As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 215 5
1997-1998 6
REPRESENTATIVES JOHNSON-THOMAS-SYKES-O'BRIEN-THOMPSON-PERZ-CORE- 8
VERICH-WILSON-MEAD-VESPER-FOX-SAWYER-GARCIA-CORBIN- 9
SCHULER-ROMAN-BRADING-OGG-KREBS-WINKLER-CLANCY-METZGER-HARRIS- 10
HOUSEHOLDER-LEWIS-MOTTLEY-WISE-COUGHLIN-WILLIAMS-PATTON- 11
TERWILLEGER-STAPLETON-PADGETT-JACOBSON- SENATORS 13
RAY-HORN-WHITE-CARNES-DRAKE-HOWARD-OELSLAGER-
KEARNS-GILLMOR-GARDNER 14
_________________________________________________________________ 15
A B I L L
To amend sections 3.17, 3.24, 9.06, 101.23, 101.27, 17
101.35, 102.02, 103.143, 103.21, 107.30, 107.40, 18
111.15, 111.16, 117.44, 119.01, 120.04, 120.33, 19
121.04, 121.08, 121.37, 121.38, 121.40, 121.52, 20
122.15, 122.151, 122.152, 122.153, 122.154,
122.17, 122.18, 122.29, 122.73, 122.89, 124.136, 21
124.15, 124.152, 124.18, 124.181, 124.34,
124.382, 124.383, 124.385, 124.391, 125.04, 22
125.05, 125.13, 125.15, 125.22, 125.28, 125.42, 24
125.83, 125.831, 125.87, 126.07, 126.12, 126.21, 26
126.26, 127.16, 131.35, 131.44, 135.142, 145.73,
149.303, 149.331, 164.08, 164.09, 169.02, 169.03, 28
169.05, 169.08, 171.05, 173.02, 175.21, 181.52,
307.86, 321.46, 329.04, 329.06, 718.01, 924.10, 30
1309.32, 1309.39, 1309.40, 1309.41, 1309.42,
1309.43, 1310.37, 1503.05, 1503.141, 1506.21, 31
1506.22, 1506.23, 1513.29, 1513.30, 1515.09, 32
1517.11, 1557.06, 1703.03, 1703.05, 1703.07, 34
1703.12, 1703.22, 1703.26, 1703.27, 1707.041, 35
1707.44, 1731.07, 1785.01, 2113.07, 2151.23,
2151.355, 2151.421, 2744.01, 2744.02, 2744.03, 37
2744.05, 2941.51, 3301.075, 3301.0711, 3301.0714, 38
2
3301.0719, 3301.80, 3307.01, 3309.01, 3311.053, 39
3311.056, 3313.172, 3313.372, 3313.871, 3313.975,
3316.03, 3316.04, 3317.01, 3317.02, 3317.022, 40
3317.023, 3317.0212, 3317.0213, 3317.03, 3317.08, 41
3317.10, 3317.11, 3317.14, 3318.02, 3318.03, 42
3318.041, 3319.17, 3332.07, 3333.12, 3333.20,
3333.27, 3334.01, 3334.03, 3334.08, 3334.09, 44
3334.10, 3334.11, 3334.17, 3345.11, 3345.12, 46
3345.50, 3345.51, 3365.01, 3365.02, 3365.021,
3365.03, 3365.06, 3383.01, 3383.08, 3501.10, 47
3501.11, 3501.17, 3501.28, 3701.14, 3701.261, 48
3701.502, 3701.74, 3702.30, 3702.511, 3702.68, 49
3705.24, 3719.02, 3719.021, 3729.40, 3734.18, 51
3734.57, 3734.82, 3734.904, 3734.907, 3737.02, 52
3745.11, 3745.21, 3745.25, 3746.121, 3748.07,
3748.12, 3748.13, 3769.088, 3769.10, 3770.01, 54
3770.02, 3770.06, 3773.43, 3773.56, 3781.061, 55
3781.182, 3793.10, 3901.17, 3905.30, 3905.34, 56
3905.35, 3905.36, 3905.37, 3917.01, 3918.01, 57
3918.02, 3921.30, 3960.03, 4111.01, 4117.01, 58
4117.02, 4117.06, 4121.39, 4123.31, 4123.418, 60
4301.10, 4301.12, 4301.17, 4301.19, 4301.24, 61
4301.30, 4301.43, 4305.13, 4305.131, 4509.101, 62
4511.102, 4511.191, 4511.83, 4701.20, 4703.16, 63
4703.50, 4709.06, 4713.19, 4715.06, 4715.13, 64
4715.14, 4715.16, 4715.21, 4715.24, 4715.27,
4715.35, 4717.06, 4717.07, 4717.09, 4717.18, 65
4723.08, 4723.24, 4723.28, 4723.31, 4723.41, 66
4723.46, 4723.56, 4723.59, 4725.06, 4725.45, 67
4729.15, 4729.29, 4729.51, 4729.52, 4729.54,
4729.55, 4729.65, 4731.09, 4731.10, 4731.14, 68
4731.15, 4731.17, 4731.22, 4731.24, 4731.26, 70
4731.281, 4731.291, 4731.38, 4731.40, 4731.53, 71
4731.56, 4732.04, 4733.08, 4734.07, 4734.16,
3
4735.01, 4735.05, 4736.06, 4740.03, 4741.03, 74
4741.17, 4741.25, 4743.05, 4747.03, 4749.02,
4751.06, 4751.07, 4753.04, 4753.08, 4753.12, 76
4755.10, 4755.12, 4755.40, 4755.41, 4755.43,
4755.47, 4755.48, 4755.49, 4755.64, 4755.99, 77
4757.22, 4757.23, 4757.31, 4759.08, 4763.01, 78
4767.01, 4901.10, 4901.19, 4903.10, 4903.11, 79
4903.23, 4905.10, 4905.21, 4905.26, 4905.66,
4905.69, 4905.80, 4905.81, 4911.18, 4923.12, 80
4937.02, 4937.05, 4981.09, 5101.02, 5101.06, 81
5101.07, 5101.14, 5101.141, 5101.461, 5101.58, 82
5104.02, 5104.30, 5104.38, 5104.39, 5111.01,
5111.011, 5111.07, 5111.08, 5111.11, 5111.111, 85
5111.17, 5111.18, 5112.04, 5112.18, 5112.21, 86
5119.02, 5119.03, 5119.47, 5119.53, 5120.03, 87
5120.09, 5120.16, 5120.38, 5121.04, 5122.43,
5123.05, 5123.122, 5123.18, 5123.19, 5123.34, 88
5126.022, 5126.08, 5126.356, 5139.01, 5139.03, 89
5139.04, 5139.07, 5139.34, 5139.36, 5139.42, 90
5139.43, 5139.86, 5153.16, 5153.161, 5153.162, 91
5301.67, 5301.68, 5301.69, 5701.01, 5701.05,
5703.21, 5709.62, 5709.63, 5709.632, 5709.66, 92
5711.22, 5711.32, 5725.01, 5725.18, 5727.111, 93
5727.12, 5728.09, 5728.10, 5729.03, 5733.01, 95
5733.02, 5733.022, 5733.03, 5733.031, 5733.04, 96
5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 97
5733.055, 5733.06, 5733.061, 5733.065, 5733.066, 98
5733.067, 5733.068, 5733.069, 5733.09, 5733.11,
5733.12, 5733.121, 5733.26, 5733.31, 5733.311, 99
5733.32, 5733.33, 5733.34, 5733.98, 5735.11, 100
5735.12, 5735.121, 5739.01, 5739.02, 5739.024, 101
5739.033, 5739.07, 5739.072, 5739.13, 5739.132,
5739.133, 5739.15, 5739.17, 5741.10, 5741.101, 104
5741.14, 5743.081, 5743.082, 5743.52, 5743.56,
4
5747.01, 5747.02, 5747.025, 5747.03, 5747.057, 105
5747.062, 5747.07, 5747.072, 5747.08, 5747.11,
5747.12, 5747.13, 5747.14, 5747.15, 5747.18, 106
5747.20, 5747.21, 5747.22, 5747.26, 5747.261, 107
5747.30, 5747.31, 5747.32, 5747.98, 5749.06, 108
5749.07, 5749.10, 5902.01, 5910.04, and 6109.21;
to amend and renumber as indicated in parentheses 111
section 122.19 (122.16) as it results from Sub. 112
H.B. 441 of the 121st General Assembly; to enact
new sections 901.41, 901.42, 1703.08, 3905.33, 113
and 5747.23 and sections 111.25, 113.21, 121.371, 114
126.14, 131.38, 131.41, 175.041, 177.011, 901.21, 116
1506.24, 1515.091, 1555.09, 2151.422, 2151.55, 117
2921.431, 3113.40, 3301.134, 3301.801, 3311.057, 118
3313.535, 3313.613, 3313.844, 3314.01 to 3314.10, 121
3316.041, 3317.026, 3317.51, 3319.089, 3319.223, 122
3319.224, 3323.012, 3329.16, 3345.182, 3345.70, 123
3701.031, 3702.31, 3702.5211, 3793.21, 4117.101, 124
4121.446, 4123.402, 4141.131, 4707.011, 4723.561,
5101.112, 5101.142, 5101.143, 5101.831, 5101.832, 125
5101.891, 5103.12, 5104.381, 5107.021, 5107.35, 126
5111.172, 5123.194, 5126.081, 5126.082, 5126.121,
5501.38, 5725.181, 5729.031, 5733.056, 5733.057, 128
5733.058, 5733.0611, 5733.40, 5733.41, 5735.143,
5747.059, 5747.40, 5747.41, 5747.42, 5747.43, 130
5747.44, 5747.45, 5747.451, 5747.452, and
5747.453; to repeal sections 125.94, 164.13, 131
173.07, 329.07, 901.41, 901.42, 1703.08, 1703.09, 132
1703.10, 1703.11, 1703.14, 2503.14, 2503.15, 133
2503.16, 2503.18, 3781.21, 3905.33, 3921.32, 134
4743.04, 5111.171, 5111.85, 5119.25, 5119.28, 136
5123.06, 5123.32, 5153.164, and 5747.23; to 137
repeal section 3319.223, effective January 1,
2002; to repeal section 5725.181, effective 139
5
January 1, 2003; and to repeal sections 5753.01, 140
5753.02, 5753.03, 5753.04, 5753.05, 5753.06,
5753.07, 5753.08, 5753.09, 5753.10, 5753.11, 141
5753.12, 5753.13, 5753.14, 5753.15, 5753.16, and 142
5753.99 of the Revised Code, effective January 1, 143
1999; and to amend Section 4 of Am. Sub. H.B. 478
of the 119th General Assembly, as subsequently 144
amended; to amend Section 162 of Am. Sub. H.B. 145
298 of the 119th General Assembly; to amend
Section 33 of Am. S.B. 206 of the 119th General 146
Assembly, as subsequently amended; to amend
Section 184 of Am. Sub. H.B. 152 of the 120th 148
General Assembly, as subsequently amended; to
amend Section 3 of Am. Sub. S.B. 20 of the 120th 149
General Assembly; to amend Section 5 of Am. Sub. 151
S.B. 50 of the 121st General Assembly; to amend
Section 5 of Sub. S.B. 223 of the 121st General 152
Assembly; to amend Sections 5.01, 5.05, 15.02, 153
and 19 of Am. Sub. S.B. 264 of the 121st General 154
Assembly; to amend Sections 45.32 and 153 of Am.
Sub. H.B. 117 of the 121st General Assembly; to 155
amend Section 3 of Sub. H.B. 441 of the 121st 156
General Assembly; to amend Section 4 of Sub. H.B.
167 of the 121st General Assembly, as 157
subsequently amended; to amend Sections 4 and 48 158
of Am. H.B. 748 of the 121st General Assembly; to
amend Sections 13, 35, 39, 40, 51.03, 51.04, 159
51.06, and 52 of Am. H.B. 748 of the 121st 160
General Assembly, as subsequently amended; to 161
repeal Section 12 of Am. Sub. S.B. 259 of the
121st General Assembly; to repeal Sections 40, 162
41, 42, and 43 of Am. Sub. S.B. 310 of the 121st 163
General Assembly; to repeal Section 166 of Am.
Sub. H.B. 117 of the 121st General Assembly; to 164
6
repeal Section 201 of Am. Sub. H.B. 117 of the 165
121st General Assembly, as subsequently amended;
to repeal Section 5 of Sub. H.B. 870 of the 119th 167
General Assembly; to amend section 5729.031 of
the Revised Code on July 1, 1999; to maintain 168
certain provisions of this act on and after 169
September 30, 1997, by amending the version of
section 2151.355 of the Revised Code that takes 170
effect on that date; and to maintain certain 171
provisions of this act on and after March 4,
1998, by amending the version of section 4301.17 172
of the Revised Code that takes effect on that
date to make operating appropriations for the 174
biennium beginning July 1, 1997, and ending June 175
30, 1999, and to provide authorization and 176
conditions for the operation of state programs. 177
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 178
Section 1. That sections 3.17, 3.24, 9.06, 101.23, 101.27, 180
101.35, 102.02, 103.143, 103.21, 107.30, 107.40, 111.15, 111.16, 181
117.44, 119.01, 120.04, 120.33, 121.04, 121.08, 121.37, 121.38, 182
121.40, 121.52, 122.15, 122.151, 122.152, 122.153, 122.154, 183
122.17, 122.18, 122.29, 122.73, 122.89, 124.136, 124.15, 124.152, 184
124.18, 124.181, 124.34, 124.382, 124.383, 124.385, 124.391, 185
125.04, 125.05, 125.13, 125.15, 125.22, 125.28, 125.42, 125.83, 187
125.831, 125.87, 126.07, 126.12, 126.21, 126.26, 127.16, 131.35, 189
131.44, 135.142, 145.73, 149.303, 149.331, 164.08, 164.09, 190
169.02, 169.03, 169.05, 169.08, 171.05, 173.02, 175.21, 181.52, 191
307.86, 321.46, 329.04, 329.06, 718.01, 924.10, 1309.32, 1309.39, 193
1309.40, 1309.41, 1309.42, 1309.43, 1310.37, 1503.05, 1503.141, 194
1506.21, 1506.22, 1506.23, 1513.29, 1513.30, 1515.09, 1517.11, 195
1557.06, 1703.03, 1703.05, 1703.07, 1703.12, 1703.22, 1703.26, 196
1703.27, 1707.041, 1707.44, 1731.07, 1785.01, 2113.07, 2151.23, 197
7
2151.355, 2151.421, 2744.01, 2744.02, 2744.03, 2744.05, 2941.51, 200
3301.075, 3301.0711, 3301.0714, 3301.0719, 3301.80, 3307.01,
3309.01, 3311.053, 3311.056, 3313.172, 3313.372, 3313.871, 201
3313.975, 3316.03, 3316.04, 3317.01, 3317.02, 3317.022, 3317.023, 204
3317.0212, 3317.0213, 3317.03, 3317.08, 3317.10, 3317.11,
3317.14, 3318.02, 3318.03, 3318.041, 3319.17, 3332.07, 3333.12, 206
3333.20, 3333.27, 3334.01, 3334.03, 3334.08, 3334.09, 3334.10, 207
3334.11, 3334.17, 3345.11, 3345.12, 3345.50, 3345.51, 3365.01, 208
3365.02, 3365.021, 3365.03, 3365.06, 3383.01, 3383.08, 3501.10, 209
3501.11, 3501.17, 3501.28, 3701.14, 3701.261, 3701.502, 3701.74, 211
3702.30, 3702.511, 3702.68, 3705.24, 3719.02, 3719.021, 3729.40, 212
3734.18, 3734.57, 3734.82, 3734.904, 3734.907, 3737.02, 3745.11, 214
3745.21, 3745.25, 3746.121, 3748.07, 3748.12, 3748.13, 3769.088, 216
3769.10, 3770.01, 3770.02, 3770.06, 3773.43, 3773.56, 3781.061, 217
3781.182, 3793.10, 3901.17, 3905.30, 3905.34, 3905.35, 3905.36, 219
3905.37, 3917.01, 3918.01, 3918.02, 3921.30, 3960.03, 4111.01,
4117.01, 4117.02, 4117.06, 4121.39, 4123.31, 4123.418, 4301.10, 223
4301.12, 4301.17, 4301.19, 4301.24, 4301.30, 4301.43, 4305.13,
4305.131, 4509.101, 4511.102, 4511.191, 4511.83, 4701.20, 226
4703.16, 4703.50, 4709.06, 4713.19, 4715.06, 4715.13, 4715.14, 227
4715.16, 4715.21, 4715.24, 4715.27, 4715.35, 4717.06, 4717.07, 228
4717.09, 4717.18, 4723.08, 4723.24, 4723.28, 4723.31, 4723.41, 229
4723.46, 4723.56, 4723.59, 4725.06, 4725.45, 4729.15, 4729.29, 230
4729.51, 4729.52, 4729.54, 4729.55, 4729.65, 4731.09, 4731.10, 231
4731.14, 4731.15, 4731.17, 4731.22, 4731.24, 4731.26, 4731.281, 233
4731.291, 4731.38, 4731.40, 4731.53, 4731.56, 4732.04, 4733.08, 234
4734.07, 4734.16, 4735.01, 4735.05, 4736.06, 4740.03, 4741.03, 237
4741.17, 4741.25, 4743.05, 4747.03, 4749.02, 4751.06, 4751.07,
4753.04, 4753.08, 4753.12, 4755.10, 4755.12, 4755.40, 4755.41, 239
4755.43, 4755.47, 4755.48, 4755.49, 4755.64, 4755.99, 4757.22, 240
4757.23, 4757.31, 4759.08, 4763.01, 4767.01, 4901.10, 4901.19, 241
4903.10, 4903.11, 4903.23, 4905.10, 4905.21, 4905.26, 4905.66, 242
4905.69, 4905.80, 4905.81, 4911.18, 4923.12, 4937.02, 4937.05, 243
4981.09, 5101.02, 5101.06, 5101.07, 5101.14, 5101.141, 5101.461, 245
8
5101.58, 5104.02, 5104.30, 5104.38, 5104.39, 5111.01, 5111.011, 246
5111.07, 5111.08, 5111.11, 5111.111, 5111.17, 5111.18, 5112.04, 249
5112.18, 5112.21, 5119.02, 5119.03, 5119.47, 5119.53, 5120.03, 250
5120.09, 5120.16, 5120.38, 5121.04, 5122.43, 5123.05, 5123.122, 251
5123.18, 5123.19, 5123.34, 5126.022, 5126.08, 5126.356, 5139.01, 252
5139.03, 5139.04, 5139.07, 5139.34, 5139.36, 5139.42, 5139.43, 253
5139.86, 5153.16, 5153.161, 5153.162, 5301.67, 5301.68, 5301.69, 254
5701.01, 5701.05, 5703.21, 5709.62, 5709.63, 5709.632, 5709.66, 257
5711.22, 5711.32, 5725.01, 5725.18, 5727.111, 5727.12, 5728.09, 258
5728.10, 5729.03, 5733.01, 5733.02, 5733.022, 5733.03, 5733.031, 260
5733.04, 5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 261
5735.055, 5733.06, 5733.061, 5733.065, 5733.066, 5733.067, 262
5733.068, 5733.069, 5733.09, 5733.11, 5733.12, 5733.121, 5733.26, 263
5733.31, 5733.311, 5733.32, 5733.33, 5733.34, 5733.98, 5735.11, 264
5735.12, 5735.121, 5739.01, 5739.02, 5739.024, 5739.033, 5739.07, 265
5739.072, 5739.13, 5739.132, 5739.133, 5739.15, 5739.17, 5741.10, 267
5741.101, 5741.14, 5743.081, 5743.082, 5743.52, 5743.56, 5747.01, 268
5747.02, 5747.025, 5747.03, 5747.057, 5747.062, 5747.07,
5747.072, 5747.08, 5747.11, 5747.12, 5747.13, 5747.14, 5747.15, 271
5747.18, 5747.20, 5747.21, 5747.22, 5747.26, 5747.261, 5747.30, 272
5747.31, 5747.32, 5747.98, 5749.06, 5749.07, 5749.10, 5902.01, 273
5910.04, and 6109.21 be amended; section 122.19 (122.16) as it 276
results from Sub. H.B. 441 of the 121st General Assembly be 277
amended and renumbered; and new sections 901.41, 901.42, 1703.08, 279
3905.33, and 5747.23 and sections 111.25, 113.21, 121.371, 280
126.14, 131.38, 131.41, 175.041, 177.011, 901.21, 1506.24,
1515.091, 1555.09, 2151.422, 2151.55, 2921.431, 3113.40, 282
3301.134, 3301.801, 3311.057, 3313.535, 3313.613, 3313.844,
3314.01, 3314.02, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 285
3314.08, 3314.09, 3314.10, 3316.041, 3317.026, 3317.51, 3319.089, 287
3319.223, 3319.224, 3323.012, 3329.16, 3345.182, 3345.70, 288
3701.031, 3702.31, 3702.5211, 3793.21, 4117.101, 4121.446,
4123.402, 4141.131, 4707.011, 4723.561, 5101.112, 5101.142, 290
5101.143, 5101.831, 5101.832, 5101.891, 5103.12, 5104.381, 293
9
5107.021, 5107.35, 5111.172, 5123.194, 5126.081, 5126.082,
5126.121, 5501.38, 5725.181, 5729.031, 5733.056, 5733.057, 296
5733.058, 5733.0611, 5733.40, 5733.41, 5735.143, 5747.059, 297
5747.40, 5747.41, 5747.42, 5747.43, 5747.44, 5747.45, 5747.451,
5747.452, and 5747.453 of the Revised Code be enacted to read as 299
follows:
Sec. 3.17. (A) Except as otherwise provided in division 309
(C) of this section, any ANY member of a board, commission, 311
council, board of trustees of an institution of higher education, 313
or other public body of the state, EXCEPT A MEMBER OF THE GENERAL 314
ASSEMBLY OR A JUDGE OF ANY COURT IN THE STATE, who fails to 316
attend at least three-fifths of the regular and special meetings 317
held by that board, commission, council, board of trustees, or 318
public body during any two-year period forfeits his THE MEMBER'S 319
position on that board, commission, council, board of trustees, 321
or public body.
(B) The director of budget and management annually shall 323
set a maximum cost per page and a maximum total cost for the 325
printing by any board, commission, council, or other public body 326
of the state of any annual report or any other report that it is 327
required by law to produce. No board, commission, council, or 328
other public body of the state shall expend or incur the
expenditure of any amount in excess of these maximum amounts 329
without the prior approval of the director. 330
(C) Divisions (A) and (B) of this section do not apply to 332
the general assembly or any court. 333
Sec. 3.24. Every person holding an elected office under 342
the constitution or laws of this state may administer oaths of 343
office to persons elected or appointed to offices under the 344
constitution or laws of this state if those persons are elected 345
or appointed to offices within the geographical limits of his THE 346
ELECTED OFFICER'S constituency, except that members of the 348
general assembly may administer oaths of office to persons 349
elected or appointed to any office under the constitution or laws 350
10
of this state. Nothing in this section shall forbid the judge of 351
a court established by the constitution of this state OR A NOTARY 352
PUBLIC COMMISSIONED IN THIS STATE from administering an oath to 353
any person. 354
When an oath of office is required to be certified in 356
writing, the person taking the oath shall write his THE PERSON'S 357
signature immediately under the text of the oath. The person 359
administering the oath under authority of this section shall then 360
write his THE ADMINISTERING PERSON'S signature, the title of the 362
elected office which he THAT THE ADMINISTERING PERSON holds, and 363
the date; and shall affix the seal of his office if a seal is 364
prescribed for, or has been adopted by, his THE ADMINISTERING 365
PERSON'S office. 366
Sec. 9.06. (A) The department of rehabilitation and 375
correction, and counties and municipal corporations to the extent 376
authorized in sections 307.93, 341.35, 753.03, and 753.15 of the 377
Revised Code, may contract for the private operation and 378
management of a facility under this section. The contracts shall 379
be for an initial term of no more than two years, with an option 380
to renew for additional periods of two years. Any contractor who 381
applies to operate and manage a facility shall be accredited by 382
the American correctional association AND SHALL, AT THE TIME OF 383
THE APPLICATION, OPERATE AND MANAGE ONE OR MORE FACILITIES
ACCREDITED BY THE AMERICAN CORRECTIONAL ASSOCIATION. 384
Before a public entity may enter into a contract under this 386
section, the contractor shall convincingly demonstrate to the 387
public entity that it can operate the facility WITH THE INMATE 388
CAPACITY REQUIRED BY THE PUBLIC ENTITY and provide the services 389
required in this section and realize at least a five per cent 390
savings over the projected cost to the public entity of providing 391
these same services to operate the facility that is the subject 392
of the contract. No out-of-state prisoners may be housed in any 393
facility that is the subject of a contract entered into under to
this section. 394
11
(B) Any contract entered into under this section shall 396
include all of the following: 397
(1) A requirement that the contractor retain his THE 399
CONTRACTOR'S accreditation from the American correctional 402
association throughout the contract term;
(2) A requirement that the contractor seek, obtain, and 404
maintain accreditation from the American correctional association 405
for the facility during the term of the contract; ALL OF THE 406
FOLLOWING CONDITIONS BE MET: 407
(a) THE CONTRACTOR BEGINS THE PROCESS OF ACCREDITING THE 409
FACILITY WITH THE AMERICAN CORRECTIONAL ASSOCIATION NO LATER THAN 410
SIXTY DAYS AFTER THE FACILITY RECEIVES ITS FIRST INMATE. 411
(b) THE CONTRACTOR RECEIVES ACCREDITATION OF THE FACILITY 413
WITHIN TWELVE MONTHS AFTER THE DATE THE CONTRACTOR APPLIES TO THE 414
AMERICAN CORRECTIONAL ASSOCIATION FOR ACCREDITATION. 415
(c) ONCE THE ACCREDITATION IS RECEIVED, THE CONTRACTOR 417
MAINTAINS IT FOR THE DURATION OF THE CONTRACT TERM. 419
(d) IF THE CONTRACTOR DOES NOT COMPLY WITH DIVISIONS 422
(B)(2)(a) TO (c) OF THIS SECTION, THE CONTRACTOR IS IN VIOLATION 423
OF THE CONTRACT AND THE PUBLIC ENTITY MAY REVOKE THE CONTRACT AT 425
ITS DISCRETION.
(3) A requirement that the contractor comply with all 427
rules promulgated by the department of rehabilitation and 428
correction that apply to the operation and management of 429
correctional facilities, INCLUDING THE MINIMUM STANDARDS FOR 430
JAILS IN OHIO AND POLICIES REGARDING THE USE OF FORCE AND THE USE 431
OF DEADLY FORCE, although the public entity may require more 432
stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, 433
including, but not limited to, sanitation, food service, safety, 434
and health regulations. The contractor shall be required to send 435
copies of reports of inspections completed by the appropriate 436
authorities regarding compliance with rules and regulations to 437
the director of rehabilitation and correction or the director's 438
12
designee and, if contracting with a local public entity, to the 439
governing authority of that entity.
(4) A requirement that the contractor report for 441
investigation all crimes in connection with the facility to the 442
public entity, to all local law enforcement agencies having 443
jurisdiction at the facility, and, for crime committed at a state 444
correctional institution, to the state highway patrol;
(5) A requirement that, if the facility is a state 446
correctional institution, the contractor provide a written report 447
WITHIN SPECIFIED TIME LIMITS to the director of rehabilitation 449
and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the 450
department of rehabilitation and correction or, if the facility 451
is a local correctional institution, that the contractor provide 452
a written report to the governing authority of the local public 453
entity.
(6) A requirement that the contractor maintain proper 456
control of inmates' personal funds pursuant to rules promulgated 457
by the department of rehabilitation and correction, for state 458
correctional institutions, or pursuant to the minimum standards
for jails along with any additional standards established by the 459
local public entity, for local correctional institutions, and 460
that records pertaining to these funds be made available to 461
representatives of the public entity for review or audit; 462
(7) A requirement that the contractor prepare and 464
distribute to the director of rehabilitation and correction or, 465
if contracting with a local public entity, to the governing 466
authority of the local entity, annual budget income and 467
expenditure statements and funding source financial reports;
(8) A requirement that the public entity appoint and 469
supervise a full-time contract monitor and require, THAT the 470
contractor to provide suitable office space for the contract 472
monitor at the facility., AND THAT THE CONTRACTOR ALLOW THE 473
CONTRACT MONITOR UNRESTRICTED ACCESS TO ALL PARTS OF THE FACILITY 474
13
AND ALL RECORDS OF THE FACILITY EXCEPT THE CONTRACTOR'S FINANCIAL
RECORDS; 475
(9) A REQUIREMENT THAT IF THE FACILITY IS A STATE 477
CORRECTIONAL INSTITUTION, DESIGNATED DEPARTMENT OF REHABILITATION 478
AND CORRECTION STAFF MEMBERS BE ALLOWED ACCESS TO THE FACILITY IN 479
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT; 480
(10) A requirement that the contractor provide internal 482
and perimeter security to protect the public, staff members, and 484
inmates AS AGREED UPON IN THE CONTRACT; 485
(10)(11) If the facility is a state correctional 487
institution, a requirement that the contractor impose discipline 489
on inmates housed in a state correctional institution, only in 490
accordance with rules promulgated by the department of 491
rehabilitation and correction;
(11)(12) A requirement that the facility be staffed at all 493
times with a staffing pattern APPROVED BY THE PUBLIC ENTITY AND 495
adequate both to ensure supervision of inmates and maintenance of 496
security within the facility, and to provide for programs, 497
transportation, security, and other operational needs. In 498
determining security needs, the contractor shall be required to 499
consider, among other things, the proximity of the facility to 500
neighborhoods and schools.
(12)(13) If the contract is with a local public entity a 502
requirement that the contractor provide the following services 504
and programs, consistent with the minimum standards for jails 505
promulgated by the department of rehabilitation and correction 506
under section 5120.10 of the Revised Code;
(13)(14) A clear statement that no immunity from liability 508
granted to the state, and no immunity from liability granted to 510
political subdivisions under Chapter 2744. of the Revised Code, 511
shall extend to the contractor or any of his THE CONTRACTOR'S 512
employees; 513
(14)(15) A statement that all documents and records 515
maintained by the contractor relevant to the facility shall be 517
14
public records, except for financial records and personnel 518
records MAINTAINED IN THE SAME MANNER REQUIRED FOR, AND SUBJECT 519
TO THE SAME LAWS, RULES, AND REGULATIONS AS APPLY TO, THE RECORDS 520
OF THE PUBLIC ENTITY;
(15)(16) Authorization for the public entity to impose a 522
fine on the contractor from a schedule of fines included in the 524
contract for the contractor's failure to perform its contractual 525
duties, or to cancel the contract, as the public entity considers 526
appropriate. If a fine is imposed, the public entity may reduce 527
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. 528
(16)(17) A statement that all services provided or goods 530
produced at the facility shall be subject to the same 532
regulations, and the same distribution limitations, as apply to 533
goods and services produced at other correctional institutions.; 534
(18) AUTHORIZATION FOR THE DEPARTMENT TO ESTABLISH ONE OR 536
MORE PRISON INDUSTRIES AT A FACILITY OPERATED AND MANAGED BY A 537
CONTRACTOR FOR THE DEPARTMENT. 538
(C) No contract entered into under this section may 540
require, authorize, or imply a delegation of the authority or 541
responsibility of the public entity to a contractor for any of 542
the following:
(1) Developing or implementing procedures for calculating 544
inmate release and parole eligibility dates and recommending the 545
granting or denying of parole, although the contractor may submit 546
written reports that have been prepared in the ordinary course of 547
business;
(2) Developing or implementing procedures for calculating 549
and awarding good time, approving the type of work inmates may 550
perform and the wage or good time, if any, that may be given to 551
inmates engaging in such work, and granting, denying, or revoking 552
good time;
(3) Classifying an inmate or placing an inmate in a more 554
or a less restrictive custody than the custody ordered by the 555
15
public entity;
(4) Approving inmates for work release; 557
(5) CONTRACTING FOR LOCAL OR LONG DISTANCE TELEPHONE 559
SERVICES FOR INMATES OR RECEIVING COMMISSIONS FROM SUCH SERVICES 560
AT A FACILITY THAT IS OWNED BY OR OPERATED UNDER A CONTRACT WITH 561
THE DEPARTMENT.
(D) A contractor that has been approved to operate a 563
facility under this section shall provide an adequate policy of 564
insurance specifically including, BUT NOT LIMITED TO, insurance 566
for civil rights claims as determined by a risk management or
actuarial firm with demonstrated experience in public liability 567
for state governments. The insurance policy shall provide that 568
the state, including all state agencies, and all political 569
subdivisions of the state with jurisdiction over the facility or 570
in which a facility is located are named as insured, and that the 571
state and its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure. 572
The contractor shall indemnify, defend, and hold harmless 574
the state, its officers, agents, and employees, and any local 575
government entity in the state having jurisdiction over the 576
facility or ownership of the facility, from all of the following: 577
(1) Any claims or losses for services rendered by the 579
contractor or person performing or supplying services in 580
connection with the performance of the contract; 581
(2) Any failure of the contractor or its officers or 583
employees to adhere to the laws, rules, regulations, or terms 584
agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights 586
claim brought against the state related to the facility operated 587
and managed by the contractor;
(4) Any claims, losses, demands, or causes of action 589
arising out of the contractor's activities in this state; 590
(5) Any attorney's fees or court costs arising from any 592
habeas corpus actions or other inmate suits that may arise from 593
16
any event that occurred at the facility or was a result of such 594
an event, or arise over the conditions, management, or operation 595
of the facility, which fees and costs shall include, but not be 596
limited to, attorney's fees for the state's representation and
for any court-appointed representation of any inmate, and the 597
costs of any special judge who may be appointed to hear such 598
actions.
(E) Private correctional officers of a private contractor 600
may carry and use firearms in the course of their employment only 601
after being certified as satisfactorily completing an approved 602
training program as described in division (A) of section 109.78 603
of the Revised Code.
(F) Upon notification by the contractor of an escape from, 605
or of a disturbance at, the facility that is the subject of a 606
contract entered into under this section, the department of 607
rehabilitation and correction and state and local law enforcement 608
agencies shall use all reasonable means to recapture escapees or 609
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee 610
or the quelling of a disturbance at the facility shall be 611
chargeable to and borne by the contractor. The contractor shall 612
also reimburse the state or its political subdivisions for all 613
reasonable costs incurred relating to the temporary detention of 614
the escapee following recapture.
(G) Any offense that would be a crime if committed at a 616
state correctional institution or jail, workhouse, prison, or 617
other correctional facility shall be a crime if committed by or 618
with regard to inmates at facilities operated pursuant to a 619
contract entered into under this section. 620
(H) THE CONTRACTOR SHALL PAY ANY INMATE WORKERS AT THE 622
FACILITY AT THE RATE APPROVED BY THE PUBLIC ENTITY. INMATES 623
WORKING AT THE FACILITY SHALL NOT BE CONSIDERED EMPLOYEES OF THE 624
CONTRACTOR.
(I) As used in this section: 626
17
(1) "Public entity" means the department of rehabilitation 628
and correction, or a county or municipal corporation or a 629
combination of counties and municipal corporations, that has 630
jurisdiction over a facility that is the subject of a contract 631
entered into under this section.
(2) "Local public entity" means a county or municipal 633
corporation, or a combination of counties and municipal 634
corporations, that has jurisdiction over a jail, workhouse, or 635
other correctional facility used only for misdemeanants that is 636
the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, 638
for a county, the board of county commissioners; for a municipal 639
corporation, the legislative authority; for a combination of 640
counties and municipal corporation, all the boards of county 641
commissioners and municipal legislative authorities that joined 642
to create the facility.
(4) "Contractor" means a person who enters into a contract 644
under this section to operate and manage a jail, workhouse, or 645
other correctional facility.
(5) "Facility" means the specific county, multicounty, 647
municipal, municipal-county, or multicounty-municipal jail, 648
workhouse, prison, or other type of correctional institution or 649
facility used only for misdemeanants, or a state correctional 650
institution, that is the subject of a contract entered into under 651
this section.
Sec. 101.23. The oath of office of senators and 660
representatives, the president AND PRESIDENT PRO TEMPORE of the 661
senate, the speaker and speaker pro tempore of the house of 662
representatives, and the clerk of the senate, executive secretary 663
and legislative clerk of the house of representatives, and their 664
assistants, and the sergeant at arms, and assistant sergeant at 665
arms of each house, may be administered by a member or by a 666
person authorized to administer oaths.
Sec. 101.27. (A) Every member of the senate, except the 675
18
members elected president, president pro tempore, assistant 676
president pro tempore, majority whip, minority leader, assistant 677
minority leader, minority whip, and assistant minority whip, 678
shall receive as compensation a salary of thirty thousand one 679
hundred fifty-two dollars a year during his THE SENATOR'S term of 681
office, and every member of the house of representatives, except 682
the members elected speaker, speaker pro tempore, majority floor 683
leader, assistant majority floor leader, majority whip, assistant 684
majority whip, minority leader, assistant minority leader, 685
minority whip, and assistant minority whip, shall receive as 686
compensation a salary of thirty thousand one hundred fifty-two 687
dollars a year during his THE REPRESENTATIVE'S term of office. 688
Such salaries shall be paid in equal monthly installments during 690
such term. All monthly payments shall be made on or before the 691
fifth day of each month. Upon the death of any member of the 692
general assembly during his THE MEMBER'S term of office, any 694
unpaid salary due such member for the remainder of his THE 695
MEMBER'S term shall be paid to his THE MEMBER'S dependent, 696
surviving spouse, children, mother, or father, in the order in 697
which the relationship is set forth in this section in monthly 698
installments. 699
Each member shall receive a travel allowance of twenty and 701
one-half cents a PER mile each way, AT THE STANDARD MILEAGE RATE 703
ALLOWED BY THE INTERNAL REVENUE SERVICE FOR COMPUTING EMPLOYEE
CAR EXPENSES, for mileage once a week during the session from and 705
to his THE MEMBER'S place of residence, by the most direct 706
highway route of public travel to and from the seat of 707
government, to be paid quarterly on the last day of March, June, 708
September, and December of each year. 709
Beginning on January 1, 1985, the member of the senate 711
elected president and the member of the house of representatives 712
elected speaker shall each receive as compensation a salary of 713
forty-seven thousand dollars a year during his THE PRESIDENT'S OR 714
SPEAKER'S term of office. 715
19
The member of the senate elected president pro tempore, the 717
member of the senate elected minority leader, the member of the 718
house of representatives elected speaker pro tempore, and the 719
member of the house of representatives elected minority leader 720
shall each receive as compensation a salary of forty-two thousand 721
eight hundred eighty-three dollars a year during his THE MEMBER'S 723
term of office. The member of the house of representatives 724
elected majority floor leader and the member of the senate 725
elected assistant president pro tempore shall each receive as 726
compensation a salary of forty thousand three hundred ninety-four 727
dollars a year during his THE MEMBER'S term of office. The 728
member of the senate elected assistant minority leader and the 730
member of the house of representatives elected assistant minority 731
leader shall each receive as compensation a salary of thirty-nine 732
thousand one hundred fifty-two dollars a year during his THE 733
MEMBER'S term of office. The member of the senate elected 735
majority whip and the member of the house of representatives 736
elected assistant majority floor leader shall each receive a 737
salary of thirty-seven thousand nine hundred eight dollars a year 738
during his THE MEMBER'S term of office. The member of the senate 740
elected minority whip, the member of the house of representatives 741
elected majority whip, and the member of the house of 742
representatives elected minority whip shall each receive as 743
compensation a salary of thirty-five thousand four hundred
twenty-two dollars a year during his THE MEMBER'S term of office. 745
The member of the house of representatives elected assistant 746
majority whip shall receive as compensation a salary of 747
thirty-two thousand nine hundred thirty-five dollars a year 748
during his THE MEMBER'S term of office. The member of the house 750
of representatives elected assistant minority whip and the member 751
of the senate elected assistant minority whip shall each receive 752
a salary of thirty-one thousand five hundred forty-four dollars a 753
year during his THE MEMBER'S term of office. 755
The chairman CHAIRPERSON of the finance committee of each 757
20
house shall receive an additional sum of seven thousand dollars 759
annually. The chairman CHAIRPERSON of each standing committee of 760
each house other than the finance committee shall receive an 762
additional sum of five thousand dollars annually. The chairman 763
CHAIRPERSON of each standing subcommittee of a finance committee 765
shall receive an additional sum of five thousand dollars 766
annually. The vice-chairman VICE-CHAIRPERSON of the finance 768
committee of each house shall receive an additional sum of four 769
thousand dollars annually. The ranking minority member of a 770
finance committee that does not have any standing subcommittees 771
shall receive an additional sum of five thousand dollars 772
annually. The ranking minority member of a finance committee 773
that has one or more standing subcommittees shall receive an 774
additional sum of five thousand dollars. The ranking minority 775
member of each standing subcommittee of a finance committee shall 776
receive an additional sum of three thousand six hundred nine 777
dollars annually. The chairman CHAIRPERSON of each standing 778
subcommittee of each house other than a standing subcommittee of 779
the finance committee shall receive an additional sum of three 780
thousand six hundred nine dollars annually. The vice-chairman 781
VICE-CHAIRPERSON and ranking minority member of each standing 783
committee of each house other than the finance committee shall 784
each receive an additional sum of three thousand six hundred nine 785
dollars annually. Except for the ranking minority member of each 786
standing subcommittee of a finance committee, the ranking 787
minority member of each standing subcommittee of each house shall 788
receive an additional sum of one thousand eight hundred four 789
dollars annually. 790
No member may receive more than one additional sum for 792
serving as chairman CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, 794
or ranking minority member of a standing committee or standing 795
subcommittee, regardless of the number of standing committees or 796
standing subcommittees on which he THE MEMBER serves as chairman 797
CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, or ranking minority 798
21
member.
If a member is absent without leave, or is not excused on 800
his THE MEMBER'S return, there shall be deducted from his THE 802
MEMBER'S compensation twenty dollars for each day's absence. 803
(B)(1) During calendar year 1986, the salary of each 805
member and officer of the general assembly shall be one hundred 806
five per cent of those salaries prescribed by division (A) of 807
this section. 808
(2) During calendar year 1987, the salary of each member 810
and officer of the general assembly shall be one hundred five per 811
cent of those salaries prescribed by division (B)(1) of this 812
section. 813
(3) During calendar year 1988, the salary of each member 815
and officer of the general assembly shall be one hundred five per 816
cent of those salaries prescribed by division (B)(2) of this 817
section. 818
(4) During calendar year 1989, the salary of each officer 820
and member of the general assembly shall be one hundred five per 821
cent of those salaries prescribed by division (B)(3) of this 822
section. 823
(5) During calendar year 1990, the salary of each officer 825
and member of the general assembly shall be one hundred five per 826
cent of those salaries prescribed by division (B)(4) of this 827
section. 828
(6) During calendar year 1991, the salary of each officer 830
and member of the general assembly shall be one hundred five per 831
cent of those salaries prescribed by division (B)(5) of this 832
section. 833
(7) During calendar year 1992 and thereafter, the salary 835
of each officer and member of the general assembly shall be one 836
hundred five per cent of those salaries prescribed by division 837
(B)(6) of this section. 838
As used in this section, "finance committee" means the 840
finance committee of the senate and the finance-appropriations 841
22
committee of the house of representatives. 842
Sec. 101.35. There is hereby created in the general 851
assembly the joint committee on agency rule review. The 852
committee shall consist of five members of the house of 853
representatives and five members of the senate. Within fifteen 854
days after the commencement of the first regular session of each 855
general assembly, the speaker of the house of representatives 856
SHALL APPOINT THE MEMBERS OF THE COMMITTEE FROM THE HOUSE OF 857
REPRESENTATIVES, and the president of the senate shall each 858
appoint the members of the committee from his house; not THE 859
SENATE. NOT more than three of the members from each house shall 861
be of the same political party. In the first regular session of 862
a general assembly, the chairman CHAIRPERSON of the committee 864
shall be appointed by the speaker of the house from among the 865
house members of the committee, and the vice-chairman
VICE-CHAIRPERSON shall be appointed by the president of the 867
senate from among the senate members of the committee. In the 868
second regular session of a general assembly, the chairman 869
CHAIRPERSON shall be appointed by the president of the senate 871
from among the senate members of the committee, and the 872
vice-chairman VICE-CHAIRPERSON shall be appointed by the speaker 874
of the house from among the house members of the committee. The 875
chairman CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, and members 876
of the committee shall serve until their respective successors 877
are appointed or until they are no longer members of the general 878
assembly. When a vacancy occurs among the officers or members of 879
the committee, it shall be filled in the same manner as the 880
original appointment. 881
NOTWITHSTANDING SECTION 101.26 OF THE REVISED CODE, THE 883
MEMBERS, WHEN ENGAGED IN THEIR DUTIES AS MEMBERS OF THE 884
COMMITTEE, SHALL BE PAID AT THE PER DIEM RATE OF ONE HUNDRED 885
FIFTY DOLLARS, AND THEIR NECESSARY TRAVELING EXPENSES, WHICH 886
SHALL BE PAID FROM THE FUNDS APPROPRIATED FOR THE PAYMENT OF 887
EXPENSES OF LEGISLATIVE COMMITTEES. 888
23
The committee has the same powers as other standing or 890
select committees of the general assembly. Six members 891
constitute a quorum, and the concurrence of six members is 892
required for the recommendation of a concurrent resolution 893
invalidating a proposed or effective rule, amendment, rescission, 894
or part thereof, or for the suspension of a rule, amendment, 895
rescission, or part thereof, under division (I) of section 119.03 896
or section 119.031 of the Revised Code. 897
The committee may meet during periods in which the general 899
assembly has adjourned. At meetings of the committee, the 900
committee may request a rule-making agency, as defined in section 901
119.01 of the Revised Code, to provide information relative to 902
the agency's implementation of its statutory authority. 903
Sec. 102.02. (A) Except as otherwise provided in division 912
(H) of this section, every person who is elected to or is a 913
candidate for a state, county, or city office, or the office of 914
member of the United States congress, and every person who is 915
appointed to fill a vacancy for an unexpired term in such an 916
elective office; all members of the state board of education; the 918
director, assistant directors, deputy directors, division chiefs, 919
or persons of equivalent rank of any administrative department of 920
the state; the president or other chief administrative officer of 921
every state institution of higher education as defined in section 922
3345.011 of the Revised Code; the chief executive officer of each 923
state retirement system; all members of the board of 924
commissioners on grievances and discipline of the supreme court 925
and the ethics commission created under section 102.05 of the 926
Revised Code; every business manager, treasurer, or 927
superintendent of a city, local, exempted village, joint 928
vocational, or cooperative education school district or an 929
educational service center; every person who is elected to or is 930
a candidate for the office of member of a board of education of a 931
city, local, exempted village, joint vocational, or cooperative 932
education school district or of a governing board of an 933
24
educational service center that has an average daily membership 934
of twelve thousand or more as most recently certified to the 935
state board of education pursuant to division (A) of section 936
3317.03 of the Revised Code; every public official or employee 937
who is paid a salary or wage in accordance with schedule C of 938
section 124.15 or schedule E-2 of section 124.152 of the Revised 939
Code; and every other public official or employee who is 940
designated by the appropriate ethics commission pursuant to 941
division (B) of this section shall file with the appropriate 942
ethics commission on a form prescribed by the commission, a 943
statement disclosing:
(1) The name of the person filing the statement and each 945
member of the person's immediate family and all names under which 947
the person or members of the person's immediate family does 948
business;
(2)(a) Subject to divisions (A)(2)(b), and (c) of this 950
section and except as otherwise provided in section 102.022 of 951
the Revised Code, identification of every source of income, other 952
than income from a legislative agent identified in division 953
(A)(2)(b) of this section, received during the preceding calendar 954
year, in the person's own name or by any other person for the 956
person's use or benefit, by the person filing the statement, and 957
a brief description of the nature of the services for which the 958
income was received. If the person filing the statement is a 959
member of the general assembly, the statement shall identify the 960
amount of every source of income received in accordance with the 961
following ranges of amounts: zero or more but less than one 962
thousand dollars; one thousand dollars or more but less than ten 963
thousand dollars; ten thousand dollars or more but less than 964
twenty-five thousand dollars; twenty-five thousand dollars or 965
more but less than fifty thousand dollars; fifty thousand dollars 966
or more but less than one hundred thousand dollars; and one 967
hundred thousand dollars or more. Division (A)(2)(a) of this 968
section shall not be construed to require a person filing the 969
25
statement who derives income from a business or profession to 970
disclose the individual items of income that constitute the gross 971
income of that business or profession, except for those 972
individual items of income that are attributable to the person's 973
or, if the income is shared with the person, the partner's, 974
solicitation of services or goods or performance, arrangement, or 975
facilitation of services or provision of goods on behalf of the 976
business or profession of clients, including corporate clients, 977
who are legislative agents as defined in section 101.70 of the 978
Revised Code. A person who files the statement under this 979
section shall disclose the identity of and the amount of income 980
received from a person whom the public official or employee knows 981
or has reason to know is doing or seeking to do business of any 982
kind with the public official's or employee's agency. 983
(b) If the person filing the statement is a member of the 985
general assembly, the statement shall identify every source of 986
income and the amount of that income that was received from a 987
legislative agent, as defined in section 101.70 of the Revised 988
Code, during the preceding calendar year, in the person's own 990
name or by any other person for the person's use or benefit, by 991
the person filing the statement, and a brief description of the 993
nature of the services for which the income was received. 994
Division (A)(2)(b) of this section requires the disclosure of 995
clients of attorneys or persons licensed under section 4732.12 of 996
the Revised Code, or patients of persons certified under section 997
4731.14 of the Revised Code if those clients or patients are 998
legislative agents. Division (A)(2)(b) of this section requires 999
a person filing the statement who derives income from a business 1,000
or profession to disclose those individual items of income that 1,001
constitute the gross income of that business or profession that 1,002
are received from legislative agents. 1,003
(c) Except as otherwise provided in division (A)(2)(c) of 1,005
this section, division (A)(2)(a) of this section applies to 1,006
attorneys, physicians, and other persons who engage in the 1,007
26
practice of a profession and who, pursuant to a section of the 1,008
Revised Code, the common law of this state, a code of ethics 1,009
applicable to the profession, or otherwise, generally are 1,010
required not to reveal, disclose, or use confidences of clients, 1,011
patients, or other recipients of professional services except 1,012
under specified circumstances or generally are required to 1,013
maintain those types of confidences as privileged communications 1,014
except under specified circumstances. Division (A)(2)(a) of this 1,015
section does not require an attorney, physician, or other 1,016
professional subject to a confidentiality requirement as 1,017
described in division (A)(2)(c) of this section to disclose the 1,018
name, other identity, or address of a client, patient, or other 1,019
recipient of professional services if the disclosure would 1,020
threaten the client, patient, or other recipient of professional 1,021
services, would reveal details of the subject matter for which 1,022
legal, medical, or professional advice or other services were 1,023
sought, or would reveal an otherwise privileged communication 1,024
involving the client, patient, or other recipient of professional 1,025
services. Division (A)(2)(a) of this section does not require an 1,026
attorney, physician, or other professional subject to a 1,027
confidentiality requirement as described in division (A)(2)(c) of 1,028
this section to disclose in the brief description of the nature 1,029
of services required by division (A)(2)(a) of this section any 1,030
information pertaining to specific professional services rendered 1,031
for a client, patient, or other recipient of professional 1,032
services that would reveal details of the subject matter for 1,033
which legal, medical, or professional advice was sought or would 1,034
reveal an otherwise privileged communication involving the 1,035
client, patient, or other recipient of professional services. 1,036
(3) The name of every corporation on file with the 1,038
secretary of state that is incorporated in Ohio or holds a 1,039
certificate of compliance authorizing it to do business in this 1,040
state, trust, business trust, partnership, or association that 1,041
transacts business in Ohio in which the person filing the 1,042
27
statement or any other person for the person's use and benefit 1,044
had during the preceding calendar year an investment of over one 1,045
thousand dollars at fair market value as of the thirty-first day 1,046
of December of the preceding calendar year, or the date of 1,047
disposition, whichever is earlier, or in which the person holds 1,048
any office or has a fiduciary relationship, and a description of 1,049
the nature of the investment, office, or relationship. This 1,050
division does not require disclosure of the name of any bank, 1,051
savings and loan association, credit union, or building and loan 1,052
association with which the person filing the statement has a 1,053
deposit or a withdrawable share account. 1,054
(4) All fee simple and leasehold interests to which the 1,056
person filing the statement holds legal title to or a beneficial 1,057
interest in real property located within the state, excluding the 1,058
person's residence and property used primarily for personal 1,059
recreation; 1,060
(5) The names of all persons residing or transacting 1,062
business in the state to whom the person filing the statement 1,063
owes, in the person's own name or in the name of any other 1,064
person, more than one thousand dollars. This division shall not 1,066
be construed to require the disclosure of debts owed by the 1,067
person resulting from the ordinary conduct of a business or 1,068
profession or debts on the person's residence or real property 1,069
used primarily for personal recreation, except that the 1,070
superintendent of financial institutions shall disclose the names 1,072
of all state-chartered savings and loan associations and of all
service corporations subject to regulation under division (E)(2) 1,073
of section 1151.34 of the Revised Code to whom the superintendent 1,074
in the superintendent's own name or in the name of any other 1,075
person owes any money, and that the superintendent and any deputy 1,077
superintendent of banks shall disclose the names of all 1,078
state-chartered banks and all bank subsidiary corporations 1,079
subject to regulation under section 1109.44 of the Revised Code 1,080
to whom the superintendent or deputy superintendent owes any 1,081
28
money.
(6) The names of all persons residing or transacting 1,083
business in the state, other than a depository excluded under 1,084
division (A)(3) of this section, who owes more than one thousand 1,085
dollars to the person filing the statement, either in the 1,086
person's own name or to any person for the person's use or 1,088
benefit. This division shall not be construed to require the 1,089
disclosure of clients of attorneys or persons licensed under 1,090
section 4732.12 or 4732.15 of the Revised Code, or patients of 1,091
persons certified under section 4731.14 of the Revised Code, nor 1,092
the disclosure of debts owed to the person resulting from the 1,093
ordinary conduct of a business or profession. 1,094
(7) Except as otherwise provided in section 102.022 of the 1,096
Revised Code, the source of each gift of over seventy-five 1,097
dollars, or of each gift of over twenty-five dollars received by 1,098
a member of the general assembly from a legislative agent, 1,099
received by the person in the person's own name or by any other 1,101
person for the person's use or benefit during the preceding 1,102
calendar year, except gifts received by will or by virtue of 1,104
section 2105.06 of the Revised Code, or received from spouses, 1,105
parents, grandparents, children, grandchildren, siblings, 1,106
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 1,107
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 1,108
any person to whom the person filing the statement stands in loco 1,109
parentis, or received by way of distribution from any inter vivos 1,110
or testamentary trust established by a spouse or by an ancestor; 1,111
(8) Except as otherwise provided in section 102.022 of the 1,113
Revised Code, identification of the source and amount of every 1,114
payment of expenses incurred for travel to destinations inside or 1,115
outside this state that is received by the person in the person's 1,117
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official 1,118
duties except for expenses for travel to meetings or conventions 1,119
of a national or state organization to which either house of the 1,120
29
general assembly, any legislative agency, a state institution of 1,121
higher education as defined in section 3345.031 of the Revised 1,122
Code, any other state agency, or any political subdivision or any 1,123
office or agency of a political subdivision pays membership dues. 1,124
(9) Except as otherwise provided in section 102.022 of the 1,126
Revised Code, identification of the source of payment of expenses 1,127
for meals and other food and beverages, other than for meals and 1,128
other food and beverages provided at a meeting at which the 1,129
person participated in a panel, seminar, or speaking engagement 1,130
or at a meeting or convention of a national or state organization 1,131
to which either house of the general assembly, any legislative 1,132
agency, a state institution of higher education as defined in 1,133
section 3345.031 of the Revised Code, any other state agency, or 1,134
any political subdivision or any office or agency of a political 1,135
subdivision pays membership dues, that are incurred in connection 1,136
with the person's official duties and that exceed one hundred 1,137
dollars aggregated per calendar year; 1,138
(10) If the financial disclosure statement is filed by a 1,140
public official or employee described in division (B)(2) of 1,141
section 101.73 of the Revised Code or division (B)(2) of section 1,142
121.63 of the Revised Code who receives a statement from a 1,143
legislative agent, executive agency lobbyist, or employer that 1,144
contains the information described in division (F)(2) of section 1,145
101.73 of the Revised Code or division (G)(2) of section 121.63 1,146
of the Revised Code, all of the nondisputed information contained 1,147
in the statement delivered to that public official or employee by 1,148
the legislative agent, executive agency lobbyist, or employer 1,149
under division (F)(2) of section 101.73 or (G)(2) of section 1,150
121.63 of the Revised Code. As used in division (A)(10) of this 1,151
section, "legislative agent," "executive agency lobbyist," and 1,152
"employer" have the same meanings as in sections 101.70 and 1,153
121.60 of the Revised Code. 1,154
A person may file a statement required by this section in 1,156
person or by mail. A person who is a candidate for elective 1,157
30
office shall file the statement no later than the thirtieth day 1,158
before the primary, special, or general election at which such 1,159
candidacy is to be voted on, whichever election occurs sooner, 1,160
except a person who is a write-in candidate shall file the 1,161
statement no later than the twentieth day before the earliest 1,162
election at which the person's candidacy is to be voted on. A 1,164
person who holds elective office shall file the statement on or
before the fifteenth day of April of each year, unless the person 1,165
is a candidate for office. A person who is appointed to fill a 1,167
vacancy for an unexpired term in an elective office shall file 1,168
the statement within fifteen days after the person qualifies for 1,169
office. Other persons shall file an annual statement on or 1,171
before the fifteenth day of April or, if appointed or employed 1,172
after that date, within ninety days after appointment or 1,173
employment. No person shall be required to file with the 1,174
appropriate ethics commission more than one statement or pay more 1,175
than one filing fee for any one calendar year. 1,176
The appropriate ethics commission, for good cause, may 1,178
extend for a reasonable time the deadline for filing a disclosure 1,179
statement under this section. 1,180
A statement filed under this section is subject to public 1,182
inspection at locations designated by the appropriate ethics 1,183
commission except as otherwise provided in this section. 1,184
(B) The Ohio ethics commission, the joint legislative 1,186
ethics committee, and the board of commissioners on grievances 1,187
and discipline of the supreme court, using the rule-making 1,188
procedures of Chapter 119. of the Revised Code, may require any 1,189
class of public officials or employees under its jurisdiction and 1,190
not specifically excluded by this section whose positions involve 1,191
a substantial and material exercise of administrative discretion 1,192
in the formulation of public policy, expenditure of public funds, 1,193
enforcement of laws and rules of the state or a county or city, 1,194
or the execution of other public trusts, to file an annual 1,195
statement on or before the fifteenth day of April under division 1,196
31
(A) of this section. The appropriate ethics commission shall 1,197
send the public officials or employees written notice of the 1,198
requirement by the fifteenth day of February of each year the 1,199
filing is required, unless the public official or employee is 1,200
appointed after that date, in which case the notice shall be sent 1,201
within thirty days after appointment, and the filing shall be 1,202
made not later than ninety days after appointment. 1,203
Disclosure statements filed under this division with the 1,205
Ohio ethics commission by members of boards, commissions, or 1,206
bureaus of the state for which no compensation is received other 1,207
than reasonable and necessary expenses shall be kept 1,208
confidential. Disclosure statements filed with the Ohio ethics 1,210
commission under division (A) of this section by business 1,211
managers, treasurers, and superintendents of city, local, 1,212
exempted village, joint vocational, or cooperative education 1,213
school districts or educational service centers shall be kept 1,214
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 1,215
of the Revised Code may examine the disclosure statement of any 1,216
business manager, treasurer, or superintendent of that school 1,217
district or educational service center. The Ohio ethics 1,218
commission shall examine each disclosure statement required to be 1,219
kept confidential to determine whether a potential conflict of 1,220
interest exists for the person who filed the disclosure 1,221
statement. A potential conflict of interest exists if the 1,222
private interests of the person, as indicated by the person's 1,223
disclosure statement, might interfere with the public interests 1,225
the person is required to serve in the exercise of the person's 1,226
authority and duties in the person's office or position of 1,227
employment. If the commission determines that a potential 1,228
conflict of interest exists, it shall notify the person who filed 1,229
the disclosure statement and shall make the portions of the 1,230
disclosure statement that indicate a potential conflict of 1,231
interest subject to public inspection in the same manner as is 1,232
32
provided for other disclosure statements. Any portion of the 1,233
disclosure statement that the commission determines does not 1,234
indicate a potential conflict of interest shall be kept 1,235
confidential by the commission and shall not be made subject to 1,236
public inspection, except as is necessary for the enforcement of 1,237
Chapters 102. and 2921. of the Revised Code and except as 1,238
otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before 1,240
the applicable filing deadline under this section, a statement 1,241
that is required by this section. 1,242
(D) No person shall knowingly file a false statement that 1,244
is required to be filed under this section. 1,245
(E)(1) Except as provided in divisions (E)(2) and (3) of 1,247
this section, on and after March 2, 1994, the statement required 1,248
by division (A) or (B) of this section shall be accompanied by a 1,249
filing fee of twenty-five dollars. 1,250
(2) The statement required by division (A) of this section 1,252
shall be accompanied by a filing fee to be paid by the person who 1,253
is elected or appointed to or is a candidate for any of the 1,254
following offices: 1,255
For state office, except member of 1,257
state board of education $50 1,258
For office of member of United States 1,259
congress or member of general assembly $25 1,260
For county office $25 1,261
FOR CITY OFFICE $10 1,262
For office of member of state board 1,263
of education $10 1,264
For office of member of city, local, 1,265
exempted village, or cooperative 1,266
education board of 1,267
education or educational service 1,268
center governing board $ 5 1,269
For position of business manager, 1,270
33
treasurer, or superintendent of 1,271
city, local, exempted village, joint 1,272
vocational, or cooperative education 1,273
school district or 1,274
educational service center $ 5 1,275
(3) No judge of a court of record or candidate for judge 1,277
of such a court, and no referee or magistrate serving a court of 1,278
record, shall be required to pay the fee required under division 1,279
(E)(1) or (2), or (F) of this section. 1,280
(4) For any public official who is appointed to a 1,282
nonelective office of the state and for any employee who holds a 1,283
nonelective position in a public agency of the state, the state 1,284
agency that is the primary employer of the state official or 1,285
employee shall pay the fee required under division (E)(1) or (F) 1,286
of this section. 1,287
(F) If a statement required to be filed under this section 1,289
is not filed by the date on which it is required to be filed, the 1,290
appropriate ethics commission shall assess the person required to 1,291
file the statement a late filing fee equal to one-half of the 1,292
applicable filing fee for each day the statement is not filed, 1,293
except that the total amount of the late filing fee shall not 1,294
exceed one hundred dollars. 1,295
(G)(1) The appropriate ethics commission other than the 1,297
Ohio ethics commission shall deposit all fees it receives under 1,298
divisions (E) and (F) of this section into the general revenue 1,299
fund of the state. 1,300
(2) The Ohio ethics commission shall deposit all fees it 1,302
receives under divisions (E) and (F) of this section and all 1,303
moneys it receives from settlements under division (G) of section 1,304
102.06 of the Revised Code into the Ohio ethics commission fund, 1,305
which is hereby created in the state treasury. All moneys 1,306
credited to the fund shall be used solely for expenses related to 1,307
the operation of the commission. 1,308
(H) Division (A) of this section does not apply to a 1,310
34
person elected or appointed to the office of precinct, ward, or 1,311
district committee member under Chapter 3517. of the Revised 1,312
Code; a presidential elector; a delegate to a national 1,313
convention; village or township officials and employees; any 1,314
physician or psychiatrist who is paid a salary or wage in 1,315
accordance with schedule C of section 124.15 or schedule E-2 of 1,316
section 124.152 of the Revised Code and whose primary duties do 1,317
not require the exercise of administrative discretion; or any 1,318
member of a board, commission, or bureau of any county or city 1,319
who receives less than one thousand dollars per year for serving 1,320
in that position. 1,321
Sec. 103.143. In addition to its duties under section 1,330
103.14 of the Revised Code, the legislative budget office of the 1,331
legislative service commission shall, in accordance with this 1,332
section, review all bills assigned to a committee of the general 1,333
assembly, complete the appropriate local impact statements 1,334
required by this section, and compile and distribute these 1,335
statements as required by division (D) of this section. 1,336
(A) Whenever any bill THAT DOES NOT CONTAIN AN 1,338
APPROPRIATION is introduced into either house of the general 1,340
assembly and receives second consideration pursuant to the rules 1,341
of that house, the bill shall be reviewed immediately by the 1,342
legislative budget officer. Upon completing this review, the 1,343
legislative budget officer shall determine whether the bill could 1,344
result in a net additional cost to school districts, counties, 1,345
townships, or municipal corporations from any new or expanded 1,346
program or service that school districts, counties, townships, or 1,347
municipal corporations would be required to perform or administer 1,348
under the bill. If he THE LEGISLATIVE BUDGET OFFICER determines 1,349
that it could result in such a cost, the legislative budget 1,350
office shall prepare a local impact statement in the manner 1,351
specified in this section. Immediately upon determining the 1,352
potential for a net additional cost, the legislative budget 1,353
officer shall notify the sponsor of the bill, the chairman 1,354
35
CHAIRPERSON of the committee to which the bill has been assigned, 1,356
and the presiding officer and minority leader of the house in 1,357
which the bill originates of his THE LEGISLATIVE BUDGET OFFICER'S 1,358
determination by signing and dating a statement to be delivered 1,359
to them. 1,360
If a local impact statement is required, the legislative 1,362
budget office shall, as soon as possible but no later than thirty 1,363
days after the date the bill is scheduled for a first hearing in 1,364
a committee in the house in which the bill was introduced or no 1,365
later than thirty days after being requested to do so by the 1,366
chairman CHAIRPERSON of such a committee, prepare a statement 1,367
containing the most accurate estimate possible, in dollars, of 1,368
the net additional costs, if any, that will be required of school 1,369
districts, counties, townships, or municipal corporations to 1,370
perform or administer a new or expanded program or service 1,371
required under the bill. Copies of this statement shall be sent 1,372
to the governor, the speaker of the house of representatives, the 1,373
president of the senate, the sponsor of the bill, the minority 1,374
leader in both houses, and the chairman CHAIRPERSON of the 1,375
committee to which the bill has been assigned. 1,377
No bill for which a local impact statement is required by 1,379
this section shall be voted out of committee until after the 1,380
committee members have received and considered the statement or, 1,381
if the bill was amended in committee, the revised statement, 1,382
unless the bill is voted out of committee by a two-thirds vote of 1,383
the membership of the committee. 1,384
(B) In preparing a local impact statement, the legislative 1,386
budget office may request any department, division, institution, 1,387
board, commission, authority, bureau, or other instrumentality or 1,388
officer of the state, a school district, a county, a municipal 1,389
corporation, or a township to provide any of the following 1,390
information: 1,391
(1) An estimate, in dollars, of the amount by which the 1,393
bill would increase or decrease the revenues received or 1,394
36
expenditures made by the instrumentality, officer, or entity; 1,395
(2) Any other information the legislative budget office 1,397
considers necessary for it to understand or explain the fiscal 1,398
effect of the bill. 1,399
An instrumentality, officer, or entity shall comply with a 1,401
request as soon as reasonably possible, but not later than 1,402
fifteen days, after receiving it. The legislative budget office 1,403
shall specify the manner of compliance in its request, and if 1,404
necessary may specify a period of time longer than fifteen days 1,405
for compliance. The legislative budget office may consider any 1,406
information provided under division (B)(1) or (2) of this section 1,407
in preparing a local impact statement. 1,408
(C) Any time a bill is amended, the legislative budget 1,410
office shall, as soon as reasonably possible, revise the local 1,411
impact statement to reflect changes made by amendment. 1,412
(D) The legislative budget office shall annually compile 1,414
the final local impact statements completed for all laws passed 1,415
by both houses of the general assembly in the preceding year. It 1,416
shall send a copy of this compilation as a draft report to the 1,417
state and local government commission and to associations or 1,418
nonprofit organizations formed for the improvement of school 1,419
districts or municipal, township, or county government or for 1,420
their elected officials by the last day of July of each year. 1,421
Upon receiving the draft report, the state and local government 1,422
commission shall solicit comments from these associations and 1,423
organizations about the actual fiscal impact of bills passed 1,424
during the year covered by the report. The commission shall 1,425
review and comment on the draft report before returning it to the 1,426
legislative budget office, along with the comments of the 1,427
associations and organizations, by the last day of August. The 1,428
legislative budget office shall then prepare a final report 1,429
consisting of the compiled local impact statements and all 1,430
comments returned by the state and local government commission. 1,431
The final report shall be completed by the last day of September 1,432
37
and copies of the report shall be sent to the governor, the 1,433
speaker of the house of representatives, and the president of the 1,434
senate. 1,435
(E) As used in this section, "net additional cost" means 1,437
any cost incurred or anticipated to be incurred by a school 1,438
district, county, township, or municipal corporation in 1,439
performing or administering a new or expanded program or service 1,440
required by a state law other than any of the following: 1,441
(1) A cost arising from the exercise of authority granted 1,443
by a state law rather than from the performance of a duty or 1,444
obligation imposed by a state law; 1,445
(2) New duties or obligations that create only a minimal 1,447
cost for affected school districts, counties, townships, or 1,448
municipal corporations. The legislative budget office shall 1,449
determine what constitutes such a minimal cost. Before making 1,450
this determination, the legislative budget office shall notify 1,451
the state organizations that represent school districts, 1,452
counties, townships, and municipal corporations regarding the 1,453
proposed determination and provide a thirty-day period for these 1,454
organizations and individual school districts, counties, 1,455
townships, and municipal corporations to comment on it. 1,456
(3) A cost arising from a law passed as a result of a 1,458
federal mandate. 1,459
The amounts described in division (E)(2) of this section 1,461
include only the amounts remaining after subtracting from such 1,462
costs any revenues received or receivable by the school district, 1,463
county, township, or municipal corporation on account of the 1,464
program or service, including the following: 1,465
(i) Fees charged to the recipients of the program or 1,467
service; 1,468
(ii) State or federal aid paid specifically or 1,470
categorically in connection with the program or service; 1,471
(iii) Any offsetting savings resulting from the diminution 1,473
or elimination of any other program or service directly 1,474
38
attributable to the performance or administration of the required 1,475
program or service. 1,476
Sec. 103.21. (A) The compensation of the director and all 1,485
officers and employees of the Ohio legislative service 1,486
commission, the expenses of the commission, and the expenses of 1,487
the director and the employees of the commission shall be paid 1,488
out of appropriations made for that purpose upon vouchers signed 1,489
APPROVED by the director and the chairman CHAIRPERSON of the 1,491
commission.
(B) The director of budget and management shall, upon the 1,493
request of the director of the legislative service commission and 1,495
with the approval of the chairman CHAIRPERSON and vice-chairman 1,496
VICE-CHAIRPERSON of the commission, SHALL make transfers between 1,497
any appropriations made to the commission. 1,499
Sec. 107.30. During each year in which a new governor is 1,508
elected, the THE general assembly shall make an appropriation, IN 1,510
THE OPERATING BUDGET FOR THE FISCAL YEAR IN WHICH A NEW GOVERNOR 1,511
IS ELECTED, TO THE OFFICE OF BUDGET AND MANAGEMENT from 1,512
unearmarked funds in the general revenue fund for the purchase of 1,513
supplies and equipment and, the payment of salaries for the 1,515
GOVERNOR-ELECT'S immediate staff, RENTAL OR OTHER CHARGES FOR 1,516
OFFICE SPACE, THE RENTAL OR PURCHASE OF EQUIPMENT AND FURNITURE, 1,517
PRINTING AND DISTRIBUTION OF THE INAUGURAL ADDRESS AS REQUIRED BY
SECTION 149.04 OF THE REVISED CODE, AND OTHER REASONABLE EXPENSES 1,518
of the governor-elect during the period of transition. 1,520
Sec. 107.40. (A) There is hereby created the governor's 1,530
residence advisory commission. The commission shall provide for 1,531
the preservation, restoration, acquisition, and conservation of 1,532
all decorations, objects of art, chandeliers, china, silver, 1,533
statues, paintings, furnishings, accouterments, and other 1,534
aesthetic materials that have been acquired, donated, loaned, or 1,535
otherwise obtained by the state for the governor's residence. 1,536
(B) The commission shall be responsible for the care, 1,539
provision, repair, and placement of furnishings and other objects 1,540
39
and accessories of the grounds and public areas of the first 1,541
story of the governor's residence. In exercising this 1,542
responsibility, the commission shall preserve and seek to further 1,543
establish the authentic ambiance and decor of the historic era 1,544
during which the governor's residence was constructed. These 1,545
duties shall not affect the obligation of the department of 1,546
administrative services to provide for the general maintenance 1,547
and operating expenses of the governor's residence. 1,548
(C) The commission shall consist of nine members. One 1,551
member shall be the director of administrative services or the 1,552
director's designee, who shall serve during the director's term 1,553
of office and shall serve as chair CHAIRPERSON. One member shall 1,554
be the director of the Ohio historical society or the director's 1,556
designee, who shall serve during the director's term of office 1,557
and shall serve as vice-chair VICE-CHAIRPERSON. One member shall 1,558
represent the Columbus landmarks foundation. One member shall 1,560
represent the Bexley historical society. The remaining five 1,562
members shall be appointed by the governor with the advice and 1,563
consent of the senate. Not more than three of the members 1,564
appointed by the governor shall be affiliated with the same 1,565
political party. The five members appointed by the governor 1,566
shall be persons with knowledge of Ohio history, architecture, 1,567
decorative arts, or historic preservation. 1,568
(D) Of the initial appointees, the representative of the 1,570
Columbus landmarks foundation shall serve for a term expiring 1,571
December 31, 1996, and the representative of the Bexley 1,572
historical society shall serve for a term expiring December 31, 1,574
1997. Of the five members appointed by the governor, three shall 1,575
serve for terms ending December 31, 1998, and two shall serve for 1,576
terms ending December 31, 1999. Thereafter, each term shall be 1,577
for four years, commencing on the first day of January and ending 1,578
on the last day of December. Each member shall hold office from 1,579
the date of the member's appointment until the end of the term 1,580
for which the member was appointed. Any member appointed to fill 1,581
40
a vacancy occurring prior to the end of the term for which the 1,582
member's predecessor was appointed shall hold office for the 1,583
remainder of the term. Any member shall continue in office 1,584
subsequent to the expiration of the term until the member's 1,585
successor takes office.
(E) Five members of the commission constitute a quorum, 1,588
and the affirmative vote of five members is required for approval 1,589
of any action by the commission. 1,590
(F) After each initial member of the commission has been 1,593
appointed, the commission shall meet and select one member as 1,594
secretary and another as treasurer. Organizational meetings of 1,595
the commission shall be held at the time and place designated by 1,596
call of the chair CHAIRPERSON. Meetings of the commission may be 1,598
held anywhere in the state and shall be in compliance with 1,599
Chapters 121. and 149. of the Revised Code. The commission may 1,600
adopt, pursuant to section 111.15 of the Revised Code, rules 1,602
necessary to carry out the purposes of this section. 1,603
(G) Members of the commission shall serve without 1,606
remuneration but shall be compensated for actual and necessary 1,607
expenses incurred in the performance of their official duties. 1,608
(H) All expenses incurred in carrying out this section are 1,611
payable solely from money accrued under this section or 1,612
appropriated for these purposes by the general assembly, and the 1,613
commission shall incur no liability or obligation beyond such 1,614
money.
(I) The commission may accept any donation, gift, bequest, 1,617
or devise in furtherance of its duties. Any revenue received by 1,618
the commission shall be deposited into the governor's residence 1,619
fund, which is hereby established in the state treasury, for use 1,620
by the commission in accordance with the performance of its 1,621
duties. All investment earnings of the fund shall be credited to 1,622
the fund. Title to all property acquired by the commission shall 1,623
be taken in the name of the state and shall be held for the use 1,624
and benefit of the commission. 1,625
41
(J) Nothing in this section limits the ability of a person 1,628
or other entity to purchase decorations, objects of art, 1,629
chandeliers, china, silver, statues, paintings, furnishings, 1,630
accouterments, or other aesthetic materials for placement in the 1,631
governor's residence or donation to the commission. No such 1,632
object, however, shall be placed on the grounds or public areas 1,633
of the first story of the governor's residence without the 1,634
consent of the commission.
Sec. 111.15. (A) As used in this section: 1,643
(1) "Rule" includes any rule, regulation, bylaw, or 1,645
standard having a general and uniform operation adopted by an 1,646
agency under the authority of the laws governing the agency; any 1,647
appendix to a rule; and any internal management rule. "Rule" 1,648
does not include any guideline adopted pursuant to section 1,649
3301.0714 of the Revised Code, any order respecting the duties of 1,650
employees, any finding, any determination of a question of law or 1,651
fact in a matter presented to an agency, or any rule promulgated 1,652
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 1,653
of section 5117.02, or section 5703.14 of the Revised Code. 1,654
"Rule" includes any amendment or rescission of a rule. 1,655
(2) "Agency" means any governmental entity of the state 1,657
and includes, but is not limited to, any board, department, 1,658
division, commission, bureau, society, council, institution, 1,659
state college or university, community college district, 1,660
technical college district, or state community college. "Agency" 1,661
does not include the general assembly or any court. 1,662
(3) "Internal management rule" means any rule, regulation, 1,664
bylaw, or standard governing the day-to-day staff procedures and 1,665
operations within an agency. 1,666
(4) "Substantive revision" has the same meaning as in 1,668
division (J) of section 119.01 of the Revised Code. 1,669
(B)(1) Any rule, other than a rule of an emergency nature, 1,671
adopted by any agency pursuant to this section shall be effective 1,672
on the tenth day after the day on which the rule in final form 1,673
42
and in compliance with division (B)(3) of this section is filed 1,674
as follows: 1,675
(a) Two certified copies of the rule shall be filed with 1,677
both the secretary of state and the director of the legislative 1,678
service commission; 1,679
(b) Two certified copies of the rule shall be filed with 1,681
the joint committee on agency rule review. Division (B)(1)(b) of 1,682
this section does not apply to any rule to which division (D) of 1,683
this section does not apply. 1,684
An agency that adopts or amends a rule that is subject to 1,686
division (D) of this section shall assign a review date to the 1,688
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 1,689
assigned to a rule exceeds the five-year maximum, the review date 1,690
for the rule is five years after its effective date. A rule with 1,691
a review date is subject to review under section 119.032 of the 1,692
Revised Code. This paragraph does not apply to a rule of a state 1,694
college or university, community college district, technical
college district, or state community college. 1,695
If all copies are not filed on the same day, the rule shall 1,697
be effective on the tenth day after the day on which the latest 1,698
filing is made. If an agency in adopting a rule designates an 1,699
effective date that is later than the effective date provided for 1,700
by division (B)(1) of this section, the rule if filed as required 1,701
by such division shall become effective on the later date 1,702
designated by the agency. 1,703
Any rule that is required to be filed under division (B)(1) 1,705
of this section is also subject to division (D) of this section 1,706
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 1,708
or (8) of this section.
(2) A rule of an emergency nature necessary for the 1,710
immediate preservation of the public peace, health, or safety 1,711
shall state the reasons for the necessity. Copies of the 1,712
emergency rule, in final form and in compliance with division 1,713
43
(B)(3) of this section, shall be filed as follows: two certified 1,714
copies of the emergency rule shall be filed with both the 1,715
secretary of state and the director of the legislative service 1,716
commission, and one certified copy of the emergency rule shall be 1,717
filed with the joint committee on agency rule review. The 1,718
emergency rule is effective immediately upon the latest filing, 1,719
except that if the agency in adopting the emergency rule 1,720
designates an effective date, or date and time of day, that is 1,721
later than the effective date and time provided for by division 1,722
(B)(2) of this section, the emergency rule if filed as required 1,723
by such division shall become effective at the later date, or 1,724
later date and time of day, designated by the agency. 1,725
An emergency rule becomes invalid at the end of the 1,727
ninetieth day it is in effect. Prior to that date, the agency 1,728
may file the emergency rule as a nonemergency rule in compliance 1,729
with division (B)(1) of this section. The agency may not refile 1,730
the emergency rule in compliance with division (B)(2) of this 1,731
section so that, upon the emergency rule becoming invalid under 1,732
such division, the emergency rule will continue in effect without 1,733
interruption for another ninety-day period. 1,734
(3) An agency shall file a rule under division (B)(1) or 1,736
(2) of this section in compliance with the following standards 1,737
and procedures: 1,738
(a) The rule shall be numbered in accordance with the 1,740
numbering system devised by the director for the Ohio 1,741
administrative code. 1,742
(b) The rule shall be prepared and submitted in compliance 1,744
with the rules of the legislative service commission. 1,745
(c) The rule shall clearly state the date on which it is 1,747
to be effective and the date on which it will expire, if known. 1,748
(d) Each rule that amends or rescinds another rule shall 1,750
clearly refer to the rule that is amended or rescinded. Each 1,751
amendment shall fully restate the rule as amended. 1,752
If the director of the legislative service commission or 1,754
44
the director's designee gives an agency written notice pursuant 1,756
to section 103.05 of the Revised Code that a rule filed by the 1,757
agency is not in compliance with the rules of the legislative 1,758
service commission, the agency shall within thirty days after 1,759
receipt of the notice conform the rule to the rules of the 1,760
commission as directed in the notice. 1,761
(C) All rules filed pursuant to divisions (B)(1)(a) and 1,763
(2) of this section shall be recorded by the secretary of state 1,764
and the director under the title of the agency adopting the rule 1,765
and shall be numbered according to the numbering system devised 1,766
by the director. The secretary of state and the director shall 1,767
preserve the rules in an accessible manner. Each such rule shall 1,768
be a public record open to public inspection and may be lent to 1,769
any law publishing company that wishes to reproduce it. 1,770
(D) At least sixty days before a board, commission, 1,772
department, division, or bureau of the government of the state 1,773
files a rule under division (B)(1) of this section, it shall file 1,774
two copies of the full text of the proposed rule with the joint 1,776
committee on agency rule review, and the proposed rule shall be 1,777
IS subject to legislative review and invalidation under division 1,779
(I) of section 119.03 of the Revised Code. If a state board, 1,780
commission, department, division, or bureau makes a substantive 1,781
revision in a proposed rule after it is filed with the joint 1,782
committee, the state board, commission, department, division, or 1,784
bureau shall promptly file two copies of the full text of the 1,786
proposed rule in its revised form with the joint committee. The 1,787
latest version of a proposed rule as filed with the joint 1,788
committee supersedes each earlier version of the text of the same 1,790
proposed rule. Except as provided in division (F) of this 1,791
section, a state board, commission, department, division, or 1,792
bureau shall attach one copy of the rule summary and fiscal 1,793
analysis prepared under section 121.24 or 127.18 of the Revised 1,794
Code, or both, to each copy of a proposed rule, and to each copy 1,795
of a proposed rule in revised form, that is filed under this 1,796
45
division. 1,797
AS USED IN THIS DIVISION, "COMMISSION" INCLUDES THE PUBLIC 1,799
UTILITIES COMMISSION WHEN ADOPTING RULES UNDER A FEDERAL OR STATE 1,800
STATUTE.
This division does not apply to any of the following: 1,802
(1) A proposed rule of an emergency nature; 1,804
(2) A rule proposed under section 1121.05, 1121.06, 1,806
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 1,807
4123.411, 4123.44, or 4123.442 of the Revised Code; 1,809
(3) A rule proposed by an agency other than a board, 1,811
commission, department, division, or bureau of the government of 1,812
the state; 1,813
(4) A proposed internal management rule of a board, 1,815
commission, department, division, or bureau of the government of 1,816
the state; 1,817
(5) A rule proposed by the Ohio student aid commission, 1,819
that complies with a federal law or rule, so long as the proposed 1,820
rule contains both of the following: 1,821
(a) A statement that it is proposed for the purpose of 1,823
complying with a federal law or rule; 1,824
(b) A citation to the federal law or rule that requires 1,826
compliance. 1,827
(6) Any proposed rule that must be adopted verbatim by an 1,829
agency pursuant to federal law or rule, to become effective 1,830
within sixty days of adoption, in order to continue the operation 1,831
of a federally reimbursed program in this state, so long as the 1,832
proposed rule contains both of the following: 1,833
(a) A statement that it is proposed for the purpose of 1,835
complying with a federal law or rule; 1,836
(b) A citation to the federal law or rule that requires 1,838
verbatim compliance. 1,839
(7) An initial rule proposed by the director of health to 1,841
impose safety standards, quality-of-care standards, and 1,842
quality-of-care data reporting requirements with respect to a 1,843
46
health service specified in section 3702.11 of the Revised Code, 1,844
or an initial rule proposed by the director to impose quality 1,845
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 1,846
Code requires that the rule be adopted under this section; 1,847
(8) A rule of the state lottery commission pertaining to 1,849
instant game rules. 1,850
(E) Whenever a state board, commission, department, 1,852
division, or bureau files a proposed rule or a proposed rule in 1,853
revised form under division (D) of this section, it shall also 1,854
file one copy of the full text of the same proposed rule or 1,855
proposed rule in revised form with the secretary of state and two 1,856
copies thereof with the director of the legislative service 1,857
commission. Except as provided in division (F) of this section, 1,858
a state board, commission, department, division, or bureau shall 1,859
attach a copy of the rule summary and fiscal analysis prepared 1,860
under section 121.24 or 127.18 of the Revised Code, or both, to 1,861
each copy of a proposed rule or proposed rule in revised form 1,862
that is filed with the secretary of state or the director of the 1,863
legislative service commission. 1,864
(F) Except as otherwise provided in this division, the 1,866
auditor of state or the auditor of state's designee is not 1,867
required to attach a rule summary and fiscal analysis to any copy 1,869
of a proposed rule, or proposed rule in revised form, that the 1,870
auditor of state proposes under section 117.12, 117.19, 117.38, 1,872
or 117.43 of the Revised Code and files under division (D) or (E) 1,873
of this section. If, however, the auditor of state or the 1,874
designee prepares a rule summary and fiscal analysis of the 1,875
original version of such a proposed rule for purposes of 1,876
complying with section 121.24 of the Revised Code, the auditor of 1,877
state or designee shall attach a copy of the rule summary and 1,878
fiscal analysis to each copy of the original version of the 1,879
proposed rule filed under division (D) or (E) of this section. 1,880
Sec. 111.16. The secretary of state shall charge and 1,890
47
collect, for the benefit of the state, the following fees: 1,891
(A) For filing and recording articles of incorporation OF 1,893
A DOMESTIC CORPORATION, including designation of agent: 1,894
(1) Wherein the corporation shall not be authorized to 1,896
issue any shares of capital stock, twenty-five dollars. 1,897
(2) Wherein the corporation shall be authorized to issue 1,899
shares of capital stock, with or without par value: 1,900
(a) Ten cents for each share authorized up to and 1,902
including one thousand shares; 1,903
(b) Five cents for each share authorized in excess of one 1,905
thousand shares up to and including ten thousand shares; 1,906
(c) Two cents for each share authorized in excess of ten 1,908
thousand shares up to and including fifty thousand shares; 1,909
(d) One cent for each share authorized in excess of fifty 1,911
thousand shares up to and including one hundred thousand shares; 1,912
(e) One-half cent for each share authorized in excess of 1,914
one hundred thousand shares up to and including five hundred 1,915
thousand shares; 1,916
(f) One-quarter cent for each share authorized in excess 1,918
of five hundred thousand shares; provided no fee shall be less 1,919
than eighty-five dollars OR GREATER THAN ONE HUNDRED THOUSAND 1,920
DOLLARS.
(B) For filing and recording a certificate of amendment to 1,922
or amended articles of incorporation OF A DOMESTIC CORPORATION, 1,923
or FOR FILING AND RECORDING a certificate of reorganization, or a 1,924
certificate of dissolution, OR AN AMENDMENT TO A FOREIGN LICENSE 1,925
APPLICATION: 1,926
(1) If the DOMESTIC corporation is not authorized to issue 1,928
any shares of capital stock, twenty-five dollars; 1,929
(2) If the DOMESTIC corporation is authorized to issue 1,931
shares of capital stock, thirty-five dollars, and in case of any 1,932
increase in the number of shares authorized to be issued, a 1,933
further sum computed in accordance with the schedule set forth in 1,934
division (A)(2) of this section less a credit computed in the 1,935
48
same manner for the number of shares previously authorized to be 1,936
issued by the corporation; PROVIDED NO FEE UNDER DIVISION (B)(2) 1,937
OF THIS SECTION SHALL BE GREATER THAN ONE HUNDRED THOUSAND 1,938
DOLLARS;
(3) IF THE FOREIGN CORPORATION IS NOT AUTHORIZED TO ISSUE 1,940
ANY SHARES OF CAPITAL STOCK, FIFTY DOLLARS; 1,941
(4) IF THE FOREIGN CORPORATION IS AUTHORIZED TO ISSUE 1,943
SHARES OF CAPITAL STOCK, FIFTY DOLLARS. 1,944
(C) For filing and recording articles of incorporation of 1,946
a savings and loan association, one hundred dollars; for filing 1,947
and recording a certificate of amendment to or amended articles 1,948
of incorporation that do not involve an increase in the 1,949
authorized capital stock of such corporation, twenty-five 1,950
dollars; and for filing and recording a certificate of amendment 1,951
to or amended articles of incorporation that do involve an 1,952
increase in the authorized capital stock of such corporation, 1,953
thirty-five dollars; 1,954
(D) For filing and recording a certificate of merger or 1,956
consolidation, fifty dollars and, in the case of any new 1,957
corporation resulting from a consolidation or any surviving 1,958
corporation that has an increased number of shares authorized to 1,959
be issued resulting from a merger, an additional sum computed in 1,960
accordance with the schedule set forth in division (A)(2) of this 1,961
section less a credit computed in the same manner for the number 1,962
of shares previously authorized to be issued or represented in 1,963
this state by each of the corporations for which a consolidation 1,964
or merger is effected by the certificate; 1,965
(E) For filing and recording articles of incorporation of 1,967
a credit union or the American credit union guaranty association, 1,968
thirty-five dollars, and for filing and recording a certificate 1,969
of increase in capital stock or any other amendment of the 1,970
articles of incorporation of a credit union or the association, 1,971
twenty-five dollars; 1,972
(F) For filing and recording articles of organization of a 1,974
49
limited liability company or for filing and recording a 1,975
registration application to become a domestic limited liability 1,977
partnership or a registered foreign limited liability 1,978
partnership, eighty-five dollars; 1,979
(G) For filing and recording a certificate of limited 1,981
partnership or an application for registration as a foreign 1,982
limited partnership the following apply: 1,983
(1) If the certificate or application is for a limited 1,985
partnership or foreign limited partnership described in division 1,986
(A)(1) of section 1782.63 of the Revised Code, and the 1,987
partnership has complied with divisions (A)(1)(a) to (e) of that 1,989
section, no fee; 1,990
(2) If the certificate or application is for a limited 1,992
partnership or foreign limited partnership other than a 1,993
partnership described in division (G)(1) of this section, 1,994
eighty-five dollars. 1,995
(H) For filing a copy of papers evidencing the 1,997
incorporation of a municipal corporation or of annexation of 1,998
territory by a municipal corporation, five dollars, to be paid by 1,999
the corporation, the petitioners therefor, or their agent; 2,000
(I) For filing and recording any of the following: 2,002
(1) A license to transact business in this state by a 2,004
foreign corporation for profit pursuant to section 1703.04 of the 2,005
Revised Code, one hundred dollars; 2,006
(2) An annual report pursuant to section 1703.07 or 2,008
1775.63 of the Revised Code, ten dollars; 2,009
(3) Any other certificate or paper that is required to be 2,011
or is permitted by any provision of the Revised Code to be filed 2,012
and recorded with the secretary of state, ten dollars. 2,013
(J) For filing any certificate or paper not required to be 2,015
recorded, five dollars; 2,016
(K) For making copies of any certificate or other paper 2,018
filed in the office of the secretary of state, the actual cost of 2,019
duplicating the certificate or other paper, AND FOR CREATING AND 2,021
50
AFFIXING THE SEAL OF THE OFFICE OF THE SECRETARY OF STATE TO ANY 2,022
GOOD STANDING OR OTHER CERTIFICATE, FIVE DOLLARS, except that for 2,023
copies of certificates or papers required by state officers for 2,024
official purpose, no charge shall be made;
(L) For a minister's license to solemnize marriages, ten 2,026
dollars; 2,027
(M) For examining documents to be filed at a later date 2,029
for the purpose of advising as to the acceptability of the 2,030
proposed filing, ten dollars; 2,031
(N) For expedited filing service for filings referred to 2,033
in divisions (A), (B), (C), (D), (E), (F), and (G) of this 2,034
section, ten dollars in addition to the fee for filing and 2,035
recording provided in those divisions. 2,036
(O) Fees may be paid by credit card. Any credit card 2,038
number or the expiration date of any credit card are IS not 2,039
subject to disclosure under Chapter 149. of the Revised Code. 2,041
Sec. 111.25. THE SECRETARY OF STATE SHALL PRESCRIBE THE 2,043
FOLLOWING FORMS FOR PERSONS TO USE IN COMPLYING WITH THE 2,044
REQUIREMENTS OF CHAPTER 1309. OF THE REVISED CODE FOR THE FILING 2,047
OF FINANCING STATEMENTS AND RELATED DOCUMENTS:
(A) THE FINANCING STATEMENT DESCRIBED IN DIVISION (A) OF 2,050
SECTION 1309.39 OF THE REVISED CODE; 2,052
(B) A FORM FOR THE AMENDMENT OF A FINANCING STATEMENT 2,055
DESCRIBED IN DIVISION (C) OF SECTION 1309.39 OF THE REVISED CODE; 2,057
(C) A CONTINUATION STATEMENT DESCRIBED IN DIVISION (C) OF 2,060
SECTION 1309.40 OF THE REVISED CODE; 2,062
(D) A TERMINATION STATEMENT DESCRIBED IN DIVISION (A) OF 2,065
SECTION 1309.41 OF THE REVISED CODE; 2,067
(E) A FORM FOR AN ASSIGNMENT OF RIGHTS UNDER A FINANCING 2,070
STATEMENT DESCRIBED IN SECTION 1309.42 OF THE REVISED CODE; 2,072
(F) A STATEMENT OF RELEASE DESCRIBED IN SECTION 1309.43 OF 2,075
THE REVISED CODE. 2,076
Sec. 113.21. THE TREASURY EDUCATION FUND IS HEREBY CREATED 2,078
IN THE STATE TREASURY. THE FUND SHALL CONSIST OF GIFTS, GRANTS, 2,079
51
AND CONTRIBUTIONS RECEIVED BY THE TREASURER OF STATE FOR THE 2,080
PURPOSES OF THE FUND. THE FUND SHALL BE USED TO SUPPORT VARIOUS 2,081
EDUCATION PROGRAMS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, 2,082
PROGRAMS ON CAPITAL PROJECT FINANCING, LOCAL GOVERNMENT
INVESTMENT, LINKED DEPOSITS, AND OTHER FINANCE-RELATED TOPICS. 2,083
THE FUND SHALL BE ADMINISTERED BY THE TREASURER OF STATE, WHO 2,084
SHALL ADOPT RULES FOR THE DISTRIBUTION OF FUND MONEYS. MONEYS IN 2,085
THE FUND SHALL NOT REPLACE OTHER MONEYS EXPENDED BY LOCAL 2,086
PROGRAMS FOR SIMILAR PURPOSES.
Sec. 117.44. To enhance local officials' background and 2,095
working knowledge of government accounting, budgeting and 2,096
financing, financial report preparation, and the rules adopted by 2,097
the auditor of state, the auditor of state shall hold training 2,098
programs for persons elected for the first time as township 2,099
clerks, city auditors, and village clerks, between the first day 2,100
of December and the fifteenth day of February immediately 2,101
following a general election for any of these offices. Similar 2,102
training may also be provided to any township clerk, city 2,103
auditor, or village clerk who is appointed to fill a vacancy or 2,104
who is elected in a special election. 2,105
The auditor of state also shall develop and provide an 2,107
annual training program of continuing education for village 2,108
clerks.
The auditor of state shall determine the manner, content, 2,110
and length of the training programs after consultation with 2,111
appropriate statewide organizations of local governmental 2,112
officials. The auditor of state shall charge the political 2,113
subdivisions that the trainees represent a registration fee that 2,114
will meet actual and necessary expenses of the training, 2,115
including instructor fees, site acquisition costs, and the cost 2,116
of course materials. The necessary personal expenses incurred by 2,117
the officials as a result of attending the training program shall 2,118
be borne by the political subdivisions they represent. 2,119
The auditor of state shall allow any other interested 2,121
52
person to attend any of the training programs that the auditor OF 2,122
STATE holds pursuant to this section; provided, that before 2,124
attending any such training program the interested person shall 2,125
pay to the auditor of state the full registration fee that the 2,126
auditor of state has set for the training program. 2,127
There is hereby established in the state treasury the 2,129
auditor of state training program fund, to be used by the auditor 2,130
of state for the actual and necessary expenses of any training 2,131
programs held pursuant to this section OR SECTION 321.46 OF THE 2,132
REVISED CODE. All registration fees collected under this section 2,134
shall be paid into the fund.
Sec. 119.01. As used in sections 119.01 to 119.13 of the 2,143
Revised Code: 2,144
(A) "Agency" means, except as limited by this division, 2,146
any official, board, or commission having authority to promulgate 2,147
rules or make adjudications in the bureau of employment services, 2,148
the civil service commission, the department or, on and after 2,149
July 1, 1997, the division of liquor control, the department of 2,150
taxation, the industrial commission, the bureau of workers' 2,151
compensation, the functions of any administrative or executive 2,152
officer, department, division, bureau, board, or commission of 2,153
the government of the state specifically made subject to sections 2,154
119.01 to 119.13 of the Revised Code, and the licensing functions 2,155
of any administrative or executive officer, department, division, 2,156
bureau, board, or commission of the government of the state 2,157
having the authority or responsibility of issuing, suspending, 2,158
revoking, or canceling licenses. 2,159
Sections EXCEPT AS OTHERWISE PROVIDED IN DIVISION (I) OF 2,161
THIS SECTION, SECTIONS 119.01 to 119.13 of the Revised Code do 2,163
not apply to the public utilities commission or. SECTIONS 119.01 2,164
TO 119.13 OF THE REVISED CODE DO NOT APPLY TO the utility 2,165
radiological safety board, nor do they apply to actions of the 2,166
superintendent of financial institutions and the superintendent
of insurance in the taking possession of, and rehabilitation or 2,168
53
liquidation of, the business and property of banks, savings and 2,169
loan associations, savings banks, credit unions, insurance 2,170
companies, associations, reciprocal fraternal benefit societies, 2,171
and bond investment companies, nor OR to any action that may be 2,172
taken by the superintendent of financial institutions under 2,173
section 1113.03, 1121.05, 1121.06, 1121.10, 1125.09, 1125.12, 2,175
1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 1163.22, 1165.01, 2,176
1165.02, 1165.10, 1733.35, 1733.361, 1733.37, 1733.412, or 2,177
1761.03 of the Revised Code.
Sections 119.01 to 119.13 of the Revised Code do not apply 2,180
to actions of the industrial commission or the bureau of workers' 2,181
compensation under sections 4123.01 to 4123.94 of the Revised 2,182
Code with respect to all matters of adjudication, and to the 2,183
actions of the industrial commission and bureau of workers' 2,184
compensation under division (D) of section 4121.32 and sections 2,185
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
4123.442, and divisions (B), (C), and (E) of section 4131.14 of 2,187
the Revised Code. 2,188
Sections 119.01 to 119.13 of the Revised Code do not apply 2,191
to actions of the bureau of employment services, except those 2,192
relating to all of the following:
(1) The adoption, amendment, or rescission of rules; 2,195
(2) The issuance, suspension, revocation, or cancellation 2,197
of licenses;
(3) Any hearing held pursuant to sections 4115.03 to 2,199
4115.16 of the Revised Code or Chapter 4109. or 4111. of the 2,200
Revised Code.
(B) "License" means any license, permit, certificate, 2,202
commission, or charter issued by any agency. "License" does not 2,203
include any arrangement whereby a person, institution, or entity 2,204
furnishes medicaid services under a provider agreement with the 2,205
department of human services pursuant to Title XIX of the "Social 2,206
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 2,207
(C) "Rule" means any rule, regulation, or standard, having 2,209
54
a general and uniform operation, adopted, promulgated, and 2,210
enforced by any agency under the authority of the laws governing 2,211
such agency, and includes any appendix to a rule. "Rule" does 2,212
not include any internal management rule of an agency unless the 2,213
internal management rule affects private rights and does not 2,214
include any guideline adopted pursuant to section 3301.0714 of 2,215
the Revised Code. 2,216
(D) "Adjudication" means the determination by the highest 2,218
or ultimate authority of an agency of the rights, duties, 2,219
privileges, benefits, or legal relationships of a specified 2,220
person, but does not include the issuance of a license in 2,221
response to an application with respect to which no question is 2,222
raised, nor other acts of a ministerial nature. 2,223
(E) "Hearing" means a public hearing by any agency in 2,225
compliance with procedural safeguards afforded by sections 119.01 2,226
to 119.13 of the Revised Code. 2,227
(F) "Person" means a person, firm, corporation, 2,229
association, or partnership. 2,230
(G) "Party" means the person whose interests are the 2,232
subject of an adjudication by an agency. 2,233
(H) "Appeal" means the procedure by which a person, 2,235
aggrieved by a finding, decision, order, or adjudication of any 2,236
agency, invokes the jurisdiction of a court. 2,237
(I) "Rule-making agency" means any board, commission, 2,239
department, division, or bureau of the government of the state 2,240
that is required to file proposed rules, amendments, or 2,241
rescissions under division (D) of section 111.15 of the Revised 2,242
Code and any agency that is required to file proposed rules, 2,243
amendments, or rescissions under divisions (B) and (H) of section 2,244
119.03 of the Revised Code. "RULE-MAKING AGENCY" INCLUDES THE 2,245
PUBLIC UTILITIES COMMISSION. "Rule-making agency" does not 2,247
include any state-supported college or university. 2,248
(J) "Substantive revision" means any addition to, 2,250
elimination from, or other change in a rule, an amendment of a 2,251
55
rule, or a rescission of a rule, whether of a substantive or 2,252
procedural nature, that changes any of the following: 2,253
(1) That which the rule, amendment, or rescission permits, 2,255
authorizes, regulates, requires, prohibits, penalizes, rewards, 2,256
or otherwise affects; 2,257
(2) The scope or application of the rule, amendment, or 2,259
rescission. 2,260
(K) "Internal management rule" means any rule, regulation, 2,262
or standard governing the day-to-day staff procedures and 2,263
operations within an agency. 2,264
Sec. 120.04. (A) The state public defender shall serve at 2,274
the pleasure of the Ohio public defender commission and shall be 2,275
an attorney with a minimum of four years of experience in the 2,276
practice of law and be admitted to the practice of law in this 2,277
state at least one year prior to his appointment. 2,278
(B) The state public defender shall do all of the 2,280
following: 2,281
(1) Maintain a central office in Columbus. The central 2,283
office shall be provided with a library of adequate size, 2,284
considering the needs of the office and the accessibility of 2,285
other libraries, and other necessary facilities and equipment. 2,286
(2) Appoint assistant state public defenders, all of whom 2,288
shall be attorneys admitted to the practice of law in this state, 2,289
and other personnel necessary for the operation of the state 2,290
public defender office. Assistant state public defenders shall 2,291
be appointed on a full-time basis. The state public defender, 2,292
assistant state public defenders, and employees appointed by the 2,293
state public defender shall not engage in the private practice of 2,294
law. 2,295
(3) Supervise the compliance of county public defender 2,297
offices, joint county public defender offices, and county 2,298
appointed counsel systems with standards established by rules of 2,299
the Ohio public defender commission pursuant to division (B) of 2,300
section 120.03 of the Revised Code; 2,301
56
(4) Keep and maintain financial records of all cases 2,303
handled and develop records for use in the calculation of direct 2,304
and indirect costs, in the operation of the office, and report 2,305
periodically, but not less than annually, to the commission on 2,306
all relevant data on the operations of the office, costs, 2,307
projected needs, and recommendations for legislation or 2,308
amendments to court rules, as may be appropriate to improve the 2,309
criminal justice system; 2,310
(5) Collect all moneys due the state for reimbursement for 2,312
legal services under this chapter AND UNDER SECTION 2941.51 OF 2,313
THE REVISED CODE and institute any actions in court on behalf of 2,315
the state for the collection of such sums that he THE STATE 2,316
PUBLIC DEFENDER considers advisable. Except as provided 2,317
otherwise in division (D) of section 120.06 of the Revised Code, 2,318
all moneys collected by the state public defender under this 2,319
division CHAPTER AND SECTION 2941.51 OF THE REVISED CODE shall be 2,320
deposited in the state treasury to the credit of the public 2,321
defender reimbursement CLIENT PAYMENT fund, which is hereby 2,322
created. All moneys credited to the fund shall be used by the 2,324
state public defender to appoint assistant state public defenders 2,325
and to provide other personnel, equipment, and facilities 2,326
necessary for the operation of the state public defender office, 2,327
or to reimburse counties for the operation of county public 2,328
defender offices, joint county public defender offices, and 2,329
county appointed counsel systems pursuant to sections 120.18, 2,330
120.28, and 120.33 of the Revised Code, OR TO PROVIDE ASSISTANCE 2,331
TO COUNTIES IN THE OPERATION OF COUNTY INDIGENT DEFENSE SYSTEMS. 2,332
(6) With respect to funds appropriated to the commission 2,334
to pay criminal costs, perform the duties imposed by section 2,335
2949.19 of the Revised Code; 2,336
(7) Establish standards and guidelines for the 2,338
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 2,339
2941.51, and 2949.19 of the Revised Code, of counties for the 2,340
operation of county public defender offices, joint county public 2,341
57
defender offices, and county appointed counsel systems and for 2,342
other costs related to felony prosecutions; 2,343
(8) Establish maximum amounts that the state will 2,345
reimburse the counties pursuant to sections 120.18, 120.28, 2,346
120.33, and 2941.51 of the Revised Code; 2,347
(9) Establish maximum amounts that the state will 2,349
reimburse the counties pursuant to section 120.33 of the Revised 2,350
Code for each specific type of legal service performed by a 2,351
county appointed counsel system; 2,352
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 2,354
and 2949.19 of the Revised Code and make reimbursements pursuant 2,355
to those sections; 2,356
(11) Administer the program established pursuant to 2,358
sections 120.51 to 120.55 of the Revised Code for the charitable 2,359
public purpose of providing financial assistance to legal aid 2,360
societies. Neither the state public defender nor any of his THE 2,361
STATE PUBLIC DEFENDER'S employees who is responsible in any way 2,363
for the administration of that program and who performs his THOSE 2,364
administrative responsibilities in good faith is in any manner 2,366
liable if a legal aid society that is provided financial 2,367
assistance under the program uses the financial assistance other 2,368
than in accordance with sections 120.51 to 120.55 of the Revised 2,369
Code or fails to comply with the requirements of those sections. 2,370
(12) Establish an office for the handling of appeal and 2,372
postconviction matters; 2,373
(13) Provide technical aid and assistance to county public 2,376
defender offices, joint county public defender offices, and other 2,377
local counsel providing legal representation to indigent persons, 2,378
including representation and assistance on appeals. 2,379
(C) The state public defender may do any of the following: 2,381
(1) In providing legal representation, conduct 2,383
investigations, obtain expert testimony, take depositions, use 2,384
other discovery methods, order transcripts, and make all other 2,385
preparations which are appropriate and necessary to an adequate 2,386
58
defense or the prosecution of appeals and other legal 2,387
proceedings; 2,388
(2) Seek, solicit, and apply for grants for the operation 2,390
of programs for the defense of indigent persons from any public 2,391
or private source, and may receive donations, grants, awards, and 2,392
similar funds from any lawful source. Such funds shall be 2,393
deposited in the state treasury to the credit of the public 2,394
defender gifts and grants fund, which is hereby created. 2,395
(3) Make all the necessary arrangements to coordinate the 2,397
services of the office with any federal, county, or private 2,398
programs established to provide legal representation to indigent 2,399
persons and others, and to obtain and provide all funds allowable 2,400
under any such programs; 2,401
(4) Consult and cooperate with professional groups 2,403
concerned with the causes of criminal conduct, the reduction of 2,404
crime, the rehabilitation and correction of persons convicted of 2,405
crime, the administration of criminal justice, and the 2,406
administration and operation of the state public defender's 2,407
office; 2,408
(5) Accept the services of volunteer workers and 2,410
consultants at no compensation other than reimbursement for 2,411
actual and necessary expenses; 2,412
(6) Prescribe any forms that are necessary for the uniform 2,414
operation of this chapter; 2,415
(7) Contract with a county public defender commission or a 2,417
joint county public defender commission to provide all or any 2,418
part of the services that a county public defender or joint 2,419
county public defender is required or permitted to provide by 2,420
this chapter, or contract with a board of county commissioners of 2,421
a county that is not served by a county public defender 2,422
commission or a joint county public defender commission for the 2,423
provision of services in accordance with section 120.33 of the 2,424
Revised Code. All money received by the state public defender 2,425
pursuant to such a contract shall be credited to the county 2,426
59
representation fund created pursuant to division (D) of section 2,427
120.06 of the Revised Code. 2,428
(8) Authorize persons employed as criminal investigators 2,430
to attend the Ohio peace officer training academy or any other 2,431
peace officer training school for training; 2,432
(9) Procure a policy or policies of malpractice insurance 2,434
that provide coverage for the state public defender and assistant 2,435
state public defenders in connection with malpractice claims that 2,436
may arise from their actions or omissions related to 2,437
responsibilities derived pursuant to this chapter. 2,438
(D) No person employed by the state public defender as a 2,440
criminal investigator shall attend the Ohio peace officer 2,441
training academy or any other peace officer training school 2,442
unless authorized to do so by the state public defender. 2,443
Sec. 120.33. (A) In lieu of using a county public 2,452
defender or joint county public defender to represent indigent 2,453
persons in the proceedings set forth in division (A) of section 2,454
120.16 of the Revised Code, the board of county commissioners of 2,455
any county may adopt a resolution to pay counsel who are either 2,456
personally selected by the indigent person or appointed by the 2,457
court. The resolution shall include those provisions the board 2,458
of county commissioners considers necessary to provide effective 2,459
representation of indigent persons in any proceeding for which 2,460
counsel is provided under this section. The resolution shall 2,461
include provisions for contracts with any municipal corporation 2,462
under which the municipal corporation shall reimburse the county 2,463
for counsel appointed to represent indigent persons charged with 2,464
violations of the ordinances of the municipal corporation. 2,465
(1) In a county that adopts a resolution to pay counsel, 2,467
an indigent person shall have the right to do either of the 2,468
following: 2,469
(a) To select the person's own personal counsel to 2,471
represent the person in any proceeding included within the 2,472
provisions of the resolution;
60
(b) To request the court to appoint counsel to represent 2,474
the person in such a proceeding. 2,475
(2) The court having jurisdiction over the proceeding in a 2,477
county that adopts a resolution to pay counsel shall, after 2,478
determining that the person is indigent and entitled to legal 2,479
representation under this section, do either of the following: 2,480
(a) By signed journal entry recorded on its docket, enter 2,482
the name of the lawyer selected by the indigent person as counsel 2,483
of record; 2,484
(b) Appoint counsel for the indigent person if the person 2,486
has requested the court to appoint counsel and, by signed journal 2,487
entry recorded on its dockets, enter the name of the lawyer 2,488
appointed for the indigent person as counsel of record. 2,489
(3) The board of county commissioners shall establish a 2,491
schedule of fees by case or on an hourly basis to be paid to 2,492
counsel for legal services provided pursuant to a resolution 2,493
adopted under this section. Prior to establishing the schedule, 2,494
the board of county commissioners shall request the bar 2,495
association or associations of the county to submit a proposed 2,496
schedule. The schedule submitted shall be subject to the review, 2,497
amendment, and approval of the board of county commissioners. 2,498
(4) Counsel selected by the indigent person or appointed 2,500
by the court at the request of an indigent person in a county 2,501
that adopts a resolution to pay counsel, except for counsel 2,502
appointed to represent a person charged with any violation of an 2,503
ordinance of a municipal corporation that has not contracted with 2,504
the county commissioners for the payment of appointed counsel, 2,505
shall be paid by the county and shall receive the compensation 2,506
and expenses the court approves. Each request for payment shall 2,507
be accompanied by an affidavit of indigency completed by the 2,508
indigent person on forms prescribed by the state public defender. 2,509
Compensation and expenses shall not exceed the amounts fixed by 2,510
the board of county commissioners in the schedule adopted 2,511
pursuant to division (A)(3) of this section. No court shall 2,512
61
approve compensation and expenses that exceed the amount fixed 2,513
pursuant to division (A)(3) of this section. 2,514
The fees and expenses approved by the court shall not be 2,516
taxed as part of the costs and shall be paid by the county. 2,517
However, if the person represented has, or may reasonably be 2,518
expected to have, the means to meet some part of the cost of the 2,519
services rendered to the person, the person shall reimburse PAY 2,520
the county in an amount that the person reasonably can be 2,522
expected to pay. The PURSUANT TO SECTION 120.04 OF THE REVISED 2,523
CODE, THE county shall pay to the state public defender a 2,524
percentage of the reimbursement PAYMENT received from such THE 2,525
person in an amount proportionate to the percentage of the costs 2,527
of the person's case that were paid to the county by the state 2,528
public defender pursuant to this section. The money paid to the 2,529
state public defender shall be credited to the public defender 2,530
reimbursement CLIENT PAYMENT fund created pursuant to division 2,532
(B)(5) of section 120.04 of the Revised Code. 2,533
The county auditor shall draw a warrant on the county 2,535
treasurer for the payment of counsel in the amount fixed by the 2,536
court, plus the expenses the court fixes and certifies to the 2,537
auditor. The county auditor shall report periodically, but not 2,538
less than annually, to the board of county commissioners and to 2,539
the Ohio public defender commission the amounts paid out pursuant 2,540
to the approval of the court. The board of county commissioners, 2,541
after review and approval of the auditor's report, may then 2,542
certify it to the state public defender for reimbursement. If a 2,543
request for reimbursement is not accompanied by an affidavit of 2,544
indigency completed by the indigent person on forms prescribed by 2,545
the state public defender, the state public defender shall not 2,546
pay the requested reimbursement. If a request for the 2,547
reimbursement of the cost of counsel in any case is not received 2,548
by the state public defender within ninety days after the end of 2,549
the calendar month in which the case is finally disposed of by 2,550
the court, unless the county has requested and the state public 2,551
62
defender has granted an extension of the ninety-day limit, the 2,552
state public defender shall not pay the requested reimbursement. 2,553
The state public defender shall also review the report and, in 2,554
accordance with the standards, guidelines, and maximums 2,555
established pursuant to divisions (B)(7) and (8) of section 2,556
120.04 of the Revised Code, prepare a voucher for fifty per cent 2,557
of the total cost of each county appointed counsel system in the 2,558
period of time covered by the certified report and a voucher for 2,559
fifty per cent of the costs and expenses that are reimbursable 2,560
under section 120.35 of the Revised Code, if any, or, if the 2,561
amount of money appropriated by the general assembly to reimburse 2,562
counties for the operation of county public defender offices, 2,563
joint county public defender offices, and county appointed 2,564
counsel systems is not sufficient to pay fifty per cent of the 2,565
total cost of all of the offices and systems other than costs and 2,566
expenses that are reimbursable under section 120.35 of the 2,567
Revised Code, for the lesser amount required by section 120.34 of 2,568
the Revised Code. 2,569
(5) If any county appointed counsel system fails to 2,571
maintain the standards for the conduct of the system established 2,572
by the rules of the Ohio public defender commission pursuant to 2,573
divisions (B) and (C) of section 120.03 or the standards 2,574
established by the state public defender pursuant to division 2,575
(B)(7) of section 120.04 of the Revised Code, the Ohio public 2,576
defender commission shall notify the board of county 2,577
commissioners of the county that the county appointed counsel 2,578
system has failed to comply with its rules or the standards of 2,579
the state public defender. Unless the board of county 2,580
commissioners corrects the conduct of its appointed counsel 2,581
system to comply with the rules and standards within ninety days 2,582
after the date of the notice, the state public defender may deny 2,583
all or part of the county's reimbursement from the state provided 2,585
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 2,587
63
county public defender to represent indigent persons in the 2,588
proceedings set forth in division (A) of section 120.16 of the 2,589
Revised Code, and in lieu of adopting the resolution and 2,590
following the procedure described in division (A) of this 2,591
section, the board of county commissioners of any county may 2,592
contract with the state public defender for the state public 2,593
defender's legal representation of indigent persons. A contract 2,595
entered into pursuant to this division may provide for payment 2,596
for the services provided on a per case, hourly, or fixed 2,597
contract basis.
(C) If a court appoints an attorney pursuant to this 2,599
section to represent a petitioner in a postconviction relief 2,600
proceeding under section 2953.21 of the Revised Code, the 2,601
petitioner has received a sentence of death, and the proceeding 2,602
relates to that sentence, the attorney who represents the 2,603
petitioner in the proceeding pursuant to the appointment shall be 2,604
certified under Rule 65 of the Rules of Superintendence for 2,605
Common Pleas Courts to represent indigent defendants charged with 2,607
or convicted of an offense for which the death penalty can be or 2,608
has been imposed.
Sec. 121.04. Offices are created within the several 2,617
departments as follows: 2,618
In the department of commerce: 2,620
Commissioner of securities; 2,622
Superintendent of real estate AND PROFESSIONAL 2,623
LICENSING;
Superintendent of financial institutions; 2,624
Fire marshal; 2,626
Beginning on July 1, 1997, 2,627
Superintendent of liquor control; 2,628
Superintendent of industrial compliance. 2,629
In the department of administrative services: 2,631
State architect and engineer; 2,633
Equal employment opportunity coordinator. 2,634
64
In the department of agriculture: 2,636
Chiefs of divisions as follows: 2,638
Administration; 2,640
Animal industry; 2,641
Dairy marketing; 2,642
Food, dairies, and drugs; 2,643
Plant industry; 2,644
Markets; 2,645
Meat inspections; 2,646
Consumer analytical laboratories; 2,647
Amusement ride safety; 2,648
Enforcement; 2,649
Weights and measures. 2,650
In the department of natural resources: 2,652
Chiefs of divisions as follows: 2,654
Water; 2,656
Mines and Reclamation; 2,657
Forestry; 2,658
Natural areas and preserves; 2,659
Wildlife; 2,660
Geological survey; 2,661
Parks and recreation; 2,662
Watercraft; 2,663
Oil and gas; 2,664
Recycling and litter prevention; 2,665
Civilian conservation; 2,666
Soil and water conservation; 2,667
Real estate and land management; 2,668
Engineering. 2,669
Until July 1, 1997, in the department of liquor control: 2,671
Chiefs of divisions as follows: 2,673
Accounting and finance; 2,675
Store management; 2,676
Personnel; 2,678
65
Beer. 2,679
In the department of insurance: 2,681
Deputy superintendent of insurance; 2,683
Assistant superintendent of insurance, technical; 2,684
Assistant superintendent of insurance, 2,685
administrative; 2,686
Assistant superintendent of insurance, research. 2,687
Sec. 121.08. (A) There is hereby created in the 2,697
department of commerce the position of deputy director of 2,698
administration. This officer shall be appointed by the director 2,699
of commerce, serve under the director's direction, supervision, 2,701
and control, perform such duties as the director prescribes, and 2,702
hold office during the director's pleasure. The assistant 2,703
director of commerce may serve as the deputy director of
administration. The deputy director of administration shall 2,704
perform such duties as are prescribed by the director of commerce 2,706
in supervising the activities of the division of administration 2,707
of the department of commerce. 2,708
(B) Except as provided in section 121.07 of the Revised 2,710
Code, the department of commerce shall have all powers and 2,711
perform all duties vested in the deputy director of 2,712
administration, the state fire marshal, the superintendent of 2,714
financial institutions, the superintendent of real estate AND 2,715
PROFESSIONAL LICENSING, the superintendent of liquor control, the 2,717
superintendent of the division of industrial compliance, and the 2,718
commissioner of securities, and shall have all powers and perform 2,719
all duties vested by law in all officers, deputies, and employees 2,720
of such offices. Except as provided in section 121.07 of the 2,721
Revised Code, wherever powers are conferred or duties imposed 2,722
upon any of such officers, such powers and duties shall be 2,723
construed as vested in the department of commerce. 2,724
(C)(1) There is hereby created in the department of 2,726
commerce a division of financial institutions, which shall have 2,727
all powers and perform all duties vested by law in the 2,729
66
superintendent of financial institutions. Wherever powers are 2,730
conferred or duties imposed upon the superintendent of financial 2,731
institutions, such powers and duties shall be construed as vested 2,732
in the division of financial institutions. The division of 2,733
financial institutions shall be administered by a superintendent 2,735
of financial institutions.
(2) All provisions of law governing the superintendent of 2,737
financial institutions shall apply to and govern the 2,739
superintendent of financial institutions provided for in this 2,741
section; all authority vested by law in the superintendent of 2,742
financial institutions with respect to the management of the 2,743
division of financial institutions shall be construed as vested 2,744
in the superintendent of financial institutions created by this 2,745
section with respect to the division of financial institutions 2,747
provided for in this section; and all rights, privileges, and 2,749
emoluments conferred by law upon the superintendent of financial 2,750
institutions shall be construed as conferred upon the 2,751
superintendent of financial institutions as head of the division 2,752
of financial institutions. The director of commerce shall not 2,754
transfer from the division of financial institutions any of the 2,755
functions specified in division (C)(2) of this section. 2,757
(D) Beginning on July 1, 1997, there is hereby created in 2,759
the department of commerce a division of liquor control, which 2,760
shall have all powers and perform all duties vested by law in the 2,761
superintendent of liquor control. Wherever powers are conferred 2,762
or duties are imposed upon the superintendent of liquor control, 2,764
those powers and duties shall be construed as vested in the
division of liquor control. The division of liquor control shall 2,765
be administered by a superintendent of liquor control. 2,766
(E) The director of commerce shall not be interested, 2,768
directly or indirectly, in any firm or corporation which is a 2,770
dealer in securities as defined in sections 1707.01 and 1707.14 2,771
of the Revised Code, or in any firm or corporation licensed under 2,772
sections 1321.01 to 1321.19 of the Revised Code. 2,773
67
(F) The director of commerce shall not have any official 2,775
connection with a savings and loan association, a savings bank, a 2,778
bank, a bank holding company, a savings and loan association 2,779
holding company, a consumer finance company, or a credit union 2,780
that is under the supervision of the division of financial
institutions, or a subsidiary of any of the preceding entities, 2,782
or be interested in the business thereof.
(G) There is hereby created in the state treasury the 2,784
division of administration fund. The fund shall receive 2,786
assessments on the operating funds of the department of commerce 2,787
in accordance with procedures prescribed by the director of 2,788
commerce and approved by the director of budget and management. 2,789
All operating expenses of the division of administration shall be 2,790
paid from the division of administration fund. 2,791
(H) THERE IS HEREBY CREATED IN THE DEPARTMENT OF COMMERCE 2,794
A DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING, WHICH SHALL 2,795
BE UNDER THE CONTROL AND SUPERVISION OF THE DIRECTOR OF COMMERCE. 2,796
THE DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING SHALL BE 2,797
ADMINISTERED BY A SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL 2,798
LICENSING. THE SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL 2,799
LICENSING SHALL EXERCISE THE POWERS AND PERFORM THE FUNCTIONS AND 2,800
DUTIES DELEGATED TO THE SUPERINTENDENT UNDER CHAPTERS 4707., 2,801
4735., 4749., 4763., AND 4767. OF THE REVISED CODE. 2,802
Sec. 121.37. (A)(1) There is hereby created the Ohio 2,812
family and children first cabinet council. The council shall be 2,813
composed of the superintendent of public instruction and the 2,814
directors of youth services, human services, mental health, 2,815
health, alcohol and drug addiction services, mental retardation 2,816
and developmental disabilities, and budget and management. The 2,817
chairperson of the council shall be the governor or the 2,818
governor's designee and shall establish procedures for the 2,819
council's internal control and management. 2,821
(2) The purpose of the cabinet council is to help families 2,823
seeking government services. This section shall not be 2,824
68
interpreted or applied to usurp the role of parents, but solely 2,825
to streamline and coordinate existing government services for 2,826
families seeking assistance for their children. 2,827
In seeking to fulfill its purpose, the council may do any 2,829
of the following: 2,830
(a) Advise and make recommendations to the governor and 2,832
general assembly regarding the provision of services to children; 2,833
(b) Advise and assess local governments on the 2,835
coordination of service delivery to children; 2,836
(c) Hold meetings at such times and places as may be 2,838
prescribed by the council's procedures and maintain records of 2,839
the meetings, except that records indentifying IDENTIFYING 2,840
individual children are confidential and shall only be disclosed 2,841
ONLY as provided by law; 2,842
(d) Develop programs and projects, including pilot 2,844
projects, to encourage coordinated efforts at the state and local 2,845
level to improve the state's social service delivery system; 2,847
(e) Enter into contracts with and administer grants to 2,849
county family and children first councils and local intersystem 2,851
services for children clusters, as well as other county or 2,852
multicounty organizations to plan and coordinate service delivery 2,853
between state agencies and local service providers for families 2,854
and children; 2,855
(f) Enter into contracts with and apply for grants from 2,857
federal agencies or private organizations; 2,858
(g) Enter into interagency agreements to encourage 2,861
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may 2,862
include provisions regarding the receipt, transfer, and 2,863
expenditure of funds.
(3) The cabinet council shall do all of PROVIDE FOR the 2,866
following:
(a) Review REVIEWS OF service and treatment plans for 2,869
children for which such reviews are requested;
69
(b) Provide such assistance ASSISTANCE as the council 2,871
determines to be necessary to meet the needs of children referred 2,873
by county family and children first councils and local 2,875
intersystem services for children clusters; 2,876
(c) Monitor MONITORING and supervise SUPERVISION OF a 2,879
statewide, comprehensive, coordinated, multi-disciplinary, 2,880
interagency system for infants and toddlers with developmental 2,881
disabilities or delays and their families, as established 2,882
pursuant to federal grants received and administered by the 2,883
department of health for early intervention services under the 2,884
"Education of the Handicapped Act Amendments of 1986," 100 Stat. 2,886
1145 (1986), 20 U.S.C.A. 1471, as amended; 2,887
(d) Adopt rules in accordance with Chapter 119. of the 2,889
Revised Code establishing an administrative review process to 2,890
address problems that arise concerning the operation of a dispute 2,891
resolution process developed under a service coordination plan 2,892
established pursuant to division (E) of this section. 2,893
(C)(B)(1) A EACH county may SHALL establish a county 2,896
family and children first council. A COUNTY MAY INVITE ANY LOCAL 2,897
PUBLIC OR PRIVATE AGENCY OR GROUP THAT FUNDS, ADVOCATES, OR 2,898
PROVIDES SERVICES TO CHILDREN AND FAMILIES TO HAVE A 2,899
REPRESENTATIVE BECOME A PERMANENT OR TEMPORARY MEMBER OF ITS
COUNTY COUNCIL. EACH county council shall be composed of MUST 2,900
INCLUDE the following individuals: 2,902
(a) AT LEAST THREE INDIVIDUALS WHOSE FAMILIES ARE OR HAVE 2,904
RECEIVED SERVICES FROM AN AGENCY REPRESENTED ON THE COUNCIL OR 2,905
ANOTHER COUNTY'S COUNCIL. WHERE POSSIBLE, THE NUMBER OF MEMBERS 2,906
REPRESENTING FAMILIES SHALL BE EQUAL TO TWENTY PER CENT OF THE 2,907
COUNCIL'S MEMBERSHIP.
(b) The director of the board of alcohol, drug addiction, 2,910
and mental health services that serves the county, or, in the 2,911
case of a county that has a board of alcohol and drug addiction 2,912
services and a community mental health board, the directors of 2,913
both boards;
70
(b). IF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 2,915
HEALTH SERVICES COVERS MORE THAN ONE COUNTY, THE DIRECTOR MAY 2,916
DESIGNATE A PERSON TO PARTICIPATE ON THE COUNTY'S COUNCIL. 2,917
(c) The health commissioner, OR THE COMMISSIONER'S 2,919
DESIGNEE, of the board of health of each city or AND general 2,921
health district in the county, or their designees; 2,923
(c). IF THE COUNTY HAS TWO OR MORE HEALTH DISTRICTS, THE 2,925
HEALTH COMMISSIONER MEMBERSHIP MAY BE LIMITED TO THE 2,926
COMMISSIONERS OF THE TWO DISTRICTS WITH THE LARGEST POPULATIONS. 2,927
(d) The director of the county department of human 2,929
services;
(d)(e) The executive director of the county agency 2,932
responsible for the administration of children services pursuant 2,933
to section 5153.15 of the Revised Code; 2,934
(e)(f) The superintendent of the county board of mental 2,937
retardation and developmental disabilities;
(f)(g) The county's juvenile court judge senior in service 2,939
OR ANOTHER JUDGE OF THE JUVENILE COURT DESIGNATED BY THE 2,940
ADMINISTRATIVE JUDGE OR, WHERE THERE IS NO ADMINISTRATIVE JUDGE, 2,941
BY THE JUDGE SENIOR IN SERVICE; 2,942
(g)(h) The superintendent of the city, exempted village, 2,945
or local school district with the largest number of pupils 2,946
residing in the county, as determined by the department of 2,947
education, which shall notify each county of its determination at 2,948
least biennially;
(h)(i) A school superintendent representing all other 2,951
school districts with territory in the county, as designated at a 2,952
biennial meeting of the superintendents of those districts; 2,953
(i)(j) A representative of the largest city MUNICIPAL 2,956
CORPORATION WITH THE LARGEST POPULATION in the county; 2,957
(j)(k) The chair of the board of county commissioners, or 2,960
an individual designated by the board;
(k)(l) A representative of the regional office of the 2,962
department of youth services; 2,964
71
(l)(m) A representative of the county's head start 2,967
agencies, as defined in section 3301.31 of the Revised Code; 2,968
(m)(n) A representative of the county's early intervention 2,971
collaborative established pursuant to the federal early 2,972
intervention program operated under the "Education of the 2,973
Handicapped Act Amendments of 1986"; 2,974
(n) At least three individuals representing the interests 2,977
of families in the county. Where possible, the number of members 2,978
representing families shall be equal to twenty per cent of the
council's remaining membership. 2,979
A county family and children first council may invite any 2,982
other local public or private agency or group that funds,
advocates, or provides services to children to have a 2,983
representative become a permanent or temporary member of the 2,984
council." 2,985
Notwithstanding any other provision of law, the public 2,987
members of a county council are not prohibited from serving on 2,989
the council and making decisions regarding the duties OF THE 2,990
COUNCIL, INCLUDING THOSE INVOLVING THE FUNDING OF JOINT PROJECTS 2,991
AND THOSE outlined in the county's service coordination plan 2,992
approved under MECHANISM IMPLEMENTED PURSUANT TO DIVISION (C) OF 2,993
this section.
THE CABINET COUNCIL SHALL ESTABLISH A STATE APPEALS PROCESS 2,995
TO RESOLVE DISPUTES AMONG THE MEMBERS OF A COUNTY COUNCIL 2,996
CONCERNING WHETHER REASONABLE RESPONSIBILITIES AS MEMBERS ARE 2,997
BEING SHARED. THE APPEALS PROCESS MAY BE ACCESSED ONLY BY A 2,998
MAJORITY VOTE OF THE COUNCIL MEMBERS WHO ARE REQUIRED TO SERVE ON 2,999
THE COUNCIL. UPON APPEAL, THE CABINET COUNCIL MAY ORDER THAT
STATE FUNDS FOR SERVICES TO CHILDREN AND FAMILIES BE REDIRECTED 3,000
TO A COUNTY'S BOARD OF COUNTY COMMISSIONERS. 3,001
(2) A county council shall do all of PROVIDE FOR the 3,003
following:
(a) Refer REFERRALS to the cabinet council OF those 3,005
children for whom the COUNTY council cannot provide adequate 3,007
72
services;
(b) Make periodic reports to the cabinet council regarding 3,010
the number of children referred to the county council and the 3,011
progress made in meeting the needs of each child; 3,012
(c) Develop a plan that reviews and adjusts existing 3,014
programs DEVELOPMENT AND IMPLEMENTATION OF A PROCESS THAT 3,015
ANNUALLY EVALUATES AND PRIORITIZES SERVICES, fills service gaps 3,017
where possible, or AND invents new approaches to achieve better 3,018
results for families and children; 3,019
(d) Participate (c) PARTICIPATION in the development of a 3,022
countywide, comprehensive, coordinated, multi-disciplinary, 3,023
interagency system for infants and toddlers with developmental 3,024
disabilities or delays and their families, as established 3,025
pursuant to federal grants received and administered by the 3,026
department of health for early intervention services under the 3,027
"Education of the Handicapped Act Amendments of 1986"; 3,028
(e) Maintain (d) MAINTENANCE OF an accountability system 3,031
to monitor the COUNTY council's progress in achieving its 3,032
purposes RESULTS FOR FAMILIES AND CHILDREN; 3,033
(f) Establish (e) ESTABLISHMENT OF a mechanism to ensure 3,036
ongoing input from a broad representation of families who are 3,037
receiving services within the county system. 3,038
(3)(a) Except as provided in division (C)(B)(3)(b) of this 3,041
section, a county council shall comply with the policies, 3,042
procedures, and activities prescribed by the rules or interagency 3,043
agreements of a state department participating on the cabinet 3,044
council to the extent that WHENEVER the county council performs a 3,046
function subject to those rules or agreements.
(b) On application of a county council, the cabinet 3,049
council may grant an exemption from any rules or interagency 3,050
agreements of a state department participating on the council if 3,051
an exemption is necessary for the council to implement a AN 3,052
ALTERNATIVE program OR APPROACH for service delivery to families 3,053
and children. The application shall describe the proposed 3,054
73
program OR APPROACH and specify the rules or interagency 3,055
agreements from which an exemption is necessary. The cabinet 3,057
council shall approve or disapprove the application in accordance 3,058
with standards and procedures it shall adopt. If an application 3,059
is approved, the exemption is effective only while the program OR 3,061
APPROACH is being implemented and, INCLUDING a reasonable period 3,062
during which the program OR APPROACH is being evaluated for 3,063
effectiveness.
(4) A county council may accept and expend donations 3,065
received from any source. EACH COUNTY COUNCIL SHALL DESIGNATE AN 3,066
ADMINISTRATIVE AGENT FOR THE COUNCIL FROM AMONG THE FOLLOWING 3,067
PUBLIC ENTITIES: THE BOARD OF ALCOHOL, DRUG ADDICTION, AND 3,068
MENTAL HEALTH SERVICES, INCLUDING A BOARD OF ALCOHOL AND DRUG 3,069
ADDICTION OR A COMMUNITY MENTAL HEALTH BOARD IF THE COUNTY IS 3,070
SERVED BY SEPARATE BOARDS; THE BOARD OF COUNTY COMMISSIONERS; ANY
BOARD OF HEALTH OF THE COUNTY'S CITY AND GENERAL HEALTH 3,071
DISTRICTS; THE COUNTY DEPARTMENT OF HUMAN SERVICES; THE COUNTY 3,072
AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF CHILDREN SERVICES 3,073
PURSUANT TO SECTION 5153.15 OF THE REVISED CODE; THE COUNTY BOARD 3,074
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; ANY OF THE
COUNTY'S BOARDS OF EDUCATION OR GOVERNING BOARDS OF EDUCATIONAL 3,075
SERVICE CENTERS; OR THE COUNTY'S JUVENILE COURT. ANY OF THE 3,076
FOREGOING PUBLIC ENTITIES, OTHER THAN THE BOARD OF COUNTY 3,077
COMMISSIONERS, MAY DECLINE TO SERVE AS THE COUNCIL'S 3,078
ADMINISTRATIVE AGENT.
A COUNTY COUNCIL'S ADMINISTRATIVE AGENT SHALL SERVE AS THE 3,080
COUNCIL'S APPOINTING AUTHORITY. THE COUNCIL SHALL FILE AN ANNUAL 3,081
BUDGET WITH ITS ADMINISTRATIVE AGENT, WITH COPIES FILED WITH THE 3,082
COUNTY AUDITOR AND WITH THE BOARD OF COUNTY COMMISSIONERS, UNLESS 3,083
THE BOARD IS SERVING AS THE COUNCIL'S ADMINISTRATIVE AGENT. THE 3,084
COUNCIL'S ADMINISTRATIVE AGENT SHALL ENSURE THAT ALL EXPENDITURES 3,085
ARE HANDLED IN ACCORDANCE WITH POLICIES, PROCEDURES, AND
ACTIVITIES PRESCRIBED BY STATE DEPARTMENTS IN RULES OR 3,086
INTERAGENCY AGREEMENTS THAT ARE APPLICABLE TO THE COUNCIL'S 3,087
74
FUNCTIONS.
THE ADMINISTRATIVE AGENT FOR A COUNTY COUNCIL MAY DO ANY OF 3,089
THE FOLLOWING ON BEHALF OF THE COUNCIL: 3,090
(a) ENTER INTO AGREEMENTS OR ADMINISTER CONTRACTS WITH 3,092
PUBLIC OR PRIVATE ENTITIES TO FULFILL SPECIFIC COUNCIL BUSINESS. 3,093
SUCH AGREEMENTS AND CONTRACTS ARE EXEMPT FROM THE COMPETITIVE 3,094
BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED CODE IF 3,096
THEY HAVE BEEN APPROVED BY THE COUNTY COUNCIL AND THEY ARE FOR 3,097
THE PURCHASE OF FAMILY AND CHILD WELFARE OR CHILD PROTECTION 3,098
SERVICES OR OTHER SOCIAL OR HUMAN SERVICES FOR FAMILIES AND
CHILDREN. THE APPROVAL OF THE COUNTY COUNCIL IS NOT REQUIRED TO 3,100
EXEMPT AGREEMENTS OR CONTRACTS ENTERED INTO UNDER SECTION
5139.34, 5139.41, OR 5139.43 OF THE REVISED CODE FROM THE 3,102
COMPETITIVE BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED 3,103
CODE. 3,104
(b) AS DETERMINED BY THE COUNCIL, PROVIDE FINANCIAL 3,106
STIPENDS, REIMBURSEMENTS, OR BOTH, TO FAMILY REPRESENTATIVES FOR 3,107
EXPENSES RELATED TO COUNCIL ACTIVITY; 3,108
(c) RECEIVE BY GIFT, GRANT, DEVISE, OR BEQUEST ANY MONEYS, 3,110
LANDS, OR OTHER PROPERTY FOR THE PURPOSES FOR WHICH THE COUNCIL 3,111
IS ESTABLISHED. THE AGENT SHALL HOLD, APPLY, AND DISPOSE OF THE 3,112
MONEYS, LANDS, OR OTHER PROPERTY ACCORDING TO THE TERMS OF THE 3,113
GIFT, GRANT, DEVISE, OR BEQUEST. ANY INTEREST OR EARNINGS SHALL 3,114
BE TREATED IN THE SAME MANNER AND ARE SUBJECT TO THE SAME TERMS 3,115
AS THE GIFT, GRANT, DEVISE, OR BEQUEST FROM WHICH IT ACCRUES.
(5) Two or more county councils may enter into an 3,117
agreement to administer their county councils jointly by creating 3,119
a regional family and children first council. A regional council
possesses the same duties and authority possessed by a county 3,121
council, except that the duties and authority apply regionally 3,122
rather than to individual counties. Prior to entering into an 3,123
agreement to create a regional council, the members of each 3,124
county council to be part of the regional council shall meet to 3,125
determine whether all or part of the members of each county 3,126
75
council will serve as members of the regional council. 3,127
(6) A board of county commissioners served by a county 3,129
council or represented on a regional council may approve a 3,130
resolution by a majority vote of the board's members that 3,132
requires the county or regional council, TO SUBMIT A STATEMENT TO 3,133
THE BOARD each time it THE COUNCIL proposes to enter into an 3,134
agreement, adopt a plan, or make a decision, other than a 3,136
decision pursuant to section 121.38 of the Revised Code, that
requires the expenditure of funds for two or more families, to 3,138
submit to the board a. THE statement describing SHALL DESCRIBE 3,140
the PROPOSED agreement, plan, or decision. 3,141
No NOT later than fifteen days after the board receives the 3,143
statement, it shall, by resolution approved by a majority of its 3,145
members, approve or disapprove the agreement, plan, or decision. 3,146
Failure of the board to pass a resolution during that time period 3,147
shall be considered approval of the agreement, plan, or decision. 3,148
An agreement, plan, or decision for which a statement is 3,150
required to be submitted to the board shall be implemented only 3,151
if IT IS approved pursuant to division (C)(6) of this section BY 3,153
THE BOARD.
(D)(1) Each county that does not establish a county family 3,155
and children first council shall establish a local intersystem 3,156
services to children cluster. The local cluster shall be 3,157
composed of the following individuals: 3,158
(a) The executive director of the county agency 3,160
responsible for the administration of children services pursuant 3,161
to section 5153.15 of the Revised Code; 3,162
(b) A representative of the regional office of the 3,164
department of youth services; 3,165
(c) The superintendent of the county board of mental 3,168
retardation and developmental disabilities;
(d) The director of the board of alcohol, drug addiction, 3,170
and mental health services that serves the county, or, in the 3,172
case of a county that has a board of alcohol and drug addiction 3,173
76
services and a community mental health board, the directors of 3,174
both boards;
(e) The health commissioner of the board of health of each 3,177
city or general health district in the county, or their 3,178
designees;
(f) The superintendent of the city, exempted village, or 3,181
local school district with the largest number of pupils residing 3,182
in the county, as determined by the department of education, 3,183
which shall notify each county of its determination at least 3,184
biennially;
(g) A school superintendent representing all other school 3,186
districts with territory in the county, chosen at a biennial 3,187
meeting of the superintendents of those districts. 3,188
A local cluster may invite any other local public or 3,191
private agency or group that funds, advocates, or provides 3,192
services to children to have a representative become a permanent
or temporary member of the cluster. The local cluster may also 3,195
invite parents to become permanent or temporary members of the 3,197
cluster.
Notwithstanding any other provision of law, the public 3,199
members of a local cluster are not prohibited from serving on the 3,200
cluster and making decisions regarding the duties outlined in the 3,202
county's service coordination plan approved under this section. 3,203
(2) A local cluster shall do all of the following: 3,205
(a) Refer to the cabinet council those children for whom 3,207
the local cluster cannot provide adequate services; 3,208
(b) Make periodic reports to the cabinet council regarding 3,210
the number of children referred to the local cluster and the 3,211
progress made in meeting the needs of each child; 3,213
(c) Participate in the development of and approve a 3,216
countywide, comprehensive, coordinated, multi-disciplinary, 3,217
interagency system for infants and toddlers with developmental 3,218
disabilities or delays and their families, as established 3,219
pursuant to federal grants received and administered by the 3,220
77
department of health for early intervention services under the 3,221
"Education of the Handicapped Act Amendments of 1986." 3,222
(3) A local intersystem services for children cluster 3,225
shall comply with the policies, procedures, and activities 3,226
prescribed by the rules or interagency agreements of a state 3,228
department participating on the cabinet council to the extent 3,229
that the local cluster performs a function subject to those rules 3,230
or agreements.
(4) A board of county commissioners served by a local 3,232
cluster may approve a resolution by a majority vote of the 3,233
board's members that requires the cluster, each time it proposes 3,234
to enter into an agreement, adopt a plan, or make a decision, 3,235
other than a decision pursuant to section 121.38 of the Revised 3,236
Code, that requires the expenditure of funds for two or more 3,237
families, to submit to the board a statement describing the 3,238
agreement, plan, or decision.
No later than fifteen days after the board receives the 3,240
statement, it shall, by resolution approved by a majority of its 3,241
members, approve or disapprove the agreement, plan, or decision. 3,242
Failure of the board to pass a resolution during that time period 3,243
shall be considered approval of the agreement, plan, or decision. 3,244
An agreement, plan, or decision for which a statement is 3,246
required to be submitted to the board shall be implemented only 3,247
if approved pursuant to division (D)(4) of this section. 3,248
(E)(1)(C) Each county shall develop a county service 3,251
coordination plan MECHANISM. The plan MECHANISM shall be 3,252
developed and approved with the participation of the county 3,253
entities representing child welfare; mental retardation and 3,255
developmental disabilities; alcohol, drug addiction, and mental 3,256
health services; health; juvenile judges; education; the county 3,257
family and children first council or local intersystem services 3,258
for children cluster; and the county early intervention cluster 3,260
COLLABORATIVE established pursuant to the federal early 3,261
intervention program operated under the "Education of the 3,262
78
Handicapped Act Amendments of 1986." Each plan THE COUNTY SHALL 3,263
ESTABLISH AN IMPLEMENTATION SCHEDULE FOR THE MECHANISM. THE 3,264
CABINET COUNCIL MAY MONITOR THE IMPLEMENTATION AND ADMINISTRATION 3,265
OF EACH COUNTY'S SERVICE COORDINATION MECHANISM. 3,266
EACH MECHANISM shall include all of the following: 3,270
(a)(1) A procedure for assessing the needs of any child, 3,272
including a child who is an abused, neglected, dependent, unruly, 3,273
or delinquent child and under the jurisdiction of the juvenile 3,274
court or a child whose parent or custodian is voluntarily seeking 3,275
services; 3,276
(b)(2) A procedure for assessing the service needs of the 3,278
family of any child, including a child who is an abused, 3,279
neglected, dependent, unruly, or delinquent child and under the 3,280
jurisdiction of the juvenile court or a child whose parent or 3,281
custodian is voluntarily seeking services; 3,282
(c)(3) A procedure for development of a comprehensive 3,284
joint service plan designating service responsibilities among the 3,287
various state and local agencies that provide services to 3,288
children and their families, including children who are abused, 3,289
neglected, dependent, unruly, or delinquent children and under 3,290
the jurisdiction of the juvenile court and children whose parents 3,291
or custodians are voluntarily seeking services;
(d) An implementation schedule of the county service 3,293
coordination plan; 3,294
(e)(4) A mandatory LOCAL DISPUTE RESOLUTION process to 3,297
SERVE AS THE PROCESS THAT MUST BE USED FIRST TO resolve disputes 3,298
among the agencies represented on the county council or local 3,299
cluster concerning the provision of services to children, 3,300
including children who are abused, neglected, dependent, unruly, 3,301
or delinquent children and under the jurisdiction of the juvenile 3,302
court and children whose parents or custodians are voluntarily 3,303
seeking services. The LOCAL dispute resolution process shall 3,304
comply with section 121.38 of the Revised Code. THE CABINET 3,306
COUNCIL SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 3,307
79
REVISED CODE ESTABLISHING AN ADMINISTRATIVE REVIEW PROCESS TO 3,308
ADDRESS PROBLEMS THAT ARISE CONCERNING THE OPERATION OF A LOCAL 3,309
DISPUTE RESOLUTION PROCESS.
(2) On or before March 15, 1996, the county service 3,312
coordination plan shall be submitted to the cabinet council for 3,314
approval. The cabinet council shall approve or reject the plan 3,315
on or before June 1, 1996. The cabinet council's approval shall 3,317
be made in conjunction with a representative of the Ohio 3,318
association of juvenile and county court judges.
If a county fails to submit a plan by March 15, 1996, or if 3,322
the plan submitted is rejected, the cabinet council shall develop 3,323
a plan for the county, including a procedure for designating
service responsibilities and a process for dispute resolution. 3,324
The process for dispute resolution shall be consistent with 3,326
section 121.38 of the Revised Code. Such plans shall be 3,327
developed on or before July 1, 1996, and shall be developed in 3,328
conjunction with a representative of the Ohio association of 3,330
juvenile and county court judges. 3,331
Except in the case of a county plan developed by the 3,333
cabinet council, each county shall implement its plan on or 3,334
before July 1, 1996. A county plan developed by the cabinet 3,335
council shall be implemented by the county on or before August 1, 3,336
1996. The cabinet council may monitor the implementation and 3,338
administration of service coordination plans.
Sec. 121.371. THERE IS HEREBY CREATED THE WELLNESS BLOCK 3,340
GRANT PROGRAM. THE OHIO FAMILY AND CHILDREN FIRST CABINET 3,342
COUNCIL SHALL OVERSEE THE PROGRAM AND THE CHILDREN'S TRUST FUND 3,343
BOARD, CREATED BY SECTION 3109.15 OF THE REVISED CODE, SHALL
SERVE AS THE PROGRAM'S ADMINISTRATIVE AGENT. THE BOARD AND THE 3,344
CABINET COUNCIL SHALL ESTABLISH GUIDELINES FOR OPERATING THE 3,345
WELLNESS BLOCK GRANT PROGRAM. 3,346
THE CHILDREN'S TRUST FUND BOARD MAY ACCEPT GIFTS, 3,348
DONATIONS, GRANTS, OR OTHER MONEYS FOR THE WELLNESS BLOCK GRANT 3,349
PROGRAM FROM ANY SOURCE. THE BOARD SHALL USE THE FUNDS RECEIVED 3,350
80
TO MAKE BLOCK GRANTS TO COUNTY FAMILY AND CHILDREN FIRST 3,351
COUNCILS. THE AMOUNT TO BE GRANTED TO EACH COUNTY COUNCIL SHALL 3,352
BE DETERMINED BY THE BOARD AND THE CABINET COUNCIL. TO COVER 3,353
ADMINISTRATIVE EXPENSES, THE BOARD MAY USE IN EACH STATE FISCAL 3,354
YEAR AN AMOUNT NOT TO EXCEED ONE PER CENT OF THE TOTAL AMOUNT 3,355
AVAILABLE FOR THE PROGRAM IN THAT YEAR. 3,356
COUNTY COUNCILS SHALL USE THE FUNDS THEY RECEIVE THROUGH 3,358
WELLNESS BLOCK GRANTS TO FUND COMMUNITY-BASED PROGRAMS OF 3,359
PREVENTION SERVICES THAT ADDRESS ISSUES OF BROAD SOCIAL CONCERN, 3,360
AS DETERMINED BY THE CABINET COUNCIL AND THE BOARD, AND TO FUND 3,361
STATE-DIRECTED TRAINING, EVALUATION, AND EDUCATION PROGRAMS 3,362
PERTAINING TO THE ISSUES BEING ADDRESSED. EACH COUNTY COUNCIL 3,363
SHALL SUBMIT TO THE BOARD A PROGRAM AND FISCAL PLAN THAT OUTLINES 3,365
ITS PROPOSAL FOR EXPENDITURE OF ITS BLOCK GRANT.
AS REQUESTED BY THE BOARD ON BEHALF OF THE CABINET COUNCIL, 3,368
EACH COUNTY COUNCIL SHALL SUBMIT PROGRAM AND FISCAL ACCOUNTINGS 3,369
REGARDING THE USE OF ITS BLOCK GRANT. THE BOARD AND THE CABINET 3,370
COUNCIL SHALL ESTABLISH CRITERIA FOR ASSESSING A COUNTY COUNCIL'S 3,371
PROGRESS IN ACHIEVING THE GOALS OF THE WELLNESS BLOCK GRANT 3,372
PROGRAM. IF A COUNTY COUNCIL DOES NOT OPERATE IN ACCORDANCE WITH 3,373
THE PROGRAM GUIDELINES AND CRITERIA ESTABLISHED BY THE BOARD AND 3,374
THE CABINET COUNCIL, THE BOARD AND THE CABINET COUNCIL MAY REVISE 3,375
THE ALLOCATION OF FUNDS THAT THE COUNTY COUNCIL RECEIVES. 3,376
THE BOARD SHALL PREPARE AN ANNUAL REPORT DETAILING THE 3,378
RESULTS OF THE PROGRAM. THE REPORT SHALL BE SUBMITTED TO THE 3,379
GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE 3,380
HOUSE OF REPRESENTATIVES. 3,381
Sec. 121.38. (A) An agency represented on a county family 3,390
and children first council or local intersystem services to 3,391
children cluster that disagrees with the council or cluster's 3,393
COUNCIL'S decision concerning the services or funding for 3,395
services a child is to receive from agencies represented on the
council or cluster may initiate the LOCAL dispute resolution 3,396
process established in the COUNTY service coordination plan 3,398
81
MECHANISM applicable to the council or cluster. On completion of 3,400
the process, the decision maker designated in the service 3,401
coordination plan MECHANISM shall issue a written determination 3,403
that directs one or more agencies represented on the council or 3,404
cluster to provide services or funding for services to the child. 3,406
The determination shall include a plan of care governing the 3,407
manner in which the services or funding are to be provided. The 3,408
decision maker shall base the plan of care on the COMPREHENSIVE 3,409
JOINT SERVICE plan described in division (E)(1)(c) of section 3,410
121.37 of the Revised Code DEVELOPED AS PART OF THE COUNTY'S 3,411
SERVICE COORDINATION MECHANISM and on evidence presented during 3,412
the LOCAL DISPUTE RESOLUTION process. The decision maker may 3,414
require an agency to provide services or funding only if the 3,415
child's condition or needs qualify the child for services under 3,416
the laws governing the agency.
(B) An agency subject to a determination issued pursuant 3,418
to a LOCAL dispute resolution process shall immediately comply 3,419
with the determination, unless the agency objects to the 3,421
determination by doing one of the following not later than seven 3,422
days after the date the written determination is issued:
(1) If the child has been alleged or adjudicated to be an 3,424
abused, neglected, dependent, unruly, or delinquent child or a 3,425
juvenile traffic offender, filing in the juvenile court of the 3,426
county having jurisdiction over the child's case a motion 3,427
requesting that the court hold a hearing to determine which 3,428
agencies are to provide services or funding for services to the 3,429
child.
(2) If the child is not a child described in division 3,431
(B)(1) of this section, filing in the juvenile court of the 3,432
county served by the county council or local cluster a complaint 3,433
objecting to the determination.
The court shall hold a hearing as soon as possible, but no 3,435
NOT later than ninety days after the motion or complaint is 3,438
filed. No later than AT LEAST five days before the date on which 3,440
82
the court hearing is to be held, the court shall send each agency 3,441
subject to the determination written notice by first class mail
of the date, time, place, and purpose of the court hearing. In 3,442
the case of a motion filed under division (B)(1) of this section, 3,443
the court may conduct the hearing as part of the adjudicatory or 3,444
dispositional hearing concerning the child, if appropriate, and 3,445
shall provide notice as required for those hearings. 3,446
Except in cases in which the hearing is conducted as part 3,448
of the adjudicatory or dispositional hearing, a hearing held 3,449
pursuant to this division shall be limited to a determination of 3,450
which agencies are to provide services or funding for services to 3,451
the child. At the conclusion of the hearing, the court shall 3,452
issue an order directing one or more agencies represented on the 3,453
county council or local cluster to provide services or funding 3,455
for services to the child. The order shall include a plan of
care governing the manner in which the services or funding are to 3,457
be provided. The court shall base the plan of care on the 3,458
COMPREHENSIVE JOINT SERVICE plan described in division (E)(1)(c) 3,460
of section 121.37 of the Revised Code DEVELOPED AS PART OF THE 3,461
COUNTY'S SERVICE COORDINATION PLAN and on evidence presented 3,462
during the hearing. An agency required by the order to provide
services or funding shall be a party to any juvenile court 3,464
proceeding concerning the child. The court may require an agency 3,465
to provide services or funding for a child only if the child's
condition or needs qualify the child for services under the laws 3,466
governing the agency. 3,467
(C) While the LOCAL dispute resolution process or court 3,469
proceedings pursuant to this section are pending, each agency 3,470
shall provide services and funding as required by the decision 3,471
made by the COUNTY council or cluster before dispute resolution 3,473
was initiated. If an agency that provides services or funds 3,474
during the LOCAL dispute resolution process or court proceedings
is determined through the process or proceedings not to be 3,476
responsible for providing them, it shall be reimbursed FOR the 3,477
83
costs of providing the services or for the funding by the 3,479
agencies determined to be responsible for providing them.
(D) Each county council or local cluster shall report 3,481
annually to the Ohio family and children first cabinet council 3,482
the following information: 3,483
(1) The number of cases resolved by dispute resolution; 3,485
(2) The number of cases resolved by judicial 3,487
determination;
(3) The amount of money spent by each agency using dispute 3,489
resolution or requesting a judicial determination with respect to 3,490
children being served by the agency. 3,491
A report shall not contain any information that personally 3,493
identifies any individual. The cabinet council shall specify the 3,494
date on which the report is to be made. 3,495
Sec. 121.40. (A) There is hereby created the governor's 3,504
community service council consisting of twenty-one members 3,505
including the superintendent of public instruction or the 3,506
superintendent's designee, the chancellor of the Ohio board of 3,507
regents or the chancellor's designee, the director of natural 3,508
resources or the director's designee, the director of youth 3,509
services or the director's designee, the director of aging or the 3,511
director's designee, the director of human services or the 3,512
director's designee, the chairperson of the committee of the 3,513
house of representatives dealing with education or the 3,514
chairperson's designee, the chairperson of the committee of the 3,515
senate dealing with education or the chairperson's designee, and 3,516
thirteen members who shall be appointed by the governor with the 3,518
advice and consent of the senate and who shall serve terms of 3,519
office of three years. The appointees shall include educators, 3,520
including teachers and administrators; representatives of youth 3,521
organizations; students and parents; representatives of 3,522
organizations engaged in volunteer program development and
management throughout the state, including youth and conservation 3,523
programs; and representatives of business, government, nonprofit 3,524
84
organizations, social service agencies, veterans organizations, 3,525
religious organizations, or philanthropies that support or 3,526
encourage volunteerism within the state. Members of the council 3,528
shall receive no compensation, but shall be reimbursed for actual 3,529
and necessary expenses incurred in the performance of their 3,530
official duties.
(B) The council shall appoint an executive director for 3,532
the council, who shall be in the unclassified civil service. The 3,534
executive director shall supervise the council's activities and 3,535
report to the council on the progress of those activities. The 3,537
department of youth services shall serve as the council's fiscal 3,538
agent. The EXECUTIVE DIRECTOR SHALL DO ALL THINGS NECESSARY FOR 3,539
THE EFFICIENT AND EFFECTIVE IMPLEMENTATION OF THE DUTIES OF THE 3,540
COUNCIL.
THE RESPONSIBILITIES ASSIGNED TO THE EXECUTIVE DIRECTOR DO 3,542
NOT RELIEVE THE MEMBERS OF THE COUNCIL FROM FINAL RESPONSIBILITY 3,543
FOR THE PROPER PERFORMANCE OF THE REQUIREMENTS OF THIS DIVISION. 3,544
(C) THE council OR ITS DESIGNEE shall do all of the 3,548
following:
(1) EMPLOY, PROMOTE, SUPERVISE, AND REMOVE ALL EMPLOYEES 3,551
AS NEEDED IN CONNECTION WITH THE PERFORMANCE OF ITS DUTIES UNDER 3,553
THIS SECTION AND MAY ASSIGN DUTIES TO THOSE EMPLOYEES AS
NECESSARY TO ACHIEVE THE MOST EFFICIENT PERFORMANCE OF ITS 3,554
FUNCTIONS, AND TO THAT END MAY ESTABLISH, CHANGE, OR ABOLISH 3,555
POSITIONS, AND ASSIGN AND REASSIGN DUTIES AND RESPONSIBILITIES OF 3,556
ANY EMPLOYEE OF THE COUNCIL. PERSONNEL EMPLOYED BY THE COUNCIL 3,557
WHO ARE SUBJECT TO CHAPTER 4117. OF THE REVISED CODE SHALL RETAIN 3,559
ALL OF THEIR RIGHTS AND BENEFITS CONFERRED PURSUANT TO THAT 3,560
CHAPTER. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED AS 3,561
ELIMINATING OR INTERFERING WITH CHAPTER 4117. OF THE REVISED CODE 3,563
OR THE RIGHTS AND BENEFITS CONFERRED UNDER THAT CHAPTER TO PUBLIC 3,564
EMPLOYEES OR TO ANY BARGAINING UNIT. 3,565
(2) MAINTAIN ITS OFFICE IN COLUMBUS, AND MAY HOLD SESSIONS 3,568
AT ANY PLACE WITHIN THE STATE;
85
(3) ACQUIRE FACILITIES, EQUIPMENT, AND SUPPLIES NECESSARY 3,570
TO HOUSE THE COUNCIL, ITS EMPLOYEES, AND FILES AND RECORDS UNDER 3,571
ITS CONTROL, AND TO DISCHARGE ANY DUTY IMPOSED UPON IT BY LAW. 3,572
THE EXPENSE OF THESE ACQUISITIONS SHALL BE AUDITED AND PAID FOR 3,573
IN THE SAME MANNER AS OTHER STATE EXPENSES. FOR THAT PURPOSE, 3,574
THE COUNCIL SHALL PREPARE AND SUBMIT TO THE OFFICE OF BUDGET AND
MANAGEMENT A BUDGET FOR EACH BIENNIUM ACCORDING TO SECTIONS 3,575
101.55 AND 107.03 OF THE REVISED CODE. THE BUDGET SUBMITTED 3,577
SHALL COVER THE COSTS OF THE COUNCIL AND ITS STAFF IN THE 3,578
DISCHARGE OF ANY DUTY IMPOSED UPON THE COUNCIL BY LAW. THE 3,579
COUNCIL SHALL NOT DELEGATE ANY AUTHORITY TO OBLIGATE FUNDS. 3,580
(4) PAY ITS OWN PAYROLL AND OTHER OPERATING EXPENSES FROM 3,582
LINE ITEMS DESIGNATED BY THE GENERAL ASSEMBLY; 3,583
(5) RETAIN ITS FIDUCIARY RESPONSIBILITY AS APPOINTING 3,585
AUTHORITY. ANY TRANSACTION INSTRUCTIONS SHALL BE CERTIFIED BY 3,586
THE APPOINTING AUTHORITY OR ITS DESIGNEE. 3,587
(6) ESTABLISH THE OVERALL POLICY AND MANAGEMENT OF THE 3,589
COUNCIL IN ACCORDANCE WITH THIS CHAPTER; 3,590
(A)(7) Assist in coordinating and preparing the state 3,592
application for funds under sections 101 to 184 of the "National 3,593
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 3,594
U.S.C.A. 12411 to 12544, and amendments thereto, assist in 3,595
administering and overseeing the "National and Community Service 3,596
Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the 3,597
americorps program in this state, and assist in developing 3,598
objectives for a comprehensive strategy to encourage and expand 3,599
community service programs throughout the state;
(B)(8) Assist the state board of education, school 3,601
districts, the board of regents, and institutions of higher 3,602
education in coordinating community service education programs 3,603
through cooperative efforts between institutions and 3,604
organizations in the public and private sectors; 3,605
(C)(9) Assist the departments of natural resources, youth 3,607
services, aging, and human services in coordinating community 3,608
86
service programs through cooperative efforts between institutions 3,609
and organizations in the public and private sectors; 3,610
(D)(10) Suggest individuals and organizations that are 3,612
available to assist school districts, institutions of higher 3,613
education, and the departments of natural resources, youth 3,614
services, aging, and human services in the establishment of 3,615
community service programs and assist in investigating sources of 3,616
funding for implementing such programs; 3,617
(E)(11) Assist in evaluating the state's efforts in 3,619
providing community service programs using standards and methods 3,620
that are consistent with any statewide objectives for such 3,621
programs and provide information to the state board of education, 3,622
school districts, the board of regents, institutions of higher 3,623
education, and the departments of natural resources, youth 3,624
services, aging, and human services to guide them in making 3,625
decisions about these programs; 3,626
(F)(12) Assist the state board of education in complying 3,628
with section 3301.70 of the Revised Code and the board of regents 3,629
in complying with division (B)(2) of section 3333.043 of the 3,630
Revised Code. 3,631
(D) THE DEPARTMENT OF AGING SHALL SERVE AS THE COUNCIL'S 3,633
FISCAL AGENT. BEGINNING ON JULY 1, 1997, WHENEVER REFERENCE IS 3,635
MADE IN ANY LAW, CONTRACT, OR DOCUMENT TO THE FUNCTIONS OF THE 3,636
DEPARTMENT OF YOUTH SERVICES AS FISCAL AGENT TO THE COUNCIL, THE 3,637
REFERENCE SHALL BE DEEMED TO REFER TO THE DEPARTMENT OF AGING. 3,638
THE DEPARTMENT OF AGING SHALL HAVE NO RESPONSIBILITY FOR OR 3,639
OBLIGATION TO COUNCIL PRIOR TO JULY 1, 1997. PRIOR TO THAT DATE,
ANY VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR 3,640
LIABILITY SHALL BE RETAINED BY THE COUNCIL. 3,641
AS USED IN THIS SECTION, "FISCAL AGENT" MEANS TECHNICAL 3,643
SUPPORT AND INCLUDES THE FOLLOWING TECHNICAL SUPPORT SERVICES: 3,644
(1) PREPARING AND PROCESSING PAYROLL AND OTHER PERSONNEL 3,646
DOCUMENTS THAT THE COUNCIL EXECUTES AS THE APPOINTING AUTHORITY. 3,647
THE DEPARTMENT OF AGING SHALL NOT APPROVE ANY PAYROLL OR OTHER 3,648
87
PERSONNEL-RELATED DOCUMENTS.
(2) MAINTAINING LEDGERS OF ACCOUNTS AND REPORTS OF ACCOUNT 3,650
BALANCES, AND MONITORING BUDGETS AND ALLOTMENT PLANS IN 3,651
CONSULTATION WITH THE COUNCIL. THE DEPARTMENT SHALL NOT APPROVE 3,652
ANY BIENNIAL BUDGET, GRANT, EXPENDITURE, AUDIT, OR FISCAL-RELATED 3,653
DOCUMENT.
(3) PERFORMING OTHER ROUTINE SUPPORT SERVICES THAT THE 3,655
DIRECTOR OF AGING OR THE DIRECTOR'S DESIGNEE AND THE COUNCIL OR 3,656
ITS DESIGNEE CONSIDER APPROPRIATE TO ACHIEVE EFFICIENCY. 3,657
(E) THE COUNCIL OR ITS DESIGNEE HAS THE FOLLOWING 3,659
AUTHORITY AND RESPONSIBILITY RELATIVE TO FISCAL MATTERS: 3,660
(1) SOLE AUTHORITY TO DRAW FUNDS FOR ANY AND ALL FEDERAL 3,662
PROGRAMS IN WHICH THE COUNCIL IS AUTHORIZED TO PARTICIPATE; 3,664
(2) SOLE AUTHORITY TO EXPEND FUNDS FROM THEIR ACCOUNTS FOR 3,666
PROGRAMS AND ANY OTHER NECESSARY EXPENSES THE COUNCIL MAY INCUR 3,667
AND ITS SUBGRANTEES MAY INCUR;
(3) RESPONSIBILITY TO COOPERATE WITH AND INFORM THE 3,669
DEPARTMENT OF AGING AS FISCAL AGENT TO ENSURE THAT THE DEPARTMENT 3,670
IS FULLY APPRISED OF ALL FINANCIAL TRANSACTIONS. 3,671
THE COUNCIL SHALL FOLLOW ALL STATE PROCUREMENT 3,673
REQUIREMENTS.
THE DEPARTMENT OF AGING SHALL DETERMINE FEES TO BE CHARGED 3,675
TO THE COUNCIL, WHICH SHALL BE IN PROPORTION TO THE SERVICES 3,676
PERFORMED FOR THE COUNCIL.
THE COUNCIL SHALL PAY FEES OWED TO THE DEPARTMENT OF AGING 3,678
FROM A GENERAL REVENUE FUND OF THE COUNCIL OR FROM ANY OTHER FUND 3,679
FROM WHICH THE OPERATING EXPENSES OF THE COUNCIL ARE PAID. ANY 3,680
AMOUNTS SET ASIDE FOR A FISCAL YEAR FOR THE PAYMENT OF SUCH FEES 3,681
SHALL BE USED ONLY FOR THE SERVICES PERFORMED FOR THE COUNCIL BY 3,682
THE DEPARTMENT OF AGING IN THAT FISCAL YEAR.
Sec. 121.52. (A) The women's policy and research 3,692
commission shall do all of the following: 3,693
(1) Establish policies and procedures governing the 3,695
operation of the women's policy and research center established 3,696
88
under section 121.53 of the Revised Code; 3,697
(2) Employ an executive director for the center to 3,699
implement the policies and procedures established under division 3,700
(A)(1) of this section; 3,701
(3) Furnish a written report of its activities for the 3,703
preceding calendar year not later than the first day of February 3,704
of each year to the governor, the president of the senate, and 3,705
the speaker of the house of representatives. 3,706
(B) The commission may do any of the following: 3,708
(1) Hold public hearings to assess the problems and needs 3,710
of women in this state; 3,711
(2) Create standing or special committees as needed. These 3,714
standing or special committees shall be chaired by a member of 3,715
the commission but may include members who are not members of the 3,716
commission.
(3) SELL PUBLICATIONS ISSUED BY THE COMMISSION OR THE 3,718
CENTER;
(4) Accept gifts, donations, benefits, and other funds 3,720
from any public agency or private source to carry out any or all 3,721
of the commission's or center's powers or duties. 3,722
(C) All expenses incurred in carrying out sections 121.51 3,724
to 121.53 of the Revised Code are payable solely from the funds 3,725
of the commission. 3,726
(D) There is hereby established in the state treasury, in 3,728
the state special revenue fund group, the women's policy and 3,729
research commission fund. All PROCEEDS FROM THE SALE OF 3,730
PUBLICATIONS UNDER DIVISION (B)(3) OF THIS SECTION AND ALL gifts, 3,731
donations, benefits, and other funds received by the commission 3,732
under division (B)(3)(4) of this section shall be deposited in 3,733
the fund.
Sec. 122.15. As used in sections 122.15 to 122.154 of the 3,743
Revised Code:
(A) "Edison center" means a cooperative research and 3,745
development facility that receives funding through the Thomas 3,746
89
Alva Edison grant program under division (C) of section 122.33 of 3,748
the Revised Code.
(B) "Ohio entity" means any corporation, limited liability 3,751
company, or unincorporated business organization, including a 3,752
general or limited partnership, that has its principal place of 3,753
business located in this state and has at least fifty per cent of 3,754
its gross assets or AND FIFTY PER CENT OF ITS employees located 3,755
in this state. If a corporation, limited liability company, or 3,757
unincorporated business organization is a member of an affiliated 3,758
group, the gross assets or AND the number of employees of all of 3,760
the members of that affiliated group, wherever those assets or 3,761
AND employees are located, shall be included for the purpose of 3,762
determining the percentage of the corporation's, company's, or
organization's gross assets or AND employees that are located in 3,763
this state. 3,764
(C) "Qualified trade or business" means any trade or 3,767
business that primarily involves research and development,
technology transfer, BIO-TECHNOLOGY, or the application of new 3,768
technology developed through research and development or acquired 3,770
through technology transfer. "Qualified trade or business" does 3,772
not include any of the following:
(1) Any trade or business involving the performance of 3,774
services in the field of health, law, engineering, architecture, 3,775
accounting, actuarial science, performing arts, consulting, 3,776
athletics, financial services, or brokerage services, or any 3,777
trade or business where the principal asset of the trade or 3,778
business is the reputation or skill of one or more of its 3,779
employees; 3,780
(2) Any banking, insurance, financing, leasing, rental, 3,782
investing, or similar business; 3,783
(3) Any farming business, including the business of 3,785
raising or harvesting trees; 3,786
(4) Any business involving the production or extraction of 3,789
products of a character with respect to which a deduction is
90
allowable under section 611, 613, or 613A of the "Internal 3,791
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 3,793
613A;
(5) Any business of operating a hotel, motel, restaurant, 3,796
or similar business;
(6) ANY TRADE OR BUSINESS INVOLVING A HOSPITAL, A PRIVATE 3,798
OFFICE OF A LICENSED HEALTH CARE PROFESSIONAL, A GROUP PRACTICE 3,799
OF LICENSED HEALTH CARE PROFESSIONALS, OR A NURSING HOME. AS 3,800
USED IN DIVISION (C)(6) OF THIS SECTION: 3,801
(a) "NURSING HOME" HAS THE SAME MEANING AS IN SECTION 3,803
3721.50 OF THE REVISED CODE. 3,804
(b) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 3,806
OF THE REVISED CODE.
(D) "Related member" has the same meaning as in division 3,808
(A)(6) of section 5733.042 of the Revised Code without regard to 3,811
division (B) of that section INSIDER" MEANS AN INDIVIDUAL WHO 3,812
OWNS, CONTROLS, OR HOLDS POWER TO VOTE FIVE PER CENT OR MORE OF 3,813
THE OUTSTANDING SECURITIES OF A BUSINESS. 3,814
(E) "Related to" means being the spouse, parent, child, or 3,816
sibling of an individual. 3,817
(F) "Research and development" means designing, creating, 3,820
or formulating new or enhanced products, equipment, or processes, 3,821
and conducting scientific or technological inquiry and 3,822
experimentation in the physical sciences with the goal of 3,823
increasing scientific knowledge that may reveal the bases for new 3,824
or enhanced products, equipment, or processes. 3,825
(G) "State tax liability" means any tax liability, 3,828
including any related penalties or interest, incurred under 3,829
division (D) of section 5707.03, section 5727.38 or 5747.02, or 3,830
Chapter 5733. of the Revised Code. 3,831
(H) "Technology transfer" means the transfer of technology 3,834
from one sector of the economy to another, including the transfer 3,835
of military technology to civilian applications, civilian 3,836
technology to military applications, or technology from public or 3,837
91
private research laboratories to military or civilian 3,838
applications.
(I) "Affiliated group" means two or more persons related 3,841
in such a way that one of the persons owns or controls the 3,842
business operations of another of those persons. In the case of 3,843
a corporation issuing capital stock, one corporation owns or 3,844
controls the business operations of another corporation if it 3,846
owns more than fifty per cent of the other corporation's capital 3,847
stock with voting rights. In the case of a limited liability 3,848
company, one person owns or controls the business operations of 3,849
the company if that person's membership interest, as defined in 3,850
section 1705.01 of the Revised Code, is greater than fifty per 3,851
cent of combined membership interest of all persons owning such
interests in the company. In the case of an unincorporated 3,852
business organization, one person owns or controls the business 3,853
operations of the organization if, under the articles of 3,854
organization or other instrument governing the affairs of the 3,855
organization, that person has a beneficial interest in the 3,856
organization's profits, surpluses, losses, or other distributions 3,857
greater than fifty per cent of the combined beneficial interests
of all persons having such an interest in the organization. 3,858
(J) "MONEY" MEANS UNITED STATES CURRENCY, OR A CHECK, 3,861
DRAFT, OR CASHIER'S CHECK FOR UNITED STATES CURRENCY, PAYABLE ON 3,862
DEMAND AND DRAWN ON A BANK.
Sec. 122.151. (A) An investor who proposes to make an 3,871
investment OF MONEY in an Ohio entity may apply to an Edison 3,873
center for a tax credit under this section. The Edison center 3,874
shall prescribe the form of the application and any information 3,875
that the investor must submit with the application. The investor 3,877
shall include with the application a fee of two hundred dollars. 3,878
The center, within three weeks after receiving the application, 3,879
shall review it, determine whether the investor should be 3,880
recommended for the tax credit, and send written notice of its 3,881
initial determination to the industrial technology and enterprise 3,882
92
advisory council and to the investor. If the center determines 3,884
the investor should not be recommended for the tax credit, it 3,885
shall include in the notice the reasons for the determination. 3,887
Subject to divisions (C) and (D) of this section, an investor is 3,890
eligible for a tax credit if all of the following requirements 3,891
are met:
(1) The investor's investment OF MONEY is in an Ohio 3,893
entity engaged in a qualified trade or business; 3,895
(2) The Ohio entity had less than one million dollars of 3,898
gross revenue during its most recently completed fiscal year, or 3,899
had a net book value of less than one million dollars at the end 3,900
of that fiscal year; 3,901
(3) The investment takes the form of the purchase of 3,903
common or preferred stock, a membership interest, a partnership 3,904
interest, or any other ownership interest; 3,905
(4) The amount of the investment for which the credit is 3,907
being claimed does not exceed one hundred fifty thousand dollars; 3,909
(5) The money invested is entirely at risk of loss, where 3,911
repayment depends upon the success of the business operations of 3,912
the Ohio entity; 3,913
(6) If the investment MONEY INVESTED is to be repaid to 3,915
the investor if the Ohio entity is successful, no repayment, 3,918
except for dividends or interest, will be made for at least three 3,919
years from the date the investment is made;
(7) The annual amount of any dividend and interest 3,921
payments to be made to the investor will not exceed ten per cent 3,922
of the amount of the investment;
(8) The Ohio entity is not a related member of the 3,925
investor or an individual related to the investor OR THE INVESTOR 3,926
IS NOT AN INSIDER.
For the purposes of determining the net book value of an 3,928
Ohio entity under division (A)(1) or (2) of this section, if the 3,930
entity is a member of an affiliated group, the combined net book 3,931
values of all of the members of that affiliated group shall be 3,932
93
used.
(B) A group of two or BUT NOT more THAN TWENTY investors, 3,935
each of whom proposes to make an investment OF MONEY in the same 3,937
Ohio entity, may submit an application for tax credits under 3,938
division (A) of this section. The group shall include with the 3,940
application a fee of eight hundred dollars. The application 3,941
shall identify each investor in the group and the amount OF MONEY 3,942
each investor proposes to invest in the Ohio entity, and shall 3,945
name a contact person for the group. The Edison center, within 3,946
three weeks after receiving the application, shall review it, 3,947
determine whether each investor of the group should be 3,948
recommended for a tax credit under the conditions set forth in 3,949
division (A) of this section, and send written notice of its 3,951
determination to the industrial technology and enterprise 3,952
advisory council and to the contact person. The center shall not 3,954
recommend that a group of investors receive a tax credit unless 3,955
each investor is eligible under those conditions. THE CENTER MAY 3,956
DISQUALIFY FROM A GROUP ANY INVESTOR WHO IS NOT ELIGIBLE UNDER 3,957
THE CONDITIONS AND RECOMMEND THAT THE REMAINING GROUP OF 3,958
INVESTORS RECEIVE THE TAX CREDIT. If the center determines the 3,959
group should not be recommended for the tax credit, it shall 3,960
include in the notice the reasons for the determination. 3,961
(C) The industrial technology and enterprise advisory 3,963
council shall establish from among its members a three-person 3,965
subcommittee COMMITTEE. Within two FOUR weeks after the council 3,967
receives a notice of recommendation from an Edison center, the 3,969
subcommittee COMMITTEE shall review the recommendation and issue 3,970
a final determination of whether the investor or group is 3,972
eligible for a tax credit under the conditions set forth in
division (A) of this section. The subcommittee COMMITTEE may 3,973
require the investor or group to submit additional information to 3,975
support the application. The vote of at least two members of the 3,977
subcommittee COMMITTEE is necessary for the issuance of a final 3,980
determination or any other action of the subcommittee COMMITTEE. 3,981
94
Upon making the final determination, the subcommittee COMMITTEE 3,982
shall send written notice of approval or disapproval of the tax 3,984
credit to the investor or group contact person, to the director 3,986
of development, and to the Edison center. If the subcommittee 3,987
COMMITTEE disapproves the tax credit, it shall include in the 3,989
notice the reasons for the disapproval.
(D)(1) The industrial technology and enterprise advisory 3,991
council subcommittee COMMITTEE shall not approve more than one 3,993
million dollars of investments in any one Ohio entity. However, 3,995
if a proposed investment OF MONEY in an Ohio entity has been 3,997
approved but the investor does not actually make the investment, 3,998
the subcommittee COMMITTEE may reassign the amount of that 3,999
investment to another investor, as long as the total amount 4,000
invested in the entity under this section does not exceed one 4,001
million dollars. 4,002
If the one-million-dollar limit for an Ohio entity has not 4,005
yet been reached and an application proposes an investment OF 4,006
MONEY that would exceed the limit for that entity, the 4,007
subcommittee COMMITTEE shall send written notice to the investor, 4,009
or, for a group, the contact person, that the investment cannot 4,011
be approved as requested. Upon receipt of the notice, the 4,012
investor or group may amend the application to propose an 4,013
investment OF MONEY that does not exceed the limit. 4,014
(2) Not more than ten million dollars of tax credits shall 4,017
be issued under sections 122.15 to 122.154 of the Revised Code. 4,019
(E) If an investor makes an approved investment OF MONEY 4,021
in an Ohio entity of less than one hundred fifty thousand 4,023
dollars, the investor may apply for approval of another 4,024
investment OF MONEY in that entity, as long as the total amount 4,025
invested in that entity by the investor under this section does
not exceed one hundred fifty thousand dollars. An investor who 4,026
receives approval of an investment OF MONEY as part of a group 4,027
may subsequently apply on an individual basis for approval of an 4,028
additional investment OF MONEY in the Ohio entity. 4,029
95
(F) The industrial technology and enterprise advisory 4,031
council subcommittee COMMITTEE shall approve or disapprove tax 4,032
credit applications under this section in the order in which they 4,034
are received by the council. 4,035
(G) The director of development may disapprove any 4,037
application recommended by an Edison center and approved by the 4,039
subcommittee of the industrial technology and enterprise advisory 4,040
council COMMITTEE, or may disapprove a credit for which a tax 4,042
credit certificate has been issued under section 122.152 of the 4,044
Revised Code, if the director determines that the entity in which 4,046
the applicant proposes to invest or has invested is not an Ohio 4,047
entity eligible to receive investments that qualify for the 4,048
credit. If the director disapproves an application, the director 4,049
shall certify the action to the investor, the Edison center that 4,050
recommended the application, the industrial technology and 4,051
enterprise advisory council, and the tax commissioner, together 4,053
with a written explanation of the reasons for the disapproval. 4,054
If the director disapproves a tax credit after a tax credit
certificate is issued, the investor shall not claim the credit 4,055
for the taxable year that includes the day the director 4,056
disapproves the credit, or for any subsequent taxable year. 4,057
THE DIRECTOR OF DEVELOPMENT, IN ACCORDANCE WITH SECTION 4,059
111.15 OF THE REVISED CODE AND WITH THE ADVICE OF THE INDUSTRIAL 4,060
TECHNOLOGY AND ENTERPRISE ADVISORY COUNCIL, MAY ADOPT, AMEND, AND 4,061
RESCIND RULES NECESSARY TO IMPLEMENT SECTIONS 122.15 TO 122.154 4,062
OF THE REVISED CODE.
(H) All of the Edison centers may designate one of the 4,064
Edison centers as the center responsible for assuming the duties 4,066
prescribed for those centers under sections 122.15 to 122.154 of 4,067
the Revised Code.
The Edison centers shall designate one person from one of 4,070
the centers to assist the subcommittee of the industrial
technology and enterprise advisory council in the administration 4,072
of sections 122.15 to 122.154 of the Revised Code. 4,073
96
(I) An Edison center shall use money from application fees 4,076
received under this section only for the costs of administering
sections 122.15 to 122.154 of the Revised Code. 4,077
Sec. 122.152. (A) An investor who receives notice of 4,086
approval for an investment OF MONEY from the industrial 4,087
technology and enterprise advisory council subcommittee COMMITTEE 4,089
under section 122.151 of the Revised Code may, not more than 4,090
thirty days after receiving the notice, MAY make the investment 4,091
and apply to the council for a tax credit certificate. If the 4,093
council is satisfied the investor has made the investment IN THE 4,094
PROPER FORM, it shall issue to the investor a tax credit 4,095
certificate indicating that the investor is allowed a tax credit 4,096
in an amount equal to twenty-five per cent of the investment. 4,097
An investor who receives approval of a proposed investment 4,099
OF MONEY through a group application shall, after making the 4,100
investment, SHALL apply for a tax credit certificate on an 4,102
individual basis.
(B) An investor who is issued a tax credit certificate 4,105
under this section may claim a nonrefundable credit equal to the 4,106
amount indicated on the certificate against any state tax 4,107
liability. The investor shall claim the credit for the taxable 4,108
year in which the certificate is issued. 4,109
(1) If the credit to which a taxpayer otherwise would be 4,112
entitled under this section for any taxable year is greater than 4,113
the tax otherwise due under division (D) of section 5707.03 or 4,114
section 5727.38 of the Revised Code, the excess shall be allowed 4,117
as a credit in each of the ensuing fifteen taxable years, but the 4,118
amount of any excess credit allowed in an ensuing taxable year 4,119
shall be deducted from the balance carried forward to the next 4,120
taxable year.
(2) If the credit to which a taxpayer otherwise would be 4,123
entitled under this section for any taxable year is greater than 4,124
the tax otherwise due under section 5747.02 or Chapter 5733. of 4,125
the Revised Code, after allowing for any other credits that 4,126
97
precede the credit allowed under this section in the order 4,127
required under section 5733.98 or 5747.98 of the Revised Code, 4,128
the excess shall be allowed as a credit in each of the ensuing 4,129
fifteen taxable years, but the amount of any excess credit 4,130
allowed in an ensuing taxable year shall be deducted from the 4,131
balance carried forward to the next taxable year. 4,132
(C) Any portion of a credit allowed under this section 4,135
that is utilized by an investor to reduce the investor's state 4,136
tax liability shall not be utilized by any other person.
(D) To claim a tax credit allowed under this section, an 4,139
investor shall attach to the appropriate return a copy of the 4,140
certificate issued to the investor under this section. 4,141
(E) Nothing in this section shall limit or disallow 4,144
pass-through treatment of a pass-through entity's income, 4,145
deductions, or credits, or other amounts necessary to compute a 4,146
state tax liability. 4,147
(F) A tax credit certificate issued to an investor under 4,150
this section may not be transferred by that investor to any other 4,151
person.
(G)(1) The industrial technology and enterprise advisory 4,153
council shall develop the form of the tax credit certificate, and 4,155
shall use that form when issuing a tax credit certificate under 4,156
this section.
(2) The industrial technology and enterprise advisory 4,159
council shall report to the tax commissioner any information 4,160
requested by the commissioner concerning tax credit certificates 4,161
issued under this section. 4,162
Sec. 122.153. If the industrial technology and enterprise 4,171
advisory council subcommittee COMMITTEE receives information 4,172
alleging that an investor that was issued a tax credit 4,176
certificate presented false information to an Edison center or 4,177
the subcommittee COMMITTEE in connection with obtaining the 4,178
certificate, it shall send written notice to the investor that if 4,180
the allegation is found to be true the investor may be penalized 4,181
98
as provided in this section. After giving the investor an 4,182
opportunity to be heard on the allegation, the subcommittee 4,183
COMMITTEE shall determine if the investor presented false 4,184
information in connection with obtaining a tax credit 4,185
certificate.
If the subcommittee COMMITTEE determines the investor 4,187
submitted false information, it may revoke any remaining tax 4,188
credit available to the investor. The subcommittee COMMITTEE 4,189
shall send written notice of the revocation to the investor and 4,191
the tax commissioner. The tax commissioner may make an 4,193
assessment against the investor to recapture any amount of tax 4,194
credit that the investor already has claimed. The time
limitations on assessments under the laws of the particular tax 4,195
against which the investor claimed the credit do not apply to an 4,196
assessment under this section. 4,197
Sec. 122.154. (A) A business may apply to an Edison 4,207
center for a determination as to whether the business is an Ohio 4,208
entity eligible to receive investments OF MONEY under section 4,209
122.151 of the Revised Code that qualify the investor for a tax 4,212
credit under section 122.152 of the Revised Code. The business 4,214
shall include with the application a fee of one hundred fifty 4,215
dollars and a business plan. The Edison center shall prescribe 4,216
any other information the business must submit with the 4,217
application and the form of the application. The center, within 4,218
three weeks after receiving the application, shall review it, 4,219
determine whether the business is an Ohio entity eligible to 4,221
receive investments OF MONEY that qualify for the tax credit, and 4,222
send written notice to the INDUSTRIAL TECHNOLOGY AND ENTERPRISE 4,223
ADVISORY COUNCIL AND THE business of its INITIAL determination. 4,224
IF THE CENTER DETERMINES THAT THE BUSINESS IS NOT AN OHIO ENTITY 4,225
ELIGIBLE TO RECEIVE INVESTMENTS OF MONEY THAT QUALIFY FOR THE TAX 4,226
CREDIT, IT SHALL INCLUDE IN THE NOTICE THE REASONS FOR THE 4,227
DETERMINATION.
WITHIN FOUR WEEKS AFTER THE COUNCIL RECEIVES A NOTICE OF 4,229
99
RECOMMENDATION FROM AN EDISON CENTER, THE INDUSTRIAL TECHNOLOGY 4,230
AND ENTERPRISE ADVISORY COUNCIL COMMITTEE ESTABLISHED UNDER 4,231
SECTION 122.152 OF THE REVISED CODE SHALL REVIEW THE 4,232
RECOMMENDATION AND ISSUE A FINAL DETERMINATION OF WHETHER THE
BUSINESS IS AN OHIO ENTITY ELIGIBLE TO RECEIVE INVESTMENTS OF 4,233
MONEY UNDER SECTION 122.151 OF THE REVISED CODE THAT QUALIFY AN 4,234
INVESTOR FOR A TAX CREDIT UNDER SECTION 122.152 OF THE REVISED 4,235
CODE. THE COMMITTEE MAY REQUIRE THE BUSINESS TO SUBMIT
ADDITIONAL INFORMATION TO SUPPORT THE APPLICATION. THE VOTE OF 4,236
AT LEAST TWO MEMBERS OF THE COMMITTEE IS NECESSARY FOR THE 4,237
ISSUANCE OF A FINAL DETERMINATION. ON MAKING THE FINAL 4,238
DETERMINATION, THE COMMITTEE SHALL SEND WRITTEN NOTICE OF 4,239
APPROVAL OR DISAPPROVAL TO THE BUSINESS, THE DIRECTOR OF
DEVELOPMENT, AND THE EDISON CENTER. IF THE COMMITTEE DETERMINES 4,240
THAT THE BUSINESS IS NOT AN OHIO ENTITY ELIGIBLE TO RECEIVE 4,241
INVESTMENTS OF MONEY THAT QUALIFY FOR THE TAX CREDIT, IT SHALL 4,242
INCLUDE IN THE NOTICE THE REASONS FOR THE DETERMINATION. 4,243
(B) An Edison center shall maintain a list of the 4,246
businesses it determines THAT HAVE BEEN DETERMINED to be Ohio 4,247
entities eligible to receive investments OF MONEY that qualify 4,248
for the tax credit. The center shall furnish copies of the list 4,249
to the public upon request. 4,250
(C) The Edison center may prescribe a schedule under which 4,252
businesses periodically must submit information to enable the 4,253
center to maintain the accuracy of the list. At the times 4,254
required in the schedule, each business on the list shall submit 4,255
any information the center requires to determine if the business 4,257
continues to be an Ohio entity eligible to receive investments OF 4,258
MONEY that qualify for the tax credit.
(D) An Edison center shall use fees received under this 4,261
section only for the costs of administering sections 122.15 to 4,262
122.154 of the Revised Code.
(E) The Edison centers and the industrial technology and 4,265
enterprise advisory council do not assume any responsibility for 4,266
100
the accuracy or truthfulness of information furnished by an Ohio 4,267
entity or its agents.
An investor in an Ohio entity is solely responsible for due 4,270
diligence in verifying information submitted by an Ohio entity. 4,271
An Edison center is not liable for any action resulting from its 4,273
provision of such information to investors in accordance with 4,275
sections 122.15 to 122.154 of the Revised Code.
Sec. 122.19 122.16. (A) As used in this section: 4,286
(1) "Distressed area" means either a municipal corporation 4,288
that has a population of at least fifty thousand or a county, 4,289
that meets two of the following criteria: 4,290
(a) Its average rate of unemployment, during the most 4,293
recent five-year period for which data are available, is equal to 4,294
at least one hundred twenty-five per cent of the average rate of 4,295
unemployment for the United States for the same period. 4,297
(b) It has a per capita income equal to or below eighty 4,300
per cent of the median county per capita income of the United 4,301
States as determined by the most recently available figures from 4,303
the United States census bureau. 4,305
(c)(i) In the case of a municipal corporation, at least 4,308
twenty per cent of the residents have a total income for the most 4,309
recent census year that is below the official poverty line. 4,310
(ii) In the case of a county, in intercensal years, the 4,313
county has a ratio of transfer payment income to total county 4,314
income equal to or greater than twenty-five per cent. 4,315
(2) "Economically disadvantaged ELIGIBLE area" means a 4,317
distressed area, a labor surplus area, an inner city area, or a 4,319
situational distress area. 4,320
(3) "Eligible costs associated with a voluntary action" 4,322
means costs incurred during the qualifying period in performing a 4,323
remedy or remedial activities, as defined in section 3746.01 of 4,324
the Revised Code, and any costs incurred during the qualifying 4,326
period in performing both a phase I and phase II property 4,328
assessment, as defined in the rules adopted under section 3746.04 4,329
101
of the Revised Code, provided that the performance of the phase I 4,331
and phase II property assessment resulted in the implementation 4,333
of the remedy or remedial activities.
(4) "Inner city area" means, in a municipal corporation 4,335
that has a population of at least one hundred thousand and does 4,336
not meet the criteria of a labor surplus area or a distressed 4,337
area, targeted investment areas established by the municipal 4,338
corporation within its boundaries that are comprised of the most 4,339
recent census block tracts that individually have at least twenty 4,340
per cent of their population at or below the state poverty level 4,341
or other census block tracts contiguous to such census block 4,343
tracts.
(5) "Labor surplus area" means an area designated as a 4,345
labor surplus area by the United States department of labor. 4,347
(6) "Official poverty line" has the same meaning as in 4,349
division (A) of section 3923.51 of the Revised Code. 4,352
(7) "Partner" includes a member of a limited liability 4,354
company formed under Chapter 1705. of the Revised Code or under 4,357
the laws of any other state if the limited liability company is 4,358
not treated as a corporation for purposes of Chapter 5733. of the 4,359
Revised Code and is not classified as an association taxable as a 4,360
corporation for federal income tax purposes. 4,361
(8) "Partnership" includes a limited liability company 4,363
formed under Chapter 1705. of the Revised Code or under the laws 4,366
of any other state if the limited liability company is not 4,367
treated as a corporation for purposes of Chapter 5733. of the 4,368
Revised Code and is not classified as an association taxable as a 4,369
corporation for federal income tax purposes. 4,370
(9) "Qualifying period" means the period that begins July 4,373
1, 1996, and ends June 30, 1999.
(10) "S corporation" means a corporation that has made an 4,376
election under subchapter S of chapter one of subtitle A of the 4,377
Internal Revenue Code for its taxable year under the Internal 4,379
Revenue Code;
102
(11) "Situational distress area" means a county or a 4,381
municipal corporation that has experienced or is experiencing a 4,382
closing or downsizing of a major employer that will adversely 4,383
affect the economy of the county or municipal corporation. In 4,384
order for a county or municipal corporation to be designated as a 4,385
situational distress area, the governing body of the county or 4,387
municipal corporation shall submit a petition to the director of 4,388
development in the form prescribed by the director. A county or 4,389
municipal corporation may be designated as a situational distress 4,390
area for a period not exceeding thirty-six months. 4,391
The petition shall include written documentation that 4,394
demonstrates all of the following: 4,395
(a) The number of jobs lost by the closing or downsizing; 4,397
(b) The impact that the job loss has on the unemployment 4,400
rate of the county or municipal corporation as measured by the 4,401
bureau of employment services; 4,402
(c) The annual payroll associated with the job loss; 4,405
(d) The amount of state and local taxes associated with 4,408
the job loss;
(e) The impact that the closing or downsizing has on the 4,411
suppliers located in the county or municipal corporation. 4,412
(12) "Voluntary action" has the same meaning as in section 4,414
3746.01 of the Revised Code. 4,416
(13) "Taxpayer" means a corporation subject to the tax 4,418
imposed under Chapter 5733. BY SECTION 5733.06 of the Revised 4,419
Code or any person subject to the tax imposed under Chapter 5747. 4,422
BY SECTION 5747.02 of the Revised Code.
(14) "Governing body" means the board of county 4,424
commissioners of a county, the board of township trustees of a 4,425
township, or the legislative authority of a municipal 4,426
corporation.
(15) "Eligible site" means property for which a covenant 4,428
not to sue has been issued under section 3746.12 of the Revised 4,429
Code.
103
(B)(1) A taxpayer, partnership, or S corporation that has 4,432
been issued, under section 3746.12 of the Revised Code, a 4,434
covenant not to sue for a site by the director of environmental 4,435
protection during the qualifying period may apply to the director 4,436
of development, in the manner prescribed by the director, to 4,437
enter into an agreement under which the applicant agrees to 4,439
economically redevelop the site in a manner that will create 4,440
employment opportunities and a credit will be granted to the 4,441
applicant against the tax imposed under Chapter 5733. or 5747. BY 4,443
SECTION 5733.06 OR 5747.02 of the Revised Code. The application 4,444
shall state the eligible costs associated with a voluntary action 4,445
incurred by the applicant. The application shall be accompanied 4,447
by proof, in a form prescribed by the director of development, 4,448
that the covenant not to sue has been issued. 4,449
The applicant shall request the certified professional that 4,451
submitted the no further action letter for the eligible site 4,452
under section 3746.11 of the revised code REVISED CODE to submit 4,453
an affidavit to the director of development verifying the 4,456
eligible costs associated with the voluntary action at that site.
The director shall review the applications in the order 4,458
they are received. If the director determines that the applicant 4,459
meets the requirements of this section, the director may enter 4,460
into an agreement granting a credit against the tax imposed under 4,461
Chapter 5733. or 5747. BY SECTION 5733.06 OR 5747.02 of the 4,463
Revised Code. In making the determination, the director may 4,464
consider the extent to which political subdivisions and other 4,465
units of government will cooperate with the applicant to 4,466
redevelop the eligible site. The agreement shall state the 4,468
amount of the tax credit and the reporting requirements described 4,469
in division (F) of this section.
(2) The maximum annual amount of credits the director of 4,471
development may grant under such agreements shall be as follows: 4,473
1996 $5,000,000 4,475
1997 $10,000,000 4,476
104
1998 $10,000,000 4,477
1999 $5,000,000 4,478
For any year in which the director of development does not 4,481
grant tax credits under this section equal to the maximum annual 4,483
amount, the amount not granted for that year shall be added to 4,485
the maximum annual amount that may be granted for the following
year. However, the director shall not grant any tax credits 4,487
under this section after June 30, 1999. 4,488
(C)(1) If the covenant not to sue was issued in connection 4,490
with a site that is not located in an economically disadvantaged 4,491
ELIGIBLE area, the credit amount is equal to the lesser of five 4,494
hundred thousand dollars or ten per cent of the eligible costs 4,495
associated with a voluntary action incurred by the taxpayer, 4,496
partnership, or S corporation.
(2) If a covenant not to sue was issued in connection with 4,499
a site that is located in an economically disadvantaged ELIGIBLE 4,500
area, the credit amount is equal to the lesser of seven hundred 4,502
fifty thousand dollars or fifteen per cent of the eligible costs 4,503
associated with a voluntary action incurred by the taxpayer, 4,504
partnership, or S corporation.
(3) A taxpayer, partnership, or S corporation that has 4,506
been issued covenants not to sue under section 3746.12 of the 4,508
Revised Code for more than one site may apply to the director of 4,510
development to enter into more than one agreement granting a
credit against the tax imposed under Chapter 5733. or 5747. BY 4,513
SECTION 5733.06 OR 5747.02 of the Revised Code.
(4) For each year for which a taxpayer, partnership, or S 4,516
corporation has been granted a credit under an agreement entered 4,517
into under this section, the director of development shall issue 4,519
a certificate to the taxpayer, partnership, or S corporation 4,520
indicating the amount of the credit the taxpayer, the partners of 4,521
the partnership, or the shareholders of the S corporation may 4,523
claim for that year, not including any amount that may be carried 4,524
forward from previous years under section 5733.34 or 5747.32 of
105
the Revised Code. 4,526
(D)(1) Each agreement entered into under this section 4,529
shall incorporate a commitment by the taxpayer, partnership, or S 4,531
corporation not to permit the use of an eligible site to cause 4,532
the relocation of employment positions to that site from 4,533
elsewhere in this state, except as otherwise provided in division 4,534
(D)(2) of this section. The commitment shall be binding on the 4,536
taxpayer, partnership, or S corporation for the lesser of five 4,537
years from the date the agreement is entered into or the number 4,539
of years the taxpayer, partnership, or S corporation is entitled 4,540
to claim the tax credit under the agreement. 4,541
(2) An eligible site may be the site of employment 4,543
positions relocated from elsewhere in this state if the director 4,545
of development determines both of the following: 4,546
(a) That the site from which the employment positions 4,548
would be relocated is inadequate to meet market and industry 4,550
conditions, expansion plans, consolidation plans, or other 4,551
business considerations affecting the relocating employer; 4,552
(b) That the governing body of the county, township, or 4,554
municipal corporation from which the employment positions would 4,555
be relocated has been notified of the possible relocation. 4,557
For purposes of this section, the movement of an employment 4,560
position from one political subdivision to another political 4,561
subdivision shall be considered a relocation of an employment 4,562
position, but the transfer of an individual employee from one 4,563
political subdivision to another political subdivision shall not 4,564
be considered a relocation of an employment position as long as 4,565
the individual's employment position in the first political 4,566
subdivision is refilled.
(E) A taxpayer, partnership, or S corporation that has 4,569
entered into an agreement granting a credit against the tax 4,570
imposed under Chapter 5733. or 5747. BY SECTION 5733.06 OR 4,571
5747.02 of the Revised Code that subsequently recovers in a 4,572
lawsuit or settlement of a lawsuit at least seventy-five per cent 4,575
106
of the eligible costs associated with a voluntary action shall 4,576
not claim any credit amount remaining, including any amounts
carried forward from prior years, beginning with the taxable year 4,577
in which the judgment in the lawsuit is entered or the settlement 4,578
is finally agreed to.
Any amount of credit that a taxpayer, partnership, or S 4,581
corporation may not claim by reason of this division shall not be 4,582
considered to have been granted for the purpose of determining 4,583
the total amount of credits that may be issued under division
(B)(2) of this section. 4,584
(F) Each year for which a taxpayer, partnership, or S 4,587
corporation claims a credit under section 5733.34 or 5747.32 of 4,588
the Revised Code, the taxpayer, partnership, or S corporation 4,590
shall report the following to the director of development: 4,591
(1) The status of all cost recovery litigation described 4,593
in division (E) of this section to which it was a party during 4,595
the previous year;
(2) Confirmation that the covenant not to sue has not been 4,597
revoked or has not been voided; 4,598
(3) Confirmation that the taxpayer, partnership, or S 4,601
corporation has not permitted the eligible site to be used in 4,602
such a manner as to cause the relocation of employment positions 4,603
from elsewhere in this state in violation of the commitment 4,604
required under division (D) of this section; 4,605
(4) Any other information the director of development 4,607
requires to perform the director's duties under this section. 4,608
(G) The director of development shall annually certify, by 4,611
the first day of January of each year during the qualifying 4,613
period, the economically disadvantaged ELIGIBLE areas for the 4,614
calendar year that includes that first day of January. 4,616
(H) The director of development, in accordance with 4,619
Chapter 119. of the Revised Code, shall adopt rules necessary to 4,620
implement this section, including rules prescribing forms 4,621
required for administering this section. 4,622
107
Sec. 122.17. (A) As used in this section: 4,630
(1) "Full-time employee" means an individual who is 4,632
employed for consideration for at least thirty-five hours a week, 4,633
or who renders any other standard of service generally accepted 4,634
by custom or specified by contract as full-time employment. 4,635
(2) "New employee" means one of the following: 4,637
(a) A full-time employee first employed by a taxpayer in 4,639
the project that is the subject of the agreement after the 4,640
taxpayer enters into a tax credit agreement with the tax credit 4,641
authority under this section; 4,642
(b) A full-time employee first employed by a taxpayer in 4,644
the project that is the subject of the tax credit after the tax 4,645
credit authority approves a project for a tax credit under this 4,646
section in a public meeting, as long as the taxpayer enters into 4,647
the tax credit agreement prepared by the department of 4,648
development after such meeting within sixty days after receiving 4,649
the agreement from the department. If the taxpayer fails to 4,650
enter into the agreement within sixty days, "new employee" has 4,651
the same meaning as under division (A)(2)(a) of this section. 4,652
Under division (A)(2)(a) or (b) of this section, if the tax 4,654
credit authority determines it appropriate, "new employee" also 4,655
may include an employee re-hired or called back from lay-off to 4,656
work in a new facility or on a new product or service established 4,657
or produced by the taxpayer after entering into the agreement 4,658
under this section or after the tax credit authority approves the 4,659
tax credit in a public meeting. "New employee" does not include 4,660
any employee of the taxpayer who was previously employed in this 4,661
state by a related member of the taxpayer and whose employment 4,662
was shifted to the taxpayer after the taxpayer entered into the 4,663
tax credit agreement or after the tax credit authority approved 4,664
the credit in a public meeting, or any employee of the taxpayer 4,665
for which the taxpayer has been granted a certificate under 4,666
division (B) of section 5709.66 of the Revised Code. "New 4,668
employee" also does not include an employee of the taxpayer who 4,669
108
is employed in an employment position that was relocated to a 4,670
project from other operations of the taxpayer in this state or 4,671
from operations of a related member of the taxpayer in this 4,672
state. In addition, "new employee" does not include a child, 4,674
grandchild, parent, or spouse, other than a spouse who is legally 4,675
separated from the individual, of any individual who is an 4,676
employee of the taxpayer and who has a direct or indirect 4,677
ownership interest of at least five per cent in the profits, 4,678
capital, or value of the taxpayer. Such ownership interest shall 4,679
be determined in accordance with section 1563 of the Internal 4,680
Revenue Code and regulations prescribed thereunder. 4,681
(3) "New income tax revenue" means the total amount 4,683
withheld under section 5747.06 of the Revised Code by the 4,684
taxpayer during the taxable year from the compensation of new 4,685
employees for the tax levied under Chapter 5747. of the Revised 4,686
Code. 4,687
(4) "Related member" has the same meaning as under 4,689
division (A)(6) of section 5733.042 of the Revised Code without 4,690
regard to division (B) of that section. 4,691
(B) The tax credit authority may make grants under this 4,693
section to foster job creation in this state. Such a grant shall 4,694
take the form of a refundable credit allowed against the tax 4,695
imposed under Chapter 5733. BY SECTION 5733.06 or 5747. 5747.02 4,697
of the Revised Code. The credit shall be claimed for the taxable 4,698
years specified in the taxpayer's agreement with the tax credit 4,699
authority under division (D) of this section. The credit shall 4,700
be claimed after the allowance of all other credits provided by 4,701
Chapter 5733. or 5747. of the Revised Code. The amount of the 4,702
credit equals the new income tax revenue for the taxable year 4,703
multiplied by the percentage specified in the agreement with the 4,704
tax credit authority. 4,705
(C) A taxpayer or potential taxpayer who proposes a 4,707
project to create new jobs in this state may apply to the tax 4,708
credit authority to enter into an agreement for a tax credit 4,709
109
under this section. The director of development shall prescribe 4,710
the form of the application. After receipt of an application, 4,711
the authority may enter into an agreement with the taxpayer for a 4,712
credit under this section if it determines all of the following: 4,713
(1) The taxpayer's project will create new jobs in this 4,715
state; 4,716
(2) The taxpayer's project is economically sound and will 4,718
benefit the people of this state by increasing opportunities for 4,719
employment and strengthening the economy of this state; 4,720
(3) Receiving the tax credit is a major factor in the 4,722
taxpayer's decision to go forward with the project. 4,723
(D) An agreement under this section shall include all of 4,725
the following: 4,726
(1) A detailed description of the project that is the 4,728
subject of the agreement; 4,729
(2) The term of the tax credit, which shall not exceed ten 4,731
years, and the first taxable year for which the credit may be 4,732
claimed; 4,733
(3) A requirement that the taxpayer shall maintain 4,735
operations at the project location for at least twice the number 4,736
of years as the term of the tax credit; 4,737
(4) The percentage, as determined by the tax credit 4,739
authority, of new income tax revenue that will be allowed as the 4,740
amount of the credit for each taxable year; 4,741
(5) A specific method for determining how many new 4,743
employees are employed during a taxable year; 4,744
(6) A requirement that the taxpayer annually shall report 4,746
to the director of development the number of new employees, the 4,747
new income tax revenue withheld in connection with the new 4,748
employees, and any other information the director needs to 4,749
perform his duties under this section; 4,750
(7) A requirement that the director of development 4,752
annually shall verify the amounts reported under division (D)(6) 4,753
of this section, and after doing so shall issue a certificate to 4,754
110
the taxpayer stating that the amounts have been verified; 4,755
(8)(a) A provision requiring that the taxpayer, except as 4,758
otherwise provided in division (D)(8)(b) of this section, shall 4,760
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the 4,762
lesser of five years from the date the agreement is entered into 4,763
or the number of years the taxpayer is entitled to claim the tax 4,764
credit.
(b) The taxpayer may relocate employment positions from 4,766
elsewhere in this state to the project site that is the subject 4,768
of the agreement if the director of development determines both 4,769
of the following:
(i) That the site from which the employment positions 4,771
would be relocated is inadequate to meet market and industry 4,773
conditions, expansion plans, consolidation plans, or other 4,774
business considerations affecting the taxpayer; 4,775
(ii) That the legislative authority of the county, 4,777
township, or municipal corporation from which the employment 4,778
positions would be relocated has been notified of the relocation. 4,780
For purposes of this section, the movement of an employment 4,783
position from one political subdivision to another political 4,784
subdivision shall be considered a relocation of an employment 4,785
position, but the transfer of an individual employee from one 4,786
political subdivision to another political subdivision shall not 4,787
be considered a relocation of an employment position as long as 4,788
the individual's employment position in the first political 4,789
subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any 4,791
condition or requirement set forth in a tax credit agreement, the 4,792
tax credit authority may amend the agreement to reduce the 4,793
percentage or term of the tax credit. The reduction of the 4,794
percentage or term shall take effect in the taxable year 4,795
immediately following the taxable year in which the authority 4,796
amends the agreement. If the taxpayer relocates employment 4,798
111
positions in violation of the provision required under division 4,800
(D)(8)(a) of this section, the taxpayer shall not claim the tax 4,801
credit under section 5733.0610 of the Revised Code for any tax 4,802
years following the calendar year in which the relocation occurs, 4,803
or shall not claim the tax credit under section 5747.058 of the 4,805
Revised Code for the taxable year in which the relocation occurs 4,806
and any subsequent taxable years.
(F) Projects that consist solely of 4,808
point-of-final-purchase retail facilities are not eligible for a 4,809
tax credit under this section. If a project consists of both 4,810
point-of-final-purchase retail facilities and nonretail 4,811
facilities, only the portion of the project consisting of the 4,812
nonretail facilities is eligible for a tax credit and only the 4,813
new income tax revenue from new employees of the nonretail 4,814
facilities shall be considered when computing the amount of the 4,815
tax credit. If a warehouse facility is part of a 4,816
point-of-final-purchase retail facility and supplies only that 4,817
facility, the warehouse facility is not eligible for a tax 4,818
credit. Catalog distribution centers are not considered 4,819
point-of-final-purchase retail facilities for the purposes of 4,820
this division, and are eligible for tax credits under this 4,821
section. 4,822
(G) Financial statements and other information submitted 4,824
to the department of development or the tax credit authority by 4,825
an applicant or recipient of a tax credit under this section, and 4,826
any information taken for any purpose from such statements or 4,827
information, are not public records subject to section 149.43 of 4,828
the Revised Code. However, the chairperson of the authority may 4,830
make use of the statements and other information for purposes of 4,831
issuing public reports or in connection with court proceedings 4,832
concerning tax credit agreements under this section. Upon the 4,833
request of the tax commissioner, the chairperson of the authority 4,835
shall provide to the commissioner any statement or information 4,836
submitted by an applicant or recipient of a tax credit in 4,837
112
connection with the credit. The commissioner shall preserve the 4,838
confidentiality of the statement or information. 4,839
(H) A taxpayer claiming a credit under this section shall 4,841
submit to the tax commissioner a copy of the director of 4,842
development's certificate of verification under division (D)(7) 4,843
of this section for the taxable year. However, failure to submit 4,844
a copy of the certificate does not invalidate a claim for a 4,845
credit. 4,846
(I) The director of development, after consultation with 4,848
the tax commissioner and in accordance with Chapter 119. of the 4,849
Revised Code, shall adopt rules necessary to implement this 4,850
section. The rules may provide for recipients of tax credits 4,851
under this section to be charged fees to cover administrative 4,852
costs of the tax credit program. At the time the director gives 4,854
public notice under division (A) of section 119.03 of the Revised 4,855
Code of the adoption of the rules, the director shall submit 4,856
copies of the proposed rules to the chairpersons of the standing 4,857
committees on economic development in the senate and the house of 4,859
representatives. 4,860
(J) For the purposes of this section, a taxpayer may 4,862
include a partnership, a corporation that has made an election 4,863
under subchapter S of chapter one of subtitle A of the Internal 4,864
Revenue Code, or any other business entity through which income 4,865
flows as a distributive share to its owners. A credit received 4,866
under this section by a partnership, S-corporation, or other such 4,867
business entity shall be apportioned among the persons to whom 4,868
the income or profit of the partnership, S-corporation, or other 4,869
entity is distributed, in the same proportions as those in which 4,870
the income or profit is distributed. 4,871
(K) If the director of development determines that a 4,873
taxpayer who has received a credit under this section is not 4,874
complying with the requirement under division (D)(3) of this 4,875
section, the director shall notify the tax credit authority of 4,877
the noncompliance. After receiving such a notice, and after 4,878
113
giving the taxpayer an opportunity to explain the noncompliance, 4,879
the tax credit authority may require the taxpayer to refund to 4,880
this state a portion of the credit in accordance with the 4,881
following:
(1) If the taxpayer maintained operations at the project 4,883
location for at least one and one-half times the number of years 4,884
of the term of the tax credit, an amount not exceeding 4,885
twenty-five per cent of the sum of any previously allowed credits 4,886
under this section; 4,887
(2) If the taxpayer maintained operations at the project 4,889
location for at least the number of years of the term of the tax 4,890
credit, an amount not exceeding fifty per cent of the sum of any 4,891
previously allowed credits under this section; 4,892
(3) If the taxpayer maintained operations at the project 4,894
location for less than the number of years of the term of the tax 4,895
credit, an amount not exceeding one hundred per cent of the sum 4,896
of any previously allowed credits under this section. 4,897
In determining the portion of the tax credit to be refunded 4,899
to this state, the tax credit authority shall consider the effect 4,900
of market conditions on the taxpayer's project and whether the 4,901
taxpayer continues to maintain other operations in this state. 4,902
After making the determination, the authority shall certify the 4,903
amount to be refunded to the tax commissioner. The commissioner 4,904
shall make an assessment for that amount against the taxpayer 4,905
under Chapter 5733. or 5747. of the Revised Code. The time 4,906
limitations on assessments under Chapter 5733. or 5747. of the 4,907
Revised Code do not apply to an assessment under this division, 4,908
but the commissioner shall make the assessment within one year 4,909
after the date the authority certifies to the commissioner the 4,911
amount to be refunded. 4,912
(L) On or before the thirty-first day of March each year, 4,914
the director of development shall submit a report to the 4,915
governor, the president of the senate, and the speaker of the 4,916
house of representatives on the tax credit program under this 4,917
114
section. The report shall include information on the number of 4,918
agreements that were entered into under this section during the 4,919
preceding calendar year, a description of the project that is the 4,920
subject of each such agreement, and an update on the status of 4,921
projects under agreements entered into before the preceding 4,922
calendar year. 4,923
During the fifth year of the tax credit program, the 4,925
director of development in conjunction with the director of 4,926
budget and management shall conduct an evaluation of it. The 4,927
evaluation shall include assessments of the effectiveness of the 4,928
program in creating new jobs in this state and of the revenue 4,929
impact of the program, and may include a review of the practices 4,930
and experiences of other states with similar programs. The 4,931
director of development shall submit a report on the evaluation 4,932
to the governor, the president of the senate, and the speaker of 4,933
the house of representatives on or before January 1, 1998. 4,934
(M) There is hereby created the tax credit authority, 4,936
which consists of the director of development and four other 4,937
members appointed as follows: the governor, the president of the 4,938
senate, and the speaker of the house of representatives each 4,939
shall appoint one member who shall be a specialist in economic 4,940
development; the governor also shall appoint a member who is a 4,941
specialist in taxation. Of the initial appointees, the members 4,942
appointed by the governor shall serve a term of two years; the 4,943
members appointed by the president of the senate and the speaker 4,944
of the house of representatives shall serve a term of four years. 4,945
Thereafter, terms of office shall be for four years. Initial 4,946
appointments to the authority shall be made within thirty days 4,947
after January 13, 1993. Each member shall serve on the authority 4,950
until the end of the term for which the member was appointed. 4,951
Vacancies shall be filled in the same manner provided for 4,953
original appointments. Any member appointed to fill a vacancy 4,954
occurring prior to the expiration of the term for which the 4,955
member's predecessor was appointed shall hold office for the 4,956
115
remainder of that term. Members may be reappointed to the 4,957
authority. Members of the authority shall receive their 4,958
necessary and actual expenses while engaged in the business of 4,959
the authority. The director of development shall serve as 4,960
chairperson of the authority, and the members annually shall 4,962
elect a vice-chairperson from among themselves. Three members of 4,964
the authority constitute a quorum to transact and vote on the 4,965
business of the authority. The majority vote of the membership 4,966
of the authority is necessary to approve any such business, 4,967
including the election of the vice-chairperson. 4,968
The director of development may appoint a professional 4,970
employee of the department of development to serve as the 4,971
director's substitute at a meeting of the authority. The 4,973
director shall make the appointment in writing. In the absence 4,974
of the director from a meeting of the authority, the appointed 4,975
substitute shall serve as chairperson. In the absence of both 4,976
the director and the director's substitute from a meeting, the 4,978
vice-chairperson shall serve as chairperson. 4,980
Sec. 122.18. (A) As used in this section: 4,989
(1) "Facility" means all real property and interests in 4,991
real property owned by a landlord and leased to a tenant pursuant 4,992
to a project that is the subject of an agreement under this 4,993
section; 4,994
(2) "Full-time employee" has the same meaning as under 4,996
section 122.17 of the Revised Code; 4,997
(3) "Landlord" means a county or municipal corporation, or 4,999
a corporate entity that is an instrumentality of a county or 5,000
municipal corporation and that is not subject to the tax imposed 5,001
under Chapter 5733. BY SECTION 5733.06 or 5747. 5747.02 of the 5,003
Revised Code;
(4) "New employee" means a full-time employee first 5,005
employed by the tenant in the project that is the subject of the 5,006
agreement after a landlord enters into an agreement with the tax 5,007
credit authority under this section; 5,008
116
(5) "New income tax revenue" means the total amount 5,010
withheld under section 5747.06 of the Revised Code by the tenant 5,011
at a facility during a year from the compensation of new 5,012
employees for the tax levied under Chapter 5747. of the Revised 5,013
Code; 5,014
(6) "Tenant" means the United States or any department, 5,016
agency, or instrumentality thereof. 5,017
(B) The tax credit authority may enter into an agreement 5,019
with a landlord under which an annual payment equal to the new 5,020
income tax revenue or the amount called for under division (D)(3) 5,021
or (4) of this section shall be made to the landlord from moneys 5,022
of this state that were not raised by taxation, and shall be 5,023
credited by the landlord to the rental owing from the tenant to 5,024
the landlord for a facility. 5,025
(C) A landlord that proposes a project to create new jobs 5,027
in this state may apply to the tax credit authority to enter into 5,028
an agreement for annual payments under this section. The 5,029
director of development shall prescribe the form of the 5,030
application. After receipt of an application, the authority may 5,031
enter into an agreement with the landlord for annual payments 5,032
under this section if it determines all of the following: 5,033
(1) The project will create new jobs in this state; 5,035
(2) The project is economically sound and will benefit the 5,037
people of this state by increasing opportunities for employment 5,038
and strengthening the economy of this state; 5,039
(3) Receiving the annual payments will be a major factor 5,041
in the decision of the landlord and tenant to go forward with the 5,042
project. 5,043
(D) An agreement with a landlord for annual payments shall 5,045
include all of the following: 5,046
(1) A description of the project that is the subject of 5,048
the agreement; 5,049
(2) The term of the agreement, which shall be the greater 5,051
of twenty years or until the date on which the bonds or other 5,052
117
forms of financing referred to in division (D)(3) of this section 5,053
are no longer outstanding; 5,054
(3) Based on the estimated new income tax revenue to be 5,056
derived from the facility at the time the agreement is entered 5,057
into, provision for a guaranteed minimum payment to the landlord 5,058
commencing with the issuance by the landlord of any bonds or 5,059
other forms of financing for the construction of the facility and 5,060
continuing for so long as such bonds or other forms of financing 5,061
or any bonds or other forms of financing issued to refund such 5,062
bonds or other forms of financing are outstanding; 5,063
(4) Provision for offsets to this state of the annual 5,065
payment in years in which such annual payment is greater than the 5,066
guaranteed minimum payment of amounts previously paid by this 5,067
state to the landlord in excess of the new income tax revenue by 5,068
reason of the guaranteed minimum payment; 5,069
(5) A specific method for determining how many new 5,071
employees are employed during a year; 5,072
(6) A requirement that the landlord annually shall obtain 5,074
from the tenant and report to the director of development the 5,075
number of new employees, the new income tax revenue withheld in 5,076
connection with the new employees, and any other information the 5,077
director needs to perform his THE DIRECTOR'S duties under this 5,078
section; 5,079
(7) A requirement that the director of development 5,081
annually shall verify the amounts reported under division (D)(6) 5,082
of this section, and after doing so shall issue a certificate to 5,083
the landlord stating that the amounts have been verified. 5,084
(E) The director of development, in accordance with 5,086
Chapter 119. of the Revised Code, shall adopt rules necessary to 5,087
implement this section. 5,088
Sec. 122.29. (A) There is hereby created the industrial 5,097
technology and enterprise advisory council to assist in carrying 5,099
out programs created pursuant to sections 122.15 TO 122.154 AND 5,101
122.28 to 122.36 of the Revised Code. 5,102
118
(B) The council shall consist of seven members appointed 5,104
by the governor with the advice and consent of the senate and 5,106
selected for their knowledge of and experience in industrial 5,107
research and development, business, higher education, and federal 5,108
research and development programs with an emphasis on the 5,109
development of new technology, and use of existing resources in 5,110
the university and business communities for industrial research, 5,111
one member of the senate appointed by the president of the 5,112
senate, and one member of the house of representatives appointed 5,113
by the speaker of the house of representatives: 5,114
(1) No more than four members of the industrial technology 5,116
and enterprise advisory council appointed by the governor shall 5,118
be members of the same political party. 5,119
(2) The terms of office for the seven members appointed by 5,121
the governor shall be for seven years commencing on the first day 5,122
of January and ending on the thirty-first day of December. 5,123
(3) Each member shall hold office from the date of 5,125
appointment until the end of the term for which the member was 5,127
appointed.
(4) Any member of the council is eligible for 5,129
reappointment. 5,130
(5) As a term of a member of the council appointed by the 5,132
governor expires, a successor shall be appointed by the governor, 5,133
with the advice and consent of the senate. 5,134
(6) Any member appointed to fill a vacancy occurring prior 5,136
to the expiration of the term for which the member's predecessor 5,138
was appointed shall hold office for the remainder of the 5,139
predecessor's term. 5,140
(7) Any member shall continue in office subsequent to the 5,142
expiration date of the member's term until the member's successor 5,144
takes office, or until a period of sixty days has elapsed, 5,145
whichever occurs first. 5,146
(8) Before entering upon official duties, each member 5,148
shall take an oath as provided by Section 7 of Article XV, Ohio 5,149
119
Constitution.
(9) The governor may at any time, remove any member 5,151
appointed by the governor pursuant to section 3.04 of the Revised 5,153
Code.
(10) Members of the industrial technology and enterprise 5,155
advisory council shall serve without compensation, but shall be 5,157
reimbursed for their necessary and actual expenses while engaged 5,158
in the business of the council. 5,159
(11) Five members of the council constitute a quorum. 5,161
Sec. 122.73. (A) The minority development financing 5,170
advisory board and the director of development are invested with 5,171
the powers and duties provided in sections 122.71 to 122.89 of 5,173
the Revised Code, in order to promote the welfare of the people 5,174
of the state by encouraging the establishment and expansion of 5,175
minority business enterprises, to stabilize the economy, to 5,177
provide employment, to assist in the development within the state 5,178
of industrial, commercial, distribution, and research activities 5,179
required for the people of the state, and for their gainful 5,180
employment, or otherwise to create or preserve jobs and 5,181
employment opportunities, or improve the economic welfare of the 5,182
people of the state. It is hereby determined that the
accomplishment of those purposes is essential so that the people 5,183
of the state may maintain their present high standards of living 5,184
in comparison with the people of other states and so that 5,185
opportunities for employment and for favorable markets for the 5,186
products of the state's natural resources, agriculture, and 5,187
manufacturing shall be improved and that it is necessary for the 5,188
state to establish the programs authorized under sections 122.71 5,189
to 122.89 of the Revised Code to establish the minority 5,190
development financing advisory board, and to invest it and the 5,191
director of development with the powers and duties provided in 5,192
sections 122.71 to 122.89 of the Revised Code. 5,193
(B) The minority development financing advisory board 5,195
shall do all of the following: 5,196
120
(1) Make recommendations to the director as to 5,198
applications for assistance pursuant to sections 122.71 to 122.76 5,199
AND 122.78 TO 122.89 of the Revised Code. The board may revise 5,201
its recommendations to reflect any changes in the proposed
assistance made by the director. 5,202
(2) Advise the director in the administration of sections 5,204
122.71 to 122.89 of the Revised Code. 5,205
(3) Adopt bylaws to govern the conduct of the business of 5,207
the board.
Sec. 122.89. (A) The director of development may execute 5,216
bonds as surety for minority businesses as principals, on 5,218
contracts with the state, any political subdivision or 5,219
instrumentality thereof, or any person as the obligee. The 5,220
director as surety may exercise all the rights and powers of a 5,221
company authorized by the department of insurance to execute 5,222
bonds as surety but shall not be subject to any requirements of a 5,223
surety company under Title XXXIX of the Revised Code nor to any 5,224
rules of the department of insurance. 5,225
(B) The director, with the advice of the minority 5,227
development financing advisory board, shall adopt rules under 5,228
Chapter 119. of the Revised Code establishing procedures for 5,229
application for surety bonds by minority businesses and for 5,231
review and approval of applications. The board shall review each 5,232
application in accordance with the rules and, based on the bond 5,233
worthiness of each applicant, shall refer all qualified 5,234
applicants to the director. Based on the recommendation of the 5,235
board, the director shall determine whether or not the applicant 5,236
shall receive bonding.
(C) The rules of the board shall provide that the minority 5,239
business, IN ORDER TO MAKE AN APPLICATION FOR A BOND TO THE 5,240
DIRECTOR, SHALL submit documentation, as the director requires, 5,241
to demonstrate EITHER that a minority business shall have been 5,242
denied a bond by two surety companies in order to make 5,244
application for a bond to the director OR THAT THE MINORITY 5,245
121
BUSINESS HAS APPLIED TO TWO SURETY COMPANIES FOR A BOND AND, AT 5,246
THE EXPIRATION OF SIXTY DAYS AFTER MAKING THE APPLICATION, HAS 5,247
NEITHER RECEIVED NOR BEEN DENIED A BOND.
(D) The rules of the board shall require the minority 5,250
business to pay a premium in advance for the bond to be
established by the director, with the advice of the board after 5,252
the director receives advice from the superintendent of insurance 5,253
regarding the standard market rates for premiums for similar 5,254
bonds. All premiums paid by minority businesses shall be paid
into the minority business bonding program administrative and 5,255
loss reserve fund. 5,256
(E) The penal sum amounts of all outstanding bonds issued 5,258
by the director shall not exceed the amount of moneys in the 5,259
minority business bonding fund and available to the fund under 5,260
division (B) of section 169.05 of the Revised Code. 5,261
(F) The superintendent of insurance shall provide such 5,263
technical and professional assistance as is considered necessary 5,264
by the director, including providing advice regarding the 5,265
standard market rates for bond premiums as described under 5,267
division (D) of this section. 5,269
Sec. 124.136. (A)(1) Each permanent full-time and 5,278
permanent part-time employee paid in accordance with section 5,279
124.152 of the Revised Code and each employee listed in division 5,280
(B)(2) or (4) of section 124.14 of the Revised Code who works 5,281
thirty or more hours per week, and who meets the requirement of 5,282
division (A)(2) of this section is eligible, upon the birth or 5,283
adoption of a child, for a parental leave of absence and parental 5,284
leave benefits under this section. Parental leave of absence 5,285
shall begin on the day of the birth of a child or on the day on 5,286
which custody of a child is taken for adoption placement by the 5,287
prospective parents. 5,288
(2) To be eligible for leave and benefits under this 5,290
section, an employee must be the biological parent of a newly 5,291
born child or the legal guardian of and reside in the same 5,293
122
household as a newly adopted child. EMPLOYEES MAY ELECT TO
RECEIVE TWO THOUSAND DOLLARS FOR ADOPTION EXPENSES IN LIEU OF 5,294
RECEIVING THE PAID LEAVE BENEFIT PROVIDED UNDER THIS SECTION. 5,295
SUCH PAYMENT MAY BE REQUESTED UPON PLACEMENT OF THE CHILD IN THE 5,296
EMPLOYEE'S HOME. IF THE CHILD IS ALREADY RESIDING IN THE HOME, 5,297
PAYMENT MAY BE REQUESTED AT THE TIME THE ADOPTION IS APPROVED. 5,298
(3) The average number of regular hours worked, which 5,300
shall include all hours of holiday pay and other types of paid 5,301
leave, during the three-month period immediately preceding the 5,302
day parental leave of absence begins shall be used to determine 5,303
eligibility and benefits under this section for part-time 5,304
employees, but such benefits shall not exceed forty hours per 5,305
week. If an employee has not worked for a three-month period, 5,306
the number of hours for which the employee has been scheduled to 5,307
work per week during the employee's period of employment shall be 5,309
used to determine eligibility and benefits under this section. 5,310
(B) Parental leave granted under this section shall not 5,312
exceed six continuous weeks, which shall include four weeks or 5,313
one hundred sixty hours of paid leave for permanent full-time 5,314
employees and a prorated number of hours of paid leave for 5,315
permanent part-time employees. All employees granted parental 5,316
leave shall serve a waiting period of fourteen days that begins 5,317
on the day parental leave begins and during which they shall not 5,318
receive paid leave under this section. Employees may choose to 5,320
work during the waiting period. During the remaining four weeks 5,322
of the leave period, employees shall receive paid leave equal to 5,323
seventy per cent of their base rate of pay. All of the following 5,324
apply to employees granted parental leave:
(1) They remain eligible to receive all employer-paid 5,326
benefits and continue to accrue all other forms of paid leave as 5,327
if they were in active pay status. 5,328
(2) They are ineligible to receive overtime pay, and no 5,330
portion of their parental leave shall be included in calculating 5,331
their overtime pay. 5,332
123
(3) They are ineligible to receive holiday pay. A holiday 5,334
occurring during the leave period shall be counted as one day of 5,335
parental leave and be paid as such. 5,336
(C) Employees receiving parental leave may utilize 5,338
available sick leave, personal leave, vacation leave, or 5,339
compensatory time balances in order to be paid during the 5,340
fourteen-day waiting period and to supplement the seventy per 5,341
cent of their base rate of pay received during the remaining part 5,342
of their parental leave period, in an amount sufficient to give 5,343
them up to one hundred per cent of their pay for time on parental 5,344
leave. 5,345
Use of parental leave does not affect an employee's 5,347
eligibility for other forms of paid leave granted under this 5,348
chapter and does not prohibit an employee from taking leave under 5,349
the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29 5,350
U.S.C.A. 2601, except that parental leave shall be included in 5,351
any leave time provided under that act. 5,352
(D) Employees receiving disability leave benefits under 5,354
section 124.385 of the Revised Code prior to becoming eligible 5,355
for parental leave shall continue to receive disability leave 5,356
benefits for the duration of their disabling condition or as 5,357
otherwise provided under the disability leave benefits program. 5,358
If an employee is receiving disability leave benefits because of 5,359
pregnancy and these benefits expire prior to the expiration date 5,360
of any benefits the employee would have been entitled to receive 5,361
under this section, the employee shall receive parental leave for 5,362
such additional time without being required to serve an 5,363
additional waiting period. 5,364
Sec. 124.15. (A) Board and commission members appointed 5,376
prior to July 1, 1991, shall be paid a salary or wage in 5,377
accordance with the following schedules of rates: 5,378
Schedule B 5,380
Pay Ranges and Step Values 5,381
Range Step 1 Step 2 Step 3 Step 4 5,384
124
23 Hourly 5.72 5.91 6.10 6.31 5,386
Annually 11897.60 12292.80 12688.00 13124.80 5,388
Step 5 Step 6 5,389
Hourly 6.52 6.75 5,391
Annually 13561.60 14040.00 5,393
Step 1 Step 2 Step 3 Step 4 5,396
24 Hourly 6.00 6.20 6.41 6.63 5,398
Annually 12480.00 12896.00 13332.80 13790.40 5,400
Step 5 Step 6 5,401
Hourly 6.87 7.10 5,403
Annually 14289.60 14768.00 5,405
Step 1 Step 2 Step 3 Step 4 5,408
25 Hourly 6.31 6.52 6.75 6.99 5,410
Annually 13124.80 13561.60 14040.00 14539.20 5,412
Step 5 Step 6 5,413
Hourly 7.23 7.41 5,415
Annually 15038.40 15412.80 5,417
Step 1 Step 2 Step 3 Step 4 5,420
26 Hourly 6.63 6.87 7.10 7.32 5,422
Annually 13790.40 14289.60 14768.00 15225.60 5,424
Step 5 Step 6 5,425
Hourly 7.53 7.77 5,427
Annually 15662.40 16161.60 5,429
Step 1 Step 2 Step 3 Step 4 5,432
27 Hourly 6.99 7.23 7.41 7.64 5,434
Annually 14534.20 15038.40 15412.80 15891.20 5,436
Step 5 Step 6 Step 7 5,438
Hourly 7.88 8.15 8.46 5,440
Annually 16390.40 16952.00 17596.80 5,442
Step 1 Step 2 Step 3 Step 4 5,444
28 Hourly 7.41 7.64 7.88 8.15 5,446
Annually 15412.80 15891.20 16390.40 16952.00 5,448
Step 5 Step 6 Step 7 5,450
Hourly 8.46 8.79 9.15 5,452
125
Annually 17596.80 18283.20 19032.00 5,454
Step 1 Step 2 Step 3 Step 4 5,456
29 Hourly 7.88 8.15 8.46 8.79 5,458
Annually 16390.40 16952.00 17596.80 18283.20 5,460
Step 5 Step 6 Step 7 5,462
Hourly 9.15 9.58 10.01 5,464
Annually 19032.00 19926.40 20820.80 5,466
Step 1 Step 2 Step 3 Step 4 5,468
30 Hourly 8.46 8.79 9.15 9.58 5,470
Annually 17596.80 18283.20 19032.00 19926.40 5,472
Step 5 Step 6 Step 7 5,474
Hourly 10.01 10.46 10.99 5,476
Annually 20820.80 21756.80 22859.20 5,478
Step 1 Step 2 Step 3 Step 4 5,480
31 Hourly 9.15 9.58 10.01 10.46 5,482
Annually 19032.00 19962.40 20820.80 21756.80 5,484
Step 5 Step 6 Step 7 5,486
Hourly 10.99 11.52 12.09 5,488
Annually 22859.20 23961.60 25147.20 5,490
Step 1 Step 2 Step 3 Step 4 5,492
32 Hourly 10.01 10.46 10.99 11.52 5,494
Annually 20820.80 21756.80 22859.20 23961.60 5,496
Step 5 Step 6 Step 7 Step 8 5,498
Hourly 12.09 12.68 13.29 13.94 5,500
Annually 25147.20 26374.40 27643.20 28995.20 5,502
Step 1 Step 2 Step 3 Step 4 5,504
33 Hourly 10.99 11.52 12.09 12.68 5,506
Annually 22859.20 23961.60 25147.20 26374.40 5,508
Step 5 Step 6 Step 7 Step 8 5,510
Hourly 13.29 13.94 14.63 15.35 5,512
Annually 27643.20 28995.20 30430.40 31928.00 5,514
Step 1 Step 2 Step 3 Step 4 5,516
34 Hourly 12.09 12.68 13.29 13.94 5,518
Annually 25147.20 26374.40 27643.20 28995.20 5,520
126
Step 5 Step 6 Step 7 Step 8 5,522
Hourly 14.63 15.35 16.11 16.91 5,524
Annually 30430.40 31928.00 33508.80 35172.80 5,526
Step 1 Step 2 Step 3 Step 4 5,528
35 Hourly 13.29 13.94 14.63 15.35 5,530
Annually 27643.20 28995.20 30430.40 31928.00 5,532
Step 5 Step 6 Step 7 Step 8 5,534
Hourly 16.11 16.91 17.73 18.62 5,536
Annually 33508.80 35172.80 36878.40 38729.60 5,538
Step 1 Step 2 Step 3 Step 4 5,540
36 Hourly 14.63 15.35 16.11 16.91 5,542
Annually 30430.40 31928.00 33508.80 35172.80 5,544
Step 5 Step 6 Step 7 Step 8 5,546
Hourly 17.73 18.62 19.54 20.51 5,548
Annually 36878.40 38729.60 40643.20 42660.80 5,550
Schedule C 5,552
Pay Range and Values 5,553
Range Minimum Maximum 5,555
41 Hourly 10.44 15.72 5,556
Annually 21715.20 32697.60 5,557
42 Hourly 11.51 17.35 5,558
Annually 23940.80 36088.00 5,559
43 Hourly 12.68 19.12 5,560
Annually 26374.40 39769.60 5,561
44 Hourly 13.99 20.87 5,562
Annually 29099.20 43409.60 5,563
45 Hourly 15.44 22.80 5,564
Annually 32115.20 47424.00 5,565
46 Hourly 17.01 24.90 5,566
Annually 35380.80 51792.00 5,567
47 Hourly 18.75 27.18 5,568
Annually 39000.00 56534.40 5,569
48 Hourly 20.67 29.69 5,570
Annually 42993.60 61755.20 5,571
127
49 Hourly 22.80 32.06 5,572
Annually 47424.00 66684.80 5,573
(B) The pay schedule of all employees shall be on a 5,576
biweekly basis, with amounts computed on an hourly basis. 5,577
(C) Part-time employees shall be compensated on an hourly 5,579
basis for time worked, at the rates shown in division (A) of this 5,580
section or in section 124.152 of the Revised Code. 5,581
(D) The salary and wage rates in division (A) of this 5,583
section or in section 124.152 of the Revised Code represent base 5,584
rates of compensation and may be augmented by the provisions of 5,585
section 124.181 of the Revised Code. In those cases where 5,586
lodging, meals, laundry, or other personal services are furnished 5,587
an employee, the actual costs or fair market value thereof shall 5,588
be paid by the employee in such amounts and manner as determined 5,589
by the director of administrative services and approved by the 5,590
director of budget and management, and such services shall not be 5,591
considered as a part of the employee's compensation. An 5,592
appointing authority, with the approval of the director of 5,593
administrative services and the director of budget and 5,594
management, may establish payments to employees for uniforms, 5,595
tools, equipment, and other requirements of the department and 5,596
payments for the maintenance thereof. 5,597
The director of administrative services may review 5,599
collective bargaining agreements entered into under Chapter 4117. 5,600
of the Revised Code that cover state employees and determine 5,601
whether certain benefits or payments provided to state employees 5,602
covered by those agreements should also be provided to "exempt 5,603
employees" as defined in section 124.152 of the Revised Code. On 5,604
completing the review, the director of administrative services, 5,605
with the approval of the director of budget and management, may 5,606
provide to some or all exempt employees any payment or benefit, 5,607
except for salary, contained in such a collective bargaining 5,608
agreement even if a similar payment or benefit is already 5,609
provided by law to some or all of these exempt employees. Any 5,610
128
payment or benefit so provided shall not exceed the highest level 5,611
for that payment or benefit specified in such a collective 5,612
bargaining agreement. The director of administrative services 5,613
shall not provide, and the director of budget and management 5,614
shall not approve, any payment or benefit to an exempt employee 5,615
under this division unless the payment or benefit is provided 5,616
pursuant to a collective bargaining agreement to a state employee 5,617
who is in a position with similar duties as, supervised by, or 5,618
employed by the same appointing authority as, the exempt employee 5,619
to whom the benefit or payment is to be provided.
As used in this division, a payment or benefit provided by 5,621
law means bereavement, personal, vacation, administrative, and 5,622
sick leave, disability benefits, wages, holiday pay, and pay 5,623
supplements provided to exempt employees under the Revised Code. 5,624
(E) New employees paid under schedule B of division (A) of 5,627
this section or under schedule E-1 of section 124.152 of the 5,628
Revised Code shall be employed at the minimum rate established 5,629
for the range unless otherwise provided. Employees with 5,630
qualifications that are beyond the minimum normally required for 5,631
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted 5,632
to, a position at an advanced step of the range. Further, in 5,633
time of a serious labor market condition when it is relatively 5,634
impossible to recruit employees at the minimum rate for a 5,635
particular classification the entrance rate may be set at an 5,636
advanced step in the range by the director of administrative 5,637
services. This rate may be limited to geographical regions of 5,638
the state. Appointments made to an advanced step under the 5,639
provision regarding exceptional qualifications shall not affect 5,640
the step assignment of employees already serving. However, 5,641
anytime the hiring rate of an entire classification is advanced 5,642
to a higher step all incumbents of that classification being paid 5,643
at a step lower than that being used for hiring, shall be 5,644
advanced beginning at the start of the first pay period 5,645
129
thereafter to the new hiring rate and any time accrued at the 5,646
lower step will be used to calculate advancement to a succeeding 5,647
step. If the hiring rate of a classification is increased for 5,648
only a geographical region of the state, then only incumbents who 5,649
work in that geographical region shall be advanced to a higher 5,650
step. When an employee in the classified service is promoted to 5,651
a higher class, the employee's salary or wage shall be increased 5,652
to that of the lowest step in the pay range for the new class 5,653
that will increase the employee's salary or wage by at least four 5,654
per cent of the base pay. When an employee in the unclassified 5,655
service changes from one state position to another, or is 5,656
appointed to a position in the classified service, or if an 5,657
employee in the classified service is appointed to a position in 5,658
the unclassified service, the employee's salary or wage in the 5,659
new position shall be determined in the same manner as if the 5,660
employee were an employee in the classified service. When an 5,661
employee in the unclassified service who is not eligible for step
increases is appointed to a classification in the classified 5,662
service under which step increases are provided, future step 5,663
increases shall be based on the date on which the employee last 5,664
received a pay increase. Future step increases shall be 5,665
effective on the pay period that is twenty-six pay periods
following the employee's last increase. If the employee has not 5,666
received an increase during the previous year, the date of the 5,667
appointment to the classified service shall be used to determine 5,668
the employee's annual step advancement date. In assigning or 5,669
reassigning any employee to a classification RESULTING IN A PAY 5,670
RANGE INCREASE or to a new pay range as a result of a promotion, 5,671
an increase pay range adjustment, or other classification change 5,672
resulting in a pay range increase, the director shall assign such 5,673
employee to the step in the new pay range that will provide an 5,674
increase of approximately four per cent if the new pay range can 5,675
accommodate the increase. When assigning an employee IS BEING 5,676
ASSIGNED to a classification or new pay range as the result of a 5,677
130
class plan change, the director shall assign the employee to the 5,678
lowest step in the new pay range that does not result in a salary 5,679
decrease. If IF the employee has completed a probationary 5,680
period, the employee shall be placed in a step no lower than step 5,682
two of the new pay range. If the employee has not completed a 5,683
probationary period, the employee may be placed in step one of 5,684
the new pay range. All such pay range adjustments shall be
accomplished according to this method, notwithstanding the 5,685
provisions of Chapter 4117. of the Revised Code or instruments 5,686
negotiated under Chapter 4117. of the Revised Code and in effect 5,688
on the effective date of this amendment, except that this section
does not prohibit the exclusive representative and employer from 5,690
negotiating over this subject in collective bargaining agreements 5,691
that become effective after December 31, 1995. Such new salary 5,692
or wage shall become effective on such date as the director
determines. 5,693
(F) If employment conditions and the urgency of the work 5,695
require such action, the director of administrative services may, 5,696
upon the application of a department head, authorize payment at 5,697
any rate established within the range for the class of work, for 5,698
work of a casual or intermittent nature or on a project basis. 5,699
Payment at such rates shall not be made to the same individual 5,700
for more than three calendar months in any one calendar year. 5,701
Any such action shall be subject to the approval of the director 5,702
of budget and management as to the availability of funds. This 5,703
section and sections 124.14 and 124.152 of the Revised Code do 5,704
not repeal any authority of any department or public official to 5,705
contract with or fix the compensation of professional persons who 5,706
may be employed temporarily for work of a casual nature or for 5,707
work on a project basis. 5,708
(G) Each state employee paid under schedule B of this 5,711
section or under schedule E-1 of section 124.152 of the Revised 5,712
Code shall be advanced to succeeding steps in the range for the 5,713
employee's class according to the schedule established in this
131
division. Beginning on the first day of the pay period within 5,714
which the employee completes the prescribed probationary period 5,715
in the employee's classification with the state, each employee 5,716
shall receive an automatic salary adjustment equivalent to the 5,717
next higher step within the pay range for the employee's class or 5,718
grade. The base rate of each employee paid under schedule B of 5,719
this section or under schedule E-1 of section 124.152 of the 5,720
Revised Code shall advance at annual intervals thereafter, if the 5,721
employee has maintained satisfactory performance, to the next 5,722
higher step until the maximum step is reached. When an employee 5,723
is promoted or reassigned, or receives TO a change in HIGHER pay 5,724
range, other than as a result of a class plan change, the 5,725
employee's step indicator shall return to "0." OR BE ADJUSTED TO 5,726
ACCOUNT FOR A PROBATIONARY PERIOD, AS APPROPRIATE. Step 5,727
advancement shall not be affected by demotion. A promoted 5,728
employee shall advance to the next higher step of the pay range 5,729
on the first day of the pay period in which the required 5,730
probationary period is completed. Step advancement shall become 5,731
effective at the beginning of the pay period within which the 5,732
employee attains the necessary length of service. Time spent on 5,733
authorized leave of absence shall be counted for this purpose. 5,734
If determined to be in the best interest of the state 5,736
service, the director of administrative services may, either 5,737
statewide or in selected agencies, adjust the dates on which 5,738
annual step increases are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code. 5,739
(H) Employees in appointive managerial or professional 5,741
positions paid under salary schedule C of this section or under 5,742
salary schedule E-2 of section 124.152 of the Revised Code may be 5,743
appointed at any rate within the appropriate pay range. This 5,744
rate of pay may be adjusted higher or lower within the respective 5,745
pay range at any time the appointing authority so desires as long 5,746
as the adjustment is based on the employee's ability to 5,747
successfully administer those duties assigned to the employee. 5,748
132
Salary adjustments shall not be made more frequently than once in 5,749
any six-month period under this provision to incumbents holding 5,750
the same position and classification. 5,751
(I) When an employee is assigned to duty outside this 5,753
state, the employee may be compensated, upon request of the 5,754
department head and with the approval of the director of 5,755
administrative services at a rate not to exceed fifty per cent in 5,756
excess of the employee's current base rate for the period of time 5,757
spent on such duty.
(J) Unless compensation for members of a board or 5,759
commission is otherwise specifically provided by law, the 5,760
director of administrative services shall establish the rate and 5,761
method of payment for members of boards and commissions pursuant 5,762
to the pay schedules listed in section 124.152 of the Revised 5,763
Code. 5,764
(K) Regular full-time employees in positions assigned to 5,766
classes within the instruction and education administration 5,767
series under the rules of the director of administrative 5,768
services, except certificated employees on the instructional 5,769
staff of the state school for the blind or the state school for 5,770
the deaf, whose positions are scheduled to work on the basis of 5,771
an academic year rather than a full calendar year, shall be paid 5,772
according to the pay range assigned by such rules but only during 5,773
those pay periods included in the academic year of the school 5,774
where the employee is located. 5,775
(1) Part-time or substitute teachers or those whose period 5,777
of employment is other than the full academic year shall be 5,778
compensated for the actual time worked at the rate established by 5,779
this section. 5,780
(2) Employees governed by this division are exempt from 5,782
sections 124.13 and 124.19 of the Revised Code. 5,783
(3) Length of service for the purpose of determining 5,785
eligibility for step increases as provided by division (G) of 5,786
this section and for the purpose of determining eligibility for 5,787
133
longevity pay supplements as provided by division (F) of section 5,788
124.181 of the Revised Code shall be computed on the basis of one 5,789
full year of service for the completion of each academic year. 5,790
(L) The superintendent of the state school for the deaf 5,792
and the superintendent of the state school for the blind shall, 5,793
subject to the approval of the superintendent of public 5,794
instruction, carry out both of the following: 5,795
(1) Annually, between the first day of April and the last 5,797
day of June, establish for the ensuing fiscal year a schedule of 5,798
hourly rates for the compensation of each certificated employee 5,799
on the instructional staff of that superintendent's respective 5,800
school constructed as follows: 5,801
(a) Determine for each level of training, experience, and 5,803
other professional qualification for which an hourly rate is set 5,804
forth in the current schedule, the per cent that rate is of the 5,805
rate set forth in such schedule for a teacher with a bachelor's 5,806
degree and no experience. If there is more than one such rate 5,807
for such a teacher, the lowest rate shall be used to make the 5,808
computation. 5,809
(b) Determine which six city, local, and exempted village 5,811
school districts with territory in Franklin county have in effect 5,812
on, or have adopted by, the first day of April for the school 5,813
year that begins on the ensuing first day of July, teacher salary 5,814
schedules with the highest minimum salaries for a teacher with a 5,815
bachelor's degree and no experience; 5,816
(c) Divide the sum of such six highest minimum salaries by 5,818
ten thousand five hundred sixty; 5,819
(d) Multiply each per cent determined in division 5,821
(L)(1)(a) of this section by the quotient obtained in division 5,822
(L)(1)(c) of this section; 5,823
(e) One hundred five per cent of each product thus 5,825
obtained shall be the hourly rate for the corresponding level of 5,826
training, experience, or other professional qualification in the 5,827
schedule for the ensuing fiscal year. 5,828
134
(2) Annually, assign each certificated employee on the 5,830
instructional staff of his THE SUPERINTENDENT'S respective school 5,832
to an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional 5,833
qualifications.
If an employee is employed on the basis of an academic 5,835
year, the employee's annual salary shall be calculated by 5,836
multiplying the employee's assigned hourly rate times one 5,837
thousand seven hundred sixty. If an employee is not employed on 5,838
the basis of an academic year, the employee's annual salary shall 5,839
be calculated in accordance with the following formula: 5,840
(a) Multiply the number of days the employee is required 5,842
to work pursuant to the employee's contract by eight; 5,843
(b) Multiply the product of division (L)(2)(a) of this 5,845
section by the employee's assigned hourly rate. 5,846
Each employee shall be paid an annual salary in biweekly 5,848
installments. The amount of each installment shall be calculated 5,849
by dividing the employee's annual salary by the number of 5,850
biweekly installments to be paid during the year. 5,851
Sections 124.13 and 124.19 of the Revised Code do not apply 5,853
to an employee who is paid under this division. 5,854
As used in this division, "academic year" means the number 5,856
of days in each school year that the schools are required to be 5,857
open for instruction with pupils in attendance. Upon completing 5,858
an academic year, an employee paid under this division shall be 5,859
deemed to have completed one year of service. An employee paid 5,860
under this division is eligible to receive a pay supplement under 5,861
division (L)(1), (2), or (3) of section 124.181 of the Revised 5,862
Code for which the employee qualifies, but is not eligible to 5,863
receive a pay supplement under division (L)(4) or (5) of such 5,864
section. An employee paid under this division is eligible to 5,865
receive a pay supplement under division (L)(6) of section 124.181 5,866
of the Revised Code for which the employee qualifies, except that 5,867
the supplement is not limited to a maximum of five per cent of 5,868
135
the employee's regular base salary in a calendar year. 5,869
(M) Division (A) of this section does not apply to "exempt 5,871
employees" as defined in section 124.152 of the Revised Code who 5,872
are paid under that section. 5,873
Notwithstanding any other provisions of this chapter, when 5,875
an employee transfers between bargaining units or transfers out 5,876
of or into a bargaining unit, the director shall establish the 5,877
employee's compensation and adjust the maximum leave accrual 5,878
schedule as he THE DIRECTOR deems equitable. 5,879
Sec. 124.152. (A) Beginning on the first day of the pay 5,888
period that includes July 1, 1994 1997, each exempt employee 5,889
shall be paid a salary or wage in accordance with the following 5,890
schedule of rates: 5,891
Schedule E-1 5,893
Pay Ranges and Step Values 5,895
Range Step 1 Step 2 Step 3 Step 4 5,897
1 Hourly 7.82 8.16 8.50 8.85 5,900
Annually 16266 16973 17680 18408 5,901
Step 1 Step 2 Step 3 Step 4 5,902
2 Hourly 8.19 8.55 8.91 9.31 5,903
Annually 17035 17784 18533 19365 5,904
Step 1 Step 2 Step 3 Step 4 5,905
3 Hourly 8.59 8.96 9.37 9.79 5,906
Annually 17867 18637 19490 20363 5,907
Step 1 Step 2 Step 3 Step 4 5,908
4 Hourly 9.01 9.43 9.86 10.32 5,909
Annually 18741 19614 20509 21466 5,910
Step 1 Step 2 Step 3 Step 4 5,911
5 Hourly 9.47 9.88 10.32 10.75 5,912
Annually 19698 20550 21466 22360 5,913
Step 1 Step 2 Step 3 Step 4 5,914
6 Hourly 9.97 10.39 10.84 11.29 5,915
Annually 20738 21611 22547 23483 5,916
Step 1 Step 2 Step 3 Step 4 5,917
136
7 Hourly 10.59 11.00 11.42 11.83 5,918
Annually 22027 22880 23754 24606 5,919
Step 5 5,920
Hourly 12.29 5,921
Annually 25563 5,922
Step 1 Step 2 Step 3 Step 4 5,923
8 Hourly 11.20 11.68 12.20 12.73 5,924
Annually 23296 24294 25376 26478 5,925
Step 5 5,926
Hourly 13.28 5,927
Annually 27622 5,928
Step 1 Step 2 Step 3 Step 4 5,929
9 Hourly 11.94 12.56 13.18 13.84 5,930
Annually 24835 26125 27414 28787 5,931
Step 5 5,932
Hourly 14.54 5,933
Annually 30,243 5,934
Step 1 Step 2 Step 3 Step 4 5,935
10 Hourly 12.89 13.59 14.33 15.13 5,936
Annually 26811 28267 29806 31470 5,937
Step 5 5,938
Hourly 15.95 5,939
Annually 33176 5,940
Step 1 Step 2 Step 3 Step 4 5,941
11 Hourly 14.03 14.85 15.71 16.59 5,942
Annually 29182 30888 32677 34507 5,943
Step 5 5,944
Hourly 17.53 5,945
Annually 36462 5,946
Step 1 Step 2 Step 3 Step 4 5,947
12 Hourly 15.48 16.34 17.22 18.17 5,948
Annually 32198 33987 35818 37794 5,949
Step 5 Step 6 5,950
Hourly 19.18 20.24 5,951
137
Annually 39894 42099 5,952
Step 1 Step 2 Step 3 Step 4 5,953
13 Hourly 17.06 17.99 18.97 20.01 5,954
Annually 35485 37419 39458 41621 5,955
Step 5 Step 6 5,956
Hourly 21.12 22.27 5,957
Annually 43930 46322 5,958
Step 1 Step 2 Step 3 Step 4 5,959
14 Hourly 18.76 19.80 20.89 22.03 5,960
Annually 39021 41184 43451 45822 5,961
Step 5 Step 6 5,962
Hourly 23.27 24.56 5,963
Annually 48402 51085 5,964
Step 1 Step 2 Step 3 Step 4 5,965
15 Hourly 20.62 21.76 22.99 24.26 5,966
Annually 42890 45261 47819 50461 5,967
Step 5 Step 6 5,968
Hourly 25.60 27.02 5,969
Annually 53248 56202 5,970
Step 1 Step 2 Step 3 Step 4 5,971
16 Hourly 22.72 23.98 25.31 26.72 5,972
Annually 47258 49878 52645 55578 5,973
Step 5 Step 6 5,974
Hourly 28.19 29.78 5,975
Annually 58635 61942 5,976
Step 1 Step 2 Step 3 Step 4 5,977
17 Hourly 25.04 26.42 27.89 29.44 5,978
Annually 52083 54954 58011 61235 5,979
Step 5 Step 6 5,980
Hourly 31.08 32.82 5,981
Annually 64646 68266 5,982
Step 1 Step 2 Step 3 Step 4 5,983
18 Hourly 27.59 29.12 30.74 32.45 5,984
Annually 57387 60570 63939 67496 5,985
138
Step 5 Step 6 5,986
Hourly 34.24 36.15 5,987
Annually 71219 75192 5,988
Schedule E-2 5,990
Range Minimum Maximum 5,992
41 Hourly 15.15 22.80 5,993
Annually 31512 47424 5,994
42 Hourly 16.70 25.18 5,995
Annually 34736 52374 5,996
43 Hourly 18.39 27.74 5,997
Annually 38251 57699 5,998
44 Hourly 20.29 30.29 5,999
Annually 42203 63003 6,000
45 Hourly 22.41 33.09 6,001
Annually 46613 68827 6,002
46 Hourly 24.67 36.14 6,003
Annually 51314 75171 6,004
47 Hourly 27.20 39.44 6,005
Annually 56576 82035 6,006
48 Hourly 30.00 43.06 6,007
Annually 62400 89565 6,008
49 Hourly 33.09 46.49 6,009
Annually 68827 96699 6,010
STEP STEP STEP STEP STEP STEP 6,015
RANGE 1 2 3 4 5 6 6,018
1 HOURLY 8.62 9.00 9.38 9.76 6,020
ANNUALLY 17930 18720 19510 20301 6,022
2 HOURLY 9.04 9.43 9.84 10.27 6,024
ANNUALLY 18803 19614 20467 21362 6,026
3 HOURLY 9.48 9.89 10.33 10.80 6,028
ANNUALLY 19718 20571 21486 22464 6,030
4 HOURLY 9.94 10.40 10.88 11.38 6,032
ANNUALLY 20675 21632 22630 23670 6,034
5 HOURLY 10.45 10.91 11.38 11.87 6,036
139
ANNUALLY 21736 22693 23670 24690 6,038
6 HOURLY 11.00 11.46 11.96 12.45 6,040
ANNUALLY 22880 23837 24877 25896 6,042
7 HOURLY 11.68 12.13 12.61 13.05 13.55 6,045
ANNUALLY 24294 25230 26229 27144 28184 6,048
8 HOURLY 12.36 12.89 13.46 14.05 14.65 6,051
ANNUALLY 25709 26811 27997 29224 30472 6,054
9 HOURLY 13.17 13.85 14.54 15.26 16.04 6,057
ANNUALLY 27394 28808 30243 31741 33363 6,060
10 HOURLY 14.22 14.99 15.81 16.70 17.60 6,063
ANNUALLY 29578 31179 32885 34736 36608 6,066
11 HOURLY 15.48 16.38 17.33 18.30 19.34 6,069
ANNUALLY 32198 34070 36046 38064 40227 6,072
12 HOURLY 17.08 18.03 19.00 20.05 21.17 22.33 6,076
ANNUALLY 35526 37502 39520 41704 44034 46446 6,080
13 HOURLY 18.82 19.85 20.93 22.07 23.30 24.57 6,084
ANNUALLY 39146 41288 43534 45906 48464 51106 6,088
14 HOURLY 20.70 21.85 23.05 24.31 25.68 27.10 6,092
ANNUALLY 43056 45448 47944 50565 53414 56368 6,096
15 HOURLY 22.74 24.01 25.37 26.77 28.24 29.81 6,100
ANNUALLY 47299 49941 52770 55682 58739 62005 6,104
16 HOURLY 25.07 26.46 27.92 29.48 31.11 32.86 6,108
ANNUALLY 52146 55037 58074 61318 64709 68349 6,112
17 HOURLY 27.62 29.15 30.78 32.49 34.29 36.20 6,116
ANNUALLY 57450 60632 64022 67579 71323 75296 6,120
18 HOURLY 30.44 32.13 33.92 35.80 37.78 39.89 6,124
ANNUALLY 63315 66830 70554 74464 78582 82971 6,128
SCHEDULE E-2 6,131
RANGE MINIMUM MAXIMUM 6,133
41 HOURLY 16.72 25.15 6,135
ANNUALLY 34778 52312 6,137
42 HOURLY 18.43 27.79 6,139
ANNUALLY 38334 57803 6,141
43 HOURLY 20.29 30.61 6,143
140
ANNUALLY 42203 63669 6,145
44 HOURLY 22.38 33.42 6,147
ANNUALLY 46550 69514 6,149
45 HOURLY 24.73 36.50 6,151
ANNUALLY 51438 75920 6,153
46 HOURLY 27.22 39.88 6,155
ANNUALLY 56618 82950 6,157
47 HOURLY 30.01 43.52 6,159
ANNUALLY 62421 90522 6,161
48 HOURLY 33.10 47.50 6,163
ANNUALLY 68848 98800 6,165
49 HOURLY 36.50 51.29 6,167
ANNUALLY 75920 106683 6,169
(B) Beginning on the first day of the pay period that 6,172
includes July 1, 1995 1998, each exempt employee, OTHER THAN AN 6,174
EXEMPT EMPLOYEE OF THE TREASURER OF STATE, shall be paid a salary 6,175
or wage in accordance with the following schedule of rates:
Schedule E-1 6,177
Pay Ranges and Step Values 6,178
Range Step 1 Step 2 Step 3 Step 4 6,179
1 Hourly 8.13 8.49 8.84 9.20 6,180
Annually 16910 17659 18387 19136 6,181
Step 1 Step 2 Step 3 Step 4 6,182
2 Hourly 8.52 8.89 9.27 9.68 6,183
Annually 17722 18491 19282 20134 6,184
Step 1 Step 2 Step 3 Step 4 6,185
3 Hourly 8.93 9.32 9.74 10.18 6,186
Annually 18574 19386 20259 21174 6,187
Step 1 Step 2 Step 3 Step 4 6,188
4 Hourly 9.37 9.81 10.25 10.73 6,189
Annually 19490 20405 21320 22318 6,190
Step 1 Step 2 Step 3 Step 4 6,191
5 Hourly 9.85 10.28 10.73 11.18 6,192
Annually 20488 21382 22318 23254 6,193
141
Step 1 Step 2 Step 3 Step 4 6,194
6 Hourly 10.37 10.81 11.27 11.74 6,195
Annually 21570 22485 23442 24419 6,196
Step 1 Step 2 Step 3 Step 4 6,197
7 Hourly 11.01 11.44 11.88 12.30 6,198
Annually 22901 23795 24710 25584 6,199
Step 5 6,200
Hourly 12.78 6,201
Annually 26582 6,202
Step 1 Step 2 Step 3 Step 4 6,203
8 Hourly 11.65 12.15 12.69 13.24 6,204
Annually 24232 25272 26395 27539 6,205
Step 5 6,206
Hourly 13.81 6,207
Annually 28725 6,208
Step 1 Step 2 Step 3 Step 4 6,209
9 Hourly 12.42 13.06 13.71 14.39 6,210
Annually 25834 27165 28517 29931 6,211
Step 5 6,212
Hourly 15.12 6,213
Annually 31450 6,214
Step 1 Step 2 Step 3 Step 4 6,215
10 Hourly 13.41 14.13 14.90 15.74 6,216
Annually 27893 29390 30992 32739 6,217
Step 5 6,218
Hourly 16.59 6,219
Annually 34507 6,220
Step 1 Step 2 Step 3 Step 4 6,221
11 Hourly 14.59 15.44 16.34 17.25 6,222
Annually 30347 32115 33987 35880 6,223
Step 5 6,224
Hourly 18.23 6,225
Annually 37918 6,226
Step 1 Step 2 Step 3 Step 4 6,227
142
12 Hourly 16.10 16.99 17.91 18.90 6,228
Annually 33488 35339 37253 39312 6,229
Step 5 Step 6 6,230
Hourly 19.95 21.05 6,231
Annually 41496 43784 6,232
Step 1 Step 2 Step 3 Step 4 6,233
13 Hourly 17.74 18.71 19.73 20.81 6,234
Annually 36899 38917 41038 43285 6,235
Step 5 Step 6 6,236
Hourly 21.96 23.16 6,237
Annually 45677 48173 6,238
Step 1 Step 2 Step 3 Step 4 6,239
14 Hourly 19.51 20.59 21.73 22.91 6,240
Annually 40581 42827 45198 47653 6,241
Step 5 Step 6 6,242
Hourly 24.20 25.54 6,243
Annually 50336 53123 6,244
Step 1 Step 2 Step 3 Step 4 6,245
15 Hourly 21.44 22.63 23.91 25.23 6,246
Annually 44595 47070 49733 52478 6,247
Step 5 Step 6 6,248
Hourly 26.62 28.10 6,249
Annually 55370 58448 6,250
Step 1 Step 2 Step 3 Step 4 6,251
16 Hourly 23.63 24.94 26.32 27.79 6,252
Annually 49150 51875 54746 57803 6,253
Step 5 Step 6 6,254
Hourly 29.32 30.97 6,255
Annually 60986 64418 6,256
Step 1 Step 2 Step 3 Step 4 6,257
17 Hourly 26.04 27.48 29.01 30.62 6,258
Annually 54163 57158 60341 63690 6,259
Step 5 Step 6 6,260
Hourly 32.32 34.13 6,261
143
Annually 67226 70990 6,262
Step 1 Step 2 Step 3 Step 4 6,263
18 Hourly 28.69 30.28 31.97 33.75 6,264
Annually 59675 62982 66498 70200 6,265
Step 5 Step 6 6,266
Hourly 35.61 37.60 6,267
Annually 74069 78208 6,268
Schedule E-2 6,270
Range Minimum Maximum 6,272
41 Hourly 15.76 23.71 6,273
Annually 32781 49317 6,274
42 Hourly 17.37 26.19 6,275
Annually 36130 54475 6,276
43 Hourly 19.13 28.85 6,277
Annually 39790 60008 6,278
44 Hourly 21.10 31.50 6,279
Annually 43888 65520 6,280
45 Hourly 23.31 34.41 6,281
Annually 48485 71573 6,282
46 Hourly 25.66 37.59 6,283
Annually 53373 78187 6,284
47 Hourly 28.29 41.02 6,285
Annually 58843 85322 6,286
48 Hourly 31.20 44.78 6,287
Annually 64896 93142 6,288
49 Hourly 34.41 48.35 6,289
Annually 71573 100568 6,290
STEP STEP STEP STEP STEP STEP 6,295
RANGE 1 2 3 4 5 6 6,298
1 HOURLY 8.88 9.27 9.66 10.05 6,300
ANNUALLY 18470 19282 20093 20904 6,302
2 HOURLY 9.31 9.71 10.14 10.58 6,304
ANNUALLY 19365 20197 21091 22006 6,306
3 HOURLY 9.76 10.19 10.64 11.12 6,308
144
ANNUALLY 20301 21195 22131 23130 6,310
4 HOURLY 10.24 10.71 11.21 11.72 6,312
ANNUALLY 21299 22277 23317 24378 6,314
5 HOURLY 10.76 11.24 11.72 12.23 6,316
ANNUALLY 22381 23379 24378 25438 6,318
6 HOURLY 11.33 11.80 12.32 12.82 6,320
ANNUALLY 23566 24544 25626 26666 6,322
7 HOURLY 12.03 12.49 12.99 13.44 13.96 6,325
ANNUALLY 25022 25979 27019 27955 29037 6,328
8 HOURLY 12.73 13.28 13.86 14.47 15.09 6,331
ANNUALLY 26478 27622 28829 30098 31387 6,334
9 HOURLY 13.57 14.27 14.98 15.72 16.52 6,337
ANNUALLY 28226 29682 31158 32698 34362 6,340
10 HOURLY 14.65 15.44 16.28 17.20 18.13 6,343
ANNUALLY 30472 32115 33862 35776 37710 6,346
11 HOURLY 15.94 16.87 17.85 18.85 19.92 6,349
ANNUALLY 33155 35090 37128 39208 41434 6,352
12 HOURLY 17.59 18.57 19.57 20.65 21.81 23.00 6,356
ANNUALLY 36587 38626 40706 42952 45365 47840 6,360
13 HOURLY 19.38 20.45 21.56 22.73 24.00 25.31 6,364
ANNUALLY 40310 42536 44845 47278 49920 52645 6,368
14 HOURLY 21.32 22.51 23.74 25.04 26.45 27.91 6,372
ANNUALLY 44346 46821 49379 52083 55016 58053 6,376
15 HOURLY 23.42 24.73 26.13 27.57 29.09 30.70 6,380
ANNUALLY 48714 51438 54350 57346 60507 63856 6,384
16 HOURLY 25.82 27.25 28.76 30.36 32.04 33.85 6,388
ANNUALLY 53706 56680 59821 63149 66643 70408 6,392
17 HOURLY 28.45 30.02 31.70 33.46 35.32 37.29 6,396
ANNUALLY 59176 62442 65936 69597 73466 77563 6,400
18 HOURLY 31.35 33.09 34.94 36.87 38.91 41.09 6,404
ANNUALLY 65208 68827 72675 76690 80933 85467 6,408
SCHEDULE E-2 6,411
RANGE MINIMUM MAXIMUM 6,413
41 HOURLY 17.22 25.90 6,415
145
ANNUALLY 35818 53872 6,417
42 HOURLY 18.98 28.62 6,419
ANNUALLY 39484 59537 6,421
43 HOURLY 20.90 31.53 6,423
ANNUALLY 43469 65579 6,425
44 HOURLY 23.05 34.42 6,427
ANNUALLY 47947 71599 6,429
45 HOURLY 25.47 37.60 6,431
ANNUALLY 52982 78198 6,433
46 HOURLY 28.04 41.08 6,435
ANNUALLY 58316 85439 6,437
47 HOURLY 30.91 44.83 6,439
ANNUALLY 64293 93237 6,441
48 HOURLY 34.09 48.93 6,443
ANNUALLY 70913 101764 6,445
49 HOURLY 37.60 52.83 6,447
ANNUALLY 78198 109884 6,449
(C) Beginning on the first day of the pay period that 6,452
includes July 1, 1996 1999, each exempt employee, OTHER THAN AN 6,454
EXEMPT EMPLOYEE OF THE TREASURER OF STATE, shall be paid a salary 6,455
or wage in accordance with the following schedule of rates: 6,456
Schedule E-1 6,458
Pay Ranges and Step Values 6,459
Range Step 1 Step 2 Step 3 Step 4 6,461
1 Hourly 8.37 8.74 9.11 9.48 6,462
Annually 17410 18179 18949 19718 6,463
Step 1 Step 2 Step 3 Step 4 6,464
2 Hourly 8.78 9.16 9.55 9.97 6,465
Annually 18262 19053 19864 20738 6,466
Step 1 Step 2 Step 3 Step 4 6,467
3 Hourly 9.20 9.60 10.03 10.49 6,468
Annually 19136 19968 20862 21819 6,469
Step 1 Step 2 Step 3 Step 4 6,470
4 Hourly 9.65 10.10 10.56 11.05 6,471
146
Annually 20072 21008 21965 22984 6,472
Step 1 Step 2 Step 3 Step 4 6,473
5 Hourly 10.15 10.59 11.05 11.52 6,474
Annually 21112 22027 22984 23962 6,475
Step 1 Step 2 Step 3 Step 4 6,476
6 Hourly 10.68 11.13 11.61 12.09 6,477
Annually 22214 23150 24149 25147 6,478
Step 1 Step 2 Step 3 Step 4 6,479
7 Hourly 11.34 11.78 12.24 12.67 6,480
Annually 23587 24502 25459 26354 6,481
Step 5 6,482
Hourly 13.16 6,483
Annually 27373 6,484
Step 1 Step 2 Step 3 Step 4 6,485
8 Hourly 12.00 12.51 13.07 13.64 6,486
Annually 24960 26021 27186 28371 6,487
Step 5 6,488
Hourly 14.22 6,489
Annually 29578 6,490
Step 1 Step 2 Step 3 Step 4 6,491
9 Hourly 12.79 13.45 14.12 14.82 6,492
Annually 26603 27976 29370 30826 6,493
Step 5 6,494
Hourly 15.57 6,495
Annually 32386 6,496
Step 1 Step 2 Step 3 Step 4 6,497
10 Hourly 13.81 14.55 15.35 16.21 6,498
Annually 28725 30264 31928 33717 6,499
Step 5 6,500
Hourly 17.09 6,501
Annually 35547 6,502
Step 1 Step 2 Step 3 Step 4 6,503
11 Hourly 15.03 15.90 16.83 17.77 6,504
Annually 31262 33072 35006 36962 6,505
147
Step 5 6,506
Hourly 18.78 6,507
Annually 39062 6,508
Step 1 Step 2 Step 3 Step 4 6,509
12 Hourly 16.58 17.50 18.45 19.47 6,510
Annually 34486 36400 38376 40498 6,511
Step 5 Step 6 6,512
Hourly 20.55 21.68 6,513
Annually 42744 45094 6,514
Step 1 Step 2 Step 3 Step 4 6,515
13 Hourly 18.27 19.27 20.32 21.43 6,516
Annually 38002 40082 42266 44574 6,517
Step 5 Step 6 6,518
Hourly 22.62 23.85 6,519
Annually 47050 49608 6,520
Step 1 Step 2 Step 3 Step 4 6,521
14 Hourly 20.10 21.21 22.38 23.60 6,522
Annually 41808 44117 46550 49088 6,523
Step 5 Step 6 6,524
Hourly 24.93 26.31 6,525
Annually 51854 54725 6,526
Step 1 Step 2 Step 3 Step 4 6,527
15 Hourly 22.08 23.31 24.63 25.99 6,528
Annually 45926 48485 51230 54059 6,529
Step 5 Step 6 6,530
Hourly 27.42 28.94 6,531
Annually 57034 60195 6,532
Step 1 Step 2 Step 3 Step 4 6,533
16 Hourly 24.34 25.69 27.11 28.62 6,534
Annually 50627 53435 56389 59530 6,535
Step 5 Step 6 6,536
Hourly 30.20 31.90 6,537
Annually 62816 66352 6,538
Step 1 Step 2 Step 3 Step 4 6,539
148
17 Hourly 26.82 28.30 29.88 31.54 6,540
Annually 55786 58864 62150 65603 6,541
Step 5 Step 6 6,542
Hourly 33.29 35.15 6,543
Annually 69243 73112 6,544
Step 1 Step 2 Step 3 Step 4 6,545
18 Hourly 29.55 31.19 32.93 34.76 6,546
Annually 61464 64875 68494 72301 6,547
Step 5 Step 6 6,548
Hourly 36.68 38.73 6,549
Annually 76294 80558 6,550
Schedule E-2 6,553
Range Minimum Maximum 6,555
41 Hourly 16.23 24.42 6,556
Annually 33758 50794 6,557
42 Hourly 17.89 26.98 6,558
Annually 37211 56118 6,559
43 Hourly 19.70 29.72 6,560
Annually 40976 61818 6,561
44 Hourly 21.73 32.45 6,562
Annually 45198 67496 6,563
45 Hourly 24.01 35.44 6,564
Annually 49941 73715 6,565
46 Hourly 26.43 38.72 6,566
Annually 54974 80538 6,567
47 Hourly 29.14 42.25 6,568
Annually 60611 87880 6,569
48 Hourly 32.14 46.12 6,570
Annually 66851 95930 6,571
49 Hourly 35.44 49.80 6,572
Annually 73715 103584 6,573
STEP STEP STEP STEP STEP STEP 6,578
RANGE 1 2 3 4 5 6 6,581
1 HOURLY 9.15 9.55 9.95 10.35 6,583
149
ANNUALLY 19032 19864 20696 21528 6,585
2 HOURLY 9.59 10.00 10.44 10.90 6,587
ANNUALLY 19947 20800 21715 22672 6,589
3 HOURLY 10.05 10.50 10.96 11.45 6,591
ANNUALLY 20904 21840 22797 23816 6,593
4 HOURLY 10.55 11.03 11.55 12.07 6,595
ANNUALLY 21944 22942 24024 25106 6,597
5 HOURLY 11.08 11.58 12.07 12.60 6,599
ANNUALLY 23046 24086 25106 26208 6,601
6 HOURLY 11.67 12.15 12.69 13.20 6,603
ANNUALLY 24274 25272 26395 27456 6,605
7 HOURLY 12.39 12.86 13.38 13.84 14.38 6,608
ANNUALLY 25771 26749 27830 28787 29910 6,611
8 HOURLY 13.11 13.68 14.28 14.90 15.54 6,614
ANNUALLY 27269 28454 29702 30992 32323 6,617
9 HOURLY 13.98 14.70 15.43 16.19 17.02 6,620
ANNUALLY 29078 30576 32094 33675 35402 6,623
10 HOURLY 15.09 15.90 16.77 17.72 18.67 6,626
ANNUALLY 31387 33072 34882 36858 38834 6,629
11 HOURLY 16.42 17.38 18.39 19.42 20.52 6,632
ANNUALLY 34154 36150 38251 40394 42682 6,635
12 HOURLY 18.12 19.13 20.16 21.27 22.46 23.69 6,639
ANNUALLY 37690 39790 41933 44242 46717 49275 6,643
13 HOURLY 19.96 21.06 22.21 23.41 24.72 26.07 6,647
ANNUALLY 41517 43805 46197 48693 51418 54226 6,651
14 HOURLY 21.96 23.19 24.45 25.79 27.24 28.75 6,655
ANNUALLY 45677 48235 50856 53643 56659 59800 6,659
15 HOURLY 24.12 25.47 26.91 28.40 29.96 31.62 6,663
ANNUALLY 50170 52978 55973 59072 62317 65770 6,667
16 HOURLY 26.59 28.07 29.62 31.27 33.00 34.87 6,671
ANNUALLY 55307 58386 61610 65042 68640 72530 6,675
17 HOURLY 29.30 30.92 32.65 34.46 36.38 38.41 6,679
ANNUALLY 60944 64314 67912 71677 75670 79893 6,683
18 HOURLY 32.29 34.08 35.99 37.98 40.08 42.32 6,687
150
ANNUALLY 67163 70886 74859 78998 83366 88026 6,691
SCHEDULE E-2 6,694
RANGE MINIMUM MAXIMUM 6,696
41 HOURLY 17.74 26.68 6,698
ANNUALLY 36899 55494 6,700
42 HOURLY 19.55 29.48 6,702
ANNUALLY 40664 61318 6,704
43 HOURLY 21.53 32.47 6,706
ANNUALLY 44782 67538 6,708
44 HOURLY 23.74 35.46 6,710
ANNUALLY 49379 73757 6,712
45 HOURLY 26.24 38.72 6,714
ANNUALLY 54579 80538 6,716
46 HOURLY 28.88 42.31 6,718
ANNUALLY 60070 88005 6,720
47 HOURLY 31.84 46.17 6,722
ANNUALLY 66227 96034 6,724
48 HOURLY 35.12 50.39 6,726
ANNUALLY 73050 104811 6,728
49 HOURLY 38.72 54.41 6,730
ANNUALLY 80538 113173 6,732
(D) BEGINNING ON THE FIRST DAY OF THE PAY PERIOD THAT 6,735
INCLUDES JULY 1, 1998, EACH EXEMPT EMPLOYEE OF THE OFFICE OF THE 6,737
TREASURER OF STATE SHALL BE PAID A SALARY OR WAGE IN ACCORDANCE 6,738
WITH THE FOLLOWING SCHEDULE OF RATES:
SCHEDULE E-1 6,740
PAY RANGES AND STEP VALUES 6,742
STEP STEP STEP STEP STEP STEP 6,747
RANGE 1 2 3 4 5 6 6,750
1 HOURLY 8.84 9.23 9.61 10.00 6,752
ANNUALLY 18387 19198 19989 20800 6,754
2 HOURLY 9.27 9.67 10.09 10.53 6,756
ANNUALLY 19282 20114 20987 21902 6,758
3 HOURLY 9.72 10.14 10.59 11.07 6,760
151
ANNUALLY 20218 21091 22027 23026 6,762
4 HOURLY 10.19 10.66 11.15 11.66 6,764
ANNUALLY 21195 22173 23192 24253 6,766
5 HOURLY 10.71 11.18 11.66 12.17 6,768
ANNUALLY 22277 23254 24253 25314 6,770
6 HOURLY 11.28 11.75 12.26 12.76 6,772
ANNUALLY 23462 24440 25501 26541 6,774
7 HOURLY 11.97 12.43 12.93 13.38 13.89 6,777
ANNUALLY 24898 25854 26894 27830 28891 6,780
8 HOURLY 12.67 13.21 13.80 14.40 15.02 6,783
ANNUALLY 26354 27477 28704 29952 31242 6,786
9 HOURLY 13.50 14.20 14.90 15.64 16.44 6,789
ANNUALLY 28080 29536 30992 32531 34195 6,792
10 HOURLY 14.58 15.36 16.21 17.12 18.04 6,795
ANNUALLY 30326 31949 33717 35610 37523 6,798
11 HOURLY 15.87 16.79 17.76 18.76 19.82 6,801
ANNUALLY 33010 34923 36941 39021 41226 6,804
12 HOURLY 17.51 18.48 19.48 20.55 21.70 22.89 6,808
ANNUALLY 36421 38438 40518 42744 45136 47611 6,812
13 HOURLY 19.29 20.35 21.45 22.62 23.88 25.18 6,816
ANNUALLY 40123 42328 44616 47050 49670 52374 6,820
14 HOURLY 21.22 22.40 23.63 24.92 26.32 27.78 6,824
ANNUALLY 44138 46592 49150 51834 54746 57782 6,828
15 HOURLY 23.31 24.61 26.00 27.44 28.95 30.56 6,832
ANNUALLY 48485 51189 54080 57075 60216 63565 6,836
16 HOURLY 25.70 27.12 28.62 30.22 31.89 33.68 6,840
ANNUALLY 53456 56410 59530 62858 66331 70054 6,844
17 HOURLY 28.31 29.88 31.55 33.30 35.15 37.11 6,848
ANNUALLY 58885 62150 65624 69264 73112 77189 6,852
18 HOURLY 31.20 32.93 34.77 36.70 38.72 40.89 6,856
ANNUALLY 64896 68494 72322 76336 80538 85051 6,860
SCHEDULE E-2 6,863
RANGE MINIMUM MAXIMUM 6,865
41 HOURLY 17.14 25.78 6,867
152
ANNUALLY 35651 53622 6,869
42 HOURLY 18.89 28.48 6,871
ANNUALLY 39291 59238 6,873
43 HOURLY 20.80 31.38 6,875
ANNUALLY 43264 65270 6,877
44 HOURLY 22.94 34.26 6,879
ANNUALLY 47715 71261 6,881
45 HOURLY 25.35 37.41 6,883
ANNUALLY 52728 77813 6,885
46 HOURLY 27.90 40.88 6,887
ANNUALLY 58032 85030 6,889
47 HOURLY 30.76 44.61 6,891
ANNUALLY 63981 92789 6,893
48 HOURLY 33.93 48.69 6,895
ANNUALLY 70574 101275 6,897
49 HOURLY 37.41 52.57 6,899
ANNUALLY 77813 109346 6,901
(E) BEGINNING ON THE FIRST DAY OF THE PAY PERIOD THAT 6,904
INCLUDES JULY 1, 1999, EACH EXEMPT EMPLOYEE OF THE OFFICE OF THE 6,905
TREASURER OF STATE SHALL BE PAID A SALARY OR WAGE IN ACCORDANCE 6,906
WITH THE FOLLOWING SCHEDULE OF RATES: 6,907
SCHEDULE E-1 6,909
PAY RANGES AND STEP VALUES 6,911
STEP STEP STEP STEP STEP STEP 6,916
RANGE 1 2 3 4 5 6 6,919
1 HOURLY 9.11 9.51 9.90 10.30 6,921
ANNUALLY 18949 19781 20592 21424 6,923
2 HOURLY 9.55 9.96 10.39 10.85 6,925
ANNUALLY 19864 20717 21611 22568 6,927
3 HOURLY 10.01 10.44 10.91 11.40 6,929
ANNUALLY 20821 21715 22693 23712 6,931
4 HOURLY 10.50 10.98 11.48 12.01 6,933
ANNUALLY 21840 22838 23878 24981 6,935
5 HOURLY 11.03 11.52 12.01 12.54 6,937
153
ANNUALLY 22942 23962 24981 26083 6,939
6 HOURLY 11.62 12.10 12.63 13.14 6,941
ANNUALLY 24170 25168 26270 27331 6,943
7 HOURLY 12.33 12.80 13.32 13.78 14.31 6,946
ANNUALLY 25646 26624 27706 28662 29765 6,949
8 HOURLY 13.05 13.61 14.21 14.83 15.47 6,952
ANNUALLY 27144 28309 29557 30846 32178 6,955
9 HOURLY 13.91 14.63 15.35 16.11 16.93 6,958
ANNUALLY 28933 30430 31928 33509 35214 6,961
10 HOURLY 15.02 15.82 16.70 17.63 18.58 6,964
ANNUALLY 31242 32906 34736 36670 38646 6,967
11 HOURLY 16.35 17.29 18.29 19.32 20.41 6,970
ANNUALLY 34008 35963 38043 40186 42453 6,973
12 HOURLY 18.04 19.03 20.06 21.17 22.35 23.58 6,977
ANNUALLY 37523 39582 41725 44034 46488 49046 6,981
13 HOURLY 19.87 20.96 22.09 23.30 24.60 25.94 6,985
ANNUALLY 41330 43597 45947 48464 51168 53955 6,989
14 HOURLY 21.86 23.07 24.34 25.67 27.11 28.61 6,993
ANNUALLY 45469 47986 50627 53394 56389 59509 6,997
15 HOURLY 24.01 25.35 26.78 28.26 29.82 31.48 7,001
ANNUALLY 49941 52728 55702 58781 62026 65478 7,005
16 HOURLY 26.47 27.93 29.48 31.13 32.85 34.69 7,009
ANNUALLY 55058 58094 61318 64750 68328 72155 7,013
17 HOURLY 29.16 30.78 32.50 34.30 36.20 38.22 7,017
ANNUALLY 60653 64022 67600 71344 75296 79498 7,021
18 HOURLY 32.14 33.92 35.81 37.80 39.88 42.12 7,025
ANNUALLY 66851 70554 74485 78624 82950 87610 7,029
SCHEDULE E-2 7,032
RANGE MINIMUM MAXIMUM 7,034
41 HOURLY 17.65 26.55 7,036
ANNUALLY 36712 55224 7,038
42 HOURLY 19.46 29.33 7,040
ANNUALLY 40477 61006 7,042
43 HOURLY 21.42 32.32 7,044
154
ANNUALLY 44554 67226 7,046
44 HOURLY 23.63 35.29 7,048
ANNUALLY 49150 73403 7,050
45 HOURLY 26.11 38.53 7,052
ANNUALLY 54309 80142 7,054
46 HOURLY 28.74 42.11 7,056
ANNUALLY 59779 87589 7,058
47 HOURLY 31.68 45.95 7,060
ANNUALLY 65894 95576 7,062
48 HOURLY 34.95 50.15 7,064
ANNUALLY 72696 104312 7,066
49 HOURLY 38.53 54.15 7,068
ANNUALLY 80142 112632 7,070
(F) As used in this section, "exempt employee" means a 7,073
permanent full-time or permanent part-time employee paid directly 7,074
by warrant of the auditor of state whose position is included in 7,075
the job classification plan established under division (A) of 7,076
section 124.14 of the Revised Code but who is not considered a 7,077
public employee for the purposes of Chapter 4117. of the Revised 7,078
Code. As used in this section, "exempt employee" also includes a 7,079
permanent full-time or permanent part-time employee of the 7,080
secretary of state, auditor of state, treasurer of state, or 7,081
attorney general who has not been placed in an appropriate 7,082
bargaining unit by the state employment relations board. 7,083
Sec. 124.18. (A) Forty hours shall be the standard work 7,092
week for all employees whose salary or wage is paid in whole or 7,093
in part by the state or by any state-supported college or 7,094
university. When any employee whose salary or wage is paid in 7,095
whole or in part by the state or by any state-supported college 7,096
or university is required by an authorized administrative 7,097
authority to be in an active pay status more than forty hours in 7,098
any calendar week, the employee shall be compensated for such 7,099
time over forty hours, except as otherwise provided in this 7,101
section, at one and one-half times the employee's regular rate of 7,102
155
pay. THE USE OF SICK LEAVE SHALL NOT BE CONSIDERED TO BE ACTIVE 7,103
PAY STATUS FOR THE PURPOSES OF EARNING OVERTIME OR COMPENSATORY 7,104
TIME BY EMPLOYEES WHOSE WAGES ARE PAID DIRECTLY BY WARRANT OF THE 7,105
AUDITOR OF STATE. A flexible hours employee is not entitled to 7,106
compensation for overtime work unless the employee's authorized 7,107
administrative authority required the employee to be in active 7,109
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 7,111
in the same calendar week.
The authorized administrative authority shall be designated 7,113
by the appointing authority to the director of administrative 7,114
services. Such compensation for overtime work shall be paid no 7,115
later than at the conclusion of the next succeeding pay period. 7,116
If the employee elects to take compensatory time off in 7,118
lieu of overtime pay, for any overtime worked, such compensatory 7,119
time shall be granted by the employee's administrative superior, 7,121
on a time and one-half basis, at a time mutually convenient to 7,122
the employee and the administrative superior. An employee may 7,123
accrue compensatory time to a maximum of two hundred forty hours, 7,124
except that public safety employees and other employees who meet 7,125
the criteria established in the "Federal Fair Labor Standards Act 7,126
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 7,127
accrue a maximum of four hundred eighty hours of compensatory 7,128
time. An employee shall be paid at the employee's regular rate 7,130
of pay for any hours of compensatory time accrued in excess of 7,131
these maximum amounts if the employee has not used the 7,132
compensatory time within one hundred eighty days after it is 7,133
granted, if the employee transfers to another agency of the 7,134
state, or if a change in the employee's status exempts the 7,135
employee from the payment of overtime compensation. Upon the 7,137
termination of employment, any employee with accrued but unused 7,138
compensatory time shall be paid for that time at a rate that is 7,139
the greater of the employee's final regular rate of pay or the 7,140
employee's average regular rate of pay during the employee's last 7,141
156
three years of employment with the state. 7,142
No overtime, as described in this section, can be paid 7,144
unless it has been authorized by the authorized administrative 7,145
authority. Employees may be exempted from the payment of 7,146
compensation as required by this section only under the criteria 7,147
for exemption from the payment of overtime compensation 7,148
established in the "Federal Fair Labor Standards Act of 1938," 52 7,149
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 7,150
of the director of administrative services, the appointing 7,151
authority may establish a policy to grant compensatory time or to 7,152
pay compensation to state employees who are exempt from overtime 7,153
compensation. With the approval of the board of county 7,154
commissioners, a county human services department may establish a 7,155
policy to grant compensatory time or to pay compensation to 7,156
employees of the department who are exempt from overtime 7,157
compensation.
(B) An employee, whose salary or wage is paid in whole or 7,159
in part by the state, shall be paid for the holidays declared in 7,160
section 124.19 of the Revised Code and shall not be required to 7,161
work on such holidays, unless in the opinion of the employee's 7,162
responsible administrative authority failure to work on such 7,163
holidays would impair the public service. An employee shall not 7,164
be paid for a holiday unless the employee was in active pay 7,165
status on the scheduled work day immediately preceding the 7,167
holiday. In the event that any of the holidays declared in 7,168
section 124.19 of the Revised Code should fall on Saturday, the 7,169
Friday immediately preceding shall be observed as the holiday. 7,170
In the event that any of the holidays declared in section 124.19 7,171
of the Revised Code should fall on Sunday, the Monday immediately 7,172
succeeding shall be observed as the holiday. If an employee's 7,173
work schedule is other than Monday through Friday, the employee 7,174
shall be entitled to holiday pay for holidays observed on the 7,176
employee's day off regardless of the day of the week on which 7,178
they are observed. A full-time permanent employee is entitled to 7,179
157
eight hours of pay for each holiday regardless of the employee's 7,180
work shift and work schedule. A flexible hours employee is 7,181
entitled to holiday pay for the number of hours for which the 7,182
employee normally would have been scheduled to work. Part-time 7,183
permanent employees shall be paid holiday pay for that portion of 7,184
any holiday for which they would normally have been scheduled to 7,185
work. When an employee who is eligible for overtime pay under 7,186
this section is required by the employee's responsible 7,187
administrative authority to work on the day observed as a 7,189
holiday, the employee shall be entitled to pay for such time 7,191
worked at one and one-half times the employee's regular rate of 7,192
pay in addition to the employee's regular pay, or to be granted 7,194
compensatory time off at time and one-half thereafter, at the 7,195
employee's option. Payment at such rate shall be excluded in the 7,196
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 7,198
employees in an agency who are flexible hours employees. The 7,199
appointing authority may establish for each flexible hours 7,200
employee a specified minimum number of hours to be worked each 7,201
day that is consistent with the "Federal Fair Labor Standards Act 7,202
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 7,203
(D) This section shall be uniformly administered by the 7,205
director of administrative services for employees as defined in 7,206
section 124.01 of the Revised Code and by the personnel 7,207
departments of state-supported colleges and universities for 7,208
employees of state-supported colleges and universities. IF 7,209
EMPLOYEES ARE NOT PAID DIRECTLY BY WARRANT OF THE AUDITOR OF 7,210
STATE, THE APPOINTING AUTHORITY SHALL DETERMINE WHETHER THE USE 7,211
OF SICK LEAVE SHALL BE CONSIDERED TO BE ACTIVE PAY STATUS FOR 7,212
PURPOSES OF THOSE EMPLOYEES EARNING OVERTIME OR COMPENSATORY
TIME. 7,213
(E) Policies relating to the payment of overtime pay or 7,215
the granting of compensatory time off shall be adopted by the 7,216
executive secretary of the house of representatives for employees 7,217
158
of the house of representatives, by the clerk of the senate for 7,218
employees of the senate, and by the director of the legislative 7,219
service commission for all other legislative employees. 7,220
(F) As used in this section, "regular rate of pay" means 7,222
the base rate of pay an employee receives plus any pay 7,223
supplements received pursuant to section 124.181 of the Revised 7,224
Code.
Sec. 124.181. (A) Except as provided in division (M) of 7,233
this section, any employee paid under schedule B of section 7,235
124.15 or under schedule E-1 of section 124.152 of the Revised 7,236
Code is eligible for the pay supplements provided herein upon 7,237
application by the appointing authority substantiating the
employee's qualifications for the supplement and with the 7,238
approval of the director of administrative services except as 7,239
provided in division (E) of this section. 7,240
(B) In computing any of the pay supplements provided in 7,242
this section the classification salary base shall be the minimum 7,243
hourly rate of the pay range, provided in section 124.15 or 7,244
124.152 of the Revised Code, in which the employee is assigned at 7,245
the time of computation. 7,246
(C) The effective date of any pay supplement, unless 7,248
otherwise provided herein, shall be determined by the director. 7,249
(D) The director shall, by rule, establish standards 7,251
regarding the administration of this section. 7,252
(E) Except as otherwise provided in this division, 7,254
beginning on the first day of the pay period within which the 7,255
employee completes five years of total service with the state 7,256
government or any of its political subdivisions, each employee in 7,257
positions paid under salary schedule B of section 124.15 or under 7,260
salary schedule E-1 of section 124.152 of the Revised Code shall 7,261
receive an automatic salary adjustment equivalent to two and 7,262
one-half per cent of the classification salary base, to the 7,263
nearest whole cent. Each employee shall receive thereafter an 7,264
annual adjustment equivalent to one-half of one per cent of the 7,265
159
employee's classification salary base, to the nearest whole cent, 7,266
for each additional year of qualified employment until a maximum 7,267
of ten per cent of the employee's classification salary base is 7,268
reached. The granting of longevity adjustments shall not be 7,269
affected by promotion, demotion, or other changes in 7,270
classification held by the employee, nor by any change in pay 7,271
range for the employee's class. Longevity pay adjustments shall 7,273
become effective at the beginning of the pay period within which 7,274
the employee completes the necessary length of service, except 7,276
that when an employee requests credit for prior service, the 7,277
effective date of the prior service credit and of any longevity 7,278
adjustment shall be the first day of the pay period following 7,279
approval of the credit by the director of administrative 7,280
services. No employee, other than an employee who submits proof 7,281
of prior service within ninety days after the date of the 7,282
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 7,283
credit. Time spent on authorized leave of absence shall be 7,284
counted for this purpose. 7,285
An employee who has retired in accordance with the 7,287
provisions of any retirement system offered by the state and who 7,288
is employed by the state or any political subdivision of the 7,289
state on or after June 24, 1987, shall not have prior service 7,290
with the state or any political subdivision of the state counted 7,291
for the purpose of determining the amount of the salary 7,292
adjustment provided under this division. 7,293
(F) When an exceptional condition exists that creates a 7,295
temporary or a permanent hazard for one or more positions in a 7,296
class paid under schedule B of section 124.15 or under salary 7,298
schedule E-1 of section 124.152 of the Revised Code, a special 7,300
hazard salary adjustment may be granted for the time the employee 7,301
is subjected to the hazardous condition. All special hazard 7,302
conditions shall be identified for each position and incidence 7,303
from information submitted to the director on an appropriate form 7,304
160
provided by the director and categorized into standard conditions 7,305
of: some unusual hazard not common to the class; considerable 7,306
unusual hazard not common to the class; and exceptional hazard 7,307
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 7,309
employee's classification salary base may be applied in the case 7,310
of some unusual hazardous condition not common to the class for 7,311
those hours worked, or a fraction thereof, while the employee was 7,312
subject to the unusual hazard condition. 7,313
(2) A hazardous salary adjustment of seven and one-half 7,315
per cent of the employee's classification salary base may be 7,316
applied in the case of some considerable hazardous condition not 7,317
common to the class for those hours worked, or a fraction 7,318
thereof, while the employee was subject to the considerable 7,319
hazard condition. 7,320
(3) A hazardous salary adjustment of ten per cent of the 7,322
employee's classification salary base may be applied in the case 7,323
of some exceptional hazardous condition not common to the class 7,324
for those hours, or a fraction thereof, when the employee was 7,325
subject to the exceptional hazard condition. 7,326
(4) Each claim for temporary hazard pay shall be submitted 7,328
as a separate payment and shall be subject to an administrative 7,329
audit by the director as to the extent and duration of the 7,330
employee's exposure to the hazardous condition. 7,331
(G) When a full-time employee whose rate of pay for a 7,333
normal biweekly pay period is less than a rate equivalent to pay 7,335
range 29, step 2, salary schedule B, or pay range 9, salary 7,336
schedule E-1 of section 124.152 of the Revised Code is ordered by 7,337
the appointing authority to report back to work after termination 7,338
of the employee's regular work schedule and the employee reports, 7,340
the employee shall be paid for such time. The minimum the 7,341
employee shall receive for reporting is an amount equal to four 7,343
times the employee's hourly base salary. This division does not 7,344
apply to work that is a continuation of or immediately preceding 7,345
161
an employee's regular work schedule. An appointing authority may 7,346
apply to the director to pay the supplement provided by this 7,347
division to employees who are at a higher pay range than those 7,348
established by this division. 7,349
(H) When a certain position or positions paid under 7,351
schedule B of section 124.15 or under salary schedule E-1 of 7,353
section 124.152 of the Revised Code require the ability to speak 7,354
or write a language other than English a special pay supplement 7,355
may be granted to attract bilingual individuals, to encourage 7,356
present employees to become proficient in other languages or to 7,357
retain qualified bilingual employees. The bilingual pay 7,358
supplement provided herein may be granted in the amount of five 7,359
per cent of the employee's classification salary base for each 7,360
required foreign language and shall remain in effect as long as 7,361
the bilingual requirement exists. 7,362
(I) The director may establish a shift differential for 7,364
employees. Such differential shall be paid to employees in 7,365
positions working in other than the regular or first shift. In 7,366
those divisions or agencies where only one shift prevails, no 7,367
shift differential shall be paid regardless of the hours of the 7,368
day that are worked. The director and the appointing authority 7,369
shall designate which positions shall be covered by this section. 7,370
(J) Whenever an employee is assigned to work in a higher 7,372
level position for a continuous period of more than two weeks but 7,373
no more than two years because of a vacancy, the employee's pay 7,375
may be established at a rate that is at least five APPROXIMATELY
FOUR per cent above the employee's current base rate for the 7,376
period the employee occupies the position provided that this 7,377
temporary occupancy is approved by the director. Employees paid 7,379
under this provision shall continue to receive any of the pay 7,380
supplements due them under provisions of this section based on 7,381
the step one base rate for their normal classification. 7,382
(K) If a certain position, or positions, within a class 7,384
paid UNDER schedule B of section 124.15 or under salary schedule 7,386
162
E-1 of section 124.152 of the Revised Code are mandated by state 7,387
or federal law or regulation or other regulatory agency or other 7,388
certification authority to have special technical certification, 7,389
registration, or licensing to perform the functions which are 7,390
under the mandate a special professional achievement pay 7,391
supplement may be granted. This special professional achievement 7,392
pay supplement shall not be granted when all incumbents in all 7,393
positions in a class require license as provided in the 7,394
classification description published by the department of 7,395
administrative services; to licensees where no special or 7,396
extensive training is required; when certification is granted 7,397
upon completion of a stipulated term of in-service training; when 7,398
an appointing authority has required certification; or any other 7,399
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 7,401
the requirement must be provided by the agency for each position 7,402
involved and certification received from the director as to the 7,403
director's concurrence for each of the positions so affected. 7,404
(2) The professional achievement pay supplement provided 7,406
herein shall be granted in an amount up to ten per cent of the 7,407
employee's classification salary base and shall remain in effect 7,408
as long as the mandate exists. 7,409
(L) Those employees assigned to teaching supervisory, 7,411
principal, assistant principal, or superintendent positions who 7,412
have attained a higher educational level than a basic bachelor's 7,413
degree may receive an educational pay supplement to remain in 7,414
effect as long as the employee's assignment and classification 7,415
remain the same. 7,416
(1) An educational pay supplement of two and one-half per 7,418
cent of the employee's classification salary base may be applied 7,419
upon the achievement of a bachelor's degree plus twenty quarter 7,420
hours of postgraduate work. 7,421
(2) An educational pay supplement of an additional five 7,423
per cent of the employee's classification salary base may be 7,424
163
applied upon achievement of a master's degree. 7,425
(3) An educational pay supplement of an additional two and 7,427
one-half per cent of the employee's classification salary base 7,428
may be applied upon achievement of a master's degree plus thirty 7,429
quarter hours of postgraduate work. 7,430
(4) An educational pay supplement of five per cent of the 7,432
employee's classification salary base may be applied when the 7,433
employee is performing as a master teacher. 7,434
(5) An educational pay supplement of five per cent of the 7,436
employee's classification salary base may be applied when the 7,437
employee is performing as a special education teacher. 7,438
(6) Those employees in teaching supervisory, principal, 7,440
assistant principal, or superintendent positions who are 7,441
responsible for specific extracurricular activity programs shall 7,442
receive overtime pay for those hours worked in excess of their 7,443
normal schedule, at their straight time hourly rate up to a 7,444
maximum of five per cent of their regular base salary in any 7,445
calendar year. 7,446
(M) A state agency, board, or commission may establish a 7,448
supplementary compensation schedule for those licensed physicians 7,449
employed by the agency, board, or commission in positions 7,450
requiring a licensed physician. The supplementary compensation 7,451
schedule, together with the compensation otherwise authorized by 7,452
this chapter, shall provide for the total compensation for these 7,453
employees to range appropriately, but not necessarily uniformly, 7,454
for each classification title requiring a licensed physician, in 7,455
accordance with a schedule approved by the state controlling 7,456
board. The individual salary levels recommended for each such 7,457
physician employed shall be approved by the director. 7,458
Notwithstanding section 124.11 of the Revised Code, such 7,459
personnel are in the unclassified civil service. 7,460
(N) Notwithstanding sections 117.28, 117.30, 117.33, 7,462
117.36, 117.42, and 131.02 of the Revised Code, the state shall 7,463
not institute any civil action to recover and shall not seek 7,464
164
reimbursement for overpayments made in violation of division (E) 7,465
of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on 7,466
October 31, 1993. 7,467
(O) EMPLOYEES OF THE OFFICE OF THE TREASURER OF STATE WHO 7,469
ARE EXEMPT FROM COLLECTIVE BARGAINING COVERAGE MAY BE GRANTED A 7,470
MERIT PAY SUPPLEMENT OF UP TO ONE AND ONE-HALF PER CENT OF THEIR 7,471
STEP RATE. THE RATE AT WHICH THIS SUPPLEMENT IS GRANTED SHALL BE 7,472
BASED ON PERFORMANCE STANDARDS ESTABLISHED BY THE TREASURER OF 7,473
STATE. ANY SUPPLEMENTS GRANTED UNDER THIS DIVISION SHALL BE 7,474
ADMINISTERED ON AN ANNUAL BASIS.
Sec. 124.34. The tenure of every officer or employee in 7,483
the classified service of the state and the counties, civil 7,484
service townships, cities, city health districts, general health 7,485
districts, and city school districts thereof, holding a position 7,486
under this chapter of the Revised Code, shall be during good 7,487
behavior and efficient service and no such officer or employee 7,488
shall be reduced in pay or position, FINED IN EXCESS OF FIVE 7,489
DAYS' PAY, suspended, or removed, except as provided in section 7,490
124.32 of the Revised Code, and for incompetency, inefficiency, 7,491
dishonesty, drunkenness, immoral conduct, insubordination, 7,492
discourteous treatment of the public, neglect of duty, violation 7,493
of such sections or the rules of the director of administrative 7,494
services or the commission, or any other failure of good 7,495
behavior, or any other acts of misfeasance, malfeasance, or 7,496
nonfeasance in office. A finding by the appropriate ethics 7,497
commission, based upon a preponderance of the evidence, that the 7,498
facts alleged in a complaint under section 102.06 of the Revised 7,499
Code constitute a violation of Chapter 102., section 2921.42, or 7,500
section 2921.43 of the Revised Code may constitute grounds for 7,501
dismissal. Failure to file a statement or falsely filing a 7,502
statement required by section 102.02 of the Revised Code may also 7,503
constitute grounds for dismissal.
In any case of A FINE, reduction, suspension of more than 7,505
165
three working days, or removal, the appointing authority shall 7,506
furnish such employee with a copy of the order of reduction, 7,507
suspension, or removal, which order shall state the reasons 7,508
therefor. Such order shall be filed with the director of 7,509
administrative services and state personnel board of review, or 7,510
the commission, as may be appropriate. 7,511
Within ten days following the filing of such order, the 7,513
employee may file an appeal, in writing, with the state personnel 7,514
board of review or the commission. In the event such an appeal 7,515
is filed, the board or commission shall forthwith notify the 7,516
appointing authority and shall hear, or appoint a trial board to 7,517
hear, such appeal within thirty days from and after its filing 7,518
with the board or commission, and it may affirm, disaffirm, or 7,519
modify the judgment of the appointing authority. 7,520
In cases of removal or reduction in pay for disciplinary 7,522
reasons, either the appointing authority or the officer or 7,523
employee may appeal from the decision of the state personnel 7,524
board of review or the commission to the court of common pleas of 7,525
the county in which the employee resides in accordance with the 7,526
procedure provided by section 119.12 of the Revised Code. 7,527
In the case of the suspension for any period of time, or A 7,530
FINE, demotion, or removal of a chief of police or a chief of a 7,531
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 7,532
furnish such chief or member of a department with a copy of the 7,533
order of suspension, demotion, or removal, which order shall 7,534
state the reasons therefor. Such order shall be filed with the 7,535
municipal or civil service township civil service commission. 7,536
Within ten days following the filing of such order such chief or 7,537
member of a department may file an appeal, in writing, with the 7,538
municipal or civil service township civil service commission. In 7,539
the event such an appeal is filed, the commission shall forthwith 7,540
notify the appointing authority and shall hear, or appoint a 7,541
trial board to hear, such appeal within thirty days from and 7,542
166
after its filing with the commission, and it may affirm, 7,543
disaffirm, or modify the judgment of the appointing authority. 7,544
An appeal on questions of law and fact may be had from the 7,545
decision of the municipal or civil service township civil service 7,546
commission to the court of common pleas in the county in which 7,547
such city or civil service township is situated. Such appeal 7,548
shall be taken within thirty days from the finding of the 7,549
commission. 7,550
A violation of division (A)(7) of section 2907.03 of the 7,552
Revised Code is grounds for termination of employment of a 7,553
nonteaching employee under this section. 7,554
Sec. 124.382. (A) As used in this section and sections 7,563
124.383, 124.386, 124.387, and 124.388 of the Revised Code: 7,564
(1) "Base pay period" means the pay period that includes 7,566
the first day of December. 7,567
(2) "Pay period" means the fourteen-day period of time 7,569
during which the payroll is accumulated, as determined by the 7,570
director of administrative services. 7,571
(3) "Active pay status" means the conditions under which 7,573
an employee is eligible to receive pay, and includes, but is not 7,574
limited to, vacation leave, sick leave, personal leave, 7,575
bereavement leave, and administrative leave. 7,576
(4) "No pay status" means the conditions under which an 7,578
employee is ineligible to receive pay, and includes, but is not 7,579
limited to, leave without pay, leave of absence, and disability 7,580
leave. 7,581
(5) "Disability leave" means the leave granted pursuant to 7,583
section 124.385 of the Revised Code. 7,584
(6) "Full-time permanent employee" means an employee whose 7,586
regular hours of duty total eighty hours in a pay period in a 7,587
state agency, and whose appointment is not for a limited period 7,588
of time. 7,589
(7) "Base rate of pay" means the rate of pay established 7,591
under schedule B or C of section 124.15 or under schedule E-1 or 7,592
167
E-2 of section 124.152 of the Revised Code, plus any supplement 7,594
provided under section 124.181 of the Revised Code, plus any 7,595
supplements enacted into law which are added to schedule B or C 7,596
of section 124.15 or to schedule E-1 or E-2 of section 124.152 of 7,598
the Revised Code.
(8) "Part-time permanent employee" means an employee whose 7,600
regular hours of duty total less than eighty hours in a pay 7,601
period in a state agency and whose appointment is not for a 7,602
limited period of time. 7,603
(B) Each full-time permanent and part-time permanent 7,605
employee whose salary or wage is paid directly by warrant of the 7,606
auditor of state shall be credited with sick leave of three and 7,607
one-tenth hours for each completed eighty hours of service, 7,608
excluding overtime hours worked. 7,609
(C) Any sick leave credit provided pursuant to division 7,611
(B) of this section, remaining as of the last day of the pay 7,612
period preceding the next succeeding base pay period, shall be 7,613
converted pursuant to section 124.383 of the Revised Code. 7,614
(D) Employees may use sick leave, provided a credit 7,616
balance is available, upon approval of the responsible 7,617
administrative officer of the employing unit, for absence due to 7,618
personal illness, pregnancy, injury, exposure to contagious 7,619
disease which could be communicated to other employees, and to 7,620
illness, injury, or death in the employee's immediate family. 7,621
When sick leave is used, it shall be deducted from the employee's 7,622
credit on the basis of absence from previously scheduled work in 7,623
such increments of an hour AND AT SUCH A COMPENSATION RATE as the 7,624
director of administrative services determines. Compensation for 7,625
such credit shall be at the employee's hourly base rate of pay. 7,626
The appointing authority of each employing unit may require an 7,627
employee to furnish a satisfactory, signed statement to justify 7,628
the use of sick leave.
If, after having utilized the credit provided by this 7,630
section, an employee utilizes sick leave that was accumulated 7,631
168
prior to November 15, 1981, compensation for such sick leave used 7,632
shall be equal to the employee's hourly base rate of pay. 7,633
(E)(1) The previously accumulated sick leave balance of an 7,635
employee who has been separated from the public service, for 7,636
which separation payments pursuant to the provisions of section 7,637
124.384 of the Revised Code have not been made, shall be placed 7,638
to the employee's credit upon the employee's reemployment in the 7,639
public service, if the reemployment takes place within ten years 7,641
of the date on which the employee was last terminated from public 7,642
service.
(2) The previously accumulated sick leave balance of an 7,644
employee who has separated from a school district shall be placed 7,645
to the employee's credit upon the employee's appointment as an 7,647
unclassified employee of the state department of education, if 7,648
all of the following apply:
(a) The employee accumulated the sick leave balance while 7,650
employed by the school district; 7,651
(b) The employee did not receive any separation payments 7,653
for the sick leave balance; 7,654
(c) The employee's employment with the department takes 7,656
place within ten years after the date on which the employee 7,657
separated from the school district. 7,658
(F) An employee who transfers from one public agency to 7,660
another shall be credited with the unused balance of the 7,661
employee's accumulated sick leave up to the maximum of the sick 7,662
leave accumulation permitted in the public agency to which the 7,663
employee transfers. 7,664
(G)(1) Use of sick leave on six or more occasions in a 7,666
twelve-month period, except for medical appointments for which 7,667
leave has been requested at least one week in advance, will 7,668
subject an employee to discipline, including the assessment of a 7,669
fine, in accordance with a schedule to be established by the 7,670
director of administrative services. 7,671
(2) For purposes of this section, "occasion" means an 7,673
169
individual use of sick leave, regardless of the number of hours 7,674
involved. 7,675
(3) The discipline may be waived if an employee can show 7,677
that division (G)(1) of this section was applied in error, or if 7,678
the employee provides satisfactory evidence of a bona fide, 7,679
unpredictable, and recurring medical condition requiring the use 7,680
of sick leave on more than six occasions in a twelve-month 7,681
period. 7,682
(4) No fine assessed under this section constitutes a 7,684
reduction in pay under section 124.34 of the Revised Code. 7,685
Notwithstanding section 1321.32 of the Revised Code, the state 7,686
may deduct from the wages or salaries of employees such amounts 7,687
as are assessed as fines under this section. 7,688
(5) The director shall adopt rules on sick leave abuse in 7,690
accordance with Chapter 119. of the Revised Code to provide for 7,691
the administration and uniform application of this section. 7,692
(H) The director of administrative services shall 7,694
establish procedures to uniformly administer this section. No 7,695
sick leave may be granted to a state employee upon or after the 7,696
employee's retirement or termination of employment. 7,697
Sec. 124.383. (A) The director of administrative services 7,706
shall allow a full-time or part-time employee who is credited 7,707
with sick leave pursuant to division (B) of section 124.382 of 7,708
the Revised Code to elect one of the following options with 7,709
respect to sick leave credit remaining at the end of the year: 7,710
(1) Carry forward the balance. 7,712
(2) Receive a cash benefit AS ESTABLISHED BY THE DIRECTOR 7,714
OF ADMINISTRATIVE SERVICES. The cash benefit shall equal one 7,715
hour of the employee's base rate of pay for every two hours of 7,716
unused credit that is converted. Such cash balance shall not be 7,718
subject to contributions to any of the retirement systems, either 7,719
by the employee or the employer.
(3) Carry forward a portion of the balance and receive a 7,721
cash benefit for the remainder. The cash benefit shall be 7,722
170
calculated in the manner specified in division (A)(2) of this 7,723
section. 7,724
(B) The director of administrative services shall 7,726
establish procedures to allow employees to indicate the option 7,727
that will be selected. Included within the procedures shall be 7,728
the final date by which notification is to be made to the 7,729
director concerning the option selected. Failure to comply with 7,730
the date will result in the automatic carry forward of unused 7,731
balances. 7,732
(C) Cash benefits shall be paid in the first pay the 7,735
employee receives in December.
(D) Balances carried forward are excluded from further 7,737
cash benefits provided under this section. 7,738
(E) An employee who separates during the year shall not be 7,740
eligible for cash benefits provided under this section. 7,741
Sec. 124.385. (A) An employee is eligible for disability 7,750
leave benefits under this section if the employee has completed 7,752
one year of continuous state service immediately prior to the
date OF the employee requests such benefits DISABILITY and if 7,753
either of the following applies: 7,754
(1) The employee is a full-time permanent employee and is 7,756
eligible for sick leave credit pursuant to division (B) of 7,757
section 124.382 of the Revised Code, or is a full-time permanent 7,758
employee and is listed in division (B)(2) of section 124.14 of 7,759
the Revised Code.
(2) The employee is a full-time permanent employee, is on 7,761
disability leave or leave of absence for medical reasons and 7,762
would be eligible for sick leave credit pursuant to division (B) 7,763
of section 124.382 of the Revised Code except that the employee 7,764
is in no pay status. 7,766
(B) The director of administrative services, by rule 7,768
adopted in accordance with Chapter 119. of the Revised Code, 7,769
shall establish a disability leave program. The rule shall 7,770
include, but shall not be limited to: 7,771
171
(1) Procedures to be followed for determining disability; 7,773
(2) Provisions for the allowance of disability leave due 7,775
to illness or injury; 7,776
(3) Provisions for the continuation of service credit for 7,778
employees granted disability leave, including service credit 7,779
towards retirement, as provided by the applicable statute; 7,780
(4) The establishment of a minimum level of benefit and of 7,782
a waiting period before benefits begin; 7,783
(5) Provisions setting a maximum length of benefit and 7,786
requiring that employees eligible to apply for disability 7,787
retirement shall do so prior to completing the first six months 7,788
of their period of disability. The director's rules shall 7,789
indicate those employees required to apply for disability 7,790
retirement. If an employee is approved to receive disability 7,791
retirement, the employee shall receive the retirement benefit and 7,792
a supplement payment that equals a percentage of the employee's 7,793
base rate of pay and that, when added to the retirement benefit, 7,794
equals no more than the percentage of pay received by employees 7,796
after the first six months of disability. Such supplemental 7,797
payment shall not be considered earnable salary, compensation, or 7,798
salary, and is not subject to contributions, under Chapter 145., 7,799
742., 3307., 3309., or 5505. of the Revised Code. 7,800
(6) Provisions that allow employees to utilize available 7,802
sick leave, personal leave, or vacation leave balances to 7,803
supplement the benefits payable under this section. Such 7,804
balances used to supplement the benefits, plus any amount 7,805
contributed by the state as provided in division (D) of this 7,806
section, shall be paid at the employee's base rate of pay in an 7,807
amount sufficient to give employees up to one hundred per cent of 7,808
pay for time on disability. 7,809
(7) Procedures for appealing denial of payment of a claim, 7,811
including: 7,812
(a) A maximum of thirty days to file an appeal by the 7,814
employee; 7,815
172
(b) A maximum of fifteen days for the parties to select a 7,817
third-party opinion pursuant to division (F) of this section, 7,818
unless an extension is agreed to by the parties; 7,819
(c) A maximum of thirty days for the third party to render 7,821
an opinion. 7,822
(8) Provisions for approving leave of absence for medical 7,824
reasons where an employee is in no pay status because the 7,825
employee has used all the employee's sick leave, personal leave, 7,827
vacation leave, and compensatory time; 7,828
(9) Provisions for precluding the payment of benefits if 7,830
the injury for which the benefits are sought is covered by a 7,831
workers' compensation plan; 7,832
(10) Provisions for precluding the payment of benefits in 7,834
order to ensure that benefits are provided in a consistent 7,835
manner. 7,836
(C) Except as provided in division (B)(6) of this section, 7,838
time off for an employee granted disability leave is not 7,839
chargeable to any other leave granted by other sections of the 7,840
Revised Code. 7,841
(D) While an employee is on an approved disability leave, 7,843
the employer and employee's share of health, life, and other 7,844
insurance benefits shall be paid by the state, and the retirement 7,845
contribution shall be paid as follows: 7,846
(1) The employer's share shall be paid by the state; 7,848
(2) For the first three months, the employee's share shall 7,850
be paid by the employee; 7,851
(3) After the first three months, the employee's share 7,853
shall be paid by the state. 7,854
(E) The approval for disability leave shall be made by the 7,856
director, upon recommendation by the appointing authority. 7,857
(F) If a request for disability leave is denied based on a 7,859
medical determination, the director shall obtain a medical 7,860
opinion from a third party. The decision of the third party is 7,861
binding. 7,862
173
(G) The rule adopted by the director under division (B) of 7,864
this section shall not deny disability leave benefits for an 7,865
illness or injury to an employee who is a veteran of the United 7,866
States armed forces because the employee contracted the illness 7,867
or received the injury in the course of or as a result of 7,868
military service and the illness or injury is or may be covered 7,869
by a compensation plan administered by the United States 7,870
department of veterans affairs. 7,871
Sec. 124.391. (A) As used in this section, "paid leave" 7,880
means sick leave, personal leave, OR vacation leave, or 7,881
compensatory time.
(B) The director of administrative services may establish 7,883
a program under which an employee paid directly by warrant of the 7,884
auditor of state may donate that employee's accrued but unused 7,885
paid leave to another employee paid directly by warrant of the 7,887
auditor of state who has no accrued but unused paid leave and who 7,888
has a critical need for it because of circumstances such as a 7,889
serious illness or the serious illness of a member of the
employee's immediate family. 7,890
If the director establishes a leave donation program under 7,892
this division, the director shall adopt rules in accordance with 7,893
Chapter 119. of the Revised Code to provide for the 7,894
administration of the program. These rules shall include, but 7,895
not be limited to, provisions that identify the circumstances
under which leave may be donated and that specify the amount, 7,896
types, and value of leave that may be donated. 7,897
(C) At the discretion of the appropriate legislative 7,899
authority, a county may implement a leave donation program, as 7,900
provided in this section, for all county agencies or for one or 7,901
more designated agencies within the county. 7,902
Sec. 125.04. (A) Except as provided in division (C) of 7,914
this section, the department of administrative services shall 7,915
determine what supplies and services are purchased by or for 7,916
state agencies. Whenever the department of administrative 7,917
174
services makes any change or addition to the lists of supplies 7,918
and services that it determines to purchase for state agencies, 7,919
it shall provide a list to the agencies of the changes or 7,920
additions and indicate when the department will be prepared to 7,921
furnish each item listed. Except for the requirements of 7,922
division (B) of section 125.11 of the Revised Code, sections 7,923
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 7,924
apply to or affect the educational institutions of the state. 7,925
The department shall not include the bureau of workers' 7,926
compensation in the lists of supplies, equipment, and services 7,927
purchased and furnished by the department. 7,928
Nothing in this division precludes the bureau from entering 7,930
into a contract with the department for the department to perform 7,931
services relative to supplies, equipment, and services contained 7,932
in this division for the bureau. 7,933
(B) As used in this division, "political subdivision" 7,935
means any county, township, municipal corporation, school 7,936
district, conservancy district, township park district, park 7,937
district created under Chapter 1545. of the Revised Code, 7,938
regional transit authority, regional airport authority, regional 7,939
water and sewer district, or port authority. "Political 7,940
subdivision" also includes any other political subdivision 7,941
described in the Revised Code that has been approved by the 7,942
department to participate in the department's contracts under
this division. 7,943
The department of administrative services may permit a 7,945
political subdivision to participate in contracts into which the 7,946
department has entered for the purchase of supplies and services. 7,947
Any political subdivision desiring to participate in such 7,949
purchase contracts shall file with the department a certified 7,950
copy of an ordinance or resolution of the legislative authority 7,951
or governing board of the political subdivision. The resolution 7,952
or ordinance shall request that the political subdivision be 7,953
authorized to participate in such contracts and shall agree that 7,954
175
the political subdivision will be bound by such terms and 7,955
conditions as the department prescribes and that it will directly 7,956
pay the vendor under each purchase contract. The department may 7,957
charge a political subdivision a reasonable fee to cover the 7,958
administrative costs the department incurs as a result of the 7,959
subdivision's participation in the purchase contract. Purchases 7,960
made by a political subdivision under this division are exempt 7,961
from any competitive selection procedures otherwise required by 7,962
law. No political subdivision shall make any purchase under this 7,963
division when bids have been received for such purchase by the 7,964
subdivision, unless such purchase can be made upon the same 7,965
terms, conditions, and specifications at a lower price under this 7,966
division. 7,967
The department shall include in its annual report an 7,969
estimate of the cost it incurs by permitting political 7,970
subdivisions to participate in contracts pursuant to this 7,971
division. The department may require political subdivisions 7,972
participating in contracts pursuant to this division to file a 7,973
report with the department, as often as it finds necessary, 7,974
stating how many such contracts the political subdivisions 7,975
participate in within a specified period of time, and any other 7,976
information the department requires. 7,977
(C) This section does not apply to supplies or services 7,979
required by the legislative or judicial branches, boards of 7,980
elections, the capitol square review and advisory board, the 7,981
adjutant general, to supplies or services purchased by a state 7,982
agency directly as provided in division (A) OR (E) of section 7,983
125.05 of the Revised Code, to purchases of supplies or services 7,985
for the emergency management agency as provided in section 7,986
125.023 of the Revised Code, or to purchases of supplies or 7,987
services for the department of rehabilitation and correction in 7,988
its operation of the program for the employment of prisoners 7,989
established under section 5145.16 of the Revised Code that shall 7,990
be made pursuant to rules adopted by the director of 7,991
176
administrative services and the director of rehabilitation and 7,992
correction in accordance with Chapter 119. of the Revised Code. 7,993
The rules may provide for the exemption of the program for the 7,994
employment of prisoners from the requirements of division (A) of 7,995
this section.
Sec. 125.05. No EXCEPT AS PROVIDED IN DIVISION (E) OF THIS 8,004
SECTION, NO state agency shall purchase any supplies or services 8,006
except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state 8,008
agency may, without competitive selection, make any purchase of 8,009
services that cost fifty thousand dollars or less or any purchase 8,010
of supplies that cost twenty-five thousand dollars or less. The 8,011
agency may make the purchase directly or may make the purchase 8,012
from or through the department of administrative services,
whichever the agency determines. The department shall establish 8,015
written procedures to assist state agencies when they make direct 8,017
purchases. If the agency makes the purchase directly, it shall 8,018
make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state 8,020
agency wanting to purchase services that cost more than fifty 8,022
thousand dollars or supplies that cost more than twenty-five 8,023
thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department 8,024
shall make the purchase by competitive selection under section 8,025
125.07 of the Revised Code. If the director of administrative 8,026
services determines that it is not possible or not advantageous 8,027
to the state for the department to make the purchase, the 8,028
department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 8,029
127.16 of the Revised Code does not apply to purchases the 8,030
department makes under this section. 8,031
(C) An agency that has been granted a release and permit 8,033
to make a purchase may make the purchase without competitive 8,034
selection if after making the purchase the cumulative purchase 8,035
177
threshold as computed under division (F) of section 127.16 of the 8,036
Revised Code would:
(1) Be exceeded and the controlling board approves the 8,038
purchase;
(2) Not be exceeded and the department of administrative 8,040
services approves the purchase. 8,041
(D) Not later than January 31, 1997, the amounts specified 8,044
in divisions (A) and (B) of this section and, not later than the 8,045
thirty-first day of January of each second year thereafter, any 8,046
amounts computed by adjustments made under this division, shall 8,047
be increased or decreased by the average percentage increase or
decrease in the consumer price index prepared by the United 8,048
States bureau of labor statistics (U.S. City Average for Urban 8,050
Wage Earners and Clerical Workers: "All Items 1982-1984=100") 8,051
for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately 8,052
preceding twenty-four calendar month period, as reported by the 8,053
bureau. The director of administrative services shall make this 8,054
determination and adjust the appropriate amounts accordingly. 8,055
(E) IF THE OFFICE OF INFORMATION, LEARNING, AND TECHNOLOGY 8,057
SERVICES; THE DEPARTMENT OF EDUCATION; OR THE OHIO EDUCATION 8,058
COMPUTER NETWORK DETERMINES THAT IT CAN PURCHASE SOFTWARE 8,059
SERVICES OR SUPPLIES FOR SPECIFIED SCHOOL DISTRICTS AT A PRICE 8,060
LESS THAN THE PRICE FOR WHICH THE DISTRICTS COULD PURCHASE THE 8,061
SAME SOFTWARE SERVICES OR SUPPLIES FOR THEMSELVES, THE OFFICE, 8,062
DEPARTMENT, OR NETWORK SHALL CERTIFY THAT FACT TO THE DEPARTMENT 8,063
OF ADMINISTRATIVE SERVICES AND, ACTING AS AN AGENT FOR THE
SPECIFIED SCHOOL DISTRICTS, SHALL MAKE THAT PURCHASE WITHOUT 8,064
FOLLOWING THE PROVISIONS IN DIVISIONS (A) THROUGH (D) OF THIS 8,065
SECTION.
Sec. 125.13. (A) Whenever EXCEPT AS OTHERWISE PROVIDED IN 8,074
SECTION 5193.03 OF THE REVISED CODE, WHENEVER a state agency 8,075
determines that it has excess or surplus supplies, it shall 8,076
notify the director of administrative services. Upon request by 8,077
178
the director and on forms provided by him THE DIRECTOR, the state 8,078
agency shall furnish to the director a list of all such excess 8,079
and surplus supplies and an appraisal of their value. 8,080
(B) The director of administrative services shall take 8,082
immediate possession of a state agency's excess and surplus 8,083
supplies, except for those that have a value below the minimum 8,084
value the director establishes for excess and surplus supplies 8,085
under division (D) of this section. The director shall inventory 8,086
excess and surplus supplies in his THE DIRECTOR'S possession and 8,087
may have the supplies repaired. 8,088
(C) The director may dispose of declared surplus or excess 8,090
supplies in his THE DIRECTOR'S possession by sale, lease, or 8,091
transfer. If he THE DIRECTOR does so, he THE DIRECTOR shall 8,093
dispose of such supplies in the following order of priority: 8,094
(1) To state agencies; 8,096
(2) To state-supported or state-assisted institutions of 8,098
higher education; 8,099
(3) To tax-supported agencies, municipal corporations, or 8,101
other political subdivisions of this state; 8,102
(4) To the general public by auction, sealed bid, or 8,104
negotiation. 8,105
(D) The director may adopt rules governing the sale, 8,107
lease, or transfer of surplus and excess supplies in his THE 8,108
DIRECTOR'S possession by public auction, sealed bid, or 8,109
negotiation, except that no employee of the disposing agency 8,111
shall be allowed to purchase, lease, or receive any such 8,112
supplies. The director may dispose of declared surplus or excess 8,113
supplies in his THE DIRECTOR'S possession as he THE DIRECTOR 8,114
determines proper if such supplies cannot be sold, leased, or 8,115
transferred. The director shall by rule establish a minimum 8,116
value for excess and surplus supplies and prescribe procedures 8,117
for a state agency to follow in disposing of excess and surplus 8,118
supplies in its possession that have a value below the minimum 8,119
value established by the director. 8,120
179
(E) No state-supported or state-assisted institution of 8,122
higher education, tax-supported agency, municipal corporation, or 8,123
other political subdivision of this state shall sell, lease, or 8,124
transfer excess or surplus supplies acquired under this section 8,125
to private entities or the general public at a price greater than 8,126
the price it originally paid for such supplies. 8,127
Sec. 125.15. All state agencies required to secure any 8,137
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 8,138
make acquisition in the manner and upon forms prescribed by the 8,139
director of administrative services and shall reimburse the 8,140
department for the equipment, materials, supplies, services, or 8,141
contracts of insurance, including a reasonable sum to cover the 8,142
department's administrative costs, wherever reimbursement is 8,143
required by the department. The money so paid shall be deposited 8,144
in the state treasury to the credit of the office GENERAL 8,145
services fund, computer services fund, or telecommunication fund, 8,146
as appropriate. Such funds are hereby created. 8,147
Sec. 125.22. (A) The department of administrative 8,156
services shall establish the central service agency to perform 8,157
routine support for the following boards and commissions: 8,158
(1) State board of examiners of architects; 8,160
(2) Barber board; 8,162
(3) Chiropractic examining board; 8,164
(4) State board of cosmetology; 8,166
(5) Accountancy board; 8,168
(6) State dental board; 8,170
(7) State medical board; 8,172
(8) Board of nursing; 8,174
(9)(8) State board of optometry; 8,176
(10) State board of pharmacy; 8,178
(11)(9) Ohio occupational therapy, physical therapy, and 8,180
athletic trainers board; 8,181
(12)(10) State board of registration for professional 8,183
180
engineers and surveyors; 8,184
(13)(11) State board of sanitarian registration; 8,186
(14)(12) Board of embalmers and funeral directors; 8,188
(15)(13) State board of psychology; 8,190
(16)(14) Ohio optical dispensers board; 8,192
(17)(15) Board of speech pathology and audiology; 8,194
(18)(16) Counselor and social worker board; 8,196
(19)(17) State veterinary medical licensing board; 8,198
(20)(18) Ohio board of dietetics; 8,200
(21)(19) Commission on Hispanic-Latino affairs; 8,202
(22)(20) Ohio respiratory care board. 8,204
(B)(1) Notwithstanding any other section of the Revised 8,206
Code, the agency shall perform the following routine support 8,207
services for the boards and commissions named in division (A) of 8,208
this section unless the controlling board exempts a board or 8,209
commission from this requirement on the recommendation of the 8,210
director of administrative services: 8,211
(a) Preparing and processing payroll and other personnel 8,213
documents; 8,214
(b) Preparing and processing vouchers, purchase orders, 8,216
encumbrances, and other accounting documents; 8,217
(c) Maintaining ledgers of accounts and balances; 8,219
(d) Preparing and monitoring budgets and allotment plans 8,221
in consultation with the boards and commissions; 8,222
(e) Maintaining information required by section 3729.40 of 8,224
the Revised Code;
(f) Other routine support services that the director of 8,226
administrative services considers appropriate to achieve 8,227
efficiency. 8,228
(2) The agency may perform other services which a board or 8,230
commission named in division (A) of this section delegates to the 8,231
agency and the agency accepts. 8,232
(3) The agency may perform any service for any 8,234
professional or occupational licensing board not named in 8,235
181
division (A) of this section or any commission if the board or 8,236
commission requests such service and the agency accepts. 8,237
(C) The director of administrative services shall be the 8,239
appointing authority for the agency. 8,240
(D) The agency shall determine the fees to be charged to 8,242
the boards and commissions, which shall be in proportion to the 8,243
services performed for each board or commission. 8,244
(E) Each board or commission named in division (A) of this 8,246
section and any other board or commission requesting services 8,247
from the agency shall pay these fees to the agency from the 8,248
general revenue fund maintenance account of the board or 8,249
commission or from such other fund as the operating expenses of 8,250
the board or commission are paid. Any amounts set aside for a 8,251
fiscal year by a board or commission to allow for the payment of 8,252
fees shall be used only for the services performed by the agency 8,253
in that fiscal year. All receipts collected by the agency shall 8,254
be deposited in the state treasury to the credit of the central 8,255
service agency fund, which is hereby created. All expenses 8,256
incurred by the agency in performing services for the boards or 8,257
commissions shall be paid from the fund. 8,258
(F) Nothing in this section shall be construed as a grant 8,260
of authority for the central service agency to initiate or deny 8,261
personnel or fiscal actions for the boards and commissions. 8,262
Sec. 125.28. Each state agency that is supported in whole 8,271
or in part by nongeneral revenue fund money and that occupies 8,272
space in the James A. Rhodes or Frank J. Lausche state office 8,273
tower, Toledo government center, Senator Oliver R. Ocasek 8,274
government office building, Vern Riffe center for government and 8,275
the arts, state of Ohio data COMPUTER center, capitol square, or 8,276
governor's mansion shall reimburse the general revenue fund for 8,277
the cost of occupying such space in the ratio that the occupied 8,278
space in each facility attributable to such money bears to the 8,279
total space occupied by the state agency in the facility. 8,280
All agencies that occupy space in facilities owned or 8,282
182
maintained by the department of administrative services, except 8,283
the state of Ohio data center and governor's mansion, THE OLD 8,284
BLIND SCHOOL, THE OHIO DEPARTMENTS BUILDING, OR THE GENERAL 8,285
SERVICES FACILITY shall reimburse the department for the cost of 8,287
occupying such space. All THE DIRECTOR OF ADMINISTRATIVE 8,288
SERVICES SHALL DETERMINE THE AMOUNT OF DEBT SERVICE, IF ANY, TO 8,289
BE CHARGED TO BUILDING TENANTS AND SHALL COLLECT REIMBURSEMENTS 8,290
THEREFOR. 8,291
EACH AGENCY THAT IS SUPPORTED IN WHOLE OR IN PART BY 8,293
NONGENERAL REVENUE FUND MONEY AND THAT OCCUPIES SPACE IN ANY 8,294
OTHER FACILITY OR FACILITIES OWNED AND MAINTAINED BY THE 8,295
DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL REIMBURSE THE 8,296
DEPARTMENT FOR THE COST OF OCCUPYING SUCH SPACE, INCLUDING DEBT 8,297
SERVICE, IF ANY, IN THE RATIO THAT THE OCCUPIED SPACE IN EACH 8,298
FACILITY ATTRIBUTABLE TO SUCH MONEY BEARS TO THE TOTAL SPACE 8,299
OCCUPIED BY THE STATE AGENCY IN THE FACILITY. 8,300
THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY PROVIDE 8,302
BUILDING MAINTENANCE SERVICES TO ANY STATE AGENCY OCCUPYING SPACE 8,304
IN A FACILITY NOT OWNED BY THE DEPARTMENT OF ADMINISTRATIVE 8,305
SERVICES AND COLLECT REIMBURSEMENTS FOR THE COST OF PROVIDING 8,306
SUCH SERVICES.
ALL money collected by the department for OPERATING 8,309
EXPENSES OF facilities owned or maintained by the department 8,310
shall be deposited into the state treasury to the credit of the 8,311
building maintenance FACILITIES MANAGEMENT fund, which is hereby 8,313
created. All other reimbursements shall be deposited into the 8,314
general revenue fund. ALL MONEY COLLECTED FOR DEBT SERVICE SHALL
BE DEPOSITED INTO THE GENERAL REVENUE FUND. 8,315
The director of administrative services shall determine the 8,317
REIMBURSABLE cost of space in state-owned or state-leased 8,319
facilities on the basis of costs for comparable space in 8,320
privately owned facilities, and shall collect reimbursements 8,322
therefor.
Sec. 125.42. (A) No officer, board, or commission, except 8,331
183
the clerk of the senate and the executive secretary of the house 8,333
of representatives as to first and second class printing, shall 8,334
print or cause to be printed at the public expense, any report, 8,335
bulletin, document, or pamphlet, unless such report, bulletin, 8,336
document, or pamphlet is first submitted to, and the printing
thereof approved by, the department of administrative services. 8,337
If such department approves the printing, it shall determine the 8,338
form of such printing and the number of copies. 8,339
If such approval is given, the department shall cause the 8,341
same to be printed and bound as provided by sections 125.47 to 8,342
125.56 of the Revised Code, except as otherwise provided by 8,343
section 125.45 of the Revised Code; and when printed, such 8,344
publications or forms shall be delivered to the ordering officer,
board, commission, or department, or sold at a price not to 8,345
exceed the total cost.
(B) THE DEPARTMENT OF ADMINISTRATIVE SERVICES ANNUALLY 8,347
SHALL SET A MAXIMUM COST PER PAGE AND A MAXIMUM TOTAL COST FOR 8,348
THE PRINTING BY ANY BOARD, COMMISSION, COUNCIL, OR OTHER PUBLIC 8,349
BODY OF THE STATE OF ANY ANNUAL REPORT OR ANY OTHER REPORT THAT 8,350
IT IS REQUIRED BY LAW TO PRODUCE. NO BOARD, COMMISSION, COUNCIL, 8,351
OR OTHER PUBLIC BODY OF THE STATE SHALL EXPEND OR INCUR THE 8,352
EXPENDITURE OF ANY AMOUNT IN EXCESS OF THESE MAXIMUM AMOUNTS
WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT. THIS DIVISION DOES 8,353
NOT APPLY TO THE GENERAL ASSEMBLY OR ANY COURT. 8,354
Sec. 125.83. The department of administrative services 8,363
shall maintain in the city of Columbus a reasonable supply of 8,364
motor vehicles designed to carry passengers which shall be made 8,365
available for the use of any state agency needing transportation 8,366
facilities of an intermittent or temporary nature. The director 8,367
of administrative services shall fix the rates of charge for the 8,368
use of such motor vehicles at a level sufficient to operate, 8,369
maintain, and replace the fleet of vehicles. Such charges shall 8,370
be collected by the director and deposited in the state treasury 8,371
to the credit of the transportation services FLEET MANAGEMENT 8,372
184
fund, which is hereby created. The vehicles shall be used only 8,374
with the permission of the appointing authority and the director. 8,375
A record of such use shall be kept by the director. The director 8,376
shall calculate at least once each year a cost per mile of 8,377
operation for each motor vehicle in the fleet. 8,378
Sec. 125.831. The director of administrative services 8,388
shall establish and operate a fleet management program. The 8,389
director shall operate the fleet management program for purposes 8,391
including, but not limited to, cost-effective acquisition, 8,392
maintenance, management, and disposal of all vehicles owned or 8,393
leased by the state. This section does not apply to any 8,394
state-supported institution of higher education, the general 8,395
assembly or any legislative agency, or any court or judicial 8,396
agency.
Each administrative department head listed in section 8,398
121.03 of the Revised Code, the adjutant general, the chancellor 8,399
of the Ohio board of regents, the chairman CHAIRPERSON of the 8,400
industrial commission, the administrator of workers' 8,401
compensation, the director of the state lottery commission, the 8,402
superintendent of public instruction, and the chairman 8,403
CHAIRPERSON of the public utilities commission of Ohio is 8,405
entitled to receive a vehicle allowance to secure or lease
transportation for that person's use in the scope of that 8,406
person's employment or official duties. 8,407
The director of administrative services may establish a 8,409
fleet reporting system and may require state departments, 8,410
agencies, institutions, commissions, and boards to submit 8,411
information relative to state vehicles to be used in operating 8,412
the fleet management program. All requests for the purchase or 8,413
lease of vehicles are subject to approval by the director prior 8,415
to acquisition.
The director may promulgate rules and procedures for 8,417
implementing the state fleet management program. The fleet 8,418
management program shall be supported by reasonable fees charged 8,419
185
for the services provided. Such fees shall be collected by the 8,420
director and deposited in the state treasury to the credit of the 8,421
transportation services FLEET MANAGEMENT fund created by section 8,422
125.83 of the Revised Code. 8,424
Sec. 125.87. Transferees, recipients, and entities 8,433
referred to in sections 125.84 to 125.90 of the Revised Code 8,435
shall be required to pay to the department of administrative 8,437
services such service charges or fees as the department may 8,439
require in connection with federal property acquired, warehoused, 8,441
distributed, transferred, conveyed, or reconveyed by such THE 8,442
department and may be required to pay service charges or fees, if 8,443
any, on property recaptured, reverted, or disposed of by such THE 8,445
department when such action pertains to that property on which 8,448
title is restricted by: the United States; the rules or orders 8,450
of the department; the rules issued in conformance with section 8,451
5502.25 of the Revised Code; or by sections 125.84 to 125.90 of 8,454
the Revised Code. ALL SERVICE CHARGES OR FEES COLLECTED BY THE 8,455
DEPARTMENT UNDER THIS SECTION SHALL BE PAID INTO THE STATE
TREASURY TO THE CREDIT OF THE INVESTMENT RECOVERY FUND CREATED 8,457
UNDER SECTION 125.14 OF THE REVISED CODE.
Sec. 126.07. No contract, agreement, or obligation 8,466
involving the expenditure of money chargeable to an 8,467
appropriation, nor any resolution or order for the expenditure of 8,468
money chargeable to an appropriation, shall be valid and 8,469
enforceable unless the director of budget and management first 8,470
certifies that there is a balance in the appropriation not 8,471
already obligated to pay existing obligations, IN AN AMOUNT EQUAL 8,472
TO THE PORTION OF THE CONTRACT, AGREEMENT, OBLIGATION, 8,473
RESOLUTION, OR ORDER TO BE PERFORMED IN THE CURRENT FISCAL YEAR. 8,474
Any written contract or agreement entered into by the state shall 8,475
contain a clause stating that the obligations of the state are 8,476
subject to this section. 8,477
In order to make a payment from the state treasury, a state 8,479
agency shall first submit to the director all invoices, claims, 8,480
186
vouchers, and other evidentiary matter related to the payment. If 8,482
the director approves payment to be made, he THE DIRECTOR shall 8,483
submit the approval to the auditor of state for the drawing of a 8,484
warrant as provided in section 117.45 of the Revised Code. The 8,485
director shall not approve payment to be made if he THE DIRECTOR 8,486
finds that there is not an unobligated balance in the 8,488
appropriation for the payment, that the payment is not for a 8,489
valid claim against the state that is legally due, or that 8,490
insufficient evidentiary matter has been submitted. If the 8,491
director does not approve payment, he THE DIRECTOR shall notify 8,493
the agency of the reasons he THE DIRECTOR has not given approval. 8,494
In approving payments to be made under this section, the 8,496
director, upon receipt of certification from the administrator of 8,497
the bureau of employment services pursuant to section 4141.231 of 8,498
the Revised Code, shall withhold from amounts otherwise payable 8,499
to a person who is the subject of the administrator's 8,500
certification, the amount certified to be due and unpaid to the 8,501
bureau of employment services, and shall approve for payment to 8,502
the bureau of employment services, the amount withheld. 8,503
Sec. 126.12. (A) "The state clearinghouse for applications 8,512
for federal funds" is hereby created within the office of budget 8,513
and management. Every state agency that applies for direct or 8,514
indirect federal funds shall submit a copy of its application, 8,515
and a copy of each modification or amendment to such application, 8,516
to the state clearinghouse at the same time the agency submits 8,517
such items to the federal funding agency or grantor state agency. 8,518
The clearinghouse shall do all of the following: 8,519
(1) Review state agencies' applications for federal 8,521
grants; 8,522
(2) Compile and analyze data received from state and local 8,524
governments and private organizations applying for federal 8,525
grants; 8,526
(3) Maintain an information system on federal grants; 8,528
(4) Serve as the governor's designation as Ohio's single 8,530
187
point of contact with federal agencies in order to implement 8,531
executive order number 12372 of the president of the United 8,532
States, any amendments thereto, and any subsequent related 8,533
orders; 8,534
(5) Prepare THE OFFICE OF BUDGET AND MANAGEMENT SHALL 8,536
PREPARE and administer a statewide indirect cost allocation plan 8,538
that provides for the recovery of statewide indirect costs from 8,539
any fund of the state. THE
(B) The director of budget and management may make 8,541
transfers of statewide indirect costs from the appropriate fund 8,542
of the state to the general revenue fund on an intrastate 8,543
transfer voucher. The director may also, for reasons of sound 8,544
financial management, ALSO MAY waive the recovery of statewide 8,545
indirect costs. Prior to making a transfer in accordance with 8,546
this division, the director shall notify the affected agency of 8,547
the amounts to be transferred. 8,548
(C)(B) As used in this section, "statewide indirect costs" 8,550
means operating costs incurred by an agency in providing services 8,551
to any other agency, for which there was no billing to such other 8,552
agency for the services provided, and for which disbursements 8,553
have been made from the general revenue fund. 8,554
Sec. 126.14. THE RELEASE OF ANY MONEY APPROPRIATED FOR THE 8,557
PURCHASE OF REAL ESTATE SHALL BE APPROVED BY THE CONTROLLING 8,558
BOARD. THE RELEASE OF MONEY APPROPRIATED FOR ALL OTHER CAPITAL 8,559
PROJECTS IS ALSO SUBJECT TO THE APPROVAL OF THE CONTROLLING 8,560
BOARD, EXCEPT THAT THE DIRECTOR OF BUDGET AND MANAGEMENT MAY 8,561
APPROVE THE RELEASE OF MONEY APPROPRIATED FOR SPECIFIC PROJECTS 8,562
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 8,563
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF ANY ACT 8,565
APPROPRIATING MONEY FOR CAPITAL PROJECTS, THE DIRECTOR SHALL 8,566
DETERMINE WHICH APPROPRIATIONS ARE FOR GENERAL PROJECTS AND WHICH 8,568
ARE FOR SPECIFIC PROJECTS. SPECIFIC PROJECTS MAY INCLUDE
SPECIFIC HIGHER EDUCATION PROJECTS THAT ARE TO BE FUNDED FROM 8,569
GENERAL PURPOSE APPROPRIATIONS FROM THE HIGHER EDUCATION 8,570
188
IMPROVEMENTS FUND CREATED IN SECTION 154.21 OF THE REVISED CODE. 8,571
UPON DETERMINING WHICH PROJECTS ARE GENERAL AND WHICH ARE 8,572
SPECIFIC, THE DIRECTOR SHALL SUBMIT TO THE CONTROLLING BOARD A 8,573
LIST THAT INCLUDES A BRIEF DESCRIPTION OF AND THE ESTIMATED 8,574
EXPENDITURES FOR EACH SPECIFIC PROJECT. THE RELEASE OF MONEY FOR 8,576
ANY SPECIFIC HIGHER EDUCATION PROJECTS THAT ARE TO BE FUNDED FROM 8,577
GENERAL PURPOSE APPROPRIATIONS FROM THE HIGHER EDUCATION
IMPROVEMENTS FUND BUT THAT ARE NOT INCLUDED ON THE LIST, AND THE 8,578
RELEASE OF MONEY FOR ANY SPECIFIC HIGHER EDUCATION PROJECTS 8,579
INCLUDED ON THE LIST THAT WILL EXCEED THE ESTIMATED EXPENDITURES 8,580
BY MORE THAN TEN PER CENT, ARE SUBJECT TO THE APPROVAL OF THE 8,581
CONTROLLING BOARD. 8,582
Sec. 126.21. The director of budget and management shall 8,591
DO ALL OF THE FOLLOWING: 8,592
(A) Keep all necessary accounting records; 8,594
(B) Prescribe and maintain the accounting system of the 8,596
state and establish appropriate accounting procedures and charts 8,597
of accounts; 8,598
(C) ESTABLISH PROCEDURES FOR THE USE OF WRITTEN, 8,600
ELECTRONIC, OPTICAL, OR OTHER COMMUNICATIONS MEDIA FOR APPROVING 8,601
PAYMENT VOUCHERS;
(D) Reconcile, in the case of any variation between the 8,603
amount of any appropriation and the aggregate amount of items 8,604
thereof, with the advice and assistance of the state agency 8,605
affected thereby and the legislative budget office of the 8,606
legislative service commission, totals so as to correspond in the 8,607
aggregate with the total appropriation. In the case of a 8,608
conflict between the item and the total of which it is a part, 8,609
the item shall be considered the intended appropriation. 8,610
(D)(E) Evaluate on an ongoing basis and, if necessary, 8,612
recommend improvements to the internal controls used in state 8,613
agencies; 8,614
(E)(F) Authorize the establishment of petty cash accounts. 8,617
The director of budget and management may withdraw approval for
189
any petty cash account and require the officer in charge to 8,618
return to the state treasury any unexpended balance shown by the 8,620
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 8,622
expenditures of such petty cash and shall report when requested 8,623
the balance of petty cash on hand at any time. 8,624
(F)(G) Process orders, invoices, vouchers, claims, and 8,626
payrolls and prepare financial reports and statements; 8,627
(G)(H) Perform such extensions, reviews, and compliance 8,629
checks prior to approving a payment as the director considers 8,630
necessary; 8,631
(H)(I) Issue the official comprehensive annual financial 8,633
report of the state. The report shall cover all funds and 8,634
account groups of the state reporting entity and shall include 8,635
general purpose financial statements prepared in accordance with 8,636
generally accepted accounting principles and such other 8,637
information as the director provides. All state agencies, 8,638
authorities, institutions, offices, retirement systems, and other 8,639
component units of the state reporting entity as determined by 8,640
the director shall furnish the director whatever financial 8,641
statements and other information the director requests for the 8,643
report, in such form, at such times, covering such periods, and
with such attestation as the director prescribes. The 8,644
information for state institutions of higher education, as such 8,645
term is defined in section 3345.011 of the Revised Code, shall be 8,646
submitted to the director by the Ohio board of regents. The 8,647
board shall establish a due date by which each such institution 8,648
shall submit the information to the board, but no such date shall 8,649
be later than one hundred twenty days after the end of the state 8,650
fiscal year unless a later date is approved by the director. 8,651
Sec. 126.26. The director of budget and management, when 8,661
serving as chairman CHAIRPERSON of the gubernatorial transition 8,662
committee appointed under section 107.29 of the Revised Code, 8,664
shall:
190
(A) Make available to the governor-elect all the 8,666
information the office of budget and management has concerning 8,667
the income and revenues of the state and the state budget, and 8,668
assign one or more employees of the office to assist the 8,669
governor-elect in his THE GOVERNOR-ELECT'S study of the 8,670
information; 8,671
(B) In consultation with the director of administrative 8,673
services, assign and make available office space sufficient to 8,674
accommodate the governor-elect and his THE GOVERNOR-ELECT'S 8,675
immediate staff pending his THE GOVERNOR-ELECT'S inauguration as 8,677
governor;
(C) As necessary, direct any state agency to furnish such 8,679
information as may be necessary to the governor, the 8,680
governor-elect, or the gubernatorial transition committee; 8,681
(D) Preside as chairman CHAIRPERSON at all meetings of the 8,683
gubernatorial transition committee; 8,684
(E) PAY THE REASONABLE AND NECESSARY EXPENSES INCURRED BY 8,686
OR ON BEHALF OF THE GOVERNOR-ELECT FROM MONEYS APPROPRIATED FOR 8,687
THAT PURPOSE UNDER SECTION 107.30 OF THE REVISED CODE. 8,688
Sec. 127.16. (A) Upon the request of either a state 8,702
agency or the director of budget and management and after the 8,703
controlling board determines that an emergency or a sufficient 8,704
economic reason exists, the controlling board may approve the 8,705
making of a purchase without competitive selection as provided in 8,706
division (B) of this section. 8,707
(B) Except as otherwise provided in this section, no state 8,709
agency, using money that has been appropriated to it directly, 8,710
shall: 8,711
(1) Make any purchase from a particular supplier, that 8,713
would amount to fifty thousand dollars or more when combined with 8,714
both the amount of all disbursements to the supplier during the 8,715
fiscal year for purchases made by the agency and the amount of 8,716
all outstanding encumbrances for purchases made by the agency 8,717
from the supplier, unless the purchase is made by competitive 8,718
191
selection or with the approval of the controlling board; 8,719
(2) Lease real estate from a particular supplier, if the 8,721
lease would amount to seventy-five thousand dollars or more when 8,722
combined with both the amount of all disbursements to the 8,723
supplier during the fiscal year for real estate leases made by 8,724
the agency and the amount of all outstanding encumbrances for 8,725
real estate leases made by the agency from the supplier, unless 8,726
the lease is made by competitive selection or with the approval 8,727
of the controlling board. 8,728
(C) Any person who authorizes a purchase in violation of 8,730
division (B) of this section shall be liable to the state for any 8,731
state funds spent on the purchase, and the attorney general shall 8,732
collect the amount from the person. 8,733
(D) Nothing in division (B) of this section shall be 8,735
construed as: 8,736
(1) A limitation upon the authority of the director of 8,738
transportation as granted in sections 5501.17, 5517.02, and 8,739
5525.14 of the Revised Code; 8,740
(2) Applying to medicaid provider agreements under Chapter 8,742
5111. of the Revised Code, payments for services provided prior 8,744
to July 17, 1995, under general assistance medical assistance 8,745
established under former Chapter 5113. of the Revised Code, or 8,746
payments or provider agreements under disability assistance 8,747
medical assistance established under Chapter 5115. of the Revised 8,748
Code;
(3) Applying to the purchase of examinations from a sole 8,750
supplier by a state licensing board under Title XLVII of the 8,751
Revised Code; 8,752
(4) Applying to entertainment contracts for the Ohio state 8,754
fair entered into by the Ohio expositions commission, provided 8,755
that the controlling board has given its approval to the 8,756
commission to enter into such contracts and has approved a total 8,757
budget amount for such contracts as agreed upon by commission 8,758
action, and that the commission causes to be kept itemized 8,759
192
records of the amounts of money spent under each contract and 8,760
annually files those records with the legislative clerk of the 8,761
house of representatives and the clerk of the senate following 8,762
the close of the fair; 8,763
(5) Limiting the authority of the chief of the division of 8,765
mines and reclamation to contract for reclamation work with an 8,766
operator mining adjacent land as provided in section 1513.27 of 8,767
the Revised Code; 8,768
(6) Applying to investment transactions and procedures of 8,770
any state agency, except that the agency shall file with the 8,771
board the name of any person with whom the agency contracts to 8,772
make, broker, service, or otherwise manage its investments, as 8,773
well as the commission, rate, or schedule of charges of such 8,774
person with respect to any investment transactions to be 8,775
undertaken on behalf of the agency. The filing shall be in a 8,776
form and at such times as the board considers appropriate. 8,777
(7) Applying to purchases made with money for the per cent 8,779
for arts program established by section 3379.10 of the Revised 8,780
Code; 8,781
(8) Applying to purchases made by the rehabilitation 8,783
services commission of services, or supplies, that are provided 8,784
to persons with disabilities, or to purchases made by the 8,785
commission in connection with the eligibility determinations it 8,786
makes for applicants of programs administered by the social 8,787
security administration; 8,788
(9) Applying to payments by the department of human 8,790
services under section 5111.13 of the Revised Code for group 8,791
health plan premiums, deductibles, coinsurance, and other 8,792
cost-sharing expenses; 8,793
(10) Applying to any agency of the legislative branch of 8,795
the state government; 8,796
(11) Applying to agreements entered into under section 8,798
5101.11 of the Revised Code; 8,799
(12) Applying to purchases of services by the adult parole 8,801
193
authority under section 2967.14 of the Revised Code or by the 8,802
department of youth services under section 5139.08 of the Revised 8,803
Code; 8,804
(13) Applying to dues or fees paid for membership in an 8,806
organization or association; 8,807
(14) Applying to purchases of utility services pursuant to 8,809
section 9.30 of the Revised Code; 8,810
(15) Applying to purchases made in accordance with rules 8,812
adopted by the department of administrative services of motor 8,813
vehicle, aviation, or watercraft fuel, or emergency repairs of 8,814
such vehicles; 8,815
(16) Applying to purchases of tickets for passenger air 8,817
transportation; 8,818
(17) Applying to purchases necessary to provide public 8,820
notifications required by law or to provide notifications of job 8,821
openings; 8,822
(18) Applying to the judicial branch of state government; 8,824
(19) Applying to purchases of liquor for resale by the 8,826
department or, on and after July 1, 1997, the division of liquor 8,827
control;
(20) Applying to purchases of motor courier and freight 8,829
services made in accordance with department of administrative 8,830
services rules; 8,831
(21) Applying to purchases from the United States postal 8,833
service and purchases of stamps and postal meter replenishment 8,834
from vendors at rates established by the United States postal 8,835
service; 8,836
(22) Applying to purchases of books, periodicals, 8,838
pamphlets, newspapers, maintenance subscriptions, and other 8,839
published materials; 8,840
(23) Applying to purchases from other state agencies, 8,842
including state-assisted institutions of higher education; 8,843
(24) Limiting the authority of the director of 8,845
environmental protection to enter into contracts under division 8,846
194
(D) of section 3745.14 of the Revised Code to conduct compliance 8,847
reviews, as defined in division (A) of that section; 8,848
(25) Applying to purchases from a qualified nonprofit 8,850
agency pursuant to sections 4115.31 to 4115.35 of the Revised 8,851
Code; 8,852
(26) Applying to payments by the department of human 8,854
services to the United States department of health and human 8,855
services for printing and mailing notices pertaining to the tax 8,856
refund offset program of the internal revenue service of the 8,857
United States department of the treasury; 8,858
(27) Applying to contracts entered into by the department 8,860
of mental retardation and developmental disabilities under 8,861
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 8,862
(28) Applying to payments made by the department of mental 8,864
health under a physician recruitment program authorized by 8,865
section 5119.101 of the Revised Code; 8,866
(29) APPLYING TO CONTRACTS ENTERED INTO WITH PERSONS BY 8,868
THE DIRECTOR OF COMMERCE FOR UNCLAIMED FUNDS COLLECTION AND 8,869
REMITTANCE EFFORTS AS PROVIDED IN DIVISION (F) OF SECTION 169.03 8,871
OF THE REVISED CODE. THE DIRECTOR SHALL KEEP AN ITEMIZED 8,874
ACCOUNTING OF UNCLAIMED FUNDS COLLECTED BY THOSE PERSONS AND 8,875
AMOUNTS PAID TO THEM FOR THEIR SERVICES.
(E) Notwithstanding division (B)(1) of this section, the 8,877
cumulative purchase threshold shall be seventy-five thousand 8,878
dollars for the departments of mental retardation and 8,879
developmental disabilities, mental health, rehabilitation and 8,880
correction, and youth services. 8,881
(F) When determining whether a state agency has reached 8,883
the cumulative purchase thresholds established in divisions 8,884
(B)(1), (B)(2), and (E) of this section, all of the following 8,885
purchases by such agency shall not be considered: 8,886
(1) Purchases made through competitive selection or with 8,888
controlling board approval; 8,889
(2) Purchases listed in division (D) of this section; 8,891
195
(3) For the purposes of the thresholds of divisions (B)(1) 8,893
and (E) of this section only, leases of real estate. 8,894
(G) As used in this section, "competitive selection," 8,896
"purchase," "supplies," and "services" have the same meanings as 8,897
in section 125.01 of the Revised Code. 8,898
Sec. 131.35. (A) With respect to the federal funds 8,907
received into any fund of the state from which transfers may be 8,908
made under division (D) of section 127.14 of the Revised Code: 8,909
(1) No state agency may make expenditures of any federal 8,911
funds, whether such funds are advanced prior to expenditure or as 8,912
reimbursement, unless such expenditures are made pursuant to 8,913
specific appropriations of the general assembly IDENTIFYING THE 8,915
FEDERAL PROGRAM THAT IS THE SOURCE OF FUNDS, ARE AUTHORIZED 8,916
PURSUANT TO SECTION 131.38 OF THE REVISED CODE, ARE AUTHORIZED BY 8,918
THE CONTROLLING BOARD PURSUANT TO DIVISION (A)(5) OF THIS 8,920
SECTION, or are made pursuant to AUTHORIZED BY an executive order 8,921
issued in accordance with section 107.17 of the Revised Code, and 8,923
until an allotment has been approved by the director of budget 8,924
and management. All federal funds received by a state agency 8,925
shall be reported to the director within fifteen days of the 8,926
receipt of such funds or the notification of award, whichever 8,927
occurs first. The director shall prescribe the forms and 8,928
procedures to be used when reporting THE RECEIPT OF federal 8,929
receipts FUNDS.
(2) If the federal funds received are less than the amount 8,931
of such funds appropriated by the general assembly for a specific 8,932
purpose, the total appropriation of federal and state funds for 8,933
such purpose shall be reduced in proportion to the amount of 8,934
reduction in federal funds. 8,935
(3) If the federal funds received are greater than the 8,937
amount of such funds appropriated by the general assembly for a 8,938
specific purpose, the total appropriation of federal and state 8,939
funds for such purpose shall remain at the amount designated by 8,940
the general assembly, except that the expenditure of federal 8,941
196
funds received in excess of such specific appropriation may be 8,942
authorized by the controlling board. 8,943
(4)(3) To the extent that the expenditure of excess 8,945
federal funds is authorized, the controlling board may transfer a 8,946
like amount of general revenue fund appropriation authority from 8,947
the affected agency to the emergency purposes appropriation of 8,948
the controlling board, if such action is permitted under federal 8,949
regulations. 8,950
(5)(4) Additional funds may be created by the controlling 8,952
board to receive revenues not anticipated in an appropriations 8,953
act for the biennium in which such new revenues are received. 8,954
Expenditures from such additional funds may be authorized by the 8,955
controlling board, but such authorization shall not extend beyond 8,956
the end of the biennium in which such funds are created. 8,957
CONTROLLING BOARD AUTHORIZATION FOR A STATE AGENCY TO MAKE 8,959
AN EXPENDITURE OF FEDERAL FUNDS UNDER DIVISION (A)(1) OF THIS 8,961
SECTION CONSTITUTES AUTHORITY FOR THE AGENCY TO PARTICIPATE IN 8,962
THE FEDERAL PROGRAM PROVIDING THE FUNDS, AND THE AGENCY IS NOT 8,963
REQUIRED TO OBTAIN AN EXECUTIVE ORDER UNDER SECTION 107.17 OF THE 8,964
REVISED CODE TO PARTICIPATE IN THE FEDERAL PROGRAM.
(B) With respect to nonfederal funds received into the 8,966
waterways safety fund, the wildlife fund, and any fund of the 8,968
state from which transfers may be made under division (D) of 8,969
section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any such 8,971
funds unless the expenditures are made pursuant to specific 8,972
appropriations of the general assembly. 8,973
(2) If the receipts received into any fund are greater 8,975
than the amount appropriated, the appropriation for that fund 8,976
shall remain at the amount designated by the general assembly or 8,977
as increased and approved by the controlling board. 8,978
(3) Additional funds may be created by the controlling 8,980
board to receive revenues not anticipated in an appropriations 8,981
act for the biennium in which such new revenues are received. 8,982
197
Expenditures from such additional funds may be authorized by the 8,983
controlling board, but such authorization shall not extend beyond 8,984
the end of the biennium in which such funds are created. 8,985
(C) The controlling board shall not authorize more than 8,987
ten per cent of additional spending from the occupational 8,988
licensing and regulatory fund, created in section 4743.05 of the 8,989
Revised Code, in excess of any appropriation made by the general 8,990
assembly to a licensing agency except an appropriation for costs 8,991
related to the examination or reexamination of applicants for a 8,992
license. As used in this division, "licensing agency" and 8,993
"license" have the same meanings as in section 4745.01 of the 8,994
Revised Code. 8,995
Sec. 131.38. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF 8,997
A SECTION OF ANY ACT CONTAINING APPROPRIATIONS OF FEDERAL FUNDS, 8,999
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSMIT TO THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE 9,000
SENATE, THE CHAIRPERSON OF THE HOUSE COMMITTEE ON FINANCE AND 9,001
APPROPRIATIONS, AND THE CHAIRPERSON OF THE SENATE FINANCE 9,002
COMMITTEE A LIST, BY STATE AGENCY, THAT IDENTIFIES SPECIFIC 9,003
FEDERAL PROGRAMS FOR WHICH FEDERAL FUNDS HAVE BEEN APPROPRIATED 9,004
IN THE ACT. A STATE AGENCY IS NOT REQUIRED TO OBTAIN AN
EXECUTIVE ORDER UNDER SECTION 107.17 OF THE REVISED CODE TO 9,006
PARTICIPATE IN A FEDERAL PROGRAM APPEARING ON THE LIST. 9,007
Sec. 131.41. THERE IS HEREBY CREATED IN THE STATE TREASURY 9,009
THE HUMAN SERVICES STABILIZATION FUND. THE FUND SHALL CONSIST OF 9,010
MONEYS DEPOSITED INTO IT PURSUANT TO ACTS OF THE GENERAL 9,011
ASSEMBLY. THE DIRECTOR OF BUDGET AND MANAGEMENT, WITH ADVICE 9,012
FROM THE DIRECTOR OF HUMAN SERVICES, MAY TRANSFER MONEYS IN THE 9,013
HUMAN SERVICES STABILIZATION FUND TO THE GENERAL REVENUE FUND FOR 9,014
THE DEPARTMENT OF HUMAN SERVICES. MONEYS MAY BE TRANSFERRED DUE
TO IDENTIFIED SHORTFALLS, SUCH AS HIGHER CASELOADS, FEDERAL 9,015
FUNDING CHANGES, AND UNFORESEEN COSTS DUE TO SIGNIFICANT STATE 9,016
POLICY CHANGES. BEFORE TRANSFERS ARE AUTHORIZED, THE DIRECTOR OF 9,017
BUDGET AND MANAGEMENT SHALL EXHAUST THE POSSIBILITIES FOR 9,018
198
TRANSFERS OF MONEYS WITHIN THE DEPARTMENT OF HUMAN SERVICES TO 9,019
MEET THE IDENTIFIED SHORTFALL. TRANSFERS SHALL NOT BE USED TO
FUND POLICY CHANGES NOT CONTEMPLATED BY ACTS OF THE GENERAL 9,020
ASSEMBLY.
Sec. 131.44. (A) AS USED IN THIS SECTION: 9,030
(1) "SURPLUS REVENUE" MEANS THE EXCESS, IF ANY, OF THE 9,032
TOTAL FUND BALANCE OVER THE REQUIRED YEAR-END BALANCE. 9,033
(2) "TOTAL FUND BALANCE" MEANS THE SUM OF THE UNENCUMBERED 9,035
BALANCE IN THE GENERAL REVENUE FUND ON THE LAST DAY OF THE 9,036
PRECEDING FISCAL YEAR PLUS THE BALANCE IN THE BUDGET 9,037
STABILIZATION FUND. 9,038
(3) "REQUIRED YEAR-END BALANCE" MEANS THE SUM OF THE 9,040
FOLLOWING: 9,041
(a) FIVE PER CENT OF THE GENERAL REVENUE FUND REVENUES FOR 9,044
THE PRECEDING FISCAL YEAR;
(b) "ENDING FUND BALANCE," WHICH MEANS ONE-HALF OF ONE PER 9,047
CENT OF GENERAL REVENUE FUND REVENUES FOR THE PRECEDING FISCAL 9,048
YEAR;
(c) "CARRYOVER BALANCE," WHICH MEANS, WITH RESPECT TO A 9,051
FISCAL BIENNIUM, THE EXCESS, IF ANY, OF THE ESTIMATED GENERAL 9,052
REVENUE FUND APPROPRIATION AND TRANSFER REQUIREMENT FOR THE 9,053
SECOND FISCAL YEAR OF THE BIENNIUM OVER THE ESTIMATED GENERAL 9,054
REVENUE FUND REVENUE FOR THAT FISCAL YEAR; 9,055
(d) "CAPITAL APPROPRIATION RESERVE," WHICH MEANS THE 9,058
AMOUNT, IF ANY, OF GENERAL REVENUE FUND CAPITAL APPROPRIATIONS 9,059
MADE FOR THE CURRENT BIENNIUM THAT THE DIRECTOR OF BUDGET AND 9,060
MANAGEMENT HAS DETERMINED WILL BE ENCUMBERED OR DISBURSED; 9,061
(e) "INCOME TAX REDUCTION IMPACT RESERVE," WHICH MEANS AN 9,064
AMOUNT EQUAL TO THE REDUCTION PROJECTED BY THE DIRECTOR OF BUDGET 9,065
AND MANAGEMENT IN INCOME TAX REVENUE IN THE CURRENT FISCAL YEAR 9,066
ATTRIBUTABLE TO THE PREVIOUS REDUCTION IN THE INCOME TAX RATE 9,067
MADE BY THE TAX COMMISSIONER PURSUANT TO DIVISION (B) OF SECTION 9,069
5747.02 OF THE REVISED CODE. 9,070
(4) "ESTIMATED GENERAL REVENUE FUND APPROPRIATION AND 9,072
199
TRANSFER REQUIREMENT" MEANS THE MOST RECENT ADJUSTED 9,073
APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY FROM THE GENERAL 9,074
REVENUE FUND AND INCLUDES BOTH OF THE FOLLOWING: 9,075
(a) APPROPRIATIONS MADE AND TRANSFERS OF APPROPRIATIONS 9,078
FROM THE FIRST FISCAL YEAR TO THE SECOND FISCAL YEAR OF THE 9,079
BIENNIUM IN PROVISIONS OF ACTS OF THE GENERAL ASSEMBLY SIGNED BY 9,080
THE GOVERNOR BUT NOT YET EFFECTIVE;
(b) TRANSFERS OF APPROPRIATION FROM THE FIRST FISCAL YEAR 9,083
TO THE SECOND FISCAL YEAR OF THE BIENNIUM APPROVED BY THE 9,084
CONTROLLING BOARD.
(5) "ESTIMATED GENERAL REVENUE FUND REVENUE" MEANS THE 9,086
MOST RECENT SUCH ESTIMATE AVAILABLE TO THE DIRECTOR OF BUDGET AND 9,088
MANAGEMENT.
(B)(1) Not later than the thirty-first day of July each 9,091
year, the director of budget and management shall determine the 9,092
surplus revenue that existed on the preceding thirtieth day of 9,093
June, and transfer an amount equal to the surplus revenue from 9,094
the general revenue fund to the income tax reduction fund, which 9,096
is hereby created in the state treasury, to the extent of the 9,097
unobligated, unencumbered balance in the general revenue fund on 9,098
the preceding thirtieth day of June IN EXCESS OF ONE-HALF OF ONE 9,100
PER CENT OF THE GENERAL REVENUE FUND REVENUES IN THE PRECEDING 9,101
FISCAL YEAR, THE FOLLOWING:
(a) FIRST, TO THE BUDGET STABILIZATION FUND, ANY AMOUNT 9,104
NECESSARY FOR THE BALANCE OF THE BUDGET STABILIZATION FUND TO 9,105
EQUAL FIVE PER CENT OF THE GENERAL REVENUE FUND REVENUES OF THE 9,106
PRECEDING FISCAL YEAR;
(b) THEN, TO THE INCOME TAX REDUCTION FUND, WHICH IS 9,109
HEREBY CREATED IN THE STATE TREASURY, AN AMOUNT EQUAL TO THE 9,110
SURPLUS REVENUE.
(3)(2) Not later than the thirty-first day of July each 9,113
year, the director shall determine the percentage that the
balance in the income tax reduction fund is of the amount of 9,114
revenue that the legislative budget office DIRECTOR estimates 9,115
200
will be received from the tax levied under section 5747.02 of the 9,117
Revised Code in the current fiscal year without regard to any 9,118
reduction under division (B) of that section. If that percentage 9,119
exceeds thirty-five one hundredths of one per cent, the director 9,120
shall certify the percentage to the tax commissioner not later 9,121
than the thirty-first day of July. 9,122
(C) The director of budget and management shall transfer 9,125
money in the income tax reduction fund to the general revenue 9,126
fund, the local government fund, the library and local government 9,127
support fund, and the local government revenue assistance fund as
necessary to offset revenue reductions resulting from the 9,128
reductions in taxes required under division (B) of section 9,130
5747.02 of the Revised Code in the respective amounts and
percentages prescribed by divisions (A)(1), (2), and (4) of 9,131
section 5747.03 of the Revised Code as if the amount transferred 9,133
had been collected as taxes under Chapter 5747. of the Revised 9,134
Code. If no reductions in taxes are made under that division
that affect revenue received in the current fiscal year, the 9,135
director shall not transfer money from the income tax reduction 9,136
fund to the general revenue fund, THE LOCAL GOVERNMENT FUND, THE 9,137
LIBRARY AND LOCAL GOVERNMENT SUPPORT FUND, AND THE LOCAL 9,138
GOVERNMENT REVENUE ASSISTANCE FUND. 9,139
Sec. 135.142. (A) In addition to the investments 9,148
authorized by section 135.14 of the Revised Code, any board of 9,149
education, by a two-thirds vote of its members, may authorize the 9,150
treasurer of the board of education to invest up to twenty-five 9,151
per cent of the interim moneys of the board, available for 9,152
investment at any one time, in either of the following: 9,153
(1) Commercial paper notes issued by any corporation for 9,155
profit that is incorporated under the laws of the United States 9,156
or any state ENTITY THAT IS DEFINED IN DIVISION (D) OF SECTION 9,157
1705.01 OF THE REVISED CODE and has assets exceeding five hundred 9,158
million dollars, and to which notes all of the following apply: 9,159
(a) The notes are rated at the time of purchase in the 9,161
201
highest classification established by at least two standard 9,162
rating services; 9,163
(b) The aggregate value of the notes does not exceed ten 9,165
per cent of the aggregate value of the outstanding commercial 9,166
paper of the issuing corporation; 9,167
(c) The notes mature no later than one hundred eighty days 9,169
after purchase. 9,170
(2) Bankers' acceptances of banks that are members of the 9,172
federal deposit insurance corporation to which obligations both 9,173
of the following apply: 9,174
(a) The obligations are eligible for purchase by the 9,176
federal reserve system; 9,177
(b) The obligations mature no later than one hundred 9,179
eighty days after purchase. 9,180
(B) No investment authorized pursuant to division (A) of 9,182
this section shall be made, whether or not authorized by a board 9,183
of education, unless the treasurer of the board of education has 9,184
completed additional training for making the types of investments 9,185
authorized pursuant to division (A) of this section. The type 9,186
and amount of such training shall be approved and may be 9,187
conducted by or provided under the supervision of the auditor of 9,188
state. 9,189
(C) The treasurer of the board of education shall prepare 9,191
annually and submit to the board of education, the superintendent 9,192
of public instruction, and the auditor of state, on or before the 9,193
thirty-first day of August, a report listing each investment made 9,194
pursuant to division (A) of this section during the preceding 9,195
fiscal year, income earned from such investments, fees and 9,196
commissions paid pursuant to division (D) of this section, and 9,197
any other information required by the board, the superintendent, 9,198
and the auditor of state. 9,199
(D) A board of education may make appropriations and 9,201
expenditures for fees and commissions in connection with 9,202
investments made pursuant to division (A) of this section. 9,203
202
(E)(1) In addition to the investments authorized by 9,205
section 135.14 of the Revised Code and division (A) of this 9,206
section, any board of education that is a party to an agreement 9,207
with the treasurer of state pursuant to division (G) of section 9,209
135.143 of the Revised Code and that has outstanding obligations 9,210
issued under authority of section 133.10 or 133.301 of the 9,211
Revised Code may authorize the treasurer of the board of 9,213
education to invest interim moneys of the board in debt interests 9,214
rated in either of the two highest rating classifications by at
least two nationally recognized rating agencies and issued by 9,215
corporations ENTITIES that are incorporated under the laws of the 9,217
United States or a state DEFINED IN DIVISION (D) OF SECTION 9,218
1705.01 OF THE REVISED CODE. The debt interests purchased under
authority of division (E) of this section shall mature not later 9,220
than the latest maturity date of the outstanding obligations 9,221
issued under authority of section 133.10 or 133.301 of the 9,222
Revised Code.
(2) IF ANY OF THE DEBT INTERESTS ACQUIRED UNDER DIVISION 9,225
(E)(1) OF THIS SECTION CEASES TO BE RATED AS THERE REQUIRED, ITS 9,226
ISSUER SHALL NOTIFY THE TREASURER OF STATE OF THIS FACT WITHIN 9,227
TWENTY-FOUR HOURS. AT ANY TIME THEREAFTER THE TREASURER OF STATE 9,228
MAY REQUIRE COLLATERALIZATION AT THE RATE OF ONE HUNDRED TWO PER 9,229
CENT OF ANY REMAINING OBLIGATION OF THE ENTITY, WITH SECURITIES 9,230
AUTHORIZED FOR INVESTMENT UNDER SECTION 135.143 OF THE REVISED 9,231
CODE. THE COLLATERAL SHALL BE DELIVERED TO AND HELD BY A 9,232
CUSTODIAN ACCEPTABLE TO THE TREASURER OF STATE, MARKED TO MARKET 9,233
DAILY, AND ANY DEFAULT TO BE CURED WITHIN TWELVE HOURS. 9,234
UNLIMITED SUBSTITUTION SHALL BE ALLOWED OF COMPARABLE SECURITIES. 9,236
Sec. 145.73. (A) The Ohio public employees deferred 9,245
compensation board shall initiate, plan, expedite, and, subject 9,246
to an appropriate assurance of the approval of the internal 9,247
revenue service, promulgate and offer to all eligible employees, 9,248
and thereafter administer on behalf of all participating 9,249
employees and continuing members, and alter as required, a 9,250
203
program for deferral of compensation, including a reasonable 9,251
number of options to the employee for the investment of deferred 9,252
funds, including life insurance, annuities, variable annuities, 9,253
regulated investment trusts, pooled investment funds managed by 9,254
the board, or other forms of investment approved by the board, 9,255
always in such form as will assure the desired tax treatment of 9,256
such funds. THE MEMBERS OF THE OHIO PUBLIC EMPLOYEES DEFERRED 9,257
COMPENSATION BOARD ARE THE TRUSTEES OF ANY DEFERRED FUNDS AND 9,258
SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO THE FUNDS SOLELY IN 9,259
THE INTEREST OF AND FOR THE EXCLUSIVE BENEFIT OF PARTICIPATING 9,260
EMPLOYEES, CONTINUING MEMBERS, AND THEIR BENEFICIARIES. 9,261
(B) Every employer of an eligible employee shall contract 9,263
with such employee upon THE EMPLOYEE'S application for his 9,264
participation in a deferred compensation program offered by the 9,266
board. Every retirement system serving an eligible employee 9,267
shall serve as collection agent for compensation deferred by any 9,268
of its members and account for and deliver such sums to the 9,269
board.
(C) The board shall, subject to any applicable contract 9,271
provisions, undertake to obtain as favorable conditions of tax 9,272
treatment as possible, both in the initial programs and any 9,273
permitted alterations thereof or additions thereto, as to such 9,274
matters as terms of distribution, designation of beneficiaries, 9,275
withdrawal upon disability, financial hardship, or termination of 9,276
public employment, and other optional provisions. 9,277
(D) In no event shall the total of the amount of deferred 9,279
compensation to be set aside under a deferred compensation 9,280
program and the employee's nondeferred income for any year exceed 9,281
the total annual salary or compensation under the existing salary 9,282
schedule or classification plan applicable to such employee in 9,283
such year. 9,284
Such a deferred compensation program shall be in addition 9,286
to any retirement or any other benefit program provided by law 9,287
for employees of this state. The board shall adopt rules 9,288
204
pursuant to Chapter 119. of the Revised Code to provide any 9,289
necessary standards or conditions for the administration of its 9,290
programs, including any limits on the portion of a participating 9,291
employee's compensation that may be deferred in order to avoid 9,292
adverse treatment of the program by the internal revenue service 9,293
or the occurrence of deferral, withholding, or other deductions 9,294
in excess of the compensation available for any pay period. 9,295
Any income deferred under such a plan shall continue to be 9,297
included as regular compensation for the purpose of computing the 9,298
contributions to and benefits from the retirement system of such 9,299
employee. Any sum so deferred shall not be included in the 9,300
computation of any federal and state income taxes withheld on 9,301
behalf of any such employee. 9,302
(E) This section does not limit the authority of any 9,304
municipal corporation, county, township, park district, 9,305
conservancy district, sanitary district, health district, public 9,306
library, county law library, public institution of higher 9,307
education, or school district to provide separate authorized 9,308
plans or programs for deferring compensation of their officers 9,309
and employees in addition to the program for the deferral of 9,310
compensation offered by the board. Any municipal corporation, 9,311
public institution of higher education, or school district that 9,312
offers such plans or programs shall include a reasonable number 9,313
of options to its officers or employees for the investment of the 9,314
deferred funds, including annuities, variable annuities, 9,315
regulated investment trusts, or other forms of investment 9,316
approved by the municipal corporation, institution of higher 9,317
education, or school district, that will assure the desired tax 9,318
treatment of the funds. 9,319
Sec. 149.303. (A)(1) There is hereby created the national 9,328
museum of Afro-American history and culture planning committee to 9,329
advise the Ohio historical society in the performance of its 9,330
duties pursuant to section 149.302 of the Revised Code. The 9,331
committee shall consist of sixteen voting members appointed by 9,332
205
the governor with the advice and consent of the senate, AND THE 9,334
NONVOTING MEMBERS APPOINTED UNDER DIVISION (A)(2) OF THIS 9,335
SECTION. Each of the following organizations shall submit to the 9,336
governor a list of three nominees, and the governor shall appoint 9,337
one member from each such list: 9,338
(A)(a) Association for the study of Afro-American life and 9,340
history; 9,341
(B)(b) Central state university; 9,343
(C)(c) Congressional black caucus; 9,345
(D)(d) Greene county historical society; 9,347
(E)(e) National association for the advancement of colored 9,349
people; 9,350
(F) National association of media women; 9,352
(G) National caucus of black school board members; 9,354
(H) National caucus of the black aged; 9,356
(I)(f) National council of Negro women; 9,358
(J) National education association black caucus; 9,360
(K)(g) National newspaper publishers association; 9,362
(L)(h) National urban league; 9,364
(M)(i) Ohio historical society; 9,366
(N)(j) Organization of American historians; 9,368
(O)(k) Society of American archivists; 9,370
(P)(l) Wilberforce university. 9,372
THE GOVERNOR SHALL APPOINT THE REMAINING FOUR VOTING 9,374
MEMBERS FROM THE PUBLIC AT LARGE. 9,375
As the term of a member appointed in this manner FROM A 9,377
LIST OF NOMINEES SUBMITTED BY AN ORGANIZATION UNDER DIVISIONS 9,379
(A)(1)(a) TO (l) OF THIS SECTION expires, the governor shall make 9,380
an appointment from a list of nominations submitted by the same 9,381
organization that submitted the nominations from which the 9,382
outgoing member was appointed. One
(2) ONE member of the house of representatives designated 9,385
by the speaker of the house of representatives and one member of 9,386
the senate designated by the president of the senate shall serve 9,387
206
as nonvoting members of the committee. 9,388
(3) As the term of a member expires, the member's 9,390
successor shall be appointed by the governor, with the advice and 9,392
consent of the senate. Such terms shall be for four years, 9,393
commencing on the first day of February and ending on the 9,394
thirty-first day of January. Each member shall hold office from 9,395
the date of appointment until the end of the term for which the 9,396
member was appointed. In the event of the death, removal, 9,398
resignation, or incapacity of a member, the governor, with the 9,399
advice and consent of the senate, shall appoint a successor in 9,400
the same manner specified in this section for the appointment of 9,401
members to full terms. Any member appointed to fill a vacancy 9,402
occurring prior to the end of the term for which the member's 9,403
predecessor was appointed shall hold office for the remainder of 9,405
such term. Any member shall continue in office subsequent to the 9,406
expiration date of the member's term until a successor takes 9,408
office, or until a period of sixty days has elapsed, whichever 9,409
occurs first. The governor may remove any appointed member for 9,410
misfeasance, nonfeasance, or malfeasance in office. 9,411
(B)(1) From its membership, the committee shall select a 9,413
chairperson and vice-chairperson. All members of the committee 9,416
shall serve without compensation, but may be reimbursed for their 9,417
actual and necessary expenses incurred in the performance of 9,418
their official duties. The expenses of the committee shall be 9,419
paid out of the appropriated subsidy to the Ohio historical 9,421
society.
(2) The committee shall hold at least one regular meeting 9,423
in each quarter of each calendar year, and shall keep a record of 9,424
its proceedings, which shall be open to the public for 9,425
inspection. Special meetings may be called by the chairperson, 9,426
and shall be called upon a written request therefor signed by 9,428
five or more members. A written notice of the time and place of 9,429
each meeting shall be sent to each member. A majority of the 9,430
members of the committee shall constitute a quorum. 9,431
207
(3) The Ohio historical society may provide any necessary 9,433
staff or services required by the advisory committee in the 9,434
performance of its duties. Compensation for such services shall 9,435
be paid out of the appropriated subsidy to the society. 9,436
(C) The committee may accept donations of historical items 9,438
and artifacts for placement in the national museum of 9,439
Afro-American history and culture, and shall house such items and 9,440
artifacts at the Ohio historical society until the museum is 9,441
established. After the establishment of the museum, the committee 9,442
shall convey all such donated items and artifacts to the private, 9,443
nonprofit organization to which the Ohio historical society has 9,444
conveyed the museum and its contents, as provided in section 9,445
149.302 of the Revised Code. All such historical items and 9,446
artifacts so conveyed shall remain at the museum as part of its 9,447
permanent collection. The committee shall advise the 9,448
organization to which the society has conveyed the museum and its 9,450
contents, concerning the operation and maintenance of the museum. 9,451
Sec. 149.331. The state record administration program of 9,461
the department of administrative services shall do all of the
following: 9,462
(A) Establish and promulgate in consultation with the 9,464
state archivist, standards, procedures, and techniques for the 9,465
effective management of state records; 9,466
(B) Make continuing surveys of record-keeping operations 9,468
and recommend improvements in current records management 9,469
practices including the use of space, equipment, and supplies 9,470
employed in creating, maintaining, storing, and servicing 9,471
records; 9,472
(C) Establish and operate such state records centers and 9,474
auxiliary facilities as may be authorized by appropriation and 9,475
provide such related services as are deemed necessary for the 9,476
preservation, screening, storage, and servicing of state records 9,477
pending disposition; 9,478
(D) Review applications for one-time records disposal and 9,480
208
schedules of records retention and destruction submitted by state 9,481
agencies in accordance with section 149.333 of the Revised Code; 9,482
(E) Establish "general schedules" proposing the disposal, 9,484
after the lapse of specified periods of time, of records of 9,485
specified form or character common to several or all agencies 9,486
that either have accumulated or may accumulate in such agencies 9,487
and that apparently will not, after the lapse of the periods 9,488
specified, have sufficient administrative, legal, fiscal, or 9,489
other value to warrant their further preservation by the state; 9,490
(F) Establish and maintain a records management training 9,492
program for personnel involved in record-making and 9,493
record-keeping functions of departments, offices, and 9,494
institutions; 9,495
(G) Obtain reports from departments, offices, and 9,497
institutions necessary for the effective administration of the 9,498
program; 9,499
(H) Provide for the disposition of any remaining records 9,501
of any state agency, board, or commission, whether in the 9,502
executive, judicial, or legislative branch of government, that 9,503
has terminated its operations. After the closing of the Ohio 9,505
veterans' children's home, the resident and administrative 9,506
records of the home and the resident and administrative records 9,507
of the home when it was known as the soldiers' and sailors' 9,508
orphans' home required to be maintained by approved records
retention schedules shall be administered by the state department 9,509
of education pursuant to this chapter, THE ADMINISTRATIVE RECORDS 9,510
OF THE HOME REQUIRED TO BE MAINTAINED BY APPROVED RECORDS 9,511
RETENTION SCHEDULES SHALL BE ADMINISTERED BY THE DEPARTMENT OF 9,512
ADMINISTRATIVE SERVICES PURSUANT TO THIS CHAPTER, and historical 9,513
records of the home shall be transferred to an appropriate 9,514
archival institution in this state prescribed by the state record 9,515
administration program.
(I) Establish a centralized program coordinating 9,517
micrographics standards, training, and services for the benefit 9,518
209
of all state agencies; 9,519
(J) Establish and publish in accordance with the 9,521
applicable law necessary procedures and rules for the retention 9,522
and disposal of state records. 9,523
This section does not apply to the records of 9,525
state-supported institutions of higher education, which shall 9,526
keep their own records. 9,527
Sec. 164.08. (A) Except as provided in section 164.09 of 9,536
the Revised Code, the net proceeds of obligations issued and sold 9,537
by the treasurer of state pursuant to section 164.09 of the 9,538
Revised Code for the purpose of financing or assisting in the 9,539
financing of the cost of public infrastructure capital 9,540
improvement projects of local subdivisions, as provided for in 9,541
Section 2k or 2m of Article VIII, Ohio Constitution, and this 9,543
chapter, shall be paid into the state capital improvements fund, 9,544
which is hereby created in the state treasury. Investment 9,545
earnings on moneys in the fund shall be credited to the fund. 9,546
(B) Each program year the amount of obligations authorized 9,548
by the general assembly in accordance with section 164.09 of the 9,549
Revised Code, excluding the proceeds of refunding or renewal 9,550
obligations, shall be allocated by the director of the Ohio 9,551
public works commission as follows: 9,552
(1) First, twelve million dollars of the amount of 9,554
obligations authorized shall be allocated to provide financial 9,555
assistance to villages and to townships with populations in the 9,556
unincorporated areas of the township of less than five thousand 9,557
persons, for capital improvements in accordance with section 9,558
164.051 and division (D) of section 164.06 of the Revised Code. 9,559
As used in division (B)(1) of this section, "capital 9,560
improvements" includes resurfacing and improving roads. 9,561
(2) Following the allocation required by division (B)(1) 9,563
of this section, the director may allocate two million five 9,565
hundred thousand dollars of the authorized obligations to provide 9,566
financial assistance to local subdivisions for capital 9,567
210
improvement projects which in the judgment of the director of the 9,568
Ohio public works commission are necessary for the immediate 9,569
preservation of the health, safety, and welfare of the citizens 9,570
of the local subdivision requesting assistance. 9,571
(3) For the second, third, fourth, and fifth years that 9,573
obligations are authorized and are available for allocation under 9,574
this chapter, one million dollars shall be allocated to the sewer 9,575
and water fund created in section 1525.11 of the Revised Code. 9,576
Money from this allocation shall be transferred to that fund when 9,577
needed to support specific payments from that fund. 9,578
(4) For program years twelve and fourteen that obligations 9,580
are authorized and available for allocation under this chapter, 9,581
two million dollars each program year shall be allocated to the 9,582
small county capital improvement program for use in providing 9,583
financial assistance under division (F) of section 164.02 of the 9,584
Revised Code.
(5) After the allocation required by division (B)(3) of 9,586
this section is made, the director shall determine the amount of 9,587
the remaining obligations authorized to be issued and sold that 9,588
each county would receive if such amounts were allocated on a per 9,589
capita basis each year. If a county's per capita share for the 9,590
year would be less than three hundred thousand dollars, the 9,591
director shall allocate to the district in which that county is 9,592
located an amount equal to the difference between three hundred 9,593
thousand dollars and the county's per capita share. 9,594
(6) After making the allocation required by division 9,596
(B)(5) of this section, the director shall allocate the remaining 9,598
amount to each district on a per capita basis.
(C)(1) There is hereby created in the state treasury the 9,600
state capital improvements revolving loan fund, into which shall 9,601
be deposited all repayments of loans made to local subdivisions 9,602
for capital improvements pursuant to this chapter. Investment 9,603
earnings on moneys in the fund shall be credited to the fund. 9,604
(2) There may also be deposited in the state capital 9,606
211
improvements revolving loan fund moneys obtained from federal or 9,607
private grants, or from other sources, which are to be used for 9,608
any of the purposes authorized by this chapter. Such moneys 9,609
shall be allocated each year in accordance with division (B)(6) 9,611
of this section.
(3) Moneys deposited into the state capital improvements 9,614
revolving loan fund shall be used to make loans for the purpose 9,616
of financing or assisting in the financing of the cost of capital
improvement projects of local subdivisions. 9,617
(4) Investment earnings credited to the state capital 9,619
improvements revolving loan fund that exceed the amounts required 9,620
to meet estimated federal arbitrage rebate requirements shall be 9,621
used to pay costs incurred by the public works commission in 9,623
administering this section. Investment earnings credited to the 9,624
state capital improvements revolving loan fund that exceed the
amounts required to pay for the administrative costs and 9,625
estimated rebate requirements shall be allocated to each district 9,626
on a per capita basis.
(5) Each program year, loan repayments received and on 9,628
deposit in the state capital improvements revolving loan fund 9,629
shall be allocated as follows:
(a) Each district public works integrating committee shall 9,632
be allocated an amount equal to the sum of all loan repayments
made to the state capital improvements revolving loan fund by 9,633
local subdivisions that are part of the district. Moneys not 9,634
used in a program year may be used in the next program year in 9,635
the same manner and for the same purpose as originally allocated. 9,636
(b) Loan repayments made pursuant to projects approved 9,639
under division (B)(1) of this section shall be used to make loans 9,640
in accordance with section 164.051 and division (D) of section 9,641
164.06 of the Revised Code. Allocations for this purpose made
pursuant to division (C)(5) of this section shall be in addition 9,642
to the allocation provided in division (B)(1) of this section. 9,644
(c) Loan repayments made pursuant to projects approved 9,647
212
under division (B)(2) of this section shall be used to make loans 9,648
in accordance with division (B)(2) of this section. Allocations 9,649
for this purpose made pursuant to division (C)(5) of this section 9,651
shall be in addition to the allocation provided in division
(B)(2) of this section. 9,652
(d) Loans made from the state capital improvements 9,654
revolving loan fund shall not be limited in their usage by 9,655
divisions (E), (F), (G), (H), and (I) of section 164.05 of the 9,656
Revised Code.
(D) Investment earnings credited to the state capital 9,658
improvements fund that exceed the amounts required to meet 9,659
estimated federal arbitrage rebate requirements shall be used to 9,660
pay costs incurred by the public works commission in 9,661
administering sections 164.01 to 164.13 164.12 of the Revised 9,662
Code. 9,663
(E) The director of the Ohio public works commission shall 9,665
notify the director of budget and management of the amounts 9,666
allocated pursuant to this section and such information shall be 9,667
entered into the state accounting system. The director of budget 9,668
and management shall establish appropriation line items as needed 9,669
to track these allocations. 9,670
(F) If the amount of a district's allocation in a program 9,672
year exceeds the amount of financial assistance approved for the 9,673
district by the commission for that year, the remaining portion 9,674
of the district's allocation shall be added to the district's 9,675
allocation pursuant to division (B) of this section for the next 9,676
succeeding year for use in the same manner and for the same 9,677
purposes as it was originally allocated, except that any portion 9,678
of a district's allocation which was available for use on new or 9,679
expanded infrastructure pursuant to division (H) of section 9,680
164.05 of the Revised Code shall be available in succeeding years 9,681
only for the repair and replacement of existing infrastructure. 9,682
(G) When an allocation based on population is made by the 9,684
director pursuant to division (B) of this section, the director 9,686
213
shall use the most recent decennial census statistics, and shall 9,687
not make any reallocations based upon a change in a district's 9,688
population.
Sec. 164.09. (A) The issuer is authorized to issue and 9,700
sell, as provided in this section and in amounts from time to 9,701
time authorized by the general assembly, general obligations of 9,702
this state for the purpose of financing or assisting in the 9,703
financing of the costs of public infrastructure capital 9,704
improvements for local subdivisions. The full faith and credit, 9,706
revenues, and taxing power of the state are and shall be pledged 9,707
to the timely payment of bond service charges on outstanding 9,708
obligations, all in accordance with Section 2k or 2m of Article 9,709
VIII, Ohio Constitution and sections 164.09 to 164.12 of the 9,710
Revised Code, excluding from that pledge fees, excises, or taxes 9,711
relating to the registration, operation, or use of vehicles on 9,712
the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there 9,713
shall be levied and collected excises and taxes, excluding those 9,714
excepted above, in amounts sufficient to pay the bond service 9,715
charges on such obligations and costs relating to credit 9,716
facilities. 9,717
(B)(1) The total principal amount of obligations issued 9,719
pursuant to Section 2k of Article VIII, Ohio Constitution shall 9,720
not exceed one billion two hundred million dollars, and not more 9,721
than one hundred twenty million dollars in principal amount of 9,722
obligations may be issued in any calendar year, all determined as 9,723
provided in sections 164.09 to 164.13 164.12 of the Revised Code. 9,725
(2) The total principal amount of obligations issued for 9,728
the purposes of this section pursuant to section SECTION 2m of 9,729
Article VIII, Ohio Constitution, shall not exceed one billion two 9,730
hundred million dollars. Not more than one hundred twenty 9,731
million dollars in principal amount of such obligations, plus the 9,732
principal amount of such obligations that in any prior fiscal 9,733
years could have been but were not issued within the 9,734
214
one-hundred-twenty-million-dollar fiscal year limit, may be
issued in any fiscal year. No obligations shall be issued for 9,735
the purposes of this section pursuant to Section 2m of Article 9,736
VIII, Ohio Constitution, until at least one billion one hundred 9,737
ninety-nine million five hundred thousand dollars aggregate 9,738
principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts 9,739
specified under division (B)(2) of this section shall be 9,740
determined as provided in sections 164.09 to 164.13 164.12 of the 9,742
Revised Code. 9,743
(C) Each issue of obligations shall be authorized by order 9,745
of the issuer. The bond proceedings shall provide for the 9,746
principal amount or maximum principal amount of obligations of an 9,747
issue, and shall provide for or authorize the manner or agency 9,748
for determining the principal maturity or maturities, not 9,749
exceeding the earlier of thirty years from the date of issuance 9,750
of the particular obligations or thirty years from the date the 9,751
debt represented by the particular obligations was originally 9,752
contracted, the interest rate or rates, the date of and the dates 9,753
of payment of interest on the obligations, their denominations, 9,754
and the establishment within or without the state of a place or 9,755
places of payment of bond service charges. Sections 9.96 and 9,756
9.98 to 9.983 of the Revised Code are applicable to the 9,757
obligations. The purpose of the obligations may be stated in the 9,758
bond proceedings as "financing or assisting in the financing of 9,759
local subdivisions capital improvement projects." 9,760
(D) The proceeds of the obligations, except for any 9,762
portion to be deposited in special funds, or in escrow funds for 9,763
the purpose of refunding outstanding obligations, all as may be 9,764
provided in the bond proceedings, shall be deposited to the state 9,765
capital improvements fund established by section 164.08 of the 9,766
Revised Code. 9,767
(E) The issuer may appoint paying agents, bond registrars, 9,769
securities depositories, and transfer agents, and may retain the 9,770
215
services of financial advisers and accounting experts, and retain 9,771
or contract for the services of marketing, remarketing, indexing, 9,772
and administrative agents, other consultants, and independent 9,773
contractors, including printing services, as are necessary in the 9,774
issuer's judgment to carry out sections 164.01 to 164.12 of the 9,775
Revised Code. Financing costs are payable, as provided in the 9,776
bond proceedings, from the proceeds of the obligations, from 9,777
special funds, or from other moneys available for the purpose. 9,778
(F) The bond proceedings, including any trust agreement, 9,780
may contain additional provisions customary or appropriate to the 9,781
financing or to the obligations or to particular obligations, 9,782
including but not limited to: 9,783
(1) The redemption of obligations prior to maturity at the 9,785
option of the state or of the holder or upon the occurrence of 9,786
certain conditions at such price or prices and under such terms 9,787
and conditions as are provided in the bond proceedings; 9,788
(2) The form of and other terms of the obligations; 9,790
(3) The establishment, deposit, investment, and 9,792
application of special funds, and the safeguarding of moneys on 9,793
hand or on deposit, without regard to Chapter 131. or 135. of the 9,794
Revised Code, but subject to any special provisions of this 9,795
section with respect to particular funds or moneys, and provided 9,796
that any bank or trust company that acts as a depository of any 9,797
moneys in special funds may furnish such indemnifying bonds or 9,798
may pledge such securities as required by the issuer; 9,799
(4) Any or every provision of the bond proceedings binding 9,801
upon the issuer and such state agency or local subdivision, 9,802
officer, board, commission, authority, agency, department, or 9,803
other person or body as may from time to time have the authority 9,804
under law to take such actions as may be necessary to perform all 9,805
or any part of the duty required by such provision; 9,806
(5) The maintenance of each pledge, any trust agreement, 9,808
or other instrument comprising part of the bond proceedings until 9,809
the state has fully paid or provided for the payment of the bond 9,810
216
service charges on the obligations or met other stated 9,811
conditions; 9,812
(6) In the event of default in any payments required to be 9,814
made by the bond proceedings, or any other agreement of the 9,815
issuer made as a part of a contract under which the obligations 9,816
were issued or secured, the enforcement of such payments or 9,817
agreements by mandamus, suit in equity, action at law, or any 9,818
combination of the foregoing; 9,819
(7) The rights and remedies of the holders of obligations 9,821
and of the trustee under any trust agreement, and provisions for 9,822
protecting and enforcing them, including limitations on rights of 9,823
individual holders of obligations; 9,824
(8) The replacement of any obligations that become 9,826
mutilated or are destroyed, lost, or stolen; 9,827
(9) Provision for the funding, refunding, or advance 9,829
refunding or other provision for payment of obligations which 9,830
will then no longer be outstanding for purposes of this section 9,831
or of the bond proceedings; 9,832
(10) Any provision that may be made in bond proceedings or 9,835
a trust agreement, including provision for amendment of the bond 9,836
proceedings;
(11) Such other provisions as the issuer determines, 9,838
including limitations, conditions, or qualifications relating to 9,839
any of the foregoing; 9,840
(12) Any other or additional agreements with the holders 9,842
of the obligations relating to the obligations or the security 9,843
for the obligations. 9,844
(G) The great seal of the state or a facsimile of that 9,846
seal may be affixed to or printed on the obligations. The 9,847
obligations requiring signature by the issuer shall be signed by 9,848
or bear the facsimile signature of the issuer as provided in the 9,849
bond proceedings. Any obligations may be signed by the person 9,850
who, on the date of execution, is the authorized signer although 9,851
on the date of such obligations such person was not the issuer. 9,852
217
In case the person whose signature or a facsimile of whose 9,853
signature appears on any obligation ceases to be the issuer 9,854
before delivery of the obligation, such signature or facsimile is 9,855
nevertheless valid and sufficient for all purposes as if the 9,856
individual person had remained the member until such delivery, 9,857
and in case the seal to be affixed to or printed on obligations 9,859
has been changed after the seal has been affixed to or a 9,860
facsimile of the seal has been printed on the obligations, that 9,861
seal or facsimile seal shall continue to be sufficient as to 9,862
those obligations and obligations issued in substitution or 9,863
exchange therefor.
(H) The obligations are negotiable instruments and 9,865
securities under Chapter 1308. of the Revised Code, subject to 9,866
the provisions of the bond proceedings as to registration. 9,867
Obligations may be issued in coupon or in fully registered form, 9,868
or both, as the issuer determines. Provision may be made for the 9,869
registration of any obligations with coupons attached as to 9,870
principal alone or as to both principal and interest, their 9,871
exchange for obligations so registered, and for the conversion or 9,872
reconversion into obligations with coupons attached of any 9,873
obligations registered as to both principal and interest, and for 9,874
reasonable charges for such registration, exchange, conversion, 9,875
and reconversion. Pending preparation of definitive obligations, 9,876
the issuer may issue interim receipts or certificates which shall 9,877
be exchanged for such definitive obligations. 9,878
(I) Obligations may be sold at public sale or at private 9,880
sale, and at such price at, above, or below par, as determined by 9,881
the issuer in the bond proceedings. 9,882
(J) In the discretion of the issuer, obligations may be 9,884
secured additionally by a trust agreement between the state and a 9,885
corporate trustee which may be any trust company or bank having 9,886
its principal place of business within the state. Any trust 9,887
agreement may contain the order authorizing the issuance of the 9,888
obligations, any provisions that may be contained in the bond 9,889
218
proceedings, and other provisions that are customary or 9,890
appropriate in an agreement of the type. 9,891
(K) Except to the extent that their rights are restricted 9,893
by the bond proceedings, any holder of obligations, or a trustee 9,894
under the bond proceedings, may by any suitable form of legal 9,895
proceedings protect and enforce any rights under the laws of this 9,896
state or granted by the bond proceedings. Such rights include 9,897
the right to compel the performance of all duties of the issuer 9,898
and the state. Each duty of the issuer and the issuer's 9,899
employees, and of each state agency and local public entity and 9,900
its officers, members, or employees, undertaken pursuant to the 9,901
bond proceedings, is hereby established as a duty of the issuer, 9,902
and of each such agency, local subdivision, officer, member, or 9,903
employee having authority to perform such duty, specifically 9,904
enjoined by the law and resulting from an office, trust, or 9,905
station within the meaning of section 2731.01 of the Revised 9,906
Code. The persons who are at the time the issuer, or the 9,907
issuer's employees, are not liable in their personal capacities 9,908
on any obligations or any agreements of or with the issuer 9,909
relating to obligations or under the bond proceedings. 9,910
(L) The issuer may authorize and issue obligations for the 9,912
refunding, including funding and retirement, and advance 9,913
refunding with or without payment or redemption prior to 9,914
maturity, of any obligations previously issued. Such refunding 9,915
obligations may be issued in amounts sufficient to pay or to 9,916
provide for payment of the principal amount, including principal 9,917
amounts maturing prior to the redemption of the remaining 9,918
obligations, any redemption premium, and interest accrued or to 9,919
accrue to the maturity or redemption date or dates, payable on 9,920
the refunded obligations, and related financing costs and any 9,921
expenses incurred or to be incurred in connection with such 9,922
issuance and refunding. Subject to the bond proceedings 9,923
therefor, the portion of the proceeds of the sale of refunding 9,924
obligations issued under this division to be applied to bond 9,925
219
service charges on the prior obligations shall be credited to an 9,926
appropriate separate account in the bond service fund and held in 9,927
trust for the purpose by the commissioners of the sinking fund or 9,928
by a corporate trustee. Obligations authorized under this 9,929
division shall be considered to be issued for those purposes for 9,930
which such prior obligations were issued, and, except as 9,931
otherwise provided in sections 164.09 to 164.12 of the Revised 9,932
Code are subject to the provisions of sections 164.09 to 164.12 9,933
of the Revised Code pertaining to other obligations. 9,934
(M) The issuer may authorize and issue obligations in the 9,936
form of bond anticipation notes and renew those notes from time 9,937
to time by the issuance of new notes. The holders of such notes 9,938
or appertaining interest coupons have the right to have bond 9,939
service charges on those notes paid solely from the moneys and 9,940
special funds that are or may be pledged to the payment of bond 9,941
service charges on those notes, including the proceeds of such 9,942
bonds or renewal notes, or both, as the issuer provides in the 9,943
bond proceedings authorizing the notes. Such notes may be 9,944
additionally secured by covenants of the issuer to the effect 9,945
that the issuer and the state will do any or all things necessary 9,947
for the issuance of bonds or renewal notes in appropriate amount, 9,948
and apply the proceeds thereof to the extent necessary, to make 9,949
full and timely payment of the principal of and interest on such 9,950
notes as provided in such bond proceedings. For such purposes, 9,951
the issuer may issue bonds or renewal notes in such principal 9,952
amount and upon such terms as may be necessary to provide moneys 9,953
to pay when due the principal of and interest on such notes. 9,954
Except as otherwise provided in sections 164.08 to 164.12 of the 9,955
Revised Code, notes authorized pursuant to this division are 9,956
subject to sections 164.08 to 164.12 of the Revised Code 9,957
pertaining to other obligations.
The issuer in the bond proceedings authorizing the issuance 9,959
of bond anticipation notes shall set forth for the bonds 9,960
anticipated by such notes an estimated schedule of annual 9,961
220
principal payments for such bonds over a period of thirty years 9,962
from the earlier of the date of issuance of the notes or the date 9,963
of original issuance of prior notes in anticipation of those 9,964
bonds. While the notes are outstanding there shall be deposited, 9,965
as shall be provided in the bond proceedings for those notes, 9,966
from the sources authorized for payment of bond service charges 9,967
on the bonds, amounts sufficient to pay the principal of the 9,968
bonds anticipated as set forth in that estimated schedule during 9,969
the time the notes are outstanding, which amounts shall be used 9,970
solely to pay the principal of those notes or of the bonds 9,971
anticipated. 9,972
(N) Refunding or renewal obligations issued pursuant to 9,974
division (L) or (M) of this section shall not be counted against 9,975
the limitations on principal amount provided for in divisions 9,977
(B)(1) and (2) of this section, and shall be in addition to the 9,978
amount authorized by the general assembly as provided for in 9,979
division (A) of this section, to the extent the principal amount 9,980
of those obligations does not exceed the then outstanding 9,981
principal amount of the obligations to be refunded, renewed, or 9,982
retired. For purposes of this section only, the principal amount 9,983
of an obligation issued to refund an outstanding obligation is 9,984
the amount on which interest or interest equivalent is initially 9,985
calculated and shall not be deemed to include any premium paid by 9,986
the initial purchaser of such obligation. 9,987
(O) Obligations are lawful investments for banks, 9,989
societies for savings, savings and loan associations, deposit 9,990
guarantee associations, trust companies, trustees, fiduciaries, 9,991
insurance companies, including domestic for life and domestic not 9,992
for life, trustees or other officers having charge of sinking and 9,993
bond retirement or other special funds of political subdivisions 9,994
and taxing districts of this state, the commissioners of the 9,995
sinking fund, the administrator of workers' compensation, the 9,996
state teachers retirement system, the public employees retirement 9,997
system, the school employees retirement system, and the police 9,998
221
and firemen's disability and pension fund, notwithstanding any 10,000
other provisions of the Revised Code or rules adopted pursuant 10,001
thereto by any state agency with respect to investments by them, 10,003
and are also acceptable as security for the deposit of public 10,004
moneys. 10,005
(P) Unless otherwise provided in any applicable bond 10,007
proceedings, moneys to the credit of or in the special funds 10,008
established by or pursuant to this section may be invested by or 10,009
on behalf of the issuer only in notes, bonds, or other direct 10,010
obligations of the United States or of any agency or 10,011
instrumentality of the United States, in obligations of this 10,013
state or any political subdivision of this state, in certificates 10,014
of deposit of any national bank located in this state and any 10,015
bank, as defined in section 1101.01 of the Revised Code, subject 10,016
to inspection by the superintendent of financial institutions, in 10,017
the Ohio subdivision's fund established pursuant to section 10,018
135.45 of the Revised Code, in no-front-end-load money market 10,019
mutual funds consisting exclusively of direct obligations of the 10,020
United States or of an agency or instrumentality of the United 10,021
States, and in repurchase agreements, including those issued by 10,023
any fiduciary, secured by direct obligations of the United States 10,024
or an agency or instrumentality of the United States, and in 10,026
collective investment funds established in accordance with 10,027
section 1111.14 of the Revised Code and consisting exclusively of 10,028
direct obligations of the United States or of an agency or 10,029
instrumentality of the United States, notwithstanding division 10,030
(A)(1)(c) of that section. The income from investments shall be 10,032
credited to such special funds or otherwise as the issuer 10,033
determines in the bond proceedings, and the investments may be 10,034
sold or exchanged at such times as the issuer determines or 10,035
authorizes.
(Q) Unless otherwise provided in any applicable bond 10,037
proceedings, moneys to the credit of or in a special fund shall 10,038
be disbursed on the order of the issuer, provided that no such 10,039
222
order is required for the payment from the bond service fund or 10,040
other special fund when due of bond service charges or required 10,041
payments under credit facilities. 10,042
(R) The issuer may covenant in the bond proceedings, and 10,044
any such covenants shall be controlling notwithstanding any other 10,045
provision of law, that the state and the applicable officers and 10,046
agencies of the state, including the general assembly, so long as 10,048
any obligations are outstanding in accordance with their terms, 10,049
shall maintain statutory authority for and cause to be charged
and collected taxes, excises, and other receipts of the state so 10,050
that the receipts to the bond service fund shall be sufficient in 10,051
amounts to meet bond service charges and for the establishment 10,052
and maintenance of any reserves and other requirements, including 10,053
payment of financing costs, provided for in the bond proceedings. 10,054
(S) The obligations, and the transfer of, and the interest 10,056
and other income from, including any profit made on the sale, 10,057
transfer, or other disposition of, the obligations shall at all 10,058
times be free from taxation, direct or indirect, within the 10,059
state. 10,060
(T) Unless a judicial action or proceeding challenging the 10,062
validity of obligations is commenced by personal service on the 10,063
treasurer of state prior to the initial delivery of an issue of 10,064
the obligations, the obligations of that issue and the bond 10,065
proceedings pertaining to that issue are incontestable and those 10,066
obligations shall be conclusively considered to be and to have 10,067
been issued, secured, payable, sold, executed, and delivered, and 10,068
the bond proceedings relating to them taken, in conformity with 10,069
law if all of the following apply to the obligations: 10,070
(1) They state that they are issued under the provisions 10,072
of this section and comply on their face with those provisions; 10,073
(2) They are issued within the limitations prescribed by 10,075
this section; 10,076
(3) Their purchase price has been paid in full; 10,078
(4) They state that all the bond proceedings were held in 10,080
223
compliance with law, which statement creates a conclusive 10,081
presumption that the bond proceedings were held in compliance 10,082
with all laws, including section 121.22 of the Revised Code, 10,083
where applicable, and rules. 10,084
Sec. 169.02. Subject to division (B) of section 169.01 of 10,093
the Revised Code, the following constitute unclaimed funds: 10,094
(A) Any demand, savings, or matured time deposit account, 10,096
or matured certificate of deposit, together with any interest or 10,097
dividend on it, less any lawful claims, which THAT is held or 10,098
owed by a holder which is a financial organization, unclaimed for 10,100
a period of five years; 10,101
(B) Any funds paid toward the purchase of withdrawable 10,103
shares or other interest in a financial organization, and any 10,104
interest or dividends on them, less any lawful claims, which THAT 10,106
is held or owed by a holder which is a financial organization, 10,107
unclaimed for a period of five years; 10,108
(C) Except as provided in division (A) of section 3903.45 10,110
of the Revised Code, moneys held or owed by a holder, including a 10,111
fraternal association, providing life insurance, including 10,112
annuity or endowment coverage, unclaimed for five years after 10,113
becoming payable as established from the records of such holder 10,114
under any life or endowment insurance policy or annuity contract 10,115
which THAT has matured or terminated. An insurance policy, the 10,116
proceeds of which are payable on the death of the insured, not 10,117
matured by proof of death of the insured is deemed matured and 10,118
the proceeds payable if such policy was in force when the insured 10,119
attained the limiting age under the mortality table on which the 10,120
reserve is based. 10,121
Moneys otherwise payable according to the records of such 10,123
holder are deemed payable although the policy or contract has not 10,124
been surrendered as required. 10,125
(D) Any deposit made to secure payment or any sum paid in 10,127
advance for utility services of a public utility and any amount 10,128
refundable from rates or charges collected by a public utility 10,129
224
for utility services held or owed by a holder, less any lawful 10,130
claims, that has remained unclaimed for five years after the 10,131
termination of the services for which the deposit or advance 10,132
payment was made or five years from the date the refund was 10,133
payable, whichever is earlier; 10,134
(E) Any EXCEPT AS PROVIDED IN DIVISION (R) OF THIS 10,136
SECTION, ANY certificates, securities as defined in section 10,137
1707.01 of the Revised Code, nonwithdrawable shares, other 10,138
instruments evidencing ownership, or rights to them or funds paid 10,139
toward the purchase of them, or any dividend, capital credit, 10,140
profit, distribution, interest, or payment on principal or other 10,141
sum, held or owed by a holder, including funds deposited with a 10,142
fiscal agent or fiduciary for payment of them, unclaimed for five 10,143
years, except, in the case of instruments representing an 10,144
ownership interest, unclaimed for seven years. 10,145
This division shall not prejudice the rights of fiscal 10,147
agents or fiduciaries for payment to return the items described 10,148
in this division to their principals, according to the terms of 10,149
an agency or fiduciary agreement, but such a return shall 10,150
constitute the principal as the holder of the items and shall not 10,151
interrupt the period for computing the time for which the items 10,152
have remained unclaimed. 10,153
In the case of any such funds accruing and held or owed by 10,155
a corporation under division (E) of section 1701.24 of the 10,156
Revised Code, such corporation shall comply with this chapter, 10,157
subject to the limitation contained in section 1701.34 of the 10,158
Revised Code. The period of time for which such funds have gone 10,159
unclaimed specified in section 1701.34 of the Revised Code shall 10,160
be computed, with respect to dividends or distributions, 10,161
commencing as of the dates when such dividends or distributions 10,162
would have been payable to the shareholder had such shareholder 10,163
surrendered his THE certificates for cancellation and exchange by 10,165
the date specified in the order relating to them. 10,166
Capital credits of a cooperative which after January 1, 10,168
225
1972, have been allocated to members and which by agreement are 10,169
expressly required to be paid if claimed after death of the owner 10,170
are deemed payable, for the purpose of this chapter, fifteen 10,171
years after either the termination of service by the cooperative 10,172
to the owner or upon the nonactivity as provided in division (B) 10,173
of section 169.01 of the Revised Code, whichever occurs later, 10,174
provided that this provision does not apply if the payment is not 10,175
mandatory. 10,176
(F) Any sum payable on certified checks or other written 10,178
instruments certified or issued and representing funds held or 10,179
owed by a holder, less any lawful claims, that are unclaimed for 10,180
five years, except, in the case of money orders which are not 10,181
third party bank checks, that are unclaimed for seven years, and 10,182
in the case of traveler's checks, that are unclaimed for fifteen 10,183
years, from the date payable, or from the date of issuance if 10,184
payable on demand. 10,185
As used in this division, "written instruments" include, 10,187
but are not limited to, certified checks, cashier's checks, bills 10,188
of exchange, letters of credit, drafts, money orders, and 10,189
traveler's checks. 10,190
If there is no address of record for the owner or other 10,192
person entitled to the funds, such address is presumed to be the 10,193
address where the instrument was certified or issued. 10,194
(G) All EXCEPT AS PROVIDED IN DIVISION (R) OF THIS 10,196
SECTION, ALL moneys, rights to moneys, or other intangible 10,197
property, arising out of the business of engaging in the purchase 10,198
or sale of securities, or otherwise dealing in intangibles, less 10,199
any lawful claims, which THAT are held or owed by a holder and 10,200
which are unclaimed for five years from the date of transaction. 10,201
(H) Except as provided in division (A) of section 3903.45 10,203
of the Revised Code, all moneys, rights to moneys, and other 10,204
intangible property distributable in the course of dissolution or 10,205
liquidation of a holder that are unclaimed for one year after the 10,206
date set by the holder for distribution; 10,207
226
(I) All moneys, rights to moneys, or other intangible 10,209
property removed from a safe-deposit box or other safekeeping 10,210
repository located in this state or removed from a safe-deposit 10,211
box or other safekeeping repository of a holder, on which the 10,212
lease or rental period has expired, or any amount arising from 10,213
the sale of such property, less any lawful claims, that are 10,214
unclaimed for five years from the date on which the lease or 10,215
rental period expired; 10,216
(J) Subject to division (M)(2) of this section, all 10,218
moneys, rights to moneys, or other intangible property, and any 10,219
income or increment on them, held or owed by a holder which is a 10,220
fiduciary for the benefit of another, or a fiduciary or custodian 10,221
of a qualified retirement plan or individual retirement 10,222
arrangement under section 401 or 408 of the Internal Revenue 10,223
Code, unclaimed for five years after the final date for 10,224
distribution; 10,225
(K) All moneys, rights to moneys, or other intangible 10,227
property held or owed in this state or held for or owed to an 10,228
owner whose last known address is within this state, by the 10,229
United States government or any state, as those terms are 10,230
described in division (E) of section 169.01 of the Revised Code, 10,231
unclaimed by the owner for five years, excluding any property in 10,232
the control of any court in a proceeding in which a final 10,233
adjudication has not been made; 10,234
(L) Amounts payable pursuant to the terms of any policy of 10,236
insurance, other than life insurance, or any refund available 10,237
under such a policy, held or owed by any holder, unclaimed for 10,238
five years from the date payable or distributable; 10,239
(M)(1) Subject to division (M)(2) of this section, any 10,241
funds constituting rents or lease payments due, any deposit made 10,242
to secure payment of rents or leases, or any sum paid in advance 10,243
for rents, leases, possible damage to property, unused services, 10,244
performance requirements, or any other purpose, held or owed by a 10,245
holder unclaimed for five years; 10,246
227
(2) Any escrow funds, security deposits, or other moneys 10,248
that are received by a licensed broker in a fiduciary capacity 10,249
and that, pursuant to division (A)(26) of section 4735.18 of the 10,250
Revised Code, are required to be deposited into and maintained in 10,251
a special or trust, noninterest-bearing bank account separate and 10,252
distinct from any personal or other account of the licensed 10,253
broker, held or owed by the licensed broker unclaimed for two 10,254
years. 10,255
(N) Any sum payable as wages, salaries, or commissions, 10,257
any sum payable for services rendered, funds owed or held as 10,258
royalties, oil and mineral proceeds, funds held for or owed to 10,259
suppliers, moneys owed under pension and profit-sharing plans, 10,260
and all other credits, held or owed by any holder unclaimed for 10,261
one year from date payable or distributable; 10,262
(O) Amounts held in respect of or represented by lay-aways 10,264
sold after January 1, 1972, less any lawful claims, when such 10,265
lay-aways are unclaimed for three years after the sale of them; 10,266
(P) All moneys, rights to moneys, and other intangible 10,268
property not otherwise constituted as unclaimed funds by this 10,269
section, including any income or increment on them, less any 10,270
lawful claims, which are held or owed by any holder, other than a 10,271
holder which holds a permit issued pursuant to Chapter 3769. of 10,272
the Revised Code, and which have remained unclaimed for five 10,273
years after becoming payable or distributable; 10,274
(Q) All moneys that arise out of a sale held pursuant to 10,276
section 5322.03 of the Revised Code, that are held by a holder 10,277
for delivery on demand to the appropriate person pursuant to 10,278
division (I) of that section, and that are unclaimed for two 10,279
years after the date of the sale. 10,280
(R)(1) ALL FUNDS, UNCLAIMED FOR A PERIOD OF FIVE YEARS, 10,282
CONSTITUTING DIVIDENDS, DISTRIBUTIONS, OR OTHER SUMS HELD OR OWED 10,283
BY A HOLDER IN CONNECTION WITH A SECURITY, INTANGIBLE PROPERTY, 10,284
OR ANY OTHER ROUTINE OR PERIODIC PAYMENT, PROVIDED: 10,285
(a) THE SECURITY OR INTANGIBLE PROPERTY REPRESENTS AN 10,287
228
OWNERSHIP INTEREST IN AN INVESTMENT COMPANY REGISTERED UNDER THE 10,288
"INVESTMENT COMPANY ACT OF 1940," 54 STAT. 789, 15 U.S.C. 80a-1, 10,290
AS AMENDED;
(b) ALL FUNDS PROVIDE FOR THE AUTOMATIC REINVESTMENT OF 10,292
THE DIVIDENDS, DISTRIBUTIONS, PAYMENTS, OR OTHER SUMS THAT ARE 10,293
UNCLAIMED FOR A PERIOD OF FIVE YEARS. 10,294
(2) THE FIVE-YEAR PERIOD UNDER DIVISION (R)(1) OF THIS 10,296
SECTION COMMENCES FROM THE DATE A SECOND SHAREHOLDER NOTIFICATION 10,297
OR COMMUNICATION MAILING TO THE OWNER OF THE FUNDS IS RETURNED TO 10,298
THE HOLDER AS UNDELIVERABLE BY THE UNITED STATES POSTAL SERVICE 10,299
OR OTHER CARRIER. THE NOTIFICATION OR COMMUNICATION MAILING BY 10,300
THE HOLDER SHALL BE NO LESS FREQUENT THAN QUARTERLY. 10,301
(3) AS USED IN DIVISION (R)(1) OF THIS SECTION, "SECURITY" 10,303
HAS THE SAME MEANING AS IN SECTION 1707.01 OF THE REVISED CODE. 10,304
All moneys in a personal allowance account, as defined by 10,306
rules adopted by the department of human services, up to and 10,307
including the maximum resource limitation, of a medicaid patient 10,308
who has died after receiving care in a long-term care facility, 10,309
and for whom there is no identifiable heir or sponsor, are not 10,310
subject to this chapter. 10,311
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 10,321
when requested, person which could be the holder of unclaimed 10,322
funds, under this chapter shall report to the director of 10,323
commerce with respect to the unclaimed funds as provided in this 10,324
section. The report shall be verified. 10,325
(2) With respect to items of unclaimed funds each having a 10,327
value of ten dollars or more, the report required under division 10,328
(A)(1) of this section shall include: 10,329
(a) The full name, if known, and last known address, if 10,331
any, of each person appearing from the records of the holder to 10,332
be the owner of unclaimed funds under this chapter; 10,333
(b) In the case of unclaimed funds reported by holders 10,335
providing life insurance coverage, the full name of the insured 10,336
or annuitant and beneficiary, if any, and their last known 10,337
229
addresses according to such holder's records; 10,338
(c) The nature and identifying number, if any, or 10,340
description of the funds and the amount appearing from the 10,341
records to be due; 10,342
(d) The date when the funds became payable, demandable, or 10,344
returnable and the date of the last transaction with the owner 10,345
with respect to the funds except with respect to each item of 10,346
unclaimed funds having a value of less than twenty-five dollars; 10,347
(e) Other information which the director prescribes as 10,349
necessary for the administration of this chapter. 10,350
(3) With respect to items of unclaimed funds each having a 10,352
value of less than ten dollars, the report required under 10,353
division (A)(1) of this section shall include: 10,354
(a) Each category of items of unclaimed funds as described 10,356
in section 169.02 of the Revised Code; 10,357
(b) The number of items of unclaimed funds within each 10,359
category; 10,360
(c) The aggregated value of the items of unclaimed funds 10,362
within each category. 10,363
(B) If the holder of unclaimed funds is a successor to 10,365
other organizations that previously held the funds for the owner, 10,366
or if the holder has changed its name while holding the funds, it 10,367
shall file with the report all prior known names and addresses 10,368
and date and state of incorporation or formation of each holder 10,369
of the funds. 10,370
(C) The report shall be filed before the first day of 10,372
November of each year as of the preceding thirtieth day of June, 10,373
but the report of holders providing life insurance coverage shall 10,374
be filed before the first day of May of each year as of the 10,375
preceding thirty-first day of December. The director may 10,376
postpone, for good cause shown, the reporting date upon written 10,377
request by any holder required to file a report. 10,378
(D) The holder of unclaimed funds under this chapter shall 10,380
send notice to each owner of each item of unclaimed funds having 10,381
230
a value of twenty-five dollars or more at the last known address 10,382
of the owner as shown by the records of the holder before filing 10,383
the annual report. In case of holders providing life insurance 10,384
coverage, such notice shall also be mailed to each beneficiary at 10,385
the last known address of such beneficiary as shown by the 10,386
records of such holder, except that such notice to beneficiaries 10,387
shall not be mailed if such address is the same as that of the 10,388
insured and the surname of the beneficiary is the same as that of 10,389
the insured. The holder shall not report an item of unclaimed 10,390
funds earlier than the thirtieth day after the mailing of notice 10,391
required by this division. 10,392
Such notice shall set forth the nature and identifying 10,394
number, if any, or description of the funds and the amount 10,395
appearing on the records of the holder to be due the owner, and 10,396
shall inform the owner that the funds will, thirty days after the 10,397
mailing of such notice, be reported as unclaimed funds under this 10,398
chapter. A self-addressed, stamped envelope shall be included 10,399
with the notice, with instructions that the owner may use such 10,400
envelope to inform the holder of his THE OWNER'S continued 10,401
interest in the funds and, if so informed before the date for 10,403
making the report to the director, the holder shall not report 10,404
said funds to the director. The notice shall be mailed by first 10,405
class mail. If there is no address of record for the owner or 10,406
other person entitled to the unclaimed funds, the holder is 10,407
relieved of any responsibility of sending notice, attempting to 10,408
notify, or notifying the owner. The mailing of notice pursuant 10,409
to this section shall discharge the holder from any further 10,410
responsibility to give notice. 10,411
(E) Verification of the report and of the mailing of 10,413
notice, where required, shall be executed by an officer of the 10,414
reporting holder. 10,415
(F) The director may at reasonable times and upon 10,417
reasonable notice examine or cause to be examined, by auditors of 10,418
supervisory departments or divisions of the state, the records of 10,419
231
any holder to determine compliance with this chapter. THE 10,421
DIRECTOR MAY ENTER INTO CONTRACTS, PURSUANT TO PROCEDURES 10,422
PRESCRIBED BY THE DIRECTOR, WITH PERSONS FOR THE SOLE PURPOSE OF 10,423
EXAMINING THE RECORDS OF HOLDERS, DETERMINING COMPLIANCE WITH 10,424
THIS CHAPTER, AND COLLECTING, TAKING POSSESSION OF, AND REMITTING 10,425
TO THE DEPARTMENT'S DIVISION OF UNCLAIMED FUNDS, IN A TIMELY 10,426
MANNER, THE AMOUNTS FOUND AND DEFINED AS UNCLAIMED. Holders 10,428
shall retain records, designated by the director as applicable to 10,429
unclaimed funds, for five years beyond the relevant time period 10,430
provided in section 169.02 of the Revised Code, or until 10,431
completion of an audit conducted pursuant to this division, 10,432
whichever occurs first. 10,433
Records audited pursuant to this division are confidential, 10,435
and shall not be disclosed except as required by section 169.06 10,436
of the Revised Code or as the director considers necessary in the 10,437
proper administration of this chapter. 10,438
(G) All holders shall make sufficient investigation of 10,440
their records to insure that the funds reported to the director 10,441
are unclaimed as set forth in division (B) of section 169.01 and 10,442
section 169.02 of the Revised Code. 10,443
(H) The expiration of any period of limitations on or 10,445
after March 1, 1968, within which a person entitled to any 10,446
moneys, rights to moneys, or intangible property could have 10,447
commenced an action or proceeding to obtain the same shall not 10,448
prevent such items from becoming unclaimed funds or relieve the 10,449
holder thereof of any duty to report and give notice as provided 10,450
in this section and deliver the same in the manner provided in 10,451
section 169.05 of the Revised Code, provided that the holder may 10,452
comply with the provisions of this section and section 169.05 of 10,453
the Revised Code with respect to any moneys, rights to moneys, or 10,454
intangible property as to which the applicable statute of 10,455
limitations has run prior to March 1, 1968, and in such event the 10,456
holder shall be entitled to the protective provisions of section 10,457
169.07 of the Revised Code. 10,458
232
Sec. 169.05. (A) Every holder required to file a report 10,468
under section 169.03 of the Revised Code shall, at the time of 10,469
filing, pay to the director of commerce ten per cent of the 10,470
aggregate amount of unclaimed funds as shown on such report, 10,471
except for aggregate amounts of fifty dollars or less in which 10,472
case one hundred per cent shall be paid. Such funds shall MAY be 10,474
deposited by the director in the state treasury to the credit of
the unclaimed funds trust fund, which is hereby created, OR 10,475
PLACED WITH A FINANCIAL ORGANIZATION. Any interest earned on 10,477
money in the trust fund shall be credited to the trust fund. The 10,478
remainder of such aggregate amount of unclaimed funds as shown on 10,479
such report, plus earnings accrued to date of payment to the 10,480
director, shall, at the option of the holder DIRECTOR, be 10,481
retained by the holder or placed with a financial organization, 10,482
or paid to the director for deposit as agent for the mortgage 10,483
funds with a financial organization as defined in section 169.01 10,484
of the Revised Code, such funds to be in income-bearing accounts 10,485
to the credit of the mortgage funds, or the holder may enter into 10,486
an agreement with the director specifying the obligations of the 10,487
United States in which funds are to be invested, and agree to pay 10,488
the interest on such obligations to the state. Holders retaining 10,489
such funds not in obligations of the United States shall enter 10,490
into an agreement with the director specifying the classification 10,491
of income-bearing account in which the funds will be held and pay 10,492
the state interest thereon at a rate equal to the prevailing 10,493
market rate for similar funds. Moneys which the holder has 10,494
elected IS REQUIRED to pay to the director rather than to retain 10,495
may be deposited with the treasurer of state, OR PLACED WITH A 10,497
FINANCIAL ORGANIZATION.
Securities and other intangible property transferred to the 10,499
director shall, within a reasonable time, be converted to cash 10,500
and the proceeds deposited as provided for other funds. 10,501
One-half of the funds evidenced by such agreements or in 10,503
such income-bearing accounts or on deposit with the treasurer of 10,504
233
state shall be allocated on the records of the director to the 10,505
mortgage insurance fund created by section 122.561 of the Revised 10,506
Code. Out of the remaining half, after allocation of sufficient 10,507
moneys to the minority business bonding fund to meet the 10,508
provisions of division (B) of this section, an equal amount shall 10,509
be allocated to the housing guarantee fund created by division 10,510
(D) of section 175.10 of the Revised Code and the housing 10,511
development fund created by division (C) of section 175.10 of the 10,512
Revised Code. 10,513
(B) The director shall serve as agent for the director of 10,515
development, and as agent for the Ohio housing finance agency, in 10,516
the making of deposits and withdrawals and maintenance of records 10,517
pertaining to the minority business bonding fund created by 10,518
section 122.88 of the Revised Code, the mortgage insurance fund, 10,519
the housing guarantee fund, and the housing development fund 10,520
created by division (C) of section 175.10 of the Revised Code. 10,521
Funds from the mortgage insurance fund shall be available to the 10,522
director of development when such funds are to be disbursed to 10,523
prevent or cure, or upon the occurrence of, a default of a 10,524
mortgage insured pursuant to section 122.451 of the Revised Code. 10,525
Funds from the housing guarantee fund shall be available to the 10,526
Ohio housing finance agency when such funds are to be disbursed 10,527
under a guarantee authorized by section 175.04 of the Revised 10,528
Code to satisfy a guaranteed mortgage which is in default. Funds 10,529
from the housing development fund shall be available to the Ohio 10,530
housing finance agency for the purposes of section 175.04 of the 10,531
Revised Code when it so requests. Funds from the minority 10,532
business bonding fund shall be available to the director of 10,533
development upon request for the purpose of paying obligations on 10,534
bonds written by the director pursuant to section 122.88 of the 10,535
Revised Code; except that, unless additional amounts are 10,536
authorized by the general assembly, the total maximum amount of 10,537
moneys that may be allocated to the minority business bonding 10,538
fund under this division is ten million dollars. 10,539
234
When such funds are to be so disbursed, the appropriate 10,541
agency shall call upon the director to transfer to it the 10,542
necessary funds. The director shall first withdraw the funds 10,543
paid to him by the holders and by him deposited with the 10,545
treasurer of state or in a financial institution as agent for 10,546
such funds. Whenever these funds are inadequate to meet the 10,547
request, he THE DIRECTOR shall provide for a withdrawal of funds, 10,549
within a reasonable time, in such amount as is necessary to meet 10,550
the request, from financial institutions in which such funds were 10,551
retained or placed by a holder and from other holders who have 10,552
retained funds, substantially pro rata to the dollar amount of 10,553
such funds held by each such holder IN AN EQUITABLE MANNER AS 10,554
PRESCRIBED BY THE DIRECTOR. In the event that the pro rata 10,556
amount to be withdrawn from any one such holder is less than five 10,557
hundred dollars, the amount to be withdrawn shall be at the
discretion of the director. The director shall then transfer to 10,558
the agency the amount of funds requested. 10,559
Funds which are deposited in the unclaimed funds trust fund 10,561
shall be subject to call by the director when necessary to pay 10,562
claims allowed by the director under section 169.08 of the 10,563
Revised Code, in accordance with the rules of the director, to 10,564
defray the necessary costs of making publications required by 10,565
this chapter, and to pay other operating and administrative 10,566
expenses incurred by the department of commerce in the 10,567
administration and enforcement of this chapter. 10,568
The unclaimed funds trust fund shall be assessed a 10,570
proportionate share of the administrative costs of the department 10,571
of commerce in accordance with procedures prescribed by the 10,572
director of commerce and approved by the director of budget and 10,573
management. Such assessment shall be paid from the unclaimed 10,574
funds trust fund to the division of administration fund. 10,575
(C) Earnings on the accounts in financial organizations to 10,577
the credit of the mortgage funds shall at the option of such a 10,578
financial organization be credited to such accounts at such times 10,579
235
and at such rates as earnings are paid on other accounts of the 10,580
same classification held in the financial organization or paid to 10,581
the director. The director shall be notified annually, and at 10,582
such other times as he THE DIRECTOR may request, of the amount of 10,584
such earnings credited to the accounts. Interest upon ON 10,585
unclaimed funds retained by a holder shall be paid to the 10,587
director or credited as specified in the agreement under which 10,588
the organization retains the funds. Interest payable to the 10,589
director under an agreement to invest unclaimed funds and 10,590
obligations of the United States shall be paid annually by such 10,591
holder to the director. Any earnings or interest received by the 10,592
director under this division shall be deposited in and credited 10,593
to the mortgage funds.
Sec. 169.08. (A) Any person claiming a property interest 10,602
in unclaimed funds delivered or reported to the state under 10,603
Chapter 169. of the Revised Code may file a claim thereto on the 10,604
form prescribed by the director of commerce. 10,605
(B) The director shall consider matters relevant to any 10,607
claim filed under division (A) of this section and shall hold a 10,608
formal hearing if requested or considered necessary and receive 10,609
evidence concerning such claim. A finding and decision in 10,610
writing on each claim filed shall be prepared, stating the 10,611
substance of any evidence received or heard and the reasons for 10,612
allowance or disallowance of the claim. The evidence and 10,613
decision shall be a public record. No statute of limitations 10,614
shall bar the allowance of a claim. 10,615
(C) For the purpose of conducting any hearing, the 10,617
director may require the attendance of such witnesses and the 10,618
production of such books, records, and papers as he THE DIRECTOR 10,619
desires, and he THE DIRECTOR may take the depositions of 10,621
witnesses residing within or without this state in the same 10,623
manner as is prescribed by law for the taking of depositions in 10,624
civil actions in the court of common pleas, and for that purpose 10,625
the director may issue a subpoena for any witness or a subpoena 10,626
236
duces tecum to compel the production of any books, records, or 10,627
papers, directed to the sheriff of the county where such witness 10,628
resides or is found, which shall be served and returned. The 10,629
fees and mileage of the sheriff and witnesses shall be the same 10,630
as that allowed in the court of common pleas in criminal cases. 10,631
Fees and mileage shall be paid from the unclaimed funds trust 10,632
fund.
(D) Interest is not payable to claimants of unclaimed 10,634
funds held by the state. Claims shall be paid from the trust 10,635
fund. If the amount available in the trust fund is not 10,636
sufficient to pay pending claims, or other amounts disbursable 10,637
from the trust fund, the treasurer of state shall certify such 10,638
fact to the director, who shall then withdraw such amount of 10,639
funds from the mortgage accounts as he THE DIRECTOR determines 10,640
necessary to reestablish the trust fund to a level required to 10,642
pay anticipated claims but not more than ten per cent of the net 10,643
unclaimed funds reported to date. 10,644
The director shall retain in the trust fund, as a fee for 10,646
administering the funds, five per cent of the total amount of 10,647
unclaimed funds payable to the claimant and may withdraw the 10,648
funds paid to the director by the holders and deposited by the 10,649
director with the treasurer of state or in a financial 10,650
institution as agent for such funds. Whenever these funds are 10,651
inadequate to meet the requirements for the trust fund, he THE 10,652
DIRECTOR shall provide for a withdrawal of funds, within a 10,654
reasonable time, in such amount as is necessary to meet the 10,655
requirements, from financial institutions in which such funds 10,656
were retained or placed by a holder and from other holders who 10,657
have retained funds, substantially pro rata to the dollar amount 10,658
of such funds held by each such holder IN AN EQUITABLE MANNER AS 10,659
PRESCRIBED BY THE DIRECTOR. In the event that the pro rata 10,660
amount to be withdrawn from any one such holder is less than five 10,661
hundred dollars, the amount to be withdrawn shall be at the 10,662
discretion of the director. Such funds may be reimbursed in the 10,663
237
amounts withdrawn when the trust fund has a surplus over the 10,664
amount required to pay anticipated claims. Whenever the trust 10,665
fund has a surplus over the amount required to pay anticipated 10,666
claims, the director may transfer such surplus to the mortgage 10,667
accounts. 10,668
(E) If a claim which is allowed under this section relates 10,670
to funds which have been retained by the reporting holder, and if 10,671
the funds, on deposit with the treasurer of state pursuant to 10,672
this chapter, are insufficient to pay claims, the director may 10,673
notify such holder in writing of the payment of the claim and 10,674
such holder shall immediately reimburse the state in the amount 10,675
of such claim. The reimbursement shall be credited to the 10,676
unclaimed funds trust fund. 10,677
(F) Any person adversely affected by a decision of the 10,679
director may appeal such decision in the manner provided in 10,680
Chapter 119. of the Revised Code. 10,681
In the event the claimant prevails, he THE CLAIMANT shall 10,683
be reimbursed for reasonable attorney's fees and costs. 10,685
(G) Notwithstanding anything to the contrary in this 10,687
chapter, any holder who has paid moneys to or entered into an 10,688
agreement with the director pursuant to section 169.05 of the 10,689
Revised Code on certified checks, cashiers' checks, bills of 10,690
exchange, letters of credit, drafts, money orders, or travelers' 10,691
checks, may make payment to any person entitled thereto, and upon 10,692
surrender of the document, except in the case of travelers' 10,693
checks, and proof of such payment, the director shall reimburse 10,694
the holder for such payment without interest. 10,695
Sec. 171.05. The compensation of all employees of the Ohio 10,704
retirement study council and other expenses of the council shall 10,707
be paid upon vouchers signed APPROVED by the director and the 10,708
chairperson of the council. 10,709
The public employees retirement system, the state teachers 10,711
retirement system, the school employees retirement system, the 10,712
state highway patrol retirement system, and the police and 10,713
238
firemen's disability and pension fund shall pay the annual 10,714
expenses of the Ohio retirement study council. The council shall 10,717
prepare and submit to the retirement boards on or before the 10,718
thirtieth day of June of each year an itemized estimate of the 10,719
amounts necessary to pay the expenses of the council during the 10,721
following year. Such expenses shall be charged to and paid by 10,722
each of the retirement systems in the same ratio as the assets of 10,723
each system, as of the preceding January first, bear to the total 10,724
assets of all five systems on that date.
The treasurer of state shall be the custodian of all funds 10,726
of the council. 10,727
Sec. 173.02. The department of aging shall adopt, and may 10,737
rescind, rules as necessary to carry out the provisions of 10,738
Chapter 173. OF THE REVISED CODE and may: 10,739
(A) Provide technical assistance and consultation to 10,741
public and private nonprofit agencies with respect to programs, 10,742
services, and activities for elderly people; 10,743
(B) Cooperate with federal agencies, other state agencies 10,745
or departments, and organizations to conduct studies and surveys 10,746
on the special problems of the aged in such matters as mental and 10,747
physical health, housing, transportation, family relationships, 10,748
employment, income, vocational rehabilitation, recreation, and 10,749
education; make such reports as are appropriate to the governor 10,750
and other federal and state agencies; and develop recommendations 10,751
for administrative or legislative action to alleviate such 10,752
problems; 10,753
(C) Develop and strengthen the services available for the 10,755
aging in the state by coordinating the existing services provided 10,756
by federal, state, and local departments and agencies, and 10,757
private agencies and facilities; 10,758
(D) Extend and expand services for the aged through 10,760
coordinating the interests and efforts of local communities in 10,761
studying the problems of the aged citizens of this state; 10,762
(E) Encourage, promote, and aid in the establishment of 10,764
239
programs and services on the local level for the betterment of 10,765
the living conditions of the aged by making it possible for the 10,766
aged to more fully enjoy and participate in family and community 10,767
life; 10,768
(F) Sponsor voluntary community rehabilitation and 10,770
recreational facilities for the purpose of improving the general 10,771
welfare of the elderly; 10,772
(G) Stimulate the training of workers in the field of 10,774
aging; 10,775
(H) Provide consultants to agencies, associations, or 10,777
individuals providing services supported by the department; 10,778
(I) Operate the residential facilities for housing older 10,780
persons at Worley Terrace in Columbus and Glendale Terrace in 10,781
Toledo, and provide PROVIDE support which shall include, but not 10,782
be limited to, financial support for the Martin Janis 10,783
multipurpose senior center in Columbus; 10,784
(J) Recommend methods of improving the effectiveness of 10,786
state services for elderly citizens; 10,787
(K) Adopt rules pursuant to Chapter 119. of the Revised 10,789
Code to request fees, if not prohibited by any federal or state 10,790
law, from persons using services or facilities for the elderly 10,791
that are provided, operated, contracted for, or supported by the 10,792
department, provided that requesting the fees will not disqualify 10,793
the department from receiving federal or state funds; 10,794
(L) Publish a description of the organization and 10,796
functions of the department so that all interested agencies and 10,797
individuals may receive information about, and be better able to 10,798
solicit assistance from, the department. 10,799
Sec. 175.041. THE OHIO HOUSING FINANCE AGENCY SHALL ADOPT 10,802
RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO GOVERN THE 10,805
PROCEDURES FOR FUNDING MULTIFAMILY HOUSING THAT IS PROPOSED TO BE 10,806
CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY 10,807
PROGRAM THE AGENCY OPERATES OR ADMINISTERS. THE RULES SHALL 10,808
INCLUDE ALL OF THE REQUIREMENTS OF THIS SECTION. 10,809
240
(A) THE AGENCY SHALL NOT APPROVE THE FUNDING FOR ANY 10,812
MULTIFAMILY HOUSING THAT IS TO BE CONSTRUCTED WITH THE ASSISTANCE 10,813
OF THE AGENCY OR PURSUANT TO ANY PROGRAM THE AGENCY OPERATES OR 10,814
ADMINISTERS UNLESS THE SPONSOR OF THE PROJECT HAS PROVIDED NOTICE 10,815
OF A PROPOSED PROJECT AS REQUIRED BY THIS SECTION. THE NOTICE 10,816
SHALL BE IN WRITING AND DELIVERED BY CERTIFIED MAIL, AND SHALL 10,817
INCLUDE THE PROJECT'S ADDRESS, THE NUMBER OF UNITS IN THE 10,818
PROJECT, A STATEMENT DESCRIBING THE NATURE OF THE PROJECT, A 10,819
STATEMENT SUMMARIZING THE PROGRAM UNDER WHICH THE HOUSING WOULD 10,820
BE CONSTRUCTED, AND THE ADDRESS OF THE OHIO HOUSING FINANCE 10,822
AGENCY AND THE PERSON AT THE AGENCY TO WHOM COMMENTS SHOULD BE 10,823
DIRECTED. THE NOTICE SHALL INFORM THE RECIPIENTS OF THEIR RIGHT 10,824
TO SUBMIT, WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE, COMMENTS 10,825
TO THE OHIO HOUSING FINANCE AGENCY REGARDING THE PROJECT'S IMPACT 10,827
ON THE COMMUNITY. PERSONS WHOSE APPROVAL OF THE PROJECT IS 10,828
REQUIRED FOR APPROVAL OF FUNDING, AS SPECIFIED IN DIVISION (B) OF 10,829
THIS SECTION, AND PERSONS TO WHOM THE AGENCY MUST RESPOND IN 10,830
WRITING, AS SPECIFIED IN DIVISION (C) OF THIS SECTION, SHALL BE 10,832
SO NOTIFIED AND INFORMED OF THE REQUIREMENT THAT SUCH APPROVAL OR 10,834
OBJECTION BE MADE IN WRITING AND SIGNED BY A MAJORITY OF THE 10,835
VOTING MEMBERS OF THE LEGISLATIVE BODY.
THE SPONSOR OF THE PROJECT SHALL PROVIDE THE NOTICE 10,837
REQUIRED BY THIS SECTION TO ALL OF THE FOLLOWING PERSONS: 10,838
(1) THE SANITARY ENGINEER OF ANY MUNICIPAL CORPORATION, 10,840
TOWNSHIP, OR COUNTY IN WHICH THE PROJECT WILL BE LOCATED; 10,841
(2) THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL DISTRICT 10,843
THAT WOULD SERVE THE PROJECT; 10,844
(3) THE DIRECTOR OF PUBLIC SAFETY OF ANY MUNICIPAL 10,846
CORPORATION, TOWNSHIP, OR COUNTY THAT WOULD SERVE THE PROJECT; 10,848
(4) ANY PLANNING COMMISSION OR REGIONAL PLANNING 10,850
COMMISSION THAT HAS AUTHORITY OVER THE AREA IN WHICH THE PROJECT 10,851
WILL BE LOCATED; 10,852
(5) THE MAYOR, MEMBERS OF THE ELECTED LEGISLATIVE BODY, 10,854
AND CLERK OF ANY MUNICIPAL CORPORATION IN WHICH THE PROJECT IS 10,856
241
LOCATED OR THAT IS WITHIN ONE-HALF MILE OF THE PROJECT'S 10,857
BOUNDARIES;
(6) THE MEMBERS OF THE BOARD OF TOWNSHIP TRUSTEES OF ANY 10,859
TOWNSHIP IN WHICH THE PROJECT IS LOCATED OR THAT IS WITHIN 10,860
ONE-HALF MILE OF THE PROJECT'S BOUNDARIES; 10,861
(7) THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF 10,863
ANY COUNTY IN WHICH THE PROJECT IS LOCATED OR THAT IS WITHIN 10,864
ONE-HALF MILE OF THE PROJECT'S BOUNDARIES. 10,865
(B) THE AGENCY SHALL NOT APPROVE FUNDING FOR THE 10,868
CONSTRUCTION OF ANY MULTIFAMILY HOUSING THAT IS PROPOSED TO BE 10,869
CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY 10,870
PROGRAM THE AGENCY OPERATES OR ADMINISTERS, UNLESS THE ELECTED 10,871
LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION, TOWNSHIP, OR 10,872
COUNTY THAT HAS JURISDICTION OVER THE AREA IN WHICH THE PROJECT 10,873
IS LOCATED HAS SUBMITTED A WRITING THAT INDICATES THE APPROVAL OF 10,874
THE PROJECT BY A MAJORITY OF THE VOTING MEMBERS OF THAT ELECTED 10,875
LEGISLATIVE BODY. 10,876
(C) THE AGENCY SHALL, PRIOR TO APPROVING THE FUNDING OR 10,879
CONSTRUCTION OF ANY MULTIFAMILY HOUSING THAT IS PROPOSED TO BE 10,880
CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY 10,881
PROGRAM THE AGENCY OPERATES OR ADMINISTERS, PROVIDE A WRITTEN 10,882
RESPONSE TO ANY COMMENTS IT RECEIVES THAT WERE SUBMITTED PURSUANT 10,883
TO DIVISION (A) OF THIS SECTION, SIGNED BY A MAJORITY OF THE 10,885
MEMBERS OF THE ELECTED LEGISLATIVE BODY OF ANY MUNICIPAL 10,886
CORPORATION, TOWNSHIP, OR COUNTY WITHIN ONE-HALF MILE OF THE 10,887
PROJECT'S BOUNDARIES, AND THAT EXPRESS AN OBJECTION TO THE 10,888
PROJECT AND DISAPPROVAL OF THE PROVISION OF FUNDING TO THE 10,889
PROJECT BY THE OHIO HOUSING FINANCE AGENCY. 10,891
(D) A PUBLIC HEARING SHALL BE HELD TO SOLICIT AND RECEIVE 10,894
COMMENTS OF RESIDENTS OF THE MUNICIPAL CORPORATIONS, TOWNSHIPS, 10,895
AND COUNTIES FOR WHICH ANY MULTIFAMILY HOUSING PROJECT WILL BE 10,896
LOCATED THAT WILL BE CONSTRUCTED WITH THE ASSISTANCE OF THE 10,897
MULTIFAMILY BOND PROGRAM. NOTICE OF THE PUBLIC HEARING SHALL BE 10,898
PROVIDED TO ALL PERSONS LISTED IN DIVISION (A) OF THIS SECTION 10,900
242
AND BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH 10,901
COUNTY IN WHICH THE PROJECT WILL BE LOCATED. THE PUBLIC HEARING 10,902
SHALL BE HELD IN THE COUNTY IN WHICH THE PROJECT WILL BE LOCATED. 10,903
Sec. 175.21. (A) The low- and moderate-income housing 10,913
trust fund is hereby created in the state treasury. The fund 10,914
shall consist of all appropriations, grants, gifts, loan 10,915
repayments, and contributions of money made from any source to 10,916
the department of development for the fund. All investment 10,917
earnings of the fund shall be credited to the fund. The director 10,918
of development shall allocate a portion of the money in the fund 10,919
to an account of the Ohio housing finance agency. The department 10,920
shall administer the fund. The agency shall use money allocated 10,921
to it in the fund for implementing and administering its programs 10,922
and duties under sections 175.22 and 175.24 of the Revised Code, 10,923
and the department shall use the remaining money in the fund for 10,924
implementing and administering its programs and duties under 10,925
sections 175.22 to 175.25 of the Revised Code. Use of all money 10,926
in the fund is subject to the following restrictions: forty-five 10,927
per cent of the money in the fund shall be used to make grants 10,928
and loans to nonprofit organizations under section 175.22 of the 10,929
Revised Code, not less than thirty-five per cent of the money in 10,930
the fund shall be used to make grants and loans for activities 10,931
that will provide housing and housing assistance to families and 10,932
individuals in rural areas and small cities that would be 10,933
eligible to participate in the small cities program of the 10,934
community development and block grant program under sections 10,935
570.420 to 570.438 of the Code of Federal Regulations, and no 10,936
more than five per cent of the money in the fund shall be used 10,937
for administration, AND NO MONEY IN THE FUND SHALL BE USED TO PAY 10,938
FOR ANY LEGAL SERVICES OTHER THAN THE USUAL AND CUSTOMARY LEGAL 10,939
SERVICES ASSOCIATED WITH THE ACQUISITION OF HOUSING. Except as 10,940
otherwise provided by the director under division (B) of this 10,943
section, money in the fund may be used as matching money for 10,944
federal funds received by the state, counties, municipal 10,945
243
corporations, and townships for the activities listed in section 10,946
175.22 of the Revised Code.
