AM2164 Sub. H.B. 197 As Reported by S. Ways and Means _______________________________ moved to amend as follows: 1 Engross the bill as directed by the commands in the 2 amendments attached hereto, ignoring matter extraneous to those 3 commands 4 5 INDEX The following amendments are attached hereto: Amendment No. Subject G-0334-3 Drinking water access G-0335-2 Staff member ratios for child daycare centers G-0336-2 Food processing for Seamless Summer Food Program G-0337-2 School distance learning make up of hours G-0338-5 Deadline extensions due to COVID-19 emergency G-0339-2 Rehiring recently retired state employees Legislative Service Commission -1- 133HB197-2164/rs AM2164 Amendment No. Subject G-0340-1 Department of Administrative Services – state agency capital projects G-0341-1 Medicaid payments to COVID-19 community providers G-0351-2 Open meetings – electronic participation G-0360 Budget Stabilization Fund transfer G-0361 Extra 45 days for a county central committee to fill a vacancy G-0362-2 G-0364 Waiver of education requirements due to COVID-19 emergency Payments to publicly funded child care providers G-0365-1 Changes to unemployment compensation during a COVID-19 outbreak G-0366-1 Delivery of services to special needs students during COVID-19 emergency G-0371-2 Tax compliance mitigation G-0389-2 Public retirement system boards delay board member elections until December 1, 2020 G-0392-2 Auditor of State - waive certain requirements regarding procedure Legislative Service Commission -2- 133HB197-2164/rs AM2164 Amendment No. G-0393-3 Tolling of statutes of limitations and time limitations and deadlines G-0421-1 County recorders – transfers/processing titles online G-0441 Delay Step Up to Quality requirement G-0442-2 Ohio Public Works Commission, Ohio Water Development Authority, and Ohio Environmental Protection Agency waive penalties and fees G-0445 Recent nursing graduates obtain a temporary license G-0472 Certified registered nurse anesthetists authority G-0474-1 Extension of absent voting for March 17, 2020, primary election G-0475 Bill title and emergency clause G-0478-2 Educational Choice Scholarship suspension G-0479 6 Subject Severability clause The motion was __________ agreed to. Legislative Service Commission -3- 133HB197-2164/rs g_133_0334-3 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to authorize the 1 Director of Environmental Protection to issue certain orders to public 2 water systems during the period of the emergency declared by Executive 3 Order 2020-01D, issued on March 9, 2020, but not beyond December 1, 2020, 4 if the period of emergency continues beyond that date, and to declare an 5 emergency" 6 After line ______, insert: 7 "Section 1. (A) For purposes of ensuring the supply of 8 safe drinking water to the citizens of this state and pursuant 9 to section 6109.04 of the Revised Code, during the period of the 10 emergency declared by Executive Order 2020-01D, issued on March 11 9, 2020, but not beyond December 1, 2020, if the period of the 12 emergency continues beyond that date, the Director of 13 Environmental Protection may issue an order that does any of the 14 following: 15 (1) Requires a public water system to restore service to 16 any customer whose service was disconnected as a result of 17 nonpayment of fees and charges; 18 (2) Requires a public water system to waive all fees for connection or reconnection to the public water system; (3) Prohibits a public water system from disconnecting customers because of nonpayment of fees and charges. 19 20 21 22 . B. No. g_133_0334-3 Page 2 (B) An order issued under division (A) of this section is 23 deemed an order issued under Chapter 6109. of the Revised Code. 24 As such, the order may be enforced in the same manner as any 25 other order issued under that chapter. Such enforcement may 26 include the imposition of administrative, civil, and criminal 27 penalties authorized under Chapter 6109. of the Revised Code. 28 (C) An order issued under division (A) of this section is 29 valid during the period of the emergency declared by Executive 30 Order 2020-01D issued on March 9, 2020, but not beyond December 31 1, 2020, if the period of the emergency continues beyond that 32 date." 33 After line ______, insert: 34 "Section 2. This act is an emergency measure necessary for 35 the immediate preservation of the public peace, health, and 36 safety. The reason for such necessity is that immediate action 37 is crucial to protecting the public health during an outbreak of 38 COVID-19. Therefore, this act goes into immediate effect." 39 The motion was __________ agreed to. SYNOPSIS 40 Drinking water access 41 Sections 1 and 2 42 Authorizes the Director of Environmental Protection 43 (during a state of emergency declared by the Governor under 44 Executive Order 2020-01D, issued on March 9, 2020, but not 45 beyond December 1, 2020, if the period of emergency continues 46 beyond that date) to issue an order that does any of the 47 . B. No. g_133_0334-3 following: 1. Requires a public water system to restore service to Page 3 48 49 any customer whose service was disconnected as a result of 50 nonpayment of fees and charges; 51 2. Requires a public water system to waive all fees for connection or reconnection; and 3. Prohibits a public water system from disconnecting customers because of nonpayment of fees and charges. Specifies that an order issued under the amendment may be 52 53 54 55 56 enforced in the same manner as any other order issued under the 57 Safe Drinking Water Law, including the imposition of 58 administrative, civil, and criminal penalties. 59 Specifies that the order is valid during the emergency 60 period declared by the Governor, but not beyond December 1, 61 2020, if the period of emergency continues beyond that date. 62 Declares an emergency. 63 g_133_0335-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to suspend the 1 law governing child day-care center staff member ratios and maximum group 2 sizes, and to declare an emergency" 3 After line ______, insert: 4 "Section 1. Notwithstanding section 5104.016 of the 5 Revised Code, during the period of the emergency declared by 6 Executive Order 2020-01D, issued on March 9, 2020, but not 7 beyond December 1, 2020, if the period of the emergency 8 continues beyond that date, the requirements of section 5104.033 9 of the Revised Code regarding the maximum number of children per 10 child-care staff member and maximum group sizes are suspended." 11 After line ______, insert: 12 "Section 2. This act is hereby declared to be an emergency 13 measure necessary for the immediate preservation of the public 14 peace, health, and safety. The reason for such necessity is that 15 immediate action is crucial to protecting the public health 16 during an outbreak of COVID-19. Therefore, this act shall go 17 into immediate effect." 18 The motion was __________ agreed to. . B. No. g_133_0335-2 Page 2 SYNOPSIS 19 Staff member ratios and maximum group sizes for child day- 20 care centers 21 Sections 1 and 2 22 Suspends child day-care center staff member ratios and 23 maximum group sizes until the earlier of the following: December 24 1, 2020, or the date on which Executive Order 2020-01D is 25 rescinded. 26 Declares an emergency. 27 g_133_0336-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to authorize the 1 Director of Agriculture to exempt schools and other entities from food 2 processing establishment regulations only during the Governor's Executive 3 Order 2020-01D (related to COVID-19), but not beyond December 1, 2020, and 4 to declare an emergency" 5 After line ______, insert: 6 "Section 1. (A) During the period of the emergency 7 declared by Executive Order 2020-01D, issued on March 9, 2020, 8 but not beyond December 1, 2020, if the period of the emergency 9 continues beyond that date, the Director of Agriculture may 10 exempt a school from regulation as a food processing 11 establishment under section 3715.021 of the Revised Code if the 12 school: 13 (1) Has been issued a food service operation license under Chapter 3717. of the Revised Code; and (2) Is transporting food only for purposes of the Seamless 14 15 16 Summer Option Program or the Summer Food Service Program 17 administered by the United States Department of Agriculture. 18 (B) During the period of the emergency declared by 19 Executive Order 2020-01D, issued on March 9, 2020, but not 20 beyond December 1, 2020, if the period of the emergency 21 continues beyond that date, the Director of Agriculture may 22 . B. No. g_133_0336-2 Page 2 exempt an entity from regulation as a food processing 23 establishment under section 3715.021 of the Revised Code if the 24 entity: 25 (1) Has been issued a food service operation license under Chapter 3717. of the Revised Code; and (2) Is transporting food only for purposes of the Summer 26 27 28 Food Service Program administered by the United States 29 Department of Agriculture." 30 After line ______, insert: 31 "Section 2. This act is an emergency measure necessary for 32 the immediate preservation of the public peace, health, and 33 safety. The reason for such necessity is that immediate action 34 is crucial to protecting the public health during an outbreak of 35 COVID-19. Therefore, this act goes into immediate effect." 36 The motion was __________ agreed to. SYNOPSIS 37 Food processing for Seamless Summer Food Program 38 Sections 1 and 2 39 During the period of the emergency declared by Executive 40 Order 2020-01D (related to COVID-19), but not beyond December 1, 41 2020, if the period of the emergency continues beyond that date, 42 authorizes the Director of Agriculture to exempt from regulation 43 as a food processing establishment a school or entity that: 44 1. Has been issued a food service operation license (an establishment that receives a majority of its revenue from sales 45 46 . B. No. g_133_0336-2 Page 3 of food that is prepared and served in individual portions, e.g. 47 restaurants and schools); 48 (2) With respect to a school, is transporting food only 49 for purposes of the Seamless Summer Option Program or the Summer 50 Food Service Program administered by the U.S.D.A.; 51 (3) With respect to any other entity, is transporting food 52 only for purposes of the Summer Food Service Program 53 administered by the U.S.D.A. 54 Declares an emergency. 55 (Under current law, a food processing establishment is a 56 premises or part of a premises where food is processed, 57 packaged, manufactured, or otherwise held or handled for 58 distribution to another location or for sale at wholesale. 59 Confectioneries, canneries, and bottlers are examples of food 60 processing facilities.) 61 g_133_0337-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to remove the 1 limitation on the number of distance learning make-up days permitted for 2 the 2019-2020 school year to account for school closings in compliance 3 with any order by the Director of Health, or local board of health, or an 4 extension of any order, due to the implications of COVID-19 and to declare 5 an emergency" 6 After line ______, insert: 7 "Section 1. Notwithstanding anything to the contrary in 8 section 3313.482 of the Revised Code, the board of education of 9 a school district, the governing authority of a community school 10 established under Chapter 3314. of the Revised Code that is not 11 an internet- or computer-based community school, the governing 12 body of a STEM school established under Chapter 3326. of the 13 Revised Code, or the governing authority of a chartered 14 nonpublic school shall be permitted to do either of the 15 following to make up days or hours schools were closed in the 16 2019-2020 school year due to the Director of Health's order 17 under section 3701.13 of the Revised Code "In Re: Order the 18 Closure of All K-12 Schools in the State of Ohio" issued on 19 March 14, 2020, or any local board of health order, and any 20 extension of any order: 21 (A) If the board, governing body, or governing authority 22 . B. No. g_133_0337-2 Page 2 has adopted a plan under section 3313.482 of the Revised Code to 23 require students to access and complete classroom lessons posted 24 on the district's or school's web site in order to make up hours 25 in the 2019-2020 school year for which it is necessary to close 26 schools due to conditions described in that section, the board, 27 governing body, or governing authority may amend that plan, 28 anytime on or after the effective date of this section, to 29 provide for making up any number of hours schools were closed in 30 the 2019-2020 school year in compliance with the Director's 31 order, local board of health order, or an extension of an order. 32 (B) If the board, governing body, or governing authority 33 has not adopted a plan under section 3313.482 of the Revised 34 Code to require students to access and complete classroom 35 lessons posted on the district's or school's web site in order 36 to make up hours for the 2019-2020 school year, the board, 37 governing body, or governing authority may adopt such a plan, 38 anytime on or after the effective date of this section, to 39 provide for making up any number of hours schools were closed in 40 the 2019-2020 school year in compliance with the Director's 41 order, local board of health order, or an extension of an 42 order." 43 After line ______, insert: 44 "Section 2. This act is an emergency measure necessary for 45 the immediate preservation of the public peace, health, and 46 safety. The reason for such necessity is that immediate action 47 is crucial to protecting the public health during an outbreak of 48 COVID-19. Therefore, this act goes into immediate effect." 49 The motion was __________ agreed to. . B. No. g_133_0337-2 Page 3 SYNOPSIS 50 School distance learning make up of hours 51 Sections _____ and _____ 52 For the 2019-2020 school year, permits school districts, 53 STEM schools, community schools that are not Internet- or 54 computer-based schools (e-schools), and chartered nonpublic 55 schools to make up through distance learning any number of days 56 or hours necessary due to school closures as a result of the 57 Director of Health's order "In Re: Order the Closure of All K-12 58 Schools in the State of Ohio" issued on March 14, 2020, any 59 local board of health order, or any extension of an order 60 regarding COVID-19. A district or school may amend its existing 61 plan or adopt one, if it does not have an existing plan, to make 62 up those days or hours. (Current law limits make up through 63 distance learning to not more than three days.) 64 Declares an emergency. 65 g_133_0338-5 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "regarding 1 extending certain deadlines until after the COVID-19 emergency ends and to 2 declare an emergency" 3 After line ______, insert: 4 "Section 1. (A) As used in this section: 5 (1) "License" means any license, permit, certificate, 6 commission, charter, registration, card, or other similar 7 authority that is issued or conferred by a state agency, a 8 political subdivision of this state, or an official of a 9 political subdivision of this state. 10 (2) "Person" has the same meaning as in section 1.59 of the Revised Code. (3) "State agency" means every organized body, office, or 11 12 13 agency established by the laws of the state for the exercise of 14 any function of state government. "State agency" includes all of 15 the following: 16 (a) The nonprofit corporation formed under section 187.01 of the Revised Code; 17 18 (b) The Public Employees Retirement Board, Board of 19 Trustees of the Ohio Police and Fire Pension Fund, State 20 Teachers Retirement Board, School Employees Retirement Board, 21 . B. No. g_133_0338-5 and State Highway Patrol Retirement Board; (c) A state institution of higher education as defined in section 3345.011 of the Revised Code. (B) If a state agency is required by law to take action Page 2 22 23 24 25 during the period of the emergency declared by Executive Order 26 2020-01D, issued March 9, 2020, but not beyond December 1, 2020, 27 if the period of the emergency continues beyond that date, 28 notwithstanding the date by which action is required to be taken 29 in accordance with that law, the state agency shall take that 30 action not later than the earlier of either ninety days after 31 the date the emergency ends or December 1, 2020. 32 (C)(1) Except as provided in division (E) of this section, 33 if a person is required by law to take action to maintain the 34 validity of a license during the period of the emergency 35 declared by Executive Order 2020-01D, issued March 9, 2020, but 36 not beyond December 1, 2020, if the period of the emergency 37 continues beyond that date, notwithstanding the date by which 38 action with respect to that license is required to be taken in 39 accordance with that law, the person shall take that action not 40 later than the sooner of either ninety days after the date the 41 emergency ends or December 1, 2020. 42 (2) Except as provided in division (E) of this section, a 43 license otherwise expiring pursuant to law during the period of 44 the emergency declared by Executive Order 2020-01D, issued March 45 9, 2020, but not beyond December 1, 2020, if the period of the 46 emergency continues beyond that date, notwithstanding the date 47 on which the license expires in accordance with that law, 48 remains valid until the earlier of either ninety days after the 49 date the emergency ends or December 1, 2020, unless revoked, 50 suspended, or otherwise subject to discipline or limitation 51 . B. No. g_133_0338-5 Page 3 under the applicable law for reasons other than delaying taking 52 action to maintain the validity of the license in accordance 53 with division (C)(1) of this section. 54 (D) Nothing in division (C) of this section limits the 55 authority of a state agency, political subdivision, or official 56 that issues a license to take disciplinary action under the 57 applicable law against a person with respect to a license, 58 provided that a state agency, political subdivision, or official 59 shall not take disciplinary action against a person who delays 60 in taking action to maintain the validity of the license in 61 accordance with division (C)(1) of this section. 62 (E)(1) If a concealed handgun license has been issued to a 63 person under section 2923.125 of the Revised Code and if the 64 date on which that license was, or is, scheduled to expire falls 65 during the period of emergency declared by Executive Order 2020- 66 01D, issued on March 9, 2020, but not beyond December 1, 2020, 67 if the period of the emergency continues beyond that date, 68 notwithstanding that date of scheduled expiration or any other 69 provision of law to the contrary, the date on which that license 70 was, or is, scheduled to expire is hereby extended to the sooner 71 of either ninety days or December 1, 2020, with the ninety-day 72 extension period commencing on that date of scheduled 73 expiration. 74 (2) Division (E)(1) of this section applies with respect 75 to a concealed handgun license that is described in that 76 division even if the date of scheduled expiration of that 77 license occurred prior to the effective date of this section. In 78 such a case, the ninety-day extension period, if applicable, 79 shall be considered to have commenced on that date of scheduled 80 expiration, notwithstanding the fact that the date already has 81 . B. No. g_133_0338-5 Page 4 passed, and divisions (F) and (G) of this section apply 82 regarding the license and the person to whom it was issued with 83 respect to the entire applicable extension period, 84 notwithstanding the fact that the date already has passed. 85 (F) If division (E)(1) of this section applies with 86 respect to a concealed handgun license, during the extension 87 period described in that division that is applicable to that 88 license, both of the following apply: 89 (1) The license shall be valid for all purposes under the law of this state. (2) The person to whom the license was issued shall be 90 91 92 considered for all purposes under the law of this state to be a 93 holder of a valid license to carry a concealed handgun. 