(B) If after the second quarter of any year it appears to 10,948
the director that the full amount of the money in the low- and 10,949
moderate-income housing trust fund designated in that year for 10,950
activities that will provide housing and housing assistance to 10,951
families and individuals in rural areas and small cities under 10,952
division (A) of this section will not be so used, the director 10,953
may reallocate all or a portion of that amount for other housing 10,954
activities. In determining whether or how to reallocate money 10,955
under this division, the director may consult with and shall 10,956
receive advice from the housing trust fund advisory committee. 10,957
Sec. 177.011. THERE IS HEREBY CREATED IN THE STATE 10,959
TREASURY THE ORGANIZED CRIME COMMISSION FUND. THE FUND SHALL 10,960
CONSIST OF MONEYS PAID TO THE TREASURER OF STATE PURSUANT TO THE 10,961
JUDGMENT OF A COURT IN A CRIMINAL CASE AS REIMBURSEMENT OF 10,962
EXPENSES THAT THE ORGANIZED CRIME INVESTIGATIONS COMMISSION OR AN 10,963
ORGANIZED CRIME TASK FORCE ESTABLISHED BY THE COMMISSION INCURRED 10,964
IN THE INVESTIGATION OF THE CRIMINAL ACTIVITY UPON WHICH THE 10,965
PROSECUTION OF THE CRIMINAL CASE WAS BASED. ALL INVESTMENT 10,966
EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. 10,967
THE ORGANIZED CRIME INVESTIGATIONS COMMISSION SHALL USE THE 10,968
MONEYS IN THE FUND TO REIMBURSE POLITICAL SUBDIVISIONS FOR THE 10,969
EXPENSES THE POLITICAL SUBDIVISIONS INCUR WHEN THEIR LAW 10,970
ENFORCEMENT OFFICERS PARTICIPATE IN AN ORGANIZED CRIME TASK
FORCE. 10,971
Sec. 181.52. (A) There is hereby created an office of 10,980
criminal justice services. The governor shall appoint a director 10,981
of the office of criminal justice services, and the director may 10,982
appoint, within the office, any professional and technical 10,983
personnel and other employees that are necessary to enable the 10,984
office to comply with sections 181.51 to 181.56 of the Revised 10,985
Code. The director and the assistant director of the office, and 10,986
all professional and technical personnel employed within the 10,987
244
office who are not public employees as defined in section 4117.01 10,988
of the Revised Code, shall be in the unclassified civil service, 10,989
and all other persons employed within the office shall be in the 10,990
classified civil service. The director may enter into any 10,991
contracts, except contracts governed by Chapter 4117. of the 10,992
Revised Code, that are necessary for the operation of the office 10,993
of criminal justice services. 10,994
(B) Subject to division (D) of this section AND SUBJECT TO 10,996
DIVISIONS (D) TO (F) OF SECTION 5120.09 OF THE REVISED CODE 10,997
INSOFAR AS THOSE DIVISIONS RELATE TO FEDERAL CRIMINAL JUSTICE 10,998
ACTS THAT THE GOVERNOR REQUIRES THE DEPARTMENT OF REHABILITATION 10,999
AND CORRECTION TO ADMINISTER, the office of criminal justice 11,001
services shall DO ALL OF THE FOLLOWING:
(1) Serve as the state criminal justice services agency 11,003
and perform criminal and juvenile justice system planning in the 11,004
state, including any planning that is required by any federal 11,005
law; 11,006
(2) Collect, analyze, and correlate information and data 11,008
concerning the criminal and juvenile justice systems in the 11,009
state; 11,010
(3) Cooperate with and provide technical assistance to 11,012
state departments, administrative planning districts, 11,013
metropolitan county criminal justice services agencies, criminal 11,014
justice coordinating councils, agencies, offices, and departments 11,015
of the criminal and juvenile justice systems in the state, and 11,016
other appropriate organizations and persons; 11,017
(4) Encourage and assist agencies, offices, and 11,019
departments of the criminal and juvenile justice systems in the 11,020
state and other appropriate organizations and persons to solve 11,021
problems that relate to the duties of the office; 11,022
(5) Administer within the state any federal criminal 11,024
justice acts or juvenile justice acts that the governor requires 11,025
it to administer; 11,026
(6) Implement the state comprehensive plans; 11,028
245
(7) Audit grant activities of agencies, offices, 11,030
organizations, and persons that are financed in whole or in part 11,031
by funds granted through the office; 11,032
(8) Monitor or evaluate the performance of criminal and 11,034
juvenile justice systems projects and programs in the state that 11,035
are financed in whole or in part by funds granted through the 11,036
office; 11,037
(9) Apply for, allocate, disburse, and account for grants 11,039
that are made available pursuant to federal criminal justice acts 11,040
or juvenile justice acts, or made available from other federal, 11,041
state, or private sources, to improve the criminal and juvenile 11,042
justice systems in the state; 11,043
(10) Contract with federal, state, and local agencies, 11,045
foundations, corporations, businesses, and persons when necessary 11,046
to carry out the duties of the office; 11,047
(11) Oversee the activities of metropolitan county 11,049
criminal justice services agencies, administrative planning 11,050
districts, and criminal justice coordinating councils in the 11,051
state; 11,052
(12) Advise the general assembly and governor on 11,054
legislation and other significant matters that pertain to the 11,055
improvement and reform of criminal and juvenile justice systems 11,056
in the state; 11,057
(13) Prepare and recommend legislation to the general 11,059
assembly and governor for the improvement of the criminal and 11,060
juvenile justice systems in the state; 11,061
(14) Assist, advise, and make any reports that are 11,063
requested or required by the governor, attorney general, or 11,064
general assembly; 11,065
(15) Adopt rules pursuant to Chapter 119. of the Revised 11,067
Code. 11,068
(C) Division (B) of this section does not limit, and shall 11,070
not be construed as limiting, the discretion or authority of the 11,071
attorney general with respect to crime victim assistance and 11,072
246
criminal justice programs. 11,073
(D) Nothing in this section is intended to diminish or 11,075
alter the status of the office of the attorney general as a 11,076
criminal justice services agency. 11,077
Sec. 307.86. Anything to be purchased, leased, leased with 11,086
an option or agreement to purchase, or constructed, including, 11,087
but not limited to, any product, structure, construction, 11,088
reconstruction, improvement, maintenance, repair, or service, 11,089
except the services of an accountant, architect, attorney at law, 11,090
physician, professional engineer, construction project manager, 11,091
consultant, surveyor, or appraiser by or on behalf of the county 11,092
or contracting authority, as defined in section 307.92 of the 11,093
Revised Code, at a cost in excess of fifteen thousand dollars, 11,094
except as otherwise provided in division (D) of section 713.23 11,095
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 11,096
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 11,097
5713.01, and 6137.05 of the Revised Code, shall be obtained 11,098
through competitive bidding. However, competitive bidding is not 11,099
required when: 11,100
(A) The board of county commissioners, by a unanimous vote 11,102
of its members, makes a determination that a real and present 11,103
emergency exists and such determination and the reasons therefor 11,104
are entered in the minutes of the proceedings of the board, when: 11,105
(1) The estimated cost is less than fifty thousand 11,107
dollars; or 11,108
(2) There is actual physical disaster to structures, radio 11,110
communications equipment, or computers. 11,111
Whenever a contract of purchase, lease, or construction is 11,113
exempted from competitive bidding under division (A)(1) of this 11,114
section because the estimated cost is less than fifty thousand 11,115
dollars, but the estimated cost is fifteen thousand dollars or 11,116
more, the county or contracting authority shall solicit informal 11,117
estimates from no fewer than three persons who could perform the 11,118
contract, before awarding the contract. With regard to each such 11,119
247
contract, the county or contracting authority shall maintain a 11,120
record of such estimates, including the name of each person from 11,121
whom an estimate is solicited, for no less than one year after 11,122
the contract is awarded. 11,123
(B) The purchase consists of supplies or a replacement or 11,125
supplemental part or parts for a product or equipment owned or 11,126
leased by the county and the only source of supply for such 11,127
supplies, part, or parts is limited to a single supplier. 11,128
(C) The purchase is from the federal government, state, 11,130
another county or contracting authority thereof, a board of 11,131
education, township, or municipal corporation. 11,132
(D) Public social services are purchased for provision by 11,134
the county department of human services under section 329.04 of 11,135
the Revised Code or program services, such as direct and 11,136
ancillary client services, child day-care, case management 11,137
services, residential services, and family resource services, are 11,138
purchased for provision by a county board of mental retardation 11,139
and developmental disabilities under section 5126.05 of the 11,140
Revised Code. 11,141
(E) The purchase consists of human and social services by 11,143
the board of county commissioners from nonprofit corporations or 11,144
associations under programs which are funded entirely by the 11,145
federal government. 11,146
(F) The purchase consists of any form of an insurance 11,148
policy or contract authorized to be issued under Title XXXIX of 11,149
the Revised Code or any form of health care contract or plan 11,150
authorized to be issued under Chapter 1736., 1737., 1740., or 11,151
1742. of the Revised Code, or any combination of such policies, 11,152
contracts, or plans that the contracting authority is authorized 11,153
to purchase, and the contracting authority does all of the 11,154
following: 11,155
(1) Determines that compliance with the requirements of 11,157
this section would increase, rather than decrease, the cost of 11,158
such purchase; 11,159
248
(2) Employs a competent consultant to assist the 11,161
contracting authority in procuring appropriate coverages at the 11,162
best and lowest prices; 11,163
(3) Requests issuers of such policies, contracts, or plans 11,165
to submit proposals to the contracting authority, in a form 11,166
prescribed by the contracting authority, setting forth the 11,167
coverage and cost of such policies, contracts, or plans as the 11,168
contracting authority desires to purchase; 11,169
(4) Negotiates with such issuers for the purpose of 11,171
purchasing such policies, contracts, or plans at the best and 11,172
lowest price reasonably possible. 11,173
(G) The purchase consists of computer hardware, software, 11,175
or consulting services that are necessary to implement a 11,176
computerized case management automation project administered by 11,177
the Ohio prosecuting attorneys association and funded by a grant 11,178
from the federal government. 11,179
(H) Child day-care services are purchased for provision to 11,181
county employees. 11,182
(I)(1) Property, including land, buildings, and other real 11,184
property, is leased for offices, storage, parking, or other 11,185
purposes and all of the following apply: 11,186
(a) The contracting authority is authorized by the Revised 11,188
Code to lease the property; 11,189
(b) The contracting authority develops requests for 11,191
proposals for leasing the property, specifying the criteria that 11,192
will be considered prior to leasing the property, including the 11,193
desired size and geographic location of the property; 11,194
(c) The contracting authority receives responses from 11,196
prospective lessors with property meeting the criteria specified 11,197
in the requests for proposals by giving notice in a manner 11,198
substantially similar to the procedures established for giving 11,199
notice under section 307.87 of the Revised Code; 11,200
(d) The contracting authority negotiates with the 11,202
prospective lessors to obtain a lease at the best and lowest 11,203
249
price reasonably possible considering the fair market value of 11,204
the property and any relocation and operational costs that may be 11,205
incurred during the period the lease is in effect. 11,207
(2) The contracting authority may use the services of a 11,209
real estate appraiser to obtain advice, consultations, or other 11,210
recommendations regarding the lease of property under this 11,211
division. 11,212
(J) THE PURCHASE IS MADE PURSUANT TO SECTION 5139.34 OR 11,214
SECTIONS 5139.41 TO 5139.46 OF THE REVISED CODE AND IS OF 11,215
PROGRAMS OR SERVICES THAT PROVIDE CASE MANAGEMENT, TREATMENT, OR 11,216
PREVENTION SERVICES TO ANY FELONY OR MISDEMEANANT DELINQUENT, 11,217
UNRULY YOUTH, OR STATUS OFFENDER UNDER THE SUPERVISION OF THE
JUVENILE COURT, INCLUDING, BUT NOT LIMITED TO, SUCH SERVICES AS 11,218
COMMUNITY RESIDENTIAL CARE, DAY TREATMENT, SERVICES TO CHILDREN 11,219
IN THEIR HOME, OR ELECTRONIC MONITORING. 11,220
Any issuer of policies, contracts, or plans listed in 11,222
division (F) of this section and any prospective lessor under 11,223
division (I) of this section may have his THE ISSUER'S OR 11,224
PROSPECTIVE CONTRACTOR'S name and address, or the name and 11,225
address of an agent, placed on a special notification list to be 11,227
kept by the contracting authority, by sending the contracting 11,228
authority such name and address. The contracting authority shall 11,229
send notice to all persons listed on the special notification 11,230
list. Notices shall state the deadline and place for submitting 11,231
proposals. The contracting authority shall mail the notices at 11,232
least six weeks prior to the deadline set by the contracting 11,233
authority for submitting such proposals. Every five years the 11,234
contracting authority may review this list and remove any person 11,235
from the list after mailing the person notification of such 11,236
action.
Any contracting authority that negotiates a contract under 11,238
division (F) of this section shall request proposals and 11,239
renegotiate with issuers in accordance with that division at 11,240
least every three years from the date of the signing of such a 11,241
250
contract. 11,242
Any consultant employed pursuant to division (F) of this 11,244
section and any real estate appraiser employed pursuant to 11,245
division (I) of this section shall disclose any fees or 11,246
compensation received from any source in connection with that 11,247
employment.
Sec. 321.46. (A) To enhance the background and working 11,257
knowledge of county treasurers in governmental accounting, 11,258
portfolio reporting and compliance, investments, and cash 11,259
management, the auditor of state and the treasurer of state shall 11,260
conduct education programs for persons elected for the first time 11,261
to the office of county treasurer and shall hold annual 11,262
continuing education programs for persons who continue to hold 11,263
the office of county treasurer. Education programs for newly 11,264
elected county treasurers shall be held between the first day of 11,265
December and the first Monday of September next following that 11,266
person's election to the office of county treasurer. Similar 11,267
initial training may also be provided to any county treasurer who 11,268
is appointed to fill a vacancy or who is elected at a special 11,269
election.
(B)(1) The auditor of state shall determine the manner and 11,271
content of the education programs in the subject areas of 11,273
governmental accounting and portfolio reporting and compliance. 11,274
In those areas, newly elected county treasurers shall be required 11,275
to take at least thirteen hours of education before taking 11,276
office.
(2) The treasurer of state shall determine the manner and 11,278
content of the education programs in the subject areas of 11,279
investments and cash management. In those areas, newly elected 11,280
county treasurers shall be required to take at least thirteen 11,281
hours of education before taking office. 11,282
(3) After completing one year in office, a county 11,284
treasurer shall be required to take not less than twelve hours 11,285
annually of continuing education. The treasurer of state shall 11,286
251
determine the manner and content of the education programs in the 11,287
subject areas of investments, cash management, the collection of 11,288
taxes, ethics, and any other subject area that the treasurer of
state determines is reasonably related to the duties of the 11,289
office of the county treasurer. The auditor of state shall 11,291
determine the manner and content of the education programs in the 11,292
subject areas of governmental accounting, portfolio reporting and 11,293
compliance, office management, and any other subject area that
the auditor of state determines is reasonably related to the 11,294
duties of the office of the county treasurer. 11,295
(C) The auditor of state and the treasurer of state may 11,298
EACH charge counties a registration fee that will meet actual and 11,299
necessary expenses of the training of county treasurers, 11,300
including instructor fees, site acquisition costs, and the cost 11,301
of course materials. The necessary personal expenses of county 11,302
treasurers as a result of attending the training programs shall 11,303
be borne by the counties the treasurers represent. 11,304
(D) The auditor of state and the treasurer of state may 11,307
allow any other interested person to attend any of the education 11,308
programs that are held pursuant to this section, provided that 11,309
before attending any such education program, the interested 11,310
person shall pay to either the auditor of state or the treasurer 11,311
of state, AS APPROPRIATE, the full registration fee set for the 11,313
education program.
(E) A county treasurer who fails to complete the initial 11,316
or continuing education programs required by this section without 11,317
a valid health-related excuse or other special hardship shall be
restricted to investing in the Ohio subdivision's fund pursuant 11,318
to division (A)(6) of section 135.35 of the Revised Code or in 11,320
time certificate of deposits or deposit accounts pursuant to
division (A)(3) of section 135.35 of the Revised Code. A county 11,321
treasurer who has failed to complete the initial or continuing 11,322
education programs and invests in other than the investments 11,323
permitted by this division shall be subject to removal from 11,324
252
office upon complaint and investigation by the county prosecuting 11,325
attorney, a hearing, and a resolution adopted by the board of 11,326
county commissioners approving the removal from office. 11,327
(F)(1) There is hereby created in the state treasury the 11,330
county treasurer education fund, to be used by the auditor of 11,331
state and the treasurer of state for the actual and necessary 11,332
expenses of any education programs held pursuant to this section. 11,333
All registration fees collected BY THE TREASURER OF STATE under 11,334
this section shall be paid into the THAT fund. 11,335
(2) ALL REGISTRATION FEES COLLECTED BY THE AUDITOR OF 11,337
STATE UNDER THIS SECTION SHALL BE PAID INTO THE AUDITOR OF STATE 11,338
TRAINING PROGRAM FUND ESTABLISHED UNDER SECTION 117.44 OF THE 11,339
REVISED CODE.
(G) The treasurer of state, with the advice and consent of 11,342
the auditor of state, may adopt reasonable rules not inconsistent 11,343
with this section for the implementation of this section. 11,344
Sec. 329.04. (A) The county department of human services 11,353
shall have, exercise, and perform, under the control and 11,354
direction of the board of county commissioners, the following 11,355
powers and duties: 11,356
(A) To be (1) BE the "county administration" for all 11,358
purposes of Chapter 5107. of the Revised Code; 11,359
(B)(1) To perform (2) PERFORM any duties assigned by the 11,362
department of human services regarding the provision of public
social services, including the provision of services authorized 11,363
under Title IV-A and Title XX of the "Social Security Act," 49 11,364
Stat. 620 (1935), 42 U.S.C. 301, as amended, to prevent or reduce 11,365
economic or personal dependency and to strengthen family life, 11,366
or, if the county department is designated as the child support 11,367
enforcement agency under section 2301.35 of the Revised Code, to 11,368
perform or contract with other government agencies to perform 11,369
services authorized under Title IV-D of the "Social Security 11,370
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended.; 11,371
(2) The county department of human services shall, in the 11,373
253
development of the county plan for the administration of public 11,374
social services under Title XX of the "Social Security Act," 88 11,375
Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following: 11,376
(a) Consider the comments and recommendations made during 11,378
local public hearings held under section 329.07 of the Revised 11,379
Code; 11,380
(b) Prepare a local needs report analyzing local need for 11,382
Title XX services in compliance with the guidelines developed by 11,383
the department of human services pursuant to section 5101.461 of 11,384
the Revised Code. The county department of human services shall 11,385
consider the local needs report in the development of the county 11,386
Title XX plan. 11,387
The plan shall list the services for which descriptions are 11,389
established under division (D)(4) of section 5101.46 of the 11,390
Revised Code that will be provided by the county with Title XX 11,391
funds and the eligibility categories listed under divisions 11,392
(E)(1), (2), and (3) of section 5101.46 of the Revised Code that 11,393
will be provided with each of these services. 11,394
(3) The county department, upon approval of the 11,396
comprehensive social services program plan by the general 11,397
assembly under section 5101.461 of the Revised Code and prior to 11,398
the effective date of the plan, shall take steps necessary to 11,399
ensure the efficient administration of public social services 11,400
under the plan, including the negotiation of contracts with 11,401
providers of services and the performance of other duties 11,402
assigned to it by the department of human services. 11,403
(C) To administer ADMINISTER disability assistance under 11,405
Chapter 5115. of the Revised Code as required by the state 11,406
department of human services; 11,407
(D) To administer (4) ADMINISTER burials insofar as the 11,410
administration of burials was, prior to September 12, 1947,
imposed upon the board OF COUNTY COMMISSIONERS AND IF OTHERWISE 11,411
REQUIRED BY STATE LAW; 11,412
(E) To cooperate (5) COOPERATE with state and federal 11,414
254
authorities in any matter relating to human services and to act 11,415
as the agent of such authorities; 11,416
(F) To submit (6) SUBMIT an annual account of its work 11,419
and expenses to the board OF COUNTY COMMISSIONERS and to the
department of human services at the close of each fiscal year; 11,420
(G) To exercise (7) EXERCISE any powers and duties 11,422
relating to human services imposed upon the county department of 11,423
human services by law, by resolution of the board of county 11,424
commissioners, or by order of the governor, when authorized by 11,425
law, to meet emergencies during war or peace. The board may 11,426
designate the county department of human services to exercise and 11,427
perform any additional human services powers and duties which the 11,428
board has.
(H) To determine; 11,430
(8) DETERMINE the eligibility for medical assistance of 11,432
recipients of aid under Title XVI of the "Social Security Act," 11,433
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 11,434
(I)(9) If the county department is designated as the child 11,436
support enforcement agency under section 2301.35 of the Revised 11,437
Code, to operate the agency in accordance with sections 2301.34 11,438
to 2301.44 of the Revised Code. 11,439
(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN 11,442
SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE 11,443
CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE 11,444
BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF 11,445
THE BOARD REGARDING HUMAN SERVICES.
Sec. 329.06. The board of county commissioners shall 11,455
appoint a county welfare advisory board HUMAN SERVICES PLANNING 11,457
COMMITTEE. The board shall have not less than nine nor more than 11,458
seventeen members, the majority of whom shall be consumers of 11,459
services offered by the county department of human services or by 11,460
nonprofit private or public agencies under contract with the 11,461
department, or representatives of such consumers. One member 11,462
shall be the juvenile judge, or his designee. At least one 11,463
255
member shall be a representative, other than an employee, of a 11,464
nonpublic agency providing health or social services in the 11,465
county, two shall be members of the county children services 11,466
board in counties where there is such a board, and at least one 11,467
shall be a social worker. At least one member shall be over 11,468
sixty years of age. The members from the county children 11,469
services board shall be appointed by the county children services 11,470
board and the other members, excluding the juvenile judge or his 11,471
designee, shall be appointed by the board of county
commissioners. The terms of office of all members except the 11,472
juvenile judge or his designee shall be for three years. The 11,473
executive directors of the board of alcohol, drug addiction, and 11,474
mental health services and the county children services board and 11,475
the superintendent of the county board of mental retardation and 11,476
developmental disabilities shall be ex officio nonvoting members 11,477
of the board. 11,478
The board of county commissioners shall remove from 11,480
membership on the county welfare advisory board any person having 11,481
three consecutive unexcused absences from regular meetings, as 11,482
"unexcused absences" are defined by the advisory board. 11,483
Each person appointed shall serve until his successor is 11,485
appointed and qualified. Any vacancy shall be filled for the 11,486
unexpired term in the same manner as an original appointment. 11,487
Members of the county welfare advisory board shall serve as such 11,488
without compensation, except that they shall receive 11,489
reimbursement for necessary and actual expenses incurred in the 11,490
performance of their duties. THE BOARD OF COUNTY COMMISSIONERS 11,492
SHALL DETERMINE THE COMMITTEE'S MEMBERSHIP. THE MEMBERSHIP SHALL 11,493
BE BROADLY REPRESENTATIVE OF PUBLIC AGENCIES SERVING THE COUNTY, 11,494
INCLUDING THE COUNTY DEPARTMENT OF HUMAN SERVICES; THE COUNTY 11,495
BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; THE 11,496
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; 11,497
BOARDS OF HEALTH; BOARDS OF EDUCATION; AND ANY OTHER PUBLIC 11,498
AGENCIES CONSIDERED APPROPRIATE BY THE BOARD OF COUNTY 11,499
256
COMMISSIONERS. THE MEMBERSHIP SHALL ALSO BE BROADLY 11,500
REPRESENTATIVE OF PRIVATE ENTITIES THAT SERVE OR ADVOCATE FOR 11,501
RECIPIENTS OF SOCIAL SERVICES, INCLUDING ENTITIES THAT SERVE OR 11,502
ADVOCATE FOR RECIPIENTS OF ASSISTANCE UNDER CHAPTER 5107. OF THE 11,504
REVISED CODE AND ANY OTHER PRIVATE ENTITIES CONSIDERED 11,507
APPROPRIATE BY THE BOARD OF COUNTY COMMISSIONERS. THE MEMBERSHIP 11,508
SHALL INCLUDE INTERESTED RESIDENTS OF THE COUNTY, INCLUDING, BUT 11,509
NOT LIMITED TO, INDIVIDUALS WHO REPRESENT COMMUNITY, BUSINESS, 11,510
AND AGRICULTURAL INTERESTS. 11,511
THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL MAKE 11,513
RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS REGARDING 11,514
THE USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR SOCIAL 11,515
SERVICES PROGRAMS, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF 11,517
THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 11,520
5104. OF THE REVISED CODE, SOCIAL SERVICES PROVIDED UNDER 11,523
SECTIONS 5101.46 AND 5101.461 TO 5101.464 OF THE REVISED CODE, 11,525
AND ANY OTHER SOCIAL SERVICES PROVIDED IN THE COUNTY. 11,526
THE APPOINTMENT OF A COUNTY HUMAN SERVICES PLANNING 11,528
COMMITTEE UNDER THIS SECTION DOES NOT PRECLUDE A COUNTY 11,529
DEPARTMENT OF HUMAN SERVICES OR A DIVISION OF THE COUNTY 11,530
DEPARTMENT FROM ESTABLISHING COMMITTEES COMPRISED OF CITIZENS TO 11,531
ADVISE THE COUNTY DEPARTMENT ON VARIOUS SUBJECTS OR PROGRAMS. 11,532
Sec. 718.01. (A) As used in this chapter: 11,541
(1) "Internal Revenue Code" means the Internal Revenue 11,543
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 11,544
(2) "Schedule C" means internal revenue service schedule C 11,546
filed by a taxpayer pursuant to the Internal Revenue Code. 11,547
(3) "Form 2106" means internal revenue service form 2106 11,549
filed by a taxpayer pursuant to the Internal Revenue Code. 11,550
(4) "Intangible income" means income of any of the 11,552
following types: income yield, interest, dividends, or other 11,553
income arising from the ownership, sale, exchange, or other 11,554
disposition of intangible property including, but not limited to, 11,555
investments, deposits, money, or credits as those terms are 11,556
257
defined in Chapter 5701. of the Revised Code. 11,557
(B) No municipal corporation with respect to that income 11,559
which it may tax shall tax such income at other than a uniform 11,560
rate.
(C) No municipal corporation shall levy a tax on income at 11,562
a rate in excess of one per cent without having obtained the 11,563
approval of the excess by a majority of the electors of the 11,564
municipality voting on the question at a general, primary, or 11,565
special election. The legislative authority of the municipal 11,566
corporation shall file with the board of elections at least 11,567
seventy-five days before the day of the election a copy of the 11,568
ordinance together with a resolution specifying the date the 11,569
election is to be held and directing the board of elections to 11,570
conduct the election. The ballot shall be in the following form: 11,571
"Shall the Ordinance providing for a ... per cent levy on income 11,572
for (Brief description of the purpose of the proposed levy) be 11,573
passed? 11,574
FOR THE INCOME TAX 11,576
AGAINST THE INCOME TAX" 11,578
In the event of an affirmative vote, the proceeds of the 11,580
levy may be used only for the specified purpose. 11,581
(D) No (1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 11,584
(D)(2) OF THIS SECTION, NO municipal corporation shall exempt
from such A tax ON INCOME, compensation for personal services of 11,586
individuals over eighteen years of age or the net profit from a 11,587
business or profession.
(2) THE LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION 11,589
MAY, BY ORDINANCE OR RESOLUTION, EXEMPT FROM A TAX ON INCOME ANY 11,590
COMPENSATION ARISING FROM THE GRANT, SALE, EXCHANGE, OR OTHER 11,591
DISPOSITION OF A STOCK OPTION; THE EXERCISE OF A STOCK OPTION; OR 11,592
THE SALE, EXCHANGE, OR OTHER DISPOSITION OF STOCK PURCHASED UNDER 11,593
A STOCK OPTION.
(E) Nothing in this section shall prevent a municipal 11,595
corporation from permitting lawful deductions as prescribed by 11,596
258
ordinance. If a taxpayer's taxable income includes income 11,597
against which the taxpayer has taken a deduction for federal 11,598
income tax purposes as reportable on the taxpayer's form 2106, 11,599
and against which a like deduction has not been allowed by the 11,600
municipal corporation, the municipal corporation shall deduct 11,601
from the taxpayer's taxable income an amount equal to the 11,602
deduction shown on such form allowable against such income, to 11,603
the extent not otherwise so allowed as a deduction by the 11,604
municipal corporation. In the case of a taxpayer who has a net 11,605
profit from a business or profession that is operated as a sole 11,606
proprietorship, no municipal corporation may tax or use as the 11,607
base for determining the amount of the net profit that shall be 11,608
considered as having a taxable situs in the municipal 11,609
corporation, a greater amount than the net profit reported by the 11,610
taxpayer on schedule C filed in reference to the year in question 11,611
as taxable income from such sole proprietorship, except as 11,612
otherwise specifically provided by ordinance or regulation. 11,613
(F) No municipal corporation shall tax any of the 11,615
following:
(1) The military pay or allowances of members of the armed 11,617
forces of the United States; 11,618
(2) The income of religious, fraternal, charitable, 11,620
scientific, literary, or educational institutions to the extent 11,621
that such income is derived from tax exempt real estate, tax 11,622
exempt tangible or intangible property or tax exempt activities; 11,623
(3) Except as otherwise provided in division (G) of this 11,625
section, intangible income; 11,626
(4) Compensation paid under section 3501.28 or 3501.36 of 11,628
the Revised Code to a person serving as a precinct election 11,629
official, to the extent that such compensation does not exceed 11,630
one thousand dollars annually. Such compensation in excess of 11,631
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 11,632
of such compensation to withhold any tax from that compensation. 11,633
259
(5) Compensation paid to an employee of a transit 11,635
authority, regional transit authority, or regional transit 11,636
commission created under Chapter 306. of the Revised Code for 11,637
operating a transit bus or other motor vehicle for the authority 11,638
or commission in or through the municipal corporation, unless the 11,639
bus or vehicle is operated on a regularly scheduled route, the 11,640
operator is subject to such a tax by reason of residence or
domicile in the municipal corporation, or the headquarters of the 11,641
authority or commission is located within the municipal 11,642
corporation.
(G) Any municipal corporation that taxes any type of 11,644
intangible income on March 29, 1988, pursuant to Section 3 of 11,645
Amended Substitute Senate Bill No. 238 of the 116th General 11,646
Assembly, may continue to tax that type of income after 1988 if a 11,647
majority of the electors of the municipal corporation voting on 11,648
the question of whether to permit the taxation of that type of 11,649
intangible income after 1988 vote in favor thereof at an election 11,650
held on November 8, 1988.
(H) Nothing in this section or section 718.02 of the 11,652
Revised Code, shall authorize the levy of any tax on income which 11,653
a municipal corporation is not authorized to levy under existing 11,654
laws or shall require a municipal corporation to allow a 11,655
deduction from taxable income for losses incurred from a sole 11,656
proprietorship or partnership. 11,657
Sec. 901.21. THE DIRECTOR OF AGRICULTURE MAY ACQUIRE 11,659
CONSERVATION EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE 11,661
REVISED CODE, BY GIFT, DEVISE, BEQUEST, GRANT, PURCHASE, OR 11,662
LEASE. THE DIRECTOR MAY SO ACQUIRE OR ACQUIRE THE USE OF 11,663
BUILDINGS, STRUCTURES, OR STATIONARY EQUIPMENT LOCATED ON LAND 11,664
SUBJECT TO A CONSERVATION EASEMENT HELD BY THE DIRECTOR THAT IS 11,665
NECESSARY OR APPROPRIATE FOR THE USE OF THE LAND IN AGRICULTURE 11,666
OR IN HORTICULTURAL, SILVICULTURAL, OR OTHER FARMING OR FOREST 11,667
PRODUCTION.
Sec. 901.41. AS USED IN THIS SECTION AND IN SECTION 901.42 11,670
260
OF THE REVISED CODE: 11,671
(A) "DIRECTOR" MEANS THE DIRECTOR OF AGRICULTURE OR THE 11,674
DESIGNEE OF THE DIRECTOR OF AGRICULTURE. 11,675
(B) "EXHIBITION" MEANS A DISPLAY OF ANIMALS THAT IS OPEN 11,678
TO THE PUBLIC.
(C) "NATIONAL EXHIBITION" MEANS AN EXHIBITION WHERE 11,681
SPECIES FROM FIFTEEN OR MORE STATES OR NATIONS ARE EXHIBITED. 11,682
(D) "NONPROFIT ASSOCIATION" MEANS ANY CORPORATION, 11,685
SOCIETY, PARTNERSHIP, OR OTHER ORGANIZATION FORMED UNDER THE LAWS 11,686
OF THIS STATE OR ANOTHER STATE OR NATION PROVIDING FOR THE 11,687
ESTABLISHMENT AND GOVERNANCE OF NONPROFIT ENTITIES. 11,688
(E) "OHIO EXPOSITIONS CENTER" MEANS THE PROPERTY THAT IS 11,692
HELD BY THIS STATE FOR THE PURPOSE OF CONDUCTING FAIRS, 11,693
EXPOSITIONS, AND EXHIBITS AND THAT IS MAINTAINED AND MANAGED BY 11,694
THE OHIO EXPOSITIONS COMMISSION UNDER SECTION 991.03 OF THE 11,697
REVISED CODE. 11,698
(F) "PREMIUM AWARDS" MEANS MONEY, RIBBONS, BANNERS, 11,701
MEDALS, ACHIEVEMENT PINS, TROPHIES, OR MERCHANDISE PRESENTED FOR 11,702
ANIMALS OF SUPERIOR QUALITY. 11,703
(G) "RENTAL COSTS" MEANS THE COSTS ASSOCIATED WITH THE 11,706
RENTAL OF THE FACILITIES, OR A PORTION THEREOF, AT THE OHIO 11,707
EXPOSITIONS CENTER, INCLUDING, WITHOUT LIMITATION, GROUNDS, 11,708
BUILDINGS, PENS, ANIMAL FEEDING OR WATERING EQUIPMENT, AND 11,709
TIEOUTS. "RENTAL COSTS" ALSO INCLUDE LABOR COSTS ASSOCIATED WITH 11,711
SET-UP, TEAR-DOWN, AND SECURITY.
(H) "SPECIES" MEANS DAIRY CATTLE, BEEF CATTLE, SWINE, AND 11,714
SHEEP.
Sec. 901.42. (A) THE DIRECTOR OF AGRICULTURE MAY PROVIDE 11,718
FINANCIAL ASSISTANCE TO A STATEWIDE, MULTI-STATE, OR NATIONAL 11,719
NONPROFIT LIVESTOCK ASSOCIATION TO DEFRAY NOT MORE THAN FIFTY PER 11,720
CENT OF THE RENTAL COSTS OF THE OHIO EXPOSITIONS CENTER FOR 11,721
PURPOSES OF CONDUCTING A LIVESTOCK SPECIES EXHIBITION AT THE 11,722
CENTER. IN ORDER TO OBTAIN FINANCIAL ASSISTANCE UNDER THIS 11,723
DIVISION, A NONPROFIT LIVESTOCK ASSOCIATION SHALL APPLY TO THE 11,724
261
DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR AND IN THE MANNER 11,725
PRESCRIBED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION. 11,727
RENTAL COST ASSISTANCE AUTHORIZED BY THIS DIVISION SHALL BE 11,730
PROVIDED SUBJECT TO BOTH OF THE FOLLOWING CONDITIONS:
(1) NO NONPROFIT LIVESTOCK ASSOCIATION SHALL RECEIVE IN 11,732
ANY FISCAL YEAR RENTAL COST ASSISTANCE EXCEEDING THIRTY-FOUR PER 11,733
CENT OF THE FUNDS AVAILABLE TO THE DIRECTOR IN THAT FISCAL YEAR 11,734
FOR THE PURPOSES OF THIS SECTION AND DESIGNATED FOR THE PURPOSE 11,735
OF DEFRAYING RENTAL COSTS FOR LIVESTOCK SPECIES EXHIBITIONS. 11,736
(2) THE RENTAL COST ASSISTANCE SHALL BE PAID BY THE 11,739
DIRECTOR TO THE OHIO EXPOSITIONS COMMISSION ON BEHALF OF THE 11,741
NONPROFIT LIVESTOCK ASSOCIATION BY MEANS OF INTRASTATE TRANSFER 11,742
VOUCHER.
(B) THE DIRECTOR MAY ALLOCATE NOT MORE THAN FIFTY THOUSAND 11,745
DOLLARS OF THE MONEYS AVAILABLE FOR THE PURPOSES OF THIS SECTION 11,746
IN A FISCAL YEAR TO PROVIDE FINANCIAL ASSISTANCE TO A NONPROFIT 11,747
LIVESTOCK ASSOCIATION TO DEFRAY THE COSTS OF PREMIUM AWARDS FOR A 11,748
NATIONAL MULTISPECIES EXHIBITION HELD AT THE OHIO EXPOSITIONS 11,750
CENTER. IN ORDER TO OBTAIN FINANCIAL ASSISTANCE UNDER THIS 11,751
DIVISION, A NONPROFIT LIVESTOCK ASSOCIATION SHALL APPLY TO THE 11,752
DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR AND IN THE MANNER 11,753
PRESCRIBED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION. 11,755
(C) THE DIRECTOR MAY EXPEND NOT MORE THAN FOUR PER CENT OF 11,758
THE MONEYS AVAILABLE FOR THE PURPOSES OF THIS SECTION IN A FISCAL 11,759
YEAR TO DEFRAY THE COSTS TO THE DEPARTMENT OF AGRICULTURE FOR 11,760
ADMINISTERING THIS SECTION OR TO ASSIST IN RECRUITING LIVESTOCK 11,761
EXHIBITIONS TO BE HELD AT THE OHIO EXPOSITIONS CENTER. 11,763
(D) THE DIRECTOR, IN ACCORDANCE WITH CHAPTER 119. OF THE 11,767
REVISED CODE, SHALL ADOPT RULES TO CARRY OUT THIS SECTION, 11,769
INCLUDING, WITHOUT LIMITATION, RULES ESTABLISHING PROCEDURES FOR 11,770
THE ALLOCATION AND DISTRIBUTION OF MONEYS AVAILABLE FOR THE 11,771
PURPOSES OF THIS SECTION.
Sec. 924.10. (A) There is hereby established in the state 11,780
treasury a fund for each marketing program that is established by 11,782
262
the director of agriculture pursuant to this chapter. Except as
authorized in division (B) of this section, all moneys collected 11,783
by the department of agriculture from each marketing program 11,784
pursuant to section 924.09 of the Revised Code shall be paid into 11,785
the fund for the marketing program and shall be disbursed only 11,786
pursuant to a voucher signed APPROVED by the director for use in 11,787
defraying the costs of administration of the marketing program 11,789
and for carrying out sections 924.02, 924.03, and 924.13 of the 11,790
Revised Code. 11,791
(B) In lieu of deposits in the fund established pursuant 11,793
to division (A) of this section, the operating committee of any 11,794
marketing program established pursuant to this chapter may 11,795
deposit all moneys collected pursuant to section 924.09 of the 11,796
Revised Code with a bank or a savings and loan association as
defined in sections 1101.01 and 1151.01 of the Revised Code. All 11,797
moneys collected pursuant to section 924.09 of the Revised Code 11,798
and deposited pursuant to this division also shall be used only 11,799
in defraying the costs of administration of the marketing program 11,800
and for carrying out sections 924.02, 924.03, and 924.13 of the 11,801
Revised Code.
(C) Each operating committee shall establish a fiscal year 11,804
for its marketing program and shall publish within sixty days of 11,805
the end of each fiscal year an activity and financial report and 11,806
make such report available to each producer who pays an 11,807
assessment or otherwise contributes to the marketing program 11,808
which the committee administers, and to other interested persons. 11,809
(D) In addition to the reports required by division (C) of 11,811
this section, any marketing program that deposits moneys in 11,812
accordance with division (B) of this section shall submit to the 11,813
director all BOTH of the following:
(1) Annually, a financial statement prepared by a 11,815
certified public accountant holding valid certification A LIVE 11,816
PERMIT from the Ohio board of accountancy BOARD issued pursuant 11,817
to Chapter 4701. of the Revised Code. The marketing program 11,818
263
shall file the financial statement with the director not more 11,819
than sixty days after the end of each fiscal year. 11,820
(2) Monthly, an unaudited financial statement. 11,822
Sec. 1309.32. (A) In this section and in the provisions 11,831
of sections 1309.38 to 1309.43 of the Revised Code referring to 11,832
fixture filing, unless the context otherwise requires: 11,833
(1) Goods are "fixtures" when they become so related to 11,835
particular real estate that an interest in them arises under real 11,836
estate law. 11,837
(2) A "fixture filing" is the filing in the office where a 11,839
mortgage on the real estate would be filed or recorded of a 11,840
financing statement covering goods which THAT are or are to 11,841
become fixtures and conforming to the requirements of division 11,843
(E)(D) of section 1309.39 of the Revised Code. 11,845
(3) A mortgage is a "construction mortgage" to the extent 11,847
that it secures an obligation incurred for the construction of an 11,848
improvement on land including the acquisition cost of the land, 11,849
if the recorded writing so indicates. 11,850
(B) A security interest under sections 1309.01 to 1309.50 11,852
of the Revised Code may be created in goods which are fixtures or 11,853
may continue in goods which become fixtures, but no security 11,854
interest exists under sections 1309.01 to 1309.50 of the Revised 11,855
Code in ordinary building materials incorporated into an 11,856
improvement on land. 11,857
(C) Sections 1309.01 to 1309.50 of the Revised Code do not 11,859
prevent creation of an encumbrance upon fixtures pursuant to real 11,860
estate law. 11,861
(D)(1) A perfected security interest in fixtures has 11,863
priority over the conflicting interest of an encumbrancer or 11,864
owner of the real estate where: 11,865
(a) The security interest is a purchase money security 11,867
interest, the interest of the encumbrancer or owner arises before 11,868
the goods become fixtures, the security interest is perfected by 11,869
a fixture filing before the goods become fixtures or within ten 11,870
264
days thereafter, and the debtor has an interest of record in the 11,871
real estate or is in possession of the real estate; or 11,872
(b) The security interest is perfected by a fixture filing 11,874
before the interest of the encumbrancer or owner is of record, 11,875
the security interest has priority over any conflicting interest 11,876
of a predecessor in title of the encumbrancer or owner, and the 11,877
debtor has an interest of record in the real estate or is in 11,878
possession of the real estate; or 11,879
(c) The conflicting interest is a lien on the real estate 11,881
obtained by legal or equitable proceedings after the security 11,882
interest was perfected by any method permitted by sections 11,883
1309.01 to 1309.50 of the Revised Code. 11,884
(2) Whether or not the property is a fixture, a security 11,886
interest in readily removable factory or office machines or 11,887
readily removable replacements of domestic appliances that are 11,888
consumer goods, which security interest has been perfected by any 11,889
method permitted by sections 1309.01 to 1309.50 of the Revised 11,890
Code and has been perfected before the property was installed in 11,891
the real estate, has priority over the conflicting interest of an 11,892
encumbrancer or owner of the real estate. 11,893
(E) A security interest in fixtures, whether or not 11,895
perfected, has priority over the conflicting interest of an 11,896
encumbrancer or owner of the real estate where: 11,897
(1) The encumbrancer or owner has consented in writing to 11,899
the security interest or has disclaimed in writing an interest in 11,900
the goods as fixtures; or 11,901
(2) The debtor has a right to remove the goods as against 11,903
the encumbrancer or owner. If the debtor's right terminates, the 11,904
priority of the security interest continues for a reasonable 11,905
time. 11,906
(F) Notwithstanding division (D)(1) of this section but 11,908
otherwise subject to division (D) and (E) of this section, a 11,909
security interest in fixtures is subordinate to a construction 11,910
mortgage recorded before the goods become fixtures if the goods 11,911
265
become fixtures before the completion of the construction. To 11,912
the extent that it is given to refinance a construction mortgage, 11,913
a mortgage has this priority to the same extent as the 11,914
construction mortgage. 11,915
(G) In cases not within the preceding divisions, a 11,917
security interest in fixtures is subordinate to the conflicting 11,918
interest of an encumbrancer or owner of the related real estate 11,919
who is not the debtor. 11,920
(H) When the secured party has priority over all owners 11,922
and encumbrancers of the real estate, he THE SECURED PARTY may, 11,923
on default, subject to the provisions of sections 1309.44 to 11,925
1309.50 of the Revised Code, remove his THE SECURED PARTY'S 11,926
collateral from the real estate but he THE SECURED PARTY must 11,927
reimburse any encumbrancer or owner of the real estate who is not 11,928
the debtor and who has not otherwise agreed for the cost of 11,929
repair of any physical injury, but not for any diminution in 11,930
value of the real estate caused by the absence of the goods 11,931
removed or by any necessity for replacing them. A person 11,932
entitled to reimbursement may refuse permission to remove until 11,933
the secured party gives adequate security for the performance of 11,934
this obligation. The secured party shall give reasonable 11,935
notification of his THE SECURED PARTY'S intention to remove the 11,936
collateral to all persons entitled to reimbursement. 11,938
Sec. 1309.39. (A) A financing statement is sufficient if 11,948
it gives SHALL STATE the names of the debtor and the secured 11,949
party, is BE signed by the debtor, gives GIVE an address of the 11,951
secured party from which information concerning the security 11,953
interest may be obtained, gives GIVE a mailing address of the 11,954
debtor, and contains INCLUDE a statement indicating the types, or 11,956
describing the items, of collateral. A financing statement SHALL 11,957
BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. IT may 11,958
be filed before a security agreement is made or a security 11,959
interest otherwise attaches. When the financing statement covers 11,960
crops growing or to be grown, timber to be cut, or minerals or 11,961
266
the like, including oil and gas, or accounts subject to division 11,962
(E) of section 1309.03 of the Revised Code, or when the financing 11,963
statement is filed as a fixture filing pursuant to section 11,964
1309.32 of the Revised Code and the collateral is goods which 11,965
THAT are or are to become fixtures, the statement must also 11,967
comply with division (E)(D) of this section. A copy of the 11,969
security agreement is sufficient as a financing statement if it 11,970
contains the above information and is signed by the debtor. A 11,971
carbon, photographic, or other reproduction of a security 11,972
agreement or a financing statement is sufficient as a financing 11,973
statement if the security agreement so provides or if the 11,974
original has been filed in this state.
(B) A financing statement which THAT otherwise complies 11,976
with division (A) of this section is sufficient when it is signed 11,977
by the secured party instead of the debtor if it is filed to 11,978
perfect a security interest in ANY OF THE FOLLOWING: 11,979
(1) collateral COLLATERAL already subject to a security 11,981
interest in another jurisdiction when it is brought into this 11,983
state or when the debtor's location is changed to this state. 11,984
Such a financing statement must state that the collateral was 11,985
brought into this state or that the debtor's location was changed 11,986
to this state under such circumstances; or 11,987
(2) proceeds PROCEEDS under section 1309.25 of the Revised 11,989
Code if the security interest in the original collateral was 11,991
perfected. Such a financing statement must describe the original 11,992
collateral; or 11,993
(3) collateral COLLATERAL as to which the filing has 11,995
lapsed; or 11,996
(4) collateral COLLATERAL acquired after a change of name, 11,998
identity, or corporate structure of the debtor under division 12,000
(G)(F) of this section. 12,002
(C) A form substantially as follows is sufficient to 12,004
comply with division (A) of this section: 12,005
Name of debtor (or assignor) ............................. 12,007
267
Address .................................................. 12,009
Name of secured party (or assignee)....................... 12,011
Address .................................................. 12,013
1. This financing statement covers the following types (or 12,015
items) of property: 12,016
(Describe) ............................................... 12,018
2. (If applicable) The above goods are to become fixtures 12,020
on: 12,021
The above crops are growing or are to be grown on: 12,023
The above timber is standing on: 12,025
The above minerals or the like, including oil and gas, or 12,027
accounts will be financed at the wellhead or minehead located on: 12,028
(Describe real estate) ................................... 12,030
and this financing statement is to be indexed in the real estate 12,031
records of the county in which the real estate is situated. (If 12,032
the debtor does not have an interest of record) The name of a 12,033
record owner or record lessee is ........ 12,034
3. If products of collateral are claimed) Products of the 12,036
collateral are also covered. 12,037
(Use whichever is applicable) Signature of Debtor (or 12,039
Assignor) ...................................................... 12,040
(Use whichever is applicable) Signature of Secured Party 12,042
(or Assignee) .................................................. 12,043
(D) A financing statement may be amended by filing a 12,045
writing signed by both the debtor and the secured party. THE 12,046
AMENDMENT SHALL BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF 12,047
STATE. An amendment does not extend the period of effectiveness 12,048
of a financing statement. If any amendment adds collateral, it 12,049
is effective as to the added collateral only from the filing date 12,050
of the amendment. In sections 1309.01 to 1309.50 of the Revised 12,051
Code, unless the context otherwise requires, the term "financing 12,052
statement" means the original financing statement and any 12,053
amendments. 12,054
(E)(D) A financing statement covering crops growing or to 12,056
268
be grown or timber to be cut or minerals or the like, including 12,057
oil and gas, or accounts subject to division (E) of section 12,058
1309.03 of the Revised Code, or a financing statement filed as a 12,059
fixture filing pursuant to section 1309.32 of the Revised Code 12,060
must show that it covers this type of collateral, must recite 12,061
that it is to be indexed in the real estate records of the county 12,062
in which the real estate is situated, and the financing statement 12,063
must contain a description of the real estate sufficient if it 12,064
were contained in a mortgage of the real estate to give 12,065
constructive notice of the mortgage under the law of this state. 12,066
If the debtor does not have an interest of record in the real 12,067
estate, the financing statement must show the name of a record 12,068
owner or record lessee.
(F)(E) A mortgage is effective as a financing statement 12,070
filed as a fixture filing from the date of its recording if (1) 12,071
the goods are described in the mortgage by item or type, (2) the 12,072
goods are or are to become fixtures related to the real estate 12,073
described in the mortgage, (3) the mortgage complies with the 12,074
requirements for a financing statement in this section other than 12,075
a recital that it is to be indexed in the real estate records, 12,076
and (4) the mortgage is duly recorded. No fee with reference to 12,077
the financing statement is required other than the regular 12,078
recording and satisfaction fees with respect to the mortgage. 12,079
(G)(F) A financing statement sufficiently shows the name 12,081
of the debtor if it gives the individual, partnership, or 12,082
corporate name of the debtor, whether or not it adds other trade 12,083
names or the names of partners. Where the debtor so changes his 12,084
THE DEBTOR'S name or in the case of an organization its name, 12,086
identity or corporate structure that a filed financing statement 12,087
becomes seriously misleading, the filing is not effective to 12,088
perfect a security interest in collateral acquired by the debtor 12,089
more than four months after the change, unless a new appropriate 12,090
financing statement is filed before the expiration of that time. 12,091
A filed financing statement remains effective with respect to 12,092
269
collateral transferred by the debtor even though the secured 12,093
party knows of or consents to the transfer. 12,094
(H)(G) A financing statement substantially complying with 12,096
the requirements of this section is effective even though it 12,097
contains minor errors which are not seriously misleading. 12,098
Sec. 1309.40. (A) Presentation for filing of a financing 12,108
statement and, tender of the filing fee or, AND acceptance of the 12,110
statement by the filing officer constitutes CONSTITUTE filing 12,111
under sections 1309.01 to 1309.50 of the Revised Code. 12,113
(B)(1) Except as provided in divisions (B)(2) and (F) of 12,115
this section, a filed financing statement is effective for a 12,116
period of five years from the date of filing. The effectiveness 12,117
of a filed financing statement lapses on the expiration of the 12,118
five-year period unless a continuation statement is filed prior 12,119
to the lapse. If a security interest perfected by filing exists 12,120
at the time insolvency proceedings are commenced by or against 12,121
the debtor, the security interest remains perfected until 12,122
termination of the insolvency proceedings and thereafter for a 12,123
period of sixty days or until expiration of the five-year period, 12,124
whichever occurs later. Upon lapse the security interest becomes 12,125
unperfected, unless it is perfected without filing. If the 12,126
security interest becomes unperfected upon lapse, it is deemed to 12,127
have been unperfected as against a person who became a purchaser 12,128
or lien creditor before lapse. 12,129
(2) A filed financing statement which THAT states that it 12,131
relates to an obligation secured by both (a) a mortgage upon real 12,132
estate filed for record within this state and (b) a security 12,133
interest in collateral, whether or not such collateral includes 12,134
or consists of goods which are or are to become fixtures situated 12,135
upon such real estate, shall, if such financing statement states 12,136
a maturity date of such obligation, or the final installment 12,137
thereof, of more than five years, be fully effective until the 12,138
maturity date set forth therein. Such financing statement shall 12,139
also contain a reference to the recorder's file number of the 12,140
270
mortgage upon real estate or to the volume and page of the 12,141
mortgage record in which such mortgage is recorded. 12,142
(C) A continuation statement may be filed by the secured 12,144
party within six months prior to the expiration of the five-year 12,145
period specified in division (B)(1) of this section, or within 12,146
six months prior to the stated maturity date referred to in 12,147
division (B)(2) of this section. Any such A CONTINUATION 12,148
STATEMENT SHALL BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF 12,149
STATE. THE continuation statement must be signed by the secured 12,151
party, identify the original statement by file number, and state 12,152
that the original statement is still effective. A continuation 12,153
statement signed by a person other than the secured party of 12,154
record must be accompanied by a separate written statement of 12,155
assignment signed by the secured party of record and complying 12,156
with division (B) of section 1309.42 of the Revised Code, 12,157
including payment of the required fee. Upon timely filing of the 12,158
continuation statement, the effectiveness of the original 12,159
statement is continued for five years after the last date to 12,160
which the filing was effective whereupon it lapses in the same 12,161
manner as provided in division (B) of this section unless another 12,162
continuation statement is filed prior to such lapse. Succeeding 12,163
continuation statements may be filed in the same manner to 12,164
continue the effectiveness of the original statement. The filing 12,165
officer may remove a lapsed statement from the files and destroy 12,166
it immediately if he THE FILING OFFICER has retained a microfilm 12,168
or other photographic record, or in other cases one year after 12,169
the lapse. The filing officer shall so arrange matters by 12,170
physical annexation of financing statements to continuation 12,171
statements or other related filings, or by other means, that if 12,172
he THE FILING OFFICER physically destroys the financing 12,173
statements of a period more than five years past, those which 12,174
have been continued by a continuation statement or which are 12,175
still effective under division (B)(2) or (F) of this section 12,176
shall be retained. 12,177
271
(D) Except as provided in division (G) of this section, a 12,179
filing officer shall mark ASSIGN each statement with a 12,180
consecutive file number and with the date and hour of filing and 12,182
shall hold the statement or a microfilm or other photographic OR 12,183
DIGITIZED copy thereof for public inspection. In addition, the 12,185
filing officer shall index the statements according to the name 12,186
of the debtor and shall note in the index the file number, THE 12,187
DATE AND HOUR OF FILING, and the address of the debtor given in 12,189
the statement. In addition to the indexing required in the
previous sentence, statements covering crops growing or to be 12,190
grown or timber to be cut or minerals or the like, including oil 12,191
and gas, or accounts subject to division (E) of section 1309.03 12,192
of the Revised Code, or a financing statement filed as a fixture 12,193
filing pursuant to section 1309.32 of the Revised Code shall also 12,194
be indexed in the real estate mortgage records by the filing 12,195
officer according to the name of the debtor or, if the financing 12,196
statement shows the record owner or record lessee to be other 12,197
than the debtor, then according to the name of the record owner 12,198
or record lessee given in the statement. The fee to be charged 12,199
for indexing financing statements in the real estate mortgage 12,200
records shall be two dollars for each record owner or lessee 12,201
listed in the statement, as provided in division (E) of section 12,202
317.32 of the Revised Code. 12,203
(E) The fee for filing, indexing, and furnishing filing 12,205
data for an original, amended, or a continuation statement on a 12,206
form prescribed by the secretary of state or on any other form 12,207
approved by the filing officer shall be nine dollars. The fee 12,208
for filing, indexing, and furnishing filing data for an original, 12,209
amended, or a continuation statement on a form neither prescribed 12,210
by the secretary of state nor on any other form approved by the 12,211
filing officer shall be eleven dollars. 12,212
(F) If the debtor is a transmitting utility and a filed 12,214
financing statement so states, it is effective until a 12,215
termination statement is filed. A real estate mortgage which 12,216
272
THAT is effective as a fixture filing under division (F)(E) of 12,218
section 1309.39 of the Revised Code remains effective as a 12,219
fixture filing until the mortgage is released or satisfied of 12,220
record or its effectiveness otherwise terminates as to the real 12,221
estate.
(G) If the person filing any original or amended financing 12,223
statement, termination statement, statement of assignment, or 12,224
statement of release, furnishes the filing officer REQUESTS a 12,225
copy thereof, the filing officer shall upon request note upon the 12,227
copy the file number and date and hour of the filing of the 12,228
original and deliver or send the copy to such person. 12,229
(H) Upon request of any person, the filing officer shall 12,231
issue his A certificate showing whether there is on file on the 12,232
date and hour stated therein, any presently effective financing 12,233
statement naming a particular debtor, owner, lessee, and any 12,234
statement of assignment thereof and if there is, giving the date 12,235
and hour of filing of each such statement and the names and 12,236
addresses of each secured party therein. The fee for such a 12,237
certificate shall be nine dollars plus one dollar for each 12,238
financing statement and for each statement of assignment reported 12,239
therein. Upon request, the filing officer shall furnish a copy 12,240
of any filed financing statement or statement of assignment for a 12,241
uniform fee of one dollar ACTUAL COST per page. 12,242
Sec. 1309.41. (A) If a financing statement covering 12,252
consumer goods is filed on or after January 1, 1979, then within 12,253
one month or within ten days following written demand by the 12,254
debtor after there is no outstanding secured obligation and no 12,255
commitment to make advances, incur obligations, or otherwise give 12,256
value, the secured party must file with each filing officer with 12,257
whom the financing statement was filed, a termination statement 12,258
to the effect that he THE SECURED PARTY no longer claims a 12,259
security interest under the financing statement, which shall be 12,261
identified by file number. In other cases whenever there is no 12,262
outstanding secured obligation and no commitment to make 12,263
273
advances, incur obligations, or otherwise give value, the secured 12,264
party must on written demand by the debtor send the debtor, for 12,265
each filing officer with whom the financing statement was filed, 12,266
a termination statement to the effect that he THE SECURED PARTY 12,267
no longer claims a security interest under the financing 12,269
statement, which shall be identified by file number. A
TERMINATION STATEMENT FILED UNDER THIS SECTION SHALL BE ON A FORM 12,270
PRESCRIBED BY THE SECRETARY OF STATE. A termination statement 12,272
signed by a person other than the secured party of record must be 12,273
accompanied by a separate written statement of assignment signed 12,274
by the secured party of record complying with division (B) of 12,275
section 1309.42 of the Revised Code including payment of the 12,276
required fee. If the affected secured party fails to file such a 12,277
termination statement as required by this division or to send 12,278
such a termination statement ten days after the proper demand 12,279
therefor, he THE SECURED PARTY shall be liable to the debtor for 12,281
one hundred dollars, and in addition for any loss caused to the 12,282
debtor by such failure.
(B) On presentation to the filing officer of such a 12,284
termination statement he, THE FILING OFFICER must note it in the 12,286
index. If he THE FILING OFFICER has received the termination 12,287
statement in duplicate, he THE FILING OFFICER shall return one 12,289
copy of the termination statement to the secured party stamped 12,290
WITH A NOTATION to show the time of receipt thereof OF THE 12,291
TERMINATION STATEMENT. If the filing officer has a microfilm or 12,292
other photographic OR DIGITIZED record of the financing 12,294
statement, and of any related continuation statement, statement 12,295
of assignment, and statement of release, he THE FILING OFFICER 12,296
may remove the originals from the files at any time after receipt 12,297
of the termination statement, or if he has THERE IS no such 12,298
record, he THE FILING OFFICER may remove them from the files at 12,300
any time after one year after receipt of the termination 12,301
statement.
Sec. 1309.42. (A) A financing statement may disclose an 12,311
274
assignment of a security interest in the collateral described in 12,312
the financing statement by indication in the financing statement 12,313
of the name and address of the assignee or by an assignment 12,314
itself or a copy thereof on the face or back of the statement. 12,315
On presentation to the filing officer of such a financing 12,316
statement the filing officer shall mark the same PROCEED as 12,317
provided in division (D) of section 1309.40 of the Revised Code. 12,319
The fee for filing, indexing, and furnishing filing data for a 12,320
financing statement so indicating an assignment shall be nine 12,321
dollars.
(B) A secured party may assign of record all or a part of 12,323
his THE SECURED PARTY'S rights under a financing statement by the 12,325
filing in the place where the original financing statement was 12,326
filed of a separate written statement of assignment. THE 12,327
STATEMENT OF ASSIGNMENT SHALL BE ON A FORM PRESCRIBED BY THE 12,328
SECRETARY OF STATE, SHALL BE signed by the secured party of 12,329
record and setting, SHALL SET forth the name of the secured party 12,331
of record and the debtor, the file number and the date of filing 12,332
of the financing statement, and the name and address of the 12,333
assignee, and containing SHALL CONTAIN a description of the 12,335
collateral assigned. A copy of the assignment is sufficient as a 12,337
separate statement if it complies with the preceding sentence. 12,338
On presentation to the filing officer of such a separate 12,339
statement OF ASSIGNMENT, the filing officer shall mark such THE 12,341
separate statement with the date and hour of filing. He THE 12,342
FILING OFFICER shall note the assignment on the index of the 12,343
financing statement, or in the case of a fixture filing, or a 12,344
filing covering crops growing or to be grown or timber to be cut, 12,345
or covering minerals or the like, including oil and gas, or 12,346
accounts subject to division (E) of section 1309.03 of the 12,347
Revised Code, he THE FILING OFFICER shall index the assignment 12,348
under the name of the assignor as grantor and, to the extent that 12,350
the law of this state provides for indexing the assignment of a 12,351
mortgage under the name of the assignee, he THE FILING OFFICER 12,352
275
shall index the assignment of the financing statement under the 12,354
name of the assignee. The fee for filing, indexing, and 12,355
furnishing filing data about such a separate statement of 12,356
assignment shall be nine dollars if on a form prescribed by the 12,357
secretary of state or on any other form approved by the filing 12,358
officer. The fee for filing, indexing, and furnishing filing 12,360
data about such a separate statement of assignment on a form not 12,361
prescribed by the secretary of state shall be eleven dollars. 12,362
Notwithstanding the provisions of this division, an assignment of 12,363
record of a security interest in a fixture contained in a 12,364
mortgage effective as a fixture filing pursuant to division 12,365
(F)(E) of section 1309.39 of the Revised Code may be made only by 12,367
an assignment of the mortgage in the manner provided by the law 12,368
of this state other than sections 1309.01 to 1309.50 of the 12,369
Revised Code.
(C) After the disclosure or filing of an assignment under 12,371
this section, the assignee is the secured party of record. 12,372
Sec. 1309.43. A secured party of record may by his A 12,382
signed statement release all or a part of any collateral 12,383
described in a filed financing statement. The statement of 12,384
release is sufficient if it contains SHALL BE ON A FORM 12,385
PRESCRIBED BY THE SECRETARY OF STATE AND SHALL CONTAIN a 12,386
description of the collateral being released, the name and 12,387
address of the debtor, the name and address of the secured party, 12,388
and the file number of the financing statement. A statement of 12,389
release signed by a person other than the secured party of record 12,390
must be accompanied by a separate written statement of assignment 12,391
signed by the secured party of record and complying with division 12,392
(B) of section 1309.42 of the Revised Code, including payment of 12,393
the required fee. Upon presentation of such a statement of 12,394
release to the filing officer he, THE FILING OFFICER shall mark 12,395
the statement with the hour and date of filing and shall note the 12,397
HOUR AND date OF FILING upon the margin of the index of the 12,399
filing of the financing statement. The fee for filing and noting 12,400
276
such a statement of release shall, whether collected by the 12,401
secretary of state or by the county recorder, be nine dollars if 12,402
on a form prescribed by the secretary of state or approved by the 12,403
filing officer. The fee for filing and noting such a statement 12,404
of release on a form not prescribed by the secretary of state and 12,405
not approved by the filing officer shall be eleven dollars. 12,406
Sec. 1310.37. (A) As used in this section: 12,416
(1) Goods are "fixtures" when they become so related to 12,418
particular real estate that an interest in them arises under real 12,419
estate law. 12,420
(2) A "fixture filing" is the filing, in the office in 12,422
which a mortgage on the real estate would be filed or recorded, 12,423
of a financing statement covering goods that are or are to become 12,424
fixtures and conforming to division (E)(D) of section 1309.39 of 12,426
the Revised Code. 12,427
(3) A lease is a "purchase money lease" unless the lessee 12,429
has possession or use of the goods or the right to possession or 12,430
use of the goods before the lease agreement is enforceable. 12,431
(4) A mortgage is a "construction mortgage" to the extent 12,433
it secures an obligation incurred for the construction of an 12,434
improvement on land, including the acquisition cost of the land, 12,435
if the recorded writing so indicates. 12,436
(5) "Encumbrance" includes real estate mortgages, other 12,438
liens on real estate, and all other rights in real estate that 12,439
are not ownership interests. 12,440
(B) Under sections 1310.01 to 1310.78 of the Revised Code, 12,442
a lease may be of goods that are fixtures or may continue in 12,443
goods that become fixtures, but, under those sections, no lease 12,444
exists of ordinary building materials incorporated into an 12,445
improvement on land. 12,446
(C) Sections 1310.01 to 1310.78 of the Revised Code do not 12,448
prevent the creation of a lease of fixtures pursuant to real 12,449
estate law. 12,450
(D) The perfected interest of a lessor of fixtures has 12,452
277
priority over a conflicting interest of an encumbrancer or owner 12,453
of the real estate if either of the following applies: 12,454
(1) The lease is a purchase money lease, the conflicting 12,456
interest of the encumbrancer or owner arises before the goods 12,457
become fixtures, the interest of the lessor is perfected by a 12,458
fixture filing before the goods become fixtures or within ten 12,459
days after they become fixtures, and the lessee has an interest 12,460
of record in the real estate or is in possession of the real 12,461
estate. 12,462
(2) The interest of the lessor is perfected by a fixture 12,464
filing before the interest of the encumbrancer or owner is of 12,465
record, the lessor's interest has priority over any conflicting 12,466
interest of a predecessor in title of the encumbrancer or owner, 12,467
and the lessee has an interest of record in the real estate or is 12,468
in possession of the real estate. 12,469
(E) The interest of a lessor of fixtures, whether or not 12,471
perfected, has priority over the conflicting interest of an 12,472
encumbrancer or owner of the real estate if any of the following 12,473
applies: 12,474
(1) The fixtures are readily removable factory or office 12,476
machines, readily removable equipment that is not primarily used 12,477
or leased for use in the operation of the real estate, or readily 12,478
removable replacements of domestic appliances that are goods 12,479
subject to a consumer lease and, before the goods become 12,480
fixtures, the lease contract is enforceable. 12,481
(2) The conflicting interest is a lien on the real estate 12,483
obtained by legal or equitable proceedings after the lease 12,484
contract is enforceable. 12,485
(3) The encumbrancer or owner has consented in writing to 12,487
the lease or has disclaimed an interest in the goods as fixtures. 12,488
(4) The lessee has a right to remove the goods as against 12,490
the encumbrancer or owner. If the lessee's right to remove 12,491
terminates, the priority of the interest of the lessor continues 12,492
for a reasonable time. 12,493
278
(F) Notwithstanding division (D)(1) of this section but 12,495
otherwise subject to divisions (D) and (E) of this section, the 12,496
interest of a lessor of fixtures, including the lessor's residual 12,497
interest, is subordinate to the conflicting interest of an 12,498
encumbrancer of the real estate under a construction mortgage 12,499
recorded before the goods become fixtures if the goods become 12,500
fixtures before the completion of the construction. To the 12,501
extent given to refinance a construction mortgage, the 12,502
conflicting interest of an encumbrancer of the real estate under 12,503
a mortgage has this priority to the same extent as the 12,504
encumbrancer of the real estate under the construction mortgage. 12,505
(G) In cases not within divisions (A) to (F) of this 12,507
section, priority between the interest of a lessor of fixtures, 12,508
including the lessor's residual interest, and the conflicting 12,509
interest of an encumbrancer or owner of the real estate who is 12,510
not the lessee is determined by the priority rules governing 12,511
conflicting interests in real estate. 12,512
(H) If the interest of a lessor of fixtures, including the 12,514
lessor's residual interest, has priority over all conflicting 12,515
interests of all owners and encumbrancers of the real estate, the 12,516
lessor or the lessee, on default, expiration, termination, or 12,517
cancellation of the lease agreement but subject to the lease 12,518
agreement and sections 1310.01 to 1310.78 of the Revised Code, or 12,519
if necessary to enforce other rights and remedies of the lessor 12,520
or lessee under those sections, may remove the goods from the 12,521
real estate, free and clear of all conflicting interests of all 12,522
owners and encumbrancers of the real estate, but the lessor or 12,523
lessee shall reimburse any encumbrancer or owner of the real 12,524
estate who is not the lessee and who has not otherwise agreed for 12,525
the cost of repair of any physical injury, but not for any 12,526
diminution in value of the real estate caused by the absence of 12,527
the goods removed or by any necessity of replacing them. A 12,528
person entitled to reimbursement may refuse permission to remove 12,529
until the party seeking removal gives adequate security for the 12,530
279
performance of this obligation. 12,531
(I) Even though the lease agreement does not create a 12,533
security interest, the interest of a lessor of fixtures, 12,534
including the lessor's residual interest, is perfected by filing 12,535
a financing statement as a fixture filing for leased goods that 12,536
are or are to become fixtures in accordance with the relevant 12,537
provisions of Chapter 1309. of the Revised Code. 12,538
Sec. 1503.05. (A) The chief of the division of forestry 12,547
may sell timber and other forest products from the state forest 12,548
whenever he THE CHIEF considers such a sale desirable and, with 12,549
the approval of the attorney general and the director of natural 12,551
resources, may sell portions of the state forest lands when such 12,552
a sale is advantageous to the state. 12,553
(B) Except as otherwise provided in this section, a timber 12,555
sale agreement shall not be executed unless the person or 12,556
governmental entity bidding on the sale executes and files a 12,557
surety bond conditioned on completion of the timber sale in 12,558
accordance with the terms of the agreement in an amount equal to 12,559
twenty-five per cent of the highest value cutting section. All 12,560
bonds shall be given in a form prescribed by the chief and shall 12,561
run to the state as obligee. 12,562
The chief shall not approve any bond until it is personally 12,564
signed and acknowledged by both principal and surety, or as to 12,565
either by his THE attorney in fact THEREOF, with a certified copy 12,567
of the power of attorney attached. The chief shall not approve 12,568
the bond unless there is attached a certificate of the 12,569
superintendent of insurance that the company is authorized to 12,570
transact a fidelity and surety business in this state. 12,571
In lieu of a bond, the bidder may deposit any of the 12,573
following: 12,574
(A)(1) Cash in an amount equal to the amount of the bond; 12,576
(B)(2) United States government securities having a par 12,578
value equal to or greater than the amount of the bond; 12,579
(C)(3) Negotiable certificates of deposit or irrevocable 12,581
280
letters of credit issued by any bank organized or transacting 12,582
business in this state, having a par value equal to or greater 12,583
than the amount of the bond. 12,584
The cash or securities shall be deposited on the same terms 12,586
as bonds. If one or more certificates of deposit are deposited 12,587
in lieu of a bond, the chief shall require the bank that issued 12,588
any of the certificates to pledge securities of the aggregate 12,589
market value equal to the amount of the certificate or 12,590
certificates that is in excess of the amount insured by the 12,591
federal deposit insurance corporation. The securities to be 12,592
pledged shall be those designated as eligible under section 12,593
135.18 of the Revised Code. The securities shall be security for 12,594
the repayment of the certificate or certificates of deposit. 12,595
Immediately upon a deposit of cash, securities, 12,597
certificates of deposit, or letters of credit, the chief shall 12,598
deliver them to the treasurer of state, who shall hold them in 12,599
trust for the purposes for which they have been deposited. The 12,600
treasurer of state is responsible for the safekeeping of the 12,601
deposits. A bidder making a deposit of cash, securities, 12,602
certificates of deposit, or letters of credit may withdraw and 12,603
receive from the treasurer of state, on the written order of the 12,604
chief, all or any portion of the cash, securities, certificates 12,605
of deposit, or letters of credit upon depositing with the 12,606
treasurer of state cash, other United States government 12,607
securities, or other negotiable certificates of deposit or 12,608
irrevocable letters of credit issued by any bank organized or 12,609
transacting business in this state, equal in par value to the par 12,610
value of the cash, securities, certificates of deposit, or 12,611
letters of credit withdrawn. 12,612
A bidder may demand and receive from the treasurer of state 12,614
all interest or other income from any such securities or 12,615
certificates as it becomes due. If securities so deposited with 12,616
and in the possession of the treasurer of state mature or are 12,617
called for payment by the issuer thereof, the treasurer of state, 12,618
281
at the request of the bidder who deposited them, shall convert 12,619
the proceeds of the redemption or payment of the securities into 12,620
such other United States government securities, negotiable 12,621
certificates of deposit, or cash as the bidder designates. 12,622
When the chief finds that a person or governmental agency 12,624
has failed to comply with the conditions of his THE PERSON'S OR 12,625
GOVERNMENTAL AGENCY'S bond, he THE CHIEF shall make a finding of 12,627
that fact and declare the bond, cash, securities, certificates, 12,628
or letters of credit forfeited. The chief shall thereupon SHALL 12,629
certify the total forfeiture to the attorney general, who shall 12,630
proceed to collect the amount of the bond, cash, securities, 12,631
certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may 12,633
cause the timber sale to be completed or pay to the treasurer of 12,634
state the cost thereof. 12,635
All moneys collected as a result of forfeitures of bonds, 12,637
cash, securities, certificates, and letters of credit under this 12,638
section shall be credited to the state forest fund created in 12,639
this section. 12,640
(C) The chief may grant easements and leases on portions 12,642
of the state forest lands under such terms as are advantageous to 12,643
the state, and he THE CHIEF may grant mineral rights on a royalty 12,644
basis, with the approval of the attorney general and the 12,646
director.
(D) All moneys received from the sale of state forest 12,648
lands, or in payment for easements or leases on or as rents from 12,649
such THOSE lands, shall be paid into the state treasury to the 12,651
credit of the state forest fund, which is hereby created. All 12,652
moneys received from the sale of standing timber taken from the 12,653
state forest lands shall be deposited into the general revenue 12,654
fund. All
ALL moneys received from the sale of forest products, other 12,657
than standing timber, and minerals taken from the state forest 12,658
lands, together with royalties from mineral rights, shall be paid 12,659
282
into the state forest fund. At the time he makes OF MAKING such 12,660
a payment or deposit, the chief shall determine the amount and 12,662
net GROSS value of such products sold or royalties received from 12,664
lands in each county and, in each township within the county, AND 12,665
IN EACH SCHOOL DISTRICT WITHIN THE COUNTY. Afterward the chief 12,667
shall send to each county treasurer a copy of the determination 12,668
and shall provide for payment to the county treasurer, for the 12,669
use of the general fund of that county from the amount so 12,670
received AS PROVIDED IN THIS DIVISION, an amount equal to fifty 12,671
EIGHTY per cent of the net GROSS value of the products sold or 12,672
royalties received from lands located in that county. The county 12,674
auditor shall pay DO ALL OF THE FOLLOWING: 12,675
(1) RETAIN FOR THE USE OF THE GENERAL FUND OF THE COUNTY 12,677
ONE-FOURTH OF THE AMOUNT RECEIVED BY THE COUNTY UNDER DIVISION 12,678
(D) OF THIS SECTION;
(2) PAY into the general fund of any township located 12,681
within the county and containing such lands one-half ONE-FOURTH 12,682
of the amount received by the county from products sold or 12,684
royalties received from lands located in the township; 12,685
(3) REQUEST THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT 12,687
LOCATED WITHIN THE COUNTY AND CONTAINING SUCH LANDS TO IDENTIFY 12,688
WHICH FUND OR FUNDS OF THE DISTRICT SHOULD RECEIVE THE MONEYS 12,689
AVAILABLE TO THE SCHOOL DISTRICT UNDER DIVISION (D)(3) OF THIS 12,690
SECTION. AFTER RECEIVING NOTICE FROM THE BOARD, THE COUNTY 12,691
AUDITOR SHALL PAY INTO THE FUND OR FUNDS SO IDENTIFIED ONE-HALF 12,692
OF THE AMOUNT RECEIVED BY THE COUNTY FROM PRODUCTS SOLD OR
ROYALTIES RECEIVED FROM LANDS LOCATED IN THE SCHOOL DISTRICT, 12,693
DISTRIBUTED PROPORTIONATELY AS IDENTIFIED BY THE BOARD. The 12,694
THE division of forestry shall not supply logs, lumber, or 12,697
other forest products or minerals, taken from the state forest 12,698
lands, to any other agency or subdivision of the state unless 12,699
payment is made therefor in the amount of the actual prevailing 12,700
value thereof. This section is applicable to the moneys so 12,701
received. All moneys received from the sale of reforestation 12,702
283
tree stock or other revenues derived from the operation of the 12,703
state forests, facilities, or equipment shall be paid into the 12,704
state forest fund.
The fund shall not be expended for any purpose other than 12,706
the administration, operation, maintenance, development, or 12,707
utilization of the state forests, forest nurseries, and forest 12,708
programs, for facilities or equipment incident thereto, or for 12,709
the further purchase of lands for state forest or forest nursery 12,710
purposes. 12,711
Sec. 1503.141. There is hereby created in the state 12,720
treasury the wildfire suppression fund. The fund shall consist 12,721
of such revenues as the general assembly provides, any federal 12,722
moneys received for the purposes of this section, and donations, 12,723
gifts, bequests, and other moneys received for those purposes. 12,724
IN ADDITION, THE CHIEF OF THE DIVISION OF FORESTRY ANNUALLY MAY 12,725
REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER, AND, 12,726
IF SO REQUESTED, THE DIRECTOR SHALL TRANSFER, NOT MORE THAN ONE 12,727
HUNDRED THOUSAND DOLLARS TO THE WILDFIRE SUPPRESSION FUND FROM 12,728
THE GENERAL REVENUE FUND. THE AMOUNT TRANSFERRED SHALL CONSIST 12,729
ONLY OF MONEY DEPOSITED INTO THE GENERAL REVENUE FUND FROM THE
SALE OF STANDING TIMBER TAKEN FROM STATE FOREST LANDS AS SET 12,731
FORTH IN SECTION 1503.05 OF THE REVISED CODE. 12,732
The chief of the division of forestry shall use moneys in 12,734
the wildfire suppression fund to reimburse firefighting agencies 12,735
and private fire companies for their costs incurred in the 12,736
suppression of wildfires. The chief shall provide such 12,737
reimbursement pursuant to agreements and contracts entered into 12,738
under section 1503.14 of the Revised Code and in accordance with 12,739
the following schedule: 12,740
(A) For wildfire suppression on private land, an initial 12,742
seventy-dollar payment to the firefighting agency or private fire 12,743
company; 12,744
(B) For wildfire suppression on land under the 12,746
administration or care of the department of natural resources or 12,747
284
on land that is part of any national forest administered by the 12,748
United States department of agriculture forest service, an 12,749
initial one-hundred-dollar payment to the firefighting agency or 12,750
private fire company; 12,751
(C) For any wildfire suppression on land specified in 12,753
division (A) or (B) of this section lasting more than two hours, 12,754
an additional payment of thirty-five dollars per hour. 12,755
If at any time moneys in the fund exceed two hundred 12,757
thousand dollars, the chief shall disburse the moneys that exceed 12,758
that amount to the firefighting agencies and private fire 12,759
companies in accordance with rules that he THE CHIEF shall adopt 12,760
in accordance with Chapter 119. of the Revised Code. The rules 12,761
shall establish requirements and procedures that are similar in 12,762
purpose and operation to the federal rural community fire 12,763
protection program established under the "Cooperative Forestry 12,764
Assistance Act of 1978," 92 Stat. 365, 16 U.S.C.A. 2101, as 12,765
amended. 12,766
As used in this section, "firefighting agency" and "private 12,768
fire company" have the same meanings as in section 9.60 of the 12,769
Revised Code. 12,770
Sec. 1506.21. (A) There is hereby created the Ohio Lake 12,779
Erie commission, consisting of the directors of environmental 12,780
protection, natural resources, health, agriculture, and 12,781
transportation, or their designees, as members ex officio. The 12,782
members of the commission annually shall designate a chairman 12,783
CHAIRPERSON, who shall preside at the meetings of the commission, 12,785
and a secretary. The offices of chairman and secretary shall 12,787
rotate among the members annually. 12,788
The commission shall hold at least one meeting every three 12,790
months. The secretary of the commission shall keep a record of 12,792
its proceedings. Special meetings shall be held at the call of 12,793
the chairman CHAIRPERSON or upon the request of four members of 12,794
the commission. All meetings and records of the commission shall 12,795
be open to the public. Three members of the commission 12,796
285
constitute a quorum. The agencies represented on the commission 12,797
shall furnish clerical, technical, and other services required by 12,798
the commission in the performance of its duties. 12,799
(B) The commission shall do all of the following: 12,801
(1) Ensure the coordination of state and local policies 12,803
and programs pertaining to Lake Erie water quality, toxic 12,804
pollution control, and resource protection; 12,805
(2) Review, and make recommendations concerning, the 12,807
development and implementation of policies, programs, and issues 12,808
for long-term, comprehensive protection of Lake Erie water 12,809
resources and water quality that are consistent with the great 12,810
lakes water quality agreement and the great lakes toxic 12,811
substances control agreement; 12,812
(3) Recommend policies and programs to modify the coastal 12,814
management program of this state; 12,815
(4) At each regular meeting, consider matters relating to 12,817
the implementation of sections 1506.22 and 1506.23 of the Revised 12,818
Code; 12,819
(5) Publish and submit the Lake Erie protection agenda in 12,821
accordance with division (C) of section 1506.23 of the Revised 12,822
Code; 12,823
(6) Ensure the implementation of a basinwide approach to 12,825
Lake Erie issues; 12,826
(7) Increase representation of the interests of this state 12,828
in state, regional, national, and international forums pertaining 12,829
to the resources and water quality of Lake Erie and the Lake Erie 12,830
basin; 12,831
(8) Promote education concerning the wise management of 12,833
the resources of Lake Erie; 12,834
(9) Establish public advisory councils as considered 12,836
necessary to assist in programs established under this section 12,837
and sections 1506.22 and 1506.23 of the Revised Code. Members of 12,838
the public advisory councils shall represent a broad cross 12,839
section of interests, shall have experience or expertise in the 12,840
286
subject for which the advisory council was established, and shall 12,841
serve without compensation. 12,842
(10) Prepare and submit the report required under division 12,844
(D) of section 1506.23 of the Revised Code. 12,845
(C) Each state agency, upon the request of the commission, 12,847
shall cooperate in the implementation of this section and 12,848
sections 1506.22 and 1506.23 of the Revised Code. 12,849
Sec. 1506.22. (A) Except as provided in division (B) of 12,858
this section, the department of natural resources STATE AGENCY 12,859
WHOSE DIRECTOR HAS BEEN DESIGNATED TO ADMINISTER THE LAKE ERIE 12,860
PROTECTION FUND UNDER SECTION 1506.23 OF THE REVISED CODE is 12,861
hereby designated the lead agency for the implementation in this 12,862
state of the purposes of the great lakes protection fund, a 12,863
regional trust fund established by the great lakes states to 12,864
advance the principles, goals, and objectives of the great lakes 12,865
toxic substances control agreement and the great lakes water 12,866
quality agreement, as they may be revised and amended. 12,867
(B) The governor shall appoint two members from this state 12,869
to the board of directors of the great lakes protection fund as 12,870
provided in the bylaws and articles of incorporation of the fund. 12,871
Of the initial appointments made to the board, one shall serve 12,872
for a term of one year and one shall serve for a term of two 12,873
years; thereafter, the members of the board of directors from 12,874
this state shall serve for terms of two years. The governor may 12,875
remove any member at any time as provided in the bylaws and 12,876
articles of incorporation of the fund. In the event of a 12,877
vacancy, the governor shall appoint a successor to hold office 12,878
for the remainder of the term for which his THE MEMBER'S 12,879
predecessor was appointed. Any member shall continue in office 12,881
subsequent to the expiration date of his THE MEMBER'S term until 12,882
his THE MEMBER'S successor takes office or until a period of 12,884
sixty days has elapsed, whichever occurs first.
Membership on the board does not constitute holding a 12,886
public office or position of employment under the laws of this 12,887
287
state and is not grounds for removal of public officers or 12,888
employees from their offices or positions of employment. 12,889
Members of the board from this state shall receive no 12,891
compensation, but shall be reimbursed for their actual and 12,892
necessary expenses incurred in the performance of their official 12,893
duties. 12,894
Sec. 1506.23. (A) There is hereby created in the state 12,903
treasury the Lake Erie protection fund, which shall consist of 12,904
moneys awarded to the state from the great lakes protection fund, 12,905
moneys deposited into the fund from the issuance of Lake Erie 12,906
license plates under section 4503.52 of the Revised Code, AND 12,907
donations, gifts, bequests, and other moneys received for the 12,908
purposes of this section. The department of natural resources 12,909
shall administer the fund and NOT LATER THAN THE FIRST DAY OF 12,911
JUNE EACH YEAR, with the approval of the Ohio Lake Erie 12,912
commission created in section 1506.21 of the Revised Code SHALL
DESIGNATE ONE OF ITS MEMBERS TO ADMINISTER THE FUND AND, WITH THE 12,913
APPROVAL OF THE COMMISSION, may TO expend moneys from it THE FUND 12,915
for any of the following purposes: 12,916
(1) Accelerating the pace of research into the economic, 12,918
environmental, and human health effects of contamination of Lake 12,919
Erie and its tributaries; 12,920
(2) Funding cooperative research and data collection 12,922
regarding Lake Erie water quality and toxic contamination; 12,923
(3) Developing improved methods of measuring water quality 12,925
and establishing a firm scientific base for implementing a 12,926
basinwide system of water quality management for Lake Erie and 12,927
its tributaries; 12,928
(4) Supporting research to improve the scientific 12,930
knowledge on which protection policies are based and devising new 12,931
and innovative clean-up techniques for toxic contaminants; 12,932
(5) Supplementing, in a stable and predictable manner, 12,934
state commitments to policies and programs pertaining to Lake 12,935
Erie water quality and resource protection; 12,936
288
(6) Encouraging cooperation with and among leaders from 12,938
state legislatures, state agencies, political subdivisions, 12,939
business and industry, labor, institutions of higher education, 12,940
environmental organizations, and conservation groups within the 12,941
Lake Erie basin; 12,942
(7) Awarding of grants to any agency of the United States, 12,944
any state agency, as "agency" is defined in division (A)(2) of 12,945
section 111.15 of the Revised Code, any political subdivision, 12,946
any educational institution, or any nonprofit organization for 12,947
the development and implementation of projects and programs that 12,948
are designed to protect Lake Erie by reducing toxic contamination 12,949
of or improving water quality in Lake Erie; 12,950
(8) Expenses authorized by the Ohio Lake Erie commission 12,952
necessary to implement this chapter. 12,953
(B) Moneys in the Lake Erie protection fund are not 12,955
intended to replace other moneys expended by any agency of the 12,956
United States, any state agency, as "agency" is so defined, any 12,957
political subdivision, any educational institution, or any 12,958
nonprofit organization for projects and programs that are 12,959
designed to protect Lake Erie by reducing toxic contamination of 12,960
or improving water quality in Lake Erie. 12,961
(C) Each March, the Ohio Lake Erie commission shall 12,963
publish a Lake Erie protection agenda that describes proposed 12,964
uses of the Lake Erie protection fund for the following state 12,965
fiscal year. The agenda shall be the subject of at least one 12,966
public meeting of the commission held in the Lake Erie basin. The 12,968
commission shall submit the agenda to the governor, the president 12,969
of the senate, and the speaker of the house of representatives. 12,970
(D) Not later than September 1, 1991, and annually 12,972
thereafter, the Lake Erie commission shall prepare a report of 12,973
the activities that were undertaken by the commission under this 12,974
section during the immediately preceding fiscal year, including, 12,975
without limitation, revenues and expenses for the preceding 12,976
fiscal year. The commission shall submit the report to the 12,977
289
governor, the president of the senate, and the speaker of the 12,978
house of representatives. 12,979
Sec. 1506.24. (A) THERE IS HEREBY CREATED IN THE STATE 12,988
TREASURY THE LAKE ERIE RESOURCES FUND, WHICH SHALL CONSIST OF 12,990
MONEYS AWARDED TO THE STATE FROM THE GREAT LAKES PROTECTION FUND
AND DONATIONS, GIFTS, BEQUESTS, AND OTHER MONEYS RECEIVED FOR THE 12,991
PURPOSES OF THIS SECTION. NOT LATER THAN THE FIRST DAY OF JUNE 12,992
EACH YEAR, THE OHIO LAKE ERIE COMMISSION CREATED IN SECTION 12,994
1506.21 OF THE REVISED CODE SHALL DESIGNATE ONE OF ITS MEMBERS TO 12,995
ADMINISTER THE FUND AND, WITH THE APPROVAL OF THE COMMISSION, TO 12,996
EXPEND MONEYS FROM THE FUND FOR ANY OF THE FOLLOWING PURPOSES: 12,997
(1) ACCELERATING THE PACE OF RESEARCH INTO THE ECONOMIC, 12,999
ENVIRONMENTAL, AND HUMAN HEALTH EFFECTS OF CONTAMINATION OF LAKE 13,000
ERIE AND ITS TRIBUTARIES; 13,001
(2) FUNDING COOPERATIVE RESEARCH AND DATA COLLECTION 13,003
REGARDING LAKE ERIE WATER QUALITY AND TOXIC CONTAMINATION; 13,004
(3) DEVELOPING IMPROVED METHODS OF MEASURING WATER QUALITY 13,006
AND ESTABLISHING A FIRM SCIENTIFIC BASE FOR IMPLEMENTING A 13,007
BASINWIDE SYSTEM OF WATER QUALITY MANAGEMENT FOR LAKE ERIE AND 13,009
ITS TRIBUTARIES; 13,010
(4) SUPPORTING RESEARCH TO IMPROVE THE SCIENTIFIC 13,012
KNOWLEDGE ON WHICH PROTECTION POLICIES ARE BASED AND DEVISING NEW 13,013
AND INNOVATIVE CLEAN-UP TECHNIQUES FOR TOXIC CONTAMINANTS; 13,014
(5) SUPPLEMENTING, IN A STABLE AND PREDICTABLE MANNER, 13,016
STATE COMMITMENTS TO POLICIES AND PROGRAMS PERTAINING TO LAKE 13,018
ERIE WATER QUALITY AND RESOURCE PROTECTION;
(6) ENCOURAGING COOPERATION WITH AND AMONG LEADERS FROM 13,020
STATE LEGISLATURES, STATE AGENCIES, POLITICAL SUBDIVISIONS, 13,021
BUSINESS AND INDUSTRY, LABOR, INSTITUTIONS OF HIGHER EDUCATION, 13,022
ENVIRONMENTAL ORGANIZATIONS, AND CONSERVATION GROUPS WITHIN THE 13,024
LAKE ERIE BASIN;
(7) AWARDING OF GRANTS TO ANY AGENCY OF THE UNITED STATES, 13,027
ANY STATE AGENCY, AS "AGENCY" IS DEFINED IN DIVISION (A)(2) OF 13,028
SECTION 111.15 OF THE REVISED CODE, ANY POLITICAL SUBDIVISION, 13,030
290
ANY EDUCATIONAL INSTITUTION, OR ANY NONPROFIT ORGANIZATION FOR 13,031
THE DEVELOPMENT AND IMPLEMENTATION OF PROJECTS AND PROGRAMS THAT 13,032
ARE DESIGNED TO PROTECT LAKE ERIE BY REDUCING TOXIC CONTAMINATION 13,034
OF OR IMPROVING WATER QUALITY IN LAKE ERIE; 13,035
(8) EXPENSES AUTHORIZED BY THE OHIO LAKE ERIE COMMISSION 13,038
NECESSARY TO IMPLEMENT THIS CHAPTER. 13,039
(B) MONEYS IN THE LAKE ERIE RESOURCES FUND ARE NOT 13,042
INTENDED TO REPLACE OTHER MONEYS EXPENDED BY ANY AGENCY OF THE 13,044
UNITED STATES, ANY STATE AGENCY, AS "AGENCY" IS SO DEFINED, ANY 13,045
POLITICAL SUBDIVISION, ANY EDUCATIONAL INSTITUTION, OR ANY 13,046
NONPROFIT ORGANIZATION FOR PROJECTS AND PROGRAMS THAT ARE 13,047
DESIGNED TO PROTECT LAKE ERIE BY REDUCING TOXIC CONTAMINATION OF 13,049
OR IMPROVING WATER QUALITY IN LAKE ERIE. 13,050
(C) EACH MARCH, THE OHIO LAKE ERIE COMMISSION SHALL 13,053
PUBLISH A LAKE ERIE PROTECTION AGENDA THAT DESCRIBES PROPOSED 13,055
USES OF THE LAKE ERIE RESOURCES FUND FOR THE FOLLOWING STATE 13,056
FISCAL YEAR. THE AGENDA SHALL BE THE SUBJECT OF AT LEAST ONE 13,057
PUBLIC MEETING OF THE COMMISSION HELD IN THE LAKE ERIE BASIN. THE 13,060
COMMISSION SHALL SUBMIT THE AGENDA TO THE GOVERNOR, THE PRESIDENT 13,061
OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 13,062
(D) ANNUALLY THE LAKE ERIE COMMISSION SHALL PREPARE A 13,065
REPORT OF THE ACTIVITIES THAT WERE UNDERTAKEN BY THE COMMISSION 13,066
UNDER THIS SECTION DURING THE IMMEDIATELY PRECEDING FISCAL YEAR, 13,067
INCLUDING, WITHOUT LIMITATION, REVENUES AND EXPENSES FOR THE 13,068
PRECEDING FISCAL YEAR. THE COMMISSION SHALL SUBMIT THE REPORT TO 13,069
THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE 13,070
HOUSE OF REPRESENTATIVES. 13,071
Sec. 1513.29. There is hereby created the council on 13,080
unreclaimed strip mined lands. Its members are the chief of the 13,081
division of mines and reclamation, four persons appointed by the 13,082
director of natural resources, two members of the house of 13,083
representatives appointed by the speaker of the house of 13,084
representatives, one member of the house of representatives 13,085
appointed by the minority leader of the house of representatives, 13,086
291
two members of the senate appointed by the president of the 13,087
senate, and one member of the senate appointed by the minority 13,088
leader of the senate.
Members who are members of the general assembly shall serve 13,090
terms of four years or until their legislative terms end, 13,091
whichever is sooner. Members appointed by the director shall 13,092
serve terms of four years, except that the terms of the first 13,093
four members shall be for two and four years, as designated by 13,094
the director. Any vacancy in the office of a member of the 13,095
council shall be filled by the appointing authority for the 13,097
unexpired term of the member whose office will be vacant. The 13,098
appointing authority may at any time remove a member of the 13,099
council for misfeasance, nonfeasance, malfeasance, or conflict of 13,101
interest in office. 13,102
The council shall hold at least four regular quarterly 13,104
meetings each year. Special meetings may be held at the call of 13,105
the chairperson or a majority of the members. The council shall 13,107
annually elect from among its members a chairperson, a 13,108
vice-chairperson, and a secretary to keep a record of its 13,110
proceedings. 13,111
The council shall gather information, study, and make 13,113
recommendations concerning the number of acres, location, 13,114
ownership, condition, environmental damage resulting from the 13,115
condition, cost of acquiring, reclaiming, and possible future 13,116
uses and value of eroded lands within the state, including land 13,117
affected by strip mining for which no cash is held in the strip 13,118
mining reclamation fund. 13,119
The council may employ such staff and hire such consultants 13,122
as necessary to perform its duties. Members appointed by the 13,123
director and, notwithstanding section 101.26 of the Revised Code, 13,124
members who are members of the general assembly, when engaged in 13,125
their official duties as members of the council, shall be 13,126
compensated on a per diem basis in accordance with division (J) 13,127
of section 124.15 of the Revised Code. Members shall be 13,128
292
reimbursed for their necessary expenses. Expenses incurred by 13,129
the council and compensation provided under this section shall be 13,131
paid by the chief of the division of mines and reclamation from 13,132
the coal mining administration and reclamation reserve 13,133
UNRECLAIMED LANDS fund CREATED IN SECTION 1513.30 OF THE REVISED 13,134
CODE.
The council shall report its findings and recommendations 13,136
to the governor and the general assembly not later than January 13,137
1, 1974, and biennially thereafter. 13,138
Sec. 1513.30. There is hereby created in the state 13,147
treasury the unreclaimed lands fund, to be administered by the 13,148
chief of the division of mines and reclamation and used for the 13,149
purpose of reclaiming land, public or private, LAND affected by 13,150
mining or controlling mine drainage, for which no cash is held in 13,151
the strip mining reclamation fund created in section 1513.18 of 13,152
the Revised Code or the surface mining reclamation fund created 13,153
in section 1514.06 of the Revised Code, AND ALSO FOR THE PURPOSE 13,154
OF PAYING THE EXPENSES AND COMPENSATION OF THE COUNCIL ON 13,155
UNRECLAIMED STRIP MINED LANDS AS REQUIRED BY SECTION 1513.29 OF 13,156
THE REVISED CODE.
In order to direct expenditures from the unreclaimed lands 13,158
fund toward reclamation projects that fulfill priority needs and 13,159
provide the greatest public benefits, the chief shall 13,160
periodically submit to the council on unreclaimed strip mined 13,162
lands project proposals to be financed from the unreclaimed lands 13,163
fund, together with benefit and cost data and other pertinent 13,164
information. For the purpose of selecting project areas and 13,165
determining the boundaries of project areas, the council shall 13,167
consider the feasibility, cost, and public benefits of reclaiming 13,168
the areas, their potential for being mined, the availability of 13,169
federal or other financial assistance for reclamation, and the 13,170
geographic distribution of project areas to ensure fair 13,171
distribution among affected areas. 13,172
The council shall give priority to areas where there is 13,174
293
little or no likelihood that the area will be mined within the 13,175
foreseeable future, reclamation is feasible at reasonable cost 13,176
with available funds, and either OF THE FOLLOWING APPLIES: 13,177
(A) The pollution of the waters of the state and damage to 13,179
adjacent property are most severe and widespread. 13,180
(B) Reclamation will make possible public uses for soil, 13,182
water, forest, or wildlife conservation or public recreation 13,183
purposes, will facilitate orderly commercial or industrial site 13,184
development, or will facilitate the use or improve the enjoyment 13,185
of nearby public conservation or recreation lands. 13,186
At least two weeks before any meeting of the council on 13,188
unreclaimed strip mined lands at which the chief will submit a 13,189
project proposal, a project area will be selected, or the 13,190
boundaries of a project area will be determined, the chief shall 13,191
mail notice by first class mail to the board of county 13,192
commissioners of the county and the board of township trustees of 13,193
the township in which the proposed project lies and the chief 13,194
executive and the legislative authority of each municipal 13,195
corporation within the proposed project area. The chief shall 13,196
also SHALL give reasonable notice to the news media in the county 13,197
where the proposed project lies. 13,198
Expenditures from the unreclaimed lands fund FOR 13,200
RECLAMATION PROJECTS may be made only for reclamation projects 13,201
that are within the boundaries of project areas approved by the 13,203
council, and expenditures for a particular project may not exceed 13,205
any applicable limits set by the council. Expenditures from the 13,206
unreclaimed lands fund shall be made by the chief, with the 13,208
approval of the director of natural resources. 13,209
The controlling board may transfer excess funds from the 13,211
oil and gas well plugging fund, after recommendation by the 13,212
council on unreclaimed strip mined lands, to meet deficiencies in 13,214
the unreclaimed lands fund. 13,215
The chief may expend an amount not to exceed twenty per 13,217
cent of the moneys credited annually by the treasurer of state to 13,218
294
the unreclaimed lands fund for the purpose of administering the 13,219
unreclaimed lands fund. 13,220
Sec. 1515.09. The supervisors of a soil and water 13,230
conservation district may employ assistants and such other 13,231
employees as they consider necessary and may provide for the 13,232
payment of the reasonable compensation of such assistants and 13,233
employees and expenses incurred by them in the discharge of their 13,234
duties from the special fund established for the district 13,235
pursuant to section 1515.10 of the Revised Code. 13,236
District employees shall be ARE entitled to the sick leave 13,238
benefits that are provided in section 124.38 of the Revised Code 13,239
and the vacation leave benefits that are provided in section 13,240
325.19 of the Revised Code AND ARE ENTITLED TO PARTICIPATE IN THE 13,241
SICK LEAVE DONATION PROGRAM ESTABLISHED UNDER SECTION 1515.091 OF 13,242
THE REVISED CODE.
The supervisors may designate the amounts and forms of 13,244
other benefits, including insurance protection, to be provided to 13,245
employees and may make payments of benefits from the district 13,246
fund that is created with moneys accepted by the supervisors in 13,247
accordance with division (E) of section 1515.08 of the Revised 13,248
Code or from the special fund created pursuant to section 1515.10 13,249
of the Revised Code. The board of county commissioners may make 13,250
payments of benefits that are provided under this section. 13,251
The supervisors may purchase such materials, equipment, and 13,253
supplies, may lease such equipment, and may rent, purchase, or 13,254
construct, and maintain, such offices, and provide for such 13,256
equipment and supplies therefor, as they consider necessary and 13,257
may pay for the same from the special fund established for the 13,258
district pursuant to section 1515.10 of the Revised Code. 13,259
Until June 1, 1996, the supervisors may enter into service 13,261
agreements with a board of county commissioners under sections 13,262
307.14 to 307.19 of the Revised Code and similar agreements with 13,263
a board of township trustees for the use or services of equipment 13,264
or personnel of the county or township for control of multiflora 13,265
295
rose growing outside highway boundaries. However, any such 13,266
agreement for the use or services of equipment or personnel 13,267
funded by moneys derived from fees, excises, or license taxes 13,268
relating to registration, operation, or use of motor vehicles on 13,269
public highways, or to fuels used for propelling such vehicles, 13,270
shall require the supervisors to pay to the board of county 13,271
commissioners or township trustees the entire cost of the 13,272
services provided by the equipment and personnel, including, 13,273
without limitation, the costs of labor, materials, and operation 13,274
and depreciation of the equipment. The supervisors may pay the 13,275
costs incurred under such service agreements from the special 13,276
fund for the district created pursuant to section 1515.10 of the 13,277
Revised Code. 13,278
Sec. 1515.091. (A) AS USED IN THIS SECTION: 13,281
(1) "RECEIVING EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 13,284
WATER CONSERVATION DISTRICT WHO RECEIVES DONATED SICK LEAVE AS 13,285
AUTHORIZED BY THIS SECTION. 13,286
(2) "DONATING EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 13,288
WATER CONSERVATION DISTRICT WHO DONATES SICK LEAVE AS AUTHORIZED 13,289
BY THIS SECTION. 13,290
(3) "PAID LEAVE" HAS THE SAME MEANING AS IN SECTION 13,292
124.391 OF THE REVISED CODE. 13,294
(B)(1) AN EMPLOYEE OF A SOIL AND WATER CONSERVATION 13,297
DISTRICT IS ELIGIBLE TO BECOME A RECEIVING EMPLOYEE IF THE 13,298
EMPLOYEE IS A FULL-TIME, REGULAR EMPLOYEE WHO HAS COMPLETED THE 13,299
PRESCRIBED PROBATIONARY PERIOD, HAS USED UP ALL ACCRUED PAID 13,300
LEAVE, AND HAS BEEN PLACED ON AN APPROVED, UNPAID, 13,301
MEDICAL-RELATED LEAVE OF ABSENCE FOR A PERIOD OF AT LEAST THIRTY 13,302
WORKING DAYS BECAUSE OF THE EMPLOYEE'S OWN SERIOUS ILLNESS OR 13,303
BECAUSE OF A SERIOUS ILLNESS OF A MEMBER OF THE EMPLOYEE'S 13,304
IMMEDIATE FAMILY.
(2) AN EMPLOYEE WHO DESIRES TO BECOME A RECEIVING EMPLOYEE 13,307
SHALL SUBMIT TO THE BOARD OF SUPERVISORS OF THE EMPLOYING SOIL 13,308
AND WATER CONSERVATION DISTRICT, ALONG WITH A SATISFACTORY 13,309
296
PHYSICIAN'S CERTIFICATION, A WRITTEN REQUEST FOR DONATED SICK 13,310
LEAVE. THE BOARD OF SUPERVISORS SHALL DETERMINE WHETHER THE 13,311
EMPLOYEE IS ELIGIBLE TO BECOME A RECEIVING EMPLOYEE, AND SHALL 13,313
APPROVE THE REQUEST IF IT DETERMINES THE EMPLOYEE IS ELIGIBLE. 13,314
(C)(1) A BOARD OF SUPERVISORS THAT APPROVES A REQUEST FOR 13,317
AN EMPLOYEE TO BECOME A RECEIVING EMPLOYEE SHALL FORWARD THE 13,318
APPROVED APPLICATION TO A COMMITTEE THAT THE OHIO ASSOCIATION OF 13,320
SOIL AND WATER CONSERVATION DISTRICT EMPLOYEES SHALL APPOINT TO 13,321
ACT AS A CLEARINGHOUSE FOR THE DONATION OF SICK LEAVE UNDER THIS 13,322
SECTION. THE COMMITTEE SHALL POST NOTICE FOR NOT LESS THAN TEN 13,323
DAYS INFORMING ALL EMPLOYEES OF SOIL AND WATER CONSERVATION 13,324
DISTRICTS THROUGHOUT THE STATE THAT IT HAS RECEIVED AN APPROVED 13,325
APPLICATION TO BECOME A RECEIVING EMPLOYEE.
(2) A SOIL AND WATER CONSERVATION DISTRICT EMPLOYEE 13,327
DESIRING TO BECOME A DONATING EMPLOYEE SHALL COMPLETE AND SUBMIT 13,328
A SICK LEAVE DONATION FORM TO THE EMPLOYEE'S IMMEDIATE SUPERVISOR 13,330
WITHIN TWENTY DAYS AFTER THE DATE OF THE INITIAL POSTING OF THE
NOTICE DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. IF THE 13,331
BOARD OF SUPERVISORS OF THE EMPLOYING DISTRICT OF AN EMPLOYEE 13,333
DESIRING TO BECOME A DONATING EMPLOYEE APPROVES THE SICK LEAVE 13,334
DONATION, THE BOARD SHALL FORWARD TO THE COMMITTEE, TOGETHER WITH 13,335
A CHECK EQUAL TO THE TOTAL VALUE OF THE SICK LEAVE DONATION, A 13,336
COPY OF THE SICK LEAVE DONATION FORM, AND THE BOARD SHALL NOTIFY 13,337
THE RECEIVING EMPLOYEE REGARDING THE DONATION. 13,338
(D) IF THE COMMITTEE DESCRIBED IN DIVISION (C)(1) OF THIS 13,341
SECTION RECEIVES A SICK LEAVE DONATION FORM AND A CHECK FROM A 13,342
BOARD OF SUPERVISORS, THE COMMITTEE SHALL DEPOSIT THE CHECK INTO 13,343
AN ACCOUNT THAT IT SHALL ESTABLISH TO BE USED TO DISPENSE FUNDS 13,344
TO THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. THE COMMITTEE 13,345
SHALL NOTIFY THE BOARD OF SUPERVISORS OF THE EMPLOYING DISTRICT 13,346
OF A RECEIVING EMPLOYEE OF THE AMOUNT OF SICK LEAVE DONATED. THE 13,348
BOARD OF SUPERVISORS SHALL BILL THE COMMITTEE DURING EACH PAY 13,349
PERIOD FOR THE RECEIVING EMPLOYEE'S GROSS HOURLY WAGES IN AN 13,350
AMOUNT THAT DOES NOT EXCEED THE AMOUNT DONATED TO THE RECEIVING 13,351
297
EMPLOYEE. THE BOARD OF SUPERVISORS, WITH THE APPROVAL OF THE 13,352
COUNTY AUDITOR, SHALL PROVIDE FOR THE DEPOSIT INTO ITS 13,353
APPROPRIATE PAYROLL ACCOUNT OF ANY PAYMENTS IT RECEIVES FOR THE 13,354
BENEFIT OF A RECEIVING EMPLOYEE.
(E) THE DONATION AND RECEIPT OF SICK LEAVE UNDER THIS 13,357
SECTION IS SUBJECT TO ALL OF THE FOLLOWING: 13,358
(1) ALL DONATIONS OF SICK LEAVE SHALL BE VOLUNTARY. 13,361
(2) A DONATING EMPLOYEE IS ELIGIBLE TO DONATE NOT LESS 13,363
THAN EIGHT HOURS AND NOT MORE THAN EIGHTY HOURS OF SICK LEAVE 13,364
DURING THE SAME CALENDAR YEAR. 13,365
(3) THE VALUE OF AN HOUR OF SICK LEAVE DONATED IS THE 13,367
VALUE OF THE DONATING EMPLOYEE'S GROSS HOURLY WAGE. THE NUMBER 13,368
OF HOURS RECEIVED BY A RECEIVING EMPLOYEE FROM A DONATING 13,369
EMPLOYEE SHALL BE A NUMBER THAT, WHEN MULTIPLIED BY THE RECEIVING 13,371
EMPLOYEE'S GROSS HOURLY WAGE, EQUALS THE AMOUNT RESULTING WHEN 13,372
THE DONATING EMPLOYEE'S GROSS HOURLY WAGE IS MULTIPLIED BY THE 13,373
NUMBER OF HOURS OF SICK LEAVE DONATED.
(4) NO PAID LEAVE SHALL ACCRUE TO A RECEIVING EMPLOYEE FOR 13,376
ANY COMPENSATION RECEIVED THROUGH DONATED SICK LEAVE, AND THE
RECEIPT OF DONATED SICK LEAVE DOES NOT AFFECT THE DATE ON WHICH A 13,378
RECEIVING EMPLOYEE FIRST QUALIFIES FOR CONTINUATION OF HEALTH
INSURANCE COVERAGE. 13,379
(5) IF A RECEIVING EMPLOYEE DOES NOT USE ALL DONATED SICK 13,381
LEAVE DURING THE PERIOD OF THE EMPLOYEE'S LEAVE OF ABSENCE, THE 13,382
UNUSED BALANCE SHALL BE RETURNED, WITHIN THREE MONTHS AFTER THE 13,383
END OF THE LEAVE OF ABSENCE AND ON A PRORATED BASIS, TO EACH 13,384
DONATING EMPLOYEE WHO DONATED SICK LEAVE TO THE RECEIVING 13,385
EMPLOYEE. 13,386
Sec. 1517.11. There is hereby created in the state 13,395
treasury the natural areas and preserves fund, which shall 13,396
consist of moneys transferred into it under section 5747.113 of 13,397
the Revised Code and of contributions made directly to it. Any 13,398
person may contribute directly to the fund in addition to or 13,399
independently of the income tax refund contribution system 13,400
298
established in that section. Moneys 13,401
MONEYS in the fund shall be disbursed pursuant to vouchers 13,404
approved by the director of natural resources for use by the 13,405
division of natural areas and preserves solely for the 13,406
identification, protection, conservation, and management of 13,407
endangered plants and for the identification, FOLLOWING PURPOSES: 13,408
(A) THE acquisition, and management of natural areas, NEW 13,411
OR EXPANDED NATURAL AREAS, NATURE PRESERVES, AND wild, scenic, 13,412
and recreational river areas, and endangered species habitat; 13,413
(B) FACILITY DEVELOPMENT IN NATURAL AREAS, NATURE 13,415
PRESERVES, AND WILD, SCENIC, AND RECREATIONAL RIVER AREAS; 13,416
(C) SPECIAL PROJECTS, INCLUDING, BUT NOT LIMITED TO, 13,418
BIOLOGICAL INVENTORIES, RESEARCH GRANTS, AND THE PRODUCTION OF 13,419
INTERPRETIVE MATERIAL RELATED TO NATURAL AREAS, NATURE PRESERVES, 13,420
AND WILD, SCENIC, AND RECREATIONAL RIVER AREAS. Moneys 13,421
MONEYS appropriated from the fund are SHALL not intended to 13,424
replace other moneys appropriated for these purposes BE USED TO 13,425
FUND SALARIES OF PERMANENT EMPLOYEES, ADMINISTRATIVE COSTS, OR
ROUTINE MAINTENANCE. All 13,427
ALL investment earnings of the fund shall be credited to 13,429
the fund. 13,430
Sec. 1555.09. FOR MEETINGS OF THE COMMISSIONERS OF THE 13,433
SINKING FUND PERTAINING TO OBLIGATIONS UNDER THIS CHAPTER, EACH 13,434
OF THE COMMISSIONERS MAY DESIGNATE AN EMPLOYEE OR OFFICER OF THAT 13,435
COMMISSIONER'S OFFICE TO ATTEND MEETINGS WHEN THAT COMMISSIONER 13,436
IS ABSENT FOR ANY REASON. THE DESIGNEE, WHEN PRESENT, SHALL BE 13,437
COUNTED IN DETERMINING WHETHER A QUORUM IS PRESENT AT A MEETING, 13,438
AND MAY VOTE AND PARTICIPATE AT THE MEETING IN ALL PROCEEDINGS
AND ACTIONS OF THE COMMISSIONERS PERTAINING TO THE OBLIGATIONS. 13,439
HOWEVER, THE DESIGNEE SHALL NOT EXECUTE OR CAUSE A FACSIMILE OF 13,440
THE DESIGNEE'S SIGNATURE TO BE PLACED ON ANY OBLIGATION, OR 13,441
EXECUTE ANY TRUST AGREEMENT OR INDENTURE OF THE COMMISSIONERS. 13,442
A COMMISSIONER SHALL EXECUTE A DESIGNATION UNDER THIS 13,444
SECTION IN WRITING AND SHALL FILE THE WRITTEN DESIGNATION WITH 13,445
299
THE SECRETARY OF THE BOARD OF COMMISSIONERS. A COMMISSIONER MAY 13,446
CHANGE THE DESIGNATION BY EXECUTING AND FILING WITH THE SECRETARY 13,447
ANOTHER WRITTEN DESIGNATION.
Sec. 1557.06. (A) The parks and natural resources local 13,456
assistance grant program is hereby established to provide grants 13,457
to local government entities for capital improvements for the 13,458
acquisition, construction, reconstruction, expansion, 13,459
improvement, planning, and equipping of capital projects that 13,460
enhance the use and enjoyment of natural resources by 13,461
individuals. Such projects include, but are not limited to, the 13,462
acquisition of lands, facilities, and waters for public 13,463
recreation, or for the preservation of wetlands or unique 13,464
habitats; the development, construction, reconstruction, 13,465
expansion, or rehabilitation of recreation areas and facilities; 13,466
and projects to provide public park and recreation opportunities 13,467
by improving public access or safety. Grants shall not be 13,468
awarded for administrative, operating, or maintenance costs; or 13,469
for areas, facilities, or structures for athletics, arts, 13,470
historic sites, or other purposes, that are not used primarily 13,471
for public recreation. 13,472
The director of natural resources shall administer the 13,474
parks and natural resources local assistance grant program in 13,475
accordance with procedures and criteria that the director shall 13,477
develop with the approval of the recreation and resources
council. 13,478
(B) Grants awarded under this section may provide up to 13,480
seventy-five per cent of the total project costs approved by the 13,481
director. At least twenty per cent of such costs must be 13,482
provided by the grant recipient from nonstate, nonfederal 13,483
sources. Local government entities may apply for grants 13,484
individually or jointly. 13,485
(C) The criteria developed for the administration of the 13,487
program shall require a local government entity receiving a grant 13,488
for a project under this section to have sufficient real property 13,489
300
interests in the project for the purposes of the obligations 13,490
issued under this chapter, and shall require that the projects be 13,491
retained and used in a manner consistent with the purposes of 13,492
Section 2l of Article VIII, Ohio Constitution. 13,493
(D) The director shall allocate to each county a portion 13,495
of the proceeds of the first two hundred million dollars 13,496
principal amount in obligations issued under this chapter, for 13,497
projects of local government entities within each such county. 13,498
The director shall determine each county's allocation by 13,499
calculating both of the following for each county: 13,500
(1) Its per capita share of forty million dollars; 13,502
(2) Its per capita share of thirty million dollars plus 13,504
one hundred thirteen thousand six hundred thirty-six dollars. 13,505
The larger of the amount calculated under division (D)(1) 13,507
or (2) of this section for each county shall be that county's 13,508
allocation, and whatever percentage of the first two hundred 13,509
million dollars principal amount in obligations issued under this 13,510
chapter that is necessary to satisfy the requirements of this 13,511
division (D) OF THIS SECTION, shall be so allocated. 13,512
(E) THE DIRECTOR SHALL ALLOCATE TO EACH COUNTY A PORTION 13,515
OF TWENTY PER CENT OF THE PROCEEDS IN EXCESS OF THE FIRST TWO 13,516
HUNDRED MILLION DOLLARS PRINCIPAL AMOUNT IN OBLIGATIONS ISSUED 13,517
UNDER THIS CHAPTER, FOR PROJECTS OF LOCAL GOVERNMENT ENTITIES 13,518
WITHIN EACH COUNTY. THE DIRECTOR SHALL DETERMINE EACH COUNTY'S 13,519
ALLOCATION BY CALCULATING BOTH OF THE FOLLOWING AND COMBINING THE 13,520
AMOUNTS CALCULATED FOR EACH COUNTY: 13,521
(1) ONE-THIRD OF TWENTY PER CENT OF THE PROCEEDS TO BE 13,523
DIVIDED EQUALLY AMONG ALL OF THE COUNTIES; 13,524
(2) TWO-THIRDS OF TWENTY PER CENT OF THE PROCEEDS TO BE 13,526
DISTRIBUTED ON A PER CAPITA BASIS TO EACH COUNTY. 13,527
(F) ANY MONEYS GRANTED UNDER DIVISION (E) OF THIS SECTION 13,531
AND NOT OBLIGATED WITHIN A COUNTY AFTER TWO FUNDING CYCLES, AT 13,532
THE DISCRETION OF THE DIRECTOR, SHALL BE REALLOCATED TO PROJECTS 13,533
EITHER IN THE COUNTY TO WHICH THEY ORIGINALLY WERE ALLOCATED OR 13,534
301
IN OTHER COUNTIES DEMONSTRATING A NEED FOR THE FUNDS. 13,535
Sec. 1703.03. No foreign corporation not excepted from 13,544
sections 1703.01 to 1703.31, inclusive, of the Revised Code, 13,545
shall transact business in this state unless it holds an 13,547
unexpired and uncanceled license to do so issued by the secretary 13,548
of state. To procure and maintain such a license, a foreign
corporation shall file an application, pay a filing fee, file 13,549
annual reports, pay a license fee in initial and additional 13,551
installment, and comply with all other requirements of law 13,552
respecting the maintenance of such THE license as provided in 13,553
such THOSE sections.
Sec. 1703.05. When the application of a foreign 13,562
corporation for a license to transact business in this state has 13,563
been accepted for filing and the filing fee has been paid, the 13,564
secretary of state shall issue to such THE corporation a license 13,565
certificate authorizing it to transact business in this state, 13,566
subject to expiration or cancellation of such THE license as 13,567
provided by law, until it fails to pay installments of the 13,568
license fee as required by section 1703.11 of the Revised Code.
Sec. 1703.07. Each IF A foreign corporation for profit 13,577
licensed to transact business in this state, at the time 13,578
prescribed by law for the filing of its annual franchise or 13,579
excise tax report, shall file with the secretary of state, on a 13,581
form prescribed by the secretary of state, a report that is 13,582
verified by the oath of an authorized officer. The report shall 13,583
be accompanied by a filing fee of ten dollars, and that sets 13,584
forth, as of the date of the beginning of the current annual 13,585
accounting period of the corporation, all of the following: 13,586
(A) The location and address of the corporation's 13,588
principal office; 13,589
(B) The date of the beginning of its current annual 13,591
accounting period; 13,592
(C) The location and value of the property owned or used 13,594
by the corporation, as shown on its books, both within and 13,595
302
without the state, given separately, in either case exclusive of 13,596
good will carried as an asset on the books of the corporation; 13,597
(D) The total amount of business done by the corporation 13,599
during its preceding annual accounting period, both within and 13,600
without this state, given separately; 13,601
(E) The number of its issued shares; 13,603
(F) The name and address of the person to whom statements 13,605
of installments of license fees due may be mailed, which person 13,606
may be the same person as the designated agent of the 13,607
corporation, but notwithstanding the naming of such person, any 13,608
such statement may be mailed to such designated agent. 13,609
If, prior to the filing of an annual report under this 13,611
section, the corporation has amended its articles to change the 13,612
corporate title or has merged or consolidated with one or more 13,613
foreign or domestic corporations and has not filed a certificate 13,614
evidencing the change of corporate title, merger, or 13,615
consolidation with the secretary of state, it shall accompany its 13,616
annual report FILE with THE SECRETARY OF STATE a certificate 13,617
setting forth the new corporate title enacted by the amendment to 13,618
its articles or the fact of merger or consolidation, certified by 13,619
the secretary of state, or other proper official, of the state 13,620
under the laws of which the foreign corporation was incorporated. 13,622
The secretary of state, before filing a certificate 13,624
evidencing a foreign corporation's change of corporate title, 13,625
merger, or consolidation, shall charge and collect from the 13,626
foreign corporation an additional A filing fee of ten dollars. 13,627
Sec. 1703.08. A FOREIGN CORPORATION SHALL FILE A 13,630
CERTIFICATE OF AMENDMENT WITH THE SECRETARY OF STATE IF, IN 13,631
AMENDING ITS ARTICLES OF INCORPORATION, IT MODIFIES ANY OF THE 13,632
INFORMATION INCLUDED IN EITHER ITS APPLICATION FOR A LICENSE TO 13,633
TRANSACT BUSINESS IN THIS STATE OR ANY AMENDMENT TO THAT
APPLICATION. THE CERTIFICATE OF AMENDMENT SHALL DESCRIBE THE 13,634
MODIFICATION OF INFORMATION, INCLUDE A STATEMENT OF ITS ADOPTION 13,635
TOGETHER WITH A STATEMENT THAT THE CERTIFICATE SUPERSEDES THE 13,636
303
INFORMATION CURRENTLY ON FILE WITH THE SECRETARY OF STATE, AND BE 13,637
SIGNED BY AN AUTHORIZED OFFICER OF THE CORPORATION. THE 13,638
CERTIFICATE OF AMENDMENT SHALL ALSO BE ACCOMPANIED BY THE FILING 13,639
FEE SET FORTH IN DIVISION (B) OF SECTION 111.16 OF THE REVISED 13,640
CODE.
Sec. 1703.12. Upon the payment FILING of any installment 13,649
of the license fee AN AMENDMENT by a foreign corporation 13,650
INCREASING ITS NUMBER OF AUTHORIZED SHARES IN THIS STATE, the 13,651
secretary of state shall issue to the corporation a supplemental 13,652
license certificate setting forth the number of shares which THAT 13,653
the corporation is authorized to have represented in this state. 13,654
Sec. 1703.22. A certificate AN AMENDMENT changing the name 13,664
of a foreign corporation, certified by the secretary of state or 13,665
other proper official of the state under the laws of which the 13,666
corporation is incorporated, and showing its original as well as 13,667
its new name, may be filed for record with the county recorder of 13,668
any county when accompanied by a certificate from the secretary 13,669
of state of this state certifying that a certificate AN AMENDMENT 13,670
evidencing a change in the corporate name has been filed in his 13,671
THE SECRETARY OF STATE'S office. For such recording the recorder 13,672
shall charge and collect the same fee as provided for in division 13,673
(A) of section 317.32 of the Revised Code. 13,674
Sec. 1703.26. A foreign corporation LICENSED BEFORE THE 13,683
EFFECTIVE DATE OF THIS AMENDMENT AND HAVING AUTHORITY ON THAT 13,684
DATE TO TRANSACT BUSINESS IN THIS STATE may appeal from any 13,685
decision, finding, determination, or action by the secretary of 13,686
state under sections 1703.01 to 1703.31, inclusive, of the 13,688
Revised Code, to a board of review consisting of the auditor of 13,689
state, the treasurer of state, and the attorney general, OR THEIR 13,690
AUTHORIZED REPRESENTATIVES, by filing notice of such appeal with 13,692
the auditor of state. The auditor of state shall thereupon 13,693
notify the corporation of the date of the hearing before such THE 13,694
board at least ten days prior to the date of such THE hearing, 13,695
and at such THE hearing the corporation shall be entitled to be 13,696
304
heard. The decision of a majority of the members of such THE 13,697
board shall be final. The decision shall be in writing and shall 13,698
be transmitted to the secretary of state. The secretary of state
shall thereupon mail to the corporation a copy of such THE 13,699
decision. 13,700
If an appeal is taken from any determination by the 13,702
secretary of state of the number of such corporation's issued 13,704
shares represented in this state, the secretary of state shall 13,705
mail to the corporation a statement of the installment of the 13,706
license fee payable in accordance with the decision by the board 13,707
on such appeal, and such fee shall be payable within thirty days
after the mailing of such statement by the secretary of state. 13,708
Sec. 1703.27. No foreign nonprofit corporation shall 13,717
exercise its corporate privileges in this state in a continual 13,718
course of transactions until it has first procured from the 13,719
secretary of state a certificate authorizing it to do so. 13,720
Before issuing such certificate the secretary of state 13,722
shall require such foreign corporation to file in the secretary 13,723
of state's office a certificate of good standing or subsistence, 13,724
setting forth the exact corporate title, the date of 13,727
incorporation, and the fact that the corporation is in good 13,728
standing or is a subsisting corporation, certified by the 13,729
secretary of state, or other proper official, of the state under 13,730
the laws of which the corporation was incorporated, and a 13,731
statement, on a form prescribed by the secretary of state, 13,732
verified by the oath of one of its officers, setting forth, but 13,733
not limited to:
(A) The name of the corporation; 13,735
(B) The state under the laws of which it is incorporated; 13,737
(C) The location of its principal office; 13,739
(D) The corporate privileges it proposes to exercise in 13,741
this state; 13,742
(E) The location of its principal office in this state; 13,744
(F) The appointment of a designated agent and the complete 13,746
305
address of such agent; 13,747
(G) Its irrevocable consent to service of process on such 13,749
agent so long as the authority of such THE agent continues and to 13,751
service of process upon the secretary of state in the events 13,752
provided for in section 1703.19 of the Revised Code. 13,753
For the filing of such statement the secretary of state 13,755
shall charge and collect a fee of thirty-five dollars. 13,756
A FOREIGN NONPROFIT CORPORATION SHALL FILE AN AMENDMENT 13,758
WITH THE SECRETARY OF STATE IF THERE IS A MODIFICATION OF ANY OF 13,759
THE INFORMATION REQUIRED TO BE INCLUDED IN ITS STATEMENT. FOR 13,760
THE FILING OF SUCH AMENDMENT THE SECRETARY OF STATE SHALL CHARGE 13,761
AND COLLECT A FEE OF FIFTY DOLLARS.
Sections 1703.01 to 1703.31 of the Revised Code, governing 13,763
foreign corporations for profit in respect to exemption from 13,764
attachment, change of location of principal office, change of its 13,765
designated agent or of his THE DESIGNATED AGENT'S address, 13,766
service on the secretary of state, license certificate as 13,768
prima-facie evidence, proof of due incorporation, filing of 13,769
certificates AMENDMENTS evidencing changes of corporate name, 13,770
merger, or consolidation, filing of certificate of surrender, 13,771
service on retired corporation, and penalties or forfeitures for 13,772
transacting business without license, for false reports, and for 13,773
failure to comply with other applicable provisions of such 13,774
sections, shall also apply to foreign nonprofit corporations. 13,775
The secretary of state may require further reports, 13,777
certificates, or information from a foreign nonprofit 13,778
corporation, including verification of the continued existence of 13,779
the corporation. Upon the failure of any corporation to provide 13,780
the information, the secretary of state shall give notice of the 13,781
failure by certified mail and, if the report is not filed within 13,782
thirty days after the mailing of the notice, the license of the 13,783
corporation to exercise its corporate privileges in this state 13,784
shall expire and the secretary of state shall make a notation to 13,785
that effect on the secretary of state's records. 13,786
306
Sec. 1707.041. (A)(1) No control bid for any securities 13,795
of a subject company shall be made pursuant to a tender offer or 13,796
request or invitation for tenders until the offeror files with 13,797
the division of securities the information prescribed in division 13,798
(A)(2) of this section. The offeror shall deliver a copy of the 13,799
information specified in division (A)(2) of this section, by 13,800
personal service, to the subject company at its principal office 13,801
not later than the time of the filing with the division of 13,802
securities. The offeror shall send or deliver to all offerees in 13,803
this state, as soon as practicable after the filing, the material 13,804
terms of the proposed offer and the information specified in 13,805
division (A)(2) of this section. 13,806
(2) The information to be filed with the division of 13,808
securities, with the subject company, and with any other offeror, 13,809
pursuant to division (A)(1) of this section, shall include: 13,811
(a) Copies of all prospectuses, brochures, advertisements, 13,813
circulars, letters, or other matter by means of which the offeror 13,814
proposes to disclose to offerees all information material to a 13,815
decision to accept or reject the offer; 13,816
(b) The identity and background of all persons on whose 13,818
behalf the acquisition of any equity security of the subject 13,820
company has been or is to be effected;
(c) The source and amount of funds or other consideration 13,822
used or to be used in acquiring any equity security, including a 13,823
statement describing any securities, other than the existing 13,824
capital stock or long term debt of the offeror, which are being 13,825
offered in exchange for the equity securities of the subject 13,826
company; 13,827
(d) A statement of any plans or proposals that the 13,829
offeror, upon gaining control, may have to liquidate the subject 13,830
company, sell its assets, effect a merger or consolidation of it, 13,831
establish, terminate, convert, or amend employee benefit plans, 13,832
close any plant or facility of the subject company or of any of 13,833
its subsidiaries or affiliates, change or reduce the work force 13,834
307
of the subject company or any of its subsidiaries or affiliates, 13,835
or make any other major change in its business, corporate 13,836
structure, management personnel, or policies of employment; 13,837
(e) The number of shares of any equity security of the 13,839
subject company of which each offeror is beneficial or record 13,840
owner or has a right to acquire, directly or indirectly, together 13,841
with the name and address of each person defined in this section 13,842
as an offeror; 13,843
(f) Particulars as to any contracts, arrangements, or 13,845
understandings to which an offeror is party with respect to any 13,846
equity security of the subject company, including transfers of 13,847
any equity security, joint ventures, loan or option arrangements, 13,848
puts and calls, guarantees of loan, guarantees against loss, 13,849
guarantees of profits, division of losses or profits, or the 13,850
giving or withholding of proxies, naming the persons with whom 13,851
such contracts, arrangements, or understandings have been entered 13,852
into; 13,853
(g) Complete information on the organization and 13,855
operations of offeror, including the year of organization, the 13,856
form of organization, the jurisdiction in which it is organized, 13,857
a description of each class of the offeror's capital stock and of 13,858
its long term debt, financial statements for the current period 13,859
and for the three most recent annual accounting periods, a brief 13,860
description of the location and general character of the 13,861
principal physical properties of the offeror and its 13,862
subsidiaries, a description of pending legal proceedings other 13,863
than routine litigation to which the offeror or any of its 13,864
subsidiaries is a party or of which any of their property is the 13,865
subject, a brief description of the business done and projected 13,866
by the offeror and its subsidiaries and the general development 13,867
of such business over the past three years, the names of all 13,868
directors and executive officers together with biographical 13,869
summaries of each for the preceding three years to date, and the 13,870
approximate amount of any material interest, direct or indirect, 13,871
308
of any of the directors or officers in any material transaction 13,872
during the past three years, or in any proposed material 13,873
transactions, to which the offeror or any of its subsidiaries was 13,874
or is to be a party; 13,875
(h) Such other and further documents, exhibits, data, and 13,877
information as may be required by regulations of the division of 13,878
securities, or as may be necessary to make fair, full, and 13,879
effective disclosure to offerees of all information material to a 13,880
decision to accept or reject the offer. 13,881
(3) Within three FIVE calendar days of the date of filing 13,883
by an offeror of information specified in division (A)(2) of this 13,884
section, the division of securities may by order summarily 13,885
suspend the continuation of the control bid if the division 13,886
determines that all of the information specified has not been 13,887
provided by the offeror or that the control bid materials 13,888
provided to offerees do not provide full disclosure to offerees 13,889
of all material information concerning the control bid. Such a 13,890
suspension shall remain in effect only until the determination 13,891
following a hearing held pursuant to division (A)(4) of this 13,892
section. 13,893
(4) A hearing shall be scheduled and held by the division 13,895
of securities with respect to each suspension imposed under 13,896
division (A)(3) of this section. The hearing shall be held 13,897
within ten calendar days of the date on which the suspension is 13,898
imposed. Chapter 119. of the Revised Code does not apply to a 13,899
hearing held under this division. The division of securities may 13,900
allow any interested party to appear at and participate in the 13,901
hearing in a manner considered appropriate by the division. The 13,902
determination of the division of securities made following the 13,903
hearing shall be made within three calendar days after the 13,904
hearing has been completed, and no later than sixteen FOURTEEN 13,905
calendar days after the date on which the suspension is imposed. 13,907
The division of securities, by rule or order, may prescribe time 13,908
limits for conducting the hearing and for the making of the 13,909
309
determination that are shorter than those specified in this 13,910
division. If, based upon the hearing, the division of securities 13,911
determines that all of the information required to be provided by 13,912
division (A)(2) of this section has not been provided by the 13,913
offeror, that the control bid materials provided to offerees do 13,914
not provide full disclosure to offerees of all material 13,915
information concerning the control bid, or that the control bid 13,916
is in material violation of any provision of this chapter, the 13,917
division shall maintain the suspension of the continuation of the 13,918
control bid, subject to the right of the offeror to correct 13,919
disclosure and other deficiencies identified by the division and 13,920
to reinstitute the control bid by filing new or amended 13,921
information pursuant to this section. 13,922
(B)(1) No control bid shall be made pursuant to a tender 13,924
offer or request or invitation for tenders unless division (A) of 13,925
section 1707.14 of the Revised Code has been complied with, and 13,926
no offeror shall make a control bid that is not made to all 13,927
holders residing in this state of the equity security that is the 13,928
subject of the control bid, or that is not made to such holders 13,929
on the same terms as the control bid is made to holders of such 13,930
equity security not residing in this state. 13,931
(2) No offeror may make a control bid pursuant to a tender 13,933
offer or request or invitation for tenders or acquire any equity 13,934
security in this state pursuant to a control bid at any time 13,935
during which any proceeding by the division alleging a violation 13,936
of any provision of this chapter is pending against the offeror. 13,937
(3) No offeror may acquire from any resident of this state 13,939
in any manner any equity security of any class of a subject 13,940
company at any time within two years following the last 13,941
acquisition of any security of the same class pursuant to a 13,942
control bid pursuant to a tender offer or request or invitation 13,943
for tenders by that offeror, whether the acquisition was made by 13,944
purchase, exchange, merger, consolidation, partial or complete 13,945
liquidation, redemption, reverse stock split, recapitalization, 13,946
310
reorganization, or any other similar transaction, unless the 13,947
resident is afforded, at the time of the later acquisition, a 13,948
reasonable opportunity to dispose of the security to the offeror 13,949
upon substantially the same terms as those provided in the 13,950
earlier control bid. 13,951
(4) If an offeror makes a tender offer or request or 13,953
invitation for tenders not subject to Rule 14D-1 or Rule 14D-4 of 13,954
the securities and exchange commission under the "Securities 13,955
Exchange Act of 1934," for less than all the outstanding equity 13,956
securities of a class, and if a greater number of securities is 13,957
deposited pursuant thereto within ten days after copies of the 13,958
offer or request or invitation for tenders are first published or 13,959
sent or given to security holders than the offeror is bound or 13,960
willing to take up and pay for, the securities shall be taken up 13,961
as nearly as may be pro rata, disregarding fractions, according 13,962
to the number of securities deposited by each offeree. The 13,963
preceding sentence applies to securities deposited within ten 13,964
days after notice of an increase in the consideration offered to 13,965
security holders, as described in the next sentence, is first 13,966
published or sent or given to security holders. If the terms of 13,967
a control bid are changed before its expiration by increasing the 13,968
consideration offered to offerees, the offeror shall pay the 13,969
increased consideration for all equity securities taken up, 13,970
whether the same are deposited or taken up before or after the 13,971
change in the terms of the control bid. 13,972
(C) If the offeror or the subject company is a banking 13,974
corporation subject to regulation by the division of banks, a 13,975
savings and loan association subject to regulation by the 13,976
division of savings and loan associations, or a public utility 13,977
corporation subject to regulation by the public utilities 13,978
commission, the division of securities shall forthwith, upon 13,979
receipt of the filing required under division (A) of this 13,980
section, furnish a copy of the filing to the regulatory body 13,981
having jurisdiction over the offeror or subject company. 13,982
311
(D) An offeror is subject to the liabilities and penalties 13,984
applicable to a seller, and an offeree is entitled to the 13,985
remedies applicable to a purchaser, as set forth in sections 13,986
1707.041 to 1707.44 of the Revised Code. 13,987
(E) The division of securities may, pursuant to Chapter 13,990
119. of the Revised Code, prescribe reasonable rules:
(1) Defining fraudulent, evasive, deceptive, or grossly 13,992
unfair practices in connection with control bids, and the terms 13,993
used in this section; 13,994
(2) Exempting from this section control bids not made for 13,996
the purpose of, and not having the effect of, changing or 13,997
influencing the control of a subject company; 13,998
(3) Covering such other matters as are necessary to give 14,000
effect to this section. 14,001
(F) If the offeror or a subject company is an insurance 14,003
company subject to regulation under Title XXXIX of the Revised 14,004
Code, the superintendent of insurance shall for all purposes of 14,005
this section be substituted for the division of securities. This 14,006
section shall not be construed to limit or modify in any way any 14,007
responsibility, authority, power, or jurisdiction of the division 14,008
of securities or the superintendent of insurance pursuant to any 14,009
other section of the Revised Code. 14,010
(G) This section does not apply when: 14,012
(1) The offeror or the subject company is a public utility 14,014
or a public utility holding company as defined in section 2 of 14,015
the "Public Utility Holding Company Act of 1935," 49 Stat. 803, 14,016
15 U.S.C. 79, as amended, and the control bid is subject to 14,017
approval by the appropriate federal agency as provided in such 14,018
act; 14,019
(2) The offeror or the subject company is a bank or a bank 14,021
holding company as subject to the "Bank Holding Company Act of 14,022
1956," 70 Stat. 133, 12 U.S.C. 1841, and subsequent amendments 14,023
thereto, and the control bid is subject to approval by the 14,024
appropriate federal agency as provided in such act; 14,025
312
(3) The offeror or the subject company is a savings and 14,027
loan holding company as defined in section 2 of the "Savings and 14,028
Loan Holding Company Amendments of 1967," 82 Stat. 5, 12 U.S.C. 14,029
1730a, as amended, and the control bid is subject to approval by 14,030
the appropriate federal agency as provided in such act; 14,031
(4) The offeror and the subject company are banks and the 14,033
offer is part of a merger transaction subject to approval by 14,034
appropriate federal supervisory authorities. 14,035
(H) If any application of any provision of this section is 14,037
for any reason held to be illegal or invalid, the illegality or 14,038
invalidity shall not affect any legal and valid provision or 14,039
application of this section, and the parts and application of 14,040
this section are severable. 14,041
Sec. 1707.44. (A) No person shall engage in any act or 14,050
practice that violates division (A), (B), or (C) of section 14,051
1707.14 of the Revised Code, AND NO SALESPERSON SHALL SELL 14,052
SECURITIES IN THIS STATE WITHOUT BEING LICENSED PURSUANT TO 14,053
SECTION 1707.16 OF THE REVISED CODE.
(B) No person shall knowingly make or cause to be made any 14,055
false representation concerning a material and relevant fact, in 14,056
any oral statement or in any prospectus, circular, description, 14,057
application, or written statement, for any of the following 14,058
purposes: 14,059
(1) Complying with this chapter, in regard to registering 14,061
securities by description; 14,062
(2) Securing the qualification of any securities under 14,064
this chapter; 14,065
(3) Procuring the licensing of any dealer or salesman 14,067
SALESPERSON under this chapter; 14,069
(4) Selling any securities in this state. 14,071
(C) No person shall knowingly and intentionally sell, 14,073
cause to be sold, offer for sale, or cause to be offered for 14,074
sale, any security which comes under any of the following 14,075
descriptions: 14,076
313
(1) Is not exempt under section 1707.02 of the Revised 14,078
Code, nor the subject matter of one of the transactions exempted 14,079
in sections 1707.03, 1707.04, and 1707.34 of the Revised Code, 14,080
has not been registered by description, coordination, or 14,081
qualification, and is not the subject matter of a transaction 14,082
that has been registered by description; 14,083
(2) The prescribed fees for registering by description, by 14,085
coordination, or by qualification have not been paid in respect 14,086
to such security; 14,087
(3) Such person has been notified by the division, or has 14,089
knowledge of such THE notice, that the right to buy, sell, or 14,090
deal in such security has been suspended or revoked, or that the 14,092
registration by description, by coordination, or by qualification 14,093
under which it may be sold has been suspended or revoked; 14,094
(4) The offer or sale is accompanied by a statement that 14,096
the security offered or sold has been or is to be in any manner 14,097
indorsed by the division. 14,098
(D) No person who is an officer, director, or trustee of, 14,100
or a dealer for, any issuer, and who knows such issuer to be 14,101
insolvent in that the liabilities of such issuer exceed its 14,102
assets, shall sell any securities of or for any such issuer, 14,103
without disclosing the fact of such THE insolvency to the 14,104
purchaser. 14,105
(E) No person with intent to aid in the sale of any 14,107
securities on behalf of the issuer, shall knowingly make any 14,108
representation not authorized by such issuer or at material 14,109
variance with statements and documents filed with the division by 14,110
such issuer. 14,111
(F) No person, with intent to deceive, shall sell, cause 14,113
to be sold, offer for sale, or cause to be offered for sale, any 14,114
securities of an insolvent issuer, with knowledge that such 14,115
issuer is insolvent in that the liabilities of such issuer exceed 14,116
its assets, taken at their fair market value. 14,117
(G) No person in selling securities shall knowingly engage 14,119
314
in any act or practice which is, in this chapter, declared 14,120
illegal, defined as fraudulent, or prohibited. 14,122
(H) No licensed dealer shall refuse to buy from, sell to, 14,124
or trade with any person because such THE person appears on a 14,125
blacklist issued by, or is being boycotted by, any foreign 14,126
corporate or governmental entity, nor sell any securities of or 14,127
for any issuer who is known in relation to the issuance or sale 14,128
of such securities to have engaged in such practices. 14,129
(I) No dealer in securities, knowing that his THE DEALER'S 14,131
liabilities exceed the reasonable value of his THE DEALER'S 14,132
assets, shall accept money or securities, except in payment of or 14,134
as security for an existing debt, from a customer who is ignorant 14,135
of such THE dealer's insolvency, and thereby cause the customer 14,137
to lose any part of his THE CUSTOMER'S securities or the value 14,138
thereof, by doing either of the following without the customer's 14,140
consent:
(1) Pledging, selling, or otherwise disposing of such 14,142
securities, when the dealer has no lien on or any special 14,144
property in such securities;
(2) Pledging such securities for more than the amount due, 14,146
or otherwise disposing of such securities for his THE DEALER'S 14,147
own benefit, when the dealer has a lien or indebtedness on such 14,149
securities. 14,150
It is an affirmative defense to a charge under this 14,152
division that, at the time the securities involved were pledged, 14,153
sold, or disposed of, the dealer had in his THE DEALER'S 14,154
possession or control, and available for delivery, securities of 14,156
the same kinds and in amounts sufficient to satisfy all customers 14,157
entitled thereto, upon demand and tender of any amount due 14,158
thereon.
(J) No person, with purpose to deceive, shall make, issue, 14,160
publish, or cause to be made, issued, or published any statement 14,161
or advertisement as to the value of securities, or as to alleged 14,162
facts affecting the value of securities, or as to the financial 14,163
315
condition of any issuer of securities, when such THE person knows 14,165
that such statement or advertisement is false in any material 14,166
respect. 14,167
(K) No person, with purpose to deceive, shall make, 14,169
record, or publish or cause to be made, recorded, or published, a 14,170
report of any transaction in securities which is false in any 14,171
material respect. 14,172
(L) No dealer shall engage in any act that violates the 14,174
provisions of section 15(c) or 15(g) of the "Securities Exchange 14,175
Act of 1934," 48 Stat. 881, 15 U.S.C.A. 78o(c) or (g), or any 14,176
rule or regulation promulgated by the securities and exchange 14,177
commission thereunder. If, subsequent to the effective date of 14,178
this amendment OCTOBER 11, 1994, additional amendments to section 14,179
15(c) or 15(g) are adopted, or additional rules or regulations 14,180
are promulgated pursuant to such sections, the division of 14,181
securities shall, by rule, adopt the amendments, rules, or
regulations, unless the division finds that the amendments, 14,182
rules, or regulations are not necessary for the protection of 14,183
investors or in the public interest.
Sec. 1731.07. The premiums or other charges received by an 14,192
insurer from or on behalf of an enrolled small employer and 14,193
eligible employees or retirees under a health benefit plan 14,194
provided by the insurer under a qualified alliance program shall 14,195
not be considered "premiums received" for purposes of division
(B)(A) of section 5725.18 and section 5729.03 of the Revised 14,196
Code, and are exempt from any other tax or excise in this state. 14,198
Sec. 1785.01. As used in this chapter: 14,212
(A) "Professional service" means any type of professional 14,214
service which may be performed only pursuant to a license, 14,215
certificate, or other legal authorization, as provided by 14,216
Chapters 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 14,217
4732., 4733., 4734., and 4741., and sections 4755.01 to 4755.12, 14,218
and sections 4755.40 to 4755.53 4755.56 of the Revised Code, to 14,220
certified public accountants, licensed public accountants, 14,221
316
architects, attorneys, chiropractors, dentists, REGISTERED 14,222
NURSES, OPTOMETRISTS, pharmacists, optometrists, physicians and 14,224
surgeons, practitioners of THE limited branches of medicine or 14,226
surgery as defined SPECIFIED in section 4731.15 of the Revised 14,227
Code, psychologists, professional engineers, CHIROPRACTORS, 14,228
veterinarians, OCCUPATIONAL THERAPISTS, AND physical therapists, 14,229
and registered nurses, and occupational therapists. 14,231
(B) "Professional association" means an association 14,233
organized under this chapter, for the sole purpose of rendering 14,234
one of the professional services authorized under Chapter 4701., 14,235
4703., 4705., 4715., 4723., 4725., 4729., 4731., 4732., 4733., 14,236
4734., or 4741. or sections 4755.01 to 4755.12 or sections 14,237
4755.40 to 4755.53 4755.56 of the Revised Code, or a combination 14,239
of the professional services authorized under Chapters 4703. and 14,240
4733. of the Revised Code. 14,241
Sec. 2113.07. Before being appointed executor or 14,250
administrator, every person shall make and file an application 14,252
that shall contain the names of the surviving spouse and all the 14,253
next of kin of the deceased known to the applicant, their 14,254
post-office addresses if known, a statement in general terms as 14,255
to what the estate consists of and its probable value, and a
statement of any indebtedness the deceased had against the 14,257
applicant, AND A STATEMENT AS TO WHETHER THE DECEASED HAD AFTER 14,258
THE AGE OF FIFTY-FIVE BEEN A MEDICAID RECIPIENT UNDER CHAPTER 14,259
5111. OF THE REVISED CODE.
The application may be accompanied by a waiver signed by 14,261
the persons who have priority to administer the estate, and, in 14,262
the absence of a waiver, those persons shall be cited by the 14,263
probate court for the purpose of ascertaining whether they desire 14,264
to take or renounce administration.
Letters of administration shall not be issued upon the 14,266
estate of an intestate until the person to be appointed has made 14,267
and filed a statement indicating that there is not to his THE 14,268
PERSON'S knowledge a last will and testament of the intestate. 14,269
317
IF THE PERSON INDICATED IN THE APPLICATION TO BE APPOINTED 14,270
EXECUTOR OR ADMINISTRATOR THAT THE DECEASED HAD RECEIVED MEDICAID 14,271
AFTER THE AGE OF FIFTY-FIVE, LETTERS OF ADMINISTRATION SHALL NOT 14,272
BE ISSUED UNTIL THE PERSON NOTIFIES THE COURT THAT A COPY OF THE 14,273
APPLICATION HAS BEEN FILED WITH THE OFFICE OF THE ATTORNEY 14,274
GENERAL FOR PURPOSES OF RECOVERY ON BEHALF OF THE STATE. 14,275
Sec. 2151.23. (A) The juvenile court has exclusive 14,284
original jurisdiction under the Revised Code as follows: 14,285
(1) Concerning any child who on or about the date 14,287
specified in the complaint is alleged to be a juvenile traffic 14,288
offender or a delinquent, unruly, abused, neglected, or dependent 14,290
child;
(2) Subject to division (V) of section 2301.03 of the 14,292
Revised Code, to determine the custody of any child not a ward of 14,293
another court of this state; 14,294
(3) To hear and determine any application for a writ of 14,296
habeas corpus involving the custody of a child; 14,297
(4) To exercise the powers and jurisdiction given the 14,299
probate division of the court of common pleas in Chapter 5122. of 14,301
the Revised Code, if the court has probable cause to believe that 14,302
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 14,303
defined in section 5122.01 of the Revised Code; 14,304
(5) To hear and determine all criminal cases charging 14,306
adults with the violation of any section of this chapter; 14,307
(6) To hear and determine all criminal cases in which an 14,309
adult is charged with a violation of division (C) of section 14,310
2919.21, division (B)(1) of section 2919.22, division (B) of 14,311
section 2919.23, or section 2919.24 of the Revised Code, provided 14,312
the charge is not included in an indictment that also charges the 14,313
alleged adult offender with the commission of a felony arising 14,314
out of the same actions that are the basis of the alleged 14,315
violation of division (C) of section 2919.21, division (B)(1) of 14,316
section 2919.22, division (B) of section 2919.23, or section 14,317
318
2919.24 of the Revised Code; 14,318
(7) Under the interstate compact on juveniles in section 14,320
2151.56 of the Revised Code; 14,321
(8) Concerning any child who is to be taken into custody 14,323
pursuant to section 2151.31 of the Revised Code, upon being 14,324
notified of the intent to take the child into custody and the 14,325
reasons for taking the child into custody; 14,326
(9) To hear and determine requests for the extension of 14,328
temporary custody agreements, and requests for court approval of 14,329
permanent custody agreements, that are filed pursuant to section 14,330
5103.15 of the Revised Code; 14,331
(10) To hear and determine applications for consent to 14,333
marry pursuant to section 3101.04 of the Revised Code; 14,334
(11) Subject to division (V) of section 2301.03 of the 14,336
Revised Code, to hear and determine a request for an order for 14,337
the support of any child if the request is not ancillary to an 14,338
action for divorce, dissolution of marriage, annulment, or legal 14,339
separation, a criminal or civil action involving an allegation of 14,340
domestic violence, or an action for support brought under Chapter 14,341
3115. of the Revised Code; 14,342
(12) Concerning an action commenced under section 121.38 14,344
of the Revised Code; 14,345
(13) CONCERNING AN ACTION COMMENCED UNDER SECTION 2151.55 14,347
OF THE REVISED CODE.
(B) The juvenile court has original jurisdiction under the 14,349
Revised Code: 14,350
(1) To hear and determine all cases of misdemeanors 14,352
charging adults with any act or omission with respect to any 14,353
child, which act or omission is a violation of any state law or 14,354
any municipal ordinance; 14,355
(2) To determine the paternity of any child alleged to 14,357
have been born out of wedlock pursuant to sections 3111.01 to 14,358
3111.19 of the Revised Code; 14,359
(3) Under the uniform reciprocal enforcement of support 14,361
319
act in Chapter 3115. of the Revised Code; 14,362
(4) To hear and determine an application for an order for 14,364
the support of any child, if the child is not a ward of another 14,365
court of this state. 14,366
(C) The juvenile court, except as to juvenile courts that 14,368
are a separate division of the court of common pleas or a 14,369
separate and independent juvenile court, has jurisdiction to 14,370
hear, determine, and make a record of any action for divorce or 14,371
legal separation that involves the custody or care of children 14,372
and that is filed in the court of common pleas and certified by 14,373
the court of common pleas with all the papers filed in the action 14,374
to the juvenile court for trial, provided that no certification 14,375
of that nature shall be made to any juvenile court unless the 14,377
consent of the juvenile judge first is obtained. After a 14,378
certification of that nature is made and consent is obtained, the 14,380
juvenile court shall proceed as if the action originally had been 14,381
begun in that court, except as to awards for spousal support or 14,382
support due and unpaid at the time of certification, over which 14,383
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 14,385
determine all matters as to custody and support of children duly 14,386
certified by the court of common pleas to the juvenile court 14,387
after a divorce decree has been granted, including jurisdiction 14,388
to modify the judgment and decree of the court of common pleas as 14,389
the same relate to the custody and support of children. 14,390
(E) The juvenile court has jurisdiction to hear and 14,392
determine the case of any child certified to the court by any 14,393
court of competent jurisdiction if the child comes within the 14,394
jurisdiction of the juvenile court as defined by this section. 14,395
(F)(1) The juvenile court shall exercise its jurisdiction 14,397
in child custody matters in accordance with sections 3109.04, 14,398
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 14,399
(2) The juvenile court shall exercise its jurisdiction in 14,401
child support matters in accordance with section 3109.05 of the 14,402
320
Revised Code. 14,403
(G)(1) Each order for child support made or modified by a 14,405
juvenile court on or after December 31, 1993, shall include as 14,406
part of the order a general provision, as described in division 14,407
(A)(1) of section 3113.21 of the Revised Code, requiring the 14,408
withholding or deduction of wages or assets of the obligor under 14,409
the order as described in division (D) of section 3113.21 of the 14,410
Revised Code, or another type of appropriate requirement as 14,411
described in division (D)(6), (D)(7), or (H) of that section, to 14,412
ensure that withholding or deduction from the wages or assets of 14,413
the obligor is available from the commencement of the support 14,414
order for collection of the support and of any arrearages that 14,415
occur; a statement requiring all parties to the order to notify 14,416
the child support enforcement agency in writing of their current 14,417
mailing address, their current residence address, and any changes 14,418
in either address; and a notice that the requirement to notify 14,419
the child support enforcement agency of all changes in either 14,420
address continues until further notice from the court. Any 14,421
juvenile court that makes or modifies an order for child support 14,422
on or after April 12, 1990, shall comply with sections 3113.21 to 14,423
3113.219 of the Revised Code. If any person required to pay 14,424
child support under an order made by a juvenile court on or after 14,425
April 15, 1985, or modified on or after December 1, 1986, is 14,426
found in contempt of court for failure to make support payments 14,427
under the order, the court that makes the finding, in addition to 14,428
any other penalty or remedy imposed, shall assess all court costs 14,429
arising out of the contempt proceeding against the person and 14,430
require the person to pay any reasonable attorney's fees of any 14,431
adverse party, as determined by the court, that arose in relation 14,432
to the act of contempt. 14,433
(2) Notwithstanding section 3109.01 of the Revised Code, 14,435
if a juvenile court issues a child support order under this 14,436
chapter, the order shall remain in effect beyond the child's 14,437
eighteenth birthday as long as the child continuously attends on 14,438
321
a full-time basis any recognized and accredited high school. Any 14,439
parent ordered to pay support under a child support order issued 14,440
under this chapter shall continue to pay support under the order, 14,441
including during seasonal vacation periods, until the order 14,442
terminates. 14,443
(H) If a child who is charged with an act that would be an 14,445
offense if committed by an adult was fourteen years of age or 14,446
older and under eighteen years of age at the time of the alleged 14,447
act and if the case is transferred for criminal prosecution 14,448
pursuant to section 2151.26 of the Revised Code, the juvenile 14,450
court does not have jurisdiction to hear or determine the case 14,451
subsequent to the transfer. The court to which the case is 14,452
transferred for criminal prosecution pursuant to that section has 14,453
jurisdiction subsequent to the transfer to hear and determine the 14,454
case in the same manner as if the case originally had been 14,455
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 14,456
authorized by Criminal Rule 11 or another section of the Revised 14,458
Code and jurisdiction to accept a verdict and to enter a judgment 14,459
of conviction pursuant to the Rules of Criminal Procedure against 14,460
the child for the commission of the offense that was the basis of 14,461
the transfer of the case for criminal prosecution, whether the 14,462
conviction is for the same degree or a lesser degree of the 14,463
offense charged, for the commission of a lesser-included offense, 14,464
or for the commission of another offense that is different from 14,465
the offense charged. 14,466
(I) If a person under eighteen years of age allegedly 14,469
commits an act that would be a felony if committed by an adult 14,470
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 14,471
the juvenile court does not have jurisdiction to hear or 14,472
determine any portion of the case charging the person with 14,473
committing that act. In those circumstances, divisions (B) and 14,474
(C) of section 2151.26 of the Revised Code do not apply regarding 14,475
322
the act, the case charging the person with committing the act 14,476
shall be a criminal prosecution commenced and heard in the 14,477
appropriate court having jurisdiction of the offense as if the 14,478
person had been eighteen years of age or older when the person 14,479
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 14,480
offense, and the court having jurisdiction of the offense has all 14,481
the authority and duties in the case as it has in other criminal 14,482
cases commenced in that court.
Sec. 2151.355. (A) If a child is adjudicated a delinquent 14,495
child, the court may make any of the following orders of 14,496
disposition:
(1) Any order that is authorized by section 2151.353 of 14,498
the Revised Code; 14,499
(2) Place the child on probation under any conditions that 14,501
the court prescribes. If the child is adjudicated a delinquent 14,502
child for violating section 2909.05, 2909.06, or 2909.07 of the 14,504
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 14,505
make restitution for the property damage caused by the child's 14,506
violation as a condition of the child's probation. If the child 14,508
is adjudicated a delinquent child because the child violated any 14,509
other section of the Revised Code, the court may require the 14,510
child as a condition of the child's probation to make restitution 14,511
for the property damage caused by the child's violation and for 14,512
the value of the property that was the subject of the violation 14,513
the child committed if it would be a theft offense, as defined in 14,514
division (K) of section 2913.01 of the Revised Code, if committed 14,515
by an adult. The restitution may be in the form of a cash 14,516
reimbursement paid in a lump sum or in installments, the 14,517
performance of repair work to restore any damaged property to its 14,518
original condition, the performance of a reasonable amount of 14,519
labor for the victim approximately equal to the value of the 14,520
property damage caused by the child's violation or to the value 14,521
323
of the property that is the subject of the violation if it would 14,522
be a theft offense if committed by an adult, the performance of 14,523
community service or community work, any other form of 14,524
restitution devised by the court, or any combination of the 14,525
previously described forms of restitution.
If the child is adjudicated a delinquent child for 14,527
violating a law of this state or the United States, or an 14,528
ordinance or regulation of a political subdivision of this state, 14,529
that would be a crime if committed by an adult or for violating 14,531
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 14,533
probation that the court imposes upon the delinquent child 14,535
pursuant to division (A)(2) of this section, shall require the 14,536
child as a condition of the child's probation to abide by the law 14,537
during the period of probation, including, but not limited to, 14,538
complying with the provisions of Chapter 2923. of the Revised 14,539
Code relating to the possession, sale, furnishing, transfer, 14,540
disposition, purchase, acquisition, carrying, conveying, or use 14,541
of, or other conduct involving, a firearm or dangerous ordnance, 14,543
as defined in section 2923.11 of the Revised Code. 14,544
(3) Commit the child to the temporary custody of any 14,546
school, camp, institution, or other facility operated for the 14,547
care of delinquent children by the county, by a district 14,548
organized under section 2151.34 or 2151.65 of the Revised Code, 14,549
or by a private agency or organization, within or without the 14,550
state, that is authorized and qualified to provide the care, 14,551
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 14,553
committing an act that would be a felony of the third, fourth, or 14,554
fifth degree if committed by an adult or for violating division 14,557
(A) of section 2923.211 of the Revised Code, commit the child to 14,559
the legal custody of the department of youth services for 14,560
institutionalization for an indefinite term consisting of a 14,561
minimum period of six months and a maximum period not to exceed 14,562
324
the child's attainment of twenty-one years of age; 14,563
(5)(a) If the child is adjudicated a delinquent child for 14,565
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 14,566
division (A) of section 2903.04 of the Revised Code or for 14,567
violating any provision of section 2907.02 of the Revised Code 14,568
other than division (A)(1)(b) of that section when the sexual 14,570
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 14,572
than the delinquent child, was the same age as the delinquent 14,573
child, or was less than three years younger than the delinquent 14,574
child, commit the child to the legal custody of the department of 14,575
youth services for institutionalization in a secure facility for 14,576
an indefinite term consisting of a minimum period of one to three 14,577
years, as prescribed by the court, and a maximum period not to 14,578
exceed the child's attainment of twenty-one years of age; 14,579
(b) If the child is adjudicated a delinquent child for 14,582
violating section 2923.02 of the Revised Code and if the 14,583
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 14,585
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 14,586
consisting of a minimum period of six to seven years, as 14,587
prescribed by the court, and a maximum period not to exceed the 14,588
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 14,590
committing an act that is not described in division (A)(5)(a) or 14,591
(b), of this section and that would be a felony of the first or 14,592
second degree if committed by an adult, commit the child to the 14,593
legal custody of the department of youth services for 14,594
institutionalization in a secure facility for an indefinite term 14,595
consisting of a minimum period of one year and a maximum period 14,596
not to exceed the child's attainment of twenty-one years of age; 14,597
(6) If the child is adjudicated a delinquent child for 14,599
committing a violation of section 2903.01 or 2903.02 of the 14,600
325
Revised Code, commit the child to the legal custody of the 14,602
department of youth services for institutionalization in a secure 14,603
facility until the child's attainment of twenty-one years of age; 14,604
(7)(a) If the child is adjudicated a delinquent child for 14,607
committing an act, other than a violation of section 2923.12 of 14,608
the Revised Code, that would be a felony if committed by an adult 14,609
and is committed to the legal custody of the department of youth 14,610
services pursuant to division (A)(4), (5), or (6) of this section 14,611
and if the court determines that the child, if the child was an 14,612
adult, would be guilty of a specification of the type set forth 14,613
in section 2941.141 , 2941.144, 2941.145, or 2941.146 of the 14,614
Revised Code in relation to the act for which the child was 14,615
adjudicated a delinquent child, commit the child to the legal 14,616
custody of the department of youth services for
institutionalization in a secure facility for the following 14,617
period of time, subject to division (A)(7)(b) of this section: 14,618
(i) If the child would be guilty of a specification of the 14,620
type set forth in section 2941.141 of the Revised Code, a period 14,621
of one year; 14,622
(ii) If the child would be guilty of a specification of 14,624
the type set forth in section 2941.144, 2941.145, or 2941.146 of 14,625
the Revised Code, a period of three years. 14,627
(b) The court shall not commit a child to the legal 14,630
custody of the department of youth services pursuant to division 14,631
(A)(7)(a) of this section for a period of time that exceeds three 14,632
years. The period of commitment imposed pursuant to division 14,633
(A)(7)(a) of this section shall be in addition to, and shall be 14,634
served consecutively with and prior to, a period of commitment 14,635
ordered pursuant to division (A)(4), (5), or (6) of this section, 14,636
provided that the total of all the periods of commitment shall 14,637
not exceed the child's attainment of twenty-one years of age. 14,638
(8)(a) Impose a fine and costs in accordance with the 14,641
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 14,643
326
of the property damage caused by the child's delinquent act and 14,644
for all or part of the value of the property that was the subject 14,645
of any delinquent act the child committed that would be a theft 14,646
offense, as defined in division (K) of section 2913.01 of the 14,647
Revised Code, if committed by an adult. If the court determines 14,648
that the victim of the child's delinquent act was sixty-five 14,649
years of age or older or permanently and totally disabled at the 14,650
time of the commission of the act, the court, regardless of 14,651
whether or not the child knew the age of the victim, shall 14,652
consider that fact in favor of imposing restitution, but that 14,653
fact shall not control the decision of the court. The 14,654
restitution may be in the form of a cash reimbursement paid in a 14,655
lump sum or in installments, the performance of repair work to 14,656
restore any damaged property to its original condition, the 14,657
performance of a reasonable amount of labor for the victim, the 14,658
performance of community service or community work, any other 14,659
form of restitution devised by the court, or any combination of 14,660
the previously described forms of restitution. 14,661
(9) Suspend or revoke the driver's license or temporary 14,663
instruction permit issued to the child or suspend or revoke the 14,664
registration of all motor vehicles registered in the name of the 14,665
child; 14,666
(10) If the child is adjudicated a delinquent child for 14,668
committing an act that, if committed by an adult, would be a 14,670
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 14,671
Revised Code, impose a period of electronically monitored house 14,672
detention in accordance with division (I) of this section that 14,674
does not exceed the maximum sentence of imprisonment that could 14,675
be imposed upon an adult who commits the same act; 14,676
(11) Commit the child to the temporary or permanent 14,678
custody of the court;
(12) Make any further disposition that the court finds 14,680
proper, except that the child shall not be placed in any OF THE 14,681
327
FOLLOWING: 14,682
(a) A state correctional institution, A county, 14,685
multicounty, or municipal jail or workhouse, or any other ANOTHER 14,686
place in which an adult convicted of a crime, under arrest, or 14,688
charged with a crime is held;
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 14,691
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 14,692
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 14,694
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 14,695
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 14,696
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO DIVISION 14,698
(A)(4), (5), OR (6) OF THIS SECTION. AS USED IN DIVISION 14,700
(A)(12)(b) OF THIS SECTION, "COMMUNITY CORRECTIONS FACILITY" AND 14,701
"PUBLIC SAFETY BEDS" HAVE THE SAME MEANINGS AS IN SECTION 5139.01 14,702
OF THE REVISED CODE. 14,704
(B)(1) If a child is adjudicated a delinquent child for 14,707
violating section 2923.32 of the Revised Code, the court, in 14,708
addition to any order of disposition it makes for the child under 14,709
division (A) of this section, shall enter an order of criminal 14,710
forfeiture against the child, in accordance with divisions 14,711
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 14,712
the Revised Code.
(2) If a child is adjudicated a delinquent child for 14,715
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 14,716
adjudication orders the commitment of the child, for two or more 14,717
of those acts, to the legal custody of the department of youth 14,718
services for institutionalization or institutionalization in a 14,719
secure facility pursuant to division (A)(4), (5), or (6) of this 14,720
section, the court may order that all of the periods of 14,721
commitment imposed under those divisions for those acts be served 14,723
consecutively in the legal custody of the department of youth 14,724
services and, if applicable, be in addition to and commence 14,725
immediately following the expiration of a period of commitment 14,726
328
that the court imposes pursuant to division (A)(7) of this 14,727
section. A court shall not commit a delinquent child to the 14,728
legal custody of the department of youth services under division 14,729
(B)(2) of this section for a period that exceeds the child's 14,730
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 14,732
committing an act that, if committed by an adult, would be a drug 14,734
abuse offense, as defined in section 2925.01 of the Revised Code, 14,735
or for violating division (B) of section 2917.11 of the Revised 14,736
Code, in addition to imposing in its discretion any other order 14,737
of disposition authorized by this section, the court shall do 14,738
both of the following:
(1) Require the child to participate in a drug abuse or 14,740
alcohol abuse counseling program; 14,741
(2) Suspend or revoke the temporary instruction permit or 14,743
probationary operator's license issued to the child until the 14,744
child attains eighteen years of age or attends, at the discretion 14,746
of the court, and satisfactorily completes, a drug abuse or 14,747
alcohol abuse education, intervention, or treatment program 14,748
specified by the court. During the time the child is attending 14,749
the program, the court shall retain any temporary instruction 14,750
permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily 14,751
completes the program. 14,752
(D)(1) At the dispositional hearing and prior to making 14,754
any disposition pursuant to division (A) of this section, the 14,755
court shall determine whether a victim of the delinquent act 14,756
committed by the child was five years of age or younger at the 14,757
time the delinquent act was committed, whether a victim of the 14,758
delinquent act sustained physical harm to the victim's person 14,759
during the commission of or otherwise as a result of the 14,760
delinquent act, whether a victim of the delinquent act was 14,761
sixty-five years of age or older or permanently and totally 14,762
disabled at the time the delinquent act was committed, and 14,763
329
whether the delinquent act would have been an offense of violence 14,764
if committed by an adult. If the victim was five years of age or 14,765
younger at the time the delinquent act was committed, sustained 14,766
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 14,767
years of age or older or permanently and totally disabled at the 14,769
time the act was committed, regardless of whether the child knew 14,770
the age of the victim, and if the act would have been an offense 14,771
of violence if committed by an adult, the court shall consider 14,772
those facts in favor of imposing commitment under division 14,773
(A)(3), (4), (5), or (6) of this section, but those facts shall 14,774
not control the court's decision.
(2) At the dispositional hearing and prior to making any 14,776
disposition pursuant to division (A)(4), (5), or (6) of this 14,777
section, the court shall determine whether the delinquent child 14,778
previously has been adjudicated a delinquent child for a 14,779
violation of a law or ordinance. If the delinquent child 14,780
previously has been adjudicated a delinquent child for a 14,781
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 14,782
this section, shall consider the previous delinquent child 14,784
adjudication as a conviction of a violation of the law or 14,785
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 14,786
(E)(1) When a juvenile court commits a delinquent child to 14,788
the custody of the department of youth services pursuant to this 14,789
section, the court shall not designate the specific institution 14,790
in which the department is to place the child but instead shall 14,792
specify that the child is to be institutionalized or that the 14,793
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 14,794
(2) When a juvenile court commits a delinquent child to 14,796
the custody of the department of youth services, the court shall 14,797
provide the department with the child's social history, the 14,798
330
child's medical records, a copy of the report of any mental 14,799
examination of the child ordered by the court, the section or 14,800
sections of the Revised Code violated by the child and the degree 14,801
of the violation, the warrant to convey the child to the 14,802
department, and a copy of the court's journal entry ordering the 14,803
commitment of the child to the legal custody of the department. 14,804
The department may refuse to accept physical custody of a 14,805
delinquent child who is committed to the legal custody of the 14,806
department until the court provides to the department the 14,807
documents specified in division (E)(2) of this section. No 14,808
officer or employee of the department who refuses to accept 14,809
physical custody of a delinquent child who is committed to the 14,811
legal custody of the department shall be subject to prosecution 14,812
or contempt of court for the refusal if the court fails to 14,813
provide the documents specified in division (E)(2) of this 14,814
section at the time the court transfers the physical custody of 14,815
the child to the department.
(3) Within five working days after the juvenile court 14,817
commits a delinquent child to the custody of the department of 14,818
youth services, the court shall provide the department with a 14,819
copy of the arrest record pertaining to the act for which the 14,820
child was adjudicated a delinquent child, a copy of any victim 14,821
impact statement pertaining to that act, and any other 14,822
information concerning the child that the department reasonably 14,823
requests. Within twenty working days after the department of 14,824
youth services receives physical custody of a delinquent child 14,825
from a juvenile court, the court shall provide the department 14,826
with a certified copy of the child's birth certificate or the 14,828
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 14,829
unsuccessful, the court shall provide the department with 14,830
documentation of the efforts it made to obtain the information. 14,831
(4) When a juvenile court commits a delinquent child to 14,833
the custody of the department of youth services, the court shall 14,834
331
give notice to the school attended by the child of the child's 14,835
commitment by sending to that school a copy of the court's 14,836
journal entry ordering the commitment. As soon as possible after 14,837
receipt of the notice described in this division, the school 14,838
shall provide the department with the child's school transcript. 14,839
However, the department shall not refuse to accept a child 14,840
committed to it, and a child committed to it shall not be held in 14,841
a county or district detention home, because of a school's 14,842
failure to provide the school transcript that it is required to 14,843
provide under division (E)(4) of this section. 14,844
(5) The department of youth services shall provide the 14,846
court and the school with an updated copy of the child's school 14,847
transcript and shall provide the court with a summary of the 14,848
institutional record of the child when it releases the child from 14,849
institutional care. The department also shall provide the court 14,850
with a copy of any portion of the child's institutional record 14,851
that the court specifically requests within five working days of 14,852
the request.
(6) When a juvenile court commits a delinquent child to 14,854
the custody of the department of youth services pursuant to 14,855
division (A)(4) or (5) of this section, the court shall state in 14,856
the order of commitment the total number of days that the child 14,857
has been held, as of the date of the issuance of the order, in 14,858
detention in connection with the delinquent child complaint upon 14,859
which the order of commitment is based. The department shall 14,861
reduce the minimum period of institutionalization or minimum 14,862
period of institutionalization in a secure facility specified in 14,863
division (A)(4) or (5) of this section by both the total number 14,864
of days that the child has been so held in detention as stated by 14,865
the court in the order of commitment and the total number of any 14,866
additional days that the child has been held in detention 14,867
subsequent to the order of commitment but prior to the transfer 14,868
of physical custody of the child to the department.
(F)(1) At any hearing at which a child is adjudicated a 14,871
332
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 14,872
entitled to a recovery under any of the following sections, of 14,873
the right of the victims to recover, pursuant to section 3109.09 14,874
of the Revised Code, compensatory damages from the child's 14,875
parents; of the right of the victims to recover, pursuant to 14,876
section 3109.10 of the Revised Code, compensatory damages from 14,877
the child's parents for willful and malicious assaults committed 14,878
by the child; and of the right of the victims to recover an award 14,879
of reparations pursuant to sections 2743.51 to 2743.72 of the 14,880
Revised Code. 14,881
(2) If a child is adjudicated a delinquent child for 14,884
committing an act that, if committed by an adult, would be 14,885
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 14,886
involuntary manslaughter, a felony of the first or second degree 14,888
resulting in the death of or physical harm to a person, 14,889
complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is 14,890
or was substantially equivalent to any of those offenses and if 14,891
the court in its order of disposition for that act commits the 14,892
child to the custody of the department of youth services, the 14,893
court may make a specific finding that the adjudication should be 14,894
considered a conviction for purposes of a determination in the 14,895
future, pursuant to Chapter 2929. of the Revised Code, as to 14,896
whether the child is a repeat violent offender as defined in 14,897
section 2929.01 of the Revised Code. If the court makes a 14,898
specific finding as described in this division, it shall include 14,899
the specific finding in its order of disposition and in the 14,900
record in the case.
(G)(1) If a child is adjudicated a delinquent child for 14,902
committing an act that would be a felony if committed by an adult 14,904
and if the child caused, attempted to cause, threatened to cause, 14,905
or created the risk of physical harm to the victim of the act, 14,906
333
the court, prior to issuing an order of disposition under this 14,907
section, shall order the preparation of a victim impact statement 14,908
by the probation department of the county in which the victim of 14,909
the act resides, by the court's own probation department, or by a 14,910
victim assistance program that is operated by the state, a 14,911
county, a municipal corporation, or another governmental entity. 14,912
The court shall consider the victim impact statement in 14,913
determining the order of disposition to issue for the child. 14,914
(2) Each victim impact statement shall identify the victim 14,916
of the act for which the child was adjudicated a delinquent 14,917
child, itemize any economic loss suffered by the victim as a 14,918
result of the act, identify any physical injury suffered by the 14,919
victim as a result of the act and the seriousness and permanence 14,920
of the injury, identify any change in the victim's personal 14,921
welfare or familial relationships as a result of the act and any 14,922
psychological impact experienced by the victim or the victim's 14,923
family as a result of the act, and contain any other information 14,924
related to the impact of the act upon the victim that the court 14,925
requires. 14,926
(3) A victim impact statement shall be kept confidential 14,928
and is not a public record, as defined in section 149.43 of the 14,929
Revised Code. However, the court may furnish copies of the 14,930
statement to the department of youth services pursuant to 14,931
division (E)(3) of this section or to both the adjudicated 14,932
delinquent child or the adjudicated delinquent child's counsel 14,933
and the prosecuting attorney. The copy of a victim impact 14,935
statement furnished by the court to the department pursuant to 14,936
division (E)(3) of this section shall be kept confidential and is 14,937
not a public record, as defined in section 149.43 of the Revised 14,938
Code. The copies of a victim impact statement that are made 14,939
available to the adjudicated delinquent child or the adjudicated 14,940
delinquent child's counsel and the prosecuting attorney pursuant 14,942
to division (G)(3) of this section shall be returned to the court 14,944
by the person to whom they were made available immediately 14,945
334
following the imposition of an order of disposition for the child 14,946
under this section.
(H)(1) As used in this division, "felony drug abuse 14,948
offense" has the same meaning as in section 2925.01 of the 14,949
Revised Code. 14,950
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 14,952
to children who are adjudicated or could be adjudicated by a 14,953
juvenile court to be delinquent children for an act that, if 14,954
committed by an adult, would be a felony drug abuse offense. 14,955
Subject to division (B) of section 2925.42 and division (E) of 14,956
section 2925.43 of the Revised Code, a delinquent child of that 14,957
nature loses any right to the possession of, and forfeits to the 14,958
state any right, title, and interest that the delinquent child 14,959
may have in, property as defined in section 2925.41 and further 14,961
described in section 2925.42 or 2925.43 of the Revised Code. 14,962
(I)(1) As used in this section: 14,964
(a) "Electronic monitoring device," "certified electronic 14,966
monitoring device," "electronic monitoring system," and 14,967
"certified electronic monitoring system" have the same meanings 14,968
as in section 2929.23 of the Revised Code. 14,969
(b) "Electronically monitored house detention" means a 14,971
period of confinement of a child in the child's home or in other 14,972
premises specified by the court, during which period of 14,974
confinement all of the following apply: 14,975
(i) The child wears, otherwise has attached to the child's 14,977
person, or otherwise is subject to monitoring by a certified 14,978
electronic monitoring device or is subject to monitoring by a 14,979
certified electronic monitoring system. 14,980
(ii) The child is required to remain in the child's home 14,982
or other premises specified by the court for the specified period 14,983
of confinement, except for periods of time during which the child 14,984
is at school or at other premises as authorized by the court. 14,985
(iii) The child is subject to monitoring by a central 14,987
system that monitors the certified electronic monitoring device 14,988
335
that is attached to the child's person or that otherwise is being 14,989
used to monitor the child and that can monitor and determine the 14,991
child's location at any time or at a designated point in time, or 14,992
the child is required to participate in monitoring by a certified 14,994
electronic monitoring system. 14,995
(iv) The child is required by the court to report 14,997
periodically to a person designated by the court. 14,998
(v) The child is subject to any other restrictions and 15,000
requirements that may be imposed by the court. 15,001
(2) A juvenile court, pursuant to division (A)(10) of this 15,003
section, may impose a period of electronically monitored house 15,004
detention upon a child who is adjudicated a delinquent child for 15,005
committing an act that, if committed by an adult, would be a 15,006
criminal offense that would qualify the adult as an eligible 15,007
offender pursuant to division (A)(3) of section 2929.23 of the 15,008
Revised Code. The court may impose a period of electronically 15,009
monitored house detention in addition to or in lieu of any other 15,010
dispositional order imposed upon the child, except that any 15,011
period of electronically monitored house detention shall not 15,012
extend beyond the child's eighteenth birthday. If a court 15,013
imposes a period of electronically monitored house detention upon 15,014
a child, it shall require the child to wear, otherwise have 15,015
attached to the child's person, or otherwise be subject to 15,016
monitoring by a certified electronic monitoring device or to 15,018
participate in the operation of and monitoring by a certified 15,019
electronic monitoring system; to remain in the child's home or 15,020
other specified premises for the entire period of electronically 15,022
monitored house detention except when the court permits the child 15,023
to leave those premises to go to school or to other specified 15,024
premises; to be monitored by a central system that monitors the 15,025
certified electronic monitoring device that is attached to the 15,026
child's person or that otherwise is being used to monitor the 15,027
child and that can monitor and determine the child's location at 15,028
any time or at a designated point in time or to be monitored by 15,029
336
the certified electronic monitoring system; to report 15,030
periodically to a person designated by the court; and, in return 15,031
for receiving a dispositional order of electronically monitored 15,032
house detention, to enter into a written contract with the court 15,033
agreeing to comply with all restrictions and requirements imposed 15,034
by the court, agreeing to pay any fee imposed by the court for 15,035
the costs of the electronically monitored house detention imposed 15,036
by the court pursuant to division (E) of section 2929.23 of the 15,037
Revised Code, and agreeing to waive the right to receive credit 15,038
for any time served on electronically monitored house detention 15,039
toward the period of any other dispositional order imposed upon 15,040
the child for the act for which the dispositional order of 15,041
electronically monitored house detention was imposed if the child 15,042
violates any of the restrictions or requirements of the 15,043
dispositional order of electronically monitored house detention. 15,044
The court also may impose other reasonable restrictions and 15,045
requirements upon the child.
(3) If a child violates any of the restrictions or 15,047
requirements imposed upon the child as part of the child's 15,048
dispositional order of electronically monitored house detention, 15,049
the child shall not receive credit for any time served on 15,050
electronically monitored house detention toward any other 15,051
dispositional order imposed upon the child for the act for which 15,052
the dispositional order of electronically monitored house 15,054
detention was imposed.
(J) Within ten days after completion of the adjudication, 15,056
the court shall give written notice of an adjudication that a 15,057
child is a delinquent child to the superintendent of a city, 15,058
local, exempted village, or joint vocational school district if 15,059
the basis of the adjudication was the commission of an act that 15,060
would be a criminal offense if committed by an adult and that was 15,061
committed by the delinquent child when the child was sixteen 15,062
years of age or older and if the act is any of the following: 15,063
(1) A violation of section 2923.122 of the Revised Code 15,065
337
that relates to property owned or controlled by, or to an 15,066
activity held under the auspices of, the board of education of 15,067
that school district; 15,068
(2) A violation of section 2923.12 of the Revised Code or 15,070
of a substantially similar municipal ordinance that was committed 15,071
on property owned or controlled by, or at an activity held under 15,072
the auspices of, the board of education of that school district; 15,073
(3) A violation of division (A) of section 2925.03 or 15,075
2925.11 of the Revised Code that was committed on property owned 15,076
or controlled by, or at an activity held under the auspices of, 15,077
the board of education of that school district and that is not a 15,078
minor drug possession offense as defined in section 2925.01 of 15,079
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 15,081
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 15,083
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 15,084
at an activity held under the auspices of, the board of education 15,085
of that school district, if the victim at the time of the 15,087
commission of the act was an employee of the board of education 15,088
of that school district;
(5) Complicity in any violation described in division 15,090
(J)(1), (2), (3), or (4) of this section that was alleged to have 15,092
been committed in the manner described in division (J)(1), (2), 15,093
(3), or (4) of this section, regardless of whether the act of 15,095
complicity was committed on property owned or controlled by, or 15,096
at an activity held under the auspices of, the board of education 15,097
of that school district. 15,098
(K) During the period of a delinquent child's probation 15,100
granted under division (A)(2) of this section, authorized 15,102
probation officers who are engaged within the scope of their 15,103
supervisory duties or responsibilities may search, with or 15,104
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 15,105
338
another item of tangible or intangible personal property, or 15,106
other real property in which the delinquent child has a right, 15,107
title, or interest or for which the delinquent child has the 15,108
express or implied permission of a person with a right, title, or 15,109
interest to use, occupy, or possess if the probation officers 15,110
have reasonable grounds to believe that the delinquent child is 15,111
not abiding by the law or otherwise is not complying with the 15,112
conditions of the delinquent child's probation. The court that 15,113
places a delinquent child on probation under division (A)(2) of 15,114
this section shall provide the delinquent child with a written 15,115
notice that informs the delinquent child that authorized 15,116
probation officers who are engaged within the scope of their 15,117
supervisory duties or responsibilities may conduct those types of 15,119
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 15,120
the law or otherwise is not complying with the conditions of the 15,121
delinquent child's probation. The court also shall provide the 15,122
written notice described in division (C)(2)(b) of section 15,123
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 15,124
(C)(2)(a) of that section. 15,125
(L) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL SEPTEMBER 15,127
30, 1997. 15,128
Sec. 2151.421. (A)(1)(a) No attorney, physician, 15,140
including a hospital intern or resident, dentist, podiatrist, 15,141
practitioner of a limited branch of medicine or surgery as 15,142
defined in section 4731.15 of the Revised Code, registered nurse, 15,143
licensed practical nurse, visiting nurse, other health care 15,144
professional, licensed psychologist, licensed school 15,145
psychologist, speech pathologist or audiologist, coroner, 15,146
administrator or employee of a child day-care center, 15,147
administrator or employee of a certified child care agency or 15,148
other public or private children services agency, school teacher, 15,149
school employee, school authority, person engaged in social work 15,150
339
or the practice of professional counseling, or person rendering
spiritual treatment through prayer in accordance with the tenets 15,151
of a well-recognized religion, PERSON DESCRIBED IN DIVISION 15,153
(A)(1)(b) OF THIS SECTION who is acting in an official or 15,154
professional capacity and knows or suspects that a child under 15,155
eighteen years of age or a mentally retarded, developmentally 15,157
disabled, or physically impaired child under twenty-one years of 15,158
age has suffered or faces a threat of suffering any physical or 15,159
mental wound, injury, disability, or condition of a nature that 15,160
reasonably indicates abuse or neglect of the child, shall fail to 15,161
immediately report that knowledge or suspicion to the PUBLIC 15,162
children services board, the county department of human services 15,163
exercising the children services function, AGENCY or a municipal 15,164
or county peace officer in the county in which the child resides 15,165
or in which the abuse or neglect is occurring or has occurred. 15,166
(b) DIVISION (A)(1)(a) OF THIS SECTION APPLIES TO ANY 15,170
PERSON WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN 15,171
OR RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED 15,172
BRANCH OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 OF 15,173
THE REVISED CODE; REGISTERED NURSE; LICENSED PRACTICAL NURSE; 15,176
VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED 15,177
PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR 15,178
AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD 15,179
DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD 15,180
CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; 15,181
SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED 15,182
IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR A 15,183
PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE 15,185
WITH THE TENETS OF A WELL-RECOGNIZED RELIGION.
(2) An attorney OR A PHYSICIAN is not required to make a 15,187
report pursuant to division (A)(1) of this section concerning any 15,189
communication the attorney the attorney's a client the attorney 15,190
OR PHYSICIAN receives from a client OR PATIENT in an 15,192
attorney-client OR PHYSICIAN-PATIENT relationship, if, in 15,193
340
accordance with division (A) OR (B) of section 2317.02 of the 15,195
Revised Code, the attorney OR PHYSICIAN could not testify with 15,196
respect to that communication in a civil or criminal proceeding, 15,197
except that the client OR PATIENT is deemed to have waived any 15,198
testimonial privilege under division (A) OR (B) of section 15,200
2317.02 of the Revised Code with respect to that communication 15,202
and the attorney OR PHYSICIAN shall make a report pursuant to 15,204
division (A)(1) of this section with respect to that 15,205
communication, if all of the following apply:
(a) The client OR PATIENT, at the time of the 15,207
communication, is either a child under eighteen years of age or a 15,208
mentally retarded, developmentally disabled, or physically 15,210
impaired person under twenty-one years of age. 15,211
(b) The attorney OF PHYSICIAN knows or suspects, as a 15,213
result of the communication or any observations made during that 15,214
communication, that the client OR PATIENT has suffered or faces a 15,215
threat of suffering any physical or mental wound, injury, 15,217
disability, or condition of a nature that reasonably indicates 15,218
abuse or neglect of the client OR PATIENT. 15,219
(c) The attorney-client OR PHYSICIAN-PATIENT relationship 15,221
does not arise out of the client's OR PATIENT'S attempt to have 15,223
an abortion without the notification of her parents, guardian, or 15,225
custodian in accordance with section 2151.85 of the Revised Code. 15,226
(3) A physician is not required to make a report pursuant 15,228
to division (A)(1) of this section concerning any communication 15,229
the physician the physician's the patient the physician receives 15,230
from a patient in a physician-patient relationship, if, in 15,231
accordance with division (B) of section 2317.02 of the Revised 15,233
Code, the physician could not testify with respect to that 15,234
communication in a civil or criminal proceeding, except that the 15,235
patient is deemed to have waived any testimonial privilege under 15,236
division (B) of section 2317.02 of the Revised Code with respect 15,237
to that communication and the physician shall make a report 15,238
pursuant to division (A)(1) of this section with respect to that 15,239
341
communication, if all of the following apply:
(a) The patient, at the time of the communication, is 15,241
either a child under eighteen years of age or a mentally 15,243
retarded, developmentally disabled, or physically impaired person 15,244
under twenty-one years of age. 15,245
(b) The physician knows or suspects, as a result of the 15,247
communication or any observations made during that communication, 15,248
that the patient has suffered or faces a threat of suffering any 15,249
physical or mental wound, injury, disability, or condition of a 15,250
nature that reasonably indicates abuse or neglect of the patient. 15,251
(c) The physician-patient relationship does not arise out 15,253
of the patient's attempt to have an abortion without the 15,254
notification of her parents, guardian, or custodian in accordance 15,255
with section 2151.85 of the Revised Code. 15,256
(B) Anyone, who knows or suspects that a child under 15,258
eighteen years of age or a mentally retarded, developmentally 15,260
disabled, or physically impaired person under twenty-one years of 15,261
age has suffered or faces a threat of suffering any physical or 15,262
mental wound, injury, disability, or other condition of a nature 15,263
that reasonably indicates abuse or neglect of the child, may 15,264
report or cause reports to be made of that knowledge or suspicion 15,265
to the PUBLIC children services board, the county department of 15,266
human services exercising the children services function, AGENCY 15,267
or to a municipal or county peace officer. 15,269
(C) Any report made pursuant to division (A) or (B) of 15,271
this section shall be made forthwith either by telephone or in 15,272
person and shall be followed by a written report, if requested by 15,274
the receiving agency or officer. The written report shall
contain: 15,275
(1) The names and addresses of the child and the child's 15,277
parents or the person or persons having custody of the child, if 15,278
known;
(2) The child's age and the nature and extent of the 15,280
child's known or suspected injuries, abuse, or neglect or of the 15,281
342
known or suspected threat of injury, abuse, or neglect, including 15,282
any evidence of previous injuries, abuse, or neglect; 15,283
(3) Any other information that might be helpful in 15,285
establishing the cause of the known or suspected injury, abuse, 15,286
or neglect or of the known or suspected threat of injury, abuse, 15,287
or neglect. 15,288
Any person, who is required by division (A) of this section 15,290
to report known or suspected child abuse or child neglect, may 15,291
take or cause to be taken color photographs of areas of trauma 15,292
visible on a child and, if medically indicated, cause to be 15,293
performed radiological examinations of the child. 15,294
(D)(1) Upon the receipt of a report concerning the 15,296
possible abuse or neglect of a child or the possible threat of 15,297
abuse or neglect of a child, the municipal or county peace 15,298
officer who receives the report shall refer the report to the 15,299
appropriate county department of human services or PUBLIC 15,300
children services board AGENCY. 15,301
(2) ON RECEIPT OF A REPORT PURSUANT TO THIS DIVISION OR 15,304
DIVISION (A) OR (B) OF THIS SECTION, THE PUBLIC CHILDREN SERVICES 15,306
AGENCY SHALL COMPLY WITH SECTION 2151.422 OF THE REVISED CODE. 15,308
(E) No township, municipal, or county peace officer shall 15,310
remove a child about whom a report is made pursuant to this 15,311
section from the child's parents, stepparents, or guardian or any 15,312
other persons having custody of the child without consultation 15,313
with the PUBLIC children services board or the county department 15,314
of human services exercising the children services function 15,315
AGENCY, unless, in the judgment of the reporting physician and 15,317
the officer, AND, IF THE REPORT WAS MADE BY PHYSICIAN, THE 15,318
PHYSICIAN, immediate removal is considered essential to protect 15,319
the child from further abuse or neglect. THE AGENCY THAT MUST BE 15,322
CONSULTED SHALL BE THE AGENCY CONDUCTING THE INVESTIGATION OF THE 15,323
REPORT AS DETERMINED PURSUANT TO SECTION 2151.422 OF THE REVISED 15,324
CODE. 15,325
(F)(1) The county department of human services or EXCEPT 15,327
343
AS PROVIDED IN SECTION 2151.422 OF THE REVISED CODE, THE PUBLIC 15,328
children services board AGENCY shall investigate, within 15,330
twenty-four hours, each report of known or suspected child abuse 15,332
or child neglect and of a known or suspected threat of child 15,333
abuse or child neglect that is referred to it under this section 15,334
to determine the circumstances surrounding the injuries, abuse, 15,335
or neglect or the threat of injury, abuse, or neglect, the cause 15,336
of the injuries, abuse, neglect, or threat, and the person or 15,337
persons responsible. The investigation shall be made in 15,338
cooperation with the law enforcement agency and in accordance 15,339
with the plan of cooperation for the county adopted MEMORANDUM OF 15,340
UNDERSTANDING PREPARED under division (J) of this section. A 15,341
failure to make the investigation in accordance with the plan of 15,342
cooperation MEMORANDUM is not grounds for, and shall not result 15,343
in, the dismissal of any charges or complaint arising from the 15,345
report or the suppression of any evidence obtained as a result of 15,346
the report and does not give, and shall not be construed as 15,347
giving, any rights or any grounds for appeal or post-conviction 15,348
relief to any person. The county department of human services or 15,349
PUBLIC children services board AGENCY shall report each case to a 15,351
central registry which the state department of human services 15,353
shall maintain in order to determine whether prior reports have 15,354
been made in other counties concerning the child or other 15,355
principals in the case. The department or board AGENCY shall 15,356
submit a report of its investigation, in writing to the law 15,358
enforcement agency.
(2) The county department of human services or PUBLIC 15,360
children services board AGENCY shall make any recommendations to 15,361
the county prosecuting attorney or city director of law that it 15,363
considers necessary to protect any children that are brought to 15,364
its attention. 15,365
(G)(1) Except as provided in division (H)(3) of this 15,367
section, anyone or any hospital, institution, school, health 15,368
department, or agency participating in the making of reports 15,369
344
under division (A) of this section, anyone or any hospital, 15,370
institution, school, health department, or agency participating 15,371
in good faith in the making of reports under division (B) of this 15,372
section, and anyone participating in good faith in a judicial 15,373
proceeding resulting from the reports, shall be immune from any 15,374
civil or criminal liability for injury, death, or loss to person 15,375
or property that otherwise might be incurred or imposed as a 15,376
result of the making of the reports or the participation in the 15,377
judicial proceeding. Notwithstanding section 4731.22 of the 15,378
Revised Code, the physician-patient privilege shall not be a 15,379
ground for excluding evidence regarding a child's injuries, 15,380
abuse, or neglect, or the cause of the injuries, abuse, or 15,381
neglect in any judicial proceeding resulting from a report 15,382
submitted pursuant to this section. 15,383
(2) In any civil or criminal action or proceeding in which 15,385
it is alleged and proved that participation in the making of a 15,386
report under this section was not in good faith or participation 15,387
in a judicial proceeding resulting from a report made under this 15,388
section was not in good faith, the court shall award the 15,389
prevailing party reasonable attorney's fees and costs and, if a 15,390
civil action or proceeding is voluntarily dismissed, may award 15,391
reasonable attorney's fees and costs to the party against whom 15,392
the civil action or proceeding is brought. 15,393
(H)(1) Except as provided in division DIVISIONS (H)(4), 15,396
(M), AND (N) of this section, a report made under this section is 15,397
confidential. The information provided in a report made pursuant 15,398
to this section and the name of the person who made the report 15,399
shall not be released for use, and shall not be used, as evidence 15,400
in any civil action or proceeding brought against the person who 15,401
made the report. In a criminal proceeding, the report is 15,402
admissible in evidence in accordance with the Rules of Evidence 15,403
and is subject to discovery in accordance with the Rules of 15,404
Criminal Procedure. 15,405
(2) No person shall permit or encourage the unauthorized 15,407
345
dissemination of the contents of any report made under this 15,408
section. 15,409
(3) A person who knowingly makes or causes another person 15,411
to make a false report under division (B) of this section that 15,412
alleges that any person has committed an act or omission that 15,413
resulted in a child being an abused child or a neglected child is 15,414
guilty of a violation of section 2921.14 of the Revised Code. 15,415
(4) A public children services agency shall advise a 15,418
person alleged to have inflicted abuse or neglect on a child who 15,419
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 15,420
to the person a statement of the allegations ANY INFORMATION THAT 15,421
IDENTIFIES THE PERSON WHO MADE THE REPORT, statements of 15,422
witnesses, or police or other investigative reports. 15,423
(I) Any report that is required by this section shall 15,425
result in protective services and emergency supportive services 15,426
being made available by the county department of human services 15,427
or PUBLIC children services board AGENCY on behalf of the 15,429
children about whom the report is made, in an effort to prevent 15,430
further neglect or abuse, to enhance their welfare, and, whenever 15,431
possible, to preserve the family unit intact. THE AGENCY 15,433
REQUIRED TO PROVIDE THE SERVICES SHALL BE THE AGENCY CONDUCTING 15,434
THE INVESTIGATION OF THE REPORT PURSUANT TO SECTION 2151.422 OF 15,435
THE REVISED CODE. 15,437
(J) There shall be placed on file with the juvenile court 15,439
in each county and the department of human services an initial 15,440
plan of cooperation jointly prepared and subscribed to by a 15,441
committee consisting of the presiding judge of the court of 15,442
common pleas of the county or a the presiding judge's 15,443
representative; if (1) EACH PUBLIC CHILDREN SERVICES AGENCY 15,444
SHALL PREPARE A MEMORANDUM OF UNDERSTANDING THAT IS SIGNED BY ALL 15,446
OF THE FOLLOWING:
(a) IF there is only one juvenile judge in the county, the 15,449
juvenile judge of the county or a the juvenile judge's 15,450
346
representative; if
(b) IF there is more than one juvenile judge in the 15,454
county, a juvenile judge or a the judge's JUVENILE JUDGES' 15,455
representative selected by the juvenile judges or, if they are 15,456
unable to do so for any reason, the juvenile judge who is senior 15,457
in point of service or a the senior juvenile judge's 15,458
representative; the
(c) THE county peace officer; all 15,461
(d) ALL chief municipal peace officers within the county; 15,464
all chief township peace officers within 15,465
(e) OTHER LAW ENFORCEMENT OFFICERS HANDLING CHILD ABUSE 15,467
AND NEGLECT CASES IN the county; the 15,468
(f) THE prosecuting attorney of the county; the director 15,471
of law of each city within the county; the village solicitor of 15,472
each village within the county; and the children services board 15,473
or
(g) IF THE PUBLIC CHILDREN SERVICES AGENCY IS NOT THE 15,475
county department of human services exercising the children 15,477
services function as convened by, the county director DEPARTMENT 15,478
of human services. The plan 15,479
(2) A MEMORANDUM OF UNDERSTANDING shall set forth the 15,481
normal operating procedure to be employed by all concerned 15,483
officials in the execution of their respective responsibilities 15,484
under this section and division (C) of section 2919.21, division 15,485
(B)(1) of section 2919.22, division (B) of section 2919.23, and 15,486
section 2919.24 of the Revised Code and shall have as two of its 15,487
primary goals the elimination of all unnecessary interviews of 15,488
children who are the subject of reports made pursuant to division 15,489
(A) or (B) of this section and, when feasible, providing for only 15,490
one interview of a child who is the subject of any report made 15,491
pursuant to division (A) or (B) of this section. A failure to 15,492
follow the procedure set forth in the plan in the execution of 15,493
those responsibilities MEMORANDUM by the concerned officials is 15,495
not grounds for, and shall not result in, the dismissal of any 15,496
347
charges or complaint arising from any reported case of abuse or 15,497
neglect or the suppression of any evidence obtained as a result 15,498
of any reported child abuse or child neglect and does not give, 15,499
and shall not be construed as giving, any rights or any grounds 15,500
for appeal or post-conviction relief to any person. The plan 15,501
(3) A MEMORANDUM OF UNDERSTANDING shall include all of the 15,503
following: 15,504
(1) A system for cross-referral of reported (a) THE ROLES 15,506
AND RESPONSIBILITIES FOR HANDLING EMERGENCY AND NON-EMERGENCY 15,507
cases of abuse and neglect as necessary; 15,509
(2)(b) Standards and procedures to be used in handling and 15,511
coordinating investigations of reported cases of child abuse and 15,512
reported cases of child neglect, methods to be used in 15,513
interviewing the child who is the subject of the report and who 15,514
allegedly was abused or neglected, AND standards and procedures 15,515
addressing the categories of persons who may interview the child 15,516
who is the subject of the report and who allegedly was abused or 15,517
neglected, standards and procedures governing the making of a 15,518
videotape of any interview if an interview is videotaped, a 15,519
system for sharing the information obtained as a result of any 15,520
interview and any videotape made of it, and a system for reducing 15,521
the number of times that the child who is the subject of the 15,522
report and who allegedly was abused or neglected is interviewed; 15,523
(3) Any other standards, procedures, or systems that the 15,525
committee believes may minimize damage and trauma to the child 15,526
who is the subject of a reported case of child abuse or child 15,527
neglect; 15,528
(4) The name and title of the official directly 15,530
responsible for making reports to the central registry. 15,531
(K)(1) the person of receiving EXCEPT AS PROVIDED IN 15,533
DIVISION (K)(4) OF THIS SECTION A person who is required to make 15,534
a report pursuant to division (A) of this section the person 15,535
making the report the person's the person of making the person's 15,536
the person making the report may make a reasonable number of 15,538
348
requests of the county department of human services or PUBLIC 15,539
children services board AGENCY that receives or is referred the 15,541
report to the person making the report be provided with the 15,542
following information:
(a) Whether the department or board AGENCY has initiated 15,544
an investigation of the report; 15,545
(b) Whether the department or board AGENCY is continuing 15,547
to investigate the report; 15,548
(c) Whether the department or board AGENCY is otherwise 15,550
involved with the child who is the subject of the report; 15,552
(d) The general status of the health and safety of the 15,554
child who is the subject of the report; 15,555
(e) Whether the report has resulted in the filing of a 15,557
complaint in juvenile court or of criminal charges in another 15,558
court. 15,559
(2) A person may request the information specified in 15,561
division (K)(1) of this section only if, at the time the report 15,562
is made, the person's name, address, and telephone number are 15,563
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 15,565
county department of human services or PUBLIC children services 15,566
board AGENCY receives a report pursuant to division (A) or (B) of 15,569
this section the recipient of the report shall inform the person
of the right to request the information described in division 15,571
(K)(1) of this section. The recipient of the report shall 15,572
include in the initial child abuse or child neglect report that 15,573
the person making the report was so informed and, if provided at 15,574
the time of the making of the report, shall include the person's 15,575
name, address, and telephone number in the report.
the person's the person of making the person 15,577
Each request is subject to verification of the identity the 15,579
that person's the person of making of the person making the 15,580
report. If that person's identity is verified, the department or 15,581
board AGENCY shall provide the person with the information 15,583
349
described in division (K)(1) of this section a reasonable number 15,584
of times, except that the department or board AGENCY shall not 15,585
disclose any confidential information regarding the child who is 15,586
the subject of the report other than the information described in 15,587
those divisions.
(3) A request made pursuant to division (K)(1) of this 15,589
section is not a substitute for any report required to be made 15,590
pursuant to division (A) of this section. 15,591
(4) IF AN AGENCY OTHER THAN THE AGENCY THAT RECEIVED OR 15,594
WAS REFERRED THE REPORT IS CONDUCTING THE INVESTIGATION OF THE 15,595
REPORT PURSUANT TO SECTION 2151.422 OF THE REVISED CODE, THE 15,597
AGENCY CONDUCTING THE INVESTIGATION SHALL COMPLY WITH THE 15,598
REQUIREMENTS OF DIVISION (K). 15,599
(L) The department of human services shall exercise 15,601
rule-making authority under ADOPT RULES IN ACCORDANCE WITH 15,602
Chapter 119. of the Revised Code to aid in the implementation of 15,604
IMPLEMENT this section. The department may enter into a plan of 15,606
cooperation with any other governmental entity to aid in ensuring 15,607
that children are protected from abuse and neglect. The 15,608
department shall make recommendations to the attorney general 15,609
that the department determines are necessary to protect children 15,610
from child abuse and child neglect. 15,611
(M) No later than the end of the day following the day on 15,614
which a PUBLIC children services board or county department of 15,616
human services exercising the children services function AGENCY 15,617
receives a report of alleged child abuse or child neglect, or a 15,618
report of an alleged threat of child abuse or child neglect, that 15,619
allegedly occurred in or involved an out-of-home care entity, the 15,620
board or department AGENCY shall provide written notice of the 15,622
allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or 15,623
other chief administrative officer of the out-of-home care entity 15,624
that is the subject of the report unless the administrator, 15,625
director, or other chief administrative officer is named as an 15,626
350
alleged perpetrator in the report. If the administrator, 15,627
director, or other chief administrative officer of an out-of-home 15,628
care entity is named as an alleged perpetrator in a report of 15,629
alleged child abuse or child neglect, or a report of an alleged 15,630
threat of child abuse or child neglect, that allegedly occurred 15,631
in or involved the out-of-home care entity, the board or 15,632
department AGENCY shall provide the written notice to the owner 15,634
or governing board of the out-of-home care entity that is the 15,635
subject of the report. The board or department AGENCY shall not 15,636
provide witness statements or police or other investigative 15,637
reports.
(N) No later than three days after the day on which a 15,640
PUBLIC children services board or county department of human
services exercising the children services function AGENCY THAT 15,641
CONDUCTED THE INVESTIGATION AS DETERMINED PURSUANT TO SECTION 15,642
2151.422 OF THE REVISED CODE makes a disposition of an 15,644
investigation involving a report of alleged child abuse or child 15,645
neglect, or a report of an alleged threat of child abuse or child 15,646
neglect, that allegedly occurred in or involved an out-of-home 15,647
care entity, the board or department AGENCY shall provide SEND 15,649
written notice of the disposition of the investigation to the 15,650
administrator, director, or other chief administrative officer 15,651
and the owner or governing board of the out-of-home care entity. 15,652
The board or department AGENCY shall not provide witness 15,653
statements or police or other investigative reports. 15,654
Sec. 2151.422. (A) AS USED IN THIS SECTION, "HOMELESS 15,657
SHELTER" MEANS A FACILITY THAT PROVIDES ACCOMMODATIONS TO 15,658
HOMELESS INDIVIDUALS.
(B) ON RECEIPT OF A NOTICE PURSUANT TO DIVISION (A), (B), 15,663
OR (D) OF SECTION 2151.421 OF THE REVISED CODE, THE PUBLIC 15,666
CHILDREN SERVICES AGENCY SHALL DETERMINE WHETHER THE CHILD 15,667
SUBJECT TO THE REPORT IS LIVING IN A SHELTER FOR VICTIMS OF 15,668
DOMESTIC VIOLENCE OR A HOMELESS SHELTER AND WHETHER THE CHILD WAS 15,669
BROUGHT TO THAT SHELTER PURSUANT TO AN AGREEMENT WITH A SHELTER 15,670
351
IN ANOTHER COUNTY. IF THE CHILD IS LIVING IN A SHELTER AND WAS 15,671
BROUGHT THERE FROM ANOTHER COUNTY, THE AGENCY SHALL IMMEDIATELY 15,672
NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY FROM 15,673
WHICH THE CHILD WAS BROUGHT OF THE REPORT AND ALL THE INFORMATION 15,674
CONTAINED IN THE REPORT. ON RECEIPT OF THE NOTICE PURSUANT TO 15,675
THIS DIVISION, THE AGENCY OF THE COUNTY FROM WHICH THE CHILD WAS 15,676
BROUGHT SHALL CONDUCT THE INVESTIGATION OF THE REPORT REQUIRED 15,677
PURSUANT TO SECTION 2151.421 OF THE REVISED CODE AND SHALL 15,680
PERFORM ALL DUTIES REQUIRED OF THE AGENCY UNDER THIS CHAPTER WITH 15,681
RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE REPORT. IF THE 15,682
CHILD IS NOT LIVING IN A SHELTER OR THE CHILD WAS NOT BROUGHT TO 15,683
THE SHELTER FROM ANOTHER COUNTY, THE AGENCY THAT RECEIVED THE 15,684
REPORT PURSUANT TO DIVISION (A), (B), OR (D) OF SECTION 2151.421 15,687
OF THE REVISED CODE SHALL CONDUCT THE INVESTIGATION REQUIRED 15,690
PURSUANT TO SECTION 2151.421 OF THE REVISED CODE AND SHALL 15,692
PERFORM ALL DUTIES REQUIRED OF THE AGENCY UNDER THIS CHAPTER WITH 15,693
RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE REPORT. THE 15,694
AGENCY OF THE COUNTY IN WHICH THE SHELTER IS LOCATED IN WHICH THE 15,695
CHILD IS LIVING AND THE AGENCY OF THE COUNTY FROM WHICH THE CHILD 15,696
WAS BROUGHT MAY ASK THE SHELTER TO PROVIDE INFORMATION CONCERNING 15,697
THE CHILD'S RESIDENCE ADDRESS AND COUNTY OF RESIDENCE TO THE 15,698
AGENCY. 15,699
(C) IF A CHILD IS LIVING IN A SHELTER FOR VICTIMS OF 15,702
DOMESTIC VIOLENCE OR A HOMELESS SHELTER AND THE CHILD WAS BROUGHT 15,703
TO THAT SHELTER PURSUANT TO AN AGREEMENT WITH A SHELTER IN 15,704
ANOTHER COUNTY, THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY 15,705
FROM WHICH THE CHILD WAS BROUGHT SHALL PROVIDE SERVICES TO OR 15,706
TAKE CUSTODY OF THE CHILD IF SERVICES OR CUSTODY ARE NEEDED OR 15,707
REQUIRED UNDER THIS CHAPTER OR SECTION 5153.16 OF THE REVISED 15,709
CODE.
(D) WHEN A HOMELESS SHELTER PROVIDES ACCOMMODATIONS TO A 15,712
PERSON, THE SHELTER, ON ADMITTING THE PERSON TO THE SHELTER, 15,713
SHALL DETERMINE, IF POSSIBLE, THE PERSON'S LAST KNOWN RESIDENTIAL 15,714
ADDRESS AND COUNTY OF RESIDENCE. THE INFORMATION CONCERNING THE 15,715
352
ADDRESS AND COUNTY OF RESIDENCE IS CONFIDENTIAL AND MAY ONLY BE 15,716
RELEASED TO A PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO THIS 15,717
SECTION. 15,718
Sec. 2151.55. (A) IF A CHILD IS PLACED FOR FOSTER CARE IN 15,721
A COUNTY OTHER THAN THE COUNTY IN WHICH THE CHILD RESIDED AT THE 15,722
TIME THE CHILD WAS REMOVED FROM HOME, THE SUPERINTENDENT OF THE 15,723
SCHOOL DISTRICT IN WHICH THE CHILD RESIDES IN FOSTER CARE MAY 15,724
FILE, IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE SCHOOL 15,725
DISTRICT IS LOCATED, A COMPLAINT REQUESTING THAT THE CHILD BE 15,726
REMOVED FROM THE COUNTY BECAUSE THE CHILD IS CAUSING A 15,727
SIGNIFICANT AND UNREASONABLE DISRUPTION TO THE EDUCATIONAL 15,728
PROCESS IN THE SCHOOL THE CHILD IS ATTENDING.
(B) THE COURT SHALL HOLD A HEARING AS SOON AS POSSIBLE, 15,731
BUT NO LATER THAN THIRTY DAYS AFTER THE COMPLAINT IS FILED. NO 15,732
LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE COURT HEARING 15,733
IS TO BE HELD, THE COURT SHALL SEND TO THE ENTITY THAT PLACED THE 15,734
CHILD FOR FOSTER CARE IN THE COUNTY AND TO THE SUPERINTENDENT 15,735
WRITTEN NOTICE BY FIRST CLASS MAIL OF THE DATE, TIME, PLACE, AND 15,736
PURPOSE OF THE COURT HEARING. THE HEARING SHALL BE LIMITED TO 15,737
DETERMINING WHETHER THE CHILD IS CAUSING A SIGNIFICANT AND 15,738
UNREASONABLE DISRUPTION TO THE EDUCATIONAL PROCESS. AT THE 15,739
CONCLUSION OF THE HEARING, THE COURT SHALL DETERMINE WHETHER THE 15,740
CHILD IS CAUSING SUCH A DISRUPTION. IF THE COURT DETERMINES THE 15,741
CHILD IS CAUSING SUCH A DISRUPTION, THE COURT SHALL ORDER THE 15,742
ENTITY THAT PLACED THE CHILD FOR FOSTER CARE IN THE COUNTY TO 15,743
REMOVE THE CHILD FROM THE COUNTY. IF THE COURT DETERMINES THE 15,744
CHILD IS NOT CAUSING SUCH A DISRUPTION, THE COURT SHALL DISMISS 15,745
THE COMPLAINT.
(C) IF THE COURT ORDERS THE REMOVAL OF A CHILD, THE COURT 15,748
SHALL SEND WRITTEN NOTICE OF THE REMOVAL ORDER TO THE JUVENILE 15,749
COURT THAT JOURNALIZED A CASE PLAN AS PART OF ITS DISPOSITIONAL 15,750
ORDER PURSUANT TO SECTION 2151.35 OF THE REVISED CODE OR ISSUED 15,752
ANY ORDER PURSUANT TO CHAPTER 2151. OF THE REVISED CODE REQUIRING 15,755
PLACEMENT OF THE CHILD FOR FOSTER CARE IN THE COUNTY FROM WHICH 15,756
353
THE CHILD IS ORDERED REMOVED. ON RECEIPT OF THE REMOVAL NOTICE, 15,757
THE JUVENILE COURT RECEIVING THE REMOVAL NOTICE SHALL ENTER THE 15,758
NOTICE ON ITS JOURNAL AND SHALL DO ONE OF THE FOLLOWING: 15,759
(1) IF A CASE PLAN WAS JOURNALIZED AS PART OF THE 15,761
DISPOSITIONAL ORDER, THE COURT SHALL SCHEDULE A HEARING UNDER 15,762
SECTION 2151.417 OF THE REVISED CODE TO BE HELD NO LATER THAN TEN 15,765
DAYS AFTER THE REMOVAL NOTICE WAS RECEIVED. THE COURT SHALL GIVE 15,766
NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING TO ALL 15,767
PARTIES AND THE GUARDIAN AD LITEM. AT THE HEARING, THE COURT 15,768
SHALL MAKE APPROPRIATE CHANGES TO THE CASE PLAN CONSISTENT WITH 15,769
THE REMOVAL ORDER AND JOURNALIZE THE CASE PLAN.
(2) IF NO CASE PLAN WAS JOURNALIZED AS PART OF THE 15,771
DISPOSITIONAL ORDER, THE COURT SHALL IMMEDIATELY ISSUE A NEW 15,772
ORDER CONCERNING THE CHILD'S PLACEMENT PURSUANT TO CHAPTER 2151. 15,774
OF THE REVISED CODE THAT IS CONSISTENT WITH THE REMOVAL ORDER. 15,777
(D) THIS SECTION DOES NOT AFFECT THE JURISDICTION OF A 15,780
COURT WITH RESPECT TO A CHILD FOR WHICH THE COURT ISSUED A 15,781
DISPOSITIONAL ORDER PURSUANT TO CHAPTER 2151. OF THE REVISED 15,782
CODE.
Sec. 2744.01. As used in this chapter: 15,792
(A) "Emergency call" means a call to duty, including, but 15,794
not limited to, communications from citizens, police dispatches, 15,795
and personal observations by peace officers of inherently 15,796
dangerous situations that demand an immediate response on the 15,797
part of a peace officer. 15,798
(B) "Employee" means an officer, agent, employee, or 15,800
servant, whether or not compensated or full-time or part-time, 15,801
who is authorized to act and is acting within the scope of the 15,803
officer's, agent's, employee's, or servant's employment for a 15,804
political subdivision. "Employee" does not include an 15,805
independent contractor and does not include any individual 15,806
engaged by a school district pursuant to section 3319.301 of the 15,807
Revised Code. "Employee" includes any elected or appointed 15,808
official of a political subdivision. "Employee" also includes a 15,809
354
person who has been convicted of or pleaded guilty to a criminal 15,810
offense and who has been sentenced to perform community service 15,811
work in a political subdivision whether pursuant to section 15,812
2951.02 of the Revised Code or otherwise, and a child who is 15,813
found to be a delinquent child and who is ordered by a juvenile 15,814
court pursuant to section 2151.355 of the Revised Code to perform 15,815
community service or community work in a political subdivision. 15,816
(C)(1) "Governmental function" means a function of a 15,818
political subdivision that is specified in division (C)(2) of 15,819
this section or that satisfies any of the following: 15,820
(a) A function that is imposed upon the state as an 15,822
obligation of sovereignty and that is performed by a political 15,823
subdivision voluntarily or pursuant to legislative requirement; 15,824
(b) A function that is for the common good of all citizens 15,826
of the state; 15,827
(c) A function that promotes or preserves the public 15,829
peace, health, safety, or welfare; that involves activities that 15,830
are not engaged in or not customarily engaged in by 15,831
nongovernmental persons; and that is not specified in division 15,832
(G)(2) of this section as a proprietary function. 15,833
(2) A "governmental function" includes, but is not limited 15,835
to, the following: 15,836
(a) The provision or nonprovision of police, fire, 15,838
emergency medical, ambulance, and rescue services or protection; 15,839
(b) The power to preserve the peace; to prevent and 15,841
suppress riots, disturbances, and disorderly assemblages; to 15,842
prevent, mitigate, and clean up releases of oil and hazardous and 15,843
extremely hazardous substances as defined in section 3750.01 of 15,844
the Revised Code; and to protect persons and property; 15,845
(c) The provision of a system of public education; 15,847
(d) The provision of a free public library system; 15,849
(e) The regulation of the use of, and the maintenance and 15,851
repair of, roads, highways, streets, avenues, alleys, sidewalks, 15,852
bridges, aqueducts, viaducts, and public grounds; 15,853
355
(f) Judicial, quasi-judicial, prosecutorial, legislative, 15,855
and quasi-legislative functions; 15,856
(g) The construction, reconstruction, repair, renovation, 15,858
maintenance, and operation of buildings that are used in 15,859
connection with the performance of a governmental function, 15,860
including, but not limited to, office buildings and courthouses; 15,861
(h) The design, construction, reconstruction, renovation, 15,863
repair, maintenance, and operation of jails, places of juvenile 15,864
detention, workhouses, or any other detention facility, as 15,865
defined in section 2921.01 of the Revised Code; 15,866
(i) The enforcement or nonperformance of any law; 15,868
(j) The regulation of traffic, and the erection or 15,870
nonerection of traffic signs, signals, or control devices; 15,871
(k) The collection and disposal of solid wastes, as 15,873
defined in section 3734.01 of the Revised Code, including, but 15,874
not limited to, the operation of solid waste disposal facilities, 15,875
as "facilities" is defined in that section, and the collection 15,876
and management of hazardous waste generated by households. As 15,877
used in division (C)(2)(k) of this section, "hazardous waste 15,878
generated by households" means solid waste originally generated 15,879
by individual households that is listed specifically as hazardous 15,880
waste in or exhibits one or more characteristics of hazardous 15,881
waste as defined by rules adopted under section 3734.12 of the 15,882
Revised Code, but that is excluded from regulation as a hazardous 15,883
waste by those rules. 15,884
(l) The provision or nonprovision, planning or design, 15,886
construction, or reconstruction of a public improvement, 15,887
including, but not limited to, a sewer system; 15,888
(m) The operation of a human services department or 15,890
agency, including, but not limited to, the provision of 15,891
assistance to aged and infirm persons and to persons who are 15,892
indigent; 15,893
(n) The operation of a health board, department, or 15,895
agency, including, but not limited to, any statutorily required 15,896
356
or permissive program for the provision of immunizations or other 15,897
inoculations to all or some members of the public, provided that 15,898
a "governmental function" does not include the supply, 15,899
manufacture, distribution, or development of any drug or vaccine 15,900
employed in any such immunization or inoculation program by any 15,901
supplier, manufacturer, distributor, or developer of the drug or 15,902
vaccine; 15,903
(o) The operation of mental health facilities, mental 15,905
retardation or developmental disabilities facilities, alcohol 15,906
treatment and control centers, and children's homes or agencies; 15,907
(p) The provision or nonprovision of inspection services 15,909
of all types, including, but not limited to, inspections in 15,910
connection with building, zoning, sanitation, fire, plumbing, and 15,911
electrical codes, and the taking of actions in connection with 15,912
those types of codes, including, but not limited to, the approval 15,913
of plans for the construction of buildings or structures and the 15,914
issuance or revocation of building permits or stop work orders in 15,915
connection with buildings or structures; 15,916
(q) Urban renewal projects and the elimination of slum 15,918
conditions; 15,919
(r) Flood control measures; 15,921
(s) The design, construction, reconstruction, renovation, 15,923
operation, care, repair, and maintenance of a township cemetery; 15,924
(t) The issuance of revenue obligations under section 15,926
140.06 of the Revised Code; 15,927
(u) The design, construction, reconstruction, renovation, 15,929
repair, maintenance, and operation of any park, playground, 15,930
playfield, indoor recreational facility, zoo, zoological park, 15,931
bath, or swimming pool or pond, and the operation and control of 15,932
any golf course; 15,933
(v) The provision of public defender services by a county 15,935
or joint county public defender's office pursuant to Chapter 120. 15,936
of the Revised Code; 15,937
(w) A function that the general assembly mandates a 15,939
357
political subdivision to perform. 15,940
(D) "Law" means any provision of the constitution, 15,942
statutes, or rules of the United States or of this state; 15,943
provisions of charters, ordinances, resolutions, and rules of 15,944
political subdivisions; and written policies adopted by boards of 15,945
education. When used in connection with the "common law," this 15,946
definition does not apply. 15,947
(E) "Motor vehicle" has the same meaning as in section 15,949
4511.01 of the Revised Code. 15,950
(F) "Political subdivision" or "subdivision" means a 15,952
municipal corporation, township, county, school district, or 15,953
other body corporate and politic responsible for governmental 15,954
activities in a geographic area smaller than that of the state. 15,955
"Political subdivision" includes, but is not limited to, a county 15,956
hospital commission appointed under section 339.14 of the Revised 15,957
Code, regional planning commission created pursuant to section 15,958
713.21 of the Revised Code, county planning commission created 15,959
pursuant to section 713.22 of the Revised Code, joint planning 15,960
council created pursuant to section 713.231 of the Revised Code, 15,961
interstate regional planning commission created pursuant to 15,962
section 713.30 of the Revised Code, port authority created 15,963
pursuant to section 4582.02 or 4582.26 of the Revised Code or in 15,964
existence on December 16, 1964, regional council established by 15,965
political subdivisions pursuant to Chapter 167. of the Revised 15,966
Code, emergency planning district and joint emergency planning 15,967
district designated under section 3750.03 of the Revised Code, 15,968
joint emergency medical services district created pursuant to 15,969
section 307.052 of the Revised Code, a fire and ambulance 15,970
district created pursuant to section 505.375 of the Revised Code, 15,971
joint interstate emergency planning district established by an 15,973
agreement entered into under that section, and county solid waste
management district and joint solid waste management district 15,974
established under section 343.01 or 343.012 of the Revised Code, 15,975
AND A COMMUNITY SCHOOL ESTABLISHED UNDER CHAPTER 3314. OF THE 15,976
358
REVISED CODE.
(G)(1) "Proprietary function" means a function of a 15,978
political subdivision that is specified in division (G)(2) of 15,979
this section or that satisfies both of the following: 15,980
(a) The function is not one described in division 15,982
(C)(1)(a) or (b) of this section and is not one specified in 15,983
division (C)(2) of this section; 15,984
(b) The function is one that promotes or preserves the 15,986
public peace, health, safety, or welfare and that involves 15,987
activities that are customarily engaged in by nongovernmental 15,988
persons. 15,989
(2) A "proprietary function" includes, but is not limited 15,991
to, the following: 15,992
(a) The operation of a hospital by one or more political 15,994
subdivisions; 15,995
(b) The design, construction, reconstruction, renovation, 15,997
repair, maintenance, and operation of a public cemetery other 15,998
than a township cemetery; 15,999
(c) The establishment, maintenance, and operation of a 16,001
utility, including, but not limited to, a light, gas, power, or 16,002
heat plant, a railroad, a busline or other transit company, an 16,003
airport, and a municipal corporation water supply system; 16,004
(d) The maintenance, destruction, operation, and upkeep of 16,006
a sewer system; 16,007
(e) The operation and control of a public stadium, 16,009
auditorium, civic or social center, exhibition hall, arts and 16,010
crafts center, band or orchestra, or off-street parking facility. 16,011
(H) "Public roads" means public roads, highways, streets, 16,013
avenues, alleys, and bridges within a political subdivision. 16,014
"Public roads" does not include berms, shoulders, rights-of-way, 16,015
or traffic control devices, unless the traffic control devices 16,017
are mandated by the Ohio manual of uniform traffic control 16,018
devices.
(I) "State" means the state of Ohio, including, but not 16,020
359
limited to, the general assembly, the supreme court, the offices 16,021
of all elected state officers, and all departments, boards, 16,022
offices, commissions, agencies, colleges and universities, 16,023
institutions, and other instrumentalities of the state of Ohio. 16,024
"State" does not include political subdivisions. 16,025
Sec. 2744.02. (A)(1) For the purposes of this chapter, 16,035
the functions of political subdivisions are hereby classified as 16,036
governmental functions and proprietary functions. Except as 16,037
provided in division (B) of this section, a political subdivision 16,038
is not liable in damages in a civil action for injury, death, or 16,039
loss to person or property allegedly caused by any act or 16,040
omission of the political subdivision or an employee of the 16,041
political subdivision in connection with a governmental or 16,042
proprietary function. 16,043
(2) Subject to statutory limitations upon their monetary 16,045
jurisdiction, the courts of common pleas, the municipal courts, 16,046
and the county courts have jurisdiction to hear and determine 16,047
civil actions governed by or brought pursuant to this chapter. 16,048
(B) Subject to sections 2744.03 and 2744.05 of the Revised 16,050
Code, a political subdivision is liable in damages in a civil 16,051
action for injury, death, or loss to person or property allegedly 16,053
caused by an act or omission of the political subdivision or of 16,054
any of its employees in connection with a governmental or 16,055
proprietary function, as follows:
(1) Except as otherwise provided in this division, 16,057
political subdivisions are liable for injury, death, or loss to 16,058
person or property caused by the negligent operation of any motor 16,060
vehicle by their employees upon the public roads when the
employees are engaged within the scope of their employment and 16,061
authority. The following are full defenses to that liability: 16,062
(a) A member of a municipal corporation police department 16,064
or any other police agency was operating a motor vehicle while 16,065
responding to an emergency call and the operation of the vehicle 16,066
did not constitute willful or wanton misconduct; 16,067
360
(b) A member of a municipal corporation fire department or 16,069
any other firefighting agency was operating a motor vehicle while 16,070
engaged in duty at a fire, proceeding toward a place where a fire 16,071
is in progress or is believed to be in progress, or answering any 16,073
other emergency alarm and the operation of the vehicle did not 16,074
constitute willful or wanton misconduct;
(c) A member of an emergency medical service owned or 16,076
operated by a political subdivision was operating a motor vehicle 16,077
while responding to or completing a call for emergency medical 16,078
care or treatment, the member was holding a valid commercial 16,079
driver's license issued pursuant to Chapter 4506. or a driver's 16,080
license issued pursuant to Chapter 4507. of the Revised Code, the 16,081
operation of the vehicle did not constitute willful or wanton 16,082
misconduct, and the operation complies with the precautions of 16,083
section 4511.03 of the Revised Code. 16,084
(2) Except as otherwise provided in section SECTIONS 16,086
3314.07 AND 3746.24 of the Revised Code, political subdivisions 16,088
are liable for injury, death, or loss to person or property 16,089
caused by the negligent performance of acts by their employees 16,090
with respect to proprietary functions of the political 16,091
subdivisions.
(3) Except as otherwise provided in section 3746.24 of the 16,093
Revised Code, political subdivisions are liable for injury, 16,094
death, or loss to person or property caused by their negligent 16,095
failure to keep public roads in repair and other negligent 16,097
failure to remove obstructions from public roads, except that it 16,099
is a full defense to that liability, when a bridge within a 16,100
municipal corporation is involved, that the municipal corporation 16,101
does not have the responsibility for maintaining or inspecting 16,102
the bridge.
(4) Except as otherwise provided in section 3746.24 of the 16,104
Revised Code, political subdivisions are liable for injury, 16,105
death, or loss to person or property that is caused by the 16,106
negligence of their employees and that occurs within or on the 16,107
361
grounds of, and is due to physical defects within or on the 16,108
grounds of, buildings that are used in connection with the 16,109
performance of a governmental function, including, but not 16,110
limited to, office buildings and courthouses, but not including 16,111
jails, places of juvenile detention, workhouses, or any other 16,112
detention facility, as defined in section 2921.01 of the Revised 16,113
Code.
(5) In addition to the circumstances described in 16,115
divisions (B)(1) to (4) of this section, a political subdivision 16,116
is liable for injury, death, or loss to person or property when 16,117
liability is expressly imposed upon the political subdivision by 16,118
a section of the Revised Code, including, but not limited to, 16,119
sections 2743.02 and 5591.37 of the Revised Code. Liability 16,120
shall not be construed to exist under another section of the 16,121
Revised Code merely because that section imposes a responsibility 16,122
or mandatory duty upon a political subdivision, because of a 16,123
general authorization in that section that a political 16,125
subdivision may sue and be sued, or because that section uses the 16,127
term "shall" in a provision pertaining to a political
subdivision. 16,128
(C) An order that denies a political subdivision or an 16,130
employee of a political subdivision the benefit of an alleged 16,131
immunity from liability as provided in Chapter 2744. or any other 16,132
provision of the law is a final order.
Sec. 2744.03. (A) In a civil action brought against a 16,142
political subdivision or an employee of a political subdivision 16,143
to recover damages for injury, death, or loss to persons or 16,144
property allegedly caused by any act or omission in connection 16,145
with a governmental or proprietary function, the following 16,146
defenses or immunities may be asserted to establish nonliability: 16,147
(1) The political subdivision is immune from liability if 16,149
the employee involved was engaged in the performance of a 16,150
judicial, quasi-judicial, prosecutorial, legislative, or 16,151
quasi-legislative function. 16,152
362
(2) The political subdivision is immune from liability if 16,154
the conduct of the employee involved, other than negligent 16,155
conduct, that gave rise to the claim of liability was required by 16,156
law or authorized by law, or if the conduct of the employee 16,157
involved that gave rise to the claim of liability was necessary 16,158
or essential to the exercise of powers of the political 16,159
subdivision or employee. 16,160
(3) The political subdivision is immune from liability if 16,162
the action or failure to act by the employee involved that gave 16,163
rise to the claim of liability was within the discretion of the 16,164
employee with respect to policy-making, planning, or enforcement 16,165
powers by virtue of the duties and responsibilities of the office 16,166
or position of the employee. 16,167
(4) The political subdivision is immune from liability if 16,169
the action or failure to act by the political subdivision or 16,170
employee involved that gave rise to the claim of liability 16,171
resulted in injury or death to a person who had been convicted of 16,172
or pleaded guilty to a criminal offense and who, at the time of 16,173
the injury or death, was serving any portion of the person's 16,174
sentence by performing community service work for or in the 16,176
political subdivision whether pursuant to section 2951.02 of the 16,177
Revised Code or otherwise, or resulted in injury or death to a 16,178
child who was found to be a delinquent child and who, at the time 16,179
of the injury or death, was performing community service or 16,180
community work for or in a political subdivision in accordance 16,181
with the order of a juvenile court entered pursuant to section 16,182
2151.355 of the Revised Code, and if, at the time of the person's 16,183
or child's injury or death, the person or child was covered for 16,185
purposes of Chapter 4123. of the Revised Code in connection with 16,186
the community service or community work for or in the political 16,187
subdivision.
(5) The political subdivision is immune from liability if 16,189
the injury, death, or loss to persons or property resulted from 16,190
the exercise of judgment or discretion in determining whether to 16,191
363
acquire, or how to use, equipment, supplies, materials, 16,192
personnel, facilities, and other resources unless the judgment or 16,194
discretion was exercised with malicious purpose, in bad faith, or 16,195
in a wanton or reckless manner.
(6) In addition to any immunity or defense referred to in 16,197
division (A)(7) of this section and in circumstances not covered 16,198
by that division or section SECTIONS 3314.07 AND 3746.24 of the 16,199
Revised Code, the employee is immune from liability unless one of 16,202
the following applies:
(a) The employee's acts or omissions were manifestly 16,204
outside the scope of the employee's employment or official 16,205
responsibilities; 16,206
(b) The employee's acts or omissions were with malicious 16,208
purpose, in bad faith, or in a wanton or reckless manner; 16,209
(c) Liability is expressly imposed upon the employee by a 16,211
section of the Revised Code. Liability shall not be construed to 16,212
exist under another section of the Revised Code merely because 16,213
that section imposes a responsibility or mandatory duty upon an 16,214
employee, because of a general authorization in that section that 16,215
an employee may sue and be sued, or because the section uses the 16,216
term "shall" in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is a 16,218
county prosecuting attorney, city director of law, village 16,219
solicitor, or similar chief legal officer of a political 16,220
subdivision, an assistant of any such person, or a judge of a 16,221
court of this state is entitled to any defense or immunity 16,222
available at common law or established by the Revised Code. 16,223
(B) Any immunity or defense conferred upon, or referred to 16,225
in connection with, an employee by division (A)(6) or (7) of this 16,226
section does not affect or limit any liability of a political 16,227
subdivision for an act or omission of the employee as provided in 16,228
section 2744.02 of the Revised Code. 16,229
Sec. 2744.05. Notwithstanding any other provisions of the 16,238
Revised Code or rules of a court to the contrary, in an action 16,239
364
against a political subdivision to recover damages for injury, 16,240
death, or loss to person or property caused by an act or omission 16,242
in connection with a governmental or proprietary function: 16,243
(A) Punitive or exemplary damages shall not be awarded. 16,245
(B)(1) If a claimant receives or is entitled to receive 16,247
benefits for injuries or loss allegedly incurred from a policy or 16,248
policies of insurance or any other source, the benefits shall be 16,249
disclosed to the court, and the amount of the benefits shall be 16,250
deducted from any award against a political subdivision recovered 16,252
by that claimant. No insurer or other person is entitled to 16,253
bring an action under a subrogation provision in an insurance or 16,254
other contract against a political subdivision with respect to 16,255
those benefits. The amount of the benefits shall be deducted 16,256
from an award against a political subdivision under division 16,257
(B)(1) of this section regardless of whether the claimant may be 16,258
under an obligation to pay back the benefits upon recovery, in
whole or in part, for the claim. A claimant whose benefits have 16,259
been deducted from an award under division (B)(1) of this section 16,260
is not considered fully compensated and shall not be required to 16,261
reimburse a subrogated claim for benefits deducted from an award 16,262
pursuant to division (B)(1) of this section. 16,263
(2) Nothing in division (B)(1) of this section shall be 16,266
construed to limit DO EITHER OF THE FOLLOWING:
(a) LIMIT the rights of a beneficiary under a life 16,269
insurance policy or the rights of sureties under fidelity or 16,270
surety bonds; 16,271
(b) PROHIBIT THE DEPARTMENT OF HUMAN SERVICES FROM 16,273
RECOVERING FROM THE POLITICAL SUBDIVISION, PURSUANT TO SECTION 16,274
5101.58 OF THE REVISED CODE, THE COST OF MEDICAL ASSISTANCE 16,275
BENEFITS PROVIDED UNDER CHAPTER 5107., 5111., OR 5115. OF THE 16,276
REVISED CODE.
(C)(1) There shall not be any limitation on compensatory 16,278
damages that represent the actual loss of the person who is 16,279
awarded the damages. However, except in wrongful death actions 16,280
365
brought pursuant to Chapter 2125. of the Revised Code, damages 16,281
that arise from the same cause of action, transaction or 16,282
occurrence, or series of transactions or occurrences and that do 16,283
not represent the actual loss of the person who is awarded the 16,284
damages shall not exceed two hundred fifty thousand dollars in 16,285
favor of any one person. The limitation on damages that do not 16,286
represent the actual loss of the person who is awarded the 16,287
damages provided in this division does not apply to court costs 16,288
that are awarded to a plaintiff, or to interest on a judgment 16,289
rendered in favor of a plaintiff, in an action against a 16,290
political subdivision. 16,291
(2) As used in this division, "the actual loss of the 16,293
person who is awarded the damages" includes all of the following: 16,294
(a) All wages, salaries, or other compensation lost by the 16,296
person injured as a result of the injury, including wages, 16,297
salaries, or other compensation lost as of the date of a judgment 16,298
and future expected lost earnings of the person injured; 16,299
(b) All expenditures of the person injured or another 16,301
person on behalf of the person injured for medical care or 16,302
treatment, for rehabilitation services, or for other care, 16,304
treatment, services, products, or accommodations that were 16,305
necessary because of the injury; 16,306
(c) All expenditures to be incurred in the future, as 16,308
determined by the court, by the person injured or another person 16,309
on behalf of the person injured for medical care or treatment, 16,311
for rehabilitation services, or for other care, treatment, 16,312
services, products, or accommodations that will be necessary 16,313
because of the injury;
(d) All expenditures of a person whose property was 16,315
injured or destroyed or of another person on behalf of the person 16,317
whose property was injured or destroyed in order to repair or
replace the property that was injured or destroyed; 16,318
(e) All expenditures of the person injured or of the 16,320
person whose property was injured or destroyed or of another 16,321
366
person on behalf of the person injured or of the person whose 16,322
property was injured or destroyed in relation to the actual 16,323
preparation or presentation of the claim involved; 16,324
(f) Any other expenditures of the person injured or of the 16,326
person whose property was injured or destroyed or of another 16,327
person on behalf of the person injured or of the person whose 16,328
property was injured or destroyed that the court determines 16,329
represent an actual loss experienced because of the personal or 16,330
property injury or property loss. 16,331
"The actual loss of the person who is awarded the damages" 16,333
does not include any fees paid or owed to an attorney for any 16,334
services rendered in relation to a personal or property injury or 16,335
property loss, and does not include any damages awarded for pain 16,336
and suffering, for the loss of society, consortium, 16,337
companionship, care, assistance, attention, protection, advice, 16,338
guidance, counsel, instruction, training, or education of the 16,339
person injured, for mental anguish, or for any other intangible 16,340
loss. 16,341
Sec. 2921.431. (A)(1) EXCEPT AS PROVIDED IN DIVISION 16,344
(A)(2) OF THIS SECTION, NO PUBLIC SERVANT SHALL CHARGE ANY FEE 16,345
OR TAX IN CONNECTION WITH ANY ACTION TAKEN TO IMPLEMENT PUBLIC 16,347
LAW NO. 103-159, THE "BRADY HANDGUN VIOLENCE PROTECTION ACT," 18 16,349
U.S.C. 922 AND OTHER SECTIONS. 16,350
(2) IF THE OFFICE OF THE ATTORNEY GENERAL PERFORMS ANY 16,352
FUNCTIONS OR DUTIES IN THE IMPLEMENTATION OF PUBLIC LAW NO. 16,356
103-159, THE "BRADY HANDGUN VIOLENCE PROTECTION ACT," 18 U.S.C. 16,362
922 AND OTHER SECTIONS, THE ATTORNEY GENERAL MAY CHARGE A FEE FOR 16,364
THE PERFORMANCE OF THOSE FUNCTIONS AND DUTIES THAT DOES NOT
EXCEED THE ACTUAL COST OF PERFORMING THOSE FUNCTIONS AND DUTIES 16,365
ROUNDED OFF TO THE NEAREST QUARTER DOLLAR OR THIRTEEN DOLLARS, 16,366
WHICHEVER IS LESS.
(B) NO PUBLIC SERVANT SHALL EXPEND ANY OF THE FOLLOWING 16,369
MONEYS FOR THE PURPOSE OF CREATING, MAINTAINING, OR EXPANDING ANY 16,370
RECORD PERTAINING TO THE PURCHASER OR TRANSFEREE OF A FIREARM 16,371
367
FROM INFORMATION THAT IS OBTAINED AS A RESULT OF ANY BACKGROUND 16,372
CHECK PERFORMED PURSUANT TO PUBLIC LAW NO. 103-159, THE "BRADY 16,377
HANDGUN VIOLENCE PROTECTION ACT," 18 U.S.C. 922 AND OTHER 16,382
SECTIONS, UNLESS THE CREATION, MAINTENANCE, OR EXPANSION OF THE 16,383
RECORD IS EXPLICITLY REQUIRED BY FEDERAL LAW:
(1) ANY MONEY APPROPRIATED TO OR ON BEHALF OF THE AGENCY, 16,385
DEPARTMENT, BUREAU, BOARD, COMMISSION, OR OTHER ENTITY OF STATE 16,386
OR LOCAL GOVERNMENT SERVED BY THE PUBLIC SERVANT; 16,387
(2) ANY MONEY APPROPRIATED TO ANY AGENCY, DEPARTMENT, 16,389
BUREAU, BOARD, COMMISSION, OR OTHER ENTITY OF STATE OR LOCAL 16,390
GOVERNMENT, OTHER THAN ONE DESCRIBED IN DIVISION (B)(1) OF THIS 16,392
SECTION, THAT OTHERWISE IS UNDER THE CONTROL OF THE PUBLIC 16,393
SERVANT;
(3) ANY MONEY FROM ANY PRIVATE SOURCE THAT IS UNDER THE 16,395
CONTROL OF THE AGENCY, DEPARTMENT, BUREAU, BOARD, COMMISSION, OR 16,396
OTHER ENTITY OF STATE OR LOCAL GOVERNMENT SERVED BY THE PUBLIC 16,397
SERVANT OR THAT OTHERWISE IS UNDER CONTROL OF THE PUBLIC SERVANT. 16,399
Sec. 2941.51. (A) Counsel appointed to a case or selected 16,410
by an indigent person under division (E) of section 120.16 or 16,411
division (E) of section 120.26 of the Revised Code, or otherwise 16,412
appointed by the court, except for counsel appointed by the court 16,413
to provide legal representation for a person charged with a 16,414
violation of an ordinance of a municipal corporation, shall be 16,415
paid for their services by the county the compensation and 16,416
expenses that the trial court approves. Each request for payment 16,417
shall be accompanied by an affidavit of indigency completed by 16,418
the indigent person on forms prescribed by the state public 16,419
defender. Compensation and expenses shall not exceed the amounts 16,420
fixed by the board of county commissioners pursuant to division 16,421
(B) of this section. 16,422
(B) The board of county commissioners shall establish a 16,424
schedule of fees by case or on an hourly basis to be paid by the 16,425
county for legal services provided by appointed counsel. Prior 16,426
to establishing such schedule, the board shall request the bar 16,427
368
association or associations of the county to submit a proposed 16,428
schedule. The schedule submitted shall be subject to the review, 16,429
amendment, and approval of the board of county commissioners. 16,430
(C) In a case where counsel have been appointed to conduct 16,432
an appeal under Chapter 120. of the Revised Code, such 16,433
compensation shall be fixed by the court of appeals or the 16,434
supreme court, as provided in divisions (A) and (B) of this 16,435
section. 16,436
(D) The fees and expenses approved by the court under this 16,438
section shall not be taxed as part of the costs and shall be paid 16,439
by the county. However, if the person represented has, or 16,440
reasonably may be expected to have, the means to meet some part 16,441
of the cost of the services rendered to him THE PERSON, he THE 16,443
PERSON shall reimburse PAY the county in an amount that he THE 16,445
PERSON reasonably can be expected to pay. The PURSUANT TO 16,446
SECTION 120.04 OF THE REVISED CODE, THE county shall pay to the 16,447
state public defender a percentage of the reimbursement PAYMENT 16,448
received from such THE person in an amount proportionate to the 16,450
percentage of the costs of the person's case that were paid to 16,451
the county by the state public defender pursuant to this section. 16,452
The money paid to the state public defender shall be credited to 16,453
the public defender reimbursement CLIENT PAYMENT fund created 16,454
pursuant to division (B)(5) of section 120.04 of the Revised 16,456
Code.
(E) The county auditor shall draw his A warrant on the 16,458
county treasurer for the payment of such counsel in the amount 16,459
fixed by the court, plus the expenses that the court fixes and 16,460
certifies to the auditor. The county auditor shall report 16,461
periodically, but not less than annually, to the board and to the 16,462
Ohio public defender commission the amounts paid out pursuant to 16,463
the approval of the court under this section, separately stating 16,464
costs and expenses that are reimbursable under section 120.35 of 16,465
the Revised Code. The board, after review and approval of the 16,466
auditor's report, may then certify it to the state public 16,467
369
defender for reimbursement. The state public defender shall 16,468
review the report and, in accordance with the standards, 16,469
guidelines, and maximums established pursuant to divisions (B)(7) 16,470
and (8) of section 120.04 of the Revised Code, pay fifty per cent 16,471
of the total cost, other than costs and expenses that are 16,472
reimbursable under section 120.35 of the Revised Code, if any, of 16,473
paying appointed counsel in each county and pay fifty per cent of 16,474
costs and expenses that are reimbursable under section 120.35 of 16,475
the Revised Code, if any, to the board. 16,476
(F) If any county system for paying appointed counsel 16,478
fails to maintain the standards for the conduct of the system 16,479
established by the rules of the Ohio public defender commission 16,480
pursuant to divisions (B) and (C) of section 120.03 of the 16,481
Revised Code or the standards established by the state public 16,482
defender pursuant to division (B)(7) of section 102.04 of the 16,484
Revised Code, the commission shall notify the board of county
commissioners of the county that the county system for paying 16,486
appointed counsel has failed to comply with its rules. Unless 16,487
the board corrects the conduct of its appointed counsel system to 16,488
comply with the rules within ninety days after the date of the 16,489
notice, the state public defender may deny all or part of the 16,491
county's reimbursement from the state provided for in this 16,492
section.
Sec. 3113.40. WHEN A SHELTER FOR VICTIMS OF DOMESTIC 16,494
VIOLENCE PROVIDES ACCOMMODATIONS TO A PERSON, THE SHELTER, ON 16,495
ADMITTING THE PERSON, SHALL DETERMINE, IF POSSIBLE, THE PERSON'S 16,496
LAST KNOWN RESIDENTIAL ADDRESS AND COUNTY OF RESIDENCE. THE 16,497
INFORMATION CONCERNING THE ADDRESS AND COUNTY OF RESIDENCE IS 16,498
CONFIDENTIAL AND MAY BE RELEASED ONLY TO A PUBLIC CHILDREN 16,499
SERVICES AGENCY PURSUANT TO SECTION 2151.422 OF THE REVISED CODE. 16,502
Sec. 3301.075. The state board of education shall adopt 16,511
rules governing the purchasing and leasing of data processing 16,512
services and equipment for all local, exempted village, city, and 16,513
joint vocational school districts and all educational service 16,514
370
centers. Such rules shall include provisions for the 16,515
establishment of an Ohio education computer network under 16,517
procedures, guidelines, and specifications of the department of 16,518
education.
The department shall administer funds appropriated for the 16,521
Ohio education computer network to ensure its efficient and 16,522
economical operation and shall approve no more than twenty-seven 16,523
data acquisition sites to operate concurrently. Such sites shall 16,524
be approved for funding in accordance with rules of the state 16,525
board adopted under this section that shall provide for the 16,526
superintendent of public instruction to require the membership of 16,527
each data acquisition site to be composed of combinations of 16,528
school districts and educational service centers from contiguous 16,530
counties having sufficient students to support an efficient,
economical comprehensive program of computer services to member 16,531
districts and educational service centers. Each data acquisition 16,533
site, other than sites organized under Chapter 167. of the 16,534
Revised Code prior to the effective date of this section, shall
be organized in accordance with section 3313.92 of the Revised 16,535
Code.
THE DEPARTMENT OF EDUCATION MAY CONTRACT WITH AN 16,537
INDEPENDENT FOR PROFIT OR NONPROFIT ENTITY TO PROVIDE CURRENT AND 16,539
HISTORICAL INFORMATION ON OHIO GOVERNMENT THROUGH THE OHIO 16,540
EDUCATION COMPUTER NETWORK TO SCHOOL DISTRICT LIBRARIES OPERATING 16,541
IN ACCORDANCE WITH SECTION 3375.14 OF THE REVISED CODE IN ORDER
TO ASSIST SCHOOL TEACHERS IN SOCIAL STUDIES COURSE INSTRUCTION 16,542
AND SUPPORT STUDENT RESEARCH PROJECTS. ANY SUCH CONTRACT SHALL 16,543
BE AWARDED IN ACCORDANCE WITH CHAPTER 125. OF THE REVISED CODE. 16,545
Sec. 3301.0711. (A) The department of education shall: 16,555
(1) Annually furnish, grade, and score all tests required 16,557
by section 3301.0710 of the Revised Code to city, local, and 16,558
exempted village school districts; 16,559
(2) Adopt rules for the ethical use of tests and 16,561
prescribing the manner in which the tests prescribed by section 16,562
371
3301.0710 of the Revised Code shall be administered to students. 16,563
(B) Except as provided in divisions (C) and (J)(2) of this 16,565
section, the board of education of each city, local, and exempted 16,566
village school district shall, in accordance with rules adopted 16,567
under division (A) of this section: 16,568
(1) Administer the tests prescribed under division (A)(1) 16,570
of section 3301.0710 of the Revised Code at least once annually 16,571
to all students in the fourth grade. 16,572
(2) Administer any tests prescribed under division (A)(2) 16,574
of section 3301.0710 of the Revised Code at least once annually 16,575
to all students in the grade designated under that division. 16,576
(3) Administer any tests prescribed under division (A)(3) 16,578
of section 3301.0710 of the Revised Code at least once annually 16,579
to any student in the twelfth grade who, on all the tests 16,580
prescribed under division (B) of that section, has attained the 16,581
applicable scores designated under such division prior to the 16,582
first day of January of that year. 16,583
(4) Administer any test prescribed under division (B) of 16,585
section 3301.0710 of the Revised Code at least twice annually to: 16,586
(a) All students in ninth, tenth, eleventh, or twelfth 16,588
grade who have not yet attained the score on that test designated 16,589
under that division; 16,590
(b) Any person who has successfully completed the 16,592
curriculum in any high school or the individualized education 16,593
program developed for the person by any high school pursuant to 16,594
section 3323.08 of the Revised Code but has not received a high 16,595
school diploma and who requests to take such test, at any time 16,596
such test is administered in the district. 16,597
(C)(1) Any student receiving special education under 16,599
Chapter 3323. of the Revised Code shall be excused from taking 16,600
any particular test required to be administered under this 16,601
section if the individualized education program developed for the 16,602
student pursuant to section 3323.08 of the Revised Code excuses 16,603
the student from taking that test. In the case of any student so 16,604
372
excused from taking a test, the school district board of 16,605
education shall not prohibit him THE STUDENT from taking the 16,606
test. 16,607
(2) A district board may, for medical reasons or other 16,609
good cause, excuse a student from taking a test administered 16,610
under this section on the date scheduled, but any such test shall 16,611
be administered to such excused student not later than fifteen 16,612
days following the scheduled date. The board shall annually 16,613
report the number of students who have not taken one or more of 16,614
the tests required by this section to the state board of 16,615
education not later than the thirty-first THIRTIETH day of May 16,617
JUNE.
(D) In the school year next succeeding the school year in 16,619
which the tests prescribed by division (A)(1) of section 16,620
3301.0710 of the Revised Code are administered to any student, 16,621
the board of education of any school district in which the 16,622
student is enrolled in that year shall provide intervention 16,623
services to the student in any skill in which the student failed 16,624
on those tests to demonstrate at least fourth-grade levels of 16,625
literacy and basic competency. This division does not apply to 16,626
any student receiving services pursuant to an individualized 16,627
education program developed for the student pursuant to section 16,628
3323.08 of the Revised Code. 16,629
(E) No EXCEPT AS PROVIDED IN DIVISION (N) OF THIS SECTION, 16,632
NO school district board of education shall permit any student to 16,634
be denied promotion to a higher grade level solely because of the 16,635
student's failure to attain a specified score on any test 16,636
administered under this section.
(F) No person shall be charged a fee for taking any test 16,638
administered under this section. 16,639
(G) Not later than sixty days after any administration of 16,641
any test prescribed by section 3301.0710 of the Revised Code, the 16,642
department shall send to each school district board a list of the 16,643
individual test scores of all persons taking the test. 16,644
373
(H) Individual test scores on any tests administered under 16,646
this section shall be released by a district board only in 16,647
accordance with section 3319.321 of the Revised Code and the 16,648
rules adopted under division (A) of this section. No district 16,649
board or its employees shall utilize individual or aggregate test 16,650
results in any manner that conflicts with rules for the ethical 16,651
use of tests adopted pursuant to division (A) of this section. 16,652
(I) Except as provided in division (G) of this section, 16,654
the department shall not release any individual test scores on 16,655
any test administered under this section and shall adopt rules to 16,656
ensure the protection of student confidentiality at all times. 16,657
(J) Notwithstanding division (D) of section 3311.19 and 16,659
division (D) of section 3311.52 of the Revised Code, this section 16,660
does not apply to the board of education of any joint vocational 16,661
or cooperative education school district except as provided under 16,662
rules adopted pursuant to this division. 16,663
(1) In accordance with rules that the state board of 16,665
education shall adopt, the board of education of any city, 16,666
exempted village, or local school district with territory in a 16,667
joint vocational school district or a cooperative education 16,668
school district established pursuant to divisions (A) to (C) of 16,669
section 3311.52 of the Revised Code may enter into an agreement 16,670
with the board of education of the joint vocational or 16,671
cooperative education school district for administering any test 16,672
prescribed under this section to students of the city, exempted 16,673
village, or local school district who are attending school in the 16,674
joint vocational or cooperative education school district. 16,675
(2) In accordance with rules that the state board of 16,677
education shall adopt, the board of education of any city, 16,678
exempted village, or local school district with territory in a 16,679
cooperative education school district established pursuant to 16,680
section 3311.521 of the Revised Code shall enter into an 16,681
agreement with the cooperative district that provides for the 16,682
administration of any test prescribed under this section to both 16,683
374
of the following: 16,684
(a) Students who are attending school in the cooperative 16,686
district and who, if the cooperative district were not 16,687
established, would be entitled to attend school in the city, 16,688
local, or exempted village school district pursuant to section 16,689
3313.64 or 3313.65 of the Revised Code; 16,690
(b) Persons described in division (B)(4)(b) of this 16,692
section. 16,693
Any testing of students pursuant to such an agreement shall 16,695
be in lieu of any testing of such students or persons pursuant to 16,696
this section. 16,697
(K)(1) Any chartered nonpublic school may participate in 16,699
the testing program by administering any of the tests prescribed 16,700
by section 3301.0710 of the Revised Code if the chief 16,701
administrator of the school specifies which tests the school 16,702
wishes to administer. Such specification shall be made in 16,703
writing to the superintendent of public instruction prior to the 16,704
first day of August of any school year in which tests are 16,705
administered and shall include a pledge that the nonpublic school 16,706
will administer the specified tests in the same manner as public 16,707
schools are required to do under this section and rules adopted 16,708
by the department. 16,709
(2) The department of education shall furnish the tests 16,711
prescribed by section 3301.0710 of the Revised Code to any 16,712
chartered nonpublic school electing to participate under this 16,713
division. 16,714
(L)(1) Except as provided in division (L)(3) of this 16,716
section, the superintendent of the state school for the blind and 16,717
the superintendent of the state school for the deaf shall 16,718
administer the tests described by section 3301.0710 of the 16,719
Revised Code. Each superintendent shall administer the tests in 16,720
the same manner as district boards are required to do under this 16,721
section and rules adopted by the department of education. 16,722
(2) The department of education shall furnish the tests 16,724
375
described by section 3301.0710 of the Revised Code to each 16,725
superintendent. 16,726
(3) Any student enrolled in the state school for the blind 16,728
or the state school for the deaf shall be excused from taking any 16,729
particular test required to be administered under division (L)(1) 16,730
of this section if the individualized education program developed 16,731
for the student pursuant to section 3323.08 of the Revised Code 16,732
excuses the student from taking that test. In the case of any 16,733
student so excused from taking a test, the superintendent of the 16,734
school shall not prohibit the student from taking the test. 16,735
(M) Notwithstanding division (B)(4) of this section and 16,737
division (C)(3) of section 3301.0710 of the Revised Code, upon 16,738
request of a district board of education, the department of 16,739
education shall provide for the district to administer the tests 16,740
prescribed under division (B) of section 3301.0710 of the Revised 16,741
Code to students in the eighth grade on a specified date during 16,742
the month of March. In such a district, tests shall be 16,743
administered either once or twice during the ninth grade year to 16,744
students who did not attain the designated scores on such tests 16,745
in the eighth grade. Such ninth grade test administration shall 16,746
be prior to the thirty-first day of December or subsequent to 16,747
that date but prior to the thirty-first day of March or during 16,749
both such time periods. The district board of education shall 16,750
determine whether to administer such tests once or twice during 16,751
the ninth grade year and during which time period to administer
the tests if they are only administered once during such year. 16,752
(N) IF A SCHOOL DISTRICT OFFERS SUMMER SCHOOL TO A STUDENT 16,754
WHO HAS FAILED TO ATTAIN THE DESIGNATED SCORES ON THREE OR MORE 16,755
OF THE FIVE TESTS DESCRIBED BY DIVISION (A)(1) OR (2) OF SECTION 16,756
3301.0710 OF THE REVISED CODE, OR BY DIVISION (B) OF THAT SECTION 16,757
IN THE CASE OF STUDENTS TAKING THOSE TESTS IN THE EIGHTH GRADE 16,758
PURSUANT TO DIVISION (M) OF THIS SECTION, AND THE STUDENT CHOOSES 16,759
NOT TO ATTEND SUMMER SCHOOL OR DOES NOT MAINTAIN AN ACCEPTABLE 16,760
LEVEL OF ATTENDANCE IN SUMMER SCHOOL, THE DISTRICT MAY USE THE
376
FAILURE TO ATTAIN SUCH SCORES ON THOSE TESTS AS A REASON FOR 16,761
RETAINING THE STUDENT FOR AN ADDITIONAL YEAR IN THE GRADE IN 16,762
WHICH THE TESTS WERE ADMINISTERED. 16,763
AS USED IN THIS DIVISION, "SUMMER SCHOOL" MEANS A SIX-WEEK 16,765
REMEDIAL COURSE IN THE AREAS COVERED BY THE PROFICIENCY TESTS ON 16,766
WHICH THE STUDENT DID NOT ATTAIN THE SCORE DESIGNATED PURSUANT TO 16,767
DIVISION (A)(1) OR (2) OR (B), AS APPLICABLE, OF SECTION 16,768
3301.0710 OF THE REVISED CODE.
Sec. 3301.0714. (A) The state board of education shall 16,778
adopt rules for a statewide education management information 16,779
system. The rules shall require the state board to establish 16,781
guidelines for the establishment and maintenance of the system in 16,782
accordance with this section and the rules adopted under this 16,783
section. The guidelines shall include: 16,784
(1) Standards identifying and defining the types of data 16,786
in the system in accordance with divisions (B) and (C) of this 16,787
section; 16,788
(2) Procedures for annually collecting and reporting the 16,790
data to the state board in accordance with division (D) of this 16,792
section; 16,793
(3) Procedures for annually compiling the data in 16,795
accordance with division (G) of this section; 16,796
(4) Procedures for annually reporting the data to the 16,798
public in accordance with division (H) of this section. 16,799
(B) The guidelines adopted under this section shall 16,801
require the data maintained in the education management 16,802
information system to include at least the following: 16,803
(1) Student participation and performance data, for each 16,805
grade in each school district as a whole and for each grade in 16,806
each school building in each school district, that includes: 16,808
(a) The numbers of students receiving each category of 16,810
instructional service offered by the school district, such as 16,811
regular education instruction, vocational education instruction, 16,812
specialized instruction programs or enrichment instruction that 16,813
377
is part of the educational curriculum, instruction for gifted 16,814
students, instruction for handicapped students, and remedial 16,815
instruction. The guidelines shall require instructional services 16,816
under this division to be divided into discrete categories if an 16,817
instructional service is limited to a specific subject, a 16,818
specific type of student, or both, such as regular instructional 16,819
services in mathematics, remedial reading instructional services, 16,820
instructional services specifically for students gifted in 16,821
mathematics or some other subject area, or instructional services 16,822
for students with a specific type of handicap. The categories of 16,823
instructional services required by the guidelines under this 16,824
division shall be the same as the categories of instructional 16,825
services used in determining cost units pursuant to division 16,826
(C)(3) of this section. 16,827
(b) The numbers of students receiving support or 16,829
extracurricular services for each of the support services or 16,830
extracurricular programs offered by the school district, such as 16,831
counseling services, health services, and extracurricular sports 16,832
and fine arts programs. The categories of services required by 16,833
the guidelines under this division shall be the same as the 16,834
categories of services used in determining cost units pursuant to 16,835
division (C)(4)(a) of this section. 16,836
(c) Average student grades in each subject in grades nine 16,838
through twelve; 16,839
(d) Academic achievement levels in grades one through 16,841
eight as assessed by the locally developed competency programs 16,842
required by division (D) of section 3301.07 of the Revised Code; 16,843
(e) Academic achievement levels as assessed by the testing 16,845
of student proficiency under sections 3301.0710 and 3301.0711 of 16,846
the Revised Code; 16,847
(f) The number of students designated as having a 16,849
handicapping condition pursuant to division (C)(1) of section 16,850
3301.0711 of the Revised Code; 16,851
(g) The numbers of students reported to the state board 16,853
378
pursuant to division (C)(2) of section 3301.0711 of the Revised 16,854
Code; 16,855
(h) Attendance rates and the average daily attendance for 16,857
the year; 16,858
(i) Expulsion rates; 16,860
(j) Suspension rates; 16,862
(k) The percentage of students receiving corporal 16,864
punishment; 16,865
(l) Dropout rates; 16,867
(m) Rates of retention in grade; 16,869
(n) For pupils in grades nine through twelve, the average 16,871
number of carnegie units, as calculated in accordance with state 16,872
board OF EDUCATION rules; 16,873
(o) Graduation rates, to be calculated in a manner 16,875
specified by the department of education that reflects the rate 16,876
at which students who were in the ninth grade three years prior 16,877
to the current year complete school and that is consistent with 16,878
nationally accepted reporting requirements. 16,879
(2) Personnel and classroom enrollment data for each 16,881
school district, including: 16,882
(a) The total numbers of licensed employees and 16,884
nonlicensed employees and the numbers of full-time equivalent 16,886
licensed employees and nonlicensed employees providing each 16,887
category of instructional service, instructional support service, 16,888
and administrative support service used pursuant to division 16,889
(C)(3) of this section. The guidelines adopted under this 16,890
section shall require these categories of data to be maintained 16,891
for the school district as a whole and, wherever applicable, for 16,892
each grade in the school district as a whole, for each school 16,893
building as a whole, and for each grade in each school building. 16,894
(b) The total number of employees and the number of 16,896
full-time equivalent employees providing each category of service 16,897
used pursuant to divisions (C)(4)(a) and (b) of this section, and 16,898
the total numbers of licensed employees and nonlicensed employees 16,900
379
and the numbers of full-time equivalent licensed employees and 16,901
nonlicensed employees providing each category used pursuant to 16,902
division (C)(4)(c) of this section. The guidelines adopted under 16,903
this section shall require these categories of data to be 16,904
maintained for the school district as a whole and, wherever 16,905
applicable, for each grade in the school district as a whole, for 16,906
each school building as a whole, and for each grade in each 16,907
school building.
(c) The total number of regular classroom teachers 16,909
teaching classes of regular education and the average number of 16,910
pupils enrolled in each such class, in each of grades 16,911
kindergarten through five in the district as a whole and in each 16,912
school building in the school district. 16,913
(3) Student demographic data for each school district, 16,915
including information regarding the gender ratio of the school 16,916
district's pupils, the racial make-up of the school district's 16,917
pupils, and an appropriate measure of the number of the school 16,918
district's pupils who reside in economically disadvantaged 16,919
households. The demographic data shall be collected in a manner 16,920
to allow correlation with data collected under division (B)(1) of 16,921
this section. Categories for data collected pursuant to division 16,922
(B)(3) of this section shall conform, where appropriate, to 16,923
standard practices of agencies of the federal government. 16,924
(C) The education management information system shall 16,926
include cost accounting data for each district as a whole and for 16,927
each school building in each school district. The guidelines 16,928
adopted under this section shall require the cost data for each 16,929
school district to be maintained in a system of mutually 16,930
exclusive cost units and shall require all of the costs of each 16,931
school district to be divided among the cost units. The 16,932
guidelines shall require the system of mutually exclusive cost 16,933
units to include at least the following: 16,934
(1) Administrative costs for the school district as a 16,936
whole. The guidelines shall require the cost units under this 16,937
380
division (C)(1) to be designed so that each of them may be 16,938
compiled and reported in terms of average expenditure per pupil 16,939
in average daily membership in the school district, as determined 16,940
pursuant to section 3317.03 of the Revised Code. 16,941
(2) Administrative costs for each school building in the 16,943
school district. The guidelines shall require the cost units 16,944
under this division (C)(2) to be designed so that each of them 16,945
may be compiled and reported in terms of average expenditure per 16,946
full-time equivalent pupil receiving instructional or support 16,947
services in each building. 16,948
(3) Instructional services costs for each category of 16,950
instructional service provided directly to students and required 16,951
by guidelines adopted pursuant to division (B)(1)(a) of this 16,952
section. The guidelines shall require the cost units under 16,953
division (C)(3) of this section to be designed so that each of 16,954
them may be compiled and reported in terms of average expenditure 16,955
per pupil receiving the service in the school district as a whole 16,956
and average expenditure per pupil receiving the service in each 16,957
building in the school district and in terms of a total cost for 16,958
each category of service and, as a breakdown of the total cost, a 16,959
cost for each of the following components: 16,960
(a) The cost of each instructional services category 16,962
required by guidelines adopted under division (B)(1)(a) of this 16,963
section that is provided directly to students by a classroom 16,964
teacher; 16,965
(b) The cost of the instructional support services, such 16,967
as services provided by a speech-language pathologist, classroom 16,968
aide, multimedia aide, or librarian, provided directly to 16,969
students in conjunction with each instructional services 16,970
category; 16,971
(c) The cost of the administrative support services 16,973
related to each instructional services category, such as the cost 16,974
of personnel that develop the curriculum for the instructional 16,975
services category and the cost of personnel supervising or 16,976
381
coordinating the delivery of the instructional services category. 16,977
(4) Support or extracurricular services costs for each 16,979
category of service directly provided to students and required by 16,980
guidelines adopted pursuant to division (B)(1)(b) of this 16,981
section. The guidelines shall require the cost units under 16,982
division (C)(4) of this section to be designed so that each of 16,983
them may be compiled and reported in terms of average expenditure 16,984
per pupil receiving the service in the school district as a whole 16,985
and average expenditure per pupil receiving the service in each 16,986
building in the school district and in terms of a total cost for 16,987
each category of service and, as a breakdown of the total cost, a 16,988
cost for each of the following components: 16,989
(a) The cost of each support or extracurricular services 16,991
category required by guidelines adopted under division (B)(1)(b) 16,992
of this section that is provided directly to students by a 16,993
licensed employee, such as services provided by a guidance 16,994
counselor or any services provided by a licensed employee under a 16,996
supplemental contract;
(b) The cost of each such services category provided 16,998
directly to students by a nonlicensed employee, such as 16,999
janitorial services, cafeteria services, or services of a sports 17,000
trainer; 17,001
(c) The cost of the administrative services related to 17,003
each services category in division (C)(4)(a) or (b) of this 17,004
section, such as the cost of any licensed or nonlicensed 17,005
employees that develop, supervise, coordinate, or otherwise are 17,006
involved in administering or aiding the delivery of each services 17,007
category. 17,008
(D) The guidelines adopted under this section may require 17,010
school districts to collect information about individual 17,011
students, staff members, or both in connection with any data 17,012
required by division (B) or (C) of this section or other 17,013
reporting requirements established in the Revised Code. The 17,014
guidelines may also require school districts to report 17,015
382
information about individual staff members in connection with any 17,016
data required by division (B) or (C) of this section or other 17,017
reporting requirements established in the Revised Code. The 17,018
guidelines may authorize school districts to request social 17,019
security numbers of individual students so that school districts 17,020
and the data acquisition sites operated under section 3301.075 of 17,021
the Revised Code can assure accuracy and avoid errors in 17,022
collecting the data. However, the guidelines shall prohibit the 17,023
reporting under this section of any personally identifiable 17,024
information about any student, including a student's social 17,025
security number, name, or address, to the state board of 17,026
education or the department of education or to any other person 17,028
unless such person is employed by the school district or the data 17,029
acquisition site and is authorized by the district or acquisition 17,030
site to have access to such information. The guidelines may 17,031
require school districts to provide the social security numbers 17,032
of individual staff members. 17,033
(E) The guidelines adopted under this section may require 17,035
school districts to collect and report data, information, or 17,036
reports other than that described in divisions (A), (B), and (C) 17,037
of this section for the purpose of complying with other reporting 17,038
requirements established in the Revised Code. The other data, 17,039
information, or reports may be maintained in the education 17,040
management information system but are not required to be compiled 17,041
as part of the profile formats required under division (G) of 17,042
this section or the annual statewide report required under 17,043
division (H) of this section. 17,044
(F) Beginning with the school year that begins July 1, 17,046
1991, the board of education of each school district shall 17,047
annually collect and report to the state board, in accordance 17,049
with the guidelines established by the board, the data required 17,051
pursuant to this section. A school district may collect and 17,052
report these data notwithstanding section 2151.358 or 3319.321 of 17,053
the Revised Code. 17,054
383
(G) The state board shall, in accordance with the 17,056
procedures it adopts, annually compile the data reported by each 17,057
school district pursuant to division (D) of this section. The 17,058
state board shall design formats for profiling each school 17,060
district as a whole and each school building within each district 17,061
and shall compile the data in accordance with these formats. 17,062
These profile formats shall: 17,063
(1) Include all of the data gathered under this section in 17,065
a manner that facilitates comparison among school districts and 17,066
among school buildings within each school district; 17,067
(2) Present the data on academic achievement levels as 17,069
assessed by the testing of student proficiency maintained 17,070
pursuant to division (B)(1)(e) of this section so that the 17,071
academic achievement levels of students who are excused from 17,072
taking any such test pursuant to division (C)(1) of section 17,073
3301.0711 of the Revised Code are distinguished from the academic 17,074
achievement levels of students who are not so excused. 17,075
(H)(1) The state board shall, in accordance with the 17,077
procedures it adopts, annually prepare a statewide report for all 17,078
school districts and the general public that includes the profile 17,079
of each of the school districts developed pursuant to division 17,080
(G) of this section. Copies of the report shall be sent to each 17,081
school district. 17,082
(2) The state board shall, in accordance with the 17,084
procedures it adopts, annually prepare an individual report for 17,085
each school district and the general public that includes the 17,086
profiles of each of the school buildings in that school district 17,087
developed pursuant to division (G) of this section. Copies of 17,088
the report shall be sent to the superintendent of the district 17,089
and to each member of the district board of education. 17,090
(3) Copies of the reports received from the state board 17,092
under divisions (H)(1) and (2) of this section shall be made 17,093
available to the general public at each school district's 17,094
offices. Each district board of education shall make copies of 17,095
384
each report available to any person upon request and payment of a 17,096
reasonable fee for the cost of reproducing the report. The board 17,097
shall annually publish in a newspaper of general circulation in 17,098
the school district, at least twice during the two weeks prior to 17,099
the week in which the reports will first be available, a notice 17,100
containing the address where the reports are available and the 17,101
date on which the reports will be available. 17,102
(I) Any data that is collected or maintained pursuant to 17,104
this section and that identifies an individual pupil is not a 17,105
public record for the purposes of section 149.43 of the Revised 17,106
Code. 17,107
(J) As used in this section: 17,109
(1) "School district" means any city, local, exempted 17,111
village, or joint vocational school district. 17,112
(2) "Cost" means any expenditure for operating expenses 17,114
made by a school district excluding any expenditures for debt 17,115
retirement except for payments made to any commercial lending 17,116
institution for any loan approved pursuant to section 3313.483 of 17,117
the Revised Code. 17,118
(K) Any person who removes data from the information 17,120
system established under this section for the purpose of 17,121
releasing it to any person not entitled under law to have access 17,122
to such information is subject to section 2913.42 of the Revised 17,123
Code prohibiting tampering with data. 17,124
(L) ANY TIME THE DEPARTMENT OF EDUCATION DETERMINES THAT A 17,127
SCHOOL DISTRICT HAS TAKEN ANY OF THE ACTIONS DESCRIBED UNDER 17,128
DIVISION (L)(1), (2), OR (3) OF THIS SECTION, IT SHALL MAKE A 17,129
REPORT OF THE ACTIONS OF THE DISTRICT, SEND A COPY OF THE REPORT 17,130
TO THE SUPERINTENDENT OF SUCH SCHOOL DISTRICT, AND MAINTAIN A 17,131
COPY OF THE REPORT IN ITS FILES: 17,132
(1) THE SCHOOL DISTRICT FAILS TO MEET ANY DEADLINE 17,134
ESTABLISHED PURSUANT TO THIS SECTION FOR THE REPORTING OF ANY 17,135
DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM; 17,136
(2) THE SCHOOL DISTRICT FAILS TO MEET ANY DEADLINE 17,138
385
ESTABLISHED PURSUANT TO THIS SECTION FOR THE CORRECTION OF ANY 17,139
DATA REPORTED TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM; 17,141
(3) THE SCHOOL DISTRICT REPORTS DATA TO THE EDUCATION 17,143
MANAGEMENT INFORMATION SYSTEM IN A CONDITION, AS DETERMINED BY 17,144
THE DEPARTMENT, THAT INDICATES THAT THE DISTRICT DID NOT MAKE A 17,145
GOOD FAITH EFFORT IN REPORTING THE DATA TO THE SYSTEM. 17,146
ANY REPORT MADE UNDER THIS DIVISION SHALL INCLUDE 17,148
RECOMMENDATIONS FOR CORRECTIVE ACTION BY THE SCHOOL DISTRICT. 17,149
UPON MAKING A REPORT FOR THE FIRST TIME IN A FISCAL YEAR, 17,152
THE DEPARTMENT SHALL WITHHOLD TEN PER CENT OF THE TOTAL AMOUNT 17,153
DUE DURING THAT FISCAL YEAR UNDER CHAPTER 3317. OF THE REVISED 17,154
CODE TO THE SCHOOL DISTRICT TO WHICH THE REPORT APPLIES. UPON 17,155
MAKING A SECOND REPORT IN A FISCAL YEAR, THE DEPARTMENT SHALL 17,156
WITHHOLD AN ADDITIONAL TWENTY PER CENT OF SUCH TOTAL AMOUNT DUE 17,157
DURING THAT FISCAL YEAR TO THE SCHOOL DISTRICT TO WHICH THE 17,158
REPORT APPLIES. THE DEPARTMENT SHALL NOT RELEASE SUCH FUNDS 17,159
UNLESS IT DETERMINES THAT THE DISTRICT HAS TAKEN CORRECTIVE 17,160
ACTION. HOWEVER, NO SUCH RELEASE OF FUNDS SHALL OCCUR IF THE 17,161
DISTRICT FAILS TO TAKE CORRECTIVE ACTION WITHIN NINETY DAYS OF 17,162
THE DATE UPON WHICH THE REPORT WAS MADE BY THE DEPARTMENT. 17,163
(M) THE DEPARTMENT OF EDUCATION, AFTER CONSULTATION WITH 17,166
THE OHIO EDUCATION COMPUTER NETWORK, MAY PROVIDE AT NO COST TO 17,167
SCHOOL DISTRICTS UNIFORM COMPUTER SOFTWARE FOR USE IN REPORTING 17,168
DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM, PROVIDED 17,169
THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO UTILIZE SUCH 17,170
SOFTWARE TO REPORT DATA TO THE EDUCATION MANAGEMENT INFORMATION 17,171
SYSTEM IF SUCH DISTRICT IS SO REPORTING DATA IN AN ACCURATE, 17,172
COMPLETE, AND TIMELY MANNER IN A FORMAT COMPATIBLE WITH THAT 17,173
REQUIRED BY THE EDUCATION MANAGEMENT INFORMATION SYSTEM. 17,174
(N) THE STATE BOARD OF EDUCATION, IN ACCORDANCE WITH 17,177
SECTIONS 3319.31 AND 3319.311 OF THE REVISED CODE, MAY SUSPEND OR 17,179
REVOKE A LICENSE AS DEFINED UNDER DIVISION (A) OF SECTION 3319.31 17,181
OF THE REVISED CODE THAT HAS BEEN ISSUED TO ANY SCHOOL DISTRICT 17,184
EMPLOYEE FOUND TO HAVE WILLFULLY REPORTED ERRONEOUS, INACCURATE, 17,185
386
OR INCOMPLETE DATA TO THE EDUCATION MANAGEMENT INFORMATION 17,186
SYSTEM.
Sec. 3301.0719. (A) As used in this section: 17,195
(1) "AID TO DEPENDENT CHILDREN" MEANS: 17,197
(a) AID PROVIDED UNDER CHAPTER 5107. OF THE REVISED CODE 17,200
PRIOR TO OCTOBER 1, 1996;
(b) CASH ASSISTANCE PROVIDED ON OR AFTER OCTOBER 1, 1996, 17,203
UNDER A STATE PROGRAM OPERATED PURSUANT TO TITLE IV-A OF THE 17,204
"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS 17,207
AMENDED, REGARDLESS OF THE NAME USED TO DESIGNATE THAT
ASSISTANCE. 17,208
(2) "Aid-to-dependent-children rate" means the percentage 17,210
that equals the quotient obtained by dividing the number of 17,211
children ages five to seventeen residing in the district and 17,212
living in a family receiving aid to dependent children, as 17,213
certified for the most recent year under section 3317.10 of the 17,214
Revised Code, by the total of the number of students in average 17,215
daily membership in grades kindergarten through twelve, as 17,216
certified for the most recent year under section 3317.03 of the 17,217
Revised Code. 17,218
(2)(3) "At-risk school district" means any city, exempted 17,220
village, or local school district that has a dropout rate, 17,221
rounded to the nearest one-half per cent, of thirty per cent or 17,222
more and to whom one or both of the following apply: 17,223
(a) The aid-to-dependent-children rate of the district is 17,225
more than thirty per cent. 17,226
(b) The amount of the average personal income per tax 17,228
return of the district, as reported for the most recent tax year 17,229
by the department of taxation to the department of education, is 17,230
less than eighty per cent of the amount of the statewide average 17,231
personal income per tax return for that tax year. 17,232
(3)(4) "Dropout rate" for any at-risk school district 17,234
means the percentage that equals the difference between one 17,235
hundred per cent and the graduation rate for the most recent 17,236
387
school year calculated in accordance with division (B)(1)(r)(l) 17,237
of section 3301.0714 of the Revised Code. 17,238
(B) During the first two weeks of July each year, 17,240
beginning in 1992, the state board of education shall determine 17,241
each school district that is an at-risk school district and that 17,242
receives at least three hundred thousand dollars under division 17,243
(B)(3) of section 3317.023 of the Revised Code and shall notify 17,244
any such district of this determination and the requirements of 17,245
division (B)(4) of section 3317.023 of the Revised Code. 17,246
Notwithstanding division (B)(4) of section 3317.023 of the 17,248
Revised Code, in the school year in which a school district is 17,249
initially identified as at-risk, in lieu of the expenditure 17,250
required by that division, each district board shall expend at 17,251
least one-eightieth of the amount designated under that division 17,252
on preparation for the implementation of the programs required by 17,253
that division for the following school year. Such preparation 17,254
shall include submission of a report to the state board of 17,255
education detailing the preparation and the actual plans for 17,256
implementation of the specified programs and the provision of at 17,257
least ten days of in-service training for teachers who will be 17,258
participating in such programs. The preparation may include the 17,259
purchase of materials and the hiring of consultants. 17,260
Sec. 3301.134. (A) IN EACH FISCAL YEAR THE DEPARTMENT OF 17,262
EDUCATION, IN ACCORDANCE WITH APPROPRIATIONS MADE BY THE GENERAL 17,263
ASSEMBLY, MAY ISSUE AWARDS OF EQUAL AMOUNTS UP TO FIFTEEN 17,264
THOUSAND DOLLARS TO THOSE FIFTY PUBLIC SCHOOLS THAT ARE 17,265
DETERMINED BY THE DEPARTMENT TO HAVE IMPLEMENTED IN THE 17,266
IMMEDIATELY PRECEDING FISCAL YEAR INNOVATIVE AND EXEMPLARY
PARENTAL INVOLVEMENT PROGRAMS THAT HAVE ENHANCED PARENTAL 17,267
INVOLVEMENT IN SUCH SCHOOLS ACCORDING TO CRITERIA ESTABLISHED BY 17,268
THE DEPARTMENT.
(B) THE DEPARTMENT OF EDUCATION SHALL COLLECT AND RETAIN 17,271
INFORMATION ON THE INNOVATIVE AND EXEMPLARY PARENTAL INVOLVEMENT 17,272
PROGRAMS OF ALL SCHOOLS THAT HAVE RECEIVED AWARDS UNDER DIVISION
388
(A) OF THIS SECTION. IN EACH FISCAL YEAR THE DEPARTMENT SHALL 17,274
PUBLICIZE TO EVERY SCHOOL DISTRICT A DESCRIPTION OF EACH OF THE 17,275
INNOVATIVE AND EXEMPLARY PARENTAL INVOLVEMENT PROGRAMS OF THE
SCHOOLS THAT HAVE RECEIVED AWARDS IN THE IMMEDIATELY PRECEDING 17,276
FISCAL YEAR.
(C) ANY SCHOOL THAT RECEIVES AN AWARD UNDER DIVISION (A) 17,279
OF THIS SECTION MAY EXPEND THE MONEY ON ANY LAWFUL PURPOSE. 17,280
Sec. 3301.80. (A)(1) There is hereby created the 17,290
INFORMATION, LEARNING, AND technology advisory committee 17,291
AUTHORITY consisting of nine ELEVEN members, five SEVEN of whom 17,293
are voting members. Of the voting members, one shall be 17,294
appointed by the governor SPEAKER OF THE HOUSE OF REPRESENTATIVES 17,295
AND ONE SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE. THE 17,296
MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT 17,297
OF THE SENATE SHALL NOT BE MEMBERS OF THE GENERAL ASSEMBLY. The
state superintendent of public instruction or a designee of the 17,298
superintendent, THE DIRECTOR OF THE OFFICE OF BUDGET AND 17,299
MANAGEMENT OR A DESIGNEE OF THE DIRECTOR, the director of the 17,301
department of administrative services or a designee of the 17,302
director, the chairperson of the public utilities commission or a 17,303
designee of the chairperson, and the director of the Ohio 17,304
educational telecommunications network commission or a designee 17,305
of the director shall serve on the committee as ex officio voting 17,306
members. Of the nonvoting members, two shall be members of the 17,307
house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed 17,308
by the president of the senate. The members appointed from each 17,309
house shall not be members of the same political party. 17,310
The term TERMS of office for the member MEMBERS appointed 17,313
by the governor SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE 17,314
SENATE shall be for two years, with the EACH term ending on the 17,315
same day of the same month as did the term that it succeeds. The 17,317
member MEMBERS appointed by the governor SPEAKER OF THE HOUSE AND 17,318
THE PRESIDENT OF THE SENATE may be reappointed. Any member 17,320
389
appointed from the house of representatives or senate who ceases
to be a member of the legislative house from which the member was 17,321
appointed shall cease to be a member of the committee. Vacancies 17,322
among appointed members shall be filled in the manner provided 17,323
for original appointments. Any member appointed to fill a 17,324
vacancy occurring prior to the expiration date of the term for 17,325
which a predecessor was appointed shall hold office as a member
for the remainder of that term. The member MEMBERS appointed by 17,326
the governor SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE 17,327
shall continue in office subsequent to the expiration date of 17,328
that member's term until a successor takes office or until a 17,329
period of sixty days has elapsed, whichever occurs first. 17,330
(2) The INFORMATION, LEARNING, AND technology advisory 17,332
committee AUTHORITY shall monitor and oversee the operations of, 17,334
and programs administered by, the office of information,
learning, and technology services established under division (B) 17,335
of this section. In addition, the committee AUTHORITY may 17,336
develop and issue policies and directives to be followed by the 17,338
office of information, learning, and technology services in 17,339
implementing the programs under its jurisdiction.
(B) The office of information, learning, and technology 17,341
services is hereby established as an independent agency within 17,342
the department of education. The office shall be under the 17,343
supervision of a director who shall be appointed by the 17,344
superintendent of public instruction except that the 17,345
superintendent shall not appoint a person as director unless the 17,346
person has been approved by a majority vote of the INFORMATION, 17,347
LEARNING, AND technology advisory committee AUTHORITY. The 17,348
director shall serve at the pleasure of the committee AUTHORITY 17,349
and shall direct the office in the administration of all programs 17,351
for the provision of financial and other assistance to school 17,352
districts and other educational institutions for the acquisition 17,353
and utilization of educational technology. The office of
information, learning, and technology services shall do all of 17,354
390
the following:
(1) Make grants to institutions and other organizations as 17,356
prescribed by the general assembly for the provision of technical 17,357
assistance, professional development, and other support services 17,358
to enable school districts and other educational institutions to 17,359
utilize educational technology;
(2) Contract with the department of education, state 17,361
institutions of higher education, private nonprofit institutions 17,362
of higher education holding certificates of authorization under 17,363
section 1713.02 of the Revised Code, and such other public or 17,364
private entities, and employ such persons as the director of the 17,365
office deems necessary for the administration and implementation
of the programs under the office's jurisdiction; 17,366
(3) Establish a reporting system to which school districts 17,368
and other educational institutions receiving financial assistance 17,369
pursuant to this section for the acquisition of educational 17,370
technology report information as to the manner in which such 17,371
assistance was expended, the manner in which the equipment or 17,372
services purchased with the assistance is being utilized, the
results or outcome of this utilization, and other information as 17,373
may be required by the office; 17,374
(4) Establish necessary guidelines governing purchasing 17,376
and procurement by participants in programs administered by the 17,377
office that facilitate the timely and effective implementation of 17,378
such programs;
(5) Implement policies and directives issued by the 17,380
INFORMATION, LEARNING, AND technology advisory committee 17,381
AUTHORITY established under division (A) of this section. 17,382
The office of information, learning, and technology 17,384
services may establish a systems support network to facilitate 17,385
the timely implementation of the programs, projects, or 17,386
activities for which it provides assistance.
Chapters 123., 124., 125., and 153., and sections 9.331, 17,388
9.332, and 9.333 of the Revised Code do not apply to contracts, 17,389
391
programs, projects, or activities of the INFORMATION, LEARNING, 17,390
AND TECHNOLOGY AUTHORITY OR THE office of information, learning, 17,391
and technology services.
For purposes of exercising collective bargaining rights 17,393
under Chapter 4117. of the Revised Code, the employees of the 17,395
office of information, learning, and technology services shall be 17,397
placed in a bargaining unit separate from any other unit 17,398
containing employees of the state.
Sec. 3301.801. THE OFFICE OF INFORMATION, LEARNING, AND 17,400
TECHNOLOGY SERVICES SHALL CREATE AND MAINTAIN A CLEARINGHOUSE FOR 17,402
CLASSROOM TEACHERS TO EASILY OBTAIN LESSON PLANS AND MATERIALS 17,403
AND OTHER PRACTICAL RESOURCES FOR USE IN CLASSROOM TEACHING. THE 17,404
OFFICE SHALL DEVELOP A METHOD OF OBTAINING SUBMISSIONS, FROM 17,405
CLASSROOM TEACHERS AND OTHERS, OF SUCH PLANS, MATERIALS, AND 17,406
OTHER RESOURCES THAT HAVE BEEN USED IN THE CLASSROOM AND THAT CAN 17,407
BE READILY USED AND IMPLEMENTED BY CLASSROOM TEACHERS IN THEIR 17,408
REGULAR TEACHING ACTIVITIES. THE OFFICE ALSO SHALL DEVELOP 17,409
METHODS OF INFORMING CLASSROOM TEACHERS OF BOTH THE AVAILABILITY 17,410
OF SUCH PLANS, MATERIALS, AND OTHER RESOURCES, AND OF THE 17,411
OPPORTUNITY TO SUBMIT SUCH PLANS, MATERIALS, AND OTHER RESOURCES 17,412
AND OTHER CLASSROOM TEACHING IDEAS TO THE CLEARINGHOUSE. 17,413
THE OFFICE SHALL PERIODICALLY REPORT TO THE SPEAKER OF THE 17,416
HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE 17,417
CHAIRPERSONS OF THE EDUCATION COMMITTEES OF THE SENATE AND THE 17,418
HOUSE OF REPRESENTATIVES REGARDING THE CLEARINGHOUSE AND MAKE 17,419
RECOMMENDATIONS FOR CHANGES IN STATE LAW OR ADMINISTRATIVE RULES 17,420
THAT MAY FACILITATE THE USEFULNESS OF THE CLEARINGHOUSE. 17,421
Sec. 3307.01. As used in this chapter: 17,430
(A) "Employer" means the board of education, school 17,432
district, GOVERNING AUTHORITY OF ANY COMMUNITY SCHOOL ESTABLISHED 17,433
UNDER CHAPTER 3314. OF THE REVISED CODE, college, university, 17,434
institution, or other agency within the state by which a teacher 17,436
is employed and paid.
(B) "Teacher" means any person paid from public funds and 17,438
392
employed in the public schools of the state under any type of 17,439
contract described in section 3319.08 of the Revised Code in a 17,440
position for which the teacher person is required to have a 17,441
license issued pursuant to sections 3319.22 to 3319.31 of the 17,443
Revised Code; ANY PERSON EMPLOYED AS A TEACHER BY A COMMUNITY 17,444
SCHOOL PURSUANT TO CHAPTER 3314. OF THE REVISED CODE; and any 17,446
other teacher or faculty member employed in any school, college, 17,447
university, institution, or other agency wholly controlled and 17,448
managed, and supported in whole or in part, by the state or any 17,449
political subdivision thereof, including Central state 17,450
university, Cleveland state university, the university of Toledo, 17,451
and the medical college of Ohio at Toledo. The educational 17,452
employees of the department of education, as determined by the 17,453
state superintendent of public instruction, shall be considered 17,454
teachers for the purpose of membership in this system. In all 17,455
cases of doubt, the state teachers retirement board shall 17,456
determine whether any person is a teacher, and its decision shall 17,457
be final.
"Teacher" does not include any academic or administrative 17,459
employee of a public institution of higher education, as defined 17,460
in section 3305.01 of the Revised Code, who participates in all 17,461
AN alternative retirement plan established under Chapter 3305. of 17,462
the Revised Code.
(C) "Prior service" means all service as a teacher before 17,464
September 1, 1920, military service credit, all service prior to 17,465
September 1, 1920, as an employee of any employer who comes 17,466
within the public employees retirement system, the school 17,467
employees retirement system, or any other state retirement system 17,468
established under the laws of Ohio, and similar service in 17,469
another state, credit for which was procured by a member under 17,470
section 3307.33 of the Revised Code, prior to June 25, 1945. 17,471
Prior service credit shall not be granted to any member for 17,472
service for which credit or benefits have been received in any 17,473
other state retirement system in Ohio or for credit that was 17,474
393
forfeited by withdrawal of contributions, unless the credit has 17,475
been restored. If the teacher served as an employee in any two 17,476
or all of the capacities, "prior service" means the total 17,477
combined service in the capacities prior to September 1, 1920. 17,478
If a teacher who has been granted prior service credit for 17,480
service rendered prior to September 1, 1920, as an employee of an 17,481
employer who comes within the public employees retirement system 17,482
or the school employees retirement system, establishes, 17,483
subsequent to September 16, 1957, and before retirement, three 17,484
years of contributing service in the public employees retirement 17,485
system, or one year in the school employees retirement system, 17,486
the prior service credit granted shall become, at retirement, the 17,488
liability of the other system if the prior service or employment 17,490
was in a capacity covered by that system.
(D) "Total service," "total service credit," except as 17,492
provided in section 3307.41 of the Revised Code, or "Ohio service 17,493
credit" means all service of a member of the state teachers 17,494
retirement system since last becoming a member and, in addition 17,495
thereto, restored service credit under section 3307.28, all prior 17,496
service credit, all military service credit computed as provided 17,498
in this chapter, and all other service credit established under 17,499
sections 3307.31, 3307.311, 3307.32, 3307.35, 3307.411, 3307.51, 17,500
3307.512, 3307.513, and 3307.73 and former section 3307.52 of the 17,501
Revised Code, and Section 3 of Amended Substitute Senate Bill No. 17,502
530 of the 114th general assembly. All service credit purchased 17,503
under section 3307.33 of the Revised Code shall be used 17,504
exclusively for the purpose of qualifying for service retirement. 17,505
(E) "Member" means any person included in the membership 17,507
of the state teachers retirement system, which shall consist of 17,508
all teachers and contributors as defined in divisions (B) and (F) 17,509
of this section and all disability benefit recipients. However, 17,510
for purposes of this chapter, the following persons shall not be 17,511
considered members: 17,512
(1) A student, intern, or resident who is not a member 17,514
394
while employed part-time by a school, college, or university at 17,516
which the student, intern, or resident is regularly attending 17,517
classes;
(2) A person denied membership pursuant to section 3307.27 17,519
of the Revised Code; 17,520
(3) A superannuate or other system retirant as defined in 17,522
section 3307.381 of the Revised Code; 17,523
(4) An individual employed in a program established 17,525
pursuant to the "Job Training Partnership Act," 96 Stat. 1322 17,526
(1982), 29 U.S.C.A. 1501. 17,527
(F) "Contributor" means any person who has an account in 17,529
the teachers' savings fund. 17,530
(G) "Beneficiary" means any person eligible to receive, or 17,532
in receipt of, a retirement allowance or other benefit provided 17,533
by this chapter. 17,534
(H)(1) "Service retirement" means retirement as provided 17,536
in section 3307.38 or 3307.39 of the Revised Code. 17,537
(2) "Disability retirement" means retirement as provided 17,539
in section 3307.43 of the Revised Code. 17,540
(I) "Accumulated contributions" means the sum of all 17,542
amounts credited to a contributor's individual account in the 17,543
teachers' savings fund, together with interest credited thereon 17,544
at the rates approved by the state teachers retirement board 17,545
prior to retirement. 17,546
(J) "Annuity" means payments for life derived from 17,548
contributions made by a contributor and paid from the annuity and 17,549
pension reserve fund. All annuities shall be paid in twelve 17,550
equal monthly installments. 17,551
(K) "Pensions" means annual payments for life derived from 17,553
appropriations made by an employer and paid from the annuity and 17,554
pension reserve fund. All pensions shall be paid in twelve equal 17,555
monthly installments. 17,556
(L)(1) "Allowance" or "benefit" means the pension plus the 17,558
annuity, or any other payment under this chapter, and includes a 17,559
395
disability allowance or disability benefit. 17,560
(2) "Disability allowance" means an allowance paid on 17,562
account of disability under section 3307.431 of the Revised Code. 17,563
(3) "Disability benefit" means a benefit paid as 17,565
disability retirement under section 3307.43 of the Revised Code, 17,566
as a disability allowance under section 3307.431 of the Revised 17,567
Code, or as a disability benefit under section 3307.41 of the 17,568
Revised Code. 17,569
(M) "Annuity reserve" means the present value, computed 17,571
upon the basis of mortality tables adopted by the state teachers 17,572
retirement board with interest, of all payments to be made on 17,573
account of any annuity, or benefit in lieu of any annuity, 17,574
granted to a member. 17,575
(N) "Pension reserve" means the present value, computed 17,577
upon the basis of mortality tables adopted by the state teachers 17,578
retirement board with interest, of all payments to be made on 17,579
account of any pension, or benefit in lieu of any pension, 17,580
granted to a member or to a beneficiary. 17,581
(O) "Year" means the year beginning the first day of July 17,583
and ending with the thirtieth day of June next following, except 17,584
that for the purpose of determining final average salary, "year" 17,585
may mean the contract year. 17,586
(P) "Local district pension system" means any school 17,588
teachers pension fund created in any school district of the state 17,589
in accordance with the laws of the state prior to September 1, 17,590
1920. 17,591
(Q) "Employer contribution" means the amount paid by an 17,593
employer, as determined by the employer rate, including the 17,594
normal and deficiency rates, contributions, and funds wherever 17,595
used in this chapter. 17,596
(R) "Five years of service credit," for the exclusive 17,598
purpose of satisfying the service credit requirements and 17,599
determining eligibility for benefits under section 3307.38 of the 17,600
Revised Code, means employment covered under this chapter and 17,601
396
employment covered under a former retirement plan operated, 17,602
recognized, or endorsed by a college, institute, university, or 17,603
political subdivision of this state prior to coverage under this 17,604
chapter. 17,605
(S) "Actuary" means the actuarial consultant to the state 17,607
teachers retirement board, who shall be either of the following: 17,608
(1) A member of the American academy of actuaries; 17,610
(2) A firm, partnership, or corporation of which at least 17,612
one person is a member of the American academy of actuaries. 17,613
(T) "Fiduciary" means a person who does any of the 17,615
following: 17,616
(1) Exercises any discretionary authority or control with 17,618
respect to the management of the system, or with respect to the 17,619
management or disposition of its assets; 17,620
(2) Renders investment advice for a fee, direct or 17,622
indirect, with respect to money or property of the system; 17,623
(3) Has any discretionary authority or responsibility in 17,625
the administration of the system. 17,626
(U)(1) Except as otherwise provided in this division, 17,628
"compensation" means all salary, wages, and other earnings paid 17,629
to a teacher by reason of the teacher's employment, including 17,630
compensation paid pursuant to a supplemental contract. The 17,631
salary, wages, and other earnings shall be determined prior to 17,632
determination of the amount required to be contributed to the 17,633
teachers' savings fund under section 3307.51 of the Revised Code 17,634
and without regard to whether any of the salary, wages, or other 17,635
earnings are treated as deferred income for federal income tax 17,636
purposes.
(2) Compensation does not include any of the following: 17,638
(a) Payments for accrued but unused sick leave or personal 17,640
leave, including payments made under a plan established pursuant 17,641
to section 124.39 of the Revised Code or any other plan 17,642
established by the employer; 17,643
(b) Payments made for accrued but unused vacation leave, 17,645
397
including payments made pursuant to section 124.13 of the Revised 17,646
Code or a plan established by the employer; 17,647
(c) Payments made for vacation pay covering concurrent 17,649
periods for which other salary, compensation, or benefits under 17,650
this chapter are paid; 17,651
(d) Amounts paid by the employer to provide life 17,653
insurance, sickness, accident, endowment, health, medical, 17,654
hospital, dental, or surgical coverage, or other insurance for 17,655
the teacher or the teacher's family, or amounts paid by the 17,656
employer to the teacher in lieu of providing the insurance; 17,657
(e) Incidental benefits, including lodging, food, laundry, 17,659
parking, or services furnished by the employer, use of the 17,660
employer's property or equipment, and reimbursement for 17,661
job-related expenses authorized by the employer, including moving 17,662
and travel expenses and expenses related to professional 17,663
development; 17,664
(f) Payments made by the employer in exchange for a 17,666
member's waiver of a right to receive any payment, amount, or 17,667
benefit described in division (U)(2) of this section; 17,668
(g) Payments by the employer for services not actually 17,670
rendered; 17,671
(h) Any amount paid by the employer as a retroactive 17,673
increase in salary, wages, or other earnings, unless the increase 17,674
is one of the following: 17,675
(i) A retroactive increase paid to a member employed by a 17,677
school district board of education in a position that requires a 17,678
license designated for teaching and not designated for being an 17,679
administrator issued under section 3319.22 of the Revised Code 17,680
that is paid in accordance with uniform criteria applicable to 17,681
all members employed by the board in positions requiring the 17,682
licenses; 17,683
(ii) A retroactive increase paid to a member employed by a 17,685
school district board of education in a position that requires a 17,686
license designated for being an administrator issued under 17,687
398
section 3319.22 of the Revised Code that is paid in accordance 17,688
with uniform criteria applicable to all members employed by the 17,689
board in positions requiring the licenses; 17,690
(iii) A retroactive increase paid to a member employed by 17,692
a school district board of education as a superintendent that is 17,693
also paid as described in division (U)(2)(h)(i) of this section; 17,694
(iv) A retroactive increase paid to a member employed by 17,696
an employer other than a school district board of education in 17,697
accordance with uniform criteria applicable to all members 17,698
employed by the employer. 17,699
(i) Payments made to or on behalf of a teacher that are in 17,701
excess of the annual compensation that may be taken into account 17,702
by the retirement system under division (a)(17) of section 401 of 17,703
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 17,704
401(a)(17), as amended. For a teacher who first establishes 17,705
membership before July 1, 1996, the annual compensation that may 17,706
be taken into account by the retirement system shall be 17,707
determined under division (d)(3) of section 13212 of the "Omnibus 17,708
Budget Reconciliation Act of 1993," Pub. L. 103-66, 107 Stat. 17,710
472.
(j) Payments made under division (B) or (D) of section 17,712
5923.05 of the Revised Code or Section 4 of Substitute Senate 17,714
Bill No. 3 of the 119th General Assembly GENERAL ASSEMBLY; 17,715
(k) Anything of value received by the teacher that is 17,717
based on or attributable to retirement or an agreement to retire. 17,718
(3) The retirement board shall determine by rule both of 17,720
the following: 17,721
(a) Whether particular forms of earnings are included in 17,723
any of the categories enumerated in this division; 17,724
(b) Whether any form of earnings not enumerated in this 17,726
division is to be included in compensation. 17,727
Decisions of the board made under this division shall be 17,729
final. 17,730
(V) "Retirant" means any former member who is granted age 17,732
399
and service retirement as provided in sections 3307.38, 3307.39, 17,733
3307.41, and 3307.50 of the Revised Code. 17,734
(W) "Disability benefit recipient" means a member who is 17,736
receiving a disability benefit. 17,737
Sec. 3309.01. As used in this chapter: 17,747
(A) "Employer" or "public employer" means boards of 17,749
education, school districts, joint vocational districts, 17,750
GOVERNING AUTHORITIES OF COMMUNITY SCHOOLS ESTABLISHED UNDER 17,752
CHAPTER 3314. OF THE REVISED CODE, educational institutions,
technical colleges, state, municipal, and community colleges, 17,754
community college branches, universities, university branches, 17,755
other educational institutions, or other agencies within the 17,756
state by which an employee is employed and paid, including any 17,757
organization using federal funds, provided the federal funds are 17,758
disbursed by an employer as determined by the above. In all 17,760
cases of doubt, the school employees retirement board shall 17,761
determine whether any employer is an employer as defined in this 17,762
chapter, and its decision shall be final. 17,763
(B) "Employee" means all of the following: 17,765
(1) Any person employed by a public employer in a position 17,767
for which the person is not required to have a certificate or 17,768
license issued pursuant to sections 3319.22 to 3319.31 of the 17,770
Revised Code;
(2) Any person who performs a service common to the normal 17,772
daily operation of an educational unit even though the person is 17,774
employed and paid by one who has contracted with an employer to 17,775
perform the service, and the contracting board or educational 17,777
unit shall be the employer for the purposes of administering the 17,778
provisions of this chapter; 17,779
(3) Any person, not a faculty member, employed in any 17,781
school or college or other institution wholly controlled and 17,782
managed, and wholly or partly supported by the state or any 17,783
political subdivision thereof, the board of trustees, or other 17,784
managing body of which shall accept the requirements and 17,785
400
obligations of this chapter. 17,786
In all cases of doubt, the school employees retirement 17,788
board shall determine whether any person is an employee, as 17,789
defined in this division, and its decision is final. 17,790
(C) "Prior service" means all service rendered prior to 17,792
September 1, 1937: 17,793
(1) As an employee as defined in division (B) of this 17,795
section; 17,796
(2) As an employee in a capacity covered by the public 17,798
employees retirement system or the state teachers retirement 17,799
system; 17,800
(3) As an employee of an institution in another state, 17,802
service credit for which was procured by a member under the 17,803
provisions of section 3309.31 of the Revised Code. 17,804
Prior service, for service as an employee in a capacity 17,806
covered by the public employees retirement system or the state 17,807
teachers retirement system, shall be granted a member under 17,808
qualifications identical to the laws and rules applicable to 17,809
service credit in those systems. 17,810
Prior service shall not be granted any member for service 17,813
rendered in a capacity covered by the public employees retirement 17,814
system, the state teachers retirement system, and this system in 17,815
the event the service credit has, in the respective systems, been 17,817
received, waived by exemption, or forfeited by withdrawal of 17,818
contributions, except as provided in this chapter.
If a member who has been granted prior service should, 17,820
subsequent to September 16, 1957, and before retirement, 17,821
establish three years of contributing service in the public 17,822
employees retirement system, or one year in the state teachers 17,823
retirement system, then the prior service granted shall become, 17,825
at retirement, the liability of the other system, if the prior 17,827
service or employment was in a capacity that is covered by that 17,828
system. 17,829
The provisions of this division shall not cancel any prior 17,831
401
service granted a member by the school employees retirement board 17,832
prior to August 1, 1959. 17,833
(D) "Total service," "total service credit," or "Ohio 17,835
service credit" means all contributing service of a member of the 17,836
school employees retirement system, and all prior service, 17,838
computed as provided in this chapter, and all service established 17,839
pursuant to sections 3309.31, 3309.311, and 3309.33 of the
Revised Code. In addition, "total service" includes any period, 17,840
not in excess of three years, during which a member was out of 17,841
service and receiving benefits from the state insurance fund, 17,842
provided the injury or incapacitation was the direct result of 17,843
school employment. 17,844
(E) "Member" means any employee, except an SERS retirant 17,846
or other system retirant as defined in section 3309.341 of the 17,847
Revised Code, who has established membership in the school 17,848
employees retirement system. "Member" includes a disability 17,849
benefit recipient. 17,850
(F) "Contributor" means any person who has an account in 17,852
the employees' savings fund. 17,853
(G) "Retirant" means any former member who retired and is 17,855
receiving a service retirement allowance or commuted service 17,856
retirement allowance as provided in this chapter. 17,857
(H) "Beneficiary" or "beneficiaries" means the estate or a 17,859
person or persons who, as the result of the death of a 17,860
contributor or retirant, qualifies for or is receiving some right 17,861
or benefit under this chapter. 17,862
(I) "Interest," as specified in division (E) of section 17,864
3309.60 of the Revised Code, means interest at the rates for the 17,866
respective funds and accounts as the school employees retirement 17,867
board may determine from time to time, except as follows: 17,868
(1) The rate of interest credited on employee 17,870
contributions at retirement shall be four per cent per annum, 17,871
compounded annually, to and including June 30, 1955; three per 17,872
cent per annum, compounded annually, from July 1, 1955, to and 17,873
402
including June 30, 1963; three and one-quarter per cent per 17,874
annum, compounded annually, from July 1, 1963, through June 30, 17,876
1966; and thereafter, four per cent per annum compounded annually 17,877
until a change in the amount is recommended by the system's 17,878
actuary and approved by the retirement board. Subsequent to June 17,880
30, 1959, the retirement board shall discontinue the annual 17,881
crediting of current interest on a contributor's accumulated 17,882
contributions. Noncrediting of current interest shall not affect 17,884
the rate of interest at retirement guaranteed under this 17,885
division.
(2) In determining the reserve value for purposes of 17,887
computing the amount of the contributor's annuity, the rate of 17,888
interest used in the annuity values shall be four per cent per 17,889
annum through September 30, 1956; three per cent per annum 17,890
compounded annually from October 1, 1956, through June 30, 1963; 17,891
three and one-quarter per cent per annum compounded annually from 17,893
July 1, 1963, through June 30, 1966; and, thereafter, four per
cent per annum compounded annually until a change in the amount 17,895
is recommended by the system's actuary and approved by the 17,897
retirement board. In the purchase of out-of-state service credit 17,898
as provided in section 3309.31 of the Revised Code, and in the 17,899
purchase of an additional annuity, as provided in section 3309.47 17,900
of the Revised Code, interest shall be computed and credited to 17,901
reserves therefor at the rate the school employees retirement 17,903
board shall fix as regular interest thereon.
(J) "Accumulated contributions" means the sum of all 17,905
amounts credited to a contributor's account in the employees' 17,906
savings fund together with any regular interest credited thereon 17,907
at the rates approved by the retirement board prior to 17,908
retirement. 17,909
(K) "Final average salary" means the sum of the annual 17,911
compensation for the three highest years of compensation for 17,912
which contributions were made by the member, divided by three. If 17,914
the member has a partial year of contributing service in the year 17,915
403
in which the member terminates employment and the partial year is 17,917
at a rate of compensation that is higher than the rate of
compensation for any one of the highest three years of annual 17,918
earnings, the board shall substitute the compensation earned for 17,919
the partial year for the compensation earned for a similar 17,920
fractional portion in the lowest of the three high years of 17,921
annual compensation before dividing by three. If a member has 17,922
less than three years of contributing membership, the final 17,923
average salary shall be the total compensation divided by the 17,924
total number of years, including any fraction of a year, of 17,925
contributing service. 17,926
(L) "Annuity" means payments for life derived from 17,928
contributions made by a contributor and paid from the annuity and 17,929
pension reserve fund as provided in this chapter. All annuities 17,930
shall be paid in twelve equal monthly installments. 17,931
(M)(1) "Pension" means annual payments for life derived 17,933
from appropriations made by an employer and paid from the 17,934
employers' trust fund or the annuity and pension reserve fund. 17,935
All pensions shall be paid in twelve equal monthly installments. 17,936
(2) "Disability retirement" means retirement as provided 17,938
in section 3309.40 of the Revised Code. 17,939
(N) "Retirement allowance" means the pension plus the 17,941
annuity. 17,942
(O)(1) "Benefit" means a payment, other than a retirement 17,944
allowance or the annuity paid under section 3309.341 of the 17,945
Revised Code, payable from the accumulated contributions of the 17,946
member or the employer, or both, under this chapter and includes 17,947
a disability allowance or disability benefit. 17,948
(2) "Disability allowance" means an allowance paid on 17,950
account of disability under section 3309.401 of the Revised Code. 17,951
(3) "Disability benefit" means a benefit paid as 17,953
disability retirement under section 3309.40 of the Revised Code, 17,954
as a disability allowance under section 3309.401 of the Revised 17,955
Code, or as a disability benefit under section 3309.35 of the 17,956
404
Revised Code. 17,957
(P) "Annuity reserve" means the present value, computed 17,959
upon the basis of mortality tables adopted by the school 17,961
employees retirement board, of all payments to be made on account 17,962
of any annuity, or benefit in lieu of any annuity, granted to a 17,963
retirant.
(Q) "Pension reserve" means the present value, computed 17,965
upon the basis of mortality tables adopted by the school 17,967
employees retirement board, of all payments to be made on account 17,968
of any pension, or benefit in lieu of any pension, granted to a 17,969
retirant or a beneficiary.
(R) "Year" means the year beginning the first day of July 17,971
and ending with the thirtieth day of June next following. 17,972
(S) "Local district pension system" means any school 17,974
employees' pension fund created in any school district of the 17,975
state prior to September 1, 1937. 17,976
(T) "Employer contribution" means the amount paid by an 17,978
employer as determined by the employer rate, contributions, and 17,979
funds as provided in this chapter, and shall be credited to the 17,980
employers' trust fund. 17,981
(U) "Fiduciary" means a person who does any of the 17,983
following: 17,984
(1) Exercises any discretionary authority or control with 17,986
respect to the management of the system, or with respect to the 17,987
management or disposition of its assets; 17,988
(2) Renders investment advice for a fee, direct or 17,990
indirect, with respect to money or property of the system; 17,991
(3) Has any discretionary authority or responsibility in 17,993
the administration of the system. 17,994
(V)(1) Except as otherwise provided in this division, 17,996
"compensation" means all salary, wages, and other earnings paid 17,997
to a contributor by reason of employment. The salary, wages, and 18,000
other earnings shall be determined prior to determination of the 18,001
amount required to be contributed to the employees' savings fund 18,002
405
under section 3309.47 of the Revised Code and without regard to 18,003
whether any of the salary, wages, or other earnings are treated 18,005
as deferred income for federal income tax purposes. 18,006
(2) Compensation does not include any of the following: 18,008
(a) Payments for accrued but unused sick leave or personal 18,010
leave, including payments made under a plan established pursuant 18,011
to section 124.39 of the Revised Code or any other plan 18,012
established by the employer; 18,013
(b) Payments made for accrued but unused vacation leave, 18,015
including payments made pursuant to section 124.13 of the Revised 18,016
Code or a plan established by the employer; 18,017
(c) Payments made for vacation pay covering concurrent 18,019
periods for which other salary or compensation is also paid or 18,020
during which benefits are paid under this chapter; 18,021
(d) Amounts paid by the employer to provide life 18,023
insurance, sickness, accident, endowment, health, medical, 18,024
hospital, dental, or surgical coverage, or other insurance for 18,025
the contributor or the contributor's family, or amounts paid by 18,027
the employer to the contributor in lieu of providing the
insurance; 18,028
(e) Incidental benefits, including lodging, food, laundry, 18,030
parking, or services furnished by the employer, use of the 18,031
employer's property or equipment, and reimbursement for 18,032
job-related expenses authorized by the employer, including moving 18,033
and travel expenses and expenses related to professional 18,034
development; 18,035
(f) Payments made to or on behalf of a contributor that 18,037
are in excess of the annual compensation that may be taken into 18,038
account by the retirement system under division (a)(17) of 18,039
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 18,040
2085, 26 U.S.C.A. 401(a)(17), as amended. For a contributor who 18,041
first establishes membership before July 1, 1996, the annual 18,042
compensation that may be taken into account by the retirement 18,043
system shall be determined under division (d)(3) of section 13212 18,044
406
of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. 18,046
103-66, 107 Stat. 472;
(g) Payments made under division (B) or (D) of section 18,048
5923.05 of the Revised Code or Section 4 of Substitute Senate 18,050
Bill No. 3 of the 119th general assembly; 18,051
(h) Anything of value received by the contributor that is 18,053
based on or attributable to retirement or an agreement to retire, 18,054
except that payments made on or before January 1, 1989, that are 18,055
based on or attributable to an agreement to retire shall be 18,056
included in compensation if both of the following apply: 18,057
(i) The payments are made in accordance with contract 18,059
provisions that were in effect prior to January 1, 1986. 18,060
(ii) The employer pays the retirement system an amount 18,062
specified by the retirement board equal to the additional 18,063
liability from the payments. 18,064
(3) The retirement board shall determine by rule whether 18,066
any form of earnings not enumerated in this division is to be 18,067
included in compensation, and its decision shall be final. 18,068
(W) "Disability benefit recipient" means a member who is 18,070
receiving a disability benefit. 18,071
(X) "Actuary" means an individual who satisfies all of the 18,073
following requirements: 18,074
(1) Is a member of the American academy of actuaries; 18,076
(2) Is an associate or fellow of the society of actuaries; 18,078
(3) Has a minimum of five years' experience in providing 18,080
actuarial services to public retirement plans. 18,081
Sec. 3311.053. (A) The boards of education of up to five 18,090
adjoining educational service centers may, by identical 18,092
resolutions adopted by a majority of the members of each 18,093
governing board within any sixty-day period, combine such 18,094
educational service centers into one educational service center. 18,095
The resolutions shall state the name of the new center, which may 18,097
be styled as a "joint educational service center." The
resolutions shall also indicate whether the governing board of 18,099
407
the new educational service center is to be formed in accordance 18,100
with division (B) of this section or, in accordance with DIVISION 18,103
(A) OF section 3311.054 of the Revised Code, OR IN ACCORDANCE 18,104
WITH SECTION 3311.057 OF THE REVISED CODE.
A copy of each resolution shall be filed with the state 18,106
board of education. The new educational service center shall be 18,107
created and the governing boards of the participating educational 18,109
service centers shall be dissolved and a new governing board 18,110
established thirty days after the date on which the last 18,111
resolution was filed with the state board.
(B) The initial members of a new governing board 18,113
established in accordance with this division shall be appointed 18,114
as follows: 18,115
(1) If two educational service centers combine, each 18,117
center's governing board, prior to its dissolution, shall appoint 18,118
two members to the new governing board and the four members so 18,119
selected shall select a fifth member within ten days of the date 18,120
on which the last of the four members is appointed. 18,121
(2) If three educational service centers combine, each 18,123
center's governing board, prior to its dissolution, shall appoint 18,124
one member to the new governing board and the three members so 18,125
selected shall select the remaining two members of the governing 18,126
board within ten days of the date on which the last of the three 18,127
members is appointed.
(3) If four educational service centers combine, each 18,129
center's governing board, prior to its dissolution, shall appoint 18,130
one member to the new governing board and the four members so 18,131
selected shall select the remaining member of the governing board 18,132
within ten days of the date on which the last of the four members 18,133
is appointed.
(4) If five educational service centers combine, each 18,135
center's governing board, prior to its dissolution, shall appoint 18,136
one member to the new governing board. 18,137
If the members appointed to a new governing board by the 18,139
408
governing boards of the combining educational service centers are 18,140
unable to agree on the selection of the remaining members of the 18,142
new governing board within ten days, the probate judge of the 18,143
county in which the greatest number of pupils under the 18,144
supervision of the new educational service center reside shall 18,145
appoint the remaining members.
Electors of the new educational service center shall elect 18,147
a new governing board at the next general election occurring in 18,148
an odd-numbered year and more than seventy-five days after the 18,149
date of the appointment of the last member to the initial 18,150
governing board. Members shall serve for the duration of the 18,151
term to which they are elected or until their successors are 18,152
elected and qualified. At such election, two members shall be 18,153
elected to terms of two years and three members shall be elected 18,154
to terms of four years. Thereafter, their successors shall be 18,155
elected in the same manner and for the same terms as members of 18,156
governing boards of all educational service centers. Each 18,157
candidate for election as a member of the educational service 18,158
center governing board shall file a nominating petition in 18,159
accordance with section 3513.255 of the Revised Code.
(C) The funds of each former educational service center 18,161
shall be paid over in full to the governing board of the new 18,162
educational service center, and the legal title to all property 18,163
of the former governing boards shall become vested in the new 18,164
governing board.
The governing board of an educational service center 18,166
created under this section shall honor all contracts made by the 18,168
former governing boards.
Sec. 3311.056. After at least one election of board 18,178
members has occurred under division (B) of section 3313.053 or, 18,179
division (C) of section 3311.054, OR SECTION 3311.057 of the 18,180
Revised Code, the elected governing board members of an 18,182
educational service center created under division (A) of section 18,183
3311.053 of the Revised Code may by resolution adopt a plan for 18,185
409
adding appointed members to that governing board. A plan may 18,186
provide for adding to the board a number of appointed members 18,187
that is up to one less than the number of elected members on the
board except that the total number of elected and appointed board 18,188
members shall be an odd number. A plan shall provide for the 18,190
terms of the appointed board members. The appointed board 18,192
members in each plan shall be appointed by a majority vote of the 18,193
full number of elected members on the board and vacancies shall
be filled as provided in the plan. Each plan shall specify the 18,194
qualifications for the appointed board members of an educational 18,196
service center and shall at least require appointed board members 18,197
to be electors residing in the service center. 18,198
A governing board adopting a plan under this section shall 18,200
submit the plan to the state board of education for approval. 18,201
The state board may approve or disapprove a plan or make 18,203
recommendations for modifications in a plan. A plan shall take 18,204
effect thirty days after approval by the state board and, when 18,205
effective, appointments to the board shall be made in accordance
with the plan. 18,207
The elected members of the governing board of an 18,209
educational service center with a plan in effect under this 18,210
section may adopt, by unanimous vote of all the elected members, 18,211
a resolution to revise or rescind the plan in effect under this 18,212
section. All revisions shall comply with the requirements in 18,214
this section for appointed board members. A resolution revising 18,215
or rescinding a plan shall specify the dates and manner in which 18,216
the revision or rescission is to take place. The revision or 18,217
rescission of a plan shall be submitted to the state board of 18,218
education for approval. The state board may approve or 18,219
disapprove a revision or rescission of a plan or make
recommendations for modifications. Upon approval of a revision 18,220
or rescission by the state board, the revised plan or rescission 18,221
of the plan shall go into effect as provided in the revision or 18,222
rescission. 18,223
410
Sec. 3311.057. (A) ANY EDUCATIONAL SERVICE CENTER THAT IS 18,226
FORMED BY MERGING TWO OR MORE EDUCATIONAL SERVICE CENTERS OR 18,227
FORMER COUNTY SCHOOL DISTRICTS AFTER JULY 1, 1995, BUT PRIOR TO 18,229
JULY 1, 1999, MAY DETERMINE THE NUMBER OF MEMBERS OF ITS BOARD OF 18,230
EDUCATION AND WHETHER THE MEMBERS ARE TO BE ELECTED AT LARGE OR 18,231
BY SUBDISTRICT, PROVIDED EACH BOARD SHALL HAVE AN ODD NUMBER OF 18,232
MEMBERS.
(B) IF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN DIVISION 18,235
(A) OF THIS SECTION IS FORMED ON OR AFTER THE EFFECTIVE DATE OF 18,237
THIS SECTION, THE BOARD OF EDUCATION OF EACH SERVICE CENTER THAT 18,238
IS MERGING TO FORM THE NEW SERVICE CENTER SHALL INCLUDE IDENTICAL 18,239
PROVISIONS FOR ELECTING THE NEW SERVICE CENTER'S BOARD IN ITS 18,240
RESOLUTION ADOPTED PURSUANT TO DIVISION (A) OF SECTION 3311.053 18,242
OF THE REVISED CODE. IF THERE IS ANY TRANSITION PERIOD BETWEEN 18,243
THE EFFECTIVE DATE OF THE MERGER OF THE SERVICE CENTERS AND THE 18,244
ASSUMPTION OF CONTROL OF THE NEW SERVICE CENTER BY THE NEW BOARD, 18,245
THE RESOLUTIONS SHALL INCLUDE PROVISIONS FOR AN INTERIM GOVERNING 18,246
BOARD WHICH SHALL BE APPOINTED TO GOVERN THE SERVICE CENTER UNTIL 18,247
THE TIME THE NEW BOARD IS ELECTED AND ASSUMES CONTROL OF THE 18,248
SERVICE CENTER.
(C) IF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN DIVISION 18,251
(A) OF THIS SECTION WAS FORMED PRIOR TO THE EFFECTIVE DATE OF 18,253
THIS SECTION, THE GOVERNING BOARD OF THE SERVICE CENTER MAY ADOPT 18,254
AT ANY TIME PRIOR TO JULY 1, 1999, A RESOLUTION SETTING FORTH 18,256
PROVISIONS FOR CHANGING THE NUMBER OF MEMBERS AND THE MANNER OF 18,257
ELECTING ITS BOARD AND PROVISIONS FOR ANY TRANSITIONAL PERIOD 18,258
BETWEEN THE ABOLITION OF THE EXISTING BOARD AND THE ASSUMPTION OF 18,259
CONTROL BY THE NEW BOARD.
(D) ANY PROVISIONS FOR ELECTING A GOVERNING BOARD ADOPTED 18,262
PURSUANT TO DIVISION (B) OR (C) OF THIS SECTION MAY PROVIDE FOR 18,265
THE ELECTION OF MEMBERS AT LARGE, MAY PROVIDE FOR THE
ESTABLISHMENT OF SUBDISTRICTS WITHIN THE DISTRICT, OR MAY REQUIRE 18,267
SOME MEMBERS TO BE ELECTED AT LARGE AND SOME TO BE ELECTED FROM 18,268
SUBDISTRICTS. IF SUBDISTRICTS ARE INCLUDED, THE RESOLUTIONS 18,269
411
SHALL SPECIFY THE MANNER IN WHICH THEIR BOUNDARIES ARE TO BE 18,270
DRAWN. THE PROVISIONS SHALL ATTEMPT TO ENSURE THAT EACH ELECTED 18,271
MEMBER OF THE BOARD REPRESENTS AN EQUAL NUMBER OF RESIDENTS OF 18,272
THE SERVICE CENTER. TO ACCOMPLISH THIS, ANY SUBDISTRICT 18,273
CONTAINING A MULTIPLE OF THE NUMBER OF ELECTORS IN ANOTHER 18,274
SUBDISTRICT, MAY ELECT AT-LARGE WITHIN THAT SUBDISTRICT, A NUMBER 18,275
OF BOARD MEMBERS EQUAL TO THE MULTIPLE THAT ITS POPULATION IS OF 18,276
THE POPULATION OF THE OTHER SUBDISTRICT. 18,277
(E) THE PROVISIONS FOR SELECTING BOARD MEMBERS SET FORTH 18,280
IN THE LATEST RESOLUTION ADOPTED PURSUANT TO DIVISION (B) OR (C) 18,283
OF THIS SECTION PRIOR TO JULY 1, 1999, SHALL REMAIN THE METHOD OF 18,285
ELECTING SCHOOL BOARD MEMBERS WITHIN THAT EDUCATIONAL SERVICE 18,286
CENTER.
Sec. 3313.172. The board of education of any city, 18,295
exempted village, local, or joint vocational school district and 18,296
the governing board of any educational service center may expend 18,297
funds to obtain one or more motor vehicles, as defined in section 18,298
4501.01 of the Revised Code, by purchase or, lease, OR 18,299
LEASE-PURCHASE. Except as provided in section 3327.14 of the 18,301
Revised Code, any motor vehicle so obtained shall be used solely
for school purposes. 18,302
Sec. 3313.372. (A) As used in this section, "energy 18,311
conservation measure" means an installation or modification of an 18,312
installation in, or remodeling of, a building, to reduce energy 18,313
consumption. It includes: 18,314
(1) Insulation of the building structure and systems 18,316
within the building; 18,317
(2) Storm windows and doors, multiglazed windows and 18,319
doors, heat absorbing or heat reflective glazed and coated window 18,320
and door systems, additional glazing, reductions in glass area, 18,321
and other window and door system modifications that reduce energy 18,322
consumption; 18,323
(3) Automatic energy control systems; 18,325
(4) Heating, ventilating, or air conditioning system 18,327
412
modifications or replacements; 18,328
(5) Caulking and weatherstripping; 18,330
(6) Replacement or modification of lighting fixtures to 18,332
increase the energy efficiency of the system without increasing 18,333
the overall illumination of a facility, unless such increase in 18,334
illumination is necessary to conform to the applicable state or 18,335
local building code for the proposed lighting system; 18,336
(7) Energy recovery systems; 18,338
(8) Cogeneration systems that produce steam or forms of 18,340
energy such as heat, as well as electricity, for use primarily 18,341
within a building or complex of buildings; 18,342
(9) Any other modification, installation, or remodeling 18,344
approved by the department of education as an energy conservation 18,345
measure. 18,346
(B) A board of education of a city, exempted village, 18,348
local, or joint vocational school district may enter into an 18,349
installment payment contract for the purchase and installation of 18,350
energy conservation measures. The provisions of such installment 18,351
payment contracts dealing with interest charges and financing 18,352
terms shall not be subject to the competitive bidding 18,353
requirements of section 3313.46 of the Revised Code, and shall be 18,354
on the following terms: 18,355
(1) Not less than one-tenth ONE-FIFTEENTH of the costs 18,357
thereof shall be paid within two years from the date of purchase. 18,359
(2) The remaining balance of the costs thereof shall be 18,361
paid within ten FIFTEEN years from the date of purchase. 18,362
An installment payment contract entered into by a board of 18,365
education under this section shall require the board to contract 18,366
in accordance with division (A) of section 3313.46 of the Revised
Code for the installation, modification, or remodeling of energy 18,368
conservation measures unless division (A) of section 3313.46 of 18,369
the Revised Code does not apply pursuant to division (B)(3) of 18,370
that section.
(C) The board may issue the notes of the school district 18,372
413
signed by the president and the treasurer of the board and 18,373
specifying the terms of the purchase and securing the deferred 18,374
payments provided in this section, payable at the times provided 18,375
and bearing interest at a rate not exceeding the rate determined 18,376
as provided in section 9.95 of the Revised Code. The notes may 18,377
contain an option for prepayment and shall not be subject to 18,378
Chapter 133. of the Revised Code. In the resolution authorizing 18,379
the notes, the board may provide, without the vote of the 18,380
electors of the district, for annually levying and collecting 18,381
taxes in amounts sufficient to pay the interest on and retire the 18,382
notes, except that the total net indebtedness of the district 18,383
without a vote of the electors incurred under this and all other 18,384
sections of the Revised Code shall not exceed one per cent of the
district's tax valuation. Revenues derived from local taxes or 18,386
otherwise, for the purpose of conserving energy or for defraying 18,387
the current operating expenses of the district, may be applied to 18,388
the payment of interest and the retirement of such notes. The 18,389
notes may be sold at private sale or given to the contractor 18,390
under the installment payment contract authorized by division (B) 18,391
of this section.
(D) Debt incurred under this section shall not be included 18,393
in the calculation of the net indebtedness of a school district 18,394
under section 133.06 of the Revised Code. 18,395
(E) No school district board shall enter into an 18,397
installment payment contract under division (B) of this section 18,398
unless it first obtains a report of the costs of the energy 18,399
conservation measures and the savings thereof as described under 18,400
division (G) of section 133.06 of the Revised Code as a 18,401
requirement for issuing energy securities, makes a finding that 18,402
the amount spent on such measures is not likely to exceed the 18,403
amount of money it would save in energy costs and resultant 18,404
operational and maintenance costs as described in that division, 18,405
EXCEPT THAT THAT FINDING SHALL COVER THE ENSUING FIFTEEN YEARS, 18,406
and the department of education determines that the district 18,407
414
board's findings are reasonable and approves the contract as 18,408
described in that division. 18,409
The district board shall monitor the savings and maintain a 18,411
report of those savings, which shall be available to the 18,412
department in the same manner as required by division (G) of 18,413
section 133.06 of the Revised Code in the case of energy 18,414
securities.
Sec. 3313.535. (A) AS USED IN THIS SECTION, 18,416
"INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY" MEANS A PUPIL ACTIVITY 18,418
PROGRAM THAT A SCHOOL OR SCHOOL DISTRICT SPONSORS OR PARTICIPATES 18,419
IN AND THAT INCLUDES PARTICIPANTS FROM MORE THAN ONE SCHOOL OR 18,420
SCHOOL DISTRICT. "INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY" DOES 18,421
NOT INCLUDE ANY ACTIVITY INCLUDED IN THE SCHOOL DISTRICT'S GRADED 18,422
COURSE OF STUDY.
(B) NOT LATER THAN JULY 1, 1998, THE BOARD OF EDUCATION OF 18,425
EACH CITY, LOCAL, EXEMPTED VILLAGE, AND JOINT VOCATIONAL SCHOOL 18,426
DISTRICT SHALL ADOPT RULES REQUIRING STUDENTS IN GRADES SEVEN TO 18,427
TWELVE TO ATTAIN A MINIMUM GRADE POINT AVERAGE, TO BE ESTABLISHED 18,428
BY THE BOARD, AS A CONDITION FOR SUCH STUDENTS TO PARTICIPATE IN 18,429
INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES. 18,430
(C) NOT LATER THAN JULY 1, 1998, THE BOARD OF EDUCATION 18,432
SHALL ADOPT A POLICY EITHER PROHIBITING ANY STUDENT FROM 18,434
PARTICIPATING IN ANY INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY, OR 18,435
ALLOWING ANY STUDENT TO SO PARTICIPATE, IF THE STUDENT HAS 18,436
RECEIVED A FAILING GRADE FOR ANY CLASS OR COURSE IN THE SCHOOL 18,437
DISTRICT'S GRADED COURSE OF STUDY FOR THE PREVIOUS GRADING 18,438
PERIOD.
(D) A BOARD ALSO MAY ADOPT RULES THAT INCLUDE ADDITIONAL 18,441
STANDARDS FOR DETERMINING THE ELIGIBILITY OF STUDENTS TO 18,442
PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES,
REQUIREMENTS FOR ATTAINING REELIGIBILITY IN INTERSCHOLASTIC 18,443
EXTRACURRICULAR ACTIVITIES, AND AN EXEMPTION FOR ANY STUDENT 18,444
WHOSE INDIVIDUALIZED EDUCATION PROGRAM PREPARED PURSUANT TO 18,445
SECTION 3323.08 OF THE REVISED CODE INDICATES AN EXEMPTION WOULD 18,447
415
BE ADVISABLE.
Sec. 3313.613. NOTWITHSTANDING ANY OTHER SECTION OF THE 18,450
REVISED CODE, THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED 18,451
VILLAGE, OR LOCAL SCHOOL DISTRICT THAT OPERATES A HIGH SCHOOL 18,452
SHALL AWARD HIGH SCHOOL CREDIT FOR A COURSE SUCCESSFULLY 18,454
COMPLETED OUTSIDE OF REGULAR SCHOOL HOURS BY A STUDENT AT AN 18,455
ACCREDITED POST-SECONDARY INSTITUTION. SUCH COURSE MAY EITHER BE 18,456
FREE OF CHARGE OR PAID FOR BY THE PARENT, GUARDIAN, OR CUSTODIAN 18,457
OF THE STUDENT. HIGH SCHOOL CREDIT AWARDED FOR A COURSE 18,458
SUCCESSFULLY COMPLETED UNDER THIS SECTION SHALL COUNT TOWARD THE 18,460
GRADUATION REQUIREMENTS AND SUBJECT AREA REQUIREMENTS OF THE 18,461
SCHOOL DISTRICT. IF A COURSE COMPARABLE TO THE COURSE 18,462
SUCCESSFULLY COMPLETED UNDER THIS SECTION IS OFFERED BY THE 18,463
SCHOOL DISTRICT, THE DISTRICT BOARD SHALL AWARD COMPARABLE CREDIT 18,464
FOR THE COMPLETED EQUIVALENT COURSE. IF NO COMPARABLE COURSE IS 18,465
OFFERED BY THE SCHOOL DISTRICT, THE DISTRICT BOARD SHALL GRANT TO 18,466
THE STUDENT AN APPROPRIATE NUMBER OF CREDITS IN A SIMILAR SUBJECT 18,468
AREA.
Sec. 3313.844. THE GOVERNING AUTHORITY OF A COMMUNITY 18,470
SCHOOL ESTABLISHED UNDER CHAPTER 3314. OF THE REVISED CODE AND 18,471
THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER MAY ENTER 18,473
INTO AN AGREEMENT, THROUGH ADOPTION OF IDENTICAL RESOLUTIONS, 18,474
UNDER WHICH THE SERVICE CENTER BOARD WILL PROVIDE SERVICES TO THE 18,475
COMMUNITY SCHOOL. SERVICES PROVIDED UNDER THE AGREEMENT AND THE 18,476
AMOUNT AND MANNER IN WHICH THE COMMUNITY SCHOOL BOARD WILL PAY 18,477
FOR SUCH SERVICES SHALL BE MUTUALLY AGREED TO BY THE SCHOOL'S
GOVERNING BOARD AND THE SERVICE CENTER BOARD, AND SHALL BE 18,478
SPECIFIED IN THE SERVICE AGREEMENT. 18,479
Sec. 3313.871. (A) By a majority vote of its members, a 18,481
board of education may appropriate from the general fund an 18,482
amount sufficient to pay annual membership dues and service fees 18,483
to one or more accrediting associations that have the purpose of 18,484
improving education. Such annual membership dues and service 18,485
fees shall not exceed in the aggregate four FIVE hundred dollars 18,487
416
per public school evaluated for accreditation in the district. 18,488
(B) In addition to the expenditures authorized under 18,490
division (A) of this section, a board of education may pay the 18,491
necessary and proper expenses associated with accreditation 18,492
activities and school evaluations. A board of education may pay 18,493
an employee his THE EMPLOYEE'S regular salary during his THE 18,494
EMPLOYEE'S service as an evaluator of a school in another school 18,495
district.
Sec. 3313.975. (A) AS USED IN THIS SECTION AND IN 18,504
SECTIONS 3313.975 TO 3313.979 OF THE REVISED CODE, "THE PILOT 18,505
PROJECT SCHOOL DISTRICT" OR "THE DISTRICT" MEANS ANY SCHOOL 18,506
DISTRICT INCLUDED IN THE PILOT PROJECT SCHOLARSHIP PROGRAM 18,507
PURSUANT TO THIS SECTION.
(A) The superintendent of public instruction shall 18,510
establish a pilot project scholarship program in one AND SHALL 18,512
INCLUDE IN SUCH PROGRAM ANY school district DISTRICTS that, as of 18,514
March 1995, was ARE OR HAVE EVER BEEN under a federal court order 18,516
requiring supervision and operational management of the district 18,518
by the state superintendent. The program shall provide for a 18,519
number of students residing in ANY such district to receive 18,520
scholarships to attend alternative schools, and for an equal 18,521
number of students to receive tutorial assistance grants while 18,522
attending public school in ANY such district. 18,523
(B) The state superintendent shall establish an 18,525
application process and deadline for accepting applications from 18,527
students residing in the district to participate in the 18,528
scholarship program. In the initial year of the program students 18,529
may only use a scholarship to attend school in grades 18,530
kindergarten through third.
The state superintendent shall award as many scholarships 18,532
and tutorial assistance grants as can be funded given the amount 18,533
appropriated for the program. In no case, however, shall more 18,534
than fifty per cent of all scholarships awarded be used by 18,535
students who were enrolled in a nonpublic school during the 18,536
417
school year of application for a scholarship. 18,537
(C)(1) The pilot project program shall continue in effect 18,541
each year that the general assembly has appropriated sufficient 18,542
money to fund scholarships and tutorial assistance grants. In 18,543
each year the program continues, no new students may receive 18,544
scholarships unless they are enrolled in grade kindergarten, one, 18,545
two, or three. However, any student who has received a 18,546
scholarship the preceding year may continue to receive one until 18,547
he THE STUDENT has completed grade eight.
(2) If the general assembly discontinues the scholarship 18,549
program, all students who are attending an alternative school 18,550
under the pilot project shall be entitled to continued admittance 18,552
to that specific school through all grades up to the eighth grade 18,553
that are provided in such school, under the same conditions as 18,556
when they were participating in the pilot project. The state 18,557
superintendent shall continue to make scholarship payments in
accordance with division (A) or (B) of section 3313.979 of the 18,559
Revised Code for students who remain enrolled in an alternative 18,561
school under this provision in any year that funds have been 18,563
appropriated for this purpose.
If funds are not appropriated, the tuition charged to the 18,565
parents of a student who remains enrolled in an alternative 18,568
school under this provision shall not be increased beyond the 18,569
amount equal to the amount of the scholarship plus any additional 18,571
amount charged that student's parent in the most recent year of 18,572
attendance as a participant in the pilot project, except that 18,573
tuition for all the students enrolled in such school may be 18,574
increased by the same percentage. 18,575
(D) Notwithstanding sections 124.39, 3307.35, and 3319.17 18,578
of the Revised Code, if the pilot project school district 18,579
experiences a decrease in enrollment due to participation in a 18,580
state-sponsored scholarship program pursuant to sections 3313.974 18,581
to 3313.979 of the Revised Code, the district board of education 18,583
may enter into an agreement with any teacher it employs to 18,585
418
provide to that teacher severance pay or early retirement 18,586
incentives, or both, if the teacher agrees to terminate the 18,587
employment contract with the district board, provided any 18,588
collective bargaining agreement in force pursuant to Chapter 18,589
4117. of the Revised Code does not prohibit such an agreement for 18,592
termination of a teacher's employment contract.
(E) The state superintendent shall make a grant to the 18,594
pilot project school district sufficient to defray one hundred 18,596
per cent of the additional costs to the district of providing 18,598
transportation to and from the alternative school for all 18,600
students utilizing a scholarship to attend an alternative school. 18,601
Sec. 3314.01. (A) A BOARD OF EDUCATION MAY PERMIT ALL OR 18,603
PART OF ANY OF THE SCHOOLS UNDER ITS CONTROL, UPON REQUEST OF A 18,604
PROPOSING PERSON OR GROUP AND PROVIDED THE PERSON OR GROUP MEETS 18,606
THE REQUIREMENTS OF THIS CHAPTER, TO BECOME A COMMUNITY SCHOOL. 18,607
(B) A COMMUNITY SCHOOL CREATED UNDER THIS CHAPTER IS A 18,610
PUBLIC SCHOOL, INDEPENDENT OF ANY SCHOOL DISTRICT, AND IS PART OF 18,611
THE STATE'S PROGRAM OF EDUCATION. A COMMUNITY SCHOOL MAY SUE AND 18,612
BE SUED, ACQUIRE FACILITIES AS NEEDED, CONTRACT FOR ANY SERVICES 18,613
NECESSARY FOR THE OPERATION OF THE SCHOOL, AND ENTER INTO 18,614
CONTRACTS WITH A SPONSOR PURSUANT TO THIS CHAPTER. THE GOVERNING 18,616
AUTHORITY OF A COMMUNITY SCHOOL MAY CARRY OUT ANY ACT AND ENSURE 18,617
THE PERFORMANCE OF ANY FUNCTION THAT IS IN COMPLIANCE WITH THE 18,618
OHIO CONSTITUTION, THIS CHAPTER, OTHER STATUTES APPLICABLE TO 18,619
COMMUNITY SCHOOLS, AND THE CONTRACT ENTERED INTO UNDER THIS 18,622
CHAPTER ESTABLISHING THE SCHOOL.
Sec. 3314.02. (A) AS USED IN THIS CHAPTER, "SPONSOR" 18,624
MEANS THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH A 18,626
PROPOSED COMMUNITY SCHOOL IS LOCATED AND WITH WHICH THE GOVERNING
AUTHORITY OF THE PROPOSED COMMUNITY SCHOOL ENTERS INTO A CONTRACT 18,628
PURSUANT TO THIS SECTION.
(B) PRIOR TO JULY 1, 2002, ANY PERSON OR GROUP OF 18,630
INDIVIDUALS MAY INITIALLY PROPOSE UNDER THIS DIVISION THE 18,632
CONVERSION OF ALL OR A PORTION OF A PUBLIC SCHOOL TO A COMMUNITY
419
SCHOOL. THE PROPOSAL SHALL BE MADE TO THE BOARD OF EDUCATION OF 18,633
A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH THE 18,636
PUBLIC SCHOOL IS PROPOSED TO BE CONVERTED. UPON RECEIPT OF A
PROPOSAL, A BOARD MAY ENTER INTO A PRELIMINARY AGREEMENT WITH THE 18,639
PERSON OR GROUP PROPOSING THE CONVERSION OF THE PUBLIC SCHOOL, 18,641
INDICATING THE INTENTION OF THE BOARD OF EDUCATION TO SUPPORT THE 18,642
CONVERSION TO A COMMUNITY SCHOOL. A PROPOSING PERSON OR GROUP
THAT HAS A PRELIMINARY AGREEMENT UNDER THIS DIVISION MAY PROCEED 18,645
TO FINALIZE PLANS FOR THE SCHOOL, ESTABLISH A GOVERNING AUTHORITY 18,646
FOR THE SCHOOL, AND NEGOTIATE A CONTRACT WITH THE BOARD OF 18,647
EDUCATION. PROVIDED THE PROPOSING PERSON OR GROUP ADHERES TO THE
PRELIMINARY AGREEMENT AND ALL PROVISIONS OF THIS CHAPTER, THE 18,648
BOARD OF EDUCATION SHALL NEGOTIATE IN GOOD FAITH TO ENTER INTO A 18,649
CONTRACT IN ACCORDANCE WITH SECTION 3314.03 OF THE REVISED CODE 18,650
AND DIVISION (C) OF THIS SECTION.
(C) A MAJORITY VOTE OF A SPONSORING SCHOOL DISTRICT BOARD 18,652
AND A MAJORITY VOTE OF THE MEMBERS OF THE GOVERNING AUTHORITY OF 18,653
A COMMUNITY SCHOOL SHALL BE REQUIRED TO ADOPT A CONTRACT AND 18,654
CONVERT THE PUBLIC SCHOOL TO A COMMUNITY SCHOOL. AN UNLIMITED 18,655
NUMBER OF COMMUNITY SCHOOLS MAY BE ESTABLISHED IN ANY SCHOOL 18,657
DISTRICT PROVIDED THAT A CONTRACT IS ENTERED INTO FOR EACH 18,659
COMMUNITY SCHOOL PURSUANT TO THIS CHAPTER. 18,660
Sec. 3314.03. (A) EACH CONTRACT ENTERED INTO UNDER 18,662
SECTION 3314.02 OF THE REVISED CODE BETWEEN A SPONSOR AND THE 18,663
GOVERNING AUTHORITY OF A COMMUNITY SCHOOL SHALL SPECIFY THE 18,664
FOLLOWING:
(1) THAT THE SCHOOL SHALL BE ESTABLISHED AS A NONPROFIT 18,666
CORPORATION ESTABLISHED UNDER CHAPTER 1702. OF THE REVISED CODE; 18,668
(2) THE EDUCATION PROGRAM OF THE SCHOOL, INCLUDING THE 18,670
SCHOOL'S MISSION, THE CHARACTERISTICS OF THE STUDENTS THE SCHOOL 18,671
IS EXPECTED TO ATTRACT, THE AGES AND GRADES OF STUDENTS, AND THE 18,672
FOCUS OF THE CURRICULUM; 18,673
(3) THE ACADEMIC GOALS TO BE ACHIEVED AND THE METHOD OF 18,675
MEASUREMENT THAT WILL BE USED TO DETERMINE PROGRESS TOWARD THOSE 18,676
420
GOALS, WHICH SHALL INCLUDE THE STATEWIDE PROFICIENCY TESTS; 18,677
(4) PERFORMANCE STANDARDS BY WHICH THE SUCCESS OF THE 18,679
SCHOOL WILL BE EVALUATED BY THE SPONSOR; 18,680
(5) THE ADMISSION STANDARDS OF SECTION 3314.06 OF THE 18,683
REVISED CODE;
(6) DISMISSAL PROCEDURES; 18,685
(7) THE WAYS BY WHICH THE SCHOOL WILL ACHIEVE RACIAL AND 18,687
ETHNIC BALANCE REFLECTIVE OF THE COMMUNITY IT SERVES; 18,688
(8) REQUIREMENTS AND PROCEDURES FOR PROGRAM AND FINANCIAL 18,690
AUDITS, INCLUDING AUDITS BY THE AUDITOR OF STATE AND THE 18,691
DEPARTMENT OF EDUCATION. THE CONTRACT SHALL REQUIRE FINANCIAL 18,694
RECORDS OF THE SCHOOL TO BE MAINTAINED IN THE SAME MANNER AS ARE
FINANCIAL RECORDS OF SCHOOL DISTRICTS, PURSUANT TO RULES OF THE 18,695
AUDITOR OF STATE. 18,696
(9) THE FACILITY TO BE USED AND ITS LOCATION; 18,698
(10) QUALIFICATIONS OF TEACHERS, INCLUDING A REQUIREMENT 18,700
THAT THE SCHOOL'S CLASSROOM TEACHERS BE LICENSED IN ACCORDANCE 18,701
WITH SECTIONS 3319.22 TO 3319.31 OF THE REVISED CODE, EXCEPT THAT 18,702
A COMMUNITY SCHOOL MAY ENGAGE NONCERTIFICATED PERSONS TO TEACH UP 18,703
TO TWELVE HOURS PER WEEK PURSUANT TO SECTION 3319.301 OF THE 18,704
REVISED CODE;
(11) THAT THE SCHOOL WILL COMPLY WITH THE FOLLOWING 18,706
REQUIREMENTS: 18,707
(a) THE SCHOOL WILL PROVIDE LEARNING OPPORTUNITIES TO A 18,709
MINIMUM OF TWENTY-FIVE STUDENTS FOR A MINIMUM OF NINE HUNDRED 18,711
TWENTY HOURS PER SCHOOL YEAR;
(b) THE GOVERNING AUTHORITY WILL PURCHASE LIABILITY 18,714
INSURANCE, OR OTHERWISE PROVIDE FOR THE POTENTIAL LIABILITY OF 18,715
THE SCHOOL;
(c) THE SCHOOL WILL BE NONSECTARIAN IN ITS PROGRAMS, 18,718
ADMISSION POLICIES, EMPLOYMENT PRACTICES, AND ALL OTHER 18,719
OPERATIONS, AND WILL NOT BE OPERATED BY A SECTARIAN SCHOOL OR 18,720
RELIGIOUS INSTITUTION;
(d) THE SCHOOL WILL COMPLY WITH SECTIONS 9.90, 9.91, 18,722
421
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 18,724
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 18,725
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 18,726
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, AND 18,727
4113.52 AND CHAPTERS 117., 1347., 2744., 4112., 4123., 4141., AND 18,728
4167. OF THE REVISED CODE AS IF IT WERE A SCHOOL DISTRICT; 18,731
(e) THE SCHOOL SHALL COMPLY WITH CHAPTER 102. OF THE 18,734
REVISED CODE EXCEPT THAT NOTHING IN THAT CHAPTER SHALL PROHIBIT A 18,735
MEMBER OF THE SCHOOL'S GOVERNING BOARD FROM ALSO BEING AN 18,736
EMPLOYEE OF THE SCHOOL AND NOTHING IN THAT CHAPTER OR SECTION 18,737
2921.42 OF THE REVISED CODE SHALL PROHIBIT A MEMBER OF THE 18,738
SCHOOL'S GOVERNING BOARD FROM HAVING AN INTEREST IN A CONTRACT 18,739
INTO WHICH THE GOVERNING BOARD ENTERS; 18,740
(f) THE SCHOOL WILL COMPLY WITH SECTIONS 3313.61 AND 18,742
3313.611 OF THE REVISED CODE, EXCEPT THAT THE REQUIREMENT IN 18,745
THOSE SECTIONS THAT A PERSON MUST SUCCESSFULLY COMPLETE THE 18,746
CURRICULUM IN ANY HIGH SCHOOL PRIOR TO RECEIVING A HIGH SCHOOL 18,747
DIPLOMA MAY BE MET BY COMPLETING THE CURRICULUM ADOPTED BY THE
GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL RATHER THAN THE 18,749
CURRICULUM SPECIFIED IN TITLE XXXIII OF THE REVISED CODE OR ANY 18,750
RULES OF THE STATE BOARD OF EDUCATION;
(g) THE SCHOOL GOVERNING AUTHORITY WILL SUBMIT AN ANNUAL 18,752
REPORT OF ITS ACTIVITIES AND PROGRESS IN MEETING THE GOALS AND 18,753
STANDARDS OF DIVISIONS (A)(3) AND (4) OF THIS SECTION AND ITS 18,754
FINANCIAL STATUS TO THE SPONSOR AND TO THE PARENTS OF ALL 18,755
STUDENTS ENROLLED IN THE SCHOOL.
(12) ARRANGEMENTS FOR PROVIDING HEALTH AND OTHER BENEFITS 18,757
TO EMPLOYEES; 18,758
(13) THE LENGTH OF THE CONTRACT, WHICH SHALL NOT EXCEED 18,760
THREE YEARS;
(14) THE GOVERNING AUTHORITY OF THE SCHOOL, WHICH SHALL BE 18,762
RESPONSIBLE FOR CARRYING OUT THE PROVISIONS OF THE CONTRACT; 18,763
(15) A FINANCIAL PLAN DETAILING AN ESTIMATED SCHOOL BUDGET 18,765
FOR EACH YEAR OF THE PERIOD OF THE CONTRACT AND SPECIFYING THE 18,767
422
TOTAL ESTIMATED PER PUPIL EXPENDITURE AMOUNT FOR EACH SUCH YEAR. 18,768
THE PLAN SHALL SPECIFY FOR EACH YEAR THE BASE FORMULA AMOUNT THAT 18,770
WILL BE USED FOR PURPOSES OF FUNDING CALCULATIONS UNDER SECTION
3314.08 OF THE REVISED CODE. THIS BASE FORMULA AMOUNT FOR ANY 18,771
YEAR SHALL NOT EXCEED THE DOLLAR FORMULA AMOUNT SPECIFIED FOR THE 18,772
YEAR UNDER SECTION 3317.022 OF THE REVISED CODE. THE PLAN MAY 18,774
ALSO SPECIFY FOR ANY YEAR A PERCENTAGE FIGURE TO BE USED FOR 18,775
REDUCING THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT AID 18,776
THE SCHOOL IS TO RECEIVE THAT YEAR UNDER SECTION 3314.08 OF THE 18,777
REVISED CODE. 18,778
(16) REQUIREMENTS AND PROCEDURES REGARDING THE DISPOSITION 18,780
OF EMPLOYEES OF THE SCHOOL IN THE EVENT THE CONTRACT IS 18,781
TERMINATED OR NOT RENEWED PURSUANT TO SECTION 3314.07 OF THE 18,782
REVISED CODE; 18,783
(17) SPECIFICATION OF ANY DUTIES OR RESPONSIBILITIES OF AN 18,786
EMPLOYER THAT THE BOARD OF EDUCATION THAT OPERATED THE SCHOOL 18,787
BEFORE CONVERSION IS DELEGATING TO THE GOVERNING BOARD OF THE
COMMUNITY SCHOOL WITH RESPECT TO ALL OR ANY SPECIFIED GROUP OF 18,788
EMPLOYEES PROVIDED THE DELEGATION IS NOT PROHIBITED BY A 18,789
COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO SUCH EMPLOYEES. 18,791
(B) THE COMMUNITY SCHOOL SHALL ALSO SUBMIT TO THE SPONSOR 18,793
A COMPREHENSIVE PLAN FOR THE SCHOOL. THE PLAN SHALL SPECIFY THE 18,795
FOLLOWING:
(1) THE PROCESS BY WHICH THE GOVERNING AUTHORITY OF THE 18,797
SCHOOL WILL BE SELECTED IN THE FUTURE; 18,798
(2) THE MANAGEMENT AND ADMINISTRATION OF THE SCHOOL; 18,800
(3) ALTERNATIVE ARRANGEMENTS FOR CURRENT PUBLIC SCHOOL 18,803
STUDENTS WHO CHOOSE NOT TO ATTEND THE SCHOOL AND TEACHERS WHO 18,804
CHOOSE NOT TO TEACH IN THE SCHOOL AFTER CONVERSION; 18,805
(4) THE INSTRUCTIONAL PROGRAM AND EDUCATIONAL PHILOSOPHY 18,807
OF THE SCHOOL; 18,808
(5) INTERNAL FINANCIAL CONTROLS. 18,810
Sec. 3314.04. EXCEPT AS OTHERWISE SPECIFIED IN THIS 18,813
CHAPTER AND IN THE CONTRACT BETWEEN A COMMUNITY SCHOOL AND A 18,814
423
SPONSOR, SUCH SCHOOL IS EXEMPT FROM ALL STATE LAWS AND RULES 18,815
PERTAINING TO SCHOOLS, SCHOOL DISTRICTS, AND BOARDS OF EDUCATION, 18,816
EXCEPT THOSE LAWS AND RULES THAT GRANT CERTAIN RIGHTS TO PARENTS.
Sec. 3314.05. THE CONTRACT BETWEEN THE COMMUNITY SCHOOL 18,818
AND THE SPONSOR SHALL SPECIFY THE FACILITY TO BE USED FOR THE 18,819
COMMUNITY SCHOOL. ANY FACILITY USED FOR A COMMUNITY SCHOOL SHALL 18,820
MEET ALL HEALTH AND SAFETY STANDARDS ESTABLISHED BY LAW FOR 18,821
SCHOOL BUILDINGS.
IN THE CASE WHERE A COMMUNITY SCHOOL IS PROPOSED TO BE 18,823
LOCATED IN A FACILITY OWNED BY A SCHOOL DISTRICT OR EDUCATIONAL 18,824
SERVICE CENTER, THE FACILITY MAY NOT BE USED FOR SUCH COMMUNITY 18,826
SCHOOL UNLESS THE DISTRICT OR SERVICE CENTER BOARD OWNING THE 18,827
FACILITY ENTERS INTO AN AGREEMENT FOR THE COMMUNITY SCHOOL TO
UTILIZE THE FACILITY. USE OF THE FACILITY MAY BE UNDER ANY TERMS 18,829
AND CONDITIONS AGREED TO BY THE DISTRICT OR SERVICE CENTER BOARD 18,830
AND THE SCHOOL.
Sec. 3314.06. THE GOVERNING AUTHORITY OF EACH COMMUNITY 18,832
SCHOOL ESTABLISHED UNDER THIS CHAPTER SHALL ADOPT ADMISSION 18,833
PROCEDURES THAT SPECIFY THE FOLLOWING: 18,834
(A) THAT EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 18,836
ADMISSION TO THE SCHOOL SHALL BE OPEN ONLY TO ANY INDIVIDUAL AGE 18,838
FIVE TO TWENTY-TWO ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 18,839
3313.64 OR 3313.65 OF THE REVISED CODE IN THE SCHOOL DISTRICT IN 18,840
WHICH THE SCHOOL IS LOCATED OR WHO WAS ENROLLED IN THE CONVERTED
SCHOOL DURING THE SCHOOL YEAR PRECEDING THE YEAR OF ITS 18,841
CONVERSION TO A COMMUNITY SCHOOL. 18,842
(B) THAT ADMISSION TO THE SCHOOL MAY BE LIMITED TO 18,844
STUDENTS WHO HAVE ATTAINED A SPECIFIC GRADE LEVEL OR ARE WITHIN A 18,846
SPECIFIC AGE GROUP; TO STUDENTS THAT MEET A DEFINITION OF
"AT-RISK," AS DEFINED IN THE CONTRACT; OR TO RESIDENTS OF A 18,847
SPECIFIC GEOGRAPHIC AREA, AS DEFINED IN THE CONTRACT, THAT IS 18,848
WITHIN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED. 18,849
(C) THAT THERE WILL BE NO DISCRIMINATION IN THE ADMISSION 18,851
OF STUDENTS TO THE SCHOOL ON THE BASIS OF RACE, CREED, COLOR, 18,852
424
HANDICAPPING CONDITION, OR SEX; AND THAT, UPON ADMISSION OF ANY 18,854
HANDICAPPED STUDENT, THE COMMUNITY SCHOOL WILL COMPLY WITH ALL 18,855
FEDERAL AND STATE LAWS REGARDING THE EDUCATION OF HANDICAPPED 18,856
STUDENTS.
(D) THAT THE SCHOOL MAY NOT LIMIT ADMISSION TO STUDENTS ON 18,858
THE BASIS OF INTELLECTUAL ABILITY, MEASURES OF ACHIEVEMENT OR 18,859
APTITUDE, OR ATHLETIC ABILITY. 18,860
(E) THAT THE COMMUNITY SCHOOL WILL ADMIT THE NUMBER OF 18,862
STUDENTS THAT DOES NOT EXCEED THE CAPACITY OF THE SCHOOL'S 18,864
PROGRAMS, CLASSES, GRADE LEVELS, OR FACILITIES. 18,865
(F) THAT, EXCEPT AS OTHERWISE PROVIDED UNDER DIVISION (B) 18,868
OF THIS SECTION, IF THE NUMBER OF APPLICANTS EXCEEDS THE CAPACITY
RESTRICTIONS OF DIVISION (E) OF THIS SECTION, STUDENTS SHALL BE 18,870
ADMITTED BY LOT FROM ALL THOSE SUBMITTING APPLICATIONS, EXCEPT 18,871
PREFERENCE SHALL BE GIVEN TO STUDENTS ATTENDING THE SCHOOL THE 18,872
PREVIOUS YEAR AND MAY BE GIVEN TO SIBLINGS OF SUCH STUDENTS.
NOTWITHSTANDING DIVISIONS (A) THROUGH (F) OF THIS SECTION, 18,875
IN THE EVENT THE RACIAL COMPOSITION OF THE ENROLLMENT OF THE
COMMUNITY SCHOOL IS VIOLATIVE OF A FEDERAL DESEGREGATION ORDER, 18,876
THE COMMUNITY SCHOOL SHALL TAKE ANY AND ALL CORRECTIVE MEASURES 18,877
TO COMPLY WITH THE DESEGREGATION ORDER. 18,878
Sec. 3314.07. (A) THE EXPIRATION OF THE CONTRACT FOR A 18,880
COMMUNITY SCHOOL BETWEEN A SPONSOR AND A SCHOOL SHALL BE THE DATE 18,882
PROVIDED IN THE CONTRACT. A SUCCESSOR CONTRACT MAY BE ENTERED 18,883
INTO UNLESS THE CONTRACT IS TERMINATED OR NOT RENEWED PURSUANT TO
THIS SECTION. 18,884
(B)(1) A SPONSOR MAY CHOOSE NOT TO RENEW A CONTRACT AT ITS 18,886
EXPIRATION OR MAY CHOOSE TO TERMINATE A CONTRACT PRIOR TO ITS 18,887
EXPIRATION FOR ANY OF THE FOLLOWING REASONS: 18,888
(a) FAILURE TO MEET STUDENT PERFORMANCE REQUIREMENTS 18,891
STATED IN THE CONTRACT;
(b) FAILURE TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL 18,893
MANAGEMENT; 18,894
(c) VIOLATION OF ANY PROVISION OF THE CONTRACT OR 18,897
425
APPLICABLE STATE OR FEDERAL LAW;
(d) OTHER GOOD CAUSE. 18,899
A TERMINATION SHALL BE EFFECTIVE ONLY AT THE CONCLUSION OF 18,901
A SCHOOL YEAR. 18,902
(2) AT LEAST SIXTY DAYS PRIOR TO THE TERMINATION OR 18,904
NONRENEWAL OF A CONTRACT, THE SPONSOR SHALL NOTIFY THE SCHOOL OF 18,905
THE PROPOSED ACTION IN WRITING. THE NOTICE SHALL INCLUDE THE 18,906
REASONS FOR THE PROPOSED ACTION IN DETAIL AND THAT THE SCHOOL 18,907
MAY, WITHIN FOURTEEN DAYS OF RECEIVING THE NOTICE, REQUEST AN 18,908
INFORMAL HEARING BEFORE THE SPONSOR. SUCH REQUEST MUST BE IN 18,909
WRITING. 18,910
(3) A DECISION BY THE SPONSOR TO TERMINATE A CONTRACT MAY 18,912
BE APPEALED TO THE STATE BOARD OF EDUCATION. THE DECISION BY THE 18,915
STATE BOARD PERTAINING TO AN APPEAL UNDER THIS DIVISION IS FINAL. 18,917
(C) A CHILD ATTENDING A COMMUNITY SCHOOL WHOSE CONTRACT 18,919
HAS BEEN TERMINATED OR NONRENEWED OR THAT CLOSES FOR ANY REASON 18,921
SHALL BE ADMITTED TO THE SCHOOLS OF THE DISTRICT IN WHICH THE 18,922
CHILD IS ENTITLED TO ATTEND UNDER SECTION 3313.64 OR 3313.65 OF 18,923
THE REVISED CODE. ANY DEADLINES ESTABLISHED FOR THE PURPOSE OF 18,924
ADMITTING STUDENTS UNDER SECTION 3313.97 OR 3313.98 SHALL BE 18,925
WAIVED FOR STUDENTS TO WHOM THIS DIVISION PERTAINS. 18,926
(D) A SPONSOR OF A COMMUNITY SCHOOL AND THE OFFICERS, 18,928
DIRECTORS, OR EMPLOYEES OF SUCH A SPONSOR ARE NOT LIABLE IN 18,929
DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR HARM ALLEGEDLY 18,930
ARISING FROM EITHER OF THE FOLLOWING:
(1) A FAILURE OF THE COMMUNITY SCHOOL OR ANY OF ITS 18,932
OFFICERS, DIRECTORS, OR EMPLOYEES TO PERFORM ANY STATUTORY OR 18,933
COMMON LAW DUTY OR RESPONSIBILITY OR ANY OTHER LEGAL OBLIGATION; 18,934
(2) AN ACTION OR OMISSION OF THE COMMUNITY SCHOOL OR ANY 18,936
OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES THAT RESULTS IN HARM. 18,937
(E) AS USED IN THIS SECTION: 18,939
(1) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 18,941
PROPERTY.
(2) "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR 18,943
426
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY OTHER THAN A CIVIL 18,944
ACTION FOR DAMAGES FOR A BREACH OF CONTRACT OR ANOTHER AGREEMENT 18,945
BETWEEN PERSONS.
Sec. 3314.08. (A) AS USED IN THIS SECTION: 18,947
(1) "BASE FORMULA AMOUNT" MEANS THE AMOUNT SPECIFIED AS 18,950
SUCH IN A COMMUNITY SCHOOL'S FINANCIAL PLAN FOR A SCHOOL YEAR 18,951
PURSUANT TO DIVISION (A)(15) OF SECTION 3314.03 OF THE REVISED 18,952
CODE.
(2) "COST-OF-DOING-BUSINESS FACTOR" HAS THE SAME MEANING 18,955
AS IN DIVISION (E) OF SECTION 3317.02 OF THE REVISED CODE. 18,957
(3) "IEP" MEANS AN INDIVIDUALIZED EDUCATION PROGRAM 18,960
DEFINED BY DIVISION (E) OF SECTION 3323.01 OF THE REVISED CODE. 18,962
(4) "ACTUAL COST" MEANS THE ACTUAL COST OF PROVIDING 18,965
SPECIAL EDUCATION AND RELATED SERVICES TO A SPECIAL EDUCATION 18,966
STUDENT PURSUANT TO AN IEP IN THE SCHOOL DISTRICT WHERE THAT 18,967
STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTIONS 3313.64
AND 3313.65 OF THE REVISED CODE, AS CALCULATED IN A MANNER 18,968
ACCEPTABLE TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 18,969
(5) "DPIA REDUCTION FACTOR" MEANS THE PERCENTAGE FIGURE, 18,972
IF ANY, SPECIFIED FOR REDUCING THE PER PUPIL AMOUNT OF
DISADVANTAGED PUPIL IMPACT AID A COMMUNITY SCHOOL IS TO RECEIVE 18,973
IN ANY YEAR AS SPECIFIED IN THE SCHOOL'S FINANCIAL PLAN FOR THE 18,974
YEAR PURSUANT TO DIVISION (A)(15) OF SECTION 3314.03 OF THE 18,976
REVISED CODE. 18,977
(B) THE STATE BOARD OF EDUCATION SHALL ADOPT RULES 18,979
REQUIRING BOTH OF THE FOLLOWING: 18,980
(1) THE BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, 18,982
AND LOCAL SCHOOL DISTRICT TO ANNUALLY REPORT THE NUMBER OF 18,983
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT PURSUANT TO 18,984
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE WHO ARE ENROLLED 18,985
IN A COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER AND FOR EACH 18,986
CHILD THE COMMUNITY SCHOOL IN WHICH THE CHILD IS ENROLLED. IN 18,987
ADDITION, FOR EACH SUCH CHILD RECEIVING SPECIAL EDUCATION AND 18,988
RELATED SERVICES IN A COMMUNITY SCHOOL PURSUANT TO AN IEP THE 18,989
427
BOARD SHALL REPORT THE ACTUAL COST FOR SUCH CHILD AND, IF THE 18,990
DISTRICT RECEIVES DISADVANTAGED PUPIL IMPACT AID PURSUANT TO 18,991
SECTION 3317.023 OF THE REVISED CODE, IT SHALL REPORT THE AMOUNT
RECEIVED FOR EACH SUCH CHILD. 18,992
(2) THE GOVERNING AUTHORITY OF EACH COMMUNITY SCHOOL 18,994
ESTABLISHED UNDER THIS CHAPTER TO ANNUALLY REPORT THE NUMBER OF 18,995
STUDENTS ENROLLED IN THE SCHOOL WHO ARE NOT RECEIVING SPECIAL 18,996
EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP, THE NUMBER OF 18,998
ENROLLED STUDENTS WHO ARE RECEIVING SPECIAL EDUCATION AND RELATED 18,999
SERVICES PURSUANT TO AN IEP AND THE NUMBER OF SUCH STUDENTS 19,000
COUNTED IN A UNIT APPROVED BY THE STATE BOARD OF EDUCATION AND 19,002
FUNDED UNDER DIVISION (N) OF SECTION 3317.024 OF THE REVISED 19,003
CODE, THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT, AND THE CITY, 19,006
EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT IN WHICH THE SCHOOL IS
LOCATED. EACH GOVERNING AUTHORITY SHALL ALSO REPORT ANY DPIA 19,008
REDUCTION FACTOR THAT APPLIES TO A SCHOOL YEAR.
(C) FROM THE PAYMENTS MADE TO A CITY, EXEMPTED VILLAGE, OR 19,010
LOCAL SCHOOL DISTRICT UNDER CHAPTER 3317. AND, IF NECESSARY, 19,012
SECTIONS 321.14 AND 323.156 OF THE REVISED CODE, THE DEPARTMENT 19,013
OF EDUCATION SHALL ANNUALLY SUBTRACT ALL OF THE FOLLOWING: 19,014
(1) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 19,016
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 19,017
ENROLLED, THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 19,019
DIVISION (B)(2) OF THIS SECTION WHO ARE ENROLLED IN THAT 19,020
COMMUNITY SCHOOL AND ARE NOT RECEIVING SPECIAL EDUCATION AND
RELATED SERVICES PURSUANT TO AN IEP IS MULTIPLIED BY THE BASE 19,022
FORMULA AMOUNT OF THAT COMMUNITY SCHOOL AS ADJUSTED BY THE SCHOOL 19,024
DISTRICT'S COST-OF-DOING-BUSINESS FACTOR.
(2) THE SUM OF THE ACTUAL COSTS FOR ALL DISTRICT STUDENTS 19,026
REPORTED UNDER DIVISION (B)(2) OF THIS SECTION WHO ARE TO BE 19,028
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN
IEP IN THEIR RESPECTIVE COMMUNITY SCHOOLS, LESS THE SUM OF THE 19,030
PRORATED SHARE FOR EACH SUCH STUDENT OF ANY AMOUNTS RECEIVED FROM 19,031
STATE OR FEDERAL FUNDS TO PROVIDE SPECIAL EDUCATION AND RELATED
428
SERVICES TO STUDENTS IN THE RESPECTIVE COMMUNITY SCHOOLS. THIS 19,032
PRORATED SHARE OF STATE OR FEDERAL FUNDS RECEIVED FOR EACH SUCH 19,033
STUDENT SHALL BE DETERMINED ON THE BASIS OF ALL SUCH FUNDS 19,035
RECEIVED BY A COMMUNITY SCHOOL FOR STUDENTS RECEIVING SIMILAR 19,036
SERVICES, AS CALCULATED IN A MANNER ACCEPTABLE TO THE
SUPERINTENDENT OF PUBLIC INSTRUCTION. 19,037
(3) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 19,039
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 19,040
ENROLLED, THE NUMBER OF THE DISTRICT'S STUDENTS ENROLLED IN THAT 19,041
COMMUNITY SCHOOL AND RESIDING IN THE DISTRICT IN A FAMILY 19,042
RECEIVING ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY 19,044
ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS AMENDED IS
MULTIPLIED BY THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT 19,046
AID THE SCHOOL DISTRICT RECEIVES THAT YEAR, AS ADJUSTED BY ANY 19,048
DPIA REDUCTION FACTOR OF THAT COMMUNITY SCHOOL. 19,049
(D) THE DEPARTMENT SHALL ANNUALLY PAY TO A COMMUNITY 19,052
SCHOOL ESTABLISHED UNDER THIS CHAPTER ALL OF THE FOLLOWING: 19,053
(1) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 19,056
WHEN THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL AS REPORTED 19,057
UNDER DIVISION (B)(2) OF THIS SECTION WHO ARE NOT RECEIVING 19,059
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP IS 19,060
MULTIPLIED BY THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT, AS 19,061
ADJUSTED BY THE COST-OF-DOING-BUSINESS FACTOR OF THE SCHOOL
DISTRICT IN WHICH THE SCHOOL IS LOCATED; 19,062
(2) FOR EACH STUDENT ENROLLED IN THE SCHOOL RECEIVING 19,065
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP, AN 19,066
AMOUNT EQUAL TO THE ACTUAL COST FOR SUCH STUDENT, LESS A PRORATED 19,067
SHARE FOR THE STUDENT OF ANY AMOUNT RECEIVED FROM STATE OR
FEDERAL FUNDS TO PROVIDE SPECIAL EDUCATION AND RELATED SERVICES 19,068
TO STUDENTS IN THE COMMUNITY SCHOOL. THIS PRORATED SHARE SHALL 19,069
BE DETERMINED AS DESCRIBED UNDER DIVISION (C)(2) OF THIS SECTION. 19,070
(3) AN AMOUNT EQUAL TO THE NUMBER OF STUDENTS ENROLLED IN 19,072
THE COMMUNITY SCHOOL AND RESIDING IN THE SCHOOL DISTRICT IN A 19,074
FAMILY RECEIVING ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL 19,076
429
SECURITY ACT" IS MULTIPLIED BY THE PER PUPIL AMOUNT OF 19,077
DISADVANTAGED PUPIL IMPACT AID THAT SCHOOL DISTRICT RECEIVES THAT 19,078
YEAR, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY 19,079
SCHOOL. 19,080
(E) EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT 19,082
SHALL COUNT IN ITS ADM CERTIFIED UNDER DIVISION (A)(1) OF SECTION 19,084
3317.03 OF THE REVISED CODE, ANY STUDENT ENTITLED TO ATTEND 19,085
SCHOOL IN THE DISTRICT ENROLLED IN A COMMUNITY SCHOOL, EXCEPT 19,087
THAT A SCHOOL DISTRICT MAY INSTEAD COUNT A STUDENT ENROLLED IN A 19,088
COMMUNITY SCHOOL IN ITS ADM CERTIFIED UNDER DIVISION (A)(3) OF 19,090
THAT SECTION IF THE DISTRICT HAD COUNTED THE STUDENT UNDER 19,091
DIVISION (A)(3) OF THAT SECTION IMMEDIATELY PRIOR TO THE 19,092
STUDENT'S ENROLLMENT IN THE COMMUNITY SCHOOL. 19,093
(F) A COMMUNITY SCHOOL MAY APPLY TO THE DEPARTMENT OF 19,096
EDUCATION FOR UNIT FUNDING THE SCHOOL WOULD RECEIVE IF IT WERE A 19,097
SCHOOL DISTRICT. UPON REQUEST OF ITS GOVERNING AUTHORITY, A 19,098
COMMUNITY SCHOOL THAT RECEIVED UNIT FUNDING AS A SCHOOL 19,099
DISTRICT-OPERATED SCHOOL BEFORE IT BECAME A COMMUNITY SCHOOL 19,100
SHALL RETAIN ANY UNITS AWARDED TO IT AS A SCHOOL
DISTRICT-OPERATED SCHOOL PROVIDED THE SCHOOL CONTINUES TO MEET 19,101
ELIGIBILITY STANDARDS FOR THE UNIT. 19,102
A COMMUNITY SCHOOL SHALL BE CONSIDERED A SCHOOL DISTRICT 19,104
AND ITS GOVERNING AUTHORITY SHALL BE CONSIDERED A BOARD OF 19,105
EDUCATION FOR THE PURPOSE OF APPLYING TO ANY STATE OR FEDERAL 19,106
AGENCY FOR GRANTS THAT A SCHOOL DISTRICT MAY RECEIVE UNDER 19,107
FEDERAL OR STATE LAW OR ANY APPROPRIATIONS ACT OF THE GENERAL 19,108
ASSEMBLY. THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL MAY 19,109
APPLY TO ANY PRIVATE ENTITY FOR ADDITIONAL FUNDS. 19,110
(G) A BOARD OF EDUCATION SPONSORING A COMMUNITY SCHOOL MAY 19,112
UTILIZE LOCAL FUNDS TO MAKE ENHANCEMENT GRANTS TO THE SCHOOL OR 19,113
MAY AGREE, EITHER AS PART OF THE CONTRACT OR SEPARATELY, TO 19,114
PROVIDE ANY SPECIFIC SERVICES TO THE COMMUNITY SCHOOL AT NO COST 19,115
TO THE SCHOOL.
(H) A COMMUNITY SCHOOL MAY NOT LEVY TAXES OR ISSUE BONDS 19,117
430
SECURED BY TAX REVENUES. 19,118
(I) NO COMMUNITY SCHOOL SHALL CHARGE TUITION FOR THE 19,120
ENROLLMENT OF ANY STUDENT. 19,121
(J) A COMMUNITY SCHOOL MAY BORROW MONEY TO PAY ANY 19,123
NECESSARY AND ACTUAL EXPENSES OF THE SCHOOL IN ANTICIPATION OF 19,124
THE RECEIPT OF ANY PORTION OF THE PAYMENTS TO BE RECEIVED BY THE 19,125
SCHOOL PURSUANT TO DIVISION (D) OF THIS SECTION. THE SCHOOL MAY 19,126
ISSUE NOTES TO EVIDENCE SUCH BORROWING TO MATURE NO LATER THAN 19,127
THE END OF THE FISCAL YEAR IN WHICH SUCH MONEY WAS BORROWED. THE 19,128
PROCEEDS OF THE NOTES SHALL BE USED ONLY FOR THE PURPOSES FOR 19,130
WHICH THE ANTICIPATED RECEIPTS MAY BE LAWFULLY EXPENDED BY THE 19,131
SCHOOL.
(K) FOR PURPOSES OF DETERMINING THE NUMBER OF STUDENTS FOR 19,134
WHICH DIVISION (D)(3) OF THIS SECTION APPLIES IN ANY SCHOOL YEAR, 19,135
A COMMUNITY SCHOOL MAY SUBMIT TO THE STATE DEPARTMENT OF HUMAN 19,136
SERVICES, NO LATER THAN THE FIRST DAY OF MARCH, A LIST OF THE 19,137
STUDENTS ENROLLED IN THE SCHOOL. FOR EACH STUDENT ON THE LIST, 19,138
THE COMMUNITY SCHOOL SHALL INDICATE THE STUDENT'S NAME, ADDRESS, 19,139
AND DATE OF BIRTH AND THE SCHOOL DISTRICT WHERE THE STUDENT IS 19,140
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE
REVISED CODE. UPON RECEIPT OF A LIST UNDER THIS DIVISION, THE 19,142
DEPARTMENT OF HUMAN SERVICES SHALL DETERMINE THE NUMBER OF 19,144
STUDENTS RESIDING IN THAT SCHOOL DISTRICT IN A FAMILY RECEIVING
ASSISTANCE PURSUANT TO TITLE IV-A OF THE "SOCIAL SECURITY ACT." 19,146
THE DEPARTMENT SHALL MAKE THIS DETERMINATION ON THE BASIS OF 19,149
INFORMATION READILY AVAILABLE TO IT. UPON MAKING THIS
DETERMINATION AND NO LATER THAN NINETY DAYS AFTER SUBMISSION OF 19,150
THE LIST BY THE COMMUNITY SCHOOL, THE DEPARTMENT SHALL REPORT TO 19,151
THE STATE DEPARTMENT OF EDUCATION THE NUMBER OF STUDENTS ON THE 19,152
LIST WHO RESIDE IN THE SCHOOL DISTRICT IN A FAMILY RECEIVING 19,153
ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT." IN 19,154
COMPLYING WITH THIS DIVISION, THE DEPARTMENT OF HUMAN SERVICES 19,156
SHALL NOT REPORT TO THE STATE DEPARTMENT OF EDUCATION ANY 19,157
PERSONALLY IDENTIFIABLE INFORMATION ON ANY STUDENT.
431
(L) THE DEPARTMENT OF EDUCATION SHALL ADJUST THE AMOUNTS 19,159
SUBTRACTED AND PAID UNDER DIVISIONS (C) AND (D) OF THIS SECTION 19,161
TO REFLECT ANY ENROLLMENT OF STUDENTS IN COMMUNITY SCHOOLS FOR
LESS THAN THE EQUIVALENT OF A FULL SCHOOL YEAR. 19,162
Sec. 3314.09. THE BOARD OF EDUCATION OF THE CITY, LOCAL, 19,165
OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH A COMMUNITY SCHOOL 19,166
IS LOCATED SHALL PROVIDE TRANSPORTATION TO STUDENTS ENROLLED IN 19,167
THE COMMUNITY SCHOOL, EXCEPT THAT THE BOARD SHALL BE REQUIRED TO 19,168
PICK UP AND DROP OFF A NONHANDICAPPED STUDENT ONLY AT A REGULAR 19,169
SCHOOL BUS STOP DESIGNATED IN ACCORDANCE WITH THE BOARD'S 19,170
TRANSPORTATION POLICY. 19,171
Sec. 3314.10. (A)(1) THE GOVERNING AUTHORITY OF ANY 19,174
COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER MAY EMPLOY
TEACHERS AND NONTEACHING EMPLOYEES NECESSARY TO CARRY OUT ITS 19,175
MISSION AND FULFILL ITS CONTRACT. 19,176
(2) EXCEPT AS PROVIDED UNDER DIVISION (A)(3) OF THIS 19,178
SECTION, EMPLOYEES HIRED UNDER THIS SECTION MAY ORGANIZE AND 19,180
COLLECTIVELY BARGAIN PURSUANT TO CHAPTER 4117. OF THE REVISED 19,181
CODE. NOTWITHSTANDING DIVISION (D)(1) OF SECTION 4117.06 OF THE 19,182
REVISED CODE, A UNIT CONTAINING TEACHING AND NONTEACHING 19,183
EMPLOYEES EMPLOYED UNDER THIS SECTION SHALL BE CONSIDERED AN 19,184
APPROPRIATE UNIT. AS APPLICABLE, EMPLOYMENT UNDER THIS SECTION 19,185
IS SUBJECT TO EITHER CHAPTER 3307. OR 3309. OF THE REVISED CODE. 19,186
(3) AT THE TIME A COMMUNITY SCHOOL IS CREATED BY 19,188
CONVERTING ALL OR PART OF AN EXISTING PUBLIC SCHOOL INTO THE 19,190
COMMUNITY SCHOOL, THE EMPLOYEES OF THE COMMUNITY SCHOOL SHALL 19,191
REMAIN PART OF ANY COLLECTIVE BARGAINING UNIT IN WHICH THEY WERE 19,192
INCLUDED IMMEDIATELY PRIOR TO THE CONVERSION AND SHALL REMAIN
SUBJECT TO ANY COLLECTIVE BARGAINING AGREEMENT FOR THAT UNIT IN 19,193
EFFECT ON THE FIRST DAY OF JULY OF THE YEAR IN WHICH THE 19,194
COMMUNITY SCHOOL INITIALLY BEGINS OPERATION AND SHALL BE SUBJECT 19,195
TO ANY SUBSEQUENT COLLECTIVE BARGAINING AGREEMENT FOR THAT UNIT, 19,196
UNLESS A PETITION IS CERTIFIED AS SUFFICIENT UNDER DIVISION 19,197
(A)(6) OF THIS SECTION WITH REGARD TO THOSE EMPLOYEES. ANY NEW 19,198
432
EMPLOYEES OF THE COMMUNITY SCHOOL SHALL ALSO BE INCLUDED IN THE 19,199
UNIT TO WHICH THEY WOULD HAVE BEEN ASSIGNED HAD NOT THE 19,200
CONVERSION TAKEN PLACE AND SHALL BE SUBJECT TO THE COLLECTIVE 19,201
BARGAINING AGREEMENT FOR THAT UNIT UNLESS A PETITION IS CERTIFIED
AS SUFFICIENT UNDER DIVISION (A)(6) OF THIS SECTION WITH REGARD 19,204
TO THOSE EMPLOYEES.
NOTWITHSTANDING DIVISION (B) OF SECTION 4117.01 OF THE 19,207
REVISED CODE, THE BOARD OF EDUCATION OF A SCHOOL DISTRICT AND NOT 19,209
THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL SHALL BE REGARDED, 19,210
FOR PURPOSES OF CHAPTER 4117. OF THE REVISED CODE, AS THE "PUBLIC 19,212
EMPLOYER" OF THE EMPLOYEES OF THE COMMUNITY SCHOOL SUBJECT TO A
COLLECTIVE BARGAINING AGREEMENT PURSUANT TO DIVISION (A)(3) OF 19,214
THIS SECTION UNLESS A PETITION IS CERTIFIED UNDER DIVISION (A)(6) 19,215
OF THIS SECTION WITH REGARD TO THOSE EMPLOYEES. ONLY ON AND 19,216
AFTER THE EFFECTIVE DATE OF A PETITION CERTIFIED AS SUFFICIENT 19,217
UNDER DIVISION (A)(6) OF THIS SECTION SHALL DIVISION (A)(2) OF 19,219
THIS SECTION APPLY TO THOSE EMPLOYEES OF THAT COMMUNITY SCHOOL 19,220
AND ONLY ON AND AFTER THE EFFECTIVE DATE OF THAT PETITION SHALL 19,221
CHAPTER 4117. OF THE REVISED CODE APPLY TO THE GOVERNING 19,223
AUTHORITY OF THAT COMMUNITY SCHOOL WITH REGARD TO THOSE
EMPLOYEES. 19,224
(4) NOTWITHSTANDING SECTIONS 4117.03 TO 4117.18 OF THE 19,227
REVISED CODE AND SECTION 4 OF AMENDED SUBSTITUTE SENATE BILL NO. 19,232
133 OF THE 115th GENERAL ASSEMBLY, THE EMPLOYEES OF A COMMUNITY 19,233
SCHOOL WHO ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT 19,234
PURSUANT TO DIVISION (A)(3) OF THIS SECTION SHALL CEASE TO BE 19,235
SUBJECT TO THAT AGREEMENT AND ALL SUBSEQUENT AGREEMENTS PURSUANT 19,236
TO THAT DIVISION AND SHALL CEASE TO BE PART OF THE COLLECTIVE 19,237
BARGAINING UNIT THAT IS SUBJECT TO THAT AND ALL SUBSEQUENT 19,238
AGREEMENTS, IF A MAJORITY OF THE EMPLOYEES OF THE COMMUNITY 19,239
SCHOOL WHO ARE SUBJECT TO THAT COLLECTIVE BARGAINING AGREEMENT 19,240
SIGN AND SUBMIT TO THE STATE EMPLOYMENT RELATIONS BOARD A 19,241
PETITION REQUESTING ALL OF THE FOLLOWING: 19,242
(a) THAT ALL THE EMPLOYEES OF THE COMMUNITY SCHOOL WHO ARE 19,245
433
SUBJECT TO THAT AGREEMENT BE REMOVED FROM THE BARGAINING UNIT
THAT IS SUBJECT TO THAT AGREEMENT AND BE DESIGNATED BY THE STATE 19,246
EMPLOYMENT RELATIONS BOARD AS A NEW AND SEPARATE BARGAINING UNIT 19,247
FOR PURPOSES OF CHAPTER 4117. OF THE REVISED CODE; 19,249
(b) THAT THE EMPLOYEE ORGANIZATION CERTIFIED AS THE 19,251
EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES OF THE BARGAINING UNIT 19,252
FROM WHICH THE EMPLOYEES ARE TO BE REMOVED BE CERTIFIED AS THE 19,253
EXCLUSIVE REPRESENTATIVE OF THE NEW AND SEPARATE BARGAINING UNIT 19,254
FOR PURPOSES OF CHAPTER 4117. OF THE REVISED CODE; 19,256
(c) THAT THE GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL 19,259
BE REGARDED AS THE "PUBLIC EMPLOYER" OF THESE EMPLOYEES FOR
PURPOSES OF CHAPTER 4117. OF THE REVISED CODE. 19,261
(5) NOTWITHSTANDING SECTIONS 4117.03 TO 4117.18 OF THE 19,264
REVISED CODE AND SECTION 4 OF AMENDED SUBSTITUTE SENATE BILL NO. 19,269
133 OF THE 115th GENERAL ASSEMBLY, THE EMPLOYEES OF A COMMUNITY 19,270
SCHOOL WHO ARE SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT 19,271
PURSUANT TO DIVISION (A)(3) OF THIS SECTION SHALL CEASE TO BE 19,272
SUBJECT TO THAT AGREEMENT AND ALL SUBSEQUENT AGREEMENTS PURSUANT 19,273
TO THAT DIVISION, SHALL CEASE TO BE PART OF THE COLLECTIVE 19,274
BARGAINING UNIT THAT IS SUBJECT TO THAT AND ALL SUBSEQUENT 19,275
AGREEMENTS, AND SHALL CEASE TO BE REPRESENTED BY ANY EXCLUSIVE 19,276
REPRESENTATIVE OF THAT COLLECTIVE BARGAINING UNIT, IF A MAJORITY 19,278
OF THE EMPLOYEES OF THE COMMUNITY SCHOOL WHO ARE SUBJECT TO THAT
COLLECTIVE BARGAINING AGREEMENT SIGN AND SUBMIT TO THE STATE 19,279
EMPLOYMENT RELATIONS BOARD A PETITION REQUESTING ALL OF THE 19,280
FOLLOWING:
(a) THAT ALL THE EMPLOYEES OF THE COMMUNITY SCHOOL WHO ARE 19,283
SUBJECT TO THAT AGREEMENT BE REMOVED FROM THE BARGAINING UNIT
THAT IS SUBJECT TO THAT AGREEMENT; 19,284
(b) THAT ANY EMPLOYEE ORGANIZATION CERTIFIED AS THE 19,286
EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES OF THAT BARGAINING UNIT 19,287
BE DECERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES 19,288
OF THE COMMUNITY SCHOOL WHO ARE SUBJECT TO THAT AGREEMENT; 19,289
(c) THAT THE GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL 19,291
434
BE REGARDED AS THE "PUBLIC EMPLOYER" OF THESE EMPLOYEES FOR 19,292
PURPOSES OF CHAPTER 4117. OF THE REVISED CODE. 19,294
(6) UPON RECEIPT OF A PETITION UNDER DIVISION (A)(4) OR 19,297
(5) OF THIS SECTION, THE STATE EMPLOYMENT RELATIONS BOARD SHALL 19,298
CHECK THE SUFFICIENCY OF THE SIGNATURES ON THE PETITION. IF THE 19,300
SIGNATURES ARE FOUND SUFFICIENT, THE BOARD SHALL CERTIFY THE
SUFFICIENCY OF THE PETITION AND SO NOTIFY THE PARTIES INVOLVED, 19,301
INCLUDING THE BOARD OF EDUCATION, THE GOVERNING AUTHORITY OF THE 19,302
COMMUNITY SCHOOL, AND ANY EXCLUSIVE REPRESENTATIVE OF THE 19,303
BARGAINING UNIT. THE CHANGES REQUESTED IN A CERTIFIED PETITION 19,304
SHALL TAKE EFFECT IN ACCORDANCE WITH DIVISION (A)(7) OF THIS 19,306
SECTION.
(7)(a) THE CHANGES REQUESTED IN A PETITION CERTIFIED UNDER 19,308
DIVISION (A)(6) OF THIS SECTION SHALL TAKE EFFECT ON THE FIRST 19,311
DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DATE ON WHICH THE 19,312
SUFFICIENCY OF THE PETITION IS CERTIFIED UNDER THAT DIVISION, 19,313
EXCEPT AS PROVIDED IN DIVISIONS (A)(7)(b) TO (d) OF THIS SECTION. 19,314
(b) THE CHANGES REQUESTED IN A PETITION CERTIFIED UNDER 19,316
DIVISION (A)(6) OF THIS SECTION SHALL TAKE EFFECT ONLY PURSUANT 19,318
TO DIVISION (A)(7)(c) OR (d) OF THIS SECTION IF, PRIOR TO THE 19,319
EFFECTIVE DATE SPECIFIED IN DIVISION (A)(7)(a) OF THIS SECTION, 19,321
THE STATE EMPLOYMENT RELATIONS BOARD RECEIVES, FROM AT LEAST 19,322
THREE OF THE EMPLOYEES WHOSE SIGNATURES APPEAR ON THE PETITION, 19,323
WRITTEN ALLEGATIONS THAT THE COMMUNITY SCHOOL OR ITS SPONSOR 19,324
COERCED THEM TO SIGN THE PETITION. IF THE BOARD RECEIVES AT 19,325
LEAST THREE SUCH WRITTEN ALLEGATIONS CONCERNING A CERTIFIED
PETITION PRIOR TO THE EFFECTIVE DATE SPECIFIED IN DIVISION 19,327
(A)(7)(a) OF THIS SECTION, IT SHALL IMMEDIATELY NOTIFY THE 19,328
PARTIES INVOLVED, INCLUDING THE BOARD OF EDUCATION, THE GOVERNING 19,329
AUTHORITY OF THE COMMUNITY SCHOOL, AND ANY EXCLUSIVE
REPRESENTATIVE OF THE BARGAINING UNIT, AND INVESTIGATE THE 19,330
ALLEGATIONS. THE CHANGES REQUESTED IN THE CERTIFIED PETITION 19,331
SHALL NOT TAKE EFFECT UNTIL THE DATE SPECIFIED IN DIVISION 19,333
(A)(7)(c) OR (d) OF THIS SECTION. 19,334
435
(c) IF THE BOARD DETERMINES, AFTER INVESTIGATING THE 19,336
ALLEGATIONS, THAT SUBSTANTIAL PROBABILITY EXISTS THAT THE 19,337
COMMUNITY SCHOOL OR ITS SPONSOR COERCED EMPLOYEES TO SIGN THE 19,338
PETITION, IT SHALL IMMEDIATELY NOTIFY THE PARTIES INVOLVED, 19,339
INCLUDING THE BOARD OF EDUCATION, THE GOVERNING AUTHORITY OF THE
COMMUNITY SCHOOL, AND ANY EXCLUSIVE REPRESENTATIVE OF THE 19,340
BARGAINING UNIT, AND SHALL ORDER AN ELECTION ON THE CHANGES 19,341
REQUESTED IN THE PETITION. THE BOARD SHALL CONDUCT THE ELECTION 19,342
IN THE SAME MANNER AS AN ELECTION CONDUCTED UNDER SECTION 4117.07 19,343
OF THE REVISED CODE. IF A MAJORITY OF THE EMPLOYEES VOTING IN 19,345
THE ELECTION APPROVE THE CHANGES, THE CHANGES SHALL TAKE EFFECT
ON THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE ELECTION. 19,346
IF A MAJORITY OF THE EMPLOYEES VOTING IN THE ELECTION DISAPPROVE 19,347
THE CHANGES, THE CHANGES SHALL NOT TAKE EFFECT. 19,348
(d) IF THE BOARD DETERMINES, AFTER INVESTIGATING THE 19,350
ALLEGATIONS, THAT SUBSTANTIAL PROBABILITY DOES NOT EXIST THAT THE 19,351
COMMUNITY SCHOOL COERCED EMPLOYEES TO SIGN THE PETITION, IT SHALL 19,352
IMMEDIATELY NOTIFY THE PARTIES INVOLVED, INCLUDING THE BOARD OF 19,353
EDUCATION, THE GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL, AND 19,354
ANY EXCLUSIVE REPRESENTATIVE OF THE BARGAINING UNIT. THE CHANGES 19,356
REQUESTED IN THE PETITION SHALL TAKE EFFECT ON THE FIRST DAY OF
THE MONTH IMMEDIATELY FOLLOWING THE DATE ON WHICH THE BOARD MAKES 19,357
ITS DETERMINATION. 19,358
(e) THE FILING OF AN ALLEGATION UNDER DIVISION (A)(7)(b) 19,361
OF THIS SECTION DOES NOT CONSTITUTE THE FILING OF A CHARGE UNDER 19,362
SECTION 4117.12 OF THE REVISED CODE OF AN UNFAIR LABOR PRACTICE. 19,364
ANY EMPLOYEE WISHING TO FILE A CHARGE OF AN UNFAIR LABOR PRACTICE 19,365
MUST FILE THAT CHARGE SEPARATELY.
(B)(1) THE BOARD OF EDUCATION OF EACH CITY, LOCAL, AND 19,368
EXEMPTED VILLAGE SCHOOL DISTRICT SPONSORING A COMMUNITY SCHOOL 19,369
AND THE GOVERNING BOARD OF EACH EDUCATIONAL SERVICE CENTER IN 19,370
WHICH A COMMUNITY SCHOOL IS LOCATED SHALL ADOPT A POLICY THAT 19,371
PROVIDES A LEAVE OF ABSENCE OF AT LEAST THREE YEARS TO EACH 19,372
TEACHER OR NONTEACHING EMPLOYEE OF THE DISTRICT OR SERVICE CENTER 19,373
436
WHO IS EMPLOYED BY A COMMUNITY SCHOOL LOCATED IN THE DISTRICT OR 19,375
CENTER FOR THE PERIOD DURING WHICH THE TEACHER OR EMPLOYEE IS 19,376
CONTINUOUSLY EMPLOYED BY THE COMMUNITY SCHOOL. THE POLICY SHALL 19,377
ALSO PROVIDE THAT ANY TEACHER OR NONTEACHING EMPLOYEE MAY RETURN 19,378
TO EMPLOYMENT BY THE DISTRICT OR SERVICE CENTER IF THE TEACHER OR 19,379
EMPLOYEE LEAVES OR IS DISCHARGED FROM EMPLOYMENT WITH THE 19,380
COMMUNITY SCHOOL FOR ANY REASON. UPON TERMINATION OF SUCH A 19,381
LEAVE OF ABSENCE, ANY SENIORITY THAT IS APPLICABLE TO THE PERSON 19,382
SHALL BE CALCULATED TO INCLUDE ALL OF THE FOLLOWING: ALL
EMPLOYMENT BY THE DISTRICT OR SERVICE CENTER PRIOR TO THE LEAVE 19,383
OF ABSENCE; ALL EMPLOYMENT BY THE COMMUNITY SCHOOL DURING THE 19,384
LEAVE OF ABSENCE; AND ALL EMPLOYMENT BY THE DISTRICT OR SERVICE 19,385
CENTER AFTER THE LEAVE OF ABSENCE. THE POLICY SHALL ALSO PROVIDE 19,388
THAT IF ANY TEACHER HOLDING VALID CERTIFICATION RETURNS TO 19,389
EMPLOYMENT BY THE DISTRICT OR SERVICE CENTER UPON TERMINATION OF 19,391
SUCH A LEAVE OF ABSENCE, THE TEACHER SHALL BE RESTORED TO THE 19,392
PREVIOUS POSITION AND SALARY OR TO A POSITION AND SALARY SIMILAR
THERETO. IF, AS A RESULT OF TEACHERS RETURNING TO EMPLOYMENT 19,393
UPON TERMINATION OF SUCH LEAVES OF ABSENCE, A SCHOOL DISTRICT OR 19,394
EDUCATIONAL SERVICE CENTER REDUCES THE NUMBER OF TEACHERS IT 19,395
EMPLOYS, IT SHALL MAKE SUCH REDUCTIONS IN ACCORDANCE WITH SECTION 19,396
3319.17 OF THE REVISED CODE.
UNLESS A COLLECTIVE BARGAINING AGREEMENT PROVIDING 19,399
OTHERWISE IS IN EFFECT FOR AN EMPLOYEE OF A COMMUNITY SCHOOL 19,400
PURSUANT TO DIVISION (A)(3) OF THIS SECTION, AN EMPLOYEE ON A 19,402
LEAVE OF ABSENCE PURSUANT TO THIS DIVISION SHALL REMAIN ELIGIBLE 19,403
FOR ANY BENEFITS THAT ARE IN ADDITION TO BENEFITS UNDER CHAPTER 19,404
3307. OR 3309. OF THE REVISED CODE PROVIDED BY THE DISTRICT OR 19,405
SERVICE CENTER TO ITS EMPLOYEES PROVIDED THE EMPLOYEE PAYS THE 19,407
ENTIRE COST ASSOCIATED WITH SUCH BENEFITS, EXCEPT THAT PERSONAL 19,408
LEAVE AND VACATION LEAVE CANNOT BE ACCRUED FOR USE AS AN EMPLOYEE 19,409
OF A SCHOOL DISTRICT OR SERVICE CENTER WHILE IN THE EMPLOY OF A 19,411
COMMUNITY SCHOOL UNLESS THE DISTRICT OR SERVICE CENTER BOARD
ADOPTS A POLICY EXPRESSLY PERMITTING THIS ACCRUAL. 19,413
437
(2) WHILE ON A LEAVE OF ABSENCE PURSUANT TO DIVISION 19,415
(B)(1) OF THIS SECTION, A COMMUNITY SCHOOL SHALL PERMIT A TEACHER 19,416
TO USE SICK LEAVE ACCRUED WHILE IN THE EMPLOY OF THE SCHOOL 19,417
DISTRICT FROM WHICH THE LEAVE OF ABSENCE WAS TAKEN AND PRIOR TO 19,418
COMMENCING SUCH LEAVE. IF A TEACHER WHO IS ON SUCH A LEAVE OF 19,419
ABSENCE USES SICK LEAVE SO ACCRUED, THE COST OF ANY SALARY PAID 19,420
BY THE COMMUNITY SCHOOL TO THE TEACHER FOR THAT TIME SHALL BE 19,421
REPORTED TO THE DEPARTMENT OF EDUCATION. THE COST OF EMPLOYING A 19,422
SUBSTITUTE TEACHER FOR THAT TIME SHALL BE PAID BY THE COMMUNITY 19,423
SCHOOL. THE DEPARTMENT OF EDUCATION SHALL ADD AMOUNTS TO THE 19,427
PAYMENTS MADE TO A COMMUNITY SCHOOL UNDER THIS CHAPTER AS 19,428
NECESSARY TO COVER THE COST OF SALARY REPORTED BY A COMMUNITY 19,430
SCHOOL AS PAID TO A TEACHER USING SICK LEAVE SO ACCRUED PURSUANT 19,431
TO THIS SECTION. THE DEPARTMENT SHALL SUBTRACT THE AMOUNTS OF 19,432
ANY PAYMENTS MADE TO COMMUNITY SCHOOLS UNDER THIS DIVISION FROM 19,433
PAYMENTS MADE TO SUCH SPONSORING SCHOOL DISTRICT UNDER CHAPTER 19,434
3317. OF THE REVISED CODE.
A SCHOOL DISTRICT PROVIDING A LEAVE OF ABSENCE AND EMPLOYEE 19,436
BENEFITS TO A PERSON PURSUANT TO THIS DIVISION IS NOT LIABLE FOR 19,437
ANY ACTION OF THAT PERSON WHILE THE PERSON IS ON SUCH LEAVE AND 19,438
EMPLOYED BY A COMMUNITY SCHOOL.
Sec. 3316.03. (A) The auditor of state shall declare a 19,447
school district to be in a state of fiscal watch if the auditor 19,448
of state determines that all EITHER DIVISION (A)(1) OR (2) OF 19,449
THIS SECTION APPLIES TO THE SCHOOL DISTRICT: 19,450
(1) ALL of the following conditions are satisfied with 19,452
respect to the school district: 19,453
(1)(a) An operating deficit has been certified for the 19,455
current fiscal year by the auditor of state under section 19,456
3313.483 of the Revised Code, and the certified operating deficit 19,458
exceeds eight per cent of the school district's general fund 19,459
revenue for the preceding fiscal year; 19,460
(2)(b) The unencumbered cash balance in the school 19,462
district's general fund at the close of the preceding fiscal 19,463
438
year, less any advances of property taxes, was less than eight 19,464
per cent of the expenditures made from the general fund for the 19,465
preceding fiscal year; 19,466
(3)(c) A majority of the voting electors have not voted in 19,468
favor of levying a tax under section 5705.194 or 5705.21 or 19,470
Chapter 5748. of the Revised Code that the auditor of state 19,471
expects will raise enough additional revenue in the next 19,472
succeeding fiscal year that divisions (A)(1)(a) and (2)(b) of 19,473
this section will not apply to the district in such next 19,474
succeeding fiscal year.
(2) THE SCHOOL DISTRICT HAS OUTSTANDING SECURITIES ISSUED 19,477
UNDER DIVISION (A)(4) OF SECTION 3316.06 OF THE REVISED CODE AND 19,480
ITS FINANCIAL PLANNING AND SUPERVISION COMMISSION HAS BEEN 19,481
TERMINATED UNDER SECTION 3316.16 OF THE REVISED CODE. 19,483
(B) The auditor of state, after consulting with the 19,485
superintendent of public instruction, shall issue an order 19,486
declaring a school district to be in a state of fiscal emergency 19,488
if the school district board fails, pursuant to section 3316.04 19,489
of the Revised Code, to submit a plan acceptable to the state
superintendent of public instruction within one hundred twenty 19,490
days of the auditor's declaration pursuant to division (A) of 19,491
this section,; IF A DECLARATION OF FISCAL EMERGENCY IS REQUIRED 19,492
BY DIVISION (D) OF SECTION 3316.04 OF THE REVISED CODE; or if the 19,493
auditor of state determines that all of the following conditions 19,495
are satisfied with respect to the school district: 19,496
(1) The board of education of the school district is not 19,498
able to demonstrate, to the auditor of state's satisfaction, the 19,499
district's ability to repay outstanding loans received pursuant 19,500
to section 3313.483 of the Revised Code or to repay securities 19,501
issued pursuant to section 133.301 of the Revised Code in 19,502
accordance with applicable repayment schedules unless the board 19,503
requests additional loans under section 3313.483 and section 19,504
133.301 of the Revised Code in an aggregate principal amount 19,506
exceeding fifty per cent of the sum of the following: 19,507
439
(a) The aggregate original principal amount of loans 19,510
received in the preceding fiscal year under section 3313.483 of 19,511
the Revised Code;
(b) The aggregate amount borrowed by the district under 19,513
section 133.301 of the Revised Code, excluding any additional 19,514
amount borrowed as authorized under division (C) of that section. 19,515
(2) An operating deficit has been certified for the 19,517
current fiscal year by the auditor of state under section 19,518
3313.483 of the Revised Code, and the certified operating deficit 19,520
exceeds fifteen per cent of the school district's general fund 19,521
revenue for the preceding fiscal year. In determining the amount 19,522
of an operating deficit under division (B)(2) of this section, 19,523
the auditor of state shall credit toward the amount of that 19,524
deficit only the amount that may be borrowed from the spending 19,525
reserve balance as determined under section 133.301 and division 19,526
(G) of section 5705.29 of the Revised Code; 19,527
(3) A majority of the voting electors have not voted in 19,529
favor of levying a tax under section 5705.194 or 5705.21 or 19,530
Chapter 5748. of the Revised Code that the auditor of state 19,531
expects will raise enough additional revenue in the next 19,532
succeeding fiscal year that divisions (A)(1)(a) and (2)(b) of 19,533
this section will not apply to the district in such next 19,534
succeeding fiscal year.
(4) The school district is one that, at the time of the 19,536
auditor of state's determination under this section, had an 19,537
average daily membership of more than ten thousand students as 19,538
most recently reported to the department of education pursuant to 19,540
division (A) of section 3317.03 of the Revised Code. 19,541
(C) In making the determinations under this section, the 19,543
auditor of state may use financial reports required under section 19,545
117.43 of the Revised Code; tax budgets, certificates of 19,546
estimated resources and amendments thereof, annual appropriating 19,547
measures and spending plans, and any other documents or 19,548
information prepared pursuant to Chapter 5705. of the Revised 19,549
440
Code; and any other documents, records, or information available 19,550
to the auditor of state that indicate the conditions described in 19,551
divisions (A) and (B) of this section.
(D) The auditor of state shall certify the action taken 19,553
under division (A) or (B) of this section to the board of 19,554
education of the school district, the director of budget and 19,555
management, the mayor or county auditor who could be required to 19,556
act pursuant to division (B)(1) of section 3316.05 of the Revised
Code, and to the superintendent of public instruction. 19,557
(E) A determination by the auditor of state under this 19,559
section that a fiscal emergency condition does not exist is final 19,560
and conclusive and not appealable. A determination by the 19,561
auditor of state under this section that a fiscal emergency 19,562
exists is final, except that the board of education of the school 19,563
district affected by such a determination may appeal the
determination of the existence of a fiscal emergency condition to 19,564
the court of appeals having territorial jurisdiction over the 19,565
school district. The appeal shall be heard expeditiously by the 19,566
court of appeals and for good cause shown shall take precedence 19,567
over all other civil matters except earlier matters of the same 19,568
character. Notice of such appeal must be filed with the auditor
of state and such court within thirty days after certification by 19,569
the auditor of state to the board of education of the school 19,570
district provided for in division (D) of this section. In such 19,571
appeal, determinations of the auditor of state shall be presumed 19,572
to be valid and the board of education shall have the burden of 19,573
proving, by clear and convincing evidence, that each of the 19,574
determinations made by the auditor of state as to the existence
of a fiscal emergency condition under this section was in error. 19,575
If the board of education fails, upon presentation of its case, 19,576
to prove by clear and convincing evidence that each such 19,577
determination by the auditor of state was in error, the court 19,578
shall dismiss the appeal. The board of education and the auditor 19,579
of state may introduce any evidence relevant to the existence or
441
nonexistence of such fiscal emergency conditions. The pendency 19,580
of any such appeal shall not affect or impede the operations of 19,581
this chapter; no restraining order, temporary injunction, or 19,582
other similar restraint upon actions consistent with this chapter 19,583
shall be imposed by the court or any court pending determination 19,584
of such appeal; and all things may be done under this chapter 19,585
that may be done regardless of the pendency of any such appeal.
Any action taken or contract executed pursuant to this chapter 19,586
during the pendency of such appeal is valid and enforceable among 19,587
all parties, notwithstanding the decision in such appeal. If the 19,588
court of appeals reverses the determination of the existence of a 19,589
fiscal emergency condition by the auditor of state, the 19,590
determination no long has any effect, and any procedures
undertaken as a result of the determination shall be terminated. 19,591
Sec. 3316.04. (A) Within sixty days of the auditor's 19,600
declaration under division (A) of section 3316.03 of the Revised 19,602
Code, the board of education of the school district shall prepare 19,603
and submit to the superintendent of public instruction a 19,604
financial plan delineating the steps the board will take to
eliminate the district's current operating deficit and avoid 19,605
incurring operating deficits in ensuing years, including the 19,606
implementation of spending reductions. The superintendent of 19,607
public instruction shall evaluate the initial financial plan, and 19,608
either approve or disapprove it within thirty calendar days from 19,609
the date of its submission. If the initial financial plan is 19,610
disapproved, the state superintendent shall recommend
modifications that will render the financial plan acceptable. No 19,611
school district board shall implement a financial plan submitted 19,612
to the superintendent of public instruction under this section 19,613
unless the superintendent has approved the plan. 19,614
(B) Upon request of the board of education of a school 19,616
district declared to be in a state of fiscal watch, the auditor 19,618
of state and superintendent of public instruction shall provide 19,619
technical assistance to the board in resolving the fiscal 19,620
442
problems that gave rise to the declaration, including assistance
in drafting the board's financial plan. 19,621
(C) A financial plan adopted under this section may be 19,623
amended at any time with the approval of the superintendent. THE 19,625
BOARD OF EDUCATION OF THE SCHOOL DISTRICT SHALL SUBMIT AN UPDATED 19,626
FINANCIAL PLAN TO THE SUPERINTENDENT, FOR THE SUPERINTENDENT'S 19,627
APPROVAL, EVERY YEAR THAT THE DISTRICT IS IN A STATE OF FISCAL 19,628
WATCH. THE UPDATED PLAN SHALL BE SUBMITTED IN A FORM ACCEPTABLE 19,629
TO THE SUPERINTENDENT. THE SUPERINTENDENT SHALL APPROVE OR
DISAPPROVE EACH UPDATED PLAN NO LATER THAN THE ANNIVERSARY OF THE 19,630
DATE ON WHICH THE FIRST SUCH PLAN WAS APPROVED. 19,632
(D) A SCHOOL DISTRICT THAT HAS RESTRUCTURED OR REFINANCED 19,635
A LOAN UNDER SECTION 3316.041 OF THE REVISED CODE SHALL BE 19,637
DECLARED TO BE IN A STATE OF FISCAL EMERGENCY IF ANY OF THE 19,638
FOLLOWING OCCURS: 19,639
(1) AN OPERATING DEFICIT IS CERTIFIED FOR THE DISTRICT 19,641
UNDER SECTION 3313.483 OF THE REVISED CODE FOR ANY YEAR PRIOR TO 19,644
THE REPAYMENT OF THE RESTRUCTURED OR REFINANCED LOAN; 19,645
(2) THE SUPERINTENDENT DETERMINES, IN CONSULTATION WITH 19,648
THE AUDITOR OF STATE, THAT THE SCHOOL DISTRICT IS NOT
SATISFACTORILY COMPLYING WITH THE TERMS OF THE FINANCIAL PLAN 19,649
REQUIRED BY THIS SECTION; 19,650
(3) THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT FAILS TO 19,653
SUBMIT AN UPDATED PLAN THAT IS ACCEPTABLE TO THE SUPERINTENDENT 19,654
UNDER DIVISION (C) OF THIS SECTION. 19,655
Sec. 3316.041. (A) NOTWITHSTANDING ANY PROVISION OF 19,658
CHAPTER 133. OR SECTIONS 3313.483 TO 3313.4811 OF THE REVISED 19,661
CODE, AND SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC 19,662
INSTRUCTION, A SCHOOL DISTRICT THAT IS IN A STATE OF FISCAL WATCH 19,663
DECLARED UNDER SECTION 3316.03 OF THE REVISED CODE MAY 19,665
RESTRUCTURE OR REFINANCE LOANS OBTAINED OR IN THE PROCESS OF 19,666
BEING OBTAINED UNDER SECTION 3313.483 OF THE REVISED CODE IF ALL 19,667
OF THE FOLLOWING REQUIREMENTS ARE MET: 19,668
(1) THE OPERATING DEFICIT CERTIFIED FOR THE SCHOOL 19,670
443
DISTRICT FOR THE CURRENT OR PRECEDING FISCAL YEAR UNDER SECTION 19,671
3313.483 OF THE REVISED CODE EXCEEDS FIFTEEN PER CENT OF THE 19,674
DISTRICT'S GENERAL REVENUE FUND FOR THE FISCAL YEAR PRECEDING THE 19,675
YEAR FOR WHICH THE CERTIFICATION OF THE OPERATING DEFICIT IS 19,676
MADE.
(2) THE SCHOOL DISTRICT VOTERS HAVE, DURING THE PERIOD OF 19,679
THE FISCAL WATCH, APPROVED THE LEVY OF A TAX UNDER SECTION
718.09, 718.10, 5705.194, 5705.21, OR 5748.02 OF THE REVISED CODE 19,682
THAT IS NOT A RENEWAL OR REPLACEMENT LEVY AND THAT WILL PROVIDE 19,683
NEW OPERATING REVENUE. 19,684
(3) THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT HAS 19,686
ADOPTED OR AMENDED THE FINANCIAL PLAN REQUIRED BY SECTION 3316.04 19,688
OF THE REVISED CODE TO REFLECT THE RESTRUCTURED OR REFINANCED 19,690
LOANS, AND SETS FORTH THE MEANS BY WHICH THE DISTRICT WILL BRING 19,691
PROJECTED OPERATING REVENUES AND EXPENDITURES, AND PROJECTED DEBT 19,692
SERVICE OBLIGATIONS, INTO BALANCE FOR THE LIFE OF ANY SUCH LOAN. 19,693
(B) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT OF 19,696
PUBLIC INSTRUCTION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO 19,697
EVIDENCE THE RESTRUCTURING OR REFINANCING AUTHORIZED BY THIS 19,698
SECTION. SUCH SECURITIES MAY EXTEND THE ORIGINAL PERIOD FOR 19,699
REPAYMENT NOT TO EXCEED TEN YEARS, AND MAY ALTER THE FREQUENCY 19,700
AND AMOUNT OF REPAYMENTS, INTEREST OR OTHER FINANCING CHARGES, 19,701
AND OTHER TERMS OR AGREEMENTS UNDER WHICH THE LOANS WERE 19,702
ORIGINALLY CONTRACTED, PROVIDED THE LOANS RECEIVED UNDER SECTIONS 19,703
3313.483 OF THE REVISED CODE ARE REPAID FROM FUNDS THE DISTRICT 19,706
WOULD OTHERWISE RECEIVE UNDER SECTIONS 3317.022 TO 3317.025 OF 19,707
THE REVISED CODE, AS REQUIRED UNDER DIVISION (E)(3) OF SECTION 19,709
3313.483 OF THE REVISED CODE. SECURITIES ISSUED FOR THE PURPOSE 19,712
OF RESTRUCTURING OR REFINANCING UNDER THIS SECTION SHALL BE 19,713
REPAID IN EQUAL PAYMENTS AND AT EQUAL INTERVALS OVER THE TERM OF
THE DEBT AND ARE NOT ELIGIBLE TO BE INCLUDED IN ANY SUBSEQUENT 19,715
PROPOSAL TO RESTRUCTURE OR REFINANCE. 19,716
(C) UNLESS THE DISTRICT IS DECLARED TO BE IN A STATE OF 19,718
FISCAL EMERGENCY UNDER DIVISION (D) OF SECTION 3316.04 OF THE 19,719
444
REVISED CODE, A SCHOOL DISTRICT SHALL REMAIN IN A STATE OF FISCAL 19,721
WATCH FOR THE DURATION OF THE REPAYMENT PERIOD OF ANY LOAN 19,722
RESTRUCTURED OR REFINANCED UNDER THIS SECTION. 19,723
Sec. 3317.01. As used in this section and section 3317.011 19,733
of the Revised Code, "school district," unless otherwise 19,734
specified, means any city, local, exempted village, joint 19,735
vocational, or cooperative education school district and also 19,736
includes educational service centers unless otherwise specified. 19,737
As used in sections 3317.02 to 3317.64 of the Revised Code, 19,739
"school district," unless otherwise specified, means city, local, 19,740
and exempted village school districts; "county MR/DD board" means 19,742
a county board of mental retardation and developmental
disabilities; and "handicapped preschool child" means a 19,743
handicapped child, as defined by division (A) of section 3323.01 19,744
of the Revised Code, who is at least three years of age but is 19,745
not of compulsory school age, as defined in section 3321.01 of 19,746
the Revised Code, and who has not entered kindergarten. 19,747
This chapter shall be administered by the state board of 19,749
education. The superintendent of public instruction shall 19,750
calculate the amounts payable to each school district and shall 19,751
certify the amounts payable to each eligible district to the 19,752
treasurer of the district as provided by this chapter. No moneys 19,753
shall be distributed pursuant to this chapter without the 19,754
approval of the controlling board. 19,755
The state board of education shall, in accordance with 19,757
appropriations made by the general assembly, meet the financial 19,758
obligations of this chapter, except that moneys to meet the 19,759
financial obligations of section 3301.17 of the Revised Code 19,760
shall be supplemented from funds available to the state from the 19,761
United States or any agency or department thereof for a driver 19,762
education course of instruction. 19,763
Moneys distributed pursuant to this chapter shall be 19,765
calculated and paid on a fiscal year basis, beginning with the 19,766
first day of July and extending through the thirtieth day of 19,767
445
June. The moneys appropriated for each fiscal year shall be 19,768
distributed at least monthly to each school district unless 19,769
otherwise provided for. The state board shall submit a yearly 19,770
distribution plan to the controlling board at its first meeting 19,771
in July. The state board shall submit any proposed midyear 19,772
revision of the plan at TO the controlling board's first BOARD IN 19,774
January meeting. Any year-end revision of the plan shall be 19,775
submitted to the controlling board in June. If moneys 19,776
appropriated for each fiscal year are distributed other than 19,777
monthly, such distribution shall be on the same basis for each 19,778
school district.
The total amounts paid each month shall constitute, as 19,780
nearly as possible, one-twelfth of the total amount payable for 19,781
the entire year. Payments made during the first six months of 19,782
the fiscal year may be based on an estimate of the amounts 19,783
payable for the entire year. Payments made in the last six 19,784
months shall be based on the final calculation of the amounts 19,785
payable to each school district for that fiscal year. Payments 19,786
made in the last six months may be adjusted, if necessary, to 19,787
correct the amounts distributed in the first six months, and to 19,788
reflect enrollment increases when such are at least three per 19,789
cent. Except as otherwise provided, payments under this chapter 19,790
shall be made only to those school districts in which: 19,791
(A) The school district, except for any educational 19,794
service center and any joint vocational or cooperative education 19,795
school district, levies for current operating expenses at least 19,796
twenty mills. Levies for joint vocational or cooperative 19,797
education school districts or county school financing districts, 19,798
limited to or to the extent apportioned to current expenses, 19,799
shall be included in this qualification requirement. School 19,800
district income tax levies under Chapter 5748. of the Revised 19,801
Code, limited to or to the extent apportioned to current 19,802
operating expenses, shall be included in this qualification 19,803
requirement to the extent determined by the tax commissioner 19,804
446
under division (C) of section 3317.021 of the Revised Code. 19,805
(B) The school year next preceding the fiscal year for 19,807
which such payments are authorized meets the requirement of 19,808
section 3313.48 or 3313.481 of the Revised Code, with regard to 19,809
the minimum number of days or hours school must be open for 19,810
instruction with pupils in attendance, for individualized 19,811
parent-teacher conference and reporting periods, and for 19,812
professional meetings of teachers. This requirement shall be 19,813
waived by the superintendent of public instruction if it had been 19,814
necessary for a school to be closed because of disease epidemic, 19,815
hazardous weather conditions, inoperability of school buses or 19,816
other equipment necessary to the school's operation, damage to a 19,817
school building, or other temporary circumstances due to utility 19,818
failure rendering the school building unfit for school use, 19,819
provided that for those school districts operating pursuant to 19,820
section 3313.48 of the Revised Code the number of days the school 19,821
was actually open for instruction with pupils in attendance and 19,822
for individualized parent-teacher conference and reporting 19,823
periods is not less than one hundred seventy-five, or for those 19,824
school districts operating on a trimester plan the number of days 19,825
the school was actually open for instruction with pupils in 19,826
attendance not less than seventy-nine days in any trimester, for 19,827
those school districts operating on a quarterly plan the number 19,828
of days the school was actually open for instruction with pupils 19,829
in attendance not less than fifty-nine days in any quarter, or 19,830
for those school districts operating on a pentamester plan the 19,831
number of days the school was actually open for instruction with 19,832
pupils in attendance not less than forty-four days in any 19,833
pentamester.
A school district shall not be considered to have failed to 19,835
comply with this division or section 3313.481 of the Revised Code 19,836
because schools were open for instruction but either twelfth 19,837
grade students were excused from attendance for up to three days 19,838
or only a portion of the kindergarten students were in attendance 19,839
447
for up to three days in order to allow for the gradual 19,840
orientation to school of such students. 19,841
The superintendent of public instruction shall waive the 19,843
requirements of this section with reference to the minimum number 19,844
of days or hours school must be in session with pupils in 19,845
attendance for the school year succeeding the school year in 19,846
which a board of education initiates a plan of operation pursuant 19,847
to section 3313.481 of the Revised Code. The minimum 19,848
requirements of this section shall again be applicable to such a 19,849
district beginning with the school year commencing the second 19,850
July succeeding the initiation of one such plan, and for each 19,851
school year thereafter. 19,852
A school district shall not be considered to have failed to 19,854
comply with this division or section 3313.48 or 3313.481 of the 19,855
Revised Code because schools were open for instruction but the 19,856
length of the regularly scheduled school day, for any number of 19,857
days during the school year, was reduced by not more than two 19,858
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 19,860
accordance with, a teachers' salary schedule which complies with 19,861
section 3317.13 of the Revised Code. 19,862
A board of education or governing board of an educational 19,864
service center which has not conformed with other law and the 19,866
rules pursuant thereto, shall not participate in the distribution 19,867
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 19,868
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 19,869
good and sufficient reason established to the satisfaction of the 19,870
state board of education and the state controlling board. 19,871
All funds allocated to school districts under this chapter, 19,873
except those specifically allocated for other purposes, shall be 19,874
used to pay current operating expenses only. 19,875
Sec. 3317.02. As used in sections 3317.02 to 3317.023 and 19,885
section 3317.16 of the Revised Code:
(A) Except as used in division (B) of section 3317.023 of 19,887
448
the Revised Code, "ADM" means the average daily membership 19,888
determined pursuant to section 3317.03 of the Revised Code, 19,889
including the average daily membership certified under division 19,890
(A)(4) of section 3317.03 of the Revised Code but not including 19,891
the average daily membership of pupils attending a joint 19,892
vocational school or counted in a unit funded under division (M) 19,893
or (N) of section 3317.024 of the Revised Code; minus one-half of 19,894
the kindergarten average daily membership IN THE CASE OF ANY 19,896
SCHOOL DISTRICT OTHER THAN AN URBAN OR BIG EIGHT DISTRICT; MINUS 19,898
ONE-FOURTH OF THE EXTENDED KINDERGARTEN AVERAGE DAILY MEMBERSHIP 19,900
AND ONE-HALF OF THE TRADITIONAL KINDERGARTEN AVERAGE DAILY
MEMBERSHIP IN THE CASE OF ANY BIG EIGHT DISTRICT; MINUS 19,903
ONE-FOURTH OF THE ALL-DAY AND EXTENDED KINDERGARTEN AVERAGE DAILY
MEMBERSHIP AND ONE-HALF OF THE TRADITIONAL KINDERGARTEN AVERAGE 19,904
DAILY MEMBERSHIP IN THE CASE OF ANY URBAN DISTRICT; plus 19,906
one-fourth of the average daily membership of pupils enrolled in 19,907
the district and attending a joint vocational school, or a 19,908
vocational school, or a compact or contract vocational school. 19,909
Except for purposes of divisions (C), (D), and (E) of section 19,910
3317.023 of the Revised Code, if the average of the average daily 19,911
membership of a district for the current year and the two 19,912
immediately preceding years is larger than the sum for the 19,913
current year, such average shall be used as the ADM for that 19,914
district for the current year after: deducting the number of 19,915
pupils attending a joint vocational school or counted in division 19,916
(M) or (N) of section 3317.024 of the Revised Code; and, IN THE 19,917
CASE OF ANY SCHOOL DISTRICT OTHER THAN AN URBAN OR BIG EIGHT 19,919
DISTRICT, DEDUCTING one-half of the kindergarten average daily 19,920
membership, AND, IN THE CASE OF ANY BIG EIGHT DISTRICT, DEDUCTING 19,923
ONE-FOURTH OF THE EXTENDED KINDERGARTEN AVERAGE DAILY MEMBERSHIP 19,925
AND ONE-HALF OF THE TRADITIONAL KINDERGARTEN AVERAGE DAILY 19,927
MEMBERSHIP, AND IN THE CASE OF ANY URBAN DISTRICT, DEDUCTING 19,928
ONE-FOURTH OF THE ALL-DAY AND EXTENDED KINDERGARTEN AVERAGE DAILY 19,929
MEMBERSHIP AND ONE-HALF OF THE TRADITIONAL KINDERGARTEN AVERAGE
449
DAILY MEMBERSHIP; and adding one-fourth of the pupils residing in 19,931
the district and attending a joint vocational school. 19,932
(B) "Per pupil" means the amount to which the term refers 19,934
divided by the district's ADM for the fiscal year for which the 19,935
amount was computed. 19,936
(C) "Taxes charged and payable" means the taxes charged 19,938
and payable against real and public utility property after making 19,939
the reduction required by section 319.301 of the Revised Code, 19,940
plus the taxes levied against tangible personal property. 19,941
(D) Except as provided in division (B)(2) of section 19,943
3317.022 of the Revised Code, "total taxable value" means the sum 19,944
of the amounts certified for a city, local, exempted village, or 19,945
joint vocational school district under divisions (A)(1) and (2) 19,946
of section 3317.021 of the Revised Code. 19,947
(E)(1) "Cost-of-doing-business factor" means the amount 19,950
indicated in this division for the county in which the district 19,951
is located, ADJUSTED IN ACCORDANCE WITH DIVISION (E)(2) OF THIS 19,953
SECTION. If the district is located in more than one county, the 19,954
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 19,955
COST-OF-DOING-BUSINESS 19,955
COUNTY FACTOR AMOUNT 19,959
Adams 1.008 19,960
Allen 1.028 19,961
Ashland 1.030 19,962
Ashtabula 1.050 19,963
Athens 1.002 19,964
Auglaize 1.032 19,965
Belmont 1.014 19,966
Brown 1.017 19,967
Butler 1.066 19,968
Carroll 1.018 19,969
Champaign 1.044 19,970
Clark 1.046 19,971
450
Clermont 1.045 19,972
Clinton 1.026 19,973
Columbiana 1.030 19,974
Coshocton 1.020 19,975
Crawford 1.015 19,976
Cuyahoga 1.069 19,977
Darke 1.035 19,978
Defiance 1.019 19,979
Delaware 1.048 19,980
Erie 1.038 19,981
Fairfield 1.036 19,982
Fayette 1.026 19,983
Franklin 1.053 19,984
Fulton 1.037 19,985
Gallia 1.000 19,986
Geauga 1.058 19,987
Greene 1.039 19,988
Guernsey 1.010 19,989
Hamilton 1.075 19,990
Hancock 1.029 19,991
Hardin 1.040 19,992
Harrison 1.014 19,993
Henry 1.037 19,994
Highland 1.015 19,995
Hocking 1.015 19,996
Holmes 1.024 19,997
Huron 1.032 19,998
Jackson 1.017 19,999
Jefferson 1.011 20,000
Knox 1.022 20,001
Lake 1.060 20,002
Lawrence 1.014 20,003
Licking 1.038 20,004
Logan 1.042 20,005
451
Lorain 1.051 20,006
Lucas 1.044 20,007
Madison 1.047 20,008
Mahoning 1.043 20,009
Marion 1.027 20,010
Medina 1.061 20,011
Meigs 1.001 20,012
Mercer 1.021 20,013
Miami 1.043 20,014
Monroe 1.016 20,015
Montgomery 1.047 20,016
Morgan 1.011 20,017
Morrow 1.024 20,018
Muskingum 1.016 20,019
Noble 1.015 20,020
Ottawa 1.051 20,021
Paulding 1.018 20,022
Perry 1.015 20,023
Pickaway 1.035 20,024
Pike 1.014 20,025
Portage 1.057 20,026
Preble 1.052 20,027
Putnam 1.028 20,028
Richland 1.017 20,029
Ross 1.012 20,030
Sandusky 1.036 20,031
Scioto 1.009 20,032
Seneca 1.026 20,033
Shelby 1.029 20,034
Stark 1.031 20,035
Summit 1.062 20,036
Trumbull 1.044 20,037
Tuscarawas 1.012 20,038
Union 1.050 20,039
452
Van Wert 1.018 20,040
Vinton 1.006 20,041
Warren 1.065 20,042
Washington 1.010 20,043
Wayne 1.040 20,044
Williams 1.028 20,045
Wood 1.044 20,046
Wyandot 1.025 20,047
(2) AS USED IN THIS DIVISION, "MULTIPLIER" MEANS THE 20,050
NUMBER FOR THE CORRESPONDING FISCAL YEAR AS FOLLOWS: 20,051
FISCAL YEAR OF THE 20,053
COMPUTATION MULTIPLIER 20,054
1998 9.6/7.5 20,055
1999 10.3/7.5 20,056
2000 11.0/7.5 20,057
2001 11.7/7.5 20,058
2002 12.4/7.5 20,059
2003 13.1/7.5 20,060
2004 13.8/7.5 20,061
2005 14.5/7.5 20,062
2006 15.2/7.5 20,063
2007 15.9/7.5 20,064
2008 16.6/7.5 20,065
2009 17.3/7.5 20,066
2010 AND THEREAFTER 18.0/7.5 20,067
BEGINNING IN FISCAL YEAR 1998, THE DEPARTMENT SHALL 20,070
ANNUALLY ADJUST THE COST-OF-DOING-BUSINESS FACTOR FOR EACH COUNTY 20,071
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 20,072
[(THE COST-OF-DOING-BUSINESS FACTOR SPECIFIED UNDER DIVISION 20,075
(E)(1) OF THIS SECTION - 1) X (THE MULTIPLIER FOR THE FISCAL YEAR 20,076
OF THE CALCULATION)< + 1
THE RESULT OF SUCH FORMULA SHALL BE THE ADJUSTED 20,078
COST-OF-DOING-BUSINESS FACTOR FOR THAT FISCAL YEAR. 20,079
(F) "Tax exempt value" of a school district means the 20,081
453
amount certified for a school district under division (A)(4) of 20,082
section 3317.021 of the Revised Code. 20,083
(G) "Potential value" of a school district means the 20,085
ADJUSTED total taxable value of a school district plus the tax 20,086
exempt value of the district. 20,087
(H) "DISTRICT MEDIAN INCOME" MEANS THE MEDIAN OHIO 20,089
ADJUSTED GROSS INCOME CERTIFIED FOR A SCHOOL DISTRICT. ON OR 20,090
BEFORE THE FIRST DAY OF JULY OF EACH YEAR, THE TAX COMMISSIONER 20,091
SHALL CERTIFY TO THE DEPARTMENT OF EDUCATION FOR EACH CITY, 20,092
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT THE MEDIAN OHIO 20,093
ADJUSTED GROSS INCOME OF THE RESIDENTS OF THE SCHOOL DISTRICT 20,094
DETERMINED ON THE BASIS OF TAX RETURNS FILED FOR THE SECOND 20,095
PRECEDING TAX YEAR BY THE RESIDENTS OF THE DISTRICT.
(I) "STATEWIDE MEDIAN INCOME" MEANS THE MEDIAN DISTRICT 20,097
MEDIAN INCOME OF ALL CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL 20,098
DISTRICTS IN THE STATE.
(J) "INCOME FACTOR" FOR A CITY, EXEMPTED VILLAGE, OR LOCAL 20,100
SCHOOL DISTRICT MEANS THE QUOTIENT OBTAINED BY DIVIDING THAT 20,101
DISTRICT'S MEDIAN INCOME BY THE STATEWIDE MEDIAN INCOME. 20,102
(K) "VALUATION PER PUPIL" FOR A CITY, EXEMPTED VILLAGE, OR 20,104
LOCAL SCHOOL DISTRICT MEANS THE DISTRICT'S TOTAL TAXABLE VALUE 20,105
DIVIDED BY THE DISTRICT'S ADM. 20,106
(L) "ADJUSTED VALUATION PER PUPIL" MEANS THE AMOUNT 20,108
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 20,110
DISTRICT VALUATION PER PUPIL - [$60,000 X (1 - DISTRICT INCOME 20,113
FACTOR)<
IF THE RESULT OF SUCH FORMULA IS NEGATIVE, THE ADJUSTED 20,115
VALUATION PER PUPIL SHALL BE ZERO. 20,117
(M) "ADJUSTED TOTAL TAXABLE VALUE" MEANS ONE OF THE 20,119
FOLLOWING:
(1) IN ANY FISCAL YEAR THAT A DISTRICT'S INCOME FACTOR IS 20,121
LESS THAN OR EQUAL TO ONE, THE PRODUCT OBTAINED BY MULTIPLYING 20,123
THE DISTRICT'S ADJUSTED VALUATION PER PUPIL BY THE DISTRICT'S ADM 20,124
EXCEPT THAT THE ADJUSTED TOTAL TAXABLE VALUE FOR SUCH A DISTRICT 20,125
454
IN FISCAL YEARS 1998 THROUGH 2009 SHALL BE RECALCULATED IN 20,126
ACCORDANCE WITH THE FOLLOWING FORMULA: 20,127
(ADJUSTED TOTAL TAXABLE VALUE X MULTIPLE) + [TOTAL TAXABLE VALUE 20,130
X (1 - MULTIPLE)<
(2) IN ANY FISCAL YEAR THAT A DISTRICT'S INCOME FACTOR IS 20,132
GREATER THAN ONE, THE PRODUCT OBTAINED BY MULTIPLYING THE 20,133
DISTRICT'S ADJUSTED VALUATION PER PUPIL BY THE DISTRICT'S ADM, 20,135
EXCEPT THAT THE ADJUSTED TOTAL TAXABLE VALUE FOR SUCH A DISTRICT 20,137
IN THAT FISCAL YEAR SHALL BE RECALCULATED IN ACCORDANCE WITH THE 20,138
FOLLOWING FORMULA:
(ADJUSTED TOTAL TAXABLE VALUE X 2/15) + (TOTAL TAXABLE VALUE X 20,140
13/15)
(N) "MULTIPLE" MEANS THE NUMBER FOR THE CORRESPONDING 20,142
FISCAL YEAR AS FOLLOWS: 20,144
FISCAL YEAR OF THE 20,146
COMPUTATION MULTIPLE 20,147
1998 1/5 20,149
1999 4/15 20,150
2000 1/3 20,151
2001 2/5 20,152
2002 7/15 20,153
2003 8/15 20,154
2004 3/5 20,155
2005 2/3 20,156
2006 11/15 20,157
2007 4/5 20,158
2008 13/15 20,159
2009 14/15 20,160
(O) "URBAN SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT 20,163
IN FISCAL YEAR 1997 MET EITHER OF THE FOLLOWING CONDITIONS: 20,165
(1) HAD A PERCENTAGE OF CHILDREN RESIDING IN THE DISTRICT 20,168
AND RECEIVING AID TO DEPENDENT CHILDREN GREATER THAN FIFTEEN AND 20,169
ONE-HALF PER CENT, AS REPORTED PURSUANT TO SECTION 3317.10 OF THE 20,170
REVISED CODE, AND HAD AN AVERAGE DAILY MEMBERSHIP GREATER THAN 20,172
455
FIVE THOUSAND FIVE HUNDRED, AS REPORTED PURSUANT TO DIVISION (A) 20,173
OF SECTION 3317.03 OF THE REVISED CODE; 20,174
(2) HAD A PERCENTAGE OF CHILDREN RESIDING IN THE DISTRICT 20,177
AND RECEIVING AID TO DEPENDENT CHILDREN GREATER THAN FIVE PER 20,178
CENT, AS REPORTED PURSUANT TO SECTION 3317.10 OF THE REVISED 20,179
CODE, AND HAD AN AVERAGE DAILY MEMBERSHIP GREATER THAN TWELVE 20,180
THOUSAND, AS REPORTED PURSUANT TO DIVISION (A) OF SECTION 3317.03 20,181
OF THE REVISED CODE. 20,182
(P) "BIG EIGHT SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 20,184
THAT FOR FISCAL YEAR 1997 HAD A PERCENTAGE OF CHILDREN RESIDING 20,185
IN THE DISTRICT AND RECEIVING AID TO DEPENDENT CHILDREN GREATER 20,186
THAN THIRTY PER CENT, AS REPORTED PURSUANT TO SECTION 3317.10 OF 20,187
THE REVISED CODE, AND HAD AN AVERAGE DAILY MEMBERSHIP GREATER 20,189
THAN TWELVE THOUSAND, AS REPORTED PURSUANT TO DIVISION (A) OF 20,190
SECTION 3317.03 OF THE REVISED CODE. 20,191
(Q) "ALL-DAY KINDERGARTEN" MEANS A KINDERGARTEN CLASS THAT 20,193
IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN THE SAME 20,194
NUMBER OF CLOCK HOURS EACH DAY AS FOR PUPILS IN GRADES ONE 20,195
THROUGH SIX.
(R) "EXTENDED KINDERGARTEN" MEANS A KINDERGARTEN CLASS 20,197
THAT IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN ONE HOUR 20,198
LONGER EACH DAY THAN THE NUMBER OF CLOCK HOURS REQUIRED FOR 20,199
KINDERGARTEN BY THE MINIMUM STANDARDS ADOPTED UNDER SECTION 20,200
3301.07 OF THE REVISED CODE.
(S) "TRADITIONAL KINDERGARTEN" MEANS KINDERGARTEN THAT IS 20,202
NEITHER ALL-DAY KINDERGARTEN NOR EXTENDED KINDERGARTEN. 20,203
Sec. 3317.022. (A) As used in the computation under this 20,212
section, the "formula amount" equals $3,500 3,685. The 20,213
department of education shall compute and distribute state aid to 20,215
each school district for each fiscal year in accordance with the 20,216
following formula, using ADJUSTED TOTAL TAXABLE VALUE AS DEFINED 20,217
UNDER DIVISION (M) OF SECTION 3317.02 OF THE REVISED CODE AND the 20,218
information obtained under section 3317.021 of the Revised Code 20,220
in the calendar year in which the fiscal year begins: 20,221
456
Compute the following for each eligible district: 20,224
(cost-of-doing-business factor X the formula amount X ADM)°/- 20,225
(.023 X ADJUSTED total taxable value) 20,226
If the difference obtained is a negative number, the 20,228
district's computation shall be zero. 20,229
(B)(1) For each school district for which the tax exempt 20,231
value of the district equals or exceeds twenty-five per cent of 20,232
the potential value of the district, the department of education 20,233
shall calculate the difference between the district's tax exempt 20,234
value and twenty-five per cent of the district's potential value. 20,235
(2) For each school district to which division (B)(1) of 20,237
this section applies, the ADJUSTED total taxable value used in 20,238
the calculation under division (A) of this section shall be the 20,239
ADJUSTED total taxable value modified by subtracting the amount 20,240
calculated under division (B)(1) of this section. 20,241
(C) If in any fiscal year insufficient funds are 20,243
appropriated to provide each school district the amount of money 20,244
calculated under the formula in division (A) of this section and 20,245
pursuant to other sections of this chapter, such calculated 20,246
amounts shall be reduced in accordance with any formula provided 20,247
for that purpose by the general assembly in its main biennial 20,248
appropriations act. 20,249
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 20,258
the Revised Code, the amounts required to be paid to a district 20,259
under that section shall be adjusted by the amount of the 20,260
computations made under divisions (B) to (L) of this section. 20,261
As used in this section: 20,263
(1) "Classroom teacher" means a licensed employee who 20,265
provides direct instruction to pupils, excluding teachers funded 20,266
from money paid to the district from federal sources; educational 20,267
service personnel; and vocational and special education teachers. 20,268
(2) "Educational service personnel" shall not include such 20,270
specialists funded from money paid to the district from federal 20,271
sources or assigned full-time to vocational or special education 20,272
457
students and classes and may only include those persons employed 20,273
in the eight specialist areas in a pattern approved by the 20,274
department of education under guidelines established by the state 20,275
board of education. 20,276
(3) "Annual salary" means the annual base salary stated in 20,278
the state minimum salary schedule for the performance of the 20,279
teacher's regular teaching duties that the teacher earns for 20,280
services rendered for the first full week of October of the 20,281
fiscal year for which the adjustment is made under division (D) 20,282
of this section. It shall not include any salary payments for 20,283
supplemental teachers contracts. 20,284
(B)(1)(4) AS USED IN DIVISION (B) OF THIS SECTION, 20,287
"AVERAGE DAILY MEMBERSHIP" MEANS THE THREE-YEAR AVERAGE NUMBER OF 20,288
PUPILS IN GRADES ONE THROUGH TWELVE PLUS ONE-HALF THE 20,289
KINDERGARTEN AVERAGE DAILY MEMBERSHIP CERTIFIED UNDER SECTION 20,290
3317.03 OF THE REVISED CODE FOR THE CURRENT AND PRECEDING TWO
FISCAL YEARS, EXCEPT THAT: 20,291
(a) IN THE CASE OF A BIG EIGHT DISTRICT "AVERAGE DAILY 20,295
MEMBERSHIP" MEANS THE THREE-YEAR AVERAGE NUMBER OF PUPILS IN
GRADES ONE THROUGH TWELVE, PLUS THE THREE-YEAR AVERAGE NUMBER OF 20,296
PUPILS IN ALL-DAY KINDERGARTEN, PLUS THREE-FOURTHS OF THE 20,298
THREE-YEAR AVERAGE NUMBER OF PUPILS IN EXTENDED KINDERGARTEN, 20,299
PLUS ONE-HALF OF THE THREE-YEAR AVERAGE NUMBER OF PUPILS IN
TRADITIONAL KINDERGARTEN, ALL CERTIFIED UNDER DIVISION (A) OF 20,301
THAT SECTION FOR THE CURRENT AND PRECEDING TWO FISCAL YEARS; 20,303
(b) IN THE CASE OF AN URBAN DISTRICT, "AVERAGE DAILY 20,306
MEMBERSHIP" MEANS THE THREE-YEAR AVERAGE NUMBER OF PUPILS IN 20,307
GRADES ONE THROUGH TWELVE, PLUS THREE-FOURTHS OF THE THREE-YEAR 20,309
AVERAGE NUMBER OF PUPILS IN ALL-DAY OR EXTENDED KINDERGARTEN, 20,310
PLUS ONE-HALF OF THE THREE-YEAR AVERAGE NUMBER OF PUPILS IN
TRADITIONAL KINDERGARTEN, ALL AS CERTIFIED UNDER DIVISION (A) OF 20,312
THAT SECTION FOR THE CURRENT AND PRECEDING TWO FISCAL YEARS. 20,313
(5) As used in this division (B) OF THIS SECTION, "per 20,316
cent figure" means a school district's three-year average number 20,317
458
of ADC children divided by the district's three-year average of 20,318
the average daily membership in grades one through twelve and 20,319
one-half the kindergarten average daily membership, multiplied by 20,320
one hundred. 20,321
(6) AS USED IN DIVISIONS (A)(5) AND (B) OF THIS SECTION, 20,324
"AID TO DEPENDENT CHILDREN" AND "ADC" MEAN:
(a) AID PROVIDED UNDER CHAPTER 5107. OF THE REVISED CODE 20,327
PRIOR TO OCTOBER 1, 1996;
(b) CASH ASSISTANCE PROVIDED ON OR AFTER OCTOBER 1, 1996, 20,330
UNDER A STATE PROGRAM OPERATED PURSUANT TO TITLE IV-A OF THE 20,331
"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS 20,333
AMENDED, REGARDLESS OF THE NAME USED TO DESIGNATE THAT 20,334
ASSISTANCE.
(B)(1)(a) If the three-year average of the number of 20,336
children ages five to seventeen residing in the district and 20,337
living in a family receiving aid to dependent children, as 20,338
certified or adjusted under section 3317.10 of the Revised Code 20,339
for the current and preceding two fiscal years, is equal to five 20,341
per cent or more of the number of pupils in the three-year 20,342
average of the average daily membership in grades one through 20,343
twelve and one-half the kindergarten average daily membership, 20,344
certified under section 3317.03 of the Revised Code for the 20,345
current and preceding two fiscal years, add the amount computed 20,346
for the district in accordance with the following schedule, AS 20,347
ADJUSTED BY DIVISION (B)(1)(b) OF THIS SECTION: 20,348
THREE-YEAR AVERAGE NUMBER OF 20,350
ADC CHILDREN DIVIDED BY THREE-YEAR 20,351
AVERAGE OF THE AVERAGE DAILY MEMBERSHIP 20,352
IN GRADES ONE THROUGH TWELVE AND 20,353
ONE-HALF THE KINDERGARTEN AVERAGE PAYMENT PER ADC CHILD IN 20,355
DAILY MEMBERSHIP THE THREE-YEAR AVERAGE 20,357
At least 5%, but less than 10% $198.00 x number of ADCchildren 20,362
459
At least 10%, but less than 20% (($101.50 x per cent 20,365
figure) minus $817.00) 20,366
x number of ADCchildren
At least 20%, but less than 30% (($7.50 x per cent 20,369
figure) plus $1,063.00) 20,370
x number of ADCchildren
At least 30% 1,288.00 x number of 20,373
ADC children
(b) IN FISCAL YEAR 1998, FOR SCHOOL DISTRICTS WITH A PER 20,377
CENT FIGURE OF AT LEAST FIVE, INCREASE THE AMOUNT DETERMINED 20,378
UNDER DIVISION (B)(1)(a) OF THIS SECTION BY FOUR PER CENT. IN 20,380
FISCAL YEAR 1999, DETERMINE THE PER-ADC-CHILD AMOUNT THE DISTRICT 20,381
WOULD HAVE RECEIVED IN FISCAL YEAR 1998 UNDER DIVISIONS (B)(1)(a) 20,383
AND (b) OF THIS SECTION, BASED ON ITS PER CENT FIGURE FOR FISCAL 20,384
YEAR 1999, AND INCREASE THAT AMOUNT BY FIVE PER CENT. 20,385
(2) If in any year the sum of the additions made under 20,387
this division is less than ninety-seven per cent of the amount 20,388
appropriated for this division for that year, the department of 20,389
education shall increase the amount added for each district under 20,390
this division. The amount so added for each district shall equal 20,391
(1) the difference between ninety-seven per cent of the amount 20,392
appropriated and the total amount of the additions prior to such 20,393
increase, times (2) the percentage that the amount added for the 20,394
district prior to the increase was of the total of such amount 20,395
added for all districts. 20,396
(3) Except as provided in division (B)(4) of this section, 20,398
a district shall expend at least seventy per cent of any addition 20,400
received under this division for any of the following: 20,401
(a) The purchase of technology for instructional purposes; 20,404
(b) All-day kindergarten; 20,406
(c) Reduction of class sizes; 20,408
(d) Summer school remediation or other remedial programs; 20,410
460
(e) Dropout prevention programs; 20,412
(f) Guaranteeing that all third graders are ready to 20,414
progress to more advanced work; 20,415
(g) Summer education and work programs; 20,417
(h) Adolescent pregnancy programs; 20,419
(i) Head start or preschool programs; 20,421
(j) Reading improvement programs described by the 20,423
department of education; 20,424
(k) Programs designed to ensure that schools are free of 20,426
drugs and violence and have a disciplined environment conducive 20,427
to learning; 20,428
(l) Furnishing free of charge materials used in courses of 20,430
instruction, except for the necessary textbooks required to be 20,431
furnished without charge pursuant to section 3329.06 of the 20,432
Revised Code, to pupils living in families receiving aid to 20,433
dependent children in accordance with section 3313.642 of the 20,434
Revised Code; 20,435
(m) School breakfasts provided pursuant to section 20,437
3313.813 of the Revised Code. 20,438
(4) Except as provided in division (B) of section 20,440
3301.0719 of the Revised Code, each at-risk school district, as 20,441
defined in division (A)(2)(3) of section 3301.0719 of the Revised 20,443
Code, that receives at least three hundred thousand dollars under
divisions (B)(1) and (2) of this section shall expend at least 20,444
one-tenth of the amount described in division (B)(3) of this 20,445
section for either all-day kindergarten classes with a student 20,446
teacher ratio of fifteen to one or for reduction of class sizes 20,447
in grades kindergarten to four to a fifteen to one student 20,448
teacher ratio, or both. Such districts shall also expend such 20,449
funds to provide training for teachers participating in such 20,450
programs on an ongoing basis, including at least six days of 20,451
training each school year. Amounts expended for all-day 20,452
kindergarten under this section shall only be expended to provide 20,453
additional all-day kindergarten classes not in existence on July 20,454
461
26, 1991. Upon the request of a board of education, the state 20,455
board of education may grant an exemption from the requirement of 20,456
division (B)(4) of this section if the district board satisfies 20,457
the state board that the district has insufficient physical 20,458
facilities to implement this requirement. 20,459
(5) Each district shall maintain the portion required to 20,461
be spent under division (B)(3) of this section in a separate 20,462
district account. Each district shall submit to the department, 20,463
in such format and at such time as the department shall specify, 20,464
a report on the programs for which it expended funds under this 20,465
division. 20,466
(C) If the district employs less than one full-time 20,468
equivalent classroom teacher for each twenty-five pupils in ADM 20,469
in any school district, deduct the sum of the amounts obtained 20,470
from the following computations: 20,471
(1) Divide the number of the district's full-time 20,473
equivalent classroom teachers employed by one twenty-fifth; 20,474
(2) Subtract the quotient in (1) from the district's ADM; 20,476
(3) Multiply the difference in (2) by seven hundred 20,478
fifty-two dollars. 20,479
(D) If a positive amount, add one-half of the amount 20,481
obtained by multiplying the number of full-time equivalent 20,482
classroom teachers by: 20,483
(1) The mean annual salary of all full-time equivalent 20,485
classroom teachers employed by the district at their respective 20,486
training and experience levels minus; 20,487
(2) The mean annual salary of all such teachers at their 20,489
respective levels in all school districts receiving payments 20,490
under this section. 20,491
The number of full-time equivalent classroom teachers used 20,493
in this computation shall not exceed one twenty-fifth of the 20,494
district's ADM. In calculating the district's mean salary under 20,495
this division, those full-time equivalent classroom teachers with 20,496
the highest training level shall be counted first, those with the 20,497
462
next highest training level second, and so on, in descending 20,498
order. Within the respective training levels, teachers with the 20,499
highest years of service shall be counted first, the next highest 20,500
years of service second, and so on, in descending order. 20,501
(E) This division does not apply to a school district that 20,503
has entered into an agreement under division (A) of section 20,504
3313.42 of the Revised Code. Deduct the amount obtained from the 20,505
following computations if the district employs fewer than five 20,506
full-time equivalent educational service personnel, including 20,507
elementary school art, music, and physical education teachers, 20,508
counselors, librarians, visiting teachers, school social workers, 20,509
and school nurses for each one thousand pupils in ADM: 20,510
(1) Divide the number of full-time equivalent educational 20,512
service personnel employed by the district by five 20,513
one-thousandths; 20,514
(2) Subtract the quotient in (1) from the district's ADM; 20,516
(3) Multiply the difference in (2) by ninety-four dollars. 20,518
(F) If a local school district, or a city or exempted 20,520
village school district to which a governing board of an 20,522
educational service center provides services pursuant to section 20,523
3313.843 of the Revised Code, deduct the amount of the payment 20,524
required for the reimbursement of the governing board under 20,526
section 3317.11 of the Revised Code. 20,527
(G)(1) If the district is required to pay to or entitled 20,529
to receive tuition from another school district under division 20,530
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 20,531
Revised Code, or if the superintendent of public instruction is 20,532
required to determine the correct amount of tuition and make a 20,533
deduction or credit under section 3317.08 of the Revised Code, 20,534
deduct and credit such amounts as provided in division (I) of 20,535
section 3313.64 or section 3317.08 of the Revised Code. 20,536
(2) For each child for whom the district is responsible 20,538
for tuition under division (A)(1) of section 3317.082 or under 20,539
division (B)(1) of section 3323.091 of the Revised Code, deduct 20,540
463
the amount of tuition for which the district is responsible. 20,541
(H) If the district has been certified by the 20,543
superintendent of public instruction under section 3313.90 of the 20,544
Revised Code as not in compliance with the requirements of that 20,545
section, deduct an amount equal to ten per cent of the amount 20,546
computed for the district under section 3317.022 of the Revised 20,547
Code. 20,548
(I) If the amount computed by the department of education 20,550
under division (I)(1) of this section is less than the amount 20,551
computed under division (I)(2) of this section, add an amount 20,552
equal to the result obtained by subtracting the amount computed 20,553
under division (I)(1) from the amount computed under division 20,554
(I)(2) of this section. 20,555
The department of education shall compute both of the 20,557
following for each district: 20,558
(1) The sum of the amounts computed for the district under 20,560
section 3317.022 and division (N) of section 3317.024 of the 20,561
Revised Code for units approved under division (B) of section 20,562
3317.05 of the Revised Code. 20,563
(2) The amount the district would be entitled to receive 20,565
under section 3317.022 of the Revised Code if the ADM used in the 20,566
computation required by that section included the number of 20,567
full-time equivalent pupils enrolled in the units for handicapped 20,568
children approved under division (B) of section 3317.05 of the 20,569
Revised Code that are used to make the computation required by 20,570
division (N)(1)(a) of section 3317.024 of the Revised Code. 20,571
(J) If the district has received a loan from a commercial 20,573
lending institution for which payments are made by the 20,574
superintendent of public instruction pursuant to division (E)(3) 20,575
of section 3313.483 of the Revised Code, deduct an amount equal 20,576
to such payments. 20,577
(K)(1) If the district is a party to an agreement entered 20,579
into under division (D), (E), or (F) of section 3311.06 or 20,580
division (B) of section 3311.24 of the Revised Code and is 20,581
464
obligated to make payments to another district under such an 20,582
agreement, deduct an amount equal to such payments if the 20,583
district school board notifies the department in writing that it 20,584
wishes to have such payments deducted. 20,585
(2) If the district is entitled to receive payments from 20,587
another district that has notified the department to deduct such 20,588
payments under division (K)(1) of this section, add the amount of 20,589
such payments. 20,590
(L) If the district is required to pay an amount of funds 20,592
to a cooperative education district pursuant to a provision 20,593
described by division (B)(4) of section 3311.52 or division 20,594
(B)(8) of section 3311.521 of the Revised Code, deduct such 20,595
amounts as provided under that provision and credit those amounts 20,596
to the cooperative education district for payment to the district 20,597
under division (B)(1) of section 3317.19 of the Revised Code. 20,598
Sec. 3317.026. (A) AS USED IN THIS SECTION, "REFUNDED 20,601
TAXES" MEANS TAXES CHARGED AND PAYABLE FROM REAL AND TANGIBLE 20,602
PERSONAL PROPERTY, INCLUDING PUBLIC UTILITY PROPERTY, THAT HAVE 20,603
BEEN FOUND TO HAVE BEEN OVERPAID AS THE RESULT OF REDUCTIONS IN 20,604
THE TAXABLE VALUE OF SUCH PROPERTY AND THAT HAVE BEEN REFUNDED, 20,605
INCLUDING ANY INTEREST OR PENALTY REFUNDED WITH THOSE TAXES. IF 20,606
TAXES ARE REFUNDED PURSUANT TO A WRITTEN UNDERTAKING ENTERED INTO 20,607
UNDER DIVISION (D) OF SECTION 319.36 OR DIVISION (C) OF SECTION 20,608
5727.471 OF THE REVISED CODE, THE TOTAL AMOUNT OF TAXES REQUIRED 20,611
TO BE REFUNDED, EXCLUDING ANY INTEREST ACCRUING AFTER THE DAY THE 20,612
UNDERTAKING IS ENTERED INTO, SHALL BE CONSIDERED TO HAVE BEEN 20,613
REFUNDED ON THE DAY THE FIRST INSTALLMENT IS PAID PURSUANT TO THE
UNDERTAKING. 20,614
(B) NOT LATER THAN THE LAST DAY OF FEBRUARY EACH YEAR, 20,617
EACH COUNTY AUDITOR SHALL CERTIFY TO THE TAX COMMISSIONER, FOR 20,618
EACH SCHOOL DISTRICT IN THE COUNTY, THE AMOUNT OF REFUNDED TAXES 20,619
REFUNDED IN THE PRECEDING CALENDAR YEAR AND THE REDUCTIONS IN 20,620
TAXABLE VALUE THAT RESULTED IN THOSE REFUNDS, EXCEPT FOR 20,621
REDUCTIONS IN TAXABLE VALUE THAT PREVIOUSLY HAVE BEEN REPORTED TO 20,622
465
THE TAX COMMISSIONER ON AN ABSTRACT. IF THE TAX COMMISSIONER 20,623
DETERMINES THAT THE AMOUNT OF REFUNDED TAXES CERTIFIED FOR A 20,624
SCHOOL DISTRICT EXCEEDS THREE PER CENT OF THE TOTAL TAXES CHARGED 20,625
AND PAYABLE FOR CURRENT EXPENSES OF THE SCHOOL DISTRICT FOR THE 20,627
CALENDAR YEAR IN WHICH THOSE TAXES WERE REFUNDED, THE TAX 20,628
COMMISSIONER SHALL CERTIFY THE REDUCTIONS IN TAXABLE VALUE THAT 20,629
RESULTED IN THOSE REFUNDS ON OR BEFORE THE FIRST DAY OF JUNE TO 20,630
THE DEPARTMENT OF EDUCATION. UPON RECEIVING THE CERTIFICATION BY 20,631
THE TAX COMMISSIONER, THE DEPARTMENT OF EDUCATION SHALL REDUCE 20,632
THE TOTAL TAXABLE VALUE OF THE SCHOOL DISTRICT, AS DEFINED IN 20,633
SECTION 3317.02 OF THE REVISED CODE, BY THE AMOUNT OF THE 20,634
REDUCTIONS IN TAXABLE VALUE THAT RESULTED IN THOSE REFUNDS FOR 20,635
THE PURPOSE OF COMPUTING THE STATE AID FOR THE SCHOOL DISTRICT 20,637
FOR THE CURRENT FISCAL YEAR UNDER SECTION 3317.022 OF THE REVISED 20,638
CODE. THE INCREASE IN THE AMOUNT OF SUCH AID RESULTING FROM THE 20,639
ADJUSTMENT REQUIRED BY THIS SECTION SHALL BE PAID TO THE SCHOOL 20,640
DISTRICT ON OR BEFORE THE THIRTIETH DAY OF JUNE OF THE CURRENT 20,642
YEAR.
(C) IF AN ADJUSTMENT IS MADE UNDER THIS SECTION IN THE 20,645
AMOUNT OF STATE AID PAID TO A SCHOOL DISTRICT, THE TAX VALUE 20,646
REDUCTIONS FROM WHICH THAT ADJUSTMENT RESULTS SHALL NOT BE USED 20,647
IN RECOMPUTING AID TO A SCHOOL DISTRICT UNDER SECTION 3317.027 OR 20,648
3317.028 OF THE REVISED CODE. 20,649
Sec. 3317.0212. (A) As used in this section: 20,658
(1) "Basic aid" means the amount computed for a school 20,660
district under sections 3317.022, 3317.023, and 3317.025 to 20,661
3317.028 of the Revised Code for the fiscal year, exclusive of 20,662
the amount computed under division (B) of section 3317.023 of the 20,663
Revised Code and before any deductions or credits required by 20,664
division (G), (I), or (J) of that section. 20,665
(2) "1991 state aid" means the district's basic aid for 20,667
fiscal year 1991 plus any amount for which it was eligible for 20,668
that year under the heading "basic aid guarantee" in section 20,669
46.08 of Amended Substitute House Bill No. 111 of the 118th 20,670
466
general assembly. 20,671
(3) "School district" means a city, local, or exempted 20,673
village school district that meets the requirements of section 20,674
3317.01 of the Revised Code for receipt of state aid payments. 20,675
(4) "Valuation per pupil" means the amount defined under 20,677
division (D) of section 3317.02 of the Revised Code divided by 20,678
the school district's average daily membership for the fiscal 20,679
year for which the amount was computed. 20,680
(5) "Average daily membership" has the meaning prescribed 20,682
by division (A) of section 3317.02 of the Revised Code. 20,683
(6) "1992 actual aid" means the amount a school district 20,686
finally received for fiscal year 1992 under sections 3317.022, 20,687
3317.023, and 3317.025 to 3317.028 of the Revised Code, after any 20,689
reductions made pursuant to Section 59.13 of Am. Sub. H.B. 298 of 20,691
the 119th general assembly, exclusive of the amount received 20,693
under division (B) of section 3317.023 of the Revised Code and 20,695
not including any deduction or credits required by division (G), 20,697
(I), or (J) of that section. 20,698
(B) Except as provided in divisions (C), (D), and (E) of 20,701
this section, if a school district's basic aid for any fiscal 20,702
year is less than that district's 1991 state aid, the state 20,703
department of education shall pay the district one hundred per 20,704
cent of the difference between its basic aid for that year and 20,706
its 1991 state aid.
(C) Notwithstanding division (B) of this section and 20,709
except as provided in divisions (D) and (E) of this section, if a 20,711
school district's basic aid for any fiscal year is less than that 20,713
district's fiscal year 1992 actual aid and the district did not 20,715
receive a payment for fiscal year 1992 pursuant to division (B) 20,717
of this section, the department of education shall pay such 20,718
district one hundred per cent of the difference between its basic 20,719
aid for that fiscal year and its fiscal year 1992 actual aid, or 20,720
one hundred per cent of the difference between its basic aid for 20,723
that fiscal year and its fiscal year 1991 state aid, whichever is 20,724
467
the greater amount. 20,725
(D) The EXCEPT IN THE CASE OF A SCHOOL DISTRICT WHOSE 20,727
AVERAGE DAILY MEMBERSHIP IS LESS THAN ONE HUNDRED, THE one 20,728
hundred per cent figure referred to in divisions (B) and (C) of 20,730
this section shall be reduced by a percentage equal to the sum of 20,731
the following:
(1) Fifteen per cent times the number of years after 20,733
fiscal year 1992 that the district had a valuation per pupil of 20,734
two hundred eighty-five thousand dollars or more; 20,735
(2) Five per cent times the number of years after fiscal 20,737
year 1994 that the district had a valuation per pupil of at least 20,738
two hundred thousand but less than two hundred eighty-five 20,739
thousand dollars. 20,740
If the sum of the percentages in divisions (D)(1) and (2) 20,743
of this section is equal to or greater than one hundred per cent, 20,744
the school district shall not receive a payment under this 20,746
section.
(E) No EXCEPT IN THE CASE OF A SCHOOL DISTRICT WHOSE 20,748
AVERAGE DAILY MEMBERSHIP IS LESS THAN ONE HUNDRED, NO school 20,749
district that has received a payment under division (D) of this 20,752
section or under division (C) or (D) of this section as such 20,755
divisions existed on June 30, 1995, shall receive any payment 20,756
under this section in excess of the smallest payment it has ever 20,757
received under division (D) of this section or division (C) or 20,759
(E) of this section as such divisions existed on June 30, 1995. 20,761
Sec. 3317.0213. (A) As used in this section: 20,770
(1) "ADM" for any school district means the average daily 20,772
membership described by division (A) of section 3317.02 of the 20,773
Revised Code, as finally determined by the department of 20,774
education in calculating the district's payments under section 20,775
3317.022 of the Revised Code for the preceding fiscal year. 20,776
(2) "Total taxable value" means the sum of the average of 20,778
the amounts certified for a district in the second, third, and 20,779
fourth preceding fiscal years under divisions (A)(1) and (2) of 20,780
468
section 3317.021 of the Revised Code. 20,781
(3) "District median income" means the median Ohio 20,783
adjusted gross income certified for a district under division (B) 20,784
of this section. 20,785
(4) "Statewide median income" means the median district 20,787
median income of all school districts in the state. 20,788
(5) "Income factor" for a district means the quotient 20,790
obtained by dividing that district's median income by the 20,791
statewide median income. 20,792
(6) "Valuation per pupil" for a district means the 20,794
district's total taxable value, divided by the district's ADM. 20,795
(7) "Threshold valuation" means the annual per pupil 20,797
adjusted valuation amount resulting from PER PUPIL OF THE SCHOOL 20,798
DISTRICT WITH THE TWO HUNDRED NINETY-THIRD LOWEST ADJUSTED 20,799
VALUATION PER PUPIL IN THE STATE, ACCORDING TO DATA AVAILABLE AT 20,800
THE TIME OF the computation under division (B)(2)(C) of this 20,801
section.
(8) "Adjusted valuation per pupil" for a district means an 20,803
amount calculated in accordance with the following formula: 20,804
The district's valuation per pupil - ($30,000 X (one minus 20,807
the district's income factor))
(B)(1) On or before the first day of July of each year, 20,809
the tax commissioner shall certify to the department of education 20,810
for each city, exempted village, and local school district the 20,811
median Ohio adjusted gross income of the residents of the school 20,812
district determined on the basis of tax returns filed for the 20,813
second preceding tax year by the residents of the district. The 20,814
amount certified shall be used in calculating the district's 20,815
income factor. 20,816
(2) Annually by the first day of August, the 20,818
superintendent of public instruction shall compute the highest 20,819
per pupil adjusted valuation that, when inserted into the formula 20,820
in division (C) of this section as the threshold valuation, will 20,821
result in the distribution of the full calculated amount under 20,822
469
the formula for each school district having an adjusted per pupil 20,823
valuation below the threshold valuation, without exceeding the 20,824
amount appropriated by the general assembly for the purposes of 20,825
this section for that fiscal year. 20,826
In making the calculation required by this division, the 20,828
superintendent shall use what he deems to be the best available 20,830
data as of the calculation date.
(C) Beginning in fiscal year 1993, during August of each 20,832
fiscal year, the department of education shall distribute to each 20,833
school district meeting the requirements of section 3317.01 of 20,834
the Revised Code whose adjusted valuation per pupil is less than 20,835
the threshold valuation, an amount calculated in accordance with 20,836
the following formula: 20,837
(The threshold valuation - the district's adjusted valuation per 20,840
pupil) X .013 X ADM 20,841
Sec. 3317.03. Except for handicapped preschool children in 20,850
units approved by the state board of education under division (E) 20,851
of section 3317.05 of the Revised Code, handicapped preschool 20,852
children shall not be counted in any calculation under this 20,853
section or included in any determination of average daily 20,854
membership under this section. 20,855
(A) Except as otherwise provided in this section, the 20,857
superintendent of each city and exempted village school district 20,860
and of each educational service center shall, for the schools 20,861
under the superintendent's supervision, certify each of the 20,862
following to the state board of education on or before the 20,863
fifteenth day of October in each year:
(1) The total average daily membership in regular day 20,865
classes for the first full school week in the month of October 20,866
for ALL-DAY KINDERGARTEN, EXTENDED KINDERGARTEN, AND TRADITIONAL 20,867
kindergarten, ALL AS DEFINED IN SECTION 3317.02 OF THE REVISED 20,868
CODE; grades one through six,; and grades seven through twelve in 20,870
each school under the superintendent's supervision; 20,871
(2) The average daily membership based upon full-time 20,873
470
equivalency in approved vocational units and in joint vocational 20,874
school districts; 20,875
(3) The average daily membership of all handicapped 20,877
children in classes in the district and in the educational 20,879
service center's territory that are eligible for approval by the 20,880
state board of education under division (B) or (E) of section 20,881
3317.05 of the Revised Code and the number of such classes; 20,882
(4) The average daily membership based upon full-time 20,884
equivalency in schools of a cooperative education school 20,885
district. 20,886
The average daily membership in vocational units, in 20,888
approved classes in licensed proprietary schools, and in joint 20,889
vocational and cooperative education districts shall be based 20,890
upon the number of full-time equivalent students in attendance in 20,891
such units and districts. The state board of education shall 20,892
adopt rules defining full-time equivalent students and for 20,893
determining the average daily membership therefrom. The average 20,894
daily membership of pupils enrolled in approved vocational 20,895
classes in licensed proprietary schools may be counted, pursuant 20,896
to section 3313.90 of the Revised Code, only where standards as 20,897
to facilities and staffing are comparable, as determined by the 20,898
superintendent of public instruction, to those established by the 20,899
state board of education for public schools. No child shall be 20,900
counted more than once in the average daily membership of a 20,901
school district. The superintendent of each joint vocational and 20,902
cooperative education school district shall similarly certify to 20,903
the superintendent of public instruction the average daily 20,904
membership for all classes in the joint vocational or cooperative 20,905
education school district, also indicating the city, local, or 20,906
exempted village school district of residence for each pupil. 20,907
(B) The superintendent of each city, exempted village, 20,910
joint vocational, or cooperative education school district, and 20,911
the superintendent of the educational service center on behalf of 20,912
local districts, operating on a trimester plan, on a quarterly 20,913
471
plan, or on a pentamester plan shall estimate the number of 20,914
students for ALL-DAY KINDERGARTEN, EXTENDED KINDERGARTEN, 20,915
TRADITIONAL kindergarten, grades one through six, and grades 20,916
seven through twelve in each school under the superintendent's 20,918
supervision; the average daily membership based upon full-time 20,919
equivalency in approved vocational units and in joint vocational 20,920
and cooperative education school districts; and the average daily 20,921
membership of all handicapped children in classes approved 20,922
annually by the state board of education under division (B) or 20,923
(E) of section 3317.05 of the Revised Code under the 20,924
superintendent's supervision not actually enrolled in the first 20,926
full week of October, but whose enrollment is anticipated in the 20,927
next succeeding trimester, quarter, or pentamester and shall 20,928
certify this estimate to the state board of education in addition 20,929
to the certification of total average daily membership of those 20,930
students actually enrolled during the first full week in October. 20,931
For the purposes of this report and for the purpose of the 20,932
calculation of classroom units under section 3317.05 of the 20,933
Revised Code, the estimates so certified shall be interpreted as 20,934
though the number of students contained therein were actually 20,935
enrolled during the first full week of October. In no case shall 20,936
such estimate exceed fifty per cent of the total average daily 20,937
membership calculated on those students actually enrolled during 20,938
the first week in October for districts operating on a trimester 20,939
plan. In no case shall such estimate exceed thirty-three and 20,940
one-third per cent of the total average daily membership 20,941
calculated on those students actually enrolled during the first 20,942
full week of October for districts operating on a quarterly plan. 20,943
In no case shall such estimate exceed twenty-five per cent of the 20,944
total average daily membership calculated on those students 20,945
actually enrolled during the first week in October for districts 20,946
operating on a pentamester plan. Within ten days after the 20,947
conclusion of the third full week of the next succeeding 20,948
trimester for those districts operating on a trimester plan or 20,949
472
the next succeeding quarter for those districts operating on a 20,950
quarterly plan, or the next succeeding pentamester for those 20,951
districts operating on a pentamester plan, the appropriate 20,952
superintendent shall certify to the state board of education the 20,953
actual number of students for ALL-DAY KINDERGARTEN, EXTENDED 20,954
KINDERGARTEN, TRADITIONAL kindergarten, grades one through six, 20,955
and grades seven through twelve in each school under such 20,956
superintendent's supervision; the average daily membership based 20,958
upon full-time equivalency in approved vocational units and in 20,959
joint vocational and cooperative education school districts; and 20,960
the average daily membership of all handicapped children in 20,961
classes approved annually by the state board of education under 20,962
division (B) or (E) of section 3317.05 of the Revised Code under 20,963
such superintendent's supervision who were not actually enrolled 20,965
during the first full week of October but who are enrolled in the 20,966
third full week of the subsequent trimester, quarter, or 20,967
pentamester. The average daily membership figures so certified 20,968
plus the average daily membership figures calculated on those 20,969
students actually enrolled during the first full week of October 20,970
shall be considered as the total average daily membership figures 20,971
for the district for the school year and the calculation of 20,972
classroom units under section 3317.05 of the Revised Code shall 20,973
be adjusted accordingly.
The certification of average daily membership required by 20,975
this section for districts operating one or more schools in 20,976
accordance with section 3313.481 of the Revised Code on other 20,977
than a trimester, quarter, or pentamester plan shall be due on or 20,978
before the fifteenth day of October and shall be the sum of: 20,979
(1) The number of students actually in average daily 20,981
membership during the first full school week in October; and 20,982
(2) An estimate of the number of students that are not in 20,984
average daily membership during the first full school week in 20,985
October but who are anticipated to be in attendance prior to the 20,986
end of the school year. 20,987
473
The figure so obtained shall be used to calculate classroom 20,989
units under section 3317.05 of the Revised Code. 20,990
On or before the first week in January, a district 20,992
operating a school under section 3313.481 of the Revised Code on 20,993
other than a trimester, quarter, or pentamester plan shall 20,994
certify to the state board of education the number of pupils 20,995
enrolled in the district as of that date who were not enrolled 20,996
upon the date of the first certification of average daily 20,997
membership required by this division for such districts. This 20,998
figure plus the number of students certified under division 20,999
(B)(1) of this section, shall be the average daily membership of 21,000
that district for the school year, and the calculation of average 21,001
daily membership shall be adjusted accordingly. 21,002
(C) In each school of each city, local, exempted village, 21,004
joint vocational, and cooperative education school district there 21,005
shall be maintained a record of school membership which record 21,006
shall accurately show, for each day the school is in session, the 21,007
actual membership enrolled in regular day classes. For the 21,008
purpose of determining average daily membership, the membership 21,009
figure of any school shall not include any pupils except those 21,010
who are entitled by division (B) or (F) of section 3313.64 or 21,011
section 3313.65 of the Revised Code to attend school in that 21,012
school district, those pupils described by division (G) of this 21,014
section, and those who are attending the school in the capacity 21,015
of tuition pupils, other than those pupils for whom tuition is 21,017
calculated pursuant to section 3317.081 or 3323.141 of the
Revised Code. Part-time pupils may be included on a pro rata 21,018
basis, as defined by the superintendent of public instruction, as 21,019
regular day class students in average daily membership. The 21,020
record of membership for each school shall be maintained in such 21,021
manner that no pupil shall be counted as in membership prior to 21,022
the actual date of his entry in the school and also in such 21,023
manner that where for any cause a pupil permanently withdraws 21,024
from the school that pupil shall not be counted as in membership 21,026
474
from and after the date of such withdrawal. There shall not be 21,027
included in the membership of any school any pupil who has 21,028
graduated from the twelfth grade of a public high school; any 21,029
pupil who is not a resident of the state; any pupil who was 21,030
enrolled in the schools of the district during the previous 21,031
school year when tests were administered under section 3301.0711 21,032
of the Revised Code but did not take one or more of the tests 21,033
required by that section and was not excused pursuant to division 21,034
(C)(1) of that section; or any pupil who has attained the age of 21,035
twenty-two years, except for the following: 21,036
(1) Persons suffering from tuberculosis and receiving 21,038
treatment in any approved state, county, district, or municipal 21,039
tuberculosis hospital who have not graduated from the twelfth 21,040
grade of a public high school; 21,041
(2) Veterans of the armed services whose attendance was 21,043
interrupted before completing the recognized twelve-year course 21,044
of the public schools by reason of induction or enlistment in the 21,045
armed forces and who apply for reenrollment in the public school 21,046
system of their residence not later than four years after 21,047
termination of war or their honorable discharge. If any such 21,048
veteran elects to enroll in special courses organized for 21,049
veterans for whom tuition is paid under the provisions of federal 21,050
laws, or otherwise, that veteran shall not be included in such 21,052
membership.
Notwithstanding division (C) of this section, the 21,054
membership of any school may include a pupil who did not take a 21,055
test required by section 3301.0711 of the Revised Code if the 21,056
superintendent of public instruction grants a waiver from the 21,057
requirement to take the test to the specific pupil. The 21,058
superintendent may grant such a waiver only for good cause in 21,059
accordance with rules adopted by the state board of education. 21,060
The average daily membership figure of any local, city, or 21,063
exempted village school district shall be determined by dividing 21,064
the figure representing the sum of the number of pupils enrolled 21,065
475
during each day the school is actually open for instruction 21,066
during the first full school week in October by the total number 21,067
of days the school was actually open for instruction during that 21,068
week. For purposes of state funding, "enrolled" persons are only 21,069
those pupils who are attending school, those who have attended 21,070
school during the current school year and are absent for 21,071
authorized reasons, those students described by division (G) of 21,072
this section, and those handicapped children currently receiving 21,074
home instruction.
The average daily membership figure of any joint vocational 21,076
or cooperative education school district shall be determined in 21,077
accordance with rules adopted by the state board of education 21,078
pursuant to division (A) of this section. 21,079
(D)(1) If the total average daily membership in regular 21,081
day classes for the first full school week in February is at 21,082
least three per cent greater than that certified for the first 21,083
full school week in the preceding October, the superintendent of 21,084
schools of any city or exempted village school district or 21,086
educational service center shall certify such increase to the
superintendent of public instruction. Such certification shall 21,088
be submitted no later than the fifteenth day of February. For 21,089
the balance of the fiscal year, beginning with the February 21,090
payments, the superintendent of public instruction shall use the 21,091
increased membership in calculating or recalculating the amounts 21,092
to be allocated in accordance with sections 3317.022 and 3317.023 21,093
of the Revised Code. In no event shall the superintendent use an 21,094
increased membership certified to him THE SUPERINTENDENT after 21,095
the fifteenth day of February. 21,096
(2) If during the first full school week in February the 21,098
total number of classes or units for handicapped children that 21,099
are eligible for approval under division (B) of section 3317.05 21,100
of the Revised Code exceeds the number of such classes or units 21,101
that have been approved for the year under such division, the 21,102
superintendent of schools of any city, exempted village, joint 21,104
476
vocational, or cooperative education school district or
educational service center shall make the certifications required 21,105
by division (A)(3) of this section for such week. If the state 21,107
board of education determines additional classes or units can be 21,108
approved for the fiscal year within any limitations set forth in 21,109
the acts appropriating moneys for the funding of such classes and 21,110
units, the board shall approve additional units for the fiscal 21,111
year on the basis of such average daily membership. For each 21,112
unit so approved, the department of education shall pay an amount 21,113
computed in the manner prescribed in division (N)(2) of section 21,114
3317.024, 3317.16, or 3317.19 of the Revised Code, as applicable. 21,115
(E)(1) The superintendent of an institution operating a 21,117
special education program pursuant to section 3323.091 of the 21,118
Revised Code shall, for the programs under such superintendent's 21,120
supervision, certify to the state board of education the average 21,121
daily membership of all handicapped children in classes or 21,122
programs approved annually by the state board of education, in 21,123
accordance with divisions (A), (C), and (D)(1) of this section. 21,124
(2) The superintendent of each county MR/DD board that 21,126
maintains special education classes or units approved by the 21,127
state board of education pursuant to division (B) or (E) of 21,128
section 3317.05 of the Revised Code shall do both of the 21,129
following:
(a) In accordance with divisions (A), (C), and (D)(1) of 21,131
this section, certify to the state board the average daily 21,132
membership in classes and units described in division (B) of 21,133
section 3317.05 of the Revised Code for each school district that 21,134
has placed children in the classes or units; 21,135
(b) Certify to the state board the average daily 21,137
membership in preschool units described in division (E) of 21,138
section 3317.05 of the Revised Code. 21,139
(3) If during the first full school week in February the 21,141
average daily membership of the classes or units maintained by 21,142
the county MR/DD board that are eligible for approval under 21,143
477
division (B) of section 3317.05 of the Revised Code is greater 21,144
than the average daily membership for the preceding October, the 21,145
superintendent of the board shall make the certifications 21,146
required by division (A)(3) of this section for such week and, if 21,147
during the first full school week in February the average daily 21,148
membership of the units maintained by the county MR/DD board that 21,149
are eligible for approval under division (E) of section 3317.05 21,150
of the Revised Code is greater than the average daily membership 21,151
for the preceding October, the superintendent shall certify the 21,152
average daily membership for the first full school week in 21,153
February for such units to the state board of education. If the 21,154
state board determines that additional classes or units can be 21,155
approved for the fiscal year within any limitations set forth in 21,156
the acts appropriating moneys for the funding of such classes and 21,157
units under division (N)(1) of section 3317.024 of the Revised 21,158
Code, the board shall approve additional units for the fiscal 21,159
year on the basis of such average daily membership. For each 21,160
unit so approved, the department of education shall pay an amount 21,161
computed in the manner prescribed in division (N)(2) of section 21,162
3317.024 of the Revised Code. 21,163
(F) Except as provided in division (G) of this section, 21,165
when any city, local, or exempted village school district 21,167
provides instruction for a nonresident pupil whose attendance is 21,168
unauthorized attendance as defined in section 3327.06 of the 21,169
Revised Code, that pupil's membership shall not be included in 21,170
that district's membership figure used in the calculation of 21,171
approved classroom units as provided by section 3317.05 of the 21,172
Revised Code or in the calculation of that district's average 21,173
daily membership under this section. The reporting official 21,174
shall report separately the average daily membership of all 21,175
pupils whose attendance in the district is unauthorized 21,176
attendance, and the membership of each such pupil shall be 21,177
credited to the school district in which the pupil is entitled to 21,178
attend school under division (B) of section 3313.64 or section 21,179
478
3313.65 of the Revised Code as determined by the department of 21,180
education.
(G)(1) A school district admitting a scholarship student 21,182
of a pilot project district pursuant to division (C) of section 21,183
3313.976 of the Revised Code may count such student in its 21,184
average daily membership.
(2) In any year for which funds are appropriated for pilot 21,186
project scholarship programs, a school district implementing a 21,187
state-sponsored pilot project scholarship programt hat PROGRAM 21,188
THAT year pursuant to sections 3313.974 through 3313.979 of the 21,190
Revised Code may count in average daily membership:
(a) All children residing in the district and utilizing a 21,192
scholarship to attend kindergarten in any alternative school, as 21,193
defined in division (A)(9) of section 3313.974 of the Revised 21,194
Code;
(b) All children who were enrolled in the district in the 21,196
preceding year who are utilizing a scholarship to attend any such 21,197
alternative school. 21,198
Sec. 3317.08. A AS USED IN THIS SECTION, "URBAN DISTRICT," 21,207
"BIG EIGHT DISTRICT," "ALL-DAY KINDERGARTEN," "EXTENDED 21,208
KINDERGARTEN," AND "TRADITIONAL KINDERGARTEN" HAVE THE SAME 21,209
MEANINGS AS IN SECTION 3317.02 OF THE REVISED CODE.
A board of education may admit to its schools a child it is 21,212
not required by section 3313.64 or 3313.65 of the Revised Code to 21,213
admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed 21,215
in accordance with this section. A district's tuition charge for 21,216
a school year shall be one of the following: 21,217
(A) For any child, except a handicapped preschool child 21,219
described in division (B) of this section, the quotient obtained 21,220
by dividing the sum of the amounts described in divisions (A)(1) 21,221
and (2) of this section by the amount described in division 21,222
(A)(3) of this section. 21,223
(1) The district's total taxes charged and payable for 21,225
479
current expenses for the tax year preceding the tax year in which 21,226
the school year begins as certified under division (A)(3) of 21,227
section 3317.021 of the Revised Code. 21,228
(2) The district's total taxes collected for current 21,230
expenses under a school district income tax adopted pursuant to 21,231
section 5748.03 or 5748.08 of the Revised Code that are disbursed 21,233
to the district during the fiscal year. On or before the first 21,234
day of June of each year, the tax commissioner shall certify the 21,235
amount to be used in the calculation under this division for the 21,236
next fiscal year to the department of education for each city, 21,237
local, and exempted village school district that levies a school 21,238
district income tax. 21,239
(3) The district's average daily membership less: 21,241
(a) MINUS, IN THE CASE OF A SCHOOL DISTRICT OTHER THAN AN 21,243
URBAN DISTRICT OR BIG EIGHT DISTRICT, one-half the kindergarten 21,244
average daily membership certified pursuant to section 3317.03 of 21,245
the Revised Code for the preceding school year; 21,246
(b) MINUS, IN THE CASE OF A BIG EIGHT DISTRICT, ONE-FOURTH 21,249
OF THE EXTENDED KINDERGARTEN AVERAGE DAILY MEMBERSHIP AND 21,250
ONE-HALF OF THE TRADITIONAL KINDERGARTEN AVERAGE DAILY MEMBERSHIP 21,251
CERTIFIED PURSUANT TO SECTION 3317.03 OF THE REVISED CODE; 21,253
(c) MINUS, IN THE CASE OF AN URBAN DISTRICT, ONE-FOURTH OF 21,255
THE ALL-DAY KINDERGARTEN AVERAGE DAILY MEMBERSHIP, ONE-FOURTH OF 21,256
THE EXTENDED KINDERGARTEN AVERAGE DAILY MEMBERSHIP, AND ONE-HALF 21,257
OF THE TRADITIONAL KINDERGARTEN AVERAGE DAILY MEMBERSHIP 21,260
CERTIFIED PURSUANT TO SECTION 3317.03 OF THE REVISED CODE.
(B) For any handicapped preschool child not included in a 21,262
unit approved under division (E) of section 3317.05 of the 21,263
Revised Code, an amount computed for the school year as follows: 21,264
(1) For each type of special education service provided to 21,266
the child for whom tuition is being calculated, determine the 21,267
amount of the district's operating expenses in providing that 21,268
type of service to all handicapped preschool children not 21,269
included in units approved under division (E) of section 3317.05 21,270
480
of the Revised Code; 21,271
(2) For each type of special education service for which 21,273
operating expenses are determined under division (B)(1) of this 21,274
section, determine the amount of such operating expenses that was 21,275
paid from any state funds received under this chapter; 21,276
(3) For each type of special education service for which 21,278
operating expenses are determined under division (B)(1) of this 21,279
section, divide the difference between the amount determined 21,280
under division (B)(1) of this section and the amount determined 21,281
under division (B)(2) of this section by the total number of 21,282
handicapped preschool children not included in units approved 21,283
under division (E) of section 3317.05 of the Revised Code who 21,284
received that type of service; 21,285
(4) Determine the sum of the quotients obtained under 21,287
division (B)(3) of this section for all types of special 21,288
education services provided to the child for whom tuition is 21,289
being calculated. 21,290
The state board of education shall adopt rules defining the 21,292
types of special education services and specifying the operating 21,293
expenses to be used in the computation under this section. 21,294
If any child for whom a tuition charge is computed under 21,296
this section for any school year is enrolled in a district for 21,297
only part of that school year, the amount of the district's 21,298
tuition charge for the child for the school year shall be 21,299
computed in proportion to the number of school days the child is 21,300
enrolled in the district during the school year. 21,301
Except as otherwise provided in division (I) of section 21,303
3313.64 of the Revised Code, whenever a district admits a child 21,304
to its schools for whom tuition computed in accordance with this 21,305
section is an obligation of another school district, the amount 21,306
of the tuition shall be certified by the treasurer of the board 21,307
of education of the district of attendance, to the board of 21,308
education of the district required to pay tuition for its 21,309
approval and payment. If agreement as to the amount payable or 21,310
481
the district required to pay the tuition cannot be reached, or 21,311
the board of education of the district required to pay the 21,312
tuition refuses to pay that amount, the board of education of the 21,313
district of attendance shall notify the superintendent of public 21,314
instruction. The superintendent shall determine the correct 21,315
amount and the district required to pay the tuition and shall 21,316
deduct that amount, if any, under division (G) of section 21,317
3317.023 of the Revised Code, from the district required to pay 21,318
the tuition and add that amount to the amount allocated to the 21,319
district attended under such division. The superintendent of 21,320
public instruction shall send to the district required to pay the 21,321
tuition an itemized statement showing such deductions at the time 21,322
of such deduction. 21,323
When a political subdivision owns and operates an airport, 21,325
welfare, or correctional institution or other project or facility 21,326
outside its corporate limits, the territory within which the 21,327
facility is located is exempt from taxation by the school 21,328
district within which such territory is located, and there are 21,329
school age children residing within such territory, the political 21,330
subdivision owning such tax exempt territory shall pay tuition to 21,331
the district in which such children attend school. The tuition 21,332
for these children shall be computed as provided for in this 21,333
section. 21,334
Sec. 3317.10. (A)(1) AS USED IN THIS SECTION, "AID TO 21,343
DEPENDENT CHILDREN" MEANS: 21,344
(1) AID PROVIDED UNDER CHAPTER 5107. OF THE REVISED CODE 21,347
PRIOR TO OCTOBER 1, 1996;
(2) CASH ASSISTANCE PROVIDED ON OR AFTER OCTOBER 1, 1996, 21,349
UNDER A STATE PROGRAM OPERATED PURSUANT TO TITLE IV-A OF THE 21,351
"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS 21,353
AMENDED, REGARDLESS OF THE NAME USED TO DESIGNATE THAT
ASSISTANCE. 21,354
(B) On or before the first day of March of each year, the 21,357
department of human services shall certify to the state board of 21,358
482
education the number of children ages five through seventeen 21,359
residing in each school district and living in a family that 21,360
received aid to dependent children during the preceding October 21,361
according to the school district of residence for each child. 21,362
Except as provided under division (B)(C) of this section, the 21,363
number of children so certified in any year shall be used by the 21,364
department of education in the calculation of DETERMINING AT-RISK 21,365
SCHOOL DISTRICTS UNDER SECTION 3301.0719 OF THE REVISED CODE AND
CALCULATING the distribution of moneys for the ensuing fiscal 21,366
year provided in division (B) of section 3317.023 of the Revised 21,367
Code.
(B)(C) Upon the transfer of part of the territory of one 21,369
school district to the territory of one or more other school 21,370
districts, the department of education may adjust the number 21,371
certified under division (A)(1)(B) of this section for any 21,372
district gaining or losing territory in such a transfer in order 21,374
to take into account the effect of the transfer on the number of 21,375
children ages five through seventeen who reside in the district 21,376
and live in a family that receives aid to dependent children. 21,377
Within sixty days of receipt of a request for information from 21,378
the department of education, the department of human services 21,379
shall provide any information the department of education 21,380
determines is necessary to make such adjustments. The department 21,381
of education may use the adjusted number for any district for the 21,382
applicable fiscal year, in lieu of the number certified for the 21,383
district for that fiscal year under division (A)(1)(B) of this 21,384
section, in the calculation of the distribution of moneys 21,386
provided in division (B) of section 3317.023 and of the Revised 21,388
Code.
Sec. 3317.11. Except as otherwise specified, as used in 21,397
this section, "ADM" means the total number of pupils under an 21,398
educational service center governing board's supervision 21,399
certified under section 3317.03 and division (B) of section 21,401
3317.032 of the Revised Code for all local school districts 21,402
483
within the limits of the service center's territory. 21,403
(A) Annually, on or before a date designated by the state 21,405
board of education, each educational service center governing 21,407
board shall prepare a budget of operating expenses for the 21,408
ensuing year for the service center on forms prepared and 21,409
furnished by the state board of education and shall certify the 21,410
budget to the state board of education, together with such other 21,411
information as the board may require. Such budget shall consist 21,412
of two parts. Part (A) shall include the cost of the salaries, 21,413
employers retirement contributions, and travel expenses of 21,414
supervisory teachers approved by the state board of education. 21,415
The amount derived from the calculation for such units in part 21,416
(A) of the governing board budget shall be the sum of: 21,417
(1) The sum of the minimum salaries calculated, pursuant 21,419
to section 3317.13 of the Revised Code, for each approved 21,420
licensed employee of the governing board; 21,421
(2) An additional salary allowance proportional to the 21,423
length of the extended term of service not to exceed three months 21,424
for each supervisory and child study teacher whose term of 21,425
service in any year is extended beyond the terms of service of 21,426
regular classroom teachers; 21,427
(3) An allowance equal to fifteen per cent of the amount 21,429
computed under division (A)(1) of this section; 21,430
(4) An allowance for necessary travel expenses, for each 21,432
of the personnel approved in part (A) of the budget, limited to 21,433
two hundred twenty-three dollars and sixteen cents per month, or 21,434
two thousand six hundred seventy-eight dollars per year per 21,435
person employed, whichever is the lesser. Part (B) shall include 21,436
the cost of all other lawful expenditures of the governing board. 21,437
The state board of education shall review such budget and may 21,438
approve, increase, or decrease such budget. 21,439
The governing board shall be reimbursed by the state board 21,442
of education from state funds for the cost of part (A) of the 21,443
budget. The governing board shall be reimbursed by the state
484
board of education, from state funds for the cost of part (B) of 21,445
the approved budget that is in excess of six dollars and fifty 21,446
cents times the ADM. If the governing board provides services to 21,448
city or exempted village school districts pursuant to section 21,449
3313.843 of the Revised Code, the governing board shall be 21,450
reimbursed from state funds for the cost of part (B) of the 21,451
budget that is in excess of six dollars and fifty cents times the 21,452
sum of the ADM of the local districts under the governing board's 21,453
supervision and the ADM of the city or exempted village districts 21,455
to which such services are provided. The cost of part (B) not in 21,456
excess of six dollars and fifty cents times the number of such 21,457
ADM shall be apportioned by the state board of education among 21,458
the local school districts in the territory of the service
center, or among all districts to which the governing board 21,460
provides services, on the basis of the total number of pupils in 21,461
each school district. 21,462
If part (B) of the budget is in excess of that approved by 21,464
the state board of education, the excess cost shall be 21,465
apportioned by the state board of education among the local 21,466
school districts in the territory of the service center on the 21,468
basis of the total number of such pupils in each such school 21,469
district, provided that a majority of the boards of education of 21,470
such local school districts approve such apportionment. The 21,471
state board of education shall initiate and supervise the 21,472
procedure by which the local boards shall approve or disapprove 21,473
such apportionment.
The amounts so apportioned shall be certified to the 21,475
treasurers of the various school districts. In the case of each 21,476
district such amount shall be deducted by the state board of 21,477
education from funds allocated to the district pursuant to 21,478
division (F) of section 3317.023 of the Revised Code. 21,479
The state board of education shall certify to the director 21,481
of budget and management for payment the total of the deductions, 21,482
whereupon the amount shall be paid to the governing board of each 21,484
485
service center, to be deposited to the credit of a separate fund, 21,486
hereby created, to be known as the educational service center 21,487
governing board fund.
Special education units for handicapped children approved 21,489
pursuant to division (B) or (E) of section 3317.05 of the Revised 21,490
Code may be operated by a governing board, which shall be 21,492
eligible for funding under divisions (A), (J), and (N) of section 21,493
3317.024 of the Revised Code and eligible for state subsidies for 21,494
the purchase of school buses under section 3317.07 of the Revised 21,495
Code. Special education units for gifted children, child study, 21,496
and occupational, physical, and speech and hearing therapy, 21,497
special education supervisors, and special education coordinators 21,498
approved pursuant to divisions (C) and (D) of section 3317.05 of 21,499
the Revised Code may be operated by a governing board, which 21,500
shall be eligible for funding under division (O) of section 21,502
3317.024 of the Revised Code. Vocational education units 21,503
approved pursuant to division (A) of section 3317.05 of the 21,504
Revised Code may be operated by a governing board, which shall be 21,505
eligible for funding under division (M) of section 3317.024 of 21,507
the Revised Code. A governing board may conduct driver education 21,508
for pupils enrolled in a high school for which the state board of 21,510
education prescribes minimum standards and which is eligible for 21,511
funding under division (I) of section 3317.024 of the Revised 21,512
Code.
Every local school district shall be provided supervisory 21,514
services by its governing board as approved by the state board of 21,517
education. A city or exempted village school district shall be 21,518
considered to be provided supervisory services by a governing 21,519
board if it has entered into an agreement for the governing board 21,520
to provide any services under section 3313.843 of the Revised 21,521
Code. Supervisory services shall not exceed one supervisory 21,523
teacher for the first fifty classroom teachers employed in all 21,524
districts that are provided supervisory services calculated under 21,525
section 3317.023 of the Revised Code and one supervisory teacher 21,526
486
for every additional one hundred such classroom teachers so 21,527
calculated. Reimbursement for such supervisory services shall be 21,528
a deduction by the state board of education from the payment to 21,529
the school district pursuant to division (F) of section 3317.023 21,530
of the Revised Code. Deductions for all supervisory services and 21,531
extended services for supervisory and child study in excess of 21,532
that paid by the state pursuant to section 3317.024 of the 21,533
Revised Code shall be apportioned among local school districts 21,534
within the territory of the service center and any city or 21,535
exempted village districts that have entered into agreements with 21,537
a service center pursuant to section 3313.843 of the Revised Code 21,539
by the state board of education on the basis of the total number 21,540
of pupils in each school district, except that where such 21,541
services are provided to districts other than local school 21,542
districts within the service center territory and city or 21,543
exempted village districts having agreements with the service 21,545
center, such charges shall be apportioned among all participating 21,547
districts on the basis of the total number of pupils in each 21,548
school district. All deductions from state funding to school 21,549
districts required for reimbursement of governing boards by 21,550
division (F) of section 3317.023 of the Revised Code shall be 21,552
made from the total of the payment computed under sections 21,553
3317.022 and 3317.023 of the Revised Code, after making any other 21,554
adjustments in that payment required by law.
(B) In addition to the payments made under division (A) of 21,556
this section, except as otherwise provided in division (C) of 21,557
this section, the department of education shall pay each 21,558
governing board, each fiscal year, an amount equal to thirty-two 21,559
THIRTY-FOUR dollars times the sum of the ADM and thirty-two 21,561
THIRTY-FOUR dollars times the sum of the ADM of any city or 21,563
exempted village school districts with which the governing board
has entered into agreements to provide services pursuant to 21,564
section 3313.843 of the Revised Code. 21,565
(C)(1) As used in this section: 21,567
487
(a) "Client district" means a city or exempted village 21,569
school district that has entered into an agreement to receive 21,570
services from a service center pursuant to section 3313.843 of 21,571
the Revised Code. 21,572
(b) "Multicounty service center" means a service center 21,574
that includes territory that formerly was included in the 21,575
territory of at least three former service centers or county 21,576
school districts, which former centers or districts engaged in 21,577
one or more mergers pursuant to section 3311.053 of the Revised 21,579
Code to form the present center.
(2) Beginning with the fiscal year that starts July 1, 21,581
1997, in lieu of the payment specified under division (B) of this 21,583
section, each multicounty service center shall receive a payment 21,584
each fiscal year equal to one per cent times the formula amount 21,585
specified in division (A) of section 3317.022 of the Revised Code 21,586
times the sum of the ADM of the service center and the ADMs of 21,587
all its client districts. 21,588
Sec. 3317.14. Any school district board of education or 21,597
educational service center governing board participating in funds 21,599
distributed under Chapter 3317. of the Revised Code shall
annually adopt a teachers' salary schedule with provision for 21,600
increments based upon training and years of service. 21,601
Notwithstanding sections 3317.13 and 3319.088 of the Revised 21,602
Code, the board may establish its own service requirements and 21,603
may grant service credit for such activities as teaching in 21,604
public or nonpublic schools in this state or in another state, 21,605
for service as an educational assistant OTHER THAN AS A CLASSROOM 21,606
AIDE EMPLOYED IN ACCORDANCE WITH SECTION 5101.831 OF THE REVISED 21,607
CODE, and for service in the military or in an appropriate state 21,609
or federal governmental agency, provided no teacher receives less 21,610
than the amount required to be paid pursuant to section 3317.13 21,611
of the Revised Code and provided full credit for a minimum of 21,612
five years of actual teaching and military experience as defined 21,613
in division (A) of section 3317.13 of the Revised Code is given 21,614
488
to each teacher. 21,615
On the fifteenth day of October of each year the salary 21,617
schedule in effect on that date in each school district and each 21,618
educational service center shall be filed with the superintendent 21,620
of public instruction. A copy of such schedule shall also 21,621
annually be filed by the board of education of each local school 21,622
district with the educational service center superintendent, who 21,623
thereupon shall certify to the treasurer of such local district 21,625
the correct salary to be paid to each teacher in accordance with 21,626
the adopted schedule.
Each teacher who has completed training which would qualify 21,628
such teacher for a higher salary bracket pursuant to this section 21,630
shall file by the fifteenth day of September with the treasurer 21,631
of the board of education or educational service center 21,632
satisfactory evidence of the completion of such additional 21,634
training. The treasurer shall then immediately place the 21,635
teacher, pursuant to this section and section 3317.13 of the 21,636
Revised Code, in the proper salary bracket in accordance with 21,637
training and years of service before certifying such salary,
training, and years of service to the superintendent of public 21,638
instruction. No teacher shall be paid less than the salary to 21,639
which such teacher is entitled pursuant to section 3317.13 of the 21,641
Revised Code.
Sec. 3317.51. (A) THE DISTANCE LEARNING FUND IS HEREBY 21,643
CREATED IN THE STATE TREASURY. THE FUND SHALL CONSIST OF MONEYS 21,644
PAID TO THE INFORMATION, LEARNING, AND TECHNOLOGY AUTHORITY BY 21,645
ANY TELEPHONE COMPANY AS A PART OF A SETTLEMENT AGREEMENT BETWEEN 21,647
SUCH COMPANY AND THE PUBLIC UTILITIES COMMISSION IN FISCAL YEAR 21,648
1995 IN PART TO ESTABLISH DISTANCE LEARNING THROUGHOUT THE STATE. 21,649
THE AUTHORITY SHALL ADMINISTER THE FUND AND EXPEND MONEYS FROM IT 21,650
TO FINANCE TECHNOLOGY GRANTS TO ELIGIBLE SCHOOLS CHARTERED BY THE 21,651
STATE BOARD OF EDUCATION TO ESTABLISH DISTANCE LEARNING IN THOSE 21,652
SCHOOLS. CHARTERED SCHOOLS ARE ELIGIBLE FOR FUNDS IF THEY ARE 21,653
WITHIN THE SERVICE AREA OF THE TELEPHONE COMPANY. INVESTMENT 21,654
489
EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND.
(B) FOR PURPOSES OF THIS SECTION, "DISTANCE LEARNING" 21,656
MEANS THE CREATION OF A LEARNING ENVIRONMENT INVOLVING A SCHOOL 21,657
SETTING AND AT LEAST ONE OTHER LOCATION OUTSIDE OF THE SCHOOL 21,658
WHICH ALLOWS FOR INFORMATION AVAILABLE AT ONE SITE TO BE ACCESSED 21,659
AT THE OTHER THROUGH THE USE OF SUCH EDUCATIONAL APPLICATIONS AS 21,660
ONE-WAY OR TWO-WAY TRANSMISSION OF DATA, VOICE, AND VIDEO,
SINGULARLY OR IN APPROPRIATE COMBINATIONS. 21,661
Sec. 3318.02. (A) For purposes of sections 3318.01 to 21,671
3318.33 of the Revised Code, the Ohio school facilities 21,672
commission shall periodically perform an assessment of the 21,673
classroom facility needs in the state to identify school 21,674
districts in need of additional classroom facilities, or 21,675
replacement or reconstruction of existent classroom facilities, 21,676
and the cost to each such district of constructing or acquiring 21,677
such additional facilities or making such renovations.
(B) Based upon the most recent assessment conducted 21,679
pursuant to division (A) of this section, the commission shall 21,681
conduct on-site visits to school districts identified as having 21,682
classroom facility needs to confirm AND DO BOTH OF THE FOLLOWING: 21,683
(1) CONFIRM the findings of the periodic assessment and to 21,686
further evaluate the classroom facility needs of the district. 21,688
The evaluation shall assess the district's need to construct or
acquire new classroom facilities and may include an assessment of 21,689
the district's need for building additions or for the 21,690
reconstruction of existent buildings in lieu of constructing or 21,691
acquiring replacement buildings.
(2) EVALUATE THE PRACTICABILITY OF THE DISTRICT MEETING 21,693
ITS CLASSROOM FACILITY NEEDS THROUGH SPLIT SESSIONS, YEAR-ROUND 21,694
CLASSES, JOINT USE OF SCHOOL FACILITIES WITH ONE OR MORE OTHER 21,695
DISTRICTS, AND ANY OTHER MEANS THE COMMISSION CONSIDERS 21,696
PRACTICABLE FOR THE DISTRICT, AS WELL AS THE POTENTIAL EFFECTS 21,697
THAT MEETING THE DISTRICT'S FACILITY NEEDS BY SUCH MEANS WOULD
HAVE ON THE EDUCATION OF THE STUDENTS AFFECTED. 21,698
490
The first round of on-site visits first succeeding the 21,700
effective date of this amendment, MAY 20, 1997, shall be limited 21,703
to the school districts in the first through fifth TWENTY-FIFTH 21,704
percentiles, excluding districts that are ineligible for funding 21,706
under this chapter pursuant to section 3318.04 of the Revised 21,708
Code. The second round of on-site visits shall be limited to the 21,709
school districts in the first through tenth THIRTIETH 21,710
percentiles, excluding districts that are ineligible for funding 21,712
under this chapter pursuant to section 3318.04 of the Revised 21,713
Code. Each succeeding round of on-site visits shall be limited 21,714
to the percentiles included in the immediately preceding round of 21,715
on-site visits plus the next five percentiles. Except for the 21,716
first round of on-site visits, no round of on-site visits shall 21,717
commence unless eighty per cent of the districts for which 21,718
on-site visits were performed during the immediately preceding 21,719
round, have had projects approved under section 3318.04 of the 21,720
Revised Code. 21,721
(C) Notwithstanding division (B) of this section, in any 21,725
biennium, the commission may limit the number of districts for 21,726
which it conducts on-site visits based upon its projections of 21,727
the moneys available and moneys necessary to undertake projects 21,728
under sections 3318.01 to 3318.33 of the Revised Code for the 21,729
current biennium. 21,730
Sec. 3318.03. Upon conducting the on-site evaluation under 21,740
section 3318.02 of the Revised Code, the Ohio school facilities 21,742
commission shall make a determination of THE PRACTICABILTY OF 21,743
MEETING THE DISTRICT'S CLASSROOM FACILITY NEEDS AS INDICATED IN 21,744
DIVISION (B)(2) OF SECTION 3318.02 OF THE REVISED CODE; the needs 21,745
of the school district for additional classroom facilities; the 21,746
number of classroom facilities to be included in a project and 21,747
the basic project cost of constructing, acquiring, 21,748
reconstructing, or making additions to each such facility; the 21,749
amount of such cost that the school district can supply from 21,751
available funds, by the issuance of bonds previously authorized 21,752
491
by the electors of the school district the proceeds of which can 21,753
lawfully be used for the project, and by the issuance of bonds 21,754
under section 3318.05 of the Revised Code; and the remaining 21,755
amount of such cost that shall be supplied by the state. The 21,757
commission shall make a determination in favor of constructing, 21,758
acquiring, reconstructing, or making additions to a classroom 21,759
facility only upon evidence that the proposed project conforms to 21,761
sound educational practice, that it is in keeping with the 21,762
orderly process of school district reorganization and 21,763
consolidation, and that the actual or projected enrollment in 21,764
each classroom facility proposed to be included in the project is 21,766
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparcity of 21,768
population, and other factors make larger schools impracticable. 21,769
Sections 125.81 and 153.04 of the Revised Code shall not 21,771
apply to classroom facilities constructed under sections 3318.01 21,772
to 3318.20 of the Revised Code. 21,773
Sec. 3318.041. A school district ranked in the first 21,782
through fifth TWENTY-FIFTH percentiles may adopt and certify to 21,784
the Ohio school facilities commission a resolution specifying a 21,785
proposed project that meets the requirements of this chapter and 21,786
the needs of the district, as confirmed through an on-site visit 21,787
pursuant to section 3318.02 of the Revised Code. The commission 21,788
shall consider such projects for conditional approval pursuant to 21,789
section 3318.03 and shall encumber funds pursuant to section 21,790
3318.04 of the Revised Code in the order in which such 21,792
resolutions are received.
Sec. 3319.089. THE BOARD OF EDUCATION OF ANY CITY, LOCAL, 21,795
OR EXEMPTED VILLAGE SCHOOL DISTRICT MAY ADOPT A RESOLUTION 21,796
APPROVING A CONTRACT WITH A COUNTY DEPARTMENT OF HUMAN SERVICES 21,797
UNDER SECTION 5101.831 OF THE REVISED CODE TO PROVIDE FOR AN
EMPLOYABLE RECIPIENT OF ASSISTANCE UNDER TITLE IV-A OF THE 21,799
"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS 21,801
AMENDED, WHO HAS A CHILD ENROLLED IN A PUBLIC SCHOOL IN THAT 21,803
492
DISTRICT TO FULFILL THE WORK REQUIREMENTS OF THAT TITLE BY 21,804
VOLUNTEERING OR WORKING IN THAT PUBLIC SCHOOL IN ACCORDANCE WITH 21,805
SECTION 5101.831 OF THE REVISED CODE. SUCH RECIPIENTS ARE NOT 21,806
EMPLOYEES OF SUCH BOARD OF EDUCATION. 21,807
BEFORE A SCHOOL DISTRICT ASSIGNS A RECIPIENT TO A PUBLIC 21,809
SCHOOL UNDER THIS SECTION, THE APPOINTING OFFICER OR HIRING 21,810
OFFICER OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL 21,811
REQUEST A CRIMINAL RECORDS CHECK OF THE RECIPIENT TO BE CONDUCTED 21,812
IN THE SAME MANNER AS REQUIRED FOR A PERSON RESPONSIBLE FOR THE
CARE, CUSTODY, OR CONTROL OF A CHILD IN ACCORDANCE WITH SECTION 21,813
3319.39 OF THE REVISED CODE. THE RECORDS CHECK SHALL BE 21,815
CONDUCTED EVEN THOUGH THE RECIPIENT, IF SUBSEQUENTLY HIRED, WOULD 21,816
NOT BE CONSIDERED AN EMPLOYEE OF THE SCHOOL DISTRICT FOR PURPOSES
OF WORKING AT THE SCHOOL. A RECIPIENT SHALL NOT BE ASSIGNED TO A 21,817
SCHOOL IF THE RECIPIENT PREVIOUSLY HAS BEEN CONVICTED OF OR 21,818
PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN DIVISION 21,819
(B)(1)(a) OR (b) OF SECTION 3319.39 OF THE REVISED CODE. 21,820
Sec. 3319.17. (A) As used in this section, "interdistrict 21,829
contract" means any contract or agreement entered into by an 21,831
educational service center governing board and another board or 21,832
other public entity pursuant to section 3313.17, 3313.841, 21,833
3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, 21,834
including any such contract or agreement for the provision of 21,835
services funded under division (P) of section 3317.024 of the 21,836
Revised Code or provided in any unit approved under section 21,837
3317.05 or 3317.11 of the Revised Code. 21,838
(B) When for any of the following reasons that apply to 21,840
any city, exempted village, local, or joint vocational school 21,842
district or any educational service center, the board decides
that it will be necessary to reduce the number of teachers it 21,843
employs, it may make a reasonable reduction: 21,844
(1) In the case of any district or service center, return 21,846
to duty of regular teachers after leaves of absence INCLUDING 21,847
LEAVES PROVIDED PURSUANT TO DIVISION (B) OF SECTION 3314.10 OF 21,848
493
THE REVISED CODE, suspension of schools, or territorial changes 21,849
affecting the district or center;
(2) In the case of any city, exempted village, local, or 21,851
joint vocational school district, decreased enrollment of pupils 21,852
in the district; 21,853
(3) In the case of any governing board of a service center 21,856
providing any particular service directly to pupils pursuant to 21,857
one or more interdistrict contracts requiring such service, 21,858
reduction in the total number of pupils the governing board is 21,859
required to provide with the service under all interdistrict 21,861
contracts as a result of the termination or nonrenewal of one or 21,862
more of these interdistrict contracts; 21,863
(4) In the case of any governing board providing any 21,867
particular service that it does not provide directly to pupils 21,868
pursuant to one or more interdistrict contracts requiring such 21,869
service, reduction in the total level of the service the
governing board is required to provide under all interdistrict 21,870
contracts as a result of the termination or nonrenewal of one or 21,871
more of these interdistrict contracts. 21,872
In making any such reduction, any city, exempted village, 21,874
local, or joint vocational school board shall proceed to suspend 21,875
contracts in accordance with the recommendation of the 21,876
superintendent of schools who shall, within each teaching field 21,877
affected, give preference to teachers on continuing contracts and 21,878
to teachers who have greater seniority. In making any such 21,879
reduction, any governing board of a service center shall proceed 21,881
to suspend contracts in accordance with the recommendation of the 21,882
superintendent who shall, within each teaching field or service 21,884
area affected, give preference to teachers on continuing 21,885
contracts and to teachers who have greater seniority.
The teachers whose continuing contracts are suspended by 21,887
any board pursuant to this section shall have the right of 21,888
restoration to continuing service status by that board in the 21,889
order of seniority of service in the district if and when 21,890
494
teaching positions become vacant or are created for which any of 21,891
such teachers are or become qualified. 21,892
Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT 21,894
SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A 21,895
TEMPORARY LICENSE TO AN INDIVIDUAL AS AN EDUCATOR IN THE 21,896
SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY. 21,897
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS 21,899
SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN 21,900
SPEECH AND HEARING. THE BOARD SHALL EVALUATE EACH APPLICATION 21,901
RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH APPLICANT WHO 21,903
MEETS THE QUALIFICATIONS FOR LICENSURE.
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID 21,906
ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES 21,907
ONE YEAR AFTER THE DATE IT IS ISSUED. A TEMPORARY LICENSE MAY BE 21,908
RENEWED, BUT ONLY IF THE DISTRICT SUPERINTENDENT PRESENTS 21,909
EVIDENCE SATISFACTORY TO THE BOARD OF ONE OF THE FOLLOWING: 21,910
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE 21,912
PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE 21,913
PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE; 21,914
(2) THAT THE HOLDER HAS APPLIED WITHIN THE PAST YEAR TO A 21,916
MASTER'S DEGREE PROGRAM IN THIS STATE LEADING TO LICENSURE BY THE 21,917
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND IS QUALIFIED 21,918
TO BE UNCONDITIONALLY ENROLLED IN THAT PROGRAM, BUT WAS DENIED 21,919
ENROLLMENT.
Sec. 3319.224. NOTWITHSTANDING SECTION 3319.30 OF THE 21,922
REVISED CODE, A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER MAY 21,923
CONTRACT WITH A PROVIDER LICENSED UNDER CHAPTER 4753. OF THE 21,925
REVISED CODE FOR SPEECH AND LANGUAGE SERVICES OR FOR AUDIOLOGY 21,926
SERVICES. THE CONTRACTED SERVICES SHALL BE RETAINED ONLY AFTER 21,927
THE DISTRICT OR SERVICE CENTER HAS DEMONSTRATED TO THE DEPARTMENT 21,928
OF EDUCATION THAT ATTEMPTS TO OBTAIN THE SERVICES OF A SPEECH AND 21,929
LANGUAGE OR AUDIOLOGY PROVIDER LICENSED UNDER THIS CHAPTER HAVE 21,930
BEEN UNSUCCESSFUL.
495
Sec. 3323.012. A COMMUNITY SCHOOL ESTABLISHED UNDER 21,932
CHAPTER 3314. OF THE REVISED CODE SHALL BE CONSIDERED A SCHOOL 21,934
DISTRICT FOR THE PURPOSES OF THIS CHAPTER.
Sec. 3329.16. IF THE SUPERINTENDENT OF PUBLIC INSTRUCTION 21,936
DETERMINES THAT A SCHOOL DISTRICT HAS EXPENDED FOR OTHER PURPOSES 21,937
ANY MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE SPECIFIC 21,938
PURPOSE OF PURCHASING TEXTBOOKS OR OTHER INSTRUCTIONAL MATERIALS, 21,939
THE SUPERINTENDENT SHALL NOTIFY THE SCHOOL DISTRICT OF THIS 21,940
DETERMINATION WITHIN SEVEN DAYS AND SHALL DEDUCT THE AMOUNT SO 21,941
EXPENDED FROM PAYMENTS OTHERWISE DUE TO THE DISTRICT UNDER 21,943
CHAPTER 3317. OF THE REVISED CODE. 21,944
Sec. 3332.07. (A) Each application for issuance and 21,953
renewal of a certificate of registration, for the issuance and 21,954
renewal of program authorization, for issuance and renewal of 21,955
agent's permits, and for any other service specified by the state 21,956
board of proprietary school registration shall be accompanied by 21,957
the required fee. Fees submitted under this section are not 21,958
returnable even if approval or renewal is denied. 21,959
(B) Fee schedules for the issuance and renewal of 21,961
certificates of registration, for the issuance and renewal of 21,962
program authorization, for issuance and renewal of agent's 21,963
permits, and for any other service specified by the board shall 21,964
be established by rule adopted by the state board. 21,965
(C) If in any fiscal year the amount received in fees 21,967
under this section does not equal or exceed fifty per cent of the 21,968
amount appropriated to the board EXPENDITURES for the fiscal year 21,969
by the general assembly, the board shall increase fees for the 21,971
ensuing fiscal year by an amount ESTIMATED TO BE sufficient to 21,972
produce revenues equal to fifty per cent of the appropriated 21,973
amount ESTIMATED EXPENDITURES for that ensuing fiscal year. 21,974
Sec. 3333.12. (A) As used in this section: 21,983
(1) "Eligible student" means an undergraduate student who 21,985
is: 21,986
(a) An Ohio resident; 21,988
496
(b) Enrolled in either of the following: 21,990
(i) An accredited institution of higher education in this 21,992
state that meets the requirements of Title VI of the Civil Rights 21,993
Act of 1964 and is state-assisted, is nonprofit and has a 21,994
certificate of authorization from the Ohio board of regents 21,995
pursuant to Chapter 1713. of the Revised Code, or has a 21,996
certificate of registration from the state board of proprietary 21,997
school registration and program authorization to award an 21,998
associate or bachelor's degree. Students who attend an 21,999
institution that holds a certificate of registration shall be 22,000
enrolled in a program leading to an associate or bachelor's 22,001
degree for which associate or bachelor's degree program the 22,002
institution has program authorization issued under section 22,003
3332.05 of the Revised Code. 22,004
(ii) A technical education program of at least two years 22,006
duration sponsored by a private institution of higher education 22,007
in this state that meets the requirements of Title VI of the 22,008
Civil Rights Act of 1964. 22,009
(c) Enrolled as a full-time student or enrolled as a less 22,011
than full-time student for the term expected to be the student's 22,013
final term of enrollment and is enrolled for the number of credit 22,014
hours necessary to complete the requirements of the program in 22,015
which the student is enrolled. 22,017
(2) "Gross income" includes all taxable and nontaxable 22,019
income of the parents, the student, and the student's spouse, 22,020
except income derived from an Ohio academic scholarship and 22,021
income earned by the student between the last day of the spring 22,022
term and the first day of the fall term, as published by the 22,023
institution in which the student is enrolled. In the case of 22,024
self-employed persons, business expenses as defined by the Ohio 22,025
board of regents shall be subtracted from taxable and nontaxable 22,027
income. Where no gross income or inadequate gross income as 22,028
determined by the board is reported, the board shall establish a 22,029
formula for determining the means by which the family maintained 22,030
497
itself and translate the data into gross income for Ohio 22,031
instructional grant purposes. Family income may be verified by 22,032
supplying to the board a copy of the federal government tax 22,033
return, by authorizing access to the family federal government 22,034
income tax return, or by other means satisfactory to the board. 22,035
(3) "Resident," "full-time student," "dependent," 22,037
"financially independent," and "accredited" shall be defined by 22,038
rules adopted by the board. 22,039
(4) "Federal law" means the "Higher Education Amendments 22,041
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 22,042
(5) "Default rate" means the cohort default rate 22,044
determined by the United States secretary of education pursuant 22,045
to federal law. 22,046
(6) "School year" means the twelve months that begin on 22,048
the first day of August of a calendar year and end on the 22,049
thirty-first day of July of the following calendar year. 22,050
(B) The Ohio board of regents shall establish and 22,052
administer an instructional grant program and may adopt rules to 22,053
carry out this section. The general assembly shall support the 22,054
instructional grant program by such sums and in such manner as it 22,055
may provide, but the board may also receive funds from other 22,056
sources to support the program. If the amounts available for 22,057
support of the program are inadequate to provide grants to all 22,058
eligible students, preference in the payment of grants shall be 22,059
given in terms of income, beginning with the lowest income 22,060
category of gross income and proceeding upward by category to the 22,061
highest gross income category. 22,062
An instructional grant shall be paid to an eligible student 22,064
through the institution in which the student is enrolled, except 22,066
that no instructional grant shall be paid to any person serving a 22,067
term of imprisonment unless that person is eligible for parole 22,068
within five years of making application for the grant. 22,069
Applications for such grants shall be made as prescribed by the 22,070
board, and such applications may be made in conjunction with and 22,071
498
upon the basis of information provided in conjunction with 22,072
student assistance programs funded by agencies of the United 22,073
States government or from financial resources of the institution 22,074
of higher education. The institution shall certify that the 22,075
student applicant meets the requirements set forth in divisions 22,076
(A)(1)(b) and (c) of this section. Instructional grants shall be 22,077
provided to an eligible student only as long as the student is 22,078
making appropriate progress toward a nursing diploma or an 22,079
associate or bachelor's degree. The grant shall cover any two 22,080
semesters, three quarters, or the equivalent of one academic 22,081
year. No student shall be eligible to receive a grant for more 22,082
than ten semesters, fifteen quarters, or the equivalent of five 22,083
academic years. A grant made to an eligible student on the basis 22,084
of less than full-time enrollment shall be based on the number of 22,085
credit hours for which the student is enrolled and shall be 22,086
computed in accordance with a formula adopted by the board. No 22,087
student shall receive more than one grant on the basis of less 22,088
than full-time enrollment. 22,089
An instructional grant shall not exceed the total 22,091
instructional and general charges of the institution. 22,092
(C) For a full-time student who is a dependent and 22,094
enrolled in a nonprofit educational institution that is not a 22,095
state-assisted institution and that has a certificate of 22,096
authorization issued pursuant to Chapter 1713. of the Revised 22,097
Code, the amount of the instructional grant for the academic year 22,098
shall be determined in accordance with the following table: 22,099
Table of Grants 22,100
Maximum Grant $3750 4,428 22,102
Gross Income Number of Dependents 22,103
1 2 3 4 5 or 22,110
more
$10,000 and under $3,750 $3,750 $3,750 $3,750 $3,750 22,115
4,428 4,428 4,428 4,428 4,428 22,117
$10,001 - $11,000 3,378 3,750 3,750 3,750 3,750 22,120
499
3,984 4,428 4,428 4,428 4,428 22,122
$11,001 - $12,000 2,994 3,378 3,750 3,750 3,750 22,125
3,534 3,984 4,428 4,428 4,428 22,127
$12,001 - $13,000 2,622 2,994 3,378 3,750 3,750 22,130
3,096 3,534 3,984 4,428 4,428 22,132
$13,001 - $14,000 2,250 2,622 2,994 3,378 3,750 22,135
2,658 3,096 3,534 3,984 4,428 22,137
$14,001 - $15,000 1,878 2,250 2,622 2,994 3,378 22,140
2,220 2,658 3,096 3,534 3,984 22,142
$15,001 - $16,000 1,506 1,878 2,250 2,622 2,994 22,146
1,770 2,220 2,658 3,096 3,534 22,148
$16,001 - $19,000 1,122 1,506 1,878 2,250 2,622 22,152
1,320 1,770 2,220 2,658 3,096 22,154
$19,001 - $22,000 930 1,122 1,506 1,878 2,250 22,158
1,092 1,320 1,770 2,220 2,658 22,160
$22,001 - $25,000 750 930 1,122 1,506 1,878 22,163
882 1,092 1,320 1,770 2,220 22,165
$25,001 - $28,000 684 750 930 1,122 1,506 22,168
804 882 1,092 1,320 1,770 22,170
$28,001 - $30,000 612 684 750 930 1,122 22,173
720 804 882 1,092 1,320 22,175
$30,001 and over -0- -0- -0- -0- -0- 22,177
For a full-time student who is financially independent and 22,180
enrolled in a nonprofit educational institution that is not a 22,181
state-assisted institution and that has a certificate of 22,182
authorization issued pursuant to Chapter 1713. of the Revised 22,183
Code, the amount of the instructional grant for the academic year 22,184
shall be determined in accordance with the following table: 22,185
Table of Grants 22,186
Maximum Grant $3,750 4,428 22,187
Gross Income Number of Dependents 22,188
0 1 2 3 4 5 or 22,195
more
$3,300 and under $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 22,200
500
4,428 4,428 4,428 4,428 4,428 4,428 22,202
$3,301 - $3,900 3,378 3,750 3,750 3,750 3,750 3,750 22,205
3,984 4,428 4,428 4,428 4,428 4,428 22,207
$3,901 - $4,400 2,994 3,378 3,750 3,750 3,750 3,750 22,210
3,534 3,984 4,428 4,428 4,428 4,428 22,212
$4,401 - $4,900 2,622 2,994 3,378 3,750 3,750 3,750 22,215
3,096 3,534 3,984 4,428 4,428 4,428 22,217
$4,901 - $5,400 2,250 2,622 2,994 3,378 3,750 3,750 22,220
2,658 3,096 3,534 3,984 4,428 4,428 22,222
$5,401 - $5,900 1,878 2,250 2,622 2,994 3,378 3,750 22,225
2,220 2,658 3,096 3,534 3,984 4,428 22,227
$5,901 - $6,900 1,506 1,878 2,250 2,622 2,994 3,378 22,230
1,770 2,220 2,658 3,096 3,534 3,984 22,232
$6,901 - $7,900 1,122 1,506 1,878 2,250 2,622 2,994 22,235
1,320 1,770 2,220 2,658 3,096 3,534 22,237
$7,901 - $8,900 930 1,122 1,506 1,878 2,250 2,622 22,240
1,092 1,320 1,770 2,220 2,658 3,096 22,242
$8,901 - $10,400 750 930 1,122 1,506 1,878 2,250 22,245
882 1,092 1,320 1,770 2,220 2,658 22,247
$10,401 - $11,900 684 750 930 1,122 1,506 1,878 22,250
804 882 1,092 1,320 1,770 2,220 22,252
$11,901 - $13,400 612 684 750 930 1,122 1,506 22,255
720 804 882 1,092 1,320 1,770 22,257
$13,401 - $14,900 -0- 612 684 750 930 1,122 22,260
720 804 882 1,092 1,320 22,262
$14,901 - $17,900 -0- -0- 612 684 750 930 22,265
720 804 882 1,092 22,267
$17,901 - $20,900 -0- -0- -0- 612 684 750 22,270
720 804 882 22,272
$20,901 - $23,900 -0- -0- -0- -0- 612 684 22,274
720 804 22,275
$23,901 - $28,600 -0- -0- -0- -0- -0- 612 22,277
720 22,278
$28,601 and over -0- -0- -0- -0- -0- -0- 22,280
501
For a full-time student who is a dependent and enrolled in 22,283
an educational institution that holds a certificate of 22,284
registration from the state board of proprietary school 22,285
registration, the amount of the instructional grant for the 22,286
academic year shall be determined in accordance with the 22,287
following table: 22,288
Table of Grants 22,289
Maximum Grant $3,180 3,750 22,291
Gross Income Number of Dependents 22,292
1 2 3 4 5 or 22,300
more
$10,000 and under 3,180 3,180 3,180 3,180 3,180 22,305
$3,750 $3,750 $3,750 $3,750 $3,750 22,307
$10,001 - $11,000 2,868 3,180 3,180 3,180 3,180 22,310
3,384 3,750 3,750 3,750 3,750 22,312
$11,001 - $12,000 2,532 2,868 3,180 3,180 3,180 22,315
2,988 3,384 3,750 3,750 3,750 22,317
$12,001 - $13,000 2,214 2,532 2,868 3,180 3,180 22,320
2,616 2,988 3,384 3,750 3,750 22,322
$13,001 - $14,000 1,920 2,214 2,532 2,868 3,180 22,325
2,268 2,616 2,988 3,384 3,750 22,327
$14,001 - $15,000 1,578 1,920 2,214 2,532 2,868 22,330
1,860 2,268 2,616 2,988 3,384 22,332
$15,001 - $16,000 1,278 1,578 1,920 2,214 2,532 22,335
1,506 1,860 2,268 2,616 2,988 22,337
$16,001 - $19,000 978 1,278 1,578 1,920 2,214 22,340
1,152 1,506 1,860 2,268 2,616 22,342
$19,001 - $22,000 786 978 1,278 1,578 1,920 22,345
924 1,152 1,506 1,860 2,268 22,347
$22,001 - $25,000 630 786 978 1,278 1,578 22,350
738 924 1,152 1,506 1,860 22,352
$25,001 - $28,000 594 630 786 978 1,278 22,355
696 738 924 1,152 1,506 22,357
$28,001 - $30,000 522 594 630 786 978 22,360
502
612 696 738 924 1,152 22,362
$30,001 and over -0- -0- -0- -0- -0- 22,364
For a full-time student who is financially independent and 22,367
enrolled in an educational institution that holds a certificate 22,368
of registration from the state board of proprietary school 22,369
registration, the amount of the instructional grant for the 22,370
academic year shall be determined in accordance with the 22,371
following table: 22,372
Table of Grants 22,373
Maximum Grant $3,180 3,750 22,374
Gross Income Number of Dependents 22,375
0 1 2 3 4 5 or 22,383
more
$3,300 and under 3,180 3,180 3,180 3,180 3,180 3,180 22,388
$3,750 $3,750 $3,750 $3,750 $3,750 $3,750 22,390
$3,301 - $3,900 2,868 3,180 3,180 3,180 3,180 3,180 22,393
3,384 3,750 3,750 3,750 3,750 3,750 22,395
$3,901 - $4,400 2,532 2,868 3,180 3,180 3,180 3,180 22,398
2,988 3,384 3,750 3,750 3,750 3,750 22,400
$4,401 - $4,900 2,214 2,532 2,868 3,180 3,180 3,180 22,403
2,616 2,988 3,384 3,750 3,750 3,750 22,405
$4,901 - $5,400 1,920 2,214 2,532 2,868 3,180 3,180 22,408
2,268 2,616 2,988 3,384 3,750 3,750 22,410
$5,401 - $5,900 1,578 1,920 2,214 2,532 2,868 3,180 22,413
1,860 2,268 2,616 2,988 3,384 3,750 22,415
$5,901 - $6,900 1,278 1,578 1,920 2,214 2,532 2,868 22,418
1,506 1,860 2,268 2,616 2,988 3,384 22,420
$6,901 - $7,900 978 1,278 1,578 1,920 2,214 2,532 22,423
1,152 1,506 1,860 2,268 2,616 2,988 22,425
$7,901 - $8,900 786 978 1,278 1,578 1,920 2,214 22,428
924 1,152 1,506 1,860 2,268 2,616 22,430
$8,901 - $10,400 630 786 978 1,278 1,578 1,920 22,433
738 924 1,152 1,506 1,860 2,268 22,435
$10,401 - $11,900 594 630 786 978 1,278 1,578 22,438
503
696 738 924 1,152 1,506 1,860 22,440
$11,901 - $13,400 522 594 630 786 978 1,278 22,443
612 696 738 924 1,152 1,506 22,445
$13,401 - $14,900 -0- 522 594 630 786 978 22,448
612 696 738 924 1,152 22,450
$14,901 - $17,900 -0- -0- 522 594 630 786 22,453
612 696 738 924 22,455
$17,901 - $20,900 -0- -0- -0- 522 594 630 22,458
612 696 738 22,460
$20,901 - $23,900 -0- -0- -0- -0- 522 594 22,462
612 696 22,464
$23,901 - $28,600 -0- -0- -0- -0- -0- 522 22,466
612 22,468
$28,601 and over -0- -0- -0- -0- -0- -0- 22,470
For a full-time student who is a dependent and enrolled in 22,473
a stateassisted educational institution, the amount of the 22,474
instructional grant for the academic year shall be determined in 22,475
accordance with the following table: 22,476
Table of Grants 22,477
Maximum Grant $1,512 1,782 22,478
Gross Income Number of Dependents 22,479
1 2 3 4 5 or 22,483
more
$10,000 and under $ 1,512 $ 1,512 $ 1,512 $ 1,512 $ 1,512 22,488
1,782 1,782 1,782 1,782 1,782 22,490
$10,001 - $11,000 1,356 1,512 1,512 1,512 1,512 22,493
1,602 1,782 1,782 1,782 1,782 22,495
$11,001 - $12,000 1,200 1,356 1,512 1,512 1,512 22,498
1,416 1,602 1,782 1,782 1,782 22,500
$12,001 - $13,000 1,062 1,200 1,356 1,512 1,512 22,503
1,254 1,416 1,602 1,782 1,782 22,505
$13,001 - $14,000 912 1,062 1,200 1,356 1,512 22,508
1,074 1,254 1,416 1,602 1,782 22,510
$14,001 - $15,000 750 912 1,062 1,200 1,356 22,513
504
882 1,074 1,254 1,416 1,602 22,515
$15,001 - $16,000 606 750 912 1,062 1,200 22,518
708 882 1,074 1,254 1,416 22,520
$16,001 - $19,000 456 606 750 912 1,062 22,523
534 708 882 1,074 1,254 22,525
$19,001 - $22,000 366 456 606 750 912 22,528
432 534 708 882 1,074 22,530
$22,001 - $25,000 300 366 456 606 750 22,533
348 432 534 708 882 22,535
$25,001 - $28,000 282 300 366 456 606 22,538
324 348 432 534 708 22,540
$28,001 - $30,000 252 282 300 366 456 22,543
294 324 348 432 534 22,545
$30,001 and over -0- -0- -0- -0- -0- 22,547
For a full-time student who is financially independent and 22,550
enrolled in a state-assisted educational institution, the amount 22,551
of the instructional grant for the academic year shall be 22,552
determined in accordance with the following table: 22,553
Table of Grants 22,554
Maximum Grant $1,152 1,782 22,555
Gross Income Number of Dependents 22,556
0 1 2 3 4 5 or 22,564
more
$3,300 and under $1,512 $1,512 $1,512 $1,512 $1,512 $1,512 22,569
1,782 1,782 1,782 1,782 1,782 1,782 22,571
$3,301 - $3,900 1,356 1,512 1,512 1,512 1,512 1,512 22,574
1,602 1,782 1,782 1,782 1,782 1,782 22,576
$3,901 - $4,400 1,200 1,356 1,512 1,512 1,512 1,512 22,579
1,416 1,602 1,782 1,782 1,782 1,782 22,581
$4,401 - $4,900 1,062 1,200 1,356 1,512 1,512 1,512 22,584
1,254 1,416 1,602 1,782 1,782 1,782 22,586
$4,901 - $5,400 912 1,062 1,200 1,356 1,512 1,512 22,589
1,074 1,254 1,416 1,602 1,782 1,782 22,591
$5,401 - $5,900 750 912 1,062 1,200 1,356 1,512 22,594
505
882 1,074 1,254 1,416 1,602 1,782 22,596
$5,901 - $6,900 606 750 912 1,062 1,200 1,356 22,599
708 882 1,074 1,254 1,416 1,602 22,601
$6,901 - $7,900 456 606 750 912 1,062 1,200 22,604
534 708 882 1,074 1,254 1,416 22,606
$7,901 - $8,900 366 456 606 750 912 1,062 22,609
432 534 708 882 1,074 1,254 22,611
$8,901 - $10,400 300 366 456 606 750 912 22,614
348 432 534 708 882 1,074 22,616
$10,401 - $11,900 282 300 366 456 606 750 22,619
324 348 432 534 708 882 22,621
$11,901 - $13,400 252 282 300 366 456 606 22,624
294 324 348 432 534 708 22,626
$13,401 - $14,900 -0- 252 282 300 366 456 22,629
294 324 348 432 534 22,631
$14,901 - $17,900 -0- -0- 252 282 300 366 22,634
294 324 348 432 22,636
$17,901 - $20,900 -0- -0- -0- 252 282 300 22,639
294 324 348 22,641
$20,901 - $23,900 -0- -0- -0- -0- 252 282 22,644
294 324 22,646
$23,901 - $28,600 -0- -0- -0- -0- -0- 252 22,649
294 22,651
$28,601 and over -0- -0- -0- -0- -0- -0- 22,654
(D) No grant shall be made to any student in a course of 22,657
study in theology, religion, or other field of preparation for a 22,658
religious profession unless such course of study leads to an 22,659
accredited bachelor of arts, bachelor of science, or associate of 22,660
arts degree. 22,661
(E)(1) Except as provided in division (E)(2) of this 22,663
section, no grant shall be made to any student for enrollment 22,664
during a school year in an institution with a default rate, as of 22,665
the fifteenth day of June preceding such school year, equal to or 22,666
greater than thirty per cent for each of the preceding two years. 22,667
506
(2) Division (E)(1) of this section does not apply to the 22,669
following: 22,670
(a) Any student enrolled in an institution that under 22,672
federal law appeals its loss of eligibility for federal financial 22,673
aid and the United States secretary of education determines its 22,674
default rate after recalculation is lower than the rate specified 22,675
in division (E)(1) of this section or the secretary determines 22,676
due to mitigating circumstances the institution may continue to 22,677
participate in federal financial aid programs. The board shall 22,679
adopt rules requiring institutions to provide information
regarding an appeal to the board. 22,680
(b) Any student who has previously received a grant under 22,682
this section who meets all other requirements of this section. 22,683
(3) The board shall adopt rules for the notification of 22,686
all institutions whose students will be ineligible to participate 22,687
in the grant program pursuant to division (E)(1) of this section. 22,688
(4) A student's attendance at an institution whose 22,690
students lose eligibility for grants under division (E)(1) of 22,691
this section shall not affect that student's eligibility to 22,692
receive a grant when enrolled in another institution. 22,693
(F) Institutions of higher education that enroll students 22,695
receiving instructional grants under this section shall report to 22,696
the board all students who have received instructional grants but 22,698
are no longer eligible for all or part of such grants and shall 22,699
refund any moneys due the state within thirty days after the 22,700
beginning of the quarter or term immediately following the 22,701
quarter or term in which the student was no longer eligible to 22,702
receive all or part of the student's grant. There shall be an 22,703
interest charge of one per cent per month on all moneys due and 22,704
payable after such thirty-day period. The board shall 22,705
immediately notify the office of budget and management and the 22,706
legislative budget office of the legislative service commission 22,707
of all refunds so received. 22,708
(G) ANY STUDENT AWARDED AN INSTRUCTIONAL GRANT UNDER THIS 22,711
507
SECTION IS ELIGIBLE TO RECEIVE AN ADDITIONAL MERIT GRANT IF THE
STUDENT HAS ACHIEVED AT LEAST THE MINIMUM SCORE DESIGNATED UNDER 22,712
DIVISION (A)(3) OF SECTION 3301.0710 OF THE REVISED CODE ON ALL 22,715
THE TESTS PRESCRIBED UNDER THAT DIVISION. SUCH A STUDENT
QUALIFIES FOR A MERIT GRANT FOR AS LONG AS THE STUDENT RECEIVES 22,716
AN INSTRUCTIONAL GRANT. MERIT GRANTS SHALL BE PAID TO A 22,717
QUALIFYING STUDENT THROUGH THE INSTITUTION IN WHICH THE STUDENT 22,718
IS ENROLLED, IN THE SAME MANNER AS INSTRUCTIONAL GRANTS. MERIT 22,719
GRANTS ARE SUBJECT TO REFUND IN ACCORDANCE WITH DIVISION (E) OF 22,720
THIS SECTION, IN THE SAME MANNER AS INSTRUCTIONAL GRANTS. 22,721
THE BOARD SHALL DETERMINE THE MAXIMUM AMOUNT OF THE MERIT 22,723
GRANT ANNUALLY BY DIVIDING THE TOTAL AMOUNT APPROPRIATED FOR 22,724
PURPOSES OF THIS DIVISION, PLUS ANY ADDITIONAL AMOUNTS WHICH THE 22,725
BOARD MAY RECEIVE FROM OTHER SOURCES, BY THE NUMBER OF STUDENTS 22,726
QUALIFYING FOR A MERIT GRANT. EACH QUALIFYING STUDENT, INCLUDING 22,727
THOSE ENROLLED LESS THAN FULL-TIME, SHALL RECEIVE THE MAXIMUM
AMOUNT, AND A STUDENT'S QUALIFYING FOR A MERIT GRANT SHALL NOT 22,729
AFFECT THE AMOUNT OF THE STUDENT'S INSTRUCTIONAL GRANT, EXCEPT 22,731
THAT THE TOTAL OF THE INSTRUCTIONAL AND MERIT GRANTS AWARDED TO 22,732
ANY STUDENT SHALL NOT EXCEED THE TOTAL INSTRUCTIONAL AND GENERAL 22,733
CHARGES OF THE INSTITUTION.
(H) NOTWITHSTANDING DIVISIONS (B) AND (C) OF THIS SECTION, 22,737
INSTRUCTIONAL GRANTS FOR FULL-TIME AND PART-TIME STUDENTS SHALL 22,738
BE MADE FOR FISCAL YEAR 2000 AND THEREAFTER IN ACCORDANCE WITH A
PLAN THAT SHALL BE DEVELOPED BY THE OHIO BOARD OF REGENTS. UNDER 22,740
THE PLAN, INSTRUCTIONAL GRANTS SHALL BE MADE EQUALLY AVAILABLE TO 22,741
FULL-TIME AND PART-TIME STUDENTS AND PAID TO STUDENTS ON A PER
CREDIT HOUR BASIS. THE PER CREDIT HOUR PAYMENTS MADE TO 22,742
FULL-TIME AND PART-TIME STUDENTS SHALL BE BASED UPON WHETHER THE 22,743
STUDENT IS FINANCIALLY DEPENDENT OR INDEPENDENT; WHETHER THE 22,744
STUDENT IS ENROLLED IN A STATE UNIVERSITY OR COLLEGE, A PRIVATE 22,745
NONPROFIT INSTITUTION OF HIGHER EDUCATION, OR A PROPRIETARY
INSTITUTION; THE STUDENT'S FAMILY INCOME; AND THE NUMBER OF 22,746
DEPENDENTS IN THE STUDENT'S FAMILY. 22,747
508
Sec. 3333.20. (A) On or before September 1, 1993, the 22,756
Ohio board of regents shall adopt educational service standards 22,757
that shall apply to all community colleges, university branches, 22,758
technical colleges, and state community colleges established 22,759
under Chapters 3354., 3355., 3357., and 3358. of the Revised 22,760
Code, respectively. These standards shall provide for such 22,761
institutions to offer or demonstrate at least the following: 22,762
(1) An appropriate range of career or technical programs 22,764
designed to prepare individuals for employment in specific 22,765
careers at the technical or paraprofessional level; 22,766
(2) Commitment to an effective array of developmental 22,768
education services providing opportunities for academic skill 22,769
enhancement; 22,770
(3) Partnerships with industry, business, government, and 22,772
labor for the retraining of the workforce and the economic 22,773
development of the community; 22,774
(4) Noncredit continuing education opportunities; 22,776
(5) College transfer programs or the inital INITIAL two 22,778
years of a baccalaureate degree for students planning to transfer 22,780
to institutions offering baccalaureate programs; 22,781
(6) Linkages with high schools to ensure that graduates 22,783
are adquately ADEQUATELY prepared for post-secondary instruction; 22,785
(7) Student access provided according to a convenient 22,787
schedule and program quality provided at an affordable price; 22,788
(8) That student fees charged by any institution are as 22,790
low as possible, especially if the institution is being supported 22,791
by a local tax levy.; 22,792
(9) A high level of community involvement in the 22,794
decision-making process in such critical areas as course 22,795
delivery, range of services, fees and budgets, and administrative 22,796
personnel. 22,797
(B) The board of regents shall consult with 22,799
representatives of state-assisted colleges and universities, as 22,800
defined in section 3333.041 of the Revised Code, in developing 22,801
509
appropriate methods for achieving or maintaining the standards 22,802
adopted pursuant to division (A) of this section. 22,803
(C) In applying the educational service standards adopted 22,805
under this section to a university branch and a technical college 22,806
CONSIDERING INSTITUTIONS that are co-located, the board of 22,807
regents shall consider the university branch and the technical 22,808
college as APPLY THE STANDARDS TO THEM IN TWO MANNERS: 22,809
(1) AS a whole entity. For purposes of this section, the 22,811
board of regents shall designate the university branches and the 22,813
technical colleges that are co-located; 22,814
(2) AS SEPARATE ENTITIES, APPLYING THE STANDARDS 22,816
SEPARATELY TO EACH. 22,817
WHEN DISTRIBUTING ANY STATE FUNDS AMONG INSTITUTIONS BASED 22,820
ON THE DEGREE TO WHICH THEY MEET THE STANDARDS, THE BOARD OF 22,821
REGENTS SHALL PROVIDE TO INSTITUTIONS THAT ARE CO-LOCATED THE
HIGHER AMOUNT PRODUCED BY THE TWO JUDGMENTS UNDER DIVISIONS 22,823
(C)(1) AND (2) OF THIS SECTION. 22,824
Sec. 3333.27. As used in this section: 22,833
(A) "Eligible institution" means a nonprofit Ohio 22,835
institution of higher education that holds a certificate of 22,836
authorization issued under section 1713.02 of the Revised Code 22,837
and meets the requirements of Title VI of the Civil Rights Act of 22,838
1964. 22,839
(B) "Resident" and "full-time student" have the meanings 22,841
established for purposes of this section by rule of the Ohio 22,842
board of regents. 22,843
The board shall establish and administer a student choice 22,846
grant program and shall adopt rules for the administration of the 22,847
program.
The board may make a grant to any resident of this state 22,850
who is enrolled as a full-time student in a bachelor's degree 22,851
program at an eligible institution and maintains an academic 22,852
record that meets or exceeds the standard established pursuant to 22,853
this section by rule of the board, except that no grant shall be 22,854
510
made to any individual who was enrolled as a student in an 22,855
institution of higher education on or before July 1, 1984, OR IS 22,856
SERVING A TERM OF IMPRISONMENT. The grant shall not exceed the 22,857
lesser of the total instructional and general charges of the 22,858
institution in which the student is enrolled, or an amount equal 22,859
to one-fourth of the total of any state instructional subsidy 22,860
amount distributed by the board in the second fiscal year of the 22,861
preceding biennium for all full-time students enrolled in 22,862
bachelor's degree programs at four-year state-assisted 22,863
institutions of higher education divided by the sum of the actual 22,864
number of full-time students enrolled in bachelor's degree 22,865
programs at four-year state-assisted institutions of higher 22,866
education reported to the board for such year by the institutions 22,867
to which the subsidy was distributed. 22,868
The board shall prescribe the form and manner of 22,870
application for grants including the manner of certification by 22,871
eligible institutions that each applicant from such institution 22,872
is enrolled in a bachelor's degree program as a full-time student 22,873
and has an academic record that meets or exceeds the standard 22,874
established by the board. 22,875
A grant awarded to an eligible student shall be paid to the 22,877
institution in which the student is enrolled, and the institution 22,878
shall reduce the student's instructional and general charges by 22,879
the amount of the grant. Each grant awarded shall be prorated 22,880
and paid in equal installments at the time of enrollment for each 22,881
term of the academic year for which the grant is awarded. No 22,882
student shall be eligible to receive a grant for more than ten 22,883
semesters, fifteen quarters, or the equivalent of five academic 22,884
years. 22,885
The receipt of an Ohio student choice grant shall not 22,887
affect a student's eligibility for assistance, or the amount of 22,888
such assistance, granted under section 3315.33, 3333.12, 3333.22, 22,889
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 22,890
student receives assistance under one or more of such sections, 22,891
511
the student choice grant made to the student shall not exceed the 22,893
difference between the amount of assistance received under such 22,894
sections and the total instructional and general charges of the 22,895
institution in which the student is enrolled. 22,896
The general assembly shall support the student choice grant 22,898
program by such sums and in such manner as it may provide, but 22,899
the board may also receive funds from other sources to support 22,901
the program.
No grant shall be made to any student enrolled in a course 22,903
of study leading to a degree in theology, religion, or other 22,904
field of preparation for a religious profession. 22,905
Institutions of higher education that enroll students 22,907
receiving grants under this section shall report to the board the 22,909
name of each student who has received such a grant but who is no 22,910
longer eligible for all or part of such grant and shall refund 22,911
all moneys due to the state within thirty days after the 22,912
beginning of the term immediately following the term in which the 22,913
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 22,914
month on all moneys due and payable after such thirty-day period. 22,915
The board shall immediately notify the office of budget and 22,917
management and the legislative budget office of the legislative 22,918
service commission of all refunds received. 22,919
Sec. 3334.01. As used in this chapter: 22,928
(A) "Aggregate original principal amount" means the 22,930
aggregate of the initial offering prices to the public of college 22,931
savings bonds, exclusive of accrued interest, if any. "Aggregate 22,932
original principal amount" does not mean the aggregate accreted 22,933
amount payable at maturity or redemption of such bonds. 22,934
(B) "Beneficiary" means a resident of this state AN 22,936
INDIVIDUAL designated BY THE PURCHASER under a tuition payment 22,937
contract or through a scholarship program as the individual 22,939
entitled to apply ON WHOSE BEHALF tuition credits purchased under 22,941
the contract or awarded through the scholarship program to the 22,942
512
payment of that individual's WILL BE APPLIED TOWARD THE PAYMENT 22,943
OF undergraduate, graduate, or professional tuition. 22,944
(C) "Capital appreciation bond" means a bond for which the 22,946
following is true: 22,947
(1) The principal amount is less than the amount payable 22,949
at maturity or early redemption; and 22,950
(2) No interest is payable on a current basis. 22,952
(D) "Tuition credit" means a credit of the Ohio tuition 22,954
trust authority purchased under section 3334.09 of the Revised 22,955
Code.
(E) "College savings bonds" means revenue and other 22,957
obligations issued on behalf of the state or any agency or 22,958
issuing authority thereof as a zero-coupon or capital 22,959
appreciation bond, and designated as college savings bonds as 22,960
provided in this chapter. "College savings bond issue" means any 22,961
issue of bonds of which any part has been designated as college 22,962
savings bonds. 22,963
(F) "Institution of higher education" means a state 22,965
institution of higher education, a private college, university, 22,967
or other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board 22,969
of regents pursuant to Chapter 1713. of the Revised Code OR A 22,970
CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD OF 22,971
PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 22,972
REVISED CODE, or an accredited college, university, or other 22,973
postsecondary institution located outside this state that is 22,974
accredited by an accrediting organization or professional 22,975
association recognized by the authority. TO BE CONSIDERED AN 22,976
INSTITUTION OF HIGHER EDUCATION, AN INSTITUTION SHALL MEET THE 22,977
DEFINITION OF AN ELIGIBLE EDUCATIONAL INSTITUTION UNDER SECTION 22,978
529 OF THE INTERNAL REVENUE CODE.
(G) "Issuing authority" means any authority, commission, 22,980
body, agency, or individual empowered by the Ohio constitution 22,982
CONSTITUTION or the Revised Code to issue bonds or any other debt 22,983
513
obligation of the state or any agency or department thereof. 22,984
"Issuer" means the issuing authority or, if so designated under 22,985
division (B) of section 3334.04 of the Revised Code, the 22,986
treasurer of state.
(H) "Tuition" means the charges imposed to attend an 22,988
institution of higher education as an undergraduate, graduate, or 22,989
professional student and all fees required as a condition of 22,991
enrollment, as determined by the Ohio tuition trust authority. 22,992
"Tuition" does not include fees charged to out-of-state residents 22,993
by state institutions of higher education, laboratory fees, room 22,994
and board, or other similar fees and charges. 22,995
(I) "Weighted average tuition" means the tuition cost 22,997
resulting from the following calculation: 22,998
(1) Add the products of the annual undergraduate tuition 23,000
at each four-year state university multiplied by that 23,001
institution's total number of undergraduate fiscal year equated 23,002
students; and 23,003
(2) Divide the gross total of the products from division 23,005
(J)(1) of this section by the total number of undergraduate 23,006
fiscal year equated students attending four-year state 23,007
universities. 23,008
(J) "Zero-coupon bond" means a bond which has a stated 23,010
interest rate of zero per cent and on which no interest is 23,011
payable until the maturity or early redemption of the bond, and 23,012
is offered at a substantial discount from its original stated 23,013
principal amount. 23,014
(K) "State institution of higher education" includes the 23,016
state universities listed in section 3345.011 of the Revised 23,017
Code, community colleges created pursuant to Chapter 3354. of the 23,018
Revised Code, university branches created pursuant to Chapter 23,019
3355. of the Revised Code, technical colleges created pursuant to 23,020
Chapter 3357. of the Revised Code, state community colleges 23,021
created pursuant to Chapter 3358. of the Revised Code, the 23,022
medical college of Ohio at Toledo, and the northeastern Ohio 23,023
514
universities college of medicine.
(L) "Four-year state university" means those state 23,025
universities listed in section 3345.011 of the Revised Code. 23,026
(M) "Principal amount" refers to the initial offering 23,028
price to the public of an obligation, exclusive of the accrued 23,029
interest, if any. "Principal amount" does not refer to the 23,030
aggregate accreted amount payable at maturity or redemption of an 23,031
obligation. 23,032
(N) "Scholarship program" means a program registered with 23,034
the Ohio tuition trust authority pursuant to section 3334.18 of 23,035
the Revised Code.
(O) "INTERNAL REVENUE CODE" MEANS THE "INTERNAL REVENUE 23,038
CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1 ET SEQ., AS AMENDED. 23,039
(P) "OTHER HIGHER EDUCATION EXPENSES" MEANS ROOM AND BOARD 23,042
AND BOOKS, SUPPLIES, EQUIPMENT, AND NONTUITION-RELATED FEES 23,043
ASSOCIATED WITH THE COST OF ATTENDANCE OF A BENEFICIARY AT AN 23,044
INSTITUTION OF HIGHER EDUCATION, BUT ONLY TO THE EXTENT THAT SUCH 23,045
EXPENSES MEET THE DEFINITION OF "QUALIFIED HIGHER EDUCATION 23,046
EXPENSES" UNDER SECTION 529 OF THE INTERNAL REVENUE CODE. "OTHER 23,047
HIGHER EDUCATION EXPENSES" DOES NOT INCLUDE TUITION AS DEFINED IN 23,048
DIVISION (H) OF THIS SECTION. 23,049
(Q) "PURCHASER" MEANS THE PERSON SIGNING THE TUITION 23,052
PAYMENT CONTRACT, WHO CONTROLS THE ACCOUNT AND ACQUIRES TUITION 23,053
CREDITS FOR AN ACCOUNT UNDER THE TERMS AND CONDITIONS OF THE 23,054
CONTRACT.
Sec. 3334.03. (A) There is hereby created the Ohio 23,063
tuition trust authority, which shall have the powers enumerated 23,064
in this chapter AND WHICH SHALL OPERATE AS A QUALIFIED STATE 23,065
TUITION PROGRAM WITHIN THE MEANING OF SECTION 529 OF THE INTERNAL 23,066
REVENUE CODE. The exercise by the authority of its powers shall 23,068
be and is hereby declared an essential state governmental
function. The authority is subject to all provisions of law 23,069
generally applicable to state agencies which do not conflict with 23,070
the provisions of this chapter. 23,071
515
(B) The Ohio tuition trust authority shall consist of nine 23,073
members, no more than five of whom shall be of the same political 23,074
party. Four members shall be appointed by the governor with the 23,075
advice and consent of the senate as follows: one shall represent 23,076
state institutions of higher education, one shall represent 23,077
private nonprofit colleges and universities located in Ohio, and 23,078
two shall have experience in the field of banking, investment 23,079
banking, marketing, insurance, or law. Four members shall be 23,080
appointed by the speaker of the house of representatives and the 23,081
president of the senate as follows: the speaker of the house of 23,082
representatives shall appoint one member of the house from each 23,083
political party and the president of the senate shall appoint one 23,084
member of the senate from each political party. The chancellor 23,085
of the board of regents shall be an ex officio voting member; 23,086
provided, however, that the chancellor may designate a 23,087
vice-chancellor of the board of regents to serve as his THE 23,088
CHANCELLOR'S representative. The political party of the 23,090
chancellor shall be deemed the political party of the designee 23,091
for purposes of determining that no more than five members are of 23,092
the same political party. 23,093
Initial gubernatorial appointees to the authority shall 23,095
serve staggered terms, with two terms expiring on January 31, 23,096
1991, one term expiring on January 31, 1992, and one term 23,097
expiring on January 31, 1993. Thereafter, terms of office for 23,098
gubernatorial appointees shall be for four years. The initial 23,099
terms of the four legislative members shall expire on January 31, 23,100
1991. Thereafter legislative members shall serve two-year terms, 23,101
provided that legislative members may continue to serve on the 23,102
authority only if they remain members of the general assembly. 23,103
Any vacancy on the authority shall be filled in the same manner 23,104
as the original appointment, except that any person appointed to 23,105
fill a vacancy shall be appointed to the remainder of the 23,106
unexpired term. Any member is eligible for reappointment. 23,107
(C) Any member may be removed by the appointing authority 23,109
516
for misfeasance, malfeasance, or willful neglect of duty or for 23,110
other cause after notice and a public hearing, unless the notice 23,111
and hearing are waived in writing by the member. Members shall 23,112
serve without compensation but shall receive their reasonable and 23,113
necessary expenses incurred in the conduct of authority business. 23,114
(D) The speaker of the house of representatives and the 23,116
president of the senate shall each designate a member of the 23,117
authority to serve as co-chairmen CO-CHAIRPERSONS. The four 23,118
gubernatorial appointees and the chancellor of the board of 23,120
regents or his THE CHANCELLOR'S designee shall serve as the 23,122
executive committee of the authority, and shall elect an 23,123
executive chairman CHAIRPERSON from among the executive committee 23,125
members. The authority and the executive committee may elect 23,126
such other officers as determined by the authority or the
executive committee respectively. The authority shall meet at 23,127
least annually at the call of either co-chairman CO-CHAIRPERSON 23,128
and at such other times as either co-chairman CO-CHAIRPERSON or 23,130
the authority determines necessary. In the absence of both 23,132
co-chairmen CO-CHAIRPERSONS, the executive chairman CHAIRPERSON 23,134
shall serve as the presiding officer of the authority. The 23,136
executive committee shall meet at the call of the executive
chairman CHAIRPERSON or as the executive committee determines 23,137
necessary. The authority may delegate to the executive committee 23,139
such duties and responsibilities as the authority determines 23,140
appropriate, except that the authority may not delegate to the 23,141
executive committee the final determination of the annual price 23,142
of a tuition credit, the final designation of bonds as college 23,143
savings bonds, or the employment of an executive director of the 23,144
authority. Upon such delegation, the executive committee shall 23,145
have the authority to act pursuant to such delegation without 23,146
further approval or action by the authority. A majority of the 23,147
authority shall constitute a quorum of the authority, and the 23,148
affirmative vote of a majority of the members present shall be 23,149
necessary for any action taken by the authority. A majority of 23,151
517
the executive committee shall constitute a quorum of the 23,152
executive committee, and the affirmative vote of a majority of
the members present shall be necessary for any action taken by 23,154
the executive committee. No vacancy in the membership of the 23,155
authority or the executive committee shall impair the rights of a 23,156
quorum to exercise all rights and perform all duties of the 23,157
authority or the executive committee respectively. 23,158
Sec. 3334.08. (A) In addition to any other powers 23,167
conferred by this chapter, the Ohio tuition trust authority may 23,168
do any of the following: 23,169
(1) Impose reasonable residency requirements for 23,171
beneficiaries of tuition credits; 23,172
(2) Impose reasonable limits on the number of tuition 23,174
credit participants; 23,175
(3) Impose and collect administrative fees and charges in 23,177
connection with any transaction under this chapter; 23,178
(4) Purchase insurance from insurers licensed to do 23,180
business in this state providing for coverage against any loss in 23,181
connection with the authority's property, assets, or activities 23,182
or to further ensure the value of tuition credits; 23,183
(5) Indemnify or purchase policies of insurance on behalf 23,185
of members, officers, and employees of the authority from 23,186
insurers licensed to do business in this state providing for 23,187
coverage for any liability incurred in connection with any civil 23,188
action, demand, or claim against a director, officer, or employee 23,189
by reason of an act or omission by the director, officer, or 23,190
employee that was not manifestly outside the scope of the 23,191
employment or official duties of the director, officer, or 23,192
employee or with malicious purpose, in bad faith, or in a wanton 23,194
or reckless manner;
(6) Make, execute, and deliver contracts, conveyances, and 23,196
other instruments necessary to the exercise and discharge of the 23,197
powers and duties of the authority; 23,198
(7) Promote, advertise, and publicize the college savings 23,200
518
program; 23,201
(8) Adopt rules under section 111.15 of the Revised Code 23,203
for the implementation of the college savings program; 23,204
(9) Contract, for the provision of all or part of the 23,206
services necessary for the management and operation of the 23,207
college savings program, with a bank, trust company, savings and 23,208
loan association, insurance company, or licensed dealer in 23,209
securities if the bank, company, association, or dealer is 23,210
authorized to do business in this state and information about the 23,211
contract is filed with the controlling board pursuant to division 23,212
(D)(6) of section 127.16 of the Revised Code; 23,213
(10) Contract for other services, or for goods, needed by 23,215
the authority in the conduct of its business, including but not 23,216
limited to credit card services; 23,217
(11) Employ an executive director and other personnel as 23,219
necessary to carry out its responsibilities under this chapter, 23,220
and fix the compensation of these persons. All employees of the 23,221
authority shall be in the unclassified civil service and shall be 23,222
eligible for membership in the public employees retirement 23,223
system. 23,224
(12) Contract with financial consultants, actuaries, 23,226
auditors, and other consultants as necessary to carry out its 23,227
responsibilities under this chapter; 23,228
(13) Enter into agreements with any agency of the state or 23,230
its political subdivisions or with private employers under which 23,231
an employee may agree to have a designated amount deducted in 23,232
each payroll period from the wages or salary due the employee for 23,233
the purpose of purchasing tuition credits pursuant to a tuition 23,235
payment contract; 23,236
(14) Enter into an agreement with the treasurer of state 23,238
under which the treasurer of state will receive, and credit to 23,239
the Ohio tuition trust fund, from any bank or savings and loan 23,240
association authorized to do business in this state, amounts that 23,241
a depositor of the bank or association authorizes the bank or 23,242
519
association to withdraw periodically from the depositor's account 23,243
for the purpose of purchasing tuition credits pursuant to a 23,245
tuition payment contract; 23,246
(15) Solicit and accept gifts, grants, and loans from any 23,248
person or governmental agency and participate in any governmental 23,249
program; 23,250
(16) Except as provided in division (C) of section 3334.09 23,253
of the Revised Code, impose IMPOSE limits on the number of 23,254
credits which may be purchased on behalf of or assigned or 23,255
awarded to any beneficiary;
(17) Impose restrictions on the substitution of another 23,257
individual for the original beneficiary; 23,258
(18) Impose a limit on the age of a beneficiary, above 23,260
which tuition credits may not be purchased on behalf of that 23,261
beneficiary; 23,262
(19) Enter into a cooperative agreement with the treasurer 23,264
of state to provide for the direct disbursement of payments under 23,265
tuition payment contracts; 23,266
(20) DETERMINE THE OTHER HIGHER EDUCATION EXPENSES FOR 23,268
WHICH TUITION CREDITS MAY BE USED; 23,269
(21) TERMINATE ANY PREPAID TUITION CONTRACT IF NO 23,271
PURCHASES ARE MADE FOR A PERIOD OF THREE YEARS OR MORE AND THERE 23,272
ARE FEWER THAN A TOTAL OF FIVE TUITION UNITS OR TUITION CREDITS 23,273
ON ACCOUNT, PROVIDED THAT NOTICE OF A POSSIBLE TERMINATION SHALL 23,274
BE PROVIDED IN ADVANCE, EXPLAINING ANY OPTIONS TO PREVENT 23,275
TERMINATION, AND A REASONABLE AMOUNT OF TIME SHALL BE PROVIDED 23,276
WITHIN WHICH TO ACT TO PREVENT A TERMINATION; 23,277
(22) Perform all acts necessary and proper to carry out 23,279
the duties and responsibilities of the authority pursuant to this 23,280
chapter. 23,281
(B) Except as otherwise specified in this chapter, the 23,283
provisions of Chapters 123., 125., and 4117. of the Revised Code 23,284
shall not apply to the authority. The department of 23,285
administrative services shall, upon the request of the authority, 23,286
520
act as the authority's agent for the purchase of equipment, 23,287
supplies, insurance, or services, or the performance of 23,288
administrative services pursuant to Chapter 125. of the Revised 23,289
Code. 23,290
Sec. 3334.09. (A) The EXCEPT IN THE CASE OF A SCHOLARSHIP 23,299
PROGRAM ESTABLISHED IN ACCORDANCE WITH SECTION 3334.17 OF THE 23,300
REVISED CODE, THE Ohio tuition trust authority may enter into a 23,302
tuition payment contract with any person or governmental entity 23,303
for the purchase of tuition credits IF EITHER THE PURCHASER OR 23,304
THE BENEFICIARY IS A RESIDENT OF THIS STATE AT THE TIME THE
CONTRACT IS ENTERED INTO. A tuition payment contract shall allow 23,305
any person or governmental entity to purchase tuition credits at 23,307
the price determined by the authority pursuant to section 3334.07 23,308
or 3334.12 of the Revised Code for the year in which the tuition 23,309
credit is purchased. THE PURCHASER SHALL NAME IN THE PAYMENT 23,310
CONTRACT ONE SPECIFIC INDIVIDUAL AS THE BENEFICIARY FOR THE 23,311
TUITION CREDITS.
A purchaser of tuition credits shall elect one of the 23,313
following options at the time of entering into a contract under 23,314
this section: 23,315
(1) To name in the payment contract one specific 23,317
individual as the beneficiary for the tuition credits. 23,318
(2) To name in the payment contract from two to five 23,320
specific individuals as the beneficiaries for the tuition 23,322
credits. A person or governmental entity selecting this option 23,323
shall also elect whether to retain ownership of the credits in 23,324
the account established under division (F)(1) of section 3334.11 23,325
of the Revised Code for the contract or to allocate the credits 23,326
in the account to one or more of the designated beneficiaries. 23,327
If the purchaser retains ownership, the purchaser may allocate 23,328
the tuition credits among the specified beneficiaries at the time 23,330
of enrollment in an institution of higher education. If the 23,331
purchaser assigns ownership of the credits to the beneficiaries, 23,332
each beneficiary is entitled to use those credits the beneficiary 23,333
521
owns.
In accordance with rules of the authority, beneficiaries 23,335
CREDITS MAY BE TRANSFERRED TO THE CREDIT OF ANOTHER BENEFICIARY 23,336
AND A NEW BENEFICIARY may be deleted, or be added to or 23,337
substituted for those THE BENEFICIARY originally named in the 23,338
contract and ownership of the assets may be changed during the 23,340
life of the contract, except that no more than five specified 23,341
individuals shall be included in a contract at any one time. 23,342
(3) To establish a tuition credit account for unspecified 23,344
beneficiaries, and from time to time to award tuition credits 23,345
from the account to one or more beneficiaries or to donate 23,346
tuition credits from the account to a scholarship program. The 23,347
purchaser shall be the owner of the tuition credits, except 23,348
credits donated to a scholarship program. 23,349
Annually, by the date established by the authority, the 23,351
purchaser shall notify the authority of the number of credits to 23,352
be awarded to beneficiaries for the ensuing academic year and 23,353
shall provide whatever information the authority may require 23,354
about those beneficiaries. 23,355
In lieu of purchasing credits to establish an account 23,357
pursuant to division (A)(1) or (2) of this section, the owner of 23,358
a tuition payment account established by a contract described by 23,359
division (A)(3) of this section may utilize tuition credits from 23,361
such account in order to enter into a contract for establishment 23,362
of a specified named beneficiary account pursuant to division 23,363
(A)(1) or (2) of this section. 23,364
(4) To purchase any number of credits and donate them 23,366
directly to a scholarship program. The board of education, 23,367
public high school, or nonpublic high school that establishes the 23,368
scholarship program shall be the owner of credits purchased 23,369
pursuant to division (A)(4) of this section, and the purchaser 23,371
shall have no rights to the credits.
(B) Each tuition credit shall entitle the beneficiary to 23,373
an amount equal to one per cent of the weighted average tuition. 23,374
522
(C) There shall be no limit on the number of tuition 23,376
credits that may be purchased pursuant to a contract described by 23,377
division (A)(3) of this section. 23,378
(D) Nothing in this chapter or in any tuition payment 23,380
contract entered into pursuant to this chapter shall be construed 23,381
as a guarantee by the state, the authority, or any institution of 23,382
higher education that a beneficiary will be admitted to an 23,383
institution of higher education, or, upon admission to an 23,384
institution of higher education, will be permitted to continue to 23,385
attend or will receive a degree from an institution of higher 23,386
education. Nothing in this chapter or in any tuition payment 23,387
contract entered into pursuant to this chapter shall be 23,388
considered a guarantee that the beneficiary's cost of tuition at 23,389
an institution of higher education other than a state institution 23,390
of higher education will be covered in full by the proceeds of 23,391
the beneficiary's tuition credits. 23,392
(E)(D) The following information shall be disclosed in 23,394
writing to each purchaser of tuition credits and, where 23,395
appropriate, to each school district, public high school, or 23,396
nonpublic high school maintaining ENTITY ESTABLISHING a 23,397
scholarship program UNDER SECTION 3334.17 OF THE REVISED CODE: 23,398
(1) The terms and conditions for purchasing THE PURCHASE 23,400
AND USE OF tuition credits; 23,401
(2) In the case of a contract described by division (A)(2) 23,403
of this section, any restrictions on the substitution of another 23,404
individual for the original beneficiary and any restrictions on 23,405
the transfer of ownership of credits in the payment account; 23,406
(3) The person or entity entitled to terminate the 23,408
contract; 23,409
(4) The terms and conditions under which the contract may 23,411
be terminated and the amount of the refund, if any, to which the 23,412
person or entity terminating the contract, or that person's or 23,413
entity's designee, is entitled upon termination; 23,414
(5) The obligation of the authority to make payments to a 23,416
523
beneficiary, or an institution of higher education on behalf of a 23,417
beneficiary, under division (B) of this section based upon the 23,418
number of tuition credits purchased on behalf of the beneficiary 23,419
or awarded to the beneficiary pursuant to a scholarship program 23,420
or division (A)(3) of this section; 23,421
(6) The method by which tuition credits shall be applied 23,423
toward payment of tuition AND OTHER HIGHER EDUCATION EXPENSES if 23,424
in any academic term the beneficiary is a part-time student; 23,425
(7) The period of time during which a beneficiary may 23,427
receive benefits under the contract; 23,428
(8) The terms and conditions under which money may be 23,430
wholly or partially withdrawn from the program, including, but 23,431
not limited to, any reasonable charges and fees that may be 23,432
imposed for withdrawal; 23,433
(9) All other rights and obligations of the purchaser and 23,435
the authority, including the provisions of division (A) of 23,436
section 3334.12 of the Revised Code, and any other terms, 23,437
conditions, and provisions the authority considers necessary and 23,438
appropriate. 23,439
(F)(E) A tuition payment contract may provide that the 23,441
authority will pay directly to the institution of higher 23,442
education in which a beneficiary is enrolled during a term the 23,443
amount represented by the tuition credits being used that term. 23,444
(G)(F) A tuition payment contract described by division 23,446
(A)(1) or (2) of this section may provide that if the contract 23,447
has not been terminated or a beneficiary designated in the 23,448
contract has not used credits purchased under the contract HAVE 23,449
NOT BEEN APPLIED TOWARD THE PAYMENT OF TUITION OR OTHER HIGHER 23,450
EDUCATION EXPENSES within a specified period of time, the 23,451
authority may, after making a reasonable effort to locate the 23,452
purchaser of the tuition credits, the beneficiary, and any person 23,453
designated in the contract to act on behalf of the purchaser of 23,454
the credits or the beneficiary, terminate the contract and retain 23,455
the amounts payable under the contract. 23,456
524
(H)(G) If, at any time after tuition credits are purchased 23,458
on behalf of a beneficiary or awarded to a beneficiary or 23,459
pursuant to a scholarship program or division (A)(3) of this 23,460
section, the beneficiary becomes a nonresident of this state, OR, 23,462
IF THE BENEFICIARY WAS NOT A RESIDENT OF THIS STATE AT THE TIME 23,463
THE TUITION PAYMENT CONTRACT WAS ENTERED INTO, THE PURCHASER 23,464
BECOMES A NONRESIDENT OF THIS STATE, credits purchased or awarded 23,465
while the beneficiary was a resident may be applied by the 23,466
beneficiary ON BEHALF OF THE BENEFICIARY toward the payment of 23,467
tuition at an institution of higher education and other 23,468
educational HIGHER EDUCATION expenses in the manner specified in 23,470
division (B) of this section, except that if the beneficiary 23,471
enrolls in a state institution of higher education, the 23,472
beneficiary shall be responsible for payment of all nonresident 23,473
fees charged to out-of-state residents by the institution in 23,474
which the beneficiary is enrolled.
Sec. 3334.10. Divisions (A) and (B) of this section do not 23,483
apply to tuition payment contracts described by division (A) (3) 23,484
or (4) of section 3334.09 SCHOLARSHIP PROGRAMS ESTABLISHED UNDER 23,485
SECTION 3334.17 of the Revised Code. 23,486
(A) Unless otherwise provided for in the contract, a 23,489
tuition payment contract may be terminated by the person entering 23,490
into the contract, the beneficiary, or by any person or 23,491
combination of persons designated in the contract. A tuition 23,492
payment contract may be terminated PURCHASER under any of the 23,493
following circumstances UPON THE WRITTEN REQUEST OF THE PURCHASER
TO THE AUTHORITY: 23,494
(1) Upon the death or permanent disability of the 23,496
beneficiary; 23,497
(2) Upon notification to the Ohio tuition trust authority 23,499
in writing that the beneficiary is age eighteen or older, has 23,500
decided not to attend an institution of higher education, and 23,501
requests that the tuition payment contract be terminated; 23,502
(3) Upon THE BENEFICIARY'S completion of the degree 23,504
525
requirements at a state AN institution of higher education other 23,505
than a state university listed in section 3345.011 of the Revised 23,507
Code;
(4) Upon completion of the bachelor's degree requirements 23,509
at an institution of higher education in fewer than twelve 23,510
quarters, eight semesters, or their equivalent THE ROLLOVER OF 23,511
ALL CONTRIBUTIONS TO A TUITION CREDIT ACCOUNT TO THE PREPAID 23,512
TUITION PLAN OF ANOTHER STATE; 23,513
(5) Upon the occurrence of other circumstances determined 23,515
by the authority to be grounds for termination. 23,516
(B) The authority shall determine the method and schedule 23,518
for payment of refunds upon termination of a tuition payment 23,519
contract. 23,520
(1) In cases described by division (A)(2), OR (3), or (4) 23,523
of this section, the amount of the refund to which the person
designated in the contract is entitled shall be equal to 23,524
ninety-nine one-hundredths of one per cent of the weighted 23,525
average tuition in the academic year the contract is terminated, 23,526
multiplied by the number of tuition credits purchased and not 23,527
used, minus any reasonable charges and fees provided for by the 23,528
authority, OR SUCH OTHER LESSER SUM AS SHALL BE DETERMINED BY THE 23,529
AUTHORITY BUT ONLY TO THE EXTENT THAT SUCH A LESSER SUM IS 23,530
NECESSARY TO MEET THE REFUND PENALTY REQUIREMENTS FOR QUALIFIED 23,531
STATE TUITION PROGRAMS UNDER SECTION 529 OF THE INTERNAL REVENUE 23,532
CODE.
(2) In cases described by division (A)(1) of this section, 23,534
the amount of the refund to which the person designated in the 23,535
contract is entitled shall be equal to the greater of the 23,536
following:
(a) One per cent of the weighted average tuition in the 23,539
academic year the contract is terminated, multiplied by the 23,540
number of tuition credits purchased and not used; 23,541
(b) The total purchase price of all tuition credits 23,543
purchased for the beneficiary and not used. 23,544
526
(3) In cases described by division (A)(5) of this section, 23,546
the amount of the refund to which the person designated in the 23,547
contract is entitled shall be either of the following as 23,548
determined by the authority: 23,549
(a) The refund provided by division (B)(1) of this 23,551
section; 23,552
(b) The refund provided by division (B)(2) of this 23,555
section, OR SUCH OTHER LESSER SUM AS SHALL BE DETERMINED BY THE 23,556
AUTHORITY BUT ONLY TO THE EXTENT THAT SUCH A LESSER SUM IS 23,557
NECESSARY TO MEET THE REFUND PENALTY REQUIREMENTS FOR QUALIFIED 23,558
STATE TUITION PROGRAMS UNDER SECTION 529 OF THE INTERNAL REVENUE 23,559
CODE.
(C)(1) In the case of a contract described by division 23,561
(A)(3) of section 3334.09 of the Revised Code, the contract may 23,563
be terminated and a refund made to the purchaser only for just 23,564
cause with the approval of the authority. The amount of any 23,565
refund shall be determined by the authority.
(2) In the case of a scholarship program, a refund of 23,567
tuition credits in the program's account may be made to the board 23,569
of education, public high school, or nonpublic high school only 23,571
for just cause with the approval of the authority. THE REFUND 23,572
SHALL BE PAID TO THE ENTITY THAT ESTABLISHED THE SCHOLARSHIP 23,573
PROGRAM OR, WITH THAT ENTITY'S APPROVAL, TO THE AUTHORITY IF THIS 23,574
IS AUTHORIZED BY FEDERAL TAX LAW. The amount of any refund shall 23,575
be determined by the authority AND SHALL MEET THE REQUIREMENTS 23,576
FOR REFUNDS MADE ON ACCOUNT OF SCHOLARSHIPS UNDER SECTION 529 OF 23,577
THE INTERNAL REVENUE CODE. 23,578
(D) If a beneficiary is awarded a scholarship other than 23,580
under a scholarship program, a waiver of tuition, or similar 23,581
subvention that the authority determines cannot be converted into 23,583
money by the beneficiary, the authority shall, during each 23,584
academic term that the beneficiary furnishes the authority such 23,585
information about the scholarship, waiver, or similar subvention 23,586
as the authority requires, refund to the person designated in the 23,587
527
contract, or, in the case of a beneficiary under a scholarship 23,588
program, to the beneficiary an amount equal to the value that the 23,589
tuition credits that are not needed on account of the 23,590
scholarship, waiver, or similar subvention would otherwise have 23,591
to the beneficiary that term at the institution of higher
education where the beneficiary is enrolled. The authority may, 23,592
at its sole option, designate the institution of higher education 23,594
at which the beneficiary is enrolled as the agent of the 23,595
authority for purposes of refunds pursuant to this division. 23,596
(E) If, in any academic term for which tuition credits 23,598
have been used to pay all or part of a beneficiary's tuition, the 23,599
beneficiary withdraws from the institution of higher education at 23,600
which the beneficiary is enrolled prior to the end of the 23,601
academic term, a pro rata share of any refund of tuition as a 23,602
result of the withdrawal equal to that portion of the tuition 23,603
paid with tuition credits shall be made to the authority, unless 23,604
the authority designates a different procedure. The authority 23,605
shall credit any refund received, less any reasonable charges and 23,606
fees provided for by the authority, to the appropriate account 23,607
established under division (F)(1), OR (2), or (3) of section 23,608
3334.11 of the Revised Code. 23,609
Sec. 3334.11. (A) The assets of the Ohio tuition trust 23,618
authority reserved for payment of the obligations of the 23,619
authority pursuant to tuition payment contracts shall be placed 23,620
in a fund, which is hereby created and shall be known as the Ohio 23,622
tuition trust fund. The fund shall be in the custody of the 23,623
treasurer of state, but shall not be part of the state treasury. 23,624
That portion of payments received by the authority or the 23,625
treasurer of state from persons purchasing tuition credits under 23,626
tuition payment contracts that the authority determines is 23,627
actuarially necessary for the payment of obligations of the 23,628
authority pursuant to tuition payment contracts, all interest and 23,629
investment income earned by the fund, and all other receipts of 23,630
the authority from any other source that the authority determines 23,632
528
appropriate, shall be deposited in the fund. No purchaser or 23,633
beneficiary of tuition credits shall have any claim against the 23,634
funds of any state institution of higher education. All 23,635
investment fees and other costs incurred in connection with the 23,636
exercise of the investment powers of the authority pursuant to 23,637
divisions (D) and (E) of this section shall be paid from the
assets of the fund. 23,638
(B) Unless otherwise provided by the authority, the assets 23,640
of the Ohio tuition trust fund shall be expended in the following 23,641
order: 23,642
(1) To make payments to beneficiaries, or institutions of 23,644
higher education on behalf of beneficiaries, under division (B) 23,645
of section 3334.09 of the Revised Code; 23,646
(2) To make refunds as provided in divisions (B), (C), and 23,648
(D) of section 3334.10 of the Revised Code; 23,649
(3) To pay the investment fees and other costs of 23,651
administering the fund. 23,652
(C)(1) Except as may be provided in an agreement under 23,654
division (A)(18)(19) of section 3334.08 of the Revised Code, all 23,656
disbursements from the Ohio tuition trust fund shall be made by
the treasurer of state on order of a designee of the authority. 23,657
(2) The treasurer of state shall deposit any portion of 23,659
the Ohio tuition trust fund not needed for immediate use in the 23,660
same manner as state funds are deposited. 23,661
(D) The authority is the trustee of the Ohio tuition trust 23,663
fund. The authority shall have full power to invest the assets 23,665
of the fund and in exercising this power shall be subject to the
limitations and requirements contained in divisions (K) to (M) of 23,667
this section and sections 145.112 and 145.113 of the Revised 23,668
Code. The evidences of title of all investments shall be 23,669
delivered to the treasurer of state or to a qualified trustee 23,671
designated by the treasurer of state as provided in section 23,673
135.18 of the Revised Code. Assets of the fund shall be 23,674
administered by the authority in a manner designed to be 23,675
529
actuarially sound so that the assets of the fund will be
sufficient to satisfy the obligations of the authority pursuant 23,676
to tuition payment contracts and defray the reasonable expenses 23,677
of administering the fund. 23,678
(E) The public employees retirement board shall, with the 23,680
approval of the authority, exercise the investment powers of the 23,681
authority as set forth in division (D) of this section until the 23,682
authority determines that assumption and exercise by the 23,683
authority of the investment powers is financially and 23,684
administratively feasible. The investment powers shall be 23,685
exercised by the public employees retirement board in a manner 23,686
agreed upon by the authority that maximizes the return on 23,687
investment and minimizes the administrative expenses. 23,688
(F)(1) The authority shall maintain an A SEPARATE account 23,690
for each tuition payment contract entered into pursuant to 23,692
division (A)(1) or (2) of section 3334.09 of the Revised Code for 23,693
the purchase of tuition credits on behalf of a beneficiary or 23,694
beneficiaries showing the beneficiary or beneficiaries of that 23,695
contract and the number of tuition credits purchased pursuant to 23,696
that contract. Upon request of any beneficiary or person who has 23,697
entered into a tuition payment contract, the authority shall 23,698
provide a statement indicating, in the case of a beneficiary, the 23,699
number of tuition credits purchased on behalf of the beneficiary, 23,700
or in the case of a person who has entered into a tuition payment 23,701
contract, the number of tuition credits purchased, used, or 23,702
refunded pursuant to that contract. A beneficiary and person 23,703
that have entered into a tuition payment contract each may file 23,704
only one request under this division in any year. 23,705
(2) The authority shall maintain an account for each 23,707
purchaser of tuition credits pursuant to a contract described by 23,708
division (A)(3) of section 3334.09 of the Revised Code showing 23,710
the number of credits purchased and the number used. Upon the 23,711
request of any such purchaser, the authority shall provide a 23,712
statement indicating these numbers. The purchaser may file only 23,713
530
one such request in any year. 23,714
(3) The authority shall maintain an account for each 23,716
scholarship program showing the number of tuition credits that 23,717
have been purchased for or donated to the program and the number 23,718
of tuition credits that have been used. Upon the request of the 23,719
board of education, public high school, or nonpublic high school 23,720
ENTITY that established the scholarship program, the authority 23,721
shall provide a statement indicating these numbers. 23,722
(4) The authority may assess a reasonable administrative 23,724
surcharge for the costs of maintaining accounts with more than 23,725
one specified named beneficiary pursuant to a contract described 23,726
by division (A)(2) of section 3334.09 of the Revised Code or for 23,728
maintaining an account established pursuant to division (A)(3) of 23,729
that section.
(G) In addition to the Ohio tuition trust fund, there is 23,731
hereby established a reserve fund that shall be in the custody of 23,734
the treasurer of state but shall not be part of the state
treasury, and shall be known as the Ohio tuition trust reserve 23,735
fund, and an operating fund that shall be part of the state 23,737
treasury, and shall be known as the Ohio tuition trust operating 23,738
fund. That portion of payments received by the authority or the 23,739
treasurer of state from persons purchasing tuition credits under 23,740
tuition payment contracts that the authority determines is not 23,742
actuarially necessary for the payment of obligations of the 23,743
authority pursuant to tuition payment contracts, any interest and 23,744
investment income earned by the reserve fund, any administrative 23,745
charges and fees imposed by the authority on transactions under 23,746
this chapter or on purchasers or beneficiaries of tuition 23,747
credits, and all other receipts from any other source that the 23,749
authority determines appropriate, shall be deposited in the 23,750
reserve fund to pay the operating expenses of the authority and 23,751
the costs of administering the program. The assets of the 23,752
reserve fund may be invested in the same manner and subject to 23,753
the same limitations set forth in divisions (D), (E), and (K) to 23,755
531
(M) of this section and sections 145.112 and 145.113 of the 23,756
Revised Code. All investment fees and other costs incurred in 23,758
connection with the exercise of the investment powers shall be 23,760
paid from the assets of the reserve fund. Except as otherwise 23,761
provided for in this chapter, all operating expenses of the 23,762
authority and costs of administering the program shall be paid 23,763
from the operating fund. The treasurer shall, upon request of 23,764
the authority, transfer funds from the reserve fund to the 23,765
operating fund as the authority determines appropriate to pay 23,766
those current operating expenses of the authority and costs of 23,767
administering the program as the authority designates. Any 23,768
interest or investment income earned on the assets of the 23,769
operating fund shall be deposited in the operating fund. 23,770
(H) In January of each year the authority shall report to 23,772
each person who received any payments or refunds from the 23,773
authority during the preceding year information relative to the 23,774
value of the payments or refunds to assist in determining that 23,776
person's tax liability. 23,777
(I) The authority shall report to the tax commissioner any 23,780
information, and at the times, as the tax commissioner requires 23,782
to determine any tax liability that a person may have incurred 23,783
during the preceding year as a result of having received any 23,784
payments or refunds from the authority.
(J) All records of the authority indicating the identity 23,786
of purchasers and beneficiaries of tuition credits or college 23,787
savings bonds, the number of tuition credits purchased, used, or 23,788
refunded under a tuition payment contract, and the number of 23,789
college savings bonds purchased, held, or redeemed are not public 23,790
records within the meaning of section 149.43 of the Revised Code. 23,791
(K) The authority and other fiduciaries shall discharge 23,794
their duties with respect to the funds with care, skill, 23,795
prudence, and diligence under the circumstances then prevailing 23,796
that a prudent person acting in a like capacity and familiar with 23,797
such matters would use in the conduct of an enterprise of a like 23,798
532
character and with like aims; and by diversifying the investments 23,799
of the assets of the funds so as to minimize the risk of large 23,800
losses, unless under the circumstances it is clearly prudent not 23,802
to do so.
To facilitate investment of the funds, the authority may 23,804
establish a partnership, trust, limited liability company, 23,805
corporation, including a corporation exempt from taxation under 23,806
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as 23,807
amended, or any other legal entity authorized to transact 23,808
business in this state.
(L) In exercising its fiduciary responsibility with 23,810
respect to the investment of the assets of the funds, it shall be 23,811
the intent of the authority to give consideration to investments 23,812
that enhance the general welfare of the state and its citizens 23,813
where the investments offer quality, return, and safety 23,814
comparable to other investments currently available to the 23,815
authority. In fulfilling this intent, equal consideration shall 23,816
also be given to investments otherwise qualifying under this 23,817
section that involve minority owned and controlled firms and 23,818
firms owned and controlled by women, either alone or in joint 23,819
venture with other firms.
The authority shall adopt, in regular meeting, policies, 23,822
objectives, or criteria for the operation of the investment 23,823
program that include asset allocation targets and ranges, risk 23,825
factors, asset class benchmarks, time horizons, total return 23,826
objectives, and performance evaluation guidelines. In adopting 23,828
policies and criteria for the selection of agents with whom the 23,829
authority may contract for the administration of the assets of
the funds, the authority shall give equal consideration to 23,830
minority owned and controlled firms, firms owned and controlled 23,831
by women, and ventures involving minority owned and controlled 23,832
firms and firms owned and controlled by women that otherwise meet 23,833
the policies and criteria established by the authority. 23,834
Amendments and additions to the policies and criteria shall be 23,835
533
adopted in regular meeting. The authority shall publish its
policies, objectives, and criteria under this provision no less 23,836
often than annually and shall make copies available to interested 23,838
parties.
When reporting on the performance of investments, the 23,840
authority shall comply with the performance presentation 23,842
standards established by the association for investment 23,843
management and research.
(M) All investments shall be purchased at current market 23,845
prices and the evidences of title of the investments shall be 23,846
placed in the hands of the treasurer of state, who is hereby 23,847
designated as custodian thereof, or in the hands of the 23,848
treasurer's TREASURER OF STATE'S authorized agent. The treasurer 23,849
of state or the agent shall collect the principal, dividends, 23,850
distributions, and interest thereon as they become due and 23,851
payable and place them when so collected into the custodial 23,852
funds.
The treasurer of state shall pay for investments purchased 23,854
by the authority on receipt of written or electronic instructions 23,855
from the authority or the authority's designated agent 23,856
authorizing the purchase and pending receipt of the evidence of 23,858
title of the investment by the treasurer of state or the
treasurer of state's authorized agent. The authority may sell 23,859
investments held by the authority, and the treasurer of state or 23,860
the treasurer of state's authorized agent shall accept payment 23,861
from the purchaser and deliver evidence of title of the 23,862
investment to the purchaser on receipt of written or electronic 23,863
instructions from the authority or the authority's designated 23,864
agent authorizing the sale, and pending receipt of the moneys for
the investments. The amount received shall be placed in the 23,865
custodial funds. The authority and the treasurer of state may 23,866
enter into agreements to establish procedures for the purchase 23,867
and sale of investments under this division and the custody of 23,868
the investments.
534
No purchase or sale of any investment shall be made under 23,870
this section except as authorized by the authority. 23,871
Any statement of financial position distributed by the 23,873
authority shall include fair value, as of the statement date, of 23,874
all investments held by the authority under this section. 23,875
Sec. 3334.17. (A) The board of education of any school 23,884
district, the principal of any public high school, or the chief 23,885
administrative officer of any chartered nonpublic high school 23,886
STATE, ANY POLITICAL SUBDIVISION OF THE STATE, AND ANY 23,887
ORGANIZATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER 23,888
SECTION 501 (a) AND DESCRIBED IN SECTION 501 (c)(3) OF THE 23,890
INTERNAL REVENUE CODE, INCLUDING THE OHIO TUITION TRUST AUTHORITY 23,891
IF THIS IS AUTHORIZED UNDER FEDERAL TAX LAW, may establish a 23,893
scholarship program to award scholarships consisting of tuition 23,894
credits to students enrolled in the district or in the high 23,895
school. Any scholarship program established under this section 23,896
shall be registered with the Ohio tuition trust authority. The 23,897
authority shall be notified of the name and address of each 23,898
scholarship beneficiary under the program, the number of credits 23,899
awarded, and the institution of higher education in which the 23,900
beneficiary is enrolled. Scholarship beneficiaries shall be 23,901
selected by the board of education, the principal, or the chief 23,902
administrative officer ENTITY ESTABLISHING THE SCHOLARSHIP 23,903
PROGRAM, in accordance with criteria established by such board, 23,904
principal, or officer THE ENTITY. 23,905
(B) Any person or governmental entity may purchase tuition 23,907
credits on behalf of a scholarship program that is or is to be 23,908
established by a school district, public high school, or 23,909
nonpublic high school under IN ACCORDANCE WITH DIVISION (A) OF 23,911
this section at the same price as is established for the purchase 23,912
of credits for named beneficiaries pursuant to this chapter. The 23,913
purchaser may register the scholarship program at the time of 23,914
purchase. Tuition credits shall have the same value to the 23,915
beneficiary of a scholarship awarded pursuant to this section as 23,916
535
they would have to any other beneficiary pursuant to division (B) 23,917
of section 3334.09 of the Revised Code. 23,918
(C) The school district, public high school, or nonpublic 23,920
high school ENTITY ESTABLISHING AND maintaining a scholarship 23,921
program shall specify whether a scholarship beneficiary may 23,923
receive A REFUND OR payment for the tuition credits awarded under 23,925
the scholarship program directly from the tuition trust 23,926
authority, or whether the amount of such credits shall be paid by 23,927
the authority ONLY to the institution of higher education in 23,928
which the student is enrolled.
(D) If a scholarship beneficiary does not use tuition 23,930
credits awarded within a length of time specified under the 23,931
scholarship program, the credits may be awarded to another 23,932
beneficiary. 23,933
Sec. 3345.11. Each state university or college may 23,943
acquire, by purchase, lease, lease-purchase, lease with option to 23,944
purchase, or otherwise, construct, equip, furnish, reconstruct, 23,945
alter, enlarge, remodel, renovate, rehabilitate, improve, 23,946
maintain, repair, and operate, and lease to or from others,
auxiliary facilities or educational EDUCATION facilities, and may 23,948
pay for the facilities out of available receipts of such state 23,949
university or college. To pay all or part of the costs of
auxiliary facilities or educational EDUCATION facilities, and any 23,951
combination of them, and to refund obligations previously issued 23,952
for such purpose, each state university or college may issue 23,953
obligations in the manner provided by and subject to the 23,954
applicable provisions of section 3345.12 of the Revised Code. 23,955
Sec. 3345.12. (A) As used in this section and sections 23,964
3345.07 and 3345.11 of the Revised Code, in other sections of the 23,965
Revised Code that make reference to this section unless the 23,966
context does not permit, and in related bond proceedings unless 23,967
OTHERWISE expressly provided:
(1) "State university or college" means each of the state 23,969
universities identified in section 3345.011 of the Revised Code, 23,970
536
the northeastern Ohio universities college of medicine, and the 23,971
medical college of Ohio at Toledo, and includes its board of 23,972
trustees. 23,973
(2) "Institution of higher education" or "institution" 23,975
means a state university or college, or a community college 23,976
district, technical college district, university branch district, 23,977
or state community college, and includes the applicable board of 23,978
trustees or, in the case of a university branch district, any 23,979
other managing authority.
(3) "Housing and dining facilities" means buildings, 23,981
structures, and other improvements, and equipment, real estate, 23,982
and interests in real estate therefor, to be used for or in 23,983
connection with dormitories or other living quarters and 23,984
accommodations, or related dining halls or other food service and 23,986
preparation facilities, for students, members of the faculty, 23,987
officers, or employees of the institution of higher education, 23,988
and their spouses and families.
(4) "Auxiliary facilities" means buildings, structures, 23,990
and other improvements, and equipment, real estate, and interests 23,991
in real estate therefor, to be used for or in connection with 23,992
student activity or student service facilities, housing and 23,993
dining facilities, dining halls, and other food service and 23,995
preparation facilities, vehicular parking facilities, bookstores, 23,996
athletic and recreational facilities, faculty centers, 23,997
auditoriums, assembly and exhibition halls, hospitals, 23,998
infirmaries and other medical and health facilities, research, 23,999
and continuing education facilities.
(5) "Education facilities" means buildings, structures, 24,001
and other improvements, and equipment, real estate, and interests 24,002
in real estate therefor, to be used for or in connection with, 24,003
classrooms or other instructional facilities, libraries, 24,004
administrative and office facilities, and other facilities, other 24,005
than auxiliary facilities, to be used directly or indirectly for 24,006
or in connection with the conduct of the institution of higher
537
education. 24,007
(6) "Facilities" means housing and dining facilities, 24,009
auxiliary facilities, or education facilities, and includes any 24,011
one, part of, or any combination of such facilities, and further 24,012
includes site improvements, utilities, machinery, furnishings, 24,013
and any separate or connected buildings, structures, 24,014
improvements, sites, open space and green space areas, utilities
or equipment to be used in, or in connection with the operation 24,015
or maintenance of, or supplementing or otherwise related to the 24,016
services or facilities to be provided by, such facilities. 24,017
(7) "Obligations" means bonds or notes or other evidences 24,019
of obligation, including interest coupons pertaining thereto, 24,020
authorized to be issued under this section or section 3345.07, 24,021
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised 24,022
Code.
(8) "Bond service charges" means principal, including any 24,025
mandatory sinking fund or redemption requirements for the
retirement of obligations, interest, or interest equivalent and 24,026
other accreted amounts, and any call premium required to be paid 24,028
on obligations.
(9) "Bond proceedings" means the resolutions, trust 24,031
agreement, indenture, and other agreements and credit enhancement 24,032
facilities, and amendments and supplements to the foregoing, or 24,033
any one or more or combination thereof, authorizing, awarding, or 24,034
providing for the terms and conditions applicable to, or 24,035
providing for the security or liquidity of, obligations, and the 24,036
provisions contained in those obligations. 24,037
(10) "Costs of facilities" means the costs of acquiring, 24,039
constructing, reconstructing, rehabilitating, remodeling, 24,040
renovating, enlarging, improving, equipping, or furnishing 24,041
facilities, and the financing thereof, including the cost of 24,042
clearance and preparation of the site and of any land to be used 24,043
in connection with facilities, the cost of any indemnity and 24,044
surety bonds and premiums on insurance, all related direct 24,045
538
administrative expenses and allocable portions of direct costs of 24,046
the institution of higher education or state agency, cost of 24,047
engineering, architectural services, design, plans, 24,048
specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars, and 24,050
paying agents for the obligations, cost of issuance of the 24,051
obligations and financing costs and fees and expenses of 24,052
financial advisers and consultants in connection therewith, 24,053
interest on the obligations from the date thereof to the time 24,054
when interest is to be covered by available receipts or other 24,055
sources other than proceeds of the obligations, amounts necessary 24,057
to establish reserves as required by the bond proceedings, costs 24,058
of audits, the reimbursements of all moneys advanced or applied 24,059
by or borrowed from the institution or others, from whatever 24,060
source provided, including any temporary advances from state
appropriations, for the payment of any item or items of cost of 24,062
facilities, and all other expenses necessary or incident to 24,063
planning or determining feasibility or practicability with 24,064
respect to facilities, and such other expenses as may be 24,065
necessary or incident to the acquisition, construction, 24,066
reconstruction, rehabilitation, remodeling, renovation, 24,067
enlargement, improvement, equipment, and furnishing of 24,068
facilities, the financing thereof and the placing of these THEM 24,069
in use and operation, including any one, part of, or combination 24,071
of such classes of costs and expenses.
(11) "Available receipts" means all moneys received by the 24,073
institution of higher education, including income, revenues, and 24,074
receipts from the operation, ownership, or control of facilities, 24,075
grants, gifts, donations, and pledges and receipts therefrom, 24,076
receipts from fees and charges, and the proceeds of the sale of 24,077
obligations, including proceeds of obligations issued to refund 24,078
obligations previously issued, but excluding any special fee, and 24,079
receipts therefrom, charged pursuant to division (D) of section 24,080
154.21 of the Revised Code. 24,081
539
(12) "Credit enhancement facilities" has the meaning given 24,083
in division (H) of section 133.01 of the Revised Code. 24,084
(13) "Financing costs" has the meaning given in division 24,086
(K) of section 133.01 of the Revised Code. 24,087
(14) "Interest" or "interest equivalent" has the meaning 24,089
given in division (R) of section 133.01 of the Revised Code. 24,090
(B) Obligations issued under section 3345.07 or 3345.11 of 24,092
the Revised Code by a state university or college shall be 24,093
authorized by resolution of its board of trustees. Obligations 24,094
issued by any other institution of higher education shall be 24,095
authorized by resolution of its board of trustees, or managing 24,096
directors in the case of certain university branch districts, as 24,098
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code 24,099
apply to obligations. Obligations may be issued to pay costs of 24,100
facilities even if the institution anticipates the possibility of 24,101
a future state appropriation to pay all or a portion of such
costs. 24,102
(C) Obligations shall be secured by a pledge of and lien 24,105
on all or such part of the available receipts of the institution
of higher education as it provides for in the bond proceedings, 24,106
excluding moneys raised by taxation and state appropriations. 24,107
Such pledge and lien may be made prior to all other expenses, 24,108
claims, or payments, excepting any pledge of such available 24,109
receipts previously made to the contrary and except as provided 24,110
by any existing restrictions on the use thereof, or such pledge 24,111
and lien may be made subordinate to such other expenses, claims, 24,112
or payments, as provided in the bond proceedings. Obligations 24,113
may be additionally secured by covenants of the institution to 24,115
make, fix, adjust, collect, and apply such charges, rates, fees, 24,116
rentals, and other items of available receipts as will produce 24,117
pledged available receipts sufficient to meet bond service 24,118
charges, reserve, and other requirements provided for in the bond 24,119
proceedings. Notwithstanding this and any other sections of the 24,120
Revised Code, the holders or owners of the obligations shall not 24,121
540
be given the right and shall have no right to have excises or 24,122
taxes levied by the general assembly for the payment of bond 24,123
service charges thereon, and each such obligation shall bear on 24,124
its face a statement to that effect and to the effect that the 24,125
right to such payment is limited to the available receipts and 24,126
special funds pledged to such purpose under the bond proceedings. 24,127
All pledged available receipts and funds and the proceeds 24,129
of obligations are trust funds and, subject to the provisions of 24,130
this section and the applicable bond proceedings, shall be held, 24,131
deposited, invested, reinvested, disbursed, applied, and used to 24,132
such extent, in such manner, at such times, and for such
purposes, as are provided in the bond proceedings. 24,133
(D) The bond proceedings for obligations shall provide for 24,136
the purpose thereof and the principal amount or maximum principal 24,137
amount, and provide for or authorize the manner of determining 24,138
the principal maturity or maturities, the sale price including 24,139
any permitted discount, the interest rate or rates, which may be 24,140
a variable rate or rates, or the maximum interest rate, the date 24,141
of the obligations and the date or dates of payment of interest 24,142
thereon, their denominations, the manner of sale thereof, and the 24,143
establishment within or without the state of a place or places of 24,144
payment of bond service charges. The bond proceedings also shall 24,145
provide for a pledge of and lien on available receipts of the 24,146
institution of higher education as provided in division (C) of 24,147
this section, and a pledge of and lien on such fund or funds 24,148
provided in the bond proceedings arising from available receipts, 24,149
which pledges and liens may provide for parity with obligations 24,150
theretofore or thereafter issued by the institution. The 24,151
available receipts so pledged and thereafter received by the 24,152
institution and the funds so pledged are immediately subject to 24,153
the lien of such pledge without any physical delivery thereof or 24,154
further act, and the lien of any such pledge is valid and binding 24,155
against all parties having claims of any kind against the 24,156
institution, irrespective of whether such parties have notice 24,158
541
thereof, and shall create a perfected security interest for all
purposes of Chapter 1309. of the Revised Code, without the 24,159
necessity for separation or delivery of funds or for the filing 24,160
or recording of the bond proceedings by which such pledge is 24,161
created or any certificate, statement or other document with 24,162
respect thereto; and the pledge of such available receipts and 24,163
funds shall be effective and the money therefrom and thereof may 24,164
be applied to the purposes for which pledged without necessity 24,165
for any act of appropriation. 24,166
(E) The bond proceedings may contain additional provisions 24,168
customary or appropriate to the financing or to the obligations 24,170
or to particular obligations, including:
(1) The acquisition, construction, reconstruction, 24,172
equipment, furnishing, improvement, operation, alteration, 24,173
enlargement, maintenance, insurance, and repair of facilities, 24,174
and the duties of the institution of higher education with 24,176
reference thereto;
(2) The terms of the obligations, including provisions for 24,178
their redemption prior to maturity at the option of the 24,179
institution of higher education at such price or prices and under 24,180
such terms and conditions as are provided in the bond 24,181
proceedings;
(3) Limitations on the purposes to which the proceeds of 24,183
the obligations may be applied; 24,184
(4) The rates or rentals or other charges for the use of 24,186
or right to use the facilities financed by the obligations, or 24,187
other properties the revenues or receipts from which are pledged 24,188
to the obligations, and rules for assuring use and occupancy 24,190
thereof, including limitations upon the right to modify such 24,191
rates, rentals, other charges, or regulations;
(5) The use and expenditure of the pledged available 24,193
receipts in such manner and to such extent as shall be 24,194
determined, which may include provision for the payment of the 24,195
expenses of operation, maintenance, and repair of facilities so 24,196
542
that such expenses, or part thereof, shall be paid or provided as 24,197
a charge prior or subsequent to the payment of bond service 24,198
charges and any other payments required to be made by the bond 24,199
proceedings; 24,200
(6) Limitations on the issuance of additional obligations; 24,202
(7) The terms of any trust agreement or indenture securing 24,204
the obligations or under which the same may be issued; 24,205
(8) The deposit, investment, and application of funds, and 24,207
the safeguarding of funds on hand or on deposit without regard to 24,208
Chapter 131. or 135. of the Revised Code, and any bank or trust 24,209
company or other financial institution that acts as depository of 24,210
any moneys under the bond proceedings shall furnish such 24,212
indemnifying bonds or pledge such securities as required by the 24,213
bond proceedings or otherwise by the institution of higher 24,214
education;
(9) The binding effect of any or every provision of the 24,216
bond proceedings upon such officer, board, commission, authority, 24,217
agency, department, or other person or body as may from time to 24,218
time have the authority under law to take such actions as may be 24,219
necessary to perform all or any part of the duty required by such 24,220
provision; 24,221
(10) Any provision that may be made in a trust agreement 24,223
or indenture; 24,224
(11) Any other or additional agreements with respect to 24,226
the facilities of the institution of higher education, their 24,228
operation, the available receipts and funds pledged, and 24,229
insurance of facilities and of the institution its officers and
employees. 24,230
(F) Such obligations may have the seal of the institution 24,232
of higher education or a facsimile thereof affixed thereto or 24,233
printed thereon and shall be executed by such officers as are 24,234
designated in the bond proceedings, which execution may be by 24,235
facsimile signatures. Any obligations may be executed by an 24,236
officer who, on the date of execution, is the proper officer 24,237
543
although on the date of such obligations such person was not the 24,238
proper officer. In case any officer whose signature or a 24,239
facsimile of whose signature appears on any such obligation 24,240
ceases to be such officer before delivery thereof, such signature 24,241
or facsimile is nevertheless valid and sufficient for all 24,242
purposes as if the person had remained such officer until such 24,244
delivery; and in case the seal of the institution has been 24,245
changed after a facsimile of the seal has been imprinted on such 24,246
obligations, such facsimile seal continues to be sufficient as to 24,247
such obligations and obligations issued in substitution or 24,248
exchange therefor. 24,249
(G) All such obligations are negotiable instruments and 24,251
securities under Chapter 1308. of the Revised Code, subject to 24,252
the provisions of the bond proceedings as to registration. The 24,253
obligations may be issued in coupon or in registered form, or 24,254
both. Provision may be made for the registration of any 24,255
obligations with coupons attached thereto as to principal alone 24,256
or as to both principal and interest, their exchange for 24,257
obligations so registered, and for the conversion or reconversion 24,258
into obligations with coupons attached thereto of any obligations 24,259
registered as to both principal and interest, and for reasonable 24,260
charges for such registration, exchange, conversion, and 24,261
reconversion. 24,262
(H) Pending preparation of definitive obligations, the 24,264
institution of higher education may issue interim receipts or 24,265
certificates which shall be exchanged for such definitive 24,266
obligations. 24,267
(I) Such obligations may be secured additionally by a 24,269
trust agreement or indenture between the institution of higher 24,270
education and a corporate trustee, which may be any trust company 24,271
or bank having the powers of a trust company within or without 24,272
this state but authorized to exercise trust powers within this 24,273
state. Any such agreement or indenture may contain the 24,274
resolution authorizing the issuance of the obligations, any 24,275
544
provisions that may be contained in the bond proceedings as 24,276
authorized by this section, and other provisions which are 24,277
customary or appropriate in an agreement or indenture of such 24,278
type, including: 24,279
(1) Maintenance of each pledge, trust agreement, and 24,281
indenture, or other instrument comprising part of the bond 24,282
proceedings until the institution of higher education has fully 24,284
paid the bond service charges on the obligations secured thereby, 24,285
or provision therefor has been made;
(2) In the event of default in any payments required to be 24,287
made by the bond proceedings, or any other agreement of the 24,288
institution of higher education made as a part of the contract 24,290
under which the obligations were issued, enforcement of such 24,291
payments or agreement by mandamus, the appointment of a receiver, 24,292
suit in equity, action at law, or any combination of the 24,293
foregoing;
(3) The rights and remedies of the holders of obligations 24,295
and of the trustee, and provisions for protecting and enforcing 24,296
them, including limitations on rights of individual holders of 24,297
obligations; 24,298
(4) The replacement of any obligations that become 24,300
mutilated or are destroyed, lost, or stolen; 24,301
(5) Such other provisions as the trustee and the 24,303
institution of higher education agree upon, including 24,304
limitations, conditions, or qualifications relating to any of the 24,305
foregoing.
(J) Each duty of the institution of higher education and 24,308
its officers or employees, undertaken pursuant to the bond 24,309
proceedings or any related agreement or lease made under
authority of law, is hereby established as a duty of such 24,310
institution, and of each such officer or employee having 24,311
authority to perform such duty, specially enjoined by law 24,312
resulting from an office, trust, or station within the meaning of 24,313
section 2731.01 of the Revised Code. The persons who are at the 24,314
545
time the members of the board of trustees or the managing 24,315
directors of the institution or its officers or employees are not 24,316
liable in their personal capacities on such obligations, or 24,317
lease, or other agreement of the institution.
(K) The authority to issue obligations includes authority 24,319
to:
(1) Issue obligations in the form of bond anticipation 24,321
notes and to renew them from time to time by the issuance of new 24,322
notes. Such notes are payable solely from the available receipts 24,323
and funds that may be pledged to the payment of such bonds, or 24,324
from the proceeds of such bonds or renewal notes, or both, as the 24,325
institution of higher education provides in its resolution 24,326
authorizing such notes. Such notes may be additionally secured 24,327
by covenants of the institution to the effect that it will do 24,329
such or all things necessary for the issuance of such bonds or 24,330
renewal notes in appropriate amount, and either exchange such 24,331
bonds or renewal notes therefor or apply the proceeds thereof to 24,332
the extent necessary, to make full payment of the bond service 24,333
charges on such notes at the time or times contemplated, as 24,334
provided in such resolution. Subject to the provisions of this 24,335
division, all references to obligations in this section apply to 24,336
such anticipation notes.
(2) Issue obligations to refund, including funding and 24,339
retirement of, obligations previously issued to pay costs of
facilities, whether issued under authority of such sections or 24,341
other law authorizing their issuance. Such obligations may be 24,342
issued in amounts sufficient for payment of the principal amount 24,343
of the obligations to be so refunded, any redemption premiums 24,344
thereon, principal maturities of any obligations maturing prior 24,345
to the redemption of any other obligations on a parity therewith 24,346
to be so refunded, interest accrued or to accrue to the maturity 24,347
date or dates of redemption of such obligations, and any expenses 24,348
incurred or to be incurred in connection with such refunding or 24,349
the issuance of the obligations. 24,350
546
(L) Obligations are lawful investments for banks, 24,353
societies for savings, savings and loan associations, deposit 24,354
guarantee associations, trust companies, trustees, fiduciaries, 24,355
insurance companies, including domestic for life and domestic not 24,356
for life, trustees or other officers having charge of sinking and 24,357
bond retirement or other special funds of political subdivisions 24,358
and taxing districts of this state, the commissioners of the 24,359
sinking fund, the administrator of workers' compensation in 24,360
accordance with the investment policy established by the workers' 24,361
compensation oversight commission pursuant to section 4121.12 of 24,362
the Revised Code, the state teachers retirement system, the
public employees retirement system, the public school employees 24,363
retirement system, and the police and firemen's disability and 24,364
pension fund, notwithstanding any other provisions of the Revised 24,365
Code or rules adopted pursuant thereto by any state agency with 24,366
respect to investments by them, and are also acceptable as 24,368
security for the deposit of public moneys.
(M) All facilities purchased, acquired, constructed, or 24,370
owned by an institution of higher education, or financed in whole 24,371
or in part by obligations issued by an institution, and used for 24,372
the purposes of the institution or other publicly owned and 24,373
controlled college or university, is public property used 24,374
exclusively for a public purpose, and such property and the 24,375
income therefrom is exempt from all taxation and assessment 24,376
within this state, including ad valorem and excise taxes. The 24,377
obligations, the transfer thereof, and the income therefrom, 24,378
including any profit made on the sale thereof, are at all times 24,379
free from taxation within the state. The transfer of tangible 24,380
personal property by lease under authority of this section or 24,381
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 24,382
3358.10 of the Revised Code is not a sale as used in Chapter 24,383
5739. of the Revised Code. 24,384
(N) The authority granted by this section is cumulative 24,386
with the authority granted to institutions of higher education 24,388
547
under Chapter 154. of the Revised Code, and nothing in this 24,389
section impairs or limits the authority granted by Chapter 154. 24,390
of the Revised Code. In any lease, agreement, or commitment made 24,392
by an institution of higher education under Chapter 154. of the 24,393
Revised Code, it may agree to restrict or subordinate any pledge 24,394
it may thereafter make under authority of this section. 24,395
(O) Title to lands acquired under this section and 24,397
sections 3345.07 and 3345.11 of the Revised Code by a state 24,398
university or college shall be taken in the name of the state. 24,399
(P) Except where costs of facilities are to be paid in 24,401
whole or in part from funds appropriated by the general assembly, 24,402
section 125.81 of the Revised Code and the requirement for 24,403
certification with respect thereto under section 153.04 of the 24,404
Revised Code do not apply to such facilities. 24,405
(Q) A state university or college may sell or lease lands 24,408
or interests in land owned by it or by the state for its use, or
facilities authorized to be acquired or constructed by it under 24,409
section 3345.07 or 3345.11 of the Revised Code, to permit the 24,410
purchasers or lessees thereof to acquire, construct, equip, 24,412
furnish, reconstruct, alter, enlarge, remodel, renovate, 24,413
rehabilitate, improve, maintain, repair, or maintain and operate 24,414
thereon and to provide by lease or otherwise to such institution, 24,415
facilities authorized in section 3345.07 or 3345.11 of the 24,416
Revised Code. Such land or interests therein shall be sold for 24,417
such appraised value, or leased, and on such terms as the board 24,419
of trustees determines. All deeds or other instruments relating 24,420
to such sales or leases shall be executed by such officer of the 24,421
state university or college as the board of trustees designates. 24,422
The state university or college shall hold, invest, or use the 24,423
proceeds of such sales or leases for the same purposes for which 24,424
proceeds of borrowings may be used under sections 3345.07 and 24,425
3345.11 of the Revised Code.
(R) An institution of higher education may pledge 24,427
available receipts, to the extent permitted by division (C) of 24,429
548
this section with respect to obligations, to secure the payments 24,430
to be made by it under any lease, lease with option to purchase, 24,431
or lease-purchase agreement authorized under this section or 24,432
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or
3358.10 of the Revised Code. 24,433
Sec. 3345.182. THE BOARD OF TRUSTEES OR MANAGING AUTHORITY 24,435
OF A STATE UNIVERSITY OR COLLEGE AS DEFINED UNDER DIVISIONS (A) 24,437
TO (D) OF SECTION 3345.27 OF THE REVISED CODE MAY EXPEND FUNDS OF 24,438
THE UNIVERSITY OR COLLEGE AND UTILIZE LANDS, FACILITIES, 24,440
EQUIPMENT, AND PERSONNEL OF THE UNIVERSITY OR COLLEGE ON 24,441
ACTIVITIES TO BENEFIT THE PEOPLE OF OHIO BY CREATING AND 24,442
PRESERVING JOBS AND EMPLOYMENT OPPORTUNITIES OR IMPROVING THE 24,443
ECONOMIC DEVELOPMENT AND WELFARE OF THE PEOPLE OF OHIO IF THE 24,444
BOARD OR AUTHORITY FINDS THAT ALL OF THE FOLLOWING APPLY: 24,445
(A) THERE IS REASONABLE ASSURANCE THAT THE PROPOSED 24,448
ACTIVITY WILL NOT INTERFERE WITH OR COMPROMISE THE UNIVERSITY'S
OR COLLEGE'S MISSION. 24,450
(B) THERE IS REASONABLE ASSURANCE THAT THE PROPOSED 24,453
ACTIVITY WILL NOT UNFAIRLY INTERFERE WITH, DISPLACE, OR COMPETE
WITH ANY EXISTING PRIVATE OR PUBLIC ENTITY'S PERFORMANCE OF THE 24,454
SAME OR SIMILAR ACTIVITY. 24,456
(C) THERE IS REASONABLE ASSURANCE THAT THE PROPOSED 24,459
ACTIVITY WILL RESULT IN REVENUES TO THE UNIVERSITY OR COLLEGE IN
AN AMOUNT THAT OFFSETS ANY EXPENSES INCURRED FROM THE ACTIVITY. 24,460
(D) THERE IS REASONABLE ASSURANCE THAT THE PROPOSED 24,463
ACTIVITY WILL ALLOW PUBLIC OR PRIVATE ENTITIES OR ENTERPRISES THE
OPPORTUNITY TO COMPETE MORE EFFECTIVELY IN THE MARKETPLACE AND 24,464
FULFILL NEEDS THAT ARE BEING INADEQUATELY MET BY THE PRIVATE 24,465
MARKET.
Sec. 3345.50. Notwithstanding anything to the contrary in 24,474
sections 123.01, 123.15, and 153.01 to 153.20 of the Revised 24,475
Code, a state university, the medical college of Ohio at Toledo, 24,476
a state community college, or the northeastern Ohio universities 24,477
college of medicine may locally administer a project for the 24,478
549
construction, reconstruction, improvement, renovation,
enlargement, or alteration of a public improvement under its 24,479
jurisdiction for which the total amount of funds expected to be 24,480
appropriated by the general assembly does not exceed four SIX 24,481
million dollars without the supervision, control, or approval of 24,482
the department of administrative services as specified in those 24,484
sections, if both of the following occur:
(A) Within sixty days after the effective date of the 24,486
section of an act in which the general assembly initially makes 24,488
an appropriation for the project, the board of trustees of the 24,489
institution notifies the Ohio board of regents in writing of its 24,490
intent to administer the project locally;
(B) The board of trustees complies with the guidelines 24,493
established pursuant to division (A) of section 125.101 of the 24,494
Revised Code and all laws that govern the selection of
consultants, preparation and approval of contract documents, 24,496
receipt of bids, and award of contracts with respect to the 24,497
project.
Sec. 3345.51. Notwithstanding anything to the contrary in 24,506
sections 123.01, 123.15, and 153.01 to 153.20 of the Revised 24,507
Code, a state university, the medical college of Ohio at Toledo, 24,508
a state community college, or the northeastern Ohio universities 24,509
college of medicine may locally administer a project for the 24,510
basic or supplemental renovation of a public improvement under 24,511
its jurisdiction for which the total amount of funds expected to 24,512
be appropriated by the general assembly does not exceed one TWO 24,513
million five hundred thousand dollars, without the supervision, 24,515
control, or approval of the department of administrative services 24,516
as specified in those sections, if both of the following occur: 24,517
(A) The board of trustees of the institution notifies the 24,519
Ohio board of regents in writing of its intent to administer the 24,521
project locally;
(B) The board of trustees complies with the guidelines 24,524
established pursuant to division (A) of section 125.101 of the 24,525
550
Revised Code and all laws that govern the selection of 24,526
consultants, preparation and approval of contract documents,
receipt of bids, and award of contracts. 24,527
Sec. 3345.70. (A) WHENEVER THE BOARD OF TRUSTEES OF A 24,529
STATE UNIVERSITY, AS DEFINED UNDER SECTION 3345.011 OF THE 24,531
REVISED CODE, DECLARES THAT THE UNIVERSITY IS IN A STATE OF 24,532
FISCAL EXIGENCY, THE BOARD SHALL DO ALL OF THE FOLLOWING UNTIL IT 24,533
DECLARES THAT THE UNIVERSITY IS NO LONGER IN SUCH A STATE: 24,534
(1) FILE QUARTERLY REPORTS ON AN ANNUALIZED BUDGET, 24,536
COMPARING THE BUDGET TO ACTUAL SPENDING WITH PROJECTED EXPENSES 24,537
FOR THE REMAINDER OF THE YEAR. SUCH REPORTS SHALL INCLUDE 24,539
NARRATIVE EXPLANATIONS AS APPROPRIATE.
(2) PLACE ALL RESIDENCE HALL AND MEAL FEES IN A ROTARY 24,541
ACCOUNT DEDICATED TO THE UPKEEP AND MAINTENANCE OF THE DORMITORY 24,542
BUILDINGS AND TO FUND MEAL PROGRAMS; 24,543
(3) PLACE MONEYS FOR THE OPERATION OF RESIDENCE HALL AND 24,545
MEAL PROGRAMS IN SEPARATELY MAINTAINED AUXILIARY FUNDS IN THE 24,546
UNIVERSITY ACCOUNTING SYSTEM; 24,547
(4) FILE THE MINUTES FROM THEIR BOARD OF TRUSTEES MEETINGS 24,549
WITH THE BOARD OF REGENTS WITHIN THIRTY DAYS OF THEIR MEETINGS. 24,550
(B) NO STATE UNIVERSITY DESCRIBED UNDER DIVISION (A) OF 24,553
THIS SECTION SHALL DO ANY OF THE FOLLOWING:
(1) USE STATE FUNDS FOR THE PURPOSE OF PROVIDING GRANTS OR 24,555
SCHOLARSHIPS TO OUT-OF-STATE STUDENTS; 24,556
(2) USE STATE FUNDS TO SUBSIDIZE OFF-CAMPUS HOUSING OR 24,558
SUBSIDIZE TRANSPORTATION TO AND FROM OFF-CAMPUS HOUSING. 24,559
Sec. 3365.01. As used in sections 3365.01 to 3365.10 of 24,568
the Revised Code: 24,569
(A) "College" means any state-assisted college or 24,571
university described in section 3333.041 of the Revised Code, any 24,572
nonprofit institution holding a certificate of authorization 24,573
pursuant to Chapter 1713. of the Revised Code, and any 24,574
institution holding a certificate of registration from the state 24,575
board of proprietary school registration and program 24,576
551
authorization for an associate or bachelor's degree program 24,577
issued under section 3332.05 of the Revised Code. 24,578
(B) "School district" means any school district to which a 24,580
student is admitted under section 3313.64, 3313.65, 3313.98, or 24,581
3317.08 of the Revised Code and does not include a joint 24,582
vocational or cooperative education school district. 24,583
(C) "Parent" has the same meaning as in section 3313.64 of 24,585
the Revised Code. 24,586
(D) "Participant" means a student enrolled in a college 24,588
under the post-secondary enrollment options program established 24,589
by this chapter. 24,590
(E) "Secondary grade" means the eleventh and NINTH THROUGH 24,592
twelfth grades. 24,594
(F) "School foundation payments" means the amount required 24,596
to be paid to a school district for a fiscal year under Chapter 24,597
3317. of the Revised Code. 24,598
(G) "Tuition base" means, with respect to a participant's 24,600
school district, the formula amount specified in section 3317.022 24,601
of the Revised Code multiplied by the district's 24,602
cost-of-doing-business factor specified in division (E) of 24,603
section 3317.02 of the Revised Code. 24,604
(H) "Educational program" means enrollment in one or more 24,606
school districts, in a nonpublic school, or in a college under 24,607
division (B) of section 3365.04 of the Revised Code. 24,608
(I) "Nonpublic school" means a chartered school for which 24,610
minimum standards are prescribed by the state board of education 24,611
pursuant to division (D) of section 3301.07 of the Revised Code. 24,612
(J) "School year" means the year beginning on the first 24,614
day of July and ending on the thirtieth day of June. 24,615
Sec. 3365.02. There is hereby established the 24,627
post-secondary enrollment options program under which a secondary 24,628
grade student may enroll at a college, on a full- or part-time 24,629
basis, and complete nonsectarian courses for high school and 24,630
college credit. 24,631
552
Secondary grade students in a nonpublic school may 24,633
participate in the post-secondary enrollment options program if 24,634
the chief administrator of such school notifies the department of 24,635
education by the first day of April prior to the school year in 24,636
which the school's students will participate. 24,637
The state board of education, after consulting with the 24,639
board of regents, shall adopt rules governing the program. The 24,640
rules shall include: 24,641
(A) Requirements for school districts or participating 24,643
nonpublic schools to provide information about the program prior 24,644
to the first day of March of each year to all students enrolled 24,645
in grades ten and EIGHT THROUGH eleven. 24,646
(B) A requirement that a student or his THE STUDENT'S 24,648
parent inform the district board of education or the nonpublic 24,650
school administrator by the thirtieth day of March of the 24,651
student's intent to participate in the program during the 24,652
following school year. The rule shall provide that any student 24,653
who fails to notify a district board or the nonpublic school 24,654
administrator by the required date may not participate in the 24,655
program during the following school year without the written 24,656
consent of the district superintendent or the nonpublic school 24,657
administrator.
(C) Requirements that school districts provide counseling 24,659
services to students in grades ten and EIGHT THROUGH eleven and 24,660
to their parents before the students participate in the program 24,663
under this chapter to ensure that students and parents are fully 24,664
aware of the possible risks and consequences of participation. 24,665
Counseling information shall include without limitation: 24,666
(1) Program eligibility; 24,668
(2) The process for granting academic credits; 24,670
(3) Financial arrangements for tuition, books, materials, 24,672
and fees; 24,673
(4) Criteria for any transportation aid; 24,675
(5) Available support services; 24,677
553
(6) Scheduling; 24,679
(7) The consequences of failing or not completing a course 24,681
in which the student enrolls and the effect of the grade attained 24,682
in the course being included in the student's grade point 24,683
average, if applicable; 24,684
(8) The effect of program participation on the student's 24,686
ability to complete the district's or nonpublic school's 24,687
graduation requirements; 24,688
(9) The academic and social responsibilities of students 24,690
and parents under the program; 24,691
(10) Information about and encouragement to use the 24,693
counseling services of the college in which the student intends 24,694
to enroll. 24,695
(D) A requirement that the student and his THE STUDENT'S 24,697
parent sign a form, provided by the school district, stating that 24,699
they have received the counseling required by division (C) of 24,700
this section and that they understand the responsibilities they 24,701
must assume in the program. 24,702
(E) The options required by section 3365.04 of the Revised 24,704
Code. 24,705
Sec. 3365.021. The chief administrator of any nonpublic 24,714
school notifying the department of education that students of the 24,715
school will participate in the post-secondary enrollment options 24,716
program shall provide counseling to students in grades ten and 24,718
EIGHT THROUGH eleven and to their parents before the students 24,719
participate in the program to ensure that students and parents 24,720
are fully aware of the possible risks and consequences of 24,721
participation. Such counseling shall include explaining the fact 24,722
that funding may be limited and that not all students who wish to 24,723
participate may be able to do so.
Sec. 3365.03. Notwithstanding any other provision of law, 24,732
a student enrolled in a school district or a participating 24,733
nonpublic school may apply to a college to enroll in it during 24,734
his THE STUDENT'S NINTH, TENTH, eleventh, or twelfth grade school 24,735
554
year under this chapter. If a college accepts the student, it 24,736
shall send written notice to the student, his THE STUDENT'S 24,737
school district or nonpublic school, and the superintendent of 24,739
public instruction within ten days after acceptance. Within ten 24,740
days after each enrollment for a term, the college shall also
send the student, his THE STUDENT'S school district or nonpublic 24,741
school, and the superintendent of public instruction a written 24,743
notice indicating the courses and hours of enrollment of the 24,744
student and the option elected by the student under division (A) 24,745
or (B) of section 3365.04 of the Revised Code for each course.
Sec. 3365.06. (A) A student in grade eleven NINE may not 24,754
enroll in courses under this chapter for which he THE STUDENT 24,755
elects under division (B) of section 3365.04 of the Revised Code 24,757
to receive credit toward high school graduation for more than the
equivalent of two FOUR academic school years. A student in grade 24,759
twelve enrolling for the first time in courses under this chapter 24,760
may not enroll in courses in which he THE STUDENT elects to 24,761
receive credit toward high school graduation for more than the
equivalent of one: 24,762
(1) THREE ACADEMIC SCHOOL YEARS, IF THE STUDENT SO ENROLLS 24,764
FOR THE FIRST TIME IN GRADE TEN; 24,765
(2) TWO ACADEMIC SCHOOL YEARS, IF THE STUDENT SO ENROLLS 24,767
FOR THE FIRST TIME IN GRADE ELEVEN; 24,768
(3) ONE academic school year, IF THE STUDENT SO ENROLLS 24,770
FOR THE FIRST TIME IN GRADE TWELVE. These 24,771
THESE restrictions shall be reduced proportionately for any 24,774
such student who enrolls in the program during the course of a 24,776
school year in accordance with rules adopted under section
3365.02 of the Revised Code. 24,777
(B) In considering the admission of any secondary student, 24,779
a college shall give priority to its other students regarding 24,780
enrollment in courses. However, once a student has been accepted 24,782
in a course as a participant, the institution shall not displace 24,784
the participant for another student.
555
Sec. 3383.01. As used in this chapter: 24,794
(A) "Arts" means any of the following: 24,796
(1) Visual, musical, dramatic, graphic, and other arts and 24,799
includes, but is not limited to, architecture, dance, literature, 24,800
motion pictures, music, painting, photography, sculpture, and 24,801
theater;
(2) The presentation or making available, in museums or 24,804
other indoor or outdoor facilities, of principles of science and 24,805
their development, use, or application in business, industry, or 24,806
commerce or of the history, heritage, development, presentation, 24,807
and uses of the arts as defined above and of transportation; 24,808
(3) The preservation, presentation, or making available of 24,810
features of archaeological, architectural, environmental, or 24,811
historical interest or significance in a state historical 24,812
facility.
(B) "Arts organization" means either of the following: 24,814
(1) A governmental agency or Ohio nonprofit corporation 24,816
that provides programs or activities in areas directly concerned 24,817
with the arts; 24,818
(2) A regional arts and cultural district as defined in 24,820
section 3381.01 of the Revised Code. 24,821
(C) "General building services" means general building 24,823
services for an Ohio arts facility or an Ohio sports facility, 24,824
including, but not limited to, general custodial care, security, 24,826
maintenance, repair, painting, decoration, cleaning, utilities, 24,827
fire safety, grounds and site maintenance and upkeep, and 24,828
plumbing.
(D) "Governmental agency" means a state agency, a 24,830
state-supported or state-assisted institution of higher 24,831
education, a municipal corporation, county, township, or school 24,832
district, a port authority created under Chapter 4582. of the 24,834
Revised Code, or any other political subdivision or special
district in this state established by or pursuant to law, any 24,835
combination of these entities, or, except where otherwise 24,836
556
indicated, the United States or any department, division, or 24,837
agency of the United States, or any agency, commission, or 24,838
authority established pursuant to an interstate compact or 24,839
agreement.
(E) "Manage," "operate," or "management" means the 24,841
provision of, or the exercise of control over the provision of, 24,842
activities: 24,843
(1) Relating to the arts for an Ohio arts facility, 24,845
including as applicable, but not limited to, providing for 24,846
displays, exhibitions, specimens, and models; booking of artists, 24,847
performances, or presentations; scheduling; and hiring or 24,848
contracting for directors, curators, technical and scientific 24,849
staff, ushers, stage managers, and others directly related to the 24,850
arts activities in the facility; but not including general 24,851
building services; 24,852
(2) Relating to sports and athletic events for an Ohio 24,854
sports facility, including, as applicable, but not limited to, 24,855
providing for booking of athletes, teams, and events; scheduling; 24,856
and hiring or contracting for staff, ushers, managers, and others 24,857
directly related to the sports and athletic events in the 24,858
facility; but not including general building services.
(F) "Ohio arts facility" means any of the following: 24,860
(1) The three theaters located in the state office tower 24,862
at 77 South High street in Columbus; 24,863
(2) Any capital facility in this state to which all of the 24,865
following apply: 24,866
(a) The construction of the facility was authorized or 24,868
funded by the general assembly pursuant to division (D)(3) of 24,870
section 3383.07 of the Revised Code.
(b) The state owns or has sufficient real property 24,872
interests in the facility or in the portion of the facility 24,873
financed from the proceeds of obligations or in the site of the 24,874
facility for a period of no less than the greater of the useful 24,875
life of the portion of the facility financed from the proceeds of 24,876
557
those obligations as determined by the director of budget and 24,877
management using the guidelines for maximum maturities as 24,878
provided under divisions (B), (C), and (E) of section 133.20 of 24,879
the Revised Code, or the period of time remaining to the date of 24,880
payment or provision for payment of outstanding obligations 24,881
issued by the Ohio building authority allocable to costs of that 24,882
portion of the facility, as determined by the director of budget 24,883
and management, in either case as certified to the Ohio arts and 24,884
sports facilities commission and the Ohio building authority, or 24,885
the final maturity of obligations issued by the Ohio building
authority to finance the facility. 24,886
(c) The facility is managed directly by, or by contract 24,888
with, the Ohio arts and sports facilities commission, and used 24,889
for or in connection with the activities of the commission, 24,890
including the presentation or making available of arts to the 24,891
public.
(3) A state historical facility. 24,893
(G) "State agency" means the state or any of its branches, 24,895
officers, boards, commissions, authorities, departments, 24,896
divisions, or other units or agencies of the state. 24,897
(H) "Construction" includes acquisition, including 24,899
acquisition by lease-purchase, demolition, reconstruction, 24,900
alteration, renovation, remodeling, enlargement, improvement, 24,901
site improvements and related equipping and furnishing. 24,902
(I) "State historical facility" means a site or facility 24,904
of archaeological, architectural, environmental, or historical 24,905
interest or significance, or a facility, including a storage 24,906
facility, appurtenant to the operations of such a site or 24,907
facility, that is owned by or is located on real property owned
by the state or by an arts organization, so long as the real 24,909
property, SITE, FACILITY, OR APPURTENANT FACILITY of the arts 24,910
organization meets the requirements of division (F)(2)(b) of this 24,911
section and OR is contiguous to state-owned real property that is 24,913
in the care, custody, and control of an arts organization, and 24,914
558
that is managed directly by or by contract with the commission, 24,915
and that is used for or in connection with the commission's 24,916
activities.
(J) "Ohio sports facility" means all or a portion of a 24,918
stadium, arena, or other capital facility in Ohio, a primary 24,919
purpose of which is to provide a site or venue for the 24,920
presentation to the public of events of one or more major or 24,921
minor league professional athletic or sports teams that are 24,922
associated with the state or with an Ohio city or region, which
facility is owned by or is located on real property owned by the 24,923
state or a governmental agency, and including all parking 24,924
facilities, walkways, and other auxiliary facilities, equipment, 24,926
furnishings, and real and personal property and interests and 24,927
rights therein, that may be appropriate for or used for or in 24,928
connection with the facility or its operation, for capital costs
of which state funds are spent pursuant to this chapter. A 24,929
facility constructed as an Ohio sports facility may be both an 24,930
Ohio arts facility and an Ohio sports facility. 24,931
Sec. 3383.08. There is hereby created in the state 24,941
treasury the capital donations fund, which shall be administered 24,942
by the Ohio arts and sports facilities commission. The fund 24,943
shall consist of gifts, grants, devises, bequests, and other 24,944
financial contributions made to the commission for the
construction or improvement of arts AND SPORTS facilities, and 24,945
shall be used in accordance with the specific purposes for which 24,947
such THE gifts, grants, devises, bequests, or other financial 24,948
contributions are made. All investment earnings of the fund 24,949
shall be credited to the fund. CHAPTERS 123., 125., 127., AND 24,950
153. AND SECTION 3517.13 OF THE REVISED CODE DO NOT APPLY TO
CONTRACTS PAID FROM THE FUND, NOTWITHSTANDING ANYTHING TO THE 24,951
CONTRARY IN THOSE CHAPTERS OR THAT SECTION. 24,952
Not later than the tenth day of each month, the commission 24,954
shall allocate the amounts credited to the fund during the 24,955
preceding month among the specific projects for which they are to 24,956
559
be used, and SHALL certify this information to the director of 24,958
budget and management. Investment earnings of the fund shall be
allocated in the same manner as the gifts, grants, devises, 24,959
bequests, and other financial contributions to which they are 24,961
attributable.
In the event that IF the amounts credited to the fund for a 24,963
particular project exceed what is required to complete that 24,964
project, the commission may refund any such excess amounts, 24,966
including unexpended investment earnings attributable to such 24,967
THOSE amounts, to the entity from which it was THEY WERE 24,968
received.
Sec. 3501.10. (A) The board of elections shall, as an 24,977
expense of the board, provide suitable rooms for its offices and 24,978
records and the necessary and proper furniture and supplies for 24,979
such rooms. The board may lease such offices and rooms, 24,980
necessary to its operation, for such length of time and upon such 24,981
terms as the board deems in the best interests of the public, 24,982
provided that the term of any such lease shall not exceed fifteen 24,983
years subject to the right of the board of county commissioners 24,984
by a majority vote within sixty days after the board of county 24,985
commissioners has been notified in writing of the execution of 24,986
the lease to void the action of the board of elections. The 24,987
THIRTY DAYS PRIOR TO ENTERING INTO SUCH A LEASE, THE BOARD 24,989
SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS IN WRITING OF ITS 24,990
INTENT TO ENTER INTO THE LEASE. THE NOTICE SHALL SPECIFY THE 24,991
TERMS AND CONDITIONS OF THE LEASE. PRIOR TO THE THIRTIETH DAY 24,992
AFTER RECEIVING THAT NOTICE AND BEFORE ANY LEASE IS ENTERED INTO, 24,993
THE BOARD OF COUNTY COMMISSIONERS MAY REJECT THE PROPOSED LEASE
BY A MAJORITY VOTE. AFTER RECEIVING WRITTEN NOTIFICATION OF THE 24,994
REJECTION BY THE BOARD OF COUNTY COMMISSIONERS, THE BOARD OF 24,995
ELECTIONS SHALL NOT ENTER INTO THE LEASE THAT WAS REJECTED, BUT 24,996
MAY IMMEDIATELY ENTER INTO ADDITIONAL LEASE NEGOTIATIONS, SUBJECT 24,997
TO THE REQUIREMENTS OF THIS SECTION.
THE board of elections in any county may, by resolution, 25,000
560
request that the board of county commissioners submit to the 25,001
electors of the county, in accordance with section 133.18 of the 25,002
Revised Code, the question of issuing bonds for the acquisition
of real estate and the construction on it of a suitable building 25,003
with necessary furniture and equipment for the proper 25,004
administration of the duties of the board of elections. The 25,005
resolution declaring the necessity for issuing such bonds shall 25,006
relate only to the acquisition of real estate and to the
construction, furnishing, and equipping of a building as provided 25,007
in this division. 25,008
(B) The board of elections in each county shall keep its 25,010
offices, or one or more of its branch registration offices, open 25,011
for the performance of its duties an additional seven hours each 25,013
week for three weeks before the close of registration before a 25,014
general or primary election. At all other times during each 25,016
week, the board shall keep its offices and rooms open for a 25,017
period of time that such board considers necessary for the 25,018
performance of its duties.
(C) The board may maintain permanent or temporary branch 25,020
offices at any place within the county. 25,021
Sec. 3501.11. Each board of elections shall exercise by a 25,030
majority vote all powers granted to such board by Title XXXV of 25,031
the Revised Code, shall perform all the duties imposed by law, 25,032
and shall: 25,033
(A) Establish, define, provide, rearrange, and combine 25,035
election precincts; 25,036
(B) Fix and provide the places for registration and for 25,038
holding primaries and elections; 25,039
(C) Provide for the purchase, preservation, and 25,041
maintenance of booths, ballot boxes, books, maps, flags, blanks, 25,042
cards of instructions, and other forms, papers, and equipment 25,043
used in registration, nominations, and elections; 25,044
(D) Appoint and remove its director, deputy director, and 25,046
employees and all registrars, judges, and other officers of 25,048
561
elections, fill vacancies, and designate the ward or district and 25,049
precinct in which each shall serve;
(E) Make and issue such rules and instructions, not 25,051
inconsistent with law or the rules established by the secretary 25,052
of state, as it considers necessary for the guidance of election 25,053
officers and voters; 25,054
(F) Advertise and contract for the printing of all ballots 25,056
and other supplies used in registrations and elections; 25,057
(G) Provide for the issuance of all notices, 25,059
advertisements, and publications concerning elections, EXCEPT AS 25,060
OTHERWISE PROVIDED IN DIVISION (G) OF SECTION 3501.17 OF THE 25,061
REVISED CODE;
(H) Provide for the delivery of ballots, pollbooks, and 25,063
other required papers and material to the polling places; 25,064
(I) Cause the polling places to be suitably provided with 25,066
stalls and other required supplies; 25,067
(J) Investigate irregularities, nonperformance of duties, 25,069
or violations of Title XXXV of the Revised Code by election 25,070
officers and other persons; administer oaths, issue subpoenas, 25,071
summon witnesses, and compel the production of books, papers, 25,072
records, and other evidence in connection with any such 25,073
investigation; and report the facts to the prosecuting attorney; 25,074
(K) Review, examine, and certify the sufficiency and 25,076
validity of petitions and nomination papers, and, after 25,077
certification, return to the secretary of state all petitions and 25,079
nomination papers that the secretary of state forwarded to the 25,081
board;
(L) Receive the returns of elections, canvass the returns, 25,083
make abstracts thereof, and transmit such abstracts to the proper 25,084
authorities; 25,085
(M) Issue certificates of election on forms to be 25,087
prescribed by the secretary of state; 25,088
(N) Make an annual report to the secretary of state, on 25,090
the form prescribed by the secretary of state, containing a 25,091
562
statement of the number of voters registered, elections held, 25,093
votes cast, appropriations received, and expenditures made, and 25,094
such other data as is required by the secretary of state; 25,095
(O) Prepare and submit to the proper appropriating officer 25,097
a budget estimating the cost of elections for the ensuing fiscal 25,098
year; 25,099
(P) Perform such other duties as are prescribed by law or 25,101
the rules of the secretary of state; 25,102
(Q) Investigate and determine the residence qualifications 25,104
of electors; 25,105
(R) Administer oaths in matters pertaining to the 25,107
administration of the election laws; 25,108
(S) Prepare and submit to the secretary of state whenever 25,110
the secretary of state requires, a report containing the names 25,112
and residence addresses of all incumbent county, municipal, 25,113
township, and board of education officials serving in their 25,114
respective counties;
(T) Establish and maintain a voter registration of all 25,116
qualified electors in the county who offer to register; 25,117
(U) Maintain voter registration records, make reports 25,119
concerning voter registration as required by the secretary of 25,120
state, and remove ineligible electors from voter registration 25,121
lists in accordance with law and directives of the secretary of 25,122
state.
(V) At least annually, on a schedule and in a format 25,124
prescribed by the secretary of state, submit to the secretary of 25,125
state an accurate and current list of all registered voters in 25,126
the county for the purpose of assisting the secretary of state to 25,127
maintain a master list of registered voters pursuant to section 25,128
3503.27 of the Revised Code; 25,129
(W) Give approval to ballot language for any local 25,131
question or issue and transmit the language to the secretary of 25,133
state for the secretary of state's final approval; 25,134
(X) Prepare and cause the following notice to be displayed 25,136
563
in a prominent location in every polling place: 25,137
"NOTICE 25,139
Ohio law prohibits any person from voting or attempting to 25,141
vote more than once at the same election. 25,142
Violators are guilty of a felony of the fourth degree and 25,144
shall be imprisoned and additionally may be fined in accordance 25,145
with law."
In all cases of a tie vote or a disagreement in the board, 25,147
if no decision can be arrived at, the director or chairman 25,148
CHAIRPERSON shall submit the matter in controversy, not later 25,149
than fourteen days after the tie vote or the disagreement, to the 25,150
secretary of state, who shall summarily decide the question and 25,151
the secretary of state's decision shall be final. 25,152
(Y) Assist each designated agency, deputy registrar of 25,155
motor vehicles, public high school and vocational school, public 25,156
library, and office of a county treasurer in the implementation 25,157
of a program for registering voters at all voter registration
locations as prescribed by the secretary of state. Under this 25,159
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for 25,160
persons residing outside the county where the board is located 25,161
within five days after receiving the applications. 25,162
On any day on which an elector may vote in person at the 25,164
office of the board or at another site designated by the board, 25,165
the board or other designated site shall be considered a polling 25,166
place for that day and all requirements or prohibitions of law 25,167
that apply to a polling place shall apply to the office of the 25,168
board or other designated site on that day.
Sec. 3501.17. (A) The expenses of the board of elections 25,177
shall be paid from the county treasury, in pursuance of 25,178
appropriations by the board of county commissioners, in the same 25,179
manner as other county expenses are paid. If the board of county 25,180
commissioners fails to appropriate an amount sufficient to 25,181
provide for the necessary and proper expenses of the board of 25,182
564
elections, such board may apply to the court of common pleas 25,183
within the county, which shall fix the amount necessary to be 25,184
appropriated and such amount shall be appropriated. Payments 25,185
shall be made upon vouchers of the board of elections certified 25,186
to by its chairman CHAIRPERSON or acting chairman CHAIRPERSON and 25,187
the director or deputy director, upon warrants of the county 25,188
auditor. The board of elections shall not incur any obligation 25,190
involving the expenditure of money unless there are moneys 25,191
sufficient in the funds appropriated therefor to meet such 25,192
obligations. Such expenses shall be apportioned among the county 25,193
and the various subdivisions as provided in this section, and the 25,194
amount chargeable to each subdivision shall be withheld by the 25,195
auditor from the moneys payable thereto at the time of the next 25,196
tax settlement. At the time of submitting budget estimates in 25,197
each year, the board of elections shall submit to the taxing 25,198
authority of each subdivision, upon the request of the 25,199
subdivision, an estimate of the amount to be withheld therefrom 25,200
during the next fiscal year.
The (B) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (F) OF 25,203
THIS SECTION, THE entire compensation of the members of the board 25,204
of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the 25,205
rental, furnishing, and equipping of the office of the board and 25,206
for the necessary office supplies for the use of the board; the 25,207
expenditures for the acquisition, repair, care, and custody of 25,208
the polling places, booths, guardrails, and other equipment for 25,209
polling places; the cost of pollbooks, tally sheets, maps, flags, 25,210
ballot boxes, and all other permanent records and equipment; the 25,211
cost of all elections held in and for the state and county; and 25,212
all other expenses of the board which are not chargeable to a 25,213
political subdivision in accordance with this section shall be 25,214
paid in the same manner as other county expenses are paid. 25,215
(C) The compensation of judges and clerks of elections; 25,217
the cost of renting, moving, heating, and lighting polling places 25,218
565
and of placing and removing ballot boxes and other fixtures and 25,219
equipment thereof; the cost of printing and delivering ballots, 25,220
cards of instructions, and other election supplies; and all other 25,221
expenses of conducting primaries and elections in the 25,222
odd-numbered years shall be charged to the subdivisions in and 25,223
for which such primaries or elections are held. The charge for 25,224
each primary or general election in odd-numbered years for each 25,225
subdivision shall be determined in the following manner: first, 25,226
the total cost of all chargeable items used in conducting such 25,227
elections shall be ascertained; second, the total charge shall be 25,228
divided by the number of precincts participating in such 25,229
election, in order to fix the cost per precinct; third, the cost 25,230
per precinct shall be prorated by the board of elections to the 25,231
subdivisions conducting elections for the nomination or election 25,232
of offices in such precinct; fourth, the total cost for each 25,233
subdivision shall be determined by adding the charges prorated to 25,234
it in each precinct within the subdivision. 25,235
(D) The entire cost of special elections held on a day 25,237
other than the day of a primary or general election, both in 25,238
odd-numbered or in even-numbered years, shall be charged to the 25,239
subdivision. Where a special election is held on the same day as 25,240
a primary or general election in an even-numbered year, the 25,241
subdivision submitting the special election shall be charged only 25,242
for the cost of ballots and advertising. Where a special 25,243
election is held on the same day as a primary or general election 25,244
in an odd-numbered year, the subdivision submitting the special 25,245
election shall be charged for the cost of ballots and advertising 25,246
for such special election, in addition to the charges prorated to 25,247
such subdivision for the election or nomination of candidates in 25,248
each precinct within the subdivision, as set forth in the 25,249
preceding paragraph. Where a special election is held on the day 25,250
specified by division (E) of section 3501.01 of the Revised Code 25,251
for the holding of a primary election, for the purpose of 25,252
submitting to the voters of the state constitutional amendments 25,253
566
proposed by the general assembly, the state shall bear the entire 25,254
cost of printing of ballots and advertising necessary to conduct 25,255
the special election and shall reimburse the counties for all 25,256
expenses incurred in opening precincts which are open for the 25,257
sole purpose of conducting the special election. In precincts 25,258
which are open for the conducting of any primary or other special 25,259
election, the cost shall be borne as otherwise provided in this 25,260
section. 25,261
(E) Where a special election is held on the day specified 25,263
by division (E) of section 3501.01 of the Revised Code for the 25,264
holding of a primary election, for the purpose of submitting to 25,265
the voters of the state constitutional amendments proposed by the 25,266
general assembly, and a subdivision conducts a special election 25,267
on the same day, the entire cost of the special election shall be 25,268
divided proportionally between the state and the subdivision 25,269
based upon a ratio determined by the number of issues placed on 25,270
the ballot by each, EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 25,272
OF THIS SECTION. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from 25,273
amounts appropriated by the general assembly to the secretary of 25,274
state. If a primary election is also being conducted in the 25,275
subdivision, the costs shall be apportioned as otherwise provided 25,276
in this section. 25,277
(F) WHEN A PRECINCT IS OPEN DURING A GENERAL, PRIMARY, OR 25,279
SPECIAL ELECTION SOLELY FOR THE PURPOSE OF SUBMITTING TO THE 25,280
VOTERS A STATEWIDE BALLOT ISSUE, THE STATE SHALL BEAR THE ENTIRE 25,281
COST OF THE ELECTION IN THAT PRECINCT AND SHALL REIMBURSE THE 25,282
COUNTY FOR ALL EXPENSES INCURRED IN OPENING THE PRECINCT. 25,283
(G) THE STATE SHALL BEAR THE ENTIRE COST OF ADVERTISING IN 25,285
NEWSPAPERS STATEWIDE BALLOT ISSUES, EXPLANATIONS OF THOSE ISSUES, 25,286
AND ARGUMENTS FOR OR AGAINST THOSE ISSUES, AS REQUIRED BY SECTION 25,287
1g OF ARTICLE II AND SECTION 1 OF ARTICLE XVI, OHIO CONSTITUTION, 25,290
AND ANY OTHER SECTION OF LAW AND SHALL REIMBURSE THE COUNTIES FOR 25,291
ALL EXPENSES THEY INCUR FOR SUCH ADVERTISING.
567
(H) The cost of renting, heating, and lighting 25,293
registration places; the cost of the necessary books, forms, and 25,294
supplies for the conduct of registration; and the cost of 25,295
printing and posting precinct registration lists shall be charged 25,296
to the subdivision in which such registration is held. 25,297
(I) AS USED IN THIS SECTION, "STATEWIDE BALLOT ISSUE" 25,299
MEANS ANY BALLOT ISSUE, WHETHER PROPOSED BY THE GENERAL ASSEMBLY 25,300
OR BY INITIATIVE OR REFERENDUM, THAT IS SUBMITTED TO THE VOTERS 25,301
THROUGHOUT THE STATE.
Sec. 3501.28. Except as otherwise provided in section 25,310
3501.36 of the Revised Code, each (A) AS USED IN THIS SECTION: 25,312
(1) "FAIR LABOR STANDARDS ACT" OR "ACT" MEANS THE "FAIR 25,315
LABOR STANDARDS ACT OF 1938," 52 STAT. 1062, 29 U.S.C.A. 201, AS 25,318
AMENDED.
(2) "FULL ELECTION DAY" MEANS THE PERIOD OF TIME BETWEEN 25,321
THE OPENING OF THE POLLS AND THE COMPLETION OF THE PROCEDURES 25,322
CONTAINED IN SECTION 3501.26 OF THE REVISED CODE. 25,323
(3) "SERVICES" MEANS SERVICES AT EACH GENERAL, PRIMARY, OR 25,326
SPECIAL ELECTION.
(B) FOR ANY ELECTION HELD IN 1997 ON OR AFTER THE 25,329
EFFECTIVE DATE OF THIS AMENDMENT, EACH judge of an election IN A 25,330
COUNTY shall be paid FOR THE JUDGE'S SERVICES at the same hourly 25,331
rate, which shall be not less than that THE MINIMUM HOURLY RATE 25,332
established by the "Fair Labor Standards Act of 1938," 52 Stat. 25,333
1062, 29 U.S.C.A. 201, as amended, for his services at each 25,335
general, primary, or special election, provided that no election
official shall be paid more than seventy dollars per day. No 25,336
election official who works less than the full election day shall 25,337
be paid the maximum amount allowed under this section or the 25,338
maximum amount as set by the board of elections, whichever is 25,339
less. For purposes of this section "full election day" means the 25,340
period of time between the opening of the polls and the 25,341
completion of the procedures contained in section 3501.26 of the 25,342
Revised Code. 25,343
568
(C) BEGINNING WITH CALENDAR YEAR 1998, EACH JUDGE OF AN 25,346
ELECTION IN A COUNTY SHALL BE PAID FOR THE JUDGE'S SERVICES AT 25,347
THE SAME HOURLY RATE, WHICH SHALL BE NOT LESS THAN THE MINIMUM 25,348
HOURLY RATE ESTABLISHED BY THE FAIR LABOR STANDARDS ACT AND NOT 25,349
MORE THAN EIGHTY-FIVE DOLLARS PER DIEM. 25,351
(D) BEGINNING WITH CALENDAR YEAR 1998, THE SECRETARY OF 25,354
STATE SHALL ESTABLISH, BY RULE ADOPTED UNDER SECTION 111.15 OF 25,355
THE REVISED CODE, THE MAXIMUM AMOUNT OF PER DIEM COMPENSATION 25,357
THAT MAY BE PAID TO JUDGES OF AN ELECTION UNDER THIS SECTION EACH 25,358
TIME THE FAIR LABOR STANDARDS ACT IS AMENDED TO INCREASE THE 25,360
MINIMUM HOURLY RATE ESTABLISHED BY THE ACT. UPON LEARNING OF 25,361
SUCH AN INCREASE, THE SECRETARY OF STATE SHALL DETERMINE BY WHAT 25,362
PERCENTAGE THE MINIMUM HOURLY RATE HAS BEEN INCREASED UNDER THE 25,363
ACT AND ESTABLISH A NEW MAXIMUM AMOUNT OF PER DIEM COMPENSATION 25,364
THAT JUDGES OF AN ELECTION MAY BE PAID UNDER THIS SECTION THAT IS 25,365
INCREASED BY THE SAME PERCENTAGE THAT THE MINIMUM HOURLY RATE HAS 25,366
BEEN INCREASED UNDER THE ACT. 25,367
(E)(1) Beginning with calendar year 1990, no board of 25,369
elections shall increase the pay of A JUDGE OF an election 25,370
official under this section during a calendar year unless the 25,372
board has given written notice of the proposed increase to the 25,373
board of county commissioners not later than the first day of 25,374
October of the preceding calendar year. The BEGINNING WITH 25,376
CALENDAR YEAR 1998, EXCEPT AS OTHERWISE PROVIDED IN DIVISION 25,377
(E)(2) OF THIS SECTION, NO BOARD OF ELECTIONS SHALL INCREASE THE 25,378
PAY OF A JUDGE OF AN ELECTION DURING A CALENDAR YEAR BY MORE THAN 25,381
NINE PER CENT OVER THE COMPENSATION PAID TO A JUDGE OF AN 25,382
ELECTION IN THE COUNTY WHERE THE BOARD IS LOCATED DURING THE
PREVIOUS CALENDAR YEAR. 25,383
(2) THE board of county commissioners may review and 25,386
comment upon the A proposed increase AND MAY ENTER INTO A WRITTEN 25,388
AGREEMENT WITH A BOARD OF ELECTIONS TO PERMIT AN INCREASE IN THE 25,389
COMPENSATION PAID TO JUDGES OF AN ELECTION FOR THEIR SERVICES 25,390
DURING A CALENDAR YEAR THAT IS GREATER THAN THE NINE PER CENT 25,391
569
LIMITATION DESCRIBED IN DIVISION (E)(1) OF THIS SECTION. 25,392
(F) NO JUDGE OF AN ELECTION WHO WORKS LESS THAN THE FULL 25,395
ELECTION DAY SHALL BE PAID THE MAXIMUM AMOUNT ALLOWED UNDER THIS 25,396
SECTION OR THE MAXIMUM AMOUNT AS SET BY THE BOARD OF ELECTIONS, 25,397
WHICHEVER IS LESS. 25,398
(G) The board of elections may withhold the compensation 25,400
of any precinct official for failure to obey the instructions of 25,402
the board or to comply with the law relating to the duties of 25,403
such precinct judge. ANY PAYMENT A JUDGE OF AN ELECTION IS 25,405
ENTITLED TO RECEIVE UNDER SECTION 3501.36 OF THE REVISED CODE IS 25,407
IN ADDITION TO THE COMPENSATION THE JUDGE IS ENTITLED TO RECEIVE 25,408
UNDER THIS SECTION. 25,409
Sec. 3701.031. (A) THE DIRECTOR OF HEALTH SHALL DO ALL OF 25,411
THE FOLLOWING: 25,412
(1) ESTABLISH A POPULATION-BASED PREGNANCY LOSS REGISTRY 25,414
TO MONITOR THE INCIDENCE OF VARIOUS TYPES OF PREGNANCY LOSSES 25,415
THAT OCCUR IN THIS STATE, MAKE APPROPRIATE EPIDEMIOLOGICAL 25,416
STUDIES TO DETERMINE ANY CAUSAL RELATIONS OF THE PREGNANCY LOSSES 25,417
WITH OCCUPATIONAL, NUTRITIONAL, ENVIRONMENTAL, GENETIC, OR
INFECTIOUS CONDITIONS, AND DETERMINE WHAT CAN BE DONE TO PREVENT 25,418
SUCH LOSSES; 25,419
(2) ADVISE, CONSULT, COOPERATE WITH, AND ASSIST, BY 25,421
CONTRACT OR OTHERWISE, AGENCIES OF THE STATE AND FEDERAL 25,422
GOVERNMENT, AGENCIES OF GOVERNMENTS OF OTHER STATES, AGENCIES OF 25,423
POLITICAL SUBDIVISIONS OF THIS STATE, UNIVERSITIES, PRIVATE 25,424
ORGANIZATIONS, CORPORATIONS, AND ASSOCIATIONS FOR THE PURPOSE OF 25,425
DIVISION (A)(1) OF THIS SECTION; 25,426
(3) ACCEPT AND ADMINISTER GRANTS FROM THE FEDERAL 25,428
GOVERNMENT OR OTHER SOURCES, PUBLIC OR PRIVATE, FOR CARRYING OUT 25,429
ANY OF THE FUNCTIONS ENUMERATED IN DIVISION (A)(1) OR (2) OF THIS 25,430
SECTION.
(B) THE DIRECTOR MAY ADOPT RULES PURSUANT TO CHAPTER 119. 25,433
OF THE REVISED CODE TO SPECIFY THE REPORTING REQUIREMENTS FOR 25,435
PHYSICIANS AS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS 25,436
570
SECTION.
(C) AS USED IN THIS SECTION, "PREGNANCY LOSS" MEANS A 25,439
TERMINATION OF PREGNANCY WITHIN THE FIRST TWENTY WEEKS OF
PREGNANCY EITHER SPONTANEOUSLY OR BY MEANS OTHER THAN THE 25,440
PURPOSEFUL TERMINATION OF A PREGNANCY AS DESCRIBED IN SECTION 25,441
2919.11 OF THE REVISED CODE. 25,443
Sec. 3701.14. The director of health shall make inquiry as 25,452
to the cause of disease, especially when contagious, infectious, 25,453
epidemic, or endemic, and take prompt action to control and 25,454
suppress it. The reports of births and deaths, the sanitary 25,455
conditions and effects of localities and employments, the 25,456
personal and business habits of the people and the relation of 25,457
the diseases of man and beast, shall be subjects of study by the 25,458
director. The director may make and execute orders necessary to 25,459
protect the people against diseases of lower animals, and shall 25,460
collect and preserve information in respect to such matters and 25,461
kindred subjects as may be useful in the discharge of his THE 25,462
DIRECTOR'S duties, and for dissemination among the people. When 25,464
called upon by the state or local governments, or the board of 25,465
health of a general or city health district, he THE DIRECTOR 25,466
shall promptly investigate and report upon the water supply, 25,468
sewerage, disposal of excreta of any locality, and the heating, 25,469
plumbing, and ventilation of a public building. 25,470
THE DIRECTOR SHALL MAINTAIN REGISTRIES OF HOSPITALS, 25,472
CLINICS, PHYSICIANS, OR OTHER CARE PROVIDERS TO WHOM THE DIRECTOR 25,473
SHALL REFER PERSONS WHO MAKE INQUIRIES TO THE DEPARTMENT OF 25,474
HEALTH REGARDING POSSIBLE EXPOSURE TO TUBERCULOSIS. 25,475
Sec. 3701.261. (A) The director of health shall: 25,485
(A)(1) Establish a population-based cancer registry, which 25,487
shall be known as the Ohio cancer incidence surveillance system, 25,489
to monitor the incidence of various types of malignant diseases 25,490
in Ohio, make appropriate epidemiologic studies to determine any 25,491
causal relations of such diseases with occupational, nutritional, 25,492
environmental, or infectious conditions, and alleviate or 25,493
571
eliminate any such conditions; 25,494
(B)(2) Advise, consult, cooperate with, and assist, by 25,496
contract or otherwise, agencies of the state and federal 25,498
government, agencies of the governments of other states, agencies 25,499
of political subdivisions of this state, universities, private 25,500
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 25,501
(C)(3) Accept and administer grants from the federal 25,503
government or other sources, public or private, for carrying out 25,505
any of the functions enumerated in divisions (A)(1) and (B)(2) of 25,506
this section.
(B) THE OHIO CANCER INCIDENCE SURVEILLANCE SYSTEM SHALL 25,508
FOLLOW A MODEL OF CANCER DATA COLLECTION AS SET FORTH BY THE 25,509
SURVEY EPIDEMIOLOGY AND END RESULTS SYSTEM (SEERS). 25,510
Sec. 3701.502. The director of health shall DO ALL OF THE 25,519
FOLLOWING:
(A) Encourage and assist in the development of programs of 25,521
education, detection, and treatment of genetic diseases and 25,522
provide for habilitation, rehabilitation, and counseling of 25,523
persons possessing a genetic trait of, or afflicted with, genetic 25,524
disease; 25,525
(B) Advise, consult, cooperate with, and assist, by 25,527
contract or otherwise, agencies of this state and the federal 25,528
government, agencies of the governments of other states, agencies 25,529
of political subdivisions of this state, and private 25,530
organizations, corporations, and associations in the development 25,531
and promotion of programs pertaining to the causes, detection, 25,532
and treatment of genetic diseases, habilitation, rehabilitation, 25,533
and counseling of persons possessing the trait of or afflicted 25,534
with genetic disease; 25,535
(C) Accept and administer grants from the federal 25,537
government or other sources, public or private, for carrying out 25,538
any of the functions enumerated in divisions (A) and (B) of this 25,539
section. All such moneys so received shall be deposited by the 25,540
572
director in the state treasury and shall be kept in a separate 25,541
fund by the treasurer of state. The EXCEPT AS OTHERWISE PROVIDED 25,542
IN SECTION 3701.45 OF THE REVISED CODE, PAYMENTS FROM THE fund 25,543
may SHALL be drawn upon by MADE PURSUANT TO vouchers signed 25,545
APPROVED by the director.
Sec. 3701.74. (A) As used in this section: 25,554
(1) "Hospital" means any institution registered as a 25,556
hospital with the department of health pursuant to section 25,557
3701.07 of the Revised Code. 25,558
(2) "Medical record" means any document or combination of 25,560
documents that pertains to a patient's medical history, 25,561
diagnosis, prognosis, or medical condition and that is generated 25,562
and maintained in the process of the patient's health care 25,563
treatment at a hospital. 25,564
(3) "Finalized medical record" means a medical record that 25,566
is complete according to a hospital's bylaws. 25,567
(4) "Patient" means any individual who received health 25,569
care treatment at a hospital. 25,570
(B) A hospital shall prepare a finalized medical record 25,572
for each patient who receives health care treatment at the 25,573
hospital, within a reasonable time after treatment. 25,574
(C) A patient who wishes to examine or obtain a copy of 25,576
part or all of a finalized medical record covering a prior 25,577
inpatient stay or outpatient treatment shall submit to the 25,578
hospital a signed, written request dated not more than sixty days 25,579
before the date on which it is submitted. The patient who wishes 25,580
to obtain a copy of the record shall indicate in the request 25,581
whether the copy is to be sent to the patient's residence or held 25,582
for the patient at the hospital. Within a reasonable time after 25,583
receiving a request that meets the requirements of this division 25,584
and includes sufficient information to identify the record 25,585
requested, the hospital shall permit the patient to examine the 25,586
record during regular business hours or shall provide a copy of 25,587
the record in accordance with the request, except that if a 25,588
573
physician who has treated the patient determines for clearly 25,589
stated treatment reasons that disclosure of the requested record 25,590
is likely to have an adverse effect on the patient, the hospital 25,591
shall provide the record to a physician designated by the 25,592
patient. THE HOSPITAL SHALL PROVIDE A COPY OF THE PATIENT'S 25,593
FINALIZED MEDICAL RECORD TO THE PATIENT WITHOUT CHARGE. FOR 25,594
ADDITIONAL REQUESTS, A HOSPITAL MAY CHARGE A REASONABLE COPYING 25,596
FEE. The hospital shall take reasonable steps to establish the 25,598
identity of the patient examining, or requesting a copy of, the 25,599
patient's record.
(D) If a hospital fails to furnish a finalized medical 25,601
record as required by division (C) of this section, the patient 25,602
who requested the record may bring a civil action to enforce the 25,603
patient's right of access to the record. 25,604
(E) This section does not apply to medical records whose 25,606
release is covered by Chapter 1347. or 5122. of the Revised Code 25,607
or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug 25,608
Abuse Patient Records." Nothing in this section is intended to 25,609
supersede the confidentiality provisions of sections 2305.24 to 25,610
2305.251 of the Revised Code. 25,611
Sec. 3702.30. (A) As used in this section: 25,620
(1) "Ambulatory surgical facility" means a facility, 25,622
whether or not part of the same organization as a hospital, that 25,623
is located in a building distinct from another in which inpatient 25,625
care is provided, and to which any of the following apply: 25,626
(a) Outpatient surgery is routinely performed in the 25,628
facility and the facility functions separately from a hospital's 25,630
inpatient surgical service and from the offices of private
physicians, podiatrists, and dentists; 25,631
(b) Anesthesia is administered in the facility by an 25,634
anesthesiologist or certified registered nurse anesthetist and 25,636
the facility functions separately from a hospital's inpatient
surgical service and from the offices of private physicians, 25,637
podiatrists, and dentists; 25,638
574
(c) The facility applies to be certified by the United 25,641
States health care financing administration as an ambulatory 25,642
surgical center for purposes of reimbursement under Part B of the 25,643
medicare program, Part B of Title XVIII of the "Social Security 25,645
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 25,646
(d) The facility applies to be certified by a national 25,649
accrediting body approved by the health care financing
administration for purposes of deemed compliance with the 25,650
conditions for participating in the medicare program as an 25,651
ambulatory surgical center; 25,652
(e) The facility bills or receives from any third-party 25,655
payer, governmental health care program, or other person or
government entity any ambulatory surgical facility fee that is 25,657
billed or paid in addition to any fee for professional services; 25,658
(f) The facility is held out to any person or government 25,660
entity as an ambulatory surgical facility or similar facility by 25,661
means of signage, advertising, or other promotional efforts. 25,662
"Ambulatory surgical facility" does not include a hospital 25,665
emergency department.
(2) "Ambulatory surgical facility fee" means a fee for 25,668
certain overhead costs associated with providing surgical 25,669
services in an outpatient setting. A fee is an ambulatory 25,670
surgical facility fee only if it directly or indirectly pays for 25,671
costs associated with any of the following:
(a) Use of operating and recovery rooms, preparation 25,674
areas, and waiting rooms and lounges for patients and relatives; 25,675
(b) Administrative functions, record keeping, 25,677
housekeeping, utilities, and rent; 25,678
(c) Services provided by nurses, orderlies, technical 25,681
personnel, and others involved in patient care related to 25,682
providing surgery.
"Ambulatory surgical facility fee" does not include any 25,685
additional payment in excess of a professional fee that is 25,686
provided to encourage physicians, podiatrists, and dentists to 25,687
575
perform certain surgical procedures in their office or their 25,688
group practice's office rather than a health care facility, if 25,689
the purpose of the additional fee is to compensate for additional 25,690
cost incurred in performing office-based surgery.
(3) "Governmental health care program" has the same 25,692
meaning as in section 4731.65 of the Revised Code. 25,693
(4) "Health care facility" means any of the following: 25,695
(a) An ambulatory surgical facility; 25,697
(b) A freestanding dialysis center; 25,699
(c) A freestanding inpatient rehabilitation facility; 25,701
(d) A freestanding birthing center; 25,703
(e) A freestanding radiation therapy center; 25,705
(f) A freestanding or mobile diagnostic imaging center. 25,707
(5) "Metropolitan statistical area" has the same meaning 25,710
as in section 3702.51 of the Revised Code.
(6) "Third-party payer" has the same meaning as in section 25,713
3901.38 of the Revised Code.
(B) By rule adopted in accordance with sections 3702.12 25,716
and 3702.13 of the Revised Code, the director of health shall 25,717
establish quality standards for health care facilities. The 25,718
standards may incorporate accreditation standards or other
quality standards established by any entity recognized by the 25,719
director. The rules shall be adopted so as to cause the 25,720
standards to take effect on March 31, 1996. 25,721
(C) The director shall issue a license to each health care 25,723
facility that makes application for a license and demonstrates to 25,724
the director that it meets the quality standards established 25,725
under division (B) of this section, except that if a health care 25,726
facility located in a metropolitan statistical area applies for a 25,727
license on or after March 31, 1996, and at the time the license 25,729
is to take effect the quality standards are not yet in effect, 25,731
the director shall issue the license without a demonstration that 25,732
the health care facility meets quality standards.
(D) Effective March 31, 1996, no health care facility 25,735
576
located in a metropolitan statistical area shall operate without 25,736
a license issued under this section. Effective May 1, 1997 APRIL 25,737
1, 1998, no other health care facility shall operate without a 25,739
license issued under this section.
(E) The rules adopted under division (B) of this section 25,742
shall include provisions governing application for, renewal, 25,743
suspension, and revocation of licenses.
Sec. 3702.31. (A) THE QUALITY MONITORING AND INSPECTION 25,747
FUND IS HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF 25,748
HEALTH SHALL USE THE FUND TO ADMINISTER AND ENFORCE THIS SECTION 25,749
AND SECTIONS 3702.11 TO 3702.20 AND 3702.30 OF THE REVISED CODE 25,752
AND RULES ADOPTED PURSUANT TO THOSE SECTIONS. THE DIRECTOR SHALL 25,754
DEPOSIT IN THE FUND ANY MONEYS COLLECTED PURSUANT TO THIS 25,755
SECTION. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED 25,756
TO THE FUND.
(B) THE DIRECTOR OF HEALTH SHALL ADOPT RULES PURSUANT TO 25,759
CHAPTER 119. OF THE REVISED CODE ESTABLISHING FEES FOR BOTH OF 25,760
THE FOLLOWING:
(1) INITIAL AND RENEWAL LICENSE APPLICATIONS SUBMITTED 25,762
UNDER SECTION 3702.30 OF THE REVISED CODE. THE FEES ESTABLISHED 25,763
UNDER DIVISION (B)(1) OF THIS SECTION SHALL NOT EXCEED THE ACTUAL 25,765
AND NECESSARY COSTS OF PERFORMING THE ACTIVITIES DESCRIBED IN 25,766
DIVISION (A) OF THIS SECTION. 25,767
(2) INSPECTIONS CONDUCTED UNDER SECTION 3702.15 OR 3702.30 25,770
OF THE REVISED CODE. THE FEES ESTABLISHED UNDER DIVISION (B)(2) 25,773
OF THIS SECTION SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS 25,774
INCURRED DURING AN INSPECTION, INCLUDING ANY INDIRECT COSTS 25,775
INCURRED BY THE DEPARTMENT FOR STAFF, SALARY, OR OTHER 25,776
ADMINISTRATIVE COSTS. THE DIRECTOR OF HEALTH SHALL PROVIDE TO 25,778
EACH HEALTH CARE FACILITY OR PROVIDER INSPECTED PURSUANT TO 25,779
SECTION 3702.15 OR 3702.30 OF THE REVISED CODE A WRITTEN 25,781
STATEMENT OF THE FEE. THE STATEMENT SHALL ITEMIZE AND TOTAL THE 25,783
COSTS INCURRED. WITHIN FIFTEEN DAYS AFTER RECEIVING A STATEMENT 25,785
FROM THE DIRECTOR, THE FACILITY OR PROVIDER SHALL FORWARD THE 25,786
577
TOTAL AMOUNT OF THE FEE TO THE DIRECTOR.
(3) THE FEES DESCRIBED IN DIVISIONS (B)(1) AND (2) OF THIS 25,789
SECTION SHALL MEET BOTH OF THE FOLLOWING REQUIREMENTS: 25,790
(a) FOR EACH SERVICE DESCRIBED IN SECTION 3702.11 OF THE 25,793
REVISED CODE, THE FEE SHALL NOT EXCEED ONE THOUSAND DOLLARS 25,795
ANNUALLY. THE TOTAL FEES CHARGED TO A HEALTH CARE PROVIDER UNDER 25,796
THIS SECTION SHALL NOT EXCEED FOUR THOUSAND DOLLARS ANNUALLY. 25,797
(b) THE FEE SHALL EXCLUDE ANY COSTS REIMBURSABLE BY THE 25,800
UNITED STATES HEALTH CARE FINANCING ADMINISTRATION AS PART OF THE 25,802
CERTIFICATION PROCESS FOR THE MEDICARE PROGRAM ESTABLISHED UNDER 25,803
TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 25,809
U.S.C.A. 301, AS AMENDED, AND THE MEDICAID PROGRAM ESTABLISHED 25,811
UNDER TITLE XIX OF THAT ACT. 25,813
(4) THE DIRECTOR SHALL NOT ESTABLISH A FEE FOR ANY SERVICE 25,816
FOR WHICH A LICENSURE OR INSPECTION FEE IS PAID BY THE HEALTH 25,817
CARE PROVIDER TO A STATE AGENCY FOR THE SAME OR SIMILAR LICENSURE 25,818
OR INSPECTION.
Sec. 3702.511. Activities specified in division (R) of 25,827
section 3702.51 of the Revised Code shall cease to be reviewable 25,829
activities in accordance with this section. 25,830
(A) The activities specified in divisions (R)(1)(a) to 25,833
(c), (2), (4)(b), (5)(b), (7), (10)(a), and (11) of section 25,834
3702.51 of the Revised Code cease to be reviewable activities as 25,835
follows:
(1) Except as provided in division (A)(2) of this section, 25,837
if IF initial rules adopted under section 3702.11 of the Revised 25,839
Code take effect prior to May 1, 1997, for any service specified 25,840
in that section, all activities related to that service cease to 25,841
be reviewable activities one year after the effective date of the 25,842
rules IF CONDUCTED WITHIN A METROPOLITAN STATISTICAL AREA AND 25,843
APRIL 1, 1998, IF CONDUCTED WITHIN A RURAL AREA;
(2) If the director of health fails to file proposed 25,845
initial rules in accordance with section 119.03 of the Revised 25,846
Code prior to May 1, 1996, for any service specified in section 25,847
578
3702.11 of the Revised Code, all activities related to that 25,848
service cease to be reviewable activities May 1, 1997;
(3) If initial rules for any service specified in section 25,850
3702.11 of the Revised Code do not take effect prior to May 1, 25,852
1997, all activities related to that service cease to be 25,853
reviewable activities May 1, 1997.
(B) The activities specified in divisions (R)(1)(d), 25,856
(3)(b), (3)(c), (4)(a), (5)(a), and (10)(b) of section 3702.51 of 25,857
the Revised Code cease to be reviewable activities May 1, 1997, 25,858
EXCEPT THAT IF CONDUCTED WITHIN A RURAL AREA, THE ACTIVITIES ARE 25,859
AGAIN REVIEWABLE ACTIVITIES FROM THE EFFECTIVE DATE OF THIS 25,860
AMENDMENT TO APRIL 1, 1998. 25,861
(C) The activity specified in division (R)(3)(a) of 25,863
section 3702.51 of the Revised Code ceases to be a reviewable 25,864
activity March 31, 1996, if conducted within a metropolitan 25,865
statistical area, and May 1, 1997, if conducted within a rural 25,866
area, EXCEPT THAT IF CONDUCTED WITHIN A RURAL AREA, THE ACTIVITY 25,867
IS AGAIN A REVIEWABLE ACTIVITY FROM THE EFFECTIVE DATE OF THIS
AMENDMENT TO APRIL 1, 1998. 25,868
(D) The activities specified in divisions (R)(6), (8), and 25,870
(9) of section 3702.51 of the Revised Code pertain to 25,871
implementation of reviewable activities for which a certificate 25,872
of need has been granted. When an activity described in division 25,873
(R)(1), (2), (3), (4), (5), (7), (10), or (11) of that section
ceases to be a reviewable activity, divisions (R)(6), (8), and 25,874
(9) cease to pertain to that activity. 25,875
Sec. 3702.5211. NOTWITHSTANDING SECTIONS 3702.51 TO 25,877
3702.68 OF THE REVISED CODE, THE OHIO VETERAN'S HOME, INCLUDING 25,879
THE SECREST NURSING HOME AND GIFFIN CARE FACILITY, IS NOT 25,881
REQUIRED TO OBTAIN A CERTIFICATE OF NEED FOR THE ADDITION OF UP 25,882
TO FIFTY-TWO ADDITIONAL NURSING HOME BEDS TO BE LICENSED UNDER 25,883
CHAPTER 3721. OF THE REVISED CODE IF THE ADDITIONAL BEDS ARE 25,885
PLACED IN SERVICE PRIOR TO JUNE 30, 1999. 25,886
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 25,896
579
3702.62 of the Revised Code, this section applies to the review 25,897
of certificate of need applications during the period beginning 25,898
July 1, 1993, and ending June 30, 1997 1999. 25,899
(B)(1) Except as provided in division (B)(2) of this 25,901
section, the director of health shall neither grant nor deny any 25,902
application for a certificate of need submitted prior to July 1, 25,903
1993, if the application was for any of the following and the 25,905
director had not issued a written decision concerning the 25,906
application prior to that date:
(a) Approval of beds in a new health care facility or an 25,908
increase of beds in an existing health care facility, if the beds 25,909
are proposed to be licensed as nursing home beds under Chapter 25,910
3721. of the Revised Code; 25,911
(b) Approval of beds in a new county home or new county 25,913
nursing home as defined in section 5155.31 of the Revised Code, 25,914
or an increase of beds in an existing county home or existing 25,915
county nursing home, if the beds are proposed to be certified as 25,916
skilled nursing facility beds under Title XVIII or nursing 25,917
facility beds under Title XIX of the "Social Security Act," 49 25,918
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 25,919
(c) Recategorization of hospital beds as described in 25,921
section 3702.522 of the Revised Code, an increase of hospital 25,923
beds registered pursuant to section 3701.07 of the Revised Code 25,924
as long-term care beds or skilled nursing facility beds, or a 25,925
recategorization of hospital beds that would result in an 25,926
increase of beds registered pursuant to that section as long-term 25,927
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 25,930
application to the applicant and, notwithstanding section 3702.52 25,931
of the Revised Code regarding the uses of the certificate of need 25,932
fund, shall refund to the applicant the application fee paid 25,933
under that section. Applications returned under division (B)(1) 25,934
of this section may be resubmitted in accordance with section 25,935
3702.52 of the Revised Code no sooner than July 1, 1997 1999. 25,936
580
(2) The director shall continue to review and shall issue 25,938
a decision regarding any application submitted prior to July 1, 25,939
1993, to increase beds for either of the purposes described in 25,941
division (B)(1)(a) or (b) of this section if the proposed 25,942
increase in beds is attributable solely to a replacement or 25,943
relocation of existing beds within the same county. The director 25,944
shall authorize under such an application no additional beds 25,945
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 25,947
section, the director, during the period beginning July 1, 1993, 25,948
and ending June 30, 1997 1999, shall not accept for review under 25,949
section 3702.52 of the Revised Code any application for a 25,950
certificate of need for any of the purposes described in 25,951
divisions (B)(1)(a) to (c) of this section. 25,952
(2) The director shall accept for review any application 25,954
for either of the purposes described in division (B)(1)(a) or (b) 25,955
of this section if the proposed increase in beds is attributable 25,956
solely to a replacement or relocation of existing beds within the 25,957
same county. The director shall authorize under such an 25,958
application no additional beds beyond those being replaced or 25,959
relocated. The director also shall accept for review any 25,960
application that seeks certificate of need approval for existing 25,961
beds located in an infirmary that is operated exclusively by a 25,963
religious order, provides care exclusively to members of 25,964
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 25,965
care exclusively to members of such a religious order on January 25,966
1, 1994.
(D) The director shall issue a decision regarding any case 25,968
remanded by a court as the result of a decision issued by the 25,971
director prior to July 1, 1993, to grant, deny, or withdraw a 25,972
certificate of need for any of the purposes described in 25,973
divisions (B)(1)(a) to (c) of this section. 25,974
(E) The director shall not project the need for beds 25,976
581
listed in division (B)(1) of this section for the period 25,977
beginning July 1, 1993, and ending June 30, 1997 1999. 25,978
This section is an interim section effective until July 1, 25,980
1997 1999. 25,981
Sec. 3705.24. (A) Except as otherwise provided in this 25,990
division or division (H)(G) of this section, the fee for a 25,991
certified copy of a vital record or for a certification of birth 25,993
shall be five dollars plus any fee required by section 3109.14 of 25,994
the Revised Code. Except as provided in section 3705.241 of the 25,995
Revised Code, the fee for a certified copy of a vital record or 25,996
for a certification of birth issued by the office of vital 25,997
statistics shall be an amount prescribed by the public health 25,998
council plus any fee required by section 3109.14 of the Revised 25,999
Code. The fee for a certified copy of a vital record or for a 26,000
certification of birth issued by a health district shall be an 26,001
amount prescribed in accordance with section 3709.09 of the 26,002
Revised Code plus any fee required by section 3109.14 of the 26,003
Revised Code. No certified copy of a vital record or 26,004
certification of birth shall be issued without payment of the fee 26,005
unless otherwise specified by statute.
For a special search of the files and records to determine 26,007
a date or place contained in a record on file, the office of 26,008
vital statistics shall charge a fee of three dollars for each 26,009
hour or fractional part of an hour required for the search. 26,010
(B) Except as otherwise provided in division (H)(G) of 26,012
this section, and except as provided in section 3705.241 of the 26,014
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 26,015
into the state treasury to the credit of the general operations 26,016
fund created by section 3701.83 of the Revised Code. MONEY 26,018
GENERATED BY THE FEES SHALL BE USED ONLY FOR ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT. 26,019
Amounts submitted to the department of health for copies of vital 26,021
records or services in excess of the fees imposed by this section 26,022
582
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 26,024
retained by the department and deposited in the state treasury to 26,025
the credit of the general operations fund created by section 26,026
3701.83 of the Revised Code. 26,027
(2) An overpayment in excess of two dollars shall be 26,029
returned to the person who made the overpayment. 26,030
(C) If a local registrar is a salaried employee of a city 26,032
or a general health district, any fees the local registrar 26,033
receives pursuant to section 3705.23 of the Revised Code shall be 26,034
paid into the general fund of the city or the health fund of the 26,035
general health district. 26,036
Each local registrar of vital statistics, or each health 26,038
district where the local registrar is a salaried employee of the 26,039
district, shall be entitled to a fee for each birth, fetal death, 26,040
death, or military service certificate properly and completely 26,041
made out and registered with the local registrar or district and 26,042
correctly copied and forwarded to the office of vital statistics 26,044
in accordance with the population of the primary registration 26,045
district at the last federal census. The fee for each birth, 26,046
fetal death, death, or military service certificate shall be: 26,047
(1) In primary registration districts of over two hundred 26,049
fifty thousand, twenty cents; 26,050
(2) In primary registration districts of over one hundred 26,052
twenty-five thousand and less than two hundred fifty thousand, 26,053
sixty cents; 26,054
(3) In primary registration districts of over fifty 26,056
thousand and less than one hundred twenty-five thousand, eighty 26,057
cents; 26,058
(4) In primary registration districts of less than fifty 26,060
thousand, one dollar. 26,061
(D) The director of health shall annually certify to the 26,063
county treasurers of the several counties the number of birth, 26,064
fetal death, death, and military service certificates registered 26,065
583
from their respective counties with the names of the local 26,066
registrars and the amounts due each registrar and health district 26,067
at the rates fixed in this section. Such amounts shall be paid 26,068
by the treasurer of the county in which the registration 26,069
districts are located. No fees shall be charged or collected by 26,070
registrars except as provided by this chapter and section 3109.14 26,071
of the Revised Code. 26,072
(E) A probate judge shall be paid a fee of fifteen cents 26,074
for each certified abstract of marriage prepared and forwarded by 26,075
the probate judge to the department of health pursuant to section 26,076
3705.21 of the Revised Code. The fee shall be in addition to the 26,077
fee paid for a marriage license and shall be paid by the 26,078
applicants for the license. 26,079
(F) The clerk of a court of common pleas shall be paid a 26,081
fee of one dollar for each certificate of divorce, dissolution, 26,082
and annulment of marriage prepared and forwarded by the clerk to 26,083
the department pursuant to section 3705.21 of the Revised Code. 26,084
The fee for the certified abstract of divorce, dissolution, or 26,085
annulment of marriage shall be added to the court costs allowed 26,086
in these cases. 26,087
(G) The fee for an heirloom certification of birth issued 26,089
pursuant to division (B)(2) of section 3705.23 of the Revised 26,091
Code shall be an amount prescribed by rule by the director of 26,093
health plus any fee required by section 3109.14 of the Revised 26,094
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 26,095
offset the expense of processing heirloom certifications of 26,096
birth. The fee prescribed by the director of health pursuant to 26,098
THIS division (H) of this section shall be deposited into the 26,100
state treasury to the credit of the heirloom certification of
birth fund which is hereby created. Money credited to the fund 26,101
shall be used by the office of vital statistics to offset the 26,102
expense of processing heirloom certifications of birth. However, 26,103
the money collected for the surcharge, subject to the approval of 26,104
584
the controlling board, shall be used for the purposes specified 26,105
by the family and children first council pursuant to section 26,106
121.37 of the Revised Code.
Sec. 3719.02. A person may cultivate, grow, or by other 26,115
process produce or manufacture, and a person on land owned, 26,116
occupied, or controlled by such person may knowingly allow to be 26,118
cultivated, grown, or produced, any controlled substance if the
person first obtains a license as a manufacturer of controlled 26,119
substances from the state board of pharmacy. 26,120
All licenses issued pursuant to this section shall be for a 26,122
period of one year from the last day of June and may be renewed 26,123
for a like period annually according to the standard renewal 26,124
procedure of sections 4745.01 to 4745.03 of the Revised Code. 26,125
The annual license fee shall be twenty-five THIRTY-SEVEN 26,127
dollars AND FIFTY CENTS and shall accompany each application for 26,129
a license or renewal thereof. A license that has not been 26,130
renewed by the first day of August in any year may be reinstated 26,131
upon payment of the renewal fee and a penalty of thirty-seven 26,132
FIFTY-FIVE dollars and fifty cents. 26,133
The state board of pharmacy, subject to the approval of the 26,135
controlling board, may establish a fee in excess of the amount 26,136
provided in this section, provided that the fee does not exceed 26,137
the amount established by this section by more than fifty per 26,138
cent. 26,139
Sec. 3719.021. Persons other than a licensed manufacturer, 26,148
pharmacist, or owner of a pharmacy who possess for sale, sell, or 26,149
dispense controlled substances at wholesale shall first obtain a 26,150
license as a wholesaler of controlled substances from the state 26,151
board of pharmacy. 26,152
All licenses issued pursuant to this section shall be for a 26,154
period of one year from the thirtieth day of June and may be 26,155
renewed for a like period annually according to the standard 26,156
renewal procedure of sections 4745.01 to 4745.03 of the Revised 26,157
Code. 26,158
585
The annual license fee shall be twenty-five THIRTY-SEVEN 26,160
dollars AND FIFTY CENTS and shall accompany each application for 26,162
such license or renewal thereof. All such renewal fees shall be 26,163
paid in advance by the renewal applicant to the treasurer of 26,164
state, and entered by the treasurer of state on the records of 26,166
the state board of pharmacy. A license that has not been renewed 26,167
by the first day of August in any year may be reinstated upon 26,168
payment of the renewal fee and a penalty of thirty-seven 26,169
FIFTY-FIVE dollars and fifty cents. 26,170
The state board of pharmacy, subject to the approval of the 26,172
controlling board, may establish a fee in excess of the amount 26,173
provided in this section, provided that the fee does not exceed 26,174
the amount established by this section by more than fifty per 26,175
cent. 26,176
Sec. 3729.40. (A) The Ohio health care data center shall 26,185
conduct annually a survey of the educational background, 26,187
demographic characteristics, and professional practices of 26,188
persons licensed, certified, or registered by the following: the 26,189
chiropractic examining board; the counselor and social worker 26,191
board; the state medical board; the board of nursing; the Ohio 26,192
occupational therapy, physical therapy, and athletic trainers
board; the state board of optometry; and the state board of 26,193
psychology. The public health council shall adopt rules in 26,194
accordance with Chapter 119. of the Revised Code governing the 26,195
information to be included in the survey and the process for 26,196
conducting it. The department of administrative services shall
provide the Ohio health care data center with the full names, 26,197
types of licenses, and business addresses, that the central 26,198
service agency maintains under section 125.22 of the Revised Code 26,199
regarding persons licensed, certified, or registered by the 26,200
boards specified in this division. THE STATE MEDICAL BOARD SHALL
PROVIDE THE CENTER WITH SIMILAR INFORMATION REGARDING PERSONS 26,201
LICENSED, CERTIFIED, OR REGISTERED BY THE BOARD. The survey 26,202
results shall be used exclusively for statistical purposes and 26,204
586
shall be released only in their entirety. 26,205
(B) Each medical school in this state shall disclose 26,207
annually to the center, in the form and manner prescribed by the 26,208
center, all of the following information: 26,209
(1) The number of entering medical students, according to 26,211
state and county of residence prior to entering; 26,212
(2) The number of graduates entering primary care medical 26,214
residencies in comparison with those entering specialized fields, 26,215
according to location and type of residency; 26,216
(3) The number of its graduates completing either primary 26,218
care or specialty residencies who: 26,219
(a) Proceed directly to practice, according to state and 26,221
county of practice; 26,222
(b) Proceed directly to specialty residency or 26,224
fellowships. 26,225
(4) The number of its graduates completing specialty 26,227
residency fellowships who proceed to practice, according to state 26,228
and county of practice. 26,229
(C) Each school of nursing and school of allied health 26,231
education in this state that awards baccalaureate degrees shall 26,232
disclose annually to the center, in the form and manner 26,233
prescribed by the center, all of the following information: 26,234
(1) The number of baccalaureate graduates who proceed 26,236
directly to practice, according to state and county of practice; 26,237
(2) The number of baccalaureate graduates who proceed 26,239
directly to post-baccalaureate training; 26,240
(3) The number of its baccalaureate graduates who complete 26,242
post-baccalaureate training and proceed to practice, according to 26,243
state and county of practice. 26,244
Sec. 3734.18. (A) There are hereby levied fees on the 26,253
disposal of hazardous waste to be collected according to the 26,254
following schedule at each disposal facility to which the 26,255
hazardous waste facility board has issued a hazardous waste 26,256
facility installation and operation permit or the director of 26,257
587
environmental protection has issued a renewal permit pursuant to 26,258
section 3734.05 of the Revised Code: 26,259
(1) For disposal facilities that are off-site facilities 26,261
as defined in division (E) of section 3734.02 of the Revised 26,262
Code, fees shall be levied at the rate of four dollars and fifty 26,263
cents per ton for hazardous waste disposed of by deep well 26,264
injection and nine dollars per ton for hazardous waste disposed 26,266
of by land application or landfilling. The owner or operator of 26,267
the facility, as a trustee for the state, shall collect the fees 26,268
and forward them to the director in accordance with rules adopted 26,269
under this section. 26,270
(2) For disposal facilities that are on-site or satellite 26,272
facilities, as defined in division (E) of section 3734.02 of the 26,273
Revised Code, fees shall be levied at the rate of two dollars per 26,274
ton for hazardous waste disposed of by deep well injection and 26,275
four dollars per ton for hazardous waste disposed of by land 26,276
application or landfilling. The maximum annual disposal fee for 26,277
an on-site disposal facility that disposes of one hundred 26,278
thousand tons or less of hazardous waste in a year is twenty-five 26,279
thousand dollars. The maximum annual disposal fee for an on-site 26,280
facility that disposes of more than one hundred thousand tons of 26,281
hazardous waste in a year by land application or landfilling is 26,282
fifty thousand dollars, and the maximum annual fee for an on-site 26,283
facility that disposes of more than one hundred thousand tons of 26,284
hazardous waste in a year by deep well injection is one hundred 26,285
thousand dollars. The maximum annual disposal fee for a 26,286
satellite facility that disposes of one hundred thousand tons or 26,287
less of hazardous waste in a year is thirty-seven thousand five 26,288
hundred dollars, and the maximum annual disposal fee for a 26,289
satellite facility that disposes of more than one hundred 26,290
thousand tons of hazardous waste in a year is seventy-five 26,291
thousand dollars, except that a satellite facility defined under 26,292
division (E)(3)(b) of section 3734.02 of the Revised Code that 26,293
receives hazardous waste from a single generation site is subject 26,294
588
to the same maximum annual disposal fees as an on-site disposal 26,295
facility. The owner or operator shall pay the fee to the 26,296
director each year upon the anniversary of the date of issuance 26,297
of the owner's or operator's installation and operation permit 26,299
during the term of that permit and any renewal permit issued 26,300
under division (H) of section 3734.05 of the Revised Code. If 26,301
payment is late, the owner or operator shall pay an additional 26,302
ten per cent of the amount of the fee for each month that it is 26,303
late.
(B) There are hereby levied fees at the rate of two 26,305
dollars per ton on hazardous waste that is treated at treatment 26,307
facilities that are not on-site or satellite facilities, as 26,308
defined in division (E) of section 3734.02 of the Revised Code, 26,309
to which the hazardous waste facility board has issued a 26,310
hazardous waste facility installation and operation permit or the 26,311
director has issued a renewal permit, or that are not subject to 26,313
the hazardous waste facility installation and operation permit 26,314
requirements under rules adopted by the director. 26,315
(C) Notwithstanding the fees specified in divisions (A) 26,317
and (B) of this section, the fees levied on hazardous waste 26,318
generated outside the boundaries of this state that is treated or 26,319
disposed of at a facility within this state shall be an amount 26,320
equal to the fee applicable to the waste if it were treated or 26,321
disposed of in the state where it was generated. 26,322
(D) There are hereby levied additional fees on the 26,324
treatment and disposal of hazardous waste at the rate of ten per 26,325
cent of the applicable fee FEES prescribed in division (A), OR 26,327
(B), or (C) of this section for the purposes of paying the costs 26,328
of municipal corporations and counties for conducting reviews of 26,329
applications for hazardous waste facility installation and 26,330
operation permits for proposed new or modified hazardous waste 26,331
landfills within their boundaries, emergency response actions 26,332
with respect to releases of hazardous waste from hazardous waste 26,333
facilities within their boundaries, monitoring the operation of 26,334
589
such hazardous waste facilities, and local waste management 26,335
planning programs. The owner or operator of a facility located 26,336
within a municipal corporation, as a trustee for the municipal 26,337
corporation, shall collect the fees levied by this division and 26,338
forward them to the treasurer of the municipal corporation or 26,339
such officer as, by virtue of the charter, has the duties of the 26,340
treasurer in accordance with rules adopted under this section. 26,342
The owner or operator of a facility located in an unincorporated 26,343
area, as a trustee of the county in which the facility is 26,344
located, shall collect the fees levied by this division and 26,345
forward them to the county treasurer of that county in accordance 26,346
with rules adopted under this section. The owner or operator 26,347
shall pay the fees levied by this division to the treasurer or 26,348
such other officer of the municipal corporation or to the county 26,349
treasurer each year upon the anniversary of the date OF ISSUANCE 26,350
OF the owner's or operator's installation and operation permit 26,352
was DURING THE TERM OF THAT PERMIT AND ANY RENEWAL PERMIT issued 26,353
under division (H) of section 3734.05 of the Revised Code. If 26,354
payment is late, the owner or operator shall pay an additional
ten per cent of the amount of the fee for each month that the 26,355
payment is late.
Moneys received by a municipal corporation under this 26,357
division shall be paid into a special fund of the municipal 26,358
corporation and used exclusively for the purposes of conducting 26,359
reviews of applications for hazardous waste facility installation 26,360
and operation permits for new or modified hazardous waste 26,361
landfills located or proposed within the municipal corporation, 26,362
conducting emergency response actions with respect to releases of 26,363
hazardous waste from facilities located within the municipal 26,364
corporation, monitoring operation of such hazardous waste 26,365
facilities, and conducting waste management planning programs 26,366
within the municipal corporation through employees of the 26,367
municipal corporation or pursuant to contracts entered into with 26,368
persons or political subdivisions. Moneys received by a board of 26,369
590
county commissioners under this division shall be paid into a 26,370
special fund of the county and used exclusively for those 26,371
purposes within the unincorporated area of the county through 26,372
employees of the county or pursuant to contracts entered into 26,373
with persons or political subdivisions. 26,374
(E)(D) As used in this section, "treatment" or "treated" 26,376
does not include any method, technique, or process designed to 26,377
recover energy or material resources from the waste or to render 26,378
the waste amenable for recovery. The fees levied by divisions 26,379
DIVISION (B) and (C) of this section do not apply to hazardous 26,381
waste that is treated and disposed of on the same premises or by 26,382
the same person. 26,383
(F)(E) The director, by rules adopted in accordance with 26,385
Chapters 119. and 3745. of the Revised Code, shall prescribe any 26,386
dates not specified in this section and procedures for collecting 26,387
and forwarding the fees prescribed by this section and may 26,388
prescribe other requirements that are necessary to carry out this 26,389
section. 26,390
The director shall deposit the moneys collected under 26,392
divisions (A), AND (B), and (C) of this section into one or more 26,394
minority banks, as "minority bank" is defined in division (F)(1) 26,396
of section 135.04 of the Revised Code, to the credit of the 26,397
hazardous waste facility management fund, which is hereby created 26,398
in the state treasury, except that the director shall deposit to 26,399
the credit of the underground injection control fund created in 26,400
section 6111.046 of the Revised Code moneys in excess of fifty 26,401
thousand dollars that are collected during a fiscal year under 26,402
division (A)(2) of this section from the fee levied on the 26,403
disposal of hazardous waste by deep well injection at an on-site 26,404
disposal facility that disposes of more than one hundred thousand 26,405
tons of hazardous waste in a year. 26,406
The environmental protection agency and the hazardous waste 26,408
facility board may use moneys in the hazardous waste facility 26,409
management fund for administration of the hazardous waste program 26,410
591
established under this chapter and, in accordance with this 26,411
section, may request approval by the controlling board for such 26,412
THAT use on an annual basis. In addition, the agency may use and 26,414
pledge moneys in that fund for repayment of and for interest on 26,415
any loans made by the Ohio water development authority to the 26,416
agency for the hazardous waste program established under this 26,417
chapter without the necessity of requesting approval by the 26,418
controlling board, which use and pledge shall have priority over 26,419
any other use of the moneys in the fund. 26,420
During the period ending two years after the effective date 26,422
of this amendment UNTIL SEPTEMBER 28, 1996, the director also may 26,424
use moneys in the fund to pay the start-up costs of administering 26,425
Chapter 3746. of the Revised Code. Not later than three THIRTEEN 26,426
years after so using any such moneys, ENDING ON JUNE 30, 2008, 26,427
the director shall reimburse the fund in the amount of moneys so 26,428
used with moneys from the voluntary action program administration 26,429
fund created in section 3746.16 of the Revised Code. BEGINNING 26,430
IN FISCAL YEAR 1999, THE AMOUNT THAT IS REIMBURSED IN EACH FISCAL 26,431
YEAR SHALL NOT EXCEED TWO HUNDRED EIGHTY THOUSAND THREE HUNDRED
TWENTY-EIGHT DOLLARS. 26,432
If moneys in the hazardous waste facility management fund 26,434
that the agency uses in accordance with this chapter are 26,435
reimbursed by grants or other moneys from the United States 26,436
government, the grants or other moneys shall be placed in the 26,437
fund. If moneys in the fund that the agency uses to pay the 26,438
state's long-term operation and maintenance costs or matching 26,439
share for actions taken under the "Comprehensive Environmental 26,440
Response, Compensation, and Liability Act of 1980," 94 Stat. 26,441
2767, 42 U.S.C.A. 9601, as amended, are reimbursed by grants or 26,442
other moneys from any person, the reimbursed moneys shall be 26,443
placed in the fund for reuse as the state's long term operation 26,444
and maintenance costs or matching share for such actions and not 26,445
in the general revenue fund or the hazardous waste clean-up fund 26,446
created in section 3734.28 of the Revised Code. 26,447
592
Before the agency makes any expenditure from the hazardous 26,449
waste facility management fund other than for repayment of and 26,450
interest on any loan made by the Ohio water development authority 26,451
to the agency in accordance with this section, the controlling 26,452
board shall approve the expenditure. 26,453
Sec. 3734.57. (A) For the purposes of paying the state's 26,462
long-term operation costs or matching share for actions taken 26,463
under the "Comprehensive Environmental Response, Compensation, 26,464
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 26,465
amended; paying the costs of measures for proper clean-up of 26,466
sites where polychlorinated biphenyls and substances, equipment, 26,467
and devices containing or contaminated with polychlorinated 26,468
biphenyls have been stored or disposed of; paying the costs of 26,469
conducting surveys or investigations of solid waste facilities or 26,470
other locations where it is believed that significant quantities 26,471
of hazardous waste were disposed of and for conducting 26,472
enforcement actions arising from the findings of such surveys or 26,473
investigations; and paying the costs of acquiring and cleaning 26,474
up, or providing financial assistance for cleaning up, any 26,475
hazardous waste facility or solid waste facility containing 26,476
significant quantities of hazardous waste, that constitutes an 26,477
imminent and substantial threat to public health or safety or the 26,478
environment; and, from July 1, 1995, through June 30, 1997, for 26,480
the purposes of paying the costs of administering and enforcing 26,481
the laws pertaining to solid wastes, infectious wastes, and 26,482
construction and demolition debris, including, without
limitation, ground water evaluations related to solid wastes, 26,483
infectious wastes, and construction and demolition debris, under 26,484
this chapter and Chapter 3714. of the Revised Code and any rules 26,485
adopted under them, and paying a share of the administrative 26,486
costs of the environmental protection agency pursuant to section 26,487
3745.014 of the Revised Code, the following fees are hereby 26,488
levied on the disposal of solid wastes in this state: 26,489
(1) One dollar per ton on and after July 1, 1993; 26,491
593
(2) An additional seventy-five cents per ton on and after 26,494
July 1, 1995 1997, through June 30, 1997 1999. 26,495
The owner or operator of a solid waste disposal facility 26,497
shall collect the fees levied under this division as a trustee 26,498
for the state and shall prepare and file with the director of 26,499
environmental protection monthly returns indicating the total 26,500
tonnage of solid wastes received for disposal at the gate of the 26,501
facility and the total amount of the fees collected under this 26,502
division. Not later than thirty days after the last day of the 26,503
month to which such a return applies, the owner or operator shall 26,504
mail to the director the return for that month together with the 26,505
fees collected during that month as indicated on the return. The 26,506
owner or operator may request an extension of not more than 26,507
thirty days for filing the return and remitting the fees, 26,508
provided that the owner or operator has submitted such a request 26,510
in writing to the director together with a detailed description 26,511
of why the extension is requested, the director has received the 26,512
request not later than the day on which the return is required to 26,513
be filed, and the director has approved the request. If the fees 26,514
are not remitted within sixty days after the last day of the 26,515
month during which they were collected, the owner or operator 26,516
shall pay an additional fifty per cent of the amount of the fees 26,517
for each month that they are late. 26,518
One-half of the moneys remitted to the director under 26,520
division (A)(1) of this section shall be credited to the 26,521
hazardous waste facility management fund created in section 26,522
3734.18 of the Revised Code, and one-half shall be credited to 26,523
the hazardous waste clean-up fund created in section 3734.28 of 26,524
the Revised Code. The moneys remitted to the director under 26,525
division (A)(2) of this section shall be credited to the solid 26,526
waste fund, which is hereby created in the state treasury. The 26,527
environmental protection agency shall use moneys in the solid 26,528
waste fund only to pay the costs of administering and enforcing 26,529
the laws pertaining to solid wastes, infectious wastes, and 26,530
594
construction and demolition debris, including, without 26,531
limitation, ground water evaluations related to solid wastes, 26,532
infectious wastes, and construction and demolition debris, under 26,533
this chapter and Chapter 3714. of the Revised Code and rules 26,534
adopted under them and to pay a share of the administrative costs 26,536
of the environmental protection agency pursuant to section 26,537
3745.014 of the Revised Code. 26,538
The fees levied under this division and divisions (B) and 26,540
(C) of this section are in addition to all other applicable fees 26,541
and taxes and shall be added to any other fee or amount specified 26,542
in a contract that is charged by the owner or operator of a solid 26,543
waste disposal facility or to any other fee or amount that is 26,544
specified in a contract entered into on or after March 4, 1992, 26,545
and that is charged by a transporter of solid wastes. 26,546
(B) For the purpose of preparing, revising, and 26,548
implementing the solid waste management plan of the county or 26,549
joint solid waste management district, including, without 26,550
limitation, the development and implementation of solid waste 26,551
recycling or reduction programs; providing financial assistance 26,552
to boards of health within the district, if solid waste 26,553
facilities are located within the district, for the enforcement 26,554
of this chapter and rules adopted and orders and terms and 26,556
conditions of permits, licenses, and variances issued under it, 26,557
other than the hazardous waste provisions of this chapter and 26,558
rules adopted and orders and terms and conditions of permits 26,559
issued under those provisions; providing financial assistance to 26,561
the county to defray the added costs of maintaining roads and 26,562
other public facilities and of providing emergency and other 26,563
public services resulting from the location and operation of a 26,564
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 26,565
by boards of health for collecting and analyzing water samples 26,566
from public or private wells on lands adjacent to solid waste 26,567
facilities that are contained in the approved or amended plan of 26,568
595
the district; paying the costs of developing and implementing a 26,569
program for the inspection of solid wastes generated outside the 26,570
boundaries of this state that are disposed of at solid waste 26,571
facilities included in the district's approved solid waste 26,572
management plan or amended plan; providing financial assistance 26,573
to boards of health within the district for enforcing laws 26,574
prohibiting open dumping; providing financial assistance to local 26,575
law enforcement agencies within the district for enforcing laws 26,576
and ordinances prohibiting littering; providing financial 26,577
assistance to boards of health of health districts within the 26,578
district that are on the approved list under section 3734.08 of 26,579
the Revised Code for the training and certification required for 26,580
their employees responsible for solid waste enforcement by rules 26,581
adopted under division (L) of section 3734.02 of the Revised 26,582
Code; providing financial assistance to individual municipal 26,583
corporations and townships within the district to defray their 26,584
added costs of maintaining roads and other public facilities and 26,585
of providing emergency and other public services resulting from 26,586
the location and operation within their boundaries of a 26,587
composting, energy or resource recovery, incineration, or 26,588
recycling facility that either is owned by the district or is 26,589
furnishing solid waste management facility or recycling services 26,590
to the district pursuant to a contract or agreement with the 26,591
board of county commissioners or directors of the district; and 26,592
payment of any expenses that are agreed to, awarded, or ordered 26,593
to be paid under section 3734.35 of the Revised Code and of any 26,594
administrative costs incurred pursuant to that section, the solid 26,595
waste management policy committee of a county or joint solid 26,596
waste management district may levy fees upon the following
activities: 26,597
(1) The disposal at a solid waste disposal facility 26,599
located in the district of solid wastes generated within the 26,600
district; 26,601
(2) The disposal at a solid waste disposal facility within 26,603
596
the district of solid wastes generated outside the boundaries of 26,604
the district, but inside this state; 26,605
(3) The disposal at a solid waste disposal facility within 26,607
the district of solid wastes generated outside the boundaries of 26,608
this state. 26,609
If any such fees are levied prior to January 1, 1994, fees 26,611
levied under division (B)(1) of this section always shall be 26,612
equal to one-half of the fees levied under division (B)(2) of 26,613
this section, and fees levied under division (B)(3) of this 26,614
section, which shall be in addition to fees levied under division 26,615
(B)(2) of this section, always shall be equal to fees levied 26,616
under division (B)(1) of this section, except as otherwise 26,617
provided in this division. The solid waste management plan of 26,618
the county or joint district approved under section 3734.521 or 26,619
3734.55 of the Revised Code and any amendments to it, or the 26,620
resolution adopted under this division, as appropriate, shall 26,621
establish the rates of the fees levied under divisions (B)(1), 26,622
(2), and (3) of this section, if any, and shall specify whether 26,623
the fees are levied on the basis of tons or cubic yards as the 26,624
unit of measurement. Although the fees under divisions (A)(1) 26,625
and (2) of this section are levied on the basis of tons as the 26,626
unit of measurement, the solid waste management plan of the 26,627
district and any amendments to it or the solid waste management 26,628
policy committee in its resolution levying fees under this 26,629
division may direct that the fees levied under those divisions be 26,630
levied on the basis of cubic yards as the unit of measurement 26,631
based upon a conversion factor of three cubic yards per ton 26,632
generally or one cubic yard per ton for baled wastes if the fees 26,633
under divisions (B)(1) to (3) of this section are being levied on 26,634
the basis of cubic yards as the unit of measurement under the 26,635
plan, amended plan, or resolution. 26,636
On and after January 1, 1994, the fee levied under division 26,638
(B)(1) of this section shall be not less than one dollar per ton 26,639
nor more than two dollars per ton, the fee levied under division 26,640
597
(B)(2) of this section shall be not less than two dollars per ton 26,641
nor more than four dollars per ton, and the fee levied under 26,642
division (B)(3) of this section shall be not more than the fee 26,643
levied under division (B)(1) of this section, except as otherwise 26,644
provided in this division and notwithstanding any schedule of 26,645
those fees established in the solid waste management plan of a 26,646
county or joint district approved under section 3734.55 of the 26,647
Revised Code or a resolution adopted and ratified under this 26,648
division that is in effect on that date. If the fee that a 26,649
district is levying under division (B)(1) of this section on that 26,650
date under its approved plan or such a resolution is less than 26,651
one dollar per ton, the fee shall be one dollar per ton on and 26,652
after January 1, 1994, and if the fee that a district is so 26,653
levying under that division exceeds two dollars per ton, the fee 26,654
shall be two dollars per ton on and after that date. If the fee 26,655
that a district is so levying under division (B)(2) of this 26,656
section is less than two dollars per ton, the fee shall be two 26,657
dollars per ton on and after that date, and if the fee that the 26,658
district is so levying under that division exceeds four dollars 26,659
per ton, the fee shall be four dollars per ton on and after that 26,660
date. On that date, the fee levied by a district under division 26,661
(B)(3) of this section shall be equal to the fee levied under 26,662
division (B)(1) of this section. Except as otherwise provided in 26,663
this division, the fees established by the operation of this 26,664
amendment shall remain in effect until the district's resolution 26,665
levying fees under this division is amended or repealed in 26,666
accordance with this division to amend or abolish the schedule of 26,667
fees, the schedule of fees is amended or abolished in an amended 26,668
plan of the district approved under section 3734.521 or division 26,669
(A) or (D) of section 3734.56 of the Revised Code, or the 26,670
schedule of fees is amended or abolished through an amendment to 26,671
the district's plan under division (E) of section 3734.56 of the 26,672
Revised Code; the notification of the amendment or abolishment of 26,673
the fees has been given in accordance with this division; and 26,674
598
collection of the amended fees so established commences, or 26,675
collection of the fees ceases, in accordance with this division. 26,676
The solid waste management policy committee of a district 26,678
levying fees under divisions (B)(1) to (3) of this section on 26,680
October 29, 1993, under its solid waste management plan approved 26,681
under section 3734.55 of the Revised Code or a resolution adopted 26,683
and ratified under this division that are within the ranges of 26,684
rates prescribed by this amendment, by adoption of a resolution 26,685
not later than December 1, 1993, and without the necessity for 26,686
ratification of the resolution under this division, may amend 26,687
those fees within the prescribed ranges, provided that the 26,688
estimated revenues from the amended fees will not substantially 26,689
exceed the estimated revenues set forth in the district's budget 26,690
for calendar year 1994. Not later than seven days after the 26,691
adoption of such a resolution, the committee shall notify by 26,692
certified mail the owner or operator of each solid waste disposal 26,693
facility that is required to collect the fees of the adoption of 26,694
the resolution and of the amount of the amended fees. Collection 26,695
of the amended fees shall take effect on the first day of the 26,696
first month following the month in which the notification is sent 26,697
to the owner or operator. The fees established in such a 26,698
resolution shall remain in effect until the district's resolution 26,699
levying fees that was adopted and ratified under this division is 26,700
amended or repealed, and the amendment or repeal of the 26,701
resolution is ratified, in accordance with this division, to 26,702
amend or abolish the fees, the schedule of fees is amended or 26,703
abolished in an amended plan of the district approved under 26,704
section 3734.521 or division (A) or (D) of section 3734.56 of the 26,705
Revised Code, or the schedule of fees is amended or abolished 26,706
through an amendment to the district's plan under division (E) of 26,707
section 3734.56 of the Revised Code; the notification of the 26,708
amendment or abolishment of the fees has been given in accordance 26,709
with this division; and collection of the amended fees so 26,710
established commences, or collection of the fees ceases, in 26,711
599
accordance with this division.
Prior to the approval of the solid waste management plan of 26,713
the district under section 3734.55 of the Revised Code, the solid 26,714
waste management policy committee of a district may levy fees 26,715
under this division by adopting a resolution establishing the 26,716
proposed amount of the fees. Upon adopting the resolution, the 26,717
committee shall deliver a copy of the resolution to the board of 26,718
county commissioners of each county forming the district and to 26,719
the legislative authority of each municipal corporation and 26,720
township under the jurisdiction of the district and shall prepare 26,721
and publish the resolution and a notice of the time and location 26,722
where a public hearing on the fees will be held. Upon adopting 26,723
the resolution, the committee shall deliver written notice of the 26,724
adoption of the resolution; of the amount of the proposed fees; 26,725
and of the date, time, and location of the public hearing to the 26,726
director and to the fifty industrial, commercial, or 26,727
institutional generators of solid wastes within the district that 26,728
generate the largest quantities of solid wastes, as determined by 26,729
the committee, and to their local trade associations. The 26,730
committee shall make good faith efforts to identify those 26,731
generators within the district and their local trade 26,732
associations, but the nonprovision of notice under this division 26,733
to a particular generator or local trade association does not 26,734
invalidate the proceedings under this division. The publication 26,735
shall occur at least thirty days before the hearing. After the 26,736
hearing, the committee may make such revisions to the proposed 26,737
fees as it considers appropriate and thereafter, by resolution, 26,738
shall adopt the revised fee schedule. Upon adopting the revised 26,739
fee schedule, the committee shall deliver a copy of the 26,740
resolution doing so to the board of county commissioners of each 26,741
county forming the district and to the legislative authority of 26,742
each municipal corporation and township under the jurisdiction of 26,743
the district. Within sixty days after the delivery of a copy of 26,744
the resolution adopting the proposed revised fees by the policy 26,745
600
committee, each such board and legislative authority, by 26,746
ordinance or resolution, shall approve or disapprove the revised 26,747
fees and deliver a copy of the ordinance or resolution to the 26,748
committee. If any such board or legislative authority fails to 26,749
adopt and deliver to the policy committee an ordinance or 26,750
resolution approving or disapproving the revised fees within 26,751
sixty days after the policy committee delivered its resolution 26,752
adopting the proposed revised fees, it shall be conclusively 26,753
presumed that the board or legislative authority has approved the 26,754
proposed revised fees. 26,755
In the case of a county district or a joint district formed 26,757
by two or three counties, the committee shall declare the 26,758
proposed revised fees to be ratified as the fee schedule of the 26,759
district upon determining that the board of county commissioners 26,760
of each county forming the district has approved the proposed 26,761
revised fees and that the legislative authorities of a 26,762
combination of municipal corporations and townships with a 26,763
combined population within the district comprising at least sixty 26,764
per cent of the total population of the district have approved 26,765
the proposed revised fees, provided that in the case of a county 26,766
district, that combination shall include the municipal 26,767
corporation having the largest population within the boundaries 26,768
of the district, and provided further that in the case of a joint 26,769
district formed by two or three counties, that combination shall 26,770
include for each county forming the joint district the municipal 26,771
corporation having the largest population within the boundaries 26,772
of both the county in which the municipal corporation is located 26,773
and the joint district. In the case of a joint district formed 26,774
by four or more counties, the committee shall declare the 26,775
proposed revised fees to be ratified as the fee schedule of the 26,776
joint district upon determining that the boards of county 26,777
commissioners of a majority of the counties forming the district 26,778
have approved the proposed revised fees; that, in each of a 26,779
majority of the counties forming the joint district, the proposed 26,780
601
revised fees have been approved by the municipal corporation 26,781
having the largest population within the county and the joint 26,782
district; and that the legislative authorities of a combination 26,783
of municipal corporations and townships with a combined 26,784
population within the joint district comprising at least sixty 26,785
per cent of the total population of the joint district have 26,786
approved the proposed revised fees. 26,787
For the purposes of this division, only the population of 26,789
the unincorporated area of a township shall be considered. For 26,790
the purpose of determining the largest municipal corporation 26,791
within each county under this division, a municipal corporation 26,792
that is located in more than one solid waste management district, 26,793
but that is under the jurisdiction of one county or joint solid 26,794
waste management district in accordance with division (A) of 26,795
section 3734.52 of the Revised Code shall be considered to be 26,796
within the boundaries of the county in which a majority of the 26,797
population of the municipal corporation resides. 26,798
The committee may amend the schedule of fees levied 26,800
pursuant to a resolution or amended resolution adopted and 26,801
ratified under this division by adopting a resolution 26,802
establishing the proposed amount of the amended fees. The 26,803
committee may abolish the fees levied pursuant to such a 26,804
resolution or amended resolution by adopting a resolution 26,805
proposing to repeal them. Upon adopting such a resolution, the 26,806
committee shall proceed to obtain ratification of the resolution 26,807
in accordance with this division. 26,808
Not later than fourteen days after declaring the fees or 26,810
amended fees to be ratified under this division, the committee 26,811
shall notify by certified mail the owner or operator of each 26,812
solid waste disposal facility that is required to collect the 26,813
fees of the ratification and the amount of the fees. Collection 26,814
of any fees or amended fees ratified on or after March 24, 1992, 26,815
shall commence on the first day of the second month following the 26,816
month in which notification is sent to the owner or operator. 26,817
602
Not later than fourteen days after declaring the repeal of 26,819
the district's schedule of fees to be ratified under this 26,820
division, the committee shall notify by certified mail the owner 26,821
or operator of each facility that is collecting the fees of the 26,822
repeal. Collection of the fees shall cease on the first day of 26,823
the second month following the month in which notification is 26,824
sent to the owner or operator. 26,825
Not later than fourteen days after the director issues an 26,827
order approving a district's solid waste management plan under 26,828
section 3734.55 of the Revised Code or amended plan under 26,829
division (A) or (D) of section 3734.56 of the Revised Code that 26,830
establishes or amends a schedule of fees levied by the district, 26,831
or the ratification of an amendment to the district's approved 26,832
plan or amended plan under division (E) of section 3734.56 of the 26,833
Revised Code that establishes or amends a schedule of fees, as 26,834
appropriate, the committee shall notify by certified mail the 26,835
owner or operator of each solid waste disposal facility that is 26,836
required to collect the fees of the approval of the plan or 26,837
amended plan, or the amendment to the plan, as appropriate, and 26,838
the amount of the fees or amended fees. In the case of an 26,839
initial or amended plan approved under section 3734.521 of the 26,840
Revised Code in connection with a change in district composition, 26,841
other than one involving the withdrawal of a county from a joint 26,842
district, that establishes or amends a schedule of fees levied 26,843
under divisions (B)(1) to (3) of this section by a district 26,844
resulting from the change, the committee, within fourteen days 26,845
after the change takes effect pursuant to division (G) of that 26,846
section, shall notify by certified mail the owner or operator of 26,847
each solid waste disposal facility that is required to collect 26,848
the fees that the change has taken effect and of the amount of 26,849
the fees or amended fees. Collection of any fees set forth in a 26,850
plan or amended plan approved by the director on or after April 26,851
16, 1993, or an amendment of a plan or amended plan under 26,852
division (E) of section 3734.56 of the Revised Code that is 26,853
603
ratified on or after April 16, 1993, shall commence on the first 26,854
day of the second month following the month in which notification 26,855
is sent to the owner or operator. 26,856
Not later than fourteen days after the director issues an 26,858
order approving a district's plan under section 3734.55 of the 26,859
Revised Code or amended plan under division (A) or (D) of section 26,860
3734.56 of the Revised Code that abolishes the schedule of fees 26,861
levied under divisions (B)(1) to (3) of this section, or an 26,862
amendment to the district's approved plan or amended plan 26,863
abolishing the schedule of fees is ratified pursuant to division 26,864
(E) of section 3734.56 of the Revised Code, as appropriate, the 26,865
committee shall notify by certified mail the owner or operator of 26,866
each facility that is collecting the fees of the approval of the 26,867
plan or amended plan, or the amendment of the plan or amended 26,868
plan, as appropriate, and the abolishment of the fees. In the 26,869
case of an initial or amended plan approved under section 26,870
3734.521 of the Revised Code in connection with a change in 26,871
district composition, other than one involving the withdrawal of 26,872
a county from a joint district, that abolishes the schedule of 26,873
fees levied under divisions (B)(1) to (3) of this section by a 26,874
district resulting from the change, the committee, within 26,875
fourteen days after the change takes effect pursuant to division 26,876
(G) of that section, shall notify by certified mail the owner or 26,877
operator of each solid waste disposal facility that is required 26,878
to collect the fees that the change has taken effect and of the 26,879
abolishment of the fees. Collection of the fees shall cease on 26,880
the first day of the second month following the month in which 26,881
notification is sent to the owner or operator. 26,882
Except as otherwise provided in this division, if the 26,884
schedule of fees that a district is levying under divisions 26,885
(B)(1) to (3) of this section pursuant to a resolution or amended 26,886
resolution adopted and ratified under this division, the solid 26,887
waste management plan of the district approved under section 26,888
3734.55 of the Revised Code, an amended plan approved under 26,889
604
division (A) or (D) of section 3734.56 of the Revised Code, or an 26,890
amendment to the district's approved plan or amended plan under 26,891
division (E) of section 3734.56 of the Revised Code, is amended 26,892
by the adoption and ratification of an amendment to the 26,893
resolution or amended resolution or an amendment of the 26,894
district's approved plan or amended plan, the fees in effect 26,895
immediately prior to the approval of the plan or the amendment of 26,896
the resolution, amended resolution, plan, or amended plan, as 26,897
appropriate, shall continue to be collected until collection of 26,898
the amended fees commences pursuant to this division. 26,899
If, in the case of a change in district composition 26,901
involving the withdrawal of a county from a joint district, the 26,902
director completes the actions required under division (G)(1) or 26,903
(3) of section 3734.521 of the Revised Code, as appropriate, 26,904
forty-five days or more before the beginning of a calendar year, 26,905
the policy committee of each of the districts resulting from the 26,906
change that obtained the director's approval of an initial or 26,907
amended plan in connection with the change, within fourteen days 26,908
after the director's completion of the required actions, shall 26,909
notify by certified mail the owner or operator of each solid 26,910
waste disposal facility that is required to collect the 26,911
district's fees that the change is to take effect on the first 26,912
day of January immediately following the issuance of the notice 26,913
and of the amount of the fees or amended fees levied under 26,914
divisions (B)(1) to (3) of this section pursuant to the 26,915
district's initial or amended plan as so approved or, if 26,916
appropriate, the abolishment of the district's fees by that 26,917
initial or amended plan. Collection of any fees set forth in 26,918
such a plan or amended plan shall commence on the first day of 26,919
January immediately following the issuance of the notice. If 26,920
such an initial or amended plan abolishes a schedule of fees, 26,921
collection of the fees shall cease on that first day of January. 26,922
If, in the case of a change in district composition 26,924
involving the withdrawal of a county from a joint district, the 26,925
605
director completes the actions required under division (G)(1) or 26,926
(3) of section 3734.521 of the Revised Code, as appropriate, less 26,927
than forty-five days before the beginning of a calendar year, the 26,928
director, on behalf of each of the districts resulting from the 26,929
change that obtained the director's approval of an initial or 26,930
amended plan in connection with the change proceedings, shall 26,931
notify by certified mail the owner or operator of each solid 26,932
waste disposal facility that is required to collect the 26,933
district's fees that the change is to take effect on the first 26,934
day of January immediately following the mailing of the notice 26,935
and of the amount of the fees or amended fees levied under 26,936
divisions (B)(1) to (3) of this section pursuant to the 26,937
district's initial or amended plan as so approved or, if 26,938
appropriate, the abolishment of the district's fees by that 26,939
initial or amended plan. Collection of any fees set forth in 26,940
such a plan or amended plan shall commence on the first day of 26,941
the second month following the month in which notification is 26,942
sent to the owner or operator. If such an initial or amended 26,943
plan abolishes a schedule of fees, collection of the fees shall 26,944
cease on the first day of the second month following the month in 26,945
which notification is sent to the owner or operator. 26,946
In the case of a change in district composition, the 26,948
schedule of fees that the former districts that existed prior to 26,949
the change were levying under divisions (B)(1) to (3) of this 26,950
section pursuant to a resolution or amended resolution adopted 26,951
and ratified under this division, the solid waste management plan 26,952
of a former district approved under section 3734.521 or 3734.55 26,953
of the Revised Code, an amended plan approved under section 26,954
3734.521 or division (A) or (D) of section 3734.56 of the Revised 26,955
Code, or an amendment to a former district's approved plan or 26,956
amended plan under division (E) of section 3734.56 of the Revised 26,957
Code, and that were in effect on the date that the director 26,958
completed the actions required under division (G)(1) or (3) of 26,959
section 3734.521 of the Revised Code shall continue to be 26,960
606
collected until the collection of the fees or amended fees of the 26,961
districts resulting from the change is required to commence, or 26,962
if an initial or amended plan of a resulting district abolishes a 26,963
schedule of fees, collection of the fees is required to cease, 26,964
under this division. Moneys so received from the collection of 26,965
the fees of the former districts shall be divided among the 26,966
resulting districts in accordance with division (B) of section 26,967
343.012 of the Revised Code and the agreements entered into under 26,968
division (B) of section 343.01 of the Revised Code to establish 26,969
the former and resulting districts and any amendments to those 26,970
agreements. 26,971
For the purposes of the provisions of division (B) of this 26,973
section establishing the times when newly established or amended 26,974
fees levied by a district are required to commence and the 26,975
collection of fees that have been amended or abolished is 26,976
required to cease, "fees" or "schedule of fees" includes, in 26,977
addition to fees levied under divisions (B)(1) to (3) of this 26,978
section, those levied under section 3734.573 or 3734.574 of the 26,979
Revised Code. 26,980
(C) For the purposes of defraying the added costs to a 26,982
municipal corporation or township of maintaining roads and other 26,983
public facilities and of providing emergency and other public 26,984
services, and compensating a municipal corporation or township 26,985
for reductions in real property tax revenues due to reductions in 26,986
real property valuations resulting from the location and 26,987
operation of a solid waste disposal facility within the municipal 26,988
corporation or township, a municipal corporation or township in 26,989
which such a solid waste disposal facility is located may levy a 26,990
fee of not more than twenty-five cents per ton on the disposal of 26,991
solid wastes at a solid waste disposal facility located within 26,992
the boundaries of the municipal corporation or township 26,993
regardless of where the wastes were generated. 26,994
The legislative authority of a municipal corporation or 26,996
township may levy fees under this division by enacting an 26,997
607
ordinance or adopting a resolution establishing the amount of the 26,998
fees. Upon so doing the legislative authority shall mail a 26,999
certified copy of the ordinance or resolution to the board of 27,000
county commissioners or directors of the county or joint solid 27,001
waste management district in which the municipal corporation or 27,002
township is located or, if a regional solid waste management 27,003
authority has been formed under section 343.011 of the Revised 27,004
Code, to the board of trustees of that regional authority, the 27,005
owner or operator of each solid waste disposal facility in the 27,006
municipal corporation or township that is required to collect the 27,007
fee by the ordinance or resolution, and the director of 27,008
environmental protection. Although the fees levied under this 27,009
division are levied on the basis of tons as the unit of 27,010
measurement, the legislative authority, in its ordinance or 27,011
resolution levying the fees under this division, may direct that 27,012
the fees be levied on the basis of cubic yards as the unit of 27,013
measurement based upon a conversion factor of three cubic yards 27,014
per ton generally or one cubic yard per ton for baled wastes. 27,015
Not later than five days after enacting an ordinance or 27,017
adopting a resolution under this division, the legislative 27,018
authority shall so notify by certified mail the owner or operator 27,019
of each solid waste disposal facility that is required to collect 27,020
the fee. Collection of any fee levied on or after March 24, 27,021
1992, shall commence on the first day of the second month 27,022
following the month in which notification is sent to the owner or 27,023
operator. 27,024
(D)(1) The fees levied under divisions (A), (B), and (C) 27,026
of this section do not apply to the disposal of solid wastes 27,028
that:
(a) Are disposed of at a facility owned by the generator 27,030
of the wastes when the solid waste facility exclusively disposes 27,031
of solid wastes generated at one or more premises owned by the 27,032
generator regardless of whether the facility is located on a 27,033
premises where the wastes are generated; 27,034
608
(b) Are disposed of at facilities that exclusively dispose 27,036
of wastes that are generated from the combustion of coal, or from 27,037
the combustion of primarily coal in combination with scrap tires, 27,038
that is not combined in any way with garbage at one or more 27,039
premises owned by the generator. 27,040
(2) Except as provided in section 3734.571 of the Revised 27,042
Code, any fees levied under division (B)(1) of this section apply 27,043
to solid wastes originating outside the boundaries of a county or 27,044
joint district that are covered by an agreement for the joint use 27,045
of solid waste facilities entered into under section 343.02 of 27,046
the Revised Code by the board of county commissioners or board of 27,047
directors of the county or joint district where the wastes are 27,048
generated and disposed of. 27,049
(3) When solid wastes, other than solid wastes that 27,051
consist of scrap tires, are burned in a disposal facility that is 27,052
an incinerator or energy recovery facility, the fees levied under 27,053
divisions (A), (B), and (C) of this section shall be levied upon 27,055
the disposal of the fly ash and bottom ash remaining after 27,056
burning of the solid wastes and shall be collected by the owner 27,057
or operator of the sanitary landfill where the ash is disposed 27,058
of.
(4) When solid wastes are delivered to a solid waste 27,060
transfer facility, the fees levied under divisions (A), (B), and 27,061
(C) of this section shall be levied upon the disposal of solid 27,063
wastes transported off the premises of the transfer facility for 27,064
disposal and shall be collected by the owner or operator of the 27,065
solid waste disposal facility where the wastes are disposed of. 27,066
(5) The fees levied under divisions (A), (B), and (C) of 27,068
this section do not apply to sewage sludge that is generated by a 27,069
waste water treatment facility holding a national pollutant 27,070
discharge elimination system permit and that is disposed of 27,071
through incineration, land application, or composting or at 27,072
another resource recovery or disposal facility that is not a 27,073
landfill. 27,074
609
(6) The fees levied under division (A), (B), and (C) of 27,076
this section do not apply to solid wastes delivered to a solid 27,077
waste composting facility for processing. When any unprocessed 27,078
solid waste or compost product is transported off the premises of 27,079
a composting facility and disposed of at a landfill, the fees 27,080
levied under divisions (A), (B), and (C) of this section shall be 27,081
collected by the owner or operator of the landfill where the 27,082
unprocessed waste or compost product is disposed of. 27,083
(7) When solid wastes that consist of scrap tires are 27,085
processed at a scrap tire recovery facility, the fees levied 27,086
under divisions (A), (B), and (C) of this section shall be levied 27,088
upon the disposal of the fly ash and bottom ash or other solid 27,089
wastes remaining after the processing of the scrap tires and 27,090
shall be collected by the owner or operator of the solid waste 27,091
disposal facility where the ash or other solid wastes are 27,092
disposed of.
(E) The fees levied under divisions (B) and (C) of this 27,095
section shall be collected by the owner or operator of the solid 27,096
waste disposal facility where the wastes are disposed of as a 27,097
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 27,098
from the fees levied under division (B) of this section shall be 27,100
forwarded to the board of county commissioners or board of 27,101
directors of the district in accordance with rules adopted under 27,102
division (H) of this section. Moneys from the fees levied under 27,103
division (C) of this section shall be forwarded to the treasurer 27,104
or such other officer of the municipal corporation as, by virtue 27,105
of the charter, has the duties of the treasurer or to the clerk 27,106
of the township, as appropriate, in accordance with those rules. 27,107
(F) Moneys received by the treasurer or such other officer 27,109
of the municipal corporation under division (E) of this section 27,110
shall be paid into the general fund of the municipal corporation. 27,111
Moneys received by the clerk of the township under that division 27,112
shall be paid into the general fund of the township. The 27,113
610
treasurer or such other officer of the municipal corporation or 27,114
the clerk, as appropriate, shall maintain separate records of the 27,115
moneys received from the fees levied under division (C) of this 27,116
section. 27,117
(G) Moneys received by the board of county commissioners 27,119
or board of directors under division (E) of this section or 27,120
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 27,121
Code shall be paid to the county treasurer, or other official 27,122
acting in a similar capacity under a county charter, in a county 27,123
district or to the county treasurer or other official designated 27,124
by the board of directors in a joint district and kept in a 27,125
separate and distinct fund to the credit of the district. If a 27,126
regional solid waste management authority has been formed under 27,127
section 343.011 of the Revised Code, moneys received by the board 27,128
of trustees of that regional authority under division (E) of this 27,129
section shall be kept by the board in a separate and distinct 27,130
fund to the credit of the district. Moneys in the special fund 27,131
of the county or joint district arising from the fees levied 27,132
under division (B) of this section and the fee levied under 27,134
division (A) of section 3734.573 of the Revised Code shall be 27,135
expended by the board of county commissioners or directors of the 27,136
district in accordance with the district's solid waste management 27,137
plan or amended plan approved under section 3734.521, 3734.55, or 27,138
3734.56 of the Revised Code exclusively for the following 27,139
purposes:
(1) Preparation of the solid waste management plan of the 27,141
district under section 3734.54 of the Revised Code, monitoring 27,142
implementation of the plan, and conducting the periodic review 27,143
and amendment of the plan required by section 3734.56 of the 27,144
Revised Code by the solid waste management policy committee; 27,145
(2) Implementation of the approved solid waste management 27,147
plan or amended plan of the district, including, without 27,148
limitation, the development and implementation of solid waste 27,149
recycling or reduction programs; 27,150
611
(3) Providing financial assistance to boards of health 27,152
within the district, if solid waste facilities are located within 27,153
the district, for enforcement of this chapter and rules, orders, 27,154
and terms and conditions of permits, licenses, and variances 27,156
adopted or issued under it, other than the hazardous waste 27,157
provisions of this chapter and rules adopted and orders and terms 27,158
and conditions of permits issued under those provisions; 27,160
(4) Providing financial assistance to each county within 27,162
the district to defray the added costs of maintaining roads and 27,163
other public facilities and of providing emergency and other 27,164
public services resulting from the location and operation of a 27,165
solid waste facility within the county under the district's 27,166
approved solid waste management plan or amended plan; 27,167
(5) Pursuant to contracts entered into with boards of 27,169
health within the district, if solid waste facilities contained 27,170
in the district's approved plan or amended plan are located 27,171
within the district, for paying the costs incurred by those 27,172
boards of health for collecting and analyzing samples from public 27,173
or private water wells on lands adjacent to those facilities; 27,174
(6) Developing and implementing a program for the 27,176
inspection of solid wastes generated outside the boundaries of 27,177
this state that are disposed of at solid waste facilities 27,178
included in the district's approved solid waste management plan 27,179
or amended plan; 27,180
(7) Providing financial assistance to boards of health 27,182
within the district for the enforcement of section 3734.03 of the 27,183
Revised Code or to local law enforcement agencies having 27,184
jurisdiction within the district for enforcing anti-littering 27,185
laws and ordinances; 27,186
(8) Providing financial assistance to boards of health of 27,188
health districts within the district that are on the approved 27,189
list under section 3734.08 of the Revised Code to defray the 27,190
costs to the health districts for the participation of their 27,191
employees responsible for enforcement of the solid waste 27,192
612
provisions of this chapter and rules adopted and orders and terms 27,193
and conditions of permits, licenses, and variances issued under 27,194
those provisions in the training and certification program as 27,195
required by rules adopted under division (L) of section 3734.02 27,196
of the Revised Code; 27,197
(9) Providing financial assistance to individual municipal 27,199
corporations and townships within the district to defray their 27,200
added costs of maintaining roads and other public facilities and 27,201
of providing emergency and other public services resulting from 27,202
the location and operation within their boundaries of a 27,203
composting, energy or resource recovery, incineration, or 27,204
recycling facility that either is owned by the district or is 27,205
furnishing solid waste management facility or recycling services 27,206
to the district pursuant to a contract or agreement with the 27,207
board of county commissioners or directors of the district; 27,208
(10) Payment of any expenses that are agreed to, awarded, 27,210
or ordered to be paid under section 3734.35 of the Revised Code 27,211
and of any administrative costs incurred pursuant to that 27,212
section. In the case of a joint solid waste management district, 27,213
if the board of county commissioners of one of the counties in 27,214
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 27,215
the approval of the board of directors of the district in order 27,216
to expend moneys for administrative costs incurred. 27,217
Prior to the approval of the district's solid waste 27,219
management plan under section 3734.55 of the Revised Code, moneys 27,220
in the special fund of the district arising from such fees shall 27,221
be expended for such purposes in the manner prescribed by the 27,222
solid waste management policy committee by resolution. 27,223
Notwithstanding division (G)(6) of this section as it 27,226
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 27,229
with division (B)(2)(e) of section 3734.53 of the Revised Code as 27,230
it existed prior to that date, any moneys arising from the fees 27,231
613
levied under division (B)(3) of this section prior to January 1, 27,232
1994, may be expended for any of the purposes authorized in 27,233
divisions (G)(1) to (10) of this section. 27,234
(H) The director of environmental protection shall adopt 27,236
rules in accordance with Chapter 119. of the Revised Code 27,237
prescribing procedures for collecting and forwarding the fees 27,238
levied under divisions (B) and (C) of this section to the boards 27,239
of county commissioners or directors of county or joint solid 27,240
waste management districts and to the treasurers or other 27,241
officers of municipal corporations or to the clerks of townships. 27,242
The rules also shall prescribe the dates for forwarding the fees 27,243
to the boards and officials and may prescribe any other 27,244
requirements the director considers necessary or appropriate to 27,245
implement and administer divisions (A), (B), and (C) of this 27,246
section. Collection of the fees levied under division (A)(1) of 27,247
this section shall commence on July 1, 1993. Collection of the 27,248
fees levied under division (A)(2) of this section shall commence 27,250
on January 1, 1994. 27,251
Sec. 3734.82. (A) The annual fee for a scrap tire 27,261
recovery facility license issued under section 3734.81 of the 27,262
Revised Code shall be in accordance with the following schedule: 27,263
Daily Design Input Annual License 27,265
Capacity (Tons) Fee 27,266
1 or less $ 100 27,267
2 to 25 500 27,268
26 to 50 1,000 27,269
51 to 100 1,500 27,270
101 to 200 2,500 27,271
201 to 500 3,500 27,272
501 or more 5,500 27,273
For the purpose of determining the applicable license fee 27,276
under this division, the daily design input capacity shall be the 27,277
quantity of scrap tires the facility is designed to process daily 27,278
as set forth in the registration certificate or permit for the 27,279
614
facility, and any modifications to the permit, if applicable, 27,280
issued under section 3734.78 of the Revised Code. 27,281
(B) The annual fee for a scrap tire monocell or monofill 27,283
facility license shall be in accordance with the following 27,284
schedule: 27,285
Authorized Maximum Annual License 27,287
Daily Waste Receipt Fee 27,288
(Tons) 27,289
100 or less $ 5,000 27,290
101 to 200 12,500 27,291
201 to 500 30,000 27,292
501 or more 60,000 27,293
For the purpose of determining the applicable license fee 27,296
under this division, the authorized maximum daily waste receipt 27,297
shall be the maximum amount of scrap tires the facility is 27,298
authorized to receive daily that is established in the permit for 27,299
the facility, and any modification to that permit, issued under 27,300
section 3734.77 of the Revised Code. 27,301
(C)(1) Except as otherwise provided in division (C)(2) of 27,303
this section, the annual fee for a scrap tire storage facility 27,304
license shall equal one thousand dollars times the number of 27,305
acres on which scrap tires are to be stored at the facility 27,306
during the license year, as set forth on the application for the 27,307
annual license, except that the total annual license fee for any 27,308
such facility shall not exceed three thousand dollars. 27,309
(2) The annual fee for a scrap tire storage facility 27,311
license for a storage facility that is owned or operated by a 27,312
motor vehicle salvage dealer licensed under Chapter 4738. of the 27,313
Revised Code is one hundred dollars. 27,314
(D)(1) Except as otherwise provided in division (D)(2) of 27,316
this section, the annual fee for a scrap tire collection facility 27,317
license is two hundred dollars. 27,318
(2) The annual fee for a scrap tire collection facility 27,320
license for a collection facility that is owned or operated by a 27,321
615
motor vehicle salvage dealer licensed under Chapter 4738. of the 27,322
Revised Code is fifty dollars. 27,323
(E) Except as otherwise provided in divisions (C)(2) and 27,325
(D)(2) of this section, the same fees apply to private operators 27,326
and to the state and its political subdivisions and shall be paid 27,327
within thirty days after the issuance of a license. The fees 27,328
include the cost of licensing, all inspections, and other costs 27,329
associated with the administration of the scrap tire provisions 27,330
of this chapter and rules adopted under them. Each license shall 27,331
specify that it is conditioned upon payment of the applicable fee 27,332
to the board of health or the director of environmental 27,333
protection, as appropriate, within thirty days after the issuance 27,335
of the license.
(F) The board of health shall retain fifteen thousand 27,337
dollars of each license fee collected by the board under division 27,338
(B) of this section, or the entire amount of any such fee that is 27,339
less than fifteen thousand dollars, and the entire amount of each 27,340
license fee collected by the board under divisions (A), (C), and 27,341
(D) of this section. The moneys retained shall be paid into a 27,342
special fund, which is hereby created in each health district, 27,343
and used solely to administer and enforce the scrap tire 27,344
provisions of this chapter and rules adopted under them. The 27,345
remainder, if any, of each license fee collected by the board 27,346
under division (B) of this section shall be transmitted to the 27,347
director within forty-five days after receipt of the fee. 27,349
(G) The director shall transmit the moneys received by him 27,351
THE DIRECTOR from license fees collected under division (B) of 27,352
this section to the treasurer of state to be credited to the 27,353
scrap tire management fund, which is hereby created in the state 27,354
treasury. The fund shall consist of all federal moneys received 27,355
by the environmental protection agency for the scrap tire 27,356
management program; all grants, gifts, and contributions made to 27,357
the director for that program; and all other moneys that may be 27,358
provided by law for that program. The director shall use moneys 27,359
616
in the fund as follows: 27,360
(1) Expend not more than sixty-eight thousand dollars 27,362
during fiscal year 1994, and not more than seven hundred fifty 27,363
thousand dollars during each fiscal year thereafter, to 27,364
implement, administer, and enforce the scrap tire provisions of 27,366
this chapter and rules adopted under them; 27,367
(2) Beginning six months after the effective date of this 27,369
section, and annually thereafter for five FOR FISCAL years 1998 27,371
AND 1999, grant not more than one hundred fifty thousand dollars 27,372
during each fiscal year to the polymer institute at the 27,373
university of Akron for the purpose of expediting research 27,374
concerning and evaluation of alternative methods of recycling 27,375
scrap tires. The institute shall report to the director annually 27,376
concerning research programs under review, and the results of 27,377
scrap tire recycling experiments conducted, by or in conjunction 27,378
with the institute. The university shall report to the director 27,379
biennially concerning the expenditures of moneys received by the 27,380
institute under this division (G)(2) OF THIS SECTION. 27,381
(3) Annually DURING EACH OF FISCAL YEARS 1998, 1999, AND 27,383
2000, request the office DIRECTOR of budget and management to, 27,386
and the office DIRECTOR OF BUDGET AND MANAGEMENT shall, transfer 27,387
ONE MILLION DOLLARS to the facilities establishment fund created 27,388
in section 166.03 of the Revised Code for the purposes specified 27,389
in that section the following amounts:
(a) During fiscal year 1994, one million dollars; 27,391
(b) During fiscal year 1995, one million six hundred 27,393
thousand dollars. If, during fiscal year 1995, more than three 27,395
million five hundred thousand dollars are credited to the scrap 27,396
tire management fund, any moneys in excess of that amount also 27,397
shall be so transferred to the facilities establishment fund.
(c) During fiscal year 1996, no moneys; 27,399
(d) During fiscal year 1997 and each subsequent fiscal 27,401
year, one million dollars. 27,402
(4) Expend no moneys during fiscal year 1994 to conduct 27,404
617
removal operations under section 3734.85 of the Revised Code. 27,405
During fiscal year 1995, the director shall expend not more than 27,406
one million dollars to conduct removal operations under that 27,408
section. During fiscal year 1996, the director shall expend not 27,409
more than two million six hundred thousand dollars to conduct
removal operations under that section, provided that if, during 27,410
fiscal year 1996, more than three million five hundred thousand 27,411
dollars are credited to the fund, the director shall expend 27,412
during fiscal year 1996 any moneys in excess of that amount to 27,413
conduct removal operations under that section. Except as 27,414
otherwise provided in division (H)(2) of this section, the 27,416
director shall expend not more than one THREE million six hundred 27,417
thousand dollars during EACH OF fiscal year 1997 and any 27,419
subsequent fiscal year YEARS 1998, 1999, AND 2000 to conduct 27,421
removal actions under that section 3734.85 OF THE REVISED CODE. 27,422
Prior to using any moneys in the fund for that purpose in a 27,423
fiscal year, the director shall request the approval of the 27,424
controlling board for that use of the moneys. The request shall 27,425
be accompanied by a plan describing the removal actions to be 27,426
conducted during the fiscal year and an estimate of the costs of 27,427
conducting them. The controlling board shall approve the plan 27,428
only if the board finds that the proposed removal actions are in 27,429
accordance with the priorities set forth in division (B) of 27,430
section 3734.85 of the Revised Code and that the costs of 27,431
conducting them are reasonable. 27,432
(5) ANNUALLY TRANSFER TO THE CENTRAL SUPPORT INDIRECT FUND 27,434
CREATED IN SECTION 3745.014 OF THE REVISED CODE AN AMOUNT EQUAL 27,435
TO NOT MORE THAN TWELVE PER CENT OF EACH FISCAL YEAR'S 27,436
APPROPRIATION TO THE SCRAP TIRE MANAGEMENT FUND.
(H)(1) If, during fiscal year 1997 or a subsequent fiscal 27,438
year 1998, 1999, OR 2000, more than three million five hundred 27,440
thousand dollars are credited to the scrap tire management fund, 27,441
the director, at the conclusion of the fiscal year, shall request 27,442
the office DIRECTOR of budget and management to, and the office 27,444
618
DIRECTOR OF BUDGET AND MANAGEMENT shall, transfer to the 27,446
facilities establishment fund one-half of the moneys credited to 27,447
the scrap tire management fund in excess of that amount. 27,448
(2) If, during fiscal year 1997, more than three million 27,450
five hundred thousand dollars are credited to the scrap tire 27,451
management fund, the director, in addition to the amount 27,452
authorized under division (G)(4) of this section, shall expend 27,453
one-half of the excess amount credited to the fund to conduct 27,454
removal operations under section 3734.85 of the Revised Code. 27,455
Thereafter IN EACH OF FISCAL YEARS 1998, 1999, AND 2000, if, 27,457
during the preceding fiscal year, more than three million five 27,458
hundred thousand dollars are credited to the SCRAP TIRE
MANAGEMENT fund DURING THE PRECEDING FISCAL YEAR, the director, 27,460
in addition to the amount authorized under division (G)(4) of 27,461
this section, shall expend during the current fiscal year 27,462
one-half of that excess amount to conduct removal operations
under that section 3734.85 OF THE REVISED CODE. 27,463
Sec. 3734.904. (A) By the twentieth day of each month, 27,472
each person required to pay the fee imposed by section 3734.901 27,473
of the Revised Code shall file with the treasurer of state a 27,474
return as prescribed by the tax commissioner and shall make 27,475
payment of the full amount of the fee due for the preceding month 27,476
after deduction of any discount provided for under division (E) 27,477
of this section. The return shall be signed by the person 27,478
required to file it, or an authorized employee, officer, or 27,479
agent. The treasurer shall mark on the return the date it was 27,480
received and indicate payment or nonpayment of the fee shown to 27,481
be due on the return. The treasurer immediately shall transmit 27,482
all returns to the tax commissioner. The return shall be deemed 27,483
filed when received by the treasurer of state. 27,484
(B) Any person required by this section to file a return 27,486
who fails to file such a return within the period prescribed 27,487
shall pay an additional charge of fifty dollars or ten per cent 27,488
of the fee required to be paid for the reporting period, 27,489
619
whichever is greater. The commissioner may collect the 27,490
additional charge by assessment pursuant to section 3734.907 of 27,491
the Revised Code. The commissioner may remit all or a portion of 27,492
the additional charge and may adopt rules relating thereto. 27,493
(C) If any fee due is not paid timely in accordance with 27,495
this section, the person liable for the fee shall pay interest, 27,496
calculated at the rate per annum as prescribed by section 5703.47 27,497
of the Revised Code, from the date the fee payment was due to the 27,498
date of payment. The OR TO THE DATE AN ASSESSMENT IS ISSUED, 27,499
WHICHEVER OCCURS FIRST. INTEREST SHALL BE PAID IN THE SAME 27,500
MANNER AS THE FEE, AND THE commissioner may collect the interest 27,501
by assessment pursuant to section 3734.907 of the Revised Code. 27,502
(D) If, in the estimation of the tax commissioner, the 27,504
average liability of the person liable for the fee is such as not 27,505
to merit monthly filing, the commissioner may authorize the 27,506
person to file and pay at less frequent intervals. Returns are 27,507
due by the twentieth day of the month following the close of the 27,508
applicable reporting period authorized under this division. 27,509
(E) If a return is filed and the amount of the fee shown 27,511
to be due on the return is paid on or before the date that the 27,512
return is required to be filed under division (A) of this section 27,513
or pursuant to division (D) of this section, whichever is 27,514
applicable, the person liable for the fee is entitled to a 27,515
discount of four per cent of the amount shown to be due on the 27,516
return. 27,517
Sec. 3734.907. (A) Any person required to pay the fee 27,526
imposed by section 3734.901 of the Revised Code is personally 27,527
liable for the fee. The tax commissioner may make an assessment, 27,528
based upon any information in the commissioner's possession, 27,529
against any person who fails to file a return or pay any fee, 27,530
interest, or additional charge as required by sections 3734.90 to 27,531
3734.9014 of the Revised Code. The commissioner shall give the 27,532
person assessed written notice of the assessment by personal 27,533
service or certified mail. Any fee assessed shall continue to 27,534
620
accrue interest as prescribed in division (C) of section 3734.904 27,535
of the Revised Code. 27,536
(B) When the information in the possession of the tax 27,538
commissioner indicates that a person liable for the fee imposed 27,539
by section 3734.901 of the Revised Code has not paid the full 27,540
amount of fee due, the commissioner may audit a representative 27,541
sample of the person's business and may issue an assessment based 27,542
on the audit. 27,543
(C) A penalty of fifteen per cent shall be added to all 27,545
amounts assessed under this section. The commissioner may adopt 27,546
rules providing for the remission of the penalties. 27,547
(D) Unless the person assessed files with the tax 27,549
commissioner within thirty days after service of the notice of 27,550
assessment, either personally or by certified mail, a petition 27,551
for reassessment in writing by the person assessed or his THE 27,552
PERSON'S authorized agent having knowledge of the facts, the 27,553
assessment becomes conclusive FINAL and the amount of the 27,554
assessment is due and payable from the person assessed to the 27,556
treasurer of state. A petition shall indicate the objections to 27,557
the assessment of the person assessed, but additional objections 27,558
may be raised in writing prior to the date shown on the final 27,559
determination of the tax commissioner. The commissioner shall 27,560
grant the petitioner a hearing on the petition, unless waived by 27,561
the petitioner.
The commissioner may make any correction to the assessment 27,563
that he THE COMMISSIONER finds proper and shall issue his A final 27,565
determination thereon. The commissioner shall serve a copy of
his THE final determination on the petitioner either by personal 27,566
service or by certified mail, and his THE COMMISSIONER'S decision 27,568
in the matter is final, subject to appeal under section 5717.02 27,569
of the Revised Code.
(E) After an assessment becomes final, if any portion of 27,571
the assessment, including accrued interest, remains unpaid, a 27,572
certified copy of the commissioner's entry making the assessment 27,573
621
final may be filed in the office of the clerk of the court of 27,574
common pleas in the county in which the person assessed resides 27,575
or in which his THE PERSON'S business is conducted. If the 27,576
person assessed maintains no place of business in this state and 27,578
is not a resident of this state, the certified copy of the entry 27,579
may be filed in the office of the clerk of the court of common 27,580
pleas of Franklin county. 27,581
The clerk, immediately upon the filing of the entry, shall 27,583
enter a judgment for the state against the person assessed in the 27,584
amount shown to be due. The judgment may be filed by the clerk 27,585
in a loose-leaf book entitled "special judgments for state tire 27,586
fee."," AND SHALL HAVE THE SAME EFFECT AS OTHER JUDGMENTS. 27,588
EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE REQUEST OF THE 27,589
TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES ON EXECUTION 27,590
SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 27,592
office, the unpaid 27,593
THE portion of the assessment NOT PAID WITHIN THIRTY DAYS 27,595
AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear interest at 27,597
the rate per annum prescribed by section 5703.47 of the Revised 27,598
Code and shall have the same effect as other judgments. Execution 27,599
shall issue upon the judgment upon request of the commissioner 27,600
and all laws applicable to sales on execution are applicable to 27,601
sales made under the judgment FROM THE DAY THE TAX COMMISSIONER 27,603
ISSUES THE ASSESSMENT UNTIL THE DAY THE ASSESSMENT IS PAID. 27,604
INTEREST SHALL BE PAID IN THE SAME MANNER AS THE FEE AND MAY BE
COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS SECTION. 27,606
(F) If the commissioner believes that collection of the 27,608
fee will be jeopardized unless proceedings to collect or secure 27,609
collection of the fee are instituted without delay, the 27,610
commissioner may issue a jeopardy assessment against the person 27,611
liable for the fee. Upon issuance of the jeopardy assessment, 27,612
the commissioner immediately shall file an entry with the clerk 27,613
of the court of common pleas in the manner prescribed by division 27,614
622
(E) of this section. Notice of the jeopardy assessment shall be 27,615
served on the person assessed or his THE PERSON'S legal 27,616
representative within five days of the filing of the entry with 27,617
the clerk. The total amount assessed is immediately due and 27,618
payable, unless the person assessed files a petition for 27,619
reassessment in accordance with division (D) of this section and 27,620
provides security in a form satisfactory to the commissioner and 27,621
in an amount sufficient to satisfy the unpaid balance of the 27,622
assessment. Full or partial payment of the assessment does not 27,623
prejudice the commissioner's consideration of the petition for 27,624
reassessment.
(G) All money collected by the commissioner under this 27,626
section shall be paid to the treasurer of state as revenue 27,627
arising from the fee imposed by section 3734.901 of the Revised 27,628
Code. 27,629
Sec. 3737.02. (A) The fire marshal may collect fees to 27,638
cover the costs of performing inspections and other duties that 27,639
he THE FIRE MARSHAL is authorized or required by law to perform. 27,640
Except as provided in division (B) of this section, all fees 27,642
collected by the fire marshal shall be deposited to the credit of 27,643
the fire marshal's fund. 27,644
(B) Fees collected under sections 3737.88 and 3737.881 of 27,646
the Revised Code for operation of the underground storage tank 27,647
and underground storage tank installer certification programs, 27,648
moneys recovered under section 3737.89 of the Revised Code for 27,649
the state's costs of undertaking corrective or enforcement 27,650
actions under that section or section 3737.882 of the Revised 27,651
Code, and fines and penalties collected under section 3737.882 of 27,652
the Revised Code shall be credited to the underground storage 27,653
tank administration fund, which is hereby created in the state 27,654
treasury. ALL INTEREST EARNED ON MONEYS CREDITED TO THE 27,655
UNDERGROUND STORAGE TANK ADMINISTRATION FUND SHALL BE CREDITED TO 27,656
THE FUND. Moneys credited to the underground storage tank 27,657
administration fund shall be used by the fire marshal for 27,658
623
implementation and enforcement of underground storage tank, 27,659
corrective action, and installer certification programs under 27,660
sections 3737.88 to 3737.89 of the Revised Code. 27,661
(C) The fire marshal shall take all actions necessary to 27,663
obtain any federal funding available to carry out his THE FIRE 27,664
MARSHAL'S responsibilities under sections 3737.88 to 3737.89 of 27,666
the Revised Code and federal laws regarding the cleaning up of 27,667
releases of petroleum, as "release" is defined in section 3737.87 27,668
of the Revised Code, including, without limitation, any federal 27,669
funds that are available to reimburse the state for the costs of 27,670
undertaking corrective actions for such releases of petroleum. 27,671
The state may, when appropriate, return to the United States any 27,672
federal funds recovered under sections 3737.882 and 3737.89 of 27,673
the Revised Code. 27,674
Sec. 3745.11. (A) Applicants for and holders of permits, 27,683
licenses, variances, plan approvals, and certifications issued by 27,684
the director of environmental protection pursuant to Chapters 27,685
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 27,686
fee to the environmental protection agency for each such issuance 27,687
and each application for an issuance as provided by this section. 27,688
No fee shall be charged for any issuance for which no application 27,689
has been submitted to the director. 27,690
(B) Prior to January 1, 1994, each person issued a permit 27,692
to operate, variance, or permit to install under section 3704.03 27,693
of the Revised Code shall pay the fees specified in the following 27,694
schedule: 27,695
(1) Fuel-Burning Equipment 27,697
Input capacity 27,699
(million British Permit Permit 27,700
thermal units to to 27,702
per hour) operate Variance install 27,705
0 or more, but 27,708
less than 10 $ 75 $225 $ 100
624
10 or more, but 27,709
less than 100 210 450 390
100 or more, but 27,710
less than 300 270 675 585
300 or more, but 27,711
less than 500 330 900 780
500 or more 500 975 1000 27,712
Any fuel-burning equipment using only natural gas, propane, 27,715
liquefied petroleum gas, or number two or lighter fuel oil shall 27,716
be assessed a fee one-half of that shown. 27,717
(2) Incinerators 27,719
Input capacity Permit Permit 27,722
(pounds per to to 27,724
hour) operate install 27,727
0 to 50 $ 50 $225 $ 65 27,730
51 to 500 210 450 390 27,731
501 to 2000 270 675 585 27,732
2001 to 30,000 330 900 780 27,733
more than 30,000 500 975 1000 27,734
(3) Process 27,737
Process weight Permit Permit 27,740
rate to to 27,741
(pounds per hour) operate Variance install 27,744
0 to 1000 $100 $225 $ 200 27,747
1001 to 5000 210 450 390 27,748
5001 to 10,000 270 675 585 27,749
10,001 to 50,000 330 900 780 27,750
more than 50,000 500 975 1000 27,751
In any process where process weight rate cannot be 27,754
ascertained, the minimum fee shall be assessed. 27,755
(4) Storage tanks 27,757
Gallons Permit to Permit to 27,760
(capacity) operate Variance install 27,762
less than 40,000 $150 $225 $ 195 27,765
625
40,000 or more, but 27,766
less than 100,000 210 450 390
100,000 or more, but 27,767
less than 400,000 270 675 585
400,000 or more, but 27,768
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 27,769
(5) Gasoline 27,772
Gasoline dispensing Permit to Permit to 27,775
facilities operate Variance install 27,777
For each gasoline 27,780
dispensing
facility $20 $100 $50
(6) Dry cleaning 27,783
Dry cleaning Permit to Permit to 27,786
facilities operate Variance install 27,788
For each dry 27,791
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 27,794
of the Revised Code shall be assessed a fee of two hundred fifty 27,795
dollars per mine or location. 27,796
(C)(1) Except as otherwise provided in division (C)(2) of 27,798
this section, beginning July 1, 1994, each person who owns or 27,799
operates an air contaminant source and who is required to apply 27,800
for and obtain a Title V permit under section 3704.036 of the 27,801
Revised Code shall pay the fees set forth in division (C)(1) of 27,802
this section. For the purposes of that division, total emissions 27,803
of air contaminants may be calculated using engineering 27,804
calculations, emissions factors, material balance calculations, 27,805
or performance testing procedures, as authorized by the director. 27,806
The following fees shall be assessed on the total actual 27,808
emissions from a source in tons per year of the regulated 27,809
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 27,810
626
organic compounds, and lead: 27,811
(a) Fifteen dollars per ton on the total actual emissions 27,813
of each such regulated pollutant during the period July through 27,814
December 1993, to be collected no sooner than July 1, 1994; 27,815
(b) Twenty dollars per ton on the total actual emissions 27,817
of each such regulated pollutant during calendar year 1994, to be 27,818
collected no sooner than April 15, 1995; 27,819
(c) Twenty-five dollars per ton on the total actual 27,821
emissions of each such regulated pollutant in calendar year 1995, 27,822
and each subsequent calendar year, to be collected no sooner than 27,823
the fifteenth day of April of the year next succeeding the 27,824
calendar year in which the emissions occurred. 27,825
The fees levied under division (C)(1) of this section do 27,827
not apply to that portion of the emissions of a regulated 27,828
pollutant at a facility that exceed four thousand tons during a 27,829
calendar year. 27,830
(2) The fees assessed under division (C)(1) of this 27,832
section are for the purpose of providing funding for the Title V 27,833
permit program. 27,834
(3) The fees assessed under division (C)(1) of this 27,836
section do not apply to emissions from any electric generating 27,837
unit designated as a Phase I unit under Title IV of the federal 27,838
Clean Air Act prior to calendar year 2000. Those fees shall be 27,839
assessed on the emissions from such a generating unit commencing 27,840
in calendar year 2001 based upon the total actual emissions from 27,841
the generating unit during calendar year 2000. 27,842
(4) The director shall issue invoices to owners or 27,844
operators of air contaminant sources who are required to pay a 27,845
fee assessed under division (C) or (D) of this section. Any such 27,846
invoice shall be issued no sooner than the applicable date when 27,847
the fee first may be collected in a year under the applicable 27,848
division, shall identify the nature and amount of the fee 27,849
assessed, and shall indicate that the fee is required to be paid 27,850
within thirty days after the issuance of the invoice. 27,851
627
(D) Beginning January 1, 1994, each person who owns or 27,853
operates an air contaminant source; who is required to apply for 27,854
a permit to operate pursuant to rules adopted under division (G), 27,855
or a variance pursuant to division (H), of section 3704.03 of the 27,856
Revised Code; and who is not required to apply for and obtain a 27,857
Title V permit under section 3704.036 of the Revised Code shall 27,858
pay a single fee based upon the sum of the actual annual 27,859
emissions from the facility of the regulated pollutants 27,860
particulate matter, sulfur dioxide, nitrogen oxides, organic 27,862
compounds, and lead in accordance with the following schedule: 27,863
Total tons per year 27,865
of regulated pollutants Annual fee per facility 27,867
emitted
More than 0, but less than 50 $ 75 27,870
50 or more, but less than 100 300 27,871
100 or more 700 27,872
The fees assessed under this division shall be collected 27,875
annually no sooner than the fifteenth day of April, commencing in 27,876
1995. The fee assessed under this division in a calendar year 27,877
shall be based upon the sum of the actual emissions of those 27,878
regulated pollutants during the preceding calendar year. For the 27,879
purpose of this division, emissions of air contaminants may be 27,880
calculated using engineering calculations, emission factors, 27,881
material balance calculations, or performance testing procedures, 27,882
as authorized by the director. The director, by rule, may 27,883
require persons who are required to pay the fees assessed under 27,884
this division to pay those fees biennially rather than annually. 27,885
(E)(1) Consistent with the need to cover the reasonable 27,887
costs of the Title V permit program, the director annually shall 27,888
increase the fees prescribed in division (C)(1) of this section 27,889
by the percentage, if any, by which the consumer price index for 27,890
the most recent calendar year ending before the beginning of a 27,891
year exceeds the consumer price index for calendar year 1989. 27,892
Upon calculating an increase in fees authorized by this division, 27,893
628
the director shall compile revised fee schedules for the purposes 27,894
of that division and shall make the revised schedules available 27,895
to persons required to pay the fees assessed under that division 27,896
and to the public. 27,897
(2) For the purposes of division (E)(1) of this section: 27,899
(a) The consumer price index for any year is the average 27,901
of the consumer price index for all urban consumers published by 27,902
the United States department of labor as of the close of the 27,903
twelve-month period ending on the thirty-first day of August of 27,904
that year; 27,905
(b) If the 1989 consumer price index is revised, the 27,907
director shall use the revision of the consumer price index that 27,908
is most consistent with that for calendar year 1989. 27,909
(F) Each person who is issued a permit to install pursuant 27,911
to rules adopted under division (F) of section 3704.03 of the 27,912
Revised Code on or after January 1, 1994, shall pay the fees 27,913
specified in the following schedules: 27,914
(1) Fuel-burning equipment (boilers) 27,916
Input capacity (maximum) 27,918
(million British thermal units per Permit to install 27,919
hour)
Greater than 0, but less than 10 $ 200 27,920
10 or more, but less than 100 400 27,921
100 or more, but less than 300 800 27,922
300 or more, but less than 500 1500 27,923
500 or more, but less than 1000 2500 27,924
1000 or more, but less than 5000 4000 27,925
5000 or more 6000 27,926
Units burning exclusively natural gas, number two fuel oil, 27,929
or both shall be assessed a fee that is one-half the applicable 27,930
amount shown in division (F)(1) of this section. 27,931
(2) Incinerators 27,933
Input capacity (pounds per hour) Permit to install 27,935
0 to 100 $ 100 27,936
629
101 to 500 400 27,937
501 to 2000 750 27,938
2001 to 20,000 1000 27,939
more than 20,000 2500 27,940
(3)(a) Process 27,943
Process weight rate (pounds per Permit to install 27,945
hour)
0 to 1000 $ 200 27,946
1001 to 5000 400 27,947
5001 to 10,000 600 27,948
10,001 to 50,000 800 27,949
more than 50,000 1000 27,950
In any process where process weight rate cannot be 27,953
ascertained, the minimum fee shall be assessed. 27,954
(b) Notwithstanding division (F)(3)(a) of this section, 27,956
any person issued a permit to install pursuant to rules adopted 27,957
under division (F) of section 3704.03 of the Revised Code shall 27,958
pay the fees set forth in division (F)(3)(c) of this section for 27,959
a process used in any of the following industries, as identified 27,960
by the applicable four-digit standard industrial classification 27,961
code according to the Standard Industrial Classification Manual 27,962
published by the United States office of management and budget in 27,963
the executive office of the president, 1972, as revised: 27,964
1211 Bituminous coal and lignite mining; 27,966
1213 Bituminous coal and lignite mining services; 27,968
1411 Dimension stone; 27,970
1422 Crushed and broken limestone; 27,972
1427 Crushed and broken stone, not elsewhere classified; 27,974
1442 Construction sand and gravel; 27,976
1446 Industrial sand; 27,978
3281 Cut stone and stone products; 27,980
3295 Minerals and earth, ground or otherwise treated. 27,982
(c) The fees set forth in the following schedule apply to 27,984
the issuance of a permit to install pursuant to rules adopted 27,985
630
under division (F) of section 3704.03 of the Revised Code for a 27,986
process identified in division (F)(3)(b) of this section: 27,987
Process weight rate Permit to install 27,989
(pounds per hour)
0 to 10,000 $200 27,990
10,001 to 50,000 300 27,991
50,001 to 100,000 400 27,992
100,001 to 200,000 500 27,993
200,001 to 400,000 600 27,994
400,001 or more 700 27,995
(4) Storage tanks 27,998
Gallons (maximum useful Permit to install 28,000
capacity)
0 to 20,000 $100 28,001
20,001 to 40,000 150 28,002
40,001 to 100,000 200 28,003
100,001 to 250,000 250 28,004
250,001 to 500,000 350 28,005
500,001 to 1,000,000 500 28,006
1,000,001 or greater 750 28,007
(5) Gasoline/fuel dispensing facilities 28,010
For each gasoline/fuel Permit to install 28,012
dispensing facility
(includes all units at $100 28,013
the facility)
(6) Dry cleaning facilities 28,016
For each dry cleaning Permit to install 28,018
facility
(includes all units at $100 28,019
the facility)
(7) Registration status 28,022
Permit to install 28,024
For each source covered 28,025
by registration status $75
631
(G) An owner or operator who is responsible for an 28,028
asbestos demolition or renovation project pursuant to rules 28,029
adopted under section 3704.03 of the Revised Code shall pay the 28,030
fees set forth in the following schedule: 28,031
Action Fee 28,033
Each notification $75 28,034
Asbestos removal $3/unit 28,035
Asbestos cleanup $4/cubic yard 28,036
For purposes of this division, a unit means any combination of 28,039
linear feet or square feet equal to fifty. 28,040
(H) A person who is issued an extension of time for a 28,042
permit to install an air contaminant source pursuant to rules 28,043
adopted under division (F) of section 3704.03 of the Revised Code 28,044
shall pay a fee equal to one-half the fee originally assessed for 28,045
the permit to install under this section, except that the fee for 28,046
such an extension shall not exceed two hundred dollars. 28,047
(I) A person who is issued a modification to a permit to 28,049
install an air contaminant source pursuant to rules adopted under 28,050
section 3704.03 of the Revised Code shall pay a fee equal to 28,051
one-half of the fee that would be assessed under this section to 28,052
obtain a permit to install the source. The fee assessed by this 28,053
division only applies to modifications that are initiated by the 28,054
owner or operator of the source and shall not exceed two thousand 28,055
dollars. 28,056
(J) Notwithstanding division (B) or (F) of this section, a 28,058
person who applies for or obtains a permit to install pursuant to 28,059
rules adopted under division (F) of section 3704.03 of the 28,060
Revised Code after the date actual construction of the source 28,061
began shall pay a fee for the permit to install that is equal to 28,062
twice the fee that otherwise would be assessed under the 28,063
applicable division unless the applicant received authorization 28,064
to begin construction under division (W) of section 3704.03 of 28,065
the Revised Code. This division only applies to sources for 28,066
which actual construction of the source begins on or after July 28,067
632
1, 1993. The imposition or payment of the fee established in 28,068
this division does not preclude the director from taking any 28,069
administrative or judicial enforcement action under this chapter, 28,070
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 28,071
rule adopted under any of them, in connection with a violation of 28,072
rules adopted under division (F) of section 3704.03 of the 28,073
Revised Code. 28,074
As used in this division, "actual construction of the 28,076
source" means the initiation of physical on-site construction 28,077
activities in connection with improvements to the source that are 28,078
permanent in nature, including, without limitation, the 28,079
installation of building supports and foundations and the laying 28,080
of underground pipework. 28,081
(K) Fifty cents per ton of each fee assessed under 28,083
division (C) of this section on actual emissions from a source 28,084
and received by the environmental protection agency pursuant to 28,085
that division shall be deposited into the state treasury to the 28,086
credit of the small business assistance fund created in section 28,087
3706.19 of the Revised Code. The remainder of the moneys 28,088
received by the division pursuant to that division and moneys 28,089
received by the agency pursuant to divisions (D), (F), (G), (H), 28,090
(I), and (J) of this section shall be deposited in the state 28,091
treasury to the credit of the clean air fund created in section 28,092
3704.035 of the Revised Code. 28,093
(L)(1)(a) Except as otherwise provided in division 28,095
(L)(1)(b) or (c) of this section, a person issued a water 28,096
discharge permit or renewal of a water discharge permit pursuant 28,097
to Chapter 6111. of the Revised Code shall pay a fee based on 28,098
each point source to which the issuance is applicable in 28,099
accordance with the following schedule: 28,100
Design flow discharge (gallons per day) Fee 28,102
0 to 1000 $ 0 28,105
1,001 to 5000 100 28,106
5,001 to 50,000 200 28,107
633
50,001 to 100,000 300 28,108
100,001 to 300,000 525 28,109
over 300,000 750 28,110
(b) Notwithstanding the fee schedule specified in division 28,113
(L)(1)(a) of this section, the fee for a water discharge permit 28,114
that is applicable to coal mining operations regulated under 28,115
Chapter 1513. of the Revised Code shall be two hundred fifty 28,116
dollars per mine. 28,117
(c) Notwithstanding the fee schedule specified in division 28,119
(L)(1)(a) of this section, the fee for a water discharge permit 28,120
for a public discharger identified by I in the third character of 28,121
the permittee's NPDES permit number shall not exceed seven 28,122
hundred fifty dollars. 28,123
(2) A person applying for a plan approval for a wastewater 28,125
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 28,126
of the Revised Code shall pay a fee of one hundred dollars plus 28,127
sixty-five one-hundredths of one per cent of the estimated 28,128
project cost through June 30, 1998 2000, and one hundred dollars 28,130
plus two-tenths of one per cent of the estimated project cost on 28,131
and after July 1, 1998 2000, except that the total fee shall not 28,132
exceed fifteen thousand dollars through June 30, 1998 2000, and 28,134
five thousand dollars on and after July 1, 1998 2000. The fee 28,135
shall be paid at the time the application is submitted. 28,136
(3) A person issued a modification of a water discharge 28,138
permit shall pay a fee equal to one-half the fee that otherwise 28,139
would be charged for a water discharge permit, except that the 28,140
fee for the modification shall not exceed four hundred dollars. 28,141
(4)(a)(i) Not later than January 30, 1996 1998, and 28,143
January 30, 1997 1999, a person holding an NPDES discharge permit 28,145
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 28,147
shall pay a nonrefundable annual discharge fee. Any person who 28,148
fails to pay the fee at that time shall pay an additional amount 28,149
that equals ten per cent of the required annual discharge fee. 28,150
634
The (ii) THE BILLING YEAR FOR THE ANNUAL DISCHARGE FEE 28,152
ESTABLISHED IN DIVISION (L)(4)(a)(i) OF THIS SECTION SHALL 28,154
CONSIST OF A TWELVE-MONTH PERIOD BEGINNING ON THE FIRST DAY OF 28,156
JANUARY OF THE YEAR PRECEDING THE DATE WHEN THE ANNUAL DISCHARGE 28,157
FEE IS DUE. IN THE CASE OF AN EXISTING SOURCE THAT PERMANENTLY 28,158
CEASES TO DISCHARGE DURING A BILLING YEAR, THE DIRECTOR SHALL 28,159
REDUCE THE ANNUAL DISCHARGE FEE, INCLUDING THE SURCHARGE 28,160
APPLICABLE TO CERTAIN INDUSTRIAL FACILITIES PURSUANT TO DIVISION 28,161
(L)(4)(c) OF THIS SECTION, BY ONE-TWELFTH FOR EACH FULL MONTH 28,162
DURING THE BILLING YEAR THAT THE SOURCE WAS NOT DISCHARGING, BUT 28,163
ONLY IF THE PERSON HOLDING THE NPDES DISCHARGE PERMIT FOR THE 28,164
SOURCE NOTIFIES THE DIRECTOR IN WRITING, NOT LATER THAN THE FIRST 28,166
DAY OF OCTOBER OF THE BILLING YEAR, OF THE CIRCUMSTANCES CAUSING 28,168
THE CESSATION OF DISCHARGE.
(iii) THE ANNUAL DISCHARGE FEE ESTABLISHED IN DIVISION 28,171
(L)(4)(a)(i) OF THIS SECTION, EXCEPT FOR THE SURCHARGE APPLICABLE 28,172
TO CERTAIN INDUSTRIAL FACILITIES PURSUANT TO DIVISION (L)(4)(c) 28,174
OF THIS SECTION, SHALL BE BASED UPON THE average daily discharge 28,176
flow in gallons per day shall be calculated using first day of 28,177
May through thirty-first day of October flow data for the period 28,178
two years prior to the date on which the fee is due. In the case 28,179
of NPDES discharge permits for new sources, the fee for the first 28,181
two years of operations shall be calculated using the average 28,182
daily design flow of the facility UNTIL ACTUAL AVERAGE DAILY 28,183
DISCHARGE FLOW VALUES ARE AVAILABLE FOR THE TIME PERIOD SPECIFIED 28,184
IN DIVISION (L)(4)(a)(iii) OF THIS SECTION. THE ANNUAL DISCHARGE 28,186
FEE MAY BE PRORATED FOR A NEW SOURCE AS DESCRIBED IN DIVISION 28,187
(L)(4)(a)(ii) OF THIS SECTION.
(b) An NPDES permit holder that is a public discharger 28,189
shall pay the fee specified in the following schedule: 28,190
Fee due by 28,192
Average daily January 30, 1996 1998, 28,193
discharge flow and January 30, 1997 1999 28,194
5,000 to 49,999 $ 180 28,197
635
50,000 to 100,000 450 28,198
100,001 to 250,000 900 28,199
250,001 to 1,000,000 2,250 28,200
1,000,001 to 5,000,000 4,500 28,201
5,000,001 to 10,000,000 9,000 28,202
10,000,001 to 20,000,000 13,500 28,203
20,000,001 to 50,000,000 22,500 28,204
50,000,001 to 100,000,000 36,000 28,205
100,000,001 or more 54,000 28,206
Public dischargers owning or operating TWO OR MORE publicly 28,209
owned treatment works SERVING THE SAME POLITICAL SUBDIVISION, as 28,210
"treatment works" is defined in section 6111.01 of the Revised 28,211
Code, AND that serve exclusively political subdivisions having a 28,213
population of fewer than one hundred thousand through the 28,214
operation of two or more publicly owned treatment works serving 28,216
the same political subdivision shall pay an annual discharge fee 28,217
under division (L)(4)(b) of this section that is based on the 28,219
combined average daily discharge flow of the treatment works
rather than on the average daily discharge flow of individual 28,220
facilities comprising the treatment works. 28,221
(c) An NPDES permit holder that is an industrial 28,223
discharger, OTHER THAN A COAL MINING OPERATOR IDENTIFIED BY P IN 28,225
THE THIRD CHARACTER OF THE PERMITTEE'S NPDES PERMIT NUMBER, shall 28,226
pay the fee specified in the following schedule:
Fee due by 28,228
Average daily January 30, 1996 1998, 28,229
discharge flow and January 30, 1997 1999 28,230
5,000 to 49,999 $ 180 28,233
50,000 to 250,000 900 28,234
250,001 to 1,000,000 2,250 28,235
1,000,001 to 5,000,000 4,500 28,236
5,000,001 to 10,000,000 6,750 28,237
10,000,001 to 20,000,000 9,000 28,238
20,000,001 to 100,000,000 10,800 28,239
636
100,000,001 to 250,000,000 12,600 28,240
250,000,001 or more 14,400 28,241
In addition to the fee specified in the above schedule, an 28,244
NPDES permit holder that is an industrial discharger classified 28,245
as a major discharger DURING ALL OR PART OF THE ANNUAL DISCHARGE 28,246
FEE BILLING YEAR SPECIFIED IN DIVISION (L)(4)(a)(ii) OF THIS 28,248
SECTION shall pay a nonrefundable annual surcharge of six
thousand seven hundred fifty dollars not later than January 30, 28,249
1996 1998, and not later than January 30, 1997 1999. Any person 28,251
who fails to pay the surcharge at that time shall pay an 28,252
additional amount that equals ten per cent of the amount of the 28,253
surcharge.
(d) Notwithstanding divisions (L)(4)(b) and (c) of this 28,255
section, a public discharger identified by I in the third 28,256
character of the permittee's NPDES permit number and an 28,257
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 28,258
the third character of the permittee's NPDES permit number shall 28,260
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1996 1998, and not later than 28,262
January 30, 1997 1999. Any person who fails to pay the fee at 28,263
that time shall pay an additional amount that equals ten per cent 28,264
of the required fee. 28,265
(5) The director shall transmit all moneys collected under 28,267
division (L) of this section to the treasurer of state for 28,268
deposit into the state treasury to the credit of the surface 28,269
water protection fund created in section 6111.038 of the Revised 28,270
Code. 28,271
(6) As used in division (L) of this section: 28,273
(a) "NPDES" means the federally approved national 28,275
pollutant discharge elimination system program for issuing, 28,276
modifying, revoking, reissuing, terminating, monitoring, and 28,277
enforcing permits and imposing and enforcing pretreatment 28,278
requirements under Chapter 6111. of the Revised Code and rules 28,279
adopted under it. 28,280
637
(b) "Public discharger" means any holder of an NPDES 28,282
permit identified by P in the second character of the NPDES 28,283
permit number assigned by the director. 28,284
(c) "Industrial discharger" means any holder of an NPDES 28,286
permit identified by I in the second character of the NPDES 28,287
permit number assigned by the director. 28,288
(d) "Major discharger" means any holder of an NPDES permit 28,290
classified as major by the regional administrator of the United 28,291
States environmental protection agency in conjunction with the 28,292
director. 28,293
(M) Through June 30, 1998 2000, a person applying for a 28,295
license or license renewal to operate a public water system under 28,297
section 6109.21 of the Revised Code shall pay the appropriate fee 28,298
established under this division at the time of application to the 28,299
director. Any person who fails to pay the fee at that time shall 28,300
pay an additional amount that equals ten per cent of the required 28,301
fee. The director shall transmit all moneys collected under this 28,302
division to the treasurer of state for deposit into the drinking 28,303
water protection fund created in section 6109.30 of the Revised 28,304
Code. 28,305
Fees required under this division shall be calculated and 28,307
paid in accordance with the following schedule: 28,308
(1) For the initial license required under division (A)(1) 28,310
of section 6109.21 of the Revised Code for any public water 28,311
system that is a community water system as defined in section 28,312
6109.01 of the Revised Code, and for each license renewal 28,313
required for such a system prior to January 31, 1998 2000, the 28,314
fee is: 28,315
Number of service connections Fee amount 28,317
Not more than 49 $ 56 28,320
50 to 99 88 28,321
Number of service connections Average cost per connection 28,324
100 to 2,499 $ .96 28,326
2,500 to 4,999 .92 28,327
638
5,000 to 7,499 .88 28,328
7,500 to 9,999 .84 28,329
10,000 to 14,999 .80 28,330
15,000 to 24,999 .76 28,331
25,000 to 49,999 .72 28,332
50,000 to 99,999 .68 28,333
100,000 to 149,999 .64 28,334
150,000 to 199,999 .60 28,335
200,000 or more .56 28,336
A public water system may determine how it will pay the 28,339
total amount of the fee calculated under division (M)(1) of this 28,340
section, including the assessment of additional user fees that 28,341
may be assessed on a volumetric basis. 28,342
As used in division (M)(1) of this section, "service 28,344
connection" means the number of active or inactive pipes, 28,345
goosenecks, pigtails, and any other fittings connecting a water 28,346
main to any building outlet. 28,347
(2) For the initial license required under division (A)(2) 28,349
of section 6109.21 of the Revised Code for any public water 28,350
system that is not a community water system and serves a 28,351
nontransient population, and for each license renewal required 28,352
for such a system prior to January 31, 1998 2000, the fee is: 28,353
Population served Fee amount 28,355
Fewer than 150 $ 56 28,358
150 to 299 88 28,359
300 to 749 192 28,360
750 to 1,499 392 28,361
1,500 to 2,999 792 28,362
3,000 to 7,499 1,760 28,363
7,500 to 14,999 3,800 28,364
15,000 to 22,499 6,240 28,365
22,500 to 29,999 8,576 28,366
30,000 or more 11,600 28,367
As used in division (M)(2) of this section, "population 28,370
639
served" means the total number of individuals receiving water 28,371
from the water supply during a twenty-four-hour period for at 28,372
least sixty days during any calendar year. In the absence of a 28,373
specific population count, that number shall be calculated at the 28,374
rate of three individuals per service connection. 28,375
(3) For the initial license required under division (A)(3) 28,377
of section 6109.21 of the Revised Code for any public water 28,378
system that is not a community water system and serves a 28,379
transient population, and for each license renewal required for 28,380
such a system prior to January 31, 1998 2000, the fee is: 28,381
Number of wells supplying system Fee amount 28,383
1 $ 56 28,386
2 56 28,387
3 88 28,388
4 192 28,389
5 392 28,390
System supplied by surface 28,393
springs or dug wells 792
As used in division (M)(3) of this section, "number of 28,396
wells supplying system" means those wells that are physically 28,397
connected to the plumbing system serving the public water system. 28,398
(N) A person applying for a plan approval for a public 28,400
water supply system under section 6109.07 of the Revised Code 28,401
shall pay a fee of one hundred dollars plus two-tenths of one per 28,402
cent of the estimated project cost, except that the total fee 28,403
shall not exceed fifteen thousand dollars through June 30, 1998 28,405
2000, and five thousand dollars on and after July 1, 1998 2000. 28,406
The fee shall be paid at the time the application is submitted. 28,407
Through June 30, 1998 2000, the following fee, on a per 28,409
survey basis, shall be charged any person for services rendered 28,410
by the state in the evaluation of laboratories and laboratory 28,411
personnel for compliance with accepted analytical techniques and 28,412
procedures established pursuant to Chapter 6109. of the Revised 28,413
Code for determining the qualitative characteristics of water: 28,414
640
microbiological $1,650 28,416
organic chemical 4,500 3,500 28,417
inorganic chemical 3,500 28,418
standard chemistry 1,800 28,419
limited chemistry 1,500 1,000 28,420
On and after July 1, 1998 2000, the following fee, on a per 28,423
survey basis, shall be charged any such person: 28,424
microbiological $250 28,426
chemical/radiological 250 28,427
nitrate/turbidity (only) 150 28,428
The fee for those services shall be paid at the time the request 28,431
for the survey is made. Through June 30, 1998 2000, an 28,432
individual laboratory shall not be assessed a fee under this 28,434
division more than once in any three-year period. 28,435
The director shall transmit all moneys collected under this 28,437
division to the treasurer of state for deposit into the drinking 28,438
water protection fund created in section 6109.30 of the Revised 28,439
Code. 28,440
(O) Any person applying to the director for examination 28,442
for certification as an operator of a water supply system or 28,443
wastewater system under Chapter 6109. or 6111. of the Revised 28,444
Code, at the time the application is submitted, shall pay an 28,445
application fee of twenty-five dollars through June 30, 1998 28,447
2000, and ten dollars on and after July 1, 1998 2000. Upon 28,448
approval from the director that the applicant is eligible to take 28,449
the examination therefor,: the applicant shall pay a fee in 28,451
accordance with the following schedule through June 30, 1998 28,452
2000:
Class I operator $45 28,454
Class II operator 55 28,455
Class III operator 65 28,456
Class IV operator 75 28,457
On and after July 1, 1998 2000, the applicant shall pay a 28,460
fee in accordance with the following schedule: 28,461
641
Class I operator $25 28,463
Class II operator 35 28,464
Class III operator 45 28,465
Class IV operator 55 28,466
The director shall transmit all moneys collected under this 28,469
division to the treasurer of state for deposit into the surface 28,470
water protection fund created in section 6111.038 of the Revised 28,471
Code. 28,472
(P) Through June 30, 1998 2000, any person submitting an 28,474
application for an industrial water pollution control certificate 28,475
under section 6111.31 of the Revised Code shall pay a 28,476
nonrefundable fee of five hundred dollars at the time the 28,477
application is submitted. The director shall transmit all moneys 28,478
collected under this division to the treasurer of state for 28,479
deposit into the surface water protection fund created in section 28,480
6111.038 of the Revised Code. A person paying a certificate fee 28,481
under this division shall not pay an application fee under 28,482
division (S)(1) of this section. 28,483
(Q) Except as otherwise provided in division (R) of this 28,485
section, a person issued a permit by the director for a new solid 28,486
waste disposal facility other than an incineration or composting 28,487
facility, a new infectious waste treatment facility other than an 28,488
incineration facility, or a modification of such an existing 28,489
facility that includes an increase in the total disposal or 28,490
treatment capacity of the facility pursuant to Chapter 3734. of 28,491
the Revised Code shall pay a fee of ten dollars per thousand 28,492
cubic yards of disposal or treatment capacity, or one thousand 28,493
dollars, whichever is greater, except that the total fee for any 28,494
such permit shall not exceed eighty thousand dollars. A person 28,495
issued a modification of a permit for a solid waste disposal 28,496
facility or an infectious waste treatment facility that does not 28,497
involve an increase in the total disposal or treatment capacity 28,498
of the facility shall pay a fee of one thousand dollars. A 28,499
person issued a permit to install a new, or modify an existing, 28,500
642
solid waste transfer facility under that chapter shall pay a fee 28,501
of two thousand five hundred dollars. A person issued a permit 28,502
to install a new or to modify an existing solid waste 28,503
incineration or composting facility, or an existing infectious 28,504
waste treatment facility using incineration as its principal 28,505
method of treatment, under that chapter shall pay a fee of one 28,506
thousand dollars. The increases in the permit fees under this 28,507
division resulting from the amendments made by Amended Substitute 28,508
House Bill 592 of the 117th general assembly do not apply to any 28,509
person who submitted an application for a permit to install a 28,510
new, or modify an existing, solid waste disposal facility under 28,511
that chapter prior to September 1, 1987; any such person shall 28,512
pay the permit fee established in this division as it existed 28,513
prior to June 24, 1988. In addition to the applicable permit fee 28,514
under this division, a person issued a permit to install or 28,515
modify a solid waste facility or an infectious waste treatment 28,516
facility under that chapter who fails to pay the permit fee to 28,517
the director in compliance with division (V) of this section 28,518
shall pay an additional ten per cent of the amount of the fee for 28,519
each week that the permit fee is late. 28,520
Permit and late payment fees paid to the director under 28,522
this division shall be credited to the general revenue fund. 28,523
(R)(1) A person issued a registration certificate for a 28,525
scrap tire collection facility under section 3734.75 of the 28,526
Revised Code shall pay a fee of two hundred dollars, except that 28,527
if the facility is owned or operated by a motor vehicle salvage 28,528
dealer licensed under Chapter 4738. of the Revised Code, the 28,529
person shall pay a fee of twenty-five dollars. 28,530
(2) A person issued a registration certificate for a new 28,532
scrap tire storage facility under section 3734.76 of the Revised 28,533
Code shall pay a fee of three hundred dollars, except that if the 28,534
facility is owned or operated by a motor vehicle salvage dealer 28,535
licensed under Chapter 4738. of the Revised Code, the person 28,536
shall pay a fee of twenty-five dollars. 28,537
643
(3) A person issued a permit for a scrap tire storage 28,539
facility under section 3734.76 of the Revised Code shall pay a 28,540
fee of one thousand dollars, except that if the facility is owned 28,541
or operated by a motor vehicle salvage dealer licensed under 28,542
Chapter 4738. of the Revised Code, the person shall pay a fee of 28,543
fifty dollars. 28,544
(4) A person issued a permit for a scrap tire monocell or 28,546
monofill facility under section 3734.77 of the Revised Code shall 28,547
pay a fee of ten dollars per thousand cubic yards of disposal 28,548
capacity or one thousand dollars, whichever is greater, except 28,549
that the total fee for any such permit shall not exceed eighty 28,550
thousand dollars. 28,551
(5) A person issued a registration certificate for a scrap 28,553
tire recovery facility under section 3734.78 of the Revised Code 28,554
shall pay a fee of one hundred dollars. 28,555
(6) A person issued a permit for a scrap tire recovery 28,557
facility under section 3734.78 of the Revised Code shall pay a 28,558
fee of one thousand dollars. 28,559
(7) In addition to the applicable registration certificate 28,561
or permit fee under divisions (R)(1) to (6) of this section, a 28,562
person issued a registration certificate or permit for any such 28,563
scrap tire facility who fails to pay the registration certificate 28,564
or permit fee to the director in compliance with division (V) of 28,565
this section shall pay an additional ten per cent of the amount 28,566
of the fee for each week that the fee is late. 28,567
(8) The registration certificate, permit, and late payment 28,569
fees paid to the director under divisions (R)(1) to (7) of this 28,570
section shall be credited to the scrap tire management fund 28,571
created in section 3734.82 of the Revised Code. 28,572
(S)(1) Except as provided by divisions (L), (M), (N), (O), 28,574
(P), and (S)(2) of this section, division (A)(2) of section 28,575
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 28,576
and rules adopted under division (T)(1) of this section, any 28,577
person applying for a registration certificate under section 28,578
644
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 28,579
variance, or plan approval under Chapter 3734. of the Revised 28,580
Code shall pay a nonrefundable fee of fifteen dollars at the time 28,581
the application is submitted, and any person applying for a 28,582
permit, variance, or plan approval under Chapter 6109. or 6111. 28,583
of the Revised Code shall pay a nonrefundable fee of one hundred 28,584
dollars at the time the application is submitted through June 30, 28,585
1998 2000, and a nonrefundable fee of fifteen dollars at the time 28,587
the application is submitted on and after July 1, 1998 2000. 28,588
The director shall transmit all moneys collected under this 28,590
division pursuant to Chapter 6109. of the Revised Code to the 28,591
treasurer of state for deposit into the drinking water protection 28,592
fund created in section 6109.30 of the Revised Code. 28,593
The director shall transmit all moneys collected under this 28,595
division pursuant to Chapter 6111. of the Revised Code to the 28,596
treasurer of state for deposit into the surface water protection 28,597
fund created in section 6111.038 of the Revised Code. 28,598
If a registration certificate is issued under section 28,600
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 28,601
the application fee paid shall be deducted from the amount of the 28,602
registration certificate fee due under division (R)(1), (2), or 28,603
(5) of this section, as applicable. 28,604
(2) Division (S)(1) of this section does not apply to an 28,606
application for a registration certificate for a scrap tire 28,607
collection or storage facility submitted under section 3734.75 or 28,608
3734.76 of the Revised Code, as applicable, if the owner or 28,609
operator of the facility or proposed facility is a motor vehicle 28,610
salvage dealer licensed under Chapter 4738. of the Revised Code. 28,611
(T) The director may adopt, amend, and rescind rules in 28,613
accordance with Chapter 119. of the Revised Code that do all of 28,614
the following: 28,615
(1) Prescribe fees to be paid by applicants for and 28,617
holders of any license, permit, variance, plan approval, or 28,618
certification required or authorized by Chapter 3704., 3734., 28,619
645
6109., or 6111. of the Revised Code that are not specifically 28,620
established in this section. The fees shall be designed to 28,621
defray the cost of processing, issuing, revoking, modifying, 28,622
denying, and enforcing the licenses, permits, variances, plan 28,623
approvals, and certifications. 28,624
The director shall transmit all moneys collected under 28,626
rules adopted under division (T)(1) of this section pursuant to 28,627
Chapter 6109. of the Revised Code to the treasurer of state for 28,628
deposit into the drinking water protection fund created in 28,629
section 6109.30 of the Revised Code. 28,630
The director shall transmit all moneys collected under 28,632
rules adopted under division (T)(1) of this section pursuant to 28,633
Chapter 6111. of the Revised Code to the treasurer of state for 28,634
deposit into the surface water protection fund created in section 28,635
6111.038 of the Revised Code. 28,636
(2) Exempt the state and political subdivisions thereof, 28,638
including education facilities or medical facilities owned by the 28,639
state or a political subdivision, or any person exempted from 28,640
taxation by section 5709.07 or 5709.12 of the Revised Code, from 28,641
any fee required by this section; 28,642
(3) Provide for the waiver of any fee, or any part 28,644
thereof, otherwise required by this section whenever the director 28,645
determines that the imposition of the fee would constitute an 28,646
unreasonable cost of doing business for any applicant, class of 28,647
applicants, or other person subject to the fee; 28,648
(4) Prescribe measures that the director considers 28,650
necessary to carry out this section. 28,651
(U) When the director reasonably demonstrates that the 28,653
direct cost to the state associated with the issuance of a permit 28,654
to install, license, variance, plan approval, or certification 28,655
exceeds the fee for the issuance or review specified by this 28,656
section, the director may condition the issuance or review on the 28,657
payment by the person receiving the issuance or review of, in 28,658
addition to the fee specified by this section, the amount, or any 28,659
646
portion thereof, in excess of the fee specified under this 28,660
section. The director shall not so condition issuances for which 28,661
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 28,662
section. 28,663
(V) Except as provided in divisions (L), (M), and (P) of 28,665
this section or unless otherwise prescribed by a rule of the 28,666
director adopted pursuant to Chapter 119. of the Revised Code, 28,667
all fees required by this section are payable within thirty days 28,668
after the issuance of an invoice for the fee by the director or 28,669
the effective date of the issuance of the license, permit, 28,670
variance, plan approval, or certification. If payment is late, 28,671
the person responsible for payment of the fee shall pay an 28,672
additional ten per cent of the amount due for each month that it 28,673
is late. 28,674
(W) As used in this section, "fuel-burning equipment," 28,676
"fuel-burning equipment input capacity," "incinerator," 28,677
"incinerator input capacity," "process," "process weight rate," 28,678
"storage tank," "gasoline dispensing facility," "dry cleaning 28,679
facility," "design flow discharge," and "new source treatment 28,680
works" have the meanings ascribed to those terms by applicable 28,681
rules or standards adopted by the director under Chapter 3704. or 28,682
6111. of the Revised Code. 28,683
(X) As used in divisions (B), (C), (D), (E), (F), (H), 28,685
(I), and (J) of this section, and in any other provision of this 28,686
section pertaining to fees paid pursuant to Chapter 3704. of the 28,687
Revised Code: 28,688
(1) "Facility," "federal Clean Air Act," "person," and 28,690
"Title V permit" have the same meanings as in section 3704.01 of 28,691
the Revised Code. 28,692
(2) "Title V permit program" means the following 28,694
activities as necessary to meet the requirements of Title V of 28,695
the federal Clean Air Act and 40 C.F.R. part 70, including at 28,696
least: 28,697
(a) Preparing and adopting, if applicable, generally 28,699
647
applicable rules or guidance regarding the permit program or its 28,700
implementation or enforcement; 28,701
(b) Reviewing and acting on any application for a Title V 28,703
permit, permit revision, or permit renewal, including the 28,704
development of an applicable requirement as part of the 28,705
processing of a permit, permit revision, or permit renewal; 28,706
(c) Administering the permit program, including the 28,708
supporting and tracking of permit applications, compliance 28,709
certification, and related data entry; 28,710
(d) Determining which sources are subject to the program 28,712
and implementing and enforcing the terms of any Title V permit, 28,713
not including any court actions or other formal enforcement 28,714
actions; 28,715
(e) Emission and ambient monitoring; 28,717
(f) Modeling, analyses, or demonstrations; 28,719
(g) Preparing inventories and tracking emissions; 28,721
(h) Providing direct and indirect support to small 28,723
business stationary sources to determine and meet their 28,724
obligations under the federal Clean Air Act pursuant to the small 28,725
business stationary source technical and environmental compliance 28,726
assistance program required by section 507 of that act and 28,727
established in sections 3704.18, 3704.19, and 3706.19 of the 28,728
Revised Code. 28,729
Sec. 3745.21. (A) There is hereby created within the 28,738
environmental protection agency the environmental education 28,739
council consisting of the directors of environmental protection 28,741
and natural resources and the superintendent of public
instruction, or their designees, as members ex officio, one 28,742
member of the house of representatives to be appointed by the 28,743
speaker of the house of representatives OR THE MEMBER'S DESIGNEE, 28,744
one member of the senate to be appointed by the president of the 28,746
senate OR THE MEMBER'S DESIGNEE, one member to be appointed by 28,748
the Ohio board of regents who shall have experience in providing 28,749
environmental education at the university or college level, and 28,750
648
six members to be appointed by the governor with the advice and 28,751
consent of the senate. Of the members appointed by the governor, 28,752
two shall be from statewide environmental advocacy organizations, 28,753
one shall represent the interests of the industrial community in 28,754
this state, one shall represent the interests of employers in 28,755
this state with one hundred fifty or fewer employees, one shall 28,756
represent municipal corporations, and one shall represent the 28,757
interests of elementary and secondary school teachers in this 28,758
state. Within thirty days after October 1, 1990, the appointing 28,759
authorities shall make their initial appointments to the council. 28,762
The initial appointment to the council by the Ohio board of 28,764
regents shall be for a term ending two years after October 1, 28,766
1990. Of the initial appointments made to the council by the 28,767
governor, three shall be for a term ending one year after October 28,769
1, 1990, and three shall be for a term ending two years after 28,770
October 1, 1990. Thereafter, the terms of office of the members 28,772
appointed by the Ohio board of regents and the governor shall be 28,773
for two years, with each term ending on the same day of the same 28,775
month as the term that it succeeds. Each member shall hold 28,776
office from the date of appointment until the end of the term for 28,777
which the member was appointed. Members may be reappointed. 28,778
Vacancies shall be filled in the manner provided for original 28,779
appointments. Any member appointed to fill a vacancy occurring 28,780
prior to the expiration date of the term for which the member's 28,782
predecessor was appointed shall hold office as a member of the 28,783
board of trustees for the remainder of that term. A member of 28,784
the council appointed by the Ohio board of regents or the 28,787
governor shall continue in office subsequent to the expiration 28,788
date of the member's term until the member's successor takes 28,789
office or until a period of sixty days has elapsed, whichever 28,790
occurs first.
The council shall hold at least two regular, semiannual 28,793
meetings each year. Special meetings may be held at the behest 28,794
of the chairperson or a majority of the members. The director of 28,795
649
environmental protection shall serve as the chairperson of the 28,796
council. The council annually shall select from among its 28,799
members a vice-chairperson and a secretary to keep a record of 28,800
its proceedings. A majority vote of the members of the council 28,801
is necessary to take action on any matter. 28,804
Serving as a member of the council does not constitute 28,807
holding a public office or a position of employment under the 28,808
laws of this state and does not constitute grounds for the 28,809
removal of public officers or employees from their offices or
positions of employment. The Ohio board of regents may at any 28,810
time remove a member of the council appointed by it for 28,812
misfeasance, malfeasance, or nonfeasance in office. The governor 28,813
may at any time remove a member of the council appointed by the 28,815
governor for misfeasance, malfeasance, or nonfeasance in office. 28,817
Members of the council appointed by the Ohio board of 28,820
regents and the governor shall serve without compensation. 28,821
Members of the council shall be reimbursed for their actual and 28,822
necessary expenses incurred in the performance of their duties as 28,823
members of the council from moneys credited to the environmental 28,825
education fund created in section 3745.22 of the Revised Code. 28,826
(B) The council shall advise and assist the director in 28,829
the implementation and administration of section 3745.22 of the 28,830
Revised Code and shall review and comment on all expenditures 28,831
from the fund proposed by the director. 28,832
(C) The council may adopt bylaws for the regulation and 28,836
conduct of the council's affairs and may propose to the director 28,838
expenditures from the fund. 28,839
Sec. 3745.25. There is hereby created within the 28,849
environmental protection agency the quality improvement council 28,850
consisting of the director of environmental protection; one 28,851
member of the house of representatives to be appointed by the 28,852
speaker of the house of representatives; one member of the senate 28,853
to be appointed by the president of the senate; and ten 28,854
additional members. Of those ten members, four shall represent 28,855
650
the interests of industry, one of which shall be appointed by the 28,856
president of the senate and one of which shall be appointed by 28,857
the speaker of the house of representatives; four shall represent 28,858
the interests of political subdivisions, one of which shall be 28,859
appointed by the president of the senate and one of which shall 28,860
be appointed by the speaker of the house of representatives; and 28,861
two shall represent the interests of environmental advocacy 28,862
organizations. The president of the senate and the speaker of 28,863
the house of representatives shall make their nonlegislative 28,864
appointments from a list of nominees provided by organizations 28,865
representing the interests of counties and municipal corporations 28,866
and industry. No more than three nominees shall be provided by 28,867
any such organization. The governor shall appoint the remaining 28,868
six members from a list of nominees provided by organizations 28,869
representing the interests of counties and municipal 28,870
corporations, industry, and environmental advocacy. No more than 28,871
three nominees shall be provided by any such organization. 28,872
The council shall hold a minimum of four regularly 28,874
scheduled meetings each year. Additional meetings shall be held 28,875
at the request of a majority of the members or at the request of 28,876
the director. The director shall serve as chairman CHAIRPERSON 28,877
of the council. The council annually shall select from among its 28,879
members a vice-chairman VICE-CHAIRPERSON and a secretary to keep 28,880
a record of its proceedings. A majority vote of the members is 28,882
necessary to take action on any matter. 28,883
Serving as a member of the council does not constitute 28,885
holding a public office or position of employment under the laws 28,886
of this state and does not constitute grounds for removal of 28,887
public officers or employees from their offices or positions of 28,888
employment. The appointing authority or authorities may remove a 28,889
member of the council at any time for misfeasance, nonfeasance, 28,890
or malfeasance in office. 28,891
The council shall do both of the following: 28,893
(A) Measure the achievement of all of the following by the 28,895
651
environmental protection agency: 28,896
(1) Improvement in the timeliness of review and issuance 28,898
of permits under Chapters 3704., 3734., 6109., and 6111. of the 28,899
Revised Code; 28,900
(2) Improvement in the consistency of permitting under 28,902
those chapters to avoid overregulation; 28,903
(3) Efficient implementation of federal and state 28,905
mandates; 28,906
(4) Enhancement of the agency's technical assistance 28,908
capability; 28,909
(5) Development of customer service enhancement program 28,911
strategies; 28,912
(6) Implementation of all of the recommendations contained 28,914
in the report required under division (C) of this section as it 28,916
existed prior to the effective date of this amendment. 28,917
(B) Report both of the following to the governor and the 28,919
general assembly by not later than September 1996 1998: 28,922
(1) The level of achievement by the agency in the areas 28,924
identified in division (A) of this section, including progress 28,925
made by the agency in implementing the recommendations contained 28,927
in the report required under division (C) of this section as it 28,928
existed prior to the effective date of this amendment SEPTEMBER 28,930
29, 1995, and the status of the agency's development of customer 28,931
service enhancements; 28,932
(2) A recommendation on the need to continue the council 28,934
beyond June 30, 1997 1999. 28,935
Sec. 3746.121. Upon receiving a request submitted under 28,945
section 122.19 122.16 of the Revised Code for verification of 28,947
eligible costs associated with a voluntary action incurred by the 28,948
applicant for the agreement under that section, a certified 28,949
professional shall submit to the director of development
verification of the eligible costs associated with the voluntary 28,950
action as defined in section 122.19 122.16 of the Revised Code. 28,951
The verification shall be submitted in the form of an affidavit 28,953
652
subject to section 3746.20 of the Revised Code, shall state that 28,955
the information contained in the verification is true to the best 28,956
of the knowledge, information, and belief of the certified
professional, and shall be accompanied by any receipts, invoices, 28,958
canceled checks, or other documents evidencing eligible costs 28,959
associated with the voluntary action that are provided by the 28,960
applicant. Verification submitted under this section does not 28,961
constitute a finding or representation by the certified
professional that eligible costs associated with the voluntary 28,962
action are reasonable.
Sec. 3748.07. (A) Every facility that proposes to handle 28,972
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 28,974
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 28,975
registration. Terms and conditions of licenses and certificates 28,976
of registration may be amended in accordance with rules adopted 28,977
under section 3748.04 of the Revised Code or orders issued by the 28,978
director pursuant to section 3748.05 of the Revised Code. 28,979
(B) Until rules are adopted under section 3748.04 of the 28,981
Revised Code, an application for a certificate of registration 28,983
shall be accompanied by a biennial registration fee of one
hundred fifteen FIFTY dollars. On and after the effective date 28,984
of those rules, an applicant for a license, registration 28,985
certificate, or renewal of either shall pay the appropriate fee 28,986
established in those rules.
All fees collected under this section shall be deposited in 28,988
the state treasury to the credit of the general operations fund 28,989
created in section 3701.83 of the Revised Code. The fees shall 28,991
be used solely to administer and enforce this chapter and rules
adopted under it. 28,992
Any fee required under this section that has not been paid 28,994
within ninety days after the invoice date shall be assessed at 28,995
two times the original invoiced fee. Any fee that has not been 28,996
653
paid within one hundred eighty days after the invoice date shall 28,998
be assessed at five times the original invoiced fee. 28,999
(C) The director shall grant a license or registration to 29,001
any applicant who has paid the required fee and is in compliance 29,002
with this chapter and rules adopted under it. 29,004
Until rules are adopted under section 3748.04 of the 29,006
Revised Code, certificates of registration shall be effective for 29,008
two years from the date of issuance. On and after the effective 29,009
date of those rules, licenses and certificates of registration 29,010
shall be effective for the applicable period established in those 29,011
rules. Licenses and certificates of registration shall be 29,012
renewed in accordance with the standard renewal procedure 29,013
established in Chapter 4745. of the Revised Code. 29,014
Sec. 3748.12. The director of health shall certify 29,023
radiation experts pursuant to rules adopted under division (C) of 29,025
section 3748.04 of the Revised Code. He THE DIRECTOR shall issue 29,027
a certificate to each person certified under this section. An
individual certified by the director is qualified to develop, 29,028
provide periodic review of, and conduct audits of the quality 29,030
assurance program for sources of radiation for which such a 29,031
program is required under division (A) of section 3748.13 of the
Revised Code. 29,032
The public health council shall establish an application 29,034
fee for applying for certification and a biennial certification 29,035
renewal fee in rules adopted under division (C) of section 29,037
3748.04 of the Revised Code. Until those rules are adopted, the 29,038
application fee for applying for INITIAL certification shall be 29,039
fifty dollars, and the PLUS AN ADDITIONAL TWENTY-FIVE DOLLARS FOR 29,040
EACH TYPE OF RADIATION-GENERATING EQUIPMENT LISTED IN DIVISION 29,041
(B) OF SECTION 3748.13 OF THE REVISED CODE FOR WHICH APPLICATION 29,042
IS BEING MADE. THE certification renewal fee shall be one 29,044
hundred fifteen dollars. A certificate issued under this section 29,045
shall expire two years after the date of its issuance. To 29,046
maintain certification, a radiation expert shall apply to the 29,048
654
director for renewal of certification in accordance with the 29,049
standard renewal procedures established in Chapter 4745. of the 29,050
Revised Code. The certification renewal fee is not required for 29,052
initial certification, but shall be paid for every renewal of 29,053
certification. Fees collected under this section shall be 29,054
deposited into the state treasury to the credit of the general 29,055
operations fund created in section 3701.83 of the Revised Code. 29,056
The fees shall be used solely to administer and enforce this 29,057
chapter and rules adopted under it. Any fee required under this 29,059
section that has not been paid within ninety days after the 29,060
invoice date shall be assessed at two times the original invoiced
fee. Any fee that has not been paid within one hundred eighty 29,061
days after the invoice date shall be assessed at five times the 29,062
original invoiced fee.
Sec. 3748.13. (A) The director of health shall inspect 29,071
sources of radiation for which licensure or registration by the 29,072
handler is required, and the sources' shielding and surroundings, 29,074
according to the schedule established in rules adopted under 29,075
division (D) of section 3748.04 of the Revised Code. In 29,076
accordance with rules adopted under that section, the director 29,077
shall inspect all records and operating procedures of handlers 29,079
that install sources of radiation and all sources of radiation 29,081
for which licensure of radioactive material or registration of 29,082
radiation-generating equipment by the handler is required. The 29,083
director may make other inspections upon receiving complaints or 29,084
other evidence of violation of this chapter or rules adopted 29,085
under it.
The director shall require any hospital registered under 29,088
division (A) of section 3701.07 of the Revised Code to develop 29,089
and maintain a quality assurance program for all sources of 29,090
radiation-generating equipment. A certified radiation expert 29,091
shall conduct oversight and maintenance of the program and shall 29,092
file a report of audits of the program with the director on forms 29,093
prescribed by the director. The audit reports shall become part 29,094
655
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 29,096
section 3748.04 of the Revised Code, a facility shall pay 29,098
inspection fees according to the following schedule and 29,099
categories:
First dental x-ray tube, 29,101
gauging x-ray tube, or
analytical x-ray equipment 29,102
used in nonhealth care
applications $ 60.00
80.00 29,103
Each additional dental x-ray 29,104
tube, cabinet x-ray tube,
gauging x-ray tube, or 29,105
analytical x-ray equipment
used in nonhealth care
applications at the same 29,106
location $ 30.00 29,107
40.00 29,108
First x-ray tube other than 29,109
dental, cabinet, or gauging,
or analytical x-ray equipment 29,110
used in nonhealth care
applications $120.00 29,111
160.00 29,112
Each additional x-ray tube 29,113
other than dental, cabinet, or
gauging, or analytical x-ray 29,114
equipment used in nonhealth
care applications at the same
location $ 60.00 29,116
80.00 29,117
Each unit of ionizing 29,118
radiation-generating equipment
656
capable of operating at or 29,119
above 250 kilovoltage peak $240.00 29,120
320.00 29,121
First nonionizing 29,122
radiation-generating equipment
of any kind $120.00 29,123
160.00 29,124
Each additional nonionizing
radiation-generating equipment 29,125
of any kind at the same 29,126
location $ 60.00 29,127
80.00 29,128
Amount of radioactive material 29,129
licensed or amount on hand at
the time of inspection, 29,130
whichever is greater:
less than 100 microcuries $100.00 29,133
100 microcuries or more, but 29,134
less than one millicurie $150.00
one millicurie or more, but 29,135
less than 100 millicuries $200.00 29,136
100 millicuries or more $400.00 29,137
Test of a sealed source for 29,138
leakage of radioactive
material $ 80.00 29,139
Assembler-maintainer 29,140
inspection consisting of an
inspection of records and 29,141
operating procedures of
handlers that install sources
of radiation $150.00 29,142
200.00 29,143
Until rules are adopted under division (A)(8) of section 29,146
3748.04 of the Revised Code, the fee for an inspection to 29,147
657
determine whether violations cited in a previous inspection have 29,149
been corrected is fifty per cent of the fee applicable under the 29,150
schedule in this division. Until those rules are adopted, the 29,151
fee for the inspection of a facility that is not licensed or 29,152
registered and for which no license or registration application 29,153
is pending at the time of inspection is one TWO hundred 29,154
twenty-five FIFTY dollars plus the fee applicable under the 29,155
schedule in this division. 29,156
The director may conduct a review of shielding plans or the 29,159
adequacy of shielding on the request of a licensee or registrant 29,160
or an applicant for licensure or registration or during an 29,161
inspection when the director considers a review to be necessary. 29,162
Until rules are adopted under division (A)(8) of section 3748.04 29,163
of the Revised Code, the fee for the review is three FOUR hundred 29,164
dollars for each room where a source of radiation is used and is 29,165
in addition to any other fee applicable under the schedule in 29,166
this division.
All fees shall be paid to the department of health no later 29,168
than thirty days after the invoice for the fee is mailed. Fees 29,169
shall be deposited in the general operations fund created in 29,170
section 3701.83 of the Revised Code. The fees shall be used 29,171
solely to administer and enforce this chapter and rules adopted 29,172
under it.
Any fee required under this section that has not been paid 29,174
within ninety days after the invoice date shall be assessed at 29,175
two times the original invoiced fee. Any fee that has not been 29,176
paid within one hundred eighty days after the invoice date shall 29,177
be assessed at five times the original invoiced fee. 29,178
(C) If the director determines that a board of health of a 29,181
city or general health district is qualified to conduct 29,182
inspections of radiation-generating equipment, the director may 29,183
delegate to the board, by contract, the authority to conduct such 29,184
inspections. In making a determination of the qualifications of 29,185
a board of health to conduct those inspections, the director 29,186
658
shall evaluate the credentials of the individuals who are to 29,187
conduct the inspections of radiation-generating equipment and the 29,188
radiation detection and measuring equipment available to them for 29,189
that purpose. If a contract is entered into, the board shall 29,190
have the same authority to make inspections of 29,191
radiation-generating equipment as the director has under this 29,192
chapter and rules adopted under it. The contract shall stipulate 29,193
that only individuals approved by the director as qualified shall 29,194
be permitted to inspect radiation-generating equipment under the 29,195
contract's provisions. The contract shall provide for such 29,196
compensation for services as is agreed to by the director and the 29,197
board of health of the contracting health district. The director 29,198
may reevaluate the credentials of the inspection personnel and 29,199
their radiation detecting and measuring equipment as often as the 29,200
director considers necessary and may terminate any contract with 29,201
the board of health of any health district that, in the 29,202
director's opinion, is not satisfactorily performing the terms of 29,203
the contract.
(D) The director may enter at all reasonable times upon 29,205
any public or private property to determine compliance with this 29,206
chapter and rules adopted under it. 29,207
Sec. 3769.088. (A) If any permit holder required by this 29,217
chapter to pay the taxes levied by sections 3769.08, 3769.087, 29,218
and 3769.26, AND 3769.28 of the Revised Code fails to pay the 29,219
taxes, the tax commissioner may make an assessment against the 29,220
permit holder based upon any information in the commissioner's 29,221
possession. 29,222
A penalty of fifteen per cent shall be added to the amount 29,224
of every assessment made under this section. The commissioner 29,225
may adopt rules providing for the remission of penalties added to 29,226
assessments made under this section. 29,227
The commissioner shall give the party assessed written 29,229
notice of the assessment by personal service or certified mail. 29,230
All assessments, exclusive of penalties, not paid within thirty 29,231
659
days after service of the notice of assessment, shall bear 29,232
interest at the rate per annum prescribed by section 5703.47 of 29,233
the Revised Code. 29,234
(B) Unless the party to whom the notice of assessment is 29,236
directed files with the commissioner within thirty days after 29,237
service of the notice of assessment, either personally or by 29,238
certified mail, a petition for reassessment in writing, signed by 29,239
the party assessed, or by his THE PARTY'S authorized agent having 29,241
knowledge of the facts, the assessment shall become conclusive 29,242
FINAL and the amount of the assessment shall be due and payable 29,244
from the party assessed to the tax commissioner. The petition 29,245
shall indicate the objections of the party assessed, but 29,246
additional objections may be raised in writing if received prior 29,247
to the date shown on the final determination by the commissioner. 29,248
Unless the petitioner waives a hearing, the commissioner 29,250
shall assign a time and place for the hearing on the petition and 29,251
notify the petitioner of the time and place of the hearing by 29,252
personal service or certified mail, but the commissioner may 29,253
continue the hearing from time to time if necessary. 29,254
The commissioner may make such correction to his THE 29,256
assessment as he THE COMMISSIONER finds proper. The commissioner 29,257
shall serve a copy of his THE COMMISSIONER'S final determination 29,259
on the petitioner by personal service or certified mail, and his 29,260
THE COMMISSIONER'S decision in the matter shall be final, subject 29,262
to appeal as provided in section 5717.02 of the Revised Code. 29,263
Only objections decided on the merits by the board of tax appeals 29,264
or a court shall be given collateral estoppel or res judicata 29,265
effect in considering an application for refund of amounts paid 29,266
pursuant to the assessment.
(C) After an assessment becomes final, if any portion of 29,268
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 29,269
certified copy of the commissioner's entry making the assessment 29,271
final may be filed in the office of the clerk of the court of 29,272
common pleas in the county in which the place, track, or 29,273
660
enclosure for which the permit was issued is located or the 29,274
county in which the party assessed resides or has its principal 29,275
place of business. If the party assessed maintains no place of 29,276
business in this state and is not a resident of this state, the 29,277
certified copy of the entry may be filed in the office of the 29,278
clerk of the court of common pleas of Franklin county. 29,279
The clerk, immediately upon the filing of such entry, shall 29,281
enter a judgment for the state against the party assessed in the 29,282
amount shown on the entry. The judgment may be filed by the 29,283
clerk in a loose-leaf book entitled "special judgments for state 29,284
horse racing tax."," AND SHALL HAVE THE SAME EFFECT AS OTHER 29,286
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE 29,287
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 29,288
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 29,290
office, any unpaid THE portion of the assessment NOT PAID WITHIN 29,291
THIRTY DAYS AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear 29,292
interest at the rate per annum prescribed by section 5703.47 of 29,293
the Revised Code and shall have the same effect as other 29,294
judgments. Execution shall issue upon the judgment upon request 29,295
of the commissioner, and all laws applicable to sales on 29,296
execution shall be applicable to sales made under the judgment 29,297
FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL THE 29,298
DAY THE ASSESSMENT IS PAID. INTEREST SHALL BE PAID IN THE SAME 29,299
MANNER AS THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN 29,300
ASSESSMENT UNDER THIS SECTION. 29,301
(D) All money collected by the commissioner under this 29,303
section shall be treated as revenue arising from the taxes 29,304
imposed by sections 3769.08, 3769.087, and 3769.26, AND 3769.28 29,305
of the Revised Code. 29,306
Sec. 3769.10. The state racing commission and the tax 29,316
commissioner shall enforce 3769.28 this chapter and may incur 29,317
such expenses as are necessary; provided, that the power of the 29,318
tax commissioner shall extend only to enforcement and 29,319
661
administration of the taxes levied by sections 3769.08, 3769.087, 29,320
and 3769.26, AND 3769.28 of the Revised Code as provided in those 29,321
sections and in sections 3769.088, 5703.05, 5703.17 to 5703.37, 29,322
5703.39, 5703.41, and 5703.45 of the Revised Code. The 29,323
commissioner may adopt, in accordance with section 5703.14 of the 29,324
Revised Code, such rules as he THE COMMISSIONER considers 29,325
necessary to administer sections 3769.08, 3768.087 3769.087, 29,327
3769.088, and 3769.26, AND 3769.28 of the Revised Code. 29,329
Except as otherwise provided in section 3769.03 of the 29,331
Revised Code, all taxes, fees, and moneys due the state under 29,332
sections 3769.01 to 3769.071 and 3769.09 to 3769.14 of the 29,333
Revised Code shall be paid to, and receipted for by, the 29,334
secretary of the state racing commission, and shall be paid by 29,335
him THE SECRETARY weekly into the state treasury to the credit of 29,337
the general revenue fund. All taxes due the state under sections 29,338
3769.08, 3769.087, and 3769.26 of the Revised Code shall be paid 29,339
to, and receipted for by, the tax commissioner, and shall be paid 29,340
by him THE COMMISSIONER weekly into the proper funds. 29,342
All vouchers of the commission shall be signed APPROVED by 29,344
the commission chairman CHAIRPERSON or secretary, or both, as 29,345
authorized by the commission. 29,346
Sec. 3770.01. There is hereby created the state lottery 29,355
commission consisting of nine members appointed by the governor 29,356
with the advice and consent of the senate. No more than five 29,357
members of the commission shall be members of the same political 29,358
party. Of the additional and new appointments made to the 29,359
commission pursuant to the amendment of August 1, 1980, three 29,360
shall be for terms ending August 1, 1981, three shall be for 29,361
terms ending August 1, 1982, and three shall be for terms ending 29,362
August 1, 1983. Thereafter, terms of office shall be for three 29,363
years, each term ending on the same day of the same month of the 29,364
year as did the term which it succeeds. Each member shall hold 29,365
office from the date of his appointment until the end of the term 29,366
for which he THE MEMBER was appointed. The members of the 29,367
662
commission shall represent the various geographic regions of the 29,369
state. Any member appointed to fill a vacancy occurring prior to 29,370
the expiration of the term for which his THE MEMBER'S predecessor 29,371
was appointed shall hold office for the remainder of such term. 29,373
Any member shall continue in office subsequent to the expiration 29,374
date of his THE MEMBER'S term until his THE MEMBER'S successor 29,376
takes office, or until a period of sixty days has elapsed, 29,379
whichever occurs first.
All members of the commission shall be citizens of the 29,381
United States and residents of this state. No member shall have 29,382
any pecuniary interest in any contract or license awarded by the 29,383
commission. Each person appointed as a member of the commission 29,384
shall have prior experience or education in business 29,385
administration, management, sales, marketing, or advertising. 29,386
The commission shall elect annually one of its members to 29,388
serve as chairman CHAIRPERSON for a term of one year. Election 29,389
as chairman CHAIRPERSON shall not extend a member's appointive 29,391
term. Each member of the commission shall receive compensation 29,392
pursuant to division (J) of section 124.15 of the Revised Code 29,393
for each day he actually attends an official meeting of the 29,395
commission, but shall not receive step advancements AN ANNUAL 29,396
SALARY OF FIVE THOUSAND DOLLARS, PAYABLE IN MONTHLY INSTALLMENTS. 29,397
Each member shall also receive his actual and necessary expenses 29,399
incurred in the discharge of his official duties. 29,400
Each member of the commission, before entering upon the 29,402
discharge of his OFFICIAL duties, shall give a bond, payable to 29,403
the treasurer of state, in the sum of ten thousand dollars with 29,405
sufficient sureties to be approved by the treasurer of state, 29,406
which bond shall be filed with the secretary of state. 29,407
The governor may remove any member of the commission for 29,409
malfeasance, misfeasance, or nonfeasance in office, giving such 29,410
member a copy of the charges against him THE MEMBER and affording 29,412
him THE MEMBER an opportunity to be publicly heard in person or 29,413
by counsel in his THE MEMBER'S own defense upon not less than ten 29,415
663
days' notice. If such member is removed, the governor shall file 29,416
in the office of the secretary of state a complete statement of 29,417
all charges made against the member and the governor's finding 29,418
thereon, together with a complete report of the proceedings, and 29,419
the governor's decision thereon is final. 29,420
The commission shall maintain offices at locations in the 29,422
state as it may deem necessary for the efficient performance of 29,423
its functions. The director shall maintain an office in Columbus 29,424
to coordinate the activities of the state lottery commission with 29,425
other state departments. 29,426
Sec. 3770.02. (A) Subject to the advice and consent of 29,435
the senate, the governor shall appoint a director of the state 29,436
lottery commission who shall serve at the pleasure of the 29,437
governor. The director shall devote full time to the duties of 29,439
the office and shall hold no other office or employment. The 29,440
director shall meet all requirements for appointment as a member
of the commission and shall by experience and training possess 29,441
such management skills as would equip the director to administer 29,443
an enterprise of the nature of a state lottery. The director 29,444
shall receive an annual salary in accordance with pay range 48 of 29,445
section 124.152 of the Revised Code. 29,446
(B)(1) The director shall attend all meetings of the 29,448
commission and shall act as its secretary. The director shall 29,449
keep a record of all commission proceedings and shall keep such 29,451
records, files, and documents at the commission's principal 29,452
office. All records of the commission's meetings shall be 29,453
available for inspection by any member of the public, upon a 29,454
showing of good cause and prior notification to the director. 29,455
(2) The director shall be the commission's executive 29,457
officer and shall be responsible for keeping all commission 29,458
records and supervising and administering the state lottery in 29,459
accordance with this chapter, and carrying out all commission 29,460
rules adopted under section 3770.03 of the Revised Code. 29,461
(C)(1) The director shall appoint an assistant director 29,463
664
and deputy directors of marketing, operations, sales, finance, 29,465
public relations, security, and administration, and as many 29,466
regional managers as are required. The director may also appoint 29,467
such professional, technical, and clerical assistants as are 29,468
necessary. All such officers and employees shall be appointed 29,469
and compensated pursuant to Chapter 124. of the Revised Code. 29,470
Regional and assistant regional managers, sales representatives, 29,472
and any lottery executive account representatives shall remain in 29,474
the unclassified service.
(2) The director, in consultation with the director of 29,477
administrative services, may establish standards of proficiency 29,478
and productivity for commission field representatives. 29,479
(D) The director shall request the bureau of criminal 29,481
identification and investigation, the department of public 29,482
safety, or any other state, local, or federal agency, to supply 29,484
the director with the criminal records of any job applicant and 29,486
may periodically request such criminal records of commission 29,487
employees. At or prior to the time of making such a request, the 29,488
director shall require a job applicant or commission employee to 29,490
obtain fingerprint cards prescribed by the superintendent of the 29,491
bureau of criminal identification and investigation at a
qualified law enforcement agency and the director shall cause 29,493
these fingerprint cards to be forwarded to the bureau of criminal 29,494
identification and investigation and the federal bureau of 29,495
investigation. The commission shall assume the cost of obtaining
the fingerprint cards and shall pay to each agency supplying such 29,496
records for each investigation under this division a reasonable 29,498
fee, as determined by the agency. 29,499
(E) The director shall license lottery sales agents 29,501
pursuant to section 3770.05 of the Revised Code, and when 29,502
necessary may revoke or suspend the license of any lottery sales 29,503
agent when such action is considered necessary. 29,504
(F) The director shall confer at least once each month 29,507
with the commission at which time the director shall advise it of 29,508
665
the operation and administration of the lottery. The director 29,509
shall make available at the request of the commission all 29,510
documents, files, and other records pertaining to the operation 29,511
and administration of the lottery. The director shall prepare 29,513
and make available to the commission each month a complete and 29,514
accurate accounting of lottery revenues, prize money 29,515
disbursements and the cost of goods and services awarded as 29,516
prizes, operating expenses, and all other relevant financial 29,517
information, INCLUDING AN ACCOUNTING OF ALL TRANSFERS MADE FROM 29,518
ANY LOTTERY FUNDS IN THE CUSTODY OF THE TREASURER OF STATE TO 29,519
BENEFIT EDUCATION.
(G) The director may enter into contracts for the 29,521
operation or promotion of the lottery pursuant to Chapter 125. of 29,522
the Revised Code. THE DIRECTOR MAY ENTER INTO AGREEMENTS TO 29,523
ASSIST ORGANIZATIONS THAT DEAL WITH PROBLEM GAMBLING. 29,524
(H)(1) Pursuant to rules adopted by the commission under 29,527
section 3770.03 of the Revised Code, the director shall require
any lottery sales agents to either mail directly to the state 29,531
lottery commission or to deposit to the credit of the state 29,532
lottery fund, in banking institutions designated by the treasurer 29,533
of state, net proceeds due the lottery commission as determined 29,534
by the director, and to file with the director or the director's 29,536
designee reports of their receipts and transactions in the sale 29,537
of lottery tickets in such form as required by the director. 29,538
(2) Pursuant to rules adopted by the commission under 29,540
Chapter 119. of the Revised Code, the director may impose 29,542
penalties for the failure of a sales agent to transfer funds to 29,543
the commission in a timely manner. Penalties may include 29,544
monetary penalties, immediate suspension or revocation of a 29,545
license, or any other penalty the commission adopts by rule. 29,546
(I) The director may arrange for any person, or any 29,548
banking institution, to perform such functions and services in 29,549
connection with the operation of the lottery as the director may 29,550
consider necessary to carry out this chapter. 29,551
666
Sec. 3770.06. (A) There is hereby created the state 29,560
lottery gross revenue fund, which shall be in the custody of the 29,561
treasurer of state but shall not be part of the state treasury. 29,562
All gross revenues received from sales of lottery tickets, fines, 29,563
fees, and related proceeds shall be deposited into the fund. The 29,564
treasurer of state shall invest any portion of the fund not 29,565
needed for immediate use in the same manner as, and subject to 29,566
all provisions of law with respect to the investment of, state 29,567
funds. The treasurer of state shall disburse money from the fund 29,568
on order of the director of the state lottery commission or the 29,569
director's designee. All revenues of the state lottery gross 29,570
revenue fund that are not paid to holders of winning lottery 29,571
tickets, that are not required to meet short-term prize 29,572
liabilities, that are not paid to lottery sales agents in the 29,573
form of agent bonuses, commissions, or reimbursements, and that 29,574
are not paid to financial institutions to reimburse such 29,575
institutions for sales agent nonsufficient funds shall be 29,576
transferred to the state lottery fund, which is hereby created in 29,577
the state treasury. All investment earnings of the fund shall be 29,578
credited to the fund. Moneys shall be disbursed from the state 29,579
lottery fund pursuant to vouchers signed APPROVED by the director 29,580
of the state lottery commission. Total disbursements for 29,582
monetary prize awards to holders of winning lottery tickets and 29,583
purchases of goods and services awarded as prizes to holders of 29,584
winning lottery tickets shall be of an amount equal to at least 29,585
fifty per cent of the total revenue accruing from the sale of 29,586
lottery tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 29,588
Constitution, there is hereby established in the state treasury 29,589
the lottery profits education fund. Whenever, in the judgment of 29,590
the director of budget and management, the amount to the credit 29,591
of the state lottery fund is in excess of that needed to meet the 29,592
maturing obligations of the commission and as working capital for 29,593
its further operations, the director shall transfer the excess to 29,595
667
the lottery profits education fund, provided that the amount to
be transferred into the lottery profits education fund shall 29,596
equal no less than thirty per cent of the total revenue accruing 29,597
from the sale of lottery tickets. Investment earnings of the 29,598
lottery profits education fund shall be credited to the fund. 29,599
There shall also be credited to the fund any repayments of moneys 29,600
loaned from the educational excellence investment fund. The 29,601
lottery profits education fund shall be used solely for the 29,602
support of elementary, secondary, vocational, and special 29,603
education programs as determined in appropriations made by the 29,604
general assembly. When determining the availability of money in 29,605
the lottery profits education fund, the director of budget and 29,606
management may consider all balances and estimated revenues of 29,607
the fund. 29,608
From the amounts that the director of budget and management 29,610
transfers in any fiscal year from the state lottery fund to the 29,611
lottery profits education fund, the director shall transfer the 29,613
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 29,614
service fund created in division (R) of section 3318.26 of the 29,615
Revised Code to be pledged for the purpose of paying bond service 29,616
charges as defined in division (C) of section 3318.21 of the 29,617
Revised Code on one or more issuances of obligations, which 29,618
obligations are issued to provide moneys for the school building 29,619
program assistance fund created in section 3318.25 of the Revised 29,620
Code.
(C) There is hereby established in the state treasury the 29,622
deferred prizes trust fund. With the approval of the director of 29,623
budget and management, an amount sufficient to fund annuity 29,624
prizes shall be transferred from the state lottery fund and 29,625
credited to the trust fund. The treasurer of state shall credit 29,627
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 29,628
fiscal year, the director of budget and management shall certify 29,629
668
the amount of investment earnings necessary to have been credited 29,630
to the trust fund during the fiscal year just ending to provide 29,631
for continued funding of deferred prizes. Any earnings credited 29,632
in excess of this certified amount shall be transferred to the 29,633
lottery profits education fund. To provide all or a part of the 29,634
amounts necessary to fund deferred prizes awarded by the 29,635
commission, the treasurer of state, in consultation with the 29,636
commission, may invest moneys contained in the deferred prizes 29,637
trust fund in accordance with section 135.143 of the Revised 29,638
Code. 29,639
All purchases made under this division shall be effected on 29,641
a delivery versus payment method and shall be in the custody of 29,642
the treasurer of state. 29,643
The treasurer of state may retain an investment advisor, if 29,645
necessary. The commission shall pay any costs incurred by the 29,646
treasurer of state in retaining an investment advisor. 29,647
(D) The auditor of state shall conduct annual audits of 29,650
all funds and such other audits as the auditor of state or the 29,651
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 29,652
commission, and such records of lottery sales agents as pertain 29,653
to their activities as agents, for purposes of conducting 29,654
authorized audits.
The state lottery commission shall establish an internal 29,656
audit program before the beginning of each fiscal year, subject 29,657
to the approval of the auditor of state. At the end of each 29,658
fiscal year, the commission shall prepare and submit an annual 29,659
report to the auditor of state for the auditor of state's review 29,660
and approval, specifying the internal audit work completed by the 29,661
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 29,662
report shall be prescribed by the auditor of state under division 29,663
(C) of section 117.20 of the Revised Code. 29,664
Sec. 3773.43. The Ohio athletic commission shall charge 29,673
669
the following fees:
(A) For an application for or renewal of a promoter's 29,675
license for public boxing matches or exhibitions, fifty dollars. 29,676
(B) For an application for or renewal of a license to 29,678
participate in a public boxing match or exhibition as a 29,679
contestant, or as a referee, judge, matchmaker, manager, 29,680
timekeeper, trainer, or second of a contestant, ten dollars. 29,681
(C) For a permit to conduct a public boxing match or 29,683
exhibition, ten dollars. 29,684
(D) For an application for or renewal of a promoter's 29,686
license for professional wrestling matches or exhibitions, one 29,687
hundred dollars.
(E) For a permit to conduct a professional wrestling match 29,689
or exhibition, fifty dollars. 29,690
The commission, subject to the approval of the controlling 29,692
board, may establish fees in excess of the amounts provided in 29,693
this section, provided that such fees do not exceed the amounts 29,694
permitted by this section by more than twenty-five per cent. 29,695
The fees prescribed by this section shall be paid to the 29,697
treasurer of state, who shall deposit the fees in the general 29,698
revenue OCCUPATIONAL LICENSING AND REGULATORY fund. 29,699
Sec. 3773.56. The Ohio athletic commission may appoint an 29,709
executive director and employ such persons as are necessary to 29,710
administer sections 3773.31 to 3773.57 of the Revised Code and 29,711
fix their compensation. Such executive director and employees 29,712
shall serve in the unclassified status and at the pleasure of the 29,713
commission.
The tax ALL RECEIPTS received by the commission under 29,715
section 3773.54 SECTIONS 3773.31 TO 3773.57 of the Revised Code 29,716
shall be deposited in the general revenue OCCUPATIONAL LICENSING 29,717
AND REGULATORY fund. All vouchers of the commission shall be 29,718
signed APPROVED by the chairperson of the commission. 29,720
Sec. 3781.061. Whenever a county zoning inspector under 29,729
section 303.16 of the Revised Code, or a township zoning 29,731
670
inspector under section 519.16 of the Revised Code, issues a 29,732
zoning certificate that declares a specific building or structure 29,734
is to be used in agriculture, such building is not subject to
sections 3781.06 to 3781.21 3781.20 or 3791.04 of the Revised 29,735
Code. 29,736
Sec. 3781.182. No person shall complete any building, 29,745
structure, or dwelling, for which rules establishing standards 29,746
relating to the conservation of energy have been adopted pursuant 29,748
to sections 3781.10 and 3781.181 of the Revised Code, that is 29,749
newly constructed and that does not meet the standards 29,750
established in those rules.
Whoever violates this section shall be liable in damages, 29,752
and may also be required to pay reasonable attorney's fees and 29,753
court costs, to any person purchasing a dwelling newly 29,754
constructed after the effective date of the rules adopted 29,755
pursuant to section 3781.10 or 3781.181 of the Revised Code 29,756
establishing standards relating to the conservation of energy in 29,757
such dwellings and that does not meet the standards established 29,759
in those rules FINED NOT MORE THAN ONE THOUSAND DOLLARS. 29,760
Sec. 3793.10. A drivers' intervention program may be used 29,769
as an alternative to a term of imprisonment for an offender 29,770
sentenced pursuant to division (A)(1) of section 4511.99 of the 29,771
Revised Code, if it is certified by the director of alcohol and 29,772
drug addiction services pursuant to this section. No drivers' 29,773
intervention program shall be used as an alternative to a term of 29,774
imprisonment that is imposed pursuant to division (A)(2), (3), or 29,776
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 29,778
funds from the drivers' treatment ALCOHOL and intervention DRUG 29,780
ADDICTION SERVICES fund created by division (L) of section 29,781
4511.191 3793.21 of the Revised Code in any amounts and at any 29,782
times that the director determines are appropriate, a drivers' 29,783
intervention program shall meet state minimum standards that the 29,784
director shall establish by rule. The rules shall include, but 29,785
671
are not limited to, standards governing program course hours and 29,786
content, qualifications of program personnel, methods of 29,787
identifying and testing participants to isolate participants with 29,788
alcohol and drug abuse problems, referral of such persons to 29,789
alcohol and drug addiction programs, the prompt notification of 29,790
courts by program operators of the completion of the programs by 29,791
persons required by courts to attend them, and record keeping, 29,792
including methods of tracking participants for a reasonable time 29,793
after they have left the program. 29,794
The director shall issue a certificate to any qualified 29,796
drivers' intervention program. The certificate shall be valid 29,797
for three years. 29,798
Sec. 3793.21. THERE IS HEREBY CREATED IN THE STATE 29,800
TREASURY THE ALCOHOL AND DRUG ADDICTION SERVICES FUND. THE FUND 29,801
SHALL CONSIST OF THE MONEY SPECIFIED IN DIVISION (B)(4) OF 29,803
SECTION 4301.10, SECTION 4301.30, DIVISIONS (L)(2)(a) AND (c) OF 29,806
SECTION 4511.191, AND DIVISION (D)(1) OF SECTION 4511.83 OF THE 29,809
REVISED CODE. 29,810
THE DIRECTOR OF ALCOHOL AND DRUG ADDICTION SERVICES SHALL 29,812
USE THE MONEY IN THE FUND FOR THE PROGRAMS AND SERVICES PROVIDED 29,813
PURSUANT TO THIS CHAPTER AND FOR ADMINISTRATIVE, QUALITY 29,814
ASSURANCE, AND PLANNING PURPOSES. MONEY IN THE FUND ATTRIBUTABLE 29,816
TO DIVISION (L)(2)(a) OR (c) OF SECTION 4511.191 OR DIVISION 29,819
(D)(1) OF SECTION 4511.83 OF THE REVISED CODE SHALL BE USED ONLY 29,821
FOR ALCOHOL AND DRUG ADDICTION PROGRAMS AUTHORIZED BY SECTION 29,822
3793.02 OF THE REVISED CODE AND DRIVERS' INTERVENTION PROGRAMS 29,825
AUTHORIZED BY SECTION 3793.10 OF THE REVISED CODE. IN PLANNING 29,827
FOR THE ALLOCATION OF AND IN ALLOCATING MONEY IN THE FUND, THE 29,828
DIRECTOR SHALL COMPLY WITH THE NONDISCRIMINATION PROVISIONS OF 29,830
TITLE VI OF THE "CIVIL RIGHTS ACT OF 1964," 78 STAT. 241, 42 29,836
U.S.C.A. 1971, AS AMENDED, AND ANY RULES ADOPTED THEREUNDER. 29,837
Sec. 3901.17. (A) As used in this section: 29,846
(1) "Insurer" includes, but is not limited to, any person 29,848
that is an affiliate of or affiliated with the insurer, as 29,849
672
defined in division (A) of section 3901.32 of the Revised Code, 29,850
and any person that is a subsidiary of the insurer as defined in 29,851
division (F) of section 3901.32 of the Revised Code. 29,852
(2) "Laws of this state relating to insurance" has the 29,854
meaning defined in division (A)(1) of section 3901.04 of the 29,855
Revised Code. 29,856
(3) "Person" has the meaning defined in division (A) of 29,858
section 3901.19 of the Revised Code. 29,859
(B) Any of the following acts in this state, effected by 29,861
mail or otherwise, by any foreign or alien insurer not authorized 29,862
to transact business within this state, any nonresident person 29,863
acting on behalf of an insurer, or any nonresident insurance 29,864
agent subjects the insurer, person, or agent to the exercise of 29,865
personal jurisdiction over the insurer, person, or agent to the 29,866
extent permitted by the constitutions of this state and of the 29,867
United States: 29,868
(1) Issuing or delivering contracts of insurance to 29,870
residents of this state or to corporations authorized to do 29,871
business therein; 29,872
(2) Making or proposing to make any insurance contracts; 29,874
(3) Soliciting, taking, or receiving any application for 29,876
insurance; 29,877
(4) Receiving or collecting any premium, commission, 29,879
membership fee, assessment, dues, or other consideration for any 29,880
insurance contract or any part thereof; 29,881
(5) Disseminating information as to coverage or rates, 29,883
forwarding applications, inspecting risks, fixing rates, 29,884
investigating or adjusting claims or losses, transacting any 29,885
matters subsequent to effecting a contract of insurance and 29,886
arising out of it; 29,887
(6) Doing any kind of business recognized as constituting 29,889
the doing of an insurance business under Title XXXIX of the 29,890
Revised Code or subject to regulation by the superintendent of 29,891
insurance under the laws of this state relating to insurance. 29,892
673
Any such act shall be considered to be the doing of an 29,894
insurance business in this state by such insurer, person, or 29,895
agent and shall be its agreement that service of any lawful 29,896
subpoena, notice, order, or process is of the same legal force 29,897
and validity as personal service of such THE subpoena, notice, 29,898
order, or process in this state upon such THE insurer, person, or 29,900
agent. 29,901
(C) Service of process in judicial proceedings shall be as 29,903
provided by the Rules of Civil Procedure. Service in or out of 29,904
this state of notice, orders, or subpoenas in administrative 29,905
proceedings before the superintendent of insurance shall be as 29,906
provided in section 3901.04 of the Revised Code. 29,907
(D) Service of any notice, order, subpoena, or process in 29,909
any such action, suit, or proceeding shall, in addition to the 29,910
manner provided in division (C) of this section, be valid if 29,911
served upon any person within this state who, in this state on 29,912
behalf of such insurer, person, or agent is or has been: 29,913
(1) Soliciting, procuring, effecting, or negotiating for 29,915
insurance; 29,916
(2) Making, issuing, or delivering any contract of 29,918
insurance; 29,919
(3) Collecting or receiving any premium, membership fees, 29,921
assessment, dues, or other consideration for insurance; 29,922
(4) Disseminating information as to coverage or rates, 29,924
forwarding applications, inspecting risks, fixing rates, 29,925
investigating or adjusting claims or losses, or transacting any 29,926
matters subsequent to effecting a contract of insurance and 29,927
arising out of it. 29,928
(E) Nothing in this section shall limit or abridge the 29,930
right to serve any subpoena, order, process, notice, or demand 29,931
upon any insurer, person, or agent in any other manner permitted 29,932
by law. 29,933
(F) Every person investigating or adjusting any loss or 29,935
claim under a policy of insurance not excepted under division (I) 29,936
674
of this section and issued by any such insurer and covering a 29,937
subject of insurance which THAT was resident, located, or to be 29,938
performed in this state at the time of issuance shall immediately 29,939
report such THE policy to the superintendent. 29,940
(G) Each such insurer who THAT does any of the acts set 29,942
forth in division (B) of this section in this state by mail or 29,943
otherwise shall be subject to a tax of five per cent on the gross 29,944
premiums, membership fees, assessments, dues, and other 29,945
considerations received on all contracts of insurance covering 29,946
subjects of insurance resident, located, or to be performed 29,947
within this state. Such insurer shall annually, on OR BEFORE the 29,949
first day of July, or within ten days thereafter, return to the 29,950
superintendent a statement under oath, in such detail as the 29,951
superintendent may require, with respect to all such premiums, 29,952
fees, assessments, dues, and other considerations for the 29,953
preceding twelve-month period and shall at the same time pay such 29,954
tax to the superintendent TREASURER OF STATE, AS CALCULATED ON A 29,956
FORM PRESCRIBED BY THE TREASURER OF STATE. If such THE tax is 29,958
not paid when due, such THE tax shall be increased by a penalty 29,959
of twenty-five per cent. An interest charge computed as set forth 29,961
in section 5725.221 of the Revised Code shall be made on the 29,962
entire sum of the tax plus penalty, which interest shall be 29,963
computed from the date such THE tax is due until it is paid. The 29,965
superintendent TREASURER OF STATE shall determine and report all 29,967
claims for penalties and interest accruing under this section to 29,968
the attorney general for collection.
FOR PURPOSES OF THIS DIVISION, PAYMENT IS CONSIDERED MADE 29,971
WHEN IT IS RECEIVED BY THE TREASURER OF STATE, IRRESPECTIVE OF 29,972
ANY UNITED STATES POSTAL SERVICE MARKING OR OTHER STAMP OR MARK 29,974
INDICATING THE DATE ON WHICH THE PAYMENT MAY HAVE BEEN MAILED. 29,975
(H) No contract of insurance effected in this state by 29,977
mail or otherwise by any such insurer is enforceable by such THE 29,979
insurer.
(I) This section does not apply to: 29,981
675
(1) Insurance obtained pursuant to sections 3905.30 to 29,983
3905.36 of the Revised Code; 29,984
(2) The transaction of reinsurance by insurers; 29,986
(3) Transactions in this state involving a policy 29,988
solicited, written, and delivered outside this state covering 29,989
only subjects of insurance not resident, located, or to be 29,990
performed in this state at the time of issuance, provided such 29,991
transactions are subsequent to the issuance of such THE policy; 29,992
(4) Transactions in this state involving a policy of group 29,994
life or group accident and sickness insurance solicited, written, 29,995
and delivered outside this state; 29,996
(5) Transactions involving contracts of insurance 29,998
independently procured through negotiations occurring entirely 29,999
outside this state which are reported to the superintendent of 30,000
insurance and with respect to which the tax provided by section 30,001
3905.36 of the Revised Code is paid; 30,002
(6) An attorney at law acting on behalf of his THE 30,004
ATTORNEY'S clients in the adjustment of claims or losses; 30,005
(7) Any insurance company underwriter issuing contracts of 30,007
insurance to employer insureds, employer insureds, or contracts 30,008
of insurance issued to an employer insured. For purposes of this 30,009
section, an "employer insured" is an insured to whom all of the 30,010
following apply: 30,011
(a) He THE INSURED procures the insurance of any risk or 30,013
risks by use of the services of a full-time employee acting as an 30,015
insurance manager or buyer or the services of a regularly and 30,016
continuously qualified insurance consultant;. AS USED IN 30,017
DIVISION (I)(7)(a) OF THIS SECTION, A "REGULARLY AND CONTINUOUSLY 30,019
QUALIFIED INSURANCE CONSULTANT" DOES NOT INCLUDE ANY PERSON 30,020
LICENSED UNDER CHAPTER 3905. OF THE REVISED CODE. 30,023
(b) His THE INSURED'S aggregate annual premiums for 30,025
insurance on all risks total at least twenty-five thousand 30,027
dollars; and
(c) He THE INSURED has at least twenty-five full-time 30,029
676
employees. 30,030
(8) Ocean marine insurance. 30,032
Sec. 3905.30. The superintendent of insurance may issue 30,041
licenses A SURPLUS LINE BROKER'S LICENSE to any natural person 30,043
who is a citizen of the United States and has been a resident of 30,044
this state for at least two years prior to making application for
such THE license. Such THE applicant shall also have met the 30,046
standards and passed the test provided for the issuance of a 30,048
multiple line agent's license. Such license, which shall be 30,050
known as a A surplus line broker's license, shall permit PERMITS 30,051
the person named therein IN THE LICENSE to negotiate for and 30,052
obtain insurance, other than life insurance, on property or 30,054
persons in this state in insurers not authorized to transact 30,055
business in this state. Each such license expires on the
thirty-first day of January next after the year in which it is 30,056
issued, and may be then renewed according to the standard renewal 30,057
procedure of sections 4745.01 to 4745.03, inclusive, of the 30,058
Revised Code.
Sec. 3905.33. (A) NO PERSON LICENSED UNDER SECTION 30,061
3905.30 OF THE REVISED CODE SHALL SOLICIT, PROCURE AN APPLICATION 30,062
FOR, BIND, ISSUE, RENEW, OR DELIVER A POLICY WITH ANY INSURER 30,063
THAT IS NOT ELIGIBLE TO WRITE INSURANCE ON A SURPLUS LINE BASIS 30,064
IN THIS STATE.
TO ESTABLISH THE ELIGIBILITY OF AN UNAUTHORIZED INSURER, 30,066
THE SUPERINTENDENT OF INSURANCE MAY REQUEST COPIES OF THE 30,067
INSURER'S MOST RECENT FINANCIAL STATEMENTS; INSTRUMENTS SUCH AS 30,068
DOMESTIC TRUST AGREEMENTS, POWERS OF ATTORNEY, AND INVESTMENT 30,069
MANAGEMENT CONTRACTS; BIOGRAPHIES OF THE OWNERS AND MANAGERS OF 30,070
THE INSURER; AND ANY OTHER INFORMATION THE SUPERINTENDENT
BELIEVES MAY BE HELPFUL IN DETERMINING AN INSURER'S SUITABILITY. 30,071
THE SUITABILITY OF EACH UNAUTHORIZED INSURER IS SUBJECT TO THE 30,072
CONTINUOUS SCRUTINY AND DISCRETION OF THE SUPERINTENDENT. 30,073
(B)(1) NO INSURANCE AGENT OR SURPLUS LINE BROKER SHALL 30,076
SOLICIT, PROCURE, PLACE, OR RENEW ANY INSURANCE WITH AN
677
UNAUTHORIZED INSURER UNLESS THE AGENT OR SURPLUS LINE BROKER HAS 30,077
COMPLIED WITH THE DUE DILIGENCE REQUIREMENTS OF THIS SECTION AND 30,078
IS UNABLE TO PROCURE THE REQUESTED INSURANCE FROM AN AUTHORIZED 30,079
INSURER.
DUE DILIGENCE REQUIRES THE AGENT OR SURPLUS LINE BROKER TO 30,081
CONTACT AT LEAST FIVE OF THE AUTHORIZED INSURERS THE AGENT OR 30,082
SURPLUS LINE BROKER REPRESENTS, OR AS MANY INSURERS AS THE AGENT 30,083
OR SURPLUS LINE BROKER REPRESENTS, THAT CUSTOMARILY WRITE THE 30,084
KIND OF INSURANCE REQUIRED BY THE INSURED. DUE DILIGENCE IS 30,085
PRESUMED IF DECLINATIONS ARE RECEIVED FROM EACH AUTHORIZED
INSURER CONTACTED. IF ANY AUTHORIZED INSURER FAILS TO RESPOND 30,086
WITHIN TEN DAYS AFTER THE INITIAL CONTACT, THE AGENT OR SURPLUS 30,087
LINE BROKER MAY ASSUME THE INSURER HAS DECLINED TO ACCEPT THE 30,088
RISK.
(2) AN INSURANCE AGENT OR SURPLUS LINE BROKER IS EXEMPT 30,090
FROM THE DUE DILIGENCE REQUIREMENTS OF THIS SECTION IF THE AGENT 30,091
OR SURPLUS LINE BROKER IS PROCURING INSURANCE FROM A RISK 30,092
PURCHASING GROUP OR RISK RETENTION GROUP AS PROVIDED IN CHAPTER 30,093
3960. OF THE REVISED CODE. 30,095
(C) AN INSURANCE AGENT WHO PROCURES OR PLACES INSURANCE 30,098
THROUGH A SURPLUS LINE BROKER SHALL OBTAIN AN AFFIDAVIT FROM THE 30,099
INSURED ACKNOWLEDGING THAT THE INSURANCE POLICY IS TO BE PLACED
WITH A COMPANY OR INSURER NOT AUTHORIZED TO DO BUSINESS IN THIS 30,100
STATE AND ACKNOWLEDGING THAT, IN THE EVENT OF THE INSOLVENCY OF 30,101
THE INSURER, THE INSURED IS NOT ENTITLED TO ANY BENEFITS OR 30,102
PROCEEDS FROM THE OHIO INSURANCE GUARANTY ASSOCIATION. THE 30,103
AFFIDAVIT MUST BE ON A FORM PRESCRIBED BY THE SUPERINTENDENT. 30,104
THE AGENT SHALL SUBMIT THE ORIGINAL AFFIDAVIT TO THE SURPLUS LINE 30,105
BROKER WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE POLICY. 30,106
IF NO OTHER AGENT IS INVOLVED, THE SURPLUS LINE BROKER SHALL 30,107
OBTAIN THE AFFIDAVIT FROM THE INSURED.
THE SURPLUS LINE BROKER SHALL KEEP THE ORIGINAL AFFIDAVIT, 30,109
AND THE ORIGINATING AGENT SHALL KEEP A COPY OF THE AFFIDAVIT, FOR 30,110
AT LEAST FIVE YEARS AFTER THE EFFECTIVE DATE OF THE POLICY TO 30,111
678
WHICH THE AFFIDAVIT PERTAINS. A COPY OF THE AFFIDAVIT SHALL BE 30,112
GIVEN TO THE INSURED AT THE TIME THE INSURANCE IS BOUND OR A 30,113
POLICY IS DELIVERED.
(D) THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH 30,116
CHAPTER 119. OF THE REVISED CODE TO CARRY OUT THE PURPOSES OF 30,118
SECTIONS 3905.30 TO 3905.38 OF THE REVISED CODE. 30,120
Sec. 3905.34. Each person licensed under section 3905.30 30,129
of the Revised Code shall keep a separate account of the business 30,130
done under his THE PERSON'S license, a certified copy of which 30,132
account he. WITHIN THIRTY DAYS AFTER THE END OF EACH QUARTER, 30,133
EACH SURPLUS LINE BROKER shall forthwith, on issuing any such 30,136
policy, file THAT ACCOUNT with the superintendent of insurance, 30,137
showing. THE ACCOUNT MUST SHOW the amount of such insurance, the 30,139
name of the insured, a brief description of the type of
insurance, the location of the property, the gross premium 30,140
charged, the name of the insurer, the date of the policy and term 30,141
thereof, and a report in the same detail of all such policies 30,142
canceled and the gross return premiums thereon. 30,143
Sec. 3905.35. Before receiving a license under section 30,152
3905.30 of the Revised Code, the person named therein IN THE 30,153
LICENSE shall execute and deliver to the superintendent of 30,155
insurance a bond in the sum of twenty-five thousand dollars,
payable to the state with at least two sureties, approved by the 30,156
superintendent and conditioned that such THE person will 30,157
faithfully comply with sections 3905.30 to 3905.35, inclusive, of 30,159
the Revised Code, and will annually file with the superintendent 30,161
in January, a sworn statement of the gross premiums charged for
insurance procured or placed, and the gross premiums on such 30,162
insurance canceled under such license during the year ending on 30,163
the thirty-first day of December last preceding, and at the time 30,164
of filing such statement will pay to the superintendent an amount 30,165
equal to five per cent of the balance of such gross premiums 30,166
after deducting such return premiums so reported. Such tax shall 30,167
be collected from the insured by the surplus line broker placing
679
such policy of insurance at the time of the delivery of the 30,168
policy to the insured. No license issued under section 3905.30 30,169
of the Revised Code shall be renewed until such reports and tax 30,170
have been filed and paid in full. The bond required by this 30,171
section shall be ISSUED BY AN INSURANCE COMPANY AUTHORIZED TO 30,172
TRANSACT SURETY BUSINESS IN THIS STATE, BE ON A FORM PRESCRIBED 30,173
BY THE SUPERINTENDENT, AND BE deposited with the superintendent 30,175
and kept in his THE SUPERINTENDENT'S office. 30,176
Sec. 3905.36. Every insured association, company, or 30,185
corporation, OR OTHER PERSON that enters, directly or indirectly, 30,187
into any agreements with any insurance company, association, 30,188
individual, firm, underwriter, or Lloyd, not authorized to do 30,189
business in this state, whereby the insured shall procure, 30,190
continue, or renew contracts of insurance covering subjects of 30,191
insurance resident, located, or to be performed within this 30,192
state, with such unauthorized insurance company, association, 30,193
individual, firm, underwriter, or Lloyd, for which insurance 30,194
there is a premium, membership fee, assessment, dues, or other 30,195
consideration charged or collected, shall annually, on OR BEFORE 30,196
the first day of July or within ten days thereafter, return to 30,198
the superintendent of insurance a statement under oath showing 30,199
the name and address of the insured, name and address of the 30,200
insurer, subject of the insurance, general description of the 30,201
coverage, and amount of premium, fee, assessment, dues, or other 30,202
consideration for such insurance for the preceding twelve-month 30,203
period and shall at the same time pay to the superintendent 30,204
TREASURER OF STATE a tax of five per cent of such premium, fee, 30,206
assessment, dues, or other consideration, AS CALCULATED ON A FORM 30,207
PRESCRIBED BY THE TREASURER OF STATE. All taxes collected under 30,208
this section by the superintendent TREASURER OF STATE shall be 30,209
paid into the general revenue fund. If such THE tax is not paid 30,210
when due, such THE tax shall be increased by a penalty of 30,212
twenty-five per cent. An interest charge of six per cent per 30,214
annum COMPUTED AS SET FORTH IN SECTION 5725.221 OF THE REVISED 30,215
680
CODE shall be made on the entire sum of the tax plus penalty, 30,216
which interest shall be computed from the date such THE tax is 30,217
due until it is paid. The superintendent shall determine and 30,219
report all claims for penalties and interest accruing under this 30,220
section as provided in section 131.02 of the Revised Code FOR 30,222
PURPOSES OF THIS SECTION, PAYMENT IS CONSIDERED MADE WHEN IT IS 30,223
RECEIVED BY THE TREASURER OF STATE, IRRESPECTIVE OF ANY UNITED 30,225
STATES POSTAL SERVICE MARKING OR OTHER STAMP OR MARK INDICATING 30,226
THE DATE ON WHICH THE PAYMENT MAY HAVE BEEN MAILED. This section 30,227
does not apply to: 30,228
(A) Insurance obtained pursuant to sections 3905.30 to 30,230
3905.35 of the Revised Code; 30,231
(B) Transactions in this state involving a policy 30,233
solicited, written, and delivered outside this state covering 30,234
only subjects of insurance not resident, located, or to be 30,235
performed in this state at the time of issuance, provided such 30,236
transactions are subsequent to the issuance of such THE policy; 30,237
(C) Attorneys-at-law acting on behalf of their clients in 30,239
the adjustment of claims or losses; 30,240
(D) Any insurance company underwriter issuing contracts of 30,242
insurance to employer insureds, employer insureds, or contracts 30,243
of insurance issued to an employer insured. For purposes of this 30,244
section an "employer insured" is an insured: 30,245
(1) Who procures the insurance of any risk or risks by use 30,247
of the services of a full-time employee acting as an insurance 30,248
manager or buyer or the services of a regularly and continuously 30,249
qualified insurance consultant;. AS USED IN DIVISION (D)(1) OF 30,251
THIS SECTION, A "REGULARLY AND CONTINUOUSLY QUALIFIED INSURANCE 30,252
CONSULTANT" DOES NOT INCLUDE ANY PERSON LICENSED UNDER CHAPTER 30,254
3905. OF THE REVISED CODE. 30,256
(2) Whose aggregate annual premiums for insurance on all 30,258
risks total at least twenty-five thousand dollars; and 30,259
(3) Who has at least twenty-five full-time employees. 30,261
EACH PERSON LICENSED UNDER SECTION 3905.30 OF THE REVISED 30,265
681
CODE SHALL PAY TO THE TREASURER OF STATE, ON OR BEFORE THE 30,266
THIRTY-FIRST DAY OF JANUARY OF EACH YEAR, FIVE PER CENT OF THE 30,268
BALANCE OF THE GROSS PREMIUMS CHARGED FOR INSURANCE PLACED OR 30,269
PROCURED UNDER THE LICENSE AFTER A DEDUCTION FOR RETURN PREMIUMS, 30,270
AS REPORTED ON A FORM PRESCRIBED BY THE TREASURER OF STATE. THE 30,271
TAX SHALL BE COLLECTED FROM THE INSURED BY THE SURPLUS LINE 30,272
BROKER WHO PLACED OR PROCURED THE POLICY OF INSURANCE AT THE TIME 30,273
THE POLICY IS DELIVERED TO THE INSURED. NO LICENSE ISSUED UNDER 30,274
SECTION 3905.30 OF THE REVISED CODE SHALL BE RENEWED UNTIL 30,276
PAYMENT IS MADE. FOR PURPOSES OF THIS SECTION, PAYMENT IS 30,278
CONSIDERED MADE WHEN IT IS RECEIVED BY THE TREASURER OF STATE, 30,279
IRRESPECTIVE OF ANY UNITED STATES POSTAL SERVICE MARKING OR OTHER 30,282
STAMP OR MARK INDICATING THE DATE ON WHICH THE PAYMENT MAY HAVE 30,283
BEEN MAILED.
Sec. 3905.37. No person, company, association, or 30,292
corporation shall fail to make the report required in section 30,293
3905.36 of the Revised Code and to furnish all the information 30,294
that is required by the superintendent of insurance TREASURER OF 30,295
STATE to determine the amount due under said THAT section. 30,296
Sec. 3917.01. (A) Group life insurance is that form of 30,305
life insurance covering not less than ten employees with or 30,306
without medical examination, written under a policy issued to the 30,307
employer, or to a trustee of a trust created by such employer, 30,308
the premium on which is to be paid by the employer, by the 30,309
employer and employees jointly, or by such trustee out of funds 30,310
contributed by the employer or by the employer and employees 30,311
jointly, and insuring only all of his THE EMPLOYER'S employees or 30,313
all of any classes thereof, determined by sex, age, or conditions 30,314
pertaining to the employment, for amounts of insurance based upon 30,315
some plan which will preclude individual selection, for the 30,316
benefit of persons other than the employer; but when the premium 30,317
is to be paid by the employer and employee jointly and the 30,318
benefits of the policy are offered to all eligible employees, not 30,319
less than seventy-five per cent of such employees may be so 30,320
682
insured. Such group policy may provide that "employees" includes 30,321
retired employees of the employer and the officers, managers, 30,322
employees, and retired employees of subsidiary or affiliated 30,323
corporations and the individual proprietors, partners, employees, 30,324
and retired employees of affiliated individuals and firms, when 30,325
the business of such subsidiary or affiliated corporations, 30,326
firms, or individuals is controlled by the common employer 30,327
through stock ownership, contract, or otherwise. This section 30,328
does not define as a group the lives covered by a policy issued 30,329
on more than one life which provides for payments upon the death 30,330
of any one or more or upon the death of each of the lives so 30,331
insured, and upon which the premium rates charged are computed on 30,332
the same basis as used by the issuing company on single life 30,333
policies and upon its regular forms of insurance. 30,334
(B) As used in sections 3917.01 to 3917.06 of the Revised 30,336
Code, the following forms of life insurance are group life 30,337
insurance: 30,338
(1) Life insurance covering the members of one or more 30,340
companies, batteries, troops, battalions, divisions, or other 30,341
units of the national guard or naval militia of any state, 30,342
written under a policy issued to the commanding general of the 30,343
national guard or commanding officer of the naval militia, who is 30,344
the employer for the purposes of such sections, the premium on 30,345
which is to be paid by the members of such units for the benefit 30,346
of persons other than the employer; provided that when the 30,347
benefits of the policy are offered to all eligible members of a 30,348
unit of the national guard or naval militia, not less than 30,349
seventy-five per cent of the members of such a unit may be 30,350
insured; 30,351
(2) Life insurance covering the members of one or more 30,353
troops or other units of the state troopers or state police of 30,354
any state, written under a policy issued to the commanding 30,355
officer of the state troopers or state police who is the employer 30,356
for the purposes of such sections, the premium on which is to be 30,357
683
paid by the members of such units for the benefit of persons 30,358
other than the employer; provided that when the benefits of the 30,359
policy are offered to all eligible members of a unit of the state 30,360
troopers or state police, not less than seventy-five per cent of 30,361
the members of such a unit may be insured; 30,362
(3) Life insurance covering the members of any labor 30,364
union, written under a policy issued to such union which is the 30,365
employer for the purposes of such sections, the premium on which 30,366
is to be paid by the union or by the union and its members 30,367
jointly, and insuring only all of its members, who are actively 30,368
engaged in the same occupation, for amounts of insurance based 30,369
upon some plan which will preclude individual selection, for the 30,370
benefit of persons other than the union or its officials; 30,371
provided that in case the insurance policy is cancellable at the 30,372
end of any policy year at the option of the insurance company and 30,373
that the basis of premium rates may be changed by the insurance 30,374
company at the beginning of any policy year, all members of a 30,375
labor union may be insured; and provided that when the premium is 30,376
to be paid by the union and its members jointly and the benefits 30,377
are offered to all eligible members, not less than seventy-five 30,378
per cent of such members may be insured; and provided that when 30,379
members apply and pay for additional amounts of insurance, a 30,380
smaller percentage of members may be insured for such additional 30,381
amounts if they pass satisfactory medical examinations or submit 30,382
satisfactory evidence of insurability; 30,383
(4) Life insurance written under a policy issued to a 30,385
creditor, who shall be deemed the policyholder, to insure debtors 30,386
of the creditor, subject to the following requirements: 30,387
(a) The debtors eligible for insurance under the policy 30,389
shall be all of the debtors of the creditor whose indebtedness is 30,390
repayable in installments over a period of not more than ten 30,391
years, or, in the case of debtors of the creditor whose 30,392
indebtedness has been incurred in the acquisition of a mobile 30,393
home, fifteen years, excepting that no debtor is eligible unless 30,395
684
the indebtedness constitutes an obligation to repay which THAT is 30,397
binding upon him THE DEBTOR during his THE DEBTOR'S lifetime at 30,398
and from the date the insurance becomes effective upon his THE 30,399
DEBTOR'S life. The policy may provide that "debtors" includes 30,400
the debtors of one or more subsidiary corporations and the
debtors of one or more affiliated corporations, proprietors, or 30,401
partnerships if the business of the policyholder and of such 30,403
affiliated corporations, proprietors, or partnerships is under 30,404
common control through stock ownership, contract, or otherwise. 30,405
(b) The premium for the policy shall be paid by the 30,407
policyholder, either from the creditor's funds, or from charges 30,408
collected from the insured debtors, or from both. A policy on 30,409
which part or all of the premium is to be derived from the 30,410
collection from the insured debtors of identifiable charges not 30,411
required of uninsured debtors shall not include debtors under 30,412
obligations outstanding at its date of issue without evidence of 30,413
individual insurability unless at least seventy-five per cent of 30,414
the then eligible debtors elect to pay the required charges. A 30,415
policy on which no part of the premium is to be derived from the 30,416
collection of such identifiable charges must insure all eligible 30,417
debtors, or all except any as to whom evidence of individual 30,418
insurability is not satisfactory to the insurer. 30,419
(c) The policy may be issued only if the group of eligible 30,421
debtors is then receiving new entrants at the rate of at least 30,422
one hundred persons yearly, or may reasonably be expected to 30,423
receive at least one hundred new entrants during the first policy 30,424
year, and continues to receive not less than one hundred new 30,425
entrants to the group yearly, and only if the policy reserves to 30,426
the insurer the right to require evidence of individual 30,427
insurability if less than seventy-five per cent of the new 30,428
entrants become insured. The policy may exclude from the classes 30,429
eligible for insurance classes of debtors determined by age. 30,430
(d) The amount of insurance on the life of any debtor may 30,432
be determined by the age of the debtor based upon a plan which 30,433
685
will preclude individual selection and shall at no time exceed 30,434
the amount owed by him which THE DEBTOR THAT is repayable in 30,435
installments to the creditor, or fifty thousand dollars, 30,436
whichever is less. 30,437
(e) The insurance shall be payable to the policyholder. 30,439
Such payment shall reduce or extinguish the unpaid indebtedness 30,440
of the debtor to the extent of such payment. 30,441
(5) Life insurance covering the members of any duly 30,443
organized corporation or association of veterans or veteran 30,444
society or association of the World War veterans, written under a 30,445
policy issued to such corporation, association, or society which 30,446
is the employer for the purpose of such sections, the premium on 30,447
which is to be paid by the corporation, association, society, and 30,448
its members jointly, and insuring all of its members who are 30,449
actively engaged in any occupation for amounts of insurance based 30,450
upon some plan which will preclude individual selection for the 30,451
benefit of persons other than the corporation, association, or 30,452
society or its officials; provided that when the premium is to be 30,453
paid by the corporation, association, or society and its members 30,454
jointly and the benefits are offered to all eligible members, not 30,455
less than seventy-five per cent of such members may be insured; 30,456
and provided that when members apply and pay for additional 30,457
amounts of insurance, a smaller percentage of members may be 30,458
insured for such additional amounts if they pass satisfactory 30,459
medical examinations or submit satisfactory evidence of 30,460
insurability; 30,461
(6) Life insurance covering the members of any 30,463
organization of agriculturists or horticulturists organized under 30,464
the co-operative laws of this state, written under a policy 30,465
issued to such co-operative association which is the employer for 30,466
the purpose of such sections, the premium on which is to be paid 30,467
by the association or by the association and its members jointly, 30,468
and insuring all of its members who are actively engaged in 30,469
agricultural or horticultural pursuits, for an amount of 30,470
686
insurance based upon some plan which will preclude individual 30,471
selection, and for the benefit of persons other than the 30,472
association or its officials; provided that when the premium is 30,473
to be paid by the corporation, association, or society and its 30,474
members jointly and the benefits are offered to all eligible 30,475
members, not less than seventy-five per cent of such members may 30,476
be insured; provided that when members apply and pay for 30,477
additional amounts of insurance, a smaller percentage of members 30,478
may be insured for such additional amounts if they pass 30,479
satisfactory medical examinations or submit satisfactory evidence 30,480
of insurability; 30,481
(7) Life insurance covering employees of a political 30,483
subdivision or district of this state, or of an educational or 30,484
other institution supported in whole or in part by public funds, 30,485
or of any classes thereof, determined by conditions pertaining to 30,486
employment, or of this state or any department or division 30,487
thereof, written under a policy issued to such political 30,488
subdivision, district, or institution, or the proper official or 30,489
board of this state or of such state department or division 30,490
thereof, which is the employer for the purpose of such sections, 30,491
the premium on which is to be paid by such employees, unless 30,492
otherwise provided by law, charter, or ordinance, for the benefit 30,493
of persons other than the employer; provided that when the 30,494
benefits of the policy are offered to all eligible employees of a 30,495
political subdivision or district of the state or of an 30,496
educational or other institution supported in whole, or in part 30,497
by public funds, or of this state or a state department or 30,498
division thereof, not less than seventy-five per cent of such 30,499
employees may be insured; and provided that when employees apply 30,500
and pay for additional amounts of insurance, a smaller percentage 30,501
of employees may be insured for such additional amounts if they 30,502
pass satisfactory medical examinations or submit satisfactory 30,503
evidence of insurability; and provided that upon acquisition by a 30,504
political subdivision of any privately owned property or 30,505
687
enterprise, the employees of which have been covered by a group 30,506
policy of life or other insurance as employees of such private 30,507
employer, such political subdivision and insurance company may 30,508
continue such contract in force upon similar conditions as the 30,509
last preceding private employer; 30,510
(8) Life insurance covering the members, or the members 30,512
and the employees of members of any duly organized association, 30,513
other than an association subject to any other provision of this 30,514
division, written under a policy issued to such association, 30,515
which association is the employer for the purpose of such 30,516
sections, the premium on which is to be paid by the insured 30,517
members or their employees, insuring members and their employees 30,518
for amounts of insurance based upon some plan which will preclude 30,519
individual selection except as provided in this section, for the 30,520
benefit of persons other than the association; provided the 30,521
association has been in existence for at least two years 30,522
immediately preceding the purchase of the insurance; provided 30,523
that there must be at least fifty insured members in any group; 30,524
and provided that the association has been organized and is 30,525
maintained in good faith for purposes other than that of 30,526
obtaining insurance; 30,527
(9) Life insurance issued to trustees of a trust fund 30,529
established jointly by one or more employers in the same 30,530
industry, on the one hand, and one or more labor unions 30,531
representing as bargaining agents employees of such employers, on 30,532
the other hand, or by two or more employers in the same industry, 30,533
or by two or more labor unions, which trustees shall be deemed 30,534
the policyholder to insure employees of the employers or members 30,535
of unions for the benefit of persons other than the employers or 30,536
the unions or the trustees, subject to the following 30,537
requirements: 30,538
(a) The persons eligible for such insurance shall be all 30,540
of the employees of the employers, or all of the members of the 30,541
unions, or all of any class of such employees determined by sex, 30,542
688
age, or conditions pertaining to their employment, or to 30,543
membership in the unions, or to any or all of them. The policy 30,544
may provide that "employees" includes the retired employees of 30,545
the employer and the officers, managers, employees, and retired 30,546
employees of subsidiary or affiliated corporations and the 30,547
individual proprietors, partners, employees, and retired 30,548
employees of affiliated individuals and firms, when the business 30,549
of such subsidiary or affiliated corporations, firms, or 30,550
individuals is controlled by the common employer through stock 30,551
ownership, contract, or otherwise. The policy may provide that 30,552
"employees" includes the individual proprietor or partners if the 30,553
employer is an individual proprietor or a partnership. The policy 30,554
may provide that "employees" includes the trustees or their 30,555
employees, or both, if their duties are principally connected 30,556
with such trusteeship. 30,557
(b) The premium for the policy shall be paid by the 30,559
trustees, either wholly from funds contributed by the employers 30,560
of the insured persons, or partly from such funds and partly from 30,561
funds contributed by the insured employees. If part of the 30,562
premium is to be derived from funds contributed by the insured 30,563
employees, then such policy may be placed in force only if it 30,564
covers at least seventy-five per cent of the then eligible 30,565
employees. A policy on which no part of the premium is derived 30,566
from funds contributed by the insured employees must insure all 30,567
eligible employees. 30,568
(c) Any policy must insure at least ten persons at date of 30,570
issue. 30,571
(d) The amounts of insurance under the policy must be 30,573
based upon some plan precluding individual selection by the 30,574
insured persons or the policyholder or the employers or the 30,575
unions or the trustees. 30,576
(10) Life insurance covering the members of a credit 30,578
union, which shall be deemed to be the employer for the purposes 30,579
of this section, the premium on which is to be paid by the credit 30,580
689
union or by the credit union and its members jointly, and 30,581
insuring all of its eligible members for amounts of insurance not 30,582
in excess of the share balance as to each member, and for the 30,583
benefit of persons other than the credit union or its officers; 30,584
provided that in the determination of the eligibility of members 30,585
there may be classifications and limitations based upon age; 30,586
provided also that when the premium is to be paid by the credit 30,587
union and its members jointly and the benefits are offered to all 30,588
eligible members, not less than seventy-five per cent of such 30,589
members may be so insured; provided also that in obtaining such 30,590
insurance, the officers of the credit union shall consider 30,591
proposals from any licensed insurer; provided also that members 30,592
may be required to provide evidence of insurability satisfactory 30,593
to the insurer. 30,594
(11) Life insurance covering the members of any duly 30,596
organized corporation or association of members of the Ohio 30,597
national guard, the Ohio naval militia, and the Ohio military 30,598
reserve, which shall have been in existence for at least two 30,599
years immediately preceding the purchase of such insurance, 30,600
written under a policy issued to such corporation or association, 30,601
which corporation or association is the employer for the purpose 30,602
of such sections, the premium on which is to be paid by the 30,603
insured members, insuring members for amounts of insurance based 30,604
upon some plan which will preclude individual selection, except 30,605
as provided in this section, for the benefit of persons other 30,606
than the corporation or association, provided that there must be 30,607
at least fifty insured members in any group, and provided further 30,608
that unless seventy-five per cent of all members or one thousand 30,609
members, whichever is the lesser number, are insured, each member 30,610
must pass a satisfactory medical examination in order to be 30,611
insured; and provided that, when members apply and pay for 30,612
additional amounts of insurance, they may be insured for such 30,613
additional amounts if they pass satisfactory medical examinations 30,614
or submit satisfactory evidence of insurability. 30,615
690
(C) Any policy issued pursuant to this section, except a 30,617
policy issued to a creditor pursuant to division (B) (4) of this 30,618
section, may be extended, in the form of group term life 30,619
insurance only, to insure the spouse and dependent children of an 30,620
insured employee or member, or any class or classes thereof, 30,621
subject to the following requirements: 30,622
(1) The premiums for the group term life insurance shall 30,624
be paid by the policyholder, either from the employer, union or 30,625
association funds, or from funds contributed by the employer, 30,626
union, or association, or from funds contributed by the insured 30,627
employee or member, or from both. 30,628
(2) The amounts of insurance under the policy must be 30,630
based upon some plan precluding individual selection either by 30,631
the insured employee or member or by the policyholder, provided 30,632
that group term life insurance upon the life of a spouse or 30,633
dependent child shall not exceed the lesser of (a) ten thousand 30,634
dollars, or (b) one-half of the amount of insurance on the life 30,635
of the insured employee or member under the group policy. 30,636
(3) Upon termination of the group term life insurance with 30,638
respect to the spouse of any insured employee or member by reason 30,639
of such person's termination of employment or membership or 30,640
death, the spouse insured pursuant to this section shall have the 30,641
same conversion rights as to the group term life insurance on his 30,642
or her THE SPOUSE'S life as is provided for the insured employee 30,643
or member. 30,644
(4) Only one certificate need be issued for delivery to an 30,646
insured employee or member if a statement concerning any 30,647
dependent's coverage is included in such certificate. 30,648
Sec. 3918.01. All life CONSUMER CREDIT insurance and all 30,657
accident and health insurance ISSUED OR sold in connection with 30,659
loans or other credit transactions of less than ten years 30,660
duration and all loans or other credit transactions in connection 30,661
with the acquisition of mobile homes of not more than fifteen 30,662
years duration are FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES IS 30,663
691
subject to sections 3918.01 to 3918.13 of the Revised Code. 30,664
Except as otherwise provided in this section such insurance sold 30,665
in connection with a loan or other credit transactions of ten 30,666
years duration or more is not subject to sections 3918.01 to 30,667
3918.13 of the Revised Code, EXCEPT FOR ALL OF THE FOLLOWING: 30,668
(A) INSURANCE WRITTEN IN CONNECTION WITH A CREDIT 30,671
TRANSACTION THAT IS SECURED BY A FIRST MORTGAGE OR DEED OF TRUST
AND IS MADE TO FINANCE THE PURCHASE OF REAL PROPERTY, OR THE 30,672
CONSTRUCTION OF A DWELLING ON SUCH PROPERTY, OR TO REFINANCE A 30,673
PRIOR CREDIT TRANSACTION MADE FOR SUCH A PURPOSE; 30,674
(B) INSURANCE THAT IS SOLD AS AN ISOLATED TRANSACTION ON 30,677
THE PART OF THE INSURER AND IS NOT RELATED TO AN AGREEMENT OR 30,678
PLAN FOR INSURING DEBTORS OF THE CREDITOR;
(C) INSURANCE FOR WHICH NO IDENTIFIABLE CHARGE IS MADE TO 30,681
THE DEBTOR;
(D) INSURANCE ON ACCOUNTS RECEIVABLE. 30,683
Sec. 3918.02. As used in sections 3918.01 to 3918.13, 30,692
inclusive, of the Revised Code: 30,694
(A) "CONSUMER CREDIT INSURANCE" MEANS CREDIT LIFE 30,695
INSURANCE AND CREDIT ACCIDENT AND HEALTH INSURANCE. 30,696
(B) "Credit life insurance" means insurance on the life of 30,698
a debtor pursuant to or in connection with a specific loan or 30,700
other credit transaction.
(B)(C) "Credit accident and health insurance" means 30,701
insurance on a debtor to provide indemnity for payments becoming 30,703
due on a specific loan or other credit transaction while the 30,704
debtor is disabled as defined in the policy.
(C)(D) "Creditor" means the lender of money or vendor or 30,705
lessor of goods, services, property, rights, or privileges, for 30,707
which payment is arranged through a credit transaction or any 30,708
successor to the right, title, or interest of any such lender, 30,709
vendor, or lessor, and an affiliated, associate, or subsidiary of 30,710
any of them or any director, officer, or employee of any of them
or any other person in any way associated with any of them. 30,711
692
(D)(E) "Debtor" means a borrower of money or a purchaser 30,713
or lessee of goods, services, property, rights, or privileges for 30,715
which payment is arranged through a credit transaction. 30,716
(E)(F) "Indebtedness" means the total amount payable by a 30,718
debtor to a creditor in connection with a loan or other credit 30,720
transaction.
(F)(G) "Superintendent" means the superintendent of 30,722
insurance. 30,723
Sec. 3921.30. (A) If the superintendent of insurance 30,732
finds, upon investigation, that a domestic fraternal benefit 30,733
society has exceeded its powers, has failed to comply with any 30,734
provision of this chapter, is not fulfilling its contracts in 30,735
good faith, has a membership of less than four hundred after an 30,736
existence of one year or more, or is conducting business 30,737
fraudulently or in a manner hazardous to its members, creditors, 30,738
the public, or the business, the superintendent shall issue a 30,739
written notice to the society that sets forth the deficiency and 30,740
the reasons for the superintendent's dissatisfaction, and that 30,742
requires the society to correct the deficiency within thirty days
after receipt of the notice. If the society fails to correct the 30,743
deficiency within that thirty-day period, the superintendent 30,744
shall notify the society of its failure to correct the deficiency 30,745
and shall require the society to show cause on a date named why 30,746
it should not be enjoined from carrying on any business until the 30,747
violation complained of has been corrected, or why an action in 30,748
quo warranto should not be commenced against the society. 30,749
If on that date the society does not present good and 30,751
sufficient reasons why it should not be enjoined or why such 30,752
action should not be commenced, the superintendent may present 30,754
the facts relating thereto to the attorney general. If the
attorney general determines that the circumstances warrant, the 30,756
attorney general shall commence an action to enjoin the society 30,757
from transacting business or in quo warranto. 30,758
The court shall thereupon notify the officers of the 30,760
693
society of a hearing. If after a full hearing it appears that 30,761
the society should be enjoined or liquidated or a receiver 30,762
appointed, the court shall enter the necessary order. 30,763
(B) A society enjoined pursuant to division (A) of this 30,766
section shall not have the authority to do business until all of 30,767
the following occur:
(1) The superintendent finds that the violation complained 30,770
of has been corrected.
(2) The costs of the action have been paid by the society 30,772
if the court finds that the society was in default as charged. 30,773
(3) The court has dissolved its injunction. 30,775
(4) The superintendent has reinstated the certificate of 30,777
authority.
(C) If the court orders the society liquidated, the 30,779
society shall be enjoined from carrying on any further business, 30,780
whereupon the receiver of the society shall proceed at once to 30,781
take possession of the books, papers, money, and other assets of 30,782
the society and, under the direction of the court, shall close 30,783
the affairs of the society and distribute its funds to those 30,784
entitled to them.
(D) No action under this section shall be recognized in 30,786
any court of this state unless brought by the attorney general 30,787
upon request of the superintendent. Whenever a receiver is to be 30,789
appointed for a domestic society, the court shall appoint the
superintendent as the receiver. 30,790
(E) The provisions of this section relating to a hearing 30,792
by the superintendent, action by the attorney general at the 30,794
request of the superintendent, hearing by the court, injunction, 30,795
and receivership shall apply to any society that voluntarily 30,796
determines to discontinue business. 30,797
(F) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS 30,799
PREVENTING THE LODGES AND MEMBERS OF A SOCIETY FROM COMMENCING A 30,800
CIVIL ACTION AGAINST A SOCIETY FOR THE ENFORCEMENT OF A CONTRACT 30,801
PROVISION OR FOR THE RESOLUTION OF A DISPUTE CONCERNING AN 30,802
694
INTERPRETATION OF THE SOCIETY'S LAWS, WHICH ACTION IS NOT BASED 30,803
ON THE SUPERINTENDENT'S EXERCISE OF AUTHORITY UNDER THIS SECTION. 30,805
A SOCIETY SHALL NOT PROHIBIT A LODGE OR MEMBER FROM COMMENCING 30,806
SUCH AN ACTION AGAINST IT.
Sec. 3960.03. All of the following apply to risk retention 30,816
groups chartered and licensed in states other than this state, 30,817
which THAT seek to do business as a risk retention group in this 30,818
state: 30,819
(A) No risk retention group shall offer insurance in this 30,821
state unless it has submitted to the superintendent of insurance, 30,822
in a form satisfactory to the superintendent, all of the 30,823
following: 30,824
(1) A statement identifying the state or states in which 30,826
it is chartered and licensed as a liability insurance company, 30,827
the date of chartering, its principal place of business, and any 30,828
other information, including but not limited to, information on 30,829
its membership, that the superintendent may require to verify 30,830
that it is qualified under division (J) of section 3960.01 of the 30,831
Revised Code; 30,832
(2) A copy of its plan of operation or a feasibility study 30,834
and revisions of the plan or study submitted to the state in 30,835
which the risk retention group is chartered and licensed. 30,836
Division (A)(2) of this section does not apply to any line or 30,837
classification of liability insurance that was defined in the 30,838
federal "Product Liability Risk Retention Act of 1981," 95 Stat. 30,839
949, 15 U.S.C.A. 3901, as amended, before October 27, 1986, and 30,840
was offered before that date by any risk retention group that had 30,841
been chartered and operating for not less than three years before 30,842
that date. The risk retention group shall submit a copy of any 30,843
revision to its plan of operation or feasibility study required 30,844
by division (A)(2) of section 3960.02 of the Revised Code at the 30,845
same time that the revision is submitted to the Commissioner of 30,846
Insurance of its chartering state. 30,847
(3) A statement of registration, for which a filing fee 30,849
695
shall be determined by the superintendent, that submits it to the 30,850
jurisdiction of the superintendent and the courts of this state. 30,851
The fee shall be paid into the state treasury to the credit of 30,852
the department of insurance operating fund pursuant to section 30,853
3901.021 of the Revised Code. 30,854
(B) A risk retention group doing business in this state 30,856
shall submit to the superintendent all of the following: 30,857
(1) A copy of its financial statement submitted to the 30,859
state in which the risk retention group is chartered and 30,860
domiciled, which shall be certified by an independent public 30,861
accountant and contain a statement of opinion on loss and loss 30,862
adjustment expense reserves made by a member of the American 30,863
academy of actuaries or a qualified loss reserve specialist under 30,864
criteria established by the national association of insurance 30,865
commissioners; 30,866
(2) A copy of each examination of the group as certified 30,868
by the commissioner or public official conducting the 30,869
examination; 30,870
(3) Upon request by the superintendent, a copy of any 30,872
information or document pertaining to any outside audit performed 30,873
with respect to the group; 30,874
(4) Any information that may be required to verify, to the 30,876
superintendent's satisfaction, its continuing qualification as a 30,877
risk retention group under division (J) of section 3960.01 of the 30,878
Revised Code. 30,879
(C)(1) Agents or brokers for the risk retention group 30,881
shall report to the superintendent the premiums for direct 30,882
business for risks resident or located within this state that 30,883
they have placed with or on behalf of a risk retention group not 30,884
chartered in this state. 30,885
(2) The agent or broker shall keep a complete and separate 30,887
record of all policies procured from each risk retention group, 30,888
which record shall be open to examination by the superintendent. 30,889
These records shall, for each policy and each kind of insurance 30,890
696
provided, include the following: 30,891
(a) The limit of liability; 30,893
(b) The time period covered; 30,895
(c) The effective date; 30,897
(d) The name of the risk retention group that issued the 30,899
policy; 30,900
(e) The gross premium charged; 30,902
(f) The amount of return premiums. 30,904
(D) Every risk retention group that is not chartered in 30,906
this state shall return on DO BOTH OF THE FOLLOWING: 30,907
(1) ON OR BEFORE the first day of July to the 30,909
superintendent a statement under oath showing the name and 30,910
address of the insured, name and address of the insurer, subject 30,911
of the insurance, general description of the coverage, and the 30,912
amount of premium, fee, assessment, dues, or other consideration 30,913
for the insurance for the preceding one-year period for risks 30,914
resident or located in this state and shall at the time, pay to 30,915
the superintendent a tax TREASURER of STATE five per cent of the 30,917
premium, fee, assessment ALL PREMIUMS, FEES, ASSESSMENTS, dues, 30,918
or other consideration FOR THE PRECEDING ONE-YEAR PERIOD FOR 30,920
RISKS RESIDENT OR LOCATED IN THIS STATE, AS CALCULATED ON A FORM 30,921
PRESCRIBED BY THE TREASURER OF STATE. IF SUCH TAX IS NOT PAID 30,922
WHEN DUE, THE TAX SHALL BE INCREASED BY A PENALTY OF TWENTY-FIVE 30,923
PER CENT. AN INTEREST CHARGE COMPUTED AS SET FORTH IN SECTION 30,924
5725.221 OF THE REVISED CODE SHALL BE MADE ON THE ENTIRE SUM OF 30,927
THE TAX PLUS PENALTY, WHICH INTEREST SHALL BE COMPUTED FROM THE 30,928
DATE THE TAX IS DUE UNTIL IT IS PAID. All taxes collected under 30,930
this section by the superintendent shall be paid into the general 30,931
revenue fund. If the tax is not paid when due, the tax shall be 30,932
increased by a penalty of twenty-five per cent. An interest 30,933
charge of six per cent per year shall be made on the entire sum 30,934
of the tax plus penalty, which interest shall be computed from 30,935
the date the tax is due until it is paid. The superintendent 30,936
shall determine and report all claims for penalties and interest 30,937
697
accruing under this section as provided in section 131.02 of the 30,938
Revised Code FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, 30,940
PAYMENT IS CONSIDERED MADE WHEN IT IS RECEIVED BY THE TREASURER 30,941
OF STATE, IRRESPECTIVE OF ANY UNITED STATES POSTAL SERVICE 30,944
MARKING OR OTHER STAMP OR MARK INDICATING THE DATE ON WHICH THE 30,945
PAYMENT MAY HAVE BEEN MAILED. 30,946
(2) WITHIN THIRTY DAYS AFTER THE END OF EACH QUARTER, FILE 30,949
A STATEMENT WITH THE SUPERINTENDENT, ON A FORM PRESCRIBED BY THE 30,950
SUPERINTENDENT, SHOWING THE NAME AND ADDRESS OF THE INSURED, NAME 30,951
AND ADDRESS OF THE INSURER, SUBJECT OF THE INSURANCE, GENERAL 30,952
DESCRIPTION OF THE COVERAGE, THE AMOUNT OF PREMIUM, FEE, 30,953
ASSESSMENT, DUES, OR OTHER CONSIDERATION FOR THE INSURANCE, AND 30,954
ANY OTHER INFORMATION THE SUPERINTENDENT REQUIRES. 30,955
(E) The superintendent may examine the financial condition 30,957
of a risk retention group if the commissioner of insurance in the 30,958
state in which it is chartered and licensed has not initiated an 30,959
examination or does not initiate an examination within sixty days 30,960
after the superintendent has requested an examination. The 30,961
examination shall be conducted in an expeditious manner and in 30,962
accordance with the national association of insurance 30,963
commissioners' examiner handbook. 30,964
(F) The superintendent may issue any order appropriate in 30,966
voluntary dissolution proceedings or commence delinquency 30,967
proceedings against a risk retention group not chartered in this 30,968
state that does business in this state if the superintendent 30,969
finds, after an examination of the group under division (E) of 30,970
this section, that its financial condition is impaired. A risk 30,971
retention group that violates any provision of this chapter is 30,972
subject to fines and penalties, including revocation of its right 30,973
to do business in this state, applicable to licensed insurers 30,974
generally. In addition to complying with the requirements of 30,975
this section, any risk retention group operating in this state 30,976
prior to enactment of this section shall comply with division 30,977
(A)(1) of this section within thirty days after the effective 30,978
698
date of this section OCTOBER 26, 1989. 30,979
Sec. 4111.01. As used in sections 4111.01 to 4111.17 of 30,988
the Revised Code: 30,989
(A) "Wage" means compensation due to an employee by reason 30,991
of his employment, payable in legal tender of the United States 30,992
or checks on banks convertible into cash on demand at full face 30,993
value, subject to the deductions, charges, or allowances 30,994
permitted by rules of the administrator of the bureau of 30,995
employment services under section 4111.05 of the Revised Code. 30,996
"Wage" includes an employee's commissions of which his THE 30,997
EMPLOYEE'S employer keeps a record, but does not include 30,998
gratuities, except as provided by rules issued under section 30,999
4111.05 of the Revised Code.
"Wage" also includes the reasonable cost to the employer of 31,001
furnishing to an employee board, lodging, or other facilities, if 31,002
the board, lodging, or other facilities are customarily furnished 31,003
by the employer to his THE EMPLOYER'S employees. The cost of 31,004
board, lodging, or other facilities shall not be included as part 31,005
of wage to the extent excluded therefrom under the terms of a 31,006
bona fide collective bargaining agreement applicable to the 31,007
employee.
(B) "Employ" means to suffer or to permit to work. 31,009
(C) "Employer" means the state of Ohio, its 31,011
instrumentalities, and its political subdivisions and their 31,012
instrumentalities, any individual, partnership, association, 31,013
corporation, business trust, or any person or group of persons, 31,014
acting in the interest of an employer in relation to an employee, 31,015
but does not include an employer whose annual gross volume of 31,016
sales made for business done is less than one hundred fifty 31,017
thousand dollars, exclusive of excise taxes at the retail level 31,018
which are separately stated. 31,019
(D) "Employee" means any individual employed by an 31,021
employer but does not include: 31,022
(1) Any individual employed by the United States; 31,024
699
(2) Any individual employed as a baby-sitter in the 31,026
employer's home, or a live-in companion to a sick, convalescing, 31,027
or elderly person whose principal duties do not include 31,028
housekeeping; 31,029
(3) Any individual engaged in the delivery of newspapers 31,031
to the consumer; 31,032
(4) Any individual employed as an outside salesman 31,034
SALESPERSON compensated by commissions or in a bona fide 31,035
executive, administrative, or professional capacity as such terms 31,036
are defined by the "Fair Labor Standards Act of 1938," 52 Stat. 31,037
1060, 29 U.S.C.A. 201, as amended; 31,038
(5) Any employee employed in agriculture if the employee 31,040
is employed by an employer who did not, during any calendar 31,041
quarter during the preceding calendar year, use more than five 31,042
hundred man-days WORKER-DAYS of agricultural labor, or if the 31,043
employee is the parent, spouse, child, or other member of his THE 31,045
employer's immediate family;
(6) Any individual who works or provides personal services 31,047
of a charitable nature in a hospital or health institution for 31,048
which compensation is not sought or contemplated; 31,049
(7) A member of a police or fire protection agency or 31,051
student employed on a part-time or seasonal basis by a political 31,052
subdivision of this state; 31,053
(8) Any individual in the employ of a camp or recreational 31,055
area for children under eighteen years of age and owned and 31,056
operated by a nonprofit organization or group of organizations 31,057
described in Section 501 (c)(3) of the "Internal Revenue Code of 31,058
1954," and exempt from income tax under Section 501 (a) of that 31,059
code; 31,060
(9) ANY INDIVIDUAL EMPLOYED DIRECTLY BY THE HOUSE OF 31,062
REPRESENTATIVES OR DIRECTLY BY THE SENATE. 31,063
(E) "Occupation" means any occupation, service, trade, 31,065
business, industry, or branch or group of industries or 31,066
employment or class of employment in which individuals are 31,067
700
employed. 31,068
Sec. 4117.01. As used in this chapter: 31,077
(A) "Person," in addition to those included in division 31,079
(C) of section 1.59 of the Revised Code, includes employee 31,080
organizations, public employees, and public employers. 31,081
(B) "Public employer" means the state or any political 31,083
subdivision of the state located entirely within the state, 31,084
including, without limitation, any municipal corporation with a 31,085
population of at least five thousand according to the most recent 31,086
federal decennial census; county; township with a population of 31,087
at least five thousand in the unincorporated area of the township 31,088
according to the most recent federal decennial census; school 31,089
district; GOVERNING AUTHORITY OF A COMMUNITY SCHOOL ESTABLISHED 31,090
UNDER CHAPTER 3314. OF THE REVISED CODE; state institution of 31,091
higher learning; public or special district; state agency, 31,093
authority, commission, or board; or other branch of public 31,094
employment.
(C) "Public employee" means any person holding a position 31,096
by appointment or employment in the service of a public employer, 31,097
including any person working pursuant to a contract between a 31,098
public employer and a private employer and over whom the national 31,099
labor relations board has declined jurisdiction on the basis that 31,100
the involved employees are employees of a public employer, 31,101
except: 31,102
(1) Persons holding elective office; 31,104
(2) Employees of the general assembly and employees of any 31,106
other legislative body of the public employer whose principal 31,107
duties are directly related to the legislative functions of the 31,108
body; 31,109
(3) Employees on the staff of the governor or the chief 31,111
executive of the public employer whose principal duties are 31,112
directly related to the performance of the executive functions of 31,113
the governor or the chief executive; 31,114
(4) Persons who are members of the organized militia, 31,116
701
while on active duty; 31,117
(5) Employees of the state employment relations board; 31,119
(6) Confidential employees; 31,121
(7) Management level employees; 31,123
(8) Employees and officers of the courts, assistants to 31,125
the attorney general, assistant prosecuting attorneys, and 31,126
employees of the clerks of courts who perform a judicial 31,127
function; 31,128
(9) Employees of a public official who act in a fiduciary 31,130
capacity, appointed pursuant to section 124.11 of the Revised 31,131
Code; 31,132
(10) Supervisors; 31,134
(11) Students whose primary purpose is educational 31,136
training, including graduate assistants or associates, residents, 31,137
interns, or other students working as part-time public employees 31,138
less than fifty per cent of the normal year in the employee's 31,139
bargaining unit; 31,140
(12) Employees of county boards of election; 31,142
(13) Seasonal and casual employees as determined by the 31,144
state employment relations board; 31,145
(14) Part-time faculty members of an institution of higher 31,147
education; 31,148
(15) Employees of the state personnel board of review; 31,150
(16) Employees of the board of directors of the Ohio 31,152
low-level radioactive waste facility development authority 31,153
created in section 3747.05 of the Revised Code. 31,154
(17) Participants of the subsidized employment program 31,156
established under section 5101.82 of the Revised Code or the work 31,157
experience program established under section 5101.83 of the 31,158
Revised Code who perform a service for a public employer that the 31,159
public employer needs but is not performed by an employee of the 31,160
public employer.
(D) "Employee organization" means any labor or bona fide 31,162
organization in which public employees participate and that 31,163
702
exists for the purpose, in whole or in part, of dealing with 31,164
public employers concerning grievances, labor disputes, wages, 31,165
hours, terms, and other conditions of employment. 31,166
(E) "Exclusive representative" means the employee 31,168
organization certified or recognized as an exclusive 31,169
representative under section 4117.05 of the Revised Code. 31,170
(F) "Supervisor" means any individual who has authority, 31,172
in the interest of the public employer, to hire, transfer, 31,173
suspend, lay off, recall, promote, discharge, assign, reward, or 31,174
discipline other public employees; to responsibly direct them; to 31,175
adjust their grievances; or to effectively recommend such action, 31,176
if the exercise of that authority is not of a merely routine or 31,177
clerical nature, but requires the use of independent judgment, 31,178
provided that: 31,179
(1) Employees of school districts who are department 31,181
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 31,182
supervisors; 31,183
(2) With respect to members of a police or fire 31,185
department, no person shall be deemed a supervisor except the 31,186
chief of the department or those individuals who, in the absence 31,187
of the chief, are authorized to exercise the authority and 31,188
perform the duties of the chief of the department. Where prior 31,189
to June 1, 1982, a public employer pursuant to a judicial 31,190
decision, rendered in litigation to which the public employer was 31,191
a party, has declined to engage in collective bargaining with 31,192
members of a police or fire department on the basis that those 31,193
members are supervisors, those members of a police or fire 31,194
department do not have the rights specified in this chapter for 31,195
the purposes of future collective bargaining. The state 31,196
employment relations board shall decide all disputes concerning 31,197
the application of division (F)(2) of this section. 31,198
(3) With respect to faculty members of a state institution 31,200
of higher education, heads of departments or divisions are 31,201
supervisors; however, no other faculty member or group of faculty 31,202
703
members is a supervisor solely because the faculty member or 31,203
group of faculty members participate in decisions with respect to 31,204
courses, curriculum, personnel, or other matters of academic 31,205
policy; 31,206
(4) No teacher as defined in section 3319.09 of the 31,208
Revised Code shall be designated as a supervisor or a management 31,209
level employee unless the teacher is employed under a contract 31,210
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 31,211
Code and is assigned to a position for which a license deemed to 31,213
be for administrators under state board rules is required 31,214
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 31,216
obligation of the public employer, by its representatives, and 31,217
the representatives of its employees to negotiate in good faith 31,218
at reasonable times and places with respect to wages, hours, 31,219
terms, and other conditions of employment and the continuation, 31,220
modification, or deletion of an existing provision of a 31,221
collective bargaining agreement, with the intention of reaching 31,222
an agreement, or to resolve questions arising under the 31,223
agreement. "To bargain collectively" includes executing a 31,224
written contract incorporating the terms of any agreement 31,225
reached. The obligation to bargain collectively does not mean 31,226
that either party is compelled to agree to a proposal nor does it 31,227
require the making of a concession. 31,228
(H) "Strike" means continuous concerted action in failing 31,230
to report to duty; willful absence from one's position; or 31,231
stoppage of work in whole from the full, faithful, and proper 31,232
performance of the duties of employment, for the purpose of 31,233
inducing, influencing, or coercing a change in wages, hours, 31,234
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 31,235
dangerous or unhealthful working conditions at the place of 31,236
employment that are abnormal to the place of employment. 31,237
(I) "Unauthorized strike" includes, but is not limited to, 31,239
704
concerted action during the term or extended term of a collective 31,240
bargaining agreement or during the pendency of the settlement 31,241
procedures set forth in section 4117.14 of the Revised Code in 31,242
failing to report to duty; willful absence from one's position; 31,243
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 31,244
employment for the purpose of inducing, influencing, or coercing 31,245
a change in wages, hours, terms, and other conditions of 31,246
employment. "Unauthorized strike" includes any such action, 31,247
absence, stoppage, slowdown, or abstinence when done partially or 31,248
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 31,249
during or after the pendency of the settlement procedures set 31,250
forth in section 4117.14 of the Revised Code. 31,251
(J) "Professional employee" means any employee engaged in 31,253
work that is predominantly intellectual, involving the consistent 31,255
exercise of discretion and judgment in its performance and 31,256
requiring knowledge of an advanced type in a field of science or 31,257
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 31,258
from a general academic education or from an apprenticeship; or 31,259
an employee who has completed the courses of specialized 31,260
intellectual instruction and is performing related work under the 31,261
supervision of a professional person to become qualified as a 31,263
professional employee.
(K) "Confidential employee" means any employee who works 31,265
in the personnel offices of a public employer and deals with 31,266
information to be used by the public employer in collective 31,267
bargaining; or any employee who works in a close continuing 31,268
relationship with public officers or representatives directly 31,269
participating in collective bargaining on behalf of the employer. 31,270
(L) "Management level employee" means an individual who 31,272
formulates policy on behalf of the public employer, who 31,273
responsibly directs the implementation of policy, or who may 31,274
705
reasonably be required on behalf of the public employer to assist 31,275
in the preparation for the conduct of collective negotiations, 31,276
administer collectively negotiated agreements, or have a major 31,277
role in personnel administration. Assistant superintendents, 31,278
principals, and assistant principals whose employment is governed 31,279
by section 3319.02 of the Revised Code are management level 31,280
employees. With respect to members of a faculty of a state 31,281
institution of higher education, no person is a management level 31,282
employee because of the person's involvement in the formulation 31,283
or implementation of academic or institution policy. 31,284
(M) "Wages" means hourly rates of pay, salaries, or other 31,286
forms of compensation for services rendered. 31,287
(N) "Member of a police department" means a person who is 31,289
in the employ of a police department of a municipal corporation 31,290
as a full-time regular police officer as the result of an 31,292
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 31,293
full-time deputy sheriff appointed under section 311.04 of the 31,294
Revised Code, a township constable appointed under section 509.01 31,296
of the Revised Code, or a member of a township police district 31,297
police department appointed under section 505.49 of the Revised 31,298
Code.