94 (G) If division (E) of this section applies with respect to a concealed handgun license: 95 96 (1) The application of that division does not affect the 97 operation of section 2923.128 of the Revised Code, during the 98 applicable extension period described in that division or at any 99 other time. 100 (2) The provisions of section 2923.128 of the Revised Code 101 requiring the suspension or revocation of a concealed handgun 102 license for specified conduct, or for a specified activity or 103 factor, apply to the license with respect to which division (E) 104 of this section applies and to the person to whom the license 105 was issued, during the applicable extension period described in 106 that division or at any other time. 107 (H) This section does not apply to any of the following: 108 (1) An offender who has violent offender database duties 109 . B. No. g_133_0338-5 Page 5 as defined in section 2903.41 of the Revised Code; (2) An offender who has a duty to register under section 2909.15 of the Revised Code; 110 111 112 (3) An offender who has a duty to register under section 2950.04 or 2950.041 of the Revised Code. (I) No cause of action accrues due to the delay of an action taken under division (B), (C), or (E) of this section. (J) The General Assembly encourages any person to whom the 113 114 115 116 117 extension of time described in division (C)(1) or (E) of this 118 section applies to make all reasonable efforts, taking into 119 consideration the detrimental risks of COVID-19 to the health 120 and safety of the person and other individuals, to take action 121 with respect to a license within the extension granted under 122 that division before the extension elapses." 123 After line ______, insert: 124 "Section 2. This act is hereby declared to be an emergency 125 measure necessary for the immediate preservation of the public 126 peace, health, and safety. The reason for such necessity is to 127 address urgent needs of the state arising from a COVID-19 128 outbreak. Therefore, this act shall go into immediate effect." 129 The motion was __________ agreed to. SYNOPSIS 130 Deadline extensions due to COVID-19 emergency 131 Sections ____ and ____ 132 . B. No. g_133_0338-5 Extends current law deadlines with which a state agency Page 6 133 must comply that occurs during the emergency declared by 134 Executive Order 2020-01D until the sooner of 90 days after the 135 emergency ends or December 1, 2020. 136 Extends current law deadlines with which a licensee must 137 comply to maintain a license's validity that occurs during the 138 emergency declared by Executive Order 2020-01D until the sooner 139 of 90 days after the emergency ends or December 1, 2020. 140 Extends a license's validity until the sooner of 90 days 141 after the emergency declared by Executive Order 2020-01D ends or 142 December 1, 2020, if the license would otherwise expire during 143 the emergency, unless it is revoked, suspended, or otherwise 144 subject to discipline or limitation under the applicable law for 145 reasons other than complying with the deadline extensions by 146 delaying in taking action to maintain the license. 147 Specifies that a licensing entity may take disciplinary 148 action against a licensee except because of a licensee's 149 compliance with the deadline extensions in delaying in taking 150 action to maintain the license. 151 With respect to standard concealed handgun licenses that 152 are scheduled to expire during the period of emergency declared 153 by Executive Order 2020-01D: (1) provides an extension of 90 154 days or until December 1, 2020, whichever occurs sooner, for the 155 validity of those licenses, with the 90-day period commencing on 156 the scheduled expiration date; (2) specifies that during that 157 extension, for all purposes under Ohio law, the license is valid 158 and the person to whom the license was issued is considered to 159 be a holder of a valid license to carry a concealed handgun; and 160 (3) specifies that the extension does not affect the operation 161 of the Revised Code section (R.C. 2923.128) regarding the 162 . B. No. g_133_0338-5 Page 7 suspension or revocation of a license to carry a concealed 163 handgun or the provisions of that section requiring a suspension 164 or revocation for specified conduct, activities, or factors, 165 during the extension or at any other time. 166 Excludes from the deadline extensions an individual's duty 167 to register or enroll as a violent offender, arson offender, or 168 sex offender. 169 Exempts from suit a state agency or licensee for complying with the the deadline extensions. Specifies that the General Assembly encourages a licensee 170 171 172 to make all reasonable efforts to take action with respect to a 173 license within the bill's deadline extension before the 174 extension elapses. 175 Declares an emergency. 176 g_133_0339-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to waive the 1 reemployment penalty for a retired state retirement system member who 2 becomes reemployed by certain public employers during a COVID-19 state of 3 emergency and to declare an emergency" 4 After line ______, insert: 5 "Section 1. (A) As used in this section: 6 (1) "PERS retirant" and "other system retirant" have the 7 same meanings as in section 145.38 of the Revised Code. (2) "Public employer" has the same meaning as in section 145.01 of the Revised Code. (B) During the period of the emergency declared by 8 9 10 11 Executive Order 2020-01D, issued on March 9, 2020, but not 12 beyond December 1, 2020, if the period of emergency goes beyond 13 that date, a PERS retirant or other system retirant who is 14 employed by any of the following public employers shall not be 15 required to forfeit the retirant's retirement allowance as 16 described in division (B)(4) of section 145.38 of the Revised 17 Code: 18 (1) The Department of Rehabilitation and Correction; 19 (2) The Department of Youth Services; 20 . B. No. g_133_0339-2 Page 2 (3) The Department of Mental Health and Addiction Services; 21 22 (4) The Department of Veterans Services; 23 (5) The Department of Developmental Disabilities." 24 After line ______, insert: 25 "Section 2. This act is hereby declared to be an emergency 26 measure necessary for the immediate preservation of the public 27 peace, health, and safety. The reason for such necessity is that 28 immediate action is crucial to protecting the public health 29 during an outbreak of COVID-19. Therefore, this act shall go 30 into immediate effect." 31 The motion was __________ agreed to. SYNOPSIS Waiver of reemployment penalties during a COVID-19 outbreak 32 33 34 Sections 1 and 2 35 Removes the requirement that, until the earlier of 36 December 1, 2020, or the period of the state of emergency due to 37 COVID-19 declared by the Governor on March 9, 2020, ends, a 38 retired state retirement system member who has received a 39 retirement allowance for less than two months and is reemployed 40 by any of the following public employers forfeit the retirement 41 allowance during that two-month period: 42 --The Department of Rehabilitation and Correction; 43 . B. No. g_133_0339-2 Page 3 --The Department of Youth Services; 44 --The Department of Mental Health and Addiction Services; 45 --The Department of Veterans Services; 46 --The Department of Developmental Disabilities. 47 Declares an emergency. 48 g_133_0340-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to make a temporary cash transfer, and to make an appropriation." 1 2 After line ______, insert: 3 "Section 1. All items in this section are hereby 4 appropriated as designated out of any moneys in the state 5 treasury to the credit of the designated fund. All 6 appropriations made in this section are for the capital biennium 7 ending June 30, 2020, and are in addition to any other 8 appropriations made for the capital biennium ending June 30, 9 2020. 10 11 1 A 2 3 DAS DEPARTMENT OF ADMINISTRATIVE SERVICES B Administrative Building Fund (Fund 7026) C C10050 D E State Agency Capital Projects $ 20,000,000 TOTAL Administrative Building Fund $ 20,000,000 TOTAL ALL FUNDS $ 20,000,000 . B. No. g_133_0340-1 Page 2 Within the limits set forth in this section, the Director 12 of Budget and Management shall establish accounts indicating the 13 source and amount of funds for each appropriation made in this 14 section, and shall determine the form and manner in which 15 appropriation accounts shall be maintained. Expenditures from 16 appropriations contained in this section shall be accounted for 17 as though made in H.B. 529 of the 132nd General Assembly. 18 The appropriations made in this section are subject to all 19 provisions of H.B. 529 of the 132nd General Assembly that are 20 generally applicable to such appropriations." 21 After line ______, insert: 22 "Section 2. Upon request of the Director of Administrative 23 Services, the Director of Budget and Management may transfer up 24 to $20,000,000 cash from the Building Improvement Fund (Fund 25 5KZ0) to the Administrative Building Fund (Fund 7026) to pay 26 costs associated with state agency capital projects. When the 27 cash balance in Fund 7026 can support such an action, the 28 Director of Administrative Services shall request that the 29 Director of Budget and Management transfer cash from Fund 7026 30 to Fund 5KZ0 in an amount equal to the initial cash transfer 31 made under this section." 32 The motion was __________ agreed to. SYNOPSIS 33 Department of Administrative Services 34 Sections 1 and 2 35 Appropriates $20 million to capital appropriation item 36 . B. No. g_133_0340-1 Page 3 C10050, State Agency Capital Projects. Authorizes the Director 37 of Budget and Management, at the request of the Director of 38 Administrative Services, to transfer up to $20.0 million cash 39 from the Building Improvement Fund (Fund 5KZ0) to the 40 Administrative Building Fund (Fund 7026) to pay costs associated 41 with state agency capital projects. 42 Requires the Director of Administrative Services to 43 request the Director of Budget and Management to transfer cash 44 from Fund 7026 to repay Fund 5KZ0 in an amount equal to the 45 initial cash transfer between the two funds when there is a 46 sufficient cash balance in Fund 7026 to support such a transfer. 47 g_133_0341-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "regarding 1 Medicaid payments to COVID-19 community providers, and to make an 2 appropriation" 3 After line ______, insert: 4 "Section 1. (A) As used in this section, "Medicaid 5 provider" has the same meaning as in section 5164.01 of the 6 Revised Code. 7 (B) During the state of emergency due to COVID-19, 8 declared by Executive Order 2020-01D, issued on March 9, 2020, 9 or until December 1, 2020, whichever is earlier, the Medicaid 10 Director may do any of the following: 11 (1) Classify certain Medicaid providers as COVID-19 community providers; (2) Direct Medicaid payments to COVID-19 community providers from previously appropriated Medicaid funds; 12 13 14 15 (3) Request the Director of Budget and Management to 16 designate additional funds related to the COVID-19 outbreak for 17 Medicaid payments to COVID-19 community providers; 18 (4) Make Medicaid payments to COVID-19 community providers from funds designated under division (B)(3) of this section; 19 20 . B. No. g_133_0341-1 Page 2 (5) Facilitate payments to COVID-19 community providers by 21 transferring funds designated under division (B)(2) or (3) of 22 this section to the Departments of Developmental Disabilities 23 and Mental Health and Addiction Services via intrastate transfer 24 vouchers. 25 (C) The Medicaid Director shall specify all of the 26 following regarding the Medicaid payments authorized by this 27 section: 28 (1) Any requirements that a COVID-19 community provider must meet; 29 30 (2) Enhanced rates or additional services reimbursement; 31 (3) Methods of payment. 32 (D) Section 5162.07 of the Revised Code as it pertains to 33 seeking federal approval for components of the Medicaid program 34 applies to this section. 35 (E) All amounts in this section are hereby appropriated." 36 After line ______, insert: 37 "Section 2. This act is hereby declared to be an emergency 38 measure necessary for the immediate preservation of the public 39 peace, health, and safety. The reason for such necessity is that 40 immediate action is crucial to protecting the public health 41 during an outbreak of COVID-19. Therefore, this act shall go 42 into immediate effect." 43 The motion was __________ agreed to. SYNOPSIS 44 . B. No. g_133_0341-1 Page 3 Medicaid payments to COVID-19 community providers 45 Sections 1 and 2 46 Authorizes the Medicaid Director, during the state of 47 emergency due to COVID-19, or until December 1, 2020, whichever 48 is earlier, to (1) classify certain Medicaid providers as COVID- 49 19 community providers, (2) request the Director of Budget and 50 Management to designate additional funds related to the COVID-19 51 outbreak for Medicaid payments to COVID-19 community providers, 52 (3) make payments to COVID-19 community providers, and (4) 53 facilitate payments to COVID-19 community providers by 54 transferring funds to the Departments of Developmental 55 Disabilities and Mental Health and Addiction Services via 56 intrastate transfer vouchers. Appropriates funds in this 57 section. 58 Declares an emergency. 59 g_133_0351-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert ", to establish a 1 public body open meetings policy and policy regarding hearings for use 2 during only the period of emergency declared by Executive Order 2020-01D, 3 but not beyond December 1, 2020, and to declare an emergency" 4 After line ______, insert: 5 "Section 1. (A) As used in this section: 6 "Hearing" means an administrative hearing, hearing as 7 defined in section 119.01 of the Revised Code, or other hearing 8 at which a person may present written or oral testimony on a 9 matter before the public body. 10 "Public body" and "meeting" have the meanings defined in section 121.22 of the Revised Code. (B) During the period of the emergency declared by 11 12 13 Executive Order 2020-01D, issued on March 9, 2020, but not 14 beyond December 1, 2020, if the period of the emergency 15 continues beyond that date, members of a public body may hold 16 and attend meetings and may conduct and attend hearings by means 17 of teleconference, video conference, or any other similar 18 electronic technology and all of the following apply: 19 (1) Any resolution, rule, or formal action of any kind shall have the same effect as if it had occurred during an open 20 21 . B. No. g_133_0351-2 meeting or hearing of the public body. (2) Notwithstanding division (C) of section 121.22 of the Page 2 22 23 Revised Code, members of a public body who attend meetings or 24 hearings by means of teleconference, video conference, or any 25 other similar electronic technology, shall be considered present 26 as if in person at the meeting or hearing, shall be permitted to 27 vote, and shall be counted for purposes of determining whether a 28 quorum is present at the meeting or hearing. 29 (3) Public bodies shall provide notification of meetings 30 and hearings held under this section to the public, to the media 31 that have requested notification of a meeting, and to the 32 parties required to be notified of a hearing, at least twenty- 33 four hours in advance of the meeting or hearing by reasonable 34 methods by which any person may determine the time, location, 35 and the manner by which the meeting or hearing will be 36 conducted, except in the event of an emergency requiring 37 immediate official action. In the event of an emergency, the 38 public body shall immediately notify the news media that have 39 requested notification or the parties required to be notified of 40 a hearing of the time, place, and purpose of the meeting or 41 hearing. 42 (4) The public body shall provide the public access to a 43 meeting held under this section, and to any hearing held under 44 this section that the public would otherwise be entitled to 45 attend, commensurate with the method in which the meeting or 46 hearing is being conducted, including, but not limited to, 47 examples such as live-streaming by means of the internet, local 48 radio, television, cable, or public access channels, call in 49 information for a teleconference, or by means of any other 50 similar electronic technology. The public body shall ensure that 51 . B. No. g_133_0351-2 Page 3 the public can observe and hear the discussions and 52 deliberations of all the members of the public body, whether the 53 member is participating in person or electronically. 54 (C) When members of a public body conduct a hearing by 55 means of teleconference, video conference, or any other similar 56 electronic technology, the public body must establish a means, 57 through the use of electronic equipment that is widely available 58 to the general public, to converse with witnesses, and to 59 receive documentary testimony and physical evidence. 60 (D) The authority granted in this section applies 61 notwithstanding any conflicting provision of the Revised Code. 62 Nothing in this section shall be construed to negate any 63 provision of section 121.22 of the Revised Code, Chapter 119. of 64 the Revised Code, or other section of the Revised Code that is 65 not in conflict with this section. 66 (E) This section is effective during the period of the 67 emergency declared by Executive Order 2020-01D, issued on March 68 9, 2020, or until December 1, 2020, if the period of the 69 emergency continues beyond that date." 70 After line ______, insert: 71 "Section 2. This act is hereby declared to be an emergency 72 measure necessary for the immediate preservation of the public 73 peace, health, and safety. The reason for such necessity is to 74 minimize the impact to Ohio citizens from the COVID-19 outbreak, 75 and to establish a public body open meetings policy for use only 76 during this public health emergency. Therefore, this act shall 77 go into immediate effect." 78 The motion was __________ agreed to. . B. No. g_133_0351-2 Page 4 SYNOPSIS Public body open meetings and hearing policy during emergency 79 80 81 Sections 1 and 2 82 Establishes a public body open meetings policy and a 83 policy regarding hearings, which utilize the use of electronic 84 communication in lieu of in person meetings and hearings, for 85 use only during the period of the emergency declared by 86 Executive Order 2020-01D, issued on March 9, 2020, but not 87 beyond December 1, 2020, if the period of the emergency 88 continues beyond that date. 89 Declares an emergency. 90 g_133_0360 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "To authorize a 1 transfer from the Budget Stabilization Fund to the General Revenue Fund 2 and to declare an emergency" 3 After line ______, insert: 4 "Section 1. BUDGET STABILIZATION FUND TRANSFER 5 Notwithstanding division (D) of section 127.14 of the 6 Revised Code, the Director of Budget and Management may request, 7 prior to the end of fiscal year 2020, approval from the 8 Controlling Board for a transfer of cash from the Budget 9 Stabilization Fund to the General Revenue Fund to help ensure 10 that the available revenue receipts and balances in the General 11 Revenue Fund are not less than the expenditures for fiscal year 12 2020. Upon the approval of at least two members of the 13 Controlling Board who are members of the Senate and at least two 14 members of the Controlling Board who are members of the House of 15 Representatives, the Director may transfer cash in the amount 16 approved from the Budget Stabilization Fund to the General 17 Revenue Fund." 18 After line ______, insert: 19 "Section 2. This act is an emergency measure necessary for 20 the immediate preservation of the public peace, health, and 21 safety. The reason for such necessity is that immediate action 22 . B. No. g_133_0360 Page 2 is crucial to protecting the public health during an outbreak of 23 COVID-19. Therefore, this act goes into immediate effect." 24 The motion was __________ agreed to. SYNOPSIS 25 Budget Stabilization Fund transfer 26 Section 1 27 Authorizes the Director of Budget and Management to 28 transfer cash in FY 2020 from the Budget Stabilization Fund to 29 the GRF to ensure the fiscal year 2020 GRF budget is balanced, 30 on the approval of at least two Controlling Board members from 31 each chamber of the General Assembly. 32 Declares an emergency. 33 g_133_0361 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to provide a 1 county central committee of a political party an additional forty-five 2 days to fill a vacancy during the period of the emergency declared by 3 Executive Order 2020-01D, issued on March 9, 2020" 4 After line ______, insert: 5 "Section 1. Notwithstanding sections 3.16, 305.02, 731.43, 6 733.08, 733.31, 1901.31, and 3513.31 of the Revised Code, the 7 county central committee of the political party that is 8 responsible for filling any vacancy shall have an additional 9 forty-five days to fill the vacancy from the date the vacancy 10 was required to be filled during the period of the emergency 11 declared by Executive Order 2020-01D, issued on March 9, 2020." 12 The motion was __________ agreed to. SYNOPSIS 13 Vacancies to be filled by county central committees 14 Section 1 15 Provides a county central committee of a political party 16 an additional forty-five days to fill a vacancy from the date 17 . B. No. g_133_0361 Page 2 the vacancy was required to be filled during the period of the 18 emergency declared by Executive Order 2020-01D, issued on March 19 9, 2020. 20 g_133_0362-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to account for 1 school closings in compliance with the Director of Health's order, or 2 local board of health order or extension of any order, due to the 3 implications of COVID-19 and to declare an emergency" 4 After line ______, insert: 5 "Section 1. Notwithstanding anything in the Revised Code 6 or Administrative Code to the contrary, for the 2019-2020 school 7 year only, except as otherwise provided in this section, due to 8 the Director of Health's order under section 3701.13 of the 9 Revised Code "In re: Order the Closure of All K-12 Schools in 10 the State of Ohio" issued on March 14, 2020, or any local board 11 of health order, and any extension of any order, based on the 12 implications of COVID-19, all of the following apply: 13 (A)(1) Any city, exempted village, local, joint 14 vocational, or municipal school district, any community school 15 established under Chapter 3314. of the Revised Code, any STEM 16 school established under Chapter 3326. of the Revised Code, any 17 chartered nonpublic school, and the State School for the Deaf 18 and the State School for the Blind shall not be required to 19 administer the assessments prescribed in sections 3301.0710, 20 3301.0711, 3301.0712, 3313.903, and 3314.017 of the Revised 21 Code, including the Ohio English Language Proficiency Assessment 22 . B. No. g_133_0362-2 Page 2 administered to English learners pursuant to division (C)(3)(b) 23 of section 3301.0711 of the Revised Code and the Alternate 24 Assessment for Students with Significant Cognitive Disabilities 25 prescribed in division (C)(1) of section 3301.0711 of the 26 Revised Code. 27 (2) Any chartered nonpublic school that has chosen to 28 administer assessments under section 3313.619 of the Revised 29 Code that has not administered such assessments by March 17, 30 2020, shall not be required to administer those assessments. 31 (3) The Department of Education shall not exclude any 32 student to whom an assessment was not administered in the 2019- 33 2020 school year under division (A) of this section from 34 counting in a district's or school's enrollment for the 2020- 35 2021 school year pursuant to division (L)(3) of section 3314.08, 36 division (E)(3) of section 3317.03, or division (C) of section 37 3326.37 of the Revised Code. 38 (4) If a student was not administered an assessment in the 39 2019-2020 school year under division (A) of this section, that 40 school year shall not count in determining if the student is 41 subject to withdrawal from a school pursuant to section 42 3313.6410 or 3314.26 of the Revised Code. 43 (5) No student who received a scholarship under the 44 Educational Choice Scholarship Program under section 3310.03 or 45 3310.032 of the Revised Code, the Jon Peterson Special Needs 46 Scholarship Program under section 3310.52 of the Revised Code, 47 or the Pilot Project Scholarship Program under section 3313.975 48 of the Revised Code for the 2019-2020 school year shall be 49 considered ineligible to renew that scholarship for the 2020- 50 2021 school year solely because the student was not administered 51 an assessment in the 2019-2020 school year under division (A) of 52 . B. No. g_133_0362-2 this section. (B)(1) The Department of Education shall not publish state Page 3 53 54 report card ratings under section 3302.03, 3302.033, 3314.012, 55 or 3314.017 of the Revised Code nor shall the Department be 56 required to submit preliminary data for the report cards by July 57 31, 2020, as required by those sections. Furthermore, the 58 Department shall not assign an overall letter grade under 59 division (C)(3) of section 3302.03 of the Revised Code for any 60 school district or building, shall not assign an individual 61 grade to any component prescribed under division (C)(3) of 62 section 3302.03 of the Revised Code, shall not assign a grade to 63 any measures under division (C)(1) of section 3302.03 of the 64 Revised Code, and shall not rank school districts, community 65 schools, or STEM schools under section 3302.21 of the Revised 66 Code for the 2019-2020 school year. 67 However, the Department shall report any data that it has 68 regarding the performance of districts and buildings for the 69 2019-2020 school year by September 15, 2020. 70 (2) The absence of report card ratings for the 2019-2020 71 school year shall have no effect in determining sanctions or 72 penalties, and shall not create a new starting point for 73 determinations that are based on ratings over multiple years. 74 The report card ratings of any previous or subsequent years 75 shall be considered in determining whether a school district or 76 building is subject to sanctions or penalties. If a school 77 district or building was subject to any of the following 78 penalties or sanctions in the 2019-2020 school year based on its 79 report card rating for previous school years, those penalties or 80 sanctions shall remain for the 2020-2021 school year. Those 81 penalties and sanctions include the following: 82 . B. No. g_133_0362-2 (a) Any restructuring provisions established under Chapter 3302. of the Revised Code, except as required under federal law; (b) Provisions for the Columbus City School Pilot Project under section 3302.042 of the Revised Code; Page 4 83 84 85 86 (c) Provisions for academic distress commissions under 87 section 3302.10 of the Revised Code. While a district subject to 88 an academic distress commission prior to the effective date of 89 this section shall be considered to be subject to an academic 90 distress commission for the 2020-2021 school year, that year 91 shall not be included for purposes of determining progressive 92 consequences under divisions (H), (I), (J), (K), and (L) of 93 section 3302.10 of the Revised Code that are in addition to 94 those that were being exercised by the chief executive officer 95 during the 2019-2020 school year or for purposes of the 96 appointment of a new board of education under division (K) of 97 that section. Nothing in division (B)(2)(c) of this section 98 shall be construed to limit the powers that the chief executive 99 officer exercised under section 3302.10 of the Revised Code 100 prior to the 2020-2021 school year. 101 (d) Provisions prescribing new buildings where students 102 are eligible for the Educational Choice Scholarships under 103 section 3310.03 of the Revised Code; 104 (e) Provisions defining "challenged school districts" in 105 which new start-up community schools may be located, as 106 prescribed in section 3314.02 of the Revised Code; 107 (f) Provisions prescribing community school closure 108 requirements under section 3314.35 or 3314.351 of the Revised 109 Code; 110 (g) Provisions of state or federal law that identify 111 . B. No. g_133_0362-2 Page 5 school districts or buildings for comprehensive or targeted 112 support and improvement or additional targeted support and 113 improvement. Districts and buildings so identified shall 114 continue to receive supports and interventions consistent with 115 their support and improvement plans in the 2020-2021 school 116 year. 117 (h) Provisions that determine the conditions under which 118 community schools may change sponsors under section 3314.034 of 119 the Revised Code. 120 (C) No school district, community school, or STEM school 121 and no chartered nonpublic school that is subject to section 122 3301.163 of the Revised Code shall retain a student in the third 123 grade under that section or section 3313.608 of the Revised Code 124 based solely on a student's academic performance in reading in 125 the 2019-2020 school year unless the principal of the school 126 building in which a student is enrolled and the student's 127 reading teacher agree that the student is reading below grade 128 level and is not prepared to be promoted to the fourth grade. 129 (D)(1) Division (D) of this section applies to any student who meets both of the following criteria: (a) The student was enrolled in the twelfth grade in the 130 131 132 2019-2020 school year or was on track to graduate in the 2019- 133 2020 school year, as determined by the school district or other 134 public or chartered nonpublic school in which the student was 135 enrolled, regardless of the graduation cohort in which the 136 student is included. 137 (b) The student had not completed the requirements for a 138 high school diploma under section 3313.61, 3313.612, or 3325.08 139 of the Revised Code or under Section 3 of H.B. 491 of the 132nd 140 . B. No. g_133_0362-2 General Assembly, as of March 17, 2020. (2) A city, exempted village, local, or municipal school Page 6 141 142 district, a community school, a STEM school, a chartered 143 nonpublic school, the State School for the Blind, and the State 144 School for the Deaf shall grant a high school diploma to any 145 student to whom this section applies, if the student's 146 principal, in consultation with teachers and counselors, reviews 147 the student's progress toward meeting the requirements for a 148 diploma and determines that the student has successfully 149 completed the curriculum in the student's high school or the 150 individualized education program developed for the student by 151 the student's high school pursuant to section 3323.08 of the 152 Revised Code, or qualified under division (D) or (F) of section 153 3313.603 of the Revised Code, at the time the student's school 154 closed pursuant to the Director of Health's order under section 155 3701.13 of the Revised Code "In Re: Order the Closure of All K- 156 12 Schools in the State of Ohio" issued on March 14, 2020. No 157 district or school shall grant a high school diploma under 158 division (D)(2) of this section after September 30, 2020. 159 (3) If the board of education of a school district or the 160 governing authority of a community school, STEM school, 161 chartered nonpublic school, the State School for the Blind, or 162 the State School for the Deaf has adopted a resolution under 163 division (E) of section 3313.603 of the Revised Code requiring a 164 more challenging curriculum than otherwise required under 165 division (C) of that section, the district superintendent or the 166 chief administrator of the school may elect to require only the 167 minimum curriculum specified in division (C) of that section for 168 the purpose of determining if a student to whom division (D) of 169 this section applies has successfully completed the curriculum 170 under division (D)(2) of this section. If such an election is 171 . B. No. g_133_0362-2 Page 7 made, the superintendent or chief administrator shall evaluate 172 each student to whom division (D) of this section applies using 173 the minimum curriculum specified in division (C) of this 174 section. 175 (4) It is the intent of the General Assembly that school 176 districts and other public and private schools do both of the 177 following: 178 (a) Continue to provide ways to keep students actively 179 engaged in learning opportunities between March 17, 2020, and 180 the remainder of the school year; 181 (b) Grant students who need in-person instructional 182 experiences to complete requirements for a diploma or a career- 183 technical education program access to school facilities as soon 184 as it is reasonably possible after the Director of Health 185 permits such access to resume, even if the last instructional 186 day of the school year has already passed. 187 (E) For the purpose of teacher evaluations conducted under 188 sections 3319.111 and 3319.112 of the Revised Code, no school 189 district board of education shall use value-added progress 190 dimension data, established under section 3302.021 of the 191 Revised Code, from the 2019-2020 school year to measure student 192 learning attributable to the teacher being evaluated. 193 (F) For community school sponsor evaluations required 194 under section 3314.016 of the Revised Code, the Department shall 195 not issue a rating for the academic performance component under 196 division (B)(1)(a) of that section to any sponsor and shall not 197 include academic performance in the calculation of an overall 198 rating for the sponsor. The Department's rating of a sponsor for 199 the 2019-2020 school year shall be based only on the components 200 . B. No. g_133_0362-2 listed in divisions (B)(1)(b) and (c) of that section. In evaluating a sponsor based on the components in Page 8 201 202 divisions (B)(1)(b) and (c) of section 3314.016 of the Revised 203 Code for the 2019-2020 school year, the Department shall not 204 find a sponsor or a school out of compliance with an applicable 205 law or administrative rule for any requirement for an action 206 that should have occurred while schools were closed pursuant to 207 the Director of Health's order under section 3701.13 of the 208 Revised Code "In Re: Order the Closure of All K-12 Schools in 209 the State of Ohio" issued on March 14, 2020, any local board of 210 health order, or any extension of an order. 211 (G) The Superintendent of Public Instruction may waive the 212 requirement to complete any report prescribed by law that is 213 based on data from assessments that would have been but were not 214 administered during the 2019-2020 school year pursuant to 215 division (A) of this section. 216 (H) The Department, on behalf of the State Board of 217 Education, may issue a one-year, nonrenewable provisional 218 license to any individual to practice in any category, type, and 219 level for which the State Board issues a license pursuant to 220 Title XXXIII of the Revised Code, if the individual has met all 221 requirements for the requested license except for the 222 requirement to pass an examination prescribed by the State Board 223 in the subject area for which application is being made. Any 224 individual to whom a provisional license is issued under this 225 division shall take and pass the appropriate subject area 226 examination prior to expiration of the license as a condition of 227 advancing the license in the appropriate category, type, and 228 level. The Department shall not issue a provisional license 229 under this division that is valid on or after July 1, 2021. 230 . B. No. g_133_0362-2 Page 9 (I) The Superintendent of Public Instruction may extend or 231 waive any deadline for an action required of the State Board of 232 Education, the Department of Education, or any person or entity 233 licensed or regulated by the State Board or Department during 234 the duration of the Director of Health's order under section 235 3701.13 of the Revised Code "In re: Order the Closure of All K- 236 12 Schools in the State of Ohio" issued on March 14, 2020, or 237 any local board of health order, and any extension of any order, 238 based on the implications of COVID-19, as necessary to ensure 239 that the safety of students, families, and communities are 240 prioritized while continuing to ensure the efficient operation 241 of the Department and public and private schools in this state. 242 Deadlines that may be extended or waived by the State 243 Superintendent include, but are not limited to, deadlines 244 related to the following: 245 (1) The conduct of evaluations for school personnel under Chapter 3319. of the Revised Code; (2) Notice of intent not to reemploy school personnel under Chapter 3319. Of the Revised Code; (3) The conduct of school safety drills under section 3737.73 of the Revised Code; (4) The emergency management test required by division (E) of section 3313.536 of the Revised Code; 246 247 248 249 250 251 252 253 (5) The filling of a vacancy in a board of education; 254 (6) Updating of teacher evaluation policies to conform 255 with the framework for evaluation of teachers adopted under 256 section 3319.112 of the Revised Code; 257 (7) Identification and screening of gifted students under Chapter 3324. of the Revised Code. 258 259 . B. No. g_133_0362-2 Page 10 (J) Notwithstanding anything in the Revised Code or 260 Administrative Code to the contrary, the Chancellor of Higher 261 Education, in consultation with the Superintendent of Public 262 Instruction, may waive, extend, suspend, or modify requirements 263 of the College Credit Plus program if the Chancellor, in 264 consultation with the Superintendent, determines the waiver, 265 extension, suspension, or modification is necessary in response 266 to COVID-19. 267 (K) The Superintendent of Public Instruction shall 268 collaborate with providers in the 22+ Adult High School Diploma 269 Program authorized under sections 3314.38, 3317.23, 3317.231, 270 3317.24, and 3345.86 of the Revised Code and the Adult Diploma 271 Program authorized under section 3313.902 of the Revised Code, 272 and rules adopted thereunder, to ensure that the providers have 273 maximum flexibility to assist students whose progress in the 274 program has been affected by the Director of Health's order to 275 complete the requirements to earn a high school diploma. For 276 this purpose, the State Superintendent may waive or extend 277 deadlines, or otherwise grant providers and students 278 flexibility, for completion of program requirements. 279 (L) No school district shall require the parent of any 280 student who was instructed at home in accordance with section 281 3321.04 of the Revised Code for the 2019-2020 school year to 282 submit to the district superintendent the results of a 283 standardized achievement assessment administered to the student 284 as a condition of the district allowing the student to continue 285 to receive home instruction for the 2020-2021 school year. 286 (M) Notwithstanding anything in the Revised Code to the 287 contrary, the board of education of any school district that, 288 prior to the Director of Health's order under section 3701.13 of 289 . B. No. g_133_0362-2 Page 11 the Revised Code "In re: Order the Closure of All K-12 Schools 290 in the State of Ohio" issued on March 14, 2020, had not 291 completed an evaluation that was required under Chapter 3319. of 292 the Revised Code for the 2019-2020 school year for an employee 293 of the district, including a teacher, administrator, or 294 superintendent, may elect not to conduct an evaluation of the 295 employee for that school year, if the district board determines 296 that it would be impossible or impracticable to do so. If a 297 district board elects not to evaluate an employee for the 2019- 298 2020 school year, the employee shall be considered not to have 299 had evaluation procedures complied with pursuant to section 300 3319.111 of the Revised Code for purposes of section 3319.11 of 301 the Revised Code. The district board may collaborate with any 302 bargaining organization representing employees of the district 303 in determining whether to complete evaluations for the 2019-2020 304 school year. Nothing in this section shall preclude a district 305 board from using an evaluation completed prior to the Director 306 of Health's order in employment decisions." 307 After line ______, insert: 308 "Section 2. This act is hereby declared to be an emergency 309 measure necessary for the immediate preservation of the public 310 peace, health, and safety. The reason for such necessity is to 311 address urgent needs of the state during the period of emergency 312 arising from a COVID-19 outbreak. Therefore, this act shall go 313 into immediate effect." 314 The motion was __________ agreed to. SYNOPSIS 315 . B. No. g_133_0362-2 Page 12 Waiver of education requirements due to COVID-19 emergency 316 Section 1 317 For the 2019-2020 school year, due to the Director of 318 Health's order "In Re: Order the Closure of All K-12 Schools in 319 the State of Ohio" issued on March 14, 2020, any local board of 320 health order, or any extension of an order to close all 321 kindergarten through 12th grade schools, does all of the 322 following: 323 Exempts all public and chartered nonpublic schools from 324 administering state achievement and alternative assessments, 325 including the Ohio English Language Proficiency Assessment 326 administered to English learners, WebXams, and the Alternate 327 Assessment for Students with Significant Cognitive Disabilities. 328 Prohibits the Department of Education from subtracting 329 from a district or school's state aid account for students who 330 were unable to complete assessments. 