(O) "Members of the state highway patrol" means highway 31,300
patrol troopers and radio operators appointed under section 31,301
5503.01 of the Revised Code. 31,302
(P) "Member of a fire department" means a person who is in 31,304
the employ of a fire department of a municipal corporation or a 31,305
township as a fire cadet, full-time regular fire fighter, or 31,306
promoted rank as the result of an appointment from a duly 31,307
established civil service eligibility list or under section 31,308
505.38, 709.012, or 737.22 of the Revised Code. 31,309
(Q) "Day" means calendar day. 31,311
Sec. 4117.02. (A) There is hereby created the state 31,320
employment relations board, consisting of three members to be 31,321
706
appointed by the governor with the advice and consent of the 31,322
senate. Members shall be knowledgeable about labor relations or 31,323
personnel practices. No more than two of the three members shall 31,324
belong to the same political party. A member of the board during 31,325
his THE MEMBER'S period of service shall hold no other public 31,326
office or public or private employment and shall allow no other 31,328
responsibilities to interfere or conflict with his THE MEMBER'S 31,329
duties as a full-time board member. Of the initial appointments 31,331
made to the board, one shall be for a term ending October 6, 31,332
1984, one shall be for a term ending October 6, 1985, and one 31,333
shall be for a term ending October 6, 1986. Thereafter, terms of 31,334
office shall be for six years, each term ending on the same day 31,335
of the same month of the year as did the term that it succeeds. 31,336
Each member shall hold office from the date of his THE MEMBER'S 31,337
appointment until the end of the term for which he THE MEMBER is 31,339
appointed. Any member appointed to fill a vacancy occurring 31,341
prior to the expiration of the term for which his THE MEMBER'S 31,342
predecessor was appointed shall hold office for the remainder of 31,344
the term. Any member shall continue in office subsequent to the 31,345
expiration of his THE MEMBER'S term until his THE MEMBER'S 31,346
successor takes office or until a period of sixty days has 31,347
elapsed, whichever occurs first.
The governor shall designate one member to serve as 31,349
chairperson of the board. The governor may remove any member of 31,350
the board, upon notice and public hearing, for neglect of duty or 31,351
malfeasance in office, but for no other cause. 31,352
(B) A vacancy on the board does not impair the right of 31,354
the remaining members to exercise all the powers of the board, 31,355
and two members of the board, at all times, constitutes 31,356
CONSTITUTE a quorum. The board shall have an official seal of 31,358
which courts shall take judicial notice. 31,359
(C) The board shall make an annual report in writing to 31,361
the governor and to the general assembly, stating in detail the 31,362
work it has done. 31,363
707
(D) Compensation of the chairperson and members shall be 31,365
in accordance with division (J) of section 124.15 of the Revised 31,366
Code. The chairperson and the members are eligible for 31,367
reappointment. In addition to such compensation, all members 31,368
shall be reimbursed for their necessary expenses incurred in the 31,369
performance of their work as members. 31,370
(E) The board shall appoint an executive director and 31,372
attorneys, attorney-trial examiners, mediators, arbitrators, 31,373
members of fact-finding panels, directors for local areas, and 31,374
other employees as it finds necessary for the proper performance 31,375
of its duties and may prescribe their duties. The attorney 31,376
general shall be the legal adviser of the board and shall appear 31,377
for and represent the board and its agents in all legal 31,378
proceedings. The board may utilize regional, local, or other 31,379
agencies, and utilize voluntary and uncompensated services as 31,380
needed. The board may contract with the federal mediation and 31,381
conciliation service for the assistance of mediators, 31,382
arbitrators, and other personnel the service makes available. The 31,384
board shall appoint all employees on the basis of training,
practical experience, education, and character, notwithstanding 31,385
the requirements established by section 119.09 of the Revised 31,386
Code. The board shall give special regard to the practical 31,387
training and experience that employees have for the particular 31,388
position involved. All full-time employees of the board 31,389
excepting the executive director, the head of the bureau of 31,390
mediation, and the personal secretaries and assistants of the 31,391
board members are in the classified service. All employees of 31,392
the board shall be paid in accordance with Chapter 124. of the 31,393
Revised Code. 31,394
(F) The board shall select and assign examiners and other 31,396
agents whose functions are to conduct hearings with due regard to 31,397
their impartiality, judicial temperament, and knowledge. If in 31,398
any proceeding under this chapter, any party prior to five days 31,399
before the hearing thereto files with the board a sworn statement 31,400
708
charging that the examiner or other agent designated to conduct 31,401
the hearing is biased or partial in the proceeding, the board may 31,402
disqualify the person and designate another examiner or agent to 31,403
conduct the proceeding. At least ten days before any hearing, 31,404
the board shall notify all parties to a proceeding of the name of 31,405
the examiner or agent designated to conduct the hearing. 31,406
(G) The principal office of the board is in Columbus, but 31,408
it may meet and exercise any or all of its powers at any other 31,409
place within the state. The board may, by one or more of its 31,410
employees, or any agents or agencies it designates, conduct in 31,411
any part of this state any proceeding, hearing, investigation, 31,412
inquiry, or election necessary to the performance of its 31,413
functions; provided, that no person so designated may later sit 31,414
in determination of an appeal of the decision of that cause or 31,415
matter. 31,416
(H) In addition to the powers and functions provided in 31,418
other sections of this chapter, the board shall DO ALL OF THE 31,419
FOLLOWING: 31,420
(1) Create a bureau of mediation within the state 31,422
employment relations board, to perform the functions provided in 31,423
section 4117.14 of the Revised Code. This bureau shall also 31,424
establish, after consulting representatives of employee 31,425
organizations and public employers, panels of qualified persons 31,426
to be available to serve as members of fact-finding panels and 31,427
arbitrators. 31,428
(2) Conduct studies of problems involved in representation 31,430
and negotiation and make recommendations for legislation; 31,431
(3) Hold hearings pursuant to this chapter and, for the 31,433
purpose of the hearings and inquiries, administer oaths and 31,434
affirmations, examine witnesses and documents, take testimony and 31,435
receive evidence, compel the attendance of witnesses and the 31,436
production of documents by the issuance of subpoenas, and 31,437
delegate these powers to any members of the board or any 31,438
attorney-trial examiner appointed by the board for the 31,439
709
performance of its functions; 31,440
(4) Train representatives of employee organizations and 31,442
public employers in the rules and techniques of collective 31,443
bargaining procedures; 31,444
(5) Make studies and analyses of, and act as a 31,446
clearinghouse of information relating to, conditions of 31,447
employment of public employees throughout the state and request 31,448
assistance, services, and data from any public employee 31,449
organization, public employer, or governmental unit. Public 31,450
employee organizations, public employers, and governmental units 31,451
shall provide such assistance, services, and data as will enable 31,452
the board to carry out its functions and powers. 31,453
(6) Make available to employee organizations, public 31,455
employers, mediators, fact-finding panels, arbitrators, and joint 31,456
study committees statistical data relating to wages, benefits, 31,457
and employment practices in public and private employment 31,458
applicable to various localities and occupations to assist them 31,459
to resolve issues in negotiations; 31,460
(7) Notwithstanding section 119.13 of the Revised Code, 31,462
establish standards of persons who practice before it; 31,463
(8) Adopt, amend, and rescind rules and procedures and 31,465
exercise other powers appropriate to carry out this chapter. 31,466
Before the adoption, amendment, or rescission of rules and 31,467
procedures under this section, the board shall DO ALL OF THE 31,468
FOLLOWING:
(a) Maintain a list of interested public employers and 31,470
employee organizations and mail notice to such groups of any 31,471
proposed rule or procedure, amendment thereto, or rescission 31,472
thereof at least thirty days before any public hearing thereon; 31,473
(b) Mail a copy of each proposed rule or procedure, 31,475
amendment thereto, or rescission thereof to any person who 31,476
requests a copy within five days after receipt of the request 31,477
therefor; 31,478
(c) Consult with appropriate statewide organizations 31,480
710
representing public employers or employees who would be affected 31,481
by the proposed rule or procedure. 31,482
Although the board is expected to discharge these duties 31,484
diligently, failure to mail any notice or copy, or to so consult 31,485
with any person, is not jurisdictional and shall not be construed 31,486
to invalidate any proceeding or action of the board. 31,487
(I) In case of neglect or refusal to obey a subpoena 31,489
issued to any person, the court of common pleas of the county in 31,490
which the investigation or the public hearing occurs, upon 31,491
application by the board, may issue an order requiring the person 31,492
to appear before the board and give testimony about the matter 31,493
under investigation. The court may punish a failure to obey the 31,494
order as contempt. 31,495
(J) Any subpoena, notice of hearing, or other process or 31,497
notice of the board issued under this section may be served 31,498
personally, by certified mail, or by leaving a copy at the 31,499
principal office or personal residence of the respondent required 31,500
to be served. A return, made and verified by the individual 31,501
making the service and setting forth the manner of service, is 31,502
proof of service, and a return post office receipt, when 31,503
certified mail is used, is proof of service. All process in any 31,504
court to which application is made under this chapter may be 31,505
served in the county wherein the persons required to be served 31,506
reside or are found. 31,507
(K) All expenses of the board, including all necessary 31,509
traveling and subsistence expenses incurred by the members or 31,510
employees of the board under its orders, shall be paid pursuant 31,511
to itemized vouchers signed APPROVED by the chairperson of the 31,512
board, the executive director, or both, or such other person as 31,514
the board designates for that purpose. 31,515
(L) Whenever the board determines that a substantial 31,517
controversy exists with respect to the application or 31,518
interpretation of this chapter and the matter is of public or 31,519
great general interest, the board shall certify its final order 31,520
711
directly to the court of appeals having jurisdiction over the 31,521
area in which the principal office of the public employer 31,522
directly affected by the application or interpretation is 31,523
located. The chairperson shall file with the clerk of the court 31,524
a certified copy of the transcript of the proceedings before the 31,525
board pertaining to the final order. If upon hearing and 31,526
consideration the court decides that the final order of the board 31,527
is unlawful or is not supported by substantial evidence on the 31,528
record as a whole, the court shall reverse and vacate the final 31,529
order or modify it and enter final judgment in accordance with 31,530
the modification; otherwise, the court shall affirm the final 31,531
order. The notice of the final order of the board to the 31,532
interested parties shall contain a certification by the 31,533
chairperson of the board that the final order is of public or 31,534
great general interest and that a certified transcript of the 31,535
record of the proceedings before the board had been filed with 31,536
the clerk of the court as an appeal to the court. For the 31,537
purposes of this division, the board has standing to bring its 31,538
final order properly before the court of appeals. 31,539
(M) Except as otherwise specifically provided in this 31,541
section, the board is subject to Chapter 119. of the Revised 31,542
Code, including the procedure for submission of proposed rules to 31,543
the general assembly for legislative review under division (H) of 31,544
section 119.03 of the Revised Code. 31,545
Sec. 4117.06. (A) The state employment relations board 31,554
shall decide in each case the unit appropriate for the purposes 31,555
of collective bargaining. The determination is final and 31,556
conclusive and not appealable to the court. 31,557
(B) The board shall determine the appropriateness of each 31,559
bargaining unit and shall consider among other relevant factors: 31,560
the desires of the employees; the community of interest; wages, 31,561
hours, and other working conditions of the public employees; the 31,562
effect of over-fragmentation; the efficiency of operations of the 31,563
public employer; the administrative structure of the public 31,564
712
employer; and the history of collective bargaining. 31,565
(C) The board may determine a unit to be the appropriate 31,567
unit in a particular case, even though some other unit might also 31,568
be appropriate. 31,569
(D) In addition, in determining the appropriate unit, the 31,571
board shall not: 31,572
(1) Decide that any unit is appropriate if the unit 31,574
includes both professional and nonprofessional employees, unless 31,575
a majority of the professional employees and a majority of the 31,576
nonprofessional employees first vote for inclusion in the unit; 31,577
(2) Include guards or correction officers at correctional 31,579
or mental institutions, special policemen or policewomen POLICE 31,580
OFFICERS appointed in accordance with sections 5119.14 and 31,582
5123.13 of the Revised Code, psychiatric attendants employed at 31,583
mental health forensic facilities, youth leaders employed at 31,584
juvenile correction facilities, or any public employee employed 31,585
as a guard to enforce against other employees rules to protect 31,586
property of the employer or to protect the safety of persons on 31,587
the employer's premises in a unit with other employees; 31,588
(3) Include members of a police or fire department or 31,590
members of the state highway patrol in a unit with other 31,591
classifications of public employees of the department; 31,592
(4) Designate as appropriate a bargaining unit that 31,594
contains more than one institution of higher education; nor shall 31,595
it within any such institution of higher education designate as 31,596
appropriate a unit where such designation would be inconsistent 31,597
with the accreditation standards or interpretations of such 31,598
standards, governing such institution of higher education or any 31,599
department, school, or college thereof. For the purposes of this 31,600
division, any branch or regional campus of a public institution 31,601
of higher education is part of that institution of higher 31,602
education. 31,603
(5) Designate as appropriate a bargaining unit that 31,605
contains employees within the jurisdiction of more than one 31,606
713
elected county office holder, unless the county-elected office 31,607
holder and the board of county commissioners agree to such other 31,608
designation; 31,609
(6) With respect to members of a police department, 31,611
designate as appropriate a unit that includes rank and file 31,612
members of the department with members who are of the rank of 31,613
sergeant or above; 31,614
(7) EXCEPT AS OTHERWISE PROVIDED BY DIVISION (A)(3) OF 31,616
SECTION 3314.10 OF THE REVISED CODE, DESIGNATE AS APPROPRIATE A 31,617
BARGAINING UNIT THAT CONTAINS EMPLOYEES FROM MULTIPLE COMMUNITY 31,618
SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF THE REVISED CODE. FOR 31,619
PURPOSES OF THIS DIVISION, MORE THAN ONE UNIT MAY BE DESIGNATED 31,620
WITHIN A SINGLE COMMUNITY SCHOOL.
This section shall not be deemed to prohibit multiunit 31,622
bargaining. 31,623
Sec. 4117.101. NOTWITHSTANDING SECTIONS 4117.08 AND 31,625
4117.10 OF THE REVISED CODE, NO AGREEMENT ENTERED INTO UNDER THIS 31,626
CHAPTER MAY CONTAIN ANY PROVISION THAT IN ANY WAY LIMITS THE 31,628
EFFECT OR OPERATION OF CHAPTER 3314. OF THE REVISED CODE OR
LIMITS THE AUTHORITY OF A SCHOOL DISTRICT BOARD OF EDUCATION TO 31,631
ENTER INTO A CONTRACT WITH A COMMUNITY SCHOOL UNDER THAT CHAPTER. 31,632
HOWEVER, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT 31,633
AN AGREEMENT ENTERED INTO UNDER THIS CHAPTER FROM CONTAINING 31,634
REQUIREMENTS AND PROCEDURES GOVERNING THE REASSIGNMENT OF 31,635
TEACHERS WHO ARE EMPLOYED IN A SCHOOL AT THE TIME IT IS CONVERTED 31,636
TO A COMMUNITY SCHOOL PURSUANT TO CHAPTER 3314. OF THE REVISED 31,638
CODE AND WHO DO NOT CHOOSE OR ARE NOT CHOSEN TO TEACH IN THAT 31,639
COMMUNITY SCHOOL.
Sec. 4121.39. The administrator of workers' compensation 31,648
shall do all of the following: 31,649
(A) Review EXCEPT AS PROVIDED IN SECTION 4123.402 OF THE 31,651
REVISED CODE, REVIEW and process all applications for claims; 31,652
(B) Award compensation and make payment on all 31,654
noncontested claims; 31,655
714
(C) Make payment on orders of the industrial commission 31,657
and district and staff hearing officers as provided in section 31,658
4123.511 of the Revised Code; 31,659
(D) Serve as representative of the state insurance fund; 31,661
(E) Establish a legal section within the bureau to provide 31,663
legal advice and assistance to the administrator and his THE 31,664
ADMINISTRATOR'S staff as to claims procedure and policy; appeals 31,665
to be lodged on behalf of the state insurance fund; and other 31,667
legal issues. The bureau legal section shall act as attorney for 31,668
the state fund in administrative appeals. 31,669
(F) Establish a program for quality control, systems 31,671
design, and internal auditing. In the operation of the program, 31,672
the administrator shall ensure that audits are performed at least 31,673
annually to determine whether or not the bureau meets the 31,674
performance goals the administrator establishes. 31,675
(G) Ensure that there exists the coordination between the 31,677
central office and the service offices necessary to facilitate 31,678
open lines of communication and the standardized procedures in 31,679
conformity with the requirements set forth in the operating 31,680
manuals of the bureau. The administrator shall establish a line 31,681
of authority from the central office to the service offices of 31,682
the bureau sufficient to avoid ambiguity in the performance of 31,683
any management or policy function. 31,684
Sec. 4121.446. THE DEPARTMENT OF ADMINISTRATIVE SERVICES 31,686
SHALL SELECT ONE OR MORE MANAGED CARE ORGANIZATIONS FOR EACH 31,687
STATE OFFICE, AGENCY, INSTITUTION, BOARD, OR COMMISSION, EXCEPT 31,688
FOR A PUBLIC COLLEGE OR UNIVERSITY, UNLESS OTHERWISE AGREED TO 31,689
BETWEEN THE DEPARTMENT AND A STATE OFFICE, AGENCY, INSTITUTION, 31,690
BOARD, OR COMMISSION.
Sec. 4123.31. The moneys in the state treasury for the use 31,700
of the bureau of workers' compensation and the industrial 31,701
commission shall be known as the workers' compensation fund and 31,702
shall be disbursed pursuant to vouchers signed APPROVED by the 31,704
administrator of workers' compensation or his THE ADMINISTRATOR'S 31,705
715
designee.
The bureau and the commission shall provide for the 31,707
custody, safekeeping, and deposit of all moneys, checks, and 31,708
drafts received by it or any of its employees or agents prior to 31,709
paying the moneys, checks, and drafts to the treasurer of state 31,710
as provided by section 113.08 of the Revised Code.
Sec. 4123.402. THE DEPARTMENT OF ADMINISTRATIVE SERVICES 31,712
SHALL ACT AS EMPLOYER FOR WORKERS' COMPENSATION CLAIMS ARISING 31,713
UNDER THIS CHAPTER AND CHAPTERS 4121., 4127., AND 4131. OF THE 31,714
REVISED CODE FOR ALL STATE AGENCIES, OFFICES, INSTITUTIONS, 31,716
BOARDS, OR COMMISSIONS EXCEPT FOR PUBLIC COLLEGES AND 31,717
UNIVERSITIES. THE DEPARTMENT SHALL REVIEW, PROCESS, CERTIFY OR 31,718
CONTEST, AND ADMINISTER WORKERS' COMPENSATION CLAIMS FOR EACH 31,719
STATE AGENCY, OFFICE, INSTITUTION, BOARD, AND COMMISSION, EXCEPT 31,720
FOR A PUBLIC COLLEGE OR UNIVERSITY, UNLESS OTHERWISE AGREED TO 31,721
BETWEEN THE DEPARTMENT AND A STATE AGENCY, OFFICE, INSTITUTION, 31,722
BOARD, OR COMMISSION.
THE DEPARTMENT MAY ENTER INTO A CONTRACT WITH ONE OR MORE 31,724
THIRD PARTY ADMINISTRATORS FOR CLAIMS MANAGEMENT OF A STATE 31,725
AGENCY, OFFICE, INSTITUTION, BOARD, OR COMMISSION, EXCEPT FOR A 31,726
PUBLIC COLLEGE OR UNIVERSITY, FOR WORKERS' COMPENSATION CLAIMS 31,727
AND FOR CLAIMS COVERED BY THE OCCUPATIONAL INJURY LEAVE PROGRAM 31,728
ADOPTED PURSUANT TO SECTION 124.381 OF THE REVISED CODE. 31,729
Sec. 4123.418. The administrator of workers' compensation 31,738
shall employ employees as is necessary to the discharge of his 31,739
THE ADMINISTRATOR'S duties and responsibilities hereunder. The 31,741
salaries and expenses of the employees shall be paid by the
treasurer of the state from the fund created by section 4123.412 31,742
of the Revised Code upon vouchers authorized and signed as 31,743
provided in section 4123.42 of the Revised Code. 31,744
Sec. 4141.131. (A) THE ADMINISTRATOR OF THE BUREAU OF 31,747
EMPLOYMENT SERVICES MAY ENTER INTO CONTRACTS FOR THE SALE OF REAL 31,748
PROPERTY NO LONGER NEEDED BY THE BUREAU OF EMPLOYMENT SERVICES 31,749
FOR THE OPERATIONS OF THE BUREAU. ANY COSTS ATTRIBUTABLE TO THE 31,750
716
BUREAU THAT ARE ASSOCIATED WITH THE SALE OF REAL PROPERTY UNDER 31,751
THIS SECTION SHALL BE PAID OUT OF THE UNEMPLOYMENT COMPENSATION 31,752
SPECIAL ADMINISTRATIVE FUND ESTABLISHED PURSUANT TO SECTION 31,753
4141.11 OF THE REVISED CODE. 31,755
(B)(1) EARNEST MONEYS FROM THE SALE OF REAL PROPERTY 31,758
PURSUANT TO DIVISION (A) OF THIS SECTION SHALL BE DEPOSITED INTO 31,760
THE BUREAU OF EMPLOYMENT SERVICES BUILDING CONSOLIDATION FUND, 31,761
WHICH IS HEREBY CREATED IN THE STATE TREASURY. THE BALANCE OF 31,762
THE PURCHASE PRICE SHALL BE DEPOSITED INTO THE BUREAU OF 31,763
EMPLOYMENT SERVICES BUILDING ENHANCEMENT FUND, WHICH IS HEREBY 31,764
CREATED IN THE STATE TREASURY. THE BUILDING ENHANCEMENT FUND 31,765
SHALL RETAIN ITS OWN INTEREST. UPON COMPLETION OF THE SALE AND 31,766
THE REQUEST OF THE ADMINISTRATOR, THE TREASURER OF STATE SHALL 31,767
TRANSFER THE EARNEST MONEYS IN THE BUILDING CONSOLIDATION FUND 31,768
INTO THE BUILDING ENHANCEMENT FUND. THE ADMINISTRATOR SHALL USE 31,769
THE INTEREST EARNED ON THE MONEYS IN THE BUILDING ENHANCEMENT 31,770
FUND ONLY IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION. 31,771
(2) THE ADMINISTRATOR SHALL DEPOSIT SUFFICIENT MONEYS FROM 31,774
THE SALE OF REAL PROPERTY PURSUANT TO DIVISION (A) OF THIS 31,775
SECTION INTO THE UNEMPLOYMENT COMPENSATION SPECIAL ADMINISTRATIVE 31,776
FUND TO REIMBURSE THE FUND FOR ALL COSTS ASSOCIATED WITH THE SALE 31,777
OF THAT REAL PROPERTY. 31,778
(C) THE BUREAU SHALL USE THE MONEYS IN THE BUILDING 31,781
ENHANCEMENT FUND FROM THE SALE OF REAL PROPERTY PURSUANT TO 31,782
DIVISION (A) OF THIS SECTION, LESS THE COSTS OF THE SALE AS 31,784
SPECIFIED IN DIVISION (B)(2) OF THIS SECTION, IN ACCORDANCE WITH 31,786
THE PROVISIONS AND REQUIREMENTS OF THE "SOCIAL SECURITY ACT," 49 31,789
STAT. 626 (1935), 52 U.S.C. 502(a) AND 1103(c)(2), AND THE 31,793
INSTRUCTIONS OF THE UNITED STATES DEPARTMENT OF LABOR, TO IMPROVE 31,796
BUILDINGS OWNED BY OR UNDER THE CONTROL OF THE BUREAU. IF THE 31,797
ADMINISTRATOR DETERMINES THAT THERE ARE NO BUILDINGS FOR WHICH 31,798
MONEY IN THE BUILDING ENHANCEMENT FUND MAY BE USED, THE MONEY 31,799
SHALL BE RETURNED TO THE UNITED STATES DEPARTMENT OF LABOR. 31,802
(D) THE AUDITOR OF STATE, WITH THE ASSISTANCE OF THE 31,805
717
ATTORNEY GENERAL, SHALL PREPARE A DEED TO THE REAL PROPERTY BEING 31,806
SOLD UPON NOTICE FROM THE ADMINISTRATOR THAT A CONTRACT FOR THE 31,807
SALE OF THAT PROPERTY HAS BEEN EXECUTED IN ACCORDANCE WITH THIS 31,808
SECTION. THE DEED SHALL STATE THE CONSIDERATION AND ANY 31,809
CONDITIONS PLACED UPON THE SALE. THE DEED SHALL BE EXECUTED BY 31,810
THE GOVERNOR IN THE NAME OF THE STATE, COUNTERSIGNED BY THE 31,811
SECRETARY OF STATE, SEALED WITH THE GREAT SEAL OF THE STATE, 31,812
PRESENTED IN THE OFFICE OF THE AUDITOR OF STATE FOR RECORDING, 31,813
AND DELIVERED TO THE BUYER UPON PAYMENT OF THE BALANCE OF THE 31,814
PURCHASE PRICE.
THE BUYER SHALL PRESENT THE DEED FOR RECORDING IN THE 31,816
COUNTY RECORDER'S OFFICE OF THE COUNTY IN WHICH THE REAL PROPERTY 31,818
IS LOCATED.
Sec. 4301.10. (A) The department or, beginning on July 1, 31,827
1997, the division of liquor control shall: 31,828
(1) Control the traffic in beer and intoxicating liquor in 31,830
this state, including the manufacture, importation, and sale of 31,832
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 31,834
distribution, transportation, and sale of beer and intoxicating 31,835
liquor and the sale of alcohol, as authorized or required by this 31,836
chapter and Chapter 4303. of the Revised Code; and a certificate 31,837
signed by the director or, beginning on July 1, 1997, the 31,838
superintendent of liquor control to which is affixed the official 31,840
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 31,841
issued to the person specified in the certificate, or that a 31,842
permit, if issued, has been revoked, canceled, or suspended shall 31,844
be received as prima-facie evidence of the facts recited in the 31,845
certificate in any court, or before any officer of this state; 31,847
(3) Put into operation, manage, and control a system of 31,849
state liquor stores for the sale of spirituous liquor at retail 31,850
and to holders of permits authorizing the sale of spirituous 31,851
liquor; however, the department or division shall not establish 31,852
718
any drive-in state liquor stores; and by means of those types of 31,853
stores, and any manufacturing plants, distributing and bottling 31,854
plants, warehouses, and other facilities that it considers 31,855
expedient, establish and maintain a state monopoly of the 31,856
distribution of spirituous liquor and its sale in packages or 31,857
containers; and for that purpose manufacture, buy, import, 31,858
possess, and sell spirituous liquors as provided in this chapter 31,859
and Chapter 4303. of the Revised Code, and in the rules 31,860
promulgated by the director or superintendent of liquor control 31,861
pursuant to those chapters; lease, or in any manner acquire the 31,862
use of any land or building required for any of those purposes; 31,863
purchase any equipment that is required; and borrow money to 31,864
carry on its business, and issue, sign, endorse, and accept 31,865
notes, checks, and bills of exchange; but all obligations of the 31,866
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 31,867
or division from the sale of spirituous liquor and its other 31,868
business transactions in connection with the sale of spirituous 31,869
liquor, and shall not be general obligations of the state; 31,871
(4) Enforce the administrative provisions of this chapter 31,873
and Chapter 4303. of the Revised Code, and the rules and orders 31,876
of the liquor control commission and the director or 31,877
superintendent relating to the manufacture, importation, 31,879
transportation, distribution, and sale of beer and intoxicating 31,880
liquors; and the attorney general, any prosecuting attorney, and 31,881
any prosecuting officer of a municipal corporation or a municipal 31,882
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 31,884
person charged with the violation of any provision in those 31,885
chapters or of any section of the Revised Code relating to the 31,886
manufacture, importation, transportation, distribution, and sale 31,887
of beer and intoxicating liquor; 31,888
(5) Determine the locations of all state liquor stores and 31,890
manufacturing, distributing, and bottling plants required in 31,891
719
connection therewith, subject to this chapter and Chapter 4303. 31,892
of the Revised Code; 31,893
(6) Conduct inspections of liquor permit premises to 31,895
determine compliance with the administrative provisions of this 31,897
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 31,898
Except as otherwise provided in division (A)(6) of this 31,900
section, those inspections may be conducted only during those 31,901
hours in which the permit holder is open for business and only by 31,902
authorized agents or employees of the department or division or 31,903
by any peace officer, as this term is defined in section 2935.01 31,904
of the Revised Code. Inspections may be conducted at other hours 31,905
only to determine compliance with laws or commission rules that 31,906
regulate the hours of sale of beer and intoxicating liquor and 31,907
only if the investigator has reasonable cause to believe that 31,908
those laws or rules are being violated. Any inspection conducted 31,909
pursuant to division (A)(6) of this section is subject to all of 31,910
the following requirements: 31,911
(a) The only property that may be confiscated is 31,913
contraband, as defined in section 2901.01 of the Revised Code, or 31,915
property that is otherwise necessary for evidentiary purposes. 31,916
(b) A complete inventory of all property confiscated from 31,918
the premises shall be given to the permit holder or the permit 31,919
holder's agent or employee by the confiscating agent or officer 31,921
at the conclusion of the inspection. At that time, the inventory 31,922
shall be signed by the confiscating agent or officer and the 31,923
agent or officer shall give the permit holder or the permit 31,924
holder's agent or employee the opportunity to sign the inventory. 31,925
(c) Inspections conducted pursuant to division (A)(6) of 31,927
this section shall be conducted in a reasonable manner. A 31,928
finding by any court of competent jurisdiction that the 31,929
inspection was not conducted in a reasonable manner in accordance 31,930
with this section or any rules promulgated by the commission may 31,931
be considered grounds for suppression of evidence. A finding by 31,932
720
the liquor control commission that the inspection was not 31,933
conducted in a reasonable manner in accordance with this section 31,934
or any rules promulgated by the commission may be considered 31,935
grounds for dismissal of the commission case. 31,936
If any court of competent jurisdiction finds that property 31,938
confiscated as the result of an administrative inspection is not 31,939
necessary for evidentiary purposes and is not contraband, as 31,940
defined in section 2901.01 of the Revised Code, the court shall 31,942
order the immediate return of the confiscated property, provided 31,943
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 31,944
property is not grounds for dismissal of the case. The 31,945
commission likewise may order the return of confiscated property 31,946
if no criminal prosecution is pending or anticipated. 31,947
(7) Delegate to any of its agents or employees any power 31,949
of investigation that the department or division possesses with 31,950
respect to the enforcement of any of the administrative laws 31,951
relating to beer and to intoxicating liquor, provided that this 31,952
division does not authorize the department or division to 31,953
designate any agent or employee to serve as a liquor control 31,954
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 31,955
director of public safety pursuant to sections 5502.13 and 31,956
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 31,958
this section, collect the following fees: 31,959
(a) An annual twenty-five-dollar registration fee for each 31,961
representative, registered pursuant to section 4303.25 of the 31,962
Revised Code, of a beer or intoxicating liquor manufacturer doing 31,963
business in this state; 31,964
(b) A fifty-dollar product registration fee for each new 31,966
beer or intoxicating liquor product sold in this state. The 31,967
product registration fee shall be accompanied by a copy of the 31,968
federal label and product approval for the new product. 31,969
721
(c) An annual three-hundred-dollar out-of-state supplier 31,971
consent-to-import fee from each manufacturer or supplier not 31,972
subject to division (A)(8)(e) of this section, in addition to an 31,974
initial application fee of one hundred dollars; 31,975
(d) An annual twenty-five-dollar registration fee for coil 31,977
cleaners of beer dispensing equipment doing business in this 31,978
state. 31,979
(e) An annual one-hundred-dollar out-of-state 31,981
consent-to-import fee, in addition to an initial application fee 31,982
of one hundred dollars, from any manufacturer or out-of-state 31,983
supplier that produced or shipped into this state in the 31,984
immediately preceding calendar year a total of five hundred or 31,985
fewer cases of seven-hundred-fifty milliliter equivalent of 31,986
intoxicating liquor and twelve-ounce equivalent of beer. 31,987
Each consent-to-import, representative's registration, and 31,989
coil cleaner registration issued under division (A)(8) of this 31,991
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 31,992
the year, ending on the uniform expiration date for each, which 31,993
shall be designated by the department or division, and is subject 31,994
to suspension, revocation, cancellation, or fine as authorized by 31,995
this chapter and Chapter 4303. of the Revised Code. 31,996
(9) Establish a system of electronic data interchange 31,998
within the department or division and regulate the electronic 31,999
transfer of information and funds among persons and governmental 32,001
entities engaged in the manufacture, distribution, and retail 32,002
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 32,004
implication conferred upon the department or division by this 32,005
chapter and Chapter 4303. of the Revised Code, and all powers 32,006
necessary for the exercise or discharge of any power, duty, or 32,007
function expressly conferred or imposed upon the department or 32,008
division by those chapters. 32,009
(B) The department or division may: 32,011
722
(1) Sue, but may be sued only in connection with the 32,013
execution of leases of real estate and the purchases and 32,014
contracts necessary for the operation of the state liquor stores 32,015
that are made under this chapter and Chapter 4303. of the Revised 32,016
Code; 32,017
(2) Enter into leases and contracts of all descriptions 32,019
and acquire and transfer title to personal property with regard 32,021
to the sale, distribution, and storage of spirituous liquor 32,022
within the state;
(3) Terminate at will any lease entered into pursuant to 32,024
division (B)(2) of this section upon first giving ninety days' 32,026
notice in writing to the lessor of its intention to do so; 32,027
(4) Fix the wholesale and retail prices at which the 32,029
various classes, varieties, and brands of spirituous liquor shall 32,030
be sold by the department. Those retail prices shall be the same 32,031
at all state liquor stores, except to the extent that a price 32,032
differential is required to collect a county sales tax levied 32,033
pursuant to section 5739.021 of the Revised Code and for which 32,034
tax the tax commissioner has authorized prepayment pursuant to 32,035
section 5739.05 of the Revised Code. In fixing selling prices, 32,036
the department or division shall compute an anticipated gross 32,037
profit at least sufficient to provide in each calendar year all 32,038
costs and expenses of the department or division and also an 32,039
adequate working capital reserve for the department or division. 32,040
The gross profit shall not exceed forty per cent of the retail 32,042
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 32,043
Code to be paid into the state treasury. An amount equal to one 32,044
and one-half per cent of that gross profit shall be paid into the 32,045
alcoholism-detoxification centers ALCOHOL AND DRUG ADDICTION 32,046
SERVICES fund created under BY section 4301.30 3793.21 of the 32,048
Revised Code and be appropriated by the general assembly from the 32,049
fund to the department of alcohol and drug addiction services as 32,050
provided in section 4301.30 of the Revised Code.
723
On spirituous liquor manufactured in Ohio from the juice of 32,052
grapes or fruits grown in Ohio, the department or division shall 32,053
compute an anticipated gross profit of not to exceed ten per 32,054
cent. The wholesale prices shall be at a discount of not less 32,055
than twelve and one-half per cent of the retail selling prices as 32,056
determined by the department or division in accordance with this 32,057
section.
(C) The department or division may approve the expansion 32,059
or diminution of a premises to which a liquor permit has been 32,061
issued and may adopt standards governing such an expansion or 32,062
diminution.
Sec. 4301.12. The division of liquor control shall provide 32,072
for the custody, safekeeping, and deposit of all moneys, checks, 32,073
and drafts received by it or any of its employees or agents prior 32,074
to paying them to the treasurer of state as provided by section 32,075
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for 32,077
each gallon of spirituous liquor sold by the division during the 32,079
period covered by the payment shall be paid into the state
treasury to the credit of the general revenue fund. All moneys 32,080
received from permit fees shall be paid to the credit of the 32,081
undivided liquor permit fund established by section 4301.30 of 32,082
the Revised Code. 32,083
Except as otherwise provided by law, all moneys collected 32,085
under Chapters 4301. and 4303. of the Revised Code shall be paid 32,086
by the division into the state treasury to the credit of the 32,087
liquor control fund, which is hereby created. AMOUNTS IN THE 32,088
LIQUOR CONTROL FUND MAY BE USED TO PAY THE OPERATING EXPENSES OF 32,089
THE LIQUOR CONTROL COMMISSION. 32,090
Whenever, in the judgment of the director of budget and 32,092
management, the amount in the custody of the treasurer of state 32,093
to the credit of the liquor control fund is in excess of that 32,094
needed to meet the maturing obligations of the division, as 32,095
working capital for its further operations AND TO PAY THE 32,096
724
OPERATING EXPENSES OF THE COMMISSION, and as required for the 32,097
alcohol testing program under section 3701.143 of the Revised 32,098
Code, the director shall transfer the excess to the state 32,099
treasury to the credit of the general revenue fund.
Sec. 4301.17. (A) Subject to local option as provided in 32,109
sections 4301.32 to 4301.40 of the Revised Code, five state 32,110
liquor stores or agencies may be established in each county. One 32,111
additional store may be established in any county for each thirty 32,112
thousand of population of such county or major fraction thereof 32,113
in excess of the first forty thousand, according to the last 32,114
preceding federal census. A person engaged in a mercantile 32,115
business may act as the agent for the division of liquor control 32,118
for the sale of spirituous liquor in a municipal corporation, in 32,119
the unincorporated area of a township of not less than two 32,120
thousand population, or in an area designated and approved as a 32,121
resort area under section 4303.262 of the Revised Code, provided 32,122
that not more than one agency contract shall be awarded in the 32,123
unincorporated area of a county for each fifty thousand 32,124
population of the county. The division shall fix compensation 32,126
for such agent in such manner as it deems best, but such 32,127
compensation shall not exceed seven per cent of the gross sales 32,128
made by such agent in any one year. 32,129
Except as otherwise provided in this section, no mercantile 32,131
business that sells beer or intoxicating liquor for consumption 32,133
on the premises under a permit issued by the division shall 32,134
operate an agency store at such premises or at any adjacent 32,135
premises. An agency to which a D-1 permit has been issued may 32,136
offer for sale tasting samples of beer and, an agency to which a 32,137
D-2 permit has been issued may offer for sale tasting samples of 32,138
wine and mixed beverages, AND AN AGENCY TO WHICH A D-5 PERMIT HAS 32,140
BEEN ISSUED MAY OFFER FOR SALE TASTING SAMPLES OF BEER, WINE, AND
MIXED BEVERAGES, BUT NOT SPIRITUOUS LIQUOR. A tasting sample 32,141
shall not be sold for the purpose of general consumption. As 32,143
used in this section, "tasting sample" means a small amount of 32,144
725
beer, wine, or mixed beverages that is provided in not more than
four servings of not more than two ounces each to an authorized 32,145
purchaser and that allows the purchaser to determine, by tasting 32,146
only, the quality and character of the beverage. 32,147
(B) When an agency contract is proposed or when an 32,149
existing agency is assigned, before entering into any such 32,150
contract or consenting to any assignment, the division shall 32,151
notify the legislative authority of the municipal corporation, or 32,152
the board of county commissioners and the board of township 32,153
trustees of the county and the township in which the agency store 32,154
is to be located if the agency store is to be located outside the 32,155
corporate limits of a municipal corporation, of the proposed 32,156
contract, and an opportunity shall be provided officials or 32,157
employees of the municipal corporation or county and township for 32,158
a complete hearing upon the advisability of entering into the 32,159
agency contract. When the division sends notice to the 32,160
legislative authority of the political subdivision, the 32,161
department shall notify, by certified mail or by personal 32,162
service, the chief peace officer of the political subdivision, 32,163
who may appear and testify, either in person or through a 32,164
representative, at any hearing held on the advisability of 32,165
entering into the agency contract. 32,166
On or after July 21, 1986, if the proposed agency store 32,169
would be located within five hundred feet of a school, church, 32,170
library, public playground, or township park, the division shall 32,171
not enter into an agency contract until it has provided notice of 32,172
the proposed contract to the authorities in control of the 32,173
school, church, library, public playground, or township park and 32,174
has provided such officials with an opportunity for a complete 32,175
hearing upon the advisability of entering into the contract. If 32,176
an agency store so located is operating under an agency contract, 32,177
the division may consent to the assignment of that contract to 32,179
operate an agency store at the same location, provided that the 32,180
division shall not consent to an assignment until it has notified 32,181
726
the authorities in control of the school, church, library, public 32,182
playground, or township park and has provided such officials with 32,183
an opportunity for a complete hearing upon the advisability of 32,184
consenting to the assignment.
Any hearing provided for in this division shall be held in 32,187
the offices of the division in Columbus, except that upon written 32,189
request of the legislative authority of the municipal 32,190
corporation, the board of county commissioners, or board of 32,191
township trustees, the hearing shall be held in the county seat 32,192
of the county where the proposed agency store is to be located. 32,193
(C) All agency contracts entered into by the division 32,195
pursuant to this section shall be in writing and shall contain a 32,196
clause providing for the termination of the contract at will by 32,197
the division upon its giving ninety days' notice in writing to 32,198
such agent of its intention to do so. Any agency contract may 32,199
include a clause requiring the agent to report to the appropriate 32,200
law enforcement agency the name and address of any individual 32,201
under twenty-one years of age who attempts to make an illegal 32,202
purchase. 32,203
An agent may engage in the selling of beer, mixed 32,205
beverages, and wine pursuant to permits issued to the agent under 32,206
Chapter 4303. of the Revised Code. 32,207
The division shall issue a C-1 and C-2 permit to each agent 32,210
who prior to November 1, 1994, had not been issued both of these 32,211
permits, notwithstanding the population quota restrictions 32,212
contained in section 4303.29 of the Revised Code or in any rule 32,213
of the liquor control commission and notwithstanding the 32,214
requirements of section 4303.31 of the Revised Code. The
location of a C-1 or C-2 permit issued to such an agent shall not 32,215
be transferred. The division shall revoke any C-1 or C-2 issued 32,216
to an agent under this paragraph if the agent no longer operates 32,217
an agency store.
No person shall operate, or have any interest, directly or 32,220
indirectly, in more than four state agencies in any one county or 32,221
727
more than eight state agencies in the state for the sale of 32,222
spirituous liquor. For purposes of this section, a person has an 32,223
interest in a state agency if the person is a partner, member, 32,224
officer, or director of, or a shareholder owning ten per cent or 32,225
more of the capital stock of, any legal entity with which the 32,226
department has entered into an agency contract. 32,227
The division may enter into agreements with the department 32,229
of development to implement a minority loan program to provide 32,231
low-interest loans to minority business enterprises, as defined 32,232
in section 122.71 of the Revised Code, that are awarded liquor 32,233
agency contracts or assignments.
(D) If the division closes a state liquor store and 32,235
replaces that store with an agency store, any employees of the 32,236
division employed at that state liquor store who the lose their 32,237
jobs at that store as a result shall be given preference by the 32,238
agent who operates the agency store in filling any vacancies that 32,239
occur among the agent's employees, if such preference does not 32,240
conflict with the agent's obligations pursuant to a collective 32,241
bargaining agreement. 32,242
If the division closes a state liquor store and replaces 32,244
the store with an agency store, any employees of the division 32,245
employed at the state liquor store who the lose their jobs at 32,246
that store as a result may displace other employees as provided 32,247
in sections 124.321 to 124.328 of the Revised Code. If an 32,248
employee cannot displace other employees and is laid off, the
employee shall be reinstated in another job as provided in 32,249
sections 124.321 to 124.328 of the Revised Code, except that the 32,250
employee's rights of reinstatement in a job at a state liquor 32,251
store shall continue for a period of two years after the date of 32,252
the employee's layoff and shall apply to jobs at state liquor
stores located in the employee's layoff jurisdiction and any 32,253
layoff jurisdiction adjacent to that the employee's layoff 32,254
jurisdiction.
(E) The division shall require every such agent to give 32,257
728
bond with surety to the satisfaction of the division, in such
amount as the division fixes, conditioned for the faithful 32,258
performance of the agent's duties as prescribed by the division. 32,259
Sec. 4301.19. The division of liquor control shall sell 32,268
spirituous liquor only, whether from a warehouse or from a state 32,269
liquor store. All sales shall be in sealed containers and for 32,270
resale as authorized by Chapters 4301. and 4303. of the Revised 32,271
Code or for consumption off the premises only. Except as 32,272
otherwise provided in this section, sale of containers holding 32,273
one-half pint or less of spirituous liquor by the division shall 32,275
be made at retail only, and not for the purpose of resale by any 32,276
purchaser, by special order placed with a state retail liquor 32,277
store and subject to rules established by the superintendent of 32,278
liquor control. The division shall sell at wholesale spirituous 32,280
liquor in fifty milliliter sealed containers to hotels that sell 32,281
spirituous liquor by means of a controlled access alcohol and 32,282
beverage cabinet in accordance with division (B) of section 32,283
4301.21 of the Revised Code, but only for purposes of resale by 32,284
the hotel in sealed containers by means of a controlled access 32,285
alcohol and beverage cabinet. The A PERSON APPOINTED BY THE 32,286
division shall not sell TO ACT AS AN AGENT FOR THE SALE OF 32,287
spirituous liquor through PURSUANT TO SECTION 4301.17 OF THE
REVISED CODE MAY PROVIDE AND ACCEPT gift certificates or on AND 32,288
MAY ACCEPT credit CARDS AND DEBIT CARDS FOR THE RETAIL PURCHASE 32,289
OF SPIRITUOUS LIQUOR. Deliveries shall be made in such manner as 32,290
the superintendent determines by rule. 32,292
If any persons desire to purchase any variety or brand of 32,294
spirituous liquor which is not in stock at the state liquor store 32,295
where the same is ordered, the division shall immediately procure 32,297
the same after reasonable deposit is made by the purchaser in 32,298
such proportion of the approximate cost of the order as is 32,299
prescribed by the rules of the superintendent. The purchaser 32,300
shall be immediately notified upon the arrival of the spirituous
liquor at the store at which it was ordered. Unless such 32,301
729
purchaser pays for the same and accepts delivery within five days 32,302
after the giving of such notice, the division may place such 32,303
spirituous liquor in stock for general sale, and the deposit of 32,304
the purchaser shall be forfeited. 32,305
Sec. 4301.24. No manufacturer shall aid or assist the 32,315
holder of any permit for sale at wholesale and no manufacturer or 32,316
wholesale distributor shall aid or assist the holder of any 32,317
permit for sale at retail by gift or loan of any money or 32,318
property of any description or other valuable thing, or by giving 32,319
premiums or rebates. No holder of any such permit shall accept 32,320
the same, provided that the manufacturer or wholesale distributor 32,321
may furnish to a retail permittee the inside signs or advertising 32,322
and the tap signs or devices authorized by divisions (F) and (G) 32,323
of section 4301.22 of the Revised Code. 32,324
No manufacturer shall have any financial interest, directly 32,326
or indirectly, by stock ownership, or through interlocking 32,327
directors in a corporation, or otherwise, in the establishment, 32,328
maintenance, or promotion in the business of any wholesale 32,329
distributor. No retail permit holder shall have any interest, 32,330
directly or indirectly, in the operation of, or any ownership in, 32,331
the business of any wholesale distributor or manufacturer. 32,332
No manufacturer or wholesale distributor shall, except as 32,334
authorized by section 4303.021 of the Revised Code, have any 32,335
financial interest, directly or indirectly, by stock ownership, 32,336
or through interlocking directors in a corporation, or otherwise, 32,337
in the establishment, maintenance, or promotion of the business 32,338
of any retail dealer; nor shall any manufacturer or wholesale 32,339
distributor or any stockholder thereof acquire, by ownership in 32,340
fee, leasehold, mortgage, or otherwise, directly or indirectly, 32,341
any interest in the premises whereon the business of any other 32,342
person engaged in the business of trafficking in beer or 32,343
intoxicating liquor is conducted. All contracts, covenants, 32,344
conditions, and limitations whereby any person engaged or 32,345
proposing to engage in the sale of beer or intoxicating liquors 32,346
730
promises to confine his THE PERSON'S sales of a particular kind 32,347
or quality of beer or intoxicating liquor to one or more 32,348
products, or the products of a specified manufacturer or 32,349
wholesale distributor, or to give preference to such products, 32,350
shall to the extent of such promise be void. The making of such 32,351
promise in any such form shall be cause for the revocation or 32,352
suspension of any permit issued to any party. This section does 32,353
not prevent the holder of an A permit from securing and holding a 32,354
wholesale distributor's permit or permits and operating as a 32,355
wholesale distributor.
No manufacturer shall sell or offer to sell to any 32,357
wholesale distributor or retail permit holder, and no wholesale 32,358
distributor shall sell or offer to sell to any retail permit 32,359
holder, and no wholesale distributor or retail permit holder 32,360
shall purchase or receive from any manufacturer or wholesale 32,361
distributor any malt or brewed beverages or wine manufactured in 32,362
the United States except for cash. No right of action shall 32,363
exist to collect any claims for credit extended contrary to this 32,364
section. This section does not prohibit a licensee from 32,365
crediting to a purchaser the actual prices charged for packages 32,366
or containers returned by the original purchaser as a credit on 32,367
any sale or from refunding to any purchaser the amount paid by 32,368
such purchaser for containers or as a deposit on containers when 32,369
title is retained by the vendor, if such containers or packages 32,370
have been returned to the manufacturer or distributor. This 32,371
section does not prohibit a manufacturer from extending usual and 32,372
customary credit for malt or brewed beverages or wine 32,373
manufactured in the United States and sold to customers who live 32,374
or maintain places of business outside Ohio THIS STATE when the 32,375
beverages so sold are actually transported and delivered to 32,377
points outside the THIS state. No wholesale or retail permit 32,379
shall be issued to an applicant unless such applicant has paid in 32,380
full all accounts for beer and malt beverages or wine, 32,381
manufactured in the United States, outstanding as of September 6, 32,382
731
1939. No beer or malt beverages or wine manufactured in the 32,383
United States shall be imported into the state unless the same 32,384
has been paid for in cash and no consent to import any such beer 32,385
or malt beverages or wine manufactured in the United States shall 32,386
be issued by the division of liquor control until the A-2, B-1, 32,387
or B-5 permit holder establishes to the satisfaction of the 32,388
division that the same has been paid for in cash. 32,389
THIS SECTION DOES NOT PREVENT A MANUFACTURER FROM SECURING 32,391
AND HOLDING ANY FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, BY 32,392
STOCK OWNERSHIP OR THROUGH INTERLOCKING DIRECTORS IN A 32,393
CORPORATION, OR OTHERWISE, IN THE ESTABLISHMENT, MAINTENANCE, OR 32,394
PROMOTION OF THE BUSINESS OR PREMISES OF ANY C OR D PERMIT 32,395
HOLDER, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET:
(A) EITHER THE MANUFACTURER OR ONE OF ITS PARENT COMPANIES 32,397
IS LISTED ON A NATIONAL SECURITIES EXCHANGE. 32,398
(B) ALL PURCHASES OF ALCOHOLIC BEVERAGES BY THE C OR D 32,401
PERMIT HOLDER ARE MADE FROM WHOLESALE DISTRIBUTORS IN THIS STATE
OR AGENCY STORES LICENSED BY THE DIVISION OF LIQUOR CONTROL. 32,402
(C) IF THE C OR D PERMIT HOLDER SELLS BRANDS OF ALCOHOLIC 32,405
BEVERAGES THAT ARE PRODUCED OR DISTRIBUTED BY THE MANUFACTURER
THAT HOLDS THE FINANCIAL INTEREST, THE C OR D PERMIT HOLDER ALSO 32,406
SELLS OTHER COMPETING BRANDS OF ALCOHOLIC BEVERAGES PRODUCED BY 32,407
OTHER MANUFACTURERS, NO PREFERENCE IS GIVEN TO THE PRODUCTS OF 32,408
THE MANUFACTURER, AND THERE IS NO EXCLUSION, IN WHOLE OR IN PART, 32,410
OF PRODUCTS SOLD OR OFFERED FOR SALE BY OTHER MANUFACTURERS, 32,411
SUPPLIERS, OR IMPORTERS OF ALCOHOLIC BEVERAGES THAT CONSTITUTES A 32,412
SUBSTANTIAL IMPAIRMENT OF COMMERCE.
(D) THE PRIMARY PURPOSE OF THE C OR D PERMIT PREMISES IS A 32,415
PURPOSE OTHER THAN TO SELL ALCOHOLIC BEVERAGES, AND THE SALE OF
OTHER GOODS AND SERVICES EXCEEDS FIFTY PER CENT OF THE TOTAL 32,416
GROSS RECEIPTS OF THE C OR D PERMIT HOLDER AT ITS PREMISES. 32,417
Sec. 4301.30. All fees collected by the division of liquor 32,427
control shall be deposited in the state treasury to the credit of 32,428
the undivided liquor permit fund, which is hereby created, at the 32,429
732
time prescribed under section 4301.12 of the Revised Code. Each 32,430
payment shall be accompanied by a statement showing separately 32,431
the amount collected for each class of permits in each municipal 32,432
corporation and in each township outside the limits of any 32,433
municipal corporation in such township. An amount equal to fifty 32,434
dollars for each fee received for a D-2 permit, which is not 32,435
placed in operation immediately upon a D-3 permit premises, and 32,436
twenty-five dollars for each fee received for a C-2 permit, shall 32,437
be paid from the undivided liquor permit fund into the general 32,438
revenue fund.
Prior to the fees received for a D-2 permit, which is not 32,440
in operation immediately upon a D-3 permit premises, and a C-2 32,441
permit being paid into the general revenue fund, an amount equal 32,442
to twenty-one per cent of the undivided liquor permit fund shall 32,443
be paid into the alcoholism-detoxification centers ALCOHOL AND 32,444
DRUG ADDICTION SERVICES fund, which is hereby created in the 32,445
state treasury BY SECTION 3793.21 OF THE REVISED CODE. Such 32,446
amount shall be appropriated by the general assembly, together 32,447
with an amount equal to one and one-half per cent of the gross 32,448
profit of the department of liquor control derived under division 32,449
(B)(4) of section 4301.10 of the Revised Code, to the department 32,450
of alcohol and drug addiction services. In planning for the 32,451
allocation of and in allocating these amounts for the purposes of 32,452
Chapter 3793. of the Revised Code, the department of alcohol and 32,453
drug addiction services shall comply with the nondiscrimination 32,454
provisions of Title VI of the Civil Rights Act of 1964, and any 32,455
rules adopted thereunder. 32,456
The moneys remaining in the undivided liquor permit fund 32,458
shall be distributed by the superintendent of liquor control at 32,460
quarterly calendar periods as follows: 32,461
(A) To each municipal corporation, the aggregate amount 32,463
shown by the statements to have been collected from permits 32,464
therein, for the use of the general fund of the municipal 32,465
corporation; 32,466
733
(B) To each township, the aggregate amount shown by the 32,468
statements to have been collected from permits in its territory, 32,469
outside the limits of any municipal corporation located therein, 32,470
for the use of the general fund of the township, or for fire 32,471
protection purposes, including buildings and equipment in the 32,472
township or in an established fire district within the township, 32,473
to the extent that the funds are derived from liquor permits 32,474
within the territory comprising such fire district. 32,475
For the purpose of the distribution required by this 32,477
section, E, H, and D permits covering boats or vessels are deemed 32,478
to have been issued in the municipal corporation or township 32,479
wherein the owner or operator of the vehicle, boat, vessel, or 32,480
dining car equipment to which the permit relates has the owner's 32,481
or operator's principal office or place of business within the 32,483
state.
Such distributions are subject to diminutions for refunds 32,485
as prescribed in section 4301.41 of the Revised Code. If the 32,486
liquor control commission is of the opinion that the police or 32,487
other officers of any municipal corporation or township entitled 32,488
to share in such distribution are refusing or culpably neglecting 32,489
to enforce this chapter and Chapter 4303. of the Revised Code, or 32,490
the penal laws of this state relating to the manufacture, 32,491
importation, transportation, distribution, and sale of beer and 32,492
intoxicating liquors, or if the prosecuting officer of a 32,493
municipal corporation or the municipal court thereof fails to 32,494
comply with the request of the commission authorized by division 32,495
(A)(4) of section 4301.10 of the Revised Code, the commission 32,496
may, by certified mail, notify the chief executive officer of the 32,497
municipal corporation or the board of township trustees of the 32,498
township of such failure and require the immediate cooperation of 32,499
the responsible officers of the municipal corporation or township 32,500
with the division of liquor control in the enforcement of such 32,502
chapters and such penal laws. Within thirty days after the 32,503
notice is served, the commission shall determine whether or not 32,504
734
the requirement has been complied with. If the commission 32,505
determines that the requirement has not been complied with, it 32,506
may issue an order to the superintendent to withhold the 32,509
distributive share of the municipal corporation or township until 32,510
further order of the commission. This action of the commission 32,511
is reviewable within thirty days thereafter in the court of 32,512
common pleas of Franklin county.
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 32,522
of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 32,525
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 32,527
distribution, and, except with respect to A-4 permit holders, 32,528
offer for sale. 32,529
(B) For the purposes of providing revenues for the support 32,532
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio, 32,533
except for known sacramental purposes, at the rate of thirty 32,534
cents per wine gallon for wine containing not less than four per 32,535
cent of alcohol by volume and not more than fourteen per cent of 32,536
alcohol by volume, ninety-eight cents per wine gallon for wine 32,537
containing more than fourteen per cent but not more than 32,538
twenty-one per cent of alcohol by volume, one dollar and eight 32,539
cents per wine gallon for vermouth, and one dollar and 32,540
forty-eight cents per wine gallon for sparkling and carbonated 32,541
wine and champagne, the tax to be paid by the holders of A-2 and 32,542
B-5 permits or by any other person selling or distributing wine 32,543
upon which no tax has been paid. From the tax paid under this 32,545
section on wine, vermouth, and sparkling and carbonated wine and 32,546
champagne, the treasurer of state shall credit to the Ohio grape 32,547
industries fund created under section 924.54 of the Revised Code 32,548
a sum equal to one cent per gallon for each gallon upon which the 32,549
tax is paid.
(C) For the purpose of providing revenues for the support 32,551
735
of the state, there is hereby levied a tax on prepared and 32,552
bottled highballs, cocktails, cordials, and other mixed beverages 32,553
at the rate of one dollar and twenty cents per wine gallon to be 32,554
paid by holders of A-4 permits or by any other person selling or 32,555
distributing those products upon which no tax has been paid. 32,556
Only one sale of the same article shall be used in computing the 32,557
amount of tax due. The tax on mixed beverages to be paid by 32,558
holders of A-4 permits under this section shall not attach until 32,559
the ownership of the mixed beverage is transferred for valuable 32,560
consideration to a wholesaler or retailer, and no payment of the 32,561
tax shall be required prior to that time. 32,562
(D) During the period from the effective date of this 32,565
amendment JUNE 30, 1995, until July 1, 1997 1999, from the tax 32,566
paid under this section on wine, vermouth, and sparkling and 32,567
carbonated wine and champagne, the treasurer of state shall 32,568
credit to the Ohio grape industries fund created under section 32,570
924.54 of the Revised Code a sum equal to two cents per gallon
upon which the tax is paid. The amount credited under this 32,571
division is in addition to the amount credited to the Ohio grape 32,572
industries fund under division (B) of this section. 32,573
(E) For the purpose of providing revenues for the support 32,575
of the state, there is hereby levied a tax on cider at the rate 32,577
of twenty-four cents per wine gallon to be paid by the holders of 32,578
A-2 and B-5 permits or by any other person selling or 32,579
distributing cider upon which no tax has been paid. Only one 32,580
sale of the same article shall be used in computing the amount of 32,581
the tax due.
Sec. 4305.13. (A) If the tax commissioner finds that any 32,591
permit holder, liable for tax under Chapter 4301., 4305., or 32,592
4307. of the Revised Code, is about to depart from the state, 32,593
remove his THE PERMIT HOLDER'S property from the state, conceal 32,594
himself THE PERMIT HOLDER'S SELF or his property, or do any other 32,596
act tending to prejudice, obstruct, or render wholly or partially 32,597
ineffectual proceedings to collect the tax, unless the 32,598
736
proceedings are commenced without delay, or if the commissioner 32,599
believes that the collection of the amount due from any permit 32,600
holder will be jeopardized by delay, the commissioner may issue a 32,601
jeopardy assessment against the permit holder for the amount of 32,602
the tax, plus a penalty of thirty per cent. Upon issuance of a 32,603
jeopardy assessment under this division, the total amount 32,604
assessed shall immediately be due and payable unless security is 32,605
provided pursuant to division (C) of this section. Any 32,606
assessment not paid within thirty days after service of the 32,608
notice of assessment ISSUED UNDER THIS SECTION shall bear 32,609
interest computed at the rate per annum AS prescribed by section 32,610
5703.47 4305.131 of the Revised Code from the due date of the 32,612
tax.
(B) The commissioner immediately shall file an entry with 32,614
the clerk of the court of common pleas in the same manner and 32,615
with the same effect as provided in section 4305.131 of the 32,616
Revised Code. Notice of the jeopardy assessment shall be served 32,617
on the permit holder assessed or his THE PERMIT HOLDER'S legal 32,618
representative within five days of the filing of the entry. The 32,620
permit holder assessed may petition for reassessment within 32,621
thirty days of his receipt of the notice of jeopardy assessment 32,622
in the same manner as provided in section 4305.131 of the Revised 32,623
Code. Full or partial payment of the assessment shall not 32,624
prejudice the commissioner's consideration of the merits of the 32,625
assessment as contested by the petition for reassessment. Upon 32,626
notification of the existence of the judgment filed pursuant to 32,627
this division, any public official having control or custody of 32,628
any funds or property of the person assessed immediately shall 32,629
pay or deliver the funds or property to the commissioner as full 32,630
or partial satisfaction of the jeopardy assessment. However, 32,631
funds or property needed as evidence in criminal proceedings or 32,632
that is expected to be forfeited pursuant to section 2923.35, 32,633
2933.41, or 2933.43 of the Revised Code, need not be relinquished 32,634
by the public official. Upon disposition of criminal and 32,635
737
forfeiture proceedings, funds and property not needed as evidence 32,636
and not forfeited shall be delivered to the commissioner. 32,637
(C) If the permit holder subject to a jeopardy assessment 32,639
files a petition for reassessment and posts security satisfactory 32,640
to the commissioner in an amount sufficient to satisfy the unpaid 32,641
balance of the assessment, execution on the judgment shall be 32,642
stayed pending disposition of the petition for reassessment and 32,643
all appeals resulting from the petition. If the security is 32,644
sufficient to satisfy the full amount of the assessment, the 32,645
commissioner shall return any funds or property of the permit 32,646
holder previously seized. Upon satisfaction of the assessment 32,647
the commissioner shall order the security released and the 32,648
judgment vacated. 32,649
Sec. 4305.131. (A) If any permit holder fails to pay the 32,659
taxes levied in section 4301.42, 4301.43, 4301.432, or 4305.01 of 32,660
the Revised Code in the manner prescribed by section 4303.33 of 32,661
the Revised Code, or in section 4301.421 or 4301.424 of the 32,662
Revised Code in the manner prescribed in section 4301.422 of the 32,663
Revised Code, and by the rules of the tax commissioner, the 32,664
commissioner may make an assessment against the permit holder 32,665
based upon any information in the commissioner's possession. 32,666
No assessment shall be made against any permit holder for 32,668
any taxes imposed by section 4301.42, 4301.421, 4301.424, 32,669
4301.43, 4301.432, or 4305.01 of the Revised Code more than three 32,670
years after the last day of the calendar month in which the sale 32,671
was made or more than three years after the return for that 32,672
period is filed, whichever is later. This section does not bar 32,673
an assessment against any permit holder or registrant as provided 32,674
in section 4303.331 of the Revised Code who fails to file a 32,675
return as required by section 4301.422 or 4303.33 of the Revised 32,676
Code, or who files a fraudulent return. 32,677
A penalty of thirty per cent shall be added to the amount 32,679
of every assessment made under this section. The commissioner 32,680
may adopt rules providing for the remission of penalties added to 32,681
738
assessments made under this section. 32,682
The commissioner shall give the party assessed written 32,684
notice of the assessment by personal service or certified mail. 32,685
All assessments, exclusive of penalties, not paid within thirty 32,686
days after service of the notice of assessment, shall bear 32,687
interest at the rate per annum prescribed by section 5703.47 of 32,688
the Revised Code. 32,689
(B) Unless the party to whom the notice of assessment is 32,691
directed files with the commissioner within thirty days after 32,692
service of the notice of assessment, either personally or by 32,693
certified mail, a petition for reassessment in writing, signed by 32,694
the party assessed, or by his THAT PARTY'S authorized agent 32,695
having knowledge of the facts, the assessment shall become 32,697
conclusive FINAL and the amount of the assessment shall be due 32,699
and payable from the party assessed to the treasurer of state. 32,700
The petition shall indicate the objections of the party assessed, 32,701
but additional objections may be raised in writing if received 32,702
prior to the date shown on the final determination by the 32,703
commissioner.
Unless the petitioner waives a hearing, the commissioner 32,705
shall assign a time and place for the hearing on the petition and 32,706
notify the petitioner of the time and place of the hearing by 32,707
personal service or certified mail, but the commissioner may 32,708
continue the hearing from time to time if necessary. 32,709
The commissioner may make such correction to his THE 32,711
assessment as he THE COMMISSIONER finds proper. The commissioner 32,712
shall serve a copy of his THE final determination on the 32,713
petitioner by personal service or certified mail, and his THE 32,714
COMMISSIONER'S decision in the matter shall be final, subject to 32,715
appeal as provided in section 5717.02 of the Revised Code. Only 32,716
objections decided on the merits by the board of tax appeals or a 32,717
court shall be given collateral estoppel or res judicata effect 32,718
in considering an application for refund of amounts paid pursuant 32,719
to the assessment.
739
(C) After an assessment becomes final, if any portion of 32,721
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 32,722
certified copy of the commissioner's entry making the assessment 32,724
final may be filed in the office of the clerk of the court of
common pleas in the county in which the permit holder's place of 32,725
business is located or the county in which the party assessed 32,726
resides. If the party assessed maintains no place of business in 32,727
this state and is not a resident of this state, the certified 32,728
copy of the entry may be filed in the office of the clerk of the 32,729
court of common pleas of Franklin county. 32,730
The clerk, immediately upon the filing of the entry, shall 32,732
enter a judgment for the state against the party assessed in the 32,733
amount shown on the entry. The judgment may be filed by the 32,734
clerk in a loose-leaf book entitled "special judgments for state 32,735
beer and liquor sales taxes."," AND SHALL HAVE THE SAME EFFECT AS 32,737
OTHER JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON 32,738
THE REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO 32,739
SALES ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT 32,740
EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER AND CHAPTERS 4301. 32,742
AND 4307. OF THE REVISED CODE. 32,743
From the date of the filing of the entry in the clerk's 32,745
office, the unpaid THE portion of the assessment NOT PAID WITHIN 32,746
THIRTY DAYS AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear 32,747
interest at the rate per annum prescribed by section 5703.47 of 32,749
the Revised Code and shall have the same effect as other 32,751
judgments. Execution shall issue upon the judgment upon request 32,752
of the commissioner, and all laws applicable to sales on 32,753
execution shall be applicable to sales made under the judgment 32,754
except as provided in this chapter and Chapters 4301. and 4307. 32,755
of the Revised Code FROM THE DAY THE TAX COMMISSIONER ISSUES THE 32,756
ASSESSMENT UNTIL IT IS PAID. INTEREST SHALL BE PAID IN THE SAME 32,757
MANNER AS THE TAX AND MAY BE COLLECTED BY THE ISSUANCE OF AN 32,758
ASSESSMENT UNDER THIS SECTION. 32,759
(D) All money collected under this section shall be 32,761
740
considered as revenue arising from the taxes imposed by sections 32,762
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of 32,763
the Revised Code. 32,764
Sec. 4509.101. (A)(1) No person shall operate, or permit 32,777
the operation of, a motor vehicle in this state, unless proof of 32,778
financial responsibility is maintained continuously throughout 32,779
the registration period with respect to that vehicle, or, in the 32,780
case of a driver who is not the owner, with respect to that 32,781
person's driver's operation of that vehicle. 32,783
(2) Whoever violates division (A)(1) of this section shall 32,785
be subject to the following civil penalties: 32,786
(a) Suspension of the person's operating privileges and 32,788
impoundment of the person's license until the person complies 32,789
with division (A)(5) of this section. The suspension shall be 32,790
for a period of not less than ninety days except that if, within 32,791
five years of the violation, the person's operating privileges 32,792
are again suspended and the person's license is impounded one or 32,794
more times for a violation of division (A)(1) of this section, 32,795
the suspension shall be for a period of not less than one year. 32,796
The suspension is not subject to revocation, suspension, or 32,797
occupational or other limited operating privileges. 32,798
(b) In addition to the suspension of an owner's license 32,800
under division (A)(2)(a) of this section, the suspension of the 32,801
rights of the owner to register the motor vehicle and the 32,802
impoundment of the owner's certificate of registration and 32,803
license plates until the owner complies with division (A)(5) of 32,805
this section.
(3) A person to whom this state has issued a certificate 32,807
of registration for a motor vehicle or a license to operate a 32,808
motor vehicle or who is determined to have operated any motor 32,809
vehicle or permitted the operation in this state of a motor 32,810
vehicle owned by the person shall be required to verify the 32,811
existence of proof of financial responsibility covering the 32,812
operation of the motor vehicle or the person's operation of the 32,813
741
motor vehicle under any of the following circumstances: 32,814
(a) The person or a motor vehicle owned by the person is 32,816
involved in a traffic accident that requires the filing of an 32,817
accident report under section 4509.06 of the Revised Code. 32,818
(b) The person receives a traffic ticket indicating that 32,820
proof of the maintenance of financial responsibility was not 32,821
produced upon the request of a peace officer or state highway 32,822
patrol trooper made in accordance with division (D)(2) of this 32,824
section.
(c) Whenever, in accordance with rules adopted by the 32,826
registrar, the person is randomly selected by the registrar and 32,827
requested to provide such verification. 32,828
(4) An order of the registrar that suspends and impounds a 32,831
license or registration, or both, shall state the date on or 32,832
before which the person is required to surrender the person's 32,833
license or certificate of registration and license plates. The 32,834
person is deemed to have surrendered the license or certificate 32,835
of registration and license plates, in compliance with the order, 32,837
if the person does either of the following:
(a) On or before the date specified in the order, 32,839
personally delivers the license or certificate of registration 32,840
and license plates, or causes the delivery of the items, to the 32,842
registrar;
(b) Mails the license or certificate of registration and 32,844
license plates to the registrar in an envelope or container 32,845
bearing a postmark showing a date no later than the date 32,847
specified in the order.
(5) The registrar shall not restore any operating 32,849
privileges or registration rights suspended under this section, 32,850
return any license, certificate of registration, or license 32,851
plates impounded under this section, or reissue license plates 32,852
under section 4503.232 of the Revised Code, if the registrar 32,853
destroyed the impounded license plates under that section, or 32,855
reissue a license under section 4507.54 of the Revised Code, if 32,856
742
the registrar destroyed the suspended license under that section, 32,857
unless the rights are not subject to suspension or revocation 32,858
under any other law and unless the person, in addition to 32,859
complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights, 32,860
complies with all of the following: 32,861
(a) Pays a financial responsibility reinstatement fee of 32,863
seventy-five dollars for the first violation of division (A)(1) 32,864
of this section, two hundred fifty dollars for a second violation 32,865
of that division, and five hundred dollars for a third or 32,866
subsequent violation of that division; 32,867
(b) If the person has not voluntarily surrendered the 32,869
license, certificate, or license plates in compliance with the 32,870
order, pays a financial responsibility nonvoluntary compliance 32,871
fee in an amount, not to exceed fifty dollars, determined by the 32,872
registrar;
(c) Files and continuously maintains proof of financial 32,874
responsibility under sections 4509.44 to 4509.65 of the Revised 32,875
Code. 32,876
(B)(1) shall the defendant's, shall license license 32,878
license the person's the person's license the person the person's 32,879
license the person the person's in shall license the person's 32,880
license the person's license, the person's the person's 32,881
certificate of license shall license may Every party required to
file an accident report under section 4509.06 of the Revised Code 32,882
also shall include with the report a document described in 32,883
division (G)(1) of this section. 32,884
If the registrar determines, within forty-five days after 32,886
the report is filed, that an operator or owner has violated 32,887
division (A)(1) of this section, the registrar shall do all of 32,888
the following: 32,889
(a) Order the impoundment, with respect to the motor 32,891
vehicle involved, required under division (A)(2)(b) of this 32,892
section, of the certificate of registration and license plates of 32,894
743
any owner who has violated division (A)(1) of this section; 32,895
(b) Order the suspension required under division (A)(2)(a) 32,897
of this section of the license of any operator or owner who has 32,898
violated division (A)(1) of this section; 32,899
(c) Record the name and address of the person whose 32,901
certificate of registration and license plates have been 32,902
impounded or are under an order of impoundment, or whose license 32,903
has been suspended or is under an order of suspension; the serial 32,904
number of the that person's license; the serial numbers of the 32,906
that person's certificate of registration and license plates; and 32,907
the person's social security account number, if assigned, or, 32,908
where the motor vehicle is used for hire or principally in 32,909
connection with any established business, the person's federal 32,910
taxpayer identification number. The information shall be 32,911
recorded in such a manner that it becomes a part of the person's 32,912
permanent record, and assists the registrar in monitoring 32,913
compliance with the orders of suspension or impoundment. 32,914
(d) Send written notification to every person to whom the 32,916
order pertains, at the person's last known address as shown on 32,917
the records of the bureau. The person, within ten days after the 32,919
date of the mailing of the notification, shall surrender to the 32,920
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates 32,921
under an order of impoundment, or any license under an order of 32,922
suspension. 32,923
(2) The registrar shall issue any order under division 32,925
(B)(1) of this section without a hearing. Any person adversely 32,927
affected by the order, within ten days after the issuance of the 32,929
order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a 32,930
hearing in accordance with this paragraph. A request for a 32,931
hearing does not operate as a suspension of the order. The scope 32,932
of the hearing shall be limited to whether the person in fact 32,933
demonstrated to the registrar proof of financial responsibility 32,934
744
in accordance with this section. The registrar shall determine 32,935
the date, time, and place of any hearing, provided that the 32,936
hearing shall be held, and an order issued or findings made, 32,937
within thirty days after the registrar receives a request for a 32,938
hearing. If requested by the person in writing, the registrar 32,939
may designate as the place of hearing the county seat of the 32,940
county in which the person resides or a place within fifty miles 32,941
of the person's residence. The person shall pay the cost of the 32,942
hearing before the registrar, if the registrar's order of 32,943
suspension or impoundment is upheld. 32,944
(C) Any order of suspension or impoundment issued under 32,946
this section or division (B) of section 4509.37 of the Revised 32,947
Code may be terminated at any time if the registrar determines 32,948
upon a showing of proof of financial responsibility that the 32,949
operator or owner of the motor vehicle was in compliance with 32,950
division (A)(1) of this section at the time of the traffic 32,951
offense, motor vehicle inspection, or accident that resulted in 32,953
the order against the person. A determination may be made 32,954
without a hearing. This division does not apply unless the 32,955
person shows good cause for the person's failure to present 32,956
satisfactory proof of financial responsibility to the registrar 32,958
prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every 32,960
peace officer is deemed an agent of the registrar. Any peace 32,961
officer who, in the performance of the peace officer's duties as 32,962
authorized by law, becomes aware of a person whose license is 32,964
under an order of suspension, or whose certificate of 32,965
registration and license plates are under an order of 32,966
impoundment, pursuant to this section, may confiscate the 32,967
license, certificate of registration, and license plates, and 32,968
return them to the registrar. 32,969
(2) A peace officer shall request the owner or operator of 32,971
a motor vehicle to produce proof of financial responsibility in a 32,972
manner described in division (G) of this section at the time the 32,974
745
peace officer acts to enforce the traffic laws of this state and 32,975
during motor vehicle inspections conducted pursuant to section 32,976
4513.02 of the Revised Code. 32,977
(3) A peace officer shall indicate on every traffic ticket 32,979
whether the person receiving the traffic ticket produced proof of 32,980
the maintenance of financial responsibility in response to the 32,981
officer's request under division (D)(2) of this section. The 32,983
peace officer shall inform every person who receives a traffic 32,984
ticket and who has failed to produce proof of the maintenance of 32,987
financial responsibility that the person must submit proof to the 32,988
traffic violations bureau with any payment of a fine and costs 32,989
for the ticketed violation or, if the person is to appear in 32,990
court for the violation, the person must submit proof to the 32,992
court.
(4)(a) If a person who has failed to produce proof of the 32,996
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present 32,997
evidence of proof of financial responsibility to the court at 32,999
such time and in such manner as the court determines to be 33,000
necessary or appropriate. The clerk of courts shall provide the 33,001
registrar with the identity of any person who fails to submit 33,002
proof of the maintenance of financial responsibility pursuant to 33,003
division (D)(3) of this section this this. 33,004
(b) If a person who has failed to produce proof of the 33,006
maintenance of financial responsibility also fails to submit that 33,007
proof to the traffic violations bureau with payment of a fine and 33,008
costs for the ticketed violation, the traffic violations bureau 33,009
shall notify the registrar of the identity of that person. 33,010
(5)(a) Upon receiving notice from a clerk of courts or 33,012
traffic violations bureau pursuant to division (D)(4) of this 33,013
section, the registrar shall ORDER THE SUSPENSION OF THE LICENSE 33,015
OF THE PERSON REQUIRED UNDER DIVISION (A)(2)(a) OF THIS SECTION 33,016
AND THE IMPOUNDMENT OF THE PERSON'S CERTIFICATE OF REGISTRATION 33,017
AND LICENSE PLATES REQUIRED UNDER DIVISION (A)(2)(b) OF THIS 33,018
746
SECTION, EFFECTIVE THIRTY DAYS AFTER THE DATE OF THE MAILING OF 33,019
NOTIFICATION. THE REGISTRAR ALSO SHALL notify the person that 33,021
the person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the 33,022
registrar the person's certificate of registration, registration 33,023
LICENSE plates, and license, or submit a statement subject to 33,025
section 2921.13 of the Revised Code that the person did not 33,026
operate or permit the operation of the motor vehicle at the time 33,028
of the offense and, if a court appearance was required, did not 33,029
fail to appear in court on the charge of the traffic offense. 33,030
Notification shall be in writing and shall be sent to the person 33,032
at the person's last known address as shown on the records of the 33,033
bureau of motor vehicles. The person, within fifteen days after 33,034
the date of the mailing of notification, shall present proof of 33,035
financial responsibility, surrender the certificate of 33,036
registration, registration LICENSE plates, and license to the 33,037
registrar in a manner set forth in division (A)(4) of this 33,039
section, or submit the statement required under this section 33,040
together with other information the person considers appropriate. 33,041
The registrar shall make an investigation to determine, upon the 33,042
basis of the statement and information submitted by the person 33,043
and other evidence that the registrar may require from the person 33,044
or discover in the course of the investigation, whether there is 33,045
a reasonable basis for believing that the person operated or 33,046
permitted the operation of the motor vehicle at the time of the 33,047
traffic offense without the operation being covered by proof of 33,048
financial responsibility. If the registrar determines that a 33,049
reasonable basis exists, the registrar shall afford the person an 33,050
opportunity for hearing, after due notice of the time and place 33,051
for hearing given to the person in accordance with the provisions 33,052
of this section, to determine whether the person has violated 33,053
division (A) of this section. 33,054
If the registrar does not receive proof, OR the person has 33,057
DOES not surrendered SURRENDER the certificate of registration, 33,058
747
registration LICENSE plates, and license, in accordance with this 33,059
division, or the registrar determines, after hearing, that the 33,060
person operated or permitted the operation in this state of a 33,061
motor vehicle and has failed to demonstrate proof of financial 33,062
responsibility as required under this section, the registrar 33,063
shall PERMIT THE order FOR the immediate suspension of the 33,064
license of the person required under division (A)(2)(a) of this 33,065
section and the impoundment of the person's certificate of 33,067
registration and registration LICENSE plates required under 33,069
division (A)(2)(b) of this section TO TAKE EFFECT.
(b) In the case of a person who presents, within the 33,071
fifteen-day period, documents to show proof of financial 33,072
responsibility but fails to demonstrate proof of financial 33,073
responsibility to the satisfaction of the registrar, the 33,074
registrar shall TERMINATE THE order the immediate OF suspension 33,076
of the person's license required under division (A)(2)(a) of this 33,077
section and the impoundment of the registration and registration 33,078
LICENSE plates required under division (A)(2)(b) of this section 33,080
and shall send written notification to the person, at the 33,082
person's last known address as shown on the records of the 33,083
bureau. The person, within ten days after the date of the 33,084
mailing of the notification, shall surrender to the registrar, in 33,085
a manner set forth in division (A)(4) of this section, any 33,086
certificate of registration and registration plates under an 33,087
order of impoundment, or any license under an order of 33,090
suspension.
(c) Any person adversely affected by the order of the 33,092
registrar under division (D)(5)(a) or (b) of this section, within 33,095
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide 33,096
the person with an opportunity for a hearing in accordance with 33,097
this paragraph. A request for a hearing does not operate as a 33,098
suspension of the order. The scope of the hearing shall be 33,099
limited to whether the person in fact demonstrated to the 33,100
748
registrar proof of financial responsibility in accordance with 33,101
this section. The registrar shall determine the date, time, and 33,102
place of any hearing; provided, that the hearing shall be held, 33,103
and an order issued or findings made, within thirty days after 33,104
the registrar receives a request for a hearing. If requested by 33,105
the person in writing, the registrar may designate as the place 33,106
of hearing the county seat of the county in which the person 33,107
resides or a place within fifty miles of the person's residence. 33,108
Such person shall pay the cost of the hearing before the 33,109
registrar, if the registrar's order of suspension or impoundment 33,110
under division (D)(5)(a) or (b) of this section is upheld. 33,111
(6) A peace officer may charge an owner or operator of a 33,113
motor vehicle with a violation of division (B)(1) of section 33,114
4507.02 of the Revised Code when the owner or operator fails to 33,115
show proof of the maintenance of financial responsibility 33,116
pursuant to a peace officer's request under division (D)(2) of 33,118
this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the 33,119
operation of the motor vehicle, is required to file and maintain 33,120
proof of financial responsibility under section 4509.45 of the 33,121
Revised Code for a previous violation of this chapter. 33,122
(7) Any forms used by law enforcement agencies in 33,124
administering this section shall be prescribed, supplied, and 33,125
paid for by the registrar. 33,126
(8) No peace officer, law enforcement agency employing a 33,128
peace officer, or political subdivision or governmental agency 33,129
that employs a peace officer shall be liable in a civil action 33,130
for damages or loss to persons arising out of the performance of 33,131
any duty required or authorized by this section. 33,132
(9) As used in this division and divisions (E) and (G) of 33,135
this section, "peace officer" has the meaning set forth in 33,136
section 2935.01 of the Revised Code. 33,137
(E) All fees, except court costs, collected under this 33,139
section shall be paid into the state treasury to the credit of 33,140
749
the financial responsibility compliance fund. The financial 33,141
responsibility compliance fund shall be used exclusively to cover 33,142
costs incurred by the bureau in the administration of this 33,143
section and sections 4503.20, 4507.212, and 4509.81 of the 33,144
Revised Code, and by any law enforcement agency employing any 33,145
peace officer who returns any license, certificate of 33,146
registration, and license plates to the registrar pursuant to 33,148
division (C) of this section, except that the director of budget 33,150
and management may transfer excess money from the financial 33,151
responsibility compliance fund to the state bureau of motor 33,152
vehicles fund if the registrar determines that the amount of
money in the financial responsibility compliance fund exceeds the 33,154
amount required to cover such costs incurred by the bureau or a 33,155
law enforcement agency and requests the director to make the 33,156
transfer. 33,157
All investment earnings of the financial responsibility 33,159
compliance fund shall be credited to the fund. 33,160
(F) Chapter 119. of the Revised Code applies to this 33,162
section only to the extent that any provision in that chapter is 33,163
not clearly inconsistent with this section. 33,164
(G)(1) The registrar, court, traffic violations bureau, or 33,167
peace officer may require proof of financial responsibility to be 33,168
demonstrated by use of a standard form prescribed by the 33,169
registrar. If the use of a standard form is not required, a 33,170
person may demonstrate proof of financial responsibility under 33,171
this section by presenting to the traffic violations bureau, 33,172
court, registrar, or peace officer any of the following documents 33,173
or a copy of the documents: 33,174
(a) A financial responsibility identification card as 33,176
provided in section 4509.104 of the Revised Code; 33,177
(b) A certificate of proof of financial responsibility on 33,179
a form provided and approved by the registrar for the filing of 33,180
an accident report required to be filed under section 4509.06 of 33,181
the Revised Code; 33,182
750
(c) A policy of liability insurance, a declaration page of 33,184
a policy of liability insurance, or liability bond, if the policy 33,185
or bond complies with section 4509.20 or sections 4509.49 to 33,186
4509.61 of the Revised Code; 33,187
(d) A bond or certification of the issuance of a bond as 33,189
provided in section 4509.59 of the Revised Code; 33,190
(e) A certificate of deposit of money or securities as 33,192
provided in section 4509.62 of the Revised Code; 33,193
(f) A certificate of self-insurance as provided in section 33,195
4509.72 of the Revised Code. 33,196
(2) If a person fails to demonstrate proof of financial 33,198
responsibility in a manner described in division (G)(1) of this 33,200
section, the person may demonstrate proof of financial 33,201
responsibility under this section by any other method that the 33,202
court or the bureau, by reason of circumstances in a particular 33,203
case, may consider appropriate. 33,204
(3) A motor carrier certificated by the interstate 33,206
commerce commission or by the public utilities commission may 33,207
demonstrate proof of financial responsibility by providing a 33,208
statement designating the motor carrier's operating authority and 33,209
averring that the insurance coverage required by the 33,210
certificating authority is in full force and effect. 33,211
(4)(a) A finding by the registrar or court that a person 33,213
is covered by proof of financial responsibility in the form of an 33,214
insurance policy or surety bond is not binding upon the named 33,215
insurer or surety or any of its officers, employees, agents, or 33,216
representatives and has no legal effect except for the purpose of 33,217
administering this section. 33,218
(b) The preparation and delivery of a financial 33,220
responsibility identification card or any other document 33,221
authorized to be used as proof of financial responsibility under 33,222
this division does not do any of the following: 33,223
(i) Create any liability or estoppel against an insurer or 33,225
surety, or any of its officers, employees, agents, or 33,226
751
representatives; 33,227
(ii) Constitute an admission of the existence of, or of 33,229
any liability or coverage under, any policy or bond; 33,230
(iii) Waive any defenses or counterclaims available to an 33,232
insurer, surety, agent, employee, or representative in an action 33,233
commenced by an insured or third-party claimant upon a cause of 33,234
action alleged to have arisen under an insurance policy or surety 33,235
bond or by reason of the preparation and delivery of a document 33,236
for use as proof of financial responsibility. 33,237
(c) Whenever it is determined by a final judgment in a 33,239
judicial proceeding that an insurer or surety, which has been 33,240
named on a document accepted by a court or the registrar as proof 33,241
of financial responsibility covering the operation of a motor 33,242
vehicle at the time of an accident or offense, is not liable to 33,243
pay a judgment for injuries or damages resulting from such 33,244
operation, the registrar, notwithstanding any previous contrary 33,246
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was 33,247
rendered as provided in division (A)(2) of this section. 33,248
(H) In order for any document described in division 33,250
(G)(1)(b) of this section to be used for the demonstration of 33,252
proof of financial responsibility under this section, the 33,253
document shall state the name of the insured or obligor, the name 33,254
of the insurer or surety company, and the effective and 33,255
expiration dates of the financial responsibility, and designate 33,256
by explicit description or by appropriate reference all motor 33,257
vehicles covered which may include a reference to fleet insurance 33,258
coverage. 33,259
(I) For purposes of this section, "owner" does not include 33,261
a licensed motor vehicle leasing dealer as defined in section 33,262
4517.01 of the Revised Code, but does include a motor vehicle 33,263
renting dealer as defined in section 4549.65 of the Revised Code. 33,264
Nothing in this section or in section 4509.51 of the Revised Code 33,265
shall be construed to prohibit a motor vehicle renting dealer 33,266
752
from entering into a contractual agreement with a person whereby 33,267
the person renting the motor vehicle agrees to be solely 33,268
responsible for maintaining proof of financial responsibility, in 33,270
accordance with this section, with respect to the operation, 33,271
maintenance, or use of the motor vehicle during the period of the 33,273
motor vehicle's rental.
(J) The purpose of this section is to require the 33,275
maintenance of proof of financial responsibility with respect to 33,276
the operation of motor vehicles on the highways of this state, so 33,277
as to minimize those situations in which persons are not 33,278
compensated for injuries and damages sustained in motor vehicle 33,279
accidents. The general assembly finds that this section contains 33,280
reasonable civil penalties and procedures for achieving this 33,281
purpose. 33,282
(K) Nothing in this section shall be construed to be 33,284
subject to section 4509.78 of the Revised Code. 33,285
(L) The registrar shall adopt rules in accordance with 33,287
Chapter 119. of the Revised Code that are necessary to administer 33,288
and enforce this section. The rules shall include procedures for 33,289
the surrender of license plates upon failure to maintain proof of 33,291
financial responsibility and provisions relating to reinstatement 33,292
of registration rights, acceptable forms of proof of financial 33,293
responsibility, and verification of the existence of financial 33,294
responsibility during the period of registration.
Sec. 4511.102. As used in sections 4511.102 to 4511.106 of 33,303
the Revised Code: 33,304
(A) "Tourist-oriented activity" includes any lawful 33,306
cultural, historical, recreational, educational, or commercial 33,307
activity a major portion of whose income or visitors are derived 33,309
during the normal business season from motorists not residing in 33,310
the immediate area of the activity and attendance at which is no 33,311
less than two thousand visitors in any consecutive twelve-month 33,312
period.
(B) "Eligible attraction" means any tourist-oriented 33,314
753
activity that meets all of the following criteria: 33,315
(1) Is not eligible for inclusion in the business logo 33,318
sign program established under section 4511.101 of the Revised 33,319
Code;
(2) If currently advertised by signs adjacent to a highway 33,321
on the interstate system or state system, those signs are 33,322
consistent with Chapter 5516. of the Revised Code and the 33,323
"National Highway Beautification Act of 1965," 79 Stat. 1028, 23 33,324
U.S.C. 131, and the national standards, criteria, and rules 33,325
adopted pursuant to that act; 33,326
(3) Is within ten miles of the highway for which signing 33,328
is sought under sections 4511.102 to 4511.105 of the Revised 33,329
Code; 33,330
(4) Meets any additional criteria developed by the 33,332
director of transportation and adopted by the director as rules 33,333
in accordance with Chapter 119. of the Revised Code. 33,334
(C) "Interstate system" has the same meaning as in section 33,336
5516.01 of the Revised Code. 33,337
(D) "Commercial activity" means a farm market, winery, or 33,339
a bed and breakfast, ANTIQUE SHOP, CRAFT STORE, OR GIFT STORE. 33,340
Sec. 4511.191. (A) Any person who operates a vehicle upon 33,349
a highway or any public or private property used by the public 33,350
for vehicular travel or parking within this state shall be deemed 33,351
to have given consent to a chemical test or tests of the person's 33,353
blood, breath, or urine for the purpose of determining the 33,354
alcohol, drug, or alcohol and drug content of the person's blood, 33,355
breath, or urine if arrested for operating a vehicle while under 33,357
the influence of alcohol, a drug of abuse, or alcohol and a drug 33,358
of abuse or for operating a vehicle with a prohibited 33,359
concentration of alcohol in the blood, breath, or urine. The 33,360
chemical test or tests shall be administered at the request of a 33,361
police officer having reasonable grounds to believe the person to 33,362
have been operating a vehicle upon a highway or any public or 33,363
private property used by the public for vehicular travel or 33,364
754
parking in this state while under the influence of alcohol, a 33,365
drug of abuse, or alcohol and a drug of abuse or with a 33,366
prohibited concentration of alcohol in the blood, breath, or 33,367
urine. The law enforcement agency by which the officer is 33,368
employed shall designate which of the tests shall be
administered. 33,369
(B) Any person who is dead or unconscious, or who is 33,371
otherwise in a condition rendering the person incapable of 33,372
refusal, shall be deemed not to have withdrawn consent as 33,374
provided by division (A) of this section and the test or tests 33,375
may be administered, subject to sections 313.12 to 313.16 of the 33,376
Revised Code. 33,377
(C)(1) Any person under arrest for operating a vehicle 33,379
while under the influence of alcohol, a drug of abuse, or alcohol 33,380
and a drug of abuse or for operating a vehicle with a prohibited 33,381
concentration of alcohol in the blood, breath, or urine shall be 33,382
advised at a police station, or at a hospital, first-aid station, 33,383
or clinic to which the person has been taken for first-aid or 33,384
medical treatment, of both of the following: 33,385
(a) The consequences, as specified in division (E) of this 33,387
section, of the person's refusal to submit upon request to a 33,388
chemical test designated by the law enforcement agency as 33,390
provided in division (A) of this section; 33,391
(b) The consequences, as specified in division (F) of this 33,393
section, of the person's submission to the designated chemical 33,395
test if the person is found to have a prohibited concentration of 33,396
alcohol in the blood, breath, or urine. 33,397
(2)(a) The advice given pursuant to division (C)(1) of 33,399
this section shall be in a written form containing the 33,400
information described in division (C)(2)(b) of this section and 33,401
shall be read to the person. The form shall contain a statement 33,402
that the form was shown to the person under arrest and read to 33,403
the person in the presence of the arresting officer and either 33,405
another police officer, a civilian police employee, or an 33,406
755
employee of a hospital, first-aid station, or clinic, if any, to 33,407
which the person has been taken for first-aid or medical 33,408
treatment. The witnesses shall certify to this fact by signing 33,409
the form.
(b) The form required by division (C)(2)(a) of this 33,411
section shall read as follows: 33,412
"You now are under arrest for operating a vehicle while 33,414
under the influence of alcohol, a drug of abuse, or both alcohol 33,415
and a drug of abuse and will be requested by a police officer to 33,416
submit to a chemical test to determine the concentration of 33,417
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 33,418
blood, breath, or urine. 33,419
If you refuse to submit to the requested test or if you 33,421
submit to the requested test and are found to have a prohibited 33,422
concentration of alcohol in your blood, breath, or urine, your 33,423
driver's or commercial driver's license or permit or nonresident 33,424
operating privilege immediately will be suspended for the period 33,425
of time specified by law by the officer, on behalf of the 33,426
registrar of motor vehicles. You may appeal this suspension at 33,427
your initial appearance before the court that hears the charges 33,428
against you resulting from the arrest, and your initial 33,429
appearance will be conducted no later than five days after the 33,430
arrest. This suspension is independent of the penalties for the 33,431
offense, and you may be subject to other penalties upon 33,432
conviction." 33,433
(D)(1) If a person under arrest as described in division 33,435
(C)(1) of this section is not asked by a police officer to submit 33,436
to a chemical test designated as provided in division (A) of this 33,437
section, the arresting officer shall seize the Ohio or 33,438
out-of-state driver's or commercial driver's license or permit of 33,439
the person and immediately forward the seized license or permit 33,440
to the court in which the arrested person is to appear on the 33,441
charge for which the person was arrested. If the arrested person 33,442
does not have the person's driver's or commercial driver's 33,443
756
license or permit on his or her person or in his or her vehicle, 33,444
the arresting officer shall order the arrested person to 33,445
surrender it to the law enforcement agency that employs the 33,447
officer within twenty-four hours after the arrest, and, upon the 33,448
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 33,450
person is to appear on the charge for which the person was 33,451
arrested. Upon receipt of the license or permit, the court shall 33,453
retain it pending the initial appearance of the arrested person 33,454
and any action taken under section 4511.196 of the Revised Code. 33,455
If a person under arrest as described in division (C)(1) of 33,457
this section is asked by a police officer to submit to a chemical 33,458
test designated as provided in division (A) of this section and 33,459
is advised of the consequences of the person's refusal or 33,460
submission as provided in division (C) of this section and if the 33,461
person either refuses to submit to the designated chemical test 33,462
or the person submits to the designated chemical test and the 33,463
test results indicate that the person's blood contained a 33,464
concentration of ten-hundredths of one per cent or more by weight 33,465
of alcohol, the person's breath contained a concentration of 33,466
ten-hundredths of one gram or more by weight of alcohol per two 33,467
hundred ten liters of the person's breath, or the person's urine 33,468
contained a concentration of fourteen-hundredths of one gram or 33,470
more by weight of alcohol per one hundred milliliters of the 33,471
person's urine at the time of the alleged offense, the arresting 33,473
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 33,475
suspension upon the person that advises the person that, 33,476
independent of any penalties or sanctions imposed upon the person 33,478
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 33,480
license or permit or nonresident operating privilege is 33,481
suspended, that the suspension takes effect immediately, that the 33,482
suspension will last at least until the person's initial 33,483
757
appearance on the charge that will be held within five days after 33,485
the date of the person's arrest or the issuance of a citation to 33,487
the person, and that the person may appeal the suspension at the 33,489
initial appearance; seize the Ohio or out-of-state driver's or 33,490
commercial driver's license or permit of the person; and 33,491
immediately forward the seized license or permit to the 33,492
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 33,493
THE PERSON'S person or in his or her THE PERSON'S vehicle, the 33,494
arresting officer shall order the person to surrender it to the 33,495
law enforcement agency that employs the officer within 33,496
twenty-four hours after the service of the notice of suspension, 33,498
and, upon the surrender, the officer's employing agency 33,499
immediately shall forward the license or permit to the registrar. 33,500
(b) Verify the current residence of the person and, if it 33,502
differs from that on the person's driver's or commercial driver's 33,503
license or permit, notify the registrar of the change; 33,504
(c) In addition to forwarding the arrested person's 33,506
driver's or commercial driver's license or permit to the 33,507
registrar, send to the registrar, within forty-eight hours after 33,508
the arrest of the person, a sworn report that includes all of the 33,509
following statements: 33,510
(i) That the officer had reasonable grounds to believe 33,512
that, at the time of the arrest, the arrested person was 33,513
operating a vehicle upon a highway or public or private property 33,514
used by the public for vehicular travel or parking within this 33,515
state while under the influence of alcohol, a drug of abuse, or 33,516
alcohol and a drug of abuse or with a prohibited concentration of 33,517
alcohol in the blood, breath, or urine; 33,518
(ii) That the person was arrested and charged with 33,520
operating a vehicle while under the influence of alcohol, a drug 33,521
of abuse, or alcohol and a drug of abuse or with operating a 33,522
vehicle with a prohibited concentration of alcohol in the blood, 33,523
breath, or urine; 33,524
758
(iii) That the officer asked the person to take the 33,526
designated chemical test, advised the person of the consequences 33,527
of submitting to the chemical test or refusing to take the 33,528
chemical test, and gave the person the form described in division 33,529
(C)(2) of this section; 33,530
(iv) That the person refused to submit to the chemical 33,532
test or that the person submitted to the chemical test and the 33,533
test results indicate that the person's blood contained a 33,534
concentration of ten-hundredths of one per cent or more by weight 33,536
of alcohol, the person's breath contained a concentration of 33,537
ten-hundredths of one gram or more by weight of alcohol per two 33,538
hundred ten liters of the person's breath, or the person's urine 33,539
contained a concentration of fourteen-hundredths of one gram or 33,541
more by weight of alcohol per one hundred milliliters of the 33,542
person's urine at the time of the alleged offense; 33,544
(v) That the officer served a notice of suspension upon 33,546
the person as described in division (D)(1)(a) of this section. 33,547
(2) The sworn report of an arresting officer completed 33,549
under division (D)(1)(c) of this section shall be given by the 33,550
officer to the arrested person at the time of the arrest or sent 33,551
to the person by regular first class mail by the registrar as 33,552
soon thereafter as possible, but no later than fourteen days 33,553
after receipt of the report. An arresting officer may give an 33,554
unsworn report to the arrested person at the time of the arrest 33,555
provided the report is complete when given to the arrested person 33,556
and subsequently is sworn to by the arresting officer. As soon 33,557
as possible, but no later than forty-eight hours after the arrest 33,558
of the person, the arresting officer shall send a copy of the 33,559
sworn report to the court in which the arrested person is to 33,560
appear on the charge for which the person was arrested. 33,561
(3) The sworn report of an arresting officer completed and 33,563
sent to the registrar and the court under divisions (D)(1)(c) and 33,564
(D)(2) of this section is prima-facie proof of the information 33,565
and statements that it contains and shall be admitted and 33,566
759
considered as prima-facie proof of the information and statements 33,567
that it contains in any appeal under division (H) of this section 33,568
relative to any suspension of a person's driver's or commercial 33,569
driver's license or permit or nonresident operating privilege 33,570
that results from the arrest covered by the report. 33,571
(E)(1) Upon receipt of the sworn report of an arresting 33,573
officer completed and sent to the registrar and a court pursuant 33,574
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 33,575
person who refused to take the designated chemical test, the 33,576
registrar shall enter into the registrar's records the fact that 33,578
the person's driver's or commercial driver's license or permit or 33,579
nonresident operating privilege was suspended by the arresting 33,580
officer under division (D)(1)(a) of this section and the period 33,581
of the suspension, as determined under divisions (E)(1)(a) to (d) 33,582
of this section. The suspension shall be subject to appeal as 33,583
provided in this section and shall be for whichever of the 33,584
following periods applies: 33,585
(a) If the arrested person, within five years of the date 33,587
on which the person refused the request to consent to the 33,588
chemical test, had not refused a previous request to consent to a 33,590
chemical test of the person's blood, breath, or urine to 33,591
determine its alcohol content, the period of suspension shall be 33,593
one year. If the person is a resident without a license or 33,594
permit to operate a vehicle within this state, the registrar 33,595
shall deny to the person the issuance of a driver's or commercial 33,596
driver's license or permit for a period of one year after the 33,597
date of the alleged violation.
(b) If the arrested person, within five years of the date 33,599
on which the person refused the request to consent to the 33,600
chemical test, had refused one previous request to consent to a 33,602
chemical test of the person's blood, breath, or urine to 33,603
determine its alcohol content, the period of suspension or denial 33,605
shall be two years.
(c) If the arrested person, within five years of the date 33,607
760
on which the person refused the request to consent to the 33,608
chemical test, had refused two previous requests to consent to a 33,610
chemical test of the person's blood, breath, or urine to 33,611
determine its alcohol content, the period of suspension or denial 33,613
shall be three years.
(d) If the arrested person, within five years of the date 33,615
on which the person refused the request to consent to the 33,616
chemical test, had refused three or more previous requests to 33,618
consent to a chemical test of the person's blood, breath, or 33,619
urine to determine its alcohol content, the period of suspension 33,621
or denial shall be five years. 33,622
(2) The suspension or denial imposed under division (E)(1) 33,624
of this section shall continue for the entire one-year, two-year, 33,625
three-year, or five-year period, subject to appeal as provided in 33,626
this section and subject to termination as provided in division 33,627
(K) of this section. 33,628
(F) Upon receipt of the sworn report of an arresting 33,630
officer completed and sent to the registrar and a court pursuant 33,631
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 33,632
person whose test results indicate that the person's blood 33,633
contained a concentration of ten-hundredths of one per cent or 33,635
more by weight of alcohol, the person's breath contained a 33,636
concentration of ten-hundredths of one gram or more by weight of 33,637
alcohol per two hundred ten liters of the person's breath, or the 33,639
person's urine contained a concentration of fourteen-hundredths 33,640
of one gram or more by weight of alcohol per one hundred 33,641
milliliters of the person's urine at the time of the alleged 33,642
offense, the registrar shall enter into the registrar's records 33,643
the fact that the person's driver's or commercial driver's 33,645
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 33,646
this section and the period of the suspension, as determined 33,647
under divisions (F)(1) to (4) of this section. The suspension 33,648
shall be subject to appeal as provided in this section and shall 33,649
761
be for whichever of the following periods that applies: 33,650
(1) Except when division (F)(2), (3), or (4) of this 33,652
section applies and specifies a different period of suspension or 33,653
denial, the period of the suspension or denial shall be ninety 33,654
days.
(2) If the person has been convicted, within ten years of 33,656
the date the test was conducted, of one violation of division (A) 33,658
or (B) of section 4511.19 of the Revised Code, a municipal 33,659
ordinance relating to operating a vehicle while under the 33,660
influence of alcohol, a drug of abuse, or alcohol and a drug of 33,661
abuse, a municipal ordinance relating to operating a vehicle with 33,662
a prohibited concentration of alcohol in the blood, breath, or 33,663
urine, section 2903.04 of the Revised Code in a case in which the 33,664
offender was subject to the sanctions described in division (D) 33,665
of that section, or section 2903.06, 2903.07, or 2903.08 of the 33,666
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 33,667
the jury or judge found that at the time of the commission of the 33,668
offense the offender was under the influence of alcohol, a drug 33,669
of abuse, or alcohol and a drug of abuse, or a statute of any 33,670
other state or a municipal ordinance of a municipal corporation 33,671
located in any other state that is substantially similar to 33,672
division (A) or (B) of section 4511.19 of the Revised Code, the 33,673
period of the suspension or denial shall be one year. 33,674
(3) If the person has been convicted, within ten years of 33,676
the date the test was conducted, of two violations of a statute 33,677
or ordinance described in division (F)(2) of this section, the 33,679
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 33,681
the date the test was conducted, of more than two violations of a 33,682
statute or ordinance described in division (F)(2) of this 33,683
section, the period of the suspension or denial shall be three 33,684
years. 33,685
(G)(1) A suspension of a person's driver's or commercial 33,687
762
driver's license or permit or nonresident operating privilege 33,688
under division (D)(1)(a) of this section for the period of time 33,689
described in division (E) or (F) of this section is effective 33,690
immediately from the time at which the arresting officer serves 33,691
the notice of suspension upon the arrested person. Any 33,692
subsequent finding that the person is not guilty of the charge 33,693
that resulted in the person being requested to take, or in the 33,695
person taking, the chemical test or tests under division (A) of 33,696
this section affects the suspension only as described in division 33,697
(H)(2) of this section. 33,698
(2) If a person is arrested for operating a vehicle while 33,700
under the influence of alcohol, a drug of abuse, or alcohol and a 33,701
drug of abuse or for operating a vehicle with a prohibited 33,702
concentration of alcohol in the blood, breath, or urine and 33,703
regardless of whether the person's driver's or commercial 33,704
driver's license or permit or nonresident operating privilege is 33,705
or is not suspended under division (E) or (F) of this section, 33,706
the person's initial appearance on the charge resulting from the 33,707
arrest shall be held within five days of the person's arrest or 33,708
the issuance of the citation to the person, subject to any 33,709
continuance granted by the court pursuant to division (H)(1) of 33,711
this section regarding the issues specified in that division. 33,712
(H)(1) If a person is arrested for operating a vehicle 33,714
while under the influence of alcohol, a drug of abuse, or alcohol 33,715
and a drug of abuse or for operating a vehicle with a prohibited 33,716
concentration of alcohol in the blood, breath, or urine and if 33,717
the person's driver's or commercial driver's license or permit or 33,718
nonresident operating privilege is suspended under division (E) 33,719
or (F) of this section, the person may appeal the suspension at 33,720
the person's initial appearance on the charge resulting from the 33,723
arrest in the court in which the person will appear on that 33,724
charge. If the person appeals the suspension at the person's 33,725
initial appearance, the appeal does not stay the operation of the 33,726
suspension. Subject to division (H)(2) of this section, no court 33,727
763
has jurisdiction to grant a stay of a suspension imposed under 33,728
division (E) or (F) of this section, and any order issued by any 33,729
court that purports to grant a stay of any suspension imposed 33,730
under either of those divisions shall not be given administrative 33,731
effect.
If the person appeals the suspension at the person's 33,733
initial appearance, either the person or the registrar may 33,734
request a continuance of the appeal. Either the person or the 33,736
registrar shall make the request for a continuance of the appeal 33,737
at the same time as the making of the appeal. If either the 33,738
person or the registrar requests a continuance of the appeal, the 33,739
court may grant the continuance. The court also may continue the 33,740
appeal on its own motion. The granting of a continuance applies 33,741
only to the conduct of the appeal of the suspension and does not 33,742
extend the time within which the initial appearance must be 33,743
conducted, and the court shall proceed with all other aspects of 33,744
the initial appearance in accordance with its normal procedures. 33,745
Neither the request for nor the granting of a continuance stays 33,746
the operation of the suspension that is the subject of the 33,747
appeal.
If the person appeals the suspension at the person's 33,749
initial appearance, the scope of the appeal is limited to 33,750
determining whether one or more of the following conditions have 33,751
not been met: 33,752
(a) Whether the law enforcement officer had reasonable 33,754
ground to believe the arrested person was operating a vehicle 33,755
upon a highway or public or private property used by the public 33,756
for vehicular travel or parking within this state while under the 33,757
influence of alcohol, a drug of abuse, or alcohol and a drug of 33,758
abuse or with a prohibited concentration of alcohol in the blood, 33,759
breath, or urine and whether the arrested person was in fact 33,760
placed under arrest; 33,761
(b) Whether the law enforcement officer requested the 33,763
arrested person to submit to the chemical test designated 33,764
764
pursuant to division (A) of this section; 33,765
(c) Whether the arresting officer informed the arrested 33,767
person of the consequences of refusing to be tested or of 33,768
submitting to the test; 33,769
(d) Whichever of the following is applicable: 33,771
(i) Whether the arrested person refused to submit to the 33,773
chemical test requested by the officer; 33,774
(ii) Whether the chemical test results indicate that the 33,776
arrested person's blood contained a concentration of 33,777
ten-hundredths of one per cent or more by weight of alcohol, the 33,779
person's breath contained a concentration of ten-hundredths of 33,781
one gram or more by weight of alcohol per two hundred ten liters 33,782
of the person's breath, or the person's urine contained a 33,783
concentration of fourteen-hundredths of one gram or more by 33,785
weight of alcohol per one hundred milliliters of the person's 33,786
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 33,788
appearance, the judge or referee of the court or the mayor of the 33,789
mayor's court shall determine whether one or more of the 33,790
conditions specified in divisions (H)(1)(a) to (d) of this 33,791
section have not been met. The person who appeals the suspension 33,792
has the burden of proving, by a preponderance of the evidence, 33,793
that one or more of the specified conditions has not been met. 33,794
If during the appeal at the initial appearance the judge or 33,795
referee of the court or the mayor of the mayor's court determines 33,796
that all of those conditions have been met, the judge, referee, 33,797
or mayor shall uphold the suspension, shall continue the 33,798
suspension, and shall notify the registrar of the decision on a 33,799
form approved by the registrar. Except as otherwise provided in 33,800
division (H)(2) of this section, if the suspension is upheld or 33,801
if the person does not appeal the suspension at the person's 33,802
initial appearance under division (H)(1) of this section, the 33,803
suspension shall continue until the complaint alleging the 33,804
violation for which the person was arrested and in relation to 33,805
765
which the suspension was imposed is adjudicated on the merits by 33,806
the judge or referee of the trial court or by the mayor of the 33,807
mayor's court. If the suspension was imposed under division (E) 33,808
of this section and it is continued under this division, any 33,809
subsequent finding that the person is not guilty of the charge 33,810
that resulted in the person being requested to take the chemical 33,811
test or tests under division (A) of this section does not 33,812
terminate or otherwise affect the suspension. If the suspension 33,813
was imposed under division (F) of this section and it is 33,814
continued under this division, the suspension shall terminate if, 33,815
for any reason, the person subsequently is found not guilty of 33,816
the charge that resulted in the person taking the chemical test 33,817
or tests under division (A) of this section. 33,818
If, during the appeal at the initial appearance, the judge 33,820
or referee of the trial court or the mayor of the mayor's court 33,821
determines that one or more of the conditions specified in 33,822
divisions (H)(1)(a) to (d) of this section have not been met, the 33,823
judge, referee, or mayor shall terminate the suspension, subject 33,824
to the imposition of a new suspension under division (B) of 33,825
section 4511.196 of the Revised Code; shall notify the registrar 33,826
of the decision on a form approved by the registrar; and, except 33,827
as provided in division (B) of section 4511.196 of the Revised 33,829
Code, shall order the registrar to return the driver's or 33,830
commercial driver's license or permit to the person or to take 33,831
such measures as may be necessary, if the license or permit was 33,832
destroyed under section 4507.55 of the Revised Code, to permit 33,833
the person to obtain a replacement driver's or commercial 33,834
driver's license or permit from the registrar or a deputy 33,835
registrar in accordance with that section. The court also shall 33,836
issue to the person a court order, valid for not more than ten 33,837
days from the date of issuance, granting the person operating 33,838
privileges for that period of time.
If the person appeals the suspension at the initial 33,840
appearance, the registrar shall be represented by the prosecuting 33,841
766
attorney of the county in which the arrest occurred if the 33,842
initial appearance is conducted in a juvenile court or county 33,843
court, except that if the arrest occurred within a city or 33,844
village within the jurisdiction of the county court in which the 33,845
appeal is conducted, the city director of law or village 33,846
solicitor of that city or village shall represent the registrar. 33,847
If the appeal is conducted in a municipal court, the registrar 33,848
shall be represented as provided in section 1901.34 of the 33,849
Revised Code. If the appeal is conducted in a mayor's court, the 33,850
registrar shall be represented by the city director of law, 33,851
village solicitor, or other chief legal officer of the municipal 33,852
corporation that operates that mayor's court. 33,853
(I)(1) If a person's driver's or commercial driver's 33,855
license or permit or nonresident operating privilege has been 33,856
suspended pursuant to division (E) of this section, and the 33,857
person, within the preceding seven years, has refused three 33,858
previous requests to consent to a chemical test of the person's 33,860
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 33,862
of division (A) or (B) of section 4511.19 of the Revised Code, a 33,863
municipal ordinance relating to operating a vehicle while under 33,864
the influence of alcohol, a drug of abuse, or alcohol and a drug 33,865
of abuse, a municipal ordinance relating to operating a vehicle 33,866
with a prohibited concentration of alcohol in the blood, breath, 33,867
or urine, section 2903.04 of the Revised Code in a case in which 33,868
the person was subject to the sanctions described in division (D) 33,869
of that section, or section 2903.06, 2903.07, or 2903.08 of the 33,870
Revised Code or a municipal ordinance that is substantially 33,871
similar to section 2903.07 of the Revised Code in a case in which 33,872
the jury or judge found that the person was under the influence 33,873
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 33,874
statute of any other state or a municipal ordinance of a 33,875
municipal corporation located in any other state that is 33,876
substantially similar to division (A) or (B) of section 4511.19 33,877
767
of the Revised Code, the person is not entitled to request, and 33,878
the court shall not grant to the person, occupational driving 33,879
privileges under this division. Any other person whose driver's 33,880
or commercial driver's license or nonresident operating privilege 33,881
has been suspended pursuant to division (E) of this section may 33,882
file a petition requesting occupational driving privileges in the 33,883
municipal court, county court, or, if the person is a minor, 33,884
juvenile court with jurisdiction over the place at which the 33,885
arrest occurred. The petition may be filed at any time subsequent 33,886
to the date on which the arresting officer serves the notice of 33,887
suspension upon the arrested person. The person shall pay the 33,888
costs of the proceeding, notify the registrar of the filing of 33,889
the petition, and send the registrar a copy of the petition. 33,890
In the proceedings, the registrar shall be represented by 33,892
the prosecuting attorney of the county in which the arrest 33,893
occurred if the petition is filed in the juvenile court or county 33,894
court, except that, if the arrest occurred within a city or 33,895
village within the jurisdiction of the county court in which the 33,896
petition is filed, the city director of law or village solicitor 33,897
of that city or village shall represent the registrar. If the 33,898
petition is filed in the municipal court, the registrar shall be 33,899
represented as provided in section 1901.34 of the Revised Code. 33,900
The court, if it finds reasonable cause to believe that 33,902
suspension would seriously affect the person's ability to 33,903
continue in the person's employment, may grant the person 33,904
occupational driving privileges during the period of suspension 33,906
imposed pursuant to division (E) of this section, subject to the 33,907
limitations contained in this division and division (I)(2) of 33,908
this section. The court may grant the occupational driving 33,909
privileges, subject to the limitations contained in this division 33,910
and division (I)(2) of this section, regardless of whether the 33,911
person appeals the suspension at the person's initial appearance 33,913
under division (H)(1) of this section or appeals the decision of 33,914
the court made pursuant to the appeal conducted at the initial 33,915
768
appearance, and, if the person has appealed the suspension or 33,916
decision, regardless of whether the matter at issue has been 33,917
heard or decided by the court. The court shall not grant 33,918
occupational driving privileges to any person who, within seven 33,919
years of the filing of the petition, has refused three previous 33,920
requests to consent to a chemical test of the person's blood, 33,922
breath, or urine to determine its alcohol content or has been 33,923
convicted of or pleaded guilty to three or more violations of 33,924
division (A) or (B) of section 4511.19 of the Revised Code, a 33,925
municipal ordinance relating to operating a vehicle while under 33,926
the influence of alcohol, a drug of abuse, or alcohol and a drug 33,927
of abuse, a municipal ordinance relating to operating a vehicle 33,928
with a prohibited concentration of alcohol in the blood, breath, 33,929
or urine, section 2903.04 of the Revised Code in a case in which 33,930
the person was subject to the sanctions described in division (D) 33,931
of that section, or section 2903.06, 2903.07, or 2903.08 of the 33,932
Revised Code or a municipal ordinance that is substantially 33,933
similar to section 2903.07 of the Revised Code in a case in which 33,934
the jury or judge found that the person was under the influence 33,935
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 33,936
statute of any other state or a municipal ordinance of a 33,937
municipal corporation located in any other state that is 33,938
substantially similar to division (A) or (B) of section 4511.19 33,939
of the Revised Code, and shall not grant occupational driving 33,940
privileges for employment as a driver of commercial motor 33,941
vehicles to any person who is disqualified from operating a 33,942
commercial motor vehicle under section 2301.374 or 4506.16 of the 33,943
Revised Code.
(2)(a) In granting occupational driving privileges under 33,945
division (I)(1) of this section, the court may impose any 33,946
condition it considers reasonable and necessary to limit the use 33,947
of a vehicle by the person. The court shall deliver to the 33,948
person a permit card, in a form to be prescribed by the court, 33,949
setting forth the time, place, and other conditions limiting the 33,950
769
defendant's use of a vehicle. The grant of occupational driving 33,951
privileges shall be conditioned upon the person's having the 33,952
permit in the person's possession at all times during which the 33,954
person is operating a vehicle. 33,955
A person granted occupational driving privileges who 33,957
operates a vehicle for other than occupational purposes, in 33,958
violation of any condition imposed by the court, or without 33,959
having the permit in the person's possession, is guilty of a 33,960
violation of section 4507.02 of the Revised Code. 33,962
(b) The court may not grant a person occupational driving 33,964
privileges under division (I)(1) of this section when prohibited 33,965
by a limitation contained in that division or during any of the 33,966
following periods of time: 33,967
(i) The first thirty days of suspension imposed upon a 33,969
person who, within five years of the date on which the person 33,970
refused the request to consent to a chemical test of the person's 33,972
blood, breath, or urine to determine its alcohol content and for 33,974
which refusal the suspension was imposed, had not refused a 33,975
previous request to consent to a chemical test of the person's 33,976
blood, breath, or urine to determine its alcohol content; 33,978
(ii) The first ninety days of suspension imposed upon a 33,980
person who, within five years of the date on which the person 33,981
refused the request to consent to a chemical test of the person's 33,983
blood, breath, or urine to determine its alcohol content and for 33,985
which refusal the suspension was imposed, had refused one 33,986
previous request to consent to a chemical test of the person's 33,987
blood, breath, or urine to determine its alcohol content; 33,989
(iii) The first year of suspension imposed upon a person 33,991
who, within five years of the date on which the person refused 33,993
the request to consent to a chemical test of the person's blood, 33,995
breath, or urine to determine its alcohol content and for which 33,996
refusal the suspension was imposed, had refused two previous 33,997
requests to consent to a chemical test of the person's blood, 33,998
breath, or urine to determine its alcohol content; 34,000
770
(iv) The first three years of suspension imposed upon a 34,002
person who, within five years of the date on which the person 34,003
refused the request to consent to a chemical test of the person's 34,005
blood, breath, or urine to determine its alcohol content and for 34,007
which refusal the suspension was imposed, had refused three or 34,008
more previous requests to consent to a chemical test of the 34,009
person's blood, breath, or urine to determine its alcohol 34,011
content.
(3) The court shall give information in writing of any 34,013
action taken under this section to the registrar. 34,014
(4) If a person's driver's or commercial driver's license 34,016
or permit or nonresident operating privilege has been suspended 34,017
pursuant to division (F) of this section, and the person, within 34,018
the preceding seven years, has been convicted of or pleaded 34,019
guilty to three or more violations of division (A) or (B) of 34,020
section 4511.19 of the Revised Code, a municipal ordinance 34,021
relating to operating a vehicle while under the influence of 34,022
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 34,023
municipal ordinance relating to operating a vehicle with a 34,024
prohibited concentration of alcohol in the blood, breath, or 34,025
urine, section 2903.04 of the Revised Code in a case in which the 34,026
person was subject to the sanctions described in division (D) of 34,027
that section, or section 2903.06, 2903.07, or 2903.08 of the 34,028
Revised Code or a municipal ordinance that is substantially 34,029
similar to section 2903.07 of the Revised Code in a case in which 34,030
the jury or judge found that the person was under the influence 34,031
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 34,032
statute of any other state or a municipal ordinance of a 34,033
municipal corporation located in any other state that is 34,034
substantially similar to division (A) or (B) of section 4511.19 34,035
of the Revised Code, the person is not entitled to request, and 34,036
the court shall not grant to the person, occupational driving 34,037
privileges under this division. Any other person whose driver's 34,038
or commercial driver's license or nonresident operating privilege 34,039
771
has been suspended pursuant to division (F) of this section may 34,040
file in the court specified in division (I)(1) of this section a 34,041
petition requesting occupational driving privileges in accordance 34,042
with section 4507.16 of the Revised Code. The petition may be 34,043
filed at any time subsequent to the date on which the arresting 34,044
officer serves the notice of suspension upon the arrested person. 34,045
Upon the making of the request, occupational driving privileges 34,046
may be granted in accordance with section 4507.16 of the Revised 34,047
Code. The court may grant the occupational driving privileges, 34,048
subject to the limitations contained in section 4507.16 of the 34,049
Revised Code, regardless of whether the person appeals the 34,050
suspension at the person's initial appearance under division 34,051
(H)(1) of this section or appeals the decision of the court made 34,053
pursuant to the appeal conducted at the initial appearance, and, 34,054
if the person has appealed the suspension or decision, regardless 34,055
of whether the matter at issue has been heard or decided by the 34,056
court.
(J) When it finally has been determined under the 34,058
procedures of this section that a nonresident's privilege to 34,059
operate a vehicle within this state has been suspended, the 34,060
registrar shall give information in writing of the action taken 34,061
to the motor vehicle administrator of the state of the person's 34,062
residence and of any state in which the person has a license. 34,063
(K) A suspension of the driver's or commercial driver's 34,065
license or permit of a resident, a suspension of the operating 34,066
privilege of a nonresident, or a denial of a driver's or 34,067
commercial driver's license or permit for refusal to submit to a 34,068
chemical test to determine the alcohol, drug, or alcohol and drug 34,069
content of the person's blood, breath, or urine pursuant to 34,070
division (E) of this section, shall be terminated by the 34,071
registrar upon receipt of notice of the person's entering a plea 34,072
of guilty to, or of the person's conviction after entering a plea 34,073
of no contest under Criminal Rule 11 to, operating a vehicle 34,074
while under the influence of alcohol, a drug of abuse, or alcohol 34,075
772
and a drug of abuse or with a prohibited concentration of alcohol 34,076
in the blood, breath, or urine, if the offense for which the plea 34,077
is entered arose from the same incident that led to the 34,078
suspension or denial. 34,079
The registrar shall credit against any judicial suspension 34,081
of a person's driver's or commercial driver's license or permit 34,082
or nonresident operating privilege imposed pursuant to division 34,083
(B) or (E) of section 4507.16 of the Revised Code any time during 34,084
which the person serves a related suspension imposed pursuant to 34,085
division (E) or (F) of this section. 34,086
(L) At the end of a suspension period under this section, 34,088
section 4511.196, or division (B) of section 4507.16 of the 34,089
Revised Code and upon the request of the person whose driver's or 34,090
commercial driver's license or permit was suspended and who is 34,091
not otherwise subject to suspension, revocation, or 34,092
disqualification, the registrar shall return the driver's or 34,093
commercial driver's license or permit to the person upon the 34,094
occurrence of all of the following: 34,095
(1) A showing by the person that the person had proof of 34,097
financial responsibility, a policy of liability insurance in 34,099
effect that meets the minimum standards set forth in section 34,100
4509.51 of the Revised Code, or proof, to the satisfaction of the 34,101
registrar, that the person is able to respond in damages in an 34,102
amount at least equal to the minimum amounts specified in section 34,103
4509.51 of the Revised Code. 34,104
(2) Payment by the person of a license reinstatement fee 34,106
of two hundred eighty dollars to the bureau of motor vehicles, 34,108
which fee shall be deposited in the state treasury and credited 34,109
as follows: 34,110
(a) Seventy-five dollars shall be credited to the drivers' 34,112
treatment ALCOHOL and intervention DRUG ADDICTION SERVICES fund, 34,114
which is hereby established CREATED BY SECTION 3793.21 OF THE 34,115
REVISED CODE. The fund shall be used to pay the costs of driver
treatment and intervention programs operated pursuant to sections 34,117
773
3793.02 and 3793.10 of the Revised Code. The director of alcohol 34,118
and drug addiction services shall determine the share of the fund 34,119
that is to be allocated to alcohol and drug addiction programs 34,120
authorized by section 3793.02 of the Revised Code, and the share 34,121
of the fund that is to be allocated to drivers' intervention 34,122
programs authorized by section 3793.10 of the Revised Code. 34,123
(b) Fifty dollars shall be credited to the reparations 34,125
fund created by section 2743.191 of the Revised Code. 34,126
(c) Twenty-five dollars shall be credited to the indigent 34,128
drivers alcohol treatment fund, which is hereby established. 34,129
Except as otherwise provided in division (L)(2)(c) of this 34,131
section, moneys in the fund shall be distributed by the 34,132
department of alcohol and drug addiction services to the county 34,133
indigent drivers alcohol treatment funds, the county juvenile 34,134
indigent drivers alcohol treatment funds, and the municipal 34,135
indigent drivers treatment funds that are required to be 34,136
established by counties and municipal corporations pursuant to 34,137
division (N) of this section, and shall be used only to pay the 34,138
cost of an alcohol and drug addiction treatment program attended 34,139
by an offender or juvenile traffic offender who is ordered to 34,140
attend an alcohol and drug addiction treatment program by a 34,141
county, juvenile, or municipal court judge and who is determined 34,142
by the county, juvenile, or municipal court judge not to have the 34,143
means to pay for attendance at the program. Moneys in the fund 34,144
that are not distributed to a county indigent drivers alcohol 34,145
treatment fund, a county juvenile indigent drivers alcohol 34,146
treatment fund, or a municipal indigent drivers alcohol treatment 34,147
fund under division (N) of this section because the director of 34,148
alcohol and drug addiction services does not have the information 34,149
necessary to identify the county or municipal corporation where 34,150
the offender or juvenile offender was arrested may be transferred 34,151
by the director of budget and management to the drivers'
treatment ALCOHOL and intervention DRUG ADDICTION SERVICES fund, 34,153
created in division (L)(2)(a) of this BY section 3793.21 OF THE 34,154
774
REVISED CODE, upon certification of the amount by the director of 34,155
alcohol and drug addiction services. 34,156
(d) Fifty dollars shall be credited to the Ohio 34,158
rehabilitation services commission established by section 3304.12 34,159
of the Revised Code, to the services for rehabilitation fund, 34,160
which is hereby established. The fund shall be used to match 34,161
available federal matching funds where appropriate, and for any 34,162
other purpose or program of the commission to rehabilitate people 34,163
with disabilities to help them become employed and independent. 34,164
(e) Fifty dollars shall be deposited into the state 34,166
treasury and credited to the drug abuse resistance education 34,167
programs fund, which is hereby established, to be used by the 34,168
attorney general for the purposes specified in division (L)(2)(e) 34,169
of this section. 34,170
(f) Thirty dollars shall be credited to the state bureau 34,172
of motor vehicles fund created by section 4501.25 of the Revised 34,173
Code.
The attorney general shall use amounts in the drug abuse 34,175
resistance education programs fund to award grants to law 34,176
enforcement agencies to establish and implement drug abuse 34,177
resistance education programs in public schools. Grants awarded 34,178
to a law enforcement agency under division (L)(2)(e) of this 34,179
section shall be used by the agency to pay for not more than 34,180
fifty per cent of the amount of the salaries of law enforcement 34,181
officers who conduct drug abuse resistance education programs in 34,182
public schools. The attorney general shall not use more than six 34,183
per cent of the amounts the attorney general's office receives 34,185
under division (L)(2)(e) of this section to pay the costs it 34,186
incurs in administering the grant program established by division 34,187
(L)(2)(e) of this section and in providing training and materials 34,188
relating to drug abuse resistance education programs. 34,189
The attorney general shall report to the governor and the 34,191
general assembly each fiscal year on the progress made in 34,192
establishing and implementing drug abuse resistance education 34,193
775
programs. These reports shall include an evaluation of the 34,194
effectiveness of these programs. 34,195
(M) Suspension of a commercial driver's license under 34,197
division (E) or (F) of this section shall be concurrent with any 34,198
period of disqualification under section 2301.374 or 4506.16 of 34,199
the Revised Code. No person who is disqualified for life from 34,200
holding a commercial driver's license under section 4506.16 of 34,201
the Revised Code shall be issued a driver's license under Chapter 34,202
4507. of the Revised Code during the period for which the 34,203
commercial driver's license was suspended under division (E) or 34,204
(F) of this section, and no person whose commercial driver's 34,205
license is suspended under division (E) or (F) of this section 34,206
shall be issued a driver's license under that chapter during the 34,207
period of the suspension. 34,208
(N)(1) Each county shall establish an indigent drivers 34,210
alcohol treatment fund, each county shall establish a juvenile 34,211
indigent drivers alcohol treatment fund, and each municipal 34,212
corporation in which there is a municipal court shall establish 34,213
an indigent drivers alcohol treatment fund. All revenue that the 34,214
general assembly appropriates to the indigent drivers alcohol 34,215
treatment fund for transfer to a county indigent drivers alcohol 34,216
treatment fund, a county juvenile indigent drivers alcohol 34,217
treatment fund, or a municipal indigent drivers alcohol treatment 34,218
fund, all portions of fees that are paid under division (L) of 34,219
this section and that are credited under that division to the 34,220
indigent drivers alcohol treatment fund in the state treasury for 34,221
a county indigent drivers alcohol treatment fund, a county 34,222
juvenile indigent drivers alcohol treatment fund, or a municipal 34,223
indigent drivers alcohol treatment fund, and all portions of 34,224
fines that are specified for deposit into a county or municipal 34,225
indigent drivers alcohol treatment fund by section 4511.193 of 34,226
the Revised Code shall be deposited into that county indigent 34,227
drivers alcohol treatment fund, county juvenile indigent drivers 34,228
alcohol treatment fund, or municipal indigent drivers alcohol 34,229
776
treatment fund in accordance with division (N)(2) of this 34,230
section. Additionally, all portions of fines that are paid for a 34,231
violation of section 4511.19 of the Revised Code or division 34,232
(B)(2) of section 4507.02 of the Revised Code, and that are 34,233
required under division (A)(1) or (2) of section 4511.99 or 34,234
division (B)(5) of section 4507.99 of the Revised Code to be 34,235
deposited into a county indigent drivers alcohol treatment fund 34,236
or municipal indigent drivers alcohol treatment fund shall be 34,237
deposited into the appropriate fund in accordance with the 34,238
applicable division. 34,239
(2) That portion of the license reinstatement fee that is 34,241
paid under division (L) of this section and that is credited 34,242
under that division to the indigent drivers alcohol treatment 34,243
fund shall be deposited into a county indigent drivers alcohol 34,244
treatment fund, a county juvenile indigent drivers alcohol 34,245
treatment fund, or a municipal indigent drivers alcohol treatment 34,246
fund as follows: 34,247
(a) If the suspension in question was imposed under this 34,249
section, that portion of the fee shall be deposited as follows: 34,250
(i) If the fee is paid by a person who was charged in a 34,252
county court with the violation that resulted in the suspension, 34,253
the portion shall be deposited into the county indigent drivers 34,254
alcohol treatment fund under the control of that court; 34,255
(ii) If the fee is paid by a person who was charged in a 34,257
juvenile court with the violation that resulted in the 34,258
suspension, the portion shall be deposited into the county 34,259
juvenile indigent drivers alcohol treatment fund established in 34,260
the county served by the court; 34,261
(iii) If the fee is paid by a person who was charged in a 34,263
municipal court with the violation that resulted in the 34,264
suspension, the portion shall be deposited into the municipal 34,265
indigent drivers alcohol treatment fund under the control of that 34,266
court. 34,267
(b) If the suspension in question was imposed under 34,269
777
division (B) of section 4507.16 of the Revised Code, that portion 34,270
of the fee shall be deposited as follows: 34,271
(i) If the fee is paid by a person whose license or permit 34,273
was suspended by a county court, the portion shall be deposited 34,274
into the county indigent drivers alcohol treatment fund under the 34,275
control of that court; 34,276
(ii) If the fee is paid by a person whose license or 34,278
permit was suspended by a municipal court, the portion shall be 34,279
deposited into the municipal indigent drivers alcohol treatment 34,280
fund under the control of that court. 34,281
(3) Expenditures from a county indigent drivers alcohol 34,283
treatment fund, a county juvenile indigent drivers alcohol 34,284
treatment fund, or a municipal indigent drivers alcohol treatment 34,285
fund shall be made only upon the order of a county, juvenile, or 34,286
municipal court judge and only for payment of the cost of the 34,287
attendance at an alcohol and drug addiction treatment program of 34,288
a person who is convicted of, or found to be a juvenile traffic 34,289
offender by reason of, a violation of division (A) of section 34,290
4511.19 of the Revised Code or a substantially similar municipal 34,291
ordinance, who is ordered by the court to attend the alcohol and 34,292
drug addiction treatment program, and who is determined by the 34,293
court to be unable to pay the cost of attendance at the treatment 34,295
program. The board of alcohol, drug addiction, and mental health 34,296
services established pursuant to section 340.02 of the Revised 34,297
Code serving the alcohol, drug addiction, and mental health 34,298
service district in which the court is located shall administer 34,299
the indigent drivers alcohol treatment program of the court. 34,300
When a court orders an offender or juvenile traffic offender to 34,301
attend an alcohol and drug addiction treatment program, the board 34,302
shall determine which program is suitable to meet the needs of 34,303
the offender or juvenile traffic offender, and when a suitable 34,304
program is located and space is available at the program, the 34,305
offender or juvenile traffic offender shall attend the program 34,306
designated by the board. A reasonable amount not to exceed five 34,307
778
per cent of the amounts credited to and deposited into the county 34,308
indigent drivers alcohol treatment fund, the county juvenile 34,309
indigent drivers alcohol treatment fund, or the municipal 34,310
indigent drivers alcohol treatment fund serving every court whose 34,311
program is administered by that board shall be paid to the board 34,312
to cover the costs it incurs in administering those indigent 34,313
drivers alcohol treatment programs.
Sec. 4511.83. (A) As used in this section: 34,322
(1) "Ignition interlock device" means a device that 34,324
connects a breath analyzer to a motor vehicle's ignition system, 34,325
that is constantly available to monitor the concentration by 34,326
weight of alcohol in the breath of any person attempting to start 34,327
that motor vehicle by using its ignition system, and that deters 34,328
starting the motor vehicle by use of its ignition system unless 34,329
the person attempting to so start the vehicle provides an 34,330
appropriate breath sample for the device and the device 34,331
determines that the concentration by weight of alcohol in the 34,332
person's breath is below a preset level. 34,333
(2) "Offender with restricted driving privileges" means an 34,335
offender who is subject to an order that was issued under 34,336
division (F) of section 4507.16 of the Revised Code as a 34,337
condition of the granting of occupational driving privileges or 34,338
an offender whose driving privilege is restricted as a condition 34,339
of probation pursuant to division (G) of section 2951.02 of the 34,341
Revised Code. 34,342
(B)(1) Except in cases of a substantial emergency when no 34,344
other person is reasonably available to drive in response to the 34,345
emergency, no person shall knowingly rent, lease, or lend a motor 34,346
vehicle to any offender with restricted driving privileges, 34,347
unless the vehicle is equipped with a functioning ignition 34,348
interlock device that is certified pursuant to division (D) of 34,349
this section. 34,350
(2) Any offender with restricted driving privileges who 34,352
rents, leases, or borrows a motor vehicle from another person 34,353
779
shall notify the person who rents, leases, or lends the motor 34,354
vehicle to the offender that the offender has restricted driving 34,356
privileges and of the nature of the restriction. 34,357
(3) Any offender with restricted driving privileges who is 34,359
required to operate a motor vehicle owned by the offender's 34,360
employer in the course and scope of the offender's employment may 34,362
operate that vehicle without the installation of an ignition 34,364
interlock device, provided that the employer has been notified 34,365
that the offender has restricted driving privileges and of the 34,366
nature of the restriction and provided further that the offender 34,367
has proof of the employer's notification in the offender's 34,368
possession while operating the employer's vehicle for normal 34,370
business duties. A motor vehicle owned by a business that is 34,371
partly or entirely owned or controlled by an offender with 34,372
restricted driving privileges is not a motor vehicle owned by an 34,373
employer, for purposes of this division. 34,374
(C) If a court, pursuant to division (F) of section 34,376
4507.16 of the Revised Code, imposes the use of an ignition 34,377
interlock device as a condition of the granting of occupational 34,378
driving privileges, the court shall require the offender to 34,379
provide proof of compliance to the court at least once quarterly 34,380
or more frequently as ordered by the court in its discretion. If 34,381
a court imposes the use of an ignition interlock device as a 34,382
condition of probation under division (I) of section 2951.02 of 34,383
the Revised Code, the court shall require the offender to provide 34,384
proof of compliance to the court or probation officer prior to 34,385
issuing any driving privilege or continuing the probation status. 34,386
In either case in which a court imposes the use of such a device, 34,387
the offender, at least once quarterly or more frequently as 34,388
ordered by the court in its discretion, shall have the device 34,389
inspected as ordered by the court for accurate operation and 34,390
shall provide the results of the inspection to the court or, if 34,391
applicable, to the offender's probation officer. 34,392
(D)(1) The director of public safety, upon consultation 34,394
780
with the director of health and in accordance with Chapter 119. 34,395
of the Revised Code, shall certify ignition interlock devices and 34,396
shall publish and make available to the courts, without charge, a 34,397
list of approved devices together with information about the 34,398
manufacturers of the devices and where they may be obtained. The 34,399
cost of obtaining the certification of an ignition interlock 34,400
device shall be paid by the manufacturer of the device to the 34,401
director of public safety and shall be deposited in the drivers' 34,402
treatment ALCOHOL and intervention DRUG ADDICTION SERVICES fund 34,404
established by section 4511.191 3793.21 of the Revised Code. 34,405
(2) The director of public safety, in accordance with 34,407
Chapter 119. of the Revised Code, shall adopt and publish rules 34,408
setting forth the requirements for obtaining the certification of 34,409
an ignition interlock device. No ignition interlock device shall 34,410
be certified by the director of public safety pursuant to 34,411
division (D)(1) of this section unless it meets the requirements 34,412
specified and published by the director in the rules adopted 34,413
pursuant to this division. The requirements shall include 34,414
provisions for setting a minimum and maximum calibration range 34,415
and shall include, but shall not be limited to, specifications 34,416
that the device complies with all of the following: 34,417
(a) It does not impede the safe operation of the vehicle. 34,419
(b) It has features that make circumvention difficult and 34,421
that do not interfere with the normal use of the vehicle. 34,422
(c) It correlates well with established measures of 34,424
alcohol impairment. 34,425
(d) It works accurately and reliably in an unsupervised 34,427
environment. 34,428
(e) It is resistant to tampering and shows evidence of 34,430
tampering if tampering is attempted. 34,431
(f) It is difficult to circumvent and requires 34,433
premeditation to do so. 34,434
(g) It minimizes inconvenience to a sober user. 34,436
(h) It requires a proper, deep-lung breath sample or other 34,438
781
accurate measure of the concentration by weight of alcohol in the 34,439
breath. 34,440
(i) It operates reliably over the range of automobile 34,442
environments. 34,443
(j) It is made by a manufacturer who is covered by product 34,445
liability insurance. 34,446
(3) The director of public safety may adopt, in whole or 34,448
in part, the guidelines, rules, regulations, studies, or 34,449
independent laboratory tests performed and relied upon by other 34,450
states, or their agencies or commissions, in the certification or 34,451
approval of ignition interlock devices. 34,452
(4) The director of public safety shall adopt rules in 34,454
accordance with Chapter 119. of the Revised Code for the design 34,455
of a warning label that shall be affixed to each ignition 34,456
interlock device upon installation. The label shall contain a 34,457
warning that any person tampering, circumventing, or otherwise 34,458
misusing the device is subject to a fine, imprisonment, or both 34,459
and may be subject to civil liability. 34,460
(E)(1) No offender with restricted driving privileges, 34,462
during any period that the offender is required to operate only a 34,464
motor vehicle equipped with an ignition interlock device, shall 34,465
request or permit any other person to breathe into the device or 34,466
start a motor vehicle equipped with the device, for the purpose 34,467
of providing the offender with an operable motor vehicle. 34,468
(2)(a) Except as provided in division (E)(2)(b) of this 34,470
section, no person shall breathe into an ignition interlock 34,471
device or start a motor vehicle equipped with an ignition 34,472
interlock device for the purpose of providing an operable motor 34,473
vehicle to an offender with restricted driving privileges. 34,474
(b) Division (E)(2)(a) of this section does not apply to 34,476
an offender with restricted driving privileges who breathes into 34,477
an ignition interlock device or starts a motor vehicle equipped 34,478
with an ignition interlock device for the purpose of providing 34,479
himself or herself THE OFFENDER with an operable motor vehicle. 34,480
782
(3) No unauthorized person shall tamper with or circumvent 34,482
the operation of an ignition interlock device. 34,483
Sec. 4701.20. All receipts of the accountancy board shall 34,492
be deposited in the state treasury to the credit of the 34,493
occupational licensing and regulatory fund. All vouchers of the 34,495
board shall be signed APPROVED by the board president or 34,496
executive secretary, or both, as authorized by the board. 34,497
Sec. 4703.16. (A) The state board of examiners of 34,515
architects shall establish an THE application fee for taking or 34,517
retaking an examination described in division (E) of OBTAINING 34,518
REGISTRATION UNDER section 4703.07 or AND THE FEE FOR OBTAINING 34,520
REGISTRATION UNDER section 4703.08 of the Revised Code at an 34,521
amount adequate to cover all rentals, compensation for proctors, 34,522
and other expenses of the board related to examination or 34,523
reexamination except the expenses of procuring and grading the 34,524
examination. 34,525
(B) The board shall establish an examination fee for 34,527
taking the examination described in division (E) of section 34,528
4703.07 of the Revised Code at an amount adequate to cover the 34,529
expenses of procuring and grading the examination. 34,530
(C) An applicant for registration under division (A) of 34,532
section 4703.08 of the Revised Code shall be charged the same 34,533
fees as an Ohio architect seeking registration in the state where 34,534
the applicant is registered, but not less than the amount 34,535
established by the board. 34,536
(D) The fee to restore a certificate of qualification is 34,538
the renewal fee for the current certification period, plus the 34,540
renewal fee for each two-year period in which the certificate was 34,541
not renewed, plus a penalty of ten per cent of the total renewal 34,543
fees for each two-year period or part thereof in which the 34,544
certificate was not renewed, provided that the maximum fee shall 34,545
not exceed the amount established by the board. 34,546
(E) The board shall establish reexamination fees for 34,548
retaking parts of the examination described in division (E) of 34,549
783
section 4703.07 of the Revised Code at amounts adequate to cover 34,550
the expenses of procuring and grading such parts and procuring 34,551
the examination materials furnished to the examinee in connection 34,552
with the examination. 34,553
(F)(C) The board also shall establish the following fees: 34,555
(1) The fee for an original and duplicate certificate of 34,557
qualification to practice architecture and the biennial renewal 34,559
of the certificate;
(2) The fee for a duplicate renewal card; 34,561
(3) The fee to restore a certificate of qualification or 34,563
certificate of authorization revoked under section 4703.15 of the 34,564
Revised Code or suspended under section 2301.373 of the Revised 34,565
Code;
(4) The fee charged an examinee for administering an 34,567
examination to the examinee on behalf of another jurisdiction; 34,568
(5) The fee for an original and duplicate certificate of 34,570
authorization issued under division (L) of section 4703.18 of the 34,571
Revised Code and the annual renewal of the certificate. 34,572
Sec. 4703.50. All receipts of the state board of examiners 34,581
of architects and state board of landscape architect examiners 34,582
shall be deposited in the state treasury to the credit of the 34,583
occupational licensing and regulatory fund. All expenditures of 34,584
the boards shall be paid pursuant to vouchers signed APPROVED by 34,585
the secretary or executive secretary of the state board of 34,586
examiners of architects, or both, as authorized by the board. 34,588
Sec. 4707.011. THE DEPARTMENT OF COMMERCE SHALL ADMINISTER 34,591
THIS CHAPTER THROUGH THE DIVISION OF REAL ESTATE AND PROFESSIONAL 34,592
LICENSING AND THE SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL 34,593
LICENSING.
Sec. 4709.06. (A) Before entering upon the discharge of 34,602
the duties of his office, the executive director of the barber 34,604
board shall give a bond to the state, to be approved by the 34,606
governor, conditioned for the faithful performance of the duties 34,608
of his office.
784
The department of administrative services shall include the 34,610
executive director, if he THE EXECUTIVE DIRECTOR SO requests, in 34,612
the public employees blanket fidelity bond. 34,613
(B) The executive director shall deposit all receipts of 34,615
the board into the state treasury to the credit of the 34,616
occupational licensing and regulatory fund. 34,617
(C) The board chairman CHAIRPERSON or executive director, 34,619
or both, as authorized by the board, shall sign APPROVE all 34,621
vouchers of the board.
Sec. 4713.19. All receipts of the state board of 34,630
cosmetology from fines imposed under section 4713.17 of the 34,631
Revised Code shall be deposited into the state treasury to the 34,632
credit of the cosmetology adjudication fund, which is hereby 34,633
created. All investment earnings of the cosmetology adjudication
fund shall be credited to that fund. Whenever the balance of the 34,634
fund exceeds thirty thousand dollars, the director of budget and 34,635
management shall transfer the excess to the general revenue fund. 34,636
Moneys in the fund shall be used only for the cost of holding 34,637
adjudicatory hearings under section 4713.17 of the Revised Code 34,638
and for licensee educational programs to reduce violations. All
other receipts of the board shall be deposited into the state 34,639
treasury to the credit of the occupational licensing and 34,641
regulatory fund. All vouchers of the board shall be signed 34,642
APPROVED by the board president or executive director, or both, 34,643
as authorized by the board. 34,644
Sec. 4715.06. Each member of the state dental board shall 34,654
receive an amount fixed pursuant to division (J) of section 34,655
124.15 of the Revised Code for each day actually employed in the 34,656
discharge of his THE official duties OF THE MEMBER, and his THE 34,657
necessary expenses OF THE MEMBER. The secretary shall receive 34,658
his neccessary REIMBURSEMENT FOR NECESSARY expenses incurred BY 34,660
THE SECRETARY in the discharge of his THE official duties OF THE 34,661
SECRETARY. All vouchers of the board shall be signed APPROVED by 34,663
the board president or executive secretary, or both, as 34,665
785
authorized by the board.
Sec. 4715.13. Applicants for licenses to practice 34,675
dentistry or for a general anesthesia permit or a conscious 34,676
intravenous sedation permit shall pay to the secretary of the 34,677
state dental board the following fees: 34,678
(A) For license by examination, one hundred thirteen 34,680
FORTY-ONE dollars if issued in an odd-numbered year or one TWO 34,681
hundred eighty-eight THIRTY-FIVE dollars if issued in an 34,682
even-numbered year; 34,683
(B) For license by endorsement, one hundred thirteen 34,685
FORTY-ONE dollars if issued in an odd-numbered year or one TWO 34,686
hundred eighty-eight THIRTY-FIVE dollars if issued in an 34,687
even-numbered year; 34,688
(C) For duplicate license, to be granted upon proof of 34,690
loss of the original, twelve FIFTEEN dollars; 34,691
(D) For a general anesthesia permit, seventy-five 34,693
NINETY-FOUR dollars.; 34,694
(E) For a conscious intravenous sedation permit, 34,696
seventy-five NINETY-FOUR dollars. 34,697
The fee in division (A) of this section may be refunded to 34,699
an applicant who is unavoidably prevented from attending the 34,700
examination, or he THE APPLICANT may be examined at the next 34,701
regular or special meeting of the board without an additional 34,703
fee.
An applicant who fails the first examination may be 34,705
re-examined at the next regular or special meeting of the board 34,706
without an additional fee. 34,707
Sec. 4715.14. (A) Each person who is licensed to practice 34,716
dentistry in Ohio shall, on or before the first day of January of 34,717
each even-numbered year, register with the state dental board. 34,718
The registration shall be made on a form prescribed by the board 34,719
and furnished by the secretary, shall include the licensee's 34,720
name, address, license number, and such other reasonable 34,721
information as the board may consider necessary, and shall 34,722
786
include payment of a biennial registration fee of one hundred 34,723
thirty SIXTY-THREE dollars. This fee shall be paid to the 34,724
treasurer of state. All such registrations shall be in effect 34,726
for the two-year period beginning on the first day of January of 34,727
the even-numbered year and ending on the last day of December of 34,728
the following odd-numbered year, and shall be renewed in 34,729
accordance with the standard renewal procedure of sections 34,730
4745.01 to 4745.03 of the Revised Code. The failure of a 34,731
licensee to renew his THE LICENSEE'S registration in accordance 34,732
with this section shall result in an automatic suspension of his 34,734
THE LICENSEE'S license to practice dentistry. 34,735
(B) Any dentist whose license has been suspended under 34,737
this section may be reinstated by the payment of his THE biennial 34,739
registration fee and in addition thereto sixty dollars to cover 34,740
costs of the reinstatement; excepting that to any licensed 34,741
dentist who desires to temporarily retire from practice, and who 34,742
has given the board notice in writing to that effect, the board 34,743
shall grant such a retirement, provided only that at that time 34,744
all previous registration fees and additional costs of 34,745
reinstatement have been paid. 34,746
(C) Each dentist licensed to practice, whether a resident 34,748
or not, shall notify the secretary in writing of any change in 34,749
his THE DENTIST'S office address or employment within ten days 34,750
after such change has taken place. On the first day of July of 34,752
every even-numbered year, the secretary shall issue a printed 34,753
roster of the names and addresses so registered. 34,754
Sec. 4715.16. (A) Upon payment of a fee of five SEVEN 34,763
dollars and eighty-five FIFTY cents, the state dental board may 34,764
without examination issue a limited resident's license to any 34,767
person who is a graduate of a dental college, is authorized to 34,768
practice in another state or country or qualified to take the 34,769
regular licensing examination in this state, and furnishes the 34,770
board satisfactory proof that he has OF HAVING been appointed a 34,771
dental resident at an accredited dental college in this state or 34,773
787
at an accredited program of a hospital in this state, but has not 34,774
yet been licensed as a dentist by the board. Any person 34,775
receiving a limited resident's license may practice dentistry 34,776
only in connection with programs operated by the dental college 34,777
or hospital at which he THE PERSON is appointed as a resident as 34,779
designated on his THE PERSON'S limited resident's license, and 34,780
only under the direction of a licensed dentist who is a member of 34,781
the dental staff of the college or hospital or a dentist holding 34,782
a current limited teaching license issued under division (B) of 34,784
this section, and only on bona fide patients of such programs. 34,785
The holder of a limited resident's license may be disciplined by 34,786
the board pursuant to section 4715.30 of the Revised Code. 34,787
(B) Upon payment of sixty SEVENTY-FIVE dollars and upon 34,789
application endorsed by an accredited dental college in this 34,791
state, the board may without examination issue a limited teaching 34,792
license to a dentist who is a graduate of a dental college, is 34,793
authorized to practice dentistry in another state or country, and 34,795
has full-time appointment to the faculty of the endorsing dental 34,796
college. A limited teaching license is subject to annual renewal 34,797
in accordance with the standard renewal procedure of Chapter 34,798
4745. of the Revised Code, and automatically expires upon 34,799
termination of the full-time faculty appointment. A person 34,800
holding a limited teaching license may practice dentistry only in 34,801
connection with programs operated by the endorsing dental 34,802
college. The board may discipline the holder of a limited 34,803
teaching license pursuant to section 4715.30 of the Revised Code. 34,804
(C)(1) As used in this division: 34,806
(a) "Continuing dental education practicum" or "practicum" 34,808
means a course of instruction, approved by the American dental 34,809
association, Ohio dental association, or academy of general 34,810
dentistry, that is designed to improve the clinical skills of a 34,811
dentist by requiring the dentist to participate in clinical 34,812
exercises on patients. 34,813
(b) "Director" means the person responsible for the 34,815
788
operation of a practicum. 34,816
(2) Upon payment of sixty SEVENTY-FIVE dollars and 34,818
application endorsed by the director of a continuing dental 34,820
education practicum, the board shall, without examination, issue 34,821
a temporary limited continuing education license to a resident of 34,822
a state other than Ohio who is licensed to practice dentistry in 34,823
such state and is in good standing, is a graduate of an 34,824
accredited dental college, and is registered to participate in 34,825
the endorsing practicum. The determination of whether a dentist 34,826
is in good standing shall be made by the board. 34,827
A dentist holding a temporary limited continuing education 34,829
license may practice dentistry only on residents of the state in 34,830
which he THE DENTIST is permanently licensed or on patients 34,831
referred by a dentist licensed pursuant to section 4715.12 or 34,833
4715.15 of the Revised Code to an instructing dentist licensed 34,834
pursuant to one of those sections, and only while participating 34,835
in a required clinical exercise of the endorsing practicum on the 34,836
premises of the facility where the practicum is being conducted. 34,837
Practice under a temporary limited continuing education 34,839
license shall be under the direct supervision and full 34,840
professional responsibility of an instructing dentist licensed 34,841
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall 34,842
be limited to the performance of those procedures necessary to 34,843
complete the endorsing practicum, and shall not exceed thirty 34,844
days of actual patient treatment in any year. 34,845
(3) A director of a continuing dental education practicum 34,847
who endorses an application for a temporary limited continuing 34,848
education license shall, prior to making the endorsement, notify 34,849
the state dental board in writing of the identity of the sponsors 34,850
and the faculty of the practicum and the dates and locations at 34,851
which it will be offered. The notice shall also include a brief 34,852
description of the course of instruction. The board may prohibit 34,854
a continuing dental education practicum from endorsing 34,855
applications for temporary limited continuing education licenses 34,856
789
if the board determines that the practicum is engaged in
activities that constitute a threat to public health and safety 34,857
or do not constitute bona fide continuing dental education, or 34,858
that the practicum permits activities which otherwise violate 34,859
this chapter. Any continuing dental education practicum 34,860
prohibited from endorsing applications may request an 34,861
adjudication hearing pursuant to Chapter 119. of the Revised 34,862
Code. 34,863
A temporary limited continuing education license shall be 34,865
valid only when the dentist is participating in the endorsing 34,866
continuing dental education practicum and shall expire at the end 34,867
of one year. If the dentist fails to complete the endorsing 34,868
practicum in one year, the board may, upon the dentist's 34,869
application and payment of a fee of sixty SEVENTY-FIVE dollars, 34,870
renew the temporary limited continuing education license for a 34,872
consecutive one-year period. Only two renewals may be granted. 34,873
The holder of a temporary limited continuing education license 34,874
may be disciplined by the board pursuant to section 4715.30 of 34,875
the Revised Code. 34,876
(D) The board shall act either to approve or to deny any 34,879
application for a limited license pursuant to division (A), (B), 34,880
or (C) of this section not later than sixty days of the date the 34,881
board receives the application.
Sec. 4715.21. Each person who desires to practice as a 34,890
dental hygienist shall file with the secretary of the state 34,891
dental board a written application for a license, under oath, 34,892
upon the form prescribed. Such applicant shall furnish 34,893
satisfactory proof of being at least eighteen years of age and of 34,894
good moral character. An applicant shall present a diploma or 34,895
certificate of graduation from an accredited dental hygiene 34,896
school and shall pay the examination fee of fifty-seven 34,897
SEVENTY-ONE dollars if the license is issued in an odd-numbered 34,899
year or eighty-seven ONE HUNDRED NINE dollars if issued in an 34,901
even-numbered year. Those passing such examination as the board 34,902
790
prescribes relating to dental hygiene, shall receive a 34,903
certificate of registration entitling them to practice. If an 34,904
applicant fails to pass the first examination he THE APPLICANT 34,905
may apply for a re-examination at the next regular or special 34,906
examination meeting of the board. 34,907
No applicant shall be admitted to more than two 34,909
examinations without first presenting satisfactory proof that he 34,910
THE APPLICANT has successfully completed such refresher courses 34,912
in an accredited dental hygiene school as the state dental board 34,913
may prescribe. 34,914
An accredited dental hygiene school shall be one accredited 34,916
by the council on dental education of the American dental 34,917
association or whose educational standards are recognized by the 34,918
council on dental education of the American dental association 34,919
and approved by the state dental board. 34,920
Sec. 4715.24. (A) Each person who is licensed to practice 34,929
as a dental hygienist in Ohio shall, on or before the first day 34,930
of January of each even-numbered year, register with the state 34,931
dental board. The registration shall be made on a form 34,932
prescribed by the board and furnished by the secretary, shall 34,933
include the licensee's name, address, license number, and such 34,934
other reasonable information as the board may consider necessary, 34,935
and shall include payment of a biennial registration fee of sixty 34,936
SEVENTY-FIVE dollars. This fee shall be paid to the treasurer of 34,938
state. All such registrations shall be in effect for the 34,939
two-year period beginning on the first day of January of each 34,940
even-numbered year and ending on the last day of December of the 34,941
following odd-numbered year, and shall be renewed in accordance 34,942
with the standard renewal procedure of sections 4745.01 to 34,943
4745.03 of the Revised Code. The failure of a licensee to renew 34,944
his registration in accordance with this section shall result in 34,945
the automatic suspension of his THE LICENSEE'S license to 34,946
practice as a dental hygienist. 34,948
(B) Any dental hygienist whose license has been suspended 34,950
791
under this section may be reinstated by the payment of the 34,951
biennial registration fee and in addition thereto twenty-three 34,952
dollars to cover the costs of reinstatement. 34,953
(C) The license of a dental hygienist shall be exhibited 34,955
in a conspicuous place in the room in which the dental hygienist 34,956
practices. Each dental hygienist licensed to practice, whether a 34,957
resident or not, shall notify the secretary in writing of any 34,958
change in his THE DENTAL HYGIENIST'S office address or employment 34,960
within ten days after the change takes place. 34,961
Sec. 4715.27. The state dental board may issue a license 34,970
to an applicant who furnishes satisfactory proof of being at 34,971
least eighteen years of age, of good moral character and who 34,972
demonstrates, to the satisfaction of the board, knowledge of the 34,973
laws, regulations, and rules governing the practice of a dental 34,974
hygienist; who proves, to the satisfaction of the board, that he 34,975
intends INTENT to practice as a dental hygienist in this state; 34,976
who is a graduate from an accredited school of dental hygiene and 34,978
who holds a license by examination from a similar dental board, 34,979
and who passes an examination as prescribed by the board relating 34,980
to dental hygiene. 34,981
Upon payment of thirty-four FORTY-THREE dollars and upon 34,983
application endorsed by an accredited dental hygiene school in 34,985
this state, the state dental board may without examination issue 34,986
a teacher's certificate to a dental hygienist, authorized to 34,987
practice in another state or country. A teacher's certificate 34,988
shall be subject to annual renewal in accordance with the 34,989
standard renewal procedure of sections 4745.01 to 4745.03 of the 34,990
Revised Code, and shall not be construed as authorizing anything 34,991
other than teaching or demonstrating the skills of a dental 34,992
hygienist in the educational programs of the accredited dental 34,993
hygiene school which endorsed the application. 34,994
Sec. 4715.35. All fines or forfeitures of bond in an 35,003
action for violation of sections 4715.01 to 4715.35 of the 35,004
Revised Code shall be paid by the court receiving it to the 35,005
792
secretary of the state dental board for deposit into the state 35,006
treasury to the credit of the general revenue OCCUPATIONAL
LICENSING AND REGULATORY fund. 35,007
Sec. 4717.06. (A) The board of embalmers and funeral 35,016
directors shall issue an embalmer's license to any applicant who 35,017
pays a fee specified by the board not to exceed an aggregate sum 35,018
of sixty SEVENTY-FIVE dollars for application, registration, 35,019
examination, and issuance of certificate and license, and not to 35,021
exceed the sum of thirty FIFTY dollars per year for renewal of 35,023
the license, and submits evidence verified by oath and 35,024
satisfactory to the board that:
(1) Applicant is eighteen years of age; 35,026
(2) Applicant is a citizen of the United States; 35,028
(3) Applicant is of good moral character; 35,030
(4) Applicant is a graduate of a first grade high school 35,032
or has completed the equivalent education for regular admission 35,033
to a college or university authorized to confer degrees by the 35,034
Ohio board of regents or the comparable legal agency of another 35,035
state in which the college or university is located; 35,036
(5) Applicant has satisfactorily completed a minimum of 35,038
two years of general education, or the equivalent thereof in 35,039
semester or quarter hours, in a college or university authorized 35,040
to confer degrees by the Ohio board of regents or the comparable 35,041
legal agency of another state in which the college or university 35,042
is located. The general education must be taken in advance of 35,043
course in mortuary science;. 35,044
(6) Applicant has registered with the board prior to 35,046
enrollment in an approved or accredited college of mortuary 35,047
science recognized by the board, has satisfactorily completed at 35,048
least twelve months' instruction in a prescribed course in 35,049
mortuary science as approved by the board, and has presented to 35,050
the board a certificate showing the successful completion of the 35,051
course. Following the mortuary science college training the 35,052
applicant is given an examination by the board and if successful, 35,053
793
issued an apprentice embalmer's certificate;. 35,054
(7) Applicant has, following the completion of the 35,056
educational requirements outlined in this section and previous to 35,057
serving apprenticeship, certified with the board as an apprentice 35,058
embalmer, has completed at least one year of apprenticeship under 35,059
an embalmer licensed in this state, and has assisted his THE 35,060
APPLICANT'S master in embalming at least twenty-five dead human 35,061
bodies. Upon presenting evidence verified by oath to the 35,063
satisfaction of the board that such apprenticeship has been 35,064
satisfactorily completed, the holder of an apprentice embalmer's 35,065
certificate shall be issued an embalmer's license. 35,066
(B) The board shall admit to examination for a funeral 35,068
director's license any applicant who pays a fee specified by the 35,069
board not to exceed an aggregate sum of sixty SEVENTY-FIVE 35,070
dollars for application, registration, examination, and issuance 35,072
of certificate and license, and not to exceed thirty FIFTY 35,073
dollars per year for renewal of such license, and submits 35,075
evidence verified by oath and satisfactory to the board that:
(1) Applicant is eighteen years of age; 35,077
(2) Applicant is a citizen of the United States; 35,079
(3) Applicant is of good moral character; 35,081
(4) Applicant is a graduate of a first grade high school 35,083
or has completed the equivalent education for regular admission 35,084
to a college or university authorized to confer degrees by the 35,085
Ohio board of regents or the comparable legal agency of another 35,086
state in which the college or university is located; 35,087
(5) Applicant shows evidence that he APPLICANT has 35,089
received or earned a bachelor's degree or its equivalent from a 35,090
college or university authorized to confer degrees by the Ohio 35,091
board of regents or the comparable legal agency of another state 35,092
in which the college or university is located; 35,093
(6) Applicant has previously registered with the board, 35,095
and after registering, has assisted his APPLICANT'S master in 35,096
directing at least twenty-five funerals and, either has 35,098
794
satisfactorily completed all the requirements prescribed for an 35,099
embalmer's license examination, in which event he APPLICANT 35,100
shall, following mortuary science college training, serve one 35,102
year of apprenticeship under a licensed funeral director in this 35,103
state; or, in lieu of mortuary science college training, has 35,104
satisfactorily completed at least two years of apprenticeship 35,105
under a licensed funeral director in this state. The term for 35,106
apprenticeship in embalming and the term for apprenticeship in 35,107
funeral directing may be served concurrently, providing each 35,108
apprenticeship is properly certified to the board. Upon 35,109
presenting evidence verified by oath to the satisfaction of the 35,110
board that such apprenticeship has been satisfactorily completed, 35,111
the applicant shall be given a funeral director's examination and 35,112
if successful shall be issued a funeral director's license. 35,113
Any person holding an embalmer's license in this state is 35,115
not required to make a new application or submit to an 35,116
examination, but is entitled to a renewal of the embalmer's 35,117
license upon the same terms and conditions as are provided in 35,118
section 4717.07 of the Revised Code for the renewal of an 35,119
embalmer's license. 35,120
Any person holding a funeral director's license in this 35,122
state is not required to make a new application or submit to an 35,123
examination, but is entitled to the renewal of a funeral 35,124
director's license upon the same terms and conditions as are 35,125
provided in section 4717.07 of the Revised Code for the renewal 35,126
of a funeral director's license. 35,127
Any person who, prior to January 1, 1988, is enrolled in a 35,129
mortuary science college training program, or is serving an 35,130
apprenticeship under division (B)(6) of this section, or is 35,131
enrolled in a college or university authorized to confer degrees 35,132
by the Ohio board of regents or the comparable legal agency of 35,133
another state in which the college or university is located, need 35,134
not meet the requirements of division (B)(5) of this section, 35,135
provided the person has satisfactorily completed, or within a 35,136
795
four-year period satisfactorily completes, a minimum of two years 35,137
of general education, or the equivalent thereof in semester or 35,138
quarter hours, in a college or university authorized to confer 35,139
degrees by the Ohio board of regents or the comparable legal 35,140
agency of another state in which the college or university is 35,141
located. 35,142
The power of the board to make and adopt rules and bylaws 35,144
shall be subject to and in accordance with sections 119.01 to 35,145
119.13 of the Revised Code. 35,146
Sec. 4717.07. Any person desiring to engage in the 35,155
profession or business of embalming or funeral directing or both, 35,156
shall make application, register with the board of embalmers and 35,157
funeral directors prior to serving apprenticeship, be required to 35,158
show such preliminary requisites, and take such examinations 35,159
relating to embalming or funeral directing as are necessary by 35,160
the board in its rules. 35,161
The board shall publish in its rules the subjects to be 35,163
covered in the examination and the standards to be attained 35,164
thereon. Changes in the rules shall be made in accordance with 35,165
sections 119.01 to 119.13 of the Revised Code. 35,166
Should the board find that the applicant possesses the 35,168
necessary qualifications prescribed in section 4717.06 of the 35,169
Revised Code or in its rules, and the applicant has passed the 35,170
examinations in the subjects prescribed by the board in its 35,171
rules, the board shall register the applicant as a licensed 35,172
embalmer or a licensed funeral director and issue to the 35,173
applicant the license applied for by him THE APPLICANT, said 35,174
license to be in full force and effect until the regular renewal 35,176
date for other licenses, at which time the license must be 35,177
renewed for a period of one year, and upon expiration may be 35,178
renewed for a like period. All renewals shall be according to 35,179
the provisions of this section and the standard renewal procedure 35,180
of sections 4745.01 to 4745.03 of the Revised Code. Any license 35,181
which is not renewed on or before the thirty-first day of 35,182
796
December of each year is suspended, provided that such license 35,183
may be reinstated up to the first day of July of that year upon 35,184
payment of the annual license renewal fee and a fifty-dollar 35,185
SIXTY-DOLLAR AND FIFTY CENTS penalty fee. Upon suspension of the 35,186
license, the secretary of the board shall send a certified letter 35,188
to the license holder at his THE LICENSE HOLDER'S last known 35,189
address informing him THE LICENSE HOLDER that his THE license may 35,190
be reinstated up to the first day of July of that year by payment 35,191
of a fifty-dollar SIXTY-DOLLAR AND FIFTY CENT penalty fee in 35,192
addition to the annual renewal fee. 35,193
Notwithstanding section 4717.06 of the Revised Code, the 35,195
holder of an embalmer's or funeral director's license, may at any 35,196
time take an examination for the other such license provided such 35,197
holder of the one such license had taken the examination for the 35,198
other such license, and while he THE HOLDER OF THE EMBALMER'S OR 35,199
FUNERAL DIRECTOR'S LICENSE is in the armed forces of this 35,200
country, is not required to renew his THE license and his THE 35,201
license may not be revoked or suspended for nonpayment of the 35,202
required fees. This provision is applicable to all renewal fees 35,203
due and payable after September 3, 1943. In the event a license 35,204
is suspended or revoked contrary to this paragraph the same shall 35,205
be restored upon proper notice and proof being presented to the 35,206
board.
No person shall carry on the business or profession or 35,208
discharge any of the duties of embalming or funeral directing 35,209
unless there has been issued to him THE PERSON a license in full 35,210
force and effect at the time permitting him THE PERSON to carry 35,211
on each or both classes of business, and unless he THE PERSON 35,212
shall have otherwise complied with sections 4717.01 to 4717.12 of 35,214
the Revised Code. Licenses shall be signed by the president and 35,215
the secretary of the board, affixed with the seal of said board, 35,216
and are nontransferable and nonnegotiable. Such license shall be 35,217
registered by the holder or owner with the department of health. 35,218
A license shall not be issued to more than one person and not 35,219
797
more than one person shall carry on the business of funeral 35,220
directing or embalming or both under one license. 35,221
The board may recognize licenses issued to embalmers and 35,223
funeral directors by state boards of embalming and state health 35,224
authorities of other states, and upon presentation of such 35,225
licenses may issue to the holders thereof the embalmer's or 35,226
funeral director's license as provided in this section. Such 35,227
reciprocal license shall be renewed annually upon the payment of 35,228
such renewal fee as may be fixed by the board upon the same terms 35,229
and conditions as provided in this section and the rules of the 35,230
board for renewal. No person is entitled to a reciprocal license 35,231
as a funeral director or embalmer unless he THE PERSON gives 35,232
proof that he THE PERSON has, in the state in which he THE PERSON 35,234
is licensed, complied with requirements substantially equal to 35,235
those set out in sections 4717.01 to 4717.12 of the Revised Code. 35,236
Sec. 4717.09. All receipts of the board of embalmers and 35,245
funeral directors, from any source, shall be deposited in the 35,246
state treasury to the credit of the occupational licensing and 35,247
regulatory fund. All vouchers of the board shall be signed 35,249
APPROVED by the board president or executive secretary, or both, 35,250
as authorized by the board. 35,252
The board shall, on or before the first Monday of July each 35,254
year, make a report in writing to the governor containing a 35,256
detailed statement of the nature and amount of its receipts and 35,257
the amount and manner of its expenditures.
Sec. 4717.18. The board of embalmers and funeral directors 35,266
shall issue a funeral home license to an applicant if the 35,267
following requirements are met: 35,268
(A) The applicant has made a verified application on a 35,270
form provided by the board. 35,271
(B) The application is accompanied by a license fee of one 35,273
hundred TWENTY-FIVE dollars. 35,274
(C) The funeral home is in compliance with rules adopted 35,276
under section 4717.19 of the Revised Code and with the Ohio basic 35,277
798
building code adopted under Chapter 3781. of the Revised Code, 35,278
the Ohio fire code adopted under sections 3737.82 and 3737.83 of 35,279
the Revised Code, and all other federal, state, and local 35,280
requirements relating to the safety of the premises. 35,281
(D) The funeral home has on the premises a preparation or 35,283
embalming room that is adequately equipped and maintained in a 35,284
sanitary manner for the preservation and care of dead human 35,285
bodies; and such room contains only the articles, facilities, and 35,286
instruments necessary for the preparation of dead human bodies 35,287
for burial or final disposition, is kept in a clean and sanitary 35,288
condition, and is used only for the care and preparation of dead 35,289
human bodies. 35,290
Each license shall be issued for the address at which the 35,292
funeral home is operated and shall be displayed in a conspicuous 35,293
place in the establishment. 35,294
A funeral home license expires on the last day of December 35,296
of the year in which it was issued. Licenses shall be renewed 35,297
annually under the standard renewal procedure of Chapter 4745. of 35,298
the Revised Code, upon payment of a renewal fee of one hundred 35,299
TWENTY-FIVE dollars. Reinstatement of a license after the 35,300
expiration date of the license is subject to the payment of all 35,302
delinquent renewal fees and an additional fee of two hundred 35,303
dollars, except that if the application for reinstatement is made 35,304
one hundred eighty days or more after the expiration date of the 35,305
license, the additional fee is five hundred dollars. Upon the 35,306
expiration of a license, the board shall notify the holder by 35,307
certified mail of the procedure for reinstatement under this 35,308
section.
Sec. 4723.08. (A) The board of nursing may impose fees 35,317
not to exceed the following limits: 35,318
(1) For application for licensure by examination to 35,320
practice nursing as a registered nurse or as a licensed practical 35,321
nurse, fifty dollars; 35,322
(2) For application for licensure by endorsement to 35,324
799
practice nursing as a registered nurse or as a licensed practical 35,325
nurse, fifty dollars; 35,326
(3) For application for a certificate of authority to 35,328
practice nursing as a certified registered nurse anesthetist, 35,329
clinical nurse specialist, certified nurse-midwife, or certified 35,331
nurse practitioner, one hundred dollars; 35,332
(4) For verification of a license or certificate to 35,334
another jurisdiction, fifteen dollars; 35,336
(5) For providing a replacement copy of a license or 35,338
certificate, fifteen dollars; 35,339
(6) For biennial renewal of any license or certificate, 35,341
twenty-five, THIRTY-FIVE dollars; 35,342
(7) For biennial renewal of a certificate of authority to 35,345
practice nursing as a certified registered nurse anesthetist, 35,346
clinical nurse specialist, certified nurse-midwife, or certified 35,348
nurse practitioner, one hundred dollars; 35,349
(8) For processing a late application for renewal of any 35,351
license or certificate, fifty dollars; 35,352
(9) For application for authorization to approve 35,354
continuing nursing education programs and courses from an 35,355
applicant accredited by a national accreditation system for 35,356
nursing, five hundred dollars; 35,357
(10) For application for authorization to approve 35,359
continuing nursing education programs and courses from an 35,360
applicant not accredited by a national accreditation system for 35,361
nursing, one thousand dollars; 35,362
(11) For biennial renewal of authorization to approve 35,364
continuing nursing education programs and courses, three hundred 35,366
dollars;
(12) For written verification of a license or certificate, 35,369
other than verification to another jurisdiction, five dollars. 35,370
The board may contract for services pertaining to this 35,371
verification process and the collection of the fee, and may 35,372
permit the contractor to retain a portion of the fees as 35,373
800
compensation, before any amounts are deposited into the state 35,374
treasury. 35,375
(B) Each quarter, the board of nursing shall certify to 35,377
the director of budget and management the number of biennial 35,378
licenses renewed under this chapter during the preceding quarter 35,379
and the amount equal to that number times five dollars. 35,380
Sec. 4723.24. All active licenses issued under this 35,389
chapter shall be renewed biennially according to a schedule 35,390
established by the board of nursing. The board shall mail an 35,391
application for renewal to every holder of an active license 35,392
addressed to the last known post-office address of the holder 35,393
before the date specified in the board's schedule. Failure of 35,394
the holder to receive an application for renewal from the board 35,395
shall not excuse the holder from the requirements contained in 35,396
this section. The holder shall complete the renewal form and 35,397
return it to the treasurer of state with the renewal fee required 35,398
by section 4723.08 of the Revised Code on or before the date 35,399
specified by the board. The holder shall report any criminal 35,400
offense that constitutes grounds for denial of a license under 35,401
section 4723.28 of the Revised Code of which the holder has been 35,402
found guilty or to which the holder has entered a plea of guilty 35,403
or no contest since the submission of the holder's last preceding 35,404
application. The treasurer shall immediately forward the renewal 35,405
application to the board, and on receipt of the renewal 35,406
application, the board shall verify that the applicant meets the 35,407
renewal requirements and shall renew the license for the 35,408
following two-year period. If a renewal application that meets 35,409
the renewal requirements is submitted after the date specified in 35,410
the board's schedule, but before expiration of the license, the 35,411
board shall grant a renewal upon payment of the late renewal fee 35,412
authorized under section 4723.08 of the Revised Code. 35,413
Every holder shall give written notice to the board of any 35,415
change of name or address within thirty days of the change. The 35,416
board shall require the holder to document a change of name in a 35,417
801
manner acceptable to the board. 35,418
Except in the case of a first renewal after licensure by 35,420
examination, effective January 1, 1992, to be eligible for 35,421
renewal of an active license to practice nursing as a registered 35,422
nurse or licensed practical nurse, each individual who holds an 35,423
active license must, in each two-year period specified by the 35,424
board, complete continuing nursing education as follows: 35,425
(A) For renewal of a license that was issued for a 35,427
two-year renewal period, twenty-four hours of continuing nursing 35,428
education; 35,429
(B) For renewal of a license that was issued for less than 35,431
a two-year renewal period, one hour THE NUMBER OF HOURS of 35,432
continuing nursing education for each month or portion of a month 35,434
for which the license was active SPECIFIED BY THE BOARD IN RULES 35,435
ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 35,436
The board shall adopt rules establishing the procedure for 35,438
an applicant to certify to the board completion of the continuing 35,439
nursing education. Continuing nursing education may be applied 35,440
to meet this requirement if it is obtained through a program or 35,441
course approved by the board or person authorized by the board. 35,442
On request of the board, an applicant or license holder shall 35,443
submit satisfactory documentation of completion of the required 35,444
continuing nursing education. The continuing education required 35,445
of a certified registered nurse anesthetist, clinical nurse 35,446
specialist, certified nurse-midwife, or certified nurse 35,447
practitioner to obtain or maintain certification by a national 35,449
certifying organization shall be applied toward the applicant's 35,450
continuing education requirements for renewal of the applicant's 35,451
license to practice nursing as a registered nurse. 35,452
Except as otherwise provided in section 4723.28 of the 35,454
Revised Code, a holder of a license who does not intend to 35,455
practice in Ohio may send to the board written notice to that 35,456
effect on or before the renewal date, and the board shall 35,457
classify the license as inactive. During the period that the 35,458
802
license is classified as inactive, the holder may not engage in 35,460
the practice of nursing in Ohio and is not required to pay the 35,461
renewal fee. 35,462
The holder of an inactive license or an individual who has 35,464
failed to renew the individual's license may have the license 35,465
restored or renewed upon meeting the requirements for restoring 35,467
and renewing licenses established in rules adopted under section 35,468
4723.07 of the Revised Code. 35,469
Sec. 4723.28. As used in this section, "dangerous drug" 35,478
and "prescription" have the same meanings as in section 4729.02 35,479
of the Revised Code. 35,480
(A) The board of nursing, pursuant to an adjudication 35,482
conducted under Chapter 119. of the Revised Code and by a vote of 35,483
a quorum, may revoke or may refuse to grant a license or 35,484
certificate to a person found by the board to have committed 35,486
fraud in passing the examination or to have committed fraud, 35,487
misrepresentation, or deception in applying for or securing any 35,488
license or certificate issued by the board. 35,490
(B) The board of nursing, pursuant to an adjudication 35,492
conducted under Chapter 119. of the Revised Code and by a vote of 35,493
a quorum, may impose one or more of the following sanctions: 35,494
deny, revoke permanently, suspend, or place restrictions on any 35,495
license or certificate issued by the board; reprimand or 35,497
otherwise discipline a holder of a license or certificate; or 35,498
impose a fine of not more than five hundred dollars per 35,500
violation. The sanctions may be imposed for any of the
following: 35,501
(1) Denial, revocation, suspension, or restriction of a 35,503
license to practice nursing, for any reason other than a failure 35,504
to renew, in another state or jurisdiction; or denial, 35,505
revocation, suspension, or restriction of a license to practice a 35,506
health care occupation other than nursing, for any reason other 35,507
than a failure to renew, in Ohio or another state or 35,508
jurisdiction;
803
(2) Engaging in the practice of nursing, having failed to 35,510
renew a license issued under this chapter, or while a license is 35,511
under suspension; 35,512
(3) Conviction of, a plea of guilty to, or a judicial 35,514
finding of guilt of a misdemeanor committed in the course of 35,515
practice; 35,516
(4) Conviction of, a plea of guilty to, or a judicial 35,518
finding of guilt of any felony or of any crime involving gross 35,519
immorality or moral turpitude; 35,520
(5) Selling, giving away, or administering drugs for other 35,522
than legal and legitimate therapeutic purposes; or conviction of, 35,523
a plea of guilty to, or a judicial finding of guilt of violating 35,524
any municipal, state, county, or federal drug law; 35,525
(6) Conviction of, a plea of guilty to, or a judicial 35,527
finding of guilt of an act in another jurisdiction that would 35,528
constitute a felony or a crime of moral turpitude in Ohio; 35,529
(7) Conviction of, a plea of guilty to, or a judicial 35,531
finding of guilt of an act in the course of practice in another 35,532
jurisdiction that would constitute a misdemeanor in Ohio; 35,533
(8) Self-administering or otherwise taking into the body 35,535
any dangerous drug in any way not in accordance with a legal, 35,536
valid prescription; 35,537
(9) Habitual indulgence in the use of controlled 35,539
substances, other habit-forming drugs, or alcohol or other 35,540
chemical substances to an extent that impairs ability to 35,541
practice; 35,542
(10) Impairment of the ability to practice according to 35,544
acceptable and prevailing standards of safe nursing care because 35,545
of habitual or excessive use of drugs, alcohol, or other chemical 35,548
substances that impair the ability to practice; 35,549
(11) Impairment of the ability to practice according to 35,551
acceptable and prevailing standards of safe nursing care because 35,552
of a physical or mental disability; 35,553
(12) Assaulting or causing harm to a patient or depriving 35,555
804
a patient of the means to summon assistance; 35,556
(13) Obtaining or attempting to obtain money or anything 35,558
of value by intentional misrepresentation or material deception 35,559
in the course of practice; 35,560
(14) Adjudication by a probate court that the license 35,562
applicant or license holder is mentally ill or mentally 35,563
incompetent. The board may restore the license upon adjudication 35,564
by a probate court of the person's restoration to competency or 35,565
upon submission to the board of other proof of competency. 35,566
(15) The suspension or termination of employment by the 35,568
department of defense or the veterans administration of the 35,569
United States for any act that violates or would violate this 35,570
chapter; 35,571
(16) Violation of this chapter or any rules adopted under 35,573
it; 35,574
(17) Violation of any restrictions placed on a license by 35,576
the board; 35,577
(18) Failure to use universal blood and body fluid 35,579
precautions established by rules adopted under section 4723.07 of 35,580
the Revised Code; 35,581
(19) Failure to practice in accordance with acceptable and 35,584
prevailing standards of safe nursing care; 35,585
(20) In the case of a registered nurse, engaging in 35,587
activities that exceed the practice of nursing as a registered 35,588
nurse under section 4723.02 of the Revised Code; 35,589
(21) In the case of a licensed practical nurse, engaging 35,591
in activities that exceed the practice of nursing as a licensed 35,592
practical nurse under section 4723.02 of the Revised Code; 35,593
(22) Aiding and abetting in the unlicensed practice of 35,595
nursing; 35,596
(23) In the case of a certified registered nurse 35,598
anesthetist, clinical nurse specialist, certified nurse-midwife, 35,600
or certified nurse practitioner, or a registered nurse approved 35,601
as an advanced practice nurse under section 4723.55 of the 35,602
805
Revised Code, either of the following: 35,603
(a) Waiving the payment of all or any part of a deductible 35,605
or copayment that a patient, pursuant to a health insurance or 35,606
health care policy, contract, or plan that covers such nursing 35,607
services, would otherwise be required to pay if the waiver is 35,608
used as an enticement to a patient or group of patients to 35,609
receive health care services from that provider; 35,610
(b) Advertising that the nurse will waive the payment of 35,612
all or any part of a deductible or copayment that a patient, 35,613
pursuant to a health insurance or health care policy, contract, 35,614
or plan that covers such nursing services, would otherwise be 35,615
required to pay;. 35,616
(24) Failure to comply with the terms and conditions of 35,618
participation in the alternative program for chemically dependent 35,620
nurses created by section 4723.35 of the Revised Code; 35,621
(25) In the case of a certified registered nurse 35,623
anesthetist, clinical nurse specialist, certified nurse-midwife, 35,624
or certified nurse practitioner: 35,625
(a) Engaging in activities that exceed those permitted for 35,628
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 35,629
(b) Failure to meet the quality assurance standards 35,631
established under section 4723.07 of the Revised Code;. 35,633
(26) In the case of a clinical nurse specialist, certified 35,635
nurse-midwife, or certified nurse practitioner, failure to 35,636
maintain a standard care arrangement in accordance with section 35,637
4723.431 of the Revised Code or to practice in accordance with 35,638
the standard care arrangement. 35,639
(C) If a criminal action is brought against a license 35,641
holder for an act or crime described in divisions (B)(3) to (7) 35,642
of this section and the action is dismissed by the trial court 35,643
other than on the merits, the board shall hold an adjudication 35,645
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 35,646
806
basis of the hearing that the license holder committed the act, 35,647
or if the license holder fails to participate in the hearing, the 35,648
board may take action as though the license holder had been 35,649
convicted of the act. 35,650
If the board takes action on the basis of a conviction, 35,652
plea of guilty, or a judicial determination of guilt as described 35,653
in divisions (B)(3) to (7) of this section that is overturned on 35,654
appeal, the license holder may, on exhaustion of the appeal 35,655
process, petition the board for reconsideration of its action. 35,656
On receipt of the petition and supporting court documents, the 35,657
board shall temporarily rescind its action. If the board 35,658
determines that the decision on appeal was a decision on the 35,659
merits, it shall permanently rescind its action. If the board 35,660
determines that the decision on appeal was not a decision on the 35,661
merits, it shall hold an adjudicatory hearing to determine 35,662
whether the license holder committed the act on which the 35,663
original conviction, plea, or judicial determination was based. 35,664
If the board determines on the basis of the hearing that the 35,665
license holder committed such act, or if the license holder does 35,666
not request a hearing, the board shall reinstate its action; 35,667
otherwise, the board shall permanently rescind its action. 35,668
Notwithstanding the provision of division (C)(2) of section 35,670
2953.32 of the Revised Code specifying that if records pertaining 35,671
to a criminal case are sealed under that section the proceedings 35,672
in the case shall be deemed not to have occurred, sealing of the 35,673
records of a conviction on which the board has based an action 35,674
under this section shall have no effect on the board's action or 35,675
any sanction imposed by the board under this section. 35,676
(D) In enforcing division (B) of this section, the board 35,678
may compel any individual licensed by this chapter or who has 35,679
applied for licensure to submit to a mental or physical 35,680
examination, or both, as required by the board and at the expense 35,681
of the individual. Failure of any individual to submit to a 35,682
mental or physical examination when directed constitutes an 35,683
807
admission of the allegations, unless the failure is due to 35,684
circumstances beyond the individual's control, and a default and 35,685
final order may be entered without the taking of testimony or 35,686
presentation of evidence. If the board finds that an individual 35,687
is impaired, the board shall require the individual to submit to 35,688
care, counseling, or treatment approved or designated by the 35,689
board, as a condition for initial, continued, reinstated, or 35,690
renewed licensure to practice. The individual shall be afforded 35,691
an opportunity to demonstrate to the board that the individual 35,692
can resume the individual's occupation in compliance with 35,694
acceptable and prevailing standards under the provisions of the 35,696
individual's license. For the purpose of this section, any 35,698
individual who is licensed by this chapter or makes application 35,699
for licensure shall be deemed to have given consent to submit to 35,700
a mental or physical examination when directed to do so in 35,701
writing by the board, and to have waived all objections to the 35,702
admissibility of testimony or examination reports that constitute 35,703
a privileged communication.
(E) The board shall investigate evidence that appears to 35,705
show that any person has violated any provision of this chapter 35,706
or any rule of the board. Any person may report to the board any 35,707
information the person may have that appears to show a violation 35,708
of any provision of this chapter or rule of the board. In the 35,709
absence of bad faith, any person who reports such information or 35,710
who testifies before the board in any adjudication conducted 35,712
under Chapter 119. of the Revised Code shall not be liable for 35,713
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 35,715
investigation is confidential and not subject to discovery in any 35,716
civil action, EXCEPT THAT THE BOARD MAY DISCLOSE INFORMATION TO 35,717
LAW ENFORCEMENT OFFICERS AND GOVERNMENT ENTITIES INVESTIGATING A 35,718
PERSON LICENSED BY THE BOARD. NO LAW ENFORCEMENT OFFICER OR 35,719
GOVERNMENT ENTITY WITH KNOWLEDGE OF ANY INFORMATION DISCLOSED BY 35,720
THE BOARD PURSUANT TO THIS DIVISION SHALL DIVULGE THE INFORMATION 35,721
808
TO ANY OTHER PERSON OR GOVERNMENT ENTITY EXCEPT FOR THE PURPOSE 35,722
OF AN ADJUDICATION BY A COURT OR LICENSING OR REGISTRATION BOARD 35,723
OR OFFICER TO WHICH THE PERSON TO WHOM THE INFORMATION RELATES IS
A PARTY. 35,724
If the investigation requires a review of patient records, 35,726
the investigation and proceeding shall be conducted in such a 35,727
manner as to protect patient confidentiality. 35,728
All hearings and investigations of the board shall be 35,730
considered civil actions for the purposes of section 2305.251 of 35,731
the Revised Code. 35,732
The hearings of the board shall be conducted in accordance 35,734
with Chapter 119. of the Revised Code. The board may appoint a 35,735
hearing examiner as provided in section 119.09 to conduct any 35,736
hearing the board is empowered to hold under Chapter 119. of the 35,737
Revised Code. 35,738
In the absence of fraud or bad faith, neither the board nor 35,740
any current or former members, agents, representatives, or 35,741
employees of the board shall be held liable in damages to any 35,742
person as the result of any act, omission, proceeding, conduct, 35,743
or decision related to their official duties undertaken or 35,744
performed pursuant to this chapter. If a current or former 35,745
member, agent, representative, or employee requests the state to 35,746
defend the individual against any claim or action arising out of 35,747
any act, omission, proceeding, conduct, or decision related to 35,749
the individual's official duties, if the request is made in 35,751
writing at a reasonable time before trial, and if the individual 35,752
requesting defense cooperates in good faith in the defense of the 35,753
claim or action, the state shall provide and pay for such defense 35,754
and shall pay any resulting judgment, compromise, or settlement. 35,755
At no time shall the state pay that part of a claim or judgment 35,756
that is for punitive or exemplary damages. 35,757
(F) Any action taken by the board under this section 35,759
resulting in a suspension from practice shall be accompanied by a 35,760
written statement of the conditions under which the person may be 35,761
809
reinstated to practice. 35,762
(G) No unilateral surrender of a license issued under this 35,764
chapter shall be effective unless accepted by majority vote of 35,765
the board. No application for a license issued under this 35,766
chapter may be withdrawn without a majority vote of the board. 35,767
(H) Notwithstanding division (B)(23) of this section, 35,769
sanctions shall not be imposed against any licensee who waives 35,770
deductibles and copayments: 35,771
(1) In compliance with the health benefit plan that 35,773
expressly allows such a practice. Waiver of the deductibles or 35,774
copayments shall be made only with the full knowledge and consent 35,775
of the plan purchaser, payer, and third-party administrator. The 35,776
consent shall be made available to the board upon request. 35,777
(2) For professional services rendered to any other person 35,779
licensed pursuant to this chapter to the extent allowed by this 35,780
chapter and the rules of the board. 35,781
Sec. 4723.31. Except as provided in division (A)(4) of 35,790
section 3721.34 and section 4723.061 of the Revised Code, all 35,791
receipts of the board of nursing, from any source, shall be 35,792
deposited in the state treasury to the credit of the occupational 35,793
licensing and regulatory fund. All vouchers of the board shall
be signed APPROVED by the board president or executive director, 35,795
or both, as authorized by the board. 35,797
Sec. 4723.41. (A) Each person who desires to practice 35,806
nursing as a certified nurse-midwife and has not been authorized 35,808
to practice midwifery prior to December 1, 1967, and each person 35,809
who desires to practice nursing as a certified registered nurse 35,810
anesthetist, clinical nurse specialist, or certified nurse 35,811
practitioner shall file with the board of nursing a written 35,812
application for authorization to practice nursing in the desired 35,813
specialty, under oath, on a form prescribed by the board. 35,814
At the time of making application, the applicant shall meet 35,817
all of the following requirements:
(1) Be a registered nurse; 35,819
810
(2) Except as provided in divisions (B) and (D) of this 35,822
section, submit documentation satisfactory to the board that the 35,824
applicant has earned at least a master's degree with a major in a 35,825
CLINICAL nursing specialty or in a related field that qualifies 35,826
the applicant to sit for the certification examination of a 35,827
national certifying organization listed in division (A)(3) of 35,828
this section or approved by the board under section 4723.46 of 35,830
the Revised Code; 35,831
(3) Except as provided in division (C) of this section, 35,834
submit documentation satisfactory to the board of having passed 35,835
the certification examination of one of the following: 35,836
(a) If the applicant is applying to practice nursing as a 35,838
certified nurse-midwife, the American college of nurse-midwives 35,839
or another national certifying organization approved by the board 35,840
under section 4723.46 of the Revised Code to examine and certify 35,842
nurse-midwives;
(b) If the applicant is applying to practice nursing as a 35,844
certified registered nurse anesthetist, the national council on 35,845
certification of nurse anesthetists of the American association 35,847
of nurse anesthetists, the national council on recertification of 35,848
nurse anesthetists of the American association of nurse 35,849
anesthetists, or another national certifying organization 35,850
approved by the board under section 4723.46 of the Revised Code 35,851
to examine and certify registered nurse anesthetists; 35,852
(c) If the applicant is applying to practice nursing as a 35,854
clinical nurse specialist, the American nurses credentialing 35,856
center or another national certifying organization approved by 35,857
the board under section 4723.46 of the Revised Code to examine 35,858
and certify clinical nurse specialists; 35,859
(d) If the applicant is applying to practice nursing as a 35,861
certified nurse practitioner, the American nurses credentialing 35,862
center, the national certification corporation, the national 35,863
board of pediatric nurse practitioners and associates, or another 35,864
national certifying organization approved by the board under 35,865
811
section 4723.46 of the Revised Code to examine and certify nurse 35,867
practitioners.
(4) Submit an affidavit with the application that states 35,870
all of the following:
(a) That the applicant is the person named in the 35,873
documents submitted under divisions (A)(2) and (3) of this 35,875
section and is the lawful possessor thereof;
(b) The applicant's age, residence, the school at which 35,877
the applicant obtained education in the applicant's nursing 35,880
specialty, and any other facts that the board requires; 35,882
(c) If the applicant is already engaged in the practice of 35,885
nursing as a certified registered nurse anesthetist, clinical 35,886
nurse specialist, certified nurse-midwife, or certified nurse 35,887
practitioner, the period during which and the place where the 35,888
applicant is engaged;
(d) If the applicant is already engaged in the practice of 35,891
nursing as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, the names and business addresses 35,892
of the applicant's current collaborating physicians and 35,893
podiatrists. If the applicant is not yet engaged in the practice 35,895
of nursing as a clinical nurse specialist, certified 35,896
nurse-midwife, or certified nurse practitioner, the applicant
shall submit the names and business addresses of the applicant's 35,897
collaborating physicians or podiatrists not later than thirty 35,898
days after first engaging in the practice. The applicant shall 35,899
give written notice to the board of any additions or deletions to 35,900
the affidavit of collaborating physicians or podiatrists not 35,901
later than thirty days after the change takes effect.
(B) On or before December 31, 2000, the board shall issue 35,904
to an applicant a certificate of authority to practice nursing as 35,905
a certified registered nurse anesthetist, certified 35,906
nurse-midwife, or certified nurse practitioner if the applicant
complies with all requirements of this section, other than the 35,908
requirement that the applicant has earned at least a master's 35,909
812
degree with a major in a nursing specialty or in a related field 35,910
that qualifies the applicant to sit for the certification 35,911
examination of a national certifying organization listed in 35,912
division (A)(3) of this section or approved by the board under 35,913
section 4723.46 of the Revised Code. 35,914
(C) On or before December 31, 2000, the board shall issue 35,917
to an applicant a certificate of authority to practice nursing as 35,918
a clinical nurse specialist if the applicant complies with all 35,919
requirements of this section, other than the requirement of 35,920
having passed a certification examination.
(D) On or before December 31, 2008, the board shall issue 35,923
to an applicant a certificate of authority to practice nursing as 35,924
a certified nurse practitioner if the applicant has successfully 35,925
completed a nurse practitioner certificate program that receives 35,926
funding under and is employed by a public agency or a private, 35,927
nonprofit entity that receives funding under Title X of the 35,929
"Public Health Service Act," 42 U.S.C. 300 and 300a-1 (1991), and 35,932
complies with all requirements of this section, other than the 35,933
requirement that the applicant has earned at least a master's 35,934
degree with a major in a nursing specialty or in a related field 35,935
that qualifies the applicant to sit for the certification
examination of a national certifying organization listed in 35,936
division (A)(3) of this section or approved by the board under 35,938
section 4723.46 of the Revised Code.
(E) A certified registered nurse anesthetist, clinical 35,941
nurse specialist, certified nurse-midwife, or certified nurse 35,942
practitioner who is practicing as such in another jurisdiction 35,943
may apply for a certificate of authority to practice nursing as a 35,944
certified registered nurse anesthetist, clinical nurse 35,945
specialist, certified nurse-midwife, or certified nurse 35,946
practitioner in this state if the nurse meets the requirements
for a certificate of authority set forth in this section. The 35,947
application shall be submitted to the board in the form 35,949
prescribed by rules of the board and be accompanied by the 35,950
813
application fee required by section 4723.08 of the Revised Code. 35,952
The application shall include evidence that the applicant meets 35,953
the requirements of this section, holds a license or certificate 35,954
to practice nursing as a certified registered nurse anesthetist, 35,955
clinical nurse specialist, certified nurse-midwife, or certified 35,956
nurse practitioner in good standing in another jurisdiction 35,958
granted after meeting requirements approved by the entity of that 35,959
jurisdiction that licenses nurses, and other information required 35,960
by rules of the board of nursing. 35,961
If the applicant is a certified registered nurse 35,963
anesthetist, certified nurse-midwife, or certified nurse 35,964
practitioner who, on or before December 31, 2000, met the 35,966
requirements of this section to practice as such and has 35,967
maintained certification in the applicant's nursing specialty 35,968
with a national certifying organization listed in division (A)(3) 35,970
of section 4723.41 of the Revised Code or approved by the board 35,972
under section 4723.46 of the Revised Code, division (B) of this 35,976
section shall apply. 35,977
If the applicant is a clinical nurse specialist who, on or 35,979
before December 31, 2000, met the requirements of this section to 35,981
practice as such and has earned at least a master's degree with a 35,982
major in a nursing specialty or in a related field that qualifies 35,983
the applicant to sit for the certification examination of a 35,984
national certifying organization listed in division (A)(3) of 35,986
this section or approved by the board under section 4723.46 of 35,987
the Revised Code, division (C) of this section shall apply. 35,990
Sec. 4723.46. (A) The board of nursing shall establish a 36,000
list of national certifying organizations approved by the board 36,001
to examine and certify registered nurses to practice nursing 36,002
specialties. To be approved by the board, a national certifying 36,003
organization must meet all of the following requirements: 36,004
(1) Be national in the scope of its credentialing; 36,006
(2) Have an educational requirement beyond that required 36,008
for registered nurse licensure; 36,009
814
(3) Have practice requirements beyond those required for 36,012
registered nurse licensure;
(4) Have testing requirements beyond those required for 36,014
registered nurse licensure that measure the theoretical and 36,015
clinical content of a nursing specialty, are developed in 36,016
accordance with accepted standards of validity and reliability, 36,017
and are open only to registered nurses who have successfully 36,018
completed the educational program required by the organization; 36,019
(5) Issue certificates to certified registered nurse 36,021
anesthetists, clinical nurse specialists, certified 36,022
nurse-midwives, or certified nurse practitioners; 36,023
(6) Periodically review the qualifications of certified 36,025
registered nurse anesthetists, clinical nurse specialists, 36,026
certified nurse-midwives, or certified nurse practitioners. 36,027
(B) Not later than the thirtieth day of January of each 36,030
year, the board shall publish the list of national certifying 36,031
organizations that have met the requirements of division (A) of 36,032
this section within the previous year and remove from the list 36,033
organizations that no longer meet the requirements. 36,034
Sec. 4723.56. (A) For purposes of the pilot programs 36,044
established by section 4723.52 of the Revised Code, the board of 36,045
nursing may approve an advanced practice nurse to prescribe drugs 36,046
and therapeutic devices if the nurse submits to the board all of 36,047
the following: 36,048
(1) Evidence of having attained at least a master's degree 36,050
in nursing from an accredited institution recognized by the 36,051
board; 36,052
(2) Evidence of completing the pharmacology instruction 36,054
required by division (B) of this section; 36,055
(3) A copy of the protocol established between the nurse 36,057
and the nurse's collaborating physician that meets the 36,058
requirements of division (C) of this section and receives 36,059
approval from the formulary committee for advanced practice 36,060
nurses established under section 4723.57 of the Revised Code; 36,061
815
(4) Any other information the board requires pursuant to 36,063
rules adopted under section 4723.58 of the Revised Code; 36,064
(5) The fee established in rules adopted under section 36,066
4723.54 of the Revised Code. 36,067
(B) To receive approval under this section to prescribe 36,069
drugs and therapeutic devices, an advanced practice nurse must 36,070
have completed a minimum of thirty hours of instruction in 36,071
pharmacology. The instruction must have been completed within 36,072
three years prior to application for the approval, unless the 36,073
board of nursing establishes by rule adopted under section 36,074
4723.58 of the Revised Code another time period within which the 36,075
instruction must have been completed. The instruction may have 36,076
been received through either of the following: 36,077
(1) Planned classroom, clinical, or provider-directed 36,079
independent study in pharmacology from an accredited institution 36,080
recognized by the board of nursing; 36,081
(2) Pharmacology courses determined to be acceptable by 36,083
the board pursuant to rules adopted under section 4723.58 of the 36,084
Revised Code. 36,085
(C) Each advanced practice nurse who desires to receive 36,087
approval under this section to prescribe drugs and therapeutic 36,088
devices shall enter into an arrangement with a collaborating 36,089
physician. The advanced practice nurse and the collaborating 36,090
physician shall develop a written protocol that establishes the 36,091
arrangement between the nurse and the physician. The protocol 36,092
shall include the following: 36,093
(1) The drugs that the advanced practice nurse may 36,095
prescribe and the limitations on her THE authority to prescribe 36,096
them, including any restrictions on dosage units or refills, in 36,097
accordance with the formulary established in rules adopted under 36,098
section 4723.58 of the Revised Code; 36,099
(2) The conditions under which the advanced practice nurse 36,101
must refer patients to the collaborating physician or another 36,102
physician; 36,103
816
(3) The responsibilities of the collaborating physician; 36,105
(4) Procedures for quality assurance reviews of the 36,107
advanced practice nurse by the collaborating physician. 36,108
(D)(1) On receipt of a protocol under division (A) of this 36,110
section, the board shall submit the protocol to the formulary 36,111
committee for advanced practice nurses for the committee's 36,112
review. An advanced practice nurse shall prescribe drugs and 36,113
therapeutic devices only in accordance with a protocol approved 36,114
by the committee. 36,115
(2) If an advanced practice nurse and collaborating 36,117
physician propose to make a change in an approved protocol, the 36,118
advanced practice nurse shall file the proposed change with the 36,119
board of nursing at least thirty days prior to the date on which 36,120
the proposed change is intended to become effective. The board 36,121
shall submit the proposed change to the formulary committee for 36,122
the committee's review. The advanced practice nurse and 36,123
collaborating physician shall implement the change only if it is 36,124
approved by the committee. 36,125
(E) Notwithstanding any other provision of this chapter or 36,127
Chapter 2925., 3719., or 4729., OR 4731. of the Revised Code to 36,129
the contrary, an advanced practice nurse approved under this 36,130
section may prescribe drugs and therapeutic devices as specified 36,131
in the protocol established between the nurse and the 36,132
collaborating physician AND MAY PERSONALLY SUPPLY DRUGS AND 36,133
THERAPEUTIC DEVICES IN ACCORDANCE WITH SECTION 4723.561 OF THE 36,135
REVISED CODE.
(F) Approval under this section to prescribe AND 36,137
PERSONALLY SUPPLY drugs or AND therapeutic devices is valid for 36,139
two years. The board may renew its approval to prescribe drugs 36,141
and therapeutic devices if the nurse submits to the board all of 36,142
the following:
(1) Evidence of completing during the previous two years 36,144
at least twelve hours of continuing education in pharmacology 36,145
from an accredited institution recognized by the board; 36,146
817
(2) A written recommendation for renewal from the nurse's 36,148
collaborating physician; 36,149
(3) Any other information the board requires pursuant to 36,151
rules adopted under section 4723.58 of the Revised Code; 36,152
(4) The fee established in rules adopted under section 36,154
4723.54 of the Revised Code. 36,155
(G) The continuing education required by this section is 36,157
in addition to the continuing education required under section 36,158
4723.24 of the Revised Code. 36,159
(H) Application for approval under this section may be 36,161
made at the same time that application is made for approval under 36,162
section 4723.55 of the Revised Code or at any time subsequent to 36,163
receiving approval under that section. 36,164
Sec. 4723.561. AN ADVANCED PRACTICE NURSE APPROVED BY THE 36,166
BOARD OF NURSING UNDER SECTION 4723.56 OF THE REVISED CODE TO 36,168
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES AS PART OF A PILOT
PROGRAM ESTABLISHED UNDER SECTION 4723.52 OF THE REVISED CODE MAY 36,169
PERSONALLY SUPPLY TO PATIENTS THE FOLLOWING DRUGS AND DEVICES 36,171
THAT ARE WITHIN THE ADVANCED PRACTICE NURSE'S AUTHORITY TO 36,172
PRESCRIBE: ANTIBIOTICS, ANTIFUNGALS, SCABICIDES, CONTRACEPTIVES, 36,173
AND PRENATAL VITAMINS.
THE ADVANCED PRACTICE NURSE SHALL MAINTAIN A WRITTEN RECORD 36,175
OF DRUGS AND DEVICES PERSONALLY SUPPLIED UNDER THIS SECTION. FOR 36,176
EACH DRUG OR DEVICE SUPPLIED, THE COLLABORATING PHYSICIAN SHALL 36,177
REVIEW THE RECORD WITHIN SEVENTY-TWO HOURS AFTER THE DRUG OR 36,178
DEVICE IS SUPPLIED.
Sec. 4723.59. (A) An advanced practice nurse shall 36,189
practice as an advanced practice nurse only in accordance with 36,190
the standard care arrangement developed under section 4723.52 of 36,191
the Revised Code for the pilot program in which the nurse is 36,192
participating. An advanced practice nurse who does not follow 36,193
the standard care arrangement is guilty of unprofessional conduct 36,194
and is subject to disciplinary action under section 4723.28 of 36,195
the Revised Code for violation of this chapter and the rules 36,196
818
adopted under it. 36,197
(B) An advanced practice nurse approved under section 36,199
4723.56 of the Revised Code shall prescribe drugs and therapeutic 36,200
devices specified in the protocol established between the nurse 36,201
and the collaborating physician only in accordance with the 36,202
protocol. AN ADVANCED PRACTICE NURSE APPROVED UNDER SECTION 36,203
4723.56 OF THE REVISED CODE SHALL PERSONALLY SUPPLY DRUGS AND 36,204
THERAPEUTIC DEVICES IN ACCORDANCE WITH SECTION 4723.561 OF THE 36,206
REVISED CODE. Any advanced practice nurse who does not follow
the protocol OR PERSONALLY SUPPLY DRUGS AND DEVICES IN ACCORDANCE 36,207
WITH SECTION 4723.561 OF THE REVISED CODE is guilty of 36,209
unprofessional conduct and is subject to disciplinary action 36,210
under section 4723.28 of the Revised Code for violation of this 36,211
chapter and the rules adopted under it.
(C) Any collaborating physician who does not perform the 36,213
responsibilities he THE PHYSICIAN agreed to perform in the 36,214
protocol established between the physician and an advanced 36,215
practice nurse in accordance with section 4723.56 of the Revised 36,216
Code is guilty of unprofessional conduct and is subject to 36,217
disciplinary action by the state medical board. Under this 36,218
division, the state medical board may revoke, limit, or suspend 36,219
the physician's certificate to practice, pursuant to an 36,220
adjudicatory hearing under Chapter 119. of the Revised Code and A 36,221
vote of not less than six of its members. 36,222
Sec. 4725.06. Each member of the state board of optometry 36,231
shall receive an amount fixed pursuant to division (J) of section 36,232
124.15 of the Revised Code for each day actually employed in the 36,234
discharge of his THE official duties OF THE MEMBER, and his THE 36,235
necessary expenses OF THE MEMBER. 36,236
The secretary of the board shall receive his REIMBURSEMENT 36,238
FOR necessary expenses incurred BY THE SECRETARY in the discharge 36,241
of his THE SECRETARY'S official duties.
All vouchers of the board shall be signed APPROVED by the 36,243
board president or executive secretary, or both, as authorized by 36,245
819
the board.
Sec. 4725.45. (A) The Ohio optical dispensers board shall 36,254
employ an executive secretary-treasurer, who shall serve at the 36,255
pleasure of the board. Before entering upon the discharge of the 36,256
duties imposed upon him THE EXECUTIVE SECRETARY-TREASURER by 36,257
sections 4725.40 to 4725.59 of the Revised Code or by the board, 36,259
the executive secretary-treasurer shall give a bond, with 36,260
sufficient sureties, in an amount to be determined by the board 36,261
for the faithful discharge of the duties of his THE office OF 36,262
EXECUTIVE SECRETARY-TREASURER. The premium for such bond shall 36,263
be paid as are other expenditures of the board. Such bond, with 36,264
the approval of the board and oath of office endorsed thereon, 36,265
shall be deposited with the secretary of state and kept in his 36,266
THE SECRETARY OF STATE'S office. 36,267
(B) The executive secretary-treasurer shall perform such 36,269
duties as are prescribed by the board and shall keep complete 36,270
accounts of all funds received in the performance of his official 36,271
duties and of all vouchers presented by him to the director of 36,272
budget and management for the disbursement of funds. 36,273
(C) The board may employ such additional employees as may 36,275
be necessary for the administration and enforcement of sections 36,276
4725.40 to 4725.59 of the Revised Code. 36,277
(D) All receipts of the board shall be deposited in the 36,279
state treasury to the credit of the occupational licensing and 36,280
regulatory fund. All vouchers of the board shall be signed 36,281
APPROVED by the president of the board and the executive 36,283
secretary-treasurer.
(E) The board, subject to the approval of the controlling 36,285
board, may establish examination and license renewal fees in 36,286
excess of the amounts provided in sections 4725.48, 4725.49, and 36,287
4725.51 of the Revised Code, provided that such fees do not 36,288
exceed those amounts by more than fifty per cent. 36,289
Sec. 4729.15. The state board of pharmacy shall charge the 36,298
following fees: 36,299
820
(A) For applying for registration as a pharmacist, an 36,301
amount adequate to cover all rentals, compensation for proctors, 36,302
and other expenses of the board related to examination except the 36,303
expenses of procuring and grading the examination, which fee 36,304
shall not be returned if the applicant fails to pass the 36,305
examination; 36,306
(B) For the examination of an applicant for registration 36,308
as a pharmacist, an amount adequate to cover any expenses to the 36,309
board of procuring and grading the examination or any part 36,310
thereof, which fee shall not be returned if the applicant fails 36,311
to pass the examination; 36,312
(C) For issuing a certificate of registration and an 36,314
identification card to an individual who passes the examination 36,316
described in section 4729.07 of the Revised Code, an amount that 36,317
is adequate to cover the expense; 36,318
(D) For the renewal application fee of a pharmacist for an 36,320
identification card within sixty days after the expiration date, 36,321
sixty-five NINETY-SEVEN dollars AND FIFTY CENTS, which fee shall 36,323
not be returned if the applicant fails to qualify for renewal; 36,325
(E) For the renewal application fee of a pharmacist for an 36,327
identification card that has lapsed for more than sixty days, but 36,328
for less than three years, ninety ONE HUNDRED THIRTY-FIVE 36,329
dollars, which fee shall not be returned if the applicant fails 36,331
to qualify for renewal;
(F) For the renewal application fee of a pharmacist for an 36,333
identification card that has lapsed for more than three years, 36,334
two THREE hundred twenty-five THIRTY-SEVEN dollars AND FIFTY 36,336
CENTS, which fee shall not be returned if the applicant fails to 36,338
qualify for renewal;
(G) For the application fee of an applicant for 36,340
registration as a pharmacist, certificate of registration, and 36,341
identification card, on presentation of a certificate granted by 36,342
another state, two THREE hundred twenty-five THIRTY-SEVEN dollars 36,344
AND FIFTY CENTS, which fee shall not be returned if the applicant 36,345
821
fails to qualify for registration. 36,346
(H) For the application fee for registration as a pharmacy 36,348
intern, certificate of registration, and identification card, 36,349
fifteen TWENTY-TWO dollars AND FIFTY CENTS, which fee shall not 36,351
be returned if the applicant fails to qualify for registration; 36,352
(I) For the renewal application fee of a pharmacy intern 36,354
for an identification card, fifteen TWENTY-TWO dollars AND FIFTY 36,356
CENTS, which fee shall not be returned if the applicant fails to 36,357
qualify for renewal;
(J) For issuing a replacement certificate to a pharmacist, 36,359
fifteen TWENTY-TWO dollars AND FIFTY CENTS; 36,360
(K) For issuing a replacement certificate to a pharmacy 36,362
intern, five SEVEN dollars AND FIFTY CENTS; 36,363
(L) For issuing a replacement identification card to a 36,365
pharmacist, twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS, or 36,367
pharmacy intern, five SEVEN dollars AND FIFTY CENTS; 36,368
(M) For certifying registration and grades for reciprocal 36,370
registration, six TEN dollars and seventy-five cents; 36,371
(N) For making copies of any application, affidavit, or 36,373
other document filed in the state board of pharmacy office, an 36,374
amount fixed by the board that is adequate to cover the expense, 36,375
except that for copies required by federal or state agencies or 36,376
law enforcement officers for official purposes, no charge need be 36,377
made; 36,378
(O) For certifying and affixing the seal of the board, an 36,380
amount fixed by the board that is adequate to cover the expense, 36,381
except that for certifying and affixing the seal of the board to 36,382
a document required by federal or state agencies or law 36,383
enforcement officers for official purposes, no charge need be 36,384
made; 36,385
(P) For each copy of a book or pamphlet that includes laws 36,387
administered by the state board of pharmacy, rules adopted by the 36,388
board, and chapters of the Revised Code with which the board is 36,389
required to comply, an amount fixed by the board that is adequate 36,390
822
to cover the expense of publishing and furnishing the book or 36,391
pamphlet. 36,392
Sec. 4729.29. (A) As used in this section: 36,401
(1) "Dentist" means a person licensed under Chapter 4715. 36,403
of the Revised Code to practice dentistry. 36,404
(2) "Optometrist" means a person who is licensed to 36,406
practice optometry and holds a valid therapeutic pharmaceutical 36,407
agents certificate issued under Chapter 4725. of the Revised 36,408
Code. 36,409
(3) "Physician" means a person holding a valid certificate 36,411
issued under Chapter 4731. of the Revised Code authorizing the 36,412
person to practice medicine and surgery, osteopathic medicine and 36,413
surgery, or podiatry. (4) 36,414
(4) "Veterinarian" means a person licensed under Chapter 36,416
4741. of the Revised Code to practice veterinarian medicine. 36,417
(5) "ADVANCED PRACTICE NURSE" MEANS AN INDIVIDUAL APPROVED 36,419
UNDER SECTION 4723.56 OF THE REVISED CODE TO PRESCRIBE DRUGS AND 36,420
THERAPEUTIC DEVICES.
(B) Divisions (A) and (B) of section 4729.02 and sections 36,422
4729.26, 4729.27, and 4729.28 of the Revised Code do not do 36,423
either of the following: 36,424
(1) Apply to a dentist, optometrist, physician, or 36,426
veterinarian, or ADVANCED PRACTICE NURSE; prevent a dentist 36,428
DENTISTS, optometrist OPTOMETRISTS, physician PHYSICIANS, or 36,429
veterinarian VETERINARIANS from personally supplying the 36,430
dentist's, optometrist's, physician's, or veterinarian's THEIR 36,431
patients with such drugs as to the dentist, optometrist, 36,432
physician, or veterinarian seem proper; OR PREVENT AN ADVANCED 36,433
PRACTICE NURSE FROM PERSONALLY SUPPLYING DRUGS AND THERAPEUTIC 36,434
DEVICES IN ACCORDANCE WITH SECTION 4723.561 OF THE REVISED CODE. 36,436
(2) Apply to the sale of oxygen, peritoneal dialysis 36,438
solutions, or the sale of proprietary drugs or medicines by a 36,440
retail dealer, in original packages when labeled as required by 36,441
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 36,442
823
21 U.S.C.A. 301, as amended.
Nothing in this chapter prohibits a person who is certified 36,444
to administer topical ocular pharmaceutical agents under Chapter 36,445
4725. of the Revised Code from purchasing, possessing, or 36,446
administering topical ocular pharmaceutical agents in accordance 36,447
with Chapter 4725. of the Revised Code. 36,448
Sec. 4729.51. (A) No person other than a registered 36,457
wholesale distributor of dangerous drugs shall possess for sale, 36,458
sell, distribute, or deliver, at wholesale, dangerous drugs, 36,459
except as follows: 36,460
(1) A pharmacist who is a licensed terminal distributor of 36,462
dangerous drugs or who is employed by a licensed terminal 36,463
distributor of dangerous drugs may make occasional sales of 36,464
dangerous drugs at wholesale; 36,465
(2) A licensed terminal distributor of dangerous drugs 36,467
having more than one establishment or place may transfer or 36,468
deliver dangerous drugs from one establishment or place for which 36,469
a license has been issued to the terminal distributor to another 36,470
establishment or place for which a license has been issued to the 36,471
terminal distributor if the license issued for each establishment 36,473
or place is in effect at the time of the transfer or delivery. 36,474
(B)(1) No registered wholesale distributor of dangerous 36,476
drugs shall possess for sale, or sell, at wholesale, dangerous 36,477
drugs to any person other than the following: 36,478
(a) A practitioner; 36,480
(b) A registered wholesale distributor of dangerous drugs; 36,482
(c) A manufacturer of dangerous drugs; 36,484
(d) A licensed terminal distributor of dangerous drugs, 36,486
subject to division (B)(2) of this section; 36,487
(e) Carriers or warehousemen WAREHOUSERS for the purpose 36,489
of carriage or storage; 36,491
(f) Terminal or wholesale distributors of dangerous drugs 36,493
who are not engaged in the sale of dangerous drugs within this 36,494
state; 36,495
824
(g) An optometrist licensed under Chapter 4725. of the 36,497
Revised Code who is certified to administer topical ocular 36,498
pharmaceutical agents under that chapter for the purposes 36,499
authorized by that chapter; 36,500
(h) An individual who holds a current license, 36,502
certificate, or registration issued under Title 47 of the Revised 36,503
Code and has been certified to conduct diabetes education by a 36,504
national certifying body specified in rules adopted by the state 36,505
board of pharmacy under section 4729.68 of the Revised Code, but 36,506
only with respect to insulin that will be used for the purpose of 36,508
diabetes education and only if diabetes education is within the 36,509
individual's scope of practice under statutes and rules 36,510
regulating the individual's profession. 36,511
(2) No registered wholesale distributor of dangerous drugs 36,513
shall possess dangerous drugs for sale at wholesale, or sell such 36,514
drugs at wholesale, to a licensed terminal distributor of 36,515
dangerous drugs, except to: 36,516
(a) A terminal distributor who has a category I license, 36,518
only dangerous drugs described in category I, as defined in 36,519
division (A)(1) of section 4729.54 of the Revised Code; 36,520
(b) A terminal distributor who has a category II license, 36,522
only dangerous drugs described in category I and category II, as 36,523
defined in divisions (A)(1) and (2) of section 4729.54 of the 36,524
Revised Code; 36,525
(c) A terminal distributor who has a category III license, 36,527
dangerous drugs described in category I, category II, and 36,528
category III, as defined in divisions (A)(1), (2), and (3) of 36,529
section 4729.54 of the Revised Code; 36,530
(d) A terminal distributor who has a limited category I, 36,532
II, or III license, only the dangerous drugs specified in the 36,533
certificate furnished by the terminal distributor in accordance 36,534
with section 4729.60 of the Revised Code. 36,535
(C)(1) Except as provided in division (C)(4) of this 36,537
section, no person shall sell, at retail, dangerous drugs. 36,538
825
(2) Except as provided in division (C)(4) of this section, 36,540
no person shall possess for sale, at retail, dangerous drugs. 36,541
(3) Except as provided in division (C)(4) of this section, 36,543
no person shall possess dangerous drugs. 36,544
(4) Divisions (C)(1), (2), and (3) of this section do not 36,546
apply to a registered wholesale distributor of dangerous drugs, a 36,547
licensed terminal distributor of dangerous drugs, a practitioner, 36,549
or a person who possesses, or possesses for sale or sells, at 36,550
retail, a dangerous drug in accordance with Chapters 3719., 36,551
4715., 4729., 4731., and 4741. OR SECTION 4723.56 of the Revised 36,552
Code.
Divisions (C)(1), (2), and (3) of this section do not apply 36,555
to an individual who holds a current license, certificate, or 36,556
registration issued under Title 47 of the Revised Code and has 36,559
been certified to conduct diabetes education by a national 36,560
certifying body specified in rules adopted by the state board of 36,561
pharmacy under section 4729.68 of the Revised Code, but only to 36,563
the extent that the individual possesses insulin or personally 36,564
supplies insulin solely for the purpose of diabetes education and 36,565
only if diabetes education is within the individual's scope of 36,566
practice under statutes and rules regulating the individual's 36,567
profession. 36,568
(D) No licensed terminal distributor of dangerous drugs 36,570
shall purchase for the purpose of resale dangerous drugs from any 36,572
person other than a registered wholesale distributor of dangerous 36,574
drugs, except as follows: 36,575
(1) A licensed terminal distributor of dangerous drugs may 36,577
make occasional purchases of dangerous drugs for resale from a 36,578
pharmacist who is a licensed terminal distributor of dangerous 36,579
drugs or who is employed by a licensed terminal distributor of 36,580
dangerous drugs; 36,581
(2) A licensed terminal distributor of dangerous drugs 36,583
having more than one establishment or place may transfer or 36,584
receive dangerous drugs from one establishment or place for which 36,585
826
a license has been issued to the terminal distributor to another 36,586
establishment or place for which a license has been issued to the 36,587
terminal distributor if the license issued for each establishment 36,588
or place is in effect at the time of the transfer or receipt. 36,589
(E) No licensed terminal distributor of dangerous drugs 36,591
shall engage in the sale or other distribution of dangerous drugs 36,592
at retail or maintain possession, custody, or control of 36,593
dangerous drugs for any purpose other than the distributor's 36,594
personal use or consumption, at any establishment or place other 36,596
than that or those described in the license issued by the board 36,597
of pharmacy to such terminal distributor. 36,598
(F) Nothing in this section shall do either of the 36,600
following: 36,601
(1) Require a person engaged solely in the sale or other 36,603
distribution, at wholesale, of drugs and supplies for veterinary 36,604
use only, to be registered under sections 4729.50 to 4729.66 of 36,605
the Revised Code; 36,606
(2) Prohibit the purchase or sale, at wholesale, or OF 36,608
drugs and supplies for veterinary use only by a person engaged 36,609
solely in the distribution of drugs and supplies for veterinary 36,610
use only. 36,611
(G) Nothing in this section shall be construed to 36,613
interfere with the performance of official duties by any law 36,614
enforcement official authorized by municipal, county, state, or 36,616
federal law to collect samples of any drug, regardless of its 36,617
nature or in whose possession it may be. 36,618
Sec. 4729.52. (A) A person desiring to be registered as a 36,627
wholesale distributor of dangerous drugs shall file with the 36,628
executive director of the board of pharmacy a verified 36,629
application containing such information as the board requires of 36,630
the applicant relative to the qualifications for a wholesale 36,631
distributor of dangerous drugs set forth in section 4729.53 of 36,632
the Revised Code and the rules adopted pursuant thereto. The 36,633
board shall register as a wholesale distributor of dangerous 36,634
827
drugs each person who has submitted an application therefor and 36,635
has paid the required registration fee if the board determines 36,636
that the applicant meets the qualifications for a wholesale 36,637
distributor of dangerous drugs set forth in section 4729.53 of 36,638
the Revised Code and the rules adopted pursuant thereto. 36,639
(B) The board may register and issue to a nonresident 36,641
person a registration certificate as a wholesale distributor of 36,642
dangerous drugs if the person possesses a current and valid 36,643
wholesale distributor of dangerous drugs registration certificate 36,644
or license issued by another state that has qualifications for 36,645
licensure or registration comparable to the registration 36,646
requirements in this state and pays the required registration 36,647
fee. 36,648
(C) All registration certificates issued pursuant to this 36,650
section are effective for a period of twelve months from the 36,651
first day of July of each year. A registration certificate shall 36,652
be renewed annually by the board for a like period, pursuant to 36,653
this section and the standard renewal procedure of Chapter 4745. 36,654
of the Revised Code. A person desiring to renew a registration 36,655
certificate shall submit an application for renewal and pay the 36,656
required renewal fee before the first day of July each year. 36,657
(D) Each registration certificate and its application 36,659
shall describe not more than one establishment or place where the 36,660
registrant or applicant may engage in the sale of dangerous drugs 36,661
at wholesale. No registration certificate shall authorize or 36,662
permit the wholesale distributor of dangerous drugs named therein 36,663
to engage in the sale of drugs at wholesale or to maintain 36,664
possession, custody, or control of dangerous drugs for any 36,665
purpose other than for the registrant's own use and consumption 36,666
at any establishment or place other than that described in the 36,667
certificate. 36,668
(E)(1) The registration fee is one hundred FIFTY dollars 36,670
and shall accompany each application for registration. The 36,671
registration renewal fee is one hundred FIFTY dollars and shall 36,672
828
accompany each renewal application. 36,674
(2) A registration certificate that has not been renewed 36,676
in any year by the first day of August may be reinstated upon 36,677
payment of the renewal fee and a penalty fee of thirty-seven 36,678
FIFTY-FIVE dollars and fifty cents. 36,679
RENEWAL FEES ASSESSED UNDER DIVISIONS (E)(1) AND (2) OF 36,682
THIS SECTION SHALL NOT BE RETURNED IF THE APPLICANT FAILS TO
QUALIFY FOR RENEWAL. 36,683
(F) The registration of any person as a wholesale 36,685
distributor of dangerous drugs subjects the person and his THE 36,686
PERSON'S agents and employees to the jurisdiction of the board 36,688
and to the laws of this state for the purpose of the enforcement 36,689
of this chapter and the rules of the board. However, the filing 36,690
of an application for registration as a wholesale distributor of 36,691
dangerous drugs by, or on behalf of, any person or the 36,692
registration of any person as a wholesale distributor of 36,693
dangerous drugs shall not, of itself, constitute evidence that 36,694
the person is doing business within this state. 36,695
Sec. 4729.54. (A) As used in this section: 36,704
(1) "Category I" means single-dose injections of 36,706
intravenous fluids, including saline, Ringer's lactate, five per 36,707
cent dextrose and distilled water, and other intravenous fluids 36,708
or parenteral solutions included in this category by rule of the 36,709
board of pharmacy, that have a volume of one hundred milliliters 36,710
or more and that contain no added substances, or single-dose 36,711
injections of epinephrine to be administered pursuant to sections 36,712
4765.38 and 4765.39 of the Revised Code. 36,713
(2) "Category II" means any dangerous drug that is not 36,715
included in category I or III. 36,716
(3) "Category III" means any controlled substance that is 36,718
contained in schedule I, II, III, IV, or V. 36,719
(4) "Emergency medical service organization" has the same 36,721
meaning as in section 4765.01 of the Revised Code. 36,722
(5) "Person" includes an emergency medical service 36,724
829
organization. 36,725
(6) "Schedule I, schedule II, schedule III, schedule IV, 36,727
and schedule V" mean controlled substance schedules I, II, III, 36,728
IV, and V, respectively, as established pursuant to section 36,729
3719.41 of the Revised Code and as amended. 36,730
(B) A person who desires to be licensed as a terminal 36,732
distributor of dangerous drugs shall file with the executive 36,733
director of the board of pharmacy a verified application that 36,734
contains the following: 36,735
(1) Information that the board requires relative to the 36,737
qualifications of a terminal distributor of dangerous drugs set 36,738
forth in section 4729.55 of the Revised Code; 36,739
(2) A statement that the person wishes to be licensed as a 36,741
category I, category II, category III, limited category I, 36,742
limited category II, or limited category III terminal distributor 36,743
of dangerous drugs; 36,744
(3) If the person wishes to be licensed as a limited 36,746
category I, limited category II, or limited category III terminal 36,747
distributor of dangerous drugs, a notarized list of the dangerous 36,748
drugs that the person wishes to possess, have custody or control 36,749
of, and distribute, which list shall also specify the purpose for 36,750
which those drugs will be used and their source; 36,751
(4) If the person is an emergency medical service 36,753
organization, the information that is specified in division 36,754
(C)(1) of this section; 36,755
(5) Except for an emergency medical service organization, 36,757
the identity of the one establishment or place at which the 36,758
person intends to engage in the sale or other distribution of 36,759
dangerous drugs at retail, and maintain possession, custody, or 36,760
control of dangerous drugs for purposes other than the person's 36,761
own use or consumption. 36,762
(C)(1) An emergency medical service organization that 36,764
wishes to be licensed as a terminal distributor of dangerous 36,765
drugs shall list in its application for licensure the following 36,766
830
additional information: 36,767
(a) The units under its control that the organization 36,769
determines will possess dangerous drugs for the purpose of 36,770
administering emergency medical services in accordance with 36,771
Chapter 4765. of the Revised Code; 36,772
(b) With respect to each such unit, whether the dangerous 36,774
drugs that the organization determines the unit will possess are 36,775
in category I, II, or III. 36,776
(2) An emergency medical service organization that is 36,778
licensed as a terminal distributor of dangerous drugs shall file 36,779
a new application for such licensure if there is any change in 36,780
the number, or location of, any of its units or any change in the 36,781
category of the dangerous drugs that any unit will possess. 36,782
(3) A unit listed in an application for licensure pursuant 36,784
to division (C)(1) of this section may obtain the dangerous drugs 36,785
it is authorized to possess from its emergency medical service 36,786
organization or, on a replacement basis, from a hospital 36,787
pharmacy. If units will obtain dangerous drugs from a hospital 36,788
pharmacy, the organization shall file, and maintain in current 36,789
form, the following items with the pharmacist who is responsible 36,790
for the hospital's terminal distributor of dangerous drugs 36,791
license: 36,792
(a) A copy of its standing orders or protocol; 36,794
(b) A list of the personnel employed or used by the 36,796
organization to provide emergency medical services in accordance 36,797
with Chapter 4765. of the Revised Code, who are authorized to 36,798
possess the drugs, which list also shall indicate the personnel 36,799
who are authorized to administer the drugs. 36,800
(D) Each emergency medical service organization that 36,802
applies for a terminal distributor of dangerous drugs license 36,803
shall submit with its application the following: 36,804
(1) A notarized copy of its standing orders or protocol, 36,806
which orders or protocol shall be signed by a physician and 36,807
specify the dangerous drugs that its units may carry, expressed 36,808
831
in standard dose units; 36,809
(2) A list of the personnel employed or used by the 36,811
organization to provide emergency medical services in accordance 36,812
with Chapter 4765. of the Revised Code. 36,813
An emergency medical service organization that is licensed 36,815
as a terminal distributor shall notify the board immediately of 36,816
any changes in its standing orders or protocol. 36,817
(E) There shall be six categories of terminal distributor 36,819
of dangerous drugs licenses, which categories shall be as 36,820
follows: 36,821
(1) Category I license. A person who obtains this license 36,823
may possess, have custody or control of, and distribute only the 36,824
dangerous drugs described in category I. 36,825
(2) Limited category I license. A person who obtains this 36,827
license may possess, have custody or control of, and distribute 36,828
only the dangerous drugs described in category I that were listed 36,829
in the application for licensure. 36,830
(3) Category II license. A person who obtains this 36,832
license may possess, have custody or control of, and distribute 36,833
only the dangerous drugs described in category I and category II. 36,834
(4) Limited category II license. A person who obtains 36,836
this license may possess, have custody or control of, and 36,837
distribute only the dangerous drugs described in category I or 36,838
category II that were listed in the application for licensure. 36,839
(5) Category III license. A person who obtains this 36,841
license may possess, have custody or control of, and distribute 36,842
the dangerous drugs described in category I, category II, and 36,843
category III. 36,844
(6) Limited category III license. A person who obtains 36,846
this license may possess, have custody or control of, and 36,847
distribute only the dangerous drugs described in category I, 36,848
category II, or category III that were listed in the application 36,849
for licensure. 36,850
(F) Except for an application made on behalf of an animal 36,852
832
shelter, if an applicant for licensure as a limited category I, 36,853
II, or III terminal distributor of dangerous drugs intends to 36,854
administer dangerous drugs to a person or animal, the applicant 36,855
shall submit, with the application, a notarized copy of its 36,856
protocol or standing orders, which protocol or orders shall be 36,857
signed by a practitioner, specify the dangerous drugs to be 36,858
administered, and list personnel who are authorized to administer 36,859
the dangerous drugs in accordance with federal law or the law of 36,860
this state. An application made on behalf of an animal shelter 36,861
shall include a notarized list of the dangerous drugs to be 36,862
administered to animals and the personnel who are authorized to 36,863
administer the drugs to animals in accordance with section 36,864
4729.532 of the Revised Code. After obtaining a terminal
distributor license, a licensee shall notify the board 36,866
immediately of any changes in its protocol or standing orders, or 36,867
in such personnel.
(G) Each applicant for licensure as a terminal distributor 36,869
of dangerous drugs shall submit, with the application, a license 36,870
fee determined as follows: 36,871
(1) For a category I or limited category I license, thirty 36,873
FORTY-FIVE dollars; 36,874
(2) For a category II or limited category II license, 36,876
seventy-five ONE HUNDRED TWELVE dollars AND FIFTY CENTS; 36,877
(3) For a category III or limited category III license, 36,879
one hundred FIFTY dollars. 36,880
FEES ASSESSED UNDER DIVISIONS (G)(1) TO (3) OF THIS SECTION 36,882
SHALL NOT BE RETURNED IF THE APPLICANT FAILS TO QUALIFY FOR 36,883
REGISTRATION.
(H)(1) The board shall issue a terminal distributor of 36,885
dangerous drugs license to each person who submits an application 36,886
for such licensure in accordance with this section, pays the 36,887
required license fee, is determined by the board to meet the 36,888
requirements set forth in section 4729.55 of the Revised Code, 36,889
and satisfies any other applicable requirements of this section. 36,890
833
(2) The license of a person other than an emergency 36,892
medical service organization shall describe the one establishment 36,893
or place at which the licensee may engage in the sale or other 36,894
distribution of dangerous drugs at retail and maintain 36,895
possession, custody, or control of dangerous drugs for purposes 36,896
other than the licensee's own use or consumption. The one 36,897
establishment or place shall be that which is described in the 36,899
application for licensure. 36,900
No such license shall authorize or permit the terminal 36,902
distributor of dangerous drugs named in it to engage in the sale 36,903
or other distribution of dangerous drugs at retail or to maintain 36,904
possession, custody, or control of dangerous drugs for any 36,905
purpose other than the distributor's own use or consumption, at 36,907
any establishment or place other than that described in the 36,908
license, except that an agent or employee of an animal shelter 36,909
may possess and use dangerous drugs in the course of business as 36,910
provided in division (D) of section 4729.532 of the Revised Code. 36,911
(3) The license of an emergency medical service 36,913
organization shall cover and describe all the units of the 36,916
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 36,918
drugs shall indicate, on its face, the category of licensure. If 36,919
the license is a limited category I, II, or III license, it shall 36,920
specify, and shall authorize the licensee to possess, have 36,921
custody or control of, and distribute only, the dangerous drugs 36,922
that were listed in the application for licensure. 36,923
(I) All licenses issued pursuant to this section shall be 36,925
effective for a period of twelve months from the first day of 36,926
January of each year. A license shall be renewed by the board 36,927
for a like period, annually, according to the provisions of this 36,928
section, and the standard renewal procedure of Chapter 4745. of 36,929
the Revised Code. A person who desires to renew a license shall 36,930
submit an application for renewal and pay the required fee during 36,931
the month ON OR BEFORE THE THIRTY-FIRST DAY of December each 36,932
834
year. The fee required for the renewal of a license shall be the 36,934
same as the fee paid for the license being renewed, and shall 36,935
accompany the application for renewal. 36,936
A license that has not been renewed during December in any 36,938
year and by the first day of February of the following year may 36,939
be reinstated only upon payment of the required renewal fee and a 36,940
penalty fee of thirty-seven FIFTY-FIVE dollars and fifty cents. 36,942
(J)(1) No emergency medical service organization that is 36,944
licensed as a terminal distributor of dangerous drugs shall fail 36,945
to comply with division (C)(2) or (3) of this section. 36,946
(2) No emergency medical service organization that is 36,948
licensed as a terminal distributor of dangerous drugs shall fail 36,949
to comply with division (D) of this section. 36,950
(3) No licensed terminal distributor of dangerous drugs 36,952
shall possess, have custody or control of, or distribute 36,953
dangerous drugs that the terminal distributor is not entitled to 36,954
possess, have custody or control of, or distribute by virtue of 36,955
its category of licensure. 36,956
(4) No licensee that is required by division (F) of this 36,958
section to notify the board of changes in its protocol or 36,959
standing orders, or in personnel, shall fail to comply with that 36,960
division. 36,961
Sec. 4729.55. (A) As used in this section: 36,970
(1) "Dentist" means a person licensed under Chapter 4715. 36,972
of the Revised Code to practice dentistry. 36,973
(2) "Optometrist" means a person who is licensed to 36,975
practice optometry and holds a valid therapeutic pharmaceutical 36,976
agents certificate issued under Chapter 4725. of the Revised 36,977
Code. 36,978
(3) "Physician" means a person holding a valid certificate 36,980
issued under Chapter 4731. of the Revised Code authorizing the 36,981
person to practice medicine and surgery, osteopathic medicine and 36,983
surgery, or podiatry. 36,984
(4) "Veterinarian" means a person licensed under Chapter 36,986
835
4741. of the Revised Code to practice veterinary medicine. 36,987
(5) "ADVANCED PRACTICE NURSE" MEANS AN INDIVIDUAL APPROVED 36,989
UNDER SECTION 4723.56 OF THE REVISED CODE TO PRESCRIBE DRUGS AND 36,990
THERAPEUTIC DEVICES.
(B) No license shall be issued to an applicant for 36,992
licensure as a terminal distributor of dangerous drugs unless the 36,993
applicant has furnished satisfactory proof to the board of 36,994
pharmacy that: 36,995
(1) The applicant is equipped as to land, buildings, and 36,997
equipment to properly carry on the business of a terminal 36,998
distributor of dangerous drugs within the category of licensure 36,999
approved by the board. 37,000
(2) A pharmacist, dentist, optometrist, physician, 37,002
veterinarian, ADVANCED PRACTICE NURSE, animal shelter licensed 37,003
with the state board of pharmacy under section 4729.531 of the 37,005
Revised Code, or a laboratory as defined in division (N) of 37,006
section 3719.01 of the Revised Code, shall maintain supervision 37,007
and control over the possession and custody of such dangerous 37,008
drugs that may be acquired by or on behalf of the applicant. 37,009
(3) Adequate safeguards are assured to prevent the sale or 37,011
other distribution of dangerous drugs by any person other than a 37,012
pharmacist, dentist, optometrist, physician, or veterinarian, OR 37,014
ADVANCED PRACTICE NURSE.
(4) If the applicant, or any agent or employee of the 37,016
applicant, has been found guilty of violating section 4729.51 of 37,017
the Revised Code, the "Federal Food, Drug and Cosmetic Act," 52 37,018
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotic law, 37,019
sections 3715.01 to 3715.72, Chapter 2925., 3719., or 4729. of 37,020
the Revised Code, or any rule of the board, adequate safeguards 37,021
are assured to prevent the recurrence of such THE violation. 37,022
(5) In the case of an applicant who is a food processor or 37,024
retail seller of food, the applicant shall maintain supervision 37,025
and control over the possession and custody of nitrous oxide. 37,026
(6) In the case of an applicant who is a retail seller of 37,028
836
oxygen in original packages labeled as required by the "Federal 37,029
Food, Drug, and Cosmetic Act," the applicant shall maintain 37,030
supervision and control over the possession, custody, and retail 37,031
sale of the oxygen. 37,032
(7) If the application is made on behalf of an animal 37,034
shelter, that at least one of the agents or employees of the 37,035
animal shelter is certified in compliance with section 4729.532 37,036
of the Revised Code. 37,037
(8) In the case of an applicant who is a retail seller of 37,039
peritoneal dialysis solutions in original packages labeled as 37,040
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 37,042
1040 (1938), 21 U.S.C.A. 301, the applicant shall maintain 37,043
supervision and control over the possession, custody, and retail 37,044
sale of the peritoneal dialysis solutions.
Sec. 4729.65. (A) Except as provided in division (B) of 37,053
this section, all receipts of the state board of pharmacy, from 37,054
any source, shall be deposited into the state treasury to the 37,055
credit of the occupational licensing and regulatory fund. All 37,056
vouchers of the board shall be signed APPROVED by the president 37,058
or executive director of the board, or both, as authorized by the 37,060
board. All initial issuance fees and renewal fees required by 37,061
sections 4729.01 to 4729.54 of the Revised Code shall be payable 37,062
by the applicant at the time of making application. 37,063
(B)(1) There is hereby created in the state treasury the 37,066
board of pharmacy drug law enforcement fund. All moneys that are 37,067
derived from any mandatory fines or forfeited bail to which the 37,068
board may be entitled under Chapter 2925. or division (B)(5) of 37,069
section 2925.42 of the Revised Code and all moneys that are
derived from forfeitures of property to which the board may be 37,070
entitled pursuant to Chapter 2925. of the Revised Code, section 37,071
2923.32, 2923.35, or 2933.43 of the Revised Code, any other 37,072
section of the Revised Code, or federal law shall be deposited 37,073
into the fund. Subject to division (B)(1)(b)(2) of this section, 37,075
division (D)(2)(c) of section 2923.35, and divisions (D)(1)(c) 37,076
837
and (3) of section 2933.43 of the Revised Code, the moneys in the 37,077
fund shall be used solely to subsidize the drug law enforcement 37,078
efforts of the board. 37,079
(2) Notwithstanding any contrary provision in the Revised 37,081
Code, moneys that are derived from forfeitures of property 37,082
pursuant to federal law and that are deposited into the board of 37,083
pharmacy drug law enforcement fund in accordance with division 37,084
(B)(1)(a) of this section shall be used and accounted for in 37,085
accordance with the applicable federal law, and the board 37,086
otherwise shall comply with that law in connection with the 37,087
moneys. 37,088
(C) All fines and forfeited bonds assessed and collected 37,090
under prosecution or prosecution commenced in the enforcement of 37,091
this chapter shall be paid to the executive director of the board 37,092
within thirty days and by him THE EXECUTIVE DIRECTOR paid into 37,093
the state treasury to the credit of the occupational licensing 37,094
and regulatory fund. The board, subject to the approval of the 37,095
controlling board and except for fees required to be established 37,097
by the board at amounts "adequate" to cover designated expenses, 37,098
may establish fees in excess of the amounts provided by this 37,099
chapter, provided that such fees do not exceed the amounts 37,100
permitted by this chapter by more than fifty per cent. 37,101
Sec. 4731.09. The state medical board shall appoint an 37,110
entrance examiner who shall not be directly or indirectly 37,111
connected with a medical school and who shall determine the 37,112
sufficiency of the preliminary education, other than medical 37,113
education, of an applicant for admission to the examination
conducted by the board under section 4731.13 of the Revised Code. 37,114
The minimum requirement shall be two years of undergraduate work 37,115
in a college of arts and sciences approved by the board in 37,116
addition to a high school diploma, or the equivalent of such 37,117
education as determined by the board. In the absence of the 37,118
foregoing qualifications, the entrance examiner may examine the 37,119
applicant to overcome deficiencies. When the entrance examiner 37,120
838
finds the preliminary education of the applicant sufficient, he 37,121
THE ENTRANCE EXAMINER shall issue a certificate of preliminary 37,122
examination upon the payment to the treasurer of the board of a 37,123
fee of twenty-five THIRTY-FIVE dollars. Such certificate shall 37,124
be attested by the secretary.
Sec. 4731.10. Upon the request of a person licensed to 37,133
practice in this state pursuant to Chapter 4731. of the Revised 37,134
Code, the state medical board shall certify an application for 37,135
licensure in another state. The fee for such certification shall 37,136
be thirty-five FIFTY dollars.
Sec. 4731.14. (A) As used in this section, "graduate 37,145
medical education" has the same meaning as in section 4731.091 of 37,146
the Revised Code. 37,147
(B) The state medical board shall issue its certificate to 37,149
practice medicine and surgery or osteopathic medicine and surgery 37,150
as follows: 37,151
(1) The board shall issue its certificate to each 37,153
individual who was admitted to the board's examination by meeting 37,154
the educational requirements specified in division (B)(1) or (3) 37,155
of section 4731.091 of the Revised Code if he THE INDIVIDUAL 37,156
passes the examination and pays a certificate issuance fee of one 37,157
THREE hundred dollars. 37,159
(2) Except as provided in section 4731.142 of the Revised 37,161
Code, the board shall issue its certificate to each applicant 37,162
INDIVIDUAL who was admitted to the board's examination by meeting 37,163
the educational requirements specified in division (B)(2) of 37,164
section 4731.091 of the Revised Code if he THE INDIVIDUAL passes 37,165
the examination, pays a certificate issuance fee of one THREE 37,166
hundred dollars, submits evidence satisfactory to the board that 37,168
he THE INDIVIDUAL has successfully completed not less than 37,169
twenty-four months of graduate medical education through the 37,171
second-year level of graduate medical education or its equivalent 37,172
as determined by the board, and, if the individual passed the 37,173
examination prior to completing twenty-four months of graduate 37,174
839
medical education or its equivalent, he THE INDIVIDUAL continues 37,175
to meet the moral character requirements for admission to the
board's examination. 37,176
(C) Each certificate issued by the board shall be signed 37,178
by its president and secretary, and attested by its seal. The 37,179
certificate shall be on a form prescribed by the board and shall 37,180
indicate the medical degree held by the person INDIVIDUAL to whom 37,182
the certificate is issued. If the person INDIVIDUAL holds the 37,183
degree of doctor of medicine, the certificate shall state that he
THE INDIVIDUAL is authorized to practice medicine and surgery 37,184
pursuant to the laws of this state. If the person INDIVIDUAL 37,185
holds the degree of doctor of osteopathic medicine, the 37,186
certificate shall state that he THE INDIVIDUAL is authorized to 37,187
practice osteopathic medicine and surgery pursuant to the laws of 37,188
this state. If the person INDIVIDUAL holds a medical degree 37,189
other than the degree of doctor of medicine or doctor of 37,190
osteopathic medicine, the certificate shall indicate the diploma, 37,191
degree, or other document issued by the medical school or 37,192
institution the person INDIVIDUAL attended and shall state that 37,193
he THE INDIVIDUAL is authorized to practice medicine and surgery 37,195
pursuant to the laws of this state.
(D) The certificate shall be prominently displayed in the 37,197
certificate holder's office or place where a major portion of his 37,198
THE CERTIFICATE HOLDER'S practice is conducted and shall entitle 37,199
the holder to practice either medicine and surgery or osteopathic 37,200
medicine and surgery provided he THE CERTIFICATE HOLDER maintains 37,202
current registration as required by section 4731.281 of the 37,204
Revised Code and provided further that such certificate has not 37,205
been revoked, suspended, or limited by action of the state 37,206
medical board pursuant to this chapter.
(E) An affirmative vote of not less than six members of 37,208
the board is required for the issuance of a certificate. 37,209
Sec. 4731.15. (A)(1) The state medical board also shall 37,218
examine and register persons desiring to practice a limited 37,219
840
branch of medicine or surgery, and shall establish rules 37,220
governing such limited practice. Such limited branches of 37,221
medicine or surgery are massage and cosmetic therapy. 37,222
(2) As used in this chapter: 37,224
(a) "Approved electric modalities" means electric 37,226
modalities approved by the state medical board for use in 37,227
cosmetic therapy. 37,228
(b) "Cosmetic therapy" means the systematic friction, 37,230
stroking, slapping, and kneading or tapping to the face, neck, 37,231
scalp, or shoulders through the use of approved electric 37,232
modalities, and additionally may include the permanent removal of 37,233
hair from the human body through the use of approved electric 37,234
modalities. 37,235
(c) "Cosmetic therapist" means a person who holds a 37,237
certificate to practice cosmetic therapy issued by the state 37,238
medical board under this chapter and who is registered with the 37,239
board under this chapter. 37,240
(B) All persons who hold a certificate to practice a 37,242
limited branch of medicine or surgery issued by the state medical 37,243
board, whether residents of this state or not, shall on or before 37,244
the first day of June, 1983, and on or before the first day of 37,245
June every second year thereafter, register with the state 37,246
medical board on a form prescribed by the board and shall pay at 37,247
such time a biennial registration fee of thirty-five FIFTY 37,248
dollars. At least one month in advance of the date of 37,250
registration, a written notice that the biennial registration fee 37,251
is due on or before the first day of June shall be sent to each 37,252
holder of a certificate to practice a limited branch of medicine 37,253
or surgery, at the person's last known address. All persons who 37,254
hold a certificate to practice a limited branch of medicine or 37,255
surgery issued by the state medical board shall provide the board 37,256
written notice of any change of address. A certificate to 37,257
practice a limited branch of medicine or surgery shall be 37,258
automatically suspended if the fee is not paid by the first day 37,259
841
of September of the year it is due, and continued practice after 37,260
the suspension of the certificate to practice shall be considered 37,261
as practicing without a license in violation of sections 4731.34 37,262
and 4731.41 of the Revised Code. An applicant for reinstatement 37,263
of a certificate to practice suspended for failure to register 37,264
shall submit his THE APPLICANT'S current and delinquent 37,266
registration fees and a penalty of twenty-five dollars. 37,267
Sec. 4731.17. For the purpose of conducting examinations 37,276
provided for in sections 4731.15 and 4731.16 of the Revised Code, 37,277
the state medical board shall call to its aid any person of 37,278
established reputation and known ability in the particular 37,279
limited branch in which the examination is being held. Any 37,280
person called by the board to its aid, as provided in this 37,281
section, shall be reimbursed for his THE PERSON'S services not 37,282
more than one hundred dollars per day and his THE PERSON'S actual 37,284
and necessary expenses to be fixed and allowed by the board. 37,285
If the applicant passes such examination and has paid the 37,287
fee of one TWO hundred FIFTY dollars, the board shall issue its 37,289
certificate to that effect. Such certificate shall authorize the 37,290
holder thereof to practice such limited branch of medicine or 37,291
surgery as may be specified therein, but shall not permit him THE 37,292
HOLDER to practice any other branch of medicine or surgery, nor 37,293
shall it permit him THE HOLDER to treat infectious, contagious, 37,294
or venereal diseases, or to prescribe or administer drugs, or to 37,296
perform surgery.
Sec. 4731.22. (A) The state medical board, pursuant to an 37,305
adjudication under Chapter 119. of the Revised Code and by a vote 37,307
of not fewer than six of its members, may revoke or may refuse to 37,308
grant a certificate to a person found by the board to have 37,309
committed fraud in passing the examination or to have committed 37,310
fraud, misrepresentation, or deception in applying for or 37,311
securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under Chapter 37,314
119. of the Revised Code and by a vote of not fewer than six 37,315
842
members, shall, to the extent permitted by law, limit, revoke, or 37,316
suspend a certificate, refuse to register or refuse to reinstate 37,317
an applicant, or reprimand or place on probation the holder of a 37,318
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of 37,320
registration to be used by a person, group, or corporation when 37,321
the individual concerned is not actually directing the treatment 37,322
given; 37,323
(2) Failure to use reasonable care discrimination in the 37,325
administration of drugs, or failure to employ acceptable 37,326
scientific methods in the selection of drugs or other modalities 37,327
for treatment of disease; 37,328
(3) Selling, prescribing, giving away, or administering 37,330
drugs for other than legal and legitimate therapeutic purposes or 37,331
a plea of guilty to, or a judicial finding of guilt of, a 37,332
violation of any federal or state law regulating the possession, 37,333
distribution, or use of any drug; 37,334
(4) Willfully betraying a professional confidence or 37,336
engaging in the division of fees for referral of patients, or the 37,337
receiving of a thing of value in return for a specific referral 37,338
of a patient to utilize a particular service or business. For 37,339
purposes of this division, "willfully betraying a professional 37,340
confidence" does not include the making of a report of an 37,341
employee's use of a drug of abuse, or a report of a condition of 37,342
an employee other than one involving the use of a drug of abuse, 37,343
to the employer of the employee as described in division (B) of 37,344
section 2305.33 of the Revised Code, and nothing in this division 37,345
affects, or shall be construed as affecting, the immunity from 37,346
civil liability conferred by that section upon a physician who 37,347
makes either type of report in accordance with division (B) of 37,348
that section. As used in this division, "employee," "employer," 37,349
and "physician" have the same meanings as in section 2305.33 of 37,350
the Revised Code. 37,351
(5) Soliciting patients or publishing a false, fraudulent, 37,353
843
deceptive, or misleading statement. 37,354
As used in this division, "false, fraudulent, deceptive, or 37,356
misleading statement" means a statement that includes a 37,357
misrepresentation of fact, is likely to mislead or deceive 37,358
because of a failure to disclose material facts, is intended or 37,359
is likely to create false or unjustified expectations of 37,360
favorable results, or includes representations or implications 37,361
that in reasonable probability will cause an ordinarily prudent 37,362
person to misunderstand or be deceived. 37,363
(6) A departure from, or the failure to conform to, 37,365
minimal standards of care of similar practitioners under the same 37,366
or similar circumstances, whether or not actual injury to a 37,367
patient is established; 37,368
(7) Representing, with the purpose of obtaining 37,370
compensation or other advantage for self or for any other person, 37,372
that an incurable disease or injury, or other incurable
condition, can be permanently cured; 37,373
(8) The obtaining of, or attempting to obtain, money or 37,375
anything of value by fraudulent misrepresentations in the course 37,376
of practice; 37,377
(9) A plea of guilty to, or a judicial finding of guilt 37,379
of, a felony; 37,380
(10) Commission of an act that constitutes a felony in 37,382
this state regardless of the jurisdiction in which the act was 37,383
committed; 37,384
(11) A plea of guilty to, or a judicial finding of guilt 37,386
of, a misdemeanor committed in the course of practice; 37,387
(12) Commission of an act that constitutes a misdemeanor 37,389
in this state regardless of the jurisdiction in which the act was 37,390
committed, if the act was committed in the course of practice; 37,391
(13) A plea of guilty to, or a judicial finding of guilt 37,393
of, a misdemeanor involving moral turpitude; 37,394
(14) Commission of an act that constitutes a misdemeanor 37,396
in this state regardless of the jurisdiction in which the act was 37,397
844
committed, if the act involves moral turpitude; 37,398
(15) Violation of the conditions of limitation placed by 37,400
the board upon a certificate to practice or violation of the 37,401
conditions of limitation upon which a limited or temporary 37,402
registration or certificate to practice is issued; 37,403
(16) Failure to pay license renewal fees specified in this 37,405
chapter; 37,406
(17) Any division of fees or charges, or any agreement or 37,408
arrangement to share fees or charges, made by any person licensed 37,409
to practice medicine and surgery, osteopathic medicine and 37,410
surgery, or podiatry with any other person so licensed, or with 37,413
any person;
(18)(a) The violation of any provision of a code of ethics 37,415
of the American medical association, the American osteopathic 37,416
association, the American podiatric medical association, and any 37,417
other national professional organizations as are determined, by 37,418
rule, by the state medical board. The state medical board shall 37,419
obtain and keep on file current copies of the codes of ethics of 37,420
the various national professional organizations. The 37,421
practitioner whose certificate is being suspended or revoked 37,422
shall not be found to have violated any provision of a code of 37,423
ethics of an organization not appropriate to the practitioner's 37,424
profession. 37,425
(b) For purposes of this division, a "provision of a code 37,427
of ethics of a national professional organization" does not 37,428
include any provision of a code of ethics of a specified national 37,429
professional organization that would preclude the making of a 37,430
report by a physician of an employee's use of a drug of abuse, or 37,431
of a condition of an employee other than one involving the use of 37,432
a drug of abuse, to the employer of the employee as described in 37,433
division (B) of section 2305.33 of the Revised Code, and nothing 37,434
in this division affects, or shall be construed as affecting, the 37,435
immunity from civil liability conferred by that section upon a 37,436
physician who makes either type of report in accordance with 37,437
845
division (B) of that section. As used in this division, 37,438
"employee," "employer," and "physician" have the same meanings as 37,439
in section 2305.33 of the Revised Code. 37,440
(19) Inability to practice according to acceptable and 37,442
prevailing standards of care by reason of mental illness or 37,443
physical illness, including, but not limited to, physical 37,444
deterioration that adversely affects cognitive, motor, or 37,445
perceptive skills. In enforcing this division, the board, upon a 37,446
showing of a possible violation, may compel any individual 37,447
licensed or certified to practice by this chapter or who has 37,448
applied for licensure or certification pursuant to this chapter 37,449
to submit to a mental or physical examination, or both, as 37,450
required by and at the expense of the board. Failure of any 37,451
individual to submit to a mental or physical examination when 37,452
directed constitutes an admission of the allegations against the 37,453
individual unless the failure is due to circumstances beyond the 37,454
individual's control, and a default and final order may be 37,455
entered without the taking of testimony or presentation of 37,456
evidence. If the board finds a physician unable to practice 37,457
because of the reasons set forth in this division, the board 37,458
shall require the physician to submit to care, counseling, or 37,459
treatment by physicians approved or designated by the board, as a 37,460
condition for initial, continued, reinstated, or renewed 37,461
licensure to practice. An individual licensed by this chapter 37,462
affected under this division shall be afforded an opportunity to 37,463
demonstrate to the board that the individual can resume practice 37,464
in compliance with acceptable and prevailing standards under the 37,465
provisions of the individual's certificate. For the purpose of 37,467
this division, any individual licensed or certified to practice 37,468
by this chapter accepts the privilege of practicing in this 37,469
state, and by so doing or by the making and filing of a
registration or application to practice in this state, shall be 37,470
deemed to have given consent to submit to a mental or physical 37,472
examination when directed to do so in writing by the board, and 37,473
846
to have waived all objections to the admissibility of testimony 37,474
or examination reports that constitute a privileged
communication. 37,475
(20) Except as provided in division (B)(27) of this 37,477
section and section 4731.225 of the Revised Code, violating or 37,478
attempting to violate, directly or indirectly, or assisting in or 37,479
abetting the violation of, or conspiring to violate, any 37,480
provisions of this chapter or any rule promulgated by the board. 37,481
This division does not apply to a violation or attempted 37,482
violation of, assisting in or abetting the violation of, or a 37,483
conspiracy to violate, any provision of this chapter or any rule 37,484
promulgated by the board that would preclude the making of a 37,485
report by a physician of an employee's use of a drug of abuse, or 37,486
of a condition of an employee other than one involving the use of 37,487
a drug of abuse, to the employer of the employee as described in 37,488
division (B) of section 2305.33 of the Revised Code, and nothing 37,489
in this division affects, or shall be construed as affecting, the 37,490
immunity from civil liability conferred by that section upon a 37,491
physician who makes either type of report in accordance with 37,492
division (B) of that section. As used in this division, 37,493
"employee," "employer," and "physician" have the same meanings as 37,494
in section 2305.33 of the Revised Code. 37,495
(21) The violation of any abortion rule adopted by the 37,497
public health council pursuant to section 3701.341 of the Revised 37,498
Code; 37,499
(22) The limitation, revocation, or suspension by another 37,501
state of a license or certificate to practice issued by the 37,502
proper licensing authority of that state, the refusal to license, 37,503
register, or reinstate an applicant by that authority, the 37,504
imposition of probation by that authority, or the issuance of an 37,506
order of censure or other reprimand by that authority for any 37,507
reason, other than nonpayment of fees; 37,508
(23) The violation of section 2919.12 of the Revised Code 37,510
or the performance or inducement of an abortion upon a pregnant 37,511
847
woman with actual knowledge that the conditions specified in 37,512
division (B) of section 2317.56 of the Revised Code have not been 37,513
satisfied or with a heedless indifference as to whether those 37,514
conditions have been satisfied, unless an affirmative defense as 37,515
specified in division (H)(2) of that section would apply in a 37,516
civil action authorized by division (H)(1) of that section; 37,517
(24) The revocation, suspension, restriction, reduction, 37,519
or termination of clinical privileges by the department of 37,520
defense, or the veterans administration of the United States, for 37,521
any act or acts that would also WOULD constitute a violation of 37,522
this chapter; 37,523
(25) Termination or suspension from medicare or medicaid 37,525
programs by the department of health and human services or other 37,526
responsible agency for any act or acts that would also WOULD 37,527
constitute a violation of division (B)(2), (3), (6), (8), or (19) 37,528
of this section; 37,529
(26) Impairment of ability to practice according to 37,531
acceptable and prevailing standards of care because of habitual 37,532
or excessive use or abuse of drugs, alcohol, or other substances 37,533
that impair ability to practice. 37,534
For the purposes of this division, any individual licensed 37,536
or certified under this chapter accepts the privilege of 37,537
practicing in this state subject to supervision by the board. By 37,538
filing a registration or application for licensure or by holding 37,539
a license or certificate under this chapter, an individual shall 37,540
be deemed to have given consent to submit to a mental or physical 37,542
examination when ordered to do so by the board in writing, and to 37,543
have waived all objections to the admissibility of testimony or 37,544
examination reports that constitute privileged communications. 37,545
If it has reason to believe that any individual licensed or 37,547
certified under this chapter or any applicant for a license or 37,548
certification suffers such impairment, the board may compel the 37,549
individual to submit to a mental or physical examination, or 37,550
both. The examination shall be at the expense of the board. Any 37,551
848
mental or physical examination required under this division shall 37,552
be undertaken by a treatment provider or physician WHO IS 37,553
qualified to conduct such THE examination and WHO IS chosen by 37,554
the board. 37,555
Failure of the individual to submit to a mental or physical 37,557
examination ordered by the board constitutes an admission of the 37,558
allegations against the individual unless the failure is due to 37,559
circumstances beyond the individual's control, and a default and 37,560
final order may be entered without the taking of testimony or 37,561
presentation of evidence. If the board determines that the 37,562
individual's ability to practice is impaired, the board shall 37,563
suspend the individual's certificate or deny the individual's 37,565
application and shall require the individual, as a condition for 37,566
initial, continued, reinstated, or renewed licensure to practice, 37,567
to submit to treatment. 37,568
Before being eligible to apply for reinstatement of a 37,570
license suspended under this division, the practitioner shall 37,571
demonstrate to the board that the practitioner can resume 37,572
practice in compliance with acceptable and prevailing standards 37,573
of care under the provisions of the practitioner's certificate. 37,574
Such demonstration shall include, but shall not be limited to, 37,575
the following:
(a) Certification from a treatment provider approved under 37,577
section 4731.25 of the Revised Code that the practitioner has 37,578
successfully completed any required inpatient treatment; 37,579
(b) Evidence of continuing full compliance with an 37,581
aftercare contract or consent agreement; 37,582
(c) Two written reports indicating that the individual's 37,584
ability to practice has been assessed and that the individual has 37,585
been found capable of practicing according to acceptable and 37,586
prevailing standards of care. The reports shall be made by 37,587
individuals or providers approved by the board for making such 37,588
assessments and shall describe the basis for this determination. 37,589
The board may reinstate a license suspended under this 37,591
849
division after such demonstration and after the individual has 37,592
entered into a written consent agreement. 37,593
When the impaired practitioner resumes practice after 37,595
reinstatement of the practitioner's license, the board shall 37,596
require continued monitoring of the practitioner, which shall 37,598
include, but not be limited to, compliance with the written 37,599
consent agreement entered into before reinstatement or with 37,600
conditions imposed by board order after a hearing, and, upon 37,601
termination of the consent agreement, submission to the board for 37,602
at least two years of annual written progress reports made under 37,603
penalty of perjury stating whether the practitioner has 37,604
maintained sobriety. 37,605
(27) A second or subsequent violation of section 4731.66 37,607
or 4731.69 of the Revised Code; 37,608
(28) Except as provided in division (J) of this section: 37,610
(a) Waiving the payment of all or any part of a deductible 37,613
or copayment that a patient, pursuant to a health insurance or 37,614
health care policy, contract, or plan that covers the 37,615
practitioner's services, would otherwise WOULD be required to pay 37,616
if the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider; 37,617
(b) Advertising that the practitioner will waive the 37,619
payment of all or any part of a deductible or copayment that a 37,621
patient, pursuant to a health insurance or health care policy, 37,622
contract, or plan that covers the practitioner's services, would 37,623
otherwise WOULD be required to pay; 37,624
(29) Failure to use universal blood and body fluid 37,626
precautions established by rules adopted under section 4731.051 37,627
of the Revised Code; 37,628
(30) Failure of a collaborating physician to perform the 37,631
responsibilities agreed to by the physician in the protocol 37,632
established between the physician and an advanced practice nurse 37,633
in accordance with section 4723.56 of the Revised Code; 37,634
(31) Failure to provide notice to, and receive 37,636
850
acknowledgment of the notice from, a patient when required by 37,638
section 4731.143 of the Revised Code prior to providing 37,639
nonemergency professional services, or failure to maintain that 37,640
notice in the patient's file;
(32) Failure of a physician supervising a physician 37,642
assistant to maintain supervision in accordance with the 37,643
requirements of Chapter 4730. of the Revised Code and the rules 37,644
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 37,646
standard care arrangement with a clinical nurse specialist, 37,647
certified nurse-midwife, or certified nurse practitioner with 37,648
whom the physician or podiatrist is in collaboration pursuant to 37,649
section 4731.27 of the Revised Code and practice in accordance 37,650
with the arrangement. 37,651
For purposes of divisions (B)(10), (12), and (14) of this 37,653
section, the commission of the act may be established by a 37,654
finding by the board, pursuant to an adjudication under Chapter 37,656
119. of the Revised Code, that the applicant or certificate 37,657
holder committed the act in question. The board shall have no 37,658
jurisdiction under these divisions in cases where the trial court 37,659
renders a final judgment in the certificate holder's favor and 37,660
that judgment is based upon an adjudication on the merits. The 37,661
board shall have jurisdiction under these divisions in cases 37,662
where the trial court issues an order of dismissal upon technical 37,663
or procedural grounds.
The sealing of conviction records shall have no effect upon 37,665
a prior board order entered under the provisions of this section 37,666
or upon the board's jurisdiction to take action under the 37,667
provisions of this section if a notice of opportunity for hearing 37,668
has been issued based upon conviction, a plea of guilty, or a 37,669
judicial finding of guilt prior to such THE court order. 37,670
(C)(1) The board shall investigate evidence that appears 37,672
to show that any person has violated any provision of this 37,673
chapter or any rule adopted under it. Any person may report to 37,674
851
the board in a signed writing any information that the person may 37,676
have that appears to show a violation of any provision of this 37,677
chapter or any rule adopted under it. In the absence of bad 37,678
faith, any person who reports such information or who testifies 37,679
before the board in any adjudication hearing conducted under 37,680
Chapter 119. of the Revised Code shall not be liable for civil IN 37,682
damages IN A CIVIL ACTION as a result of the report or testimony. 37,683
Each complaint or allegation of a violation received by the 37,685
board shall be assigned a case number and shall be recorded by 37,686
the board. Information received by the board pursuant to an 37,687
investigation shall be confidential and not subject to discovery 37,688
in any civil action. 37,689
Investigations of alleged violations of this chapter or any 37,691
rule adopted under it shall be supervised by the supervising 37,693
member elected by the board in accordance with section 4731.02 of 37,694
the Revised Code and by the secretary as provided in section 37,695
4731.39 of the Revised Code. The president may designate another 37,696
member of the board to supervise the investigation in place of 37,697
the supervising member. No member of the board who supervises 37,698
the investigation of a case shall participate in further 37,699
adjudication of the case.
For the purpose of investigation of a possible violation of 37,701
division (B)(3), (8), (9), (11), or (15) of this section, the 37,702
board may administer oaths, order the taking of depositions, 37,703
issue subpoenas, and compel the attendance of witnesses and 37,704
production of books, accounts, papers, records, documents, and 37,705
testimony. 37,706
In investigating possible violations of all remaining 37,708
divisions of this section and sections of this chapter or any 37,709
rule adopted under this chapter, the board also may administer 37,711
oaths, order the taking of depositions, issue subpoenas, and 37,712
compel the attendance of witnesses and production of books, 37,713
accounts, papers, records, documents, and testimony. However, in 37,714
such instances, other than for patient records provided to the 37,715
852
board pursuant to the reporting provisions of division (A) of 37,716
section 4731.224 of the Revised Code, a subpoena for patient 37,717
record information shall not be issued without consultation with 37,718
the attorney general's office and approval of the secretary of 37,719
the board, the supervising member, and a member of the board who 37,720
holds a certificate issued under this chapter authorizing the 37,721
practice of medicine and surgery, osteopathic medicine and 37,723
surgery, or podiatry. Before issuance of such A subpoena OF THAT 37,724
NATURE, the three board members shall determine whether there is 37,725
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it, and that 37,726
the records sought are relevant to the alleged violation and 37,728
material to the investigation. Such records must cover a 37,729
reasonable period of time surrounding the alleged violation. 37,730
Upon failure to comply with any subpoena issued by the board and 37,731
after reasonable notice to the person being subpoenaed, the board 37,732
may move for an order compelling the production of persons or 37,733
records pursuant to the Rules of Civil Procedure. Each officer 37,734
who serves such A subpoena OF THAT NATURE shall receive the same 37,735
fees as a sheriff, and each witness who appears, in obedience to 37,737
a subpoena, before the board, shall receive the fees and mileage 37,738
provided for witnesses in civil cases in the courts of common 37,739
pleas.
All hearings and investigations of the board shall be 37,741
considered civil actions for the purposes of section 2305.251 of 37,742
the Revised Code. 37,743
The board shall conduct all investigations and proceedings 37,745
in such a manner as to protect patient confidentiality. The 37,746
board shall not make public names or other identifying 37,747
information about patients unless proper consent is given or a 37,748
waiver of the patient privilege exists under division (B) of 37,749
section 2317.02 of the Revised Code, except that no such consent 37,750
or waiver is required if the board possesses reliable and 37,751
substantial evidence that no bona fide physician-patient 37,752
853
relationship exists. 37,753
(2) In the absence of fraud or bad faith, neither the 37,755
board, nor any current or former member, agent, representative, 37,756
or employee of the board, NOR ANY PROVIDER OF EDUCATIONAL AND 37,757
ASSESSMENT SERVICES SELECTED BY THE BOARD FOR THE QUALITY 37,758
INTERVENTION PROGRAM shall be held liable in damages to any 37,759
person as the result of any act, omission, proceeding, conduct, 37,760
or decision related to official duties undertaken or performed 37,762
pursuant to this chapter. If a current or former member, agent,
representative, or employee OF THE BOARD OR A PROVIDER OF 37,763
EDUCATIONAL AND ASSESSMENT SERVICES SELECTED BY THE BOARD FOR THE 37,764
QUALITY INTERVENTION PROGRAM requests the state to defend against 37,765
any claim or action arising out of any act, omission, proceeding, 37,766
conduct, or decision related to the person's official duties, and 37,767
if the request is made in writing at a reasonable time before 37,768
trial, and IF the person requesting defense cooperates in good 37,769
faith in the defense of the claim or action, the state shall 37,770
provide and pay for such THE defense and shall pay any resulting 37,771
judgment, compromise, or settlement. At no time shall the state 37,772
pay that part of a claim or judgment that is for punitive or 37,773
exemplary damages.
(3) On a quarterly basis, the board shall prepare a report 37,775
that documents the disposition of all cases during the preceding 37,776
three months. The report shall contain the following information 37,777
for each case with which the board has completed its activities: 37,778
(a) The case number assigned to the complaint or alleged 37,780
violation pursuant to division (C)(1) of this section; 37,781
(b) The type of license or certificate to practice, if 37,783
any, held by the individual against whom the complaint is 37,784
directed; 37,785
(c) A description of the allegations contained in the 37,787
complaint; 37,788
(d) The disposition of the case. 37,790
The report shall state how many cases are still pending, 37,792
854
and shall be prepared in such a manner as to protect the identity 37,793
of each person involved in each case. The report shall be a 37,794
public record under section 149.43 of the Revised Code. 37,795
(D) If the secretary and supervising member determine that 37,797
there is clear and convincing evidence that a certificate holder 37,798
has violated division (B) of this section and that the 37,799
certificate holder's continued practice presents a danger of 37,800
immediate and serious harm to the public, they may recommend that 37,801
the board suspend the certificate holder's certificate without a 37,802
prior hearing. Written allegations shall be prepared for 37,803
consideration by the board members. 37,804
The board, upon review of those allegations and by a vote 37,806
of not fewer than six of its members, excluding the secretary and 37,807
supervising member, may suspend a certificate without a prior 37,808
hearing. A telephone conference call may be utilized for 37,809
reviewing the allegations and taking such a vote. 37,810
The board shall issue a written order of suspension by 37,812
certified mail or in person in accordance with section 119.07 of 37,813
the Revised Code. Such order shall not be subject to suspension 37,814
by the court during pendency of any appeal filed under section 37,815
119.12 of the Revised Code. If the certificate holder requests 37,816
an adjudicatory hearing by the board, the date set for such THAT 37,817
hearing shall be within fifteen days, but not earlier than seven 37,818
days, after the certificate holder has requested a hearing, 37,819
unless otherwise agreed to by both the board and the certificate 37,820
holder. 37,821
Any summary suspension imposed under this division shall 37,823
remain in effect, unless reversed on appeal, until a final 37,824
adjudicative order issued by the board pursuant to this section 37,825
and Chapter 119. of the Revised Code becomes effective. The 37,826
board shall issue its final adjudicative order within sixty days 37,827
after completion of its hearing. A failure to issue the order 37,828
within sixty days shall result in dissolution of the summary 37,829
suspension order, but shall not invalidate any subsequent, final 37,830
855
adjudicative order. 37,831
(E) If the board should take TAKES action under division 37,833
(B)(9), (11), or (13) of this section, and the conviction, 37,834
judicial finding of guilt, or guilty plea is overturned on 37,835
appeal, upon exhaustion of the criminal appeal, a petition for 37,836
reconsideration of the order may be filed with the board along 37,837
with appropriate court documents. Upon receipt of such A 37,838
petition OF THAT NATURE and supporting court documents, the board 37,839
shall reinstate the petitioner's certificate. The board may then 37,840
hold an adjudication to determine whether the applicant or 37,841
certificate holder committed the act in question. Notice of AN 37,842
opportunity for A hearing shall be given in accordance with 37,843
Chapter 119. of the Revised Code. If the board finds, pursuant 37,844
to an adjudication held under this division, that the applicant 37,845
or certificate holder committed the act, or if no hearing is 37,846
requested, it may order any of the sanctions identified under 37,847
division (B) of this section. The board shall have no 37,848
jurisdiction under division (B)(10), (12), or (14) of this 37,849
section in cases where the trial court renders a final judgment 37,850
in the certificate holder's favor and that judgment is based upon 37,851
an adjudication on the merits. The board shall have jurisdiction 37,852
under those divisions in cases where the trial court issues an 37,853
order of dismissal upon technical or procedural grounds. 37,854
(F) The certificate or license issued to an individual 37,857
under this chapter and the individual's practice in this state 37,859
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 37,861
subject to a judicial finding of eligibility for treatment in 37,862
lieu of conviction for either of the following: 37,863
(1) In this state, aggravated murder, murder, voluntary 37,865
manslaughter, felonious assault, kidnapping, rape, sexual 37,866
battery, gross sexual imposition, aggravated arson, aggravated 37,867
robbery, or aggravated burglary; 37,868
(2) In another jurisdiction, any criminal offense 37,870
856
substantially equivalent to those specified in division (F)(1) of 37,871
this section. 37,872
Continued practice after suspension of the individual's 37,874
certificate or license shall be considered practicing without a 37,876
certificate or license. The board shall notify the individual 37,877
subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an 37,878
individual whose certificate or license is suspended under this 37,879
division fails to make a timely request for an adjudicatory 37,880
hearing, the board shall enter a final order revoking the 37,881
certificate or license. 37,882
(G) In any instance in which IF the board is required by 37,884
Chapter 119. of the Revised Code to give notice of AN opportunity 37,886
for A hearing and IF the applicant or certificate holder does not 37,887
timely request a hearing in accordance with section 119.07 of the 37,888
Revised Code, the board is not required to hold a hearing, but 37,889
may adopt, by a vote of not fewer than six of its members, a 37,890
final order that contains the board's findings. In that final 37,891
order, the board may order any of the sanctions identified under 37,892
division (B) of this section. 37,893
(H) Any action taken by the board under division (B) of 37,895
this section resulting in a suspension from practice shall be 37,896
accompanied by a written statement of the conditions under which 37,897
the certificate holder may be reinstated to practice. The board 37,898
shall adopt rules governing conditions to be imposed for 37,899
reinstatement. Reinstatement of a certificate suspended pursuant 37,900
to division (B) of this section requires an affirmative vote of 37,901
not fewer than six members of the board. 37,902
(I) Notwithstanding any other provision of the Revised 37,904
Code, no surrender of a license or certificate issued under this 37,905
chapter shall be effective unless or until accepted by the board. 37,907
Reinstatement of a certificate surrendered to the board requires 37,908
an affirmative vote of not fewer than six members of the board. 37,909
Notwithstanding any other provision of the Revised Code, no 37,911
857
application for a license or certificate made under the 37,912
provisions of this chapter may be withdrawn without approval of 37,914
the board.
(J) Sanctions shall not be imposed under division (B)(28) 37,917
of this section against any person who waives deductibles and 37,918
copayments as follows:
(1) In compliance with the health benefit plan that 37,920
expressly allows such a practice. Waiver of the deductibles or 37,921
copayments shall be made only with the full knowledge and consent 37,922
of the plan purchaser, payer, and third-party administrator. 37,923
Documentation of the consent shall be made available to the board 37,924
upon request.
(2) For professional services rendered to any other person 37,926
authorized to practice pursuant to this chapter, to the extent 37,928
allowed by this chapter and rules adopted by the board. 37,929
(K) UNDER THE BOARD'S INVESTIGATIVE DUTIES DESCRIBED IN 37,931
THIS SECTION AND SUBJECT TO DIVISION (C) OF THIS SECTION, THE 37,932
BOARD SHALL DEVELOP AND IMPLEMENT A QUALITY INTERVENTION PROGRAM 37,933
DESIGNED TO IMPROVE PHYSICIANS' CLINICAL AND COMMUNICATION SKILLS 37,934
THROUGH REMEDIAL EDUCATION. IN DEVELOPING AND IMPLEMENTING THE 37,935
QUALITY INTERVENTION PROGRAM, THE BOARD MAY DO ALL OF THE 37,936
FOLLOWING:
(1) OFFER IN APPROPRIATE CASES AS DETERMINED BY THE BOARD 37,938
AN EDUCATIONAL AND ASSESSMENT PROGRAM TO PHYSICIANS PURSUANT TO 37,939
AN INVESTIGATION THE BOARD CONDUCTS UNDER THIS SECTION; 37,940
(2) SELECT PROVIDERS OF EDUCATIONAL AND ASSESSMENT 37,942
SERVICES FOR PHYSICIANS, INCLUDING A QUALITY INTERVENTION PROGRAM 37,943
PANEL OF CASE REVIEWERS;
(3) REFER PHYSICIANS TO EDUCATIONAL AND ASSESSMENT SERVICE 37,945
PROVIDERS AND APPROVE INDIVIDUAL EDUCATIONAL PROGRAMS RECOMMENDED 37,946
BY THOSE PROVIDERS. THE BOARD SHALL MONITOR THE PROGRESS OF EACH 37,947
PHYSICIAN UNDERTAKING AN EDUCATIONAL PROGRAM OF THAT NATURE. 37,948
(4) DETERMINE SUCCESSFUL COMPLETION OF AN EDUCATIONAL 37,950
PROGRAM UNDERTAKEN BY A REFERRED PHYSICIAN AND REQUIRE FURTHER 37,951
858
MONITORING OF A PHYSICIAN OR OTHER ACTION THAT THE BOARD 37,952
DETERMINES TO BE APPROPRIATE;
(5) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 37,954
REVISED CODE TO FURTHER IMPLEMENT THE QUALITY INTERVENTION 37,955
PROGRAM.
A PHYSICIAN WHO PARTICIPATES IN AN INDIVIDUAL EDUCATIONAL 37,957
PROGRAM PURSUANT TO THIS DIVISION SHALL PAY THE FINANCIAL 37,958
OBLIGATIONS ARISING FROM THAT EDUCATIONAL PROGRAM. 37,959
Sec. 4731.24. Except as provided in sections 4731.281 and 37,969
4731.40 of the Revised Code, all receipts of the state medical 37,970
board, from any source, shall be deposited in the state treasury. 37,971
UNTIL JULY 1, 1998, THE FUNDS SHALL BE DEPOSITED to the credit of 37,972
the occupational licensing and regulatory fund and. ON AND AFTER 37,973
JULY 1, 1998, THE FUNDS SHALL BE DEPOSITED TO THE CREDIT OF THE 37,974
STATE MEDICAL BOARD OPERATING FUND, WHICH IS HEREBY CREATED ON 37,975
JULY 1, 1998. ALL FUNDS DEPOSITED INTO THE STATE TREASURY UNDER 37,976
THIS SECTION shall be used solely for the administration and 37,978
enforcement of this chapter and Chapter 4730. of the Revised Code 37,979
by the board. 37,980
Sec. 4731.26. Upon application the state medical board 37,989
shall issue a duplicate certificate to replace one missing or 37,991
damaged, reflect a name change, or for any other reasonable 37,992
cause. The fee for such duplicate certificate shall be
twenty-five THIRTY-FIVE dollars. 37,993
Sec. 4731.281. (A) On or before July 1, 1992 THE DEADLINE 38,002
ESTABLISHED UNDER DIVISION (B) OF THIS SECTION FOR APPLYING FOR 38,004
RENEWAL OF A CERTIFICATE OF REGISTRATION, each person holding a 38,006
certificate under this chapter to practice medicine and surgery, 38,007
osteopathic medicine and surgery, or podiatry shall certify to 38,008
the state medical board that in the preceding eighteen months the 38,009
person has completed seventy-five hours of continuing medical 38,010
education. On or before the first day of July of every 38,011
even-numbered year thereafter, each such person shall certify to 38,012
the board that in the preceding two years the person has 38,013
859
completed one hundred hours of continuing medical education. The 38,015
certification shall be made upon the application for registration 38,016
furnished by the board pursuant to this section. For purposes of 38,017
meeting this requirement, all continuing medical education taken 38,018
by persons holding a certificate to practice medicine and surgery 38,019
shall be certified by the Ohio state medical association and 38,020
approved by the board; all continuing medical education taken by 38,021
persons holding a certificate to practice osteopathic medicine 38,022
and surgery shall be certified by the Ohio osteopathic 38,023
association and approved by the board; and all continuing medical 38,024
education taken by persons holding a certificate to practice 38,025
podiatry shall be certified by the Ohio podiatric medical 38,026
association and approved by the board. The board shall adopt 38,027
rules providing for pro rata reductions ADJUSTMENTS by month of 38,028
the hours of continuing education required by this section for 38,030
persons who are in their first registration period, WHO HAVE A 38,031
REGISTRATION PERIOD OF LESS THAN TWO YEARS DUE TO INITIAL 38,032
IMPLEMENTATION OF THE STAGGERED RENEWAL SCHEDULE ESTABLISHED 38,033
UNDER DIVISION (B) OF THIS SECTION, who have been disabled due to 38,034
illness or accident, or who have been absent from the country. 38,035
Each person holding a certificate to practice under this chapter 38,036
shall be given sufficient choice of continuing education programs 38,037
to ensure that the person has had a reasonable opportunity to 38,038
participate in continuing education programs that are relevant to 38,040
the person's medical practice in terms of subject matter and 38,042
level. The board may require a random sample of persons holding 38,043
a certificate to practice under this chapter to submit materials 38,044
documenting completion of the continuing medical education 38,045
requirement during the preceding registration period, but this 38,046
provision shall not limit the board's authority to investigate 38,047
pursuant to section 4731.22 of the Revised Code. 38,048
(B)(1) Every person holding a certificate under this 38,050
chapter to practice medicine and surgery, osteopathic medicine 38,051
and surgery, or podiatry WISHING TO RENEW THAT CERTIFICATE shall, 38,052
860
on or before July 1, 1992, and on or before the first day of July 38,054
of every even-numbered year thereafter, apply to the state 38,055
medical board for a certificate of registration with the board 38,056
upon an application, which shall be furnished by the board, and 38,057
shall pay at such time a fee of two hundred fifty SEVENTY-FIVE 38,058
dollars to the board, ACCORDING TO THE FOLLOWING SCHEDULE: 38,059
(a) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "A" 38,062
THROUGH "B," ON OR BEFORE APRIL 1, 2001, AND THE FIRST DAY OF 38,065
APRIL OF EVERY ODD-NUMBERED YEAR THEREAFTER; 38,066
(b) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "C" 38,069
THROUGH "D," ON OR BEFORE JANUARY 1, 2001, AND THE FIRST DAY OF 38,072
JANUARY OF EVERY ODD-NUMBERED YEAR THEREAFTER; 38,073
(c) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "E" 38,076
THROUGH "G," ON OR BEFORE OCTOBER 1, 2000, AND THE FIRST DAY OF 38,079
OCTOBER OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,080
(d) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "H" 38,083
THROUGH "K," ON OR BEFORE JULY 1, 2000, AND THE FIRST DAY OF JULY 38,086
OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,087
(e) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "L" 38,090
THROUGH "M," ON OR BEFORE APRIL 1, 2000, AND THE FIRST DAY OF 38,093
APRIL OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,094
(f) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "N" 38,097
THROUGH "R," ON OR BEFORE JANUARY 1, 2000, AND THE FIRST DAY OF 38,100
JANUARY OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,101
(g) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTER "S," ON 38,104
OR BEFORE OCTOBER 1, 1999, AND THE FIRST DAY OF OCTOBER OF EVERY 38,106
ODD-NUMBERED YEAR THEREAFTER; 38,107
(h) PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "T" 38,110
THROUGH "Z," ON OR BEFORE JULY 1, 1999, AND THE FIRST DAY OF JULY 38,111
OF EVERY ODD-NUMBERED YEAR THEREAFTER. The 38,112
THE board shall deposit the fee into the state treasury to 38,115
the credit of the occupational licensing and regulatory fund 38,116
created by IN ACCORDANCE WITH section 4743.05 4731.24 of the 38,118
Revised Code, except that, until January 14, 1998 JULY 30, 2001, 38,119
861
the board shall deposit twenty dollars of the fee into the state 38,121
treasury to the credit of the physician loan repayment fund 38,122
created by section 3702.78 of the Revised Code. 38,123
Except for the registration occurring in 1992, the THE 38,125
board shall assess a penalty of twenty-five dollars for late 38,126
applications. The board shall deposit penalties into the 38,127
occupational licensing and regulatory fund IN ACCORDANCE WITH 38,128
SECTION 4731.24 OF THE REVISED CODE. 38,129
The (2) THE board, on or before the first day of March of 38,132
each year of registration, shall mail or cause to be mailed to
every person registered to practice medicine and surgery, 38,134
osteopathic medicine and surgery, or podiatry, an application for 38,135
registration addressed to the last known post-office address of 38,136
such person or may cause such application to be sent to such 38,137
person through the secretary of any recognized medical, 38,138
osteopathic, or podiatric society, ACCORDING TO THE FOLLOWING 38,140
SCHEDULE:
(a) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "A" 38,143
THROUGH "B," ON OR BEFORE JANUARY 1, 2001, AND THE FIRST DAY OF 38,146
JANUARY OF EVERY ODD-NUMBERED YEAR THEREAFTER; 38,147
(b) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "C" 38,150
THROUGH "D," ON OR BEFORE OCTOBER 1, 2000, AND THE FIRST DAY OF 38,153
OCTOBER OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,154
(c) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "E" 38,157
THROUGH "G," ON OR BEFORE JULY 1, 2000, AND THE FIRST DAY OF JULY 38,160
OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,161
(d) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "H" 38,164
THROUGH "K," ON OR BEFORE APRIL 1, 2000, AND THE FIRST DAY OF 38,167
APRIL OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,168
(e) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "L" 38,171
THROUGH "M," ON OR BEFORE JANUARY 1, 2000, AND THE FIRST DAY OF 38,174
JANUARY OF EVERY EVEN-NUMBERED YEAR THEREAFTER; 38,175
(f) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "N" 38,178
THROUGH "R," ON OR BEFORE OCTOBER 1, 1999, AND THE FIRST DAY OF 38,181
862
OCTOBER OF EVERY ODD-NUMBERED YEAR THEREAFTER; 38,182
(g) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTER "S," 38,185
ON OR BEFORE JULY 1, 1999, AND THE FIRST DAY OF JULY OF EVERY 38,187
ODD-NUMBERED YEAR THEREAFTER; 38,188
(h) TO PERSONS WHOSE LAST NAME BEGINS WITH THE LETTERS "T" 38,191
THROUGH "Z," ON OR BEFORE APRIL 1, 1999, AND THE FIRST DAY OF 38,194
APRIL OF EVERY ODD-NUMBERED YEAR THEREAFTER. Failure 38,196
FAILURE of such ANY person to receive an application from 38,198
the board shall not excuse the person from the requirements 38,199
contained in this section. The application shall contain proper 38,201
spaces for the applicant's signature and the insertion of the 38,202
required information, including a statement that the person has 38,203
fulfilled the continuing education requirements imposed by this 38,205
section.
The applicant shall write or cause to be written upon the 38,207
application so furnished the applicant's full name, principal 38,209
practice address and residence address, the number of the 38,211
applicant's certificate to practice, and any other facts for the 38,213
identification of the applicant as a person holding a certificate 38,214
to practice under this chapter as the board considers necessary. 38,215
The applicant shall include with the application a list of the 38,216
names and addresses of any clinical nurse specialists, certified 38,217
nurse-midwives, or certified nurse practitioners with whom the 38,218
applicant is currently collaborating, as defined in section 38,219
4723.02 of the Revised Code. The applicant shall execute and 38,222
deliver the application to the board by mail or in person. Every 38,223
person registered under this section shall give written notice to 38,224
the board of any change of principal practice address or 38,225
residence address or in the list within thirty days of the 38,226
change.
The applicant shall report any criminal offense that 38,228
constitutes grounds for refusal of registration under section 38,229
4731.22 of the Revised Code of which the applicant has been found 38,231
guilty or to which the applicant has entered a plea of guilty or 38,232
863
no contest since the signing of the applicant's latest preceding 38,234
application for a certificate to practice medicine or surgery. 38,236
(C) The board shall issue to any person holding a 38,238
certificate under this chapter to practice medicine and surgery, 38,239
osteopathic medicine and surgery, or podiatry, upon application 38,240
and qualification therefor in accordance with this section, a 38,241
certificate of registration under the seal of the board. Such 38,242
certificate shall be valid for a two-year period, commencing on 38,243
the first day of October THE THIRD MONTH AFTER THE REGISTRATION 38,244
FEE IS DUE and expiring on the thirtieth LAST day of September of 38,246
the second year following MONTH TWO YEARS THEREAFTER. 38,247
On the first day of November in the year of registration, 38,249
or as soon as practicable thereafter, the THE board shall publish 38,250
and cause to be mailed to each person registered under this 38,252
section, upon request, a printed list of the persons so 38,253
registered.
(D) Failure of any certificate holder to register and 38,255
comply with this section shall operate automatically to suspend 38,256
the holder's certificate to practice on the first day of October 38,258
in the year registration is required, and the continued practice 38,259
after the suspension of the certificate to practice shall be 38,260
considered as practicing without a license. A certificate to 38,261
practice suspended for less than two years for failure to 38,262
register shall be reinstated by the board upon submission of the 38,263
current and delinquent registration fees, the twenty-five-dollar 38,264
penalty for late applications, and certification by signature of 38,265
the applicant that the applicant has completed the requisite 38,266
continuing medical education. 38,267
(E) The state medical board may obtain information not 38,269
protected by statutory or common law privilege from courts and 38,270
other sources concerning malpractice claims against any person 38,271
holding a certificate to practice under this chapter or 38,272
practicing as provided in section 4731.36 of the Revised Code. 38,273
Sec. 4731.291. (A) The state medical board may issue, 38,282
864
without examination, a training certificate to any person who 38,283
wishes to pursue an internship, residency, or clinical fellowship 38,284
program in this state. 38,285
(B) An applicant for a training certificate shall furnish 38,287
proof satisfactory to the board of all the following: 38,288
(1) He THE APPLICANT is at least eighteen years of age and 38,290
is of good moral character. 38,292
(2) He THE APPLICANT has been accepted or appointed to 38,294
participate in this state in one of the following: 38,296
(a) An internship or residency program accredited by 38,298
either the accreditation council for graduate medical education 38,299
of the American medical association or the American osteopathic 38,300
association; 38,301
(b) A clinical fellowship program at an institution with a 38,303
residency program accredited by either the accreditation council 38,304
for graduate medical education of the American medical 38,305
association or the American osteopathic association that is in a 38,306
clinical field the same as or related to the clinical field of 38,307
the fellowship program. 38,308
The applicant shall indicate the beginning and ending dates 38,310
of the period for which he THE APPLICANT has been accepted or 38,311
appointed to participate in the internship, residency, or 38,313
clinical fellowship program. 38,314
(C) A training certificate issued pursuant to this section 38,316
shall be valid only for the period of one year, but may in the 38,317
discretion of the board and upon application duly made, be 38,318
renewed annually for a maximum of five years. The fee for a 38,319
training certificate or any renewal thereof shall be twenty-five 38,320
THIRTY-FIVE dollars. The board shall maintain a register of all 38,321
individuals who hold training certificates. 38,323
(D) The holder of a valid training certificate shall be 38,325
entitled to perform such acts as may be prescribed by or 38,326
incidental to his THE HOLDER'S internship, residency, or clinical 38,328
fellowship program, but he THE HOLDER shall not be entitled 38,329
865
otherwise to engage in the practice of medicine and surgery or
osteopathic medicine and surgery in this state. He THE HOLDER 38,330
shall limit his activities under the certificate to the programs 38,332
of the hospitals or facilities for which the training certificate 38,333
is issued. The holder shall train only under the supervision of 38,334
the physicians responsible for supervision as part of the 38,335
internship, residency, or clinical fellowship program. A 38,336
training certificate may be revoked by the board upon proof, 38,337
satisfactory to the board, that the holder thereof has engaged in 38,338
practice in this state outside the scope of the internship, 38,339
residency, or clinical fellowship program for which the training 38,340
certificate has been issued, or upon proof, satisfactory to the 38,341
board, that the holder thereof has engaged in unethical conduct 38,342
or that there are grounds for action against him THE HOLDER under 38,343
section 4731.22 of the Revised Code.
(E) The board may adopt rules as the board finds necessary 38,345
to effect the purpose of this section. 38,346
Sec. 4731.38. All vouchers of the state medical board 38,355
shall be signed APPROVED by the board president or executive 38,357
secretary, or both, as authorized by the board.
Sec. 4731.40. All fines collected for violation of 38,366
sections 4731.41 to 4731.43 of the Revised Code shall be 38,368
distributed as follows: one half to the state medical board for 38,369
deposit into the state treasury to the credit of the general 38,370
revenue fund, IN ACCORDANCE WITH SECTION 4731.24 OF THE REVISED
CODE and one half to the treasury of the county or municipal 38,371
corporation in which the offense was committed. 38,372
Sec. 4731.53. At the time he AN APPLICANT files his AN 38,382
application, the applicant shall file with the secretary of the
state medical board evidence of preliminary education showing 38,383
that he THE APPLICANT has satisfactorily completed at least two 38,384
years of collegiate work in an approved college of arts and 38,386
sciences in addition to high school graduation. When the 38,387
entrance examiner finds the preliminary education of the 38,388
866
applicant sufficient, he THE ENTRANCE EXAMINER shall issue a 38,390
certificate of preliminary examination upon the payment to the
treasurer of the board of a fee of twenty-five THIRTY-FIVE 38,391
dollars. Such certificate shall be attested by the secretary. 38,393
The applicant shall also present a diploma from a college 38,395
of podiatry in good standing as defined by the board at the time 38,396
the diploma was issued. The applicant shall present an affidavit 38,397
that he THE APPLICANT is the person named in the diploma and is 38,398
the lawful possessor thereof stating his THE APPLICANT'S age, 38,399
residence, the school at which he THE APPLICANT obtained his 38,401
education in podiatry, the time spent in the study of podiatry, 38,402
and such other facts as the board may require.
Sec. 4731.56. The state medical board shall issue its 38,411
certificate to practice podiatry to each applicant who passes the 38,412
examination conducted under section 4731.55 of the Revised Code 38,413
and has paid the treasurer of the state medical board a 38,414
certificate issuance fee of one THREE hundred dollars. Each 38,415
certificate shall be signed by the board's president and 38,417
secretary and attested by its seal. An affirmative vote of not 38,418
less than six members of the state medical board is required for 38,419
issuance of a certificate.
A certificate authorizing the practice of podiatry permits 38,421
the holder the use of the title "physician" or the use of the 38,422
title "surgeon" when the title is qualified by letters or words 38,423
showing that the holder of the certificate is a practitioner of 38,424
podiatry. Such THE certificate shall be prominently displayed in 38,425
the certificate holder's office or the place where a major 38,426
portion of such THE certificate holder's practice is conducted. 38,427
Sec. 4732.04. The secretary of the state board of 38,436
psychology shall give a bond to the state in the sum of ten 38,438
thousand dollars, with two or more sureties A SURETY approved by 38,439
the board, conditioned upon the faithful discharge of the duties 38,440
of his THE SECRETARY'S office. Such bond shall be deposited with 38,441
the secretary of state. 38,442
867
Sec. 4733.08. All receipts of the state board of 38,451
registration for professional engineers and surveyors shall be 38,452
deposited in the state treasury to the credit of the occupational 38,453
licensing and regulatory fund. All vouchers of the board shall 38,454
be signed APPROVED by the board chairman CHAIRPERSON or executive 38,456
secretary, or both, as authorized by the board. The executive 38,458
secretary and any clerical or other assistant of the board whom 38,459
it may designate shall give a surety bond to this state in such 38,460
sum as the board determines. The premiums on the bonds shall be 38,461
regarded as a proper and necessary expense of the board, and 38,462
shall be paid in the same manner as other expenditures of the 38,463
board. The executive secretary shall receive an amount fixed 38,464
pursuant to section 124.152 of the Revised Code in addition to 38,465
the expenses provided for in section 4733.05 of the Revised Code. 38,466
The board may employ such clerical or other assistants as are 38,467
necessary for the proper performance of its work and may make 38,468
expenditures for any purpose which in the opinion of the board is 38,469
reasonably necessary for the proper performance of its duties. 38,470
Sec. 4734.07. Every person who receives a license to 38,479
practice chiropractic from the chiropractic examining board shall 38,480
thereafter apply to the board for renewal in accordance with 38,481
section 4745.02 of the Revised Code and pay a renewal fee of one 38,482
TWO hundred fifty dollars on or before the first day of January 38,484
of each succeeding year. Before a renewal of license is issued 38,485
by the board, each licensee shall furnish the board with 38,486
satisfactory evidence that he THE LICENSEE has attended not less 38,487
than one two-day educational program conducted in Ohio by the 38,488
Ohio state chiropractic association or the equivalent of such 38,489
educational program held in the state as approved by the board. 38,490
Any exception from the requirement for attendance at such 38,491
educational programs may be approved by the board. The secretary 38,492
of the board shall, at least sixty days prior to the first day of 38,493
January of each year, notify each licensee, at his THE LICENSEE'S 38,495
last known address, of the provisions of this section. Failure
868
of a licensee to comply with this section, and failure to pay the 38,497
renewal fee on or before the first day of January of each 38,498
succeeding year shall operate as a forfeiture of the right of the 38,499
licensee to practice his THE LICENSEE'S profession in this state. 38,501
He THE LICENSEE may be reinstated by the board upon payment of 38,502
all fees due and a penalty fee of one hundred fifty dollars for
reinstatement, in addition to satisfying the board of his 38,504
compliance with the educational requirements under this section. 38,505
Sec. 4734.16. All fines collected for violation of section 38,514
4734.17 of the Revised Code, shall be distributed as follows: 38,515
one half to the chiropractic examining board for deposit into the 38,516
state treasury to the credit of the general revenue OCCUPATIONAL 38,517
LICENSING AND REGULATORY fund, and one half to the treasury of 38,518
the county or municipal corporation in which the offense was 38,519
committed.
Sec. 4735.01. As used in this chapter: 38,528
(A) "Real estate broker" includes any person, partnership, 38,530
association, or corporation, foreign or domestic, who for 38,531
another, whether pursuant to a power of attorney or otherwise, 38,532
and who for a fee, commission, or other valuable consideration, 38,533
or with the intention, or in the expectation, or upon the promise 38,534
of receiving or collecting a fee, commission, or other valuable 38,535
consideration: 38,536
(1) Sells, exchanges, purchases, rents, or leases, or 38,538
negotiates the sale, exchange, purchase, rental, or leasing of 38,539
any real estate; 38,540
(2) Offers, attempts, or agrees to negotiate the sale, 38,542
exchange, purchase, rental, or leasing of any real estate; 38,543
(3) Lists, or offers, attempts, or agrees to list, or 38,545
auctions, or offers, attempts, or agrees to auction, any real 38,546
estate; 38,547
(4) Buys or offers to buy, sells or offers to sell, or 38,549
otherwise deals in options on real estate; 38,550
(5) Operates, manages, or rents, or offers or attempts to 38,552
869
operate, manage, or rent, other than as custodian, caretaker, or 38,553
janitor, any building or portions of buildings to the public as 38,554
tenants; 38,555
(6) Advertises or holds himself SELF out as engaged in the 38,557
business of selling, exchanging, purchasing, renting, or leasing 38,558
real estate; 38,559
(7) Directs or assists in the procuring of prospects or 38,561
the negotiation of any transaction, other than mortgage 38,562
financing, which does or is calculated to result in the sale, 38,563
exchange, leasing, or renting of any real estate; 38,564
(8) Is employed by or on behalf of the owner of lots, or 38,566
other parcels of real estate, at a stated salary, or upon a 38,567
commission, or upon a salary and commission basis or otherwise, 38,568
to sell such real estate, or any parts of it, in lots or other 38,569
parcels, and who sells, exchanges, or offers, attempts, or agrees 38,570
to negotiate the sale or exchange of any such lot or parcel of 38,571
real estate; 38,572
(9) Is engaged in the business of charging an advance fee 38,574
or contracting for collection of a fee in connection with any 38,575
contract whereby he THE BROKER undertakes primarily to promote 38,576
the sale, exchange, purchase, rental, or leasing of real estate 38,578
through its listing in a publication issued primarily for such 38,579
purpose, or for referral of information concerning such real 38,580
estate to brokers, or both, except that this division does not 38,581
apply to a publisher of listings or compilations of sales of real 38,582
estate by their owners; 38,583
(10) Collects rental information for purposes of referring 38,585
prospective tenants to rental units or locations of such units 38,586
and charges the prospective tenants a fee. 38,587
(B) "Real estate" includes leaseholds as well as any and 38,589
every interest or estate in land situated in this state, whether 38,590
corporeal or incorporeal, whether freehold or nonfreehold, and 38,591
the improvements on the land, but does not include cemetery 38,592
interment rights. 38,593
870
(C) "Real estate salesman SALESPERSON" means any person 38,595
associated with a licensed real estate broker to do or to deal in 38,597
any acts or transactions set out or comprehended by the 38,598
definition of a real estate broker, for compensation or 38,599
otherwise.
(D) "Limited real estate broker" includes any person, 38,601
partnership, association, or corporation, foreign or domestic, 38,602
who for another and for a fee, commission, or other valuable 38,603
consideration, or who with the intention or in the expectation or 38,604
upon the promise of receiving or collecting a fee, commission, or 38,605
other valuable consideration engages in the sale of cemetery 38,606
interment rights and whose license is limited to the sale of 38,607
cemetery interment rights. 38,608
(E) "Limited real estate salesman SALESPERSON" means any 38,610
person associated with a licensed real estate broker or a 38,612
licensed limited real estate broker to do or to deal in any acts 38,613
or transactions set out or comprehended by the definition of a 38,614
limited real estate broker, for compensation or otherwise. 38,615
(F) "Institution of higher education" means either of the 38,617
following: 38,618
(1) A nonprofit institution as defined in section 1713.01 38,620
of the Revised Code that actually awards, rather than intends to 38,621
award, degrees for fulfilling requirements of academic work 38,622
beyond high school; 38,623
(2) An institution operated for profit that otherwise 38,625
qualifies under the definition of an institution in section 38,626
1713.01 of the Revised Code and that actually awards, rather than 38,627
intends to award, degrees for fulfilling requirements of academic 38,628
work beyond high school. 38,629
(G) "Foreign real estate" means real estate not situated 38,631
in this state and any interest in real estate not situated in 38,632
this state. 38,633
(H) "Foreign real estate dealer" includes any person, 38,635
partnership, association, or corporation, foreign or domestic, 38,636
871
who for another, whether pursuant to a power of attorney or 38,637
otherwise, and who for a fee, commission, or other valuable 38,638
consideration, or with the intention, or in the expectation, or 38,639
upon the promise of receiving or collecting a fee, commission, or 38,640
other valuable consideration, does or deals in any act or 38,641
transaction specified or comprehended in division (A) of this 38,642
section with respect to foreign real estate. 38,643
(I) "Foreign real estate salesman SALESPERSON" means any 38,645
person associated with a licensed foreign real estate dealer to 38,647
do or deal in any act or transaction specified or comprehended in 38,648
division (A) of this section with respect to foreign real estate, 38,649
for compensation or otherwise. 38,650
(J) Any person, partnership, association, or corporation, 38,652
who, for another, in consideration of compensation, by fee, 38,653
commission, salary, or otherwise, or with the intention, in the 38,654
expectation, or upon the promise of receiving or collecting a 38,655
fee, does, or offers, attempts, or agrees to engage in, any 38,656
single act or transaction contained in the definition of a real 38,657
estate broker or foreign real estate dealer, whether an act is an 38,658
incidental part of a transaction, or the entire transaction, 38,659
shall be constituted a real estate broker or real estate salesman 38,660
SALESPERSON or a foreign real estate dealer or foreign real 38,661
estate salesman SALESPERSON under this chapter. 38,662
(K) The terms "real estate broker," "real estate salesman 38,665
SALESPERSON," "foreign real estate dealer," and "foreign real 38,666
estate salesman SALESPERSON" do not include a person, 38,667
partnership, association, or corporation, or the regular 38,668
employees thereof or limited real estate broker or limited real 38,669
estate salesman SALESPERSON, who performs any of the acts or 38,671
transactions specified or comprehended in division (A) of this 38,672
section, whether or not for, or with the intention, in 38,673
expectation, or upon the promise of receiving or collecting a
fee, commission, or other valuable consideration: 38,674
(1) With reference to real estate situated in this state 38,676
872
or any interest in it owned by such person, partnership, 38,677
association, or corporation, or acquired on his ITS own account 38,678
in the regular course of, or as an incident to the management of 38,680
the property and the investment in it; 38,681
(2) As receiver or trustee in bankruptcy, as guardian, 38,683
executor, administrator, trustee, assignee, commissioner, or any 38,684
person doing the things mentioned in this section, under 38,685
authority or appointment of, or incident to a proceeding in, any 38,686
court, or as a public officer, or as executor, trustee, or other 38,687
bona fide fiduciary under any trust agreement, deed of trust, 38,688
will, or other instrument creating a like bona fide fiduciary 38,689
obligation; 38,690
(3) As a public officer while performing his THE OFFICER'S 38,692
official duties; 38,693
(4) As an attorney at law in the performance of his THE 38,695
ATTORNEY'S duties. 38,696
(L) "Physically handicapped licensee" means a person 38,698
licensed pursuant to this chapter who is under a severe physical 38,699
disability which is of such a nature as to prevent the person 38,700
from being able to attend any classroom instruction lasting at 38,701
least three hours in duration. 38,702
(M) "DIVISION OF REAL ESTATE" MAY BE USED INTERCHANGEABLY 38,705
WITH, AND FOR ALL PURPOSES HAS THE SAME MEANING AS, "DIVISION OF 38,706
REAL ESTATE AND PROFESSIONAL LICENSING." 38,707
(N) "SUPERINTENDENT" OR "SUPERINTENDENT OF REAL ESTATE" 38,710
MEANS THE SUPERINTENDENT OF THE DIVISION OF REAL ESTATE AND 38,711
PROFESSIONAL LICENSING OF THIS STATE. WHENEVER THE DIVISION OR 38,712
SUPERINTENDENT OF REAL ESTATE IS REFERRED TO OR DESIGNATED IN ANY 38,713
STATUTE, RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR 38,714
DESIGNATION SHALL BE DEEMED TO REFER TO THE DIVISION OR 38,715
SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING, AS THE 38,716
CASE MAY BE.
Sec. 4735.05. (A) The Ohio real estate commission is a 38,726
part of the department of commerce for administrative purposes. 38,727
873
The director of commerce is ex officio the executive officer of 38,728
the commission, or the director may designate any employee of the 38,729
department as superintendent of real estate AND PROFESSIONAL 38,730
LICENSING to act as executive officer of the commission. 38,732
There is created within the department a division of real 38,734
estate which shall be under the control and supervision of the 38,735
director. 38,736
The commission and the real estate appraiser board created 38,738
pursuant to section 4763.02 of the Revised Code shall each submit 38,739
to the director a list of three persons whom the commission and 38,740
the board consider qualified to be superintendent within sixty 38,741
days after the office of superintendent becomes vacant. The 38,742
director shall appoint a superintendent from the lists submitted 38,743
by the commission and the board, and the superintendent shall 38,744
serve at the pleasure of the director. The superintendent shall 38,745
exercise the powers and perform the functions and duties 38,746
delegated to the superintendent under this chapter and Chapter 38,747
4763. of the Revised Code. 38,748
(B) The superintendent, except as otherwise provided, 38,750
shall do all of the following in regard to this chapter: 38,751
(1) Administer this chapter; 38,753
(2) Issue all orders necessary to implement this chapter; 38,755
(3) Investigate complaints concerning the violation of 38,757
this chapter or the conduct of any licensee; 38,758
(4) Establish and maintain an investigation and audit 38,760
section to investigate complaints and conduct inspections, 38,761
audits, and other inquiries as in the judgment of the 38,762
superintendent are appropriate to enforce this chapter. The 38,763
investigators or auditors have the right to review and audit the 38,764
business records of licensees during normal business hours. 38,765
(5) Appoint a hearing examiner for any proceeding 38,767
involving license suspension or revocation under section 2301.373 38,768
of the Revised Code or proceedings brought under section 4735.18 38,769
of the Revised Code;
874
(6) Administer the real estate recovery fund. 38,771
(C) The superintendent may do all of the following: 38,773
(1) In connection with investigations and audits under 38,775
division (B) of this section, subpoena witnesses as provided in 38,776
section 4735.04 of the Revised Code; 38,777
(2) Apply to the appropriate court to enjoin any violation 38,779
of this chapter. Upon a showing by the superintendent that any 38,780
person has violated or is about to violate any provision of this 38,781
chapter, the court shall grant an injunction, restraining order, 38,782
or other appropriate order. 38,783
(3) Upon the death of a licensed broker or the revocation 38,785
or suspension of the broker's license, if there is no other 38,786
licensed broker within the business entity of the broker, appoint 38,787
upon application by any interested party, or, in the case of a 38,788
deceased broker, subject to the approval by the appropriate 38,789
probate court, recommend the appointment of, an ancillary trustee 38,790
who is qualified as determined by the superintendent to conclude 38,791
the business transactions of the deceased, revoked, or suspended 38,792
broker. 38,793
(D) All information that is obtained by investigators and 38,795
auditors performing investigations or conducting inspections, 38,796
audits, and other inquiries pursuant to division (B)(4) of this 38,797
section, from licensees, complainants, or other persons, and all 38,798
reports, documents, and other work products that arise from that 38,799
information and that are prepared by the investigators, auditors, 38,800
or other personnel of the department, shall be held in confidence 38,801
by the superintendent, the investigators and auditors, and other 38,802
personnel of the department. 38,803
Sec. 4736.06. (A) All receipts of the state board of 38,812
sanitarian registration shall be deposited in the state treasury 38,813
to the credit of the occupational licensing and regulatory fund. 38,814
All vouchers of the board shall be signed APPROVED by the 38,816
chairman CHAIRPERSON of the board or secretary, or both, as 38,818
authorized by the board.
875
(B) The board may employ such persons as are necessary to 38,820
administer and enforce this chapter. 38,821
Sec. 4740.03. (A) The administrative section of the Ohio 38,830
construction industry examining board annually shall elect from 38,831
among its members a chairman CHAIRPERSON and other officers as 38,832
the board, by rule, designates. The chairman CHAIRPERSON shall 38,834
preside over meetings of the administrative section or designate 38,836
another member to preside in his THE CHAIRPERSON'S absence. The 38,837
administrative section shall hold at least two regular meetings 38,839
each year, but may meet at additional times as specified by rule, 38,840
at the call of the chairman CHAIRPERSON, or upon the request of 38,842
two or more members. A majority of the members constitutes a 38,843
quorum for the transaction of all business. The administrative 38,844
section may not take any action without the concurrence of three 38,845
members.
(B)(1) The administrative section shall employ a 38,847
secretary, who is not a member of the board, to serve at the 38,848
pleasure of the section and shall fix his THE compensation OF THE 38,850
SECRETARY.
(2) The secretary shall DO ALL OF THE FOLLOWING: 38,852
(a) Keep the minutes, books, and other records and files 38,854
of the board and each section of the board; 38,855
(b) Issue all qualification certificates in the name of 38,857
the board; 38,858
(c) Send out all notices and attend to all correspondence 38,860
of the board and each section, under the direction of the 38,861
administrative section; 38,862
(d) Receive and deposit all fees payable pursuant to this 38,864
chapter into the construction industry examining fund created 38,865
pursuant to section 4740.11 of the Revised Code; 38,866
(e) Perform all other duties incidental to his THE office 38,868
OF THE SECRETARY or properly assigned to him THE SECRETARY by the 38,870
administrative section of the board. 38,872
(3) Before entering upon the discharge of his THE duties 38,874
876
OF THE SECRETARY, the secretary shall file with the treasurer of 38,876
state a bond in the sum of five thousand dollars, payable to the 38,877
state, to ensure the faithful performance of his THE SECRETARY'S 38,878
duties. The board shall pay the premium of the bond in the same 38,880
manner as it pays other expenditures of the board. 38,881
(C) Upon the request of the administrative section of the 38,883
board, the director of commerce shall supply the board and its 38,885
sections with personnel, office space, and supplies, as the 38,886
director determines appropriate. 38,887
(D) The chairman CHAIRPERSON of the board or the 38,889
secretary, or both, as authorized by the board, shall sign 38,891
APPROVE all vouchers of the board. Upon presentation of a 38,893
signed, itemized, and supported voucher, the director of budget 38,894
and management shall approve the payment and submit it for 38,895
issuance of the warrant of the auditor of state. 38,896
Sec. 4741.03. (A) The state veterinary medical licensing 38,905
board shall meet at least once in each calendar year and may hold 38,906
additional meetings as often as it considers necessary to conduct 38,907
the business of the board. The president of the board may call 38,908
special meetings and the executive secretary shall call special 38,909
meetings upon the written request of three members of the board. 38,910
The board shall organize by electing a president and 38,911
vice-president from its veterinarian members and such other 38,912
officers as the board prescribes by rule. Each officer shall 38,913
serve for a term specified by board rule or until a successor is 38,914
elected and qualified. A quorum of the board consists of four 38,915
members of which at least three are members who are 38,916
veterinarians. The concurrence of four members is necessary for 38,917
the board to take any action. 38,918
(B) The board may appoint a person, not one of its 38,920
members, to serve as its executive secretary. The executive 38,921
secretary is in the unclassified service and serves at the 38,922
pleasure of the board. The executive secretary shall serve as 38,923
the board's secretary-treasurer ex officio. The board may employ 38,924
877
additional employees for professional, technical, clerical, and 38,925
special work as it considers necessary. The executive secretary 38,926
shall give a surety bond to the state in the sum the board 38,927
requires, conditioned upon the faithful performance of the 38,928
executive secretary's duties. The board shall pay the cost of 38,929
the bond. The executive secretary shall keep a complete 38,930
accounting of all funds received and of all vouchers presented by 38,931
the board to the director of budget and management for the 38,932
disbursement of funds. The president or executive secretary 38,933
shall sign APPROVE all vouchers of the board. All money received 38,935
by the board shall be credited to the occupational licensing and 38,936
regulatory fund. 38,937
(C) In addition to any other duty required under this 38,939
chapter, the board shall do all of the following: 38,940
(1) Prescribe a seal; 38,942
(2) Hold at least one examination during each calendar 38,944
year for applicants for a license. The board shall provide 38,945
public notice of the time and place for the examination. The 38,946
examination for applicants for a license to practice veterinary 38,947
medicine shall be either written or oral, or both, as determined 38,948
by the board, and may include a practical demonstration. The 38,949
examination may include all subjects relevant to veterinary 38,950
medicine the board determines appropriate, including public 38,951
health and jurisprudence. 38,952
(3) Keep a record of all of its meetings and proceedings; 38,954
(4) Maintain a register that records all applicants for a 38,956
certificate of license or a temporary permit, all persons who 38,957
have been denied a license or permit, all persons who have been 38,958
granted or reissued a license or permit, and all persons whose 38,959
license or permit has been revoked or suspended. The register 38,960
shall also include a record of persons licensed prior to October 38,961
17, 1975. 38,962
(5) Maintain a register, in such form as the board 38,964
determines by rule, of all colleges and universities that teach 38,965
878
veterinary medicine and that are approved by the board; 38,966
(6) Enforce this chapter, and for that purpose, make 38,968
investigations relative as provided in section 4741.26 of the 38,969
Revised Code; 38,970
(7) Issue licenses and permits to persons who meet the 38,972
qualifications set forth in this chapter; 38,973
(8) Approve colleges and universities which meet the 38,975
board's requirements for veterinary medicine and associated 38,976
fields of study and withdraw or deny, after an adjudication 38,977
conducted in accordance with Chapter 119. of the Revised Code, 38,978
approval from colleges and universities which fail to meet those 38,979
requirements; 38,980
(9) Adopt rules, in accordance with Chapter 119. of the 38,982
Revised Code, which are necessary for its government and for the 38,983
administration and enforcement of this chapter. 38,984
(D) The board may do all of the following: 38,986
(1) Subpoena witnesses and require their attendance and 38,988
testimony, require the production by witnesses of books, papers, 38,989
public records, animal patient records, and other documentary 38,990
evidence and examine them in relation to any matter which the 38,991
board has authority to investigate, inquire into, or hear. Except 38,993
for any officer or employee of the state or any political
subdivision of the state, the treasurer of state shall pay all 38,994
witnesses in any proceeding before the board, upon certification 38,995
from the board, witness fees in the same amount as provided in 38,996
section 2335.06 of the Revised Code. 38,997
(2) Examine and inspect books, papers, public records, 38,999
animal patient records, and other documentary evidence at the 39,000
location where the books, papers, records, and other evidence are 39,001
normally stored or maintained; 39,002
(3) Create an advisory committee consisting of members of 39,004
the animal health and allied medical services in this state to 39,005
confer with and assist the board in the adoption of rules 39,006
pertaining to divisions (B) to (E) of section 4741.19 and 39,007
879
divisions (A), (D), (E), and (F) of section 4741.20 of the 39,008
Revised Code. 39,009
(E) All registers, books, and records kept by the board 39,011
are the property of the board and are open for public examination 39,012
and inspection at all reasonable times. The registers, books, 39,013
and records are prima-facie evidence of the matters contained 39,014
therein. 39,015
Sec. 4741.17. (A) Applicants or registrants shall pay to 39,024
the state veterinary medical licensing board: 39,025
(1) For a AN INITIAL license by BASED ON examination, IN 39,028
AN EVEN-NUMBERED YEAR, THREE HUNDRED SEVENTY-FIVE DOLLARS AND IN 39,029
AN ODD-NUMBERED YEAR, two hundred fifty dollars; 39,030
(2) For a license by reciprocity ISSUED IN AN 39,032
EVEN-NUMBERED YEAR, two FOUR hundred TWENTY-FIVE dollars AND IN 39,033
AN ODD-NUMBERED YEAR, THREE HUNDRED DOLLARS; 39,034
(3) For a temporary permit, seventy-five ONE HUNDRED 39,036
dollars;
(4) For a duplicate license, twenty-five THIRTY-FIVE 39,038
dollars;
(5) For the biennial renewal fee, where the application is 39,040
postmarked no later than the first day of March, one hundred 39,041
twenty-five dollars; where the application is postmarked after 39,042
the first day of March but no later than the first day of April, 39,043
one hundred seventy-five dollars; and where the application is 39,044
postmarked after the first day of April, two hundred twenty-five 39,045
dollars; 39,046
(6) For the biennial registration fee of a registered 39,048
veterinary technician, where the application is postmarked no 39,049
later than the first day of March, twenty-five dollars; where the 39,050
application is postmarked after the first day of March but no 39,051
later than the first day of April, thirty dollars; and where the 39,052
application is postmarked after the first day of April, 39,053
thirty-five dollars; 39,054
(7) For a specialist certificate, fifty dollars. The 39,056
880
certificate is not subject to renewal. 39,057
(8) FOR THE REINSTATEMENT OF A SUSPENDED LICENSE, 39,059
SEVENTY-FIVE DOLLARS; 39,060
(9) FOR EXAMINATIONS OFFERED BY THE BOARD, A FEE, WHICH 39,062
SHALL BE ESTABLISHED BY THE BOARD, IN AN AMOUNT ADEQUATE TO COVER 39,063
THE EXPENSE OF PROCURING, ADMINISTERING, AND SCORING 39,064
EXAMINATIONS.
(B) The board, subject to the approval of the controlling 39,066
board, may establish fees in excess of the amounts provided in 39,067
this section, provided that the fees do not exceed the amounts 39,068
permitted by this section by more than fifty per cent. 39,069
(C) For the purposes of divisions (A)(5) and (6) of this 39,071
section, a date stamp of the office of the board may serve in 39,072
lieu of a postmark. 39,073
Sec. 4741.25. All fines collected for violation of this 39,082
chapter shall be paid to RECEIPTS OF the state veterinary medical 39,083
licensing board and by it paid to the general revenue fund of 39,084
this state SHALL BE DEPOSITED IN THE STATE TREASURY TO THE CREDIT 39,085
OF THE OCCUPATIONAL LICENSING AND REGULATORY FUND. 39,086
Sec. 4743.05. Except as otherwise provided in sections 39,095
4713.19, 4715.35, 4723.061, AND 4729.65, 4731.281, 4731.40, 39,097
4734.16, 4755.49, and 4755.99 of the Revised Code, all money
collected under Chapters 3773., 4701., 4703., 4709., 4713., 39,098
4715., 4717., 4723., 4725., 4729., 4730., 4731., 4732., 4733., 39,100
4734., 4736., 4741., 4753., 4755., 4757., 4759., and 4761. of the 39,101
Revised Code shall be paid into the state treasury to the credit 39,102
of the occupational licensing and regulatory fund, which is 39,103
hereby created for use in administering such chapters. At the 39,104
end of each quarter, the director of budget and management may 39,105
transfer from the occupational licensing and regulatory fund to 39,106
the general revenue fund any amount that the director determines 39,107
to be in excess of the amount necessary to administer such 39,108
chapters MONEY DEPOSITED TO THE CREDIT OF THE FUND UNDER SECTION 39,109
4731.24 OF THE REVISED CODE SHALL BE USED UNTIL JULY 1, 1998, FOR 39,110
881
ADMINISTERING CHAPTERS 4730. AND 4731. OF THE REVISED CODE. 39,111
At the end of each quarter, the director shall transfer 39,113
from the occupational licensing and regulatory fund to the nurse 39,114
education assistance fund created in section 3333.28 of the 39,116
Revised Code the amount certified to the director under division 39,118
(B) of section 4723.08 of the Revised Code.
At the end of the first quarter of 1995 and at the end of 39,120
each quarter thereafter, the director shall transfer from the 39,121
occupational licensing and regulatory fund to the certified 39,122
public accountant education assistance fund created in section 39,123
4701.26 of the Revised Code the amount certified to the director 39,125
under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4747.03. There is hereby created a hearing aid 39,134
dealers and fitters licensing board consisting of seven members. 39,135
The governor shall appoint each member to the board with the 39,136
advice and consent of the senate. Three members of the board 39,137
shall be persons currently engaged in the practice of dealing in 39,138
and fitting of hearing aids in the state, one member shall be an 39,139
otolaryngologist, one member shall be a clinical audiologist, and 39,140
two shall be public members. At least one of the public members 39,141
shall be at least sixty years of age. No more than one dealer 39,142
serving on the board at any time shall be franchised by or sell 39,143
the products of the same hearing aid manufacturer. Each member 39,144
shall be a resident of the state and, except for the public 39,145
members, shall have been actively engaged in his THE MEMBER'S 39,146
respective practice or profession for at least five years 39,148
immediately preceding his appointment. The director of health or 39,149
his THE DIRECTOR'S designated representative shall be an ex 39,151
officio member.
Terms of office shall be for four years, commencing on the 39,153
twenty-sixth day of January and ending on the twenty-fifth day of 39,154
January, except that of the members first appointed, one member 39,155
shall be appointed for two years and two members for three years. 39,156
Each member shall hold office from the date of his THE MEMBER'S 39,157
882
appointment until the end of the term for which he THE MEMBER was 39,159
appointed. All appointments to fill vacancies shall be made in 39,161
the manner prescribed for regular appointments. Any member 39,162
appointed to fill a vacancy occurring prior to the expiration of 39,163
the term for which his THE MEMBER'S predecessor was appointed 39,164
shall hold office for the remainder of such term. Any member 39,166
shall continue in office subsequent to the expiration date of his 39,167
THE MEMBER'S term until his THE MEMBER'S successor takes office, 39,170
or until a period of sixty days has elapsed, whichever occurs 39,171
first. No member shall be reappointed to the board sooner than 39,172
one year after the expiration of his THE MEMBER'S second full 39,174
term of office.
Each member of the board shall receive, as part of the 39,176
expenses of the board, an amount fixed pursuant to division (J) 39,177
of section 124.15 of the Revised Code per diem while he is 39,178
engaged in attending meetings or otherwise engaged in the actual 39,179
performance of his THE MEMBER'S duties with the board. Each 39,180
member shall also receive, as part of the expenses of the board, 39,182
an amount for the actual traveling, hotel, and other necessary 39,183
expenses incurred in the performance of his THE MEMBER'S duties. 39,184
All vouchers of the board shall be signed APPROVED by the 39,186
chairman CHAIRPERSON of the board. The board shall appoint a 39,188
secretary and may employ, compensate, and prescribe such powers
and duties of such officers, employees, and consultants, in 39,189
accordance with the laws of this state, as are necessary to carry 39,190
out this chapter. Technical, administrative, or other services 39,191
shall be performed, insofar as practicable, by personnel of the 39,192
department of health, and by other state agencies. 39,193
Sec. 4749.02. The department of commerce shall administer 39,202
this chapter THROUGH THE DIVISION OF REAL ESTATE AND PROFESSIONAL 39,203
LICENSING, and for that purpose, the director SUPERINTENDENT OF 39,204
REAL ESTATE AND PROFESSIONAL LICENSING may appoint such employees 39,205
and adopt such rules as the Director SUPERINTENDENT considers 39,206
necessary. 39,207
883
Sec. 4751.06. (A) An applicant for licensure as a nursing 39,216
home administrator who has successfully completed the 39,217
requirements of section 4751.05 of the Revised Code and, passed 39,218
the examination prescribed by the board of examiners of nursing 39,219
home administrators, AND PAID TO THE BOARD AN ORIGINAL LICENSE 39,220
FEE OF TWO HUNDRED TEN DOLLARS shall be issued a license on a 39,221
form provided by the board. Such license shall certify that the 39,222
applicant has met the licensure requirements of Chapter 4751. of 39,223
the Revised Code and is entitled to practice as a licensed 39,224
nursing home administrator. 39,225
(B) A temporary license for a period not to exceed one 39,227
hundred eighty days may be issued to an individual temporarily 39,228
filling the position of a nursing home administrator vacated by 39,229
reason of death, illness, or other unexpected cause, pursuant to 39,230
regulations adopted by the board. 39,231
(C) The fee for a temporary license is one hundred 39,233
dollars. Said fee must accompany the application for the 39,234
temporary license. 39,235
(D) Any license or temporary license issued by the board 39,237
pursuant to this section shall be under the hand of the chairman 39,238
CHAIRPERSON and the secretary of the board. 39,239
(E) A duplicate of the original certificate of 39,241
registration or license may be secured to replace one that has 39,242
been lost or destroyed by submitting to the board a notarized 39,243
statement explaining the conditions of the loss, mutilation, or 39,244
destruction of the certificate or license and by paying a fee of 39,245
twenty-five dollars. 39,246
(F) A duplicate certificate of registration and license 39,248
may be issued in the event of a legal change of name by 39,249
submitting to the board a certified copy of the court order or 39,250
marriage license establishing the change of name, by returning at 39,251
the same time the original license and certificate of 39,252
registration, and by paying a fee of twenty-five dollars. 39,253
Sec. 4751.07. (A) Every individual who holds a valid 39,262
884
license as a nursing home administrator issued under division (A) 39,263
of section 4751.06 of the Revised Code, shall immediately upon 39,264
issuance thereof be registered with the board of examiners of 39,265
nursing home administrators and be issued a certificate of 39,266
registration. Such individual shall annually apply to the board 39,267
for a new certificate of registration on forms provided for such 39,268
purpose prior to the expiration of his THE certificate of 39,269
registration and shall at the same time submit satisfactory 39,270
evidence to the board that he has OF HAVING attended such 39,271
continuing education programs or courses of study as may be 39,273
prescribed in rules adopted by the board. 39,274
(B) Upon making an application for a new certificate of 39,276
registration such individual shall pay the annual registration 39,277
fee of one TWO hundred fifty TEN dollars. 39,278
(C) Upon receipt of such application for registration and 39,280
the registration fee required by divisions (A) and (B) of this 39,281
section, the board shall issue a certificate of registration to 39,282
such nursing home administrator. 39,283
(D) The license of a nursing home administrator who fails 39,285
to comply with this section shall automatically lapse. 39,286
(E) A nursing home administrator who has been licensed and 39,288
registered in this state who determines to temporarily abandon 39,289
the practice of nursing home administration, shall notify the 39,290
board in writing immediately; provided, that such individual may 39,291
thereafter register to resume the practice of nursing home 39,292
administration within the state upon complying with the 39,293
requirements of this section regarding annual registration. 39,294
(F) Only an individual who has qualified as a licensed and 39,296
registered nursing home administrator under Chapter 4751. of the 39,297
Revised Code and the rules adopted thereunder, and who holds a 39,298
valid current registration certificate pursuant to this section, 39,299
may use the title "nursing home administrator," or the 39,300
abbreviation "N.H.A." after his THE INDIVIDUAL'S name. No other 39,301
person shall use such title or such abbreviation or any other 39,303
885
words, letters, sign, card, or device tending to indicate or to 39,304
imply that the person is a licensed and registered nursing home 39,305
administrator.
(G) Every person holding a valid license entitling him THE 39,307
PERSON to practice nursing home administration in this state 39,309
shall display said license in the nursing home which is his THE 39,310
PERSON'S principal place of employment, and while engaged in the 39,312
practice of nursing home administration shall have with him his 39,313
AT HAND THE current registration certificate. 39,315
(H) Every person holding a valid temporary license shall 39,317
have such license with him AT HAND while engaged in the practice 39,319
of nursing home administration.
Sec. 4753.04. The board of speech-language pathology and 39,328
audiology shall hold at least one regular meeting a year, at 39,329
which it shall elect a chairman CHAIRPERSON and vice-chairman 39,331
VICE-CHAIRPERSON from among its members. Additional meetings may 39,332
be held upon call of the chairman CHAIRPERSON or at the written 39,333
request of two or more members of the board. Five members of the 39,335
board constitute a quorum to conduct business, if one member who 39,336
is a speech-language pathologist and one member who is an 39,337
audiologist are present.
The board may employ an executive director, who shall serve 39,339
at the board's pleasure, and shall designate his THE duties and 39,340
fix his THE EXECUTIVE DIRECTOR'S compensation. The board may 39,343
hire such other employees and consultants as it finds necessary. 39,344
Members of the board shall receive compensation pursuant to 39,345
division (J) of section 124.15 of the Revised Code for each day 39,346
employed in the discharge of their official duties. The members 39,347
shall be reimbursed for actual and necessary expenses incurred in 39,348
the performance of their official duties. All vouchers of the 39,349
board shall be signed APPROVED by the chairman CHAIRPERSON or the 39,351
executive director of the board. 39,352
Sec. 4753.08. The board of speech-language pathology and 39,361
audiology shall waive the examination and educational 39,362
886
requirements for any applicant who: 39,363
(A) On September 26, 1975, has at least a bachelor's 39,365
degree with a major in speech-language pathology or audiology 39,366
from an accredited college or university, or who has been 39,367
employed as a speech-language pathologist or audiologist for at 39,368
least nine months at any time within the three years prior to 39,369
September 26, 1975, if an application providing bona fide proof 39,370
of such degree or employment is filed with the board within one 39,371
year after September 26, 1975, and is accompanied by the 39,372
application fee as prescribed in division (A) of section 4753.11 39,373
of the Revised Code; 39,374
(B) Presents proof of current certification or licensure 39,376
in good standing in the area in which licensure is sought in a 39,377
state which has standards at least equal to those for licensure 39,378
in this state; 39,379
(C) Presents proof of a current certificate of clinical 39,381
competence in speech-language pathology or audiology that is in 39,382
good standing and received from the American 39,383
speech-language-hearing association in the area in which 39,384
licensure is sought; 39,385
(D) On January 1, 2001, holds a current certificate, 39,388
except a temporary certificate, if the certificate is in good 39,389
standing, PURSUANT TO SECTION 3319.222 OF THE REVISED CODE, in 39,390
the area in which licensure is sought and if an application 39,391
providing bona fide proof of the certificate is filed with the 39,392
board on or after January 1, 2001, but before January 1, 2002. 39,393
Notwithstanding division (A) of section 4753.11 of the Revised 39,394
Code, the board shall not charge a licensure fee for a license 39,396
issued by waiver to the holder of such a certificate. As used in 39,397
this division, "certificate" means a certificate issued by the
Ohio department of education to an applicant PURSUANT TO SECTION 39,398
3319.222 OF THE REVISED CODE to serve as a SCHOOL speech and 39,399
hearing therapist, a school speech-language pathologist, a school 39,400
audiologist, or any equivalent position for which a certificate 39,401
887
is issued by the Ohio department of education. 39,402
(E) On January 1, 2001, is employed as a speech-language 39,405
pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the 39,406
area in which licensure is sought is filed with the board on or 39,407
after January 1, 2001, but before January 1, 2002. 39,408
Notwithstanding division (A) of section 4753.11 of the Revised 39,409
Code, the board shall not charge a licensure fee for a license 39,410
issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 39,412
Sec. 4753.12. Nothing in this chapter shall be construed 39,421
to:
(A) Prohibit a person other than an individual from 39,423
engaging in the business of speech-language pathology or 39,424
audiology without licensure if it employs a licensed individual 39,425
in the direct practice of speech-language pathology and 39,426
audiology. Such entity shall file a statement with the board, on 39,427
a form approved by the board for this purpose, swearing that it 39,428
submits itself to the rules of the board and the provisions of 39,429
this chapter which the board determines applicable. 39,430
(B) Prevent or restrict the practice of speech and hearing 39,432
therapy or the use of the official title of such practice by a 39,433
person who holds a valid and current license OR CERTIFICATE as a 39,434
speech and hearing therapist SCHOOL SPEECH-LANGUAGE PATHOLOGIST 39,435
OR SCHOOL AUDIOLOGIST issued by the state board of education 39,436
UNDER SECTION 3319.22, 3319.222, OR 3319.223 OF THE REVISED CODE, 39,437
to prevent or restrict the establishment of standards and courses 39,439
of study pursuant to Chapter 3319. of the Revised Code, to 39,440
prevent or restrict the licensure of teachers pursuant to Chapter 39,441
3319. of the Revised Code, or prevent any person assigned by or 39,442
under the control of the superintendent of or board of a city,
local, or exempted village school district or of an educational 39,443
service center from identification screening of speech or hearing 39,445
impairments of pupils enrolled in the district or educational 39,446
888
service center, provided such persons are performing activities 39,447
within the scope of their employment and do not offer to render 39,448
speech-language pathology or audiology services to the general 39,449
public outside of the institutions or organizations in which they 39,450
are employed. 39,451
(C) Prevent or restrict the practice of a person employed 39,453
as a speech-language pathologist or audiologist by any agency of 39,454
the state or the federal government. 39,455
(D) Restrict the activities and services of a student or 39,457
intern in speech-language pathology or audiology from pursuing a 39,458
course of study leading to a degree in these areas at a college 39,459
or university accredited by a recognized regional or national 39,460
accrediting body or in one of its cooperating clinical training 39,461
facilities, if these activities and services are supervised by a 39,462
person licensed in the area of study or certified by the American 39,464
speech-language-hearing association in the area of study and if 39,465
the student is designated by a title such as "speech-language 39,466
pathology intern," "audiology intern," "trainee," or other such 39,467
title clearly indicating the training status. 39,468
(E) Prevent a person from performing speech-language 39,470
pathology or audiology services when performing these services in 39,471
pursuit of the required supervised professional experience as 39,472
prescribed in section 4753.06 of the Revised Code and that person 39,473
has been issued a conditional license pursuant to section 39,474
4753.071 of the Revised Code. 39,475
(F) Restrict a speech-language pathologist or audiologist 39,477
who holds the certification of the American 39,478
speech-language-hearing association, or who is licensed as a 39,479
speech-language pathologist or audiologist in another state and 39,480
who has made application to the board for a license in this 39,481
state, from practicing speech-language pathology or audiology 39,482
without a valid license pending the disposition of the 39,483
application.
(G) Restrict a person not a resident of this state from 39,485
889
offering speech-language pathology or audiology services in this 39,486
state if such services are performed for not more than one period 39,487
of thirty consecutive calendar days in any year, if the person is 39,488
licensed in the state of the person's residence or certified by 39,490
the American speech-language-hearing association and files a
statement as prescribed by the board in advance of providing 39,491
these services. Such person shall be subject to the rules of the 39,492
board and the provisions of this chapter. 39,493
(H) Restrict a person licensed under Chapter 4747. of the 39,495
Revised Code from engaging in the duties as defined in that 39,496
chapter related to measuring, testing, and counseling for the 39,497
purpose of identifying or modifying hearing conditions in 39,498
connection with the fitting, dispensing, or servicing of a 39,499
hearing aid, or affect the authority of hearing aid dealers to 39,500
deal in hearing aids or advertise the practice of dealing in 39,501
hearing aids in accordance with Chapter 4747. of the Revised 39,502
Code. 39,503
(I) Restrict a physician from engaging in the practice of 39,505
medicine and surgery or osteopathic medicine and surgery or 39,506
prevent any individual from carrying out any properly delegated 39,507
responsibilities within the normal practice of medicine and 39,508
surgery or osteopathic medicine and surgery. 39,509
(J) Restrict a person registered or licensed under Chapter 39,511
4723. of the Revised Code from performing those acts and 39,512
utilizing those procedures that are within the scope of the 39,513
practice of professional or practical nursing as defined in 39,514
Chapter 4723. of the Revised Code and the ethics of the nursing 39,515
profession, provided such a person does not hold self out CLAIM 39,517
to the public as TO BE a speech-language pathologist or 39,518
audiologist.
(K) Restrict an individual licensed as an audiologist 39,520
under this chapter from fitting, selling, or dispensing hearing 39,521
aids. 39,522
(L) Authorize the practice of medicine and surgery or 39,524
890
entitle a person licensed pursuant to this chapter to engage in 39,525
the practice of medicine or surgery or any of its branches. 39,526
(M) Restrict a person licensed pursuant to Chapter 4755. 39,528
of the Revised Code from performing those acts and utilizing 39,529
those procedures that are within the scope of the practice of 39,530
occupational therapy or occupational therapy assistant as defined 39,531
in Chapter 4755. of the Revised Code, provided the person does 39,532
not hold oneself out CLAIM to the public as TO BE a 39,534
speech-language pathologist or audiologist.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 39,536
Sec. 4755.10. The (A) IN ACCORDANCE WITH CHAPTER 119. OF 39,546
THE REVISED CODE, THE occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers 39,547
board may suspend, revoke, or refuse to issue or renew the 39,548
license of an occupational therapist or occupational therapy 39,549
assistant in accordance with Chapter 119. of the Revised Code if 39,550
the section finds that the licensee has LICENSE, OR REPRIMAND OR 39,551
PLACE A LICENSE HOLDER ON PROBATION, FOR ANY OF THE FOLLOWING: 39,552
(A) Been convicted (1) CONVICTION of an offense involving 39,555
moral turpitude or a felony reasonably related to the practice of
occupational therapy, REGARDLESS OF THE STATE OR COUNTRY IN WHICH 39,556
THE CONVICTION OCCURRED; 39,557
(B) Violated (2) VIOLATION OF any provision of sections 39,560
4755.01 to 4755.12 of the Revised Code;
(C) Violated (3) VIOLATION OF any lawful order or rule of 39,563
the occupational therapy section; 39,564
(D) Obtained his (4) OBTAINING A license or any order, 39,567
ruling, or authorization by means of fraud, misrepresentation, or 39,568
concealment of material facts; 39,569
(E) Been guilty of negligence (5) NEGLIGENCE or gross 39,571
misconduct in the pursuit of his THE profession OF OCCUPATIONAL 39,573
THERAPY;
(F) Accepted (6) ACCEPTING commissions or rebates or 39,575
other forms of remuneration for referring persons to other 39,577
891
professionals;
(G) Willfully (7) COMMUNICATING, WILLFULLY and without 39,580
authorization communicated, information received in professional 39,581
confidence;
(H) Used (8) USING any narcotic or alcohol to an extent 39,584
that IT impairs his THE ability to perform the work of an 39,585
occupational therapist or occupational therapy assistant with 39,586
safety to the public;
(I) Practiced (9) PRACTICING in an area of occupational 39,589
therapy for which he THE INDIVIDUAL is clearly untrained or 39,590
incompetent;
(J) Failed (10) FAILING the licensing examination; 39,592
(K) Waived (11) AIDING OR ABETTING THE UNLICENSED 39,594
PRACTICE OF OCCUPATIONAL THERAPY; 39,595
(12) HAVING BEEN DISCIPLINED BY THE OCCUPATIONAL THERAPY 39,597
LICENSING AUTHORITY OF ANOTHER STATE OR COUNTRY FOR AN ACT THAT 39,598
WOULD CONSTITUTE GROUNDS FOR DISCIPLINE UNDER THIS SECTION; 39,599
(13) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION: 39,601
(a) WAIVING the payment of all or any part of a deductible 39,603
or copayment that a patient, pursuant to a health insurance or 39,604
health care policy, contract, or plan that covers occupational 39,605
therapy, would otherwise be required to pay if the waiver is used 39,606
as an enticement to a patient or group of patients to receive 39,607
health care services from that provider.; 39,608
(L) Advertised (b) ADVERTISING that he THE INDIVIDUAL 39,611
will waive the payment of all or any part of a deductible or 39,613
copayment that a patient, pursuant to a health insurance or 39,614
health care policy, contract, or plan that covers occupational 39,615
therapy, would otherwise be required to pay.
(M) Notwithstanding divisions (K) and (L) (B) SANCTIONS 39,617
SHALL NOT BE IMPOSED UNDER DIVISION (A)(13) of this section, 39,618
sanctions shall not be imposed against any licensee INDIVIDUAL 39,620
who waives deductibles and copayments AS FOLLOWS:
(1) In compliance with the health benefit plan that 39,622
892
expressly allows such a practice. Waiver of the deductibles or 39,623
copays COPAYMENTS shall be made only with the full knowledge and 39,624
consent of the plan purchaser, payer, and third-party 39,625
administrator. Such DOCUMENTATION OF THE consent shall be made 39,626
available to the section upon request. 39,627
(2) For professional services rendered to any other person 39,629
licensed pursuant to this chapter SECTIONS 4755.01 TO 4755.12 OF 39,631
THE REVISED CODE to the extent allowed by this chapter THOSE 39,632
SECTIONS and the rules of the OCCUPATIONAL THERAPY section. 39,633
(N)(C) The suspension or revocation of a license under 39,635
this section is not effective until either the order FOR 39,637
SUSPENSION OR REVOCATION has been affirmed following an 39,638
adjudication hearing, or the time for requesting a hearing has 39,640
elapsed.
One year from the date of revocation of WHEN a license IS 39,642
REVOKED under this section, application may be made to the 39,643
section for reinstatement MAY NOT BE MADE SOONER THAN ONE YEAR 39,645
AFTER THE DATE OF REVOCATION. The OCCUPATIONAL THERAPY section 39,646
may accept or refuse an application for reinstatement and may 39,648
require THAT THE APPLICANT PASS an examination before such AS A 39,649
CONDITION OF reinstatement.
(O) WHEN A LICENSE HOLDER IS PLACED ON PROBATION UNDER 39,651
THIS SECTION, THE OCCUPATIONAL THERAPY SECTION'S PROBATION ORDER 39,652
SHALL BE ACCOMPANIED BY A STATEMENT OF THE CONDITIONS UNDER WHICH 39,653
THE INDIVIDUAL MAY BE REMOVED FROM PROBATION AND RESTORED TO 39,654
UNRESTRICTED PRACTICE.
(D) If any person other than a licensed occupational 39,656
therapist or an occupational therapy assistant has engaged in any 39,657
practice which THAT is prohibited under sections 4755.01 to 39,658
4755.12 of the Revised Code or the rules of the occupational 39,660
therapy section, the section may apply to the court of common 39,661
pleas of the county in which the violation occurred, for an 39,662
injunction or other appropriate order restraining this conduct, 39,663
and the court shall issue this order. 39,664
893
Sec. 4755.12. (A) Nothing in sections 4755.01 to 4755.12 39,673
of the Revised Code shall be construed to prevent or restrict the 39,674
practice, services, or activities of THE FOLLOWING: 39,675
(A)(1) Any person who does not hold himself out CLAIM to 39,678
the public by any title, initials, or description of services as 39,679
being engaged in the practice of occupational therapy, who is: 39,680
(1)(a) A physician or surgeon licensed under Chapter 4731. 39,683
of the Revised Code, or anyone employed or supervised by a 39,684
licensed physician or surgeon in the delivery of treatment or 39,685
services;
(2)(b) A person licensed, certified, or registered under 39,687
sections 4755.40 to 4755.53 4755.56 of the Revised Code or under 39,689
any other chapter of the Revised Code who is practicing within 39,690
the standards and ethics of practice that represent appropriate 39,691
extensions of his THE PERSON'S profession; 39,692
(3)(c) A qualified member of any other profession who is 39,694
practicing within the standards and ethics of his THE MEMBER'S 39,695
profession. 39,696
(B)(2) Any person employed as an occupational therapist or 39,698
occupational therapy assistant by the government of the United 39,699
States, if the person provides occupational therapy solely under 39,700
the direction or control of the organization by which he THE 39,701
PERSON is employed; 39,703
(C)(3) Any person pursuing a course of study leading to a 39,705
degree or certificate in occupational therapy in an accredited or 39,706
approved educational program if the activities and services 39,707
constitute a part of a supervised course of study, if the person 39,708
is designated by a title which THAT clearly indicates his THE 39,710
PERSON'S status as a student or trainee; 39,712
(D)(4) Any person fulfilling the supervised field work 39,714
experience requirements of section 4755.06 of the Revised Code, 39,715
if the activities and services constitute a part of the 39,716
experience necessary to meet these THOSE requirements; 39,717
(E) Any unlicensed person performing occupational therapy 39,719
894
services in this state if the person is not a resident of this 39,720
state, if the services are performed for no more than one hundred 39,721
twenty days in any calendar year in association with a licensed 39,722
occupational therapist, provided that the person meets all 39,723
qualifications for licensure except successful completion of the 39,724
examination; 39,725
(F) Any unlicensed person performing occupational therapy 39,727
services in this state, if the person is not a resident of this 39,728
state, if the services are performed for no more than one hundred 39,729
twenty days in any calendar year in association with an 39,730
occupational therapist licensed under sections 4755.01 to 4755.12 39,731
of the Revised Code, and if the person meets either of the 39,732
following conditions: 39,733
(1) The person is licensed under the law of another state 39,735
that has licensure requirements at least as stringent as the 39,736
requirements of this state; 39,737
(2) The person is qualified to practice as determined by 39,739
the occupational therapy section of the Ohio occupational 39,740
therapy, physical therapy, and athletic trainers board, provided 39,741
fitness to practice shall be determined on the basis of 39,742
requirements at least as stringent as the requirements for 39,743
licensure in this state. 39,744
(B) Nothing in sections 4755.01 to 4755.12 of the Revised 39,746
Code authorizes any person to use psychological procedures 39,748
defined by the state board of psychology under division (C) of 39,749
section 4732.23 of the Revised Code as a serious hazard to mental 39,750
health and to require professional expertise in psychology. 39,751
Sec. 4755.40. As used in sections 4755.40 to 4755.53 39,760
4755.56 and 4755.99 of the Revised Code: 39,761
(A) "Physical therapy" means the evaluation and treatment 39,763
of a person by physical measures and the use of therapeutic 39,764
exercises and rehabilitative procedures, with or without 39,765
assistive devices, for the purpose of preventing, correcting, or 39,766
alleviating any disability. Physical therapy includes the 39,767
895
establishment and modification of physical therapy programs, 39,768
treatment planning, instruction, and consultative services. 39,769
Physical measures include massage, heat, cold, air, light, water, 39,770
electricity, sound, and the performance of tests of neuromuscular 39,771
function as an aid to such treatment. Physical therapy does not 39,772
include the diagnosis of a patient's disability, the use of 39,773
Roentgen rays or radium for diagnostic or therapeutic purposes, 39,774
or the use of electricity for cauterization or other surgical 39,775
purposes. Physical therapy includes physiotherapy. 39,776
(B) "Physical therapist" means a person who practices or 39,778
teaches physical therapy and includes physiotherapist. 39,779
(C) "Physical therapist assistant" means a person who 39,781
assists in the provision of physical therapy treatments under the 39,782
supervision of a physical therapist, or teaches physical therapy 39,783
under the supervision of a physical therapist, and includes 39,784
physical therapy assistant. 39,785
(D) "Supervision" means the availability and 39,787
responsibility of the supervisor for direction of the actions of 39,788
the person supervised. 39,789
Sec. 4755.41. (A) The physical therapy section of the 39,798
Ohio occupational therapy, physical therapy, and athletic 39,799
trainers board shall examine and license persons desiring to 39,800
practice physical therapy or to practice as physical therapist 39,801
assistants in this state. The section shall adopt rules in 39,802
accordance with Chapter 119. of the Revised Code necessary for 39,803
the performance of its duties. 39,804
(B) An investigation, inquiry, or hearing which the 39,806
section is authorized to undertake or hold may be undertaken or 39,807
held by or before any member of this section. Any finding or 39,808
order of such member shall be confirmed or approved by the 39,809
section.
(C) The section shall: 39,811
(A)(1) Keep a record of its proceedings; 39,813
(B)(2) Keep a register of applicants showing the name and 39,815
896
location of the institution granting the applicant's degree or 39,816
certificate in physical therapy and whether or not a license was 39,817
issued; 39,818
(C)(3) Maintain a register of every physical therapist and 39,820
physical therapist assistant in this state, including his THE 39,821
LICENSEE'S last known place of business, his THE LICENSEE'S last 39,823
known residence, and the date and number of his THE LICENSEE'S 39,825
license. Any person may request and receive from the section a 39,827
current list of physical therapists and physical therapist 39,828
assistants, upon payment of such charges as the section 39,829
establishes;
(D)(4) Do all other things necessary and proper to carry 39,831
out and enforce sections 4755.40 to 4755.53 4755.56 of the 39,832
Revised Code. 39,833
(D) The books and records of the section are prima-facie 39,835
evidence of matters therein contained. 39,836
Sec. 4755.43. If the physical therapy section of the Ohio 39,845
occupational therapy, physical therapy, and athletic trainers 39,846
board finds that an applicant for licensure as a physical 39,847
therapist or physical therapist assistant has complied with the 39,848
applicable requirements of section 4755.42 of the Revised Code, 39,849
and if the physical therapy section is unaware of grounds for 39,850
refusal to issue a license to the applicant under sections 39,851
4755.40 to 4755.50 4755.56 of the Revised Code, the physical 39,852
therapy section shall admit the applicant to an examination. 39,853
The examination shall be conducted under rules prescribed 39,855
by the section, and shall test the applicant's knowledge of the 39,856
basic and applied sciences as they relate to physical therapy, 39,857
physical therapy theory and procedures, and such other subjects 39,858
the section determines are useful in testing the applicant's 39,859
fitness to practice physical therapy or to act as a physical 39,860
therapist assistant. 39,861
Examinations for physical therapists shall be held in 39,863
Columbus at least twice a year at such time and place the section 39,864
897
determines. Examinations for physical therapist assistants shall 39,865
be held in Columbus at least twice a year at such time and place 39,866
the section determines. 39,867
Sec. 4755.47. The (A) IN ACCORDANCE WITH CHAPTER 119. OF 39,877
THE REVISED CODE, THE physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers 39,878
board may refuse to grant a license to an applicant for licensure 39,879
AN INITIAL OR RENEWED LICENSE as a physical therapist or physical 39,880
therapist assistant or, by vote of at least five members, may 39,882
suspend or revoke the license of a physical therapist or physical 39,883
therapist assistant OR REPRIMAND OR PLACE A LICENSE HOLDER ON 39,884
PROBATION, on any of the following grounds: 39,885
(A)(1) Habitual indulgence in the use of controlled 39,887
substances, other habit-forming drugs, or alcohol to an extent 39,888
that affects his THE INDIVIDUAL'S professional competency; 39,890
(B)(2) Conviction of a felony or a crime involving moral 39,892
turpitude, REGARDLESS OF THE STATE OR COUNTRY IN WHICH THE 39,893
CONVICTION OCCURRED; 39,894
(C)(3) Obtaining or attempting to obtain a license by 39,896
fraud or deception; 39,897
(D)(4) An adjudication by a court, as provided in section 39,899
5122.301 of the Revised Code, that the applicant or licensee is 39,900
incompetent for the purpose of holding the license and has not 39,901
thereafter been restored to legal capacity for that purpose; 39,902
(E)(5) Violation of the code of ethics of the American 39,904
physical therapy association; 39,905
(F)(6) Violation of sections 4755.40 to 4755.53 4755.56 of 39,908
the Revised Code or any order issued or rule adopted under those 39,909
sections; 39,910
(G)(7) Failure of the licensing examination; 39,912
(H) Waiving (8) AIDING OR ABETTING THE UNLICENSED 39,914
PRACTICE OF PHYSICAL THERAPY; 39,916
(9) HAVING BEEN DISCIPLINED BY THE PHYSICAL THERAPY 39,918
LICENSING AUTHORITY OF ANOTHER STATE OR COUNTRY FOR AN ACT THAT 39,919
898
WOULD CONSTITUTE GROUNDS FOR DISCIPLINE UNDER THIS SECTION; 39,920
(10) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION: 39,922
(a) WAIVING the payment of all or any part of a deductible 39,924
or copayment that a patient, pursuant to a health insurance or 39,925
health care policy, contract, or plan that covers physical 39,926
therapy, would otherwise be required to pay if the waiver is used 39,927
as an enticement to a patient or group of patients to receive 39,928
health care services from that provider.; 39,929
(I)(b) Advertising that he THE INDIVIDUAL will waive the 39,933
payment of all or any part of a deductible or copayment that a 39,934
patient, pursuant to a health insurance or health care policy, 39,935
contract, or plan that covers physical therapy, would otherwise 39,936
be required to pay.
(J) Notwithstanding divisions (H) and (I) of this section, 39,938
sanctions (B) SANCTIONS shall not be imposed UNDER DIVISION 39,940
(A)(10) OF THIS SECTION against any licensee INDIVIDUAL who 39,941
waives deductibles and copayments AS FOLLOWS:
(1) In compliance with the health benefit plan that 39,943
expressly allows such a practice. Waiver of the deductibles or 39,944
copays COPAYMENTS shall be made only with the full knowledge and 39,945
consent of the plan purchaser, payer, and third-party 39,947
administrator. Such DOCUMENTATION OF THE consent shall be made 39,948
available to the section upon request. 39,949
(2) For professional services rendered to any other person 39,951
licensed pursuant to this chapter SECTIONS 4755.40 TO 4755.56 OF 39,953
THE REVISED CODE to the extent allowed by this chapter THOSE
SECTIONS and the rules of the PHYSICAL THERAPY section. 39,954
(C) WHEN A LICENSE IS REVOKED UNDER THIS SECTION, 39,956
APPLICATION FOR REINSTATEMENT MAY NOT BE MADE SOONER THAN ONE 39,957
YEAR AFTER THE DATE OF REVOCATION. THE PHYSICAL THERAPY SECTION 39,958
MAY ACCEPT OR REFUSE AN APPLICATION FOR REINSTATEMENT AND MAY 39,959
REQUIRE THAT THE APPLICANT PASS AN EXAMINATION AS A CONDITION FOR 39,960
REINSTATEMENT.
WHEN A LICENSE HOLDER IS PLACED ON PROBATION UNDER THIS 39,962
899
SECTION, THE PHYSICAL THERAPY SECTION'S ORDER FOR PLACEMENT ON 39,963
PROBATION SHALL BE ACCOMPANIED BY A STATEMENT OF THE CONDITIONS 39,964
UNDER WHICH THE INDIVIDUAL MAY BE REMOVED FROM PROBATION AND 39,965
RESTORED TO UNRESTRICTED PRACTICE.
Sec. 4755.48. (A) No person shall employ fraud or 39,974
deception in applying for or securing a license to practice 39,975
physical therapy or to be a physical therapist assistant. 39,976
(B) No person shall practice or in any way hold himself 39,978
out as being CLAIM TO THE PUBLIC TO BE able to practice physical 39,979
therapy, including practice as a physical therapist assistant, 39,980
unless he THE PERSON holds a valid license under sections 4755.40 39,982
to 4755.53 4755.56 of the Revised Code or except as provided in 39,984
section 4755.53 of the Revised Code. 39,985
(C) No person shall use the words or letters, physical 39,987
therapist, physical therapy, physiotherapist, licensed physical 39,988
therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., physical therapy 39,989
assistant, physical therapist assistant, physical therapy 39,990
technician, licensed physical therapist assistant, L.P.T.A., 39,991
R.P.T.A., or any other letters, words, abbreviations, or 39,992
insignia, indicating or implying that he THE PERSON is a physical 39,994
therapist or physical therapist assistant without a valid license 39,995
under sections 4755.40 to 4755.53 4755.56 of the Revised Code. 39,996
(D) No person who practices physical therapy or assists in 39,998
the provision of physical therapy treatments under the 39,999
supervision of a physical therapist shall fail to display his THE 40,000
PERSON'S current license granted under sections 4755.40 to 40,002
4755.53 4755.56 of the Revised Code in a conspicuous location in 40,004
the place where he THE PERSON spends the major part of his THE 40,006
PERSON'S time so engaged.
(E) Nothing in sections 4755.40 to 4755.50 4755.56 of the 40,008
Revised Code shall affect or interfere with the performance of 40,010
the duties of any physical therapist or physical therapist 40,011
assistant in active service in the army, navy, coast guard, 40,012
marine corps, air force, public health service, or marine 40,013
900
hospital service of the United States, while so serving. 40,014
(F) No person shall practice physical therapy other than 40,016
on the prescription of, or the referral of a patient by, a person 40,017
who is licensed in this or another state to practice medicine and 40,018
surgery, chiropractic, dentistry, osteopathic medicine and 40,019
surgery, or podiatry, within the scope of such practices, and 40,020
whose license is in good standing. 40,021
(G) In the prosecution of any person for violation of 40,023
division (B) or (C) of this section, it is not necessary to 40,024
allege or prove want of a valid license to practice physical 40,025
therapy or to practice as a physical therapist assistant, but 40,026
such matters shall be a matter of defense to be established by 40,027
the accused. 40,028
Sec. 4755.49. One-half of all fines collected under 40,037
section 4755.99 of the Revised Code for violations of section 40,038
4755.48 of the Revised Code shall be distributed to the physical 40,039
therapy section and then paid into the state treasury to the 40,040
credit of the general revenue OCCUPATIONAL LICENSING AND 40,041
REGULATORY fund, and one-half to the treasurer of the municipal
corporation or county in which the offense was committed. 40,042
Sec. 4755.64. (A) Subject to IN ACCORDANCE WITH Chapter 40,051
119. of the Revised Code, the athletic trainers section of the 40,053
Ohio occupational therapy, physical therapy, and athletic 40,054
trainers board may suspend, revoke, or refuse to issue or renew 40,055
any AN athletic trainers license under this chapter, or reprimand 40,056
or place a licensee on probation, if the section determines that 40,057
the applicant or licensee FOR ANY OF THE FOLLOWING: 40,058
(1) Has been convicted CONVICTION of an offense involving 40,060
moral turpitude, REGARDLESS OF THE STATE OR COUNTRY IN WHICH THE 40,061
CONVICTION OCCURRED; 40,062
(2) Has violated VIOLATION OF sections 4755.61 to 4755.65 40,064
of the Revised Code or any order or rule adopted thereunder; 40,066
(3) Obtained OBTAINING a license through fraud, false or 40,068
misleading representation, or concealment of material facts; 40,070
901
(4) Is guilty of negligence NEGLIGENCE or gross misconduct 40,072
in the practice of athletic training; 40,073
(5) Has violated VIOLATING the standards of ethical 40,075
conduct in the practice of athletic training as adopted by the 40,077
athletic trainers section under section 4755.61 of the Revised 40,078
Code;
(6) Has used USING any controlled substance or alcohol to 40,080
the extent that the ability to practice athletic training at a 40,081
level of competency is impaired; 40,082
(7) Has practiced PRACTICING in an area of athletic 40,084
training for which he THE INDIVIDUAL is clearly untrained or 40,086
incompetent, or practiced without the referral of a practitioner 40,088
licensed under Chapter 4731. of the Revised Code, a dentist 40,089
licensed under Chapter 4715. of the Revised Code, a chiropractor 40,090
licensed under Chapter 4734. of the Revised Code, or a physical 40,091
therapist licensed under this chapter; 40,092
(8) Had employed EMPLOYING, directed DIRECTING, or 40,095
supervised SUPERVISING a person in the performance of athletic 40,096
training procedures who is not authorized to practice as a 40,097
licensed athletic trainer under this chapter;
(9) Has misrepresented his MISREPRESENTING educational 40,100
attainments or the functions he THE INDIVIDUAL is authorized to 40,101
perform for the purpose of obtaining some benefit related to his 40,103
THE INDIVIDUAL'S athletic training practice; 40,104
(10) Has failed FAILING the licensing examination; 40,106
(11) AIDING OR ABETTING THE UNLICENSED PRACTICE OF 40,108
ATHLETIC TRAINING;
(12) HAVING BEEN DISCIPLINED BY THE ATHLETIC TRAINING 40,110
LICENSING AUTHORITY OF ANOTHER STATE OR COUNTRY FOR AN ACT THAT 40,111
WOULD CONSTITUTE GROUNDS FOR DISCIPLINE UNDER THIS SECTION. 40,112
(B) If the athletic trainers section places a licensee on 40,114
probation under division (A) of this section, the section's order 40,115
FOR PLACEMENT ON PROBATION shall be accompanied by a written 40,116
statement of the conditions under which the person may be removed 40,117
902
from a probationary status PROBATION and restored to UNRESTRICTED 40,118
practice without any conditions. 40,119
(C) A licensee whose license has been suspended, revoked, 40,121
or not reissued under division (A) of this section may apply to 40,122
the athletic trainers section for reinstatement of the license 40,123
one year following the date of suspension, revocation, or refusal 40,124
to renew. The athletic trainers section may accept or deny the 40,125
application for reinstatement and may require THAT the applicant 40,126
to pass an examination as a condition for reinstatement. 40,127
Sec. 4755.99. (A) Whoever violates section 4755.02 of the 40,137
Revised Code is guilty of a minor misdemeanor. If the offender 40,138
has previously been convicted of an offense under that section, 40,139
he THE OFFENDER is guilty of a misdemeanor of the fourth degree. 40,140
One-half of all fines collected for violation of section 40,142
4755.02 of the Revised Code shall be distributed to the 40,143
occupational therapy section of the Ohio occupational therapy, 40,144
physical therapy, and athletic trainers board and then paid into 40,145
the state treasury to the credit of the general revenue 40,146
OCCUPATIONAL LICENSING AND REGULATORY fund, and one-half to the 40,147
treasury of the municipal corporation in which the offense was 40,148
committed, or if the offense was committed outside the limits of 40,149
a municipal corporation, to the treasury of the county. 40,150
(B) Whoever violates division (A) of section 4755.48 of 40,152
the Revised Code is guilty of a misdemeanor of the third degree. 40,153
(C) Whoever violates division (B), (C), (D), or (F) of 40,155
section 4755.48 of the Revised Code is guilty of a misdemeanor of 40,156
the second degree. 40,157
(D) Whoever violates division (A) or (B) of section 40,159
4755.62 of the Revised Code is guilty of a misdemeanor of the 40,160
first degree. 40,161
Sec. 4757.22. (A) The counselors professional standards 40,170
committee of the counselor and social worker board shall issue a 40,171
license to practice as a professional clinical counselor to each 40,173
applicant who submits a properly completed application, pays the
903
fee established under section 4757.31 of the Revised Code, and 40,174
meets the requirements specified in division (B) of this section. 40,175
(B) To be eligible for a professional clinical counselor 40,177
license, an individual must meet the following requirements: 40,178
(1) The individual must be of good moral character. 40,180
(2) The individual must hold from an accredited 40,182
educational institution a graduate degree in counseling. 40,183
(3) The individual must complete a minimum of ninety 40,185
quarter hours of graduate credit in counselor training acceptable 40,187
to the committee, including a minimum of thirty quarter hours of 40,188
instruction in the following areas:
(a) Clinical psychopathology, personality, and abnormal 40,190
behavior;
(b) Evaluation of mental and emotional disorders; 40,192
(c) Diagnosis of mental and emotional disorders; 40,194
(d) Methods of prevention, intervention, and treatment of 40,196
mental and emotional disorders. 40,197
(4) The individual must complete, in either a private or 40,199
clinical counseling setting, supervised experience in counseling 40,201
that is of a type approved by the committee, is supervised by a 40,202
professional clinical counselor or other qualified professional 40,203
approved by the committee, and is in the following amounts: 40,204
(a) In the case of an individual holding only a master's 40,206
degree, not less than two years of experience, which must be 40,207
completed after the award of the master's degree; 40,208
(b) In the case of an individual holding a doctorate, not 40,210
less than one year of experience, which must be completed after 40,211
the award of the doctorate. 40,212
(5) The individual must pass a field evaluation that meets 40,214
the following requirements: 40,215
(a) Has been completed by the applicant's instructors, 40,218
employers, supervisors, or other persons determined by the
committee to be competent to evaluate an individual's 40,219
professional competence;
904
(b) Includes documented evidence of the quality, scope, 40,221
and nature of the applicant's experience and competence in 40,223
diagnosing and treating mental and emotional disorders. 40,224
(6) The individual must pass an examination administered 40,226
by the board for the purpose of determining ability to practice 40,228
as a professional clinical counselor.
(C) To be accepted by the committee for purposes of 40,230
division (B) of this section, counselor training must include at 40,231
least the following: 40,232
(1) Instruction in human growth and development; 40,234
counseling theory; counseling techniques; group dynamics, 40,235
processing, and counseling; appraisal of individuals; research 40,236
and evaluation; professional, legal, and ethical
responsibilities; social and cultural foundations; and lifestyle 40,237
and career development; 40,238
(2) Participation in a supervised practicum or AND 40,240
internship in counseling. 40,241
(D) The committee may issue a provisional license to an 40,243
applicant who meets all of the requirements to be licensed under 40,244
this section, pending the receipt of transcripts or action by the 40,245
committee to issue a license to practice as a professional 40,246
clinical counselor.
(E) An individual may not sit for the licensing 40,248
examination unless the individual meets the educational 40,249
requirements to be licensed under this section. An individual 40,250
who is denied admission to the licensing examination may appeal 40,251
the denial in accordance with Chapter 119. of the Revised Code. 40,252
(F) The board shall adopt any rules necessary for the 40,254
committee to implement this section, including criteria for the 40,255
committee to use in determining whether an applicant's training 40,256
should be accepted and supervised experience approved. Rules 40,257
adopted under this division shall be adopted in accordance with 40,258
Chapter 119. of the Revised Code.
Sec. 4757.23. (A) The counselors professional standards 40,267
905
committee of the counselor and social worker board shall issue a 40,268
license as a professional counselor to each applicant who submits 40,269
a properly completed application, pays the fee established under 40,270
section 4757.31 of the Revised Code, and meets the requirements 40,271
established under division (B) of this section. 40,272
(B) To be eligible for a license as a professional 40,274
counselor, an individual must meet the following requirements: 40,275
(1) The individual must be of good moral character. 40,277
(2) The individual must hold from an accredited 40,279
educational institution a graduate degree in counseling. 40,280
(3) The individual must complete a minimum of ninety 40,282
quarter hours of graduate credit in counselor training acceptable 40,284
to the committee, which the individual may complete while working 40,285
toward receiving a graduate degree in counseling or subsequent to 40,286
receiving the degree.
(4) The individual must pass an examination administered 40,289
by the board for the purpose of determining ability to practice 40,291
as a professional counselor.
(C) To be accepted by the committee for purposes of 40,293
division (B) of this section, counselor training must include at 40,294
least the following: 40,295
(1) Instruction in human growth and development; 40,298
counseling theory; counseling techniques; group dynamics, 40,299
processing, and counseling; appraisal of individuals; research 40,300
and evaluation; professional, legal, and ethical
responsibilities; social and cultural foundations; and lifestyle 40,301
and career development; 40,302
(2) Participation in a supervised practicum or AND 40,305
internship in counseling.
(D) The committee may issue a provisional license to an 40,307
applicant who meets all of the requirements to be licensed under 40,308
this section, pending the receipt of transcripts or action by the 40,309
committee to issue a license as a professional counselor. 40,310
(E) An individual may not sit for the licensing 40,312
906
examination unless the individual meets the educational 40,313
requirements to be licensed under this section. An individual 40,314
who is denied admission to the licensing examination may appeal 40,315
the denial in accordance with Chapter 119. of the Revised Code. 40,316
(F) The board shall adopt any rules necessary for the 40,318
committee to implement this section, including criteria for the 40,319
committee to use in determining whether an applicant's training 40,320
should be accepted. Rules adopted under this division shall be 40,321
adopted in accordance with Chapter 119. of the Revised Code. 40,322
Sec. 4757.31. (A) Subject to division (B) of this 40,332
section, the counselor and social worker board shall establish, 40,333
and may from time to time adjust, fees to be charged for the 40,334
following:
(1) Examination for licensure as a professional clinical 40,336
counselor, professional counselor, social worker, or independent 40,337
social worker; 40,338
(2) Initial licenses of professional clinical counselors, 40,340
professional counselors, social workers, and independent social 40,341
workers, except that the board shall charge only one fee to a 40,343
person who fulfills all requirements for both an initial license 40,344
as a social worker or independent social worker and an initial 40,345
license as a professional counselor or professional clinical 40,346
counselor;
(3) Initial certificates of registration of social work 40,348
assistants;
(4) Renewal of licenses of professional clinical 40,350
counselors, professional counselors, social workers, and 40,351
independent social workers and renewal of certificates of 40,352
registration of social work assistants. 40,353
(B) The fees charged under division (A)(1) of this section 40,356
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The 40,357
fees charged under divisions (A)(2), (3), and (4) of this section 40,359
shall be nonrefundable and shall be established in amounts 40,360
907
sufficient to cover the necessary expenses in administering this 40,361
chapter and rules adopted under it that are not covered by fees 40,362
charged under division (A)(1) or (C) of this section. The 40,363
renewal fee for a license or certificate of registration shall 40,364
not be less than the initial fee for that license or certificate. 40,365
The fees charged for licensure and registration and the renewal 40,366
of licensure and registration may differ for the various types of 40,367
licensure and registration, but shall not exceed seventy-five 40,368
dollars each, unless the board determines that amounts in excess 40,369
of seventy-five dollars are needed to cover its necessary 40,370
expenses in administering this chapter and rules adopted under it 40,371
and the amounts in excess of seventy-five dollars are approved by 40,372
the controlling board. 40,373
(C) All receipts of the board shall be deposited in the 40,375
state treasury to the credit of the occupational licensing and 40,376
regulatory fund. All vouchers of the board shall be signed 40,377
APPROVED by the chairperson or executive director of the board, 40,379
or both, as authorized by the board. 40,380
Sec. 4759.08. (A) The Ohio board of dietetics shall 40,390
charge and collect fees as described in this section for issuing 40,391
the following: 40,392
(1) An application for an initial dietitian license, or an 40,394
application for reinstatement of an inactive license, one hundred 40,395
ten dollars, and for reinstatement of a lapsed, revoked, or 40,396
suspended license, one hundred sixty-five dollars; 40,397
(2) License renewal, eighty dollars; 40,399
(3) A limited permit, and renewal of the permit, 40,401
fifty-five dollars; 40,402
(4) A duplicate license or permit, twenty dollars; 40,404
(5) For processing a late application for renewal of any 40,406
license or permit, an additional fee equal to fifty per cent of 40,407
the fee for the renewal. 40,408
(B) The board shall not require a licensed dietitian 40,410
holding an inactive license to pay the renewal fee. 40,411
908
(C) Subject to the approval of the controlling board, the 40,413
Ohio board of dietetics may establish fees in excess of the 40,414
amounts provided in division (A) of this section, provided that 40,415
the fees do not exceed the amounts by greater than fifty per 40,416
cent. 40,417
(D) The board may adopt rules pursuant to Chapter 119. of 40,419
the Revised Code to waive all or part of the fee for an initial 40,420
license if the license is issued within one hundred days of the 40,421
date of expiration of the license. 40,422
(E) All receipts of the board shall be deposited in the 40,424
state treasury to the credit of the occupational licensing and 40,425
regulatory fund. All vouchers of the board shall be signed 40,426
APPROVED by the chairman CHAIRPERSON or secretary of the board, 40,428
or both, as authorized by the board. 40,429
Sec. 4763.01. As used in this chapter: 40,438
(A) "Real estate appraisal" or "appraisal" means an 40,440
analysis, opinion, or conclusion relating to the nature, quality, 40,441
value, or utility of specified interests in, or aspects of 40,442
identified real estate that is classified as either a valuation 40,443
or an analysis. 40,444
(B) "Valuation" means an estimate of the value of real 40,446
estate. 40,447
(C) "Analysis" means a study of real estate for purposes 40,449
other than valuation. 40,450
(D) "Appraisal report" means a written communication of a 40,452
real estate appraisal or an oral communication of a real estate 40,453
appraisal accompanied by a writing that supports the oral 40,454
communication. 40,455
(E) "Appraisal assignment" means an engagement for which a 40,457
person licensed or certified under this chapter is employed or 40,458
retained to act, or would be perceived by third parties or the 40,459
public as acting, as a disinterested third party in rendering an 40,460
unbiased real estate appraisal. 40,461
(F) "Specialized services" means all appraisal services, 40,463
909
other than appraisal assignments, including, but not limited to, 40,464
valuation and analysis given in connection with activities such 40,465
as real estate brokerage, mortgage banking, real estate 40,466
counseling, and real estate tax counseling, and specialized 40,467
marketing, financing, and feasibility studies. 40,468
(G) "Real estate" has the same meaning as in section 40,470
4735.01 of the Revised Code. 40,471
(H) "Appraisal foundation" means a nonprofit corporation 40,473
incorporated under the laws of the state of Illinois on November 40,474
30, 1987, for the purposes of establishing and improving uniform 40,475
appraisal standards by defining, issuing, and promoting those 40,476
standards; establishing appropriate criteria for the 40,477
certification and recertification of qualified appraisers by 40,478
defining, issuing, and promoting the qualification criteria and 40,479
disseminating the qualification criteria to others; and 40,480
developing or assisting in development of appropriate 40,481
examinations for qualified appraisers. 40,482
(I) "Prepare" means to develop and communicate, whether 40,484
through a personal physical inspection or through the act or 40,485
process of critically studying a report prepared by another who 40,486
made the physical inspection, an appraisal, analysis, or opinion, 40,487
or specialized service and to report the results. If the person 40,488
who develops and communicates the appraisal or specialized 40,489
service does not make the personal inspection, the name of the 40,490
person who does make the personal inspection shall be identified 40,491
on the appraisal or specialized service reported. 40,492
(J) "Report" means any communication, written, oral, or by 40,494
any other means of transmission of information, of a real estate 40,495
appraisal or specialized service that is transmitted to a client 40,496
or employer upon completion of the appraisal or service. 40,497
(K) "State-certified general real estate appraiser" means 40,499
any person who satisfies the certification requirements of this 40,500
chapter relating to the appraisal of all types of real property 40,501
and who holds a current and valid certificate or renewal 40,502
910
certificate issued to the person pursuant to this chapter. 40,503
(L) "State-certified residential real estate appraiser" 40,505
means any person who satisfies the certification requirements 40,506
only relating to the appraisal of one to four units of 40,507
single-family residential real estate without regard to 40,508
transaction value or complexity and who holds a current and valid 40,509
certificate or renewal certificate issued to the person pursuant
to this chapter. 40,510
(M) "State-licensed residential real estate appraiser" 40,512
means any person who satisfies the licensure requirements of this 40,513
chapter relating to the appraisal of noncomplex one-to-four unit 40,514
single-family residential real estate having a transaction value 40,515
of less than one million dollars and complex one-to-four unit 40,516
single-family residential real estate having a transaction value 40,517
of less than two hundred fifty thousand dollars and who holds a 40,518
current and valid license or renewal license issued to him THE 40,519
PERSON pursuant to this chapter. 40,520
(N) "Certified or licensed real estate appraisal" means an 40,522
appraisal prepared and reported by a certificate holder or 40,523
licensee under this chapter acting within the scope of his 40,524
certification or licensure and as a disinterested third party. 40,526
(O) "State-registered real estate appraiser assistant" 40,528
means any person, other than a state-certified general real 40,529
estate appraiser, state-certified residential real estate 40,530
appraiser, or a state-licensed residential real estate appraiser, 40,531
who satisfies the registration requirements of this chapter for 40,532
participating in the development and preparation of real estate 40,533
appraisals and who holds a current and valid registration or
renewal registration issued to the person pursuant to this 40,534
chapter.
(P) "Institution of higher education" means a state 40,536
university or college, a private college or university located in 40,537
this state that possesses a certificate of authorization issued 40,538
by the Ohio board of regents pursuant to Chapter 1713. of the 40,539
911
Revised Code, or an accredited college or university located 40,540
outside this state that is accredited by an accrediting 40,541
organization or professional accrediting association recognized 40,542
by the Ohio board of regents. 40,543
(Q) "DIVISION OF REAL ESTATE" MAY BE USED INTERCHANGEABLY 40,546
WITH, AND FOR ALL PURPOSES HAS THE SAME MEANING AS, "DIVISION OF 40,547
REAL ESTATE AND PROFESSIONAL LICENSING." 40,548
(R) "SUPERINTENDENT" OR "SUPERINTENDENT OF REAL ESTATE" 40,551
MEANS THE SUPERINTENDENT OF THE DIVISION OF REAL ESTATE AND 40,552
PROFESSIONAL LICENSING OF THIS STATE. WHENEVER THE DIVISION OR 40,553
SUPERINTENDENT OF REAL ESTATE IS REFERRED TO OR DESIGNATED IN ANY 40,554
STATUTE, RULE, CONTRACT, OR OTHER DOCUMENT, THE REFERENCE OR 40,555
DESIGNATION SHALL BE DEEMED TO REFER TO THE DIVISION OR 40,556
SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING, AS THE 40,557
CASE MAY BE.
Sec. 4767.01. As used in sections 4767.01 to 4767.08 of 40,566
the Revised Code, "cemetery: 40,567
(A) "CEMETERY," "interment," "burial right," "entombment 40,569
right," and "columbarium right" have the same meanings as in 40,571
section 1721.21 of the Revised Code. " 40,572
(B) "Political subdivision" has the same meaning as in 40,574
section 3501.01 of the Revised Code. 40,576
(C) "DIVISION OF REAL ESTATE" MAY BE USED INTERCHANGEABLY 40,579
WITH, AND FOR ALL PURPOSES HAS THE SAME MEANING AS, "DIVISION OF 40,580
REAL ESTATE AND PROFESSIONAL LICENSING." 40,581
(D) "SUPERINTENDENT" OR "SUPERINTENDENT OF THE DIVISION OF 40,584
REAL ESTATE" MEANS THE SUPERINTENDENT OF THE DIVISION OF REAL 40,585
ESTATE AND PROFESSIONAL LICENSING OF THIS STATE. WHENEVER THE 40,586
DIVISION OR SUPERINTENDENT OF REAL ESTATE IS REFERRED TO OR 40,587
DESIGNATED IN ANY STATUTE, RULE, CONTRACT, OR OTHER DOCUMENT, THE 40,588
REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO THE DIVISION 40,589
OR SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING, AS 40,590
THE CASE MAY BE. 40,591
Sec. 4901.10. The office of the public utilities 40,600
912
commission shall be at the seat of government in Columbus, in 40,601
suitable quarters provided by the state, and shall be open 40,603
between eight-thirty a.m. and five-thirty p.m. throughout the
year, SATURDAYS, Sundays, and legal holidays excepted. The 40,605
commission shall hold its sessions at least once in each calendar 40,606
month in Columbus, but may also MAY meet at such other times and 40,609
places as are necessary for the proper performance of its duties. 40,610
For the purpose of holding sessions in places other than the seat
of government, the commission may rent quarters or offices, the 40,611
expense of which, in connection therewith, shall be paid in the 40,612
same manner as other authorized expenses. 40,613
Sec. 4901.19. The public utilities commission may appoint 40,622
a secretary, attorney examiners, experts, engineers, accountants, 40,623
and such other officers as it considers necessary, who shall be 40,624
in the classified civil service except for persons in attorney 40,625
examiner or supervisory policy-making positions, who shall serve 40,626
at the pleasure of the commission. The commission's discretion 40,627
as to whether or not a position is an attorney examiner position 40,628
or a supervisory policy-making position shall be exercised upon 40,629
the affirmative vote of at least four commissioners. All 40,630
vouchers for the payment of officers, experts, examiners, 40,631
engineers, statisticians, accountants, inspectors, stenographers, 40,632
clerks, and other employees of the commission shall be signed 40,633
APPROVED by two public utilities commissioners. 40,635
The secretary, or such other officer as is designated by 40,637
the commission, shall keep a complete record of all proceedings 40,638
of the commission, issue all necessary process, writs, warrants, 40,639
and notices, and keep all books, maps, documents, and papers 40,640
ordered filed by the commission, or approved and confirmed by it 40,641
and ordered filed. Such secretary or other officer shall be 40,642
responsible to the commission for the custody and safe 40,643
preservation of all documents in its office. Under the direction 40,644
of the commission, the secretary or any other officer shall 40,645
perform such duties as the commission prescribes. The secretary 40,647
913
and attorney examiners may administer oaths in all parts of the 40,648
state insofar as the exercise of such power is properly 40,649
incidental to the performance of their duties or the duties of 40,650
the commission.
Sec. 4903.10. After any order has been made by the public 40,659
utilities commission, any party who has entered an appearance in 40,660
person or by counsel in the proceeding may apply for a rehearing 40,661
in respect to any matters determined in said THE proceeding. 40,662
Such application shall be filed within thirty days after the 40,664
entry of the order upon the journal of the commission. 40,665
Notwithstanding the preceding paragraph, in any uncontested 40,667
proceeding or, by leave of the commission first had in any other 40,668
proceeding, any affected person, firm, or corporation may make an 40,669
application for a rehearing within thirty days after the entry of 40,670
any final order upon the journal of the commission. Leave to 40,671
file an application for rehearing shall not be granted to any 40,672
person, firm, or corporation who did not enter an appearance in 40,673
the proceeding unless the commission first finds: 40,674
(A) The applicant's failure to enter an appearance prior 40,676
to the entry upon the journal of the commission of the order 40,677
complained of was due to just cause; and, 40,678
(B) The interests of the applicant were not adequately 40,680
considered in the proceeding. 40,681
Every applicant for rehearing or for leave to file an 40,683
application for rehearing shall give due notice of the filing of 40,684
such application to all parties who have entered an appearance in 40,685
the proceeding in the manner and form prescribed by the 40,686
commission. 40,687
Such application shall be in writing and shall set forth 40,689
specifically the ground or grounds on which the applicant 40,690
considers said THE order to be unreasonable or unlawful. No 40,691
party shall in any court urge or rely on any ground for reversal, 40,693
vacation, or modification not so set forth in said THE 40,694
application. 40,695
914
Where such application for rehearing has been filed before 40,697
the effective date of the order as to which a rehearing is 40,698
sought, the effective date of such order shall, unless otherwise 40,699
ordered by the commission, SHALL be postponed or stayed pending 40,700
disposition of the matter by the commission or by operation of 40,701
law. In all other cases the making of such an application shall 40,702
not excuse any person from complying with the order, or operate 40,703
to stay or postpone the enforcement thereof, without a special 40,704
order of the commission. 40,705
Where such application for rehearing has been filed, the 40,707
commission may grant and hold such rehearing on the matter 40,708
specified in such application, if in its judgment sufficient 40,709
reason therefor is made to appear. Notice of such rehearing 40,710
shall be given by registered REGULAR mail to all parties who have 40,712
entered an appearance in the proceeding. 40,713
If the commission does not grant or deny such application 40,715
for rehearing within thirty days from the date of filing thereof, 40,716
it is denied by operation of law. 40,717
Where IF the commission grants such rehearing, it shall 40,719
specify in the notice of such granting the purpose for which it 40,720
is granted. The commission shall also specify the scope of the 40,721
additional evidence, if any, which THAT will be taken, but it 40,722
shall not upon such rehearing take any evidence which THAT, with 40,724
reasonable diligence, could have been offered upon the original 40,726
hearing.
If, after such rehearing, the commission is of the opinion 40,728
that the original order or any part thereof is in any respect 40,729
unjust or unwarranted, or should be changed, the commission may 40,730
abrogate or modify the same; otherwise such order shall be 40,731
affirmed. An order made after such rehearing, abrogating or 40,732
modifying the original order, shall have the same effect as an 40,733
original order, but shall not affect any right or the enforcement 40,734
of any right arising from or by virtue of the original order 40,735
prior to the receipt of notice by the affected party of the 40,736
915
filing of the application for rehearing. 40,737
No cause of action arising out of any order of the 40,739
commission, other than in support of said THE order, shall accrue 40,741
in any court to any person, firm, or corporation unless such 40,742
person, firm, or corporation has made a proper application to the 40,743
commission for a rehearing. 40,744
Sec. 4903.11. No proceeding to reverse, vacate, or modify 40,753
a final order of the public utilities commission is commenced 40,755
unless the notice of appeal is filed within sixty days after the 40,756
date of denial of the application for rehearing by operation of 40,757
law or of the entry upon the journal of the commission of the
order denying an application for rehearing or, if a rehearing is 40,758
had, of the order made after such rehearing. An order denying an 40,759
application for rehearing or an order made after a rehearing 40,761
shall be served forthwith by registered REGULAR mail upon all 40,764
parties who have entered an appearance in the proceeding.
Sec. 4903.23. The public utilities commission and OR power 40,773
siting board shall MAY charge and collect A FEE, WHICH SHALL NOT 40,775
EXCEED COST, for furnishing any copy of any paper, record,
testimony, or writing made, taken, or filed under Chapters 4901., 40,776
4903., 4905., 4906., 4907., 4909., 4921., and 4923. of the 40,777
Revised Code, except such transcript and other papers as are 40,779
required to be filed in any court proceedings authorized in such 40,780
chapters, whether under seal and certified to or otherwise, the 40,781
same fees; AND MAY CHARGE AND COLLECT A FEE FOR CERTIFYING A 40,782
DOCUMENT, WHICH SHALL NOT EXCEED THAT charged by the secretary of 40,783
state UNDER DIVISION (K) OF SECTION 111.16 OF THE REVISED CODE.
Such ALL SUCH fees, itemized, shall be paid into the state 40,785
treasury on the first day of each month. Upon 40,786
UPON application of any person and payment of the proper 40,789
fee, the commission or board shall furnish certified copies under 40,790
the seal of the commission or board of any order made by it, 40,791
which order is prima-facie evidence in any court of the facts 40,792
stated in such copies. The copies of schedules, classifications, 40,793
916
and tariffs of rates, tolls, prices, rentals, regulations, 40,794
practices, services, fares, and charges, and copies of all 40,795
contracts, agreements, and arrangements between public utilities 40,796
and railroads, or either, filed with the public utilities 40,797
commission, and the statistics, tables, and figures contained in 40,798
the annual or other reports of such companies made to the public 40,799
utilities commission as required by such chapters, shall be 40,800
preserved as public records in the custody of the commission and 40,801
shall be received as prima-facie evidence of what they purport to 40,802
be, for the purpose of investigations and prosecutions by the 40,803
commission and in all judicial proceedings. Copies of and 40,804
extracts from any of such schedules, classifications, tariffs, 40,805
contracts, agreements, arrangements, or reports, made public 40,806
records, certified by the public utilities commission under its 40,807
seal, shall be received in evidence with like effect as the 40,808
originals. Copies of any order made by the public utilities 40,809
commission or power siting board, certified under the seal of 40,810
such commission or board, shall be furnished to any person upon 40,811
application.
Sec. 4905.10. (A) For the sole purpose of maintaining and 40,820
administering the public utilities commission and exercising its 40,821
supervision and jurisdiction over the railroads and public 40,822
utilities of the state, an amount equivalent to the appropriation 40,823
FROM THE PUBLIC UTILITIES FUND to the public utilities commission 40,824
for administration of the utilities division RAILROAD AND PUBLIC 40,826
UTILITIES REGULATION in each fiscal year shall be apportioned 40,827
among and assessed against the railroads and public utilities 40,828
within the state by the commission by first computing an 40,829
assessment as though it were to be made in proportion to the 40,830
intrastate gross earnings or receipts, excluding earnings or 40,831
receipts from sales to other public utilities for resale, of the 40,832
railroads and public utilities for the calendar year next 40,833
preceding that in which the assessments are made. The final 40,834
computation of the assessment shall consist of imposing upon each 40,835
917
railroad and public utility whose assessment under the first 40,836
computation would have been fifty dollars or less an assessment 40,837
of fifty dollars and recomputing the assessment of the remaining 40,838
railroads and public utilities by apportioning an amount equal to 40,839
the appropriation to the public utilities commission for 40,840
administration of the utilities division in each fiscal year less 40,841
the total amount to be recovered from those paying the minimum 40,842
assessment, in proportion to the intrastate gross earnings or 40,843
receipts of the remaining railroads and public utilities for the 40,844
calendar year next preceding that in which the assessments are 40,845
made.
(B) On or before the first day of October in each year, 40,847
the commission shall notify each such railroad and public utility 40,848
of the sum assessed against it, whereupon payment shall be made 40,849
to the commission, which shall deposit it into the state treasury 40,850
to the credit of the general revenue PUBLIC UTILITIES fund, WHICH 40,852
IS HEREBY CREATED. Any such amounts paid into the general 40,853
revenue fund, but not expended by the commission, shall be 40,854
credited ratably, after first deducting any deficits accumulated 40,855
from prior years, by the commission to railroads and public 40,856
utilities that pay more than the minimum assessment, according to 40,857
the respective portions of such sum assessable against them for 40,858
the ensuing calendar year. The assessments for such calendar 40,859
year shall be reduced correspondingly. 40,860
WITHIN FIVE DAYS AFTER THE BEGINNING OF EACH FISCAL YEAR, 40,862
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER FROM THE 40,863
GENERAL REVENUE FUND TO THE PUBLIC UTILITIES FUND AN AMOUNT 40,864
SUFFICIENT FOR MAINTAINING AND ADMINISTERING THE PUBLIC UTILITIES 40,866
COMMISSION AND EXERCISING ITS SUPERVISION AND JURISDICTION OVER 40,867
THE RAILROADS AND PUBLIC UTILITIES OF THE STATE DURING THE FIRST 40,868
FOUR MONTHS OF THE FISCAL YEAR. NOT LATER THAN THE THIRTY-FIRST 40,869
DAY OF DECEMBER OF THE FISCAL YEAR, THE SAME AMOUNT SHALL BE 40,871
TRANSFERRED BACK TO THE GENERAL REVENUE FUND FROM THE PUBLIC 40,872
UTILITIES FUND.
918
(C) Each public utilities commissioner shall receive a 40,874
salary fixed at the level set by pay range 49 under schedule E-2 40,875
of section 124.152 of the Revised Code. 40,876
Sec. 4905.21. Any railroad or any political subdivision 40,886
desiring to abandon, close, or have abandoned, withdrawn, or 40,887
closed for traffic or service all or any part of a main track or 40,888
depot, and any public utility or political subdivision desiring 40,889
to abandon or close, or have abandoned, withdrawn, or closed for 40,890
traffic or service all or any part of any line, pumping station, 40,891
generating plant, power station, sewage treatment plant, or 40,892
service station, referred to in section 4905.20 of the Revised 40,893
Code, shall make application to the public utilities commission 40,894
in writing. The commission shall thereupon cause reasonable 40,895
notice of the application to be given, stating the time and place 40,896
fixed by the commission for the hearing of said THE application. 40,897
Upon the hearing of said THE application, the commission 40,899
shall ascertain the facts and make its findings thereon, and if 40,900
such facts satisfy the commission that the proposed abandonment, 40,901
withdrawal, or closing for traffic or service is reasonable, 40,902
having due regard for the welfare of the public and the cost of 40,903
operating the service or facility, it may allow such abandonment, 40,904
withdrawal, or closing; otherwise it shall be denied, or if the 40,905
facts warrant, the application may be granted in a modified form. 40,906
If the application asks for the abandonment or withdrawal of any 40,907
main track, main pipe line, gas line, telegraph line, telephone 40,908
toll line, electric light line, water line, sewer line, steam 40,909
pipe line, pumping station, generating plant, power station, 40,910
sewage treatment plant, service station, or the service rendered 40,911
thereby, in such manner as can result in the permanent 40,912
abandonment of service between any two points on such railroad, 40,913
or of service and facilities of any such public utility, no 40,914
application shall be granted unless the railroad or public 40,915
utility has operated said truck THE TRACK, pipe line, gas line, 40,916
telegraph line, telephone toll line, electric light line, water 40,918
919
line, sewer line, steam pipe line, pumping station, generating 40,919
plant, power station, sewage treatment plant, or service station 40,920
for at least five years. Such notice shall be given by 40,921
publication in a newspaper of general circulation throughout any 40,922
county or municipal corporation which has granted a franchise to 40,923
said THE railroad or public utility, under which said THE track, 40,924
pipe line, gas line, telegraph line, telephone toll line, 40,926
electric light line, water line, sewer line, steam pipe line, 40,927
pumping station, generating plant, power station, sewage 40,928
treatment plant, or service station is operated or in which the 40,929
same is located, once a week for four TWO consecutive weeks 40,930
before the hearing of said THE application. Notice of said THE 40,931
hearing shall be given such county, municipal corporation, or 40,933
public utility in the manner provided for the service of orders 40,934
of the commission in section 4903.15 of the Revised Code. This 40,935
section and section 4905.20 of the Revised Code do not apply to a 40,936
gas company when it is removing or exchanging abandoned field 40,937
lines.
This section applies to all service now rendered and 40,939
facilities furnished or hereafter built and operated, and an 40,940
order of the public utilities commission authorizing the 40,941
abandonment or withdrawal of any such service or facility shall 40,942
not affect rights and obligations of a railroad or public utility 40,943
beyond the scope of said THE order, anything in its franchise to 40,944
the contrary notwithstanding. 40,945
Sec. 4905.26. Upon complaint in writing against any public 40,955
utility by any person, firm, or corporation, or upon the 40,956
initiative or complaint of the public utilities commission, that 40,957
any rate, fare, charge, toll, rental, schedule, classification, 40,958
or service, or any joint rate, fare, charge, toll, rental, 40,959
schedule, classification, or service rendered, charged, demanded, 40,960
exacted, or proposed to be rendered, charged, demanded, or 40,961
exacted, is in any respect unjust, unreasonable, unjustly 40,962
discriminatory, unjustly preferential, or in violation of law, or 40,963
920
that any regulation, measurement, or practice affecting or 40,964
relating to any service furnished by said THE public utility, or 40,965
in connection with such service, is, or will be, in any respect 40,967
unreasonable, unjust, insufficient, unjustly discriminatory, or 40,968
unjustly preferential, or that any service is, or will be, 40,969
inadequate or cannot be obtained, and, upon complaint of a public 40,970
utility as to any matter affecting its own product or service, if 40,971
it appears that reasonable grounds for complaint are stated, the 40,972
commission shall fix a time for hearing and shall notify 40,973
complainants and the public utility thereof, and shall publish 40,974
notice thereof in a newspaper of general circulation in each 40,975
county in which complaint has arisen. Such notice shall be 40,976
served and publication made not less than fifteen days nor more 40,977
than thirty days before hearing and shall state the matters 40,978
complained of. The commission may adjourn such hearing from time 40,979
to time. 40,980
The parties to the complaint shall be entitled to be heard, 40,982
represented by counsel, and to have process to enforce the 40,983
attendance of witnesses. 40,984
Upon the filing of a complaint by one hundred subscribers 40,986
or five per cent of the subscribers to any telephone exchange, 40,987
whichever number be smaller, or by the legislative authority of 40,988
any municipal corporation served by such telephone company that 40,989
any regulation, measurement, standard of service, or practice 40,990
affecting or relating to any service furnished by said THE 40,991
telephone company, or in connection with such service is, or will 40,993
be, in any respect unreasonable, unjust, discriminatory, or 40,994
preferential, or that any service is, or will be, inadequate or 40,995
cannot be obtained, the public utilities commission shall fix a 40,996
time for the hearing of such complaint. 40,997
The hearing provided for in the next preceding paragraph 40,999
shall be held in the county wherein resides the majority of the 41,000
signers of such complaint, or wherein is located such municipal 41,001
corporation. Notice of the date, time of day, and location of 41,002
921
the hearing shall be served upon the telephone company complained 41,003
of, upon each municipal corporation served by said THE telephone 41,004
company in the county or counties affected, and shall be 41,005
published for not less than three TWO consecutive weeks in a 41,006
newspaper of general circulation in the county or counties 41,007
affected. 41,008
Such hearing shall be held not less than fifteen nor more 41,010
than thirty days after the third SECOND publication of such 41,011
notice. 41,012
Sec. 4905.66. (A) The public utilities commission shall 41,022
require from each electric light company, the timely submission 41,023
of any data, information, or evaluation pertinent to the fuel 41,024
procurement practices of the company which the commission 41,025
determines is necessary for it to judge the prudence and 41,026
effectiveness of such practices and similar data for the years 41,027
1973, 1974, and any other preceding years that the commission may 41,028
determine to be required for analysis of historical trends. The 41,029
UNLESS OTHERWISE ORDERED BY THE COMMISSION PURSUANT TO AN 41,030
APPLICATION BY ANY PARTY OR THE COMMISSION'S OWN MOTION AND FOR 41,031
GOOD CAUSE SHOWN, THE data, information, and evaluations required 41,032
to be submitted shall include, but are not limited to: 41,033
(1) A report that shall be filed annually, on a date to be 41,035
established by the public utilities commission, for the prior 41,036
fiscal year ending with the month prior to the filing and that 41,037
shall state with respect to each contract that the company has 41,038
entered into for the supply of fuel for the generation of 41,039
electricity: 41,040
(a) The duration of the contract; 41,042
(b) To the extent it is available to the company through 41,044
lawful means, the ownership of the fuel supplier; 41,045
(c) The type of fuel supplied and, where possible, the 41,047
identification and location of the facilities at which it was 41,048
extracted and processed; 41,049
(d) An estimate of the total and periodic amount of fuel 41,051
922
to be supplied under the contract; 41,052
(e) The extent to which a contract for fuel, that is for a 41,054
period longer than one year, is of the "cost plus profit" type. 41,055
Such a contract is of such type, for purposes of this division, 41,056
where IF it requires that an originally bargained price, in 41,057
addition to determined pro rata increases, is paid by the 41,059
company.
(f) The extent to which the electric light company has 41,061
attempted to rectify any abridgement of any rights it may have to 41,062
a supply of fuel under a fuel supply contract that is for a 41,063
period of more than one year. 41,064
(2) An annual report of the fuel procurement practices of 41,066
the company, describing: 41,067
(a) The overall fuel procurement performance of the 41,069
company in the preceding calendar year; 41,070
(b) A description of efforts the company has made to 41,072
reduce overall costs of fuel supply and the success of those 41,073
efforts. 41,074
(3) A report that shall be filed each month for the prior 41,076
calendar month and that shall state: 41,077
(a) The name and address of each supplier of fuel to the 41,079
company for the generation of electricity; 41,080
(b) With respect to the cost of purchases made by the 41,082
company in the period covered by the report, the invoice price of 41,083
each weight or volume unit of fuel supplied to the company for 41,084
the generation of electricity; 41,085
(c) With respect to the cost of deliveries made to the 41,087
company in the period covered by the report, the applicable 41,088
delivery costs of the company; 41,089
(d) The quantity of British thermal units consumed by the 41,091
company in the generation of electricity; 41,092
(e) The cost to the company of each million British 41,094
thermal units consumed by the company in the generation of 41,095
electricity; 41,096
923
(f) The amount of net kilowatt hours generated by the 41,098
company; 41,099
(g) The amount of fuel component expressed in cents per 41,101
kilowatt hour plus or minus the fuel component so expressed for 41,102
the previous base period reported. 41,103
(B)(1) For the purpose of evaluating the fuel related 41,105
practices and policies of each electric light company, the public 41,106
utilities commission shall make a monthly review of all the data 41,107
contained in the monthly report submitted by an electric light 41,108
company, pursuant to division (A)(3) of this section, including 41,109
whatever additional information is considered appropriate by the 41,110
commission. 41,111
(2) During its consideration of an application filed 41,113
pursuant to section 4909.18 of the Revised Code, or at least 41,114
annually, the public utilities commission shall conduct an audit 41,115
of fuel related policies and practices of each electric light 41,116
company or cause such an audit to be conducted. 41,117
(3) A report of the findings made by the public utilities 41,119
commission pursuant to the audit required by division (B)(2) of 41,120
this section, together with any orders that the commission may 41,121
have made in the prior year relating to the fuel purchase 41,122
activities of electric light companies and the results of the 41,123
actual performance of each electric light company as compared 41,124
against the rule adopted pursuant to section 4905.69 of the 41,125
Revised Code shall be submitted by the commission to the general 41,126
assembly with the submission of the commission's annual report. 41,127
(C) All data pertaining to the acquisition of fuel filed 41,129
with the federal energy regulatory commission shall be filed with 41,130
the public utilities commission simultaneously. 41,131
(D) In addition to any rights that may accrue to any 41,133
person under section 4905.07 of the Revised Code, all data, 41,134
information, and evaluations obtained by the commission pursuant 41,135
to divisions (A), (B), and (C) of this section, together with a 41,136
written transcript of any proceedings related to the hearings 41,137
924
conducted by the commission pursuant to section 4905.301 or 41,138
4909.191 of the Revised Code, shall be available for public 41,139
inspection during the regular business hours of the commission. 41,140
The commission shall have a reasonable time to fill any requests 41,141
for data that it retains solely in electronic data processing 41,142
format. The commission may charge a sum not to exceed the cost 41,143
of filling such a request. 41,144
(E) The public utilities commission shall, within NO LATER 41,146
THAN thirty days of AFTER THE DATE OF FILING OF the report filed 41,148
in conformity with UNDER division (A)(3) of this section, THE 41,150
COMMISSION SHALL examine and determine for the period covered by 41,151
the report: 41,152
(1) Whether the payments made as a result of acquisition 41,154
and delivery costs have been erroneously reported; 41,155
(2) The arithmetic accuracy of all amounts relating to the 41,157
fuel component charged to the customers of the company in bills 41,158
to such customers mailed in the period covered by the report. 41,159
(F) The public utilities commission shall annually file 41,161
with the legislative clerk of the house of representatives, the 41,162
clerk of the senate, the chairman of the house 41,163
finance-appropriations committee, and the chairman of the senate 41,165
finance committee an administrative plan for the implementation
of its responsibilities under this section and sections 4905.301, 41,166
4905.67, and 4909.159 of the Revised Code, and the rule 41,167
promulgated pursuant to section 4905.69 of the Revised Code. Such 41,169
plan shall include, but not be limited to, a description of the 41,170
commission's commitment of budgetary resources for:
(1) Monitoring fuel reports; 41,172
(2) Conducting audits and hearings; and 41,174
(3) Developing on-going expert analysis and investigation 41,176
of electric light company fuel costs. 41,177
Sec. 4905.69. The public utilities commission shall 41,187
promulgate a rule that:
(A) Establishes a formula or formulae by which the 41,189
925
efficiency of the fuel procurement and utilization practices of 41,190
electric light companies may be effectively measured; 41,191
(B) Requires the reporting of such data by electric light 41,193
companies as the commission considers necessary for the periodic 41,194
development by the commission of the measurement stated in 41,195
division (A) of this section; 41,196
(C) Establishes incentives, in terms of costs that may be 41,198
recovered by electric light companies pursuant to a fuel 41,199
component for the implementation and employment by such companies 41,200
of efficient fuel procurement and utilization practices; 41,201
(D) Implements the fuel component requirements provided in 41,203
Chapters 4905. and 4909. of the Revised Code by establishing 41,204
investigative procedures and proceedings, consistent with such 41,205
chapters, including, but not limited to, periodic reports, 41,206
audits, and hearings; 41,207
(E) Implements division (E) of section 4909.191 of the 41,209
Revised Code for adjustment of the fuel component; 41,210
(F) Establishes one or more formulae or procedures, or any 41,212
combination thereof, by which acquisition and delivery costs of 41,213
fuel are included in determining the allowable fuel component in 41,214
rates charged by the electric light company pursuant to Chapters 41,215
4905. and 4909. of the Revised Code; 41,216
(G) Requires the reporting of all expenses incurred by the 41,218
electric light company in order to comply with this section and 41,219
sections 4905.301, 4905.66, 4905.67, and 4909.191 of the Revised 41,220
code CODE; 41,221
(H) Implements section 4905.301 and division (E) of 41,223
section 4909.191 of the Revised Code for recovery of Ohio coal 41,224
research and development costs. 41,225
The public utilities commission may promulgate rules, 41,227
consistent with Chapters 4905. and 4909. of the Revised Code, to 41,228
enforce the fuel component requirements provided in such chapters 41,229
by establishing methods, including, but not limited to, an 41,230
exclusion from the fuel component of fuel acquisition and 41,231
926
delivery costs arising from either unfulfilled contractual 41,232
obligations of fuel suppliers or unreasonable fuel purchase 41,233
arrangements between an electric light company and the company's 41,234
owned, controlled, or subsidiary fuel supplier. 41,235
The public utilities commission shall annually publish or 41,237
cause to be published a report that shows the results of the 41,238
actual performance of each electric light company as compared 41,239
against the rule established pursuant to this section. 41,240
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 41,249
of the Revised Code: 41,250
(1) "Uniform registration" has the same meaning as 41,252
"registration" as used in the final report submitted to the 41,253
United States secretary of transportation, pursuant to subsection 41,254
(c) of section 22 of the "Hazardous Materials Transportation 41,255
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 41,256
1819.
(2) "Uniform permit" has the same meaning as "permit" as 41,258
used in the final report submitted to the United States secretary 41,259
of transportation, pursuant to subsection (c) of section 22 of 41,260
the "Hazardous Materials Transportation Uniform Safety Act of 41,261
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 41,262
(B)(1) The public utilities commission may adopt rules 41,264
applicable to the uniform registration and uniform permitting of 41,265
persons engaged in the highway transportation of hazardous 41,266
materials into, through, or within this state. Until November 41,267
17, 1998 2000, rules adopted under this division shall be 41,268
consistent with, and equivalent in scope, coverage, and content 41,270
to, the final report submitted to the United States secretary of 41,271
transportation pursuant to subsection (c) of section 22 of the 41,272
"Hazardous Materials Transportation Uniform Safety Act of 1990," 41,273
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 41,274
November 17, 1998 2000, the rules shall be consistent with, and 41,276
equivalent in scope, coverage, and content to, section 22 of the 41,277
"Hazardous Materials Transportation Uniform Safety Act of 1990," 41,278
927
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 41,279
adopted under that section. The commission may adopt additional 41,280
rules for the implementation and administration of the uniform 41,281
registration and permitting system established by rule under this 41,282
section, including rules staggering the registration date for 41,283
carriers and reducing or extending, by no more than one year, the 41,284
permit renewal period for carriers. 41,285
Rules adopted or amended under division (B)(1) of this 41,287
section on or after November 17, 1998 2000, shall be adopted or 41,288
amended in accordance with Chapter 119. of the Revised Code. 41,290
(2) For the purpose of minimizing filing requirements 41,292
regarding any background investigation required for the issuance 41,293
of a uniform permit as a carrier of hazardous wastes, the 41,294
commission shall accept from any applicant for such a permit any 41,295
refiling of information the applicant has filed with the office 41,296
of the attorney general under section 3734.42 of the Revised Code 41,297
or any reference to such information, if the refiled or 41,298
referenced information is on file with the office of the attorney 41,299
general, is accurate and timely for the commission's purposes 41,300
under this section, and is supplemented by any additional 41,301
information the commission requires. The office of the attorney 41,302
general, as necessary for any such background investigation, 41,303
shall make accessible to the commission any such information 41,304
referenced or refiled in an application for a uniform permit as a 41,305
carrier of hazardous wastes that the attorney general determines 41,306
may be disclosed in accordance with section 3734.42 of the 41,307
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 41,308
Revised Code affects any limitations under section 3734.42 of the 41,309
Revised Code on the disclosure of that information. 41,310
(C)(1) The fees for uniform registration and a uniform 41,312
permit as a carrier of hazardous materials shall consist of the 41,313
following: 41,314
(a) A processing fee of fifty dollars; 41,316
(b) An apportioned per-truck registration fee, which shall 41,318
928
be calculated by multiplying the percentage of a registrant's 41,319
activity in this state times the percentage of the registrant's 41,320
business that is hazardous-materials-related, times the number of 41,321
vehicles owned or operated by the registrant, times a per-truck 41,322
fee determined by order of the commission following public notice 41,323
and an opportunity for comment. 41,324
However, the total revenue from the apportioned per-truck 41,326
registration fee shall not exceed the appropriation of the 41,327
general assembly for the hazardous materials registration fund 41,328
created under division (C)(3) of this section. In determining 41,329
the PER-TRUCK fee, the commission shall divide CALCULATE the 41,331
difference between the appropriation from the fund for the 41,333
current fiscal year and the NET total OF THE processing fees 41,334
collected in the previous registration year, UNDER DIVISION 41,335
(C)(1)(a) OF THIS SECTION, FEES COLLECTED UNDER DIVISION (C)(2) 41,336
OF THIS SECTION, REFUNDS TO CARRIERS FROM OVERPAYMENTS OF FEES 41,337
COLLECTED UNDER THIS SECTION, AND FEES PAID TO OTHER STATES UNDER 41,338
DIVISION (D) OF THIS SECTION, AND SHALL DIVIDE THAT CALCULATED 41,339
AMOUNT by the total number of apportioned trucks determined on 41,340
the basis of information submitted by all registrants in the 41,341
previous registration year. IF THE CALCULATED AMOUNT IS ZERO OR 41,342
LESS, THE FEE SHALL BE ZERO. Any interested party, in accordance 41,343
with division (H) of this section, may appeal to the court of 41,344
appeals of Franklin county an order of the commission 41,345
establishing the apportioned per-truck registration fee. 41,346
(i) The percentage of a registrant's activity in this 41,348
state shall be calculated by dividing the number of miles that 41,349
the registrant travels in this state under the international 41,350
registration plan, pursuant to section 4503.61 of the Revised 41,351
Code, by the number of miles that the registrant travels 41,352
nationwide under the international registration plan. 41,353
Registrants that operate solely within this state shall use one 41,354
hundred per cent as their percentage of activity. Registrants 41,355
that do not register their vehicles through the international 41,356
929
registration plan shall calculate activity in the state in the 41,357
same manner as that required by the international registration 41,358
plan. 41,359
(ii) The percentage of a registrant's business that is 41,361
hazardous-materials-related shall be calculated, for 41,362
less-than-truckload shipments, by dividing the weight of all the 41,363
registrant's hazardous materials shipments by the total weight of 41,364
all shipments in the previous year. The percentage of a 41,365
registrant's business that is hazardous-materials-related shall 41,366
be calculated, for truckload shipments, by dividing the number of 41,367
shipments for which placarding, marking of the vehicle, or 41,368
manifesting, as appropriate, was required by regulations adopted 41,369
under sections 4 to 6 of the "Hazardous Materials Transportation 41,370
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 41,371
1804, by the total number of the registrant's shipments that 41,372
transported any kind of goods in the previous year. A registrant 41,373
that transports both less-than-truckload and truckload shipments 41,374
of hazardous materials shall calculate the percentage of business 41,375
that is hazardous-materials-related on a proportional basis. 41,376
(iii) A registrant may utilize fiscal year, or calendar 41,378
year, or other current company accounting data, or other publicly 41,379
available information, in calculating the percentages required by 41,380
divisions (C)(1)(b)(i) and (ii) of this section. 41,381
(2) The commission, after notice and opportunity for a 41,383
hearing, may assess each carrier a fee for any background 41,384
investigation required for the issuance, for the purpose of 41,385
section 3734.15 of the Revised Code, of a uniform permit as a 41,386
carrier of hazardous wastes and fees related to investigations 41,387
and proceedings for the denial, suspension, or revocation of a 41,388
uniform permit as a carrier of hazardous materials. The fees 41,389
shall not exceed the reasonable costs of the investigations and 41,390
proceedings. The fee for a background investigation for a 41,391
uniform permit as a carrier of hazardous wastes shall be six 41,392
hundred dollars plus the costs of obtaining any necessary 41,393
930
information not included in the permit application, to be 41,394
calculated at the rate of thirty dollars per hour, not exceeding 41,395
six hundred dollars, plus any governmental agency fees payable to 41,396
obtain necessary information. 41,397
(3) All background investigation fees collected under 41,399
division (C)(2) of this section shall be credited to the 41,400
hazardous wastes background investigation fund, which is hereby 41,401
created in the state treasury. Moneys in that fund shall be used 41,402
to conduct any background investigation for the issuance of a 41,403
uniform permit as a carrier of hazardous wastes pursuant to this 41,404
section. All fees collected under division (C)(1) of this 41,405
section and all BACKGROUND INVESTIGATION AND permit denial, 41,406
suspension, and revocation investigation and proceeding fees 41,408
collected under division (C)(2) of this section shall be credited 41,409
to the hazardous materials registration fund, which is hereby 41,410
created in the state treasury. Moneys in that fund shall be used 41,411
by the commission to administer and enforce sections 4905.80 to 41,412
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 41,414
adopted under division (B) of this section, may enter into 41,415
agreements, contracts, arrangements, or declarations with other 41,416
states and with the national repository, established pursuant to 41,417
the final report submitted to the United States secretary of 41,418
transportation, pursuant to subsection (c) of section 22 of the 41,419
"Hazardous Materials Transportation Uniform Safety Act of 1990," 41,420
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 41,421
contracts, arrangements, or declarations shall include, but not 41,422
be limited to, the determination of a base state, the collection 41,423
of uniform registration fees, the frequency of distribution of 41,424
uniform registration fees, procedures for dispute resolution, and 41,425
protection of trade secrets and confidential business 41,426
information. 41,427
(E) The first eight hundred thousand dollars of 41,429
forfeitures collected under section 4905.83 of the Revised Code 41,430
931
during each of fiscal years 1995 to 1998 2000 and during fiscal 41,432
year 1999 2001 until November 17, 1998 2000, shall be credited to 41,434
the hazardous materials transportation fund, which is hereby 41,435
created in the state treasury. Any forfeitures in excess of that 41,436
amount collected during each such period and any forfeitures 41,437
collected on or after November 17, 1998 2000, shall be credited 41,438
to the general revenue fund. In each of fiscal years 1995 to 41,440
1998 2000 and in fiscal year 1999 2001 until November 17, 1998 41,442
2000, the commission shall distribute moneys credited to the 41,444
hazardous materials transportation fund under this division for 41,445
the purposes of emergency response planning and the training of 41,446
safety, enforcement, and emergency services personnel in proper 41,447
techniques for the management of hazardous materials releases 41,448
that occur during transportation or otherwise. For these 41,449
purposes, fifty per cent of all such moneys credited to the fund 41,450
shall be distributed to Cleveland state university, and fifty per 41,451
cent shall be distributed to other educational institutions, 41,452
state agencies, regional planning commissions, and political 41,453
subdivisions. However, if, in any such period, moneys credited 41,454
to the fund under this division equal an amount less than four 41,456
hundred thousand dollars, the commission shall distribute, to the 41,457
extent of the fund, two hundred thousand dollars to Cleveland 41,458
state university and the remainder to other educational 41,459
institutions, state agencies, regional planning commissions, and 41,460
political subdivisions.
(F)(1) No person shall violate or fail to perform a duty 41,462
imposed by this section or a rule adopted under it. 41,463
(2) No person shall knowingly falsify or fail to submit 41,465
any data, reports, records, or other information required to be 41,466
submitted to the commission pursuant to this section or a rule 41,467
adopted under it. For purposes of division (F)(2) of this 41,468
section, a person acts knowingly if either of the following 41,469
applies: 41,470
(a) The person has actual knowledge of the facts giving 41,472
932
rise to the violation. 41,473
(b) A reasonable person acting in the circumstances and 41,475
exercising due care would have such knowledge. 41,476
(G) After notice and opportunity for a hearing, the 41,478
commission, pursuant to criteria set forth in rules adopted under 41,479
division (B) of this section, may suspend, revoke, or deny the 41,480
uniform permit as a carrier of hazardous materials of any carrier 41,481
that has obtained or applied for such a uniform permit from the 41,482
commission pursuant to rules adopted under that division, or the 41,483
commission may order the suspension of the transportation of 41,484
hazardous materials into, through, or within this state by a 41,485
carrier that has obtained a uniform permit from another state 41,486
that has a reciprocity agreement with the commission pursuant to 41,487
division (D) of this section. 41,488
(H)(1) The proceedings specified in division (G) of this 41,490
section are subject to and governed by Chapter 4903. of the 41,491
Revised Code, except as otherwise provided in this section. The 41,492
court of appeals of Franklin county has exclusive original 41,493
jurisdiction to review, modify, or vacate any order of the 41,494
commission suspending, revoking, or denying a uniform permit as a 41,495
carrier of hazardous materials of any carrier that has obtained 41,496
or applied for a uniform permit from the commission pursuant to 41,497
rules adopted under division (B) of this section, or any order of 41,498
the commission suspending the transportation of hazardous 41,499
materials into, through, or within this state by a carrier that 41,500
has obtained a uniform permit from another state that has a 41,501
reciprocity agreement with the commission under division (D) of 41,502
this section. The court of appeals shall hear and determine 41,503
those appeals in the same manner and under the same standards as 41,504
the Ohio supreme court hears and determines appeals under Chapter 41,505
4903. of the Revised Code. 41,506
The judgment of the court of appeals is final and 41,508
conclusive unless reversed, vacated, or modified on appeal. Such 41,509
appeals may be taken either by the commission or the person to 41,510
933
whom the order was issued and shall proceed as in the case of 41,511
appeals in civil actions as provided in Chapter 2505. of the 41,512
Revised Code. 41,513
(2) Section 4903.11 of the Revised Code does not apply to 41,515
appeals of any order of the commission suspending, revoking, or 41,516
denying a uniform permit of a carrier that has obtained or 41,517
applied for a uniform permit from the commission pursuant to 41,518
rules adopted under division (B) of this section, or of any order 41,519
of the commission suspending the transportation of hazardous 41,520
materials into, through, or within this state by a carrier that 41,521
has obtained a uniform permit from another state that has a 41,522
reciprocity agreement with the commission pursuant to division 41,523
(D) of this section. Any person to whom such order is issued who 41,524
wishes to contest the order shall file, within sixty days after 41,525
the entry of the order upon the journal of the commission, a 41,526
notice of appeal, setting forth the order appealed from and the 41,527
errors complained of. The notice of appeal shall be served, 41,528
unless waived, upon the chairman CHAIRPERSON of the commission 41,529
or, in the event of his THE CHAIRPERSON'S absence, upon any 41,530
public utilities commissioner, or by leaving a copy at the office 41,531
of the commission at Columbus. On appeal, the court shall 41,532
reverse, vacate, or modify the order if, upon consideration of 41,534
the record, the court is of the opinion that the order was 41,535
unlawful or unreasonable.
Sec. 4905.81. (A) The public utilities commission may 41,545
adopt rules applicable to the highway routing of hazardous 41,546
materials into, through, or within this state. Rules adopted 41,547
under this division shall be consistent with, and equivalent in 41,548
scope, coverage, and content to, subsection (b) of section 4 of 41,549
the "Hazardous Materials Transportation Uniform Safety Act of 41,550
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804, and regulations 41,551
adopted under that section. 41,552
Rules adopted or amended under this division on or after 41,554
November 17, 1998 2000, shall be adopted or amended in accordance 41,556
934
with Chapter 119. of the Revised Code. 41,557
(B) No person shall violate or fail to perform a duty 41,559
imposed by a rule adopted under this section or an order of the 41,560
commission issued to secure compliance with such a rule or this 41,561
section. 41,562
(C) To achieve the purposes of this title, the commission, 41,564
through its inspectors or other authorized employees, may enter 41,565
at reasonable times upon the premises, and may enter upon and 41,566
inspect at any time motor vehicles, of any person who transports 41,567
or offers for transportation hazardous materials subject to the 41,568
safety rules prescribed in this title, to examine any records or 41,569
documents that relate to the transportation and the offering for 41,570
transportation of hazardous materials. The commission or its 41,571
authorized employees may apply for, and any judge of a court of 41,572
record of competent jurisdiction may issue, an appropriate search 41,573
warrant to achieve the purposes of this title. 41,574
(D) To achieve the purposes of this title and to assist 41,576
the commission in the performance of any of its powers or duties, 41,577
the commission, either through the public utilities commissioners 41,578
or employees authorized by it, may examine under oath, at the 41,579
offices of the commission, any officer, agent, or employee of any 41,580
person who transports or offers for transportation hazardous 41,581
materials subject to the safety rules prescribed in this title in 41,582
relation to the transportation and offering for transportation of 41,583
hazardous materials. The commission, by subpoena, also may 41,584
compel the attendance of such a witness for the purpose of the 41,585
examination and, by subpoena duces tecum, may compel the 41,586
production of all books, contracts, records, and documents that 41,587
relate to the transportation and offering for transportation of 41,588
hazardous materials. 41,589
(E)(1) There is hereby created the hazardous materials 41,591
advisory panel to carry out the purposes of divisions (E)(2) and 41,592
(3) of this section. The panel shall consist of the following 41,593
nine members: three representatives of common carriers of 41,594
935
hazardous materials, three representatives of private carriers of 41,595
hazardous materials, and one representative of shippers of 41,596
hazardous materials, each appointed by the chairman CHAIRPERSON 41,597
of the public utilities commission; one member of the house of 41,598
representatives appointed by the speaker of the house of 41,599
representatives; and one member of the senate appointed by the 41,600
president of the senate. The speaker of the house, president of 41,601
the senate, and chairman CHAIRPERSON of the commission shall make 41,602
their initial appointments to the panel within thirty days after 41,603
the effective date of this section JULY 22, 1994. Of the initial 41,604
appointments, each shall be for a term ending two years after the 41,606
date of the initial appointment. Subsequent appointments shall 41,607
be for two-year terms, with each term ending on the same day of 41,608
the same month as the term it succeeds. Panel members shall 41,609
receive no compensation or expenses in the performance of panel 41,610
duties.
Each panel member shall serve on the panel from the date of 41,612
his appointment until the end of the term for which he THE MEMBER 41,614
was appointed. Any member of the general assembly shall remain
as a member of the panel only so long as he THE PERSON is a 41,615
member of the general assembly. Panel members may be 41,616
reappointed. Vacancies shall be filled in the manner provided 41,617
for original appointments. Any member appointed to fill a 41,618
vacancy occurring prior to the expiration date of the term for 41,619
which his THE MEMBER'S predecessor was appointed shall serve as a 41,620
member for the remainder of that term. A member shall continue 41,621
to serve after the expiration date of his THE MEMBER'S term until 41,622
his THE MEMBER'S successor commences service on the panel or 41,624
until a period of sixty days has elapsed, whichever occurs first. 41,625
(2) At least thirty days before issuing an order for 41,627
notice of and the opportunity for comment on any proposed rules 41,628
under division (B) of section 4905.80 of the Revised Code or 41,629
division (A) of this section, the commission shall distribute the 41,630
proposed rules to each member of the panel for consultation and 41,631
936
advice. The commission shall convene a meeting of the panel to 41,632
prepare a report on the proposed rules, which shall be submitted 41,633
to the commission and contain the panel's recommendations, 41,634
comments, and other advice regarding all matters it considers 41,635
pertinent to the issuance and implementation of the proposed 41,636
rules. Upon the request of the panel, the commission may hold a 41,637
hearing to receive testimony from panel members regarding any 41,638
issue of fact or law in the report. The commission shall 41,639
consider the report before it issues any order for notice of and 41,640
the opportunity for comment on any proposed rules under division 41,641
(B) of section 4905.80 of the Revised Code or division (A) of 41,642
this section. 41,643
In any such order, the commission shall address any 41,645
recommendations, comments, and other advice contained in the 41,646
panel's report, including matters with which the commission 41,647
concludes it cannot agree. After the commission issues any such 41,648
order for notice and opportunity for comment, it shall transmit 41,649
to each member of the panel copies of any comments it receives 41,650
and shall provide panel members with an opportunity to respond to 41,651
those comments either in writing or before the commission, or 41,652
both. The commission shall notify the panel of any hearings or 41,653
meetings regarding the proposed rules. Any panel member may 41,654
participate in the same manner as any interested party in any 41,655
hearings held regarding the proposed rules. 41,656
(3) One year after the effective date of this section JULY 41,659
22, 1994, and annually after that date until November 17, 1998 41,660
2000, the commission and the panel shall present at a public 41,661
hearing and transmit to the speaker of the house of 41,662
representatives and the president of the senate, or committees of 41,663
the house of representatives and senate of the general assembly 41,664
respectively designated by the speaker and the senate president, 41,665
an annual report on the status of sections 4905.80 and 4905.81 of 41,666
the Revised Code, which shall address all of the following: 41,667
(a) Any barriers to the implementation of the forms and 41,669
937
procedures for the uniform registration and uniform permitting of 41,670
carriers of hazardous materials pursuant to section 4905.80 of 41,671
the Revised Code and the implementation of routing designations 41,672
pursuant to section 4905.81 of the Revised Code; 41,673
(b) Any costs to the state and to carriers and shippers of 41,675
hazardous materials resulting from the implementation of sections 41,676
4905.80 and 4905.81 of the Revised Code; 41,677
(c) The effectiveness of reciprocity with other states in 41,679
the implementation of sections 4905.80 and 4905.81 of the Revised 41,680
Code; 41,681
(d) Whether the implementation of sections 4905.80 and 41,683
4905.81 of the Revised Code reduces the administrative burden on 41,684
carriers and shippers of hazardous materials and on the state; 41,685
(e) Whether the implementation of sections 4905.80 and 41,687
4905.81 of the Revised Code enhances the protection of the public 41,688
health and safety and the environment; 41,689
(f) The impact of federal law on the implementation of 41,691
sections 4905.80 and 4905.81 of the Revised Code and any 41,692
recommendations the state should make to federal authorities 41,693
regarding changes to such federal law or its administration and 41,694
enforcement. 41,695
(4) The hazardous materials advisory panel shall cease to 41,697
exist on November 17, 1998 2000. 41,698
Sec. 4911.18. For the sole purpose of maintaining and 41,707
administering the office of the consumers' counsel and exercising 41,708
the powers of the consumers' counsel under this chapter, an 41,709
amount equal to the appropriation to the office of the consumers' 41,710
counsel in each fiscal year shall be apportioned among and 41,711
assessed against the public utilities within the state, as 41,712
defined in section 4911.01 of the Revised Code, by first 41,713
computing an assessment as though it were to be made in 41,714
proportion to the intrastate gross earnings or receipts of the 41,715
public utilities companies for the calendar year next preceding 41,716
that in which the assessments are made, excluding earnings or 41,717
938
receipts from sales to other public utilities for resale. 41,718
The final computation of the assessment shall consist of 41,720
imposing upon each company whose assessment under the first 41,721
computation would have been fifty dollars or less an assessment 41,722
of fifty dollars and recomputing the assessment of the remaining 41,723
companies by apportioning an amount equal to the appropriation to 41,724
the office of consumers' counsel in each fiscal year less the 41,725
total amount to be recovered from those paying the minimum 41,726
assessment, in proportion to the intrastate gross earnings or 41,727
receipts of the remaining companies for the calendar year next 41,728
preceding that in which the assessments are made, excluding 41,729
earnings or receipts from sales to other public utilities for 41,730
resale. 41,731
On or before the first day of October in each year, the 41,733
counsel shall notify each public utility company of the sum 41,734
assessed against it, whereupon payment shall be made to the 41,735
counsel, who shall deposit it into the state treasury to the 41,736
credit of the general revenue CONSUMERS' COUNSEL OPERATING fund, 41,738
WHICH IS HEREBY CREATED. Any such amounts paid into the general 41,741
revenue fund, but not expended by the counsel, shall be credited 41,743
ratably by the counsel to the public utility companies which pay 41,744
more than the minimum assessment, according to the respective 41,745
portions of such sum assessable against them for the ensuing 41,746
calendar year, after first deducting any deficits accumulated 41,747
from prior years. The assessments for such calendar year shall 41,748
be reduced correspondingly.
WITHIN FIVE DAYS AFTER THE BEGINNING OF EACH FISCAL YEAR, 41,750
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER FROM THE 41,751
GENERAL REVENUE FUND TO THE CONSUMERS' COUNSEL OPERATING FUND AN 41,752
AMOUNT SUFFICIENT FOR MAINTAINING AND ADMINISTERING THE OFFICE OF 41,754
THE CONSUMERS' COUNSEL AND EXERCISING THE POWERS OF THE
CONSUMERS' COUNSEL UNDER THIS CHAPTER DURING THE FIRST FOUR 41,755
MONTHS OF THE FISCAL YEAR. NOT LATER THAN THE THIRTY-FIRST DAY 41,756
OF DECEMBER OF THE FISCAL YEAR, THE SAME AMOUNT SHALL BE 41,758
939
TRANSFERRED BACK TO THE GENERAL REVENUE FUND FROM THE CONSUMERS' 41,759
COUNSEL OPERATING FUND.
Sec. 4923.12. (A) The taxes imposed by sections 4921.18 41,769
and 4923.11 of the Revised Code shall be paid to the treasurer of 41,770
state. The first received remittances of the taxes in each
fiscal year shall be credited to the general PUBLIC UTILITIES 41,771
fund until the aggregate credit FROM THE TAXES, AND FROM THE FEES 41,772
COLLECTED UNDER DIVISION (B) OF THIS SECTION, in a fiscal year 41,773
amounts to a sum equal to the appropriation FROM THE PUBLIC 41,775
UTILITIES FUND made by the general assembly for defraying all 41,777
expenses incident to maintaining the motor NONRAILROAD 41,778
transportation department ACTIVITIES of the public utilities 41,779
commission. Receipt of the taxes subsequent thereto, after 41,781
receipt by the treasurer of state of certifications from the 41,782
commissioners of the sinking fund certifying, as required by 41,783
sections 5528.15 and 5528.35 of the Revised Code, that there are 41,784
sufficient moneys to the credit of the highway improvement bond 41,785
retirement fund created by section 5528.12 of the Revised Code to 41,786
meet in full all payments of interest, principal, and charges for 41,787
the retirement of bonds and other obligations issued pursuant to 41,788
Section 2g of Article VIII, Ohio Constitution and sections 41,789
5528.10 and 5528.11 of the Revised Code, due and payable during 41,790
the current calendar year, and that there are sufficient moneys 41,791
to the credit of the highway obligations bond retirement fund 41,792
created by section 5528.32 of the Revised Code to meet in full 41,793
all payments of interest, principal, and charges for the 41,794
retirement of highway obligations issued pursuant to Section 2i 41,795
of Article VIII, Ohio Constitution and sections 5528.30 and 41,796
5528.31 of the Revised Code due and payable during the current 41,797
calendar year, shall be paid into the state treasury to the 41,798
credit of the state highway safety fund created by section 41,799
4501.06 of the Revised Code, and shall be subject to 41,800
appropriation solely for the expense of operation and maintenance 41,801
of the department of public safety. 41,802
940
(B) The fees set by the commission in accordance with 41,804
sections 4919.76 and 4919.77 of the Revised Code shall be 41,806
credited to the general revenue PUBLIC UTILITIES fund except for 41,807
those fees collected on behalf of other states participating in 41,808
the single state insurance registration program, which shall be 41,809
credited to the base state registration fund, which is hereby 41,810
created in the state treasury.
(C) The forfeitures imposed by sections 4919.99, 4921.99, 41,812
and 4923.99 of the Revised Code shall be paid to the treasurer of 41,813
state. The first received remittances of the forfeitures in each 41,815
fiscal year shall be credited to the transportation enforcement 41,816
fund, which is hereby created in the state treasury, until the 41,818
aggregate credit in the fiscal year is equal to the appropriation
in the fund for the fiscal year less any outstanding unencumbered 41,819
cash balance from the previous fiscal year in the fund. All 41,820
forfeitures subsequently received shall be credited to the 41,821
general revenue fund. The public utilities commission shall use 41,822
the transportation enforcement fund to administer the civil 41,823
forfeiture program of sections 4919.99, 4921.99, and 4923.99 of
the Revised Code. 41,824
Sec. 4937.02. (A) There is hereby created the utility 41,833
radiological safety board composed of the chairman CHAIRPERSON of 41,835
the public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 41,836
the deputy director of the emergency management agency, and the 41,837
director of commerce, or their designees each of whom shall be an 41,839
employee of the member agency of the board member for whom he THE 41,840
PERSON is a designee. The purpose of the board is to develop a 41,841
comprehensive policy for the state regarding nuclear power 41,842
safety. The board's objectives shall be to promote safe, 41,843
reliable, and economical power; establish a memorandum of 41,844
understanding with the federal nuclear regulatory commission and 41,845
the state, including agreements with individual state agencies to 41,846
interact with the commission and the federal emergency management 41,847
941
agency; and recommend policies and practices that promote safety, 41,848
performance, emergency preparedness, and public health standards 41,849
that are designed to meet the state's needs. 41,850
(B) The governor shall appoint a chairman CHAIRPERSON of 41,852
the board from among the members of the board. The board shall 41,853
elect one of its members as vice-chairman VICE-CHAIRPERSON, who 41,854
shall possess, during the absence or disability of the board 41,856
chairman CHAIRPERSON, all the powers of the board chairman 41,857
CHAIRPERSON. All examinations, studies, or other official 41,858
proceedings of the board shall be conducted by the board or its 41,859
designees. The board's authority under sections 4937.01 to 41,860
4937.05 of the Revised Code shall not be exercised by any 41,861
officer, employee, or body other than the board itself, except by 41,862
express action of the board. 41,863
(C) The chairman CHAIRPERSON of the board shall cause to 41,865
be kept a complete record of all proceedings of the board, and 41,867
any books, maps, documents, and papers used or produced by the 41,868
board, and shall perform such other duties as the governor may 41,869
prescribe.
(D) A majority of the board's members constitutes a quorum 41,871
for the transaction of any business, performance of any duty, or 41,872
exercise of any power of the board. No vacancy on the board 41,873
shall impair the right of the remaining board members to exercise 41,874
all powers of the board. The act of a majority of the board, 41,875
when in session as a board, is an act of the board. 41,876
(E) Members of the board and their designees shall not 41,878
receive compensation from the board but shall receive all 41,879
ordinary and necessary expenses incurred in performance of board 41,880
business, including actual travel expenses. All such expenses 41,881
shall be paid by the agency of which the individual board member 41,882
or designee is an officer or employee, with money distributed 41,883
under division (D) of section 4937.05 of the Revised Code. 41,884
(F) The attorney general is the board's legal advisor, but 41,886
shall designate, subject to the board's approval, one or more of 41,887
942
his THE ATTORNEY GENERAL'S assistants to discharge the duties of 41,888
board attorney. 41,889
(G) The board may call to its assistance, temporarily, 41,891
with the consent of the member agency, any employee of a member 41,892
agency to conduct studies, examinations, and investigations for 41,893
the board or prepare any report required or authorized by 41,894
sections 4937.01 to 4937.05 of the Revised Code. The employee 41,895
shall receive no compensation but shall receive all ordinary and 41,896
necessary expenses incurred in performance of such duties, 41,897
including actual travel expenses. All such expenses shall be 41,898
paid by the member agency, with money distributed under division 41,899
(D) of section 4937.05 of the Revised Code. 41,900
(H) The offices of the board shall be located in the 41,902
offices of the public utilities commission EMERGENCY MANAGEMENT 41,903
AGENCY. 41,904
Sec. 4937.05. (A) There is hereby created the utility 41,913
radiological safety fund in the state treasury, consisting of 41,914
moneys deposited into the fund pursuant to division (B) of this 41,915
section. The fund shall be used solely to maintain and 41,916
administer the utility radiological safety board, including 41,917
payment of expenses incurred in the performance of board 41,918
business. 41,919
(B) The SUBJECT TO DIVISION (B) OF THIS SECTION, THE 41,921
utility radiological safety board shall MAY apportion among and 41,923
assess against each nuclear electric utility in this state 41,924
against which an assessment may be made under section 4905.10 of 41,925
the Revised Code an amount equal to the appropriation to the 41,926
board in the fiscal year NO GREATER THAN THE MAXIMUMS SPECIFIED
IN THE APPLICABLE MAIN OPERATING APPROPRIATIONS ACT. The 41,927
assessment shall be made in proportion to the intrastate gross 41,929
receipts of the utility, excluding receipts from sales to other 41,930
public utilities for resale, for the calendar year next preceding 41,931
that in which the assessments are made. On or before the first 41,932
day of October in each year, the board shall notify each such 41,933
943
utility of the sum assessed against it, whereupon payment shall 41,934
be made to the board. The board shall deposit the payment into 41,935
the utility radiological ANY NUCLEAR safety fund. FOR WHICH A 41,936
MAXIMUM IS SPECIFIED, FOR THE PURPOSES OF THIS SECTION, IN THE 41,937
APPLICABLE MAIN OPERATING APPROPRIATIONS ACT. ANY 41,938
(C) Any assessments SO deposited into the utility 41,940
radiological safety fund under division (B) of this section which 41,941
are not expended shall be credited ratably to each nuclear 41,942
electric utility that paid them, according to the respective 41,943
portions of the amount assessable against the utility for the 41,944
ensuing calendar year. The assessments for such calendar year 41,945
shall be adjusted accordingly. 41,946
(D) Money in the utility radiological safety fund shall be 41,948
distributed among the member agencies by intrastate transfer 41,949
voucher in the amounts prescribed by the general assembly in each 41,950
biennial appropriation act. 41,951
(B) THE BOARD SHALL ASSESS AN AMOUNT AGAINST THE NUCLEAR 41,954
ELECTRIC UTILITIES PURSUANT TO DIVISION (A) OF THIS SECTION ONLY 41,956
IN ACCORDANCE WITH THIS DIVISION AND SUBJECT TO THE CONDITIONS IT 41,957
SPECIFIES.
(1) NUCLEAR ELECTRIC UTILITIES AND, SEPARATELY, THE 41,959
ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT OF HEALTH, THE 41,960
DEPARTMENT OF AGRICULTURE, AND THE EMERGENCY MANAGEMENT AGENCY OF 41,962
THE DEPARTMENT OF PUBLIC SAFETY, AS MEMBER AGENCIES OF THE BOARD, 41,963
SHALL NEGOTIATE, IN GOOD FAITH, AMOUNTS TO BE GIVEN AS GRANTS BY 41,964
THE NUCLEAR ELECTRIC UTILITIES PURSUANT TO THIS DIVISION FOR 41,965
FUNDING THE MEMBER AGENCY FOR A FISCAL BIENNIUM. ANY SUCH GRANT 41,966
SHALL COVER ALL COSTS RELATED TO THE STATUTORY REQUIREMENTS OR 41,967
AGREEMENTS SPECIFIED IN DIVISION (B)(4) OF THIS SECTION, BUT 41,968
SHALL NOT BE REQUIRED TO COVER ANY COSTS OF ACTIVITIES NOT 41,969
DIRECTLY RELATED TO THOSE STATUTORY REQUIREMENTS OR AGREEMENTS. 41,970
(2)(a) IF ANY OF THE MEMBER AGENCIES SPECIFIED IN DIVISION 41,973
(B)(1) OF THIS SECTION DISAGREES, BEFORE THE FIRST DAY OF 41,975
SEPTEMBER OF THE FIRST YEAR OF A FISCAL BIENNIUM, WITH THE 41,976
944
NUCLEAR ELECTRIC UTILITIES ON A GRANT AMOUNT UNDER THAT DIVISION 41,977
FOR THE AGENCY'S FUNDING FOR THAT BIENNIUM AND THE AGENCY IS 41,978
REQUESTING A SPECIFIED AMOUNT NOT EXCEEDING SEVENTY-FIVE PER CENT 41,979
OF THE MAXIMUM SPECIFIED IN THE APPLICABLE MAIN OPERATING 41,980
APPROPRIATIONS ACT, THE AGENCY SHALL MAKE A WRITTEN DIRECTIVE TO 41,981
THE BOARD FOR AN ASSESSMENT AGAINST THE NUCLEAR ELECTRIC 41,982
UTILITIES FOR THAT SPECIFIED AMOUNT AND SHALL NOTIFY THE 41,983
CONTROLLING BOARD, THE DIRECTOR OF BUDGET AND MANAGEMENT, AND THE 41,984
NUCLEAR ELECTRIC UTILITIES IN WRITING OF THAT DIRECTIVE. UPON 41,985
RECEIPT OF THE DIRECTIVE, THE UTILITY RADIOLOGICAL SAFETY BOARD
SHALL ASSESS THE SPECIFIED AMOUNT AGAINST THE NUCLEAR ELECTRIC 41,986
UTILITIES AS PROVIDED IN DIVISION (A) OF THIS SECTION, 41,987
NOTWITHSTANDING ANY PROVISION OF THAT DIVISION TO THE CONTRARY, 41,988
PROVIDED THE AMOUNT ASSESSED DOES NOT EXCEED THE MAXIMUM 41,989
SPECIFIED IN THE APPLICABLE MAIN OPERATING APPROPRIATIONS ACT. 41,991
(b) IF ANY OF THE MEMBER AGENCIES SPECIFIED IN DIVISION 41,994
(B)(1) OF THIS SECTION DISAGREES, BEFORE THE FIRST DAY OF 41,996
SEPTEMBER OF THE FIRST YEAR OF A FISCAL BIENNIUM, WITH THE 41,997
NUCLEAR ELECTRIC UTILITIES ON A GRANT AMOUNT UNDER THAT DIVISION 41,998
FOR THE AGENCY'S FUNDING FOR THAT BIENNIUM AND THE AGENCY IS 41,999
REQUESTING A SPECIFIED AMOUNT THAT EXCEEDS SEVENTY-FIVE PER CENT 42,000
OF THE MAXIMUM SPECIFIED FOR THAT AGENCY IN THE APPLICABLE MAIN 42,001
OPERATING APPROPRIATIONS ACT, THE AGENCY MAY REQUEST THAT THE 42,002
CONTROLLING BOARD APPROVE AN ASSESSMENT AGAINST THE ELECTRIC 42,003
UTILITIES IN THE SPECIFIED AMOUNT. THE CONTROLLING BOARD SHALL 42,004
NOT APPROVE AN ASSESSMENT SO REQUESTED IF IT EXCEEDS THAT MAXIMUM 42,005
OR WILL NOT BE USED FOR THE PURPOSES SPECIFIED IN DIVISION (B)(4) 42,006
OF THIS SECTION. IF THE CONTROLLING BOARD APPROVES THE REQUEST, 42,007
THE UTILITY RADIOLOGICAL SAFETY BOARD SHALL IMPOSE AN ASSESSMENT 42,008
IN THE APPROVED AMOUNT AGAINST THE NUCLEAR ELECTRIC UTILITIES AS 42,009
PROVIDED IN DIVISION (A) OF THIS SECTION, NOTWITHSTANDING ANY 42,011
PROVISION OF THAT DIVISION TO THE CONTRARY. 42,012
(c) THE BOARD SHALL NOT ASSESS AGAINST THE NUCLEAR 42,015
ELECTRIC UTILITIES PURSUANT TO DIVISION (A) OF THIS SECTION IN 42,016
945
ANY FISCAL BIENNIUM FOR WHICH EACH MEMBER AGENCY AND THE NUCLEAR 42,017
ELECTRIC UTILITIES AGREE ON GRANT AMOUNTS PURSUANT TO DIVISION 42,019
(B)(1) OF THIS SECTION.
(3) REVENUES RECEIVED PURSUANT TO GRANTS OR ASSESSMENTS 42,021
UNDER DIVISION (B)(1) OR (2) OF THIS SECTION SHALL BE DEPOSITED 42,023
INTO THE REQUESTING AGENCY'S NUCLEAR SAFETY FUND, AS SUCH FUND IS 42,024
SPECIFIED IN THE APPLICABLE MAIN OPERATING APPROPRIATIONS ACT. 42,025
(4) FUNDING PROVIDED UNDER THIS DIVISION TO A MEMBER 42,027
AGENCY SHALL BE FOR THE PURPOSE OF ENABLING A MEMBER AGENCY TO 42,028
FULFILL ITS AUTHORITY AND DUTIES UNDER THE STATUTES RELATED TO 42,029
NUCLEAR SAFETY OR THE UTILITY SAFETY RADIOLOGICAL BOARD, OR UNDER 42,031
AGREEMENTS WITH THE NUCLEAR REGULATORY COMMISSION. 42,032
(5) IF A NUCLEAR ELECTRIC UTILITY MAKES ANY RECOMMENDATION 42,034
TO RENDER THE NUCLEAR SAFETY PROGRAMS OF MEMBER AGENCIES OF THE 42,035
UTILITY RADIOLOGICAL SAFETY BOARD MORE COST EFFECTIVE, THE MEMBER 42,037
AGENCIES SHALL IMPLEMENT THE RECOMMENDATION OR PROVIDE TO THE
UTILITY A WRITTEN STATEMENT EXPLAINING WHY THE RECOMMENDATION 42,038
WILL NOT BE IMPLEMENTED OR WILL BE IMPLEMENTED WITH SUBSTANTIAL 42,039
MODIFICATION.
Sec. 4981.09. (A) There is hereby created in the state 42,048
treasury the rail development fund. The fund shall consist of 42,049
such moneys as may be provided by law, including moneys received 42,050
from the sale, transfer, or lease of any rail property pursuant 42,051
to section 4981.08 of the Revised Code, and amounts transferred 42,052
pursuant to division (B) of this section. Moneys in the fund 42,055
shall be used for the purpose of acquiring, rehabilitating, or 42,056
developing rail property or service, or for participation in the 42,057
acquisition of rail property with the federal government, 42,058
municipal corporations, townships, counties, or other 42,059
governmental agencies. For the purpose of acquiring such rail 42,060
property, the Ohio rail development commission may obtain 42,061
acquisition loans from the federal government or from any other 42,062
source.
The fund shall also be used to promote, plan, design, 42,064
946
construct, operate, and maintain passenger and freight rail 42,065
transportation systems, and may be used to pay the administrative 42,067
costs of the Ohio rail development commission associated with 42,068
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 42,069
The fund shall not be used to provide loan guarantees. 42,070
(B) Twice each year, by the last day of March for the 42,073
immediately preceding June through December and by the last day 42,075
of August for the immediately preceding January through May, the 42,077
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 42,078
pursuant to Chapter 5733. of the Revised Code during those months 42,079
by taxpayers engaged in the business of owning or operating a 42,081
railroad either wholly or partially within this state. The 42,083
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 42,084
budget and management shall transfer seventy-five FIFTY per cent 42,085
of the amount certified from the general revenue fund to the rail 42,086
development fund.
Sec. 5101.02. The director of human services is the 42,095
executive head of the department of human services. All duties 42,096
conferred on the various OFFICES, divisions, BUREAUS, SECTIONS, 42,098
and institutions of the department by law or by order of the 42,099
director shall be performed under such rules as the director 42,100
prescribes, and shall be under the director's control. 42,101
The director of human services may enter into agreements 42,103
with county boards of commissioners, as provided in section 42,104
329.05 of the Revised Code, to create a single administrative 42,105
unit within the county for the administration of the aid to 42,106
dependent children and disability assistance programs. 42,108
Any such agreement entered into shall provide, either in 42,110
specific terms or by prescribing a method for determining the 42,111
amounts, for any payments to be made into the county treasury in 42,112
consideration of the performance of the agreement, and may 42,113
947
provide for the transfer to the board of county commissioners of 42,114
any property, real or personal, used or useful in the performance 42,115
of functions or the rendering of services under such agreement. 42,116
Such transfer may limit the power of the board to dispose of such 42,117
property, and may provide for its return, disposition, division, 42,118
or distribution, in the event of the rescission or expiration of 42,119
the agreement. 42,120
To the extent provided by such agreement the functions and 42,122
duties of the department of human services shall be vested in the 42,123
board of county commissioners. 42,124
Payments authorized by the agreement shall be made by the 42,126
state not less than four times during each fiscal year on 42,127
vouchers prepared by the department of human services and may 42,128
include any funds appropriated or allocated to the department of 42,129
human services for carrying out the duties and responsibilities 42,130
which, under terms of the agreement, are transferred to the board 42,131
of county commissioners, including, but not limited to, funds for 42,132
personal service and maintenance. 42,133
Sec. 5101.06. The director of human services may establish 42,142
OFFICES, divisions, BUREAUS, AND SECTIONS and prescribe their 42,144
powers and duties.
Sec. 5101.07. Each OFFICE, division, BUREAU, AND SECTION 42,155
authorized by section 5101.06 of the Revised Code shall consist 42,156
of a chief and the officers and employees, including those in 42,157
institutions, necessary for the performance of the functions 42,158
assigned to it. The director of human services shall supervise 42,159
the work of each OFFICE, division, BUREAU, AND SECTION and SHALL 42,160
be responsible for the determination of general policies in the 42,161
exercise of powers vested in the department and powers assigned 42,162
to each OFFICE, division, BUREAU, AND SECTION. The chief of each 42,164
OFFICE, division, BUREAU, AND SECTION shall be responsible to the 42,166
director for the organization, direction, and supervision of the 42,167
work of the OFFICE, division, BUREAU, OR SECTION and the exercise 42,168
of the powers and the performance of the duties of the department 42,169
948
assigned to such OFFICE, division, BUREAU, OR SECTION, and, with 42,171
the approval of the director, may establish bureaus or other 42,172
administrative units therein. The director shall appoint the 42,173
chief of each OFFICE, division, BUREAU, AND SECTION, who, unless 42,175
placed in the unclassified service under section 124.11 of the 42,176
Revised Code, shall be in the classified service, and all other
employees of the department. The chief of each OFFICE, division, 42,178
BUREAU, AND SECTION shall be a person who has had special 42,179
training and experience in the type of work with the performance 42,180
of which the OFFICE, division, BUREAU, OR SECTION is charged. If 42,182
the director certifies that any such position can best be filled 42,183
under division (B) of section 124.30 of the Revised Code or 42,184
without regard to residence of the appointee, the department of 42,185
administrative services shall be governed by such certification. 42,186
Each chief of a AN OFFICE, division, BUREAU, OR SECTION, under 42,188
the director of human services, shall have entire executive 42,189
charge of the OFFICE, division, BUREAU, OR SECTION for which he 42,190
THE CHIEF is appointed. 42,191
All employees holding positions in the classified service 42,193
within the department on June 30, 1966, shall continue to hold 42,194
such positions and this section does not affect their civil 42,195
service status. 42,196
Employees of any division that is abolished by Amended 42,198
Substitute House Bill No. 376 of the 106th general assembly shall 42,199
be transferred to a comparable position in another division of 42,200
the department. 42,201
Sec. 5101.112. (A) AS USED IN THIS SECTION, "PRIVATE 42,203
CHILD PLACING AGENCY" AND "PRIVATE NONCUSTODIAL AGENCY" HAVE THE 42,204
SAME MEANINGS AS IN SECTION 2151.011 OF THE REVISED CODE. 42,205
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 42,208
EACH PRIVATE CHILD PLACING AGENCY AND PRIVATE NONCUSTODIAL AGENCY 42,209
IN THIS STATE THAT RECEIVES FUNDS FROM THE DEPARTMENT OF HUMAN 42,210
SERVICES THROUGH TITLE IV-E OF THE "SOCIAL SECURITY ACT," 49 42,212
STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, SHALL PAY TO THE 42,214
949
DEPARTMENT AN ANNUAL FEE. ALL FEES RECEIVED UNDER THIS SECTION 42,215
SHALL BE DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE 42,216
TITLE IV-E PRIVATE AGENCY TRAINING FUND, WHICH IS HEREBY CREATED. 42,217
MONEY CREDITED TO THE FUND SHALL BE USED SOLELY TO RECEIVE 42,218
FEDERAL FINANCIAL PARTICIPATION FOR THE TRAINING COSTS INCURRED 42,219
BY PRIVATE CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL 42,220
AGENCIES THAT RECEIVE TITLE IV-E FUNDS AND TO REIMBURSE THOSE 42,222
AGENCIES FOR TRAINING COSTS.