331 Prohibits an e-school from withdrawing students who were unable to complete assessments. Specifies that students participating in the Educational 332 333 334 Choice Scholarship Program, the Jon Peterson Special Needs 335 Scholarship Program, or the Pilot Project (Cleveland) 336 Scholarship Program must be considered eligible to renew that 337 scholarship for the 2020-2021 school year in spite of the 338 student not being administered an assessment in the 2019-2020 339 school year. 340 Prohibits the Department from publishing and issuing 341 ratings for overall grades, components, and individual measures 342 on the state report cards, report cards for dropout recovery 343 schools, report cards for joint vocational school districts and 344 . B. No. g_133_0362-2 Page 13 other career-technical planning districts, and submitting 345 preliminary data for report cards for school districts and 346 buildings. 347 Establishes a safe harbor from penalties and sanctions for 348 districts and schools based on the absence of state report card 349 grades for the 2019-2020 school year. Includes safe harbor from: 350 - Restructuring under state law based on poor performance; 351 - The Columbus City School Pilot Project; 352 - Provisions for academic distress commissions and 353 progressive consequences for existing commissions (but 354 specifically retains the chief executive officer's powers prior 355 to the 2020-2021 school year); 356 - Buildings becoming subject to the Educational Choice Scholarship; - Determination of "challenged school districts" where new start-up community schools may be located; 357 358 359 360 - Community school closure requirements; 361 - Identification of school districts and buildings for 362 federal and state targeted support and improvement; - Conditions under which community schools may change sponsors. Exempts schools from retaining students in the third grade 363 364 365 366 under the Third-Grade Reading Guarantee, unless the school 367 principal and student's reading teacher determine the student is 368 not reading at grade level. 369 Permits public and private schools to grant a diploma to any student on track to graduate and for whom the principal, in 370 371 . B. No. g_133_0362-2 Page 14 consultation with teachers and counselors, determines that the 372 student has successfully completed the student's high school 373 curriculum or individualized education program at the time of 374 the Director's order. 375 Permits a district or school that has previously adopted a 376 resolution to exceed the minimum curriculum requirements 377 prescribed under current law to elect to require only the 378 minimum curriculum for the purpose of determining high school 379 graduation for the 2019-2020 school year. 380 Declares the intent of the General Assembly that school 381 districts and other public and private schools continue to find 382 ways to keep students actively engaged in learning opportunities 383 for the remainder of the school year and to grant students who 384 need in-person instructional experiences to complete diploma 385 requirements or career-technical education programs to access 386 school facilities as soon as reasonably possible after the 387 Director of Health permits such access, even if the last 388 instructional day of the school year has passed. 389 Prohibits the use of the value-added progress dimension 390 from the 2019-2020 school year to measure student learning 391 attributable to teachers for their performance evaluations. 392 For community school sponsor ratings: (1) prohibits the 393 Department from issuing a rating for the academic performance 394 component; (2) prohibits the use of that rating for the overall 395 rating; and (3) prohibits the Department from finding a sponsor 396 out of compliance with applicable laws and rules for any 397 requirement for an action that should have occurred while 398 schools were closed. 399 Permits the Superintendent of Public Instruction to waive 400 . B. No. g_133_0362-2 Page 15 the requirement to complete any report based on data from 401 assessments that were to be administered in the 2019-2020 school 402 year. 403 Permits the Department to issue one-year, nonrenewable, 404 provisional licenses to educators that have met all other 405 requirements for the requested license except for the 406 requirement to pass a subject area exam prescribed by the State 407 Board. However, an educator that is issued a provisional license 408 is required to take and pass the appropriate subject area exam 409 prior to expiration of the license as a condition of advancing 410 the license. 411 Gives authority to the State Superintendent to adjust 412 deadlines set in current law and required of the State Board of 413 Education, educators, and schools, including: 414 -Teacher evaluations; 415 -Intent to reemploy notifications; 416 -School safety drills; 417 -Emergency management tests; 418 -Requirements to fill a vacancy on a board of education; 419 -Updating teacher evaluation policies; and 420 -Gifted screening requirements. 421 Permits the Chancellor of Higher Education, in 422 consultation with the Superintendent of Public Instruction to 423 extend, waive, or otherwise modify requirements of the College 424 Credit Plus Program. 425 Permits the Superintendent of Public Instruction to waive 426 or extend deadlines, or otherwise grant providers and students 427 . B. No. g_133_0362-2 Page 16 flexibility, for completion of adult education program 428 requirements interrupted due to the COVID-19 outbreak. 429 Waives the requirement that the parents of a homeschooled 430 student must submit assessment data to the resident school 431 district as a condition of the district allowing the student to 432 continue to receive home instruction for the 2020-2021 school 433 year. 434 Permits a board of education to elect not to conduct 435 evaluations of district employees, including teachers, 436 administrators, or a superintendent for the 2019-2020 school 437 year, if the district board determines that it would be 438 impossible or impracticable to do so. If a district board elects 439 not to evaluate an employee for the 2019-2020 school year, the 440 employee shall be considered not to have had evaluation 441 procedures complied with and shall not be penalized for the 442 purpose of reemployment. Specifies that the district board may 443 collaborate with any bargaining organization representing 444 employees of the district in determining whether to complete 445 evaluations for the 2019-2020 school year. Nothing in the 446 amendment precludes a district board from using an evaluation 447 completed prior to the Director of Health's order in employment 448 decisions. 449 Emergency clause 450 Section 2 451 Declares an emergency. 452 g_133_0364 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to authorize 1 payments to publicly funded child care providers during the period of the 2 emergency declared by Executive Order 2020-01D and to declare an 3 emergency" 4 After line ______, insert: 5 "Section 1. During the period of the emergency declared by 6 Executive Order 2020-01D, issued on March 9, 2020, the 7 Department of Job and Family Services may continue to pay a 8 provider of publicly funded child care if both of the following 9 apply: 10 (A) The provider is under contract with the Department as described in section 5104.32 of the Revised Code; 11 12 (B) The provider is unable to provide publicly funded 13 child care to children of eligible caretaker parents as a result 14 of the emergency." 15 After line ______, insert: 16 "Section 2. This act is hereby declared to be an emergency 17 measure necessary for the immediate preservation of the public 18 peace, health, and safety. The reason for such necessity is that 19 immediate action is crucial to protecting the public health 20 during an outbreak of COVID-19. Therefore, this act shall go 21 into immediate effect." 22 . B. No. g_133_0364 Page 2 The motion was __________ agreed to. SYNOPSIS 23 Payments to publicly funded child care providers 24 Sections 1 and 2 25 Authorizes the Ohio Department of Job and Family Services 26 to continue to pay providers of publicly funded child care 27 during the period of the COVID-19 emergency declared on March 9, 28 2020, and declares an emergency. 29 g_133_0365-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to make temporary 1 changes to the Unemployment Compensation Law during a COVID-19 state of 2 emergency, and to declare an emergency" 3 After line ______, insert: 4 "Section 1. (A) As used in this section: 5 (1) "Benefits," "benefit year," "claim for benefits," 6 "employer," and "unemployed" have the same meanings as in 7 section 4141.01 of the Revised Code. 8 (2) "Reimbursing employer" means an employer that makes 9 payments in lieu of contributions as defined in section 4141.01 10 of the Revised Code. 11 (B) During the period of the emergency declared by 12 Executive Order 2020-01D, issued on March 9, 2020, but not 13 beyond December 1, 2020, if the period of emergency continues 14 beyond that date, all of the following apply: 15 (1) The requirement that an individual serve a waiting 16 period under division (B) of section 4141.29 of the Revised Code 17 before receiving benefits does not apply to a benefit year that 18 begins after the effective date of this section. 19 (2) The Director of Job and Family Services may waive the requirement that an individual be actively seeking suitable work 20 21 . B. No. g_133_0365-1 Page 2 under division (A)(4)(a) of section 4141.29 of the Revised Code 22 for any claim for benefits filed during the duration of this 23 section. 24 (3) Notwithstanding division (D)(2) of section 4141.29 of 25 the Revised Code, an individual shall not be disqualified from 26 being paid benefits if the individual is unemployed or is unable 27 to return to work because of an order, including an isolation or 28 quarantine order, issued by any of the following: 29 (a) The individual's employer; 30 (b) The Governor; 31 (c) The board of health of a city health district pursuant 32 to section 3709.20 of the Revised Code; (d) The board of health of a general health district pursuant to section 3709.21 of the Revised Code; (e) A health commissioner pursuant to section 3707.34 of the Revised Code; (f) The Director of Health pursuant to section 3701.13 of the Revised Code. 33 34 35 36 37 38 39 (4) Benefits that may become payable to an individual 40 described in division (B)(3) of this section shall be charged to 41 the mutualized account created by division (B) of section 42 4141.25 of the Revised Code, provided that no charge shall be 43 made to the mutualized account for benefits chargeable to a 44 reimbursing employer, except as provided in division (D)(2) of 45 section 4141.24 of the Revised Code." 46 After line ______, insert: 47 "Section 2. This act is hereby declared to be an emergency 48 measure necessary for the immediate preservation of the public 49 . B. No. g_133_0365-1 Page 3 peace, health, and safety. The reason for such necessity is that 50 immediate action is crucial to protecting the public health 51 during an outbreak of COVID-19. Therefore, this act shall go 52 into immediate effect." 53 The motion was __________ agreed to. SYNOPSIS Changes to unemployment compensation during a COVID-19 outbreak 54 55 56 Sections 1 and 2 57 Suspends, until the earlier of December 1, 2020, or the 58 date on which the state of emergency declared by Executive Order 59 2020-01D, dated March 9, 2020, ends, a requirement that an 60 individual serve a waiting period before receiving unemployment 61 benefits. 62 Permits the Director of Job and Family Services, during 63 the period described above, to waive the requirement that a 64 person actively search for suitable work as a condition of 65 receiving unemployment benefits. 66 Provides, during the period described above, that an 67 individual is not disqualified from receiving unemployment 68 benefits if the individual is unemployed or is unable to return 69 to work because of an order, including an order to be isolated 70 or quarantined, issued by any of the following: 71 --The individual's employer; 72 --The Governor; 73 . B. No. g_133_0365-1 Page 4 --The board of health of a city health district; 74 --The board of health of a general health district; 75 --A health commissioner; 76 --The Department of Health. 77 Charges benefits paid to an individual who is unemployed 78 or unable to return to work due to an isolation or quarantine 79 order during the period described above to the mutualized 80 account, unless the benefits are chargeable to a reimbursing 81 employer. 82 Declares an emergency. 83 g_133_0366-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to permit certain 1 license holders to deliver services electronically or via telehealth 2 communications to special needs students during a COVID-19 outbreak and to 3 declare an emergency" 4 After line ______, insert: 5 "Section 1. (A) As used in this section, "license" 6 includes any license, certificate, permit, or other 7 authorization issued by a state licensing board that allows the 8 holder to practice a job or profession. 9 (B) This section applies to all of the following during 10 the period of the Director of Health's order under section 11 3701.13 of the Revised Code "In Re: Order the Closure of All K- 12 12 Schools in the State of Ohio" issued on March 14, 2020, any 13 local board of health order to close schools, or any extension 14 of an order due to the implications of COVID-19, or until 15 December 1, 2020, if the order or extension of the order has not 16 been rescinded by that date: 17 (1) The Ohio Speech and Hearing Professionals Board described in section 4753.05 of the Revised Code; (2) The Ohio Occupational Therapy, Physical Therapy, and 18 19 20 Athletic Trainers Board created under section 4755.01 of the 21 Revised Code; 22 . B. No. g_133_0366-1 (3) The State Board of Psychology appointed under section 4732.02 of the Revised Code; (4) The Counselor, Social Worker, and Marriage and Family Page 2 23 24 25 Therapist Board created under section 4757.03 of the Revised 26 Code; 27 (5) The State Board of Education with respect to intervention specialists. (C) Notwithstanding anything to the contrary in the 28 29 30 Revised Code or in an administrative rule adopted by a licensing 31 board to which this section applies, a person who holds a valid 32 license issued by such a board may provide services within the 33 scope of practice authorized under the license by electronic 34 delivery method or telehealth communication to any student 35 participating in the Autism Scholarship Program established 36 under section 3310.41 of the Revised Code or the Jon Peterson 37 Special Needs Scholarship Program established under section 38 3310.52 of the Revised Code, or to any student who was enrolled 39 in a public or private school and was receiving those services, 40 regardless of the method of delivery, prior to the issuance of 41 the Director of Health's order. No licensing board to which this 42 section applies shall take any disciplinary action against a 43 license holder who provides services to a student in accordance 44 with this section, including limiting, suspending, or revoking 45 the person's license or refusing to issue a license to the 46 person, solely because the license holder provided such 47 services." 48 After line ______, insert: 49 "Section 2. This act is hereby declared to be an emergency 50 measure necessary for the immediate preservation of the public 51 peace, health, and safety. The reason for such necessity is to 52 . B. No. g_133_0366-1 Page 3 address urgent needs of the state during the period of emergency 53 arising from a COVID-19 outbreak. Therefore, this act shall go 54 into immediate effect." 55 The motion was __________ agreed to. SYNOPSIS Delivery of services to special needs students during COVID-19 emergency 56 57 58 Section 1 59 During the duration of the Director of Health's order "In 60 Re: Order the Closure of All K-12 Schools in the State of Ohio" 61 issued on March 14, 2020, local board of health order, or 62 extension of any order, or until December 1, 2020, if the order 63 or extension of the order has not been rescinded by that date, 64 permits the holders of licenses issued by the following boards 65 to provide services electronically or via telehealth 66 communication to children who receive services through their 67 resident school districts or under the Autism Scholarship or the 68 Jon Peterson Special Needs Scholarship with no penalty: 69 - The Ohio Speech and Hearing Professionals Board; 70 - The Ohio Occupational Therapy, Physical Therapy, and 71 Athletic Trainers Board; 72 - The State Board of Psychology; 73 - The Counselor, Social Worker, and Marriage and Family 74 Therapist Board; 75 . B. No. g_133_0366-1 - The State Board of Education, with respect to intervention specialists. Page 4 76 77 Emergency Clause 78 Section 2 79 Declares an emergency. 80 g_133_0371-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to extend tax 1 filing and payment deadlines and specify the municipal income tax status 2 of employees' alternative workplaces, and to declare an emergency" 3 After line ______, insert: 4 "Section 1. (A) Notwithstanding section 5703.35 of the 5 Revised Code, the Tax Commissioner may do any of the following 6 during the period of the emergency declared by Executive Order 7 2020-01D, issued on March 9, 2020: 8 (1) Extend to any company, firm, corporation, person, 9 association, partnership, or public utility affected by the 10 emergency a further specified time within which to file any 11 report required by law to be filed with the Commissioner, in 12 which event the attaching of any penalty for failure to file 13 such report or pay any tax or fee shall be extended accordingly, 14 without regard to the forty-five-day limitation of section 15 5703.35 of the Revised Code; 16 (2) Extend to any company, firm, corporation, person, 17 association, partnership, or public utility affected by the 18 emergency a further specified time within which to make any 19 estimated or accelerated payment that would otherwise be due 20 pursuant to Chapter 718., 3734., 3769., 4303., or 4305., or 21 Title LVII of the Revised Code, in which event the attaching of 22 . B. No. g_133_0371-2 Page 2 any penalty for failure to file such report or pay any tax or 23 fee shall be extended accordingly; 24 (3) Waive the payment of interest that is calculated at 25 the rate per annum prescribed by section 5703.47 of the Revised 26 Code and that would otherwise be due pursuant to Chapter 718., 27 3734., 3769., 4303., or 4305., or Title LVII of the Revised Code 28 for any payment extended under division (A)(1) or (2) of this 29 section. 30 (B) If the Tax Commissioner extends for all taxpayers the 31 date for filing state income tax returns under division (A) of 32 this section or division (G) of section 5747.08 of the Revised 33 Code during the period of the emergency declared by Executive 34 Order 2020-01D, issued on March 9, 2020, a taxpayer shall 35 automatically receive an extension for the filing of a municipal 36 net profit tax return under section 718.85 of the Revised Code 37 during that period. The extended due date of the municipal net 38 profit tax return shall be the same as the extended due date of 39 the state income tax return." 40 After line ______, insert: 41 "Section 2. Notwithstanding section 718.011 of the Revised 42 Code, and for the purposes of Chapter 718. of the Revised Code, 43 during the period of the emergency declared by Executive Order 44 2020-01D, issued on March 9, 2020, and for thirty days after the 45 conclusion of that period, any day on which an employee performs 46 personal services at a location, including the employee's home, 47 to which the employee is required to report for employment 48 duties because of the declaration shall be deemed to be a day 49 performing personal services at the employee's principal place 50 of work." 51 After line ______, insert: 52 . B. No. g_133_0371-2 Page 3 "Section 3. This act is hereby declared to be an emergency 53 measure necessary for the immediate preservation of the public 54 peace, health, and safety. The reason for such necessity is to 55 minimize the disruption to tax compliance efforts during the 56 COVID-19 disease outbreak. Therefore, this act shall go into 57 immediate effect." 58 The motion was __________ agreed to. SYNOPSIS 59 Tax compliance mitigation 60 Sections 1, 2, and 3 61 Expressly authorizes the Tax Commissioner to extend state 62 tax filing and payment deadlines for the duration of the 63 Governor's COVID-19 emergency declaration and to waive 64 associated interest and penalties for taxpayers affected by the 65 emergency. Also applies to school district income taxes, 66 municipal income taxes administered by the state, and certain 67 fees administered by the Department of Taxation. 68 Specifies that, for municipal income tax purposes, 69 employees who must report to a temporary worksite (including 70 their home) during the emergency period, or within 30 days 71 thereafter, are considered to be working at their otherwise 72 principal place of work (which, by law, is where the employee 73 reports for work on "a regular and ordinary basis"). This 74 affects which municipal corporation the employer must withhold 75 income taxes for, which municipal corporation may tax the 76 employee's pay, and whether and how much of the employer's own 77 . B. No. g_133_0371-2 Page 4 income is subject to a municipality's income tax. (Under current 78 law, an employee may work in a municipality for up to 20 days 79 per year without the employee becoming subject to that 80 municipality's income tax and the employer becoming subject to 81 that municipality's tax withholding requirements. And, if an 82 employee does not exceed the 20-day threshold, that employee's 83 pay is not counted toward the business's payroll factor, one of 84 three factors--along with property and sales--that determines 85 whether, and the extent to which, an employer's own income is 86 subject to the municipality's tax on net profits. See R.C. 87 718.011, 718.02, and 718.82.) 88 Declares an emergency. 89 g_133_0389-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to allow a public 1 retirement system board to delay a board member election scheduled to take 2 place during the emergency declared by Executive Order 2020-01D, issued on 3 March 9, 2020, and to declare an emergency" 4 After line ______, insert: 5 "Section 1. The Public Employees Retirement Board, State 6 Teachers Retirement Board, School Employees Retirement Board, or 7 State Highway Patrol Retirement Board may delay an election of 8 members to the applicable board that is scheduled to take place 9 during the period of the emergency declared by Executive Order 10 2020-01D, issued on March 9, 2020, but before December 1, 2020, 11 until December 1, 2020. The delayed election shall be conducted 12 as provided for in section 145.058, 3307.075, 3309.075, or 13 5505.047 of the Revised Code. 14 The Ohio Police and Fire Pension Fund Board of Trustees 15 may delay an election of members to the Board that is scheduled 16 to take place during the period of the emergency declared by 17 Executive Order 2020-01D, issued on March 9, 2020, but before 18 December 1, 2020, until December 1, 2020. The delayed election 19 shall be conducted as provided in section 742.04 of the Revised 20 Code, except that the Board shall adjust the dates in that 21 section for nominating petitions to be filed and ballots to be 22 . B. No. g_133_0389-2 Page 2 returned to the Board to reflect the new election date. If a board delays an election in accordance with this 23 24 section, the elected members of the board whose terms were set 25 to expire following the original election date shall continue in 26 office subsequent to the expiration date of the member's term 27 until the member's successor is elected and takes office." 28 After line ______, insert: 29 "Section 2. This act is hereby declared to be an emergency 30 measure necessary for the immediate preservation of the public 31 peace, health, and safety. The reason for such necessity is that 32 immediate action is crucial to protecting the public health 33 during an outbreak of COVID-19. Therefore, this act shall go 34 into immediate effect." 35 The motion was __________ agreed to. SYNOPSIS 36 Delay of public retirement system board elections 37 Sections 1 and 2 38 Allows the Public Employees Retirement Board, Ohio Police 39 and Fire Pension Fund Board of Trustees, State Teachers 40 Retirement Board, School Employees Retirement Board, or State 41 Highway Patrol Retirement Board to delay an election for board 42 members scheduled to take place during the period of the 43 emergency declared by the Governor on March 9, 2020, but before 44 December 1, 2020, until December 1, 2020. 45 Requires the current elected board members whose terms 46 . B. No. g_133_0389-2 Page 3 expire after the original election date to continue in office 47 until the member's successor is elected and takes office. 48 Declares an emergency. 49 g_133_0392-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to allow the 1 Auditor of State to waive certain current law requirements for agreed-upon 2 procedure audits during the period of the emergency declared by Executive 3 Order 2020-01D, issued on March 9, 2020," 4 After line ______, insert: 5 "Section 1. The Auditor of State, on a case-by-case basis, 6 may determine that the requirement under division (D) of section 7 117.114 of the Revised Code to have one audit performed under 8 division (A) of section 117.11 or division (A) of section 117.12 9 of the Revised Code may be waived, if the waiver applies to an 10 audit period during which the emergency declared by Executive 11 Order 2020-01D, issued on March 9, 2020, is or was in effect." 12 After line ______, insert: 13 "Section 2. The Auditor of State, on a case-by-case basis, 14 may determine that a qualifying subdivision that fails to meet 15 any of the criteria established by rule under division (B) of 16 section 117.114 of the Revised Code is otherwise eligible for an 17 agreed-upon procedure audit and may, in writing, grant a waiver 18 of particular criteria, if the waiver applies to an audit period 19 during which the emergency declared by Executive Order 2020-01D, 20 issued on March 9, 2020, is or was in effect." 21 . B. No. g_133_0392-2 Page 2 The motion was __________ agreed to. SYNOPSIS 22 Frequency of agreed-upon procedure audits 23 Sections _______ 24 Specifies that the Auditor of State, for an audit period 25 during which the emergency declared by Executive Order 2020-01D, 26 issued on March 9, 2020, is or was in effect, may waive: 27 - The current law requirement that the Auditor of State 28 conduct a standard financial audit after conducting an agreed- 29 upon procedure audit in two consecutive audit periods; and 30 - All criteria a public office is required to satisfy in 31 order for the Auditor of State to conduct an agreed-upon 32 procedure audit instead of a standard financial audit 33 (currently, the Auditor of State may waive one criterion). 34 g_133_0393-3 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to toll the 1 criminal statutes of limitation, the civil statutes of limitation, the 2 administrative statutes of limitation, and court time limitations and 3 deadlines" 4 After line ______, insert: 5 "Section 1. (A) The following that are set to expire 6 between March 9, 2020, and July 30, 2020, shall be tolled: 7 (1) A statute of limitation, as follows: 8 (a) For any criminal offense, notwithstanding any other 9 provision of law to the contrary, the applicable period of 10 limitation set forth in section 2901.13 of the Revised Code for 11 the criminal offense; 12 (b) When a civil cause of action accrues against a person, 13 notwithstanding any other provision of law to the contrary, the 14 period of limitation for commencement of the action as provided 15 under any section in Chapter 2305. of the Revised Code, or under 16 any other provision of the Revised Code that applies to the 17 cause of action; 18 (c) For any administrative action or proceeding, the 19 period of limitation for the action or proceeding as provided 20 under the Revised Code or the Administrative Code, if 21 . B. No. g_133_0393-3 applicable. (2) The time within which a bill of indictment or an Page 2 22 23 accusation must be returned or the time within which a matter 24 must be brought before a grand jury; 25 (3) The time within which an accused person must be 26 brought to trial or, in the case of a felony, to a preliminary 27 hearing and trial; 28 (4) Time deadlines and other schedule requirements regarding a juvenile, including detaining a juvenile; (5) The time within which a commitment hearing must be held; 29 30 31 32 (6) The time by which a warrant must be issued; 33 (7) The time within which discovery or any aspect of 34 discovery must be completed; 35 (8) The time within which a party must be served; 36 (9) The time within which an appearance regarding a 37 dissolution of marriage must occur pursuant to section 3105.64 38 of the Revised Code; 39 (10) Any other criminal, civil, or administrative time limitation or deadline under the Revised Code. (B) This section applies retroactively to the date of the 40 41 42 emergency declared by Executive Order 2020-01D, issued on March 43 9, 2020. 44 (C) Division (A) of this section expires on the date the period of emergency ends or July 30, 2020, whichever is sooner." 45 46 . B. No. g_133_0393-3 Page 3 The motion was __________ agreed to. SYNOPSIS Tolling of statutes of limitations and time limitations and deadlines 47 48 49 Section 1 50 Requires the criminal statutes of limitations, the civil 51 statutes of limitations, and the administrative statutes of 52 limitations and other court time limitations and deadlines that 53 are set to expire between March 9, 2020, and July 30, 2020, be 54 tolled; specifies that it is retroactive to March 9, 2020; and 55 specifies that it expires on the date the period of emergency 56 ends or July 30, 2020, whichever is sooner. 57 g_133_0421-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert ", to suspend 1 section 317.33 of the Revised Code until August 30, 2020; to require 2 county recorders, county auditors, county map offices, and county title 3 offices to remain open and operational in order to perform all services 4 essential to effectuating a property transfer and in order to allow 5 physical access as necessary to search records and process titles that are 6 not otherwise available online, subject to certain restrictions and 7 requirements, and to declare an emergency" 8 After line ______, insert: 9 "Section 1. Section 317.33 of the Revised Code is 10 suspended until August 30, 2020." 11 After line ______, insert: 12 "Section 2. (A) During the period of the emergency 13 declared by Executive Order 2020-01D, issued on March 9, 2020, 14 and notwithstanding an order or directive from the court of 15 common pleas or the board of county commissioners, the office of 16 a county recorder, the office of a county auditor, the title 17 office of a clerk of court of common pleas, and the county map 18 office shall remain open and operational in order to allow land 19 professionals physical access to the office as necessary to 20 search records that are not otherwise available online, digital, 21 or by some other means, so long as all necessary public land 22 . B. No. g_133_0421-1 Page 2 records are available. The office may provide such access during 23 limited hours and for a limited duration, and may subject 24 searchers to requirements and restrictions in the interest of 25 public health. The office may allow persons other than land 26 professionals physical access to the office at the discretion of 27 the office during such limited hours, for such limited duration, 28 and subject to such requirements and restrictions in the 29 interest of public health as the office determines. All 30 essential services to effectuate a property transfer shall 31 remain open and available with all offices. 32 (B) During the period of the emergency declared by 33 Executive Order 2020-01D, issued on March 9, 2020, and 34 notwithstanding an order or directive from the court of common 35 pleas or the board of county commissioners, the title office of 36 a clerk of court of common pleas shall remain open and 37 operational in order to allow land professionals, automobile, 38 watercraft, outboard motor, all terrain vehicles, and mobile 39 home dealers access to the office as necessary to process titles 40 that are not otherwise available online. The office may provide 41 such access during limited hours and for a limited duration, and 42 may subject nonclerk personnel to requirements and restrictions 43 in the interest of public health. The office may allow persons 44 other than the aforementioned land professionals and dealers 45 physical access to the office at the discretion of the office 46 during such limited hours, for such limited duration, and 47 subject to such requirements and restrictions in the interest of 48 public health as the office determines." 49 After line ______, insert: 50 "Section 3. This act is hereby declared to be an emergency 51 measure necessary for the immediate preservation of the public 52 peace, health, and safety. The reason for such necessity is to 53 . B. No. g_133_0421-1 Page 3 address urgent needs of the state arising from a COVID-19 54 outbreak. Therefore, this act shall go into immediate effect." 55 The motion was __________ agreed to. SYNOPSIS 56 Local offices to remain open 57 Sections 1 and 2 58 Suspends, until August 30, 2020, a provision of law 59 regarding liability of a county recorder for failure to perform 60 certain duties of the office, including the duty to record a 61 document not later than the morning of the day after the 62 document was filed for recording. 63 During the period of the emergency declared by Executive Order 2020-01D, issued on March 9, 2020, does the following: 64 65 Requires the office of a county recorder, the office of a 66 county auditor, the title office of a clerk of court of common 67 pleas, and a county map office to remain open and operational in 68 order to allow land professionals physical access to the office 69 as necessary to search records that are not otherwise available 70 online, digital, or by some other means, so long as all 71 necessary public land records are available. Specifies that all 72 essential services to effectuate a property transfer must remain 73 open and available with all offices. 74 Requires the title office of a clerk of court of common 75 pleas shall remain open and operational in order to allow land 76 professionals, automobile, watercraft, outboard motor, all 77 . B. No. g_133_0421-1 Page 4 terrain vehicles, and mobile home dealers access to the office 78 as necessary to process titles that are not otherwise available 79 online. 80 Specifies that the office may provide such access during 81 limited hours and for a limited duration, and may subject 82 searchers to requirements and restrictions in the interest of 83 public health. 84 Specifies that the office may allow persons other than 85 land professionals physical access to the office at the 86 discretion of the office during such limited hours, for such 87 limited duration, and subject to such requirements and 88 restrictions in the interest of public health as the office 89 determines. 90 These provisions apply notwithstanding an order or 91 directive from the court of common pleas or the board of county 92 commissioners. 93 Declares an emergency. 94 g_133_0441 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "5104.31" 1 In line ______ of the title, after "______" insert "to extend the 2 date by which publicly funded child care providers must be rated through 3 the Step Up to Quality Program and to declare an emergency" 4 After line ______, insert: 5 "Section 1. That section 5104.31 of the Revised Code be 6 amended to read as follows: Sec. 5104.31. (A) Publicly funded child care may be provided only by the following: (1) Any of the following licensed by the department of job 7 8 9 10 and family services pursuant to section 5104.03 of the Revised 11 Code or pursuant to rules adopted under section 5104.018 of the 12 Revised Code: 13 (a) A child day-care center, including a parent cooperative child day-care center; (b) A type A family day-care home, including a parent cooperative type A family day-care home; 14 15 16 17 (c) A licensed type B family day-care home. 18 (2) An in-home aide who has been certified by the county 19 department of job and family services pursuant to section 20 . B. No. g_133_0441 5104.12 of the Revised Code; (3) A child day camp approved pursuant to section 5104.22 of the Revised Code; Page 2 21 22 23 (4) A licensed preschool program; 24 (5) A licensed school child program; 25 (6) A border state child care provider, except that a 26 border state child care provider may provide publicly funded 27 child care only to an individual who resides in an Ohio county 28 that borders the state in which the provider is located. 29 (B) Publicly funded child day-care may be provided in a child's own home only by an in-home aide. (C)(1) Beginning July September 1, 2020, and except as 30 31 32 provided in division (C)(2) of this section, a licensed child 33 care program may provide publicly funded child care only if the 34 program is rated through the step up to quality program 35 established pursuant to section 5104.29 of the Revised Code. 36 (2) A licensed child care program that is any of the 37 following may provide publicly funded child care without being 38 rated through the step up to quality program: 39 (a) A program that operates only during the summer and for not more than fifteen consecutive weeks; 40 41 (b) A program that operates only during school breaks; 42 (c) A program that operates only on weekday evenings, 43 weekends, or both; (d) A program that holds a provisional license issued under section 5104.03 of the Revised Code; (e) A program that had its step up to quality program 44 45 46 47 . B. No. g_133_0441 Page 3 rating removed by the department of job and family services 48 within the previous twelve months; 49 (f) A program that is the subject of a revocation action 50 initiated by the department, but the license has not yet been 51 revoked. 52 Section 2. That existing section 5104.31 of the Revised Code is hereby repealed." 53 54 After line ______, insert: 55 "Section 3. This act is hereby declared to be an emergency 56 measure necessary for the immediate preservation of the public 57 peace, health, and safety. The reason for such necessity is to 58 address urgent needs of the state arising from a COVID-19 59 outbreak. Therefore, this act shall go into immediate effect." 60 The motion was __________ agreed to. SYNOPSIS Step Up To Quality ratings deadline for publicly funded child care providers 61 62 63 R.C. 5104.31 64 Extends to September 1, 2020 (from July 1, 2020) the date 65 by which publicly funded child care providers must be rated 66 through the Step Up to Quality Program. 67 Declares an emergency. 68 g_133_0442-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to allow the Ohio 1 Public Works Commission, the Ohio Water Development Authority, and the 2 Ohio Environmental Protection Agency, during the state of emergency due to 3 COVID-19, but not beyond December 1, 2020, to waive certain penalties and 4 late fees and suspend certain reporting requirements, and to declare an 5 emergency" 6 After line ______, insert: 7 "Section 1. During the period of the emergency declared by 8 Executive Order 2020-01D, issued on March 9, 2020, but not 9 beyond December 1, 2020, all of the following apply: 10 (A) Notwithstanding Chapter 164. of the Revised Code or 11 any other provision of law to the contrary, the Ohio Public 12 Works Commission may automatically extend project schedules. The 13 extension shall be for a duration determined by the Commission. 14 The Commission shall not provide for an extension if federal law 15 does not provide for or allow an extension regarding any 16 particular project. The Commission also may waive penalties and 17 late fees owed to the Commission from the issuance of 18 outstanding loans. 19 (B) Notwithstanding Chapter 6121. or 6123. of the Revised 20 Code or any other provision of law to the contrary, the Ohio 21 Water Development Authority may waive penalties and late fees 22 . B. No. g_133_0442-2 Page 2 owed to the Authority from the issuance of outstanding loans. (C) Notwithstanding Chapter 3734., 3745., or 6119. of the 23 24 Revised Code or any other provision of law to the contrary, the 25 Ohio Environmental Protection Agency may waive penalties or late 26 fees owed to the Agency from the issuance of outstanding loans 27 or permits. The Agency also may suspend reporting requirements 28 for water research recovery facilities or solid waste 29 facilities." 30 After line ______, insert: 31 "Section 2. This act is hereby declared to be an emergency 32 measure necessary for the immediate preservation of the public 33 peace, health, and safety. The reason for such necessity is to 34 address urgent needs of the state arising from a COVID-19 35 outbreak. Therefore, this act goes into immediate effect." 