THE AMOUNT OF AN AGENCY'S ANNUAL FEE SHALL BE THE GREATER 42,224
OF THREE HUNDRED DOLLARS OR FIFTEEN CENTS PER DAY TIMES THE 42,225
AVERAGE NUMBER OF CHILDREN TO WHICH THE AGENCY PROVIDES SERVICES. 42,226
THE FEE SHALL BE PAID AT THE TIME THE AGENCY SUBMITS ITS ANNUAL 42,227
APPLICATION FOR A DETERMINATION OF THE AMOUNT IT WILL RECEIVE 42,228
FROM THE DEPARTMENT THROUGH TITLE IV-E. 42,229
THE DEPARTMENT SHALL INFORM EACH AGENCY OF THE ESTIMATED 42,231
AMOUNT IT WILL RECEIVE FOR TRAINING COSTS PURSUANT TO THIS 42,232
SECTION. THE ESTIMATE SHALL COVER AT LEAST TWO YEARS. 42,233
ALL FUNDS RECEIVED BY THE DEPARTMENT FROM THE FEDERAL 42,235
GOVERNMENT AS A SHARE OF THE TRAINING COSTS INCURRED BY PRIVATE 42,236
CHILD PLACING AGENCIES AND PRIVATE NONCUSTODIAL AGENCIES SHALL BE 42,237
ALLOCATED TO THE AGENCIES THAT PAID THE FEES. AN AGENCY MAY 42,238
SUBMIT REQUESTS FOR REIMBURSEMENT OF TRAINING COSTS TO THE
DEPARTMENT ON A MONTHLY BASIS. 42,239
THE DEPARTMENT MAY ADOPT ANY RULES NECESSARY TO IMPLEMENT 42,241
THIS SECTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH 42,243
CHAPTER 119. OF THE REVISED CODE. 42,245
(C) IF THE FEDERAL GOVERNMENT DETERMINES THAT THE FEES 42,248
COLLECTED UNDER THIS SECTION ARE NOT STATE FUNDS THAT CAN BE 42,249
SUBMITTED FOR RECEIPT OF FEDERAL FINANCIAL PARTICIPATION UNDER 42,250
TITLE IV-E, THE DEPARTMENT SHALL CEASE TO COLLECT THE FEES AND 42,252
RETURN TO THE AGENCIES THAT PAID THE FEES ALL MONEY REMAINING IN 42,253
THE TITLE IV-E PRIVATE AGENCY TRAINING FUND. 42,255
Sec. 5101.14. (A) Within available funds, the department 42,265
of human services shall make payments to the counties within 42,266
950
thirty days after the beginning of each calendar quarter for a 42,267
part of their costs for services to children performed pursuant 42,268
to Chapter 5153. of the Revised Code. The 42,269
Funds provided to the county under this section shall be 42,271
deposited in a special fund in the county treasury, known as INTO 42,272
the children services fund, and shall be used for no other 42,274
purpose than to meet expenses of the children services program 42,275
CREATED PURSUANT TO SECTION 5101.143 OF THE REVISED CODE.
(B)(1) THE funds distributed under this section shall be 42,277
used to provide home-based FOR THE FOLLOWING: 42,278
(a) HOME-BASED services to children and families; to 42,280
provide protective 42,281
(b) PROTECTIVE services to children; to 42,283
(c) TO find, develop, and approve adoptive homes; and to 42,286
provide short-term
(d) SHORT-TERM, out-of-home care and treatment for 42,289
children. No;
(e) COSTS FOR THE CARE OF A CHILD WHO RESIDES WITH A 42,292
CARETAKER RELATIVE, OTHER THAN THE CHILD'S PARENT, AND IS IN THE 42,293
LEGAL CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO A 42,294
VOLUNTARY TEMPORARY CUSTODY AGREEMENT ENTERED INTO UNDER DIVISION 42,295
(A) OF SECTION 5103.15 OF THE REVISED CODE OR IN THE LEGAL 42,297
CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR THE CARETAKER 42,298
RELATIVE PURSUANT TO AN ALLEGATION OR ADJUDICATION OF ABUSE, 42,299
NEGLECT, OR DEPENDENCY MADE UNDER CHAPTER 2151. OF THE REVISED 42,302
CODE;
(f) OTHER SERVICES A PUBLIC CHILDREN SERVICES AGENCY 42,305
CONSIDERS NECESSARY TO PROTECT CHILDREN FROM ABUSE, NEGLECT, OR 42,306
DEPENDENCY.
(2) NO funds DISTRIBUTED UNDER THIS SECTION shall be used 42,309
for the costs of maintaining a child in a children's home owned 42,310
and operated by the county. 42,311
(C) In each fiscal year, the amount of funds available for 42,313
distribution under this section shall be allocated to counties as 42,315
951
follows:
(1) If the amount is less than the amount initially 42,317
appropriated for the immediately preceding fiscal year, each 42,318
county shall receive an amount equal to the percentage of the 42,319
funding it received in the immediately preceding fiscal year, 42,320
exclusive of any releases from or additions to the allocation or 42,321
any sanctions imposed under this section; 42,322
(2) If the amount is equal to the amount initially 42,324
appropriated for the immediately preceding fiscal year, each 42,325
county shall receive an amount equal to the amount it received in 42,327
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 42,328
section; 42,329
(3) If the amount is greater than the amount initially 42,331
appropriated for the immediately preceding fiscal year, each 42,332
county shall receive the amount determined under division 42,334
(A)(C)(2) of this section as a base allocation, plus a percentage 42,335
of the amount that exceeds the amount initially appropriated for 42,336
the immediately preceding fiscal year. The amount exceeding the 42,337
amount initially appropriated in the immediately preceding fiscal 42,338
year shall be allocated to the counties as follows: 42,339
(a) Twelve per cent divided equally among all counties; 42,341
(b) Forty-eight per cent in the ratio that the number of 42,343
residents of the county under the age of eighteen bears to the 42,345
total number of such persons residing in this state; 42,346
(c) Forty per cent in the ratio that the number of 42,348
residents of the county with incomes under the federal poverty 42,349
line GUIDELINE bears to the total number of such persons in this 42,351
state.
As used in this division (C)(3)(c) OF THIS SECTION, 42,353
"federal poverty guideline" means the poverty guideline as 42,355
defined by the United States office of management and budget and 42,357
revised by the United States secretary of health and human 42,358
services in accordance with section 673 of the "Community
952
Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, 42,360
as amended.
(B)(D) The department may adopt rules as necessary for the 42,363
allocation of funds under this section. The rules shall be 42,364
adopted in accordance with section 111.15 of the Revised Code. 42,365
(C)(E)(1) As used in this division, "services to children" 42,367
includes only children's protective services, home-based services 42,368
to children and families, family foster home services, 42,369
residential treatment services, adoptive services, and 42,370
independent living services. 42,371
(2) Except as otherwise provided in this section, the 42,373
allocation of funds for a fiscal year to a county under this 42,374
section shall be reduced by the department if in the preceding 42,375
calendar year the total amount expended for services to children 42,376
from local funds and funds distributed to the county under 42,377
section 5101.462 of the Revised Code was less than the total 42,378
expended from those sources in the second preceding calendar 42,379
year. The reduction shall be equal to the difference between the 42,380
total expended in the preceding calendar year and the total 42,381
expended in the second preceding calendar year. 42,382
The determination of whether the amount expended for 42,384
services to children was less in the preceding calendar year than 42,385
in the second preceding calendar year shall not include a 42,386
difference due to any of the following factors to the extent that 42,387
the difference does not exceed the amount attributable to that 42,388
factor: 42,389
(a) An across-the-board reduction in the county budget as 42,391
a whole; 42,392
(b) A reduced or failed levy specifically earmarked for 42,394
children services; 42,395
(c) A reduced allocation of funds to the county under 42,397
section 5101.462 of the Revised Code; 42,398
(d) The closure of, or a reduction in the operating 42,400
capacity of, a children's home owned and operated by the county. 42,401
953
(3) Funds withheld under this division may be reallocated 42,403
by the department to other counties. The department may grant 42,404
whole or partial waivers of the provisions of this division. 42,405
(D) No funds shall be paid to any county under this 42,407
section until the director of human services has approved a plan 42,408
for services to children submitted by the county department of 42,409
human services or the county children services board for the 42,410
current calendar year. The department of human services shall 42,411
adopt rules prescribing the general content of the county 42,412
children services plan and the general content of the evaluation 42,413
required by division (B)(16) of section 5153.16 of the Revised 42,414
Code. 42,415
(E)(F) Children who are in the temporary or permanent 42,417
custody of a certified public or private nonprofit agency or 42,418
institution, or who are in adoptions subsidized under division 42,419
(B) of section 5153.163 of the Revised Code are eligible for 42,420
medical assistance through the medical assistance program 42,421
established under section 5111.01 of the Revised Code. 42,422
(F)(G) Within ninety days after the end of each fiscal 42,424
year, each county shall return any unspent funds to the 42,425
department.
(G)(H) The department shall prepare an annual report 42,427
detailing on a county-by-county basis the services provided with 42,428
funds distributed under this section. The report shall be 42,429
submitted to the general assembly by the thirtieth day of 42,430
September each year and also shall be made available to the 42,431
public. 42,432
(H)(I) In accordance with Chapter 119. of the Revised 42,434
Code, the director shall adopt, and may amend and rescind, rules 42,435
prescribing reports on expenditures to be submitted by the 42,436
counties as necessary for the implementation of this section. 42,437
Sec. 5101.141. (A) The state department of human services 42,446
shall act as the single state agency to administer federal 42,447
payments for foster care and adoption assistance made pursuant to 42,448
954
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 42,449
U.S.C.A. 670 (1980), as amended, and shall adopt rules pursuant 42,450
to Chapter 119. of the Revised Code to implement this authority. 42,451
INTERNAL MANAGEMENT RULES GOVERNING FINANCIAL AND ADMINISTRATIVE 42,453
REQUIREMENTS APPLICABLE TO PUBLIC CHILDREN SERVICES AGENCIES 42,454
SHALL BE ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 42,455
CODE. RULES ESTABLISHING ELIGIBILITY, PROGRAM PARTICIPATION, AND 42,457
OTHER REQUIREMENTS SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 42,459
119. OF THE REVISED CODE. A PUBLIC CHILDREN SERVICES AGENCY TO 42,462
WHICH THE DEPARTMENT DISTRIBUTES Title IV-E funds distributed by 42,463
the state department to a county children services board or 42,464
county department of human services that has assumed the 42,465
administration of child welfare shall be administered by the 42,466
board or county department ADMINISTER THE FUNDS in accordance 42,467
with those rules. 42,468
(B)(1) The county shall, on behalf of each child eligible 42,470
for foster care maintenance payments under Title IV-E of the 42,471
"Social Security Act," make payments to cover the cost of 42,472
providing all of the following: 42,473
(a) The child's food, clothing, shelter, daily 42,475
supervision, and school supplies; 42,476
(b) The child's personal incidentals; 42,478
(c) Reasonable travel to the child's home for visitation. 42,480
(2) IN ADDITION TO PAYMENTS MADE UNDER DIVISION (B)(1) OF 42,482
THIS SECTION, THE COUNTY MAY, ON BEHALF OF EACH CHILD ELIGIBLE 42,483
FOR FOSTER CARE MAINTENANCE PAYMENTS UNDER TITLE IV-E OF THE 42,487
"SOCIAL SECURITY ACT," MAKE PAYMENTS TO COVER THE COST OF 42,490
PROVIDING THE FOLLOWING:
(a) LIABILITY INSURANCE WITH RESPECT TO THE CHILD; 42,493
(b) IF THE COUNTY IS PARTICIPATING IN THE DEMONSTRATION 42,496
PROJECT ESTABLISHED UNDER DIVISION (A) OF SECTION 5101.142 OF THE 42,497
REVISED CODE, SERVICES PROVIDED UNDER THE PROJECT. 42,498
(3) With respect to a child who is in a child-care 42,500
institution, including any type of group home designed for the 42,501
955
care of children or any privately operated program consisting of 42,502
two or more family foster homes operated by a common 42,503
administrative unit, the foster care maintenance payments made by 42,504
the county on behalf of the child shall include the reasonable 42,505
cost of the administration and operation of the institution, 42,506
group home, or program, as necessary to provide the items 42,507
described in division (B)(1) AND (2) of this section. 42,508
(C) To the extent that either foster care maintenance 42,510
payments under division (B) of this section or Title IV-E 42,511
adoption assistance payments for maintenance costs require the 42,512
expenditure of county funds, the board of county commissioners 42,513
shall report the nature and amount of each expenditure of county 42,514
funds to the state department of human services. 42,515
(D) The state department shall distribute to counties that 42,517
incur and report such expenditures federal financial 42,518
participation received for administrative and training costs 42,519
incurred in the operation of foster care maintenance and adoption 42,520
assistance programs. The department may withhold not more than 42,521
two per cent of the federal financial participation received. The 42,523
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its 42,524
own cost allocation plan. 42,525
(E) All federal funds received by a county pursuant to 42,527
this section shall be deposited in INTO the county's children 42,528
services fund created pursuant to division (A) of section 5101.14 42,530
5101.143 of the Revised Code and shall be used solely for 42,531
services to children under Chapter 5153. of the Revised Code. 42,532
This requirement is satisfied if, by clear audit trail, the 42,533
county can demonstrate that those funds were properly used to 42,534
reimburse the county general fund for children services 42,535
expenditures made pursuant to Chapter 5153. of the Revised Code. 42,536
(F) The department of human services shall periodically 42,538
publish and distribute the maximum amounts that the department 42,539
will reimburse county PUBLIC children services boards and county 42,541
956
departments of human services AGENCIES for making payments on 42,542
behalf of children eligible for foster care maintenance payments. 42,543
Sec. 5101.142. (A) THE DEPARTMENT MAY APPLY TO THE UNITED 42,546
STATES SECRETARY OF HEALTH AND HUMAN SERVICES FOR A WAIVER OF 42,547
REQUIREMENTS ESTABLISHED UNDER TITLE IV-E OF THE "SOCIAL SECURITY 42,549
ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), OR REGULATIONS 42,551
ADOPTED THEREUNDER, TO CONDUCT A DEMONSTRATION PROJECT EXPANDING 42,552
ELIGIBILITY FOR AND SERVICES PROVIDED UNDER TITLE IV-E. THE 42,554
DEPARTMENT MAY ENTER INTO AGREEMENTS WITH THE SECRETARY NECESSARY 42,555
TO IMPLEMENT THE DEMONSTRATION PROJECT, INCLUDING AGREEMENTS 42,556
ESTABLISHING THE TERMS AND CONDITIONS OF THE WAIVER AUTHORIZING 42,557
THE PROJECT. IF A DEMONSTRATION PROJECT IS TO BE ESTABLISHED, 42,558
THE DEPARTMENT OF HUMAN SERVICES SHALL DO ALL OF THE FOLLOWING: 42,559
(1) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 42,563
REVISED CODE GOVERNING THE PROJECT. THE RULES SHALL BE 42,565
CONSISTENT WITH THE AGREEMENTS THE DEPARTMENT ENTERS INTO WITH 42,566
THE SECRETARY.
(2) ENTER INTO AGREEMENTS WITH PUBLIC CHILDREN SERVICES 42,569
AGENCIES THAT THE DEPARTMENT SELECTS FOR PARTICIPATION IN THE 42,570
PROJECT. THE DEPARTMENT SHALL NOT SELECT AN AGENCY THAT OBJECTS 42,571
TO PARTICIPATION OR REFUSES TO BE BOUND BY THE TERMS AND 42,572
CONDITIONS OF THE PROJECT. 42,573
(3) CONTRACT WITH PERSONS OR GOVERNMENTAL AGENCIES 42,576
PROVIDING SERVICES UNDER THE PROJECT; 42,577
(4) AMEND THE STATE PLAN REQUIRED BY SECTION 471 OF THE 42,581
"SOCIAL SECURITY ACT," 42 U.S.C.A. 671, AS AMENDED, AS NEEDED TO 42,585
IMPLEMENT THE PROJECT;
(5) CONDUCT ONGOING EVALUATIONS OF THE PROJECT; 42,588
(6) PERFORM OTHER ADMINISTRATIVE AND OPERATIONAL 42,591
ACTIVITIES REQUIRED BY THE AGREEMENT WITH THE SECRETARY. 42,592
(B) THE DEPARTMENT MAY APPLY TO THE UNITED STATES 42,595
SECRETARY OF HEALTH AND HUMAN SERVICES FOR A WAIVER OF THE 42,596
REQUIREMENTS ESTABLISHED UNDER TITLE IV-B OF THE "SOCIAL SECURITY 42,600
ACT OF 1967," 81 STAT. 821, 42 U.S.C.A. 620 OR REGULATIONS 42,603
957
ADOPTED THEREUNDER AND ESTABLISHED UNDER ANY OTHER FEDERAL LAW OR 42,604
REGULATIONS THAT AFFECT THE CHILDREN SERVICES FUNCTIONS
PRESCRIBED BY CHAPTER 5153. OF THE REVISED CODE, TO CONDUCT 42,607
DEMONSTRATION PROJECTS OR OTHERWISE IMPROVE THE EFFECTIVENESS AND
EFFICIENCY OF THE CHILDREN SERVICES FUNCTION. 42,608
Sec. 5101.143. AS USED IN THIS SECTION, "CHILDREN 42,611
SERVICES" MEANS SERVICES PROVIDED TO CHILDREN PURSUANT TO CHAPTER 42,613
5153. OF THE REVISED CODE.
EACH COUNTY SHALL DEPOSIT ALL FUNDS ITS PUBLIC CHILDREN 42,615
SERVICES AGENCY RECEIVES FROM APPROPRIATIONS MADE BY THE BOARD OF 42,616
COUNTY COMMISSIONERS OR ANY OTHER SOURCE FOR THE PURPOSE OF 42,618
PROVIDING CHILDREN SERVICES INTO A SPECIAL FUND IN THE COUNTY 42,619
TREASURY KNOWN AS THE CHILDREN SERVICES FUND. A COUNTY SHALL USE 42,620
MONEY IN THE FUND ONLY FOR THE PURPOSES OF MEETING THE EXPENSES 42,621
OF PROVIDING CHILDREN SERVICES.
Sec. 5101.461. (A) The department of aging shall have the 42,631
right to review and comment upon any portion or any revision of 42,632
any portion of the comprehensive social services plan that is 42,633
directed toward persons who are sixty years of age or older. 42,634
(B) Prior to one hundred fifty days before the proposed 42,636
effective date of any proposed plan, the departments of mental 42,637
health and mental retardation and developmental disabilities 42,638
shall make those portions of the plan that apply to mental health 42,639
and mental retardation and developmental disabilities services 42,640
available to the department of human services for inclusion in 42,641
the comprehensive social services plan. 42,642
(C) No later than one hundred fifty days before the 42,644
proposed effective date of any proposed plan, the department of 42,645
human services shall submit the plan to the speaker of the house 42,646
of representatives and the president of the senate. The speaker 42,647
and the president shall refer the plan to the standing committee 42,648
of his THE respective house that has the primary responsibility 42,649
for the consideration of human services legislation, for review 42,651
and recommendation for favorable or unfavorable consideration. 42,652
958
(D) No later than one hundred fifty days before the 42,654
effective date of any proposed state plan, the department of 42,655
human services shall hold a public comment period for a period of 42,656
not less than forty-five days. Members of the public may submit 42,657
written comments and recommendations on the proposed plan to the 42,658
department during the public comment period. 42,659
(E) No later than ninety days before the effective date of 42,661
the proposed plan, the department shall submit to the speaker of 42,662
the house of representatives and the president of the senate all 42,663
comments and recommendations received during the public comment 42,664
period and a summary of the comments and recommendations made at 42,665
county hearings held pursuant to section 329.07 of the Revised 42,666
Code. The speaker and president shall refer the testimony to the 42,667
respective standing committees to which the plan was referred for 42,668
review. 42,669
(F) No later than ninety days before the effective date of 42,671
the proposed state plan, the department of human services shall 42,672
submit its proposed revisions to the plan, including any 42,673
revisions in the portions of the plan that apply to mental health 42,674
and mental retardation and developmental disabilities, to the 42,675
speaker and the president, who shall refer the proposed revisions 42,676
to the respective standing committees to which the plan was 42,677
referred for review. The department shall consider comments and 42,678
recommendations received during the public comment period or made 42,679
at county hearings in proposing revisions to the plan. The 42,680
departments of mental health and mental retardation and 42,681
developmental disabilities shall submit any proposed revisions in 42,682
the portions of the plan applying to their respective departments 42,683
in time to permit their incorporation into the revisions proposed 42,684
by the department of human services. 42,685
(G)(1) The respective standing committees shall review the 42,687
proposed state plan, the comments and recommendations from the 42,688
public comment period and county hearings, and any proposed 42,689
revisions to the plan made pursuant to division (F) of this 42,690
959
section. Either committee reviewing the plan may recommend a 42,691
concurrent resolution modifying the proposed plan or may 42,692
recommend that the department submit a modified plan to the 42,693
speaker and the president, who shall each refer the modified plan 42,694
to the standing committees to which the plan was referred for 42,695
review. The resolution may include any revisions proposed by the 42,696
department of human services and any other revisions or 42,697
modifications the general assembly considers necessary for the 42,698
effective administration of social services. 42,699
If the general assembly fails to pass a concurrent 42,701
resolution modifying the plan within forty-five days of the 42,702
effective date of the plan, the modified plan most recently 42,703
submitted to the speaker and the president, or, if no modified 42,704
plan was submitted, the proposed plan, including any revisions 42,705
proposed under division (F) of this section, shall be considered 42,706
to have been adopted. 42,707
(H) After adoption of the plan under division (G) of this 42,709
section, the department shall submit any proposed revision of any 42,710
portion of the plan to the speaker and the president, who shall 42,711
refer the proposed revision to the standing committees to which 42,712
the plan was referred for review. If neither standing committee 42,713
recommends a concurrent resolution opposing the proposed revision 42,714
within thirty days after its submission, the proposed revision 42,715
shall be considered to have been adopted and the department shall 42,716
incorporate the revision into the plan. 42,717
(I) The department of human services shall adopt rules 42,719
under section 111.15 of the Revised Code governing the 42,720
preparation, review, and revision of the comprehensive social 42,721
services plan. These rules shall include: 42,722
(1) Guidelines for the preparation of a local needs report 42,724
by county departments of human services pursuant to section 42,725
329.04 of the Revised Code, including the contents of the report 42,726
and any guidelines or criteria for evaluation of local services 42,727
or needs; 42,728
960
(2) The procedure for review and evaluation by the 42,730
department of local needs reports and county plans prepared 42,731
pursuant to section 329.04 of the Revised Code. 42,732
Sec. 5101.58. The acceptance of aid pursuant to Chapter 42,742
5107., 5111., or 5115. of the Revised Code gives a right of 42,744
subrogation RECOVERY to the department of human services and the 42,745
A COUNTY department of human services of any county against the 42,746
liability of a third party for the cost of medical services and 42,747
care arising out of injury, disease, or disability of the 42,748
recipient. When an action or claim is brought against a third 42,749
party by a recipient of aid under Chapter 5107., 5111., or 5115. 42,750
of the Revised Code, the entire amount of any settlement or 42,751
compromise of the action or claim, or any court award or 42,752
judgment, is subject to the subrogation RECOVERY right of the 42,753
department of human services or the COUNTY department of human 42,755
services of any county. The EXCEPT IN THE CASE OF A RECIPIENT 42,756
WHO RECEIVES MEDICAL SERVICES OR CARE THROUGH A MANAGED CARE 42,757
ORGANIZATION, THE department's subrogated claim shall not exceed 42,758
the amount of medical expenses paid by the departments on behalf 42,759
of the recipient. IN THE CASE OF A RECIPIENT WHO RECEIVES 42,760
MEDICAL SERVICES OR CARE THROUGH A MANAGED CARE ORGANIZATION, THE 42,761
AMOUNT OF THE DEPARTMENT'S CLAIM SHALL BE THE AMOUNT THE MANAGED 42,762
CARE ORGANIZATION PAYS FOR MEDICAL SERVICES OR CARE RENDERED TO 42,763
THE RECIPIENT, EVEN IF THAT AMOUNT IS MORE THAN THE AMOUNT THE 42,764
DEPARTMENTS PAY TO THE MANAGED CARE ORGANIZATION FOR THE
RECIPIENT'S MEDICAL SERVICES OR CARE. Any settlement, 42,765
compromise, judgment, or award that excludes the cost of medical 42,767
services or care shall not preclude the departments from 42,768
enforcing their rights under this section. 42,769
Prior to initiating any recovery action, the recipient or 42,771
his THE RECIPIENT'S representative shall disclose the identity of 42,773
any third party against whom the recipient has or may have a 42,774
right of recovery. Disclosure shall be made to the department of 42,775
human services when medical expenses have been paid pursuant to 42,776
961
Chapter 5107., 5111., or 5115. of the Revised Code. Disclosure 42,777
shall be made to both the department of human services and the 42,778
appropriate county department of human services when medical 42,779
expenses have been paid pursuant to Chapter 5115. of the Revised 42,780
Code. No settlement, compromise, judgment, or award or any 42,781
recovery in any action or claim by a recipient where the 42,782
departments have a right of subrogation RECOVERY shall be made 42,783
final without first giving the appropriate departments notice and 42,785
a reasonable opportunity to perfect their rights of subrogation 42,786
RECOVERY. If the departments are not given appropriate notice, 42,788
the recipient is liable to reimburse the departments for the 42,789
recovery received to the extent of medical payments made by the 42,790
departments. The departments shall be permitted to enforce their 42,791
subrogation RECOVERY rights against the third party even though 42,793
they accepted prior payments in discharge of their rights under 42,794
this section if, at the time the departments received such 42,795
payments, they were not aware that additional medical expenses 42,796
had been incurred but had not yet been paid by the departments. 42,797
The third party becomes liable to the department of human 42,798
services or county department of human services as soon as the 42,799
third party is notified in writing of the valid claims for 42,800
subrogation RECOVERY under this section.
Subrogation THE RIGHT OF RECOVERY does not apply to that 42,802
portion of any judgment, award, settlement, or compromise of a 42,804
claim, to the extent of attorneys' fees, costs, or other expenses 42,805
incurred by a recipient in securing the judgment, award, 42,806
settlement, or compromise, or to the extent of medical, surgical, 42,807
and hospital expenses paid by such recipient from his THE 42,808
RECIPIENT'S own resources. Attorney fees and costs or other 42,810
expenses in securing any recovery shall not be assessed against 42,811
any subrogated claims of the departments.
To enforce their subrogation RECOVERY rights, the 42,813
departments may do any of the following: 42,815
(A) Intervene or join in any action or proceeding brought 42,817
962
by the recipient or on his THE RECIPIENT'S behalf against any 42,818
third party who may be liable for the cost of medical services 42,820
and care arising out of the recipient's injury, disease, or 42,821
disability;
(B) Institute and pursue legal proceedings against any 42,823
third party who may be liable for the cost of medical services 42,824
and care arising out of the recipient's injury, disease, or 42,825
disability; 42,826
(C) Initiate legal proceedings in conjunction with the 42,828
injured, diseased, or disabled recipient or his THE RECIPIENT'S 42,829
legal representative. 42,831
Subrogation RECOVERY rights created by this section may be 42,833
enforced separately or jointly by the department of human 42,835
services and the county department of human services. 42,836
The right of subrogation RECOVERY given to the department 42,838
under this section does not include rights to support from any 42,840
other person assigned to the state under sections 5107.07 and 42,841
5115.13 of the Revised Code, but includes payments made by a 42,842
third party under contract with a person having a duty to 42,843
support. 42,844
THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES IN 42,846
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THE DEPARTMENT 42,847
CONSIDERS NECESSARY TO IMPLEMENT THIS SECTION. 42,848
Sec. 5101.831. A COUNTY DEPARTMENT OF HUMAN SERVICES MAY 42,850
CONTRACT WITH ANY SCHOOL DISTRICT BOARD OF EDUCATION THAT HAS 42,851
ADOPTED A RESOLUTION UNDER SECTION 3319.089 OF THE REVISED CODE 42,852
TO PROVIDE FOR AN EMPLOYABLE RECIPIENT OF ASSISTANCE UNDER TITLE 42,854
IV-A OF THE "SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 42,855
U.S.C.A. 601, AS AMENDED, WHO HAS A CHILD ENROLLED IN A PUBLIC 42,857
SCHOOL IN THAT DISTRICT IN GRADE FOUR OR LOWER TO BE ASSIGNED 42,859
UNDER THE WORK EXPERIENCE PROGRAM TO VOLUNTEER OR WORK FOR
COMPENSATION AT THAT PUBLIC SCHOOL. THE ASSIGNMENT SHALL INCLUDE 42,860
ATTENDING ACADEMIC HOME ENRICHMENT CLASSES THAT PROVIDE 42,861
INSTRUCTION FOR PARENTS IN CREATING A HOME ENVIRONMENT THAT 42,862
963
PREPARES AND ENABLES CHILDREN TO LEARN AT SCHOOL. UNLESS IT IS 42,863
NOT POSSIBLE OR PRACTICAL, CONTRACTS SHALL PROVIDE FOR AN 42,864
EMPLOYABLE RECIPIENT TO VOLUNTEER OR WORK AT THE SCHOOL AS A
CLASSROOM AIDE. IF THAT IS IMPOSSIBLE OR IMPRACTICAL, THE 42,865
CONTRACT MAY PROVIDE FOR THE EMPLOYABLE RECIPIENT TO VOLUNTEER TO 42,867
WORK IN ANOTHER POSITION AT THE SCHOOL. A CONTRACT MAY PROVIDE 42,868
FOR THE BOARD OF EDUCATION TO RECEIVE FUNDING TO PAY FOR 42,869
COORDINATING, TRAINING, AND SUPERVISING EMPLOYABLE RECIPIENTS 42,870
VOLUNTEERING OR WORKING AT PUBLIC SCHOOLS. 42,871
NOTWITHSTANDING SECTION 3319.088 OF THE REVISED CODE, AN 42,873
EMPLOYABLE RECIPIENT VOLUNTEERING OR WORKING AS A CLASSROOM AIDE 42,874
UNDER THIS SECTION IS NOT REQUIRED TO OBTAIN AN EDUCATIONAL AIDE 42,876
PERMIT OR PARAPROFESSIONAL LICENSE. AN ASSIGNED RECIPIENT SHALL 42,877
NOT BE CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR 42,878
PURPOSES OF CHAPTER 2744. OF THE REVISED CODE AND IS NOT ENTITLED
TO ANY IMMUNITY OR DEFENSE AVAILABLE UNDER THAT CHAPTER, THE 42,880
COMMON LAW OF THIS STATE, OR SECTION 9.86 OF THE REVISED CODE. 42,881
Sec. 5101.832. (A) AS USED IN THIS SECTION: 42,884
(1) "HEAD START AGENCY" HAS THE SAME MEANING AS IN SECTION 42,886
3301.31 OF THE REVISED CODE. 42,888
(2) "SPECIFIED RELATIVE" HAS THE MEANING ESTABLISHED IN 42,890
RULES ADOPTED UNDER SECTION 5107.03 OF THE REVISED CODE. 42,892
(B) TO THE MAXIMUM EXTENT PERMITTED BY TITLE IV-A OF THE 42,895
"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS 42,897
AMENDED, AND THE REGULATIONS ADOPTED UNDER THAT TITLE, THE 42,898
DEPARTMENT OF HUMAN SERVICES SHALL COUNT TOWARD FULFILLMENT OF 42,899
THE WORK REQUIREMENTS OF THAT TITLE ANY HOURS AN EMPLOYABLE 42,900
RECIPIENT WHO IS THE PARENT OF, OR A SPECIFIED RELATIVE 42,901
RESPONSIBLE FOR THE CARE OF, A CHILD ENROLLED IN A HEAD START 42,902
AGENCY SPENDS VOLUNTEERING AT THE CHILD'S HEAD START AGENCY.
Sec. 5101.891. AS USED IN THIS SECTION: 42,904
(A) "COMMUNITY ACTION AGENCY" HAS THE SAME MEANING AS IN 42,907
SECTION 122.66 OF THE REVISED CODE. 42,909
(B) "PRIVATE CHILD PLACING AGENCY" AND "PRIVATE 42,912
964
NONCUSTODIAL AGENCY" HAVE THE SAME MEANINGS AS IN SECTION 42,913
2151.011 OF THE REVISED CODE. 42,915
A COUNTY DEPARTMENT OF HUMAN SERVICES MAY CONTRACT WITH A 42,917
COMMUNITY ACTION AGENCY, PRIVATE CHILD PLACING AGENCY, PRIVATE 42,918
NONCUSTODIAL AGENCY, RELIGIOUS ORGANIZATION, OR OTHER PRIVATE 42,919
ENTITY FOR THE ENTITY TO ASSUME SOME OR ALL OF THE COUNTY 42,920
DEPARTMENT'S DUTIES UNDER SECTIONS 5101.80 TO 5101.94 OF THE 42,922
REVISED CODE. IF MORE THAN ONE PRIVATE ENTITY OFFERS TO CONTRACT 42,924
WITH A COUNTY DEPARTMENT UNDER THIS SECTION, THE COUNTY 42,925
DEPARTMENT SHALL GIVE PRIORITY IN CONTRACTING TO ENTITIES THAT 42,926
OFFER TO SHARE COSTS OF PERFORMING THE DUTIES UNDER THE CONTRACT. 42,927
Sec. 5103.12. (A) AS USED IN THIS SECTION: 42,930
(1) "HEARING" HAS THE SAME MEANING AS IN SECTION 119.01 OF 42,933
THE REVISED CODE. 42,934
(2) "PERMANENT CUSTODY" HAS THE SAME MEANING AS IN SECTION 42,937
2151.011 OF THE REVISED CODE. 42,938
(B) THE DEPARTMENT OF HUMAN SERVICES MAY ENTER INTO 42,941
AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES AND PRIVATE 42,942
CHILD PLACING AGENCIES UNDER WHICH THE DEPARTMENT WILL MAKE 42,943
PAYMENTS TO ENCOURAGE THE ADOPTIVE PLACEMENT OF CHILDREN IN THE 42,944
PERMANENT CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY. IF THE 42,945
DEPARTMENT TERMINATES, OR REFUSES TO ENTER INTO OR RENEW, AN 42,946
AGREEMENT WITH A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 42,947
PLACING AGENCY UNDER THIS SECTION, THE AGENCY IS ENTITLED TO A 42,948
HEARING.
NOTWITHSTANDING SECTION 127.16 OF THE REVISED CODE, THE 42,952
DEPARTMENT IS NOT REQUIRED TO FOLLOW COMPETITIVE SELECTION 42,953
PROCEDURES OR TO RECEIVE THE APPROVAL OF THE CONTROLLING BOARD TO 42,954
ENTER INTO AGREEMENTS UNDER THIS SECTION OR TO MAKE PAYMENTS 42,955
PURSUANT TO THE AGREEMENTS. 42,956
(C) THE DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 42,960
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION, 42,962
INCLUDING RULES THAT ESTABLISH ALL OF THE FOLLOWING: 42,963
(1) A SINGLE, UNIFORM AGREEMENT THAT, AT A MINIMUM, 42,965
965
PRESCRIBES A PAYMENT SCHEDULE AND THE TERMS AND CONDITIONS WITH 42,966
WHICH A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING 42,967
AGENCY MUST COMPLY TO RECEIVE A PAYMENT; 42,968
(2) ELIGIBILITY REQUIREMENTS A PUBLIC CHILDREN SERVICES 42,970
AGENCY OR PRIVATE CHILD PLACING AGENCY MUST MEET TO ENTER INTO AN 42,972
AGREEMENT WITH THE DEPARTMENT;
(3) ELIGIBILITY REQUIREMENTS THAT A CHILD WHO IS THE 42,974
SUBJECT OF AN AGREEMENT MUST MEET; 42,975
(4) OTHER ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS. 42,978
Sec. 5104.02. (A) The director of human services is 42,987
responsible for the licensing of child day-care centers and type 42,988
A family day-care homes, and for the enforcement of this chapter 42,989
and of rules promulgated pursuant to this chapter. No person, 42,990
firm, organization, institution, or agency shall operate, 42,991
establish, manage, conduct, or maintain a child day-care center 42,992
or type A family day-care home without a license issued under 42,993
section 5104.03 of the Revised Code. The current license shall 42,994
be posted in a conspicuous place in the center or type A home 42,995
that is accessible to parents, custodians, or guardians and 42,996
employees of the center or type A home at all times when the 42,997
center or type A home is in operation. 42,998
(B) A person, firm, institution, organization, or agency 43,000
operating any of the following programs is exempt from the 43,001
provisions of this chapter: 43,002
(1) A program of child day-care that operates for two or 43,004
less consecutive weeks; 43,005
(2) Child day-care in places of worship during religious 43,007
activities during which children are cared for while at least one 43,008
parent, guardian, or custodian of each child is participating in 43,009
such activities and is readily available; 43,010
(3) Religious activities which do not provide child 43,012
day-care; 43,013
(4) Supervised training, instruction, or activities of 43,015
children in specific areas, including, but not limited to: art; 43,016
966
drama; dance; music; gymnastics, swimming, or another athletic 43,017
skill or sport; computers; or an educational subject conducted on 43,018
an organized or periodic basis no more than one day a week and 43,019
for no more than six hours duration; 43,020
(5) Programs in which the director determines that at 43,022
least one parent, custodian, or guardian of each child is on the 43,023
premises of the facility offering child day-care and is readily 43,024
accessible at all times, except that child day-care provided on 43,025
the premises of a parent's, custodian's, or guardian's place of 43,026
employment AT WHICH A PARENT, CUSTODIAN, OR GUARDIAN IS EMPLOYED 43,027
MORE THAN TWO AND ONE-HALF HOURS A DAY shall be licensed in 43,028
accordance with division (A) of this section; 43,030
(6)(a) Programs that provide child day-care funded and 43,032
regulated or operated and regulated by state departments other 43,033
than the department of human services or the state board of 43,034
education when the director of human services has determined that 43,035
the rules governing the program are equivalent to or exceed the 43,036
rules promulgated pursuant to this chapter. 43,037
Notwithstanding any exemption from regulation under this 43,039
chapter, each state department shall submit to the director of 43,040
human services a copy of the rules that govern programs that 43,041
provide child day-care and are regulated or operated and 43,042
regulated by the department. Annually, each state department 43,043
shall submit to the director a report for each such program it 43,044
regulates or operates and regulates that includes the following 43,045
information: 43,046
(i) The site location of the program; 43,048
(ii) The maximum number of infants, toddlers, preschool 43,050
children, or school children served by the program at one time; 43,051
(iii) The number of adults providing child day-care for 43,053
the number of infants, toddlers, preschool children, or school 43,054
children; 43,055
(iv) Any changes in the rules made subsequent to the time 43,057
when the rules were initially submitted to the director. 43,058
967
The director shall maintain a record of the child day-care 43,060
information submitted by other state departments and shall 43,061
provide this information upon request to the general assembly or 43,062
the public. 43,063
(b) Child day-care programs conducted by boards of 43,065
education or by chartered nonpublic schools that are conducted in 43,066
school buildings and that provide child day-care to school 43,067
children only shall be exempt from meeting or exceeding rules 43,068
promulgated pursuant to this chapter. 43,069
(7) Any preschool program or school child program that is 43,071
subject to licensure by the department of education under 43,072
sections 3301.52 to 3301.59 of the Revised Code. 43,073
(8) Any program providing child day-care that meets all of 43,075
the following requirements and, on October 20, 1987, was being 43,076
operated by a nonpublic school that holds a charter issued by the 43,077
state board of education for kindergarten only: 43,078
(a) The nonpublic school has given the notice to the state 43,080
board and the director of human services required by Section 4 of 43,081
Substitute House Bill No. 253 of the 117th general assembly; 43,082
(b) The nonpublic school continues to be chartered by the 43,084
state board for kindergarten, or receives and continues to hold a 43,085
charter from the state board for kindergarten through grade five; 43,086
(c) The program is conducted in a school building; 43,088
(d) The program is operated in accordance with rules 43,090
promulgated by the state board under sections 3301.52 to 3301.57 43,091
of the Revised Code. 43,092
(C) A person, firm, organization, institution, or agency 43,094
operating a child day-care center or type A family day-care home 43,095
that is exempt under division (B) of this section from licensure 43,096
under division (A) of this section may apply for a license under 43,097
division (A) of this section. All requirements of this chapter 43,098
and of rules promulgated pursuant to this chapter shall apply to 43,099
any exempt child day-care center or type A home that applies for 43,100
a license under division (A) of this section. Licensure pursuant 43,101
968
to this division constitutes an irrevocable waiver of the exempt 43,102
status of the applicant under division (B) of this section. 43,103
Sec. 5104.30. (A) The department of human services is 43,112
hereby designated as the state agency responsible for 43,113
administration and coordination of federal and state funding for 43,114
publicly funded child day-care in this state. The PUBLICLY 43,116
FUNDED CHILD DAY-CARE SHALL BE PROVIDED TO THE FOLLOWING: 43,117
(1) RECIPIENTS OF TRANSITIONAL CHILD DAY-CARE AS DEFINED 43,119
IN SECTION 5104.32 OF THE REVISED CODE; 43,122
(2) RECIPIENTS OF AID UNDER CHAPTER 5107. OF THE REVISED 43,127
CODE;
(3) SUBJECT TO AVAILABLE FUNDS, OTHER INDIVIDUALS 43,129
DETERMINED ELIGIBLE IN ACCORDANCE WITH RULES ADOPTED UNDER 43,130
SECTION 5104.38 OF THE REVISED CODE. 43,132
THE department shall apply to the United States department 43,136
of health and human services for authority to operate a 43,137
coordinated program for publicly funded child day-care, if the 43,138
director of human services determines that the application is 43,139
necessary. For purposes of this section, the department of human 43,140
services may enter into agreements with other state agencies that 43,141
are involved in regulation or funding of child day-care. The 43,142
department shall consider the special needs of migrant workers 43,143
when it administers and coordinates publicly funded child 43,144
day-care and shall develop appropriate procedures for 43,145
accommodating the needs of migrant workers for publicly funded 43,146
child day-care.
(B) The department of human services shall distribute 43,148
state and federal funds for publicly funded child day-care, 43,149
including appropriations of state funds for publicly funded child 43,150
day-care and appropriations of federal funds for publicly funded 43,151
child day-care under Title IV-A of the "Social Security Act," 49 43,152
Stat. 627 (1935), 42 U.S.C.A. 601, as amended, Title XX of the 43,153
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 43,154
amended, the "Family Support Act of 1988," 102 Stat. 2343, 42 43,155
969
U.S.C.A. 1305 note, as amended, section 5081 of the "Omnibus 43,156
Budget Reconciliation Act of 1990," 104 Stat. 1388-233, 42 U.S.C. 43,157
602(i), as amended, and the child care block grant act. The 43,158
department may use any state funds appropriated for publicly 43,159
funded child day-care as the state share required to match any 43,160
federal funds appropriated for publicly funded child day-care. 43,161
(C) The department may use federal funds available under 43,163
the child care block grant act to hire staff to prepare any rules 43,164
required under this chapter and to administer and coordinate 43,165
federal and state funding for publicly funded child day-care, 43,166
PROVIDED THAT NOT MORE THAN FIVE PER CENT OF THE AGGREGATE AMOUNT 43,168
OF THOSE FUNDS RECEIVED FOR A FISCAL YEAR ARE EXPENDED FOR 43,169
ADMINISTRATIVE COSTS. In accordance with the applicable 43,170
provisions of sections 658(E)(c)(3)(C), (G), and (H) of the child 43,171
care block grant act, 42 U.S.C. 9858(c)(c)(3)(C), (e), and (f), 43,172
the THE department shall allocate and use at least twenty-five 43,173
FOUR per cent of those federal funds for a program of grants and 43,174
loans that are distributed upon application for proposals THE 43,175
FOLLOWING:
(1) ACTIVITIES THAT ARE DESIGNED TO PROVIDE COMPREHENSIVE 43,177
CONSUMER EDUCATION TO PARENTS AND THE PUBLIC; 43,178
(2) ACTIVITIES THAT INCREASE PARENTAL CHOICE; 43,180
(3) ACTIVITIES DESIGNED to improve the quality, and 43,182
increase the supply, of child day-care and to provide before 43,184
school, after school, and early childhood development services, 43,185
shall use not less than seventy-five per cent of the twenty-five 43,186
per cent allocated for the grant and loan program to establish or 43,187
to expand and conduct, through grants or contracts, early 43,188
childhood development programs or before school and after school 43,189
child day-care programs, and shall use not less than twenty per 43,190
cent of the twenty-five per cent allocated for the grant and loan 43,191
program for, INCLUDING child day-care resource and referral 43,192
services, for grants and loans to assist providers of child 43,194
day-care in meeting the requirements of this chapter, to monitor 43,195
970
compliance with this chapter, to provide training and technical 43,196
assistance relative to child day-care, and to improve 43,197
compensation paid to child day-care staff.
The department shall establish procedures for requesting 43,199
proposals and awarding grants under this division for expanding 43,200
and conducting early childhood development programs or before 43,201
school and after school child day-care programs. Each county may 43,202
submit only one coordinated proposal. The proposal shall include 43,203
a community needs assessment and evidence of broad community 43,204
participation in the proposal's development. The proposal may 43,205
provide that funds are to be divided among several child care 43,206
programs or prospective child care programs. At minimum, the 43,207
county coordinated proposal shall be endorsed by a majority of 43,208
the following: the director of the county department of human 43,209
services, the superintendents of school districts in which the 43,210
programs are proposed, the head start programs in the county, and 43,211
the child day-care resource and referral service organizations 43,212
serving the county. 43,213
(D) The department shall ensure that any federal funds 43,215
received by the state under the child care block grant act will 43,216
be used only to supplement, and will not be used to supplant, 43,217
federal, state, and local funds available on the effective date 43,218
of that act for publicly funded child day-care and related 43,219
programs. A county department of human services may purchase 43,220
child day-care from funds obtained through any other means. 43,221
(E) The department shall encourage the development of 43,223
suitable child day-care throughout the state, especially in areas 43,224
with high concentrations of recipients of public assistance and 43,225
families with low adjusted incomes. The department shall 43,226
encourage the development of suitable child day-care designed to 43,227
accommodate the special needs of migrant workers. On request, 43,228
the department, through its employees or contracts with state or 43,229
community child day-care resource and referral service 43,230
organizations, shall provide consultation to groups and 43,231
971
individuals interested in developing child day-care. The 43,232
department of human services may enter into interagency 43,233
agreements with the department of education, the board of 43,234
regents, the department of development, and other state agencies 43,235
and entities whenever the cooperative efforts of the other state 43,236
agencies and entities are necessary for the department of human 43,237
services to fulfill its duties and responsibilities under this 43,238
chapter. 43,239
(F) Based upon the market rate surveys it conducts in 43,241
accordance with rules adopted under Chapter 119. of the Revised 43,242
Code, the department of human services shall establish a maximum 43,243
rate of assistance that it will reimburse county departments of 43,244
human services for payments made to a child day-care center, type 43,245
A family day-care home, certified type B family day-care home, 43,246
certified in-home aide, approved child day camp, licensed school 43,247
child program, or licensed preschool program, which rate of 43,248
assistance may include a specific maximum rate for child day-care 43,249
that meets the performance standards of the "Head Start Act," 95 43,250
Stat. 499, 42 U.S.C. 9831 (1981), as amended, or that is 43,251
accredited by a nationally recognized early childhood education 43,252
or child care organization that provides on-site peer review and 43,253
has written standards exceeding the child day-care licensing 43,254
standards of this state that are reviewed periodically by its 43,255
members. If the department chooses to include a specific maximum 43,256
rate for child day-care received from providers accredited by 43,257
nationally recognized organizations, the department may annually 43,258
compile and publish a list of the organizations that qualify as 43,259
such accrediting organizations under this division. The 43,260
department may adopt rules regarding specific maximum rates, but 43,261
shall not implement them prior to July 1, 1992. The department 43,262
shall use the rate adopted for day-care of school children during 43,263
vacation hours when determining the maximum rate of assistance 43,264
that it will reimburse county departments of human services for 43,265
payments made to an approved child day camp. 43,266
972
The maximum rate may be waived by the department upon the 43,268
request of a county department of human services for an increase 43,269
in the rate of assistance based on the special needs of a child, 43,270
the special circumstances of a family, or unique child day-care 43,271
market conditions. The maximum rate may vary from county to 43,272
county according to variations in the cost of their services. 43,273
(G) The department shall adopt rules in accordance with 43,275
Chapter 119. of the Revised Code establishing a procedure for 43,277
paying providers of publicly funded child day-care.
Sec. 5104.38. In addition to any other rules adopted under 43,286
this chapter, the department of human services shall adopt rules 43,287
in accordance with Chapter 119. of the Revised Code that 43,288
establish all of the following: 43,289
(A) Procedures and criteria to be used in making 43,291
determinations of eligibility for publicly funded child day-care 43,292
that give priority to children of families with lower adjusted 43,293
incomes, including any amounts to be deducted from adjusted gross 43,294
income for the purpose of determining adjusted income and 43,295
procedures and criteria for eligibility for publicly funded 43,296
protective day-care;. THE RULES SHALL SPECIFY THE MAXIMUM AMOUNT 43,297
OF ADJUSTED INCOME A FAMILY MAY HAVE FOR INITIAL ELIGIBILITY AND 43,298
ALLOW A FAMILY TO CONTINUE TO RECEIVE PUBLICLY FUNDED CHILD 43,299
DAY-CARE UNTIL THE FAMILY'S ADJUSTED INCOME EXCEEDS ONE HUNDRED 43,300
FIFTY PER CENT OF THE FEDERAL POVERTY LINE. INITIAL AND 43,301
CONTINUED ELIGIBILITY IS SUBJECT TO AVAILABLE FUNDS IF THE FAMILY 43,302
IS NOT RECEIVING TRANSITIONAL CHILD DAY-CARE AS DEFINED IN 43,303
SECTION 5104.32 OF THE REVISED CODE OR AID UNDER CHAPTER 5107. OF 43,306
THE REVISED CODE. 43,308
(B) A schedule of fees requiring any or all eligible 43,310
caretaker parents to pay a fee for publicly funded child day-care 43,311
according to adjusted income and family size, which. THE 43,313
schedule of fees shall be uniform for all types of publicly 43,314
funded child day-care, shall not apply to caretaker parents whose 43,315
children receive protective day-care OR TO CARETAKER PARENTS 43,316
973
ELIGIBLE PURSUANT TO DIVISION (A)(2) OF SECTION 5104.30 OF THE 43,318
REVISED CODE, and, to the extent permitted by federal law, shall 43,319
permit the use of state and federal funds to pay the customary 43,320
deposits and other advance payments that a provider charges all 43,321
children who receive child day-care from that provider;. 43,322
(C) A formula based upon a percentage of the county's 43,324
total expenditures for publicly funded child day-care for 43,325
determining the maximum amount of state and federal funds 43,326
appropriated for publicly funded child day-care that a county 43,327
department may use for administrative purposes; a definition of 43,328
administrative purposes that specifies that recruiting child 43,329
day-care providers, providing child day-care resource and 43,330
referral services through a nonprofit organization or a county 43,331
department of human services, certifying child day-care 43,332
providers, and providing technical assistance training are not 43,333
administrative purposes; a formula for allocating, during the 43,334
first year after July 22, 1991, state and federal funds available 43,335
for publicly funded child day-care to county departments of human 43,336
services to begin to recruit and certify type B family child 43,337
day-care homes, which formula is based upon the same criteria as 43,338
are used to determine state allotments under section 658(O)(b) 43,339
658O(b) of the child care block grant act, 42 U.S.C. 9858(m)(b) 43,341
9858m(b); and a formula for allocating, after that first year, 43,343
state and federal funds available for publicly funded child 43,344
day-care to county departments for those purposes upon the basis 43,345
of the number of children receiving publicly funded child 43,346
day-care in type B family day-care homes and other 43,347
performance-related standards;
(D) Procedures to be followed by the department and county 43,349
departments in recruiting individuals and groups to become 43,350
providers of child day-care; 43,351
(E) Procedures to be followed in establishing state or 43,353
local programs designed to assist individuals who are eligible 43,354
for publicly funded child day-care in identifying the resources 43,355
974
available to them and to refer the individuals to appropriate 43,356
sources to obtain child day-care; 43,357
(F) Procedures to deal with fraud and abuse committed by 43,359
either recipients or providers of publicly funded child day-care; 43,360
(G) Procedures for establishing a child day-care grant or 43,362
loan program in accordance with the child care block grant act; 43,363
(H) Standards and procedures for applicants to apply for 43,365
grants and loans, and for the department to make grants and 43,366
loans, under the grant and loan program established pursuant to 43,367
division (C) of section 5104.30 of the Revised Code; 43,368
(I) A definition of "person who stands in loco parentis" 43,370
for the purposes of division (CC)(1) of section 5104.01 of the 43,371
Revised Code; 43,372
(J) Any other rules necessary to carry out sections 43,374
5104.30 to 5104.39 of the Revised Code. 43,375
Sec. 5104.381. NOTWITHSTANDING RULES ADOPTED UNDER 43,377
DIVISION (A) OF SECTION 5104.38 OF THE REVISED CODE AND ANY OTHER 43,380
STATUTE OR RULE GOVERNING ELIGIBILITY FOR PUBLICLY FUNDED
DAY-CARE, A FAMILY THAT HAS A CHILD ENROLLED IN A HEAD START 43,381
PROGRAM AND THAT RECEIVES PUBLICLY FUNDED CHILD DAY-CARE FOR THAT 43,382
CHILD SHALL CONTINUE TO RECEIVE THE PUBLICLY FUNDED CHILD 43,383
DAY-CARE UNTIL THE END OF THE HEAD START PROGRAM YEAR. 43,384
ELIGIBILITY FOR PUBLICLY FUNDED CHILD DAY-CARE UNDER THIS SECTION 43,385
IS NOT SUBJECT TO AVAILABLE FUNDS.
Sec. 5104.39. (A) The state department of human services 43,394
shall adopt rules in accordance with Chapter 119. of the Revised 43,395
Code establishing a procedure for monitoring the expenditures of 43,396
county departments of human services to ensure that expenditures 43,397
do not exceed the available federal and state funds for publicly 43,398
funded child day-care. The EACH MONTH, THE state department, 43,399
with the assistance of the office of budget and management AND 43,401
REPRESENTATIVES OF COUNTY DEPARTMENTS AND CHILD DAY-CARE 43,402
PROVIDERS AND ADVOCATES, shall monitor the anticipated future 43,403
expenditures of county departments for publicly funded child 43,404
975
day-care and shall compare those anticipated future expenditures 43,405
to available federal and state funds for publicly funded child 43,406
day-care. Whenever the state department determines that the 43,407
anticipated future expenditures of the county departments will 43,408
exceed the available federal and state funds for publicly funded 43,409
child day-care, it promptly shall notify the county departments 43,410
and, before the available state and federal funds are used, the 43,411
director of human services shall issue and implement an 43,412
administrative order that shall specify both of the following: 43,413
(1) Priorities for allocating the remaining available 43,415
federal and state funds for publicly funded child day-care; 43,416
(2) Instructions and procedures to be used by the county 43,418
departments. 43,419
The order may suspend enrollment of all new participants in 43,421
any program of publicly funded child day-care or may limit 43,422
enrollment of new participants to those with adjusted incomes at 43,423
or below a specified percentage below the federal poverty line, 43,424
but it shall not limit enrollment by otherwise narrowing 43,425
eligibility standards established in statute for publicly funded 43,426
child day-care. 43,427
Each county department shall comply with the order no later 43,429
than thirty days after it is issued. If the state department 43,430
fails to notify the county departments and to implement the 43,431
reallocation priorities specified in the order before the 43,432
available federal and state funds for publicly funded child 43,433
day-care are used, the state department shall provide sufficient 43,434
funds to the county departments for publicly funded child 43,435
day-care to enable each county department to pay for all publicly 43,436
funded child day-care that was provided by providers pursuant to 43,437
contract prior to the date that the county department received 43,438
notice under this division and the state department implemented 43,439
in that county the priorities. 43,440
If after issuing an order under this division to suspend or 43,442
limit enrollment of new participants the state department 43,444
976
determines that available state and federal funds for publicly 43,445
funded child day-care exceed the anticipated future expenditures 43,446
of the county departments, the director may issue and implement 43,447
another administrative order increasing income eligibility levels 43,448
to a specified percentage of the federal poverty line. The order 43,449
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 43,450
order not later than thirty days after it is issued. 43,451
(B) The state department of human services shall conduct 43,453
an annual DO ALL OF THE FOLLOWING: 43,454
(1) CONDUCT A QUARTERLY evaluation of the program of 43,457
publicly funded child day-care that is operated pursuant to 43,458
sections 5104.30 to 5104.39 of the Revised Code, prepare an 43,459
annual report;
(2) PREPARE REPORTS based upon the evaluation, and file a 43,462
copy of the report with both houses of the general assembly 43,463
EVALUATIONS THAT SPECIFY FOR EACH COUNTY THE NUMBER OF
PARTICIPANTS AND AMOUNT OF EXPENDITURES. The report shall comply 43,464
with the report required to be filed by section 658(K) 658K of 43,467
the child care block grant act, 42 U.S.C. 9858(i) 9858i, AS 43,468
AMENDED.
(3) PROVIDE COPIES OF THE REPORTS TO BOTH HOUSES OF THE 43,470
GENERAL ASSEMBLY AND, ON REQUEST, TO INTERESTED PARTIES. 43,471
Sec. 5107.021. (A) PRIOR TO SUBMITTING THE PLAN REQUIRED 43,474
BY DIVISION (A)(1) OF SECTION 5107.02 OF THE REVISED CODE TO THE 43,477
UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES, THE 43,480
DEPARTMENT OF HUMAN SERVICES SHALL SUBMIT THE PLAN TO ALL OF THE 43,481
FOLLOWING MEMBERS OF THE GENERAL ASSEMBLY: 43,482
(1) THE PRESIDENT OF THE SENATE; 43,484
(2) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; 43,486
(3) THE CHAIRPERSONS OF THE SENATE FINANCE AND FINANCIAL 43,488
INSTITUTIONS COMMITTEE AND THE HOUSE OF REPRESENTATIVES FINANCE 43,489
AND APPROPRIATIONS COMMITTEE. 43,490
(B) IF THE GENERAL ASSEMBLY ENACTS A CONCURRENT RESOLUTION 43,493
977
DISAPPROVING THE PLAN NOT LATER THAN THIRTY DAYS AFTER THE DATE 43,494
THE PLAN IS SUBMITTED UNDER THIS SECTION, THE DEPARTMENT MAY NOT 43,495
SUBMIT THE PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND 43,497
HUMAN SERVICES. INSTEAD, IT MUST SUBMIT A NEW PLAN TO THE 43,498
MEMBERS OF THE GENERAL ASSEMBLY LISTED IN DIVISION (A) OF THIS 43,500
SECTION WITH THE CHANGES THAT ARE STATED IN THE CONCURRENT 43,501
RESOLUTION AND CONTINUE TO SUBMIT NEW PLANS TO THOSE MEMBERS 43,502
UNTIL A PERIOD OF THIRTY-ONE DAYS FOLLOWING SUBMISSION OF THE 43,503
PLAN HAS PASSED IN WHICH THE GENERAL ASSEMBLY HAS NOT ENACTED A 43,504
CONCURRENT RESOLUTION DISAPPROVING THE PLAN. 43,505
Sec. 5107.35. AS USED IN THIS SECTION, "SPECIFIED 43,507
RELATIVE" HAS THE MEANING ESTABLISHED BY RULES ADOPTED UNDER 43,508
SECTION 5107.03 OF THE REVISED CODE. 43,510
THE DEPARTMENT OF HUMAN SERVICES, IN CONSULTATION WITH THE 43,512
STATE BOARD OF EDUCATION, SHALL ADOPT RULES IN ACCORDANCE WITH 43,513
SECTION 111.15 OF THE REVISED CODE TO CREATE A PROGRAM UNDER 43,515
WHICH A RECIPIENT OF AID UNDER THIS CHAPTER WHO IS THE PARENT OF, 43,517
OR SPECIFIED RELATIVE RESPONSIBLE FOR THE CARE OF, A CHILD
ENROLLED IN GRADE TWELVE OR LOWER IS INVOLVED IN THE CHILD'S 43,518
EDUCATION ON A REGULAR BASIS. 43,519
Sec. 5111.01. As used in this chapter, "medical assistance 43,529
program" or "medicaid" means the program that is authorized by 43,531
this section and provided by the department of human services 43,533
under this chapter and, Title XIX of the "Social Security Act," 43,534
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, AND THE WAIVERS 43,535
OF TITLE XIX REQUIREMENTS GRANTED TO THE DEPARTMENT BY THE HEALTH 43,538
CARE FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF 43,540
HEALTH AND HUMAN SERVICES. 43,541
(A) The department of human services may provide medical 43,543
assistance under the medicaid program as long as federal funds 43,545
are provided for such assistance, to the following:
(1) Recipients and potential recipients of aid under 43,547
Chapter 5107. of the Revised Code, persons who are eligible for 43,549
medical assistance pursuant to section 5101.842, 5101.86, 43,550
978
5101.88, 5101.881, 5101.95, 5107.041, 5107.071, 5107.31, 5107.32, 43,551
5107.34, or 5111.017 of the Revised Code despite being ineligible 43,552
for aid under that chapter, and children of minor parents who 43,553
would be eligible for aid under that chapter if not for section
5107.031 of the Revised Code; 43,554
(2) Aged, blind, and disabled persons who meet the 43,556
following conditions: 43,557
(a) Receive federal aid under Title XVI of the "Social 43,559
Security Act," or are eligible for but are not receiving such 43,560
aid, provided that the income from all other sources for 43,561
individuals with independent living arrangements shall not exceed 43,562
one hundred seventy-five dollars per month. The income standards 43,563
hereby established shall be adjusted annually at the rate that is 43,564
used by the United States department of health and human services 43,566
to adjust the amounts payable under Title XVI. 43,567
(b) Do not receive aid under Title XVI, but meet one or 43,569
both of the following criteria: 43,570
(i) Would be eligible to receive such aid, except that 43,572
their income, other than that excluded from consideration as 43,573
income under Title XVI, exceeds the maximum under division 43,574
(A)(2)(a) of this section, and incurred expenses for medical 43,575
care, as determined under federal regulations applicable to 43,576
section 209(b) of the "Social Security Amendments of 1972," 86 43,577
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 43,578
amount by which their income exceeds the maximum under division 43,579
(A)(2)(a) of this section; 43,580
(ii) Received aid for the aged, aid to the blind, or aid 43,582
for the permanently and totally disabled prior to January 1, 43,583
1974, and continue to meet all the same eligibility requirements. 43,584
(3) Persons to whom federal law requires, as a condition 43,586
of state participation in the medicaid program, that medical 43,587
assistance be provided; 43,588
(4) Persons under age twenty-one who meet the financial 43,590
eligibility standards in effect under Chapter 5107. of the 43,591
979
Revised Code but do not qualify as a dependent child as defined 43,592
in section 5107.03 of the Revised Code; 43,593
(5) Effective October 1, 1993, if funds are appropriated 43,595
by the general assembly for this purpose, children born after 43,596
January 1, 1983, who are not otherwise eligible for assistance 43,597
under this division and whose countable income is at or below two 43,598
hundred per cent of the federal poverty guideline, as revised 43,599
annually by the United States secretary of health and human 43,600
services in accordance with section 673 of the "Community 43,601
Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, 43,602
as amended, for a family size equal to the size of the assistance 43,603
group of the person whose income is being determined. 43,604
(B) If funds are appropriated for such purpose by the 43,606
general assembly, the department may provide medical assistance 43,607
to persons in groups designated by federal law as groups to which 43,609
a state, at its option, may provide medical assistance under the 43,610
medicaid program.
(C) THE DEPARTMENT MAY EXPAND ELIGIBILITY FOR MEDICAL 43,613
ASSISTANCE TO INCLUDE INDIVIDUALS UNDER AGE NINETEEN WITH FAMILY 43,614
INCOMES AT OR BELOW ONE HUNDRED FIFTY PER CENT OF THE FEDERAL 43,615
POVERTY GUIDELINE, EXCEPT THAT THE ELIGIBILITY EXPANSION SHALL 43,616
NOT OCCUR UNLESS THE DEPARTMENT RECEIVES THE APPROVAL OF THE 43,617
FEDERAL GOVERNMENT. THE DEPARTMENT MAY IMPLEMENT THE ELIGIBILITY 43,618
EXPANSION AUTHORIZED UNDER THIS DIVISION ON ANY DATE SELECTED BY 43,619
THE DEPARTMENT, BUT NOT SOONER THAN JANUARY 1, 1998. 43,621
(D) IN ADDITION TO ANY OTHER AUTHORITY OR REQUIREMENT TO 43,624
ADOPT RULES UNDER THIS CHAPTER, THE DEPARTMENT MAY ADOPT RULES IN 43,625
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE AS IT 43,627
CONSIDERS NECESSARY TO ESTABLISH STANDARDS, PROCEDURES, AND OTHER 43,628
REQUIREMENTS REGARDING THE PROVISION OF MEDICAL ASSISTANCE. THE 43,629
RULES MAY ESTABLISH REQUIREMENTS TO BE FOLLOWED IN APPLYING FOR 43,630
MEDICAL ASSISTANCE, MAKING DETERMINATIONS OF ELIGIBILITY FOR 43,631
MEDICAL ASSISTANCE, AND VERIFYING ELIGIBILITY FOR MEDICAL 43,632
ASSISTANCE. THE RULES MAY INCLUDE SPECIAL CONDITIONS AS THE 43,633
980
DEPARTMENT DETERMINES APPROPRIATE FOR MAKING APPLICATIONS, 43,634
DETERMINING ELIGIBILITY, AND VERIFYING ELIGIBILITY FOR ANY 43,635
MEDICAL ASSISTANCE THAT THE DEPARTMENT MAY PROVIDE PURSUANT TO 43,636
DIVISION (C) OF THIS SECTION. 43,637
Sec. 5111.011. (A) As used in this section: 43,647
(1) "Nursing facility" means a facility defined as a 43,649
nursing facility under Sec. 1919 of the "Social Security Act," 49 43,650
Stat. 620 (1935), 42 U.S.C. 1396r, as amended. 43,651
(2) "Institutionalized individual" means an individual who 43,653
is a patient in a nursing facility or who receives home and 43,654
community-based services under a federal waiver granted the 43,655
department of human services under 42 U.S.C. 43,656
1396a(10)(A)(ii)(VI). 43,657
(B) Subject to this section, the department of human 43,659
services shall, pursuant to section 111.15 of the Revised Code, 43,660
adopt rules establishing eligibility requirements for the medical 43,661
assistance program and defining, consistent with federal law, the 43,662
term "resources" as used in this section. 43,663
(C) In determining eligibility for medical assistance, the 43,665
FOLLOWING SHALL APPLY: 43,666
(1) THE value of real property of aged, blind, or disabled 43,668
persons used as a homestead by such persons shall be the maximum 43,670
allowed under Title XVI of the "Social Security Act."; 43,671
(2) A RESOURCE EXEMPTION SHALL BE ALLOWED FOR A PREPAID 43,674
BURIAL CONTRACT THAT DOES NOT EXCEED EIGHT THOUSAND DOLLARS IN 43,675
VALUE IF THE CONTRACT CONTAINS A PROVISION UNDER WHICH THE 43,676
DEPARTMENT OF HUMAN SERVICES IS DESIGNATED AS THE RECIPIENT OF 43,677
ANY FUNDS THAT ARE NOT EXPENDED FOR THE COST OF THE BENEFICIARY'S 43,678
BURIAL. 43,679
(D) No EXCEPT AS PROVIDED IN DIVISION (G) OF THIS SECTION, 43,681
NO person is eligible for medical assistance if on or prior to 43,683
December 31, 1989, he THE PERSON has transferred real or personal 43,684
property for the purpose of securing medical assistance under
section 5111.01 of the Revised Code and the transfer occurred 43,685
981
during the two years preceding his THE PERSON'S application. In 43,686
order to secure compliance with this division, the director of 43,687
human services shall require all applicants for assistance to 43,688
submit true and correct copies of any federal income or gift tax 43,689
form or schedule filed, singly or jointly, by the applicant 43,690
during the preceding five taxable years. Such copies, and the 43,691
information disclosed thereon, shall be used solely for the 43,692
purpose of determining the probability of whether the applicant 43,693
has transferred assets in violation of this division. The 43,694
director shall provide for the confidentiality and return of any 43,695
copies of forms or schedules submitted under this division. 43,696
Where such copies reveal the probability that an applicant has 43,697
transferred assets in violation of this division, a presumption 43,698
arises that the applicant has transferred assets in violation of 43,699
this division, and the director shall deny the application until 43,700
the applicant submits a true and accurate expenditure statement 43,701
to the director that shows the applicant did not violate this 43,702
division. The director of human services shall adopt rules to 43,703
implement this provision. 43,704
(E)(1) An EXCEPT AS PROVIDED IN DIVISION (G) OF THIS 43,706
SECTION, AN institutionalized individual who is otherwise 43,707
eligible for medical assistance shall be ineligible for nursing 43,708
facility services or services provided under a home and 43,709
community-based waiver for a period specified in rules adopted 43,710
under division (E)(2) of this section if he THE INSTITUTIONALIZED 43,711
INDIVIDUAL, on or after January 1, 1990, transfers resources for 43,712
less than fair market value at any time during or after a period 43,714
of time, as specified in rules adopted under division (E)(2) of 43,715
this section, immediately prior to either of the following: 43,716
(a) The date he THE INDIVIDUAL becomes an 43,718
institutionalized individual if he THE INDIVIDUAL is eligible for 43,719
medical assistance on that date; 43,720
(b) The date he THE INDIVIDUAL applies for medical 43,722
assistance while an institutionalized individual. 43,723
982
(2) The department shall adopt rules specifying, for the 43,725
purpose of division (E)(1) of this section, the period of time 43,726
preceding institutionalization or application for medical 43,727
assistance during which transfers of assets for less than fair 43,728
market value are prohibited and the length of the resulting 43,729
period of ineligibility. The period of ineligibility shall begin 43,730
with the month in which the resources were transferred. The 43,731
rules shall be consistent with Title XIX of the "Social Security 43,732
Act. The department shall allow exceptions to the period of 43,733
ineligibility to the extent that exceptions are permitted by that 43,734
title. An exception based on undue hardship to the 43,735
institutionalized individual shall be allowed only so long as the 43,736
individual cooperates with the department or the county 43,737
department of human services in securing the return of 43,738
transferred resources. 43,739
(3) To secure compliance with this division, the 43,741
department may require applicants for and recipients of medical 43,742
assistance, as a condition of eligibility, to provide 43,743
documentation of their income and resources up to five years 43,744
prior to the time of application. Documentation may include, but 43,745
is not limited to, tax returns, records from financial 43,746
institutions, and real property records. 43,747
(F) The department shall, by rule adopted in accordance 43,749
with section 111.15 of the Revised Code, establish standards 43,750
consistent with federal law for allocating income and resources 43,751
as income and resources of the spouse, children, parents, or 43,752
stepparents of a recipient of or applicant for medical 43,753
assistance. Notwithstanding any provision of state law, 43,754
including statutes, administrative rules, common law, and court 43,755
rules, regarding real or personal property or domestic relations, 43,756
the standards established under this division shall be used to 43,757
determine eligibility for medical assistance. 43,758
(G) THE DEPARTMENT MAY, BY RULE ADOPTED IN ACCORDANCE WITH 43,761
SECTION 111.15 OF THE REVISED CODE, EXEMPT INDIVIDUALS WHO APPLY 43,764
983
FOR OR RECEIVE ANY MEDICAL ASSISTANCE THAT MAY BE PROVIDED
PURSUANT TO DIVISION (C) OF SECTION 5111.01 OF THE REVISED CODE 43,767
FROM SOME OR ALL OF THE REQUIREMENTS OF THIS SECTION. 43,768
Sec. 5111.07. Commencing in July, 1986, and every second 43,777
July thereafter, the department of human services shall initiate 43,778
a private survey of retail pharmacy operations in the state as 43,779
the basis for establishing a current maximum dispensing fee for 43,780
licensed pharmacists who are providers of drugs under this 43,781
chapter. The survey shall be conducted in conformance with the 43,782
requirements set forth in 42 C.F.R. 447.331 through 447.333, as 43,783
amended or superseded, and shall include operational data and 43,784
direct prescription expenses, professional services and personnel 43,785
costs, usual and customary overhead expenses, and profit data of 43,786
the retail pharmacies surveyed. The survey shall be completed 43,787
and its results published no later than the last day of October 43,788
of the year in which the survey is conducted, and the survey 43,789
shall compute and report dispensing fees on a basis of the usual 43,790
and customary charges by retail pharmacies to their customers for 43,791
dispensing drugs. The director of human services shall take into 43,792
account the results of the survey in establishing a dispensing 43,793
fee. 43,794
COMMENCING IN DECEMBER 1986, AND EVERY SECOND DECEMBER 43,796
THEREAFTER, THE DIRECTOR OF HUMAN SERVICES SHALL ESTABLISH A 43,797
DISPENSING FEE, EFFECTIVE THE FOLLOWING JANUARY, FOR LICENSED 43,798
PHARMACISTS WHO ARE PROVIDERS UNDER THIS CHAPTER. THE DISPENSING 43,800
FEE SHALL TAKE INTO CONSIDERATION THE RESULTS OF THE SURVEY 43,801
CONDUCTED UNDER THIS SECTION. COMMENCING ON THE EFFECTIVE DATE 43,802
OF THIS AMENDMENT, THE DISPENSING FEE MAY NOT BE LOWER THAN THREE 43,803
DOLLARS AND FIFTY CENTS.
Sec. 5111.08. Commencing in December, 1986, and every 43,812
second December thereafter, the (A) THE director of human 43,813
services shall ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 43,814
REVISED CODE THAT establish a dispensing fee, effective the 43,816
following January, for RATE OF REIMBURSEMENT FOR DRUGS PROVIDED 43,817
984
TO RECIPIENTS OF MEDICAL ASSISTANCE BY licensed pharmacists who 43,819
are providers under this chapter. The dispensing fee shall take 43,820
into consideration the results of the survey conducted under 43,821
section 5111.07 of the Revised Code. 43,822
(B)(1) THERE IS HEREBY CREATED THE MEDICAID DRUG 43,825
REIMBURSEMENT STUDY COMMITTEE. THE COMMITTEE SHALL REVIEW, ON AN 43,826
ONGOING BASIS, THE SYSTEM ESTABLISHED UNDER DIVISION (A) OF THIS 43,828
SECTION AND SECTION 5111.07 OF THE REVISED CODE FOR REIMBURSING 43,830
PHARMACIES FOR DRUGS UNDER THE MEDICAL ASSISTANCE PROGRAM, 43,831
INCLUDING THE IMPACT OF COGNITIVE SERVICES PROVIDED BY 43,832
PHARMACISTS AND UNIT-DOSE REIMBURSEMENT. THE COMMITTEE MAY 43,833
PROPOSE ANY CHANGES IN THE REIMBURSEMENT SYSTEM THAT THE 43,834
COMMITTEE DETERMINES ARE NECESSARY. 43,835
THE COMMITTEE SHALL MEET AT INTERVALS AGREED TO BY ITS 43,837
MEMBERS AND AT THE CALL OF THE COMMITTEE'S CHAIRPERSON. PRIOR TO 43,839
SEPTEMBER 1, 1997, AND THE FIRST DAY OF SEPTEMBER EACH YEAR 43,841
THEREAFTER, THE COMMITTEE SHALL SUBMIT A REPORT OF ITS
ACTIVITIES, FINDINGS, AND RECOMMENDATIONS TO THE GOVERNOR, THE 43,842
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF 43,843
REPRESENTATIVES. 43,844
(2) THE COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERS: 43,847
(a) THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S 43,850
DESIGNEE;
(b) THE DIRECTOR OF BUDGET AND MANAGEMENT OR THE 43,853
DIRECTOR'S DESIGNEE;
(c) A MEMBER OF THE SENATE, APPOINTED BY THE PRESIDENT OF 43,856
THE SENATE;
(d) A MEMBER OF THE HOUSE OF REPRESENTATIVES, APPOINTED BY 43,859
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(e) A REPRESENTATIVE OF THE OHIO PHARMACISTS' ASSOCIATION, 43,862
SELECTED BY THE ASSOCIATION; 43,863
(f) A REPRESENTATIVE OF THE COUNCIL OF INSTITUTIONAL 43,866
PHARMACISTS OF THE OHIO HEALTH CARE ASSOCIATION, SELECTED BY THE 43,868
ASSOCIATION.
985
(3) INITIAL APPOINTMENT AND SELECTION OF THE MEMBERS 43,870
SPECIFIED IN DIVISIONS (B)(2)(c) THROUGH (f) OF THIS SECTION 43,873
SHALL BE MADE NOT LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE 43,874
DATE OF THIS AMENDMENT. APPOINTED AND SELECTED MEMBERS SHALL 43,875
SERVE AT THE PLEASURE OF THE BODY THAT APPOINTED OR SELECTED 43,876
THEM. VACANCIES SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL 43,877
APPOINTMENTS AND SELECTIONS. 43,878
(4) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND 43,880
PRESIDENT OF THE SENATE SHALL JOINTLY APPOINT THE CHAIRPERSON OF 43,881
THE COMMITTEE. 43,882
(5) MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 43,884
COMPENSATION EXCEPT TO THE EXTENT THAT SERVING ON THE COMMITTEE 43,885
IS PART OF THE PERFORMANCE OF THEIR REGULAR DUTIES. THE 43,886
DEPARTMENT OF HUMAN SERVICES SHALL BE RESPONSIBLE FOR ANY 43,887
ADMINISTRATIVE EXPENSES INCURRED BY THE COMMITTEE IN PERFORMING 43,888
ITS OFFICIAL DUTIES. 43,889
Sec. 5111.11. (A) As used in this section and in section 43,899
5111.111 of the Revised Code:
(1) "Estate, "ESTATE" means all property to be 43,901
administered under Title XXI of the Revised Code and property 43,903
that would be administered under that title if not for section 43,904
2113.03 of the Revised Code.
(2) "Home and community-based services" means services 43,906
provided pursuant to a waiver under section 1915 of the "Social 43,908
Security Act," Stat. 620 (1935), 42 1396n, as amended. 43,910
(3) "Nursing facility" has the same meaning as in section 43,912
5111.20 of the Revised Code. 43,913
(B) For the purpose of recovering the cost of nursing 43,915
facility services, home and community-based services, and 43,916
hospital and prescription drug services related to nursing 43,917
facility or home and community-based services correctly paid 43,918
under the medical assistance program to a recipient age 43,919
fifty-five or older, the department of human services shall 43,920
institute an estate recovery program against the property and 43,922
986
estates of medical assistance recipients to recover medical 43,924
assistance correctly paid on their behalf to the extent that 43,925
federal law and regulations permit the implementation of such a
program. The department shall seek to recover medical assistance 43,927
correctly paid only after the recipient and the recipient's 43,928
surviving spouse, if any, have died and only at a time when the 43,930
recipient has no surviving child who is under age twenty-one or 43,931
blind or permanently and totally disabled. 43,932
The department may enter into a contract with any person 43,934
under which the person administers the estate recovery program on 43,935
behalf of the department or performs any of the functions 43,937
required to carry out the program. The contract may provide for 43,938
the person to be compensated from the property recovered from the 43,939
estates of medical assistance recipients or may provide for such 43,940
other manner of compensation as is agreed to by the person and 43,942
the department. Regardless of whether it is administered by the 43,943
department or a person under contract with the department, the 43,944
program shall be administered in accordance with applicable 43,945
requirements of federal law and regulations and state law and 43,946
rules.
(C) The department may waive seeking recovery of medical 43,949
assistance correctly paid if the director of human services 43,950
determines that recovery would work an undue hardship. The 43,951
director, in accordance with Chapter 119. of the Revised Code, 43,952
shall adopt rules establishing procedures for waiver of recovery 43,953
due to an undue hardship, which shall meet the standards 43,954
specified by the United States secretary of health and human 43,956
services under 42 U.S.C. 1396p(b)(3), as amended. 43,958
(D) Any action that may be taken by the department under 43,961
section 5111.111 of the Revised Code may be taken by a person 43,963
administering the program, or performing actions specified in 43,964
that section, pursuant to a contract with the department.
Sec. 5111.111. The AS USED IN THIS SECTION, "HOME AND 43,973
COMMUNITY-BASED SERVICES" MEANS SERVICES PROVIDED PURSUANT TO A 43,974
987
WAIVER UNDER SECTION 1915 OF THE "SOCIAL SECURITY ACT," 49 STAT. 43,976
620 (1935), 42 U.S.C.A. 1396n, AS AMENDED.
THE department of human services may place a lien against 43,979
the property of a medical assistance recipient or recipient's 43,980
spouse, other than a recipient or spouse of a recipient of home 43,982
and community-based services, that the department may recover as 43,983
part of the program instituted under section 5111.11 of the 43,984
Revised Code. When medical assistance is paid on behalf of any 43,985
person in circumstances under which federal law and regulations 43,987
and this section permit the imposition of a lien, the director of 43,988
human services or a person designated by the director may sign a 43,989
certificate to the effect. The county department of human 43,990
services shall file for recording and indexing the certificate,
or a certified copy, in the real estate mortgage records in the 43,991
office of the county recorder in every county in which real 43,992
property of the recipient or spouse is situated. From the time 43,993
of filing the certificate in the office of the county recorder, 43,994
the lien attaches to all real property of the recipient or spouse 43,995
described therein for all amounts of aid which thereafter are 43,996
paid, and shall remain a lien until satisfied. 43,997
Upon filing the certificate in the office of the recorder, 43,999
all persons are charged with notice of the lien and the rights of 44,000
the department of human services thereunder. 44,001
The county recorder shall keep a record of every 44,003
certificate filed showing its date, the time of filing, the name 44,004
and residence of the recipient or spouse, and any release, 44,005
waivers, or satisfaction of the lien. 44,006
The priority of the lien shall be established in accordance 44,008
with state and federal law. 44,009
The department may waive the priority of its lien to 44,011
provide for the costs of the last illness as determined by the 44,012
department, administration, attorney fees, administrator fees, a 44,013
sum for the payment of the costs of burial, which shall be 44,014
computed by deducting from five hundred dollars whatever amount 44,015
988
is available for the same purpose from all other sources, and a 44,016
similar sum for the spouse of the decedent. 44,017
Sec. 5111.17. (A) As used in this section, 44,026
"community-based clinic" means a clinic that provides prenatal, 44,027
family planning, well child, or primary care services and is 44,028
funded in whole or in part by the state or federal government. 44,029
On receipt of a waiver from the United States department of 44,032
health and human services of any federal requirement that would 44,033
otherwise be violated, the department of human services shall 44,034
establish in Franklin, Hamilton, and Lucas counties a managed 44,035
care system under which designated recipients of medical 44,036
assistance are required to obtain medical services from providers
designated by the department. The department may stagger 44,037
implementation of the managed care system, but the system shall 44,038
be implemented in at least one county not later than January 1, 44,039
1995, and in all three counties not later than July 1, 1996. 44,040
(B) The department, by rule adopted under this section, 44,042
may require any recipients in any other county to receive all or 44,043
some of their care through managed care organizations that 44,044
contract with the department and are paid by the department 44,046
pursuant to a capitation or other risk-based methodology 44,047
prescribed in the rules, and to receive their care only from 44,048
providers designated by the organizations.
(C) In accordance with rules adopted under division (E) of 44,050
this section, the department may issue requests for proposals 44,051
from managed care organizations interested in contracting with 44,052
the department to provide managed care to participating medical 44,054
assistance recipients.
A health maintenance organization under contract with the 44,056
department under this section may enter into an agreement with 44,058
any community-based clinic for the provision of medical services 44,059
to medical assistance recipients participating in the managed 44,060
care system if the clinic is willing to accept the terms, 44,061
conditions, and payment procedures established by the health
989
maintenance organization. 44,062
(D) For the purpose of determining the amount the 44,064
department pays hospitals under section 5112.08 of the Revised 44,066
Code and the amount of disproportionate share hospital payments 44,067
paid by the medicare program established under Title XVIII of the 44,068
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 44,069
amended, each managed care organization under contract with the 44,070
department to provide managed care to participating medical
assistance recipients shall keep detailed records for each 44,071
hospital with which it contracts about the cost to the hospital 44,073
of providing the care, payments made by the organization to the 44,074
hospital for the care, utilization of hospital services by 44,076
medical assistance recipients participating in managed care, and
other utilization data required by the department. 44,077
(E) The department shall adopt rules in accordance with 44,079
Chapter 119. of the Revised Code to implement this section. The 44,080
rules shall include all of the following: 44,082
(1) A monthly capitation or other risk-based payment rate 44,084
system for managed care organizations under contract to provide 44,085
managed care to participating medical assistance recipients; 44,086
(2) The method by which the department will issue requests 44,088
for proposals from managed care organizations interested in 44,089
providing managed care to participating medical assistance 44,090
recipients, including all of the following: 44,091
(a) Public notice of the department's intent to issue a 44,093
request for proposals within a county; 44,094
(b) The process for managed care organizations to submit 44,096
letters of interest; 44,097
(c) The procurement, selection, and implementation 44,099
timetable within each county; 44,100
(d) The time by which the department will furnish 44,102
interested managed care organizations with demographic, cost, and 44,103
utilization data about medical assistance recipients required or 44,104
permitted to enroll in a managed care organization in a county. 44,105
990
(3) Performance standards of managed care organizations 44,107
under contract with the department governing all of the 44,108
following:
(a) Scope of coverage and benefits; 44,110
(b) Quality assurance performance indicators for services 44,112
including prenatal care, immunizations, screenings that are part 44,113
of the early and periodic screening, diagnostic, and treatment 44,114
program, and any other service specified by the department; 44,115
(c) Service delivery system capacity; 44,117
(d) Reporting requirements; 44,119
(e) Grievance and complaint procedures; 44,121
(f) Enrollment and disenrollment procedures; 44,123
(g) Stop-loss arrangements; 44,125
(h) Marketing; 44,127
(i) Consumer and provider advisory councils; 44,129
(j) Any other requirement established by the department. 44,131
(4) A review process for any managed care organization 44,133
that has submitted a proposal to have the department reconsider 44,134
the denial of a contract under this section or termination of a 44,135
contract entered into under this section;
(5) Any other procedures or requirements the department 44,137
considers necessary to implement managed care. 44,138
Sec. 5111.172. (A) THERE IS HEREBY CREATED THE MEDICAID 44,141
MANAGED CARE REIMBURSEMENT STUDY COMMITTEE CONSISTING OF THE 44,142
FOLLOWING MEMBERS:
(1) THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S 44,144
DESIGNEE;
(2) THE SUPERINTENDENT OF INSURANCE OR THE 44,146
SUPERINTENDENT'S DESIGNEE; 44,147
(3) THE DIRECTOR OF BUDGET AND MANAGEMENT OR THE 44,149
DIRECTOR'S DESIGNEE; 44,150
(4) THE CHAIRPERSON OF THE COMMITTEE OF THE HOUSE OF 44,152
REPRESENTATIVES WITH PRIMARY RESPONSIBILITY FOR FINANCE 44,153
LEGISLATION;
991
(5) THE CHAIRPERSON OF THE COMMITTEE OF THE SENATE WITH 44,155
PRIMARY RESPONSIBILITY FOR FINANCE LEGISLATION; 44,156
(6) TWO REPRESENTATIVES OF THE OHIO ASSOCIATION OF HEALTH 44,159
PLANS;
(7) A REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION 44,161
PARTICIPATING IN THE MEDICAID PROGRAM THAT HAS RECEIVED A FULL 44,162
THREE-YEAR ACCREDITATION FROM THE NATIONAL COMMITTEE FOR QUALITY 44,163
ASSURANCE PRIOR TO THE DATE OF APPOINTMENT OF THE REPRESENTATIVE; 44,164
(8) A REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION 44,166
PARTICIPATING IN THE MEDICAID PROGRAM THAT IS A WHOLLY OWNED 44,167
SUBSIDIARY OF A HOSPITAL LOCATED IN THE COUNTY WITH THE GREATEST 44,168
NUMBER OF MEDICAID RECIPIENTS AS OF THE DATE OF THE APPOINTMENT. 44,170
(B) INITIAL APPOINTMENTS OF MEMBERS APPOINTED UNDER 44,173
DIVISIONS (A)(6), (7), AND (8) OF THIS SECTION SHALL BE MADE NO 44,174
LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 44,175
THOSE MEMBERS SHALL SERVE AT THE PLEASURE OF THE GOVERNING BODY 44,176
APPOINTING THE MEMBER. ALL OTHER MEMBERS SHALL SERVE AS LONG AS
THEY HOLD THE POSITION THAT QUALIFIES THEM FOR MEMBERSHIP ON THE 44,178
COMMITTEE. VACANCIES SHALL BE FILLED IN THE SAME MANNER AS 44,179
ORIGINAL APPOINTMENTS. THE SPEAKER OF THE HOUSE OF 44,180
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE JOINTLY SHALL
APPOINT THE CHAIRPERSON OF THE COMMITTEE. MEMBERS OF THE 44,181
COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE DEPARTMENT OF 44,183
HUMAN SERVICES SHALL BE RESPONSIBLE FOR ANY ADMINISTRATIVE 44,184
EXPENSES INCURRED BY THE COMMITTEE IN PERFORMING ITS OFFICIAL 44,185
DUTIES.
(C) THE COMMITTEE SHALL MEET AT INTERVALS AGREED TO BY ITS 44,188
MEMBERS OR AT THE CALL OF THE CHAIR. IT SHALL REVIEW, ON AN 44,189
ONGOING BASIS, THE SYSTEM ESTABLISHED UNDER SECTION 5111.17 OF
THE REVISED CODE FOR REIMBURSING MANAGED CARE ORGANIZATIONS 44,192
PARTICIPATING IN THE MEDICAID PROGRAM. THE COMMITTEE MAY PROPOSE
ANY CHANGES IT DETERMINES ARE NECESSARY. PRIOR TO SEPTEMBER 1, 44,194
1997, AND THE FIRST DAY OF SEPTEMBER EACH YEAR THEREAFTER, THE 44,195
COMMITTEE SHALL REPORT ITS ACTIVITIES, FINDINGS, AND 44,196
992
RECOMMENDATIONS TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF 44,198
REPRESENTATIVES, AND THE PRESIDENT OF THE SENATE.
Sec. 5111.18. (A) As used in this section and in section 44,207
5111.181 of the Revised Code, "resources" has the meaning given 44,208
in rules adopted under division (B) of section 5111.011 of the 44,209
Revised Code. 44,210
(B) If it determines that such action would not violate 44,212
any federal statute or regulation or receives from the United 44,213
States department of health and human services a waiver of any 44,214
federal requirement that would otherwise be violated, the 44,215
department of human services shall establish the Ohio long-term 44,216
care insurance program, unless the director of human services 44,217
determines that appropriations made by the general assembly for 44,218
the program are not sufficient to operate and evaluate the 44,219
program. If established, the program shall begin not sooner than 44,220
July 1, 1994. 44,221
Notwithstanding sections 5101.58, 5101.59, 5111.01, 44,223
5111.11, and divisions (C) and (F) of section 5111.011 of the 44,224
Revised Code, the resources of an individual covered by a 44,225
long-term care insurance policy described in division (C)(1) or 44,226
(2) of this section shall be excluded in accordance with division 44,227
(C) of this section from any determination of the individual's 44,228
eligibility for the medical assistance program and from 44,229
determination of any amount to be recovered by the state for 44,230
payments under the medical assistance program for services 44,231
correctly provided to the individual. 44,232
Resources excluded under this division are not subject to 44,234
subrogation RECOVERY under section 5101.58, to assignment under 44,235
section 5101.59, or to a lien under section 5111.11 5111.111 of 44,237
the Revised Code. Divisions (D) and (E) of section 5111.011 of 44,239
the Revised Code continue to apply to the resources of 44,240
individuals covered by certified policies that are not resources 44,241
excluded under this section. 44,242
(C) The exclusion provided by division (B) of this section 44,244
993
shall apply throughout the life of the covered individual. The 44,245
department of human services shall exclude resources in amounts 44,246
equal to long-term care insurance benefits paid under either of 44,247
the following that are used to pay for services rendered on or 44,248
after the date the Ohio long-term care insurance program begins 44,249
that are covered by the medical assistance program: 44,250
(1) Any long-term care insurance policy or certificate 44,252
delivered or issued for delivery prior to the date the program 44,253
begins; 44,254
(2) A long-term care insurance policy or certificate 44,256
delivered or issued for delivery on or after the date the program 44,257
begins that meets the requirements in section 3923.50 of the 44,258
Revised Code. 44,259
The department of human services shall adopt rules in 44,261
accordance with section 111.15 of the Revised Code establishing 44,262
procedures for insurers to notify the department of long-term 44,263
care benefits paid. 44,264
Sec. 5112.04. (A) Except as provided in division (C) of 44,274
this section, each hospital, on or before the first day of July 44,275
of each year or at a later date approved by the director of human 44,276
services, shall submit to the department of human services a 44,277
financial statement for the preceding calendar year that 44,278
accurately reflects the income, expenses, assets, liabilities, 44,279
and net worth of the hospital, and accompanying notes. A 44,280
hospital that has a fiscal year different from the calendar year 44,281
shall file its financial statement within one hundred eighty days 44,282
of the end of its fiscal year or at a later date approved by the 44,283
director of human services. The financial statement shall be 44,284
prepared by an independent certified public accountant and 44,285
reflect an official audit report prepared in a manner consistent 44,286
with generally accepted accounting principles. The financial 44,287
statement shall, to the extent that the hospital has sufficient 44,288
financial records, show bad debt and charity care separately from 44,289
courtesy care and contractual allowances. 44,290
994
(B) Except as provided in division (C) of this section, 44,292
each hospital, within one hundred twenty EIGHTY days after the 44,293
end of the hospital's cost reporting period, shall submit to the 44,294
department a cost report in a format prescribed in rules adopted 44,295
by the director of human services under section 5112.03 of the 44,296
Revised Code. The department shall grant a hospital an extension 44,297
of the one hundred twenty EIGHTY day period if the health care 44,298
financing administration of the United States department of 44,299
health and human services extends the date by which the hospital 44,300
must submit its cost report for the hospital's cost reporting 44,301
period.
(C) The director of human services may adopt rules under 44,303
section 5112.03 of the Revised Code specifying financial 44,304
information that must be submitted by hospitals for which no 44,305
financial statement or cost report is available. The rules shall 44,306
specify deadlines for submitting the information. Each such 44,307
hospital shall submit the information specified in the rules not 44,308
later than the deadline specified in the rules. 44,309
Sec. 5112.18. (A) Except as provided in section 5112.19 44,319
of the Revised Code, all payments of assessments by hospitals 44,320
under section 5112.06 of the Revised Code and all 44,321
intergovernmental transfers under section 5112.07 of the Revised 44,322
Code shall be deposited in the state treasury to the credit of 44,323
the hospital care assurance program fund, hereby created. All 44,324
investment earnings of the hospital care assurance program fund 44,325
shall be credited to the fund. The department of human services 44,326
shall maintain records that show the amount of money in the 44,327
hospital care assurance program fund at any time that has been 44,328
paid by each hospital and the amount of any investment earnings 44,329
on that amount. All moneys credited to the hospital care 44,330
assurance program fund shall be used solely to make payments to 44,331
hospitals under division (D) of this section and sections SECTION 44,333
5112.08 and 5112.20 of the Revised Code.
(B) All federal matching funds received as a result of 44,335
995
payments the department makes from the hospital care assurance 44,336
program fund to hospitals under section 5112.08 of the Revised 44,337
Code shall be credited to the hospital care assurance match fund, 44,338
which is hereby created in the state treasury. All money 44,339
credited to the hospital care assurance match fund shall be used 44,340
solely to make payments to hospitals under section 5112.08 of the 44,341
Revised Code. 44,342
(C) All payments to hospitals under section 5112.08 of the 44,344
Revised Code are conditional on: 44,345
(1) Expiration of the time for appeals under section 44,347
5112.09 of the Revised Code without the filing of an appeal, or 44,348
on court determinations, in the event of appeals, that the 44,349
hospital is entitled to the payments; 44,350
(2) The availability of sufficient moneys in the hospital 44,352
care assurance program fund and the hospital care assurance match 44,353
fund to make the payments after the final determination of any 44,354
appeals; 44,355
(3) The hospital's compliance with section 5112.17 of the 44,357
Revised Code.
(D) If an audit conducted by the department of the amounts 44,359
of payments made and received by hospitals under sections 44,360
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 44,361
amounts that, due to errors by the department, a hospital should 44,362
not have been required to pay but did pay, should have been 44,363
required to pay but did not pay, should not have received but did 44,364
receive, or should have received but did not receive, the 44,365
department shall: 44,366
(1) Make payments to any hospital that the audit reveals 44,368
paid amounts it should not have been required to pay or did not 44,369
receive amounts it should have received; 44,370
(2) Take action to recover from a hospital any amounts 44,372
that the audit reveals it should have been required to pay but 44,373
did not pay or that it should not have received but did receive. 44,374
Payments made under division (D)(1) of this section shall 44,376
996
be made from the hospital care assurance program fund. Amounts 44,377
recovered under division (D)(2) of this section shall be 44,378
deposited to the credit of that fund. Any hospital may appeal 44,379
the amount the hospital is to be paid under division (D)(1) or 44,380
the amount that is to be recovered from the hospital under 44,381
division (D)(2) of this section to the court of common pleas of 44,382
Franklin county. 44,383
Sec. 5112.21. Except as specifically required by sections 44,393
5112.01 to 5112.20 5112.19 of the Revised Code, information filed 44,394
under those sections shall not include any patient-identifying 44,396
material. Information including THAT INCLUDES 44,397
patient-identifying material is not a public record under section 44,398
149.43 of the Revised Code, and no patient-identifying material 44,399
shall be released publicly by the department of human services or 44,400
by any person under contract with the department who has access 44,401
to such information.
Sec. 5119.02. (A) The department of mental health shall 44,410
maintain, operate, manage, and govern state institutions for the 44,412
care and treatment of mentally ill persons.
(B) The department of mental health may designate all 44,414
institutions under its jurisdiction by appropriate respective 44,415
names, regardless of present statutory designation. 44,416
(C) Subject to section 5139.08 and pursuant to Chapter 44,418
5122. of the Revised Code AND ON THE AGREEMENT OF THE DEPARTMENTS 44,419
OF MENTAL HEALTH AND YOUTH SERVICES, the department of mental 44,420
health may receive from the department of youth services for 44,421
PSYCHIATRIC observation, diagnosis, OR treatment, or placement 44,423
any children PERSON EIGHTEEN YEARS OF AGE OR OLDER in the custody 44,424
of the department of youth services. THE DEPARTMENTS SHALL ENTER 44,425
INTO A WRITTEN AGREEMENT SPECIFYING THE PROCEDURES NECESSARY TO 44,426
IMPLEMENT THIS DIVISION. 44,427
(D) The department of mental health may receive, for 44,429
observation, any minor from any public institution other than a 44,430
state institution, from any private charitable institution, or 44,431
997
from a person having legal custody of the minor, pursuant to 44,432
Chapter 5122. of the Revised Code. 44,433
(E) The department of mental health shall provide and 44,435
designate facilities for the custody, care, and special treatment 44,436
of persons who are charged with a crime and who are found 44,437
incompetent to stand trial or not guilty by reason of insanity. 44,438
(F)(E) The department of mental health may do all of the 44,440
following: 44,441
(1) Require reports from the managing officer of any 44,443
institution under the department's jurisdiction, relating to the 44,444
admission, examination, comprehensive evaluation, diagnosis, 44,445
release, or discharge of any patient; 44,446
(2) Visit each institution regularly to review its 44,448
operations and to investigate complaints made by any patient or 44,449
by any person on behalf of a patient, provided these duties may 44,450
be performed by a person designated by the director. 44,451
(G)(F) The department of mental health shall divide the 44,453
state into districts for the purpose of designating the 44,454
institution in which mentally ill persons are hospitalized, and 44,455
may change the districts. 44,456
(H)(G) In addition to the powers expressly conferred, the 44,458
department of mental health shall have all powers and authority 44,459
necessary for the full and efficient exercise of the executive, 44,460
administrative, and fiscal supervision over the state 44,461
institutions described in this section. 44,462
(I)(H) The department of mental health may provide for the 44,465
custody, supervision, control, treatment, and training of
mentally ill persons hospitalized elsewhere than within the 44,466
enclosure of a hospital, if the department so determines with 44,467
respect to any individual or group of individuals. In all such 44,468
cases, the department shall ensure adequate and proper 44,469
supervision for the protection of such persons and of the public. 44,470
Sec. 5119.03. The department of mental health shall 44,479
operate, and with the approval of the governor, designate the 44,480
998
purpose of institutions, including separate institutions for 44,481
children and adults, and may change, with the approval of the 44,482
governor, these designations when necessary.
Sec. 5119.47. It is the policy of this state, and of the 44,491
department of mental health, to operate state hospital inpatient 44,493
services and other community-based services, in order to provide 44,495
for a full range of services for persons in need of mental health 44,497
services. In providing services, the department may deploy its 44,499
staff in community settings and locations other than public 44,501
hospitals. All such services shall be provided in a manner which 44,502
ensures persons in need of care access to the least restrictive 44,503
alternative that is available, appropriate, and culturally 44,505
relevant to their needs. This chapter shall be construed to 44,507
attain such purposes.
When a former state hospital mental health employee who has 44,509
been deployed by the department to provide mental health services 44,511
in a community setting or location other than a public hospital 44,512
leaves the position or retires, the position shall cease to 44,514
exist, unless the department and the employer at the community 44,516
setting or location agree to continuation of the position. 44,517
EACH YEAR, THE DEPARTMENT SHALL SUBMIT TO THE COMMITTEES OF 44,520
THE HOUSE OF REPRESENTATIVES AND SENATE THAT WORK WITH ISSUES OF 44,521
FINANCE AND APPROPRIATIONS A REPORT THAT PROVIDES THE FOLLOWING 44,522
INFORMATION ABOUT THE PREVIOUS YEAR:
(A) THE NUMBER OF POSITIONS AT A COMMUNITY SETTING OR 44,525
LOCATION OTHER THAN A PUBLIC HOSPITAL FILLED BY A FORMER STATE 44,526
HOSPITAL MENTAL HEALTH EMPLOYEE THAT CEASED TO EXIST PURSUANT TO 44,527
THIS SECTION;
(B) THE NUMBER OF TIMES AN EMPLOYER AT SUCH A COMMUNITY 44,530
SETTING OR LOCATION REQUESTED THAT SUCH A POSITION CONTINUE; 44,531
(C) THE NUMBER OF TIMES THE DEPARTMENT AGREED TO, AND THE 44,534
NUMBER OF TIMES THE DEPARTMENT REFUSED, A REQUEST TO CONTINUE THE 44,535
POSITION.
Sec. 5119.53. Any payments necessary to discharge any 44,544
999
financial obligations imposed upon the state of Ohio by the 44,545
compact or by any supplementary agreement entered into 44,547
thereunder, as provided in sections 5119.50 to 5119.52 of the
Revised Code, shall be made from appropriated funds upon 44,548
presentation to the director of budget and management of itemized 44,549
vouchers signed APPROVED by the compact administrator. 44,551
Sec. 5120.03. (A) The director of rehabilitation and 44,561
correction, by executive order and with the approval of the 44,562
governor, may change the purpose for which any institution or 44,563
place under the control of the department of rehabilitation and 44,564
correction, is being used. The director may designate a new or 44,565
another use for such institution, if the change of use and new 44,566
designation has for its objective, improvement in the 44,567
classification, segregation, care, education, cure, or 44,568
rehabilitation of persons subject to the control of the 44,569
department. 44,570
(B) The director of rehabilitation and correction, by 44,572
executive order, issued on or before December 31, 1988, shall 44,573
eliminate the distinction between penal institutions and 44,574
reformatory institutions. Notwithstanding any provision of the 44,575
Revised Code or the Administrative Code to the contrary, upon the 44,576
issuance of the executive order, any distinction made between the 44,577
types of prisoners sentenced to or otherwise assigned to the 44,578
institutions under the control of the department shall be 44,579
discontinued. 44,580
(C) THE DIRECTOR MAY CONTRACT UNDER SECTION 9.06 OF THE 44,582
REVISED CODE FOR THE PRIVATE OPERATION AND MANAGEMENT OF A 44,583
FACILITY UNDER THE CONTROL OF THE DEPARTMENT. ALL INMATES 44,584
ASSIGNED TO A FACILITY OPERATED AND MANAGED BY A PRIVATE 44,585
CONTRACTOR REMAIN INMATES IN THE CARE AND CUSTODY OF THE
DEPARTMENT. THE STATUTES, RULES, AND POLICIES OF THE DEPARTMENT 44,586
MAY APPLY TO THE PRIVATE CONTRACTOR AND ANY INMATE ASSIGNED TO A 44,587
FACILITY OPERATED AND MANAGED BY A PRIVATE CONTRACTOR AS AGREED 44,588
TO IN THE CONTRACT ENTERED INTO UNDER SECTION 9.06 OF THE REVISED 44,589
1000
CODE.
Sec. 5120.09. Under the supervision and control of the 44,598
director of rehabilitation and correction, the division of 44,599
business administration shall DO ALL OF THE FOLLOWING: 44,600
(A) Submit the budgets for the several divisions OF THE 44,602
DEPARTMENT OF REHABILITATION AND CORRECTION, as the same are 44,604
prepared by the respective chiefs thereof OF THOSE DIVISIONS, to 44,605
the director of rehabilitation and correction. The director, 44,606
with the assistance of the chief of the division of business 44,607
administration, shall compile a departmental budget containing 44,608
THAT CONTAINS all proposals submitted by the chiefs of the 44,610
divisions, and shall forward the same DEPARTMENTAL BUDGET to the 44,611
governor with such comments and recommendations as he THAT THE 44,613
DIRECTOR considers necessary.
(B) Maintain such accounts and records and compile such 44,615
statistics as THAT the director prescribes; 44,616
(C) Under the control of the director, coordinate and make 44,618
the necessary purchases and requisitions for the department and 44,619
its constituent divisions, except as provided under section 44,620
5119.16 of the Revised Code; 44,621
(D) ADMINISTER WITHIN THIS STATE FEDERAL CRIMINAL JUSTICE 44,623
ACTS THAT THE GOVERNOR REQUIRES THE DEPARTMENT TO ADMINISTER. IN 44,624
ORDER TO IMPROVE THE CRIMINAL JUSTICE SYSTEM OF THIS STATE, THE 44,625
DIVISION OF BUSINESS ADMINISTRATION SHALL APPLY FOR, ALLOCATE, 44,626
DISBURSE, AND ACCOUNT FOR GRANTS THAT ARE MADE AVAILABLE PURSUANT 44,628
TO THOSE FEDERAL CRIMINAL JUSTICE ACTS AND GRANTS THAT ARE MADE 44,629
AVAILABLE FROM OTHER FEDERAL GOVERNMENT SOURCES, STATE GOVERNMENT 44,630
SOURCES, OR PRIVATE SOURCES. AS USED IN THIS DIVISION, "CRIMINAL 44,631
JUSTICE SYSTEM" AND "FEDERAL CRIMINAL JUSTICE ACTS" HAVE THE SAME 44,632
MEANINGS AS IN SECTION 181.51 OF THE REVISED CODE. 44,634
(E) AUDIT THE ACTIVITIES OF GOVERNMENTAL ENTITIES, PERSONS 44,637
AS DEFINED IN SECTION 1.59 OF THE REVISED CODE, AND OTHER TYPES 44,639
OF NONGOVERNMENTAL ENTITIES THAT ARE FINANCED IN WHOLE OR IN PART 44,640
BY FUNDS THAT THE DEPARTMENT ALLOCATES OR DISBURSES AND THAT ARE 44,641
1001
DERIVED FROM GRANTS DESCRIBED IN DIVISION (D) OF THIS SECTION; 44,643
(F) ENTER INTO CONTRACTS, INCLUDING CONTRACTS WITH 44,646
FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITIES, PERSONS AS 44,647
DEFINED IN SECTION 1.59 OF THE REVISED CODE, FOUNDATIONS, AND
OTHER TYPES OF NONGOVERNMENTAL ENTITIES, THAT ARE NECESSARY FOR 44,648
THE DEPARTMENT TO CARRY OUT ITS DUTIES AND THAT NEITHER THE 44,650
DIRECTOR NOR ANOTHER SECTION OF THE REVISED CODE AUTHORIZES 44,652
ANOTHER DIVISION OF THE DEPARTMENT TO ENTER; 44,653
(G) Exercise such other powers and perform such other 44,655
duties that THE DIRECTOR may be assigned ASSIGN to it by the 44,657
director DIVISION OF BUSINESS ADMINISTRATION.
Sec. 5120.16. (A) Persons sentenced to any institution, 44,667
division, or place under the control and management of the 44,668
department of rehabilitation and correction are committed to the 44,669
control, care, and custody of the department. Subject to 44,670
division (B) of this section, the director of rehabilitation and 44,671
correction or the director's designee may direct that persons 44,673
sentenced to the department, or to any institution or place 44,674
within the department, shall first be conveyed to an appropriate 44,675
facility established and maintained by the department for 44,676
reception, examination, observation, and classification of the 44,677
persons so sentenced. If a presentence investigation report was 44,678
not prepared pursuant to section 2947.06 or 2951.03 of the
Revised Code or Criminal Rule 32.2 regarding any person sentenced 44,679
to the department or to any institution or place within the 44,680
department, the director or the director's designee may order the 44,681
department's field staff to conduct an offender background 44,682
investigation and prepare an offender background investigation 44,683
report regarding the person. The investigation and report shall 44,684
be conducted in accordance with division (A) of section 2951.03 44,685
of the Revised Code and the report shall contain the same 44,686
information as a presentence investigation report prepared 44,687
pursuant to that section. 44,688
When the examination, observation, and classification of 44,690
1002
the person have been completed by the facility and a written 44,691
report of the examination, observation, and classification is 44,692
filed with the commitment papers, the director or the director's 44,693
designee, subject to division (B) of this section, shall assign 44,694
the person to a suitable state institution or place maintained by 44,695
the state within the director's department or shall designate 44,696
that the person is to be housed in a county, multicounty, 44,697
municipal, municipal-county, or multicounty-municipal jail or 44,698
workhouse, if authorized by section 5120.161 of the Revised Code,
there to be confined, cared for, treated, trained, and 44,699
rehabilitated until paroled, released in accordance with section 44,700
2967.20, 2967.23, or 2967.28 of the Revised Code, or otherwise 44,701
released under the order of the court that imposed the person's 44,702
sentence. No person committed by a probate court, a trial court 44,703
pursuant to section 2945.40, 2945.401, or 2945.402 of the Revised 44,704
Code subsequent to a finding of not guilty by reason of insanity, 44,705
or a juvenile court shall be assigned to a state correctional 44,706
institution.
If a person is sentenced, committed, or assigned for the 44,708
commission of a felony to any one of the institutions or places 44,709
maintained by the department or to a county, multicounty, 44,710
municipal, municipal-county, or multicounty-municipal jail or 44,711
workhouse, the department, by order duly recorded and subject to 44,712
division (B) of this section, may transfer the person to any 44,713
other institution, or, if authorized by section 5120.161 of the 44,714
Revised Code, to a county, multicounty, municipal, 44,715
municipal-county, or multicounty-municipal jail or workhouse. 44,716
(B) If the case of a child who is alleged to be a 44,718
delinquent child is transferred for criminal prosecution to the 44,719
appropriate court having jurisdiction of the offense pursuant to 44,720
division (B) or (C) of section 2151.26 of the Revised Code, if 44,722
the child is convicted of or pleads guilty to a felony in that 44,723
case, if the child is sentenced to a prison term, as defined in 44,724
section 2901.01 of the Revised Code, and if the child is under 44,725
1003
eighteen years of age when delivered to the custody of the 44,726
department of rehabilitation and correction, all of the following 44,727
apply regarding the housing of the child: 44,728
(1) Until the child attains eighteen years of age, subject 44,730
to divisions (B)(2), (3), and (4) of this section, the department 44,732
shall house the child in a housing unit in a state correctional
institution separate from inmates who are eighteen years of age 44,733
or older. 44,734
(2) The department is not required to house the child in 44,736
the manner described in division (B)(1) of this section if the 44,738
child does not observe the rules and regulations of the
institution or the child otherwise creates a security risk by 44,739
being housed separately.
(3) If the department receives too few inmates who are 44,741
under eighteen years of age to fill a housing unit in a state 44,742
correctional institution separate from inmates who are eighteen 44,743
years of age or older, as described in division (B)(1) of this 44,744
section, the department may house the child in a housing unit in 44,745
a state correctional institution that includes both inmates who 44,746
are under eighteen years of age and inmates who are eighteen 44,747
years of age or older and under twenty-one years of age. 44,748
(4) Upon the child's attainment of eighteen years of age, 44,750
the department may house the child with the adult population of 44,751
the state correctional institution. 44,752
(C) The director or the director's designee shall develop 44,754
a policy for dealing with problems related to infection with the 44,755
human immunodeficiency virus. The policy shall include methods 44,756
of identifying individuals committed to the custody of the 44,757
department who are at high risk of infection with the virus, 44,758
counseling these individuals, and, if it is determined to be 44,759
medically appropriate, offering them the opportunity to be given 44,760
an HIV test approved by the director of health pursuant to 44,761
section 3701.241 of the Revised Code. 44,762
Arrangements for housing individuals diagnosed as having 44,764
1004
AIDS or an AIDS-related condition shall be made by the department 44,766
based on security and medical considerations and in accordance
with division (B) of this section, if applicable. 44,767
Sec. 5120.38. Subject to the rules and regulations of the 44,777
department of rehabilitation and correction, each institution 44,778
under the department's jurisdiction OTHER THAN AN INSTITUTION 44,779
OPERATED PURSUANT TO A CONTRACT ENTERED INTO UNDER SECTION 9.06 44,780
OF THE REVISED CODE shall be under the control of a managing 44,782
officer known as a superintendent or other appropriate title. 44,783
Such managing officer shall be appointed by the director of the 44,784
department of rehabilitation and correction and shall be in the 44,785
unclassified service and serve at the pleasure of the director. 44,786
Appointment to the position of managing officer shall be made 44,787
from persons holding positions in the classified service in the 44,788
department. A person so appointed shall retain the right to 44,789
resume the position and status THAT THE PERSON held by him in the 44,790
classified service immediately prior to his THE appointment. 44,791
Upon being relieved of his THE PERSON'S duties as managing 44,792
officer, such person shall be reinstated to the position in the 44,794
classified service THAT THE PERSON held by him immediately prior 44,796
to his THE appointment to the position of managing officer or to 44,798
another position, certified by the director with approval of the 44,799
state department of personnel as being substantially equal to 44,800
such position. Service as a managing officer shall be counted as 44,801
service in the position in the classified service held by such 44,802
person immediately preceding his THE PERSON'S appointment as 44,804
managing officer. When such A person WHO is reinstated to a 44,806
position in the classified service, as provided in this section, 44,807
he shall be entitled to all rights and emoluments accruing to 44,808
such position during the time of his THE PERSON'S service as 44,809
managing officer. 44,810
The managing officer, under the director, shall have entire 44,812
executive charge of the institution for which such managing 44,813
officer is appointed. Subject to civil service rules and 44,814
1005
regulations, the managing officer shall appoint the necessary 44,815
employees and he THE MANAGING OFFICER or the director may remove 44,816
such employees for cause. A report of all appointments, 44,818
resignations, and discharges shall be filed with the director at 44,819
the close of each month. 44,820
After conference with the managing officer of each 44,822
institution, the director shall determine the number of employees 44,823
to be appointed to the various institutions. 44,824
Sec. 5121.04. (A) The department of mental health and the 44,833
department of mental retardation and developmental disabilities 44,834
shall investigate the financial condition of the patients in 44,835
hospitals and residents in institutions, and those whose care or 44,836
treatment is being paid for in a private facility or home under 44,837
the department's control and of the relatives named in section 44,838
5121.06 of the Revised Code as liable for the support of such 44,839
patients or residents, in order to determine the ability of any 44,840
patient, resident, or such relatives to pay for the support of 44,841
the patient or resident and to provide suitable clothing as 44,842
required by the superintendent of the institution. In all cases, 44,843
in determining ability to pay and the amount to be charged, due 44,844
regard shall be had for others who may be dependent for support 44,845
upon such relatives or the estate of the patient. 44,846
(B) The department shall follow the provisions of this 44,848
division in determining the ability to pay of a patient or 44,849
resident or his THE PATIENT'S OR RESIDENT'S liable relatives and 44,850
the amount to be charged such patient or resident or liable 44,852
relatives.
(1) Subject to division DIVISIONS (B)(10) AND (11) of this 44,855
section, a patient or resident without dependents shall be liable 44,856
for the full per capita cost. A patient or resident without 44,857
dependents who has a gross annual income equal to or exceeding 44,858
the sum of the full per capita cost as determined under section 44,859
5121.03 of the Revised Code, plus fifty dollars per month, 44,860
regardless of the source of such income, shall pay currently the 44,861
1006
full amount of the per capita cost; if his THE PATIENT'S OR 44,862
RESIDENT'S gross annual income is less than such sum, not more 44,864
than fifty dollars per month shall be kept for personal use by or 44,865
on behalf of the patient or resident, except as permitted in the 44,866
state plan for providing medical assistance under Title XIX of 44,867
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 44,868
amended, and the balance shall be paid currently on his THE 44,869
PATIENT'S OR RESIDENT'S support. Subject to division DIVISIONS 44,870
(B)(10) AND (11) of this section, the estate of a patient or 44,871
resident without dependents shall pay currently any remaining 44,872
difference between the per capita cost and the amounts prescribed 44,873
in this section, or shall execute an agreement with the 44,874
department for payment to be made at some future date under terms 44,875
suitable to the department. However, no security interest, 44,876
mortgage, or lien shall be taken, granted, or charged against any 44,877
principal residence of a patient or resident without dependents 44,878
under an agreement or otherwise to secure support payments, and 44,879
no foreclosure actions shall be taken on security interests, 44,880
mortgages, or liens taken, granted, or charged against principal 44,881
residences of patients or residents prior to October 7, 1977. 44,882
(2) The ability to pay of a patient or resident with 44,884
dependents, or of a liable relative of a patient or resident 44,885
either with or without dependents, shall be determined in 44,886
accordance with his THE PATIENT'S, RESIDENT'S, OR LIABLE 44,887
RELATIVE'S income or other assets, the needs of others who are 44,889
dependent on such income and other assets for support, and, if 44,890
applicable, division DIVISIONS (B)(10) AND (11) of this section. 44,891
For the first thirty days of care and treatment of each 44,893
admission, but in no event for more than thirty days in any 44,894
calendar year, the mentally ill patient or mentally retarded 44,895
resident with dependents or the liable relative of a mentally ill 44,896
patient or a mentally retarded resident either with or without 44,897
dependents shall be charged an amount equal to the percentage of 44,898
the average per capita cost determined in accordance with the 44,899
1007
schedule of adjusted gross annual income contained after this 44,900
paragraph. After such first thirty days of care and treatment, 44,901
such mentally ill patient or mentally retarded resident or such 44,902
liable relative shall be charged an amount equal to the 44,903
percentage of a base support rate of four dollars per day for 44,904
mentally ill patients and mentally retarded residents, as 44,905
determined in accordance with the schedule of gross annual income 44,906
contained after this paragraph, or in accordance with division 44,907
(B)(5) of this section. Beginning January 1, 1978, the 44,908
department shall increase the base rate when the consumer price 44,909
index average is more than 4.0 for the preceding calendar year by 44,910
not more than the average for such calendar year. 44,911
Adjusted Gross 44,913
Annual Income of
Patient or
Resident or
Liable Relative
(FN a) Number of Dependents (FN b) 44,914
1 2 3 4 5 6 7 8 or 44,923
more
Rate of Support (In Percentages) 44,924
$15,000 or less -- -- -- -- -- -- -- -- 44,926
15,001 to 17,500 20 -- -- -- -- -- -- -- 44,928
17,501 to 20,000 25 20 -- -- -- -- -- -- 44,930
20,001 to 21,000 30 25 20 -- -- -- -- -- 44,932
21,001 to 22,000 35 30 25 20 -- -- -- -- 44,934
22,001 to 23,000 40 35 30 25 20 -- -- -- 44,936
23,001 to 24,000 45 40 35 30 25 20 -- -- 44,938
24,001 to 25,000 50 45 40 35 30 25 20 -- 44,940
25,001 to 26,000 55 50 45 40 35 30 25 20 44,942
26,001 to 27,000 60 55 50 45 40 35 30 25 44,944
27,001 to 28,000 70 60 55 50 45 40 35 30 44,946
28,001 to 30,000 80 70 60 55 50 45 40 35 44,948
30,001 to 40,000 90 80 70 60 55 50 45 40 44,950
1008
40,001 and over 100 90 80 70 60 55 50 45 44,952
Footnote a. The patient or resident or relative shall 44,955
furnish a copy of his THE PATIENT'S, RESIDENT'S, OR RELATIVE'S 44,956
federal income tax return as evidence of his gross annual income. 44,959
Footnote b. The number of dependents includes the liable 44,961
relative but excludes the patient or resident in the hospital or 44,962
institution. "Dependent" includes any person who receives more 44,963
than half his THE PERSON'S support from the patient or his THE 44,965
PATIENT'S liable relative.
(3) A patient or resident or liable relative having 44,967
medical, funeral, or related expenses in excess of four per cent 44,968
of the adjusted gross annual income, which expenses were not 44,969
covered by insurance, may adjust such gross annual income by 44,970
reducing the adjusted gross annual income by the full amount of 44,971
such expenses. Proof of such expenses satisfactory to the 44,972
department must be furnished. 44,973
(4) Additional dependencies may be claimed if: 44,975
(a) The liable relative is blind; 44,977
(b) The liable relative is over sixty-five; 44,979
(c) A child is a college student with expenses in excess 44,981
of fifty dollars per month; 44,982
(d) The services of a housekeeper, costing in excess of 44,984
fifty dollars per month, are required if the person who normally 44,985
keeps house for minor children is the patient or resident. 44,986
(5) If with respect to any patient or resident with 44,988
dependents there is chargeable under division (B)(2) of this 44,989
section less than fifty per cent of the per capita cost or, if 44,990
the base support rate was used, less than fifty per cent of the 44,991
amount determined by use of the base support rate, and if with 44,992
respect to such patient or resident there is a liable relative 44,993
who has an estate having a value in excess of fifteen thousand 44,994
dollars or if such patient or resident has a dependent and an 44,995
estate having a value in excess of fifteen thousand dollars, 44,996
there shall be paid with respect to such patient or resident a 44,997
1009
total of fifty per cent of the per capita cost or the base 44,998
support rate amount, as the case may be, on a current basis or 44,999
there shall be executed with respect to such patient or resident 45,000
an agreement with the department for payment to be made at some 45,001
future date under terms suitable to the department. 45,002
(6) When a person has been a patient or resident for 45,004
fifteen years and the support charges for which a relative is 45,005
liable have been paid for the fifteen-year period, the liable 45,006
relative shall be relieved of any further support charges. 45,007
(7) The department shall accept voluntary payments from 45,009
patients or residents or liable relatives whose incomes are below 45,010
the minimum shown in the schedule set forth in this division. The 45,012
department also shall accept voluntary payments in excess of
required amounts from both liable and nonliable relatives. 45,013
(8) If a patient or resident is covered by an insurance 45,015
policy, or other contract that provides for payment of expenses 45,016
for care and treatment for mental illness or mental retardation 45,017
at an institution or facility, including a hospital or community 45,018
service unit under the jurisdiction of the department, the other 45,019
provisions of this section, except divisions (B)(8) and, (10), 45,021
AND (11) of this section, and of section 5121.03 of the Revised 45,022
Code shall be suspended to the extent that such insurance policy 45,023
or other contract is in force, and such patient or resident shall 45,024
be charged the full amount of the per capita cost for care and 45,025
treatment at the institution or facility at which the patient or 45,026
resident receives such care and treatment. Any insurance carrier 45,027
or other third party payor providing coverage for such care and 45,028
treatment shall pay for this support obligation in an amount 45,029
equal to the lesser of either the per capita charges for services 45,030
at the institution or facility or the benefits provided under the 45,031
policy or other contract. Whether or not an insured, owner of, 45,032
or other person having an interest in such policy or other 45,033
contract is liable for support payments under other provisions of 45,034
this chapter, he THE INSURED, POLICY OWNER, OR OTHER PERSON shall 45,036
1010
assign payment directly to the department of all assignable 45,037
benefits under the policy or other contract and shall pay over to 45,038
the department, within ten days of receipt, all insurance or 45,039
other benefits that he receives RECEIVED as reimbursement or 45,040
payment for expenses incurred by the patient or resident or for 45,041
any other reason. If he THE INSURED, POLICY OWNER, OR OTHER 45,042
PERSON refuses to assign such payment to the department or 45,044
refuses to pay such received reimbursements or payments over to 45,045
the department within ten days of receipt, his THE INSURED'S, 45,046
POLICY OWNERS', OR OTHER PERSON'S total liability for the 45,047
services equals his THE APPLICABLE statutory liability for 45,049
payment for the services as determined under other provisions of 45,050
this chapter, plus the amounts payable under the terms of the
policy or other contract. In no event shall this total liability 45,051
exceed the full amount of the per capita cost for services at the 45,052
institution or facility at which the patient or resident received 45,053
the care and treatment. Upon its request, the department is 45,054
entitled to a court order that compels the insured, owner of, or 45,055
other person having an interest in the policy or other contract 45,056
to comply with the assignment requirements of this division or 45,057
that itself serves as a legally sufficient assignment in 45,058
compliance with such requirements. Notwithstanding section 45,059
5122.31 of the Revised Code and any other law relating to 45,060
confidentiality of records, the managing officer of the 45,061
institution or facility where a person is or has been a patient 45,062
or resident shall disclose pertinent medical information 45,063
concerning the patient or resident to the insurance carrier or 45,064
other third party payor in question, in order to effect 45,065
collection from the carrier or payor of the state's claim for 45,066
care and treatment under this division. For such disclosure, the 45,067
managing officer is not subject to any civil or criminal 45,068
liability. 45,069
(9) The rate to be charged for pre-admission care, 45,071
after-care, day-care, or routine consultation and treatment 45,072
1011
services shall be based upon the ability of the patient or 45,073
resident or his THE PATIENT'S OR RESIDENT'S liable relatives to 45,074
pay. When it is determined by the department that a charge shall 45,076
be made, such charge shall be computed as provided in divisions 45,077
(B)(1) and (2) of this section. 45,078
(10) If a patient or resident with or without dependents 45,080
is the beneficiary of a trust created pursuant to section 1339.51 45,081
of the Revised Code, then, notwithstanding any contrary provision 45,082
of this chapter or of a rule adopted pursuant to this chapter, 45,083
divisions (C) and (D) of that section shall apply in determining 45,084
the assets or resources of the patient or resident, his THE 45,085
PATIENT'S OR RESIDENT'S estate, or the testator's estate and to 45,087
claims arising under this chapter against the patient or 45,088
resident, his THE PATIENT'S OR RESIDENT'S estate, or the 45,089
testator's estate. 45,090
(11) IF THE DEPARTMENT OF MENTAL RETARDATION AND 45,092
DEVELOPMENTAL DISABILITIES WAIVES THE LIABILITY OF AN INDIVIDUAL 45,093
AND THE INDIVIDUAL'S LIABLE RELATIVES PURSUANT TO SECTION 45,094
5123.194 OF THE REVISED CODE, THE LIABILITY OF THE INDIVIDUAL AND 45,095
RELATIVE CEASES IN ACCORDANCE WITH THE WAIVER'S TERMS.
(C) The department may enter into agreements with a 45,097
patient or resident or a liable relative for support payments to 45,098
be made in the future. However, no security interest, mortgage, 45,099
or lien shall be taken, granted, or charged against any principal 45,100
family residence of a patient or resident with dependents or a 45,101
liable relative under an agreement or otherwise to secure support 45,102
payments, and no foreclosure actions shall be taken on security 45,103
interests, mortgages or liens taken, granted, or charged against 45,104
principal residences of patients or residents or liable relatives 45,105
prior to October 7, 1977. 45,106
(D) The department shall make all investigations and 45,108
determinations required by this section within ninety days after 45,109
a patient or resident is admitted to an institution under the 45,110
department's control, and immediately shall notify by mail the 45,111
1012
persons liable of the amount to be charged. 45,112
(E) All actions to enforce the collection of payments 45,114
agreed upon or charged by the department shall be commenced 45,115
within six years after the date of default of an agreement to pay 45,116
support charges or the date such payment becomes delinquent. If 45,117
a payment is made pursuant to an agreement which is in default, a 45,118
new six-year period for actions to enforce the collection of 45,119
payments under such agreement shall be computed from the date of 45,120
such payment. For purposes of this division an agreement is in 45,121
default or a payment is delinquent if a payment is not made 45,122
within thirty days after it is incurred or a payment, pursuant to 45,123
an agreement, is not made within thirty days after the date 45,124
specified for such payment. In all actions to enforce the 45,125
collection of payment for the liability for support, every court 45,126
of record shall receive into evidence the proof of claim made by 45,127
the state together with all debts and credits, and it shall be 45,128
prima-facie evidence of the facts contained in it. 45,129
Sec. 5122.43. (A) Costs, fees, and expenses of all 45,138
proceedings held under this chapter shall be paid as follows: 45,139
(1) To police and health officers, other than sheriffs or 45,141
their deputies, the same fees allowed to constables, to be paid 45,142
upon the approval of the probate judge; 45,143
(2) To sheriffs or their deputies, the same fees allowed 45,145
for similar services in the court of common pleas; 45,146
(3) To physicians or licensed clinical psychologists 45,148
acting as expert witnesses and to other expert witnesses 45,149
designated by the court, an amount determined by the court; 45,150
(4) To other witnesses, the same fees and mileage as for 45,152
attendance at the court of common pleas, to be paid upon the 45,153
approval of the probate judge; 45,154
(5) To a person, other than the sheriff or his THE 45,156
SHERIFF'S deputies, for taking a mentally ill person to a 45,157
hospital or removing a mentally ill person from a hospital, the 45,158
actual necessary expenses incurred, specifically itemized, and 45,159
1013
approved by the probate judge; 45,160
(6) To assistants who convey mentally ill persons to the 45,162
hospital when authorized by the probate judge, a fee set by the 45,163
probate court, provided the assistants are not drawing a salary 45,164
from the state or any political subdivision of the state, and 45,165
their actual necessary expenses incurred, provided that the 45,166
expenses are specifically itemized and approved by the probate 45,167
judge; 45,168
(7) To an attorney appointed by the probate division for 45,170
an indigent who allegedly is a mentally ill person pursuant to 45,171
any section of this chapter, the fees that are determined by the 45,172
probate division. When those indigent persons are before the 45,173
court, all filing and recording fees shall be waived. 45,174
(8) To a referee who is appointed to conduct proceedings 45,176
under this chapter that involve a respondent whose domicile is 45,177
or, before his THE RESPONDENT'S hospitalization, was not the 45,178
county in which the proceedings are held, compensation as fixed 45,179
by the probate division, but not more than the compensation paid 45,180
for similar proceedings for respondents whose domicile is in the 45,181
county in which the proceedings are held; 45,182
(9) To a court reporter appointed to make a transcript of 45,184
proceedings under this chapter, the compensation and fees allowed 45,185
in other cases under section 2101.08 of the Revised Code. 45,186
(B) All A COUNTY SHALL PAY FOR THE costs, fees, and 45,188
expenses described in division (A) of this section, after payment 45,189
by the county from appropriations WITH MONEY APPROPRIATED 45,190
pursuant to section 2101.11 of the Revised Code, shall be 45,191
certified by the county auditor and submitted. A COUNTY MAY SEEK 45,192
REIMBURSEMENT FROM THE DEPARTMENT OF MENTAL HEALTH BY SUBMITTING 45,193
A REQUEST AND CERTIFICATION BY THE COUNTY AUDITOR OF THE COSTS, 45,194
FEES, AND EXPENSES to the department of mental health within two 45,195
months of the date the costs, fees, and expenses are incurred by 45,197
the county.
The EACH FISCAL YEAR, BASED ON PAST ALLOCATIONS, HISTORICAL 45,200
1014
UTILIZATION, AND OTHER FACTORS THE DEPARTMENT CONSIDERS 45,201
APPROPRIATE, THE DEPARTMENT SHALL ALLOCATE FOR EACH COUNTY AN 45,202
AMOUNT FOR REIMBURSEMENTS UNDER THIS SECTION. THE TOTAL OF ALL 45,203
THE ALLOCATIONS SHALL EQUAL THE AMOUNT APPROPRIATED FOR THE
FISCAL YEAR TO THE DEPARTMENT SPECIFICALLY FOR THE PURPOSES OF 45,204
THIS SECTION.
ON RECEIPT, THE department shall review each request for 45,209
reimbursement and prepare a voucher for the amount of the costs, 45,210
fees, and expenses incurred by the county, provided that the 45,211
total amount of money paid to all counties in each fiscal year 45,212
shall not exceed the total amount of moneys specifically 45,213
appropriated to the department for these purposes. If the amount 45,214
appropriated to the department in any fiscal year is insufficient 45,216
to reimburse each county in full for the costs, fees, and 45,217
expenses incurred, the amount of money paid in that fiscal year 45,219
pursuant to this section to each county shall be reduced 45,220
proportionately so that each county is paid an equal percentage 45,221
of its total of the costs, fees, and expenses in the fiscal year 45,222
THE DEPARTMENT'S TOTAL REIMBURSEMENT TO EACH COUNTY SHALL 45,224
BE THE LESSER OF THE FULL AMOUNT REQUESTED OR THE AMOUNT 45,226
ALLOCATED FOR THE COUNTY UNDER THIS DIVISION. IN ADDITION, THE 45,227
DEPARTMENT SHALL DISTRIBUTE ANY SURPLUS REMAINING FROM THE MONEY 45,228
APPROPRIATED FOR THE FISCAL YEAR TO THE DEPARTMENT FOR THE 45,229
PURPOSES OF THIS SECTION AS FOLLOWS TO COUNTIES WHOSE FULL
REQUESTS EXCEED THEIR ALLOCATIONS: 45,230
(1) IF THE SURPLUS IS SUFFICIENT TO REIMBURSE SUCH 45,232
COUNTIES THE FULL AMOUNT OF THEIR REQUESTS, EACH SUCH COUNTY 45,233
SHALL RECEIVE THE FULL AMOUNT OF ITS REQUEST; 45,234
(2) IF THE SURPLUS IS INSUFFICIENT, EACH SUCH COUNTY SHALL 45,237
RECEIVE A PERCENTAGE OF THE SURPLUS DETERMINED BY DIVIDING THE 45,238
DIFFERENCE BETWEEN THE COUNTY'S FULL REQUEST AND ITS ALLOCATION 45,239
BY THE DIFFERENCE BETWEEN THE TOTAL OF THE FULL REQUESTS OF ALL 45,240
SUCH COUNTIES AND THE TOTAL OF THE AMOUNTS ALLOCATED FOR ALL SUCH 45,241
COUNTIES.
1015
The department may adopt rules in accordance with Chapter 45,243
119. of the Revised Code to implement the payment of costs, fees, 45,244
and expenses under this section. 45,245
Sec. 5123.05. The following divisions are hereby 45,255
established in the department of mental retardation and 45,256
developmental disabilities: 45,257
(A) Division of administrative services; 45,259
(B) Division of developmental center services. 45,261
The director of mental retardation and developmental 45,263
disabilities may establish other divisions IN THE DEPARTMENT OF 45,264
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES and prescribe 45,265
their powers and duties. 45,266
Each division shall consist of a chief and the officers and 45,268
employees, including those in institutions, necessary for the 45,269
performance of the functions assigned to it. The director shall 45,270
supervise the work of each division and be responsible for the 45,271
determination of general policies in the exercise of powers 45,272
vested in the department and powers assigned to each division. 45,273
The chief of each division shall be responsible to the director 45,274
for the organization, direction, and supervision of the work of 45,275
the division and the exercise of the powers and the performance 45,276
of the duties of the department assigned to such division, and, 45,277
with the approval of the director, may establish bureaus or other 45,278
administrative units therein IN THE DIVISION. 45,279
Appointment to the position of chief of a division may be 45,281
made from persons holding positions in the classified service in 45,282
the department. 45,283
The chief of the division of developmental center services 45,285
shall have completed course requirements for a graduate degree in 45,286
education, medicine, psychology, public administration, or social 45,287
work and shall be certified or eligible for certification to 45,288
practice in his field of training if certification is available 45,290
in such field. He shall have had training in supervision and 45,292
administration and a minimum of five years experience in the 45,293
1016
administration of programs utilizing up-to-date methods for 45,294
treatment and care of mentally retarded or developmentally 45,295
disabled persons. 45,296
The chief of each division shall be a person who has had 45,298
special training and experience in the type of work with the 45,299
performance of which the division is charged. 45,300
Each chief of a division, under the director, shall have 45,302
entire executive charge of the division to which he THE CHIEF is 45,304
appointed chief. Subject to sections 124.01 to 124.64 of the 45,305
Revised Code, and civil service rules, the chief of a division 45,306
shall, with the approval of the director, select and appoint the 45,307
necessary employees in his THE CHIEF'S division and may remove 45,308
such employees for cause. 45,310
Sec. 5123.122. Notwithstanding section 5121.04 of the 45,319
Revised Code AND EXCEPT AS PROVIDED IN SECTION 5123.194 OF THE 45,320
REVISED CODE, the liable relative of a mentally retarded or 45,321
developmentally disabled person who is a minor receiving 45,322
residential services pursuant to section 5123.18 of the Revised 45,323
Code shall be charged for the minor's support the percentage of a
base support rate determined in accordance with division (B)(2) 45,324
of section 5121.04 of the Revised Code. 45,325
Sec. 5123.18. (A) As used in this section: 45,334
(1) "Contractor" means a person or government agency that 45,336
enters into a contract with the department of mental retardation 45,337
and developmental disabilities under this section. 45,338
(2) "Government agency" means a state agency as defined in 45,340
section 117.01 of the Revised Code or a similar agency of a 45,341
political subdivision of the state. 45,342
(3) "Residential services" means the services necessary 45,344
for an individual with mental retardation or a developmental 45,345
disability to live in the community, including room and board, 45,346
clothing, transportation, personal care, habilitation, 45,347
supervision, and any other services the department considers 45,348
necessary for the individual to live in the community. 45,349
1017
(B)(1) The department of mental retardation and 45,351
developmental disabilities may enter into a contract with a 45,352
person or government agency to provide residential services to 45,353
individuals with mental retardation or developmental disabilities 45,354
in need of residential services. Contracts for residential 45,355
services shall be of the following types: 45,356
(a) Companion home contracts - contracts under which the 45,358
contractor is an individual, the individual is the primary 45,359
caregiver, and the individual owns or leases and resides in the 45,360
home in which the services are provided. 45,361
(b) Agency-operated companion home contracts - contracts 45,363
under which the contractor subcontracts, for purposes of 45,364
coordinating the provision of residential services, with one or 45,365
more individuals who are primary caregivers and own or lease and 45,366
reside in the homes in which the services are provided. 45,367
(c) Community home contracts - contracts for residential 45,369
services under which the contractor owns or operates a home that 45,370
is used solely to provide residential services. 45,371
(d) Combined agency-operated companion home and community 45,373
home contracts. 45,374
(2) A companion home contract shall cover not more than 45,376
one home. An agency-operated companion home contract or a 45,377
community home contract may cover more than one home. 45,378
(C) Contracts shall be in writing and shall provide for 45,380
payment to be made to the contractor at the times agreed to by 45,381
the department and the contractor. Each contract shall specify 45,382
the period during which it is valid, the amount to be paid for 45,383
residential services, and the number of individuals for whom 45,384
payment will be made. Contracts may be renewed. 45,385
(D) To be eligible to enter into a contract under this 45,387
section, the person or government agency and the home in which 45,388
the residential services are provided must meet all applicable 45,389
standards for licensing or certification by the appropriate 45,390
government agency. In addition, if the residential facility is 45,391
1018
operated as a nonprofit entity, the members of the board of 45,392
trustees or board of directors of the facility must not have a 45,393
financial interest in or receive financial benefit from the 45,394
facility, other than reimbursement for actual expenses incurred 45,395
in attending board meetings. 45,396
A home with a companion home contract or an agency operated 45,398
companion home contract that has five or fewer residents with 45,399
mental retardation or a developmental disability is a foster 45,400
family home as defined in section 5123.19 of the Revised Code. 45,401
(E)(1) The department shall determine the payment amount 45,403
assigned to an initial contract. To the extent that the 45,404
department determines sufficient funds are available, the payment 45,405
amount assigned to an initial contract shall be equal to the 45,406
average amount assigned to contracts for other homes that are of 45,407
the same type and size and serve individuals with similar needs, 45,408
except that if an initial contract is the result of a change of 45,409
contractor or ownership, the payment amount assigned to the 45,410
contract shall be the lesser of the amount assigned to the 45,411
previous contract or the contract's total adjusted predicted 45,412
funding need calculated under division (I) of this section. 45,413
(2) A renewed contract shall be assigned a payment amount 45,415
in accordance with division (K) of this section. 45,416
(3) When a contractor relocates a home to another site at 45,418
which residential services are provided to the same individuals, 45,419
the payment amount assigned to the contract for the new home 45,420
shall be the payment amount assigned to the contract at the 45,421
previous location. 45,422
(F)(1) Annually, a contractor shall complete an assessment 45,424
of each individual to whom the contractor provides residential 45,425
services to predict the individual's need for routine direct 45,426
services staff. The department shall establish by rule adopted 45,427
in accordance with Chapter 119. of the Revised Code the 45,428
assessment instrument to be used by contractors to make 45,429
assessments. Assessments shall be submitted to the department 45,430
1019
not later than the thirty-first day of January of each year. 45,431
A contractor shall submit a revised assessment for an 45,433
individual if there is a substantial, long-term change in the 45,434
nature of the individual's needs. A contractor shall submit 45,435
revised assessments for all individuals receiving residential 45,436
services if there is a change in the composition of the home's 45,437
residents. 45,438
(2) Annually, a contractor shall submit a cost report to 45,440
the department specifying the costs incurred in providing 45,441
residential services during the immediately preceding calendar 45,442
year. Only costs actually incurred by a contractor shall be 45,443
reported on a cost report. Cost reports shall be prepared 45,444
according to a uniform chart of accounts approved by the 45,445
department and shall be submitted on forms prescribed by the 45,446
department. 45,447
(3) The department shall not renew the contract held by a 45,449
contractor who fails to submit the assessments or cost reports 45,450
required under this division. 45,451
(4) The department shall adopt rules as necessary 45,453
regarding the submission of assessments and cost reports under 45,454
this division. The rules shall be adopted in accordance with 45,455
Chapter 119. of the Revised Code. 45,456
(G) Prior to renewing a contract entered into under this 45,458
section, the department shall compute the contract's total 45,459
predicted funding need and total adjusted predicted funding need. 45,460
The department shall also compute the contract's unmet funding 45,461
need if the payment amount assigned to the contract is less than 45,462
the total adjusted predicted funding need. The results of these 45,463
calculations shall be used to determine the payment amount 45,464
assigned to the renewed contract. 45,465
(H)(1) A contract's total predicted funding need is an 45,467
amount equal to the sum of the predicted funding needs for the 45,468
following cost categories: 45,469
(a) Routine direct services staff; 45,471
1020
(b) Dietary, program supplies, and specialized staff; 45,473
(c) Facility and general services; 45,475
(d) Administration. 45,477
(2) Based on the assessments submitted by the contractor, 45,479
the department shall compute the contract's predicted funding 45,480
need for the routine direct services staff cost category by 45,481
multiplying the number of direct services staff predicted to be 45,482
necessary for the home by the sum of the following: 45,483
(a) Entry level wages paid during the immediately 45,485
preceding cost reporting period to comparable staff employed by 45,486
the county board of mental retardation and developmental 45,487
disabilities of the county in which the home is located; 45,488
(b) Fringe benefits and payroll taxes as determined by the 45,490
department using state civil service statistics from the same 45,491
period as the cost reporting period. 45,492
(3) The department shall establish by rule adopted in 45,494
accordance with Chapter 119. of the Revised Code the method to be 45,495
used to compute the predicted funding need for the dietary, 45,496
program supplies, and specialized staff cost category; the 45,497
facility and general services cost category; and the 45,498
administration cost category. The rules shall not establish a 45,499
maximum amount that may be attributed to the dietary, program 45,500
supplies, and specialized staff cost category. The rules shall 45,501
establish a process for determining the combined maximum amount 45,502
that may be attributed to the facility and general services cost 45,503
category and the administration cost category. 45,504
(I)(1) A contract's total adjusted predicted funding need 45,506
is the contract's total predicted funding need with adjustments 45,507
made for the following: 45,508
(a) Inflation, as provided under division (I)(2) of this 45,510
section; 45,511
(b) The predicted cost of complying with new requirements 45,513
established under federal or state law that were not taken into 45,514
consideration when the total predicted funding need was computed; 45,515
1021
(c) Changes in needs based on revised assessments 45,517
submitted by the contractor. 45,518
(2) In adjusting the total predicted funding need for 45,520
inflation, the department shall use either the consumer price 45,521
index compound annual inflation rate calculated by the United 45,522
States department of labor for all items or another index or 45,523
measurement of inflation designated in rules that the department 45,524
shall adopt in accordance with Chapter 119. of the Revised Code. 45,525
When a contract is being renewed for the first time, and 45,527
the contract is to begin on the first day of July, the inflation 45,528
adjustment applied to the contract's total predicted funding need 45,529
shall be the estimated rate of inflation for the calendar year in 45,530
which the contract is renewed. If the consumer price index is 45,531
being used, the department shall base its estimate on the rate of 45,532
inflation calculated for the three-month period ending the 45,533
thirty-first day of March of that calendar year. If another 45,534
index or measurement is being used, the department shall base its 45,535
estimate on the most recent calculations of the rate of inflation 45,536
available under the index or measurement. Each year thereafter, 45,537
the inflation adjustment shall be estimated in the same manner, 45,538
except that if the estimated rate of inflation for a year is 45,539
different from the actual rate of inflation for that year, the 45,540
difference shall be added to or subtracted from the rate of 45,541
inflation estimated for the next succeeding year. 45,542
If a contract begins at any time other than July first, the 45,544
inflation adjustment applied to the contract's total predicted 45,545
funding need shall be determined by a method comparable to that 45,546
used for contracts beginning July first. The department shall 45,547
adopt rules in accordance with Chapter 119. of the Revised Code 45,548
establishing the method to be used. 45,549
(J) A contract's unmet funding need is the difference 45,551
between the payment amount assigned to the contract and the total 45,552
adjusted predicted funding need, if the payment amount assigned 45,553
is less than the total adjusted predicted funding need. 45,554
1022
(K) The payment amount to be assigned to a contract being 45,556
renewed shall be determined by comparing the total adjusted 45,557
predicted funding need with the payment amount assigned to the 45,558
current contract. 45,559
(1) If the payment amount assigned to the current contract 45,561
equals or exceeds the total adjusted predicted funding need, the 45,562
payment amount assigned to the renewed contract shall be the same 45,563
as that assigned to the current contract, unless a reduction is 45,564
made pursuant to division (L) of this section. 45,565
(2) If the payment amount assigned to the current contract 45,567
is less than the total adjusted predicted funding need, the 45,568
payment amount assigned to the renewed contract shall be 45,569
increased if the department determines that funds are available 45,570
for such increases. The amount of a contract's increase shall be 45,571
the same percentage of the available funds that the contract's 45,572
unmet funding need is of the total of the unmet funding need for 45,573
all contracts. 45,574
(L) When renewing a contract provided for in division (B) 45,576
of this section other than a companion home contract, the 45,577
department may reduce the payment amount assigned to a renewed 45,578
contract if the sum of the contractor's allowable reported costs 45,579
and the maximum efficiency incentive is less than ninety-one and 45,580
one-half per cent of the amount received pursuant to this section 45,581
during the immediately preceding contract year. 45,582
The department shall adopt rules in accordance with Chapter 45,584
119. of the Revised Code establishing a formula to be used in 45,585
computing the maximum efficiency incentive, which shall be at 45,586
least four per cent of the weighted average payment amount to be 45,587
made to all contractors during the contract year. The maximum 45,588
efficiency incentive shall be computed annually. 45,589
(M) The department may increase the payment amount 45,591
assigned to a contract based on the contract's unmet funding need 45,592
at times other than when the contract is renewed. The department 45,593
may develop policies for determining priorities in making such 45,594
1023
increases. 45,595
(N)(1) In addition to the contracts provided for in 45,597
division (B) of this section, the department may enter into the 45,598
following contracts: 45,599
(a) A contract to pay the cost of beginning operation of a 45,601
new home that is to be funded under a companion home contract, 45,602
agency-operated companion home contract, community home contract, 45,603
or combined agency-operated companion home and community home 45,604
contract. 45,605
(b) A contract to pay the cost associated with increasing 45,607
the number of individuals served by a home funded under a 45,608
companion home contract, agency-operated companion home contract, 45,609
community home contract, or combined agency-operated companion 45,610
home and community home contract. 45,611
(2) The department shall adopt rules as necessary 45,613
regarding contracts entered into under this division. The rules 45,614
shall be adopted in accordance with Chapter 119. of the Revised 45,615
Code. 45,616
(O) Except for companion home contracts, the department 45,618
shall conduct a reconciliation of the amount earned under a 45,619
contract and the actual costs incurred by the contractor. An 45,620
amount is considered to have been earned for delivering a service 45,621
at the time the service is delivered. The department shall adopt 45,622
rules in accordance with Chapter 119. of the Revised Code 45,623
establishing procedures for conducting reconciliations. 45,624
A reconciliation shall be based on the annual cost report 45,626
submitted by the contractor. If a reconciliation reveals that a 45,627
contractor owes money to the state, the amount owed shall be 45,628
collected in accordance with section 5123.183 of the Revised 45,629
Code. 45,630
When conducting reconciliations, the department shall 45,632
review all reported costs that may be affected by transactions 45,633
required to be reported under division (B)(3) of section 5123.172 45,634
of the Revised Code. If the department determines that such 45,635
1024
transactions have increased the cost reported by a contractor, 45,636
the department may disallow or adjust the cost allowable for 45,637
payment. The department shall adopt rules in accordance with 45,638
Chapter 119. of the Revised Code establishing standards for 45,639
disallowances or adjustments. 45,640
(P) The department may audit contracts entered into under 45,642
this section. Audits may be conducted by the department or an 45,643
entity with which the department contracts to perform the audits. 45,644
The department shall adopt rules in accordance with Chapter 119. 45,645
of the Revised Code establishing procedures for conducting 45,646
audits. 45,647
An audit may include the examination of a contractor's 45,649
financial books and records, the costs incurred by a contractor 45,650
in providing residential services, and any other relevant 45,651
information specified by the department. An audit shall not be 45,652
commenced more than four years after the expiration of the 45,653
contract to be audited, except in cases where the department has 45,654
reasonable cause to believe that a contractor has committed 45,655
fraud. 45,656
If an audit reveals that a contractor owes money to the 45,658
state, the amount owed, subject to an adjudication hearing under 45,659
this division, shall be collected in accordance with section 45,660
5123.183 of the Revised Code. If an audit reveals that a 45,661
reconciliation conducted under this section resulted in the 45,662
contractor erroneously paying money to the state, the department 45,663
shall refund the money to the contractor, or, in lieu of making a 45,664
refund, the department may offset the erroneous payment against 45,665
any money determined as a result of the audit to be owed by the 45,666
contractor to the state. The department is not required to pay 45,667
interest on any money refunded under this division. 45,668
In conducting audits or making determinations of amounts 45,670
owed by a contractor and amounts to be refunded or offset, the 45,671
department shall not be bound by the results of reconciliations 45,672
conducted under this section, except with regard to cases 45,673
1025
involving claims that have been certified pursuant to section 45,674
5123.183 of the Revised Code to the attorney general for 45,675
collection for which a full and final settlement has been reached 45,676
or a final judgment has been made from which all rights of appeal 45,677
have expired or been exhausted. 45,678
Not later than ninety days after an audit's completion, the 45,680
department shall provide the contractor a copy of a report of the 45,681
audit. The report shall state the findings of the audit, 45,682
including the amount of any money the contractor is determined to 45,683
owe the state. 45,684
Until two years after the effective date of this section, a 45,686
contractor may request that the department conduct an 45,687
adjudication hearing concerning an audit report that states the 45,688
contractor owes the state money. The contractor shall specify in 45,689
his THE request the audit findings he THE CONTRACTOR contests. 45,691
At the contractor's request, the department shall conduct an 45,692
adjudication hearing in accordance with Chapter 119. of the 45,693
Revised Code. If a hearing officer rules in the department's 45,694
favor on each audit finding that the contractor contests, the 45,695
department may request the hearing officer to determine whether 45,696
the request for the adjudication hearing was frivolous. If the 45,697
hearing officer determines the request was frivolous, the 45,698
contractor shall, notwithstanding section 119.09 of the Revised 45,699
Code, pay the fees and expenses charged or incurred by the 45,700
hearing officer and court reporter in conducting the adjudication 45,701
hearing.
No contractor may request an adjudication hearing two years 45,703
after the effective date of this section. An adjudication 45,704
hearing requested before two years after the effective date of 45,705
this section may proceed after the date that is two years after 45,706
the effective date of this section. 45,707
(Q) The department shall adopt rules specifying the amount 45,709
that will be allowed under a reconciliation or audit for the cost 45,710
incurred by a contractor for compensation of owners, 45,711
1026
administrators, and other personnel. The rules shall be adopted 45,712
in accordance with Chapter 119. of the Revised Code. 45,713
(R) Each contractor shall, for at least seven years, 45,715
maintain fiscal records related to payments received pursuant to 45,716
this section. 45,717
(S) The department may enter into shared funding 45,719
agreements with other government agencies to fund contracts 45,720
entered into under this section. The amount of each agency's 45,721
share of the cost shall be determined through negotiations with 45,722
the department. The department's share shall not exceed the 45,723
amount it would have paid without entering into the shared 45,724
funding agreement, nor shall it be reduced by any amounts 45,725
contributed by the other parties to the agreement. 45,726
(T) An EXCEPT AS PROVIDED IN SECTION 5123.194 OF THE 45,728
REVISED CODE, AN individual who receives residential services 45,729
pursuant to this section and his THE INDIVIDUAL'S liable 45,730
relatives or guardians shall pay support charges in accordance 45,732
with Chapter 5121. of the Revised Code. 45,733
(U) The department may make reimbursements or payments for 45,735
any of the following pursuant to rules adopted under this 45,736
division: 45,737
(1) Unanticipated, nonrecurring costs associated with the 45,739
health or habilitation of a person who resides in a home funded 45,740
under a contract provided for in division (B) of this section; 45,741
(2) The cost of staff development training for contractors 45,743
if the director of mental retardation and developmental 45,744
disabilities has given prior approval for the training; 45,745
(3) Fixed costs that the department, pursuant to the 45,747
rules, determines relate to the continued operation of a home 45,748
funded under a contract provided for in division (B) of this 45,749
section when a short term vacancy occurs and the contractor has 45,750
diligently attempted to fill the vacancy. 45,751
The department shall adopt rules in accordance with Chapter 45,753
119. of the Revised Code establishing standards for use in 45,754
1027
determining which costs it may make payment or reimbursements for 45,755
under this division. 45,756
(V) In addition to the rules required or authorized to be 45,758
adopted under this section, the department may adopt any other 45,759
rules necessary to implement this section. The rules shall be 45,760
adopted in accordance with Chapter 119. of the Revised Code. 45,761
(W) THE DEPARTMENT MAY DELEGATE TO COUNTY BOARDS OF MENTAL 45,764
RETARDATION AND DEVELOPMENTAL DISABILITIES ITS AUTHORITY UNDER
THIS SECTION TO NEGOTIATE AND ENTER INTO CONTRACTS OR 45,766
SUBCONTRACTS FOR RESIDENTIAL SERVICES. IN THE EVENT THAT IT 45,768
ELECTS TO DELEGATE ITS AUTHORITY, THE DEPARTMENT SHALL ADOPT 45,769
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 45,772
BOARDS' ADMINISTRATION OF THE CONTRACTS OR SUBCONTRACTS. IN
ADMINISTERING THE CONTRACTS OR SUBCONTRACTS, THE BOARDS SHALL BE 45,773
SUBJECT TO ALL APPLICABLE PROVISIONS OF CHAPTER 5126. OF THE 45,776
REVISED CODE AND SHALL NOT BE SUBJECT TO THE PROVISIONS OF 45,777
DIVISIONS (A) TO (V) OF THIS SECTION. 45,779
Sec. 5123.19. (A) As used in this section, section AND IN 45,788
SECTIONS 5123.191, 5123.194, and section 5123.20 of the Revised 45,790
Code:
(1) "Residential facility" means a home or facility in 45,792
which a mentally retarded or developmentally disabled person 45,793
resides, except the home of a relative or legal guardian in which 45,794
a mentally retarded or developmentally disabled person resides, a 45,795
respite care home certified under section 5126.05 of the Revised 45,796
Code, a county home or district home operated pursuant to Chapter 45,797
5155. of the Revised Code, or a dwelling in which the only 45,798
mentally retarded or developmentally disabled residents are in an 45,799
independent living arrangement or are being provided supported 45,800
living. 45,801
(2) "Family home" means a residential facility that 45,803
provides room and board, personal care, habilitation services, 45,804
and supervision in a family setting for at least six but not more 45,805
than eight mentally retarded or developmentally disabled persons. 45,806
1028
(3) "Group home" means a residential facility that 45,808
provides room and board, personal care, habilitation services, 45,809
and supervision in a family setting for at least nine but not 45,810
more than sixteen mentally retarded or developmentally disabled 45,811
persons. 45,812
(4) "Political subdivision" means a municipal corporation, 45,814
county, or township. 45,815
(5) "Foster family home" means a residential facility that 45,817
provides room and board, personal care, habilitation services, 45,818
and supervision in a family setting for not more than five 45,819
mentally retarded or developmentally disabled persons. 45,820
(6) "Semi-independent living home" means a residential 45,822
facility for a mentally retarded or developmentally disabled 45,823
person where, according to his THE PERSON'S individual 45,824
habilitation plan, he THE PERSON demonstrates skills that would 45,825
enable him THE PERSON to function for specified periods of time 45,827
without supervision. Such skills include, but are not limited 45,828
to, home management, community mobility, personal hygiene, 45,829
interpersonal relationship skills, and self-preservation. 45,830
(7) "Independent living arrangement" means an arrangement 45,832
in which a mentally retarded or developmentally disabled person 45,833
resides in an individualized setting chosen by him THE PERSON or 45,834
his THE PERSON'S guardian, which is not dedicated principally to 45,836
the provision of residential services for mentally retarded or 45,837
developmentally disabled persons, and for which no financial 45,838
support is received for rendering such service from any 45,839
governmental agency by a provider of residential services. 45,840
(8) "Supported living" has the same meaning as in section 45,842
5126.01 of the Revised Code. 45,843
(9) "Licensee" means the person or government agency that 45,845
has applied for a license to operate a residential facility and 45,846
to which the license was issued under this section. 45,847
(B) Every person or government agency desiring to operate 45,849
a residential facility shall apply for licensure of the facility 45,850
1029
to the director of mental retardation and developmental 45,851
disabilities unless the residential facility is subject to 45,852
section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised 45,853
Code. Notwithstanding Chapter 3721. of the Revised Code, a 45,854
nursing home that is certified as an intermediate care facility 45,855
for the mentally retarded under Title XIX of the "Social Security 45,856
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, shall 45,857
apply for licensure of the portion of the home that is certified 45,858
as an intermediate care facility for the mentally retarded. 45,859
(C) The director of mental retardation and developmental 45,861
disabilities shall license and inspect the operation of 45,862
residential facilities. The director may deny or revoke such 45,863
licenses. 45,864
Except as provided in divisions (G) and (O) of this 45,866
section, a license is valid until it is revoked or voluntarily 45,867
surrendered. Appeals from proceedings initiated to deny 45,868
applications for licenses or to revoke licenses shall be 45,869
conducted in accordance with Chapter 119. of the Revised Code. 45,870
In accordance with Chapter 119. of the Revised Code, the 45,872
director shall adopt and may amend and rescind rules for 45,873
licensing and regulating the operation of residential facilities. 45,874
The rules shall establish the following: 45,875
(1) Procedures for issuing, denying, and revoking 45,877
licenses; 45,878
(2) Fees for issuing licenses; 45,880
(3) Procedures for the inspection of residential 45,882
facilities; 45,883
(4) Requirements for the training of residential facility 45,885
personnel; 45,886
(5) Classifications for the various types of residential 45,888
facilities; 45,889
(6) Certification procedures for licensees and management 45,891
contractors that the director determines are necessary to ensure 45,892
that they have the skills and qualifications to properly operate 45,893
1030
or manage residential facilities; 45,894
(7) The maximum number of persons who may be served in a 45,896
particular type of residential facility; 45,897
(8) Uniform procedures for admission of persons to and 45,899
transfers and discharges of persons from residential facilities; 45,900
(9) Other standards for the operation of residential 45,902
facilities and the services provided at residential facilities; 45,903
(10) Procedures for waiving any provision of any rule 45,905
adopted under this section. 45,906
(D) Before issuing a license, the director of the 45,908
department or his THE DIRECTOR'S designee shall conduct an 45,909
inspection of the residential facility for which application is 45,911
made. The director or his THE DIRECTOR'S designee shall conduct 45,912
an inspection of each licensed residential facility at least once 45,914
each year and may conduct additional inspections as needed. An 45,915
inspection includes but is not limited to an on-site examination 45,916
and evaluation of the residential facility, its personnel, and 45,917
the services provided there. 45,918
In conducting inspections, the director or his THE 45,920
DIRECTOR'S designee shall be given access to the residential 45,922
facility; all records, accounts, and any other documents related 45,923
to the operation of the facility; the licensee; the residents of 45,924
the facility; and all persons acting on behalf of, under the 45,925
control of, or in connection with the licensee. The licensee and 45,926
all persons on behalf of, under the control of, or in connection 45,927
with the licensee shall cooperate with the director or his THE 45,928
DIRECTOR'S designee in conducting the inspection. 45,930
Following each inspection, unless the director initiates a 45,932
license revocation proceeding, the director or his THE DIRECTOR'S 45,934
designee shall provide the licensee with a report listing any 45,935
deficiencies, specifying a timetable within which the licensee 45,936
shall submit a plan of correction describing how the deficiencies 45,937
will be corrected, and, when appropriate, specifying a timetable 45,938
within which the licensee must correct the deficiencies. After a 45,939
1031
plan of correction is submitted, the director or his THE 45,940
DIRECTOR'S designee shall approve or disapprove the plan. A copy 45,942
of the report and any approved plan of correction shall be 45,943
provided to any person who requests it. 45,944
If it is determined that a residential facility is not 45,946
being operated in compliance with this chapter or the rules 45,947
adopted under it, the director may take such steps as are 45,948
necessary, including, but not limited to, suspension of 45,949
admissions to the residential facility, placement of a monitor at 45,950
the residential facility, and the initiation of license 45,951
revocation proceedings. 45,952
When the director initiates license revocation proceedings, 45,954
no opportunity for submitting a plan of correction shall be 45,955
given. The director shall notify the licensee by letter of the 45,956
initiation of such proceedings. The letter shall list the 45,957
deficiencies of the residential facility and inform the licensee 45,958
that no plan of correction will be accepted. The director shall 45,959
also notify each affected resident, the resident's guardian if 45,960
the resident is an adult for whom a guardian has been appointed, 45,961
the resident's parent or guardian if the resident is a minor, and 45,962
the county board of mental retardation and developmental 45,963
disabilities. 45,964
Pursuant to rules which he shall adopt BE ADOPTED in 45,966
accordance with Chapter 119. of the Revised Code, the director 45,968
may order the immediate removal of residents from a residential 45,969
facility whenever conditions at the facility present an immediate 45,970
danger of physical or psychological harm to the residents. 45,971
In determining whether a residential facility is being 45,973
operated in compliance with this chapter or the rules adopted 45,974
under it, or whether conditions at a residential facility present 45,975
an immediate danger of physical or psychological harm to the 45,976
residents, the director may rely on information obtained by a 45,977
county board of mental retardation and developmental disabilities 45,978
or other governmental agencies in the course of investigating 45,979
1032
major unusual incidents. The director shall adopt rules in 45,980
accordance with Chapter 119. of the Revised Code that specify 45,981
what constitute "major unusual incidents." 45,982
The director shall suspend without pay for a period of at 45,984
least three days any department employee who notifies or causes 45,985
the notification to any unauthorized person of an unannounced 45,986
inspection of a residential facility by an authorized 45,987
representative of the department. 45,988
(E) In proceedings initiated to deny or revoke licenses 45,990
under this section, the director may deny or revoke a license 45,991
regardless of whether some or all of the deficiencies that 45,992
prompted the proceedings have been corrected at the time of the 45,993
hearing. 45,994
(F) In addition to any other information which may be 45,996
required of applicants for a license pursuant to this section, 45,997
the director shall require each applicant to provide a copy of an 45,998
approved plan for a proposed residential facility pursuant to 45,999
section 5123.042 of the Revised Code. 46,000
(G) Pursuant to rules which he shall adopt BE ADOPTED in 46,002
accordance with Chapter 119. of the Revised Code, the director 46,004
may require notification to the department of any significant 46,005
change in the ownership of a residential facility or in the 46,006
identity of the licensee or management contractor. When such 46,007
notification is not given, the director may cancel the 46,008
residential facility's license. If the director determines that 46,009
a significant change of ownership is proposed, he THE DIRECTOR 46,010
shall consider the proposed change to be an application for 46,012
development by a new operator pursuant to section 5123.042 of the 46,013
Revised Code and shall advise the applicant within sixty days of 46,014
such notification that the current license shall continue in 46,015
effect or a new license will be required pursuant to this 46,016
section.
(H) A county board of mental retardation and developmental 46,018
disabilities, the legal rights service, and any interested person 46,019
1033
may file complaints alleging violations of statute or department 46,020
rule relating to residential facilities with the department. All 46,021
complaints shall be in writing and shall state the facts 46,022
constituting the basis of the allegation. The department shall 46,023
not reveal the source of any complaint unless the complainant 46,024
agrees in writing to waive the right to confidentiality or until 46,025
so ordered by a court of competent jurisdiction. 46,026
The department shall acknowledge receipt of the complaint 46,028
and notify the complainant of the action that will be taken with 46,029
respect to it within five working days of receiving it. 46,030
The substance of a complaint shall not be provided to a 46,032
licensee until the commencement of an inspection or 46,033
investigation. 46,034
(I) The department shall establish procedures for the 46,036
notification of interested parties of the transfer or interim 46,037
care of residents from residential facilities that are closing or 46,038
are losing their license. 46,039
(J) Before issuing a license under this section to a 46,041
residential facility that will accommodate at any time more than 46,042
one mentally retarded or developmentally disabled individual, the 46,043
director shall, by first class mail, notify the following: 46,044
(1) If the facility will be located in a municipal 46,046
corporation, the clerk of the legislative authority of the 46,047
municipal corporation; 46,048
(2) If the facility will be located in unincorporated 46,050
territory, the clerk of the appropriate board of county 46,051
commissioners and the clerk of the appropriate board of township 46,052
trustees. 46,053
The director shall not issue the license for ten days after 46,055
mailing the notice, excluding Saturdays, Sundays, and legal 46,056
holidays, in order to give the notified local officials time in 46,057
which to comment on the proposed issuance. 46,058
Any legislative authority of a municipal corporation, board 46,060
of county commissioners, or board of township trustees that 46,061
1034
receives notice under this division of the proposed issuance of a 46,062
license for a residential facility may comment on it in writing 46,063
to the director within ten days after the director mailed the 46,064
notice, excluding Saturdays, Sundays, and legal holidays. If the 46,065
director receives written comments from any notified officials 46,066
within the specified time, he THE DIRECTOR shall make written 46,067
findings concerning the comments and his THE DIRECTOR'S decision 46,069
on the issuance of the license. If the director does not receive 46,071
written comments from any notified local officials within the 46,072
specified time, he THE DIRECTOR shall continue the process for 46,074
issuance of the license.
(K) Any person may operate a licensed family home as a 46,076
permitted use in any residential district or zone, including any 46,077
single-family residential district or zone, of any political 46,078
subdivision. Family homes may be required to comply with area, 46,079
height, yard, and architectural compatibility requirements that 46,080
are uniformly imposed upon all single-family residences within 46,081
the district or zone. 46,082
(L) Any person may operate a licensed group home as a 46,084
permitted use in any multiple-family residential district or zone 46,085
of any political subdivision, except that a political subdivision 46,086
that has enacted a zoning ordinance or resolution establishing 46,087
planned unit development districts may exclude group homes from 46,088
such districts, and a political subdivision that has enacted a 46,089
zoning ordinance or resolution may regulate group homes in 46,090
multiple-family residential districts or zones as a conditionally 46,091
permitted use or special exception, in either case, under 46,092
reasonable and specific standards and conditions set out in the 46,093
zoning ordinance or resolution to: 46,094
(1) Require the architectural design and site layout of 46,096
the home and the location, nature, and height of any walls, 46,097
screens, and fences to be compatible with adjoining land uses and 46,098
the residential character of the neighborhood; 46,099
(2) Require compliance with yard, parking, and sign 46,101
1035
regulation; 46,102
(3) Limit excessive concentration of homes. 46,104
(M) This section does not prohibit a political subdivision 46,106
from applying to residential facilities nondiscriminatory 46,107
regulations requiring compliance with health, fire, and safety 46,108
regulations and building standards and regulations. 46,109
(N) Divisions (K) and (L) of this section are not 46,111
applicable to municipal corporations that had in effect on June 46,112
15, 1977, an ordinance specifically permitting in residential 46,113
zones licensed residential facilities by means of permitted uses, 46,114
conditional uses, or special exception, so long as such ordinance 46,115
remains in effect without any substantive modification. 46,116
(O) The director may issue an interim license to operate a 46,118
residential facility to an applicant for a license under this 46,119
section if all of the following conditions are met: 46,120
(1) The director determines that an emergency exists that 46,122
requires immediate placement of persons in a residential 46,123
facility, and insufficient licensed beds are available. 46,124
(2) The residential facility meets standards in rules for 46,126
interim licenses that the director shall adopt in accordance with 46,127
Chapter 119. of the Revised Code. 46,128
(3) The director determines that the residential facility 46,130
is likely to receive a license under this section within thirty 46,131
days after issuance of the interim license. 46,132
An interim license shall be valid for thirty days and may 46,134
be renewed by the director no more than twice. 46,135
(P) Notwithstanding rules adopted pursuant to this section 46,137
establishing the maximum number of persons who may be served in a 46,138
particular type of residential facility, a residential facility 46,139
shall be permitted to serve the same number of persons being 46,140
served by the facility on the effective date of such rules or the 46,141
number of persons for which the facility is authorized pursuant 46,142
to a current application for a certificate of need with a letter 46,143
of support from the department of mental retardation and 46,144
1036
developmental disabilities and which is in the review process 46,145
prior to April 4, 1986. 46,146
(Q) The director or his THE DIRECTOR'S designee may enter 46,148
at any time, for purposes of investigation, any home, facility, 46,150
or other structure that has been reported to the director or that 46,151
the director has reasonable cause to believe is being operated as 46,152
a residential facility without a license issued under this 46,153
section.
The director may petition the court of common pleas of the 46,155
county in which an unlicensed residential facility is located for 46,156
an order enjoining the person or governmental agency operating 46,157
the facility from continuing to operate without a license. The 46,158
court may grant the injunction on a showing that the person or 46,159
governmental agency named in the petition is operating a 46,160
residential facility without a license. The court may grant the 46,161
injunction, regardless of whether the residential facility meets 46,162
the requirements for receiving a license under this section. 46,163
Sec. 5123.194. IN THE CASE OF AN INDIVIDUAL WHO RESIDES IN 46,165
A RESIDENTIAL FACILITY AND IS PREPARING TO MOVE INTO AN 46,166
INDEPENDENT LIVING ARRANGEMENT AND THE INDIVIDUAL'S LIABLE 46,167
RELATIVE, THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 46,168
DISABILITIES MAY WAIVE THE SUPPORT COLLECTION REQUIREMENTS OF
SECTIONS 5121.04, 5123.122, AND 5123.18 OF THE REVISED CODE FOR 46,169
THE PURPOSE OF ALLOWING INCOME OR RESOURCES TO BE USED TO ACQUIRE 46,170
ITEMS NECESSARY FOR INDEPENDENT LIVING. THE DEPARTMENT SHALL 46,171
ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE 46,172
TO IMPLEMENT THIS SECTION, INCLUDING RULES THAT ESTABLISH THE
METHOD THE DEPARTMENT SHALL USE TO DETERMINE WHEN AN INDIVIDUAL 46,173
IS PREPARING TO MOVE INTO AN INDEPENDENT LIVING ARRANGEMENT. 46,174
Sec. 5123.34. This chapter attempts TO DO ALL OF THE 46,183
FOLLOWING:
(A) To provide PROVIDE humane and scientific treatment and 46,185
care and the highest attainable degree of individual development 46,186
for mentally retarded or developmentally disabled persons; 46,187
1037
(B) To promote PROMOTE the study of the causes of mental 46,189
retardation and developmental disabilities, with a view to 46,190
ultimate prevention; 46,191
(C) To secure SECURE by uniform and systematic management 46,193
the highest attainable degree of economy in the administration of 46,194
the institutions under the control of the department of mental 46,195
retardation and developmental disabilities. 46,196
Sections 5123.02 to 5123.04, 5123.041 to 5123.043, 5123.06, 46,198
5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 OF THE REVISED 46,199
CODE shall be liberally construed to attain such purposes. 46,200
Sec. 5126.022. Each county board of mental retardation and 46,209
developmental disabilities shall hold an organizational meeting 46,210
no later than the thirty-first day of January of each year and 46,211
shall elect its officers, which shall include a president, 46,212
vice-president, and recording secretary. After its annual 46,213
organizational meeting, the board shall meet in such manner and 46,214
at such times as prescribed by rules adopted by the board, but 46,215
the board shall meet at least ten times annually in regularly 46,216
scheduled sessions in accordance with section 121.22 of the 46,217
Revised Code, not including in-service training sessions. A 46,218
majority of the board constitutes a quorum. The board shall 46,219
adopt rules for the conduct of its business and a record shall be 46,220
kept of board proceedings, which shall be open for public 46,221
inspection. 46,222
A board member shall be removed from the board by the 46,224
appointing authority for neglect of duty, misconduct, 46,225
malfeasance, failure to attend at least one in-service training 46,226
session each year, a violation of division (B) of section 46,228
5126.021 of the Revised Code, or upon the absence of a member 46,229
within one year from either four regularly scheduled board
meetings or from two regularly scheduled board meetings if the 46,230
member gave no prior notice of the member's absence. This 46,231
removal provision does not apply to absences from special 46,232
meetings or work sessions. The board shall supply the board 46,233
1038
member and the member's appointing authority with written notice 46,234
of the charges against the member. The appointing authority 46,235
shall afford the member an opportunity for a hearing, in 46,236
accordance with procedures it adopts, and shall, upon determining 46,237
that the charges are accurate, remove the member and appoint 46,238
another person to complete the member's term. 46,239
A member removed from the board is ineligible for 46,241
reappointment for not less than one year. When a member is 46,242
removed, the appointing authority shall specify the time during 46,243
which the member is ineligible for reappointment. If the member 46,244
is removed for failing to attend in-service training, the board
also shall specify the training the member must complete prior to 46,245
being eligible for reappointment. 46,246
Sec. 5126.08. (A) The director of mental retardation and 46,255
developmental disabilities shall adopt rules in accordance with 46,256
Chapter 119. of the Revised Code for all PROGRAMS AND services 46,257
provided OFFERED by a county board of mental retardation and 46,258
developmental disabilities. Such rules shall include, but are 46,260
not limited to, the following: 46,261
(1) Determination of what constitutes a program or 46,263
service; 46,264
(2) Procedures for approval of all forms used in the 46,266
operation of programs and services STANDARDS TO BE FOLLOWED BY A 46,267
BOARD IN ADMINISTERING, PROVIDING, ARRANGING, OR OPERATING 46,268
PROGRAMS AND SERVICES; 46,269
(3) Standards for determining the nature and degree of 46,271
mental retardation, including mild mental retardation, or 46,272
developmental disability; 46,273
(4) Standards for determining eligibility for programs and 46,276
services other than case management services UNDER SECTIONS 46,277
5126.042 AND 5126.15 OF THE REVISED CODE;
(5) Procedures for obtaining consent for the arrangement 46,279
of services under section 5126.31 of the Revised Code and for 46,280
obtaining signatures on individual service plans under that 46,281
1039
section; 46,282
(6) Specification of the case management services to be 46,284
provided by a county board, standards for determining eligibility 46,286
for case management services, and standards for resolving 46,287
grievances in connection with case management services. 46,288
(B) The director shall be the final authority in 46,290
determining the nature and degree of mental retardation or 46,291
developmental disability. 46,292
(C)(1) In addition to the rules adopted under division (A) 46,294
of this section, the director shall adopt rules in accordance 46,296
with Chapter 119. of the Revised Code establishing standards for 46,297
promoting and advancing the quality of life of individuals with 46,299
mental retardation and developmental disabilities receiving any 46,300
of the following:
(a) Early childhood services pursuant to section 5126.05 46,302
of the Revised Code for children under age three; 46,303
(b) Adult services pursuant to section 5126.05 and 46,305
division (B) of section 5126.051 of the Revised Code for 46,306
individuals age sixteen or older; 46,307
(c) Family support services pursuant to section 5126.11 of 46,310
the Revised Code.
(2) The rules adopted under this division shall specify 46,312
the actions county boards and agencies with which they contract 46,313
should take to do the following: 46,314
(a) Offer individuals with mental retardation or other 46,317
developmental disabilities, and their families when appropriate,
choices in programs and services that are centered on the needs 46,319
and desires of those individuals; 46,320
(b) Maintain infants with their families whenever possible 46,323
by collaborating with other agencies that provide services to 46,324
infants and their families and taking other appropriate actions;
(c) Provide families with children with mental retardation 46,326
or other developmental disabilities under age eighteen residing 46,327
in their homes the resources necessary to allow the children to 46,328
1040
remain in their homes; 46,329
(d) Create and implement community employment services 46,331
based on the needs and desires of adults with mental retardation 46,332
or other developmental disabilities; 46,333
(e) Create in collaboration with other agencies 46,335
transportation systems that provide safe and accessible 46,336
transportation within the county to individuals with 46,337
disabilities;
(f) Provide services that allow individuals with 46,339
disabilities to be integrated into the community by engaging in 46,340
educational, vocational, and recreational activities with 46,341
individuals who are not handicapped; 46,342
(g) Provide age-appropriate retirement services for 46,344
individuals age sixty-five and older with mental retardation or 46,346
other developmental disabilities. 46,347
(3) To assist in funding programs and services provided in 46,350
accordance with the standards established under this division, 46,351
each county board of mental retardation and developmental 46,352
disabilities shall make a good faith effort to acquire available 46,353
federal funds, including reimbursements under Title XIX of the 46,354
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 46,355
amended.
(4) Each county board shall work toward full compliance 46,357
with the standards established under this division, based on its 46,358
available resources. Funds received under section 5126.12 and 46,359
5126.18 of the Revised Code shall be used to comply with the 46,360
standards.
Annually, each county board shall submit a report to the 46,362
department of mental retardation and developmental disabilities 46,363
regarding the board's progress in complying fully with the 46,365
standards. No later than the thirtieth day of June of each 46,366
odd-numbered year, the department shall complete a program 46,367
quality review of each county board to determine the extent to 46,368
which the board has complied with the standards. Notwithstanding 46,369
1041
any provision of the Revised Code requiring the department to 46,370
distribute funds to a county board, the department may withhold 46,371
funds from a county board if it finds that the board is not in 46,372
substantial compliance with the standards established under 46,373
division (C) of this section.
(5) If the director of mental retardation and 46,375
developmental disabilities determines that the standards for 46,376
accreditation from the commission on accreditation of 46,377
rehabilitation facilities, or another accrediting agency, meet or 46,380
exceed the standards established under this division, the 46,381
director shall accept accreditation from the commission or other 46,382
agency as evidence that the county board is in compliance with 46,383
the standards established under this division with regard to 46,384
services it provides or arranges through the accredited program. 46,385
Such services are exempt from the program quality reviews 46,386
required by this division. 46,387
Sec. 5126.081. (A) IN ADDITION TO THE RULES ADOPTED UNDER 46,390
DIVISION (A)(2) OF SECTION 5126.08 OF THE REVISED CODE 46,393
ESTABLISHING STANDARDS FOR THE ADMINISTRATION, PROVISION, 46,394
ARRANGEMENT, AND OPERATION OF PROGRAMS AND SERVICES BY COUNTY 46,395
BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, THE 46,396
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 46,397
SHALL ESTABLISH A SYSTEM OF ACCREDITATION FOR COUNTY BOARDS OF 46,398
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO ENSURE THAT 46,399
THE BOARDS ARE IN COMPLIANCE WITH FEDERAL AND STATE STATUTES AND 46,400
RULES. THE DEPARTMENT SHALL ESTABLISH UNIFORM STANDARDS FOR THE 46,401
ACCREDITATION SYSTEM IN RULES THAT SHALL BE ADOPTED IN ACCORDANCE 46,403
WITH CHAPTER 119. OF THE REVISED CODE. THE RULES SHALL INCLUDE 46,404
APPROPRIATE TIMELINES FOR COMPLIANCE WHEN A BOARD IS FOUND TO BE 46,405
NOT IN COMPLIANCE AND APPROPRIATE ACTIONS TO BE TAKEN BY BOARDS 46,406
IN COMPLYING WITH THE ACCREDITATION STANDARDS. 46,407
(B) PRIOR TO ACCREDITING A BOARD, THE DEPARTMENT SHALL 46,410
CONDUCT A COMPREHENSIVE, ON-SITE REVIEW OF THE BOARD. DURING THE 46,411
REVIEW, THE DEPARTMENT SHALL DOCUMENT THE BOARD'S COMPLIANCE WITH 46,412
1042
THE DEPARTMENT'S ACCREDITATION STANDARDS. AFTER COMPLETING THE 46,413
REVIEW, THE DEPARTMENT SHALL CONDUCT AN EXIT CONFERENCE WITH THE 46,414
PRESIDENT OF THE BOARD, THE SUPERINTENDENT OF THE BOARD, AND ANY 46,415
OTHER OFFICIALS THE BOARD ASKS TO HAVE PRESENT. THE DEPARTMENT 46,416
SHALL DISCUSS ITS FINDINGS FROM THE REVIEW WITH THE BOARD'S 46,417
REPRESENTATIVES AND PROVIDE A WRITTEN REPORT OF ITS FINDINGS NOT 46,418
LATER THAN THIRTY DAYS FOLLOWING THE EXIT CONFERENCE. IF THE 46,419
DEPARTMENT FINDS THAT THE BOARD IS IN COMPLIANCE WITH THE 46,420
STANDARDS FOR ACCREDITATION, THE DEPARTMENT SHALL ISSUE EVIDENCE 46,421
OF ACCREDITATION TO THE BOARD. 46,422
ACCREDITATION MAY BE GRANTED FOR PERIODS OF UP TO FIVE 46,424
YEARS AND MAY BE RENEWED. NOT LESS THAN ONCE PRIOR TO THE DATE A 46,426
BOARD'S ACCREDITATION IS SCHEDULED TO EXPIRE, THE DEPARTMENT
SHALL CONDUCT A COMPREHENSIVE, ON-SITE REVIEW OF THE BOARD. 46,428
EACH BOARD SHALL CONDUCT AN ANNUAL AUDIT OF ITSELF TO 46,430
EVALUATE ITS COMPLIANCE WITH THE STANDARDS FOR ACCREDITATION. 46,431
THE DEPARTMENT MAY CONDUCT AN INTERIM REVIEW OF ANY NEW PROGRAM 46,432
OR SERVICE INITIATED BY A BOARD AFTER ITS LAST COMPREHENSIVE 46,433
REVIEW. THE DEPARTMENT MAY CONDUCT OTHER REVIEWS AND 46,434
INVESTIGATIONS AS NECESSARY TO ENFORCE THIS SECTION. 46,435
(C) IF THE DEPARTMENT DETERMINES THROUGH ITS REVIEW OF A 46,438
BOARD THAT THE BOARD IS NOT IN COMPLIANCE WITH THE STANDARDS FOR 46,439
ACCREDITATION, THE DEPARTMENT SHALL, EXCEPT AS PROVIDED IN 46,440
DIVISION (F) OF THIS SECTION, GRANT THE BOARD AN OPPORTUNITY TO 46,442
CORRECT THE MATTERS IN WHICH IT IS NOT IN COMPLIANCE. THE 46,443
DEPARTMENT SHALL GRANT THE BOARD AN APPROPRIATE LENGTH OF TIME TO 46,444
COMPLY WITH THE STANDARDS PRIOR TO TAKING ANY ACTION TO DENY 46,445
ACCREDITATION TO THE BOARD. TO AVOID DENIAL OF ACCREDITATION, 46,446
THE BOARD SUPERINTENDENT SHALL PREPARE A PLAN OF CORRECTION TO 46,447
REMEDIATE THE MATTERS SPECIFIED IN THE DEPARTMENT'S WRITTEN 46,448
REPORT AS NOT BEING IN COMPLIANCE WITH THE STANDARDS FOR 46,449
ACCREDITATION. THE SUPERINTENDENT SHALL SUBMIT THE PLAN TO THE 46,450
BOARD FOR REVIEW AND THE BOARD SHALL REVIEW THE PLAN. IF THE 46,451
BOARD BELIEVES THAT THE PLAN IS SUFFICIENT TO CORRECT THE 46,452
1043
MATTERS, THE BOARD SHALL APPROVE THE PLAN BY RESOLUTION AND 46,453
SUBMIT THE PLAN TO THE DEPARTMENT FOR ITS REVIEW. THE DEPARTMENT 46,454
SHALL REVIEW THE PLAN OF CORRECTION. IF THE DEPARTMENT APPROVES 46,455
THE PLAN, THE BOARD SHALL COMMENCE ACTION TO IMPLEMENT THE PLAN. 46,456
THE DEPARTMENT SHALL, AS NECESSARY, CONDUCT FOLLOW-UP REVIEWS OF 46,457
THE BOARD TO DETERMINE WHETHER IT HAS MET THE STANDARDS FOR 46,458
ACCREDITATION. IF THE PLAN OF CORRECTION SUBMITTED BY A BOARD IS 46,459
DISAPPROVED, THE DEPARTMENT SHALL INFORM THE BOARD OF THE REASONS 46,460
FOR DISAPPROVAL AND MAY GRANT THE BOARD AN OPPORTUNITY TO SUBMIT 46,461
A REVISED PLAN OF CORRECTION.
A BOARD MAY REQUEST TECHNICAL ASSISTANCE FROM THE 46,463
DEPARTMENT, OTHER BOARDS, OR PROFESSIONAL ORGANIZATIONS IN 46,464
PREPARING PLANS OF CORRECTION AND IN IMPLEMENTING PLANS OF 46,465
CORRECTION. 46,466
(D) IF, AFTER BEING GIVEN THE OPPORTUNITY TO IMPLEMENT A 46,469
PLAN OF CORRECTION, A BOARD CONTINUES TO FAIL TO MEET THE 46,470
STANDARDS FOR ACCREDITATION, THE DEPARTMENT SHALL ISSUE AN ORDER 46,471
DENYING ACCREDITATION TO THE BOARD. THE DEPARTMENT MAY DENY 46,472
ACCREDITATION TO THE BOARD FOR ALL OR PART OF THE PROGRAMS OR 46,473
SERVICES OFFERED BY THE BOARD. 46,474
THE DEPARTMENT SHALL SIMULTANEOUSLY NOTIFY ALL OF THE 46,476
FOLLOWING OFFICIALS IN THE COUNTY: THE MEMBERS OF THE BOARD OF 46,477
COUNTY COMMISSIONERS, THE PROBATE JUDGE, THE COUNTY AUDITOR, AND 46,478
THE PRESIDENT AND SUPERINTENDENT OF THE COUNTY BOARD OF MENTAL 46,479
RETARDATION AND DEVELOPMENTAL DISABILITIES. THE NOTICE SHALL 46,480
IDENTIFY THE PROGRAMS AND SERVICES THAT HAVE BEEN DENIED 46,481
ACCREDITATION, THE MATTERS IN WHICH THE BOARD IS NOT IN 46,482
COMPLIANCE WITH THE STANDARDS FOR ACCREDITATION, AND THE 46,483
RESPONSIBILITIES OF THE COUNTY OFFICIALS TO CONTRACT UNDER 46,484
DIVISION (E)(1) OF THIS SECTION TO HAVE THE PROGRAMS AND SERVICES 46,486
ADMINISTERED BY ANOTHER PARTY OR BECOME SUBJECT TO ADMINISTRATIVE 46,487
RECEIVERSHIP UNDER DIVISION (E)(2) OF THIS SECTION. 46,488
A BOARD THAT HAS BEEN DENIED ACCREDITATION IS NOT ELIGIBLE 46,490
TO RECEIVE, FOR THE PROGRAMS AND SERVICES THAT ARE THE SUBJECT OF 46,492
1044
THE DENIED ACCREDITATION, ANY STATE OR FEDERAL FUNDS IN AN AMOUNT 46,493
THAT EXCEEDS THE AMOUNT THE BOARD RECEIVED FOR THE PROGRAMS AND 46,494
SERVICES IMMEDIATELY PRIOR TO THE DATE ON WHICH THE DEPARTMENT 46,495
DETERMINED THAT THE BOARD DOES NOT MEET THE STANDARDS FOR 46,496
ACCREDITATION.
(E)(1) WHEN A BOARD IS DENIED ACCREDITATION, THE 46,499
DEPARTMENT SHALL FIRST GIVE THE BOARD THE OPTION OF CONTRACTING 46,500
TO HAVE THE PROGRAMS AND SERVICES THAT WERE DENIED ACCREDITATION 46,501
ADMINISTERED BY AN ACCREDITED COUNTY BOARD OF MENTAL RETARDATION 46,502
AND DEVELOPMENTAL DISABILITIES OR ANOTHER QUALIFIED ENTITY 46,503
SUBJECT TO THE APPROVAL OF THE DEPARTMENT. THE BOARD MAY 46,504
CONTRACT WITH MORE THAN ONE BOARD THAT HAS BEEN ACCREDITED. WHEN 46,505
A BOARD ENTERS INTO A CONTRACT, THE BOARD SHALL, BY RESOLUTION, 46,506
GIVE THE CONTRACTOR FULL ADMINISTRATIVE AUTHORITY OVER THE 46,507
PROGRAMS AND SERVICES THAT WERE DENIED ACCREDITATION. 46,508
(2) IF A BOARD FAILS TO EXERCISE ITS OPTION OF ENTERING 46,512
INTO A CONTRACT UNDER DIVISION (E)(1) OF THIS SECTION SOONER THAN 46,514
THIRTY DAYS AFTER THE DEPARTMENT DENIES ACCREDITATION, THE
DEPARTMENT SHALL APPOINT AN ADMINISTRATIVE RECEIVER OF THE 46,515
PROGRAMS AND SERVICES THAT WERE DENIED ACCREDITATION. THE 46,516
DEPARTMENT MAY APPOINT EMPLOYEES OF THE DEPARTMENT, MANAGEMENT 46,517
PERSONNEL FROM COUNTY BOARDS OF MENTAL RETARDATION AND 46,518
DEVELOPMENTAL DISABILITIES, OR INDIVIDUALS FROM OTHER ENTITIES AS 46,520
NECESSARY TO MEET ITS NEEDS FOR APPOINTING AN ADMINISTRATIVE
RECEIVER, EXCEPT THAT INDIVIDUALS FROM OTHER ENTITIES MAY BE 46,521
APPOINTED ONLY WHEN QUALIFIED DEPARTMENT EMPLOYEES OR BOARD 46,522
MANAGEMENT PERSONNEL ARE UNAVAILABLE. THE DEPARTMENT MAY NOT 46,523
APPOINT AN INDIVIDUAL WHO IS EMPLOYED BY OR AFFILIATED WITH AN 46,524
ENTITY THAT IS UNDER CONTRACT WITH THE BOARD. THE ADMINISTRATIVE 46,526
RECEIVER SHALL ASSUME FULL ADMINISTRATIVE RESPONSIBILITY FOR THE 46,527
PROGRAMS AND SERVICES THAT WERE DENIED ACCREDITATION. 46,528
(3) THE BOARD OR ENTITY THAT CONTRACTS WITH A BOARD UNDER 46,531
DIVISION (E)(1) OF THIS SECTION, OR THE ADMINISTRATIVE RECEIVER 46,532
APPOINTED UNDER DIVISION (E)(2) OF THIS SECTION, SHALL DEVELOP 46,534
1045
AND IMPLEMENT A PLAN OF CORRECTION TO REMEDIATE THE MATTERS THAT 46,535
CAUSED THE DEPARTMENT TO DENY ACCREDITATION. THE CONTRACTOR OR 46,536
ADMINISTRATIVE RECEIVER SHALL SUBMIT THE PLAN TO THE DEPARTMENT 46,537
AND THE DEPARTMENT SHALL REVIEW THE PLAN. IF THE PLAN IS 46,538
APPROVED BY THE DEPARTMENT, THE CONTRACTOR OR ADMINISTRATIVE 46,539
RECEIVER SHALL COMMENCE ACTION TO IMPLEMENT THE PLAN. THE 46,540
CONTRACTOR OR ADMINISTRATIVE RECEIVER SHALL REPORT TO THE 46,541
DEPARTMENT ANY FINDINGS IT CAN MAKE PERTAINING TO ISSUES OR
CIRCUMSTANCES THAT ARE BEYOND THE CONTROL OF THE BOARD AND RESULT 46,543
IN THE UNLIKELIHOOD THAT COMPLIANCE WITH THE STANDARDS FOR 46,544
ACCREDITATION CAN BE ACHIEVED UNLESS THE ISSUES OR CIRCUMSTANCES 46,545
ARE REMEDIATED.
(4) FOR PURPOSES OF DIVISIONS (E)(1) AND (2) OF THIS 46,548
SECTION, THE DEPARTMENT SHALL REQUIRE THE BOARD THAT HAS BEEN 46,549
DENIED ACCREDITATION TO TRANSFER CONTROL OF STATE AND FEDERAL 46,550
FUNDS IT IS ELIGIBLE TO RECEIVE FOR THE PROGRAMS AND SERVICES 46,551
THAT HAVE BEEN DENIED ACCREDITATION IN AN AMOUNT NECESSARY FOR 46,552
THE CONTRACTOR OR ADMINISTRATIVE RECEIVER TO FULFILL ITS DUTIES 46,553
IN ADMINISTERING THE PROGRAMS AND SERVICES FOR THE BOARD. THE 46,554
TRANSFER OF CONTROL OF FUNDS DOES NOT CAUSE ANY PROGRAMS AND 46,555
SERVICES OF THE BOARD THAT ARE ACCREDITED TO LOSE THEIR 46,556
ACCREDITATION. IF THE BOARD REFUSES TO TRANSFER CONTROL OF 46,557
FUNDS, THE DEPARTMENT MAY WITHHOLD STATE AND FEDERAL FUNDS FROM 46,558
THE BOARD IN AN AMOUNT NECESSARY FOR THE CONTRACTOR OR 46,559
ADMINISTRATIVE RECEIVER TO FULFILL ITS DUTIES. THE AMOUNT 46,560
TRANSFERRED OR WITHHELD FROM A BOARD SHALL INCLUDE REIMBURSEMENTS 46,562
FOR THE PERSONNEL OF THE CONTRACTOR OR ADMINISTRATIVE RECEIVER, 46,563
INCLUDING AMOUNTS FOR TIME WORKED, TRAVEL, AND RELATED EXPENSES. 46,564
A CONTRACTOR OR ADMINISTRATIVE RECEIVER THAT HAS ASSUMED 46,567
THE ADMINISTRATION OF A BOARD'S PROGRAMS AND SERVICES HAS THE 46,568
RIGHT TO AUTHORIZE THE PAYMENT OF BILLS IN THE SAME MANNER THAT A 46,569
BOARD MAY AUTHORIZE PAYMENT OF BILLS UNDER THIS CHAPTER AND 46,570
SECTION 319.16 OF THE REVISED CODE.
(F) WHEN THE DEPARTMENT'S REVIEW OF A BOARD REVEALS 46,573
1046
SERIOUS HEALTH AND SAFETY ISSUES WITHIN THE PROGRAMS AND SERVICES 46,574
OFFERED BY THE BOARD, THE DEPARTMENT SHALL ORDER THE BOARD TO 46,575
CORRECT THE VIOLATIONS IMMEDIATELY OR APPOINT AN ADMINISTRATIVE 46,576
RECEIVER.
(G) AT ANY TIME A BOARD CAN DEMONSTRATE THAT IT IS CAPABLE 46,579
OF ASSUMING ITS DUTIES IN COMPLIANCE WITH THE DEPARTMENT'S 46,580
STANDARDS FOR ACCREDITATION, THE DEPARTMENT SHALL REVERSE ITS 46,581
ORDER DENYING ACCREDITATION AND ISSUE EVIDENCE OF ACCREDITATION 46,582
TO THE BOARD.
A BOARD MAY APPEAL THE DEPARTMENT'S DENIAL OF ACCREDITATION 46,584
OR REFUSAL TO REVERSE A DENIAL OF ACCREDITATION ONLY BY FILING A 46,585
COMPLAINT UNDER SECTION 5123.043 OF THE REVISED CODE. IF IN ITS 46,587
APPEAL THE BOARD CAN DEMONSTRATE THAT IT IS CAPABLE OF ASSUMING 46,588
ITS DUTIES IN COMPLIANCE WITH THE DEPARTMENT'S STANDARDS FOR 46,589
ACCREDITATION, THE DEPARTMENT SHALL REVERSE ITS ORDER DENYING 46,590
ACCREDITATION AND SHALL ISSUE EVIDENCE OF ACCREDITATION TO THE 46,591
BOARD.
(H) ALL NOTICES ISSUED TO A BOARD BY THE DEPARTMENT UNDER 46,594
THIS SECTION SHALL BE DELIVERED TO THE BOARD'S PRESIDENT AND 46,595
SUPERINTENDENT.
(I) A BOARD'S PRESIDENT MAY DESIGNATE ANOTHER MEMBER OF 46,598
THE BOARD AS THE INDIVIDUAL TO BE RESPONSIBLE FOR FULFILLING ALL 46,599
OR PART OF THE PRESIDENT'S RESPONSIBILITIES ESTABLISHED UNDER 46,600
THIS SECTION. 46,601
Sec. 5126.082. (A) IN ADDITION TO THE RULES ADOPTED UNDER 46,604
DIVISION (A)(2) OF SECTION 5126.08 OF THE REVISED CODE 46,606
ESTABLISHING STANDARDS TO BE FOLLOWED BY COUNTY BOARDS OF MENTAL 46,607
RETARDATION AND DEVELOPMENTAL DISABILITIES IN ADMINISTERING, 46,608
PROVIDING, ARRANGING, AND OPERATING PROGRAMS AND SERVICES AND IN 46,609
ADDITION TO THE BOARD ACCREDITATION SYSTEM ESTABLISHED UNDER 46,610
SECTION 5126.081 OF THE REVISED CODE, THE DIRECTOR OF MENTAL 46,612
RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL ADOPT RULES IN 46,613
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE ESTABLISHING 46,615
STANDARDS FOR PROMOTING AND ADVANCING THE QUALITY OF LIFE OF 46,616
1047
INDIVIDUALS WITH MENTAL RETARDATION AND DEVELOPMENTAL 46,617
DISABILITIES RECEIVING ANY OF THE FOLLOWING: 46,618
(1) EARLY CHILDHOOD SERVICES PURSUANT TO SECTION 5126.05 46,620
OF THE REVISED CODE FOR CHILDREN UNDER AGE THREE; 46,623
(2) ADULT SERVICES PURSUANT TO SECTION 5126.05 AND 46,625
DIVISION (B) OF SECTION 5126.051 OF THE REVISED CODE FOR 46,628
INDIVIDUALS AGE SIXTEEN OR OLDER; 46,629
(3) FAMILY SUPPORT SERVICES PURSUANT TO SECTION 5126.11 OF 46,632
THE REVISED CODE. 46,633
(B) THE RULES ADOPTED UNDER THIS SECTION SHALL SPECIFY THE 46,636
ACTIONS COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 46,637
DISABILITIES AND THE AGENCIES WITH WHICH THEY CONTRACT SHOULD 46,638
TAKE TO DO THE FOLLOWING: 46,639
(1) OFFER INDIVIDUALS WITH MENTAL RETARDATION AND 46,641
DEVELOPMENTAL DISABILITIES, AND THEIR FAMILIES WHEN APPROPRIATE, 46,642
CHOICES IN PROGRAMS AND SERVICES THAT ARE CENTERED ON THE NEEDS 46,643
AND DESIRES OF THOSE INDIVIDUALS; 46,644
(2) MAINTAIN INFANTS WITH THEIR FAMILIES WHENEVER POSSIBLE 46,647
BY COLLABORATING WITH OTHER AGENCIES THAT PROVIDE SERVICES TO 46,648
INFANTS AND THEIR FAMILIES AND TAKING OTHER APPROPRIATE ACTIONS; 46,649
(3) PROVIDE FAMILIES THAT HAVE CHILDREN WITH MENTAL 46,651
RETARDATION AND DEVELOPMENTAL DISABILITIES UNDER AGE EIGHTEEN 46,652
RESIDING IN THEIR HOMES THE RESOURCES NECESSARY TO ALLOW THE 46,653
CHILDREN TO REMAIN IN THEIR HOMES; 46,654
(4) CREATE AND IMPLEMENT COMMUNITY EMPLOYMENT SERVICES 46,656
BASED ON THE NEEDS AND DESIRES OF ADULTS WITH MENTAL RETARDATION 46,657
AND DEVELOPMENTAL DISABILITIES; 46,658
(5) CREATE, IN COLLABORATION WITH OTHER AGENCIES, 46,660
TRANSPORTATION SYSTEMS THAT PROVIDE SAFE AND ACCESSIBLE 46,661
TRANSPORTATION WITHIN THE COUNTY TO INDIVIDUALS WITH 46,662
DISABILITIES; 46,663
(6) PROVIDE SERVICES THAT ALLOW INDIVIDUALS WITH 46,665
DISABILITIES TO BE INTEGRATED INTO THE COMMUNITY BY ENGAGING IN 46,666
EDUCATIONAL, VOCATIONAL, AND RECREATIONAL ACTIVITIES WITH 46,667
1048
INDIVIDUALS WHO ARE NOT HANDICAPPED; 46,668
(7) PROVIDE AGE-APPROPRIATE RETIREMENT SERVICES FOR 46,670
INDIVIDUALS AGE SIXTY-FIVE AND OLDER WITH MENTAL RETARDATION AND 46,671
DEVELOPMENTAL DISABILITIES; 46,672
(8) ESTABLISH RESIDENTIAL SERVICES AND SUPPORTED LIVING 46,676
FOR INDIVIDUALS WITH MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES IN ACCORDANCE WITH THEIR NEEDS. 46,677
(C) TO ASSIST IN FUNDING PROGRAMS AND SERVICES THAT MEET 46,680
THE STANDARDS ESTABLISHED UNDER THIS SECTION, EACH COUNTY BOARD 46,681
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL MAKE A 46,682
GOOD FAITH EFFORT TO ACQUIRE AVAILABLE FEDERAL FUNDS, INCLUDING 46,683
REIMBURSEMENTS UNDER TITLE XIX OF THE "SOCIAL SECURITY ACT," 49 46,685
STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. 46,687
(D) EACH COUNTY BOARD OF MENTAL RETARDATION AND 46,690
DEVELOPMENTAL DISABILITIES SHALL WORK TOWARD FULL COMPLIANCE WITH 46,691
THE STANDARDS ESTABLISHED UNDER THIS SECTION, BASED ON ITS 46,692
AVAILABLE RESOURCES. FUNDS RECEIVED UNDER THIS CHAPTER SHALL BE 46,693
USED TO COMPLY WITH THE STANDARDS. ANNUALLY, EACH BOARD SHALL 46,694
SUBMIT A REPORT TO THE DEPARTMENT OF MENTAL RETARDATION AND 46,695
DEVELOPMENTAL DISABILITIES REGARDING THE BOARD'S PROGRESS IN 46,696
COMPLYING FULLY WITH THE STANDARDS.
(E) THE DEPARTMENT SHALL COMPLETE A PROGRAM QUALITY REVIEW 46,700
OF EACH COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL 46,701
DISABILITIES TO DETERMINE THE EXTENT TO WHICH THE BOARD HAS 46,702
COMPLIED WITH THE STANDARDS. THE REVIEW SHALL BE CONDUCTED IN 46,703
CONJUNCTION WITH THE COMPREHENSIVE ACCREDITATION REVIEW OF THE 46,704
BOARD THAT IS CONDUCTED UNDER SECTION 5126.081 OF THE REVISED 46,706
CODE.
NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR CHAPTER 46,709
5123. OF THE REVISED CODE REQUIRING THE DEPARTMENT TO DISTRIBUTE 46,711
FUNDS TO COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 46,712
DISABILITIES, THE DEPARTMENT MAY WITHHOLD FUNDS FROM A BOARD IF 46,713
IT FINDS THAT THE BOARD IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE 46,714
STANDARDS ESTABLISHED UNDER THIS SECTION. 46,715
1049
(F) WHEN THE STANDARDS FOR ACCREDITATION FROM THE 46,718
COMMISSION ON ACCREDITATION OF REHABILITATION FACILITIES, OR 46,719
ANOTHER ACCREDITING AGENCY, MEET OR EXCEED THE STANDARDS 46,720
ESTABLISHED UNDER THIS SECTION, THE DIRECTOR MAY ACCEPT 46,721
ACCREDITATION FROM THE COMMISSION OR OTHER AGENCY AS EVIDENCE 46,722
THAT THE BOARD IS IN COMPLIANCE WITH ALL OR PART OF THE STANDARDS 46,723
ESTABLISHED UNDER THIS SECTION. PROGRAMS AND SERVICES ACCREDITED 46,724
BY THE COMMISSION OR AGENCY ARE EXEMPT FROM THE PROGRAM QUALITY 46,725
REVIEWS REQUIRED BY DIVISION (E) OF THIS SECTION. 46,726
Sec. 5126.121. EACH COUNTY BOARD OF MENTAL RETARDATION 46,728
AND DEVELOPMENTAL DISABILITIES MAY BE ELIGIBLE TO RECEIVE A 46,729
SUBSIDY FROM THE DEPARTMENT OF MENTAL RETARDATION AND 46,730
DEVELOPMENTAL DISABILITIES FOR THE EMPLOYMENT OF A BUSINESS 46,731
MANAGER AS PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL ADOPT 46,732
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 46,736
SPECIFYING STANDARDS FOR THE EMPLOYMENT OF SUCH A BUSINESS 46,737
MANAGER. THE RULES SHALL INCLUDE THE MINIMUM EDUCATION AND 46,738
EXPERIENCE REQUIREMENTS FOR THE POSITION OF BUSINESS MANAGER AND 46,739
SHALL SPECIFY REQUIREMENTS FOR COURSES IN FISCAL AND BUSINESS 46,740
MANAGEMENT THAT ARE ANNUALLY SPONSORED OR CERTIFIED BY THE 46,741
DEPARTMENT AND THAT ARE APPLICABLE TO THE POSITION AND DESIGNED 46,742
TO TEACH EFFECTIVE BUSINESS PRACTICES. EACH COUNTY BOARD OF 46,743
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES THAT EMPLOYS A 46,744
BUSINESS MANAGER IN ACCORDANCE WITH THE STANDARDS ADOPTED UNDER 46,745
THIS SECTION MAY RECEIVE A SUBSIDY FROM THE DEPARTMENT. 46,746
Sec. 5126.356. (A) As used in this section, "delegated 46,755
health care task" means a task within a health care 46,756
professional's scope of practice, as determined pursuant to the 46,757
provisions of the Revised Code under which the professional is 46,759
authorized to practice, that is delegated by the professional to 46,760
a county board worker pursuant to this section. 46,761
(B) A county board worker for a county board that has 46,763
adopted a policy described in division (B)(1) of section 5126.351 46,764
of the Revised Code may give or apply prescribed medication to a 46,768
1050
county board client receiving supported living or respite care
provided under this chapter OR RESIDENTIAL SERVICES PURSUANT TO A 46,769
CONTRACT OR SUBCONTRACT ENTERED INTO BY THE BOARD UNDER DIVISION 46,771
(W) OF SECTION 5123.18 OF THE REVISED CODE, or perform a 46,774
delegated health care task on a county board client receiving 46,775
such services, if all of the following conditions are met: 46,776
(1) The county board worker receives, from a health care 46,778
professional acting within the scope of his THE RELEVANT 46,779
profession, written authorization to give or apply prescribed 46,780
medication or perform delegated health care tasks; 46,781
(2) The county board worker gives or applies the 46,783
medication or performs the task in accordance with the 46,785
instructions and training provided by the health care 46,786
professional who delegated the authority to give or apply the 46,787
medication or perform the task;
(3) The health care professional who delegated authority 46,790
to give or apply prescribed medication or to perform a delegated 46,791
health care task remains responsible for the care of the county 46,792
board client by ensuring that the county board worker gives or 46,793
applies the medication or performs the task in accordance with 46,794
the instructions and training provided and in accordance with 46,795
appropriate standards of care;
(4) With regard to county board clients receiving 46,797
supported living, the supported living is being provided in the 46,798
same residence to not more than four county board clients and the 46,799
residence is monitored by a county board that ensures the quality 46,800
of services provided; 46,801
(5) With regard to county board clients receiving respite 46,804
care, the respite care services are monitored by a county board 46,805
that ensures the quality of services provided and the county 46,806
board client receives the respite care in one of the following: 46,807
(a) A home or an apartment owned or leased by the client; 46,810
(b) A residence of an individual who is related to the 46,812
client by blood or marriage; 46,813
1051
(c) The principal residence of the client's 46,815
court-appointed guardian; 46,816
(d) A foster home certified under Chapter 5103. of the 46,818
Revised Code serving not more than four individuals with mental 46,820
retardation and developmental disabilities. 46,821
(6) WITH REGARD TO COUNTY BOARD CLIENTS RECEIVING 46,824
RESIDENTIAL SERVICES PURSUANT TO A CONTRACT OR SUBCONTRACT 46,825
ENTERED INTO BY THE BOARD UNDER DIVISION (W) OF SECTION 5123.18 46,826
OF THE REVISED CODE, THE RESIDENTIAL SERVICES ARE BEING PROVIDED 46,829
IN A FACILITY THAT IS LICENSED UNDER SECTION 5123.19 OF THE 46,830
REVISED CODE TO PROVIDE SERVICES TO NO MORE THAN FIVE RESIDENTS 46,832
AND THE BOARD MONITORS THE RESIDENCE TO ENSURE THE QUALITY OF 46,833
SERVICES PROVIDED.
(C) This section does not do either of the following: 46,835
(1) Require a county board worker to give or apply 46,837
prescribed medication or perform delegated health care tasks 46,838
unless such a requirement is established by the board as a 46,839
condition of employing or contracting with the worker; 46,840
(2) Affect the application of sections 2305.23 and 46,842
2305.231 of the Revised Code. 46,843
Sec. 5139.01. (A) As used in this chapter: 46,852
(1) "Commitment" means the transfer of the physical 46,854
custody of a child or youth from the court to the department of 46,855
youth services. 46,856
(2) "Permanent commitment" means a commitment that vests 46,858
legal custody of a child in the department of youth services. 46,859
(3) "Legal custody," insofar as it pertains to the status 46,861
that is created when a child is permanently committed to the 46,862
department of youth services, means a legal status in which the 46,863
department has the following rights and responsibilities: the 46,864
right to have physical possession of the child; the right and 46,865
duty to train, protect, and control the child; the responsibility 46,867
to provide the child with food, clothing, shelter, education, and 46,869
medical care; and the right to determine where and with whom the 46,870
1052
child shall live, subject to the minimum periods of, or periods 46,872
of, institutional care prescribed in section 2151.355 of the 46,874
Revised Code; provided, that these rights and responsibilities 46,875
are exercised subject to the powers, rights, duties, and 46,876
responsibilities of the guardian of the person of the child, and 46,877
subject to any residual parental rights and responsibilities. 46,878
(4) Unless the context requires a different meaning, 46,880
"institution" means a state facility that is created by the 46,881
general assembly and that is under the management and control of 46,882
the department of youth services or a private entity with which 46,883
the department has contracted for the institutional care and 46,884
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 46,886
day for over a period of at least two consecutive weeks. 46,887
(6) "Placement" means the conditional release of a child 46,889
under the terms and conditions that are specified by the 46,890
department of youth services. The department shall retain legal 46,891
custody of a child released pursuant to division (B) of section 46,892
2151.38 of the Revised Code or division (C) of section 5139.06 of 46,893
the Revised Code until the time that it discharges the child or 46,894
until the legal custody is terminated as otherwise provided by 46,895
law. 46,896
(7) "Home placement" means the placement of a child in the 46,898
home of the child's parent or parents or in the home of the 46,899
guardian of the child's person. 46,901
(8) "Discharge" means that the department of youth 46,903
services' legal custody of a child is terminated. 46,904
(9) "Release" means the termination of a child's stay in 46,906
an institution. A child released pursuant to division (B) of 46,907
section 2151.38 or pursuant to division (C) of section 5139.06 of 46,908
the Revised Code shall be on parole until discharged pursuant to 46,909
division (C)(5) of section 5139.06 of the Revised Code or until 46,910
legal custody is terminated as otherwise provided by law. 46,911
(10) "Delinquent child" has the same meaning as in section 46,913
1053
2151.02 of the Revised Code. 46,914
(11) "Felony delinquent" means any child who is at least 46,916
twelve years of age but less than eighteen years of age and who 46,917
is adjudicated a delinquent child for having committed an act 46,918
that if committed by an adult would be a felony. "Felony 46,919
delinquent" includes any adult who is between the ages of 46,920
eighteen and twenty-one and who is in the legal custody of the 46,921
department of youth services for having committed an act that if 46,922
committed by an adult would be a felony. 46,923
(12) "Juvenile traffic offender" has the same meaning as 46,925
in section 2151.021 of the Revised Code. 46,926
(13) "Public safety beds" means all of the following: 46,928
(a) Felony delinquents who have been committed to the 46,930
department of youth services for the commission of an act, other 46,931
than a violation of section 2911.01 or 2911.11 of the Revised 46,932
Code, that is a category one offense or a category two offense 46,933
and who are in the care and custody of an institution or have 46,934
been diverted from care and custody in an institution and placed 46,935
in a community corrections facility; 46,936
(b) Felony delinquents who, while committed to the 46,938
department of youth services and in the care and custody of an 46,939
institution or a community corrections facility, are adjudicated 46,940
delinquent children for having committed in that institution or 46,942
community corrections facility an act that if committed by an 46,943
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 46,945
(i) They are at least twelve years of age but less than 46,948
eighteen years of age.
(ii) They are adjudicated delinquent children for having 46,951
committed acts that if committed by an adult would be a felony. 46,952
(iii) They are committed to the department of youth 46,955
services by the juvenile court of a county that has had one-tenth 46,956
of one per cent or less of the statewide adjudications for felony 46,957
delinquents as averaged, through December 31, 1995, for the past
1054
two fiscal years or as averaged, on and after January 1, 1996, 46,958
for the past four fiscal years. 46,960
(iv) They are in the care and custody of an institution or 46,962
a community corrections facility. 46,963
(d) Felony delinquents who, while committed to the 46,965
department of youth services and in the care and custody of an 46,966
institution, commit in that institution an act that if committed 46,967
by an adult would be a felony, who are serving administrative 46,968
DISCIPLINARY time, as defined by rules of the department adopted 46,969
pursuant to division (E) of section 5139.04 of the Revised Code, 46,970
for having committed that act, and who have been 46,972
institutionalized or institutionalized in a secure facility for 46,973
the minimum period of time specified in division (A)(4) or (5) of 46,974
section 2151.355 of the Revised Code.
(e) Felony delinquents who are subject to and serving a 46,976
three-year period of commitment order imposed by a juvenile court 46,977
pursuant to division (A)(7) of section 2151.355 of the Revised 46,979
Code for an act, other than a violation of section 2911.11 of the 46,980
Revised Code, that would be a category one offense or category 46,981
two offense if committed by an adult.
(14) "State target youth" means twenty-five per cent of 46,983
the projected total number of felony delinquents for each year of 46,984
a biennium, factoring in revocations and recommitments. 46,985
(15) Unless the context requires a different meaning, 46,987
"community corrections facility" means a county or multicounty 46,988
rehabilitation center for felony delinquents who have been 46,989
committed to the department of youth services and diverted from 46,990
care and custody in an institution and placed in the 46,991
rehabilitation center pursuant to division (E) of section 5139.36 46,992
of the Revised Code. 46,993
(16) "Secure facility" means any facility that is designed 46,995
and operated to ensure that all of its entrances and exits are 46,996
under the exclusive control of its staff and to ensure that, 46,997
because of that exclusive control, no child who has been 46,998
1055
institutionalized in the facility may leave the facility without
permission or supervision. 46,999
(17) "Community residential program" means a program that 47,001
satisfies both of the following: 47,002
(a) It is housed in a building or other structure that has 47,004
no associated major restraining construction, including, but not 47,005
limited to, a security fence. 47,006
(b) It provides twenty-four-hour care, supervision, and 47,008
programs for felony delinquents who are in residence. 47,009
(18) "Category one offense" and "category two offense" 47,011
have the same meanings as in section 2151.26 of the Revised Code. 47,012
(19) "DISCIPLINARY TIME" MEANS ADDITIONAL TIME THAT THE 47,015
DEPARTMENT OF YOUTH SERVICES REQUIRES A FELONY DELINQUENT TO 47,016
SERVE IN AN INSTITUTION, THAT DELAYS THE FELONY DELINQUENT'S 47,017
PLANNED RELEASE, AND THAT THE DEPARTMENT IMPOSES UPON THE FELONY 47,018
DELINQUENT FOLLOWING THE CONDUCT OF AN INTERNAL DUE PROCESS 47,019
HEARING FOR HAVING COMMITTED ANY OF THE FOLLOWING ACTS WHILE 47,020
COMMITTED TO THE DEPARTMENT AND IN THE CARE AND CUSTODY OF AN 47,021
INSTITUTION: 47,022
(a) AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A 47,025
FELONY;
(b) AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A 47,028
MISDEMEANOR;
(c) AN ACT THAT IS NOT DESCRIBED IN DIVISION (A)(19)(a) OR 47,033
(b) OF THIS SECTION AND THAT VIOLATES AN INSTITUTIONAL RULE OF 47,034
CONDUCT OF THE DEPARTMENT.
(20) "UNRULY CHILD" HAS THE SAME MEANING AS IN SECTION 47,036
2151.022 OF THE REVISED CODE.
(B) There is hereby created the department of youth 47,038
services. The governor shall appoint the director of the 47,039
department with the advice and consent of the senate. The 47,040
director shall hold office during the term of the appointing 47,041
governor but subject to removal at the pleasure of the governor. 47,042
Except as otherwise authorized in section 108.05 of the Revised 47,043
1056
Code, the director shall devote the director's entire time to the 47,045
duties of the director's office and shall hold no other office or 47,046
position of trust or profit during the director's term of office. 47,048
The director is the chief executive and administrative 47,050
officer of the department and has all the powers of a department 47,051
head set forth in Chapter 121. of the Revised Code. The director 47,053
may adopt rules for the government of the department, the conduct 47,054
of its officers and employees, the performance of its business, 47,055
and the custody, use, and preservation of the department's 47,056
records, papers, books, documents, and property. The director 47,057
shall be an appointing authority within the meaning of Chapter 47,058
124. of the Revised Code. Whenever this or any other chapter or 47,059
section of the Revised Code imposes a duty on or requires an 47,060
action of the department, the duty or action shall be performed 47,061
by the director or, upon the director's order, in the name of the 47,062
department. 47,063
Sec. 5139.03. The department of youth services shall 47,072
control and manage all state institutions or facilities 47,073
established or created for the training or rehabilitation of 47,074
delinquent children committed to the department, except where the 47,075
control and management of an institution or facility is vested by 47,076
law in another agency. The department shall employ, in addition 47,077
to other personnel authorized under Chapter 5139. of the Revised 47,078
Code, sufficient personnel to maintain food service and buildings 47,079
and grounds operations. 47,080
The department of youth services shall, insofar as 47,082
practicable, purchase foods and other commodities incident to 47,083
food service operations from the department of mental health. The 47,085
department of youth services may enter into agreements with the 47,086
department of mental health providing for assistance and
consultation in the construction of, or major modifications to, 47,087
capital facilities of the department of youth services. 47,088
The directors of mental health and of youth services shall 47,090
enter into written agreements to implement this section. Such 47,091
1057
directors may, from time to time, amend any agreements entered 47,092
into under this section for the purposes of making more efficient 47,093
use of personnel, taking advantage of economies in quantity 47,094
purchasing, or for any other purpose which is mutually 47,095
advantageous to both the department of youth services and the 47,096
department of mental health. 47,097
THE DEPARTMENT OF YOUTH SERVICES MAY TRANSFER ANY OF ITS 47,100
EXCESS OR SURPLUS SUPPLIES TO A COMMUNITY CORRECTIONS FACILITY. 47,102
THESE SUPPLIES SHALL REMAIN THE PROPERTY OF THE DEPARTMENT FOR A 47,103
PERIOD OF FIVE YEARS FROM THE DATE OF THE TRANSFER. AFTER THE 47,104
FIVE-YEAR PERIOD, THE SUPPLIES SHALL BECOME THE PROPERTY OF THE 47,105
FACILITY. 47,106
Sec. 5139.04. The department of youth services shall do 47,115
all of the following: 47,116
(A) Support service districts through a central 47,118
administrative office that shall have as its administrative head 47,119
a deputy director who shall be appointed by the director of the 47,120
department. When a vacancy occurs in the office of that deputy 47,121
director, an assistant deputy director shall act as that deputy 47,123
director until the vacancy is filled. The position of deputy 47,124
director and assistant deputy director described in this division 47,125
shall be in the unclassified civil service of the state. 47,127
(B) Receive custody of all children committed to it under 47,129
Chapter 2151. of the Revised Code, cause a study to be made of 47,130
those children, and issue any orders, as it considers best suited 47,131
to the needs of any of those children and the interest of the 47,132
public, for the treatment of each of those children; 47,133
(C) Obtain personnel necessary for the performance of its 47,135
duties; 47,136
(D) Train or provide for training of probation and youth 47,138
correction workers; 47,139
(E) Adopt rules that regulate its organization and 47,142
operation, that implement sections 5139.34 AND 5139.41 to 5139.45 47,143
of the Revised Code, that define administrative time for purposes 47,144
1058
of division (A)(13)(d) of section 5139.01 of the Revised Code, 47,146
and that pertain to the administration of other sections of this 47,148
chapter;
(F) Submit reports of its operations to the governor and 47,150
the general assembly by the thirty-first day of January of each 47,151
odd-numbered year; 47,152
(G) Conduct a program of research in diagnosis, training, 47,154
and treatment of delinquent children to evaluate the 47,155
effectiveness of the department's services and to develop more 47,156
adequate methods; 47,157
(H) Receive reports from the juvenile courts under 47,159
division (C)(3)(b) of section 5139.43 of the Revised Code and 47,160
prepare an annual report of state juvenile court statistics and 47,161
information based upon those reports. The department shall make 47,162
available a copy of the annual report to the governor and members 47,163
of the general assembly upon request. 47,164
(I) Do all other acts necessary or desirable to carry out 47,166
this chapter. 47,167
Sec. 5139.07. As a means of correcting the socially 47,177
harmful tendencies of a child committed to it, the department of 47,178
youth services may require participation by him THE CHILD in 47,179
vocational, physical, educational, and corrective training and 47,181
activities, and the conduct and modes of life that seem best 47,182
adapted to rehabilitate him THE CHILD and fit him THE CHILD for 47,184
return to full liberty without danger to the public welfare. THE 47,185
DEPARTMENT MAY MONETARILY COMPENSATE THE CHILD FOR THE ACTIVITIES 47,186
DESCRIBED IN THIS SECTION BY TRANSFERRING THE WAGES OF THE CHILD 47,187
FOR THOSE ACTIVITIES TO THE APPROPRIATE YOUTH BENEFIT FUND
CREATED UNDER SECTION 5139.86 OF THE REVISED CODE. This section 47,189
does not permit the department to release a child committed to it 47,190
from institutional care or institutional care in a secure 47,191
facility, whichever is applicable, other than in accordance with 47,192
sections 2151.38, 5139.06, and 5139.38 of the Revised Code. 47,193
The department may require a child committed to it to 47,195
1059
return to his THE CHILD'S home or to be placed in a foster care 47,196
placement if it is authorized to make a placement of that nature 47,198
under sections 2151.38, 5139.06, and 5139.38 of the Revised Code. 47,199
Any placement of that nature shall be made in accordance with 47,200
those sections. The legal residence of a child so placed by the 47,201
department is the place IN WHICH the child is residing in 47,202
accordance with a department order of placement. The school 47,204
district responsible for payment of tuition on behalf of the 47,205
child so placed shall be determined pursuant to section 3313.64 47,206
or 3313.65 of the Revised Code. 47,207
Sec. 5139.34. (A) Funds may be appropriated to the 47,216
department of youth services for the purpose of granting state 47,217
subsidies to counties to aid in the support of diagnostic 47,218
programs that are provided in a secure setting and in which no 47,219
child is detained for more than two weeks, diagnostic programs 47,220
that are provided in a nonsecure setting, and prevention, 47,221
diversion, counseling, treatment, and rehabilitation programs 47,222
that are provided in a nonsecure setting and for nonsecure foster 47,223
care facilities for alleged or adjudicated unruly and delinquent 47,224
children, or children at risk of becoming unruly or delinquent 47,225
children. A COUNTY OR THE JUVENILE COURT THAT SERVES A COUNTY 47,227
SHALL USE STATE SUBSIDIES GRANTED TO THE COUNTY PURSUANT TO THIS 47,228
SECTION ONLY IN ACCORDANCE WITH DIVISIONS (C)(2)(a) AND (3)(a) OF 47,230
SECTION 5139.43 OF THE REVISED CODE AND THE RULES PERTAINING TO 47,232
THE STATE SUBSIDY FUNDS THAT THE DEPARTMENT ADOPTS PURSUANT TO
DIVISION (E) OF SECTION 5139.04 OF THE REVISED CODE. No THE 47,234
DEPARTMENT SHALL NOT GRANT financial assistance shall be granted 47,235
PURSUANT TO THIS SECTION for the provision of care and services 47,236
for children in a foster care facility unless the facility has 47,237
been certified, licensed, or approved by a state agency with 47,238
certification, licensure, or approval authority, including, but 47,239
not limited to, the department of human services, department of 47,240
education, department of mental health, or department of mental 47,241
retardation and developmental disabilities. For the purposes of 47,242
1060
this section, foster care facilities do not include a state 47,243
institution, county or district detention home, or A county or 47,244
district children's home.
THE DEPARTMENT ALSO SHALL NOT GRANT FINANCIAL ASSISTANCE 47,246
PURSUANT TO THIS SECTION FOR THE PROVISION OF CARE AND SERVICES 47,247
FOR CHILDREN, INCLUDING, BUT NOT LIMITED TO, CARE AND SERVICES IN 47,249
A DETENTION FACILITY, IN ANOTHER FACILITY, OR IN OUT-OF-HOME
PLACEMENT, UNLESS THE MINIMUM STANDARDS APPLICABLE TO THE CARE 47,250
AND SERVICES THAT THE DEPARTMENT PRESCRIBES IN RULES ADOPTED 47,251
PURSUANT TO DIVISION (E) OF SECTION 5139.04 OF THE REVISED CODE 47,253
HAVE BEEN SATISFIED.
No more than thirty per cent of the subsidy grant to any 47,255
county that has a population of more than eighty-five thousand 47,256
and no more than fifty per cent of the subsidy grant to any 47,257
county that has a population of eighty-five thousand or less 47,258
shall be used for the operation of, or placement of children in, 47,259
residential facilities that have more than twenty beds in any one 47,260
site. No more than fifteen per cent of the subsidy grant to any 47,261
county shall be used for capital improvements. 47,262
(B) The department of youth services shall apply the 47,264
following formula to determine the amount OF THE ANNUAL GRANT 47,265
THAT each county is to receive annually pursuant to DIVISION (A) 47,266
OF this section, subject to the appropriation for this purpose to 47,267
the department made by the general assembly: 47,268
(1) Each county shall receive a basic annual grant of 47,270
fifty thousand dollars. 47,271
(2) The sum of the basic annual grants provided under 47,273
division (B)(1) of this section then shall be subtracted from the 47,274
total amount of funds appropriated to the department of youth 47,275
services for the purpose of the MAKING grants described in 47,277
PURSUANT TO division (A) of this section to determine the
remaining portion of the funds appropriated. The remaining 47,278
portion of the funds appropriated then shall be distributed on a 47,280
per capita basis to each county that has a population of more 47,281
1061
than twenty-five thousand for that portion of the population of 47,282
the county that exceeds twenty-five thousand. 47,283
(C) Each juvenile court and board of county commissioners 47,285
shall jointly establish and maintain a youth services advisory 47,286
board to assist the court and the board of county commissioners 47,287
in the formulation of an annual comprehensive plan and to advise 47,288
the court and the board of county commissioners as to youth 47,289
services needs and recommended programs. Each youth services 47,290
advisory board shall consist of not less than five persons 47,291
representing the juvenile justice system and educational and 47,292
other youth services agencies of the county. Each youth services 47,293
advisory board shall have an odd number of members. The total 47,294
number of members shall be determined concurrently by the court 47,295
and the board of county commissioners. The court and the board 47,296
of county commissioners shall appoint an equal number of members 47,297
to the advisory board. At its first meeting, the advisory board, 47,298
by a majority vote of its members, shall appoint the final member 47,299
of the advisory board. Members of the advisory board shall serve 47,300
at the pleasure of the appointing authority, provided that the 47,301
member appointed by the advisory board may be removed only by a 47,302
majority vote of the other members. Any vacancy occurring on the 47,303
advisory board shall be filled in the manner provided for 47,304
original appointments. 47,305
A county's annual comprehensive plan shall specifically 47,307
identify the county's plans for diversion, diagnosis, counseling, 47,308
treatment, and rehabilitation of children alleged or adjudicated 47,309
unruly or delinquent children and those at risk of becoming 47,310
unruly or delinquent children, for the prevention of unruliness 47,311
and juvenile delinquency, and for the support of foster care 47,312
facilities. Each county, through its juvenile court and the 47,313
board of county commissioners, then shall submit to the 47,314
department of youth services its annual comprehensive plan as 47,315
approved by the juvenile court and the board of county 47,316
commissioners and its application for the financial assistance 47,317
1062
described in this section. 47,318
(D) An annual comprehensive plan is subject to review and 47,320
approval by the department of youth services. No funds provided 47,321
to a county pursuant to the subsidy established under this 47,322
section shall be expended or indebtedness incurred by a county 47,323
until its annual comprehensive plan is approved by the 47,324
department. Funds provided to a county pursuant to the subsidy 47,325
established under this section shall be distributed to the county 47,326
on a quarterly-advance basis. The funds shall be expended or 47,327
otherwise used by a county only in accordance with the plans of 47,328
the county identified in its annual comprehensive plan. Subsidy 47,329
funds shall not be used to supplant existing county expenditures 47,330
for the juvenile court or related programs. 47,331
(E) A juvenile court may submit a written request to the 47,333
board of county commissioners for the appropriation of moneys to 47,334
assist in the funding of the programs contained in the county's 47,335
annual comprehensive plan. Upon receipt of the request, the 47,336
board, in its discretion, may appropriate a sum of money to 47,337
assist in the funding of the programs. The juvenile judge or 47,338
judges of the court that so requests have no recourse against the 47,339
board under Chapter 2731. of the Revised Code, under their 47,340
contempt power, or under any other authority, if the board of 47,341
county commissioners does not appropriate money to assist in the 47,342
funding of the programs or if the board appropriates money in an 47,343
amount less than the total amount of the submitted request for 47,344
funding. 47,345
(F) Upon request, the department of youth services shall 47,347
provide consultation and technical assistance to the counties to 47,348
aid them in developing their annual comprehensive plans. Agents 47,349
and employees of the department are authorized to inspect and 47,350
monitor any facility or program operated in accordance with an 47,351
approved annual comprehensive plan and to inspect and audit the 47,352
books and records related to the facility or program. (1) PRIOR 47,354
TO A COUNTY'S RECEIPT OF AN ANNUAL GRANT PURSUANT TO THIS 47,355
1063
SECTION, THE JUVENILE COURT THAT SERVES THE COUNTY SHALL PREPARE,
SUBMIT, AND FILE IN ACCORDANCE WITH DIVISION (C)(3)(a) OF SECTION 47,357
5139.43 OF THE REVISED CODE AN ANNUAL GRANT AGREEMENT AND 47,358
APPLICATION FOR FUNDING THAT IS FOR THE COMBINED PURPOSES OF, AND 47,359
THAT SATISFIES THE REQUIREMENTS OF, THIS SECTION AND SECTION
5139.43 OF THE REVISED CODE. IN ADDITION TO THE SUBJECT MATTERS 47,361
DESCRIBED IN DIVISION (C)(3)(a) OF SECTION 5139.43 OF THE REVISED 47,362
CODE OR IN THE RULES THAT THE DEPARTMENT ADOPTS TO IMPLEMENT THAT 47,363
DIVISION, THE ANNUAL GRANT AGREEMENT AND APPLICATION FOR FUNDING 47,364
SHALL ADDRESS FISCAL ACCOUNTABILITY AND PERFORMANCE MATTERS 47,365
PERTAINING TO THE PROGRAMS, CARE, AND SERVICES THAT ARE SPECIFIED 47,366
IN THE AGREEMENT AND APPLICATION AND FOR WHICH STATE SUBSIDY 47,367
FUNDS GRANTED PURSUANT TO THIS SECTION WILL BE USED. 47,368
(2) THE COUNTY TREASURER OF EACH COUNTY THAT RECEIVES AN 47,371
ANNUAL GRANT PURSUANT TO THIS SECTION SHALL DEPOSIT THE STATE
SUBSIDY FUNDS SO RECEIVED INTO THE COUNTY'S FELONY DELINQUENT 47,372
CARE AND CUSTODY FUND CREATED PURSUANT TO DIVISION (C)(1) OF 47,374
SECTION 5139.43 OF THE REVISED CODE. SUBJECT TO EXCEPTIONS 47,375
PRESCRIBED IN SECTION 5139.43 OF THE REVISED CODE THAT MAY APPLY 47,376
TO THE DISBURSEMENT, THE DEPARTMENT SHALL DISBURSE THE STATE 47,377
SUBSIDY FUNDS TO WHICH EACH COUNTY IS ENTITLED AS FOLLOWS: 47,379
(a) EXCEPT AS PROVIDED IN DIVISION (C)(2)(b) OF THIS 47,382
SECTION, THE DEPARTMENT SHALL DISBURSE THE STATE SUBSIDY FUNDS TO 47,383
WHICH A COUNTY IS ENTITLED IN A LUMP SUM PAYMENT THAT SHALL BE 47,384
MADE IN JULY OF EACH CALENDAR YEAR. 47,385
(b) IN THE CASE OF STATE SUBSIDY FUNDS TO WHICH A COUNTY 47,387
IS ENTITLED FOR FISCAL YEAR 1998, THE DEPARTMENT SHALL DISBURSE 47,388
THE STATE SUBSIDY FUNDS TO THE COUNTY IN TWO DISTINCT PAYMENTS IN 47,390
ACCORDANCE WITH THIS DIVISION. THE DEPARTMENT SHALL DISBURSE
SEVENTY-FIVE PER CENT OF THOSE STATE SUBSIDY FUNDS TO THE COUNTY 47,391
IN JULY 1997. AFTER THE DEPARTMENT REVIEWS AND RECONCILES THE 47,393
APPLICABLE REPORTS THAT THE JUVENILE COURT OF THE COUNTY IS 47,394
REQUIRED TO PREPARE AND SUBMIT TO THE DEPARTMENT PURSUANT TO 47,395
SECTION 5139.43 OF THE REVISED CODE, THE DEPARTMENT SHALL 47,396
1064
DISBURSE TO THE COUNTY IN OCTOBER 1997, THE REMAINDER OF THE 47,397
STATE SUBSIDY FUNDS TO WHICH THE COUNTY IS ENTITLED. 47,398
(3) UPON AN ORDER OF THE JUVENILE COURT THAT SERVES A 47,400
COUNTY AND SUBJECT TO APPROPRIATION BY THE BOARD OF COUNTY 47,401
COMMISSIONERS OF THAT COUNTY, A COUNTY TREASURER SHALL DISBURSE 47,402
FROM THE COUNTY'S FELONY DELINQUENT CARE AND CUSTODY FUND THE 47,403
STATE SUBSIDY FUNDS GRANTED TO THE COUNTY PURSUANT TO THIS 47,404
SECTION FOR USE ONLY IN ACCORDANCE WITH THIS SECTION, THE 47,405
APPLICABLE PROVISIONS OF SECTION 5139.43 OF THE REVISED CODE, AND 47,406
THE COUNTY'S APPROVED ANNUAL GRANT AGREEMENT AND APPLICATION FOR 47,407
FUNDING.
(4) THE MONEYS IN A COUNTY'S FELONY DELINQUENT CARE AND 47,410
CUSTODY FUND THAT REPRESENT STATE SUBSIDY FUNDS GRANTED PURSUANT 47,411
TO THIS SECTION ARE SUBJECT TO APPROPRIATION BY THE BOARD OF 47,413
COUNTY COMMISSIONERS OF THE COUNTY; SHALL BE DISBURSED BY THE 47,414
COUNTY TREASURER AS REQUIRED BY DIVISION (C)(3) OF THIS SECTION; 47,415
SHALL BE USED IN THE MANNERS REFERRED TO IN DIVISION (C)(3) OF 47,416
THIS SECTION; SHALL NOT REVERT TO THE COUNTY GENERAL FUND AT THE 47,418
END OF ANY FISCAL YEAR; SHALL CARRY OVER IN THE FELONY DELINQUENT 47,419
CARE AND CUSTODY FUND FROM THE END OF ANY FISCAL YEAR TO THE NEXT 47,420
FISCAL YEAR; SHALL BE IN ADDITION TO, AND SHALL NOT BE USED TO 47,421
REDUCE, ANY USUAL ANNUAL INCREASE IN COUNTY FUNDING THAT THE 47,422
JUVENILE COURT IS ELIGIBLE TO RECEIVE OR THE CURRENT LEVEL OF 47,423
COUNTY FUNDING OF THE JUVENILE COURT AND OF ANY PROGRAMS, CARE, 47,424
OR SERVICES FOR ALLEGED OR ADJUDICATED DELINQUENT CHILDREN, 47,425
UNRULY CHILDREN, OR JUVENILE TRAFFIC OFFENDERS OR FOR CHILDREN 47,426
WHO ARE AT RISK OF BECOMING DELINQUENT CHILDREN, UNRULY CHILDREN, 47,427
OR JUVENILE TRAFFIC OFFENDERS; AND SHALL NOT BE USED TO PAY FOR 47,428
THE CARE AND CUSTODY OF FELONY DELIQUENTS WHO ARE IN THE CARE AND 47,429
CUSTODY OF AN INSTITUTION PURSUANT TO A COMMITMENT, RECOMMITMENT, 47,430
OR REVOCATION OF A RELEASE ON PAROLE BY THE JUVENILE COURT OF 47,431
THAT COUNTY OR WHO ARE IN THE CARE AND CUSTODY OF A COMMUNITY 47,432
CORRECTIONS FACILITY PURSUANT TO A PLACEMENT BY THE DEPARTMENT 47,433
WITH THE CONSENT OF THE JUVENILE COURT AS DESCRIBED IN DIVISION 47,435
1065
(E) OF SECTION 5139.36 OF THE REVISED CODE.
(5) AS A CONDITION OF THE CONTINUED RECEIPT OF STATE 47,437
SUBSIDY FUNDS PURSUANT TO THIS SECTION, EACH COUNTY AND THE 47,438
JUVENILE COURT THAT SERVES EACH COUNTY THAT RECEIVES AN ANNUAL 47,439
GRANT PURSUANT TO THIS SECTION SHALL COMPLY WITH DIVISIONS 47,441
(C)(3)(b), (c), AND (d) OF SECTION 5139.43 OF THE REVISED CODE. 47,442
Sec. 5139.36. (A) In accordance with this section and the 47,451
rules adopted under it and from funds appropriated to the 47,452
department of youth services for the purposes of this section, 47,453
the department shall make grants that provide financial resources 47,454
to operate community corrections facilities for felony 47,455
delinquents. 47,456
(B)(1) Each community corrections facility that intends to 47,458
seek a grant under this section shall file an application with 47,459
the department of youth services at the time and in accordance 47,460
with the procedures that the department shall establish by rules 47,461
adopted in accordance with Chapter 119. of the Revised Code. In 47,462
addition to other items required to be included in the 47,463
application, a plan that satisfies both of the following shall be 47,464
included: 47,465
(a) It CONSISTENT WITH DIVISION (A)(12)(b) OF SECTION 47,468
2151.355 OF THE REVISED CODE, IT reduces the number of felony
delinquents committed to the department from the county or 47,470
counties associated with the community corrections facility. 47,471
(b) It ensures equal access for minority felony 47,473
delinquents to the programs and services for which a potential 47,474
grant would be used. 47,475
(2) The department of youth services shall review each 47,477
application submitted pursuant to division (B)(1) of this section 47,478
to determine whether the plan described in that division, the 47,479
community corrections facility, and the application comply with 47,480
this section and the rules adopted under it. 47,481
(C) To be eligible for a grant under this section and for 47,483
continued receipt of moneys comprising a grant under this 47,484
1066
section, a community corrections facility shall satisfy at least 47,485
all of the following requirements: 47,486
(1) Be constructed, reconstructed, improved, or financed 47,488
by the Ohio building authority pursuant to section 307.021 of the 47,489
Revised Code and Chapter 152. of the Revised Code for the use of 47,490
the department of youth services and be designated as a community 47,491
corrections facility; 47,492
(2) Have written standardized criteria governing the types 47,494
of felony delinquents that are eligible for the programs and 47,495
services provided by the facility; 47,496
(3) Have a written standardized intake screening process 47,498
and an intake committee that at least performs both of the 47,499
following tasks: 47,500
(a) Screens all eligible felony delinquents who are being 47,502
considered for admission to the facility in lieu of commitment to 47,503
the department; 47,504
(b) Notifies, within ten days after the date of the 47,506
referral of a felony delinquent to the facility, the committing 47,507
court whether the felony delinquent will be admitted to the 47,508
facility. 47,509
(4) Comply with all applicable fiscal and program rules 47,511
that the department adopts in accordance with Chapter 119. of the 47,512
Revised Code and demonstrate that felony delinquents served by 47,513
the facility have been or will be diverted from a commitment to 47,514
the department. 47,515
(D) The department of youth services shall determine the 47,517
method of distribution of the funds appropriated for grants under 47,518
this section to community corrections facilities. 47,519
(E) With the consent of a committing court and of a 47,521
community corrections facility that has received a grant under 47,522
this section, the department of youth services may place in that 47,523
facility a felony delinquent who has been committed to the 47,524
department. During the period in which the felony delinquent 47,525
child is in that facility, he THE FELONY DELINQUENT shall remain 47,527
1067
in the LEGAL custody of the department. 47,528
Sec. 5139.42. In developing the formula described in 47,537
section 5139.41 of the Revised Code, the department of youth 47,538
services shall use the data included by each juvenile court in 47,539
the annual report described in division (C)(3)(b) of section 47,540
5139.43 of the Revised Code, other data included in any monthly 47,541
reports that the department may require juvenile courts to file 47,542
under division (C)(3)(c) of that section, and other data derived 47,543
from a fiscal monitoring PROGRAM or other ANOTHER MONITORING 47,544
program described in division (C)(3)(d) of that section to 47,545
project or calculate the following for each year of a biennium: 47,546
(A) The total number of children who will be adjudicated 47,548
delinquent children by the juvenile courts for acts that if 47,549
committed by an adult would be a felony; 47,550
(B) The number of public safety beds; 47,552
(C) The state target youth; 47,554
(D) The per diem cost for the care and custody of felony 47,556
delinquents that shall be calculated for each year of a biennium 47,557
as follows: 47,558
(1) By multiplying the state target youth by the projected 47,560
length of stay of state target youth in the care and custody of 47,561
the department;
(2) By subtracting from the appropriation made to the 47,563
department for care and custody of felony delinquents for each 47,564
fiscal year of the biennium the amount of the appropriation that 47,565
must be set aside pursuant to division (A) of section 5139.41 of 47,566
the Revised Code for purposes of funding the contingency program 47,567
described in section 5139.45 of the Revised Code, and then 47,568
dividing the remainder of the appropriation that was so
calculated by the product derived under division (D)(1) of this 47,569
section;
(3) Except as otherwise provided in division (D)(3) of 47,571
this section, by BY dividing the quotient derived under division 47,572
(D)(2) of this section by the number of days in the fiscal year. 47,574
1068
For purposes of fiscal year 1995, in lieu of dividing that 47,576
quotient by the number of days in the fiscal year, the department 47,577
shall divide that quotient by the number of days remaining in
fiscal year 1995 on and after January 1, 1995. 47,578
(E) For each county of the state, that county's average 47,580
percentage of the total number of children who, through December 47,582
31, 1995, during the past two fiscal years or, on and after
January 1, 1996, during the past four fiscal years were 47,583
adjudicated delinquent children by the juvenile courts for acts 47,585
that, if committed by an adult, would be a felony; 47,586
(F) The number of children who satisfy all of the 47,588
following:
(1) They are at least twelve years of age but less than 47,591
eighteen years of age.
(2) They were adjudicated delinquent children for having 47,594
committed acts that if committed by an adult would be a felony. 47,595
(3) They were committed to the department by the juvenile 47,598
court of a county that has had one-tenth of one per cent or less 47,599
of the statewide adjudications for felony delinquents as 47,600
averaged, through December 31, 1995, for the past two fiscal 47,601
years or as averaged, on and after January 1, 1996, for the past 47,602
four fiscal years. 47,604
(4) They are in the care and custody of an institution or 47,606
a community corrections facility. 47,607
Sec. 5139.43. (A) On and after January 1, 1995, the THE 47,616
department of youth services shall operate a felony delinquent 47,617
care and custody program with the remainder of the appropriation 47,618
described in division (E) of section 5139.41 of the Revised Code. 47,620
The program shall be operated in accordance with the formula 47,621
developed pursuant to sections 5139.41 and 5139.42 of the Revised 47,622
Code, subject to the conditions specified in this section, and in 47,623
conjunction with the contingency program described in section 47,624
5139.45 of the Revised Code. 47,625
(B)(1) The department of youth services annually shall 47,627
1069
allocate to each county a portion of the remainder of the 47,628
appropriation described in division (E) of section 5139.41 of the 47,630
Revised Code. The portion to be allocated to each county shall 47,631
be determined by multiplying the county's percentage determined 47,632
under division (E) of section 5139.42 of the Revised Code by the 47,633
amount of that remainder. The department shall divide the 47,634
portion to be allocated to each county by twelve or, if in a 47,635
particular fiscal year the felony delinquent care and custody 47,636
program is in effect in a county less than twelve months, by the 47,637
number of months the program is in effect in that county to 47,638
determine the monthly allocation to that county.
(2)(a) Except as provided in division (B)(2)(b) of this 47,640
section, the department shall reduce the monthly allocation for 47,641
each fiscal year to each county as determined under division 47,642
(B)(1) of this section by both of the following: 47,643
(i) Seventy-five per cent of the amount determined by 47,646
multiplying the per diem cost for the care and custody of felony 47,647
delinquents, as determined pursuant to division (D) of section 47,648
5139.42 of the Revised Code, by the number of felony delinquents 47,649
who have been adjudicated delinquent children and, except as 47,650
otherwise provided in divisions (B)(2)(a) and (3) of this 47,652
section, who are in the care and custody of an institution 47,653
pursuant to a commitment, recommitment, or revocation of a 47,655
release on parole by the juvenile court of that county;
(ii) Fifty per cent of the amount determined by 47,657
multiplying the per diem cost for the care and custody of felony 47,658
delinquents, as determined pursuant to division (D) of section 47,659
5139.42 of the Revised Code, by the number of felony delinquents 47,660
who have been adjudicated delinquent children and, except as 47,661
otherwise provided in divisions DIVISION (B)(2)(a) and (3) of 47,662
this section, who are in the care and custody of a community 47,663
corrections facility pursuant to a placement by the department 47,664
with the consent of the juvenile court of that county as 47,665
described in division (E) of section 5139.36 of the Revised Code. 47,666
1070
Public safety beds shall not be included in the number of 47,669
felony delinquents who have been adjudicated delinquent children 47,670
by a juvenile court in making the seventy-five per cent or fifty 47,671
per cent reductions REDUCTION described in divisions DIVISION 47,674
(B)(2)(a)(i) and (ii) of this section. The department shall bear 47,677
the care and custody costs associated with public safety beds. 47,678
(b) If a county has exhausted its current and future 47,680
monthly allocations for the current fiscal year as determined 47,681
under division (B)(1) of this section, the department shall bear 47,682
the remainder of the amounts calculated under divisions 47,684
(B)(2)(a)(i) and (ii) of this section for the care and custody of 47,686
felony delinquents who are in the care and custody of an 47,687
institution pursuant to a commitment, recommitment, or revocation 47,689
of a release on parole or in the care and custody of a community 47,690
corrections facility by debiting, in accordance with division 47,692
(C)(2) of section 5139.45 of the Revised Code, the amount of the 47,693
appropriation for care and custody of felony delinquents that was 47,694
set aside for the contingency program pursuant to division (A) of 47,695
section 5139.41 of the Revised Code.
(3)(a) Subject to divisions (B)(2)(b) and (4) AND 47,698
(C)(3)(b) AND (c) of this section and subject to the special 47,699
provisions of division (B)(3)(b) of this section pertaining to 47,700
monthly allocations under divisions (B)(1) and (2)(a) of this 47,702
section for the month of June, after the application of division 47,703
(B)(2)(a) of this section and on or before the fifteenth day of 47,705
the following month, the department shall disburse to the 47,706
juvenile court of each county the remainder of the monthly 47,707
allocation of that county as determined pursuant to divisions 47,708
(B)(1) and (2)(a) of this section.
(b)(i) For the monthly allocation for the month of June of 47,711
each fiscal year, the department shall estimate for each county
the number of felony delinquents described in divisions 47,712
(B)(2)(a)(i) and (ii) of this section rather than use the actual 47,714
number of those felony delinquents, shall use the estimated 47,715
1071
number of those felony delinquents in making the seventy-five per 47,717
cent and fifty per cent reductions described in those divisions,
and shall encumber the remainder of the estimated monthly 47,718
allocation of each county for the month of June, as determined 47,719
pursuant to divisions (B)(1), (2)(a), and (3)(b)(i) of this 47,721
section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii) of this section. 47,723
If the total of the seventy-five per cent and fifty per cent 47,724
reductions described in division (B)(2)(a) of this section 47,726
exceeds the estimated monthly allocation of a county for the
month of June as so determined, the department may cover the 47,727
amount of the excess by debiting, in accordance with division 47,728
(C)(2) of section 5139.45 of the Revised Code, the amount of the 47,730
appropriation for care and custody of felony delinquents that was 47,731
set aside for the contingency program pursuant to division (A) of 47,732
section 5139.41 of the Revised Code.
(ii) In the month of July of each new fiscal year, the 47,734
department shall reconcile for each county the estimated 47,735
reductions that occurred pursuant to divisions (B)(2)(a) and 47,736
(3)(b)(i) of this section and the reductions that should have 47,738
occurred pursuant to division (B)(2)(a) of this section by using 47,739
the actual number of felony delinquents described in divisions 47,740
(B)(2)(a)(i) and (ii) of this section for the month of June of 47,741
the prior fiscal year. After that reconciliation occurs, subject 47,742
to divisions (B)(2)(b) and (4) AND (C)(3)(b) AND (c) of this 47,744
section, the department shall disburse to each county the 47,745
remainder of its monthly allocation for the month of June of the 47,746
prior fiscal year as adjusted pursuant to the reconciliation and 47,747
division (B)(3)(b)(ii) of this section. 47,748
In connection with the adjustments in the monthly 47,750
allocations for the month of June of the prior fiscal year, if 47,751
the encumbered monthly allocations of one or more counties for 47,752
that month exceed or are less than the monthly allocations for 47,753
that month to which those counties are entitled under divisions 47,754
1072
(B)(1) and (2)(a) of this section by using the actual number of 47,755
felony delinquents described in divisions (B)(2)(a)(i) and (ii) 47,756
of this section rather than the estimated number of those felony 47,757
delinquents, the department may make the necessary adjustments in 47,758
the monthly allocations of those counties for the month of June 47,759
of the prior fiscal year within the total of the moneys for 47,760
monthly allocations for that month that were encumbered for all 47,761
of the counties. If that total amount is insufficient to make 47,762
the requisite monthly allocations for that month to all counties
in accordance with divisions (B)(1) and (2)(a) of this section, 47,764
the department shall cover the insufficiency by debiting, in 47,765
accordance with division (C)(2) of section 5139.45 of the Revised 47,766
Code, the amount of the appropriation for care and custody of
felony delinquents that was set aside for the contingency program 47,767
pursuant to division (A) of section 5139.41 of the Revised Code. 47,768
(4) Notwithstanding the general disbursement requirements 47,771
of division (B)(3)(a) and (b)(ii) of this section, if a juvenile 47,772
court fails to comply with division (C)(3)(d) of this section and 47,773
the department is not able to reconcile fiscal accounting as a 47,774
consequence of that failure, the department is not required to
make any disbursement in accordance with division (B)(3)(a) or 47,775
(b)(ii) of this section to the juvenile court until it complies 47,777
with division (C)(3)(d) of this section.
(C)(1) Each juvenile court shall use the moneys disbursed 47,779
to it by the department of youth services pursuant to division 47,780
(B) of this section in accordance with THE APPLICABLE PROVISIONS 47,781
OF division (C)(2) of this section and shall transmit the moneys 47,782
to the county treasurer for deposit in accordance with this 47,783
division. The county treasurer shall create in the county 47,784
treasury a fund that shall be known as the felony delinquent care 47,785
and custody fund and shall deposit in that fund the moneys 47,786
disbursed to the juvenile court pursuant to division (B) of this 47,787
section. THE COUNTY TREASURER ALSO SHALL DEPOSIT INTO THAT FUND 47,788
THE STATE SUBSIDY FUNDS GRANTED TO THE COUNTY PURSUANT TO SECTION 47,789
1073
5139.34 OF THE REVISED CODE. The moneys DISBURSED TO THE 47,791
JUVENILE COURT PURSUANT TO DIVISION (B) OF THIS SECTION AND 47,792
DEPOSITED PURSUANT TO THIS DIVISION in the FELONY DELINQUENT CARE 47,793
AND CUSTODY fund shall not be commingled with any other county 47,795
funds EXCEPT STATE SUBSIDY FUNDS GRANTED TO THE COUNTY PURSUANT 47,796
TO SECTION 5139.34 OF THE REVISED CODE; shall not be used for any
capital construction projects; upon an order of the juvenile 47,798
court and subject to appropriation by the board of county 47,799
commissioners, shall be disbursed to the juvenile court for use 47,800
in accordance with THE APPLICABLE PROVISIONS OF division (C)(2) 47,801
of this section; shall not revert to the county general fund at 47,802
the end of any fiscal year; and shall carry over in the felony 47,803
delinquent care and custody fund from the end of any fiscal year 47,804
to the next fiscal year. The moneys DISBURSED TO THE JUVENILE 47,805
COURT PURSUANT TO DIVISION (B) OF THIS SECTION AND DEPOSITED 47,806
PURSUANT TO THIS DIVISION in the FELONY DELINQUENT CARE AND 47,807
CUSTODY fund shall be in addition to, and shall not be used to 47,808
reduce, any usual annual increase in county funding that the 47,809
juvenile court is eligible to receive or the current level of 47,810
county funding of the juvenile court and of any programs or 47,811
services for delinquent children, unruly children, or juvenile 47,812
traffic offenders. 47,813
(2)(a) A COUNTY AND THE juvenile court THAT SERVES THE 47,815
COUNTY shall use the moneys in its felony delinquent care and 47,816
custody fund IN ACCORDANCE WITH RULES THAT THE DEPARTMENT OF 47,817
YOUTH SERVICES ADOPTS PURSUANT TO DIVISION (E) OF SECTION 5139.04 47,818
OF THE REVISED CODE AND as follows:
(i) To THE MONEYS IN THE FUND THAT REPRESENT STATE SUBSIDY 47,820
FUNDS GRANTED TO THE COUNTY PURSUANT TO SECTION 5139.34 OF THE 47,822
REVISED CODE SHALL BE USED TO AID IN THE SUPPORT OF PREVENTION, 47,823
EARLY INTERVENTION, DIVERSION, TREATMENT, AND REHABILITATION 47,824
PROGRAMS THAT ARE PROVIDED FOR ALLEGED OR ADJUDICATED UNRULY 47,825
CHILDREN OR DELINQUENT CHILDREN OR FOR CHILDREN WHO ARE AT RISK 47,826
OF BECOMING UNRULY CHILDREN OR DELINQUENT CHILDREN. THE COUNTY 47,827
1074
SHALL NOT USE FOR CAPITAL IMPROVEMENTS MORE THAN FIFTEEN PER CENT 47,828
OF THE MONEYS IN THE FUND THAT REPRESENT THE APPLICABLE ANNUAL 47,829
GRANT OF THOSE STATE SUBSIDY FUNDS. 47,831
(ii) THE MONEYS IN THE FUND THAT WERE DISBURSED TO THE 47,834
JUVENILE COURT PURSUANT TO DIVISION (B) OF THIS SECTION AND 47,835
DEPOSITED PURSUANT TO DIVISION (C)(1) OF THIS SECTION IN THE FUND 47,837
SHALL BE USED TO provide programs and services for the training, 47,838
treatment, or rehabilitation of felony delinquents that are 47,839
alternatives to their commitment to the department, including, 47,840
but not limited to, community residential programs, day treatment 47,841
centers, services within the home, and electronic monitoring; 47,842
(ii) In, AND SHALL BE USED IN connection with training, 47,844
treatment, rehabilitation, early intervention, or other programs 47,845
or services for any delinquent child, unruly child, or juvenile 47,846
traffic offender who is under the jurisdiction of the juvenile 47,847
court. For purposes of division (C)(2)(a)(ii) of this section, a 47,848
delinquent child includes a child who is so adjudicated for the 47,849
commission of an act that if committed by an adult would be a 47,850
misdemeanor or felony. 47,851
IF, DURING THE PREVIOUS STATE FISCAL YEAR, THE COUNTY DID 47,854
NOT EXCEED IN ANY MONTH ITS MONTHLY ALLOCATION AS DETERMINED
PURSUANT TO DIVISION (B)(1) OF THIS SECTION IN CONNECTION WITH 47,856
FELONY DELINQUENTS DESCRIBED IN DIVISIONS (B)(2)(a)(i) AND (ii) 47,858
OF THIS SECTION, THE MONEYS IN THE FUND THAT WERE DISBURSED TO 47,859
THE JUVENILE COURT PURSUANT TO DIVISION (B) OF THIS SECTION AND 47,861
DEPOSITED PURSUANT TO DIVISION (C)(1) OF THIS SECTION IN THE FUND 47,863
ALSO MAY BE USED FOR PREVENTION, EARLY INTERVENTION, DIVERSION, 47,864
TREATMENT, AND REHABILITATION PROGRAMS THAT ARE PROVIDED FOR 47,865
ALLEGED OR ADJUDICATED UNRULY CHILDREN, DELINQUENT CHILDREN, OR 47,866
JUVENILE TRAFFIC OFFENDERS OR FOR CHILDREN WHO ARE AT RISK OF 47,867
BECOMING UNRULY CHILDREN, DELINQUENT CHILDREN, OR JUVENILE 47,868
TRAFFIC OFFENDERS. CONSISTENT WITH DIVISION (C)(1) OF THIS 47,870
SECTION, A COUNTY AND THE JUVENILE COURT OF A COUNTY SHALL NOT 47,871
USE ANY OF THOSE MONEYS FOR CAPITAL CONSTRUCTION PROJECTS. 47,873
1075
(iii) THE COUNTY AND THE JUVENILE COURT THAT SERVES THE 47,876
COUNTY MAY NOT USE MONEYS IN THE FUND FOR THE PROVISION OF CARE 47,877
AND SERVICES FOR CHILDREN, INCLUDING, BUT NOT LIMITED TO, CARE 47,878
AND SERVICES IN A DETENTION FACILITY, IN ANOTHER FACILITY, OR IN 47,879
OUT-OF-HOME PLACEMENT, UNLESS THE MINIMUM STANDARDS THAT APPLY TO 47,880
THE CARE AND SERVICES AND THAT THE DEPARTMENT PRESCRIBES IN RULES 47,881
ADOPTED PURSUANT TO DIVISION (E) OF SECTION 5139.04 OF THE 47,883
REVISED CODE HAVE BEEN SATISFIED.
(b) Each juvenile court shall comply with division 47,885
(C)(3)(d) of this section as implemented by the department. If a 47,886
juvenile court fails to comply with that division and the 47,887
department is not able to reconcile fiscal accounting as a 47,888
consequence of the failure, the provisions of division (B)(4) of
this section shall apply. 47,889
(3) In accordance with rules adopted by the department 47,891
pursuant to DIVISION (E) OF section 5139.04 of the Revised Code, 47,893
each juvenile court AND THE COUNTY SERVED BY THAT JUVENILE COURT 47,894
shall do all of the following THAT APPLY: 47,895
(a) File with the department a plan pertaining THE 47,898
JUVENILE COURT SHALL PREPARE AN ANNUAL GRANT AGREEMENT AND 47,899
APPLICATION FOR FUNDING THAT SATISFIES THE REQUIREMENTS OF THIS 47,900
SECTION AND SECTION 5139.34 OF THE REVISED CODE AND THAT PERTAINS 47,901
to the use, upon an order of the juvenile court and subject to 47,902
appropriation by the board of county commissioners, of the moneys 47,903
in its felony delinquent care and custody fund for specified 47,904
programs, CARE, and services as described in division (C)(2)(a) 47,905
of this section, SHALL SUBMIT THAT AGREEMENT AND APPLICATION TO 47,907
THE COUNTY FAMILY AND CHILDREN FIRST COUNCIL, THE REGIONAL FAMILY 47,908
AND CHILDREN FIRST COUNCIL, OR THE LOCAL INTERSYSTEM SERVICES TO 47,909
CHILDREN CLUSTER AS DESCRIBED IN SECTIONS 121.37 AND 121.38 OF 47,910
THE REVISED CODE, WHICHEVER IS APPLICABLE, AND SHALL FILE THAT 47,912
AGREEMENT AND APPLICATION WITH THE DEPARTMENT FOR ITS APPROVAL. 47,913
The plan ANNUAL GRANT AGREEMENT AND APPLICATION FOR FUNDING shall 47,914
include a method of ensuring equal access for minority youth to 47,916
1076
the programs, CARE, and services SPECIFIED IN IT. 47,917
THE DEPARTMENT MAY APPROVE AN ANNUAL GRANT AGREEMENT AND 47,920
APPLICATION FOR FUNDING ONLY IF THE JUVENILE COURT INVOLVED HAS 47,921
COMPLIED WITH THE PREPARATION, SUBMISSION, AND FILING
REQUIREMENTS DESCRIBED IN DIVISION (C)(3)(a) OF THIS SECTION. IF 47,924
THE JUVENILE COURT COMPLIES WITH THOSE REQUIREMENTS AND THE 47,925
DEPARTMENT APPROVES THAT AGREEMENT AND APPLICATION, THE JUVENILE 47,926
COURT AND THE COUNTY SERVED BY THE JUVENILE COURT MAY EXPEND THE 47,927
STATE SUBSIDY FUNDS GRANTED TO THE COUNTY PURSUANT TO SECTION 47,928
5139.34 OF THE REVISED CODE ONLY IN ACCORDANCE WITH DIVISION 47,930
(C)(2)(a) OF THIS SECTION, THE RULES PERTAINING TO STATE SUBSIDY 47,932
FUNDS THAT THE DEPARTMENT ADOPTS PURSUANT TO DIVISION (E) OF 47,933
SECTION 5139.04 OF THE REVISED CODE, AND THE APPROVED AGREEMENT 47,934
AND APPLICATION.
(b) By the thirty-first day of January AUGUST of each 47,936
year, THE JUVENILE COURT SHALL file with the department a report 47,937
containing THAT CONTAINS all of the statistical and other 47,938
information for each month of the prior calendar STATE FISCAL 47,939
year that will permit the department to prepare the report 47,940
described in division (D) of this section; AND THE ANNUAL REPORT 47,941
DESCRIBED IN DIVISION (H) OF SECTION 5139.04 OF THE REVISED CODE. 47,942
IF THE JUVENILE COURT FAILS TO FILE THE REPORT REQUIRED BY 47,943
DIVISION (C)(3)(b) OF THIS SECTION BY THE THIRTY-FIRST DAY OF 47,946
AUGUST OF ANY YEAR, THE DEPARTMENT SHALL NOT DISBURSE ANY PAYMENT 47,947
OF STATE SUBSIDY FUNDS TO WHICH THE COUNTY OTHERWISE IS ENTITLED 47,948
PURSUANT TO SECTION 5139.34 OF THE REVISED CODE AND SHALL NOT 47,949
DISBURSE PURSUANT TO DIVISION (B)(3)(a) OR (b)(ii) OF THIS 47,951
SECTION THE REMAINDER OF THE APPLICABLE MONTHLY ALLOCATION OF THE 47,952
COUNTY UNTIL THE JUVENILE COURT FULLY COMPLIES WITH DIVISION 47,954
(C)(3)(b) OF THIS SECTION. 47,955
(c) If the department requires the juvenile court to 47,957
prepare monthly statistical reports for use under section 5139.42 47,958
of the Revised Code and to submit the reports on forms provided 47,959
by the department, THE JUVENILE COURT SHALL file those reports 47,960
1077
with the department on the forms so provided;. IF THE JUVENILE 47,961
COURT FAILS TO PREPARE AND SUBMIT THOSE MONTHLY STATISTICAL 47,962
REPORTS WITHIN THE DEPARTMENT'S TIMELINES, THE DEPARTMENT SHALL 47,963
NOT DISBURSE ANY PAYMENT OF STATE SUBSIDY FUNDS TO WHICH THE 47,964
COUNTY OTHERWISE IS ENTITLED PURSUANT TO SECTION 5139.34 OF THE 47,966
REVISED CODE AND SHALL NOT DISBURSE PURSUANT TO DIVISION 47,967
(B)(3)(a) OR (b)(ii) OF THIS SECTION THE REMAINDER OF THE 47,969
APPLICABLE MONTHLY ALLOCATION OF THE COUNTY UNTIL THE JUVENILE 47,970
COURT FULLY COMPLIES WITH DIVISION (C)(3)(c) OF THIS SECTION. 47,971
(d) If the department requires the juvenile court AND THE 47,973
COUNTY to participate in any A fiscal monitoring PROGRAM or other 47,975
ANOTHER MONITORING program that is conducted by the department to 47,976
ensure compliance by the juvenile court and its THE county with 47,977
division (C) of this section, THE JUVENILE COURT AND THE COUNTY 47,978
SHALL participate in the fiscal monitoring or other program and 47,979
fully comply with any guidelines for the performance of audits
adopted by the department pursuant to that program and all 47,980
requests made by the department pursuant to that program for 47,981
information necessary to reconcile fiscal accounting. IF AN 47,982
AUDIT THAT IS PERFORMED PURSUANT TO A FISCAL MONITORING PROGRAM 47,983
OR ANOTHER MONITORING PROGRAM DESCRIBED IN THIS DIVISION 47,984
DETERMINES THAT THE JUVENILE COURT OR THE COUNTY USED MONEYS IN 47,985
THE COUNTY'S FELONY DELINQUENT CARE AND CUSTODY FUND FOR EXPENSES 47,987
THAT ARE NOT AUTHORIZED UNDER DIVISION (C) OF THIS SECTION, 47,988
WITHIN FORTY-FIVE DAYS AFTER THE DEPARTMENT NOTIFIES THE COUNTY 47,989
OF THE UNAUTHORIZED EXPENDITURES, THE COUNTY EITHER SHALL REPAY 47,990
THE AMOUNT OF THE UNAUTHORIZED EXPENDITURES TO THE STATE'S 47,991
GENERAL REVENUE FUND OR SHALL FILE A WRITTEN APPEAL WITH THE 47,993
DEPARTMENT. IF AN APPEAL IS TIMELY FILED, THE DIRECTOR OF THE 47,994
DEPARTMENT SHALL RENDER A DECISION ON THE APPEAL AND SHALL NOTIFY 47,995
THE APPELLANT COUNTY OR ITS JUVENILE COURT OF THAT DECISION 47,996
WITHIN FORTY-FIVE DAYS AFTER THE DATE THAT THE APPEAL IS FILED. 47,997
IF THE DIRECTOR DENIES AN APPEAL, THE COUNTY'S FISCAL AGENT SHALL 47,998
REPAY THE AMOUNT OF THE UNAUTHORIZED EXPENDITURES TO THE STATE'S 47,999
1078
GENERAL REVENUE FUND WITHIN THIRTY DAYS AFTER RECEIVING THE 48,000
DIRECTOR'S NOTIFICATION OF THE APPEAL DECISION. IF THE COUNTY 48,001
FAILS TO MAKE THE REPAYMENT WITHIN THAT THIRTY-DAY PERIOD AND IF 48,004
THE UNAUTHORIZED EXPENDITURES PERTAIN TO MONEYS ALLOCATED UNDER 48,005
SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE, THE DEPARTMENT 48,007
SHALL DEDUCT THE AMOUNT OF THE UNAUTHORIZED EXPENDITURES FROM THE 48,009
NEXT MONTHLY ALLOCATION OF THOSE MONEYS TO THE COUNTY IN 48,011
ACCORDANCE WITH THIS SECTION OR FROM THE ALLOCATIONS THAT 48,013
OTHERWISE WOULD BE MADE UNDER THOSE SECTIONS TO THE COUNTY DURING 48,014
THE NEXT STATE FISCAL YEAR IN ACCORDANCE WITH THIS SECTION AND 48,016
SHALL RETURN THAT DEDUCTED AMOUNT TO THE STATE'S GENERAL REVENUE 48,017
FUND. IF THE COUNTY FAILS TO MAKE THE REPAYMENT WITHIN THAT 48,018
THIRTY-DAY PERIOD AND IF THE UNAUTHORIZED EXPENDITURES PERTAIN TO 48,019
MONEYS GRANTED PURSUANT TO SECTION 5139.34 OF THE REVISED CODE, 48,021
THE DEPARTMENT SHALL DEDUCT THE AMOUNT OF THE UNAUTHORIZED 48,022
EXPENDITURES FROM THE NEXT ANNUAL GRANT TO THE COUNTY PURSUANT TO 48,023
THAT SECTION AND SHALL RETURN THAT DEDUCTED AMOUNT TO THE STATE'S 48,024
GENERAL REVENUE FUND. 48,025
(D) On or prior to the first day of April DECEMBER of each 48,028
year, the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a 48,029
report that pertains to the operation of sections 5139.34 AND 48,030
5139.41 to 5139.45 of the Revised Code during the immediately 48,031
preceding calendar STATE FISCAL year and that includes, but is 48,032
not limited to, the following: 48,033
(1) A description of the programs, CARE, and services that 48,036
were financed under those sections in each county; 48,037
(2) The number of felony delinquents, other delinquent 48,039
children, unruly children, and juvenile traffic offenders served 48,040
by the programs, CARE, and services in each county; 48,041
(3) The total number of felony level delinquency children 48,043
adjudicated in each juvenile court to be delinquent children for 48,044
acts that if committed by an adult would be a felony AS FELONY 48,045
DELINQUENTS; 48,046
1079
(4) The total number of felony delinquents who were 48,048
committed by the juvenile court of each county to the department 48,049
and who were in the care and custody of an institution or a 48,050
community corrections facility; 48,051
(5) A breakdown of the felony delinquents described in 48,053
division (D)(4) of this section on the basis of the types and 48,054
degrees of felonies committed, the ages of the felony delinquents 48,055
at the time they committed the felonies, and the sex and race of 48,056
the felony delinquents. 48,057
Sec. 5139.86. (A) Each managing officer of an institution 48,066
or regional office under the jurisdiction of the department of 48,067
youth services, with the approval of the director of the 48,068
department, may establish local funds designated as follows: 48,069
(A)(1) The commissary fund, created and maintained for the 48,071
benefit of the children confined in the institution or placed in 48,072
the region. The revenue from the sale of commissary items shall 48,073
be deposited in the commissary fund. All profits of the 48,074
commissary fund shall be transferred to the credit of the 48,075
industrial and entertainment fund CAFETERIA FUND, CREATED AND 48,077
MAINTAINED FOR THE BENEFIT OF THE INSTITUTION, INTO WHICH SHALL 48,078
BE DEPOSITED ALL MONEY RECEIVED FROM THE SALE OF CAFETERIA MEALS. 48,079
THE FUND SHALL BE USED TO PAY COSTS OF PROVIDING EMPLOYEE MEALS, 48,080
AND TO REIMBURSE THE EMPLOYEE FOOD SERVICE FUND FOR AMOUNTS SPENT
FROM THAT FUND TO SUPPORT CAFETERIA OPERATIONS. REIMBURSEMENTS 48,081
TO THE EMPLOYEE FOOD SERVICE FUND SHALL BE MADE IN SUCH AMOUNTS 48,083
AND AT SUCH TIMES AS DIRECTED BY THE DIRECTOR OF BUDGET AND 48,085
MANAGEMENT.
(B)(2) The industrial and entertainment fund, created and 48,087
maintained for the benefit of the children confined in the 48,088
institution or placed in the region. The fund shall receive 48,089
profits from the commissary fund SALES, any vocational education 48,091
programs provided under section 5139.131 of the Revised Code, 48,092
vending machine leases, and yearbook sales; unclaimed youth 48,093
benefit funds; any moneys received from commissions on telephone 48,094
1080
systems established for the use of confined children; and any 48,095
amounts transferred to the fund pursuant to division (A) or (B) 48,098
of section 5139.85 of the Revised Code; AND ANY DONATIONS 48,099
DESIGNATED FOR THE BENEFIT OF CONFINED CHILDREN OR CHILDREN
PLACED IN THE REGION. Expenditures from the industrial and 48,101
entertainment fund shall be used solely for the benefit of the 48,102
children confined in the institution or placed in the region. 48,103
(C)(3) THE YOUTH BENEFIT FUND, CREATED AND MAINTAINED FOR 48,105
THE BENEFIT OF THE CHILDREN WHO ARE CONFINED IN THE INSTITUTION 48,106
OR PLACED IN THE REGION. THE FUND MAY RECEIVE AND DISBURSE ALL 48,107
BENEFITS THAT ARE DUE A CHILD, INCLUDING, BUT NOT LIMITED TO, 48,108
SOCIAL SECURITY PAYMENTS, RAILROAD RETIREMENT PAYMENTS, VETERANS 48,109
ADMINISTRATION PAYMENTS, ANY ALLOWANCES, AND ANY MONETARY 48,110
COMPENSATION OF THE CHILD AS PROVIDED IN SECTION 5139.07 OF THE
REVISED CODE.
(B) The managing officer of the institution or regional 48,112
office, subject to the approval of the director of the 48,113
department, shall establish rules POLICIES AND PROCEDURES for the 48,115
operation of the commissary CAFETERIA fund and the, industrial 48,116
and entertainment fund, AND YOUTH BENEFIT FUND. 48,118
(D)(C) THERE IS HEREBY CREATED IN THE STATE TREASURY THE 48,121
EMPLOYEE FOOD SERVICE FUND, CONSISTING OF MONEY RECEIVED FROM 48,122
INSTITUTIONAL CAFETERIAS AND MONEY RECEIVED FROM THE SALE OF
SURPLUS PROPERTY. THE FUND SHALL BE USED TO PURCHASE FOOD, 48,123
SUPPLIES, AND CAFETERIA EQUIPMENT FOR THE INSTITUTIONS. 48,124
(D) As used in this section, "profits" means the revenue 48,126
from the sale of commissary items over and above operating costs 48,127
and a reserve established by the managing officer of the 48,128
institution. 48,129
Sec. 5153.16. (A) As used in this section and section 48,138
5153.164 of the Revised Code, "child care facility" means a 48,139
public twenty-four-hour residential facility for six or more 48,140
children. 48,141
(B) Subject to the EXCEPT AS PROVIDED IN SECTION 2151.422 48,143
1081
OF THE REVISED CODE, IN ACCORDANCE WITH rules and standards of 48,145
the state department of human services, and on behalf of children 48,146
in the county whom the PUBLIC children services agency considers 48,148
to be in need of public care or protective services, the public 48,150
children services agency shall do all of the following: 48,151
(1) Make an investigation concerning any child alleged to 48,153
be an abused, neglected, or dependent child; 48,154
(2) Enter into agreements with the parent, guardian, or 48,156
other person having legal custody of any child, or with the state 48,158
department of human services, department of mental health,
department of mental retardation and developmental disabilities, 48,159
other department, any certified organization within or outside 48,160
the county, or any agency or institution outside the state, 48,161
having legal custody of any child, with respect to the custody, 48,162
care, or placement of any child, or with respect to any matter, 48,164
in the interests of the child, provided the permanent custody of 48,165
a child shall not be transferred by a parent to the public 48,166
children services agency without the consent of the juvenile 48,167
court;
(3) Accept custody of children committed to the public 48,169
children services agency by a court exercising juvenile 48,171
jurisdiction;
(4) Provide such care as the public children services 48,174
agency considers to be in the best interests of any child 48,175
adjudicated to be an abused, neglected, or dependent child the 48,176
agency finds to be in need of public care or service; 48,177
(5) Provide social services to any unmarried girl 48,179
adjudicated to be an abused, neglected, or dependent child who is 48,181
pregnant with or has been delivered of a child; 48,182
(6) Make available to the bureau for children with medical 48,184
handicaps of the department of health at its request any 48,185
information concerning a crippled child found to be in need of 48,186
treatment under sections 3701.021 to 3701.028 of the Revised Code 48,187
who is receiving services from the public children services 48,189
1082
agency;
(7) Provide temporary emergency care for any child 48,191
considered by the public children services agency to be in need 48,193
of such care, without agreement or commitment; 48,194
(8) Find family foster homes, within or outside the 48,196
county, for the care of children, including handicapped children 48,197
from other counties attending special schools in the county; 48,198
(9) Subject to the approval of the board of county 48,200
commissioners and the state department of human services, 48,201
establish and operate a training school or enter into an 48,202
agreement with any municipal corporation or other political 48,203
subdivision of the county respecting the operation, acquisition, 48,204
or maintenance of any children's home, training school, or other 48,205
institution for the care of children maintained by such municipal 48,206
corporation or political subdivision; 48,207
(10) Acquire and operate a county children's home, 48,209
establish, maintain, and operate a receiving home for the 48,210
temporary care of children, or procure family foster homes for 48,211
this purpose; 48,212
(11) Enter into an agreement with the trustees of any 48,214
district children's home, respecting the operation of the 48,215
district children's home in cooperation with the other county 48,216
boards in the district; 48,217
(12) Cooperate with, make its services available to, and 48,219
act as the agent of persons, courts, the department of human 48,220
services, the department of health, and other organizations 48,221
within and outside the state, in matters relating to the welfare 48,222
of children, except that the public children services agency 48,223
shall not be required to provide supervision of or other services 48,224
related to the exercise of companionship or visitation rights 48,225
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 48,226
Revised Code unless a juvenile court, pursuant to Chapter 2151. 48,227
of the Revised Code, or a common pleas court, pursuant to 48,228
division (E)(6) of section 3113.31 of the Revised Code, requires 48,229
1083
the provision of supervision or other services related to the 48,231
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 48,233
superintendent of schools in the county or the principal of any 48,234
school concerning the application of any child adjudicated to be 48,235
an abused, neglected, or dependent child for release from school, 48,236
where such service is not provided through a school attendance 48,237
department;
(14) Administer funds provided under Title IV-E of the 48,239
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 48,240
amended, in accordance with rules adopted by the state department 48,241
of human services under section 5101.141 of the Revised Code; 48,242
(15) In addition to administering Title IV-E adoption 48,244
assistance funds, enter into agreements to make adoption 48,245
assistance payments under section 5153.163 of the Revised Code; 48,246
(16) On or before the fifteenth day of April of each year, 48,248
conduct, or contract with an independent contractor to conduct, 48,249
an annual evaluation of the services provided by the public 48,250
children services agency to children under its care, including, 48,252
but not limited to, services provided in child care facilities 48,253
during the previous calendar year under the plan required by
division (D) of section 5101.14 of the Revised Code; 48,254
(17) Implement a system of risk assessment, in accordance 48,256
with rules adopted by the state department of human services, to 48,257
assist the public children services agency in determining the 48,258
risk of abuse or neglect to a child. 48,259
(C)(B) The public children services agency shall use the 48,261
system implemented pursuant to division (B)(17)(16) of this 48,263
section in connection with an investigation undertaken pursuant 48,265
to division (F)(1) of section 2151.421 of the Revised Code and 48,266
may use the system at any other time the agency is involved with 48,267
any child when the agency determines that risk assessment is 48,268
necessary.
(D) Subject to the (C) EXCEPT AS PROVIDED IN SECTION 48,270
1084
2151.422 OF THE REVISED CODE, IN ACCORDANCE WITH rules and 48,272
standards of the state department of human services, and on 48,273
behalf of children in the county whom the public children 48,274
services agency considers to be in need of public care or
protective services, the public children services agency may 48,275
provide DO THE FOLLOWING: 48,276
(1) PROVIDE or find, with other child serving systems, 48,279
treatment foster care for the care of children in a treatment 48,280
foster home, as defined in section 2151.011 of the Revised Code; 48,281
(2)(a) AS LIMITED BY DIVISION (C)(2)(b) OF THIS SECTION, 48,285
CONTRACT WITH THE FOLLOWING FOR THE PURPOSE OF ASSISTING THE 48,286
AGENCY WITH ITS DUTIES:
(i) COUNTY DEPARTMENTS OF HUMAN SERVICES; 48,288
(ii) BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 48,291
SERVICES;
(iii) COUNTY BOARDS OF MENTAL RETARDATION AND 48,293
DEVELOPMENTAL DISABILITIES; 48,294
(iv) REGIONAL COUNCILS OF POLITICAL SUBDIVISIONS 48,296
ESTABLISHED UNDER CHAPTER 167. OF THE REVISED CODE; 48,299
(v) PUBLIC AND PRIVATE PROVIDERS OF SERVICES; 48,301
(vi) MANAGED CARE ORGANIZATIONS AND PREPAID HEALTH PLANS. 48,304
(b) A PUBLIC CHILDREN SERVICES AGENCY CONTRACT UNDER 48,307
DIVISION (C)(2)(a) OF THIS SECTION REGARDING THE AGENCY'S DUTIES 48,309
UNDER SECTION 2151.421 OF THE REVISED CODE MAY NOT PROVIDE FOR 48,311
THE ENTITY UNDER CONTRACT WITH THE AGENCY TO PERFORM ANY SERVICE 48,312
NOT AUTHORIZED BY THE DEPARTMENT'S RULES. 48,313
Sec. 5153.161. Care provided by the county PUBLIC children 48,322
services board or county department of human services AGENCY 48,324
under division (B)(A)(4) of section 5153.16 of the Revised Code 48,326
shall be provided by the board or county department AGENCY, by 48,327
its own means or through other available resources, in the 48,328
child's own home, in the home of a relative, or in a certified 48,329
family foster home, any other home approved by the court, 48,330
receiving home, school, hospital, convalescent home, or other 48,331
1085
public or private institution within or outside the county or 48,332
state.
Sec. 5153.162. Pursuant to an agreement entered into under 48,341
division (B)(A)(9) of section 5153.16 of the Revised Code 48,342
respecting the operation, acquisition, or maintenance of a 48,344
children's home, training school, or other institution for the 48,345
care of children maintained by a municipal corporation or other 48,346
political subdivision, the county PUBLIC children services board 48,347
or county department of human services AGENCY may acquire, 48,349
operate, and maintain such an institution. The board or county 48,351
department AGENCY may enter into an agreement with a municipal 48,353
corporation, a board of education, and the board of county 48,354
commissioners, or with any one of them, to provide for the 48,355
maintenance and operation of children's training schools. The 48,356
agreement may provide for the contribution of funds by the 48,357
municipal corporation, board of education, or board of county 48,358
commissioners, in such proportions and amounts as the agreement 48,359
states. The agreement also may provide for the operation and 48,360
supervision of the training school by any one of them, or by the 48,361
joint action of two or more of them, provided that municipal 48,362
corporations, boards of education, and boards of county 48,363
commissioners may expend moneys from their general funds for 48,364
maintaining and operating the joint children's training school. 48,365
Sec. 5301.67. As used in sections 5301.67 to 5301.70 of 48,374
the Revised Code, "conservation easement" means an incorporeal 48,375
right or interest in land that is held for the public purpose of 48,376
retaining land, water, or wetland areas predominantly in their 48,377
natural, scenic, open, or wooded condition, RETAINING THEIR USE 48,378
PREDOMINANTLY in agricultural, AGRICULTURE OR IN horticultural, 48,380
silvicultural, or other farming or forest use, or PREDOMINANTLY 48,381
as suitable habitat for fish, plants, or wildlife; that imposes 48,382
any limitations on the use or development of the areas that are
appropriate at the time of creation of the conservation easement 48,383
to achieve one or more of such purposes; and that includes 48,384
1086
appropriate provisions for the holder to enter the property 48,385
subject to the easement at reasonable times to ensure compliance 48,386
with its provisions. 48,387
Sec. 5301.68. An owner of land may grant a conservation 48,396
easement to the department of natural resources, THE DEPARTMENT 48,397
OF AGRICULTURE, a park district created under Chapter 1545. of 48,398
the Revised Code, a township park district created under section 48,399
511.18 of the Revised Code, a conservancy district created under 48,400
Chapter 6101. of the Revised Code, a soil and water conservation 48,401
district created under Chapter 1515. of the Revised Code, a 48,402
county, a township, a municipal corporation, or a charitable 48,403
organization that is authorized to hold conservation easements by
division (B) of section 5301.69 of the Revised Code, in the form 48,404
of articles of dedication, easement, covenant, restriction, or 48,405
condition.
All conservation easements shall be executed and recorded 48,407
in the same manner as other instruments conveying interests in 48,408
land.
Sec. 5301.69. (A) The director of natural resources, the 48,417
board of park commissioners of a park district created under 48,419
Chapter 1545. of the Revised Code, the board of park 48,420
commissioners of a township park district created under section
511.18 of the Revised Code, the board of directors of a 48,422
conservancy district created under Chapter 6101. of the Revised 48,423
Code, the board of supervisors of a soil and water conservation
district created under Chapter 1515. of the Revised Code, the 48,424
board of county commissioners of a county, the board of township 48,425
trustees of a township, or the legislative authority of a 48,426
municipal corporation, FOR ANY OF THE PURPOSES ENUMERATED IN 48,427
SECTION 5301.67 OF THE REVISED CODE, may acquire conservation 48,428
easements in the name of the state, the district, or the county, 48,429
township, or municipal corporation in the same manner as other 48,430
interests in land may be acquired under section 307.02, 307.18, 48,431
505.10, 505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or 48,432
1087
6101.15 of the Revised Code, and each. THE DIRECTOR OF 48,433
AGRICULTURE, FOR ANY OF THE PURPOSES ENUMERATED IN SECTION
5301.67 OF THE REVISED CODE, AND IN THE MANNER PROVIDED IN 48,434
SECTION 901.21 OF THE REVISED CODE, MAY ACQUIRE CONSERVATION 48,435
EASEMENTS IN THE NAME OF THE STATE. EACH officer, board, or 48,436
authority acquiring a conservation easement shall name an
appropriate administrative officer, department, or division to 48,437
supervise and enforce the easement. 48,438
(B) A charitable organization may acquire and hold 48,440
conservation easements if it is exempt from federal taxation 48,441
under subsection 501(a) and is described in subsection 501(c) of 48,442
the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as 48,444
amended, and organized for any of the following purposes: the 48,445
preservation of land areas for public outdoor recreation or 48,446
education, or scenic enjoyment; the preservation of historically 48,447
important land areas or structures; or the protection of natural 48,448
environmental systems; OR THE PRESERVATION OF THE USE OF LAND 48,449
AREAS IN AGRICULTURE OR IN HORTICULTURAL, SILVICULTURAL, OR OTHER 48,450
FARMING OR FOREST PRODUCTION.
(C) THE OFFICERS, BOARDS, AND AUTHORITIES ENUMERATED IN 48,453
DIVISION (A) OF THIS SECTION, IN ADDITION TO THEIR OTHER POWERS, 48,454
MAY HOLD LAND OR INTERESTS IN LAND FOR THE PURPOSE OF RETAINING 48,455
THE USE OF THE LAND IN AGRICULTURE, OR IN HORTICULTURAL, 48,456
SILVICULTURAL, OR OTHER FARMING OR FOREST PRODUCTION. THOSE 48,457
OFFICERS, BOARDS, AND AUTHORITIES MAY DO ANYTHING NECESSARY OR 48,458
APPROPRIATE TO ACHIEVE THAT PURPOSE, INCLUDING, WITHOUT 48,459
LIMITATION, PERFORMING ANY OF THE ACTIVITIES DESCRIBED IN SECTION 48,460
1.61 OF THE REVISED CODE OR ENTERING INTO CONTRACTS TO LEASE OR 48,462
RENT THE LAND OR INTERESTS IN LAND SO HELD TO PERSONS OR 48,463
GOVERNMENTAL ENTITIES WHO WILL USE THE LAND IN AGRICULTURE OR IN 48,464
HORTICULTURAL, SILVICULTURAL, OR OTHER FARMING OR FOREST 48,465
PRODUCTION.
Sec. 5501.38. THE DIRECTOR OF TRANSPORTATION HAS 48,467
DETERMINED THAT IT IS FEASIBLE TO USE IN THE CONSTRUCTION OF 48,468
1088
HIGHWAYS SANDS, GRAVEL, AND SOILS THAT CONTAIN VARYING AMOUNTS OF 48,469
PETROLEUM PRODUCTS RESULTING FROM THE UPGRADING OF UNDERGROUND 48,470
STORAGE TANKS. IN ORDER TO MAXIMIZE THE BENEFICIAL REUSE OF 48,471
THESE PETROLEUM CONTAMINATED SANDS, GRAVEL, AND SOILS, THE 48,472
DIRECTOR SHALL ESTABLISH A PROGRAM TO PROMOTE THE REUSE OF THESE 48,473
MATERIALS AS HIGHWAY CONSTRUCTION MATERIALS. 48,474
NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE 48,476
DATE OF THIS SECTION, THE DIRECTOR OF TRANSPORTATION, IN 48,477
CONSULTATION WITH THE CHIEF OF THE BUREAU OF UNDERGROUND STORAGE 48,478
TANKS AND THE DIRECTOR OF ENVIRONMENTAL PROTECTION, SHALL ISSUE 48,479
HIGHWAY CONSTRUCTION SPECIFICATIONS THAT FACILITATE THE REUSE OF 48,481
PETROLEUM CONTAMINATED SANDS, GRAVEL, AND SOILS THAT ARE REMOVED
DURING THE REPAIR, REMOVAL, OR CLOSURE OF UNDERGROUND STORAGE 48,482
TANKS THAT ARE UNDER THE JURISDICTION OF THE CHIEF OF THE BUREAU 48,483
OF UNDERGROUND STORAGE TANKS. FOLLOWING ISSUANCE OF THE 48,485
SPECIFICATIONS, THE DIRECTOR OF TRANSPORTATION SHALL PREPARE AND 48,486
DISTRIBUTE TO ANY INTERESTED PARTY INFORMATION DESCRIBING THE 48,487
PROGRAM OF THE DEPARTMENT TO FACILITATE THE REUSE OF SUCH 48,488
PETROLEUM CONTAMINATED SANDS, GRAVEL, AND SOILS IN THE 48,489
CONSTRUCTION OF HIGHWAYS. 48,490
IN ORDER TO ACCUMULATE A SUFFICIENT AND READY SUPPLY OF 48,492
PETROLEUM CONTAMINATED SANDS, GRAVEL, AND SOILS THAT MEET THE 48,493
SPECIFICATIONS, THE DIRECTOR OF TRANSPORTATION IS AUTHORIZED TO 48,494
CONSTRUCT AND OPERATE TEMPORARY COVERED STRUCTURES IN LOCATIONS 48,495
THAT ARE IN CLOSE PROXIMITY TO HIGHWAY PROJECTS AND ACCUMULATE 48,497
BULK QUANTITIES OF THESE SANDS, GRAVEL, AND SOILS FOR REUSE.
THESE MATERIALS SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF 48,498
TRANSPORTATION AND ITS CONTRACTORS FOR REUSE ON HIGHWAY 48,500
CONSTRUCTION PROJECTS.
AS USED IN THIS SECTION, "PETROLEUM" HAS THE SAME MEANING 48,502
AS IN DIVISION (J) OF SECTION 3737.87 OF THE REVISED CODE, EXCEPT 48,505
THAT IT DOES NOT INCLUDE USED OIL.
Sec. 5701.01. As used in Title LVII of the Revised Code, 48,514
"person" includes INDIVIDUALS, firms, companies, BUSINESS TRUSTS, 48,516
1089
ESTATES, TRUSTS, PARTNERSHIPS, limited liability companies, 48,517
associations, and corporations, AND ANY OTHER BUSINESS ENTITIES. 48,518
Sec. 5701.05. As used in Title LVII of the Revised Code 48,527
OTHER THAN IN DIVISION (A)(7) OF SECTION 5733.056 OF THE REVISED 48,528
CODE, "deposits" includes every deposit which the person owning, 48,529
holding in trust, or having the beneficial interest therein is 48,530
entitled to withdraw in money, whether on demand or not, and 48,532
whether evidenced by commercial or checking account, certificate
of deposit, savings account, certificates of running, or other 48,534
withdrawable stock, or otherwise, excepting: 48,536
(A) Unearned premiums and surrender values under policies 48,538
of insurance;
(B) Such deposits in financial institutions outside this 48,540
state as yield annual income by way of interest or dividends in 48,542
excess of four per cent of the principal sum so withdrawable. 48,543
Sec. 5703.21. (A) Except as provided in divisions (B), 48,552
(C), and (D) of this section, no agent of the department of 48,553
taxation, except in the agent's report to the department or when 48,554
called on to testify in any court or proceeding, shall divulge 48,555
any information acquired by the agent as to the transactions, 48,556
property, or business of any person while acting or claiming to 48,558
act under orders of the department. Whoever violates this 48,559
provision shall thereafter be disqualified from acting as an 48,560
officer or employee or in any other capacity under appointment or 48,561
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 48,563
of the Revised Code, or an audit of the department pursuant to 48,564
Chapter 117. of the Revised Code, or an audit, pursuant to such 48,565
chapter, the objective of which is to express an opinion on a 48,566
financial report or statement prepared or issued pursuant to 48,567
division (F)(G) or (H)(I) of section 126.21 of the Revised Code, 48,569
the officers and employees of the auditor of state charged with 48,570
conducting the audit shall have access to and the right to 48,571
examine any state tax returns and state tax return information in 48,572
1090
the possession of the department to the extent that such access 48,573
and examination are necessary for purposes of the audit. Any 48,574
information acquired as the result of such access and examination 48,575
shall not be divulged for any purpose other than as required for 48,576
such audit or unless the officers and employees are required to 48,577
testify in a court or proceeding under compulsion of legal 48,578
process. Whoever violates this provision shall thereafter be 48,579
disqualified from acting as an officer or employee or in any 48,580
other capacity under appointment or employment of the auditor of 48,581
state. 48,582
(2) As provided by section 6103(d)(2) of the Internal 48,584
Revenue Code, any federal tax returns or federal tax information 48,585
which the department has acquired from the internal revenue 48,586
service, through federal and state statutory authority, may be 48,587
disclosed to the auditor of state solely for purposes of an audit 48,588
of the department. 48,589
(C) Division (A) of this section does not prohibit 48,591
divulging information contained in applications, complaints, and 48,592
related documents filed with the department under section 5715.27 48,593
of the Revised Code, or in applications filed with the department 48,594
under section 5715.39 of the Revised Code. 48,595
(D) Division (A) of this section does not prohibit the 48,597
department of taxation providing information to the division of 48,598
child support within the department of human services, or a child 48,599
support enforcement agency, pursuant to division (G)(2) of 48,600
section 5101.31 of the Revised Code.
Sec. 5709.62. (A) In any municipal corporation that is 48,609
defined by the United States office of management and budget as a 48,610
central city of a metropolitan statistical area, the legislative 48,611
authority of the municipal corporation may designate one or more 48,612
areas within its municipal corporation as proposed enterprise 48,613
zones. Upon designating an area, the legislative authority shall 48,614
petition the director of development for certification of the 48,615
area as having the characteristics set forth in division (A)(1) 48,616
1091
of section 5709.61 of the Revised Code as amended by Substitute 48,617
Senate Bill No. 19 of the 120th general assembly. Except as 48,618
otherwise provided in division (E) of this section, on and after 48,619
July 1, 1994, legislative authorities shall not enter into 48,620
agreements under this section unless the legislative authority 48,621
has petitioned the director and the director has certified the 48,622
zone under this section as amended by that act; however, all 48,623
agreements entered into under this section as it existed prior to 48,624
July 1, 1994, and the incentives granted under those agreements 48,625
shall remain in effect for the period agreed to under those 48,626
agreements. Within sixty days after receiving such a petition, 48,627
the director shall determine whether the area has the 48,628
characteristics set forth in division (A)(1) of section 5709.61 48,629
of the Revised Code, and shall forward the findings to the 48,631
legislative authority of the municipal corporation. If the 48,632
director certifies the area as having those characteristics, and 48,633
thereby certifies it as a zone, the legislative authority may 48,634
enter into an agreement with an enterprise under division (C) of 48,635
this section. 48,636
(B) Any enterprise that wishes to enter into an agreement 48,638
with a municipal corporation under division (C) of this section 48,639
shall submit a proposal to the legislative authority of the 48,640
municipal corporation on a form prescribed by the director of 48,641
development, together with the application fee established under 48,642
section 5709.68 of the Revised Code. The form shall require the 48,643
following information: 48,644
(1) An estimate of the number of new employees whom the 48,646
enterprise intends to hire, or of the number of employees whom 48,647
the enterprise intends to retain, within the zone at a facility 48,648
that is a project site, and an estimate of the amount of payroll 48,649
of the enterprise attributable to these employees; 48,650
(2) An estimate of the amount to be invested by the 48,652
enterprise to establish, expand, renovate, or occupy a facility, 48,653
including investment in new buildings, additions or improvements 48,654
1092
to existing buildings, machinery, equipment, furniture, fixtures, 48,655
and inventory; 48,656
(3) A listing of the enterprise's current investment, if 48,658
any, in a facility as of the date of the proposal's submission. 48,659
The enterprise shall review and update the listings 48,661
required under this division to reflect material changes, and any 48,662
agreement entered into under division (C) of this section shall 48,663
set forth final estimates and listings as of the time the 48,664
agreement is entered into. The legislative authority may, on a 48,665
separate form and at any time, require any additional information 48,666
necessary to determine whether an enterprise is in compliance 48,667
with an agreement and to collect the information required to be 48,668
reported under section 5709.68 of the Revised Code. 48,669
(C) Upon receipt and investigation of a proposal under 48,671
division (B) of this section, if the legislative authority finds 48,672
that the enterprise submitting the proposal is qualified by 48,673
financial responsibility and business experience to create and 48,674
preserve employment opportunities in the zone and improve the 48,675
economic climate of the municipal corporation, the legislative 48,676
authority, on or before December 31, 1997 1998, may do one of the 48,679
following: 48,680
(1) Enter into an agreement with the enterprise under 48,682
which the enterprise agrees to establish, expand, renovate, or 48,683
occupy a facility and hire new employees, or preserve employment 48,684
opportunities for existing employees, in return for one or more 48,685
of the following incentives: 48,686
(a) Exemption for a specified number of years, not to 48,688
exceed ten, of a specified portion, up to seventy-five per cent, 48,689
of the assessed value of tangible personal property first used in 48,690
business at the project site as a result of the agreement. An 48,691
exemption granted pursuant to this division applies to inventory 48,692
required to be listed pursuant to sections 5711.15 and 5711.16 of 48,693
the Revised Code, except that, in the instance of an expansion or 48,694
other situations in which an enterprise was in business at the 48,695
1093
facility prior to the establishment of the zone, the inventory 48,696
which is exempt is that amount or value of inventory in excess of 48,697
the amount or value of inventory required to be listed in the 48,698
personal property tax return of the enterprise in the return for 48,699
the tax year in which the agreement is entered into. 48,700
(b) Exemption for a specified number of years, not to 48,702
exceed ten, of a specified portion, up to seventy-five per cent, 48,703
of the increase in the assessed valuation of real property 48,704
constituting the project site subsequent to formal approval of 48,705
the agreement by the legislative authority; 48,706
(c) Provision for a specified number of years, not to 48,708
exceed ten, of any optional services or assistance that the 48,709
municipal corporation is authorized to provide with regard to the 48,710
project site. 48,711
(2) An agreement under which the enterprise agrees to 48,713
remediate an environmentally contaminated facility, to spend an 48,714
amount equal to at least two hundred fifty per cent of the true 48,715
value in money of the real property of the facility prior to 48,716
remediation as determined for the purposes of property taxation 48,717
to establish, expand, renovate, or occupy the remediated 48,718
facility, and to hire new employees or preserve employment 48,719
opportunities for existing employees at the remediated facility, 48,720
in return for one or more of the following incentives: 48,721
(a) Exemption for a specified number of years, not to 48,723
exceed ten, of a specified portion, not to exceed fifty per cent, 48,724
of the assessed valuation of the real property of the facility 48,725
prior to remediation; 48,726
(b) Exemption for a specified number of years, not to 48,728
exceed ten, of a specified portion, not to exceed one hundred per 48,729
cent, of the increase in the assessed valuation of the real 48,730
property of the facility during or after remediation; 48,731
(c) The incentive under division (C)(1)(a) of this 48,733
section, except that the percentage of the assessed value of such 48,734
property exempted from taxation shall not exceed one hundred per 48,735
1094
cent; 48,736
(d) The incentive under division (C)(1)(c) of this 48,738
section. 48,739
(3) Enter into an agreement with an enterprise that plans 48,741
to purchase and operate a large manufacturing facility that has 48,742
ceased operation or announced its intention to cease operation, 48,743
in return for exemption for a specified number of years, not to 48,744
exceed ten, of a specified portion, up to one hundred per cent, 48,745
of the assessed value of tangible personal property used in 48,746
business at the project site as a result of the agreement, or of 48,747
the assessed valuation of real property constituting the project 48,748
site, or both. 48,749
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 48,751
section, the portion of the assessed value of tangible personal 48,752
property or of the increase in the assessed valuation of real 48,753
property exempted from taxation under those divisions may exceed 48,754
seventy-five per cent in any year for which that portion is 48,755
exempted if the average percentage exempted for all years in 48,756
which the agreement is in effect does not exceed sixty per cent, 48,757
or if the board of education of the city, local, or exempted 48,758
village school district within the territory of which the 48,759
property is or will be located approves a percentage in excess of 48,760
seventy-five per cent. For the purpose of obtaining such 48,761
approval, the legislative authority shall deliver to the board of 48,762
education a notice not later than forty-five days prior to 48,763
approving the agreement, excluding Saturdays, Sundays, and legal 48,765
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 48,767
the true value of the property to be exempted, and the number of 48,768
years the property is to be exempted. The board of education, by 48,769
resolution adopted by a majority of the board, shall approve or 48,770
disapprove the agreement and certify a copy of the resolution to 48,771
the legislative authority not later than fourteen days prior to 48,772
the date stipulated by the legislative authority as the date upon 48,773
1095
which approval of the agreement is to be formally considered by 48,774
the legislative authority. The board of education may include in 48,775
the resolution conditions under which the board would approve the 48,776
agreement, including the execution of an agreement to compensate 48,777
the school district under division (B) of section 5709.82 of the 48,778
Revised Code. The legislative authority may approve the 48,779
agreement at any time after the board of education certifies its 48,780
resolution approving the agreement to the legislative authority, 48,781
or, if the board approves the agreement conditionally, at any 48,782
time after the conditions are agreed to by the board and the 48,783
legislative authority.
If a board of education has adopted a resolution waiving 48,785
its right to approve agreements and the resolution remains in 48,787
effect, approval of an agreement by the board is not required 48,788
under this division. If a board of education has adopted a 48,789
resolution allowing a legislative authority to deliver the notice 48,790
required under this division fewer than forty-five business days 48,791
prior to the legislative authority's approval of the agreement, 48,792
the legislative authority shall deliver the notice to the board 48,793
not later than the number of days prior to such approval as 48,794
prescribed by the board in its resolution. If a board of 48,795
education adopts a resolution waiving its right to approve 48,796
agreements or shortening the notification period, the board shall 48,797
certify a copy of the resolution to the legislative authority. 48,798
If the board of education rescinds such a resolution, it shall 48,799
certify notice of the rescission to the legislative authority. 48,800
(2) The legislative authority shall comply with section 48,802
5709.83 of the Revised Code unless the board of education has 48,805
adopted a resolution under that section waiving its right to 48,806
receive such notice.
(E) This division applies to zones certified by the 48,808
director of development under this section prior to the effective 48,809
date of this section as amended by Substitute Senate Bill No. 19 48,810
of the 120th general assembly JULY 22, 1994. 48,812
1096
On or before December 31, 1997 1998, the legislative 48,815
authority that designated a zone to which this division applies 48,816
may enter into an agreement with an enterprise if the legislative 48,817
authority makes the finding required under that division and 48,818
determines that the enterprise satisfies one of the criteria 48,819
described in divisions (E)(1) to (5) of this section: 48,820
(1) The enterprise currently has no operations in this 48,822
state and, subject to approval of the agreement, intends to 48,823
establish operations in the zone; 48,824
(2) The enterprise currently has operations in this state 48,826
and, subject to approval of the agreement, intends to establish 48,827
operations at a new location in the zone that would not result in 48,828
a reduction in the number of employee positions at any of the 48,829
enterprise's other locations in this state; 48,830
(3) The enterprise, subject to approval of the agreement, 48,832
intends to relocate operations, currently located in another 48,833
state, to the zone; 48,834
(4) The enterprise, subject to approval of the agreement, 48,836
intends to expand operations at an existing site in the zone that 48,837
the enterprise currently operates; 48,838
(5) The enterprise, subject to approval of the agreement, 48,840
intends to relocate operations, currently located in this state, 48,841
to the zone, and the director of development has issued a waiver 48,842
for the enterprise under division (B) of section 5709.633 of the 48,843
Revised Code. 48,844
The agreement shall require the enterprise to agree to 48,846
establish, expand, renovate, or occupy a facility in the zone and 48,847
hire new employees, or preserve employment opportunities for 48,848
existing employees, in return for one or more of the incentives 48,849
described in division (C) of this section. 48,850
(F) All agreements entered into under this section shall 48,852
be in the form prescribed under section 5709.631 of the Revised 48,853
Code. After an agreement is entered into under this division, if 48,854
the legislative authority revokes its designation of a zone, or 48,855
1097
if the director of development revokes the zone's certification, 48,856
any entitlements granted under the agreement shall continue for 48,857
the number of years specified in the agreement. 48,858
(G) Except as otherwise provided in this division, an 48,860
agreement entered into under this section shall require that the 48,861
enterprise pay an annual fee equal to the greater of one per cent 48,862
of the dollar value of incentives offered under the agreement or 48,863
five hundred dollars; provided, however, that if the value of the 48,864
incentives exceeds two hundred fifty thousand dollars, the fee 48,865
shall not exceed two thousand five hundred dollars. The fee 48,866
shall be payable to the legislative authority once per year for 48,867
each year the agreement is effective on the days and in the form 48,868
specified in the agreement. Fees paid shall be deposited in a 48,869
special fund created for such purpose by the legislative 48,870
authority and shall be used by the legislative authority 48,871
exclusively for the purpose of complying with section 5709.68 of 48,872
the Revised Code and by the tax incentive review council created 48,873
under section 5709.85 of the Revised Code exclusively for the 48,874
purposes of performing the duties prescribed under that section. 48,875
The legislative authority may waive or reduce the amount of the 48,876
fee charged against an enterprise, but such a waiver or reduction 48,877
does not affect the obligations of the legislative authority or 48,878
the tax incentive review council to comply with section 5709.68 48,879
or 5709.85 of the Revised Code. 48,880
(H) When an agreement is entered into pursuant to this 48,882
section, the legislative authority authorizing the agreement 48,883
shall forward a copy of the agreement to the director of 48,884
development and to the tax commissioner within fifteen days after 48,885
the agreement is entered into. 48,886
(I) After an agreement is entered into, the enterprise 48,888
shall file with each personal property tax return required to be 48,889
filed while the agreement is in effect, an informational return, 48,890
on a form prescribed by the tax commissioner for that purpose, 48,891
setting forth separately the property, and related costs and 48,892
1098
values, exempted from taxation under the agreement. 48,893
(J) Enterprises may agree to give preference to residents 48,895
of the zone within which the agreement applies relative to 48,896
residents of this state who do not reside in the zone when hiring 48,897
new employees under the agreement. 48,898
(K) An agreement entered into under this section may 48,900
include a provision requiring the enterprise to create one or 48,901
more temporary internship positions for students enrolled in a 48,902
course of study at a school or other educational institution in 48,903
the vicinity, and to create a scholarship or provide another form 48,904
of educational financial assistance for students holding such a 48,905
position in exchange for the student's commitment to work for the 48,906
enterprise at the completion of the internship. 48,907
Sec. 5709.63. (A) With the consent of the legislative 48,916
authority of each affected municipal corporation or of a board of 48,917
township trustees, a board of county commissioners may, in the 48,918
manner set forth in section 5709.62 of the Revised Code, 48,919
designate one or more areas in one or more municipal corporations 48,920
or in unincorporated areas of the county as proposed enterprise 48,922
zones. A board of county commissioners may designate no more 48,923
than one area within a township, or within adjacent townships, as 48,924
a proposed enterprise zone. The board shall petition the 48,925
director of development for certification of the area as having 48,926
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 48,927
Senate Bill No. 19 of the 120th general assembly. Except as 48,928
otherwise provided in division (D) of this section, on and after 48,929
July 1, 1994, boards of county commissioners shall not enter into 48,930
agreements under this section unless the board has petitioned the 48,931
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 48,932
into under this section as it existed prior to July 1, 1994, and 48,933
the incentives granted under those agreements shall remain in 48,934
effect for the period agreed to under those agreements. The 48,935
1099
director shall make the determination in the manner provided 48,936
under section 5709.62 of the Revised Code. Any enterprise 48,937
wishing to enter into an agreement with the board under division 48,938
(B) or (D) of this section shall submit a proposal to the board 48,940
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 48,942
enterprise shall review and update the estimates and listings 48,943
required by the form in the manner required under that division. 48,944
The board may, on a separate form and at any time, require any 48,945
additional information necessary to determine whether an 48,946
enterprise is in compliance with an agreement and to collect the 48,947
information required to be reported under section 5709.68 of the 48,948
Revised Code.
(B) If the board of county commissioners finds that an 48,950
enterprise submitting a proposal is qualified by financial 48,951
responsibility and business experience to create and preserve 48,952
employment opportunities in the zone and to improve the economic 48,953
climate of the municipal corporation or municipal corporations or 48,954
the unincorporated areas in which the zone is located and to 48,955
which the proposal applies, the board, on or before December 31, 48,956
1997 1998, and with the consent of the legislative authority of 48,958
each affected municipal corporation or of the board of township 48,959
trustees may do either of the following: 48,960
(1) Enter into an agreement with the enterprise under 48,962
which the enterprise agrees to establish, expand, renovate, or 48,963
occupy a facility in the zone and hire new employees, or preserve 48,964
employment opportunities for existing employees, in return for 48,965
the following incentives: 48,966
(a) When the facility is located in a municipal 48,968
corporation, the board may enter into an agreement for one or 48,969
more of the incentives provided in division (C) of section 48,970
5709.62 of the Revised Code, subject to division (D) of that 48,971
section;
(b) When the facility is located in an unincorporated 48,973
1100
area, the board may enter into an agreement for one or more of 48,974
the following incentives: 48,975
(i) Exemption for a specified number of years, not to 48,977
exceed ten, of a specified portion, up to sixty per cent, of the 48,979
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 48,981
exemption granted pursuant to this division applies to inventory 48,982
required to be listed pursuant to sections 5711.15 and 5711.16 of 48,983
the Revised Code, except, in the instance of an expansion or 48,984
other situations in which an enterprise was in business at the 48,985
facility prior to the establishment of the zone, the inventory 48,986
which is exempt is that amount or value of inventory in excess of 48,987
the amount or value of inventory required to be listed in the 48,988
personal property tax return of the enterprise in the return for 48,989
the tax year in which the agreement is entered into. 48,990
(ii) Exemption for a specified number of years, not to 48,992
exceed ten, of a specified portion, up to sixty per cent, of the 48,994
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 48,995
by the board;
(iii) Provision for a specified number of years, not to 48,997
exceed ten, of any optional services or assistance the board is 48,998
authorized to provide with regard to the project site; 48,999
(iv) The incentive described in division (C)(2) of section 49,001
5709.62 of the Revised Code. 49,002
(2) Enter into an agreement with an enterprise that plans 49,004
to purchase and operate a large manufacturing facility that has 49,005
ceased operation or has announced its intention to cease 49,006
operation, in return for exemption for a specified number of 49,007
years, not to exceed ten, of a specified portion, up to one 49,008
hundred per cent, of tangible personal property used in business 49,009
at the project site as a result of the agreement, or of real 49,010
property constituting the project site, or both. 49,011
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 49,013
1101
this section, the portion of the assessed value of tangible 49,016
personal property or of the increase in the assessed valuation of 49,017
real property exempted from taxation under those divisions may 49,018
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 49,019
which the agreement is in effect does not exceed fifty per cent, 49,020
or if the board of education of the city, local, or exempted 49,021
village school district within the territory of which the 49,022
property is or will be located approves a percentage in excess of 49,023
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 49,024
notice not later than forty-five days prior to approviding 49,025
APPROVING the agreement, excluding Saturdays, Sundays, and legal 49,028
holidays as defined in section 1.14 of the Revised Code. The 49,030
notice shall state the percentage to be exempted, an estimate of 49,032
the true value of the property to be exempted, and the number of 49,033
years the property is to be exempted. The board of education, by 49,034
resolution adopted by a majority of the board, shall approve or 49,035
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 49,036
the date stipulated by the board of commissioners as the date 49,037
upon which approval of the agreement is to be formally considered 49,038
by the board of commissioners. The board of education may 49,039
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 49,040
compensate the school district under division (B) of section 49,041
5709.82 of the Revised Code. The board of county commissioners 49,043
may approve the agreement at any time after the board of 49,044
education certifies its resolution approving the agreement to the 49,045
board of county commissioners, or, if the board of education 49,046
approves the agreement conditionally, at any time after the 49,047
conditions are agreed to by the board of education and the board 49,048
of county commissioners.
If a board of education has adopted a resolution waiving 49,050
1102
its right to approve agreements and the resolution remains in 49,052
effect, approval of an agreement by the board of education is not 49,053
required under division (C) of this section. If a board of 49,054
education has adopted a resolution allowing a board of county 49,055
commissioners to deliver the notice required under this division 49,056
fewer than forty-five business days prior to approval of the 49,058
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 49,059
education not later than the number of days prior to such 49,061
approval as prescribed by the board of education in its 49,062
resolution. If a board of education adopts a resolution waiving 49,063
its right to approve agreements or shortening the notification 49,064
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 49,065
education rescinds such a resolution, it shall certify notice of 49,066
the rescission to the board of county commissioners. 49,067
(2) The board of county commissioners shall comply with 49,069
section 5709.83 of the Revised Code unless the board of education 49,072
has adopted a resolution under that section waiving its right to 49,073
receive such notice.
(D) This division applies to zones certified by the 49,075
director of development under this section prior to July 22, 49,077
1994.
On or before December 31, 1997 1998, and with the consent 49,080
of the legislative authority of each affected municipal 49,082
corporation or board of township trustees of each affected 49,083
township, the board of commissioners that designated a zone to 49,084
which this division applies may enter into an agreement with an
enterprise if the board makes the finding required under that 49,085
division and determines that the enterprise satisfies one of the 49,086
criteria described in divisions (D)(1) to (5) of this section: 49,087
(1) The enterprise currently has no operations in this 49,089
state and, subject to approval of the agreement, intends to 49,090
establish operations in the zone;
1103
(2) The enterprise currently has operations in this state 49,092
and, subject to approval of the agreement, intends to establish 49,093
operations at a new location in the zone that would not result in 49,094
a reduction in the number of employee positions at any of the 49,095
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 49,097
intends to relocate operations, currently located in another 49,098
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 49,100
intends to expand operations at an existing site in the zone that 49,101
the enterprise currently operates; 49,102
(5) The enterprise, subject to approval of the agreement, 49,104
intends to relocate operations, currently located in this state, 49,105
to the zone, and the director of development has issued a waiver 49,106
for the enterprise under division (B) of section 5709.633 of the 49,107
Revised Code.
The agreement shall require the enterprise to agree to 49,109
establish, expand, renovate, or occupy a facility in the zone and 49,110
hire new employees, or preserve employment opportunities for 49,111
existing employees, in return for one or more of the incentives 49,112
described in division (B) of this section.
(E) All agreements entered into under this section shall 49,114
be in the form prescribed under section 5709.631 of the Revised 49,115
Code. After an agreement under this section is entered into, if 49,116
the board of county commissioners revokes its designation of the 49,117
zone, or if the director of development revokes the zone's 49,118
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 49,119
(F) Except as otherwise provided in this paragraph, an 49,121
agreement entered into under this section shall require that the 49,122
enterprise pay an annual fee equal to the greater of one per cent 49,123
of the dollar value of incentives offered under the agreement or 49,124
five hundred dollars; provided, however, that if the value of the 49,125
incentives exceeds two hundred fifty thousand dollars, the fee
1104
shall not exceed two thousand five hundred dollars. The fee 49,126
shall be payable to the board of commissioners once per year for 49,127
each year the agreement is effective on the days and in the form 49,128
specified in the agreement. Fees paid shall be deposited in a 49,129
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 49,130
section 5709.68 of the Revised Code and by the tax incentive 49,131
review council created under section 5709.85 of the Revised Code 49,132
exclusively for the purposes of performing the duties prescribed 49,133
under that section. The board may waive or reduce the amount of 49,134
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 49,135
incentive review council to comply with section 5709.68 or 49,136
5709.85 of the Revised Code, respectively. 49,137
(G) With the approval of the legislative authority of a 49,139
municipal corporation or the board of township trustees of a 49,140
township in which a zone is designated under division (A) of this 49,141
section, the board of county commissioners may delegate to that 49,142
legislative authority or board any powers and duties of the board 49,143
to negotiate and administer agreements with regard to that zone
under this section. 49,144
(H) When an agreement is entered into pursuant to this 49,146
section, the legislative authority authorizing the agreement 49,147
shall forward a copy of the agreement to the director of 49,148
development and to the tax commissioner within fifteen days after 49,149
the agreement is entered into.
(I) After an agreement is entered into, the enterprise 49,151
shall file with each personal property tax return required to be 49,152
filed while the agreement is in effect, an informational return, 49,153
on a form prescribed by the tax commissioner for that purpose, 49,154
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 49,155
(J) Enterprises may agree to give preference to residents 49,157
of the zone within which the agreement applies relative to 49,158
1105
residents of this state who do not reside in the zone when hiring 49,159
new employees under the agreement.
(K) An agreement entered into under this section may 49,161
include a provision requiring the enterprise to create one or 49,162
more temporary internship positions for students enrolled in a 49,163
course of study at a school or other educational institution in 49,164
the vicinity, and to create a scholarship or provide another form 49,165
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 49,166
enterprise at the completion of the internship. 49,167
Sec. 5709.632. (A)(1) The legislative authority of a 49,177
municipal corporation defined by the United States office of 49,178
budget and management as a central city of a metropolitan 49,179
statistical area may, in the manner set forth in section 5709.62 49,180
of the Revised Code, designate one or more areas in the municipal 49,181
corporation as a proposed enterprise zone. 49,182
(2) With the consent of the legislative authority of each 49,184
affected municipal corporation or of a board of township 49,185
trustees, a board of county commissioners may, in the manner set 49,186
forth in section 5709.62 of the Revised Code, designate one or 49,187
more areas in one or more municipal corporations or in 49,188
unincorporated areas of the county as proposed urban jobs and 49,189
enterprise zones, except that a board of county commissioners may 49,190
designate no more than one area within a township, or within 49,191
adjacent townships, as a proposed urban jobs and enterprise zone. 49,192
(3) The legislative authority or board of county 49,194
commissioners may petition the director of development for 49,195
certification of the area as having the characteristics set forth 49,196
in division (A)(3) of section 5709.61 of the Revised Code. Within 49,198
sixty days after receiving such a petition, the director shall 49,199
determine whether the area has the characteristics set forth in 49,200
that division and forward his THE findings to the legislative 49,201
authority or board of county commissioners. If the director 49,202
certifies the area as having those characteristics and thereby 49,203
1106
certifies it as a zone, the legislative authority or board may 49,204
enter into agreements with enterprises under division (B) of this 49,205
section. Any enterprise wishing to enter into an agreement with 49,206
a legislative authority or board of commissioners under this 49,207
section and satisfying one of the criteria described in divisions 49,208
(B)(1) to (5) of this section shall submit a proposal to the 49,209
legislative authority or board on the form prescribed under 49,210
division (B) of section 5709.62 of the Revised Code and shall 49,211
review and update the estimates and listings required by the form 49,212
in the manner required under that division. The legislative 49,213
authority or board may, on a separate form and at any time, 49,214
require any additional information necessary to determine whether 49,215
an enterprise is in compliance with an agreement and to collect 49,216
the information required to be reported under section 5709.68 of 49,217
the Revised Code.
(B) Prior to entering into an agreement with an 49,219
enterprise, the legislative authority or board of county 49,220
commissioners shall determine whether the enterprise submitting 49,221
the proposal is qualified by financial responsibility and 49,222
business experience to create and preserve employment 49,223
opportunities in the zone and to improve the economic climate of 49,224
the municipal corporation or municipal corporations or the 49,225
unincorporated areas in which the zone is located and to which 49,226
the proposal applies, and whether the enterprise satisfies one of 49,227
the following criteria: 49,228
(1) The enterprise currently has no operations in this 49,230
state and, subject to approval of the agreement, intends to 49,231
establish operations in the zone; 49,232
(2) The enterprise currently has operations in this state 49,234
and, subject to approval of the agreement, intends to establish 49,235
operations at a new location in the zone that would not result in 49,236
a reduction in the number of employee positions at any of the 49,237
enterprise's other locations in this state; 49,238
(3) The enterprise, subject to approval of the agreement, 49,240
1107
intends to relocate operations, currently located in another 49,241
state, to the zone; 49,242
(4) The enterprise, subject to approval of the agreement, 49,244
intends to expand operations at an existing site in the zone that 49,245
the enterprise currently operates; 49,246
(5) The enterprise, subject to approval of the agreement, 49,248
intends to relocate operations, currently located in this state, 49,249
to the zone, and the director of development has issued a waiver 49,250
for the enterprise under division (B) of section 5709.633 of the 49,251
Revised Code. 49,252
(C) If the legislative authority or board determines that 49,254
the enterprise is so qualified and satisfies one of the criteria 49,255
described in divisions (B)(1) to (5) of this section, the 49,256
legislative authority or board may, after complying with section 49,257
5709.83 of the Revised Code and on or before December 31, 1997 49,259
1998, and, in the case of a board of commissioners, with the 49,260
consent of the legislative authority of each affected municipal 49,261
corporation or of the board of township trustees: 49,262
(1) Enter into an agreement with the enterprise under 49,264
which the enterprise agrees to establish, expand, renovate, or 49,265
occupy a facility in the zone and hire new employees, or preserve 49,266
employment opportunities for existing employees, in return for 49,267
the following incentives: 49,268
(a) When the facility is located in a municipal 49,270
corporation, a legislative authority or board of commissioners 49,271
may enter into an agreement for one or more of the incentives 49,272
provided in division (C) of section 5709.62 of the Revised Code, 49,273
subject to division (D) of that section; 49,274
(b) When the facility is located in an unincorporated 49,276
area, a board of commissioners may enter into an agreement for 49,277
one or more of the incentives provided in divisions (B)(1)(b), 49,278
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 49,279
subject to division (C) of that section. 49,280
(D) All agreements entered into under this section shall 49,282
1108
be in the form prescribed under section 5709.631 of the Revised 49,283
Code. After an agreement under this section is entered into, if 49,284
the legislative authority or board of county commissioners 49,285
revokes its designation of the zone, or if the director of 49,286
development revokes the zone's certification, any entitlements 49,287
granted under the agreement shall continue for the number of 49,288
years specified in the agreement. 49,289
(E) Except as otherwise provided in this division, an 49,291
agreement entered into under this section shall require that the 49,292
enterprise pay an annual fee equal to the greater of one per cent 49,293
of the dollar value of incentives offered under the agreement or 49,294
five hundred dollars; provided, however, that if the value of the 49,295
incentives exceeds two hundred fifty thousand dollars, the fee 49,296
shall not exceed two thousand five hundred dollars. The fee 49,297
shall be payable to the legislative authority or board of 49,298
commissioners once per year for each year the agreement is 49,299
effective on the days and in the form specified in the agreement. 49,300
Fees paid shall be deposited in a special fund created for such 49,301
purpose by the legislative authority or board and shall be used 49,302
by the legislative authority or board exclusively for the purpose 49,303
of complying with section 5709.68 of the Revised Code and by the 49,304
tax incentive review council created under section 5709.85 of the 49,305
Revised Code exclusively for the purposes of performing the 49,306
duties prescribed under that section. The legislative authority 49,307
or board may waive or reduce the amount of the fee charged 49,308
against an enterprise, but such waiver or reduction does not 49,309
affect the obligations of the legislative authority or board or 49,310
the tax incentive review council to comply with section 5709.68 49,311
or 5709.85 of the Revised Code, respectively. 49,312
(F) With the approval of the legislative authority of a 49,314
municipal corporation or the board of township trustees of a 49,315
township in which a zone is designated under division (A)(2) of 49,316
this section, the board of county commissioners may delegate to 49,317
that legislative authority or board any powers and duties of the 49,318
1109
board to negotiate and administer agreements with regard to that 49,319
zone under this section. 49,320
(G) When an agreement is entered into pursuant to this 49,322
section, the legislative authority or board of commissioners 49,323
authorizing the agreement shall forward a copy of the agreement 49,324
to the director of development and to the tax commissioner within 49,325
fifteen days after the agreement is entered into. 49,326
(H) After an agreement is entered into, the enterprise 49,328
shall file with each personal property tax return required to be 49,329
filed while the agreement is in effect, an informational return, 49,330
on a form prescribed by the tax commissioner for that purpose, 49,331
setting forth separately the property, and related costs and 49,332
values, exempted from taxation under the agreement. 49,333
(I) An agreement entered into under this section may 49,335
include a provision requiring the enterprise to create one or 49,336
more temporary internship positions for students enrolled in a 49,337
course of study at a school or other educational institution in 49,338
the vicinity, and to create a scholarship or provide another form 49,339
of educational financial assistance for students holding such a 49,340
position in exchange for the student's commitment to work for the 49,341
enterprise at the completion of the internship. 49,342
Sec. 5709.66. (A) If an enterprise has been granted an 49,344
incentive for the current calendar year under an agreement 49,345
entered into pursuant to section 5709.62 or 5709.63 of the 49,346
Revised Code and satisfies both of the requirements described in 49,347
divisions (A)(1) and (2) of this section at the time of 49,348
application, it may apply to the director of development, on a 49,349
form prescribed by the director, for the employee tax credit 49,350
certificate under division (B) of this section. 49,352
(1) The enterprise has established, expanded, renovated, 49,354
or occupied a facility pursuant to an agreement under section 49,355
5709.62 or 5709.63 of the Revised Code in a zone that is 49,356
certified by the director of development as having one of the 49,357
characteristics described in divisions (A)(1)(a) or (b) and at 49,358
1110
least one of the characteristics described in divisions (A)(1)(c) 49,359
to (h) of section 5709.61 of the Revised Code. 49,360
(2) The enterprise or any predecessor enterprise has not 49,362
closed or reduced employment at any place of business in this 49,363
state within the twelve months preceding application unless the 49,364
enterprise, since the date the agreement was formally approved by 49,365
the legislative authority, has hired new employees equal in 49,366
number to not less than fifty per cent of the total number of 49,367
employees employed by the enterprise at other locations in this 49,368
state on that date. The legislative authority of any municipal 49,369
corporation or county that concludes that an enterprise or any 49,370
predecessor enterprise has closed or reduced employment at a 49,371
place of business in that municipal corporation or county may 49,372
appeal to the director to determine whether the enterprise or any 49,373
predecessor enterprise has done so. Upon receiving such an 49,374
appeal, the director shall investigate the allegations and 49,375
determine whether the enterprise satisfies the requirement of 49,376
division (A)(2) of this section before proceeding under division 49,377
(B) of this section. 49,378
Within sixty days after receiving an application under this 49,380
section, the director shall review, investigate, and verify the 49,381
application and determine whether the enterprise is eligible for 49,382
the employee tax credit certificate under division (B) of this 49,383
section. The application shall contain such information and 49,384
documents as the director requires, by rule, to ascertain whether 49,385
the enterprise is eligible for the certificate. On finding that 49,386
the enterprise is eligible, the director shall proceed under 49,387
division (B) of this section. 49,388
On determining that an enterprise is not eligible for the 49,391
certificate under division (B) of this section, the director 49,392
shall send notice of this determination, specifying the reasons 49,393
for it, by certified mail, to the applicant, the board of county 49,394
commissioners, and the chief executive of the municipal 49,395
corporation in which the facility to which the certificate would 49,396
1111
have been given is located. Within thirty days after receiving 49,397
such a notice, an enterprise may request, in writing, a hearing 49,398
before the director for the purpose of reviewing the application 49,399
and the reasons for the determination. Within sixty days after 49,400
receiving a request for a hearing, the director shall afford one 49,401
and, within thirty days after the hearing, shall issue a 49,402
redetermination of the enterprise's eligibility for the 49,403
incentives. If the enterprise is found to be eligible, the 49,404
director shall proceed under division (B) of this section. If 49,405
the enterprise is found to be ineligible, the director shall send 49,406
notice of this finding, by certified mail, to the applicant, the 49,407
board of commissioners of the county or the chief executive of 49,408
the municipal corporation in which the facility to which the 49,409
certificate would have been given is located. The director's 49,410
redetermination that an enterprise is ineligible may be appealed 49,411
to the board of tax appeals under section 5717.02 of the Revised 49,412
Code.
(B) If the director determines an enterprise to be 49,414
eligible under division (A) of this section, the director shall 49,415
determine if the enterprise is entitled to an employee tax credit 49,417
certificate. An enterprise is entitled to an employee tax credit 49,418
certificate for each eligible employee the enterprise hires. A 49,419
taxpayer who is issued an employee tax credit certificate under 49,420
this section may claim a nonrefundable credit of one thousand 49,421
dollars against the tax imposed under Chapter 5733. BY SECTION 49,422
5733.06 or 5747. 5747.02 of the Revised Code for each taxable 49,424
year of the agreement entered into under section 5709.62 or 49,425
5709.63 of the Revised Code in which an eligible employee is
employed for the taxpayer's full taxable year. If the eligible 49,426
employee is employed for less than the taxpayer's full taxable 49,427
year, the taxpayer may claim a reduced credit against the tax 49,428
imposed under Chapter 5733. BY SECTION 5733.06 or 5747. 5747.02 49,430
of the Revised Code. The reduced credit shall be computed by 49,431
dividing the total number of days in the taxable year into one 49,432
1112
thousand dollars and multiplying the quotient by the number of 49,433
days the eligible employee was employed in the taxable year. For 49,434
purposes of the computation, the eligible employee shall be 49,435
deemed to have been employed for each day of the taxable year 49,436
commencing on the date of employment or ending on the date of 49,437
termination of employment.
The credit provided under this division to a noncorporate 49,440
enterprise or an enterprise that is an S corporation as defined 49,441
in section 1361 of the Internal Revenue Code shall be divided pro 49,442
rata among the owners or shareholders of the enterprise subject 49,443
to the tax imposed under Chapter 5747. BY SECTION 5747.02 of the 49,445
Revised Code, based on their proportionate ownership interests in 49,446
the enterprise. The enterprise shall file with the tax 49,447
commissioner, on a form prescribed by the tax commissioner, a
statement showing the total available credit and the portion of 49,448
that credit attributed to each owner or shareholder. The 49,449
statement shall identify each owner or shareholder by name and 49,450
social security number and shall be filed with the tax 49,451
commissioner by the date prescribed by the tax commissioner, 49,452
which shall be no earlier than the fifteenth day of the month 49,454
following the close of the enterprise's taxable year for which 49,455
the credit is claimed.
The taxpayer shall claim the credit in the order required 49,457
under section 5733.98 or 5747.98 of the Revised Code. If the 49,458
credit provided under this division exceeds the taxpayer's tax 49,460
liability for the taxable year after allowance for any other 49,461
credits that precede the credit under this section in that order, 49,462
the credit may be carried forward for the next three succeeding 49,463
taxable years, but the amount of any excess credit allowed in any 49,464
such year shall be deducted from the balance carried forward to 49,465
the succeeding taxable year.
(b) As used in this division: 49,467
(i) "Eligible employee" means a new employee at a facility 49,469
who, at the time the employee was hired to work at the facility, 49,470
1113
was a recipient of aid to dependent children under Chapter 5107. 49,471
of the Revised Code or general assistance under former Chapter 49,473
5113. of the Revised Code and resided for at least one year in 49,474
the county in which the facility is located. "Eligible employee" 49,475
does not include any employee of the enterprise who is a new 49,476
employee, as defined under section 122.17 of the Revised Code, on 49,477
the basis of whom the enterprise has claimed a credit under that 49,478
section.
(ii) "Taxable year" has the same meaning as in section 49,480
5733.04 or 5747.01 of the Revised Code, as applicable to the 49,481
enterprise claiming the credit. 49,482
Sec. 5711.22. (A) Deposits not taxed at the source shall 49,491
be listed and assessed at their amount in dollars on the day they 49,492
are required to be listed. Moneys shall be listed and assessed 49,493
at the amount thereof in dollars on hand on the day that they are 49,494
required to be listed. In listing investments, the amount of the 49,495
income yield of each for the calendar year next preceding the 49,496
date of listing shall, except as otherwise provided in this 49,497
chapter, be stated in dollars and cents and the assessment 49,498
thereof shall be at the amount of such income yield; but any 49,499
property defined as investments in either division (A) or (B) of 49,500
section 5701.06 of the Revised Code which THAT has not been 49,501
outstanding for the full calendar year next preceding the date of 49,502
listing, except shares of stock of like kind as other shares of 49,503
the same corporation outstanding for the full calendar year next 49,504
preceding the date of listing, or which has yielded no income 49,505
during such calendar year shall be listed and assessed as 49,506
unproductive investments, at their true value in money on the day 49,507
that such investments are required to be listed. 49,508
Credits and other taxable intangibles shall be listed and 49,510
assessed at their true value in money on the day as of which the 49,511
same are required to be listed. 49,512
Shares of stock of a bank holding company, as defined in 49,514
Title 12 U.S.C.A., section 1841, which are required to be listed 49,515
1114
for taxation under this division and upon which dividends were 49,516
paid during the year of their issuance, which dividends are 49,517
subject to taxation under the provisions of Chapter 5747. of the 49,518
Revised Code, shall be exempt from the intangibles tax for the 49,519
year immediately succeeding their issuance; if. IF such shares 49,521
bear dividends the first calendar year after their issuance, 49,522
which dividends are subject to taxation under the provisions of 49,523
Chapter 5747. of the Revised Code, it shall be deemed that THE 49,524
nondelinquent intangible property tax pursuant to division (A) of 49,525
section 5707.04 of the Revised Code was paid on those dividends 49,526
paid that first calendar year after the issuance of the shares. 49,527
(B)(1) Boilers, machinery, equipment, and personal 49,529
property the true value of which is determined under division (B) 49,530
of section 5711.21 of the Revised Code shall be listed and 49,531
assessed at an amount equal to the sum of the products determined 49,532
under divisions (B)(1)(a), (b), and (c) of this section. 49,533
(a) Multiply the portion of the true value determined 49,535
under division (B)(1) of section 5711.21 of the Revised Code by 49,536
the assessment rate for the appropriate year in division (D) of 49,537
this section; 49,538
(b) Multiply the portion of the true value determined 49,540
under division (B)(2) of section 5711.21 of the Revised Code by 49,541
the assessment rate in section 5727.111 of the Revised Code that 49,542
is applicable to the production equipment of an electric company; 49,543
(c) Multiply the portion of the true value determined 49,545
under division (B)(3) of section 5711.21 of the Revised Code by 49,546
the assessment rate in section 5727.111 of the Revised Code that 49,547
is applicable to the property of an electric company that is not 49,548
production equipment. 49,549
(2) Personal property leased to a public utility or 49,551
interexchange telecommunications company as defined in section 49,552
5727.01 of the Revised Code and used directly in the rendition of 49,553
a public utility service as defined in division (P) of section 49,554
5739.01 of the Revised Code shall be listed and assessed at the 49,555
1115
same percentage of true value in money that such property is 49,556
required to be assessed by section 5727.111 of the Revised Code 49,557
if owned by the public utility or interexchange 49,558
telecommunications company. 49,559
(C)(1) Merchandise or an agricultural product shipped from 49,561
outside this state and held in this state in a warehouse or a 49,562
place of storge STORAGE without further manufacturing or 49,563
processing and for storage only and for shipment outside this 49,564
state, but that is taxable because it does not qualify as "not 49,565
used in business in this state" under division (B)(1) or (2) of 49,567
section 5701.08 of the Revised Code, shall be listed and assessed 49,568
at a rate of twenty-five one-hundredths of its true value in 49,569
money until reduced in accordance with the following schedule: 49,570
(a) For any year, subtract five one-hundredths from the 49,572
rate at which such property was required to be listed and 49,573
assessed in the preceding year, if the total statewide collection 49,574
of all real and tangible personal property taxes for the second 49,576
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 49,577
year by more than the greater of four per cent or the rate of 49,578
increase from the third to the second preceding years in the 49,579
average consumer price index (all urban consumers, all items) 49,580
prepared by the bureau of labor statistics of the United States 49,581
department of labor;
(b) If no reduction in the assessment rate is made for a 49,583
year, the rate is the same as for the preceding year. 49,584
(2) Each year until the year the assessment rate equals 49,586
zero, the tax commissioner shall determine the assessment rate 49,587
required under this division and shall notify all county auditors 49,588
of that rate.
(3) Notwithstanding provisions to the contrary in division 49,590
(B) of section 5701.08 of the Revised Code, during and after the 49,591
year for which the assessment rate as calculated under this 49,592
division equals zero, any merchandise or agricultural product 49,593
1116
shipped from outside this state and held in this state in any 49,594
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 49,595
shipment outside this state to any person for any purpose is not 49,596
used in business in this state for property tax purposes. 49,598
(D)(1) MERCHANDISE OR AN AGRICULTURAL PRODUCT OWNED BY A 49,600
QUALIFIED OUT-OF-STATE PERSON SHIPPED FROM OUTSIDE THIS STATE AND 49,602
HELD IN THIS STATE IN A PUBLIC WAREHOUSE WITHOUT FURTHER
MANUFACTURING OR PROCESSING AND FOR TEMPORARY STORAGE ONLY AND 49,603
FOR SHIPMENT INSIDE THIS STATE, BUT THAT IS TAXABLE BECAUSE IT 49,604
DOES NOT QUALIFY AS "NOT USED IN BUSINESS IN THIS STATE" UNDER 49,605
DIVISION (B)(1) OR (2) OF SECTION 5701.08 OF THE REVISED CODE, 49,608
SHALL BE LISTED AND ASSESSED AT A RATE OF TWENTY-FIVE 49,609
ONE-HUNDREDTHS OF ITS TRUE VALUE IN MONEY UNTIL REDUCED IN 49,610
ACCORDANCE WITH THE FOLLOWING SCHEDULE: 49,611
(a) FOR ANY YEAR, SUBTRACT FIVE ONE-HUNDREDTHS FROM THE 49,614
RATE AT WHICH SUCH PROPERTY WAS REQUIRED TO BE LISTED AND 49,615
ASSESSED IN THE PRECEDING YEAR, IF THE TOTAL STATEWIDE COLLECTION 49,616
OF ALL REAL AND TANGIBLE PERSONAL PROPERTY TAXES FOR THE SECOND 49,617
PRECEDING YEAR EXCEEDED THE TOTAL STATEWIDE COLLECTION OF ALL 49,618
REAL AND TANGIBLE PERSONAL PROPERTY TAXES FOR THE THIRD PRECEDING 49,619
YEAR BY MORE THAN THE GREATER OF FOUR PER CENT OR THE RATE OF 49,620
INCREASE FROM THE THIRD TO THE SECOND PRECEDING YEARS IN THE 49,621
AVERAGE CONSUMER PRICE INDEX (ALL URBAN CONSUMERS, ALL ITEMS) 49,622
PREPARED BY THE BUREAU OF LABOR STATISTICS OF THE UNITED STATES 49,624
DEPARTMENT OF LABOR; 49,625
(b) IF NO REDUCTION IN THE ASSESSMENT RATE IS MADE FOR A 49,628
YEAR, THE RATE IS THE SAME AS FOR THE PRECEDING YEAR. 49,629
(2) EACH YEAR UNTIL THE YEAR THE ASSESSMENT RATE EQUALS 49,631
ZERO, THE TAX COMMISSIONER SHALL DETERMINE THE ASSESSMENT RATE 49,632
REQUIRED UNDER THIS DIVISION AND SHALL NOTIFY ALL COUNTY AUDITORS 49,634
OF THAT RATE.
(3) NOTWITHSTANDING PROVISIONS TO THE CONTRARY IN DIVISION 49,637
(B) OF SECTION 5701.08 OF THE REVISED CODE, DURING AND AFTER THE 49,639
1117
YEAR FOR WHICH THE ASSESSMENT RATE AS CALCULATED UNDER THIS 49,640
DIVISION EQUALS ZERO, ANY MERCHANDISE OR AGRICULTURAL PRODUCT 49,641
DESCRIBED IN DIVISION (D)(1) OF THIS SECTION IS NOT USED IN 49,643
BUSINESS IN THIS STATE FOR PROPERTY TAX PURPOSES. 49,644
(4) AS USED IN DIVISION (D) OF THIS SECTION: 49,647
(a) "QUALIFIED OUT-OF-STATE PERSON" MEANS A PERSON THAT 49,650
DOES NOT OWN, LEASE, OR USE PROPERTY, OTHER THAN MERCHANDISE OR 49,651
AN AGRICULTURAL PRODUCT DESCRIBED IN THIS DIVISION, IN THIS 49,652
STATE, AND DOES NOT HAVE EMPLOYEES, AGENTS, OR REPRESENTATIVES IN 49,653
THIS STATE;
(b) "PUBLIC WAREHOUSE" MEANS A WAREHOUSE IN THIS STATE 49,656
THAT IS NOT SUBJECT TO THE CONTROL OF OR UNDER THE SUPERVISION OF 49,657
THE OWNER OF THE MERCHANDISE OR AGRICULTURAL PRODUCT STORED IN 49,658
IT, OR STAFFED BY THE OWNER'S EMPLOYEES, AND FROM WHICH THE 49,659
PROPERTY IS TO BE SHIPPED INSIDE THIS STATE. 49,660
(E) Unless otherwise provided by law, all other personal 49,662
property used in business that has not been legally regarded as 49,663
an improvement on land and considered in arriving at the value of 49,664
the real property assessed for taxation shall be listed and 49,665
assessed at the rate for that tax year as shown in the following 49,666
table: TAX YEARASSESSMENT RATE1989 29% 49,670
1990 28% 49,671
1991 27% 49,672
1992 26% 49,673
1993 and thereafter 25% 49,674
OF TWENTY-FIVE PER CENT OF ITS TRUE VALUE IN MONEY. 49,677
Sec. 5711.32. (A)(1) Upon receipt of a preliminary, 49,686
amended, corrected, or final assessment certificate requiring a 49,687
correction to his THE COUNTY AUDITOR'S records and tax lists and 49,688
duplicates, the county auditor shall compute the amount of taxes 49,690
represented by each deficiency or excess item therein contained 49,691
at the rate of taxation in effect in the year for which such 49,692
1118
assessment is made. He THE AUDITOR shall enter all deficiency 49,693
items comprised in such assessment certificate on the proper tax 49,695
lists in his THE AUDITOR'S office, together with the amount of 49,697
taxes so computed thereon, and shall give a certificate of all 49,698
such amounts to the county treasurer, who shall proceed as 49,699
prescribed by division (B) of this section. If the assessment 49,700
certificate comprises any excess items, the auditor shall 49,701
ascertain whether the taxes, penalties, and interest for the year 49,702
represented thereby have been paid; if so, he THE AUDITOR shall 49,703
proceed as prescribed by division (A)(2) of this section; if not, 49,705
he THE AUDITOR shall correct the proper tax lists and duplicates, 49,707
adjusting any penalties thereon accordingly. If the assessment 49,708
certificate comprises both deficiency and excess items, he THE 49,709
AUDITOR may, after computing the amount of taxes represented by 49,710
the deficiency and excess items, treat the difference between 49,711
such amounts as a deficiency or excess for purposes of this 49,712
section; in such case, the county auditor shall make any 49,713
adjustment as between the undivided tax funds as is necessary. 49,714
(2) If he THE AUDITOR finds that the taxes, penalties, and 49,716
interest for the year represented by an excess have been paid, 49,718
the county auditor shall proceed as prescribed by sections 319.36 49,719
and 319.37 of the Revised Code. 49,720
(B)(1) Upon receipt of a certificate from the county 49,722
auditor pursuant to division (A) of this section of the amount of 49,723
a deficiency, the county treasurer shall proceed in the manner 49,724
prescribed by division (A) of section 5711.33 of the Revised Code 49,725
to collect the full amount thereof, including interest thereon, 49,726
as other like taxes, penalties, and interest, subject to the 49,727
following exceptions: 49,728
(a) If the deficiency includes a penalty assessment for 49,730
which a petition for abatement of penalty has been filed pursuant 49,731
to section 5711.28 of the Revised Code, the penalty assessment 49,732
shall not be collected unless the taxpayer desires to pay it, but 49,733
the balance of the deficiency, including interest thereon, shall 49,734
1119
be collected; 49,735
(b) If the deficiency is based on an assessment for which 49,737
a petition for reassessment has been filed pursuant to section 49,738
5711.31 of the Revised Code or an appeal has been filed pursuant 49,739
to section 5717.02 of the Revised Code, no part of the deficiency 49,740
at issue in such petition or appeal shall be collected unless the 49,741
taxpayer desires to pay it. 49,742
(2) The taxpayer shall pay the full amount of a deficiency 49,744
required to be collected by the county treasurer under division 49,745
(B)(1) of this section, less any amount specifically excepted 49,746
therein, within the time prescribed by division (A) of section 49,747
5711.33 of the Revised Code for the collection of like taxes, 49,748
penalties, and interest. Failure to pay such amount with 49,749
interest thereon within the time prescribed shall subject such 49,750
amount, exclusive of interest, to the penalty prescribed by 49,751
division (B) of section 5711.33 of the Revised Code, and such 49,752
amount, exclusive of interest, shall continue to accrue interest 49,753
until paid as prescribed by section 5719.041 of the Revised Code. 49,754
Any amount of the deficiency specifically excepted from 49,755
collection under division (B)(1) of this section shall not be 49,756
subject to the penalty prescribed by division (B) of section 49,757
5711.33 of the Revised Code until sixty days after the date of 49,758
certification by the auditor to the treasurer pursuant to 49,759
division (C) of this section of the final determination of the 49,760
petition or appeal excepting such amount from collection under 49,761
division (B)(1) of this section, but such amount, exclusive of 49,762
interest, shall continue to accrue interest until paid as 49,763
prescribed by section 5719.041 of the Revised Code. The taxpayer 49,764
may make, and the treasurer shall accept, payment of any part of 49,765
such excepted amount without prejudice to the claims of either 49,766
the taxpayer, the state, or each county. 49,767
(C) Upon receipt of the notification by the tax 49,769
commissioner pursuant to section 5711.26, 5711.28, or 5711.31 of 49,770
the Revised Code of the final determination of a petition or an 49,771
1120
appeal, the county auditor shall make any correction required to 49,772
his THE AUDITOR'S records and tax lists and duplicates and 49,773
compute the adjustment, if any, required to each deficiency or 49,775
excess previously certified to the treasurer. He THE AUDITOR 49,776
shall forthwith certify to the county treasurer that there has 49,778
been a final determination and the resulting corrections, if any, 49,779
to the amount of each deficiency or excess, and the treasurer 49,780
shall thereupon proceed to collect any unpaid balance. The 49,781
taxpayer shall pay such unpaid balance, including interest 49,782
thereon, within sixty days after the date of such certification, 49,783
and if not so paid within such sixty-day period, the unpaid 49,784
balance shall be subject to the penalty prescribed by division 49,785
(B) of section 5711.33 of the Revised Code and shall continue to 49,786
accrue interest until paid as prescribed by section 5719.041 of 49,787
the Revised Code.
(D) Notwithstanding divisions (A) to (C) of this section, 49,789
where the tax commissioner finds the sole reason for the issuance 49,790
of an assessment certificate with deficiency or excess items is 49,791
to correct an error that occurred because the taxpayer listed 49,792
property in the wrong taxing district and the erroneous tax 49,793
resulting from such error was timely paid, the commissioner shall 49,794
remit all interest otherwise required to be charged on any tax 49,795
arising from such deficiency items if the full amount of the 49,796
deficiency is paid within sixty days after the date of the 49,797
auditor's certification to the treasurer. If the full amount of 49,798
such deficiency is not so paid, interest shall be assessed in the 49,799
same manner and amount as interest would have been charged had 49,800
this division not been in effect. When refunding the amount of 49,801
any erroneous tax paid in connection with any excess items 49,802
included in such an assessment, OR ANY OTHER REFUND OF AN 49,803
OVERPAYMENT OF TAX THAT RESULTED FROM TAXPAYER ERROR, no interest 49,804
shall be paid on that amount, notwithstanding provisions of this 49,806
section, or section 319.36 or 5719.041 of the Revised Code to the 49,807
contrary. The commissioner shall include on an assessment 49,808
1121
certificate to which this division applies such information as is 49,809
necessary to ensure the efficient administration of this 49,810
division.
Sec. 5725.01. As used in sections 5725.01 to 5725.26 of 49,819
the Revised Code: 49,820
(A) "Financial institution" includes every person who 49,822
keeps an office or other place of business in this state and 49,823
engages in the business of receiving deposits, lending money, and 49,824
buying or selling bullion, bills of exchange, notes, bonds, 49,825
stocks, or other evidences of indebtedness with a view to profit 49,826
or is licensed as a small business investment company under the 49,827
"Small Business Investment Act of 1958," 72 Stat. 689, 15 U.S.C. 49,828
661, as amended; or is chartered under the "Farm Credit Act of 49,829
1933," 48 Stat. 257, 12 U.S.C. 1131 (d), as amended. Corporations 49,831
or institutions organized under the "Federal Farm Loan Act" and 49,832
amendments thereto, and insurance companies shall not be 49,833
considered financial institutions or dealers in intangibles 49,834
within the meaning of such sections MEANS: 49,835
(1) A NATIONAL BANK ORGANIZED AND EXISTING AS A NATIONAL 49,837
BANK ASSOCIATION PURSUANT TO THE "NATIONAL BANK ACT," 12 U.S.C. 49,839
21;
(2) A FEDERAL SAVINGS ASSOCIATION OR FEDERAL SAVINGS BANK 49,841
THAT IS CHARTERED UNDER 12 U.S.C. 1464; 49,842
(3) A BANK, BANKING ASSOCIATION, TRUST COMPANY, SAVINGS 49,844
AND LOAN ASSOCIATION, SAVINGS BANK, OR OTHER BANKING INSTITUTION 49,845
THAT IS INCORPORATED OR ORGANIZED UNDER THE LAWS OF ANY STATE; 49,846
(4) ANY CORPORATION ORGANIZED UNDER 12 U.S.C. 611 TO 631; 49,849
(5) ANY AGENCY OR BRANCH OF A FOREIGN DEPOSITORY AS 49,851
DEFINED IN 12 U.S.C. 3101; 49,852
(6) A COMPANY LICENSED AS A SMALL BUSINESS INVESTMENT 49,854
COMPANY UNDER THE "SMALL BUSINESS INVESTMENT ACT OF 1958," 72 49,856
STAT. 689, 15 U.S.C. 661, AS AMENDED; OR 49,857
(7) A COMPANY CHARTERED UNDER THE "FARM CREDIT ACT OF 49,860
1933," 48 STAT. 257, 12 U.S.C. 1131(d), AS AMENDED. 49,862
1122
CORPORATIONS OR INSTITUTIONS ORGANIZED UNDER THE "FEDERAL 49,864
FARM LOAN ACT" AND AMENDMENTS THERETO, INSURANCE COMPANIES, AND 49,866
CREDIT UNIONS SHALL NOT BE CONSIDERED FINANCIAL INSTITUTIONS OR 49,868
DEALERS IN INTANGIBLES WITHIN THE MEANING OF SUCH SECTIONS. 49,869
(B) "Dealer in intangibles" includes every person who 49,871
keeps an office or other place of business in this state and 49,872
engages at such office or other place in the business of lending 49,873
money, or discounting, buying, or selling bills of exchange, 49,874
drafts, acceptances, notes, mortgages, or other evidences of 49,875
indebtedness, or of buying or selling bonds, stocks, or other 49,876
investment securities, whether on his THE PERSON'S own account 49,877
with a view to profit, or as agent or broker for others, with a 49,879
view to profit or personal earnings. Dealer in intangibles 49,880
excludes institutions used exclusively for charitable purposes, 49,881
insurance companies, and financial institutions. Neither casual 49,882
nor isolated transactions of any of the kinds enumerated in this 49,883
division of this section, nor the investment of funds as personal 49,884
accumulations or as business reserves or working capital 49,885
constitute engaging in business within the meaning of this 49,886
division of this section; but a person who, having engaged in the 49,887
business of lending money, or discounting, buying, or selling 49,888
bills of exchange, drafts, acceptances, notes, mortgages, or 49,889
other evidences of indebtedness on his THE PERSON'S own account, 49,890
remains in business for the purpose of realizing upon the assets 49,892
of such business is deemed a dealer in intangibles, though not 49,893
presently engaged in lending money or discounting or buying such 49,894
securities. 49,895
(C) "Insurance company" includes every corporation, 49,897
association, and society engaged in the business of insurance of 49,898
any character, or engaged in the business of entering into 49,899
contracts substantially amounting to insurance of any character, 49,900
or of indemnifying or guaranteeing against loss or damage, or 49,901
acting as surety on bonds or undertakings. 49,902
(D) "Domestic insurance company" includes every insurance 49,904
1123
company organized and existing under the laws of this state, and 49,905
every unincorporated association and society formed under the 49,906
laws of this state for the purpose of engaging in said business, 49,907
except a company, association, or society that is an insurance 49,908
holding company affiliate controlled by a nonresident affiliate 49,909
and has risks in this state formerly written by its foreign 49,910
affiliates in a total amount exceeding the risks outstanding on 49,911
the taxpayer's latest annual report that arise from business 49,912
initially written by it in this state; and excludes every foreign 49,913
insurance company. As used in this division, terms defined in 49,914
section 3901.32 of the Revised Code have the same meanings given 49,915
to them in that section. 49,916
(E) "Foreign insurance company" includes every insurance 49,918
company organized or existing under the laws of any other state, 49,919
territory, country, or the United States and every insurance 49,920
holding company affiliate excepted under division (D) of this 49,921
section. 49,922
Sec. 5725.18. (A) An annual franchise tax on the 49,931
privilege of being an insurance company is hereby levied on each 49,932
domestic insurance company. In the month of May, annually, the 49,933
treasurer of state shall charge for collection from each domestic 49,934
insurance company a franchise tax in the amount computed in 49,935
accordance with division (A) or (B) of this section, whichever is 49,936
less:
(A) Six-tenths of one per cent of the value of the capital 49,938
and surplus of a domestic insurance company having capital 49,939
divided into shares, or the value of the surplus of a domestic 49,940
insurance company not having capital divided into shares, as 49,941
reported by the company in its annual statement for the preceding 49,942
year filed with and approved by the superintendent of insurance 49,943
setting forth the admitted and nonadmitted assets and the 49,944
liabilities of the company, including in such liabilities: 49,945
(1) The reserve and unearned premium liabilities computed 49,947
as provided by law, which is the amount of debts of an insurance 49,948
1124
company because of its outstanding policies in gross; 49,949
(2) Amounts set apart for the payment of dividends to 49,951
policyholders, and all actual liabilities set forth in the annual 49,952
statement. 49,953
(B) Two OF ONE and one-half per cent of the gross amount 49,957
of premiums received by any such domestic insurance company from 49,958
policies covering risks within this state during the preceding 49,959
calendar year, after making the deductions prescribed by section 49,960
5729.03 of the Revised Code for foreign insurance companies. The 49,961
objects of such tax are those declared in section 5725.24 of the 49,962
Revised Code, to which only such tax shall be applied. 49,963
(C)(B) In no case shall such tax be less than twenty-five 49,966
TWO HUNDRED FIFTY dollars. 49,967
Sec. 5725.181. AN ANNUAL FRANCHISE TAX ON THE PRIVILEGE OF 49,969
BEING AN INSURANCE COMPANY IS HEREBY LEVIED ON EACH DOMESTIC 49,970
INSURANCE COMPANY. IN THE MONTH OF MAY, ANNUALLY, THE TREASURER 49,971
OF STATE SHALL CHARGE FOR COLLECTION FROM EACH DOMESTIC INSURANCE 49,972
COMPANY A FRANCHISE TAX IN THE AMOUNT COMPUTED IN ACCORDANCE WITH 49,973
DIVISION (A) OR (B) OF THIS SECTION, WHICHEVER IS LESS: 49,974
(A) SIX-TENTHS OF ONE PER CENT OF THE VALUE OF THE CAPITAL 49,976
AND SURPLUS OF A DOMESTIC INSURANCE COMPANY HAVING CAPITAL 49,977
DIVIDED INTO SHARES, OR THE VALUE OF THE SURPLUS OF A DOMESTIC 49,978
INSURANCE COMPANY NOT HAVING CAPITAL DIVIDED INTO SHARES, AS 49,979
REPORTED BY THE COMPANY IN ITS ANNUAL STATEMENT FOR THE PRECEDING 49,980
YEAR FILED WITH AND APPROVED BY THE SUPERINTENDENT OF INSURANCE 49,981
SETTING FORTH THE ADMITTED AND NONADMITTED ASSETS AND THE 49,982
LIABILITIES OF THE COMPANY, INCLUDING IN SUCH LIABILITIES: 49,983
(1) THE RESERVE AND UNEARNED PREMIUM LIABILITIES COMPUTED 49,985
AS PROVIDED BY LAW, WHICH IS THE AMOUNT OF DEBTS OF AN INSURANCE 49,986
COMPANY BECAUSE OF ITS OUTSTANDING POLICIES IN GROSS; 49,987
(2) AMOUNTS SET APART FOR THE PAYMENT OF DIVIDENDS TO 49,989
POLICYHOLDERS, AND ALL ACTUAL LIABILITIES SET FORTH IN THE ANNUAL 49,990
STATEMENT. 49,991
(B) TWO AND ONE-HALF PER CENT OF THE GROSS AMOUNT OF 49,993
1125
PREMIUMS RECEIVED BY ANY SUCH DOMESTIC INSURANCE COMPANY FROM 49,994
POLICIES COVERING RISKS WITHIN THIS STATE DURING THE PRECEDING 49,995
CALENDAR YEAR, AFTER MAKING THE DEDUCTIONS PRESCRIBED BY SECTION 49,996
5729.03 OF THE REVISED CODE FOR FOREIGN INSURANCE COMPANIES. THE 49,997
OBJECTS OF SUCH TAX ARE THOSE DECLARED IN SECTION 5725.24 OF THE 49,999
REVISED CODE, TO WHICH ONLY SUCH TAX SHALL BE APPLIED.
(C) IN NO CASE SHALL SUCH TAX BE LESS THAN TWENTY-FIVE 50,001
DOLLARS. 50,002
Sec. 5727.111. The taxable property of each public 50,011
utility, except a railroad company, and of each interexchange 50,012
telecommunications company shall be assessed at the following 50,013
percentages of true value: 50,014
(A) Fifty per cent in the case of a rural electric 50,016
company; 50,017
(B) In the case of a telephone or telegraph company, the 50,020
percentage provided under division (D)(E) of section 5711.22 of 50,021
the Revised Code for taxable property first subject to taxation 50,022
in this state for tax year 1995 or thereafter, and eighty-eight 50,023
per cent for all other taxable property;
(C) Eighty-eight per cent in the case of a natural gas or 50,025
pipe-line company; 50,026
(D) Eighty-eight per cent in the case of a water-works or 50,028
heating company; 50,029
(E) One hundred per cent in the case of the taxable 50,031
production equipment of an electric company; 50,032
(F) Eighty-eight per cent in the case of all taxable 50,034
personal property of an electric company, other than its 50,035
production equipment; 50,036
(G) The percentage provided under division (D)(E) of 50,039
section 5711.22 of the Revised Code in the case of an 50,040
interexchange telecommunications company; 50,041
(H) Twenty-five per cent in the case of a water 50,043
transportation company. 50,044
Sec. 5727.12. As used in this chapter, "property used in 50,053
1126
railroad operations" means property used in or determined by the 50,054
tax commissioner to be held by a railroad for use in railroad 50,055
operations. In determining the true value of all real and 50,056
personal property owned or leased by each railroad company and 50,057
used in railroad operations, the commissioner shall use the 50,058
unitary method and value all of the property of the company's 50,059
railroad system as a whole, considering the factors generally 50,060
used in that method, and weighing each factor appropriately. The 50,061
true value of the property used in railroad operations shall be 50,062
apportioned to this state as provided in section 5727.14 of the 50,063
Revised Code. The commissioner shall separately determine the 50,064
true value of property owned by the company that he THE 50,065
COMMISSIONER determines is not used in railroad operations. The 50,067
commissioner may require the ADVICE OF county auditors to advise 50,068
him concerning such values. 50,069
All property of a railroad shall be assessed for taxation 50,071
at the same percentage of true value at which all other real 50,072
property in this state is assessed, in the case of real property, 50,073
and at the percentage of true value provided under division 50,075
(D)(E) of section 5711.22 of the Revised Code, in the case of 50,076
personal property. 50,077
A determination of the value of each tract, lot, or parcel 50,079
of real property or each item of personal property not used in 50,080
railroad operations shall be considered a separate determination 50,081
with respect to which a separate petition for reassessment may be 50,082
filed under section 5727.47 of the Revised Code. 50,083
Where a line of railroad is subsidized under the terms of 50,085
the federal regional rail reorganization act or the federal rail 50,086
revitalization and regulatory reform act, the real and other 50,087
fixed property shall be assessed solely in the name of its owner. 50,088
Sec. 5728.09. (A) Any person who fails to file timely the 50,097
return required by section 5728.08 of the Revised Code shall pay 50,098
an additional charge equal to the greater of fifty dollars or ten 50,099
per cent of the tax due. Any additional charge imposed under 50,100
1127
this section may be collected through an assessment as provided 50,101
in section 5728.10 of the Revised Code. 50,102
(B) If the tax imposed by this chapter or section 5735.31 50,104
of the Revised Code, or any portion of that tax, whether 50,105
determined by the tax commissioner or the taxpayer, is not paid 50,106
on or before the date prescribed in section 5728.08 of the 50,107
Revised Code, interest shall be collected and paid in the same 50,108
manner as the tax, upon that unpaid amount at the rate per annum 50,109
prescribed by section 5703.47 of the Revised Code from the date 50,110
prescribed for payment of the tax until it is paid OR UNTIL THE 50,111
DAY AN ASSESSMENT IS ISSUED UNDER SECTION 5728.10 OF THE REVISED 50,112
CODE, WHICHEVER OCCURS FIRST. Any interest imposed under this 50,114
section CHAPTER may be collected through an assessment as 50,116
provided in section 5728.10 of the Revised Code.
Sec. 5728.10. (A) If any person required to file a 50,126
highway use tax return by sections 5728.01 to 5728.14 of the 50,127
Revised Code, fails to file the return within the time prescribed 50,128
by those sections, files an incomplete return, files an incorrect 50,129
return, or fails to remit the full amount of the tax due for the 50,130
period covered by the return, the tax commissioner may make an 50,131
assessment against the person, based upon any information in the 50,132
commissioner's possession, for the period for which the tax was 50,133
due. 50,134
No assessment shall be made against any person for any tax 50,136
imposed by this chapter more than four years after the last day 50,137
of the calendar year during which the tax was due. This section 50,138
does not bar an assessment against any person who fails to file a 50,139
highway use tax return as required by this chapter, or who files 50,140
a fraudulent highway use tax return. 50,141
A penalty of fifteen per cent shall be added to the amount 50,143
of every assessment made pursuant to this section. The 50,144
commissioner may adopt rules providing for the remission of 50,145
penalties added to assessments made under this section. 50,146
The commissioner shall give the party assessed written 50,148
1128
notice of the assessment by personal service or certified mail. 50,149
Any tax assessed shall continue to accrue interest as prescribed 50,150
in division (B) of section 5728.09 of the Revised Code. 50,151
(B) Unless the party to whom the notice of assessment is 50,153
directed files with the commissioner within thirty days after 50,154
service of the notice of assessment, either personally or by 50,155
certified mail, a petition for reassessment in writing, signed by 50,156
the party assessed, or by his THE PARTY'S authorized agent having 50,158
knowledge of the facts, the assessment shall become conclusive 50,159
FINAL and the amount of the assessment shall be due and payable 50,161
from the party assessed to the treasurer of state. The petition 50,162
shall indicate the objections of the party assessed, but 50,163
additional objections may be raised in writing if received prior 50,164
to the date shown on the final determination by the commissioner. 50,165
Unless the petitioner waives a hearing, the commissioner 50,167
shall assign a time and place for the hearing on the petition and 50,168
notify the petitioner of the time and place of the hearing by 50,169
personal service or certified mail, but the commissioner may 50,170
continue the hearing from time to time if necessary. 50,171
The commissioner may make such correction to his THE 50,173
assessment as he THE COMMISSIONER finds proper. The commissioner 50,174
shall serve a copy of his THE COMMISSIONER'S final determination 50,175
on the petitioner by personal service or certified mail, and his 50,177
THE COMMISSIONER'S decision in the matter shall be final, subject 50,179
to appeal as provided in section 5717.02 of the Revised Code. 50,180
Only objections decided on the merits by the board of tax appeals 50,181
or a court shall be given collateral estoppel or res judicata 50,182
effect in considering an application for refund of amounts paid 50,183
pursuant to the assessment.
(C) After an assessment becomes final, if any portion of 50,185
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 50,186
certified copy of the commissioner's entry making the assessment 50,188
final may be filed in the office of the clerk of the court of 50,189
common pleas in the county in which the party's place of business 50,190
1129
is located or the county in which the party assessed resides. If 50,191
the party maintains no office in this state and is not a resident 50,192
of this state, the certified copy of the entry may be filed in 50,193
the office of the clerk of the court of common pleas of Franklin 50,194
county.
The clerk, immediately upon the filing of the entry, shall 50,196
enter a judgment for the state of Ohio against the party assessed 50,197
in the amount shown on the entry. The judgment may be filed by 50,198
the clerk in a loose-leaf book entitled "special judgments for 50,199
state highway use tax."," AND SHALL HAVE THE SAME EFFECT AS OTHER 50,201
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE 50,202
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 50,203
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 50,205
office, the unpaid THE portion of the assessment NOT PAID WITHIN 50,206
THIRTY DAYS AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear 50,207
interest at the rate per annum prescribed by section 5703.47 of 50,208
the Revised Code and shall have the same effect as other 50,209
judgments. Execution shall issue upon the judgment upon request 50,210
of the commissioner, and all laws applicable to sales on 50,211
execution shall be applicable to sales made under the judgment 50,212
FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL IT 50,213
IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX 50,214
AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS 50,215
SECTION. 50,216
(D) All money collected by the commissioner under this 50,218
section shall be paid into the state treasury in the same manner 50,219
as the revenues deriving from the taxes imposed by section 50,220
5728.06 of the Revised Code. 50,221
Sec. 5729.03. (A) If the superintendent of insurance 50,230
finds the annual statement required by section 5729.02 of the 50,231
Revised Code to be correct, he THE SUPERINTENDENT shall compute 50,232
an amount of two ONE and one-half per cent of the balance of such 50,234
gross amount, after deducting such return premiums and 50,235
1130
considerations received for reinsurance, and charge such amount 50,236
to such company as a tax upon the business done by it in this 50,237
state for the period covered by such annual statement; provided, 50,238
that any insurance policies which were not issued in violation of 50,239
Title XXXIX of the Revised Code and which were issued prior to 50,240
April 15, 1967, by a life insurance company organized and 50,241
operated without profit to any private shareholder or individual, 50,242
exclusively for the purpose of aiding educational or scientific 50,243
institutions organized and operated without profit to any private 50,244
shareholder or individual, are not subject to the tax imposed by 50,245
this section. All taxes collected pursuant to this section shall 50,246
be credited to the general revenue fund.
(B) IN NO CASE SHALL THE TAX IMPOSED UNDER THIS SECTION BE 50,248
LESS THAN TWO HUNDRED FIFTY DOLLARS. 50,249
Sec. 5729.031. AS USED IN THIS SECTION, "INSURANCE COMPANY 50,251
GROUP" MEANS TWO OR MORE INSURANCE COMPANIES THAT ARE OWNED BY A 50,252
COMMON OWNER OR TWO OR MORE INSURANCE COMPANIES AMONG WHICH ONE 50,253
COMPANY OWNS THE OTHER COMPANY OR COMPANIES. A FOREIGN OR 50,254
DOMESTIC INSURANCE COMPANY OR INSURANCE COMPANY GROUP MAY CLAIM A 50,255
CREDIT AGAINST THE TAX IMPOSED UNDER SECTION 5725.18 OR 5729.03
OF THE REVISED CODE. AN INSURANCE COMPANY GROUP SHALL COMPUTE 50,256
ONE CREDIT FOR THE GROUP AS A WHOLE, AND ONE OR MORE COMPANIES IN 50,257
THE GROUP MAY CLAIM ALL OR A PORTION OF THAT CREDIT UNTIL IT IS 50,258
EXHAUSTED. THE SUPERINTENDENT OF INSURANCE MAY ADOPT RULES FOR 50,259
THE APPORTIONMENT OF THE CREDIT AMONG THE MEMBERS OF AN INSURANCE
COMPANY GROUP. THE AMOUNT OF THE CREDIT SHALL EQUAL THE AMOUNT 50,261
COMPUTED AS FOLLOWS:
(A) SUBTRACT THE TOTAL DOLLAR AMOUNT OF ALL PREMIUMS SOLD 50,263
IN ALL STATES BY THE COMPANY, IN THE CASE OF AN INDIVIDUAL 50,264
COMPANY, OR BY THE GROUP, IN THE CASE OF AN INSURANCE COMPANY 50,265
GROUP, FROM FIFTY MILLION DOLLARS;
(B) DIVIDE THE RESULT OBTAINED IN DIVISION (A) OF THIS 50,267
SECTION BY FIFTY MILLION; 50,268
(C) MULTIPLY THE QUOTIENT OBTAINED IN DIVISION (B) OF THIS 50,271
1131
SECTION BY TWO HUNDRED THOUSAND.
(D) THE PRODUCT OBTAINED IN DIVISION (C) OF THIS SECTION 50,273
SHALL EQUAL THE CREDIT TO WHICH AN INSURANCE COMPANY OR AN 50,274
INSURANCE COMPANY GROUP IS ENTITLED, BUT THE CREDIT SHALL NOT 50,275
REDUCE THE TAX LIABILITY OF ANY INDIVIDUAL COMPANY OR OF ANY 50,276
COMPANY WITHIN AN INSURANCE COMPANY GROUP BELOW THE MINIMUM TAX 50,277
REQUIRED BY DIVISION (B) OF SECTION 5725.18 OR DIVISION (B) OF 50,278
SECTION 5729.03 OF THE REVISED CODE. IF THE DIFFERENCE OBTAINED
IN DIVISION (A) OF THIS SECTION IS LESS THAN OR EQUAL TO ZERO, 50,279
THE CREDIT ALLOWED UNDER THIS SECTION EQUALS ZERO. 50,280
(E) A REDUCTION IN THE TAXES OF A FOREIGN INSURANCE 50,282
COMPANY TO THE EXTENT OBTAINED THROUGH A CLAIM FOR CREDIT UNDER 50,283
THIS SECTION DOES NOT INCREASE THE RETALIATORY TAX LIABILITY 50,284
OTHERWISE CHARGED AGAINST THAT COMPANY.
Sec. 5733.01. (A) The tax provided by this chapter for 50,293
domestic corporations shall be the amount charged against each 50,294
corporation organized for profit under the laws of this state and 50,295
each nonprofit corporation organized pursuant to Chapter 1729. of 50,297
the Revised Code, except as provided in sections 5733.09 and 50,298
5733.10 of the Revised Code, for the privilege of exercising its 50,299
franchise during the calendar year in which that amount is
payable, and the tax provided by this chapter for foreign 50,300
corporations shall be the amount charged against each corporation 50,301
organized for profit and each nonprofit corporation organized or 50,302
operating in the same or similar manner as nonprofit corporations 50,303
organized under Chapter 1729. of the Revised Code, under the laws 50,304
of any state or country other than this state, except as provided 50,305
in sections 5733.09 and 5733.10 of the Revised Code, for the 50,306
privilege of doing business in this state, owning or using a part 50,307
or all of its capital or property in this state, or holding a 50,308
certificate of compliance with the laws of this state authorizing 50,309
it to do business in this state, OR OTHERWISE HAVING NEXUS IN OR 50,310
WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES, 50,315
during the calendar year in which that amount is payable. 50,317
1132
(B) A corporation is subject to the tax imposed by this 50,319
chapter SECTION 5733.06 OF THE REVISED CODE for each calendar 50,320
year that it is so organized, doing business, owning or using a 50,322
part or all of its capital or property, or holding a certificate 50,323
of compliance, OR OTHERWISE HAVING NEXUS IN OR WITH THIS STATE 50,325
UNDER THE CONSTITUTION OF THE UNITED STATES, on the first day of 50,330
January of that calendar year.
(C) Any corporation subject to this chapter that is not 50,332
subject to the federal income tax shall file its returns and 50,333
compute its tax liability as required by this chapter in the same 50,334
manner as if that corporation were subject to the federal income 50,335
tax. 50,336
(D) For purposes of this chapter, a federally chartered 50,338
financial institution shall be deemed to be organized under the 50,339
laws of the state within which its principal office is located. 50,340
(E) A business trust, as defined in division (A) of 50,342
section 1746.01 of the Revised Code, shall be treated as a 50,343
corporation organized for profit for purposes of this chapter. 50,344
(F) A limited liability company formed under Chapter 1705. 50,346
of the Revised Code or under the laws of any other state shall be 50,347
treated as a corporation for purposes of this chapter only if the 50,348
company is classified for federal income tax purposes as an 50,349
association taxable as a corporation.
Sec. 5733.02. Annually, between the first day of January 50,359
and the thirty-first day of March or on or before the date as 50,360
extended under section 5733.13 of the Revised Code, each 50,361
corporation incorporated under the laws of this state for profit, 50,362
each corporation not for profit organized under Chapter 1729. of 50,363
the Revised Code, each foreign corporation for profit, and each 50,364
corporation not for profit organized or operating in the same or 50,365
similar manner as corporations not for profit organized under 50,366
Chapter 1729. of the Revised Code, doing business in this state, 50,367
owning or using a part or all of its capital or property in this 50,368
state, or authorized by the secretary of state to transact 50,369
1133
business in this state TAXPAYER shall make a report in writing to 50,370
the treasurer of state in such form as the tax commissioner 50,372
prescribes, and shall remit to the treasurer of state, with the 50,373
remittance made payable to the treasurer of state, the amount of 50,374
the tax as shown to be due by such report less the amount paid 50,375
for the year on a declaration of estimated tax report filed by 50,376
the taxpayer as provided by section 5733.021 of the Revised Code. 50,377
Remittance shall be made in the form prescribed by the treasurer 50,378
of state, including electronic funds transfer if required by 50,379
section 5733.022 of the Revised Code. The treasurer shall show 50,380
on the report the date it was filed and the amount of the payment 50,381
remitted to the treasurer. Thereafter, the treasurer shall 50,382
immediately transmit all reports filed under this section to the 50,383
tax commissioner. 50,384
The commissioner shall furnish corporations, on request, 50,386
copies of the forms prescribed by him THE COMMISSIONER for the 50,387
purpose of making such report. A domestic corporation shall not 50,388
dissolve, and a foreign corporation shall not withdraw or retire 50,389
from business in Ohio, on or after the first day of January in 50,390
any year without making a franchise tax report to the 50,391
commissioner and paying or securing the tax charged for the year 50,392
in which such dissolution or withdrawal occurs. 50,393
The annual corporation report shall be signed by the 50,395
president, vice-president, secretary, treasurer, general manager, 50,396
superintendent, or managing agent in this state of such 50,397
corporation. If a domestic corporation has not completed its 50,398
organization, its annual report shall be signed by one of its 50,399
incorporators. 50,400
The report shall contain the facts, figures, computations, 50,402
and attachments that result in the tax charged by this chapter 50,403
and determined in the manner provided within the chapter. 50,404
Sec. 5733.022. (A) Subject to division (C) of this 50,413
section, if a taxpayer's total liability for taxes imposed by 50,414
this chapter SECTION 5733.06 OF THE REVISED CODE, after reduction 50,415
1134
for all nonrefundable credits allowed the taxpayer, for tax year 50,417
1992 or 1993 exceeds one hundred thousand dollars, the taxpayer 50,418
shall remit each tax payment for tax year 1994 to the treasurer 50,419
of state by electronic funds transfer as prescribed by divisions 50,420
(B) and (C) of this section. Subject to division (C) of this 50,421
section, if a taxpayer's total liability for taxes, after 50,422
reduction for all nonrefundable credits allowed the taxpayer, 50,423
exceeds one hundred thousand dollars for tax year 1993, the 50,424
taxpayer shall remit each tax payment for tax year 1995 by 50,426
electronic funds transfer as prescribed by divisions (B) and (C) 50,427
of this section. If a taxpayer's total liability for taxes, 50,428
after reduction for all nonrefundable credits allowed the 50,429
taxpayer, exceeds seventy-five thousand dollars for tax year 50,430
1994, the taxpayer shall remit each tax payment for tax year 1996 50,431
by electronic funds transfer as prescribed by divisions (B) and
(C) of this section. For tax year 1997 and any succeeding tax 50,432
year, if a taxpayer's total liability for taxes, after reduction 50,433
for all nonrefundable credits allowed the taxpayer, exceeds fifty 50,434
thousand dollars for the second preceding tax year, the taxpayer 50,435
shall remit each tax payment for the tax year by electronic funds 50,436
transfer as prescribed by divisions (B) and (C) of this section. 50,437
The tax commissioner shall notify each taxpayer required to 50,439
remit taxes by electronic funds transfer of the taxpayer's 50,440
obligation to do so, shall maintain an updated list of those 50,441
taxpayers, and shall provide the list and any additions thereto 50,442
or deletions therefrom to the treasurer of state. Failure by the 50,443
tax commissioner to notify a taxpayer subject to this section to 50,444
remit taxes by electronic funds transfer does not relieve the 50,445
taxpayer of its obligation to remit taxes by electronic funds 50,446
transfer. 50,447
(B) Taxpayers required by this section to remit payments 50,449
by electronic funds transfer shall remit such payments to the 50,450
treasurer of state in the manner prescribed by rules adopted by 50,451
the treasurer under section 113.061 of the Revised Code. 50,452
1135
Except as otherwise provided in this paragraph, the payment 50,454
of taxes by electronic funds transfer does not affect a 50,455
taxpayer's obligation to file the annual corporation report or 50,456
the declaration of estimated tax report as required under 50,457
sections 5733.02 and 5733.021 of the Revised Code. If the 50,458
taxpayer remits estimated tax payments in a manner, designated by 50,459
rule of the treasurer of state, that permits the inclusion of all 50,460
information necessary for the treasurer of state to process the 50,461
tax payment, the taxpayer need not file the declaration of 50,462
estimated tax report as required by section 5733.021 of the 50,463
Revised Code. 50,464
(C) If two or more taxpayers have elected or are required 50,466
to file a combined report under section 5733.052 of the Revised 50,467
Code, the tax liability of those taxpayers for purposes of 50,468
division (A) of this section is the aggregate tax liability of 50,469
those taxpayers after reduction for nonrefundable credits allowed 50,470
the taxpayers. 50,471
(D) A taxpayer required by this section to remit taxes by 50,473
electronic funds transfer may apply to the treasurer of state in 50,474
the manner prescribed by the treasurer to be excused from that 50,475
requirement. The treasurer of state may excuse the taxpayer from 50,476
remittance by electronic funds transfer for good cause shown for 50,477
the period of time requested by the taxpayer or for a portion of 50,478
that period. The treasurer shall notify the tax commissioner and 50,479
the taxpayer of the treasurer's decision as soon as is 50,480
practicable. 50,481
(E) If a taxpayer required by this section to remit taxes 50,483
by electronic funds transfer remits those taxes by some means 50,484
other than by electronic funds transfer as prescribed by this 50,485
section and the rules adopted by the treasurer of state, and the 50,486
treasurer determines that such failure was not due to reasonable 50,487
cause or was due to willful neglect, the treasurer shall notify 50,488
the tax commissioner of the failure to remit by electronic funds 50,489
transfer and shall provide the commissioner with any information 50,490
1136
used in making that determination. The tax commissioner may 50,491
collect an additional charge by assessment in the manner 50,492
prescribed by section 5733.11 of the Revised Code. The 50,493
additional charge shall equal five per cent of the amount of the 50,494
taxes or estimated tax payments required to be paid by electronic 50,495
funds transfer, but shall not exceed five thousand dollars. Any 50,496
additional charge assessed under this section is in addition to 50,497
any other penalty or charge imposed under this chapter, and shall 50,498
be considered as revenue arising from the tax TAXES imposed under 50,500
this chapter. The tax commissioner may remit all or a portion of
such a charge and may adopt rules governing such remission. 50,501
No additional charge shall be assessed under this division 50,503
against a taxpayer that has been notified of its obligation to 50,504
remit taxes under this section and that remits its first two tax 50,505
payments after such notification by some means other than 50,506
electronic funds transfer. The additional charge may be assessed 50,507
upon the remittance of any subsequent tax payment that the 50,508
taxpayer remits by some means other than electronic funds 50,509
transfer. 50,510
Sec. 5733.03. The annual corporation report shall include 50,520
statements of the following facts as of the date of the beginning 50,521
of the corporation's annual accounting period that includes the 50,522
first day of January of the tax year: 50,523
(A) The name of the corporation; 50,525
(B) The name of the state or country under the laws of 50,527
which it is incorporated; 50,528
(C) The location of its principal office and, in the case 50,530
of a foreign corporation, the location of its principal place of 50,531
business in this state and the name and address of the officer or 50,532
agent of the corporation in charge of the business in this state; 50,533
(D) The names of its president, secretary, treasurer, and 50,535
statutory agent in this state, with the post office address of 50,537
each;
(E) The kind of business in which the corporation is 50,539
1137
engaged; 50,540
(F) The date of the beginning of the corporation's annual 50,542
accounting period that includes the first day of January of the 50,543
tax year; 50,544
(G) The amount of its capital, surplus, whether earned or 50,546
unearned, undivided profits, and reserves, as shown by the books 50,547
of the corporation. A complete schedule shall be filed with the 50,548
report showing the object and amount of each such reserve. There 50,549
shall also be filed with the report a schedule of the annual 50,550
rates of depreciation and depletion. 50,551
(H) The location and value of the property owned or used 50,553
by the corporation as shown on its books, both within and without 50,554
the state, given separately; 50,555
(I) The total amount of business done and the amount of 50,557
business done within the state by the corporation during its 50,558
preceding annual accounting period, given separately. Business 50,559
done within this state by domestic corporations shall include all 50,560
business except extra-state business. 50,561
(J) The value of the good will of the corporation, as 50,563
shown on its books, if carried as an asset; 50,564
(K) The taxpayer's net income during the year or portion 50,566
thereof preceding the date of commencement of its annual 50,567
accounting period that includes the first day of January of the 50,568
tax year; 50,569
(L)(1) The cost or rental rate of the real and tangible 50,571
personal property owned or rented and used by the corporation and 50,572
whether located in or outside Ohio; 50,573
(2) The total payroll compensation paid and the payroll 50,575
compensation paid in this state; 50,576
(3) The total sales made by the corporation and the total 50,578
sales made within this state. 50,579
(M) All other information that the tax commissioner 50,581
requires for the proper administration and enforcement of this 50,582
chapter. 50,583
1138
The tax commissioner may prescribe requirements as to the 50,585
keeping of records and other pertinent documents, the filing of 50,586
copies of federal income tax returns and determinations, and 50,587
computations reconciling federal income tax returns with the 50,588
report required by section 5733.02 or 5733.021 of the Revised 50,589
Code. The commissioner may require any corporation, by rule or 50,590
notice served on such corporation, to keep such records as he THE 50,591
COMMISSIONER considers necessary to show whether, and the extent 50,592
to which, a corporation is subject to this chapter. Such records 50,594
and other documents shall be open during business hours to the 50,595
inspection of the commissioner, and shall be preserved for a 50,596
period of four years, unless the commissioner, in writing, 50,597
consents to their destruction within that period, or by order 50,598
requires that they be kept longer. 50,599
Any information gained as the result of returns, 50,601
investigations, hearings, or verifications required or authorized 50,602
by Chapter 5733. of the Revised Code is confidential, and no 50,603
person shall disclose such information, except for official 50,604
purposes, or as provided by division (B) of section 5703.21 or 50,605
section 5715.50 of the Revised Code, or in accordance with a 50,607
proper judicial order. The tax commissioner may furnish the 50,608
internal revenue service with copies of returns filed. This 50,609
section does not prohibit the publication of statistics in a form 50,610
which does not disclose information with respect to individual 50,611
taxpayers.
By the thirty-first day of March each year, the tax 50,613
commissioner shall release to the secretary of state the name and 50,615
address of each corporation and the name and address of the 50,618
statutory agent of that corporation as indicated in the
corporation's annual report filed during the preceding calendar 50,619
year.
Sec. 5733.031. (A) A taxpayer's CORPORATION'S TAXABLE 50,629
YEAR IS A PERIOD ENDING ON THE DATE IMMEDIATELY PRECEDING THE 50,630
DATE OF COMMENCEMENT OF THE CORPORATION'S ANNUAL ACCOUNTING 50,631
1139
PERIOD THAT INCLUDES THE FIRST DAY OF JANUARY OF THE TAX YEAR. 50,632
EXCEPT AS OTHERWISE PROVIDED, A CORPORATION'S taxable year is the 50,634
same as its THE CORPORATION'S taxable year for federal income tax 50,635
purposes. If a taxpayer's CORPORATION'S taxable year is changed 50,637
for federal income tax purposes, the taxable year for purposes of 50,639
this chapter is changed accordingly BUT MAY CONSIST OF AN 50,641
AGGREGATION OF MORE THAN ONE TAXABLE YEAR FOR FEDERAL INCOME TAX 50,642
PURPOSES. THE TAX COMMISSIONER MAY PRESCRIBE BY RULE, AN 50,643
APPROPRIATE PERIOD AS THE TAXABLE YEAR FOR A CORPORATION THAT HAS 50,644
HAD A CHANGE OF ITS TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES, 50,646
FOR A CORPORATION THAT HAS TWO OR MORE SHORT TAXABLE YEARS FOR 50,647
FEDERAL INCOME TAX PURPOSES AS THE RESULT OF A CHANGE OF 50,648
OWNERSHIP, OR FOR A NEW TAXPAYER THAT WOULD OTHERWISE HAVE NO
TAXABLE YEAR. 50,649
(B) A taxpayer's CORPORATION'S method of accounting for 50,651
the base calculated under division (B) of section 5733.05 of the 50,653
Revised Code shall be the same as its method of accounting for 50,654
federal income tax purposes. In the absence of any method of 50,655
accounting for federal income tax purposes, income shall be 50,656
computed under such method as in the opinion of the tax 50,657
commissioner clearly reflects income:. 50,658
(1) If IF a taxpayer's CORPORATION'S method of accounting 50,661
is changed for federal income tax purposes, its method of 50,662
accounting for purposes of this chapter shall be changed 50,663
accordingly.
(2) If a taxpayer's method of accounting is changed, other 50,665
than from an accrual to an installment method, any additional tax 50,666
that results from adjustments determined to be necessary solely 50,667
by reason of the change shall not be greater than if such 50,668
adjustments were ratably allocated and included for the taxable 50,669
year of the change and the preceding taxable year or years not in 50,670
excess of two, during which the taxpayer used the method of 50,671
accounting from which the change is made. 50,672
(3) If a taxpayer's method of accounting is changed from 50,674
1140
an accrual to an installment method, any additional tax for the 50,675
year of such change of method, and for any subsequent year, that 50,676
is attributable to the receipt of installment payments properly 50,677
accrued in a prior year shall be reduced by the portion of the 50,678
tax for any prior taxable year attributable to the accrual of 50,679
such installment payments, in accordance with the rules of the 50,680
tax commissioner. 50,681
(C) If any of the facts, figures, computations, or 50,683
attachments required in a corporation's annual report to 50,684
determine the tax charged by this chapter must be altered as the 50,685
result of an adjustment to the corporation's federal income tax 50,686
return, whether the adjustment is initiated by the corporation or 50,687
the internal revenue service, and such alteration affects the 50,688
corporation's tax liability under this chapter, the corporation 50,689
shall file an amended report with the tax commissioner in such 50,690
form as the commissioner requires. The amended report shall be 50,691
filed not later than one year after the adjustment has been 50,692
agreed to or finally determined for federal income tax purposes 50,693
or any federal income tax deficiency or refund, or the abatement 50,694
or credit resulting therefrom, has been assessed or paid, 50,695
whichever occurs first. 50,696
(1) In the case of an underpayment, the amended report 50,698
shall be accompanied by payment of an additional tax and interest 50,699
due and is a report subject to assessment under section 5733.11 50,700
of the Revised Code for the purpose of assessing any additional 50,701
tax due under this division, together with any applicable penalty 50,702
and interest. It shall not reopen those facts, figures, 50,703
computations, or attachments from a previously filed report no 50,704
longer subject to assessment that are not affected, either 50,705
directly or indirectly, by the adjustment to the corporation's 50,706
federal income tax return. 50,707
(2) In the case of an overpayment, an application for 50,709
refund may be filed under this division within the one-year 50,710
period prescribed for filing the amended report even if it is 50,711
1141
filed beyond the period prescribed in division (B) of section 50,712
5733.12 of the Revised Code if it otherwise conforms to the 50,713
requirements of such section. An application filed under this 50,714
division shall claim refund of overpayments resulting from 50,715
alterations to only those facts, figures, computations, or 50,716
attachments required in the corporation's annual report that are 50,717
affected, either directly or indirectly, by the adjustment to the 50,718
corporation's federal income tax return unless it is also filed 50,719
within the time prescribed in division (B) of section 5733.12 of 50,720
the Revised Code. It shall not reopen those facts, figures, 50,721
computations, or attachments that are not affected, either 50,722
directly or indirectly, by the adjustment to the corporation's 50,723
federal income tax return. 50,724
Sec. 5733.04. As used in this chapter: 50,733
(A) "Issued and outstanding shares of stock" applies to 50,735
nonprofit corporations, as provided in section 5733.01 of the 50,736
Revised Code, and includes but is not limited to, membership 50,737
certificates and other instruments evidencing ownership of an 50,738
interest in such nonprofit corporations, and with respect to a 50,739
financial institution which does not have capital stock, "issued 50,740
and outstanding shares of stock" includes, but is not limited to, 50,741
ownership interests of depositors in the capital employed in such 50,742
an institution. 50,743
(B) "Taxpayer" means a corporation subject to the tax 50,745
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE. 50,746
(C) "Resident" means a corporation organized under the 50,748
laws of this state. 50,749
(D) "Commercial domicile" means the principal place from 50,751
which the trade or business of the taxpayer is directed or 50,752
managed. 50,753
(E) "Taxable year" means the year or portion thereof 50,755
PERIOD PRESCRIBED BY DIVISION (A) OF SECTION 5733.031 OF THE 50,756
REVISED CODE upon the net income of which the value of the 50,758
taxpayer's issued and outstanding shares of stock is determined 50,759
1142
or the year at the end UNDER DIVISION (B) OF SECTION 5733.05 OF 50,761
THE REVISED CODE OR THE PERIOD PRESCRIBED BY DIVISION (A) OF 50,762
SECTION 5733.031 OF THE REVISED CODE THAT IMMEDIATELY PRECEDES 50,764
THE DATE AS of which the total value of the corporation is 50,766
determined UNDER DIVISION (A) OR (C) OF SECTION 5733.05 OF THE 50,767
REVISED CODE.
(F) "Tax year" means the calendar year in and for which 50,769
the tax provided by this chapter is required to be paid. 50,770
(G) "Internal Revenue Code" means the "Internal Revenue 50,772
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 50,773
(H) "Federal income tax" means the income tax imposed by 50,775
the Internal Revenue Code. 50,776
(I) "Net income" means the taxpayer's taxable income 50,778
before operating loss deduction and special deductions, as 50,779
required to be reported for the taxpayer's taxable year under the 50,780
Internal Revenue Code, subject to the following adjustments: 50,781
(1)(a) Deduct any net operating loss incurred in any 50,783
taxable years ending in 1971 or thereafter but exclusive of any 50,784
net operating loss incurred in taxable years ending prior to 50,785
January 1, 1971. This deduction shall not be allowed in any tax 50,786
year commencing before December 31, 1973, but shall be carried 50,787
over and allowed in tax years commencing after December 31, 1973, 50,788
until fully utilized in the next succeeding taxable year or years 50,789
in which the taxpayer has net income, but in no case for more 50,790
than the designated carryover period as described in division 50,791
(I)(1)(b) of this section. The amount of such net operating 50,792
loss, as determined under the allocation and apportionment 50,793
provisions of section 5733.051 and division (B) of section 50,794
5733.05 of the Revised Code for the year in which the net 50,795
operating loss occurs, shall be deducted from net income, as 50,796
determined under the allocation and apportionment provisions of 50,797
section 5733.051 and division (B) of section 5733.05 of the 50,798
Revised Code, to the extent necessary to reduce net income to 50,799
zero with the remaining unused portion of the deduction, if any, 50,800
1143
carried forward to the remaining years of the designated 50,801
carryover period as described in division (I)(1)(b) of this 50,802
section, or until fully utilized, whichever occurs first. 50,803
(b) For losses incurred in taxable years ending on or 50,805
before December 31, 1981, the designated carryover period shall 50,806
be the five consecutive taxable years after the taxable year in 50,807
which the net operating loss occurred. For losses incurred in 50,808
taxable years ending on or after January 1, 1982, the designated 50,809
carryover period shall be the fifteen consecutive taxable years 50,810
after the taxable year in which the net operating loss occurs. 50,811
(c) The tax commissioner may require a taxpayer to furnish 50,813
any information necessary to support a claim for deduction under 50,814
division (I)(1)(a) of this section and no deduction shall be 50,815
allowed unless the information is furnished. 50,816
(2) Deduct any amount included in net income by 50,818
application of section 78 or 951 of the Internal Revenue Code, 50,819
amounts received for royalties, technical or other services 50,820
derived from sources outside the United States, and dividends 50,821
received from a subsidiary, associate, or affiliated corporation 50,822
that neither transacts any substantial portion of its business 50,823
nor regularly maintains any substantial portion of its assets 50,824
within the United States. For purposes of determining net 50,825
foreign source income deductible under division (I)(2) of this 50,826
section, the amount of gross income from all such sources other 50,827
than income derived by application of section 78 or 951 of the 50,828
Internal Revenue Code shall be reduced by: 50,829
(a) The amount of any reimbursed expenses for personal 50,831
services performed by employees of the taxpayer for the 50,832
subsidiary, associate, or affiliated corporation; 50,833
(b) Ten per cent of the amount of royalty income and 50,835
technical assistance fees; 50,836
(c) Fifteen per cent of the amount of dividends and all 50,838
other income. 50,839
The amounts described in divisions (I)(2)(a) to (c) of this 50,841
1144
section are deemed to be the expenses attributable to the 50,842
production of deductible foreign source income unless the 50,843
taxpayer shows, by clear and convincing evidence, less actual 50,844
expenses or the tax commissioner shows, by clear and convincing 50,845
evidence, more actual expenses. 50,846
(3) Add any loss or deduct any gain resulting from the 50,848
sale, exchange, or other disposition of a capital asset, or an 50,849
asset described in section 1231 of the Internal Revenue Code, to 50,850
the extent that such loss or gain occurred prior to the first 50,851
taxable year on which the tax provided for in section 5733.06 of 50,852
the Revised Code is computed on the corporation's net income. For 50,854
purposes of division (I)(3) of this section, the amount of the 50,855
prior loss or gain shall be measured by the difference between 50,856
the original cost or other basis of the asset and the fair market 50,857
value as of the beginning of the first taxable year on which the 50,858
tax provided for in section 5733.06 of the Revised Code is 50,859
computed on the corporation's net income. At the option of the 50,860
taxpayer, the amount of the prior loss or gain may be a
percentage of the gain or loss, which percentage shall be 50,861
determined by multiplying the gain or loss by a fraction, the 50,862
numerator of which is the number of months from the acquisition 50,863
of the asset to the beginning of the first taxable year on which 50,864
the fee provided in section 5733.06 of the Revised Code is 50,865
computed on the corporation's net income, and the denominator of 50,866
which is the number of months from the acquisition of the asset 50,867
to the sale, exchange, or other disposition of the asset. 50,868
(4) Deduct the dividend received deduction provided by 50,870
section 243 of the Internal Revenue Code. 50,871
(5) Deduct any interest or interest equivalent on public 50,873
obligations and purchase obligations to the extent included in 50,874
federal taxable income. As used in divisions (I)(5) and (6) of 50,875
this section, "public obligations," "purchase obligations," and 50,876
"interest or interest equivalent" have the same meanings as in 50,877
section 5709.76 of the Revised Code. 50,878
1145
(6) Add any loss or deduct any gain resulting from the 50,880
sale, exchange, or other disposition of public obligations to the 50,881
extent included in federal taxable income. 50,882
(7) To the extent not otherwise allowed, deduct any 50,884
dividends or distributions received by a taxpayer from a public 50,885
utility, if the taxpayer owns at least eighty per cent of the 50,886
issued and outstanding common stock of the utility. As used in 50,887
division (I)(7) of this section, "public utility" or "utility" 50,888
means a public utility as defined in Chapter 5727. of the Revised 50,889
Code, whether or not the utility is doing business in the state. 50,890
(8) To the extent not otherwise allowed, deduct any 50,892
dividends received by a taxpayer from an insurance company, if 50,893
the taxpayer owns at least eighty per cent of the issued and 50,894
outstanding common stock of the insurance company. As used in 50,895
division (I)(8) of this section, "insurance company" means an 50,896
insurance company which is taxable under Chapter 5725. or 5729. 50,897
of the Revised Code. 50,898
(9) Deduct expenditures for modifying existing buildings 50,900
or structures to meet American national standards institute 50,901
standard A-117.1-1961 (R-1971), as amended; provided, that no 50,902
deduction shall be allowed to the extent that such deduction is 50,903
not permitted under federal law or under rules of the tax 50,904
commissioner. Those deductions as are allowed may be taken over 50,905
a period of five years. The tax commissioner shall adopt rules 50,906
under Chapter 119. of the Revised Code establishing reasonable 50,907
limitations on the extent that expenditures for modifying 50,908
existing buildings or structures are attributable to the purpose 50,909
of making the buildings or structures accessible to and usable by 50,910
physically handicapped persons. 50,911
(10) Deduct the amount of wages and salaries, if any, not 50,913
otherwise allowable as a deduction but that would have been 50,914
allowable as a deduction in computing federal taxable income 50,915
before operating loss deduction and special deductions for the 50,916
taxable year, had the targeted jobs credit allowed and determined 50,917
1146
under sections 38, 51, and 52 of the Internal Revenue Code not 50,918
been in effect. 50,919
(11) Deduct net interest income on obligations of the 50,921
United States and its territories and possessions or of any 50,922
authority, commission, or instrumentality of the United States to 50,923
the extent the laws of the United States prohibit inclusion of 50,924
the net interest for purposes of determining the value of the 50,925
taxpayer's issued and outstanding shares of stock under division 50,926
(B) of section 5733.05 of the Revised Code. As used in division 50,927
(I)(11) of this section, "net interest" means interest net of any 50,928
expenses taken on the federal income tax return that would not 50,929
have been allowed under section 265 of the Internal Revenue Code 50,930
if the interest were exempt from federal income tax. 50,931
(12)(a) Except as set forth in division (I)(12)(d) of this 50,933
section, to the extent not included in computing the taxpayer's 50,934
federal taxable income before operating loss deduction and 50,935
special deductions, add gains and deduct losses from direct or 50,936
indirect sales, exchanges, or other dispositions, made by a 50,937
related entity who is not a taxpayer, of the taxpayer's indirect, 50,938
beneficial, or constructive investment in the stock or debt of 50,939
another entity, unless the gain or loss has been included in 50,940
computing the federal taxable income before operating loss 50,941
deduction and special deductions of another taxpayer with a more 50,942
closely related investment in the stock or debt of the other 50,943
entity. The amount of gain added or loss deducted shall not 50,944
exceed the product obtained by multiplying such gain or loss by 50,945
the taxpayer's proportionate share, directly, indirectly, 50,946
beneficially, or constructively, of the outstanding stock of the 50,947
related entity immediately prior to the direct or indirect sale, 50,948
exchange, or other disposition. 50,949
(b) Except as set forth in division (I)(12)(e) of this 50,951
section, to the extent not included in computing the taxpayer's 50,952
federal taxable income before operating loss deduction and 50,953
special deductions, add gains and deduct losses from direct or 50,954
1147
indirect sales, exchanges, or other dispositions made by a 50,955
related entity who is not a taxpayer, of intangible property 50,956
other than stock, securities, and debt, if such property was 50,957
owned, or used in whole or in part, at any time prior to or at 50,958
the time of the sale, exchange, or disposition by either the 50,959
taxpayer or by a related entity that was a taxpayer at any time 50,960
during the related entity's ownership or use of such property, 50,961
unless the gain or loss has been included in computing the 50,962
federal taxable income before operating loss deduction and 50,963
special deductions of another taxpayer with a more closely 50,964
related ownership or use of such intangible property. The 50,965
amount of gain added or loss deducted shall not exceed the 50,966
product obtained by multiplying such gain or loss by the 50,967
taxpayer's proportionate share, directly, indirectly, 50,968
beneficially, or constructively, of the outstanding stock of the 50,969
related entity immediately prior to the direct or indirect sale, 50,970
exchange, or other disposition. 50,971
(c) As used in division (I)(12) of this section, "related 50,973
entity" means those entities described in divisions (I)(12)(c)(i) 50,974
to (iii) of this section: 50,975
(i) An individual stockholder, or a member of the 50,977
stockholder's family enumerated in section 318 of the Internal 50,978
Revenue Code, if the stockholder and the members of the 50,979
stockholder's family own, directly, indirectly, beneficially, or 50,980
constructively, in the aggregate, at least fifty per cent of the 50,981
value of the taxpayer's outstanding stock; 50,982
(ii) A stockholder, or a stockholder's partnership, 50,984
estate, trust, or corporation, if the stockholder and the 50,985
stockholder's partnerships, estates, trusts, and corporations own 50,986
directly, indirectly, beneficially, or constructively, in the 50,987
aggregate, at least fifty per cent of the value of the taxpayer's 50,988
outstanding stock; 50,989
(iii) A corporation, or a party related to the corporation 50,991
in a manner that would require an attribution of stock from the 50,992
1148
corporation to the party or from the party to the corporation 50,993
under division (I)(12)(c)(iv) of this section, if the taxpayer 50,994
owns, directly, indirectly, beneficially, or constructively, at 50,995
least fifty per cent of the value of the corporation's 50,996
outstanding stock. 50,997
(iv) The attribution rules of section 318 of the Internal 50,999
Revenue Code apply for purposes of determining whether the 51,000
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 51,001
this section have been met. 51,002
(d) For purposes of the adjustments required by division 51,004
(I)(12)(a) of this section, the term "investment in the stock or 51,005
debt of another entity" means only those investments where the 51,006
taxpayer and the taxpayer's related entities directly, 51,007
indirectly, beneficially, or constructively own, in the 51,008
aggregate, at any time during the twenty-four month period 51,009
commencing one year prior to the direct or indirect sale, 51,010
exchange, or other disposition of such investment at least fifty 51,011
per cent or more of the value of either the outstanding stock or 51,012
such debt of such other entity. 51,013
(e) For purposes of the adjustments required by division 51,015
(I)(12)(b) of this section, the term "related entity" excludes 51,016
all of the following: 51,017
(i) Foreign corporations as defined in section 7701 of the 51,019
Internal Revenue Code; 51,020
(ii) Foreign partnerships as defined in section 7701 of 51,022
the Internal Revenue Code; 51,023
(iii) Corporations, partnerships, estates, and trusts 51,025
created or organized in or under the laws of the Commonwealth of 51,026
Puerto Rico or any possession of the United States; 51,027
(iv) Foreign estates and foreign trusts as defined in 51,029
section 7701 of the Internal Revenue Code. 51,030
The exclusions described in divisions (I)(12)(e)(i) to (iv) 51,032
of this section do not apply if the corporation, partnership, 51,033
estate, or trust is described in any one of divisions (C)(1) to 51,034
1149
(5) of section 5733.042 of the Revised Code. 51,035
(f) Nothing in division (I)(12) of this section shall 51,037
require or permit a taxpayer to add any gains or deduct any 51,038
losses described in divisions (I)(12)(f)(i) and (ii) of this 51,039
section: 51,040
(i) Gains or losses recognized for federal income tax 51,042
purposes by an individual, estate, or trust without regard to the 51,043
attribution rules described in division (I)(12)(c) of this 51,044
section, and 51,045
(ii) A related entity's gains or losses described in 51,047
division (I)(12)(b) if the taxpayer's ownership of or use of such 51,048
intangible property was limited to a period not exceeding nine 51,049
months and was attributable to a transaction or a series of 51,050
transactions executed in accordance with the election or 51,051
elections made by the taxpayer or a related entity pursuant to 51,052
section 338 of the Internal Revenue Code. 51,053
(13) Any adjustment required by section 5733.042 of the 51,055
Revised Code. 51,056
(14) ADD ANY AMOUNT CLAIMED AS A CREDIT UNDER SECTION 51,059
5733.0611 OF THE REVISED CODE TO THE EXTENT THAT SUCH AMOUNT 51,062
SATISFIES EITHER OF THE FOLLOWING:
(a) IT WAS DIRECTLY OR INDIRECTLY DEDUCTED OR EXCLUDED 51,065
FROM THE COMPUTATION OF THE CORPORATION'S TAXABLE INCOME BEFORE 51,066
OPERATING LOSS DEDUCTION AND SPECIAL DEDUCTIONS AS REQUIRED TO BE 51,067
REPORTED FOR THE CORPORATION'S TAXABLE YEAR UNDER THE INTERNAL 51,069
REVENUE CODE; 51,070
(b) IT DIRECTLY OR INDIRECTLY RESULTED IN A REDUCTION OF 51,073
THE CORPORATION'S TAXABLE INCOME BEFORE OPERATING LOSS DEDUCTION 51,074
AND SPECIAL DEDUCTIONS AS REQUIRED TO BE REPORTED FOR ANY OF THE 51,075
CORPORATION'S TAXABLE YEARS UNDER THE INTERNAL REVENUE CODE. 51,078
(J) Any term used in this chapter has the same meaning as 51,080
when used in comparable context in the laws of the United States 51,081
relating to federal income taxes unless a different meaning is 51,082
clearly required. Any reference in this chapter to the Internal 51,083
1150
Revenue Code includes other laws of the United States relating to 51,084
federal income taxes. 51,085
(K) "Financial institution" has the meaning given by 51,087
section 5725.01 of the Revised Code BUT DOES NOT INCLUDE A 51,089
PRODUCTION CREDIT ASSOCIATION AS DESCRIBED IN 85 STAT. 597, 12 51,091
U.S.C.A. 2091. 51,092
(L)(1) A "QUALIFYING HOLDING COMPANY" IS ANY CORPORATION 51,095
SATISFYING ALL OF THE FOLLOWING REQUIREMENTS: 51,096
(a) SUBJECT TO DIVISIONS (L)(2) AND (3) OF THIS SECTION, 51,099
THE NET BOOK VALUE OF THE CORPORATION'S INTANGIBLE ASSETS IS 51,100
GREATER THAN OR EQUAL TO NINETY PER CENT OF THE NET BOOK VALUE OF 51,101
ALL OF ITS ASSETS AND AT LEAST FIFTY PER CENT OF THE NET BOOK 51,102
VALUE OF ALL OF ITS ASSETS REPRESENTS DIRECT OR INDIRECT 51,103
INVESTMENTS IN THE EQUITY OF, LOANS AND ADVANCES TO, AND ACCOUNTS 51,105
RECEIVABLE DUE FROM RELATED MEMBERS;
(b) AT LEAST NINETY PER CENT OF THE CORPORATION'S GROSS 51,108
INCOME FOR THE TAXABLE YEAR IS ATTRIBUTABLE TO THE FOLLOWING: 51,109
(i) THE MAINTENANCE, MANAGEMENT, ACQUISITION, AND 51,112
DISPOSITION OF ITS INTANGIBLE PROPERTY, ITS AIRCRAFT THE USE OF 51,113
WHICH IS NOT SUBJECT TO REGULATION UNDER 14 C.F.R. PART 121 OR 51,115
PART 135, AND ANY REAL PROPERTY DESCRIBED IN DIVISION (L)(2)(c) 51,117
OF THIS SECTION; 51,118
(ii) THE COLLECTION AND DISTRIBUTION OF INCOME FROM SUCH 51,121
PROPERTY.
(c) THE CORPORATION IS NOT A FINANCIAL INSTITUTION ON THE 51,124
LAST DAY OF THE TAXABLE YEAR ENDING PRIOR TO THE FIRST DAY OF THE 51,126
TAX YEAR;
(d) THE CORPORATION'S RELATED MEMBERS MAKE A GOOD FAITH 51,129
AND REASONABLE EFFORT TO MAKE TIMELY AND FULLY THE ADJUSTMENTS 51,130
REQUIRED BY DIVISION (C)(2) OF SECTION 5733.05 OF THE REVISED 51,133
CODE AND TO PAY TIMELY AND FULLY ALL UNCONTESTED TAXES, INTEREST,
PENALTIES, AND OTHER FEES AND CHARGES IMPOSED UNDER THIS CHAPTER; 51,134
(e) SUBJECT TO DIVISION (L)(4) OF THIS SECTION, THE 51,137
CORPORATION ELECTS TO BE TREATED AS A QUALIFYING HOLDING COMPANY 51,138
1151
FOR THE TAX YEAR. 51,139
A CORPORATION OTHERWISE SATISFYING DIVISIONS (L)(1)(a) TO 51,143
(e) OF THIS SECTION THAT DOES NOT ELECT TO BE A QUALIFYING 51,144
HOLDING COMPANY IS NOT A QUALIFYING HOLDING COMPANY FOR THE 51,145
PURPOSES OF THIS CHAPTER.
(2)(a)(i) FOR PURPOSES OF MAKING THE NINETY PER CENT 51,148
COMPUTATION UNDER DIVISION (L)(1)(a) OF THIS SECTION, THE NET 51,151
BOOK VALUE OF THE CORPORATION'S ASSETS SHALL NOT INCLUDE THE NET 51,152
BOOK VALUE OF AIRCRAFT OR REAL PROPERTY DESCRIBED IN DIVISION 51,154
(L)(1)(b)(i) OF THIS SECTION. 51,155
(ii) FOR PURPOSES OF MAKING THE FIFTY PER CENT COMPUTATION 51,158
UNDER DIVISION (L)(1)(a) OF THIS SECTION, THE NET BOOK VALUE OF 51,160
ASSETS SHALL INCLUDE THE NET BOOK VALUE OF AIRCRAFT OR REAL 51,161
PROPERTY DESCRIBED IN DIVISION (L)(1)(b)(i) OF THIS SECTION. 51,164
(b)(i) AS USED IN DIVISION (L) OF THIS SECTION, 51,167
"INTANGIBLE ASSET" INCLUDES, BUT IS NOT LIMITED TO, THE 51,168
CORPORATION'S DIRECT INTEREST IN EACH PASS-THROUGH ENTITY ONLY IF 51,169
AT ALL TIMES DURING THE CORPORATION'S TAXABLE YEAR ENDING PRIOR 51,170
TO THE FIRST DAY OF THE TAX YEAR THE CORPORATION'S AND THE 51,171
CORPORATION'S RELATED MEMBERS' COMBINED DIRECT AND INDIRECT 51,172
INTERESTS IN THE CAPITAL OR PROFITS OF SUCH PASS-THROUGH ENTITY 51,173
DO NOT EXCEED FIFTY PER CENT. IF THE CORPORATION'S INTEREST IN 51,174
THE PASS-THROUGH ENTITY IS AN INTANGIBLE ASSET FOR THAT TAXABLE 51,175
YEAR, THEN THE DISTRIBUTIVE SHARE OF ANY INCOME FROM THE 51,176
PASS-THROUGH ENTITY SHALL BE INCOME FROM AN INTANGIBLE ASSET FOR 51,177
THAT TAXABLE YEAR.
(ii) IF A CORPORATION'S AND THE CORPORATION'S RELATED 51,180
MEMBERS' COMBINED DIRECT AND INDIRECT INTERESTS IN THE CAPITAL OR 51,181
PROFITS OF A PASS-THROUGH ENTITY EXCEED FIFTY PER CENT AT ANY 51,182
TIME DURING THE CORPORATION'S TAXABLE YEAR ENDING PRIOR TO THE 51,183
FIRST DAY OF THE TAX YEAR, "INTANGIBLE ASSET" DOES NOT INCLUDE 51,184
THE CORPORATION'S DIRECT INTEREST IN THE PASS-THROUGH ENTITY, AND 51,185
THE CORPORATION SHALL INCLUDE IN ITS ASSETS ITS PROPORTIONATE 51,186
SHARE OF THE ASSETS OF ANY SUCH PASS-THROUGH ENTITY AND SHALL 51,187
1152
INCLUDE IN ITS GROSS INCOME ITS DISTRIBUTIVE SHARE OF THE GROSS 51,188
INCOME OF SUCH PASS-THROUGH ENTITY IN THE SAME FORM AS WAS EARNED 51,189
BY THE PASS-THROUGH ENTITY. 51,190
(iii) A PASS-THROUGH ENTITY'S DIRECT OR INDIRECT 51,193
PROPORTIONATE SHARE OF ANY OTHER PASS-THROUGH ENTITY'S ASSETS 51,194
SHALL BE INCLUDED FOR THE PURPOSE OF COMPUTING THE CORPORATION'S 51,195
PROPORTIONATE SHARE OF THE PASS-THROUGH ENTITY'S ASSETS UNDER 51,196
DIVISION (L)(2)(b)(ii) OF THIS SECTION, AND SUCH PASS-THROUGH 51,198
ENTITY'S DIRECT OR INDIRECT DISTRIBUTIVE SHARE OF ANY OTHER 51,199
PASS-THROUGH ENTITY'S GROSS INCOME SHALL BE INCLUDED FOR PURPOSES 51,200
OF COMPUTING THE CORPORATION'S DISTRIBUTIVE SHARE OF THE 51,201
PASS-THROUGH ENTITY'S GROSS INCOME UNDER DIVISION (L)(2)(b)(ii) 51,203
OF THIS SECTION. 51,204
(c) FOR THE PURPOSES OF DIVISIONS (L)(1)(b)(i), 51,207
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) OF THIS SECTION, REAL 51,210
PROPERTY IS DESCRIBED IN DIVISION (L)(2)(c) OF THIS SECTION ONLY 51,212
IF ALL OF THE FOLLOWING CONDITIONS ARE PRESENT AT ALL TIMES 51,213
DURING THE TAXABLE YEAR ENDING PRIOR TO THE FIRST DAY OF THE TAX 51,214
YEAR:
(i) THE REAL PROPERTY SERVES AS THE HEADQUARTERS OF THE 51,217
CORPORATION'S TRADE OR BUSINESS, OR IS THE PLACE FROM WHICH THE 51,218
CORPORATION'S TRADE OR BUSINESS IS PRINCIPALLY MANAGED OR 51,219
DIRECTED;
(ii) NOT MORE THAN TEN PER CENT OF THE VALUE OF THE REAL 51,222
PROPERTY AND NOT MORE THAN TEN PER CENT OF THE SQUARE FOOTAGE OF 51,223
THE BUILDING OR BUILDINGS THAT ARE PART OF THE REAL PROPERTY IS
DIRECTLY OR INDIRECTLY USED, MADE AVAILABLE, OR OCCUPIED FOR THE 51,225
PURPOSE OF DIRECTLY OR INDIRECTLY PROVIDING, ACQUIRING, 51,226
TRANSFERRING, SELLING, OR DISPOSING OF TANGIBLE PROPERTY OR 51,227
SERVICES IN THE NORMAL COURSE OF BUSINESS DIRECTLY OR INDIRECTLY 51,228
TO PERSONS OTHER THAN RELATED MEMBERS, THE CORPORATION'S 51,229
EMPLOYEES AND THEIR FAMILIES, AND SUCH RELATED MEMBERS' EMPLOYEES 51,230
AND THEIR FAMILIES.
(d) AS USED IN DIVISION (L) OF THIS SECTION, "RELATED 51,232
1153
MEMBER" HAS THE SAME MEANING AS IN DIVISION (A)(6) OF SECTION 51,235
5733.042 OF THE REVISED CODE WITHOUT REGARD TO DIVISION (B) OF 51,238
THAT SECTION.
(e) "INDIRECT" AND "INDIRECTLY" APPLY, BUT ARE NOT LIMITED 51,241
TO, ANY TRANSACTION OR TRANSACTIONS THE RESULT OF WHICH IS A 51,242
REDUCTION OR DEFERRAL OF TAX IMPOSED BY THIS CHAPTER OR AN 51,243
INCREASE IN CREDITS ALLOWED BY THIS CHAPTER, AND THAT CONSTITUTE 51,244
A SHAM, LACK ECONOMIC REALITY, OR ARE PART OF A SERIES OF 51,245
TRANSACTIONS THAT CONSTITUTE A STEP TRANSACTION OR TRANSACTIONS
OR WHOSE FORM DOES NOT REFLECT THEIR SUBSTANCE. NOTHING IN THIS 51,247
SECTION SHALL BE CONSTRUED TO LIMIT SOLELY TO THIS SECTION THE 51,248
APPLICATIONS OF THE FOREGOING DOCTRINES.
(3) THE PERCENTAGES DESCRIBED IN DIVISION (L)(1)(a) OF 51,252
THIS SECTION SHALL BE EQUAL TO THE QUARTERLY AVERAGE OF THOSE 51,253
PERCENTAGES AS CALCULATED DURING THE CORPORATION'S TAXABLE YEAR 51,254
ENDING PRIOR TO THE FIRST DAY OF THE TAX YEAR. 51,255
(4) WITH RESPECT TO THE ELECTION DESCRIBED IN DIVISION 51,258
(L)(1)(e) OF THIS SECTION: 51,259
(a) THE ELECTION NEED NOT ACCOMPANY A TIMELY FILED REPORT; 51,262
(b) THE ELECTION NEED NOT ACCOMPANY THE REPORT; RATHER, 51,264
THE ELECTION MAY ACCOMPANY A SUBSEQUENTLY FILED BUT TIMELY 51,265
APPLICATION FOR REFUND AND TIMELY AMENDED REPORT, OR A 51,267
SUBSEQUENTLY FILED BUT TIMELY PETITION FOR REASSESSMENT; 51,268
(c) THE ELECTION IS NOT IRREVOCABLE; 51,271
(d) THE ELECTION APPLIES ONLY TO THE TAX YEAR SPECIFIED BY 51,274
THE CORPORATION;
(e) THE CORPORATION'S RELATED MEMBERS COMPLY WITH DIVISION 51,276
(L)(1)(d) OF THIS SECTION. 51,277
NOTHING IN DIVISION (L)(4) OF THIS SECTION SHALL BE 51,280
CONSTRUED TO EXTEND ANY STATUTE OF LIMITATIONS SET FORTH IN THIS 51,281
CHAPTER. 51,282
(M) "QUALIFYING CONTROLLED GROUP" MEANS TWO OR MORE 51,285
CORPORATIONS THAT SATISFY THE OWNERSHIP AND CONTROL REQUIREMENTS 51,286
OF DIVISION (A) OF SECTION 5733.052 OF THE REVISED CODE. 51,289
1154
(N) "LIMITED LIABILITY COMPANY" MEANS ANY LIMITED 51,291
LIABILITY COMPANY FORMED UNDER CHAPTER 1705. OF THE REVISED CODE 51,293
OR UNDER THE LAWS OF ANY OTHER STATE.
(O) "PASS-THROUGH ENTITY" MEANS A CORPORATION THAT HAS 51,296
MADE AN ELECTION UNDER SUBCHAPTER S OF CHAPTER 1 OF SUBTITLE A OF 51,298
THE INTERNAL REVENUE CODE FOR ITS TAXABLE YEAR UNDER THAT CODE, 51,301
OR A PARTNERSHIP, LIMITED LIABILITY COMPANY, OR ANY OTHER PERSON, 51,302
OTHER THAN AN INDIVIDUAL, TRUST, OR ESTATE, IF THE PARTNERSHIP, 51,303
LIMITED LIABILITY COMPANY, OR OTHER PERSON IS NOT CLASSIFIED FOR 51,304
FEDERAL INCOME TAX PURPOSES AS AN ASSOCIATION TAXED AS A 51,305
CORPORATION. 51,306
Sec. 5733.042. (A) As used in this section: 51,315
(1) "Affiliated group" has the same meaning as in section 51,317
1504 of the Internal Revenue Code. 51,318
(2) "Asset value" means the adjusted basis of assets as 51,320
determined in accordance with Subchapter O of the Internal 51,321
Revenue Code and the Treasury Regulations thereunder. 51,322
(3) "Intangible expenses and costs" include expenses, 51,324
LOSSES, and costs for the use, RELATED TO, OR IN CONNECTION 51,326
DIRECTLY OR INDIRECTLY WITH THE DIRECT OR INDIRECT ACQUISITION 51,328
OF, THE DIRECT OR INDIRECT USE OF, THE DIRECT OR INDIRECT 51,329
MAINTENANCE OR MANAGEMENT OF, THE DIRECT OR INDIRECT OWNERSHIP 51,330
OF, THE DIRECT OR INDIRECT SALE OF, THE DIRECT OR INDIRECT 51,331
EXCHANGE OF, OR ANY OTHER DIRECT OR INDIRECT DISPOSITION of 51,333
intangible property to the extent such amounts are allowed as 51,334
deductions or costs in determining taxable income before 51,335
operating loss deduction and special deductions for the taxable 51,336
year under the Internal Revenue Code. Such expenses and costs 51,337
include, but are not limited to, LOSSES RELATED TO OR INCURRED IN 51,338
CONNECTION DIRECTLY OR INDIRECTLY WITH FACTORING TRANSACTIONS, 51,340
LOSSES RELATED TO OR INCURRED IN CONNECTION DIRECTLY OR
INDIRECTLY WITH DISCOUNTING TRANSACTIONS, royalty, patent, 51,343
technical, and copyright fees, licensing fees, and other similar 51,344
expenses and costs. 51,345
1155
(4) "Interest expenses and costs" include but are not 51,347
limited to amounts DIRECTLY OR INDIRECTLY allowed as deductions 51,348
under section 163 of the Internal Revenue Code for purposes of 51,350
determining taxable income under the Internal Revenue Code. 51,351
(5) "Member" has the same meaning as in U.S. Treasury 51,353
Regulation section 1.1502-1. 51,354
(6) "Related member" means a person that, with respect to 51,356
the taxpayer during all or any portion of the taxable year, is a 51,357
"related entity" as defined in division (I)(12)(c) of section 51,358
5733.04 of the Revised Code, is a component member as defined in 51,359
section 1563(b) of the Internal Revenue Code, or is a person to 51,360
or from whom there is attribution of stock ownership in 51,361
accordance with section 1563(e) of the Internal Revenue Code 51,362
except, for purposes of determining whether a person is a related 51,363
member under this division, "twenty per cent" shall be 51,364
substituted for "5 per cent" wherever "5 per cent" appears in 51,365
section 1563(e) of the Internal Revenue Code. 51,366
(7) "INDIRECT" AND "INDIRECTLY" APPLY, BUT ARE NOT LIMITED 51,369
TO, ANY TRANSACTION OR TRANSACTIONS THE RESULT OF WHICH IS A 51,370
REDUCTION OR DEFERRAL OF THE TAX IMPOSED BY THIS CHAPTER OR AN 51,371
INCREASE IN CREDITS ALLOWED BY THIS CHAPTER, AND THAT CONSTITUTE 51,372
A SHAM, LACK ECONOMIC REALITY, OR ARE PART OF A SERIES OF 51,373
TRANSACTIONS THAT CONSTITUTE A STEP TRANSACTION OR WHOSE FORM 51,374
DOES NOT REFLECT THEIR SUBSTANCE. NOTHING IN THIS SECTION SHALL 51,376
BE CONSTRUED TO LIMIT SOLELY TO THIS SECTION THE APPLICATION OF 51,377
THE FOREGOING DOCTRINES. 51,378
DIVISION (A)(7) OF THIS SECTION APPLIES TO TAX YEARS 1998 51,380
AND THEREAFTER. 51,381
(B) This SECTION APPLIES TO ALL CORPORATIONS FOR TAX YEARS 51,384
1999 AND THEREAFTER, EXCEPT AS OTHERWISE PROVIDED IN DIVISION 51,385
(A)(7) OF THIS SECTION. FOR TAX YEARS PRIOR TO 1999, THIS 51,386
section applies only to a taxpayer CORPORATION that has, or is a 51,388
member of an affiliated group that has, or is a member of an
affiliated group with another member that has, one or more of the 51,389
1156
following: 51,390
(1) Gross sales, including sales to other members of the 51,392
affiliated group, during the taxable year of at least fifty 51,393
million dollars; 51,394
(2) Total assets whose asset value at any time during the 51,396
taxable year is at least twenty-five million dollars; 51,397
(3) Taxable income before operating loss deduction and 51,399
special deductions during the taxable year of at least five 51,400
hundred thousand dollars. 51,401
(C) For purposes of computing its net income under 51,403
division (I) of section 5733.04 of the Revised Code, the taxpayer 51,404
CORPORATION shall add interest expenses and costs and intangible 51,406
expenses and costs directly or indirectly paid, accrued, or 51,407
incurred to, OR IN CONNECTION DIRECTLY OR INDIRECTLY WITH ONE OR 51,408
MORE DIRECT OR INDIRECT TRANSACTIONS WITH, ONE OR MORE OF the 51,410
following related members: 51,411
(1) Any related member whose activities, in any one state, 51,413
are primarily limited to the maintenance and management of 51,414
intangible investments or of the intangible investments of 51,415
corporations, business trusts, or other entities registered as 51,416
investment companies under the "Investment Company Act of 1940," 51,417
15 U.S.C. 80a-1 et seq., as amended, and the collection and 51,418
distribution of the income from such investments or from tangible 51,419
property physically located outside such state. For purposes of 51,420
division (C)(1) of this section, "intangible investments" 51,421
includes, without limitation, investments in stocks, bonds, 51,422
notes, and other debt obligations, including debt obligations of 51,423
related members, interests in partnerships, patents, patent 51,424
applications, trademarks, trade names, and similar types of 51,425
intangible assets. 51,426
(2) Any related member that is a personal holding company 51,428
as defined in section 542 of the Internal Revenue Code without 51,429
regard to the stock ownership requirements set forth in section 51,430
542(a)(2) of the Internal Revenue Code; 51,431
1157
(3) Any related member that is not a corporation and is 51,433
directly, indirectly, constructively, or beneficially owned in 51,434
whole or in part by a personal holding company as defined in 51,435
section 542 of the Internal Revenue Code without regard to the 51,436
stock ownership requirements set forth in section 542(a)(2) of 51,437
the Internal Revenue Code; 51,438
(4) Any related member that is a foreign personal holding 51,440
company as defined in section 552 of the Internal Revenue Code; 51,441
(5) Any related member that is not a corporation and is 51,443
directly, indirectly, constructively, or beneficially owned in 51,444
whole or in part by a foreign personal holding company as defined 51,445
in section 552 of the Internal Revenue Code; 51,446
(6) Any related member if that related member or another 51,448
related member directly or indirectly paid, accrued, or incurred 51,449
TO, OR IN CONNECTION DIRECTLY OR INDIRECTLY WITH ONE OR MORE 51,450
DIRECT OR INDIRECT TRANSACTIONS WITH, ANOTHER RELATED MEMBER ANY 51,452
interest expenses and costs or intangible expenses and costs in 51,453
an amount less than, equal to, or greater than such amounts 51,454
received from the taxpayer CORPORATION. Division (C)(6) of this 51,455
section applies only if, within a one-hundred-twenty-month period 51,457
commencing three years prior to the beginning of the tax year, a 51,458
related member directly or indirectly paid, accrued, or incurred 51,459
such amounts to OR LOSSES WITH RESPECT TO ONE OR MORE DIRECT OR 51,461
INDIRECT TRANSACTIONS WITH an entity described in divisions 51,463
(C)(1) to (5) of this section. A rebuttable presumption exists 51,464
that a related member did so pay, accrue, or incur such amounts 51,465
to OR LOSSES WITH RESPECT TO ONE OR MORE DIRECT OR INDIRECT 51,466
TRANSACTIONS WITH an entity described in divisions (C)(1) to (5) 51,469
of this section. A taxpayer CORPORATION can rebut this 51,471
presumption only with a preponderance of the evidence to the 51,472
contrary.
(7) Any related member that, with respect to indebtedness 51,474
directly or indirectly owed by the taxpayer CORPORATION to the 51,475
related member, directly or indirectly charged or imposed on the 51,477
1158
taxpayer CORPORATION an excess interest rate. If the related 51,479
member has charged or imposed on the taxpayer CORPORATION an 51,480
excess interest rate, the adjustment required by division (C)(7) 51,482
of this section with respect to such interest expenses and costs 51,483
directly or indirectly paid, accrued, or incurred to the related 51,484
member in connection with such indebtedness does not include so 51,485
much of such interest expenses and costs that the taxpayer 51,486
CORPORATION would have directly or indirectly paid, accrued, or 51,488
incurred if the related member had charged or imposed the highest 51,489
possible interest rate that would not have been an excess 51,490
interest rate. For purposes of division (C)(7) of this section, 51,491
an excess interest rate is an annual rate that exceeds by more 51,492
than three per cent the greater of the rate per annum prescribed 51,493
by section 5703.47 of the Revised Code in effect at the time of 51,494
the origination of the indebtedness, or the rate per annum 51,495
prescribed by section 5703.47 of the Revised Code in effect at 51,496
the time the taxpayer CORPORATION paid, accrued, or incurred the 51,497
interest expense or cost to the related member. 51,498
(D)(1) IN MAKING THE ADJUSTMENT REQUIRED BY DIVISION (C) 51,500
OF THIS SECTION, THE CORPORATION SHALL MAKE THE ADJUSTMENT 51,501
REQUIRED BY SECTION 5733.057 OF THE REVISED CODE. The 51,502
adjustments required by division (C) of this section are not 51,503
required if either of the following applies:
(a) The taxpayer CORPORATION establishes by clear and 51,505
convincing evidence that the adjustments are unreasonable. 51,507
(b) The taxpayer CORPORATION and the tax commissioner 51,509
agree in writing to the application or use of alternative 51,511
adjustments and computations to more properly reflect the base 51,512
required to be determined in accordance with division (B) of 51,513
section 5733.05 of the Revised Code. Nothing in division 51,514
(D)(1)(b) of this section shall be construed to limit or negate 51,515
the tax commissioner's authority to otherwise enter into 51,516
agreements and compromises otherwise allowed by law. 51,517
(2) The adjustments required by divisions (C)(1) to (5) of 51,519
1159
this section do not apply to such portion of interest expenses 51,520
and costs and intangible expenses and costs that the taxpayer 51,521
CORPORATION can establish by the preponderance of the evidence 51,523
meets both of the following: 51,524
(a) The related member during the same taxable year 51,526
directly or indirectly paid, accrued, or incurred such portion to 51,527
a person who is not a related member. 51,528
(b) The transaction giving rise to the interest expenses 51,530
and costs or the intangible expenses and costs between the 51,531
taxpayer CORPORATION and the related member did not have as a 51,532
principal purpose the avoidance of any portion of the tax due 51,534
under this chapter. 51,535
(3) The adjustments required by division (C)(6) of this 51,537
section do not apply to such portion of interest expenses and 51,538
costs and intangible expenses and costs that the taxpayer 51,539
CORPORATION can establish by the preponderance of the evidence 51,541
meets both of the following: 51,542
(a) The entity described in any of divisions (C)(1) to (6) 51,544
of this section to whom the related member directly or indirectly 51,545
paid, accrued, or incurred such portion, in turn during the same 51,546
taxable year directly or indirectly paid, accrued or incurred 51,547
such portion to a person who is not a related member, and 51,548
(b) The transaction or transactions giving rise to the 51,550
interest expenses and costs or the intangible expenses and costs 51,551
between the taxpayer CORPORATION, the related member, and the 51,552
entity described in any of divisions (C)(1) to (5) did not have 51,554
as a principal purpose the avoidance of any portion of the tax 51,555
due under this chapter. 51,556
(4) The adjustments required by division (C) of this 51,558
section apply except to the extent that the increased tax, if 51,559
any, attributable to such adjustments would have been avoided if 51,560
both the taxpayer CORPORATION and the related member had been 51,561
eligible to make and had timely made the election to combine in 51,563
accordance with division (B) of section 5733.052 of the Revised 51,564
1160
Code.
(E) Except as otherwise provided in division (F) of this 51,566
section, if, on the day that is one year after the day the 51,567
taxpayer CORPORATION files its report, the taxpayer CORPORATION 51,569
has not made the adjustment required by this section or has not 51,570
fully paid the tax and interest, if any, imposed by this chapter 51,571
and attributable to such adjustment, the taxpayer CORPORATION is 51,572
subject to a penalty equal to twice the interest charged under 51,574
division (A) of section 5733.26 of the Revised Code for the 51,575
delinquent payment of such tax and interest. For the purpose of 51,576
the computation of the penalty imposed by this division, such 51,577
penalty shall be deemed to be part of the tax due on the dates 51,578
prescribed by this chapter without regard to the one-year period 51,579
set forth in this division. The penalty imposed by this division 51,580
is not in lieu of but is in addition to all other penalties, 51,581
other similar charges, and interest imposed by this chapter. The 51,582
tax commissioner may waive, abate, modify, or refund, with 51,583
interest, all or any portion of the penalty imposed by this 51,584
division only if the taxpayer CORPORATION establishes beyond a 51,585
reasonable doubt that both the failure to fully comply with this 51,587
section and the failure to fully pay such tax and interest within 51,588
one year after the date the taxpayer CORPORATION files its report 51,589
were not in any part attributable to the avoidance of any portion 51,591
of the tax imposed by this chapter SECTION 5733.06 OF THE REVISED 51,592
CODE.
(F)(1) For purposes of this division, "tax differential" 51,594
means the difference between the tax that is imposed by this 51,595
chapter SECTION 5733.06 OF THE REVISED CODE and that is 51,596
attributable to the adjustment required by this section and the 51,598
amount paid that is so attributable, prior to the day that is one 51,599
year after the day the taxpayer CORPORATION files its report. 51,601
(2) The penalty imposed by division (E) of this section 51,603
does not apply if the tax differential meets both of the 51,604
following requirements: 51,605
1161
(a) The tax differential is less than ten per cent of the 51,607
tax imposed by this chapter SECTION 5733.06 OF THE REVISED CODE; 51,608
and
(b) The difference is less than fifty thousand dollars. 51,610
(3) Nothing in division (F) of this section shall be 51,612
construed to waive, abate, or modify any other penalties, other 51,613
similar charges, or interest imposed by other sections of this 51,614
chapter. 51,615
(G) NOTHING IN THIS SECTION SHALL REQUIRE A CORPORATION TO 51,617
ADD TO ITS NET INCOME MORE THAN ONCE ANY AMOUNT OF INTEREST 51,619
EXPENSES AND COSTS OR INTANGIBLE EXPENSES AND COSTS THAT THE 51,620
CORPORATION PAYS, ACCRUES, OR INCURS TO A RELATED MEMBER 51,621
DESCRIBED IN DIVISION (C) OF THIS SECTION. 51,623
Sec. 5733.05. As used in this section, "qualified 51,633
research" means laboratory research, experimental research, and 51,634
other similar types of research; research in developing or 51,635
improving a product; or research in developing or improving the 51,636
means of producing a product. It does not include market 51,637
research, consumer surveys, efficiency surveys, management 51,638
studies, ordinary testing or inspection of materials or products 51,639
for quality control, historical research, or literary research. 51,640
"Product" as used in this paragraph does not include services or 51,641
intangible property. 51,642
The annual corporation report determines the value of the 51,644
issued and outstanding shares of stock of the taxpayer, which 51,645
under division (A) or DIVISIONS (B) AND (C) of this section is 51,647
the base or measure of the franchise tax liability. Such 51,648
determination shall be made as of the date shown by the report to 51,649
have been the beginning of the corporation's annual accounting 51,650
period that includes the first day of January of the tax year. 51,651
For the purpose PURPOSES of this section CHAPTER, the value of 51,653
the issued and outstanding shares of stock of any such 51,655
corporation THAT IS A FINANCIAL INSTITUTION shall be deemed to be 51,656
the value as calculated in accordance with either division (A) or 51,657
1162
(B) of this section. FOR THE PURPOSES OF THIS CHAPTER, THE VALUE 51,659
OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF ANY CORPORATION 51,660
THAT IS NOT A FINANCIAL INSTITUTION SHALL BE DEEMED TO BE THE 51,661
VALUES AS CALCULATED IN ACCORDANCE WITH DIVISIONS (B) AND (C) OF 51,664
THIS SECTION.
(A) The total value, as shown by the books of the company 51,666
FINANCIAL INSTITUTION, of its capital, surplus, whether earned or 51,668
unearned, undivided profits, and reserves, but exclusive of: 51,669
(1) Reserves for accounts receivable, depreciation, 51,671
depletion and any other valuation reserves with respect to 51,672
specific assets; 51,673
(2) Taxes due and payable during the year for which such 51,675
report was made; 51,676
(3) Voting stock and participation certificates in 51,678
corporations chartered pursuant to the "Farm Credit Act of 1971," 51,679
85 Stat. 597, 12 U.S.C. 2091, or as hereafter amended; 51,680
(4) Good will, appreciation, and abandoned property as set 51,682
up in the annual report of the corporation, provided a certified 51,683
balance sheet of the company is made available upon the request 51,684
of the tax commissioner. Such balance sheet shall not be a part 51,685
of the public records, but shall be a confidential report for use 51,686
of the tax commissioner only. 51,687
(5) A portion of the value of the issued and outstanding 51,689
shares of stock of such corporation equal to the amount obtained 51,690
by multiplying such value by the quotient obtained by: 51,691
(a) Dividing (1) the amount of the corporation's assets, 51,693
as shown on its books, represented by investments in the capital 51,694
stock and indebtedness of public utilities of which at least 51,695
eighty per cent of the utility's issued and outstanding common 51,696
stock is owned by the corporation by (2) the total assets of such 51,697
corporation as shown on its books; 51,698
(b) Dividing (1) the amount of the corporation's assets, 51,700
as shown on its books, represented by investments in the capital 51,701
stock and indebtedness of insurance companies of which at least 51,702
1163
eighty per cent of the insurance company's issued and outstanding 51,703
common stock is owned by the corporation by (2) the total assets 51,704
of such corporation as shown on its books; 51,705
(c) Dividing (1) the amount of the corporation's assets, 51,707
as shown on its books, represented by investments in the capital 51,708
stock and indebtedness of financial institutions of which at 51,709
least twenty-five per cent of the financial institution's issued 51,710
and outstanding common stock is owned by the corporation by (2) 51,711
the total assets of such corporation as shown on its books. 51,712
(6) Land that has been determined pursuant to section 51,714
5713.31 of the Revised Code by the county auditor of the county 51,715
in which such land is located to be devoted exclusively to 51,716
agricultural use as of the first Monday of June in the 51,717
corporation's taxable year. 51,718
(7) Property within Ohio used exclusively during the 51,720
taxable year for qualified research. 51,721
The commissioner shall then determine the base upon which 51,723
the fee provided for in section 5733.06 of the Revised Code shall 51,724
be computed as follows: divide into two equal parts the value as 51,725
determined in division (A) of this section of the issued and 51,726
outstanding shares of stock of each corporation filing such 51,727
report. Take one part and multiply it by a fraction whose 51,728
numerator is the net book value of all the corporation's property 51,729
owned or used by it in this state, and whose denominator is the 51,730
net book value of all its property wherever situated, in each 51,731
case eliminating, to the extent included, the investments in the 51,732
capital stock or in the indebtedness of public utilities, 51,733
insurance companies, and financial institutions as described in 51,734
division (A) (5) of this section; any item of good will, 51,735
appreciation, and abandoned property; and property within Ohio 51,736
used exclusively during the taxable year for qualified research. 51,737
Take the other part and multiply it by a fraction whose numerator 51,738
is the value of the business done, measured by sales of tangible 51,739
personal property, by the corporation in this state during the 51,740
1164
year preceding the date of the commencement of its current annual 51,741
accounting period, and whose denominator is the total value of 51,742
its business, measured by sales of tangible personal property, 51,743
during said year wherever transacted. 51,744
To the extent that the value of business done in this state 51,746
is measured by sales of tangible personal property, it shall, for 51,747
the purpose of this section and section 5733.03 of the Revised 51,748
Code, mean sales where such property is received in this state by 51,749
the purchaser. In the case of delivery of tangible personal 51,750
property by common carrier or by other means of transportation, 51,751
the place at which such property is ultimately received after all 51,752
transportation has been completed shall be considered as the 51,753
place at which such property is received by the purchaser. Direct 51,755
delivery in this state, other than for purposes of
transportation, to a person or firm designated by a purchaser 51,756
constitutes delivery to the purchaser in this state, and direct 51,757
delivery outside this state to a person or firm designated by a 51,758
purchaser does not constitute delivery to the purchaser in this 51,759
state, regardless of where title passes or other conditions of 51,760
sale. 51,761
In the case of corporations whose business does not consist 51,763
of the making of sales of tangible personal property and to which 51,764
the sales numerator and denominator cannot apply, but which 51,765
business consists of such activities as receiving commissions, 51,766
rents, interest, dividends or distributions, and fees, the 51,767
fraction shall be determined by allocating such business 51,768
activities in and out of this state according to their situs. 51,769
In determining the numerator and denominator of the value 51,771
of the business done fraction in the case of a reporting 51,772
corporation owning at least eighty per cent of the issued and 51,773
outstanding common stock of one or more public utilities or 51,774
insurance companies, or owning at least twenty-five per cent of 51,775
the issued and outstanding common stock of one or more financial 51,776
institutions, receipts received by the reporting corporation from 51,777
1165
such utilities, insurance companies, and financial institutions 51,778
shall be eliminated. 51,779
In determining the value of intangible property, including 51,781
capital investments, owned or used in this state by either a 51,782
domestic or foreign corporation, the commissioner shall be guided 51,783
by sections 5709.02 and 5709.03 of the Revised Code, except that 51,784
investments in the capital stock of or loans and advances to 51,785
subsidiary corporations at least fifty-one per cent of whose 51,786
common stock is owned by the reporting corporation shall be 51,787
allocated in and out of state in accordance with the value of 51,788
physical property in and out of the state representing such 51,789
investments, loans, and advances, and except that a lessor's 51,790
lease receivable from a sales-type, direct financing, or 51,791
leveraged lease accounted for in accordance with generally 51,792
accepted accounting principles as set forth in financial 51,793
accounting standards board statement 13 and its subsequent 51,794
amendments shall be allocated in and out of state in accordance 51,795
with the physical location of the property subject to the lease. 51,796
As used in this section, "public utility" or "utility" 51,798
means a public utility as defined in Chapter 5727. of the Revised 51,799
Code whether such utility is doing business in this state or 51,800
elsewhere. "Insurance company" means an insurance company as 51,801
defined in Chapter 5725. SHALL BE DETERMINED AS PRESCRIBED BY 51,802
SECTION 5733.056 of the Revised Code FOR TAX YEARS 1998 AND 51,803
THEREAFTER. 51,804
(B) The sum of the corporation's net income, during the 51,806
year or portion thereof preceding the date of commencement of its 51,807
annual accounting period that includes the first day of January 51,808
of the tax CORPORATION'S TAXABLE year, allocated or apportioned 51,809
to this state as follows PRESCRIBED IN DIVISIONS (B)(1) AND (2) 51,811
OF THIS SECTION, AND SUBJECT TO SECTIONS 5733.052, 5733.053, AND 51,812
5733.057 OF THE REVISED CODE:
(1) The net income allocated to this state as provided by 51,814
section 5733.051 of the Revised Code;. 51,815
1166
(2) The amount of Ohio apportioned net income from sources 51,817
other than those allocated under section 5733.051 of the Revised 51,818
Code, which shall be determined by multiplying the corporation's 51,819
net income by a fraction, the. THE numerator of which is THE 51,822
FRACTION IS THE SUM OF THE FOLLOWING PRODUCTS: the property 51,824
factor plus MULTIPLIED BY TWENTY, the payroll factor plus 51,826
MULTIPLIED BY TWENTY, AND the sales factor plus the sales factor, 51,828
and the MULTIPLIED BY SIXTY. THE denominator of which is four 51,829
THE FRACTION IS ONE HUNDRED, provided that the denominator of 51,831
four shall be reduced by the number of fractions which have a 51,832
denominator of zero. The TWENTY IF THE PROPERTY FACTOR HAS A 51,833
DENOMINATOR OF ZERO, BY TWENTY IF THE PAYROLL FACTOR HAS A 51,834
DENOMINATOR OF ZERO, AND BY SIXTY IF THE SALES FACTOR HAS A 51,835
DENOMINATOR OF ZERO.
THE property, payroll, and sales factors shall be 51,839
determined as follows:
(a) The property factor is a fraction the numerator of 51,841
which is the average value of the corporation's real and tangible 51,842
personal property owned or rented, and used in the trade or 51,843
business in this state during the taxable year, and the 51,844
denominator of which is the average value of all the 51,845
corporation's real and tangible personal property owned or 51,846
rented, and used in the trade or business everywhere during such 51,847
year. There shall be excluded from the numerator and denominator 51,848
of the property factor the original cost of all of the following 51,849
property within Ohio: property with respect to which a 51,850
"pollution control facility" certificate has been issued pursuant 51,851
to section 5709.21 of the Revised Code; property with respect to 51,852
which an "industrial water pollution control certificate" has 51,853
been issued pursuant to section 6111.31 of the Revised Code; and 51,854
property used exclusively during the taxable year for qualified 51,855
research. 51,856
(i) Property owned by the corporation is valued at its 51,858
original cost. Property rented by the corporation is valued at 51,859
1167
eight times the net annual rental rate. "Net annual rental rate" 51,860
means the annual rental rate paid by the corporation less any 51,861
annual rental rate received by the corporation from subrentals. 51,862
(ii) The average value of property shall be determined by 51,864
averaging the values at the beginning and the end of the taxable 51,865
year, but the tax commissioner may require the averaging of 51,866
monthly values during the taxable year, if reasonably required to 51,867
reflect properly the average value of the corporation's property. 51,868
(b) The payroll factor is a fraction the numerator of 51,870
which is the total amount paid in this state during the taxable 51,871
year by the corporation for compensation, and the denominator of 51,872
which is the total compensation paid everywhere by the 51,873
corporation during such year. There shall be excluded from the 51,874
numerator and the denominator of the payroll factor the total 51,875
compensation paid in this state to employees who are primarily 51,876
engaged in qualified research. 51,877
(i) Compensation means any form of remuneration paid to an 51,879
employee for personal services. 51,880
(ii) Compensation is paid in this state if: (1) the 51,882
recipient's service is performed entirely within this state, (2) 51,883
the recipient's service is performed both within and without this 51,884
state, but the service performed without this state is incidental 51,885
to the recipient's service within this state, (3) some of the 51,886
service is performed within this state and either the base of 51,887
operations, or if there is no base of operations, the place from 51,888
which the service is directed or controlled is within this state, 51,889
or the base of operations or the place from which the service is 51,890
directed or controlled is not in any state in which some part of 51,891
the service is performed, but the recipient's residence is in 51,892
this state. 51,893
(iii) Compensation is paid in this state to any employee 51,895
of a common or contract motor carrier corporation, who performs 51,896
his THE EMPLOYEE'S regularly assigned duties on a motor vehicle 51,897
in more than one state, in the same ratio by which the mileage 51,899
1168
traveled by such employee within the state bears to the total 51,900
mileage traveled by such employee everywhere during the taxable 51,901
year.
(c) The sales factor is a fraction the numerator of which 51,903
is the total sales in this state by the corporation during the 51,904
taxable year, and the denominator of which is the total sales by 51,905
the corporation everywhere during such year. In determining the 51,906
numerator and denominator of the sales factor, receipts from the 51,907
sale or other disposal of a capital asset or an asset described 51,908
in section 1231 of the Internal Revenue Code shall be eliminated. 51,909
Also, in determining the numerator and denominator of the sales 51,910
factor, in the case of a reporting corporation owning at least 51,911
eighty per cent of the issued and outstanding common stock of one 51,912
or more public utilities or insurance companies, or owning at 51,913
least twenty-five per cent of the issued and outstanding common 51,914
stock of one or more financial institutions, receipts received by 51,915
the reporting corporation from such utilities, insurance 51,916
companies, and financial institutions shall be eliminated. 51,917
For the purpose of this section and section 5733.03 of the 51,919
Revised Code, sales of tangible personal property are in this 51,920
state where such property is received in this state by the 51,921
purchaser. In the case of delivery of tangible personal property 51,922
by common carrier or by other means of transportation, the place 51,923
at which such property is ultimately received after all 51,924
transportation has been completed shall be considered as the 51,925
place at which such property is received by the purchaser. Direct 51,927
delivery in this state, other than for purposes of
transportation, to a person or firm designated by a purchaser 51,928
constitutes delivery to the purchaser in this state, and direct 51,929
delivery outside this state to a person or firm designated by a 51,930
purchaser does not constitute delivery to the purchaser in this 51,931
state, regardless of where title passes or other conditions of 51,932
sale. 51,933
Sales, other than sales of tangible personal property, are 51,935
1169
in this state if either: 51,936
(i) The income-producing activity is performed SOLELY in 51,938
this state; 51,939
(ii) The income-producing activity is performed both 51,941
within and without this state and a greater proportion of the 51,942
income-producing activity is performed within this state than in 51,944
any other state, based on costs of performance. If the 51,945
income-producing activity involves the solicitation of a sale, 51,946
the location of the solicitation shall control. If the sale is 51,947
principally solicited by the taxpayer or his agent from an office 51,949
within Ohio, such activity shall be allocated to Ohio. If the 51,950
sale is principally solicited by the taxpayer or agent from an 51,953
office outside Ohio, such activity shall not be allocated to
Ohio. 51,954
(d) If the allocation and apportionment provisions of 51,956
division (B) of this section do not fairly represent the extent 51,958
of the taxpayer's business activity in this state, the taxpayer 51,959
may request, which request must be in writing and must accompany 51,960
the report, TIMELY FILED PETITION FOR REASSESSMENT, OR TIMELY 51,961
FILED AMENDED REPORT, or the tax commissioner may require, in 51,962
respect to all or any part of the taxpayer's allocated or 51,964
apportioned base, if reasonable, any one or more of the 51,965
following:
(i) Separate accounting; 51,967
(ii) The exclusion of any one or more of the factors; 51,969
(iii) The inclusion of one or more additional factors 51,971
which will fairly represent the taxpayer's allocated or 51,972
apportioned base in this state. 51,973
An alternative method will be effective only with approval 51,975
by the tax commissioner. 51,976
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXTEND ANY 51,978
STATUTE OF LIMITATIONS SET FORTH IN THIS CHAPTER. 51,979
(C)(1) SUBJECT TO DIVISIONS (C)(2) AND (3) OF THIS 51,983
SECTION, THE TOTAL VALUE, AS SHOWN ON THE BOOKS OF EACH
1170
CORPORATION THAT IS NOT A QUALIFIED HOLDING COMPANY, OF THE NET 51,984
BOOK VALUE OF A CORPORATION'S ASSETS LESS THE NET CARRYING VALUE 51,986
OF ITS LIABILITIES. FOR THE PURPOSES OF DETERMINING THAT TOTAL 51,987
VALUE, ANY RESERVES SHOWN ON THE CORPORATION'S BOOKS SHALL BE 51,988
CONSIDERED LIABILITIES OR CONTRA ASSETS EXCEPT FOR ANY RESERVES
THAT ARE DEEMED APPROPRIATIONS OF RETAINED EARNINGS UNDER 51,990
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 51,991
(2)(a) IF, ON THE LAST DAY OF THE TAXPAYER'S TAXABLE YEAR 51,994
PRECEDING THE TAX YEAR, THE TAXPAYER IS A RELATED MEMBER TO A 51,995
CORPORATION THAT ELECTS TO BE A QUALIFYING HOLDING COMPANY FOR 51,996
THE TAX YEAR BEGINNING AFTER THE LAST DAY OF THE TAXPAYER'S 51,997
TAXABLE YEAR, OR IF, ON THE LAST DAY OF THE TAXPAYER'S TAXABLE 51,998
YEAR PRECEDING THE TAX YEAR, A CORPORATION THAT ELECTS TO BE A 51,999
QUALIFYING HOLDING COMPANY FOR THE TAX YEAR BEGINNING AFTER THE 52,000
LAST DAY OF THE TAXPAYER'S TAXABLE YEAR IS A RELATED MEMBER TO 52,001
THE TAXPAYER, THEN THE TAXPAYER'S TOTAL VALUE SHALL BE ADJUSTED 52,002
BY THE QUALIFYING AMOUNT. EXCEPT AS OTHERWISE PROVIDED UNDER 52,003
DIVISION (C)(2)(b) OF THIS SECTION, "QUALIFYING AMOUNT" MEANS THE 52,005
AMOUNT THAT, WHEN ADDED TO OR SUBTRACTED FROM THE TAXPAYER'S 52,007
TOTAL VALUE, AND WHEN SUBTRACTED FROM OR ADDED TO THE NET 52,008
CARRYING VALUE OF THE TAXPAYER'S LIABILITIES COMPUTED WITHOUT 52,009
REGARD TO DIVISION (C)(2) OF THIS SECTION, RESULTS IN THE 52,011
TAXPAYER'S DEBT-TO-EQUITY RATIO EQUALING THE DEBT-TO-EQUITY RATIO 52,012
OF THE QUALIFYING CONTROLLED GROUP ON THE LAST DAY OF THE TAXABLE 52,013
YEAR ENDING PRIOR TO THE FIRST DAY OF THE TAX YEAR COMPUTED ON A 52,015
CONSOLIDATED BASIS IN ACCORDANCE WITH GENERAL ACCEPTED ACCOUNTING 52,016
PRINCIPLES. FOR THE PURPOSES OF DIVISION (C)(2)(a) OF THIS 52,018
SECTION, THE CORPORATION'S TOTAL VALUE, AFTER THE ADJUSTMENT 52,019
REQUIRED BY THAT DIVISION, SHALL NOT EXCEED THE NET BOOK VALUE OF 52,020
THE CORPORATION'S ASSETS.