36 The motion was __________ agreed to. SYNOPSIS 37 Waive various government fees and requirements 38 Sections ___ and ____ 39 Allows the following governmental entities, during the 40 period of the emergency declared by Executive Order 2020-01D, 41 issued on March 9, 2020, but not beyond December 1, 2020, to do 42 the following: 43 -- For the Ohio Public Works Commission, to automatically 44 extend project schedules and waive penalties and late fees owed 45 to the Commission from the issuance of outstanding loans; 46 . B. No. g_133_0442-2 Page 3 -- For the Ohio Water Development Authority, to waive 47 penalties and late fees owed to the Authority from the issuance 48 of outstanding loans; and 49 -- For the Ohio Environmental Protection Agency, to waive 50 penalties or late fees owed to the Agency from the issuance of 51 outstanding loans or permits and to suspend reporting 52 requirements for water research recovery facilities or solid 53 waste facilities. 54 Declares an emergency. 55 g_133_0445 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to provide in 1 relation to COVID-19 for the issuance of temporary licenses to practice 2 nursing without the otherwise required licensure examination, and to 3 declare an emergency" 4 After line ______, insert: 5 "Section 1. (A) During the period of the emergency 6 declared by Executive Order 2020-01D, issued on March 9, 2020, 7 the requirement of division (A)(2)(a) of section 4723.09 of the 8 Revised Code is suspended. Accordingly, during such period, the 9 Board of Nursing shall grant to an applicant described in 10 division (A) of section 4723.09 of the Revised Code a temporary 11 license to practice nursing as a registered nurse or as a 12 licensed practical nurse if the conditions of divisions (A)(1) 13 and (A)(2)(b) to (d) of section 4723.09 of the Revised Code have 14 been met. 15 (B) A temporary license issued under this section shall be valid until whichever of the following dates occurs first: 16 17 (1) The date that is ninety days after December 1, 2020; 18 (2) The date that is ninety days after the duration of the 19 period of the emergency described in division (A) of this 20 section." 21 After line ______, insert: 22 . B. No. g_133_0445 Page 2 "Section 2. This act is hereby declared to be an emergency 23 measure necessary for the immediate preservation of the public 24 peace, health, and safety. The reason for such necessity is to 25 address urgent needs of the state arising from a COVID-19 26 outbreak. Therefore, this act shall go into immediate effect." 27 The motion was __________ agreed to. SYNOPSIS 28 Temporary nursing licenses without examination 29 Sections 1 and 2 30 Suspends, for the period of the COVID-19 emergency, the 31 law requiring an applicant for a nursing license to have passed 32 the licensure examination approved by the Board of Nursing. 33 Requires the Board to issue a temporary license to 34 practice as a registered nurse or licensed practical nurse to an 35 applicant if the applicant meets the remaining statutory 36 requirements, including completing a nursing education program 37 and criminal records check. 38 Specifies that a temporary nursing license is valid until 39 whichever of the following occurs first: (1) 90 days after 40 December 1, 2020, or (2) 90 days after the duration of the 41 period of the COVID-19 emergency. 42 Declares an emergency. 43 g_133_0472 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "4723.43, 4729.01, 1 and 4761.17" In line ______ of the title, after "______" insert "4723.433, 4723.434, and 4723.435" In line ______ of the title, after "______" insert "to make changes 2 3 4 5 regarding the practice of certified registered nurse anesthetists, and to 6 declare an emergency" 7 After line ______, insert: 8 "Section 1. That sections 4723.43, 4729.01, and 4761.17 be 9 amended and sections 4723.433, 4723.434, and 4723.435 of the 10 Revised Code be enacted to read as follows: 11 Sec. 4723.43. A certified registered nurse anesthetist, 12 clinical nurse specialist, certified nurse-midwife, or certified 13 nurse practitioner may provide to individuals and groups nursing 14 care that requires knowledge and skill obtained from advanced 15 formal education and clinical experience. In this capacity as an 16 advanced practice registered nurse, a certified nurse-midwife is 17 subject to division (A) of this section, a certified registered 18 nurse anesthetist is subject to division (B) of this section, a 19 certified nurse practitioner is subject to division (C) of this 20 section, and a clinical nurse specialist is subject to division 21 (D) of this section. 22 . B. No. g_133_0472 (A) A nurse authorized to practice as a certified nurse- Page 2 23 midwife, in collaboration with one or more physicians, may 24 provide the management of preventive services and those primary 25 care services necessary to provide health care to women 26 antepartally, intrapartally, postpartally, and gynecologically, 27 consistent with the nurse's education and certification, and in 28 accordance with rules adopted by the board of nursing. 29 No certified nurse-midwife may perform version, deliver 30 breech or face presentation, use forceps, do any obstetric 31 operation, or treat any other abnormal condition, except in 32 emergencies. Division (A) of this section does not prohibit a 33 certified nurse-midwife from performing episiotomies or normal 34 vaginal deliveries, or repairing vaginal tears. A certified 35 nurse-midwife may, in collaboration with one or more physicians, 36 prescribe drugs and therapeutic devices in accordance with 37 section 4723.481 of the Revised Code. 38 (B) A nurse authorized to practice as a certified 39 registered nurse anesthetist, with the supervision and in the 40 immediate presence of a physician, podiatrist, or dentist, may 41 administer anesthesia and perform anesthesia induction, 42 maintenance, and emergence, and may perform with supervision 43 preanesthetic preparation and evaluation, postanesthesia care, 44 and clinical support functions, consistent with the nurse's 45 education and certification, and in accordance with rules 46 adopted by the board, may do the following: 47 (1) With supervision and in the immediate presence of a 48 physician, podiatrist, or dentist, administer anesthesia and 49 perform anesthesia induction, maintenance, and emergence; 50 (2) With supervision, obtain informed consent for anesthesia care and perform preanesthetic preparation and 51 52 . B. No. g_133_0472 Page 3 evaluation, postanesthetic preparation and evaluation, 53 postanesthesia care, and, subject to section 4723.433 of the 54 Revised Code, clinical support functions; 55 (3) With supervision and in accordance with section 56 4723.434 of the Revised Code, engage in the activities described 57 in division (A) of that section. 58 The physician, podiatrist, or dentist supervising a 59 certified registered nurse anesthetist must be actively engaged 60 in practice in this state. When a certified registered nurse 61 anesthetist is supervised by a podiatrist, the nurse's scope of 62 practice is limited to the anesthesia procedures that the 63 podiatrist has the authority under section 4731.51 of the 64 Revised Code to perform. A certified registered nurse 65 anesthetist may not administer general anesthesia under the 66 supervision of a podiatrist in a podiatrist's office. When a 67 certified registered nurse anesthetist is supervised by a 68 dentist, the nurse's scope of practice is limited to the 69 anesthesia procedures that the dentist has the authority under 70 Chapter 4715. of the Revised Code to perform. 71 (C) A nurse authorized to practice as a certified nurse 72 practitioner, in collaboration with one or more physicians or 73 podiatrists, may provide preventive and primary care services, 74 provide services for acute illnesses, and evaluate and promote 75 patient wellness within the nurse's nursing specialty, 76 consistent with the nurse's education and certification, and in 77 accordance with rules adopted by the board. A certified nurse 78 practitioner may, in collaboration with one or more physicians 79 or podiatrists, prescribe drugs and therapeutic devices in 80 accordance with section 4723.481 of the Revised Code. 81 When a certified nurse practitioner is collaborating with 82 . B. No. g_133_0472 Page 4 a podiatrist, the nurse's scope of practice is limited to the 83 procedures that the podiatrist has the authority under section 84 4731.51 of the Revised Code to perform. 85 (D) A nurse authorized to practice as a clinical nurse 86 specialist, in collaboration with one or more physicians or 87 podiatrists, may provide and manage the care of individuals and 88 groups with complex health problems and provide health care 89 services that promote, improve, and manage health care within 90 the nurse's nursing specialty, consistent with the nurse's 91 education and in accordance with rules adopted by the board. A 92 clinical nurse specialist may, in collaboration with one or more 93 physicians or podiatrists, prescribe drugs and therapeutic 94 devices in accordance with section 4723.481 of the Revised Code. 95 When a clinical nurse specialist is collaborating with a 96 podiatrist, the nurse's scope of practice is limited to the 97 procedures that the podiatrist has the authority under section 98 4731.51 of the Revised Code to perform. 99 Sec. 4723.433. When performing clinical support functions 100 as authorized by section 4723.43 of the Revised Code, a 101 certified registered nurse anesthetist may direct a registered 102 nurse, licensed practical nurse, or respiratory therapist to 103 provide supportive care, including monitoring vital signs, 104 conducting electrocardiograms, and administering intravenous 105 fluids, if the nurse or therapist is authorized by law to 106 provide such care. 107 In addition, the certified registered nurse anesthetist 108 may direct the nurse or therapist to administer treatments, 109 drugs, and intravenous fluids to treat conditions related to the 110 administration of anesthesia if the nurse or therapist is 111 authorized by law to administer treatments, drugs, and 112 . B. No. g_133_0472 Page 5 intravenous fluids and a physician, podiatrist, or dentist 113 ordered the treatments, drugs, and intravenous fluids. 114 Sec. 4723.434. (A) During the time period that begins on a 115 patient's admission for a surgery or procedure to a health care 116 facility where the certified registered nurse anesthetist 117 practices and ends with the patient's discharge from recovery, 118 the nurse may engage in one or more of the following activities: 119 (1) Performing and documenting evaluations and 120 assessments, which may include ordering and evaluating one or 121 more diagnostic tests for conditions related to the 122 administration of anesthesia; 123 (2) As necessary for patient management and care, 124 selecting, ordering, and administering treatments, drugs, and 125 intravenous fluids for conditions related to the administration 126 of anesthesia; 127 (3) As necessary for patient management and care, 128 directing registered nurses, licensed practical nurses, and 129 respiratory therapists to perform either or both of the 130 following activities if authorized by law to perform such 131 activities: 132 (a) Providing supportive care, including monitoring vital 133 signs, conducting electrocardiograms, and administering 134 intravenous fluids; 135 (b) Administering treatments, drugs, and intravenous 136 fluids to treat conditions related to the administration of 137 anesthesia. 138 (B)(1) A certified registered nurse anesthetist may not 139 engage in one or more of the activities described in division 140 (A) of this section unless all of the following apply: 141 . B. No. g_133_0472 (a) The nurse is physically present at the health care facility when performing the activities. Page 6 142 143 (b) The nurse's supervising physician, podiatrist, or 144 dentist is physically present at the health care facility where 145 the nurse is performing the activities. 146 (c) The health care facility where the nurse practices has 147 adopted a written policy developed by the facility's medical, 148 nursing, and pharmacy directors that meets the requirements of 149 section 4723.435 of the Revised Code. 150 (2) A certified registered nurse anesthetist shall not 151 engage in one or more of the activities described in division 152 (A) of this section if the supervising physician, podiatrist, or 153 dentist or the health care facility where the nurse practices 154 determines that it is not in a patient's best interest for the 155 nurse to perform such an activity or activities. If a 156 supervising physician, podiatrist, or dentist or facility makes 157 such a determination, the patient's medical or electronic health 158 record shall indicate that the nurse is prohibited from 159 performing the activity or activities. 160 (3) If a certified registered nurse anesthetist performs 161 one or more of the activities described in division (A) of this 162 section, the nurse shall so indicate in the patient's medical or 163 electronic health record. 164 (C)(1) This section does not authorize a certified 165 registered nurse anesthetist to prescribe a drug for use outside 166 of the health care facility where the nurse practices. 167 (2) This section does not prohibit a certified registered 168 nurse from implementing a verbal order of a supervising 169 physician, podiatrist, or dentist. 170 . B. No. g_133_0472 Sec. 4723.435. (A) A written policy adopted by a health Page 7 171 care facility as described in section 4723.434 of the Revised 172 Code shall establish standards and procedures to be followed by 173 certified registered nurse anesthetists when performing one or 174 more of the following activities in the health care facility: 175 (1) Selecting, ordering, and administering treatments, drugs, and intravenous fluids; 176 177 (2) Ordering diagnostic tests and evaluating those tests; 178 (3) Directing registered nurses, licensed practical 179 nurses, and respiratory therapists to perform activities as 180 described in division (A)(3) of section 4723.434 of the Revised 181 Code. 182 (B) In adopting a policy, both of the following apply: 183 (1) The health care facility shall not authorize a 184 certified registered nurse anesthetist to select, order, or 185 administer any drug that a supervising physician, podiatrist, or 186 dentist is not authorized to prescribe. 187 (2) The health care facility shall allow a supervising 188 physician, podiatrist, or dentist to issue every order related 189 to a patient's anesthesia care. 190 Sec. 4729.01. As used in this chapter: 191 (A) "Pharmacy," except when used in a context that refers 192 to the practice of pharmacy, means any area, room, rooms, place 193 of business, department, or portion of any of the foregoing 194 where the practice of pharmacy is conducted. 195 (B) "Practice of pharmacy" means providing pharmacist care 196 requiring specialized knowledge, judgment, and skill derived 197 from the principles of biological, chemical, behavioral, social, 198 . B. No. g_133_0472 Page 8 pharmaceutical, and clinical sciences. As used in this division, 199 "pharmacist care" includes the following: 200 (1) Interpreting prescriptions; 201 (2) Dispensing drugs and drug therapy related devices; 202 (3) Compounding drugs; 203 (4) Counseling individuals with regard to their drug 204 therapy, recommending drug therapy related devices, and 205 assisting in the selection of drugs and appliances for treatment 206 of common diseases and injuries and providing instruction in the 207 proper use of the drugs and appliances; 208 (5) Performing drug regimen reviews with individuals by 209 discussing all of the drugs that the individual is taking and 210 explaining the interactions of the drugs; 211 (6) Performing drug utilization reviews with licensed 212 health professionals authorized to prescribe drugs when the 213 pharmacist determines that an individual with a prescription has 214 a drug regimen that warrants additional discussion with the 215 prescriber; 216 (7) Advising an individual and the health care 217 professionals treating an individual with regard to the 218 individual's drug therapy; 219 (8) Acting pursuant to a consult agreement with one or 220 more physicians authorized under Chapter 4731. of the Revised 221 Code to practice medicine and surgery or osteopathic medicine 222 and surgery, if an agreement has been established; 223 (9) Engaging in the administration of immunizations to the extent authorized by section 4729.41 of the Revised Code; 224 225 . B. No. g_133_0472 (10) Engaging in the administration of drugs to the extent authorized by section 4729.45 of the Revised Code. (C) "Compounding" means the preparation, mixing, Page 9 226 227 228 assembling, packaging, and labeling of one or more drugs in any 229 of the following circumstances: 230 (1) Pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs; (2) Pursuant to the modification of a prescription made in accordance with a consult agreement; (3) As an incident to research, teaching activities, or chemical analysis; 231 232 233 234 235 236 (4) In anticipation of orders for drugs pursuant to 237 prescriptions, based on routine, regularly observed dispensing 238 patterns; 239 (5) Pursuant to a request made by a licensed health 240 professional authorized to prescribe drugs for a drug that is to 241 be used by the professional for the purpose of direct 242 administration to patients in the course of the professional's 243 practice, if all of the following apply: 244 (a) At the time the request is made, the drug is not 245 commercially available regardless of the reason that the drug is 246 not available, including the absence of a manufacturer for the 247 drug or the lack of a readily available supply of the drug from 248 a manufacturer. 249 (b) A limited quantity of the drug is compounded and provided to the professional. (c) The drug is compounded and provided to the professional as an occasional exception to the normal practice 250 251 252 253 . B. No. g_133_0472 of dispensing drugs pursuant to patient-specific prescriptions. (D) "Consult agreement" means an agreement that has been entered into under section 4729.39 of the Revised Code. Page 10 254 255 256 (E) "Drug" means: 257 (1) Any article recognized in the United States 258 pharmacopoeia and national formulary, or any supplement to them, 259 intended for use in the diagnosis, cure, mitigation, treatment, 260 or prevention of disease in humans or animals; 261 (2) Any other article intended for use in the diagnosis, 262 cure, mitigation, treatment, or prevention of disease in humans 263 or animals; 264 (3) Any article, other than food, intended to affect the 265 structure or any function of the body of humans or animals; 266 (4) Any article intended for use as a component of any 267 article specified in division (E)(1), (2), or (3) of this 268 section; but does not include devices or their components, 269 parts, or accessories. 270 "Drug" does not include "hemp" or a "hemp product" as those terms are defined in section 928.01 of the Revised Code. 271 272 (F) "Dangerous drug" means any of the following: 273 (1) Any drug to which either of the following applies: 274 (a) Under the "Federal Food, Drug, and Cosmetic Act," 52 275 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 276 required to bear a label containing the legend "Caution: Federal 277 law prohibits dispensing without prescription" or "Caution: 278 Federal law restricts this drug to use by or on the order of a 279 licensed veterinarian" or any similar restrictive statement, or 280 . B. No. g_133_0472 the drug may be dispensed only upon a prescription; (b) Under Chapter 3715. or 3719. of the Revised Code, the drug may be dispensed only upon a prescription. (2) Any drug that contains a schedule V controlled Page 11 281 282 283 284 substance and that is exempt from Chapter 3719. of the Revised 285 Code or to which that chapter does not apply; 286 (3) Any drug intended for administration by injection into 287 the human body other than through a natural orifice of the human 288 body; 289 (4) Any drug that is a biological product, as defined in section 3715.01 of the Revised Code. (G) "Federal drug abuse control laws" has the same meaning as in section 3719.01 of the Revised Code. 290 291 292 293 (H) "Prescription" means all of the following: 294 (1) A written, electronic, or oral order for drugs or 295 combinations or mixtures of drugs to be used by a particular 296 individual or for treating a particular animal, issued by a 297 licensed health professional authorized to prescribe drugs; 298 (2) For purposes of sections 2925.61, 4723.488, 4730.431, 299 and 4731.94 of the Revised Code, a written, electronic, or oral 300 order for naloxone issued to and in the name of a family member, 301 friend, or other individual in a position to assist an 302 individual who there is reason to believe is at risk of 303 experiencing an opioid-related overdose. 304 (3) For purposes of section 4729.44 of the Revised Code, a 305 written, electronic, or oral order for naloxone issued to and in 306 the name of either of the following: 307 . B. No. g_133_0472 (a) An individual who there is reason to believe is at risk of experiencing an opioid-related overdose; Page 12 308 309 (b) A family member, friend, or other individual in a 310 position to assist an individual who there is reason to believe 311 is at risk of experiencing an opioid-related overdose. 312 (4) For purposes of sections 4723.4810, 4729.282, 313 4730.432, and 4731.93 of the Revised Code, a written, 314 electronic, or oral order for a drug to treat chlamydia, 315 gonorrhea, or trichomoniasis issued to and in the name of a 316 patient who is not the intended user of the drug but is the 317 sexual partner of the intended user; 318 (5) For purposes of sections 3313.7110, 3313.7111, 319 3314.143, 3326.28, 3328.29, 4723.483, 4729.88, 4730.433, 320 4731.96, and 5101.76 of the Revised Code, a written, electronic, 321 or oral order for an epinephrine autoinjector issued to and in 322 the name of a school, school district, or camp; 323 (6) For purposes of Chapter 3728. and sections 4723.483, 324 4729.88, 4730.433, and 4731.96 of the Revised Code, a written, 325 electronic, or oral order for an epinephrine autoinjector issued 326 to and in the name of a qualified entity, as defined in section 327 3728.01 of the Revised Code. 328 (I) "Licensed health professional authorized to prescribe 329 drugs" or "prescriber" means an individual who is authorized by 330 law to prescribe drugs or dangerous drugs or drug therapy 331 related devices in the course of the individual's professional 332 practice, including only the following: 333 (1) A dentist licensed under Chapter 4715. of the Revised Code; 334 335 (2) A clinical nurse specialist, certified nurse-midwife, 336 . B. No. g_133_0472 Page 13 or certified nurse practitioner who holds a current, valid 337 license issued under Chapter 4723. of the Revised Code to 338 practice nursing as an advanced practice registered nurse issued 339 under Chapter 4723. of the Revised Code; 340 (3) A certified registered nurse anesthetist who holds a 341 current, valid license issued under Chapter 4723. of the Revised 342 Code to practice nursing as an advanced practice registered 343 nurse, but only to the extent of the nurse's authority under 344 sections 4723.43 and 4723.434 the Revised Code; 345 (4) An optometrist licensed under Chapter 4725. of the 346 Revised Code to practice optometry under a therapeutic 347 pharmaceutical agents certificate; 348 (4) (5) A physician authorized under Chapter 4731. of the 349 Revised Code to practice medicine and surgery, osteopathic 350 medicine and surgery, or podiatric medicine and surgery; 351 (5) (6) A physician assistant who holds a license to 352 practice as a physician assistant issued under Chapter 4730. of 353 the Revised Code, holds a valid prescriber number issued by the 354 state medical board, and has been granted physician-delegated 355 prescriptive authority; 356 (6) (7) A veterinarian licensed under Chapter 4741. of the Revised Code. (J) "Sale" or "sell" includes any transaction made by any 357 358 359 person, whether as principal proprietor, agent, or employee, to 360 do or offer to do any of the following: deliver, distribute, 361 broker, exchange, gift or otherwise give away, or transfer, 362 whether the transfer is by passage of title, physical movement, 363 or both. 364 (K) "Wholesale sale" and "sale at wholesale" mean any sale 365 . B. No. g_133_0472 Page 14 in which the purpose of the purchaser is to resell the article 366 purchased or received by the purchaser. 367 (L) "Retail sale" and "sale at retail" mean any sale other than a wholesale sale or sale at wholesale. 368 369 (M) "Retail seller" means any person that sells any 370 dangerous drug to consumers without assuming control over and 371 responsibility for its administration. Mere advice or 372 instructions regarding administration do not constitute control 373 or establish responsibility. 374 (N) "Price information" means the price charged for a 375 prescription for a particular drug product and, in an easily 376 understandable manner, all of the following: 377 (1) The proprietary name of the drug product; 378 (2) The established (generic) name of the drug product; 379 (3) The strength of the drug product if the product 380 contains a single active ingredient or if the drug product 381 contains more than one active ingredient and a relevant strength 382 can be associated with the product without indicating each 383 active ingredient. The established name and quantity of each 384 active ingredient are required if such a relevant strength 385 cannot be so associated with a drug product containing more than 386 one ingredient. 387 (4) The dosage form; 388 (5) The price charged for a specific quantity of the drug 389 product. The stated price shall include all charges to the 390 consumer, including, but not limited to, the cost of the drug 391 product, professional fees, handling fees, if any, and a 392 statement identifying professional services routinely furnished 393 . B. No. g_133_0472 Page 15 by the pharmacy. Any mailing fees and delivery fees may be 394 stated separately without repetition. The information shall not 395 be false or misleading. 396 (O) "Wholesale distributor of dangerous drugs" or 397 "wholesale distributor" means a person engaged in the sale of 398 dangerous drugs at wholesale and includes any agent or employee 399 of such a person authorized by the person to engage in the sale 400 of dangerous drugs at wholesale. 401 (P) "Manufacturer of dangerous drugs" or "manufacturer" 402 means a person, other than a pharmacist or prescriber, who 403 manufactures dangerous drugs and who is engaged in the sale of 404 those dangerous drugs. 405 (Q) "Terminal distributor of dangerous drugs" or "terminal 406 distributor" means a person who is engaged in the sale of 407 dangerous drugs at retail, or any person, other than a 408 manufacturer, repackager, outsourcing facility, third-party 409 logistics provider, wholesale distributor, or pharmacist, who 410 has possession, custody, or control of dangerous drugs for any 411 purpose other than for that person's own use and consumption. 412 "Terminal distributor" includes pharmacies, hospitals, nursing 413 homes, and laboratories and all other persons who procure 414 dangerous drugs for sale or other distribution by or under the 415 supervision of a pharmacist, licensed health professional 416 authorized to prescribe drugs, or other person authorized by the 417 state board of pharmacy. 418 (R) "Promote to the public" means disseminating a 419 representation to the public in any manner or by any means, 420 other than by labeling, for the purpose of inducing, or that is 421 likely to induce, directly or indirectly, the purchase of a 422 dangerous drug at retail. 423 . B. No. g_133_0472 (S) "Person" includes any individual, partnership, Page 16 424 association, limited liability company, or corporation, the 425 state, any political subdivision of the state, and any district, 426 department, or agency of the state or its political 427 subdivisions. 428 (T) "Animal shelter" means a facility operated by a humane 429 society or any society organized under Chapter 1717. of the 430 Revised Code or a dog pound operated pursuant to Chapter 955. of 431 the Revised Code. 432 (U) "Food" has the same meaning as in section 3715.01 of the Revised Code. (V) "Pain management clinic" has the same meaning as in section 4731.054 of the Revised Code. 433 434 435 436 (W) "Investigational drug or product" means a drug or 437 product that has successfully completed phase one of the United 438 States food and drug administration clinical trials and remains 439 under clinical trial, but has not been approved for general use 440 by the United States food and drug administration. 441 "Investigational drug or product" does not include controlled 442 substances in schedule I, as defined in section 3719.01 of the 443 Revised Code. 444 (X) "Product," when used in reference to an 445 investigational drug or product, means a biological product, 446 other than a drug, that is made from a natural human, animal, or 447 microorganism source and is intended to treat a disease or 448 medical condition. 449 (Y) "Third-party logistics provider" means a person that 450 provides or coordinates warehousing or other logistics services 451 pertaining to dangerous drugs including distribution, on behalf 452 . B. No. g_133_0472 Page 17 of a manufacturer, wholesale distributor, or terminal 453 distributor of dangerous drugs, but does not take ownership of 454 the drugs or have responsibility to direct the sale or 455 disposition of the drugs. 456 (Z) "Repackager of dangerous drugs" or "repackager" means 457 a person that repacks and relabels dangerous drugs for sale or 458 distribution. 459 (AA) "Outsourcing facility" means a facility that is 460 engaged in the compounding and sale of sterile drugs and is 461 registered as an outsourcing facility with the United States 462 food and drug administration. 463 (BB) "Laboratory" means a laboratory licensed under this 464 chapter as a terminal distributor of dangerous drugs and 465 entrusted to have custody of any of the following drugs and to 466 use the drugs for scientific and clinical purposes and for 467 purposes of instruction: dangerous drugs that are not controlled 468 substances, as defined in section 3719.01 of the Revised Code; 469 dangerous drugs that are controlled substances, as defined in 470 that section; and controlled substances in schedule I, as 471 defined in that section. 472 Sec. 4761.17. All of the following apply to the practice 473 of respiratory care by a person who holds a license or limited 474 permit issued under this chapter: 475 (A) The person shall practice only pursuant to a 476 prescription or other order for respiratory care issued by any 477 of the following: 478 (1) A physician; 479 (2) A clinical nurse specialist, certified nurse-midwife, 480 or certified nurse practitioner who holds a current, valid 481 . B. No. g_133_0472 Page 18 license issued under Chapter 4723. of the Revised Code to 482 practice nursing as an advanced practice registered nurse and 483 has entered into a standard care arrangement with a physician; 484 (3) A certified registered nurse anesthetist who holds a 485 current, valid license issued under Chapter 4723. of the Revised 486 Code to practice nursing as an advanced practice registered 487 nurse and acts in compliance with sections 4723.43, 4723.433, 488 and 4723.434 of the Revised Code; 489 (4) A physician assistant who holds a valid prescriber 490 number issued by the state medical board, has been granted 491 physician-delegated prescriptive authority, and has entered into 492 a supervision agreement that allows the physician assistant to 493 prescribe or order respiratory care services. 494 (B) The person shall practice only under the supervision of any of the following: 495 496 (1) A physician; 497 (2) A certified nurse practitioner, certified nurse- 498 midwife, or clinical nurse specialist; (3) A physician assistant who is authorized to prescribe 499 500 or order respiratory care services as provided in division (A) 501 (3) (A)(4) of this section. 502 (C)(1) When practicing under the prescription or order of 503 a certified nurse practitioner, certified nurse midwife, or 504 clinical nurse specialist or under the supervision of such a 505 nurse, the person's administration of medication that requires a 506 prescription is limited to the drugs that the nurse is 507 authorized to prescribe pursuant to section 4723.481 of the 508 Revised Code. 509 . B. No. g_133_0472 Page 19 (2) When practicing under the order of a certified 510 registered nurse anesthetist, the person's administration of 511 medication is limited to the drugs that the nurse is authorized 512 to order or direct the person to administer, as provided in 513 sections 4723.43, 4723.433, and 4723.434 of the Revised Code. 514 (3) When practicing under the prescription or order of a 515 physician assistant or under the supervision of a physician 516 assistant, the person's administration of medication that 517 requires a prescription is limited to the drugs that the 518 physician assistant is authorized to prescribe pursuant to the 519 physician assistant's physician-delegated prescriptive 520 authority. 521 Section 2. That existing sections 4723.43, 4729.01, and 4761.17 of the Revised Code are hereby repealed." 522 523 After line ______, insert: 524 "Section 3. This act is hereby declared to be an emergency 525 measure necessary for the immediate preservation of the public 526 peace, health, and safety. The reason for such necessity is to 527 address urgent needs of the state arising from a COVID-19 528 outbreak. Therefore, this act shall go into immediate effect." 529 The motion was __________ agreed to. SYNOPSIS 530 Certified registered nurse anesthetists 531 R.C. 4723.43, 4723.433, 4723.434, 4723.435, 4729.01, 532 4761.17; Section 3 533 . B. No. g_133_0472 Grants a certified registered nurse anesthetist (CRNA) Page 20 534 authority to select, order, and administer drugs, treatments, 535 and intravenous fluids for conditions related to the 536 administration of anesthesia, but only during specified time 537 periods and in accordance with a health care facility's required 538 policy. 539 Permits a CRNA – under certain circumstances – to direct 540 nurses and respiratory therapists to perform specified tasks, 541 including administering drugs. 542 Authorizes a CRNA to perform additional activities or services, including ordering and evaluating diagnostic tests. Allows a supervising practitioner or health care facility 543 544 545 to prohibit a CRNA from performing an activity or service 546 authorized by the amendment if the supervising practitioner or 547 facility determines that it is not in a patient's best interest 548 for the CRNA to do so. 549 Declares an emergency. 550 g_133_0474-1 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to extend absent 1 voting by mail for the March 17, 2020, primary election to April 28, 2020, 2 to make an appropriation," 3 After line ______, insert: 4 "Section 1. Notwithstanding any contrary provision of the 5 Revised Code: (A) Secretary of State Directive 2020-06, issued on March 16, 2020, is void. (B) During the period beginning on the effective date of 6 7 8 9 this section and ending at 7:30 p.m. on April 28, 2020, no board 10 of elections, and no election official, shall do any of the 11 following: 12 (1) Count any ballots cast in the March 17, 2020, primary 13 election, or in any special election held on the day of the 14 primary election; 15 (2) Release the count or any portion of the count of any 16 ballots cast in the March 17, 2020, primary election, or in any 17 special election held on the day of the primary election; 18 (3) Process any voter registration application submitted after February 18, 2020. 19 20 . B. No. g_133_0474-1 (C)(1)(a) An elector who has not already cast a ballot in Page 2 21 the March 17, 2020, primary election, or in any special election 22 held on the day of the primary election, and who was registered 23 to vote in this state as of February 18, 2020, may vote in that 24 election in accordance with this section. 25 (b) An elector who was registered to vote in this state as 26 of February 18, 2020, and who cast a ballot at any time before 27 the effective date of this section in the March 17, 2020, 28 primary election, or in any special election held on the day of 29 the primary election, shall have the elector's ballot counted if 30 it is received at the office of the board not later than the 31 applicable deadline specified in division (E) of this section 32 and is otherwise eligible to be counted. 33 (2) As soon as possible after the effective date of this 34 section, the Secretary of State shall send a postcard to each 35 registered elector in this state, notifying the elector of the 36 methods by which the elector may obtain an application for 37 absent voter's ballots, the procedures and deadlines to apply 38 for absent voter's ballots under this section, and the 39 procedures and deadline to return voted ballots to the office of 40 the board of elections under this section. 41 (3) An elector described in division (C)(1)(a) of this 42 section may apply by mail to the appropriate board of elections 43 for absent voter's ballots. If the elector is eligible to cast 44 absent voter's ballots with the assistance of election officials 45 under section 3509.08 of the Revised Code, the elector may 46 include with the elector's application a request that the board 47 of elections assist the elector in casting the elector's ballots 48 in accordance with section 3509.08 of the Revised Code. All 49 applications submitted under this division shall be received at 50 . B. No. g_133_0474-1 Page 3 the office of the board not later than noon on April 25, 2020, 51 except that an application submitted by an elector described in 52 division (C)(1)(a) of this section who would be eligible to 53 apply for absent voter's ballots not later than 3:00 p.m. on the 54 day of an election under section 3509.08 of the Revised Code 55 shall be received at the office of the board not later than 3:00 56 p.m. on April 28, 2020. Any application received after the 57 applicable deadline shall be invalid. 58 (4) At the end of each day, the board of elections shall 59 compile and transmit to the Secretary of State a list of all 60 applications the board received that day, provided that the list 61 shall exclude all information that is not considered a public 62 record under the laws of this state. The Secretary of State 63 shall make the list available to the public upon request. 64 (5)(a) If a board of elections receives an application 65 under this section that does not contain all of the required 66 information, the board promptly shall notify the applicant of 67 the additional information required to be provided by the 68 applicant to complete that application. In order for the 69 application to be valid, the applicant shall provide that 70 additional information to the board not later than the 71 applicable deadline under division (C)(3) of this section. 72 (b) An application submitted under this section shall not 73 be considered invalid solely on the basis that the applicant 74 indicated a date other than March 17, 2020, as the date of the 75 2020 primary election or of any special election held on the day 76 of the election. 77 (6) If the board of elections determines that an 78 application submitted under this section is valid, the board 79 promptly shall deliver absent voter's ballots to the elector. 80 . B. No. g_133_0474-1 Page 4 The board shall deliver those ballots by mail, except as 81 otherwise provided in division (D) of this section and except in 82 the case of an elector whom the board assists in casting the 83 elector's ballots in accordance with section 3509.08 of the 84 Revised Code. When the board delivers those ballots by mail, it 85 shall prepay the return postage for the ballots. 86 (7) If the board of elections determines that an 87 application submitted under this section is not valid because 88 the applicant is an elector who has moved or had a change of 89 name without updating the elector's registration, as described 90 in section 3503.16 of the Revised Code, or for any other reason, 91 the board promptly shall deliver a provisional ballot to the 92 applicant. The board shall deliver the ballot by mail, except as 93 otherwise provided in division (D) of this section and except in 94 the case of an elector whom the board assists in casting the 95 elector's ballot in accordance with section 3509.08 of the 96 Revised Code. When the board delivers the ballot by mail, it 97 shall prepay the return postage for the ballot. The board shall 98 include all of the following with the provisional ballot: 99 (a) The reason the applicant has received a provisional ballot instead of absent voter's ballots; (b) Instructions for the applicant to complete the 100 101 102 provisional ballot affirmation, including an option to submit a 103 copy of a form of identification described in section 3505.182 104 of the Revised Code; 105 (c) Instructions for the applicant to return the 106 provisional ballot in the same manner as absent voter's ballots 107 and a return envelope in which the applicant may return the 108 provisional ballot; 109 . B. No. g_133_0474-1 (d) Instructions for the applicant to ascertain the status Page 5 110 of the applicant's provisional ballot, as described in section 111 3505.181 of the Revised Code. 112 (D)(1) Only the following electors may apply for and cast 113 absent voter's ballots in person at the office of the board of 114 elections on April 28, 2020, not later than 7:30 p.m., instead 115 of applying to receive those ballots by mail: 116 (a) An elector to whom division (C)(1)(a) of this section 117 applies, who has a disability, and who wishes to cast absent 118 voter's ballots using a direct recording electronic voting 119 machine or marking device that is accessible for voters with 120 disabilities, including nonvisual accessibility for the blind 121 and visually impaired, in a manner that provides the same 122 opportunity for access and participation, including privacy and 123 independence, as for other voters. Each board shall have at 124 least one such machine or device available for use at the office 125 of the board. 