(b)(i) THE AMOUNT ADDED TO THE TAXPAYER'S TOTAL VALUE AND 52,023
SUBTRACTED FROM THE NET CARRYING VALUE OF THE TAXPAYER'S 52,024
LIABILITIES SHALL NOT EXCEED THE AMOUNT OF THE NET CARRYING VALUE 52,025
OF THE TAXPAYER'S LIABILITIES OWED DIRECTLY OR INDIRECTLY TO THE 52,026
1171
TAXPAYER'S RELATED MEMBERS. 52,027
(ii) A LIABILITY OWED DIRECTLY OR INDIRECTLY TO THE 52,030
TAXPAYER'S RELATED MEMBERS INCLUDES, BUT IS NOT LIMITED TO, ANY 52,031
AMOUNT THAT THE CORPORATION OWES TO A PERSON THAT IS NOT A 52,032
RELATED MEMBER IF THE CORPORATION'S RELATED MEMBER OR RELATED 52,033
MEMBERS IN WHOLE OR IN PART DIRECTLY OR INDIRECTLY GUARANTEE ANY 52,035
PORTION OR ALL OF THAT AMOUNT, OR PLEDGE, HYPOTHECATE, MORTGAGE, 52,036
OR CARRY OUT ANY SIMILAR TRANSACTIONS TO DIRECTLY OR INDIRECTLY
SECURE ANY PORTION OR ALL OF THAT AMOUNT. 52,038
AS USED IN DIVISION (C) OF THIS SECTION, "INDIRECTLY" 52,041
APPLIES, BUT IS NOT LIMITED TO, ANY TRANSACTION OR TRANSACTIONS 52,042
THE RESULT OF WHICH IS A REDUCTION OR DEFERRAL OF THE TAX IMPOSED 52,043
BY THIS CHAPTER OR AN INCREASE IN CREDITS ALLOWED BY THIS 52,044
CHAPTER, AND THAT CONSTITUTE A SHAM, LACK ECONOMIC REALITY, OR 52,045
ARE PART OF A SERIES OF TRANSACTIONS THAT CONSTITUTE A STEP 52,046
TRANSACTION OR WHOSE FORM DOES NOT REFLECT THEIR SUBSTANCE. 52,047
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT SOLELY TO 52,048
THIS SECTION THE APPLICATION OF THE FOREGOING DOCTRINES. 52,049
(3) THE BASE UPON WHICH THE TAX IS LEVIED UNDER DIVISION 52,051
(C) OF SECTION 5733.06 OF THE REVISED CODE SHALL BE COMPUTED BY 52,053
MULTIPLYING THE AMOUNT DETERMINED UNDER DIVISIONS (C)(1) AND (2) 52,055
OF THIS SECTION BY THE FRACTION DETERMINED UNDER DIVISIONS 52,057
(B)(2)(a) TO (c) OF THIS SECTION AND, IF APPLICABLE, DIVISIONS 52,060
(B)(2)(d)(ii) TO (iv) OF THIS SECTION BUT WITHOUT REGARD TO 52,061
SECTION 5733.052 OF THE REVISED CODE. 52,062
(4) FOR PURPOSES OF DIVISION (C) OF THIS SECTION, "RELATED 52,066
MEMBER" HAS THE SAME MEANING AS IN DIVISION (A)(6) OF SECTION 52,067
5733.042 OF THE REVISED CODE WITHOUT REGARD TO DIVISION (B) OF 52,068
THAT SECTION. 52,069
Sec. 5733.051. Net income of a corporation subject to the 52,078
tax imposed by this chapter SECTION 5733.06 OF THE REVISED CODE 52,079
shall be allocated and apportioned to this state as follows 52,080
PRESCRIBED BY THIS SECTION AND, FOR AIRLINES, SECTION 5733.058 OF 52,081
THE REVISED CODE:
1172
(A) Net rents and royalties from real property located in 52,083
this state are allocable to this state; 52,084
(B) Net rents and royalties from tangible personal 52,086
property, to the extent such property is utilized in this state, 52,087
are allocable to this state if the taxpayer is otherwise subject 52,088
to the tax provided IMPOSED by this chapter SECTION 5733.06 OF 52,090
THE REVISED CODE;
(C) Capital gains and losses from the sale or other 52,092
disposition of real property located in this state are allocable 52,093
to this state; 52,094
(D) Capital gains and losses from the sale or other 52,096
disposition of tangible personal property are allocable to this 52,097
state if the property had a situs in this state at the time of 52,098
sale and the taxpayer is otherwise subject to the tax imposed by 52,099
this chapter SECTION 5733.06 OF THE REVISED CODE; 52,100
(E) Capital gains and losses from the sale or other 52,102
disposition of intangible property which may produce income 52,103
enumerated in division (F) of this section are allocable on the 52,104
same basis as set forth in such division. Capital gains and 52,105
losses from the sale or other disposition of all other intangible 52,106
property are apportionable under division (H) of this section. 52,107
(F) Dividends or distributions which are not otherwise 52,109
deducted or excluded from net income, other than dividends or 52,110
distributions from a domestic international sales corporation, 52,111
are allocable to this state in accordance with the ratio of the 52,112
book value of the physical assets of the payor of the dividends 52,113
or distributions located in this state divided by the book value 52,114
of the total physical assets of the payor located everywhere. 52,115
Dividends or distributions received from a domestic international 52,116
sales corporation, or from a payor the location of whose physical 52,117
assets is unavailable to the taxpayer, are apportionable under 52,118
division (H) of this section. 52,119
(G) Patent and copyright royalties and technical 52,121
assistance fees, not representing the principal source of gross 52,122
1173
receipts of the taxpayer, are allocable to this state to the 52,123
extent that the activity of the payor thereof giving rise to the 52,124
payment takes place in this state. If the location of the 52,125
payor's activity is unavailable to the taxpayer, such royalties 52,126
and fees are apportionable under division (H) of this section. 52,127
(H) Any other net income, from sources other than those 52,129
enumerated in divisions (A) to (G) of this section, is 52,130
apportionable to this state on the basis of the mechanism 52,131
provided in division (B)(2) of section 5733.05 of the Revised 52,132
Code. 52,133
Sec. 5733.052. (A) At the discretion of the tax 52,142
commissioner, any taxpayer that owns or controls either directly 52,143
or indirectly more than fifty per cent of the capital stock with 52,144
voting rights of one or more other corporations, or has more than 52,145
fifty per cent of its capital stock with voting rights owned or 52,146
controlled either directly or indirectly by another corporation, 52,147
or by related interests that own or control either directly or 52,148
indirectly more than fifty per cent of the capital stock with 52,149
voting rights of one or more other corporations, may be required 52,150
or permitted, for purposes of computing the value of its issued 52,151
and outstanding shares of stock under division (B) of section 52,152
5733.05 of the Revised Code, to combine its net income with the 52,153
net income of any such other corporations. 52,154
(B) A combination of net income may also be made at the 52,156
election of any two or more taxpayers each having income, other 52,157
than dividend or distribution income, from sources within Ohio, 52,158
provided the ownership or control requirements contained in the 52,159
division (A) of this section are satisfied and such combination 52,160
is elected in a timely report which sets forth such information 52,161
as the commissioner requires. This election, once made by two or 52,162
more such taxpayers, may not be changed by such taxpayers with 52,163
respect to amended reports or reports for future years without 52,164
the written consent of the commissioner. As used in this 52,165
section, "income from sources within Ohio" means income that 52,166
1174
would be allocated or apportioned to Ohio if the taxpayer 52,167
computed its franchise tax without regard to this section. 52,168
(C) No combination of net income under division (A) of 52,170
this section shall be required unless the commissioner determines 52,171
that, in order to properly reflect income, such a combination is 52,172
necessary because of intercorporate transactions and the tax 52,173
liability imposed by this chapter SECTION 5733.06 OF THE REVISED 52,174
CODE.
(D) In case of a combination of income, the net income of 52,176
each taxpayer shall be measured by the combined net income of all 52,177
the corporations included in the combination. For purposes of 52,178
such measurement, each corporation's net income shall be 52,179
determined in the same manner as if the corporation were a 52,180
taxpayer under this chapter. In computing combined net income, 52,181
intercorporate transactions, including dividends or 52,182
distributions, between corporations included in the combination 52,183
shall be eliminated. If the computation of net income on a 52,184
combination of income involves the use of any of the formulas set 52,185
forth in this chapter, the factors used in the formulas shall be 52,186
the combined totals of the factors for each corporation included 52,187
in the combination after the elimination of any intercorporate 52,188
transactions. The exemptions and deductions permitted under this 52,189
chapter shall be taken in the same manner as if each corporation 52,190
filed a separate report. 52,191
(E) For purposes of division (B) of section 5733.05 of the 52,193
Revised Code, each taxpayer's net income allocated or apportioned 52,194
to this state shall be computed as follows: to compute the 52,195
taxpayer's net income allocated to this state for purposes of 52,196
division (B)(1) of section 5733.05 of the Revised Code, the 52,197
taxpayer's net income for sources allocated under section 52,198
5733.051 of the Revised Code shall be separately determined, 52,199
eliminating intercorporate transactions, and allocated to this 52,200
state as provided by section 5733.051 of the Revised Code. To 52,201
compute the taxpayer's net income apportioned to this state for 52,202
1175
purposes of division (B)(2) of section 5733.05 of the Revised 52,203
Code, the combined net income, other than net income from sources 52,204
allocated under section 5733.051 of the Revised Code, shall be 52,205
apportioned to Ohio and then prorated to the taxpayer on the 52,206
basis of its proportionate part of the factors used to apportion 52,207
the total of such net income to Ohio. 52,208
Sec. 5733.053. (A) As used in this section: 52,217
(1) "Transfer" means a transaction or series of related 52,219
transactions in which a corporation directly or indirectly 52,220
transfers or distributes its assets or equity to another 52,221
corporation. 52,222
(2) "Transferor" means a corporation that has made a 52,224
transfer if on the completion of the transfer the corporation no 52,225
longer does business in this state or owns or uses any capital or 52,226
property in this state. 52,227
(3) "The tax imposed by this chapter" includes the taxes 52,229
imposed under sections 5733.06, 5733.065, and 5733.066 of the 52,230
Revised Code. 52,231
(B) A taxpayer is subject to this section only if all of 52,233
the following apply: 52,234
(1) It received the assets or equity of a transferor in a 52,236
transfer; 52,237
(2) The transferor is not subject to the tax imposed by 52,239
this chapter SECTION 5733.06 OF THE REVISED CODE for the tax 52,240
year;
(3) The taxpayer would have met the ownership or control 52,242
requirements of division (A) of section 5733.052 of the Revised 52,243
Code for a combined report with the transferor if both had been 52,244
in existence on the first day of January immediately before and 52,245
after the transfer and if the transfer had not been made. 52,246
(C) For purposes of valuing its issued and outstanding 52,248
shares of stock under division (B) of section 5733.05 of the 52,249
Revised Code, a taxpayer subject to this section shall add to its 52,250
net income allocated or apportioned to this state, its 52,251
1176
transferor's net income allocated or apportioned to this state. 52,252
The taxpayer shall add such income in computing its tax for the 52,253
same tax year or years that such income would have been reported 52,254
by the transferor if the transfer had not been made and the 52,255
transferor had remained subject to the tax imposed by this 52,256
chapter SECTION 5733.06 OF THE REVISED CODE on the first day of 52,257
January of the tax year. 52,258
(D) The following shall be determined in the same manner 52,260
as if the transfer had not been made and the transferor remained 52,261
subject to the tax imposed by this chapter SECTION 5733.06 OF THE 52,262
REVISED CODE on the first day of January of the tax year: 52,264
(1) The transferor's net income allocated or apportioned 52,266
to this state for the tax year under divisions (B)(1) and (2) of 52,267
section 5733.05 of the Revised Code; 52,268
(2) The transferor's requirements for the combination of 52,270
net income under section 5733.052 of the Revised Code; 52,271
(3) Any other determination regarding the transferor that 52,273
is necessary to avoid an absurd or unreasonable result in the 52,274
application of this chapter. 52,275
(E) A taxpayer shall be allowed the following credits and 52,277
deductions in the same manner that they would have been available 52,278
to its transferor: 52,279
(1) The credit allowed by section 5733.061 of the Revised 52,281
Code with regard to property acquired from its transferor; 52,282
(2) The deduction under division (I)(1) of section 5733.04 52,284
of the Revised Code for net operating losses incurred by its 52,285
transferor, subject to the limitations set forth in sections 381 52,286
and 382 of the Internal Revenue Code concerning net operating 52,287
loss carryovers; 52,288
(3) The deductions allowed by divisions (C)(2), (D)(2), 52,290
(E)(2), (F)(2), (G)(2), and (H) of section 5733.041 of the 52,291
Revised Code for prior depreciation addbacks of its transferor; 52,292
(4) The credit allowed under section 5733.069 of the 52,294
Revised Code, and any other deduction or credit under this 52,295
1177
chapter involving the transferor the disallowance of which would 52,296
be absurd or unreasonable. The allowance of such a deduction or 52,297
credit shall be subject to the limitations set forth in sections 52,298
381 and 382 of the Internal Revenue Code and regulations 52,299
prescribed thereunder concerning an acquiring corporation's 52,300
taking into account the credits of a transferor corporation. 52,301
(F) If a taxpayer subject to this section subsequently 52,303
becomes a transferor, any net income that the taxpayer would have 52,304
been required to add under division (C) of this section shall be 52,305
included in its income as a transferor and any credits or 52,306
deductions that the taxpayer would have been entitled to under 52,307
division (E) of this section shall be available to it as a 52,308
transferor. 52,309
Sec. 5733.055. (A) As used in this section: 52,318
(1) "Ceiling amount" means the excess of the amount 52,320
described in division (A)(1)(a) of this section over the amount 52,321
described in division (A)(1)(b) of this section: 52,322
(a) The amount of income allocated and apportioned to this 52,324
state in accordance with this chapter but without regard to and 52,325
without application of the adjustments required by this section; 52,326
(b) The amount of income allocated and apportioned to this 52,328
state in accordance with this chapter but without regard to and 52,329
without application of the adjustments required by both this 52,330
section and division (I)(13) of section 5733.04 of the Revised 52,331
Code. 52,332
(2) "Income adjustment amount" means the sum of the 52,334
amounts described in divisions (A)(2)(a) and (b) of this section: 52,335
(a) The related member's net interest income actually 52,337
allocated and apportioned to other states that impose a tax on or 52,338
measured by income, in accordance with the other states' 52,339
allocation and apportionment rules; 52,340
(b) The related member's net intangible income actually 52,342
allocated and apportioned to other states that impose a tax on or 52,343
measured by income, in accordance with the other states' 52,344
1178
allocation and apportionment rules. 52,345
For purposes of division (A)(2) of this section, "other 52,347
states" does not include those states under whose laws the 52,348
taxpayer files or could have elected to file with the related 52,349
member, or the related member files or could have elected to file 52,350
with another related member, a combined income tax report or 52,351
return, a consolidated income tax report or return, or any other 52,352
report or return where such report or return is due because of 52,353
the imposition of a tax measured on or by income and such report 52,354
or return results in the elimination of the tax effects from 52,355
transactions directly or indirectly between either the taxpayer 52,356
and the related member or between the related member and another 52,357
corporation if such other corporation, during a 52,358
one-hundred-twenty-month period commencing three years prior to 52,359
the beginning of the tax year, directly or indirectly paid, 52,360
accrued, or incurred intangible expenses and costs or interest 52,361
expenses and costs to an entity described in divisions (C)(1) to 52,362
(5) of section 5733.042 of the Revised Code. 52,363
(3) "Intangible expenses and costs" has the same meaning 52,365
as in division (A)(3) of section 5733.042 of the Revised Code. 52,366
(4) "Interest expenses and costs" has the same meaning as 52,368
in division (A)(4) of section 5733.042 of the Revised Code. 52,369
(5) "Intangible income and revenue" are those amounts 52,371
earned or received by a related member from a taxpayer for the 52,372
taxpayer's use of intangible property. Such amounts include, but 52,373
are not limited to, royalty, patent, technical, and copyright 52,374
fees, licensing fees, and other similar income and revenue. 52,375
(6) "Interest income and revenue" are those amounts earned 52,377
or received by a related member from a taxpayer to the extent 52,378
such amounts are allowed as deductions under section 163 of the 52,379
Internal Revenue Code for purposes of determining the taxpayer's 52,380
taxable income under the Internal Revenue Code. 52,381
(7) "Net intangible income" means intangible income and 52,383
revenue reduced by intangible expenses and costs paid or accrued 52,384
1179
directly or indirectly to a related member described in any of 52,385
divisions (C)(1) to (7) of section 5747.042 of the Revised Code. 52,386
(8) "Net interest income" means interest income and 52,388
revenue reduced by interest expenses and costs paid or accrued 52,389
directly or indirectly to a related member described in any of 52,390
divisions (C)(1) to (7) of section 5747.042 of the Revised Code. 52,391
(B) Except as set forth in division (C) of this section, a 52,393
deduction from the corporation's net income allocated and 52,394
apportioned to this state shall be allowed in an amount equal to 52,395
the income adjustment amount described in division (A)(2) of this 52,396
section. However, in no case shall the deduction be greater than 52,397
the ceiling amount described in division (A)(1) of this section. 52,398
(C) The deduction provided by division (B) of this section 52,400
is available to the taxpayer only if the taxpayer establishes 52,401
with clear and convincing evidence that the intangible expenses 52,402
and costs and the interest expenses and costs paid, accrued, or 52,403
incurred by the corporation to a related member did not have as a 52,404
principal purpose the advoidance AVOIDANCE of any portion of the 52,405
tax imposed by this chapter SECTION 5733.06 OF THE REVISED CODE. 52,406
Sec. 5733.056. (A) AS USED IN THIS SECTION: 52,408
(1) "BILLING ADDRESS" MEANS THE ADDRESS WHERE ANY NOTICE, 52,410
STATEMENT, OR BILL RELATING TO A CUSTOMER'S ACCOUNT IS MAILED, AS 52,411
INDICATED IN THE BOOKS AND RECORDS OF THE TAXPAYER ON THE FIRST 52,412
DAY OF THE TAXABLE YEAR OR ON SUCH LATER DATE IN THE TAXABLE YEAR 52,413
WHEN THE CUSTOMER RELATIONSHIP BEGAN. 52,414
(2) "BORROWER OR CREDIT CARD HOLDER LOCATED IN THIS STATE" 52,416
MEANS: 52,417
(a) A BORROWER, OTHER THAN A CREDIT CARD HOLDER, THAT IS 52,419
ENGAGED IN A TRADE OR BUSINESS AND MAINTAINS ITS COMMERCIAL 52,420
DOMICILE IN THIS STATE; OR 52,421
(b) A BORROWER THAT IS NOT ENGAGED IN A TRADE OR BUSINESS, 52,423
OR A CREDIT CARD HOLDER, WHOSE BILLING ADDRESS IS IN THIS STATE. 52,424
(3) "BRANCH" MEANS A "DOMESTIC BRANCH" AS DEFINED IN 52,426
SECTION 3 OF THE "FEDERAL DEPOSIT INSURANCE ACT," 64 STAT. 873, 52,428
1180
12 U.S.C. 1813(o), AS AMENDED. 52,429
(4) "COMPENSATION" MEANS WAGES, SALARIES, COMMISSIONS, AND 52,432
ANY OTHER FORM OF REMUNERATION PAID TO EMPLOYEES FOR PERSONAL 52,433
SERVICES THAT ARE INCLUDED IN SUCH EMPLOYEE'S GROSS INCOME UNDER 52,434
THE INTERNAL REVENUE CODE. IN THE CASE OF EMPLOYEES NOT SUBJECT 52,436
TO THE INTERNAL REVENUE CODE, SUCH AS THOSE EMPLOYED IN FOREIGN 52,437
COUNTRIES, THE DETERMINATION OF WHETHER SUCH PAYMENTS WOULD 52,438
CONSTITUTE GROSS INCOME TO SUCH EMPLOYEES UNDER THE INTERNAL 52,439
REVENUE CODE SHALL BE MADE AS THOUGH SUCH EMPLOYEES WERE SUBJECT 52,441
TO THE INTERNAL REVENUE CODE. 52,442
(5) "CREDIT CARD" MEANS A CREDIT, TRAVEL, OR ENTERTAINMENT 52,444
CARD.
(6) "CREDIT CARD ISSUER'S REIMBURSEMENT FEE" MEANS THE FEE 52,446
A TAXPAYER RECEIVES FROM A MERCHANT'S BANK BECAUSE ONE OF THE 52,447
PERSONS TO WHOM THE TAXPAYER HAS ISSUED A CREDIT CARD HAS CHARGED 52,449
MERCHANDISE OR SERVICES TO THE CREDIT CARD.
(7) "DEPOSITS" HAS THE MEANING GIVEN IN SECTION 3 OF THE 52,452
"FEDERAL DEPOSIT INSURANCE ACT," 64 STAT. 873, 12 U.S.C. 1813(1), 52,453
AS AMENDED. 52,454
(8) "EMPLOYEE" MEANS, WITH RESPECT TO A PARTICULAR 52,456
TAXPAYER, ANY INDIVIDUAL WHO UNDER THE USUAL COMMON LAW RULES 52,457
APPLICABLE IN DETERMINING THE EMPLOYER-EMPLOYEE RELATIONSHIP, HAS 52,459
THE STATUS OF AN EMPLOYEE OF THAT TAXPAYER.
(9) "GROSS RENTS" MEANS THE ACTUAL SUM OF MONEY OR OTHER 52,461
CONSIDERATION PAYABLE FOR THE USE OR POSSESSION OF PROPERTY. 52,462
"GROSS RENTS" INCLUDES: 52,463
(a) ANY AMOUNT PAYABLE FOR THE USE OR POSSESSION OF REAL 52,465
PROPERTY OR TANGIBLE PERSONAL PROPERTY WHETHER DESIGNATED AS A 52,466
FIXED SUM OF MONEY OR AS A PERCENTAGE OF RECEIPTS, PROFITS, OR 52,467
OTHERWISE;
(b) ANY AMOUNT PAYABLE AS ADDITIONAL RENT OR IN LIEU OF 52,469
RENT, SUCH AS INTEREST, TAXES, INSURANCE, REPAIRS, OR ANY OTHER 52,470
AMOUNT REQUIRED TO BE PAID BY THE TERMS OF A LEASE OR OTHER 52,471
ARRANGEMENT; AND 52,472
1181
(c) A PROPORTIONATE PART OF THE COST OF ANY IMPROVEMENT TO 52,474
REAL PROPERTY MADE BY OR ON BEHALF OF THE TAXPAYER WHICH REVERTS 52,475
TO THE OWNER OR LESSOR UPON TERMINATION OF A LEASE OR OTHER 52,476
ARRANGEMENT. THE AMOUNT TO BE INCLUDED IN GROSS RENTS IS THE 52,477
AMOUNT OF AMORTIZATION OR DEPRECIATION ALLOWED IN COMPUTING THE 52,478
TAXABLE INCOME BASE FOR THE TAXABLE YEAR. HOWEVER, WHERE A 52,479
BUILDING IS ERECTED ON LEASED LAND, BY OR ON BEHALF OF THE 52,480
TAXPAYER, THE VALUE OF THE LAND IS DETERMINED BY MULTIPLYING THE 52,481
GROSS RENT BY EIGHT, AND THE VALUE OF THE BUILDING IS DETERMINED 52,482
IN THE SAME MANNER AS IF OWNED BY THE TAXPAYER. 52,483
(d) THE FOLLOWING ARE NOT INCLUDED IN THE TERM "GROSS 52,485
RENTS":
(i) REASONABLE AMOUNTS PAYABLE AS SEPARATE CHARGES FOR 52,487
WATER AND ELECTRIC SERVICE FURNISHED BY THE LESSOR; 52,488
(ii) REASONABLE AMOUNTS PAYABLE AS SERVICE CHARGES FOR 52,490
JANITORIAL SERVICES FURNISHED BY THE LESSOR; 52,491
(iii) REASONABLE AMOUNTS PAYABLE FOR STORAGE, PROVIDED SUCH 52,493
AMOUNTS ARE PAYABLE FOR SPACE NOT DESIGNATED AND NOT UNDER THE 52,494
CONTROL OF THE TAXPAYER; AND 52,495
(iv) THAT PORTION OF ANY RENTAL PAYMENT WHICH IS 52,497
APPLICABLE TO THE SPACE SUBLEASED FROM THE TAXPAYER AND NOT USED 52,498
BY IT.
(10) "LOAN" MEANS ANY EXTENSION OF CREDIT RESULTING FROM 52,500
DIRECT NEGOTIATIONS BETWEEN THE TAXPAYER AND ITS CUSTOMER, OR THE 52,501
PURCHASE, IN WHOLE OR IN PART, OF SUCH EXTENSION OF CREDIT FROM 52,502
ANOTHER. LOANS INCLUDE DEBT OBLIGATIONS OF SUBSIDIARIES, 52,503
PARTICIPATIONS, SYNDICATIONS, AND LEASES TREATED AS LOANS FOR 52,504
FEDERAL INCOME TAX PURPOSES. "LOAN" DOES NOT INCLUDE: PROPERTIES 52,506
TREATED AS LOANS UNDER SECTION 595 OF THE INTERNAL REVENUE CODE; 52,507
FUTURES OR FORWARD CONTRACTS; OPTIONS; NOTIONAL PRINCIPAL 52,509
CONTRACTS SUCH AS SWAPS; CREDIT CARD RECEIVABLES, INCLUDING 52,510
PURCHASED CREDIT CARD RELATIONSHIPS; NON-INTEREST BEARING 52,511
BALANCES DUE FROM DEPOSITOR INSTITUTIONS; CASH ITEMS IN THE 52,512
PROCESS OF COLLECTION; FEDERAL FUNDS SOLD; SECURITIES PURCHASED 52,513
1182
UNDER AGREEMENTS TO RESELL; ASSETS HELD IN A TRADING ACCOUNT; 52,514
SECURITIES; INTERESTS IN A REAL ESTATE MORTGAGE INVESTMENT
CONDUIT OR OTHER MORTGAGE-BACKED OR ASSET-BACKED SECURITY; AND 52,516
OTHER SIMILAR ITEMS. 52,517
(11) "LOAN SECURED BY REAL PROPERTY" MEANS THAT FIFTY PER 52,519
CENT OR MORE OF THE AGGREGATE VALUE OF THE COLLATERAL USED TO 52,520
SECURE A LOAN OR OTHER OBLIGATION, WHEN VALUED AT FAIR MARKET 52,521
VALUE AS OF THE TIME THE ORIGINAL LOAN OR OBLIGATION WAS 52,522
INCURRED, WAS REAL PROPERTY. 52,523
(12) "MERCHANT DISCOUNT" MEANS THE FEE, OR NEGOTIATED 52,525
DISCOUNT, CHARGED TO A MERCHANT BY THE TAXPAYER FOR THE PRIVILEGE 52,526
OF PARTICIPATING IN A PROGRAM WHEREBY A CREDIT CARD IS ACCEPTED 52,527
IN PAYMENT FOR MERCHANDISE OR SERVICES SOLD TO THE CARD HOLDER. 52,528
(13) "PARTICIPATION" MEANS AN EXTENSION OF CREDIT IN WHICH 52,530
AN UNDIVIDED OWNERSHIP INTEREST IS HELD ON A PRO RATA BASIS IN A 52,531
SINGLE LOAN OR POOL OF LOANS AND RELATED COLLATERAL. IN A LOAN 52,532
PARTICIPATION, THE CREDIT ORIGINATOR INITIALLY MAKES THE LOAN 52,533
AND THEN SUBSEQUENTLY RESELLS ALL OR A PORTION OF IT TO OTHER 52,534
LENDERS. THE PARTICIPATION MAY OR MAY NOT BE KNOWN TO THE 52,535
BORROWER. 52,536
(14) "PRINCIPAL BASE OF OPERATIONS" WITH RESPECT TO 52,538
TRANSPORTATION PROPERTY MEANS THE PLACE OF MORE OR LESS PERMANENT 52,540
NATURE FROM WHICH THE PROPERTY IS REGULARLY DIRECTED OR 52,541
CONTROLLED. WITH RESPECT TO AN EMPLOYEE, THE "PRINCIPAL BASE OF 52,542
OPERATIONS" MEANS THE PLACE OF MORE OR LESS PERMANENT NATURE FROM 52,543
WHICH THE EMPLOYEE REGULARLY (a) STARTS WORK AND TO WHICH THE 52,544
EMPLOYEE CUSTOMARILY RETURNS IN ORDER TO RECEIVE INSTRUCTIONS 52,545
FROM THE EMPLOYER OR (b) COMMUNICATES WITH THE EMPLOYEE'S 52,546
CUSTOMERS OR OTHER PERSONS OR (c) PERFORMS ANY OTHER FUNCTIONS 52,547
NECESSARY TO THE EXERCISE OF THE TRADE OR PROFESSION AT SOME 52,548
OTHER POINT OR POINTS.
(15) "QUALIFIED INSTITUTION" MEANS A FINANCIAL INSTITUTION 52,550
THAT ON OR AFTER JUNE 1, 1997: 52,551
(a)(i) HAS CONSUMMATED ONE OR MORE APPROVED TRANSACTIONS 52,554
1183
WITH INSURED BANKS WITH DIFFERENT HOME STATES THAT WOULD QUALIFY 52,555
UNDER SECTION 102 OF THE "RIEGLE-NEAL INTERSTATE BANKING AND 52,557
BRANCHING EFFICIENCY ACT OF 1994," PUBLIC LAW 103-328, 108 STAT. 52,559
2338;
(ii) IS A FEDERAL SAVINGS ASSOCIATION OR FEDERAL SAVINGS 52,561
BANK THAT HAS CONSUMMATED ONE OR MORE INTERSTATE ACQUISITIONS 52,562
THAT RESULT IN A FINANCIAL INSTITUTION THAT HAS BRANCHES IN MORE 52,563
THAN ONE STATE; OR 52,564
(iii) HAS CONSUMMATED ONE OR MORE APPROVED INTERSTATE 52,566
ACQUISITIONS UNDER AUTHORITY OF TITLE XI OF THE REVISED CODE THAT 52,569
RESULT IN A FINANCIAL INSTITUTION THAT HAS BRANCHES IN MORE THAN 52,570
ONE STATE; AND
(b) HAS AT LEAST TEN PER CENT OF ITS DEPOSITS IN THIS 52,573
STATE AS OF THE LAST DAY OF JUNE PRIOR TO THE BEGINNING OF THE 52,574
TAX YEAR.
(16) "REAL PROPERTY OWNED" AND "TANGIBLE PERSONAL PROPERTY 52,577
OWNED" MEAN REAL AND TANGIBLE PERSONAL PROPERTY, RESPECTIVELY, ON 52,578
WHICH THE TAXPAYER MAY CLAIM DEPRECIATION FOR FEDERAL INCOME TAX 52,579
PURPOSES, OR TO WHICH THE TAXPAYER HOLDS LEGAL TITLE AND ON WHICH 52,580
NO OTHER PERSON MAY CLAIM DEPRECIATION FOR FEDERAL INCOME TAX 52,581
PURPOSES, OR COULD CLAIM DEPRECIATION IF SUBJECT TO FEDERAL 52,582
INCOME TAX. REAL AND TANGIBLE PERSONAL PROPERTY DO NOT INCLUDE 52,583
COIN, CURRENCY, OR PROPERTY ACQUIRED IN LIEU OF OR PURSUANT TO A 52,584
FORECLOSURE.
(17) "REGULAR PLACE OF BUSINESS" MEANS AN OFFICE AT WHICH 52,586
THE TAXPAYER CARRIES ON ITS BUSINESS IN A REGULAR AND SYSTEMATIC 52,587
MANNER AND WHICH IS CONTINUOUSLY MAINTAINED, OCCUPIED, AND USED 52,588
BY EMPLOYEES OF THE TAXPAYER. 52,589
(18) "STATE" MEANS A STATE OF THE UNITED STATES, THE 52,592
DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, OR ANY 52,594
TERRITORY OR POSSESSION OF THE UNITED STATES. 52,595
(19) "SYNDICATION" MEANS AN EXTENSION OF CREDIT IN WHICH 52,597
TWO OR MORE PERSONS FUND AND EACH PERSON IS AT RISK ONLY UP TO A 52,598
SPECIFIED PERCENTAGE OF THE TOTAL EXTENSION OF CREDIT OR UP TO A 52,599
1184
SPECIFIED DOLLAR AMOUNT. 52,600
(20) "TRANSPORTATION PROPERTY" MEANS VEHICLES AND VESSELS 52,602
CAPABLE OF MOVING UNDER THEIR OWN POWER, SUCH AS AIRCRAFT, 52,603
TRAINS, WATER VESSELS AND MOTOR VEHICLES, AS WELL AS ANY 52,604
EQUIPMENT OR CONTAINERS ATTACHED TO SUCH PROPERTY, SUCH AS 52,605
ROLLING STOCK, BARGES, TRAILERS, OR THE LIKE. 52,606
(B) THE ANNUAL FINANCIAL INSTITUTION REPORT DETERMINES THE 52,608
VALUE OF THE ISSUED AND OUTSTANDING SHARES OF STOCK OF THE 52,609
TAXPAYER, AND IS THE BASE OR MEASURE OF THE FRANCHISE TAX 52,610
LIABILITY. SUCH DETERMINATION SHALL BE MADE AS OF THE DATE SHOWN 52,612
BY THE REPORT TO HAVE BEEN THE BEGINNING OF THE FINANCIAL
INSTITUTION'S ANNUAL ACCOUNTING PERIOD THAT INCLUDES THE FIRST 52,613
DAY OF JANUARY OF THE TAX YEAR. FOR PURPOSES OF THIS SECTION, 52,614
DIVISION (A) OF SECTION 5733.05, AND DIVISION (D) OF SECTION 52,616
5733.06 OF THE REVISED CODE, THE VALUE OF THE ISSUED AND 52,617
OUTSTANDING SHARES OF STOCK OF THE FINANCIAL INSTITUTION SHALL 52,618
INCLUDE THE TOTAL VALUE, AS SHOWN BY THE BOOKS OF THE FINANCIAL 52,619
INSTITUTION, OF ITS CAPITAL, SURPLUS, WHETHER EARNED OR UNEARNED, 52,620
UNDIVIDED PROFITS, AND RESERVES, BUT EXCLUSIVE OF: 52,621
(1) RESERVES FOR ACCOUNTS RECEIVABLE, DEPRECIATION, 52,623
DEPLETION, AND ANY OTHER VALUATION RESERVES WITH RESPECT TO 52,624
SPECIFIC ASSETS; 52,625
(2) TAXES DUE AND PAYABLE DURING THE YEAR FOR WHICH SUCH 52,627
REPORT WAS MADE; 52,628
(3) VOTING STOCK AND PARTICIPATION CERTIFICATES IN 52,630
CORPORATIONS CHARTERED PURSUANT TO THE "FARM CREDIT ACT OF 1971," 52,632
85 STAT. 597, 12 U.S.C. 2091, AS AMENDED; 52,634
(4) GOOD WILL, APPRECIATION, AND ABANDONED PROPERTY AS SET 52,636
UP IN THE ANNUAL REPORT OF THE FINANCIAL INSTITUTION, PROVIDED A 52,637
CERTIFIED BALANCE SHEET OF THE COMPANY IS MADE AVAILABLE UPON THE 52,639
REQUEST OF THE TAX COMMISSIONER. SUCH BALANCE SHEET SHALL NOT BE 52,640
A PART OF THE PUBLIC RECORDS, BUT SHALL BE A CONFIDENTIAL REPORT 52,641
FOR USE OF THE TAX COMMISSIONER ONLY.
(5) A PORTION OF THE VALUE OF THE ISSUED AND OUTSTANDING 52,643
1185
SHARES OF STOCK OF SUCH FINANCIAL INSTITUTION EQUAL TO THE AMOUNT 52,644
OBTAINED BY MULTIPLYING SUCH VALUE BY THE QUOTIENT OBTAINED BY: 52,645
(a) DIVIDING (1) THE AMOUNT OF THE FINANCIAL INSTITUTION'S 52,647
ASSETS, AS SHOWN ON ITS BOOKS, REPRESENTED BY INVESTMENTS IN THE 52,648
CAPITAL STOCK AND INDEBTEDNESS OF PUBLIC UTILITIES OF WHICH AT 52,649
LEAST EIGHTY PER CENT OF THE UTILITY'S ISSUED AND OUTSTANDING 52,650
COMMON STOCK IS OWNED BY THE FINANCIAL INSTITUTION BY (2) THE 52,651
TOTAL ASSETS OF SUCH FINANCIAL INSTITUTION AS SHOWN ON ITS BOOKS; 52,653
(b) DIVIDING (1) THE AMOUNT OF THE FINANCIAL INSTITUTION'S 52,655
ASSETS, AS SHOWN ON ITS BOOKS, REPRESENTED BY INVESTMENTS IN THE 52,656
CAPITAL STOCK AND INDEBTEDNESS OF INSURANCE COMPANIES OF WHICH AT 52,658
LEAST EIGHTY PER CENT OF THE INSURANCE COMPANY'S ISSUED AND
OUTSTANDING COMMON STOCK IS OWNED BY THE FINANCIAL INSTITUTION BY 52,660
(2) THE TOTAL ASSETS OF SUCH FINANCIAL INSTITUTION AS SHOWN ON 52,661
ITS BOOKS;
(c) DIVIDING (1) THE AMOUNT OF THE FINANCIAL INSTITUTION'S 52,663
ASSETS, AS SHOWN ON ITS BOOKS, REPRESENTED BY INVESTMENTS IN THE 52,664
CAPITAL STOCK AND INDEBTEDNESS OF OTHER FINANCIAL INSTITUTIONS OF 52,666
WHICH AT LEAST TWENTY-FIVE PER CENT OF THE OTHER FINANCIAL
INSTITUTION'S ISSUED AND OUTSTANDING COMMON STOCK IS OWNED BY THE 52,668
FINANCIAL INSTITUTION BY (2) THE TOTAL ASSETS OF THE FINANCIAL 52,669
INSTITUTION AS SHOWN ON ITS BOOKS;
(6) LAND THAT HAS BEEN DETERMINED PURSUANT TO SECTION 52,671
5713.31 OF THE REVISED CODE BY THE COUNTY AUDITOR OF THE COUNTY 52,672
IN WHICH THE LAND IS LOCATED TO BE DEVOTED EXCLUSIVELY TO 52,674
AGRICULTURAL USE AS OF THE FIRST MONDAY OF JUNE IN THE FINANCIAL 52,675
INSTITUTION'S TAXABLE YEAR. 52,676
(7) PROPERTY WITHIN THIS STATE USED EXCLUSIVELY DURING THE 52,678
TAXABLE YEAR FOR QUALIFIED RESEARCH AS DEFINED IN SECTION 5733.05 52,679
OF THE REVISED CODE. 52,680
(C) THE BASE UPON WHICH THE TAX LEVIED UNDER DIVISION (D) 52,683
OF SECTION 5733.06 OF THE REVISED CODE SHALL BE COMPUTED BY 52,684
MULTIPLYING THE VALUE OF A FINANCIAL INSTITUTION'S ISSUED AND 52,685
OUTSTANDING SHARES OF STOCK AS DETERMINED IN DIVISION (B) OF THIS 52,686
1186
SECTION BY A FRACTION. THE NUMERATOR OF THE FRACTION IS THE SUM 52,688
OF THE FOLLOWING: THE PROPERTY FACTOR MULTIPLIED BY FIFTEEN, THE 52,690
PAYROLL FACTOR MULTIPLIED BY FIFTEEN, AND THE SALES FACTOR 52,691
MULTIPLIED BY SEVENTY. THE DENOMINATOR OF THE FRACTION IS ONE 52,693
HUNDRED, PROVIDED THAT THE DENOMINATOR SHALL BE REDUCED BY
FIFTEEN IF THE PROPERTY FACTOR HAS A DENOMINATOR OF ZERO, BY 52,694
FIFTEEN IF THE PAYROLL FACTOR HAS A DENOMINATOR OF ZERO, AND BY 52,696
SEVENTY IF THE SALES FACTOR HAS A DENOMINATOR OF ZERO. 52,697
(D) A FINANCIAL INSTITUTION SHALL CALCULATE THE PROPERTY 52,699
FACTOR AS FOLLOWS: 52,700
(1) THE PROPERTY FACTOR IS A FRACTION, THE NUMERATOR OF 52,702
WHICH IS THE AVERAGE VALUE OF REAL PROPERTY AND TANGIBLE PERSONAL 52,703
PROPERTY RENTED TO THE TAXPAYER THAT IS LOCATED OR USED WITHIN 52,704
THIS STATE DURING THE TAXABLE YEAR, THE AVERAGE VALUE OF REAL AND 52,706
TANGIBLE PERSONAL PROPERTY OWNED BY THE TAXPAYER THAT IS LOCATED 52,707
OR USED WITHIN THIS STATE DURING THE TAXABLE YEAR, AND THE 52,708
AVERAGE VALUE OF THE TAXPAYER'S LOANS AND CREDIT CARD RECEIVABLES 52,709
THAT ARE LOCATED WITHIN THIS STATE DURING THE TAXABLE YEAR; AND 52,710
THE DENOMINATOR OF WHICH IS THE AVERAGE VALUE OF ALL SUCH 52,711
PROPERTY LOCATED OR USED WITHIN AND WITHOUT THIS STATE DURING THE 52,712
TAXABLE YEAR.
(2)(a) THE VALUE OF REAL PROPERTY AND TANGIBLE PERSONAL 52,714
PROPERTY OWNED BY THE TAXPAYER IS THE ORIGINAL COST OR OTHER 52,715
BASIS OF SUCH PROPERTY FOR FEDERAL INCOME TAX PURPOSES WITHOUT 52,716
REGARD TO DEPLETION, DEPRECIATION, OR AMORTIZATION. 52,717
(b) LOANS ARE VALUED AT THEIR OUTSTANDING PRINCIPAL 52,719
BALANCE, WITHOUT REGARD TO ANY RESERVE FOR BAD DEBTS. IF A LOAN 52,720
IS CHARGED-OFF IN WHOLE OR IN PART FOR FEDERAL INCOME TAX 52,721
PURPOSES, THE PORTION OF THE LOAN CHARGED-OFF IS NOT OUTSTANDING. 52,722
A SPECIFICALLY ALLOCATED RESERVE ESTABLISHED PURSUANT TO 52,723
FINANCIAL ACCOUNTING GUIDELINES WHICH IS TREATED AS CHARGED-OFF 52,724
FOR FEDERAL INCOME TAX PURPOSES SHALL BE TREATED AS CHARGED-OFF 52,725
FOR PURPOSES OF THIS SECTION. 52,726
(c) CREDIT CARD RECEIVABLES ARE VALUED AT THEIR 52,728
1187
OUTSTANDING PRINCIPAL BALANCE, WITHOUT REGARD TO ANY RESERVE FOR 52,729
BAD DEBTS. IF A CREDIT CARD RECEIVABLE IS CHARGED-OFF IN WHOLE 52,730
OR IN PART FOR FEDERAL INCOME TAX PURPOSES, THE PORTION OF THE 52,731
RECEIVABLE CHARGED-OFF IS NOT OUTSTANDING. 52,732
(3) THE AVERAGE VALUE OF PROPERTY OWNED BY THE TAXPAYER IS 52,734
COMPUTED ON AN ANNUAL BASIS BY ADDING THE VALUE OF THE PROPERTY 52,735
ON THE FIRST DAY OF THE TAXABLE YEAR AND THE VALUE ON THE LAST 52,736
DAY OF THE TAXABLE YEAR AND DIVIDING THE SUM BY TWO. IF 52,737
AVERAGING ON THIS BASIS DOES NOT PROPERLY REFLECT AVERAGE VALUE, 52,738
THE TAX COMMISSIONER MAY REQUIRE AVERAGING ON A MORE FREQUENT 52,739
BASIS. THE TAXPAYER MAY ELECT TO AVERAGE ON A MORE FREQUENT 52,740
BASIS. WHEN AVERAGING ON A MORE FREQUENT BASIS IS REQUIRED BY 52,741
THE TAX COMMISSIONER OR IS ELECTED BY THE TAXPAYER, THE SAME 52,742
METHOD OF VALUATION MUST BE USED CONSISTENTLY BY THE TAXPAYER 52,743
WITH RESPECT TO PROPERTY WITHIN AND WITHOUT THIS STATE AND ON ALL 52,745
SUBSEQUENT RETURNS UNLESS THE TAXPAYER RECEIVES PRIOR PERMISSION 52,746
FROM THE TAX COMMISSIONER OR THE TAX COMMISSIONER REQUIRES A 52,747
DIFFERENT METHOD OF DETERMINING VALUE.
(4)(a) THE AVERAGE VALUE OF REAL PROPERTY AND TANGIBLE 52,749
PERSONAL PROPERTY THAT THE TAXPAYER HAS RENTED FROM ANOTHER AND 52,750
IS NOT TREATED AS PROPERTY OWNED BY THE TAXPAYER FOR FEDERAL 52,751
INCOME TAX PURPOSES, SHALL BE DETERMINED ANNUALLY BY MULTIPLYING 52,752
THE GROSS RENTS PAYABLE DURING THE TAXABLE YEAR BY EIGHT. 52,753
(b) WHERE THE USE OF THE GENERAL METHOD DESCRIBED IN 52,755
DIVISION (D)(4)(a) OF THIS SECTION RESULTS IN INACCURATE 52,756
VALUATIONS OF RENTED PROPERTY, ANY OTHER METHOD WHICH PROPERLY 52,758
REFLECTS THE VALUE MAY BE ADOPTED BY THE TAX COMMISSIONER OR BY 52,759
THE TAXPAYER WHEN APPROVED IN WRITING BY THE TAX COMMISSIONER. 52,760
ONCE APPROVED, SUCH OTHER METHOD OF VALUATION MUST BE USED ON ALL 52,761
SUBSEQUENT RETURNS UNLESS THE TAXPAYER RECEIVES PRIOR APPROVAL 52,762
FROM THE TAX COMMISSIONER OR THE TAX COMMISSIONER REQUIRES A 52,763
DIFFERENT METHOD OF VALUATION. 52,764
(5)(a) EXCEPT AS DESCRIBED IN DIVISION (D)(5)(b) OF THIS 52,767
SECTION, REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY OWNED BY OR 52,768
1188
RENTED TO THE TAXPAYER IS CONSIDERED TO BE LOCATED WITHIN THIS 52,769
STATE IF IT IS PHYSICALLY LOCATED, SITUATED, OR USED WITHIN THIS 52,770
STATE.
(b) TRANSPORTATION PROPERTY IS INCLUDED IN THE NUMERATOR 52,772
OF THE PROPERTY FACTOR TO THE EXTENT THAT THE PROPERTY IS USED IN 52,773
THIS STATE. THE EXTENT AN AIRCRAFT WILL BE DEEMED TO BE USED IN 52,774
THIS STATE AND THE AMOUNT OF VALUE THAT IS TO BE INCLUDED IN THE 52,775
NUMERATOR OF THIS STATE'S PROPERTY FACTOR IS DETERMINED BY 52,776
MULTIPLYING THE AVERAGE VALUE OF THE AIRCRAFT BY A FRACTION, THE 52,777
NUMERATOR OF WHICH IS THE NUMBER OF LANDINGS OF THE AIRCRAFT IN 52,778
THIS STATE AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF 52,779
LANDINGS OF THE AIRCRAFT EVERYWHERE. IF THE EXTENT OF THE USE OF 52,781
ANY TRANSPORTATION PROPERTY WITHIN THIS STATE CANNOT BE
DETERMINED, THEN THE PROPERTY WILL BE DEEMED TO BE USED WHOLLY IN 52,783
THE STATE IN WHICH THE PROPERTY HAS ITS PRINCIPAL BASE OF
OPERATIONS. A MOTOR VEHICLE WILL BE DEEMED TO BE USED WHOLLY IN 52,784
THE STATE IN WHICH IT IS REGISTERED. 52,785
(6)(a)(i) A LOAN, OTHER THAN A LOAN OR ADVANCE DESCRIBED 52,787
IN DIVISION (D)(6)(d) OF THIS SECTION, IS CONSIDERED TO BE 52,788
LOCATED WITHIN THIS STATE IF IT IS PROPERLY ASSIGNED TO A REGULAR 52,790
PLACE OF BUSINESS OF THE TAXPAYER WITHIN THIS STATE. 52,791
(ii) A LOAN IS PROPERLY ASSIGNED TO THE REGULAR PLACE OF 52,793
BUSINESS WITH WHICH IT HAS A PREPONDERANCE OF SUBSTANTIVE 52,794
CONTACTS. A LOAN ASSIGNED BY THE TAXPAYER TO A REGULAR PLACE OF 52,795
BUSINESS WITHOUT THE STATE SHALL BE PRESUMED TO HAVE BEEN 52,796
PROPERLY ASSIGNED IF: 52,797
(I) THE TAXPAYER HAS ASSIGNED, IN THE REGULAR COURSE OF 52,799
ITS BUSINESS, SUCH LOAN ON ITS RECORDS TO A REGULAR PLACE OF 52,800
BUSINESS CONSISTENT WITH FEDERAL OR STATE REGULATORY 52,801
REQUIREMENTS; 52,802
(II) SUCH ASSIGNMENT ON ITS RECORDS IS BASED UPON 52,804
SUBSTANTIVE CONTACTS OF THE LOAN TO SUCH REGULAR PLACE OF 52,805
BUSINESS; AND
(III) THE TAXPAYER USES THE RECORDS REFLECTING ASSIGNMENT 52,807
1189
OF LOANS FOR THE FILING OF ALL STATE AND LOCAL TAX RETURNS FOR 52,808
WHICH AN ASSIGNMENT OF LOANS TO A REGULAR PLACE OF BUSINESS IS 52,809
REQUIRED. 52,810
(iii) THE PRESUMPTION OF PROPER ASSIGNMENT OF A LOAN 52,812
PROVIDED IN DIVISION (D)(6)(a)(ii) OF THIS SECTION MAY BE 52,813
REBUTTED UPON A SHOWING BY THE TAX COMMISSIONER, SUPPORTED BY A 52,814
PREPONDERANCE OF THE EVIDENCE, THAT THE PREPONDERANCE OF 52,815
SUBSTANTIVE CONTACTS REGARDING SUCH LOAN DID NOT OCCUR AT THE 52,816
REGULAR PLACE OF BUSINESS TO WHICH IT WAS ASSIGNED ON THE 52,817
TAXPAYER'S RECORDS. WHEN SUCH PRESUMPTION HAS BEEN REBUTTED, THE 52,819
LOAN SHALL THEN BE LOCATED WITHIN THIS STATE IF (1) THE TAXPAYER 52,820
HAD A REGULAR PLACE OF BUSINESS WITHIN THIS STATE AT THE TIME THE 52,821
LOAN WAS MADE; AND (2) THE TAXPAYER FAILS TO SHOW, BY A 52,822
PREPONDERANCE OF THE EVIDENCE, THAT THE PREPONDERANCE OF
SUBSTANTIVE CONTACTS REGARDING SUCH LOAN DID NOT OCCUR WITHIN 52,823
THIS STATE. 52,824
(b) IN THE CASE OF A LOAN WHICH IS ASSIGNED BY THE 52,826
TAXPAYER TO A PLACE WITHOUT THIS STATE WHICH IS NOT A REGULAR 52,827
PLACE OF BUSINESS, IT SHALL BE PRESUMED, SUBJECT TO REBUTTAL BY 52,828
THE TAXPAYER ON A SHOWING SUPPORTED BY THE PREPONDERANCE OF 52,829
EVIDENCE, THAT THE PREPONDERANCE OF SUBSTANTIVE CONTACTS 52,830
REGARDING THE LOAN OCCURRED WITHIN THIS STATE IF, AT THE TIME THE 52,832
LOAN WAS MADE THE TAXPAYER'S COMMERCIAL DOMICILE WAS WITHIN THIS 52,833
STATE.
(c) TO DETERMINE THE STATE IN WHICH THE PREPONDERANCE OF 52,835
SUBSTANTIVE CONTACTS RELATING TO A LOAN HAVE OCCURRED, THE FACTS 52,836
AND CIRCUMSTANCES REGARDING THE LOAN AT ISSUE SHALL BE REVIEWED 52,837
ON A CASE-BY-CASE BASIS AND CONSIDERATION SHALL BE GIVEN TO SUCH 52,838
ACTIVITIES AS THE SOLICITATION, INVESTIGATION, NEGOTIATION, 52,839
APPROVAL, AND ADMINISTRATION OF THE LOAN. THE TERMS 52,840
"SOLICITATION," "INVESTIGATION," "NEGOTIATION," "APPROVAL," AND 52,841
"ADMINISTRATION" ARE DEFINED AS FOLLOWS: 52,842
(i) "SOLICITATION" IS EITHER ACTIVE OR PASSIVE. ACTIVE 52,844
SOLICITATION OCCURS WHEN AN EMPLOYEE OF THE TAXPAYER INITIATES 52,845
1190
THE CONTACT WITH THE CUSTOMER. SUCH ACTIVITY IS LOCATED AT THE 52,846
REGULAR PLACE OF BUSINESS WHICH THE TAXPAYER'S EMPLOYEE IS 52,847
REGULARLY CONNECTED WITH OR WORKING OUT OF, REGARDLESS OF WHERE 52,848
THE SERVICES OF SUCH EMPLOYEE WERE ACTUALLY PERFORMED. PASSIVE 52,849
SOLICITATION OCCURS WHEN THE CUSTOMER INITIATES THE CONTACT WITH 52,850
THE TAXPAYER. IF THE CUSTOMER'S INITIAL CONTACT WAS NOT AT A 52,851
REGULAR PLACE OF BUSINESS OF THE TAXPAYER, THE REGULAR PLACE OF 52,852
BUSINESS, IF ANY, WHERE THE PASSIVE SOLICITATION OCCURRED IS 52,853
DETERMINED BY THE FACTS IN EACH CASE. 52,854
(ii) "INVESTIGATION" IS THE PROCEDURE WHEREBY EMPLOYEES OF 52,856
THE TAXPAYER DETERMINE THE CREDITWORTHINESS OF THE CUSTOMER AS 52,857
WELL AS THE DEGREE OF RISK INVOLVED IN MAKING A PARTICULAR 52,858
AGREEMENT. SUCH ACTIVITY IS LOCATED AT THE REGULAR PLACE OF 52,859
BUSINESS WHICH THE TAXPAYER'S EMPLOYEES ARE REGULARLY CONNECTED 52,860
WITH OR WORKING OUT OF, REGARDLESS OF WHERE THE SERVICES OF SUCH 52,861
EMPLOYEES WERE ACTUALLY PERFORMED. 52,862
(iii) NEGOTIATION IS THE PROCEDURE WHEREBY EMPLOYEES OF 52,864
THE TAXPAYER AND ITS CUSTOMER DETERMINE THE TERMS OF THE 52,865
AGREEMENT, SUCH AS THE AMOUNT, DURATION, INTEREST RATE, FREQUENCY 52,866
OF REPAYMENT, CURRENCY DENOMINATION, AND SECURITY REQUIRED. SUCH 52,867
ACTIVITY IS LOCATED AT THE REGULAR PLACE OF BUSINESS TO WHICH THE 52,868
TAXPAYER'S EMPLOYEES ARE REGULARLY CONNECTED OR WORKING FROM, 52,870
REGARDLESS OF WHERE THE SERVICES OF SUCH EMPLOYEES WERE ACTUALLY 52,871
PERFORMED.
(iv) "APPROVAL" IS THE PROCEDURE WHEREBY EMPLOYEES OR THE 52,873
BOARD OF DIRECTORS OF THE TAXPAYER MAKE THE FINAL DETERMINATION 52,874
WHETHER TO ENTER INTO THE AGREEMENT. SUCH ACTIVITY IS LOCATED AT 52,876
THE REGULAR PLACE OF BUSINESS TO WHICH THE TAXPAYER'S EMPLOYEES
ARE REGULARLY CONNECTED OR WORKING FROM, REGARDLESS OF WHERE THE 52,878
SERVICES OF SUCH EMPLOYEES WERE ACTUALLY PERFORMED. IF THE BOARD 52,879
OF DIRECTORS MAKES THE FINAL DETERMINATION, SUCH ACTIVITY IS 52,880
LOCATED AT THE COMMERCIAL DOMICILE OF THE TAXPAYER.
(v) "ADMINISTRATION" IS THE PROCESS OF MANAGING THE 52,882
ACCOUNT. THIS PROCESS INCLUDES BOOKKEEPING, COLLECTING THE 52,883
1191
PAYMENTS, CORRESPONDING WITH THE CUSTOMER, REPORTING TO 52,884
MANAGEMENT REGARDING THE STATUS OF THE AGREEMENT, AND PROCEEDING 52,885
AGAINST THE BORROWER OR THE SECURITY INTEREST IF THE BORROWER IS 52,886
IN DEFAULT. SUCH ACTIVITY IS LOCATED AT THE REGULAR PLACE OF 52,887
BUSINESS THAT OVERSEES THIS ACTIVITY. 52,888
(d) A LOAN OR ADVANCE TO A SUBSIDIARY CORPORATION AT LEAST 52,890
FIFTY-ONE PER CENT OF WHOSE COMMON STOCK IS OWNED BY THE 52,891
FINANCIAL INSTITUTION SHALL BE ALLOCATED IN AND OUT OF THE STATE 52,892
BY THE APPLICATION OF A RATIO WHOSE NUMERATOR IS THE SUM OF THE 52,893
NET BOOK VALUE OF THE SUBSIDIARY'S REAL PROPERTY OWNED IN THIS 52,894
STATE AND THE SUBSIDIARY'S TANGIBLE PERSONAL PROPERTY OWNED IN 52,895
THIS STATE AND WHOSE DENOMINATOR IS THE SUM OF THE SUBSIDIARY'S 52,896
REAL PROPERTY OWNED WHEREVER LOCATED AND THE SUBSIDIARY'S 52,897
TANGIBLE PERSONAL PROPERTY OWNED WHEREVER LOCATED. FOR PURPOSES 52,898
OF CALCULATING THIS RATIO, THE TAXPAYER SHALL DETERMINE NET BOOK 52,899
VALUE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING 52,900
PRINCIPLES. 52,901
(7) FOR PURPOSES OF DETERMINING THE LOCATION OF CREDIT 52,903
CARD RECEIVABLES, CREDIT CARD RECEIVABLES SHALL BE TREATED AS 52,904
LOANS AND SHALL BE SUBJECT TO DIVISION (D)(6) OF THIS SECTION. 52,906
(8) A LOAN THAT HAS BEEN PROPERLY ASSIGNED TO A STATE 52,908
SHALL, ABSENT ANY CHANGE OF MATERIAL FACT, REMAIN ASSIGNED TO 52,909
THAT STATE FOR THE LENGTH OF THE ORIGINAL TERM OF THE LOAN. 52,910
THEREAFTER, THE LOAN MAY BE PROPERLY ASSIGNED TO ANOTHER STATE IF 52,912
THE LOAN HAS A PREPONDERANCE OF SUBSTANTIVE CONTACT TO A REGULAR 52,913
PLACE OF BUSINESS THERE.
(E) A FINANCIAL INSTITUTION SHALL CALCULATE THE PAYROLL 52,915
FACTOR AS FOLLOWS: 52,916
(1) THE PAYROLL FACTOR IS A FRACTION, THE NUMERATOR OF 52,918
WHICH IS THE TOTAL AMOUNT PAID IN THIS STATE DURING THE TAXABLE 52,919
YEAR BY THE TAXPAYER FOR COMPENSATION, AND THE DENOMINATOR OF 52,920
WHICH IS THE TOTAL COMPENSATION PAID BOTH WITHIN AND WITHOUT THIS 52,921
STATE DURING THE TAXABLE YEAR. 52,922
(2) COMPENSATION IS PAID IN THIS STATE IF ANY ONE OF THE 52,924
1192
FOLLOWING TESTS, APPLIED CONSECUTIVELY, IS MET: 52,925
(a) THE EMPLOYEE'S SERVICES ARE PERFORMED ENTIRELY WITHIN 52,927
THIS STATE. 52,928
(b) THE EMPLOYEE'S SERVICES ARE PERFORMED BOTH WITHIN AND 52,930
WITHOUT THIS STATE, BUT THE SERVICE PERFORMED WITHOUT THIS STATE 52,931
IS INCIDENTAL TO THE EMPLOYEE'S SERVICE WITHIN THIS STATE. THE 52,932
TERM "INCIDENTAL" MEANS ANY SERVICE WHICH IS TEMPORARY OR 52,933
TRANSITORY IN NATURE, OR WHICH IS RENDERED IN CONNECTION WITH AN 52,934
ISOLATED TRANSACTION. 52,935
(c) THE EMPLOYEE'S SERVICES ARE PERFORMED BOTH WITHIN AND 52,937
WITHOUT THIS STATE, AND: 52,938
(i) THE EMPLOYEE'S PRINCIPAL BASE OF OPERATIONS IS WITHIN 52,940
THIS STATE; OR 52,941
(ii) THERE IS NO PRINCIPAL BASE OF OPERATIONS IN ANY STATE 52,943
IN WHICH SOME PART OF THE SERVICES ARE PERFORMED, BUT THE PLACE 52,944
FROM WHICH THE SERVICES ARE DIRECTED OR CONTROLLED IS IN THIS 52,945
STATE; OR 52,946
(iii) THE PRINCIPAL BASE OF OPERATIONS AND THE PLACE FROM 52,948
WHICH THE SERVICES ARE DIRECTED OR CONTROLLED ARE NOT IN ANY 52,949
STATE IN WHICH SOME PART OF THE SERVICE IS PERFORMED BUT THE 52,950
EMPLOYEE'S RESIDENCE IS IN THIS STATE. 52,951
(F) A FINANCIAL INSTITUTION SHALL CALCULATE THE SALES 52,953
FACTOR AS FOLLOWS: 52,954
(1) THE SALES FACTOR IS A FRACTION, THE NUMERATOR OF WHICH 52,956
IS THE RECEIPTS OF THE TAXPAYER IN THIS STATE DURING THE TAXABLE 52,957
YEAR AND THE DENOMINATOR OF WHICH IS THE RECEIPTS OF THE TAXPAYER 52,959
WITHIN AND WITHOUT THIS STATE DURING THE TAXABLE YEAR. THE 52,960
METHOD OF CALCULATING RECEIPTS FOR PURPOSES OF THE DENOMINATOR IS 52,961
THE SAME AS THE METHOD USED IN DETERMINING RECEIPTS FOR PURPOSES 52,962
OF THE NUMERATOR.
(2) THE NUMERATOR OF THE SALES FACTOR INCLUDES RECEIPTS 52,964
FROM THE LEASE OR RENTAL OF REAL PROPERTY OWNED BY THE TAXPAYER 52,965
IF THE PROPERTY IS LOCATED WITHIN THIS STATE, OR RECEIPTS FROM 52,966
THE SUBLEASE OF REAL PROPERTY IF THE PROPERTY IS LOCATED WITHIN 52,967
1193
THIS STATE. 52,968
(3)(a) EXCEPT AS DESCRIBED IN DIVISION (F)(3)(b) OF THIS 52,971
SECTION THE NUMERATOR OF THE SALES FACTOR INCLUDES RECEIPTS FROM 52,972
THE LEASE OR RENTAL OF TANGIBLE PERSONAL PROPERTY OWNED BY THE 52,973
TAXPAYER IF THE PROPERTY IS LOCATED WITHIN THIS STATE WHEN IT IS 52,974
FIRST PLACED IN SERVICE BY THE LESSEE. 52,975
(b) RECEIPTS FROM THE LEASE OR RENTAL OF TRANSPORTATION 52,977
PROPERTY OWNED BY THE TAXPAYER ARE INCLUDED IN THE NUMERATOR OF 52,978
THE SALES FACTOR TO THE EXTENT THAT THE PROPERTY IS USED IN THIS 52,979
STATE. THE EXTENT AN AIRCRAFT WILL BE DEEMED TO BE USED IN THIS 52,980
STATE AND THE AMOUNT OF RECEIPTS THAT IS TO BE INCLUDED IN THE 52,981
NUMERATOR OF THIS STATE'S SALES FACTOR IS DETERMINED BY 52,982
MULTIPLYING ALL THE RECEIPTS FROM THE LEASE OR RENTAL OF THE 52,983
AIRCRAFT BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF 52,984
LANDINGS OF THE AIRCRAFT IN THIS STATE AND THE DENOMINATOR OF 52,985
WHICH IS THE TOTAL NUMBER OF LANDINGS OF THE AIRCRAFT. IF THE 52,986
EXTENT OF THE USE OF ANY TRANSPORTATION PROPERTY WITHIN THIS 52,987
STATE CANNOT BE DETERMINED, THEN THE PROPERTY WILL BE DEEMED TO 52,988
BE USED WHOLLY IN THE STATE IN WHICH THE PROPERTY HAS ITS 52,989
PRINCIPAL BASE OF OPERATIONS. A MOTOR VEHICLE WILL BE DEEMED TO 52,990
BE USED WHOLLY IN THE STATE IN WHICH IT IS REGISTERED. 52,991
(4)(a) THE NUMERATOR OF THE SALES FACTOR INCLUDES INTEREST 52,993
AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM LOANS 52,994
SECURED BY REAL PROPERTY IF THE PROPERTY IS LOCATED WITHIN THIS 52,995
STATE. IF THE PROPERTY IS LOCATED BOTH WITHIN THIS STATE AND ONE 52,996
OR MORE OTHER STATES, THE RECEIPTS DESCRIBED IN THIS PARAGRAPH 52,997
ARE INCLUDED IN THE NUMERATOR OF THE SALES FACTOR IF MORE THAN 52,998
FIFTY PER CENT OF THE FAIR MARKET VALUE OF THE REAL PROPERTY IS 52,999
LOCATED WITHIN THIS STATE. IF MORE THAN FIFTY PER CENT OF THE 53,000
FAIR MARKET VALUE OF THE REAL PROPERTY IS NOT LOCATED WITHIN ANY 53,001
ONE STATE, THEN THE RECEIPTS DESCRIBED IN THIS PARAGRAPH SHALL BE 53,002
INCLUDED IN THE NUMERATOR OF THE SALES FACTOR IF THE BORROWER IS 53,003
LOCATED IN THIS STATE. 53,004
(b) THE DETERMINATION OF WHETHER THE REAL PROPERTY 53,006
1194
SECURING A LOAN IS LOCATED WITHIN THIS STATE SHALL BE MADE AS OF 53,007
THE TIME THE ORIGINAL AGREEMENT WAS MADE AND ANY AND ALL 53,008
SUBSEQUENT SUBSTITUTIONS OF COLLATERAL SHALL BE DISREGARDED. 53,009
(5) THE NUMERATOR OF THE SALES FACTOR INCLUDES INTEREST 53,011
AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM LOANS NOT 53,012
SECURED BY REAL PROPERTY IF THE BORROWER IS LOCATED IN THIS 53,013
STATE. 53,014
(6) THE NUMERATOR OF THE SALES FACTOR INCLUDES NET GAINS 53,016
FROM THE SALE OF LOANS. NET GAINS FROM THE SALE OF LOANS 53,017
INCLUDES INCOME RECORDED UNDER THE COUPON STRIPPING RULES OF 53,018
SECTION 1286 OF THE INTERNAL REVENUE CODE. 53,019
(a) THE AMOUNT OF NET GAINS, BUT NOT LESS THAN ZERO, FROM 53,021
THE SALE OF LOANS SECURED BY REAL PROPERTY INCLUDED IN THE 53,022
NUMERATOR IS DETERMINED BY MULTIPLYING SUCH NET GAINS BY A 53,023
FRACTION THE NUMERATOR OF WHICH IS THE AMOUNT INCLUDED IN THE 53,024
NUMERATOR OF THE SALES FACTOR PURSUANT TO DIVISION (F)(4) OF THIS 53,025
SECTION AND THE DENOMINATOR OF WHICH IS THE TOTAL AMOUNT OF 53,026
INTEREST AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM 53,027
LOANS SECURED BY REAL PROPERTY. 53,028
(b) THE AMOUNT OF NET GAINS, BUT NOT LESS THAN ZERO, FROM 53,030
THE SALE OF LOANS NOT SECURED BY REAL PROPERTY INCLUDED IN THE 53,031
NUMERATOR IS DETERMINED BY MULTIPLYING SUCH NET GAINS BY A 53,032
FRACTION THE NUMERATOR OF WHICH IS THE AMOUNT INCLUDED IN THE 53,033
NUMERATOR OF THE SALES FACTOR PURSUANT TO DIVISION (F)(5) OF THIS 53,034
SECTION AND THE DENOMINATOR OF WHICH IS THE TOTAL AMOUNT OF 53,035
INTEREST AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM 53,036
LOANS NOT SECURED BY REAL PROPERTY. 53,037
(7) THE NUMERATOR OF THE SALES FACTOR INCLUDES INTEREST 53,039
AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM CREDIT CARD 53,040
RECEIVABLES AND RECEIPTS FROM FEES CHARGED TO CARD HOLDERS, SUCH 53,041
AS ANNUAL FEES, IF THE BILLING ADDRESS OF THE CARD HOLDER IS IN 53,042
THIS STATE. 53,043
(8) THE NUMERATOR OF THE SALES FACTOR INCLUDES NET GAINS, 53,045
BUT NOT LESS THAN ZERO, FROM THE SALE OF CREDIT CARD RECEIVABLES 53,046
1195
MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE AMOUNT 53,047
INCLUDED IN THE NUMERATOR OF THE SALES FACTOR PURSUANT TO 53,048
DIVISION (F)(7) OF THIS SECTION AND THE DENOMINATOR OF WHICH IS 53,049
THE TAXPAYER'S TOTAL AMOUNT OF INTEREST AND FEES OR PENALTIES IN 53,050
THE NATURE OF INTEREST FROM CREDIT CARD RECEIVABLES AND FEES 53,051
CHARGED TO CARD HOLDERS. 53,052
(9) THE NUMERATOR OF THE SALES FACTOR INCLUDES ALL CREDIT 53,054
CARD ISSUER'S REIMBURSEMENT FEES MULTIPLIED BY A FRACTION, THE 53,055
NUMERATOR OF WHICH IS THE AMOUNT INCLUDED IN THE NUMERATOR OF THE 53,057
SALES FACTOR PURSUANT TO DIVISION (F)(7) OF THIS SECTION AND THE 53,058
DENOMINATOR OF WHICH IS THE TAXPAYER'S TOTAL AMOUNT OF INTEREST 53,059
AND FEES OR PENALTIES IN THE NATURE OF INTEREST FROM CREDIT CARD 53,060
RECEIVABLES AND FEES CHARGED TO CARD HOLDERS.
(10) THE NUMERATOR OF THE SALES FACTOR INCLUDES RECEIPTS 53,062
FROM MERCHANT DISCOUNT IF THE COMMERCIAL DOMICILE OF THE MERCHANT 53,063
IS IN THIS STATE. SUCH RECEIPTS SHALL BE COMPUTED NET OF ANY 53,064
CARD HOLDER CHARGE BACKS, BUT SHALL NOT BE REDUCED BY ANY 53,065
INTERCHANGE TRANSACTION FEES OR BY ANY ISSUER'S REIMBURSEMENT 53,066
FEES PAID TO ANOTHER FOR CHARGES MADE BY ITS CARD HOLDERS. 53,067
(11)(a)(i) THE NUMERATOR OF THE SALES FACTOR INCLUDES LOAN 53,069
SERVICING FEES DERIVED FROM LOANS SECURED BY REAL PROPERTY 53,070
MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS THE AMOUNT 53,071
INCLUDED IN THE NUMERATOR OF THE SALES FACTOR PURSUANT TO 53,072
DIVISION (F)(4) OF THIS SECTION AND THE DENOMINATOR OF WHICH IS 53,073
THE TOTAL AMOUNT OF INTEREST AND FEES OR PENALTIES IN THE NATURE 53,074
OF INTEREST FROM LOANS SECURED BY REAL PROPERTY. 53,075
(ii) THE NUMERATOR OF THE SALES FACTOR INCLUDES LOAN 53,077
SERVICING FEES DERIVED FROM LOANS NOT SECURED BY REAL PROPERTY 53,078
MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS THE AMOUNT 53,079
INCLUDED IN THE NUMERATOR OF THE SALES FACTOR PURSUANT TO 53,080
DIVISION (F)(5) OF THIS SECTION AND THE DENOMINATOR OF WHICH IS 53,081
THE TOTAL AMOUNT OF INTEREST AND FEES OR PENALTIES IN THE NATURE 53,082
OF INTEREST FROM LOANS NOT SECURED BY REAL PROPERTY. 53,083
(b) IN CIRCUMSTANCES IN WHICH THE TAXPAYER RECEIVES LOAN 53,085
1196
SERVICING FEES FOR SERVICING EITHER THE SECURED OR THE UNSECURED 53,086
LOANS OF ANOTHER, THE NUMERATOR OF THE SALES FACTOR SHALL INCLUDE 53,088
SUCH FEES IF THE BORROWER IS LOCATED IN THIS STATE.
(12) THE NUMERATOR OF THE SALES FACTOR INCLUDES RECEIPTS 53,090
FROM SERVICES NOT OTHERWISE APPORTIONED UNDER THIS SECTION IF THE 53,091
SERVICE IS PERFORMED IN THIS STATE. IF THE SERVICE IS PERFORMED 53,092
BOTH WITHIN AND WITHOUT THIS STATE, THE NUMERATOR OF THE SALES 53,093
FACTOR INCLUDES RECEIPTS FROM SERVICES NOT OTHERWISE APPORTIONED 53,094
UNDER THIS SECTION, IF A GREATER PROPORTION OF THE INCOME 53,095
PRODUCING ACTIVITY IS PERFORMED IN THIS STATE BASED ON COST OF 53,096
PERFORMANCE. 53,097
(13)(a) INTEREST, DIVIDENDS, NET GAINS, BUT NOT LESS THAN 53,099
ZERO, AND OTHER INCOME FROM INVESTMENT ASSETS AND ACTIVITIES AND 53,100
FROM TRADING ASSETS AND ACTIVITIES SHALL BE INCLUDED IN THE SALES 53,101
FACTOR. INVESTMENT ASSETS AND ACTIVITIES AND TRADING ASSETS AND 53,102
ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO: INVESTMENT SECURITIES; 53,104
TRADING ACCOUNT ASSETS; FEDERAL FUNDS; SECURITIES PURCHASED AND 53,105
SOLD UNDER AGREEMENTS TO RESELL OR REPURCHASE; OPTIONS; FUTURES 53,106
CONTRACTS; FORWARD CONTRACTS; NOTIONAL PRINCIPAL CONTRACTS SUCH 53,107
AS SWAPS; EQUITIES; AND FOREIGN CURRENCY TRANSACTIONS. WITH 53,108
RESPECT TO THE INVESTMENT AND TRADING ASSETS AND ACTIVITIES 53,109
DESCRIBED IN DIVISIONS (F)(13)(a)(i) AND (ii) OF THIS SECTION, 53,111
THE SALES FACTOR SHALL INCLUDE THE AMOUNTS DESCRIBED IN SUCH 53,112
DIVISIONS.
(i) THE SALES FACTOR SHALL INCLUDE THE AMOUNT BY WHICH 53,114
INTEREST FROM FEDERAL FUNDS SOLD AND SECURITIES PURCHASED UNDER 53,115
RESALE AGREEMENTS EXCEEDS INTEREST EXPENSE ON FEDERAL FUNDS 53,116
PURCHASED AND SECURITIES SOLD UNDER REPURCHASE AGREEMENTS. 53,117
(ii) THE SALES FACTOR SHALL INCLUDE THE AMOUNT BY WHICH 53,119
INTEREST, DIVIDENDS, GAINS, AND OTHER INCOME FROM TRADING ASSETS 53,120
AND ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ASSETS AND 53,121
ACTIVITIES IN THE MATCHED BOOK, IN THE ARBITRAGE BOOK, AND 53,122
FOREIGN CURRENCY TRANSACTIONS, EXCEED AMOUNTS PAID IN LIEU OF 53,123
INTEREST, AMOUNTS PAID IN LIEU OF DIVIDENDS, AND LOSSES FROM SUCH 53,125
1197
ASSETS AND ACTIVITIES.
(b) THE NUMERATOR OF THE SALES FACTOR INCLUDES INTEREST, 53,127
DIVIDENDS, NET GAINS, BUT NOT LESS THAN ZERO, AND OTHER INCOME 53,128
FROM INVESTMENT ASSETS AND ACTIVITIES AND FROM TRADING ASSETS AND 53,130
ACTIVITIES DESCRIBED IN DIVISION (F)(13)(a) OF THIS SECTION THAT 53,132
ARE ATTRIBUTABLE TO THIS STATE.
(i) THE AMOUNT OF INTEREST, OTHER THAN INTEREST DESCRIBED 53,134
IN DIVISION (F)(13)(b)(iv) OF THIS SECTION, DIVIDENDS, OTHER THAN 53,136
DIVIDENDS DESCRIBED IN THAT DIVISION, NET GAINS, BUT NOT LESS 53,138
THAN ZERO, AND OTHER INCOME FROM INVESTMENT ASSETS AND ACTIVITIES 53,139
IN THE INVESTMENT ACCOUNT TO BE ATTRIBUTED TO THIS STATE AND 53,140
INCLUDED IN THE NUMERATOR IS DETERMINED BY MULTIPLYING ALL SUCH 53,141
INCOME FROM SUCH ASSETS AND ACTIVITIES BY A FRACTION, THE 53,142
NUMERATOR OF WHICH IS THE AVERAGE VALUE OF SUCH ASSETS WHICH ARE 53,143
PROPERLY ASSIGNED TO A REGULAR PLACE OF BUSINESS OF THE TAXPAYER 53,144
WITHIN THIS STATE AND THE DENOMINATOR OF WHICH IS THE AVERAGE 53,145
VALUE OF ALL SUCH ASSETS.
(ii) THE AMOUNT OF INTEREST FROM FEDERAL FUNDS SOLD AND 53,147
PURCHASED AND FROM SECURITIES PURCHASED UNDER RESALE AGREEMENTS 53,148
AND SECURITIES SOLD UNDER REPURCHASE AGREEMENTS ATTRIBUTABLE TO 53,149
THIS STATE AND INCLUDED IN THE NUMERATOR IS DETERMINED BY 53,150
MULTIPLYING THE AMOUNT DESCRIBED IN DIVISION (F)(13)(a)(i) OF 53,152
THIS SECTION FROM SUCH FUNDS AND SUCH SECURITIES BY A FRACTION, 53,154
THE NUMERATOR OF WHICH IS THE AVERAGE VALUE OF FEDERAL FUNDS SOLD 53,155
AND SECURITIES PURCHASED UNDER AGREEMENTS TO RESELL WHICH ARE 53,156
PROPERLY ASSIGNED TO A REGULAR PLACE OF BUSINESS OF THE TAXPAYER 53,157
WITHIN THIS STATE AND THE DENOMINATOR OF WHICH IS THE AVERAGE 53,158
VALUE OF ALL SUCH FUNDS AND SUCH SECURITIES. 53,159
(iii) THE AMOUNT OF INTEREST, DIVIDENDS, GAINS, AND OTHER 53,161
INCOME FROM TRADING ASSETS AND ACTIVITIES, INCLUDING BUT NOT 53,162
LIMITED TO ASSETS AND ACTIVITIES IN THE MATCHED BOOK, IN THE 53,163
ARBITRAGE BOOK, AND FOREIGN CURRENCY TRANSACTION, BUT EXCLUDING 53,164
AMOUNTS DESCRIBED IN DIVISION (F)(13)(b)(i) OR (ii) OF THIS 53,166
SECTION, ATTRIBUTABLE TO THIS STATE AND INCLUDED IN THE NUMERATOR 53,167
1198
IS DETERMINED BY MULTIPLYING THE AMOUNT DESCRIBED IN DIVISION 53,169
(F)(13)(a)(ii) OF THIS SECTION BY A FRACTION, THE NUMERATOR OF 53,171
WHICH IS THE AVERAGE VALUE OF SUCH TRADING ASSETS WHICH ARE 53,172
PROPERLY ASSIGNED TO A REGULAR PLACE OF BUSINESS OF THE TAXPAYER 53,173
WITHIN THIS STATE AND THE DENOMINATOR OF WHICH IS THE AVERAGE 53,174
VALUE OF ALL SUCH ASSETS.
(iv) THE AMOUNT OF DIVIDENDS RECEIVED ON THE CAPITAL STOCK 53,176
OF, AND THE AMOUNT OF INTEREST RECEIVED FROM LOANS AND ADVANCES 53,177
TO, SUBSIDIARY CORPORATIONS AT LEAST FIFTY-ONE PER CENT OF WHOSE 53,178
COMMON STOCK IS OWNED BY THE REPORTING FINANCIAL INSTITUTION 53,179
SHALL BE ALLOCATED IN AND OUT OF THIS STATE BY THE APPLICATION OF 53,181
A RATIO WHOSE NUMERATOR IS THE SUM OF THE NET BOOK VALUE OF THE
PAYOR'S REAL PROPERTY OWNED IN THIS STATE AND THE PAYOR'S 53,182
TANGIBLE PERSONAL PROPERTY OWNED IN THIS STATE AND WHOSE 53,183
DENOMINATOR IS THE SUM OF THE NET BOOK VALUE OF THE PAYOR'S REAL 53,184
PROPERTY OWNED WHEREVER LOCATED AND THE PAYOR'S TANGIBLE PERSONAL 53,186
PROPERTY OWNED WHEREVER LOCATED. FOR PURPOSES OF CALCULATING 53,187
THIS RATIO, THE TAXPAYER SHALL DETERMINE NET BOOK VALUE IN 53,188
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 53,189
(v) FOR PURPOSES OF THIS DIVISION, AVERAGE VALUE SHALL BE 53,191
DETERMINED USING THE RULES FOR DETERMINING THE AVERAGE VALUE OF 53,192
TANGIBLE PERSONAL PROPERTY SET FORTH IN DIVISION (D)(2) AND (3) 53,193
OF THIS SECTION. 53,194
(c) IN LIEU OF USING THE METHOD SET FORTH IN DIVISION 53,197
(F)(13)(b) OF THIS SECTION, THE TAXPAYER MAY ELECT, OR THE TAX 53,198
COMMISSIONER MAY REQUIRE IN ORDER TO FAIRLY REPRESENT THE 53,199
BUSINESS ACTIVITY OF THE TAXPAYER IN THIS STATE, THE USE OF THE 53,200
METHOD SET FORTH IN DIVISION (F)(13)(c) OF THIS SECTION. 53,201
(i) THE AMOUNT OF INTEREST, OTHER THAN INTEREST DESCRIBED 53,203
IN DIVISION (F)(13)(b)(iv) OF THIS SECTION, DIVIDENDS, OTHER THAN 53,205
DIVIDENDS DESCRIBED IN THAT DIVISION, NET GAINS, BUT NOT LESS 53,207
THAN ZERO, AND OTHER INCOME FROM INVESTMENT ASSETS AND ACTIVITIES 53,208
IN THE INVESTMENT ACCOUNT TO BE ATTRIBUTED TO THIS STATE AND 53,209
INCLUDED IN THE NUMERATOR IS DETERMINED BY MULTIPLYING ALL SUCH 53,210
1199
INCOME FROM SUCH ASSETS AND ACTIVITIES BY A FRACTION, THE 53,211
NUMERATOR OF WHICH IS THE GROSS INCOME FROM SUCH ASSETS AND 53,212
ACTIVITIES WHICH ARE PROPERLY ASSIGNED TO A REGULAR PLACE OF 53,213
BUSINESS OF THE TAXPAYER WITHIN THIS STATE, AND THE DENOMINATOR 53,214
OF WHICH IS THE GROSS INCOME FROM ALL SUCH ASSETS AND ACTIVITIES. 53,215
(ii) THE AMOUNT OF INTEREST FROM FEDERAL FUNDS SOLD AND 53,217
PURCHASED AND FROM SECURITIES PURCHASED UNDER RESALE AGREEMENTS 53,218
AND SECURITIES SOLD UNDER REPURCHASE AGREEMENTS ATTRIBUTABLE TO 53,219
THIS STATE AND INCLUDED IN THE NUMERATOR IS DETERMINED BY 53,220
MULTIPLYING THE AMOUNT DESCRIBED IN DIVISION (F)(13)(a)(i) OF 53,222
THIS SECTION FROM SUCH FUNDS AND SUCH SECURITIES BY A FRACTION, 53,224
THE NUMERATOR OF WHICH IS THE GROSS INCOME FROM SUCH FUNDS AND 53,225
SUCH SECURITIES WHICH ARE PROPERLY ASSIGNED TO A REGULAR PLACE OF 53,226
BUSINESS OF THE TAXPAYER WITHIN THIS STATE AND THE DENOMINATOR OF 53,227
WHICH IS THE GROSS INCOME FROM ALL SUCH FUNDS AND SUCH 53,228
SECURITIES.
(iii) THE AMOUNT OF INTEREST, DIVIDENDS, GAINS, AND OTHER 53,230
INCOME FROM TRADING ASSETS AND ACTIVITIES, INCLUDING, BUT NOT 53,231
LIMITED TO, ASSETS AND ACTIVITIES IN THE MATCHED BOOK, IN THE 53,232
ARBITRAGE BOOK, AND FOREIGN CURRENCY TRANSACTIONS, BUT EXCLUDING 53,233
AMOUNTS DESCRIBED IN DIVISION (F)(13)(a)(i) OR (ii) OF THIS 53,235
SECTION, ATTRIBUTABLE TO THIS STATE AND INCLUDED IN THE 53,236
NUMERATOR, IS DETERMINED BY MULTIPLYING THE AMOUNT DESCRIBED IN 53,237
DIVISION (F)(13)(a)(ii) OF THIS SECTION BY A FRACTION, THE 53,238
NUMERATOR OF WHICH IS THE GROSS INCOME FROM SUCH TRADING ASSETS 53,239
AND ACTIVITIES WHICH ARE PROPERLY ASSIGNED TO A REGULAR PLACE OF 53,240
BUSINESS OF THE TAXPAYER WITHIN THIS STATE AND THE DENOMINATOR OF 53,242
WHICH IS THE GROSS INCOME FROM ALL SUCH ASSETS AND ACTIVITIES. 53,243
(iv) THE AMOUNT OF DIVIDENDS RECEIVED ON THE CAPITAL STOCK 53,245
OF, AND THE AMOUNT OF INTEREST RECEIVED FROM LOANS AND ADVANCES 53,246
TO, SUBSIDIARY CORPORATIONS AT LEAST FIFTY-ONE PER CENT OF WHOSE 53,247
COMMON STOCK IS OWNED BY THE REPORTING FINANCIAL INSTITUTION 53,248
SHALL BE ALLOCATED IN AND OUT OF THIS STATE BY THE APPLICATION OF 53,250
A RATIO WHOSE NUMERATOR IS THE SUM OF THE NET BOOK VALUE OF THE 53,251
1200
PAYOR'S REAL PROPERTY OWNED IN THIS STATE AND THE PAYOR'S
TANGIBLE PERSONAL PROPERTY OWNED IN THIS STATE AND WHOSE 53,252
DENOMINATOR IS THE SUM OF THE PAYOR'S REAL PROPERTY OWNED 53,253
WHEREVER LOCATED AND THE PAYOR'S TANGIBLE PERSONAL PROPERTY OWNED 53,255
WHEREVER LOCATED. FOR PURPOSES OF CALCULATING THIS RATIO, THE 53,256
TAXPAYER SHALL DETERMINE NET BOOK VALUE IN ACCORDANCE WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. 53,257
(d) IF THE TAXPAYER ELECTS OR IS REQUIRED BY THE TAX 53,259
COMMISSIONER TO USE THE METHOD SET FORTH IN DIVISION (F)(13)(c) 53,261
OF THIS SECTION, IT SHALL USE THIS METHOD ON ALL SUBSEQUENT 53,262
RETURNS UNLESS THE TAXPAYER RECEIVES PRIOR PERMISSION FROM THE 53,263
TAX COMMISSIONER TO USE OR THE TAX COMMISSIONER REQUIRES A 53,264
DIFFERENT METHOD. 53,265
(e) THE TAXPAYER SHALL HAVE THE BURDEN OF PROVING THAT AN 53,267
INVESTMENT ASSET OR ACTIVITY OR TRADING ASSET OR ACTIVITY WAS 53,268
PROPERLY ASSIGNED TO A REGULAR PLACE OF BUSINESS OUTSIDE OF THIS 53,269
STATE BY DEMONSTRATING THAT THE DAY-TO-DAY DECISIONS REGARDING 53,270
THE ASSET OR ACTIVITY OCCURRED AT A REGULAR PLACE OF BUSINESS 53,271
OUTSIDE THIS STATE. WHERE THE DAY-TO-DAY DECISIONS REGARDING AN 53,272
INVESTMENT ASSET OR ACTIVITY OR TRADING ASSET OR ACTIVITY OCCUR 53,273
AT MORE THAN ONE REGULAR PLACE OF BUSINESS AND ONE SUCH REGULAR 53,274
PLACE OF BUSINESS IS IN THIS STATE AND ONE SUCH REGULAR PLACE OF 53,275
BUSINESS IS OUTSIDE THIS STATE SUCH ASSET OR ACTIVITY SHALL BE 53,276
CONSIDERED TO BE LOCATED AT THE REGULAR PLACE OF BUSINESS OF THE 53,277
TAXPAYER WHERE THE INVESTMENT OR TRADING POLICIES OR GUIDELINES 53,278
WITH RESPECT TO THE ASSET OR ACTIVITY ARE ESTABLISHED. UNLESS 53,279
THE TAXPAYER DEMONSTRATES TO THE CONTRARY, SUCH POLICIES AND 53,280
GUIDELINES SHALL BE PRESUMED TO BE ESTABLISHED AT THE COMMERCIAL 53,281
DOMICILE OF THE TAXPAYER. 53,282
(14) THE NUMERATOR OF THE SALES FACTOR INCLUDES ALL OTHER 53,284
RECEIPTS IF EITHER: 53,285
(a) THE INCOME-PRODUCING ACTIVITY IS PERFORMED SOLELY IN 53,287
THIS STATE; OR 53,288
(b) THE INCOME-PRODUCING ACTIVITY IS PERFORMED BOTH WITHIN 53,290
1201
AND WITHOUT THIS STATE AND A GREATER PROPORTION OF THE 53,291
INCOME-PRODUCING ACTIVITY IS PERFORMED WITHIN THIS STATE THAN IN 53,293
ANY OTHER STATE, BASED ON COSTS OF PERFORMANCE.
(G) A QUALIFIED INSTITUTION MAY CALCULATE THE BASE UPON 53,295
WHICH THE FEE PROVIDED FOR IN SECTION 5733.06 (D) OF THE REVISED 53,296
CODE IS DETERMINED FOR EACH OF THE TAX YEARS 1998, 1999, 2000, 53,297
AND 2001 BY MULTIPLYING THE VALUE OF ITS ISSUED AND OUTSTANDING 53,298
SHARES OF STOCK DETERMINED UNDER DIVISION (B) OF THIS SECTION BY 53,299
A SINGLE DEPOSITS FRACTION WHOSE NUMERATOR IS THE DEPOSITS 53,300
ASSIGNED TO BRANCHES IN THIS STATE AND WHOSE DENOMINATOR IS THE 53,301
DEPOSITS ASSIGNED TO BRANCHES EVERYWHERE. DEPOSITS SHALL BE 53,302
ASSIGNED TO BRANCHES IN THE SAME MANNER IN WHICH THE ASSIGNMENT 53,303
IS MADE FOR REGULATORY PURPOSES. IF THE BASE CALCULATED UNDER 53,304
THIS DIVISION IS LESS THAN THE BASE CALCULATED UNDER DIVISION (C) 53,306
OF THIS SECTION, THEN THE QUALIFYING INSTITUTION MAY ELECT TO 53,307
SUBSTITUTE THE BASE CALCULATED UNDER THIS DIVISION FOR THE BASE 53,308
CALCULATED UNDER DIVISION (C) OF THIS SECTION. SUCH ELECTION MAY 53,309
BE MADE ANNUALLY FOR EACH OF THE TAX YEARS 1998, 1999, 2000, AND 53,310
2001 ON THE CORPORATE REPORT. THE ELECTION NEED NOT ACCOMPANY 53,311
THE REPORT; RATHER, THE ELECTION MAY ACCOMPANY A SUBSEQUENTLY 53,312
FILED BUT TIMELY APPLICATION FOR REFUND, A SUBSEQUENTLY FILED BUT 53,313
TIMELY AMENDED REPORT, OR A SUBSEQUENTLY FILED BUT TIMELY 53,314
PETITION FOR REASSESSMENT. THE ELECTION IS NOT IRREVOCABLE AND 53,315
IT APPLIES ONLY TO THE SPECIFIED TAX YEAR. NOTHING IN THIS 53,316
DIVISION SHALL BE CONSTRUED TO EXTEND ANY STATUTE OF LIMITATIONS 53,317
SET FORTH IN THIS CHAPTER 53,318
(H) IF THE APPORTIONMENT PROVISIONS OF THIS SECTION DO NOT 53,320
FAIRLY REPRESENT THE EXTENT OF THE TAXPAYER'S BUSINESS ACTIVITY 53,321
IN THIS STATE, THE TAXPAYER MAY PETITION FOR OR THE TAX 53,322
COMMISSIONER MAY REQUIRE, IN RESPECT TO ALL OR ANY PART OF THE 53,323
TAXPAYER'S BUSINESS ACTIVITY, IF REASONABLE: 53,324
(1) SEPARATE ACCOUNTING; 53,326
(2) THE EXCLUSION OF ANY ONE OR MORE OF THE FACTORS; 53,328
(3) THE INCLUSION OF ONE OR MORE ADDITIONAL FACTORS WHICH 53,330
1202
WILL FAIRLY REPRESENT THE TAXPAYER'S BUSINESS ACTIVITY IN THIS 53,331
STATE; OR 53,332
(4) THE EMPLOYMENT OF ANY OTHER METHOD TO EFFECTUATE AN 53,334
EQUITABLE ALLOCATION AND APPORTIONMENT OF THE TAXPAYER'S VALUE. 53,335
Sec. 5733.057. IN MAKING ANY COMPUTATION UNDER SECTIONS 53,338
5733.042, 5733.05, 5733.051, 5733.052, AND 5733.053 OF THE 53,340
REVISED CODE, A CORPORATION SHALL INCLUDE IN ITS ITEMS OF 53,341
ALLOCABLE INCOME OR LOSS, APPORTIONABLE INCOME OR LOSS, PROPERTY, 53,342
COMPENSATION, AND SALES, THE CORPORATION'S ENTIRE DISTRIBUTIVE 53,343
SHARE OR PROPORTIONATE SHARE OF THE ITEMS OF ALLOCABLE INCOME OR 53,344
LOSS, APPORTIONABLE INCOME OR LOSS, PROPERTY, COMPENSATION, AND 53,345
SALES OF ANY PASS-THROUGH ENTITY IN WHICH THE CORPORATION HAS A 53,346
DIRECT OR INDIRECT OWNERSHIP INTEREST AT ANY TIME DURING THE
CORPORATION'S TAXABLE YEAR. A PASS-THROUGH ENTITY'S DIRECT OR 53,348
INDIRECT DISTRIBUTIVE SHARE OR PROPORTIONATE SHARE OF ANY OTHER 53,349
PASS-THROUGH ENTITY'S ITEMS OF ALLOCABLE INCOME OR LOSS, 53,350
APPORTIONABLE INCOME OR LOSS, PROPERTY, COMPENSATION, AND SALES 53,351
SHALL BE INCLUDED FOR THE PURPOSES OF COMPUTING THE CORPORATION'S 53,352
DISTRIBUTIVE SHARE OR PROPORTIONATE SHARE OF THE PASS-THROUGH
ENTITY'S ITEMS OF ALLOCABLE INCOME OR LOSS, APPORTIONABLE INCOME 53,354
OR LOSS, PROPERTY, COMPENSATION, AND SALES UNDER THIS SECTION. 53,355
THOSE ITEMS SHALL BE IN THE SAME FORM AS WAS RECOGNIZED BY THE
PASS-THROUGH ENTITY. 53,356
Sec. 5733.058. (A) AS USED IN THIS SECTION: 53,358
(1) "AIRCRAFT" HAS THE SAME MEANING AS IN 49 U.S.C. 40102, 53,361
AS NOW OR HEREAFTER AMENDED.
(2) "AIRCRAFT READY FOR FLIGHT" MEANS AIRCRAFT IN THE 53,363
POSSESSION OF THE AIRLINE THAT ARE EITHER OWNED OR RENTED, AND 53,364
USED BY THE AIRLINE, AND DOES NOT INCLUDE AIRCRAFT ACQUIRED 53,365
THROUGH EXCHANGE.
(3) "AIRLINE" INCLUDES, BUT IS NOT LIMITED TO, ANY OR ALL 53,367
OF THE FOLLOWING TERMS AS USED IN 49 U.S.C. 40102, AS NOW OR 53,368
HEREAFTER AMENDED: 53,369
(a) AIR CARRIERS; 53,371
1203
(b) CHARTER AIR CARRIERS; 53,373
(c) CORPORATIONS CONDUCTING ANY OR ALL OF THE FOLLOWING 53,375
ACTIVITIES: 53,376
(i) AIR COMMERCE; 53,378
(ii) ALL-CARGO AIR TRANSPORTATION; 53,380
(iii) CHARTER AIR TRANSPORTATION; 53,382
(iv) INTERSTATE AIR TRANSPORTATION; 53,384
(v) OVERSEAS AIR TRANSPORTATION; 53,386
(vi) FOREIGN AIR TRANSPORTATION; 53,388
(vii) INTRASTATE AIR TRANSPORTATION. 53,390
(d) FOREIGN AIR CARRIERS. 53,392
"AIRLINE" ALSO INCLUDES ANY CORPORATION THAT LEASES, RENTS, 53,394
SUBLEASES, OR SUBRENTS AIRCRAFT TO OTHER PERSONS. 53,395
(4) "AIRMILES" MEANS "MILES, REVENUE AIRCRAFT" AS DEFINED 53,397
IN THE UNITED STATES DEPARTMENT OF TRANSPORTATION'S "UNIFORM 53,399
SYSTEM OF ACCOUNTS AND REPORTS FOR LARGE CERTIFICATED AIR 53,400
CARRIERS," 14 C.F.R. PART 241. 53,401
(5) "AIRMILES IN THIS STATE" MEANS THE NUMBER OF MILES 53,403
COMPUTED FROM WHERE AN AIRCRAFT LEAVES A LANDING AREA, TERMINAL, 53,404
AIRPORT, OR HELIPORT IN THIS STATE TO THE POINT WHERE IT CROSSES 53,405
THE BORDER OF THIS STATE AND THE NUMBER OF MILES COMPUTED FROM 53,406
WHERE AN AIRCRAFT CROSSES THE BORDER OF THIS STATE TO THE POINT 53,407
WHERE IT COMES TO REST AT A LANDING AREA, TERMINAL, AIRPORT, OR
HELIPORT IN THIS STATE. "AIRMILES IN THIS STATE" DOES NOT 53,408
INCLUDE ANY MILES FOR ANY FLIGHT SEGMENT WHERE AN AIRCRAFT 53,410
NEITHER LANDS NOR TAKES OFF IN THIS STATE.
(6) "ARRIVALS AND DEPARTURES" MEANS THE NUMBER OF TIMES 53,412
THAT AN AIRCRAFT IN REVENUE SERVICE LANDS OR TAKES OFF AT A 53,413
LANDING AREA, TERMINAL, AIRPORT, OR HELIPORT. 53,414
(7) "ARRIVALS AND DEPARTURES IN THIS STATE" MEANS THE 53,416
NUMBER OF TIMES THAT AN AIRCRAFT IN REVENUE SERVICE LANDS OR 53,417
TAKES OFF AT A LANDING AREA, TERMINAL, AIRPORT, OR HELIPORT 53,418
LOCATED IN THIS STATE.
(8) "AVERAGE VALUE" OF PROPERTY MEANS THE AMOUNT 53,420
1204
DETERMINED BY AVERAGING THE VALUES AT THE BEGINNING AND ENDING OF 53,421
THE TAXABLE YEAR, BUT THE TAX COMMISSIONER MAY REQUIRE THE 53,422
AVERAGING OF MONTHLY VALUES DURING THE TAXABLE YEAR IF SUCH 53,423
AVERAGING IS NECESSARY TO REFLECT PROPERLY THE AVERAGE VALUE OF
THE AIRLINE'S PROPERTY. THE AVERAGE VALUE INCLUDES THE VALUE OF 53,424
RENTED REAL PROPERTY AND RENTED TANGIBLE PERSONAL PROPERTY. 53,425
(9) "FIXED-BASE PROPERTY" MEANS ALL REAL PROPERTY AND 53,427
TANGIBLE PERSONAL PROPERTY OWNED AND USED BY THE AIRLINE, OTHER 53,428
THAN AIRCRAFT READY FOR FLIGHT, AND INCLUDES ROTABLES, 53,429
EXPENDABLES, AND OTHER PARTS, INCLUDING PARTS FOR USE IN CONTRACT 53,430
OVERHAUL WORK; REAL PROPERTY RENTED AND USED BY THE AIRLINE; AND
TANGIBLE PERSONAL PROPERTY, OTHER THAN AIRCRAFT READY FOR FLIGHT, 53,431
RENTED AND USED BY THE AIRLINE. 53,432
(10) "FIXED-BASE PAYROLL" MEANS ALL OF THE AIRLINE'S 53,434
COMPENSATION, AS DEFINED IN DIVISION (B)(2)(b)(i) OF SECTION 53,435
5733.05 OF THE REVISED CODE, OTHER THAN COMPENSATION PAID TO 53,436
FLIGHT PERSONNEL.
(11) "FLIGHT PERSONNEL" MEANS ALL AIR CREW EMPLOYEES 53,438
ABOARD AN AIRCRAFT ENGAGING OR ASSISTING IN ANY OR ALL OR ANY 53,440
COMBINATION OF THE FOLLOWING:
(a) THE OPERATION OF THE AIRCRAFT WHILE IN THE AIR; 53,442
(b) THE WELFARE OR COMFORT OF THE PASSENGERS WHILE IN THE 53,444
AIR;
(c) THE MAINTENANCE OF THE FREIGHT WHILE IN THE AIR. 53,446
(12) "LANDING AREA" AND "AIRPORT" HAVE THE SAME MEANING AS 53,448
IN 49 U.S.C. 40102, AS NOW OR HEREAFTER AMENDED. 53,449
(13) "NET ANNUAL RENTAL RATE" MEANS THE ANNUAL RENTAL RATE 53,451
PAID BY THE AIRLINE LESS ANY ANNUAL RENTAL RATE RECEIVED BY THE 53,452
AIRLINE FROM SUBRENTALS. 53,453
(14) "REVENUE" INCLUDES ALL OF THE FOLLOWING: 53,455
(a) PASSENGER REVENUES EARNED BY AIRLINES FOR TRANSPORTING 53,457
PASSENGERS. PASSENGER REVENUES INCLUDE RELATED ITEMS OF INCOME 53,458
INCLUDING, BUT NOT LIMITED TO, FOOD, BEVERAGE, AND LIQUOR SALES 53,459
OCCURRING ABOARD AIRCRAFT READY FOR FLIGHT, PET CRATE RENTALS AND 53,460
1205
SALES, AND PASSENGER BAGGAGE CHARGES AND FEES. 53,461
(b) FREIGHT REVENUES EARNED BY AIRLINES FOR TRANSPORTING 53,463
FREIGHT. FREIGHT REVENUES INCLUDE RELATED ITEMS OF INCOME 53,465
INCLUDING, BUT NOT LIMITED TO, CHARGES, FEES, AND RECEIPTS 53,466
ATTRIBUTABLE TO EXPRESS FREIGHT, MAIL AND ALL-CARGO AIR 53,467
TRANSPORTATION, AND COURIER TRANSPORTATION REQUIRING OR UTILIZING 53,468
AIRCRAFT READY FOR FLIGHT.
(c) RENTAL REVENUES EARNED FROM LEASING OR RENTING OR 53,470
SUBLEASING OR SUBRENTING AIRCRAFT TO OTHERS FOR USE OR SUBRENTAL 53,471
BY THEM.
(15) "REVENUE SERVICE" MEANS THE USE OF AIRCRAFT READY FOR 53,473
FLIGHT FOR THE PRODUCTION OF REVENUE. 53,474
(16) "TYPE OF AIRCRAFT" MEANS A CATEGORY OF AIRCRAFT 53,476
DEFINED BY THE AIRCRAFT'S MANUFACTURER AND MODEL NUMBER. FOR 53,477
EXAMPLE, DC-9-30, MD-80, B-737-300, B-757, B-767-300, AND 53,479
B-767-300-ER ARE SIX SEPARATE TYPES OF AIRCRAFT. 53,480
(17) "VALUE" OF BOTH REAL PROPERTY OWNED AND USED BY THE 53,482
AIRLINE AND TANGIBLE PERSONAL PROPERTY OWNED AND USED BY THE 53,483
AIRLINE SHALL MEAN THE AIRLINE'S INITIAL FEDERAL TAX BASIS OF THE 53,484
PROPERTY PLUS THE AIRLINE'S INITIAL FEDERAL TAX BASIS OF CAPITAL 53,485
IMPROVEMENTS TO THE PROPERTY.
(18) "VALUE OF RENTED REAL PROPERTY AND RENTED TANGIBLE 53,487
PERSONAL PROPERTY" MEANS THE PRODUCT OF EIGHT TIMES THE NET 53,488
ANNUAL RENTAL RATE PAID BY THE AIRLINE. THE USE OF THE AIRLINE'S 53,489
OWNED OR RENTED AIRCRAFT IN AN EXCHANGE PROGRAM WITH ANOTHER AIR 53,490
CARRIER DOES NOT CONSTITUTE A RENTAL OR SUBRENTAL. SUCH AIRCRAFT 53,491
SHALL BE ACCOUNTED FOR IN THE PROPERTY FACTOR OF THE AIRLINE THAT 53,492
OWNS OR RENTS THE AIRCRAFT.
(B) FOR PURPOSES OF DETERMINING AN AIRLINE'S ALLOCATED AND 53,494
APPORTIONED VALUE PURSUANT TO DIVISION (B) OF SECTION 5733.05 OF 53,495
THE REVISED CODE, AN AIRLINE THAT HAS REVENUE DERIVED FROM THE 53,496
CARRIAGE OF PASSENGERS OR FREIGHT FROM SOURCES BOTH WITHIN AND 53,497
WITHOUT OHIO SHALL COMPLY WITH THE METHOD SET FORTH IN THIS 53,498
SECTION, EXCEPT TO THE EXTENT THAT AN ALTERNATE METHOD IS 53,499
1206
AUTHORIZED IN ACCORDANCE WITH DIVISION (B)(2)(d) OF SECTION 53,500
5733.05 OF THE REVISED CODE. INCOME SHALL FIRST BE CATEGORIZED 53,501
AS "ALLOCABLE" OR "APPORTIONABLE" INCOME IN ACCORDANCE WITH
SECTION 5733.051 OF THE REVISED CODE AND DIVISIONS (F) AND (G) OF 53,502
THIS SECTION. ALLOCABLE INCOME SHALL BE DIRECTLY ALLOCATED 53,503
WITHIN OR WITHOUT OHIO IN ACCORDANCE WITH SECTION 5733.051 OF THE 53,504
REVISED CODE AND DIVISIONS (F) AND (G) OF THIS SECTION. ALL 53,505
OTHER INCOME IS APPORTIONABLE INCOME AND SHALL BE APPORTIONED TO 53,507
OHIO BY MULTIPLYING SUCH INCOME BY THE APPORTIONMENT RATIO. THE 53,508
APPORTIONMENT RATIO SHALL BE DETERMINED BY DIVIDING BY FOUR THE 53,509
SUM OF THE PROPERTY FACTOR PLUS THE PAYROLL FACTOR PLUS TWO TIMES 53,510
THE SALES FACTOR, EACH AS DETERMINED UNDER DIVISIONS (C), (D), 53,511
AND (E) OF THIS SECTION. THE SUM OF THE INCOME ALLOCATED TO OHIO 53,513
PLUS THE INCOME APPORTIONED TO OHIO SHALL BE THE AIRLINE'S 53,514
ALLOCATED AND APPORTIONED VALUE UNDER DIVISION (B) OF SECTION 53,515
5733.05 OF THE REVISED CODE.
(C) AIRLINES SHALL DETERMINE THE PROPERTY FACTOR AS 53,517
FOLLOWS:
(1) THE DENOMINATOR SHALL BE DETERMINED IN ACCORDANCE WITH 53,519
DIVISION (B)(2)(a) OF SECTION 5733.05 OF THE REVISED CODE, EXCEPT 53,520
THAT THE TERMS "VALUE" AND "AVERAGE VALUE OF RENTED REAL PROPERTY 53,521
AND RENTED TANGIBLE PERSONAL PROPERTY" SHALL HAVE THE MEANINGS 53,522
SET FORTH IN DIVISION (A) OF THIS SECTION. 53,523
(2) THE NUMERATOR SHALL BE THE SUM OF THE AVERAGE VALUE IN 53,525
THIS STATE OF FIXED-BASE PROPERTY DURING THE TAXABLE YEAR AND THE 53,526
AVERAGE VALUE IN THIS STATE OF AIRCRAFT READY FOR FLIGHT, AS 53,527
DETERMINED IN DIVISION (C)(3) OF THIS SECTION. 53,528
(3) THE AVERAGE VALUE IN THIS STATE OF AIRCRAFT READY FOR 53,530
FLIGHT SHALL BE SIXTY PER CENT OF THE AMOUNT SPECIFIED IN 53,531
DIVISION (C)(3)(a) OF THIS SECTION PLUS FORTY PER CENT OF THE 53,532
AMOUNT SPECIFIED IN DIVISION (C)(3)(b) OF THIS SECTION. 53,534
(a) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,536
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE AVERAGE VALUE OF 53,537
THAT TYPE OF AIRCRAFT TIMES THE RATIO OF AIRMILES IN THIS STATE 53,538
1207
IN REVENUE SERVICE TO THE TOTAL AIRMILES IN REVENUE SERVICE FOR 53,539
THAT TYPE OF AIRCRAFT.
(b) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,541
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE AVERAGE VALUE OF 53,542
THAT TYPE OF AIRCRAFT TIMES THE RATIO OF THE ARRIVALS AND 53,543
DEPARTURES IN THIS STATE TO THE TOTAL ARRIVALS AND DEPARTURES 53,544
EVERYWHERE FOR THAT TYPE OF AIRCRAFT.
(D) AIRLINES SHALL DETERMINE THE PAYROLL FACTOR AS 53,546
FOLLOWS:
(1) THE DENOMINATOR SHALL BE DETERMINED IN ACCORDANCE WITH 53,548
DIVISION (B)(2)(b) OF SECTION 5733.05 OF THE REVISED CODE. 53,549
(2) THE NUMERATOR SHALL BE THE SUM OF: 53,551
(a) THE TOTAL AMOUNT IN THIS STATE OF FIXED-BASE PAYROLL 53,553
PAID DURING THE TAXABLE YEAR, AS DETERMINED BY DIVISION (B)(2)(b) 53,555
OF SECTION 5733.05 OF THE REVISED CODE; AND
(b) THE TOTAL AMOUNT IN THIS STATE OF PAYROLL PAID DURING 53,557
THE TAXABLE YEAR TO FLIGHT PERSONNEL, AS DETERMINED IN DIVISION 53,558
(D)(3) OF THIS SECTION. 53,559
(3) WITH RESPECT TO FLIGHT PERSONNEL, THE PORTION OF 53,561
COMPENSATION PAID TO SUCH EMPLOYEES THAT IS INCLUDED IN THE 53,562
NUMERATOR SHALL BE SIXTY PER CENT OF THE AMOUNT SPECIFIED IN 53,563
DIVISION (D)(3)(a) OF THIS SECTION PLUS FORTY PER CENT OF THE 53,564
AMOUNT SPECIFIED IN DIVISION (D)(3)(b) OF THIS SECTION. 53,565
(a) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,567
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE COMPENSATION PAID 53,568
TO FLIGHT PERSONNEL OF THAT TYPE OF AIRCRAFT TIMES THE RATIO OF 53,569
AIRMILES IN THIS STATE IN REVENUE SERVICE TO THE TOTAL AIRMILES 53,570
IN REVENUE SERVICE FOR THAT TYPE OF AIRCRAFT.
(b) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,572
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE COMPENSATION PAID 53,573
TO FLIGHT PERSONNEL OF THAT TYPE OF AIRCRAFT TIMES THE RATIO OF 53,574
THE ARRIVALS AND DEPARTURES IN THIS STATE TO THE TOTAL ARRIVALS 53,575
AND DEPARTURES EVERYWHERE FOR THAT TYPE OF AIRCRAFT. 53,576
(E) AIRLINES SHALL DETERMINE THE SALES FACTOR AS FOLLOWS: 53,578
1208
(1) THE DENOMINATOR SHALL BE DETERMINED IN ACCORDANCE WITH 53,580
DIVISION (B)(2)(c) OF SECTION 5733.05 OF THE REVISED CODE. 53,581
(2) THE NUMERATOR SHALL BE THE SUM OF: 53,583
(a) GROSS RECEIPTS IN THIS STATE FROM SALES, OTHER THAN 53,585
FROM PASSENGER REVENUE AND FREIGHT REVENUE, AS DETERMINED BY 53,586
DIVISION (B)(2)(c) OF SECTION 5733.05 OF THE REVISED CODE; AND 53,587
(b) GROSS RECEIPTS IN THIS STATE FROM PASSENGER REVENUE 53,589
AND FREIGHT REVENUE, AS DETERMINED IN DIVISION (E)(3) OF THIS 53,590
SECTION.
(3) WITH RESPECT TO PASSENGER REVENUE AND FREIGHT REVENUE, 53,592
THE PORTION OF GROSS RECEIPTS THAT ARE INCLUDED IN THE NUMERATOR 53,593
SHALL BE SIXTY PER CENT OF THE AMOUNT SPECIFIED IN DIVISION 53,594
(E)(3)(a) OF THIS SECTION PLUS FORTY PER CENT OF THE AMOUNT 53,595
SPECIFIED IN DIVISION (E)(3)(b) OF THIS SECTION. 53,596
(a) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,598
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE GROSS RECEIPTS FROM 53,599
PASSENGER REVENUE AND FREIGHT REVENUE FROM THAT TYPE OF AIRCRAFT 53,600
TIMES THE RATIO OF AIRMILES IN THIS STATE IN REVENUE SERVICE TO 53,601
THE TOTAL AIRMILES IN REVENUE SERVICE FOR THAT TYPE OF AIRCRAFT. 53,602
(b) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH TYPE OF 53,604
AIRCRAFT READY FOR FLIGHT, BY MULTIPLYING THE GROSS RECEIPTS FROM 53,605
PASSENGER REVENUE AND FREIGHT REVENUE FROM THAT TYPE OF AIRCRAFT 53,606
TIMES THE RATIO OF THE ARRIVALS AND DEPARTURES IN THIS STATE TO 53,607
THE TOTAL ARRIVALS AND DEPARTURES EVERYWHERE FOR THAT TYPE OF 53,608
AIRCRAFT.
(c) IF RECORDS OF EITHER ACTUAL PASSENGER REVENUE OR 53,610
FREIGHT REVENUE GENERATED BY TYPE OF AIRCRAFT ARE NOT MAINTAINED, 53,611
THEN FOR PURPOSES OF DIVISIONS (E)(3)(a) AND (b) OF THIS SECTION, 53,613
PASSENGER REVENUE AND FREIGHT REVENUE SHALL BE ALLOCATED TO EACH
TYPE OF AIRCRAFT BASED ON THE RATIOS OF THE PASSENGER TON-MILES 53,615
AND FREIGHT TON-MILES OF THAT TYPE, RESPECTIVELY. EXPRESSED AS A 53,616
FORMULA, THE COMPUTATION FOR EACH TYPE OF AIRCRAFT IS AS FOLLOWS: 53,617
PASSENGER TON-MILES FOR TOTAL PASSENGER 53,621
1209
THAT TYPE OF AIRCRAFT X PASSENGER = REVENUE FOR 53,623
TOTAL PASSENGER TON-MILES REVENUE THAT TYPE 53,625
FOR ALL AIRCRAFT OF AIRCRAFT 53,626
FREIGHT TON-MILES FOR TOTAL FREIGHT 53,629
THAT TYPE OF AIRCRAFT X FREIGHT = REVENUE FOR 53,631
TOTAL FREIGHT TON-MILES REVENUE THAT TYPE 53,633
FOR ALL AIRCRAFT OF AIRCRAFT 53,635
(F) THE PORTION OF NET RENTS EARNED BY AIRLINES FOR 53,639
AIRCRAFT LEASED OR SUBLEASED TO OTHERS THAT ARE ALLOCATED TO OHIO 53,640
SHALL BE SIXTY PER CENT OF THE AMOUNT SPECIFIED IN DIVISION 53,641
(F)(1) OF THIS SECTION PLUS FORTY PER CENT OF THE AMOUNT 53,642
SPECIFIED IN DIVISION (F)(2) OF THIS SECTION. 53,643
(1) THE SUM OF THE AMOUNT COMPUTED, FOR EACH AIRCRAFT 53,645
LEASED OR SUBLEASED TO OTHERS, BY MULTIPLYING THE NET RENTS FROM 53,646
THAT AIRCRAFT TIMES THE RATIO OF AIRMILES IN THIS STATE IN 53,647
REVENUE SERVICE TO THE TOTAL AIRMILES IN REVENUE SERVICE FOR THAT 53,648
AIRCRAFT.
(2) THE SUM OF THE AMOUNTS COMPUTED, FOR EACH AIRCRAFT 53,650
LEASED OR SUBLEASED TO OTHERS, BY MULTIPLYING THE NET RENTS FROM 53,652
THAT AIRCRAFT TIMES THE RATIO OF THE ARRIVALS AND DEPARTURES IN 53,653
THIS STATE TO THE TOTAL ARRIVALS AND DEPARTURES EVERYWHERE FOR 53,654
THAT AIRCRAFT.
(G) GAINS AND LOSSES ATTRIBUTABLE TO THE DISPOSITION OF 53,656
AIRCRAFT SHALL BE TREATED AS ALLOCABLE INCOME AND ARE ALLOCABLE 53,657
TO THIS STATE IF THE AIRCRAFT HAD A SITUS IN THIS STATE AT THE 53,658
TIME OF SALE AND THE TAXPAYER IS OTHERWISE SUBJECT TO THE TAX 53,659
IMPOSED BY SECTION 5733.06 OF THE REVISED CODE.
(H) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR 53,661
ALTER THE ADDITIONS, DEDUCTIONS, AND ADJUSTMENTS PURSUANT TO 53,662
SECTION 5733.041 OR 5733.052 OR DIVISION (I) OF SECTION 5733.04 53,663
OF THE REVISED CODE.
(I) WHEN COMPUTING THE NET BOOK VALUE OF ALL PROPERTY 53,665
1210
WITHIN OHIO AND EVERYWHERE FOR PURPOSES OF DETERMINING THE VALUE 53,666
UNDER DIVISION (C) OF SECTION 5733.05 OF THE REVISED CODE, 53,667
AIRLINES SHALL SITUS ALL PROPERTY, OTHER THAN AIRCRAFT READY FOR 53,669
FLIGHT, IN ACCORDANCE WITH TITLE LVII OF THE REVISED CODE.
AIRLINES SHALL SITUS AIRCRAFT READY FOR FLIGHT IN ACCORDANCE WITH 53,670
DIVISION (C) OF THIS SECTION, BUT SHALL VALUE SUCH AIRCRAFT AT 53,671
THE NET BOOK VALUE THEREOF ON THE AIRLINE'S BOOKS AS OF THE DATE 53,672
PRESCRIBED BY SECTION 5733.05 OF THE REVISED CODE. 53,673
Sec. 5733.06. As used in this section, "financial 53,682
institution" does not include a production credit association as 53,683
described in 85 Stat. 597, 12 U.S.C.A. 2091. 53,684
The tax hereby charged each corporation subject to this 53,686
chapter shall be the sum of divisions (A) and (B) of this section 53,687
or division (C) of this section, whichever is greater, except 53,688
that the tax HEREBY charged each financial institution subject to 53,689
this chapter shall be the amount computed under division (D) of 53,690
this section: 53,691
(A) Except as set forth in division (F) of this section, 53,693
five and one-tenth per cent upon the first fifty thousand dollars 53,694
of the value of the taxpayer's issued and outstanding shares of 53,695
stock as determined under division (B) of section 5733.05 of the 53,696
Revised Code; 53,697
(B) Except as set forth in division (F) of this section, 53,699
eight and nine-tenths ONE-HALF per cent upon the value so 53,700
determined in excess of fifty thousand dollars; or 53,702
(C) Five and eighty-two one-hundredths EXCEPT AS OTHERWISE 53,704
PROVIDED UNDER DIVISION (G) OF THIS SECTION, FOUR mills times 53,705
that portion of the value of the issued and outstanding shares of 53,706
stock as determined under division (A)(C) of section 5733.05 of 53,707
the Revised Code. FOR THE PURPOSES OF DIVISION (C) OF THIS 53,709
SECTION, DIVISION (C)(2) OF SECTION 5733.065, AND DIVISION (C) OF 53,711
SECTION 5733.066 OF THE REVISED CODE, THE VALUE OF THE ISSUED AND 53,713
OUTSTANDING SHARES OF STOCK OF A QUALIFIED HOLDING COMPANY IS 53,714
ZERO. 53,715
1211
(D) The tax charged each financial institution subject to 53,717
this chapter shall be that portion of the value of the issued and 53,718
outstanding shares of stock as determined under division (A) of 53,719
section 5733.05 of the Revised Code times, MULTIPLIED BY THE 53,720
FOLLOWING AMOUNTS: 53,721
(1) FOR TAX YEARS PRIOR TO THE 1999 TAX YEAR, fifteen 53,723
mills; 53,724
(2) FOR THE 1999 TAX YEAR, FOURTEEN MILLS; 53,726
(3) FOR TAX YEAR 2000 AND THEREAFTER, THIRTEEN MILLS. 53,728
(E) No tax shall be charged from any corporation which has 53,730
been adjudicated bankrupt, or for which a receiver has been 53,731
appointed, or which has made a general assignment for the benefit 53,732
of creditors, except for the portion of the then current tax year 53,733
during which the tax commissioner finds such corporation had the 53,734
power to exercise its corporate franchise unimpaired by such 53,735
proceedings or act. The minimum payment for all corporations 53,736
shall be fifty dollars. 53,737
The tax charged to corporations under this chapter for the 53,739
privilege of engaging in business in this state, which is an 53,740
excise tax levied on the value of the issued and outstanding 53,741
shares of stock, shall in no manner be construed as prohibiting 53,742
or otherwise limiting the powers of municipal corporations, joint 53,743
economic development zones created under section 715.691 of the 53,744
Revised Code, and joint economic development districts created 53,745
under section 715.70 or 715.71 or sections 715.72 to 715.81 of 53,746
the Revised Code in this state to impose an income tax on the 53,747
income of such corporations.
(F) If a combined group's net income value exceeds fifty 53,749
thousand dollars, each taxpayer with a positive net income value 53,750
in the combined group shall substitute for "fifty thousand 53,751
dollars" in divisions (A) and (B) of this section the product 53,752
obtained by multiplying fifty thousand dollars by a fraction, the 53,753
numerator of which is the taxpayer's net income value, and the 53,754
denominator of which is the combined group's net income value. 53,755
1212
As used in this division, the taxpayer's net income value is the 53,756
sum of the taxpayer's net income allocated and apportioned to 53,757
this state as determined in accordance with section 5733.052 of 53,758
the Revised Code and after any deduction for net operating losses 53,759
to which the taxpayer is entitled, and the combined group's net 53,760
income value is the sum of the net income values of each taxpayer 53,761
with a positive net income value in the combined group. The 53,762
taxpayers in the combined group may elect in the manner 53,763
prescribed by the tax commissioner to divide the first fifty 53,764
thousand dollars of the combined group's net income value among 53,765
themselves in a manner other than in proportion to their 53,766
respective net income values. If the taxpayers so elect, each 53,767
taxpayer shall substitute for "fifty thousand dollars" in 53,768
divisions (A) and (B) of this section the taxpayer's divided 53,769
portion of the fifty thousand dollars as so elected. IF TWO OR 53,770
MORE TAXPAYERS SATISFY THE OWNERSHIP OR CONTROL REQUIREMENTS OF 53,772
DIVISION (A) OF SECTION 5733.052 OF THE REVISED CODE, EACH SUCH 53,774
TAXPAYER SHALL SUBSTITUTE "THE TAXPAYER'S PRO-RATA AMOUNT" FOR 53,775
"FIFTY THOUSAND DOLLARS" IN DIVISIONS (A) AND (B) OF THIS 53,778
SECTION. FOR PURPOSES OF THIS DIVISION, "THE TAXPAYER'S PRO-RATA 53,779
AMOUNT" IS AN AMOUNT THAT, WHEN ADDED TO THE OTHER SUCH 53,780
TAXPAYERS' PRO-RATA AMOUNTS, DOES NOT EXCEED FIFTY THOUSAND 53,781
DOLLARS. FOR THE PURPOSE OF MAKING THAT COMPUTATION, THE 53,782
TAXPAYER'S PRO-RATA AMOUNT SHALL NOT BE LESS THAN ZERO. Nothing 53,783
in this division derogates from or eliminates the requirement to 53,784
make the alternative computation of tax under division (C) of 53,785
this section. 53,786
(G) THE TAX LIABILITY OF ANY CORPORATION UNDER DIVISION 53,790
(C) OF THIS SECTION SHALL NOT EXCEED ONE HUNDRED FIFTY THOUSAND 53,791
DOLLARS.
(H)(1) FOR THE PURPOSES OF DIVISION (H) OF THIS SECTION, 53,795
"EXITING CORPORATION" MEANS A CORPORATION THAT SATISFIES ALL OF 53,796
THE FOLLOWING CONDITIONS:
(a) THE CORPORATION HAD NEXUS WITH OR IN THIS STATE UNDER 53,799
1213
THE CONSTITUTION OF THE UNITED STATES DURING ANY PORTION OF A 53,801
CALENDAR YEAR; 53,802
(b) THE CORPORATION WAS NOT A TAXPAYER ON THE FIRST DAY OF 53,805
JANUARY IMMEDIATELY FOLLOWING THAT CALENDAR YEAR; 53,807
(c) THE CORPORATION WAS NOT A FINANCIAL INSTITUTION ON THE 53,810
FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THAT CALENDAR YEAR; 53,812
(d) THE CORPORATION WAS NOT A TRANSFEROR AS DEFINED IN 53,815
SECTION 5733.053 OF THE REVISED CODE DURING ANY PORTION OF THAT 53,817
CALENDAR YEAR; 53,818
(e) DURING ANY PORTION OF THAT CALENDAR YEAR, OR ANY 53,821
PORTION OF THE IMMEDIATELY PRECEDING CALENDAR YEAR, THE 53,822
CORPORATION HAD NET INCOME THAT WAS NOT INCLUDED IN A REPORT 53,823
FILED PURSUANT TO SECTION 5733.02, 5733.021, 5733.03, OR 5733.031 53,824
OF THE REVISED CODE; 53,826
(f) THE CORPORATION WOULD HAVE BEEN SUBJECT TO THE TAX 53,829
COMPUTED UNDER DIVISIONS (A), (B), (C), (F), AND (G) OF THIS 53,834
SECTION IF THE CORPORATION IS ASSUMED TO HAVE HAD NEXUS WITH OR 53,835
IN THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES ON THE 53,837
FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE CALENDAR YEAR 53,839
REFERRED TO IN DIVISION (H)(1)(a) OF THIS SECTION. 53,841
(2) FOR THE PURPOSES OF DIVISION (H) OF THIS SECTION, 53,844
"UNREPORTED NET INCOME" MEANS NET INCOME THAT WAS NOT PREVIOUSLY 53,846
INCLUDED IN A REPORT FILED PURSUANT TO SECTION 5733.02, 5733.021, 53,847
5733.03, OR 5733.031 OF THE REVISED CODE AND THAT WAS REALIZED OR 53,849
RECOGNIZED DURING THE CALENDAR YEAR REFERRED TO IN DIVISION 53,851
(H)(1) OF THIS SECTION OR THE IMMEDIATELY PRECEDING CALENDAR 53,853
YEAR.
(3) EACH EXITING CORPORATION SHALL PAY A TAX COMPUTED BY 53,856
FIRST ALLOCATING AND APPORTIONING THE UNREPORTED NET INCOME 53,857
PURSUANT TO DIVISION (B) OF SECTION 5733.05 AND SECTIONS 5733.051 53,859
AND, IF APPLICABLE, SECTION 5733.052 OF THE REVISED CODE. THE 53,861
EXITING CORPORATION THEN SHALL COMPUTE THE TAX DUE ON ITS 53,862
UNREPORTED NET INCOME ALLOCATED AND APPORTIONED TO THIS STATE BY 53,863
APPLYING DIVISIONS (A), (B), AND (F) OF THIS SECTION TO THAT 53,866
1214
INCOME. 53,867
(4) DIVISIONS (C) AND (G) OF THIS SECTION, DIVISION (D)(2) 53,870
OF SECTION 5733.065, AND DIVISION (C) OF SECTION 5733.066 OF THE 53,871
REVISED CODE DO NOT APPLY TO AN EXITING CORPORATION, BUT EXITING 53,872
CORPORATIONS ARE SUBJECT TO EVERY OTHER PROVISION OF THIS 53,873
CHAPTER.
(5) NOTWITHSTANDING SECTIONS 5733.02, 5733.021, AND 53,875
5733.03 OF THE REVISED CODE TO THE CONTRARY, EACH EXITING 53,878
CORPORATION SHALL REPORT AND PAY THE TAX DUE UNDER DIVISION (H) 53,879
OF THIS SECTION ON OR BEFORE THE THIRTY-FIRST DAY OF MAY 53,881
IMMEDIATELY FOLLOWING THE CALENDAR YEAR REFERRED TO IN DIVISION 53,883
(H)(1)(a) OF THIS SECTION. THE EXITING CORPORATION SHALL FILE 53,884
THAT REPORT ON THE FORM MOST RECENTLY PRESCRIBED BY THE TAX 53,885
COMMISSIONER FOR THE PURPOSES OF COMPLYING WITH SECTIONS 5733.02 53,886
AND 5733.03 OF THE REVISED CODE. UPON REQUEST BY THE 53,888
CORPORATION, THE TAX COMMISSIONER MAY EXTEND THE DATE FOR FILING 53,889
THE REPORT.
(6) THE TAX COMMISSIONER MAY ADOPT RULES GOVERNING 53,891
DIVISION (H) OF THIS SECTION. 53,892
(I) UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED, THE 53,895
TAX IMPOSED BY THIS SECTION INCLUDES ALL AMOUNTS IMPOSED UNDER
THIS SECTION PLUS ANY AMOUNTS IMPOSED UNDER SECTIONS 5733.065 AND 53,897
5733.066 OF THE REVISED CODE. 53,898
Sec. 5733.061. A credit shall be allowed against the tax 53,907
imposed by Chapter 5733. SECTION 5733.06 of the Revised Code for 53,909
each taxable year. The credit shall be claimed in the order 53,910
required under section 5733.98 of the Revised Code. The credit 53,911
shall equal the lesser of the amount of tax due under this 53,913
chapter THAT SECTION after allowing for any other credits that 53,914
precede the credit under this section in that order or the 53,915
difference between:
(A) The tangible personal property taxes timely paid in 53,917
the taxable year that were charged against engines, machinery, 53,918
tools, and implements owned by the taxpayer, listed for taxation 53,919
1215
in this state under section 5711.16 of the Revised Code as used 53,920
or designed to be used in refining or manufacturing, and acquired 53,921
on or after January 1, 1978; minus 53,922
(B) The taxes that would have been charged against such 53,924
property and paid during such year had it been listed and 53,925
assessed for taxation at a percentage of its true value for the 53,926
year it was required to be listed, determined as follows: 53,927
(1) For 1984 through 1988, twenty per cent; 53,929
(2) For 1989, twenty-one per cent; 53,931
(3) For 1990, twenty-two per cent; 53,933
(4) For 1991, twenty-three per cent; 53,935
(5) For 1992, twenty-four per cent; 53,937
(6) For 1993 and thereafter, twenty-five per cent. 53,939
The tax commissioner may require a taxpayer to furnish any 53,941
information necessary to support a claim for credit under this 53,942
section, and no credit shall be allowed unless such information 53,943
is provided. 53,944
No credit shall be allowed against any taxes paid on 53,946
property previously required to be listed for taxation in this 53,947
state by a person other than the taxpayer. 53,948
If the sum of the credits to which the taxpayer would 53,950
otherwise be entitled under this section in any tax year is 53,951
greater than the tax due under this chapter SECTION 5733.06 OF 53,952
THE REVISED CODE for that year after allowing for any other 53,954
credits that precede the credit under this section in the order 53,955
required under section 5733.98 of the Revised Code, such excess 53,956
shall be allowed as a credit in each of the ensuing three tax 53,957
years that the taxpayer owns the property, but the amount of any 53,958
excess credit allowed in any such year shall be deducted from the 53,959
balance carried forward to the ensuing tax year. 53,960
(C) A refundable credit, computed under division (D) of 53,962
this section, is hereby provided for tax year 1994 if all of the 53,963
following conditions are met: 53,964
(1) In a taxable year ending prior to July 1, 1989, the 53,966
1216
taxpayer acquired property by transfer from a transferor as 53,967
defined in division (A) of section 5733.053 of the Revised Code; 53,968
(2) Such property acquired from the taxpayer's transferor 53,970
does not qualify for the credit provided by this section for one 53,971
or more of the tax years 1989, 1990, 1991, 1992, or 1993 solely 53,972
because the property previously was required to be listed for 53,973
taxation in this state by a person other than the taxpayer; 53,974
(3) If section 5733.053 of the Revised Code had been in 53,976
effect by the end of the taxable year in which the transfer 53,977
occurred, division (E)(1) of section 5733.053 of the Revised Code 53,978
would have allowed the taxpayer the credit provided by this 53,979
section for the property acquired from the taxpayer's transferor 53,980
for one or more of the tax years 1989, 1990, 1991, 1992, or 1993. 53,981
(D) The credit provided by division (C) of this section 53,983
shall equal the difference between the following quantities: 53,984
(1) The lesser of the tax imposed or the tax paid for each 53,986
of the tax years 1989, 1990, 1991, 1992, and 1993; 53,987
(2) The tax that would have been due for each of such 53,989
years if both of the following apply: 53,990
(a) Division (E)(1) of section 5733.053 of the Revised 53,992
Code had been in effect prior to the end of the taxable year in 53,993
which the transfer occurred; 53,994
(b) Divisions (C) and (D) of section 5733.053 of the 53,996
Revised Code had been in effect prior to the end of the taxable 53,997
year in which the transfer occurred. 53,998
Division (D)(2)(b) of this section applies only if the 54,000
amount described in divisions (C) and (D)(1) of section 5733.053 54,001
of the Revised Code for the taxable year ending in 1988 was 54,002
greater than zero. 54,003
In no event shall the credit provided by division (C) of 54,005
this section be less than zero. If the credit is affected by an 54,006
adjustment to a report for a prior tax year, or by a report or an 54,007
adjustment to a report for a subsequent tax year, the taxpayer 54,008
shall file an amended annual corporation report in the manner 54,009
1217
prescribed by division (D) of section 5733.067 of the Revised 54,010
Code. 54,011
Sec. 5733.065. (A) As used in this section, "litter 54,020
stream products" means: 54,021
(1) Intoxicating liquor, beer, malt beverages, wine, mixed 54,023
beverages, or spirituous liquor as defined in section 4301.01 of 54,024
the Revised Code; 54,025
(2) Soft drinks as defined in section 913.22 of the 54,027
Revised Code; 54,028
(3) Glass, metal, plastic, or fiber containers with a 54,030
capacity of less than two gallons sold for the purpose of being 54,031
incorporated into or becoming a part of a product enumerated in 54,032
divisions (A)(1) and (2) of this section; 54,033
(4) Container crowns and closures sold for the purpose of 54,035
being incorporated into or becoming a part of a product 54,036
enumerated in divisions (A)(1) and (2) of this section; 54,037
(5) Packaging materials transferred or intended for 54,039
transfer of use or possession in conjunction with retail sales of 54,040
products enumerated in divisions (A)(1) and (2) of this section; 54,041
(6) Packaging materials in the finished form in which they 54,043
are to be used, including sacks, bags, cups, lids, straws, 54,044
plates, wrappings, boxes, or containers of any type used in the 54,045
packaging or serving of food or beverages, when the food or 54,046
beverages are prepared for human consumption by a restaurant or 54,047
take-out food outlet at the premises where sold at retail and are 54,048
delivered to a purchaser for consumption off the premises where 54,049
the food or beverages are sold; 54,050
(7) Cigarettes, cigars, tobacco, matches, candy, and gum. 54,052
(B) For the purpose of providing additional funding for 54,054
the division of recycling and litter prevention under Chapter 54,055
1502. of the Revised Code, there is hereby levied an additional 54,056
tax on corporations for the privilege of manufacturing or selling 54,057
litter stream products in this state. The tax imposed by this 54,058
section is in addition to the tax charged under section 5733.06 54,059
1218
of the Revised Code, computed at the rate prescribed by section 54,060
5733.066 of the Revised Code. This section does not apply for 54,061
tax year 1981 to a corporation whose taxable year for tax year 54,062
1981 ended on or before June 30, 1980. 54,063
(C) The tax shall be imposed upon each corporation subject 54,065
to the tax imposed by section 5733.06 of the Revised Code that 54,066
manufactures or sells litter stream products in this state. The 54,067
tax for each year shall be in an amount equal to the greater of 54,068
either: 54,069
(1) Twenty-two hundredths of one per cent upon the value 54,071
of that portion of the taxpayer's issued and outstanding shares 54,072
of stock as determined under division (B) of section 5733.05 of 54,073
the Revised Code that is subject to the rate contained in 54,074
division (B) of section 5733.06 of the Revised Code; 54,075
(2) Fourteen one-hundredths of a mill times the value of 54,077
the taxpayer's issued and outstanding shares of stock as 54,078
determined under division (A)(C) of section 5733.05 of the 54,079
Revised Code. 54,081
The additional tax charged any taxpayer or group of 54,083
combined taxpayers pursuant to this section for any tax year 54,084
shall not exceed five thousand dollars. 54,085
(D)(1) In the case of a corporation engaged in the 54,087
business of manufacturing litter stream products, no tax shall be 54,088
due under this section unless the sale of litter stream products 54,089
in this state during the taxable year exceeds five per cent of 54,090
the total sales in this state of the corporation during that 54,091
period or unless the total sales in this state of litter stream 54,092
products by the corporation during the taxable year exceed ten 54,093
million dollars. 54,094
(2) In the case of a corporation engaged in the business 54,096
of selling litter stream products in the form in which the item 54,097
is or is to be received, no tax shall be due under this section 54,098
unless the corporation's sales of litter stream products in this 54,099
state during the taxable year constitute more than five per cent 54,100
1219
of its total sales in this state during that period. 54,101
(3) In the case of a corporation transferring possession 54,103
of litter stream products included in division (A)(6) of this 54,104
section, in which food or beverages prepared for human 54,105
consumption are placed, when the food or beverages are prepared 54,106
for retail sale at the premises where sold and are delivered to a 54,107
purchaser for consumption off the premises where the food or 54,108
beverages are sold, no tax shall be due under this section unless 54,109
such sales for off-premises consumption during the taxable year 54,110
exceed five per cent of the corporation's total annual sales 54,111
during the taxable year. 54,112
(E)(1) The tax imposed by this section is due in the 54,114
proportions and on the dates on which the tax imposed by section 54,115
5733.06 of the Revised Code may be paid without penalty. 54,116
(2) Payment of the tax and any reports or returns required 54,118
to enable the tax commissioner to determine the correct amount of 54,119
the tax shall be submitted with and are due at the same time as 54,120
payments and reports required to be submitted under this chapter. 54,121
(3) If the tax is not paid in full on or before the date 54,123
required by division (E)(1) of this section, the unpaid portion 54,124
of the tax due and unpaid shall be subject to all provisions of 54,125
this chapter for the collection of unpaid, delinquent taxes 54,126
imposed by section 5733.06 of the Revised Code, except that all 54,127
such taxes, interest, and penalties, when collected, shall be 54,128
treated as proceeds arising from the tax imposed by this section 54,129
and shall be deposited in the general revenue fund. 54,130
The tax levied on corporations under this section does not 54,132
prohibit or otherwise limit the authority of municipal 54,133
corporations to impose an income tax on the income of such 54,134
corporations. 54,135
Sec. 5733.066. There shall be added to the rates contained 54,144
in section 5733.06 of the Revised Code the following: 54,146
(A) To the rate in division (A) of that section upon that 54,148
portion of the value of the taxpayer's issued and outstanding 54,149
1220
shares of stock as determined under division (B) of section 54,150
5733.05 of the Revised Code that is subject to such rate, an 54,151
additional eleven-hundredths per cent upon that value to provide 54,152
funding for the division of recycling and litter prevention under 54,154
Chapter 1502. of the Revised Code;
(B) To the rate in division (B) of that section upon that 54,156
portion of the value so determined that is subject to that rate, 54,157
an additional twenty-two-hundredths per cent upon that value to 54,158
provide funding for the division recycling and litter prevention 54,160
under Chapter 1502. of the Revised Code;
(C) To the rate in division (C) of that section times that 54,162
portion of the value of the taxpayer's issued and outstanding 54,163
shares of stock as determined under division (A)(C) of section 54,164
5733.05 of the Revised Code, an additional fourteen 54,165
one-hundredths mills times that value to provide funding for the 54,166
division of recycling and litter prevention under Chapter 1502. 54,167
of the Revised Code. 54,168
The additional tax charged any taxpayer or group of 54,170
combined taxpayers pursuant to this section for any tax year 54,171
shall not exceed five thousand dollars. 54,172
This section does not apply to any family farm corporation 54,175
as defined in section 4123.01 of the Revised Code. 54,176
The tax levied on corporations under this section does not 54,178
prohibit or otherwise limit the authority of municipal 54,179
corporations to impose an income tax on the income of such 54,180
corporations. 54,181
Sec. 5733.067. (A) As used in this section, "subsidiary" 54,190
means a corporation that satisfies both of the following 54,191
requirements: 54,192
(1) More than fifty per cent of its capital stock with 54,194
voting rights is owned or controlled either directly or 54,195
indirectly by the taxpayer, or by related interests that own or 54,196
control either directly or indirectly more than fifty per cent of 54,197
the capital stock with voting rights of the taxpayer; 54,198
1221
(2) Its tax is charged and paid under division (C) of 54,200
section 5733.06 of the Revised Code. 54,201
(B) For tax year 1990 and each subsequent tax year PRIOR 54,203
TO TAX YEAR 1999, a taxpayer whose tax is charged and paid under 54,205
division (C) of section 5733.06 of the Revised Code shall be 54,206
allowed a credit against the tax imposed under section 5733.06 of 54,207
the Revised Code. The credit shall be claimed in the order 54,208
required under section 5733.98 of the Revised Code. The credit 54,209
shall be computed by multiplying the percentage specified in 54,210
division (C) of this section by the least of the following: 54,211
(1) The tax charged under division (C) of section 5733.06 54,213
of the Revised Code on that portion of the net value of the 54,214
taxpayer's issued and outstanding shares of stock in this state 54,215
represented by investments in its subsidiaries, which shall be 54,216
determined as follows: 54,217
(a) Exclude from the net book value of the taxpayer's 54,219
direct investments in its subsidiaries any goodwill and 54,220
appreciation therein that is excludable under division (A)(4) of 54,221
section 5733.05 of the Revised Code; 54,222
(b) Multiply the result in division (B)(1)(a) of this 54,224
section by one-half the sum of the taxpayer's property and 54,225
business done fractions as determined under division (A) of 54,226
section 5733.05 of the Revised Code; 54,227
(c) Multiply the result in division (B)(1)(b) of this 54,229
section by the tax rate charged under division (C) of section 54,230
5733.06 of the Revised Code against the value of the taxpayer's 54,231
issued and outstanding shares of stock. 54,232
(2) The amount by which the tax charged the taxpayer under 54,234
division (C) of section 5733.06 of the Revised Code exceeds the 54,235
tax that would have been charged if the tax were computed as the 54,236
sum of divisions (A) and (B) of section 5733.06 of the Revised 54,237
Code; 54,238
(3) The sum of the amounts by which the tax charged each 54,240
subsidiary of the taxpayer under division (C) of section 5733.06 54,241
1222
of the Revised Code, reduced by the amount of any credit to which 54,242
the subsidiary is entitled under this section, exceeds the tax 54,243
that would have been charged each subsidiary if the tax were 54,244
computed as the sum of divisions (A) and (B) of section 5733.06 54,245
of the Revised Code. 54,246
(C) For tax year 1990 and each subsequent tax year PRIOR 54,248
TO TAX YEAR 1999, the percentage used in computing the credit 54,250
allowed by division (B) of this section shall be as follows: 54,251
(1) For tax year 1990, twenty-five per cent; 54,253
(2) For tax years 1991, 1992, 1993, 1994, and 1995, fifty 54,255
per cent; 54,256
(3) For tax year 1996, seventy-five per cent; 54,258
(4) For tax year YEARS 1997, and each subsequent tax year 54,261
AND 1998, one hundred per cent. 54,262
(D) Notwithstanding section 5733.031 of the Revised Code, 54,264
if the credit allowed by division (B) of this section is affected 54,265
by an adjustment to either the federal income tax return or the 54,266
annual corporation report of the taxpayer or a subsidiary, 54,267
whether the adjustment is initiated by the taxpayer, the 54,268
subsidiary, the internal revenue service, or the tax 54,269
commissioner, the taxpayer shall file an amended annual 54,270
corporation report with the commissioner in such form as the 54,271
commissioner requires. The amended report shall be filed not 54,272
later than one year after the adjustment to the federal income 54,273
tax return or annual corporation report of the taxpayer or 54,274
subsidiary has been agreed to or finally determined, whichever 54,275
occurs first. 54,276
(1) In the case of an underpayment, the amended report 54,278
shall be accompanied by payment of any additional tax and 54,279
interest due and is a report subject to assessment under section 54,280
5733.11 of the Revised Code solely for the purpose of assessing 54,281
any additional tax due under this division, together with any 54,282
applicable penalty and interest. It shall not reopen the 54,283
computation of the taxpayer's tax liability under this chapter 54,284
1223
from a previously filed report no longer subject to assessment 54,285
except to the extent that such liability is affected by an 54,286
adjustment to the credit allowed by division (B) of this section. 54,287
(2) In the case of an overpayment, an application for 54,289
refund may be filed under this division within the one-year 54,290
period prescribed for filing the amended report even if it is 54,291
beyond the period prescribed in division (B) of section 5733.12 54,292
of the Revised Code if it otherwise conforms to the requirements 54,293
of such section. An application filed under this division shall 54,294
only claim refund of overpayments resulting from an adjustment to 54,295
the credit allowed by division (B) of this section unless it is 54,296
also filed within the time prescribed in division (B) of section 54,297
5733.12 of the Revised Code. It shall not reopen the computation 54,298
of the taxpayer's tax liability under this chapter from a 54,299
previously filed report except to the extent that such liability 54,300
is affected by an adjustment to the credit allowed by division 54,301
(B) of this section. 54,302
Sec. 5733.068. (A) As used in this section: 54,311
(1) "Affiliated group" has the same meaning as in section 54,313
1504 of the Internal Revenue Code and is ascertained on the last 54,314
day of the taxable year. 54,315
(2) "Excess tax" means the difference, if any, between the 54,317
amount described in division (A)(2)(a) of this section and the 54,318
amount described in division (A)(2)(b) of this section: 54,319
(a) The tax imposed by this chapter SECTION 5733.06 OF THE 54,321
REVISED CODE for the tax year without regard to any credits 54,323
provided by the Revised Code;
(b) The tax imposed by this chapter SECTION 5733.06 OF THE 54,325
REVISED CODE for the tax year without regard to divisions (I)(12) 54,327
and (13) of section 5733.04 of the Revised Code, sections 54,328
5733.054 and 5733.055 of the Revised Code, and any credits 54,329
provided by the Revised Code.
(3) "Qualifying affiliated group" means an affiliated 54,331
group meeting all of the following requirements: 54,332
1224
(a) The aggregate of the excess tax for the tax year for 54,334
the taxpayers that are members of the affiliated group exceeds 54,335
three million five hundred thousand dollars; 54,336
(b) On January 1, 1991, the affiliated group had as a 54,338
member of such affiliated group a corporation meeting all three 54,339
of the following requirements: 54,340
(i) The corporation is described in division (C)(1) of 54,342
section 5733.042 of the Revised Code. 54,343
(ii) The corporation was incorporated prior to January 1, 54,345
1991, in a state other than this state. 54,346
(iii) At no time since the date of incorporation did the 54,348
corporation conduct activities other than those activities 54,349
described in division (C)(1) of section 5733.042 of the Revised 54,350
Code. 54,351
(c) If any member of an affiliated group was a taxpayer on 54,353
January 1, 1991, the affiliated group, no later than September 54,354
30, 1991, under penalty of falsification under section 2921.13 of 54,355
the Revised Code, informs the tax commissioner by certified mail 54,356
of the affiliated group's estimated credit, allowed by divisions 54,357
(B) and (C) of this section, against the tax imposed by this 54,358
chapter for the 1992 tax year. The amount so reported does not 54,359
prevent the affiliated group from claiming a credit amount 54,360
greater than or less than the amount reported under division 54,361
(A)(3)(c) of this section. Division (A)(3)(c) of this section 54,362
does not apply to tax years after the 1992 tax year. 54,363
(B) Except as limited by divisions (C) and (E) of this 54,365
section, a taxpayer that is a member of a qualifying affiliated 54,366
group is allowed a nonrefundable credit for the tax year against 54,367
the tax imposed by this chapter SECTION 5733.06 OF THE REVISED 54,368
CODE. The nonrefundable credit shall be claimed in the order 54,370
required under section 5733.98 of the Revised Code, and is equal 54,371
to the lesser of the amounts described in divisions (B)(1) and 54,372
(2) of this section: 54,373
(1) The excess tax reduced by three million five hundred 54,375
1225
thousand dollars; 54,376
(2) One million five hundred thousand dollars. 54,378
(C) Notwithstanding division (B) of this section to the 54,380
contrary, the maximum nonrefundable credit allowed by this 54,381
section for the tax year to all taxpayers that are members of the 54,382
same qualifying affiliated group cannot exceed in the aggregate 54,383
one million five hundred thousand dollars. 54,384
(D) A taxpayer that is allowed the nonrefundable credit 54,386
provided by this section shall allocate the nonrefundable credit 54,387
to itself and to other taxpayers within the qualifying affiliated 54,388
group in any proportion elected by the qualifying affiliated 54,389
group. 54,390
(E) Notwithstanding any other division of this section to 54,392
the contrary, the nonrefundable credit shall not be claimed or 54,393
allowed any time prior to the first day of July following the tax 54,394
year in which the nonrefundable credit would be allowed without 54,395
regard to this division; nor shall the nonrefundable credit be 54,396
claimed or allowed any time after the first day of August 54,397
following the tax year in which the nonrefundable credit would be 54,398
allowed without regard to this division. This division does not 54,399
apply to tax years after tax year 1993. 54,400
Sec. 5733.069. (A) As used in this section: 54,409
(1) "Average of the payroll factor and the property 54,411
factor" means one-half multiplied by the sum of the payroll 54,412
factor and the property factor. 54,413
(2) Subject to divisions (C) and (H) of this section, 54,415
"export sales" means sales used in determining the denominator of 54,416
the sales factor under division (B)(2)(c) of section 5733.05 of 54,417
the Revised Code, as long as the sales meet the requirements of 54,418
division (A)(2)(a) of this section and either or both of 54,419
divisions (A)(2)(b) and (c) of this section. 54,420
(a) The gross receipts with respect to the sales qualify 54,422
as foreign trading gross receipts as defined under section 924 of 54,423
the Internal Revenue Code and regulations prescribed thereunder, 54,424
1226
except not including foreign trading gross receipts defined under 54,425
section 924(a)(5) of the Internal Revenue Code and regulations 54,426
prescribed thereunder. In addition, for the purposes of division 54,427
(A)(2)(a) of this section, section 924 of the Internal Revenue 54,428
Code is considered to apply to any taxpayer, not just an FSC as 54,429
that term is defined under section 922 of the Internal Revenue 54,430
Code. 54,431
(b) In the case of sales of tangible personal property, 54,433
the taxpayer establishes by preponderance of the evidence that 54,434
the property is not received by the purchaser within the United 54,435
States. If the property is delivered by common carrier or by 54,436
other means of transportation, the place at which the property is 54,437
ultimately received after all transportation has been completed 54,438
shall be considered as the place at which the property is 54,439
received by the purchaser. Direct delivery in the United States, 54,440
other than for purposes of transportation, to a person or firm 54,441
designated by the purchaser constitutes delivery to the purchaser 54,442
in the United States. Direct delivery outside the United States 54,443
to a person or firm designated by the purchaser does not 54,444
constitute delivery to the purchaser in the United States, 54,445
regardless of where title passes or other condition of sale. 54,446
In addition, the taxpayer also establishes by clear and 54,448
convincing evidence one of the following: 54,449
(i) With respect to sales of tangible personal property to 54,451
a related member, within the twelve-month period subsequent to 54,452
the delivery to the related member, the related member in turn 54,453
sells the property, or leases it for a period of at least five 54,454
years, and delivers the property in the same form or as a 54,455
component part of other property to a purchaser or lessee who is 54,456
not a related member. In addition, during the twenty-four-month 54,457
period commencing with the date of such sale or lease by the 54,458
related member, the purchaser or lessee or a related member of 54,459
the purchaser or lessee does not receive, use, or consume the 54,460
property, either in the same form or as a component part of other 54,461
1227
property, within the United States, and does not directly or 54,462
indirectly sell or lease the property, either in the same form or 54,463
as a component part of other property, for use or consumption in 54,464
the United States. 54,465
(ii) With respect to all other sales of tangible personal 54,467
property, during the twenty-four-month period commencing with 54,468
such sale, the purchaser or a related member of the purchaser 54,469
does not receive, use, or consume the property, either in the 54,470
same form or as a component part of other property, in the United 54,471
States, and does not directly or indirectly sell the property, 54,472
either in the same form or as a component part of other property, 54,473
for use or consumption in the United States. 54,474
(c) In the case of sales of services, the taxpayer 54,476
establishes by preponderance of the evidence that the purchaser 54,477
uses or consumes the services or the object of the services in a 54,478
location other than the United States. If a purchaser will 54,479
receive and use or consume the services or the object of the 54,480
services both within and outside the United States, the sale is 54,481
considered to be a sale of services or of the object of the 54,482
services used or consumed outside the United States by the 54,483
purchaser only to the extent of such proportionate use or 54,484
consumption outside the United States. The taxpayer shall 54,485
establish by preponderance of the evidence that the services or 54,486
the object of the services was ultimately received and used or 54,487
consumed outside the United States. Direct or indirect sales of 54,488
services or the object of services to a related member do not 54,489
meet the requirements of division (A)(2)(c) of this section 54,490
unless the taxpayer establishes by preponderance of the evidence 54,491
that within the twelve-month period subsequent to the sale to the 54,492
related member, the related member in turn sold and delivered or 54,493
rendered the services or the object of the services to a person 54,494
who is not a related member and such person ultimately received 54,495
and used or consumed the services or the object of the services 54,496
outside the United States. In no event shall a sale of services 54,497
1228
qualify as an export sale if the taxpayer or the taxpayer's 54,498
related member directly or indirectly acquired such services from 54,499
a person who is not a United States person and if the taxpayer or 54,500
the taxpayer's related member in turn directly or indirectly sold 54,501
such services in substantially the same form. For purposes of 54,502
this section, services are sold in substantially the same form 54,503
where more than fifty per cent of the fair market value of such 54,504
services sold is attributable to services directly or indirectly 54,505
purchased by the taxpayer or by the taxpayer's related member 54,506
from a person who is not a United States person. 54,507
(3) "Incremental increase in export sales" means one-half 54,509
the difference obtained by subtracting the amount of the 54,510
taxpayer's export sales for the second preceding taxable year 54,511
from the amount of the taxpayer's export sales for the taxable 54,512
year. 54,513
If the taxpayer's taxable year is a period of greater than 54,515
or less than three hundred sixty-five days, or three hundred 54,516
sixty-six days for a taxable year that includes February 54,517
twenty-nine, the amount of the export sales for that taxable year 54,518
shall be adjusted and restated to an annualized amount. 54,519
(4) Subject to divisions (C), (F)(1), (H), and (I) of this 54,521
section, "Ohio payroll increase factor" means twelve and one-half 54,522
multiplied by the difference obtained by subtracting two 54,523
one-hundredths from the largest of the following quotients: 54,524
(a) The numerator of the payroll factor for the taxable 54,526
year minus the numerator of the payroll factor for the 54,527
immediately preceding taxable year, divided by the numerator of 54,528
the payroll factor for the immediately preceding taxable year; 54,529
(b) The numerator of the payroll factor for the taxable 54,531
year minus the numerator of the payroll factor for the second 54,532
preceding taxable year, divided by the numerator of the payroll 54,533
factor for the second preceding taxable year; 54,534
(c) The numerator of the payroll factor for the taxable 54,536
year minus the numerator of the payroll factor for the third 54,537
1229
preceding taxable year, divided by the numerator of the payroll 54,538
factor for the third preceding taxable year. 54,539
If the numerator of the payroll factor for a taxable year 54,541
represents payroll for a period of greater than or less than 54,542
three hundred sixty-five days, or three hundred sixty-six days 54,543
for a taxable year that includes February twenty-nine, for 54,544
purposes of this section the numerator for that taxable year 54,545
shall be adjusted and restated to an annualized amount. If 54,546
neither the taxpayer nor its related members were subject to the 54,547
tax imposed by this chapter SECTION 5733.06 OF THE REVISED CODE 54,548
for any of the three immediately preceding tax years, the 54,550
numerator of the payroll factor for any such year shall be 54,551
considered to be one dollar.
In no event shall the Ohio payroll increase factor be 54,553
greater than one or less than zero. 54,554
(5) Subject to divisions (C), (F)(2), and (H) of this 54,556
section, "Ohio property increase factor" means ten multiplied by 54,557
the largest of the following quotients: 54,558
(a) The numerator of the property factor for the taxable 54,560
year minus the numerator of the property factor for the 54,561
immediately preceding taxable year, divided by the numerator of 54,562
the property factor for the immediately preceding taxable year; 54,563
(b) The numerator of the property factor for the taxable 54,565
year minus the numerator of the property factor for the second 54,566
preceding taxable year, divided by the numerator of the property 54,567
factor for the second preceding taxable year; 54,568
(c) The numerator of the property factor for the taxable 54,570
year minus the numerator of the property factor for the third 54,571
preceding taxable year, divided by the numerator of the property 54,572
factor for the third preceding taxable year. 54,573
If neither the taxpayer nor its related members were 54,575
subject to the tax imposed by this chapter SECTION 5733.06 OF THE 54,576
REVISED CODE for any of the three immediately preceding tax 54,578
years, the numerator of the property factor for any such year 54,579
1230
shall be considered to be one dollar.
In no event shall the Ohio property increase factor be 54,581
greater than one or less than zero. 54,582
(6) Subject to divisions (H) and (I) of this section, 54,584
"payroll factor" has the same meaning as in division (B)(2)(b) of 54,585
section 5733.05 of the Revised Code with any adjustments, 54,586
exclusions, or alterations made in accordance with division 54,587
(B)(2)(d) of that section. 54,588
(7) "Pre-tax profit from the incremental increase in 54,590
export sales" means fifteen per cent of the incremental increase 54,591
in export sales, except that the taxpayer may establish by 54,592
preponderance of the evidence that the pre-tax profit margin from 54,593
such sales is an amount exceeding fifteen per cent but not 54,594
exceeding fifty per cent. For purposes of this section, the 54,595
pre-tax profit margin shall be determined on a product line by 54,596
product line basis, and equals the quotient of the taxpayer's 54,597
taxable income with respect to the product line before operating 54,598
loss deduction and special deductions, as required to be reported 54,599
for the taxable year under the Internal Revenue Code, divided by 54,600
the taxpayer's sales for the product line less sales returns, 54,601
allowances, and discounts. 54,602
Nothing in division (A)(7) of this section shall be used or 54,604
construed to support a request under division (B)(2)(d) of 54,605
section 5733.05 of the Revised Code. 54,606
(8) Subject to division (H) of this section, "property 54,608
factor" has the same meaning as in division (B)(2)(a) of section 54,609
5733.05 of the Revised Code with any adjustments, exclusions, or 54,610
alterations made in accordance with division (B)(2)(d) of that 54,611
section. 54,612
(9) "Related member" has the same meaning as under 54,614
division (A)(6) of section 5733.042 of the Revised Code without 54,615
regard to division (B) of that section. 54,616
(10) "Tentative credit" means the credit under division 54,618
(B) of this section without regard to the limitations set forth 54,619
1231
in division (D) of this section. 54,620
(11) "United States" means the United States and its 54,622
territories and possessions. 54,623
(12) "United States person" has the same meaning as under 54,625
section 7701(A)(30) of the Internal Revenue Code. 54,626
(B) A nonrefundable credit is allowed against the tax 54,628
imposed under this chapter BY SECTION 5733.06 OF THE REVISED 54,629
CODE. The credit shall be claimed in the order required under 54,631
section 5733.98 of the Revised Code. Subject to divisions (C), 54,632
(D), and (G) of this section, the credit equals the sum of the 54,633
following:
(1) For tax years 1993 to 2000, ten per cent of the 54,635
product obtained by multiplying all of the following together: 54,636
(a) The pre-tax profit from the incremental increase in 54,638
export sales for the taxable year; 54,639
(b) The average of the property factor and the payroll 54,641
factor for the taxable year; 54,642
(c) The greater of the Ohio payroll increase factor or the 54,644
Ohio property increase factor. 54,645
(2) For tax years 1994 to 2005, the sum of any amounts 54,647
carried forward from tax years 1993 to 2000 in accordance with 54,648
division (E) of this section. 54,649
(C)(1) In the case of a taxpayer having a related member 54,651
or a group of taxpayers having a related member, the credit 54,652
available under this section to the taxpayer or group of 54,653
taxpayers shall be computed as if the taxpayer or all taxpayers 54,654
of the group and all such related members were a consolidated, 54,655
single taxpayer. The credit shall be allocated to such taxpayer 54,656
or to such group of taxpayers in any amount elected for the tax 54,657
year by the taxpayer or group. Such election shall be revocable 54,658
and amendable during the period described in division (B)(1) of 54,659
section 5733.12 of the Revised Code. Nothing in this section 54,660
shall be construed to treat as an export sale a sale by a related 54,661
member who is not a United States person if such sale would not 54,662
1232
qualify as an export sale without regard to the consolidation 54,663
requirement set forth in this section. 54,664
(2) For purposes of this section, a taxpayer's or related 54,666
member's export sales and the numerators and denominators of the 54,667
taxpayer's or related member's payroll and property factors shall 54,668
include the taxpayer's or related member's proportionate shares 54,669
of the export sales and numerators and denominators of the 54,670
payroll and property factors, respectively, for all pass-through 54,671
entities. For purposes of applying division (C)(2) of this 54,672
section, the tax commissioner shall be guided by the concepts set 54,673
forth in section 41(f)(2) of the Internal Revenue Code and 54,674
regulations prescribed thereunder. Nothing in this section shall 54,675
be construed to limit or disallow pass-through treatment of a 54,676
pass-through entity's income, deductions, credits, or other 54,677
amounts necessary to compute the tax imposed BY SECTION 5733.06 54,678
OF THE REVISED CODE and the credits allowed by this chapter. 54,680
As used in division (C)(2) of this section, "pass-through 54,682
entity" has the same meaning as in division (A)(6) of section 54,683
5747.057 of the Revised Code. 54,684
(D) In no circumstance shall the credit provided by this 54,686
section be less than zero. 54,687
If the tentative credit for a tax year for a taxpayer and 54,689
any related members is greater than two hundred fifty thousand 54,690
dollars or the aggregate tax due for the taxpayer and any related 54,691
members after taking into account any other nonrefundable credits 54,692
that precede the credit under this section in the order required 54,693
under section 5733.98 of the Revised Code, then the credit 54,694
allowed for the tax year for the taxpayer and any related members 54,695
shall not exceed the lesser of two hundred fifty thousand dollars 54,696
or the aggregate tax due for the taxpayer and any related members 54,697
after taking into account any other nonrefundable credits that 54,698
precede the credit under this section in that order. 54,699
(E)(1) Pursuant to division (B)(2) of this section, the 54,701
greater of the amount described in division (E)(1)(a) or the 54,702
1233
amount described in division (E)(1)(b) of this section shall be 54,703
allowed as a nonrefundable credit in each ensuing tax year: 54,704
(a) The excess, if any, of the tentative credit for the 54,706
tax year over two hundred fifty thousand dollars; 54,707
(b) The excess, if any, of the tentative credit for the 54,709
tax year over the aggregate tax due for the tax year for the 54,710
taxpayer and any related members, after taking into account any 54,711
other nonrefundable credits for the tax year that precede the 54,712
credit under this section in the order required under section 54,713
5733.98 of the Revised Code. 54,714
(2) Any such amount allowed as a credit in an ensuing tax 54,716
year shall be deducted from the balance carried forward to the 54,717
next ensuing tax year. Such credit shall be taken into account 54,718
prior to the allowance of any credit for such tax year under 54,719
division (B)(1) of this section. In no event shall any amount or 54,720
any portion of any amount described in division (E)(1)(a) or (b) 54,721
of this section be allowed in tax year 2006 or any subsequent tax 54,722
year. 54,723
(F)(1) With respect to the computation of the Ohio payroll 54,725
increase factor, divisions (A)(4)(b) and (c) of this section 54,726
shall not apply to tax years 1993 and 1994, and division 54,727
(A)(4)(c) of this section shall not apply to tax year 1995. 54,728
(2) With respect to the computation of the Ohio property 54,730
increase factor, divisions (A)(5)(b) and (c) of this section 54,731
shall not apply to tax years 1993 and 1994, and division 54,732
(A)(5)(c) of this section shall not apply to tax year 1995. 54,733
(G) The aggregate credit allowed to the taxpayer and any 54,735
related members for tax years 1993 to 2005 shall not exceed three 54,736
million two hundred fifty thousand dollars. 54,737
(H)(1) If a taxpayer or a taxpayer's related member 54,739
acquires the major portion of a trade or business of another 54,740
person or the major portion of a separate unit of a trade or 54,741
business of another person, then for purposes of applying this 54,742
section for any tax year subsequent to the end of the taxable 54,743
1234
year in which the acquisition occurred, the amount of the 54,744
taxpayer's export sales, payroll, subject to division (I) of this 54,745
section, and property for periods before the acquisition shall be 54,746
increased by so much of such amounts paid or incurred by the 54,747
previous owner of the acquired trade, business, or separate unit 54,748
as is attributable to the portion of such trade, business, or 54,749
separate unit acquired by the taxpayer or related member. 54,750
(2) If a taxpayer or a taxpayer's related member disposes 54,752
of a major portion of a trade or business or the major portion of 54,753
a separate unit of a trade or business in a transaction to which 54,754
division (H)(1) of this section applies, and if the taxpayer or 54,755
the related member furnished the acquiring person such 54,756
information as is necessary for the application of division 54,757
(H)(1) of this section, then for purposes of applying this 54,758
section to any tax year subsequent to the end of the taxable year 54,759
in which the disposition occurred, the amount of the taxpayer's 54,760
export sales, payroll, subject to division (I) of this section, 54,761
and property for periods before the disposition shall be 54,762
decreased by so much of such amounts as is attributable to the 54,763
portion of such trade, business, or separate unit disposed of by 54,764
the taxpayer or related member. 54,765
(3) For purposes of applying this division, the tax 54,767
commissioner shall be guided by the concepts set forth in section 54,768
41(f)(3) of the Internal Revenue Code and regulations prescribed 54,769
thereunder. 54,770
(I) For purposes of this section, payroll and compensation 54,772
do not include amounts in excess of two hundred thousand dollars 54,773
directly or indirectly paid or accrued during the taxable year to 54,774
an employee. For purposes of applying this division, the 54,775
aggregate payroll and compensation directly or indirectly paid or 54,776
accrued by the taxpayer and by the taxpayer's related members, if 54,777
any, to an employee and to the employee's children, 54,778
grandchildren, parents, and spouse, other than a spouse who is 54,779
legally separated from the employee, shall be considered to be 54,780
1235
paid to the employee. 54,781
(J) With respect to allowing the credit provided by this 54,783
section, the tax commissioner shall be guided by the doctrines of 54,784
"economic reality," "sham transaction," "step transaction," and 54,785
"substance over form." The taxpayer shall bear the burden of 54,786
establishing by preponderance of the evidence that any 54,787
transaction giving rise to a claimed credit did not have as a 54,788
principal purpose the avoidance of any portion of the tax imposed 54,789
by this chapter SECTION 5733.06 OF THE REVISED CODE. 54,790
Nothing in this section shall be construed to limit solely 54,792
to this section the application of the doctrines listed in this 54,793
division. 54,794
Sec. 5733.0611. (A) THERE IS HEREBY ALLOWED A 54,799
NONREFUNDABLE CREDIT AGAINST THE TAX IMPOSED UNDER SECTION 54,800
5733.06 OF THE REVISED CODE. THE CREDIT SHALL BE EQUAL TO THE 54,802
TAXPAYER'S PROPORTIONATE SHARE OF THE LESSER OF EITHER THE TAX 54,803
DUE OR THE TAX PAID BY ANY QUALIFYING ENTITY UNDER SECTION 54,804
5733.41 OF THE REVISED CODE FOR THE QUALIFYING TAXABLE YEAR OF 54,806
THE QUALIFYING ENTITY THAT ENDS IN THE TAXABLE YEAR OF THE 54,808
TAXPAYER. THE TAXPAYER SHALL CLAIM THE CREDIT FOR THE TAXPAYER'S 54,809
TAXABLE YEAR IN WHICH ENDS THE QUALIFYING ENTITY'S QUALIFYING 54,810
TAXABLE YEAR. 54,811
IN CLAIMING THE CREDIT AND DETERMINING ITS PROPORTIONATE 54,814
SHARE OF THE TAX DUE AND THE TAX PAID BY THE QUALIFYING ENTITY, 54,815
THE PERSON CLAIMING THE CREDIT SHALL FOLLOW THE CONCEPTS SET 54,817
FORTH IN SUBCHAPTER K OF THE INTERNAL REVENUE CODE. NOTHING IN 54,822
THIS DIVISION SHALL BE CONSTRUED TO LIMIT OR DISALLOW 54,823
PASS-THROUGH TREATMENT OF A PASS-THROUGH ENTITY'S INCOME, 54,824
DEDUCTIONS, CREDITS, OR OTHER AMOUNTS NECESSARY TO COMPUTE THE 54,825
TAX IMPOSED AND THE CREDITS ALLOWED UNDER THIS CHAPTER. 54,826
THE CREDIT SHALL BE CLAIMED IN THE ORDER REQUIRED UNDER 54,829
SECTION 5733.98 OF THE REVISED CODE. ANY UNUSED CREDIT SHALL BE 54,832
ALLOWED AS A CREDIT IN THE ENSUING TAX YEAR. ANY SUCH AMOUNT
ALLOWED AS A CREDIT IN AN ENSUING TAX YEAR SHALL BE DEDUCTED FROM 54,834
1236
THE BALANCE CARRIED FORWARD TO THE NEXT ENSUING TAX YEAR.
IN ALLOWING THE CREDIT PROVIDED UNDER THIS SECTION, THE TAX 54,837
COMMISSIONER SHALL BE GUIDED BY THE DOCTRINES "ECONOMIC REALITY," 54,838
"SHAM TRANSACTION," "STEP TRANSACTION," AND "SUBSTANCE OVER 54,840
FORM." THE TAXPAYER SHALL BEAR THE BURDEN OF ESTABLISHING, BY A 54,841
PREPONDERANCE OF THE EVIDENCE, THAT ANY TRANSACTION GIVING RISE 54,842
TO A CLAIMED CREDIT DID NOT HAVE AS A PRINCIPAL PURPOSE THE 54,843
AVOIDANCE OF ANY PORTION OF THE TAX IMPOSED UNDER SECTION 5733.41 54,844
OF THE REVISED CODE. 54,846
(B) ANY PERSON THAT IS NOT A TAXPAYER SOLELY BY REASON OF 54,849
DIVISION (A) OR (C) OF SECTION 5733.09 OF THE REVISED CODE, BUT 54,856
THAT WOULD BE ENTITLED TO CLAIM THE NONREFUNDABLE CREDIT UNDER 54,857
THIS SECTION IF THAT PERSON WERE A TAXPAYER, MAY FILE AN
APPLICATION FOR REFUND PURSUANT TO SECTION 5733.12 OF THE REVISED 54,859
CODE. UPON PROPER APPLICATION FOR REFUND UNDER THAT SECTION, THE 54,861
TAX COMMISSIONER SHALL ISSUE A REFUND IN THE AMOUNT OF THE CREDIT 54,862
TO WHICH THAT PERSON WOULD HAVE BEEN ENTITLED UNDER DIVISION 54,864
(A)(1) OF THIS SECTION HAD THE PERSON BEEN A TAXPAYER, AND AS IF 54,865
THE CREDIT WERE A REFUNDABLE CREDIT. 54,866
Sec. 5733.09. (A) An incorporated company, whether 54,875
foreign or domestic, owning and operating a public utility in 54,876
this state, and as such required by law to file reports with the 54,877
tax commissioner and to pay an excise tax upon its gross 54,878
receipts, and insurance, fraternal, beneficial, bond investment, 54,879
and other corporations required by law to file annual reports 54,880
with the superintendent of insurance and dealers in intangibles, 54,881
the shares of which or the capital or ownership in capital 54,882
employed by such dealer is subject to the taxes imposed by 54,883
section 5707.03 of the Revised Code, shall not be subject to ANY 54,884
TAX IMPOSED UNDER this chapter. 54,886
(B) A corporation that has made an election under 54,888
subchapter S, chapter one, subtitle A, of the Internal Revenue 54,889
Code for its taxable year under such code is exempt from the tax 54,890
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE that 54,891
1237
is based on that taxable year. 54,892
A corporation that makes such an election shall file a 54,894
notice of such election with the tax commissioner between the 54,895
first day of January and the thirty-first day of March of each 54,896
tax year that the election is in effect. 54,897
(C) An entity defined to be a "real estate investment 54,899
trust" by section 856 of the Internal Revenue Code, a "regulated 54,900
investment company" by section 851 of the Internal Revenue Code, 54,901
or a "real estate mortgage investment conduit" by section 860D of 54,902
the Internal Revenue Code, is exempt from taxation for a tax year 54,903
as a corporation under this chapter and is exempt from taxation 54,904
for a return year as a dealer in intangibles under Chapter 5725. 54,905
of the Revised Code if it provides the report required by this 54,906
division. By the last day of March of the tax or return year the 54,907
entity shall submit to the tax commissioner the name of the 54,908
entity with a list of the names, addresses, and social security 54,909
or federal identification numbers of all investors, shareholders, 54,910
and other similar investors who owned any interest or invested in 54,911
the entity during the preceding calendar year. The commissioner 54,912
may extend the date by which the report must be submitted for 54,913
reasonable cause shown by the entity. The commissioner may 54,914
prescribe the form of the report required for exemption under 54,915
this division. 54,916
(D)(1) As used in this division: 54,918
(a) "Commercial printer" means a person primarily engaged 54,921
in the business of commercial printing. However, "commercial 54,922
printer" does not include a person primarily engaged in the 54,923
business of providing duplicating services using photocopy 54,924
machines or other xerographic processes. 54,925
(b) "Commercial printing" means printing by one or more 54,928
common processes such as letterpress, lithography, gravure, 54,929
screen, or digital imaging, and includes related activities such 54,930
as binding, platemaking, prepress operation, cartographic 54,931
composition, and typesetting.
1238
(c) "Contract for printing" means an oral or written 54,934
agreement for the purchase of printed materials produced by a 54,935
commercial printer.
(d) "Intangible property located at the premises of a 54,938
commercial printer" means intangible property of any kind owned 54,939
or licensed by a customer of the commercial printer and furnished 54,940
to the commercial printer for use in commercial printing. 54,941
(e) "Pass-through entity" has the same meaning as in 54,943
division (A)(6) of section 5747.057 of the Revised Code. 54,944
(f) "Printed material" means any tangible personal 54,947
property produced or processed by a commercial printer pursuant 54,948
to a contract for printing.
(g)(f) "Related member" has the same meaning as in 54,951
division (A)(6) of section 5733.042 of the Revised Code without 54,952
regard to division (B) of that section. 54,954
(2) Except as provided in divisions (D)(3) and (4) of this 54,956
section, a corporation not otherwise subject to the tax imposed 54,957
by this chapter SECTION 5733.06 OF THE REVISED CODE for a tax 54,958
year does not become subject to that tax for the tax year solely 54,960
by reason of any one or more of the following occurring in this 54,961
state during the taxable year that ends immediately prior to the 54,962
tax year:
(a) Ownership by the corporation or a related member of 54,965
the corporation of tangible personal property or intangible 54,966
property located during all or any portion of the taxable year or 54,967
on the first day of the tax year at the premises of a commercial 54,968
printer with which the corporation or the corporation's related 54,969
member has a contract for printing with respect to such property 54,970
or the premises of a commercial printer's related member with 54,971
which the corporation or the corporation's related member has a 54,972
contract for printing with respect to such property; 54,973
(b) Sales by the corporation or a related member of the 54,976
corporation of property produced at and shipped or distributed 54,977
from the premises of a commercial printer with which the 54,978
1239
corporation or the corporation's related member has a contract 54,979
for printing with respect to such property or the premises of a 54,980
commercial printer's related member with which the corporation or 54,981
the corporation's related member has a contract for printing with 54,982
respect to such property;
(c) Activities of employees, officers, agents, or 54,985
contractors of the corporation or a related member of the 54,986
corporation on the premises of a commercial printer with which 54,987
the corporation or the corporation's related member has a 54,988
contract for printing or the premises of a commercial printer's 54,989
related member with which the corporation or the corporation's 54,990
related member has a contract for printing, where the activities 54,991
are directly and solely related to quality control, distribution, 54,992
or printing services, or any combination thereof, performed by or 54,993
at the direction of the commercial printer or the commercial 54,994
printer's related member.
(3) The exemption under this division does not apply for a 54,996
taxable year to any corporation having on the first day of 54,997
January of the tax year or at any time during the taxable year 54,999
ending immediately preceding the first day of January of the tax 55,001
year a related member which, on the first day of January of the 55,002
tax year or during any portion of such taxable year of the 55,003
corporation, owned or used all or a portion of its property or 55,005
capital in this state or earned or received income in this state 55,006
or was doing HAS NEXUS IN OR WITH THIS STATE UNDER THE 55,008
CONSTITUTION OF THE UNITED STATES OR HOLDS A CERTIFICATE OF 55,011
COMPLIANCE WITH THE LAWS OF THIS STATE AUTHORIZING IT TO DO 55,012
business in this state. 55,014
(4) With respect to allowing the exemption under this 55,016
division, the tax commissioner shall be guided by the doctrines 55,017
of "economic reality," "sham transaction," "step transaction," 55,018
and "substance over form." A corporation shall bear the burden 55,019
of establishing by a preponderance of the evidence that any 55,020
transaction giving rise to an exemption claimed under this 55,021
1240
division did not have as a principal purpose the avoidance of any 55,023
portion of the tax imposed by this chapter SECTION 5733.06 OF THE
REVISED CODE.
Application of the doctrines listed in division (D)(4) of 55,026
this section is not limited to this division. 55,027
Sec. 5733.11. (A) If any corporation required to file a 55,036
report under this chapter fails to file the report within the 55,037
time prescribed, files an incorrect report, or fails to remit the 55,038
full amount of the tax due for the period covered by the report, 55,039
the tax commissioner may make an assessment against the 55,040
corporation for any deficiency for the period for which the 55,041
report or tax is due, based upon any information in his THE 55,042
COMMISSIONER'S possession. 55,043
No assessment shall be made or issued against a corporation 55,045
more than three years after the later of the final date the 55,046
report subject to assessment was required to be filed or the date 55,047
the report was filed. Such time limit may be extended if both 55,048
the corporation and the commissioner consent in writing to the 55,049
extension. Any such extension shall extend the three-year time 55,050
limit in division (B) of section 5733.12 of the Revised Code for 55,051
the same period of time. There shall be no bar or limit to an 55,052
assessment against a corporation that fails to file a report 55,053
subject to assessment as required by this chapter, or that files 55,054
a fraudulent report. 55,055
The commissioner shall give the corporation assessed 55,057
written notice of the assessment by personal service or certified 55,058
mail. Any portion of the assessment that is not paid within 55,059
thirty days after service of the notice of assessment shall, in 55,060
lieu of bearing subsequent interest as provided in section 55,061
5733.26 of the Revised Code, bear interest at the rate per annum 55,062
prescribed by section 5703.47 of the Revised Code from the 55,063
thirty-first day after service of the notice of assessment until 55,064
the date the portion is paid. 55,065
(B) Unless the corporation to which the notice of 55,067
1241
assessment is directed files with the commissioner within thirty 55,068
days after service thereof, either personally or by certified 55,069
mail, a petition for reassessment in writing, signed by the 55,070
authorized agent of the corporation assessed having knowledge of 55,071
the facts, and makes payment of the portion of the assessment 55,072
required by division (E) of this section, the assessment shall 55,073
become conclusive FINAL, and the amount of the assessment shall 55,074
be due and payable from the corporation assessed to the treasurer 55,076
of state. The petition shall indicate the corporation's 55,077
objections, but additional objections may be raised in writing if 55,078
received prior to the date shown on the final determination by 55,079
the commissioner. 55,080
Unless the petitioner waives a hearing, the commissioner 55,082
shall assign a time and place for the hearing on the petition and 55,083
notify the petitioner of the time and place of the hearing by 55,084
personal service or certified mail, but the commissioner may 55,085
continue the hearing from time to time if necessary. 55,086
The commissioner may make such correction to his THE 55,088
assessment as he THE COMMISSIONER finds proper. The commissioner 55,089
shall serve a copy of his THE final determination on the 55,090
petitioner by personal service or by certified mail, and his THE 55,092
COMMISSIONER'S decision in the matter shall be final, subject to 55,094
appeal as provided in section 5717.02 of the Revised Code. Only 55,095
objections decided on the merits by the board of tax appeals or a 55,096
court shall be given collateral estoppel or res judicata effect 55,097
in considering an application for refund of amounts paid pursuant 55,098
to the assessment.
(C) After an assessment becomes final, if any portion of 55,100
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 55,101
certified copy of the commissioner's entry making the assessment 55,103
final may be filed in the office of the clerk of the court of 55,104
common pleas in the county in which the corporation has an office 55,105
or place of business in this state, the county in which the 55,106
corporation's statutory agent is located, or Franklin county. 55,107
1242
Immediately upon the filing of the entry, the clerk shall 55,109
enter a judgment against the corporation assessed in the amount 55,110
shown on the entry. The judgment may be filed by the clerk in a 55,111
loose-leaf book entitled "special judgments for state corporate 55,112
franchise and litter taxes."," AND SHALL HAVE THE SAME EFFECT AS 55,114
OTHER JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON
THE REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO 55,115
SALES ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT. 55,116
From the date of the filing of the entry in the clerk's 55,118
office, the unpaid THE portion of an assessment NOT PAID WITHIN 55,119
THIRTY DAYS AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear 55,120
interest at the rate per annum prescribed by section 5703.47 of 55,121
the Revised Code and shall have the same effect as other 55,122
judgments. Execution shall be issued upon the judgment upon 55,123
request of the commissioner, and all laws applicable to sales on 55,124
execution shall be applicable to sales made under the judgment 55,125
FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL THE 55,127
ASSESSMENT IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS 55,128
THE TAX AND MAY BE COLLECTED BY ISSUING AN ASSESSMENT UNDER THIS 55,129
SECTION.
(D) All money collected under this section shall be 55,131
considered as revenue arising from the taxes imposed by this 55,132
chapter. 55,133
(E) The portion of an assessment which must be paid upon 55,135
the filing of a petition for reassessment shall be as follows: 55,136
(1) If the sole item objected to is the assessed penalty 55,138
or interest, full payment of the assessment including penalty and 55,139
interest is required; 55,140
(2) If the corporation assessed failed to file, prior to 55,142
the date of issuance of the assessment, the annual report 55,143
required by section 5733.02 of the Revised Code, any amended 55,144
report required by division (C) of section 5733.031 of the 55,145
Revised Code for the tax year at issue, or any amended report 55,146
required by division (D) of section 5733.067 of the Revised Code 55,147
1243
to indicate a reduction in the amount of the credit provided 55,148
under that section, full payment of the assessment including 55,149
penalty and interest is required; 55,150
(3) If the corporation assessed filed, prior to the date 55,152
of issuance of the assessment, the annual report required by 55,153
section 5733.02 of the Revised Code, all amended reports required 55,154
by division (C) of section 5733.031 of the Revised Code for the 55,155
tax year at issue, and all amended reports required by division 55,156
(D) of section 5733.067 of the Revised Code to indicate a 55,157
reduction in the amount of the credit provided under that 55,158
section, and a balance of the taxes shown due on the reports as 55,159
computed on the reports remains unpaid, payment of only that 55,160
portion of the assessment representing the unpaid balance is 55,161
required; 55,162
(4) If the corporation assessed does not dispute that it 55,164
is a taxpayer but claims the protections of section 101 of Public 55,165
Law 86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of 55,166
only that portion of the assessment representing any balance of 55,167
taxes shown due on the corporation's annual report required by 55,168
section 5733.02 of the Revised Code, as computed on the report, 55,169
that remains unpaid, and that represents taxes imposed by 55,170
division (C) of section 5733.06, division (C)(2) of section 55,171
5733.065, and division (C) of section 5733.066 of the Revised 55,172
Code, is required; 55,173
(5) If none of the conditions specified in divisions 55,175
(E)(1) to (4) of this section apply, or if the corporation 55,176
assessed disputes that it is a taxpayer, no payment is required. 55,177
(F) Notwithstanding the fact that a petition for 55,179
reassessment is pending, the corporation may pay all or a portion 55,180
of the assessment that is the subject of the petition. The 55,181
acceptance of a payment by the treasurer of state does not 55,182
prejudice any claim for refund upon final determination of the 55,183
petition. 55,184
If upon final determination of the petition an error in the 55,186
1244
assessment is corrected by the commissioner, upon petition so 55,187
filed or pursuant to a decision of the board of tax appeals or 55,188
any court to which the determination or decision has been 55,189
appealed, so that the amount due from the corporation under the 55,190
corrected assessment is less than the portion paid, there shall 55,191
be issued to the corporation, its assigns, or legal 55,192
representative a refund in the amount of the overpayment as 55,193
provided by section 5733.12 of the Revised Code, with interest on 55,194
that amount as provided by section 5733.26 of the Revised Code, 55,195
subject to section 5733.121 of the Revised Code. 55,196
Sec. 5733.12. (A) Four and two-tenths per cent of all 55,206
payments received by the treasurer of state FROM THE TAXES 55,207
IMPOSED under this chapter SECTIONS 5733.06 AND 5733.41 OF THE 55,208
REVISED CODE shall be credited to the local government fund for 55,209
distribution in accordance with section 5747.50 of the Revised 55,210
Code, six-tenths of one per cent shall be credited to the local 55,212
government revenue assistance fund for distribution in accordance
with section 5747.61 of the Revised Code, and ninety-five and 55,215
two-tenths per cent shall be credited to the general revenue 55,216
fund.
(B) An EXCEPT AS OTHERWISE PROVIDED UNDER DIVISIONS (C) 55,220
AND (D) OF THIS SECTION, AN application to refund to the 55,222
corporation the amount of taxes IMPOSED UNDER SECTION 5733.06 OF 55,223
THE REVISED CODE THAT ARE overpaid, paid illegally or 55,224
erroneously, or paid on any illegal, erroneous, or excessive 55,225
assessment, with interest thereon as provided by section 5733.26 55,226
of the Revised Code, shall be filed with the tax commissioner, on 55,227
the form prescribed by him THE COMMISSIONER, within three years 55,228
from the date of the illegal, erroneous, or excessive payment of 55,229
the tax, or within any additional period allowed by division 55,230
(C)(2) of section 5733.031, division (D)(2) of section 5733.067, 55,231
or division (A) of section 5733.11 of the Revised Code. 55,232
On the filing of the refund application, the commissioner 55,234
shall determine the amount of refund due and certify such amount 55,235
1245
to the director of budget and management and treasurer of state 55,236
for payment from the tax refund fund created by section 5703.052 55,237
of the Revised Code. 55,238
(C) "NINETY DAYS" SHALL BE SUBSTITUTED FOR "THREE YEARS" 55,241
IN DIVISION (B) OF THIS SECTION IF THE TAXPAYER SATISFIES BOTH OF 55,242
THE FOLLOWING: 55,243
(1) THE TAXPAYER HAS APPLIED FOR A REFUND BASED IN WHOLE 55,245
OR IN PART UPON SECTION 5733.0611 OF THE REVISED CODE; 55,248
(2) THE TAXPAYER ASSERTS THAT THE IMPOSITION OR COLLECTION 55,250
OF THE TAX IMPOSED OR CHARGED BY SECTION 5733.06 OF THE REVISED 55,251
CODE OR ANY PORTION OF SUCH TAX VIOLATES THE CONSTITUTION OF THE 55,252
UNITED STATES OR THE CONSTITUTION OF THIS STATE. 55,256
(D)(1) DIVISION (D)(2) OF THIS SECTION APPLIES ONLY IF ALL 55,260
OF THE FOLLOWING CONDITIONS ARE SATISFIED:
(a) A QUALIFYING PASS-THROUGH ENTITY PAYS AN AMOUNT OF THE 55,263
TAX IMPOSED BY SECTION 5733.41 OF THE REVISED CODE; 55,265
(b) THE TAXPAYER IS A QUALIFYING INVESTOR AS TO THAT 55,268
QUALIFYING PASS-THROUGH ENTITY;
(c) THE TAXPAYER DID NOT CLAIM THE CREDIT PROVIDED FOR IN 55,271
SECTION 5733.0611 OF THE REVISED CODE AS TO THE TAX DESCRIBED IN 55,273
DIVISION (D)(1)(a) OF THIS SECTION; 55,276
(d) THE THREE-YEAR PERIOD DESCRIBED IN DIVISION (B) OF 55,279
THIS SECTION HAS ENDED AS TO THE TAXABLE YEAR FOR WHICH THE 55,280
TAXPAYER OTHERWISE WOULD HAVE CLAIMED THAT CREDIT. 55,281
(2) A TAXPAYER SHALL FILE AN APPLICATION FOR REFUND 55,283
PURSUANT TO THIS DIVISION WITHIN ONE YEAR AFTER THE DATE THE 55,284
PAYMENT DESCRIBED IN DIVISION (D)(1)(a) OF THIS SECTION IS MADE. 55,287
AN APPLICATION FILED UNDER THIS DIVISION SHALL ONLY CLAIM REFUND 55,288
OF OVERPAYMENTS RESULTING FROM THE TAXPAYER'S FAILURE TO CLAIM 55,289
THE CREDIT DESCRIBED IN DIVISION (D)(1)(c) OF THIS SECTION. 55,291
NOTHING IN THIS DIVISION SHALL BE CONSTRUED TO RELIEVE A TAXPAYER 55,292
FROM COMPLYING WITH THE PROVISIONS OF DIVISION (I)(13) OF SECTION 55,293
5733.04 OF THE REVISED CODE. 55,295
Sec. 5733.121. Any refund, including interest thereon, 55,304
1246
that IF a corporation is entitled to A REFUND under section 55,306
5733.11 or 5733.12 of the Revised Code shall be reduced by the
amount of IS INDEBTED TO THIS STATE FOR any tax indebtedness due 55,307
the OR FEE ADMINISTERED BY THE TAX COMMISSIONER THAT IS PAID TO 55,308
THE state from OR TO THE CLERK OF COURTS PURSUANT TO SECTION 55,309
4505.06 OF THE REVISED CODE, OR ANY CHARGE, PENALTY, OR INTEREST 55,310
ARISING FROM SUCH A TAX OR FEE, the corporation. The amount of 55,312
such reduction shall REFUNDABLE MAY be applied in satisfaction of 55,313
such indebtedness THE DEBT. If the amount refundable is less 55,314
than the amount of such indebtedness THE DEBT, it shall MAY be 55,315
applied in partial satisfaction of such indebtedness THE DEBT. 55,316
IF THE AMOUNT REFUNDABLE IS GREATER THAN THE AMOUNT OF THE DEBT, 55,317
THE AMOUNT REMAINING AFTER SATISFACTION OF THE DEBT SHALL BE 55,318
REFUNDED. IF THE CORPORATION HAS MORE THAN ONE SUCH DEBT, ANY 55,319
DEBT SUBJECT TO SECTION 5739.33 OR DIVISION (G) OF SECTION 55,320
5747.07 OF THE REVISED CODE SHALL BE SATISFIED FIRST. THIS
SECTION APPLIES ONLY TO DEBTS THAT HAVE BECOME FINAL. 55,321
The tax commissioner may, with the consent of the taxpayer, 55,323
provide for the crediting, against tax due for any tax year, of 55,324
the amount of any refund due the taxpayer under this chapter for 55,325
a preceding tax year. 55,326
As used in this section, "tax indebtedness due the state" 55,328
or "such indebtedness" means the unpaid portion of an assessment 55,329
for any tax, penalty, or interest payable to the general revenue 55,330
fund or imposed under this chapter, to the extent such assessment 55,331
has become conclusive and has been or otherwise would be brought 55,332
to judgment, together with any additional penalties or interest 55,333
accrued. 55,334
Sec. 5733.26. (A) If the tax imposed by this chapter 55,343
SECTION 5733.06 OF THE REVISED CODE, or any portion of that tax, 55,345
whether determined by the tax commissioner or the taxpayer, is 55,346
not paid on or before the date prescribed for its payment, 55,347
interest shall be assessed, collected, and paid, in the same 55,348
manner as the tax, upon such unpaid amount at the rate per annum 55,349
1247
prescribed by section 5703.47 of the Revised Code from the date 55,350
prescribed for its payment until it is paid OR UNTIL THE DAY AN 55,351
ASSESSMENT IS ISSUED UNDER SECTION 5733.11 OF THE REVISED CODE, 55,352
WHICHEVER OCCURS FIRST.
(B) Interest shall be allowed and paid at the rate per 55,354
annum prescribed by section 5703.47 of the Revised Code upon 55,355
amounts refunded with respect to the tax imposed by this chapter 55,356
SECTION 5733.06 OF THE REVISED CODE. The interest shall run from 55,357
whichever of the following dates is the latest until the date the 55,359
refund is paid: the date of the illegal, erroneous, or excessive 55,360
payment; the ninetieth day after the final date the annual report 55,361
under section 5733.02 of the Revised Code was required to be 55,362
filed; or the ninetieth day after the date that report was filed. 55,363
If the overpayment results from the carryback of a net 55,365
capital loss to a previous taxable year, the overpayment is 55,366
deemed not to have been made prior to the filing date, including 55,367
any extension thereof, for the taxable year in which the net 55,368
capital loss arises. 55,369
Sec. 5733.31. (A) As used in this section: 55,378
(1) "Component member" has the same meaning as in section 55,380
1563(b) of the Internal Revenue Code. 55,381
(2) "Controlled group" has the same meaning as in section 55,383
179(d)(7) of the Internal Revenue Code. 55,384
(3) "Cost" has the same meaning as in section 179(d)(3) of 55,386
the Internal Revenue Code. 55,387
(4) "Eighteen-month period" means the eighteen-month 55,389
period that begins January 1, 1995, and ends June 30, 1996. 55,390
(5) "Manufacturer" has the same meaning as in section 55,392
5711.16 of the Revised Code. 55,393
(6) "Manufacturing machinery or equipment" has the same 55,395
meaning as "engines and machinery, and tools and implements, of 55,396
every kind used, or designed to be used, in refining and 55,397
manufacturing" in section 5711.16 of the Revised Code. 55,398
(7) "New manufacturing machinery or equipment" means 55,400
1248
manufacturing machinery or equipment, the original use of which 55,401
commences with the taxpayer or with a partnership of which the 55,402
taxpayer is a partner. 55,403
(8) "Purchase" has the same meaning as in section 55,405
179(d)(2) of the Internal Revenue Code. 55,406
(B) A nonrefundable credit is allowed against the tax 55,408
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE for a 55,409
taxpayer that purchases new manufacturing machinery or equipment 55,411
that the taxpayer locates in this state and uses as a 55,412
manufacturer. The credit also is allowed for a taxpayer that is 55,413
a direct or indirect partner in a partnership that purchases new 55,414
manufacturing machinery or equipment that the partnership locates 55,415
in this state and uses as a manufacturer. In either event, the 55,416
credit is available only if both of the following conditions are 55,417
met:
(1) The purchases are made during the eighteen-month 55,419
period; 55,420
(2) In the case of such new manufacturing machinery or 55,422
equipment purchased by the taxpayer, the cumulative cost of the 55,423
new machinery or equipment, when added to the cumulative cost of 55,424
any other such manufacturing machinery or equipment purchased by 55,425
other component members of a controlled group of corporations of 55,426
which the taxpayer is a component member, equals or exceeds 55,427
twenty per cent of the aggregate cost of all tangible personal 55,428
property located in the United States and owned by the taxpayer 55,429
or other component members of a controlled group of corporations 55,430
of which the taxpayer is a component member, at the close of the 55,431
taxpayer's most recent taxable year ending before the 55,432
eighteen-month period. In the case of such new manufacturing 55,433
machinery or equipment purchased by a partnership of which the 55,434
taxpayer is a direct or indirect partner, the cumulative cost of 55,435
such property equals or exceeds twenty per cent of the aggregate 55,436
cost of all tangible personal property located in the United 55,437
States and owned by the partnership at the close of its most 55,438
1249
recent federal taxable year ending before the eighteen-month 55,439
period, and the taxpayer's distributive share of such cumulative 55,440
cost, when added to the cumulative cost of any other such new 55,441
manufacturing machinery or equipment purchased by the taxpayer or 55,442
other component members of a controlled group of corporations of 55,443
which the taxpayer is a component member, equals or exceeds 55,444
twenty per cent of the aggregate cost of all tangible personal 55,445
property located in the United States and owned by the taxpayer 55,446
or other component members of a controlled group of corporations 55,447
of which the taxpayer is a component member, at the close of the 55,448
taxpayer's most recent taxable year ending before the 55,449
eighteen-month period. 55,450
(C) The amount of the credit equals twenty per cent of the 55,452
cost of the new manufacturing machinery and equipment located and 55,453
used in this state by the manufacturer. However, the aggregate 55,454
credit allowed to any taxpayer, or if the taxpayer is a component 55,455
member of a controlled group of corporations, to the controlled 55,456
group, shall not exceed five hundred thousand dollars. If the 55,457
manufacturing machinery and equipment is purchased by a 55,458
partnership, the five-hundred-thousand-dollar limit applies both 55,459
to the partnership and to the taxpayer or controlled group. The 55,460
taxpayer shall be allowed its distributive share of any credit 55,461
available through the partnership, and such share shall be 55,462
aggregated with any other credit available to the taxpayer or 55,463
controlled group under this section before applying the 55,464
five-hundred-thousand-dollar limit to the taxpayer or controlled 55,465
group. The taxpayer may allocate the amount of credit, as so 55,466
limited, among any of its taxable years that end after the 55,467
purchase is made and include any portion of the eighteen-month 55,468
period. The taxpayer shall claim the credit in the order 55,469
required under section 5733.98 of the Revised Code. Any credit 55,470
amount in excess of the tax due under this chapter after allowing 55,471
for any other credits that precede the credit under this section 55,472
in that order may be carried forward for three taxable years 55,473
1250
after the last taxable year that includes any portion of the 55,474
eighteen-month period, but the amount of the excess credit 55,475
allowed in any such year shall be deducted from the balance 55,476
carried forward to the next year. 55,477
(D) Nothing in this section shall be construed to limit or 55,479
disallow pass-through treatment of a partnership's income, 55,480
deductions, credits, or other amounts necessary to compute the 55,481
tax imposed BY SECTION 5733.06 OF THE REVISED CODE and the 55,482
credits allowed by this chapter. 55,483
Sec. 5733.311. (A) As used in this section: 55,492
(1) "Component member" has the same meaning as in section 55,494
1563(b) of the Internal Revenue Code. 55,495
(2) "Controlled group" has the same meaning as in section 55,497
179(d)(7) of the Internal Revenue Code. 55,499
(3) "Cost" has the same meaning as in section 179(d)(3) of 55,501
the Internal Revenue Code. 55,502
(4) "Seven-month period" means the seven-month period that 55,505
begins December 1, 1995, and ends June 30, 1996.
(5) "Manufacturer" has the same meaning as in section 55,507
5711.16 of the Revised Code. 55,508
(6) "Manufacturing machinery or equipment" has the same 55,510
meaning as "engines and machinery, and tools and implements, of 55,511
every kind used, or designed to be used, in refining and 55,512
manufacturing" in section 5711.16 of the Revised Code. 55,513
(7) "New manufacturing machinery or equipment" means 55,515
manufacturing machinery or equipment, the original use of which 55,516
commences with the taxpayer or with a partnership of which the 55,517
taxpayer is a partner. 55,518
(8) "Purchase" has the same meaning as in section 55,520
179(d)(2) of the Internal Revenue Code. 55,522
(B) A nonrefundable credit is allowed against the tax 55,524
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE for a 55,525
taxpayer that purchases new manufacturing machinery or equipment 55,527
that the taxpayer locates in this state and uses as a 55,528
1251
manufacturer. The credit also is allowed for a taxpayer that is 55,529
a direct or indirect partner in a partnership that purchases new 55,530
manufacturing machinery or equipment that the partnership locates 55,531
in this state and uses as a manufacturer. In either event, the 55,532
credit is available only if the following conditions are met: 55,533
(1) The purchases are made during the seven-month period; 55,537
(2) In the case of such new manufacturing machinery or 55,539
equipment purchased by the taxpayer, the cumulative cost of the 55,541
new machinery or equipment, when added to the cumulative cost of 55,543
any other such manufacturing machinery or equipment purchased by 55,544
other component members of a controlled group of corporations of 55,545
which the taxpayer is a component member, equals or exceeds 55,546
twenty per cent of the aggregate of the cost of all manufacturing 55,548
machinery or equipment located in the United States and owned by 55,550
the taxpayer or other component members of a controlled group of 55,551
corporations of which the taxpayer is a component member, at the 55,552
close of the taxpayer's most recent taxable year ending before 55,553
January 1, 1995. In the case of such new manufacturing machinery 55,555
or equipment purchased by a partnership of which the taxpayer is 55,556
a direct or indirect partner, the cumulative cost of such 55,557
property equals or exceeds twenty per cent of the aggregate of 55,558
the cost of all manufacturing machinery or equipment located in 55,560
the United States and owned by the partnership at the close of 55,561
its most recent federal taxable year ending before January 1, 55,563
1995, and the taxpayer's distributive share of such cumulative 55,564
cost, when added to the cumulative cost of any other such new 55,566
manufacturing machinery or equipment purchased by the taxpayer or 55,567
other component members of a controlled group of corporations of 55,568
which the taxpayer is a component member, equals or exceeds 55,569
twenty per cent of the aggregate of the cost of all manufacturing 55,571
machinery or equipment located in the United States and owned by 55,572
the taxpayer or other component members of a controlled group of 55,573
corporations of which the taxpayer is a component member, at the 55,574
close of the taxpayer's most recent taxable year ending before 55,575
1252
January 1, 1995.
(3) The taxpayer does not claim a credit under section 55,577
5733.31 of the Revised Code for purchases of new manufacturing 55,578
machinery and equipment.
(C) In the case of new manufacturing machinery and 55,580
equipment purchased by a manufacturer, the amount of the credit 55,581
equals twenty per cent of the cost of the new manufacturing 55,583
machinery and equipment located and used in this state by the 55,584
manufacturer. However, the aggregate credit allowed to any 55,585
taxpayer, or if the taxpayer is a component member of a 55,586
controlled group of corporations, to the controlled group, shall 55,587
not exceed five hundred thousand dollars. If the manufacturing 55,588
machinery and equipment is purchased by a partnership, the 55,589
five-hundred-thousand-dollar limit applies both to the 55,590
partnership and to the taxpayer or controlled group. The
taxpayer shall be allowed its distributive share of any credit 55,591
available through the partnership, and such share shall be 55,592
aggregated with any other credit available to the taxpayer or 55,593
controlled group under this section before applying the 55,594
five-hundred-thousand-dollar limit to the taxpayer or controlled 55,595
group. The taxpayer may allocate the amount of credit, as so 55,596
limited, among any of its taxable years that end after the 55,597
purchase is made, and that include any portion of the seven-month 55,600
period. The taxpayer shall claim the credit in the order 55,601
required under section 5733.98 of the Revised Code. Any credit 55,603
amount in excess of the tax due under this chapter after allowing 55,604
for any other credits that precede the credit under this section 55,605
in that order may be carried forward for three taxable years 55,606
after the last taxable year that includes any portion of the 55,607
seven-month period, but the amount of the excess credit allowed 55,609
in any such year shall be deducted from the balance carried 55,610
forward to the next year.
(D) Nothing in this section shall be construed to limit or 55,612
disallow pass-through treatment of a partnership's income, 55,613
1253
deductions, credits, or other amounts necessary to compute the 55,614
tax imposed BY SECTION 5733.06 OF THE REVISED CODE and the 55,615
credits allowed by this chapter. 55,616
Sec. 5733.32. (A) As used in this section: 55,625
(1) "Qualifying property" means any property, plant, or 55,627
equipment used to produce grapes in this state, and includes but 55,628
is not limited to land and improvements to land, grape seeds and 55,629
vines, stakes, wiring, tractors, and other machinery used in the 55,630
growth, harvesting, or producing of grapes. 55,631
(2) "Related member" has the same meaning as in division 55,633
(A)(6) of section 5733.042 of the Revised Code, without regard to 55,634
division (B) of that section. 55,635
(B) A nonrefundable credit is allowed against the tax 55,637
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE for a 55,638
taxpayer engaged in the business of producing grapes that 55,640
purchases qualifying property on or after January 1, 1994. The 55,641
amount of the credit equals ten per cent of the cost of 55,642
purchasing and installing or constructing the qualifying 55,643
property. The taxpayer shall claim the credit for the taxable 55,644
year in which the qualifying property is placed in operation. 55,645
The taxpayer shall claim the credit in the order required under 55,646
section 5733.98 of the Revised Code. The taxpayer may carry 55,647
forward for the ensuing seven taxable years any credit amount in 55,648
excess of its tax due under this chapter SECTION 5733.06 OF THE 55,649
REVISED CODE for the taxable year in which the qualifying 55,650
property is placed in operation after allowing for any other 55,651
credits that precede the credit under this section in that order, 55,652
and shall deduct the amount of the excess credit allowed for any 55,653
such year from the balance carried forward to the next year. 55,654
However, if the taxpayer is subject to a recapture tax under 55,655
division (C)(1) of this section because it disposes of the 55,656
qualifying property or ceases to use it as qualifying property 55,657
during the seven-year recapture period prescribed under that 55,658
division, it may claim no credit in connection with that property 55,659
1254
for the taxable year of disposal or cessation or any ensuing 55,660
taxable year.
(C)(1) If, within the seven-year period after qualifying 55,662
property is placed in operation, the taxpayer disposes of the 55,663
property or ceases to use it as qualifying property, the amount 55,664
of tax otherwise imposed on the taxpayer by this chapter SECTION 55,665
5733.06 OF THE REVISED CODE shall be increased for the taxable 55,667
year in which the property is disposed of or ceases to be used as 55,668
qualifying property. The amount of the increase shall equal the 55,669
recapture percentage multiplied by the aggregate credit the 55,670
taxpayer has been allowed under this section for all prior 55,671
taxable years in connection with that property. The recapture 55,672
percentage shall be determined in accordance with the following 55,673
table:
If the property is disposed of 55,677
or ceases to be used as 55,677
qualifying property within
this amount of time after The recapture 55,682
being placed in operation: percentage is:
one year 100% 55,684
two years 86% 55,685
three years 72% 55,686
four years 58% 55,687
five years 44% 55,688
six years 30% 55,689
seven years 15% 55,690
(2) Division (C)(1) of this section does not apply in 55,692
either of the following circumstances: 55,693
(a) The qualifying property is transferred to a related 55,695
member and the related member continues to use the property to 55,696
produce grapes in this state; 55,697
(b) There is an involuntary disposition of the qualifying 55,699
property. The involuntary disposition may be due to, without 55,700
limitation, a bankruptcy, a receivership, or destruction by 55,701
1255
natural forces. 55,702
(D) The tax commissioner, by rule, may prescribe 55,704
guidelines for taxpayers to use in determining if their property 55,705
is qualifying property for the purposes of this section. 55,706
Sec. 5733.33. (A) As used in this section: 55,715
(1) "Manufacturing machinery and equipment" means engines 55,717
and machinery, and tools and implements, of every kind used, or 55,718
designed to be used, in refining and manufacturing. 55,719
(2) "New manufacturing machinery and equipment" means 55,721
manufacturing machinery and equipment, the original use in this 55,722
state of which commences with the taxpayer or with a partnership 55,723
of which the taxpayer is a partner. 55,724
(3)(a) "Purchase" has the same meaning as in section 55,727
179(d)(2) of the Internal Revenue Code. 55,728
(b) Any purchase, for purposes of this section, is 55,730
considered to occur at the time the agreement to acquire the 55,731
property to be purchased becomes binding. 55,732
(c) Notwithstanding section 179(d) of the Internal Revenue 55,737
Code, a taxpayer's direct or indirect acquisition of new 55,738
manufacturing machinery and equipment is not purchased on or 55,739
after July 1, 1995, if the taxpayer, or a person whose 55,741
relationship to the taxpayer is described in subparagraphs (A), 55,742
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 55,748
had directly or indirectly entered into a binding agreement to 55,749
acquire the property at any time prior to July 1, 1995. 55,751
(4) "Qualifying period" means the period that begins July 55,753
1, 1995, and ends December 31, 1998 2000. 55,754
(5) "County average new manufacturing machinery and 55,756
equipment investment" means either of the following: 55,757
(a) The average annual cost of new manufacturing machinery 55,760
and equipment purchased for use in the county during calendar 55,761
BASELINE years 1992, 1993, and 1994, in the case of a taxpayer or 55,763
partnership that was in existence for more than one year during 55,764
calendar BASELINE years 1992, 1993, and 1994.
1256
(b) Zero, in the case of a taxpayer or partnership that 55,766
was not in existence for more than one year during calendar 55,767
BASELINE years 1992, 1993, and 1994. 55,768
(6) "Partnership" includes a limited liability company 55,771
formed under Chapter 1705. of the Revised Code or under the laws 55,773
of any other state, provided that the company is not classified 55,774
for federal income tax purposes as an association taxable as a 55,775
corporation. 55,776
(7) "Partner" includes a member of a limited liability 55,778
company formed under Chapter 1705. of the Revised Code or under 55,781
the laws of any other state, provided that the company is not 55,782
classified for federal income tax purposes as an association 55,783
taxable as a corporation. 55,784
(8) "Distressed area" means either a municipal corporation 55,786
that has a population of at least fifty thousand or a county that 55,788
meets two of the following criteria of economic distress, or a 55,789
municipal corporation the majority of the population of which is 55,790
situated in such a county:
(a) Its average rate of unemployment, during the most 55,793
recent five-year period for which data are available, is equal to 55,794
at least one hundred twenty-five per cent of the average rate of 55,795
unemployment for the United States for the same period; 55,797
(b) It has a per capita income equal to or below eighty 55,800
per cent of the median county per capita income of the United 55,801
States as determined by the most recently available figures from 55,803
the United States census bureau; 55,805
(c)(i) In the case of a municipal corporation, at least 55,808
twenty per cent of the residents have a total income for the most 55,809
recent census year that is below the official poverty line; 55,810
(ii) In the case of a county, in intercensal years, the 55,813
county has a ratio of transfer payment income to total county 55,814
income equal to or greater than twenty-five per cent. 55,815
(9) "Eligible area" means a distressed area, a labor 55,817
surplus area, an inner city area, or a situational distress area. 55,819
1257
(10) "Inner city area" means, in a municipal corporation 55,821
that has a population of at least one hundred thousand and does 55,822
not meet the criteria of a labor surplus area or a distressed 55,823
area, targeted investment areas established by the municipal 55,824
corporation within its boundaries that are comprised of the most 55,825
recent census block tracts that individually have at least twenty 55,826
per cent of their population at or below the state poverty level 55,827
or other census block tracts contiguous to such census block 55,828
tracts.
(11) "Labor surplus area" means an area designated as a 55,830
labor surplus area by the United States department of labor. 55,832
(12) "Official poverty line" has the same meaning as in 55,834
division (A) of section 3923.51 of the Revised Code. 55,837
(13) "Situational distress area" means a county or a 55,839
municipal corporation that has experienced or is experiencing a 55,840
closing or downsizing of a major employer, that will adversely 55,841
affect the county's or municipal corporation's economy. In order 55,843
to be designated as a situational distress area for a period not 55,844
to exceed thirty-six months, the county or municipal corporation 55,845
may petition the Director DIRECTOR of Development DEVELOPMENT. 55,846
The petition shall include written documentation that 55,847
demonstrates all of the following adverse effects on the local 55,848
economy:
(a) The number of jobs lost by the closing or downsizing; 55,850
(b) The impact that the job loss has on the county's or 55,853
municipal corporation's unemployment rate as measured by the Ohio 55,854
Bureau BUREAU of Employment Services EMPLOYMENT SERVICES; 55,855
(c) The annual payroll associated with the job loss; 55,858
(d) The amount of state and local taxes associated with 55,861
the job loss;
(e) The impact that the closing or downsizing has on the 55,864
suppliers located in the county or municipal corporation. 55,865
(14) "Cost" has the same meaning and limitation as in 55,867
section 179(d)(3) of the Internal Revenue Code. 55,869
1258
(15) "Pass-through entity" has the same meaning as in 55,871
section 5747.057 of the Revised Code. BASELINE YEARS" MEANS: 55,872
(a) CALENDAR YEARS 1992, 1993, AND 1994, WITH REGARD TO A 55,874
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 1995, 1996, 55,875
1997, OR 1998 OF NEW MANUFACTURING MACHINERY AND EQUIPMENT; 55,876
(b) CALENDAR YEARS 1993, 1994, AND 1995, WITH REGARD TO A 55,878
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 1999 OF NEW 55,879
MANUFACTURING MACHINERY AND EQUIPMENT; 55,880
(c) CALENDAR YEARS 1994, 1995, AND 1996, WITH REGARD TO A 55,882
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2000 OF NEW 55,883
MANUFACTURING MACHINERY AND EQUIPMENT. 55,884
(B)(1) A nonrefundable credit is allowed against the tax 55,887
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE for a
taxpayer that purchases new manufacturing machinery and equipment 55,889
during the qualifying period, provided that the new manufacturing 55,890
machinery and equipment is installed in this state no later than 55,891
December 31, 1999 2001. 55,892
(2) The credit is also available to a taxpayer that is a 55,894
partner in a partnership that purchases new manufacturing 55,895
machinery and equipment during the qualifying period, provided 55,896
that the partnership installs the new manufacturing machinery and 55,897
equipment in this state no later than December 31, 1999 2001. 55,898
The taxpayer shall determine the credit amount as provided in 55,900
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 55,903
of this section, a credit may be claimed under this section in 55,904
excess of one million dollars only if the cost of all 55,905
manufacturing machinery and equipment owned in this state by the 55,906
taxpayer claiming the credit on the last day of the calendar year 55,907
exceeds the cost of all manufacturing machinery and equipment 55,908
owned in this state by the taxpayer on the first day of that 55,909
calendar year.
As used in division (B)(3)(a) of this section, "calendar 55,912
year" means the calendar year in which the machinery and
1259
equipment for which the credit is claimed was purchased. 55,913
(b) Division (B)(3)(a) of this section does not apply if 55,917
the taxpayer claiming the credit applies for and is issued a 55,918
waiver of the requirement of that division. A taxpayer may apply 55,919
to the director of the department of development for such a 55,920
waiver in the manner prescribed by the director, and the director 55,921
may issue such a waiver if the director determines that granting 55,922
the credit is necessary to increase or retain employees in this 55,924
state, and that the credit has not caused relocation of 55,925
manufacturing machinery and equipment among counties within this 55,926
state for the primary purpose of qualifying for the credit. 55,927
(C)(1) Except as otherwise provided in division (C)(2) of 55,930
this section, the credit amount is equal to seven and one-half 55,931
per cent of the excess of the cost of the new manufacturing 55,932
machinery and equipment purchased during the calendar year for 55,933
use in a county over the county average new manufacturing 55,934
machinery and equipment investment for that county. 55,935
(2) As used in division (C)(2) of this section, "county 55,939
excess" means the taxpayer's excess cost for a county as computed 55,940
under division (C)(1) of this section. 55,941
For a taxpayer with a county excess, whose purchases 55,943
included purchases for use in any eligible area in the county, 55,944
the credit amount is equal to thirteen and one-half per cent of 55,945
the cost of the new manufacturing machinery and equipment 55,947
purchased during the calendar year for use in the eligible areas 55,948
in the county, provided that the cost subject to the thirteen and 55,949
one-half per cent rate shall not exceed the county excess. If 55,950
the county excess is greater than the cost of the new 55,951
manufacturing machinery and equipment purchased during the 55,953
calendar year for use in eligible areas in the county, the credit 55,954
amount also shall include an amount equal to seven and one-half 55,956
per cent of the amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 55,958
manufacturing machinery and equipment in more than one county or 55,959
1260
eligible area, it shall aggregate the amount of those credits 55,961
each year.
(4) The taxpayer shall claim one-seventh of the credit 55,963
amount for the tax year immediately following the calendar year 55,964
in which the new manufacturing machinery and equipment is 55,965
purchased for use in the county by the taxpayer or partnership. 55,967
One-seventh of the taxpayer credit amount is allowed for each of 55,968
the six ensuing tax years. Except for carried-forward amounts, 55,969
the taxpayer is not allowed any credit amount remaining if the 55,970
new manufacturing machinery and equipment is sold by the taxpayer 55,972
or partnership or is transferred by the taxpayer or partnership 55,973
out of the county before the end of the seven-year period. 55,974
(5)(a) A taxpayer that acquires manufacturing machinery 55,976
and equipment as a result of a merger with the taxpayer with whom 55,978
commenced the original use in this state of the manufacturing 55,979
machinery and equipment, or with a taxpayer that was a partner in 55,980
a partnership with whom commenced the original use in this state 55,981
of the manufacturing machinery and equipment, is entitled to any 55,982
remaining or carried-forward credit amounts to which the taxpayer 55,983
was entitled.
(b) New manufacturing machinery and equipment is not 55,986
considered sold if a pass-through entity transfers to another 55,987
pass-through entity substantially all of its assets as part of a 55,988
plan of reorganization under which substantially all gain and 55,989
loss is not recognized by the pass-through entity that is 55,990
transferring the new manufacturing machinery and equipment to the 55,991
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 55,992
in part, by reference to the basis of the pass-through entity 55,993
which transferred the new manufacturing machinery and equipment 55,994
to the transferee. 55,995
(c) Division (C)(5) of this section shall apply only if 55,997
the acquiring taxpayer or transferee does not sell the new 55,999
manufacturing machinery and equipment or transfer the new 56,000
1261
manufacturing machinery and equipment out of the county before 56,001
the end of the seven-year period to which division (C)(4) of this 56,002
section refers. 56,003
(D) The taxpayer shall claim the credit in the order 56,006
required under section 5733.98 of the Revised Code. Each year, 56,007
any credit amount in excess of the tax due under this chapter 56,008
SECTION 5733.06 OF THE REVISED CODE after allowing for any other 56,010
credits that precede the credit under this section in that order 56,011
may be carried forward for three tax years. 56,012
(E) A taxpayer purchasing new manufacturing machinery and 56,015
equipment and intending to claim the credit shall file, with the 56,016
department of development, a notice of intent to claim the credit 56,017
on a form prescribed by the department of development. The 56,018
department of development shall inform the tax commissioner of 56,019
the notice of intent to claim the credit. 56,020
(F) The director of development shall annually certify, by 56,023
the first day of January of each year during the qualifying 56,024
period, the eligible areas for the tax credit for the calendar 56,025
year that includes that first day of January. The director shall 56,026
send a copy of the certification to the tax commissioner. 56,027
(G) New manufacturing machinery and equipment for which a 56,029
taxpayer claims the credit under section 5733.31, 5733.311, 56,031
5747.26, or 5747.261 of the Revised Code shall not be considered 56,033
new manufacturing machinery and equipment for purposes of the 56,034
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 56,036
partnership, the county average new manufacturing machinery and 56,038
equipment investment shall be determined based on the number of 56,039
years, if any, the partnership was in existence during calendar 56,040
BASELINE years 1992, 1993, and 1994. In determining the county 56,041
average new manufacturing machinery and equipment investment, the 56,043
excess of the cost of new manufacturing machinery and equipment 56,044
purchased during the calendar year, and all other amounts 56,045
necessary to calculate the credit allowed by this section, the 56,046
1262
taxpayer shall include the taxpayer's distributive share of the 56,047
cost of new manufacturing machinery and equipment purchased by a 56,048
partnership in which the corporation had a direct or indirect 56,049
investment during the calendar year prior to the first day of a 56,050
tax year for which the taxpayer is claiming the credit. These 56,051
determinations and calculations shall be made for the taxpayer's 56,052
calendar year during which the partnership made the purchase. 56,053
(2) Nothing in this section shall be construed to limit or 56,056
disallow pass-through treatment of a pass-through entity's 56,057
income, deductions, credits, or other amounts necessary to 56,058
compute the tax imposed BY SECTION 5733.06 OF THE REVISED CODE 56,059
and the credits allowed by this chapter. 56,060
Sec. 5733.34. (A) As used in this section: 56,071
(1) "Limited liability company" means a company formed 56,073
under Chapter 1705. of the Revised Code or under the laws of any 56,075
other state.
(2) "Partnership" includes a limited liability company if 56,078
the limited liability company is not treated as a corporation for
purposes of this chapter and is not classified as an association 56,079
taxable as a corporation for federal income tax purposes. 56,081
(3)(2) "Partner" includes a member of a limited liability 56,083
company if the limited liability company is not treated as a 56,085
corporation for purposes of this chapter and is not classified as 56,086
an association taxable as a corporation for federal income tax 56,088
purposes.
(B)(1) A nonrefundable credit is allowed against the tax 56,091
imposed by this chapter SECTION 5733.06 OF THE REVISED CODE for a 56,092
taxpayer that has entered into an agreement with the director of 56,093
development under section 122.19 122.16 of the Revised Code, or 56,094
for a taxpayer that is a partner in a partnership that has
entered into such an agreement. If a taxpayer is a partner in 56,095
such a partnership, the taxpayer shall be allowed its 56,096
distributive share of the credit available through the 56,098
partnership.
1263
(2) If a taxpayer enters into more than one agreement 56,100
under section 122.19 122.16 of the Revised Code, the taxpayer may 56,101
aggregate the amount of those credits each year. 56,103
(3) A taxpayer entitled to the credit allowed under this 56,105
section shall claim one-fifth of the credit amount for the tax 56,106
year immediately following the calendar year in which the 56,107
agreement is entered into, and one-fifth of the credit amount for 56,108
each of the four succeeding tax years.
(4) A taxpayer shall claim the credit in the order 56,110
provided under section 5733.98 of the Revised Code,. The amount 56,112
of the credit that a taxpayer may claim each year shall be the
amount indicated on the certificate issued by the director of 56,113
development under section 122.19 122.16 of the Revised Code, or 56,115
the taxpayer's distributive share of that amount if the taxpayer 56,117
is entitled to the credit through a partnership. The taxpayer 56,118
shall submit the certificate with the taxpayer's annual report
filed under section 5733.02 of the Revised Code. Each tax year, 56,120
any credit amount in excess of the tax due for that year under 56,121
this chapter SECTION 5733.06 OF THE REVISED CODE, after allowing 56,122
for all other credits preceding the credit in that order, may be 56,123
carried forward for no more than three tax years. 56,124
(5) A taxpayer shall not claim any credit amount 56,126
remaining, including any amounts carried forward from prior tax 56,127
years, for any tax year following the calendar year in which any 56,129
of the following events occur, except as otherwise provided under 56,131
division (B)(6) of this section: 56,132
(a) The taxpayer or partnership through which the taxpayer 56,135
is entitled to the credit enters into a compliance schedule
agreement pursuant to division (B)(3) of section 3746.12 of the 56,137
Revised Code; 56,138
(b) The taxpayer or partnership through which the taxpayer 56,141
is entitled to the credit has its covenant not to sue revoked
pursuant to Chapter 3746. of the Revised Code and rules adopted 56,145
under that chapter;
1264
(c) The covenant not to sue issued to the taxpayer or 56,147
partnership through which the taxpayer is entitled to the credit 56,149
is void pursuant to Chapter 3746. of the Revised Code; 56,151
(d) The director of development has determined that the 56,153
taxpayer, or a partnership through which the taxpayer is entitled 56,154
to the credit, has permitted the eligible site to be used in such 56,155
a manner as to cause the relocation of employment positions from 56,156
elsewhere in this state in violation of the commitment required 56,158
under division (D) of section 122.19 122.16 of the Revised Code. 56,159
If a taxpayer claims credits through more than one 56,161
partnership, division (B)(5) of this section prohibits that 56,162
taxpayer from claiming a credit through any of those partnerships 56,163
that has entered into a compliance schedule agreement, has had 56,165
its covenant not to sue revoked or voided, or has violated the 56,166
commitment required in division (D) of section 122.19 122.16 of 56,167
the Revised Code. Division (B)(5) of this section does not 56,169
prohibit such a taxpayer from claiming a credit through a
partnership that has not entered into a compliance schedule 56,170
agreement, has not had its covenant not to sue revoked or voided, 56,171
or has not violated the commitment required in division (D) of 56,172
section 122.19 122.16 of the Revised Code. 56,173
(6) If a taxpayer has been prohibited from claiming the 56,175
credit or a portion of the credit by reason of division (B)(5)(a) 56,177
of this section, and the taxpayer, or a partnership in which the 56,179
taxpayer is a partner, subsequently has returned the property to 56,180
compliance with applicable standards pursuant to the compliance 56,182
schedule agreement, the taxpayer may claim the credit for the tax 56,184
year following the calendar year in which the director of 56,185
environmental protection has determined that the taxpayer or
partnership has returned the property to compliance with 56,186
applicable standards and for each subsequent tax year for which 56,188
the taxpayer is otherwise allowed to claim the credit under 56,189
division (B)(3) of this section.
Sec. 5733.40. AS USED IN SECTIONS 5733.40 AND 5733.41 AND 56,192
1265
CHAPTER 5747. OF THE REVISED CODE: 56,193
(A)(1) "ADJUSTED QUALIFYING AMOUNT" MEANS EITHER OF THE 56,195
FOLLOWING: 56,196
(a) THE NET SUM OF A QUALIFYING INVESTOR'S DISTRIBUTIVE 56,198
SHARE OF THE INCOME, GAIN, EXPENSE, OR LOSS OF A QUALIFYING 56,200
PASS-THROUGH ENTITY FOR THE QUALIFYING TAXABLE YEAR OF THE 56,201
QUALIFYING PASS-THROUGH ENTITY MULTIPLIED BY THE APPORTIONMENT 56,202
FRACTION DEFINED IN DIVISION (B) OF THIS SECTION, SUBJECT TO 56,205
DIVISIONS (A)(2) TO (5) OF THIS SECTION; 56,207
(b) THE SUM OF A QUALIFYING BENEFICIARY'S SHARE OF THE 56,209
QUALIFYING NET INCOME AND QUALIFYING NET GAIN DISTRIBUTED BY A 56,211
QUALIFYING TRUST FOR THE QUALIFYING TAXABLE YEAR OF THE 56,213
QUALIFYING TRUST MULTIPLIED BY THE APPORTIONMENT FRACTION DEFINED 56,214
IN DIVISION (B) OF THIS SECTION, SUBJECT TO DIVISIONS (A)(2) TO 56,218
(5) OF THIS SECTION.
(2) THE SUM SHALL EXCLUDE ANY AMOUNT WHICH, PURSUANT TO 56,220
THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF OHIO, 56,228
OR ANY FEDERAL LAW IS NOT SUBJECT TO A TAX ON OR MEASURED BY NET 56,230
INCOME.
(3) THE SUM SHALL BE INCREASED BY ALL AMOUNTS REPRESENTING 56,233
EXPENSES THE TAXPAYER PAID TO OR INCURRED WITH RESPECT TO DIRECT 56,234
OR INDIRECT TRANSACTIONS WITH ONE OR MORE RELATED MEMBERS, 56,235
EXCLUDING THE COST OF GOODS SOLD CALCULATED IN ACCORDANCE WITH 56,236
SECTION 263A OF THE INTERNAL REVENUE CODE AND UNITED STATES 56,244
DEPARTMENT OF THE TREASURY REGULATIONS ISSUED THEREUNDER. 56,245
NOTHING IN DIVISION (A)(3) OF THIS SECTION SHALL BE CONSTRUED TO 56,248
LIMIT SOLELY TO THIS CHAPTER THE APPLICATION OF SECTION 263A OF 56,251
THE INTERNAL REVENUE CODE AND UNITED STATES DEPARTMENT OF THE 56,258
TREASURY REGULATIONS ISSUED THEREUNDER. 56,259
(4) THE SUM SHALL BE INCREASED BY ALL RECOGNIZED LOSSES, 56,261
OTHER THAN LOSSES FROM SALES OF COST OF GOODS SOLD CALCULATED IN 56,262
ACCORDANCE WITH SECTION 263A OF THE INTERNAL REVENUE CODE AND 56,264
UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS ISSUED 56,265
THEREUNDER, WITH RESPECT TO ALL DIRECT OR INDIRECT TRANSACTIONS 56,266
1266
WITH ONE OR MORE RELATED MEMBERS. LOSSES FROM THE SALES OF COST 56,267
OF GOODS SOLD SHALL BE CALCULATED IN ACCORDANCE WITH SECTION 482 56,268
OF THE INTERNAL REVENUE CODE AND UNITED STATES DEPARTMENT OF THE 56,275
TREASURY REGULATIONS ISSUED THEREUNDER. NOTHING IN DIVISION 56,277
(A)(4) OF THIS SECTION SHALL BE CONSTRUED TO LIMIT SOLELY TO THIS 56,278
CHAPTER THE APPLICATION OF SECTION 482 OF THE INTERNAL REVENUE 56,282
CODE AND UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS 56,286
ISSUED THEREUNDER. 56,287
(5) THE SUM SHALL BE COMPUTED WITHOUT REGARD TO SECTION 56,289
5733.051 OR DIVISION (D) OF SECTION 5733.052 OF THE REVISED CODE. 56,294
(B) "APPORTIONMENT FRACTION" MEANS: 56,296
(1) WITH RESPECT TO A QUALIFYING PASS-THROUGH ENTITY OTHER 56,299
THAN A FINANCIAL INSTITUTION, THE FRACTION CALCULATED PURSUANT TO 56,300
DIVISIONS (B)(2) AND (3) OF SECTION 5733.05 OF THE REVISED CODE 56,302
AS IF THE QUALIFYING PASS-THROUGH ENTITY WERE A CORPORATION 56,303
SUBJECT TO THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED 56,304
CODE;
(2) WITH RESPECT TO A QUALIFYING PASS-THROUGH ENTITY THAT 56,306
IS A FINANCIAL INSTITUTION SUBJECT TO SECTION 5733.056 OF THE 56,308
REVISED CODE, THE FRACTION CALCULATED PURSUANT TO THAT SECTION AS 56,309
IF THE QUALIFYING PASS-THROUGH ENTITY WERE A CORPORATION SUBJECT 56,310
TO THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED CODE. 56,312
(3) WITH RESPECT TO A QUALIFYING TRUST, THE FRACTION 56,314
CALCULATED PURSUANT TO DIVISIONS (B)(2) AND (3) OF SECTION 56,317
5733.05 OF THE REVISED CODE AS IF THE QUALIFYING TRUST WERE A 56,320
CORPORATION SUBJECT TO THE TAX IMPOSED BY SECTION 5733.06 OF THE 56,322
REVISED CODE, EXCEPT THAT THE PROPERTY, PAYROLL, AND SALES 56,325
FRACTIONS SHALL BE CALCULATED BY INCLUDING IN THE NUMERATOR AND 56,326
DENOMINATOR OF THE FRACTIONS ONLY THE PROPERTY, PAYROLL, AND 56,327
SALES, RESPECTIVELY, DIRECTLY RELATED TO THE PRODUCTION OF INCOME 56,328
OR GAIN FROM DIRECT OR INDIRECT ACQUISITION, OWNERSHIP, USE, 56,329
MAINTENANCE, MANAGEMENT, OR DISPOSITION OF TANGIBLE PERSONAL 56,331
PROPERTY LOCATED IN THIS STATE AT ANY TIME DURING THE QUALIFYING 56,332
TRUST'S QUALIFYING TAXABLE YEAR OR OF REAL PROPERTY LOCATED IN 56,333
1267
THIS STATE.
(C) "QUALIFYING BENEFICIARY" MEANS ANY INDIVIDUAL THAT, 56,335
DURING THE QUALIFYING TAXABLE YEAR OF A QUALIFYING TRUST, IS A 56,338
BENEFICIARY OF THAT TRUST, BUT DOES NOT INCLUDE AN INDIVIDUAL WHO 56,339
IS A RESIDENT TAXPAYER FOR THE PURPOSES OF CHAPTER 5747. OF THE 56,342
REVISED CODE FOR THE ENTIRE QUALIFYING TAXABLE YEAR OF THE 56,345
QUALIFYING TRUST.
(D) "FISCAL YEAR" MEANS AN ACCOUNTING PERIOD ENDING ON ANY 56,347
DAY OTHER THAN THE THIRTY-FIRST DAY OF DECEMBER. 56,349
(E) "INDIRECT" AND "INDIRECTLY" APPLY, BUT ARE NOT LIMITED 56,351
TO, ANY TRANSACTION OR TRANSACTIONS THE RESULT OF WHICH IS A 56,353
REDUCTION OF OR DEFERRAL OF TAX OR WITHHOLDING TAX IMPOSED BY 56,354
THIS CHAPTER, AND THAT CONSTITUTE A SHAM, LACK ECONOMIC REALITY, 56,355
ARE PART OF A SERIES OF TRANSACTIONS CONSTITUTING A STEP 56,356
TRANSACTION OR TRANSACTIONS, OR THE FORM OF WHICH DOES NOT 56,357
REFLECT THEIR SUBSTANCE. 56,358
(F) "MONTH" MEANS A CALENDAR MONTH. 56,360
(G) "PARTNERSHIP" HAS THE SAME MEANING AS IN SECTION 56,362
5747.01 OF THE REVISED CODE. 56,363
(H) "INVESTOR" MEANS ANY PERSON THAT, DURING ANY PORTION 56,365
OF A TAXABLE YEAR OF A QUALIFYING PASS-THROUGH ENTITY, IS A 56,366
PARTNER, MEMBER, SHAREHOLDER, OR OTHER EQUITY INVESTOR IN THAT 56,367
QUALIFYING PASS-THROUGH ENTITY. 56,368
(I) "QUALIFYING INVESTOR" MEANS ANY INVESTOR EXCEPT THOSE 56,371
DESCRIBED IN DIVISIONS (I)(1) TO (8) OF THIS SECTION.
(1) AN INVESTOR SATISFYING ONE OF THE DESCRIPTIONS UNDER 56,374
SECTION 501(c) OF THE INTERNAL REVENUE CODE OR DIVISION (A) OR 56,383
(C) OF SECTION 5733.09 OF THE REVISED CODE FOR THE ENTIRE 56,386
QUALIFYING TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH ENTITY. 56,387
(2) AN INVESTOR WHO IS AN INDIVIDUAL AND A RESIDENT 56,390
TAXPAYER FOR THE PURPOSES OF SECTION 5747.01 OF THE REVISED CODE
FOR THE ENTIRE QUALIFYING TAXABLE YEAR OF THE QUALIFYING 56,392
PASS-THROUGH ENTITY.
(3) AN INVESTOR WHO IS AN INDIVIDUAL FOR WHOM THE 56,395
1268
QUALIFYING PASS-THROUGH ENTITY MAKES A GOOD FAITH AND REASONABLE 56,396
EFFORT TO COMPLY FULLY AND TIMELY WITH THE FILING AND PAYMENT 56,397
REQUIREMENTS SET FORTH IN DIVISION (D) OF SECTION 5747.08 OF THE 56,400
REVISED CODE AND SECTION 5747.09 OF THE REVISED CODE WITH RESPECT 56,406
TO THE INDIVIDUAL'S ADJUSTED QUALIFYING AMOUNT FOR THE ENTIRE
QUALIFYING TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH ENTITY. 56,408
(4) AN INVESTOR THAT IS ANOTHER QUALIFYING PASS-THROUGH 56,410
ENTITY HAVING ONLY INVESTORS DESCRIBED IN DIVISION (I)(1), (2), 56,414
(3), OR (6) OF THIS SECTION DURING THE THREE-YEAR PERIOD
BEGINNING TWELVE MONTHS PRIOR TO THE FIRST DAY OF THE QUALIFYING 56,415
TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH ENTITY. 56,416
(5) AN INVESTOR THAT IS ANOTHER PASS-THROUGH ENTITY HAVING 56,419
NO INVESTORS OTHER THAN INDIVIDUALS AND ESTATES DURING THE 56,420
QUALIFYING TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH ENTITY IN 56,421
WHICH IT IS AN INVESTOR, AND THAT MAKES A GOOD FAITH AND 56,422
REASONABLE EFFORT TO COMPLY FULLY AND TIMELY WITH THE FILING AND 56,423
PAYMENT REQUIREMENTS SET FORTH IN DIVISION (D) OF SECTION 5747.08 56,424
OF THE REVISED CODE AND SECTION 5747.09 OF THE REVISED CODE WITH 56,427
RESPECT TO INVESTORS THAT ARE NOT RESIDENT TAXPAYERS OF THIS 56,428
STATE FOR THE PURPOSES OF CHAPTER 5747. OF THE REVISED CODE FOR 56,434
THE ENTIRE QUALIFYING TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH 56,435
ENTITY IN WHICH IT IS AN INVESTOR. 56,436
(6) AN INVESTOR THAT IS A FINANCIAL INSTITUTION REQUIRED 56,438
TO CALCULATE THE TAX IN ACCORDANCE WITH DIVISION (D) OF SECTION 56,442
5733.06 OF THE REVISED CODE ON THE FIRST DAY OF JANUARY OF THE 56,447
CALENDAR YEAR IMMEDIATELY FOLLOWING THE LAST DAY OF THE FINANCIAL 56,448
INSTITUTION'S CALENDAR OR FISCAL YEAR IN WHICH ENDS THE 56,449
TAXPAYER'S TAXABLE YEAR.
(7) AN INVESTOR THAT SATISFIES ALL THE FOLLOWING: 56,451
(a) THE INVESTOR SUBMITS A WRITTEN STATEMENT TO THE 56,453
QUALIFYING PASS-THROUGH ENTITY STATING THAT THE INVESTOR 56,454
IRREVOCABLY AGREES THAT THE INVESTOR HAS NEXUS WITH THIS STATE 56,455
UNDER THE CONSTITUTION OF THE UNITED STATES AND IS SUBJECT TO AND 56,459
LIABLE FOR THE TAX CALCULATED UNDER DIVISION (B) OF SECTION 56,461
1269
5733.06 OF THE REVISED CODE WITH RESPECT TO THE INVESTOR'S 56,462
ADJUSTED QUALIFYING AMOUNT FOR THE ENTIRE QUALIFYING TAXABLE YEAR 56,463
OF THE QUALIFYING PASS-THROUGH ENTITY. THE STATEMENT IS SUBJECT 56,464
TO THE PENALTIES OF PERJURY, SHALL BE RETAINED BY THE QUALIFYING 56,465
PASS-THROUGH ENTITY FOR NO FEWER THAN SEVEN YEARS, AND SHALL BE 56,466
DELIVERED TO THE TAX COMMISSIONER UPON REQUEST. 56,467
(b) THE INVESTOR MAKES A GOOD FAITH AND REASONABLE EFFORT 56,469
TO COMPLY TIMELY AND FULLY WITH ALL THE REPORTING AND PAYMENT 56,471
REQUIREMENTS SET FORTH IN CHAPTER 5733. OF THE REVISED CODE WITH 56,477
RESPECT TO THE INVESTOR'S ADJUSTED QUALIFYING AMOUNT FOR THE 56,478
ENTIRE QUALIFYING TAXABLE YEAR OF THE QUALIFYING PASS-THROUGH 56,479
ENTITY.
(c) NEITHER THE INVESTOR NOR THE QUALIFYING PASS-THROUGH 56,481
ENTITY IN WHICH IT IS AN INVESTOR, BEFORE, DURING, OR AFTER THE 56,483
QUALIFYING PASS-THROUGH ENTITY'S QUALIFYING TAXABLE YEAR, 56,484
DIRECTLY OR INDIRECTLY CARRIES OUT ANY DIRECT OR INDIRECT 56,485
TRANSACTION OR TRANSACTIONS WITH ONE OR MORE RELATED MEMBERS OF 56,486
THE INVESTOR OR THE QUALIFYING PASS-THROUGH ENTITY RESULTING IN A 56,487
REDUCTION OR DEFERRAL OF TAX IMPOSED BY CHAPTER 5733. OF THE 56,489
REVISED CODE WITH RESPECT TO ALL OR ANY PORTION OF THE INVESTOR'S 56,491
ADJUSTED QUALIFYING AMOUNT FOR THE QUALIFYING PASS-THROUGH 56,492
ENTITY'S TAXABLE YEAR, OR THAT CONSTITUTE A SHAM, LACK ECONOMIC 56,494
REALITY, OR ARE PART OF A SERIES OF TRANSACTIONS THE FORM OF 56,495
WHICH CONSTITUTES A STEP TRANSACTION OR TRANSACTIONS OR DOES NOT 56,496
REFLECT THE SUBSTANCE OF THOSE TRANSACTIONS. NOTHING IN DIVISION 56,498
(I)(7)(c) OF THIS SECTION SHALL BE CONSTRUED TO LIMIT TO THIS 56,500
DIVISION THE APPLICATION OF THE DOCTRINES SET FORTH IN THIS 56,501
DIVISION.
(8) ANY OTHER INVESTOR THAT THE TAX COMMISSIONER MAY 56,503
DESIGNATE BY RULE. THE TAX COMMISSIONER MAY ADOPT RULES 56,504
INCLUDING A RULE DEFINING "QUALIFYING INVESTOR" OR "QUALIFYING 56,505
BENEFICIARY" AND GOVERNING THE IMPOSITION OF THE WITHHOLDING TAX 56,507
IMPOSED BY SECTION 5747.41 OF THE REVISED CODE WITH RESPECT TO AN 56,508
INDIVIDUAL WHO IS A RESIDENT TAXPAYER FOR THE PURPOSES OF CHAPTER 56,510
1270
5747. OF THE REVISED CODE FOR ONLY A PORTION OF THE QUALIFYING 56,512
TAXABLE YEAR OF THE QUALIFYING ENTITY. 56,513
(J) "QUALIFYING NET GAIN" MEANS ANY RECOGNIZED NET GAIN 56,515
WITH RESPECT TO THE DIRECT OR INDIRECT ACQUISITION, OWNERSHIP, 56,518
USE, MAINTENANCE, MANAGEMENT, OR DISPOSITION OF TANGIBLE PERSONAL 56,520
PROPERTY LOCATED IN THIS STATE AT ANY TIME DURING A TRUST'S 56,521
QUALIFYING TAXABLE YEAR OR REAL PROPERTY LOCATED IN THIS STATE. 56,522
(K) "QUALIFYING NET INCOME" MEANS ANY RECOGNIZED INCOME, 56,524
NET OF RELATED DEDUCTIBLE EXPENSES, OTHER THAN DISTRIBUTIONS 56,525
DEDUCTIONS WITH RESPECT TO THE DIRECT OR INDIRECT ACQUISITION, 56,526
OWNERSHIP, USE, MAINTENANCE, MANAGEMENT, OR DISPOSITION OF 56,527
TANGIBLE PERSONAL PROPERTY LOCATED IN THIS STATE AT ANY TIME 56,529
DURING THE TRUST'S QUALIFYING TAXABLE YEAR OR REAL PROPERTY 56,530
LOCATED IN THIS STATE.
(L) "QUALIFYING ENTITY" MEANS A QUALIFYING PASS-THROUGH 56,532
ENTITY OR A QUALIFYING TRUST. 56,534
(M) "QUALIFYING TRUST" MEANS A TRUST SUBJECT TO SUBCHAPTER 56,536
J OF THE INTERNAL REVENUE CODE THAT, DURING ANY PORTION OF THE 56,542
TRUST'S QUALIFYING TAXABLE YEAR, HAS INCOME OR GAIN FROM THE 56,543
DIRECT OR INDIRECT ACQUISITION, MANAGEMENT, OWNERSHIP, USE, OR 56,544
DISPOSITION OF TANGIBLE PERSONAL PROPERTY LOCATED IN THIS STATE 56,545
AT ANY TIME DURING THE TRUST'S QUALIFYING TAXABLE YEAR OR REAL
PROPERTY LOCATED IN THIS STATE. "QUALIFYING TRUST" DOES NOT 56,546
INCLUDE A PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL 56,551
REVENUE CODE OR A PERSON DESCRIBED IN DIVISION (C) OF SECTION 56,555
5733.09 OF THE REVISED CODE. 56,557
(N) "QUALIFYING PASS-THROUGH ENTITY" MEANS A PASS-THROUGH 56,559
ENTITY AS DEFINED IN SECTION 5733.04 OF THE REVISED CODE, 56,563
EXCLUDING A PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL 56,568
REVENUE CODE, A PARTNERSHIP WITH EQUITY SECURITIES REGISTERED 56,569
WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION UNDER 56,570
SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, OR 56,573
A PERSON DESCRIBED IN DIVISION (C) OF SECTION 5733.09 OF THE 56,576
REVISED CODE. 56,577
1271
(O) "QUARTER" MEANS THE FIRST THREE MONTHS, THE SECOND 56,579
THREE MONTHS, THE THIRD THREE MONTHS, OR THE LAST THREE MONTHS OF 56,580
A QUALIFYING ENTITY'S QUALIFYING TAXABLE YEAR. 56,581
(P) "RELATED MEMBER" HAS THE SAME MEANING AS IN DIVISION 56,584
(A)(6) OF SECTION 5733.042 OF THE REVISED CODE WITHOUT REGARD TO 56,586
DIVISION (B) OF THAT SECTION. 56,588
(Q) "RETURN" OR "REPORT" MEANS THE NOTIFICATIONS AND 56,590
REPORTS REQUIRED TO BE FILED PURSUANT TO SECTIONS 5747.42 TO 56,591
5747.45 OF THE REVISED CODE FOR THE PURPOSE OF REPORTING THE TAX 56,593
IMPOSED UNDER SECTION 5733.41 OR 5747.41 OF THE REVISED CODE, AND
INCLUDES DECLARATIONS OF ESTIMATED TAX WHEN SO REQUIRED. 56,594
(R) "QUALIFYING TAXABLE YEAR" MEANS THE CALENDAR YEAR OR 56,596
THE QUALIFYING ENTITY'S FISCAL YEAR ENDING DURING THE CALENDAR 56,599
YEAR, OR FRACTIONAL PART THEREOF, FOR WHICH THE ADJUSTED 56,600
QUALIFYING AMOUNT IS CALCULATED PURSUANT TO SECTIONS 5733.40 AND 56,601
5733.41 OR SECTIONS 5747.40 TO 5747.453 OF THE REVISED CODE. 56,602
(S) "INDIVIDUAL" MEANS A NATURAL PERSON. 56,605
Sec. 5733.41. THE PURPOSE OF THE TAX IMPOSED BY THIS 56,608
SECTION IS TO COMPLEMENT AND TO REINFORCE THE TAX IMPOSED UNDER 56,609
SECTION 5733.06 OF THE REVISED CODE. 56,612
FOR THE SAME PURPOSES FOR WHICH THE TAX IS LEVIED UNDER 56,615
SECTION 5733.06 OF THE REVISED CODE, THERE IS HEREBY LEVIED A TAX 56,617
ON EVERY QUALIFYING PASS-THROUGH ENTITY HAVING AT LEAST ONE 56,618
QUALIFYING INVESTOR THAT IS NOT AN INDIVIDUAL. THE TAX IMPOSED 56,621
BY THIS SECTION IS IMPOSED ON THE SUM OF THE ADJUSTED QUALIFYING 56,623
AMOUNTS OF THE QUALIFYING PASS-THROUGH ENTITY'S QUALIFYING 56,624
INVESTORS THAT ARE NOT INDIVIDUALS AT THE RATE SPECIFIED IN 56,625
DIVISION (B) OF SECTION 5733.06 OF THE REVISED CODE THAT IS IN 56,628
EFFECT ON THE LAST DAY OF THE ENTITY'S TAXABLE YEAR. 56,629
THE TAX IMPOSED BY THIS SECTION APPLIES ONLY IF THE 56,632
QUALIFYING ENTITY HAS NEXUS WITH THIS STATE UNDER THE 56,634
CONSTITUTION OF THE UNITED STATES FOR ANY PORTION OF THE 56,638
QUALIFYING ENTITY'S QUALIFYING TAXABLE YEAR, AND THE SUM OF THE 56,640
QUALIFYING ENTITY'S ADJUSTED QUALIFYING AMOUNTS EXCEEDS ONE 56,641
1272
THOUSAND DOLLARS FOR THE QUALIFYING ENTITY'S QUALIFYING TAXABLE
YEAR. THIS SECTION DOES NOT APPLY TO A PASS-THROUGH ENTITY IF 56,643
ALL OF THE PARTNERS, SHAREHOLDERS, MEMBERS, OR OTHER EQUITY 56,644
INVESTORS OF THE PASS-THROUGH ENTITY ARE TAXPAYERS FOR THE 56,645
PURPOSES OF SECTION 5733.04 OF THE REVISED CODE WITHOUT REGARD TO 56,649
SECTION 5733.09 OF THE REVISED CODE FOR THE ENTIRE QUALIFYING 56,652
TAXABLE YEAR OF THE PASS-THROUGH ENTITY. 56,653
THE TAX COMMISSIONER MAY ADOPT RULES FOR THE PURPOSE OF THE 56,656
TAX LEVIED BY THIS SECTION OR SECTION 5747.41 OF THE REVISED
CODE, INCLUDING A RULE DEFINING "QUALIFYING INVESTOR" OR 56,658
"QUALIFYING BENEFICIARY." 56,659
SECTIONS 5747.10 TO 5747.19 AND 5747.42 TO 5747.453 OF THE 56,661
REVISED CODE APPLY TO A QUALIFYING ENTITY SUBJECT TO THE TAX 56,664
IMPOSED UNDER THIS SECTION. 56,665
THE LEVY OF THE TAX UNDER THIS SECTION DOES NOT PREVENT A 56,668
MUNICIPAL CORPORATION OR A JOINT ECONOMIC DEVELOPMENT DISTRICT 56,669
CREATED UNDER SECTION 715.70 OR 715.71 OR SECTIONS 715.72 TO 56,670
715.81 OF THE REVISED CODE FROM LEVYING A TAX ON INCOME. 56,672
Sec. 5733.98. (A) To provide a uniform procedure for 56,685
calculating the amount of tax IMPOSED BY SECTION 5733.06 OF THE 56,686
REVISED CODE THAT IS due under this chapter, a taxpayer shall 56,688
claim any credits to which it is entitled in the following order: 56,689
(1) THE CREDIT FOR TAXES PAID BY A QUALIFYING PASS-THROUGH 56,691
ENTITY ALLOWED UNDER SECTION 5733.0611 OF THE REVISED CODE; 56,692
(2) The credit for qualifying affiliated groups under 56,694
section 5733.068 of the Revised Code; 56,695
(2)(3) The subsidiary corporation credit under section 56,697
5733.067 of the Revised Code; 56,698
(3)(4) The savings and loan assessment credit under 56,700
section 5733.063 of the Revised Code; 56,701
(4)(5) The credit for recycling and litter prevention 56,703
donations under section 5733.064 of the Revised Code; 56,705
(5)(6) The credit for manufacturing investments under 56,707
section 5733.061 of the Revised Code; 56,708
1273
(6)(7) The credit for purchases of new manufacturing 56,710
machinery and equipment under section 5733.31 or section 5733.311 56,711
of the Revised Code; 56,712
(7)(8) The second credit for purchases of new 56,714
manufacturing machinery and equipment under section 5733.33 of 56,716
the Revised Code;
(8)(9) The enterprise zone credit under section 5709.66 of 56,718
the Revised Code; 56,719
(9)(10) The credit for the eligible costs associated with 56,721
a voluntary action under section 5733.34 of the Revised Code; 56,723
(10)(11) The credit for purchases of qualifying grape 56,725
production property under section 5733.32 of the Revised Code; 56,726
(11)(12) The export sales credit under section 5733.069 of 56,728
the Revised Code; 56,729
(11)(13) The credit for research and development and 56,731
technology transfer investors under section 5733.35 of the 56,732
Revised Code;
(12)(14) The enterprise zone credits under section 5709.65 56,734
of the Revised Code; 56,735
(13)(15) The refundable jobs creation credit under section 56,737
5733.0610 of the Revised Code. 56,738
(B) For any credit except the refundable jobs creation 56,740
credit, the amount of the credit for a tax year shall not exceed 56,741
the tax due after allowing for any other credit that precedes it 56,742
in the order required under this section. Any excess amount of a 56,743
particular credit may be carried forward if authorized under the 56,744
section creating that credit. 56,745
Sec. 5735.11. (A) If the tax or any portion of the tax 56,753
imposed by this chapter, excluding the tax imposed by section 56,754
5735.31 of the Revised Code, whether determined by the tax 56,755
commissioner or the motor fuel dealer, is not paid on or before 56,758
the date prescribed in section 5735.06 of the Revised Code, 56,760
interest shall be collected and paid in the same manner as the 56,762
tax upon the unpaid amount, computed at the rate per annum 56,763
1274
prescribed by section 5703.47 of the Revised Code, from the date 56,764
prescribed for payment of the tax to the date of payment. Such 56,765
interest OR TO THE DATE AN ASSESSMENT IS ISSUED UNDER SECTION 56,766
5735.12 OR 5735.121 OF THE REVISED CODE, WHICHEVER OCCURS FIRST.
INTEREST may be collected by assessment in the manner provided in 56,768
section 5735.12 or 5735.121 of the Revised Code. All interest 56,769
SHALL BE paid pursuant to this section shall be paid to the 56,770
treasurer of state IN THE SAME MANNER AS THE TAX and shall be 56,772
considered as revenue arising from the tax imposed by section 56,773
5735.05 of the Revised Code. 56,774
(B) Interest shall be allowed and paid upon any refund 56,776
granted in respect to the payment of an illegal or erroneous 56,777
assessment for any tax imposed under this chapter from the date 56,778
of the overpayment. The interest shall be computed at the rate 56,779
per annum prescribed by section 5703.47 of the Revised Code. 56,780
Sec. 5735.12. (A) Any motor fuel dealer or qualified 56,789
interstate bus operator required by this chapter to file reports 56,790
and pay the tax levied by this chapter who fails to file the 56,793
report within the time prescribed, shall be liable for an 56,794
additional charge equal to the greater of ten per cent of the 56,795
motor fuel dealer's or qualified interstate bus operator's tax 56,796
liability for that month or fifty dollars. The tax commissioner 56,798
may remit all or a portion of the additional charge and may adopt 56,799
rules relating to the remission of all or a portion of the 56,800
charge.
If any person required by this chapter to file reports and 56,802
pay the taxes, interest, or additional charge levied by this 56,804
chapter fails to file the report, files an incomplete or 56,805
incorrect report, or fails to remit the full amount of the tax, 56,806
interest, or additional charge due for the period covered by the 56,808
report, the commissioner may make an assessment against the 56,809
person based upon any information in the commissioner's 56,810
possession.
No assessment shall be made against any motor fuel dealer 56,812
1275
or interstate bus operator for taxes imposed by this chapter more 56,813
than four years after the date on which the report on which the 56,814
assessment was based was due or was filed, whichever is later. 56,815
This section does not bar an assessment against any motor fuel 56,816
dealer or qualified interstate bus operator who fails to file a 56,818
report required by either section 5735.06 or 5735.32 of the 56,819
Revised Code, or who files a fraudulent motor fuel tax report. 56,820
A penalty of fifteen per cent shall be added to the amount 56,823
of every assessment made under this section. The commissioner 56,824
may adopt rules providing for the remission of penalties added to 56,825
assessments made under this section. 56,826
The commissioner shall give the party assessed written 56,828
notice of the assessment by personal service or certified mail. 56,829
Any tax or equalization payment assessed shall continue to accrue 56,830
interest as prescribed in division (A) of section 5735.11 of the 56,831
Revised Code. 56,832
(B) Unless the party to whom the notice of assessment is 56,834
directed files with the commissioner within thirty days after 56,835
service of the notice of assessment, either personally or by 56,836
certified mail, a petition for reassessment in writing, signed by 56,837
the party assessed, or by the authorized agent of the party 56,839
assessed having knowledge of the facts, the assessment shall
become conclusive FINAL and the amount of the assessment shall be 56,841
due and payable from the party assessed to the treasurer of 56,842
state. The petition shall indicate the objections of the party 56,843
assessed, but additional objections may be raised in writing if 56,844
received prior to the date shown on the final determination by 56,845
the commissioner.
Unless the petitioner waives a hearing, the commissioner 56,847
shall assign a time and place for the hearing on the petition and 56,848
notify the petitioner of the time and place of the hearing by 56,849
personal service or certified mail, but the commissioner may 56,850
continue the hearing from time to time if necessary. 56,851
The commissioner may make such correction to the 56,853
1276
commissioner's assessment as the commissioner finds proper. The 56,855
commissioner shall serve a copy of the commissioner's final 56,857
determination on the petitioner by personal service or certified 56,858
mail, and the commissioner's decision in the matter shall be 56,859
final, subject to appeal as provided in section 5717.02 of the 56,860
Revised Code. 56,861
(C) After an assessment becomes final, if any portion of 56,863
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 56,864
certified copy of the commissioner's entry making the assessment 56,865
final may be filed in the office of the clerk of the court of 56,866
common pleas in the county in which the party assessed resides or 56,867
in which the business of the party assessed is conducted. If the 56,868
party assessed maintains no place of business in this state and 56,869
is not a resident of this state, the certified copy of the entry 56,870
may be filed in the office of the clerk of the court of common 56,871
pleas of Franklin county.
The clerk, immediately upon the filing of the entry, shall 56,873
enter a judgment for the state against the party assessed in the 56,874
amount shown on the entry. The judgment may be filed by the 56,875
clerk in a loose-leaf book entitled "special judgments for state 56,876
motor fuel tax." 56,877
From the date of the filing of the entry in the clerk's 56,879
office, the unpaid," AND SHALL HAVE THE SAME EFFECT AS OTHER 56,881
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE 56,882
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 56,883
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
THE portion of the assessment NOT PAID WITHIN THIRTY DAYS 56,885
AFTER THE DAY THE ASSESSMENT WAS ISSUED shall bear interest at 56,886
the rate per annum prescribed by section 5703.47 of the Revised 56,887
Code and shall have the same effect as other judgments. 56,888
Execution shall issue upon the judgment upon request of the 56,889
commissioner, and all laws applicable to sales on execution shall 56,890
be applicable to sales made under the judgment FROM THE DAY THE 56,891
TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL IT IS PAID. 56,892
1277
INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX AND MAY BE 56,893
COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS SECTION. 56,894
(D) All money collected by the commissioner under this 56,896
section shall be paid to the treasurer of state, and when paid 56,897
shall be considered as revenue arising from the tax imposed by 56,898
this chapter. 56,899
(E) If the tax commissioner determines that the 56,901
commissioner has erroneously refunded motor fuel tax to any 56,902
person, the commissioner may make an assessment against the 56,903
person for recovery of the erroneously refunded tax. Interest 56,904
begins to accrue thirty days after the receipt of the assessment. 56,905
Sec. 5735.121. (A) If the tax commissioner finds that any 56,914
person liable for tax under this chapter is about to depart from 56,915
the state, remove property from the state, conceal himself or 56,916
herself SELF, or conceal his or her THE PERSON'S property, or do 56,917
any other act tending to prejudice, obstruct, or render wholly or 56,918
partly ineffectual proceedings to collect the tax, unless 56,919
proceedings are commenced without delay, or if the commissioner 56,920
believes that the collection of the amount due from any person 56,921
will be jeopardized by delay, the commissioner may issue a 56,922
jeopardy assessment against the person for the amount of the tax, 56,923
plus a penalty of fifteen per cent. Upon issuance of a jeopardy 56,924
assessment under this division, the total amount assessed shall 56,925
immediately be due and payable unless security is provided 56,926
pursuant to division (C) of this section. Any tax assessed or 56,927
refund of tax assessed ASSESSMENT ISSUED UNDER THIS SECTION shall 56,928
bear interest in the manner prescribed in section 5735.11 5735.12 56,930
of the Revised Code.
(B) The commissioner immediately shall file an entry with 56,932
the clerk of the court of common pleas in the same manner and 56,933
with the same effect as provided in section 5735.12 of the 56,934
Revised Code. Notice of the jeopardy assessment shall be served 56,935
on the person assessed or the legal representative of the person 56,937
assessed within five days of the filing of the entry. The person 56,938
1278
assessed may petition for reassessment within thirty days of 56,939
receipt of the notice of jeopardy assessment in the same manner 56,940
as provided in section 5735.12 of the Revised Code. Full or 56,941
partial payment of the assessment shall not prejudice the 56,942
commissioner's consideration of the merits of the assessment as 56,943
contested by the petition for reassessment. Upon notification of 56,944
the existence of the judgment filed pursuant to this division, 56,945
any public official having control or custody of any funds or 56,946
property of the person assessed immediately shall pay or deliver 56,947
the funds or property to the commissioner as full or partial 56,948
satisfaction of the jeopardy assessment. However, funds or 56,949
property needed as evidence in criminal proceedings or that is 56,950
expected to be forfeited pursuant to section 2923.35, 2933.41, or 56,951
2933.43 of the Revised Code, need not be relinquished by the 56,952
public official. Upon disposition of criminal and forfeiture 56,953
proceedings, funds and property not needed as evidence and not 56,954
forfeited shall be delivered to the commissioner. 56,955
(C) If the person subject to a jeopardy assessment files a 56,957
petition for reassessment and posts security satisfactory to the 56,958
commissioner in an amount sufficient to satisfy the unpaid 56,959
balance of the assessment, execution on the judgment shall be 56,960
stayed pending disposition of the petition for reassessment and 56,961
all appeals resulting from the petition. If the security is 56,962
sufficient to satisfy the full amount of the assessment, the 56,963
commissioner shall return any funds or property of the person 56,964
that previously were seized. Upon satisfaction of the 56,965
assessment, the commissioner shall order the security released 56,966
and the judgment vacated. 56,967
Sec. 5735.143. IF A PERSON ENTITLED TO A REFUND UNDER THIS 56,969
CHAPTER IS INDEBTED TO THE STATE FOR ANY TAX OR FEE ADMINISTERED 56,970
BY THE TAX COMMISSIONER THAT IS PAID TO THE STATE OR TO THE CLERK 56,971
OF COURTS PURSUANT TO SECTION 4505.06 OF THE REVISED CODE, OR ANY 56,972
CHARGE, PENALTY, OR INTEREST ARISING FROM SUCH A TAX OR FEE, THE 56,973
AMOUNT REFUNDABLE MAY BE APPLIED IN SATISFACTION OF THE DEBT. IF
1279
THE AMOUNT REFUNDABLE IS LESS THAN THE AMOUNT OF THE DEBT, IT MAY 56,974
BE APPLIED IN PARTIAL SATISFACTION OF THE DEBT. IF THE AMOUNT 56,975
REFUNDABLE IS GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT 56,976
REMAINING AFTER SATISFACTION OF THE DEBT SHALL BE REFUNDED. IF 56,977
THE PERSON HAS MORE THAN ONE SUCH DEBT, ANY DEBT SUBJECT TO 56,978
SECTION 5739.33 OR DIVISION (G) OF SECTION 5747.07 OF THE REVISED
CODE SHALL BE SATISFIED FIRST. THIS SECTION APPLIES ONLY TO 56,979
DEBTS THAT HAVE BECOME FINAL. 56,980
Sec. 5739.01. As used in this chapter: 56,988
(A) "Person" includes individuals, receivers, assignees, 56,990
trustees in bankruptcy, estates, firms, partnerships, 56,991
associations, joint-stock companies, joint ventures, clubs, 56,992
societies, corporations, the state and its political 56,993
subdivisions, and combinations of individuals of any form. 56,994
(B) "Sale" and "selling" include all of the following 56,996
transactions for a consideration in any manner, whether 56,997
absolutely or conditionally, whether for a price or rental, in 56,998
money or by exchange, and by any means whatsoever: 56,999
(1) All transactions by which title or possession, or 57,001
both, of tangible personal property, is or is to be transferred, 57,002
or a license to use or consume tangible personal property is or 57,003
is to be granted; 57,004
(2) All transactions by which lodging by a hotel is or is 57,006
to be furnished to transient guests; 57,007
(3) All transactions by which: 57,009
(a) An item of tangible personal property is or is to be 57,011
repaired, except property, the purchase of which would be exempt 57,012
from the tax imposed by section 5739.02 of the Revised Code; 57,013
(b) An item of tangible personal property is or is to be 57,015
installed, except property, the purchase of which would be exempt 57,016
from the tax imposed by section 5739.02 of the Revised Code or 57,017
property that is or is to be incorporated into and will become a 57,018
part of a production, transmission, transportation, or 57,019
distribution system for the delivery of a public utility service; 57,020
1280
(c) The service of washing, cleaning, waxing, polishing, 57,022
or painting a motor vehicle is or is to be furnished; 57,023
(d) Industrial laundry cleaning services are or are to be 57,025
provided; 57,026
(e) Automatic data processing, computer services, or 57,028
electronic information services are or are to be provided for use 57,029
in business when the true object of the transaction is the 57,030
receipt by the consumer of automatic data processing, computer 57,031
services, or electronic information services rather than the 57,032
receipt of personal or professional services to which automatic 57,033
data processing, computer services, or electronic information 57,034
services are incidental or supplemental. Notwithstanding any 57,035
other provision of this chapter, such transactions that occur 57,036
between members of an affiliated group are not sales. An 57,037
affiliated group means two or more persons related in such a way 57,038
that one person owns or controls the business operation of 57,039
another member of the group. In the case of corporations with 57,040
stock, one corporation owns or controls another if it owns more 57,041
than fifty per cent of the other corporation's common stock with 57,042
voting rights. 57,043
(f) Telecommunications service is provided that originates 57,045
or terminates in this state and is charged in the records of the 57,046
telecommunications service vendor to the consumer's telephone 57,047
number or account in this state, or that both originates and 57,048
terminates in this state; 57,049
(g) Landscaping and lawn care service is or is to be 57,051
provided; 57,052
(h) Private investigation and security service is or is to 57,054
be provided; 57,055
(i) Information services or tangible personal property is 57,057
provided or ordered by means of a nine hundred telephone call; 57,058
(j) Building maintenance and janitorial service is or is 57,060
to be provided; 57,061
(k) Employment service is or is to be provided; 57,063
1281
(l) Employment placement service is or is to be provided; 57,065
(m) Exterminating service is or is to be provided; 57,067
(n) Physical fitness facility service is or is to be 57,069
provided; 57,070
(o) Recreation and sports club service is or is to be 57,072
provided. 57,073
(4) All transactions by which printed, imprinted, 57,075
overprinted, lithographic, multilithic, blueprinted, photostatic, 57,076
or other productions or reproductions of written or graphic 57,077
matter are or are to be furnished or transferred; 57,078
(5) The production or fabrication of tangible personal 57,080
property for a consideration for consumers who furnish either 57,081
directly or indirectly the materials used in the production of 57,082
fabrication work; and include the furnishing, preparing, or 57,083
serving for a consideration of any tangible personal property 57,084
consumed on the premises of the person furnishing, preparing, or 57,085
serving such tangible personal property. Except as provided in 57,086
section 5739.03 of the Revised Code, a construction contract 57,087
pursuant to which tangible personal property is or is to be 57,088
incorporated into a structure or improvement on and becoming a 57,089
part of real property is not a sale of such tangible personal 57,090
property. The construction contractor is the consumer of such 57,091
tangible personal property, provided that the sale and 57,092
installation of carpeting, the sale and installation of 57,093
agricultural land tile, the sale and erection or installation of 57,094
portable grain bins, or the provision of landscaping and lawn 57,095
care service and the transfer of property as part of such service 57,096
is never a construction contract. The transfer of copyrighted 57,097
motion picture films for exhibition purposes is not a sale, 57,098
except such films as are used solely for advertising purposes. 57,099
Other than as provided in this section, "sale" and "selling" do 57,100
not include professional, insurance, or personal service 57,101
transactions which involve the transfer of tangible personal 57,102
property as an inconsequential element, for which no separate 57,103
1282
charges are made. 57,104
As used in division (B)(5) of this section: 57,106
(a) "Agricultural land tile" means fired clay or concrete 57,108
tile, or flexible or rigid perforated plastic pipe or tubing, 57,109
incorporated or to be incorporated into a subsurface drainage 57,110
system appurtenant to land used or to be used directly in 57,111
production by farming, agriculture, horticulture, or 57,112
floriculture. The term does not include such materials when they 57,113
are or are to be incorporated into a drainage system appurtenant 57,114
to a building or structure even if the building or structure is 57,115
used or to be used in such production. 57,116
(b) "Portable grain bin" means a structure that is used or 57,118
to be used by a person engaged in farming or agriculture to 57,119
shelter the person's grain and that is designed to be 57,120
disassembled without significant damage to its component parts. 57,121
(6) All transactions in which all of the shares of stock 57,123
of a closely held corporation are transferred, if the corporation 57,124
is not engaging in business and its entire assets consist of 57,125
boats, planes, motor vehicles, or other tangible personal 57,126
property operated primarily for the use and enjoyment of the 57,127
shareholders; 57,128
(7) All transactions in which a warranty, maintenance or 57,130
service contract, or similar agreement by which the vendor of the 57,131
warranty, contract, or agreement agrees to repair or maintain the 57,132
tangible personal property of the consumer is or is to be 57,133
provided. 57,134
(C) "Vendor" means the person providing the service or by 57,136
whom the transfer effected or license given by a sale is or is to 57,137
be made or given and, for sales described in division (B)(3)(i) 57,138
of this section, the telecommunications service vendor that 57,139
provides the nine hundred telephone service; if two or more 57,140
persons are engaged in business at the same place of business 57,141
under a single trade name in which all collections on account of 57,142
sales by each are made, such persons shall constitute a single 57,143
1283
vendor. 57,144
Physicians, dentists, hospitals, and veterinarians who are 57,146
engaged in selling tangible personal property as received from 57,147
others, such as eyeglasses, mouthwashes, dentifrices, or similar 57,148
articles, are vendors. Veterinarians who are engaged in 57,149
transferring to others for a consideration drugs, the dispensing 57,150
of which does not require an order of a licensed veterinarian or 57,151
physician under federal law, are vendors. 57,152
(D)(1) "Consumer" means the person for whom the service is 57,154
provided, to whom the transfer effected or license given by a 57,155
sale is or is to be made or given, to whom the service described 57,156
in division (B)(3)(f) or (i) of this section is charged, or to 57,157
whom the admission is granted. 57,158
(2) Physicians, dentists, hospitals, and blood banks 57,160
operated by nonprofit institutions and persons licensed to 57,161
practice veterinary medicine, surgery, and dentistry are 57,162
consumers of all tangible personal property and services 57,163
purchased by them in connection with the practice of medicine, 57,164
dentistry, the rendition of hospital or blood bank service, or 57,165
the practice of veterinary medicine, surgery, and dentistry. In 57,166
addition to being consumers of drugs administered by them or by 57,167
their assistants according to their direction, veterinarians also 57,168
are consumers of drugs that under federal law may be dispensed 57,169
only by or upon the order of a licensed veterinarian or 57,170
physician, when transferred by them to others for a consideration 57,171
to provide treatment to animals as directed by the veterinarian. 57,172
(3) A person who performs a facility management, or 57,174
similar service contract for a contractee is a consumer of all 57,175
tangible personal property and services purchased for use in 57,176
connection with the performance of such contract, regardless of 57,177
whether title to any such property vests in the contractee. The 57,178
purchase of such property and services is not subject to the 57,179
exception for resale under division (E)(1) of this section. 57,180
(4)(a) In the case of a person who purchases printed 57,182
1284
matter for the purpose of distributing it or having it 57,183
distributed to the public or to a designated segment of the 57,184
public, free of charge, that person is the consumer of that 57,185
printed matter, and the purchase of that printed matter for that 57,186
purpose is a sale.
(b) In the case of a person who produces, rather than 57,188
purchases, printed matter for the purpose of distributing it or 57,189
having it distributed to the public or to a designated segment of 57,190
the public, free of charge, that person is the consumer of all 57,191
tangible personal property and services purchased for use or 57,192
consumption in the production of that printed matter. That 57,193
person is not entitled to claim exception under division (E)(8) 57,194
of this section for any material incorporated into the printed
matter or any equipment, supplies, or services primarily used to 57,195
produce the printed matter. 57,196
(c) The distribution of printed matter to the public or to 57,199
a designated segment of the public, free of charge, is not a sale 57,200
to the members of the public to whom the printed matter is 57,201
distributed or to any persons who purchase space in the printed
matter for advertising or other purposes. 57,202
(5) A PERSON WHO MAKES SALES OF ANY OF THE SERVICES LISTED 57,204
IN DIVISION (B)(3) OF THIS SECTION IS THE CONSUMER OF ANY 57,205
TANGIBLE PERSONAL PROPERTY USED IN PERFORMING THE SERVICE. THE 57,206
PURCHASE OF THAT PROPERTY IS NOT SUBJECT TO THE RESALE EXCEPTION 57,207
UNDER DIVISION (E)(1) OF THIS SECTION. 57,208
(E) "Retail sale" and "sales at retail" include all sales 57,210
except those in which the purpose of the consumer is: 57,211
(1) To resell the thing transferred or benefit of the 57,213
service provided, by a person engaging in business, in the form 57,214
in which the same is, or is to be, received by the person; 57,215
(2) To incorporate the thing transferred as a material or 57,217
a part, into tangible personal property to be produced for sale 57,218
by manufacturing, assembling, processing, or refining, or to use 57,219
or consume the thing transferred directly in PRODUCING A PRODUCT 57,220
1285
FOR SALE BY mining, including without limitation the extraction 57,222
from the earth of all substances which are classed geologically 57,223
as minerals, production of crude oil and natural gas, farming, 57,224
agriculture, horticulture, or floriculture, and persons engaged 57,225
in rendering farming, agricultural, horticultural, or 57,226
floricultural services, and services in the exploration for, and 57,227
production of, crude oil and natural gas, for others are deemed 57,228
engaged directly in farming, agriculture, horticulture, and 57,229
floriculture, or exploration for, and production of, crude oil 57,230
and natural gas; directly in the rendition of a public utility 57,231
service, except that the sales tax levied by section 5739.02 of 57,232
the Revised Code shall be collected upon all meals, drinks, and 57,233
food for human consumption sold upon Pullman and railroad 57,234
coaches. This paragraph does not exempt or except from "retail 57,235
sale" or "sales at retail" the sale of tangible personal property 57,236
that is to be incorporated into a structure or improvement to 57,237
real property.
(3) To hold the thing transferred as security for the 57,239
performance of an obligation of the vendor; 57,240
(4) To use or consume the thing transferred in the process 57,242
of reclamation as required by Chapters 1513. and 1514. of the 57,243
Revised Code; 57,244
(5) To resell, hold, use, or consume the thing transferred 57,246
as evidence of a contract of insurance; 57,247
(6) To use or consume the thing directly in commercial 57,249
fishing; 57,250
(7) To incorporate the thing transferred as a material or 57,252
a part into, or to use or consume the thing transferred directly 57,253
in the production of, magazines distributed as controlled 57,254
circulation publications; 57,255
(8) To use or consume the thing transferred in the 57,257
production and preparation in suitable condition for market and 57,258
sale of printed, imprinted, overprinted, lithographic, 57,259
multilithic, blueprinted, photostatic, or other productions or 57,260
1286
reproductions of written or graphic matter; 57,261
(9) To use the thing transferred, as described in section 57,263
5739.011 of the Revised Code, primarily in a manufacturing 57,264
operation to produce tangible personal property for sale; 57,265
(10) To use the benefit of a warranty, maintenance or 57,267
service contract, or similar agreement, as defined in division 57,268
(B)(7) of this section, to repair or maintain tangible personal 57,269
property, if all of the property that is the subject of the 57,270
warranty, contract, or agreement would be exempt on its purchase 57,271
from the tax imposed by section 5739.02 of the Revised Code; 57,272
(11) To use the thing transferred as qualified research 57,274
and development equipment; 57,275
(12) To use or consume the thing transferred primarily in 57,277
storing, transporting, mailing, or otherwise handling purchased 57,278
sales inventory in a warehouse, distribution center, or similar 57,279
facility when the inventory is primarily distributed outside this 57,280
state to retail stores of the person who owns or controls the 57,281
warehouse, distribution center, or similar facility, to retail 57,282
stores of an affiliated group of which that person is a member, 57,283
or by means of direct marketing. Division (E)(12) of this 57,284
section does not apply to motor vehicles registered for operation 57,285
on the public highways. As used in division (E)(12) of this 57,286
section, "affiliated group" has the same meaning as in division 57,287
(B)(3)(e) of this section and "direct marketing" has the same 57,288
meaning as in division (B)(37) of section 5739.02 of the Revised 57,289
Code. 57,290
(13) To use or consume the thing transferred to fulfill a 57,292
contractual obligation incurred by a warrantor pursuant to a 57,293
warranty provided as a part of the price of the tangible personal 57,294
property sold or by a vendor of a warranty, maintenance or 57,295
service contract, or similar agreement the provision of which is 57,296
defined as a sale under division (B)(7) of this section. 57,297
As used in division (E) of this section, "thing" includes 57,299
all transactions included in divisions (B)(3)(a), (b), and (e) of 57,300
1287
this section; 57,301
(14) To use or consume the thing transferred in the 57,303
production of a newspaper for distribution to the public; 57,304
(15) TO USE TANGIBLE PERSONAL PROPERTY TO PERFORM A 57,306
SERVICE LISTED IN DIVISION (B)(3) OF THIS SECTION, IF THE 57,307
PROPERTY IS OR IS TO BE PERMANENTLY TRANSFERRED TO THE CONSUMER 57,308
OF THE SERVICE AS AN INTEGRAL PART OF THE PERFORMANCE OF THE 57,309
SERVICE.
AS USED IN DIVISION (E) OF THIS SECTION, "THING" INCLUDES 57,311
ALL TRANSACTIONS INCLUDED IN DIVISIONS (B)(3)(a), (b), AND (e) OF 57,313
THIS SECTION.
Sales conducted through a coin-operated device that 57,315
activates vacuum equipment or equipment that dispenses water, 57,316
whether or not in combination with soap or other cleaning agents 57,317
or wax, to the consumer for the consumer's use on the premises in 57,319
washing, cleaning, or waxing a motor vehicle, provided no other
personal property or personal service is provided as part of the 57,320
transaction, are not retail sales or sales at retail. 57,321
(F) "Business" includes any activity engaged in by any 57,323
person with the object of gain, benefit, or advantage, either 57,324
direct or indirect. "Business" does not include the activity of 57,325
a person in managing and investing the person's own funds. 57,326
(G) "Engaging in business" means commencing, conducting, 57,328
or continuing in business, and liquidating a business when the 57,329
liquidator thereof holds self out to the public as conducting 57,331
such business. Making a casual sale is not engaging in business.
(H)(1) "Price," except as provided in divisions (H)(2) and 57,333
(3) of this section, means the aggregate value in money of 57,334
anything paid or delivered, or promised to be paid or delivered, 57,335
in the complete performance of a retail sale, without any 57,336
deduction on account of the cost of the property sold, cost of 57,337
materials used, labor or service cost, interest, discount paid or 57,338
allowed after the sale is consummated, or any other expense. If 57,339
the retail sale consists of the rental or lease of tangible 57,340
1288
personal property, "price" means the aggregate value in money of 57,341
anything paid or delivered, or promised to be paid or delivered, 57,342
in the complete performance of the rental or lease, without any 57,343
deduction for tax, interest, labor or service charge, damage 57,344
liability waiver, termination or damage charge, discount paid or 57,345
allowed after the lease is consummated, or any other expense. The 57,347
sales tax shall be calculated and collected by the lessor on each 57,348
payment made by the lessee. Price does not include the
consideration received as a deposit refundable to the consumer 57,349
upon return of a beverage container, the consideration received 57,350
as a deposit on a carton or case that is used for such returnable 57,351
containers, or the consideration received as a refundable 57,352
security deposit for the use of tangible personal property to the 57,353
extent that it actually is refunded, if the consideration for 57,354
such refundable deposit is separately stated from the 57,355
consideration received or to be received for the tangible 57,356
personal property transferred in the retail sale. Such 57,357
separation must appear in the sales agreement or on the initial 57,358
invoice or initial billing rendered by the vendor to the 57,359
consumer. Price is the amount received inclusive of the tax, 57,360
provided the vendor establishes to the satisfaction of the tax 57,361
commissioner that the tax was added to the price. When the price 57,362
includes both a charge for tangible personal property and a 57,363
charge for providing a service and the sale of the property and 57,364
the charge for the service are separately taxable, or have a 57,365
separately determinable tax status, the price shall be separately 57,366
stated for each such charge so the tax can be correctly computed 57,367
and charged. 57,368
The tax collected by the vendor from the consumer under 57,370
this chapter is not part of the price, but is a tax collection 57,371
for the benefit of the state and of counties levying an 57,372
additional sales tax pursuant to section 5739.021 or 5739.026 of 57,373
the Revised Code and of transit authorities levying an additional 57,374
sales tax pursuant to section 5739.023 of the Revised Code. 57,375
1289
Except for the discount authorized in section 5739.12 of the 57,376
Revised Code, no person other than the state or such a county or 57,377
transit authority shall derive any benefit from the collection or 57,378
payment of such tax. 57,379
(2) In the case of a sale of any new motor vehicle by a 57,381
new motor vehicle dealer, as defined in section 4517.01 of the 57,382
Revised Code, in which another motor vehicle is accepted by the 57,383
dealer as part of the consideration received, "price" has the 57,384
same meaning as in division (H)(1) of this section, reduced by 57,385
the credit afforded the consumer by the dealer for the motor 57,386
vehicle received in trade. 57,387
(3) In the case of a sale of any watercraft or outboard 57,389
motor by a watercraft dealer licensed in accordance with section 57,390
1547.543 of the Revised Code, in which another watercraft, 57,391
watercraft and trailer, or outboard motor is accepted by the 57,392
dealer as part of the consideration received, "price" has the 57,393
same meaning as in division (H)(1) of this section, reduced by 57,394
the credit afforded the consumer by the dealer for the 57,395
watercraft, watercraft and trailer, or outboard motor received in 57,396
trade. As used in division (H)(3) of this section, "watercraft" 57,397
includes an outdrive unit attached to the watercraft. 57,398
(I) "Receipts" means the total amount of the prices of the 57,400
sales of vendors, provided that cash discounts allowed and taken 57,401
on sales at the time they are consummated are not included, minus 57,402
any amount deducted as a bad debt pursuant to section 5739.121 of 57,403
the Revised Code. "Receipts" does not include the sale price of 57,404
property returned or services rejected by consumers when the full 57,405
sale price and tax are refunded either in cash or by credit. 57,406
(J) "Place of business" means any location at which a 57,408
person engages in business. 57,409
(K) "Premises" includes any real property or portion 57,411
thereof upon which any person engages in selling tangible 57,412
personal property at retail or making retail sales and also 57,413
includes any real property or portion thereof designated for, or 57,414
1290
devoted to, use in conjunction with the business engaged in by 57,415
such person. 57,416
(L) "Casual sale" means a sale of an item of tangible 57,418
personal property which was obtained by the person making the 57,419
sale, through purchase or otherwise, for the person's own use in 57,420
this state and which was previously subject to the state's taxing 57,421
jurisdiction on its sale or use, and includes such items acquired 57,422
for the seller's use which are sold by an auctioneer employed 57,423
directly by the person for such purpose, provided the location of 57,424
such sales is not the auctioneer's permanent place of business. 57,425
As used in this division, "permanent place of business" includes 57,426
any location where such auctioneer has conducted more than two 57,427
auctions during the year. 57,428
(M) "Hotel" means every establishment kept, used, 57,430
maintained, advertised or held out to the public to be a place 57,431
where sleeping accommodations are offered to guests, in which 57,432
five or more rooms are used for the accommodation of such guests, 57,433
whether such rooms are in one or several structures. 57,434
(N) "Transient guests" means persons occupying a room or 57,436
rooms for sleeping accommodations for less than thirty 57,437
consecutive days. 57,438
(O) "Making retail sales" means the effecting of 57,440
transactions wherein one party is obligated to pay the price and 57,441
the other party is obligated to provide a service or to transfer 57,442
title to or possession of the item sold. "Making retail sales" 57,443
does not include the preliminary acts of promoting or soliciting 57,444
the retail sales, other than the distribution of printed matter 57,445
which displays or describes and prices the item offered for sale, 57,446
nor does it include delivery of a predetermined quantity of 57,447
tangible personal property or transportation of property or 57,448
personnel to or from a place where a service is performed, 57,449
regardless of whether the vendor is a delivery vendor. 57,450
(P) "Used directly in the rendition of a public utility 57,452
service" means that property which is to be incorporated into and 57,453
1291
will become a part of the consumer's production, transmission, 57,454
transportation, or distribution system and which retains its 57,455
classification as tangible personal property after such 57,456
incorporation; fuel or power used in the production, 57,457
transmission, transportation, or distribution system; and 57,458
tangible personal property used in the repair and maintenance of 57,459
the production, transmission, transportation or distribution 57,460
system, including only such motor vehicles as are specially 57,461
designed and equipped for such use. Tangible personal property 57,462
and services used primarily in providing highway transportation 57,463
for hire are not used in providing a public utility service as 57,464
defined in this division. 57,465
(Q) "Refining" means removing or separating a desirable 57,467
product from raw or contaminated materials by distillation or 57,468
physical, mechanical, or chemical processes. 57,469
(R) "Assembly" and "assembling" mean attaching or fitting 57,471
together parts to form a product, but do not include packaging a 57,472
product. 57,473
(S) "Manufacturing operation" means a process in which 57,475
materials are changed, converted, or transformed into a different 57,476
state or form from which they previously existed and includes 57,477
refining materials, assembling parts, and preparing raw materials 57,478
and parts by mixing, measuring, blending, or otherwise committing 57,479
such materials or parts to the manufacturing process. 57,480
"Manufacturing operation" does not include packaging. 57,481
(T) "Fiscal officer" means, with respect to a regional 57,483
transit authority, the secretary-treasurer thereof, and with 57,484
respect to a county which is a transit authority, the fiscal 57,485
officer of the county transit board if one is appointed pursuant 57,486
to section 306.03 of the Revised Code or the county auditor if 57,487
the board of county commissioners operates the county transit 57,488
system.
(U) "Transit authority" means a regional transit authority 57,490
created pursuant to section 306.31 of the Revised Code or a 57,491
1292
county in which a county transit system is created pursuant to 57,492
section 306.01 of the Revised Code. For the purposes of this 57,493
chapter, a transit authority must extend to at least the entire 57,494
area of a single county. A transit authority which includes 57,495
territory in more than one county must include all the area of 57,496
the most populous county which is a part of such transit 57,497
authority. County population shall be measured by the most 57,498
recent census taken by the United States census bureau. 57,499
(V) "Legislative authority" means, with respect to a 57,501
regional transit authority, the board of trustees thereof, and 57,502
with respect to a county which is a transit authority, the board 57,503
of county commissioners. 57,504
(W) "Territory of the transit authority" means all of the 57,506
area included within the territorial boundaries of a transit 57,507
authority as they from time to time exist. Such territorial 57,508
boundaries must at all times include all the area of a single 57,509
county or all the area of the most populous county which is a 57,510
part of such transit authority. County population shall be 57,511
measured by the most recent census taken by the United States 57,512
census bureau. 57,513
(X) "Providing a service" means providing or furnishing 57,515
anything described in division (B)(3) of this section for 57,516
consideration. 57,517
(Y)(1)(a) "Automatic data processing" means processing of 57,519
others' data, including keypunching or similar data entry 57,520
services together with verification thereof, or providing access 57,521
to computer equipment for the purpose of processing data. 57,522
(b) "Computer services" means providing services 57,524
consisting of specifying computer hardware configurations and 57,525
evaluating technical processing characteristics, computer 57,526
programming, and training of computer programmers and operators, 57,527
provided in conjunction with and to support the sale, lease, or 57,528
operation of taxable computer equipment or systems. 57,529
(c) "Electronic information services" means providing 57,531
1293
access to computer equipment by means of telecommunications 57,532
equipment for the purpose of either of the following: 57,533
(i) Examining or acquiring data stored in or accessible to 57,535
the computer equipment; 57,536
(ii) Placing data into the computer equipment to be 57,538
retrieved by designated recipients with access to the computer 57,539
equipment. 57,540
(d) "Automatic data processing, computer services, or 57,542
electronic information services" shall not include personal or 57,543
professional services. 57,544
(2) As used in divisions (B)(3)(e) and (Y)(1) of this 57,546
section, "personal and professional services" means all services 57,547
other than automatic data processing, computer services, or 57,548
electronic information services, including but not limited to: 57,549
(a) Accounting and legal services such as advice on tax 57,551
matters, asset management, budgetary matters, quality control, 57,552
information security, and auditing and any other situation where 57,553
the service provider receives data or information and studies, 57,554
alters, analyzes, interprets, or adjusts such material; 57,555
(b) Analyzing business policies and procedures; 57,557
(c) Identifying management information needs; 57,559
(d) Feasibility studies including economic and technical 57,561
analysis of existing or potential computer hardware or software 57,562
needs and alternatives; 57,563
(e) Designing policies, procedures, and custom software 57,565
for collecting business information, and determining how data 57,566
should be summarized, sequenced, formatted, processed, controlled 57,567
and reported so that it will be meaningful to management; 57,568
(f) Developing policies and procedures that document how 57,570
business events and transactions are to be authorized, executed, 57,571
and controlled; 57,572
(g) Testing of business procedures; 57,574
(h) Training personnel in business procedure applications; 57,576
(i) Providing credit information to users of such 57,578
1294
information by a consumer reporting agency, as defined in the 57,579
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 57,580
U.S.C. 1681a(f), or as hereafter amended, including but not 57,581
limited to gathering, organizing, analyzing, recording, and 57,582
furnishing such information by any oral, written, graphic, or 57,583
electronic medium; 57,584
(j) Providing debt collection services by any oral, 57,586
written, graphic, or electronic means. 57,587
The services listed in divisions (Y)(2)(a) to (j) of this 57,589
section are not automatic data processing or computer services. 57,590
(Z) "Highway transportation for hire" means the 57,592
transportation of personal property belonging to others for 57,593
consideration by any of the following: 57,594
(1) The holder of a permit or certificate issued by this 57,596
state or the United States authorizing the holder to engage in 57,597
transportation of personal property belonging to others for 57,598
consideration over or on highways, roadways, streets, or any 57,599
similar public thoroughfare; 57,600
(2) A person who engages in the transportation of personal 57,602
property belonging to others for consideration over or on 57,603
highways, roadways, streets, or any similar public thoroughfare 57,604
but who could not have engaged in such transportation on December 57,605
11, 1985, unless the person was the holder of a permit or 57,606
certificate of the types described in division (Z)(1) of this 57,607
section;
(3) A person who leases a motor vehicle to and operates it 57,609
for a person described by division (Z)(1) or (2) of this section. 57,610
(AA) "Telecommunications service" means the transmission 57,612
of any interactive, two-way electromagnetic communications, 57,613
including voice, image, data, and information, through the use of 57,614
any medium such as wires, cables, microwaves, cellular radio, 57,615
radio waves, light waves, or any combination of those or similar 57,616
media. "Telecommunications service" includes message toll 57,617
service even though the vendor provides the message toll service 57,618
1295
by means of wide area transmission type service or private 57,619
communications service purchased from another telecommunications 57,620
service provider, but does not include any of the following: 57,621
(1) Sales of incoming or outgoing wide area transmission 57,623
service or wide area transmission type service, including eight 57,624
hundred or eight-hundred-type service, to the person contracting 57,625
for the receipt of that service; 57,626
(2) Sales of private communications service to the person 57,628
contracting for the receipt of that service that entitles the 57,629
purchaser to exclusive or priority use of a communications 57,630
channel or group of channels between exchanges; 57,631
(3) Sales of telecommunications service by companies 57,633
subject to the excise tax imposed by Chapter 5727. of the Revised 57,634
Code; 57,635
(4) Sales of telecommunications service to a provider of 57,637
telecommunications service, including access services, for use in 57,638
providing telecommunications service; 57,639
(5) Value added nonvoice services in which computer 57,641
processing applications are used to act on the form, content, 57,642
code, or protocol of the information to be transmitted; 57,643
(6) Transmission of interactive video programming by a 57,645
cable television system as defined in section 505.90 of the 57,646
Revised Code. 57,647
(BB) "Industrial laundry cleaning services" means removing 57,649
soil or dirt from or supplying towels, linens, or articles of 57,650
clothing that belong to others and are used in a trade or 57,651
business. 57,652
(CC) "Magazines distributed as controlled circulation 57,654
publications" means magazines containing at least twenty-four 57,655
pages, at least twenty-five per cent editorial content, issued at 57,656
regular intervals four or more times a year, and circulated 57,657
without charge to the recipient, provided that such magazines are 57,658
not owned or controlled by individuals or business concerns which 57,659
conduct such publications as an auxiliary to, and essentially for 57,660
1296
the advancement of the main business or calling of, those who own 57,661
or control them. 57,662
(DD) "Landscaping and lawn care service" means the 57,664
services of planting, seeding, sodding, removing, cutting, 57,665
trimming, pruning, mulching, aerating, applying chemicals, 57,666
watering, fertilizing, and providing similar services to 57,667
establish, promote, or control the growth of trees, shrubs, 57,668
flowers, grass, ground cover, and other flora, or otherwise 57,669
maintaining a lawn or landscape grown or maintained by the owner 57,670
for ornamentation or other nonagricultural purpose. However, 57,671
"landscaping and lawn care service" does not include the 57,672
providing of such services by a person who has less than five 57,673
thousand dollars in sales of such services during the calendar 57,674
year. 57,675
(EE) "Private investigation and security service" means 57,677
the performance of any activity for which the provider of such 57,678
service is required to be licensed pursuant to Chapter 4749. of 57,679
the Revised Code, or would be required to be so licensed in 57,680
performing such services in this state, and also includes the 57,681
services of conducting polygraph examinations and of monitoring 57,682
or overseeing the activities on or in, or the condition of, the 57,683
consumer's home, business, or other facility by means of 57,684
electronic or similar monitoring devices. "Private investigation 57,685
and security service" does not include special duty services 57,686
provided by off-duty police officers, deputy sheriffs, and other 57,687
peace officers regularly employed by the state or a political 57,688
subdivision. 57,689
(FF) "Information services" means providing conversation, 57,691
giving consultation or advice, playing or making a voice or other 57,692
recording, making or keeping a record of the number of callers, 57,693
and any other service provided to a consumer by means of a nine 57,694
hundred telephone call, except when the nine hundred telephone 57,695
call is the means by which the consumer makes a contribution to a 57,696
recognized charity. 57,697
1297
(GG) "Research and development" means designing, creating, 57,699
or formulating new or enhanced products, equipment, or 57,700
manufacturing processes, and conducting scientific or 57,701
technological inquiry and experimentation in the physical 57,702
sciences with the goal of increasing scientific knowledge which 57,703
may reveal the bases for new or enhanced products, equipment, or 57,704
manufacturing processes. 57,705
(HH) "Qualified research and development equipment" means 57,707
capitalized tangible personal property, and leased personal 57,708
property that would be capitalized if purchased, used by a person 57,709
primarily to perform research and development. Tangible personal 57,710
property primarily used in testing, as defined in division (A)(4) 57,711
of section 5739.011 of the Revised Code, or used for recording or 57,712
storing test results, is not qualified research and development 57,713
equipment unless such property is primarily used by the consumer 57,714
in testing the product, equipment, or manufacturing process being 57,715
created, designed, or formulated by the consumer in the research 57,716
and development activity or in recording or storing such test 57,717
results. 57,718
(II) "Building maintenance and janitorial service" means 57,720
cleaning the interior or exterior of a building and any tangible 57,721
personal property located therein or thereon, including any 57,722
services incidental to such cleaning for which no separate charge 57,723
is made. However, "building maintenance and janitorial service" 57,724
does not include the providing of such service by a person who 57,725
has less than five thousand dollars in sales of such service 57,726
during the calendar year. 57,727
(JJ) "Employment service" means providing or supplying 57,729
personnel, on a temporary or long-term basis, to perform work or 57,730
labor under the supervision or control of another, when the 57,731
personnel so supplied receive their wages, salary, or other 57,732
compensation from the provider of the service. "Employment 57,733
service" does not include: 57,734
(1) Acting as a contractor or subcontractor, where the 57,736
1298
personnel performing the work are not under the direct control of 57,737
the purchaser. 57,738
(2) Medical and health care services. 57,740
(3) Supplying personnel to a purchaser pursuant to a 57,742
contract of at least one year between the service provider and 57,743
the purchaser that specifies that each employee covered under the 57,744
contract is assigned to the purchaser on a permanent basis. 57,745
(4) Transactions between members of an affiliated group, 57,747
as defined in division (B)(3)(e) of this section. 57,748
(KK) "Employment placement service" means locating or 57,750
finding employment for a person or finding or locating an 57,751
employee to fill an available position. 57,752
(LL) "Exterminating service" means eradicating or 57,754
attempting to eradicate vermin infestations from a building or 57,755
structure, or the area surrounding a building or structure, and 57,756
includes activities to inspect, detect, or prevent vermin 57,757
infestation of a building or structure. 57,758
(MM) "Physical fitness facility service" means all 57,760
transactions by which a membership is granted, maintained, or 57,761
renewed, including initiation fees, membership dues, renewal 57,762
fees, monthly minimum fees, and other similar fees and dues, by a 57,763
physical fitness facility such as an athletic club, health spa, 57,764
or gymnasium, which entitles the member to use the facility for 57,765
physical exercise. 57,766
(NN) "Recreation and sports club service" means all 57,768
transactions by which a membership is granted, maintained, or 57,769
renewed, including initiation fees, membership dues, renewal 57,770
fees, monthly minimum fees, and other similar fees and dues, by a 57,771
recreation and sports club, which entitles the member to use the 57,772
facilities of the organization. "Recreation and sports club" 57,773
means an organization that has ownership of, or controls or 57,774
leases on a continuing, long-term basis, the facilities used by 57,775
its members and includes an aviation club, gun or shooting club, 57,776
yacht club, card club, swimming club, tennis club, golf club, 57,777
1299
country club, riding club, amateur sports club, or similar 57,778
organization. 57,779
(OO) "Livestock" means farm animals commonly raised for 57,781
food or food production, and includes but is not limited to 57,782
cattle, sheep, goats, swine, and poultry. "Livestock" does not 57,783
include invertebrates, fish, amphibians, reptiles, horses, 57,784
domestic pets, animals for use in laboratories or for exhibition, 57,785
or other animals not commonly raised for food or food production. 57,786
(PP) "Livestock structure" means a building or structure 57,788
used exclusively for the housing, raising, feeding, or sheltering 57,789
of livestock, and includes feed storage or handling structures 57,790
and structures for livestock waste handling. 57,791
(QQ) "Horticulture" means the growing, cultivation, and 57,793
production of flowers, fruits, herbs, vegetables, sod, mushrooms, 57,794
and nursery stock. As used in this division, "nursery stock" has 57,795
the same meaning as in section 927.51 of the Revised Code. 57,796
(RR) "Horticulture structure" means a building or 57,798
structure used exclusively for the commercial growing, raising, 57,799
or overwintering of horticultural products, and includes the area 57,800
used for stocking, storing, and packing horticultural products 57,801
when done in conjunction with the production of those products. 57,802
(SS) "Newspaper" means an unbound publication bearing a 57,804
title or name that is regularly published, at least as frequently 57,805
as biweekly, and distributed from a fixed place of business to 57,806
the public in a specific geographic area, and that contains a 57,807
substantial amount of news matter of international, national, or 57,808
local events of interest to the general public.
(TT) "PROFESSIONAL RACING TEAM" MEANS A PERSON THAT 57,811
EMPLOYS AT LEAST TWENTY FULL-TIME EMPLOYEES FOR THE PURPOSE OF 57,812
CONDUCTING A MOTOR VEHICLE RACING BUSINESS FOR PROFIT. THE 57,813
PERSON MUST CONDUCT THE BUSINESS WITH THE PURPOSE OF RACING ONE 57,814
OR MORE MOTOR RACING VEHICLES IN AT LEAST TEN COMPETITIVE 57,815
PROFESSIONAL RACING EVENTS EACH YEAR THAT COMPRISE ALL OR PART OF 57,816
A MOTOR RACING SERIES SANCTIONED BY ONE OR MORE MOTOR RACING 57,817
1300
SANCTIONING ORGANIZATIONS. A "MOTOR RACING VEHICLE" MEANS A 57,818
VEHICLE FOR WHICH THE CHASSIS, ENGINE, AND PARTS ARE DESIGNED 57,819
EXCLUSIVELY FOR MOTOR RACING, AND DOES NOT INCLUDE A STOCK OR 57,821
PRODUCTION MODEL VEHICLE THAT MAY BE MODIFIED FOR USE IN RACING. 57,822
FOR THE PURPOSES OF THIS DIVISION:
(1) A "COMPETITIVE PROFESSIONAL RACING EVENT" IS A MOTOR 57,824
VEHICLE RACING EVENT SANCTIONED BY ONE OR MORE MOTOR RACING 57,825
SANCTIONING ORGANIZATIONS, AT WHICH AGGREGATE CASH PRIZES IN 57,826
EXCESS OF EIGHT HUNDRED THOUSAND DOLLARS ARE AWARDED TO THE 57,828
COMPETITORS.
(2) "FULL-TIME EMPLOYEE" MEANS AN INDIVIDUAL WHO IS 57,830
EMPLOYED FOR CONSIDERATION FOR THIRTY-FIVE OR MORE HOURS A WEEK, 57,831
OR WHO RENDERS ANY OTHER STANDARD OF SERVICE GENERALLY ACCEPTED 57,832
BY CUSTOM OR SPECIFIED BY CONTRACT AS FULL-TIME EMPLOYMENT. 57,834
Sec. 5739.02. For the purpose of providing revenue with 57,843
which to meet the needs of the state, for the use of the general 57,844
revenue fund of the state, for the purpose of securing a thorough 57,845
and efficient system of common schools throughout the state, and 57,846
for the purpose of affording revenues, in addition to those from 57,847
general property taxes, permitted under constitutional 57,848
limitations, and from other sources, for the support of local 57,849
governmental functions, and for the purpose of reimbursing the 57,850
state for the expense of administering this chapter, an excise 57,851
tax is hereby levied on each retail sale made in this state. 57,852
(A) The tax shall be collected pursuant to the schedules 57,854
in section 5739.025 of the Revised Code. 57,855
The tax applies and is collectible when the sale is made, 57,857
regardless of the time when the price is paid or delivered. 57,858
In the case of a sale, the price of which consists in whole 57,860
or in part of rentals for the use of the thing transferred, the 57,861
tax, as regards such rentals, shall be measured by the 57,862
installments thereof. 57,863
In the case of a sale of a service defined under division 57,865
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 57,866
1301
which consists in whole or in part of a membership for the 57,867
receipt of the benefit of the service, the tax applicable to the 57,868
sale shall be measured by the installments thereof. 57,869
(B) The tax does not apply to the following: 57,871
(1) Sales to the state or any of its political 57,873
subdivisions, or to any other state or its political subdivisions 57,874
if the laws of that state exempt from taxation sales made to this 57,875
state and its political subdivisions; 57,876
(2) Sales of food for human consumption off the premises 57,878
where sold; 57,879
(3) Sales of food sold to students only in a cafeteria, 57,881
dormitory, fraternity, or sorority maintained in a private, 57,882
public, or parochial school, college, or university; 57,883
(4) Sales of newspapers, and of magazine subscriptions 57,885
shipped by second class mail, and sales or transfers of magazines 57,886
distributed as controlled circulation publications; 57,887
(5) The furnishing, preparing, or serving of meals without 57,889
charge by an employer to an employee provided the employer 57,890
records the meals as part compensation for services performed or 57,891
work done; 57,892
(6) Sales of motor fuel upon receipt, use, distribution, 57,895
or sale of which in this state a tax is imposed by the law of 57,896
this state, but this exemption shall not apply to the sale of 57,897
motor fuel on which a refund of the tax is allowable under 57,898
section 5735.14 of the Revised Code; and the tax commissioner may 57,899
deduct the amount of tax levied by this section applicable to the 57,900
price of motor fuel when granting a refund of motor fuel tax 57,901
pursuant to section 5735.14 of the Revised Code and shall cause 57,902
the amount deducted to be paid into the general revenue fund of 57,903
this state;
(7) Sales of natural gas by a natural gas company, of 57,905
electricity by an electric company, of water by a water-works 57,906
company, or of steam by a heating company, if in each case the 57,907
thing sold is delivered to consumers through wires, pipes, or 57,908
1302
conduits, and all sales of communications services by a telephone 57,909
or telegraph company, all terms as defined in section 5727.01 of 57,910
the Revised Code; 57,911
(8) Casual sales by a person, or auctioneer employed 57,913
directly by the person to conduct such sales, except as to such 57,915
sales of motor vehicles, watercraft or outboard motors required 57,916
to be titled under section 1548.06 of the Revised Code, 57,917
watercraft documented with the United States coast guard, 57,918
snowmobiles, all-purpose vehicles as defined in section 4519.01 57,919
of the Revised Code, and manufactured homes; 57,920
(9) Sales of services or tangible personal property, other 57,922
than motor vehicles and manufactured homes, by churches or by 57,923
nonprofit organizations operated exclusively for charitable 57,924
purposes as defined in division (B)(12) of this section, provided 57,925
that the number of days on which such tangible personal property 57,926
or services, other than items never subject to the tax, are sold 57,927
does not exceed six in any calendar year. If the number of days 57,928
on which such sales are made exceeds six in any calendar year, 57,929
the church or organization shall be considered to be engaged in 57,930
business and all subsequent sales by it shall be subject to the 57,931
tax. In counting the number of days, all sales by groups within 57,932
a church or within an organization shall be considered to be 57,933
sales of that church or organization, except that sales made by 57,934
separate student clubs and other groups of students of a primary 57,935
or secondary school, and sales made by a parent-teacher 57,936
association, booster group, or similar organization that raises 57,937
money to support or fund curricular or extracurricular activities 57,938
of a primary or secondary school, shall not be considered to be 57,939
sales of such school, and sales by each such club, group, 57,940
association, or organization shall be counted separately for 57,941
purposes of the six-day limitation. This division does not apply 57,942
to sales by a noncommercial educational radio or television 57,943
broadcasting station. 57,944
(10) Sales not within the taxing power of this state under 57,946
1303
the Constitution of the United States; 57,947
(11) The transportation of persons or property, unless the 57,949
transportation is by a private investigation and security 57,950
service; 57,951
(12) Sales of tangible personal property or services to 57,953
churches, to organizations exempt from taxation under section 57,954
501(c)(3) of the Internal Revenue Code of 1986, and to any other 57,955
nonprofit organizations operated exclusively for charitable 57,956
purposes in this state, no part of the net income of which inures 57,957
to the benefit of any private shareholder or individual, and no 57,958
substantial part of the activities of which consists of carrying 57,959
on propaganda or otherwise attempting to influence legislation; 57,960
sales to offices administering one or more homes for the aged or 57,961
one or more hospital facilities exempt under section 140.08 of 57,962
the Revised Code; and sales to organizations described in 57,963
division (D) of section 5709.12 of the Revised Code. 57,964
"Charitable purposes" means the relief of poverty,; the 57,966
improvement of health through the alleviation of illness, 57,967
disease, or injury,; the operation of an organization exclusively 57,969
for the provision of professional, laundry, printing, and 57,970
purchasing services to hospitals or charitable institutions,; the 57,972
operation of a home for the aged, as defined in section 5701.13 57,973
of the Revised Code,; the operation of a radio or television 57,974
broadcasting station that is licensed by the federal 57,975
communications commission as a noncommercial educational radio or 57,976
television station,; the operation of a nonprofit animal adoption 57,978
service or a county humane society,; the promotion of education 57,979
by an institution of learning that maintains a faculty of
qualified instructors, teaches regular continuous courses of 57,980
study, and confers a recognized diploma upon completion of a 57,981
specific curriculum,; the operation of a parent teacher 57,982
association, booster group, or similar organization primarily 57,983
engaged in the promotion and support of the curricular or 57,984
extracurricular activities of a primary or secondary school,; the 57,985
1304
operation of a community or area center in which presentations in 57,986
music, dramatics, the arts, and related fields are made in order 57,987
to foster public interest and education therein,; the production 57,988
of performances in music, dramatics, and the arts,; or the 57,989
promotion of education by an organization engaged in carrying on 57,990
research in, or the dissemination of, scientific and 57,991
technological knowledge and information primarily for the public. 57,992
Nothing in this division shall be deemed to exempt sales to 57,994
any organization for use in the operation or carrying on of a 57,995
trade or business, or sales to a home for the aged for use in the 57,996
operation of independent living facilities as defined in division 57,997
(A) of section 5709.12 of the Revised Code. 57,998
(13) Building and construction materials and services sold 58,000
to construction contractors for incorporation into a structure or 58,001
improvement to real property under a construction contract with 58,002
this state or a political subdivision thereof, or with the United 58,003
States government or any of its agencies; building and 58,004
construction materials and services sold to construction 58,005
contractors for incorporation into a structure or improvement to 58,006
real property that are accepted for ownership by this state or 58,008
any of its political subdivisions, or by the United States 58,009
government or any of its agencies at the time of completion of 58,010
such structures or improvements; building and construction 58,011
materials sold to construction contractors for incorporation into 58,012
a horticulture structure or livestock structure for a person 58,013
engaged in the business of horticulture or producing livestock; 58,014
building materials and services sold to a construction contractor 58,015
for incorporation into a house of public worship or religious 58,016
education, or a building used exclusively for charitable purposes 58,017
under a construction contract with an organization whose purpose 58,018
is as described in division (B)(12) of this section; building and 58,019
construction materials sold for incorporation into the original 58,020
construction of a sports facility under section 307.696 of the 58,021
Revised Code; and building and construction materials and 58,022
1305
services sold to a construction contractor for incorporation into 58,023
real property outside this state if such materials and services, 58,024
when sold to a construction contractor in the state in which the 58,025
real property is located for incorporation into real property in 58,026
that state, would be exempt from a tax on sales levied by that 58,027
state; 58,028
(14) Sales of ships or vessels or rail rolling stock used 58,030
or to be used principally in interstate or foreign commerce, and 58,031
repairs, alterations, fuel, and lubricants for such ships or 58,032
vessels or rail rolling stock; 58,033
(15) Sales to persons engaged in any of the activities 58,035
mentioned in division (E)(2) or (9) of section 5739.01 of the 58,036
Revised Code, to persons engaged in making retail sales, or to 58,037
persons who purchase for sale from a manufacturer tangible 58,038
personal property that was produced by the manufacturer in 58,039
accordance with specific designs provided by the purchaser, of 58,040
packages, including material and parts for packages, and of 58,041
machinery, equipment, and material for use primarily in packaging 58,042
tangible personal property produced for sale by or on the order 58,043
of the person doing the packaging, or sold at retail. "Packages" 58,044
includes bags, baskets, cartons, crates, boxes, cans, bottles, 58,045
bindings, wrappings, and other similar devices and containers, 58,046
and "packaging" means placing therein. 58,047
(16) Sales of food to persons using food stamp coupons to 58,049
purchase the food. As used in division (B)(16) of this section, 58,050
"food" has the same meaning as in the "Food Stamp Act of 1977," 58,051
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 58,052
adopted pursuant to that act. 58,053
(17) Sales to persons engaged in farming, agriculture, 58,055
horticulture, or floriculture, of tangible personal property for 58,056
use or consumption directly in the production by farming, 58,057
agriculture, horticulture, or floriculture of other tangible 58,058
personal property for use or consumption directly in the 58,059
production of tangible personal property for sale by farming, 58,060
1306
agriculture, horticulture, or floriculture; or material and parts 58,061
for incorporation into any such tangible personal property for 58,062
use or consumption in production; and of tangible personal 58,063
property for such use or consumption in the conditioning or 58,064
holding of products produced by and for such use, consumption, or 58,065
sale by persons engaged in farming, agriculture, horticulture, or 58,066
floriculture, except where such property is incorporated into 58,067
real property; 58,068
(18) Sales of drugs dispensed by a registered pharmacist 58,070
upon the order of a practitioner licensed to prescribe, dispense, 58,071
and administer drugs to a human being in the course of the 58,072
professional practice; insulin as recognized in the official 58,073
United States pharmacopoeia; urine and blood testing materials 58,074
when used by diabetics or persons with hypoglycemia to test for 58,075
glucose or acetone; hypodermic syringes and needles when used by 58,076
diabetics for insulin injections; epoetin alfa when purchased for 58,077
use in the treatment of persons with end-stage renal disease; 58,078
hospital beds when purchased for use by persons with medical 58,080
problems for medical purposes; and oxygen and oxygen-dispensing 58,081
equipment when purchased for use by persons with medical problems 58,082
for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 58,084
prostheses, and other prosthetic devices for humans; braces or 58,085
other devices for supporting weakened or nonfunctioning parts of 58,086
the human body; wheelchairs; devices used to lift wheelchairs 58,087
into motor vehicles and parts and accessories to such devices; 58,088
crutches or other devices to aid human perambulation; and items 58,089
of tangible personal property used to supplement impaired 58,090
functions of the human body such as respiration, hearing, or 58,091
elimination. No exemption under this division shall be allowed 58,092
for nonprescription drugs, medicines, or remedies; items or 58,093
devices used to supplement vision; items or devices whose 58,094
function is solely or primarily cosmetic; or physical fitness 58,095
equipment. This division does not apply to sales to a physician 58,096
1307
or medical facility for use in the treatment of a patient. 58,097
(20) Sales of emergency and fire protection vehicles and 58,099
equipment to nonprofit organizations for use solely in providing 58,100
fire protection and emergency services for political subdivisions 58,101
of the state; 58,102
(21) Sales of tangible personal property, manufactured in 58,104
this state, if sold by the manufacturer in this state to a 58,105
retailer for use in the retail business of the retailer outside 58,106
of this state and if possession is taken from the manufacturer by 58,108
the purchaser within this state for the sole purpose of 58,109
immediately removing the same from this state in a vehicle owned 58,110
by the purchaser;
(22) Sales of services provided by the state or any of its 58,112
political subdivisions, agencies, instrumentalities, 58,113
institutions, or authorities, or by governmental entities of the 58,114
state or any of its political subdivisions, agencies, 58,115
instrumentalities, institutions, or authorities; 58,116
(23) Sales of motor vehicles to nonresidents of this state 58,118
upon the presentation of an affidavit executed in this state by 58,119
the nonresident purchaser affirming that the purchaser is a 58,120
nonresident of this state, that possession of the motor vehicle 58,121
is taken in this state for the sole purpose of immediately 58,122
removing it from this state, that the motor vehicle will be 58,123
permanently titled and registered in another state, and that the 58,124
motor vehicle will not be used in this state; 58,125
(24) Sales to persons engaged in the preparation of eggs 58,127
for sale of tangible personal property used or consumed directly 58,128
in such preparation, including such tangible personal property 58,129
used for cleaning, sanitizing, preserving, grading, sorting, and 58,130
classifying by size; packages, including material and parts for 58,131
packages, and of machinery, equipment, and material for use in 58,132
packaging eggs for sale; and handling and transportation 58,133
equipment and parts therefor, except motor vehicles licensed to 58,134
operate on public highways, used in intraplant or interplant 58,135
1308
transfers or shipment of eggs in the process of preparation for 58,136
sale, when the plant or plants within or between which such 58,137
transfers or shipments occur are operated by the same person. 58,138
"Packages" includes containers, cases, baskets, flats, fillers, 58,139
filler flats, cartons, closure materials, labels, and labeling 58,140
materials, and "packaging" means placing therein. 58,141
(25)(a) Sales of water to a consumer for residential use, 58,143
except the sale of bottled water, distilled water, mineral water, 58,144
carbonated water, or ice; 58,145
(b) Sales of water by a nonprofit corporation engaged 58,147
exclusively in the treatment, distribution, and sale of water to 58,148
consumers, if such water is delivered to consumers through pipes 58,149
or tubing. 58,150
(26) Fees charged for inspection or reinspection of motor 58,152
vehicles under section 3704.14 of the Revised Code; 58,153
(27) Sales of solar, wind, or hydrothermal energy systems 58,155
that meet the guidelines established under division (B) of 58,156
section 1551.20 of the Revised Code, components of such systems 58,157
that are identified under division (B) or (D) of that section, or 58,158
charges for the installation of such systems or components, made 58,159
during the period from August 14, 1979, through December 31, 58,160
1985; 58,161
(28) Sales to persons licensed to conduct a food service 58,163
operation pursuant to section 3732.03 of the Revised Code, of 58,164
tangible personal property primarily used directly for the 58,165
following:
(a) To prepare food for human consumption for sale; 58,167
(b) To preserve food that has been or will be prepared for 58,170
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 58,171
selection by the consumer; 58,172
(c) To clean tangible personal property used to prepare or 58,174
serve food for human consumption for sale. 58,175
(29) Sales of animals by nonprofit animal adoption 58,177
1309
services or county humane societies; 58,178
(30) Sales of services to a corporation described in 58,180
division (A) of section 5709.72 of the Revised Code, and sales of 58,181
tangible personal property that qualifies for exemption from 58,182
taxation under section 5709.72 of the Revised Code; 58,183
(31) Sales and installation of agricultural land tile, as 58,185
defined in division (B)(5)(a) of section 5739.01 of the Revised 58,186
Code; 58,187
(32) Sales and erection or installation of portable grain 58,189
bins, as defined in division (B)(5)(b) of section 5739.01 of the 58,190
Revised Code; 58,191
(33) The sale, lease, repair, and maintenance of; parts 58,193
for; or items attached to or incorporated in motor vehicles that 58,194
are primarily used for transporting tangible personal property by 58,195
a person engaged in highway transportation for hire; 58,196
(34) Sales to the state headquarters of any veterans' 58,198
organization in Ohio that is either incorporated and issued a 58,199
charter by the congress of the United States or is recognized by 58,200
the United States veterans administration, for use by the 58,201
headquarters; 58,202
(35) Sales to a telecommunications service vendor of 58,204
tangible personal property and services used directly and 58,205
primarily in transmitting, receiving, switching, or recording any 58,206
interactive, two-way electromagnetic communications, including 58,207
voice, image, data, and information, through the use of any 58,208
medium, including, but not limited to, poles, wires, cables, 58,209
switching equipment, computers, and record storage devices and 58,210
media, and component parts for the tangible personal property. 58,211
The exemption provided in division (B)(35) of this section shall 58,212
be in lieu of all other exceptions under division (E)(2) of 58,213
section 5739.01 of the Revised Code to which a telecommunications 58,214
service vendor may otherwise be entitled based upon the use of 58,215
the thing purchased in providing the telecommunications service. 58,216
(36) Sales of investment metal bullion and investment 58,218
1310
coins. "Investment metal bullion" means any elementary precious 58,219
metal that has been put through a process of smelting or 58,220
refining, including, but not limited to, gold, silver, platinum, 58,221
and palladium, and which is in such state or condition that its 58,222
value depends upon its content and not upon its form. 58,223
"Investment metal bullion" does not include fabricated precious 58,224
metal that has been processed or manufactured for one or more 58,226
specific and customary industrial, professional, or artistic 58,227
uses. "Investment coins" means numismatic coins or other forms 58,228
of money and legal tender manufactured of gold, silver, platinum, 58,229
palladium, or other metal under the laws of the United States or 58,230
any foreign nation with a fair market value greater than any 58,231
statutory or nominal value of such coins. 58,232
(37)(a) Sales where the purpose of the consumer is to use 58,234
or consume the things transferred in making retail sales and 58,235
consisting of newspaper inserts, catalogues, coupons, flyers, 58,236
gift certificates, or other advertising material that prices and 58,238
describes tangible personal property offered for retail sale. 58,239
(b) Sales to direct marketing vendors of preliminary 58,241
materials such as photographs, artwork, and typesetting that will 58,242
be used in printing advertising material; of printed matter that 58,243
offers free merchandise or chances to win sweepstake prizes and 58,244
that is mailed to potential customers with advertising material 58,245
described in division (B)(37)(a) of this section; and of 58,246
equipment such as telephones, computers, facsimile machines, and 58,247
similar tangible personal property primarily used to accept 58,248
orders for direct marketing retail sales. 58,249
(c) Sales of automatic food vending machines that preserve 58,251
food with a shelf life of forty-five days or less by 58,252
refrigeration and dispense it to the consumer. 58,253
For purposes of division (B)(37) of this section, "direct 58,255
marketing" means the method of selling where consumers order 58,256
tangible personal property by United States mail, delivery 58,257
service, or telecommunication and the vendor delivers or ships 58,258
1311
the tangible personal property sold to the consumer from a 58,259
warehouse, catalogue distribution center, or similar fulfillment 58,260
facility by means of the United States mail, delivery service, or 58,261
common carrier. 58,262
(38) Sales to a person engaged in the business of 58,264
horticulture or producing livestock of materials to be 58,265
incorporated into a horticulture structure or livestock 58,266
structure; 58,267
(39) The sale of a motor vehicle that is used exclusively 58,269
for a vanpool ridesharing arrangement to persons participating in 58,270
the vanpool ridesharing arrangement when the vendor is selling 58,271
the vehicle pursuant to a contract between the vendor and the 58,272
department of transportation;
(40) SALES OF PERSONAL COMPUTERS, COMPUTER MONITORS, 58,274
COMPUTER KEYBOARDS, MODEMS, AND OTHER PERIPHERAL COMPUTER 58,275
EQUIPMENT TO AN INDIVIDUAL WHO IS LICENSED OR CERTIFIED TO TEACH 58,276
IN AN ELEMENTARY OR A SECONDARY SCHOOL IN THIS STATE FOR USE BY 58,277
THAT INDIVIDUAL IN PREPARATION FOR TEACHING ELEMENTARY OR
SECONDARY SCHOOL STUDENTS; 58,278
(41) SALES TO A PROFESSIONAL RACING TEAM OF ANY OF THE 58,280
FOLLOWING: 58,281
(a) MOTOR RACING VEHICLES; 58,283
(b) REPAIR SERVICES FOR MOTOR RACING VEHICLES; 58,286
(c) ITEMS OF PROPERTY THAT ARE ATTACHED TO OR INCORPORATED 58,289
IN MOTOR RACING VEHICLES, INCLUDING ENGINES, CHASSIS, AND ALL 58,290
OTHER COMPONENTS OF THE VEHICLES, AND ALL SPARE, REPLACEMENT, AND 58,291
REBUILT PARTS OR COMPONENTS OF THE VEHICLES; EXCEPT NOT INCLUDING 58,292
TIRES, CONSUMABLE FLUIDS, PAINT, AND ACCESSORIES CONSISTING OF 58,293
INSTRUMENTATION SENSORS AND RELATED ITEMS ADDED TO THE VEHICLE TO 58,294
COLLECT AND TRANSMIT DATA BY MEANS OF TELEMETRY AND OTHER FORMS 58,295
OF COMMUNICATION.
For the purpose of the proper administration of this 58,297
chapter, and to prevent the evasion of the tax, it is presumed 58,298
that all sales made in this state are subject to the tax until 58,299
1312
the contrary is established. 58,300
As used in this section, except in division (B)(16) of this 58,302
section, "food" includes cereals and cereal products, milk and 58,303
milk products including ice cream, meat and meat products, fish 58,304
and fish products, eggs and egg products, vegetables and 58,305
vegetable products, fruits, fruit products, and pure fruit 58,306
juices, condiments, sugar and sugar products, coffee and coffee 58,307
substitutes, tea, and cocoa and cocoa products. It does not 58,308
include: spirituous or malt liquors; soft drinks; sodas and 58,309
beverages that are ordinarily dispensed at bars and soda 58,310
fountains or in connection therewith, other than coffee, tea, and 58,311
cocoa; root beer and root beer extracts; malt and malt extracts; 58,312
mineral oils, cod liver oils, and halibut liver oil; medicines, 58,313
including tonics, vitamin preparations, and other products sold 58,314
primarily for their medicinal properties; and water, including 58,315
mineral, bottled, and carbonated waters, and ice. 58,316
(C) The levy of an excise tax on transactions by which 58,318
lodging by a hotel is or is to be furnished to transient guests 58,319
pursuant to this section and division (B) of section 5739.01 of 58,320
the Revised Code does not prevent any of the following: 58,321
(1) A municipal corporation or township from levying an 58,323
excise tax for any lawful purpose not to exceed three per cent on 58,324
transactions by which lodging by a hotel is or is to be furnished 58,325
to transient guests in addition to the tax levied by this 58,326
section. If a municipal corporation or township repeals a tax 58,327
imposed under division (C)(1) of this section and a county in 58,328
which the municipal corporation or township has territory has a 58,329
tax imposed under division (C) of section 5739.024 of the Revised 58,330
Code in effect, the municipal corporation or township may not 58,331
reimpose its tax as long as that county tax remains in effect. A 58,332
municipal corporation or township in which a tax is levied under 58,333
division (B)(2) of section 351.021 of the Revised Code may not 58,334
increase the rate of its tax levied under division (C)(1) of this 58,335
section to any rate that would cause the total taxes levied under 58,336
1313
both of those divisions to exceed three per cent on any lodging 58,337
transaction within the municipal corporation or township. 58,338
(2) A municipal corporation or a township from levying an 58,340
additional excise tax not to exceed three per cent on such 58,341
transactions pursuant to division (B) of section 5739.024 of the 58,342
Revised Code. Such tax is in addition to any tax imposed under 58,343
division (C)(1) of this section. 58,344
(3) A county from levying an excise tax not to exceed 58,346
three per cent of such transactions pursuant to division (A) of 58,347
section 5739.024 of the Revised Code. 58,348
(4) A county from levying an excise tax not to exceed 58,350
three per cent of such transactions pursuant to division (C) of 58,351
section 5739.024 of the Revised Code. Such a tax is in addition 58,352
to any tax imposed under division (C)(3) of this section. 58,353
(5) A convention facilities authority, as defined in 58,355
division (A) of section 351.01 of the Revised Code, from levying 58,356
the excise taxes provided for in division (B) of section 351.021 58,357
of the Revised Code. 58,358
(6) A county from levying an excise tax not to exceed one 58,360
and one-half per cent of such transactions pursuant to division 58,361
(D) of section 5739.024 of the Revised Code. Such tax is in 58,362
addition to any tax imposed under division (C)(3) or (4) of this 58,363
section. 58,364
(7) A county from levying an excise tax not to exceed one 58,366
and one-half per cent of such transactions pursuant to division 58,367
(E) of section 5739.024 of the Revised Code. Such a tax is in 58,368
addition to any tax imposed under division (C)(3), (4), or (6) of 58,369
this section. 58,370
(D) The levy of this tax on retail sales of recreation and 58,372
sports club service shall not prevent a municipal corporation 58,373
from levying any tax on recreation and sports club dues or on any 58,374
income generated by recreation and sports club dues. 58,375
Sec. 5739.024. (A)(1) A board of county commissioners may 58,383
by resolution adopted by a majority of the members of the board, 58,384
1314
levy an excise tax not to exceed three per cent on transactions 58,385
by which lodging by a hotel is or is to be furnished to transient 58,386
guests. The board shall establish all regulations necessary to 58,387
provide for the administration and allocation of the tax. The 58,388
EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(2) OF THIS SECTION, 58,389
THE regulations shall provide, after deducting the real and 58,390
actual costs of administering the tax, for the return to each 58,391
municipal corporation or township that does not levy an excise 58,392
tax on such transactions, a uniform percentage of the tax 58,393
collected in the municipal corporation or in the unincorporated 58,394
portion of the township from each such transaction, not to exceed 58,395
thirty-three and one-third per cent. The remainder of the 58,396
revenue arising from the tax shall be deposited in a separate 58,397
fund and shall be spent solely to make contributions to the 58,398
convention and visitors' bureau operating within the county, 58,399
including a pledge and contribution of any portion of such 58,400
remainder pursuant to an agreement authorized by section 307.695 58,401
of the Revised Code. On EXCEPT AS OTHERWISE PROVIDED UNDER 58,402
DIVISION (A)(2) OF THIS SECTION, ON and after the effective date 58,404
of this amendment MAY 10, 1994, a board of county commissioners 58,406
may not levy an excise tax pursuant to this division in any 58,407
municipal corporation or township located wholly or partly within 58,408
the county that has in effect an ordinance or resolution levying 58,409
an excise tax pursuant to division (B) of this section. The 58,410
board of a county that has levied a tax under division (C) of 58,411
this section may, by resolution adopted within ninety days after 58,412
July 15, 1985, by a majority of the members of the board, amend 58,413
the resolution levying a tax under this division to provide for a 58,414
portion of that tax to be pledged and contributed in accordance 58,415
with an agreement entered under section 307.695 of the Revised 58,416
Code. A tax, any revenue from which is pledged pursuant to such 58,417
an agreement, shall remain in effect at the rate at which it is 58,418
imposed for the duration of the period for which the revenue 58,419
therefrom has been so pledged.
1315
(2) A BOARD OF COUNTY COMMISSIONERS THAT LEVIES AN EXCISE 58,421
TAX UNDER DIVISION (A)(1) OF THIS SECTION ON THE EFFECTIVE DATE 58,422
OF THIS AMENDMENT AT A RATE OF THREE PER CENT, AND THAT HAS 58,423
PLEDGED REVENUE FROM THE TAX TO AN AGREEMENT ENTERED INTO UNDER 58,424
SECTION 307.695 OF THE REVISED CODE, MAY AMEND THE RESOLUTION 58,425
LEVYING THAT TAX TO PROVIDE FOR AN INCREASE IN THE RATE OF THE 58,426
TAX UP TO FIVE PER CENT ON EACH TRANSACTION; TO PROVIDE THAT 58,427
REVENUE FROM THE INCREASE IN THE RATE SHALL BE SPENT SOLELY TO 58,428
MAKE CONTRIBUTIONS TO THE CONVENTION AND VISITORS' BUREAU
OPERATING WITHIN THE COUNTY TO BE USED SPECIFICALLY FOR 58,429
PROMOTION, ADVERTISING, AND MARKETING OF THE REGION IN WHICH THE 58,430
COUNTY IS LOCATED; TO PROVIDE THAT THE RATE IN EXCESS OF THE 58,431
THREE PER CENT LEVIED UNDER DIVISION (A)(1) OF THIS SECTION SHALL 58,432
REMAIN IN EFFECT AT THE RATE AT WHICH IT IS IMPOSED FOR THE 58,433
DURATION OF THE PERIOD DURING WHICH ANY AGREEMENT IS IN EFFECT 58,434
THAT WAS ENTERED INTO UNDER SECTION 307.695 OF THE REVISED CODE
BY THE BOARD OF COUNTY COMMISSIONERS LEVYING A TAX UNDER DIVISION 58,435
(A)(1) OF THIS SECTION; AND TO PROVIDE THAT NO PORTION OF THAT 58,437
REVENUE NEED BE RETURNED TO TOWNSHIPS OR MUNICIPAL CORPORATIONS 58,438
AS WOULD OTHERWISE BE REQUIRED UNDER DIVISION (A)(1) OF THIS 58,439
SECTION.
(B) The legislative authority of a municipal corporation 58,441
or the board of trustees of a township that is not wholly or 58,442
partly located in a county that has in effect a resolution 58,443
levying an excise tax pursuant to division (A)(1) of this section 58,444
may by ordinance or resolution levy an excise tax not to exceed 58,445
three per cent on transactions by which lodging by a hotel is or 58,446
is to be furnished to transient guests. The legislative 58,447
authority of the municipal corporation or township shall deposit 58,448
at least fifty per cent of the revenue from the tax levied 58,449
pursuant to this division into a separate fund, which shall be 58,450
spent solely to make contributions to convention and visitors' 58,451
bureaus operating within the county in which the municipal 58,452
corporation or township is wholly or partly located, and the 58,453
1316
balance of such revenue shall be deposited in the general fund. 58,454
The municipal corporation or township shall establish all 58,455
regulations necessary to provide for the administration and 58,456
allocation of the tax. The levy of a tax under this division is 58,457
in addition to any tax imposed on the same transaction by a 58,458
municipal corporation or a township as authorized by division 58,459
(C)(1) of section 5739.02 of the Revised Code. 58,460
(C) For the purpose of making the payments authorized by 58,462
section 307.695 of the Revised Code to construct and equip a 58,463
convention center in the county and to cover the costs of 58,464
administering the tax, a board of county commissioners of a 58,465
county where a tax imposed under division (A)(1) of this section 58,466
is in effect may, by resolution adopted within ninety days after 58,467
the effective date of this amendment JULY 15, 1985, by a majority 58,469
of the members of the board, levy an additional excise tax not to 58,470
exceed three per cent on transactions by which lodging by a hotel 58,471
is or is to be furnished to transient guests. The tax authorized 58,472
by this division shall be in addition to any tax that is levied 58,473
pursuant to division (A) of this section, but it shall not apply 58,474
to transactions subject to a tax levied by a municipal 58,475
corporation or township pursuant to the authorization granted by 58,476
division (C)(1) of section 5739.02 of the Revised Code. The 58,477
board shall establish all regulations necessary to provide for 58,478
the administration and allocation of the tax. All revenues 58,479
arising from the tax shall be expended in accordance with section 58,480
307.695 of the Revised Code. A tax imposed under this section 58,481
shall remain in effect at the rate at which it is imposed for the 58,482
duration of the period for which the revenue therefrom has been 58,483
pledged pursuant to such section. 58,484
(D) For the purpose of providing contributions under 58,486
division (B)(1) of section 307.671 of the Revised Code to enable 58,487
the acquisition, construction, and equipping of a port authority 58,488
educational and cultural facility in the county and, to the 58,489
extent provided for in the cooperative agreement authorized by 58,490
1317
that section, for the purpose of paying debt service charges on 58,491
bonds, or notes in anticipation thereof, described in division 58,492
(B)(1)(b) of that section, a board of county commissioners, by 58,493
resolution adopted within ninety days after the effective date of 58,494
this amendment DECEMBER 22, 1992, by a majority of the members of 58,496
the board, may levy an additional excise tax not to exceed one 58,497
and one-half per cent on transactions by which lodging by a hotel 58,498
is or is to be furnished to transient guests. The excise tax 58,499
authorized by this division shall be in addition to any tax that 58,500
is levied pursuant to divisions (A), (B), and (C) of this 58,501
section, to any excise tax levied pursuant to division (C) of 58,502
section 5739.02 of the Revised Code, and to any excise tax levied 58,503
pursuant to section 351.021 of the Revised Code. The board of 58,504
county commissioners shall establish all regulations necessary to 58,505
provide for the administration and allocation of the tax that are 58,506
not inconsistent with this section or section 307.671 of the 58,507
Revised Code. All revenues arising from the tax shall be 58,508
expended in accordance with section 307.671 of the Revised Code 58,509
and division (D) of this section. The levy of a tax imposed 58,510
under this section may not commence prior to the first day of the 58,511
month next following the execution of the cooperative agreement 58,512
authorized by section 307.671 of the Revised Code by all parties 58,513
to that agreement. Such tax shall remain in effect at the rate 58,514
at which it is imposed for the period of time described in 58,515
division (C) of section 307.671 of the Revised Code for which the 58,516
revenue from the tax has been pledged by the county to the 58,517
corporation pursuant to such section, but, to any extent provided 58,518
for in the cooperative agreement, for no lesser period than the 58,519
period of time required for payment of the debt service charges 58,520
on bonds, or notes in anticipation thereof, described in division 58,521
(B)(1)(b) of that section. 58,522
(E) For the purpose of paying the costs of acquiring, 58,524
constructing, equipping, and improving a municipal educational 58,525
and cultural facility, including debt service charges on bonds 58,526
1318
provided for in division (B) of section 307.672 of the Revised 58,527
Code, and for such additional purposes as are determined by the 58,528
county in the resolution levying the tax or amendments thereto, 58,529
the legislative authority of a county, by resolution adopted 58,530
within ninety days after the effective date of this amendment 58,532
JUNE 30, 1993, by a majority of the members of the legislative 58,533
authority, may levy an additional excise tax not to exceed one 58,534
and one-half per cent on transactions by which lodging by a hotel 58,535
is or is to be furnished to transient guests. The excise tax 58,536
authorized by this division shall be in addition to any tax that 58,537
is levied pursuant to divisions (A), (B), (C), and (D) of this 58,538
section, to any excise tax levied pursuant to division (C) of 58,539
section 5739.02 of the Revised Code, and to any excise tax levied 58,540
pursuant to section 351.021 of the Revised Code. The legislative 58,541
authority of the county shall establish all regulations necessary 58,542
to provide for the administration and allocation of the tax. All 58,543
revenues arising from the tax shall be expended in accordance 58,544
with section 307.672 of the Revised Code and division (E) of this 58,545
section. The levy of a tax imposed under this division shall not 58,546
commence prior to the first day of the month next following the 58,547
execution of the cooperative agreement authorized by section 58,548
307.672 of the Revised Code by all parties to that agreement. 58,549
Such tax shall remain in effect at the rate at which it is 58,550
imposed for the period of time determined by the legislative 58,551
authority of the county, but not to exceed fifteen years. 58,552
Sec. 5739.033. The amount of tax due pursuant to sections 58,561
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is 58,562
the sum of the taxes imposed pursuant to those sections at the 58,563
situs of the consummation of the sale as determined under this 58,564
section. 58,565
(A) Except as otherwise provided in this section and 58,567
division (C) of section 5739.031 of the Revised Code, all sales 58,568
are conclusively determined to be consummated at the vendor's 58,569
place of business. 58,570
1319
(1) If the consumer or his THE CONSUMER'S agent takes 58,572
possession of the tangible personal property at a place of 58,574
business of the vendor where the purchase contract or agreement 58,575
was made, the sale is consummated at that place of business. 58,576
(2) If the consumer or his THE CONSUMER'S agent takes 58,578
possession of the tangible personal property other than at a 58,580
place of business of the vendor, or takes possession at a 58,581
warehouse or similar facility of the vendor, the sale is 58,582
consummated at the vendor's place of business where the purchase 58,583
contract or agreement was made or the purchase order was 58,584
received.
(3) If the vendor provides a service specified in division 58,586
(B)(3)(a), (b), (c), or (d), (n), OR (o) of section 5739.01 of 58,588
the Revised Code, the sale is consummated at the vendor's place 58,589
of business where the service is performed or the contract or 58,590
agreement for the service was made or the purchase order was 58,591
received.
(B) If the vendor is a transient vendor as specified in 58,593
division (B) of section 5739.17 of the Revised Code, the sale is 58,594
conclusively determined to be consummated at the vendor's 58,595
temporary place of business or, if the transient vendor is the 58,596
lessor of titled motor vehicles, titled watercraft, or titled 58,597
outboard motors, at the location where the lessee keeps the 58,598
leased property. 58,599
(C) If the vendor is a limited vendor as specified in 58,601
division (B) of section 5739.17 of the Revised Code, the sale is 58,602
conclusively determined to be consummated at the temporary event 58,603
at which the vendor is making sales. 58,604
(D) If the vendor makes sales of tangible personal 58,606
property from a stock of goods carried in a motor vehicle, from 58,607
which the purchaser makes selection and takes possession, or from 58,608
which the vendor sells tangible personal property the quantity of 58,609
which has not been determined prior to the time the purchaser 58,610
takes possession, the sale is conclusively determined to be 58,611
1320
consummated at the location of the motor vehicle when the sale is 58,612
made. 58,613
(E) If the vendor is a delivery vendor as specified in 58,615
division (D) of section 5739.17 of the Revised Code, the sale is 58,616
conclusively determined to be consummated at the place where the 58,617
tangible personal property is delivered, where the leased 58,618
property is used, or where the service is performed or received. 58,619
(F) If the vendor provides a service specified in division 58,621
(B)(3)(e), (g), or (h), (j), (k), (l), OR (m) of section 5739.01 58,623
of the Revised Code, the sale is conclusively determined to be 58,624
consummated at the location of the consumer where the service is 58,625
performed or received. 58,626
(G) If the vendor provides a service specified in division 58,628
(B)(3)(f) or (i) of section 5739.01 of the Revised Code, the sale 58,629
is conclusively determined to be consummated at the location of 58,630
the telephone number or account as reflected in the records of 58,631
the vendor. If, in the case of a telecommunications service, the 58,632
telephone number or account is located outside this state, the 58,633
sale is conclusively determined to be consummated at the location 58,634
in this state from which the service originated. 58,635
(H) If the vendor provides lodging to transient guests as 58,637
specified in division (B)(2) of section 5739.01 of the Revised 58,638
Code, the sale is conclusively determined to be consummated at 58,639
the location where the lodging is located. 58,640
(I) If the vendor sells a warranty, maintenance or service 58,642
contract, or similar agreement as specified in division (B)(7) of 58,643
section 5739.01 of the Revised Code and the vendor is a delivery 58,644
vendor, the sale is conclusively determined to be consummated at 58,645
the location of the consumer. If the vendor is not a delivery 58,646
vendor, the sale is conclusively determined to be consummated at 58,647
the vendor's place of business where the contract or agreement 58,648
was made, unless the warranty or contract is a component of the 58,649
sale of a titled motor vehicle, titled watercraft, or titled 58,650
outboard motor, in which case the sale is conclusively determined 58,651
1321
to be consummated in the county of titling. 58,652
Sec. 5739.07. (A) The tax commissioner shall refund to 58,661
vendors the amount of taxes paid illegally or erroneously or paid 58,662
on any illegal or erroneous assessment where IF the vendor has 58,663
not BEEN reimbursed himself from the consumer. When the illegal 58,665
or erroneous payment or assessment was not paid to a vendor but 58,666
was paid by the consumer directly to the treasurer of state, or 58,667
his AN agent OF THE TREASURER OF STATE, he THE TAX COMMISSIONER 58,669
shall refund to the consumer. When a refund is granted for 58,670
payment of an illegal or erroneous assessment issued by the
department, the refund shall include interest as provided by 58,671
section 5739.132 of the Revised Code. Applications 58,672
(B) THE TAX COMMISSIONER MAY MAKE A REFUND TO THE CONSUMER 58,674
OF TAXES PAID ILLEGALLY OR ERRONEOUSLY IF THE TAX HAS NOT BEEN 58,675
REFUNDED TO THE VENDOR AND ANY OF THE FOLLOWING CIRCUMSTANCES 58,676
APPLY: 58,677
(1) THE CONSUMER IS UNABLE TO RECEIVE A REFUND FROM THE 58,680
VENDOR BECAUSE THE VENDOR HAS CEASED BUSINESS;
(2) THE VENDOR IS UNABLE TO ISSUE A REFUND BECAUSE OF 58,683
BANKRUPTCY OR SIMILAR FINANCIAL CONDITION;
(3) THE CONSUMER RECEIVES A REFUND OF THE FULL PRICE PAID 58,685
TO THE VENDOR FROM A MANUFACTURER OR OTHER PERSON, OTHER THAN THE 58,687
VENDOR, AS A SETTLEMENT FOR A COMPLAINT BY THE CONSUMER ABOUT THE 58,688
PROPERTY OR SERVICE PURCHASED.
(C) APPLICATIONS for refund shall be filed with the tax 58,691
commissioner, on the form prescribed by him THE TAX COMMISSIONER, 58,692
within four years from the date of the illegal or erroneous 58,694
payment of the tax except where, UNLESS the vendor or consumer 58,695
waives the time limitation under division (A)(3) of section 58,696
5739.16 of the Revised Code, in which case. IF THE TIME 58,697
LIMITATION IS WAIVED, the four-year refund limitation shall be 58,699
extended for the same period of time as the waiver. On the 58,700
filing of an application for refund, the commissioner shall 58,701
determine the amount of refund due and certify that amount to the 58,702
1322
director of budget and management and treasurer of state for 58,703
payment from the tax refund fund created by section 5703.052 of 58,704
the Revised Code.
Sec. 5739.072. In the event any person who is entitled to 58,713
a refund from the state, a county, or transit authority levying 58,715
an additional sales tax pursuant to section 5739.021, 5739.023, 58,716
or 5739.026 of the Revised Code UNDER THIS CHAPTER is indebted to 58,717
the state for any sales, use, or highway use tax or to such 58,718
county or transit authority for any sales or use tax as certified 58,719
to FEE ADMINISTERED BY the tax commissioner by the auditor of 58,721
each county or fiscal officer of each transit authority THAT IS 58,722
PAID TO THE STATE OR TO THE CLERK OF COURTS PURSUANT TO SECTION
4505.06 OF THE REVISED CODE, OR ANY CHARGE, PENALTY, OR INTEREST 58,723
ARISING FROM SUCH A TAX OR FEE, the balance allowable on the 58,725
refund application shall AMOUNT REFUNDABLE MAY be applied in 58,726
satisfaction of the amount due the state, county, or transit 58,727
authority DEBT. If the amount refundable is less than the amount 58,728
due OF the state, county, or transit authority DEBT, it shall MAY 58,729
be applied in partial satisfaction of the amount due the state, 58,730
county, or transit authority DEBT. IF THE AMOUNT REFUNDABLE IS 58,731
GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT REMAINING AFTER 58,732
SATISFACTION OF THE DEBT SHALL BE REFUNDED. IF THE PERSON HAS
MORE THAN ONE SUCH DEBT, ANY DEBT SUBJECT TO SECTION 5739.33 OR 58,733
DIVISION (G) OF SECTION 5747.07 OF THE REVISED CODE SHALL BE 58,734
SATISFIED FIRST. THIS SECTION APPLIES ONLY TO DEBTS THAT HAVE 58,735
BECOME FINAL.
Sec. 5739.13. (A) If any vendor collects the tax imposed 58,743
by or pursuant to section 5739.02, 5739.021, 5739.023, or 58,744
5739.026 of the Revised Code, and fails to remit the tax to the 58,745
state as prescribed, or on the sale of a motor vehicle, 58,746
watercraft, or outboard motor required to be titled, fails to 58,747
remit payment to a clerk of a court of common pleas as provided 58,748
in section 1548.06 or 4505.06 of the Revised Code, he THE VENDOR 58,750
shall be personally liable for any tax collected which he fails 58,751
1323
to remit AND NOT REMITTED. The tax commissioner may make an 58,753
assessment against such vendor based upon any information in the 58,754
commissioner's possession.
If any vendor fails to collect the tax or any consumer 58,756
fails to pay the tax imposed by or pursuant to section 5739.02, 58,757
5739.021, 5739.023, or 5739.026 of the Revised Code, on any 58,758
transaction subject to the tax, the vendor or consumer shall be 58,759
personally liable for the amount of the tax applicable to the 58,760
transaction. If any vendor fails to pay the annual license 58,761
renewal fee required by division (E) of section 5739.17 of the 58,762
Revised Code, the vendor shall be personally liable for the 58,763
unpaid fee. The commissioner may make an assessment against 58,764
either the vendor or consumer, as the facts may require, based 58,765
upon any information in the commissioner's possession. 58,766
An assessment against a vendor when the tax imposed by or 58,768
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of 58,769
the Revised Code has not been collected or paid, shall not 58,770
discharge the purchaser's or consumer's liability to reimburse 58,771
the vendor for the tax applicable to such transaction. 58,772
An assessment issued against either, pursuant to this 58,774
section, shall not be considered an election of remedies, nor a 58,775
bar to an assessment against the other for the tax applicable to 58,776
the same transaction, provided that no assessment shall be issued 58,777
against any person for the tax due on a particular transaction if 58,778
the tax on that transaction actually has been paid by another. 58,779
The commissioner may make an assessment against any vendor 58,781
who fails to file a return or remit the proper amount of tax 58,782
required by this chapter, or against any consumer who fails to 58,783
pay the proper amount of tax required by this chapter. When 58,784
information in the possession of the commissioner indicates that 58,785
the amount required to be collected or paid under this chapter is 58,786
greater than the amount remitted by the vendor or paid by the 58,787
consumer, the commissioner may audit a sample of the vendor's 58,788
sales or the consumer's purchases for a representative period, to 58,789
1324
ascertain the per cent of exempt or taxable transactions or the 58,790
effective tax rate and may issue an assessment based on the 58,791
audit. The commissioner shall make a good faith effort to reach 58,792
agreement with the vendor or consumer in selecting a 58,793
representative sample period. 58,794
The tax commissioner may make an assessment, based on any 58,796
information in his possession, against any person who fails to 58,797
file a return or remit the proper amount of tax required by 58,798
section 5739.102 of the Revised Code. 58,799
The tax commissioner may issue an assessment on any 58,801
transaction for which any tax imposed under this chapter or 58,802
Chapter 5741. of the Revised Code was due and unpaid on the date 58,803
the vendor or consumer was informed by an agent of the tax 58,804
commissioner of an investigation or audit. If the vendor or 58,805
consumer remits any payment of the tax for the period covered by 58,806
the assessment after the vendor or consumer was informed of the 58,807
investigation or audit, the payment shall be credited against the 58,808
amount of the assessment. 58,809
The commissioner shall give the party assessed written 58,811
notice of the assessment by personal service or certified mail. 58,812
All assessments, exclusive of penalties, not paid within thirty 58,813
days after service of the notice of assessment, shall bear 58,814
interest at the rate per annum prescribed by section 5703.47 of 58,815
the Revised Code. 58,816
(B) Unless the party to whom the notice of assessment is 58,818
directed files with the commissioner within thirty days after 58,819
service of the notice of assessment, either personally or by 58,820
certified mail, a petition for reassessment in writing, signed by 58,821
the party assessed, or by his THE PARTY'S authorized agent having 58,823
knowledge of the facts, the assessment shall become conclusive 58,824
FINAL and the amount of the assessment shall be due and payable 58,826
from the party assessed to the treasurer of state. The petition 58,827
shall indicate the objections of the party assessed, but 58,828
additional objections may be raised in writing if received prior 58,829
1325
to the date shown on the final determination by the commissioner. 58,830
Unless the petitioner waives a hearing, the commissioner 58,832
shall assign a time and place for the hearing on the petition and 58,833
notify the petitioner of the time and place of the hearing by 58,834
personal service or certified mail, but the commissioner may 58,835
continue the hearing from time to time if necessary. 58,836
The commissioner may make such correction to his THE 58,838
assessment as he THE COMMISSIONER finds proper. The commissioner 58,839
shall serve a copy of his THE COMMISSIONER'S final determination 58,841
on the petitioner by personal service or certified mail, and his 58,842
THE COMMISSIONER'S decision in the matter shall be final, subject 58,844
to appeal as provided in section 5717.02 of the Revised Code. 58,845
Only objections decided on the merits by the board of tax appeals 58,846
or a court shall be given collateral estoppel or res judicata 58,847
effect in considering an application for refund of amounts paid 58,848
pursuant to the assessment.
(C) After an assessment becomes final, if any portion of 58,850
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 58,851
certified copy of the commissioner's entry making the assessment 58,853
final may be filed in the office of the clerk of the court of 58,854
common pleas in the county in which the place of business of the 58,855
party assessed is located or the county in which the party 58,856
assessed resides. If the party assessed maintains no place of 58,857
business in this state and is not a resident of this state, the 58,858
certified copy of the entry may be filed in the office of the 58,859
clerk of the court of common pleas of Franklin county. 58,860
The clerk, immediately upon the filing of such entry, shall 58,862
enter a judgment for the state against the party assessed in the 58,863
amount shown on the entry. The judgment may be filed by the 58,864
clerk in a loose-leaf book entitled "special judgments for state, 58,865
county, and transit authority retail sales tax" or, if 58,866
appropriate, "special judgments for resort area excise tax."," 58,868
AND SHALL HAVE THE SAME EFFECT AS OTHER JUDGMENTS. EXECUTION 58,869
SHALL ISSUE UPON THE JUDGMENT UPON THE REQUEST OF THE TAX 58,870
1326
COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES ON EXECUTION SHALL 58,871
APPLY TO SALES MADE UNDER THE JUDGMENT EXCEPT AS OTHERWISE 58,872
PROVIDED IN THIS CHAPTER.
From the date of the filing of the entry in the clerk's 58,874
office, the unpaid THE portion of the assessment NOT PAID WITHIN 58,875
THIRTY DAYS AFTER THE DATE THE ASSESSMENT WAS ISSUED shall bear 58,876
interest at the rate per annum prescribed by section 5703.47 of 58,877
the Revised Code and shall have the same effect as other 58,878
judgments. Execution shall issue upon the judgment upon request 58,879
of the commissioner, and all laws applicable to sales on 58,880
execution shall be applicable to sales made under the judgment 58,881
except as provided in sections 5739.01 to 5739.31 of the Revised 58,882
Code FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT 58,883
UNTIL THE ASSESSMENT IS PAID. INTEREST SHALL BE PAID IN THE SAME 58,885
MANNER AS THE TAX AND MAY BE COLLECTED BY ISSUING AN ASSESSMENT 58,886
UNDER THIS SECTION.
(D) All money collected by the commissioner under this 58,888
section shall be paid to the treasurer of state, and when paid 58,889
shall be considered as revenue arising from the taxes imposed by 58,890
or pursuant to sections 5739.01 to 5739.31 of the Revised Code. 58,891
Sec. 5739.132. (A) IF A TAX PAYMENT ORIGINALLY DUE UNDER 58,901
THIS CHAPTER OR CHAPTER 5741. OF THE REVISED CODE ON OR AFTER 58,903
JANUARY 1, 1998, IS NOT PAID ON OR BEFORE THE DAY THE TAX IS 58,904
REQUIRED TO BE PAID, INTEREST SHALL ACCRUE ON THE UNPAID TAX AT 58,905
THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE REVISED 58,907
CODE FROM THE DAY THE TAX WAS REQUIRED TO BE PAID UNTIL THE TAX 58,909
IS PAID OR UNTIL THE DAY AN ASSESSMENT IS ISSUED UNDER SECTION
5739.13 OR 5739.15 OF THE REVISED CODE, WHICHEVER OCCURS FIRST. 58,910
INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX, AND MAY BE 58,911
COLLECTED BY ASSESSMENT.
If the tax imposed by this chapter or Chapter 5741. of the 58,914
Revised Code or any portion of such tax, as determined by the tax 58,915
commissioner, is not paid on or before the thirtieth day after 58,916
service of the notice of assessment as provided by section 58,917
1327
5739.13 of the Revised Code, such unpaid amount of tax shall bear 58,918
interest as of the thirty-first day after service of the notice 58,919
of assessment to the date of payment. The interest shall be 58,920
computed at the rate per annum prescribed by section 5703.47 of 58,921
the Revised Code. Such interest may be collected by assessment 58,922
in the manner provided in section 5739.13 of the Revised Code. 58,923
All interest collected by the commissioner under this section 58,924
shall be paid to the treasurer of state, and when paid shall be 58,925
considered as revenue arising from the taxes imposed by this 58,926
chapter or Chapter 5741. of the Revised Code.
(B) Interest FOR TAX PAYMENTS DUE PRIOR TO JANUARY 1, 58,928
1998, INTEREST shall be allowed and paid upon any refund granted 58,930
in respect to the payment of an illegal or erroneous assessment 58,931
issued by the department for the tax imposed under this chapter 58,932
or Chapter 5741. of the Revised Code from the date of the 58,933
overpayment. FOR TAX PAYMENTS DUE ON OR AFTER JANUARY 1, 1998, 58,934
INTEREST SHALL BE ALLOWED AND PAID ON ANY REFUND GRANTED PURSUANT
TO SECTION 5739.07 OR 5741.10 OF THE REVISED CODE FROM THE DATE 58,935
OF THE OVERPAYMENT. The interest shall be computed at the rate 58,936
per annum prescribed by section 5703.47 of the Revised Code. 58,937
Sec. 5739.133. (A) A penalty shall be added to every 58,946
amount assessed under section 5739.13 or 5739.15 of the Revised 58,947
Code as follows: 58,948
(1) In the case of an assessment against a person who 58,950
fails to file a return required by this chapter, fifty per cent 58,951
of the amount assessed; 58,952
(2) In the case of a person whom the tax commissioner 58,954
believes has collected the tax but failed to remit it to the 58,955
state as required by this chapter, fifty per cent of the amount 58,956
assessed; 58,957
(3) In the case of all other assessments, fifteen per cent 58,959
of the amount assessed. 58,960
No amount assessed under section 5739.13 or 5739.15 of the 58,962
Revised Code shall be subject to a penalty under this division in 58,963
1328
excess of fifty per cent of the amount assessed. 58,964
(B) All assessments issued under section 5739.13 and 58,966
5739.15 of the Revised Code shall include preassessment interest 58,967
computed at the rate per annum prescribed by section 5703.47 of 58,969
the Revised Code. Beginning January 1, 1988, preassessment
interest shall begin to accrue on the first day of January of the 58,970
year following the date on which the person assessed was required 58,971
to report and pay the tax under the provisions of this chapter or 58,972
Chapter 5741. of the Revised Code, and shall run until the date 58,973
of the notice of assessment. If an assessment is issued within 58,974
the first twelve months after the interest begins to accrue, no 58,975
preassessment interest shall be assessed. WITH RESPECT TO TAXES 58,976
REQUIRED TO BE PAID UNDER THIS CHAPTER OR CHAPTER 5741. OF THE 58,978
REVISED CODE ON OR AFTER JANUARY 1, 1998, INTEREST SHALL ACCRUE 58,980
AS PRESCRIBED IN DIVISION (A) OF SECTION 5739.132 OF THE REVISED 58,981
CODE.
(C) The commissioner may adopt rules providing for the 58,983
remission of any penalty provided for under this section. 58,984
Sec. 5739.15. (A) If the tax commissioner finds that a 58,993
vendor, consumer, or officer, employee, or trustee of a 58,994
corporation or business trust who is liable for any tax or charge 58,995
levied by this chapter or Chapter 5741. of the Revised Code is 58,996
about to depart from the state, remove his THE PERSON'S property 58,997
from the state, conceal himself THE PERSON'S SELF or his 58,998
property, or do any other act tending to prejudice, obstruct, or 59,000
render wholly or partly ineffectual proceedings to collect the 59,001
tax unless the proceedings are commenced without delay, or if the 59,002
commissioner believes that the collection of the amount due from 59,003
any vendor, consumer, or officer, employee, or trustee of a 59,004
corporation or business trust will be jeopardized by delay, the 59,005
commissioner may issue a jeopardy assessment against the person 59,006
for the amount of the tax or charge plus a penalty as provided by 59,007
section 5739.133 of the Revised Code. Upon issuance of a 59,008
jeopardy assessment under this division, the total amount 59,009
1329
assessed shall immediately be due and payable unless security is 59,010
provided pursuant to division (C) of this section. Any tax or 59,011
charges assessed or refund of tax or charges assessed ASSESSMENT 59,012
ISSUED UNDER THIS SECTION shall bear interest in the manner AS 59,013
prescribed by section 5739.132 5739.13 of the Revised Code. 59,014
(B) The commissioner immediately shall file an entry with 59,016
the clerk of the court of common pleas in the same manner and 59,017
with the same effect as provided in section 5739.13 of the 59,018
Revised Code. Notice of the jeopardy assessment shall be served 59,019
on the person assessed or his THE PERSON'S legal representative 59,020
within five days of the filing of the entry. The person assessed 59,021
may petition for reassessment within thirty days of his receipt 59,022
of the notice of jeopardy assessment in the same manner as 59,023
provided in section 5739.13 of the Revised Code. Full or partial 59,024
payment of the assessment shall not prejudice the commissioner's 59,025
consideration of the merits of the assessment as contested by the 59,026
petition for reassessment. Upon notification of the existence of 59,027
the judgment filed pursuant to this division, any public official 59,028
having control or custody of any funds or property of the person 59,029
assessed immediately shall pay or deliver the funds or property 59,030
to the commissioner as full or partial satisfaction of the 59,031
jeopardy assessment. However, funds or property needed as 59,032
evidence in criminal proceedings or that is expected to be 59,033
forfeited pursuant to section 2923.35, 2933.41, or 2933.43 of the 59,034
Revised Code, need not be relinquished by the public official. 59,035
Upon disposition of criminal and forfeiture proceedings, funds 59,036
and property not needed as evidence and not forfeited shall be 59,037
delivered to the commissioner. 59,038
(C) If the person subject to a jeopardy assessment files a 59,040
petition for reassessment and posts security satisfactory to the 59,041
commissioner in an amount sufficient to satisfy the unpaid 59,042
balance of the assessment, execution on the judgment shall be 59,043
stayed pending disposition of the petition for reassessment and 59,044
all appeals resulting from the petition. If the security is 59,045
1330
sufficient to satisfy the full amount of the assessment, the 59,046
commissioner shall return any funds or property of the person 59,047
previously seized. Upon satisfaction of the assessment, the 59,048
commissioner shall order the security released and the judgment 59,049
vacated. 59,050
Sec. 5739.17. (A) No person shall engage in making retail 59,059
sales subject to a tax imposed by or pursuant to section 5739.02, 59,060
5739.021, 5739.023, or 5739.026 of the Revised Code as a business 59,061
without having a license therefor, except as otherwise provided 59,062
in divisions (A)(1), (2), and (3) of this section. 59,063
(1) In the dissolution of a partnership by death, the 59,065
surviving partner may operate under the license of the 59,066
partnership for a period of sixty days. 59,067
(2) The heirs or legal representatives of deceased 59,069
persons, and receivers and trustees in bankruptcy, appointed by 59,070
any competent authority, may operate under the license of the 59,071
person so succeeded in possession. 59,072
(3) Two or more persons who are not partners may operate a 59,074
single place of business under one license. In such case neither 59,075
the retirement of any such person from business at that place of 59,076
business, nor the entrance of any person, under an existing 59,077
arrangement, shall affect the license or require the issuance of 59,078
a new license, unless the person retiring from the business is 59,079
the individual named on the vendor's license. 59,080
Except as otherwise provided in this section, each 59,082
applicant for a license shall make out and deliver to the county 59,083
auditor of each county in which he THE APPLICANT desires to 59,084
engage in business, upon a blank to be furnished by such auditor 59,086
for that purpose, a statement showing the name of the applicant, 59,087
each place of business in the county where the applicant will 59,088
make retail sales, the nature of the business, and any other 59,089
information the tax commissioner reasonably prescribes in the 59,090
form of statement prescribed by him THE COMMISSIONER. 59,091
At the time of making the application, the applicant shall 59,093
1331
pay into the county treasury a license fee in the sum of 59,094
twenty-five dollars for each fixed place of business in the 59,095
county where retail sales will be consummated. Upon receipt of 59,096
the application and exhibition of the county treasurer's receipt, 59,097
showing the payment of the license fee, the county auditor shall 59,098
issue to the applicant a license for each fixed place of business 59,099
designated in the application, authorizing the applicant to 59,100
engage in business at the that location. If a vendor's identity 59,101
or the location of his THE VENDOR'S place of business changes, 59,102
the vendor shall apply for a new license. The form of the 59,104
license shall be prescribed by the commissioner. The fees 59,105
collected shall be credited to the general fund of the county. 59,106
Except as otherwise provided in this section, if a vendor 59,108
has no fixed place of business and sells from a vehicle, each 59,109
vehicle intended to be used within a county constitutes a place 59,110
of business for the purpose of this section. 59,111
(B) As used in this division, "transient vendor" means any 59,113
person who leases titled motor vehicles, titled watercraft, or 59,114
titled outboard motors or, in the usual course of his THE 59,115
PERSON'S business, transports inventory, stock of goods, or 59,116
similar tangible personal property to a temporary place of 59,118
business in a county in which he THE PERSON has no fixed place of 59,119
business, for the purpose of making retail sales of such 59,121
property. A "temporary place of business" means any public or 59,122
quasi-public place including, but not limited to, a hotel, 59,123
rooming house, storeroom, building, part of a building, tent, 59,124
vacant lot, railroad car, or motor vehicle that is temporarily 59,125
occupied for the purpose of making retail sales of goods to the 59,126
public. A place of business is not temporary if the same person 59,127
conducted business at the place continuously for more than six 59,128
months, OR occupied the premises as his THE PERSON'S permanent 59,129
residence for more than six months, or if the person intends it 59,131
to be a fixed place of business.
As used in this division, "limited vendor" means any person 59,133
1332
who, in order to participate in a temporary exhibition, show, 59,134
fair, flea market, or similar event, transports inventory, stock 59,135
of goods, or similar property to a temporary place of business 59,136
located at a temporary exhibition, show, fair, flea market, or 59,137
similar event held in a county in which he THE PERSON has no 59,138
fixed place of business for which he THE PERSON holds a vendor's 59,139
license for the purpose of making retail sales of such property. 59,141
Any transient vendor, in lieu of obtaining a vendor's 59,143
license under division (A) of this section for counties in which 59,144
he THE TRANSIENT VENDOR has no fixed place of business, may apply 59,146
to the tax commissioner, on a form prescribed by him THE 59,147
COMMISSIONER, for a transient vendor's license. The transient 59,149
vendor's license authorizes the transient vendor to make retail 59,150
sales in any county in which he THE TRANSIENT VENDOR does not 59,151
maintain a fixed place of business. Any holder of a transient 59,152
vendor's license shall not be required to obtain a separate
vendor's license from the county auditor in that county. Upon 59,153
the tax commissioner's determination that an applicant is a 59,154
transient vendor, the applicant shall pay a license fee in the 59,155
amount of one hundred dollars, at which time the tax commissioner 59,156
shall issue the license. The tax commissioner may require a 59,157
vendor to be licensed as a transient vendor if, in the opinion of 59,158
the commissioner, such licensing is necessary for the efficient 59,159
administration of the tax. 59,160
Any limited vendor, in lieu of obtaining a vendor's license 59,162
under division (A) of this section for a county in which he THE 59,163
LIMITED VENDOR has no fixed place of business for which he THE 59,164
LIMITED VENDOR holds a vendor's license may apply to the tax 59,165
commissioner or the county auditor of that county, on a form 59,167
prescribed by the commissioner, for a limited vendor's license. 59,168
The limited vendor's license authorizes the limited vendor to 59,169
make retail sales at a temporary exhibition, show, fair, flea 59,170
market, or similar event held in that county for the duration of 59,171
the event or twenty days, whichever period is shorter. Any 59,172
1333
holder of a limited vendor's license shall not be required to 59,173
obtain a separate vendor's license pursuant to division (A) of 59,174
this section from the county auditor in that county or transient 59,175
vendor's license from the tax commissioner in order to 59,176
participate in the event. The applicant shall pay a license fee 59,177
in the amount of five dollars, at which time the tax commissioner 59,178
or county auditor shall issue a license for making retail sales 59,179
at the event designated in the application. Fees collected for 59,180
licenses issued by a county auditor shall be credited to the 59,181
general fund of the county. Fees collected for licenses issued 59,182
by the tax commissioner shall be credited to the state general 59,183
revenue fund.
A limited vendor who makes retail sales at an event and who 59,185
is not the holder of a transient vendor's license or a vendor's 59,186
license for the county in which the event is held, shall file a 59,187
tax return for and remit the tax on any sales made at the event 59,188
according and subject to the requirements of section 5739.12 of 59,189
the Revised Code; except that the return and the remittance shall 59,190
be made within fifteen days of the close of the event. 59,191
Any holder of a valid transient vendor's license may make 59,193
retail sales as a limited vendor at a temporary exhibition, show, 59,194
fair, flea market, or similar event, held anywhere in the state 59,195
without obtaining a limited vendor's license and without 59,196
complying with any provision of section 311.37 of the Revised 59,197
Code. Any holder of a valid vendor's license may make retail 59,198
sales as a limited vendor at a temporary exhibition, show, fair, 59,199
flea market, or similar event held in any county in which he THE 59,200
VENDOR maintains a fixed place of business for which he THE 59,201
VENDOR holds a vendor's license without obtaining a limited 59,203
vendor's license.
(C) As used in this division, "service vendor" means any 59,205
person who, in the usual course of his THE PERSON'S business, 59,206
sells services described in division (B)(3)(e), (f), (g), (h), or 59,207
(i), (j), (k), (l), OR (m) of section 5739.01 of the Revised 59,209
1334
Code.
Every service vendor shall make application to the tax 59,211
commissioner for a service vendor's license. Each applicant 59,212
shall pay a license fee in the amount of twenty-five dollars. 59,213
Upon the commissioner's determination that an applicant is a 59,214
service vendor and payment of the fee, the commissioner shall 59,215
issue the applicant a service vendor's license. 59,216
Only sales described in division (B)(3)(e), (f), (g), (h), 59,218
or (i), (j), (k), (l), OR (m) of section 5739.01 of the Revised 59,220
Code may be made under authority of a service vendor's license, 59,221
and that license authorizes sales to be made at any place in this 59,222
state. Any service vendor who makes sales of other services or 59,223
tangible personal property subject to the sales tax also shall be 59,224
licensed under division (A), (B), or (D) of this section. 59,225
(D) As used in this division, "delivery vendor" means any 59,227
vendor who engages in one or more of the activities described in 59,228
divisions (D)(1) to (4) of this section, and who maintains no 59,229
store, showroom, or similar fixed place of business or other 59,230
location where merchandise regularly is offered for sale or 59,231
displayed or shown in catalogs for selection or pick-up by 59,232
consumers, or where consumers bring goods for repair or other 59,233
service. 59,234
(1) The vendor makes retail sales of tangible personal 59,236
property; 59,237
(2) The vendor rents or leases, at retail, tangible 59,239
personal property, except titled motor vehicles, titled 59,240
watercraft, or titled outboard motors; 59,241
(3) The vendor provides a service, at retail, described in 59,243
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the 59,244
Revised Code; or 59,245
(4) The vendor makes retail sales of warranty, maintenance 59,247
or service contracts, or similar agreements as described in 59,248
division (B)(7) of section 5739.01 of the Revised Code. 59,249
A transient or limited vendor or a seller registered 59,251
1335
pursuant to section 5741.17 of the Revised Code is not a delivery 59,252
vendor. 59,253
Delivery vendors shall apply to the tax commissioner, on a 59,255
form prescribed by the commissioner, for a delivery vendor's 59,256
license. Each applicant shall pay a license fee of twenty-five 59,257
dollars for each delivery vendor's license, to be credited to the 59,258
general revenue fund. Upon the commissioner's determination that 59,259
the applicant is a delivery vendor, the commissioner shall issue 59,260
the license. A delivery vendor's license authorizes retail sales 59,261
to be made throughout the state. All sales of the vendor must be 59,262
reported under the delivery license. The commissioner may 59,263
require a vendor to be licensed as a delivery vendor if, in the 59,264
opinion of the commissioner, such licensing is necessary for the 59,265
efficient administration of the tax. The commissioner shall not 59,266
issue a delivery vendor license to a vendor who holds a license 59,267
issued under division (A) of this section. 59,268
(E) On or before the first day of February of each year, 59,270
each vendor, except limited vendors, shall renew each vendor's 59,271
license in the manner prescribed by the commissioner. The vendor 59,272
shall pay a renewal fee of ten dollars for each license other 59,273
than a transient vendor's license, and forty dollars for a 59,274
transient vendor's license. Failure to pay the renewal fee 59,275
timely shall be cause for the commissioner to revoke the license 59,276
pursuant to section 5739.19 of the Revised Code or to suspend the 59,277
license pursuant to section 5739.30 of the Revised Code. All 59,278
renewal fees shall be credited to the general revenue fund. 59,279
(F) Any transient vendor or limited vendor who is issued a 59,281
license pursuant to this section shall display the license or a 59,282
copy of it prominently, in plain view, at every place of business 59,283
of the transient or limited vendor. Every owner, organizer, or 59,284
promoter who operates a fair, flea market, show, exhibition, 59,285
convention, or similar event at which transient or limited 59,286
vendors are present shall keep a comprehensive record of all such 59,287
vendors, listing the vendor's name, permanent address, vendor's 59,288
1336
license number, and the type of goods sold. Such records shall 59,289
be kept for four years and shall be open to inspection by the tax 59,290
commissioner. 59,291
Sec. 5741.10. The tax commissioner shall refund to sellers 59,300
the amount of tax levied pursuant to section 5741.02, 5741.021, 59,301
5741.022, or 5741.023 of the Revised Code paid on any illegal or 59,302
erroneous payment or assessment, where the seller has reimbursed 59,303
the consumer. When such payment or assessment was not paid to a 59,304
seller, but was paid directly to the treasurer of state, or his 59,305
THE TREASURER OF STATE'S agent, by the consumer, the treasurer of 59,306
state shall make refund to the consumer. When such A refund is 59,307
granted for payment of an illegal or erroneous assessment issued 59,309
by the tax commissioner, such refund, IT shall include interest 59,310
thereon as provided by section 5739.132 of the Revised Code. 59,312
Applications for refund shall be filed with the tax commissioner, 59,313
on the form prescribed by him THE COMMISSIONER, within four years 59,314
from the date of the illegal or erroneous payment of the tax 59,315
except where the vendor or consumer waives the time limitation 59,316
under division (C) of section 5741.16 of the Revised Code, in 59,317
which case the four-year refund limitation shall be extended for 59,318
the same period of time as the waiver. On filing such 59,319
application, the commissioner shall determine the amount of
refund due and shall certify such amount to the director of 59,320
budget and management and treasurer of state for payment from the 59,321
tax refund fund created by section 5703.052 of the Revised Code. 59,322
Sec. 5741.101. The amount of any refund to be certified to 59,331
the treasurer and auditor of state pursuant to section 5741.10 of 59,332
the Revised Code shall MAY be reduced by the amount the person 59,333
claiming the refund is indebted to the state for any tax OR FEE 59,334
administered and enforced by the tax commissioner under THAT IS 59,335
PAID TO THE STATE OR TO THE CLERK OF COURTS PURSUANT TO SECTION 59,336
4505.06 OF the Revised Code, and the warrant of the auditor shall 59,337
thereupon be drawn payable to the person claiming refund only for 59,338
the amount in excess of such indebtedness OR ANY CHARGE, PENALTY, 59,339
1337
OR INTEREST ARISING FROM SUCH A TAX OR FEE. If the amount 59,340
refundable is less than the indebtedness AMOUNT OF THE DEBT, it 59,341
shall MAY be applied in partial satisfaction thereof OF THE DEBT. 59,342
IF THE AMOUNT REFUNDABLE IS GREATER THAN THE AMOUNT OF THE DEBT, 59,343
THE AMOUNT REMAINING AFTER SATISFACTION OF THE DEBT SHALL BE 59,344
REFUNDED. IF THE PERSON HAS MORE THAN ONE SUCH DEBT, ANY DEBT 59,345
SUBJECT TO SECTION 5739.33 OR DIVISION (G) OF SECTION 5747.07 OF 59,346
THE REVISED CODE SHALL BE SATISFIED FIRST. THIS SECTION APPLIES
ONLY TO DEBTS THAT HAVE BECOME FINAL. 59,347
Sec. 5741.14. Sections THE PROCEDURES PRESCRIBED BY 59,356
SECTIONS 5739.13 to 5739.15, inclusive, of the Revised Code, 59,357
relating to assessments or findings, appeals from assessments or 59,358
findings, and the effect of assessments or findings, before or 59,359
after hearing and before or after filing the same in the office 59,360
of a clerk of the court of common pleas, and relating to the 59,361
procedure, authority, duties, liabilities, powers, and privileges 59,362
of the person assessed, the tax commissioner, the clerks of the
courts of common pleas, and all other public officials shall be 59,363
applicable, INCLUDING THOSE GOVERNING THE IMPOSITION OF PENALTIES 59,365
AND INTEREST, APPLY to assessments made pursuant to sections
5741.11 and 5741.13 of the Revised Code. 59,366
Sec. 5743.081. (A) If any wholesale dealer or retail 59,376
dealer fails to pay the tax levied under sections 5743.02, 59,377
5743.023, 5743.024, or 5743.026 of the Revised Code as required 59,379
by sections 5743.01 to 5743.20 of the Revised Code, and by the 59,380
rules of the tax commissioner, or fails to collect the tax from 59,381
the purchaser or consumer, the commissioner may make an 59,382
assessment against the wholesale or retail dealer based upon any 59,383
information in the commissioner's possession. 59,384
The commissioner may make an assessment against any 59,386
wholesale or retail dealer who fails to file a return required by 59,387
section 5743.03 or 5743.025 of the Revised Code. 59,388
No assessment shall be made against any wholesale or retail 59,390
dealer for any taxes imposed under sections 5743.02, 5743.023, 59,391
1338
5743.024, or 5743.026 of the Revised Code more than three years 59,393
after the last day of the calendar month which immediately 59,394
follows the semiannual period prescribed in section 5743.03 of 59,395
the Revised Code in which the sale was made, or more than three 59,396
years after the semiannual return for such period is filed, 59,397
whichever is later. This section does not bar an assessment 59,398
against any wholesale or retail dealer who fails to file a return 59,399
as required by section 5743.03 or 5743.025 of the Revised Code, 59,400
or who files a fraudulent return. 59,401
A penalty of thirty per cent shall be added to the amount 59,403
of every assessment made under this section. The commissioner 59,404
may adopt rules providing for the remission of penalties added to 59,405
assessments made under this section. 59,406
The commissioner shall give the party assessed written 59,408
notice of the assessment by personal service or certified mail. 59,409
The notice shall specify separately any portion of the assessment 59,410
that represents a county tax. All assessments, exclusive of 59,411
penalties, not paid within thirty days after service of the 59,412
notice of assessment, shall bear interest at the rate per annum 59,413
prescribed by section 5703.47 of the Revised Code. 59,414
(B) Unless the party to whom the notice of assessment is 59,416
directed files with the commissioner within thirty days after 59,417
service of the notice of assessment, either personally or by 59,418
certified mail, a petition for reassessment in writing, signed by 59,419
the party assessed, or by his THE PARTY'S authorized agent having 59,421
knowledge of the facts, the assessment shall become conclusive
FINAL and the amount of the assessment shall be due and payable 59,423
from the party assessed to the treasurer of state. The petition 59,424
shall indicate the objections of the party assessed, but 59,425
additional objections may be raised in writing if received prior 59,426
to the date shown on the final determination by the commissioner. 59,427
Unless the petitioner waives a hearing, the commissioner 59,429
shall assign a time and place for the hearing on the petition and 59,430
notify the petitioner of the time and place of the hearing by 59,431
1339
personal service or certified mail, but the commissioner may 59,432
continue the hearing from time to time if necessary. 59,433
The commissioner may make such correction to his AN 59,435
assessment as the commissioner finds proper. The commissioner 59,436
shall serve a copy of his THE final determination on the 59,437
petitioner by personal service or certified mail, and the 59,439
commissioner's decision in the matter shall be final, subject to 59,441
appeal as provided in section 5717.02 of the Revised Code. Only 59,442
objections decided on the merits by the board of tax appeals or a 59,443
court shall be given collateral estoppel or res judicata effect 59,444
in considering an application for refund of amounts paid pursuant 59,445
to the assessment.
(C) After an assessment becomes final, if any portion of 59,447
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 59,448
certified copy of the commissioner's entry making the assessment 59,450
final may be filed in the office of the clerk of the court of 59,451
common pleas in the county in which the wholesale or retail 59,452
dealer's place of business is located or the county in which the 59,453
party assessed resides. If the party assessed maintains no place 59,454
of business in this state and is not a resident of this state, 59,455
the certified copy of the entry may be filed in the office of the 59,456
clerk of the court of common pleas of Franklin county. 59,457
The clerk, immediately upon the filing of the 59,459
commissioner's entry, shall enter a judgment for the state 59,460
against the party assessed in the amount shown on the entry. The 59,461
judgment may be filed by the clerk in a loose-leaf book entitled 59,462
"special judgments for state cigarette sales tax."," AND SHALL 59,464
HAVE THE SAME EFFECT AS OTHER JUDGMENTS. EXECUTION SHALL ISSUE 59,465
UPON THE JUDGMENT UPON THE REQUEST OF THE TAX COMMISSIONER, AND 59,466
ALL LAWS APPLICABLE TO SALES ON EXECUTION SHALL APPLY TO SALES 59,467
MADE UNDER THE JUDGMENT EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 59,468
5743.01 TO 5743.20 OF THE REVISED CODE.
From the date of the filing of the entry in the clerk's 59,470
office, the unpaid THE portion of the assessment NOT PAID WITHIN 59,471
1340
THIRTY DAYS AFTER THE ASSESSMENT WAS ISSUED shall bear interest 59,472
at the rate per annum prescribed by section 5703.47 of the 59,473
Revised Code and shall have the same effect as other judgments. 59,474
Execution shall issue upon the judgment upon request of the 59,475
commissioner, and all laws applicable to sales on execution shall 59,476
be applicable to sales made under the judgment except as provided 59,477
in sections 5743.01 to 5743.20 of the Revised Code FROM THE DAY 59,478
THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL IT IS PAID. 59,479
INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX AND MAY BE 59,480
COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS SECTION. 59,481
(D) All money collected by the commissioner under this 59,483
section shall be paid to the treasurer of state, and when paid 59,484
shall be considered as revenue arising from the taxes imposed by 59,485
sections 5743.01 to 5743.20 of the Revised Code. 59,486
Sec. 5743.082. (A) If the tax commissioner finds that a 59,495
wholesale dealer or retail dealer, liable for tax under sections 59,496
5743.01 to 5743.20 of the Revised Code, is about to depart from 59,497
the state, remove his THE WHOLESALE OR RETAIL DEALER'S property 59,498
from the state, conceal himself THE WHOLESALE OR RETAIL DEALER'S 59,499
PERSON or his property, or do any other act tending to prejudice, 59,501
obstruct, or render wholly or partly ineffectual proceedings to 59,502
collect the tax, unless the proceedings are commenced without 59,503
delay, or if the commissioner believes that the collection of the 59,504
amount due from any wholesale dealer or retail dealer will be 59,505
jeopardized by delay, the commissioner may issue a jeopardy 59,506
assessment against the wholesale or retail dealer for the amount 59,507
of the tax, plus a penalty of thirty per cent. Upon issuance of 59,508
a jeopardy assessment under this division, the total amount 59,509
assessed shall immediately be due and payable unless security is 59,510
provided pursuant to division (C) of this section. Any tax 59,511
assessed ASSESSMENT ISSUED UNDER THIS SECTION shall bear interest 59,513
computed at the rate per annum prescribed by section 5703.47 of 59,514
the Revised Code from the due date of the tax and any refund of 59,515
tax assessed shall bear interest computed at the rate per annum 59,516
1341
AS prescribed by section 5703.47 5743.081 of the Revised Code 59,520
from the date the tax assessed was paid.
(B) The commissioner immediately shall file an entry with 59,522
the clerk of the court of common pleas in the same manner and 59,523
with the same effect as provided in section 5743.081 of the 59,524
Revised Code. Notice of the jeopardy assessment shall be served 59,525
on the dealer assessed or his THE DEALER'S legal representative 59,526
within five days of the filing of the entry. The dealer assessed 59,528
may petition for reassessment within thirty days of his receipt 59,529
of the notice of jeopardy assessment in the same manner as 59,530
provided in section 5743.081 of the Revised Code. Full or 59,531
partial payment of the assessment shall not prejudice the 59,532
commissioner's consideration of the merits of the assessment as 59,533
contested by the petition for reassessment. Upon notification of 59,534
the existence of the judgment filed pursuant to this division, 59,535
any public official having control or custody of any funds or 59,536
property of the person assessed immediately shall pay or deliver 59,537
the funds or property to the commissioner as full or partial 59,538
satisfaction of the jeopardy assessment. However, funds or 59,539
property needed as evidence in criminal proceedings or that is 59,540
expected to be forfeited pursuant to section 2923.35, 2933.41, or 59,541
2933.43 of the Revised Code, need not be relinquished by the 59,542
public official. Upon disposition of criminal and forfeiture 59,543
proceedings, funds and property not needed as evidence and not 59,544
forfeited shall be delivered to the commissioner. 59,545
(C) If the dealer subject to a jeopardy assessment files a 59,547
petition for reassessment and posts security satisfactory to the 59,548
commissioner in an amount sufficient to satisfy the unpaid 59,549
balance of the assessment, execution on the judgment shall be 59,550
stayed pending disposition of the petition for reassessment and 59,551
all appeals resulting from the petition. If the security is 59,552
sufficient to satisfy the full amount of the assessment, the 59,553
commissioner shall return any funds or property of the dealer 59,554
that previously were seized. Upon satisfaction of the assessment 59,555
1342
the commissioner shall order the security released and the 59,556
judgment vacated. 59,557
Sec. 5743.52. (A) Each distributor of tobacco products 59,566
subject to the tax levied by section 5743.51 of the Revised Code, 59,567
on or before the last day of each month, shall file with the 59,568
treasurer of state a return for the preceding month showing any 59,569
information the tax commissioner finds necessary for the proper 59,570
administration of sections 5743.51 to 5743.66 of the Revised 59,571
Code, together with remittance of the tax due. The treasurer of 59,572
state shall stamp or otherwise mark on the return the date it was 59,573
received and shall also show thereon by stamp or otherwise the 59,574
amount of payment received with the return. Thereafter, the 59,575
treasurer of state shall immediately transmit all returns filed 59,576
under this section to the tax commissioner. The return and 59,577
payment of the tax required by this section shall be filed in 59,578
such a manner that it is received by the treasurer of state on or 59,579
before the last day of the month following the reporting period. 59,580
If the return is filed and the amount of tax shown on the return 59,581
to be due is paid on or before the date the return is required to 59,582
be filed, the distributor is entitled to a discount equal to two 59,583
and five-tenths per cent of the amount shown on the return to be 59,584
due. 59,585
(B) Any person who fails to timely file the return and 59,587
make payment of taxes as required under this section, section 59,588
5743.62, or section 5743.63 of the Revised Code shall pay an 59,589
additional charge equal to the greater of fifty dollars or ten 59,590
per cent of the tax due. Any additional charge imposed under 59,591
this section may be collected by assessment as provided in 59,592
section 5743.56 of the Revised Code. 59,593
(C) If any tax due is not paid timely in accordance with 59,595
sections 5743.52, 5743.62, or 5743.63 of the Revised Code, the 59,596
person liable for the tax shall pay interest, calculated at the 59,597
rate per annum as prescribed by section 5703.47 of the Revised 59,598
Code, from the date the tax payment was due to the date of 59,599
1343
payment OR TO THE DATE AN ASSESSMENT IS ISSUED UNDER SECTION 59,600
5743.56 OF THE REVISED CODE, WHICHEVER OCCURS FIRST. The 59,601
commissioner may collect such interest by assessment pursuant to 59,602
section 5743.56 of the Revised Code.
(D) The commissioner may authorize the filing of returns 59,604
and the payment of the tax required by this section, section 59,605
5743.62, or section 5743.63 of the Revised Code for periods 59,606
longer than a calendar month. 59,607
(E) The commissioner may order any taxpayer to file with 59,609
the commissioner security to the satisfaction of the commissioner 59,610
conditioned upon filing the return and paying the taxes required 59,611
under this section, section 5743.62, or section 5743.63 of the 59,612
Revised Code if the commissioner believes that the collection of 59,613
the tax may be in jeopardy. 59,614
Sec. 5743.56. (A) Any person required to pay the tax 59,623
imposed by section 5743.51, 5743.62, or 5743.63 of the Revised 59,624
Code is personally liable for the tax. The tax commissioner may 59,625
make an assessment, based upon any information in the 59,626
commissioner's possession, against any person who fails to file a 59,627
return or pay any tax, interest, or additional charge as required 59,628
by this chapter. The commissioner shall give the person assessed 59,629
written notice of such assessment by personal service or 59,630
certified mail. Any tax assessed shall continue to accrue 59,631
interest as prescribed in division (C) of section 5743.52 of the 59,632
Revised Code. 59,633
(B) When the information in the possession of the tax 59,635
commissioner indicates that a person liable for the tax imposed 59,636
by section 5743.51, 5743.62, or 5743.63 of the Revised Code has 59,637
not paid the full amount of tax due, the commissioner may audit a 59,638
representative sample of the person's business and may issue an 59,639
assessment based on such audit. 59,640
(C) A penalty of fifteen per cent shall be added to all 59,642
amounts assessed under this section. The commissioner may adopt 59,643
rules providing for the remission of such penalties. 59,644
1344
(D) Unless the person assessed files with the tax 59,646
commissioner within thirty days after service of the notice of 59,647
assessment, either personally or by certified mail, a petition 59,648
for reassessment in writing by the person assessed or his THE 59,649
authorized agent OF THE PERSON ASSESSED having knowledge of the 59,650
facts, the assessment becomes conclusive FINAL and the amount of 59,651
the assessment is due and payable from the person assessed to the 59,653
treasurer of state. A petition shall indicate the objections to 59,654
the assessment of the person assessed, but additional objections 59,655
may be raised in writing prior to the date shown on the final 59,656
determination of the tax commissioner. The commissioner shall 59,657
grant the petitioner a hearing on the petition, unless waived by 59,658
the petitioner.
The commissioner may make such correction to the assessment 59,660
as he THE COMMISSIONER finds proper and shall issue his A final 59,662
determination thereon. The commissioner shall serve a copy of 59,663
his THE final determination on the petitioner either by personal 59,664
service or by certified mail, and his THE COMMISSIONER'S decision 59,665
in the matter is final, subject to appeal under section 5717.02 59,667
of the Revised Code.
(E) After an assessment becomes final, if any portion of 59,669
the assessment, including accrued interest, remains unpaid, a 59,670
certified copy of the commissioner's entry making the assessment 59,671
final may be filed in the office of the clerk of the court of 59,672
common pleas in the county in which the person assessed resides 59,673
or in which his THE PERSON ASSESSED CONDUCTS business is 59,674
conducted. If the person assessed maintains no place of business 59,676
in this state and is not a resident of this state, the certified 59,677
copy of the entry may be filed in the office of the clerk of the 59,678
court of common pleas of Franklin county. 59,679
The clerk, immediately upon the filing of the entry, shall 59,681
enter a judgment for the state against the person assessed in the 59,682
amount shown to be due. The judgment may be filed by the clerk 59,683
in a loose-leaf book entitled "special judgments for state 59,684
1345
tobacco products tax."," AND SHALL HAVE THE SAME EFFECT AS OTHER 59,686
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE 59,687
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 59,688
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 59,690
office, the unpaid THE portion of the assessment NOT PAID WITHIN 59,691
THIRTY DAYS AFTER THE DAY THE ASSESSMENT IS ISSUED shall bear 59,692
interest at the rate per annum prescribed by section 5703.47 of 59,693
the Revised Code and shall have the same effect as other 59,694
judgments. Execution shall issue upon the judgment upon request 59,695
of the commissioner and all laws applicable to sales on execution 59,696
are applicable to sales made under the judgment FROM THE DAY THE 59,698
TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL THE ASSESSMENT IS 59,699
PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX AND 59,700
MAY BE COLLECTED BY ISSUING AN ASSESSMENT UNDER THIS SECTION. 59,701
(F) If the commissioner believes that collection of the 59,703
tax will be jeopardized unless proceedings to collect or secure 59,704
collection of the tax are instituted without delay, the 59,705
commissioner may issue a jeopardy assessment against the person 59,706
liable for the tax. Upon issuance of the jeopardy assessment, 59,707
the commissioner immediately shall file an entry with the clerk 59,708
of the court of common pleas in the manner prescribed by division 59,709
(E) of this section. Notice of the jeopardy assessment shall be 59,710
served on the person assessed or his THE legal representative OF 59,712
THE PERSON ASSESSED within five days of the filing of the entry 59,713
with the clerk. The total amount assessed is immediately due and 59,714
payable, unless the person assessed files a petition for 59,715
reassessment in accordance with division (D) of this section and 59,716
provides security in a form satisfactory to the commissioner and 59,717
in an amount sufficient to satisfy the unpaid balance of the 59,718
assessment. Full or partial payment of the assessment does not 59,719
prejudice the commissioner's consideration of the petition for 59,720
reassessment.
(G) All money collected by the commissioner under this 59,722
1346
section shall be paid to the treasurer of state as revenue 59,723
arising from the tax imposed by sections 5743.51, 5743.62, and 59,724
5743.63 of the Revised Code. 59,725
Sec. 5747.01. Except as otherwise expressly provided or 59,735
clearly appearing from the context, any term used in this chapter 59,736
has the same meaning as when used in a comparable context in the 59,737
Internal Revenue Code, and all other statutes of the United 59,738
States relating to federal income taxes. 59,739
As used in this chapter: 59,741
(A) "Adjusted gross income" or "Ohio adjusted gross 59,743
income" means adjusted gross income as defined and used in the 59,744
Internal Revenue Code, adjusted as follows PROVIDED IN DIVISIONS 59,745
(A)(1) TO (16) OF THIS SECTION: 59,746
(1) Add interest or dividends on obligations or securities 59,748
of any state or of any political subdivision or authority of any 59,749
state, other than this state and its subdivisions and 59,751
authorities;.
(2) Add interest or dividends on obligations of any 59,753
authority, commission, instrumentality, territory, or possession 59,754
of the United States that are exempt from federal income taxes 59,755
but not from state income taxes;. 59,756
(3) Deduct interest or dividends on obligations of the 59,758
United States and its territories and possessions or of any 59,759
authority, commission, or instrumentality of the United States to 59,760
the extent included in federal adjusted gross income but exempt 59,761
from state income taxes under the laws of the United States;. 59,762
(4) Deduct disability and survivor's benefits to the 59,764
extent included in federal adjusted gross income;. 59,765
(5) Deduct benefits under Title II of the Social Security 59,767
Act and tier 1 railroad retirement benefits to the extent 59,768
included in federal adjusted gross income under section 86 of the 59,769
Internal Revenue Code;. 59,770
(6) Add, in the case of a taxpayer who is a beneficiary of 59,772
a trust that makes an accumulation distribution as defined in 59,773
1347
section 665 of the Internal Revenue Code, the portion, if any, of 59,774
such distribution that does not exceed the undistributed net 59,775
income of the trust for the three taxable years preceding the 59,776
taxable year in which the distribution is made. "Undistributed 59,777
net income of a trust" means the taxable income of the trust 59,778
increased by (a)(i) the additions to adjusted gross income 59,779
required under division (A) of this section and (ii) the personal 59,780
exemptions allowed to the trust pursuant to section 642(b) of the 59,781
Internal Revenue Code, and decreased by (b)(i) the deductions to 59,782
adjusted gross income required under division (A) of this 59,783
section, (ii) the amount of federal income taxes attributable to 59,784
such income, and (iii) the amount of taxable income that has been 59,785
included in the adjusted gross income of a beneficiary by reason 59,786
of a prior accumulation distribution. Any undistributed net 59,787
income included in the adjusted gross income of a beneficiary 59,788
shall reduce the undistributed net income of the trust commencing 59,789
with the earliest years of the accumulation period. 59,790
(7) Deduct the amount of wages and salaries, if any, not 59,792
otherwise allowable as a deduction but that would have been 59,793
allowable as a deduction in computing federal adjusted gross 59,794
income for the taxable year, had the targeted jobs credit allowed 59,795
and determined under sections 38, 51, and 52 of the Internal 59,796
Revenue Code not been in effect;. 59,797
(8) Deduct any interest or interest equivalent on public 59,799
obligations and purchase obligations to the extent included in 59,800
federal adjusted gross income;. 59,801
(9) Add any loss or deduct any gain resulting from the 59,803
sale, exchange, or other disposition of public obligations to the 59,804
extent included in federal adjusted gross income;. 59,805
(10) Regarding tuition credits purchased under Chapter 59,808
3334. of the Revised Code: 59,809
(a) Deduct the following: 59,811
(i) For credits that as of the end of the taxable year 59,814
have not been refunded pursuant to the termination of a tuition
1348
payment contract under section 3334.10 of the Revised Code, the 59,816
amount of income related to the credits, to the extent included 59,817
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 59,820
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 59,822
the total purchase price of the tuition credits refunded over the 59,823
amount of refund, to the extent the amount of the excess was not 59,824
deducted in determining federal adjusted gross income; 59,825
(b) Add the following: 59,827
(i) For credits that as of the end of the taxable year 59,830
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 59,832
amount of loss related to the credits, to the extent the amount 59,833
of the loss was deducted in determining federal adjusted gross 59,834
income;
(ii) For credits that during the taxable year have been 59,837
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 59,839
the amount of refund over the purchase price of each tuition 59,840
credit refunded, to the extent not included in federal adjusted 59,841
gross income.
(11) Deduct, in the case of a self-employed individual as 59,843
defined in section 401(c)(1) of the Internal Revenue Code and to 59,844
the extent not otherwise allowable as a deduction in computing 59,845
federal adjusted gross income for the taxable year, the amount 59,846
paid during the taxable year for insurance which constitutes 59,847
medical care for the taxpayer, the taxpayer's spouse, and 59,848
dependents. No deduction under division (A)(11) of this section 59,850
shall be allowed to any taxpayer who is eligible to participate 59,851
in any subsidized health plan maintained by any employer of the 59,852
taxpayer or of the spouse of the taxpayer. No deduction under 59,853
division (A)(11) of this section shall be allowed to the extent 59,854
that the sum of such deduction and any related deduction 59,855
1349
allowable in computing federal adjusted gross income for the 59,856
taxable year exceeds the taxpayer's earned income, within the 59,857
meaning of section 401(c) of the Internal Revenue Code, derived 59,858
by the taxpayer from the trade or business with respect to which 59,859
the plan providing the medical coverage is established. 59,860
(12) Deduct any amount included in federal adjusted gross 59,862
income solely because the amount represents a reimbursement or 59,863
refund of expenses that in a previous year the taxpayer had 59,864
deducted as an itemized deduction pursuant to section 63 of the 59,865
Internal Revenue Code and applicable UNITED STATES DEPARTMENT OF 59,867
THE treasury regulations;.
(13) Deduct any portion of the deduction described in 59,869
section 1341(a)(2) of the Internal Revenue Code, for repaying 59,870
previously reported income received under a claim of right, that 59,871
meets both of the following requirements: 59,872
(a) It is allowable for repayment of an item that was 59,874
included in the taxpayer's adjusted gross income for a prior 59,875
taxable year and did not qualify for a credit under division (A) 59,876
or (B) of section 5747.05 of the Revised Code for that year; 59,877
(b) It does not otherwise reduce the taxpayer's adjusted 59,879
gross income for the current or any other taxable year. 59,880
(14) Deduct an amount equal to the deposits made to, and 59,882
net investment earnings of, a medical savings account during the 59,883
taxable year, in accordance with section 3924.66 of the Revised 59,884
Code;.
(15)(a) Add an amount equal to the funds withdrawn from a 59,886
medical savings account during the taxable year, and the net 59,887
investment earnings on those funds, when the funds withdrawn were 59,888
used for any purpose other than to reimburse an account holder 59,889
for, or to pay, eligible medical expenses, in accordance with 59,890
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 59,892
account under division (A)(2) of section 3924.68 of the Revised 59,893
Code during the taxable year. 59,895
1350
(16) ADD ANY AMOUNT CLAIMED AS A CREDIT UNDER SECTION 59,898
5747.059 OF THE REVISED CODE TO THE EXTENT THAT SUCH AMOUNT 59,901
SATISFIES EITHER OF THE FOLLOWING:
(a) THE AMOUNT WAS DIRECTLY OR INDIRECTLY DEDUCTED OR 59,904
EXCLUDED FROM THE COMPUTATION OF THE TAXPAYER'S FEDERAL ADJUSTED 59,905
GROSS INCOME AS REQUIRED TO BE REPORTED FOR THE TAXPAYER'S 59,906
TAXABLE YEAR UNDER THE INTERNAL REVENUE CODE; 59,909
(b) THE AMOUNT DIRECTLY OR INDIRECTLY RESULTED IN A 59,912
REDUCTION OF THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME AS 59,913
REQUIRED TO BE REPORTED FOR ANY OF THE TAXPAYER'S TAXABLE YEARS 59,914
UNDER THE INTERNAL REVENUE CODE. 59,917
(B) "Business income" means income arising from 59,919
transactions, activities, and sources in the regular course of a 59,920
trade or business and includes income from tangible and 59,921
intangible property if the acquisition, rental, management, and 59,922
disposition of the property constitute integral parts of the 59,923
regular course of a trade or business operation. 59,924
(C) "Nonbusiness income" means all income other than 59,926
business income and may include, but is not limited to, 59,927
compensation, rents and royalties from real or tangible personal 59,928
property, capital gains, interest, dividends and distributions, 59,929
patent or copyright royalties, or lottery winnings, prizes, and 59,930
awards. 59,931
(D) "Compensation" means any form of remuneration paid to 59,933
an employee for personal services. 59,934
(E) "Fiduciary" means a guardian, trustee, executor, 59,936
administrator, receiver, conservator, or any other person acting 59,937
in any fiduciary capacity for any individual, trust, or estate. 59,938
(F) "Fiscal year" means an accounting period of twelve 59,940
months ending on the last day of any month other than December. 59,941
(G) "Individual" means any natural person. 59,943
(H) "Internal Revenue Code" means the "Internal Revenue 59,945
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 59,946
(I) "Resident" means: 59,948
1351
(1) An individual who is domiciled in this state, subject 59,950
to section 5747.24 of the Revised Code; 59,951
(2) The estate of a decedent who at the time of death was 59,954
domiciled in this state. The domicile tests of section 5747.24 59,955
of the Revised Code and any election under section 5747.25 of the 59,956
Revised Code are not controlling for purposes of division (I)(2) 59,957
of this section.
(J) "Nonresident" means an individual or estate that is 59,959
not a resident. An individual who is a resident for only part of 59,960
a taxable year is a nonresident for the remainder of that taxable 59,961
year. 59,962
(K) "Partnership" means A LIMITED LIABILITY COMPANY THAT 59,964
IS NOT CLASSIFIED FOR FEDERAL INCOME TAX PURPOSES AS AN 59,965
ASSOCIATION TAXABLE AS A CORPORATION, OR any OTHER unincorporated 59,966
business association, and includes, but is not limited to, a 59,967
syndicate, group, pool, or joint venture through or by means of 59,968
which any business, financial operation, or venture is carried 59,969
on, but does not include a trust, or estate within the meaning of 59,970
this section. 59,971
(L) "Return" means the notifications and reports required 59,973
to be filed pursuant to this chapter for the purpose of reporting 59,974
the tax due and includes declarations of estimated tax when so 59,975
required. 59,976
(M) "Taxable year" means the calendar year or the 59,978
taxpayer's fiscal year ending during the calendar year, or 59,979
fractional part thereof, upon which the adjusted gross income is 59,980
calculated pursuant to this chapter. 59,981
(N) "Taxpayer" means any person subject to the tax imposed 59,983
by section 5747.02 of the Revised Code OR ANY PASS-THROUGH ENTITY 59,984
THAT MAKES THE ELECTION UNDER DIVISION (D) OF SECTION 5747.08 OF 59,987
THE REVISED CODE.
(O) "Dependents" means dependents as defined in the 59,989
Internal Revenue Code and as claimed in the taxpayer's federal 59,990
income tax return for the taxable year or which the taxpayer 59,991
1352
would have been permitted to claim had the taxpayer filed a 59,992
federal income tax return. 59,994
(P) "Principal county of employment" means, in the case of 59,996
a nonresident, the county within the state in which a taxpayer 59,997
performs services for an employer or, if those services are 59,998
performed in more than one county, the county in which the major 59,999
portion of the services are performed. 60,000
(Q) As used in sections 5747.50 to 5747.55 of the Revised 60,002
Code: 60,003
(1) "Subdivision" means any county, municipal corporation, 60,005
park district, or township. 60,006
(2) "Essential local government purposes" includes all 60,008
functions that any subdivision is required by general law to 60,009
exercise, including like functions that are exercised under a 60,010
charter adopted pursuant to the Ohio constitution CONSTITUTION. 60,012
(R) "Overpayment" means any amount already paid that 60,014
exceeds the figure determined to be the correct amount of the 60,015
tax. 60,016
(S) "Taxable income" applies to estates only and means 60,018
taxable income as defined and used in the Internal Revenue Code 60,019
adjusted as follows: 60,020
(1) Add interest or dividends on obligations or securities 60,022
of any state or of any political subdivision or authority of any 60,023
state, other than this state and its subdivisions and 60,024
authorities; 60,025
(2) Add interest or dividends on obligations of any 60,027
authority, commission, instrumentality, territory, or possession 60,028
of the United States that are exempt from federal income taxes 60,029
but not from state income taxes; 60,030
(3) Add the amount of personal exemption allowed to the 60,032
estate pursuant to section 642(b) of the Internal Revenue Code; 60,033
(4) Deduct interest or dividends on obligations of the 60,035
United States and its territories and possessions or of any 60,036
authority, commission, or instrumentality of the United States 60,037
1353
that are exempt from state taxes under the laws of the United 60,038
States; 60,039
(5) Deduct the amount of wages and salaries, if any, not 60,041
otherwise allowable as a deduction but that would have been 60,042
allowable as a deduction in computing federal taxable income for 60,043
the taxable year, had the targeted jobs credit allowed under 60,044
sections 38, 51, and 52 of the Internal Revenue Code not been in 60,045
effect; 60,046
(6) Deduct any interest or interest equivalent on public 60,048
obligations and purchase obligations to the extent included in 60,049
federal taxable income; 60,050
(7) Add any loss or deduct any gain resulting from sale, 60,052
exchange, or other disposition of public obligations to the 60,053
extent included in federal taxable income; 60,054
(8) Except in the case of the final return of an estate, 60,056
add any amount deducted by the taxpayer on both its Ohio estate 60,057
tax return pursuant to section 5731.14 of the Revised Code, and 60,058
on its federal income tax return in determining either federal 60,059
adjusted gross income or federal taxable income; 60,060
(9) Deduct any amount included in federal taxable income 60,062
solely because the amount represents a reimbursement or refund of 60,063
expenses that in a previous year the decedent had deducted as an 60,064
itemized deduction pursuant to section 63 of the Internal Revenue 60,065
Code and applicable treasury regulations; 60,066
(10) Deduct any portion of the deduction described in 60,068
section 1341(a)(2) of the Internal Revenue Code, for repaying 60,069
previously reported income received under a claim of right, that 60,070
meets both of the following requirements: 60,071
(a) It is allowable for repayment of an item that was 60,073
included in the taxpayer's taxable income or the decedent's 60,074
adjusted gross income for a prior taxable year and did not 60,075
qualify for a credit under division (A) or (B) of section 5747.05 60,076
of the Revised Code for that year. 60,077
(b) It does not otherwise reduce the taxpayer's taxable 60,079
1354
income or the decedent's adjusted gross income for the current or 60,080
any other taxable year. 60,081
(11) ADD ANY AMOUNT CLAIMED AS A CREDIT UNDER SECTION 60,083
5747.059 OF THE REVISED CODE TO THE EXTENT THAT THE AMOUNT 60,084
SATISFIES EITHER OF THE FOLLOWING: 60,085
(a) THE AMOUNT WAS DIRECTLY OR INDIRECTLY DEDUCTED OR 60,087
EXCLUDED FROM THE COMPUTATION OF THE TAXPAYER'S FEDERAL TAXABLE 60,088
INCOME AS REQUIRED TO BE REPORTED FOR THE TAXPAYER'S TAXABLE YEAR 60,090
UNDER THE INTERNAL REVENUE CODE; 60,093
(b) THE AMOUNT DIRECTLY OR INDIRECTLY RESULTED IN A 60,095
REDUCTION IN THE TAXPAYER'S FEDERAL TAXABLE INCOME AS REQUIRED TO 60,096
BE REPORTED FOR ANY OF THE TAXPAYER'S TAXABLE YEARS UNDER THE 60,098
INTERNAL REVENUE. 60,099
(T) "School district income" and "school district income 60,101
tax" have the same meanings as in section 5748.01 of the Revised 60,102
Code. 60,103
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 60,105
(S)(7) of this section, "public obligations," "purchase 60,106
obligations," and "interest or interest equivalent" have the same 60,107
meanings as in section 5709.76 of the Revised Code. 60,108
(V) "Limited liability company" means any limited 60,110
liability company formed under Chapter 1705. of the Revised Code 60,111
or under the laws of any other state. 60,112
(W) "PASS-THROUGH ENTITY INVESTOR" MEANS ANY PERSON WHO, 60,115
DURING ANY PORTION OF A TAXABLE YEAR OF A PASS-THROUGH ENTITY, IS 60,116
A PARTNER, MEMBER, SHAREHOLDER, OR OTHER EQUITY INVESTOR IN THAT 60,118
PASS-THROUGH ENTITY.
(X) "BANKING DAY" HAS THE SAME MEANING AS IN SECTION 60,121
1304.01 OF THE REVISED CODE. 60,123
(Y) "MONTH" MEANS A CALENDAR MONTH. 60,126
(Z) "QUARTER" MEANS THE FIRST THREE MONTHS, THE SECOND 60,129
THREE MONTHS, THE THIRD THREE MONTHS, OR THE LAST THREE MONTHS OF 60,130
THE TAXPAYER'S TAXABLE YEAR. 60,131
(AA) ANY TERM USED IN THIS CHAPTER THAT IS NOT OTHERWISE 60,134
1355
DEFINED IN THIS SECTION HAS THE SAME MEANING AS IN SECTION 60,135
5743.40 OF THE REVISED CODE.
Sec. 5747.02. (A) For the purpose of providing revenue 60,145
for the support of schools and local government functions, to 60,146
provide relief to property taxpayers, to provide revenue for the 60,147
general revenue fund, and to meet the expenses of administering 60,148
the tax levied by this chapter, there is hereby levied on every 60,149
individual and every estate residing in or earning or receiving 60,150
income in this state, and on every individual and estate earning 60,151
or receiving lottery winnings, prizes, or awards pursuant to 60,152
Chapter 3770. of the Revised Code, AND ON EVERY INDIVIDUAL AND 60,153
ESTATE OTHERWISE HAVING NEXUS WITH OR IN THIS STATE UNDER THE 60,154
CONSTITUTION OF THE UNITED STATES, an annual tax measured in the 60,156
case of individuals by adjusted gross income less an exemption 60,157
for the taxpayer, the taxpayer's spouse, and each dependent as 60,158
provided in section 5747.025 of the Revised Code, and measured in 60,159
the case of estates by taxable income. The tax imposed by this 60,160
section on the balance thus obtained is hereby levied as follows: 60,161
ADJUSTED GROSS INCOME LESS 60,163
EXEMPTIONS (INDIVIDUALS) 60,164
OR 60,165
TAXABLE INCOME (ESTATES) TAX 60,166
$5,000 or less .743% 60,169
More than $5,000 but not more $37.15 plus 1.486% of the 60,171
than $10,000 amount in excess of
$5,000
More than $10,000 but not more $111.45 plus 2.972% of 60,173
than $15,000 the amount in excess
of $10,000
More than $15,000 but not more $260.05 plus 3.715% of 60,175
than $20,000 the amount in excess
of $15,000
More than $20,000 but not more $445.80 plus 4.457% of 60,177
than $40,000 the amount in excess
1356
of $20,000
More than $40,000 but not more $1,337.20 plus 5.201% of 60,179
than $80,000 the amount in excess
of $40,000
More than $80,000 but not more $3,417.60 plus 5.943% of 60,181
than $100,000 the amount in excess
of $80,000
More than $100,000 but not $4,606.20 plus 6.9% of 60,183
more than $200,000 the amount in excess
of $100,000
More than $200,000 $11,506.20 plus 7.5% of 60,185
the amount in excess
of $200,000
(B) If the director of budget and management makes a 60,188
certification to the tax commissioner under division (B) of 60,189
section 131.44 of the Revised Code, the amount of tax as 60,190
determined under division (A) of this section shall be reduced by 60,191
the percentage prescribed in that certification for taxable years 60,192
beginning in the calendar year in which that certification is 60,193
made.
(C) The levy of this tax on income does not prevent a 60,195
municipal corporation, a joint economic development zone created 60,196
under section 715.691, or a joint economic development district 60,197
created under section 715.70 or 715.71 or sections 715.72 to 60,198
715.81 of the Revised Code from levying a tax on income. 60,199
Sec. 5747.025. (A) The personal exemption for the 60,208
taxpayer and the taxpayer's spouse shall be seven hundred fifty 60,209
dollars each for the taxable year beginning in 1996, eight 60,210
hundred fifty dollars each for the taxable year beginning in 60,211
1997, nine hundred fifty dollars each for the taxable year 60,212
beginning in 1998, and one thousand fifty dollars each for the 60,213
taxable year beginning in 1999 and taxable years beginning after
1999. THE PERSONAL EXEMPTION AMOUNT PRESCRIBED IN THIS DIVISION 60,215
FOR TAXABLE YEARS BEGINNING AFTER 1999 SHALL BE ADJUSTED EACH 60,216
1357
YEAR IN THE MANNER PRESCRIBED IN DIVISION (C) OF THIS SECTION. 60,218
(B) The personal exemption for each dependent shall be 60,220
eight hundred fifty dollars for the taxable year beginning in 60,221
1996, and one thousand fifty dollars for the taxable year 60,222
beginning in 1997 and taxable years beginning after 1997. THE 60,223
PERSONAL EXEMPTION AMOUNT PRESCRIBED IN THIS DIVISION FOR TAXABLE 60,225
YEARS BEGINNING AFTER 1999 SHALL BE ADJUSTED EACH YEAR IN THE 60,226
MANNER PRESCRIBED IN DIVISION (C) OF THIS SECTION. 60,227
(C) EACH YEAR BEGINNING IN 2000, THE TAX COMMISSIONER 60,230
SHALL DETERMINE THE PERCENTAGE INCREASE IN THE GROSS DOMESTIC 60,231
PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF 60,233
THE UNITED STATES DEPARTMENT OF COMMERCE FROM THE FIRST DAY OF 60,235
JULY OF THE PRECEDING CALENDAR YEAR TO THE LAST DAY OF JUNE OF 60,236
THE CURRENT YEAR, AND ADJUST THE PERSONAL EXEMPTION AMOUNT FOR 60,237
TAXABLE YEARS ENDING IN THE CURRENT TAXABLE YEAR BY MULTIPLYING 60,238
THAT AMOUNT BY THE PERCENTAGE INCREASE IN THE GROSS DOMESTIC 60,239
PRODUCT DEFLATOR FOR THAT PERIOD; ADDING THE RESULTING PRODUCT TO 60,240
THE PERSONAL EXEMPTION AMOUNT FOR TAXABLE YEARS ENDING IN THE 60,241
CURRENT TAXABLE YEAR; AND ROUNDING THE RESULTING SUM UPWARD TO 60,243
THE NEAREST MULTIPLE OF FIFTY DOLLARS. THE TAX COMMISSIONER 60,244
SHALL NOT MAKE SUCH AN ADJUSTMENT IN ANY YEAR IN WHICH THE AMOUNT 60,245
RESULTING FROM THE ADJUSTMENT WOULD BE LESS THAN THE AMOUNT 60,246
RESULTING FROM THE ADJUSTMENT IN THE PRECEDING YEAR. 60,247
Sec. 5747.03. (A) All money collected under this chapter 60,256
arising from the tax TAXES imposed by section 5747.02 OR 5747.41 60,258
of the Revised Code shall be credited to the general revenue 60,259
fund, except that the treasurer of state shall: 60,261
(1) Credit an amount equal to four and two-tenths per cent 60,264
of the THOSE taxes collected under this chapter to the local 60,265
government fund, which is hereby created in the state treasury, 60,267
for distribution in accordance with section 5747.50 of the 60,268
Revised Code; 60,269
(2) Credit an amount equal to five and seven-tenths per 60,272
cent of the THOSE taxes collected under this chapter to the 60,273
1358
library and local government support fund, which is hereby 60,275
created in the state treasury, for distribution in accordance 60,276
with section 5747.47 of the Revised Code; 60,277
(3) At the beginning of each calendar quarter, credit to 60,279
the Ohio political party fund, pursuant to section 3517.16 of the 60,280
Revised Code, an amount equal to the total dollar value realized 60,281
from the taxpayer exercise of the income tax checkoff option on 60,282
tax forms processed during the preceding calendar quarter; 60,283
(4) Credit an amount equal to six-tenths of one per cent 60,286
of the THOSE taxes collected under this chapter to the local 60,287
government revenue assistance fund for distribution in accordance 60,289
with section 5747.61 of the Revised Code. 60,290
(B)(1) Following the crediting of moneys pursuant to 60,292
division (A) of this section, the remainder deposited in the 60,293
general revenue fund shall be distributed pursuant to division 60,294
(F) of section 321.24 and section 323.156 of the Revised Code; to 60,295
make subsidy payments to institutions of higher education from 60,296
appropriations to the Ohio board of regents; to support 60,297
expenditures for programs and services for the mentally ill, 60,298
mentally retarded, developmentally disabled, and elderly; for 60,299
primary and secondary education; for medical assistance; and for 60,300
any other purposes authorized by law, subject to the limitation 60,301
that at least fifty per cent of the income tax collected by the 60,302
state from the tax imposed by section 5747.02 of the Revised Code 60,303
shall be returned pursuant to Section 9 of Article XII, Ohio 60,304
Constitution. 60,305
(2) To ensure that such constitutional requirement is 60,307
satisfied the tax commissioner shall, on or before the thirtieth 60,308
day of June of each year, from the best information available to 60,309
him THE TAX COMMISSIONER, determine and certify for each county 60,310
to the director of budget and management the amount of taxes 60,312
collected under this chapter FROM THE TAX IMPOSED UNDER SECTION 60,313
5747.02 OF THE REVISED CODE during the preceding calendar year 60,314
that are required to be returned to the county by Section 9 of 60,315
1359
Article XII, Ohio Constitution. The director shall provide for 60,316
payment from the general revenue fund to the county in the 60,317
amount, if any, that the sum of the amount so certified for that 60,318
county exceeds the sum of the following: 60,319
(a) The sum of the payments from the general revenue fund 60,321
for the preceding calendar year to the credit of the county's 60,322
undivided income tax fund pursuant to division (F) of section 60,323
321.24 and section 323.156 of the Revised Code; 60,324
(b) The sum of the amounts from the general revenue fund 60,326
distributed in the county during the preceding calendar year for 60,327
subsidy payments to institutions of higher education from 60,328
appropriations to the Ohio board of regents; for programs and 60,329
services for mentally ill, mentally retarded, developmentally 60,330
disabled, and elderly persons; for primary and secondary 60,331
education; and for medical assistance. 60,332
(c) The amount distributed to the county during the 60,334
preceding calendar year from the local government fund; 60,335
(d) The amount distributed to the county during the 60,337
preceding calendar year from the library and local government 60,338
support fund; 60,339
(e) The amount distributed to the county during the 60,341
preceding calendar year from the local government revenue 60,342
assistance fund. 60,343
Payments under this division shall be credited to the 60,345
county's undivided income tax fund, except that, notwithstanding 60,346
section 5705.14 of the Revised Code, such payments may be 60,347
transferred by the board of county commissioners to the county 60,348
general fund by resolution adopted with the affirmative vote of 60,349
two-thirds of the members thereof. 60,350
(C) All payments received in each month from taxes imposed 60,352
under Chapter 5748. of the Revised Code and any penalties or 60,353
interest thereon shall be paid into the school district income 60,354
tax fund, which is hereby created in the state treasury, except 60,355
that an amount equal to the following portion of such payments 60,357
1360
shall be paid into the general school district income tax 60,358
administrative fund, which is hereby created in the state 60,359
treasury: 60,360
(1) One and three-quarters of one per cent of those 60,362
received in fiscal year 1996; 60,363
(2) One and one-half per cent of those received in fiscal 60,365
year 1997 and thereafter. 60,366
Money in the school district income tax administrative fund 60,368
shall be used by the tax commissioner to defray costs incurred in 60,369
administering the school district's income tax, including the 60,370
cost of providing employers with information regarding the rate 60,371
of tax imposed by any school district. Any moneys remaining in 60,372
the fund after such use shall be deposited in the school district 60,373
income tax fund. 60,374
(D)(1)(a) Within thirty days of the end of each calendar 60,376
quarter ending on the last day of March, June, September, and 60,377
December, the director of budget and management shall make a 60,378
payment from the school district income tax fund to each school 60,379
district for which school district income tax revenue was 60,380
received during that quarter. The amount of the payment shall 60,381
equal the balance in the school district's account at the end of 60,382
that quarter. 60,383
(b) AFTER A SCHOOL DISTRICT CEASES TO LEVY AN INCOME TAX, 60,385
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL ADJUST THE PAYMENTS 60,386
UNDER DIVISION (D)(1)(a) OF THIS SECTION TO RETAIN SUFFICIENT 60,387
MONEY IN THE SCHOOL DISTRICT'S ACCOUNT TO PAY REFUNDS. FOR THE 60,388
CALENDAR QUARTERS ENDING ON THE LAST DAY OF MARCH AND DECEMBER OF 60,389
THE CALENDAR YEAR FOLLOWING THE LAST CALENDAR YEAR THE TAX IS 60,390
LEVIED, THE DIRECTOR SHALL MAKE THE PAYMENTS IN THE AMOUNT 60,391
REQUIRED UNDER DIVISION (D)(1)(a) OF THIS SECTION. FOR THE 60,392
CALENDAR QUARTER ENDING ON THE LAST DAY OF JUNE OF THE CALENDAR 60,393
YEAR FOLLOWING THE LAST CALENDAR YEAR THE TAX IS LEVIED, THE 60,394
DIRECTOR SHALL MAKE A PAYMENT EQUAL TO NINE-TENTHS OF THE BALANCE
IN THE ACCOUNT AT THE END OF THAT QUARTER. FOR THE CALENDAR 60,395
1361
QUARTER ENDING ON THE LAST DAY OF SEPTEMBER OF THE CALENDAR YEAR 60,396
FOLLOWING THE LAST CALENDAR YEAR THE TAX IS LEVIED, THE DIRECTOR 60,397
SHALL MAKE NO PAYMENT. FOR THE SECOND AND SUCCEEDING CALENDAR 60,398
YEARS FOLLOWING THE LAST CALENDAR YEAR THE TAX IS LEVIED, THE 60,399
DIRECTOR SHALL MAKE ONE PAYMENT EACH YEAR, WITHIN THIRTY DAYS OF 60,400
THE LAST DAY OF JUNE, IN AN AMOUNT EQUAL TO THE BALANCE IN THE 60,401
DISTRICT'S ACCOUNT ON THE LAST DAY OF JUNE. 60,402
(2) Moneys paid to a school district under this division 60,404
shall be deposited in its school district income tax fund. All 60,405
interest earned on moneys in the school district income tax fund 60,406
shall be apportioned by the tax commissioner pro rata among the 60,407
school districts in the proportions and at the times the 60,408
districts are entitled to receive payments under this division. 60,409
Sec. 5747.057. (A) As used in this section: 60,418
(1) "Average of the payroll factor and the property 60,420
factor" means one-half multiplied by the sum of the payroll 60,421
factor and the property factor. 60,422
(2) Subject to divisions (C) and (I) of this section, 60,424
"export sales" means sales used in determining the denominator of 60,425
the sales factor under division (C) of section 5747.21 of the 60,426
Revised Code, as long as the sales meet the requirements of 60,427
division (A)(2)(a) of this section and either or both of 60,428
divisions (A)(2)(b) and (c) of this section. 60,429
(a) The gross receipts with respect to the sales qualify 60,431
as foreign trading gross receipts as defined under section 924 of 60,432
the Internal Revenue Code and regulations prescribed thereunder, 60,433
except not including foreign trading gross receipts defined under 60,434
section 924(a)(5) of the Internal Revenue Code and regulations 60,435
prescribed thereunder. In addition, for the purposes of division 60,436
(A)(2)(a) of this section, section 924 of the Internal Revenue 60,437
Code is considered to apply to any taxpayer, not just an FSC as 60,438
that term is defined under section 922 of the Internal Revenue 60,439
Code. 60,440
(b) In the case of sales of tangible personal property, 60,442
1362
the taxpayer establishes by preponderance of the evidence that 60,443
the property is not received by the purchaser within the United 60,444
States. If the property is delivered by common carrier or by 60,445
other means of transportation, the place at which the property is 60,446
ultimately received after all transportation has been completed 60,447
shall be considered as the place at which the property is 60,448
received by the purchaser. Direct delivery in the United States, 60,449
other than for purposes of transportation, to a person or firm 60,450
designated by the purchaser constitutes delivery to the purchaser 60,451
in the United States. Direct delivery outside the United States 60,452
to a person or firm designated by the purchaser does not 60,453
constitute delivery to the purchaser in the United States, 60,454
regardless of where title passes or other condition of sale. 60,455
In addition, the taxpayer also establishes by clear and 60,457
convincing evidence one of the following: 60,458
(i) With respect to sales of tangible personal property to 60,460
a related member, within the twelve-month period subsequent to 60,461
the delivery to the related member, the related member in turn 60,462
sells the property, or leases it for a period of at least five 60,463
years, and delivers the property in the same form or as a 60,464
component part of other property to a purchaser or lessee who is 60,465
not a related member. In addition, during the twenty-four-month 60,466
period subsequent to such sale or lease by the related member, 60,467
the purchaser or lessee or a related member of the purchaser or 60,468
lessee does not receive, use, or consume the property, either in 60,469
the same form or as a component part of other property, within 60,470
the United States, and does not directly or indirectly sell or 60,471
lease the property, either in the same form or as a component 60,472
part of other property, for use or consumption in the United 60,473
States. 60,474
(ii) With respect to all other sales of tangible personal 60,476
property, during the twenty-four-month period subsequent to such 60,477
sale, the purchaser or a related member of the purchaser does not 60,478
receive, use, or consume the property, either in the same form or 60,479
1363
as a component part of other property, in the United States, and 60,480
does not directly or indirectly sell the property, either in the 60,481
same form or as a component part of other property, for use or 60,482
consumption in the United States. 60,483
(c) In the case of sales of services, the taxpayer 60,485
establishes by preponderance of the evidence that the purchaser 60,486
uses or consumes the services or the object of the services in a 60,487
location other than the United States. If a purchaser will 60,488
receive and use or consume the services or the object of the 60,489
services both within and outside the United States, the sale is 60,490
considered to be a sale of services or of the object of the 60,491
services used or consumed outside the United States by the 60,492
purchaser only to the extent of such proportionate use or 60,493
consumption outside the United States. The taxpayer shall 60,494
establish by preponderance of the evidence that the services or 60,495
the object of the services was ultimately received and used or 60,496
consumed outside the United States. Direct or indirect sales of 60,497
services or the object of services to a related member do not 60,498
meet the requirements of division (A)(2)(c) of this section 60,499
unless the taxpayer establishes by clear and convincing evidence 60,500
that within the twelve-month period subsequent to the sale to the 60,501
related member, the related member in turn sold and delivered or 60,502
rendered the services or the object of the services to a person 60,503
who is not a related member and such person ultimately received 60,504
and used or consumed the services or the object of the services 60,505
outside the United States. In no event shall a sale of services 60,506
qualify as an export sale if the taxpayer or the taxpayer's 60,507
related member directly or indirectly acquired such services from 60,508
a person who is not a United States person and if the taxpayer or 60,509
the taxpayer's related member in turn directly or indirectly sold 60,510
such services in substantially the same form. For purposes of 60,511
this section, services are sold in substantially the same form 60,512
where more than fifty per cent of the fair market value of such 60,513
services sold is attributable to services directly or indirectly 60,514
1364
purchased by the taxpayer or by the taxpayer's related member 60,515
from a person who is not a United States person. 60,516
(3) "Incremental increase in export sales" means one-half 60,518
of the difference obtained by subtracting the amount of the 60,519
taxpayer's export sales for the second preceding taxable year 60,520
from the amount of the taxpayer's export sales for the taxable 60,521
year. 60,522
If the taxpayer's taxable year is a period of greater than 60,524
or less than three hundred sixty-five days, or three hundred 60,525
sixty-six days for a taxable year that includes February 60,526
twenty-nine, the amount of the export sales for that taxable year 60,527
shall be adjusted and restated to an annualized amount. 60,528
(4) Subject to divisions (C), (F)(1), (I), and (J) of this 60,530
section, "Ohio payroll increase factor" means twelve and one-half 60,531
multiplied by the difference obtained by subtracting two 60,532
one-hundredths from the largest of the following quotients: 60,533
(a) The numerator of the payroll factor for the taxable 60,535
year minus the numerator of the payroll factor for the 60,536
immediately preceding taxable year, divided by the numerator of 60,537
the payroll factor for the immediately preceding taxable year; 60,538
(b) The numerator of the payroll factor for the taxable 60,540
year minus the numerator of the payroll factor for the second 60,541
preceding taxable year, divided by the numerator of the payroll 60,542
factor for the second preceding taxable year; 60,543
(c) The numerator of the payroll factor for the taxable 60,545
year minus the numerator of the payroll factor for the third 60,546
preceding taxable year, divided by the numerator of the payroll 60,547
factor for the third preceding taxable year. 60,548
If the numerator of the payroll factor for a taxable year 60,550
represents payroll for a period of greater than or less than 60,551
three hundred sixty-five days, or three hundred sixty-six days 60,552
for a taxable year that includes a twenty-ninth day of February, 60,553
for purposes of this section the numerator for that taxable year 60,554
shall be adjusted and restated to an annualized amount. If 60,555
1365
neither the taxpayer nor its related members were subject to the 60,556
tax imposed by this chapter SECTION 5747.02 OF THE REVISED CODE 60,557
for any of the three immediately preceding taxable years, the 60,559
numerator of the payroll factor for any such year shall be 60,560
considered to be one dollar.
In no event shall the Ohio payroll increase factor be 60,562
greater than one or less than zero. 60,563
(5) Subject to divisions (C), (F)(2), and (I) of this 60,565
section, "Ohio property increase factor" means ten multiplied by 60,566
the largest of the following quotients: 60,567
(a) The numerator of the property factor for the taxable 60,569
year minus the numerator of the property factor for the 60,570
immediately preceding taxable year, divided by the numerator of 60,571
the property factor for the immediately preceding taxable year; 60,572
(b) The numerator of the property factor for the taxable 60,574
year minus the numerator of the property factor for the second 60,575
preceding taxable year, divided by the numerator of the property 60,576
factor for the second preceding taxable year; 60,577
(c) The numerator of the property factor for the taxable 60,579
year minus the numerator of the property factor for the third 60,580
preceding taxable year, divided by the numerator of the property 60,581
factor for the third preceding taxable year. 60,582
If neither the taxpayer nor its related members were 60,584
subject to the tax imposed by this chapter SECTION 5747.02 OF THE 60,585
REVISED CODE for any of the three immediately preceding taxable 60,587
years, the numerator of the property factor for any such year 60,588
shall be considered to be one dollar. 60,589
In no event shall the Ohio property increase factor be 60,591
greater than one or less than zero. 60,592
(6) "Pass-through entity" means a taxpayer's sole 60,594
proprietorship, a partnership, a trust, an estate, a corporation 60,595
that has made an election under subchapter S of chapter one of 60,596
subtitle A of the Internal Revenue Code for its taxable year 60,597
under such Code, and any other entity through which income flows 60,598
1366
as a distributive share to the taxpayer. 60,599
(7) Subject to divisions (C), (I), and (J) of this 60,601
section, "payroll factor" has the same meaning as in division (B) 60,602
of section 5747.21 of the Revised Code with any adjustments, 60,603
exclusions, or alterations made in accordance with division (D) 60,604
of that section and without regard to the credit provided by 60,605
division (A) of section 5747.05 of the Revised Code. 60,606
(8)(7) "Pre-tax profit from the incremental increase in 60,608
export sales" means fifteen per cent of the incremental increase 60,609
in export sales, except that the taxpayer may establish by 60,610
preponderance of the evidence that the pre-tax profit margin from 60,611
such sales is an amount exceeding fifteen per cent but not 60,612
exceeding fifty per cent. For purposes of this section, the 60,613
pre-tax profit margin shall be determined on a product line by 60,614
product line basis, and equals the quotient of the taxpayer's 60,615
adjusted gross income with respect to the product line, divided 60,616
by the taxpayer's sales for the product line less sales returns, 60,617
allowances, and discounts. 60,618
Nothing in division (A)(8)(7) of this section shall be used 60,620
or construed to support a request under division (D) of section 60,621
5747.21 of the Revised Code. 60,622
(9)(8) Subject to divisions (C) and (I) of this section, 60,624
"property factor" has the same meaning as in division (A) of 60,625
section 5747.21 of the Revised Code with any adjustments, 60,626
exclusions, or alterations made in accordance with division (D) 60,627
of that section and without regard to the credit provided by 60,628
division (A) of section 5747.05 of the Revised Code. 60,629
(10)(9) "Related member" has the same meaning as under 60,631
division (A)(6) of section 5733.042 of the Revised Code without 60,632
regard to division (B) of that section. 60,633
(11)(10) "Tentative credit" means the credit under 60,635
division (B) of this section without regard to the limitations 60,636
set forth in division (D) of this section. 60,637
(12)(11) "United States" means the United States and its 60,639
1367
territories and possessions. 60,640
(13)(12) "United States person" has the same meaning as 60,642
under section 7701(A)(30) of the Internal Revenue Code. 60,643
(B) A nonrefundable credit is allowed against the tax 60,645
imposed under this chapter SECTION 5747.02 OF THE REVISED CODE. 60,646
The credit shall be claimed in the order required under section 60,648
5747.98 of the Revised Code. Subject to divisions (D) and (G) of 60,649
this section, the credit equals the sum of the following: 60,650
(1) For taxable years beginning in 1992 through taxable 60,652
years beginning in 1999, ten per cent of the product obtained by 60,653
multiplying all of the following together: 60,654
(a) The pre-tax profit from the incremental increase in 60,656
export sales for the taxable year; 60,657
(b) The average of the property factor and the payroll 60,659
factor for the taxable year; 60,660
(c) The greater of the Ohio payroll increase factor or the 60,662
Ohio property increase factor. 60,663
(2) For taxable years beginning in 1993 through taxable 60,665
years beginning in 2004, the sum of any amounts carried forward 60,666
from taxable years beginning in 1992 through taxable years 60,667
beginning in 1999 in accordance with division (E) of this 60,668
section. 60,669
(C) For purposes of this section, a taxpayer's export 60,671
sales and the numerators and denominators of the taxpayer's 60,672
payroll and property factors shall include the taxpayer's 60,673
proportionate shares of the export sales and numerators and 60,674
denominators of the payroll and property factors, respectively, 60,675
for all pass-through entities. For purposes of applying this 60,676
division, the tax commissioner shall be guided by the concepts 60,677
set forth in section 41(f)(2) of the Internal Revenue Code and 60,678
regulations prescribed thereunder. 60,679
Nothing in this division shall be construed to limit or 60,681
disallow pass-through treatment of a pass-through entity's 60,682
income, deductions, credits, or other amounts necessary to 60,683
1368
compute the tax imposed BY SECTION 5747.02 OF THE REVISED CODE 60,684
and the credits allowed by this chapter. 60,685
(D) In no circumstance shall the credit provided by this 60,687
section be less than zero. 60,688
If a taxpayer's tentative credit for a taxable year is 60,690
greater than two hundred fifty thousand dollars or the taxpayer's 60,691
tax due after taking into account any other nonrefundable credits 60,692
that precede the credit under this section in the order required 60,693
under section 5747.98 of the Revised Code, then the credit 60,694
allowed to the taxpayer for the taxable year shall not exceed the 60,695
lesser of two hundred fifty thousand dollars or the taxpayer's 60,696
tax due after taking into account any other nonrefundable credits 60,697
that precede the credit under this section in that order. 60,698
(E)(1) Pursuant to division (B)(2) of this section, the 60,700
greater of the amount described in division (E)(1)(a) or the 60,701
amount described in division (E)(1)(b) of this section shall be 60,702
allowed as a nonrefundable credit for the taxpayer in ensuing 60,703
taxable years: 60,704
(a) The excess, if any, of the tentative credit for the 60,706
taxable year over two hundred fifty thousand dollars; 60,707
(b) The excess, if any, of the tentative credit for the 60,709
taxable year over the tax due for the taxable year after taking 60,710
into account any other nonrefundable credits that precede the 60,711
credit under this section in the order required under section 60,712
5747.98 of the Revised Code.
(2) Any such amount allowed as a credit in an ensuing 60,714
taxable year shall be deducted from the balance carried forward 60,715
to the next ensuing taxable year. Such credit shall be taken 60,716
into account prior to the allowance of any credit for such 60,717
taxable year under division (B)(1) of this section. In no event 60,718
shall any amount or any portion of any amount described in 60,719
division (E)(1)(a) or (b) of this section be allowed in any 60,720
taxable year beginning after December 31, 2004. 60,721
(F)(1) With respect to the computation of the Ohio payroll 60,723
1369
increase factor, divisions (A)(4)(b) and (c) of this section 60,724
shall not apply to taxable years beginning in 1992 or 1993, and 60,725
division (A)(4)(c) of this section shall not apply to taxable 60,726
years beginning in 1994. 60,727
(2) With respect to the computation of the Ohio property 60,729
increase factor, divisions (A)(5)(b) and (c) of this section 60,730
shall not apply to taxable years beginning in 1992 and 1993, and 60,731
division (A)(5)(c) of this section shall not apply to taxable 60,732
years beginning in 1994. 60,733
(G) The aggregate credit allowed to a taxpayer for taxable 60,735
years beginning in 1992 through taxable years beginning in 2004 60,736
shall not exceed three million two hundred fifty thousand 60,737
dollars. 60,738
(H) For purposes of divisions (E) and (G) and the 60,740
limitations set forth in division (D) of this section, married 60,741
taxpayers filing a joint return for the taxable year in 60,742
accordance with section 6013 of the Internal Revenue Code each 60,743
shall be considered to be a taxpayer. Each such taxpayer shall 60,744
have an annual limitation on the amount of the credit of the 60,745
lesser of two hundred fifty thousand dollars or that taxpayer's 60,746
portion of the tax due, after taking into account all other 60,747
nonrefundable credits provided by this chapter. Each such 60,748
taxpayer's portion of the tax due after taking into account all 60,749
other nonrefundable credits provided by this chapter, shall be 60,750
the product of the tax due after allowance for the sum of all 60,751
other nonrefundable credits and all refundable credits other than 60,752
amounts withheld and estimated tax payments multiplied by the 60,753
quotient of the tax that would have been due from the taxpayer 60,754
after allowance for the sum of all other nonrefundable credits 60,755
and all refundable credits other than amounts withheld and 60,756
estimated tax payments if the taxpayer were not filing a joint 60,757
return for the taxable year divided by the tax that would have 60,758
been due from both the taxpayer and the taxpayer's spouse after 60,759
allowance for the sum of all other nonrefundable credits and 60,760
1370
refundable credits other than amounts withheld and estimated tax 60,761
payments if the taxpayer and spouse were not filing a joint 60,762
return for the taxable year. 60,763
(I)(1) If a taxpayer acquires the major portion of a trade 60,765
or business of another person or the major portion of a separate 60,766
unit of a trade or business of another person, then for purposes 60,767
of applying this section to the taxable year in which the 60,768
acquisition occurred and subsequent taxable years, the amount of 60,769
the taxpayer's export sales, payroll, subject to division (J) of 60,770
this section, and property for periods before the acquisition 60,771
shall be increased by so much of such amounts paid or incurred by 60,772
the previous owner of the acquired trade, business, or separate 60,773
unit as is attributable to the portion of such trade, business, 60,774
or separate unit acquired by the taxpayer. 60,775
(2) If a taxpayer disposes of a major portion of a trade 60,777
or business or the major portion of a separate unit of a trade or 60,778
business in a transaction to which division (I)(1) of this 60,779
section applies, and if the taxpayer furnished the acquiring 60,780
person such information as is necessary for the application of 60,781
division (I)(1) of this section, then for purposes of applying 60,782
this section to the taxable year in which the disposition 60,783
occurred and to subsequent taxable years, the amount of the 60,784
taxpayer's export sales, payroll, subject to division (J) of this 60,785
section, and property for periods before the disposition shall be 60,786
decreased by so much of such amounts as is attributable to the 60,787
portion of such trade, business, or separate unit disposed of by 60,788
the taxpayer. 60,789
(3) For purposes of applying this division, the tax 60,791
commissioner shall be guided by the concepts set forth in section 60,792
41(f)(3) of the Internal Revenue Code and regulations prescribed 60,793
thereunder. 60,794
(J) For purposes of this section, payroll and compensation 60,796
do not include amounts in excess of two hundred thousand dollars 60,797
directly or indirectly paid or accrued during the taxable year to 60,798
1371
an employee. For purposes of applying this division, the 60,799
aggregate payroll and compensation directly or indirectly paid or 60,800
accrued by an employer and by the employer's related members, if 60,801
any, to an employee and to the employee's children, 60,802
grandchildren, parents, and spouse, other than a spouse who is 60,803
legally separated from the employee, shall be considered to be 60,804
paid to the employee. 60,805
If the aggregate payroll and compensation paid or accrued 60,807
by an employer and by an employer's related members during the 60,808
taxable year to the employee exceeds two hundred thousand 60,809
dollars, the employer's portion of such excess amount shall be 60,810
the product of the excess amount multiplied by the quotient of 60,811
the payroll and compensation paid or accrued by the employer 60,812
during the taxable year to the employee divided by the aggregate 60,813
payroll and compensation paid or accrued by the employer and by 60,814
the employer's related members during the taxable year to the 60,815
employee. 60,816
(K) With respect to allowing the credit provided by this 60,818
section, the tax commissioner shall be guided by the doctrines of 60,819
"economic reality," "sham transaction," "step transaction," and 60,820
"substance over form." The taxpayer shall bear the burden of 60,821
establishing by preponderance of the evidence that any 60,822
transaction giving rise to a claimed credit did not have as a 60,823
principal purpose the avoidance of any portion of the tax imposed 60,824
by this chapter SECTION 5747.02 OF THE REVISED CODE. 60,825
Nothing in this section shall be construed to limit solely 60,827
to this section the application of the doctrines listed in this 60,828
division. 60,829
Sec. 5747.059. (A) THIS SECTION APPLIES ONLY TO REDUCE 60,833
THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 60,835
(B) THERE IS HEREBY ALLOWED A REFUNDABLE CREDIT AGAINST 60,838
THE TAX IMPOSED UNDER SECTION 5747.02 OF THE REVISED CODE. THIS 60,840
CREDIT SHALL BE EQUAL TO THE TAXPAYER'S PROPORTIONATE SHARE OF 60,841
THE LESSER OF EITHER THE TAX DUE OR THE TAX PAID UNDER SECTION 60,842
1372
5733.41 OR 5747.41 OF THE REVISED CODE BY ANY QUALIFYING ENTITY 60,843
AS DEFINED IN SECTION 5733.40 OF THE REVISED CODE FOR THE 60,845
QUALIFYING TAXABLE YEAR OF THE QUALIFYING ENTITY WHICH ENDS IN 60,846
THE TAXABLE YEAR OF THE TAXPAYER. 60,847
(C) THE TAXPAYER SHALL CLAIM THE CREDIT FOR THE TAXPAYER'S 60,850
TAXABLE YEAR IN WHICH ENDS THE QUALIFYING ENTITY'S QUALIFYING 60,851
TAXABLE YEAR. FOR PURPOSES OF MAKING TAX PAYMENTS UNDER THIS 60,852
CHAPTER, TAXES EQUAL TO THE AMOUNT OF THE CREDIT SHALL BE 60,853
CONSIDERED TO BE PAID BY THE TAXPAYER TO THIS STATE ON THE DAY 60,854
THAT THE QUALIFYING ENTITY PAYS TO THE TREASURER OF STATE THE 60,855
AMOUNT DUE PURSUANT TO SECTION 5733.41 AND SECTIONS 5747.41 TO 60,856
5747.453 OF THE REVISED CODE WITH RESPECT TO AND FOR THE 60,858
TAXPAYER.
(D) IN CLAIMING THE CREDIT AND DETERMINING THE TAXPAYER'S 60,861
PROPORTIONATE SHARE OF THE TAX DUE AND THE TAX PAID BY ANY 60,862
QUALIFYING ENTITY, THE TAXPAYER SHALL FOLLOW THE CONCEPTS SET 60,863
FORTH IN SUBCHAPTERS J AND K OF THE INTERNAL REVENUE CODE. 60,867
(E) THE CREDIT SHALL BE CLAIMED IN THE ORDER REQUIRED 60,870
UNDER SECTION 5747.98 OF THE REVISED CODE. IF THE AMOUNT OF THE 60,872
CREDIT UNDER THIS SECTION EXCEEDS THE AMOUNT OF TAX OTHERWISE DUE 60,874
UNDER SECTION 5747.02 OF THE REVISED CODE AFTER DEDUCTION OF ALL
OTHER CREDITS IN THAT ORDER, THE TAXPAYER IS ENTITLED TO A REFUND 60,876
OF THE EXCESS.
Sec. 5747.062. (A) The state lottery commission shall: 60,885
(1) Deduct and withhold from each lottery prize award 60,887
payment that exceeds five thousand dollars an amount equal to 60,888
three and one-half per cent of the payment, prior to making any 60,889
other reduction required by Chapter 3770. of the Revised Code; 60,890
(2) On or before the tenth banking day of each month, file 60,892
a return and remit to the tax commissioner all amounts deducted 60,893
and withheld pursuant to this section during the preceding month. 60,894
As used in this section, "banking day" has the same meaning as in 60,895
division (A)(3) of section 1304.01 of the Revised Code. 60,896
(3) On or before the thirty-first day of January of each 60,898
1373
year, file with the commissioner an annual return, in the form 60,899
prescribed by the tax commissioner, indicating the total amount 60,900
deducted and withheld pursuant to this section during the 60,901
preceding calendar year. At the time of filing that return, the 60,902
state lottery commission shall remit any amount deducted and 60,903
withheld during the preceding calendar year that was not 60,904
previously remitted. 60,905
(4) Issue to each recipient of a lottery prize award from 60,907
which the commission has deducted and withheld tax pursuant to 60,908
this section during the preceding calendar year, an information 60,909
return in the form prescribed by rule of the commissioner. 60,910
(B) Amounts withheld pursuant to this section shall be 60,912
treated as a credit against any tax imposed upon the recipient of 60,913
the lottery prize award pursuant to this chapter SECTION 5747.02 60,914
OF THE REVISED CODE and shall be treated as paid by the recipient 60,916
on the date on which those amounts are deducted and withheld by 60,917
the commission. The credit shall be a refundable credit, 60,918
applicable after subtracting all other credits to which the 60,919
recipient may be entitled pursuant to this chapter. 60,920
(C) Failure of the commission to deduct and withhold the 60,922
required amounts from lottery prize awards or to remit amounts 60,923
withheld as required by this section shall not relieve a 60,924
recipient of a lottery prize award from liability for the tax 60,925
imposed by this chapter SECTION 5747.02 OF THE REVISED CODE. 60,926
Sec. 5747.07. (A) As used in this section: 60,936
(1) "Banking day" has the same meaning as in section 60,938
1304.01 of the Revised Code. 60,939
(2) "Month" means a calendar month. 60,941
(3) "Partial weekly withholding period" means a period 60,943
during which an employer directly, indirectly, or constructively 60,944
pays compensation to, or credits compensation to the benefit of, 60,945
an employee, and that consists of a consecutive Saturday, Sunday, 60,946
Monday, and Tuesday or a consecutive Wednesday, Thursday, and 60,947
Friday. There are two partial weekly withholding periods each 60,948
1374
week, except that a partial weekly withholding period cannot 60,949
extend from one calendar year into the next calendar year; if the 60,950
first day of January falls on a day other than Saturday or 60,951
Wednesday, the partial weekly withholding period ends on the 60,952
thirty-first day of December and there are three partial weekly 60,953
withholding periods during that week. 60,954
(4)(2) "Undeposited taxes" means the taxes an employer is 60,956
required to deduct and withhold from an employee's compensation 60,957
pursuant to section 5747.06 of the Revised Code that have not 60,958
been remitted to the tax commissioner pursuant to this section or 60,959
to the treasurer of state pursuant to section 5747.072 of the 60,960
Revised Code. 60,961
(5)(3) A "week" begins on Saturday and concludes at the 60,963
end of the following Friday. 60,964
(B) Except as provided in divisions (C) and (D) of this 60,966
section and in division (A) of section 5747.072 of the Revised 60,967
Code, every employer required to deduct and withhold any amount 60,968
under section 5747.06 of the Revised Code shall file a return and 60,969
shall pay the amount required by law as follows: 60,970
(1) An employer who accumulates or is required to 60,972
accumulate undeposited taxes of one hundred thousand dollars or 60,973
more during a partial weekly withholding period shall make the 60,974
payment of the undeposited taxes by the close of the first 60,975
banking day after the day on which the accumulation reaches one 60,976
hundred thousand dollars. If required under division (I) of this 60,977
section, the payment shall be made by electronic funds transfer 60,978
under section 5747.072 of the Revised Code. 60,979
(2)(a) Except as required by division (B)(1) of this 60,981
section, an employer described in division (B)(2)(b) of this 60,982
section shall make the payment of undeposited taxes within three 60,983
banking days after the close of a partial weekly withholding 60,984
period during which the employer was required to deduct and 60,985
withhold any amount under this chapter. If required under 60,986
division (I) of this section, the payment shall be made by 60,987
1375
electronic funds transfer under section 5747.072 of the Revised 60,988
Code. 60,989
(b) For amounts required to be deducted and withheld 60,991
during 1994, an employer described in division (B)(2)(b) of this 60,992
section is one whose actual or required payments under this 60,993
section exceeded one hundred eighty thousand dollars during the 60,994
twelve-month period ending June 30, 1993. For amounts required 60,995
to be deducted and withheld during 1995 and each year thereafter, 60,996
an employer described in division (B)(2)(b) of this section is 60,997
one whose actual or required payments under this section were at 60,998
least eighty-four thousand dollars during the twelve-month period 60,999
ending on the thirtieth day of June of the preceding calendar 61,000
year. 61,001
(3) Except as required by divisions (B)(1) and (2) of this 61,003
section, if an employer's actual or required payments were more 61,004
than two thousand dollars during the twelve-month period ending 61,005
on the thirtieth day of June of the preceding calendar year, the 61,006
employer shall make the payment of undeposited taxes for each 61,007
month during which they were required to be withheld no later 61,008
than fifteen days following the last day of that month. The 61,009
employer shall file the return prescribed by the tax commissioner 61,010
with the payment. 61,011
(4) Except as required by divisions (B)(1), (2), and (3) 61,013
of this section, an employer shall make the payment of 61,014
undeposited taxes for each calendar quarter during which they 61,015
were required to be withheld no later than the last day of the 61,016
month following the last day of March, June, September, and 61,017
December each year. The employer shall file the return 61,018
prescribed by the tax commissioner with the payment. 61,019
(C) The return and payment schedules prescribed by 61,021
divisions (B)(1) and (2) of this section do not apply to the 61,022
return and payment of undeposited school district income taxes 61,023
arising from taxes levied pursuant to Chapter 5748. of the 61,024
Revised Code. Undeposited school district income taxes shall be 61,025
1376
returned and paid pursuant to divisions (B)(3) and (4) of this 61,026
section, as applicable. 61,027
(D)(1) The requirements of division (B) of this section 61,029
are met if the amount paid is not less than ninety-five per cent 61,030
of the actual tax withheld or required to be withheld for the 61,031
prior quarterly, monthly, or partial weekly withholding period, 61,032
and the underpayment is not due to willful neglect. Any 61,033
underpayment of withheld tax shall be paid within thirty days of 61,034
the date on which the withheld tax was due without regard to 61,035
division (D)(1) of this section. An employer described in 61,036
division (B)(1) or (2) of this section shall make the payment by 61,037
electronic funds transfer under section 5747.072 of the Revised 61,038
Code. 61,039
(2) If the tax commissioner believes that quarterly or 61,041
monthly payments would result in a delay that might jeopardize 61,042
the remittance of withholding payments, he THE COMMISSIONER may 61,043
order that the payments be made weekly, or more frequently if 61,044
necessary, and the payments shall be made no later than three 61,046
banking days following the close of the period for which the 61,047
jeopardy order is made. An order requiring weekly or more 61,048
frequent payments shall be delivered to the employer personally 61,049
or by certified mail and remains in effect until the commissioner 61,050
notifies the employer to the contrary. 61,051
(3) If compelling circumstances exist concerning the 61,053
remittance of undeposited taxes, the commissioner may order the 61,054
employer to make payments under any of the payment schedules 61,055
under division (B) of this section. The order shall be delivered 61,056
to the employer personally or by certified mail and shall remain 61,057
in effect until the commissioner notifies the employer to the 61,058
contrary. For purposes of division (D)(3) of this section, 61,059
"compelling circumstances" exist if either or both of the 61,060
following are true: 61,061
(a) Based upon annualization of payments made or required 61,063
to be made during the preceding calendar year and during the 61,064
1377
current calendar year, the employer would be required for the 61,065
next calendar year to make payments under division (B)(2) of this 61,066
section. 61,067
(b) Based upon annualization of payments made or required 61,069
to be made during the current calendar year, the employer would 61,070
be required for the next calendar year to make payments under 61,071
division (B)(2) of this section. 61,072
(E)(1) An employer described in division (B)(1) or (2) of 61,074
this section shall file, not later than the last day of the month 61,075
following the end of each calendar quarter, a return covering, 61,076
but not limited to, both the actual amount deducted and withheld 61,077
and the amount required to be deducted and withheld for the tax 61,078
imposed under this chapter SECTION 5747.02 OF THE REVISED CODE 61,079
during each partial weekly withholding period or portion of a 61,081
partial weekly withholding period during that quarter. The 61,082
employer shall file the quarterly return even if the aggregate 61,083
amount required to be deducted and withheld for the quarter is 61,084
zero dollars. At the time of filing the return, the employer 61,085
shall pay any amounts of undeposited taxes for the quarter, 61,086
whether actually deducted and withheld or required to be deducted 61,087
and withheld, that have not been previously paid. If required 61,088
under division (I) of this section, the payment shall be made by 61,089
electronic funds transfer. The tax commissioner shall prescribe 61,090
the form and other requirements of the quarterly return. 61,091
(2) In addition to other returns required to be filed and 61,093
payments required to be made under this section, every employer 61,094
required to deduct and withhold taxes shall file, not later than 61,095
the thirty-first day of January of each year, an annual return 61,096
covering, but not limited to, both the aggregate amount deducted 61,097
and withheld and the aggregate amount required to be deducted and 61,098
withheld during the entire preceding year for the tax imposed 61,099
under this chapter SECTION 5747.02 OF THE REVISED CODE and for 61,100
each tax imposed under Chapter 5748. of the Revised Code. At the 61,102
time of filing that return, the employer shall pay over any 61,103
1378
amounts of undeposited taxes for the preceding year, whether 61,104
actually deducted and withheld or required to be deducted and 61,105
withheld, that have not been previously paid. The employer shall 61,106
make the annual report, to each employee and to the tax 61,107
commissioner, of the compensation paid and each tax withheld, as 61,108
the commissioner by rule may prescribe. 61,109
Each employer required to deduct and withhold any tax is 61,111
liable for the payment of that amount required to be deducted and 61,112
withheld, whether or not the tax has in fact been withheld, 61,113
unless the failure to withhold was based upon the employer's good 61,114
faith in reliance upon the statement of the employee as to 61,115
liability, and the amount shall be deemed to be a special fund in 61,116
trust for the general revenue fund. 61,117
(F) Each employer shall file with his THE EMPLOYER'S 61,119
annual return the following items of information on employees for 61,121
whom withholding is required under section 5747.06 of the Revised 61,122
Code:
(1) The full name of each employee, his THE EMPLOYEE'S 61,124
address, his THE EMPLOYEE'S school district of residence, and in 61,125
the case of a nonresident employee, his THE EMPLOYEE'S principal 61,127
county of employment;
(2) The social security number of each employee; 61,129
(3) The total amount of compensation paid before any 61,131
deductions to each employee for the period for which the annual 61,132
return is made; 61,133
(4) The amount of the tax imposed by section 5747.02 of 61,135
the Revised Code and the amount of each tax imposed under Chapter 61,136
5748. of the Revised Code, withheld from the compensation of the 61,137
employee for the period for which the annual return is made. The 61,138
commissioner may extend upon good cause the period for filing any 61,139
notice or return required to be filed under this section and may 61,140
adopt rules relating to extensions of time. If the extension 61,141
results in an extension of time for the payment of the amounts 61,142
withheld with respect to which the return is filed, the employer 61,143
1379
shall pay, at the time the amount withheld is paid, an amount of 61,144
interest computed at the rate per annum prescribed by section 61,145
5703.47 of the Revised Code on that amount withheld, from the 61,146
time DAY that amount was originally required to be paid to the 61,147
time DAY of actual payment OR TO THE DAY AN ASSESSMENT IS ISSUED 61,149
UNDER SECTION 5747.13 OF THE REVISED CODE, WHICHEVER OCCURS 61,150
FIRST.