126 (b) An elector to whom division (C)(1)(a) of this section 127 applies and who is unable to receive mail at the place where the 128 elector resides or at another location. 129 (2) All eligible electors waiting in line to cast ballots 130 in person under division (D) of this section as of 7:30 p.m. on 131 April 28, 2020, shall be permitted to cast absent voter's 132 ballots. 133 (E)(1) Absent voter's ballots and provisional ballots cast 134 at any time before or after the effective date of this section 135 by electors who were registered to vote in this state as of 136 February 18, 2020, for the March 17, 2020, primary election, or 137 for any special election held on the day of the primary 138 . B. No. g_133_0474-1 Page 6 election, shall be eligible to be counted if they are received 139 at the office of the appropriate board of elections not later 140 than 7:30 p.m. on April 28, 2020. The board shall place a secure 141 receptacle outside the office of the board for the return of 142 ballots under this section. Except as otherwise provided in 143 divisions (F)(2) and (3) of this section, ballots received after 144 7:30 p.m. on April 28, 2020, shall not be counted. 145 (2) Ballots received by mail at the office of the board 146 after 7:30 p.m. on April 28, 2020, and not later than May 8, 147 2020, are eligible to be counted if they are postmarked on or 148 before April 27, 2020, and are not postmarked using a postage 149 evidencing system, including a postage meter, as defined in 39 150 C.F.R. 501.1. 151 (3) Ballots cast by uniformed services and overseas absent 152 voters that are received by mail at the office of the board 153 after 7:30 p.m. on April 28, 2020, and not later than May 8, 154 2020, are eligible to be counted if they were submitted for 155 mailing not later than 12:01 a.m. at the place where the voter 156 completed the ballots on April 28, 2020, regardless of whether 157 the ballots are postmarked. 158 (F)(1) If the election officials find that the 159 identification envelope statement of voter containing absent 160 voter's ballots for the March 17, 2020, primary election, or for 161 any special election held on the day of the primary election, is 162 incomplete or that the information contained in that statement 163 does not conform to the information contained in the Statewide 164 Voter Registration Database concerning the voter, as described 165 in section 3509.06 of the Revised Code, the voter shall provide 166 the necessary information to the board of elections in 167 accordance with that section not later than May 5, 2020. 168 . B. No. g_133_0474-1 Page 7 (2) An individual who casts a provisional ballot under 169 this section and who is required under sections 3505.181 to 170 3505.183 of the Revised Code to provide identification or 171 additional information to the board of elections shall provide 172 the necessary identification or information to the board in 173 accordance with those sections not later than May 5, 2020. 174 (G) The boards of elections and the Secretary of State 175 shall complete the unofficial count, the canvass of the election 176 returns, and all other post-election procedures with respect to 177 the March 17, 2020, primary election, and any special election 178 held on the day of the primary election, on the dates provided 179 in the Revised Code, except that each deadline shall be 180 calculated by adding 42 days. 181 (H) For the purpose of the contribution limits described 182 in section 3517.102 of the Revised Code, the date of the 2020 183 primary election is March 17, 2020. However, the statements of 184 contributions and expenditures required to be filed under 185 division (A)(2) of section 3517.10 of the Revised Code after the 186 primary election shall be filed not later than 4:00 p.m. on June 187 5, 2020. 188 (I) In implementing this act, the Secretary of State shall 189 proceed as though the Department of Administrative Services has 190 suspended, under section 125.061 of the Revised Code, the 191 purchasing and contracting requirements contained in Chapter 192 125. of the Revised Code that otherwise would apply to the 193 Secretary of State. The Secretary of State shall comply with 194 division (E) of that section." 195 After line ______, insert: 196 "Section 2. All items in this section are hereby 197 appropriated as designated out of any moneys in the state 198 . B. No. g_133_0474-1 Page 8 treasury to the credit of the designated fund. For all 199 appropriations made in this act, those in the first column are 200 for fiscal year 2020 and those in the second column are for 201 fiscal year 2021. The appropriations made in this act are in 202 addition to any other appropriations made for the FY 2020-FY 203 2021 biennium. 204 205 1 2 A 3 4 5 SOS SECRETARY OF STATE B Dedicated Purpose Fund Group C 5RG0 050627 Absent Voter's $ 7,000,000 $ 0 Ballot Application Mailings D TOTAL Dedicated Purpose Fund Group $ 7,000,000 $ 0 E TOTAL ALL BUDGET FUND GROUPS $ 7,000,000 $ 0 ABSENT VOTER'S BALLOT APPLICATION MAILINGS 206 The foregoing appropriation item 050627, Absent Voter's 207 Ballot Application Mailings, shall be used by the Secretary of 208 State to pay for expenses related to implementing this act. 209 An amount equal to the unexpended, unencumbered portion 210 of the foregoing appropriation item 050627, Absent Voter's 211 Ballot Application Mailings, at the end of fiscal year 2020 is 212 hereby reappropriated to the Secretary of State for the same 213 . B. No. g_133_0474-1 Page 9 purpose in fiscal year 2021. 214 On the effective date of this section, or as soon as 215 possible thereafter, the Director of Budget and Management shall 216 transfer $7,000,000 cash from the Controlling Board Emergency 217 Purposes/Contingencies Fund (Fund 5KM0) to the Absent Voter's 218 Ballot Application Mailing Fund (Fund 5RG0). 219 Within the limits set forth in this act, the Director of 220 Budget and Management shall establish accounts indicating the 221 source and amount of funds for each appropriation made in this 222 act, and shall determine the form and manner in which 223 appropriation accounts shall be maintained. Expenditures from 224 appropriations contained in this act shall be accounted for as 225 though made in the main operating appropriations act of the 226 133rd General Assembly. 227 The appropriations made in this act are subject to all 228 provisions of H.B. 166 of the 133rd General Assembly that are 229 generally applicable to such appropriations." 230 The motion was __________ agreed to. SYNOPSIS Extension of absent voting for March 17, 2020, primary election 231 232 233 Section 1 234 Voids Secretary of State directive 2020-06, issued on 235 March 16, 2020. Extends absent voting in the March 17, 2020, primary 236 237 . B. No. g_133_0474-1 election through April 28, 2020. Allows an elector who has not already cast a ballot in the Page 10 238 239 election, and who was registered to vote in Ohio as of the 240 February 18, 2020, deadline, to cast absent voter's ballots in 241 the election through 7:30 p.m. on April 28. 242 Requires ballots already cast in the election before or 243 after the bill's effective date also to be counted after 7:30 244 p.m. on April 28. 245 Requires the Secretary of State to mail a postcard to each 246 elector in Ohio with information about voting under the bill. 247 Requires generally that an elector apply for absent 248 voter's ballots by mail to the board of elections by noon on 249 April 25. 250 Requires the board daily to compile a list of the 251 applications received and to transmit the list to the Secretary, 252 who must make it available to the public upon request. 253 Allows a person who applies for absent voter's ballots 254 under the bill by the applicable deadline, and whose application 255 is denied, to cast a provisional ballot by mail. 256 Requires the board to prepay the return postage on ballots sent to electors under the bill. Requires the board to provide assistance in casting 257 258 259 ballots and, as applicable, an extended application deadline for 260 electors who are ill, have disabilities, or are confined, in the 261 same manner as under current law. 262 Permits an elector instead to cast absent voter's ballots 263 in person at the office of the board on April 28 by 7:30 p.m. if 264 (1) the elector has a disability and wishes to use an accessible 265 . B. No. g_133_0474-1 voting machine, or (2) the elector is unable to receive mail. Requires the board to place a secure receptacle outside Page 11 266 267 the office of the board for the return of ballots under the 268 bill. 269 Requires all ballots to be received at the office of the 270 board not later than 7:30 p.m. on April 28 in order to be 271 counted, but includes a ten-day grace period for ballots to 272 arrive by mail after that time, the same as under the statute. 273 Allows an absent voter or provisional voter to cure an 274 incomplete ballot statement or provide additional information, 275 if required, not later than May 5. 276 Requires the Secretary of State and the boards of 277 elections to conduct all post-election procedures by adding 42 278 days to the statutory deadlines (the number of days between 279 March 17 and April 28). 280 Requires candidates and political entities to file their 281 post-primary campaign finance statements using March 17 as the 282 date of the primary, but extends the filing deadline to 4:00 283 p.m. on June 5, 2020. 284 Specifies that for the purpose of contribution limits that 285 apply during a primary election period, the primary election 286 period ended on March 17. 287 Suspends the state purchasing and contracting 288 requirements, such as competitive bidding, that otherwise would 289 apply to the Secretary of State for the purpose of implementing 290 the bill. 291 Requires the Secretary to file a report with the President 292 of the Controlling Board describing all purchases the Secretary 293 . B. No. g_133_0474-1 Page 12 made for which the Secretary did not follow the state purchasing 294 and contracting requirements. 295 Appropriation 296 Section 2 297 Appropriates $7 million to the Secretary of State, which 298 the Secretary must use to pay for expenses related to 299 implementing the bill. 300 g_133_0475 . B. No. __________________________ moved to amend as follows: 1 After line ______, insert: 2 "Section 1. Notwithstanding any other amendment to the 3 title of H.B. 197 adopted during Third Consideration in the 4 Senate, the title shall express the bill's content as follows: 5 "to continue essential operations of state government and 6 maintain the continuity of the state tax code in response to the 7 declared pandemic and global health emergency related to COVID- 8 19, to make appropriations, and to declare an emergency" 9 In line 19950 of H.B. 197, delete "This" and insert "Sections 1 to 6 of this" Notwithstanding any other amendment revising the emergency 10 11 12 clause of H.B. 197, or adding an emergency clause to H.B. 197, 13 adopted during Third Consideration in the Senate, only one 14 section of the bill shall declare an emergency, which shall be 15 the last section of the bill, to read as follows: "This act is 16 hereby declared to be an emergency measure necessary for the 17 immediate preservation of the public peace, health, and safety. 18 The reason for such necessity is to continue essential operation 19 of various facets of state government, maintain the continuity 20 of the state tax code, and respond to the declared pandemic and 21 global health emergency related to COVID-19. Therefore, this act 22 . B. No. g_133_0475 Page 2 shall go into immediate effect." 23 The motion was __________ agreed to. SYNOPSIS 24 Bill title and emergency clause 25 Section ____ 26 Harmonizes the various amendments to the bill's title and 27 emergency clause. 28 g_133_0478-2 . B. No. __________________________ moved to amend as follows: In line ______ of the title, after "______" insert "to suspend 1 certain first-time performance-based Educational Choice scholarships for 2 the 2020-2021 school year," 3 After line ______, insert: 4 "Section 1. (A) Notwithstanding section 3310.03 of the 5 Revised Code, Section 265.210 of H.B. 166 of the 133rd General 6 Assembly, as amended by S.B. 120 of the 133rd General Assembly, 7 and any other provision of law to the contrary, the Department 8 of Education shall not accept, process, or award first-time 9 performance-based Educational Choice scholarships under section 10 3310.03 of the Revised Code for the 2020-2021 school year to 11 students who are eligible for the scholarship for the first time 12 for the 2020-2021 school year and whose scholarships would have 13 been paid for under Section 265.210 of H.B. 166 of the 133rd 14 General Assembly, as amended by S.B. 120 of the 133rd General 15 Assembly. 16 However, the Department shall accept, process, and award scholarships for any of the following: (1) Students who received a scholarship in the 2019-2020 school year; (2) A student who satisfies all of the following criteria: 17 18 19 20 21 . B. No. g_133_0478-2 (a) The student's sibling received a scholarship under Page 2 22 section 3310.03 of the Revised Code during the 2019-2020 school 23 year. 24 (b) The student is enrolled in or would be enrolled in a 25 building that, in the 2019-2020 school year, met any of the 26 conditions prescribed in section 3310.03 of the Revised Code. 27 (c) The student was enrolled in a public or nonpublic 28 school in any of grades kindergarten through twelve or was 29 homeschooled for the equivalent of those grades for the 2019- 30 2020 school year, or will be enrolled in kindergarten or will 31 start homeschooling for the equivalent of kindergarten in the 32 2020-2021 school year. 33 As used in this section, "sibling" means a brother, half- 34 brother, sister, or half-sister, by birth, adoption, or 35 marriage, without regard to residence or custodial status, or a 36 child residing in the same household as a foster child or under 37 a guardianship or custodial order. As used in this section, 38 "foster child" means a child placed in a family foster home, as 39 defined in section 5103.02 of the Revised Code. 40 (3) Students who were eligible for scholarships for the 41 2019-2020 school year, regardless of whether the students 42 received scholarships for that school year, and remain eligible 43 for the 2020-2021 school year; 44 (4) Students who did not receive a scholarship for the 45 2019-2020 school year but, for the 2020-2021 school year are or 46 would be newly enrolled in a building operated by the students' 47 resident district that met the conditions prescribed in section 48 3310.03 of the Revised Code for the 2019-2020 school year, as 49 that section existed for that school year, and also continued to 50 . B. No. g_133_0478-2 Page 3 meet the conditions for the 2020-2021 school year, including 51 students entering kindergarten, entering high school students, 52 or students who have recently relocated to the district or 53 building's attendance territory. 54 Scholarships for students described in divisions (A)(1), 55 (2), (3), and (4) of this section shall be funded through 56 deductions from the students' resident school districts in the 57 manner described in section 3310.08 of the Revised Code. 58 The Department shall accept, process, or award 59 performance-based Educational Choice scholarships for the 2020- 60 2021 school year for students described in divisions (A)(1) to 61 (4) of this section under the sixty-day-application period that 62 begins on April 1, 2020, pursuant to Section 265.210 of H.B. 166 63 of the 133rd General Assembly, as amended by S.B. 120 of the 64 133rd General Assembly. 65 (B) The Department shall accept, process, and award 66 performance-based Educational Choice scholarships under section 67 3310.03 of the Revised Code on February 1, 2021, for the 2021- 68 2022 school year. 69 (C) This section does not affect the awarding of incomebased scholarships." 70 71 The motion was __________ agreed to. SYNOPSIS 72 Educational Choice Scholarship suspension 73 Section ___ 74 . B. No. g_133_0478-2 Prohibits the Department of Education from accepting, Page 4 75 processing, and awarding first-time performance-based 76 Educational Choice scholarships for the 2020-2021 school year to 77 students first eligible to receive those scholarships in that 78 school year, which were to be funded under the appropriation 79 made in Section 265.210 of H.B. 166 of the 133rd General 80 Assembly, as amended by S.B. 120 of the 133rd General Assembly. 81 Requires the Department to accept, process, and award 82 first-time performance-based scholarships for the 2020-2021 83 school year, to be paid through the usual deduct and transfer 84 method, to a student (a) whose sibling received a performance- 85 based scholarship in the 2019-2020 school year, (b) who is 86 enrolled in, or would be enrolled in, a school building that 87 satisfied the conditions for eligibility for performance-based 88 scholarships in the 2019-2020 school year, and (c) who was 89 enrolled in a public or nonpublic school in any of grades K-12 90 or was homeschooled for the equivalent of those grades for the 91 2019-2020 school year, or will be enrolled in kindergarten in a 92 public or nonpublic school or will begin homeschooling for the 93 equivalent of kindergarten in the 2020-2021 school year. 94 Defines "sibling" as a brother, half-brother, sister, or 95 half-sister, by birth, adoption, or marriage, without regard to 96 residence or custodial status, or a child residing in the same 97 household as a foster child or under a guardianship or custodial 98 order. 99 Requires the Department to accept, process, and award 100 Educational Choice scholarships, to be paid through the usual 101 deduct and transfer method, to students who received one in the 102 prior school year and to students who were eligible in the 2019- 103 2020 and 2020-2021 school years, but did not receive one in the 104 . B. No. g_133_0478-2 2019-2020 school year. Requires the Department to accept, process, and award Page 5 105 106 Educational Choice scholarships, to be paid through the usual 107 deduct and transfer method, to students who are or would be 108 newly enrolled in a building or district that would qualify a 109 student for a scholarship in both the 2019-2020 and 2020-2021 110 school years, including entering kindergarten students, rising 111 high school students, and students who move into a qualified 112 building's district or territory. 113 Requires the Department to resume accepting, processing, 114 and awarding performance-based Educational Choice scholarships 115 on February 1, 2021, for scholarships for the 2021-2022 school 116 year. (Maintains 60-day window beginning April 1, 2020, for 117 performance-based scholarships for students eligible to receive 118 one for the 2020-2021 school year.) 119 g_133_0479 . B. No. __________________________ moved to amend as follows: 1 After line ______, insert: 2 "Section 1. The items of law contained in this act, and 3 their applications, are severable. If any item of law contained 4 in this act, or if any application of any item of law contained 5 in this act, is held invalid, the invalidity does not affect 6 other items of law contained in this act and their applications 7 that can be given effect without the invalid item of law or 8 application." 9 The motion was __________ agreed to. SYNOPSIS 10 Severability clause 11 Section ___ 12 Stipulates that the items of law contained in bill, and 13 their applications, are severable. If any item is held invalid, 14 the invalidity does not affect the bill's other items. 15