(5) In addition to all other interest charges and 61,152
penalties imposed, all amounts of taxes withheld or required to 61,153
be withheld and remaining unpaid after the time DAY the amounts 61,154
are required to be paid shall bear interest from the date 61,156
prescribed for payment at the rate per annum prescribed by 61,157
section 5703.47 of the Revised Code on the amount unpaid, in 61,158
addition to the amount withheld, UNTIL PAID OR UNTIL THE DAY AN 61,159
ASSESSMENT IS ISSUED UNDER SECTION 5747.13 OF THE REVISED CODE, 61,160
WHICHEVER OCCURS FIRST.
(G) An employee of a corporation, limited liability 61,162
company, or business trust having control or supervision of or 61,163
charged with the responsibility of filing the report and making 61,164
payment, or an officer, member, manager, or trustee of a 61,165
corporation, limited liability company, or business trust who is 61,166
responsible for the execution of the corporation's, limited 61,167
liability company's, or business trust's fiscal responsibilities, 61,168
shall be personally liable for failure to file the report or pay 61,169
the tax due as required by this section. The dissolution, 61,170
termination, or bankruptcy of a corporation, limited liability 61,171
company, or business trust does not discharge a responsible 61,172
officer's, member's, manager's, employee's, or trustee's 61,173
liability for a failure of the corporation, limited liability 61,174
company, or business trust to file returns or pay tax due. 61,175
(H) If an employer required to deduct and withhold income 61,177
tax from compensation and to pay that tax to the state under 61,178
sections 5747.06 and 5747.07 of the Revised Code sells his THE 61,179
EMPLOYER'S business or stock of merchandise or quits his THE 61,180
1380
EMPLOYER'S business, the taxes required to be deducted and 61,182
withheld and paid to the state pursuant to those sections prior 61,183
to that time, together with any interest and penalties imposed on 61,184
those taxes, become due and payable immediately, and that person 61,185
shall make a final return within fifteen days after the date of 61,186
selling or quitting business. His THE EMPLOYER'S successor shall 61,187
withhold a sufficient amount of the purchase money to cover the 61,188
amount of the taxes, interest, and penalties due and unpaid, 61,190
until the former owner produces a receipt from the tax 61,191
commissioner showing that the taxes, interest, and penalties have 61,192
been paid or a certificate indicating that no such taxes are due. 61,193
If the purchaser of the business or stock of merchandise fails to 61,194
withhold purchase money, he THE PURCHASER shall be personally 61,195
liable for the payment of the taxes, interest, and penalties 61,197
accrued and unpaid during the operation of the business by the 61,198
former owner. If the amount of taxes, interest, and penalties 61,199
outstanding at the time of the purchase exceeds the total 61,200
purchase money, the tax commissioner in his THE COMMISSIONER'S 61,201
discretion may adjust the liability of the seller or the 61,202
responsibility of the purchaser to pay that liability to maximize 61,203
the collection of withholding tax revenue. 61,204
(I)(1) An employer described in division (I)(2) of this 61,206
section shall make all payments required by this section for the 61,207
year by electronic funds transfer under section 5747.072 of the 61,208
Revised Code. 61,209
(2)(a) For 1994, an employer described in division (I)(2) 61,211
of this section is one whose actual or required payments under 61,212
this section exceeded five hundred thousand dollars during the 61,213
twelve-month period ending June 30, 1993. 61,214
(b) For 1995, an employer described in division (I)(2) of 61,216
this section is one whose actual or required payments under this 61,217
section exceeded five hundred thousand dollars during the 61,218
twelve-month period ending June 30, 1994. 61,219
(c) For 1996, an employer described in division (I)(2) of 61,221
1381
this section is one whose actual or required payments under this 61,222
section exceeded three hundred thousand dollars during the 61,223
twelve-month period ending June 30, 1995. 61,224
(d) For 1997 and thereafter, an employer described in 61,226
division (I)(2) of this section is one whose actual or required 61,227
payments under this section exceeded one hundred eighty thousand 61,228
dollars during the twelve-month period ending on the thirtieth 61,229
day of June of the preceding calendar year. 61,230
Sec. 5747.072. (A) Any employer required by section 61,239
5747.07 of the Revised Code to remit undeposited taxes by 61,240
electronic funds transfer shall do so in the manner prescribed by 61,241
rules adopted by the treasurer of state under section 113.061 of 61,242
the Revised Code and on or before the dates specified under that 61,243
division. The tax commissioner shall notify each such employer 61,244
of the employer's obligation to remit undeposited taxes by 61,245
electronic funds transfer, shall maintain an updated list of 61,246
those employers, and shall provide the list and any additions 61,247
thereto or deletions therefrom to the treasurer of state. Failure 61,249
by the tax commissioner to notify an employer subject to this 61,250
section to remit taxes by electronic funds transfer does not
relieve the employer of its obligation to remit taxes by 61,251
electronic funds transfer. 61,252
Except as otherwise provided in this paragraph, the payment 61,254
of taxes by electronic funds transfer does not affect an 61,255
employer's obligation to file the quarterly return as required 61,256
under division (E)(1) of section 5747.07 of the Revised Code or 61,257
the annual return as required under divisions (E)(2) and (F) of 61,258
that section. If the employer remits estimated tax payments in a 61,259
manner, designated by the treasurer of state, that permits the 61,260
inclusion of all information necessary for the treasurer of state 61,261
to process the tax payment, the employer need not file the return 61,262
required under division (B) of section 5747.07 of the Revised 61,263
Code. The treasurer of state, in consultation with the tax 61,264
commissioner, may adopt rules governing the format for filing the 61,265
1382
returns under section 5747.07 of the Revised Code by employers 61,266
who remit undeposited taxes by electronic funds transfer. The 61,267
rules may permit the filing of returns at less frequent intervals 61,268
than required by that division if the treasurer of state and the 61,269
tax commissioner determine that remittance by electronic funds 61,270
transfer warrants less frequent filing of returns. 61,271
An employer required by this section to remit taxes by 61,273
electronic funds transfer may apply to the treasurer of state to 61,274
be excused from that requirement. The treasurer of state may 61,275
excuse the employer from remittance by electronic funds transfer 61,276
for good cause shown for the period of time requested by the 61,277
employer or a portion of that period. The treasurer shall notify 61,278
the tax commissioner and the employer of the treasurer's decision 61,279
as soon as is practicable. 61,280
(B) If an employer required by this section to remit 61,282
undeposited taxes by electronic funds transfer remits those taxes 61,283
by some means other than electronic funds transfer as prescribed 61,284
by the rules adopted by the treasurer of state, and the treasurer 61,285
determines that such failure was not due to reasonable cause or 61,286
was due to willful neglect, the treasurer shall notify the tax 61,287
commissioner of the failure to remit by electronic funds transfer 61,288
and shall provide the commissioner with any information used in 61,289
making that determination. The tax commissioner may collect an 61,290
additional charge by assessment in the manner prescribed by 61,291
section 5747.13 of the Revised Code. The additional charge shall 61,292
equal five per cent of the amount of the undeposited taxes, but 61,293
shall not exceed five thousand dollars. Any additional charge 61,294
assessed under this section is in addition to any other penalty 61,295
or charge imposed by this chapter, and shall be considered as 61,296
revenue arising from the tax TAXES imposed by this chapter. The 61,297
tax commissioner may remit all or a portion of such a charge and 61,299
may adopt rules governing such remission. 61,300
No additional charge shall be assessed under this division 61,302
against an employer that has been notified of its obligation to 61,303
1383
remit taxes under this section and that remits its first two tax 61,304
payments after such notification by some means other than 61,305
electronic funds transfer. The additional charge may be assessed 61,306
upon the remittance of any subsequent tax payment that the 61,307
employer remits by some means other than electronic funds 61,308
transfer. 61,309
Sec. 5747.08. An annual return with respect to the tax 61,318
imposed by section 5747.02 of the Revised Code and each tax 61,319
imposed under Chapter 5748. of the Revised Code shall be made by 61,320
every taxpayer for any taxable year for which the taxpayer is 61,321
liable for the tax imposed by that section or under that chapter, 61,322
unless the total credits allowed under divisions (E), (F), and 61,323
(G) of section 5747.05 of the Revised Code for the year are equal 61,324
to or exceed the tax imposed by section 5747.02 of the Revised 61,325
Code, in which case no return shall be required unless the 61,326
taxpayer is liable for a tax imposed pursuant to Chapter 5748. of 61,327
the Revised Code. 61,328
(A) If an individual is deceased, any return or notice 61,330
required of that individual under this chapter shall be made and 61,331
filed by that decedent's executor, administrator, or other person 61,333
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice 61,335
required by this chapter, the return or notice required of that 61,336
individual shall be made and filed by the individual's duly 61,337
authorized agent, guardian, conservator, fiduciary, or other 61,338
person charged with the care of the person or property of that 61,339
individual.
(C) Returns or notices required of an estate or a trust 61,341
shall be made and filed by the fiduciary of the estate or trust. 61,342
(D)(1) The tax commissioner shall provide by rule that any 61,344
partnership or limited liability company PASS-THROUGH ENTITY 61,345
having two or more nonresident partners or members PASS-THROUGH 61,346
ENTITY INVESTORS who derive no taxable income from this state, 61,347
other than a distributive share of the partnership or limited 61,348
1384
liability company PASS-THROUGH ENTITY income, may file a single 61,349
return on behalf of those partners or members PASS-THROUGH ENTITY 61,350
INVESTORS. The single return shall set forth the name, address, 61,351
and social security number of each partner or member PASS-THROUGH 61,352
ENTITY INVESTOR of that nature and shall indicate the 61,353
distributive share of each partner's or member's PASS-THROUGH 61,354
ENTITY INVESTOR'S income taxable in this state together with the 61,355
number of exemptions to which each partner or member is entitled.
The tax shall be computed and a IN ACCORDANCE WITH SECTIONS 61,356
5747.20 TO 5747.23 OF THE REVISED CODE. SUCH NONRESIDENT 61,359
PASS-THROUGH ENTITY INVESTORS FOR WHOM THE PASS-THROUGH ENTITY 61,360
ELECTS TO FILE A SINGLE RETURN ARE NOT ENTITLED TO THE EXEMPTION 61,361
OR CREDIT PROVIDED FOR BY SECTIONS 5747.02 AND 5747.022 OF THE 61,363
REVISED CODE; SHALL CALCULATE THE TAX BEFORE BUSINESS CREDITS AT 61,365
THE HIGHEST RATE OF TAX SET FORTH IN SECTION 5747.02 OF THE 61,366
REVISED CODE FOR THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED; 61,368
AND ARE ENTITLED TO ONLY THEIR DISTRIBUTIVE SHARE OF THE BUSINESS 61,369
CREDITS AS DEFINED IN DIVISION (D)(2) OF THIS SECTION. A single 61,371
check drawn by the partnership or limited liability company 61,372
PASS-THROUGH ENTITY shall accompany the return in full payment of 61,373
the tax due. The commissioner may similarly provide for the 61,374
filing and payment of estimated taxes on behalf of those
nonresident partners or members PASS-THROUGH ENTITY INVESTORS. 61,375
(2) FOR THE PURPOSES OF THIS SECTION, "BUSINESS CREDITS" 61,378
MEANS THE CREDITS LISTED IN SECTION 5747.98 OF THE REVISED CODE 61,381
EXCLUDING THE FOLLOWING CREDITS: 61,382
(a) THE RETIREMENT CREDIT UNDER DIVISION (B) OF SECTION 61,385
5747.055 OF THE REVISED CODE; 61,387
(b) THE SENIOR CITIZEN CREDIT UNDER DIVISION (C) OF 61,390
SECTION 5747.05 OF THE REVISED CODE; 61,392
(c) THE LUMP SUM DISTRIBUTION CREDIT UNDER DIVISION (D) OF 61,395
SECTION 5747.05 OF THE REVISED CODE; 61,397
(d) THE DEPENDENT CARE CREDIT UNDER SECTION 5747.054 OF 61,400
THE REVISED CODE; 61,401
1385
(e) THE LUMP SUM RETIREMENT INCOME CREDIT UNDER DIVISION 61,404
(C) OF SECTION 5747.055 OF THE REVISED CODE; 61,406
(f) THE LUMP SUM RETIREMENT INCOME CREDIT UNDER DIVISION 61,409
(D) OF SECTION 5747.055 OF THE REVISED CODE; 61,411
(g) THE LUMP SUM RETIREMENT INCOME CREDIT UNDER DIVISION 61,414
(E) OF SECTION 5747.055 OF THE REVISED CODE; 61,416
(h) THE CREDIT FOR DISPLACED WORKERS WHO PAY FOR JOB 61,419
TRAINING UNDER SECTION 5747.27 OF THE REVISED CODE; 61,421
(i) THE TWENTY-DOLLAR PERSONAL EXEMPTION CREDIT UNDER 61,424
SECTION 5747.022 OF THE REVISED CODE; 61,426
(j) THE JOINT FILING CREDIT UNDER DIVISION (G) OF SECTION 61,429
5747.05 OF THE REVISED CODE; 61,431
(k) THE NONRESIDENT CREDIT UNDER DIVISION (A) OF SECTION 61,434
5747.05 OF THE REVISED CODE; 61,436
(l) THE CREDIT FOR A RESIDENT'S OUT-OF-STATE INCOME UNDER 61,439
DIVISION (B) OF SECTION 5747.05 OF THE REVISED CODE. 61,442
(3) THE ELECTION PROVIDED FOR UNDER DIVISION (D) OF THIS 61,445
SECTION APPLIES ONLY TO THE TAXABLE YEAR FOR WHICH THE ELECTION 61,446
IS MADE BY THE PASS-THROUGH ENTITY. UNLESS THE TAX COMMISSIONER 61,447
PROVIDES OTHERWISE, THIS ELECTION, ONCE MADE, IS BINDING AND 61,448
IRREVOCABLE FOR THE TAXABLE YEAR FOR WHICH THE ELECTION IS MADE. 61,449
NOTHING IN THIS DIVISION SHALL BE CONSTRUED TO PROVIDE FOR ANY 61,450
DEDUCTION OR CREDIT THAT WOULD NOT BE ALLOWABLE IF A NONRESIDENT 61,451
PASS-THROUGH ENTITY INVESTOR WERE TO FILE AN ANNUAL RETURN. 61,452
(4) IF A PASS-THROUGH ENTITY MAKES THE ELECTION PROVIDED 61,454
FOR UNDER DIVISION (D) OF THIS SECTION, THE PASS-THROUGH ENTITY 61,456
SHALL BE LIABLE FOR ANY ADDITIONAL TAXES, INTEREST, INTEREST 61,457
PENALTY, OR PENALTIES IMPOSED BY THIS CHAPTER IF THE TAX 61,459
COMMISSIONER DETERMINES THAT THE SINGLE RETURN DOES NOT REFLECT 61,460
THE CORRECT TAX DUE BY NONRESIDENT PASS-THROUGH ENTITY INVESTORS 61,461
COVERED BY THAT RETURN. NOTHING IN THIS DIVISION SHALL BE 61,462
CONSTRUED TO LIMIT OR ALTER THE LIABILITY, IF ANY, IMPOSED ON 61,463
PASS-THROUGH ENTITY INVESTORS FOR UNPAID OR UNDERPAID TAXES, 61,464
INTEREST, INTEREST PENALTY, OR PENALTIES AS A RESULT OF THE
1386
PASS-THROUGH ENTITY'S MAKING THE ELECTION PROVIDED FOR UNDER 61,465
DIVISION (D) OF THIS SECTION. FOR THE PURPOSES OF DIVISION (D) 61,468
OF THIS SECTION, "CORRECT TAX DUE" MEANS THE TAX THAT WOULD HAVE 61,469
BEEN PAID BY THE PASS-THROUGH ENTITY HAD THE SINGLE RETURN BEEN 61,470
FILED IN A MANNER REFLECTING AND INCLUDING THE FINDINGS AND 61,471
DETERMINATIONS MADE BY THE TAX COMMISSIONER. NOTHING IN DIVISION 61,473
(D) OF THIS SECTION SHALL BE CONSTRUED TO MAKE OR HOLD A 61,474
PASS-THROUGH ENTITY LIABLE FOR TAX ATTRIBUTABLE TO A PASS-THROUGH 61,475
ENTITY INVESTOR'S INCOME FROM A SOURCE OTHER THAN THE 61,476
PASS-THROUGH ENTITY ELECTING TO FILE THE SINGLE RETURN. 61,477
(E) If a husband and wife file a joint federal income tax 61,479
return for a taxable year, they shall file a joint return under 61,480
this section for that taxable year, and their liabilities are 61,481
joint and several, but, if the federal income tax liability of 61,482
either spouse is determined on a separate federal income tax 61,483
return, they shall file separate returns under this section. 61,484
If either spouse is not required to file a federal income 61,486
tax return and either or both are required to file a return 61,487
pursuant to this chapter, they may elect to file separate or 61,488
joint returns, and, pursuant to that election, their liabilities 61,489
are separate or joint and several. If a husband and wife file 61,490
separate returns pursuant to this chapter, each must claim his or 61,491
her THE TAXPAYER'S own exemption, but not both, as authorized 61,492
under section 5747.02 of the Revised Code on his or her THE 61,494
TAXPAYER'S own return. 61,495
(F) Each return or notice required to be filed under this 61,497
section shall contain the signature of the taxpayer or the 61,499
taxpayer's duly authorized agent and of the person who prepared 61,500
the return for the taxpayer, and shall include the taxpayer's 61,501
social security number. Each return shall be verified by a 61,502
declaration under the penalties of perjury. The tax commissioner 61,503
shall prescribe the form that the signature and declaration shall 61,504
take.
(G) Each return or notice required to be filed under this 61,506
1387
section shall be made and filed as required by section 5747.04 of 61,507
the Revised Code, on or before the fifteenth day of April of each 61,508
year, on forms that the tax commissioner shall prescribe, 61,509
together with remittance made payable to the treasurer of state 61,510
in the combined amount of the state and all school district 61,511
income taxes shown to be due on the form, unless the combined 61,512
amount shown to be due is one dollar or less, in which case that 61,513
amount need not be remitted. RETURNS FOR TAXABLE YEARS FOR WHICH 61,516
A REDUCTION IN THE TAX DUE IS MADE UNDER DIVISION (B) OF SECTION 61,517
5747.02 OF THE REVISED CODE SHALL INCLUDE THE FOLLOWING 61,519
STATEMENT: "THE TAX ON THIS LINE REFLECTS A .....% (HERE ENTER 61,520
THE PERCENTAGE REDUCTION DESCRIBED IN DIVISION (B) OF SECTION 61,521
5747.02 OF THE REVISED CODE) REDUCTION UNDER LEGISLATION ENACTED 61,523
BY THE GENERAL ASSEMBLY REQUIRING THE RETURN OF EXCESS STATE 61,526
REVENUE TO TAXPAYERS." THE STATEMENT SHALL APPEAR IN BOLDFACE 61,527
TYPE AND SHALL BE PLACED IN A PROMINENT LOCATION ON THE RETURN IN 61,528
THE VICINITY OF THE LOCATION WHERE THE AMOUNT OF TAX DUE, BEFORE 61,529
ANY CREDITS OR AMOUNTS WITHHELD, IS ENTERED. 61,530
Upon good cause shown, the commissioner may extend the 61,532
period for filing any notice or return required to be filed under 61,533
this section and may adopt rules relating to extensions. If the 61,534
extension results in an extension of time for the payment of any 61,535
state or school district income tax liability with respect to 61,536
which the return is filed, the taxpayer shall pay at the time the 61,537
tax liability is paid an amount of interest computed at the rate 61,538
per annum prescribed by section 5703.47 of the Revised Code on 61,539
that liability from the time that payment is due without 61,540
extension to the time of actual payment. In addition to all 61,541
other interest charges and penalties, all taxes imposed by this 61,542
chapter SECTION 5747.02 OF THE REVISED CODE or under Chapter 61,543
5748. of the Revised Code and remaining unpaid after they become 61,545
due, except combined amounts due of one dollar or less, bear 61,546
interest at the rate per annum prescribed by section 5703.47 of 61,547
the Revised Code UNTIL PAID OR UNTIL THE DAY AN ASSESSMENT IS 61,548
1388
ISSUED UNDER SECTION 5747.13 OF THE REVISED CODE, WHICHEVER
OCCURS FIRST. If the commissioner considers it necessary in 61,550
order to ensure the payment of the tax imposed by section 5747.02 61,551
of the Revised Code or any tax imposed under Chapter 5748. of the 61,552
Revised Code, the commissioner may require returns and payments 61,553
to be made otherwise than as provided in this section. 61,554
(H) If any report, claim, statement, or other document 61,556
required to be filed, or any payment required to be made, within 61,557
a prescribed period or on or before a prescribed date under this 61,558
chapter is delivered after that period or that date by United 61,559
States mail to the agency, officer, or office with which the 61,560
report, claim, statement, or other document is required to be 61,561
filed, or to which the payment is required to be made, the date 61,562
of the postmark stamped on the cover in which the report, claim, 61,563
statement, or other document, or payment is mailed shall be 61,564
deemed to be the date of delivery or the date of payment. 61,565
If a payment is required to be made by electronic funds 61,567
transfer pursuant to section 5747.072 of the Revised Code, the 61,568
payment is considered to be made when the payment is received by 61,569
the treasurer of state or credited to an account designated by 61,570
the treasurer of state for the receipt of tax payments. 61,571
"The date of the postmark" means, in the event there is 61,574
more than one date on the cover, the earliest date imprinted on 61,575
the cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to 61,577
section 5747.06 of the Revised Code shall be allowed to the 61,578
recipient of the compensation as credits against payment of the 61,579
appropriate taxes imposed on the recipient by section 5747.02 and 61,581
under Chapter 5748. of the Revised Code.
Sec. 5747.11. (A) The tax commissioner shall refund to 61,591
employers, QUALIFYING ENTITIES, or taxpayers, with respect to any 61,593
tax imposed under this chapter SECTION 5733.41, 5747.02, OR 61,594
5747.41, or Chapter 5748. of the Revised Code: 61,595
(A)(1) Overpayments of more than one dollar; 61,597
1389
(B)(2) Amounts in excess of one dollar paid illegally or 61,599
erroneously; 61,600
(C)(3) Amounts in excess of one dollar paid on an illegal, 61,602
erroneous, or excessive assessment. 61,603
Applications (B) EXCEPT AS OTHERWISE PROVIDED UNDER 61,606
DIVISIONS (D) AND (E) OF THIS SECTION, APPLICATIONS for refund 61,608
shall be filed with the tax commissioner, on the form prescribed 61,609
by him THE COMMISSIONER, within four years from the date of the 61,610
illegal, erroneous, or excessive payment of the tax, or within 61,612
any additional period allowed by division (B)(3)(b) or OF section 61,613
5747.05, division (B) of section 5747.10, or division (A) of 61,615
section 5747.13, OR DIVISION (C) OF SECTION 5747.45 of the 61,616
Revised Code.
On filing of the refund application, the commissioner shall 61,618
determine the amount of refund due and certify such amount to the 61,619
director of budget and management and treasurer of state for 61,620
payment from the tax refund fund created by section 5703.052 of 61,621
the Revised Code. 61,622
(C)(1) Interest shall be allowed and paid upon any illegal 61,624
or erroneous assessment in excess of one dollar in respect of the 61,625
tax imposed under this chapter SECTION 5747.02 or under Chapter 61,627
5748. of the Revised Code at the rate per annum prescribed by 61,628
section 5703.47 of the Revised Code from the date of the payment 61,629
of the illegal or erroneous assessment until the date the refund 61,630
of such amount is paid. If such refund results from the filing 61,631
of a return or report, or the payment accompanying such return or 61,632
report, by an employer or taxpayer, rather than from an 61,633
assessment by the commissioner, such interest shall run from a 61,634
period ninety days after the final filing date of the annual 61,635
return until the date the refund is paid. 61,636
(2) Interest shall be allowed and paid at the rate per 61,638
annum prescribed by section 5703.47 of the Revised Code upon any 61,639
overpayment in excess of one dollar in respect of the tax imposed 61,640
by this chapter UNDER SECTION 5747.02 or under Chapter 5748. of 61,642
1390
the Revised Code from the date of the overpayment until the date 61,643
of the refund of the overpayment, except that if any overpayment 61,644
is refunded within ninety days after the final filing date of the 61,645
annual return or ninety days after the return is filed, whichever 61,646
is later, no interest shall be allowed on such overpayment. If 61,647
the overpayment results from the carryback of a net operating 61,648
loss or net capital loss to a previous taxable year, the 61,649
overpayment is deemed not to have been made prior to the filing 61,650
date, including any extension thereof, for the taxable year in 61,651
which the net operating loss or net capital loss arises. For 61,652
purposes of the payment of interest on overpayments, no amount of 61,653
tax, for any taxable year, shall be treated as having been paid 61,654
before the date on which the tax return for that year was due 61,655
without regard to any extension of time for filing such return. 61,656
(3) INTEREST SHALL BE ALLOWED AT THE RATE PER ANNUM 61,659
PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE ON AMOUNTS 61,663
REFUNDED WITH RESPECT TO THE TAXES IMPOSED UNDER SECTIONS 5733.41 61,664
AND 5747.41 OF THE REVISED CODE. THE INTEREST SHALL RUN FROM 61,667
WHICHEVER OF THE FOLLOWING DAYS IS THE LATEST UNTIL THE DAY THE 61,668
REFUND IS PAID: THE DAY THE ILLEGAL, ERRONEOUS, OR EXCESSIVE 61,669
PAYMENT WAS MADE; THE NINETIETH DAY AFTER THE FINAL DAY THE 61,670
ANNUAL REPORT WAS REQUIRED TO BE FILED UNDER SECTION 5747.42 OF 61,671
THE REVISED CODE; OR THE NINETIETH DAY AFTER THE DAY THAT REPORT 61,674
WAS FILED.
(D) "NINETY DAYS" SHALL BE SUBSTITUTED FOR "FOUR YEARS" IN 61,677
DIVISION (B) OF THIS SECTION IF THE TAXPAYER SATISFIES BOTH OF 61,679
THE FOLLOWING CONDITIONS:
(1) THE TAXPAYER HAS APPLIED FOR A REFUND BASED IN WHOLE 61,681
OR IN PART UPON SECTION 5747.059 OF THE REVISED CODE; 61,684
(2) THE TAXPAYER ASSERTS THAT EITHER THE IMPOSITION OR 61,686
COLLECTION OF THE TAX IMPOSED OR CHARGED BY THIS CHAPTER OR ANY 61,687
PORTION OF SUCH TAX VIOLATES THE CONSTITUTION OF THE UNITED 61,690
STATES OR THE CONSTITUTION OF OHIO. 61,691
(E)(1) DIVISION (E)(2) OF THIS SECTION APPLIES ONLY IF ALL 61,695
1391
OF THE FOLLOWING CONDITIONS ARE SATISFIED:
(a) A QUALIFYING ENTITY PAYS AN AMOUNT OF THE TAX IMPOSED 61,698
BY SECTION 5733.41 OR 5747.41 OF THE REVISED CODE; 61,700
(b) THE TAXPAYER IS A QUALIFYING INVESTOR AS TO THAT 61,703
QUALIFYING ENTITY;
(c) THE TAXPAYER DID NOT CLAIM THE CREDIT PROVIDED FOR IN 61,706
SECTION 5747.059 OF THE REVISED CODE AS TO THE TAX DESCRIBED IN 61,708
DIVISION (E)(1)(a) OF THIS SECTION; 61,711
(d) THE FOUR-YEAR PERIOD DESCRIBED IN DIVISION (B) OF THIS 61,714
SECTION HAS ENDED AS TO THE TAXABLE YEAR FOR WHICH THE TAXPAYER 61,715
OTHERWISE WOULD HAVE CLAIMED THAT CREDIT. 61,716
(2) A TAXPAYER SHALL FILE AN APPLICATION FOR REFUND 61,718
PURSUANT TO DIVISION (E) OF THIS SECTION WITHIN ONE YEAR AFTER 61,720
THE DATE THE PAYMENT DESCRIBED IN DIVISION (E)(1)(a) OF THIS 61,723
SECTION IS MADE. AN APPLICATION FILED UNDER DIVISION (E)(2) OF 61,724
THIS SECTION SHALL CLAIM REFUND ONLY OF OVERPAYMENTS RESULTING 61,725
FROM THE TAXPAYER'S FAILURE TO CLAIM THE CREDIT DESCRIBED IN 61,726
DIVISION (E)(1)(c) OF THIS SECTION. NOTHING IN DIVISION (E) OF 61,729
THIS SECTION SHALL BE CONSTRUED TO RELIEVE A TAXPAYER FROM 61,730
COMPLYING WITH DIVISION (A)(16) OF SECTION 5747.01 OF THE REVISED 61,732
CODE. 61,733
Sec. 5747.12. Any refund, including interest thereon, that 61,742
IF a person is entitled to A REFUND under section 5747.11 or 61,743
5747.13 of the Revised Code shall be reduced by the amount of IS 61,744
INDEBTED TO THIS STATE FOR any tax indebtedness due the OR FEE 61,745
ADMINISTERED BY THE TAX COMMISSIONER THAT IS PAID TO THE state 61,746
from OR TO THE CLERK OF COURTS PURSUANT TO SECTION 4505.06 OF THE 61,747
REVISED CODE, OR ANY CHARGE, PENALTY, OR INTEREST ARISING FROM 61,748
SUCH A TAX OR FEE, the person. The amount of such reduction shall 61,750
REFUNDABLE MAY be applied in satisfaction of such indebtedness 61,751
THE DEBT. If the amount refundable is less than the amount of 61,752
such indebtedness THE DEBT, it shall MAY be applied in partial 61,753
satisfaction of such indebtedness THE DEBT. IF THE AMOUNT 61,754
REFUNDABLE IS GREATER THAN THE AMOUNT OF THE DEBT, THE AMOUNT 61,755
1392
REMAINING AFTER SATISFACTION OF THE DEBT SHALL BE REFUNDED. IF 61,756
THE PERSON HAS MORE THAN ONE SUCH DEBT, ANY DEBT SUBJECT TO
SECTION 5739.33 OR DIVISION (G) OF SECTION 5747.07 OF THE REVISED 61,757
CODE SHALL BE SATISFIED FIRST. THIS SECTION APPLIES ONLY TO 61,758
DEBTS THAT HAVE BECOME FINAL.
The tax commissioner may, with the consent of the taxpayer, 61,760
provide for the crediting, against tax imposed under this chapter 61,761
or Chapter 5748. of the Revised Code and due for any taxable 61,762
year, of the amount of any refund due the taxpayer under this 61,763
chapter or Chapter 5748. of the Revised Code, as appropriate, for 61,764
a preceding taxable year. 61,765
As used in this section, "tax indebtedness due the state" 61,767
or "such indebtedness" means the unpaid portion of an assessment 61,768
for any tax, penalty, or interest payable to the general revenue 61,769
fund or imposed under this chapter, to the extent such assessment 61,770
has become conclusive and has been or otherwise would be brought 61,771
to judgment, together with any additional penalties or interest 61,772
accrued. 61,773
Sec. 5747.13. (A) If any employer collects the tax 61,783
imposed by section 5747.02 or under Chapter 5748. of the Revised 61,784
Code and fails to remit the tax as required by law, or fails to 61,785
collect the tax, he THE EMPLOYER is personally liable for any 61,786
amount collected which he THE EMPLOYER fails to remit, or any 61,787
amount which he THE EMPLOYER fails to collect. If any taxpayer 61,788
fails to file a return or fails to pay the tax imposed by section 61,790
5747.02 or under Chapter 5748. of the Revised Code, he THE 61,791
TAXPAYER is personally liable for the amount of the tax. 61,792
If any employer or, taxpayer, OR QUALIFYING ENTITY required 61,795
to file a return under this chapter fails to file the return 61,796
within the time prescribed, files an incorrect return, fails to 61,797
remit the full amount of the taxes due for the period covered by 61,798
the return, or fails to remit any additional tax due as a result 61,799
of a reduction in the amount of the credit allowed under division 61,800
(B) of section 5747.05 of the Revised Code together with interest 61,801
1393
on the additional tax within the time prescribed by that 61,802
division, the tax commissioner may make an assessment against any 61,803
person liable for any deficiency for the period for which the 61,804
return is or taxes are due, based upon any information in the 61,805
commissioner's possession.
An assessment issued against either the employer or the 61,807
taxpayer pursuant to this section shall not be considered an 61,808
election of remedies or a bar to an assessment against the other 61,809
for failure to report or pay the same tax. No assessment shall 61,810
be issued against any person if the tax actually has been paid by 61,811
another. 61,812
No assessment shall be made or issued against an employer 61,814
or, taxpayer, OR QUALIFYING ENTITY more than four years after the 61,816
final date the return subject to assessment was required to be 61,817
filed or the date the return was filed, whichever is later. 61,818
However, the commissioner may assess any balance due as the 61,819
result of a reduction in the credit allowed under division (B) of 61,820
section 5747.05 of the Revised Code, including applicable penalty 61,821
and interest, within four years of the date on which the taxpayer 61,822
reports a change in either the portion of the taxpayer's adjusted 61,823
gross income subjected to an income tax or tax measured by income 61,824
in another state or the District of Columbia or the amount of 61,825
liability for an income tax or tax measured by income to another 61,826
state or the District of Columbia, as required by division (B)(3) 61,827
of section 5747.05 of the Revised Code. Such time limits may be 61,828
extended if both the employer or, taxpayer, OR QUALIFYING ENTITY 61,830
and the commissioner consent in writing to the extension. Any 61,831
such extension shall extend the four-year time limit in DIVISION 61,832
(B) OF section 5747.11 OF THE REVISED CODE for the same period of 61,833
time. There shall be no bar or limit to an assessment against an 61,834
employer for taxes withheld from employees and not remitted to 61,835
the state, against an employer or, taxpayer who, OR QUALIFYING 61,837
ENTITY THAT fails to file a return subject to assessment as 61,838
required by this chapter, or against an employer or, taxpayer 61,839
1394
who, OR QUALIFYING ENTITY THAT files a fraudulent return. 61,840
The commissioner shall give the party assessed written 61,842
notice of the assessment by personal service or certified mail. 61,843
Any portion of the assessment not paid within thirty days after 61,844
service of the notice of assessment shall, in lieu of bearing 61,845
subsequent interest as provided in division (G) of section 61,846
5747.08 of the Revised Code, bear interest at the rate per annum 61,847
prescribed by section 5703.47 of the Revised Code from the 61,848
thirty-first day after service of the notice of assessment until 61,849
the date the portion is paid. 61,850
(B) Unless the party to whom the notice of assessment is 61,852
directed files with the commissioner within thirty days after 61,853
service of the notice of assessment, either personally or by 61,854
certified mail, a petition for reassessment in writing, signed by 61,855
the party assessed, or by his THE PARTY'S authorized agent having 61,857
knowledge of the facts and makes payment of the portion of the 61,858
assessment required by division (E) of this section, the 61,859
assessment shall become conclusive FINAL, and the amount of the 61,860
assessment shall be due and payable from the party assessed to 61,862
the commissioner with remittance made payable to the treasurer of 61,863
state. The petition shall indicate the objections of the party 61,864
assessed, but additional objections may be raised in writing if 61,865
received prior to the date shown on the final determination by 61,866
the commissioner.
Unless the petitioner waives a hearing, the commissioner 61,868
shall assign a time and place for the hearing on the petition and 61,869
notify the petitioner of the time and place of the hearing by 61,870
personal service or certified mail, but the commissioner may 61,871
continue the hearing from time to time if necessary. 61,872
The commissioner may make such correction to his AN 61,874
assessment as he THE COMMISSIONER finds proper. The commissioner 61,875
shall serve a copy of his A final determination on the petitioner 61,876
by personal service or certified mail, and his THE COMMISSIONER'S 61,878
decision in the matter shall be final, subject to appeal as 61,879
1395
provided in section 5717.02 of the Revised Code. Only objections 61,880
decided on the merits by the board of tax appeals or a court 61,881
shall be given collateral estoppel or res judicata effect in 61,882
considering an application for refund of amounts paid pursuant to 61,883
the assessment.
(C) After an assessment becomes final, if any portion of 61,885
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 61,886
certified copy of the commissioner's entry making the assessment 61,888
final may be filed in the office of the clerk of the court of 61,889
common pleas in the county in which the employer's or, 61,890
taxpayer's, OR QUALIFYING ENTITY'S place of business is located 61,892
or the county in which the party assessed resides. If the party 61,893
assessed is not a resident of this state, the certified copy of 61,894
the entry may be filed in the office of the clerk of the court of 61,895
common pleas of Franklin county.
Immediately upon the filing of the entry, the clerk shall 61,897
enter a judgment against the party assessed in the amount shown 61,898
on the entry. The judgment shall be filed by the clerk in a ONE 61,899
OF TWO loose-leaf book BOOKS, ONE entitled "special judgments for 61,901
state and school district income taxes," AND THE OTHER ENTITLED 61,903
"SPECIAL JUDGMENTS FOR QUALIFYING ENTITY TAXES." THE JUDGMENT 61,904
SHALL HAVE THE SAME EFFECT AS OTHER JUDGMENTS. EXECUTION SHALL 61,906
ISSUE UPON THE JUDGMENT UPON THE REQUEST OF THE TAX COMMISSIONER, 61,907
AND ALL LAWS APPLICABLE TO SALES ON EXECUTION SHALL APPLY TO 61,908
SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 61,910
office, the unpaid THE portion of the assessment NOT PAID WITHIN 61,912
THIRTY DAYS AFTER THE ASSESSMENT WAS ISSUED shall bear interest 61,913
at the rate per annum prescribed by section 5703.47 of the 61,914
Revised Code and shall have the same effect as other judgments. 61,915
Execution shall be issued upon the judgment upon request of the 61,916
commissioner, and all laws applicable to sales on execution shall 61,917
be applicable to sales made under the judgment FROM THE DAY THE 61,918
TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL IT IS PAID. 61,919
1396
INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX AND MAY BE 61,920
COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS SECTION. 61,921
(D) All money collected under this section shall be 61,923
considered as revenue arising from the taxes imposed by this 61,924
chapter or under Chapter 5733. OR 5748. of the Revised Code, as 61,926
appropriate. 61,927
(E) The portion of an assessment which must be paid upon 61,929
the filing of a petition for reassessment shall be as follows: 61,930
(1) If the sole item objected to is the assessed penalty 61,932
or interest, full payment of the assessment including penalty and 61,933
interest is required; 61,934
(2) If the taxpayer OR QUALIFYING ENTITY THAT IS assessed 61,936
failed to file, prior to the date of issuance of the assessment, 61,938
the annual return OR REPORT required by section 5747.08 OR 61,940
5747.42 of the Revised Code, any amended return OR AMENDED REPORT 61,941
required by section 5747.10 OR 5747.45 of the Revised Code for 61,942
the taxable year at issue, or any report required by division (B) 61,944
of section 5747.05 of the Revised Code to indicate a reduction in 61,945
the amount of the credit provided under that division, full 61,946
payment of the assessment including penalty and interest is 61,947
required, EXCEPT AS OTHERWISE PROVIDED UNDER DIVISION (E)(6) OR 61,948
(7) OF THIS SECTION;
(3) If the employer assessed had not filed, prior to the 61,950
date of issuance of the assessment, the annual return required by 61,951
division (E)(2) of section 5747.07 of the Revised Code covering 61,952
the period at issue, full payment of the assessment including 61,953
penalty and interest is required; 61,954
(4) If the taxpayer OR QUALIFYING ENTITY THAT IS assessed 61,956
filed, prior to the date of issuance of the assessment, the 61,958
annual return OR REPORT required by section 5747.08 OR 5747.42 of 61,960
the Revised Code, all amended returns OR REPORTS required by 61,961
section 5747.10 OR 5747.45 of the Revised Code for the taxable 61,962
year at issue, and all reports required by division (B) of 61,964
section 5747.05 of the Revised Code to indicate a reduction in 61,965
1397
the amount of the credit provided under that division, and a 61,966
balance of the taxes shown due on the returns or reports as 61,967
computed on the returns or reports remains unpaid, payment of 61,968
only that portion of the assessment representing the unpaid 61,969
balance is required;
(5) If the employer assessed filed, prior to the date of 61,971
issuance of the assessment, the annual return required by 61,972
division (E)(2) of section 5747.07 of the Revised Code covering 61,973
the period at issue, and a balance of the taxes shown due on the 61,974
return as computed on the return remains unpaid, payment of only 61,975
that portion of the assessment representing the unpaid balance is 61,976
required; 61,977
(6) IN THE CASE OF A PARTY ASSESSED AS A QUALIFYING ENTITY 61,979
SUBJECT TO THE TAX LEVIED UNDER SECTION 5733.41 OR 5747.41 OF THE 61,981
REVISED CODE, IF THE PARTY DOES NOT DISPUTE THAT IT IS A 61,984
QUALIFYING ENTITY SUBJECT TO THAT TAX BUT CLAIMS THE PROTECTIONS 61,985
OF SECTION 101 OF PUBLIC LAW 86-272, 73 STAT. 555, 15 U.S.C.A. 61,991
381, AS AMENDED, NO PAYMENT IS REQUIRED; 61,992
(7) IN THE CASE OF A PARTY ASSESSED AS A QUALIFYING ENTITY 61,995
SUBJECT TO THE TAX LEVIED UNDER SECTION 5733.41 OR 5747.41 OF THE 61,996
REVISED CODE, IF THE PARTY DOES DISPUTE THAT IT IS A QUALIFYING 61,999
ENTITY SUBJECT TO THAT TAX, NO PAYMENT IS REQUIRED; 62,000
(8) If none of the conditions specified in divisions 62,002
(E)(1) to (5)(7) of this section apply, no payment is required. 62,004
(F) Notwithstanding the fact that a petition for 62,006
reassessment is pending, the petitioner may pay all or a portion 62,007
of the assessment that is the subject of the petition. The 62,008
acceptance of a payment by the treasurer of state does not 62,009
prejudice any claim for refund upon final determination of the 62,010
petition. 62,011
If upon final determination of the petition an error in the 62,013
assessment is corrected by the commissioner, upon petition so 62,014
filed or pursuant to a decision of the board of tax appeals or 62,015
any court to which the determination or decision has been 62,016
1398
appealed, so that the amount due from the party assessed under 62,017
the corrected assessment is less than the portion paid, there 62,018
shall be issued to the petitioner, his OR TO THE PETITIONER'S 62,019
assigns, or legal representative a refund in the amount of the 62,021
overpayment as provided by section 5747.11 of the Revised Code, 62,022
with interest on that amount as provided by such section, subject 62,023
to section 5747.12 of the Revised Code. 62,024
Sec. 5747.14. If the tax commissioner finds that an 62,033
employer, QUALIFYING ENTITY, or taxpayer liable for any tax 62,035
imposed under SECTION 5733.41, this chapter, or Chapter 5748. of 62,036
the Revised Code is about to depart from the state, to remove his 62,037
THE EMPLOYER'S, QUALIFYING ENTITY'S, OR TAXPAYER'S property 62,039
therefrom, to conceal himself THE EMPLOYER'S, QUALIFYING
ENTITY'S, OR TAXPAYER'S SELF or his THE EMPLOYER'S, QUALIFYING 62,041
ENTITY'S, OR TAXPAYER'S property, or to do any other act tending 62,043
to prejudice or render wholly or party PARTLY ineffectual 62,044
proceedings to collect such tax, unless such proceedings are
brought without delay, or if the commissioner believes that the 62,045
collection of the amount due from any employer, QUALIFYING 62,047
ENTITY, or taxpayer will be jeopardized by delay, he THE 62,048
COMMISSIONER shall give notice of such findings to such employer, 62,050
QUALIFYING ENTITY, or taxpayer together with the demand for an 62,051
immediate return and immediate payment of such tax, with an 62,052
assessment and penalty, if applicable as provided in section 62,053
5747.13 of the Revised Code, whereupon such tax shall become 62,054
immediately due and payable. In such cases the commissioner may 62,055
immediately file his THE COMMISSIONER'S entry with the clerk of 62,056
the court of common pleas in the same manner and with the same 62,058
effect as provided in section 5747.13 of the Revised Code, 62,059
provided that if such employer, QUALIFYING ENTITY, or taxpayer, 62,060
within five days from notice of the assessment, furnishes 62,062
evidence satisfactory to the commissioner, under the rules 62,063
prescribed by the commissioner, that he THE EMPLOYER, QUALIFYING 62,064
ENTITY, OR TAXPAYER is not in default in making returns or paying 62,065
1399
or collecting any tax prescribed by this chapter or that he THE 62,066
EMPLOYER, QUALIFYING ENTITY, OR TAXPAYER will duly return and 62,068
pay, or post bond satisfactory to the commissioner conditioned 62,069
upon payment of the tax finally determined to be due, such tax 62,070
shall not be payable prior to the time and manner otherwise fixed 62,071
for payment under section 5747.13 of the Revised Code, and the 62,072
person assessed shall be restored to the rights granted him THE 62,073
PERSON under such section. Upon satisfaction of the assessment 62,074
the commissioner shall order the bond canceled, securities 62,075
released, and judgment vacated.
Sec. 5747.15. (A) In addition to any other penalty 62,084
imposed by this chapter or Chapter 5703. of the Revised Code, the 62,085
following penalties shall apply: 62,086
(1) If a taxpayer, QUALIFYING ENTITY, or employer required 62,089
to file any REPORT OR return, including an informational notice, 62,090
REPORT, or return, under this chapter fails to make and file the 62,092
REPORT OR return within the time prescribed, including any 62,093
extensions of time granted by the tax commissioner, a penalty 62,094
shall be imposed equal to the greater of fifty dollars per month 62,095
or fraction of a month, not to exceed five hundred dollars, or 62,096
five per cent per month or fraction of a month, not to exceed 62,097
fifty per cent, of the sum of the taxes required to be shown on 62,098
the REPORT OR return, for each month or fraction of a month
elapsing between the due date, including extensions of the due 62,099
date, and the date on which filed. 62,100
(2) If a taxpayer fails to pay any amount of tax required 62,102
to be paid under this chapter SECTION 5733.41 OR 5747.41 or 62,104
Chapter 5748. of the Revised Code, except estimated tax under 62,105
section 5747.09 OR 5747.43 of the Revised Code, by the dates 62,106
prescribed for payment, a penalty shall be imposed equal to twice 62,107
the APPLICABLE interest charged under division (G) of section 62,109
5747.08 of the Revised Code for the delinquent payment.
(3)(a) If an employer fails to pay any amount of tax 62,111
IMPOSED BY SECTION 5747.02 OF THE REVISED CODE AND required to be 62,112
1400
paid under this chapter by the dates prescribed for payment, a 62,114
penalty shall be imposed equal to the sum of ten per cent of the 62,115
delinquent payment plus twice the interest charged under division 62,116
(F)(5) of section 5747.07 of the Revised Code for the delinquent 62,117
payment.
(b) IF A QUALIFYING ENTITY FAILS TO PAY ANY AMOUNT OF TAX 62,119
IMPOSED BY SECTION 5733.41 OR 5747.41 OF THE REVISED CODE AND 62,121
REQUIRED TO BE PAID UNDER THIS CHAPTER BY THE DATES PRESCRIBED 62,122
FOR PAYMENT, A PENALTY SHALL BE IMPOSED EQUAL TO THE SUM OF TEN 62,123
PER CENT OF THE DELINQUENT PAYMENT PLUS TWICE THE APPLICABLE 62,124
INTEREST CHARGED UNDER DIVISION (G) OF SECTION 5747.08 OF THE 62,125
REVISED CODE FOR THE DELINQUENT PAYMENT. 62,126
(4)(a) If an employer withholds taxes from employees THE 62,128
TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE and fails to 62,129
remit the tax withheld to the state as required by this chapter 62,131
on or before the dates prescribed for payment, a penalty shall be 62,132
imposed equal to fifty per cent of the delinquent payment. 62,133
(b) IF A QUALIFYING ENTITY WITHHOLDS ANY AMOUNT OF TAX 62,135
IMPOSED UNDER SECTION 5747.41 OF THE REVISED CODE FROM AN 62,137
INDIVIDUAL'S QUALIFYING AMOUNT AND FAILS TO REMIT THAT AMOUNT TO 62,138
THE STATE AS REQUIRED BY SECTIONS 5747.42 TO 5747.453 OF THE 62,139
REVISED CODE ON OR BEFORE THE DATES PRESCRIBED FOR PAYMENT, A 62,140
PENALTY SHALL BE IMPOSED EQUAL TO FIFTY PER CENT OF THE 62,141
DELINQUENT PAYMENT. 62,142
(5) If a taxpayer, QUALIFYING ENTITY, or employer files 62,144
what purports to be a return required by this chapter that does 62,146
not contain information upon which the substantial correctness of 62,147
the return may be judged or contains information that on its face 62,148
indicates that the return is substantially incorrect, and the 62,149
filing of the return in that manner is due to a position that is 62,150
frivolous or a desire that is apparent from the return to delay 62,151
or impede the administration of the tax levied by this chapter 62,152
SECTION 5733.41, 5747.02, OR 5747.41, or Chapter 5748. of the 62,154
Revised Code, a penalty of five hundred dollars shall be imposed. 62,155
1401
(6) If a taxpayer OR QUALIFYING ENTITY makes a fraudulent 62,157
attempt to evade the reporting or payment of the tax required to 62,159
be shown on any return required under this chapter, a penalty 62,160
shall be imposed equal to the greater of one thousand dollars or 62,161
one hundred per cent of the tax required to be shown on the 62,162
return.
(7) If any person makes a false or fraudulent claim for a 62,164
refund under this chapter, a penalty shall be imposed equal to 62,165
the greater of one thousand dollars or one hundred per cent of 62,166
the claim. The penalty imposed under division (A)(7) of this 62,167
section, any refund issued on the claim, and interest on any 62,168
refund from the date of the refund, may be assessed under section 62,169
5747.13 of the Revised Code as tax, penalty, or interest imposed 62,170
under this chapter SECTION 5733.41, 5747.02, OR 5747.41 OF THE 62,171
REVISED CODE, without regard to whether the person making the 62,173
claim is otherwise subject to the provisions of this chapter OR 62,174
CHAPTER 5733. OF THE REVISED CODE, and without regard to any time 62,175
limitation for the assessment imposed by division (A) of section 62,176
5747.13 of the Revised Code.
(B) For purposes of this section, the taxes required to be 62,178
shown on the return shall be reduced by the amount of any part of 62,179
the taxes paid on or before the date, including any extensions of 62,180
the date, prescribed for filing the return. 62,181
(C) Any penalty imposed under this section shall be in 62,183
addition to all other penalties imposed under this section. All 62,184
or part of any penalty imposed under this section may be abated 62,185
by the commissioner. All or part of any penalty imposed under 62,186
this section may be abated by the commissioner if the taxpayer, 62,187
QUALIFYING ENTITY, OR EMPLOYER shows that the failure to comply 62,188
with the provisions of this chapter is due to reasonable cause 62,190
and not willful neglect.
Sec. 5747.18. The tax commissioner shall enforce and 62,199
administer this chapter. In addition to any other powers 62,200
conferred upon the commissioner by law, the commissioner may: 62,201
1402
(A) Prescribe all forms required to be filed pursuant to 62,203
this chapter; 62,204
(B) Adopt such rules as the commissioner finds necessary 62,206
to carry out this chapter; 62,207
(C) Appoint and employ such personnel as are necessary to 62,209
carry out the duties imposed upon the commissioner by this 62,210
chapter.
Any information gained as the result of returns, 62,212
investigations, hearings, or verifications required or authorized 62,213
by this chapter is confidential, and no person shall disclose 62,214
such information, except for official purposes, or as provided by 62,215
section 4507.023 or 5101.182, division (G)(2) of section 5101.31 62,217
or division (B) of section 5703.21 of the Revised Code, or in 62,218
accordance with a proper judicial order. The tax commissioner 62,219
may furnish the internal revenue service with copies of returns 62,220
OR REPORTS filed and may furnish the officer of a municipal 62,222
corporation charged with the duty of enforcing a tax subject to 62,223
Chapter 718. of the Revised Code with the names, addresses, and 62,224
identification numbers of taxpayers who may be subject to such 62,225
tax. A municipal corporation shall use this information for tax 62,226
collection purposes only. This section does not prohibit the 62,227
publication of statistics in a form which does not disclose 62,228
information with respect to individual taxpayers. 62,229
Sec. 5747.20. All THIS SECTION APPLIES SOLELY FOR THE 62,239
PURPOSES OF COMPUTING THE CREDIT ALLOWED UNDER DIVISION (A) OF 62,242
SECTION 5747.05 OF THE REVISED CODE AND COMPUTING INCOME TAXABLE 62,244
IN THIS STATE UNDER DIVISION (D) OF SECTION 5747.08 OF THE 62,246
REVISED CODE.
ALL items of nonbusiness income or deduction shall be 62,249
allocated in this state as follows:
(A) All items of nonbusiness income or deduction taken 62,251
into account in the computation of adjusted gross income for the 62,252
taxable year by a resident shall be allocated to this state. 62,253
(B) All items of nonbusiness income or deduction taken 62,255
1403
into account in the computation of adjusted gross income for the 62,256
taxable year by a nonresident shall be allocated to this state as 62,257
follows: 62,258
(1) All items of compensation paid to an individual for 62,260
personal services performed in this state who was a nonresident 62,261
at the time of payment and all items of deduction directly 62,262
allocated thereto shall be allocated to this state; 62,263
(2) All gains or losses from the sale of real property, 62,265
tangible personal property, or intangible property shall be 62,266
allocated as follows: 62,267
(a) Capital gains or losses from the sale or other 62,269
transfer of real property are allocable to this state if the 62,270
property is located physically in this state. 62,271
(b) Capital gains or losses from the sale or other 62,273
transfer of tangible personal property are allocable to this 62,274
state if, at the time of such sale or other transfer, the 62,275
property had its physical location in this state. 62,276
(c) Capital gains or losses from the sale or other 62,278
transfer of intangible personal property are allocable to this 62,279
state if the taxpayer had his TAXPAYER'S domicile WAS in this 62,281
state at the time of such sale or other transfer.
(3) All rents and royalties of real or tangible personal 62,283
property shall be allocated to this state as follows: 62,284
(a) Rents and royalties derived from real property are 62,286
allocable to this state if the property is physically located in 62,287
this state. 62,288
(b) Rents and royalties derived from tangible personal 62,290
property are allocable to this state to the extent that such 62,291
property is utilized in this state. 62,292
The extent of utilization of tangible personal property in 62,294
a state is determined by multiplying the rents or royalties 62,295
derived from such property by a fraction, the numerator of which 62,296
is the number of days of physical location of the property in 62,297
this state during the rental or royalty period in the taxable 62,298
1404
year and the denominator of which is the number of days of 62,299
physical location of the property everywhere during all rental or 62,300
royalty periods in the taxable year. If the physical location of 62,301
the property during the rental or royalty period is unknown or 62,302
unascertainable by the nonresident, tangible personal property is 62,303
utilized in the state in which the property was located at the 62,304
time the rental or royalty payor obtained possession. 62,305
(4) All patent and copyright royalties shall be allocated 62,307
to this state to the extent the patent or copyright was utilized 62,308
by the payor in this state. 62,309
A patent is utilized in a state to the extent that it is 62,311
employed in production, fabrication, manufacturing, or other 62,312
processing in the state, or to the extent that a patented product 62,313
is produced in the state. If the basis of receipts from patent 62,314
royalties does not permit allocation to states or if the 62,315
accounting procedures do not reflect states of utilization, the 62,316
patent is utilized in this state if the taxpayer has his 62,317
TAXPAYER'S domicile WAS in this state at the time such royalties 62,318
were paid or accrued. 62,319
A copyright is utilized in a state to the extent that 62,321
printing or other publication originates in the state. If the 62,322
basis of receipts from copyright royalties does not permit 62,323
allocation to states or if the accounting procedures do not 62,324
reflect states of utilization, the copyright is utilized in this 62,325
state if the taxpayer has his TAXPAYER'S domicile WAS in this 62,327
state at the time such royalties were paid or accrued. 62,328
(5) All lottery prize awards paid by the state lottery 62,330
commission pursuant to Chapter 3770. of the Revised Code shall be 62,331
allocated to this state. 62,332
(6) Any item of income or deduction which has been taken 62,334
into account in the computation of adjusted gross income for the 62,335
taxable year by a nonresident and which is not otherwise 62,336
specifically allocated or apportioned pursuant to sections 62,337
5747.20 to 5747.23 of the Revised Code, including without 62,338
1405
limitation, interest, dividends and distributions, items of 62,339
income taken into account under the provisions of sections 401 to 62,340
425 of the Internal Revenue Code, and benefit payments received 62,341
by a beneficiary of a supplemental unemployment trust which is 62,342
referred to in section 501(C)(17) of the Internal Revenue Code, 62,343
shall not be allocated to this state unless the taxpayer had his 62,344
TAXPAYER'S domicile WAS in this state at the time such income was 62,346
paid or accrued.
(C) If an individual is a resident for part of the taxable 62,348
year and a nonresident for the remainder of the taxable year, all 62,349
items of nonbusiness income or deduction shall be allocated under 62,350
division (A) of this section for the part of the taxable year 62,351
that the individual is a resident and under division (B) of this 62,352
section for the part of the taxable year that the individual is a 62,353
nonresident. 62,354
Sec. 5747.21. All THIS SECTION APPLIES SOLELY FOR THE 62,363
PURPOSES OF COMPUTING THE CREDIT ALLOWED UNDER DIVISION (A) OF 62,366
SECTION 5747.05 OF THE REVISED CODE, COMPUTING INCOME TAXABLE IN 62,368
THIS STATE UNDER DIVISION (D) OF SECTION 5747.08 OF THE REVISED 62,370
CODE, AND COMPUTING THE CREDIT ALLOWED UNDER SECTION 5747.057 OF 62,371
THE REVISED CODE. ALL items of business income and business 62,372
deduction shall be allocated APPORTIONED to this state by 62,373
multiplying the adjusted gross income by a fraction, the 62,375
numerator of which is the sum of the property factor, the payroll 62,376
factor, and the sales factor and the denominator of which is 62,377
three, provided that the denominator of three shall be reduced by 62,378
the number of fractions which has a denominator of zero. 62,379
(A) The property factor is a fraction, the numerator of 62,381
which is the average value of the business entity's real and 62,382
tangible personal property owned or rented and used in the trade 62,383
or business in this state during the taxable year and the 62,384
denominator of which is the average value of all the business 62,385
entity's real and tangible personal property owned or rented and 62,386
used in the trade or business during the taxable year. Property 62,387
1406
owned by the business entity is valued at its original cost. 62,388
Property rented by the business entity is valued at eight times 62,389
the net annual rental rate. Net annual rental rate is the annual 62,390
rental rate paid by the business entity, less any annual rate 62,391
received by the business entity from sub-rentals. 62,392
The average value of property shall be determined by 62,394
averaging the values at the beginning and ending of the taxable 62,395
year, but the commissioner may require the averaging of monthly 62,396
values during the taxable year if reasonably required to reflect 62,397
properly the average value of the business entity's property. 62,398
(B) The payroll factor is a fraction, the numerator of 62,400
which is the total amount paid by the business entity in this 62,401
state during the taxable year for compensation, and the 62,402
denominator of which is the total compensation paid everywhere 62,403
during the taxable year. 62,404
Compensation is paid in this state if either: 62,406
(1) The individual's service is performed entirely within 62,408
this state; 62,409
(2) The individual's service is performed both within and 62,411
without this state, but the service performed without this state 62,412
is incidental to the individual's service performed within this 62,413
state; 62,414
(3) Some of the service is performed within this state and 62,416
either the base of operations, or if there is no base of 62,417
operations, the place from which the service is directed or 62,418
controlled is within this state, or the base of operations or the 62,419
place from which the service is directed or controlled is not in 62,420
any state in which some part of the service is performed, but the 62,421
individual's residence is in this state. 62,422
(C) The sales factor is a fraction, the numerator of which 62,424
is the total sales of the business entity in this state during 62,425
the taxable year, and the denominator of which is the total sales 62,426
of the business entity everywhere during the taxable year. 62,427
(1) Sales of tangible personal property are in this state 62,429
1407
where such property is received in this state by the purchaser. 62,430
In the case of delivery of tangible personal property by common 62,431
carrier or other means of transportation, the place at which such 62,432
property is ultimately received after all transportation has been 62,433
completed shall be considered as the place at which such property 62,434
is received by the purchaser. Direct delivery in this state, 62,435
other than for purposes of transportation, to a person or firm 62,436
designated by a purchaser constitutes delivery to the purchaser 62,437
in this state and direct delivery outside this state to a person 62,438
or firm designated by a purchaser does not constitute delivery to 62,439
the purchaser in this state, regardless of where title passes or 62,440
other conditions of sale. 62,441
(2) Business entities whose business does not consist of 62,443
the making of sales of tangible personal property and to which 62,444
the sales numerator and denominator cannot apply, but which 62,445
business consists of such activities as receiving commissions, 62,446
rents, interest, dividends or distributions, and fees, the 62,447
fraction shall be determined by allocating such business 62,448
activities in and out of this state according to their situs. 62,449
(D) If the allocation AND APPORTIONMENT provisions of 62,451
sections 5747.20 to 5747.23 of the Revised Code OR OF ANY RULE 62,452
ADOPTED BY THE TAX COMMISSIONER, do not fairly represent the 62,453
extent of business activity in this state of a taxpayer, 62,454
partnership, or trust OR PASS-THROUGH ENTITY, the taxpayer OR 62,455
PASS-THROUGH ENTITY may request, which request must be in writing 62,456
accompanying the return at the time of filing OR AMENDED RETURN, 62,457
or the tax commissioner may require, in respect of all or any 62,459
part of the business activity, if reasonable, any one or more of 62,460
the following: 62,461
(1) Separate accounting; 62,463
(2) The exclusion of one or more factors; 62,465
(3) The inclusion of one or more additional factors which 62,467
will fairly represent the business activity in this state; 62,468
(4) The employment of any other method to effectuate an 62,470
1408
equitable allocation of such business in this state. An 62,471
alternative method will be effective only with approval of the 62,472
tax commissioner. 62,473
THE TAX COMMISSIONER MAY ADOPT RULES IN THE MANNER PROVIDED 62,476
BY SECTIONS 5703.14 AND 5747.18 OF THE REVISED CODE PROVIDING FOR 62,478
ALTERNATIVE METHODS OF CALCULATING BUSINESS INCOME AND 62,479
NONBUSINESS INCOME APPLICABLE TO ALL TAXPAYERS AND PASS-THROUGH 62,480
ENTITIES, TO CLASSES OF TAXPAYERS AND PASS-THROUGH ENTITIES, OR 62,481
ONLY TO TAXPAYERS AND PASS-THROUGH ENTITIES WITHIN A CERTAIN 62,482
INDUSTRY. 62,483
Sec. 5747.22. (A) With THIS SECTION APPLIES SOLELY FOR 62,492
THE PURPOSES OF COMPUTING THE CREDIT ALLOWED UNDER DIVISION (A) 62,495
OF SECTION 5747.05 OF THE REVISED CODE AND COMPUTING INCOME 62,496
TAXABLE IN THIS STATE UNDER DIVISION (D) OF SECTION 5747.08 OF 62,498
THE REVISED CODE. 62,499
(B) WITH respect to a partnership or limited liability 62,501
company PASS-THROUGH ENTITY, one or more of the partners or 62,503
members PASS-THROUGH ENTITY INVESTORS of which are liable for the 62,504
tax imposed by section 5747.02 of the Revised Code, the business 62,505
income and deductions included in the adjusted gross income of 62,506
the partnership or limited liability company PASS-THROUGH ENTITY 62,507
shall be allocated APPORTIONED to this state in the hands of the 62,508
partnership or limited liability company PASS-THROUGH ENTITY 62,509
INVESTORS pursuant to section 5747.21 of the Revised Code. The 62,510
business income and deductions as thus allocated APPORTIONED to 62,511
this state then shall be allocated to the partners or members 62,512
PASS-THROUGH ENTITY INVESTORS in proportion to their right to 62,513
share in that business income. 62,514
(B)(C) With respect to a partnership or limited liability 62,517
company PASS-THROUGH ENTITY described in division (A)(B) of this 62,518
section, the nonbusiness income and deductions included in the 62,519
adjusted gross income of the partnership or limited liability 62,520
company PASS-THROUGH ENTITY shall be allocated to the partners or 62,521
members PASS-THROUGH ENTITY INVESTORS in proportion to their 62,522
1409
right to share in the nonbusiness income, and then the 62,523
partnership or limited liability company PASS-THROUGH ENTITY 62,524
shares shall be allocated to this state in the hands of the 62,525
individual partners or members EACH PASS-THROUGH ENTITY INVESTOR 62,526
pursuant to section 5747.20 of the Revised Code. 62,527
Sec. 5747.23. IN MAKING THE CALCULATIONS REQUIRED BY 62,530
SECTIONS 5747.20, 5747.21, AND 5747.22 OF THE REVISED CODE, A 62,533
TAXPAYER SHALL INCLUDE IN THE TAXPAYER'S ITEMS OF BUSINESS 62,534
INCOME, NONBUSINESS INCOME, PROPERTY, COMPENSATION, AND SALES THE 62,535
TAXPAYER'S ENTIRE DISTRIBUTIVE SHARE OF THE ITEMS OF BUSINESS 62,536
INCOME, NONBUSINESS INCOME, PROPERTY, COMPENSATION, AND SALES OF 62,537
ANY PASS-THROUGH ENTITY. A PASS-THROUGH ENTITY'S DIRECT OR 62,538
INDIRECT DISTRIBUTIVE SHARE OF ANY OTHER PASS-THROUGH ENTITY'S 62,539
ITEMS OF BUSINESS INCOME, NONBUSINESS INCOME, PROPERTY, 62,540
COMPENSATION, AND SALES SHALL BE INCLUDED FOR PURPOSES OF 62,541
COMPUTING THE TAXPAYER'S DISTRIBUTIVE SHARE OF THE PASS-THROUGH 62,542
ENTITY'S ITEMS OF BUSINESS INCOME, NONBUSINESS INCOME, PROPERTY, 62,543
COMPENSATION, AND SALES UNDER THOSE SECTIONS. 62,544
Sec. 5747.26. (A) As used in this section: 62,553
(1) "Cost" has the same meaning as in section 179(d)(3) of 62,555
the Internal Revenue Code. 62,556
(2) "Eighteen-month period" means the eighteen-month 62,558
period that begins January 1, 1995, and ends June 30, 1996. 62,559
(3) "Manufacturer" has the same meaning as in section 62,561
5711.16 of the Revised Code. 62,562
(4) "Manufacturing machinery or equipment" has the same 62,564
meaning as "engines and machinery, and tools and implements, of 62,565
every kind used, or designed to be used, in refining and 62,566
manufacturing" in section 5711.16 of the Revised Code. 62,567
(5) "New manufacturing machinery or equipment" means 62,569
manufacturing machinery or equipment, the original use of which 62,570
commences with the taxpayer or with a partnership or S 62,571
corporation of which the taxpayer is a partner or shareholder. 62,572
(6) "Purchase" has the same meaning as in section 62,574
1410
179(d)(2) of the Internal Revenue Code. 62,575
(B) A nonrefundable credit is allowed against the tax 62,577
imposed by this chapter SECTION 5747.02 OF THE REVISED CODE for a 62,578
taxpayer that purchases new manufacturing machinery or equipment 62,580
that the taxpayer locates in this state and uses as a 62,581
manufacturer. The credit also is allowed for a taxpayer that is 62,582
a direct or indirect partner in a partnership or a shareholder in 62,583
an S corporation that purchases new manufacturing machinery or 62,584
equipment that the partnership or S corporation locates in this 62,585
state and uses as a manufacturer. In either event, the credit is 62,586
available only if both of the following conditions are met: 62,587
(1) The purchases are made during the eighteen-month 62,589
period; 62,590
(2) In the case of such new manufacturing machinery or 62,592
equipment purchased by the taxpayer, the cumulative cost of the 62,593
new machinery or equipment, when added to the cumulative cost of 62,594
any other such manufacturing machinery or equipment purchased by 62,595
the taxpayer's spouse, equals or exceeds twenty per cent of the 62,596
aggregate cost of all tangible personal property located in the 62,598
United States, used in a trade or business or held for the 62,599
production of income, and owned by the taxpayer or the taxpayer's 62,600
spouse, at the close of the taxpayer's most recent taxable year 62,602
ending before the eighteen-month period. In the case of such new 62,603
manufacturing machinery or equipment purchased by a partnership 62,604
or S corporation of which the taxpayer is a direct or indirect 62,605
partner or a shareholder, the cumulative cost of such property 62,606
equals or exceeds both twenty per cent of the aggregate cost of 62,607
all tangible personal property located in the United States and 62,608
owned by the partnership or S corporation at the close of its 62,609
most recent federal taxable year ending before the eighteen-month 62,610
period, and the taxpayer's distributive share of such cumulative 62,611
cost, when added to the cumulative cost of any other such new 62,612
manufacturing machinery or equipment purchased by the taxpayer or 62,613
the taxpayer's spouse, equals or exceeds twenty per cent of the 62,614
1411
aggregate cost of all tangible personal property located in the 62,616
United States, used in a trade or business or held for the 62,617
production of income, and owned by the taxpayer or the taxpayer's 62,618
spouse, at the close of the taxpayer's most recent taxable year 62,620
ending before the eighteen-month period. 62,621
(C) The amount of the credit equals twenty per cent of the 62,623
cost of the new manufacturing machinery and equipment located and 62,624
used in this state by the manufacturer. However, the aggregate 62,625
credit allowed to any taxpayer and the taxpayer's spouse shall 62,626
not exceed five hundred thousand dollars. If manufacturing 62,628
machinery and equipment is purchased by a partnership or S 62,629
corporation, the five-hundred-thousand-dollar limit applies both 62,630
to the partnership or S corporation and to the taxpayer and the 62,631
taxpayer's spouse. The taxpayer shall be allowed the taxpayer's 62,633
distributive share of any credit available through the 62,635
partnership or S corporation, and such share shall be aggregated 62,636
with any other credit available to the taxpayer and the 62,637
taxpayer's spouse under this section before applying the 62,639
five-hundred-thousand-dollar limit to the taxpayer and the
taxpayer's spouse. The taxpayer may allocate the amount of 62,641
credit, as so limited, among any of the taxpayer's taxable years 62,642
that end after the purchase is made and include any portion of 62,643
the eighteen-month period. The taxpayer shall claim the credit 62,644
in the order required under section 5747.98 of the Revised Code. 62,646
Any credit amount in excess of the tax due under this chapter 62,649
after allowing for any other nonrefundable credits that precede 62,650
the credit under this section in that order may be carried 62,651
forward for three taxable years after the last taxable year that 62,652
includes any portion of the eighteen-month period, but the amount 62,653
of the excess credit allowed in any such year shall be deducted 62,654
from the balance carried forward to the next year. 62,655
(D) Nothing in this section shall be construed to limit or 62,657
disallow pass-through treatment of a partnership's or S 62,658
corporation's income, deductions, credits, or other amounts 62,659
1412
necessary to compute the tax imposed by section 5747.02 of the 62,660
Revised Code and the credits allowed by this chapter. 62,661
Sec. 5747.261. (A) As used in this section: 62,670
(1) "Cost" has the same meaning as in section 179(d)(3) of 62,672
the Internal Revenue Code. 62,673
(2) "Seven-month period" means the seven-month period that 62,676
begins December 1, 1995, and ends June 30, 1996.
(3) "Manufacturer" has the same meaning as in section 62,678
5711.16 of the Revised Code. 62,679
(4) "Manufacturing machinery or equipment" has the same 62,681
meaning as "engines and machinery, and tools and implements, of 62,682
every kind used, or designed to be used, in refining and 62,683
manufacturing" in section 5711.16 of the Revised Code. 62,684
(5) "New manufacturing machinery or equipment" means 62,686
manufacturing machinery or equipment, the original use of which 62,687
commences with the taxpayer or with a partnership or S 62,688
corporation of which the taxpayer is a partner or shareholder. 62,689
(6) "Purchase" has the same meaning as in section 62,691
179(d)(2) of the Internal Revenue Code. 62,693
(B) A nonrefundable credit is allowed against the tax 62,695
imposed by this chapter SECTION 5747.02 OF THE REVISED CODE for a 62,696
taxpayer that purchases new manufacturing machinery or equipment 62,698
that the taxpayer locates in this state and uses as a 62,699
manufacturer. The credit also is allowed for a taxpayer that is 62,700
a direct or indirect partner in a partnership or a shareholder in 62,701
an S corporation that purchases new manufacturing machinery or 62,702
equipment that the partnership or S corporation locates in this 62,703
state and uses as a manufacturer. In either event, the credit is 62,704
available only if the following conditions are met: 62,705
(1) The purchases are made during the seven-month period; 62,707
(2) In the case of such new manufacturing machinery or 62,709
equipment purchased by the taxpayer, the cumulative cost of the 62,711
new machinery or equipment, when added to the cumulative cost of 62,713
any other such manufacturing machinery or equipment purchased by 62,714
1413
the taxpayer's spouse, equals or exceeds twenty per cent of the 62,715
aggregate cost of all manufacturing machinery or equipment 62,718
located in the United States, used in a trade or business or held 62,719
for the production of income, and owned by the taxpayer or the 62,720
taxpayer's spouse, at the close of the taxpayer's most recent 62,721
taxable year ending before January 1, 1995. In the case of such 62,722
new manufacturing machinery or equipment purchased by a 62,723
partnership or S corporation of which the taxpayer is a direct or 62,724
indirect partner or a shareholder, the cumulative cost of such 62,725
property equals or exceeds both twenty per cent of the aggregate 62,727
of the cost of all manufacturing machinery or equipment located 62,730
in the United States and owned by the partnership or S 62,731
corporation at the close of its most recent federal taxable year 62,732
ending before January 1, 1995, and the taxpayer's distributive 62,733
share of such cumulative cost, when added to the cumulative cost 62,734
of any other such new manufacturing machinery or equipment 62,736
purchased by the taxpayer or the taxpayer's spouse, equals or 62,737
exceeds twenty per cent of the aggregate of the cost of all 62,739
manufacturing machinery or equipment located in the United 62,741
States, used in a trade or business or held for the production of 62,742
income, and owned by the taxpayer or the taxpayer's spouse, at 62,743
the close of the taxpayer's most recent taxable year ending 62,744
before January 1, 1995. 62,745
(3) The taxpayer does not claim a credit under section 62,747
5747.26 of the Revised Code for purchases of new manufacturing 62,749
machinery and equipment.
(C) In the case of new manufacturing machinery and 62,751
equipment purchased by a manufacturer, the amount of the credit 62,753
equals twenty per cent of the cost of the new manufacturing 62,754
machinery and equipment located and used in this state by the 62,755
manufacturer. However, the aggregate credit allowed to any 62,756
taxpayer and the taxpayer's spouse shall not exceed five hundred 62,757
thousand dollars. If manufacturing machinery and equipment is 62,758
purchased by a partnership or S corporation, the
1414
five-hundred-thousand-dollar limit applies both to the 62,759
partnership or S corporation and to the taxpayer and the 62,760
taxpayer's spouse. The taxpayer shall be allowed the taxpayer's 62,761
distributive share of any credit available through the 62,763
partnership or S corporation, and such share shall be aggregated 62,764
with any other credit available to the taxpayer and the 62,765
taxpayer's spouse under this section before applying the 62,766
five-hundred-thousand-dollar limit to the taxpayer and the
taxpayer's spouse. The taxpayer may allocate the amount of 62,767
credit, as so limited, among any of the taxpayer's taxable years 62,768
that end after the purchase is made and that include any portion 62,770
of the seven-month period. The taxpayer shall claim the credit 62,771
in the order required under section 5747.98 of the Revised Code. 62,772
Any credit amount in excess of the tax due under this chapter 62,774
after allowing for any other nonrefundable credits that precede 62,775
the credit under this section in that order may be carried 62,776
forward for three taxable years after the last taxable year that 62,777
includes any portion of the seven-month period, but the amount of 62,778
the excess credit allowed in any such year shall be deducted from 62,779
the balance carried forward to the next year. 62,780
(D) Nothing in this section shall be construed to limit or 62,782
disallow pass-through treatment of a partnership's or S 62,783
corporation's income, deductions, credits, or other amounts 62,784
necessary to compute the tax imposed by section 5747.02 of the 62,785
Revised Code and the credits allowed by this chapter. 62,786
Sec. 5747.30. (A) As used in this section: 62,795
(1) "Commercial printer," "commercial printing," "contract 62,798
for printing," "intangible property located at the premises of a 62,799
commercial printer," and "printed material" have the same 62,800
meanings as in division (D) of section 5733.09 of the Revised 62,802
Code.
(2) "Pass-through entity" has the same meaning as in 62,804
division (A)(6) of section 5747.057 of the Revised Code. 62,806
(3) "Related member" has the same meaning as in division 62,808
1415
(A)(6) of section 5733.042 of the Revised Code without regard to 62,810
division (B) of that section.
(B) Except as provided in divisions (C) and (D) of this 62,813
section, a nonresident not otherwise subject to the tax imposed
by section 5747.02 of the Revised Code for a taxable year does 62,816
not become subject to that tax for the taxable year solely by 62,817
reason of any one or more of the following occurring in this 62,818
state during all or any portion of the taxable year: 62,819
(1) Ownership by the nonresident, a pass-through entity in 62,822
which the nonresident has directly or indirectly invested, or a 62,823
related member of the nonresident, of tangible personal property 62,824
or intangible property located during all or any portion of the 62,825
taxable year at the premises of a commercial printer with which 62,826
the nonresident, pass-through entity, or nonresident's related 62,827
member has a contract for printing with respect to such property 62,828
or the premises of a commercial printer's related member with 62,829
which the nonresident, pass-through entity, or nonresident's 62,830
related member has a contract for printing with respect to such 62,831
property;
(2) Sales by the nonresident, a pass-through entity in 62,833
which the nonresident has directly or indirectly invested, or a 62,834
related member of the nonresident, of property produced at and 62,835
shipped or distributed from the premises of a commercial printer 62,836
with which the nonresident, pass-through entity, or nonresident's 62,838
related member has a contract for printing with respect to such 62,839
property or the premises of a commercial printer's related member 62,840
with which the nonresident, pass-through entity, or nonresident's 62,841
related member has a contract for printing with respect to such 62,842
property;
(3) Activities of employees, officers, agents, or 62,844
contractors of the nonresident, a pass-through entity in which 62,845
the nonresident has directly or indirectly invested, or a related 62,847
member of the nonresident, on the premises of a commercial 62,848
printer with which the nonresident, pass-through entity, or 62,849
1416
nonresident's related member has a contract for printing or the 62,850
premises of a commercial printer's related member with which the 62,851
nonresident, pass-through entity, or nonresident's related member 62,852
has a contract for printing, where such activities are directly 62,853
and solely related to quality control, distribution, or printing 62,854
services, or any combination thereof, performed by or at the 62,855
direction of the commercial printer or the commercial printer's 62,856
related member.
(C) The exemption under this section does not apply to a 62,858
taxable year during any portion of which the individual or estate 62,860
directly or indirectly owned or invested in a pass-through entity 62,861
which during any portion of the taxable year of the individual or 62,862
estate owned or used all or a portion of its property or capital 62,863
in this state or earned or received income in this state or was 62,864
doing business in this state. The exemption under this section 62,865
also does not apply to any individual or estate for a taxable 62,866
year during any portion of which the individual or estate 62,867
directly or indirectly owned or invested in a pass-through entity 62,868
which during any portion of such taxable year was a related 62,869
member to any entity which during any portion of such taxable 62,870
year owned or used all or a portion of its property or capital in 62,871
this state or earned or received income in this state or was 62,872
doing business in this state. 62,873
(D) With respect to allowing the exemption under this 62,875
section, the tax commissioner shall be guided by the doctrines of 62,877
"economic reality," "sham transaction," "step transaction," and 62,878
"substance over form." A nonresident shall bear the burden of 62,879
establishing by a preponderance of the evidence that any 62,880
transaction giving rise to an exemption claimed under this 62,881
section did not have as a principal purpose the avoidance of any 62,882
portion of the tax imposed by section 5747.02 of the Revised 62,884
Code.
Application of the doctrines listed in this division is not 62,887
limited to this section.
1417
Sec. 5747.31. (A) As used in this section, "pass-through 62,896
entity" has the same meaning as in section 5747.057 of the 62,897
Revised Code. 62,898
(B) This section shall apply APPLIES to an individual or 62,900
estate that invests in or is an owner of an interest in a 62,901
pass-through entity INVESTOR. 62,902
(C)(B)(1) A taxpayer described in division (B)(A) of this 62,905
section is allowed a credit which THAT shall be computed and 62,906
claimed in the same manner as the credit allowed to corporations 62,908
in section 5733.33 of the Revised Code, with the following 62,909
adjustments: 62,910
(a) The taxpayer shall claim one-seventh of the credit 62,913
amount for the calendar year in which the new manufacturing 62,914
machinery and equipment is purchased for use in the county by the 62,915
taxpayer or partnership. One-seventh of the taxpayer credit 62,916
amount is allowed for each of the six ensuing taxable years. 62,917
(b) Substitute "taxable year" for the phrase "calendar 62,920
year prior to the first day of a tax year" wherever the phrase 62,921
appears in division (H)(1) of section 5733.33 of the Revised 62,923
Code. 62,924
(2) The taxpayer shall claim the credit in the order 62,926
required under section 5747.98 of the Revised Code. 62,929
(D)(C) Nothing in this section shall be construed to limit 62,932
or disallow pass-through treatment of a pass-through entity's 62,933
income, deductions, credits, or other amounts necessary to 62,934
compute the tax imposed BY SECTION 5747.02 OF THE REVISED CODE 62,935
and the credits allowed by this chapter. 62,936
(E)(D) The taxpayer shall file with the department of 62,939
development a notice of intent to claim the credit in accordance 62,940
with division (E) of section 5733.33 of the Revised Code. 62,942
Sec. 5747.32. (A) As used in this section: 62,952
(1) "Partner" includes a member of a limited liability 62,954
company if the limited liability company is not treated as a 62,955
corporation for purposes of Chapter 5733. of the Revised Code and 62,956
1418
is not classified as an association taxable as a corporation for 62,958
federal income tax purposes.
(2) "Partnership" includes a limited liability company if 62,960
the limited liability company is not treated as a corporation for 62,961
purposes of Chapter 5733. of the Revised Code and is not 62,962
classified as an association taxable as a corporation for federal 62,964
income tax purposes.
(3) "S corporation" means a corporation that has made an 62,967
election under subchapter S of chapter one of subtitle A of the 62,968
Internal Revenue Code for its taxable year under the Internal 62,971
Revenue Code. 62,972
(B)(1) A nonrefundable credit is allowed against the tax 62,975
imposed by this chapter SECTION 5747.02 OF THE REVISED CODE for a 62,976
taxpayer that has entered into an agreement with the director of 62,978
development under section 122.19 122.16 of the Revised Code, or 62,981
for a taxpayer that is a partner in a partnership or a
shareholder in an S corporation that has entered into such an 62,983
agreement. If a taxpayer is a partner in such a partnership or a 62,984
shareholder in such an S corporation, the taxpayer shall be 62,985
allowed the taxpayer's distributive share of the credit available 62,988
through the partnership or S corporation. 62,989
(2) If a taxpayer, or a partnership or S corporation in 62,992
which the taxpayer is a partner or shareholder, enters into more 62,993
than one agreement under section 122.19 122.16 of the Revised 62,994
Code, the taxpayer may aggregate the amount of those credits each 62,996
taxable year.
(3) A taxpayer entitled to the credit allowed under this 62,998
section shall claim one-fifth of the credit amount for the 62,999
taxable year in which the agreement is entered into, and 63,000
one-fifth of the credit amount for each of the four succeeding 63,001
taxable years.
(4) A taxpayer shall claim the credit in the order 63,003
provided under section 5747.98 of the Revised Code. The amount 63,005
of the credit that a taxpayer may claim each year shall be the
1419
amount indicated on the certificate issued by the director of 63,006
development under section 122.19 122.16 of the Revised Code, or 63,008
the taxpayer's distributive share of that amount if the taxpayer 63,010
is entitled to the credit through a partnership or S corporation. 63,011
The taxpayer shall submit the certificate with the taxpayer's 63,012
annual return filed under section 5747.08 of the Revised Code. 63,013
Each year, any credit amount in excess of the tax due for that 63,015
year under this chapter, after allowing for all other credits 63,016
preceding the credit in that order, may be carried forward for no
more than three taxable years. 63,017
(5) A taxpayer shall not claim any credit amount 63,019
remaining, including any amounts carried forward from prior 63,020
taxable years, for any taxable year in which any of the following 63,021
events occur, or for any subsequent taxable year except as 63,022
otherwise provided under division (B)(6) of this section: 63,023
(a) The taxpayer, or a partnership or S corporation 63,026
through which the taxpayer is entitled to the credit, enters into 63,027
a compliance schedule agreement pursuant to division (B)(3) of 63,029
section 3746.12 of the Revised Code; 63,030
(b) The taxpayer, or a partnership or S corporation 63,033
through which the taxpayer is entitled to the credit, has its 63,034
covenant not to sue revoked pursuant to Chapter 3746. of the 63,035
Revised Code and rules adopted under that chapter; 63,037
(c) The covenant not to sue issued to the taxpayer, or a 63,039
partnership or S corporation through which the taxpayer is 63,041
entitled to the credit, is void pursuant to Chapter 3746. of the 63,043
Revised Code; 63,044
(d) The director of development has determined that the 63,046
taxpayer, or a partnership or S corporation through which the 63,048
taxpayer is entitled to the credit, has permitted the eligible
site to be used in such a manner as to cause the relocation of 63,049
employment positions from elsewhere in this state in violation of 63,051
the commitment required under division (D) of section 122.19 63,052
122.16 of the Revised Code.
1420
If a taxpayer claims credits through more than one 63,054
partnership or S corporation, division (B)(5) of this section 63,056
prohibits that taxpayer from claiming a credit through any of 63,057
those partnerships or S corporations that has entered into a 63,058
compliance schedule agreement, has had its covenant not to sue 63,059
revoked or voided, or has violated the commitment required in 63,060
division (D) of section 122.19 122.16 of the Revised Code. 63,062
Division (B)(5) of this section does not prohibit such a taxpayer 63,064
from claiming a credit through a partnership or S corporation 63,065
that has not entered into a compliance schedule agreement, has 63,066
not had its covenant not to sue revoked or voided, or has not 63,067
violated the commitment required in division (D) of section 63,068
122.19 122.16 of the Revised Code.
(6) If a taxpayer has been prohibited from claiming the 63,070
credit or a portion of the credit by reason of division (B)(5)(a) 63,071
of this section, and the taxpayer, or a partnership or S 63,073
corporation in which the taxpayer is a partner or shareholder, 63,074
subsequently has returned the property to compliance with 63,076
applicable standards pursuant to the compliance schedule 63,077
agreement, the taxpayer may claim the credit for the taxable year 63,079
in which the director of environmental protection has determined 63,080
that the taxpayer, partnership, or S corporation has returned the 63,082
property to compliance with applicable standards and for each
subsequent taxable year for which the taxpayer is otherwise 63,084
allowed to claim the credit under division (B)(3) of this 63,085
section.
Sec. 5747.40. ANY TERM USED IN SECTIONS 5747.40 TO 63,087
5747.453 OF THE REVISED CODE HAS THE SAME MEANING AS DEFINED IN 63,088
SECTION 5733.40 OF THE REVISED CODE.
THE PURPOSE OF SECTIONS 5747.40 TO 5747.453 OF THE REVISED 63,090
CODE IS TO COMPLEMENT AND TO REINFORCE THE TAX LEVIED UNDER 63,091
SECTION 5747.02 OF THE REVISED CODE. THOSE SECTIONS DO NOT APPLY 63,092
TO A PASS-THROUGH ENTITY IF ALL OF THE PARTNERS, SHAREHOLDERS, 63,093
MEMBERS, OR OTHER EQUITY INVESTORS OF THE PASS-THROUGH ENTITY ARE 63,094
1421
RESIDENT TAXPAYERS FOR THE PURPOSES OF THIS CHAPTER FOR THE 63,095
ENTIRE QUALIFYING TAXABLE YEAR OF THE PASS-THROUGH ENTITY, OR TO 63,096
A TRUST IF ALL OF THE BENEFICIARIES OF THE TRUST ARE RESIDENT 63,097
TAXPAYERS FOR THE PURPOSES OF THIS CHAPTER FOR THE ENTIRE 63,098
QUALIFYING TAXABLE YEAR OF THE TRUST. 63,099
Sec. 5747.41. FOR THE SAME PURPOSES FOR WHICH THE TAX IS 63,101
LEVIED UNDER SECTION 5747.02 OF THE REVISED CODE, THERE IS HEREBY 63,104
LEVIED A WITHHOLDING TAX ON EVERY QUALIFYING PASS-THROUGH ENTITY 63,105
HAVING AT LEAST ONE QUALIFYING INVESTOR WHO IS AN INDIVIDUAL AND 63,106
ON EVERY QUALIFYING TRUST HAVING AT LEAST ONE QUALIFYING 63,107
BENEFICIARY WHO IS AN INDIVIDUAL. THE WITHHOLDING TAX IMPOSED BY 63,109
THIS SECTION IS IMPOSED ON THE SUM OF THE ADJUSTED QUALIFYING 63,111
AMOUNTS OF A QUALIFYING PASS-THROUGH ENTITY'S QUALIFYING 63,112
INVESTORS WHO ARE INDIVIDUALS AND ON THE SUM OF THE ADJUSTED
QUALIFYING AMOUNTS OF A QUALIFYING TRUST'S QUALIFYING 63,113
BENEFICIARIES, AT THE RATE OF FIVE PER CENT OF THAT SUM. 63,115
THE TAX IMPOSED BY THIS SECTION APPLIES ONLY IF THE 63,118
QUALIFYING ENTITY HAS NEXUS WITH THIS STATE UNDER THE 63,120
CONSTITUTION OF THE UNITED STATES FOR ANY PORTION OF THE 63,124
QUALIFYING ENTITY'S QUALIFYING TAXABLE YEAR, AND THE SUM OF THE 63,126
QUALIFYING ENTITY'S ADJUSTED QUALIFYING AMOUNTS EXCEEDS ONE 63,127
THOUSAND DOLLARS FOR THE QUALIFYING ENTITY'S QUALIFYING TAXABLE
YEAR. 63,128
THE LEVY OF THE TAX UNDER THIS SECTION DOES NOT PREVENT A 63,130
MUNICIPAL CORPORATION OR A JOINT ECONOMIC DEVELOPMENT DISTRICT 63,131
CREATED UNDER SECTION 715.70 OR 715.71 OR SECTIONS 715.72 TO 63,132
715.81 OF THE REVISED CODE FROM LEVYING A TAX ON INCOME. 63,134
Sec. 5747.42. (A) IN ADDITION TO THE OTHER RETURNS 63,138
REQUIRED TO BE FILED AND OTHER REMITTANCES REQUIRED TO BE MADE 63,141
PURSUANT TO THIS CHAPTER, EVERY QUALIFYING ENTITY THAT IS SUBJECT 63,142
TO THE TAX IMPOSED BY SECTION 5733.41 OR 5747.41 OF THE REVISED 63,143
CODE SHALL FILE AN ANNUAL RETURN ON OR BEFORE THE FIFTEENTH DAY 63,145
OF THE FOURTH MONTH FOLLOWING THE END OF THE QUALIFYING ENTITY'S 63,146
QUALIFYING TAXABLE YEAR, AND REMIT TO THE TAX COMMISSIONER, WITH
1422
THE REMITTANCE MADE PAYABLE TO THE TREASURER OF STATE, THE AMOUNT 63,148
OF THE TAXES SHOWN TO BE DUE ON THE RETURN, LESS THE AMOUNT PAID 63,149
FOR THE TAXABLE YEAR ON A DECLARATION OF ESTIMATED TAX REPORT 63,150
FILED BY THE TAXPAYER AS PROVIDED BY SECTION 5747.43 OF THE 63,152
REVISED CODE. REMITTANCE SHALL BE MADE IN THE FORM PRESCRIBED BY 63,154
THE TAX COMMISSIONER, INCLUDING ELECTRONIC FUNDS TRANSFER IF 63,155
REQUIRED BY SECTION 5747.44 OF THE REVISED CODE. 63,156
A DOMESTIC QUALIFYING ENTITY SHALL NOT DISSOLVE, AND A 63,159
FOREIGN QUALIFYING ENTITY SHALL NOT WITHDRAW OR RETIRE FROM 63,160
BUSINESS IN THIS STATE, WITHOUT FILING THE TAX RETURNS AND PAYING 63,161
THE TAXES CHARGED FOR THE YEAR IN WHICH SUCH DISSOLUTION OR 63,162
WITHDRAWAL OCCURS.
(B) THE TAX COMMISSIONER SHALL FURNISH QUALIFYING 63,164
ENTITIES, UPON REQUEST, COPIES OF THE FORMS PRESCRIBED BY THE 63,165
COMMISSIONER FOR THE PURPOSE OF MAKING THE RETURNS REQUIRED BY 63,166
SECTIONS 5747.42 TO 5747.453 OF THE REVISED CODE. 63,167
(C) THE ANNUAL RETURN REQUIRED BY THIS SECTION SHALL BE 63,169
SIGNED BY THE QUALIFYING ENTITY'S TRUSTEE OR OTHER FIDUCIARY, OR 63,170
PRESIDENT, VICE-PRESIDENT, SECRETARY, TREASURER, GENERAL MANAGER, 63,172
GENERAL PARTNER, SUPERINTENDENT, OR MANAGING AGENT IN THIS STATE. 63,173
THE ANNUAL RETURN SHALL CONTAIN THE FACTS, FIGURES, COMPUTATIONS, 63,174
AND ATTACHMENTS THAT RESULT IN THE TAX CHARGED BY SECTION 5733.41 63,175
OR 5747.41 OF THE REVISED CODE. EACH QUALIFYING ENTITY ALSO 63,176
SHALL FILE WITH ITS ANNUAL RETURN ALL OF THE FOLLOWING: 63,177
(1) THE FULL NAME AND ADDRESS OF EACH QUALIFYING INVESTOR 63,180
OR QUALIFYING BENEFICIARY UNLESS THE QUALIFYING ENTITY SUBMITS 63,181
SUCH INFORMATION IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION; 63,182
(2) THE SOCIAL SECURITY NUMBER, FEDERAL EMPLOYER 63,185
IDENTIFICATION NUMBER, OR OTHER IDENTIFYING NUMBER OF EACH 63,186
QUALIFYING INVESTOR OR QUALIFYING BENEFICIARY, UNLESS THE 63,187
TAXPAYER SUBMITS THAT INFORMATION IN ACCORDANCE WITH DIVISION (D) 63,189
OF THIS SECTION;
(3) THE AMOUNT OF TAX IMPOSED BY SECTION 5733.41 OR 63,192
5747.41 OF THE REVISED CODE, AND THE AMOUNT OF THE TAX PAID BY
1423
THE QUALIFYING ENTITY, FOR THE QUALIFYING TAXABLE YEAR COVERED BY 63,194
THE ANNUAL RETURN; 63,195
(4) THE AMOUNT OF TAX IMPOSED BY SECTION 5733.41 OR 63,198
5747.41 OF THE REVISED CODE THAT IS ATTRIBUTABLE TO EACH 63,199
QUALIFYING INVESTOR OR QUALIFYING BENEFICIARY, UNLESS THE 63,200
QUALIFYING ENTITY SUBMITS THIS INFORMATION IN ACCORDANCE WITH 63,201
DIVISION (D) OF THIS SECTION. 63,202
(D) ON THE DATE THE ANNUAL RETURN IS DUE, INCLUDING 63,204
EXTENSIONS OF TIME, IF ANY, THE QUALIFYING ENTITY MAY BE REQUIRED 63,205
BY RULE TO TRANSMIT ELECTRONICALLY OR BY MAGNETIC MEDIA THE 63,206
INFORMATION SET FORTH IN DIVISION (C) OF THIS SECTION. THE TAX 63,208
COMMISSIONER MAY ADOPT RULES GOVERNING THE FORMAT FOR THE 63,209
TRANSMISSION OF SUCH INFORMATION. THE TAX COMMISSIONER MAY 63,210
EXEMPT A QUALIFYING ENTITY OR A CLASS OF QUALIFYING ENTITIES FROM 63,211
THE REQUIREMENTS IMPOSED BY THIS DIVISION. 63,212
(E) UPON GOOD CAUSE SHOWN, THE TAX COMMISSIONER MAY EXTEND 63,214
THE PERIOD FOR FILING ANY RETURN REQUIRED TO BE FILED UNDER THIS 63,216
SECTION OR SECTION 5747.43 OR 5747.44 OF THE REVISED CODE AND FOR 63,217
TRANSMITTING ANY INFORMATION REQUIRED TO BE TRANSMITTED UNDER 63,219
THOSE SECTIONS. THE TAX COMMISSIONER MAY ADOPT RULES RELATING TO 63,220
EXTENSIONS OF TIME TO FILE AND TO TRANSMIT. AT THE TIME A 63,221
QUALIFYING ENTITY PAYS ANY TAX IMPOSED UNDER SECTION 5733.41 OR 63,222
5747.41 OF THE REVISED CODE OR ESTIMATED TAX AS REQUIRED UNDER 63,223
SECTION 5747.43 OF THE REVISED CODE, THE QUALIFYING ENTITY ALSO 63,225
SHALL PAY INTEREST COMPUTED AT THE RATE PER ANNUM PRESCRIBED BY 63,226
SECTION 5703.47 OF THE REVISED CODE ON THAT TAX OR ESTIMATED TAX, 63,227
FROM THE TIME THE TAX OR ESTIMATED TAX ORIGINALLY WAS REQUIRED TO 63,228
BE PAID, WITHOUT CONSIDERATION OF ANY FILING EXTENSIONS, TO THE 63,229
TIME OF ACTUAL PAYMENT. NOTHING IN THIS DIVISION SHALL BE 63,230
CONSTRUED TO ABATE, MODIFY, OR LIMIT THE IMPOSITION OF ANY 63,231
PENALTIES IMPOSED FOR THE FAILURE TO TIMELY PAY TAXES UNDER THIS 63,232
CHAPTER OR CHAPTER 5733. OF THE REVISED CODE WITHOUT 63,233
CONSIDERATION OF ANY FILING EXTENSIONS. 63,234
Sec. 5747.43. (A) AS USED IN THIS SECTION: 63,238
1424
(1) "ESTIMATED TAXES" MEANS THE AMOUNT THAT A QUALIFYING 63,241
ENTITY ESTIMATES TO BE THE SUM OF ITS LIABILITY UNDER SECTIONS 63,243
5733.41 AND 5747.41 OF THE REVISED CODE FOR ITS CURRENT 63,244
QUALIFYING TAXABLE YEAR. 63,245
(2) "TAX LIABILITY" MEANS THE TOTAL OF THE TAXES AND 63,248
WITHHOLDING TAXES DUE UNDER SECTIONS 5733.41 AND 5747.41 OF THE 63,249
REVISED CODE FOR THE QUALIFYING TAXABLE YEAR PRIOR TO APPLYING 63,250
ANY ESTIMATED TAX PAYMENT OR REFUND FROM ANOTHER YEAR. 63,251
(3) "TAXES PAID" INCLUDES PAYMENTS OF ESTIMATED TAXES MADE 63,254
UNDER DIVISION (C) OF THIS SECTION AND TAX REFUNDS APPLIED BY THE 63,255
QUALIFYING ENTITY IN PAYMENT OF ESTIMATED TAXES. 63,256
(B) IN ADDITION TO THE RETURN REQUIRED TO BE FILED 63,258
PURSUANT TO SECTION 5747.42 OF THE REVISED CODE, EACH QUALIFYING 63,260
ENTITY SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.41 OR TO THE 63,261
WITHHOLDING TAX IMPOSED BY SECTION 5747.41 OF THE REVISED CODE
SHALL FILE AN ESTIMATED TAX RETURN AND PAY A PORTION OF THE 63,262
QUALIFYING ENTITY'S TAX LIABILITY FOR ITS QUALIFYING TAXABLE 63,264
YEAR. THE PORTION OF THOSE TAXES REQUIRED TO BE PAID, AND THE 63,265
LAST DAY PRESCRIBED FOR PAYMENT THEREOF, SHALL BE AS PRESCRIBED 63,266
BY DIVISIONS (B)(1), (2), (3), AND (4) OF THIS SECTION: 63,267
(1) ON OR BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING 63,270
THE LAST DAY OF THE FIRST QUARTER OF THE QUALIFYING ENTITY'S 63,271
QUALIFYING TAXABLE YEAR, TWENTY-TWO AND ONE-HALF PER CENT OF THE 63,272
QUALIFYING ENTITY'S ESTIMATED TAX LIABILITY FOR THAT TAXABLE 63,273
YEAR;
(2) ON OR BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING 63,275
THE LAST DAY OF THE SECOND QUARTER OF THE QUALIFYING ENTITY'S 63,277
QUALIFYING TAXABLE YEAR, FORTY-FIVE PER CENT OF THE QUALIFYING 63,278
ENTITY'S ESTIMATED TAX LIABILITY FOR THAT TAXABLE YEAR; 63,279
(3) ON OR BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING 63,281
THE LAST DAY OF THE THIRD QUARTER OF THE QUALIFYING ENTITY'S 63,283
QUALIFYING TAXABLE YEAR, SIXTY-SEVEN AND ONE-HALF PER CENT OF THE
QUALIFYING ENTITY'S ESTIMATED TAX LIABILITY FOR THAT TAXABLE 63,285
YEAR;
1425
(4) ON OR BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING 63,288
THE LAST DAY OF THE FOURTH QUARTER OF THE QUALIFYING ENTITY'S 63,289
QUALIFYING TAXABLE YEAR, NINETY PER CENT OF THE QUALIFYING 63,290
ENTITY'S ESTIMATED TAX LIABILITY FOR THAT TAXABLE YEAR. 63,291
PAYMENTS OF ESTIMATED TAXES SHALL BE MADE PAYABLE TO THE 63,294
TREASURER OF STATE.
(C) IF A PAYMENT OF ESTIMATED TAXES IS NOT PAID IN THE 63,296
FULL AMOUNT REQUIRED UNDER DIVISION (B) OF THIS SECTION, A 63,300
PENALTY SHALL BE ADDED TO THE TAXES CHARGED FOR THE QUALIFYING 63,301
TAXABLE YEAR UNLESS THE UNDERPAYMENT IS DUE TO REASONABLE CAUSE 63,302
AS DESCRIBED IN DIVISION (D) OF THIS SECTION. THE PENALTY SHALL 63,304
ACCRUE AT THE RATE PER ANNUM PRESCRIBED BY SECTION 5703.47 OF THE 63,305
REVISED CODE UPON THE AMOUNT OF UNDERPAYMENT FROM THE DAY THE 63,306
ESTIMATED PAYMENT WAS REQUIRED TO BE MADE TO THE DAY THE PAYMENT 63,307
IS MADE.
THE AMOUNT OF THE UNDERPAYMENT UPON WHICH THE PENALTY SHALL 63,310
ACCRUE SHALL BE DETERMINED AS FOLLOWS: 63,311
(1) FOR THE FIRST PAYMENT OF ESTIMATED TAXES EACH YEAR, 63,314
TWENTY-TWO AND ONE-HALF PER CENT OF THE TAX LIABILITY LESS THE 63,316
AMOUNT OF TAXES PAID BY THE DATE PRESCRIBED FOR THAT PAYMENT; 63,317
(2) FOR THE SECOND PAYMENT OF ESTIMATED TAXES EACH YEAR, 63,320
FORTY-FIVE PER CENT OF THE TAX LIABILITY LESS THE AMOUNT OF TAXES 63,322
PAID BY THE DATE PRESCRIBED FOR THAT PAYMENT; 63,323
(3) FOR THE THIRD PAYMENT OF ESTIMATED TAXES EACH YEAR, 63,326
SIXTY-SEVEN AND ONE-HALF PER CENT OF THE TAX LIABILITY LESS THE 63,328
AMOUNT OF TAXES PAID BY THE DATE PRESCRIBED FOR THAT PAYMENT; 63,329
(4) FOR THE FOURTH PAYMENT OF ESTIMATED TAXES EACH YEAR, 63,331
NINETY PER CENT OF THE TAX LIABILITY LESS THE AMOUNT OF TAXES 63,333
PAID BY THE DATE PRESCRIBED FOR THAT PAYMENT. 63,334
FOR THE PURPOSES OF THIS SECTION, A PAYMENT OF ESTIMATED 63,337
TAXES ON OR BEFORE ANY PAYMENT DATE SHALL BE CONSIDERED A PAYMENT 63,338
OF A PREVIOUS UNDERPAYMENT ONLY TO THE EXTENT THE PAYMENT OF 63,339
ESTIMATED TAXES EXCEEDS THE AMOUNT OF THE PAYMENT PRESENTLY 63,340
REQUIRED TO BE PAID TO AVOID ANY PENALTY. 63,341
1426
THE PENALTY IMPOSED UNDER DIVISION (C) OF THIS SECTION IS 63,344
IN LIEU OF ANY OTHER INTEREST CHARGE OR PENALTY IMPOSED FOR 63,345
FAILURE TO FILE A DECLARATION OF ESTIMATED TAX REPORT AND MAKE 63,346
ESTIMATED PAYMENTS AS REQUIRED BY THIS SECTION. 63,347
(D) AN UNDERPAYMENT OF ESTIMATED TAXES DETERMINED UNDER 63,349
DIVISION (C) OF THIS SECTION IS DUE TO REASONABLE CAUSE IF ANY OF 63,350
THE FOLLOWING APPLY: 63,351
(1) THE AMOUNT OF TAX THAT WAS PAID EQUALS AT LEAST NINETY 63,355
PER CENT OF THE TAX LIABILITY FOR THE CURRENT QUALIFYING TAXABLE
YEAR, DETERMINED BY ANNUALIZING THE INCOME RECEIVED DURING THAT 63,356
YEAR UP TO THE END OF THE MONTH IMMEDIATELY PRECEDING THE MONTH 63,357
IN WHICH THE PAYMENT IS DUE; 63,358
(2) THE AMOUNT OF TAX LIABILITY THAT WAS PAID EQUALS AT 63,361
LEAST NINETY PER CENT OF THE TAX LIABILITY FOR THE CURRENT 63,362
QUALIFYING TAXABLE YEAR; 63,363
(3) THE AMOUNT OF INCOME TAX AND WITHHOLDING TAX LIABILITY 63,366
THAT WAS PAID EQUALS AT LEAST ONE HUNDRED PER CENT OF THE TAX 63,367
LIABILITY SHOWN ON THE RETURN OF THE QUALIFYING ENTITY FOR THE 63,368
PRECEDING QUALIFYING TAXABLE YEAR, PROVIDED THAT THE IMMEDIATELY 63,370
PRECEDING QUALIFYING TAXABLE YEAR REFLECTED A PERIOD OF TWELVE 63,371
MONTHS AND THE QUALIFYING ENTITY FILED A RETURN UNDER SECTION
5745.03 OF THE REVISED CODE FOR THAT YEAR. 63,372
THE TAX COMMISSIONER MAY WAIVE THE REQUIREMENT FOR FILING A 63,375
DECLARATION OF ESTIMATED TAXES FOR ANY CLASS OF QUALIFYING 63,376
ENTITIES IF THE COMMISSIONER FINDS THE WAIVER IS REASONABLE AND 63,377
PROPER IN VIEW OF ADMINISTRATIVE COSTS AND OTHER FACTORS. 63,378
Sec. 5747.44. (A) IF A QUALIFYING ENTITY'S TOTAL 63,383
LIABILITY FOR TAXES IMPOSED UNDER SECTION 5733.41 OR 5747.41 OF
THE REVISED CODE EXCEEDS ONE HUNDRED EIGHTY THOUSAND DOLLARS FOR 63,385
THE SECOND PRECEDING QUALIFYING TAXABLE YEAR, THE QUALIFYING 63,386
ENTITY SHALL MAKE ALL PAYMENTS REQUIRED UNDER SECTIONS 5747.42 63,388
AND 5747.43 OF THE REVISED CODE BY ELECTRONIC FUNDS TRANSFER AS
PRESCRIBED BY THIS SECTION AND RULES ADOPTED BY THE TREASURER OF 63,390
STATE UNDER SECTION 113.061 OF THE REVISED CODE. 63,391
1427
THE TAX COMMISSIONER SHALL NOTIFY EACH QUALIFYING ENTITY 63,393
REQUIRED TO REMIT TAXES BY ELECTRONIC FUNDS TRANSFER OF THE 63,394
ENTITY'S OBLIGATION TO DO SO, SHALL MAINTAIN AN UPDATED LIST OF 63,395
THOSE ENTITIES, AND SHALL PROVIDE THE LIST AND ANY ADDITIONS 63,396
THERETO OR DELETIONS THEREFROM TO THE TREASURER OF STATE. 63,397
FAILURE BY THE TAX COMMISSIONER TO NOTIFY A QUALIFYING ENTITY 63,398
SUBJECT TO THIS SECTION TO REMIT TAXES BY ELECTRONIC FUNDS 63,399
TRANSFER DOES NOT RELIEVE THE QUALIFYING ENTITY OF ITS OBLIGATION 63,400
TO REMIT TAXES BY ELECTRONIC FUNDS TRANSFER. 63,401
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 63,403
PAYMENT OF TAXES BY ELECTRONIC FUNDS TRANSFER DOES NOT AFFECT A 63,404
QUALIFYING ENTITY'S OBLIGATION TO FILE THE RETURNS REQUIRED UNDER 63,405
SECTIONS 5747.42 AND 5747.43 OF THE REVISED CODE. THE TREASURER 63,406
OF STATE, IN CONSULTATION WITH THE TAX COMMISSIONER, MAY ADOPT 63,407
RULES IN ADDITION TO THE RULES ADOPTED UNDER SECTION 113.061 OF 63,408
THE REVISED CODE GOVERNING THE FORMAT FOR FILING RETURNS BY 63,410
QUALIFYING ENTITIES THAT REMIT TAXES BY ELECTRONIC FUNDS 63,411
TRANSFER. THE RULES MAY PROVIDE FOR THE FILING OF RETURNS AT 63,412
LESS FREQUENT INTERVALS THAN OTHERWISE REQUIRED IF THE TREASURER 63,414
OF STATE AND THE TAX COMMISSIONER DETERMINE THAT REMITTANCE BY 63,415
ELECTRONIC FUNDS TRANSFER WARRANTS LESS FREQUENT FILING OF 63,416
RETURNS.
(C) A QUALIFYING ENTITY REQUIRED BY THIS SECTION TO REMIT 63,418
TAXES BY ELECTRONIC FUNDS TRANSFER MAY APPLY TO THE TREASURER OF 63,420
STATE IN THE MANNER PRESCRIBED BY THE TREASURER OF STATE TO BE 63,421
EXCUSED FROM THAT REQUIREMENT. THE TREASURER OF STATE MAY EXCUSE 63,422
THE QUALIFYING ENTITY FROM REMITTANCE BY ELECTRONIC FUNDS 63,423
TRANSFER FOR GOOD CAUSE SHOWN FOR THE PERIOD OF TIME REQUESTED BY 63,424
THE QUALIFYING ENTITY OR FOR A PORTION OF THAT PERIOD. THE 63,425
TREASURER OF STATE SHALL NOTIFY THE TAX COMMISSIONER AND THE 63,426
QUALIFYING ENTITY OF THE TREASURER OF STATE'S DECISION AS SOON AS
IS PRACTICABLE. 63,427
(D) IF A QUALIFYING ENTITY REQUIRED BY THIS SECTION TO 63,429
REMIT TAXES BY ELECTRONIC FUNDS TRANSFER REMITS THOSE TAXES BY 63,431
1428
SOME MEANS OTHER THAN BY ELECTRONIC FUNDS TRANSFER AS PRESCRIBED 63,432
BY THIS SECTION AND THE RULES ADOPTED BY THE TREASURER OF STATE, 63,433
AND THE TREASURER OF STATE DETERMINES THAT SUCH FAILURE WAS NOT 63,434
DUE TO REASONABLE CAUSE OR WAS DUE TO WILLFUL NEGLECT, THE 63,435
TREASURER OF STATE SHALL NOTIFY THE TAX COMMISSIONER OF THE 63,436
FAILURE TO REMIT BY ELECTRONIC FUNDS TRANSFER AND SHALL PROVIDE 63,437
THE COMMISSIONER WITH ANY INFORMATION USED IN MAKING THAT 63,438
DETERMINATION. THE TAX COMMISSIONER MAY COLLECT AN ADDITIONAL 63,439
CHARGE BY ASSESSMENT IN THE MANNER PRESCRIBED BY SECTION 5747.13 63,440
OF THE REVISED CODE. THE ADDITIONAL CHARGE SHALL EQUAL FIVE PER 63,441
CENT OF THE AMOUNT OF THE TAXES REQUIRED TO BE PAID BY ELECTRONIC 63,442
FUNDS TRANSFER, BUT SHALL NOT EXCEED FIVE THOUSAND DOLLARS. ANY 63,443
ADDITIONAL CHARGE ASSESSED UNDER THIS SECTION IS IN ADDITION TO 63,444
ANY OTHER PENALTY OR CHARGE IMPOSED UNDER THIS CHAPTER OR CHAPTER 63,445
5733. OF THE REVISED CODE, AND SHALL BE CONSIDERED AS REVENUE 63,447
ARISING FROM THE TAXES IMPOSED UNDER SECTIONS 5733.41 AND 5747.41 63,448
OF THE REVISED CODE. THE TAX COMMISSIONER MAY REMIT ALL OR A
PORTION OF SUCH A CHARGE AND MAY ADOPT RULES GOVERNING SUCH 63,450
REMISSION.
NO ADDITIONAL CHARGE SHALL BE ASSESSED UNDER THIS DIVISION 63,452
AGAINST A QUALIFYING ENTITY THAT HAS BEEN NOTIFIED OF ITS 63,453
OBLIGATION TO REMIT TAXES UNDER THIS SECTION AND THAT REMITS ITS 63,454
FIRST TWO TAX PAYMENTS AFTER SUCH NOTIFICATION BY SOME MEANS 63,455
OTHER THAN ELECTRONIC FUNDS TRANSFER. THE ADDITIONAL CHARGE MAY 63,456
BE ASSESSED UPON THE REMITTANCE OF ANY SUBSEQUENT TAX PAYMENT 63,457
THAT THE QUALIFYING ENTITY REMITS BY SOME MEANS OTHER THAN 63,458
ELECTRONIC FUNDS TRANSFER. 63,459
Sec. 5747.45. (A) A QUALIFYING ENTITY'S QUALIFYING 63,463
TAXABLE YEAR IS THE SAME AS ITS TAXABLE YEAR FOR FEDERAL INCOME 63,466
TAX PURPOSES. IF A QUALIFYING ENTITY'S TAXABLE YEAR IS CHANGED 63,467
FOR FEDERAL INCOME TAX PURPOSES, THE QUALIFYING TAXABLE YEAR FOR 63,468
PURPOSES OF THIS CHAPTER AND SECTIONS 5733.40 AND 5733.41 OF THE 63,469
REVISED CODE IS CHANGED ACCORDINGLY. 63,470
(B) A QUALIFYING ENTITY'S METHOD OF ACCOUNTING SHALL BE 63,473
1429
THE SAME AS ITS METHOD OF ACCOUNTING FOR FEDERAL INCOME TAX 63,474
PURPOSES. IN THE ABSENCE OF ANY METHOD OF ACCOUNTING FOR FEDERAL 63,475
INCOME TAX PURPOSES, INCOME SHALL BE COMPUTED UNDER SUCH METHOD 63,476
AS IN THE OPINION OF THE TAX COMMISSIONER CLEARLY REFLECTS 63,477
INCOME.
IF A QUALIFYING ENTITY'S METHOD OF ACCOUNTING IS CHANGED 63,479
FOR FEDERAL INCOME TAX PURPOSES, ITS METHOD OF ACCOUNTING FOR 63,480
PURPOSES OF THIS CHAPTER SHALL BE CHANGED ACCORDINGLY. 63,481
(C) IF ANY OF THE FACTS, FIGURES, COMPUTATIONS, OR 63,483
ATTACHMENTS REQUIRED IN A QUALIFYING ENTITY'S ANNUAL REPORT TO 63,484
DETERMINE THE TAXES IMPOSED BY SECTION 5733.41 OR 5747.41 OF THE 63,485
REVISED CODE MUST BE ALTERED AS THE RESULT OF AN ADJUSTMENT TO 63,487
THE QUALIFYING ENTITY'S FEDERAL INCOME TAX RETURN, WHETHER THE 63,488
ADJUSTMENT IS INITIATED BY THE QUALIFYING ENTITY OR THE INTERNAL 63,489
REVENUE SERVICE, AND SUCH ALTERATION AFFECTS THE QUALIFYING 63,490
ENTITY'S TAX LIABILITY UNDER ONE OR BOTH OF THOSE SECTIONS, THE
QUALIFYING ENTITY SHALL FILE AN AMENDED REPORT WITH THE TAX 63,492
COMMISSIONER IN SUCH FORM AS THE COMMISSIONER REQUIRES. THE 63,493
AMENDED REPORT SHALL BE FILED NOT LATER THAN ONE YEAR AFTER THE 63,494
ADJUSTMENT HAS BEEN AGREED TO OR FINALLY DETERMINED FOR FEDERAL 63,495
INCOME TAX PURPOSES OR ANY FEDERAL INCOME TAX DEFICIENCY OR 63,496
REFUND, OR THE ABATEMENT OR CREDIT RESULTING THEREFROM, HAS BEEN 63,497
ASSESSED OR PAID, WHICHEVER OCCURS FIRST. 63,498
(1) IN THE CASE OF AN UNDERPAYMENT, THE AMENDED REPORT 63,500
SHALL BE ACCOMPANIED BY PAYMENT OF AN ADDITIONAL TAX AND INTEREST 63,501
DUE AND IS A REPORT SUBJECT TO ASSESSMENT UNDER SECTION 5747.13 63,502
OF THE REVISED CODE FOR THE PURPOSE OF ASSESSING ANY ADDITIONAL 63,503
TAX DUE UNDER THIS DIVISION, TOGETHER WITH ANY APPLICABLE PENALTY 63,504
AND INTEREST. IT SHALL NOT REOPEN THOSE FACTS, FIGURES, 63,505
COMPUTATIONS, OR ATTACHMENTS FROM A PREVIOUSLY FILED REPORT NO 63,506
LONGER SUBJECT TO ASSESSMENT THAT ARE NOT AFFECTED, EITHER 63,507
DIRECTLY OR INDIRECTLY, BY THE ADJUSTMENT TO THE QUALIFYING 63,508
ENTITY'S FEDERAL INCOME TAX RETURN. 63,509
(2) IN THE CASE OF AN OVERPAYMENT, AN APPLICATION FOR 63,511
1430
REFUND MAY BE FILED UNDER THIS DIVISION WITHIN THE ONE-YEAR 63,512
PERIOD PRESCRIBED FOR FILING THE AMENDED REPORT EVEN IF IT IS 63,513
FILED BEYOND THE PERIOD PRESCRIBED IN DIVISION (B) OF SECTION 63,514
5747.11 OF THE REVISED CODE IF IT OTHERWISE CONFORMS TO THE 63,515
REQUIREMENTS OF THAT SECTION. AN APPLICATION FILED UNDER THIS 63,516
DIVISION SHALL CLAIM REFUND OF OVERPAYMENTS RESULTING FROM 63,517
ALTERATIONS TO ONLY THOSE FACTS, FIGURES, COMPUTATIONS, OR 63,518
ATTACHMENTS REQUIRED IN THE QUALIFYING ENTITY'S ANNUAL REPORT 63,519
THAT ARE AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY THE 63,520
ADJUSTMENT TO THE QUALIFYING ENTITY'S FEDERAL INCOME TAX RETURN 63,521
UNLESS IT IS ALSO FILED WITHIN THE TIME PRESCRIBED IN DIVISION 63,522
(B) OF SECTION 5747.11 OF THE REVISED CODE. IT SHALL NOT REOPEN 63,523
THOSE FACTS, FIGURES, COMPUTATIONS, OR ATTACHMENTS THAT ARE NOT 63,524
AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY THE ADJUSTMENT TO THE 63,525
QUALIFYING ENTITY'S FEDERAL INCOME TAX RETURN. 63,526
Sec. 5747.451. (A) THE MERE RETIREMENT FROM BUSINESS OR 63,530
VOLUNTARY DISSOLUTION OF A DOMESTIC OR FOREIGN QUALIFYING ENTITY 63,532
DOES NOT EXEMPT IT FROM THE REQUIREMENTS TO MAKE REPORTS AS 63,534
REQUIRED UNDER SECTIONS 5747.42 TO 5747.44 OR TO PAY THE TAXES 63,535
IMPOSED UNDER SECTION 5733.41 OR 5747.41 OF THE REVISED CODE. IF
ANY QUALIFYING ENTITY SUBJECT TO THE TAXES IMPOSED UNDER SECTION 63,537
5733.41 OR 5747.41 OF THE REVISED CODE SELLS ITS BUSINESS OR
STOCK OF MERCHANDISE OR QUITS ITS BUSINESS, THE TAXES REQUIRED TO 63,539
BE PAID PRIOR TO THAT TIME, TOGETHER WITH ANY INTEREST OR PENALTY
THEREON, BECOME DUE AND PAYABLE IMMEDIATELY, AND THE QUALIFYING 63,540
ENTITY SHALL MAKE A FINAL RETURN WITHIN FIFTEEN DAYS AFTER THE 63,541
DATE OF SELLING OR QUITTING BUSINESS. THE SUCCESSOR OF THE 63,542
QUALIFYING ENTITY SHALL WITHHOLD A SUFFICIENT AMOUNT OF THE 63,544
PURCHASE MONEY TO COVER THE AMOUNT OF SUCH TAXES, INTEREST, AND 63,545
PENALTIES DUE AND UNPAID UNTIL THE QUALIFYING ENTITY PRODUCES A 63,546
RECEIPT FROM THE TAX COMMISSIONER SHOWING THAT THE TAXES, 63,547
INTEREST, AND PENALTIES HAVE BEEN PAID, OR A CERTIFICATE
INDICATING THAT NO TAXES ARE DUE. IF THE PURCHASER OF THE 63,548
BUSINESS OR STOCK OF GOODS FAILS TO WITHHOLD PURCHASE MONEY, THE 63,549
1431
PURCHASER IS PERSONALLY LIABLE FOR THE PAYMENT OF THE TAXES, 63,550
INTEREST, AND PENALTIES ACCRUED AND UNPAID DURING THE OPERATION 63,551
OF THE BUSINESS BY THE QUALIFYING ENTITY. IF THE AMOUNT OF THOSE 63,553
TAXES, INTEREST, AND PENALTY UNPAID AT THE TIME OF THE PURCHASE 63,554
EXCEEDS THE TOTAL PURCHASE MONEY, THE TAX COMMISSIONER MAY ADJUST 63,555
THE QUALIFYING ENTITY'S LIABILITY FOR THOSE TAXES, INTEREST, AND 63,556
PENALTY, OR ADJUST THE RESPONSIBILITY OF THE PURCHASER TO PAY 63,557
THAT LIABILITY, IN A MANNER CALCULATED TO MAXIMIZE THE COLLECTION 63,559
OF THOSE LIABILITIES.
(B) ANNUALLY, ON THE LAST DAY OF EACH QUALIFYING TAXABLE 63,561
YEAR OF A QUALIFYING ENTITY, THE TAXES IMPOSED UNDER SECTION 63,562
5733.41 OR 5747.41 OF THE REVISED CODE, TOGETHER WITH ANY 63,563
PENALTIES SUBSEQUENTLY ACCRUING THEREON, BECOME A LIEN ON ALL 63,564
PROPERTY IN THIS STATE OF THE QUALIFYING ENTITY, WHETHER SUCH
PROPERTY IS EMPLOYED BY THE QUALIFYING ENTITY IN THE PROSECUTION 63,566
OF ITS BUSINESS OR IS IN THE HANDS OF AN ASSIGNEE, TRUSTEE, OR 63,567
RECEIVER FOR THE BENEFIT OF THE QUALIFYING ENTITY'S CREDITORS AND 63,568
INVESTORS. THE LIEN SHALL CONTINUE UNTIL THOSE TAXES, TOGETHER 63,569
WITH ANY PENALTIES SUBSEQUENTLY ACCRUING, ARE PAID. 63,570
UPON FAILURE OF SUCH A QUALIFYING ENTITY TO PAY THOSE TAXES 63,572
ON THE DAY FIXED FOR PAYMENT, THE TREASURER OF STATE SHALL 63,573
THEREUPON NOTIFY THE TAX COMMISSIONER, AND THE COMMISSIONER MAY 63,574
FILE IN THE OFFICE OF THE COUNTY RECORDER IN EACH COUNTY IN THIS 63,576
STATE IN WHICH THE QUALIFYING ENTITY OWNS OR HAS A BENEFICIAL 63,577
INTEREST IN REAL ESTATE, NOTICE OF THE LIEN CONTAINING A BRIEF 63,578
DESCRIPTION OF SUCH REAL ESTATE. NO FEE SHALL BE CHARGED FOR 63,579
SUCH A FILING. THE LIEN IS NOT VALID AS AGAINST ANY MORTGAGEE,
PURCHASER, OR JUDGMENT CREDITOR WHOSE RIGHTS HAVE ATTACHED PRIOR 63,580
TO THE TIME THE NOTICE IS SO FILED IN THE COUNTY IN WHICH THE 63,581
REAL ESTATE WHICH IS THE SUBJECT OF SUCH MORTGAGE, PURCHASE, OR 63,582
JUDGMENT LIEN IS LOCATED. THE NOTICE SHALL BE RECORDED IN A BOOK 63,583
KEPT BY THE RECORDER, CALLED THE QUALIFYING ENTITY TAX LIEN 63,584
RECORD, AND INDEXED UNDER THE NAME OF THE QUALIFYING ENTITY 63,585
CHARGED WITH THE TAX. WHEN THE TAX, TOGETHER WITH ANY PENALTIES 63,586
1432
SUBSEQUENTLY ACCRUING THEREON, HAVE BEEN PAID, THE TAX 63,587
COMMISSIONER SHALL FURNISH TO THE QUALIFYING ENTITY AN 63,588
ACKNOWLEDGMENT OF SUCH PAYMENT THAT THE QUALIFYING ENTITY MAY 63,589
RECORD WITH THE RECORDER OF EACH COUNTY IN WHICH NOTICE OF SUCH 63,590
LIEN HAS BEEN FILED, FOR WHICH RECORDING THE RECORDER SHALL 63,591
CHARGE AND RECEIVE A FEE OF TWO DOLLARS.
(C) IN ADDITION TO ALL OTHER REMEDIES FOR THE COLLECTION 63,594
OF ANY TAXES OR PENALTIES DUE UNDER LAW, WHENEVER ANY TAXES, 63,595
INTEREST, OR PENALTIES DUE FROM ANY QUALIFYING ENTITY UNDER
SECTION 5733.41 OF THE REVISED CODE OR THIS CHAPTER HAVE REMAINED 63,596
UNPAID FOR A PERIOD OF NINETY DAYS, OR WHENEVER ANY QUALIFYING 63,597
ENTITY HAS FAILED FOR A PERIOD OF NINETY DAYS TO MAKE ANY REPORT 63,598
OR RETURN REQUIRED BY LAW, OR TO PAY ANY PENALTY FOR FAILURE TO 63,599
MAKE OR FILE SUCH REPORT OR RETURN, THE ATTORNEY GENERAL, UPON 63,600
THE REQUEST OF THE TAX COMMISSIONER, SHALL FILE A PETITION IN THE 63,601
COURT OF COMMON PLEAS IN THE COUNTY OF THE STATE IN WHICH SUCH 63,602
QUALIFYING ENTITY HAS ITS PRINCIPAL PLACE OF BUSINESS FOR A 63,603
JUDGMENT FOR THE AMOUNT OF THE TAXES, INTEREST, OR PENALTIES 63,604
APPEARING TO BE DUE, THE ENFORCEMENT OF ANY LIEN IN FAVOR OF THE 63,605
STATE, AND AN INJUNCTION TO RESTRAIN SUCH QUALIFYING ENTITY AND 63,606
ITS OFFICERS, DIRECTORS, AND MANAGING AGENTS FROM THE TRANSACTION 63,607
OF ANY BUSINESS WITHIN THIS STATE, OTHER THAN SUCH ACTS AS ARE 63,608
INCIDENTAL TO LIQUIDATION OR WINDING UP, UNTIL THE PAYMENT OF 63,609
SUCH TAXES, INTEREST, AND PENALTIES, AND THE COSTS OF THE 63,610
PROCEEDING FIXED BY THE COURT, OR THE MAKING AND FILING OF SUCH 63,611
REPORT OR RETURN.
THE PETITION SHALL BE IN THE NAME OF THE STATE. ANY OF THE 63,613
QUALIFYING ENTITIES HAVING ITS PRINCIPAL PLACES OF BUSINESS IN 63,615
THE COUNTY MAY BE JOINED IN ONE SUIT. ON THE MOTION OF THE
ATTORNEY GENERAL, THE COURT OF COMMON PLEAS SHALL ENTER AN ORDER 63,616
REQUIRING ALL DEFENDANTS TO ANSWER BY A DAY CERTAIN, AND MAY 63,617
APPOINT A SPECIAL MASTER COMMISSIONER TO TAKE TESTIMONY, WITH 63,618
SUCH OTHER POWER AND AUTHORITY AS THE COURT CONFERS, AND 63,619
PERMITTING PROCESS TO BE SERVED BY REGISTERED MAIL AND BY 63,620
1433
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED IN 63,621
THE COUNTY, WHICH PUBLICATION NEED NOT BE MADE MORE THAN ONCE, 63,622
SETTING FORTH THE NAME OF EACH DELINQUENT QUALIFYING ENTITY, THE 63,623
MATTER IN WHICH THE QUALIFYING ENTITY IS DELINQUENT, THE NAMES OF 63,624
ITS OFFICERS, DIRECTORS, AND MANAGING AGENTS, IF SET FORTH IN THE 63,625
PETITION, AND THE AMOUNT OF ANY TAXES, FEES, OR PENALTIES CLAIMED 63,626
TO BE OWING BY THE QUALIFYING ENTITY. 63,627
ALL OR ANY OF THE TRUSTEES OR OTHER FIDUCIARIES, OFFICERS, 63,629
DIRECTORS, INVESTORS, BENEFICIARIES, OR MANAGING AGENTS OF ANY 63,631
QUALIFYING ENTITY MAY BE JOINED AS DEFENDANTS WITH THE QUALIFYING 63,632
ENTITY.
IF IT APPEARS TO THE COURT UPON HEARING THAT ANY QUALIFYING 63,635
ENTITY THAT IS A PARTY TO THE PROCEEDING IS INDEBTED TO THE STATE 63,636
FOR TAXES IMPOSED UNDER SECTION 5733.41 OR 5747.41 OF THE REVISED
CODE, OR INTEREST OR PENALTIES THEREON, JUDGMENT SHALL BE ENTERED 63,637
THEREFOR WITH INTEREST; AND IF IT APPEARS THAT ANY QUALIFYING 63,638
ENTITY HAS FAILED TO MAKE OR FILE ANY REPORT OR RETURN, A 63,639
MANDATORY INJUNCTION MAY BE ISSUED AGAINST THE QUALIFYING ENTITY,
ITS TRUSTEES OR OTHER FIDUCIARIES, OFFICERS, DIRECTORS, AND 63,640
MANAGING AGENTS, ENJOINING THEM FROM THE TRANSACTION OF ANY 63,642
BUSINESS WITHIN THIS STATE, OTHER THAN ACTS INCIDENTAL TO 63,643
LIQUIDATION OR WINDING UP, UNTIL THE MAKING AND FILING OF ALL 63,644
PROPER REPORTS OR RETURNS AND UNTIL THE PAYMENT IN FULL OF ALL 63,645
TAXES, INTEREST, AND PENALTIES.
IF THE TRUSTEES OR OTHER FIDUCIARIES, OFFICERS, DIRECTORS, 63,647
INVESTORS, BENEFICIARIES, OR MANAGING AGENTS OF A QUALIFYING 63,648
ENTITY ARE NOT MADE PARTIES IN THE FIRST INSTANCE, AND A JUDGMENT 63,651
OR AN INJUNCTION IS RENDERED OR ISSUED AGAINST THE QUALIFYING 63,652
ENTITY, THOSE OFFICERS, DIRECTORS, INVESTORS, OR MANAGING AGENTS 63,653
MAY BE MADE PARTIES TO SUCH PROCEEDINGS UPON THE MOTION OF THE 63,654
ATTORNEY GENERAL, AND, UPON NOTICE TO THEM OF THE FORM AND TERMS 63,655
OF SUCH INJUNCTION, THEY SHALL BE BOUND THEREBY AS FULLY AS IF 63,656
THEY HAD BEEN MADE PARTIES IN THE FIRST INSTANCE. 63,657
IN ANY ACTION AUTHORIZED BY THIS DIVISION, A STATEMENT OF 63,659
1434
THE TAX COMMISSIONER, OR THE SECRETARY OF STATE, WHEN DULY 63,660
CERTIFIED, SHALL BE PRIMA-FACIE EVIDENCE OF THE AMOUNT OF TAXES, 63,661
INTEREST, OR PENALTIES DUE FROM ANY QUALIFYING ENTITY, OR OF THE 63,662
FAILURE OF ANY QUALIFYING ENTITY TO FILE WITH THE COMMISSIONER OR 63,663
THE SECRETARY OF STATE ANY REPORT REQUIRED BY LAW, AND ANY SUCH 63,664
CERTIFICATE OF THE COMMISSIONER OR THE SECRETARY OF STATE MAY BE 63,665
REQUIRED IN EVIDENCE IN ANY SUCH PROCEEDING. 63,666
ON THE APPLICATION OF ANY DEFENDANT AND FOR GOOD CAUSE 63,668
SHOWN, THE COURT MAY ORDER A SEPARATE HEARING OF THE ISSUES AS TO 63,669
ANY DEFENDANT. 63,670
THE COSTS OF THE PROCEEDING SHALL BE APPORTIONED AMONG THE 63,672
PARTIES AS THE COURT DEEMS PROPER. 63,673
THE COURT IN SUCH PROCEEDING MAY MAKE, ENTER, AND ENFORCE 63,675
SUCH OTHER JUDGMENTS AND ORDERS AND GRANT SUCH OTHER RELIEF AS IS 63,676
NECESSARY OR INCIDENTAL TO THE ENFORCEMENT OF THE CLAIMS AND LIEN 63,677
OF THE STATE. 63,678
IN THE PERFORMANCE OF THE DUTIES ENJOINED UPON THE ATTORNEY 63,680
GENERAL BY THIS DIVISION, THE ATTORNEY GENERAL MAY DIRECT ANY 63,681
PROSECUTING ATTORNEY TO BRING AN ACTION, AS AUTHORIZED BY THIS 63,682
DIVISION, IN THE NAME OF THE STATE WITH RESPECT TO ANY DELINQUENT 63,683
QUALIFYING ENTITIES WITHIN THE PROSECUTING ATTORNEY'S COUNTY, AND 63,684
LIKE PROCEEDINGS AND ORDERS SHALL BE HAD AS IF SUCH ACTION WERE 63,685
INSTITUTED BY THE ATTORNEY GENERAL.
(D) IF ANY QUALIFYING ENTITY FAILS TO MAKE AND FILE THE 63,687
REPORTS OR RETURNS REQUIRED UNDER THIS CHAPTER, OR TO PAY THE 63,688
PENALTIES PROVIDED BY LAW FOR FAILURE TO MAKE AND FILE SUCH 63,689
REPORTS OR RETURNS FOR A PERIOD OF NINETY DAYS AFTER THE TIME 63,691
PRESCRIBED BY THIS CHAPTER, THE ATTORNEY GENERAL, ON THE REQUEST 63,692
OF THE TAX COMMISSIONER, SHALL COMMENCE AN ACTION IN QUO WARRANTO 63,693
IN THE COURT OF APPEALS OF THE COUNTY IN WHICH THAT QUALIFYING
ENTITY HAS ITS PRINCIPAL PLACE OF BUSINESS TO FORFEIT AND ANNUL 63,694
ITS PRIVILEGES AND FRANCHISES. IF THE COURT IS SATISFIED THAT 63,695
ANY SUCH QUALIFYING ENTITY IS IN DEFAULT, IT SHALL RENDER 63,696
JUDGMENT OUSTING SUCH QUALIFYING ENTITY FROM THE EXERCISE OF ITS 63,697
1435
PRIVILEGES AND FRANCHISES WITHIN THIS STATE, AND SHALL OTHERWISE 63,698
PROCEED AS PROVIDED IN SECTIONS 2733.02 TO 2733.39 OF THE REVISED 63,699
CODE.
(E) WITH THE ADVICE AND CONSENT OF THE TAX COMMISSIONER, 63,701
THE ATTORNEY GENERAL MAY, BEFORE OR AFTER ANY ACTION FOR THE 63,702
RECOVERY OF TAXES IMPOSED UNDER SECTION 5733.41 OR 5747.41 OF THE 63,703
REVISED CODE, OR INTEREST OR PENALTIES THEREON AND CERTIFIED TO 63,705
THE ATTORNEY GENERAL AS DELINQUENT, COMPROMISE OR SETTLE ANY
CLAIM FOR DELINQUENT TAXES, INTEREST, OR PENALTIES SO CERTIFIED. 63,706
Sec. 5747.452. EVERY QUALIFYING ENTITY REQUIRED BY LAW TO 63,710
MAKE RETURNS, STATEMENTS, OR REPORTS TO THE TAX COMMISSIONER 63,711
SHALL FILE WITH SUCH RETURNS, STATEMENTS, AND REPORTS AN 63,712
AFFIDAVIT SUBSCRIBED AND SWORN TO BY A PERSON, TRUSTEE OR OTHER 63,713
FIDUCIARY, OR OFFICER HAVING KNOWLEDGE OF THE FACTS SETTING FORTH 63,714
THAT THE QUALIFYING ENTITY HAS NOT, DURING THE PRECEDING YEAR, 63,715
EXCEPT AS PERMITTED BY SECTIONS 3517.082, 3599.03, AND 3599.031 63,716
OF THE REVISED CODE, DIRECTLY OR INDIRECTLY PAID, USED OR 63,717
OFFERED, CONSENTED, OR AGREED TO PAY OR USE ANY OF ITS MONEY OR 63,718
PROPERTY FOR OR IN AID OF OR OPPOSITION TO A POLITICAL PARTY, A 63,719
CANDIDATE FOR ELECTION OR NOMINATION TO PUBLIC OFFICE, OR A 63,720
POLITICAL ACTION COMMITTEE, LEGISLATIVE CAMPAIGN FUND, OR
ORGANIZATION THAT SUPPORTS OR OPPOSES ANY SUCH CANDIDATE OR IN 63,721
ANY MANNER USED ANY OF ITS MONEY OR PROPERTY FOR ANY PARTISAN 63,722
POLITICAL PURPOSE WHATEVER, OR FOR THE REIMBURSEMENT OR 63,723
INDEMNIFICATION OF ANY PERSON FOR MONEY OR PROPERTY SO USED. SUCH 63,725
FORMS OF AFFIDAVIT AS THE COMMISSIONER PRESCRIBES SHALL BE
ATTACHED TO OR MADE A PART OF THE RETURN, STATEMENT, OR REPORT 63,726
REQUIRED TO BE MADE BY THE QUALIFYING ENTITY. 63,727
THE TAX COMMISSIONER SHALL PRESCRIBE THE FORM OF THE 63,729
AFFIDAVIT.
Sec. 5747.453. AN EMPLOYEE OR BENEFICIARY OF, OR INVESTOR 63,733
IN, A QUALIFYING ENTITY HAVING CONTROL OR SUPERVISION OF, OR 63,735
CHARGED WITH THE RESPONSIBILITY FOR, FILING RETURNS AND MAKING 63,736
PAYMENTS, OR ANY TRUSTEE OR OTHER FIDUCIARY, OFFICER, MEMBER, OR 63,737
1436
MANAGER OF THE QUALIFYING ENTITY WHO IS RESPONSIBLE FOR THE
EXECUTION OF THE QUALIFYING ENTITY'S FISCAL RESPONSIBILITIES, IS 63,738
PERSONALLY LIABLE FOR THE FAILURE TO FILE ANY REPORT OR TO PAY 63,739
ANY TAX DUE AS REQUIRED BY SECTIONS 5733.41 AND 5747.40 TO 63,740
5747.453 OF THE REVISED CODE. THE DISSOLUTION, TERMINATION, OR 63,741
BANKRUPTCY OF A QUALIFYING ENTITY DOES NOT DISCHARGE A
RESPONSIBLE TRUSTEE'S, FIDUCIARY'S, OFFICER'S, MEMBER'S, 63,742
MANAGER'S, EMPLOYEE'S, INVESTOR'S, OR BENEFICIARY'S LIABILITY FOR 63,743
FAILURE OF THE QUALIFYING ENTITY TO FILE ANY REPORT OR PAY ANY 63,744
TAX DUE AS REQUIRED BY THOSE SECTIONS. THE SUM DUE FOR THE 63,745
LIABILITY MAY BE COLLECTED BY ASSESSMENT IN THE MANNER PROVIDED 63,747
IN SECTION 5747.13 OF THE REVISED CODE.
Sec. 5747.98. (A) To provide a uniform procedure for 63,759
calculating the amount of tax due under section 5747.02 of the 63,760
Revised Code, a taxpayer shall claim any credits to which the 63,761
taxpayer is entitled in the following order: 63,763
(1) The retirement income credit under division (B) of 63,765
section 5747.055 of the Revised Code; 63,766
(2) The senior citizen credit under division (C) of 63,768
section 5747.05 of the Revised Code; 63,769
(3) The lump sum distribution credit under division (D) of 63,771
section 5747.05 of the Revised Code; 63,772
(4) The dependent care credit under section 5747.054 of 63,774
the Revised Code; 63,775
(5) The lump sum retirement income credit under division 63,777
(C) of section 5747.055 of the Revised Code; 63,778
(6) The lump sum retirement income credit under division 63,780
(D) of section 5747.055 of the Revised Code; 63,781
(7) The lump sum retirement income credit under division 63,783
(E) of section 5747.055 of the Revised Code; 63,784
(8) The credit for displaced workers who pay for job 63,786
training under section 5747.27 of the Revised Code; 63,787
(9) The campaign contribution credit under section 5747.29 63,789
of the Revised Code; 63,790
1437
(10) The twenty-dollar personal exemption credit under 63,792
section 5747.022 of the Revised Code; 63,793
(11) The joint filing credit under division (G) of section 63,796
5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of section 63,799
5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income under 63,802
division (B) of section 5747.05 of the Revised Code;
(14) The credit for manufacturing investments under 63,804
section 5747.051 of the Revised Code; 63,805
(15) The credit for purchases of new manufacturing 63,807
machinery and equipment under section 5747.26 or section 5747.261 63,808
of the Revised Code;
(16) The second credit for purchases of new manufacturing 63,810
machinery and equipment under section 5747.31 of the Revised 63,811
Code;
(17) The enterprise zone credit under section 5709.66 of 63,813
the Revised Code;
(18) The credit for the eligible costs associated with a 63,815
voluntary action under section 5747.32 of the Revised Code; 63,816
(19) The credit for purchases of qualifying grape 63,818
production property under section 5747.28 of the Revised Code; 63,819
(20) The export sales credit under section 5747.057 of the 63,822
Revised Code;
(20)(21) The credit for research and development and 63,824
technology transfer investors under section 5747.33 of the 63,825
Revised Code;
(21)(22) The enterprise zone credits under section 5709.65 63,828
of the Revised Code;
(22)(23) The refundable jobs creation credit under section 63,831
5747.058 of the Revised Code;
(24) THE REFUNDABLE CREDIT FOR TAXES PAID BY A QUALIFYING 63,833
PASS-THROUGH ENTITY GRANTED UNDER SECTION 5747.059 OF THE REVISED 63,834
CODE.
1438
(B) For any credit except the refundable jobs creation 63,836
credit AND THE REFUNDABLE CREDIT FOR TAXES PAID BY A QUALIFYING 63,837
PASS-THROUGH ENTITY, the amount of the credit for a taxable year 63,838
shall not exceed the tax due after allowing for any other credit 63,839
that precedes it in the order required under this section. Any 63,840
excess amount of a particular credit may be carried forward if 63,841
authorized under the section creating that credit. 63,842
Sec. 5749.06. Each severer liable for the tax imposed by 63,851
section 5749.02 of the Revised Code shall make and file returns 63,852
in the prescribed form and as of the prescribed times, computing 63,853
and reflecting therein the tax as required by this chapter. 63,854
The returns shall be filed for every quarterly period, 63,856
which periods shall end on the thirty-first of March, the 63,857
thirtieth day of June, the thirtieth day of September, and the 63,858
thirty-first day of December of each year, as required by this 63,859
section, unless a different return period is prescribed for a 63,860
taxpayer by the tax commissioner. 63,861
A separate return shall be filed for each calendar 63,863
quarterly period, or other period, or any part thereof, during 63,864
which the severer holds a license as provided by section 5749.04 63,865
of the Revised Code, or is required to hold such license, and 63,866
such return shall be filed within forty-five days after the last 63,867
day of each such calendar month, or other period, or any part 63,868
thereof, for which such return is required and shall include 63,869
remittance payable to the treasurer of state of the amount of tax 63,870
due. All such returns shall contain such information as the 63,871
commissioner may require to fairly administer the tax. 63,872
All returns shall be signed by the severer, shall contain 63,874
the full and complete information requested, and shall be made 63,875
under penalty of perjury. 63,876
If the commissioner believes that quarterly payments of tax 63,878
would result in a delay which might jeopardize the collection of 63,879
such tax payments, he THE COMMISSIONER may order that such 63,880
payments be made weekly, or more frequently if necessary, such 63,882
1439
payments to be made not later than seven days following the close 63,883
of the period for which the jeopardy payment is required. Such 63,884
an order shall be delivered to the taxpayer personally or by 63,885
certified mail and shall remain in effect until the commissioner 63,886
notifies the taxpayer to the contrary. 63,887
Upon good cause the commissioner may extend the period for 63,889
filing any notice or return required to be filed under this 63,890
section, and may adopt rules therefor. If the extension results 63,891
in extension of time for the payment of the amount of tax with 63,892
respect to which the return is filed, the taxpayer shall pay at 63,893
the date that the tax is paid, an amount of REMIT ALL OR A PART 63,895
OF PENALTIES THAT MAY BECOME DUE UNDER THIS CHAPTER. 63,896
ANY TAX NOT PAID BY THE DAY THE TAX IS DUE SHALL BEAR 63,898
interest computed at the rate per annum prescribed by section 63,900
5703.47 of the Revised Code on that amount of tax due from the 63,901
time DAY that such amount was originally required to be paid to 63,902
the time DAY of actual payment. 63,903
All amounts of taxes remaining unpaid after the time such 63,905
amounts are required to be paid shall bear interest on the amount 63,906
unpaid. The interest shall be computed at the rate per annum 63,907
prescribed by section 5703.47 of the Revised Code OR TO THE DAY 63,908
AN ASSESSMENT WAS ISSUED UNDER SECTION 5749.07 OR 5749.10 OF THE 63,909
REVISED CODE, WHICHEVER OCCURS FIRST. 63,910
Sec. 5749.07. (A) If any severer required by this chapter 63,920
to make and file returns and pay the tax levied by section 63,921
5749.02 of the Revised Code, fails to make such return or pay 63,922
such tax, the tax commissioner may make an assessment against the 63,923
severer based upon any information in the commissioner's 63,924
possession. 63,925
No assessment shall be made or issued against any severer 63,927
for any tax imposed by section 5749.02 of the Revised Code more 63,928
than four years after the return was due or was filed, whichever 63,929
is later. This section does not bar an assessment against a 63,930
severer who fails to file a return as required by this chapter, 63,931
1440
or who files a fraudulent return. 63,932
The commissioner shall give the party assessed written 63,934
notice of such assessment by personal service or certified mail. 63,935
Any tax assessed shall continue to accrue interest as prescribed 63,936
in section 5749.06 of the Revised Code. 63,937
(B) Unless the party to whom such notice of assessment is 63,939
directed files with the commissioner within thirty days after 63,940
service of the notice assessment, either personally or by 63,941
certified mail, a petition for reassessment in writing, signed by 63,942
the party assessed, or by his AN authorized agent OF THE PARTY 63,944
ASSESSED having knowledge of the facts, the assessment shall 63,945
become conclusive FINAL and the amount of the assessment shall be 63,947
due and payable from the party assessed to the treasurer of 63,948
state. The petition shall indicate the objections of the party 63,949
assessed, but additional objections may be raised in writing if 63,950
received prior to the date shown on the final determination by 63,951
the commissioner.
Unless the petitioner waives a hearing, the commissioner 63,953
shall assign a time and place for the hearing on the petition and 63,954
notify the petitioner of the time and place of the hearing by 63,955
personal service or certified mail, but the commissioner may 63,956
continue the hearing from time to time if necessary. 63,957
The commissioner may make such correction to his THE 63,959
assessment as he THE COMMISSIONER finds proper. The commissioner 63,960
shall serve a copy of his THE final determination on the 63,962
petitioner by personal service or by certified mail, and his THE 63,963
COMMISSIONER'S decision in the matter shall be final, subject to 63,965
appeal as provided in section 5717.02 of the Revised Code. Only 63,966
objections decided on the merits by the board of tax appeals or a 63,967
court shall be given collateral estoppel or res judicata effect 63,968
in considering an application for refund of amounts paid pursuant 63,969
to the assessment.
(C) After an assessment becomes final, if any portion of 63,971
the assessment remains unpaid, INCLUDING ACCRUED INTEREST, a 63,972
1441
certified copy of the commissioner's entry making the assessment 63,974
final may be filed in the office of the clerk of the court of 63,975
common pleas in the county in which the party assessed resides or 63,976
in which the party's business is conducted. If the party 63,977
assessed maintains no place of business in this state and is not 63,978
a resident of this state, the certified copy of the entry may be 63,979
filed in the office of the clerk of the court of common pleas of 63,980
Franklin county.
The clerk, immediately upon the filing of such entry, shall 63,982
enter a judgment for the state against the party assessed in the 63,983
amount shown on the entry. The judgment may be filed by the 63,984
clerk in a loose-leaf book entitled "special judgments for state 63,985
severance tax."," AND SHALL HAVE THE SAME EFFECT AS OTHER 63,987
JUDGMENTS. EXECUTION SHALL ISSUE UPON THE JUDGMENT UPON THE 63,988
REQUEST OF THE TAX COMMISSIONER, AND ALL LAWS APPLICABLE TO SALES 63,989
ON EXECUTION SHALL APPLY TO SALES MADE UNDER THE JUDGMENT.
From the date of the filing of the entry in the clerk's 63,991
office, the unpaid THE portion of the assessment NOT PAID WITHIN 63,992
THIRTY DAYS AFTER THE DAY THE ASSESSMENT ISSUED shall bear 63,993
interest at the rate per annum prescribed by section 5703.47 of 63,995
the Revised Code and shall have the same effect as other 63,997
judgments. Execution shall issue upon the judgment upon request 63,998
of the commissioner, and all laws applicable to sales on 63,999
execution shall be applicable to sales made under the judgment 64,000
FROM THE DAY THE TAX COMMISSIONER ISSUES THE ASSESSMENT UNTIL IT 64,002
IS PAID. INTEREST SHALL BE PAID IN THE SAME MANNER AS THE TAX
AND MAY BE COLLECTED BY THE ISSUANCE OF AN ASSESSMENT UNDER THIS 64,003
SECTION.
(D) All money collected by the commissioner under this 64,005
section shall be paid to the treasurer of state, and when paid 64,006
shall be considered as revenue arising from the tax imposed by 64,007
section 5749.02 of the Revised Code. 64,008
Sec. 5749.10. If the tax commissioner finds that a 64,017
taxpayer, liable for tax under this chapter is about to depart 64,018
1442
from the state, or remove his THE TAXPAYER'S property therefrom, 64,019
or conceal himself THE TAXPAYER'S PERSON or his property, or do 64,021
any other act tending to prejudice or to render wholly or partly 64,023
ineffectual proceedings to collect such tax unless such 64,024
proceedings are brought without delay, or if the commissioner 64,025
believes that the collection of the amount due from any taxpayer 64,026
will be jeopardized by delay, he THE COMMISSIONER shall give 64,027
notice of such findings to such taxpayer together with the demand 64,028
for an immediate return and immediate payment of such tax, with 64,029
penalty as provided in section 5749.15 of the Revised Code, 64,030
whereupon such tax shall become immediately due and payable. In 64,031
such cases the commissioner may immediately file his AN entry 64,032
with the clerk of the court of common pleas in the same manner 64,034
and with the same effect as provided in section 5749.07 of the 64,035
Revised Code, provided, that if such taxpayer, within five days 64,036
from notice of the assessment, furnishes evidence satisfactory to 64,037
the commissioner, under the regulations prescribed by the 64,038
commissioner, that he THE TAXPAYER is not in default in making 64,039
returns or paying any tax prescribed by this chapter, or that he 64,041
THE TAXPAYER will duly return and pay, or post bond satisfactory 64,043
to the commissioner conditioned upon payment of the tax finally 64,044
determined to be due, then such tax shall not be payable prior to 64,045
the time and manner otherwise fixed for payment under section 64,046
5749.07 of the Revised Code, and the person assessed shall be 64,047
restored the rights granted him under such section. Upon 64,048
satisfaction of the assessment the commissioner shall order the 64,049
bond cancelled, securities released, and judgment vacated. 64,050
ANY ASSESSMENT ISSUED UNDER THIS SECTION SHALL BEAR 64,052
INTEREST AS PRESCRIBED UNDER SECTION 5749.07 OF THE REVISED CODE. 64,053
Sec. 5902.01. There is hereby established within the 64,062
office of the governor the governor's office of veterans affairs. 64,063
The governor shall appoint, with the advice and consent of the 64,064
senate, a chief executive assistant, who shall be an honorably 64,065
discharged or honorably separated veteran of the United States
1443
armed forces, to be known as director of the governor's office of 64,066
veterans affairs. The governor's office of veterans affairs 64,067
shall employ such other administrative and technical personnel as 64,068
are necessary to perform the general and specific duties of the 64,069
office. The administrative assistants AND TECHNICAL PERSONNEL 64,070
shall be honorably discharged or honorably separated veterans of 64,071
the United States armed forces, AND SHALL BE EMPLOYED IN THE 64,072
CLASSIFIED SERVICE AND NOT BE CONSIDERED EMPLOYEES OF THE 64,073
GOVERNOR'S OFFICE FOR PURPOSES OF DIVISION (A)(16) OF SECTION 64,074
124.11 OF THE REVISED CODE. Each individual employed in the
clerical staff shall be an honorably discharged or honorably 64,076
separated veteran or, if a qualified veteran is not available, 64,077
the spouse, surviving spouse, child, or parent of an honorably 64,078
discharged or honorably separated veteran, AND SHALL BE EMPLOYED 64,079
IN THE CLASSIFIED SERVICE AND NOT BE CONSIDERED AN EMPLOYEE OF
THE GOVERNOR'S OFFICE FOR PURPOSES OF DIVISION (A)(16) OF SECTION 64,080
124.11 OF THE REVISED CODE. 64,081
Sec. 5910.04. Scholarships granted under sections 5910.01 64,090
to 5910.06 of the Revised Code shall consist of either of the 64,091
following: 64,092
(A) An exemption from the payment of ONE HUNDRED PER CENT 64,094
OF THE general and instructional fees at colleges and 64,096
universities which receive support from the state of Ohio and are 64,097
approved by the chancellor of the board of regents, EXCEPT THAT 64,099
THE PERCENTAGE MAY BE REDUCED BY THE WAR ORPHANS SCHOLARSHIP 64,100
BOARD IN ANY YEAR THAT INSUFFICIENT FUNDS ARE APPROPRIATED TO 64,101
FULLY FUND SCHOLARSHIPS FOR ALL ELIGIBLE STUDENTS;
(B) A grant to an eligible child who is enrolled in an 64,103
institution that has received a certificate of authorization from 64,104
the board of regents under Chapter 1713. of the Revised Code or 64,105
is enrolled in an institution that has received a certificate of 64,106
registration from the state board of school and college 64,107
registration. Students who attend an institution that holds a 64,108
certificate of registration shall be enrolled in either a program 64,109
1444
leading to an associate degree or a program leading to a 64,110
bachelor's degree for which associate or bachelor's degree 64,111
program the institution has received program authorization issued 64,112
under section 3332.05 of the Revised Code to offer such degree 64,113
program. The grant shall be paid to the child through the 64,114
institution in which he THE CHILD is enrolled, and shall equal 64,115
ONE HUNDRED PER CENT OF the average value of all scholarships 64,117
granted under division (A) of this section during the preceding 64,118
year, EXCEPT THAT THE PERCENTAGE MAY BE REDUCED BY THE WAR 64,120
ORPHANS SCHOLARSHIP BOARD IN ANY YEAR THAT INSUFFICIENT FUNDS ARE
APPROPRIATED TO FULLY FUND SCHOLARSHIPS FOR ALL ELIGIBLE 64,121
STUDENTS. In no case shall the grant exceed the total general 64,123
and instructional charges of the institution. 64,124
THE BOARD SHALL NOT REDUCE THE PERCENTAGE TO BE PAID FOR 64,126
SCHOLARSHIPS AWARDED PURSUANT TO SECTION 5910.032 OF THE REVISED 64,128
CODE BELOW ONE HUNDRED PER CENT.
Sec. 6109.21. (A) Except as provided in divisions (D) and 64,138
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 64,139
without a license issued by the director of environmental 64,140
protection. A person who operates or maintains a public water 64,141
system on January 1, 1994, shall obtain an initial license under 64,142
this section in accordance with the following schedule: 64,143
(1) If the public water system is a community water 64,145
system, not later than January 31, 1994; 64,146
(2) If the public water system is not a community water 64,148
system and serves a nontransient population, not later than 64,149
January 31, 1994; 64,150
(3) If the public water system is not a community water 64,152
system and serves a transient population, not later than January 64,153
31, 1995. 64,154
A person proposing to operate or maintain a new public 64,156
water system after January 1, 1994, in addition to complying with 64,157
section 6109.07 of the Revised Code and rules adopted under it, 64,158
1445
shall submit an application for an initial license under this 64,159
section to the director prior to commencing operation of the 64,160
system. 64,161
A license or license renewal issued under this section 64,163
shall be renewed annually. Such a license or license renewal 64,164
shall expire on the thirtieth day of January in the year 64,165
following its issuance. A license holder that proposes to 64,166
continue operating the public water system for which the license 64,167
or license renewal was issued shall apply for a license renewal 64,168
at least thirty days prior to that expiration date. 64,169
The director shall adopt, and may amend and rescind, rules 64,171
in accordance with Chapter 119. of the Revised Code establishing 64,172
procedures governing and information to be included on 64,173
applications for licenses and license renewals under this 64,174
section. Through June 30, 1998 2000, each application shall be 64,176
accompanied by the appropriate fee established under division (M) 64,178
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 64,179
maintain a new public water system after January 1, 1994, shall 64,180
submit a fee that equals a prorated amount of the appropriate fee 64,181
established under that division for the remainder of the 64,182
licensing year. 64,183
(B) Not later than thirty days after receiving a completed 64,185
application and the appropriate license fee for an initial 64,186
license under division (A) of this section, the director shall 64,187
issue the license for the public water system. Not later than 64,188
thirty days after receiving a completed application and the 64,189
appropriate license fee for a license renewal under division (A) 64,190
of this section, the director shall do one of the following: 64,191
(1) Issue the license renewal for the public water system; 64,193
(2) Issue the license renewal subject to terms and 64,195
conditions that the director determines are necessary to ensure 64,196
compliance with this chapter and rules adopted under it; 64,198
(3) Deny the license renewal if the director finds that 64,200
1446
the public water system was not operated in substantial 64,201
compliance with this chapter and rules adopted under it. 64,202
(C) The director may suspend or revoke a license or 64,204
license renewal issued under this section if the director finds 64,205
that the public water system was not operated in substantial 64,207
compliance with this chapter and rules adopted under it. The 64,208
director shall adopt, and may amend and rescind, rules in 64,209
accordance with Chapter 119. of the Revised Code governing such 64,210
suspensions and revocations. 64,211
(D)(1) As used in division (D) of this section, "church" 64,213
means a fellowship of believers, congregation, society, 64,214
corporation, convention, or association that is formed primarily 64,215
or exclusively for religious purposes and that is not formed or 64,216
operated for the private profit of any person. 64,218
(2) This section does not apply to a church that operates 64,220
or maintains a public water system solely to provide water for 64,221
that church or for a campground that is owned by the church and 64,222
operated primarily or exclusively for members of the church and 64,223
their families. A church that, on or before the effective date 64,224
of this amendment, has obtained a license under this section for 64,225
such a public water system need not obtain a license renewal 64,226
under this section.
(E) This section does not apply to any public or nonpublic 64,228
school that meets minimum standards of the state board of 64,229
education that operates or maintains a public water system solely 64,230
to provide water for that school. 64,231
Section 2. That existing sections 3.17, 3.24, 9.06, 64,233
101.23, 101.27, 101.35, 102.02, 103.143, 103.21, 107.30, 107.40, 64,234
111.15, 111.16, 117.44, 119.01, 120.04, 120.33, 121.04, 121.08, 64,235
121.37, 121.38, 121.40, 121.52, 122.15, 122.151, 122.152, 64,236
122.153, 122.154, 122.17, 122.18, 122.29, 122.73, 122.89, 64,237
124.136, 124.15, 124.152, 124.18, 124.181, 124.34, 124.382, 64,238
124.383, 124.385, 124.391, 125.04, 125.05, 125.13, 125.15,
125.22, 125.28, 125.42, 125.83, 125.831, 125.87, 126.07, 126.12, 64,241
1447
126.21, 126.26, 127.16, 131.35, 131.44, 135.142, 145.73, 149.303, 64,242
149.331, 164.08, 164.09, 169.02, 169.03, 169.05, 169.08, 171.05, 64,243
173.02, 175.21, 181.52, 307.86, 321.46, 329.04, 329.06, 718.01, 64,245
924.10, 1309.32, 1309.39, 1309.40, 1309.41, 1309.42, 1309.43, 64,246
1310.37, 1503.05, 1503.141, 1506.21, 1506.22, 1506.23, 1513.29, 64,248
1513.30, 1515.09, 1517.11, 1557.06, 1703.03, 1703.05, 1703.07, 64,250
1703.12, 1703.22, 1703.26, 1703.27, 1707.041, 1707.44, 1731.07, 64,251
1785.01, 2113.07, 2151.23, 2151.355, 2151.421, 2744.01, 2744.02, 64,252
2744.03, 2744.05, 2941.51, 3301.075, 3301.0711, 3301.0714, 64,254
3301.0719, 3301.80, 3307.01, 3309.01, 3311.053, 3311.056, 64,255
3313.172, 3313.372, 3313.871, 3313.975, 3316.03, 3316.04,
3317.01, 3317.02, 3317.022, 3317.023, 3317.0212, 3317.0213, 64,258
3317.03, 3317.08, 3317.10, 3317.11, 3317.14, 3318.02, 3318.03, 64,259
3318.041, 3319.17, 3332.07, 3333.12, 3333.20, 3333.27, 3334.01, 64,261
3334.03, 3334.08, 3334.09, 3334.10, 3334.11, 3334.17, 3345.11, 64,262
3345.12, 3345.50, 3345.51, 3365.01, 3365.02, 3365.021, 3365.03, 64,263
3365.06, 3383.01, 3383.08, 3501.10, 3501.11, 3501.17, 3501.28, 64,264
3701.14, 3701.261, 3701.502, 3701.74, 3702.30, 3702.511, 3702.68, 64,265
3705.24, 3719.02, 3719.021, 3729.40, 3734.18, 3734.57, 3734.82, 64,267
3734.904, 3734.907, 3737.02, 3745.11, 3745.21, 3745.25, 3746.121, 64,268
3748.07, 3748.12, 3748.13, 3769.088, 3769.10, 3770.01, 3770.02, 64,270
3770.06, 3773.43, 3773.56, 3781.061, 3781.182, 3793.10, 3901.17, 64,271
3905.30, 3905.34, 3905.35, 3905.36, 3905.37, 3917.01, 3918.01, 64,273
3918.02, 3921.30, 3960.03, 4111.01, 4117.01, 4117.02, 4117.06, 64,275
4121.39, 4123.31, 4123.418, 4301.10, 4301.12, 4301.17, 4301.19, 64,277
4301.24, 4301.30, 4301.43, 4305.13, 4305.131, 4509.101, 4511.102, 64,278
4511.191, 4511.83, 4701.20, 4703.16, 4703.50, 4709.06, 4713.19, 64,279
4715.06, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27, 64,280
4715.35, 4717.06, 4717.07, 4717.09, 4717.18, 4723.08, 4723.24, 64,281
4723.28, 4723.31, 4723.41, 4723.46, 4723.56, 4723.59, 4725.06, 64,282
4725.45, 4729.15, 4729.29, 4729.51, 4729.52, 4729.54, 4729.55, 64,283
4729.65, 4731.09, 4731.10, 4731.14, 4731.15, 4731.17, 4731.22, 64,286
4731.24, 4731.26, 4731.281, 4731.291, 4731.38, 4731.40, 4731.53, 64,287
4731.56, 4732.04, 4733.08, 4734.07, 4734.16, 4735.01, 4735.05,
1448
4736.06, 4740.03, 4741.03, 4741.17, 4741.25, 4743.05, 4747.03, 64,290
4749.02, 4751.06, 4751.07, 4753.04, 4753.08, 4753.12, 4755.10, 64,292
4755.12, 4755.40, 4755.41, 4755.43, 4755.47, 4755.48, 4755.49, 64,293
4755.64, 4755.99, 4757.22, 4757.23, 4757.31, 4759.08, 4763.01, 64,294
4767.01, 4901.10, 4901.19, 4903.10, 4903.11, 4903.23, 4905.10, 64,296
4905.21, 4905.26, 4905.66, 4905.69, 4905.80, 4905.81, 4911.18, 64,297
4923.12, 4937.02, 4937.05, 4981.09, 5101.02, 5101.06, 5101.07, 64,298
5101.14, 5101.141, 5101.461, 5101.58, 5104.02, 5104.30, 5104.38, 64,299
5104.39, 5111.01, 5111.011, 5111.07, 5111.08, 5111.11, 5111.111, 64,301
5111.17, 5111.18, 5112.04, 5112.18, 5112.21, 5119.02, 5119.03, 64,302
5119.47, 5119.53, 5120.03, 5120.09, 5120.16, 5120.38, 5121.04, 64,303
5122.43, 5123.05, 5123.122, 5123.18, 5123.19, 5123.34, 5126.022, 64,304
5126.08, 5126.356, 5139.01, 5139.03, 5139.04, 5139.07, 5139.34, 64,306
5139.36, 5139.42, 5139.43, 5139.86, 5153.16, 5153.161, 5153.162, 64,307
5301.67, 5301.68, 5301.69, 5701.01, 5701.05, 5703.21, 5709.62, 64,308
5709.63, 5709.632, 5709.66, 5711.22, 5711.32, 5725.01, 5725.18,
5727.111, 5727.12, 5728.09, 5728.10, 5729.03, 5733.01, 5733.02, 64,312
5733.022, 5733.03, 5733.031, 5733.04, 5733.042, 5733.05,
5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 5733.061, 64,313
5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 5733.09, 64,314
5733.11, 5733.12, 5733.121, 5733.26, 5733.31, 5733.311, 5733.32, 64,315
5733.33, 5733.34, 5733.98, 5735.11, 5735.12, 5735.121, 5739.01, 64,316
5739.02, 5739.024, 5739.033, 5739.07, 5739.072, 5739.13, 64,317
5739.132, 5739.133, 5739.15, 5739.17, 5741.10, 5741.101, 5741.14, 64,318
5743.081, 5743.082, 5743.52, 5743.56, 5747.01, 5747.02, 5747.025, 64,319
5747.03, 5747.057, 5747.062, 5747.07, 5747.072, 5747.08, 5747.11, 64,320
5747.12, 5747.13, 5747.14, 5747.15, 5747.18, 5747.20, 5747.21, 64,321
5747.22, 5747.26, 5747.261, 5747.30, 5747.31, 5747.32, 5747.98, 64,322
5749.06, 5749.07, 5749.10, 5902.01, 5910.04, and 6109.21; 64,323
existing section 122.19 as it results from Sub. H.B. 441 of the 64,324
121st General Assembly; and sections 125.94, 164.13, 173.07, 64,325
329.07, 901.41, 901.42, 1703.08, 1703.09, 1703.10, 1703.11, 64,326
1703.14, 2503.14, 2503.15, 2503.16, 2503.18, 3781.21, 3905.33, 64,327
3921.32, 4743.04, 5111.171, 5111.85, 5119.25, 5119.28, 5123.06, 64,330
1449
5123.32, 5153.164, and 5747.23 of the Revised Code are hereby 64,331
repealed.
Section 3. Section 3319.223 of the Revised Code is hereby 64,333
repealed, effective January 1, 2002. 64,334
Section 4. Section 5725.181 of the Revised Code is hereby 64,336
repealed effective January 1, 2003. 64,338
Section 5. (A) That sections 5753.01, 5753.02, 5753.03, 64,340
5753.04, 5753.05, 5753.06, 5753.07, 5753.08, 5753.09, 5753.10, 64,342
5753.11, 5753.12, 5753.13, 5753.14, 5753.15, 5753.16, and 5753.99 64,344
of the Revised Code are hereby repealed, effective January 1, 64,346
1999.
(B) The repeal in division (A) of this section is subject 64,348
to the referendum. Therefore, under Ohio Constitution, Article 64,350
II, Section 1c and section 1.471 of the Revised Code, the repeal 64,352
takes effect on the ninety-first day after this act is filed with 64,354
the Secretary of State. If, however, a referendum petition is 64,356
filed against the repeal, the repeal, unless rejected at the 64,357
referendum, takes effect at the earliest time permitted by law. 64,358
Section 6. That section 2151.355 of the Revised Code, as 64,360
amended by Am. Sub. H.B. 124 of the 121st General Assembly, be 64,362
amended to read as follows: 64,363
Sec. 2151.355. (A) If a child is adjudicated a delinquent 64,372
child, the court may make any of the following orders of 64,374
disposition:
(1) Any order that is authorized by section 2151.353 of 64,376
the Revised Code; 64,377
(2) Place the child on probation under any conditions that 64,379
the court prescribes. If the child is adjudicated a delinquent 64,380
child for violating section 2909.05, 2909.06, or 2909.07 of the 64,382
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 64,383
make restitution for the property damage caused by the child's 64,384
violation as a condition of the child's probation. If the child 64,386
is adjudicated a delinquent child because the child violated any 64,387
1450
other section of the Revised Code, the court may require the 64,388
child as a condition of the child's probation to make restitution 64,389
for the property damage caused by the child's violation and for 64,390
the value of the property that was the subject of the violation 64,391
the child committed if it would be a theft offense, as defined in 64,392
division (K) of section 2913.01 of the Revised Code, if committed 64,393
by an adult. The restitution may be in the form of a cash 64,394
reimbursement paid in a lump sum or in installments, the 64,395
performance of repair work to restore any damaged property to its 64,396
original condition, the performance of a reasonable amount of 64,397
labor for the victim approximately equal to the value of the 64,398
property damage caused by the child's violation or to the value 64,399
of the property that is the subject of the violation if it would 64,400
be a theft offense if committed by an adult, the performance of 64,401
community service or community work, any other form of 64,402
restitution devised by the court, or any combination of the 64,403
previously described forms of restitution.
If the child is adjudicated a delinquent child for 64,405
violating a law of this state or the United States, or an 64,406
ordinance or regulation of a political subdivision of this state, 64,407
that would be a crime if committed by an adult or for violating 64,409
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 64,411
probation that the court imposes upon the delinquent child 64,413
pursuant to division (A)(2) of this section, shall require the 64,414
child as a condition of the child's probation to abide by the law 64,415
during the period of probation, including, but not limited to, 64,416
complying with the provisions of Chapter 2923. of the Revised 64,417
Code relating to the possession, sale, furnishing, transfer, 64,418
disposition, purchase, acquisition, carrying, conveying, or use 64,419
of, or other conduct involving a firearm or dangerous ordnance, 64,420
as defined in section 2923.11 of the Revised Code. 64,421
(3) Commit the child to the temporary custody of any 64,423
school, camp, institution, or other facility operated for the 64,425
1451
care of delinquent children by the county, by a district 64,426
organized under section 2151.34 or 2151.65 of the Revised Code, 64,427
or by a private agency or organization, within or without the 64,428
state, that is authorized and qualified to provide the care, 64,429
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 64,431
committing an act that would be a felony of the third, fourth, or 64,432
fifth degree if committed by an adult or for violating division 64,434
(A) of section 2923.211 of the Revised Code, commit the child to 64,435
the legal custody of the department of youth services for 64,436
institutionalization for an indefinite term consisting of a 64,437
minimum period of six months and a maximum period not to exceed 64,438
the child's attainment of twenty-one years of age; 64,439
(5)(a) If the child is adjudicated a delinquent child for 64,441
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 64,442
division (A) of section 2903.04 of the Revised Code or for 64,443
violating any provision of section 2907.02 of the Revised Code 64,444
other than division (A)(1)(b) of that section when the sexual 64,446
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 64,448
than the delinquent child, was the same age as the delinquent 64,449
child, or was less than three years younger than the delinquent 64,450
child, commit the child to the legal custody of the department of 64,451
youth services for institutionalization in a secure facility for 64,452
an indefinite term consisting of a minimum period of one to three 64,453
years, as prescribed by the court, and a maximum period not to 64,454
exceed the child's attainment of twenty-one years of age; 64,455
(b) If the child is adjudicated a delinquent child for 64,458
violating section 2923.02 of the Revised Code and if the 64,459
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 64,461
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 64,462
consisting of a minimum period of six to seven years, as 64,463
1452
prescribed by the court, and a maximum period not to exceed the 64,464
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 64,466
committing an act that is not described in division (A)(5)(a) or 64,467
(b) of this section and that would be a felony of the first or 64,468
second degree if committed by an adult, commit the child to the 64,469
legal custody of the department of youth services for 64,470
institutionalization in a secure facility for an indefinite term 64,471
consisting of a minimum period of one year and a maximum period 64,472
not to exceed the child's attainment of twenty-one years of age; 64,473
(6) If the child is adjudicated a delinquent child for 64,475
committing a violation of section 2903.01 or 2903.02 of the 64,476
Revised Code, commit the child to the legal custody of the 64,478
department of youth services for institutionalization in a secure 64,479
facility until the child's attainment of twenty-one years of age; 64,480
(7)(a) If the child is adjudicated a delinquent child for 64,483
committing an act, other than a violation of section 2923.12 of 64,484
the Revised Code, that would be a felony if committed by an adult 64,485
and is committed to the legal custody of the department of youth 64,486
services pursuant to division (A)(4), (5), or (6) of this section 64,487
and if the court determines that the child, if the child was an 64,488
adult, would be guilty of a specification of the type set forth 64,489
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 64,490
Revised Code in relation to the act for which the child was 64,491
adjudicated a delinquent child, commit the child to the legal 64,492
custody of the department of youth services for
institutionalization in a secure facility for the following 64,493
period of time, subject to division (A)(7)(b) of this section: 64,494
(i) If the child would be guilty of a specification of the 64,496
type set forth in section 2941.141 of the Revised Code, a period 64,497
of one year; 64,498
(ii) If the child would be guilty of a specification of 64,500
the type set forth in section 2941.144, 2941.145, or 2941.146 of 64,501
the Revised Code, a period of three years. 64,502
1453
(b) The court shall not commit a child to the legal 64,505
custody of the department of youth services pursuant to division 64,506
(A)(7)(a) of this section for a period of time that exceeds three 64,507
years. The period of commitment imposed pursuant to division 64,508
(A)(7)(a) of this section shall be in addition to, and shall be 64,509
served consecutively with and prior to, a period of commitment 64,510
ordered pursuant to division (A)(4), (5), or (6) of this section, 64,511
provided that the total of all the periods of commitment shall 64,512
not exceed the child's attainment of twenty-one years of age. 64,513
(8)(a) Impose a fine and costs in accordance with the 64,516
schedule set forth in section 2151.3512 of the Revised Code;
(b) Require the child to make restitution for all or part 64,518
of the property damage caused by the child's delinquent act and 64,519
for all or part of the value of the property that was the subject 64,520
of any delinquent act the child committed that would be a theft 64,521
offense, as defined in division (K) of section 2913.01 of the 64,522
Revised Code, if committed by an adult. If the court determines 64,523
that the victim of the child's delinquent act was sixty-five 64,524
years of age or older or permanently and totally disabled at the 64,525
time of the commission of the act, the court, regardless of 64,526
whether or not the child knew the age of the victim, shall 64,527
consider that fact in favor of imposing restitution, but that 64,528
fact shall not control the decision of the court. The 64,529
restitution may be in the form of a cash reimbursement paid in a 64,530
lump sum or in installments, the performance of repair work to 64,531
restore any damaged property to its original condition, the 64,532
performance of a reasonable amount of labor for the victim, the 64,533
performance of community service or community work, any other 64,534
form of restitution devised by the court, or any combination of 64,535
the previously described forms of restitution. 64,536
(9) Subject to division (D) of this section, suspend or 64,539
revoke the driver's license or temporary instruction permit 64,540
issued to the child or suspend or revoke the registration of all 64,541
motor vehicles registered in the name of the child; 64,542
1454
(10) If the child is adjudicated a delinquent child for 64,544
committing an act that, if committed by an adult, would be a 64,546
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 64,547
Revised Code, impose a period of electronically monitored house 64,548
detention in accordance with division (I) of this section that 64,550
does not exceed the maximum sentence of imprisonment that could 64,551
be imposed upon an adult who commits the same act; 64,552
(11) Commit the child to the temporary or permanent 64,554
custody of the court;
(12) Make any further disposition that the court finds 64,556
proper, except that the child shall not be placed in any OF THE 64,557
FOLLOWING:
(a) A state correctional institution, A county, 64,560
multicounty, or municipal jail or workhouse, or any other ANOTHER 64,561
place in which an adult convicted of a crime, under arrest, or 64,562
charged with a crime is held;
(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD 64,565
BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES 64,566
OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT 64,568
EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY 64,569
OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR 64,570
INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO DIVISION 64,572
(A)(4), (5), OR (6) OF THIS SECTION. AS USED IN DIVISION 64,574
(A)(12)(b) OF THIS SECTION, "COMMUNITY CORRECTIONS FACILITY" AND 64,575
"PUBLIC SAFETY BEDS" HAVE THE SAME MEANINGS AS IN SECTION 5139.01 64,576
OF THE REVISED CODE. 64,578
(B)(1) If a child is adjudicated a delinquent child for 64,581
violating section 2923.32 of the Revised Code, the court, in 64,582
addition to any order of disposition it makes for the child under 64,583
division (A) of this section, shall enter an order of criminal 64,584
forfeiture against the child, in accordance with divisions 64,585
(B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of 64,586
the Revised Code.
1455
(2) If a child is adjudicated a delinquent child for 64,589
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 64,590
adjudication orders the commitment of the child, for two or more 64,591
of those acts, to the legal custody of the department of youth 64,592
services for institutionalization or institutionalization in a 64,593
secure facility pursuant to division (A)(4), (5), or (6) of this 64,594
section, the court may order that all of the periods of 64,595
commitment imposed under those divisions for those acts be served 64,597
consecutively in the legal custody of the department of youth 64,598
services and, if applicable, be in addition to and commence 64,599
immediately following the expiration of a period of commitment 64,600
that the court imposes pursuant to division (A)(7) of this 64,601
section. A court shall not commit a delinquent child to the 64,602
legal custody of the department of youth services under division 64,603
(B)(2) of this section for a period that exceeds the child's 64,604
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 64,606
committing an act that, if committed by an adult, would be a drug 64,608
abuse offense, as defined in section 2925.01 of the Revised Code, 64,609
or for violating division (B) of section 2917.11 of the Revised 64,610
Code, in addition to imposing in its discretion any other order 64,611
of disposition authorized by this section, the court shall do 64,612
both of the following:
(1) Require the child to participate in a drug abuse or 64,614
alcohol abuse counseling program; 64,615
(2) Suspend or revoke the temporary instruction permit or 64,617
probationary operator's license issued to the child until the 64,618
child attains eighteen years of age or attends, at the discretion 64,620
of the court, and satisfactorily completes, a drug abuse or 64,621
alcohol abuse education, intervention, or treatment program 64,622
specified by the court. During the time the child is attending 64,623
the program, the court shall retain any temporary instruction 64,624
permit or probationary license issued to the child, and the court
1456
shall return the permit or license when the child satisfactorily 64,625
completes the program. 64,626
(D) If a child is adjudicated a delinquent child for 64,629
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 64,631
division (A), (B), or (C) of this section, shall revoke the 64,633
temporary instruction permit and deny the child the issuance of 64,634
another temporary instruction permit in accordance with division 64,635
(E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the probationary driver's license, restricted license, or 64,638
nonresident operating privilege of the child or deny the child 64,639
the issuance of a probationary driver's license, restricted 64,640
license, or temporary instruction permit in accordance with 64,641
division (E)(1)(a), (c), (d), or (e) of section 2923.122 of the 64,642
Revised Code.
(E)(1) At the dispositional hearing and prior to making 64,644
any disposition pursuant to division (A) of this section, the 64,645
court shall determine whether a victim of the delinquent act 64,646
committed by the child was five years of age or younger at the 64,647
time the delinquent act was committed, whether a victim of the 64,648
delinquent act sustained physical harm to the victim's person 64,649
during the commission of or otherwise as a result of the 64,650
delinquent act, whether a victim of the delinquent act was 64,651
sixty-five years of age or older or permanently and totally 64,652
disabled at the time the delinquent act was committed, and 64,653
whether the delinquent act would have been an offense of violence 64,654
if committed by an adult. If the victim was five years of age or 64,655
younger at the time the delinquent act was committed, sustained 64,656
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 64,657
years of age or older or permanently and totally disabled at the 64,659
time the act was committed, regardless of whether the child knew 64,660
the age of the victim, and if the act would have been an offense 64,661
of violence if committed by an adult, the court shall consider 64,662
1457
those facts in favor of imposing commitment under division 64,663
(A)(3), (4), (5), or (6) of this section, but those facts shall 64,664
not control the court's decision.
(2) At the dispositional hearing and prior to making any 64,666
disposition pursuant to division (A)(4), (5), or (6) of this 64,667
section, the court shall determine whether the delinquent child 64,668
previously has been adjudicated a delinquent child for a 64,669
violation of a law or ordinance. If the delinquent child 64,670
previously has been adjudicated a delinquent child for a 64,671
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 64,672
this section, shall consider the previous delinquent child 64,674
adjudication as a conviction of a violation of the law or 64,675
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 64,676
(F)(1) When a juvenile court commits a delinquent child to 64,678
the custody of the department of youth services pursuant to this 64,679
section, the court shall not designate the specific institution 64,680
in which the department is to place the child but instead shall 64,682
specify that the child is to be institutionalized or that the 64,683
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 64,684
(2) When a juvenile court commits a delinquent child to 64,686
the custody of the department of youth services, the court shall 64,687
provide the department with the child's social history, the 64,688
child's medical records, a copy of the report of any mental 64,689
examination of the child ordered by the court, the section or 64,690
sections of the Revised Code violated by the child and the degree 64,691
of the violation, the warrant to convey the child to the 64,692
department, and a copy of the court's journal entry ordering the 64,693
commitment of the child to the legal custody of the department. 64,694
The department may refuse to accept physical custody of a 64,695
delinquent child who is committed to the legal custody of the 64,696
department until the court provides to the department the 64,697
1458
documents specified in division (F)(2) of this section. No 64,698
officer or employee of the department who refuses to accept 64,700
physical custody of a delinquent child who is committed to the 64,702
legal custody of the department shall be subject to prosecution 64,703
or contempt of court for the refusal if the court fails to 64,704
provide the documents specified in division (F)(2) of this 64,706
section at the time the court transfers the physical custody of 64,707
the child to the department.
(3) Within five working days after the juvenile court 64,709
commits a delinquent child to the custody of the department of 64,710
youth services, the court shall provide the department with a 64,711
copy of the arrest record pertaining to the act for which the 64,712
child was adjudicated a delinquent child, a copy of any victim 64,713
impact statement pertaining to that act, and any other 64,714
information concerning the child that the department reasonably 64,715
requests. Within twenty working days after the department of 64,716
youth services receives physical custody of a delinquent child 64,717
from a juvenile court, the court shall provide the department 64,718
with a certified copy of the child's birth certificate or the 64,720
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 64,721
unsuccessful, the court shall provide the department with 64,722
documentation of the efforts it made to obtain the information. 64,723
(4) When a juvenile court commits a delinquent child to 64,725
the custody of the department of youth services, the court shall 64,726
give notice to the school attended by the child of the child's 64,727
commitment by sending to that school a copy of the court's 64,728
journal entry ordering the commitment. As soon as possible after 64,729
receipt of the notice described in this division, the school 64,730
shall provide the department with the child's school transcript. 64,731
However, the department shall not refuse to accept a child 64,732
committed to it, and a child committed to it shall not be held in 64,733
a county or district detention home, because of a school's 64,734
failure to provide the school transcript that it is required to 64,735
1459
provide under division (F)(4) of this section. 64,736
(5) The department of youth services shall provide the 64,738
court and the school with an updated copy of the child's school 64,739
transcript and shall provide the court with a summary of the 64,740
institutional record of the child when it releases the child from 64,741
institutional care. The department also shall provide the court 64,742
with a copy of any portion of the child's institutional record 64,743
that the court specifically requests within five working days of 64,744
the request.
(6) When a juvenile court commits a delinquent child to 64,746
the custody of the department of youth services pursuant to 64,747
division (A)(4) or (5) of this section, the court shall state in 64,748
the order of commitment the total number of days that the child 64,749
has been held, as of the date of the issuance of the order, in 64,750
detention in connection with the delinquent child complaint upon 64,751
which the order of commitment is based. The department shall 64,753
reduce the minimum period of institutionalization or minimum 64,754
period of institutionalization in a secure facility specified in 64,755
division (A)(4) or (5) of this section by both the total number 64,756
of days that the child has been so held in detention as stated by 64,757
the court in the order of commitment and the total number of any 64,758
additional days that the child has been held in detention 64,759
subsequent to the order of commitment but prior to the transfer 64,760
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 64,763
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 64,764
entitled to a recovery under any of the following sections, of 64,765
the right of the victims to recover, pursuant to section 3109.09 64,766
of the Revised Code, compensatory damages from the child's 64,767
parents; of the right of the victims to recover, pursuant to 64,768
section 3109.10 of the Revised Code, compensatory damages from 64,769
the child's parents for willful and malicious assaults committed 64,770
by the child; and of the right of the victims to recover an award 64,771
1460
of reparations pursuant to sections 2743.51 to 2743.72 of the 64,772
Revised Code. 64,773
(2) If a child is adjudicated a delinquent child for 64,776
committing an act that, if committed by an adult, would be 64,777
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 64,778
involuntary manslaughter, a felony of the first or second degree 64,780
resulting in the death of or physical harm to a person, 64,781
complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is 64,782
or was substantially equivalent to any of those offenses and if 64,783
the court in its order of disposition for that act commits the 64,784
child to the custody of the department of youth services, the 64,785
court may make a specific finding that the adjudication should be 64,786
considered a conviction for purposes of a determination in the 64,787
future, pursuant to Chapter 2929. of the Revised Code, as to 64,788
whether the child is a repeat violent offender as defined in 64,789
section 2929.01 of the Revised Code. If the court makes a 64,790
specific finding as described in this division, it shall include 64,791
the specific finding in its order of disposition and in the 64,792
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 64,794
committing an act that would be a felony if committed by an adult 64,796
and if the child caused, attempted to cause, threatened to cause, 64,797
or created the risk of physical harm to the victim of the act, 64,798
the court, prior to issuing an order of disposition under this 64,799
section, shall order the preparation of a victim impact statement 64,800
by the probation department of the county in which the victim of 64,801
the act resides, by the court's own probation department, or by a 64,802
victim assistance program that is operated by the state, a 64,803
county, a municipal corporation, or another governmental entity. 64,804
The court shall consider the victim impact statement in 64,805
determining the order of disposition to issue for the child. 64,806
(2) Each victim impact statement shall identify the victim 64,808
1461
of the act for which the child was adjudicated a delinquent 64,809
child, itemize any economic loss suffered by the victim as a 64,810
result of the act, identify any physical injury suffered by the 64,811
victim as a result of the act and the seriousness and permanence 64,812
of the injury, identify any change in the victim's personal 64,813
welfare or familial relationships as a result of the act and any 64,814
psychological impact experienced by the victim or the victim's 64,815
family as a result of the act, and contain any other information 64,816
related to the impact of the act upon the victim that the court 64,817
requires. 64,818
(3) A victim impact statement shall be kept confidential 64,820
and is not a public record, as defined in section 149.43 of the 64,821
Revised Code. However, the court may furnish copies of the 64,822
statement to the department of youth services pursuant to 64,823
division (F)(3) of this section or to both the adjudicated 64,824
delinquent child or the adjudicated delinquent child's counsel 64,825
and the prosecuting attorney. The copy of a victim impact 64,827
statement furnished by the court to the department pursuant to 64,828
division (F)(3) of this section shall be kept confidential and is 64,829
not a public record, as defined in section 149.43 of the Revised 64,830
Code. The copies of a victim impact statement that are made 64,831
available to the adjudicated delinquent child or the adjudicated 64,832
delinquent child's counsel and the prosecuting attorney pursuant 64,834
to division (H)(3) of this section shall be returned to the court 64,837
by the person to whom they were made available immediately 64,838
following the imposition of an order of disposition for the child 64,839
under this section.
(I)(1) As used in this division, "felony drug abuse 64,841
offense" has the same meaning as in section 2925.01 of the 64,842
Revised Code. 64,843
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 64,845
to children who are adjudicated or could be adjudicated by a 64,846
juvenile court to be delinquent children for an act that, if 64,847
committed by an adult, would be a felony drug abuse offense. 64,848
1462
Subject to division (B) of section 2925.42 and division (E) of 64,849
section 2925.43 of the Revised Code, a delinquent child of that 64,850
nature loses any right to the possession of, and forfeits to the 64,851
state any right, title, and interest that the delinquent child 64,852
may have in, property as defined in section 2925.41 and further 64,854
described in section 2925.42 or 2925.43 of the Revised Code. 64,855
(J)(1) As used in this section: 64,857
(a) "Electronic monitoring device," "certified electronic 64,859
monitoring device," "electronic monitoring system," and 64,860
"certified electronic monitoring system" have the same meanings 64,861
as in section 2929.23 of the Revised Code. 64,862
(b) "Electronically monitored house detention" means a 64,864
period of confinement of a child in the child's home or in other 64,865
premises specified by the court, during which period of 64,867
confinement all of the following apply: 64,868
(i) The child wears, otherwise has attached to the child's 64,870
person, or otherwise is subject to monitoring by a certified 64,871
electronic monitoring device or is subject to monitoring by a 64,872
certified electronic monitoring system. 64,873
(ii) The child is required to remain in the child's home 64,875
or other premises specified by the court for the specified period 64,876
of confinement, except for periods of time during which the child 64,877
is at school or at other premises as authorized by the court. 64,878
(iii) The child is subject to monitoring by a central 64,880
system that monitors the certified electronic monitoring device 64,881
that is attached to the child's person or that otherwise is being 64,882
used to monitor the child and that can monitor and determine the 64,884
child's location at any time or at a designated point in time, or 64,885
the child is required to participate in monitoring by a certified 64,887
electronic monitoring system. 64,888
(iv) The child is required by the court to report 64,890
periodically to a person designated by the court. 64,891
(v) The child is subject to any other restrictions and 64,893
requirements that may be imposed by the court. 64,894
1463
(2) A juvenile court, pursuant to division (A)(10) of this 64,896
section, may impose a period of electronically monitored house 64,897
detention upon a child who is adjudicated a delinquent child for 64,898
committing an act that, if committed by an adult, would be a 64,899
criminal offense that would qualify the adult as an eligible 64,900
offender pursuant to division (A)(3) of section 2929.23 of the 64,901
Revised Code. The court may impose a period of electronically 64,902
monitored house detention in addition to or in lieu of any other 64,903
dispositional order imposed upon the child, except that any 64,904
period of electronically monitored house detention shall not 64,905
extend beyond the child's eighteenth birthday. If a court 64,906
imposes a period of electronically monitored house detention upon 64,907
a child, it shall require the child to wear, otherwise have 64,908
attached to the child's person, or otherwise be subject to 64,909
monitoring by a certified electronic monitoring device or to 64,911
participate in the operation of and monitoring by a certified 64,912
electronic monitoring system; to remain in the child's home or 64,913
other specified premises for the entire period of electronically 64,915
monitored house detention except when the court permits the child 64,916
to leave those premises to go to school or to other specified 64,917
premises; to be monitored by a central system that monitors the 64,918
certified electronic monitoring device that is attached to the 64,919
child's person or that otherwise is being used to monitor the 64,920
child and that can monitor and determine the child's location at 64,921
any time or at a designated point in time or to be monitored by 64,922
the certified electronic monitoring system; to report 64,923
periodically to a person designated by the court; and, in return 64,924
for receiving a dispositional order of electronically monitored 64,925
house detention, to enter into a written contract with the court 64,926
agreeing to comply with all restrictions and requirements imposed 64,927
by the court, agreeing to pay any fee imposed by the court for 64,928
the costs of the electronically monitored house detention imposed 64,929
by the court pursuant to division (E) of section 2929.23 of the 64,930
Revised Code, and agreeing to waive the right to receive credit 64,931
1464
for any time served on electronically monitored house detention 64,932
toward the period of any other dispositional order imposed upon 64,933
the child for the act for which the dispositional order of 64,934
electronically monitored house detention was imposed if the child 64,935
violates any of the restrictions or requirements of the 64,936
dispositional order of electronically monitored house detention. 64,937
The court also may impose other reasonable restrictions and 64,938
requirements upon the child.
(3) If a child violates any of the restrictions or 64,940
requirements imposed upon the child as part of the child's 64,941
dispositional order of electronically monitored house detention, 64,942
the child shall not receive credit for any time served on 64,943
electronically monitored house detention toward any other 64,944
dispositional order imposed upon the child for the act for which 64,945
the dispositional order of electronically monitored house 64,947
detention was imposed.
(K) Within ten days after completion of the adjudication, 64,949
the court shall give written notice of an adjudication that a 64,950
child is a delinquent child to the superintendent of a city, 64,951
local, exempted village, or joint vocational school district if 64,952
the basis of the adjudication was the commission of an act that 64,953
would be a criminal offense if committed by an adult and that was 64,954
committed by the delinquent child when the child was sixteen 64,955
years of age or older and if the act is any of the following: 64,956
(1) A violation of section 2923.122 of the Revised Code 64,958
that relates to property owned or controlled by, or to an 64,959
activity held under the auspices of, the board of education of 64,960
that school district; 64,961
(2) A violation of section 2923.12 of the Revised Code or 64,963
of a substantially similar municipal ordinance that was committed 64,964
on property owned or controlled by, or at an activity held under 64,965
the auspices of, the board of education of that school district; 64,966
(3) A violation of division (A) of section 2925.03 or 64,968
2925.11 of the Revised Code that was committed on property owned 64,969
1465
or controlled by, or at an activity held under the auspices of, 64,970
the board of education of that school district and that is not a 64,971
minor drug possession offense as defined in section 2925.01 of 64,972
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 64,974
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 64,976
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 64,977
at an activity held under the auspices of, the board of education 64,978
of that school district, if the victim at the time of the 64,980
commission of the act was an employee of the board of education 64,981
of that school district;
(5) Complicity in any violation described in division 64,983
(K)(1), (2), (3), or (4) of this section that was alleged to have 64,985
been committed in the manner described in division (K)(1), (2), 64,986
(3), or (4) of this section, regardless of whether the act of 64,988
complicity was committed on property owned or controlled by, or 64,989
at an activity held under the auspices of, the board of education 64,990
of that school district. 64,991
(L) During the period of a delinquent child's probation 64,993
granted under division (A)(2) of this section, authorized 64,996
probation officers who are engaged within the scope of their 64,997
supervisory duties or responsibilities may search, with or 64,998
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 64,999
another item of tangible or intangible personal property, or 65,000
other real property in which the delinquent child has a right, 65,001
title, or interest or for which the delinquent child has the 65,002
express or implied permission of a person with a right, title, or 65,003
interest to use, occupy, or possess if the probation officers 65,004
have reasonable grounds to believe that the delinquent child is 65,005
not abiding by the law or otherwise is not complying with the 65,006
conditions of the delinquent child's probation. The court that 65,007
places a delinquent child on probation under division (A)(2) of 65,008
1466
this section shall provide the delinquent child with a written 65,009
notice that informs the delinquent child that authorized 65,010
probation officers who are engaged within the scope of their 65,011
supervisory duties or responsibilities may conduct those types of 65,013
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 65,014
the law or otherwise is not complying with the conditions of the 65,015
delinquent child's probation. The court also shall provide the 65,016
written notice described in division (C)(2)(b) of section 65,017
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 65,018
(C)(2)(a) of that section. 65,019
Section 7. That all existing versions of section 2151.355 65,021
of the Revised Code are hereby repealed. 65,023
Section 8. Sections 7 and 8 of this act shall take effect 65,025
September 30, 1997. 65,026
Section 9. That section 4301.17 of the Revised Code, as 65,028
amended by Am. Sub. H.B. 60 of the 121st General Assembly, be 65,029
amended to read as follows:
Sec. 4301.17. (A) Subject to local option as provided in 65,038
sections 4301.32 to 4301.40 of the Revised Code, five state 65,039
liquor stores or agencies may be established in each county. One 65,040
additional store may be established in any county for each thirty 65,041
thousand of population of such county or major fraction thereof 65,042
in excess of the first forty thousand, according to the last 65,043
preceding federal census. A person engaged in a mercantile 65,044
business may act as the agent for the division of liquor control 65,047
for the sale of spirituous liquor in a municipal corporation, in 65,048
the unincorporated area of a township of not less than two 65,049
thousand population, or in an area designated and approved as a 65,050
resort area under section 4303.262 of the Revised Code, provided 65,051
that not more than one agency contract shall be awarded in the 65,052
unincorporated area of a county for each fifty thousand 65,053
population of the county. The division shall fix compensation 65,055
1467
for such agent in such manner as it deems best, but such 65,056
compensation shall not exceed seven per cent of the gross sales 65,057
made by such agent in any one year. 65,058
Except as otherwise provided in this section, no mercantile 65,060
business that sells beer or intoxicating liquor for consumption 65,062
on the premises under a permit issued by the division shall 65,063
operate an agency store at such premises or at any adjacent 65,064
premises. An agency to which a D-1 permit has been issued may 65,065
offer for sale tasting samples of beer and, an agency to which a 65,066
D-2 permit has been issued may offer for sale tasting samples of 65,067
wine and mixed beverages, AND AN AGENCY TO WHICH A D-5 PERMIT HAS 65,069
BEEN ISSUED MAY OFFER FOR SALE TASTING SAMPLES OF BEER, WINE, AND
MIXED BEVERAGES, BUT NOT SPIRITUOUS LIQUOR. A tasting sample 65,070
shall not be sold for the purpose of general consumption. As 65,072
used in this section, "tasting sample" means a small amount of 65,073
beer, wine, or mixed beverages that is provided in not more than
four servings of not more than two ounces each to an authorized 65,074
purchaser and that allows the purchaser to determine, by tasting 65,075
only, the quality and character of the beverage. 65,076
(B) When an agency contract is proposed or when an 65,078
existing agency is assigned, before entering into any such 65,079
contract or consenting to any assignment, the division shall 65,080
notify the legislative authority of the municipal corporation, or 65,081
the board of county commissioners and the board of township 65,082
trustees of the county and the township in which the agency store 65,083
is to be located if the agency store is to be located outside the 65,084
corporate limits of a municipal corporation, of the proposed 65,085
contract, and an opportunity shall be provided officials or 65,086
employees of the municipal corporation or county and township for 65,087
a complete hearing upon the advisability of entering into the 65,088
agency contract. When the division sends notice to the 65,089
legislative authority of the political subdivision, the 65,090
department shall notify, by certified mail or by personal 65,091
service, the chief peace officer of the political subdivision, 65,092
1468
who may appear and testify, either in person or through a 65,093
representative, at any hearing held on the advisability of 65,094
entering into the agency contract. 65,095
On or after July 21, 1986, if the proposed agency store 65,098
would be located within five hundred feet of a school, church, 65,099
library, public playground, or township park, the division shall 65,100
not enter into an agency contract until it has provided notice of 65,101
the proposed contract to the authorities in control of the 65,102
school, church, library, public playground, or township park and 65,103
has provided such officials with an opportunity for a complete 65,104
hearing upon the advisability of entering into the contract. If 65,105
an agency store so located is operating under an agency contract, 65,106
the division may consent to the assignment of that contract to 65,108
operate an agency store at the same location, provided that the 65,109
division shall not consent to an assignment until it has notified 65,110
the authorities in control of the school, church, library, public 65,111
playground, or township park and has provided such officials with 65,112
an opportunity for a complete hearing upon the advisability of 65,113
consenting to the assignment.
Any hearing provided for in this division shall be held in 65,116
the central office of the division, except that upon written 65,119
request of the legislative authority of the municipal 65,120
corporation, the board of county commissioners, or board of 65,121
township trustees, the hearing shall be held in the county seat 65,122
of the county where the proposed agency store is to be located. 65,123
(C) All agency contracts entered into by the division 65,125
pursuant to this section shall be in writing and shall contain a 65,126
clause providing for the termination of the contract at will by 65,127
the division upon its giving ninety days' notice in writing to 65,128
such agent of its intention to do so. Any agency contract may 65,129
include a clause requiring the agent to report to the appropriate 65,130
law enforcement agency the name and address of any individual 65,131
under twenty-one years of age who attempts to make an illegal 65,132
purchase. 65,133
1469
An agent may engage in the selling of beer, mixed 65,135
beverages, and wine pursuant to permits issued to the agent under 65,136
Chapter 4303. of the Revised Code. 65,137
The division shall issue a C-1 and C-2 permit to each agent 65,140
who prior to November 1, 1994, had not been issued both of these 65,141
permits, notwithstanding the population quota restrictions 65,142
contained in section 4303.29 of the Revised Code or in any rule 65,143
of the liquor control commission and notwithstanding the 65,144
requirements of section 4303.31 of the Revised Code. The
location of a C-1 or C-2 permit issued to such an agent shall not 65,145
be transferred. The division shall revoke any C-1 or C-2 issued 65,146
to an agent under this paragraph if the agent no longer operates 65,147
an agency store.
No person shall operate, or have any interest, directly or 65,150
indirectly, in more than four state agencies in any one county or 65,151
more than eight state agencies in the state for the sale of 65,152
spirituous liquor. For purposes of this section, a person has an 65,153
interest in a state agency if the person is a partner, member, 65,154
officer, or director of, or a shareholder owning ten per cent or 65,155
more of the capital stock of, any legal entity with which the 65,156
department has entered into an agency contract. 65,157
The division may enter into agreements with the department 65,159
of development to implement a minority loan program to provide 65,161
low-interest loans to minority business enterprises, as defined 65,162
in section 122.71 of the Revised Code, that are awarded liquor 65,163
agency contracts or assignments.
(D) If the division closes a state liquor store and 65,165
replaces that store with an agency store, any employees of the 65,166
division employed at that state liquor store who lose their jobs 65,167
at that store as a result shall be given preference by the agent 65,168
who operates the agency store in filling any vacancies that occur 65,169
among the agent's employees, if such preference does not conflict 65,170
with the agent's obligations pursuant to a collective bargaining 65,171
agreement. 65,172
1470
If the division closes a state liquor store and replaces 65,174
the store with an agency store, any employees of the division 65,175
employed at the state liquor store who lose their jobs at that 65,176
store as a result may displace other employees as provided in 65,177
sections 124.321 to 124.328 of the Revised Code. If an employee 65,178
cannot displace other employees and is laid off, the employee
shall be reinstated in another job as provided in sections 65,179
124.321 to 124.328 of the Revised Code, except that the 65,180
employee's rights of reinstatement in a job at a state liquor 65,181
store shall continue for a period of two years after the date of 65,182
the employee's layoff and shall apply to jobs at state liquor
stores located in the employee's layoff jurisdiction and any 65,183
layoff jurisdiction adjacent to the employee's layoff 65,184
jurisdiction.
(E) The division shall require every such agent to give 65,187
bond with surety to the satisfaction of the division, in such
amount as the division fixes, conditioned for the faithful 65,188
performance of the agent's duties as prescribed by the division. 65,189
Section 10. That all existing versions of section 4301.17 65,191
of the Revised Code are hereby repealed. 65,192
Section 11. That Sections 9 and 10 of this act shall take 65,194
effect March 4, 1998. 65,195
Section 12. That section 5729.031 of the Revised Code be 65,197
amended to read as follows: 65,198
Sec. 5729.031. As used in this section, "insurance company 65,200
group" means two or more insurance companies that are owned by a 65,201
common owner or two or more insurance companies among which one 65,202
company owns the other company or companies. A foreign or 65,203
domestic insurance company or insurance company group may claim a 65,205
credit against the tax imposed under section 5725.18 or 5729.03
of the Revised Code. An insurance company group shall compute 65,206
one credit for the group as a whole, and one or more companies in 65,208
the group may claim all or a portion of that credit until it is 65,209
exhausted. The superintendent of insurance may adopt rules for 65,210
1471
the apportionment of the credit among the members of an insurance
company group. The amount of the credit shall equal the amount 65,212
computed as follows:
(A) Subtract the total dollar amount of all premiums sold 65,214
in all states by the company, in the case of an individual 65,215
company, or by the group, in the case of an insurance company 65,216
group, from fifty SEVENTY-FIVE million dollars; 65,217
(B) Divide the result obtained in division (A) of this 65,219
section by fifty SEVENTY-FIVE million; 65,220
(C) Multiply the quotient obtained in division (B) of this 65,223
section by two hundred thousand.
(D) The product obtained in division (C) of this section 65,225
shall equal the credit to which an insurance company or an 65,226
insurance company group is entitled, but the credit shall not 65,227
reduce the tax liability of any individual company or of any 65,228
company within an insurance company group below the minimum tax 65,229
required by division (B) of section 5725.18 or division (B) of 65,230
section 5729.03 of the Revised Code. If the difference obtained 65,231
in division (A) of this section is less than or equal to zero, 65,232
the credit allowed under this section equals zero. 65,233
(E) A reduction in the taxes of a foreign insurance 65,235
company to the extent obtained through a claim for credit under 65,236
this section does not increase the retaliatory tax liability 65,237
otherwise charged against that company.
Section 13. That existing section 5729.031 of the Revised 65,239
Code is hereby repealed. 65,240
Section 14. Sections 12 and 13 shall take effect July 1, 65,242
1999.
Section 15. Except as otherwise provided, all 65,244
appropriation line items (ALI) in this act are hereby 65,247
appropriated out of any moneys in the state treasury to the 65,249
credit of the designated fund, which are not otherwise 65,250
appropriated. For all appropriations made in this act, those 65,252
amounts in the first column are for fiscal year 1998 and those 65,254
1472
amounts in the second column are for fiscal year 1999. 65,256
Section 16. ACC ACCOUNTANCY BOARD OF OHIO 65,258
FND ALI ALI TITLE FY 1998 FY 1999 65,265
General Services Fund Group 65,268
4J8 889-601 CPA Education 65,271
Assistance $ 340,000 $ 200,000 65,273
4K9 889-609 Operating $ 723,188 $ 739,378 65,277
TOTAL GSF General Services Fund 65,278
Group $ 1,063,188 $ 939,378 65,280
TOTAL ALL BUDGET FUND GROUPS $ 1,063,188 $ 939,378 65,283
Section 17. PAY ACCRUED LEAVE LIABILITY 65,286
Agency Fund Group 65,288
808 995-668 State Employee Health 65,291
Benefit Fund $ 112,329,200 $ 117,980,047 65,293
809 995-669 Dependent Care 65,295
Spending Account $ 2,257,000 $ 2,413,000 65,297
810 995-670 Life Insurance 65,299
Investment Fund $ 2,253,978 $ 2,366,677 65,301
811 995-671 Parental Leave 65,303
Benefit Fund $ 1,763,459 $ 1,851,632 65,305
TOTAL AGY Agency Fund Group $ 118,603,637 $ 124,611,356 65,308
Accrued Leave Liability Fund Group 65,311
806 995-666 Accrued Leave Fund $ 43,980,178 $ 46,179,187 65,316
807 995-667 Disability Fund $ 32,386,903 $ 33,961,248 65,320
TOTAL ALF Accrued Leave Liability 65,321
Fund Group $ 76,367,081 $ 80,140,435 65,324
TOTAL ALL BUDGET FUND GROUPS $ 194,970,718 $ 204,751,791 65,327
Accrued Leave Liability Fund 65,330
The foregoing appropriation item 995-666, Accrued Leave 65,332
Fund, shall be used to make payments from the Accrued Leave 65,333
Liability Fund (Fund 806), pursuant to section 125.211 of the 65,334
Revised Code. If it is determined by the Director of Budget and 65,335
Management that additional amounts are necessary, the amounts are 65,336
hereby appropriated. 65,337
1473
State Employee Disability Leave Benefit Fund 65,339
The foregoing appropriation item 995-667, Disability Fund, 65,341
shall be used to make payments from the State Employee Disability 65,342
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 65,343
Revised Code. If it is determined by the Director of Budget and 65,344
Management that additional amounts are necessary, the amounts are 65,345
hereby appropriated. 65,346
State Employee Health Benefit Fund 65,348
The foregoing appropriation item 995-668, State Employee 65,350
Health Benefit Fund, shall be used to make payments from the 65,351
State Employee Health Benefit Fund (Fund 808), pursuant to 65,352
section 124.87 of the Revised Code. If it is determined by the 65,353
Director of Budget and Management that additional amounts are 65,354
necessary, the amounts are hereby appropriated. 65,355
Dependent Care Spending Account 65,357
The foregoing appropriation item 995-669, Dependent Care 65,359
Spending Account, shall be used to make payments from the 65,360
Dependent Care Spending Account (Fund 809) to employees eligible 65,361
for dependent care expenses. If it is determined by the Director 65,362
of Budget and Management that additional amounts are necessary, 65,363
the amounts are hereby appropriated. 65,364
Life Insurance Investment Fund 65,366
The foregoing appropriation item 995-670, Life Insurance 65,368
Investment Fund, shall be used to make payments from the Life 65,369
Insurance Investment Fund (Fund 810) for the costs and expenses 65,370
of the state's life insurance benefit program pursuant to section 65,371
125.212 of the Revised Code. If it is determined by the Director 65,372
of Budget and Management that additional amounts are necessary, 65,373
the amounts are hereby appropriated. 65,374
Parental Leave Benefit Fund 65,376
The foregoing appropriation item 995-671, Parental Leave 65,378
Benefit Fund, shall be used to make payments from the Parental 65,379
Leave Benefit Fund (Fund 811) to employees eligible for parental 65,380
leave benefits pursuant to section 124.137 of the Revised Code. 65,381
1474
If it is determined by the Director of Budget and Management that 65,382
additional amounts are necessary, the amounts are hereby 65,383
appropriated. 65,384
Section 18. ADJ ADJUTANT GENERAL 65,386
General Revenue Fund 65,388
GRF 745-401 Ohio Military Reserve $ 16,234 $ 16,640 65,393
GRF 745-404 Air National Guard $ 1,831,777 $ 1,881,571 65,397
GRF 745-406 Tuition Grant Program $ 4,152,254 $ 4,192,237 65,401
GRF 745-409 Central 65,403
Administration $ 4,446,287 $ 4,612,615 65,405
GRF 745-499 Army National Guard $ 3,809,796 $ 3,810,231 65,409
GRF 745-502 ONG Unit Fund $ 114,868 $ 118,086 65,413
TOTAL GRF General Revenue Fund $ 14,371,216 $ 14,631,380 65,416
General Services Fund Group 65,419
534 745-612 Armory Improvements $ 500,000 $ 500,000 65,424
536 745-620 Camp Perry Clubhouse 65,426
and Rental Activities $ 921,399 $ 945,876 65,428
537 745-604 ONG Maintenance $ 90,049 $ 92,571 65,432
TOTAL GSF General Services Fund 65,433
Group $ 1,511,448 $ 1,538,447 65,436
Federal Special Revenue Fund Group 65,439
340 745-614 Marksmanship Program $ 56,000 $ 56,000 65,444
341 745-615 Air National Guard 65,446
Base Security $ 1,877,500 $ 1,877,500 65,448
342 745-616 Army National Guard 65,450
Service Agreement $ 6,495,010 $ 6,281,698 65,452
343 745-619 Army National Guard 65,454
Training Site
Agreement $ 2,092,400 $ 2,092,400 65,456
3E8 745-628 Air National Guard 65,458
Operations and
Maintenance Agreement $ 10,136,315 $ 10,359,478 65,460
TOTAL FED Federal Special Revenue 65,461
Fund Group $ 20,657,225 $ 20,667,076 65,464
1475
TOTAL ALL BUDGET FUND GROUPS $ 36,539,889 $ 36,836,903 65,469
Ohio National Guard Maintenance 65,472
Of the foregoing appropriation item 745-409, Central 65,474
Administration, $330,000 in each fiscal year is to provide for 65,475
the employment or contracting of maintenance personnel to assist 65,476
in substantially reducing the backlog of maintenance projects at 65,477
Ohio's Air and Army National Guard facilities. 65,478
Section 19. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 65,480
General Revenue Fund 65,482
GRF 100-402 Unemployment 65,485
Compensation $ 142,825 $ 137,747 65,487
GRF 100-405 Agency Audit Expenses $ 819,538 $ 434,408 65,491
GRF 100-406 County Personnel 65,493
Services $ 1,226,010 $ 1,308,378 65,495
GRF 100-408 Buy Ohio Promotions $ 23,765 $ 24,359 65,499
GRF 100-409 Departmental 65,501
Information Services $ 1,291,573 $ 1,321,103 65,503
GRF 100-412 Information Center $ 1,067,449 $ 1,095,203 65,507
GRF 100-414 Ohio Geographically 65,509
Referenced
Information Program $ 616,902 $ 631,383 65,511
GRF 100-416 Strategic Technology $ 4,864,784 $ 4,931,830 65,515
GRF 100-417 MARCS $ 3,374,984 $ 4,125,310 65,519
GRF 100-419 SOMACS $ 4,807,130 $ 4,927,123 65,523
GRF 100-420 Suggestion Awards $ 168,634 $ 170,975 65,527
GRF 100-429 Agency Business 65,529
Support Services $ 1,388,806 $ 1,385,439 65,531
GRF 100-430 Year 2000 Assistance $ 8,013,493 $ 5,261,984 65,535
GRF 100-431 Set Aside Review 65,537
Board $ 87,181 $ 79,620 65,539
GRF 100-433 State of Ohio 65,541
Computer Center $ 4,937,702 $ 5,087,138 65,543
GRF 100-435 State Government 65,545
Energy Program $ 429,256 $ 437,832 65,547
1476
GRF 100-447 OBA - Building Rent 65,549
Payments $ 70,783,000 $ 79,932,000 65,551
GRF 100-448 OBA - Building 65,553
Operating Payments $ 25,498,000 $ 25,498,000 65,555
GRF 100-449 DAS - Building 65,557
Operating Payments $ 4,035,679 $ 4,054,301 65,559
GRF 100-451 Minority Affairs $ 124,827 $ 125,953 65,563
GRF 100-734 Major Maintenance $ 100,000 $ 100,000 65,567
GRF 102-321 EOC Compliance $ 1,494,373 $ 1,355,596 65,571
GRF 130-321 Bureau of Real Estate $ 2,254,317 $ 2,315,294 65,575
TOTAL GRF General Revenue Fund $ 137,550,228 $ 144,740,976 65,578
General Services Fund Group 65,581
112 100-616 Director's Office $ 4,572,437 $ 4,687,063 65,586
115 100-632 Central Service 65,588
Agency $ 409,735 $ 412,518 65,590
117 100-644 General Services 65,592
Administration $ 5,551,419 $ 5,937,495 65,594
122 100-637 Fleet Management $ 1,394,647 $ 1,432,988 65,598
125 100-622 Personnel Services $ 16,222,008 $ 16,723,131 65,602
127 100-627 Vehicle Liability 65,604
Insurance $ 3,924,959 $ 4,034,239 65,606
128 100-620 Collective Bargaining $ 3,652,897 $ 3,675,550 65,610
130 100-606 State Insurance Pool $ 99,983 $ 102,658 65,614
131 100-639 State Architect's 65,616
Office $ 5,989,051 $ 6,058,112 65,618
132 100-631 Facilities Management $ 7,761,319 $ 7,932,202 65,622
188 100-649 State EOC $ 2,219,080 $ 2,051,620 65,626
201 100-653 General Services 65,628
Resale Merchandise $ 1,891,357 $ 1,944,315 65,630
210 100-612 State Printing $ 5,688,995 $ 5,831,735 65,634
4H2 100-604 Governor's Residence 65,636
Gift $ 20,560 $ 21,136 65,638
427 100-602 Investment Recovery $ 3,110,486 $ 3,197,752 65,642
1477
4P3 100-603 Departmental MIS 65,644
Services $ 5,633,414 $ 6,118,350 65,646
5C2 100-605 MARCS Administration $ 0 $ 2,988,056 65,650
5C3 100-608 Skilled Trades $ 2,112,280 $ 2,164,039 65,654
5D7 100-621 Workforce Development $ 4,000,000 $ 8,000,000 65,658
TOTAL GSF General Services Fund 65,659
Group $ 74,254,627 $ 83,312,959 65,662
Intragovernmental Service Fund Group 65,665
123 100-613 Telecommunications $ 35,623,686 $ 36,609,209 65,670
133 100-607 Computer Services $ 44,107,222 $ 45,958,060 65,674
4N6 100-617 Equipment Purchases $ 5,988,546 $ 18,588,924 65,678
TOTAL ISF Intragovernmental 65,679
Service Fund Group $ 85,719,454 $ 101,156,193 65,682
Agency Fund Group 65,685
113 100-628 Unemployment 65,688
Compensation $ 4,525,227 $ 4,651,933 65,690
124 100-629 Payroll Withholding $1,650,000,000 $1,700,000,000 65,694
TOTAL AGY Agency Fund Group $1,654,525,227 $1,704,651,933 65,697
Holding Account Redistribution Fund Group 65,700
R08 100-646 General Services 65,703
Refunds $ 16,000 $ 17,000 65,705
TOTAL 090 Holding Account 65,706
Redistribution Fund Group $ 16,000 $ 17,000 65,709
TOTAL ALL BUDGET FUND GROUPS $1,952,065,536 $2,033,879,061 65,712
Section 19.01. Agency Audit Expenses 65,715
Of the foregoing appropriation line item 100-405, Agency 65,717
Audit Expenses, up to $15,000 appropriated for fiscal year 1998 65,719
may be used to pay the outstanding obligations of the Certificate 65,721
of Need Review Board, which include, but are not limited to, 65,723
unemployment and miscellaneous expenses; and payroll expenses of 65,724
any employees transferred from the agency formerly known as the
Ohio Veterans' Children's Home to the Department of 65,725
Administrative Services.
Of the foregoing appropriation line item 100-405, Agency 65,727
1478
Audit Expenses, up to $400,000 appropriated for fiscal year 1998 65,729
may be used to pay the outstanding obligations of the Veterans' 65,731
Children's Home, which include, but are not limited to, 65,733
unemployment and miscellaneous expenses.
Of the foregoing appropriation item 100-405, Agency Audit 65,735
Expenses, $5,000 appropriated for each fiscal year shall be used 65,736
for the Ohio Veterans' Children's Home ex-pupils association. 65,737
Of the foregoing appropriation item 100-405, Agency Audit 65,739
Expenses, up to $40,000 in fiscal year 1998 and $42,000 in fiscal 65,740
year 1999 shall be used for the Department of Administrative 65,743
Services' GRF line item-related auditing expenses. The remainder 65,744
of the appropriation shall be used for auditing expenses 65,745
designated in division (A)(1) of section 117.13 of the Revised 65,746
Code for those state agencies audited on a biennial basis. 65,747
Section 19.02. Ohio Building Authority 65,749
The foregoing appropriation item 100-447, OBA - Building 65,751
Rent Payments, shall be used to meet all payments at the times 65,753
they are required to be made during the period from July 1, 1997 65,754
to June 30, 1999, by the Department of Administrative Services to 65,755
the Ohio Building Authority pursuant to leases and agreements 65,756
under Chapter 152. of the Revised Code, but limited to the 65,757
aggregate amount of $150,715,000. The foregoing appropriation 65,758
item 100-448, OBA - Building Operating Payments, shall be used to 65,760
meet all payments at the times that they are required to be made 65,761
during the period from July 1, 1997 to June 30, 1999, by the 65,762
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 65,764
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 65,765
pledged for bond service charges on obligations issued pursuant 65,766
to Chapter 152. of the Revised Code. 65,767
The payments to the Ohio Building Authority are for the 65,769
purpose of paying the expenses of agencies that occupy space in 65,770
the various state facilities. The Department of Administrative 65,771
1479
Services is authorized to enter into leases and agreements with 65,772
the Ohio Building Authority providing for the payment of such 65,773
expenses. The Ohio Building Authority shall report to the 65,775
Department of Administrative Services and the Office of Budget 65,776
and Management not later than five months after the start of a 65,777
fiscal year the actual expenses incurred by the Ohio Building 65,778
Authority in operating such facilities and any balances remaining 65,779
from payments and rentals received in the prior fiscal year. The 65,780
Department of Administrative Services shall reduce subsequent 65,781
payments by the amount of the balance reported to them by the 65,782
Ohio Building Authority.
Section 19.03. DAS - Building Operating Payments 65,784
The foregoing appropriation item 100-449, DAS - Building 65,786
Operating Payments, shall be used to pay the rent expenses of all 65,788
veterans' groups pursuant to section 123.024 of the Revised Code 65,790
in fiscal years 1998 and 1999. 65,791
Notwithstanding section 125.28 of the Revised Code, the 65,793
remaining portion of this appropriation may be used to pay the 65,795
operating expenses of state facilities maintained by the 65,797
Department of Administrative Services which are not billed to 65,799
building tenants. Such expenses may include, but are not limited 65,801
to, the costs for vacant space and space undergoing renovation, 65,802
and the rent expenses of tenants which are relocated due to 65,803
building renovations. 65,804
Such payments shall be processed by the Department of 65,806
Administrative Services through intrastate vouchers and placed in 65,808
the Facilities Management Fund (Fund 132). 65,810
Section 19.04. State EOC and Minority Affairs 65,812
The Department of Administrative Services, with the 65,814
approval of the Director of Budget and Management, shall 65,815
establish charges for recovering the costs of administering the 65,816
activities supported by the State EOC Fund (Fund 188). These 65,817
charges shall be deposited to the credit of the State EOC Fund 65,819
(Fund 188) upon payment made by state agencies; state-supported 65,820
1480
or state-assisted institutions of higher education; and 65,821
tax-supported agencies, municipal corporations, or other 65,822
political subdivisions of the state, for services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 65,825
shall be used to establish minority affairs programs within the
Division of EOC. The office shall provide an access point and 65,827
official representation to multi-cultural communities; research 65,828
and reports on multi-cultural issues; and educational, 65,829
governmental, and other services that foster multi-cultural 65,830
opportunities and understanding in the state of Ohio. 65,831
Section 19.05. Transfers to Central Service Agency Fund 65,833
The Director of Budget and Management may transfer up to 65,835
$1,500,000 in fiscal year 1998 and up to $500,000 in fiscal year 65,836
1999 from the Occupational Licensing and Regulatory Fund (Fund 65,837
4K9) to the Central Service Agency Fund (Fund 115). The cash 65,838
transferred shall be used to purchase the necessary equipment, 65,839
products, and services to install a local area network for the 65,840
professional licensing boards, to migrate their licensing 65,841
applications to this network, and to provide for the ongoing 65,842
operations of the network in fiscal year 1998 and fiscal year 65,843
1999. Appropriation authority equal to the cash transfer is 65,844
hereby appropriated to line item 100-632, Central Service Agency. 65,846
The Director of Budget and Management may transfer up to 65,848
$150,000 in fiscal year 1998 from the Occupational Licensing and 65,849
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund 65,850
(Fund 115). The cash shall be utilized as necessary to subsidize 65,852
the operations of the Central Service Agency during the process 65,853
of transition due to the Medical Board and the Pharmacy Board no 65,854
longer using Central Service Agency services.
The Director of Budget and Management shall transfer up to 65,856
$20,000 in fiscal year 1998 from the Occupational Licensing and 65,857
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund 65,858
(Fund 115). The Office of Budget and Management shall conduct, 65,859
or contract for the conduct of, a study examining the feasibility 65,861
1481
of consolidating the administrative process of licensing and 65,862
regulating barbers and cosmetologists while respecting the 65,863
separate entities of the two professions. Appropriation
authority equal to the cash transfer is hereby appropriated to 65,865
line item 100-632, Central Service Agency.
Section 19.06. Tuition Reimbursement for Continuing 65,867
Education 65,868
Of the foregoing appropriation item 100-622, Personnel 65,870
Services, $200,000 in fiscal year 1998 and $200,000 in fiscal 65,871
year 1999 shall be set aside for the District 1199 Health Care 65,872
Employees Tuition Reimbursement Program, per existing collective 65,873
bargaining agreements. Of the foregoing appropriation item 65,874
100-622, Personnel Services, $50,000 in fiscal year 1998 and 65,875
$50,000 in fiscal year 1999 shall be set aside for the Ohio 65,876
Education Association Tuition Reimbursement Program, per existing 65,877
collective bargaining agreements. In addition, the Department of 65,879
Administrative Services, with the approval of the Director of 65,880
Budget and Management, shall establish charges for recovering the 65,881
costs of administering the District 1199 Health Care Employees 65,882
Tuition Reimbursement Program and the Ohio Education Association 65,883
Tuition Reimbursement Program. These charges shall be deposited 65,884
into and disbursed from Personnel Services Fund (Fund 125). 65,886
Section 19.07. Merchandise for Resale 65,888
The foregoing appropriation item 100-653, General Services 65,890
Resale Merchandise, shall be used to account for merchandise for 65,891
resale which is administered by the General Services 65,892
Administration Fund and the State Printing Fund. Deposits to the 65,896
General Services Resale Merchandise Fund may be comprised of the 65,897
cost of merchandise for resale and a General Services 65,898
Administration fee or a State Printing Administration fee. The 65,899
Department of Administrative Services shall transfer any cash 65,901
that is deposited to the General Services Resale Merchandise Fund 65,902
for the General Services administration fee or the State Printing 65,903
Administration fee to the General Services Administration Fund or 65,904
1482
the State Printing Fund using an intrastate transfer voucher. 65,905
Section 19.08. Collective Bargaining Arbitration Expenses 65,908
With approval of the Director of Budget and Management, the 65,910
Department of Administrative Services may seek reimbursement from 65,911
state agencies for the actual costs and expenses the Department 65,912
incurs in the collective bargaining arbitration process. Such 65,913
reimbursements shall be processed through intrastate transfer 65,914
vouchers and placed in the Collective Bargaining Fund (Fund 128). 65,915
Workforce Development Fund 65,917
There is hereby established in the state treasury the 65,919
Workforce Development Fund (Fund 5D7). The foregoing 65,920
appropriation item 100-621, Workforce Development, shall be used 65,921
to make payments from the fund. The fund shall be under the 65,922
supervision of the Department of Administrative Services, which 65,923
may adopt rules with regard to the administration of the fund. 65,924
The fund shall be used to pay the costs of the Workforce 65,925
Development program established by Article 37 of the contract 65,926
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 65,927
March 1, 1997. The program shall be administered in accordance 65,928
with the contract. Revenues shall accrue to the fund as 65,929
specified in the contract. The fund may be used to pay direct 65,930
and indirect costs of the program that are attributable to staff, 65,931
consultants, and service providers. All income derived from the 65,932
investment of the fund shall accrue to the fund. 65,933
Section 19.09. Payroll Withholding Fund 65,935
The foregoing appropriation item 100-629, Payroll 65,937
Withholding, shall be used to make payments from the Payroll 65,938
Withholding Fund (Fund 124). If it is determined by the Director 65,939
of Budget and Management that additional funds are necessary, 65,940
such amounts are hereby appropriated. 65,941
Section 19.10. General Services Charges 65,943
The Department of Administrative Services, with the 65,945
approval of the Director of Budget and Management, shall 65,946
establish charges for recovering the costs of administering the 65,947
1483
programs in the General Services Administration Fund (Fund 117) 65,948
and the State Printing Fund (Fund 210). 65,951
Section 19.11. Unemployment Compensation Fund 65,953
The foregoing appropriation item 100-628, Unemployment 65,955
Compensation, shall be used to make payments from the 65,956
Unemployment Compensation Fund (Fund 113), pursuant to section 65,957
4141.241 of the Revised Code. If it is determined that 65,958
additional amounts are necessary, such amounts are hereby 65,959
appropriated. 65,960
Section 19.12. Governor's Residence Gift 65,962
The foregoing appropriation item 100-604, Governor's 65,964
Residence Gift, shall be used to provide part or all of the 65,965
funding related to construction, goods, or services for the 65,966
Governor's Residence. All receipts for this line item shall be 65,967
deposited into Fund 4H2. 65,968
Section 19.13. Investment Recovery Fund 65,970
Of the foregoing appropriation item 100-602, Investment 65,972
Recovery, up to $2,000,000 in fiscal year 1998 and $2,100,000 in 65,973
fiscal year 1999 may be used to refund proceeds from the sale of 65,974
surplus state property to state agencies. If it is determined by 65,975
the Director of Budget and Management that additional 65,976
appropriations are necessary to refund such proceeds, such 65,977
amounts are hereby appropriated. 65,978
Section 19.14. Facilities Management Fund/Skilled Trades 65,980
Unit
The foregoing appropriation line item 100-608, Skilled 65,982
Trades, shall be used to fund the operating costs of Skilled 65,983
Trades, which was formerly accounted for in line item 100-631, 65,984
Facilities Management. 65,985
Notwithstanding any other language to the contrary, the 65,987
Director of Budget and Management may transfer up to $352,047 65,988
cash from the Facilities Management Fund (Fund 132) to the 65,989
Skilled Trades Fund (Fund 5C3). This cash shall be used to fund 65,990
Skilled Trades operations until revenue is received from charges 65,991
1484
to users of Skilled Trades services. 65,992
After final payments are made from fiscal year 1997 65,994
encumbrances in the Facilities Management Fund, the Director of 65,995
Administrative Services shall reconcile fiscal year 1997 65,996
financial activity in the Facilities Management Fund and 65,997
determine the amount of the fund cash balance due to or from 65,998
Skilled Trades operations. 65,999
Not later than June 30, 1998, the Director of 66,001
Administrative Services shall make a determination of any cash 66,002
transfer which is required to finalize the transfer of Skilled 66,003
Trades operations from the Facilities Management Fund to the 66,004
Skilled Trades Fund. Upon concurrence with this determination, 66,005
the Director of Budget and Management may transfer this amount 66,006
between the Facilities Management Fund (Fund 132) and the Skilled 66,008
Trades Fund (Fund 5C3).
The Department of Administrative Services shall establish 66,010
charges for recovering the costs of operating Skilled Trades. 66,011
All receipts from these charges shall be deposited to the Skilled 66,013
Trades Fund, which is hereby created.
Section 19.15. Departmental MIS 66,015
The foregoing appropriation item 100-603, Departmental MIS 66,017
Services, may be used to pay operating expenses of Management 66,018
Information Systems activities in the Department of 66,019
Administrative Services. 66,020
Notwithstanding any other language to the contrary, the 66,022
Director of Budget and Management may transfer in total up to 66,023
$683,000 cash from any fund administered by the Department of 66,025
Administrative Services in the General Services Fund Group or 66,026
Intragovernmental Service Fund Group to the Departmental MIS 66,027
Services Fund (Fund 4P3) to pay operating costs of the 66,028
Departmental MIS program.
After final payments are made from fiscal year 1997 66,030
encumbrances in the Computer Services Fund, the Department of 66,031
Administrative Services shall reconcile fiscal year 1997 66,032
1485
financial activity in the Computer Services Fund and determine 66,033
the amount of the fund cash balance due to Management Information 66,034
System program operations. 66,035
Not later than June 30, 1998, the Director of 66,037
Administrative Services shall make a determination of any cash 66,038
transfer which is required to finalize the transfer of Management 66,039
Information Systems program operations from the Computer Services 66,040
Fund to the Departmental MIS Services Fund. Upon concurrence 66,041
with this determination, the Director of Budget and Management 66,042
may transfer this amount between the Computer Services Fund and 66,043
the Departmental MIS Fund. 66,044
Notwithstanding any other language to the contrary, the 66,046
Director of Budget and Management may transfer up to $1,530,643 66,047
of fiscal year 1998 appropriations and up to $1,837,860 of fiscal 66,048
year 1999 appropriations from appropriation item 100-603 to any 66,049
Department of Administrative Services appropriation item in the 66,050
General Services or Intragovernmental Service Fund Groups. The 66,051
appropriations transferred shall be used to make payments for 66,052
Management Information Systems services. 66,053
Notwithstanding any other language to the contrary, the 66,055
Director of Budget and Management may transfer up to $696,104 of 66,056
fiscal year 1998 appropriations and up to $715,287 of fiscal year 66,057
1999 appropriations from appropriation item 100-409, Departmental 66,058
Information Services, to any Department of Administrative 66,059
Services appropriation item in the General Revenue Fund. The 66,060
appropriations transferred shall be used to make payments for 66,061
Management Information Systems services. The Department of 66,062
Administrative Services shall establish charges for recovering 66,063
the costs of Management Information Systems activities. These 66,064
charges shall be deposited to the credit of the Departmental MIS 66,065
Fund (Fund 4P3), which is hereby created. 66,066
Section 19.16. Computer Equipment Purchases 66,068
The Director of Administrative Services shall compute the 66,070
amount of revenue attributable to the amortization of all 66,071
1486
equipment purchases from 100-607, Computer Services; 100-617, 66,072
Equipment Purchases; CAP-837, Major Equipment Purchases; and 66,073
CIR-837, Major Equipment Purchases, which is recovered by the 66,074
Department of Administrative Services as part of the rates 66,075
charged by Fund 133, Computer Services. The Director of Budget 66,076
and Management may transfer this revenue from Fund 133, Computer 66,077
Services, to Fund 4N6, Equipment Purchases. 66,078
Section 19.17. Multi-Agency Radio Communication System 66,080
Effective with the implementation of the Multi-Agency Radio 66,082
Communication System, the costs of operating and administering 66,083
the Multi-Agency Radio Communication System shall be supported by 66,085
user charges. The Director of Administrative Services, with the 66,086
advice of the Multi-Agency Radio Communication System steering 66,087
committee, shall determine charges that are sufficient to defray 66,088
the operating and administrative expenses of the system and the 66,089
manner by which such charges shall be collected. Such user 66,090
charges shall comply with applicable cost principles issued by 66,091
the federal Office of Management and Budget. All moneys 66,092
collected from user charges shall be deposited in the state 66,093
treasury to the credit of the Multi-Agency Radio Communication 66,094
System Administration Fund (Fund 5C2), which is hereby created. 66,095
All investment earnings of the fund shall be credited to the 66,096
fund.
The foregoing appropriation items 100-417, MARCS, and 66,098
100-605, MARCS Administration, shall be used to pay operating and 66,099
administrative costs incurred by the Department of Administrative 66,101
Services to develop and implement a multi-agency radio 66,102
communication system. Notwithstanding any other language to the 66,103
contrary, all fees, user charges, and reimbursements collected by 66,104
the Department of Administrative Services for costs incurred in 66,105
the MARCS and MARCS Administration appropriation items shall be 66,106
deposited into the state treasury to the credit of the 66,107
Multi-Agency Radio Communication System Administration Fund. 66,108
Multi-Agency Radio Communication System Debt Service 66,110
1487
Payments
The Director of Administrative Services, in consultation 66,112
with the Multi-Agency Radio Communication System (MARCS) Steering 66,113
Committee and the Director of Budget and Management, shall 66,114
determine the share of debt service payments attributable to 66,115
spending for MARCS components that are not specific to any one 66,116
agency and which shall be charged to agencies supported by the 66,117
motor fuel tax. Such share of debt service payments shall be 66,118
calculated for MARCS capital disbursements made beginning July 1, 66,120
1997. Within thirty days of any payment made from appropriation 66,121
item 100-447, OBA - Building Rent Payments, the Director of 66,122
Administrative Services shall certify to the Director of Budget 66,123
and Management the amount of this share. The Director of Budget 66,124
and Management shall transfer such amounts to the General Revenue 66,125
Fund from the Highway Operating Fund (Fund 002) established in 66,126
section 5735.281 of the Revised Code.
Section 19.18. General Services Refunds 66,128
The foregoing appropriation item 100-646, General Services 66,130
Refunds, shall be used to hold bid guarantee and building plans 66,132
and specifications deposits until they are refunded. The 66,133
Director of Administrative Services may request that the Director 66,134
of Budget and Management transfer cash received for the costs of 66,135
providing the building plans and specifications to contractors 66,136
from the General Services Refund Fund to Fund 131, State 66,137
Architect's Office. Prior to the transfer of cash, the Director 66,139
of Administrative Services shall certify that such amounts are in 66,140
excess of amounts required for refunding deposits and are 66,141
directly related to costs of producing building plans and 66,142
specifications. If it is determined that additional 66,143
appropriations are necessary, such amounts are hereby 66,144
appropriated.
Section 20. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 66,146
General Revenue Fund 66,148
GRF 029-321 Operating Expenses $ 340,590 $ 373,763 66,153
1488
TOTAL GRF General Revenue Fund $ 340,590 $ 373,763 66,156
TOTAL ALL BUDGET FUND GROUPS $ 340,590 $ 373,763 66,159
Operating 66,162
The House Clerk's Office and the Senate Clerk's Office 66,164
shall act as the fiscal agents for the Joint Committee on Agency 66,165
Rule Review.
Section 21. AGE DEPARTMENT OF AGING 66,167
General Revenue Fund 66,169
GRF 490-100 Personal Services $ 1,854,500 $ 1,900,863 66,174
GRF 490-200 Maintenance $ 886,142 $ 908,295 66,178
GRF 490-300 Equipment $ 16,400 $ 16,811 66,182
GRF 490-403 PASSPORT $ 54,279,852 $ 54,279,852 66,186
GRF 490-404 Eldercare $ 319,692 $ 273,708 66,190
GRF 490-408 Seniors in Schools $ 800,000 $ 2,000,000 66,194
GRF 490-409 Americorps Operations $ 237,238 $ 299,145 66,198
GRF 490-410 Long-Term Care 66,200
Ombudsman $ 1,437,048 $ 1,472,974 66,202
GRF 490-411 Senior Community 66,204
Services $ 13,000,000 $ 13,650,000 66,206
GRF 490-412 Residential State 66,208
Supplement (OSS) $ 12,236,294 $ 12,930,701 66,210
GRF 490-414 Alzheimers Respite $ 1,548,244 $ 1,574,450 66,214
GRF 490-415 Task Force Study $ 48,400 $ 33,500 66,218
GRF 490-499 State Match $ 14,865 $ 14,865 66,222
GRF 490-504 Senior Facilities $ 360,188 $ 369,193 66,226
GRF 490-506 Senior Volunteers $ 458,437 $ 469,148 66,230
TOTAL GRF General Revenue Fund $ 87,497,300 $ 90,193,505 66,233
General Services Fund Group 66,236
480 490-606 Senior Citizens 66,239
Services Special
Events $ 330,361 $ 339,611 66,241
5E9 490-619 Janis Center $ 43,628 $ 0 66,245
TOTAL GSF General Services Fund 66,246
Group $ 373,989 $ 339,611 66,249
1489
Federal Special Revenue Fund Group 66,252
3C4 490-607 PASSPORT $ 89,607,795 $ 110,835,504 66,257
3M3 490-611 Federal Aging 66,259
Nutrition $ 23,141,563 $ 21,825,557 66,261
3M4 490-612 Federal Supportive 66,263
Services $ 16,408,844 $ 15,090,843 66,265
3R7 490-617 Americorps Programs $ 7,079,474 $ 8,026,169 66,269
322 490-618 Older Americans $ 15,382,983 $ 13,634,767 66,273
TOTAL FED Federal Special Revenue 66,274
Fund Group $ 151,620,659 $ 169,412,840 66,277
State Special Revenue Fund Group 66,280
4C4 490-609 Bed Fee Collection 66,283
Account $ 736,550 $ 371,961 66,285
4H1 490-603 General Operations $ 647,640 $ 665,774 66,289
4J4 490-610 PASSPORT/Residential 66,291
State Supplement $ 28,000,000 $ 24,000,000 66,293
4U9 490-602 PASSPORT Fund $ 3,000,000 $ 3,000,000 66,297
TOTAL SSR State Special Revenue 66,298
Fund Group $ 32,384,190 $ 28,037,735 66,301
TOTAL ALL BUDGET FUND GROUPS $ 271,876,138 $ 287,983,691 66,304
Section 21.01. Pre-Admission Review for Nursing Facility 66,307
Admission 66,308
Pursuant to sections 5101.751 and 5101.754 of the Revised 66,311
Code and an interagency agreement, the Department of Human 66,312
Services shall designate the Department of Aging to perform 66,314
assessments under sections 5101.75 and 5111.204 of the Revised 66,316
Code. Of the foregoing appropriation 490-403, PASSPORT, the 66,318
Department of Aging may use not more than $2,060,000 in fiscal 66,319
year 1998 and $2,125,000 in fiscal year 1999 to perform the 66,321
assessments for persons not eligible for Medicaid in accordance 66,322
with the department's interagency agreement with the Department 66,324
of Human Services and to assist individuals in planning for their 66,326
long-term health care needs.
Section 21.02. PASSPORT 66,328
1490
Appropriation item 490-403, PASSPORT, and the amounts set 66,330
aside for the PASSPORT Waiver Program in the 490-610, 66,331
PASSPORT/Residential State Supplement appropriation item, may be 66,332
used to assess clients regardless of Medicaid eligibility. 66,334
The Director of Aging shall adopt rules in accordance with 66,336
section 111.15 of the Revised Code governing the nonwaiver funded 66,337
PASSPORT program, including client eligibility. 66,338
The Department of Aging shall administer the Medicaid 66,340
Waiver funded PASSPORT Home Care program as delegated by the 66,341
Department of Human Services in an interagency agreement. The 66,342
foregoing appropriation items 490-403, PASSPORT, 490-603, General 66,343
Operations, and the amounts set aside for the PASSPORT Waiver 66,345
Program in the 490-610, PASSPORT/Residential State Supplement 66,346
appropriation item, shall be used to provide the required state 66,348
match for federal Medicaid funds supporting the Medicaid Waiver 66,349
funded PASSPORT Home Care program. Appropriation item 490-403 66,350
and the amounts set aside for the PASSPORT Waiver Program in the 66,351
490-610, PASSPORT/Residential State Supplement appropriation 66,352
item, may also be used to support the Department of Aging's 66,354
administrative costs associated with operating the PASSPORT 66,355
program.
The foregoing appropriation item 490-607, PASSPORT, shall 66,357
be used to provide the federal matching share for all PASSPORT 66,358
program costs determined by the Department of Human Services to 66,359
be eligible for Medicaid reimbursement. 66,360
Eldercare Pilot 66,362
The foregoing appropriation item 490-404, Eldercare, shall 66,365
be used to fund the existing eldercare service programs and shall 66,366
be limited to providing services to those persons who are 66,367
enrolled in these programs on the effective date of this act. 66,368
Seniors in Schools 66,370
The Senior Volunteers in Schools program shall establish at 66,372
least one program in a rural district. 66,373
Senior Community Services 66,375
1491
The foregoing appropriation item 490-411, Senior Community 66,377
Services, shall be used for services designated by the Department 66,379
of Aging including, but not limited to, home-delivered meals, 66,381
transportation services, personal care services, respite 66,383
services, home repair and care coordination. The Department of 66,385
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 66,387
income, frail, and cognitively impaired persons age 60 and over. 66,389
The department shall promote cost sharing by service recipients 66,391
for those services funded with block grant funds, including, 66,393
where possible, sliding fee scale payment systems based on the 66,395
income of service recipients.
Alzheimers Respite 66,397
The foregoing appropriation item 490-414, Alzheimers 66,399
Respite, shall only be used to fund Alzheimer's disease services 66,401
under section 173.04 of the Revised Code.
Residential State Supplement 66,403
Under the Residential State Supplement Program, $800 shall 66,405
be the amount used for determining whether a resident of a 66,406
residential care facility, as defined in section 3721.01 of the 66,408
Revised Code, is eligible for payments under the program and for 66,409
determining the amount per month an eligible resident will 66,410
receive. The Departments of Aging and Human Services shall 66,411
reflect this amount in any applicable rules the departments adopt 66,412
under section 173.35 of the Revised Code. 66,413
Beginning October 1, 1997, Residential State Supplement 66,415
program providers who meet quality incentive criteria shall 66,416
receive quality incentive payments. Provider eligibility for such 66,418
payments shall be set forth by the Department of Aging, in rules 66,419
adopted under section 173.35 of the Revised Code. Each eligible 66,420
Residential State Supplement program provider shall receive 66,421
quality incentive payments of up to $50 per month for each 66,422
Residential State Supplement recipient residing in the provider's 66,423
facility.
1492
Transfer of Residential State Supplement Appropriations 66,425
The Department of Aging may transfer funds from the 66,427
foregoing appropriation items 490-412, Residential State 66,428
Supplement, and 490-610, PASSPORT/Residential State Supplement, 66,430
to the Department of Human Services' Fund 4J5, appropriation item 66,432
400-618, Residential State Supplement Payments. The funds shall 66,433
be used to make benefit payments to Residential State Supplement 66,435
recipients.
Long-term Care Ombudsman 66,437
The foregoing appropriation item 490-410, Long-term Care 66,439
Ombudsman, shall be used for a program to fund ombudsman program 66,442
activities in nursing homes, adult care facilities, boarding 66,443
homes, and home and community care services. 66,444
Bed Fee Collection 66,446
The foregoing appropriation item, 490-609, Bed Fee 66,448
Collection Account, shall be used to distribute bed fees 66,449
collected in accordance with section 173.26 of the Revised Code. 66,451
Funds collected through this account shall be used solely to pay 66,452
the costs of operating the regional long-term care ombudsman 66,453
programs.
PASSPORT/Residential State Supplement 66,455
The foregoing appropriation item 490-610, 66,457
PASSPORT/Residential State Supplement, shall be used by the 66,458
Department of Aging to fund the PASSPORT program and Residential 66,460
State Supplement program. 66,462
Of the foregoing appropriation item 490-610, 66,464
PASSPORT/Residential State Supplement, up to $2,835,000 each 66,465
fiscal year shall be used to fund the Residential State 66,467
Supplement program. The remaining available funds shall be used 66,468
to fund the PASSPORT program. 66,469
Martin Janis Senior Citizens Center 66,471
There is hereby established in the state treasury Fund 5E9, 66,473
Janis Center Fund, which shall be used for the purpose of 66,474
providing maintenance of the Martin Janis Senior Citizens Center 66,475
1493
in Columbus. All remaining moneys credited to Fund 481, Golden 66,476
Age Village Rental, on the effective date of this legislation 66,477
shall be transferred to Fund 5E9, Janis Center, and Fund 481, 66,478
Golden Age Village Rental, shall be dissolved. 66,479
Section 21.03. Residential State Supplement 66,481
When the Department of Aging, in consultation with the 66,483
Director of Budget and Management, determines that available 66,484
funding is insufficient to make payments to all eligible 66,485
individuals, the department may establish priority policies to 66,486
further limit eligibility criteria. 66,487
Transfer of Appropriations - Federal Aging Nutrition, 66,489
Federal Supportive Services, and Older Americans Act 66,491
Upon written request of the Director of the Department of 66,493
Aging, the Director of Budget and Management may transfer 66,495
appropriation authority among line items 490-611, Federal Aging 66,497
Nutrition, 490-612, Federal Supportive Services, and 490-618, 66,499
Older Americans, in amounts not to exceed 30 per cent of the 66,500
appropriation from which the transfer is made. The Department of
Aging shall report such transfers to the Controlling Board at the 66,502
next regularly scheduled meeting of the board. 66,504
Americorps 66,506
The foregoing appropriation items 490-409, Americorps 66,508
Operations, and 490-617, Americorps Programs, shall be used as 66,509
specified in the section of this bill with the heading, 66,510
"Governor's Community Service Council" and in accordance with 66,512
section 121.40 of the Revised Code.
Section 21.04. Task Force to Study Grandparents Raising 66,514
Grandchildren
There is hereby created the Grandparents Raising 66,516
Grandchildren Task Force consisting of the following members: 66,517
the Director of Human Services or the Director's designee, the 66,518
Director of Aging or the Director's designee, two representatives 66,519
of the Ohio Association of Area Agencies on Aging as designated 66,520
by the Association, a representative of the Ohio Association of 66,521
1494
Community Action Agencies as designated by the Association, two 66,522
persons representing county departments of human services in 66,523
urban counties as designated by the chairperson, two persons 66,524
representing county departments of human services in rural 66,525
counties as designated by the chairperson, a representative from 66,526
the state's Kinship Care Task Force as designated by that Task 66,527
Force, and five additional members appointed by the chairperson. 66,528
Of the five additional members of the Task Force, no more than 66,529
three may be from the same political party. The Speaker of the 66,530
House of Representatives and the President of the Senate jointly 66,531
shall appoint the chairperson of the Task Force no later than 66,532
August 1, 1997. Appointments required to be made to the Task 66,533
Force by the chairperson shall be made no later than September 1, 66,535
1997. Vacancies shall be filled in the same manner as original 66,536
appointments. Members of the Task Force shall serve without 66,537
compensation, except that they shall be reimbursed for any 66,538
expenses they incur in attending meetings or conducting any other 66,539
duties pursuant to their representation on the Task Force.
Administrative expenses of the Task Force and expenses of the 66,540
members shall be divided between the Department of Human Services 66,542
and the Department of Aging and each agency shall pay half of 66,543
those expenses.
The Task Force shall meet at the call of the chairperson. 66,545
The Task Force shall study the unique needs of grandparents 66,546
raising their grandchildren and develop an action plan to address 66,547
their needs. As part of conducting the study and developing the 66,548
action plan, the Task Force shall conduct a survey to determine 66,549
the number of grandparents raising their grandchildren in the 66,550
state and what the needs of those grandparents are. Prior to 66,551
June 1, 1999, the Task Force shall report its activities, 66,552
findings, recommendations, and action plan to the Governor, the 66,553
Speaker of the House of Representatives, and the President of the 66,555
Senate. The Task Force shall cease to exist on making its
report. 66,556
1495
Task Force to Study Grandparents Raising Grandchildren - 66,558
Appropriations 66,559
The Department of Aging and the Department of Human 66,561
Services shall pay the administrative expenses of the Task Force 66,562
to Study Grandparents Raising Grandchildren, including 66,563
reimbursable expenses incurred by the members. The foregoing 66,564
appropriation item 490-415, Task Force Study, shall be used to 66,565
pay such expenses. 66,566
Section 22. AGR DEPARTMENT OF AGRICULTURE 66,568
General Revenue Fund 66,570
GRF 700-100 Personal Services $ 1,945,266 $ 1,993,898 66,575
GRF 700-200 Maintenance $ 863,378 $ 884,962 66,579
GRF 700-300 Equipment $ 333,300 $ 341,633 66,583
GRF 700-401 Animal Disease 66,585
Control $ 4,060,689 $ 4,057,666 66,587
GRF 700-402 Amusement Ride Safety $ 313,863 $ 321,710 66,591
GRF 700-403 Milk Lab Program $ 1,052,113 $ 1,078,551 66,595
GRF 700-404 Ohio Proud $ 267,871 $ 271,309 66,599
GRF 700-405 Animal Damage Control $ 146,063 $ 149,715 66,603
GRF 700-406 Consumer Analytical 66,605
Lab $ 788,033 $ 807,749 66,607
GRF 700-407 Foods, Dairies and 66,609
Drugs $ 1,584,208 $ 1,546,861 66,611
GRF 700-410 Plant Industry $ 1,441,904 $ 1,464,646 66,615
GRF 700-411 International Trade 66,617
and Market
Development $ 1,159,635 $ 1,177,127 66,619
GRF 700-412 Weights and Measures $ 1,041,375 $ 1,063,566 66,623
GRF 700-413 Gypsy Moth Prevention $ 377,908 $ 387,243 66,627
GRF 700-415 Poultry Inspection $ 258,259 $ 266,391 66,631
GRF 700-424 Livestock Testing and 66,633
Inspections $ 202,000 $ 207,050 66,635
GRF 700-499 Meat Inspection Match $ 4,258,376 $ 4,343,522 66,639
1496
GRF 700-501 County Agricultural 66,641
Societies $ 470,000 $ 470,000 66,643
GRF 700-503 Swine and Cattle 66,645
Breeder Awards $ 125,000 $ 125,000 66,647
TOTAL GRF General Revenue Fund $ 20,689,241 $ 20,958,599 66,650
Federal Special Revenue Fund Group 66,653
3J4 700-607 Indirect Cost $ 969,649 $ 905,307 66,658
3R2 700-614 Federal Plant 66,659
Industry $ 617,071 $ 598,284 66,661
326 700-618 Meat Inspection 66,663
Service $ 4,208,376 $ 4,293,522 66,665
336 700-617 Ohio Farm Loan 66,667
Revolving Fund $ 194,180 $ 194,180 66,669
382 700-601 Cooperative Contracts $ 732,142 $ 738,087 66,673
TOTAL FED Federal Special Revenue 66,674
Fund Group $ 6,721,418 $ 6,729,380 66,677
State Special Revenue Fund Group 66,680
4C9 700-605 Commercial Feed, 66,683
Fertilizer and Lime
Inspection $ 756,293 $ 739,700 66,685
4E4 700-606 Utility Radiological 66,687
Safety $ 95,552 $ 97,958 66,689
4P7 700-610 Food Safety $ 215,453 $ 220,840 66,693
4R0 700-636 Ohio Proud Marketing $ 25,700 $ 25,700 66,697
4R2 700-637 Dairy Inspection Fund $ 2,318,652 $ 2,379,199 66,701
4T6 700-611 Poultry and Meat 66,703
Inspection $ 59,945 $ 61,444 66,705
4T7 700-613 International Trade 66,707
Rotary $ 28,784 $ 28,784 66,709
4V0 700-602 Grade A License Fees $ 32,413 $ 32,413 66,713
4V5 700-615 Animal Industry 66,715
Laboratory Fund $ 12,850 $ 12,850 66,717
493 700-603 Fruits and Vegetables $ 340,802 $ 349,323 66,721
1497
494 700-612 Agricultural 66,723
Commodity Marketing
Program $ 207,142 $ 212,322 66,725
496 700-626 Ohio Grape Industries $ 508,214 $ 515,794 66,729
497 700-627 Commodity Handlers 66,731
Regulatory Program $ 881,313 $ 903,346 66,733
578 700-620 Ride Inspection Fees $ 293,986 $ 301,336 66,737
579 700-630 Scale Certification $ 125,228 $ 128,359 66,741
652 700-634 Laboratory Services $ 761,009 $ 763,451 66,745
669 700-635 Pesticide Program $ 1,474,629 $ 1,495,787 66,749
TOTAL SSR State Special Revenue 66,750
Fund Group $ 8,137,965 $ 8,268,606 66,753
TOTAL ALL BUDGET FUND GROUPS $ 35,548,624 $ 35,956,585 66,756
Animal Disease Control 66,759
Of the foregoing appropriation item 700-401, Animal Disease 66,761
Control, $50,000 in each fiscal year shall be distributed to the 66,763
Hocking Technical College for the Animal Research Lab. 66,764
Of the foregoing appropriation item 700-401, Animal Disease 66,766
Contro, $100,000 in each fiscal year shall be used for Johnne's 66,767
disease.
Dairy Industry Committee 66,769
Of the foregoing appropriation item 700-407, Foods, Dairies 66,771
and Drugs, $75,000 is fiscal year 1998 shall be used by the Dairy 66,772
Industry Committee to assist the dairy industry in oversight of 66,773
the Dairy Industry Strategic Plan.
International Trade and Market Development 66,775
The foregoing appropriation item 700-411, International 66,777
Trade and Market Development, shall be used to develop domestic 66,778
and international markets for Ohio agricultural products. 66,779
Coyote Kill Reimbursement 66,781
Appropriation item 700-405, Animal Damage Control, may be 66,784
used for coyote kill reimbursement pursuant to sections 955.51 to 66,785
955.53 of the Revised Code. 66,786
Exotic Meat Inspection 66,788
1498
Of the foregoing appropriation item 700-499, Meat 66,790
Inspection Match, $50,000 in fiscal year 1998 and $50,000 in 66,791
fiscal year 1999 shall be used for the inspection of exotic meat. 66,792
Section 23. AIR AIR QUALITY DEVELOPMENT AUTHORITY 66,794
Agency Fund Group 66,796
570 898-601 Operating Expenses $ 192,760 $ 197,579 66,801
4Z9 898-602 Small Business 66,803
Ombudsman $ 215,000 $ 200,000 66,805
5A0 898-603 Small Business 66,807
Assistance $ 250,000 $ 180,000 66,809
TOTAL AGY Agency Fund Group $ 657,760 $ 577,579 66,812
TOTAL ALL BUDGET FUND GROUPS $ 657,760 $ 577,579 66,815
Section 24. ADA DEPARTMENT OF ALCOHOL AND 66,818
DRUG ADDICTION SERVICES 66,819
General Revenue Fund 66,821
GRF 038-321 Operating Expenses $ 1,450,079 $ 1,484,864 66,826
GRF 038-411 Prevention Services $ 3,636,551 $ 3,636,551 66,830
GRF 038-412 Treatment Services $ 22,703,684 $ 23,826,214 66,834
TOTAL GRF General Revenue Fund $ 27,790,314 $ 28,947,629 66,837
Federal Special Revenue Fund Group 66,840
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 66,845
3G4 038-622 SAPT Block Grant - 66,847
Prevention/
Interaction $ 15,145,216 $ 15,315,265 66,850
3G4 038-623 SAPT Block Grant - 66,852
Treatment $ 44,543,127 $ 44,418,183 66,854
3G4 038-624 SAPT Block Grant - 66,856
Quality and Planning $ 886,342 $ 901,963 66,858
3G4 038-625 SAPT Block Grant 66,860
Administration $ 1,389,923 $ 1,329,197 66,862
3H5 038-607 JOBS Program $ 700,000 $ 700,000 66,866
3H8 038-609 Demonstration Grants $ 2,932,322 $ 2,932,322 66,870
3J8 038-610 Medicaid $ 19,000,000 $ 21,500,000 66,874
1499
3N8 038-611 Administrative 66,876
Reimbursement $ 616,875 $ 607,301 66,878
TOTAL FED Federal Special Revenue 66,879
Fund Group $ 89,566,370 $ 92,056,796 66,882
State Special Revenue Fund Group 66,885
4C5 038-606 Revolving Loans for 66,888
Recovery Homes $ 20,000 $ 20,000 66,890
4X0 038-617 State Prevention and 66,892
Intervention $ 2,506,871 $ 2,473,498 66,894
4X0 038-618 State Treatment 66,896
Services $ 10,596,501 $ 10,684,655 66,898
4X0 038-619 State Quality and 66,900
Planning $ 464,448 $ 480,604 66,902
4X0 038-620 State Administration $ 1,189,651 $ 1,224,558 66,906
4X4 038-613 Behavioral Health 66,908
Medicaid Services $ 19,187,025 $ 19,187,025 66,910
689 038-604 Education and 66,912
Conferences $ 243,597 $ 250,419 66,914
TOTAL SSR State Special Revenue 66,915
Fund Group $ 34,208,093 $ 34,320,759 66,918
TOTAL ALL BUDGET FUND GROUPS $ 151,564,777 $ 155,325,184 66,921
Vocational Rehabilitation Services Agreement 66,924
The Department of Alcohol and Drug Addiction Services and 66,926
the Rehabilitation Services Commission shall enter into an 66,927
interagency agreement for the provision of vocational 66,928
rehabilitation services and staff to mutually eligible clients. 66,929
Of the foregoing appropriation, 038-411, Prevention Services, an
amount up to $171,395 in fiscal year 1998 and $171,395 in fiscal 66,930
year 1999 may be transferred to the Rehabilitation Services 66,931
Commission to provide vocational rehabilitation services and 66,932
staff in accordance with the interagency agreement. 66,933
Treatment Services Expansion 66,935
Of the foregoing appropriation item 038-412, Treatment 66,937
Services, $5,000,000 in fiscal year 1998 and $5,000,000 in fiscal 66,938
1500
year 1999 shall be used by the Department of Alcohol and Drug 66,940
Addiction Services to expand community-based treatment of 66,941
nonviolent offenders and for rural treatment services. 66,942
Transfer of Appropriations - Prevention/Intervention, 66,944
Treatment, Quality, and Administration 66,946
Upon written request of the Director of Alcohol and Drug 66,948
Addiction Services, the Director of Budget and Management may 66,950
make transfers among appropriation line items 038-411, Prevention 66,952
Services, and 038-412, Treatment Services, transfers among 66,954
appropriation line items 038-622, SAPT Block Grant - 66,955
Prevention/Intervention, 038-623, SAPT Block Grant - Treatment, 66,956
038-624, SAPT Block Grant - Quality and Planning, and 038-625, 66,958
SAPT Block Grant - Administration, and transfers among 66,960
appropriation line items, 038-617, State Prevention and 66,962
Intervention, 038-618, State Treatment Services, 038-619, State 66,963
Quality and Planning, and 038-620, State Administration, in 66,964
amounts not to exceed a total of 30 per cent of the appropriation 66,966
from which the transfer is made or $100,000, whichever is less, 66,968
within a fiscal year. The Department of Alcohol and Drug 66,970
Addiction Services shall report such transfers to the Controlling 66,971
Board at the next regularly scheduled meeting of the board.
Fund Transfer 66,973
No later than 60 days after the effective date of this 66,975
section, the Director of Budget and Management shall transfer the 66,976
balance of Fund 474, Driver's Treatment and Intervention Fund, 66,977
and the balance of Fund 475, Alcoholism Detoxification Centers 66,978
Fund, to Fund 4X0, Alcohol and Drug Addiction Services.
Behavioral Health Medicaid Services 66,980
The Department of Alcohol and Drug Addiction Services shall 66,982
administer specified Medicaid services as delegated by the 66,983
Department of Human Services in an interagency agreement. The 66,984
foregoing appropriation item 038-613, Behavioral Health Medicaid 66,985
Services, shall be used to make monthly payments to the statewide 66,986
Behavioral Health Care vendor responsible for managing the
1501
specified Medicaid services transferred from the Department of 66,987
Human Services.
Section 25. AMB AMBULANCE LICENSING BOARD 66,989
State Special Revenue Fund Group 66,991
4N1 915-601 Operating $ 211,896 $ 217,446 66,996
TOTAL SSR State Special Revenue 66,997
Fund Group $ 211,896 $ 217,446 67,000
TOTAL ALL BUDGET FUND GROUPS $ 211,896 $ 217,446 67,003
Section 26. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 67,006
General Services Fund Group 67,008
4K9 891-609 Operating $ 403,195 $ 410,838 67,013
TOTAL GSF General Services Fund 67,014
Group $ 403,195 $ 410,838 67,017
TOTAL ALL BUDGET FUND GROUPS $ 403,195 $ 410,838 67,020
Section 27. ART OHIO ARTS COUNCIL 67,023
General Revenue Fund 67,025
GRF 370-100 Personal Services $ 1,959,769 $ 2,071,379 67,030
GRF 370-200 Maintenance $ 777,000 $ 761,000 67,034
GRF 370-300 Equipment $ 72,560 $ 33,500 67,038
GRF 370-502 Program Subsidies $ 11,703,983 $ 12,468,519 67,042
TOTAL GRF General Revenue Fund $ 14,513,312 $ 15,334,398 67,045
General Services Fund Group 67,048
460 370-602 Gifts and Donations $ 113,958 $ 116,995 67,053
4B7 370-603 Per Cent for Art 67,055
Acquisitions $ 77,085 $ 79,243 67,057
TOTAL GSF General Services Fund 67,058
Group $ 191,043 $ 196,238 67,061
Federal Special Revenue Fund Group 67,064
314 370-601 Federal Programs $ 617,800 $ 617,800 67,069
TOTAL FED Federal Special Revenue 67,070
Fund Group $ 617,800 $ 617,800 67,073
TOTAL ALL BUDGET FUND GROUPS $ 15,322,155 $ 16,148,436 67,076
Program Subsidies 67,079
A museum is not eligible to receive funds from 67,081
1502
appropriation item 370-502, Program Subsidies, if $8,000,000 or 67,082
more in capital appropriations were appropriated by the state for 67,083
the museum between January 1, 1986, and December 31, 1998. 67,085
Of the foregoing appropriation item 370-502, Program 67,087
Subsidies, $30,000 shall be used for the Ohio-Israeli Cultural 67,088
Exchange Program in fiscal year 1998. 67,089
Per Cent for Art Acquisitions 67,091
The unobligated balance remaining from prior projects of 67,093
appropriation line item 370-603, Per Cent for Art Acquisitions, 67,094
shall be used by the Ohio Arts Council to pay for start-up costs 67,095
in connection with the selection of artists of new Per Cent for 67,096
Art projects. 67,097
In accordance with section 3379.10 of the Revised Code, the 67,099
Director of Budget and Management shall determine which 67,100
appropriations in this act are subject to the Per Cent for the 67,101
Arts Program. Not later than forty-five days after the effective 67,102
date of this section, the Director of Budget and Management shall 67,103
submit to the Director of the Ohio Arts Council and the 67,104
Controlling Board a report detailing the affected capital 67,105
projects by agency and the appropriation line item number, the 67,106
amount of the appropriation and the amount of the appropriation 67,107
reserved for the Per Cent for the Arts Program. 67,108
Section 28. AFC OHIO ARTS AND SPORTS FACILITIES 67,110
COMMISSION
General Revenue Fund 67,112
GRF 371-321 Operating Expenses $ 727,906 $ 837,906 67,117
GRF 371-401 Lease Rental Payments $ 15,903,000 $ 24,775,000 67,121
TOTAL GRF General Revenue Fund $ 16,630,906 $ 25,612,906 67,124
General Services Fund Group 67,127
4T8 371-601 Administration Fund $ 20,560 $ 21,136 67,132
5A1 371-602 Capital Donations $ 1,000,000 $ 1,000,000 67,136
TOTAL GSF General Services Fund $ 1,020,560 $ 1,021,136 67,139
Group
TOTAL ALL BUDGET FUND GROUPS $ 17,651,466 $ 26,634,042 67,142
1503
Capital Donations Fund 67,145
The Executive Director of the Arts and Sports Facilities 67,147
Commission shall certify to the Director of Budget and Management 67,148
the amount of cash receipts and related investment income, 67,149
irrevocable letters of credit from a bank or private nonprofit 67,150
entity, or certification of the availability of funds which have 67,151
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 67,152
line item 371-602, Capital Donations. Prior to certifying these 67,153
amounts to the director, the executive director shall make a 67,154
written agreement with the participating entity on the necessary 67,155
cash flows required for the anticipated construction or equipment 67,156
acquisition project.
Ohio Building Authority Lease Payments 67,158
Appropriations to the Arts and Sports Facilities Commission 67,160
from the General Revenue Fund include $40,678,000 for the 67,161
biennium for appropriation item 371-401, Lease Rental Payments. 67,162
This appropriation shall be used for payments to the Ohio 67,163
Building Authority for the period July 1, 1997 to June 30, 1999, 67,164
pursuant to the primary leases and agreements for those buildings 67,165
made under Chapter 152. of the Revised Code which are the source 67,166
of funds pledged for bond service charges on related obligations 67,167
issued pursuant to Chapter 152. of the Revised Code. 67,168
Section 29. ATH ATHLETIC COMMISSION 67,170
General Services Fund Group 67,172
4K9 175-609 Operating Expenses $ 125,374 $ 129,378 67,177
TOTAL GSF General Services Fund 67,178
Group $ 125,374 $ 129,378 67,181
TOTAL ALL BUDGET FUND GROUPS $ 125,374 $ 129,378 67,184
Operating Expenses Fund Switch 67,187
At the request of the Executive Director of the Ohio 67,189
Athletic Commission, the Director of Budget and Management may 67,190
cancel encumbrances in the General Revenue Fund and Fund 4T9 and 67,191
reestablish such encumbrances or parts of encumbrances in fiscal 67,192
1504
year 1998 in the Occupational Licensing and Regulatory Fund (Fund 67,193
4K9) for the same purpose and to the same vendor. The Director 67,194
of Budget and Management shall reduce the appropriation balance 67,195
in fiscal year 1997 by the amount of encumbrances canceled in the 67,196
General Revenue Fund and Fund 4T9. As determined by the Director 67,197
of Budget and Management, the appropriation authority necessary 67,198
to reestablish such encumbrances or parts of encumbrances in 67,199
fiscal year 1998 in the Occupational Licensing and Regulatory
Fund (Fund 4K9) for the Ohio Athletic Commission is hereby 67,201
appropriated. At such time that the Director of Budget and 67,202
Management deems appropriate, the remaining cash balance of Fund 67,203
4T9 shall be transferred to Fund 4K9.
Section 30. AGO ATTORNEY GENERAL 67,205
General Revenue Fund 67,207
GRF 055-321 Operating Expenses $ 43,834,173 $ 46,025,881 67,212
GRF 055-405 Law-Related Education $ 180,472 $ 184,984 67,216
GRF 055-406 Community Police 67,218
Match and Law
Enforcement
Assistance $ 3,100,000 $ 3,255,000 67,220
GRF 055-411 County Sheriffs $ 557,475 $ 574,525 67,224
GRF 055-415 County Prosecutors $ 469,012 $ 481,544 67,228
TOTAL GRF General Revenue Fund $ 48,141,132 $ 50,521,934 67,231
General Services Fund Group 67,234
106 055-612 General Reimbursement $ 9,518,659 $ 9,760,522 67,239
107 055-624 Employment Services $ 1,224,262 $ 1,255,052 67,243
195 055-660 Workers' Compensation 67,245
Section $ 5,376,676 $ 5,778,843 67,247
418 055-615 Charitable 67,249
Foundations $ 1,311,143 $ 1,344,756 67,251
420 055-603 Attorney General 67,253
Antitrust $ 83,417 $ 212,223 67,255
421 055-617 Police Officers' 67,257
Training Academy Fee $ 937,624 $ 962,042 67,259
1505
5A9 055-618 Telemarketing Fraud 67,261
Enforcement $ 150,000 $ 150,000 67,263
590 055-633 Peace Officer Private 67,265
Security Fund $ 168,276 $ 172,653 67,267
629 055-636 Corrupt Activity 67,269
Investigation and
Prosecution $ 95,103 $ 97,766 67,271
631 055-637 Consumer Protection 67,273
Enforcement $ 441,429 $ 453,012 67,275
TOTAL GSF General Services Fund 67,276
Group $ 19,306,589 $ 20,186,869 67,279
Federal Special Revenue Fund Group 67,281
3E5 055-638 Anti-Drug Abuse $ 717,217 $ 717,217 67,286
306 055-620 Medicaid Fraud 67,288
Control $ 2,147,504 $ 2,147,504 67,290
381 055-611 Civil Rights Legal 67,292
Service $ 307,638 $ 315,329 67,294
383 055-634 Crime Victims 67,296
Assistance $ 5,078,000 $ 5,078,000 67,298
TOTAL FED Federal Special Revenue 67,299
Fund Group $ 8,250,359 $ 8,258,050 67,302
State Special Revenue Fund Group 67,305
108 055-622 Crime Victims 67,308
Compensation $ 3,577,625 $ 3,711,576 67,310
176 055-625 Victims Assistance 67,312
Office $ 336,168 $ 344,776 67,314
177 055-626 Victims Assistance 67,316
Programs $ 1,651,815 $ 1,698,066 67,318
4L6 055-606 DARE Programs $ 3,633,670 $ 3,735,083 67,322
417 055-621 Domestic Violence 67,324
Shelter $ 12,734 $ 13,091 67,326
419 055-623 Claims Section $ 14,014,063 $ 15,590,586 67,330
659 055-641 Solid and Hazardous 67,332
Waste Background
1506
Investigations $ 768,167 $ 787,815 67,334
TOTAL SSR State Special Revenue 67,335
Fund Group $ 23,994,242 $ 25,880,993 67,338
Holding Account Redistribution Fund Group 67,341
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 67,346
R04 055-631 General Holding 67,348
Account $ 75,000 $ 75,000 67,350
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 67,354
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 67,358
R42 055-601 Organized Crime 67,360
Commission $ 200,000 $ 200,000 67,362
TOTAL 090 Holding Account 67,363
Redistribution Fund Group $ 1,040,600 $ 1,040,600 67,366
TOTAL ALL BUDGET FUND GROUPS $ 100,732,922 $ 105,888,446 67,369
Law-Related Education 67,372
The foregoing appropriation item 055-405, Law-Related 67,374
Education, shall be distributed directly to the Ohio Center for 67,375
Law-Related Education for the purposes of providing continuing 67,376
citizenship education activities to primary and secondary 67,377
students and accessing additional public and private money for 67,378
new programs. 67,379
Workers' Compensation Section 67,381
The Workers' Compensation Section Fund (Fund 195) shall 67,383
receive payments from the Bureau of Workers' Compensation and the 67,384
Ohio Industrial Commission at the beginning of each quarter of 67,385
each fiscal year to fund legal services to be provided to the 67,386
Bureau of Workers' Compensation and the Ohio Industrial 67,387
Commission during the ensuing quarter. Such advance payment 67,388
shall be subject to adjustment. 67,389
In addition, the Bureau of Workers' Compensation shall 67,391
transfer payments at the beginning of each quarter for the 67,392
support of the Workers' Compensation Fraud Unit. 67,393
All amounts shall be mutually agreed upon by the Attorney 67,395
General, the Bureau of Workers' Compensation, and the Ohio 67,396
1507
Industrial Commission. 67,397
Corrupt Activity Investigation and Prosecution 67,399
The foregoing appropriation item 055-636, Corrupt Activity 67,401
Investigation and Prosecution, shall be used to transfer funds 67,402
deposited pursuant to division (I) of section 2923.31 of the 67,403
Revised Code. If it is determined that additional amounts are 67,404
necessary, the amounts are hereby appropriated. 67,405
Section 31. AUD AUDITOR OF STATE 67,407
General Revenue Fund 67,409
GRF 070-321 Operating Expenses $ 30,741,439 $ 31,663,682 67,414
GRF 070-405 Electronic Data 67,416
Processing - Auditing
and Administration $ 586,295 $ 600,952 67,418
GRF 070-406 Uniform Accounting 67,420
Network $ 2,000,000 $ 2,050,000 67,422
TOTAL GRF General Revenue Fund $ 33,327,734 $ 34,314,634 67,425
General Services Fund 67,428
109 070-601 Public Audit Expense 67,431
- Intra-State $ 7,436,359 $ 7,965,196 67,433
422 070-601 Public Audit Expense 67,435
- Local Government $ 30,443,318 $ 32,598,189 67,437
584 070-603 Training Program $ 143,274 $ 152,550 67,441
675 070-605 Uniform Accounting 67,443
Network $ 1,122,095 $ 1,148,501 67,445
TOTAL GSF General Services Fund 67,446
Group $ 39,145,046 $ 41,864,436 67,449
Holding Account Redistribution Fund Group 67,452
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 67,457
TOTAL 090 Holding Account 67,458
Redistribution Fund Group $ 200,000 $ 200,000 67,461
TOTAL ALL BUDGET FUND GROUPS $ 72,672,780 $ 76,379,070 67,464
Electronic Data Processing 67,467
The unencumbered balance of appropriation item 070-405, 67,469
Electronic Data Processing-Auditing and Administration, at the 67,470
1508
end of fiscal year 1998 is hereby transferred to fiscal year 1999 67,471
for use under the same appropriation line item. 67,472
Uniform Accounting Network 67,474
The foregoing appropriation item 070-406, Uniform 67,476
Accounting Network, shall be used to pay the costs of the 67,477
development and implementation of the Uniform Accounting Network. 67,478
The unencumbered balance of the appropriation at the end of 67,479
fiscal year 1998 is hereby transferred to fiscal year 1999 to pay 67,480
the costs of the development and implementation of the Uniform 67,481
Accounting Network. 67,482
County Treasurer Education Fund 67,484
Thirty days after the effective date of this section, the 67,486
Auditor of State and the Treasurer of State shall certify to the 67,488
Director of Budget and Management an agreed upon amount of cash 67,490
to be transferred from the shared County Treasurer Education Fund 67,491
(Fund 5C5) to the Training Program Fund (Fund 584) in the Auditor 67,492
of State's office. As determined by the Director, the 67,493
appropriation authority necessary to reestablish such 67,494
encumbrances in fiscal year 1998 in the Training Program Fund 67,495
(Fund 584) is hereby appropriated.
Section 32. BRB BOARD OF BARBER EXAMINERS 67,497
General Services Fund Group 67,499
4K9 877-609 Operating $ 177,551 $ 181,893 67,504
TOTAL GSF General Services Fund 67,505
Group $ 177,551 $ 181,893 67,508
TOTAL ALL BUDGET FUND GROUPS $ 177,551 $ 181,893 67,511
Section 33. OBM OFFICE OF BUDGET AND MANAGEMENT 67,514
General Revenue Fund 67,516
GRF 042-321 Budget Development 67,519
and Implementation $ 2,069,420 $ 2,110,808 67,521
GRF 042-401 Office of Quality 67,523
Services $ 549,977 $ 556,875 67,525
GRF 042-405 Management 67,527
Consultants $ 95,000 $ 95,000 67,529
1509
GRF 042-410 National Association 67,531
Dues $ 37,170 $ 39,029 67,533
GRF 042-412 Biennial Audit $ 0 $ 40,000 67,537
GRF 042-420 Economic Development 67,539
Study $ 450,000 $ 0 67,541
GRF 042-434 Financial Planning 67,543
Commissions $ 490,306 $ 443,425 67,545
GRF 042-435 Gubernatorial 67,547
Transition $ 0 $ 250,000 67,549
TOTAL GRF General Revenue Fund $ 3,691,873 $ 3,535,137 67,552
General Services Fund Group 67,555
105 042-603 State Accounting $ 8,832,348 $ 7,003,613 67,560
4C1 042-601 Quality Services 67,562
Academy $ 62,345 $ 64,090 67,564
TOTAL GSF General Services Fund 67,565
Group $ 8,894,693 $ 7,067,703 67,568
TOTAL ALL BUDGET FUND GROUPS $ 12,586,566 $ 10,602,840 67,571
Office of Quality Services 67,574
A portion of the foregoing appropriation item 042-401, 67,576
Office of Quality Services, may be used to provide financial 67,577
sponsorship support for conferences and showcases that promote 67,578
quality improvement efforts. Such expenditures are not subject 67,579
to Chapter 125. of the Revised Code.
Economic Development Study 67,581
The foregoing appropriation item 042-420, Economic 67,583
Development Study, shall be used to complete the study authorized 67,584
by Section 4 of Am. Sub. H.B. 442 of the 121st General Assembly. 67,585
Audit Costs 67,587
Of the foregoing appropriation item 042-603, State 67,589
Accounting, no more than $275,000 in fiscal year 1998 and 67,590
$285,000 in fiscal year 1999 shall be used to pay for centralized 67,591
audit costs associated with either Single Audit Schedules or the 67,592
General Purpose Financial Statements for the state. 67,593
Section 34. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 67,595
1510
General Revenue Fund 67,597
GRF 874-321 Operating Expenses $ 3,621,069 $ 3,280,445 67,602
TOTAL GRF General Revenue Fund $ 3,621,069 $ 3,280,445 67,605
4G5 874-603 Capitol Square 67,607
Renovation Gift $ 931,585 $ 926,549 67,609
4S7 874-602 Sale of Goods and 67,611
Services $ 175,584 $ 200,600 67,613
4T2 874-604 Capitol Square 67,615
Improvements $ 301,201 $ 309,634 67,617
TOTAL GSF General Services 67,618
Fund Group $ 1,408,370 $ 1,436,783 67,621
2O8 874-601 Underground Parking 67,623
Garage Operating $ 2,154,206 $ 2,211,290 67,625
TOTAL ISF Underground Parking 67,626
Garage $ 2,154,206 $ 2,211,290 67,629
TOTAL ALL BUDGET FUND GROUPS $ 7,183,645 $ 6,928,518 67,632
Security Costs 67,635
Of the appropriation item 874-321, Operating Expenses, at 67,637
least $300,000 in fiscal year 1998 shall be used for security 67,638
costs.
Video Conferencing Equipment and Upkeep 67,640
Of the appropriation item 874-603, Capitol Square 67,642
Renovation Gift, $40,000 in fiscal year 1998 and $10,000 in 67,643
fiscal year 1999 shall be used for video conferencing equipment 67,644
and upkeep.
Capital Square Improvement Fund Transfer 67,646
Amounts transferred by the Director of Budget and 67,648
Management from appropriation item 874-601, Underground Parking 67,649
Garage Operating (Fund 208), to the Capital Square Improvements 67,650
item 874-604 (Fund 4T2), pursuant to division (J) of section 67,651
105.41 of the Revised Code, are hereby appropriated.
Section 35. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 67,653
General Services Fund Group 67,655
4K9 878-609 Operating $ 463,063 $ 469,849 67,660
1511
TOTAL GSF General Services Fund 67,661
Group $ 463,063 $ 469,849 67,664
TOTAL ALL BUDGET FUND GROUPS $ 463,063 $ 469,849 67,667
Section 36. CIV OHIO CIVIL RIGHTS COMMISSION 67,670
General Revenue Fund 67,672
GRF 876-100 Personal Services $ 8,302,467 $ 8,569,509 67,677
GRF 876-200 Maintenance $ 1,025,801 $ 1,054,130 67,681
GRF 876-300 Equipment $ 237,900 $ 198,301 67,685
GRF 876-401 African American 67,687
Males $ 664,203 $ 680,808 67,689
TOTAL GRF General Revenue Fund $ 10,230,371 $ 10,502,748 67,692
State Special Revenue Fund 67,695
4H3 876-603 African American 67,698
Males Gifts and
Grants $ 375,729 $ 375,729 67,700
TOTAL SSR State Special Revenue 67,701
Fund $ 375,729 $ 375,729 67,704
Federal Special Revenue Fund Group 67,707
334 876-601 Federal Programs $ 2,851,579 $ 2,851,579 67,712
TOTAL FED Federal Special Revenue 67,713
Fund Group $ 2,851,579 $ 2,851,579 67,716
TOTAL ALL BUDGET FUND GROUPS $ 13,457,679 $ 13,730,056 67,719
Commission on African American Males 67,721
The foregoing appropriation item 876-401, African-American 67,723
Males, shall be used to fund the administrative expenses of the 67,724
Commission on African Males, the internship program, and a 67,725
program to provide tutoring to eighth and ninth grade students in 67,726
the Franklin County area in preparation for the ninth grade
proficiency exam. The line item shall also provide funding for 67,727
the Consequences Program, an alternative sentencing program 67,728
targeting nonviolent juvenile offenders. 67,729
Section 37. COM DEPARTMENT OF COMMERCE 67,731
General Revenue Fund 67,733
1512
GRF 800-402 Grants - Volunteer 67,736
Fire Departments $ 725,000 $ 750,000 67,738
Total GRF General Revenue Fund $ 725,000 $ 750,000 67,741
General Services Fund Group 67,744
163 800-620 Administration $ 4,011,799 $ 4,036,624 67,749
TOTAL GSF General Services Fund 67,750
Group $ 4,011,799 $ 4,036,624 67,753
Federal Special Revenue Fund Group 67,756
348 800-622 Underground Storage 67,759
Tanks $ 186,800 $ 186,800 67,761
348 800-624 Leaking Underground 67,763
Tank Trust $ 2,439,187 $ 2,500,167 67,765
TOTAL FED Federal Special Revenue 67,766
Fund Group $ 2,625,987 $ 2,686,967 67,769
State Special Revenue Fund Group 67,772
543 800-602 Unclaimed 67,775
Funds-Operating $ 4,012,758 $ 4,104,391 67,777
543 800-625 Unclaimed 67,779
Funds-Claims $ 22,616,000 $ 23,249,248 67,781
544 800-612 Banks $ 5,573,488 $ 5,652,450 67,785
545 800-613 Savings and Loan $ 1,854,310 $ 1,886,958 67,789
546 800-610 Fire Marshal $ 8,666,887 $ 8,769,749 67,793
547 800-603 Real Estate Education 67,795
and Research $ 242,656 $ 242,656 67,797
548 800-611 Real Estate Recovery $ 265,972 $ 265,972 67,801
549 800-614 Real Estate $ 2,547,017 $ 2,611,160 67,805
550 800-617 Securities $ 3,986,708 $ 4,025,977 67,809
552 800-604 Credit Union $ 2,135,852 $ 2,271,624 67,813
553 800-607 Consumer Finance $ 1,289,087 $ 1,333,612 67,817
556 800-615 Industrial Compliance $ 17,073,951 $ 16,892,288 67,821
6A4 800-630 Real Estate 67,823
Appraiser-Operating $ 449,451 $ 460,849 67,825
653 800-629 Underground Storage 67,827
Tank
1513
Registration/Permit $ 1,081,698 $ 1,033,576 67,829
4B2 800-631 Real Estate Appraisal 67,831
Recovery $ 67,000 $ 68,500 67,833
4D2 800-605 Auction Education $ 30,000 $ 30,000 67,837
4G8 800-606 Savings Banks $ 1,021,263 $ 1,038,467 67,841
4H9 800-608 Cemeteries $ 213,440 $ 218,794 67,845
4L5 800-609 Fireworks Training 67,847
and Education $ 5,000 $ 5,000 67,849
4X2 800-619 Financial 67,851
Institutions $ 1,420,343 $ 1,436,861 67,853
5B8 800-628 Auctioneers $ 336,041 $ 339,554 67,857
5B9 800-632 PI & Security Guard 67,859
Provider $ 872,317 $ 895,150 67,861
TOTAL SSR State Special Revenue 67,862
Fund Group $ 75,761,239 $ 76,832,836 67,865
Liquor Control Fund Group 67,868
043 800-321 Liquor Control 67,871
Operating $ 14,256,025 $ 14,459,734 67,873
043 800-601 Merchandising $ 262,124,492 $ 266,834,121 67,877
861 800-634 Salvage and Exchange $ 102,000 $ 105,000 67,881
TOTAL LCF Liquor Control 67,882
Fund Group $ 276,482,517 $ 281,398,855 67,885
TOTAL ALL BUDGET FUND GROUPS $ 359,606,542 $ 365,705,282 67,888
Grants - Volunteer Fire Departments 67,891
The foregoing appropriation item 800-402, Grants - 67,893
Volunteer Fire Departments, shall be used to make annual grants 67,894
to volunteer fire departments of up to $10,000, or up to $25,000 67,895
in cases where the volunteer fire department provides service for 67,896
an area affected by a natural disaster. The program shall be 67,898
administered by the Fire Marshal under the Department of
Commerce. The Fire Marshal shall issue necessary rules for the 67,899
administration and operation of this program. 67,900
Unclaimed Funds Payments 67,902
The foregoing appropriation item 800-625, Unclaimed 67,904
1514
Funds-Claims, shall be used to pay claims pursuant to section 67,905
169.08 of the Revised Code. If it is determined that additional 67,906
amounts are necessary, the amounts are hereby appropriated. 67,907
Increased Appropriation Authority - Merchandising 67,909
The Director of Commerce may, upon concurrence by the 67,911
Director of Budget and Management, submit to the Controlling 67,912
Board for approval a request for increased appropriation 67,913
authority for appropriation item 800-601, Merchandising. 67,914
Administrative Assessments 67,916
Notwithstanding any other provisions of law to the 67,918
contrary, appropriation item 800-620, Administration, shall 67,919
receive assessments from all operating funds of the department in 67,920
accordance with procedures prescribed by the Director of Commerce 67,921
and approved by the Director of Budget and Management.
Study of Increasing Liquor Agency Commissions 67,923
The Department of Commerce, Division of Liquor Control, 67,925
shall conduct a study examining the effects of increasing agency 67,926
liquor store wholesale and retail commissions. The study shall 67,927
report the effect on transfers to the general revenue fund, debt 67,928
service payments for the Department of Development bond program, 67,929
funding for the Liquor Control Commission and the amount of 67,930
commissions paid to agency liquor stores. The results of this 67,931
study shall be reported to the Chairpersons of the Finance 67,932
Committees in the House of Representatives and the Senate, to the 67,933
Speaker of the House of Representatives, and to the President of 67,935
the Senate by January 1, 1998. 67,936
Building Standards Study 67,938
Of the foregoing appropriation item, 800-615, Industrial 67,940
Compliance, up to $375,000 in fiscal year 1998 shall be used by 67,941
the Director of Commerce to commence a study of Ohio's Building 67,943
Standards Law. The study will determine the following as they 67,944
relate to Ohio's Building Standards Law: (A) the economic impact 67,945
on the construction, building material manufacturing and housing 67,946
industries in this state subject to multiple local building codes 67,947
1515
and different building code enforcement practices; (B) the degree 67,948
to which local building codes and enforcement add to or detract 67,949
from the public health, safety and general welfare; (C) the 67,950
impact of adopting model codes by state or local jurisdictions 67,951
from a safety, cost and regulatory perspective, with particular 67,952
attention on the impact of model codes on rural, suburban and 67,953
urban jurisdictions; and (D) the degree to which local 67,954
jurisdictions adapt and assimilate new building materials and 67,955
technologies and its impact on the safety, quality and cost of 67,956
construction in Ohio. The study shall also review the Model 67,957
Energy Code.
This study shall be conducted by a nonprofit organization 67,959
that has been in existence for at least ten years. The 67,960
organization shall have experience identifying and advancing new 67,961
building technologies and processes, disseminating nationally 67,962
recognized technical information on the construction and building 67,964
industries, and facilitating building science investigations and 67,965
research. The organization shall be broad based and balanced, 67,966
and shall include representatives of various segments of the 67,967
construction industry including, but not limited to, construction 67,968
trades, fire officials, state and local governments, architects 67,969
and engineers, and building materials manufacturers. 67,970
The Department of Commerce shall report its findings within 67,972
one year of the effective date of this bill to the Governor, the 67,973
President of the Senate, the Speaker of the House of 67,974
Representatives, the Chairperson of the Senate Insurance, 67,975
Commerce and Labor Committee, and the Chairperson of the House 67,976
Commerce and Labor Committee. 67,977
Wholesaler and Retailer Compensation Task Force 67,979
A Wholesaler Compensation Task Force is hereby created. 67,982
The Task Force shall conduct a study examining the compensation 67,983
of liquor wholesalers and retailers in Ohio. The Task Force
shall consist of six members. One wholesaler, two 67,985
owner-operators and one public member shall be appointed by the 67,986
1516
Governor; one member shall be appointed by the President of the 67,987
Senate; and one member shall be appointed by the Speaker of the 67,988
House of Representatives. The results of this study shall be 67,989
reported to the Chairpersons of the Finance Committees in the 67,990
House and the Senate, to the Speaker of the House of 67,991
Representatives, and to the President of the Senate six months 67,993
after the effective date of this section.
Section 38. OCC OFFICE OF CONSUMERS' COUNSEL 67,995
State Special Revenue Fund Group 67,997
5F5 053-601 Consumers' Counsel 68,000
Operating Fund $ 6,021,574 $ 6,417,716 68,002
TOTAL SSR State Special Revenue $ 6,021,574 $ 6,417,716 68,005
TOTAL ALL BUDGET FUND GROUPS $ 6,021,574 $ 6,417,716 68,008
Section 39. CEB CONTROLLING BOARD 68,011
General Revenue Fund 68,013
GRF 911-401 Emergency 68,016
Purposes/Contingencies$ 6,000,000 $ 6,000,000 68,018
GRF 911-402 Employee Compensation 68,020
Adjustment $ 30,000,000 $ 60,000,000 68,022
GRF 911-404 Mandate Assistance $ 3,000,000 $ 3,000,000 68,026
GRF 911-412 Business Development $ 810,000 $ 1,310,000 68,030
GRF 911-423 Army National Guard $ 800,000 $ 0 68,034
GRF 911-430 Emergency 9-1-1 68,036
Training $ 250,000 $ 250,000 68,038
TOTAL GRF General Revenue Fund $ 40,860,000 $ 70,560,000 68,041
TOTAL ALL BUDGET FUND GROUPS $ 40,860,000 $ 70,560,000 68,044
Federal Share 68,047
In transferring appropriations to or from appropriation 68,049
line items which have federal shares identified in this act, the 68,051
Controlling Board shall add or subtract corresponding amounts of 68,052
federal matching funds at the percentages indicated by the state 68,053
and federal division of the appropriations in this act. Such 68,054
changes are hereby appropriated. 68,055
Disaster Assistance 68,057
1517
Pursuant to requests submitted by the Department of Public 68,059
Safety, the Controlling Board may approve transfers from the 68,060
foregoing appropriation item 911-401, Emergency 68,061
Purposes/Contingencies, to a Department of Public Safety General 68,062
Revenue Fund line item to provide funding for assistance to
political subdivisions made necessary by natural disasters or 68,063
emergencies. Such transfers may be requested and approved prior 68,064
to the occurrence of any specific natural disasters or 68,065
emergencies in order to facilitate the provision of timely 68,066
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 68,067
which meet Controlling Board criteria for assistance. The 68,068
department shall submit a report to the Controlling Board 68,069
quarterly describing all such disaster aid.
Employee Compensation 68,071
Notwithstanding division (D) of section 127.14 and division 68,073
(B) of section 131.35 of the Revised Code, except for the General 68,074
Revenue Fund, the Controlling Board may, upon the request of 68,075
either the Director of Budget and Management, or a state agency 68,076
with the approval of the Director of Budget and Management, 68,077
increase appropriations for any fund, as necessary for the 68,078
various state agencies, to assist in paying the costs of 68,079
increases in employee compensation that occur on or after July 1, 68,080
1997, that are provided pursuant to collective bargaining 68,081
agreements under Chapter 4117. of the Revised Code and the costs 68,082
of increased compensation provided for employees that are exempt 68,083
from collective bargaining. 68,084
The Controlling Board may transfer appropriations from the 68,086
foregoing appropriation item 911-402, Employee Compensation 68,087
Adjustment, to the various agencies based on requests submitted 68,088
by the Director of Budget and Management to assist in paying for 68,089
the General Revenue Fund's share of employee compensation 68,090
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 68,091
1518
compensation that are provided to employees that are exempt from 68,092
collective bargaining.
Mandate Assistance 68,094
(A) The foregoing appropriation item 911-404, Mandate 68,096
Assistance, shall be used to provide financial assistance to 68,097
local units of government, school districts, and fire departments 68,099
for the cost of the following five unfunded state mandates: 68,100
(1) The cost to county boards of elections for advertising 68,102
state ballot issues; 68,103
(2) The cost to county prosecutors for prosecuting certain 68,105
felonies that occur on the grounds of state institutions operated 68,107
by the Department of Rehabilitation and Correction and the 68,108
Department of Youth Services;
(3) The cost to counties of operating tuberculosis 68,110
treatment programs; 68,111
(4) The cost, primarily to small villages and townships, 68,113
of providing firefighter training and equipment or gear; and 68,114
(5) The cost to school districts of in-service training 68,116
for child abuse detection. 68,117
(B) The Office of Budget and Management may prepare and 68,119
submit to the Controlling Board one or more requests to transfer 68,120
appropriations from appropriation item 911-404, Mandate 68,121
Assistance, to the state agencies charged with administering the 68,122
state financial assistance to be provided under this section. 68,123
The state agencies charged with this administrative 68,125
responsibility are listed below, as well as the estimated annual 68,126
amounts that the Office of Budget and Management may propose be 68,127
used for each program of state financial assistance. 68,129
Administering Estimated Annual 68,134
Program Agency Amount 68,137
Advertising Costs Ohio Ballot Board $800,000 68,141
Prosecution Costs Office of Criminal 68,143
Justice Services $200,000 68,145
1519
Tuberculosis Program Department of Health 68,147
Costs $200,000 68,148
Firefighter Training Department of 68,150
Costs Commerce $1,000,000 68,151
Child Abuse Detection Department of 68,153
Training Costs Education $800,000 68,154
(C) Subject to the total amount appropriated in each 68,157
fiscal year for appropriation item 911-404, Mandate Assistance, 68,158
the Office of Budget and Management may propose to the 68,159
Controlling Board that amounts smaller or larger than these 68,161
estimated annual amounts be transferred to each program. 68,162
(D) In addition to making the initial transfers requested 68,164
by the Office of Budget and Management, the Controlling Board 68,165
may, if requested by the Office of Budget and Management, 68,167
transfer appropriations received by a state agency under this 68,169
section back to appropriation item 911-404, Mandate Assistance, 68,170
or to one or more of the other programs of state financial 68,171
assistance identified under this section.
(E) It is expected that not all costs incurred by local 68,173
units of government, school districts, and fire departments under 68,174
each of the five programs of state financial assistance 68,175
identified under this section will be fully reimbursed by the 68,176
state. Reimbursement levels may vary by program and will be 68,177
based on: the relationship between the appropriation transfers 68,178
requested by the Office of Budget and Management and provided by 68,179
the Controlling Board for each of the programs; the rules and 68,181
procedures established for each program by the Office of Budget 68,182
and Management and the administering state agency; and the actual 68,184
costs incurred by local units of government, school districts, 68,185
and fire departments.
(F) Each of these programs of state financial assistance 68,187
shall be carried out as follows: 68,188
(1) Advertising Costs 68,190
Appropriations may be transferred to the Ohio Ballot Board 68,192
1520
for use as full or partial reimbursement to county boards of 68,193
elections for the cost of public notices associated with 68,194
statewide ballot initiatives. 68,195
(2) Prosecution Costs 68,197
(a) Appropriations may be transferred to the Office of 68,199
Criminal Justice Services to cover local prosecution costs for 68,200
aggravated murder, murder, felonies of the first degree, and 68,201
felonies of the second degree that occur on the grounds of 68,202
institutions operated by the Department of Rehabilitation and 68,203
Correction and the Department of Youth Services on or after July 68,204
1, 1995.
(b) Upon a delinquency filing in juvenile court or the 68,206
return of an indictment for aggravated murder, murder, or any 68,207
felony of the first or second degree that was committed at a 68,208
Department of Youth Services or a Department of Rehabilitation 68,209
and Correction institution, the affected county may, in 68,210
accordance with rules that the Office of Criminal Justice 68,211
Services shall adopt, apply to the Office of Criminal Justice 68,212
Services for a grant to cover all documented costs that are 68,213
incurred by the county prosecutor's office. 68,214
(c) Twice each year, the Office of Criminal Justice 68,216
Services shall designate counties to receive grants from those 68,218
counties that have submitted one or more applications in 68,219
compliance with the rules that have been adopted by the Office of 68,220
Criminal Justice Services for the receipt of such grants. In 68,221
each year's first round of grant awards, if sufficient 68,222
appropriations have been appropriated, up to a total of $100,000 68,223
may be awarded. In each year's second round of grant awards, the 68,225
remaining appropriations available for this purpose may be 68,226
awarded.
(d) If for a given round of grants there are insufficient 68,228
appropriations to make grant awards to all of the eligible 68,229
counties, the first priority shall be given to counties with 68,230
cases involving aggravated murder and murder, second priority 68,231
1521
shall be given to cases involving a felony of the first degree, 68,233
and third priority shall be given to cases involving a felony of 68,234
the second degree. Within these priorities, the grant awards 68,235
shall be based on the order in which the applications were 68,236
received, except that applications for cases involving a felony 68,237
of the first or second degree shall not be considered in more 68,238
than two consecutive rounds of grant awards.
(3) Tuberculosis Program Costs 68,240
Appropriations may be transferred to the Department of 68,242
Health to make payments to counties pursuant to section 339.43 of 68,243
the Revised Code. 68,244
(4) Firefighter Training Costs 68,246
Appropriations may be transferred to the Department of 68,248
Commerce for use as full or partial reimbursement to local units 68,249
of government and fire departments for the cost of firefighter 68,250
training and equipment or gear. In accordance with rules that 68,251
the department shall adopt, a local unit of government or fire 68,252
department may apply to the department for a grant to cover all 68,253
documented costs that are incurred to provide firefighter 68,254
training and equipment or gear. The department shall make grants 68,255
within the limits of the funding provided, with priority given to 68,257
fire departments that serve small villages and townships.
(5) Child Abuse Detection Training Costs 68,259
Appropriations may be transferred to the Department of 68,261
Education for disbursement to local school districts as full or 68,262
partial reimbursement for the cost of providing in-service 68,263
training for child abuse detection. In accordance with rules 68,264
that the department shall adopt, a local school district may 68,265
apply to the department for a grant to cover all documented costs 68,266
that are incurred to provide in-service training for child abuse 68,267
detection. The department shall make grants within the limits of 68,268
the funding provided. 68,269
Business Development 68,271
The foregoing appropriation item 911-412, Business 68,273
1522
Development, shall be released for use by the Department of 68,274
Development only upon the completion of the work of the Economic 68,275
Development Study Advisory Committee authorized by Am. Sub. H.B. 68,276
442 of the 121st General Assembly. These funds shall be used for 68,278
Business Development purposes in a manner directed by the 68,279
committee and the director of budget and management. If the 68,280
committee's work is not sufficiently completed by the end of 68,281
fiscal year 1998, then the director of budget and management 68,282
shall transfer fiscal year 1998 appropriations forward to combine 68,283
them with fiscal year 1999 appropriations. 68,284
Army National Guard 68,286
If the Director of Administrative Services sells a parcel 68,288
of land to a village or municipal corporation pursuant to 68,289
division (B)(1) of Section 2 of Am. Sub. H.B. 376 of the 121st 68,290
General Assembly, or to a county pursuant to division (B)(2) of 68,291
Section 2 of Am. Sub. H.B. 376 of the 121st General Assembly, the 68,293
village, municipal corporation, or county, after making the offer 68,294
to purchase the parcel, may request that the Office of Budget and 68,295
Management approach the Controlling Board for release of up to 50 68,296
per cent of the sale price from the foregoing appropriation item 68,297
911-423, Army National Guard, to the political subdivision. The 68,298
amount approved by the Controlling Board shall be transferred to 68,299
the Office of Budget and Management's appropriation item 042-404, 68,300
Armory Reimbursement, whereupon the Director of Budget and 68,301
Management shall act as the fiscal agent for the payment. Any 68,302
amounts so transferred are hereby appropriated. Any amount not 68,303
released in fiscal year 1998 shall be transferred to fiscal year 68,304
1999 and is hereby appropriated. 68,305
Notwithstanding division (D) of Section 2 of Am. Sub. H.B. 68,307
376 of the 121st General Assembly, if a village, municipal 68,309
corporation, or county that receives a payment pursuant to this 68,310
section sells the parcel within two years after purchasing it, 68,311
the political subdivision shall pay to the state both of the 68,312
following:
1523
(A) An amount equal to the payment made pursuant to this 68,314
section. Such payment shall be deposited to the credit of the 68,315
General Revenue Fund. 68,316
(B) An amount equal to one-half of any net profits from the 68,318
sale. Such payment shall be deposited to the credit of the 68,319
Armory Improvements Fund created pursuant to section 5911.10 of 68,320
the Revised Code. 68,321
Net profit shall be calculated by subtracting from the 68,323
selling price of the parcel the original purchase price paid by 68,324
the political subdivision and any expenditures by the political 68,325
subdivision for the public improvements on the parcel. 68,326
Upon disposing of all parcels pursuant to Section 2 of Am. 68,328
Sub. H.B. 376 of the 121st General Assembly, the Adjutant General 68,330
may request release of any amount remaining in appropriation item 68,331
911-423, Army National Guard, to be used exclusively for the 68,332
purpose of armory maintenance and repair.
Emergency 9-1-1 Training 68,334
Of the foregoing appropriation item 911-430, Emergency 68,336
9-1-1 Training, any unencumbered and unallotted fiscal year 1998 68,337
amounts shall be transferred by the Director of Budget and 68,338
Management to appropriation item 911-430, Emergency 9-1-1 68,339
Training, in fiscal year 1999. Those amounts so transferred from 68,340
fiscal year 1998 to fiscal year 1999 are hereby appropriated. 68,341
Section 40. COS STATE BOARD OF COSMETOLOGY 68,343
General Services Fund Group 68,345
4K9 879-609 Operating $ 2,015,707 $ 2,116,108 68,350
TOTAL GSF General Services Fund 68,351
Group $ 2,015,707 $ 2,116,108 68,354
TOTAL ALL BUDGET FUND GROUPS $ 2,015,707 $ 2,116,108 68,357
Section 41. CSW COUNSELOR AND SOCIAL WORKERS BOARD 68,360
General Services Fund Group 68,362
4K9 899-609 Operating $ 853,537 $ 877,176 68,367
TOTAL GSF General Services Fund 68,368
Group $ 853,537 $ 877,176 68,371
1524
TOTAL ALL BUDGET FUND GROUPS $ 853,537 $ 877,176 68,374
Section 42. CLA COURT OF CLAIMS 68,377
General Revenue Fund 68,379
GRF 015-321 Operating Expenses $ 2,439,674 $ 2,716,330 68,384
TOTAL GRF General Revenue Fund $ 2,439,674 $ 2,716,330 68,387
State Special Revenue Fund Group 68,390
402 015-601 Victims of Crime $ 22,596,920 $ 23,887,350 68,395
TOTAL SSR State Special Revenue 68,396
Fund Group $ 22,596,920 $ 23,887,350 68,399
TOTAL ALL BUDGET FUND GROUPS $ 25,036,594 $ 26,603,680 68,402
Section 43. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 68,405
General Revenue Fund 68,407
GRF 196-401 Criminal Justice 68,410
Information System
Plan $ 1,000,000 $ 1,000,000 68,412
GRF 196-403 Violence Prevention $ 354,650 $ 363,516 68,416
GRF 196-424 Operating Expenses $ 997,948 $ 1,022,897 68,420
GRF 196-499 State Match $ 673,110 $ 698,040 68,424
GRF 196-502 Lucasville 68,425
Disturbance Costs $ 450,000 $ 250,000 68,427
TOTAL GRF General Revenue Fund $ 3,475,708 $ 3,334,453 68,430
Federal Special Revenue Fund Group 68,433
3L5 196-604 Justice Programs $ 27,003,304 $ 28,609,056 68,438
TOTAL FED Federal Special Revenue 68,439
Fund Group $ 27,003,304 $ 28,609,056 68,442
General Services Fund Group 68,443
4P6 196-601 General Services $ 138,741 $ 142,585 68,447
TOTAL GSF General Services 68,448
Fund Group $ 138,741 $ 142,585 68,451
TOTAL ALL BUDGET FUND GROUPS $ 30,617,753 $ 32,086,094 68,454
Indigent Defense 68,457
The Office of Criminal Justice Services shall make all 68,460
efforts to maximize the amount of funding available for the 68,461
defense of indigent persons.
1525
Criminal Justice Information System Plan 68,463
The foregoing appropriation item 196-401, Criminal Justice 68,465
Information System Plan, shall be used by the Office of Criminal 68,466
Justice Services to work on a plan to improve Ohio's criminal 68,467
justice information systems. The Director of the Office of 68,468
Criminal Justice Services shall evaluate the progress of this
plan and issue a report to the Governor, the Speaker of the House 68,469
of Representatives, the President of the Senate, the Criminal 68,470
Justice Policy Board, and the Legislative Budget Office of the 68,471
Legislative Service Commission by January 1 of each year of the 68,472
two-year biennium beginning July 1, 1997, and ending June 30, 68,473
1999.
Section 44. DEN STATE DENTAL BOARD 68,475
General Services Fund Group 68,477
4K9 880-609 Operating $ 957,452 $ 979,096 68,482
TOTAL GSF General Services Fund 68,483
Group $ 957,452 $ 979,096 68,486
TOTAL ALL BUDGET FUND GROUPS $ 957,452 $ 979,096 68,489
Study of Peer-Review of Complaints 68,493
Representatives of the State Dental Board shall meet with 68,495
representatives of the Ohio Dental Association to discuss 68,496
establishing criteria for transferring appropriate complaints 68,497
filed with the Board to the Association for consideration through 68,499
the Association's peer review process. A report on these 68,500
discussions shall be prepared and filed with the General Assembly 68,501
on or before December 31, 1997.
Section 45. BDP BOARD OF DEPOSIT 68,503
General Services Fund Group 68,505
4M2 974-601 Board of Deposit $ 800,000 $ 800,000 68,510
TOTAL GSF General Services Fund 68,511
Group $ 800,000 $ 800,000 68,514
TOTAL ALL BUDGET FUND GROUPS $ 800,000 $ 800,000 68,517
Board of Deposit Expense Fund 68,520
Upon receiving from the Treasurer of State certification of 68,522
1526
expenses, the Director of Budget and Management shall transfer 68,523
cash from the Interest Holding Distribution Fund (Fund 608) to 68,524
the Board of Deposit Expense Fund (Fund 4M2) which is hereby 68,525
created. This fund shall be used to pay for banking charges and 68,526
fees required for the operation of the state treasury account. 68,527
Section 46. DEV DEPARTMENT OF DEVELOPMENT 68,529
General Revenue Fund 68,531
GRF 195-100 Personal Services $ 2,595,000 $ 2,595,000 68,536
GRF 195-200 Maintenance $ 625,000 $ 625,000 68,540
GRF 195-300 Equipment $ 115,000 $ 115,000 68,544
GRF 195-401 Thomas Edison Program $ 23,250,000 $ 23,696,875 68,548
GRF 195-404 Small Business 68,550
Development $ 2,360,000 $ 2,360,000 68,552
GRF 195-405 Minority Business 68,554
Development Division $ 2,058,000 $ 2,058,000 68,556
GRF 195-406 Transitional and 68,558
Permanent Housing $ 2,859,900 $ 2,864,847 68,560
GRF 195-407 Travel and Tourism $ 6,450,000 $ 6,450,000 68,564
GRF 195-408 Coal Research 68,566
Development $ 570,000 $ 582,699 68,568
GRF 195-410 Defense Conversion 68,570
Assistance Program $ 1,350,000 $ 2,350,000 68,572
GRF 195-411 Minority Development 68,574
Financing Advisory
Board $ 347,760 $ 356,454 68,576
GRF 195-412 Business Development $ 10,190,000 $ 10,190,000 68,580
GRF 195-414 First Frontier Match $ 500,000 $ 500,000 68,584
GRF 195-415 Regional Offices and 68,586
Economic Development $ 6,663,160 $ 6,718,894 68,588
GRF 195-416 Governor's Office of 68,590
Appalachia $ 654,000 $ 654,000 68,592
GRF 195-417 Urban/Rural 68,594
Initiative Grant
Program $ 10,000,000 $ 4,000,000 68,596
1527
GRF 195-422 Technology Action $ 1,350,000 $ 2,650,000 68,600
GRF 195-431 Community Development 68,602
Corporation Grants $ 2,500,000 $ 2,600,000 68,604
GRF 195-432 International Trade $ 5,300,000 $ 5,400,000 68,608
GRF 195-434 Industrial Training $ 9,937,923 $ 9,600,469 68,612
GRF 195-436 Labor/Management 68,614
Cooperation $ 1,200,000 $ 1,200,000 68,616
GRF 195-440 Emergency Shelter 68,618
Housing Grants $ 3,014,800 $ 3,017,674 68,620
GRF 195-441 Low and Moderate 68,622
Income Housing $ 3,000,000 $ 3,000,000 68,624
GRF 195-497 State Match - 68,626
Community Development
Block Grant $ 1,160,000 $ 1,160,000 68,628
GRF 195-498 State Energy Match $ 100,000 $ 150,000 68,632
GRF 195-501 Appalachian Local 68,634
Development Districts $ 443,500 $ 443,500 68,636
GRF 195-502 Appalachian Regional 68,638
Commission $ 160,000 $ 160,000 68,640
GRF 195-507 Travel & Tourism 68,642
Grants $ 1,550,000 $ 1,300,000 68,644
TOTAL GRF General Revenue Fund $ 100,304,043 $ 96,798,412 68,647
General Services Fund Group 68,650
135 195-605 Supportive Services $ 6,749,805 $ 6,918,701 68,655
442 195-606 Merchandise for 68,657
Resale $ 3,000 $ 3,000 68,659
685 195-636 General Reimbursement $ 1,061,025 $ 1,078,948 68,663
TOTAL GSF General Services Fund 68,664
Group $ 7,813,830 $ 8,000,649 68,667
Federal Special Revenue Fund Group 68,670
308 195-602 Appalachian Regional 68,673
Commission $ 650,000 $ 650,000 68,675
308 195-603 Housing and Urban 68,677
Development $ 31,837,225 $ 32,631,507 68,679
1528
308 195-605 Federal Projects $ 7,871,000 $ 7,871,000 68,683
308 195-609 Federal Projects 68,685
Small Business $ 7,500,000 $ 7,500,000 68,687
3K9 195-611 Home Energy 68,689
Assistance Block
Grant $ 59,417,200 $ 59,492,628 68,691
3L0 195-612 Community Services 68,693
Block Grant $ 16,715,539 $ 17,133,177 68,695
3K8 195-613 Community Development 68,697
Block Grant $ 65,000,000 $ 65,000,000 68,699
3K9 195-614 HEAP Weatherization $ 10,413,818 $ 10,420,948 68,703
308 195-616 Technology Programs $ 500,000 $ 500,000 68,707
308 195-618 Energy Federal Grants $ 1,753,019 $ 1,796,126 68,711
308 195-642 International Trade 68,713
Promotion $ 200,000 $ 0 68,715
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 68,719
380 195-622 Housing Development $ 2,584,607 $ 2,634,097 68,723
TOTAL FED Federal Special Revenue 68,724
Fund Group $ 212,942,408 $ 214,129,483 68,727
State Special Revenue Fund Group 68,729
4F2 195-639 State Special 68,732
Projects $ 1,321,569 $ 1,360,913 68,734
4G9 195-633 Travel and Tourism 68,736
Marketing $ 100,000 $ 100,000 68,738
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 68,742
4S0 195-630 Enterprise Zone 68,744
Operating $ 275,000 $ 282,000 68,746
4S1 195-634 Job Creation Tax 68,748
Credit Operating $ 225,000 $ 235,000 68,750
4W1 195-646 Minority Business 68,752
Enterprise Loan $ 3,800,000 $ 3,800,000 68,754
444 195-607 Water and Sewer $ 2,300,000 $ 2,300,000 68,758
445 195-617 Housing Finance 68,760
Agency $ 2,950,000 $ 3,022,551 68,762
1529
450 195-624 Minority Business 68,764
Bonding Program
Administration $ 132,381 $ 135,690 68,766
451 195-625 Economic Development 68,768
Financing Operating $ 1,998,433 $ 2,036,868 68,770
611 195-631 Water and Sewer 68,772
Administration $ 44,000 $ 45,000 68,774
646 195-638 Low and Moderate 68,776
Income Housing Trust
Fund $ 13,500,000 $ 14,400,000 68,778
TOTAL SSR State Special Revenue 68,779
Fund Group $ 27,646,383 $ 28,718,022 68,782
Facilities Establishment Fund 68,785
037 195-615 Facilities 68,788
Establishment $ 60,000,000 $ 50,000,000 68,790
4Z6 195-647 Rural Industrial Park 68,792
Loan $ 5,000,000 $ 5,000,000 68,794
5D1 195-649 Port Authority Bond 68,796
Reserves $ 2,500,000 $ 2,500,000 68,798
5D2 195-650 Urban Redevelopment 68,800
Loans $ 10,000,000 $ 20,000,000 68,802
xxx 195-xxx Technology Action 68,804
Loan $ 2,500,000 $ 2,500,000 68,806
TOTAL 037 Facilities 68,807
Establishment Fund $ 80,000,000 $ 80,000,000 68,810
Coal Research/Development Fund 68,813
046 195-632 Coal Research and 68,816
Development Fund $ 12,000,000 $ 12,000,000 68,818
TOTAL 046 Coal Research/ 68,819
Development Fund $ 12,000,000 $ 12,000,000 68,822
TOTAL ALL BUDGET FUND GROUPS $ 440,706,664 $ 439,646,566 68,825
Section 46.01. Washington Office 68,828
Of the foregoing appropriation items 195-100, Personal 68,830
Services, 195-200, Maintenance, and 195-300, Equipment, no more 68,831
1530
than $335,700 in fiscal year 1998 and $335,700 in fiscal year 68,832
1999 may be transferred to the General Reimbursement Fund (Fund 68,833
685) to support the Washington Office. The transfer shall be 68,834
made using an intrastate transfer voucher. 68,835
Thomas Edison Program 68,837
The foregoing appropriation item 195-401, Thomas Edison 68,839
Program, shall be used for the purposes of sections 122.28 to 68,841
122.38 of the Revised Code in order to provide funds for 68,843
cooperative public and private efforts in technological 68,844
innovation to promote the development and transfer of technology 68,845
by and to Ohio businesses that will lead to the creation of jobs, 68,847
and to provide for the administration of this program by the 68,849
Technology Division. For the 1997-1999 biennium, all subsidies 68,851
funded from line item 195-401, Thomas Edison Program, shall 68,852
secure a greater amount of matching moneys from alternative
funding sources. 68,853
Of the foregoing appropriation item 195-401, Thomas Edison 68,855
Program, not more than $2,200,000 in fiscal year 1998 and 68,857
$2,300,000 in fiscal year 1999 shall be used for the Technology 68,858
Division's operating expenses in administering this program. 68,859
Of the foregoing appropriation item 195-401, Thomas Edison 68,861
Program, $400,000 in each fiscal year shall be used for the Great 68,862
Lakes Industrial Technology Center; $360,000 in each fiscal year 68,864
shall be used for The Science and Technology Center for Advanced 68,866
Liquid Crystalline Optical Materials (ALCOM) in conjunction with 68,867
Kent State University, The University of Akron, and Case Western 68,868
Reserve University; and $700,000 in each fiscal year shall be 68,869
used for the Wright Technology Network. 68,870
The Director of Development shall waive any local matching 68,872
requirements for the Wright Technology Network during the 68,875
1997-1999 biennium.
Of the foregoing appropriation item 195-401, Thomas Edison 68,877
Program, not less than $14,900,000 in fiscal year 1998 and 68,878
$15,100,000 in fiscal year 1999 shall be used to provide matching 68,880
1531
grants to the Ohio Edison Technology Centers to support
collaborative programs to promote technological innovation and 68,881
technology development. 68,882
Of the foregoing appropriation item 195-401, Thomas Edison 68,884
Program, $2,930,000 each year of the biennium shall be used to 68,885
provide matching grants to the Ohio Edison Technology Centers to 68,886
support existing and expanded activities in furtherance of the 68,887
Ohio Technology Network (OTNET). 68,888
Of the foregoing appropriation item 195-401, Thomas Edison 68,890
Program, $300,000 in each year of the biennium shall be used by 68,891
the Great Lakes Industrial Technology Center to encourage and 68,892
support small and mid-sized manufacturers to adopt manufacturing 68,893
techniques and new technology and $100,000 shall be used by the 68,894
Great Lakes Industrial Technology Center to pursue collaborative 68,895
efforts with the Wright Technology Network. 68,896
Section 46.02. Small Business Development 68,898
The foregoing appropriation item 195-404, Small Business 68,900
Development, shall be used to ensure that the unique needs and 68,902
concerns of small businesses are addressed. 68,904
The foregoing appropriation shall be used to provide grants 68,906
to local organizations to support the operation of Small Business 68,908
Development Centers, and other local economic development 68,909
activity promoting small business and for the cost of 68,910
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 68,911
facilitate access to state and federal programs. These funds 68,912
shall be used as matching funds for grants from the U.S. Small 68,913
Business Administration and other federal agencies, pursuant to 68,914
Public Law 96-302 (1980) as amended by Public Law 98-395 (1984) 68,916
and regulations and policy guidelines for these programs.
In addition, the Office of Small Business shall operate the 68,918
One-Stop Business Permit Center, the Women's Business Resource 68,920
Program, support government procurement assistance, and implement 68,922
and coordinate the duties imposed on the Department of 68,924
1532
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 68,925
Section 46.03. Minority Business Development Division 68,927
Of the foregoing appropriation item 195-405, Minority 68,929
Business Development Division, not less than $35,000 shall be 68,930
used in each fiscal year of the 1997-1999 biennium to establish 68,931
or assist in the development of minority business trade 68,932
organizations and chambers of commerce. 68,933
Of the foregoing appropriation item 195-405, Minority 68,935
Business Development Division, no less than $910,000 shall be 68,936
used in each fiscal year of the 1997-1999 biennium to continue 68,937
minority contractors and business assistance organizations in 68,938
Akron, Cincinnati, Cleveland, Columbus, Dayton, Lima, Portsmouth, 68,939
Toledo, and Youngstown. No less than $91,000 shall be used in 68,940
each fiscal year of the biennium for the Akron area, no less than 68,941
$120,000 shall be used in each fiscal year for the Cincinnati 68,942
area, no less than $148,000 shall be used in each fiscal year for 68,943
the Cleveland area, no less than $115,000 shall be used in each 68,944
fiscal year for the Columbus area, no less than $103,000 shall be 68,945
used in each fiscal year for the Dayton area, no less than 68,946
$80,000 shall be used in each fiscal year for the Lima area, no 68,948
less than $80,000 shall be used in each fiscal year for the
Portsmouth area, no less than $89,000 shall be used in each 68,949
fiscal year for the Toledo area, and no less than $84,000 shall 68,950
be used in each fiscal year for the Youngstown area. 68,951
Of the foregoing appropriation item 195-405, Minority 68,953
Business Development Division, moneys not expended for grants and 68,954
contracts may be expended for payroll, equipment, and maintenance 68,955
costs including the Minority Business Information System (MBIS) 68,956
that will assist all state agencies in meeting their 15 per cent 68,958
goal of Minority Business Enterprise (MBE) participation mandated 68,959
by Am. Sub. H.B. 584 of the 113th General Assembly. 68,960
In addition, the Minority Business Development Division 68,962
shall continue to plan and implement Minority Business 68,963
Conferences. 68,964
1533
Section 46.04. Transitional and Permanent Housing Program 68,967
Of the foregoing appropriation item 195-406, Transitional 68,969
and Permanent Housing, the Office of Housing and Community 68,971
Partnerships shall make grants to local governments and nonprofit 68,973
organizations for the acquisition, rehabilitation, renovation, 68,975
construction, conversion, operating, and supportive services 68,977
costs for both new and existing transitional and/or permanent 68,979
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 68,981
and Permanent Housing, at least 75 per cent shall be used to 68,983
provide transitional housing for homeless families and 68,985
individuals.
Coal Research Development 68,987
The foregoing appropriation item 195-408, Coal Research 68,989
Development, shall be used for the administrative costs of the 68,990
Coal Development Office within the Technology Division and for 68,991
grants which encourage, promote, and assist the use of Ohio coal 68,992
pursuant to section 1551.32 of the Ohio Revised Code. 68,993
Defense Conversion Assistance Program 68,995
The Director of Development may use the foregoing 68,997
appropriation item 195-410, Defense Conversion Assistance 68,998
Program, in accordance with existing program guidelines, and 68,999
other resources as appropriate, to match federal dollars for one 69,000
or more Ohio-based defense conversion projects.
To ensure the most efficient and effective use of state 69,002
dollars, the Director of Development shall select projects which 69,003
make maximum use of existing technology development and 69,004
deployment programs funded in whole or in part by the state. 69,005
Of the foregoing appropriation item 195-410, Defense 69,007
Conversion Assistance Program, $250,000 in each year shall go to 69,008
AFIT located in Dayton.
Section 46.05. Business Development 69,010
The foregoing appropriation item 195-412, Business 69,012
Development, shall be used as an incentive for attracting and 69,013
1534
retaining business opportunities for the state. Any such 69,014
business opportunity, whether new, expanding, or relocating in 69,015
Ohio, is eligible for funding. The project must create or retain 69,016
a significant number of jobs for Ohioans. Grant awards may be 69,017
considered only when (1) the project's viability hinges on an 69,018
award of 195-412 Business Development funds; (2) all other public 69,019
or private sources of financing have been considered; or (3) the 69,020
funds must act as a catalyst for the infusion into the project of 69,021
other financing sources. 69,022
The department's primary goal shall be to award funds to 69,024
political subdivisions of the state for off-site infrastructure 69,025
improvements. In order to meet the particular needs of economic 69,026
development in a region, the department may elect to award funds 69,027
directly to a business for on-site infrastructure improvements. 69,029
Infrastructure improvements are defined as improvements to water 69,030
system facilities, sewer and sewage treatment facilities, 69,031
electric or gas service facilities, rail facilities, site 69,032
preparation, and parking facilities. The Director of Development 69,033
may recommend the funds be used in an alternative manner when 69,034
deemed appropriate to meet an extraordinary economic development 69,035
opportunity or need.
The foregoing appropriation item 195-412, Business 69,037
Development, may be expended only after the submission of a 69,038
request to the Controlling Board by the Department of Development 69,039
outlining the planned use of the funds, and the subsequent 69,040
approval of the request by the Controlling Board. 69,041
The foregoing appropriation item 195-412, Business 69,043
Development, may be used for, but is not limited to, 69,044
construction, rehabilitation, and acquisition projects for rail 69,045
freight assistance as requested by the Department of 69,046
Transportation. The Director of Transportation shall submit the 69,047
proposed projects to the Director of Development for an 69,048
evaluation of potential economic benefit. 69,049
Section 46.06. First Frontier Match 69,051
1535
The foregoing appropriation item 195-414, First Frontier 69,053
Match, shall be used as matching funds to counties for the 69,055
purpose of marketing state, regional, and/or local 69,057
characteristics which may attract economic development. In each 69,058
fiscal year, the Director of Development shall allocate no less 69,059
than $400,000 of the foregoing appropriation to marketing 69,061
programs by targeted counties, which are defined as counties that 69,064
have a population of less than 175,000 residents. The balance of 69,066
the appropriation may be used either for marketing programs by 69,067
individual targeted counties or regional marketing campaigns, 69,068
which are defined as marketing programs in which at least one 69,070
targeted county is participating with one or more other targeted 69,071
counties or larger counties. In the event that, during a fiscal 69,072
year, targeted counties are unable to utilize the full amount of 69,073
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 69,074
unutilized balance of funds to regional marketing campaigns. 69,075
Regional Offices and Economic Development 69,077
The foregoing appropriation item 195-415, Regional Offices 69,079
and Economic Development, shall be used for the operating 69,080
expenses of the Economic Development Division and the Regional 69,081
Economic Development Offices and for grants for cooperative 69,082
economic development ventures. 69,083
Section 46.07. Governor's Office of Appalachian Ohio 69,085
Of the foregoing appropriation item 195-416, Governor's 69,087
Office of Appalachia, shall be used for the administrative costs 69,089
of planning and liaison activities for the Governor's Office of 69,091
Appalachian Ohio. Funds not expended for liaison and training 69,093
activities may be expended for special project grants within the 69,094
Appalachian Region. 69,095
Of the foregoing appropriation item 195-416, Governor's 69,097
Office of Appalachia, no less than $250,000 each fiscal year 69,099
shall be used to match federal funds from the Appalachian 69,101
Development Commission to provide job training to impact the 69,103
1536
Appalachian Region.
Technology Action 69,105
With Controlling Board approval, the foregoing 69,107
appropriation item 195-422, Technology Action, shall be used by 69,108
the Governor's Science Advisor, in consultation with the Ohio 69,109
Science and Technology Council and with the approval of the 69,110
Director of Development, to match funding for high priority
technology initiatives that will make Ohio entities more 69,111
competitive in federal research and development programs. 69,112
Guidelines and criteria for the release of funds shall be 69,113
developed by the Governor's Science Advisor to assure support for 69,114
projects that advance the state's science and technology
priorities, general potential economic growth, and leverage other 69,115
financing sources. 69,116
Of the foregoing appropriation item 195-422, Technology 69,118
Action, $350,000 in fiscal year 1998 and $650,000 in fiscal year 69,119
1999 shall go to the Miami Valley Center for Information 69,121
Technologies.
Section 46.08. Community Development Corporations 69,123
Of the foregoing appropriation item 195-431, Community 69,125
Development Corporation Grants, a portion of funds in each fiscal 69,127
year of the biennium shall be used to make grants to the Ohio 69,130
Community Development Finance Fund, a nonprofit corporation, in 69,132
order to leverage private sector funds to assist nonprofit 69,133
development organizations to create affordable housing and 69,134
permanent jobs in distressed areas of the state. The remaining 69,136
moneys shall be used to provide funds to assist local community 69,138
development corporations develop affordable housing programs and 69,140
economic development programs in their neighborhoods, and for 69,142
operating costs.
Of the foregoing appropriation item 195-431, Community 69,144
Development Corporation Grants, no less than $100,000 in each 69,146
fiscal year shall be used to provide training, technical 69,148
assistance, and capacity building assistance to nonprofit 69,149
1537
development organizations in under served areas of the state. 69,150
For grants awarded in each fiscal year of this biennium, priority 69,152
shall be given to proposals submitted by nonprofit development 69,154
organizations from under served areas of the state. 69,156
Section 46.09. International Trade 69,158
The foregoing appropriation item 195-432, International 69,160
Trade, shall be used to operate and to maintain Ohio's 69,161
out-of-state trade offices.
The Director of Development may enter into contracts with 69,163
foreign nationals to staff foreign offices. Such contracts may 69,164
be paid in local currency or United States currency and shall be 69,165
exempt from the provisions of section 127.16 of the Revised Code. 69,167
The director may also establish foreign currency accounts in 69,168
accordance with section 122.05 of the Revised Code for the 69,169
payment of expenses related to the operation and maintenance of 69,170
these foreign trade offices. 69,171
The foregoing appropriation item 195-432, International 69,173
Trade, shall be used to fund the International Trade Division and 69,174
assist Ohio manufacturers and agricultural producers exporting to 69,175
foreign countries in conjunction with the Department of 69,176
Agriculture. 69,177
The foregoing appropriation item 195-432, International 69,179
Trade, shall be used to establish a full-service trade office in 69,181
Africa. On or before June 15, 1998, the Director of Development 69,182
shall provide a fiscal year 1998 status report on the African 69,183
trade office to the Speaker and Minority Leader of the House of 69,184
Representatives, the President and Minority Leader of the Senate, 69,185
and the Controlling Board. 69,186
Of the foregoing appropriation item 195-432, International 69,188
Trade, up to $25,000 may be used to purchase gifts for 69,189
representatives of foreign governments or dignitaries of foreign 69,190
countries. 69,191
Section 46.10. Ohio Industrial Training Program 69,193
The Department of Development shall continue its job 69,195
1538
training efforts to impact the high unemployment population in 69,196
Ohio's eight major cities and in nonurban areas identified by the 69,197
Ohio Bureau of Employment Services. The foregoing appropriation 69,198
item 195-434, Industrial Training, shall be used to promote 69,199
industrial training through training grants for the reimbursement 69,200
of eligible training expenses. 69,201
Section 46.11. Emergency Shelter Housing Grants 69,203
(A) As used in this section, "emergency shelter housing" 69,205
means a structure suitable for the temporary housing of the 69,207
homeless and the provision of, or referral to, supportive 69,209
services. Shelters that restrict admission to victims of 69,211
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 69,213
(B) The foregoing appropriation item 195-440, Emergency 69,215
Shelter Housing Grants, shall be used by the Office of Housing 69,216
and Community Partnerships in the Department of Development to 69,217
make grants to private, nonprofit organizations to provide 69,218
emergency shelter housing for the homeless. The department shall 69,219
distribute the grants pursuant to rules adopted by the Director 69,220
of Development. The Director of Development may amend or rescind
such rules and may adopt other rules necessary to implement this 69,221
section. In awarding grants, the department shall give 69,222
preference to organizations applying to fund existing emergency 69,223
shelter housing.
The department shall notify each organization that applied 69,225
for a grant under this section of the amount of its grant award, 69,226
if any. To receive a grant, the organization shall provide 69,227
matching funds equal to fifty per cent of the total grant it was 69,228
awarded. The organization shall expend its grant for shelter 69,229
operations and supportive services, which include employment
assistance, case management, information and referral services, 69,230
transportation, and clothing. In providing employment 69,231
assistance, the organization shall, at a minimum, refer persons 69,232
to the Ohio Bureau of Employment Services. 69,233
1539
Low and Moderate Income Housing 69,235
The Director of Budget and Management, in consultation with 69,237
the Director of Development, shall use $3,000,000 in each fiscal 69,238
year to support low- and moderate-income housing activities. No 69,239
less than $250,000 per year shall be used from either line item 69,240
195-441, Low- and Moderate-Income Housing, or line item 195-638, 69,241
Low- and Moderate-Income Housing Trust, for the Migrant Housing 69,242
Labor Camp Improvements Program. Up to $3,000,000 in each fiscal 69,243
year shall be transferred from line item 195-441, Low- and 69,244
Moderate-Income Housing, to line item 195-638, Low- and 69,245
Moderate-Income Housing Trust Fund.
HEAP Weatherization 69,247
Fifteen per cent of the federal funds received by the state 69,249
for the Home Energy Assistance Block Grant shall be deposited in 69,251
the Department of Development's Federal Special Revenue Fund 69,253
(Fund 3K9) and shall be used to provide home weatherization 69,255
services in the state.
Section 46.12. Travel and Tourism Grants 69,257
The foregoing appropriation item 195-507, Travel and 69,259
Tourism Grants, shall be used to provide grants to local 69,261
organizations to support various local travel and tourism events 69,262
in Ohio. For each grant, the Director of Development shall set 69,263
forth the terms and conditions for the distribution of these 69,264
funds.
Of the foregoing appropriation item 195-507, Travel and 69,266
Tourism Grants, up to $200,000 in each fiscal year of the 69,267
biennium may be used to support the outdoor dramas Trumpet in the 69,269
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 69,271
Drama; $50,000 in fiscal year 1998 shall be used for an 69,272
architectural and engineering feasibility study of the Middletown
Convention and Conference Center; $75,000 in each year shall go 69,273
to the Cincinnati Film Commission; $150,000 in fiscal year 1998 69,274
for the United States International Air and Trade Show in Dayton; 69,275
and $750,000 in each fiscal year shall be used for grants to the 69,277
1540
International Center for the Preservation of Wild Animals. In 69,278
addition, $250,000 in fiscal year 1998 shall go to the Ohio
Showboat Drama, only after local matching funds of at least 69,279
$50,000 have been obtained. 69,280
Section 46.13. Minority Business Bonding Fund 69,282
Notwithstanding Chapters 122., 169., and 175. of the 69,284
Revised Code and other provisions of this act, the Director of 69,285
Development may, upon the recommendation of the Minority 69,286
Development Financing Advisory Board, pledge up to $10,000,000 in 69,287
this biennium of unclaimed funds administered by the Director of 69,288
Commerce and allocated to the Minority Business Bonding Program 69,290
pursuant to section 169.05 of the Revised Code. The transfer of 69,291
any cash by the Director of Commerce from the Department of 69,292
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of 69,293
Development's Minority Business Bonding Fund (Fund 449) shall 69,294
occur, if requested by the Director of Development, only if such 69,295
funds are needed for payment of losses arising from the Minority 69,296
Business Bonding Program, and only after the $2,700,000 69,297
transferred to the Minority Business Bonding Fund by the 69,298
Controlling Board in 1983 has been used for that purpose. Moneys 69,299
transferred by the Director of Commerce for this purpose may be 69,300
moneys in custodial funds held by the Treasurer of State. If 69,301
expenditures are required for payment of losses arising from the 69,302
Minority Business Bonding Program, such expenditures shall be 69,303
made from appropriation item 195-623, Minority Business Bonding 69,304
Contingency in the Minority Business Bonding Fund, and such 69,305
amounts are hereby appropriated. 69,306
Minority Business Bonding Program Administration 69,308
Investment earnings of the foregoing appropriation item 69,310
195-623, Minority Business Bonding (Fund 449), shall be credited 69,311
to item 195-624, Minority Business Bonding Program Administration 69,312
(Fund 450). 69,313
Ohio Minority Development Financing Advisory Board 69,315
The foregoing appropriation item 195-411, Minority 69,317
1541
Development Financing Advisory Board, shall be used to pay 69,318
operating costs associated with the Minority Development 69,319
Financing Advisory Board. 69,320
Minority Business Enterprise Loan 69,322
Of the foregoing appropriation item 195-646, Minority 69,324
Business Enterprise Loan (Fund 4W1), not less than $500,000 in 69,326
each fiscal year shall be used to fund the Ohio Mini-Loan
Guarantee Program to make loan guarantees to small businesses in 69,327
an amount not to exceed fifty per cent of the total capital cost 69,328
of the project being assisted. In each fiscal year, no more than 69,329
$400,000 shall be used to pay up to 50 per cent of the operating 69,330
costs of the Minority Development Financing Advisory Board. 69,331
All loan repayments from the Minority Development Financing 69,333
Advisory Board loan program and the Ohio Mini-Loan Guarantee 69,334
Program shall be deposited in the State Treasury, to the credit 69,335
of the Minority Enterprise Loan Fund (Fund 4W1). 69,336
Section 46.14. Economic Development Financing Operating 69,338
The foregoing appropriation item 195-625, Economic 69,340
Development Financing Operating, shall be used for the operating 69,341
expenses of financial assistance programs authorized under 69,342
Chapter 166. of the Revised Code and under sections 122.43 and 69,343
122.45 of the Revised Code. 69,344
All Loan and Grant Programs 69,346
The Department of Development shall continue to submit to 69,348
the General Assembly, the Office of Budget and Management and the 69,350
Legislative Budget Office of the Legislative Service Commission 69,352
by April 1 of each year a report detailing the status of all open 69,354
loans and grants made by the department and all loans and grants 69,356
which have been closed out during the preceding calendar year. A 69,357
grant shall be considered open for three years from the date it 69,358
was awarded. The report shall identify, where applicable, the 69,360
date of Controlling Board approval, the number of jobs estimated 69,361
to be retained and created, and the number of people estimated to 69,362
be trained, as well as the actual numbers realized to date. In 69,363
1542
addition, beginning on July 1 of each year, the Department of 69,364
Development shall also submit a quarterly report of the loans and 69,365
grants which have been approved from the beginning of the current 69,366
calendar year. 69,367
Section 46.15. Facilities Establishment Fund 69,369
The foregoing appropriation item 195-615, Facilities 69,371
Establishment Fund (Fund 037), shall be used for the purposes of 69,372
the Facilities Establishment Fund under Chapter 166. of the 69,374
Revised Code. 69,375
Notwithstanding Chapter 166. of the Revised Code, up to 69,377
$1,600,000 may be transferred each fiscal year from the 69,379
Facilities Establishment Fund (Fund 037) to the Economic 69,380
Development Financing Operating Fund (Fund 451). The transfer is 69,381
subject to Controlling Board approval pursuant to division (B) of 69,383
section 166.03 of the Revised Code. The transfer shall be made 69,384
using an intrastate transfer voucher. 69,385
Notwithstanding Chapter 166. of the Revised Code, up to 69,387
$3,800,000 may be transferred in each fiscal year of the biennium 69,388
from the Facilities Establishment Fund (Fund 037) to the Minority 69,389
Business Enterprise Loan (Fund 4W1). The transfer is subject to 69,391
Controlling Board approval pursuant to division (B) of section 69,392
166.03 of the Revised Code. The transfer shall be made using an 69,393
intrastate transfer voucher.
Notwithstanding Chapter 166. of the Revised Code, up to 69,395
$5,000,000 cash may be transferred during the biennium from the 69,396
Facilities Establishment Fund (Fund 037) to the Port Authority 69,397
Bond Reserves Fund (Fund 5D1) for use by any port authority in 69,398
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 69,399
Director of Development shall develop program guidelines for the 69,400
transfer and release of funds, including, but not limited to, a 69,401
provision that no port authority shall receive more than 69,402
$2,000,000. The transfer and release of funds are subject to 69,403
Controlling Board approval. The transfer shall be made using an
1543
intrastate transfer voucher. Of the foregoing appropriation item 69,405
195-649, Port Authority Bond Reserves, $2,000,000 over the 69,406
biennium, subject to Controlling Board approval, shall go to the 69,407
Cleveland Port Authority to establish or supplement bond 69,408
reserves per the guidelines set forth by the director of 69,409
development.
Notwithstanding Chapter 166. of the Revised Code, up to 69,411
$30,000,000 cash may be transferred during the biennium from the 69,412
Facilities Establishment Fund (Fund 037) to the Urban 69,413
Redevelopment Loan Fund (Fund 5D2) for the purpose of removing 69,414
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 69,415
release of funds, including, but not limited to, the completion 69,416
of all appropriate environmental assessments before state 69,417
assistance is committed to a project. The transfer and release 69,418
of funds are subject to Controlling Board approval. The transfer 69,419
shall be made using an intrastate transfer voucher.
Notwithstanding Chapter 166. of the Revised Code, no less 69,421
than $2,500,000 in each fiscal year of the biennium shall be 69,422
transferred from the Facilities Establishment Fund (Fund 037) to 69,423
the Technology Action Loan Fund (Fund xxx) to be used in 69,424
conjunction with item 195-422, Technology Action, by the 69,425
Governor's Science Advisor, in consultation with the Ohio Science 69,427
and Technology Council and the Director of the Ohio Department of 69,428
Development for the purposes of securing high priority 69,429
technology initiatives which will make Ohio entities more 69,430
competitive in federal research and development programs. The 69,431
transfer is subject to Controlling Board approval pursuant to 69,432
division (B) of section 166.03 of the Revised Code. The transfer 69,433
shall be made using an intrastate transfer voucher.
Section 46.16. Supportive Services 69,435
The Director of Development may assess divisions of the 69,437
department for the cost of central service operations. Such an 69,438
assessment shall be based on a plan submitted to and approved by 69,439
1544
the Office of Budget and Management by the first day of August of 69,440
each fiscal year, and contain the characteristics of 69,441
administrative ease and uniform application. 69,442
A division's payments shall be credited to the Supportive 69,444
Service Fund (Fund 135) using an intrastate transfer voucher. 69,445
General Reimbursement 69,447
The foregoing appropriation item 195-636, General 69,449
Reimbursement, shall be used for conference and subscription fees 69,450
and other reimbursable costs. Revenues to the General 69,451
Reimbursement Fund (Fund 685) shall consist of fees and other 69,452
moneys charged for conferences, subscriptions, and other 69,453
administrative costs that are not central service costs. 69,454
A portion of the cash balance of the Supportive Services 69,456
Fund (Fund 135) may be transferred to the credit of the General 69,457
Reimbursement Fund (Fund 685), if requested by the Director of 69,458
Development and approved by the Director of Budget and 69,459
Management. 69,460
Section 46.17. Travel and Tourism Funding Study 69,462
The Legislative Service Commission shall conduct a study to 69,464
identify possible sources of funding to be used by the Division 69,465
of Travel and Tourism in the Department of Development to 69,466
encourage persons who reside in oth er states to travel to this 69,467
state. The Commission shall report its findings not later than
September 1, 1998, to the Chairperson and Vice-Chairperson of the 69,468
Legislative Service Commission, to the Chairpersons of the 69,469
Finance Committees in the Senate and the House of 69,470
Representatives, and to the Director of Development.
Section 47. OBD OHIO BOARD OF DIETETICS 69,472
General Services Fund Group 69,474
4K9 860-609 Operating Expenses $ 258,462 $ 256,346 69,479
TOTAL GSF General Services Fund 69,480
Group $ 258,462 $ 256,346 69,483
TOTAL ALL BUDGET FUND GROUPS $ 258,462 $ 256,346 69,486
Section 48. CDR COMMISSION ON DISPUTE RESOLUTION AND 69,489
1545
CONFLICT MANAGEMENT 69,490
General Revenue Fund 69,492
GRF 145-401 Commission on Dispute 69,495
Resolution/Management $ 555,613 $ 568,620 69,497
TOTAL GRF General Revenue Fund $ 555,613 $ 568,620 69,500
General Services Fund Group 69,503
4B6 145-601 Gifts and Grants $ 150,000 $ 150,000 69,508
TOTAL GSF General Services Fund 69,509
Group $ 150,000 $ 150,000 69,512
TOTAL ALL BUDGET FUND GROUPS $ 705,613 $ 718,620 69,515
Commission on Dispute Resolution/Management 69,518
The foregoing appropriation item 145-401, Commission on 69,519
Dispute Resolution/Management, shall be used in each fiscal year 69,520
by the Commission on Dispute Resolution and Conflict Management 69,521
for the purpose of providing dispute resolution and conflict 69,522
management training, consultation, and materials for state and 69,523
local government, communities, school districts, courts and, in 69,524
consultation with the Department of Education, for the purpose of 69,525
offering competitive school conflict programs to school 69,526
districts.
The Commission shall assist the Department of Education in 69,528
the development and dissemination of the school conflict 69,529
management programs to school districts.
Section 49. EDU DEPARTMENT OF EDUCATION 69,531
General Revenue Fund 69,533
GRF 200-100 Personal Services $ 10,437,925 $ 0 69,538
GRF 200-200 Maintenance $ 8,691,111 $ 0 69,542
GRF 200-300 Equipment $ 117,449 $ 0 69,546
GRF 200-405 Primary and Secondary 69,548
Education Funding $ 0 $4,428,073,165 69,550
GRF 200-406 Head Start $ 83,739,058 $ 0 69,554
GRF 200-408 Public Preschool $ 17,468,094 $ 0 69,558
GRF 200-411 Family and Children 69,560
First $ 8,500,500 $ 0 69,562
1546
GRF 200-412 Driver Education 69,564
Administration $ 143,429 $ 0 69,566
GRF 200-415 Consumer Education $ 500,000 $ 0 69,570
GRF 200-416 Vocational Education 69,572
Match $ 2,245,026 $ 0 69,574
GRF 200-417 Professional 69,576
Development $ 12,970,077 $ 0 69,578
GRF 200-422 School Management 69,580
Assistance $ 550,596 $ 0 69,582
GRF 200-423 Teacher Recruitment $ 1,289,067 $ 0 69,586
GRF 200-424 Simulation System $ 449,796 $ 0 69,590
GRF 200-426 Ohio Educational 69,592
Computer Network $ 21,568,858 $ 0 69,594
GRF 200-429 Local Professional 69,596
Development Block
Grants $ 9,259,713 $ 0 69,598
GRF 200-431 School Improvement 69,600
Models $ 16,450,000 $ 0 69,602
GRF 200-432 School Conflict 69,604
Management $ 392,575 $ 0 69,606
GRF 200-437 Student Proficiency $ 10,555,476 $ 0 69,610
GRF 200-441 American Sign 69,612
Language $ 226,245 $ 0 69,614
GRF 200-442 Child Care Licensing $ 1,359,171 $ 0 69,618
GRF 200-446 Education Management 69,620
Information System $ 12,060,657 $ 0 69,622
GRF 200-447 GED Testing/Adult 69,624
High School $ 1,939,001 $ 0 69,626
GRF 200-500 School Finance Equity $ 109,405,982 $ 0 69,630
GRF 200-501 School Foundation 69,632
Basic Allowance $2,161,351,688 $ 0 69,634
GRF 200-502 Pupil Transportation $ 179,702,987 $ 0 69,638
GRF 200-503 Bus Purchase 69,640
Allowance $ 36,365,821 $ 0 69,642
1547
GRF 200-504 Special Education $ 555,589,126 $ 0 69,646
GRF 200-505 School Lunch Match $ 9,450,000 $ 0 69,650
GRF 200-507 Vocational Education $ 317,421,847 $ 0 69,654
GRF 200-509 Adult Literacy 69,656
Education $ 8,928,273 $ 0 69,658
GRF 200-511 Auxiliary Services $ 95,956,267 $ 0 69,662
GRF 200-512 Driver Education $ 6,026,070 $ 0 69,666
GRF 200-514 Post-Secondary/Adult 69,668
Vocational Education $ 20,695,861 $ 0 69,670
GRF 200-520 Disadvantaged Pupil 69,672
Impact Aid $ 277,205,650 $ 0 69,674
GRF 200-521 Gifted Pupil Program $ 34,365,349 $ 0 69,678
GRF 200-524 Educational 69,680
Excellence and
Competency $ 9,188,000 $ 0 69,682
GRF 200-526 Vocational Education 69,684
Equipment Replacement $ 4,941,622 $ 0 69,686
GRF 200-532 Nonpublic 69,688
Administrative Cost
Reimbursement $ 41,829,125 $ 0 69,690
GRF 200-533 School-Age Child Care $ 1,046,647 $ 0 69,694
GRF 200-534 Desegregation Costs $ 50,400,000 $ 0 69,698
GRF 200-539 Education Technology $ 6,300,073 $ 0 69,702
GRF 200-541 Peer Review $ 1,840,000 $ 0 69,706
GRF 200-542 National Board 69,708
Certification $ 1,600,000 $ 0 69,710
GRF 200-543 Entry Year Program $ 2,396,205 $ 0 69,714
GRF 200-544 Individual Career 69,716
Plan & Passport $ 5,708,968 $ 0 69,718
GRF 200-551 Reading Improvement $ 1,666,133 $ 0 69,722
GRF 200-552 County MR/DD Boards 69,724
Vehicle Purchases $ 1,551,774 $ 0 69,726
GRF 200-553 County MR/DD Boards 69,728
Transportation
1548
Operating $ 6,611,623 $ 0 69,730
GRF 200-577 Preschool Special 69,732
Education $ 62,219,535 $ 0 69,734
GRF 200-589 Special Education 69,736
Aides $ 1,635,157 $ 0 69,738
GRF 200-901 Property Tax 69,740
Allocation -
Education $ 566,800,000 $ 600,800,000 69,742
GRF 200-906 Tangible Tax 69,744
Exemption - Education $ 61,320,000 $ 63,210,000 69,746
TOTAL GRF General Revenue Fund $4,860,433,607 $5,092,083,165 69,749
General Services Fund Group 69,752
4D1 200-602 Ohio 69,755
Prevention/Education
Resource Center $ 277,560 $ 285,332 69,757
138 200-606 Computer Services $ 4,036,728 $ 4,143,201 69,761
452 200-638 Fees and Gifts $ 1,788,862 $ 1,838,335 69,765
596 200-656 Ohio Career 69,767
Information System $ 647,156 $ 660,812 69,769
4P1 200-629 Adult Literacy 69,771
Education $ 2,364,400 $ 2,430,603 69,773
4L2 200-681 Teacher Certification 69,775
and Licensure $ 3,580,741 $ 3,675,311 69,777
TOTAL GSF General Services 69,778
Fund Group $ 12,695,447 $ 13,033,594 69,781
Federal Special Revenue Fund Group 69,784
309 200-601 Educationally 69,787
Disadvantaged $ 12,486,104 $ 12,904,245 69,789
366 200-604 Adult Basic Education $ 12,499,412 $ 12,499,412 69,793
3H9 200-605 Head Start 69,795
Collaboration Project $ 200,000 $ 200,000 69,797
367 200-607 School Food Services $ 9,290,000 $ 10,160,000 69,801
368 200-614 Veterans' Training $ 565,232 $ 593,493 69,805
369 200-616 Vocational Education $ 10,556,971 $ 10,787,320 69,809
1549
3L6 200-617 Federal School Lunch $ 159,570,000 $ 167,550,000 69,813
3L7 200-618 Federal School 69,815
Breakfast $ 29,818,000 $ 31,607,000 69,817
3L8 200-619 Child and Adult Care 69,819
Programs $ 58,600,000 $ 59,800,000 69,821
3L9 200-621 Vocational Education 69,823
Basic Grant $ 54,122,121 $ 54,122,121 69,825
3M0 200-623 ESEA Chapter One $ 356,669,568 $ 374,503,047 69,829
370 200-624 Education of All 69,831
Handicapped Children $ 12,902,838 $ 12,902,838 69,833
3N7 200-627 School-to-Work $ 18,000,000 $ 13,500,000 69,837
371 200-631 EEO Title IV $ 364,655 $ 377,850 69,840
372 200-635 Federal Driver 69,842
Education Projects $ 84,500 $ 84,500 69,844
373 200-642 Pupil Transportation 69,846
Safety Project $ 81,000 $ 81,000 69,848
374 200-647 E.S.E.A. Consolidated 69,850
Grants $ 260,301 $ 265,624 69,852
375 200-652 Technical Assistance 69,854
for Educational
Mobility $ 216,720 $ 227,556 69,856
376 200-653 J.T.P.A. $ 5,000,000 $ 5,034,523 69,860
3R3 200-654 Goals 2000 $ 14,585,000 $ 14,585,000 69,864
377 200-657 Sex Equity $ 125,685 $ 131,969 69,868
378 200-660 Math/Science 69,870
Technology
Investments $ 9,669,247 $ 10,622,852 69,872
3D1 200-664 Drug Free Schools $ 17,410,259 $ 19,500,000 69,876
3D2 200-667 Honors Scholarship 69,878
Program $ 1,231,979 $ 1,231,979 69,880
3E2 200-668 AIDS Education 69,882
Project $ 718,734 $ 620,775 69,884
3M1 200-678 ESEA Chapter Two $ 13,478,447 $ 14,152,369 69,888
1550
3M2 200-680 Ind W/Disab Education 69,890
Act $ 91,825,830 $ 91,825,830 69,892
TOTAL FED Federal Special 69,893
Revenue Fund Group $ 890,332,603 $ 919,871,303 69,896
State Special Revenue Fund Group 69,899
454 200-610 Guidance and Testing $ 490,662 $ 503,912 69,904
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 69,908
4V7 200-633 Interagency 69,910
Vocational Support $ 514,000 $ 528,392 69,912
5F8 200-645 Textbooks/Instructional 69,913
Materials $ 25,000,000 $ 0 69,916
598 200-659 Auxiliary Services 69,918
Mobile Units $ 1,224,444 $ 1,258,728 69,920
4R7 200-695 Indirect Cost 69,922
Recovery $ 1,357,434 $ 1,393,146 69,924
TOTAL SSR State Special Revenue 69,925
Fund Group $ 36,586,540 $ 11,684,178 69,928
Lottery Profits Education Fund Group 69,931
017 200-682 Lease Rental Payment 69,934
Reimbursement $ 21,280,000 $ 31,530,000 69,936
017 200-670 School Foundation - 69,938
Basic Allowance $ 584,137,200 $ 592,093,028 69,940
017 200-671 Special Education $ 44,000,000 $ 44,000,000 69,944
017 200-672 Vocational Education $ 30,000,000 $ 30,000,000 69,948
017 200-694 Bus Purchase One Time 69,950
Supplement $ 10,000,000 $ 0 69,952
018 200-649 Disability Access 69,954
Project $ 5,000,000 $ 0 69,956
018 200-669 Judgement Loan $ 5,650,000 $ 0 69,960
Total 017 and 018 69,961
LPE Lottery Profits Education 69,962
Fund Group $ 700,067,200 $ 697,623,028 69,965
Education Improvement Fund 69,968
1551
006 200-689 Hazardous Waste 69,971
Removal $ 1,500,000 $ 1,443,401 69,973
TOTAL Education Improvement Fund $ 1,500,000 $ 1,443,401 69,976
TOTAL ALL BUDGET FUND GROUPS $6,501,615,397 $6,735,738,669 69,979
Primary and Secondary Education Funding 69,982
In anticipation of a new, improved school finance formula 69,984
and education reform plan, to be enacted before fiscal year 1999, 69,985
the foregoing appropriation item, 200-405, Primary and Secondary 69,986
Education Funding is hereby appropriated.
Appropriations in appropriation item 200-405, Primary and 69,988
Secondary Education Funding, are sufficient to fund the basic aid 69,989
formula factors and other SF-12 formula factors in Chapter 3317. 69,990
of the Revised Code and other sections of this act. Payment of 69,991
fiscal year 1999 earmarks in the Department of Education's budget 69,992
are subject to the passage of a new school finance formula and 69,993
education reform plan, to be enacted before fiscal year 1999.
Section 49.01. Maintenance 69,995
Of the foregoing appropriation item 200-200, Maintenance, 69,997
up to $25,000 may be expended in each year of the biennium for 69,998
State Board of Education out-of-state travel. 69,999
Section 49.02. Head Start 70,001
The foregoing appropriation item 200-406, Head Start, shall 70,003
be distributed by the Department of Education to Head Start 70,004
agencies. A "Head Start agency" means an entity that has been 70,005
approved to be an agency in accordance with Sec. 641 [42 U.S.C. 70,006
9836< of the Head Start Act, and amendments thereto or an entity 70,008
designated for state Head Start funding under divisions (F) and
(K) of this section. Participation in state funded Head Start 70,009
programs is voluntary.
Moneys distributed under this heading shall not be used to 70,011
reduce expenditures from funds received by a Head Start agency 70,012
from any other sources. Section 3301.31 of the Revised Code does 70,013
not apply to funds appropriated under this heading. In lieu of 70,014
section 3301.31 of the Revised Code, distribution of moneys 70,015
1552
appropriated under this heading shall be as follows:
(A) In fiscal years 1998 and 1999, up to two per cent of 70,017
the total appropriation may be used by the Department of 70,018
Education for administrative costs of complying with this section 70,019
and management assistance. Staff shall be designated to manage 70,021
the grant process; monitor program operation; including at least 70,023
one site visit per Head Start agency per year; provide technical
assistance to programs to improve quality; to assist in expansion 70,024
planning; to assist funded programs to increase staff 70,025
professional development; increase staff to meet recommended 70,026
staff/child ratios; wage comparability with other local community 70,027
entities providing comparable services; to improve the agencies' 70,028
management capacity generally; to help programs comply with the
Head Start performance standards described in 45 C.F.R. 1304; to 70,029
assist Head Start agencies in developing collaborative practices 70,030
with child care providers, for full-day, full-year services, 70,031
other agencies providing comprehensive services, and public 70,032
schools; support conflict management activities provided by the
Ohio Commission on Dispute Resolution and Conflict Management; 70,033
assist programs with facilities planning, construction, 70,034
renovation, or lease agreements in combination with the Community 70,035
Development Finance Fund (CDFF); to collect and analyze data on 70,036
specific topics and issues that impact policy and program 70,037
practices (i.e., staff turnover, attendance, transition); and
program accreditation. The Department of Education may use these 70,039
funds to contract for management and training specialist, hire 70,040
consultants, and to organize volunteer professional services. 70,041
The Department of Education shall provide an annual report 70,043
to the Governor, the Speaker of the House of Representatives, the 70,044
President of the Senate, the State Board of Education, Head Start 70,045
Grantees, and other interested parties. The report shall include 70,046
the following:
(1) The number of per cent of eligible children by county 70,048
and by grantee;
1553
(2) The amount of state funds requested for continuation 70,050
and expansion per grantee; 70,051
(3) The amount of state funds received for continuation 70,053
and expansion per grantee; 70,054
(4) The amount of state funds unexpended per grantee; 70,056
(5) The number of Head Start site visits made per grantee 70,058
by the department and a summary of the findings; 70,059
(6) The number of full-time equivalent department staff 70,061
conducting site visits; 70,062
(7) Any other data reflecting the progress of Head Start 70,064
expansion that the department regards as pertinent. 70,065
(8) A summary of Ohio's performance on the Head Start 70,067
national performance indicators; 70,068
(9) A summary of programs performance on the state 70,070
critical performance indicators; 70,071
(10) A summary of developmental progress of children 70,073
participating in the state funded Head Start program. 70,074
In addition to the Department report, each grantee shall be 70,076
required to publish and disseminate an annual progress report to 70,078
the community.
(B) For purposes of this section, "eligible child" means a 70,080
child who is at least three years of age and not of compulsory 70,081
school age whose family earns no more than 100 per cent of the 70,082
federal poverty level.
For purposes of determining an estimate of the number of 70,084
eligible children and the per cent served by grantee(s) in each 70,085
county the Department will use an unduplicated count of TANF, 70,086
Food Stamp, and Healthy Start (EPSDT) enrollment data provided by 70,087
the Ohio Department of Human Services as of the first full week 70,088
of December divided into the actual number of children receiving
Head Start services as of the first full week of December. 70,089
(C) After setting aside amounts to make any payments due 70,091
from the prior fiscal year, in fiscal years 1998 and 1999, grants 70,092
shall first be made to recipients of grants during the preceding 70,093
1554
fiscal year. Grants under this division may be reduced by the 70,094
amount received in that year for one-time start-up costs and may 70,095
be adjusted for actual months of program operation or enrollment 70,096
as reported during the first full week of December, and may be
increased by a reasonable percentage for inflation to be 70,097
determined by the Department of Education and in accordance with 70,098
division (H) of this section. The Department may redistribute 70,099
dollars to programs demonstrating an unmet need based on updated 70,100
assessments of family needs and community resources, with special 70,101
attention to the projected impact of welfare reform.
(D) After the expenditures in divisions (A) and (C) of 70,103
this section, the Department shall distribute the remainder of 70,104
the appropriation in each fiscal year as expansion grants through 70,105
a competitive bid process. All Head Start agencies established 70,106
and in operation in Ohio are eligible to apply for expansion 70,107
grants under this division.
Grantees may submit applications under one of two 70,109
priorities: Priority One: Head Start/Early Childhood 70,110
Partnerships. Increase services through collaborative funding 70,111
and or service models designed to meet the needs of families who 70,112
are employed, entering the workforce, or participating in
Temporary Assistance to Needy Families (TANF) related education, 70,113
training, or community services activities. These partnerships 70,114
may include early care and education programs licensed under 70,115
Chapter 3301. or 5104. of the Revised Code and certified family 70,116
child care homes. Priority Two: Center-Based, Home-Based, and 70,117
Other Programs. Serve additional Head Start eligible children in 70,118
part-day or full-day center-based programs, home-based programs,
or combination option programs in accordance with current Head 70,119
Start Performance Standards. Programs should be designed based 70,120
on updated assessments of family needs and community resources, 70,121
with attention to the projected impact of welfare reform on the 70,122
families to be served.
Should the Head Start agency, in a targeted service area, 70,124
1555
choose not to expand services, the Department of Education may 70,125
through a competitive grant process select a new agency to 70,126
provide state funded expansion services.
(E) Costs for developing and administering a Head Start 70,128
program may not exceed fifteen per cent of the total approved 70,129
costs of the program.
The Department of Education may reallocate unobligated or 70,131
unspent money to participating Head Start agencies for purposes 70,132
of program expansion, improvements, or special projects to 70,133
promote excellence and innovation.
The Ohio Department of Education may use up to $1,500,000 70,135
in each year of the biennium to assist programs with the costs 70,136
associated with implementing corrective plans of action. 70,137
(F) By January 1, 1998, the Ohio Department of Education 70,139
in consultation with interested parties and Head Start agencies 70,140
shall formulate and prescribe target levels for critical 70,141
performance indicators for the purpose of assessing Head Start 70,142
programs. On site reviews and follow-up visits will be based on
grantee progress in meeting the prescribed target levels. 70,143
The Ohio Department of Education shall require corrective 70,145
plans of action for programs not achieving target levels. Action 70,146
plans will include activities to be conducted by the grantee and 70,147
timelines for activities to be completed and timelines for 70,148
additional data submission to the Department demonstrating
targets have been met. Programs not meeting performance targets 70,149
in accordance with the plan of action and prescribed timelines 70,150
may have their continuation funding reduced, be disqualified for 70,151
expansion consideration until targets are met, or have all state 70,152
funds withdrawn and a new grantee established.
The Ohio Department of Education site visits will be 70,154
determined based on the results of the data reported. 70,155
The Ohio Department of Education shall require Head Start 70,157
grantees to document child progress using a common instrument 70,158
prescribed by the Department and report aggregate results 70,159
1556
annually. The dates for documenting and reporting will be 70,160
determined by the Department.
The Ohio Department of Education shall require school 70,162
districts to collect "preschool" information by program type. 70,163
All data will be reported via the Education Management 70,164
Information System (EMIS).
(G) Each Head Start Grantee shall be required to develop 70,166
local transition agreements among agencies which detail 70,167
activities and processes to be implemented among programs as 70,168
required by Head Start Performance Standards.
(H) An increase in funding beyond inflation may be 70,170
approved under division (C) of this section in order to meet 70,171
increased costs beyond inflation and in order to maintain 70,172
comparability with the Head Start agency's federally funded
services and program improvements except that any approval of an 70,173
increase beyond inflation in continuation grants approved in 70,174
division (C) of this section shall be contingent on the 70,175
availability of funds after taking into consideration the amount 70,176
of funds needed to meet targets for expansion of services under 70,177
division (D) of this section.
(I) The department may audit a Head Start agency's 70,179
financial and program records. Head Start agencies that have 70,180
financial practices not in accordance with standard accounting 70,181
principles, that fail to substantially meet the Head Start 70,182
Performance Standards, that exhibit below average performance in
the on site review or that exhibit below average performance in 70,183
the review described in divisions (I)(2)(a) to (d) of this 70,184
section shall, in consultation with the department, propose and 70,185
implement a corrective plan of action. The corrective plan of 70,186
action shall be signed by the Policy Council chairperson and the
appropriate grantee board official. The corrective plan of 70,187
action shall include a schedule for monitoring by the department. 70,188
Such monitoring may include monthly reports, inspections, a 70,189
timeline for correction of deficiencies, and technical assistance 70,190
1557
to be provided by the department or obtained by the Head Start 70,191
agency. The department may withhold funding pending corrective 70,192
action. If a Head Start agency fails to satisfactorily complete 70,193
a corrective plan of action, the department may either deny
expansion funding to the agency or withdraw all state Head Start 70,194
funding from the agency and establish a new state funded agency 70,195
through a competitive bidding process. 70,196
(1) All recipients of funds shall maintain such fiscal 70,198
control and accounting procedures as may be necessary to ensure 70,199
the disbursement of, and accounting for, these funds. The 70,200
control of funds provided in this program, and title to property 70,201
derived therefrom, shall be under the authority of the approved
recipient for the purposes provided in the program. The approved 70,202
recipient will administer and use such property and funds for the 70,203
purposes specified.
(2) Monitoring of Head Start agencies by the department 70,205
shall include, but not be limited to, a review of the following: 70,206
(a) Performance audits; 70,208
(b) Expenditure reports; 70,210
(c) Progress in serving the community needs based on 70,212
updated assessments of family needs and community resources; 70,213
(d) Progress in meeting critical performance indicators. 70,215
(J) The information to be provided by each applicant for 70,217
funds shall include, but not be limited to, description of the 70,218
program activities, budget, performance indicators, activities 70,219
for which these funds will be spent.
(K) New agencies may be designated for state Head Start 70,221
funding if a Head Start agency voluntarily waives its right to 70,222
apply for state continuation or expansion funding. 70,223
When such a condition exists, the Department of Education 70,225
shall conduct a competitive bidding process to select a new 70,226
agency to provide state funded continuation and/or expansion 70,227
services. The bidding process shall include notices of 70,228
competitive bidding mailed to delegate agencies in the affected
1558
area and to newspapers in the Head Start service area. 70,229
(L) It is the intent of the General Assembly that 70,231
appropriations for appropriation items 200-406 and 200-408 be 70,232
available for transfer between Head Start and Public Preschool 70,233
programs so that unallocated funds may be used between the two 70,234
programs.
Section 49.03. Public Preschool 70,236
The foregoing appropriation item 200-408, Public Preschool, 70,238
shall be used by the Department of Education to award grants to 70,239
school districts and educational service centers to pay the costs 70,240
of comprehensive preschool programs for three and four-year-old 70,241
children. "School district" means a city, local, exempted 70,242
village, joint vocational school district, or educational service 70,244
center.
(A) In fiscal years 1998 and 1999, up to one per cent of 70,246
the total appropriation may be used by the Department of 70,247
Education for administrative costs of complying with this 70,248
section. Staff shall be designated to manage the grant process; 70,249
monitor program operation, including at least one site visit per 70,250
school district per year; and provide technical assistance to 70,251
programs to improve quality and to assist in expansion planning. 70,252
The Department of Education shall provide an annual report to the 70,253
Governor, the Speaker of the House of Representatives, and the 70,254
President of the Senate. The report shall include: 70,255
(1) The number and per cent of eligible children served by 70,257
county and by program; 70,258
(2) The amount of state funds expended per program; 70,260
(3) The amount of state funds unexpended per program; 70,262
(4) The amount of parent fees estimated in the proposal 70,264
and the amount of parent fees collected by program; 70,265
(5) The per cent of children served by family income 70,267
categories by program;
(6) The per cent of parent fees collected to total program 70,269
budget;
1559
(7) The number of site visits made per program; 70,271
(8) The number of full-time equivalent staff conducting 70,273
site visits;
(9) Any other data reflecting the progress of public 70,275
preschool programs that the department regards as pertinent; 70,276
For purposes of this section "eligible child" means a child 70,278
from a family earning no more than 185 per cent of the federal 70,279
poverty level.
(B) In fiscal years 1998 and 1999, up to one per cent of 70,281
the total appropriation may be used by the department for 70,282
management assistance; to improve the districts' preschool 70,283
program management capacity generally; to help programs comply 70,284
with the Head Start performance standards described in 45 C.F.R. 70,285
1304; to assist school districts in developing collaborative
practices and building-integrated, developmentally appropriate 70,286
services; for staff professional development; and to support 70,287
conflict management programs provided by the Ohio Commission on 70,288
Dispute Resolution and Conflict Management. The Department of 70,289
Education may use these management assistance funds to contract 70,290
for management and training specialists, hire consultants, and to
organize volunteer professional services. 70,291
(C) After setting aside amounts to make any payments due 70,293
the prior fiscal year, in fiscal years 1998 and 1999, grants 70,294
shall first be made to recipients of grants during the preceding 70,295
fiscal year, provided the recipient is in compliance with 70,296
standards established by the Department of Education, Head Start 70,297
Performance Standards, and provided a majority of children
enrolled in the recipient's program are from families earning no 70,298
more than 185 per cent of the federal poverty level. 70,299
Continuation grants under this division shall equal the amount of 70,301
the grant received in the preceding fiscal year except that such
amount may be reduced by the amount received in that year for 70,302
one-time start-up costs and may be increased by a reasonable 70,304
percentage for inflation to be determined by the Department of 70,305
1560
Education and in accordance with division (E) of this section. 70,306
(D) After the expenditures in divisions (A), (B), and (C) 70,308
of this section, the department shall distribute the remainder of 70,310
the appropriation in each fiscal year to serve children from 70,311
families earning no more than 185 per cent of the federal poverty 70,312
level. All eligible providers defined in division (A) of this
section may apply for expansion grants. 70,313
Grants received under this division may be used for 70,315
start-up costs associated with program expansion such as 70,316
renovation of facilities, and to make program improvements, 70,317
including, but not limited to, staff training, retention, and
salary upgrades and the provision of additional support staff, 70,318
such as health and parent coordinators and social workers in 70,319
accordance with federal guidelines and as is necessary to meet 70,320
the objectives of the Ohio Family and Children First Initiative. 70,321
Collaborative and contractual arrangements with Head Start 70,322
agencies or other programs licensed under Chapter 5104. of the
Revised Code, and other service providers are permitted and 70,323
encouraged.
(E) An increase in funding beyond inflation may be 70,325
approved under division (C) of this section in order to meet 70,326
increased costs beyond inflation and in order to maintain 70,327
comprehensive services comparable with Head Start funded services 70,328
and program improvements except that any approval of an increase
beyond inflation in continuation grants approved under division 70,329
(C) of this section shall be contingent on the availability of 70,330
funds.
(F) Each school district shall develop a sliding fee scale 70,332
based on the family incomes in the district and shall charge 70,334
families who earn more than the federal poverty level for 70,335
preschool.
(G) It is the intent of the General Assembly that 70,337
appropriations for line item 200-406 and 200-408 be available for 70,338
transfer between Head Start and Public Preschool programs so that 70,339
1561
unallocated funds may be used between the two programs. 70,340
Section 49.04. Family and Children First 70,342
(A) Of the foregoing appropriation item 200-411, Family 70,344
and Children First, the Department of Education shall transfer up 70,345
to $3,587,500 in fiscal year 1998 and $3,677,188 in fiscal year 70,346
1999 by intrastate transfer voucher to the Department of Mental 70,348
Retardation and Developmental Disabilities. These funds shall be 70,349
spent on direct grants to county family and children first 70,351
councils and local intersystem services for children clusters
created under section 121.37 of the Revised Code. The funds 70,352
shall be used as partial support payment and reimbursement for 70,354
the maintenance and treatment costs of multi-need children that 70,355
come to the attention of the Family and Children First Cabinet 70,356
Council pursuant to section 121.37 of the Revised Code. The 70,357
Department of Mental Retardation and Developmental Disabilities 70,358
shall administer the distribution of the direct grants to the 70,359
county councils and local clusters. The Department of Mental 70,362
Retardation and Developmental Disabilities may use up to five per 70,363
cent of this amount for administrative expenses associated with 70,364
the distribution of funds to the county councils and local
clusters. 70,365
(B) Of the funds appropriated in this item, up to 70,367
$1,643,000 in fiscal year 1998 and $1,775,000 in fiscal year 1999 70,368
shall be used as administrative grants to county family and 70,369
children first councils to provide a portion of the salary and 70,370
fringe benefits necessary to fund county council coordinators, 70,372
administrative support, training, or parental involvement. In 70,373
the event that not all counties in the state have established a 70,374
county council, at the beginning of the fourth quarter of a 70,375
fiscal year, any remaining funds to be used as administrative 70,376
grants may be distributed among those counties that have
established a county council. The total grant under this 70,378
provision to any county family and children first council shall 70,379
not exceed $18,500 in fiscal year 1998 and $20,000 in fiscal year 70,380
1562
1999.
(C) Of the foregoing appropriation item 200-411, Family 70,382
and Children First, up to $3,120,000 in fiscal year 1998 and 70,383
$5,040,000 in fiscal year 1999 shall be used to fund school-based 70,385
or school-linked school readiness resource centers in school 70,386
districts where there is a concentration of risk factors to 70,387
school readiness and success, including indicators of poverty, 70,388
health, and family stability. The purpose of these centers is to 70,389
assist in providing services to families of school-age children 70,390
who want and need support.
School readiness resource centers shall be located in each 70,392
of the state's 21 urban school districts as defined in division 70,393
(H) of section 3317.02 of the Revised Code. The Ohio Family and 70,394
Children First Cabinet Council, in consultation with the 70,395
Department of Education and school districts, shall identify 70,396
individual schools based on quantitative and qualitative factors 70,397
that reflect both the need for school readiness resource centers 70,398
and the local capacity for redesigning, as necessary, a delivery 70,399
system of family support services. The council and the Department 70,401
of Education shall organize and provide technical assistance to
the school districts and communities in planning, developing, and 70,403
implementing the centers. The council shall also negotiate a
performance agreement that details required program 70,404
characteristics, service options, and expected results. 70,405
Each urban school district and community may receive up to 70,407
$240,000 for three school readiness resource centers that may be 70,408
located in or linked to elementary, middle, and high school sites 70,410
that are connected by student assignment patterns within the 70,411
school districts. Each school district shall work with a
representative of the local family and children first council and 70,413
a representative cross-section of families and community leaders 70,414
in the district to design a unified and comprehensive service 70,415
delivery plan that supports the development and implementation of 70,416
the school readiness resource centers and the results and 70,417
1563
conditions agreed to in the performance agreement negotiated with 70,418
the state council.
Up to $50,000 in each fiscal year may be used by the Ohio 70,420
Family and Children First Cabinet Council for an evaluation of 70,421
the effectiveness of the school readiness resource centers. Up to 70,422
$100,000 in each fiscal year may be used by the cabinet council 70,423
to approve technical assistance and oversee the implementation of 70,425
the centers. The administration and management of the school
readiness resource centers may be contracted out through a 70,426
competitive bidding process established by the cabinet council in 70,428
consultation with the Department of Education.
Driver Education Administration 70,430
The foregoing appropriation item 200-412, Driver Education 70,432
Administration, shall be used by the Department of Education for 70,433
the administration of driver education programs. 70,434
Consumer Education 70,436
The foregoing appropriation item 200-415, Consumer and 70,438
Economic Education, shall be used by the Department of Education 70,439
to promote the teaching of consumer and economic education as an 70,440
integral part of the entire elementary and secondary school 70,441
curriculum, which shall include the development, dissemination, 70,442
and implementation of comprehensive education curriculum 70,443
materials designed to improve understanding of economic 70,444
principles, family and public needs, and the methods by which our 70,445
economic systems function. 70,446
Vocational Education Match 70,449
The foregoing appropriation item 200-416, Vocational 70,451
Education Match, shall be used by the Department of Education to 70,452
provide vocational administration matching funds pursuant to 20 70,453
U.S.C. 2311. 70,454
Professional Development 70,456
The foregoing appropriation item 200-417, Professional 70,458
Development, shall be used by the Department of Education to 70,459
develop a statewide comprehensive system of twelve professional 70,461
1564
development centers that support local educators' ability to 70,463
foster academic achievement in the students they serve. The 70,465
centers shall include training teachers on site-based management 70,466
concepts to encourage teachers to become involved in the 70,467
management of their schools. Each fiscal year, up to $450,000 of 70,468
the appropriation item shall be used to continue Ohio leadership 70,469
academies to develop and train superintendents, principals, other 70,470
administrators, and board members in new leadership and 70,471
management practices to support high performance schools. This
training shall be coordinated with other locally administered 70,472
leadership programs. 70,473
Of the foregoing appropriation item 200-417, Professional 70,475
Development, up to $6,000,000 in fiscal year 1998 shall be used 70,476
for the creation or expansion of urban professional development 70,477
academies in Akron, Cincinnati, Cleveland, Columbus, Dayton, and 70,478
Toledo. Challenge grants in the amount of $1,000,000 per academy 70,480
shall be provided to support academies that have established an
improvement plan that includes an overall professional 70,481
development plan that align with and advances the district 70,482
improvement plan, and that defines the contribution the academy 70,483
is expected to make toward the achievement of the professional 70,484
development plan.
(A) These challenge grants are to support start-up 70,486
academies that include all of the following: 70,488
(1) A contractual relationship for the operation of the 70,490
academy between the school district, one or more public or 70,491
private universities, and the teachers' union; 70,492
(2) A self-supporting foundation for the operation of the 70,494
academy;
(3) A governing committee comprised of the superintendent 70,496
of the public school; the president of the teachers' union; the 70,497
dean of the college of education of each participating 70,498
university; and at least two representatives of the business 70,500
community to be determined by the governing committee;
1565
(4) Mandatory teacher participation in job-embedded, 70,502
team-building activities that may include principals and other 70,503
administrative staff;
(5) Annual evaluation of the academy to be filed with the 70,505
Ohio Department of Education, which shall determine the 70,506
parameters of the annual evaluations, that include the school 70,507
district's progress toward the achievement of its improvement 70,508
plan.
(B) Challenge grants of up to $1,000,000 per academy will 70,510
be provided to support existing academies that agree to implement 70,511
one or more of the following: 70,512
(1) Adoption of a policy of mandatory teacher 70,514
participation in academy activities; 70,515
(2) Creation of a leadership component in the academy; 70,517
(3) The participation of personnel from other urban 70,519
districts in the academy.
Existing academies shall conduct annual evaluations of the 70,521
academy to be filed with the Ohio Department of Education, which 70,522
shall determine the parameters of the annual evaluations. 70,523
School districts receiving a $1,000,000 challenge grant for 70,525
the creation of an urban professional development academy may 70,526
select, but are not required to select, the New American Schools 70,527
Program as the focus of their academy. The challenge grant for 70,528
the Cincinnati City School District may be used for the expansion 70,529
of either the Mayerson Academy or the New American Schools
project, or both, at the discretion of the district. 70,530
Of the foregoing appropriation item 200-417, Professional 70,532
Development, $50,000 each year shall be distributed to the Ohio 70,533
Geographical Alliance at such time as matching funds are provided 70,534
by the National Geographical Society. These moneys shall be used 70,535
by the Ohio Geographical Alliance to provide inservice geography 70,536
training to Ohio public school teachers. 70,537
Of the foregoing appropriation 200-417 Professional 70,539
Development, $75,000 in each fiscal year shall be distributed by 70,540
1566
the Department of Education to the Ohio University Leadership 70,541
Project.
Of the foregoing appropriation item 200-417, Professional 70,543
Development, up to $500,000 each year shall be used by the 70,544
Department of Education to work with school districts in 70,545
coordinating and improving the training and performance of 70,546
classroom teachers.
Of the foregoing appropriation item 200-417, Professional 70,548
Development, $25,000 in each fiscal year shall be used by the 70,549
Lake County Educational Service Center and $25,000 in each fiscal 70,550
year shall be used by the Geauga County Educational Service 70,551
Center. Both projects shall be used for professional teacher 70,552
development of innovative teaching practices in science and math.
Of the foregoing appropriation item 200-417, Professional 70,554
Development, $500,000 in each fiscal year shall be used by the 70,555
Southern Ohio Appalachian Initiative to create professional 70,556
development academies for teachers, principals, and 70,557
superintendents in the Appalachian region.
School Management Assistance 70,559
The foregoing appropriation item 200-422, School Management 70,561
Assistance, shall be used by the Department of Education to 70,562
provide fiscal technical assistance and inservice education for 70,563
school district management personnel, to coordinate school 70,564
district borrowing under the provisions of section 3313.483 of 70,565
the Revised Code, and to implement year-end borrowing authority 70,566
by districts pursuant to section 133.303 of the Revised Code. 70,567
Teacher Recruitment 70,569
The foregoing appropriation item 200-423, Teacher 70,571
Recruitment, shall be used by the Department of Education to 70,573
establish programs targeted at recruiting under-represented 70,574
populations into the teaching profession. In each year, the
appropriation item shall be used by the department to include, 70,575
but not be limited to, alternative teacher licensure or 70,576
certification programs emphasizing the recruitment of highly 70,578
1567
qualified minority candidates into teaching, including
emphasizing the recruitment of highly qualified minority 70,579
candidates into teaching positions in schools which have a high 70,580
percentage of minority students. The recruitment programs shall 70,582
also target recruiting qualified candidates available as a result
of downsizing of the military and business sectors. Funding 70,583
shall also be targeted to statewide, regional, and local programs 70,584
that are competitively selected as promising programs 70,585
demonstrating the potential of significantly increasing Ohio's 70,586
minority teaching force.
Simulation System 70,588
The foregoing appropriation item 200-424, Simulation 70,590
System, shall be used by the Department of Education to develop 70,591
software and other computer assistance to maintain and enhance a 70,592
system of administrative, statistical, and legislative education 70,593
information to be used for policy analysis. The data base shall 70,594
be kept current at all times. Such a system will be used to 70,595
supply information and analysis of data to the General Assembly 70,596
and other state policy makers, including the Office of Budget and 70,597
Management and the Legislative Budget Office of the Legislative 70,598
Service Commission. 70,599
The Department of Education may use funding from this line 70,601
item to purchase or contract for the development of software 70,602
systems or contract for policy studies that will assist in the 70,604
provision and analysis of policy-related information.
Ohio Education Computer Network 70,606
The foregoing appropriation item 200-426, Ohio Education 70,608
Computer Network, shall be used by the Department of Education to 70,609
maintain a system of information technology throughout Ohio and 70,610
to provide technical assistance for such a system in support of 70,611
the State Education Technology Plan pursuant to section 3301.07 70,612
of the Revised Code. 70,613
This system shall support the development, maintenance, and 70,615
operation of a network of uniform and compatible computer-based 70,616
1568
information and instructional systems. The technical assistance 70,617
shall include, but not be restricted to, the development and 70,618
maintenance of adequate computer software systems to support 70,619
network activities. Program funds may be used, through a formula 70,620
and guidelines devised by the department, to subsidize the 70,621
activities of not more than twenty-four designated data 70,622
acquisition sites, as defined by State Board of Education rules, 70,623
to provide to school districts and chartered nonpublic schools 70,624
computer-based student and teacher instructional and 70,626
administrative information services, including approved 70,627
computerized financial accounting, and to provide adequate 70,628
services to member districts to assure the effective operation of 70,629
local automated administrative systems used for the management 70,630
information system.
In order to broaden the scope of the use of technology for 70,632
education, the department may use up to $250,000 each fiscal year 70,633
of these funds to coordinate the activities of the computer 70,635
network with other agencies funded by the department or the state 70,636
of Ohio. In order to improve the efficiency of network 70,637
activities, the department and data acquisition sites may jointly 70,638
purchase equipment, materials, and services from funds provided 70,639
under this appropriation for use by the network and, when 70,640
considered practical by the department, may utilize the services 70,641
of appropriate state purchasing agencies. 70,642
Of the foregoing appropriation item 200-426, Ohio 70,644
Educational Computer Network, up to $5,637,000 in fiscal year 70,645
1998 and $5,637,000 in fiscal year 1999 shall be used by the 70,646
Department of Education to support connections of all public 70,647
school buildings to the Ohio Educational Computer Network. In
each fiscal year the Department of Education shall use these 70,648
funds to help reimburse data acquisition sites or school 70,649
districts for the operational costs associated with using the 70,650
Ohio Educational Computer Network. The Department of Education 70,651
shall develop a formula and guidelines for the distribution of
1569
these funds to the data acquisition sites or individual school 70,652
districts.
For each year of the biennium the Department of Education 70,654
shall use up to $250,000 to continue to manage and develop the 70,655
statewide union catalog and InfOhio Network of library resources 70,656
that will be accessible to all school districts through the Ohio 70,657
Educational Computer Network, and up to $180,000 each year to 70,658
develop and implement software to interface with the InfOhio
union catalog and other electronic library systems to provide 70,659
access for public school library media centers to the union 70,660
catalog.
In each fiscal year the Department of Education shall use 70,662
up to $180,000 to defray the costs associated with leasing 70,663
additional telecommunications capacity needed to connect 70,665
non-public schools to the Ohio Educational Computer Network.
In each fiscal year the Department of Education shall use 70,667
up to $1,809,665 in fiscal year 1998 and up to $1,854,906 in 70,668
fiscal year 1999 to assist designated data acquisition sites for 70,669
operational costs associated with the increased use of the system 70,670
by chartered non-public schools. The Department of Education
shall develop a formula and guidelines for distribution of these 70,672
funds to designated data acquisition sites.
Local Professional Development Block Grants 70,674
Of the foregoing appropriation line item 200-429, Local 70,676
Professional Development Block Grants, $500,000 in each fiscal 70,677
year shall be used to provide grants of not more than $100,000 70,678
annually to educational service centers or groups of at least 70,679
three school districts to establish or enhance alternative 70,680
disciplinary schools located near, but not in, urban cities.
Such pilot programs shall encourage collaborative relationships 70,681
with juvenile courts and other agencies to develop effective 70,682
teaching and learning programs.
Of the foregoing appropriation item 200-429, Local 70,684
Professional Development Block Grants, up to $900,000 in fiscal 70,685
1570
year 1998 and up to $1,800,000 in fiscal year 1999 shall be used 70,686
by the Department of Education in cooperation with the Regional 70,687
Professional Development Centers to train mentor teachers and 70,688
provide stipends of $1,500 per year to each mentor teacher to
assist in the professional development of beginning teachers. 70,689
Of the foregoing appropriation item 200-429, Local 70,691
Professional Development Block Grants, up to $500,000 in fiscal 70,692
year 1998 and up to $1,000,000 in fiscal year 1999 shall be used 70,693
by the Department of Education in cooperation with the Regional 70,694
Professional Development Centers to train teacher assessors and 70,695
provide stipends of $2,500 per year to each teacher assessor to
assist in the evaluation of the classroom performance of 70,696
beginning teachers.
Of the foregoing appropriation item 200-429, Local 70,698
Professional Development Block Grants, $200,000 in each fiscal 70,699
year shall be provided to the Stark County Schools Teacher 70,700
Technical Training Center.
The remainder of the appropriation shall be distributed on 70,702
a per teacher basis to all school districts and joint vocational 70,704
school districts for locally developed teacher training and
professional development and for the establishment of local 70,705
professional development committees. School districts and joint 70,706
vocational school districts shall not be precluded from using 70,707
these funds for cooperative activities on a county or regional 70,708
basis.
School Improvement Models 70,710
The foregoing appropriation item 200-431, School 70,712
Improvement Models, shall be used by the Department of Education 70,713
to continue to support the creation of a statewide network of 70,714
school improvement sites by providing competitive venture capital 70,715
grants to schools that demonstrate the capacity to invent or 70,716
adapt school improvement models. The department shall showcase 70,717
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 70,718
1571
administrators and teachers outside the district can benefit from 70,720
the knowledge gained at these sites.
Up to $250,000 in each fiscal year shall be used by the 70,722
Department of Education for personal services and maintenance 70,723
costs necessary to administer the grants. 70,724
Of the foregoing appropriation item, 200-431, School 70,726
Improvement Models, $500,000 in fiscal year 1998 and $500,000 in 70,727
fiscal year 1999 shall be used to conduct performance audits of 70,729
each of the 21 urban school districts, as defined by section
3317.02 of the Revised Code. The Auditor of State will conduct 70,730
the performance audits to review any programs or areas of 70,731
operation where the Auditor believes greater operational 70,732
efficiencies or enhanced program results can be achieved. Of the 70,733
appropriation for fiscal year 1998, funds may be carried over to
fiscal year 1999 as needed to coincide with audit billings. 70,734
The State Superintendent of Public Instruction shall, at 70,736
least annually, assess individual school district responses to 70,737
such performance audits. These assessments shall be compiled 70,738
into a report to the Speaker of the Ohio House of 70,739
Representatives, the President of the Ohio Senate, and the chairs
and ranking minority members of the House and Senate committees 70,740
on Education and Finance. 70,741
Of the foregoing appropriation item 200-431, School 70,743
Improvement Models, $200,000 in each fiscal year shall be 70,744
distributed to the Toledo International Language Center. 70,745
Of the foregoing appropriation item 200-431, School 70,747
Improvement Models, $250,000 in each fiscal year shall be used by 70,748
the Southern Ohio Appalachian Initiative to provide one-time 70,749
grants to establish benchmark data on current performance, to 70,750
develop plans for achieving the benchmarks, and to improve the
Appalachian school districts' performances against the 70,751
benchmarks.
School Conflict Management 70,753
Of the foregoing appropriation item 200-432, School 70,755
1572
Conflict Management, the amounts shall be used by the Department 70,756
of Education for the purpose of providing dispute resolution and 70,757
conflict management training, consultation and materials for 70,758
school districts, and for the purpose of providing competitive 70,759
school conflict management grants to school districts. 70,760
The Department of Education shall assist the Commission on 70,762
Dispute Resolution in the development and dissemination of the 70,763
school conflict management program. 70,764
Student Proficiency 70,766
The foregoing appropriation item 200-437, Student 70,768
Proficiency, shall be used to develop, field test, print, 70,769
distribute, score, and report results from the tests required 70,770
under sections 3301.0710 and 3301.0711 of the Revised Code and 70,772
for similar purposes as required by section 3301.27 of the 70,773
Revised Code.
American Sign Language 70,775
Of the foregoing appropriation item 200-441, American Sign 70,777
Language, up to $150,000 in each fiscal year of the biennium 70,778
shall be used to implement pilot projects in Manual English and 70,779
to develop ways of including American Sign Language in the ninth- 70,780
through twelfth-grade curriculum. 70,781
The remainder of the appropriation shall be used by the 70,783
Department of Education to provide supervision and consultation 70,784
to school districts in dealing with parents of handicapped 70,785
children who are deaf or hard of hearing, in integrating American 70,786
Sign Language as a foreign language, and in obtaining 70,787
interpreters and improving their skills. 70,788
Child Care Licensing 70,790
The foregoing appropriation item 200-442, Child Care 70,792
Licensing, shall be used by the Department of Education to 70,793
license and to inspect preschool and school-age child care 70,794
programs in accordance with sections 3301.52 to 3301.59 of the 70,795
Revised Code.
Education Management Information System 70,797
1573
The foregoing appropriation item 200-446, Education 70,799
Management Information System, shall be used to provide school 70,800
districts with the means to implement local automated information 70,801
systems, and to implement, develop, and improve the Education 70,802
Management Information System (EMIS). 70,803
Up to $822,706 in fiscal year 1998 and $843,274 in fiscal 70,805
year 1999 shall be used by the Department of Education for 70,806
hardware, personnel, equipment, staff development, software, and 70,807
forms modification, as well as to support EMIS special report 70,808
activities in the department that are designed to use the data 70,809
collected by the system. 70,810
Up to $2,714,234 in fiscal year 1998 and $2,782,090 in 70,812
fiscal year 1999 shall be distributed to designated data 70,813
acquisition sites for costs relating to the processing, storing, 70,814
and transfer of data for the effective operation of the EMIS. 70,816
These costs may include, but are not limited to, personnel, 70,817
hardware, software development, communications connectivity, 70,818
professional development and support services, and to provide 70,819
services to participate in the State Education Technology Plan 70,820
pursuant to section 3301.07 of the Revised Code.
Up to $6,023,718 in fiscal year 1998 and $6,174,310 in 70,822
fiscal year 1999 shall be distributed to school districts and 70,823
joint vocational school districts on a per-pupil basis. From 70,824
this money, each school district with enrollment greater than 100 70,825
students and each vocational school district shall receive a 70,826
minimum of $5,000 for each year of the biennium. Each school 70,827
district with enrollment between one and one hundred and each 70,828
county office of education shall receive $3,000 for each year of 70,829
the biennium. This money shall be used for costs associated with 70,830
the development and operation of local automated record based 70,831
information systems that provide data as required by the 70,832
management information system, and facilitate local district, 70,833
school, and classroom management activities. 70,834
Of the foregoing appropriation item 200-446, Education 70,836
1574
Management Information System, up to $2,500,000 in fiscal year 70,837
1998 and up to $500,000 in fiscal year 1999 shall be used by the 70,838
Department of Education to procure or develop a common EMIS 70,839
software. School districts and data acquisition sites shall use
the common EMIS software unless the department determines that in 70,840
a particular case local legacy software is completely compatible, 70,841
performs tasks required for EMIS, and does not contain year 2000 70,842
problems.
GED Testing/Adult High School 70,844
The foregoing appropriation item 200-447, GED Testing/Adult 70,846
High School, shall be used to provide General Educational 70,847
Development (GED) testing at no cost to first time applicants, 70,848
pursuant to rules adopted by the State Board of Education. Of 70,849
the foregoing appropriation item 200-477, GED/Adult High School, 70,850
up to $250,000 in each fiscal year shall be used by the 70,851
department to reimburse local shool districts for a portion of 70,852
the costs incurred in providing summer instructional or
intervention services to students who have not graduated due to 70,853
their inability to pass one or more parts of the state's ninth 70,854
grade proficiency test. School districts may provide these 70,855
services to students directly or contract with post-secondary or 70,856
nonprofit community-based institutions in providing instruction. 70,857
The remainder of the appropriation shall be used for state 70,858
reimbursement to school districts for adult high school
continuing education programs pursuant to section 3313.531 of the 70,859
Revised Code or for costs associated with awarding adult high 70,860
school diplomas under section 3313.611 of the Revised Code. 70,861
Section 49.05. School Finance Equity 70,863
The foregoing appropriation item 200-500, School Finance 70,865
Equity, shall be distributed to school districts based on the 70,866
formula specified in section 3317.0213 of the Revised Code. 70,867
Section 49.06. School Foundation Basic Allowance 70,869
Of the foregoing appropriation item 200-501, School 70,871
Foundation Basic Allowance, up to $6,000,000 in each year of the 70,872
1575
biennium shall be expended by the State Board of Education for 70,873
the extended service allowance which shall be the teachers' 70,874
salaries pursuant to the schedule contained in section 3317.13 of 70,875
the Revised Code, plus fifteen per cent for retirement and sick 70,876
leave; up to $425,000 shall be expended in each year of the 70,878
biennium for court payments pursuant to section 2151.357 of the 70,879
Revised Code; up to $150,000 in each year of the biennium shall 70,880
be expended pursuant to section 3313.64 of the Revised Code; the 70,881
Superintendent of Public Instruction shall expend in each year of 70,882
the biennium the amount necessary for the purpose of making 70,883
payments for the vocational education pupil recomputation 70,884
pursuant to division (M) of section 3317.024 of the Revised Code 70,885
and the provisions under the section headed "Vocational Education
Pupil Recomputation" in this act and the special education pupil 70,886
recomputation pursuant to division (I) of section 3317.023 of the 70,887
Revised Code; up to $100,000 shall be expended in each year of 70,888
the biennium for supplemental payments pursuant to the section 70,889
headed "Supplemental Payment" of this act; an amount shall be 70,890
available each year of the biennium for the cost of the 70,891
reappraisal guarantee pursuant to section 3317.04 of the Revised 70,892
Code; up to $4,000,000 in each year of the biennium shall be 70,893
reserved for payments pursuant to sections 3317.026, 3317.027, 70,894
and 3317.028 of the Revised Code; up to $2,000,000 in each year 70,895
of the biennium shall be reserved for Youth Services tuition 70,896
payments pursuant to division (F) of section 3317.024 of the 70,897
Revised Code, up to $1,300,000 in fiscal year 1998 and $1,300,000 70,898
in fiscal year 1999 for small district aid; $500,000 shall be 70,900
transferred each year by the Director of Budget and Management to 70,901
appropriation item 200-422, School Management Assistance, to help 70,902
the Department of Education administer, monitor, and implement
the fiscal emergency and fiscal watch provisions under Chapter 70,903
3316. of the Revised Code. Up to $43,290,000 in fiscal year 1998 70,904
and up to $45,995,608 in fiscal year 1999 shall be reserved to 70,905
fund the state reimbursement of educational service centers 70,906
1576
pursuant to section 3317.11 of the Revised Code; and up to 70,907
$1,200,000 in fiscal year 1998 shall be used by the 70,908
Superintendent of Public Instruction to make incentive payments 70,909
in any amounts the superintendent deems necessary to joint 70,910
educational service centers established pursuant to section 70,911
3311.053 of the Revised Code. These supplemental payments may be 70,912
made in fiscal year 1998 to defray the direct or indirect 70,913
expenses of dissolving participating educational service centers.
Each joint educational service center seeking a supplemental 70,914
payment in fiscal year 1998 shall submit to the Superintendent of 70,915
Public Instruction any documents and information that the 70,916
Superintendent may require no later than December 31, 1997. 70,917
Of the foregoing appropriation item, 200-501, School 70,919
Foundation Basic Allowance, up to $1,000,000 in each fiscal year 70,920
shall be used by the Department of Education for a pilot program 70,921
to pay for educational services for youth who have been assigned 70,922
by a juvenile court or other authorized agency to any of the 70,923
facilities described in division (A) of the section titled 70,924
"Private Treatment Facility Pilot Project." 70,925
The remaining portion of this appropriation item shall be 70,927
expended for basic state aid for the public schools of city, 70,928
local, and exempted village school districts. 70,929
Section 49.07. Potential Value Recomputation 70,931
The recalculation described in division (B) of this section 70,933
shall be made prior to any expenditure by the superintendent for 70,935
the purpose of making payments for the vocational education pupil 70,937
recomputation pursuant to the section headed "Vocational 70,938
Education Pupil Recomputation" in Am. Sub. H.B. 117 of the 121st
General Assembly and for the special education pupil 70,939
recomputation pursuant to division (I) of section 3317.023 of the 70,940
Revised Code.
(A) Notwithstanding division (B) of section 3317.022 of 70,942
the Revised Code as amended by this act, in each year of the 70,943
biennium the Department of Education shall first calculate all 70,944
1577
state basic aid payments to school districts required under 70,945
Chapter 3317. of the Revised Code and other sections of this act 70,946
under which payments are made from appropriation items 200-501, 70,947
School Foundation Basic Allowance, and 200-670, School Foundation 70,948
Basic Allowance, as if such division had not been enacted. Such 70,949
calculated amounts shall be paid to school districts in 70,950
accordance with section 3317.01 of the Revised Code. 70,951
(B) After the calculation required by division (A) of this 70,953
heading, the department shall recalculate all state basic aid 70,954
payments to school districts required under Chapter 3317. of the 70,955
Revised Code and other sections of this act, utilizing in such 70,956
recalculation the provisions of division (B) of section 3317.022 70,957
of the Revised Code. From the additional available money, the 70,959
department shall pay each district an amount equal to the 70,960
difference between its calculated amount of basic aid under
division (A) of this heading and its recalculated amount under 70,961
this division. If there is not enough additional money to pay 70,962
such amounts to all school districts, the department shall pay 70,963
each district a percentage of such amount equal to the percentage 70,964
the total amount of additional available money represents of the 70,965
total amount of money that would be necessary to make the 70,966
payments prescribed under this division to all districts. 70,967
Section 49.08. Pupil Transportation 70,969
Of the foregoing appropriation item 200-502, Pupil 70,971
Transportation, up to $680,000 may be used by the Department of 70,972
Education each year for training prospective and experienced 70,973
school bus drivers in accordance with training programs 70,974
prescribed by the department; up to $63,500 of the item shall be 70,975
used each fiscal year for school bus rider safety programs 70,976
pursuant to sections 3327.16 and 5126.061 of the Revised Code; 70,978
and up to $25,725,000 in fiscal year 1998 and $27,010,000 in 70,979
fiscal year 1999 shall be used for handicapped transportation; 70,980
and the remainder shall be used for the state reimbursement of 70,981
public school districts' costs in transporting pupils to and from 70,982
1578
the school to which they attend in accordance with the district's 70,983
policy, State Board of Education standards, and the Revised Code. 70,984
Bus Purchase Allowance 70,986
The foregoing appropriation item 200-503, Bus Purchase 70,988
Allowance, shall be distributed to school districts and 70,989
educational service centers pursuant to rules adopted under 70,991
section 3317.07 of the Revised Code. Up to 25 per cent of the 70,992
amount appropriated may be used to reimburse school districts and 70,993
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 70,995
Special Education 70,997
The foregoing appropriation item 200-504, Special 70,999
Education, shall be used for special education; up to $22,000,000 71,000
in each fiscal year shall be used for home instruction and 71,001
special instructional services for handicapped children; up to 71,002
$2,000,000 may be used in each fiscal year for occupational and 71,003
physical therapy contract services, including services provided 71,004
by physical therapy assistants and certified occupational therapy 71,005
assistants; up to $1,000,000 in fiscal year 1998 and up to 71,006
$1,150,000 in fiscal year 1999 shall be used for parent mentoring 71,008
programs; and the remaining portion of this appropriation item
shall be used for special education units not to exceed 13,934 in 71,009
each fiscal year. In approving new units, to the extent 71,010
possible, priority shall be given to school districts with low 71,011
adjusted valuations per pupil as that term is defined in section 71,012
3317.0213 of the Revised Code. The number of special education 71,013
units that are allocated to institutions shall not exceed 320 71,015
units in each year of the biennium. Of the foregoing 71,016
appropriation item, $100,000 shall be expended each year of the 71,017
biennium for teacher training. The Controlling Board may approve 71,018
the use of unallocated funds in line item 200-504 to fully fund 71,019
home instruction, special instructional services for handicapped 71,020
children, and occupational and physical therapy services as
defined by Rule 3301-51-06 of the Ohio Administrative Code. 71,022
1579
Notwithstanding the prohibition in section 3317.05 of the 71,024
Revised Code that the State Board of Education annually approve 71,025
for school districts, educational service centers, institutions, 71,026
and county MR/DD boards no more than the number of special 71,028
education units for which it determines appropriations have been 71,029
made and notwithstanding the amounts required to be annually paid 71,030
to school districts, educational service centers, institutions, 71,031
and county MR/DD boards for approved special education units 71,032
under divisions (N) and (O)(1) of section 3317.024 and division 71,033
(B) of section 3317.16 of the Revised Code, if the foregoing 71,034
appropriation item is not sufficient to fund 13,934 special
education units in each fiscal year in accordance with divisions 71,036
(N) and (O)(1) of section 3317.024 and division (B) of section 71,037
3317.16 of the Revised Code, the State Board of Education may 71,038
approve up to 13,934 special education units in each fiscal year, 71,039
in lieu of the amounts required to be paid for approved units 71,040
under divisions (N) and (O)(1) of section 3317.024 and division 71,041
(B) of section 3317.16 of the Revised Code, shall proportionately 71,042
reduce those amounts so that the total amount the State Board 71,043
pays to school districts, educational service centers, 71,044
institutions, and county MR/DD boards for all approved units does 71,046
not exceed the amount of funds available in the foregoing 71,047
appropriation item for such units. During the course of each 71,048
fiscal year, the State Board may alter its determination of any 71,049
reduction under this section for that fiscal year. 71,050
Notwithstanding section 3317.03 of the Revised Code, 71,052
special education units may be funded on a pro rata basis for 71,053
those students in average daily membership in approved special 71,054
education classes for the first full school week during the month 71,055
of February. 71,056
School Lunch 71,058
The foregoing appropriation item 200-505, School Lunch 71,060
Match, shall be used to provide matching funds to obtain federal 71,061
funds for the school lunch program. 71,062
1580
Section 49.09. Vocational Education 71,064
The foregoing appropriation item 200-507, Vocational 71,066
Education, shall be used for vocational education units not to 71,067
exceed 7,141 in each fiscal year. Up to $6,695,000 in fiscal 71,068
year 1998 and $7,500,000 in fiscal year 1999 may be used for 71,070
nonvocational units necessary for graduation pursuant to section 71,071
3317.16 of the Revised Code, up to $6,210,000 in fiscal year 1998 71,072
and $6,500,000 in fiscal year 1999 shall be used for joint 71,073
vocational school equalization pursuant to section 3317.16 of the 71,074
Revised Code, up to $300,000 shall be distributed to the Toledo 71,075
Technology Academy each fiscal year, up to $9,000,000 in fiscal 71,076
year 1998 and up to $10,000,000 in fiscal year 1999 shall be used 71,078
to fund the Jobs for Ohio Graduates (JOG) program, up to 71,080
$2,100,000 in fiscal year 1998 and $2,205,000 in fiscal year 1999 71,081
may be used to support tech prep consortia, and up to $7,031,208 71,082
in fiscal year 1998 and $7,193,118 in fiscal year 1999 shall be 71,083
used to fund the Graduation, Reality, and Dual Role Skills 71,084
(GRADS) program. 71,085
Funds for nonvocational units necessary for graduation 71,087
shall be distributed according to rules adopted by the State 71,088
Board of Education. If federal funds for vocational education 71,089
cannot be used for local school district leadership in either 71,090
year under division (M) of section 3317.024 of the Revised Code 71,091
or division (B) of section 3317.16 of the Revised Code, without 71,092
being matched by state funds, then an amount as determined by the 71,093
Superintendent of Public Instruction shall be made available from 71,094
state funds appropriated for vocational education. If any state 71,095
funds are used for this purpose, federal funds in an equal amount 71,096
shall be distributed for vocational education units funded 71,097
pursuant to division (M) of section 3317.024 or division (B) of 71,098
section 3317.16 of the Revised Code in accordance with 71,099
authorization of the state plan for vocational education for Ohio 71,100
as approved by the Secretary of the United States Department of 71,101
Education. 71,102
1581
Notwithstanding the prohibition in section 3317.05 of the 71,104
Revised Code that the State Board of Education annually approve 71,105
for school districts, educational service centers, and 71,106
institutions no more than the number of vocational education 71,108
units for which it determines appropriations have been made and 71,109
notwithstanding the amounts required to be annually paid to 71,110
school districts, educational service centers, and institutions 71,111
for approved vocational education units under division (M) of 71,112
section 3317.024 and division (B) of section 3317.16 of the 71,113
Revised Code, if the foregoing appropriation item is not 71,114
sufficient to fund 7,141 vocational education units in fiscal 71,115
year 1998 and 7,141 vocational units in fiscal year 1999 in 71,116
accordance with division (M) of section 3317.024 and division (B) 71,117
of section 3317.16 of the Revised Code, the State Board of 71,118
Education may approve up to 7,141 vocational education units in 71,119
fiscal year 1998 and 7,141 vocational education units in fiscal 71,120
year 1999 and, in lieu of the amounts required to be paid for 71,122
approved units under division (M) of section 3317.024 and 71,123
division (B) of section 3317.16 of the Revised Code, shall 71,124
proportionately reduce those amounts so that the total amount the 71,125
State Board pays to school districts, educational service
centers, and institutions for all approved units does not exceed 71,127
the amount of funds available in the foregoing appropriation item 71,128
for such units. During the course of each fiscal year, the State 71,129
Board may alter its determination of any reduction under this 71,130
section for that fiscal year. 71,131
Of the foregoing appropriation item 200-507, Vocational 71,133
Education, up to $500,000 in each fiscal year shall be used by 71,134
the Department of Education to establish an employer student 71,135
apprenticeship training program for high school students in 71,136
grades 11 and 12. Rules, procedures, and regulations for the
employer student apprenticeship program will be developed by the 71,137
School-to-Work office in the Ohio Bureau of Employment Services. 71,138
The Legislative Office of Education Oversight shall study 71,140
1582
the various programs designed to serve at-risk high school 71,141
students. Differences and possible overlaps of purposes, goals, 71,142
objectives and strategies among such programs as Jobs for Ohio 71,143
Graduates (JOGS), Graduation, Reality, and Dual Role Skills 71,144
(GRADS), Occupational Work Experience (OWE), Occupational Work 71,145
Adjustment (OWA) will be identified. 71,146
Of the foregoing appropriation item 200-507, Vocational 71,148
Education, $100,000 in fiscal year 1998 shall be used for the 71,149
Cuyahoga County Vocational Apprenticeship Program, which provides 71,150
funding for training in the building trades of eligible residents 71,151
of the City of Cleveland. The program utilizes new housing 71,152
development and rehabilitation programs of four nonprofit
neighborhood development corporations as the focus of the skills 71,153
training apprenticeship program. The four neighborhood 71,154
development corporations participating in the program are the 71,155
Glenville Development Corporation, Northeastern Neighborhood 71,156
Development Corporation, Bell, Burton, and Carr Development 71,157
Corporation, and the Buckeye Area Development Corporation.
Adult Literacy Education 71,159
The foregoing appropriation item 200-509, Adult Literacy 71,161
Education, shall be used to support Adult Basic and Literacy 71,162
Education instructional programs, the State Literacy Resource 71,163
Center program, and the State Advisory Council on Adult Education 71,164
and Literacy. 71,165
Of the foregoing appropriation item, up to $410,000 in 71,167
fiscal year 1998 and $512,500 in fiscal year 1999 shall be used 71,168
to satisfy state match requirements for the support and operation 71,169
of the State Literacy Resource Center and the State Advisory 71,170
Council on Adult Education and Literacy. 71,171
Of the foregoing appropriation item 200-509, Adult Literacy 71,174
Education, up to $50,000 in each fiscal year shall be used to 71,175
provide funds to literacy councils that have not previously 71,176
received funding. Each of these councils, in order to receive 71,177
funds, shall have its plan of service approved by the local 71,178
1583
Family and Children First council.
The remainder shall be used to continue to satisfy the 71,180
state match requirement for the support and operation of the Ohio 71,181
Department of Education administered instructional grant program 71,182
for Adult Basic and Literacy Education in accordance with the 71,183
department's state plan for Adult Basic and Literacy Education as 71,184
approved by the State Board of Education and the Secretary of the 71,185
United States Department of Education. 71,186
Auxiliary Services 71,188
The foregoing appropriation item 200-511, Auxiliary 71,190
Services, shall be used by the State Board of Education for the 71,191
purpose of implementing section 3317.06 of the Revised Code. Of 71,192
the appropriation, up to $1,000,000 in each fiscal year of the 71,193
biennium may be used for payment of the Post-Secondary Enrollment 71,194
Options Program for nonpublic students pursuant to section 71,195
3365.10 of the Revised Code. 71,196
Driver Education 71,198
The foregoing appropriation item 200-512, Driver Education, 71,200
shall be used by the State Board of Education for subsidizing 71,201
driver education courses for which the State Board of Education 71,202
prescribes minimum standards pursuant to section 3301.07 of the 71,203
Revised Code and courses for students released by high school 71,204
principals to attend commercial driver training schools licensed 71,205
under Chapter 4508. of the Revised Code. 71,206
Post-Secondary/Adult Vocational Education 71,208
The foregoing appropriation item 200-514, 71,210
Post-Secondary/Adult Vocational Education, shall be used by the 71,211
State Board of Education to provide post-secondary/adult 71,212
vocational education pursuant to sections 3313.52 and 3313.53 of 71,213
the Revised Code. 71,214
Of the foregoing appropriation item 200-514, up to $500,000 71,216
in each fiscal year shall be allocated for the Ohio Career 71,217
Information System (OCIS) and used for the dissemination of 71,218
career information data to public schools, libraries, 71,220
1584
rehabilitation centers, two- and four-year colleges and 71,221
universities, and other governmental units. 71,222
Of the foregoing appropriation item 200-514, 71,224
Post-Secondary/Adult Vocational Education, up to $30,000 in each 71,225
fiscal year shall be used for the statewide coordination of the 71,226
activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid 71,228
The foregoing appropriation item 200-520, Disadvantaged 71,230
Pupil Impact Aid, shall be distributed to school districts in 71,231
each fiscal year pursuant to the formula established by division 71,232
(B) of section 3317.023 of the Revised Code. 71,233
Annually, $1,450,000 shall be used by the Department of 71,235
Education to provide state matching funds to implement the 71,236
federal building based Effective School Program. 71,237
Of the foregoing appropriation item 200-520, Disadvantaged 71,239
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 71,240
shall be used for school breakfast programs. Of the $3,000,000, 71,241
$500,000 shall be used each year by the Department of Education 71,242
to provide start-up grants to rural school districts that start 71,243
school breakfast programs. The remainder of the $3,000,000 shall 71,244
be used to: (1) partially reimburse school buildings within 71,245
school districts that are required to have a school breakfast 71,246
program pursuant to section 3313.813 of the Revised Code, at a 71,247
rate decided upon by the department, for each breakfast served to 71,248
any pupil enrolled in the district; (2) partially reimburse 71,249
districts participating in the National School Lunch Program that 71,250
have at least 20 per cent of students who are eligible for free 71,251
and reduced meals according to federal standards, at a rate 71,252
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 71,254
breakfast served to children eligible for free and reduced meals 71,255
enrolled in the district, at a rate decided upon by the 71,256
department.
Of the funds distributed to the Cleveland City School 71,258
1585
District under division (B) of section 3317.023 of the Revised 71,259
Code, up to $7,100,000 in fiscal year 1998 and $8,700,000 in 71,260
fiscal year 1999 shall be used to operate a pilot school choice 71,262
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 71,263
Of the foregoing appropriation item 200-520, Disadvantaged 71,265
Pupil Impact Aid, $3,850,000 in fiscal year 1998 and $8,750,000 71,266
in fiscal year 1999 shall be used for competitive discipline 71,267
intervention grants for the 21 urban school districts as defined 71,268
in division (H) of section 3317.02 of the Revised Code. The 71,269
grants shall be administered by the Ohio Department of Education 71,270
and designed to reduce problems with student attendance, truancy, 71,271
dropouts, and discipline.
Of the foregoing appropriation item 200-520, Disadvantaged 71,273
Pupil Impact Aid, $150,000 in fiscal year 1998 and $250,000 in 71,274
fiscal year 1999 shall be distributed to the Franklin County 71,275
Educational Council to provide a cross district alternative 71,276
learning environment for students with alternative learning 71,277
requirements, in collaboration with member districts and
community services. 71,278
Of the foregoing appropriation item 200-520, Disadvantaged 71,280
Pupil Impact Aid, $900,000 each year shall be used to support 71,281
dropout recovery programs administered by the Ohio Department of 71,282
Education, Jobs for Ohio's Graduates program. 71,283
Of the foregoing appropriation item 200-520, Disadvantaged 71,285
Pupil Impact Aid, up to $1,000,000 in each year of the biennium 71,286
shall be used to fund grants to improve reading performance, 71,287
using programs such as Failure Free Reading, Slavin's Success for 71,288
All, and other programs that have a demonstrated record of 71,289
improving reading comprehension. The grants shall be made by the
Department of Education to 20 schools in which at least 50 per 71,290
cent of fourth grade students failed to pass at least four parts 71,291
of the fourth grade proficiency test. The grants shall be made 71,292
in the amount of $50,000 for each school. 71,293
1586
Of the foregoing appropriation item 200-520, Disadvantaged 71,295
Pupil Impact Aid, the Department shall distribute $75,000 in each 71,296
fiscal year to the Collinwood Community Center to continue 71,297
outreach work on the Parents' Pledge of Responsibility in the 71,298
Cleveland City School District. This distribution shall come 71,299
from the Cleveland City School District's Disadvantaged Pupil 71,300
Impact Aid. 71,301
Section 49.10. Gifted Pupil Program 71,303
The foregoing appropriation item 200-521, Gifted Pupil 71,305
Program, shall be used for gifted education units not to exceed 71,306
927 in fiscal year 1998 and 950 in fiscal year 1999. Up to 71,307
$70,000 per year shall be used for the operation and support of 71,309
the Ohio Summer School for the Gifted. Up to $600,000 per year 71,310
shall be used for research and demonstration projects. 71,311
Notwithstanding the prohibition in section 3317.05 of the 71,313
Revised Code that the State Board of Education annually approve 71,314
for school districts and educational service centers no more than 71,315
the number of gifted education units for which it determines 71,317
appropriations have been made and notwithstanding the amounts 71,318
required to be annually paid to school districts and educational 71,319
service centers for approved gifted education units under 71,320
division (O)(2) of section 3317.024 of the Revised Code, if the 71,321
foregoing appropriation item is not sufficient to fund the 71,322
maximum allowable number of funded gifted education units in each 71,324
fiscal year of the biennium in accordance with division (O)(2) of 71,325
section 3317.024 of the Revised Code, the State Board of 71,326
Education may approve up to the maximum allowable number of 71,327
funded gifted education units in each fiscal year of the biennium 71,328
and, in lieu of the amounts required to be paid for approved 71,329
units under division (O)(2) of section 3317.024 of the Revised 71,330
Code, shall proportionately reduce those amounts so that the 71,331
total amount the State Board and educational service centers pays 71,332
to school districts for all approved units does not exceed the 71,334
amount of funds available in the foregoing appropriation item for 71,335
1587
such units. During the course of each fiscal year, the State 71,336
Board may alter its determination of any reduction under this 71,337
section for that fiscal year.
Of the foregoing appropriation item 200-521, Gifted Pupil 71,339
Program, the Department of Education shall be authorized to 71,340
expend up to $1,000,000 each year for the Summer Honors Institute 71,341
for gifted freshmen and sophomore high school students. 71,342
Of the foregoing appropriation item 200-521, Gifted Pupil 71,344
Program, up to $200,000 each year shall be used for the W.E.B. 71,346
DuBois Talented Tenth Teacher Training Academy. The program will 71,347
provide a summer honors program to promising minority students 71,348
identified by their school districts as potential future 71,349
teachers, pursuant to section 3313.608 of the Revised Code. 71,350
Section 49.11. Supplemental Unit Allowance 71,352
(A) As used under this heading: 71,354
(1) "Basic aid" has the same meaning as in division (A)(1) 71,356
of section 3317.0212 of the Revised Code. 71,357
(2) "Adjusted formula amount" has the same meaning as in 71,359
division (A)(6) of section 3313.98 of the Revised Code. 71,360
(3) "ADM" has the same meaning as in section 3317.02 of 71,362
the Revised Code. 71,363
(4) "Per pupil basic aid" means a district's basic aid 71,365
divided by its ADM. 71,366
(5) "Dollar amount" means the amount shown in the 71,368
following table for the corresponding type of unit and the 71,369
appropriate fiscal year: 71,370
TYPE OF UNIT DOLLAR AMOUNT 71,372
FY 1998 FY 1999 71,374
Division (M) of R.C. 3317.024 $5,345 $7,298 71,377
Division (N) of R.C. 3317.024 $5,702 $7,734 71,380
Division (O)(1) of R.C. 3317.024 $2,293 $2,934 71,383
Division (O)(2) of R.C. 3317.024 $2,523 $3,250 71,386
(6) "FY" means fiscal year. 71,389
(7) "Average unit amount" means the amount shown in the 71,391
1588
following table for the corresponding type of unit and the 71,392
appropriate fiscal year:
TYPE OF UNIT AVERAGE UNIT AMOUNT 71,394
FY 1998 FY 1999 71,396
Division (M) of R.C. 3317.024 $4,937 $6,627 71,399
Division (N) of R.C. 3317.024 $5,360 $7,199 71,402
Division (O)(1) of R.C. 3317.024 $2,129 $2,666 71,405
Division (O)(2) of R.C. 3317.024 $2,343 $2,951 71,408
(B) In the case of each unit described in division 71,411
(M),(N), or (O) of section 3317.024 of the Revised Code and 71,412
allocated to a city, local, or exempted village school district, 71,413
the Department of Education, in addition to the amounts specified 71,414
in such divisions, shall pay a supplemental unit allowance equal 71,415
to the sum of the following amounts: 71,416
(1) An amount equal to 50% of the average unit amount for 71,418
the unit;
(2) An amount equal to the percentage of the dollar amount 71,420
for the unit that is obtained by dividing the district's basic 71,422
aid per pupil by its adjusted formula amount. 71,423
If, prior to the fifteenth day of May of a fiscal year, a 71,425
school district's basic aid is recomputed pursuant to section 71,426
3317.027 or 3317.028 of the Revised Code, the department shall 71,427
also recompute the district's entitlement to payment under this 71,428
section utilizing a new basic aid per pupil amount under division
(B)(1) of this section. Such new basic aid per pupil amount 71,429
shall be determined using the district's recomputed basic aid 71,430
amount pursuant to section 3317.027 or 3317.028 of the Revised 71,431
Code. During the last six months of the fiscal year, the 71,432
department shall pay the district a sum equal to one-half of the 71,433
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 71,434
(C)(1) In the case of each unit described in division (M) 71,436
of section 3317.024 of the Revised Code that is allocated to any 71,437
entity other than a city, exempted village, or local school 71,438
1589
district, the Department, in addition to the amount specified in 71,439
such division and in section 3317.16 of the Revised Code, shall 71,440
pay a supplemental unit allowance of $3,321 in fiscal year 1998 71,441
and $4,861 in fiscal year 1999. 71,442
(2) In the case of each unit described in division (N) of 71,444
section 3317.024 of the Revised Code that is allocated to any 71,445
entity other than a city, exempted village, or local school 71,446
district, the Department, in addition to the amount specified in 71,447
such division and in section 3317.16 of the Revised Code, shall 71,448
pay a supplemental unit allowance of $3,542 in fiscal year 1998 71,449
and $5,277 in fiscal year 1999. 71,450
(3) In the case of each unit described in division (O)(1) 71,452
of section 3317.024 of the Revised Code and allocated to any 71,453
entity other than a city, exempted village, or local school 71,454
district, the Department, in addition to the amounts specified in 71,455
such division and in section 3317.16 of the Revised Code, shall 71,456
pay a supplemental unit allowance of $941 in fiscal year 1998 and 71,457
$1,401 in fiscal year 1999. 71,458
(4) In the case of each unit described in division (O)(2) 71,460
of section 3317.024 of the Revised Code and allocated to any 71,461
entity other than a city, exempted village, or local school 71,462
district, the Department, in addition to the amounts specified in 71,463
such division and in section 3317.16 of the Revised Code, shall
pay a supplemental unit allowance of $873 in fiscal year 1998 and 71,464
$1,406 in fiscal year 1999. 71,465
Section 49.12. Educational Excellence and Competency 71,467
Of the foregoing appropriation item 200-524, Educational 71,469
Excellence and Competency, up to $35,000 in each year of the 71,470
biennium shall be reserved for the Ohio Science Olympiad and up 71,471
to $35,000 in each year of the biennium shall be reserved for the 71,472
International Science and Engineering Fair. In each year of the 71,473
biennium, $250,000 shall be reserved for a Math and Science 71,474
Initiative to enhance math and science education for elementary 71,475
students in a county-wide collaborative. 71,476
1590
The Department of Education shall distribute $100,000 in 71,478
fiscal year 1998 and $150,000 in fiscal year 1999 to the 71,479
Christopher Project. The department shall distribute $120,000 in 71,480
each fiscal year to the Regional District/University Consortium 71,481
to Validate At-Risk Programs for Rural School Districts. The 71,482
Department shall distribute $75,000 in each fiscal year to the 71,483
Cincinnati Artworks Project. In fiscal year 1998, $100,000 shall 71,484
be used for the Fairborn Community Vision and $200,000 shall be
used for Ledgemont Education Excellency. In addition, the 71,485
department shall distribute $275,000 in each fiscal year to the 71,486
Summit County Technology Project. 71,487
In each fiscal year, $300,000 shall be used for a pilot 71,489
project for the integration and implementation of distance 71,490
learning, virtual reality, and computer technology to prepare 71,491
students for careers in industry. Of this amount, $65,000 in 71,492
each fiscal year shall be distributed to the Math, Science and 71,493
Industrial Technology Institute at Kent State University-Trumbull 71,494
Campus for purposes of this pilot project and $235,000 in each 71,495
fiscal year shall be distributed to the Trumbull County 71,496
Educational Service Center for the Industrial Technology Career 71,497
Academy pilot project. 71,498
Of the foregoing appropriation item 200-524, Educational 71,500
Excellence and Competency, $90,000 in fiscal year 1998 shall be 71,501
used for the Cleveland Language pilot program; and $20,000 in 71,502
fiscal year 1998 shall be used for the Columbus Language pilot 71,503
program.
Of the foregoing appropriation item 200-524, Educational 71,506
Excellence and Competency, $850,000 in fiscal year 1998 and 71,507
$850,000 in fiscal year 1999 shall be used to assist local school 71,508
districts in the implementation of financial literacy programs. 71,509
Financial literacy programs shall promote economic awareness and 71,510
provide students with financial basics such as earning, saving, 71,511
spending wisely, and planning for the future. In fiscal year 71,512
1998, each school district shall be eligible for one $1,000 grant 71,513
1591
per kindergarten through third grade classroom for implementation 71,514
of such programs. In fiscal year 1999, each school district 71,515
shall be eligible for one $1,000 grant per kindergarten through 71,516
sixth grade classroom for implementation of such programs. 71,517
Grants shall be awarded on a first-come, first-served basis. 71,518
The remainder of the appropriation shall be used by the 71,520
Department of Education to fund programs for at-risk students 71,521
each year as follows: 71,522
Earn and Learn $1,030,000 71,524
Trumbull County "Make Learning Fun" $75,000 71,525
LEAF $65,000 71,526
Coventry $25,000 71,527
Columbus Youth Corp $50,000 71,528
Montgomery County Summer Math program $215,000 71,529
Columbus City District's "I Know I Can" $645,000 71,530
Dayton-Montgomery County Scholarship 71,531
Program $645,000
Cleveland Scholarship $500,000 71,532
Cleveland Initiative for Education $360,000 71,533
Cincinnati Project Succeed Academy $100,000 71,534
Cincinnati Scholarship Foundation $645,000 71,535
Improved Solutions for Urban Systems 71,536
(ISUS) $100,000
Lorain County Access $150,000 71,537
Amer-I-Can $850,000 71,538
London Learns $100,000 71,539
Project Succeed $1,000,000 71,540
Greater Toledo School-To-Work 71,541
Consortium $100,000
For the Cleveland Initiative in Education program, the 71,543
grant shall support its mentoring and advocacy program. 71,544
Of the foregoing appropriation item 200-524, Educational 71,546
Excellence and Competency, $83,000 in fiscal year 1998 shall be 71,547
used for the Shaker Heights Educational Mobility program. 71,548
1592
Each program or entity that receives funds under the 71,550
foregoing appropriation item 200-524, Educational Excellence and 71,552
Competency, shall submit annually to the chairpersons of the 71,553
education committees of the House of Representatives and the 71,554
Senate and to the Department of Education a report that includes 71,555
a description of the services supported by the funds, a 71,556
description of the results achieved by those services, an 71,557
analysis of the effectiveness of the program, and an opinion as 71,558
to the program's applicability to other school districts. No 71,559
funds shall be provided by the Department of Education to a 71,560
district for the fiscal year 1999 until its report for the fiscal 71,562
year 1998 has been submitted.
Vocational Education Equipment Replacement 71,564
The foregoing appropriation item 200-526, Vocational 71,566
Education Equipment Replacement, shall be used to provide an 71,567
amount to each eligible school district for the replacement or 71,568
updating of equipment essential for the instruction of students 71,569
in job skills taught as part of a vocational program or programs 71,570
approved for such instruction by the State Board of Education. 71,571
School districts replacing or updating vocational education 71,572
equipment may purchase or lease such equipment. The Department 71,573
of Education shall review and approve all equipment requests and 71,575
may allot appropriated funds to eligible school districts on the 71,576
basis of the number of units of vocational education in all 71,577
eligible districts making application for funds. 71,578
The State Board of Education may adopt standards of need 71,580
for equipment allocation. Pursuant to the adoption of any such 71,581
standards of need by the State Board of Education, appropriated 71,582
funds may be allotted to eligible districts according to such 71,583
standards. Equipment funds allotted under either process shall 71,584
be provided to a school district on a 40, 50, or 60 per cent of 71,585
cost on the basis of a district vocational priority index rating 71,586
developed by the Department of Education for all districts each 71,587
year. The vocational priority index shall give preference to 71,588
1593
districts with a large percentage of disadvantaged students and 71,589
shall include other socio-economic factors as determined by the 71,590
State Board of Education. 71,591
Nonpublic Administrative Cost Reimbursement 71,593
The foregoing appropriation item 200-532, Nonpublic 71,595
Administrative Cost Reimbursement, shall be used by the State 71,596
Board of Education for the purpose of implementing section 71,597
3317.063 of the Revised Code. 71,598
School-Age Child Care 71,601
Of the foregoing appropriation item 200-533, School-Age 71,603
Child Care, up to $200,000 in each fiscal year shall be used for 71,604
the "Training Ohio's Parents for Success" program. Up to 71,605
$500,000 in each fiscal year shall be used for the "Parents as 71,607
Teachers" program.
Of the foregoing appropriation item 200-533, School-Age 71,609
Child Care, up to $62,500 in each fiscal year shall be used by 71,610
the Cincinnati YWCA for its Home Instruction Program for 71,611
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 71,613
program of child care conducted outside of regular school hours 71,615
for school age children. 71,616
The remainder of the foregoing appropriation item 200-533, 71,618
School-Age Child Care, shall be used by the Department of 71,619
Education to provide grants to city, local, and exempted village 71,620
school districts and educational service centers for school-age 71,621
child care programs. In each fiscal year, the department shall 71,622
make grants. All grants shall be awarded by the department on 71,624
the basis of project proposals submitted by school district 71,625
boards of education or educational service center governing
boards. The board of education of each district or governing 71,627
board of each educational service center that receives a grant 71,628
shall keep a record of how the grant is used, and issue a report 71,629
at the end of the school year for which the grant was made 71,630
explaining the goals and objectives determined, the activities 71,631
1594
implemented, and the progress made toward achieving goals and 71,632
objectives.
Desegregation Costs 71,634
The foregoing appropriation item 200-534, Desegregation 71,636
Costs, shall be used to pay desegregation costs. 71,637
(A) Notwithstanding any section of law to the contrary, if 71,640
in each fiscal year, due to federal court order, the Department 71,641
of Education is obligated to pay for desegregation costs in any 71,642
school district, the costs shall be paid from the foregoing 71,643
appropriation item 200-534, Desegregation Costs. 71,644
Of the foregoing appropriation item 200-534, Desegregation 71,646
Costs, up to $900,000 in fiscal year 1998 and up to $1,000,000 in 71,647
fiscal year 1999 may be used to cover the legal fees associated 71,649
with desegregation cases brought against the state. 71,650
By May 1 of each year, the Department of Education will 71,652
determine if the appropriation exceeds the state's obligation for 71,653
desegregation costs. Any appropriations in excess of the state's 71,654
obligation shall be transferred to appropriation item 200-406, 71,655
Head Start, by the Director of Budget and Management. 71,656
(B) As part of managing state desegregation costs, any 71,658
board of education of a school district subject to a federal 71,659
court desegregation order that requires the district board to bus 71,660
students for the purpose of racial balance shall, within one year 71,661
of the effective date of this act: 71,662
(1) Update its plan required under Am. Sub. H.B. 298 of 71,664
the 119th General Assembly designed to satisfy the court so as to 71,665
obtain release from the court's desegregation order; and 71,666
(2) Submit an updated copy of the plan to the State Board 71,668
of Education. 71,669
Upon request of the district board, the State Board shall provide 71,672
technical assistance to the school district board in developing a 71,673
plan.
Within ninety days of the date on which the plan is 71,675
submitted to the State Board of Education, the district board, or 71,676
1595
the district board and the State Board of Education jointly if 71,678
both are parties to the desegregation case, shall submit the plan 71,680
to the court and apply for release from the court's desegregation 71,681
order.
Of the foregoing appropriation item 200-534, Desegregation 71,683
Costs, Cleveland City Schools shall receive $40,000,000 in fiscal 71,684
year 1998 and $38,200,000 in fiscal year 1999; Dayton City 71,686
Schools shall receive at least $4,500,000 in each of fiscal year
1998 and fiscal year 1999. 71,687
Of the foregoing appropriation item 200-534, Desegregation 71,690
Costs, $5,000,000 in each fiscal year shall be used by the 71,691
Department of Education to support the Cincinnati Magnet School 71,692
Program.
Education Technology 71,694
The foregoing appropriation item 200-539, Education 71,696
Technology, shall be used to provide funding to suppliers of 71,697
information services to school districts for the provision of 71,698
hardware, software, and staff development in support of 71,699
educational uses of technology in the classroom as prescribed by 71,700
the State Plan for Technology pursuant to section 3301.07 of the 71,701
Revised Code, and to support assistive technology for children 71,702
and youth with disabilities. 71,703
Up to $5,369,581 in each fiscal year shall be used by the 71,705
Department of Education to contract with instructional television 71,707
and $930,492 in each fiscal year shall be used by the department 71,708
to contract with education media centers to provide Ohio schools 71,709
with instructional resources and services.
Resources may include, but not be limited to the following: 71,711
pre-recorded video materials (including videotape, laser discs, 71,712
and CD-ROM discs); computer software for student use and/or 71,713
student access to electronic communication, databases, 71,714
spreadsheet, and word processing capability; live student courses 71,715
or courses delivered electronically; automated media systems; and 71,716
instructional and professional development materials for 71,717
1596
teachers. The department shall cooperate with such agencies in 71,718
the acquisition, development, and delivery of such educational 71,719
resources to ensure high-quality and educational soundness at the 71,720
lowest possible cost. Delivery of such resources may utilize a 71,721
variety of technologies, with preference given to a high-speed 71,722
integrated information network that can transport video, voice, 71,723
data, and graphics simultaneously. 71,724
Services shall include presentations and technical 71,726
assistance that will help students and teachers integrate 71,727
educational materials that support curriculum objectives, match 71,728
specific learning styles, and are appropriate for individual 71,729
interests and ability levels. 71,730
Section 49.13. Peer Review 71,732
The foregoing appropriation item 200-541, Peer Review, 71,734
shall be used by the Department of Education to develop a peer 71,735
review program for teachers, to provide training, and to 71,736
implement the peer review program in school districts on a pilot 71,737
basis in fiscal year 1998. Funds for fiscal year 1999 shall be
awarded on a competitive basis to school districts wishing to 71,738
implement peer review programs. In each fiscal year, $640,000 71,739
shall be distributed to the Regional Professional Development 71,740
Centers to provide training for mentor teachers and for 71,741
leadership teams from districts implementing peer review
programs. 71,742
Of the foregoing appropriation item 200-541, Peer Review, 71,744
$125,000 in each fiscal year shall be used by the Southern Ohio 71,745
Appalachian Initiative to develop a peer review and coaching 71,746
model whereby teachers coach one another. In addition, funds 71,747
shall be used to train and provide stipends for teacher coaches 71,748
and mentors, and to develop training modules for professional
improvement through establishing and attaining goals. 71,749
National Board Certification 71,751
The foregoing appropriation item 200-542, National Board 71,753
Certification, shall be used by the Department of Education to 71,755
1597
pay the application fee for teachers from public and chartered 71,756
nonpublic schools applying to the National Board for Professional 71,757
Teaching Standards for professional teaching certificates or 71,759
licenses that the board offers, and to provide grants in each 71,760
fiscal year to recognize and reward teachers who become certified 71,761
by the board pursuant to section 3319.55 of the Revised Code. 71,762
In each fiscal year, the appropriation item shall be used 71,764
to pay for the first 400 applications received by the department. 71,767
Each prospective applicant for certification or licensure shall 71,768
submit an application to the Department of Education. When the
department has collected a group of applications, but no later 71,769
than 30 days after receipt of the first application in a group, 71,770
it shall send the applications to the National Board for 71,771
Professional Teaching Standards along with a check to cover the 71,772
cost of the application fee for all applicants in that group. 71,773
Of the foregoing appropriation item 200-542, National Board 71,775
Certification, up to $300,000 shall be used each fiscal year by 71,776
the Department of Education to support the connection of teacher 71,777
applicants to university programs that enhance applicant learning 71,778
and professional development during the National Board 71,779
Certification process.
Section 49.14. Entry Year Program 71,781
The foregoing appropriation item 200-543, Entry Year 71,783
Program, shall be used by the Department of Education to expand 71,784
the pilot residency programs established pursuant to provisions 71,785
of Am. Sub. H.B. 152 of the 120th General Assembly.
The Department of Education shall select eligible beginning 71,787
teachers to participate in a year-long entry year program which 71,788
provides for guidance and coaching by experienced school district 71,789
and university faculty and regular teacher performance 71,790
assessment. The program is designed to assess each beginning 71,791
teacher with the Education Testing Service's Praxis III 71,792
examination. These funds shall be used to support the 71,793
supervisory, teaching, and assessment services associated with 71,794
1598
the pilot residency program in urban, suburban, and rural sites. 71,795
Individual Career Plan and Passport 71,797
The foregoing appropriation item 200-544, Individual Career 71,799
Plan and Passport, shall be used to enable students to develop 71,800
career plans, to identify initial educational and career goals, 71,801
and to develop a career passport which provides a clear 71,802
understanding of the student's knowledge, skills, and credentials 71,803
to present to future employers, universities, and other training 71,804
institutes.
The appropriation shall be allocated to school districts 71,806
pursuant to guidelines developed by the Department of Education 71,808
for programs described in section 3313.607 of the Revised Code 71,810
for children in the kindergarten through twelfth grades. Funds 71,811
so allocated shall be used for educational materials, services, 71,812
career information, curriculum development, staff development, 71,813
mentorships, career exploration, and career assessment
instruments as needed to develop individualized career plans and 71,814
passports.
Reading Improvement 71,816
The foregoing appropriation item 200-551, Reading 71,818
Improvement, shall be used by the Department of Education to fund 71,819
the Reading Recovery training network, to cover the cost of 71,820
release time for the teacher trainers, and to provide grants to 71,821
districts to implement other reading improvement programs on a 71,823
pilot basis. Funds for this appropriation item may also be used 71,825
to conduct evaluations of the impact and effectiveness of Reading 71,826
Recovery and other reading improvement programs. 71,827
In addition, the Department of Education shall report to 71,829
the General Assembly and the Governor each fiscal year on the 71,830
progress that has been made in implementing these programs, 71,831
including an evaluation of the effectiveness of the programs. 71,832
Twenty per cent of the foregoing appropriation item 71,834
200-551, Reading Improvement, shall be used for the continuation 71,835
of a phonics demonstration project as described in Sub. H.B. 81 71,836
1599
of the 121st General Assembly. The Department of Education may 71,838
make a portion of the funds for the demonstration project 71,839
available to additional school districts that want to participate 71,840
in the program that did not receive funding under the original 71,841
project authorized in Sub. H.B. 81 of the 121st General Assembly. 71,842
County MR/DD Boards-Vehicle Purchases 71,844
The foregoing appropriation item 200-552, County MR/DD 71,846
Boards-Vehicle Purchases, shall be used to provide financial 71,847
assistance to MR/DD boards for the purchase of vehicles as 71,848
permitted in section 3317.07 of the Revised Code. 71,849
The foregoing appropriation item 200-553, County MR/DD 71,851
Boards-Transportation Operating, shall be used to provide 71,852
financial assistance for transportation operating costs as 71,853
provided in division (Q) of section 3317.024 of the Revised Code. 71,854
Special Education Aides 71,856
The foregoing appropriation item 200-589, Special Education 71,858
Aides, shall be used by the Department of Education to assist 71,859
school districts in funding aides pursuant to paragraph 71,861
(A)(3)(c)(i)(b) of Rule 3301-51-04 of the Administrative Code. 71,862
Special Education Preschool Units 71,864
The foregoing appropriation item 200-577, Preschool Special 71,866
Education, shall be distributed by the Department of Education to 71,867
county boards of mental retardation and developmental 71,868
disabilities, educational service centers, and school districts 71,869
for preschool special education units and preschool supervisory 71,872
units in accordance with divisions (N) and (O)(1) of section 71,873
3317.024 of the Revised Code. The department may reimburse 71,874
county boards of mental retardation and developmental
disabilities, educational service centers, and school districts 71,875
for related services as defined in Rule 3301-01-05 of the Ohio 71,877
Administrative Code, for occupational and physical therapy 71,878
services provided by a physical therapy assistant and certified 71,879
occupational therapy assistant, and for an instructional 71,880
assistant. The State Board of Education shall approve such units 71,883
1600
pursuant to section 3317.05 of the Revised Code. To the greatest 71,884
extent possible, the Department of Education shall allocate these 71,885
units to school districts and educational service centers. The 71,886
Controlling Board may approve the transfer of unallocated funds 71,888
from appropriation item 200-504, Special Education, to 71,889
appropriation item 200-577, Preschool Special Education, to fully 71,890
fund existing units as necessary or to fully fund additional 71,891
units. The Controlling Board may approve the transfer of 71,892
unallocated funds from appropriation item 200-577, Preschool 71,893
Special Education, to appropriation item 200-504, Special 71,894
Education, to fully fund existing units, as necessary, or to 71,895
fully fund additional units.
Auxiliary Services Mobile Repair 71,897
Notwithstanding section 3317.064 of the Revised Code, if 71,899
the unobligated cash balance is sufficient then the Treasurer of 71,900
State shall transfer $1,500,000 in fiscal year 1998 within thirty 71,901
days of the effective date of this section and $1,500,000 in 71,902
fiscal year 1999 by August 1, 1998, from the Auxiliary Services 71,903
Personnel Unemployment Compensation Fund to the Department of 71,904
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 71,905
Section 49.15. Lottery Profits Education Fund 71,907
Appropriation item 200-670, School Foundation - Basic 71,909
Allowance, shall be used in conjunction with GRF item 200-501 to 71,910
provide payments to school districts pursuant to Chapter 3317. of 71,911
the Revised Code. 71,912
Of the foregoing appropriation item, 200-670, School 71,914
Foundation Basic Allowance, $25,000,000 in fiscal year 1999 shall 71,916
be used from the funds transferred from the Unclaimed Prizes 71,917
Trust Fund pursuant to the section entitled "Transfers from the 71,918
Unclaimed Prizes Fund" of this act.
Appropriation item 200-671, Special Education, shall be 71,920
used in conjunction with GRF item 200-504 to provide payments to 71,921
school districts pursuant to Chapter 3317. of the Revised Code. 71,922
Appropriation item 200-672, Vocational Education, shall be used 71,923
1601
in conjunction with GRF item 200-507 to provide payments to 71,924
school districts pursuant to Chapter 3317. of the Revised Code. 71,925
The Department of Education, with the approval of the 71,927
Director of Budget and Management, shall determine the monthly 71,928
distribution schedules of the GRF line item 200-501 and fund 017 71,929
line item 200-670, GRF line item 200-504 and fund 017 line item 71,930
200-671, and GRF line item 200-507 and fund 017 line item 71,931
200-672. If adjustments to the monthly distribution schedule are 71,932
necessary, the Department of Education shall make such 71,933
adjustments with the approval of the Director of Budget and 71,934
Management. 71,935
The Director of Budget and Management shall transfer the 71,937
amount appropriated under the Lottery Profits Education Fund for 71,938
item 200-682, Lease Rental Payment Reimbursement, to the General 71,939
Revenue Fund on a schedule determined by the director. These 71,941
funds shall support the General Revenue Fund appropriation 71,942
200-413, Lease Rental Payments. 71,943
Disability Access Projects 71,945
(A) As used in this section: 71,947
(1) "Percentile" means the percentile in which a school 71,949
district is ranked according to the most recent ranking of school 71,950
districts with regard to income and property wealth under 71,951
division (B) of section 3318.011 of the Revised Code. 71,952
(2) "School district" means a city, local, or exempted 71,954
village school district, except for a school district that is one 71,955
of the state's 21 urban school districts as defined in division 71,956
(H) of section 3317.02 of the Revised Code. 71,957
(3) As used in this section, "valuation per pupil" means a 71,959
district's total taxable value as defined in section 3317.02 of 71,960
the Revised Code divided by the district's ADM as defined in 71,961
division (A) of section 3317.021 of the Revised Code. 71,962
(B) The Department of Education shall adopt rules for 71,964
awarding grants to school districts with a valuation per pupil 71,965
less than $200,000, to be used for construction, reconstruction, 71,966
1602
or renovation projects in classroom facilities, the purpose of 71,967
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application 71,968
procedures.
No school district shall be awarded a grant under this 71,970
section in excess of $100,000. In addition, any school district 71,971
in the 11th through 100th percentiles shall be required to pay a 71,972
percentage of the cost of the project for which the grant is 71,973
being awarded equal to the percentile in which the district is so 71,974
ranked.
The foregoing appropriation item 200-649, Disability Access 71,976
Projects, shall be used to fund capital projects that make 71,977
buildings more accessible to students with disabilities pursuant 71,978
to this section. Of the foregoing appropriation item 200-649, 71,979
Disability Access Projects, $60,000 shall be used for the
Danville High School wheelchair lift. 71,980
Judgment Loan 71,982
The foregoing appropriation item 200-669, Judgment Loan, 71,984
shall be used to make loans to eligible districts under this 71,985
section.
(A) A school district is an "eligible district" for 71,988
purposes of division (B) of this subsection if, in the two-year
period immediately preceding the effective date of this 71,989
subsection, the district was the subject of either: 71,990
(1) A single final nonappealable judgment, consent 71,992
judgment, or settlement agreement in a civil action for damages 71,993
for injury, death, or loss of person or property, the amount of 71,994
which was equal to at least 90 per cent of the district's annual 71,995
expenditures for operating expenses for the fiscal year in which 71,996
the judgment, consent judgment, or settlement agreement was
issued;
(2) Multiple final nonappealable judgments, consent 71,998
judgments, or settlement agreements for such damages arising out 72,000
of a single transaction or occurrence, or a series of
1603
transactions or occurrences arising out of the same wrongful act, 72,001
the total of which judgments, consent judgments, or settlement 72,002
agreements was an amount equal to at least 90 per cent of the 72,003
district's total expenditures for operating expenses in any one 72,004
of the fiscal years in which any such judgment, consent judgment, 72,005
or settlement agreement was issued.
(B) Upon application by the board of education of an 72,007
eligible district and to the extent funds are appropriated for 72,008
the purpose, the Superintendent of Public Instruction, with the 72,009
approval of the Director of Budget and Management, may enter into 72,010
a loan agreement with the board under which the Department of 72,012
Education shall loan to the district the amount of money
necessary to pay all or part of any judgment, consent judgment, 72,013
or settlement agreement described in division (A) of this 72,015
section, plus any accrued interest. For repayment of the loan, 72,016
the loan agreement shall require the department to deduct 72,017
annually from state aid payments due to the district under 72,018
Chapter 3317. of the Revised Code, and if necessary under 72,019
sections 321.24 and 323.156 of the Revised Code, an amount equal 72,021
to two thousandths of the district's total taxable value reported
pursuant to divisions (A)(1) and (2) of section 3317.021 of the 72,022
Revised Code, for the lesser of the following periods: 72,024
(1) A period of twenty-five years, commencing with the 72,026
later of the year of receipt of the loan or fiscal year 1999; 72,027
(2) A period equal to the number of years required to 72,029
deduct an amount equal to the total amount of the loan from the 72,030
district's state aid payments, commencing with the later of the 72,031
year of receipt of the loan or fiscal year 1999. 72,032
Bus Purchase One Time Supplement 72,034
Of the foregoing appropriation item 200-694, Bus Purchase 72,036
One Time Supplement, $2,100,000 shall be distributed by the 72,037
Department of Education pursuant to the provisions of law 72,038
governing appropriation line item 200-552, County MR/DD Boards - 72,039
Vehicle Purchases.
1604
The remaining funds allocated under this section shall be 72,041
distributed by the Department of Education pursuant to the 72,042
provisions of law governing appropriation line item 200-503, Bus 72,043
Purchase Allowance.
Lottery Profits Transfers* 72,045
On May 15 of each fiscal year, the Director of Budget and 72,047
Management shall determine if lottery profits transfers will meet 72,048
the appropriation amounts from the Lottery Profits Education 72,049
Fund. 72,050
On or after the date specified in each fiscal year, if the 72,052
director determines that lottery profits will not meet 72,053
appropriations and if other funds are not available to meet the 72,054
shortfall, the Superintendent of Public Instruction shall take 72,055
the actions specified under the "Reallocation of Funds" section 72,057
of this act.
Transfers from the Unclaimed Prizes Fund 72,059
By July 15 of fiscal year 1999, the Director of Budget and 72,062
Management shall transfer $25,000,000 from the State Lottery
Commission's Unclaimed Prizes Fund to the Lottery Profits 72,063
Education Fund, to be used solely for purposes specified in the 72,064
Department of Education's budget. Transfers of unclaimed prizes 72,065
under this provision shall not count as Lottery Profits in the 72,066
determination made concerning excess profits titled "Lottery
Profits" under the Department of Education in this act. 72,067
Teacher Certification and Licensure 72,069
The foregoing appropriation item 200-681, Teacher 72,071
Certification and Licensure, shall be used by the Department of 72,072
Education in each year of the biennium to administer teacher 72,073
certification and licensure functions pursuant to sections 72,074
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 72,075
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 72,076
3319.51 of the Revised Code. 72,077
Section 49.16. Property Tax Allocation 72,079
The Superintendent of Public Instruction shall not request 72,081
1605
and the Controlling Board shall not approve the transfer of funds 72,082
from appropriation item 200-901, Property Tax 72,083
Allocation--Education, to any other appropriation line item. 72,084
Textbooks/Instructional Materials 72,086
As used in this section, "valuation per pupil" means a 72,088
district's total taxable value as defined in section 3317.02 of 72,090
the Revised Code divided by the district's ADM as defined in 72,091
division (A) of section 3317.021 of the Revised Code. 72,092
Money in the foregoing appropriation item 200-645, 72,094
Textbooks/Instructional Materials, shall be distributed on a per 72,095
pupil basis to all city, exempted village, and local school 72,096
districts with a valuation per pupil less than $200,000. City, 72,097
exempted village, and local school districts shall use moneys
received from the appropriation item for textbooks, instructional 72,098
software, instructional materials, and any other materials the 72,099
district deems to be helpful in providing appropriate instruction 72,100
to students in the following subject areas: reading, writing, 72,101
mathematics, science, and citizenship.
Section 49.17. Distribution Formulas* 72,103
The Department of Education shall report the following to 72,105
the Director of Budget and Management, the Legislative Office of 72,106
Education Oversight, and the Legislative Budget Officer of the 72,107
Legislative Service Commission: 72,108
(A) Changes in formulas for distributing state 72,110
appropriations, including administratively defined formula 72,111
factors; 72,112
(B) Discretionary changes in formulas for distributing 72,114
federal appropriations; and 72,115
(C) Federally mandated changes in formulas for 72,117
distributing federal appropriations. 72,118
Any such changes shall be reported two weeks prior to the 72,120
effective date of the change. 72,121
Section 49.18. ADM Calculation for Big Eight Districts 72,123
(A) As used in this section, "big eight school district," 72,125
1606
"urban school district," "all-day kindergarten," "extended 72,127
kindergarten," and "traditional kindergarten" have the same
meanings as in section 3317.02 of the Revised Code. 72,129
(B) Notwithstanding the changes made by this act to the 72,131
provisions for determining a district's ADM under sections 72,133
3317.02, 3317.023, and 3317.08 of the Revised Code, for fiscal 72,134
year 1998 the average daily membership shall be determined under 72,135
those sections in the same manner as it was determined for fiscal
year 1997 except that a big eight school district may include 72,136
three-fourths of its all-day kindergarten and extended 72,137
kindergarten average daily membership in its average daily 72,139
membership for purposes of those sections, plus one-half of its
traditional kindergarten average daily membership for those 72,140
purposes. Thereafter, the average daily membership shall be 72,141
determined as provided in sections 3317.02, 3317.023, and 3317.08 72,142
of the Revised Code, as amended by this act. 72,143
(C) If the kindergarten average daily membership reported 72,145
by the big eight school districts in fiscal year 1998 is not 72,146
sufficient to spend all funds available that year in 72,147
appropriation item 200-501, School Foundation Basic Allowance, 72,148
for increasing aid to big eight school districts providing 72,149
all-day and extended kindergarten, the Department of Education 72,150
shall use the remainder of those funds to make payments to each 72,151
urban other than a big eight school district providing all-day or 72,153
extended kindergarten that fiscal year. The Department shall
determine a per-pupil amount that it shall pay under this 72,154
division for each child enrolled in all-day or extended 72,155
kindergarten in an urban school district. 72,156
Section 49.19. Educational Service Centers Funding 72,158
Notwithstanding division (B) of section 3317.11 of the 72,160
Revised Code, no funds shall be provided to an educational 72,161
service center in either fiscal year for any pupils in the ADM of 72,162
a city or exempted village school district unless an agreement to 72,163
provide services under section 3313.843 of the Revised Code was 72,164
1607
entered into by June 1, 1995, except that funds shall be provided 72,166
to an educational service center for any pupils in the ADM of a 72,167
city school district if the agreement to provide services was 72,168
entered into within one year of the date upon which such district 72,169
changed from a local school district to a city school district. 72,170
If insufficient funds are appropriated in fiscal year 1998 for 72,171
the purposes of division (B) of section 3317.11 of the Revised 72,172
Code, the Department shall first distribute to the appropriate 72,173
educational service center $32 per pupil in the ADM of every 72,174
local school district in the state. The remaining funds in the 72,175
fiscal year shall be distributed to the appropriate educational 72,176
service center at a rate of $32 per pupil in the ADM of each city 72,177
and exempted village school district that had entered into an 72,178
agreement with an educational service center for that fiscal year 72,179
under section 3313.843 of the Revised Code by June 1, 1995, in 72,180
order of the dates on which such agreements were entered into, 72,181
beginning with the earliest such date; except that any county 72,182
district that received funds for the pupils in the ADM of a city 72,183
or exempted village district in fiscal year 1995 shall receive 72,184
funds for the pupils in the ADM of such district in fiscal year 72,185
1998 if such district has entered into an agreement with that 72,186
educational service center for that fiscal year. If insufficient 72,187
funds are appropriated in fiscal year 1999 for the purposes of 72,188
division (B) of section 3317.11 of the Revised Code, the 72,189
Department shall first distribute to the appropriate educational 72,190
service center $32 per pupil in the ADM of every local district 72,191
in the state. The remaining funds in the fiscal year shall be 72,192
distributed to the appropriate educational service center at a 72,193
rate of $32 per pupil in the ADM of each city and exempted 72,194
village school district that had entered into an agreement with 72,195
an educational service center for that fiscal year under section 72,196
3313.843 of the Revised Code by June 1, 1995, in order of the 72,197
dates on which such agreements were entered into, beginning with 72,198
the earliest such date; except that any educational service 72,199
1608
center that received funds for the pupils in the ADM of a city or 72,200
exempted village district in both fiscal years 1997 and 1998 72,201
shall receive funds for the pupils in the ADM of such district in 72,202
fiscal year 1999 if such district has entered into an agreement 72,203
with that educational service center for that fiscal year. 72,204
Notwithstanding division (B) of section 3317.11 of the 72,206
Revised Code, in lieu of the $34 figure provided in that 72,207
division, the figure for fiscal year 1998 shall be $32. 72,208
Section 49.20. Supplemental Payment 72,210
In addition to any other payments made under Chapter 3317. 72,212
of the Revised Code, or under this act, a payment for fiscal year 72,213
1998 not greater than the sum of the computation under division 72,214
(A) of this section and for fiscal year 1999 not greater than the 72,215
sum of the computation under division (B) of this section may be 72,216
made to each school district, subject to the recommendation of 72,217
the Superintendent of Public Instruction and approval of the 72,218
Controlling Board, for mandated costs not met from increases in 72,219
funds for the appropriate year from this act. The increases for 72,220
fiscal year 1998 shall be calculated by determining additional 72,221
state funds received for the year under other sections of this 72,222
act and sections 3317.022 and 3317.023 of the Revised Code, plus 72,223
additional state funds for approved units in operation for fiscal 72,224
year 1998 funded under divisions (M), (N), and (O) of section 72,225
3317.024 of the Revised Code and the heading "Supplemental Unit 72,226
Allowance" above amounts received by the district from such 72,229
sections and divisions and under the heading "Supplemental 72,230
Payment" in Section 45.11 of Am. Sub. H.B. 117 of the 121st 72,231
General Assembly and Supplemental Unit Allowance in Section 45.06 72,232
of Am. Sub. H.B. 117 of the 121st General Assembly, for fiscal 72,233
year 1997. The increases for fiscal year 1999 shall be 72,234
calculated by determining additional state funds received for 72,235
such year under other sections of this act and sections 3317.022 72,236
and 3317.023 of the Revised Code plus additional state funds for 72,237
approved units in operation for fiscal year 1999 funded under 72,238
1609
divisions (M), (N), and (O) of section 3317.024 of the Revised 72,239
Code above the amounts received by the district from such 72,240
sections and divisions and under this section of this act for 72,241
fiscal year 1998. 72,242
(A) For fiscal year 1998, the amount calculated under this 72,244
division shall be the cost of employing additional full-time 72,245
equivalent classroom teachers and educational service personnel 72,246
whose employment was necessary to avoid a reduction in state aid 72,247
under divisions (C) and (D) or (E) of section 3317.023 of the 72,248
Revised Code and who exceed in number the number of full-time 72,249
equivalent classroom teachers and full-time equivalent 72,250
educational service personnel who were employed by the district 72,251
during the first full week of October, 1996. The amount shall 72,252
equal the minimum salaries for such additional full-time 72,253
equivalent employees required by section 3317.13 of the Revised 72,254
Code multiplied by 114 per cent. 72,255
(B) For fiscal year 1999, the amount calculated under this 72,257
division shall be the cost of employing the additional full-time 72,258
equivalent classroom teachers and educational service personnel 72,259
whose employment was necessary to avoid a reduction in state aid 72,260
under divisions (C) and (D) or (E) of section 3317.023 of the 72,261
Revised Code and who exceed in number the number of full-time 72,262
equivalent classroom teachers and educational service personnel 72,263
who were employed by the district during either the first full 72,264
week of October 1996, or during the first full week of October 72,265
1997, whichever week the number was smaller. The amount shall 72,266
equal the minimum salaries for such additional full-time 72,267
equivalent employees required by section 3317.13 of the Revised 72,268
Code multiplied by 114 per cent. 72,269
The Department of Education shall determine application 72,271
procedures and the schedule for applications and payments, 72,272
subject to approval by the Controlling Board. The Department of 72,273
Education may pay during the first half of each fiscal year, an 72,274
amount equal to one-half of the estimated payment to which a 72,275
1610
district is entitled under this section. Subsequent to the 72,276
approval of the Controlling Board, the amount of any 72,277
over-payments shall be deducted from payments made under this act 72,278
during the remainder of the fiscal year. 72,279
Only those school districts eligible to receive payments 72,281
under section 3317.022 of the Revised Code may receive any 72,282
payment under this section. 72,283
The Superintendent of Public Instruction and the 72,285
Controlling Board, before finalizing recommendations or approving 72,286
payments pursuant to this section, may consider: 72,287
(1) Increases in revenues to a school district from 72,289
sources other than Chapter 3317. of the Revised Code; 72,290
(2) Information relating to assumptions concerning 72,292
potential state revenues made at the time of adoption of a new 72,293
salary schedule for the district. 72,294
Section 49.21. Distribution-School District Subsidy 72,296
Payments 72,297
The provisions of this section shall not take effect unless 72,300
the Director of Budget and Management adopts an order putting 72,301
them into effect and certifies a copy of the order to the 72,302
Superintendent of Public Instruction and the Controlling Board. 72,303
Notwithstanding any other provision of the Revised Code, 72,305
the monthly distribution of payments made to school districts and 72,306
educational service centers pursuant to section 3317.01 of the 72,307
Revised Code for the first six months of each fiscal year shall 72,309
equal, as nearly as possible, six and two-thirds per cent of the 72,310
estimate of the amounts payable for each fiscal year. The 72,311
monthly distribution of payments for the last six months of each 72,312
fiscal year shall equal, as nearly as possible, 10 per cent of 72,313
the final calculation of the amounts payable to each school 72,314
district for that fiscal year.
The treasurer of each school district or educational 72,316
service center may accrue, in addition to the payments defined in 72,318
this section, to the accounts of the calendar years that end 72,319
1611
during each fiscal year, the difference between the sum of the 72,320
first six months' payments in each fiscal year and the amounts 72,321
the district would have received had the payments been made in, 72,322
as nearly as possible, in each fiscal year, twelve equal monthly 72,323
payments.
Notwithstanding the limitations on the amount of borrowing 72,325
and time of payment provided for in section 133.10 of the Revised 72,326
Code but subject to the provisions of sections 133.26 and 133.30 72,327
of the Revised Code, a board of education of a school district 72,328
may at any time between July 1, 1997, and December 31, 1997, or 72,329
at any time between July 1, 1998, and December 31, 1998, borrow 72,330
money to pay any necessary and actual expenses of the school 72,331
district during the last six months of calendar years 1997 and 72,332
1998 and in anticipation of the receipt of any portion of the 72,333
payments to be received by that district in the first six months 72,334
of calendar years 1998 and 1999 representing the respective 72,335
amounts accrued pursuant to the preceding paragraph, and issue 72,336
notes to evidence that borrowing to mature no later than the 72,337
thirtieth day of June of the calendar year following the calendar 72,338
year in which such amount was borrowed. The principal amount 72,339
borrowed in the last six months of calendar years 1997 or 1998 72,340
under this paragraph may not exceed the entire amount accrued or 72,341
to be accrued by the district treasurer in those calendar years 72,342
pursuant to the preceding paragraph. The proceeds of the notes 72,343
shall be used only for the purposes for which the anticipated 72,344
receipts are lawfully appropriated by the board of education. No 72,345
board of education shall be required to use the authority granted 72,346
by this paragraph. The receipts so anticipated, and additional 72,347
amounts from distributions to the districts in the first six 72,348
months of calendar years 1998 and 1999 pursuant to Chapter 3317. 72,349
of the Revised Code needed to pay the interest on the notes, 72,350
shall be deemed appropriated by the board of education to the 72,351
extent necessary for the payment of the principal of and interest 72,352
on the notes at maturity, and the amounts necessary to make those 72,353
1612
monthly distributions are hereby appropriated from the General 72,354
Revenue Fund. For the purpose of better ensuring the prompt 72,355
payment of principal of and interest on the notes when due, the 72,356
resolution of the board of education authorizing the notes may 72,357
direct that the amount of the receipts anticipated, together with 72,358
those additional amounts needed to pay the interest on the 72,359
borrowed amounts, shall be deposited and segregated, in trust or 72,360
otherwise, to the extent, at the time or times, and in the manner 72,361
provided in that resolution. The borrowing authorized by this 72,362
section shall not constitute debt for purposes of section 133.04 72,363
of the Revised Code. School districts shall be reimbursed by the 72,364
state for all necessary and actual costs to districts arising 72,365
from this provision, including, without limitation, the interest 72,366
paid on the notes while the notes are outstanding. The 72,367
Department of Education shall adopt rules that are not 72,368
inconsistent with this section for school district eligibility 72,369
and application for reimbursement of such costs. Payments of 72,370
these costs shall be made out of any anticipated balances in 72,371
appropriation items distributed under Chapter 3317. of the 72,372
Revised Code. The department shall submit all requests for 72,373
reimbursement under these provisions to the Controlling Board for 72,374
approval. 72,375
During the last six months of each calendar year, instead 72,377
of deducting the amount the Superintendent of Public Instruction 72,378
would otherwise deduct from a school district's or educational 72,380
service center's state aid payments in accordance with the 72,381
certifications made for such year pursuant to sections 3307.56 72,382
and 3309.51 of the Revised Code, the Superintendent shall deduct 72,384
an amount equal to 40 per cent of the amount so certified. The 72,385
secretaries of the retirement systems shall compute the 72,386
certifications for the ensuing year under such sections as if the 72,387
entire amounts certified as due in the calendar year ending the 72,388
current fiscal year, but not deducted pursuant to this paragraph, 72,389
had been deducted and paid in that calendar year. During the 72,390
1613
first six months of the ensuing calendar year, in addition to 72,391
deducting the amounts the Superintendent of Public Instruction is 72,392
required to deduct under such sections during such period, the 72,393
Superintendent shall deduct from a district's or educational 72,394
service center's state aid payments an additional amount equal to 72,396
the amount that was certified as due from the district for the 72,397
calendar year that ends during the fiscal year, but that was not 72,398
deducted because of this paragraph. The Superintendent's 72,399
certifications to the Director of Budget and Management during 72,400
the first six months of the calendar year shall reflect such 72,401
additional deduction.
Section 49.22. Vocational Education Pupil Recomputation 72,403
The Department of Education shall recompute the total 72,405
amount required to be paid to each city, local, and exempted 72,406
village school district for fiscal years 1998 and 1999 under 72,407
Chapter 3317. of the Revised Code. Such recomputation shall make 72,408
the following changes in the original computation: 72,409
(A) In lieu of the amount computed as prescribed by 72,411
section 3317.022 of the Revised Code, substitute the amount to 72,412
which the district would be entitled under such section if the 72,413
ADM used in the computation included the number of full-time 72,414
equivalent pupils enrolled in vocational units that are used to 72,415
make the computation required by division (M)(2) of section 72,416
3317.024 of the Revised Code; 72,417
(B) In lieu of the amount computed as prescribed by 72,419
division (M) of section 3317.024 of the Revised Code, substitute 72,420
zero. 72,421
If the recomputed amount in either fiscal year exceeds the 72,423
amount required to be paid to the district under Chapter 3317. of 72,424
the Revised Code, the excess amount shall be paid to the district 72,425
during the appropriate fiscal year as a supplemental payment from 72,426
the amount appropriated from appropriation item 200-501 School 72,427
Foundation Basic Allowance. Such payments shall be deemed to be 72,428
basic aid for purposes of this act. 72,429
1614
Section 49.23 Reallocation of Funds 72,431
(A) As used in this section: 72,433
(1) "Basic aid" means the amount calculated for the school 72,436
district received for the fiscal year under sections 3317.022, 72,437
3317.023, and 3317.025 to 3317.028 of the Revised Code, as 72,438
modified by language under the headings "Basic Aid Formula 72,439
Amount," "Basic Aid Guarantees," and "Vocational Education Pupil 72,440
Recomputations" of this act and section 3317.0212 of the Revised 72,441
Code.
(2) "Nonbasic aid" means: 72,443
(a) In the case of a school district, the amount computed 72,445
for the district for fiscal year 1998 or fiscal year 1999 under 72,446
Chapter 3317. of the Revised Code and this act, excluding the 72,447
district's basic aid; 72,448
(b) In the case of a county board of mental retardation 72,450
and developmental disabilities or for an institution providing 72,451
special education programs under section 3323.091 of the Revised 72,452
Code, the amount computed for the board or institution under 72,453
divisions (N) and (O) of section 3317.024 of the Revised Code. 72,454
(3) "Total taxable value" has the meaning given in section 72,457
3317.02 of the Revised Code.
(4) "Total basic revenue" means the district's basic aid 72,460
plus one of the following:
(a) For fiscal year 1998, two and three-tenths per cent of 72,462
the district's total taxable value for the most recently 72,465
completed tax year for which data are available for all school 72,466
districts at the time the computations required by divisions (C) 72,467
to (E) of this section are made;
(b) For fiscal year 1999, two and three-tenths per cent of 72,469
the district's total taxable value for the most recently 72,470
completed tax year for which data are available for all school 72,472
districts at the time the computations required by divisions (C) 72,473
to (E) of this section are made.
(B) If in either fiscal year of the biennium the 72,475
1615
Superintendent of Public Instruction determines prior to January 72,476
16, 1998, or January 16, 1999, respectively, that the amount 72,477
appropriated to the Department of Education for distribution 72,478
under this act and Chapter 3317. of the Revised Code is 72,479
insufficient to make all of the payments required under such 72,480
provisions, or if the Governor issues an order under section 72,481
126.05 of the Revised Code to reduce expenditures and incurred 72,482
obligations and the order requires the Superintendent to reduce 72,483
such state aid payments, or if lottery profits transfers are 72,484
insufficient to meet the amounts appropriated from the Lottery 72,485
Profits Education Fund for basic aid, vocational education, and 72,486
special education, and if other funds are not sufficient to 72,487
offset the shortfall, the Superintendent shall reduce basic and 72,488
nonbasic aid payments so that the total amount expended in the 72,489
fiscal year will not exceed either the amount appropriated or the 72,490
amount available for expenditure pursuant to the Governor's 72,491
order. Subject to Controlling Board approval, the Superintendent 72,492
shall reallocate appropriations not yet expended from one program 72,494
to another.
(C)(1) If further reductions in basic and nonbasic aid are 72,496
necessary following the reallocations implemented pursuant to 72,497
division (B) of this section, the Superintendent shall request 72,498
the Controlling Board to approve the use of the money 72,499
appropriated by this division. The Superintendent shall include 72,500
with the Superintendent's request a report listing the amount of 72,501
reductions that each school district will receive pursuant to 72,503
divisions (D) to (H) of this section if the request is not 72,504
approved, and also the amount of the reduction, if any, that will 72,505
still be required if the use of the money appropriated by this 72,506
section is approved.
(2) In accordance with division (C)(1) of this section, 72,508
there is hereby appropriated to the Department of Education from 72,509
the unobligated balance remaining in the Lottery Profits 72,510
Education Fund at the end of fiscal year 1997 and at the end of 72,511
1616
fiscal year 1998 the lesser of: the unobligated balance in the 72,512
fund, or the amount needed to preclude a reallocation pursuant to 72,513
divisions (D) to (H) of this section. The money appropriated by 72,514
this division may be spent or distributed by the department only 72,515
with the approval of the Controlling Board. 72,516
(D) If reductions in basic and nonbasic aid are still 72,518
necessary following the actions taken pursuant to divisions (B) 72,519
and (C) of this section, the Superintendent shall determine by 72,520
what percentage expenditures for basic and nonbasic aid must be 72,521
reduced for the remainder of the fiscal year to make the total 72,522
amount distributed for the year equal the amount appropriated or 72,523
available for distribution. The Superintendent shall reduce by 72,524
that percentage the amount to be paid in nonbasic aid to each 72,526
city, exempted village, local, and joint vocational school 72,527
district, to each educational service center, to each county 72,528
board of mental retardation and developmental disabilities, and 72,529
to each institution providing special education programs under 72,530
section 3323.091 of the Revised Code for the remainder of the 72,531
fiscal year.
(E) As used in divisions (F) to (H) of this section, 72,533
"school district" means city, local, and exempted village school 72,535
districts.
(F) After computing the reduction required by division (D) 72,537
of this section, the Superintendent shall: 72,538
(1) Determine the difference between the amount by which 72,540
total basic and nonbasic aid payments must be reduced and the 72,541
amount of the reductions made under division (D) of this section; 72,542
(2) Determine each school district's total basic revenue; 72,544
(3) Determine the total basic revenue of all such 72,546
districts; 72,547
(4) Except as otherwise provided in division (G) of this 72,549
section, reduce each such school district's basic aid by an 72,550
amount computed as follows: 72,551
(a) Multiply the amount obtained under division (F)(1) of 72,553
1617
this section by the district's total basic revenue; 72,554
(b) Divide the product thus obtained by the total basic 72,556
revenue of all districts. The quotient thus obtained shall be 72,557
the amount by which the district's basic aid shall be reduced for 72,558
the fiscal year. 72,559
(5) If the amount computed for a district under division 72,561
(F)(4)(b) of this section equals or exceeds the basic aid 72,562
remaining to be paid to the district for the fiscal year, the 72,563
district shall receive no further basic aid in the fiscal year. 72,564
(G) If the amount by which any district's basic aid is 72,566
required to be reduced under division (F)(4) of this section 72,567
exceeds the amount of basic aid remaining to be paid to the 72,568
district for the fiscal year, the department shall further reduce 72,569
the basic aid to be paid to all other districts as follows: 72,570
(1) Determine the difference between: 72,572
(a) The amount determined under division (F)(1) of this 72,574
section; and 72,575
(b) The amounts by which basic aid payments were reduced 72,577
under divisions (F)(4) and (5) of this section. 72,578
(2) Determine the difference between: 72,580
(a) The total basic revenue of all districts; and 72,582
(b) The sum of the total basic revenue of each district to 72,584
which division (F)(5) of this section applies. 72,585
(3) Reduce each remaining school district's basic aid by 72,587
an amount computed as follows: 72,588
(a) Multiply the amount computed under division (G)(1) of 72,590
this section by the district's total basic revenue; 72,591
(b) Divide the product obtained by the amount computed 72,593
under division (G)(2) of this section. The quotient thus 72,594
obtained shall be the additional amount by which the district's 72,595
basic aid shall be reduced for the fiscal year. 72,596
(H) If the sum of the reductions under divisions (F) and 72,598
(G) of this section equals or exceeds the amount of basic aid 72,599
remaining to be paid to the district for the fiscal year, the 72,600
1618
district shall receive no further basic aid payments in the 72,601
fiscal year and the department shall further reduce the amount of 72,602
basic aid to be paid to the remaining school districts in 72,603
accordance with the procedure set forth in division (G) of this 72,604
section, but substituting the remaining amount of the deficit 72,605
after the first operation of division (G) for the amount 72,606
specified in division (G)(1) of this section, and subtracting the 72,607
total basic revenue of those districts no longer participating in 72,608
the allocation from the amount specified in division (G)(2) of 72,609
this section. 72,610
Section 49.24. Lottery Profits 72,612
(A) There is hereby created the Lottery Profits Education 72,614
Reserve Fund (Fund 018) in the State Treasury. At no time shall 72,615
the amount to the credit of the fund exceed $50,000,000. 72,617
Investment earnings of the Lottery Profits Education Reserve Fund 72,618
shall be credited to the fund. Notwithstanding any provisions of 72,619
law to the contrary, before July 1, 1997, the Director of Budget 72,620
and Management shall transfer $5,000,000 from the Lottery Profits 72,622
Education Reserve Fund, to appropriation item 200-649, Disability 72,623
Access Projects. Notwithstanding any provisions of law to the
contrary, for fiscal years 1998 and 1999, there is hereby 72,625
appropriated to the Department of Education, from the Lottery 72,626
Profits Education Reserve Fund, an amount necessary to make loans 72,627
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the 72,628
Revised Code. All loan repayments from loans made in fiscal 72,629
years 1992, 1993, 1994, 1995, 1996, 1997, or 1998 shall be 72,630
deposited into the credit of the Lottery Profits Education 72,632
Reserve Fund.
(B)(1) On or before July 15, 1997, the Director of Budget 72,634
and Management shall determine the amount by which lottery profit 72,635
transfers received by the Lottery Profits Education Fund for 72,636
fiscal year 1997 exceed $661,200,000. 72,637
After certifying fiscal year 1997 excess lottery profits 72,639
pursuant to this division, and notwithstanding divisions (C) and 72,640
1619
(D) of this section, the Director of Budget and Management shall 72,641
allocate up to $30,000,000 of the certified fiscal year 1997 72,642
excess lottery profits to support appropriations in fiscal year 72,643
1998 and fiscal year 1999 from the Lottery Profits Education Fund
(Fund 017) for appropriation item 200-690, SchoolNet Electrical 72,644
Infrastructure, to be used for the purposes specified in this 72,645
act.
The remaining balance of certified fiscal year 1997 excess 72,647
lottery profits shall be distributed in fiscal year 1998 pursuant 72,648
to divisions (C) and (D) of this section. 72,649
(2) On or before July 15, 1998, the Director of Budget and 72,651
Management shall determine the amount by which lottery profit 72,652
transfers received by the Lottery Profits Education Fund for 72,653
fiscal year 1998 exceed $699,417,200. The amount so determined 72,654
shall be distributed in fiscal year 1999 pursuant to divisions 72,655
(E) and (F) of this section. 72,656
The Director of Budget and Management shall annually 72,658
certify the amounts determined pursuant to this section to the 72,659
Speaker of the House of Representatives and the President of the 72,660
Senate. 72,661
(C) Not later than January 16, 1998, the Department of 72,663
Education, in consultation with the Director of Budget and 72,664
Management, shall determine, based upon estimates, if a 72,665
reallocation of funds as described in the section titled 72,666
"Reallocation of Funds" of this act is required. 72,667
If a reallocation of funds is required, then the 72,669
Superintendent of Public Instruction shall request Controlling 72,670
Board approval for a release of any balances in the Lottery 72,671
Profits Education Fund available for the purpose of this division 72,672
and pursuant to divisions (C)(1) and (2) of the section titled 72,673
"Reallocation of Funds" of this act. Any moneys so released are 72,675
hereby appropriated.
(D) In fiscal year 1998, if the Department of Education 72,677
does not determine that a reallocation of funds is necessary by 72,678
1620
January 16, as provided in division (C) of this section, or if 72,679
there is a balance in the Lottery Profits Education Fund after 72,680
the release of any amount needed to preclude a reallocation of 72,681
funds as provided in division (C) of this section, the moneys in 72,682
the Lottery Profits Education Fund shall be allocated as provided 72,683
in this division. Any amounts so allocated are hereby 72,684
appropriated. 72,685
(1) An amount equal to five per cent of the estimated 72,687
lottery profits of $661,200,000 in fiscal year 1997 or the amount 72,688
remaining in the fund, whichever is the lesser amount, shall be 72,689
transferred to the Lottery Profits Education Reserve Fund within 72,690
the limitations specified in division (A) of this section and be 72,691
reserved and shall not be available for allocation or 72,692
distribution during fiscal year 1998. Any amounts exceeding 72,693
$50,000,000 shall be distributed pursuant to divisions (D)(2), 72,694
(3), and (4) of this section. 72,695
(2) After reserving the required amount under division 72,697
(D)(1) of this section, an amount equal to $25,000,000 or the 72,698
unreserved amount remaining in the fund, whichever is the lesser 72,699
amount, shall be transferred to the Public School Building Fund 72,700
(Fund 021) to be allocated and distributed in accordance with 72,701
Chapter 3318. of the Revised Code. The Department of Education 72,702
shall submit annually a report to the Governor and General 72,703
Assembly on the use of these funds. The report shall include for 72,704
each project, a description of the need for the project, the 72,705
total cost, the state and local share of the cost, and the 72,706
project repayment schedule. 72,707
(3) After the allocation under division (D)(2) of this 72,709
section, an amount equal to $20,000,000 or the unreserved amount 72,710
remaining in the fund, whichever is the lesser amount, shall be 72,711
allocated to the Department of Education to assist school 72,712
districts in complying with federal regulations on asbestos 72,713
abatement and removal and to assist school districts in making 72,714
school buildings accessible to the handicapped. 72,715
1621
(4) After the allocation under division (D)(3) of this 72,717
section, the unreserved amount remaining in the fund shall be 72,718
distributed pursuant to division (G) of this section. 72,719
(E) Not later than January 16, 1999, the Department of 72,721
Education, in consultation with the Director of Budget and 72,722
Management, shall determine, based upon estimates, if a 72,723
reallocation of funds as described in the section titled 72,724
"Reallocation of Funds" of this act is required. 72,725
If a reallocation of funds is required, then the 72,727
Superintendent of Public Instruction shall request Controlling 72,728
Board approval for a release of any balances in the Lottery 72,729
Profits Education Fund available for the purpose of this division 72,730
and pursuant to divisions (C)(1) and (2) of the section titled 72,731
"Reallocation of Funds" of this act. Any moneys so released are 72,733
hereby appropriated.
(F) In fiscal year 1999, if the Department of Education 72,735
does not determine that a reallocation of funds is necessary by 72,736
January 16, as provided in division (E) of this section, or if 72,737
there is a balance in the Lottery Profits Education Fund after 72,738
the release of any amount needed to preclude a reallocation of 72,739
funds as provided in division (E) of this section, the moneys in 72,740
the Lottery Profits Education Fund shall be allocated as provided 72,741
in this division. Any amounts so allocated are hereby 72,742
appropriated. 72,743
(1) An amount equal to five per cent of the estimated 72,745
lottery profits transfers of $699,417,200 in fiscal year 1998 or 72,746
the amount remaining in the fund, whichever is the lesser amount, 72,747
shall be transferred to the Lottery Profits Education Reserve 72,748
Fund within the limitations specified in division (A) of this 72,749
section and be reserved and shall not be available for allocation 72,750
or distribution during fiscal year 1999. Any amounts exceeding 72,751
$50,000,000 shall be distributed pursuant to divisions (F)(2), 72,752
(3), and (4) of this section. 72,753
(2) After reserving the required amount under division 72,755
1622
(F)(1) of this section, an amount equal to $25,000,000 or the 72,756
unreserved amount remaining in the fund, whichever is the lesser 72,757
amount, shall be transferred to the School Building Fund (Fund 72,758
021) to be allocated and distributed in accordance with Chapter 72,759
3318. of the Revised Code. The Department of Education shall 72,760
submit annually a report to the Governor and General Assembly on 72,761
the use of these funds. The report shall include for each 72,762
project, a description of the need for the project, the total 72,763
cost, the state and local share of the cost, and the project 72,764
repayment schedule. 72,765
(3) After the allocation under division (F)(2) of this 72,767
section, an amount equal to $20,000,000 or the unreserved amount 72,768
remaining in the fund, whichever is the lesser amount, shall be 72,769
allocated to the Department of Education to assist school 72,770
districts in complying with federal regulations on asbestos 72,771
abatement and removal and to assist school districts in making 72,772
school buildings accessible to the handicapped. 72,773
(4) After the allocation under division (F)(3) of this 72,775
section, the amount remaining in the fund shall be distributed 72,776
pursuant to division (G) of this section. 72,777
(G) In the appropriate fiscal year, any remaining amounts 72,779
after the operations required by division (D) or (F) of this 72,780
section, respectively, shall be available for distribution in 72,781
accordance with this division. 72,782
(1) As used in this division: 72,784
(a) "State basic aid" means: 72,786
(i) In the case of a school district, the amount computed 72,788
for a district under sections 3317.022, 3317.023, and 3317.025 to 72,789
3317.028 of the Revised Code exclusive of amounts computed under 72,790
division (B) of section 3317.023 of the Revised Code, plus any 72,791
amount computed for the district under section 3317.0212 of the 72,792
Revised Code or under the heading "Basic Aid Guarantee" of this 72,794
act or any amount computed under section 3317.11 or 3317.16 of 72,795
the Revised Code.
1623
(ii) In the case of a 169 board, the amount computed under 72,797
divisions (N) and (O) of section 3317.024 of the Revised Code. 72,798
(b) "ADM" means: 72,800
(i) In the case of a city, local, or exempted village 72,802
school district, the district's average daily membership 72,803
determined pursuant to section 3317.03 of the Revised Code, 72,804
exclusive of those pupils who are enrolled in units for which an 72,805
educational service center governing board receives funding under 72,806
division (N) of section 3317.024 of the Revised Code or who are 72,807
enrolled in a joint vocational school district; 72,808
(ii) In the case of a joint vocational school district, 72,810
the sum of the number of pupils excluded from city, local, or 72,811
exempted village school district ADMs under division (G)(1)(b)(i) 72,813
of this section by virtue of their enrollment in that joint 72,814
vocational school district;
(iii) In the case of an educational service center, the 72,816
sum of the number of pupils excluded from city, local, and 72,817
exempted village school district ADMs under division (G)(1)(b)(i) 72,818
of this section by virtue of their enrollment in a unit for which 72,819
that educational service center governing board receives funding 72,820
under division (N) of section 3317.024 of the Revised Code; 72,822
(iv) In the case of a 169 board, the sum of the pupils 72,824
included in classes and units approved for funding under section 72,825
3317.05 of the Revised Code. 72,826
(c) "169 board" means a county board of mental retardation 72,829
and developmental disabilities.
(2) Ninety-seven and forty-three one-hundredths per cent 72,831
of the amount made available for distribution under this division 72,832
in each fiscal year shall be distributed to city, local, joint 72,833
vocational, and exempted village school districts and educational 72,834
service centers eligible to receive funds pursuant to Chapter 72,835
3317. of the Revised Code and to 169 boards in proportion to the 72,836
percentage that the ADM of each such district, educational 72,837
service center, or board is of the ADM of all such districts, 72,838
1624
educational service centers, and boards and shall be for the use 72,839
of the public schools of the district or educational service 72,840
center and 169 board programs. Two and fifty-seven 72,841
one-hundredths per cent of such amount made available for 72,842
distribution under this division in each fiscal year shall be 72,843
distributed to nonpublic schools for the purposes of section 72,844
3317.063 of the Revised Code. Not later than the first day of 72,845
March of each fiscal year, the Department of Education shall 72,846
compute each school district's, each educational service 72,847
center's, and each 169 board's share for that year of the amount 72,849
to be distributed under this division and shall, subject to 72,850
Controlling Board approval, distribute the shares so determined. 72,851
Amounts distributed to school districts, educational 72,853
service centers, and 169 boards pursuant to this division shall 72,855
be used solely to purchase textbooks and equipment. If funds 72,856
have been appropriated by a board for any purposes permitted 72,857
under this section, the amounts distributed to the district or 72,858
educational service center under this division shall be used for 72,859
additional expenditures for such purposes and shall not be 72,860
substituted for funds previously appropriated by the board. 72,861
(3) Districts, educational service centers, 169 boards, 72,863
and nonpublic schools shall report to the Department of Education 72,865
no later than the last day of May of each fiscal year on the 72,866
usage of funds received under this division. The Department of 72,867
Education shall compile district and educational service center 72,868
data and report on the usage of all funds distributed under this 72,870
division to the Controlling Board by the last day of June of each 72,871
fiscal year. If the department determines that a district or 72,872
educational service center or a 169 board used funds distributed
pursuant to this division for purposes not permitted, it shall 72,874
reduce the district's, educational service center's, or board's 72,875
state basic aid payments for the ensuing fiscal year by the 72,877
amount improperly used.
It is the intent of the General Assembly that moneys 72,879
1625
distributed pursuant to this section shall not be included in any 72,880
spending base calculations when appropriations for the 1999-2000 72,881
biennium are being considered. 72,882
Section 49.25.* As used in this section, "port authority" 72,885
has the same meaning as in division (A)(1) of section 3317.0211 72,886
of the Revised Code.
(A) Notwithstanding division (D) of section 3317.0211 of 72,888
the Revised Code, in lieu of the requirement in that division to 72,889
repay amounts received under that section within two years of the 72,890
end of the fiscal year in which such amounts were received, a 72,891
district may repay such amounts as described in division (B) of 72,892
this section if the Superintendent of Public Instruction finds 72,893
all of the following to be the case: 72,894
(1) The district is required under division (D) of section 72,896
3317.0211 of the Revised Code to repay all outstanding amounts 72,897
received under that section by June 30, 1993; 72,898
(2) The district will be unable to repay the amounts owed 72,900
to the state as a result of the failure of a port authority to 72,901
pay taxes it owes on property in the district; 72,902
(3) The port authority has agreed to make payments of 72,904
outstanding taxes it owes such that, no later than June 30, 1998, 72,905
it will have paid at least $590,000. 72,906
(B) A school district authorized under division (A) of 72,908
this section to make repayments under this division shall, 72,909
whenever it receives any payments of delinquent taxes owed by a 72,910
port authority, pay the sum total of each such payment plus the 72,911
payment amount designated by the Superintendent of Public 72,912
Instruction pursuant to division (C) of this section to the 72,913
Department of Education for deposit to the credit of the Lottery 72,914
Profits Education Fund. Such a school district shall repay the 72,915
total amount owed under division (D) of section 3317.0211 of the 72,916
Revised Code no later than June 30, 1998. 72,917
(C) The Superintendent of Public Instruction shall 72,919
designate a payment amount such that, when combined with the 72,920
1626
amount paid by the port authority, the sum will equal 72,921
approximately one-tenth of the total amount owed to the state 72,922
under division (D) of section 3317.0211 of the Revised Code. 72,923
Section 49.26.* For the school year commencing July 1, 72,925
1997, or the school year commencing July 1, 1998, or both, the 72,926
Superintendent of Public Instruction may waive for the board of 72,927
education of any school district the ratio of teachers to pupils 72,928
in kindergarten through fourth grade required under paragraph 72,929
(A)(3) of rule 3301-35-03 of the Administrative Code if the 72,930
following conditions apply: 72,931
(A) The board of education requests the waiver; 72,933
(B) After the Department of Education conducts an on-site 72,935
evaluation of the district related to meeting the required ratio, 72,936
the board of education demonstrates to the satisfaction of the 72,937
Superintendent of Public Instruction either of the following: 72,938
(1) That providing the facilities necessary to meet the 72,940
required ratio during the district's regular school hours with 72,941
pupils in attendance would impose an extreme hardship on the 72,942
district; 72,943
(2) That the cost of providing the necessary facilities or 72,945
personnel to meet the required ratio would require the board of 72,946
education to take action under division (E) of section 3313.483 72,947
of the Revised Code. 72,948
(C) The board of education provides assurances that are 72,950
satisfactory to the Superintendent of Public Instruction that the 72,951
board will act in good faith to meet the required ratio as soon 72,952
as possible. 72,953
Section 49.27. Notwithstanding section 3317.026 of the 72,955
Revised Code as enacted by this act, the certification required 72,957
to be made by the county auditor under division (B) of that 72,959
section on or before February 28, 1998, shall be for the total of 72,960
the tax value reductions for tax years 1996 and 1997 and for the
amount of refunded taxes resulting from those reductions and 72,961
refunded on or after July 1, 1996, but on or before December 31, 72,962
1627
1997. The Tax Commissioner, in making the determination under 72,964
division (B) of that section, shall determine whether the amount 72,966
of those refunded taxes exceeds three per cent of the taxes 72,967
charged and payable for tax year 1997, and shall proceed as 72,968
otherwise required by that section. 72,970
Section 49.28.* Teacher and Nonteacher Salary Schedules 72,972
(A) As used under this heading: 72,974
(1) "Teachers' salary schedule" means the salary schedule 72,977
adopted pursuant to section 3317.14 of the Revised Code, except 72,978
that it does not include any separate salary level for teachers 72,979
with twelve or more years of service or for any separate level of 72,980
training and experience except those levels separately set forth 72,981
in the salary schedule in section 3317.13 of the Revised Code. 72,982
(2) "Nonteaching salary schedule" means the salary 72,985
schedule adopted pursuant to section 3317.12 of the Revised Code. 72,986
(B) If the salary for any number of years' service at any 72,988
level of training and experience in a board of education's 72,989
teachers' salary schedule that was in effect on June 30, 1994, 72,990
was less than the amount required for that number of years' 72,991
service at that level in order to be in compliance with the 72,992
minimum salary requirements imposed by this act for the 1994-1995 72,993
school year, that board shall increase the salaries for each 72,994
position classification and level of service in the nonteaching 72,995
salary schedule for the 1994-1995 school year as follows: 72,996
(1) Add the salaries at each level of training and 72,998
experience in the teachers' salary schedule that was in effect on 72,999
June 30, 1994. 73,000
(2) At each level of training and experience, increase the 73,002
salary in the June 30, 1994, teachers' salary schedule if an 73,003
increase is required for the 1994-1995 school year in order to 73,004
bring that schedule into compliance with this act, but do not 73,005
increase the salary to more than the minimum amount required to 73,006
be in compliance. 73,007
(3) Recompute division (B)(1) under this heading, 73,009
1628
substituting the increased salaries included in division (B)(2) 73,010
under this heading. 73,011
(4) Divide the sum obtained in division (B)(3) under this 73,013
heading by the sum obtained in division (B)(1) under this 73,014
heading. 73,015
(5) Multiply the salary for each position classification 73,017
and level of service included in the nonteaching salary schedule 73,018
by the quotient obtained in division (B)(4) under this heading. 73,019
No school district affected by this division shall pay any 73,021
nonteaching school employee for the 1994-1995 school year at a 73,022
rate that is less than that to which the employee would be 73,023
entitled if the employee were paid under the adjusted nonteaching 73,025
salary schedule computed under division (B)(5) of this heading. 73,026
Section 49.29.* Notwithstanding any provision of division 73,028
(F) of section 3311.06 of the Revised Code, as last amended by 73,029
Am. Sub. S.B. 140 of the 118th General Assembly, limiting 73,030
interdistrict payments under annexation agreements to amounts 73,031
certified under section 3317.029 of the Revised Code, a party to 73,032
an annexation agreement entered into prior to the effective date 73,033
of this act which contains an agreement to pay, in respect of its 73,034
territory which is annexed territory, an amount which exceeds or 73,035
exceeded the amount certified under section 3317.029 of the 73,036
Revised Code may pay such agreed amount, if the agreement 73,037
expressly states the intention of the parties not to be bound by 73,038
such limitation if so permitted by law. 73,039
Section 49.30.* Notwithstanding any provision of section 73,041
133.06 of the Revised Code, a city, exempted village or local 73,042
school district with territory in a charter county, established 73,043
pursuant to Sections 3 and 4 of Article X, Ohio Constitution, may 73,045
incur net indebtedness during the biennium not exceeding 73,046
$4,000,000 for no more than 20 years in order to purchase and 73,047
renovate a building. The agreement establishing the school 73,048
district's indebtedness may require the application of divisions 73,049
(B), (C), and (E) of section 3317.18 of the Revised Code to the 73,050
1629
repayment of the indebtedness under the agreement.
Section 49.31. There is hereby created the Centralized 73,052
School Purchasing Study Committee, consisting of eight members. 73,053
Two of the members shall be members of the House of 73,054
Representatives appointed by the Speaker of the House of 73,055
Representatives and shall be members of different political 73,056
parties. Two of the members shall be members of the Senate 73,057
appointed by the President of the Senate and shall be members of 73,058
different political parties. Two of the members shall be 73,059
appointed by the Governor. One of the members shall be an 73,060
employee of the Department of Administrative Services selected by 73,061
the Director of Administrative Services and one of the members 73,062
shall be an employee of the Department of Education selected by 73,063
the Superintendent of Public Instruction. 73,064
The Committee shall study the feasibility and advantages or 73,066
disadvantages of school districts centrally purchasing textbooks, 73,068
buses, and computer hardware and software. The Committee shall 73,069
submit a report, with any recommendations, to the Governor, the 73,070
Speaker of the House of Representatives, the President of the 73,071
Senate, and the chairpersons of the committees of the House of 73,072
Representatives and the Senate that review education legislation. 73,073
Section 49.32. Private Treatment Facility Pilot Project 73,075
(A) As used in this section: 73,077
(1) The following are "participating residential treatment 73,079
centers":
(a) Private residential treatment facilities which have 73,081
entered into a contract with the Ohio Department of Youth 73,082
Services to provide services to children placed at the facility 73,083
by the Department and which, in fiscal year 1998 or 1999 or both, 73,085
the department pays through appropriation item 470-401, Care and 73,086
Custody.
(b) Abraxas, in Shelby; 73,088
(c) Paint Creek, in Bainbridge; 73,090
(d) Act One, in Akron; 73,092
1630
(e) Friars Club, in Cincinnati. 73,094
(2) "Education program" means an elementary or secondary 73,096
education program or a special education program and related 73,097
services. 73,098
(3) "Served child" means any child receiving an education 73,100
program pursuant to division (B) of this section. 73,101
(4) "School district responsible for tuition" means a 73,103
city, exempted village, or local school district that, if tuition 73,104
payment for a child by a school district is required under law, 73,105
is the school district required to pay that tuition. 73,106
(5) "Residential child" means a child who resides in a 73,108
participating residential treatment center and who is receiving 73,109
an educational program under division (B) of this section. 73,110
(B) A youth who is a resident of the State of Ohio and has 73,113
been assigned by a juvenile court or other authorized agency to a 73,114
residential treatment facility specified in division (A) of this 73,115
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 73,117
program shall be contingent upon compliance with the criteria 73,118
established for such programs by the Department of Education for 73,119
fiscal years 1998 and 1999. The educational program shall be 73,120
provided by a school district or educational service center, or 73,121
by the residential facility itself. Maximum flexibility shall be 73,122
given to the residential treatment facility to determine the 73,123
provider. In the event that a voluntary agreement cannot be 73,124
reached and the residential facility does not choose to provide 73,125
the educational program, the educational service center in the 73,126
county in which the facility is located shall provide the 73,127
educational program at the treatment center to children under the 73,129
age of twenty-two years residing in the treatment center.
The Ohio Family and Children First Cabinet Council shall 73,131
recommend educational criteria to the Department of Education 73,132
within thirty days of the enactment of this section. Prior to 73,133
September 1, 1998, the Department of Education shall develop 73,134
1631
educational criteria, which take into consideration the 73,135
recommendations of the Family and Children First Cabinet Council. 73,137
(C) Any school district responsible for tuition for a 73,140
residential child shall, notwithstanding any conflicting 73,141
provision of the Revised Code regarding tuition payment, pay 73,142
tuition for the child for fiscal years 1998 and 1999 to the 73,143
education program provider and in the amount specified in this 73,144
division. If there is no school district responsible for tuition 73,145
for a residential child and if the participating residential 73,146
treatment center to which the child is assigned is located in the 73,147
city, exempted village, or local school district that, if the 73,148
child were not a resident of that treatment center, would be the 73,149
school district where the child is entitled to attend school 73,150
under sections 3313.64 and 3313.65 of the Revised Code, that 73,151
school district shall, notwithstanding any conflicting provision 73,152
of the Revised Code, pay tuition for the child for fiscal years 73,153
1998 and 1999 under this division unless that school district is 73,154
providing the educational program to the child under division (B) 73,155
of this section.
A tuition payment under this division shall be made to the 73,157
school district, educational service center, or residential 73,158
treatment facility providing the educational program to the 73,159
child. 73,160
The amount of tuition paid shall be: 73,162
(1) The amount of tuition determined for the district 73,164
under division (A) of section 3317.08 of the Revised Code; 73,165
(2) In addition, for any student receiving special 73,167
education pursuant to an individualized education program as 73,168
defined in section 3323.01 of the Revised Code, a payment for 73,169
excess costs. This payment shall equal the actual cost to the 73,170
school district, educational service center, or residential
treatment facility of providing special education and related 73,171
services to the student pursuant to the student's individualized 73,172
education program, minus the tuition paid for the child under 73,173
1632
division (C)(1) of this section. 73,174
A school district paying tuition under this division shall 73,176
not include the child for whom tuition is paid in the district's 73,177
average daily membership certified under division (A) of section 73,178
3317.03 of the Revised Code.
(D) In each of fiscal years 1998 and 1999, the Department 73,180
of Education shall reimburse, from appropriations made for the 73,181
purpose, a school district, educational service center, or 73,182
residential treatment facility, whichever is providing the 73,183
service, which has demonstrated that it is in compliance with the 73,184
funding criteria for each served child for whom a school district 73,185
must pay tuition under division (C) of this section. The amount 73,186
of this reimbursement in either fiscal year shall be the formula 73,188
amount specified in section 3317.022 of the Revised Code. 73,189
(E) Funds provided to a school district, educational 73,191
service center, or residential treatment facility under this 73,192
section shall be used to supplement, not supplant, funds from 73,193
other public sources for which the school district, service 73,195
center, or residential treatment facility is entitled or 73,196
eligible.
(F) The Department of Education shall track the 73,198
utilization of funds provided to school districts, educational 73,200
service centers, and residential treatment facilities under this 73,201
section and monitor the effect of the funding on the educational 73,202
programs they provide in participating residential treatment 73,203
facilities. The department shall monitor the programs for
educational accountability. 73,204
Section 49.33. In fiscal year 1998 and fiscal year 1999, 73,206
in addition to the limitation specified in division (B)(1) of 73,207
section 5747.03 of the Revised Code requiring at least fifty per 73,208
cent of the income tax collected by the state under section 73,209
5747.02 of the Revised Code be returned to certain subdivisions 73,210
of the state pursuant to Section 9 of Article XII, Ohio 73,211
Constitution, there shall also be a limitation that at least 73,212
1633
seventy-five per cent of the moneys deposited in the general 73,213
revenue fund shall be expended for primary and secondary 73,214
education, including vocational and special education, the Ohio 73,215
School for the Deaf, and the Ohio School for the Blind and for 73,216
the purpose of making payments to school districts as required by 73,218
section 323.156 and divisions (F) and (G) of section 321.24 of 73,219
the Revised Code.
Section 49.34. The Superintendent of Public Instruction 73,221
shall contract with an independent research entity to develop a 73,222
methodology and research design for an evaluation of the pilot 73,224
project approved pursuant to section 3313.975 of the Revised 73,225
Code. The independent research entity shall consult with the 73,226
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 73,227
shall consist of two parts. The first part shall be a formative 73,228
evaluation examining the implementation of the program, which 73,229
shall be completed by December 31, 1997. The second part shall 73,230
be a comprehensive evaluation of the results of the program, 73,231
which shall be completed by September 1, 1999. The comprehensive 73,233
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 73,234
education, and standardized test scores; parental involvement; 73,235
the school district's ability to provide services to district 73,236
students; and the availability of alternative educational 73,237
opportunities. The evaluation shall also study the economic 73,238
impact of scholarships on the school district. 73,239
Section 49.35. No school district shall be required to 73,241
repay the Department of Education any amounts distributed to the 73,243
district in calendar year 1991 to cover desegregation costs of 73,244
the district for fiscal year 1990, which amounts were paid to the 73,245
district as a result of a United States District Court order, and 73,247
which court order was subsequently reversed by the United States
Court of Appeals. 73,248
Section 49.36. No later than January 1, 1998, the 73,250
1634
Department of Education shall make recommendations to the General 73,251
Assembly on implementing performance-based incentives for school 73,252
districts. The basis of the recommendations shall be derived 73,253
from the following criteria: proficiency test scores, graduation 73,255
rates, staff attendance, parental involvement, and student 73,256
attendance and dropout rates. Recommendations shall include 73,257
methods of measuring the criteria that assign a higher weight to 73,258
positive results produced by school districts that spend less per 73,259
pupil. The recommendations also shall include suggested methods 73,260
of rewarding school districts with high or improved performance. 73,261
The recommendations shall provide a range of options for 73,262
rewarding performance or improvement and a cost estimate of each 73,263
option.
Section 49.37. (A) On the effective date of this section, 73,265
the Technology Advisory Committee, created by section 3301.80 of 73,266
the Revised Code as it existed prior to its amendment by this 73,267
act, is hereby abolished.
(B) Prior to August 1, 1997, the initial members of the 73,269
Information, Learning, and Technology Authority, created by 73,270
section 3301.80 of the Revised Code as amended by this act, shall 73,271
be appointed and their terms of office shall commence on August 73,272
1, 1997.
Section 49.38. As used in this section, "technology 73,274
programs" means the programs, office, and services described 73,275
under sections 3301.075, 3301.0714, 3301.80, and 3317.51 of the 73,276
Revised Code.
Upon appointment of all the initial members of the 73,278
Information, Learning, and Technology Authority created under 73,279
section 3301.80 of the Revised Code as amended by this act, but 73,280
not later than 60 days after the effective date of this section, 73,281
the Superintendent of Public Instruction is hereby authorized to 73,282
transfer and shall transfer to the Information, Learning, and 73,283
Technology Authority all of the following: 73,284
(A) The equipment, records, files, effects, and other 73,286
1635
personal property of the Department of Education that are used in 73,287
the administration of any of the technology programs; 73,288
(B) The employees of the Department who administer any of 73,290
the technology programs; 73,291
(C) The contractual obligations, assets, and liabilities 73,293
of the Department that are related to the administration of any 73,294
of the technology programs. 73,295
The Authority is thereupon and thereafter successor to, 73,297
assumes the obligations of, and otherwise constitutes the 73,298
continuation of the Department for purposes of the technology 73,299
programs.
Any business pertaining to the technology programs that was 73,301
commenced but not completed by the Department on the effective 73,302
date of this section shall be completed by the Authority in the 73,303
same manner, and with the same effect, as if completed by the 73,304
Department. No validation, cure, right, privilege, remedy, 73,305
obligation, or liability is lost or impaired by reason of the 73,306
transfer required by this section and any such validation, cure,
right, privilege, remedy, obligation, or liability shall be 73,307
administered by the Authority. All of the Department's rules, 73,308
orders, and determinations pertaining to the technology programs 73,309
continue in effect as rules, orders, and determinations of the 73,310
Authority, until modified or rescinded by the Authority. If 73,311
necessary to ensure the integrity of the numbering of the 73,312
Administrative Code, the Director of the Legislative Service
Commission shall renumber the Department's rules pertaining to 73,313
the technology programs to reflect their transfer to the 73,314
Authority.
All employees transferred to the Authority pursuant to 73,316
division (B) of this section shall retain their respective civil 73,317
service classifications and status, and, notwithstanding section 73,318
124.13 of the Revised Code, all vacation time and other benefits 73,319
earned by those employees of the Department shall be deemed to 73,320
have been earned by them as employees of the Authority. Any such
1636
employee who, at the time of transfer, has a temporary or 73,321
provisional appointment shall be transferred subject to the same 73,322
right of removal, examination, or termination as though the 73,323
transfer was not made.
Wherever the Department is referred to in any law, 73,325
contract, or other document pertaining to the technology 73,326
programs, the reference shall be deemed to refer to the 73,327
Authority.
No action or proceeding pertaining to the technology 73,329
programs pending on the effective date of this act is affected by 73,330
the transfer, and any such action or proceeding shall be 73,331
prosecuted or defended in the name of the Authority. In all such 73,332
actions and proceedings, the Authority upon application to the 73,333
court shall be substituted as a party.
Section 49.39. By December 31, 2002, the Legislative 73,335
Office of Education Oversight shall complete an evaluation of the 73,336
assets and liabilities to the state's system of educational 73,337
options that result from the establishment of community schools 73,338
under this act. The evaluation shall at least include an
assessment of any advantages to providing a greater number of 73,339
educational choices to Ohio parents, any detrimental impacts on 73,340
the state education system or on individual school districts, and 73,342
the effects of attending community schools on the academic 73,343
achievement of students.
Section 49.40. Urban Initiative Funding 73,345
(A) The following amounts within the line items specified 73,347
below are hereby identified as "urban initiative moneys": line 73,348
item 200-501, School Foundation Basic Allowance, $23,000,000 in 73,350
fiscal year 1998 and $63,800,000 in fiscal year 1999 for extended 73,351
and full-day kindergarten; line item 200-411, Family and Children 73,352
First, $3,900,000 in fiscal year 1998 and $6,300,000 in fiscal
year 1999, for school readiness resource centers; line item 73,353
200-507, Vocational Education, $1,500,000 in fiscal year 1998 and 73,354
$1,800,000 in fiscal year 1999 for the Jobs for Ohio Graduates 73,355
1637
program, and $900,000 in each fiscal year for the graduation, 73,356
reality and dual role skills program; line item 200-417, 73,357
Professional Development, $6,000,000 in fiscal year 1998 for
urban leadership academies; and line item 200-541, Peer Review, 73,358
$1,840,000 in fiscal year 1998 and $3,640,000 in fiscal year 1999 73,359
for teacher peer review.
(B) Districts shall be entitled to receive the "urban 73,361
initiative money" described in division (A) of this section 73,362
unless they do not meet criteria in divisions (C)(1) and (2) of 73,363
this section by the date specified. If a district does not meet 73,364
the criteria, "urban initiative moneys" shall cease to be
provided on a monthly basis by the Department of Education. 73,365
(C) In order to receive "urban initiative moneys" as 73,367
described in division (A) of this section, "big eight" school 73,369
districts and "urban school districts" as identified in section 73,370
3317.02 of the Revised Code shall meet the following criteria: 73,371
(1) Within six months upon receiving the recommendations 73,373
of the Auditor of State's performance audit, or, in the case of 73,374
the Cleveland City School District and the Youngstown City School 73,376
District, by October 30, 1997, the board of education or other 73,377
managing authority of the district must adopt a plan to promote 73,378
economy and efficiency in operations consistent with the
recommendations of such performance audit. The plan must be 73,379
approved by the Superintendent of Public Instruction, in 73,380
consultation with the Director of Budget and Management. 73,381
(2) The board of education or other managing authority of 73,383
the district must implement an academic performance benchmarking 73,384
program that is approved by the State Board of Education by May 73,385
30, 1998. The plan must contain baseline data on performance 73,386
indicators including graduation rates, attendance rates, dropout 73,387
rates, and levels of literacy and basic competency as assessed
under sections 3301.0710 and 3301.0711 of the Revised Code. The 73,388
plan must establish an action plan for achieving enhanced 73,389
performance levels on all indicators.
1638
Section 49.41. The Department of Education shall adopt 73,391
rules by which it may grant authorization to a child in grades 73,392
one through eight that allows the child to participate in the 73,393
Post-Secondary Enrollment Options Program under Chapter 3365. of 73,394
the Revised Code. The rules shall include the conditions for 73,395
participation in the Program by such a child, including 73,396
conditions under which the parent or guardian of the child may be 73,398
required to accompany the child to the course. The rules may 73,399
include an exemption from the limitations of division (A) of 73,400
section 3365.06 of the Revised Code.
Section 49.42. The amendments to sections 3365.01, 73,402
3365.02, 3365.021, 3365.03, and 3365.06 of the Revised Code by 73,404
this act shall first apply to ninth and tenth grade students 73,405
enrolling in college courses in the school year that begins July 73,406
1, 1998.
Section 49.43. The Office of Information, Learning, and 73,408
Technology Services shall effectively implement the clearinghouse 73,410
established under section 3301.801 of the Revised Code not later 73,411
than December 1, 1997. The office may contract, collaborate, or 73,412
otherwise cooperate with other agencies or organizations in order 73,413
to meet this requirement.
Section 49.44. There is hereby created the Ohio Schools 73,415
Technology Implementation Task Force composed of six voting 73,416
members, three of whom shall be members of the Senate appointed 73,417
by the President of the Senate and three of whom shall be members 73,419
of the House of Representatives appointed by the Speaker of the 73,420
House of Representatives. Not more than two members from each 73,421
house shall be members of the same political party. From among
these six voting members, the President of the Senate shall 73,422
appoint a chair and the Speaker of the House of Representatives 73,423
shall appoint a vice-chair of the Task Force. The Task Force 73,424
shall include as ex officio nonvoting members the Superintendent 73,425
of Public Instruction or the Superintendent's designee; the 73,426
Directors of Budget and Management, Administrative Services, and 73,427
1639
the Office of Information, Learning, and Technology Services or 73,428
their designees; a representative designated by the head of the 73,429
Ohio Education Computer Network; a representative designated by 73,430
the Chairperson of the Public Utilities Commission of Ohio; and a 73,431
representative appointed by the Chairperson of the Ohio Education 73,432
Broadcasting Network Commission. The voting members may, by 73,433
majority vote, elect to include any number of additional 73,434
nonvoting members on the Task Force. 73,435
The Legislative Service Commission and the Legislative 73,437
Budget Office of the Legislative Service Commission shall provide 73,438
any staffing assistance requested by the Task Force. 73,439
The Task Force shall develop recommendations for a 73,441
comprehensive framework for coordinating the planning and 73,442
implementation of technology in Ohio schools and issue a report 73,443
not later than January 31, 1998. Upon issuing its report, the 73,444
Task Force shall cease to operate. 73,445
Section 49.45. (A) There is hereby created the Teacher 73,448
Professional Development Task Force. The purpose of the task 73,449
force shall be to develop a comprehensive structure for the
delivery of continuing professional development for teachers 73,450
employed in the state's primary, secondary, vocational, and 73,451
special educational system. On or before January 31, 1998, the 73,452
task force shall issue to the President of the Senate, the 73,453
Speaker of the House of Representatives, and the State 73,454
Superintendent of Public Instruction a report outlining a 73,455
comprehensive structure for the delivery of continuing 73,456
professional development to such school teachers. On the date of 73,458
the issuance of its report, the task force is abolished.
(B) The task force shall be composed of six legislators, 73,461
three appointed by the President of the Senate and three by the 73,462
Speaker of the House of Representatives. No more than two of the 73,463
appointed members from each house shall be members of the same 73,464
political party. From among these six appointed members, the 73,465
President of the Senate shall appoint a chair and the Speaker of 73,466
1640
the House of Representatives shall appoint a vice-chair of the 73,467
Task Force. Ex-officio nonvoting members of the task force shall 73,468
include the State Superintendent of Public Instruction, or the 73,469
Superintendent's designee; the Director of Budget and Management, 73,470
or the Director's designee; a member appointed by the head 73,471
official of the Ohio State School Boards Association; a member 73,472
appointed by the head official of the Ohio Association of 73,473
Educational Service Center Superintendents; a member appointed by 73,474
the head official of the Ohio Education Association; a member 73,475
appointed by the head official of the Ohio Federation of 73,476
Teachers; a member appointed by the head official of the Buckeye 73,477
Association of School Administrators; and two members of the 73,478
institutions of higher education that have teacher education 73,479
colleges, one member of which shall be from such a public 73,480
institution appointed by the Chancellor of the Board of Regents 73,481
and the other shall be from such a private institution appointed 73,482
by the head official of the Association of Independent Colleges 73,483
and Universities of Ohio. The voting members of the task force 73,484
may appoint, by a majority vote, additional ex-officio nonvoting 73,485
members to serve on the task force. The Legislative Service 73,486
Commission and the Legislative Budget Office shall provide staff 73,487
and services to the task force. 73,488
Section 49.46. (A) Notwithstanding anything to the 73,490
contrary in Chapter 3318. of the Revised Code, the Ohio School 73,492
Facilities Commission shall first consider for approval and 73,493
funding, without regard to division (B)(2) of section 3318.02 of 73,495
the Revised Code, projects as defined under section 3318.01 of
the Revised Code proposed by a city, exempted village, or local 73,497
school district that notifies and certifies in writing to the 73,498
Commission that the district meets all of the following
requirements: 73,499
(1) The district is contained in the first quartile of the 73,501
most recent ranking of school districts according to adjusted 73,502
valuation per pupil compiled pursuant to section 3318.011 of the 73,504
1641
Revised Code;
(2) The district has an assessment of its classroom 73,506
facility needs performed by a professional person or firm 73,507
qualified to assess the facility needs of the district; 73,508
(3) The proposed project has been developed with input 73,510
from the community and has been approved by the district's 73,511
Business Advisory Council.
(B) For a school district proposing a project which meets 73,513
all of the requirements of division (A) of this section, the Ohio 73,514
School Facilities Commission shall reserve and encumber an amount 73,515
equal to the state's portion of the basic project cost as defined 73,516
under section 3318.01 of the Revised Code and computed in the 73,517
same manner as if the project were approved by the Commission 73,518
pursuant to the procedures specified under sections 3318.02 to
3318.05 of the Revised Code. The Commission shall reserve and 73,519
encumber such amount immediately upon the district's meeting all 73,520
such requirements and shall not release the amount for other 73,521
projects unless, within one year after the amount was reserved 73,522
and encumbered, a majority affirmative vote is not obtained on 73,523
the tax levies, or on the bond issue and tax levies, as required 73,525
by section 3318.06 of the Revised Code. The Commission and the
school district shall comply with all other applicable 73,527
requirements of Chapter 3318. of the Revised Code with respect to 73,528
the completion, utilization, and payment for the classroom 73,529
facilities acquired or constructed under the project as if the 73,530
project were approved pursuant to the procedures specified under 73,531
sections 3318.02 to 3318.05 of the Revised Code.
Section 49.47. Notwithstanding sections 3313.974 to 73,533
3313.979 of the Revised Code, in fiscal years 1998 and 1999, no 73,534
scholarships shall be awarded under such sections except to 73,535
students who received scholarships in fiscal year 1997. 73,536
Section 50. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 73,538
NETWORK COMMISSION 73,540
General Revenue Fund 73,542
1642
GRF 374-100 Personal Services $ 1,478,205 $ 1,493,738 73,547
GRF 374-200 Maintenance $ 833,608 $ 854,448 73,551
GRF 374-300 Equipment $ 291,150 $ 299,885 73,555
GRF 374-401 Statehouse News 73,557
Bureau $ 261,038 $ 267,565 73,560
GRF 374-404 Telecommunications 73,562
Operating Subsidy $ 5,186,691 $ 5,154,000 73,564
TOTAL GRF General Revenue Fund $ 8,050,692 $ 8,069,636 73,567
General Services Fund Group 73,570
140 374-601 Fees and Grants $ 149,972 $ 149,972 73,575
463 374-601 Fees and Grants $ 255,000 $ 240,000 73,579
4F3 374-602 Project Equity $ 1,250,000 $ 1,250,000 73,583
TOTAL GSF General Services 73,584
Fund Group $ 1,654,972 $ 1,639,972 73,587
TOTAL ALL BUDGET FUND GROUPS $ 9,705,664 $ 9,709,608 73,590
Statehouse News Bureau 73,593
The foregoing appropriation item 374-401, Statehouse News 73,595
Bureau, shall be used solely to support the operations of the 73,596
Ohio Statehouse News Bureau. 73,597
Telecommunications Operating Subsidy 73,599
The foregoing appropriation item, 374-404, 73,601
Telecommunications Operating Subsidy, shall be distributed by the 73,602
Ohio Educational Telecommunications Network Commission to Ohio's 73,603
qualified public educational television stations, radio reading 73,604
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 73,605
allocation developed by the Ohio Educational Telecommunications 73,606
Network Commission.
Section 51. ELC OHIO ELECTIONS COMMISSION 73,608
General Revenue Fund 73,610
GRF 051-321 Operating Expenses $ 431,571 $ 441,792 73,615
TOTAL GRF General Revenue Fund 73,618
$ 431,571 $ 441,792 73,621
State Special Revenue Fund Group 73,623
1643
4P2 051-601 Ohio Elections 73,626
Commission Fund $ 100,000 $ 100,000 73,629
TOTAL SSR State Special 73,630
Revenue Fund Group $ 100,000 $ 100,000 73,633
TOTAL ALL BUDGET FUND GROUPS $ 531,571 $ 541,792 73,636
Section 52. FUN STATE BOARD OF EMBALMERS AND FUNERAL 73,639
DIRECTORS 73,640
General Services Fund Group 73,642
4K9 881-609 Operating $ 411,231 $ 420,298 73,647
TOTAL GSF General Services 73,648
Fund Group $ 411,231 $ 420,298 73,651
TOTAL ALL BUDGET FUND GROUPS $ 411,231 $ 420,298 73,655
Section 53. ERB STATE EMPLOYMENT RELATIONS BOARD 73,658
General Revenue Fund 73,660
GRF 125-321 Operating Expenses $ 3,479,365 $ 3,548,952 73,665
TOTAL GRF General Revenue Fund $ 3,479,365 $ 3,548,952 73,668
General Services Fund Group 73,671
440 125-601 Transcript and Other $ 18,569 $ 19,089 73,676
572 125-603 Research and Training $ 48,424 $ 49,751 73,680
TOTAL GSF General Services 73,681
Fund Group $ 66,993 $ 68,840 73,684
TOTAL ALL BUDGET FUND GROUPS $ 3,546,358 $ 3,617,792 73,687
Transcript and Other 73,690
The foregoing appropriation item 125-601, Transcript and 73,692
Other, shall be used by the State Employment Relations Board for 73,693
costs associated with providing hearing transcripts, publications 73,694
and periodicals. Revenues to the Transcript and Other Fund (Fund 73,695
440) shall consist of fees charged for transcripts, publications 73,696
and periodicals. The fees charged for transcripts, publications 73,697
and periodicals shall be in amounts sufficient to cover expenses 73,698
associated with producing and providing them. 73,699
Research and Training 73,701
The foregoing appropriation item 125-603, Research and 73,703
Training, shall be used for costs related to planning, organizing 73,704
1644
and conducting training seminars and for costs associated with 73,705
compiling clearinghouse data. Revenues to the Research and 73,706
Training Fund (Fund 572) shall consist of fees received from 73,707
seminar participants and revenues received from the sale of 73,708
clearinghouse data. 73,709
Section 54. BES BUREAU OF EMPLOYMENT SERVICES 73,711
General Revenue Fund 73,713
GRF 795-404 Migrant Rest Center 73,716
Operating $ 167,718 $ 171,911 73,718
GRF 795-406 Workforce Development $ 339,450 $ 349,634 73,722
GRF 795-407 OBES Operations $ 11,500,000 $ 16,500,000 73,726
GRF 795-408 Labor Market 73,728
Projections $ 174,765 $ 179,133 73,730
GRF 795-410 Women's Programs $ 460,494 $ 472,006 73,734
GRF 795-411 Customer Service 73,736
Centers $ 1,004,500 $ 1,029,613 73,738
GRF 795-412 Prevailing Wage/Min. 73,740
Wage & Minors $ 2,311,301 $ 2,369,084 73,742
GRF 795-413 OSHA Match $ 129,721 $ 132,964 73,746
GRF 795-414 Apprenticeship 73,748
Council $ 234,548 $ 240,281 73,750
GRF 795-416 Veterans' Programs $ 70,000 $ 70,000 73,754
GRF 795-417 Public Employment 73,756
Risk Reduction
Program $ 1,286,887 $ 1,319,058 73,758
TOTAL GRF General Revenue Fund $ 17,679,384 $ 22,833,684 73,761
Federal Special Revenue Fund Group 73,764
331 795-601 Unemployment 73,767
Compensation
Administration $ 110,977,523 $ 110,844,684 73,769
365 795-602 Job Training Program $ 92,617,786 $ 92,617,786 73,773
349 795-614 OSHA Enforcement $ 1,228,422 $ 1,314,055 73,777
TOTAL FED Federal Special Revenue 73,778
Fund Group $ 204,823,731 $ 204,776,525 73,781
1645
State Special Revenue Fund Group 73,784
4A9 795-607 Unemployment 73,787
Compensation Special
Administrative Fund $ 15,004,248 $ 8,018,000 73,789
4G1 795-610 Interagency Programs $ 1,391,000 $ 1,488,370 73,793
4R3 795-609 Banking Fees $ 550,605 $ 566,022 73,797
557 795-613 Apprenticeship 73,799
Council Conference $ 15,000 $ 15,000 73,801
5A5 795-616 Unemployment 73,803
Compensation Benefit
Automation $ 6,344,736 $ 6,522,389 73,805
TOTAL SSR State Special Revenue 73,806
Fund Group $ 23,305,589 $ 16,609,781 73,809
TOTAL ALL BUDGET FUND GROUPS $ 245,808,704 $ 244,219,990 73,812
Evaluation of Local Office Closings 73,815
Before closing any local offices, the Bureau of Employment 73,818
Services shall re-evaluate which offices it will close. 73,819
Considering fiscal year 1998 and 1999 appropriation amounts, the 73,820
Bureau of Employment Services shall determine which offices to 73,821
close based upon the following criteria: (A) number of 73,822
unemployment insurance claims filed per office; (B) number of
other services provided per office; (C) accessibility of each 73,823
office to public transportation; (D) feasibility of relocating 73,825
any existing offices. This evaluation shall be completed by 73,826
October 1, 1997, and reported to the President of the Senate and 73,827
the Speaker of the House of Representatives at that time. 73,828
Administration Support Services 73,830
The Administrator of Employment Services may assess 73,832
programs of the bureau for the cost of administration, support, 73,833
and technical services. Such an assessment shall be based upon a 73,834
plan submitted to and approved by the Office of Budget and 73,835
Management by the first day of August of each fiscal year, and 73,836
shall contain the characteristics of administrative ease and 73,837
uniform application. A program's payments shall be transferred 73,839
1646
via intrastate transfer voucher to the Unemployment Compensation 73,841
Administration Fund (Fund 331). 73,843
Employer Surcharge 73,845
The surcharge and the interest on the surcharge amounts due 73,847
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 73,848
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 73,849
General Assembly shall be assessed, collected, accounted for, and 73,850
made available to the Administrator of the Bureau of Employment 73,851
Services in the same manner as are the surcharge and interest 73,852
amounts pursuant to section 4141.251 of the Revised Code. 73,853
Unemployment Compensation Benefit Reserve Fund 73,855
Upon certification by the Administrator of the Bureau of 73,857
Employment Services to the Director of Budget and Management, all 73,858
cash available in the Unemployment Compensation Benefit Reserve 73,859
Fund in the state treasury shall be transferred to the fund of 73,860
the same name held in the custody of the Treasurer of State. The
amounts transferred are hereby appropriated. 73,861
Section 55. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 73,863
General Services Fund Group 73,865
4K9 892-609 Operating $ 825,252 $ 843,678 73,870
TOTAL GSF General Services 73,871
Fund Group $ 825,252 $ 843,678 73,874
TOTAL ALL BUDGET FUND GROUPS $ 825,252 $ 843,678 73,877
Section 56. EBR ENVIRONMENTAL BOARD OF REVIEW 73,880
General Revenue Fund 73,882
GRF 172-100 Personal Services $ 322,583 $ 325,062 73,887
GRF 172-200 Maintenance $ 63,857 $ 65,581 73,891
GRF 172-300 Equipment $ 3,400 $ 2,100 73,895
TOTAL GRF General Revenue Fund $ 389,840 $ 392,743 73,898
TOTAL ALL BUDGET FUND GROUPS $ 389,840 $ 392,743 73,901
Section 57. EPA ENVIRONMENTAL PROTECTION AGENCY 73,904
General Revenue Fund 73,906
GRF 716-321 Central 73,909
Administration $ 3,688,765 $ 3,780,221 73,911
1647
GRF 717-321 Water Quality 73,913
Planning and
Assessment $ 7,783,614 $ 8,133,514 73,915
GRF 718-321 Ground Water $ 1,035,597 $ 1,098,797 73,919
GRF 719-321 Air Pollution Control $ 2,333,893 $ 2,598,946 73,923
GRF 721-321 Public Water System 73,925
Supervision $ 2,857,608 $ 2,939,948 73,927
GRF 724-321 Pollution Prevention $ 660,799 $ 630,799 73,931
GRF 725-321 Laboratory $ 1,116,505 $ 1,145,330 73,935
GRF 726-321 Corrective Actions $ 274,462 $ 281,279 73,939
GRF 715-501 Local Air Pollution 73,941
Control $ 1,398,489 $ 1,437,647 73,943
GRF 715-503 Science Advisory 73,945
Program $ 500,000 $ 500,000 73,947
GRF 715-504 Special Sanitary 73,949
District Distress
Fund $ 3,000,000 $ 0 73,951
TOTAL GRF General Revenue Fund $ 24,649,732 $ 22,546,481 73,954
General Services Fund Group 73,957
199 715-602 Laboratory Services $ 700,000 $ 700,000 73,962
4A1 715-640 Sale of Goods and 73,964
Services $ 3,148,826 $ 3,148,680 73,966
TOTAL GSF General Services 73,967
Fund Group $ 3,848,826 $ 3,848,680 73,970
Federal Special Revenue Fund Group 73,973
3F2 715-630 State Revolving Loan 73,976
Fund - Operating
Expenses $ 3,733,024 $ 3,821,161 73,978
3F3 715-632 PCB Toxics $ 3,584,637 $ 3,571,485 73,982
3F4 715-633 Water Quality 73,984
Management $ 934,238 $ 624,238 73,986
3F5 715-641 Nonpoint Source 73,988
Pollution Management $ 4,339,154 $ 4,197,440 73,990
3J1 715-620 Urban Stormwater $ 461,309 $ 589,109 73,994
1648
3J5 715-615 Maumee River $ 1,183,511 $ 600,734 73,998
3K2 715-628 Clean Water Act 106 $ 2,535,049 $ 2,784,249 74,002
3K3 715-637 DOE Agreement in 74,004
Principle $ 1,932,687 $ 1,988,973 74,006
3K4 715-634 DOD Base 74,008
Realignment/Closure
Grant $ 861,500 $ 861,500 74,010
3K6 715-639 Remedial Action Plan $ 510,493 $ 723,887 74,014
3M5 715-652 Haz Mat Transport 74,016
Uniform Safety $ 268,745 $ 276,707 74,018
3N1 715-655 Pollution Prevention 74,020
Grants $ 90,000 $ 90,000 74,022
3N4 715-657 DOE Cost Recovery 74,024
Grants $ 3,098,920 $ 3,137,675 74,026
352 715-611 Wastewater Pollution $ 349,132 $ 395,000 74,030
353 715-612 Public Water Supply $ 2,308,500 $ 2,308,500 74,034
354 715-614 Hazardous Waste 74,036
Management $ 4,678,123 $ 4,678,123 74,038
356 715-616 Indirect Costs $ 3,600,000 $ 3,600,000 74,042
357 715-619 Air Pollution Control $ 3,074,005 $ 2,876,047 74,046
362 715-605 Underground Injection 74,048
Control $ 119,000 $ 119,000 74,050
TOTAL FED Federal Special Revenue 74,051
Fund Group $ 37,662,027 $ 37,243,828 74,054
State Special Revenue Fund Group 74,057
4C3 715-647 Central Support 74,060
Indirect $ 7,254,006 $ 7,437,442 74,062
4D7 715-603 Natural Resources 74,064
Damage Assessment $ 86,610 $ 86,610 74,066
4G3 715-618 Jennison Wright 74,068
Cleanup $ 140,352 $ 140,352 74,070
4J0 715-638 Underground Injection 74,072
Control $ 321,139 $ 329,488 74,074
4K2 715-648 Clean Air $ 1,863,000 $ 1,863,000 74,078
1649
4K3 715-649 Solid Waste $ 9,960,931 $ 9,037,732 74,082
4K4 715-650 Surface Water 74,084
Protection $ 6,985,194 $ 6,985,194 74,086
4K5 715-651 Drinking Water 74,088
Protection $ 4,799,522 $ 3,945,546 74,090
4P5 715-654 Cozart Landfill $ 130,000 $ 130,000 74,094
4R5 715-656 Scrap Tire Management $ 4,255,459 $ 4,243,359 74,098
4R9 715-658 Voluntary Action 74,100
Program $ 1,345,567 $ 1,269,754 74,102
4T3 715-659 Title V Permit 74,104
Program $ 11,000,000 $ 10,900,000 74,106
4U7 715-660 Construction & 74,108
Demolition Debris $ 300,160 $ 300,160 74,110
4V8 715-663 Microdot Settlement $ 40,000 $ 0 74,114
500 715-608 Immediate Removal 74,116
Special Account $ 591,800 $ 599,639 74,118
503 715-621 Hazardous Waste 74,120
Facility Management $ 7,580,537 $ 7,901,421 74,122
503 715-661 Hazardous Waste 74,124
Facility Cleanup $ 3,123,667 $ 3,173,266 74,126
503 715-662 Hazardous Waste 74,128
Facility Board $ 796,573 $ 810,122 74,130
505 715-623 Hazardous Waste 74,132
Clean-up $ 18,444,873 $ 17,852,771 74,134
6A1 715-645 Environmental 74,136
Education $ 2,119,976 $ 2,125,114 74,138
602 715-626 Motor Vehicle 74,140
Inspection and
Maintenance $ 2,301,013 $ 2,390,569 74,142
644 715-631 ER Radiological 74,144
Safety $ 198,095 $ 190,451 74,146
660 715-629 Infectious Wastes 74,148
Management $ 179,630 $ 120,480 74,150
678 715-635 Air Toxic Release $ 272,236 $ 290,016 74,154
1650
679 715-636 Emergency Planning $ 1,799,000 $ 1,849,372 74,158
676 715-642 Water Pollution 74,160
Control Loan
Administration $ 0 $ 1,060,000 74,162
696 715-643 Air Pollution Control 74,164
Administration $ 740,000 $ 750,000 74,166
699 715-644 Water Pollution 74,168
Control
Administration $ 500,000 $ 500,000 74,170
TOTAL SSR State Special Revenue 74,171
Fund Group $ 87,129,340 $ 86,281,858 74,174
TOTAL ALL BUDGET FUND GROUPS $ 153,289,925 $ 149,920,847 74,177
Cash Transfer from Hazardous Waste Funds to Solid Waste 74,180
Fund
Notwithstanding any other provision of law to the contrary, 74,182
the Director of Budget and Management shall transfer $882,619 74,183
cash from Fund 503, Hazardous Waste Facility Management and 74,184
$882,619 from Fund 505, Hazardous Waste Clean-up, to Fund 4K3, 74,186
Solid Waste.
Special Sanitary District Distress Fund 74,188
Of the foregoing appropriation item, GRF 715-504, Special 74,190
Sanitary District Distress Fund, $3,000,000 in fiscal year 1998 74,191
shall be used exclusively to abate or correct unsanitary 74,192
conditions in a special sanitary district created under section 74,193
1541.21 of the Revised Code concerning which the Director of 74,194
Environmental Protection has issued proposed Administrative 74,195
Orders prior to April 1994, but has not issued Final 74,196
Administrative Orders. The Special Sanitary District Distress 74,197
Fund shall be abolished on June 30, 1999, or whenever the balance 74,199
in the fund is $0, whichever occurs earlier.
Area-Wide Planning Agencies 74,201
Of the foregoing appropriation item, GRF 717-321, Water 74,203
Quality Planning and Assessment, $450,000 in fiscal year 1998 and 74,204
$450,000 in fiscal year 1999 shall be divided evenly between the 74,205
1651
following six area-wide planning agencies: Eastgate Development 74,206
and Transportation Agency, Toledo Metropolitan Area Council of 74,207
Governments, Northeast Ohio Four County Regional Planning and 74,208
Development Organization, Northeast Ohio Areawide Coordinating 74,209
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 74,210
and Miami Valley Regional Planning Commission. 74,211
Hazardous Waste Study Committee 74,213
The Director of Environmental Protection shall review the 74,215
funding needs and program activities of the Division of Hazardous 74,217
Waste Management and the Division of Emergency and Remedial 74,218
Response and present that information to an advisory committee 74,219
established by the Director. The committee shall be composed of 74,220
three representatives of the Environmental Protection Agency, two 74,221
representatives of permitted hazardous waste facilities, two 74,222
representatives of industry involved in emergency and remedial 74,223
response, and two representatives of state-wide environmental 74,224
advocacy organizations. The committee shall make recommendations 74,225
to the Director regarding funding needs and program activities. 74,226
The Director shall report the committee's recommendations to the 74,227
Speaker of the House of Representatives and the President of the 74,228
Senate not later than October 1, 1998. 74,229
Scrap Tire Program 74,231
Of the foregoing appropriation item Fund 4R5, 715-656 Scrap 74,233
Tire Management, $400,000 in fiscal year 1998 and $400,000 in 74,234
fiscal year 1999 shall be used to fund a tire development and 74,235
reprocessing project. 74,236
Harrison County Garage Environmental Assessment 74,238
Of the foregoing appropriation item GRF 724-321, Pollution 74,241
Prevention, $30,000 in fiscal year 1998 shall be used to fund the 74,242
Harrison County Garage environmental assessment.
Section 58. ETH OHIO ETHICS COMMISSION 74,244
General Revenue Fund 74,246
GRF 146-100 Personal Services $ 974,594 $ 999,737 74,251
GRF 146-200 Maintenance $ 201,828 $ 213,358 74,255
1652
GRF 146-300 Equipment $ 19,855 $ 20,419 74,259
TOTAL GRF General Revenue Fund $ 1,196,277 $ 1,233,514 74,262
General Services Fund Group 74,265
4M6 146-601 Ohio Ethics 74,268
Commission Fund $ 305,466 $ 313,335 74,271
TOTAL GSF General Services 74,272
Fund Group $ 305,466 $ 313,335 74,275
TOTAL ALL BUDGET FUND GROUPS $ 1,501,743 $ 1,546,849 74,278
Section 59. EXP OHIO EXPOSITIONS COMMISSION 74,281
General Revenue Fund 74,283
GRF 723-403 Junior Fair Subsidy $ 351,575 $ 360,364 74,288
TOTAL GRF General Revenue Fund $ 351,575 $ 360,364 74,291
State Special Revenue Fund Group 74,294
506 723-601 Operating Expenses $ 13,681,316 $ 14,156,858 74,299
4N2 723-602 Ohio State Fair 74,301
Harness Racing $ 462,600 $ 475,553 74,303
TOTAL SSR State Special Revenue 74,304
Fund Group $ 14,143,916 $ 14,632,411 74,307
TOTAL ALL BUDGET FUND GROUPS $ 14,495,491 $ 14,992,775 74,310
Section 60. GOV OFFICE OF THE GOVERNOR 74,313
General Revenue Fund 74,315
GRF 040-321 Operating Expenses $ 3,881,928 $ 3,978,976 74,320
GRF 040-400 Office of the Lt. 74,322
Governor $ 445,549 $ 456,688 74,324
GRF 040-403 National Governors 74,326
Conference $ 166,831 $ 171,002 74,328
GRF 040-408 Office of Veterans' 74,330
Affairs $ 251,320 $ 257,603 74,332
TOTAL GRF General Revenue Fund $ 4,745,628 $ 4,864,269 74,335
General Services Fund Group 74,338
412 040-607 Notary Commission $ 148,289 $ 152,175 74,343
TOTAL GSF General Services 74,344
Fund Group $ 148,289 $ 152,175 74,347
TOTAL ALL BUDGET FUND GROUPS $ 4,893,917 $ 5,016,444 74,350
1653
Appointment of Legal Counsel for the Governor 74,353
The Governor may expend a portion of the foregoing 74,355
appropriation item 040-321, Operating Expenses, to hire or 74,356
appoint legal counsel to be used in proceedings involving the 74,357
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 74,358
notwithstanding sections 109.02 and 109.07 of the Revised Code. 74,359
Section 61. DOH DEPARTMENT OF HEALTH 74,361
General Revenue Fund 74,363
GRF 440-402 Osteoporosis 74,366
Awareness $ 100,000 $ 100,000 74,368
GRF 440-406 Hemophilia Services $ 1,048,430 $ 1,074,641 74,372
GRF 440-407 Encephalitis Control 74,374
Project $ 231,338 $ 239,622 74,376
GRF 440-412 Cancer Incidence 74,378
Surveillance System $ 257,918 $ 264,366 74,380
GRF 440-413 Ohio Health Care Data 74,382
System $ 2,845,466 $ 2,916,602 74,384
GRF 440-416 Child and Family 74,386
Health Services $ 9,574,602 $ 9,740,167 74,388
GRF 440-418 Immunizations $ 6,954,191 $ 7,209,773 74,392
GRF 440-426 Medicare Balance 74,394
Billing $ 117,638 $ 119,526 74,396
GRF 440-430 Adult Care Facilities $ 1,632,366 $ 1,636,820 74,400
GRF 440-439 Nursing Home Survey 74,402
and Certification $ 3,251,423 $ 3,327,564 74,404
GRF 440-444 AIDS Prevention/AZT $ 6,625,820 $ 7,616,466 74,408
GRF 440-445 Nurse Aide Program $ 649,901 $ 666,149 74,412
GRF 440-451 Prevention $ 5,055,488 $ 4,916,583 74,416
GRF 440-452 Child and Family 74,418
Health Care
Operations $ 1,209,653 $ 983,644 74,420
GRF 440-453 Quality Assurance $ 6,752,095 $ 5,724,528 74,424
1654
GRF 440-457 Services to State 74,426
Employees $ 126,125 $ 129,275 74,428
GRF 440-458 Health Care Policy 74,430
and Regulation $ 2,208,213 $ 2,263,418 74,432
GRF 440-459 Ohio Early Start $ 6,150,000 $ 6,150,000 74,436
GRF 440-461 Vital Statistics $ 3,861,540 $ 3,701,829 74,440
GRF 440-501 Local Health 74,442
Districts $ 3,968,688 $ 3,968,688 74,444
GRF 440-504 Poison Control 74,446
Network $ 451,925 $ 456,973 74,448
GRF 440-505 Medically Handicapped 74,450
Children $ 12,287,287 $ 12,594,469 74,452
GRF 440-506 Tuberculosis $ 100,000 $ 100,000 74,456
GRF 440-507 Cystic Fibrosis $ 661,586 $ 678,126 74,460
GRF 440-508 Migrant Health $ 123,000 $ 126,075 74,464
GRF 440-509 Health Services 74,466
Agencies $ 619,000 $ 619,000 74,468
GRF 440-510 Arthritis Care $ 316,367 $ 324,276 74,472
TOTAL GRF General Revenue Fund $ 77,180,060 $ 77,648,580 74,475
General Services Fund Group 74,478
142 440-618 General Operations $ 2,325,438 $ 2,383,961 74,483
211 440-613 Central Support 74,485
Indirect Costs $ 22,349,069 $ 22,783,043 74,487
473 440-622 Lab Handling Fee $ 3,465,708 $ 3,555,987 74,491
683 440-633 Employee Assistance 74,493
Program $ 787,517 $ 815,360 74,495
698 440-634 Nurse Aide Training $ 143,157 $ 147,165 74,499
TOTAL GSF General Services 74,500
Fund Group $ 29,070,889 $ 29,685,516 74,503
Federal Special Revenue Fund Group 74,506
320 440-601 Maternal Child Health 74,509
Block Grant $ 29,270,343 $ 30,031,356 74,511
387 440-602 Preventive Health 74,513
Services Block Grant $ 9,846,953 $ 10,108,752 74,515
1655
389 440-604 Women, Infants and 74,517
Children $ 177,016,356 $ 181,972,815 74,519
391 440-606 Medicaid/Medicare $ 17,814,581 $ 18,000,201 74,523
392 440-618 General Operations $ 53,388,938 $ 55,669,989 74,527
TOTAL FED Federal Special Revenue 74,528
Fund Group $ 287,337,171 $ 295,783,113 74,531
State Special Revenue Fund Group 74,534
4D6 440-608 Genetics Services $ 2,225,139 $ 2,280,767 74,539
4F9 440-610 Sickle Cell Disease 74,541
Control $ 800,000 $ 818,750 74,543
4L3 440-609 Non-Governmental 74,545
Revenue $ 1,082,326 $ 976,739 74,547
4T4 440-603 Child Highway Safety $ 194,000 $ 199,432 74,551
470 440-618 General Operations $ 7,796,683 $ 7,933,054 74,555
471 440-619 Certificate of Need $ 400,000 $ 0 74,559
477 440-627 Medically Handicapped 74,561
Children Audit $ 2,400,000 $ 2,460,000 74,563
5B5 440-616 Quality, Monitoring, 74,565
and Inspection $ 0 $ 1,048,966 74,567
506 440-620 Second Chance Trust $ 100,000 $ 100,000 74,571
5E1 440-624 Health Services $ 6,700,000 $ 8,100,000 74,575
610 440-626 Radiation Emergency 74,577
Response $ 810,366 $ 831,588 74,579
666 440-607 Medically Handicapped 74,581
Children-County
Assessments $ 14,000,000 $ 14,350,000 74,583
TOTAL SSR State Special Revenue 74,584
Fund Group $ 36,508,514 $ 39,099,296 74,587
Holding Account Redistribution Fund Group 74,590
R14 440-631 Vital Statistics $ 66,820 $ 66,820 74,595
R23 440-630 Board of Examiners of 74,597
Nursing Home
Administrators $ 2,100 $ 2,100 74,599
1656
R48 440-625 Refunds, Grants 74,601
Reconciliation, and
Audit Settlements $ 10,000 $ 10,000 74,603
TOTAL 090 Holding Account 74,604
Redistribution
Fund Group $ 78,920 $ 78,920 74,607
TOTAL ALL BUDGET FUND GROUPS $ 430,175,554 $ 442,295,425 74,610
Section 61.01. Child and Family Health Services 74,613
Of the foregoing appropriation item 440-416, Child and 74,615
Family Health Services, $1,300,000 in each fiscal year shall be 74,616
used for family planning services. None of the funds received 74,618
through these family planning grants shall be used to provide 74,620
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 74,621
except in the case of a medical emergency. These funds shall be 74,622
distributed on the basis of the relative need in the community 74,623
served by the Director of Health to family planning programs, 74,624
which shall include family planning programs funded under Title V 74,625
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 74,627
301, as amended, and Title X of the "Public Health Services Act," 74,628
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 74,629
other family planning programs which the Department of Health 74,630
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 74,631
emergency, with state funds, but that otherwise substantially 74,632
comply with the quality standards for such programs under Title V 74,633
and Title X.
The Director of Health shall, by regulation, provide 74,635
reasonable methods by which a grantee wishing to be eligible for 74,636
federal funding may comply with these requirements for state 74,637
funding without losing its eligibility for federal funding. 74,638
Of the foregoing appropriation item 440-416, Child and 74,640
Family Health Services, $25,000 in fiscal year 1998 shall be used 74,641
by the Preble County Commission to conduct a study to determine 74,642
1657
if a Wellness Center should be established in Preble County. Any 74,643
unused funds shall be credited to appropriation item 440-416, 74,644
Child and Family Health Services. 74,645
Of the foregoing appropriation item 440-416, Child and 74,647
Family Health Services, $47,000 in fiscal year 1998 shall be used 74,648
by the Monroe County Health Planning Council. 74,649
Of the foregoing appropriation item 440-416, Child and 74,651
Family Health Services, $150,000 in each fiscal year shall be 74,652
used to provide malpractice insurance for physicians and other 74,654
health professionals providing prenatal services in programs 74,655
funded by the Ohio Department of Health. 74,656
Of the foregoing appropriation item 440-416, Child and 74,658
Family Health Services, $650,000 in each fiscal year shall be 74,659
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 74,661
Family Health Services, $200,000 shall be used in each fiscal 74,662
year for the OPTIONS dental care access program. 74,663
Of the foregoing appropriation item 440-416, Child and 74,665
Family Health Services, $25,000 shall be used by the Carroll 74,666
County Health Department.
Prevention 74,667
Of the foregoing appropriation item 440-451, Prevention, 74,669
$100,000 shall be used in each fiscal year for rape prevention 74,671
programs.
Of the foregoing appropriation item 440-451, Prevention, 74,673
$54,500 in fiscal year 1998 and $49,820 in fiscal year 1999 shall 74,675
be used by the Miami Valley Youth Health Improvement Coalition to 74,676
prevent youths from cigarette or marijuana use and from alcohol 74,677
consumption. These funds shall be made available for use in the 74,678
following counties: Champaign, Clark, Darke, Greene, Miami, 74,679
Montgomery, Preble, and Shelby.
Hemophilia AIDS Prevention 74,681
Of the foregoing appropriation, 440-444, AIDS 74,683
Prevention/AZT, $235,000 in fiscal year 1998 and $245,000 in 74,684
1658
fiscal year 1999 shall be used by the Ohio Department of Health 74,685
to provide grants to the nine hemophilia treatment centers to 74,686
provide prevention services for persons with hemophilia and their 74,687
family members affected by AIDS. 74,688
Of the foregoing appropriation item 440-444, AIDS 74,690
Prevention/AZT, $3.0 million in fiscal year 1998 and $3.9 million 74,692
in fiscal year 1999 shall be used to assist persons with HIV/AIDS 74,693
in acquiring protease inhibitor drugs.
Hemophilia Insurance Pilot Project 74,695
Of the foregoing appropriation item 440-406, Hemophilia 74,697
Services, $205,000 in each fiscal year shall be used to implement 74,698
the Hemophilia Insurance Pilot Project. 74,699
Maternal Child Health Block Grant 74,701
Of the foregoing appropriation item 440-601, Maternal Child 74,703
Health Block Grant (Fund 320), $2,091,299 shall be used in each 74,704
fiscal year for the purposes of abstinence-only education. The 74,705
Director of Health shall develop guidelines for the establishment 74,706
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 74,707
shall be pursuant to Title V of the "Social Security Act," 42 74,708
U.S.C.A. 510 and shall include, but are not limited to, 74,709
advertising campaigns and direct training in schools and other 74,710
locations.
Medically Handicapped Children Audit 74,712
The Medically Handicapped Children Audit Fund (Fund 477) 74,714
shall receive revenue from audits of hospitals and recoveries 74,715
from third-party payors. Funds may be expended for payment of 74,716
audit settlements and for costs directly related to obtaining 74,717
recoveries from third-party payors and for encouraging Program 74,718
for Medically Handicapped Children recipients to apply for 74,719
third-party benefits. Funds also may be expended for payments 74,720
for diagnostic and treatment services on behalf of medically 74,721
handicapped children, as defined in division (A) of section 74,722
3701.022 of the Revised Code, Ohio residents who are twenty-one 74,723
1659
or more years of age and who are suffering from cystic fibrosis. 74,724
Medically Handicapped Children - County Assessments 74,727
The foregoing appropriation item, 440-607, Medically 74,729
Handicapped Children - County Assessments, shall be used to make 74,730
payments pursuant to division (E) of section 3701.023 of the 74,731
Revised Code. 74,732
Sickle Cell Fund 74,734
The foregoing State Special Revenue Fund Group 74,736
appropriation item 440-610, Sickle Cell Disease Control (Fund 74,737
4F9), shall be used by the Department of Health to administer 74,738
programs authorized by section 3701.131 of the Revised Code. The 74,739
source of the funds is as specified in section 3701.23 of the 74,740
Revised Code. 74,741
Cancer Registry System 74,743
The foregoing appropriation item 440-412, Cancer Incidence 74,745
Surveillance System, shall be used to establish and maintain a 74,746
cancer registry system within the Department of Health pursuant 74,747
to sections 3701.261 to 3701.263 of the Revised Code. In each 74,748
fiscal year of the biennium, $50,000 of line item 440-412 shall
be used as an operating subsidy for the Cleveland Cancer Data 74,749
Systems.
Genetics Services 74,751
The foregoing State Special Revenue Fund Group 74,753
appropriation item 440-608, Genetics Services (Fund 4D6), shall 74,754
be used by the Department of Health to administer programs 74,755
authorized by sections 3701.501 and 3701.502 of the Revised Code. 74,756
Sudden Infant Death Syndrome 74,758
A portion of the foregoing appropriation item 440-601, 74,760
Maternal and Child Health Block Grant (Fund 320), shall be used 74,761
to ensure that current information on sudden infant death 74,762
syndrome is available for distribution by local health districts. 74,763
Poison Control Network 74,765
Of the foregoing appropriation, 440-504, Poison Control 74,767
Network, all available funds in each fiscal year shall be used by 74,768
1660
the Ohio Department of Health for grants to the consolidated Ohio 74,769
Poison Control Center to provide poison control services to Ohio 74,771
citizens.
Of the foregoing appropriation item 440-504, Poison Control 74,774
Network, $250,000 in fiscal year 1998 and $250,000 in fiscal year 74,775
1999 shall be used to consolidate the poison control centers in 74,776
Ohio in a single location in Hamilton County.
Tuberculosis 74,778
The foregoing appropriation item 440-506, Tuberculosis, 74,780
shall be used to make payments to counties pursuant to section 74,781
339.43 of the Revised Code.
Child and Family Health Services ISTV 74,783
The Director of Budget and Management shall transfer cash 74,785
from Fund 3P8, Disproportionate Share, using an intra-state 74,786
transfer voucher (ISTV) to the Department of Health appropriation 74,787
item 440-624, Health Services (Fund 5E1), in an amount of 74,789
$14,800,000. This amount shall be used for the following 74,790
purposes: $2,000,000 in fiscal year 1998 and $2,900,000 in fiscal 74,791
year 1999 shall be used for rabies prevention; $1,000,000 in each 74,792
fiscal year shall be disbursed to the local Child and Family
Health Services Clinics to provide services to uninsured 74,794
low-income persons; $1,500,000 in each fiscal year to Federally 74,796
Qualified Health Centers and federally designated look-alikes to
provide services to uninsured low-income persons; $1,000,000 in 74,797
each fiscal year shall be used for the diagnosis and treatment of 74,799
sexually transmitted diseases; and $700,000 in each fiscal year 74,800
for family planning services. None of the funds received through 74,801
family planning grants under appropriation item 440-624, Health 74,802
Services (Fund 5E1), shall be used to provide abortion services. 74,803
None of the funds received through family planning grants under 74,804
appropriation item 440-624, Health Services (Fund 5E1), shall be
used for referrals for abortion, except in the case of a medical 74,805
emergency. These funds shall be distributed on the basis of the 74,807
relative need in the community served by the Director of Health 74,808
1661
to family planning programs, which shall include family planning 74,809
programs funded under Title V of the "Social Security Act," 49 74,810
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and Title X of the 74,811
"Public Health Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 74,812
201, as amended, as well as to other family planning programs 74,813
which the Department of Health also determines will provide
services that do not include referrals for abortion, other than 74,815
in the case of medical emergency, with state funds, but that
otherwise substantially comply with the quality standards for 74,816
such programs under Title V and Title X. 74,817
The Director of Health shall, by regulation, provide 74,819
reasonable methods by which a grantee wishing to be eligible for 74,820
federal funding may comply with these requirements for state 74,821
funding without losing its eligibility for federal funding. The 74,822
Director of Health shall adopt rules for the use of these funds 74,823
by September 30, 1997.
Public Health 74,825
Of the foregoing appropriation item 440-624, Health 74,827
Services, $500,000 in fiscal year 1998 and $1,000,000 in fiscal 74,828
year 1999 shall be transferred to the Ohio State University 74,829
College of Medicine and Public Health. The funds shall support 74,830
the development of statewide public health initiatives that are 74,831
consistent with the "Ohio Public Health Plan: Strategies to 74,832
Implement the Five Point Plan," including the development of data 74,834
collection mechanisms and data processes to track and evaluate 74,835
public health programs and outcomes. The College of Medicine and 74,836
Public Health shall work in collaboration with the Department of 74,837
Health and the local departments of health to provide 74,838
consultative program development and design services in health 74,839
behavior, health promotion, epidemiology, biometrics, health 74,840
services and management, and environmental health sciences. 74,841
Measurable outcome-based initiatives shall be developed in a 74,842
minimum of the following areas: childhood immunizations; 74,843
emerging infectious diseases; women's health issues; the 74,844
1662
prevention of teenage pregnancy; improved outcomes of pregnancy; 74,845
and the value of nutritional education and dietary modification 74,846
as a strategy for the prevention of heart disease and cancer. 74,847
AIDS Drug Reimbursement Program 74,849
Of the foregoing appropriation item 440-444, AIDS 74,851
Prevention/AZT, $124,500 in fiscal years 1998 and 1999 shall be 74,852
used for the AIDS Drug Reimbursement Program and section 3701.241 74,854
of the Revised Code and Title XXVI of the "Public Health Services 74,855
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 74,856
Department of Health is authorized to promulgate rules pursuant 74,857
to section 111.15 and Chapter 119. of the Revised Code as 74,858
necessary for the administration of the program. 74,859
Ohio Early Start Program 74,861
The foregoing appropriation item 440-459, Ohio Early Start, 74,863
shall be used to provide services to children under age three who 74,864
are at risk of developmental delay or child abuse and neglect. 74,865
Funds shall be allocated with the approval of the Family and 74,866
Children First Cabinet Council and pursuant to rules adopted in 74,867
accordance with Chapter 119. of the Revised Code.
Ohio Health Care Data System 74,869
Of the foregoing appropriation item, 440-413, Ohio Health 74,871
Care Data System, the Director of Health may distribute up to 74,873
$450,000 in each fiscal year to the Ohio Corporation for Health 74,874
Information to expand the electronic data interchange effort and 74,875
for special projects.
Osteoporosis Awareness Program 74,877
Grants from pharmaceutical companies, and others, that are 74,879
credited to appropriation item 440-609, Non-Governmental Revenue 74,880
(Fund 4L3), for the purpose of osteoporosis awareness and 74,881
appropriations in line item 440-402, Osteoporosis Awareness, are 74,882
to be used by the Office of Women's Health Initiatives to 74,883
implement an Osteoporosis Awareness Program.
Section 61.02. Study of Health Services Agencies 74,885
(A) There is hereby created a study committee to perform 74,887
1663
an examination of the roles and functions of health service 74,888
agencies, as specified in section 3702.58 of the Revised Code. 74,889
The committee shall consider the value of health service agencies 74,891
by examining whether other entities duplicate the roles held and 74,892
the functions performed by health service agencies.
Not later than June 30, 1998, the study committee shall 74,894
complete its examination and submit a report to the Speaker of 74,895
the House of Representatives and President of the Senate. On 74,896
submission of its report, the committee shall cease to exist. 74,897
(B) The membership of the study committee shall include 74,899
the chair of the House of Representatives Health, Retirement, and 74,900
Aging Committee, the chair of the Senate Health Committee, the 74,901
ranking minority members of each of those committees, and the 74,902
following individuals appointed jointly by the Speaker of the 74,903
House of Representatives and the President of the Senate: 74,904
(1) Two representatives of health service agencies; 74,906
(2) One representative of the Department of Health; 74,908
(3) One representative of the Department of Human 74,910
Services;
(4) One representative of OHA: The Association for 74,912
Hospitals and Health Systems; 74,913
(5) One representative of the Ohio Public Health 74,915
Association;
(6) One representative of the Association of Ohio Health 74,917
commissioners. 74,918
(C) The two members who are chairs of legislative 74,921
committees shall serve as co-chairpersons of the study committee. 74,922
The study committee shall meet at the call of the 74,923
co-chairpersons.
(D) The members of the study committee shall serve without 74,925
reimbursement, except to the extent that serving on the committee 74,927
is considered a part of their regular duties of employment. 74,928
Section 62. HEF HIGHER EDUCATION FACILITIES COMMISSION 74,930
State Special Revenue Fund Group 74,932
1664
461 372-601 Operating Expenses $ 12,000 $ 12,000 74,937
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 74,940
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 74,943
Section 63. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 74,946
General Revenue Fund 74,948
GRF 148-100 Personal Services $ 162,548 $ 165,910 74,953
GRF 148-200 Maintenance $ 36,500 $ 37,800 74,957
GRF 148-300 Equipment $ 2,700 $ 0 74,960
TOTAL GRF General Revenue Fund $ 201,748 $ 203,710 74,963
General Services Fund Group 74,965
601 148-602 Gifts and 74,968
Miscellaneous $ 7,709 $ 7,925 74,970
TOTAL GSF General Services 74,971
Fund Group $ 7,709 $ 7,925 74,974
TOTAL ALL BUDGET FUND GROUPS $ 209,457 $ 211,635 74,977
Section 64. OHS OHIO HISTORICAL SOCIETY 74,980
General Revenue Fund 74,982
GRF 360-501 Operating Subsidy $ 3,806,782 $ 3,901,952 74,987
GRF 360-502 Site Operations $ 7,693,246 $ 7,813,749 74,991
GRF 360-503 Ohio Bicentennial 74,993
Commission $ 640,000 $ 550,000 74,995
GRF 360-504 Ohio Preservation 74,997
Office $ 512,627 $ 319,193 74,999
GRF 360-505 Afro-American Museum $ 1,097,300 $ 1,122,233 75,003
GRF 360-506 Hayes Presidential 75,005
Center $ 735,000 $ 757,050 75,007
TOTAL GRF General Revenue Fund $ 14,484,955 $ 14,464,177 75,010
TOTAL ALL BUDGET FUND GROUPS $ 14,484,955 $ 14,464,177 75,013
Section 64.01. Subsidy Appropriation 75,016
Upon approval by the Director of Budget and Management, the 75,018
foregoing appropriation items shall be released to the Ohio 75,019
Historical Society in quarterly amounts that in total do not 75,020
exceed the annual appropriations. The funds and fiscal records 75,021
of the Society for fiscal years 1998 and 1999 shall be examined 75,022
1665
by independent Certified Public Accountants approved by the 75,023
Auditor of State, and a copy of the audited financial statements 75,024
shall be filed with the Office of Budget and Management and the 75,025
Controlling Board. The Society shall prepare and submit to the 75,026
Office of Budget and Management the following: 75,027
(A) An estimated operating budget for each fiscal year of 75,029
the biennium. The operating budget shall be submitted at or near 75,030
the beginning of each year. 75,031
(B) Financial reports, indicating actual receipts and 75,033
expenditures for the fiscal year to date. These reports shall be 75,034
filed at least semiannually during the fiscal biennium. 75,035
The foregoing appropriations shall be considered to be the 75,037
contractual consideration in accordance with section 149.30 of 75,038
the Revised Code. 75,039
Governor's Portrait 75,041
A portion of the foregoing appropriation 360-501, Operating 75,043
Subsidy, shall be used for a portrait of the sitting governor to 75,044
be displayed in the Statehouse.
Site Operations 75,046
Of the foregoing appropriation item 360-502, Site 75,047
Operations, $10,000 in fiscal year 1998 shall go to the 75,048
Chesterland Historical Society in Geauga County for improvement 75,049
of the historical village, $150,000 in fiscal year 1998 shall go 75,050
to the Noble County Historical Society to be used for the
renovation of the county jail, $20,000 shall go to Zoar Town 75,052
Hall, and $30,000 in fiscal year 1998 shall go to the Geauga 75,053
Historical Society.
Of the foregoing appropriation item 360-502, Site 75,055
Operations, $25,000 in each fiscal year shall go to Thurber 75,056
House; $15,000 in fiscal year 1998 shall go to the Belmont County 75,057
Museum; and $500,000 per year shall go to the Western Reserve 75,058
Historical Society, $250,000 of which shall be used for the
Crawford Auto Museum and $250,000 of which shall be used for 75,059
maintenance of the home of President Garfield, and for the Hale 75,062
1666
Farm and Education Center.
Ohio Bicentennial Commission 75,064
Of the foregoing appropriation item 360-503, Ohio 75,066
Bicentennial Commission, $5,000 in fiscal year 1998 shall go to 75,067
the Waynesville Bicentennial Commission; $10,000 shall go to the 75,068
Franklinton Historical Society; $50,000 in fiscal year 1999 shall 75,069
go to the Fairfield County Bicentennial Commission; $25,000 in 75,070
fiscal year 1998 shall go to the Fremont Sesquicentennial; and 75,071
$100,000 in fiscal year 1998 shall go to the Newark Bicentennial 75,073
Commission.
Bieber Mill 75,075
Of the foregoing appropriation item 360-504, Ohio 75,077
Preservation Office, $200,000 in fiscal year 1998 shall be used 75,078
to stabilize Bieber Mill on the Olentangy River. 75,079
National Museum of Afro-American History and Culture 75,081
Planning Committee
The Governor shall appoint to the National Museum of 75,083
Afro-American History and Culture Planning Committee the four 75,084
members appointed from the public at large to their initial terms 75,086
in accordance with division (A)(1) of section 149.303 of the 75,087
Revised Code, as amended by this act, not later than January 15, 75,088
1998, to terms beginning on February 1, 1998. One of the initial 75,089
appointees shall serve a term of one year, one shall serve a term 75,090
of two years, one shall serve a term of three years, and one 75,091
shall serve a term of four years. Thereafter, members appointed 75,092
from the public at large shall serve a term of four years in 75,093
accordance with section 149.303 of the Revised Code, as amended 75,094
by this act. Any member serving on the Committee on February 1, 75,095
1998, whose appointment to the Committee is not abolished by the 75,096
amendment of section 149.303 of the Revised Code in this act 75,097
shall continue to serve on the Committee until the expiration of 75,098
that member's term.
Hayes Presidential Center 75,100
If a United States government agency, including but not 75,102
1667
limited to the National Park Service, chooses to take over the 75,103
operations and/or maintenance of the Hayes Presidential Center, 75,104
in whole or in part, the Ohio Historical Society shall make 75,106
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 75,108
and/or maintenance.
Ohio Historical Society Review Committee 75,110
(A) There is hereby created the Ohio Historical Society 75,112
Review Committee consisting of five members. The membership 75,113
shall include the Governor, the Speaker of the House of 75,114
Representatives, the President of the Senate, each entitled to 75,115
representation by a designee, and the President of the Ohio
Historical Society Board of Trustees, and a Historical Society 75,116
Board member whose appointment was made by the Governor. 75,117
(1) All members shall serve without compensation. 75,119
(2) Three members shall constitute a quorum. 75,121
(3) The review committee shall meet at least once per 75,123
month.
(4) The society's members shall include one representative 75,125
who is selected by the society and one who is appointed by the 75,126
Governor.
(B) The task of the review committee shall include, but is 75,128
not limited to, the formulation of financial alternatives 75,129
concerning future appropriations, statutory duties, and governing 75,130
structures between the state and the Ohio Historical Society. 75,131
(C) The review committee shall make recommendations to the 75,133
Governor, the House of Representatives, the Senate, and the Ohio 75,134
Historical Society by July 1, 1998, at which time the committee 75,135
shall be terminated.
Section 65. REP OHIO HOUSE OF REPRESENTATIVES 75,137
General Revenue Fund 75,139
GRF 025-321 Operating Expenses $ 17,740,070 $ 18,006,171 75,144
TOTAL GRF General Revenue Fund $ 17,740,070 $ 18,006,171 75,147
General Services Fund Group 75,150
1668
103 025-601 House Reimbursement $ 1,000,000 $ 1,000,000 75,155
4A4 025-602 Miscellaneous Sales $ 28,632 $ 28,632 75,159
TOTAL GSF General Services 75,160
Fund Group $ 1,028,632 $ 1,028,632 75,163
TOTAL ALL BUDGET FUND GROUPS $ 18,768,702 $ 19,034,803 75,166
Section 66. HUM DEPARTMENT OF HUMAN SERVICES 75,169
General Revenue Fund 75,171
GRF 400-100 Personal Services 75,174
State $ 24,887,655 $ 24,203,384 75,178
Federal $ 25,903,478 $ 25,191,277 75,182
Personal Services 75,184
Total $ 50,791,133 $ 49,394,661 75,186
GRF 400-200 Maintenance 75,188
State $ 12,713,144 $ 12,364,947 75,192
Federal $ 13,232,047 $ 12,869,639 75,196
Maintenance Total $ 25,945,191 $ 25,234,586 75,200
GRF 400-300 Equipment 75,202
State $ 509,837 $ 393,239 75,206
Federal $ 530,646 $ 409,290 75,210
Equipment Total $ 1,040,483 $ 802,529 75,214
GRF 400-402 Electronic Benefits 75,216
Transfer (EBT)
State $ 1,246,689 $ 3,352,293 75,220
Federal $ 1,246,690 $ 3,352,293 75,224
EBT Total $ 2,493,379 $ 6,704,586 75,228
GRF 400-405 Family Violence 75,230
Prevention Programs $ 837,396 $ 837,396 75,232
GRF 400-408 Child & Family 75,234
Services Activities $ 6,215,200 $ 8,485,200 75,236
GRF 400-409 Wellness Block Grant $ 11,260,943 $ 14,780,943 75,240
GRF 400-410 TANF State $ 275,961,220 $ 273,359,220 75,244
GRF 400-411 TANF Federal Block 75,246
Grant $ 652,968,000 $ 652,968,000 75,248
1669
GRF 400-413 Day Care Match/Maint. 75,250
of Effort $ 76,417,731 $ 76,454,291 75,252
GRF 400-416 Computer Projects 75,254
State $ 44,909,572 $ 46,070,675 75,258
Federal $ 45,090,428 $ 48,929,325 75,262
Computer Projects 75,264
Total $ 90,000,000 $ 95,000,000 75,266
GRF 400-420 Child Support 75,268
Administration $ 3,947,873 $ 5,454,789 75,270
GRF 400-502 Child Support Match $ 20,832,779 $ 20,832,779 75,274
GRF 400-504 Non-TANF County 75,276
Administration $ 63,874,136 $ 63,874,136 75,278
GRF 400-511 Disability Assistance $ 63,200,000 $ 66,500,000 75,282
GRF 400-512 Non-TANF Emergency 75,284
Assistance $ 3,500,000 $ 3,500,000 75,286
GRF 400-522 Burial Claims $ 1,957,580 $ 1,957,580 75,290
GRF 400-525 Health Care/Medicaid 75,292
State $2,197,066,426 $2,344,429,252 75,296
Federal $3,070,682,650 $3,189,535,455 75,300
Health Care Total $5,267,749,076 $5,533,964,707 75,304
GRF 400-527 Child Protective 75,306
Services $ 42,869,323 $ 46,298,869 75,308
GRF 400-528 Adoption Services 75,310
State $ 27,087,542 $ 28,696,379 75,314
Federal $ 22,432,645 $ 24,248,969 75,318
Adoption Services - 75,320
Total $ 49,520,187 $ 52,945,348 75,322
GRF 400-534 Adult Protective 75,324
Services $ 3,022,000 $ 3,022,000 75,326
GRF 400-552 County Social 75,328
Services $ 12,446,274 $ 12,446,274 75,330
TOTAL GRF General Revenue Fund 75,331
State $2,894,763,320 $3,057,313,646 75,335
Federal $3,832,086,584 $3,957,504,248 75,339
1670
GRF Total $6,726,849,904 $7,014,817,894 75,343
General Services Fund Group 75,346
4A8 400-658 Child Support 75,349
Collections $ 53,043,094 $ 55,633,397 75,351
4R4 400-665 BCII $ 107,120 $ 107,120 75,355
5C9 400-671 Medicaid Program 75,357
Support $ 62,241,895 $ 87,513,440 75,359
613 400-645 Training Activities $ 75,000 $ 75,000 75,363
TOTAL GSF General Services 75,364
Fund Group $ 115,467,109 $ 143,328,957 75,367
Federal Special Revenue Fund Group 75,370
3A1 400-640 Income Maintenance 75,373
Reimbursement $ 36,655,982 $ 36,655,982 75,375
3A2 400-641 Emergency Food 75,377
Distribution $ 1,785,443 $ 1,785,443 75,379
3D3 400-648 Children's Trust Fund 75,381
Federal $ 1,784,158 $ 1,475,393 75,383
3F0 400-650 Hospital Care 75,385
Assurance Assessment
Match Fund $ 340,218,986 $ 340,218,986 75,387
3F0 400-663 ICF-MR Assessment 75,389
Match Fund $ 12,288,277 $ 12,573,593 75,391
3F0 400-664 NF Assessment Match 75,393
Fund $ 13,368,834 $ 13,324,790 75,395
3G5 400-655 Interagency 75,397
Reimbursement $ 720,459,621 $ 765,980,631 75,399
3G9 400-657 Special Activities 75,401
Family Assistance $ 312,039 $ 312,039 75,403
3H7 400-617 Day Care Federal $ 146,405,354 $ 136,021,680 75,407
316 400-602 State and Local 75,409
Training $ 4,647,400 $ 4,647,400 75,411
327 400-606 Child Welfare $ 23,769,257 $ 23,688,180 75,415
384 400-610 Food Stamps and State 75,417
Administration $ 112,379,309 $ 118,309,517 75,419
1671
385 400-614 Foreign Refugees $ 3,297,920 $ 3,297,920 75,423
395 400-616 Special 75,425
Activities/Child and
Family Services $ 5,174,917 $ 4,993,406 75,427
396 400-620 Social Services Block 75,429
Grant $ 76,854,157 $ 76,854,157 75,431
397 400-626 Child Support $ 150,132,532 $ 173,779,059 75,435
398 400-627 Adoption Maintenance/ 75,437
Administration $ 147,479,666 $ 150,185,636 75,440
3N0 400-628 IV-E Foster Care 75,442
Maintenance/Pass 75,443
Through $ 104,718,769 $ 112,155,363 75,445
3P7 400-668 Medicaid Program 75,447
Support $ 16,837,400 $ 49,866,452 75,449
TOTAL FED Federal Special Revenue 75,450
Fund Group $1,918,570,021 $2,026,125,627 75,453
State Special Revenue Fund Group 75,456
198 400-647 Children's Trust Fund $ 2,743,977 $ 2,820,006 75,461
4E3 400-605 Nursing Home 75,463
Assessments $ 90,379 $ 90,379 75,465
4E7 400-604 Child and Family 75,467
Services Collections $ 135,000 $ 135,000 75,469
600 400-603 Third-Party 75,471
Recoveries $ 1,755,000 $ 1,755,000 75,473
4F1 400-609 Foundation 75,475
Grants/Child and
Family Services $ 800,000 $ 500,000 75,477
651 400-649 Hospital Care 75,479
Assurance Program
Fund $ 233,699,681 $ 244,952,989 75,481
4J5 400-613 Nursing Facility Bed 75,483
Assessments $ 38,498,446 $ 33,742,364 75,485
4J5 400-618 Residential State 75,487
Supplement Payments $ 17,000,000 $ 17,000,000 75,489
1672
4K1 400-621 ICF MR Bed 75,491
Assessments $ 20,542,826 $ 21,384,855 75,493
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 1,000,000 75,497
4V2 400-612 Child Support 75,499
Activities $ 187,500 $ 187,500 75,501
6A7 400-656 Ford Foundation $ 60,000 $ 60,000 75,505
5E4 400-615 Private Child Care 75,507
Agencies Training $ 10,000 $ 10,000 75,509
TOTAL SSR State Special Revenue 75,510
Fund Group $ 316,522,809 $ 323,638,093 75,513
Agency Fund Group 75,516
192 400-646 Support Intercept - 75,519
Federal $ 81,824,040 $ 102,280,049 75,521
5B6 400-601 Food Stamp Intercept $ 5,000,000 $ 5,000,000 75,525
583 400-642 Support 75,527
Intercept-State $ 10,394,942 $ 12,993,677 75,529
TOTAL AGY Agency Fund Group $ 97,218,982 $ 120,273,726 75,532
Holding Account Redistribution Fund Group 75,535
R12 400-643 Refunds and Audit 75,538
Settlements $ 200,000 $ 200,000 75,540
R13 400-644 Forgery Collections $ 700,000 $ 700,000 75,544
TOTAL 090 Holding Account 75,545
Redistribution
Fund Group $ 900,000 $ 900,000 75,548
TOTAL ALL BUDGET FUND GROUPS $9,175,528,825 $9,629,084,297 75,551
Section 66.01. Family Violence Prevention 75,554
The foregoing appropriation item 400-405, Family Violence 75,556
Prevention Programs, may be used to provide grants for county and 75,557
local family violence prevention community education initiatives, 75,558
and to provide funding for domestic violence shelters that the 75,559
Department of Human Services determines are exclusively for 75,561
victims of domestic violence.
Electronic Benefits Transfer 75,563
The foregoing appropriation line item 400-402, Electronic 75,565
1673
Benefits Transfer, shall be used by the Department of Human 75,566
Services to establish in a number of counties to be designated by 75,567
the department a program to distribute food stamps via off-line 75,568
computer technology that involves the issuance of a plastic card 75,569
with an embedded computer chip to each family that is eligible 75,570
for food stamps. The department shall establish the program 75,571
under rules adopted in accordance with section 111.15 of the 75,572
Revised Code. The department shall establish this program in 75,573
cooperation with the United States Department of Agriculture, 75,574
Food and Nutrition Service. 75,575
Section 66.02. Health Care/Medicaid 75,577
The foregoing appropriation item 400-525, Health 75,579
Care/Medicaid, shall not be limited by the provisions of section 75,580
131.33 of the Revised Code. 75,581
Section 66.03. Disability Assistance 75,583
The following schedule shall be used to determine monthly 75,585
grant levels in the Disability Assistance Program effective July 75,586
1, 1997. 75,587
Persons in 75,589
Assistance Group Monthly Grant 75,590
1 $115 75,593
2 159 75,594
3 193 75,595
4 225 75,596
5 251 75,597
6 281 75,598
7 312 75,599
8 361 75,600
9 394 75,601
10 426 75,602
11 458 75,603
12 490 75,604
13 522 75,605
14 554 75,606
1674
For each additional person add 40 75,609
For the Disability Assistance Program, the Department of 75,613
Human Services shall retain data and report monthly to the 75,614
Legislative Budget Office of the Legislative Service Commission 75,615
and Office of Budget and Management demographic information of 75,616
the recipients and recipient utilization of medical assistance 75,617
organized by recipients' county of residence. The reports shall 75,619
provide information available to the Department that the 75,621
Department and Offices mutually agree will be in the reports. 75,623
Information about medical benefit utilization shall include data 75,624
on payments for recipients by category of service. 75,625
Disability Assistance-Legal Immigrant and Refugee 75,627
Assistance
Of the foregoing appropriation item 400-511, Disability 75,629
Assistance, not more than $3,000,000 in fiscal year 1998 and not 75,631
more than $5,000,000 in fiscal year 1999 may be used to provide 75,632
cash assistance to refugees and legal immigrants who meet all of 75,633
the following qualifications: They must have formerly qualified 75,634
for Supplemental Security Income, must have resided in Ohio as of 75,635
August 22, 1996 and maintained their Ohio residency since that 75,636
date, must have been in the United States for 60 months and be in 75,638
the process for naturalization or unable to naturalize because of 75,639
age or disability, including language disability, but not qualify 75,640
for an Immigration and Naturalization Service exemption. The 75,641
Department of Human Services shall adopt rules and procedures 75,642
pursuant to section 111.15 of the Revised Code to set eligibility
requirements and benefit levels. 75,643
TANF Federal Funds 75,645
Upon the request of the Department of Human Services, the 75,647
Controlling Board may increase appropriations in item 400-411 75,649
provided sufficient Federal TANF block grant funds exist to do 75,650
so, without any corresponding decrease in other line items. The 75,651
department must first provide the Office of Budget and Management
with documentation to support the need for the increased 75,652
1675
appropriation.
TANF County Incentives 75,654
Of the foregoing appropriation item 400-411, TANF Federal 75,656
Block Grant, the Department of Human Services may use up to 75,657
$15,000,000 in fiscal year 1998 and up to $15,000,000 in fiscal 75,658
year 1999 to provide financial incentives to those county 75,659
departments of human services that have exceeded performance
standards adopted by the state department, and where the board of 75,660
county commissioners has entered into a written agreement with 75,661
the state department under section 5101.02 of the Revised Code 75,662
governing the administration of the county department. Any 75,663
financial incentive funds provided pursuant to this division
shall be used by the county department solely for additional or 75,664
enhanced services for families eligible for assistance under 75,665
Chapter 5107. of the Revised Code. The county departments of 75,666
human services may retain and expend such funds without regard to 75,667
the state or county fiscal year in which the financial incentives 75,668
were earned or paid. Each county department of human services 75,669
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 75,670
these financial incentives and an evaluation of the effectiveness 75,671
of the county department's use of these funds in achieving 75,672
self-sufficiency for families eligible for assistance under 75,673
Chapter 5107. of the Revised Code.
TANF Child Care 75,675
From the foregoing appropriation items 400-410, TANF-State, 75,677
400-411, TANF-Federal, or both, a total of not less than $29.4 75,678
million in fiscal year 1998 and not less than $49.9 million in 75,679
fiscal year 1999 shall be used to provide child care services to 75,681
TANF eligible children.
Reports on Public Assistance 75,683
With regard to the foregoing appropriation items 400-410, 75,685
TANF-State, and 400-411, TANF Federal Block Grant, the Department 75,686
of Human Services shall retain data and submit bimonthly reports 75,688
1676
to the Office of Budget and Management and the Legislative Budget 75,689
Office of the Legislative Service Commission. The reports shall
include the number of assistance groups; number of recipients; 75,691
age of recipients; number of recipient groups by recipient group 75,692
size; number of recipients with earned income by income
groupings; number of recipients with unearned income; number of 75,693
recipients by current length of stay on TANF; educational level 75,694
of recipients; recipient work history; and the number of 75,696
recipients exempted from work or training requirements. Reports 75,697
shall be provided within two weeks after the end of the month. 75,698
Reports on Interagency Transfers 75,700
With regard to the foregoing appropriation item 400-655, 75,702
Interagency Reimbursement, the Department of Human Services shall 75,703
provide the Legislative Budget Office of the Legislative Service 75,704
Commission with a report each month that details interagency 75,706
transfers through the line item. The reports shall break down 75,707
transfers by agency and line item to which transfers are made. 75,708
Transfers shall further be broken down by source of federal 75,709
funds, including federal program number (as shown in the Catalog 75,710
of Federal Domestic Assistance), grant number, and department 75,711
reporting category number. In addition, transfers of Medicaid 75,712
dollars shall be grouped between reimbursement for services and 75,713
administrative costs. Reports shall be provided to the 75,714
Legislative Budget Office within two weeks after the end of the 75,715
month.
Section 66.04. Hospital Care Assurance Assessment Match 75,717
Fund
Appropriation item 400-650, Hospital Care Assurance 75,719
Assessment Match Fund, shall be used by the Department of Human 75,720
Services to receive and distribute funds in connection with the 75,721
Hospital Care Assurance Program. 75,722
ICF-MR Assessment Match Fund 75,724
Appropriation item 400-663, ICF-MR Assessment Match Fund, 75,727
shall be used by the Department of Human Services to receive and 75,728
1677
distribute funds in connection with programs funded by franchise 75,729
fees paid by Intermediate Care Facilities for the Mentally 75,730
Retarded.
NF Assessment Match Fund 75,732
Appropriation item 400-664, NF Assessment Match Fund, shall 75,735
be used by the Department of Human Services to receive and
distribute funds in connection with programs funded by franchise 75,736
fees paid by nursing facilities and hospitals. 75,737
Section 66.05. Transfer of Funds 75,739
The Ohio Department of Human Services shall transfer 75,741
through intrastate transfer vouchers, cash from State Special 75,742
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and 75,744
Community-Based Services, in the Ohio Department of Mental 75,745
Retardation and Developmental Disabilities. The sum of the 75,746
transfers shall be equal to the amounts appropriated per fiscal 75,747
year in line item 322-604, Waiver - Match. The transfer may 75,749
occur on a quarterly basis or on a schedule developed and agreed
to by both Departments. 75,750
The Ohio Department of Human Services shall transfer, 75,752
through intrastate transfer voucners, cash from the State Special 75,753
Revenue Fund 4J5, Home and Community-Based Services for the Aged, 75,754
to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum 75,755
of the transfers shall be equal to the amount appropriated per 75,756
fiscal year in line item 490-610, PASSPORT/Residential State
Supplement. The transfer may occur on a quarterly basis or on a 75,757
schedule developed and agreed to by both departments. 75,758
Day Care for Foster Parents 75,760
Of the foregoing appropriation item 400-527, Child 75,762
Protective Services, not more than $1,400,000 in fiscal year 1998 75,764
and not more than $1,400,000 in fiscal year 1999, may be used to 75,765
reimburse counties for child day care services purchased in 75,766
behalf of children in foster care. Such funds may be used as
matching funds for federal funds that may be available for this 75,767
purpose. The Department of Human Services shall adopt rules, in 75,768
1678
accordance with section 111.15 of the Revised Code, establishing 75,769
reimbursement procedures and conditions to be followed by 75,770
counties.
Transfer from the Children's Trust Fund to the Wellness 75,772
Block Grant Fund
The Director of Budget and Management shall transfer 75,774
$1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 75,775
from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block 75,776
Grant, within the Department of Human Services' budget. 75,777
Foster Care Liability Coverage 75,779
On behalf of public children services agencies and in 75,781
consultation with the Department of Insurance and the Office of 75,782
State Purchasing, the Department of Human Services may seek and 75,783
accept proposals for a uniform and statewide insurance policy to 75,784
indemnify foster parents for personal injury and property damage 75,785
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 75,787
children services agency that agrees to purchase the insurance 75,789
policy.
Protective Services Incentive Funding 75,791
Notwithstanding the formula in section 5101.14 of the 75,793
Revised Code, from the foregoing appropriation item 400-527, 75,794
Child Protective Services, the Department of Human Services may 75,795
use no more than $2 million in fiscal year 1999 as incentive 75,796
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 75,797
delivery. The department shall develop a process for the release 75,798
of these funds and may adopt rules in accordance with section 75,799
111.15 of the Revised Code governing the distribution, release, 75,800
and use of these funds.
Day Care/Head Start Collaborations 75,802
The Department of Human Services and the county departments 75,804
of human services shall work to develop collaborative efforts 75,805
between Head Start and child care centers. The Department of 75,806
1679
Human Services may use the foregoing appropriation items 400-413, 75,807
Day Care Match/Maintenance of Effort, and 400-607, Day Care
Federal, to support collaborative efforts between Head Start and 75,808
child day care centers. 75,809
Human Services Staff Reduction 75,811
From staffing levels that existed on January 1, 1997, the 75,814
Department of Human Services is required to reduce its full-time
equivalent positions by 150 by July 1, 1999. At least 75,815
thirty-nine positions must be eliminated by January 1, 1998. The 75,816
remaining positions must be eliminated by July 1, 1999. 75,817
Child Protective Services Information System 75,819
From the foregoing appropriation item 400-416, Computer 75,821
Projects, the Department of Human Services shall expend 75,822
$6,000,000 in fiscal year 1998 and $6,000,000 in fiscal year 1999 75,824
to implement a statewide automated child welfare information 75,825
system (SACWIS) to be used by the 88 county public children 75,826
service agencies.
These designated moneys shall be used to support the 88 75,828
county children services agencies' implementation of a statewide 75,829
automated child welfare information system which is currently 75,830
operational in another state once Ohio's right to use the system 75,831
has been secured through a competitively bid request for proposal 75,833
process.
(A) The Department of Human Services shall: 75,835
(1) Make the necessary revisions to the transferred system 75,837
in order to enable the system to comply with Ohio law; 75,838
(2) Develop and distribute the revised software to the 88 75,840
county public children services agencies for their use; 75,841
(3) Provide training and system support for the county 75,843
employees who will use the system; 75,844
(4) Provide for the maintenance and general upkeep of the 75,846
system. 75,847
(B) The system shall be operational in all 88 counties by 75,849
June 30, 1999;
1680
(C) The system shall be designed to successfully interface 75,851
with the Support Enforcement Tracking System (SETS) and the 75,852
Client Registry and Information System-Enhanced (CRIS-E). 75,853
Adoption Assistance 75,855
Of the foregoing appropriation item 400-528, Title IV-E and 75,857
State Adoption Services, not more than $3,700,000 in fiscal year 75,858
1998 and not more than $3,700,000 in fiscal year 1999 shall be 75,859
used in support of post finalization adoption services offered 75,860
pursuant to section 5153.163 of the Revised Code. The Department 75,862
of Human Services shall adopt rules and procedures pursuant to 75,863
section 111.15 of the Revised Code to set payment levels and 75,864
limit eligibility for post finalization adoption services as 75,865
necessary to limit program expenditures to the amounts set forth 75,866
in this section, based on factors, including but not limited to, 75,867
any or all of the following: type, or extent, of the adopted 75,868
child's disability or special need; and resources available to 75,869
the adoptive family to meet the child's service needs. 75,870
Social Service Block Grant (SSBG) Earmark for Day Care 75,872
Services
Of the foregoing appropriation item 400-620, Social 75,874
Services Block Grant, no less than $15,000,000 in fiscal year 75,875
1998 and $15,000,000 in fiscal year 1999 shall be allocated to 75,876
the counties for the purpose of purchasing child day care 75,877
services. The remainder of the SSBG funding may be used to
provide social services as authorized in section 5101.465 of the 75,878
Revised Code, including adult day care. 75,879
Child Support Collections/TANF MOE 75,881
The foregoing appropriation item 400-658, Child Support 75,883
Collections, shall be used by the Department of Human Services to 75,884
meet the TANF Maintenance of Effort requirements of Pub. L. No. 75,885
104-193.
Private Child Care Agencies Training 75,887
The foregoing appropriation item 400-615, Private Child 75,889
Care Agencies Training, shall be used by the Department of Human 75,890
1681
Services to provide the state match for federal Title IV-E 75,891
training dollars for private child placing agencies and private 75,892
noncustodial agencies. Revenues shall consist of moneys derived 75,893
from fees established under section 5101.112 of the Revised Code
and paid by private child placing agencies and private 75,894
noncustodial agencies.
Funding for Food Banks 75,896
If at any time during the 1997-1999 biennium the Director 75,898
of the Department of Human Services, in consultation with the 75,899
Director of Budget and Management, determines that there are 75,900
funds available to be used to support food banks, the Department 75,901
of Human Services may seek Controlling Board approval for the 75,902
release of these funds to be distributed to the food banks. 75,903
Transfer IMD/DSH Cash 75,905
The Director of Budget and Management may transfer cash 75,907
from the Disproportionate Share Fund (3P8) in the Department of 75,908
Human Services to the OhioCare Fund (4X5) in the Department of 75,909
Mental Health, the OhioCare Fund (4X4) in the Department of 75,910
Alcohol and Drug Addiction Services, and the Medicaid Program 75,911
Support Fund - State (5C9) in the Department of Human Services 75,912
and shall transfer cash in the amount of $14,800,000 to the
Health Services Fund (5E1) in the Department of Health. 75,913
Interagency Agreement on Specified Medicaid Services 75,915
Based on an interagency agreement, the Department of Human 75,917
Services may delegate authority to the Department of Alcohol and 75,918
Drug Addiction Services and the Department of Mental Health to 75,919
administer specified Medicaid services. Monthly reimbursement 75,921
shall be made by intrastate transfer voucher from the Department 75,922
of Human Services' appropriation item 400-525, Health 75,923
Care/Medicaid, to the Department of Drug and Alcohol Addiction 75,924
Services' OhioCare Fund (4X4) and the Department of Mental 75,925
Health's OhioCare Fund (4X5).
Medicaid Program Support Fund-State 75,927
The Department of Human Services' Medicaid Program Support 75,929
1682
Fund-State (5C9) is hereby created in the state treasury. The 75,930
Fund shall be used to receive earned federal reimbursement 75,931
generated by the Institutions for Mental
Diseases/Disproportionate Share Hospital Program. The foregoing 75,932
appropriation item 400-671, Medicaid Program Support, may be used 75,933
for the following purposes: to pay for Medicaid services to 75,934
eligible children under age nineteen, whose family income does 75,935
not exceed 150 per cent of the federal poverty level; to pay for 75,936
a new Medicaid home and community-based waiver program for 75,937
non-aged persons with chronic, long-term disabilities; to 75,938
transfer moneys by intrastate transfer voucher to the Department 75,939
of Mental Health's OhioCare Fund (4X5) in accordance with the
interagency agreement which delegates authority from the 75,940
Department of Human Services to the Department of Alcohol and 75,941
Drug Addiction Services and the Department of Mental Health to 75,942
administer specified Medicaid services; and, to make residual 75,943
payments associated with the specified Medicaid services
transferred to the Department of Alcohol and Drug Addiction 75,944
Services and the Department of Mental Health. 75,945
Medicaid Program Support Fund-Federal 75,947
The Department of Human Services' Medicaid Program Support 75,949
Fund-Federal (3P7) is hereby created in the state treasury. The 75,950
foregoing appropriation item 400-668, Medicaid Program Support, 75,951
may be used to pay for Medicaid services to eligible children 75,952
under age nineteen, whose family income does not exceed 150 per 75,953
cent of the federal poverty level; and for a new Medicaid home
and community-based waiver program for non-aged persons with 75,954
chronic, long-term disabilities. Funds also may be used for 75,955
residual payments associated with the specified Medicaid services 75,956
transferred to the Department of Alcohol and Drug Addiction 75,957
Services and the Department of Mental Health.
OhioCare Start-up Fund Name Change 75,959
The name of the Department of Human Services' OhioCare 75,961
Start-up Fund (3P7) is hereby changed to the Medicaid Program 75,962
1683
Support Fund-Federal.
Rural Medicaid Managed Care Pilot Programs 75,964
The Director of Human Services may contract with one or 75,966
more organizations to develop and/or implement Medicaid Managed 75,967
Care Pilot Programs in rural sections of Ohio. 75,968
Medicaid Managed Care Reimbursement Study Committee 75,970
The Medicaid Managed Care Reimbursement Study Committee 75,972
shall meet by August 1, 1997, to begin reviewing the 75,973
appropriateness of the negotiated Medicaid reimbursement rates 75,974
paid to managed care organizations for services provided to 75,975
Medicaid recipients in fiscal year 1998. By November 1, 1997, 75,976
the Committee must report its findings and/or recommendations 75,977
concerning the fiscal year 1998 rates to the Governor, the 75,978
Speaker of the House of Representatives, and the President of the 75,979
Senate.
Medicaid Managed Care for Individuals with MR/DD 75,981
In preparing the budget for medical assistance for state 75,983
fiscal years 2000 and 2001, as it pertains to services provided 75,984
to individuals with mental retardation and developmental 75,985
disabilities, the Office of Budget and Management and the 75,986
Department of Human Services shall review the results of any 75,987
study regarding the use of a managed care system that is prepared 75,989
and submitted to it by the Hattie Larlham Foundation and any 75,990
other entity that may have participated in the study. If a study 75,991
is submitted, the Office and Department shall attempt to 75,992
incorporate the study's proposed managed care system in the
medical assistance budget, if appropriate. 75,993
Ambulance Reimbursement Rate Review 75,995
The Department of Human Services shall review the 75,997
appropriateness of the reimbursement rates paid by the Medicaid 75,998
program for ambulance services. The Director of Human Services 76,000
shall report the findings of the department to the President of 76,001
the Senate, the Speaker of the House of Representatives, the 76,002
Director of Budget and Management, and the Legislative Budget 76,003
1684
Officer of the Legislative Service Commission. 76,004
Transfer Lapsed Funds in Fund 4A6 to GRF 76,006
The Department of Human Services shall certify the cash 76,008
balance of Fund 4A6 to the Director of Budget and Management who 76,009
shall transfer the remaining unexpended, unobligated balance in 76,010
Fund 4A6 to the General Revenue Fund.
Holding Account Redistribution Group 76,012
The foregoing appropriation items 400-643 and 400-644, 76,014
Holding Account Redistribution Fund Group, shall be used to hold 76,015
revenues until they are directed to the appropriate accounts or 76,016
until they are refunded. If it is determined that additional 76,017
appropriation authority is necessary, such amounts are hereby 76,018
appropriated.
Agency Fund Group 76,020
The foregoing appropriation items 400-646, 400-601, and 76,022
400-642, Agency Fund Group, shall be used to hold revenues until 76,023
they are directed to the appropriate accounts or until they are 76,024
directed to the appropriate governmental agency other than the 76,025
Department of Human Services. If it is determined that
additional appropriation authority is necessary, such amounts are 76,026
hereby appropriated. 76,027
State Special Revenue Fund Group 76,029
The foregoing appropriation items that appear in the 76,031
Department of Human Services' State Special Revenue Fund Group 76,032
shall be used to collect revenue from various sources and use the 76,033
revenue to support programs administered by the Department of 76,034
Human Services. If it is determined that additional
appropriations are necessary, the department shall notify the 76,035
Director of Budget and Management on forms prescribed by the 76,037
Controlling Board. If the director agrees that the additional 76,038
appropriation is necessary in order to perform the functions
allowable in the appropriation item then such amounts are hereby 76,039
appropriated. The Director of Budget and Management shall notify 76,040
the Controlling Board at their next regularly scheduled meeting 76,041
1685
as to the action taken.
Section 66.06. Transfer of Moneys from Hold Harmless Fund 76,043
to HCAP Fund
Section 5 of Sub. H.B. 870 of the 119th General Assembly is 76,045
hereby repealed. Any moneys remaining in the Hold Harmless Fund 76,046
(Fund 4E5) on the effective date of this repeal shall be 76,047
transferred by the Director of Budget and Management to the 76,048
Hospital Care Assurance Program Fund (Fund 651) to be distributed 76,049
to hospitals pursuant to section 5112.08 of the Revised Code.
Section 66.07. Adoptive Placement Payments 76,051
The foregoing appropriation item 400-408, Child & Family 76,053
Services Activities, may be used to make payments pursuant to 76,054
agreements entered into under section 5103.12 of the Revised 76,055
Code. 76,056
Consolidation of State Grants 76,058
With the consent of a county, the Department of Human 76,060
Services may combine into a single and consolidated grant of 76,061
state aid, funds that would otherwise be provided to that county 76,062
pursuant to the operation of section 5101.14 of the Revised Code 76,063
and other funds that would otherwise be provided to that county 76,064
for the purpose of providing kinship care and post-finalization 76,065
special adoption subsidies. In fiscal year 1999, the grant shall 76,067
also include unspent funds remaining from any grant provided to 76,068
the county under this section in fiscal year 1998.
Funds contained in any such consolidation grant shall not 76,070
be subject to either statutory or administrative rules which 76,071
would otherwise govern allowable uses from such funds, except 76,072
that such funds shall continue to be used by the county to meet 76,073
the expenses of its children services program. Funds contained 76,074
in any consolidation grant shall be paid to each county within 76,075
thirty days after the beginning of each calendar quarter. Funds 76,076
provided to a county under this section shall be deposited in the 76,078
children services fund, established in section 5101.143 of the 76,079
Revised Code, and shall be used for no other purpose than to meet 76,080
1686
the expenses of the children services program. Within ninety 76,081
days after the end of fiscal year 1999, each county shall return 76,082
to the Department of Human Services any unspent balance in the 76,083
consolidated grant, unless this section is renewed for a
subsequent period of time. 76,084
Adoption Connection of Cincinnati 76,086
Of the foregoing appropriation item 400-528, Adoption 76,088
Services, $42,000 in fiscal year 1998 and $42,000 in fiscal year 76,089
1999 is earmarked for Adoption Connection of Cincinnati. 76,090
Section 66.08. Study on Transfer of Assets and the 76,092
Medicaid Estate Recovery Program 76,093
The Department of Human Services shall conduct a study, or 76,095
contract for a study to be conducted, for the purpose of 76,096
determining the extent to which applicants for nursing home 76,097
services paid for through the Medicaid program are transferring 76,098
their assets for less than fair market value as a means of 76,099
avoiding depletion of their assets for their own support prior to 76,101
becoming eligible for Medicaid. The study shall include an
analysis of the Medicaid estate recovery program, including a 76,102
compilation of data regarding the frequency of homestead property 76,104
being available for recovery and the experience of other states 76,105
in operating Medicaid estate recovery programs. The study shall 76,106
include any recommendations for legislative changes that would 76,107
either deter the occurrence of pre-eligibility asset transfers or 76,108
enhance the efficacy of the Department's Medicaid estate recovery 76,109
program. Results of the study shall be filed by January 1, 1999, 76,110
with the Governor, the Speaker of the House of Representatives, 76,111
and the President of the Senate. 76,112
Section 67. IGO OFFICE OF THE INSPECTOR GENERAL 76,114
General Revenue Fund 76,116
GRF 965-321 Operating Expenses $ 506,824 $ 560,960 76,121
Total GRF General Revenue Fund $ 506,824 $ 560,960 76,124
TOTAL ALL BUDGET FUND GROUPS $ 506,824 $ 560,960 76,127
Section 68. NET OFFICE OF INFORMATION, LEARNING AND 76,130
1687
TECHNOLOGY SERVICES 76,131
General Revenue Fund 76,133
GRF 228-404 SchoolNet $ 17,249,333 $ 17,586,800 76,138
GRF 228-559 Interactive Parenting 76,140
Program $ 1,650,000 $ 1,200,000 76,142
Total GRF General Revenue Fund $ 18,899,333 $ 18,786,800 76,145
General Services Fund Group 76,147
5D4 228-640 SchoolNet Fees $ 100,000 $ 100,000 76,152
TOTAL GSF General Services 76,153
Fund Group $ 100,000 $ 100,000 76,156
State Special Revenue Fund Group 76,159
4W9 228-630 Ohio SchoolNet 76,162
Telecommunity Fund $ 1,625,000 $ 1,625,000 76,164
4X1 228-632 Distance Learning 76,166
Administration $ 100,000 $ 100,000 76,168
4X1 228-634 Distance Learning $ 2,984,000 $ 2,984,000 76,172
4Y4 228-698 SchoolNet Plus $ 126,064,253 $ 30,600,000 76,176
5G0 228-650 Interactive Video 76,178
Distance Learning $ 9,200,000 $ 0 76,180
TOTAL SSR State Special Revenue 76,181
Fund Group $ 139,973,253 $ 35,309,000 76,184
Lottery Profits Education Fund Group 76,187
017 228-690 SchoolNet Electrical 76,190
Infrastructure $ 30,000,000 $ 0 76,192
TOTAL 017 and 018 Lottery Profits 76,193
Education Fund Group $ 30,000,000 $ 0 76,196
TOTAL ALL BUDGET FUND GROUPS $ 188,972,586 $ 54,195,800 76,199
Section 68.01. SchoolNet 76,202
The foregoing appropriation item 228-404, SchoolNet, shall 76,204
be used by the Office of Information, Learning and Technology 76,205
Services to make grants to qualifying schools, including the 76,206
State School for the Blind and the Ohio School for the Deaf for 76,207
the provision of hardware, software, telecommunications services, 76,209
and staff development to support educational uses of technology 76,210
1688
in the classroom.
The Ohio Educational Telecommunications Network Commission 76,212
with the advice of the Office of Information, Learning and 76,213
Technology Services shall make grants totaling up to $1,400,000 76,214
in each year of the biennium for research development and 76,215
production of interactive instructional programming series and 76,216
teleconferences to support SchoolNet. Up to $50,000 of this 76,217
amount shall be used in each year of the biennium to provide for 76,218
the administration of these activities by the Ohio Educational 76,219
Telecommunications Network Commission. The programming shall be 76,220
targeted to the needs of the poorest 200 school districts as 76,221
determined by the district's adjusted valuation per pupil as 76,222
defined in section 3317.0213 of the Revised Code. 76,223
Of the foregoing appropriation item 228-404, SchoolNet, 76,225
$3,300,000 in each fiscal year shall be distributed by the Office 76,227
of Information, Learning and Technology Services to low-wealth 76,228
districts or consortia including low-wealth school districts, as 76,229
determined by the district's adjusted valuation per pupil as 76,230
defined in section 3317.0213 of the Revised Code, or the State 76,231
School for the Blind or the Ohio School for the Deaf, with the 76,232
advice of the Information, Learning and Technology Authority. 76,233
Of the foregoing appropriation item 228-404, SchoolNet, up 76,235
to $250,000 in fiscal year 1998 may be used to develop 76,236
educational materials related to the restoration of the 76,237
Statehouse and its role in Ohio government. 76,238
Of the foregoing line item 228-404, SchoolNet, $250,000 in 76,240
fiscal year 1998 shall be used for the Cincinnati Zoo Distance 76,241
Learning Project. 76,242
The remaining funds allocated under this section shall be 76,244
used by the Office of Information, Learning and Technology 76,245
Services for administration and professional development for 76,246
teachers and administrators for the use of educational 76,247
technology. The Office shall make grants to provide technical 76,248
assistance and professional development on the use of educational 76,250
1689
technology to school districts.
Eligible recipients of grants include regional training 76,252
centers, county offices of education, data collection sites, 76,253
instructional technology centers, institutions of higher 76,254
education, public television stations, special education resource 76,256
centers, area media centers, or other nonprofit educational 76,257
organizations. Services provided through these grants may 76,258
include use of private entities subcontracting through the grant 76,259
recipient.
Grants shall be made to entities on a contractual basis 76,261
with the Office of Information, Learning and Technology Services. 76,262
Contracts shall include provisions that demonstrate how services 76,263
will benefit technology use in the schools, and in particular 76,264
will support SchoolNet efforts to support technology in the 76,265
schools. Contracts will specify the scope of assistance being 76,266
offered and the potential number of professionals who will be 76,267
served. Contracting entities may be awarded more than one grant 76,268
at a time. 76,269
Grants shall be awarded in a manner consistent with the 76,271
goals of SchoolNet. Special emphasis in the award of grants 76,272
should be placed on collaborative efforts among service 76,273
providers.
Application for funds from this appropriation must be 76,275
consistent with school district technology plans as described in 76,276
Section 31 of Am. Sub. H.B. 790 of the 120th General Assembly. 76,277
Funds allocated through these grants may be combined with funds 76,278
received through other state or federal grants for technology as 76,279
long as the school district's technology plan specifies the use 76,280
of these funds. The Office may combine the application for these 76,282
grants with the SchoolNet application process authorized in Am. 76,283
Sub. H.B. 790 of the 120th General Assembly.
Section 68.02. Interactive Parenting Program 76,285
The foregoing appropriation item 228-559, Interactive 76,287
Parenting Program, shall be used by the Office of Information, 76,288
1690
Learning and Technology Services to fund a grant to RISE, Inc. as 76,290
partial support to train preschool staff members and parents.
It is the intent of the General Assembly that the office, 76,292
in conjunction with RISE, Inc., shall develop a program which may 76,293
be conducted in conjunction with state supported technology 76,294
programs including, but not limited to, SchoolNet appropriation 76,295
item 228-404, Ohio Educational Computer Network appropriation 76,296
item 228-426 and Education Technology appropriation item 228-539, 76,298
designed to educate preschool staff members and providers on 76,299
developmentally appropriate teaching methods and to involve 76,300
parents more closely in the education and development of their 76,301
children. The project shall include an interactive instructional 76,302
program, which will be distributed to program participants at up 76,303
to twenty-six locations throughout the state. The interactive 76,304
instructional program shall be developed to enhance the 76,305
professional development, training, and performance of preschool 76,306
staff members; the education and care-giving skills of the 76,307
parents of preschool children; and the preparation of preschool 76,308
aged children for learning.
The project shall utilize the grant and matching non-public 76,310
funds to continue a direct-service program that will include at 76,311
least three teleconferences to be distributed by Ohio-based 76,312
public television utilizing satellite or microwave technology in 76,313
a matter designed to promote interactive communications between 76,314
the program participants located at sub-sites within the Ohio 76,315
Educational Broadcast Network or as determined by the office. 76,316
Program participants shall communicate with trainers and 76,317
participants at other program sites through telecommunications 76,318
and facsimile and on-line computer technology. To the maximum 76,319
extent possible, the project shall utilize systems currently 76,320
available in state supported technology programs and conduct the 76,321
program in a manner that promotes innovative, interactive 76,322
communications between the program participants at all of the 76,323
sites. Parent support groups and teacher training sessions will 76,324
1691
supplement the teleconferences, and will occur on a local basis. 76,325
RISE, Inc., may subcontract components of the project. 76,327
Individuals eligible to participate in the program shall 76,329
include those children, their parents, custodians, or guardians, 76,330
and preschool staff members who are eligible to participate in a 76,331
preschool program as defined in division (A) of section 3301.52 76,332
and section 5104.02 of the Revised Code. 76,333
(A) In addition to the foregoing, up to $400,000 each 76,335
fiscal year may be used by RISE, Inc., to enter into a 76,336
competitively bid contract with a not-for-profit entity or 76,337
entities to conduct a series of training programs for adult 76,338
volunteers who work with adolescent youths in after school 76,339
mentoring programs, including youth serving organizations such as 76,340
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 76,341
public school mentor programs. The series of programs shall be 76,342
designed to:
(1) Improve the quality and effectiveness of adult 76,344
volunteers so that they would sustain their involvement with 76,345
youths over time. Specifically, they would improve their ability 76,346
to motivate, supervise, and communicate with young people. 76,347
(2) Improve the quality and effectiveness of adult 76,349
volunteers so that the children they mentor, coach, teach, or 76,350
befriend would sustain their involvement with youth-serving 76,351
organizations over time. 76,352
(3) Encourage collaboration between all Ohio youth-serving 76,355
organizations, including: 4-H, Boy Scouts, Girls Scouts, Big 76,356
Brother, Big Sisters, and others.
(4) Provide cost-efficient, sustainable distance learning 76,359
to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, 76,361
Inc., the program participants shall be able to demonstrate that 76,362
leading national experts in adolescent development intervention 76,363
programs will be utilized and that such program will make use of 76,364
a variety of media to engage participants and assist them in 76,365
1692
learning the goals of the program. The program shall be designed 76,366
to focus on the adult volunteers who assist in youth development. 76,368
Training content shall focus on:
(1) Development issues for youth; 76,370
(2) Best practices to motivate, guide and communicate with 76,373
these youths;
(3) Strategies for successful adult-to-adult interpersonal 76,376
relationships that are necessary for on-going learning and 76,377
support.
The program may include: two broadcast seminars of three 76,379
hours in length from a central up-link station, distributed up to 76,380
88 counties, corporate settings and extension offices with 76,381
on-site facilitated discussion and exercises; high 76,382
production-value video sought in various locations; direct 76,383
interactive adult learning activities; and shall develop program 76,384
workbooks. The program shall also involve at least three small 76,385
group facilitated follow-up discussion workshops; and development 76,386
and distribution of at least two home videos. The program shall 76,387
also provide Internet access, interactive lines, bulletin board, 76,388
and CD-ROM. 76,389
Private sector supporters or RISE, Inc., subcontractors 76,391
shall match 50 per cent of the contract amount awarded under this 76,392
program. Upon completion of the program, a study and report shall 76,393
be made by The Ohio State University with measurable outcome 76,394
variables.
Upon completion of each of the school years for which the 76,396
grant was made, RISE, Inc., shall issue a report to the office 76,397
and the members of the General Assembly explaining the goals and 76,398
objectives determined, the activities implemented, the progress 76,399
made toward the achievement of the goals and objectives, and the 76,400
outcome of the project. 76,401
Distance Learning 76,403
Appropriation item 228-634, Distance Learning, shall be 76,405
distributed by the Office of Information, Learning and Technology 76,407
1693
Services on a grant basis to eligible school districts to 76,408
establish "distance learning" in the school district. Per the 76,409
agreement with Ameritech, school districts are eligible for funds 76,410
if they are within an Ameritech service area. Funds to 76,411
administer the program shall be expended by the office up to the 76,412
amount specified in the agreement with Ameritech. 76,413
Within 30 days of the effective date of this section, the 76,415
Director of Budget and Management shall transfer from fund 4XI in 76,417
the State Special Revenue Fund Group any investment earnings from 76,418
moneys paid to the office or to the Department of Education by 76,419
any telephone company as part of a settlement agreement between 76,420
such company and the Public Utilities Commission in fiscal year 76,421
1995.
Section 68.03. SchoolNet Plus 76,423
In fiscal year 1998, by July 10, the Director of Budget and 76,425
Management shall transfer $28,000,000 cash from the General 76,426
Revenue Fund to the Office of Information, Learning and 76,427
Technology Services' line item 4Y4 228-698, SchoolNet Plus. In 76,429
fiscal year 1998, by July 10, the Director of Budget of 76,430
Management shall transfer $3,664,253 from the Lottery 76,431
Commission's Unclaimed Prizes Fund (Fund 872) to the Office of 76,432
Information, Learning and Technology Services' line item 4Y4 76,433
228-698, SchoolNet Plus. In addition, on or before July 31, 76,434
1997, pursuant to the section titled "Transfer of Fiscal Year
1997 Ending Balances" $94,400,000 in surplus revenue shall be 76,435
transferred to line item 4Y4 228-698, SchoolNet Plus. A total of 76,436
$31,664,253 shall be distributed from line item 4Y4 228-698, 76,437
SchoolNet Plus, to non-qualifying districts to bring their total 76,438
SchoolNet Plus payment up to $350 per pupil for students in 76,439
kindergarten through the fourth grade. 76,440
To complete the SchoolNet Plus program, the Director of 76,442
Budget and Management shall transfer in fiscal year 1999 76,443
$30,600,000 cash from the General Revenue Fund to the office's 76,444
line item 4Y4 228-698, SchoolNet Plus. 76,445
1694
Before any city, local, or exempted village school district 76,447
applies for and receives additional funds through the SchoolNet 76,448
Plus program, it must certify to the Office of Information, 76,449
Learning, and Technology Services that it has used any previous 76,450
moneys received through the SchoolNet Plus program to purchase 76,451
and install computers for children enrolled in grades 76,452
kindergarten through four, and that the equipment and software 76,453
are being utilized daily as of the certification date. School 76,454
districts may use their SchoolNet Plus moneys for assistant 76,455
technology for disabled students. 76,456
Interactive Video Distance Learning 76,458
The foregoing appropriation item 200-650, Interactive Video 76,460
Distance Learning, shall be used in fiscal year 1998 to help fund 76,461
interactive video distance learning projects in local, exempted 76,462
village, city, and joint vocational schools. The Office of 76,463
Information, Learning, and Technology shall determine grant 76,464
amounts in accordance with the guidelines of this section.
Priority shall be given to consortiums of schools where a 76,465
significant number of all the schools in a geographic area have 76,466
demonstrated a desire to participate in the program and where no 76,467
interactive video distance learning project involving multiple 76,468
school districts now exists. Efforts shall be made to ensure
that consortiums funded are geographically dispersed around the 76,469
state.
The Office of Information, Learning, and Technology 76,471
Services shall calculate a maximum grant amount for each approved 76,472
school district or consortium. Such maximum grant shall be the 76,473
amount sufficient to equip one classroom in each high school 76,474
building of the participating school districts capable of both
originating and receiving programming and may include one 76,475
additional classroom in each high school building for receiving 76,476
only. The maximum grant amount may also include funds for 76,477
interconnecting the various sites involved in the consortium, for 76,478
planning and for professional development. The percentage of the 76,479
1695
maximum grant amount awarded to school districts or consortia
shall be greater for lower property valuation districts, and 76,480
consortia of lower property valuation districts, and less for 76,481
higher property valuation districts, and consortia. The amount 76,482
awarded shall take into account the subsidy and discount 76,483
available through the Federal Communication Commission's
telephone universal service plan for schools, and may include a 76,484
subsidy, up to the maximum permissible under the Snow-Rockefeller 76,485
amendment, of the monthly telephone, cable, or other connection 76,486
charges for operation of the interactive distance learning 76,487
programming. School districts or consortia of school districts 76,488
whose per pupil valuation for the average of the preceding two
years exceed 60 per cent of the statewide median valuation per 76,490
pupil shall be eligible for funds only if they commit, as part of
the application process, to provide programming without charge or 76,491
at minimal cost to school districts whose valuation is below the 76,492
statewide median valuation per pupil. 76,493
Section 68.04. SchoolNet Electrical Infrastructure 76,495
The foregoing appropriation item 228-690, SchoolNet 76,497
Electrical Infrastructure, may be used by school districts to 76,498
renovate existing buildings with sufficient electrical service to 76,500
safely operate educational technology consistent with their
SchoolNet and SchoolNet Plus technology plans. The Office of 76,501
Information, Learning and Technology Services will review grant 76,502
proposals from school districts for the use of these funds. In 76,503
evaluating grant proposals the office will consider the ability 76,504
and commitment of school districts to contribute local public and 76,506
private resources to upgrade the electrical service and will give 76,507
consideration to consortia of school districts which have formed 76,508
to optimize resources to upgrade their electrical service. In no 76,509
case will grant awards exceed $1,000,000 for a single school 76,510
district. Funding recommendations for this appropriation made by 76,511
the office are subject to the review of the Information, Learning 76,512
and Technology Authority.
1696
Of the foregoing appropriation item 228-690, SchoolNet 76,514
Electrical Infrastructure, $2,800,000 in fiscal year 1998 shall 76,515
be distributed to the University of Akron for the completion of 76,516
Medina Achievement Center/Medina Educational Support Center 76,517
link-up project. 76,518
If an appropriation balance is available in this line item 76,520
as of June 30, 1998, the Director of Budget and Management shall 76,521
transfer the balance of the appropriation to fiscal year 1999. 76,523
Section 69. INS DEPARTMENT OF INSURANCE 76,525
State Special Revenue Fund Group 76,527
554 820-606 Operating Expenses $ 14,576,639 $ 15,029,623 76,532
555 820-605 Examination $ 5,537,374 $ 5,678,223 76,536
TOTAL SSR State Special Revenue 76,537
Fund Group $ 20,114,013 $ 20,707,846 76,540
TOTAL ALL BUDGET FUND GROUPS $ 20,114,013 $ 20,707,846 76,543
Market Conduct Examination 76,546
When conducting a market conduct examination of any insurer 76,548
doing business in this state, the Superintendent of Insurance may 76,549
assess the costs of such examination against the insurer. The 76,550
Superintendent may enter into consent agreements to impose 76,551
administrative assessments or fines for conduct discovered that 76,552
may be violations of statutes or regulations administered by the 76,553
Superintendent. All costs, assessments, or fines collected shall 76,554
be deposited to the credit of the Department of Insurance 76,555
Operating Fund (Fund 554). 76,556
Examinations of Domestic Fraternal Benefit Societies 76,558
The Superintendent of Insurance may transfer funds from the 76,560
Department of Insurance Operating Fund (Fund 544) established by 76,561
section 3901.021 of the Revised Code to the Superintendents 76,562
Examination Fund (Fund 555) established by section 3901.071 of 76,563
the Revised Code, only for the expenses incurred in examining 76,564
Domestic Fraternal Benefit Societies as required by section 76,565
3921.35 of the Revised Code. 76,566
Section 70. JCO JUDICIAL CONFERENCE OF OHIO 76,568
1697
General Revenue Fund 76,570
GRF 018-321 Operating Expenses $ 623,000 $ 648,000 76,575
GRF 018-502 Court Security 76,577
Subsidy $ 1,250,000 $ 10,000,000 76,580
TOTAL GRF General Revenue Fund $ 1,873,000 $ 10,648,000 76,583
General Services Fund Group 76,586
403 018-601 Ohio Jury 76,589
Instructions $ 173,000 $ 173,000 76,591
TOTAL GSF General Services 76,592
Fund Group $ 173,000 $ 173,000 76,595
TOTAL ALL BUDGET FUND GROUPS $ 2,046,000 $ 10,821,000 76,598
State Board of Uniform State Laws 76,601
Notwithstanding the provisions of section 105.26 of the 76,603
Revised Code, of the foregoing appropriation item 018-321, 76,604
Operating Expenses, up to $53,900 in fiscal year 1998 and up to 76,605
$56,595 in fiscal year 1999 may be used to pay the expenses of 76,606
the commissioners of the State Board of Uniform Laws, including 76,607
membership dues to the National Conference of Commissioners of 76,608
Uniform State Laws. 76,609
Court Security Subsidy 76,611
The foregoing appropriation item 018-502, Court Security 76,613
Subsidy, shall be used for one-time expenditures only. 76,614
Within thirty days of the effective date of this act, the 76,616
Executive Director of the Judicial Conference of Ohio shall issue 76,617
a written report to the Speaker of the House of Representatives, 76,618
the President of the Senate, the Chair of the House Finance and 76,619
Appropriations Committee, and the Chair of the Senate Finance and 76,620
Financial Institutions Committee on the planned method of
distributing funds for grants from the foregoing appropriation 76,621
item 018-502, Court Security Subsidy. 76,622
Ohio Jury Instructions Fund 76,624
The Ohio Jury Instructions Fund (Fund 403) shall consist of 76,626
grants, royalties, dues, conference fees, bequests, devises, and 76,627
other gifts received for the purpose of supporting costs incurred 76,628
1698
by the Judicial Conference of Ohio in dispensing education and 76,629
informational data to the State of Ohio's judicial system. Fund 76,630
403 shall be used by the Judicial Conference of Ohio to pay 76,631
expenses incurred in dispensing educational and informational 76,632
data to the State of Ohio's judicial system. All moneys accruing 76,633
to Fund 403 in excess of $173,000 in fiscal year 1998 and in 76,634
excess of $173,000 in fiscal year 1999 are hereby appropriated 76,635
for the purposes authorized. 76,636
No money in the Ohio Jury Instructions Fund shall be 76,638
transferred to any other fund by the Director of Budget and 76,639
Management or the Controlling Board. 76,640
Section 71. JSC THE JUDICIARY/SUPREME COURT 76,642
General Revenue Fund 76,644
GRF 005-321 Operating Expenses - 76,646
Judiciary $ 74,092,450 $ 77,565,272 76,648
GRF 005-401 State Criminal 76,650
Sentencing Pool $ 342,131 $ 353,296 76,652
GRF 005-501 County Appeal Risk 76,654
Pool $ 2,000,000 $ 2,000,000 76,656
GRF 010-321 Operating Expenses - 76,658
Supreme Court $ 8,455,163 $ 8,778,035 76,660
GRF 010-401 Law-Related Education $ 197,340 $ 197,340 76,664
GRF 010-402 Community Punishment $ 85,000 $ 85,000 76,668
TOTAL GRF General Revenue Fund $ 85,172,084 $ 88,978,943 76,671
General Services Fund Group 76,673
6A2 005-602 Dispute Resolution $ 35,000 $ 35,000 76,678
672 005-601 Continuing Judicial 76,680
Education $ 225,000 $ 225,000 76,682
Total GSF General Services 76,683
Fund Group $ 260,000 $ 260,000 76,686
State Special Revenue Fund Group 76,689
643 010-601 Commission on 76,692
Continuing Legal
Education $ 254,946 $ 267,074 76,694
1699
6A8 010-602 Supreme Court 76,696
Admissions $ 180,868 $ 186,294 76,698
4C8 010-603 Attorney Registration $ 1,379,241 $ 1,440,696 76,702
Total SSR State Special Revenue 76,703
Fund Group $ 1,815,055 $ 1,894,064 76,706
Federal Special Revenue Fund Group 76,708
3J0 005-603 Federal Miscellaneous $ 700,000 $ 700,000 76,713
TOTAL FED Federal Special 76,714
Revenue Fund $ 700,000 $ 700,000 76,717
Holding Account Redistribution Fund Group 76,720
R47 010-604 Supreme Court Cost 76,723
Fund $ 10,000 $ 10,000 76,725
TOTAL 090 Holding Account 76,726
Redistribution Fund Group $ 10,000 $ 10,000 76,729
TOTAL ALL BUDGET FUND GROUPS $ 87,957,139 $ 91,843,007 76,732
County Appeal Risk Pool 76,735
The foregoing appropriation item 005-501, County Appeal 76,737
Risk Pool, may be distributed to reimburse counties for increased 76,739
expenditures which occur as a result of the felony sentence and
racial disparity appeal provisions of Am. Sub. S.B. 2 of the 76,740
121st General Assembly. The funds are to be distributed to 76,742
counties in accordance with the recommendations of the Felony
Sentence Appeal Cost Oversight Committee established pursuant to 76,743
section 2945.68 of the Revised Code. The funds shall be used for 76,746
the purposes of providing financial assistance to counties in 76,747
accordance with section 2945.68 of the Revised Code.
Community Punishment 76,749
The foregoing appropriation item, 010-402, Community 76,751
Punishment, shall be used by the Supreme Court and the Ohio 76,752
Criminal Sentencing Commission to encourage common pleas court 76,753
judges to punish felony offenders in local punishments funded 76,754
through the Department of Rehabilitation and Correction's Bureau
of Community Sanctions. 76,755
Continuing Judicial Education 76,757
1700
The Continuing Judicial Education Fund (Fund 672) shall 76,759
consist of fees paid by judges and court personnel for attending 76,761
continuing education courses and other gifts and grants received 76,763
for the purpose of continuing judicial education. The foregoing 76,764
appropriation item 005-601, Continuing Judicial Education, shall 76,765
be used to pay expenses for continuing education courses for 76,766
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 76,767
appropriations are necessary, the amounts are hereby 76,768
appropriated.
No money in the Continuing Judicial Education Fund shall be 76,770
transferred to any other fund by the Director of Budget and 76,771
Management or the Controlling Board. Interest earned on moneys 76,772
in the Continuing Judicial Education Fund shall be credited to 76,773
the Fund. 76,774
Dispute Resolution 76,776
The Dispute Resolution Fund (Fund 6A2) shall consist of 76,778
grants and other moneys awarded to promote alternative dispute 76,779
resolution in the Ohio courts and deposited into the Dispute 76,780
Resolution Fund pursuant to the Rules for the Government of the 76,781
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 76,782
Resolution, shall promote alternative dispute resolution programs 76,783
in the Ohio courts and be used for the education of judges, 76,784
attorneys, and other court personnel in dispute resolution 76,785
concepts. If it is determined by the Administrative Director of 76,786
the Supreme Court that additional appropriations are necessary, 76,787
the amounts are hereby appropriated. 76,788
No money in the Dispute Resolution Fund shall be 76,790
transferred to any other fund by the Director of Budget and 76,791
Management or the Controlling Board. Interest earned on moneys 76,792
in the Dispute Resolution Fund shall be credited to the Fund. 76,793
Federal Miscellaneous 76,795
The Federal Miscellaneous Fund (3J0) shall consist of 76,797
grants and other moneys awarded to the Supreme Court of Ohio (The 76,798
1701
Judiciary) by the United States Government, the State Justice 76,799
Institute, or other entities that receive the moneys directly 76,800
from the United States Government or the State Justice Institute 76,801
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 76,802
Miscellaneous, shall be used in a manner consistent with the 76,803
purpose of the grant or award. If it is determined by the 76,804
Administrative Director of the Supreme Court that additional 76,805
appropriations are necessary, the amounts are hereby
appropriated.
No money in the Federal Miscellaneous Fund shall be 76,807
transferred to any other fund by the Director of Budget and 76,808
Management or the Controlling Board. However, interest earned on 76,809
moneys in the Federal Miscellaneous Fund on or after July 1, 76,810
1995, shall be credited or transferred to the General Revenue
Fund. 76,811
Law-Related Education 76,813
The foregoing appropriation item 010-401, Law-Related 76,815
Education, shall be distributed directly to the Ohio Center for 76,816
Law-Related Education for the purposes of providing continuing 76,817
citizenship education activities to primary and secondary 76,818
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 76,819
private money for new programs. 76,821
Continuing Legal Education 76,823
The foregoing appropriation item 010-601, Commission on 76,825
Continuing Legal Education, shall be used to compensate employees 76,826
of the Commission on Continuing Legal Education, established 76,827
pursuant to the Supreme Court Rules for the Government of the Bar 76,828
of Ohio, and to fund other activities of the Commission 76,829
considered appropriate by the Court. If it is determined by the
Administrative Director of the Supreme Court that additional 76,830
appropriations are necessary, the amounts are hereby 76,831
appropriated.
1702
No moneys in the Continuing Legal Education Fund shall be 76,833
transferred to any other fund by the Director of Budget and 76,834
Management or the Controlling Board. Interest earned on moneys 76,835
in the Continuing Legal Education Fund shall be credited to the 76,836
Fund.
Supreme Court Admissions 76,838
The foregoing appropriation item 010-602, Supreme Court 76,840
Admissions, shall be used to compensate Supreme Court employees 76,841
who are primarily responsible for administering the attorney 76,842
admissions program, pursuant to the Rules for the Government of 76,843
the Bar of Ohio, and to fund any other activities considered
appropriate by the Court. Moneys shall be deposited into the 76,844
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 76,845
Court Rules for the Government of the Bar of Ohio. If it is 76,846
determined by the Administrative Director of the Supreme Court 76,847
that additional appropriations are necessary, the amounts are 76,848
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 76,850
transferred to any other fund by the Director of Budget and 76,851
Management or the Controlling Board. Interest earned on moneys 76,852
in the Supreme Court Admissions Fund shall be credited to the 76,853
Fund.
Attorney Registration 76,855
In addition to funding other activities considered 76,857
appropriate by the Supreme Court, the foregoing appropriation 76,858
item 010-603, Attorney Registration, may be used to compensate 76,859
employees and fund the appropriate activities of the following 76,860
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 76,861
Disciplinary Counsel, the Board of Commissioners on Grievances 76,862
and Discipline, the Clients' Security Fund, the Board of 76,863
Commissioners on the Unauthorized Practice of Law, and the Office 76,864
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 76,865
1703
appropriations are necessary, the amounts are hereby 76,866
appropriated.
No moneys in the Attorney Registration Fund shall be 76,868
transferred to any other fund by the Director of Budget and 76,869
Management or the Controlling Board. Interest earned on moneys 76,870
in the Attorney Registration Fund shall be credited to the Fund. 76,871
Supreme Court Cost Fund 76,873
The Supreme Court Cost Fund (R47) is hereby created in the 76,875
state treasury and shall consist of all security deposits and 76,876
other funds other than filing or docket fees received by the 76,877
clerk of the Supreme Court pursuant to the Rules of Practice of 76,878
the Supreme Court. The foregoing appropriation item 010-604,
Supreme Court Cost Fund, shall be used and distributed by the 76,879
clerk as provided in the Rules of Practice of the Supreme Court 76,881
or order of the Supreme Court. If it is determined by the 76,882
Administrative Director of the Supreme Court that additional 76,883
appropriations are necessary, the amounts are hereby
appropriated.
No moneys in the Supreme Court Cost Fund shall be 76,885
transferred to any other fund by the Director of Budget and 76,886
Management or the Controlling Board.
Section 72. LEC LAKE ERIE COMMISSION 76,888
State Special Revenue Fund 76,890
4C0 780-601 Lake Erie Protection 76,893
Fund $ 270,001 $ 308,964 76,895
5D8 780-602 Lake Erie Resources 76,897
Fund $ 477,555 $ 490,921 76,899
TOTAL SSR State Special Revenue 76,900
Fund Group $ 747,556 $ 799,885 76,903
TOTAL ALL BUDGET FUND GROUPS $ 747,556 $ 799,885 76,906
The foregoing appropriation items 780-601, Lake Erie 76,909
Protection Fund, and 780-602, Lake Erie Resources Fund, shall be 76,910
administered pursuant to sections 1506.23 and 1506.24 of the 76,911
Revised Code.
1704
Not later than July 31 of each fiscal year, the Lake Erie 76,913
Commission shall certify to the Director of Budget and Management 76,915
a cash amount to transfer from the Lake Erie Protection Fund 76,916
(Fund 4C0) to the Lake Erie Resources Fund (Fund 5D8) to be used 76,917
for the operating expenses of the Lake Erie Commission. 76,918
Notwithstanding division (A) of section 1506.23 and 76,920
division (A) of section 1506.24 of the Revised Code, not later 76,922
than July 31, 1997, the Ohio Lake Erie Commission shall designate 76,923
one of its members to administer the Lake Erie Protection Fund
and the Lake Erie Resources Fund and, with the approval of the 76,924
Commission, to expend moneys from the funds for the purposes 76,925
described in sections 1506.23 and 1506.24 of the Revised Code. 76,927
Section 73. LRS LEGAL RIGHTS SERVICE 76,929
General Revenue Fund 76,931
GRF 054-100 Personal Services $ 298,363 $ 316,896 76,936
GRF 054-200 Maintenance $ 48,145 $ 49,493 76,940
GRF 054-300 Equipment $ 2,633 $ 2,707 76,944
GRF 054-401 Ombudsman $ 363,534 $ 363,534 76,948
TOTAL GRF General Revenue Fund $ 712,675 $ 732,630 76,951
General Services Fund Group 76,954
416 054-601 Gifts and Donations $ 1,189 $ 1,222 76,959
TOTAL GSF General Services 76,960
Fund Group $ 1,189 $ 1,222 76,963
Federal Special Revenue Fund Group 76,966
3B8 054-603 Protection and 76,969
Advocacy - Mentally
Ill $ 656,625 $ 656,625 76,971
3N3 054-606 Protection Advocacy - 76,973
Individual Rights $ 210,168 $ 210,168 76,975
3N9 054-607 Assistive Technology $ 56,490 $ 56,490 76,979
305 054-602 Protection and 76,981
Advocacy -
Developmentally
Disabled $ 1,006,478 $ 1,006,478 76,983
1705
TOTAL FED Federal Special Revenue 76,984
Fund Group $ 1,929,761 $ 1,929,761 76,987
TOTAL ALL BUDGET FUND GROUPS $ 2,643,625 $ 2,663,613 76,990
Section 74. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 76,993
General Revenue Fund 76,995
GRF 028-321 Legislative Ethics 76,998
Committee $ 540,960 $ 555,197 77,000
TOTAL GRF General Revenue Fund $ 540,960 $ 555,197 77,003
State Special Revenue Fund Group 77,006
4G7 028-601 Joint Legislative 77,009
Ethics Commitee $ 50,000 $ 35,000 77,011
TOTAL SSR State Special Revenue $ 50,000 $ 35,000 77,014
Fund
TOTAL ALL BUDGET FUND GROUPS $ 590,960 $ 590,197 77,017
Section 75. LSC LEGISLATIVE SERVICE COMMISSION 77,020
General Revenue Fund 77,022
GRF 035-321 Operating Expenses $ 7,231,000 $ 7,445,000 77,027
GRF 035-402 Legislative Interns $ 705,000 $ 740,000 77,031
GRF 035-403 Legislative Budget 77,033
Office $ 2,330,000 $ 2,446,000 77,035
GRF 035-404 Legislative Office of 77,037
Education Oversight $ 658,933 $ 683,891 77,039
GRF 035-405 Correctional 77,041
Institution
Inspection Committee $ 475,000 $ 490,000 77,043
GRF 035-406 ATMS Replacement 77,045
Project $ 80,000 $ 80,000 77,047
GRF 035-407 Legislative Task 77,049
Force on
Redistricting,
Reapportionment, and 77,050
Demographic Research $ 830,000 $ 320,000 77,052
GRF 035-409 National Associations $ 510,957 $ 376,729 77,056
1706
GRF 035-410 Legislative 77,058
Information Systems $ 3,200,000 $ 3,200,000 77,060
TOTAL GRF General Revenue Fund $ 16,020,890 $ 15,781,620 77,063
General Services Fund Group 77,066
410 035-601 Sale of Publications $ 25,000 $ 25,000 77,071
4F6 035-603 Legislative Budget 77,073
Services $ 120,000 $ 128,000 77,075
TOTAL GSF General Services 77,076
Fund Group $ 145,000 $ 153,000 77,079
TOTAL ALL BUDGET FUND GROUPS $ 16,165,890 $ 15,934,620 77,082
ATMS Replacement Project 77,085
Of the foregoing appropriation item 035-406, ATMS 77,087
Replacement Project, any amounts not used for the ATMS project 77,088
may be used to pay the operating expenses of the Legislative 77,089
Service Commission. 77,090
National Associations 77,092
Of the foregoing appropriation item 035-409, National 77,094
Associations, $8,000 in each fiscal year shall be used for the 77,096
State and Local Legal Center.
Legislative Office of Education Oversight 77,098
The foregoing appropriation item 035-404, Legislative 77,100
Office of Education Oversight, shall be used to support the 77,101
legislative oversight activities of the Legislative Committee on 77,102
Education Oversight established in section 3301.68 of the Revised 77,103
Code. 77,104
The Legislative Office of Education Oversight shall study 77,106
ways for school districts to create a collaborative high school 77,107
with neighboring districts. The study will determine the types 77,108
of incentives, including state assistance, necessary to encourage 77,109
schools toward this type of collaboration. The Legislative 77,110
Office of Eduction Oversight shall report their recommendations
to the Speaker of the House and the President of the Senate no 77,111
later than June 30, 1999. 77,112
No later than January 31, 1999, the Legislative Office of 77,114
1707
Education Oversight shall issue a report on the status of the 77,115
educational service center consolidations mandated by Section 77,117
45.32 of Am. Sub. H.B. 117 of the 121st General Assembly, as 77,118
amended. The Office shall submit its report to the Speaker of 77,119
the House of Representatives and the President of the Senate. 77,120
The Legislative Office of Education Oversight shall conduct 77,122
a study of the shortage of speech-language pathologists and 77,124
audiologists available to treat students in schools. The 77,125
contents of the study and the methodology to be used in 77,126
conducting the study shall be determined by the Office. The
Office shall consult with the Department of Education, the Ohio 77,128
Board of Regents, and the Board of Speech-Language Pathology and 77,130
Audiology. Not later than December 31, 1998, the Office shall 77,131
submit to the Governor, Speaker of the House of Representatives, 77,132
and President of the Senate a report of its findings and 77,133
recommendations.
Section 76. LIB STATE LIBRARY BOARD 77,135
General Revenue Fund 77,137
GRF 350-100 Personal Services $ 4,827,514 $ 4,912,567 77,142
GRF 350-200 Maintenance $ 1,673,015 $ 1,743,662 77,146
GRF 350-300 Equipment $ 611,932 $ 634,043 77,150
GRF 350-400 Ohio Public Library 77,152
Information Network $ 6,547,592 $ 5,685,478 77,154
GRF 350-501 Cincinnati Public 77,156
Library $ 739,232 $ 757,713 77,158
GRF 350-502 Regional Library 77,160
Systems $ 851,653 $ 867,944 77,162
GRF 350-503 Cleveland Public 77,164
Library $ 974,246 $ 998,602 77,166
GRF 350-504 Ohio Humanities 77,168
Council $ 100,000 $ 100,000 77,170
TOTAL GRF General Revenue Fund $ 16,325,184 $ 15,700,009 77,173
General Services Fund Group 77,176
1708
139 350-602 Intra-Agency Service 77,179
Charges $ 9,991 $ 10,271 77,181
459 350-602 Interlibrary Service 77,183
Charges $ 660,607 $ 677,055 77,185
TOTAL GSF General Services 77,186
Fund Group $ 670,598 $ 687,326 77,189
Federal Special Revenue Fund Group 77,192
313 350-601 LSCA Federal $ 4,261,756 $ 4,261,756 77,197
313 350-603 LSCA Construction $ 551,592 $ 551,592 77,201
TOTAL FED Federal Special Revenue 77,202
Fund Group $ 4,813,348 $ 4,813,348 77,205
TOTAL ALL BUDGET FUND GROUPS $ 21,809,130 $ 21,200,683 77,208
Ohio Public Library Information Network 77,211
Of the foregoing appropriation line item 350-400, Ohio 77,213
Public Library Information Network, up to $1,000,000 in fiscal 77,214
year 1998 shall be used to fund the Net Wellness Program. The 77,216
remainder of appropriation item 350-400, Ohio Public Library 77,217
Information Network, shall be used for an information
telecommunications network linking public libraries in the state 77,218
and such others as may be certified as participants by the Ohio 77,219
Public Library Information Network Board. 77,220
The Ohio Public Library Information Network Board shall 77,224
consist of eleven members appointed by the State Library Board 77,225
from among the staff of public libraries and past and present 77,226
members of Boards of Trustees of public libraries, based on the 77,227
recommendations of the Ohio library community. The Ohio Public 77,228
Library Information Network Board in consultation with the State 77,229
Library shall develop a plan of operations for the network. The 77,230
Board shall have the authority to make decisions regarding the 77,231
use of the foregoing appropriation line items 350-400, Ohio 77,232
Public Library Information Network, and to receive and expend 77,233
grants to carry out the operations of the network in accordance 77,234
with state law and the authority to appoint and fix the 77,235
compensation of a director and necessary staff. The State 77,236
1709
Library will be the fiscal agent for the network and shall have 77,237
fiscal accountability for the expenditure of funds. 77,238
In order to limit access to obscene and illegal materials 77,240
through Internet use at Ohio Public Library Information Network 77,241
(OPLIN) terminals, local libraries with OPLIN computer terminals 77,242
shall adopt policies that control access to obscene and illegal 77,243
materials. These policies may include use of technological 77,245
systems to select or block certain Internet access. The OPLIN 77,246
may condition provision of its funds, goods, and services on 77,247
compliance with these policies. The OPLIN board may also adopt 77,248
and communicate specific recommendations to local libraries on 77,249
methods to control such improper usage. These methods may 77,250
include each library implementing a written policy controlling 77,252
such improper use of library terminals; requirements for parental
involvement or written authorization for juvenile Internet usage. 77,253
The OPLIN Board shall research and implement or advise 77,255
libraries on emerging technologies and methods that may be 77,256
effective means to control access to obscene and illegal 77,257
materials. On January 1, 1998, and quarterly thereafter through 77,258
April 1, 1999, the OPLIN Executive Director shall provide written
reports on a quarterly basis to the Governor, the Speaker of the 77,259
House of Representatives, and the President of the Senate on any 77,260
steps being taken by OPLIN and public libraries in this state to 77,261
limit and control such improper usage as well as information on 77,263
technological, legal, and law enforcement trends nationally and 77,264
internationally affecting this area of public access and service. 77,265
The Ohio Public Library Information Network, InfOhio, and 77,267
Ohio Link shall to the extent feasible, coordinate and cooperate 77,268
in their purchase or other acquisition of the use of electronic 77,269
databases for their respective users and shall contribute funds 77,270
in an equitable manner to such effort.
Ohio Humanities Council 77,272
The foregoing appropriation item 350-504, Ohio Humanities 77,274
Council, shall be used for joint humanities library projects. 77,275
1710
Section 77. LCO LIQUOR CONTROL COMMISSION 77,277
Liquor Control Fund Group 77,279
043 970-321 Operating $ 529,300 $ 540,458 77,284
TOTAL LCF Liquor Control Fund $ 529,300 $ 540,458 77,287
Group
TOTAL ALL BUDGET FUND GROUPS $ 529,300 $ 540,458 77,290
Section 78. LOT STATE LOTTERY COMMISSION 77,293
State Lottery Fund Group 77,295
044 950-100 Personal Services $ 20,393,308 $ 20,900,088 77,300
044 950-200 Maintenance $ 26,253,110 $ 26,980,020 77,304
044 950-300 Equipment $ 5,080,222 $ 3,815,872 77,308
044 950-402 Game and Advertising 77,310
Contracts $ 60,424,684 $ 61,208,888 77,312
044 950-601 Prizes, Bonuses, and 77,314
Commissions $ 170,196,883 $ 174,343,332 77,316
871 950-602 Annuity Prizes $ 157,269,859 $ 164,744,244 77,320
872 950-603 Unclaimed Lottery 77,322
Prizes $ 5,000,000 $ 5,000,000 77,324
TOTAL SLF State Lottery Fund 77,325
Group $ 444,618,066 $ 456,992,444 77,328
TOTAL ALL BUDGET FUND GROUPS $ 444,618,066 $ 456,992,444 77,331
Operating Expenses 77,334
The foregoing appropriation items include all amounts 77,336
necessary for the purchase and printing of tickets, consultant 77,337
services, and advertising. The Controlling Board may, at the 77,338
request of the State Lottery Commission, authorize additional 77,339
expenditures for operating expenses by the State Lottery 77,340
Commission from the State Lottery Fund up to a maximum of 15 per 77,341
cent of anticipated total revenue accruing from the sale of 77,342
lottery tickets. 77,343
Prizes, Bonuses, and Commissions 77,345
Any sums, in addition to the amounts specifically 77,347
appropriated in appropriation item 950-601, Prizes, Bonuses, and 77,348
Commissions, which are determined to be necessary for these 77,349
1711
purposes, are hereby appropriated. 77,350
Annuity Prizes 77,352
With the approval of the Office of Budget and Management, 77,354
the State Lottery Commission shall transfer cash from the State 77,355
Lottery Fund (Fund 044) to the Annuity Prizes Fund (Fund 871), in 77,356
an amount sufficient to fund such prizes. The Treasurer of State 77,357
shall, from time to time, credit the Deferred Prizes Trust Fund 77,358
(Fund 871) the pro rata share of interest earned by the Treasurer 77,359
of State on invested balances. 77,360
Any sums, in addition to the amounts specifically 77,362
appropriated in the appropriation item 950-602, Annuity Prizes, 77,363
which are determined to be necessary for these purposes, are 77,364
hereby appropriated. 77,365
Section 79. LLW LOW-LEVEL RADIOACTIVE WASTE 77,367
FACILITY DEVELOPMENT AUTHORITY 77,368
State Special Revenue Fund 77,370
5A6 710-601 Low-Level Radioactive 77,372
Waste Development
Fund $ 1,066,480 $ 1,127,190 77,374
TOTAL SSR State Special Revenue 77,375
Fund Group $ 1,066,480 $ 1,127,190 77,378
TOTAL ALL BUDGET FUND GROUPS $ 1,066,480 $ 1,127,190 77,381
Section 80. MED STATE MEDICAL BOARD 77,384
General Services Fund Group 77,386
4K9 883-609 Operating $ 5,823,491 $ 0 77,391
5C6 883-609 State Medical Board 77,393
Operating $ 0 $ 5,865,118 77,395
TOTAL GSF General Services 77,396
Fund Group $ 5,823,491 $ 5,865,118 77,399
TOTAL ALL BUDGET FUND GROUPS $ 5,823,491 $ 5,865,118 77,402
Transfer Operations - Fund 4K9 and Fund 5C6 77,405
At the request of the Executive Director of the State 77,407
Medical Board, the Director of Budget and Management may cancel 77,408
encumbrances in Fund 4K9 and reestablish such encumbrances, or 77,409
1712
parts thereof, in fiscal year 1999 in Fund 5C6 for the same 77,410
purpose and to the same vendor. The Director of Budget and
Management shall reduce the appropriation balance in fiscal year 77,411
1998 by the amount of encumbrances canceled in Fund 4K9. As 77,412
determined by the Director of Budget and Management, the 77,413
appropriation authority necessary to reestablish such 77,414
encumbrances, or parts thereof, in fiscal year 1999 in Fund 5C6
for the State Medical Board is hereby appropriated. 77,415
At such time that the Director of Budget and Management 77,417
deems appropriate, the estimated cash balance of Fund 4K9 which 77,418
is to the credit of the State Medical Board as determined by the 77,419
Director of Budget and Management, shall be transferred to Fund 77,420
5C6. The Director of Budget and Management shall transfer the 77,421
difference between any estimated amount previously transferred
and the final amount prior to the end of fiscal year 1999. 77,422
Section 81. DMH DEPARTMENT OF MENTAL HEALTH 77,424
Division of General Administration Intragovernmental Service Fund 77,426
Group 77,427
151 235-601 General 77,430
Administration $ 67,012,077 $ 68,847,261 77,432
TOTAL ISF Intragovernmental $ 67,012,077 $ 68,847,261 77,435
Service Fund Group
Division of Mental Health-- 77,437
Psychiatric Services to Correctional Facilities 77,438
General Revenue Fund 77,440
GRF 332-401 Forensic Services $ 4,275,652 $ 4,857,543 77,445
TOTAL GRF General Revenue Fund $ 4,275,652 $ 4,857,543 77,448
TOTAL ALL BUDGET FUND GROUPS $ 71,287,729 $ 73,704,804 77,451
Forensic Services 77,454
The foregoing appropriation item 322-401, Forensic 77,456
Services, shall be used to provide psychiatric services to courts 77,458
of common pleas. Funds used for this purpose shall be allocated 77,459
through community mental health boards to certified community 77,460
agencies and shall be distributed according to the criteria 77,461
1713
delineated in Rule 5122:4-1-01 of the Administrative Code. These 77,462
community forensic funds may also be used to provide forensic 77,463
training to community mental health boards and to provide 77,464
evaluations of patients of forensic status in facilities operated 77,465
by the Department of Mental Health prior to conditional release 77,466
to the community.
In addition, appropriation item 332-401 may be used to 77,468
support pilot projects involving mental health, substance abuse, 77,469
courts, and law enforcement to identify and develop appropriate 77,470
alternative services to institutionalization for non-violent 77,471
mentally ill offenders, and to provide linkage to community 77,472
services for severely mentally disabled offenders released from 77,474
institutions operated by the Department of Rehabilitation and 77,477
Correction. Funds may also be utilized for subsidies to 77,478
communities to provide forensic monitoring and tracking in 77,479
addition to pilot community programs serving persons of forensic 77,480
status on conditional release or probation. 77,481
In addition, the Department of Mental Health may transfer 77,483
an amount of the foregoing appropriation, 332-401, Forensic 77,484
Services, to the Department of Youth Services' Community Mental 77,486
Health and Substance Abuse Treatment Fund (4J7) and the 77,487
Department of Rehabilitation and Correction's Community Mental
Health and Substance Abuse Treatment Fund (4J3). No later than 77,488
sixty days after the effective date of this act, the Departments 77,489
of Mental Health, Rehabilitation and Correction, and Youth 77,490
Services shall enter into an interagency agreement to define the 77,492
relationship and responsibilities between parties regarding the
funding and monitoring of the Mental Health and Substance Abuse 77,493
Demonstration Grant projects. Specific amounts to be transferred 77,494
shall be determined by the interagency agreement. Transfers 77,495
shall be made by intrastate transfer voucher. 77,496
Division of Mental Health-- 77,497
Administration and Statewide Programs 77,498
General Revenue Fund 77,500
1714
GRF 333-100 Personal Services - 77,503
Central
Administration $ 15,940,094 $ 16,346,471 77,505
GRF 333-200 Maintenance $ 2,570,711 $ 2,629,897 77,509
GRF 333-300 Equipment $ 651,826 $ 486,926 77,513
GRF 333-402 Residency Traineeship 77,515
Programs $ 1,468,513 $ 1,505,226 77,517
GRF 333-403 Behavioral Health 77,519
Medicaid
Administration $ 730,000 $ 645,750 77,521
GRF 333-415 Rental Payments OPFC $ 39,489,000 $ 32,411,000 77,525
GRF 333-416 Research Program 77,527
Evaluation $ 939,184 $ 962,664 77,529
TOTAL GRF General Revenue Fund $ 61,789,328 $ 54,987,934 77,532
General Services Fund Group 77,535
149 333-609 Sale of Goods and 77,538
Services $ 2,438,758 $ 2,506,829 77,540
TOTAL General Services Fund Group $ 2,438,758 $ 2,506,829 77,543
Federal Special Revenue Fund Group 77,546
3A7 333-612 Social Services Bk. 77,549
Gt. $ 24,000 $ 24,000 77,551
3A8 333-613 Letter of Credit $ 125,755 $ 7,000 77,555
3A9 333-614 Mental Health Block 77,557
Grant $ 644,212 $ 644,212 77,559
3B1 333-635 Community Medicaid 77,561
Expansion $ 4,624,851 $ 4,839,524 77,563
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 77,567
TOTAL Federal Special Revenue 77,568
Fund Group $ 5,568,818 $ 5,664,736 77,571
State Special Revenue Fund Group 77,574
4X5 333-607 Behavioral Health 77,577
Medicaid Services $ 160,790,181 $ 160,790,181 77,579
485 333-632 Mental Health 77,581
Operating $ 117,606 $ 120,899 77,583
1715
TOTAL State Special Revenue 77,584
Fund Group $ 160,907,787 $ 160,911,080 77,587
TOTAL ALL BUDGET FUND GROUPS $ 230,704,691 $ 224,070,579 77,590
Residency Traineeship Programs 77,593
The foregoing appropriation item 333-402, Residency 77,595
Traineeship Programs, shall be used to fund training agreements 77,596
entered into by the Department of Mental Health for the 77,597
development of curricula and the provision of training programs 77,598
to support public mental health services. The appropriation line
item may also be used to assist in the development of a statewide 77,599
public academic mental health council to coordinate the 77,600
collaboration between the public mental health system and college 77,601
and university traineeship programs established pursuant to 77,602
section 5119.11 of the Ohio Revised Code.
Behavioral Health Medicaid Administration 77,604
The foregoing appropriation item 333-403, Behavioral Health 77,606
Medicaid Administration, shall be used to monitor, assess, and 77,607
evaluate the vendor responsible for specified Medicaid services 77,608
transferred from the Department of Human Services to the 77,609
Departments of Mental Health and Alcohol and Drug Addiction 77,610
Services. In addition, the appropriation item may be used to pay
for costs to ensure that uniform statewide methods for 77,611
pre-admission screening are in place to perform assessments for 77,612
persons in need of mental health services or whom institutional 77,613
placement in a hospital or in another inpatient facility is 77,614
sought. Pre-admission screening includes the following
activities: pre-admission assessment, consideration of continued 77,615
stay requests, discharge planning and referral, and adjudication 77,616
of appeals and grievance procedures. 77,617
Management Tools in Community Services through Medicaid 77,621
(A) The Directors of Mental Health and Alcohol and Drug 77,623
Addiction Services shall convene a workgroup to examine and make 77,624
recommendations regarding the implementation of management 77,625
controls and related standards for the community mental health, 77,626
1716
alcohol, and other drug addition services that are provided by
the Departments of Mental Health and Alcohol and Drug Addiction 77,627
Services and boards of alcohol, drug addiction, and mental health 77,628
services and reimbursed through the Medicaid program pursuant to 77,629
interagency agreements with the Department of Human Services. 77,630
The recommendations for Medicaid management controls and 77,631
standards shall ensure that systems of providing alcohol, drug
addiction, and mental health services are integrated, are managed 77,632
locally, as required by Chapter 340. of the Revised Code, and 77,633
meet applicable standards for accessibility, quality, and 77,634
cost-effectiveness.
The issues addressed by the workgroup shall include the 77,636
following:
(1) Standards and procedures to be followed that allow for 77,638
selection of providers that are best-qualified for delivery of 77,639
services;
(2) Methods and standards for setting and negotiating 77,641
reimbursement rates;
(3) Methods and protocols for utilization review, 77,643
management review, and external quality review; 77,644
(4) Requirements and standards for consumer and family 77,646
education;
(5) Standards for consumer and provider grievance and 77,648
appeal procedures;
(6) The entire range of service-purchasing options, 77,650
including individual providers, provider networks, and integrated 77,651
service delivery system contracting; 77,652
(7) Methods for making the service procurement process 77,654
more efficient, including reduction and elimination of 77,655
unnecessary regulatory requirements.
(B) The members of the workgroup shall be appointed by the 77,657
Directors of Mental Health and Alcohol and Drug Addiction 77,659
Services. The membership shall include representatives of boards 77,660
of alcohol, drug addiction, and mental health services, boards of 77,661
1717
county commissioners, and other constituency groups identified by 77,662
the Directors.
(C) Not later than September 30, 1997, the workgroup shall 77,664
prepare a report of its recommendations for legislative, 77,665
executive, and administrative initiatives and submit a copy of 77,666
the report and initiatives to the Governor, Speaker of the House 77,669
of Representatives, and President of the Senate. The workgroup
shall cease to exist on submission of the report. 77,671
Rental Payments to the Ohio Public Facilities Commission 77,673
The foregoing appropriation item 333-415, Rental Payments 77,675
to the Ohio Public Facilities Commission, shall be used to meet 77,676
all payments at the times they are required to be made during the 77,677
period from July 1, 1997 to June 30, 1999, by the Department of 77,678
Mental Health to the Ohio Public Facilities Commission pursuant 77,679
to leases and agreements made under section 154.20 of the Revised 77,680
Code, but limited to the aggregate amount of $71,900,000. 77,682
Nothing in this act shall be deemed to contravene the obligation 77,683
of the state to pay, without necessity for further appropriation, 77,684
from the sources pledged thereto, the bond service charges on 77,685
obligations issued pursuant to section 154.20 of the Revised 77,686
Code.
Section 81.01. Division of Mental Health--Hospitals 77,688
General Revenue Fund 77,690
GRF 334-408 Community Mental 77,693
Health and Hospital
Services $ 321,032,595 $ 323,242,956 77,695
GRF 334-506 Court Costs $ 966,274 $ 966,274 77,699
TOTAL GRF General Revenue Fund $ 319,998,869 $ 322,209,230 77,702
General Services Fund Group 77,705
149 334-609 Sale of Goods and 77,708
Services $ 5,000,328 $ 5,016,303 77,710
150 334-620 Special Education $ 80,000 $ 80,000 77,714
TOTAL GSF General Services 77,716
Fund Group $ 5,080,328 $ 5,096,303 77,719
1718
Federal Special Revenue Fund Group 77,722
3A6 334-608 Federal Miscellaneous $ 13,000 $ 13,000 77,727
3B0 334-617 Elementary/Secondary 77,729
Education Act $ 121,859 $ 121,859 77,731
324 334-605 Medicaid/Medicare $ 13,902,568 $ 13,119,261 77,735
TOTAL FED Federal Special Revenue 77,736
Fund Group $ 14,037,427 $ 13,254,120 77,739
State Special Revenue Fund Group 77,742
485 334-632 Mental Health 77,745
Operating $ 2,946,516 $ 2,981,700 77,747
692 334-636 Risk Fund $ 550,605 $ 566,022 77,751
TOTAL SSR State Special Revenue 77,752
Fund Group $ 3,497,121 $ 3,547,722 77,755
TOTAL ALL BUDGET FUND GROUPS $ 344,613,745 $ 346,017,375 77,758
Allocation of 334-408 Line Item 77,762
Of the foregoing appropriation item 334-408, Community 77,764
Mental Health and Hospital Services, a minimum of $146,587,699 in 77,765
fiscal year 1998 and $149,519,453 in fiscal year 1999 shall be 77,766
allocated to the community mental health boards as subsidy 77,767
dollars.
Risk Fund 77,769
The foregoing appropriation item 334-636, Risk Fund, shall 77,771
be used to make payments pursuant to section 5119.62 of the 77,772
Revised Code. 77,773
Section 81.02. Division of Mental Health--Community 77,775
Support Services 77,776
General Revenue Fund 77,778
GRF 335-419 Community Medication 77,781
Subsidy $ 4,960,052 $ 6,448,068 77,783
GRF 335-502 Community Mental 77,785
Health Programs $ 36,623,180 $ 37,648,629 77,787
GRF 335-508 Services for Severely 77,789
Mentally Disabled
Persons $ 57,567,677 $ 59,361,999 77,791
1719
TOTAL GRF General Revenue Fund $ 99,150,909 $ 103,458,696 77,794
General Services Fund Group 77,797
4N8 335-606 Family Stability 77,800
Incentive $ 7,000,000 $ 7,000,000 77,802
TOTAL GSF General Services 77,803
Fund Group $ 7,000,000 $ 7,000,000 77,806
Federal Special Revenue Fund Group 77,809
3A7 335-612 Social Services Block 77,812
Grant $ 13,580,000 $ 13,580,000 77,814
3A8 335-613 Letter of Credit $ 3,428,000 $ 428,000 77,818
3A9 335-614 Mental Health Block 77,820
Grant $ 12,240,033 $ 12,240,033 77,822
3B1 335-635 Community Medicaid 77,824
Expansion $ 142,000,000 $ 154,700,000 77,826
TOTAL FED Federal Special Revenue 77,827
Fund Group $ 171,248,033 $ 180,948,033 77,830
TOTAL ALL BUDGET FUND GROUPS $ 276,761,221 $ 290,253,729 77,833
Department Total 77,834
General Revenue Fund $ 487,214,758 $ 487,513,403 77,837
General Services Fund Group $ 14,519,086 $ 14,603,132 77,840
Department Total 77,841
Federal Special Revenue 77,842
Fund Group $ 190,854,278 $ 199,866,889 77,845
Department Total 77,846
State Special Revenue Fund Group $ 164,404,908 $ 164,458,802 77,849
Intragovernmental Fund Group $ 67,012,077 $ 68,847,261 77,852
Total Department of Mental Health $ 924,005,107 $ 935,289,487 77,855
Section 81.03. Community Medication Subsidy 77,857
The foregoing appropriation item 335-419, Community 77,859
Medication Subsidy, shall be used to provide subsidized support 77,860
for psychotropic medication needs of indigent citizens in the 77,861
community to reduce unnecessary hospitalization because of lack 77,862
of medication and to provide subsidized support for methadone 77,863
costs. 77,864
1720
General Community Mental Health Programs 77,866
The foregoing appropriation item 335-502, Community Mental 77,868
Health Programs, shall be distributed by the Department of Mental 77,870
Health on a per capita basis to community mental health boards. 77,871
The purpose of the appropriation shall be to provide 77,873
subsidized support for general mental health services to Ohioans 77,874
who are not eligible for services funded by appropriation item 77,875
335-508, Services for Severely Mentally Disabled Persons. The 77,876
range of mental health services eligible for funding shall be 77,877
defined in a Department of Mental Health administrative rule. 77,878
Community mental health boards shall allocate funds in support of 77,880
these services in accordance with the mental health needs of the 77,881
community.
Mental Health Services for Severely Mentally Disabled 77,883
Persons
The foregoing appropriation item 335-508, Services for 77,885
Severely Mentally Disabled Persons, shall be used to fund mental 77,886
health services for adults and children who meet or have formerly 77,888
met criteria established by the Department of Mental Health under 77,889
its definition of severely mentally disabled. Those adults and 77,890
children who constitute severely mentally disabled shall include 77,891
those with a history of recent or chronic psychiatric 77,892
hospitalizations, a history of psychosis, a prognosis of 77,893
continued severe social and adaptive functioning impairment, or 77,894
those certified impaired by the Social Security Administration 77,895
for reasons of mental illness. In addition to the above, children 77,896
and adolescents who are currently determined to be severely 77,897
mentally disabled, or who are at risk of becoming severely mental 77,898
disabled, and who are already in or about to enter the juvenile 77,899
justice system, or child welfare system, or receiving special 77,900
education services within the education system may also receive 77,901
services funded by appropriation item 335-508, Services for 77,902
Severely Mentally Disabled Persons.
Of the foregoing appropriation item 335-508, Services for 77,905
1721
Severely Mentally Disabled Persons, no less than $5,371,895 in 77,906
fiscal year 1998 and $5,871,895 in fiscal year 1999 shall be used 77,907
to fund the Housing Assistance Program, which shall continue to 77,908
be managed by the Department of Mental Health.
Of the foregoing appropriation item 335-508, Services for 77,911
Severely Mentally Disabled Persons, the Department shall transfer 77,912
by intrastate voucher $2.7 million in each fiscal year to Fund 77,913
4N8, appropriation item 335-606, Family Stability Incentive. 77,914
Behavioral Health Medicaid Services 77,916
The Department of Mental Health shall administer specified 77,918
Medicaid Services as delegated by the Department of Human 77,920
Services in an interagency agreement. Moneys deposited into Fund 77,921
4X5, appropriation item 333-607, Behavioral Health Medicaid 77,922
Services, shall be used to make monthly payments to the statewide 77,923
Behavioral Health Care vendor responsible for managing the
specified Medicaid services transferred from the Department of 77,924
Human Services to the Department of Mental Health and to support 77,925
the expansion of the Multi-Agency Community Services Information 77,926
System.
Committee to Study Mental Health Funding 77,928
There is hereby created the Committee to Study Mental 77,930
Health Funding. The Committee shall consist of five members of 77,931
the House of Representatives, three of whom shall be of the 77,932
majority party and two of whom shall be of the minority party. 77,933
All five members are to be appointed by the Speaker of the House 77,934
of Representatives. The Committee shall also consist of five
members of the Senate, three of whom shall be of the majority 77,935
party and two of whom shall be of the minority party. All five 77,936
members are to be appointed by the President of the Senate. The 77,937
Speaker of the House of Representatives and President of the 77,938
Senate shall jointly appoint one of the five House members to
serve as chairperson of the Committee. The members of the 77,939
Committee shall be appointed within thirty days of the effective 77,940
date of this section.
1722
The Committee shall study the use of funding in the 77,942
Department of Mental Health's budget, including the methodology 77,943
by which the funds are distributed, how they are spent, and their 77,944
effectiveness. Not later than June 30, 1998, the Committee shall 77,945
submit a report of its findings and recommendations regarding 77,946
funding in the Department of Mental Health's budget to the
Speaker and the Minority Leader of the House of Representatives 77,947
and the President and the Minority Leader of the Senate. The 77,948
Legislative Service Commission and the Legislative Budget Office 77,949
shall provide staff for the Committee.
Section 82. DMR DEPARTMENT OF MENTAL RETARDATION 77,951
AND DEVELOPMENTAL DISABILITIES 77,952
General Administration and Statewide Services 77,954
General Revenue Fund 77,956
GRF 320-321 Central 77,959
Administration $ 11,015,916 $ 11,291,313 77,961
GRF 320-411 Special Olympics $ 200,000 $ 200,000 77,965
GRF 320-412 Protective Services $ 1,307,328 $ 1,307,328 77,969
GRF 320-415 Rent Payments-OPFC $ 41,966,000 $ 38,194,000 77,973
TOTAL GRF General Revenue Fund $ 54,489,244 $ 50,992,641 77,976
General Services Fund Group 77,979
4B5 320-640 Conference/Training $ 657,000 $ 692,196 77,984
TOTAL GSF General Services 77,985
Fund Group $ 657,000 $ 692,196 77,988
Federal Special Revenue Fund Group 77,991
3A4 320-605 Administration 77,994
Support $ 5,000,000 $ 5,174,825 77,996
3A5 320-613 DD Council $ 799,020 $ 826,986 78,000
325 320-618 Client Assistance 78,002
Program $ 465,750 $ 482,051 78,004
325 320-634 Protective Services $ 828,000 $ 856,980 78,008
TOTAL FED Federal Special Revenue 78,009
Fund Group $ 7,092,770 $ 7,340,842 78,012
TOTAL ALL BUDGET FUND GROUPS $ 62,239,014 $ 59,025,679 78,015
1723
Rental Payments to the Ohio Public Facilities Commission 78,019
The foregoing appropriation item 320-415, Rental Payments 78,021
to the Ohio Public Facilities Commission, shall be used to meet 78,022
all payments at the times they are required to be made during the 78,023
period from July 1, 1997, to June 30, 1999, by the Department of 78,024
Mental Retardation and Developmental Disabilities to the Ohio 78,025
Public Facilities Commission pursuant to leases and agreements 78,026
made under section 154.20 of the Revised Code, but limited to the 78,027
aggregate amount of $80,160,000. Nothing in this act shall be 78,028
deemed to contravene the obligation of the state to pay, without 78,029
necessity for further appropriation, from the sources pledged 78,030
thereto, the bond service charges on obligations issued pursuant 78,031
to section 154.20 of the Revised Code. 78,032
Section 82.01. Community Services 78,034
General Revenue Fund 78,036
GRF 322-405 State Use Program $ 251,125 $ 257,403 78,041
GRF 322-413 Residential and 78,043
Support Services $ 128,243,095 $ 131,449,172 78,045
GRF 322-414 Sermak Class Services $ 2,000,000 $ 2,000,000 78,049
GRF 322-451 Family Support 78,051
Services $ 6,914,478 $ 7,087,340 78,054
GRF 322-452 Case Management $ 6,067,537 $ 6,219,225 78,058
GRF 322-501 County MR/DD Boards $ 44,194,082 $ 46,104,904 78,062
TOTAL GRF General Revenue Fund $ 187,670,317 $ 193,118,044 78,065
General Services Fund Group 78,068
4J6 322-645 Intersystem Services 78,071
for Children $ 3,587,500 $ 3,677,188 78,073
4U4 322-606 Community MR and DD 78,075
Trust $ 102,800 $ 105,678 78,077
4V1 322-611 Miscellaneous Use $ 20,500 $ 21,013 78,081
488 322-603 Residential Services 78,083
Refund $ 2,831,000 $ 2,992,546 78,085
TOTAL GSF General Services 78,086
Fund Group $ 6,541,800 $ 6,796,425 78,089
1724
Federal Special Revenue Fund Group 78,092
3A4 322-605 Community Program 78,095
Support $ 2,320,000 $ 2,401,200 78,097
325 322-608 Federal Grants $ 1,131,378 $ 1,170,976 78,101
3A4 322-610 Community Residential 78,103
Support $ 5,000,000 $ 5,175,000 78,105
325 322-612 Social Service Block 78,107
Grant $ 15,100,000 $ 15,100,000 78,109
3A5 322-613 DD Council $ 3,244,725 $ 3,358,290 78,113
325 322-614 Health and Human 78,115
Services $ 207,000 $ 214,245 78,117
325 322-617 Elementary & 78,119
Secondary Education
Act $ 143,380 $ 148,833 78,121
3G6 322-639 Medicaid Waiver $ 165,410,100 $ 173,782,807 78,125
3M7 322-650 CAFS Medicaid $ 121,729,131 $ 126,221,647 78,129
TOTAL FED Federal Special Revenue 78,130
Fund Group $ 314,285,714 $ 327,572,998 78,133
State Special Revenue Fund Group 78,136
4K8 322-604 Waiver - Match $ 11,798,099 $ 12,191,446 78,141
TOTAL SSR State Special Revenue 78,142
Fund Group $ 11,798,099 $ 12,191,446 78,145
TOTAL ALL BUDGET FUND GROUPS $ 520,295,930 $ 539,678,913 78,148
Residential and Support Services 78,151
The foregoing appropriation item 322-413, Residential and 78,153
Support Services, shall be used for state contracted purchase of 78,154
service in accordance with section 5123.18 of the Revised Code, 78,155
supported living services contracted by county boards of mental 78,156
retardation and developmental disabilities in accordance with 78,157
sections 5126.40 to 5126.47 of the Revised Code, and home and
community-based waiver services and OBRA waiver services pursuant 78,158
to Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 78,159
42 U.S.C. 301, as amended. 78,160
After all obligations from the foregoing appropriation item 78,162
1725
322-413, Residential and Support Services, are settled, any 78,163
remaining appropriations may be used by the Director, who shall 78,164
then have continuing authority to use the appropriation for the 78,165
following purposes:
(1) To transfer state contracted purchase of service 78,167
moneys to supported living when providers and county boards agree 78,168
on specified conversions in accordance with standards in division 78,169
(C) of section 5126.44 and section 5126.451 of the Revised Code; 78,170
(2) To provide additional moneys for purchase of service 78,172
providers for persons they serve who are ineligible for such 78,173
placement on the waiver with funding in accordance with the 78,174
provisions of section 5123.18 of the Revised Code;
(3) To provide moneys for Individual Options and OBRA 78,176
Waiver services for persons enrolled prior to July 1, 1995; 78,177
(4) To provide additional moneys for supported living 78,179
services and to provide moneys for match if additional home and 78,180
community-based waiver services are available. 78,181
Notwithstanding Chapters 5123. and 5126. of the Revised 78,183
Code, the Department of Mental Retardation and Developmental 78,184
Disabilities may develop residential and support service programs 78,185
that enable persons with mental retardation and developmental 78,186
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 78,187
may waive the support collection requirements of those statutes 78,188
for persons in community programs developed by the department 78,189
under this section. The department shall adopt rules pursuant to 78,190
Chapter 119. of the Revised Code or may use existing rules for 78,191
the implementation of these programs.
Shared Funding Agreement 78,193
As used under this heading, "government agency" and 78,195
"residential services" have the same meanings as in section 78,196
5123.18 of the Revised Code. 78,197
The Department of Mental Retardation and Developmental 78,199
Disabilities may enter into a shared funding agreement with 78,201
1726
government agencies to provide residential services to an 78,204
individual for whom the department may use funds in appropriation 78,205
item 322-413, Residential and Support Services, and the
government agency may use other public funds. If adequate funds 78,206
are available in appropriation item 322-413, the department may 78,208
renegotiate a shared funding agreement as necessary.
If a government agency or provider of residential services 78,210
has reason to believe that the amount the department will pay 78,211
under a shared funding agreement for an individual's residential 78,212
services is based on inaccurate cost reports or likely to cause 78,213
the individual to receive substandard care, the agency or 78,214
provider may appeal to the Director of Mental Retardation and
Developmental Disabilities pursuant to rules the director shall 78,215
adopt in accordance with Chapter 119. of the Revised Code. If 78,216
the director determines good cause exists after hearing an 78,217
appeal, he may change the amount the department will pay for an 78,218
individual's residential services.
The amount the department pays for an individual's 78,220
residential services under a shared funding agreement shall not 78,222
exceed the maximum rate for purchase of service contracts 78,223
established by rule 5123-11-01 of the Ohio Administrative Code 78,224
and shall not be reduced by any public funds the individual is
eligible to receive or have paid on his behalf by another 78,226
government agency.
OBRA Waiver Program-Payment of One-Time Costs and Cost of 78,228
Room and Board 78,229
Pursuant to rules adopted under Chapter 119. of the Revised 78,231
Code, the Department of Mental Retardation and Developmental 78,232
Disabilities may use appropriation item 322-413, Residential and 78,233
Support Services, to pay one-time costs and the cost of room and 78,235
board for individuals receiving home and community-based services 78,236
under the OBRA program. One-time costs are costs associated with 78,237
establishing a home in the community.
State Subsidies to MR/DD boards 78,239
1727
Of the foregoing appropriation item 322-501, County MR/DD 78,241
Boards, $1,500,000 in each fiscal year shall be used to fund the 78,242
tax equity program in accordance with sections 5126.16, 5126.17, 78,243
and 5126.18 of the Revised Code.
In fiscal year 1998 and fiscal year 1999, up to $550,000 of 78,245
the foregoing appropriation item 322-501, County MR/DD Boards, 78,246
may be transferred to the Ohio Association of County Boards of 78,247
Mental Retardation and Developmental Disabilities for technical 78,248
assistance to county MR/DD boards, and other agencies under 78,249
contract with the county boards, for implementation of Medicaid 78,250
services through the home and community-based waivers, OhioCare,
and any other Medicaid services that may be developed for the 78,251
provision of community services, including, but not limited to, 78,252
case management, delegation of nursing, and other administrative 78,253
services.
Developmental Center Program to Develop a Model for Billing 78,256
for Services Rendered
Developmental centers of the Department of Mental 78,258
Retardation and Developmental Disabilities may provide services 78,259
to persons with mental retardation or developmental disabilities 78,260
living in the community or to providers of services to these 78,261
persons. The department may develop a methodology for recovery 78,262
of all costs associated with the provisions of these services. 78,263
Family Support Services 78,265
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 78,267
5126.11 of the Revised Code, the Department of Mental Retardation 78,268
and Developmental Disabilities may implement programs funded by 78,269
appropriation item 322-451, Family Support Services, to provide 78,270
assistance to persons with mental retardation or developmental 78,271
disabilities and their families who are living in the community. 78,273
The department shall establish rules to implement these programs. 78,274
Case Management 78,276
The foregoing appropriation item 322-452, Case Management, 78,278
shall be allocated to county boards of mental retardation and 78,280
1728
developmental disabilities for the purpose of providing case 78,281
management services and to assist in bringing state funding for 78,282
all department approved case managers within county boards of 78,283
mental retardation and developmental disabilities to the level 78,284
authorized in division (D) of section 5126.15 of the Revised 78,285
Code. The department may request approval from the Controlling 78,286
Board to transfer any unobligated appropriation authority from 78,287
other state General Revenue Fund appropriation items within the 78,288
department's budget to appropriation item 322-452, Case 78,289
Management, to be used to meet the statutory funding level in 78,290
division (D) of section 5126.15 of the Revised Code. 78,291
Notwithstanding division (D) of section 5126.15 of the 78,293
Revised Code and subject to funding in appropriation item 78,294
322-452, Case Management, no county may receive less than its 78,295
allocation of fiscal year 1995.
Sermak Class Services 78,297
Notwithstanding Chapters 5123. and 5126. of the Revised 78,299
Code, the foregoing appropriation item 322-414, Sermak Class 78,300
Services, shall be used to implement the requirement of the 78,301
consent decree in the case of Sermak v. Manuel, c-2-80-220, 78,302
United States District Court for the Southern District of Ohio,
Eastern Division. 78,303
Waiver - Match 78,305
The foregoing appropriation item 322-604, Waiver Match, 78,307
shall be used as state matching funds for the home and 78,308
community-based waivers. 78,309
The Department of Human Services may enter into an 78,311
interagency agreement with the Department of Mental Retardation 78,312
and Developmental Disabilities providing for the Department of 78,313
Mental Retardation and Developmental Disabilities to operate the 78,314
program. 78,315
Action Committee for MR/DD System Vision Paper 78,317
The Director of the Department of Mental Retardation and 78,319
Developmental Disabilities shall appoint a committee to provide 78,320
1729
assistance in forming recommendations for the implementation of 78,321
an action plan for the MR/DD System Vision Paper. The committee 78,322
shall be composed of representatives of the department, county 78,323
boards of mental retardation and developmental disabilities, 78,324
residential providers, and other advocates for individuals with 78,325
developmental disabilities. The committee shall work at the 78,326
direction of the Director or the Director's designee to produce 78,328
written recommendations for the action plan. The committee shall 78,330
provide minutes of meetings, materials distributed, and final 78,331
written recommendations to two members of the House of
Representatives, who shall not be of the same political party and 78,333
who shall be appointed by the Speaker of the House of
Representatives, and to two members of the Senate, who shall not 78,334
be of the same political party and who shall be appointed by the 78,335
President of the Senate. The Director may appoint subcommittees 78,337
with additional representatives to enable greater participation 78,338
and involvement in this system reform. The committee shall be 78,339
formed within thirty days after the effective date of this
section.
Temporary Language for Cash Transfer 78,341
Sixty days after the effective date of this section, the 78,343
Director of Mental Retardation and Developmental Disabilities 78,344
shall certify the cash balance of the Special Education Fund 78,345
(Fund 153) to the Director of Budget and Management. Fund 153 is 78,346
used for maintenance and equipment needs of the developmental 78,347
centers. Upon approval by the Director of Budget and Management, 78,348
the remaining cash in Fund 153 shall be transferred to Fund 152,
which is hereby renamed the Miscellaneous Revenue Fund. 78,349
Section 82.02. Developmental Centers 78,351
General Revenue Fund 78,353
GRF 323-321 Developmental Centers 78,356
Operations $ 98,760,405 $ 100,241,811 78,358
TOTAL GRF General Revenue Fund $ 98,760,405 $ 100,241,811 78,361
General Services Fund Group 78,364
1730
152 323-609 Miscellaneous Revenue $ 750,919 $ 771,945 78,369
TOTAL GSF General Services 78,370
Fund Group $ 750,919 $ 771,945 78,373
Federal Special Revenue Fund Group 78,376
3A4 323-605 Developmental Center 78,379
Reimbursement $ 130,462,156 $ 139,594,507 78,381
325 323-608 Federal Grants $ 362,250 $ 374,928 78,385
325 323-617 Elementary & 78,387
Secondary Education
Act $ 246,263 $ 254,882 78,389
TOTAL FED Federal Special Revenue 78,390
Fund Group $ 131,070,669 $ 140,224,317 78,393
State Special Revenue Fund Group 78,396
489 323-632 Operating Expense $ 9,228,116 $ 9,458,896 78,401
TOTAL SSR State Special Revenue 78,402
Fund Group $ 9,228,116 $ 9,458,896 78,405
TOTAL ALL BUDGET FUND GROUPS $ 239,810,109 $ 250,696,969 78,408
DEPARTMENT TOTAL GENERAL REVENUE 78,411
FUND $ 340,919,966 $ 344,352,496 78,413
DEPARTMENT TOTAL GENERAL SERVICES 78,414
FUND GROUP $ 7,949,719 $ 8,260,566 78,416
DEPARTMENT TOTAL FEDERAL SPECIAL 78,417
REVENUE FUND GROUP $ 452,449,153 $ 475,138,157 78,419
DEPARTMENT TOTAL STATE SPECIAL 78,420
REVENUE FUND GROUP $ 21,026,215 $ 21,650,342 78,422
TOTAL DEPARTMENT OF MENTAL 78,423
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 822,345,053 $ 849,401,561 78,426
Section 82.03. DMR Cost Report 78,429
The Department of Mental Retardation and Developmental 78,431
Disabilities shall conduct a study of the costs of providing 78,432
services and supports to persons with mental retardation or other 78,433
developmental disabilities. The study shall include a statewide 78,434
representative sample of clients with varying developmental 78,435
1731
disabilities and the costs of providing services and supports to 78,436
each. Costs that are to be part of the study shall include, but 78,437
not necessarily be limited to, those paid for by the state, 78,438
federal, and local governments. Services and supports that are
to be part of the study shall include, but not be limited to, 78,439
housing, personal care, homemaker, supported employment, respite 78,440
care, adaptive and assistive equipment, home modifications, home 78,441
delivered meals, interpreter, nutrition, program specialist, case 78,442
management, active treatment, sheltered workshop, vocational 78,443
training, education, transportation, medical care, and
pharmaceuticals. 78,444
In conducting the study, the Department of Mental 78,446
Retardation and Developmental Disabilites may request information 78,447
and assistance from any state agencies, political subdivisions of 78,448
the state, or nonprofit entities that receive state funds. 78,449
The Department of Mental Retardation and Developmental 78,451
Disabilities shall compile the cost information in the form of a 78,452
report. No later than September 30, 1997, the Department shall 78,453
send a copy of the report to the Speaker of the House of 78,454
Representatives, the President of the Senate, the Governor, each
of the members of the House Finance and Appropriations Committee 78,455
and the Senate Finance and Financial Institutions Committee, the 78,456
Legislative Budget Office of the Legislative Service Commission, 78,457
and the Office of Budget and Management.
Section 83. MIH COMMISSION ON MINORITY HEALTH 78,459
General Revenue Fund 78,461
GRF 149-321 Operating Expenses $ 536,570 $ 552,894 78,466
GRF 149-501 Minority Health 78,468
Grants $ 1,000,000 $ 1,034,614 78,470
GRF 149-502 Lupus Program $ 180,000 $ 180,000 78,474
TOTAL GRF General Revenue Fund $ 1,716,570 $ 1,767,508 78,477
State Special Revenue Fund Group 78,480
4C2 149-601 Minority Health 78,483
Conference $ 110,121 $ 113,204 78,485
1732
TOTAL SSR State Special Revenue 78,486
Fund Group $ 110,121 $ 113,204 78,489
TOTAL ALL BUDGET FUND GROUPS $ 1,826,691 $ 1,880,712 78,492
Lupus Program 78,495
The foregoing appropriation item 149-502, Lupus Program, 78,497
shall be used to provide grants for programs in patient, public, 78,498
and professional education on the subject of Systemic Lupus 78,499
Erythemtosus; to encourage and develop local centers on Lupus 78,500
information gathering and screening; and to provide outreach to 78,501
minority women. 78,502
Section 84. DNR DEPARTMENT OF NATURAL RESOURCES 78,504
General Revenue Fund 78,506
GRF 727-321 Division of Forestry $ 8,733,287 $ 8,969,392 78,511
GRF 728-321 Division of 78,513
Geological Survey $ 2,032,838 $ 1,988,375 78,515
GRF 729-321 Computer Information 78,517
Services $ 723,300 $ 1,220,558 78,519
GRF 730-321 Division of Parks and 78,521
Recreation $ 32,547,392 $ 33,359,003 78,523
GRF 733-321 Division of Water $ 3,325,826 $ 3,433,847 78,527
GRF 736-321 Division of Chief 78,529
Engineer $ 3,368,915 $ 3,441,573 78,531
GRF 737-321 Division of Soil and 78,533
Water $ 3,747,847 $ 3,826,753 78,535
GRF 738-321 Division of Real 78,537
Estate and Land
Management $ 2,376,602 $ 2,375,216 78,539
GRF 741-321 Division of Natural 78,541
Areas $ 3,093,164 $ 3,166,234 78,543
GRF 743-321 Division of Civilian 78,545
Conservation $ 4,958,526 $ 4,958,526 78,547
GRF 725-401 Wildlife - GRF 78,549
Central Support $ 1,146,016 $ 1,146,016 78,551
1733
GRF 725-404 Fountain Square 78,553
Rental Payments - OBA $ 1,088,000 $ 1,091,000 78,555
GRF 725-408 Reclamation and 78,557
Mining $ 2,392,395 $ 2,452,204 78,559
GRF 725-412 Reclamation 78,561
Commission $ 67,500 $ 69,225 78,563
GRF 725-413 OPFC Rental Payments $ 16,291,000 $ 17,014,000 78,567
GRF 725-415 Mine Examining Board $ 120,778 $ 123,797 78,571
GRF 725-423 Stream and Ground 78,573
Water Gauging $ 416,022 $ 404,660 78,575
GRF 725-425 Wildlife License 78,577
Reimbursement $ 1,000,000 $ 1,000,000 78,579
GRF 725-456 Canal Lands $ 352,254 $ 376,912 78,583
GRF 725-502 Soil and Water 78,585
Districts $ 8,951,148 $ 10,129,334 78,587
TOTAL GRF General Revenue Fund $ 96,732,810 $ 100,546,625 78,590
General Services Fund Group 78,593
155 725-601 Departmental 78,596
Services-Intrastate $ 700,188 $ 658,418 78,598
157 725-651 Central Support 78,600
Indirect $ 6,667,678 $ 6,845,984 78,602
158 725-604 Reprint and 78,604
Replacement-Intrastate$ 112,000 $ 113,500 78,606
160 725-652 Public Education and 78,608
Information $ 15,151 $ 15,576 78,610
161 725-635 Depreciation Reserve $ 2,345,276 $ 2,410,944 78,614
162 725-625 CCC Earned Revenue $ 1,339,406 $ 1,365,341 78,618
204 725-687 Information Services $ 1,974,476 $ 2,157,964 78,622
206 725-689 General Services $ 556,200 $ 643,550 78,626
207 725-690 Real Estate $ 43,598 $ 50,643 78,630
4D5 725-618 Recycled Materials $ 97,861 $ 100,548 78,634
4S9 725-622 Capital Expenses $ 676,611 $ 696,294 78,638
4X8 725-662 Water Resources 78,640
Council $ 285,100 $ 280,950 78,642
1734
430 725-671 Canal Lands $ 933,619 $ 925,347 78,646
507 725-681 Departmental 78,648
Services-Interstate $ 735,230 $ 762,054 78,650
508 725-684 Reprint and 78,652
Replacement-
Interstate $ 346,794 $ 354,526 78,655
510 725-631 Property Management $ 192,361 $ 201,933 78,659
516 725-620 Water Management $ 2,575,737 $ 2,657,479 78,663
519 725-623 Burr Oak Water Plant $ 1,184,289 $ 2,073,603 78,667
635 725-664 Fountain Square 78,669
Facilities Management $ 2,278,070 $ 2,376,364 78,671
697 725-670 Submerged Lands $ 753,165 $ 796,693 78,676
TOTAL GSF General Services 78,677
Fund Group $ 23,812,810 $ 25,487,711 78,680
Federal Special Revenue Fund Group 78,683
3B3 725-640 Forest Products $ 40,000 $ 40,000 78,688
3B4 725-641 Flood Control $ 180,000 $ 180,000 78,692
3B5 725-645 Abandoned Mine Lands $ 7,370,478 $ 7,573,761 78,696
3B6 725-653 Land and Water 78,698
Conservation $ 678,000 $ 310,000 78,700
3B7 725-654 Regulatory $ 1,269,960 $ 1,311,666 78,704
3P0 725-630 Natural Areas and 78,706
Preserves-Federal $ 123,395 $ 110,000 78,708
3P1 725-632 Geological 78,710
Survey-Federal $ 450,560 $ 457,587 78,712
3P2 725-642 Oil and Gas-Federal $ 272,100 $ 272,100 78,716
3P3 725-650 Real Estate and Land 78,718
Management-Federal $ 874,170 $ 458,970 78,720
3P4 725-660 Water-Federal $ 158,437 $ 160,309 78,724
3R5 725-673 Acid Mine Drainage 78,726
Abatement/Treatment $ 500,000 $ 500,000 78,728
328 725-603 Weeks Fund $ 1,347,312 $ 1,272,520 78,732
332 725-669 Mine Grant $ 100,000 $ 100,000 78,736
TOTAL FED Federal Special Revenue 78,737
1735
Fund Group $ 13,364,412 $ 12,746,913 78,740
State Special Revenue Fund Group 78,743
4B8 725-617 Forestry Development $ 102,800 $ 105,678 78,748
4J2 725-628 Injection Well Review $ 94,030 $ 96,044 78,752
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 78,756
4U6 725-668 Scenic Rivers 78,758
Protection Fund $ 300,000 $ 250,000 78,760
5B3 725-674 Mining Regulation $ 51,400 $ 52,839 78,764
509 725-602 State Forest $ 1,533,470 $ 1,544,126 78,768
511 725-646 Statewide Mapping $ 773,511 $ 786,356 78,772
512 725-605 State Parks $ 23,204,011 $ 23,831,229 78,776
514 725-606 Permit and Lease $ 749,406 $ 816,697 78,780
517 725-615 Oil and Gas Well 78,782
Plugging $ 825,052 $ 851,927 78,784
518 725-643 Oil and Gas Permit 78,786
Fees $ 3,108,089 $ 3,072,487 78,788
521 725-627 Recreation Vehicle $ 60,000 $ 60,000 78,792
522 725-656 Natural Areas 78,794
Checkoff Funds $ 700,000 $ 725,000 78,796
525 725-608 Reclamation 78,798
Forfeiture $ 1,850,400 $ 1,902,211 78,800
526 725-610 Strip Mining 78,802
Administration Fees $ 1,146,606 $ 1,184,852 78,804
527 725-637 Surface Mining 78,806
Administration $ 2,056,764 $ 1,861,165 78,808
529 725-639 Unreclaimed Land Fund $ 605,526 $ 622,409 78,813
530 725-647 Surface Mining 78,815
Reclamation $ 122,948 $ 75,000 78,817
531 725-648 Reclamation 78,819
Supplemental
Forfeiture $ 1,983,829 $ 991,392 78,821
532 725-644 Litter Control and 78,823
Recycling $ 10,500,000 $ 10,499,950 78,825
609 725-658 Defaulted Areas $ 301,069 $ 309,431 78,829
1736
615 725-661 Dam Safety $ 128,000 $ 123,127 78,833
TOTAL SSR State Special Revenue 78,834
Fund Group $ 50,296,911 $ 49,861,920 78,837
Wildlife Fund Group 78,840
015 725-509 Fish/Wildlife Subsidy $ 145,000 $ 149,999 78,845
015 740-321 Division of Wildlife 78,847
Conservation $ 45,261,203 $ 37,056,106 78,849
81A 725-612 Wildlife Education $ 1,392,501 $ 1,429,092 78,853
815 725-636 Cooperative 78,855
Management Projects $ 123,052 $ 145,497 78,857
816 725-649 Wetlands Habitat $ 863,959 $ 874,149 78,861
817 725-655 Wildlife Conservation 78,863
Checkoff Fund $ 1,194,847 $ 1,265,703 78,865
818 725-629 Cooperative Fisheries 78,867
Research $ 885,000 $ 893,000 78,869
819 725-685 Ohio River Management $ 113,376 $ 116,551 78,873
TOTAL WLF Wildlife Fund Group $ 49,978,938 $ 41,930,097 78,876
Waterways Safety Fund Group 78,879
086 725-414 Waterways Improvement $ 2,858,590 $ 2,933,212 78,884
086 725-416 Natural Areas Marine 78,886
Patrol $ 25,000 $ 25,000 78,888
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 78,892
086 725-418 Buoy Placement $ 37,200 $ 38,242 78,896
086 725-501 Shared Revenue $ 121,145 $ 124,537 78,900
086 725-506 Watercraft Marine 78,902
Patrol $ 300,000 $ 300,000 78,904
086 725-513 Watercraft 78,906
Educational Grants $ 100,000 $ 100,000 78,908
086 739-321 Division of 78,910
Watercraft $ 8,648,454 $ 8,881,397 78,912
880 725-614 Cooperative Boat 78,914
Harbor Projects $ 102,800 $ 105,678 78,916
881 725-621 Education and 78,918
Enforcement $ 1,374,694 $ 1,409,061 78,920
1737
TOTAL WSF Waterways Safety Fund 78,921
Group $ 13,592,883 $ 13,942,127 78,924
Holding Account Redistribution Fund Group 78,927
R17 725-659 Bond Refunds $ 276,000 $ 276,000 78,933
R29 725-607 Reclamation Fee 78,935
Refund $ 350,000 $ 350,000 78,937
R30 725-638 Surface Mining 78,939
Reclamation Fees $ 12,000 $ 12,000 78,941
R40 725-609 Wildlife Refunds $ 20,000 $ 20,000 78,945
R43 725-624 Forestry $ 700,000 $ 700,000 78,949
TOTAL 090 Holding Account 78,950
Redistribution Fund Group $ 1,358,000 $ 1,358,000 78,953
Accrued Leave Liability Fund Group 78,956
4M8 725-675 FOP Contract $ 16,120 $ 16,120 78,961
TOTAL ALF Accrued Leave 78,962
Liability Fund Group $ 16,120 $ 16,120 78,965
TOTAL ALL BUDGET FUND GROUPS $ 249,152,884 $ 245,889,513 78,968
Section 84.01. Rental Payments to the Ohio Public 78,971
Facilities Commission 78,972
The foregoing appropriation item 725-413, Rental Payments 78,974
to the Ohio Public Facilities Commission, shall be used to meet 78,975
all payments at the times they are required to be made during the 78,976
period from July 1, 1997, to June 30, 1999, by the Department of 78,977
Natural Resources to the Ohio Public Facilities Commission 78,978
pursuant to leases and agreements made under section 154.22 of 78,979
the Revised Code, but limited to the aggregate amount of 78,980
$33,305,000. Nothing in this act shall be deemed to contravene 78,981
the obligation of the state to pay, without necessity for further 78,982
appropriation, from the sources pledged thereto, the bond service 78,983
charges on obligations issued pursuant to section 154.22 of the 78,984
Revised Code. 78,985
Fountain Square 78,987
The foregoing appropriation item 725-404, Fountain Square 78,989
Rental Payments to Ohio Building Authority, shall be used by the 78,990
1738
Department of Natural Resources to meet all payments required to 78,991
be made to the Ohio Building Authority during the period July 1, 78,992
1997, to June 30, 1999, pursuant to leases and agreements with 78,993
the Ohio Building Authority under section 152.241 of the Revised 78,994
Code, but limited to the aggregate amount of $2,179,000. 78,995
The Director of Natural Resources, using intrastate 78,997
transfer vouchers, shall make cash transfers to the General 78,998
Revenue Fund from funds other than the General Revenue Fund to 78,999
reimburse the General Revenue Fund for their share of the lease 79,000
rental payments to the Ohio Building Authority. The transfers 79,001
from the non General Revenue funds shall be made within 10 days 79,002
of the payment from the Ohio Building Authority for the actual 79,003
amounts necessary to fulfill the leases and agreements pursuant 79,004
to section 152.241 of the Revised Code.
The foregoing appropriation item, 725-664, Fountain Square 79,006
Facilities Management Fund (Fund 635), shall be used for payment 79,007
of repairs, renovation, utilities, property management, and 79,008
building maintenance expenses for the Fountain Square Complex. 79,009
Cash transferred by intrastate transfer vouchers from various 79,010
department funds and rental income received by the Department of 79,011
Natural Resources shall be deposited to the Fountain Square 79,012
Facilities Management Fund (Fund 635). 79,013
Section 84.02. Central Support Indirect Chargeback 79,015
With the exception of the Division of Wildlife, whose 79,017
indirect central support charges shall be paid by the GRF from 79,018
the foregoing appropriation item 725-401, Wildlife - GRF Central 79,019
Support, the Department of Natural Resources, with the approval 79,020
of the Director of Budget and Management, shall utilize a 79,021
methodology for determining each division's payments into the 79,022
Central Support Indirect Chargeback Fund (Fund 157). The 79,023
methodology used shall contain the characteristics of 79,024
administrative ease and uniform application. Payments to the 79,025
Central Support Indirect Chargeback Fund shall be made using an 79,026
intrastate transfer voucher. 79,027
1739
Wildlife License Reimbursement 79,029
Notwithstanding the limits of the transfer from the General 79,031
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 79,032
of the Revised Code, up to the amount available in 725-425, 79,033
Wildlife License Reimbursement, may be transferred from the 79,034
General Revenue Fund to the Wildlife Fund (Fund 015). Pursuant 79,035
to the certification of the Director of the Office of Budget and 79,036
Management of the amount of foregone revenue in accordance with 79,037
section 1533.15 of the Revised Code, the foregoing appropriation 79,038
item in the General Revenue Fund, 725-425, Wildlife License 79,039
Reimbursement, shall be used to reimburse the Wildlife Fund (Fund 79,040
015) for the cost of hunting and fishing licenses and permits 79,041
issued after June 30, 1990, to individuals who are exempted under 79,042
the Revised Code from license, permit, and stamp fees. 79,043
Soil and Water Districts 79,045
In addition to state payments to soil and water 79,047
conservation districts authorized by section 1515.10 of the 79,048
Revised Code, the Department of Natural Resources may pay to any 79,049
soil and water conservation district, from authority in 79,050
appropriation item 725-502, Soil and Water Districts, an annual 79,051
amount not to exceed $30,000, upon receipt of a request and 79,052
justification from the district and approval by the Ohio Soil and 79,053
Water Conservation Commission. The county auditor shall credit 79,054
such payments to the special fund established pursuant to section 79,055
1515.10 of the Revised Code for the local soil and water 79,056
conservation district. Moneys received by each district shall be 79,057
expended for the purposes of the district. 79,058
No funds shall be used to pay for cost sharing under 79,061
section 1511.02 of the Revised Code if the Chief of the Division 79,062
of Soil and Water Conservation issues an order finding a person 79,063
has caused agricultural pollution by failure to comply with the 79,064
standards established under that section.
Up to $40,000 in cash may be transferred in fiscal year 79,066
1998 from Soil and Water Conservation Fund (513) to Departmental 79,067
1740
Services - Interstate Fund (507). The moneys shall be used for 79,068
the purchase of vehicles and field equipment to support the 79,069
Conservation Works of Improvement Program.
Of the foregoing appropriation item 725-502, Soil and Water 79,071
Districts, $50,000 shall be distributed to the Delaware County 79,072
Soil and Water Conservation District in each fiscal year. These 79,073
monies are in addition to any state payments to the Delaware 79,074
County Soil and Water Conservation District as authorized by 79,075
section 1515.10 of the Revised Code for fiscal years 1998 and
1999. 79,076
Of the foregoing appropriation item 725-502, Soil and Water 79,078
Districts, $100,000 in fiscal year 1998 shall be used to dredge 79,079
the Tuscora Lake in Tuscarawas County. 79,080
Of the foregoing appropriation item 725-502, Soil and Water 79,082
Districts, $1,000,000 in fiscal year 1999 shall be used for the 79,083
Girard City Dam project. The $1,000,000 shall not be released 79,084
until the Department of Natural Resources certifies that a match 79,085
of at least $1,000,000 has been obligated to the Girard City Dam 79,086
project through federal government, local government, and/or
private sources. 79,087
Of the foregoing appropriation item 725-502, Soil and Water 79,089
Districts, $100,000 shall be distributed in each fiscal year for 79,090
the Montgomery County Drainage Project. 79,091
Flood Mitigation 79,093
Of the foregoing appropriation item 725-502, Soil and Water 79,095
Districts, $50,000 in fiscal year 1998 shall be paid to each of 79,096
the counties of Gallia, Meigs, and Lawrence for flood mitigation 79,097
and abatement. The soil and water conservation districts for 79,098
those counties shall administer the money. These moneys are in 79,099
addition to any state payments to Gallia, Meigs, and Lawrence 79,100
County Soil and Water Districts as authorized by section 1515.10 79,101
of the Revised Code for fiscal year 1998. 79,102
Division of Soil and Water 79,104
Of the foregoing appropriation item, 737-321, Division of 79,106
1741
Soil and Water, $210,000 each fiscal year shall be distributed to 79,107
the Water Quality Laboratory located at Heidelberg College. 79,108
Of the foregoing appropriation item, 737-321, Division of 79,110
Soil and Water, $100,000 in each fiscal year shall be used for 79,111
the Loramie Valley Alliance Watershed Project for flood and 79,112
erosion control. 79,113
Of the foregoing appropriation item, 737-321, Division of 79,115
Soil and Water, $250,000 each fiscal year shall be distributed to 79,116
the Resource Conservation and Development Councils. 79,117
Canal Lands 79,119
The foregoing appropriation item 725-456, Canal Lands, 79,121
shall be used to transfer funds to the Canal Lands Fund (Fund 79,122
430) to provide operating expenses for the State Canal Lands 79,123
Program. The transfer shall be made using an intrastate transfer 79,124
voucher and shall be subject to the approval of the Director of 79,125
Budget and Management. 79,126
Watercraft Marine Patrol 79,128
Of the foregoing appropriation item 739-321, Division of 79,130
Watercraft, $50,000 in each fiscal year shall be expended for the 79,131
purchase of equipment for marine patrols qualifying for funding 79,132
from the Department of Natural Resources pursuant to section 79,133
1547.67 of the Revised Code. Proposals for equipment shall 79,134
accompany the submission of documentation for receipt of a marine 79,135
patrol subsidy pursuant to section 1547.67 of the Revised Code 79,136
and shall be loaned to eligible marine patrols pursuant to a 79,137
cooperative agreement between the Department of Natural Resources 79,138
and the eligible marine patrol. 79,139
Water Resources Council 79,141
There is hereby created a Water Resources Council, 79,143
consisting of the Directors, or the designees of the Directors of 79,144
Agriculture, Development, Environmental Protection, Health, 79,145
Natural Resources, Transportation, the State and Local Government 79,146
Commission, Public Utilities Commission, Ohio Public Works 79,147
Commission, and Ohio Water Development Authority. The Director 79,148
1742
of Natural Resources shall chair the council. The chair of the 79,149
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 79,151
shall coordinate water policy development and planning activities 79,152
of state agencies and consider and make recommendations regarding 79,153
water policy development, planning coordination, and funding 79,155
issues.
Operating expenses of the council shall be paid from the 79,157
Water Resources Council Fund, which is hereby created. The 79,159
council may hire an executive director and staff to support its 79,160
activities. The council may enter into contracts and agreements 79,161
with state agencies, political subdivisions, and private
interests to assist in meeting its objectives. The Department of 79,162
Natural Resources shall serve as fiscal agent of the fund. The 79,164
Departments of Agriculture, Development, Environmental 79,165
Protection, Health, Natural Resources, and Transportation shall 79,166
contribute equally, via interstate transfer voucher, to the fund. 79,167
The State and Local Government Commission, Public Utilities
Commission, Ohio Public Works Commission, and Ohio Water 79,168
Development Authority may also voluntarily pay into the Water 79,169
Resources Council Fund for the operating expenses of the council. 79,170
If voluntary payment is made into the fund the portion for the 79,171
Departments of Agriculture, Development, Environmental
Protection, Health, Natural Resources, and Transportation shall 79,172
be equally reduced. 79,173
Section 85. NUR STATE BOARD OF NURSING 79,175
General Services Fund Group 79,177
203 884-606 Nurse Aide $ 450,000 $ 498,000 79,182
4K9 884-609 Operating $ 3,269,655 $ 3,558,837 79,186
TOTAL GSF General Services 79,187
Fund Group $ 3,719,655 $ 4,056,837 79,190
TOTAL ALL BUDGET FUND GROUPS $ 3,719,655 $ 4,056,837 79,194
Section 86. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY 79,196
AND ATHLETIC TRAINERS BOARD 79,197
1743
General Services Fund Group 79,199
4K9 890-609 Operating $ 591,837 $ 603,812 79,204
TOTAL GSF General Services 79,205
Fund Group $ 591,837 $ 603,812 79,208
TOTAL ALL BUDGET FUND GROUPS $ 591,837 $ 603,812 79,212
Section 87. OLA OHIOANA LIBRARY ASSOCIATION 79,215
General Revenue Fund 79,217
GRF 355-501 Library Subsidy $ 217,709 $ 225,384 79,222
TOTAL GRF General Revenue Fund $ 217,709 $ 225,384 79,225
TOTAL ALL BUDGET FUND GROUPS $ 217,709 $ 225,384 79,228
Section 88. ODB OHIO OPTICAL DISPENSERS BOARD 79,231
General Services Fund Group 79,233
4K9 894-609 Operating $ 224,978 $ 229,888 79,238
TOTAL GSF General Services 79,239
Fund Group $ 224,978 $ 229,888 79,242
TOTAL ALL BUDGET FUND GROUPS $ 224,978 $ 229,888 79,245
Section 89. OPT STATE BOARD OF OPTOMETRY 79,248
General Services Fund Group 79,250
4K9 885-609 Operating $ 231,140 $ 243,965 79,255
TOTAL GSF General Services 79,256
Fund Group $ 231,140 $ 243,965 79,259
TOTAL ALL BUDGET FUND GROUPS $ 231,140 $ 243,965 79,263
Section 90. PBR STATE PERSONNEL BOARD OF REVIEW 79,266
General Revenue Fund 79,268
GRF 124-321 Operating $ 872,151 $ 897,549 79,273
TOTAL GRF General Revenue Fund $ 872,151 $ 897,549 79,276
General Services Fund Group 79,279
636 124-601 Transcript and Other $ 35,980 $ 36,987 79,284
TOTAL GSF General Services 79,285
Fund Group $ 35,980 $ 36,987 79,288
TOTAL ALL BUDGET FUND GROUPS $ 908,131 $ 934,536 79,291
Transcript and Other 79,294
The foregoing appropriation item 124-601, Transcript and 79,296
Other, may be used to produce and distribute transcripts and 79,297
1744
other documents. Revenues generated by charges for transcripts 79,298
and other documents shall be deposited in the Transcripts and 79,299
Other Fund (Fund 636). 79,300
Section 91. PRX STATE BOARD OF PHARMACY 79,302
General Services Fund Group 79,304
4A5 887-605 Drug Law Enforcement $ 102,500 $ 105,000 79,309
4K9 887-609 Operating $ 3,324,319 $ 3,509,931 79,313
TOTAL GSF General Services 79,314
Fund Group $ 3,426,819 $ 3,614,931 79,317
TOTAL ALL BUDGET FUND GROUPS $ 3,426,819 $ 3,614,931 79,320
Section 92. SCR STATE BOARD OF PROPRIETARY SCHOOL 79,323
REGISTRATION 79,324
General Revenue Fund 79,326
GRF 233-100 Personal Services $ 364,746 $ 375,688 79,331
GRF 233-200 Maintenance $ 101,353 $ 104,158 79,335
TOTAL GRF General Revenue Fund $ 466,099 $ 479,846 79,338
TOTAL ALL BUDGET FUND GROUPS $ 466,099 $ 479,846 79,341
Section 93. PSY STATE BOARD OF PSYCHOLOGY 79,344
General Services Fund Group 79,346
4K9 882-609 Operating $ 400,313 $ 406,407 79,351
TOTAL GSF General Services 79,352
Fund Group $ 400,313 $ 406,407 79,355
TOTAL ALL BUDGET FUND GROUPS $ 400,313 $ 406,407 79,358
Section 94. PUB OHIO PUBLIC DEFENDER COMMISSION 79,361
General Revenue Fund 79,363
GRF 019-321 Public Defender 79,366
Administration $ 1,613,969 $ 1,615,955 79,368
GRF 019-401 State Legal Defense 79,370
Services $ 6,573,237 $ 6,555,060 79,372
GRF 019-403 Multi-County Public 79,374
Defense-State Share $ 937,351 $ 959,644 79,376
GRF 019-404 Trumbull County-State 79,378
Share $ 370,875 $ 379,808 79,380
GRF 019-405 Training Account $ 50,000 $ 50,000 79,385
1745
GRF 019-501 County Reimbursement 79,387
- Non-Capital Cases $ 24,726,314 $ 25,334,116 79,389
GRF 019-503 County Reimbursements 79,391
- Capital Cases $ 909,931 $ 932,014 79,392
TOTAL GRF General Revenue Fund $ 35,181,677 $ 35,826,597 79,395
General Services Fund Group 79,398
101 019-602 Inmate Legal 79,401
Assistance $ 49,519 $ 49,757 79,403
101 019-607 Juvenile Legal 79,405
Assistance $ 540,492 $ 564,820 79,407
406 019-603 Training and 79,409
Publications $ 22,000 $ 22,000 79,411
407 019-604 County Representation $ 152,166 $ 146,420 79,415
408 019-605 Client Payment $ 67,352 $ 121,980 79,419
TOTAL GSF General Services 79,420
Fund Group $ 831,529 $ 904,977 79,423
Federal Special Revenue Fund Group 79,426
3M8 019-611 PD Case Management $ 51,369 $ 0 79,431
3M9 019-612 Community 79,433
Reconciliation $ 32,221 $ 0 79,435
Total FED Federal Special Revenue $ 83,590 $ 0 79,438
Fund Group
State Special Revenue Fund Group 79,441
4C7 019-601 Multi-County: County 79,444
Share $ 1,136,189 $ 1,162,059 79,446
4X7 019-610 Trumbull 79,448
County-County Share $ 441,860 $ 463,122 79,450
574 019-606 Legal Services 79,452
Corporation $ 12,250,000 $ 14,300,000 79,454
TOTAL SSR State Special Revenue 79,455
Fund Group $ 13,828,049 $ 15,925,181 79,458
TOTAL ALL BUDGET FUND GROUPS $ 49,924,845 $ 52,656,755 79,461
Indigent Defense Office 79,464
The foregoing appropriation items 019-404, Trumbull County 79,466
1746
- State Share and 019-610, Trumbull County Office, shall be used 79,467
to support an indigent defense office for Trumbull County. 79,468
Training Account 79,470
The foregoing appropriation item 019-405, Training Account, 79,472
shall be used by the Ohio Public Defender to provide legal 79,473
training programs at no cost for lawyers who represent at least 79,474
one indigent defendant at no cost. 79,475
Section 95. DHS DEPARTMENT OF PUBLIC SAFETY 79,477
General Revenue Fund 79,479
GRF 763-403 Emergency Management 79,482
Agency $ 3,547,541 $ 3,129,045 79,484
GRF 763-507 Individual and Family 79,486
Grants $ 145,500 $ 149,574 79,488
GRF 764-404 Transportation 79,490
Enforcement
Operations $ 1,989,479 $ 2,048,976 79,492
GRF 769-321 Food Stamp 79,494
Trafficking
Enforcement
Operations $ 702,871 $ 721,222 79,496
TOTAL GRF General Revenue Fund $ 6,385,391 $ 6,048,817 79,499
TOTAL ALL BUDGET FUND GROUPS $ 6,385,391 $ 6,048,817 79,502
American Red Cross Disaster Preparedness and Training 79,505
Of the foregoing appropriation item 763-403, Emergency 79,507
Management Agency, up to $500,000 in fiscal year 1998 shall be 79,508
distributed to the American Red Cross in Ohio for disaster 79,509
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 79,512
agreement between the State and Ohio Chapters of the American Red 79,513
Cross to specify the terms by which these funds shall be 79,514
requested, distributed, and accounted for to enhance the disaster 79,515
response capability of the American Red Cross in Ohio. Funds 79,516
shall not be used for administrative costs. The Ohio Emergency 79,517
Management Agency shall require of the American Red Cross a 79,518
1747
mission statement that emphasizes the coordination of the 79,519
volunteer effort. There shall be no duplication of services 79,520
between the Ohio Emergency Management Agency and the American Red 79,521
Cross. The release of funds shall be contingent upon a mission 79,522
statement that is satisfactory to both parties. 79,523
Urban Search and Rescue 79,525
Of the foregoing appropriation item 763-403, Emergency 79,527
Management Agency, up to $200,000 in each fiscal year of the 79,528
biennium shall be used to match federal funds for the Miami 79,529
Valley Urban Search and Rescue Task Force. 79,530
IFG State Match 79,532
The foregoing appropriation item 763-507, Individual and 79,534
Family Grants, shall be used to fund the state share of costs to 79,535
provide grants to individuals and families in cases of disaster. 79,536
Section 96. PUC PUBLIC UTILITIES COMMISSION OF OHIO 79,538
General Services Fund Group 79,540
558 870-602 Salvage and Exchange $ 58,728 $ 60,373 79,545
TOTAL GSF General Services 79,546
Fund Group $ 58,728 $ 60,373 79,549
Federal Special Revenue Fund Group 79,552
333 870-601 Gas Pipeline Safety $ 362,403 $ 362,403 79,557
350 870-608 Motor Carrier Safety $ 3,467,442 $ 3,631,606 79,561
TOTAL FED Federal Special Revenue 79,562
Fund Group $ 3,829,845 $ 3,994,009 79,565
State Special Revenue Fund Group 79,568
4A3 870-614 Grade Crossing 79,571
Protection
Devices-State $ 3,166,760 $ 1,200,000 79,573
4L8 870-617 Pipeline Safety-State $ 150,318 $ 150,318 79,578
4S6 870-618 Hazardous Material 79,581
Registration $ 589,960 $ 584,599 79,583
4S6 870-621 Hazardous Materials 79,586
Base State
Registration $ 185,040 $ 190,221 79,588
1748
4U8 870-620 Civil Forfeitures $ 225,000 $ 230,731 79,593
559 870-605 Public Utilities 79,595
Territorial
Administration $ 4,583 $ 4,583 79,597
560 870-607 Special Assessment $ 100,000 $ 100,000 79,601
561 870-606 Power Siting Board $ 300,000 $ 300,000 79,605
587 870-609 Utility Forecasting $ 1,295,000 $ 1,295,000 79,609
5F6 870-622 Public Utilities Fund $ 21,991,815 $ 22,536,707 79,613
5F6 870-624 NARUC/NRRI Subsidy $ 158,515 $ 158,515 79,617
5F6 870-625 Motor Transportation 79,619
Regulation $ 3,690,945 $ 3,785,713 79,621
638 870-611 Biofuels/Municipal 79,623
Waste Technology $ 65,935 $ 67,641 79,625
661 870-612 Hazardous Materials 79,627
Transportation $ 800,000 $ 800,000 79,629
664 870-613 Radiological 79,631
Preparedness Board $ 50,000 $ 0 79,633
TOTAL SSR State Special Revenue 79,634
Fund Group $ 32,773,871 $ 31,404,028 79,637
Agency Fund Group 79,640
4G4 870-616 Base State 79,643
Registration Program $ 7,500,000 $ 7,500,000 79,645
TOTAL AGY Agency Fund Group $ 7,500,000 $ 7,500,000 79,648
Holding Account Redistribution Fund Group 79,651
R20 870-610 Motor Carrier Refunds $ 200,000 $ 200,000 79,656
TOTAL 090 Holding Account $ 200,000 $ 200,000 79,659
Redistribution Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 44,362,444 $ 43,158,410 79,662
Transfer to Public Utilities Fund 79,665
Within five days of the beginning of fiscal year 1998, the 79,667
Director of Budget and Management shall transfer from the General 79,669
Revenue Fund to the Public Utilities Fund (Fund 5F6) an amount 79,670
equal to the revenues credited to the General Revenue Fund in May 79,671
and June of 1997 pursuant to sections 4921.18 and 4923.11 of the 79,672
1749
Revised Code.
Salvage and Exchange Fund Transfers 79,674
The Director of Budget and Management may transfer up to 79,676
$100,000 in fiscal year 1998 and up to $100,000 in fiscal year 79,677
1999 from the Public Utilities Commission Salvage and Exchange 79,678
Fund (Fund 558) to the Department of Public Safety Highway Patrol 79,679
Salvage and Exchange Fund (Fund 841). The transferred amounts 79,680
shall be used to purchase equipment for use on the Multi-Agency
Radio Communications System for commercial motor vehicle 79,681
enforcement purposes.
Hazardous Materials Fund Transfer 79,683
All revenue and uses previously ascribed to the Hazardous 79,685
Wastes Background Investigation Fund (Fund 4T1), including all 79,686
assets and obligations, shall be assumed by the Hazardous 79,687
Materials Registration Fund (Fund 4S6), line item 870-618, 79,688
Hazardous Materials Registration.
Grade Crossing Protection Program 79,690
In line item 870-614, Grade Crossing Protection Devices - 79,692
State, as determined by the Director of Budget and Management, 79,694
the funds necessary to honor encumbrances established in the 79,695
prior fiscal year are hereby appropriated.
Section 97. RAC STATE RACING COMMISSION 79,697
State Special Revenue Fund Group 79,699
562 875-601 Thoroughbred Race 79,702
Fund $ 5,711,027 $ 5,863,936 79,704
563 875-602 Standardbred 79,706
Development Fund $ 1,727,946 $ 1,776,033 79,708
564 875-603 Quarterhorse 79,710
Development Fund $ 18,746 $ 18,746 79,712
565 875-604 Racing Commission 79,714
Operating Fund $ 3,790,893 $ 3,885,669 79,716
5C4 875-607 Simulcast Horse 79,718
Racing Purse $ 13,031,172 $ 13,356,951 79,720
TOTAL SSR State Special Revenue 79,721
1750
Fund Group $ 24,279,784 $ 24,901,335 79,724
Holding Account Redistribution Fund Group 79,727
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 79,732
TOTAL 090 Holding Account 79,733
Redistribution
Fund Group $ 212,900 $ 212,900 79,736
TOTAL ALL BUDGET FUND GROUPS $ 24,492,684 $ 25,114,235 79,739
Operating Fund 79,742
Notwithstanding division (M) of section 3769.08 of the 79,744
Revised Code, there shall be no limit on the amount of money the 79,745
State Racing Commission Operating Fund may receive in any 79,746
calendar year from taxes levied on permit holders.
Section 98. BOR BOARD OF REGENTS 79,748
General Revenue Fund 79,750
GRF 235-100 Personal Services $ 2,578,252 $ 2,642,708 79,755
GRF 235-200 Maintenance $ 517,712 $ 530,655 79,759
GRF 235-300 Equipment $ 25,000 $ 25,625 79,763
GRF 235-401 Rental Payments to 79,765
the Ohio Public
Facilities Commission $ 360,781,000 $ 374,263,000 79,768
GRF 235-402 Sea Grants $ 301,475 $ 301,475 79,772
GRF 235-406 Articulation and 79,774
Transfer $ 300,000 $ 900,000 79,776
GRF 235-408 Midwest Higher 79,778
Education Compact $ 58,000 $ 58,000 79,780
GRF 235-409 Information System $ 2,000,000 $ 2,000,000 79,784
GRF 235-414 State Grants and 79,786
Scholarship
Administration $ 1,295,375 $ 1,327,759 79,788
GRF 235-416 Performance Challenge $ 3,078,000 $ 3,158,028 79,792
GRF 235-418 Access Challenge $ 12,000,000 $ 15,000,000 79,796
GRF 235-419 School Challenge $ 0 $ 3,000,000 79,800
GRF 235-454 Research Challenge $ 12,514,600 $ 13,756,861 79,804
1751
GRF 235-455 Productivity 79,806
Improvement Challenge $ 1,592,000 $ 1,615,880 79,808
GRF 235-474 AHEC Program Support $ 2,030,303 $ 2,030,303 79,812
GRF 235-477 Access Improvement 79,814
Projects $ 1,051,102 $ 1,063,868 79,816
GRF 235-481 Discovery Project $ 2,500,000 $ 2,500,000 79,820
GRF 235-501 Instructional Subsidy 79,822
$1,502,594,833 $1,547,937,109 79,824
GRF 235-502 Student Support 79,826
Services $ 1,000,000 $ 1,015,000 79,828
GRF 235-503 Ohio Instructional 79,832
Grants $ 93,601,365 $ 96,274,405 79,834
GRF 235-504 War Orphans' 79,836
Scholarships $ 3,531,840 $ 3,637,795 79,838
GRF 235-506 Postsecondary 79,840
Readiness Testing $ 676,183 $ 686,326 79,842
GRF 235-507 OhioLINK $ 5,157,532 $ 6,323,134 79,846
GRF 235-509 Displaced Homemakers $ 246,250 $ 246,250 79,850
GRF 235-510 Ohio Supercomputer 79,852
Center $ 3,764,682 $ 3,821,152 79,854
GRF 235-511 Cooperative Extension 79,856
Service $ 22,385,000 $ 23,937,400 79,858
GRF 235-514 Central State 79,860
Supplement $ 7,370,304 $ 7,352,903 79,862
GRF 235-515 CWRU School of 79,864
Medicine $ 4,108,478 $ 4,108,478 79,866
GRF 235-518 Capitol Scholarship 79,868
Programs $ 475,000 $ 200,000 79,870
GRF 235-519 Family Practice $ 5,963,315 $ 5,963,315 79,874
GRF 235-520 Shawnee State 79,876
Supplement $ 3,600,000 $ 3,200,000 79,878
GRF 235-524 Police and Fire 79,880
Protection $ 246,250 $ 246,250 79,882
GRF 235-525 Geriatric Medicine $ 1,043,571 $ 1,043,571 79,886
1752
GRF 235-526 Primary Care 79,888
Residencies $ 2,887,656 $ 2,887,656 79,890
GRF 235-527 Ohio Aerospace 79,892
Institute $ 2,298,970 $ 2,333,455 79,894
GRF 235-530 Academic Scholarships $ 7,000,000 $ 8,000,000 79,898
GRF 235-531 Student Choice Grants $ 35,601,641 $ 39,338,596 79,902
GRF 235-535 Agricultural Research 79,904
and Development
Center $ 30,660,880 $ 33,036,115 79,907
GRF 235-536 Ohio State University 79,909
Clinical Teaching $ 14,988,559 $ 15,348,284 79,911
GRF 235-537 University of 79,913
Cincinnati Clinical
Teaching $ 12,327,886 $ 12,623,755 79,915
GRF 235-538 Medical College of 79,917
Ohio At Toledo
Clinical Teaching $ 9,608,918 $ 9,839,532 79,920
GRF 235-539 Wright State 79,922
University Clinical
Teaching $ 4,668,200 $ 4,780,237 79,924
GRF 235-540 Ohio University 79,926
Clinical Teaching $ 4,512,891 $ 4,621,200 79,928
GRF 235-541 Northeastern Ohio 79,930
Universities College
of Medicine Clinical 79,931
Teaching $ 4,641,391 $ 4,752,900 79,933
GRF 235-543 OCPM Clinical Subsidy $ 460,000 $ 470,000 79,937
GRF 235-545 OSU Cancer Hospital $ 250,000 $ 0 79,941
GRF 235-547 School of 79,943
International
Business $ 1,000,000 $ 1,000,000 79,945
GRF 235-549 Part-time Student 79,947
Instructional Grants $ 9,500,000 $ 11,449,539 79,949
GRF 235-552 Capital Component $ 7,642,415 $ 7,642,415 79,953
1753
GRF 235-553 Dayton Area Graduate 79,955
Studies Institute $ 2,900,000 $ 3,700,000 79,957
GRF 235-554 Priorities in 79,959
Graduate Education $ 2,450,000 $ 2,450,000 79,961
GRF 235-555 Library Depositories $ 1,454,690 $ 1,476,510 79,965
GRF 235-556 OARNET $ 2,000,000 $ 2,030,000 79,969
GRF 235-558 Long-term Care 79,971
Research $ 320,000 $ 320,000 79,973
GRF 235-561 BGSU Canadian Studies 79,975
Center $ 168,500 $ 168,500 79,977
GRF 235-572 Ohio State University 79,979
Clinic Support $ 1,130,704 $ 1,198,546 79,981
GRF 235-583 Urban University 79,983
Programs $ 4,722,093 $ 5,259,775 79,985
GRF 235-585 Ohio University 79,987
Innovation Center $ 50,000 $ 50,000 79,989
GRF 235-587 Rural University 79,991
Projects $ 1,005,000 $ 905,000 79,993
GRF 235-595 International Center 79,995
Water Resources
Development $ 380,699 $ 190,350 79,997
GRF 235-596 Hazardous Materials 79,999
Program $ 246,250 $ 246,250 80,001
TOTAL GRF General Revenue Fund $2,223,264,765 $2,306,285,865 80,004
General Services Fund Group 80,007
456 235-603 Publications $ 35,000 $ 35,000 80,012
TOTAL GSF General Services 80,013
Fund Group $ 35,000 $ 35,000 80,016
Federal Special Revenue Fund Group 80,019
3N6 235-605 State Student 80,022
Incentive Grants $ 2,000,000 $ 2,000,000 80,024
3H2 235-608 Human Services 80,026
Project $ 8,437,000 $ 9,280,700 80,028
312 235-609 Tech Prep $ 145,774 $ 153,063 80,032
1754
312 235-631 Federal Grants $ 2,073,000 $ 2,176,650 80,037
TOTAL FED Federal Special Revenue 80,038
Fund Group $ 12,655,774 $ 13,610,413 80,041
State Special Revenue Fund Group 80,044
4E0 235-601 Teacher Education 80,047
Loan Program $ 45,000 $ 45,000 80,049
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 80,053
4P4 235-604 Physician Loan 80,055
Repayment $ 385,405 $ 396,168 80,057
682 235-606 Nursing Loan Program $ 577,255 $ 593,316 80,061
649 235-607 Ohio State University 80,063
Highway/Transportation 80,063
Research $ 480,000 $ 500,000 80,066
TOTAL SSR State Special Revenue 80,067
Fund Group $ 1,499,660 $ 1,546,484 80,070
TOTAL ALL BUDGET FUND GROUPS $2,237,455,199 $2,321,477,762 80,073
Section 98.01. Instructional Subsidy Formula 80,077
As soon as practicable during each fiscal year of the 80,079
1997-1999 biennium in accordance with instructions of the Ohio 80,080
Board of Regents, each state-assisted institution of higher 80,081
education shall report its actual enrollment to the Ohio Board of 80,082
Regents. 80,083
The Ohio Board of Regents shall establish procedures 80,085
required by the system of formulas set out below and for the 80,086
assignment of individual institutions to categories described in 80,087
the formulas. The system of formulas establishes the manner in 80,088
which aggregate expenditure requirements shall be determined for 80,089
each of the three components of institutional operations. In 80,090
addition to other adjustments and calculations described below, 80,091
the subsidy entitlement of an institution shall be determined by 80,092
subtracting from the institution's aggregate expenditure 80,093
requirements income to be derived from the local contributions 80,094
assumed in calculating the subsidy entitlements. The local 80,095
contributions for purposes of determining subsidy support shall 80,096
1755
not limit the authority of the individual boards of trustees to 80,097
establish fee levels. 80,098
The General Studies and Technical models shall be adjusted 80,100
by the Board of Regents so that the share of state subsidy earned 80,101
by those models is not altered by changes in the overall local 80,102
share. A lower-division fee differential shall be used to 80,103
maintain the relationship that would have occurred between these 80,104
models and the Baccalaureate models had an assumed share of 37 80,105
per cent been funded. 80,106
In defining the number of full-time equivalent students for 80,108
state subsidy purposes, the Ohio Board of Regents shall exclude 80,109
all undergraduate students who are not residents of Ohio, except 80,110
those charged in-state fees in accordance with reciprocity 80,111
agreements made pursuant to section 3333.17 of the Revised Code. 80,112
(A) Aggregate Expenditure Per Full-Time Equivalent Student 80,114
(1) Instruction and Support Services 80,116
Model FY 1998 FY 1999 80,119
General Studies I $ 3,468 $ 3,598 80,121
General Studies II $ 3,689 $ 3,827 80,123
General Studies III $ 4,844 $ 5,026 80,125
Technical I $ 4,248 $ 4,407 80,127
Technical III $ 7,436 $ 7,715 80,129
Baccalaureate I $ 5,787 $ 6,004 80,131
Baccalaureate II $ 6,751 $ 7,004 80,133
Baccalaureate III $ 9,887 $ 10,258 80,135
Masters and Professional I $ 10,889 $ 11,297 80,137
Masters and Professional II $ 15,901 $ 16,497 80,139
Masters and Professional III $ 21,904 $ 22,725 80,141
Doctoral I $ 18,629 $ 19,328 80,143
Doctoral II $ 23,436 $ 24,315 80,145
Medical I $ 25,821 $ 26,789 80,147
Medical II $ 35,968 $ 37,317 80,149
(2) Student Services 80,152
For this purpose full-time equivalent counts shall be 80,154
1756
weighted to reflect differences among institutions in the numbers 80,155
of students enrolled on a part-time basis. 80,156
FY 1998 FY 1999 80,158
All Expenditure Models $ 501 $ 520 80,159
(B) Plant Operation and Maintenance (POM) 80,161
(1) Determination of the Square-Foot Based POM Subsidy 80,163
Space undergoing renovation shall be funded at the rate 80,165
allowed for storage space; 80,166
In the calculation of square footage for each campus, 80,168
square footage shall be weighted to reflect differences in space 80,169
utilization;
The space inventories for each campus shall be those 80,171
determined in the fiscal year 1997 instructional subsidy, 80,172
adjusted for changes attributable to the construction or 80,173
renovation of facilities for which state appropriations were made 80,174
or local commitments were made prior to January 1, 1995;
Only fifty per cent of the space permanently taken out of 80,176
operation in fiscal year 1998 or fiscal year 1999 that is not 80,177
otherwise replaced by a campus shall be deleted from the fiscal 80,179
year 1997 inventory.
The square-foot based plant operation and maintenance 80,181
subsidy for each campus shall be determined as follows: 80,182
(a) For each standard room type category shown below, the 80,184
subsidy-eligible net assignable square feet (NASF) for each 80,185
campus shall be multiplied by the following rates, and the 80,186
amounts summed for each campus to determine the total gross 80,187
square-foot based POM expenditure requirement:
FY 1998 FY 1999 80,189
Classrooms $4.85 $5.03 80,190
Laboratories $6.04 $6.27 80,191
Offices $4.85 $5.03 80,192
Audio Visual Data Processing $6.04 $6.27 80,193
Storage $2.15 $2.23 80,194
Circulation $6.12 $6.35 80,195
1757
Other $4.85 $5.03 80,196
(b) The total gross square-foot POM expenditure 80,198
requirement shall be allocated to models in proportion to 80,199
full-time equivalent (FTE) enrollments as reported in enrollment 80,200
data.
(c) The amounts allocated to models in (B)(1)(b) above 80,202
shall be multiplied by the ratio of subsidy-eligible FTE students 80,203
to total FTE students reported in each model, and the amounts 80,204
summed for all models. To this total amount shall be added an 80,205
amount to support roads and grounds expenditures to produce the 80,206
total square-foot based POM subsidy.
(2) Determination of the Activity-Based POM Subsidy 80,208
(a) The number of subsidy-eligible FTE students in each 80,210
model shall be multiplied by the following rates for each campus 80,211
for each fiscal year.
FY 1998 FY 1999 80,214
General Studies I $ 469 $ 487 80,216
General Studies II $ 522 $ 542 80,218
General Studies III $1,208 $1,253 80,220
Technical I $ 536 $ 556 80,222
Technical II $1,044 $1,083 80,224
Baccalaureate I $ 604 $ 627 80,226
Baccalaureate II $ 990 $1,027 80,228
Baccalaureate III $1,502 $1,558 80,230
Masters & Professional I $ 934 $ 969 80,232
Masters & Professional II $1,540 $1,598 80,234
Masters & Professional III $2,527 $2,622 80,236
Doctoral I $1,425 $1,478 80,238
Doctoral II $2,308 $2,395 80,240
Medical I $2,214 $2,297 80,242
Medical II $3,415 $3,543 80,244
(b) The sum of the products for each campus determined in 80,247
(B)(2)(a) for each fiscal year shall be weighted by a factor to 80,248
reflect sponsored research activity and job-training related 80,249
1758
public services expenditures to determine the total 80,250
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 80,252
Adjustments 80,253
(1) Calculation of Core Subsidy Entitlements 80,255
The calculation of the core subsidy entitlement shall 80,257
consist of the following components: 80,258
(a) For each campus and for each fiscal year, the core 80,260
subsidy entitlement shall be determined by multiplying the 80,261
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 80,263
assumed local contributions, by (i) average subsidy-eligible 80,264
full-time equivalents for the two-year period ending in the prior 80,265
year; and (ii) average subsidy-eligible full-time equivalents for 80,266
the five-year period ending in the prior year. 80,267
(b) In calculating the core subsidy entitlements for 80,269
Medical II models only, the board shall use the following count 80,270
of full-time equivalent students in place of the two-year average 80,271
and five-year average of subsidy-eligible students. 80,273
(i) For those medical schools whose current year 80,275
enrollment is below the base enrollment, the Medical II full-time 80,276
equivalent enrollment shall equal: 65 per cent of the base 80,277
enrollment plus 35 per cent of the current year enrollment, where 80,278
the base enrollment is: 80,279
Ohio State University 1010 80,281
University of Cincinnati 833 80,282
Medical College of Ohio at 80,283
Toledo 650
Wright State University 433 80,284
Ohio University 433 80,285
Northeastern Ohio Universities 80,286
College of Medicine 433
(ii) For those medical schools whose current year 80,289
enrollment is equal to or greater than the base enrollment, the 80,290
Medical II full-time equivalent enrollment shall equal the 80,291
1759
current enrollment. 80,292
(c) For all FTE-based subsidy calculations involving 80,294
all-terms FTE data, FTE-based allowances shall be converted from 80,295
annualized to annual rates to ensure equity and consistency of 80,296
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 80,299
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 80,300
The POM subsidy for each campus shall equal the greater of 80,302
the square-foot-based subsidy or the activity-based POM subsidy 80,303
component of the core subsidy entitlement, except that the total 80,304
activity-based POM subsidy shall not exceed 133.1% of the 80,305
square-foot based POM subsidy in fiscal year 1998 and shall not 80,306
exceed 146.4% of the square-foot-based subsidy in fiscal year 80,307
1999.
(2) Fiscal Year 1993 Adjustment 80,309
In order to provide an orderly phase-in of a simplified 80,311
instructional subsidy formula, the Board of Regents shall 80,312
calculate a fiscal year 1993 guarantee for each campus. The 80,313
board shall calculate the amount of protected or buffered subsidy 80,314
distributed to each campus in fiscal year 1993, less amounts for 80,315
plant operation and maintenance and Academic Challenge. 80,316
In fiscal year 1998, for each campus for which the board 80,318
calculates protected subsidy was distributed in fiscal year 1993, 80,319
an adjustment shall be added to the core subsidy entitlement 80,320
which shall consist of the following: the estimated amount of 80,321
the protected fiscal year 1993 subsidy less the greater of 7.5 80,322
per cent of the actual fiscal year 1993 subsidy (less plant 80,323
operation and maintenance and Academic Challenge) or 80,324
five-sevenths of the protected fiscal year 1993 subsidy. If the 80,325
deducted amount exceeds the amount of the protected fiscal year 80,326
1993 subsidy, the adjustment shall be zero. 80,327
In fiscal year 1999, the deducted proportions shall 80,329
increase arithmetically, to 9.0 per cent or six-sevenths and so 80,330
1760
on until the year 2000, or until the fiscal year 1993 guarantee 80,332
is eliminated.
(3) Annual Hold Harmless Provision 80,334
In addition to and after the other adjustments noted above, 80,335
in fiscal year 1998 each campus shall have its subsidy adjusted 80,336
to the extent necessary to provide an amount that is not less 80,337
than one hundred three per cent of the instructional subsidy 80,338
received by the campus in fiscal year 1997. In fiscal year 1999 80,339
each campus shall have its subsidy adjusted to the extent 80,340
necessary to provide an amount that is not less than one hundred 80,341
three per cent of the instructional subsidy received by the 80,342
campus in fiscal year 1998.
(4) Capital Component Deduction 80,344
After all other adjustments have been made, instructional 80,346
subsidy earnings shall be reduced for each campus by the amount, 80,347
if any, by which debt service charged in Am. H.B. 748 of the 80,348
121st General Assembly for that campus exceeds that campus' 80,349
capital component earnings.
(D) Reductions in Earnings 80,351
If total systemwide instructional subsidy earnings in any 80,353
fiscal year exceed total appropriations available for such 80,354
purposes, the Board of Regents shall proportionately reduce the 80,355
instructional subsidy earnings for all campuses by a uniform 80,356
percentage so that the systemwide sum equals available 80,357
appropriations.
(E) Exceptional Circumstances 80,359
Adjustments may be made to instructional subsidy payments 80,361
and other subsidies distributed by the Ohio Board of Regents to 80,362
state-assisted colleges and universities for exceptional 80,363
circumstances. No adjustments for exceptional circumstances may 80,364
be made without the recommendation of the Chancellor and the 80,365
approval of the Controlling Board. 80,366
Distribution of Instructional Subsidy 80,368
The instructional subsidy payments to the institutions 80,370
1761
shall be in substantially equal monthly amounts during the fiscal 80,371
year, unless otherwise determined by the Director of Budget and 80,372
Management pursuant to the provisions of section 126.09 of the 80,373
Revised Code. Payments during the first six months of the fiscal 80,374
year shall be based upon the instructional subsidy appropriation 80,375
estimates made for the various institutions of higher education 80,376
according to the Ohio Board of Regents enrollment estimates. 80,377
Payments during the last six months of the fiscal year shall be 80,378
distributed after approval of the Controlling Board upon the 80,379
request of the Ohio Board of Regents. 80,380
Law School Subsidy 80,382
The instructional subsidy to state supported universities 80,384
for students enrolled in law schools in fiscal year 1998 and 80,385
fiscal year 1999 shall be calculated by using the number of 80,386
subsidy eligible full-time equivalent law school students funded 80,387
by state subsidy in fiscal year 1995 or the actual number of 80,388
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 80,389
Limitations on State Subsidies for Doctoral Students 80,391
The Ohio Board of Regents is authorized to limit the number 80,393
of subsidy-eligible full-time equivalent (FTE) doctoral students 80,394
at all state-assisted universities in fiscal year 1998 and fiscal 80,395
year 1999. The limitation shall be established by university and 80,396
by doctoral subsidy level. In establishing the caps, the Board 80,397
of Regents shall consider:
(1) Recent and historical trends in subsidy-eligible 80,399
doctoral enrollments;
(2) Recommendations related to the Regents' review of 80,401
doctoral programs;
(3) Contributions that doctoral education and research 80,403
make to the economy and well-being of regions and the state. 80,404
Section 98.02. Mission-Based Core Funding for Higher 80,406
Education
Performance Challenge 80,408
1762
The foregoing appropriation item 235-416, Performance 80,410
Challenge, shall be distributed by the Board of Regents to 80,411
state-assisted, two-year colleges and regional campuses to 80,412
implement the following two service expectations that were 80,413
originally established in the Securing the Future report, created
in Am. Sub. H.B. 152 of the 120th General Assembly, and 80,414
implemented by the Board of Regents in fiscal year 1994: 80,415
(A) Partnerships with industry, business, government, and 80,417
labor for the retraining of the workforce, and the economic 80,418
development of the community.
(B) Linkages with high schools to ensure that graduates 80,420
are adequately prepared for post-secondary instruction. 80,421
Access Challenge 80,423
In each fiscal year, the foregoing appropriation item 80,425
235-418, Access Challenge, shall be distributed to Ohio's 80,426
state-assisted access colleges and universities in proportion to 80,427
each campus' share of full-time equivalent enrollments at the 80,428
General Studies level as determined in the subsidy calculation 80,429
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" shall include state-assisted 80,430
community colleges, state community colleges, technical colleges, 80,431
Shawnee State University, Central State University, Cleveland 80,432
State University, the regional campuses of state-assisted 80,433
universities, and, where they are organizationally distinct and 80,434
identifiable, the community-technical colleges located at the 80,435
University of Toledo, the University of Cincinnati, Youngstown 80,436
State University, and the University of Akron. 80,437
For each campus receiving these funds and whose in-state, 80,439
in-district, undergraduate tuition and fee charges are currently 80,440
above the state average 50 per cent of all new subsidies received 80,441
by each campus in each fiscal year shall be used to restrain 80,442
growth of in-state undergraduate tuition and fees. For the 80,443
purposes of this distribution, "new subsidies" means all amounts 80,444
received by a campus in any fiscal year from this item in excess 80,445
1763
of amounts received by the campus from this item in the previous 80,446
fiscal year.
School Challenge 80,448
The foregoing appropriation item 235-419, School Challenge, 80,451
shall be used to support projects designed to contribute to the 80,452
improvement of public primary and secondary education in the 80,453
state, especially of the skills and knowledge of teachers. 80,454
Project proposals shall be developed by state-assisted colleges 80,455
and universities in concert with a consortia of public school 80,456
districts, and funding shall be determined based on criteria to 80,457
be jointly established by the Board of Regents and the Ohio 80,458
Department of Education. The funding criteria shall include the 80,459
following provisions:
(A) Project proposals including low performing school 80,461
districts shall receive the highest priority in the selection 80,462
process;
(B) Project proposals in less affluent districts shall 80,464
receive the next highest priority. 80,465
Beginning in fiscal year 2000, the universities and 80,467
colleges shall submit an annual report or plan to improve 80,468
operational efficiency to the Board of Regents, President of the 80,470
Senate, Speaker of the House of Representatives, the chairs of 80,472
both the House and Senate Education Committees, the Director of
Budget and Management, and the Legislative Budget Officer. The 80,473
report shall document progress made on the plan and bottom-line 80,474
financial savings.
Research Challenge 80,476
The foregoing appropriation item 235-454, Research 80,478
Challenge, shall be used to enhance the basic research 80,479
capabilities of public colleges and universities and accredited 80,480
Ohio institutions of higher education holding certificates of 80,481
authorization issued pursuant to section 1713.02 of the Revised 80,482
Code, in order to strengthen the academic research for pursuing 80,483
Ohio's economic redevelopment goals. The Ohio Board of Regents, 80,484
1764
in consultation with the colleges and universities, shall 80,485
administer the Research Challenge Program and utilize a means of 80,486
matching, on a fractional basis, external funds attracted in the 80,487
previous year by institutions for basic research. The program 80,488
may include incentives for increasing the amount of external 80,489
research funds coming to such eligible institutions and for 80,490
focusing research efforts upon critical state needs. Colleges 80,491
and universities shall submit for review and approval to the Ohio 80,492
Board of Regents plans for the institutional allocation of state 80,493
dollars received through this program. Such institutional plans 80,494
shall provide the rationale for the allocation in terms of the 80,495
strategic targeting of funds for academic and state purposes, for 80,496
strengthening research programs, and for increasing the amount of 80,497
external research funds, and shall include an evaluation process 80,498
to provide results of the increased support. It is the intent of 80,499
the General Assembly that increases in funding for 235-454, 80,500
Research Challenge, in the 1997-1999 biennium, over the 1993-1995 80,501
biennium levels, be used by campuses as unrestricted funding for 80,502
research, in the same way that Instructional Subsidy allocations 80,503
are used. 80,504
Of the foregoing appropriation item 235-454, Research 80,506
Challenge, $100,000 each fiscal year shall be used to support the 80,507
University of Toledo Plant Biotech Consortium. 80,508
Of the foregoing appropriation item 235-454, Research 80,510
Challenge, $250,000 in fiscal year 1998 shall be paid to AFIT. 80,511
In fiscal year 1999, subsequent to the consortium of universities 80,512
unanimously agreeing on a spending plan, the Board of Regents 80,513
shall pay $3,500,000 to AFIT.
The Ohio Board of Regents shall submit a biennial report of 80,515
progress to the General Assembly. 80,516
Section 98.03. Higher Education--Board of Trustees 80,519
Funds appropriated for instructional subsidies at colleges 80,521
and universities may be used to provide such branch or other 80,522
off-campus undergraduate courses of study and such master's 80,523
1765
degree courses of study as may be approved by the Ohio Board of 80,524
Regents. 80,525
In providing instructional and other services to students, 80,527
boards of trustees of state-assisted institutions of higher 80,528
education shall supplement state subsidies by income from charges 80,529
to students. Each board shall establish the fees to be charged 80,530
to all students, including an instructional fee for educational 80,531
and associated operational support of the institution and a
general fee for noninstructional services, including locally 80,532
financed student services facilities used for the benefit of 80,533
enrolled students. The instructional fee and the general fee 80,534
shall encompass all charges for services assessed uniformly to 80,535
all enrolled students. Each board may also establish special 80,536
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 80,537
benefits furnished individual students or specific categories of 80,538
students and shall not be applied uniformly to all enrolled 80,539
students. A tuition surcharge shall be paid by all students who 80,540
are not residents of Ohio.
Boards of trustees of individual state-assisted 80,542
universities, and branch campuses, and community and technical 80,543
colleges shall vote on changes to the combined in-state 80,544
undergraduate instructional and general fee increases for an 80,545
academic year over the amounts charged in the prior academic 80,546
year. The boards of trustees of individual state-assisted 80,548
universities, and branch campuses, and community and technical
colleges shall not authorize instructional and general fee 80,549
increases of more than four per cent in the first vote. A second 80,550
vote is required for any fee increase beyond four per cent. The 80,551
boards of trustees of individual state-assisted universities, and 80,552
branch campuses, and community and technical colleges may 80,553
authorize an instructional and general fee increase of more than
eight per cent only if the revenue from any fee increase above 80,554
eight per cent is used for undergraduate financial aid. The 80,555
1766
financial aid revenue resulting from any fee increase greater 80,556
than eight per cent shall not be used to supplant other sources 80,557
of institutional financial aid. These requirements apply even if 80,558
an institutional board of trustees has, prior to the effective 80,559
date of this section, voted to assess a higher fee for the 80,560
1997-1998 academic year. These limitations shall not apply to 80,561
increases required to comply with institutional covenants related 80,562
to their obligations or to meet unfunded legal mandates or 80,563
legally binding obligations incurred or commitments made prior to 80,564
the effective date of this act with respect to which the 80,565
institution had identified such fee increases as the source of 80,566
funds. Any increase required by such covenants and any such 80,567
mandates, obligations or commitments will be reported by the 80,568
Board of Regents to the Controlling Board. These limitations 80,569
may also be modified by the Ohio Board of Regents, with the 80,570
approval of the Controlling Board, to respond to exceptional 80,571
circumstances as identified by the Ohio Board of Regents. 80,572
The board of trustees of a state-assisted institution of 80,574
higher education shall not authorize a waiver or nonpayment of 80,575
instructional fees nor general fees for any particular student or 80,576
any class of students other than waivers specifically authorized 80,577
by law or approved by the Chancellor. This prohibition is not 80,578
intended to limit the authority of boards of trustees to provide 80,579
for payments to students for services rendered the institution, 80,580
nor to prohibit the budgeting of income for staff benefits or for 80,581
student assistance in the form of payment of such instructional 80,582
and general fees. 80,583
Each state-assisted institution of higher education in its 80,585
statement of charges to students shall separately identify the 80,586
instructional fee, the general fee, the tuition charge, and the 80,587
tuition surcharge. Fee charges to students for instruction shall 80,588
not be considered to be a price of service but shall be 80,589
considered to be an integral part of the state government 80,590
financing program in support of higher educational opportunity 80,591
1767
for students. 80,592
In providing the appropriations in support of instructional 80,594
services at state-assisted institutions of higher education and 80,595
the appropriations for other instruction it is the intent of the 80,596
General Assembly that faculty members shall devote a proper and 80,597
judicious part of their work week to the actual instruction of 80,598
students. Total class credit hours of production per quarter per 80,599
full-time faculty member is expected to meet the standards set 80,600
forth in the budget data submitted by the Ohio Board of Regents. 80,601
No state-assisted college or university shall contract 80,603
additional debt to finance additional student housing or permit 80,604
the construction of additional student housing on land owned or 80,605
leased by such institution without the approval of the Board of 80,606
Regents. In granting or denying approval, the board shall 80,607
consider demographic projections and established service 80,608
districts, as well as the current strength of enrollment patterns 80,609
throughout the state and in the public and private institutions 80,610
that have historically drawn students from the same markets as 80,611
the institution requesting additional housing. The board shall 80,612
also consider statewide dormitory occupancy patterns and any debt 80,613
burden that would be incurred by the institution. The board 80,614
shall monitor demographic trends and shall recommend that the 80,615
General Assembly modify this section when there is no longer a 80,616
significant risk of future enrollment decline. 80,617
The board shall have no authority to prohibit the 80,619
construction of privately financed housing constructed on land 80,620
that is not owned or leased by the institution, even if the 80,621
institution has entered or intends to enter into some type of 80,622
contractual agreement with the developers or owners of such 80,623
housing. 80,624
The authority of government vested by law in the boards of 80,626
trustees of state-assisted institutions of higher education shall 80,627
in fact be exercised by those boards. Boards of trustees may 80,628
consult extensively with appropriate student and faculty groups. 80,630
1768
Administrative decisions about the utilization of available 80,631
resources, about organizational structure, about disciplinary 80,632
procedure, about the operation and staffing of all auxiliary 80,633
facilities, and about administrative personnel shall be the 80,634
exclusive prerogative of boards of trustees. Any delegation of 80,635
authority by a board of trustees in other areas of responsibility 80,636
shall be accompanied by appropriate standards of guidance 80,637
concerning expected objectives in the exercise of such delegated 80,638
authority and shall be accompanied by periodic review of the 80,639
exercise of this delegated authority to the end that the public 80,640
interest, in contrast to any institutional or special interest, 80,641
shall be served.
Section 98.04. Medical School Subsidies 80,643
The foregoing appropriation item 235-515, CWRU School of 80,645
Medicine, shall be disbursed to Case Western Reserve University 80,646
through the Ohio Board of Regents in accordance with agreements 80,647
entered into as provided for by section 3333.10 of the Revised 80,648
Code, provided that the state support per full-time medical 80,649
student shall not exceed that provided to full-time medical 80,650
students at state universities. 80,651
The foregoing appropriation items 235-536 Ohio State 80,653
University Clinical Teaching Subsidy, 235-537 University of 80,654
Cincinnati Clinical Teaching Subsidy, 235-538 Medical College of 80,655
Ohio at Toledo Clinical Teaching Subsidy, 235-539 Wright State 80,656
University Clinical Teaching Subsidy, 235-540 Ohio University 80,657
Clinical Teaching Subsidy, and 235-541 Northeastern Ohio 80,658
Universities College of Medicine Clinical Teaching Subsidy shall 80,659
be distributed through the Ohio Board of Regents. 80,660
The foregoing appropriation item 235-572, OSU Clinic 80,662
Support, shall be distributed through the Ohio Board of Regents 80,663
to the Ohio State University for support of dental and veterinary 80,664
medicine clinics. 80,665
The Ohio Board of Regents shall develop plans consistent 80,667
with existing criteria and guidelines as may be required for the 80,668
1769
distribution of appropriation items 235-519, Family Practice, 80,669
235-525, Geriatric Medicine, and 235-526, Primary Care 80,670
Residencies. 80,671
Of the foregoing appropriation item 235-539, Wright State 80,673
University Clinical Teaching, $155,310 in fiscal year 1998 and 80,674
$159,037 in fiscal year 1999 shall be for the use of Wright State 80,675
University's Ellis Institute for Clinical Teaching Studies to 80,676
operate the clinical facility to serve the Greater Dayton area. 80,678
Performance Standards for Medical Education 80,680
The Ohio Board of Regents, in consultation with the 80,682
state-assisted medical colleges, shall develop performance 80,684
standards for medical education. Special emphasis in the 80,686
standards shall be placed on attempting to ensure that by fiscal 80,687
year 2000 at least fifty per cent of the aggregate number of 80,688
students enrolled in state-assisted medical colleges enter 80,690
residency as primary care physicians. Primary care physicians 80,692
are defined as general family practice physicians, general 80,695
internal medicine practitioners and general pediatric care 80,696
physicians. The Board of Regents shall be responsible for 80,699
monitoring medical school performance in relation to their plans 80,700
for reaching the fifty per cent systemwide standard for primary
care physicians. 80,701
The foregoing appropriation item 235-526, Primary Care, 80,703
shall be distributed in each fiscal year of the biennium based on 80,704
whether the institution has submitted and gained approval for a 80,706
plan. If the institution does not have an approved plan then 80,707
they shall receive five per cent less funding per student than 80,708
they would have received from their annual allocation. The
remaining funding will be distributed among those institutions 80,710
that meet or exceed their targets.
Area Health Education Centers 80,712
The foregoing appropriation item 235-474, AHEC Program 80,714
Support, shall be used by the Ohio Board of Regents to support 80,715
the medical school regional AHECs' educational programs for the 80,716
1770
continued support of medical and other health professions 80,717
education and for support of the Area Health Education Center 80,718
program. 80,719
Of the foregoing appropriation item 235-474, AHEC Program 80,721
Support, $200,000 in each fiscal year shall be disbursed to the 80,722
Ohio University College of Osteopathic Medicine for the 80,723
establishment of a mobile health care unit to serve the 80,724
southeastern area of the state. Of the foregoing appropriation 80,725
item 235-474, AHEC Program Support, $150,000 in each fiscal year 80,726
shall be used to support the Ohio Valley Community Health 80,727
Information Network (OVCHIN) pilot project. 80,728
Section 98.05. Midwest Higher Education Compact 80,730
The foregoing appropriation item 235-408, Midwest Higher 80,732
Education Compact, shall be distributed by the Ohio Board of 80,733
Regents pursuant to section 3333.40 of the Revised Code. 80,734
Postsecondary Readiness Testing 80,736
The foregoing appropriation item 235-506, Postsecondary 80,738
Readiness Testing, shall be used for special programs in the 80,739
early assessment of prospective college students in mathematics, 80,740
science, and English. 80,741
Displaced Homemakers 80,743
Of the foregoing appropriation item 235-509, Displaced 80,745
Homemakers, the Ohio Board of Regents shall continue funding 80,746
pilot projects authorized in Am. Sub. H.B. 291 of the 115th 80,747
General Assembly for the following centers: Cuyahoga Community 80,748
College, University of Toledo, Southern State Community College, 80,749
and Stark Technical College. The amount of $29,236 in each 80,750
fiscal year shall be used for the Baldwin-Wallace Single Parents 80,751
Reaching Out for Unassisted Tomorrows program. 80,752
Ohio Aerospace Institute 80,754
The foregoing appropriation item 235-527, Ohio Aerospace 80,756
Institute, shall be distributed by the Ohio Board of Regents 80,757
pursuant to section 3333.042 of the Revised Code. The Ohio 80,758
Aerospace Institute, a private nonprofit consortium, is hereby 80,759
1771
funded by the state of Ohio to develop academic consortia. The 80,760
Ohio Aerospace Institute shall facilitate collaboration among 80,761
universities, industry, and government to enhance the education 80,762
of students, and to increase collaborative research and education 80,763
programs which explore common technological needs and
opportunities for Ohio. 80,764
These efforts should not duplicate or interfere with other 80,766
technology-related organizations funded by Ohio in their missions 80,767
to provide technical services to industries in Ohio and the 80,768
surrounding region.
Productivity Improvement Challenge 80,770
The foregoing appropriation item 235-455, Productivity 80,772
Improvement Challenge Program, shall be allocated by the Ohio 80,773
Board of Regents to continue increasing the capabilities of 80,775
Business and Industry Training Centers at Ohio's two-year college 80,776
and university regional campuses to meet the varied training
needs of Ohio enterprises. Funds will be available for capacity 80,777
building projects and activities developed through the Enterprise 80,778
Ohio Network of Business and Industry Training Centers. The 80,779
Regents Advisory Committee for Workforce Development, in its 80,780
advisory role, shall assist in the development of plans and 80,781
activities. 80,782
Of the foregoing appropriation item 235-455, Productivity 80,784
Improvement Challenge, $200,000 in fiscal year 1998 and $203,000 80,785
in fiscal year 1999 shall be used by the Miami Valley Career and 80,786
Technology Center Grant Program.
Access Improvement Projects 80,788
The foregoing appropriation item 235-477, Access 80,790
Improvement Projects, shall be used by the Ohio Board of Regents 80,791
to develop innovative statewide strategies to increase student 80,792
access and retention for specialized populations, and to provide 80,793
for pilot projects that will contribute to improving access to 80,794
higher education by specialized populations. The funds may be 80,795
used for projects that improve access for nonpublic secondary 80,796
1772
students. 80,797
Of the foregoing appropriation item 235-477, Access 80,799
Improvement Projects, $717,650 in fiscal year 1998 and $725,415 80,800
in fiscal year 1999 shall be distributed to the Appalachian 80,802
Center for Higher Education at Shawnee State University. The 80,803
Board of Directors of the center shall be comprised of the 80,804
presidents of Shawnee State University, Ohio University, Belmont 80,805
Technical College, Hocking Technical College, Jefferson Technical 80,806
College, Muskingum Area Technical College, Rio Grande Community 80,807
College, Southern State Community College, Washington State 80,808
Community College, the dean of either the Salem or East Liverpool 80,809
regional campuses of Kent State University, as designated by the 80,810
president of Kent State University, and a representative of the 80,811
Board of Regents as designated by the Chancellor. 80,812
OhioLINK 80,814
The foregoing appropriation item 235-507, OhioLINK, shall 80,816
be used to support OhioLINK operations, including the continued 80,817
installation, deployment, and enhancement of OhioLINK facilities 80,818
and services. 80,819
Regional Library Depositories 80,821
The foregoing appropriation item 235-555, Library 80,823
Depositories, shall be used to support the operations of the 80,824
state-funded regional library depositories.
Ohio Supercomputer Center 80,826
The foregoing appropriation item 235-510, Ohio 80,828
Supercomputer Center, shall be used by the Ohio Board of Regents 80,829
to support the operation of the center, located at The Ohio State 80,830
University, to be developed as a statewide resource available to 80,831
Ohio research universities both public and private. It is also 80,832
intended that the center be made accessible to private industry 80,833
as appropriate. Policies of the center shall be established by a 80,834
governance committee, representative of Ohio's research 80,835
universities and private industry, to be appointed by the 80,836
Chancellor of the Ohio Board of Regents and established for this 80,837
1773
purpose. 80,838
Ohio Academic Resources Network (OARNet) 80,840
The foregoing appropriation item, 235-556 OARNet, shall be 80,842
used to support the operations of the Ohio Academic Resources 80,843
Network, which shall include support for Ohio's state-assisted 80,844
colleges and universities in maintaining and enhancing network 80,845
connections.
Dormitory Occupancy* 80,847
The Ohio Board of Regents shall regularly monitor the 80,849
occupancy rates of state university dormitory systems for the 80,850
purpose of recognizing circumstances in which the financial 80,851
stability of such institutions is threatened by the unavoidable 80,852
costs of debt service and plant maintenance. In conjunction with 80,853
the development of biennial appropriation recommendations, the 80,854
Ohio Board of Regents shall report to the General Assembly and 80,856
the Legislative Service Commission its recommendations for 80,857
financial assistance to universities whose dormitory occupancy 80,858
rates are less than 75 per cent of designed capacity and whose 80,859
ability to sustain required debt payments and required plant 80,860
maintenance may be jeopardized thereby.
Section 98.06. Pledge of Fees* 80,862
Any new pledge of fees, or new agreement for adjustment of 80,864
fees, made in the 1997-1999 biennium to secure bonds or notes of 80,865
a state-assisted institution of higher education for a project 80,866
for which bonds or notes were not outstanding on the effective 80,867
date of this act shall be effective only after approval by the 80,868
Ohio Board of Regents, unless approved in a previous biennium. 80,869
Rental Payments to the Ohio Public Facilities Commission 80,872
The appropriations to the Ohio Board of Regents from the 80,874
General Revenue Fund for the purposes of division (A) of section 80,875
3333.13 of the Revised Code, include the amounts necessary to 80,876
meet all payments at the times required to be made during the 80,877
period from July 1, 1997, to June 30, 1999, by the Ohio Board of 80,878
Regents to the Ohio Public Facilities Commission pursuant to 80,879
1774
leases and agreements made under section 154.21 of the Revised 80,880
Code, as certified under division (C) of section 3333.13 of the 80,881
Revised Code, but limited to the aggregate amount of $735,044,000 80,882
provided in appropriation item 235-401, Rental Payments to the 80,883
Ohio Public Facilities Commission. Nothing in this act shall be 80,884
deemed to contravene the obligation of the state to pay, without 80,885
necessity for further appropriation, from the source pledged 80,886
thereto, the bond service charges on obligations issued pursuant 80,887
to section 154.21 of the Revised Code. 80,888
Within five days after the beginning of fiscal year 1999, 80,890
any funds in 235-401, Rental Payments to the Ohio Public 80,891
Facilities Commission, which the Director of Budget and 80,892
Management certifies as unnecessary for rental payments by the 80,893
Board of Regents to the Ohio Public Facilities Commission, shall
be transferred by the Director of Budget and Management to 80,894
appropriation item 235-501, Instructional Subsidy. The Board of 80,895
Regents shall use any transferred funds to augment instructional 80,896
subsidy amounts to institutions in fiscal year 1999. 80,897
Section 98.07. Ohio Instructional Grants 80,899
Notwithstanding section 3333.12 of the Revised Code, in 80,901
lieu of the tables in that section, instructional grants for all 80,902
full-time students shall be made for fiscal year 1998 using the 80,903
tables under this heading. 80,904
For a full-time student who is a dependent and enrolled in 80,907
a nonprofit educational institution that is not a state-assisted 80,908
institution and that has a certificate of authorization issued 80,909
pursuant to Chapter 1713. of the Revised Code, the amount of the 80,910
instructional grant for the academic year shall be determined in 80,911
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 80,912
Private Institution Table of Grants 80,913
Maximum Grant $4,296 80,915
Gross Income Number of Dependents 80,916
1775
1 2 3 4 5 or 80,923
more
$10,000 and under $4,296 $4,296 $4,296 $4,296 $4,296 80,927
$10,001 - $11,000 3,870 4,296 4,296 4,296 4,296 80,929
$11,001 - $12,000 3,432 3,870 4,296 4,296 4,296 80,931
$12,001 - $13,000 3,006 3,432 3,870 4,296 4,296 80,933
$13,001 - $14,000 2,580 3,006 3,432 3,870 4,296 80,935
$14,001 - $15,000 2,154 2,580 3,006 3,432 3,870 80,937
$15,001 - $16,000 1,722 2,154 2,580 3,006 3,432 80,939
$16,001 - $19,000 1,284 1,722 2,154 2,580 3,006 80,941
$19,001 - $22,000 1,062 1,284 1,722 2,154 2,580 80,943
$22,001 - $25,000 858 1,062 1,284 1,722 2,154 80,945
$25,001 - $28,000 780 858 1,062 1,284 1,722 80,947
$28,001 - $30,000 702 780 858 1,062 1,284 80,949
$30,001 and over -0- -0- -0- -0- -0- 80,951
For a full-time student who is financially independent and 80,954
enrolled in a nonprofit educational institution that is not a 80,955
state-assisted institution and that has a certificate of 80,956
authorization issued pursuant to Chapter 1713. of the Revised 80,957
Code, the amount of the instructional grant for the academic year 80,958
shall be determined in accordance with the following table: 80,959
Private Institution Table of Grants 80,960
Maximum Grant $4,296 80,961
Gross Income Number of Dependents 80,962
0 1 2 3 4 5 or 80,969
more
$ 3,300 and under $4,296 $4,296 $4,296 $4,296 $4,296 $4,296 80,973
$ 3,301 - $ 3,900 3,870 4,296 4,296 4,296 4,296 4,296 80,975
$ 3,901 - $ 4,400 3,432 3,870 4,296 4,296 4,296 4,296 80,977
$ 4,401 - $ 4,900 3,006 3,432 3,870 4,296 4,296 4,296 80,979
$ 4,901 - $ 5,400 2,580 3,006 3,432 3,870 4,296 4,296 80,981
$ 5,401 - $ 5,900 2,154 2,580 3,006 3,432 3,870 4,296 80,983
$ 5,901 - $ 6,900 1,722 2,154 2,580 3,006 3,432 3,870 80,985
$ 6,901 - $ 7,900 1,284 1,722 2,154 2,580 3,006 3,432 80,987
1776
$ 7,901 - $ 8,900 1,062 1,284 1,722 2,154 2,580 3,006 80,989
$ 8,901 - $10,400 858 1,062 1,284 1,722 2,154 2,580 80,991
$10,401 - $11,900 780 858 1,062 1,284 1,722 2,154 80,993
$11,901 - $13,400 702 780 858 1,062 1,284 1,722 80,995
$13,401 - $14,900 -0- 702 780 858 1,062 1,284 80,997
$14,901 - $17,900 -0- -0- 702 780 858 1,062 80,999
$17,901 - $20,900 -0- -0- -0- 702 780 858 81,001
$20,901 - $23,900 -0- -0- -0- -0- 702 780 81,003
$23,901 - $28,600 -0- -0- -0- -0- -0- 702 81,005
$28,601 and over -0- -0- -0- -0- -0- -0- 81,007
For a full-time student who is a dependent and enrolled in 81,010
an educational institution that holds a certificate of 81,011
registration from the State Board of Proprietary School 81,012
Registration, the amount of the instructional grant for the 81,013
academic year shall be determined in accordance with the 81,014
following table: 81,015
Propriety Institution Table of Grants 81,016
Maximum Grant $3,642 81,018
Gross Income Number of Dependents 81,019
1 2 3 4 5 or 81,027
more
$10,000 and under $3,642 $3,642 $3,642 $3,642 $3,642 81,031
$10,001 - $11,000 3,288 3,642 3,642 3,642 3,642 81,033
$11,001 - $12,000 2,904 3,288 3,642 3,642 3,642 81,035
$12,001 - $13,000 2,538 2,904 3,288 3,642 3,642 81,037
$13,001 - $14,000 2,202 2,538 2,904 3,288 3,642 81,039
$14,001 - $15,000 1,806 2,202 2,538 2,904 3,288 81,041
$15,001 - $16,000 1,464 1,806 2,202 2,538 2,904 81,043
$16,001 - $19,000 1,122 1,464 1,806 2,202 2,538 81,045
$19,001 - $22,000 900 1,122 1,464 1,806 2,202 81,047
$22,001 - $25,000 720 900 1,122 1,464 1,806 81,049
$25,001 - $28,000 678 720 900 1,122 1,464 81,051
$28,001 - $30,000 594 678 720 900 1,122 81,053
$30,001 and over -0- -0- -0- -0- -0- 81,055
1777
For a full-time student who is financially independent and 81,058
enrolled in an educational institution that holds a certificate 81,059
of registration from the State Board of Proprietary School 81,060
Registration, the amount of the instructional grant for the 81,061
academic year shall be determined in accordance with the 81,062
following table: 81,063
Propriety Institution Table of Grants 81,064
Maximum Grant $3,642 81,065
Gross Income Number of Dependents 81,066
0 1 2 3 4 5 or 81,074
more
$ 3,300 and under $3,642 $3,642 $3,642 $3,642 $3,642 $3,642 81,078
$ 3,301 - $ 3,900 3,288 3,642 3,642 3,642 3,642 3,642 81,080
$ 3,901 - $ 4,400 2,904 3,288 3,642 3,642 3,642 3,642 81,082
$ 4,401 - $ 4,900 2,538 2,904 3,288 3,642 3,642 3,642 81,084
$ 4,901 - $ 5,400 2,202 2,538 2,904 3,288 3,642 3,642 81,086
$ 5,401 - $ 5,900 1,806 2,202 2,538 2,904 3,288 3,642 81,088
$ 5,901 - $ 6,900 1,464 1,806 2,202 2,538 2,904 3,288 81,090
$ 6,901 - $ 7,900 1,122 1,464 1,806 2,202 2,538 2,904 81,092
$ 7,901 - $ 8,900 900 1,122 1,464 1,806 2,202 2,538 81,094
$ 8,901 - $10,400 720 900 1,122 1,464 1,806 2,202 81,096
$10,401 - $11,900 678 720 900 1,122 1,464 1,806 81,098
$11,901 - $13,400 594 678 720 900 1,122 1,464 81,100
$13,401 - $14,900 -0- 594 678 720 900 1,122 81,102
$14,901 - $17,900 -0- -0- 594 678 720 900 81,104
$17,901 - $20,900 -0- -0- -0- 594 678 720 81,106
$20,901 - $23,900 -0- -0- -0- -0- 594 678 81,108
$23,901 - $28,600 -0- -0- -0- -0- -0- 594 81,110
$28,601 and over -0- -0- -0- -0- -0- -0- 81,112
For a full-time student who is a dependent and enrolled in 81,115
a state-assisted educational institution, the amount of the 81,116
instructional grant for the academic year shall be determined in 81,117
accordance with the following table: 81,118
Public Institution Table of Grants 81,119
1778
Maximum Grant $1,734 81,120
Gross Income Number of Dependents 81,121
1 2 3 4 5 or 81,127
more
$10,000 and under $ 1,734 $ 1,734 $ 1,734 $ 1,734 $ 1,734 81,131
$10,001 - $11,000 1,554 1,734 1,734 1,734 1,734 81,133
$11,001 - $12,000 1,374 1,554 1,734 1,734 1,734 81,135
$12,001 - $13,000 1,218 1,374 1,554 1,734 1,734 81,137
$13,001 - $14,000 1,044 1,218 1,374 1,554 1,734 81,139
$14,001 - $15,000 858 1,044 1,218 1,374 1,554 81,141
$15,001 - $16,000 690 858 1,044 1,218 1,374 81,143
$16,001 - $19,000 522 690 858 1,044 1,218 81,145
$19,001 - $22,000 420 522 690 858 1,044 81,147
$22,001 - $25,000 342 420 522 690 858 81,149
$25,001 - $28,000 318 342 420 522 690 81,151
$28,001 - $30,000 288 318 342 420 522 81,153
$30,001 and over -0- -0- -0- -0- -0- 81,155
For a full-time student who is financially independent and 81,158
enrolled in a state-assisted educational institution, the amount 81,159
of the instructional grant for the academic year shall be 81,160
determined in accordance with the following table: 81,161
Public Institution Table of Grants 81,162
Maximum Grant $1,734 81,163
Gross Income Number of Dependents 81,164
0 1 2 3 4 5 or 81,172
more
$ 3,300 and under $1,734 $1,734 $1,734 $1,734 $1,734 $1,734 81,176
$ 3,301 - $ 3,900 1,554 1,734 1,734 1,734 1,734 1,734 81,178
$ 3,901 - $ 4,400 1,374 1,554 1,734 1,734 1,734 1,734 81,180
$ 4,401 - $ 4,900 1,218 1,374 1,554 1,734 1,734 1,734 81,182
$ 4,901 - $ 5,400 1,044 1,218 1,374 1,554 1,734 1,734 81,184
$ 5,401 - $ 5,900 858 1,044 1,218 1,374 1,554 1,734 81,186
$ 5,901 - $ 6,900 690 858 1,044 1,218 1,374 1,554 81,188
$ 6,901 - $ 7,900 522 690 858 1,044 1,218 1,374 81,190
1779
$ 7,901 - $ 8,900 420 522 690 858 1,044 1,218 81,192
$ 8,901 - $10,400 342 420 522 690 858 1,044 81,194
$10,401 - $11,900 318 342 420 522 690 858 81,196
$11,901 - $13,400 288 318 342 420 522 690 81,198
$13,401 - $14,900 -0- 288 318 342 420 522 81,200
$14,901 - $17,900 -0- -0- 288 318 342 420 81,202
$17,901 - $20,900 -0- -0- -0- 288 318 342 81,204
$29,601 - $23,900 -0- -0- -0- -0- 288 318 81,206
$23,901 - $28,600 -0- -0- -0- -0- -0- 288 81,208
$28,601 and over -0- -0- -0- -0- -0- -0- 81,210
"Gross income" as used in this section shall include all 81,214
taxable and nontaxable income of the parents, the student, and 81,215
the student's spouse, except income derived from an Ohio academic 81,216
scholarship and except income earned by the student between the 81,217
last day of the spring term and the first day of the fall term, 81,218
as published by the institution in which the student is enrolled. 81,219
In the case of self-employed persons, business expenses as 81,220
defined by the Ohio Board of Regents shall be subtracted. Where 81,221
no gross income or inadequate gross income as determined by the 81,222
board is reported, the board shall establish a formula for 81,223
determining the means by which the family maintained itself and 81,224
translate the data into gross income for Ohio instructional grant 81,225
purposes. Family income may be verified by supplying to the 81,226
Commission a copy of the federal government income tax return, by 81,227
authorizing access to the family federal government income tax 81,228
return, or by other means satisfactory to the board. 81,229
"Dependent" as used in this section shall be defined by 81,232
rules adopted by the Ohio Board of Regents.
Institutions of higher education that enroll students 81,234
receiving instructional grants under this heading shall report to 81,235
the Ohio Board of Regents all students who have received 81,236
instructional grants but are no longer eligible for all or part 81,237
of such grants and shall refund any moneys due the state within 81,238
thirty days after the beginning of the quarter or term 81,239
1780
immediately following the quarter or term in which the student 81,240
was no longer eligible to receive all or part of the student's 81,241
grant. There shall be an interest charge of one per cent per 81,242
month on all moneys due and payable after such thirty-day period. 81,244
The Board of Regents shall immediately notify the Office of
Budget and Management and the Legislative Budget Office of the 81,245
Legislative Service Commission of all refunds so received. The 81,246
foregoing appropriation item, 235-503, Ohio Instructional Grants, 81,247
shall be used to make the payments authorized by division (C) of 81,248
section 3333.26 of the Revised Code to the institutions described 81,249
in that division. In addition, this appropriation shall be used 81,250
to reimburse the institutions described in division (B) of 81,251
section 3333.26 of the Revised Code for the cost of the waivers 81,252
required by that division. 81,253
Merit Grants 81,255
Of the foregoing appropriation item 235-503, Ohio 81,257
Instructional Grants, $4,500,000 in each fiscal year shall be 81,258
used to award the merit component established by division (G) of 81,259
section 3333.12 of the Revised Code.
War Orphans' Scholarships 81,261
The foregoing appropriation item 235-504, War Orphans' 81,263
Scholarships, shall be used to reimburse state-assisted 81,264
institutions of higher education for waivers of instructional 81,265
fees and general fees provided by them, and to provide grants to 81,266
institutions that have received a certificate of authorization 81,267
from the Ohio Board of Regents under Chapter 1713. of the Revised 81,268
Code, in accordance with the provisions of section 5910.04 of the 81,269
Revised Code, and to fund additional scholarship benefits 81,270
provided by section 5910.032 of the Revised Code. 81,271
Part-time Student Instructional Grants 81,273
The foregoing appropriation item 235-549, Part-time Student 81,275
Instructional Grants, shall be used to support a grant program 81,276
for part-time undergraduate students who are Ohio residents and 81,277
who are enrolled in degree granting programs. 81,278
1781
Eligibility for participation in the program shall include 81,281
degree granting educational institutions that hold a certificate 81,282
of registration from the State Board of Proprietary School 81,283
Registration, and nonprofit institutions that have a certificate 81,284
of authorization issued pursuant to Chapter 1713. of the Revised 81,285
Code, as well as state-assisted colleges and universities. 81,286
Grants shall be given to students on the basis of need, as 81,287
determined by the college, which will, in making these
determinations, give special consideration to single-parent 81,288
heads-of-household and displaced homemakers who enroll in an 81,289
educational degree program that prepares the individual for a 81,290
career. In determining need, the college also shall consider the 81,291
availability of educational assistance from a student's employer. 81,293
It is the intent of the General Assembly that these grants not 81,294
supplant such assistance.
Section 98.08. Capitol Scholarship Programs 81,296
Of the foregoing appropriation item 235-518, Capitol 81,298
Scholarship Programs, $200,000 shall be used to provide one 81,300
hundred scholarships in each fiscal year in the amount of $2,000 81,301
each for students enrolled in Ohio's public and private
institutions of higher education to participate in the Washington 81,302
Center Internship Program. The scholarships shall be matched by 81,303
the Washington Center's scholarship funds. 81,304
Of the foregoing appropriation item 235-518, Capitol 81,306
Scholarship Programs, $275,000 in fiscal year 1998 shall be used 81,307
by the Ray C. Bliss Institute of Applied Politics at the 81,308
University of Akron to endow scholarships for students enrolled 81,309
in the institute's internship program. The internship program
shall be used to provide up to four interns per academic semester 81,310
to the General Assembly. 81,311
Student Choice Grants 81,313
The foregoing appropriation item 235-531, Student Choice 81,315
Grants, shall be used to support the Student Choice Grant Program 81,316
created by section 3333.27 of the Revised Code. 81,317
1782
Academic Scholarships 81,319
Notwithstanding the provision in section 3333.22 of the 81,321
Revised Code requiring the annual amount of a scholarship for a 81,322
scholar to be $2,000, in lieu of that amount the annual 81,323
scholarship amount awarded to any scholar who received a 81,324
scholarship for the 1994-1995 academic year shall be $1,000 for 81,325
any academic year for which the scholar is eligible for a 81,326
scholarship under section 3333.22 of the Revised Code. 81,327
Teacher Education Loan Program 81,329
The foregoing appropriation item 235-601, Teacher Education 81,331
Loan Program, shall be used for the operating expenses associated 81,332
with the administration of the Teacher Education Loan Program and 81,333
the Paul Douglas Scholarship program as referenced in 20 U.S.C. 81,334
1111 et. seq. 81,335
Physician Loan Repayment 81,337
The foregoing appropriation item 235-604, Physician Loan 81,339
Repayment, shall be used in accordance with sections 3702.71 81,340
through 3702.81 of the Revised Code. 81,341
Nursing Loan Program 81,343
The foregoing appropriation item 235-606, Nursing Loan 81,345
Program, shall be used to administer the nurse education 81,346
assistance program. Up to $140,731 in fiscal year 1998 and 81,347
$144,569 in fiscal year 1999 may be used for operating expenses 81,348
associated with the program. Any additional funds needed for the 81,349
administration of the program are subject to Controlling Board 81,350
approval. 81,351
Section 98.09. General Revenue Fund Appropriations for 81,353
Instructional Subsidies, Cooperative Extension Service, and 81,354
Agricultural Research and Development Center 81,355
The amounts appropriated for instructional subsidy payments 81,357
to institutions, appropriation item 235-511, Cooperative 81,358
Extension Service, and appropriation item 235-535, Agricultural 81,359
Research and Development Center, are the maximum amounts of 81,360
General Revenue Fund moneys available for distribution to 81,361
1783
colleges and universities for current operations, including costs 81,362
resulting from collective bargaining agreements under Chapter 81,363
4117. of the Revised Code. 81,364
Cooperative Extension Service 81,366
Of the foregoing appropriation item 235-511, Cooperative 81,368
Extension Service, $202,101 in fiscal year 1998 and $206,952 in 81,369
fiscal year 1999 shall be used for additional staffing for county 81,370
agents for expanded 4-H activities. Of the foregoing 81,371
appropriation item 235-511, Cooperative Extension Service, 81,372
$202,101 in fiscal year 1998 and $206,952 in fiscal year 1999 81,373
shall be used by the Cooperative Extension Service, through the 81,374
Enterprise Center for Economic Development in cooperation with 81,375
other agencies, for a public-private effort to create and operate 81,376
a small business economic development program to enhance the 81,377
development of alternatives to the growing of tobacco, and 81,378
implement through applied research and demonstration, the 81,379
production and marketing of other high value crops and 81,380
value-added products. Of the foregoing appropriation item 81,381
235-511, Cooperative Extension Service, $65,000 in each fiscal 81,382
year shall be used for farm labor mediation and education 81,383
programs. Of the foregoing appropriation item 235-511, 81,384
Cooperative Extension Service, $205,200 in fiscal year 1998 and 81,385
$210,125 in fiscal year 1999 shall be used to support the Ohio 81,386
State University Marion Enterprise Center.
Agricultural Research and Development Center 81,388
Of the foregoing appropriation item 235-535, Agricultural 81,390
Research and Development Center, $907,446 in fiscal year 1998 and 81,391
$929,225 in fiscal year 1999 shall be distributed to the Piketon 81,392
Agricultural Research and Extension Center. 81,393
Of the foregoing appropriation item 235-535, Agricultural 81,395
Research and Development Center, $146,000 in each fiscal year 81,396
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 81,397
Research program at the Ohio State University Medical College in 81,398
cooperation with the Ohio State University College of 81,399
1784
Agriculture.
Of the foregoing appropriation item 235-535, Agricultural 81,401
Research and Development Center, $400,000 in fiscal year 1998 81,402
shall be distributed to the Rural-Urban Center for Alternative 81,403
Resolutions at Ohio State University.
Cooperative Extension Service and Agricultural Research and 81,406
Development Center
The foregoing appropriation items 235-511, Cooperative 81,408
Extension Service, and 235-535, Agricultural Research and 81,409
Development Center, shall be disbursed through the Ohio Board of 81,410
Regents to the Ohio State University in monthly payments, unless 81,411
otherwise determined by the Director of Budget and Management 81,412
pursuant to the provisions of section 126.09 of the Revised Code. 81,414
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $515,000 in fiscal year 1998 and 81,415
$527,000 in fiscal year 1999 shall be used to purchase equipment, 81,416
and $83,986 in fiscal year 1998 shall be used to purchase a 81,417
freeze dryer for ongoing work with neutraceuticals. 81,418
The Ohio Agricultural Research and Development Center shall 81,420
not be required to remit payment to The Ohio State University 81,421
during the 1997-1999 biennium for cost reallocation assessments. 81,423
The cost reallocation assessments include, but are not limited 81,424
to, any assessment on state appropriations to the center. 81,425
Section 98.10. Sea Grants 81,427
The foregoing appropriation item 235-402, Sea Grants, shall 81,429
be disbursed to The Ohio State University. The funds from this 81,430
item shall be used to conduct research on fish in Lake Erie. 81,431
Information System 81,433
The foregoing appropriation item 235-409, Information 81,435
System, shall be used by the Board of Regents to revise the 81,436
higher education data system known as the Uniform Information 81,437
System. In each fiscal year, up to $1,400,000 shall be reserved 81,438
for Board of Regents' agency operations to manage the revision of
the information system. The remainder of the appropriations 81,439
1785
shall be reserved for distribution to participating 81,440
state-assisted and independent colleges and universities to 81,441
assist campuses in complying with new reporting procedures and
deadlines. 81,442
Discovery Project 81,444
The foregoing appropriation item 235-481, Discovery 81,446
Project, shall be used to create a consortium between Miami 81,447
University and The Ohio State University which builds on the 81,448
success of the original discovery project, which was funded with 81,449
state funds and a National Science Foundation grant. The 81,450
consortium shall provide funding to support Project Sustain at 81,451
The Ohio State University. It shall also continue and expand the 81,452
collaborative efforts between the colleges of arts and sciences 81,453
and the colleges of education within Ohio's universities, for the 81,454
purpose of retraining current teachers, and for creating new 81,455
teacher preparation programs in the areas of science and 81,456
mathematics. 81,457
Student Services 81,459
The foregoing appropriation item 235-502, Student Services, 81,461
shall be distributed by the Board of Regents to Ohio's 81,462
state-assisted colleges and universities that incur 81,463
disproportionate costs in the provision of support services to 81,464
disabled students.
Central State Supplement 81,466
Central State University's fiscal year 1998 and fiscal year 81,468
1999 capital appropriations shall not exceed the amounts 81,469
determined by the Board of Regents' capital allocation formula. 81,471
Shawnee State Supplement 81,473
The foregoing appropriation item 235-520, Shawnee State 81,475
Supplement, shall be used by Shawnee State University as detailed 81,476
by both of the following: 81,477
(A) To allow Shawnee State University to keep its 81,479
undergraduate fees below the statewide average, consistent with 81,480
its mission of service to an economically depressed Appalachian 81,481
1786
region;
(B) To allow Shawnee State University to employ new 81,483
faculty to develop and teach in new degree programs that meet the 81,484
needs of Appalachians.
Police and Fire Protection 81,486
The foregoing appropriation item 235-524, Police and Fire 81,488
Protection, shall be used for police and fire services in the 81,489
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 81,490
Portsmouth, Xenia Township (Greene County), and Rootstown 81,491
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 81,492
the state-affiliated university located therein. Each 81,493
participating municipality and township shall receive at least 81,494
five thousand dollars per year. Funds shall be distributed by 81,495
the Ohio Board of Regents.
School of International Business 81,497
The foregoing appropriation item, 235-547, School of 81,499
International Business, shall be used for the continued 81,500
development and support of the School of International Business 81,501
of the state universities of northeast Ohio. The money shall go 81,502
to the University of Akron. These funds shall be used by the
university to establish a School of International Business 81,503
located at the University of Akron. They may confer with the 81,504
Kent State University, Youngstown State University, and Cleveland 81,505
State University as to the curriculum and other matters regarding 81,506
the school.
Capital Component 81,508
The foregoing appropriation item 235-552, Capital 81,510
Component, shall be used by the Ohio Board of Regents to 81,511
implement the capital funding policy for state-assisted colleges 81,512
and universities established in Am. H.B. 748 of the 121st General 81,513
Assembly. Appropriations from this item shall be distributed to
all campuses for which the estimated campus debt service 81,514
attributable to new qualifying capital projects in Am. H.B. 748 81,515
1787
of the 121st General Assembly is less than the campus' 81,516
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated 81,517
campus debt service attributable to new qualifying capital 81,518
projects in Am. H.B. 748 of the 121st General Assembly from 81,519
campus formula-determined capital component allocation. Moneys 81,520
distributed from this appropriation item shall be restricted to 81,521
capital-related purposes.
Dayton Area Graduate Studies Institute 81,523
The foregoing appropriation item 235-553, Dayton Area 81,525
Graduate Studies Institute, shall be used by the Ohio Board of 81,526
Regents to support the Dayton Area Graduate Studies Institute, an 81,527
engineering graduate consortium of three universities in the 81,528
Dayton area - Wright State University, The University of Dayton, 81,529
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and the Ohio State 81,530
University.
Priorities in Graduate Education 81,532
The foregoing appropriation item 235-554, Priorities in 81,534
Graduate Education, shall be used by the Ohio Board of Regents to 81,535
support improvements in graduate programs in computer science at 81,536
state-assisted universities. In each fiscal year, up to $200,000 81,537
may be used to support collaborative efforts in graduate
education in this program area. 81,538
Increasing the Participation of Ohio Residents in Graduate 81,540
Programs
By December 31, 1997, the Board of Regents shall submit a 81,542
plan on significantly increasing the numbers and percentages of 81,543
Ohio residents participating in masters and doctoral programs in 81,544
state-assisted universities. The report shall include 81,545
recommendations for not sacrificing the quality of the graduate 81,546
programs and preparing Ohio residents for entrance and success in
the graduate programs. The report shall be submitted to the 81,547
President of the Senate or a designee, the Speaker of the House 81,548
1788
of Representatives or a designee, the Director of Budget and 81,549
Management, and the Legislative Budget Officer. 81,550
Long-Term Care Research 81,552
The foregoing appropriation item 235-558, Long-Term Care 81,554
Research, shall be disbursed to Miami University for long-term 81,555
care research.
BGSU Canadian Studies Center 81,557
The foregoing appropriation item 235-561, BGSU Canadian 81,559
Studies Center, shall be used by the Canadian Studies Center at 81,560
Bowling Green State University, in conjunction with the 81,561
International Trade Division of the Department of Development, to 81,562
study opportunities for Ohio and Ohio businesses to benefit from 81,563
the Free Trade Agreement between the United States and Canada. 81,564
Urban University Programs 81,566
Of the foregoing appropriation item 235-583, Urban 81,568
University Programs, universities receiving funds which are used 81,570
to support an ongoing university unit must certify periodically 81,571
in a manner approved by the Ohio Board of Regents that program 81,572
funds are being matched on a one-to-one basis with equivalent 81,573
resources. Overhead support may not be used to meet this 81,574
requirement. Where Urban University Program funds are being used 81,575
to support an ongoing university unit, matching funds must come 81,576
from continuing rather than onetime sources. At each 81,577
participating state-assisted institution of higher education, 81,578
matching funds must be within the substantial control of the 81,579
individual designated by the institution's President as the Urban 81,580
University Program representative. 81,581
Of the foregoing appropriation item 235-583, Urban 81,583
University Programs, $500,000 in fiscal year 1999 shall be used 81,584
to support the Central Hower High School-University of Akron 81,585
Teacher pilot program.
Of the foregoing appropriation item 235-583, Urban 81,587
University Programs, $361,152 in fiscal year 1998 and $369,820 in 81,588
fiscal year 1999 shall be used to support a public communication 81,589
1789
outreach program (WCPN). The granting of these funds shall be 81,590
conditional upon the establishment and maintenance by the
receiving entity of levels and schedules of ethnic programming as 81,591
existed prior to January 1997. The primary purpose of the 81,592
program shall be to develop a relationship between Cleveland 81,593
State University and nonprofit communications entities. 81,594
Of the foregoing appropriation item 235-583, Urban 81,596
University Programs, $176,800 in each fiscal year shall be used 81,597
to support the Center for the Interdisciplinary Study of 81,598
Education and the Urban Child at Cleveland State University. 81,600
These funds shall be distributed according to rules adopted by 81,601
the Ohio Board of Regents and shall be used by the center for 81,602
interdisciplinary activities targeted toward increasing the 81,603
chance of lifetime success of the urban child, including 81,604
interventions beginning with the prenatal period. The primary 81,605
purpose of the center is to study issues in urban education and 81,606
to systematically map directions for new approaches and new 81,607
solutions by bringing together a cadre of researchers, scholars, 81,608
and professionals representing the social, behavioral, education 81,609
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 81,611
University Program, $51,500 in fiscal year 1998 and $97,850 in 81,612
fiscal year 1999 shall be used for a pilot post-secondary 81,613
enrollment options project involving the University of Toledo and 81,614
Springfield High School. The purpose of the pilot project is to
enable students who otherwise might not take advantage of the 81,615
existing post-secondary enrollment options program, due to 81,616
transportation problems, involvement in extracurricular 81,617
activities, or not being ready for a large campus environment, to 81,618
participate in post-secondary coursework. Post-secondary courses
shall be offered at Springfield High School, at another high 81,619
school to be designated by the Toledo Board of Education, and at 81,620
University of Toledo off-campus sites during the academic year 81,621
including summer session. The funds shall be used to provide a 81,622
1790
total of ten courses during fiscal year 1998 and 16 courses
during fiscal year 1999. 81,623
Of the remainder of the appropriations, 50 per cent of the 81,625
total in each fiscal year shall be distributed by the Ohio Board 81,626
of Regents to Cleveland State University in support of the Urban 81,627
Center of the College of Urban Affairs. The balance of the 81,628
appropriations to this item shall be distributed to the Northeast 81,629
Ohio Interinstitutional Research Program, the Urban Linkages 81,630
Program, and the Urban Research Technical Assistance Grant 81,631
Program. 81,632
Ohio University Innovation Center 81,634
The foregoing appropriation item 235-585, Ohio University 81,636
Innovation Center, shall be disbursed to Ohio University to 81,637
support the continuation of the existing program. 81,638
International Center for Water Resources Development 81,640
The foregoing appropriation item 235-595, International 81,642
Center for Water Resources Development, shall be disbursed 81,643
through the Ohio Board of Regents to Central State University in 81,644
monthly payments, unless otherwise determined by the Director of 81,645
Budget and Management pursuant to the provisions of section
126.09 of the Revised Code. Funds from this account shall be 81,646
used to support the International Center for Water Resources 81,647
Development at Central State University. This center shall 81,648
develop methods to improve the management of water resources for 81,649
Ohio and for emerging nations.
Rural University Projects 81,651
Of the foregoing appropriation item 235-587, Rural 81,653
University Projects, Bowling Green State University shall receive 81,654
$150,000 in each fiscal year and Miami University shall receive 81,655
$230,000 in each fiscal year. Ohio University shall receive 81,657
$525,000 in each fiscal year of the 1997-1999 biennium. These
funds shall be used to support the Institute for Local Government 81,659
Administration and Rural Development at Ohio University, the 81,660
Center for Public Management and Regional Affairs at Miami 81,661
1791
University, and the public administration program at Bowling 81,662
Green State University.
A small portion of the funds provided to Ohio University 81,665
shall be used to establish a satellite office of the Institute 81,666
for Local Government Administration and Rural Development at 81,667
Shawnee State University. A small portion of the funds provided 81,668
to Ohio University shall also be used for the Institute for Local 81,669
Government Administration and Rural Development State and Rural 81,670
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 81,671
Of the foregoing appropriation item 235-587, Rural 81,673
University Projects, $100,000 shall be disbursed to Washington 81,674
State Community College in fiscal year 1998 for athletic facility 81,675
planning.
Hazardous Materials Program 81,677
The foregoing appropriation item 235-596, Hazardous 81,679
Materials Program, shall be disbursed to Cleveland State 81,680
University for the operation of a program to certify firefighters 81,681
for the handling of hazardous materials. Training shall be 81,682
available to all Ohio firefighters.
Ohio Higher Education Facilities Commission Support 81,684
The foregoing appropriation item 235-602, HEFC 81,686
Administration, shall be used by the Board of Regents for 81,687
operating expenses related to the Board of Regents' support of 81,688
the activities of the Ohio Higher Education Facilities 81,689
Commission. Upon the request of the Chancellor, the Director of 81,690
Budget and Management shall transfer up to $12,000 cash from Fund 81,691
461 to Fund 4E8 in each fiscal year of the biennium. 81,692
Reading Recovery Program* 81,694
Notwithstanding section 3319.23 of the Revised Code, all 81,696
state-assisted colleges and universities with teacher education 81,697
programs shall provide instruction in the Reading Recovery 81,698
Program. 81,699
Articulation and Transfer 81,701
1792
The foregoing appropriation item 235-406, Articulation and 81,703
Transfer, shall be used to implement the Articulation and 81,704
Transfer policy. 81,705
Enrollment Auditing* 81,707
The Ohio Board of Regents shall conduct enrollment audits 81,709
of state-supported institutions of higher education. 81,710
Section 98.11.* Faculty Workload Policy 81,712
Notwithstanding section 3345.45 of the Revised Code, any 81,714
collective bargaining agreement in effect on the effective date 81,715
of Am. Sub. H.B. 152 of the 120th General Assembly shall continue 81,716
in effect until its expiration date. 81,717
Section 98.12. Repayment of Research Facility Investment 81,719
Fund Moneys
Notwithstanding any provision of law to the contrary, all 81,721
repayments of Research Facility Investment Fund loans shall be 81,722
made to the Bond Serice Trust Fund. All Research Facility 81,723
Investment Fund loan repayments made prior to the effective date 81,724
of this act shall be transferred by the Director of Budget and
Management to the Bond Service Trust Fund within sixty days of 81,725
the effective date of this section. 81,726
Campuses are required to make timely repayments of Research 81,728
Facility Investment fund loans, according to the schedule 81,729
established by the Board of Regents. In the case of late 81,730
payments, the Board of Regents is authorized to deduct from an 81,731
institution's periodic subsity distribution an amount equal to
the amount of the overdue payment for that institution, transfer 81,732
such amount to the Bond Service Trust Fund, and credit the 81,733
appropriate institution for the repayment. 81,734
Veterans' Preference 81,736
The Board of Regents shall work with the Governor's Office 81,738
of Veterans' Affairs to develop specific veterans' preference 81,739
guidelines for higher education institutions. These guidelines 81,740
shall ensure that the institutions' hiring practices are in 81,741
accordance with the intent of Ohio's veterans' preference laws. 81,742
1793
Section 98.13. Commission on Public Legal Education 81,745
(A) As used in this section, "Action Plan" means the 81,747
"Action Plan for Public Legal Education in Ohio" adopted by the 81,748
Ohio Board of Regents in July 1996. 81,749
(B)(1) There is hereby created the Commission on Public 81,751
Legal Education, consisting of ten members. One member shall be 81,752
a judge of the Supreme Court, appointed by the Chief Justice; one 81,753
member shall be a member of the Senate, appointed by the 81,754
President of the Senate; one member shall be a member of the 81,755
House of Representatives, appointed by the Speaker of the House 81,756
of Representatives; one member shall be a member of the Ohio 81,757
State Bar Association, appointed by the President of that 81,758
Association; one member shall be a member of the Ohio Board of 81,759
Regents, appointed by the Chairperson of that Board; and each of 81,760
the remaining five members shall be the dean of one of the five 81,761
state-supported law schools, or the dean's designee. 81,762
(2) Members of the Commission shall be appointed not later 81,764
than November 1, 1997. The member appointed by the Chief Justice 81,765
of the Supreme Court shall convene an organizational meeting not 81,766
later than two weeks after all appointments to the Commission 81,767
have been made. The Commission may elect its own chairperson. 81,768
(3) The Ohio Board of Regents shall provide office space 81,770
and support staff for the Commission to carry out its duties 81,771
under this section. Members of the Commission shall serve 81,772
voluntarily and shall not receive compensation or reimbursement 81,773
of expenses for serving as a member. 81,774
(C) Notwithstanding section 3333.04 of the Revised Code, 81,776
the Commission shall do all of the following: 81,777
(1) Review and evaluate the Action Plan and determine what 81,779
parts of the Plan, if any, are necessary to sufficiently protect 81,780
the public interest to ensure quality legal education in this 81,781
state; 81,782
(2) Review the accreditation standards and requirements 81,784
imposed on law schools by the American Bar Association and the 81,785
1794
Association of American Law Schools and standards and 81,786
requirements imposed on law schools by the Ohio Supreme Court to 81,787
determine whether these standards and requirements sufficiently 81,788
protect the public interest to ensure quality legal education in 81,789
this state; 81,790
(3) If, after reviewing and evaluating the Action Plan 81,792
under division (C)(1) of this section, the Commission finds that 81,793
any or all of the Plan is not necessary to sufficiently protect 81,794
the public interest, report that finding. If the Commission 81,795
determines that the standards and requirements described in 81,796
division (C)(2) of this section do not sufficiently protect the 81,797
public interest, it shall determine what standards and 81,798
requirements should be imposed or removed in order to protect the 81,800
public interest. The Commission shall recommend whatever changes 81,801
in the Action Plan or the standards and requirements it
determines are necessary. 81,802
(4) Submit a report of its findings and recommendations to 81,804
the Education Committees of the Senate and the House of 81,805
Representatives not later than May 1, 1998. 81,806
(D) Notwithstanding section 3333.04 of the Revised Code, 81,808
the dates for implementing the Action Plan shall be delayed until 81,809
the General Assembly acts upon the recommendations in the report 81,810
submitted under division (C)(4) of this section. 81,811
(E) The Commission shall cease to exist on May 2, 1998, or 81,813
after submitting its report under division (C)(4) of this 81,814
section, whichever occurs sooner. 81,815
Section 98.14. The Ohio Board of Regents shall survey all 81,817
state universities listed in section 3345.011 of the Revised 81,818
Code, and all private colleges and universities issued a 81,820
certificate of authorization under Chapter 1713. of the Revised
Code, to (A) determine their current capacity to educate and 81,821
train speech-language pathologists and audiologists and (B) 81,822
develop strategies for increasing that capacity to meet the 81,824
state's need for school speech-language pathologists and
1795
audiologists. Not later than December 31, 1998, the Board shall 81,826
submit to the Governor, the Speaker of the House of 81,827
Representatives, and the President of the Senate a report of its
findings and recommendations. 81,828
Section 98.15. Within one year of the effective date of 81,830
this section, the Board of Regents shall issue to the 81,831
chairpersons and ranking minority members of the House of 81,832
Representatives and Senate Finance Committees a report on how to 81,833
phase in a reduction of instructional subsidies to foreign, 81,834
subsidy-eligible full-time equivalent students at all 81,835
state-assisted universities. 81,836
Section 98.16. (A)(1) Central State University shall 81,838
remain in a state of fiscal exigency as declared by its Board of 81,839
Trustees in fiscal years 1998 and 1999. All remaining debt of 81,841
Central State University shall be paid with the appropriations 81,842
made for such purpose under this act. 81,843
(2) Not later than June 30, 1998, the Board of Trustees of 81,846
Central State University shall submit a plan to the Board of 81,847
Regents for phasing out all academic programs that cannot 81,848
reasonably be contained within the purview of either the 81,849
University's College of Business, College of Education, or 81,850
College of Arts and Sciences. In addition, the Board of Trustees 81,853
shall reduce the number of faculty employed by Central State 81,854
University to a level needed to support such academic programs, 81,855
and shall not enter into any collective bargaining agreement 81,856
after July 1, 1997, unless the agreement is consistent with, and 81,857
appropriate for providing, such academic programs, and with 81,858
budget projections for the University.
(3) Central State University shall do all of the 81,860
following:
(a) Raise its admission standards for freshmen entering 81,862
after July 1, 1998; 81,863
(b) Reduce its student attrition rate to a level agreed 81,865
upon by the Board of Regents and the Board of Trustees of the 81,866
1796
University; 81,867
(c) Gain reaccreditation from the North Central 81,869
Accrediting Agency; 81,870
(d) Seek funds to rebuild the University's endowment fund 81,872
to a level that at least meets fund level targets appropriate for 81,873
institutions of comparable size to the University; 81,874
(e) Implement a system for alumni donations that at least 81,876
meets donation targets appropriate for institutions of comparable 81,877
size to the University; 81,878
(f) Reduce its cohort default rate for student loans. 81,880
(4) Central State University shall not expend any private 81,882
or public funds for University sponsorship of, or participation 81,883
in, intercollegiate sports activities for which the University 81,884
was under sanction as of June 1, 1997, by the National 81,885
Association of Intercollegiate Athletics. In addition, the 81,886
University shall reduce expenditures for all other 81,887
intercollegiate sports activities the University sponsors, or 81,888
participates in, to a maximum of the fiscal year 1997 expenditure 81,889
levels for those activities. 81,890
(B) The Director of Budget and Management shall maintain a 81,892
financial supervisor at Central State University to monitor 81,893
adherence to the University's Fiscal Recovery Plan and to advise 81,894
the Director of the financial status of the University. The 81,895
financial supervisor shall during fiscal year 1998 prepare 81,896
quarterly reports on the progress of the University in 81,897
implementing its Fiscal Recovery Plan. Within ten days after the 81,899
end of each month, Central State University shall prepare a
payables report delineating by fund and vendor all outstanding 81,900
payables owed by the University. A comparative analysis by month 81,902
shall be presented with the rationale provided for the variances 81,903
reflected for changes from the previous month.
(C) Effective July 1, 1999, Central State University shall 81,906
be subject to all of the requirements of section 3345.72 of the 81,907
Revised Code as if the University was declared to be in a state 81,908
1797
of fiscal watch as provided under that section.
(D) It is the intent of the General Assembly that if 81,910
Central State University fails to comply with any requirement of 81,911
this section or section 3345.70 of the Revised Code, the Board of 81,912
Regents shall thereupon develop and implement a plan for the 81,913
closure of such University. 81,914
Section 99. DRC DEPARTMENT OF REHABILITATION AND 81,916
CORRECTION 81,917
General Revenue Fund 81,919
GRF 501-321 Institutional 81,921
Operations $ 607,925,735 $ 674,720,985 81,923
GRF 501-403 Prisoner Compensation $ 8,946,621 $ 9,407,745 81,927
GRF 501-405 Halfway House $ 28,045,971 $ 31,267,488 81,931
GRF 501-406 Lease Rental Payments $ 106,755,000 $ 115,921,000 81,935
GRF 501-407 Community 81,937
Nonresidential
Programs $ 15,651,921 $ 16,277,998 81,939
GRF 501-408 Community Misdemeanor 81,941
Programs $ 6,589,325 $ 7,380,044 81,943
GRF 501-501 Community Residential 81,945
Programs-CBCF $ 35,484,863 $ 41,796,733 81,948
GRF 502-321 Mental Health 81,950
Services $ 59,774,370 $ 64,632,914 81,952
GRF 503-321 Parole and Community 81,954
Operations $ 58,887,887 $ 66,403,197 81,956
GRF 504-321 Administrative 81,958
Operations $ 25,448,388 $ 26,211,841 81,960
GRF 505-321 Institution Medical 81,962
Services $ 106,388,657 $ 112,517,086 81,964
GRF 506-321 Institution Education 81,966
Services $ 20,493,627 $ 20,809,827 81,968
GRF 507-321 Institution Recovery 81,970
Services $ 4,558,348 $ 6,213,197 81,972
TOTAL GRF General Revenue Fund $1,084,950,713 $1,193,560,055 81,975
1798
General Services Fund Group 81,977
4B0 501-601 Penitentiary Sewer 81,980
Treatment Services $ 1,254,283 $ 1,352,372 81,982
4D4 501-603 Prisoner Programs $ 14,998,249 $ 15,386,398 81,986
4J3 501-612 Community Mental 81,988
Health and Substance
Abuse Treatment $ 1,264,649 $ 1,300,060 81,990
4L4 501-604 Furlough Services $ 346,542 $ 355,899 81,994
4S5 501-608 Education Services $ 891,903 $ 916,050 81,998
483 501-605 Property Receipts $ 579,849 $ 594,345 82,002
571 501-606 Training Academy 82,004
Receipts $ 3,961,263 $ 4,356,448 82,006
TOTAL GSF General Services 82,007
Fund Group $ 23,296,738 $ 24,261,572 82,010
Federal Special Revenue Fund Group 82,012
323 501-619 Federal Grants $ 6,134,200 $ 6,134,200 82,017
TOTAL FED Federal Special Revenue 82,018
Fund Group $ 6,134,200 $ 6,134,200 82,021
Intragovernmental Service Fund Group 82,024
148 501-602 Services and 82,027
Agricultural $ 100,354,176 $ 108,003,887 82,029
200 501-607 Ohio Penal Industries $ 50,855,491 $ 51,759,204 82,033
TOTAL ISF Intragovernmental 82,034
Service Fund Group $ 151,209,667 $ 159,763,091 82,037
TOTAL ALL BUDGET FUND GROUPS $1,265,591,318 $1,383,718,918 82,040
Section 99.01. Privately-Operated Prison 82,043
With regard to the prison currently under construction near 82,045
the City of Conneaut in Ashtabula County, the Department of 82,046
Rehabilitation and Correction shall take all necessary steps to 82,047
ensure that the following occur in fiscal year 1999: (A) its 82,048
construction is completed in a timely fashion; and (B)
subsequent to completion of its construction, there will be 82,049
sufficient funding available to promptly privatize its management 82,050
and operation.
1799
Ohio Building Authority Lease Payments 82,052
Appropriations to the Department of Rehabilitation and 82,054
Correction from the General Revenue Fund include $222,676,000 for 82,055
the biennium for appropriation item 501-406, Lease Rental 82,056
Payments. This appropriation shall be used for payments to the 82,057
Ohio Building Authority for the period July 1, 1997 to June 30, 82,058
1999, pursuant to the primary leases and agreements for those 82,059
buildings made under Chapter 152. of the Revised Code which are 82,060
the source of funds pledged for bond service charges on related 82,061
obligations issued pursuant to Chapter 152. of the Revised Code. 82,062
Prisoner Compensation 82,064
Money from the foregoing appropriation item 501-403, 82,066
Prisoner Compensation, shall be transferred on a quarterly basis 82,067
by intrastate transfer voucher to Fund 148, appropriation item 82,068
501-602, Services and Agricultural, for the purposes of paying 82,069
prisoner compensation. 82,070
Halfway House 82,072
Of the foregoing appropriation item 501-405, Halfway House, 82,074
$75,000 in fiscal year 1998 shall be distributed to the Talbert 82,075
House Jobs Program.
Inmate Development Program 82,077
Of the foregoing appropriation item 503-321, Parole and 82,079
Community Operations, at least $30,000 in each fiscal year shall 82,080
be used for an inmate development program. 82,081
Community Mental Health and Substance Abuse Treatment 82,083
There is hereby created in the state treasury the Community 82,085
Mental Health and Substance Abuse Treatment Fund (Fund 4J3), to 82,086
be administered by the Department of Rehabilitation and 82,087
Correction. This fund shall consist of moneys transferred from 82,088
the Department of Mental Health, as well as any moneys
transferred from appropriation items within the Department of 82,089
Rehabilitation and Correction's budget as provided by this act. 82,090
The money in Fund 4J3 shall be used by the Department of 82,091
Rehabilitation and Correction to make grants to counties to 82,092
1800
coordinate, evaluate, and support mental health and substance
abuse treatment for persons under the jurisdiction of the adult 82,093
criminal justice system and to pay expenses of the Department of 82,094
Rehabilitation and Correction incurred in administering the grant 82,095
program, including the costs of an annual conference for the 82,096
participating counties to share information and do program 82,097
planning.
Of the foregoing appropriation item 501-407, Community 82,099
Nonresidential Programs, up to $591,000 in each fiscal year may 82,100
be transferred to appropriation item 501-612, Community Mental 82,101
Health and Substance Abuse Treatment (Fund 4J3). 82,102
Section 100. RSC REHABILITATION SERVICES COMMISSION 82,104
General Revenue Fund 82,106
GRF 415-100 Personal Services $ 6,974,196 $ 7,147,615 82,111
GRF 415-401 Personal Care 82,113
Assistance $ 778,680 $ 778,680 82,115
GRF 415-402 Independent Living 82,117
Council $ 270,600 $ 396,218 82,119
GRF 415-403 Mental Health 82,121
Services $ 750,000 $ 750,000 82,123
GRF 415-404 MR/DD Services $ 1,286,281 $ 1,318,438 82,126
GRF 415-405 Vocational 82,128
Rehabilitation/Human
Services $ 561,450 $ 561,450 82,130
GRF 415-431 Office for People 82,132
with Head Injury $ 192,672 $ 195,452 82,134
GRF 415-506 Case Services for 82,136
People with
Disabilities $ 10,865,916 $ 11,227,308 82,138
GRF 415-508 Services for People 82,140
who are Deaf $ 48,854 $ 48,854 82,142
GRF 415-509 Services for People 82,144
who are Elderly $ 365,567 $ 375,803 82,146
1801
GRF 415-520 Independent Living 82,148
Centers or Services $ 58,948 $ 60,716 82,150
TOTAL GRF General Revenue Fund $ 22,153,164 $ 22,860,534 82,153
General Services Fund Group 82,155
4W5 415-606 Indirect Costs $ 15,629,694 $ 16,307,149 82,160
467 415-609 Stand Concessions $ 1,571,770 $ 1,629,834 82,164
TOTAL GSF General Services 82,165
Fund Group $ 17,201,464 $ 17,936,983 82,168
Federal Special Revenue Fund Group 82,170
317 415-620 Disability 82,173
Determination $ 59,462,014 $ 61,382,614 82,175
3L1 415-601 Social Security 82,177
Personal Care
Assistance $ 3,027,000 $ 3,027,000 82,179
3L1 415-605 Social Security 82,181
Community Centers for
People who are Deaf $ 1,100,000 $ 1,100,000 82,183
3L1 415-607 Social Security 82,185
Administration Cost $ 123,292 $ 125,823 82,187
3L1 415-608 Social Security 82,189
Special
Programs/Assistance $ 1,330,981 $ 1,343,818 82,191
3L1 415-610 Social Security 82,193
Vocational
Rehabilitation $ 1,302,000 $ 1,302,000 82,195
3L1 415-614 Social Security 82,197
Independent Living $ 285,979 $ 285,979 82,199
3L4 415-611 Federal-Independent 82,201
Living Council $ 185,400 $ 190,962 82,203
3L4 415-612 Federal-Independent 82,205
Living Centers or
Services $ 530,532 $ 546,444 82,207
3L4 415-615 Federal - Supported 82,209
Employment $ 2,064,125 $ 2,110,656 82,211
1802
3L4 415-617 Federal Special 82,213
Vocational
Rehabilitation
Programs $ 494,453 $ 499,177 82,215
379 415-616 Federal-Vocational 82,217
Rehabilitation $ 105,202,487 $ 110,562,781 82,219
TOTAL FED Federal Special 82,220
Revenue Fund Group $175,108,263 $182,477,254 82,223
State Special Revenue Fund Group 82,225
4L1 415-619 Services for 82,227
Rehabilitation $ 1,800,000 $ 1,800,000 82,229
468 415-618 Third Party Funding $ 6,138,409 $ 6,191,365 82,233
TOTAL SSR State Special 82,234
Revenue Fund Group $ 7,938,409 $ 7,991,365 82,237
TOTAL ALL BUDGET FUND GROUPS $ 222,401,300 $ 231,266,136 82,240
Stand Concessions Fund--Crediting of Income 82,243
In crediting interest and other income earned on moneys 82,245
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 82,246
of State and Director of Budget and Management shall ensure that 82,247
the requirements of section 3304.35 of the Revised Code are met. 82,248
Personal Care Assistance 82,250
The foregoing appropriation item 415-401, Personal Care 82,252
Assistance, shall be used in addition to the federal Social 82,253
Security reimbursement funds used to provide personal care 82,254
assistance services. These funds shall not be used in lieu of 82,255
the Social Security reimbursement funds. 82,256
MR/DD Services 82,258
The foregoing appropriation item 415-404, MR/DD Services, 82,260
shall be used as state matching funds to provide vocational 82,261
rehabilitation services to mutually eligible clients between the 82,262
Rehabilitation Services Commission and the Ohio Department of 82,263
Mental Retardation and Developmental Disabilities. The 82,264
Rehabilitation Services Commission shall report to the Ohio 82,265
Department of Mental Retardation and Developmental Disabilities, 82,266
1803
as outlined in an interagency agreement, on the number and status 82,268
of mutually eligible clients and the status of the funds and 82,269
expenditures for these clients.
Vocational Rehabilitation/Human Services 82,271
The foregoing appropriation item 415-405, Vocational 82,273
Rehabilitation/Human Services, shall be used as state matching 82,274
funds to provide vocational rehabilitation services to mutually 82,275
eligible clients between the Rehabilitation Services Commission 82,276
and the Ohio Department of Human Services. The Rehabilitation 82,277
Services Commission shall report to the Ohio Department of Human 82,278
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 82,279
funds and expenditures for these clients. 82,280
Office for People with Head Injury 82,282
Of the foregoing appropriation item 415-431, Office for 82,284
People with Head Injury, $100,000 in each fiscal year shall be 82,285
used for the state match for a federal grant awarded through P.L. 82,286
104-166, The Traumatic Brain Injury Act. The remaining 82,287
appropriations in this item shall be used to plan and coordinate
head injury-related services provided by state agencies and other 82,289
government or private entities, to assess the needs for such 82,290
services and to set priorities in this area. 82,291
Services for People who are Deaf 82,293
The foregoing appropriation item 415-508, Services for 82,295
People who are Deaf, shall be used to supplement the federal 82,296
Social Security reimbursement funds used to provide grants to 82,297
community centers for the deaf. These funds shall not be used in 82,298
lieu of Social Security reimbursement funds. 82,299
Services for People who are Elderly 82,301
The foregoing appropriation item 415-509, Services for 82,303
People who are Elderly, shall be used as matching funds for 82,304
vocational rehabilitation services for eligible elderly citizens 82,305
with a disability. 82,306
Social Security Reimbursement Funds 82,308
1804
Reimbursement funds received from the Social Security 82,310
Administration, U.S. Department of Health and Human Services, for 82,311
the costs of providing services and training to return disability 82,312
recipients to gainful employment, shall be used in the Social 82,313
Security Reimbursement Fund (Fund 3L1), as follows: 82,315
(A) Appropriation item 415-601, Social Security Personal 82,317
Care Assistance, to provide personal care services in accordance 82,319
with section 3304.41 of the Revised Code.
(B) Appropriation item 415-605, Social Security Community 82,321
Centers for People who are Deaf, to provide grants to community 82,323
centers for the deaf in Ohio for services to individuals with 82,324
hearing impairments.
(C) Appropriation item 415-607, Social Security 82,326
Administrative Cost, to provide administrative services needed to 82,328
administer the Social Security reimbursement program. 82,329
(D) Appropriation item 415-610, Social Security Vocational 82,331
Rehabilitation, to provide vocational rehabilitation services to 82,333
individuals with severe disabilities to achieve a noncompetitive 82,334
employment goal such as homemaker.
(E) The foregoing appropriation item 415-614, Social 82,336
Security Independent Living, to cover projected shortfall in 82,337
federal funding for fiscal years 1998 and 1999. 82,338
(F) Appropriation item 415-608, Social Security Special 82,340
Programs/Assistance, to provide vocational rehabilitation 82,341
services to individuals with severe disabilities, who are Social 82,342
Security beneficiaries, to achieve competitive employment. This 82,343
item also includes funds to assist the Personal Care Assistance, 82,344
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 82,345
Circular A-87.
Indirect Costs 82,347
The foregoing appropriation item 415-606, Indirect Costs, 82,350
shall be used to support the administrative functions of the 82,351
commission related to the provision of vocational rehabilitation, 82,352
1805
disability determination services, and ancillary programs.
Independent Living Council 82,354
The foregoing appropriation items 415-402, Independent 82,356
Living Council, and 415-611, Federal-Independent Living Council, 82,357
shall be used to fund the operations of the State Independent 82,358
Living Council.
Mental Health Services 82,360
The foregoing appropriation item 415-403, Mental Health 82,362
Services, shall be used for the provision of vocational 82,363
rehabilitation services to mutually eligible consumers of the 82,364
Rehabilitation Services Commission and the Department of Mental 82,366
Health.
The Department of Mental Health shall receive a quarterly 82,368
report from the Rehabilitation Services Commission stating the 82,369
numbers served, numbers placed in employment, average hourly 82,371
wage, and average hours worked.
Independent Living Centers or Services 82,373
The foregoing appropriation items 415-520, Independent 82,375
Living Centers or Services, and 415-612, Federal-Independent 82,376
Living Centers or Services, shall be used to support state 82,378
independent living centers or independent living services 82,379
pursuant to Title VII-Independent Living Services and Centers for
Independent Living of the Rehabilitation Act Amendments of 1992, 82,380
106 Stat. 4344, 29 U.S.C.A. 796d. 82,381
Federal - Special Vocational Rehabilitation Programs 82,383
The foregoing appropriation item 415-617, Federal-Special 82,385
Vocational Rehabilitation Programs, shall be used to support 82,386
vocational rehabilitation programs including, but not limited to, 82,387
Projects with Industry and Training Grants. 82,388
Section 101. RCB RESPIRATORY CARE BOARD 82,390
General Services Fund Group 82,392
4K9 872-609 Operating $ 231,904 $ 236,401 82,397
TOTAL GSF General Services 82,398
Fund Group $ 231,904 $ 236,401 82,401
1806
TOTAL ALL BUDGET FUND GROUPS $ 231,904 $ 236,401 82,404
Section 102. REVENUE DISTRIBUTION FUNDS 82,406
Volunteer Firemen's Dependents Fund 82,408
085 800-900 Volunteer Firemen's 82,411
Dependents Fund $ 200,000 $ 200,000 82,413
TOTAL 085 Volunteer Firemen's 82,414
Dependents Fund $ 200,000 $ 200,000 82,417
Agency Fund Group 82,418
062 110-900 Resort Area Excise 82,420
Tax $ 250,000 $ 250,000 82,422
063 110-900 Permissive Tax 82,424
Distribution $1,124,200,000 $1,168,500,000 82,426
067 110-900 School District 82,428
Income Tax Fund $ 113,300,000 $ 130,300,000 82,430
4P8 001-698 Cash Management 82,432
Improvement Fund $ 1,800,000 $ 1,800,000 82,434
608 001-699 Investment Earnings $ 175,000,000 $ 175,000,000 82,438
TOTAL AGY Agency Fund Group $1,414,550,000 $1,475,850,000 82,441
International Fuel Tax Distribution Fund 82,443
R45 110-617 International Fuel 82,446
Tax Distribution $ 75,000,000 $ 75,000,000 82,448
TOTAL R45 International Fuel Tax $ 75,000,000 $ 75,000,000 82,451
Distribution Fund
Revenue Distribution Fund Group 82,452
049 038-900 Indigent Drivers 82,454
Alcohol Treatment $ 1,885,962 $ 1,885,962 82,456
050 762-900 International 82,458
Registration Plan
Distribution $ 37,275,000 $ 39,138,750 82,460
051 762-901 Auto Registration 82,462
Distribution Fund $ 445,000,000 $ 448,300,000 82,464
060 110-900 Gasoline Excise Tax 82,466
Fund $ 107,700,000 $ 110,900,000 82,468
1807
064 110-900 Local Government 82,470
Revenue Assistance $ 82,600,000 $ 86,000,000 82,472
065 110-900 Library/Local 82,474
Government Support
Fund $ 365,000,000 $ 383,800,000 82,476
066 960-900 Undivided Liquor 82,478
Permit Fund $ 12,900,000 $ 13,300,000 82,480
068 110-900 State/Local 82,482
Government Highway
Distribution Fund $ 217,600,000 $ 222,700,000 82,484
069 110-900 Local Government Fund $ 589,300,000 $ 614,200,000 82,488
082 CAS-900 Horse Racing Tax Fund $ 250,000 $ 250,000 82,492
083 700-900 Ohio Fairs Fund $ 2,850,000 $ 2,900,000 82,496
TOTAL RDF Revenue Distribution 82,497
Fund Group $1,862,360,962 $1,923,074,712 82,500
TOTAL ALL BUDGET FUND GROUPS $3,352,110,962 $3,474,124,712 82,503
Additional Appropriations 82,505
Appropriation line items in this section are for the 82,507
purpose of administering and distributing the designated revenue 82,508
distributions fund according to the Revised Code. If it is 82,509
determined that additional appropriations are necessary, such 82,510
amounts are hereby appropriated. 82,511
Section 103. SAN BOARD OF SANITARIAN REGISTRATION 82,513
General Services Fund Group 82,515
4K9 893-609 Operating $ 88,449 $ 94,536 82,520
TOTAL GSF General Services 82,521
Fund Group $ 88,449 $ 94,536 82,524
TOTAL ALL BUDGET FUND GROUPS $ 88,449 $ 94,536 82,527
Section 104. OSB OHIO STATE SCHOOL FOR THE BLIND 82,529
General Revenue Fund 82,531
GRF 226-100 Personal Services $ 4,925,292 $ 5,130,951 82,536
GRF 226-200 Maintenance $ 692,335 $ 676,533 82,540
GRF 226-300 Equipment $ 67,575 $ 69,534 82,544
TOTAL GRF General Revenue Fund $ 5,685,202 $ 5,877,018 82,547
1808
General Services Fund Group 82,549
4H8 226-602 Education Reform 82,552
Grants $ 41,615 $ 41,615 82,554
Total GSF General Services 82,555
Fund Group $ 41,615 $ 41,615 82,558
State Special Revenue Fund Group 82,560
4M5 226-601 Fees and Gifts $ 29,200 $ 29,200 82,565
TOTAL SSR State Special Revenue 82,566
Fund Group $ 29,200 $ 29,200 82,569
Federal Special Revenue Fund Group 82,571
310 226-626 Coordinating Unit $ 976,449 $ 976,449 82,575
TOTAL FED Federal Special 82,576
Revenue Fund Group $ 976,449 $ 976,449 82,579
TOTAL ALL BUDGET FUND GROUPS $ 6,732,466 $ 6,924,282 82,582
Section 105. OSD OHIO STATE SCHOOL FOR THE DEAF 82,584
General Revenue Fund 82,586
GRF 221-100 Personal Services $ 6,245,133 $ 6,465,025 82,591
GRF 221-200 Maintenance $ 918,097 $ 944,938 82,595
GRF 221-300 Equipment $ 151,543 $ 180,715 82,599
TOTAL GRF General Revenue Fund $ 7,314,773 $ 7,590,678 82,602
General Services Fund Group 82,604
4M1 221-602 Education Reform 82,607
Grants $ 39,867 $ 40,730 82,609
Total GSF General Services 82,610
Fund Group $ 39,867 $ 40,730 82,613
State Special Revenue Fund Group 82,615
4M0 221-601 Fees and Gifts $ 15,877 $ 16,430 82,620
TOTAL SSR State Special Revenue 82,621
Fund Group $ 15,877 $ 16,430 82,624
Federal Special Revenue Fund Group 82,626
311 221-625 Coordinating Unit $ 523,892 $ 527,921 82,631
TOTAL FED Federal Special 82,632
Revenue Fund Group $ 523,892 $ 527,921 82,635
TOTAL ALL BUDGET FUND GROUPS $ 7,894,409 $ 8,175,759 82,638
1809
Section 106. SOS SECRETARY OF STATE 82,641
General Revenue Fund 82,643
GRF 050-321 Operating Expenses $ 7,099,684 $ 6,728,197 82,648
GRF 050-403 Election Statistics $ 108,112 $ 119,738 82,652
GRF 050-407 Pollworker Training $ 95,000 $ 166,000 82,656
TOTAL GRF General Revenue Fund $ 7,302,796 $ 7,013,885 82,659
General Services Fund Group 82,661
413 050-601 Information Systems $ 170,000 $ 170,000 82,666
414 050-602 Citizen Education 82,668
Fund $ 72,300 $ 31,680 82,670
4B9 050-608 Campaign Finance 82,672
Diskette Sales $ 5,000 $ 5,000 82,674
4S8 050-610 Board of Voting 82,676
Machine Examiners $ 7,200 $ 7,200 82,678
TOTAL General Services Fund Group $ 254,500 $ 213,880 82,681
State Special Revenue Fund Group 82,683
599 050-603 Corporations/UCC $ 1,586,422 $ 1,603,975 82,688
TOTAL SSR State Special Revenue 82,689
Fund Group $ 1,586,422 $ 1,603,975 82,692
Holding Account Redistribution Group 82,694
R01 050-605 Uniform Commercial 82,697
Code Refunds $ 65,000 $ 65,000 82,699
R02 050-606 Corporate/Business 82,701
Filings Refunds $ 250,000 $ 250,000 82,703
TOTAL 090 Holding Account 82,704
Redistribution Fund Group $ 315,000 $ 315,000 82,707
TOTAL ALL BUDGET FUND GROUPS $ 9,458,718 $ 9,146,740 82,710
Board of Voting Machine Examiners 82,713
The foregoing appropriation item 050-610, Board of Voting 82,715
Machine Examiners, shall be used to pay for the services and 82,716
expenses of the members of the Board of Voting Machine Examiners, 82,717
and for other expenses which are authorized to be paid from the 82,718
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 82,719
1810
returned to the person or entity submitting the equipment for 82,720
examination. If it is determined that additional appropriations 82,721
are necessary, such amounts are hereby appropriated. 82,722
Holding Account Redistribution Group 82,724
The foregoing appropriation items 050-605 and 050-606, 82,726
Holding Account Redistribution Fund Group, shall be used to hold 82,727
revenues until they are directed to the appropriate accounts or 82,728
until they are refunded. If it is determined that additional 82,729
appropriations are necessary, such amounts are hereby 82,730
appropriated.
Section 107. SEN THE OHIO SENATE 82,732
General Revenue Fund 82,734
GRF 020-321 Operating Expenses $ 11,077,661 $ 11,299,214 82,739
TOTAL GRF General Revenue Fund $ 11,077,661 $ 11,299,214 82,742
General Services Fund Group 82,744
102 020-602 Senate Reimbursement $ 383,347 $ 391,014 82,749
409 020-601 Miscellaneous Sales $ 29,488 $ 30,078 82,753
TOTAL GSF General Services 82,754
Fund Group $ 412,835 $ 421,092 82,757
TOTAL ALL BUDGET FUND GROUPS $ 11,490,496 $ 11,720,306 82,760
Section 108. CSF COMMISSIONERS OF THE SINKING FUND 82,763
General Revenue Fund 82,765
GRF 155-900 Debt Service $ 19,711,000 $ 26,098,000 82,770
TOTAL GRF General Revenue Fund $ 19,711,000 $ 26,098,000 82,773
Debt Service Fund Group 82,775
071 155-900 Highway Obligations 82,778
Bond Retirement Fund $ 99,440,000 $ 70,547,000 82,780
072 155-900 Highway Capital 82,782
Improvements Bond
Retirement Fund $ 49,165,000 $ 77,906,000 82,784
076 155-900 Coal Research and 82,786
Development Bond
Retirement Fund $ 7,584,000 $ 8,346,000 82,788
1811
073 155-900 Natural Resources 82,790
Bond Retirement $ 12,127,000 $ 17,753,000 82,792
TOTAL DSF Debt Service Fund Group $ 168,316,000 $ 174,552,000 82,795
TOTAL ALL BUDGET FUND GROUPS $ 188,027,000 $ 200,650,000 82,798
Additional Appropriations 82,800
Appropriation items in this section are for the purpose of 82,802
paying the principal and interest on bonds or other instruments 82,803
of indebtedness of this state issued pursuant to the Ohio 82,804
Constitution and acts of the General Assembly. If it is 82,805
determined that additional appropriations are necessary, such 82,806
amounts are hereby appropriated. 82,807
Section 109. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 82,809
& AUDIOLOGY 82,811
General Services Fund Group 82,813
4K9 886-609 Operating $ 314,026 $ 321,548 82,817
TOTAL GSF General Services 82,818
Fund Group $ 314,026 $ 321,548 82,821
TOTAL ALL BUDGET FUND GROUPS $ 314,026 $ 321,548 82,824
Section 110. SLG STATE AND LOCAL GOVERNMENT COMMISSION OF 82,827
OHIO
General Revenue Fund 82,829
GRF 046-321 Operating Expenses $ 240,277 $ 246,284 82,834
TOTAL GRF General Revenue Fund $ 240,277 $ 246,284 82,837
TOTAL ALL BUDGET FUND GROUPS $ 240,277 $ 246,284 82,840
Section 111. SLC OHIO STUDENT AID COMMISSION 82,843
State Special Revenue Fund Group 82,845
462 373-603 Operating Expenses $ 2,586,603 $ 0 82,850
TOTAL SSR State Special Revenue 82,851
Fund Group $ 2,586,603 $ 0 82,854
TOTAL ALL BUDGET FUND GROUPS $ 2,586,603 $ 0 82,857
Section 112. BTA BOARD OF TAX APPEALS 82,860
General Revenue Fund 82,862
GRF 116-100 Personal Services $ 2,217,663 $ 2,274,244 82,867
GRF 116-200 Maintenance $ 107,400 $ 120,800 82,871
1812
GRF 116-300 Equipment $ 88,969 $ 69,200 82,875
TOTAL GRF General Revenue Fund $ 2,414,032 $ 2,464,244 82,878
General Services Fund Group 82,881
439 116-602 Reproduction of 82,884
Decisions $ 25,362 $ 26,008 82,886
TOTAL GSF General Services 82,887
Fund Group $ 25,362 $ 26,008 82,890
TOTAL ALL BUDGET FUND GROUPS $ 2,439,394 $ 2,490,252 82,893
Section 113. TAX DEPARTMENT OF TAXATION 82,896
General Revenue Fund 82,898
GRF 110-100 Personal Services $ 69,616,215 $ 69,828,215 82,903
GRF 110-200 Maintenance $ 12,789,253 $ 12,901,265 82,907
GRF 110-300 Equipment $ 4,876,148 $ 4,731,605 82,911
GRF 110-410 Administration of 82,913
Energy Credits $ 723,964 $ 743,128 82,916
GRF 110-412 Child Support 82,918
Administration $ 57,268 $ 58,872 82,920
GRF 110-506 Utility Bill Credits $ 9,500,000 $ 9,500,000 82,924
GRF 110-901 Property Tax 82,926
Allocation-Taxation $ 305,000,000 $ 323,300,000 82,928
GRF 110-906 Tangible Tax 82,930
Exemption - Taxation $ 26,280,000 $ 27,090,000 82,933
TOTAL GRF General Revenue Fund $ 428,842,848 $ 448,153,085 82,936
General Services Fund Group 82,939
433 110-602 Tape File Account $ 80,595 $ 82,852 82,944
TOTAL GSF General Services 82,945
Fund Group $ 80,595 $ 82,852 82,948
State Special Revenue Fund Group 82,951
4C6 110-616 International 82,954
Registration Plan $ 578,097 $ 593,238 82,956
4R6 110-610 Tire Tax 82,958
Administration $ 138,780 $ 142,666 82,960
435 110-607 Local Tax 82,962
Administration $ 9,817,491 $ 10,017,570 82,964
1813
436 110-608 Motor Vehicle Audit $ 1,377,920 $ 1,412,811 82,968
437 110-606 Litter Tax and 82,970
Natural Resource Tax
Administration $ 1,209,943 $ 1,240,870 82,972
438 110-609 School District 82,974
Income Tax $ 2,850,000 $ 2,515,000 82,976
639 110-614 Cigarette Tax 82,978
Enforcement $ 133,549 $ 136,888 82,980
642 110-613 Ohio Political Party 82,982
Distributions $ 1,233,600 $ 1,268,141 82,984
688 110-615 Local Excise Tax 82,986
Adminstration $ 299,267 $ 306,877 82,988
TOTAL SSR State Special Revenue 82,989
Fund Group $ 17,638,647 $ 17,634,061 82,992
Federal Special Revenue Fund Group 82,995
3J6 110-601 Motor Fuel Compliance $ 50,000 $ 50,000 83,000
3J7 110-603 International Fuel 83,002
Tax Agreement $ 40,000 $ 40,000 83,004
TOTAL FSR Federal Special Revenue 83,005
Fund Group $ 90,000 $ 90,000 83,008
Holding Account Redistribution Fund Group 83,011
R10 110-611 Tax Distributions $ 200,000 $ 200,000 83,016
R11 110-612 Miscellaneous Income 83,018
Tax Receipts $ 500,000 $ 500,000 83,020
TOTAL 090 Holding Account 83,021
Redistribution Fund Group $ 700,000 $ 700,000 83,024
TOTAL ALL BUDGET FUND GROUPS $ 447,352,090 $ 466,659,998 83,027
Litter Control Tax Administration Fund 83,030
Notwithstanding section 5733.12 of the Revised Code, during 83,032
the period July 1, 1997, to June 30, 1998, the amount of 83,033
$1,209,943, and July 1, 1998, to June 30, 1999, the amount of 83,034
$1,240,870, received by the Treasurer of State under Chapter 83,035
5733. of the Revised Code, shall be credited to the Litter 83,036
Control Tax Administration Fund (Fund 437). The Director of 83,037
1814
Budget and Management shall provide the Treasurer of State with a 83,038
monthly schedule in accordance with which the amounts shall be 83,039
credited. 83,040
Audit Production Reporting* 83,042
The Department of Taxation shall report to the Office of 83,044
Budget and Management on a quarterly basis the audit production 83,045
for all taxes administered by the department. An annual report 83,046
on audit production shall be submitted to the Speaker of the 83,047
House of Representatives and the President of the Senate at the 83,048
conclusion of fiscal year 1998 and fiscal year 1999. Such report 83,049
shall reference the previous two years' audit production for all 83,050
taxes administered by the department. 83,051
Tangible Tax Exemption 83,053
In addition to the amounts specifically appropriated to 83,055
item 110-906, Tangible Tax Exemption, for the tangible tax 83,056
exemption payments to county treasurers made pursuant to division 83,057
(G) of section 321.24 of the Revised Code, any sums which are 83,058
determined to be necessary for this purpose are hereby 83,059
appropriated. 83,060
International Registration Plan Audit 83,062
The foregoing appropriation item 110-616, International 83,064
Registration Plan, shall be used pursuant to section 5703.12 of 83,065
the Revised Code for audits of persons with vehicles registered 83,067
under the International Registration Plan. 83,068
Section 114. DOT DEPARTMENT OF TRANSPORTATION 83,070
Transportation Modes 83,071
General Revenue Fund 83,073
GRF 774-445 Intermodal Capital 83,076
Grants $ 2,500,000 $ 0 83,078
GRF 775-451 Public Transportation 83,080
- State $ 27,688,520 $ 28,497,653 83,082
GRF 775-453 Waterfront Line Lease 83,084
Payments - State $ 1,782,000 $ 1,782,000 83,086
1815
GRF 775-456 Public 83,088
Transportation/
Discretionary Capital $ 3,300,000 $ 3,300,000 83,091
GRF 775-458 Elderly and Disabled 83,093
Fare Assistance $ 3,123,832 $ 3,211,299 83,095
GRF 776-465 Rail Transportation 83,097
Administration
Supplement - State $ 475,300 $ 487,183 83,099
GRF 777-471 Airport Improvements 83,101
- State $ 2,548,314 $ 2,569,270 83,103
GRF 777-473 Rickenbacker Lease 83,105
Payments - State $ 632,000 $ 812,000 83,107
TOTAL GRF General Revenue Fund $ 42,049,966 $ 40,659,405 83,110
TOTAL ALL BUDGET FUND GROUPS $ 42,049,966 $ 40,659,405 83,113
Intermodal Capital Grants 83,116
Of the foregoing appropriation item, 774-445, Intermodal 83,118
Capital Grants, $2,500,000 in fiscal year 1998 shall be used for 83,119
the Lima Intermodal Facility. The appropriation in this act is 83,120
in addition to any other appropriation in the line item. 83,121
Aviation Lease Payments 83,123
The foregoing appropriation item 777-473, Rickenbacker 83,125
Lease Payments - State, shall be used to meet scheduled payments 83,126
for the Rickenbacker Port Authority. The Director of 83,127
Transportation shall certify to the Director of Budget and 83,128
Management any appropriations in line item 777-473, Rickenbacker 83,129
Lease Payments - State, that are not needed to make lease 83,130
payments for the Rickenbacker Port Authority. Notwithstanding 83,131
section 127.14 of the Revised Code, the amount certified is 83,132
hereby transferred to appropriation item 777-471, Airport 83,133
Improvements - State. The Director of Transportation shall 83,135
report such transfers to the Controlling Board at the next 83,137
regularly scheduled meeting of the board.
Noise Walls 83,139
Notwithstanding section 5511.01 of the Revised Code, the 83,141
1816
Department of Transportation shall improve an existing noise 83,142
barrier along State Route 8 in the City of Cuyahoga Falls, Summit 83,144
County, by retrofitting the traffic side with sound absorbing 83,145
material panels. This barrier, identified as noise barrier "A" 83,146
in the SUM 8-6.83 construction plans, beginning at the State 83,147
Route 8 centerline station 276+50 left and ending at the State 83,148
Route 8 centerline station 313+94 left, a length of approximately 83,149
3,744 feet or 0.709 miles, is located on the west side of State 83,150
Route 8 between the Hudson Drive interchange and the Graham Road 83,151
interchange.
Section 115. TOS TREASURER OF STATE 83,153
General Revenue Fund 83,155
GRF 090-321 Operating Expenses $ 8,929,789 $ 8,091,119 83,160
GRF 090-401 Commissioners of the 83,162
Sinking Fund $ 340,000 $ 363,800 83,164
GRF 090-402 Continuing Education $ 364,200 $ 386,241 83,168
GRF 090-405 Issuance Costs $ 7,500 $ 7,500 83,172
GRF 090-510 PERS Cost of Living $ 2,028 $ 1,633 83,176
GRF 090-511 STRS Cost of Living $ 3,300 $ 3,000 83,180
GRF 090-512 SERS Cost of Living $ 700 $ 700 83,184
GRF 090-520 PERS Pension Benefits $ 576,435 $ 492,982 83,188
GRF 090-521 STRS Pension Benefits $ 485,000 $ 460,000 83,192
GRF 090-522 SERS Pension Benefits $ 116,000 $ 95,000 83,196
GRF 090-523 Highway Patrol 83,198
Retirement System $ 4,776 $ 4,600 83,200
GRF 090-524 Police and Fire 83,202
Disability Pension $ 80,000 $ 75,000 83,204
GRF 090-530 PERS Ad Hoc Cost of 83,206
Living $ 1,633,500 $ 1,482,112 83,208
GRF 090-531 STRS Ad Hoc Cost of 83,210
Living $ 2,300,000 $ 2,200,000 83,212
GRF 090-532 SERS Ad Hoc Cost of 83,214
Living $ 303,000 $ 267,000 83,216
1817
GRF 090-533 Hwy Patrol Ad Hoc 83,218
Cost of Living $ 27,681 $ 27,500 83,220
GRF 090-534 Police & Fire Ad Hoc 83,222
Cost of Living $ 410,000 $ 395,000 83,224
GRF 090-544 Police and Fire State 83,226
Contribution $ 1,200,000 $ 1,200,000 83,228
GRF 090-554 Police and Fire 83,230
Survivor Benefits $ 2,130,000 $ 2,010,000 83,232
GRF 090-575 Police and Fire Death 83,234
Benefits $ 17,500,000 $ 19,300,000 83,236
GRF 090-900 Debt Service $ 95,303,000 $ 113,248,000 83,240
TOTAL GRF General Revenue Fund $ 131,716,909 $ 150,111,187 83,243
General Services Fund Group 83,246
4E9 090-603 Securities Lending 83,249
Income Fund $ 1,500,000 $ 2,500,000 83,251
182 090-608 Financial Planning 83,253
Commissions $ 15,000 $ 15,000 83,255
577 090-605 Investment Pool 83,257
Reimbursement $ 250,000 $ 750,000 83,259
605 090-609 Treasurer of State 83,261
Administrative Fund $ 600,000 $ 600,000 83,263
4NO 090-611 Treasury Education 83,265
Fund $ 26,250 $ 27,500 83,267
4X9 090-612 State School Board 83,269
Obligation $ 2,000 $ 2,000 83,271
TOTAL GSF General Services 83,272
Fund Group $ 2,393,250 $ 3,894,500 83,275
Agency Fund Group 83,278
425 090-635 Tax Refunds $ 850,010,000 $ 890,010,000 83,283
TOTAL AGY Agency Fund Group $ 850,010,000 $ 890,010,000 83,286
Debt Service Fund Group 83,289
077 090-900 Capital Improvements 83,292
Bond Service $ 95,303,000 $ 113,248,000 83,294
TOTAL DSF Debt Service Fund Group $ 95,303,000 $ 113,248,000 83,297
1818
State Special Revenue Fund Group 83,299
5C5 090-602 County Treasurer 83,302
Education $ 105,000 $ 110,000 83,304
TOTAL SSR State Special Revenue 83,305
Fund Group $ 105,000 $ 110,000 83,308
TOTAL ALL BUDGET FUND GROUPS $1,079,528,159 $1,157,373,687 83,311
Section 115.01. Commissioners of the Sinking Fund 83,314
The foregoing appropriation item 090-401, Commissioners of 83,316
the Sinking Fund, shall be used for all costs incurred by order 83,317
of, or on behalf of, the Commissioners of the Sinking Fund, with 83,318
respect to the issuance and sale of bonds or other obligations, 83,319
including but not limited to engraving, printing, advertising, 83,320
and other related outlays. The General Revenue Fund shall be 83,321
reimbursed for such costs on intra-state transfer voucher drawn 83,322
by the Commissioners of the Sinking Fund, pursuant to a 83,323
certification by the Treasurer of State of the actual amounts 83,325
used. The amounts necessary to make such reimbursements are 83,326
hereby appropriated from the bond retirement funds created by the 83,327
laws and Constitution of this state to the extent such costs are 83,328
incurred.
Capital Improvements Bond Service 83,330
The foregoing appropriation item 090-900, Capital 83,332
Improvements Bond Service, shall be used for the purpose of 83,333
paying the principal and interest on General Obligation 83,334
Infrastructure Improvement Bonds issued pursuant to the Ohio 83,335
Constitution and acts of the General Assembly. If it is 83,336
determined that additional appropriations are necessary, such 83,337
amounts are hereby appropriated. 83,338
Section 115.02. Police and Firemen's Death Benefit Fund 83,341
The foregoing appropriation item 090-575, Police and Fire 83,343
Death Benefits, shall be disbursed by the Treasurer of State in 83,344
quarterly payments at the beginning of each quarter to the Board 83,345
of Trustees of the Police and Firemen's Disability and Pension 83,346
Fund. By June 20 of each year, the Board of Trustees of the 83,347
1819
Police and Firemen's Disability and Pension Fund shall certify to 83,348
the Treasurer of State the amount disbursed in each quarter of 83,349
the current fiscal year to make the payments required by section 83,350
742.63 of the Revised Code and shall return to the Treasurer of 83,351
State moneys received from this item but not disbursed. 83,352
Tax Refunds 83,354
The foregoing appropriation item 090-635, Tax Refunds, 83,356
shall be used to pay refunds as provided in section 5703.052 of 83,357
the Revised Code. If it is determined that additional 83,358
appropriations are necessary, such amounts are hereby 83,359
appropriated. 83,360
Section 116. TTA OHIO TUITION TRUST AUTHORITY 83,362
State Special Revenue Fund Group 83,364
645 095-601 Operating Expenses $ 3,115,200 $ 3,541,400 83,369
TOTAL SSR State Special Revenue 83,370
Fund Group $ 3,115,200 $ 3,541,400 83,373
TOTAL ALL BUDGET FUND GROUPS $ 3,115,200 $ 3,541,400 83,376
Operating Expenses 83,379
The foregoing appropriation item 095-601, Operating 83,381
Expenses, shall be used to pay the operating expenses of the Ohio 83,382
Tuition Trust Authority. 83,383
Section 117. UST PETROLEUM UNDERGROUND STORAGE TANK 83,385
RELEASE COMPENSATION BOARD 83,386
State Special Revenue Fund Group 83,388
691 810-632 PUSTRCB Staff $ 793,650 $ 887,250 83,393
TOTAL SSR State Special Revenue 83,394
Fund Group $ 793,650 $ 887,250 83,397
TOTAL ALL BUDGET FUND GROUPS $ 793,650 $ 887,250 83,400
Section 118. OVH OHIO VETERANS' HOME 83,403
General Revenue Fund 83,405
GRF 430-100 Personal Services $ 10,334,362 $ 11,039,285 83,410
GRF 430-200 Maintenance $ 4,676,165 $ 5,007,942 83,414
TOTAL GRF General Revenue Fund $ 15,010,527 $ 16,047,227 83,417
General Services Fund 83,420
1820
Federal Special Revenue Fund Group 83,422
3L2 430-601 Federal Grants $ 6,690,000 $ 7,034,267 83,427
TOTAL FED Federal Special Revenue 83,428
Fund Group $ 6,690,000 $ 7,034,267 83,431
State Special Revenue Fund Group 83,434
4E2 430-602 Veterans Home 83,437
Operating $ 3,082,672 $ 3,320,470 83,439
604 430-604 Veterans Home 83,441
Improvement $ 466,192 $ 579,839 83,443
TOTAL SSR State Special Revenue 83,444
Fund Group $ 3,548,864 $ 3,900,309 83,447
TOTAL ALL BUDGET FUND GROUPS $ 25,249,391 $ 26,981,803 83,450
Section 119. VET VETERANS' ORGANIZATIONS 83,453
General Revenue Fund 83,455
VAP AMERICAN EX-PRISONERS OF WAR 83,456
GRF 743-501 State Support $ 23,478 $ 24,135 83,461
VAN ARMY AND NAVY UNION, USA, INC. 83,463
GRF 746-501 State Support $ 51,500 $ 53,045 83,468
VKW KOREAN WAR VETERANS 83,470
GRF 747-501 State Support $ 46,296 $ 47,685 83,475
VJW JEWISH WAR VETERANS 83,477
GRF 748-501 State Support $ 27,818 $ 28,653 83,482
VCW CATHOLIC WAR VETERANS 83,484
GRF 749-501 State Support $ 54,288 $ 55,917 83,489
VPH MILITARY ORDER OF THE PURPLE HEART 83,491
GRF 750-501 State Support $ 52,778 $ 54,362 83,496
VVV VIETNAM VETERANS OF AMERICA 83,498
GRF 751-501 State Support $ 168,450 $ 172,004 83,503
VAL AMERICAN LEGION OF OHIO 83,505
GRF 752-501 State Support $ 251,600 $ 233,398 83,510
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 83,512
GRF 753-501 State Support $ 195,700 $ 201,571 83,517
VAV DISABLED AMERICAN VETERANS 83,519
GRF 754-501 State Support $ 149,350 $ 153,831 83,524
1821
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 83,526
GRF 755-501 State Support $ 3,964 $ 4,075 83,531
VMC MARINE CORPS LEAGUE 83,533
GRF 756-501 State Support $ 77,206 $ 79,522 83,538
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 83,540
GRF 757-501 State Support $ 5,566 $ 5,733 83,545
VFW VETERANS OF FOREIGN WARS 83,547
GRF 758-501 State Support $ 133,900 $ 137,917 83,552
VWI VETERANS OF WORLD WAR I 83,554
GRF 759-501 State Support $ 23,478 $ 24,135 83,559
TOTAL GRF General Revenue Fund $ 1,265,372 $ 1,275,983 83,562
TOTAL ALL BUDGET FUND GROUPS $ 1,265,372 $ 1,275,983 83,565
Release of Funds 83,568
The foregoing appropriation items 743-501, 746-501, 83,570
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 83,571
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 83,572
Support, shall be released upon approval by the Director of 83,573
Budget and Management.
American Ex-Prisoners of War 83,575
The American Ex-Prisoners of War shall be permitted to 83,577
share an office with the Veterans of World War I. 83,578
Central Ohio United Services Organization 83,580
Of the foregoing appropriation item, 751-501, Vietnam 83,582
Veterans of America, $50,000 in each fiscal year shall be used to 83,583
support the activities of the Central Ohio USO. 83,584
Women in Military Service Memorial 83,586
Of the foregoing appropriation item 752-501, American 83,588
Legion of Ohio, $25,000 in fiscal year 1998 shall be used for a 83,589
contribution to The Women in Military Service Memorial in 83,590
Washington, D.C.
Section 120. DVM STATE VETERINARY MEDICAL BOARD 83,592
General Services Fund Group 83,594
4K9 888-609 Operating $ 344,040 $ 353,543 83,599
TOTAL GSF General Services 83,600
1822
Fund Group $ 344,040 $ 353,543 83,603
TOTAL ALL BUDGET FUND GROUPS $ 344,040 $ 353,543 83,606
Section 121. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 83,609
General Revenue Fund 83,611
GRF 920-321 Operating Expenses $ 247,719 $ 254,453 83,616
TOTAL GRF General Revenue Fund $ 247,719 $ 254,453 83,619
State Special Revenue Fund Group 83,622
4V9 920-602 Women's Policy and 83,625
Research Commission
Fund $ 25,000 $ 25,000 83,627
TOTAL SSR State Special Revenue 83,628
Fund Group $ 25,000 $ 25,000 83,631
TOTAL ALL BUDGET FUND GROUPS $ 272,719 $ 279,453 83,634
Section 122. DYS DEPARTMENT OF YOUTH SERVICES 83,637
General Revenue Fund 83,639
GRF 470-401 Care and Custody $ 131,135,560 $ 136,069,627 83,644
GRF 470-402 Community Program 83,646
Services $ 2,999,777 $ 2,974,897 83,648
GRF 470-404 Vocational 83,650
Rehabilitation $ 250,000 $ 256,250 83,652
GRF 477-406 Interagency 83,654
Collaborations $ 350,000 $ 350,000 83,656
GRF 470-412 Lease Rental Payments $ 11,386,000 $ 14,890,000 83,660
GRF 470-502 County Youth Facility 83,662
Maintenance $ 8,118,616 $ 8,321,581 83,664
GRF 470-510 Youth Services $ 21,047,784 $ 21,573,979 83,668
GRF 472-321 Parole Operations $ 16,295,957 $ 16,618,397 83,672
GRF 477-321 Administrative 83,674
Operations $ 13,264,876 $ 13,727,840 83,676
TOTAL GRF General Revenue Fund $ 204,848,570 $ 214,782,571 83,679
General Services Fund Group 83,682
4A2 470-602 Child Support $ 154,170 $ 158,456 83,687
4G6 470-605 General Operational 83,689
Funds $ 10,280 $ 10,568 83,691
1823
479 470-609 Employee Food Service $ 108,439 $ 111,475 83,695
4J7 470-619 Community Mental 83,697
Health/Substance
Abuse Treatment $ 246,720 $ 253,628 83,699
175 470-613 Education 83,701
Reimbursement $ 7,614,684 $ 7,808,022 83,703
TOTAL GSF General Services 83,704
Fund Group $ 8,134,293 $ 8,342,149 83,707
Federal Special Revenue Fund Group 83,710
321 470-601 Education $ 1,934,237 $ 2,032,072 83,715
321 470-603 Juvenile Justice 83,717
Prevention Programs $ 563,981 $ 481,926 83,719
321 470-606 Nutrition $ 2,570,108 $ 2,610,930 83,723
321 470-614 Title IV-E 83,725
Reimbursements $ 5,469,652 $ 5,609,415 83,727
TOTAL FED Federal Special Revenue 83,728
Fund Group $ 10,537,978 $ 10,734,343 83,731
State Special Revenue Fund Group 83,734
147 470-612 Vocational Education $ 1,653,627 $ 1,695,629 83,739
TOTAL SSR State Special Revenue 83,740
Fund Group $ 1,653,627 $ 1,695,629 83,743
TOTAL ALL BUDGET FUND GROUPS $ 225,174,468 $ 235,554,692 83,746
Ohio Building Authority Lease Payments 83,749
The foregoing appropriation item 470-412, Lease Rental 83,751
Payments, in the Department of Youth Services, shall be used for 83,752
payments, limited to the aggregate amount of $26,276,000, to the 83,753
Ohio Building Authority for the period July 1, 1997, to June 30, 83,754
1999, pursuant to the primary leases and agreements for 83,755
facilities made under Chapter 152. of the Revised Code which are 83,756
the source of funds pledged for bond service charges on related 83,757
obligations issued pursuant to Chapter 152. of the Revised Code. 83,758
Care and Custody 83,760
In determining the amount of moneys necessary to fund the 83,762
foregoing appropriation item 470-401, Care and Custody, in fiscal 83,763
1824
years 1998 and 1999 the Department of Youth Services shall 83,764
compute the number of state target youth for each fiscal year. 83,765
As defined in section 5139.01 of the Revised Code, state target 83,767
youth means twenty-five per cent of the projected total number of 83,768
felony level delinquency adjudications in the juvenile courts for 83,769
each year of a biennium, factoring in revocations and 83,770
recommitments. The foregoing appropriation item 470-401, Care 83,771
and Custody, shall provide for an amount not less than $98 per 83,772
day for each state target youth or not less than $20,000 per year 83,773
for each state target youth for each year of the biennium. 83,774
Notwithstanding division (B)(2)(a)(i) of section 5139.43 of 83,776
the Revised Code, the determination of which county a reduction 83,777
of the monthly care and custody allocation will be charged 83,778
against for a particular youth shall be made as outlined below 83,779
for all youths who are in the custody of the Department of Youth 83,780
Services, are in an institution on June 30, 1995, and who do not
qualify as public safety beds. The determination of which county 83,781
a reduction of the monthly care and custody allocation will be 83,782
charged against shall be made as follows until each youth is 83,783
released:
(A) In the event of a commitment, the reduction shall be 83,785
charged against the committing county. 83,786
(B) In the event of a recommitment, the reduction shall be 83,788
charged against the original committing county until the 83,789
expiration of the minimum period of institutionalization under 83,790
the original order of commitment or until the date on which the 83,791
youth is admitted to the Department of Youth services pursuant to
the order of recommitment, whichever is later. Reductions of the 83,792
monthly allocation shall be charged against the county which 83,793
recommitted the youth after the minimum expiration date of the 83,794
original commitment.
(C) In the event of a revocation of a release on parole, 83,796
the reduction shall be charged against the original committing 83,797
county.
1825
Community Program Services 83,799
Of the foregoing appropriation item 470-402, Community 83,801
Program Services, $95,000 in fiscal year 1998 shall be used for 83,802
the City of Cincinnati parental responsibility program. Of the 83,803
foregoing appropriation item 470-402, Community Program Services, 83,804
$100,000 in each fiscal year shall be used for the Columbus Youth 83,805
Corps.
Vocational Rehabilitation 83,807
The Department of Youth Services and the Rehabilitation 83,809
Services Commission shall enter into an interagency agreement for 83,810
the provision of vocational rehabilitation services and staff to 83,811
mutually eligible clients. The foregoing appropriation item 83,812
470-404, Vocational Rehabilitation, shall be used to provide 83,813
vocational rehabilitation services and staff in accordance with 83,814
the interagency agreement. The Department of Youth Services may 83,815
transfer additional moneys to appropriation item 470-404, 83,816
Vocational Rehabilitation, with Controlling Board approval. 83,817
Employee Food Service and Equipment 83,819
Notwithstanding section 125.14 of the Revised Code, the 83,821
foregoing appropriation item 470-609, Employee Food Service, may 83,822
be used to purchase equipment with funds received into the fund 83,824
from reimbursement for state surplus property.
Education Reimbursement 83,826
The foregoing appropriation line item 470-613, Education 83,828
Reimbursement, shall be used to fund the operating expenses of 83,829
providing educational services to youth supervised by the 83,830
Department of Youth Services. Operating expenses include, but 83,831
are not limited to, teachers' salaries, maintenance costs, and 83,832
educational equipment. This line item shall not be used for 83,833
capital expenses. 83,834
Financial Assistance 83,836
Pursuant to section 5139.28 of the Revised Code, grants 83,838
awarded for financial assistance for the operation and 83,839
maintenance of schools or other facilities shall be in an amount 83,840
1826
not to exceed one half of the cost of operating and maintaining 83,841
such schools or facilities, but may not exceed in any one month 83,843
$540 multiplied by the average daily enrollment in each fiscal 83,844
year.
Pursuant to section 5139.281 of the Revised Code, funding 83,846
provided to a county for the operation and maintenance of each 83,847
home shall be in an amount of fifty per cent of the approved 83,848
annual operating cost, but shall not be in excess of $156,928 in 83,849
each fiscal year. 83,850
Community Mental Health and Substance Abuse Treatment 83,852
There is hereby created in the state treasury the Community 83,854
Mental Health and Substance Abuse Treatment Fund (Fund 4J7), to 83,855
be administered by the Department of Youth Services. This fund 83,856
shall consist of moneys transferred from the Department of Mental 83,857
Health, as well as any moneys transferred from appropriation 83,858
items within the Department of Youth Services' budget as provided 83,859
by this act. The money in Fund 4J7 shall be used by the
Department of Youth Services to make grants to counties to 83,860
coordinate, evaluate, and support mental health and substance 83,861
abuse treatment for persons under the jurisdiction of the 83,862
juvenile criminal justice system and to pay expenses of the 83,863
Department of Youth Services incurred in administering the grant
program, including the costs of an annual conference for the 83,864
participating counties to share information and do program 83,865
planning.
Title IV-E Reimbursements 83,867
Of the foregoing appropriation item 470-614, Title IV-E 83,869
Reimbursements, up to $240,000 in each year of the biennium may 83,870
be transferred to appropriation item 470-619, Community Mental 83,871
Health and Substance Abuse Treatment Fund (Fund 4J7). Any such 83,872
transfers shall be made using an intrastate transfer voucher.
Section 123. Personal Service Expenses 83,874
Unless otherwise prohibited by law, each appropriation in 83,876
this act from which personal service expenses are paid shall bear 83,877
1827
the employer's share of public employees' retirement, workers' 83,878
compensation, disabled workers' relief, and all group insurance 83,879
programs; the costs of centralized accounting, centralized 83,880
payroll processing, and related personnel reports and services; 83,881
the cost of the Office of Collective Bargaining; the cost of the 83,882
Personnel Board of Review; the cost of the Employee Assistance 83,883
Program; the cost of the Equal Opportunity Center; and the cost 83,884
of administering the state employee merit system as required by 83,885
section 124.07 of the Revised Code. Such costs shall be 83,886
determined in conformity with appropriate sections of law and 83,887
paid in accordance with procedures specified by the Office of 83,888
Budget and Management. Expenditures from line item 070-601, 83,889
Public Audit Expense - Local Government, in Fund 422 may be 83,890
exempt from the requirements of this section. 83,891
Section 124. Reissuance of Voided Warrants 83,893
In order to provide funds for the reissuance of voided 83,895
warrants pursuant to section 117.47 of the Revised Code, there is 83,896
hereby appropriated, out of moneys in the state treasury from the 83,897
fund credited as provided in section 117.47 of the Revised Code, 83,898
that amount sufficient to pay such warrants when approved by the 83,899
Office of Budget and Management. 83,900
Section 125. Judgments Against State 83,902
Any appropriations contained in this act, except those to 83,904
be applied to or used for payment of guarantees by or on behalf 83,905
of the state or debt service on bonds, notes, or certificates of 83,906
participation, may be used for the purpose of satisfying 83,907
judgments, settlements, or administrative awards ordered or 83,908
approved by the Court of Claims or other court of competent 83,909
jurisdiction in connection with civil actions against the state. 83,910
Section 126.* Capital Project Settlements 83,912
This section specifies an additional and supplemental 83,914
procedure to provide for payments of judgments and settlements if 83,915
the Director of Budget and Management determines, pursuant to 83,916
division (C)(4) of section 2743.19 of the Revised Code, that 83,917
1828
sufficient unencumbered moneys do not exist in the particular 83,918
appropriation to pay the amount of a final judgment rendered 83,919
against the state or a state agency, including the settlement of 83,920
a claim approved by a court, in an action upon and arising out of 83,921
a contractual obligation for the construction or improvement of a 83,922
capital facility if the costs under such contract were payable in 83,923
whole or in part from a state capital projects appropriation. In 83,924
such a case, the Director may either proceed pursuant to division 83,925
(C)(4) of section 2743.19 of the Revised Code, or apply to the 83,926
Controlling Board to increase an appropriation or create an 83,928
appropriation out of any unencumbered moneys in the state 83,929
treasury to the credit of the capital projects fund from which 83,930
the initial state appropriation was made. The Controlling Board 83,931
may approve or disapprove the application as submitted or 83,932
modified. The amount of an increase in appropriation or new 83,933
appropriation specified in an application approved by the 83,934
Controlling Board is hereby appropriated from the applicable 83,935
capital projects fund and made available for the payment of the 83,936
judgment or settlement.
If the Director does not make the application authorized by 83,938
this section or the Controlling Board disapproves the 83,939
application, and the Director does not make application pursuant 83,940
to division (C)(4) of section 2743.19 of the Revised Code, the 83,941
Director shall for the purpose of making that payment request to 83,942
the General Assembly as provided for in division (C)(5) of that 83,943
section.
Section 127. Income Tax Distribution to Counties 83,945
There are hereby appropriated out of any moneys in the 83,947
state treasury to the credit of the General Revenue Fund, which 83,948
are not otherwise appropriated, funds sufficient to make any 83,949
payment required by division (B)(2) of section 5747.03 of the 83,950
Revised Code. 83,951
Section 128. Homestead Exemption and Property Tax Rollback 83,954
The appropriation item 110-901, Property Tax 83,956
1829
Allocation-Taxation, made to the Department of Taxation, and the 83,957
appropriation item 200-901, Property Tax Allocation-Education, 83,958
made to the Department of Education, are appropriated to pay for 83,959
the state's costs incurred due to the Property Tax Rollback and 83,960
the Homestead Exemption in all taxing districts of the state 83,961
which receive an appropriation for these purposes. The Tax 83,962
Commissioner, in cooperation with the Department of Education, 83,963
shall distribute these funds directly to the appropriate local 83,964
taxing district of the state, notwithstanding the provisions in 83,965
sections 321.24 and 323.156 of the Revised Code, which provide 83,966
for payment of the Property Tax Rollback and the Homestead 83,967
Exemption by the Tax Commissioner to the appropriate county 83,968
treasurer and the subsequent redistribution of these funds to the 83,969
appropriate local taxing districts by the county auditor. 83,970
Upon receipt of these amounts, each local taxing district 83,972
shall distribute the amount among the proper funds as if it had 83,973
been paid as real property taxes. Payments for the cost of 83,974
administration shall continue to be paid to the county treasurer 83,975
and county auditor as provided for in sections 319.54, 321.26, 83,976
and 323.156 of the Revised Code. 83,977
Any sums, in addition to the amounts specifically 83,979
appropriated in appropriation items 110-901, Property Tax 83,980
Allocation-Taxation, and 200-901, Property Tax 83,981
Allocation-Education, for the Property Tax Rollback and the 83,982
Homestead Exemption payments to local taxing districts, which are 83,983
determined to be necessary for these purposes, are hereby 83,984
appropriated. 83,985
Section 129. Transfers of Fiscal Year 1997 Ending Balances 83,987
(A) Notwithstanding division (B)(1)(b) of section 131.44 83,989
of the Revised Code as amended by this act, the amount 83,990
transferred to the Income Tax Reduction Fund under that division 83,991
on or before July 31, 1997, shall not exceed $285,700,000. 83,992
Amounts of surplus revenue that would have been transferred to 83,993
the Income Tax Reduction Fund under that division but for this
1830
section shall be transferred as provided in division (B) of this 83,994
section.
(B)(1) The first $94,400,000 of such surplus revenue shall 83,996
be transferred from the General Revenue Fund to Fund 4Y4, 83,998
SchoolNet Plus. This money, when combined with the $30,600,000 83,999
transferred from the General Revenue Fund under this act, 84,000
constitutes the $125 million needed to complete the SchoolNet
Plus program, as provided by Section 45.36 of Am. Sub. H.B. 117 84,001
of the 121st General Assembly and Section 21 of Am. H.B. 748 of 84,003
the 121st General Assembly.
(2) The next $25,000,000 of such surplus revenue shall be 84,005
transferred from the General Revenue Fund to the Instructional 84,007
Materials Education Fund (Fund 5F8), which is hereby created in 84,008
the state treasury. The amount so transferred shall be used by 84,009
school districts to pay for textbooks and instructional materials
for schools. 84,010
(3) The next $9,200,000 of such surplus revenue shall be 84,012
transferred from the General Revenue Fund to the Distance 84,013
Learning Fund created under section 3317.51 of the Revised Code 84,014
and expended as provided in that section.
(4) Any surplus revenue in excess of the amounts 84,016
distributed under divisions (B)(1), (2), and (3) of this section 84,018
shall be transferred to Fund 021, School Building Assistance. 84,019
Any moneys deposited in Fund 021 under division (B)(4) of this
section are hereby appropriated to pay for school building 84,020
construction or renovation for low-wealth school districts as 84,021
provided by S.B. 102 of the 122nd General Assembly and other 84,023
applicable provisions of law.
Section 130. Reappropriation of Unexpended Balances 84,025
Notwithstanding section 131.33 of the Revised Code, 84,027
unexpended balances of appropriations and reappropriations 84,028
against which encumbrances have been lawfully incurred by a state 84,029
agency are, at the close of fiscal year 1997, to the extent of 84,030
such encumbrances, hereby reappropriated from the funds from 84,031
1831
which they were originally appropriated and reappropriated and, 84,032
except for encumbrances for items of special order manufacture 84,033
not available on term contract or open market and reclamation of 84,034
land and oil and gas wells, made available for the purpose of 84,036
discharging such encumbrances for a period of five months from 84,037
the end of the fiscal year. Unexpended balances of
appropriations and reappropriations against which encumbrances 84,038
for items of special order manufacture not available on term 84,039
contract or in the open market and reclamation of land and oil 84,040
and gas wells have been lawfully incurred are, at the close of 84,042
the fiscal year, to the extent of such encumbrances, hereby 84,043
reappropriated and made available for the purpose of discharging 84,044
such encumbrances for a period of five months from the end of the 84,045
fiscal year or, if the Director of Budget and Management 84,046
approves, for a period of not more than twelve months from the 84,047
end of the fiscal year.
Any items for which unexpended balances are reappropriated 84,049
beyond a five-month period from the end of the fiscal year shall 84,050
be reported to the Controlling Board by the Director of Budget 84,051
and Management. The report on each such item shall include the 84,052
item, the cost of the item, the vendor involved, and the delivery 84,053
date. Such reports to the board shall be updated on a quarterly 84,054
basis while the encumbrance remains open. 84,055
After any such period, reappropriations made for the 84,057
purpose of discharging encumbrances for operating expenses, 84,058
defined as those encumbrances incurred for personal services, 84,059
maintenance, and equipment, are canceled. Reappropriations for 84,060
encumbrances other than operating expenses or items of special 84,061
manufacture not available on term contract or in the open market 84,062
and reclamation of land and oil and gas wells may be extended by 84,063
obtaining the approval of the Director of Budget and Management. 84,065
Section 131.* Utility Radiological Safety Board 84,067
Assessments
The maximum amounts that may be assessed against nuclear 84,069
1832
electric utilities in accordance with division (B)(2) of section 84,070
4937.05 of the Revised Code are as follows: 84,071
FY 1998 FY 1999 84,073
Department of Agriculture 84,075
Fund 4E4 Utility Radiological 84,077
Safety $95,552 $97,958
Department of Health 84,080
Fund 610 Radiation Emergency 84,082
Response $752,788 $771,275 84,083
Environmental Protection Agency 84,086
Fund 644 ER Radiological Safety $198,095 $190,451 84,088
Emergency Management Agency 84,091
Fund 657 Utility Radiological 84,093
Safety $744,361 $764,459 84,094
Section 132. Special Distribution Fund 84,097
The 122nd General Assembly hereby authorizes that the 84,099
following moneys be deposited into the Special Distribution Fund: 84,101
settlements or moneys obtained through judicial proceedings 84,102
relating to the acquisition of a depository institution located 84,103
in this state by a bank holding company and moneys payable to the 84,104
state from purchases of depository institutions pursuant to the 84,105
contracts for their acquisition. Any moneys deposited into the 84,106
Special Distribution Fund (Fund 580) shall be transferred by the 84,107
Director of Budget and Management to the General Revenue Fund. 84,108
Section 133. Fund Transfers 84,110
Notwithstanding any other provision of the law to the 84,112
contrary, the Director of Budget and Management shall transfer up 84,113
to the following amount in fiscal year 1998 and fiscal year 1999 84,114
from the specified fund into the General Revenue Fund no later 84,115
than June 1, 1998 and June 1, 1999. 84,116
FY 1998 FY 1999 84,118
Department of Commerce 84,119
Fund 550 Securities $5,000,000 $5,000,000 84,120
Not later than 90 days after the effective date of this 84,123
1833
section, the Department of Taxation shall certify the cash 84,124
balance of the State Special Revenue Fund 4K0, Beverage Tax 84,125
Administration, to the Director of Budget and Management. The 84,126
Office of Budget and Management shall transfer the certified
amount to the General Revenue Fund. 84,127
Section 134. Occupational and Licensing Board Fund 84,129
Transfers 84,130
Notwithstanding any other provision of law to the contrary, 84,132
the Director of Budget and Management shall transfer the 84,133
following amounts of cash from the specified obsolete funds to 84,134
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 84,135
30 days of the effective date of this section. 84,136
Accountancy Board of Ohio 84,138
Fund 567 Accountancy Testing $9,573.96 84,141
State Board of Examiners of Architects 84,143
Fund 568 Board of Examiners 84,145
of Architects Testing $138,384.03 84,148
State Veterinary Medical Board 84,150
Fund R22 Licensure Refunds $731.00 84,153
Fund 4D8 Testing Fees $91,214.51 84,156
State Board of Engineers and Surveyors 84,158
Fund 569 Testing Fees $317,979.22 84,161
State Medical Board 84,163
Fund 619 Medical and Podiatric Testing $72,955.25 84,166
State Board of Nursing 84,168
Fund 626 Publications and Education Conference $158.28 84,171
State Board of Pharmacy 84,173
Fund 3E3 Pharmaceutical Division $16,496.43 84,176
Fund 621 Sale of Publications $89,275.93 84,179
Occupational Therapy, Physical Therapy, and Athletic Trainers 84,181
Board 84,182
Fund 4D9 Physical Therapy Testing $65,122.86 84,185
Board of Sanitarian Registration 84,187
Fund 4A7 Testing Fees $63.71 84,190
1834
Section 135. Lease Payments to OPFC and OBA 84,192
Certain appropriations are in this act for the purpose of 84,194
lease payments to the Ohio Public Facilities Commission and to 84,195
the Ohio Building Authority for the purpose of paying principal 84,196
and interest on bonds or notes issued by the Ohio Public 84,197
Facilities Commission or the Ohio Building Authority pursuant to 84,198
the Ohio Constitution and acts of the General Assembly. If it is 84,199
determined that additional appropriations are necessary for this 84,200
purpose, such amounts are hereby appropriated. 84,201
Section 136. State and Local Rebate Authorization 84,203
There is hereby appropriated, from those funds designated 84,205
by or pursuant to the applicable proceedings authorizing the 84,206
issuance of state obligations, amounts computed at the time to 84,207
represent the portion of investment income to be rebated or 84,208
amounts in lieu of or in addition to any rebate amount to be paid 84,209
to the federal government in order to maintain the exclusion from 84,210
gross income for federal income tax purposes of interest on those 84,211
state obligations pursuant to Section 148(f) of the Internal 84,212
Revenue Code. 84,213
Appropriations shall be posted and disbursed for these 84,215
purposes upon request and presentation of a voucher to the 84,216
Director of Budget and Management. 84,217
Section 137. Capitol Square Renovation Loan Repayment 84,219
The Director of Budget and Management shall review the cash 84,221
balance in the Capitol Square Renovation Gift Fund and shall 84,223
recommend an amount to be transferred to the credit of the 84,225
Department of Commerce Division of Administration Fund (Fund 163) 84,227
toward repayment of the fiscal year 1994 loan of $500,000 for the 84,229
education and historical areas of the Capitol Square Renovation 84,231
Project. If $500,000 is not repaid in full in fiscal year 1995, 84,232
this same review shall continue in each succeeding fiscal year 84,233
until the Department of Commerce is repaid the $500,000. 84,235
Section 138. Veterans' Plaza 84,237
Upon the sale of the Ohio Veterans' Children's Home, the 84,239
1835
proceeds of the sale shall be deposited to Fund 4Z0, Veterans' 84,240
Plaza Fund, which is hereby created. These funds shall serve as 84,241
repayment for the expenses incurred by the construction of the 84,242
Veterans' Plaza.
Section 139. Transfers of Cash and Outstanding Encumbrance 84,244
Balances
Notwithstanding any provision of law to the contrary, the 84,246
Director of Budget and Management is authorized to take the 84,248
actions as described in this section. This section applies to 84,249
budget changes made necessary by administrative reorganization, 84,250
program transfers, the creation of new funds, and the
consolidation of funds as authorized by this act. The Director 84,252
of Budget and Management may make any transfers of cash balances
between funds. At the request of the Office of Budget and 84,253
Management, the administering agency head shall certify to the 84,254
Director the amount of the cash balance to be transferred to the 84,255
receiving fund. The Director may transfer the estimated amount 84,257
when needed to make payments. No more than thirty days after 84,259
certifying the estimated amount the administering agency head 84,261
shall certify the final amount to the Director. The Director 84,262
shall transfer the difference between any estimated amount 84,263
previously transferred and such certified final amount. 84,265
The Director of Budget and Management may cancel 84,267
encumbrances and reestablish such encumbrances or parts of 84,268
encumbrances as needed in fiscal year 1998 in the appropriate 84,269
fund and appropriation line item for the same purpose and to the 84,271
same vendor. As determined by the Director, the appropriation
authority necessary to reestablish such encumbrances in fiscal 84,272
year 1998 in a different fund or appropriation line item within 84,273
an agency or between agencies is hereby authorized and 84,274
appropriated. The Director shall reduce each year's
appropriation balances by the amount of the encumbrances canceled 84,275
in their respective funds and appropriation line items. 84,276
Any fiscal year 1998 unencumbered or unalloted 84,278
1836
appropriation balances may be transferred to the appropriate line 84,279
item to be used for the same purposes, as determined by the 84,280
Director of Budget and Management. 84,281
Section 140. Federal Cash Management Improvement Act 84,283
Pursuant to the plan for compliance with the Federal Cash 84,285
Management Improvement Act required by section 131.36 of the 84,286
Revised Code, the Director of Budget and Management is authorized 84,287
to cancel and reestablish all or parts of encumbrances in like 84,288
amounts within the funds identified by the plan. Such amounts 84,289
necessary to reestablish all or parts of encumbrances are hereby 84,290
appropriated. 84,291
Section 141. Statewide Indirect Cost Recovery 84,293
Whenever the Director of Budget and Management determines 84,295
that an appropriation made to a state agency from a fund of the 84,296
state is insufficient to provide for the recovery of statewide 84,297
indirect costs pursuant to section 126.12 of the Revised Code, 84,298
the amount required for such purpose is hereby appropriated from 84,299
the available receipts of such fund. 84,300
Section 142. GRF Transfers on Behalf of the Statewide 84,302
Indirect Cost Allocation Plan 84,303
The total transfers made from the General Revenue Fund by 84,305
the Director of Budget and Management pursuant to this section 84,307
shall not exceed the amounts transferred into the General Revenue 84,309
Fund pursuant to division (B) of section 126.12 of the Revised 84,311
Code.
A director of an agency may certify to the Director of 84,313
Budget and Management the amount of expenses not allowed to be 84,314
included in the Statewide Indirect Cost Allocation plan pursuant 84,315
to federal regulations, from any fund included in the Statewide 84,316
Indirect Cost Allocation plan, prepared as required by section 84,317
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 84,320
available to pay for such expenses, the Director of Budget and 84,321
Management may transfer from the General Revenue Fund into the 84,322
1837
fund for which the certification is made, up to the amount of the 84,323
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 84,324
pursuant to section 126.02 of the Revised Code, a request for 84,325
funding for such activities from an alternative source such that 84,326
further federal disallowances would not be required. 84,327
Section 143. GRF Transfer on Behalf of the Attorney 84,329
General
The Director of Budget and Management may transfer up to 84,331
$200,000 in fiscal year 1998 and $75,000 in fiscal year 1999, 84,332
from the General Revenue Fund to the General Reimbursement Fund 84,333
(Fund 106), appropriation item 055-612, General Reimbursement, 84,334
within the budget of the Attorney General. Such funds shall be 84,335
used for the purpose of completing implementation of the case
docketing system. 84,336
Section 144. GRF Transfers for Lead Assessments 84,338
Pursuant to an interagency agreement between the Department 84,340
of Human Services and the Department of Health, the Director of 84,341
Budget and Management shall transfer cash for the purpose of 84,342
performing environmental lead assessments in the homes of 84,343
Medicaid HEALTHCHEK recipients. The amount of the transfers from
appropriation item 400-525 in fiscal year 1998 shall be the 84,344
following: $110,000 to appropriation item 400-655, Interagency 84,345
Reimbursement, and $80,000 to appropriation item 440-452, Child 84,346
and Family Health Care Operations. In fiscal year 1999 the 84,347
transferred amounts shall be: $155,000 to 400-655 and $115,000 84,348
to 440-452. Federal reimbursement shall pass through 400-655 to
Fund 142, 440-618, General Operations. The amounts received in 84,349
440-452, 440-618, and 440-655 are hereby appropriated. 84,350
Section 145.* Education Minimum Standards 84,352
No amendments to the minimum standards adopted by the State 84,355
Board of Education pursuant to division (D) of section 3301.07 of 84,356
the Revised Code and in effect on January 1, 1993, shall be 84,357
effective prior to September 1, 1995. No such standards in 84,358
1838
effect on January 1, 1993, shall be amended or repealed unless 84,359
the proposed changes are filed with the chairpersons of the 84,360
committees in the House of Representatives and the Senate that 84,361
are responsible for consideration of education legislation and 84,362
unless the proposed changes are approved through the adoption of 84,363
a concurrent resolution by a majority of the members of both the 84,364
House of Representatives and the Senate.
Any proposed changes to the minimum standards that 84,366
establish learner outcomes or that would require school districts 84,367
to implement or comply with performance-based standards for the 84,368
development of a curriculum or for the assessment of students, 84,369
shall be limited to changes that are directly related to student 84,370
academic or vocational performance. 84,371
Section 146. Federal Government Interest Requirements 84,373
Notwithstanding any provision of law to the contrary, on or 84,375
before the first day of September each fiscal year, the Director 84,376
of Budget and Management, in order to reduce the payment of 84,377
adjustments to the federal government as determined by the plan 84,378
prepared pursuant to division (A)(5) of section 126.12 of the 84,379
Revised Code, may designate such funds as the director considers 84,380
necessary to retain their own interest earnings.
Section 147. Human Services Stabilization Fund 84,382
Notwithstanding Section 177 of Am. Sub. H.B. 117 of the 84,384
121st General Assembly, accumulated interest in the Human 84,386
Services Stabilization Fund at the end of fiscal year 1997 earned 84,387
in fiscal year 1996 and fiscal year 1997 shall be transferred to 84,388
Fund 646, Low and Moderate Income Housing Trust Fund. In making
transfers from the Human Services Stabilization Fund to the 84,389
General Revenue Fund, the amount of the transfer and the federal 84,390
funds associated with that amount are hereby appropriated for the 84,392
purpose designated by the Director of Budget and Management.
Low and Moderate Income Housing Trust Fund 84,394
Any investment earnings accrued during fiscal years 1998 84,396
and 1999 in the Human Services Stabilization Fund shall be 84,397
1839
deposited to the credit of the Department of Development, Fund 84,398
646, Low and Moderate Income Housing Trust Fund. Since the 84,399
transfer of accumulated interest earnings from fiscal years 1996 84,400
and 1997, combined with the GRF appropriation in this act, should 84,401
provide sufficient operating money for the Low and Moderate 84,402
Income Housing Trust Fund in fiscal year 1998, Human Services
Stabilization Fund investment earnings for fiscal year 1998 shall 84,403
be transferred to the Low and Moderate Income Housing Trust Fund 84,404
in July of 1998, to be used for fiscal year 1999 operating. In 84,405
fiscal year 1999, there shall be three more transfers of Human 84,406
Services Stabilization fund investment earnings to the Low and 84,408
Moderate Income Housing Trust Fund. The first such transfer
shall be in January of 1999, after the first two quarters of 84,409
investment earnings have been credited to the Human Services 84,410
Stabilization Fund. The second transfer shall be in April of 84,411
1999, after third quarter investment earnings have been credited 84,412
to the Human Services Stabilization Fund. The third transfer 84,413
shall be in June 1999, after fourth quarter investment earnings 84,414
have been credited to the Human Services Stabilization Fund.
Section 148. Beginning on October 1, 1997, and for a 84,416
period of eighteen months thereafter, the Director of Human 84,417
Services has full authority to establish, change, and abolish 84,418
positions for, and to assign, reassign, classify, reclassify, 84,419
transfer, reduce, promote, or demote, all employees of the 84,420
Department of Human Services who are not subject to Chapter 4117.
of the Revised Code. If an employee is to be assigned, 84,421
reassigned, classified, reclassified, transferred, reduced, or 84,422
demoted during this eighteen-month period to a position in a 84,423
classification assigned to a pay range lower than the pay range 84,425
to which the employee's classification on the effective date of
this section is assigned, the Director or, in the case of a 84,426
transfer outside the Department, the Director of Administrative 84,427
Services shall assign the employee to the appropriate 84,428
classification and place the employee in Step X. The employee 84,429
1840
shall not receive any increase in compensation until the maximum 84,430
rate of pay for that classification exceeds the employee's 84,431
compensation. The Director of Human Services shall report to the
Speaker and Minority Leader of the House of Representatives and 84,432
the President and Minority Leader of the Senate on any actions 84,433
taken by the Director under this section regarding employees of 84,434
the Department. The Director shall make the report on an annual 84,435
basis in 1997, 1998, and 1999.
Section 149. Unexpected Refunds 84,437
If a state agency determines that all or a portion of a 84,439
fee, fine, penalty, or other nontax payment made to the state 84,440
agency is not owed, the state agency may refund from the fund 84,441
into which the payment was deposited the amount that is not owed. 84,442
If the state agency needs additional appropriation authority in 84,444
order to make a refund, the agency may request an increase in
appropriation authority as provided in this section. 84,445
For those funds for which the Controlling Board may 84,447
increase appropriation authority under section 131.35 of the 84,448
Revised Code, the state agency may submit to the Controlling 84,450
Board a request which meets all of the requirements of the board 84,451
for an increase in appropriation authority.
For those funds for which the Controlling Board cannot 84,453
increase appropriation authority under section 131.35 of the 84,454
Revised Code, upon the request of the director of a state agency 84,455
or a designee of the director, the Director of Budget and 84,456
Management may increase appropriation authority sufficient to
make a refund. The state agency shall certify to the Director of 84,457
Budget and Management that an appropriation made to the state 84,458
agency is insufficient to provide for a refund of a fee, fine, 84,459
penalty, or other nontax payment that is not owed. 84,460
Notwithstanding section 131.35 of the Revised Code and subject to
the approval of the Director of Budget and Management, the amount 84,461
required for the refund is hereby appropriated to the Office of 84,462
Budget and Management from the receipts deposited into the fund. 84,463
1841
This section does not supersede any authority to make a 84,465
refund which an agency may have under another section of law. 84,466
Section 150. Moratorium for New MR/DD Residential Facility 84,468
Beds
(A) During the period beginning July 1, 1997, and ending 84,470
June 30, 1999, the Department of Mental Retardation and 84,471
Developmental Disabilities shall not issue development approval 84,472
for, nor license under section 5123.19 of the Revised Code, new 84,473
residential facility beds for persons with mental retardation or 84,474
developmental disabilities, except that the department may 84,475
approve the development or licensure, or both, of such new beds 84,476
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 84,477
an emergency for the purposes of this section. 84,478
(B) For the purposes of division (A) of this section, the 84,480
following shall not be considered new beds: 84,481
(1) Beds relocated from one facility to another, if the 84,483
facility from which the beds are relocated reduces the number of 84,484
its beds by the same number of beds that are relocated to the 84,485
other facility;
(2) Beds to replace others that the Director of Health 84,487
determines no longer comply with the standards of the Medical 84,488
Assistance Program established under Chapter 5111. of the Revised 84,489
Code and Title XIX of the "Social Security Act," 49 Stat. 620 84,491
(1935), 42 U.S.C.A. 301, as amended.
Section 151. Ohio Veterans' Children's Home Transfer 84,493
Notwithstanding section 126.29 of the Revised Code, at any 84,495
time on or after the later of July 1, 1997, or the first day of 84,497
the first pay period commencing after the effective date of this 84,498
section, the Department of Administrative Services shall assume 84,499
the business and financial functions of the Ohio Veterans' 84,500
Children's Home.
Any business commenced but not completed by the Home that 84,502
relates to the closing and disposal of property of the Home shall 84,503
1842
be completed by the Department. Any contract or other document 84,504
that refers to the Home shall be deemed to be a reference to the 84,505
Department. The Department shall assume all responsibility 84,506
related to the layoff of employees and the final disbursement of 84,507
wages and salaries.
No action or proceeding pending on the effective date of 84,509
this section and relating to the Home is affected by this 84,510
transfer and all such action and proceedings shall be prosecuted 84,511
or defended in the name of the Department. In all such actions 84,512
and proceedings, the Department shall be substituted as a party 84,513
upon application by the appropriate entity to the court or other 84,514
appropriate tribunal.
The cancellation and reissuance of encumbrances and funds 84,516
and any other actions necessary to implement this section are 84,517
hereby authorized. Administrative records of the Home and the 84,518
remaining property at the Home shall be transferred to the 84,519
Department.
Upon completion of all business functions, but not later 84,521
than 180 days after the effective date of this section, the 84,522
Department shall request the Auditor of State to conduct a final 84,523
audit of the Home.
Section 152. (A) Every person holding a certificate under 84,526
Chapter 4731. of the Revised Code to practice medicine and
surgery, osteopathic medicine and surgery, or podiatry wishing to 84,528
renew that certificate shall apply to the State Medical Board, on 84,529
or before July 1, 1998, for a certificate of registration upon an 84,530
application furnished by the Board, and pay a fee to the Board, 84,531
and, provided the person meets the requirements of Chapter 4731. 84,532
of the Revised Code, be issued a certificate that expires 84,533
according to the following schedule:
(1) Persons whose last name begins with the letters "A" 84,535
through "B," shall pay a fee of three hundred seventy-one dollars 84,536
and apply for a certificate of registration, which shall expire 84,537
on July 1, 2001; 84,538
1843
(2) Persons whose last name begins with the letters "C" 84,540
through "D," shall pay a fee of three hundred thirty-nine dollars 84,542
and apply for a certificate of registration, which shall expire 84,543
on April 1, 2001;
(3) Persons whose last name begins with the letters "E" 84,545
through "G," shall pay a fee of three hundred seven dollars and 84,546
apply for a certificate of registration, which shall expire on 84,547
January 1, 2001; 84,548
(4) Persons whose last name begins with the letters "H" 84,550
through "K," shall pay a fee of two hundred seventy-five dollars 84,552
and apply for a certificate of registration, which shall expire 84,553
on October 1, 2000;
(5) Persons whose last name begins with the letters "L" 84,555
through "M," shall pay a fee of two hundred forty-three dollars 84,556
and apply for a certificate of registration, which shall expire 84,557
on July 1, 2000; 84,558
(6) Persons whose last name begins with the letters "N" 84,560
through "R," shall pay a fee of two hundred eleven dollars and 84,561
apply for a certificate of registration, which shall expire on 84,562
April 1, 2000; 84,563
(7) Persons whose last name begins with the letter "S," 84,566
shall pay a fee of one hundred seventy-nine dollars and apply for 84,567
a certificate of registration, which shall expire on January 1, 84,568
2000;
(8) Persons whose last name begins with the letters "T" 84,571
through "Z," shall pay a fee of one hundred forty-seven dollars 84,572
and apply for a certificate of registration, which shall expire 84,573
on October 1, 1999.
(B) The Board shall assess a penalty of twenty-five 84,575
dollars for late applications. The Board shall deposit all fees 84,576
it collects under this section into the State Treasury to the 84,577
credit of the State Medical Board Operating Fund created by 84,578
section 4731.24 of the Revised Code. 84,579
(C) On or before March 1, 1998, the Board shall mail or 84,581
1844
cause to be mailed to every person registered to practice 84,582
medicine and surgery, osteopathic medicine and surgery, or 84,583
podiatry, an application for the registration required by this 84,584
section, addressed to the last known post-office address of the 84,585
person, or may cause the application to be sent to the person 84,586
through the secretary of any recognized medical, osteopathic, or 84,587
podiatric society. Failure of any person to receive an 84,588
application from the Board does not excuse the person from the 84,589
requirements contained in section 4731.281 of the Revised Code. 84,590
Section 153. The Legislative Service Commission shall 84,592
conduct a study of the consumption of motor fuel in Ohio for 84,593
recreational boating purposes and general and business aviation 84,594
purposes. The study shall include a compilation of existing data 84,596
from previous studies and research into any new relevant data, 84,597
and shall determine: (1) the amount of motor fuel actually
consumed in Ohio for recreational boating purposes; (2) whether 84,598
the percentage of motor fuel excise tax revenue allocated to the 84,599
Waterways Safety Fund under section 5737.051 of the Revised Code 84,600
is an accurate reflection of the amount of motor fuel actually 84,601
used for recreational boating purposes; and (3) the amount of 84,602
motor fuel actually consumed in Ohio for general and business 84,603
aviation, not including that consumed by commercial air carriers 84,604
regulated under 14 C.F.R. Part 119. 84,605
On or before September 1, 1998, the Legislative Service 84,607
Commission shall report its findings to the Speaker of the House 84,608
of Representatives, the President of the Senate, the minority 84,609
leaders of the House of Representatives and the Senate, the 84,610
chairperson of the Agriculture and Natural Resources Committee of 84,612
the House of Representatives, the chairperson of the Energy,
Natural Resources, and Environment Committee of the Senate, and 84,613
the Director of Natural Resources. 84,614
Section 154. The compensation and reimbursement for 84,616
expenses added by this act to section 101.35 of the Revised Code 84,617
as amended by this act are available only to a member of the 84,618
1845
Joint Committee on Agency Rule Review whose term in the General 84,619
Assembly begins on or after the effective date of this section.
Section 155. Sections 111.15 and 119.01 of the Revised 84,621
Code, insofar as those sections are amended by this act to 84,622
clarify that rules of the Public Utilities Commission are subject 84,623
to legislative review, apply prospectively only. A rule of the 84,624
Public Utilities Commission adopted prior to the effective date 84,625
of the amendment of sections 111.15 and 119.01 of the Revised 84,626
Code, which rule was not submitted to legislative review, is 84,627
ratified, insofar as that omission otherwise may raise a question 84,629
with respect to the validity of the rule.
Section 156. Within 180 days after the effective date of 84,631
this section, the Public Utilities Commission shall assign a 84,632
review date under division (B) of section 119.032 of the Revised 84,633
Code to each of its rules that was adopted prior to the effective 84,634
date of this section. 84,635
Section 157. The General Assembly hereby requests that the 84,637
Supreme Court promptly adopt, pursuant to its authority under 84,638
Ohio Constitution, Article IV, Section 5, any rules needed to 84,640
implement the provisions of the amendments made by this act to 84,641
section 2113.07 of the Revised Code.
Section 158. (A) During the 1998 and 1999 fiscal years 84,643
the Director of Budget and Management shall take such actions as 84,644
the director determines are necessary to report the following 84,645
financial information concerning Central State University: 84,646
(1) The university's adherence to a balanced budget; 84,648
(2) The status of the current and projected cash flow of 84,650
university funds, by fund type; 84,651
(3) The status of outstanding payable accounts; 84,653
(4) The timelines of intrafund transfers; 84,655
(5) The collection of federal receipts; and 84,657
(6) The university's efforts to control bad debt expenses. 84,659
(B) The Central State University Board of Trustees shall 84,661
work in cooperation with the Director of Budget and Management to 84,662
1846
create a stable and responsible fiscal operation for the 84,663
university.
(C)(1) If in the judgment of the Director of Budget and 84,665
Management the fiscal environment at Central State University is 84,666
not meeting acceptable fiscal standards, upon written notice to 84,667
the Central State University Board of Trustees the director shall 84,668
assume responsibilities as the chief financial officer for the 84,669
institution. As chief financial officer, the director shall take 84,670
such actions the director determines are necessary to bring the
university's accounting practices into compliance with acceptable 84,671
fiscal standards. 84,672
(2) As used in this section, "acceptable fiscal standards" 84,674
includes:
(a) Continuous efforts to maintain a balanced budget as 84,676
passed by the board of trustees; 84,677
(b) Realistic projections of cash flow, by fund type; 84,679
(c) Timely payment of accounts; 84,681
(d) Timely intrafund transfers; 84,683
(e) Timely collection of federal receipts; and 84,685
(f) Sufficient efforts to control bad debt expenses. 84,687
(D) In achieving and maintaining a balanced budget, the 84,689
Central State University Board of Trustees shall maintain through 84,690
the 1998-1999 biennium its declaration of a state of financial 84,691
exigency, make budget reallocations by means other than uniform, 84,692
across-the-board budget reductions or solely from non-salary 84,693
sources, give priority to funding requests in support of general
undergraduate education, reduce academic support units before 84,694
reducing academic programs, and take other appropriate actions 84,696
that may include, but are not limited to, reducing the number of 84,697
faculty and staff.
Section 159. Whenever the Division of Real Estate or the 84,699
Superintendent of Real Estate is referred to or designated in any 84,701
statute, rule, contract, or other document, the reference or
designation shall be deemed to refer to the Division or 84,702
1847
Superintendent of Real Estate and Professional Licensing, as the 84,703
case may be. 84,704
Section 160. The State and Local Government Commission 84,706
shall study the costs to local governments of complying with the 84,707
requirements established under Am. Sub. H.B. 592 of the 117th 84,708
General Assembly and any amendments made to Chapter 343. and the 84,709
solid waste provisions of Chapter 3734. of the Revised Code after 84,710
June 24, 1988. The Commission shall complete the study and
provide a report on the results of the study, within one year 84,711
after the effective date of this section, to the President of the 84,712
Senate, the Speaker of the House of Representatives, and the 84,713
chairpersons of the House and Senate standing committees that 84,714
deal with environmental issues.
Section 161. The State Public Defender shall conduct a 84,716
study to find new sources of funds for the Legal Aid Fund 84,717
established in section 120.52 of the Revised Code as a 84,718
replacement for the funds that currently are deposited into the 84,719
Legal Aid Fund from IOTA accounts established pursuant to section 84,720
3953.231 of the Revised Code. Not later than December 31, 1997, 84,721
the State Public Defender shall submit a report to the President 84,722
of the Senate, the Speaker of the House of Representatives, the 84,723
Director of Budget and Management, and the Director of the 84,724
Legislative Budget Office of the Legislative Service Commission 84,725
in which the State Public Defender makes recommendations for new 84,726
sources of funds for the Legal Aid Fund. 84,727
Section 162. There is hereby created the Professional 84,729
Services Contract Review Committee, consisting of ten members. 84,730
One member shall be appointed by the Director of Administrative 84,732
Services, one member shall be appointed by the Director of 84,733
Rehabilitation and Correction, one member shall be appointed by 84,734
the Director of Mental Health, one member shall be appointed by 84,735
the Director of Mental Retardation and Developmental 84,736
Disabilities, one member shall be appointed by the Director of 84,737
Youth Services, one member shall be appointed by the Director of 84,738
1848
Budget and Management, two members, one from each political party 84,739
in the House of Representatives, shall be appointed by the 84,740
Speaker of the House of Representatives, and two members, one 84,741
from each political party in the Senate, shall be appointed by 84,742
the President of the Senate. Appointments to the Committee shall 84,743
be made within thirty days after the effective date of this 84,744
section. Members shall be appointed to fill vacancies in the 84,745
same manner prescribed for initial appointments to the Committee. 84,746
The President of the Senate shall designate a chairperson from 84,747
the members appointed by the President of the Senate. The 84,748
Legislative Budget Office shall provide staff to assist the 84,749
Committee, and the Department of Rehabilitation and Correction 84,750
shall provide any necessary support services. Members shall 84,751
serve without compensation and without reimbursement for travel 84,752
or other expenses incurred in the performance of their official 84,753
duties as members of the Committee. 84,754
The Committee shall review all contracts for professional 84,756
services entered into by all institutional agencies for fiscal 84,757
years 1996 and 1997, make a cost-benefit analysis of the 84,758
contracts in comparison to the use of full-time state employees 84,759
to perform the services, make recommendations for analyzing the 84,760
need for and cost efficiency of future professional services 84,761
contracts, and report its findings no later than June 30, 1998, 84,762
to the Governor, the Speaker of the House of Representatives, the 84,764
President of the Senate, the Minority Leader of the House of
Representatives, the Minority Leader of the Senate, and the 84,765
respective chairpersons of the finance committees in the House of 84,767
Representatives and Senate. Upon making the report, but not 84,768
later than June 30, 1998, the Committee shall cease to exist. 84,769
As used in this section, "institutional agencies" means the 84,771
Departments of Rehabilitation and Correction, Mental Health, 84,772
Mental Retardation and Developmental Disabilities, and Youth 84,773
Services. 84,774
Section 163. That Sections 4 and 48 of Am. Sub. H.B. 748 84,776
1849
of the 121st General Assembly be amended to read as follows: 84,777
"Sec. 4. The amendments and enactments of sections 84,779
3345.11, 3345.12, 3354.121, 3354.122, 3355.091, 3355.092, 84,780
3357.112, 3357.113, and 3358.10 of the Revised Code by this act 84,783
AM. H.B. 748 OF THE 121st GENERAL ASSEMBLY apply to any 84,785
proceedings commenced after their effective date, and, so far as 84,786
their provisions support the actions taken, also apply to any 84,787
proceedings that on their effective date are pending, in
progress, or completed, and to the obligations authorized or 84,788
issued, or agreements entered into, pursuant to those 84,789
proceedings, notwithstanding the applicable law previously in 84,790
effect or any provision to the contrary in a prior resolution or 84,791
other proceeding. Any such proceedings and obligations sold, 84,792
issued, and delivered, or agreements entered into, pursuant to
those proceedings, shall be deemed to have been taken, and 84,793
authorized, sold, issued, and delivered, or entered into, in 84,794
conformity with those amendments and enactments. 84,795
The authority provided in those sections provides 84,797
additional and supplemental provisions for the subject matter 84,798
that may also be the subject of other laws, and is supplemental 84,799
to and not in derogation of any similar authority provided by, 84,800
derived from, or implied by, the Ohio Constitution or any other
law, including laws amended by this act AM. H.B. 748 OF THE 121st 84,803
GENERAL ASSEMBLY, and no inference shall be drawn to negate the 84,805
authority thereunder by reason of express provisions contained in
those sections. 84,806
Sections 3345.11, 3345.12, 3354.121, 3354.122, 3355.091, 84,808
3355.092, 3357.112, 3357.113, and 3358.10 of the Revised Code as 84,809
amended or repealed by this act AM. H.B. 748 OF THE 121st GENERAL 84,811
ASSEMBLY shall be deemed to remain applicable to obligations 84,813
issued or agreements entered into pursuant to or in reliance on 84,814
them prior to the effective date of those amendments or repeals.
Sec. 48. All items set forth in this section are hereby 84,816
appropriated out of any moneys in the state treasury to the 84,817
1850
credit of the Mental Health Facilities Improvement Fund (Fund 84,818
033) created by division (F) of section 154.20 of the Revised 84,819
Code, derived from the proceeds of obligations heretofore and 84,820
herein authorized, to pay costs of capital facilities as defined 84,821
in section 154.01 of the Revised Code, for the Departments of 84,822
Mental Health, Mental Retardation and Developmental Disabilities, 84,823
and Alcohol and Drug Addiction Services. 84,824
Appropriations 84,825
ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES 84,826
CAP-002 Community Assistance Projects $ 2,650,000 84,829
2,850,000 84,830
CAP-003 Alcohol and Drug Addiction Center 84,831
Renovations $ 250,000 84,832
Total Department of Alcohol and Drug 84,833
Addiction Services $ 2,900,000 84,835
3,100,000 84,836
Women's Recovery Center 84,839
Of the foregoing appropriation item CAP-002, Community 84,841
Assistance Projects, $400,000 shall be used for the expansion of 84,842
the Women's Recovery Center in Greene County. 84,844
REED WAREHOUSE RENOVATION PROJECT 84,847
OF THE FOREGOING APPROPRIATION ITEM CAP-002, COMMUNITY 84,850
ASSISTANCE PROJECTS, $200,000 SHALL BE USED FOR THE RENOVATION OF 84,851
THE REED WAREHOUSE RENOVATION PROJECT IN WAYNE COUNTY. 84,853
Renovate Eyman and Allman Buildings 84,855
The foregoing appropriation item CAP-003, Alcohol and Drug 84,857
Addiction Center Renovations, shall be used to renovate the Eyman 84,858
and Allman buildings on the grounds of the Massillon Psychiatric 84,859
Center.
DMH DEPARTMENT OF MENTAL HEALTH 84,861
CAP-092 Hazardous Materials Abatement $ 750,000 84,865
CAP-479 Community Assistance Projects $ 11,500,000 84,867
CAP-906 Campus Consolidation Planning and 84,868
Development $ 1,720,000 84,869
1851
CAP-946 Demolition $ 750,000 84,871
CAP-976 Life Safety/Critical Plant Renovations $ 3,650,000 84,873
CAP-977 Patient Care and Environment 84,874
Improvements $ 10,500,000 84,875
CAP-978 Operations and Infrastructure 84,876
Improvements $ 1,850,000 84,877
CAP-981 Emergency Improvements $ 800,000 84,879
CAP-988 Telecommunications Network Development $ 500,000 84,881
Total Department of Mental Health $ 32,020,000 84,883
DMR DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 84,886
DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS 84,887
CAP-479 Community Residential Projects $ 3,000,000 84,889
CAP-480 Community Assistance Projects $ 19,400,000 84,891
CAP-848 Residential Equipment $ 649,500 84,893
CAP-886 Replacement of Underground Storage 84,894
Tanks $ 400,000 84,895
CAP-901 Razing of Buildings $ 500,000 84,897
CAP-912 Telecommunication System Improvements $ 700,000 84,899
CAP-961 Energy Conservation $ 800,000 84,901
CAP-981 Emergency Improvements $ 200,000 84,903
Total Statewide and Central Office Projects $ 25,649,500 84,905
Community Assistance Projects 84,907
The foregoing appropriation item CAP-480, Community 84,909
Assistance Projects, may be used to provide community assistance 84,910
funds for the construction or renovation of facilities for day 84,911
programs or residential programs that provide services to persons 84,912
eligible for services from the Department of Mental Retardation 84,913
and Developmental Disabilities or county boards of mental 84,914
retardation and developmental disabilities. Any funds provided 84,916
to nonprofit agencies for the construction or renovation of 84,917
facilities for persons eligible for services from the Department 84,918
of Mental Retardation and Developmental Disabilities and county 84,919
boards of mental retardation and developmental disabilities shall 84,920
1852
be governed by the prevailing wage provisions in section 176.05 84,921
of the Revised Code. 84,922
Community Residential Projects 84,924
The foregoing appropriation item CAP-479, Community 84,926
Residential Projects, may be used, notwithstanding section 84,927
5123.36 of the Revised Code, to provide funds to governmental 84,928
entities or nonprofit agencies for the development of community 84,929
residential housing for persons eligible for services from the 84,930
Department of Mental Retardation and Developmental Disabilities 84,931
and county boards of mental retardation and developmental 84,932
disabilities. 84,933
CAMBRIDGE DEVELOPMENTAL CENTER 84,935
CAP-711 Residential Renovations - CAMDC $ 325,000 84,938
CAP-910 HVAC Renovations - Residential 84,939
Buildings $ 300,000 84,940
CAP-942 Fire Alarm/Sprinkler System 84,941
Improvements $ 125,000 84,942
Total Cambridge Developmental Center $ 750,000 84,944
COLUMBUS DEVELOPMENTAL CENTER 84,947
CAP-719 Residential Renovations - CDC $ 1,000,000 84,950
CAP-915 Waterline Replacements $ 400,000 84,952
CAP-916 Electrical System Renovation $ 400,000 84,954
CAP-943 Activity Building Renovations $ 600,000 84,956
Total Columbus Developmental Center $ 2,400,000 84,958
GALLIPOLIS DEVELOPMENTAL CENTER 84,960
CAP-784 Renovate Water System $ 100,000 84,963
CAP-853 Residential Renovations - GDC $ 400,000 84,965
CAP-944 Replace Emergency Generator/Electrical 84,966
Systems $ 150,000 84,967
Total Gallipolis Developmental Center $ 650,000 84,969
MONTGOMERY DEVELOPMENTAL CENTER 84,972
CAP-945 Roof and Exterior Renovations $ 216,000 84,975
Total Montgomery Developmental Center $ 216,000 84,977
MT. VERNON DEVELOPMENTAL CENTER 84,979
1853
CAP-014 Electrical System Renovations $ 150,000 84,982
CAP-080 Renovate Main Kitchen - Rian Hall $ 450,000 84,984
CAP-808 Roof Replacement $ 150,000 84,986
CAP-856 Renovate Residential Bathrooms $ 250,000 84,988
CAP-873 Replace Waterlines $ 250,000 84,990
Total Mt. Vernon Developmental Center $ 1,250,000 84,992
NORTHWEST OHIO DEVELOPMENTAL CENTER 84,994
CAP-946 Emergency Generator Replacement $ 350,000 84,997
CAP-947 Replace Chiller $ 475,000 84,999
CAP-948 Residential Renovations - NWDC $ 300,000 85,001
Total Northwest Ohio Developmental Center $ 1,125,000 85,003
SOUTHWEST OHIO DEVELOPMENTAL CENTER 85,006
CAP-863 Residential Building Renovations - 85,008
SWDC $ 650,000 85,009
CAP-929 Program Building Renovation $ 250,000 85,011
Total Southwest Ohio Developmental Center $ 900,000 85,013
SPRINGVIEW DEVELOPMENTAL CENTER 85,015
CAP-742 Renovate Administration Building Roof $ 150,000 85,018
CAP-864 Renovation of Clark Hall $ 450,000 85,020
Total Springview Developmental Center $ 600,000 85,022
TIFFIN DEVELOPMENTAL CENTER 85,024
CAP-086 Replace Boiler Feedwater Heating and 85,026
Storage Unit $ 190,000 85,027
CAP-897 ADA Compliance Improvements - TDC $ 235,000 85,029
CAP-933 Sprinkler System Installation $ 380,000 85,031
CAP-949 Replace Doors and Windows $ 355,000 85,033
Total Tiffin Developmental Center $ 1,160,000 85,034
WARRENSVILLE DEVELOPMENTAL CENTER 85,036
CAP-867 Residential Renovations - WDC $ 75,000 85,039
CAP-950 ADA Compliance Improvements - WDC $ 110,000 85,041
CAP-951 Central Kitchen Improvements $ 60,000 85,043
Total Warrensville Developmental Center $ 245,000 85,045
YOUNGSTOWN DEVELOPMENTAL CENTER 85,047
1854
CAP-093 Administration Building/Emergency 85,049
Generator Improvements $ 25,000 85,050
CAP-871 Residential Renovations - YDC $ 315,000 85,052
CAP-905 Central Training Building Renovations $ 370,000 85,054
CAP-952 Catchbasin and Gutter Replacement $ 225,000 85,056
Total Youngstown Developmental Center $ 935,000 85,058
Total Department of Mental Retardation 85,059
and Developmental Disabilities $ 35,880,500 85,061
Total Mental Health Facilities Improvement Fund $ 70,800,500 85,063
71,000,500" 85,064
Section 164. That existing Sections 4 and 48 of Am. Sub. 85,066
H.B. 748 of the 121st General Assembly are hereby repealed. 85,067
Section 165. That Sections 5.01, 5.05, 15.02, and 19 of 85,069
Am. Sub. S.B. 264 of the 121st General Assembly be amended to 85,070
read as follows:
"Sec. 5.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 85,072
CIR-736 Asbestos Abatement - State Facilities $ 118,172 85,075
CIR-773 Governor's Residence Restoration $ 34,253 85,077
CIR-785 Rural Areas Historical Projects $ 145,000 85,079
CIR-786 Rural Areas Community Improvements $ 162,000 85,081
CIR-801 South Marginal Road Extension $ 1,000,000 85,083
CIR-804 Day Care Centers $ 842,261 85,085
CIR-816 Center for Contemporary Music $ 1,000,000 85,087
CIR-817 Urban Areas Community Improvements $ 1,500,000 85,089
1,800,000 85,091
Total Department of Administrative Services $ 4,801,686 85,093
5,101,686 85,095
Rural Areas Historical Projects 85,098
Of the foregoing appropriation item, CIR-785, Rural Areas 85,100
Historical Projects, grants shall be made for the following 85,101
projects: $70,000 for Osnaburg Historical Society - Werner Inn 85,102
renovations; $75,000 for Wayne County Courthouse renovations. 85,103
Rural Areas Community Improvements 85,105
Of the foregoing appropriation item, CIR-786, Rural Areas 85,107
1855
Community Improvements, grants shall be made for the following 85,108
projects: $12,000 for Antioch Fire Station renovations; $25,000 85,109
for Belpre Swimming Pool project; $10,000 for Shadyside Municipal 85,110
Building roof repairs; $65,000 for Tuscarawas County Home 85,112
Elevator improvements; and $50,000 for Tuscarawas County
Volunteer Fire Departments. 85,113
Urban Areas Community Improvements 85,115
Of the foregoing appropriation item, CIR-817, Urban Areas 85,117
Community Improvements, grants shall be made for the following 85,118
projects: $675,000 for Aviation Hall of Fame - Dayton; $100,000 85,119
for Aviation Trail - Dayton; $125,000 for Cleveland Playhouse 85,120
Square; $25,000 for Columbus Civic Arena development planning; 85,121
$50,000 for Columbus Symphony band shell; $125,000 for East
Cleveland City Hall renovations; $100,000 for Hanna Fountain 85,122
Restorations - Cleveland; $200,000 for Cultural Center for the 85,123
Arts-Canton; and $100,000 for Webco industrial area development - 85,124
Cleveland; $100,000 FOR MARTIN LUTHER KING CIVIC CENTER - EAST 85,126
CLEVELAND; AND $200,000 FOR KARAMU HOUSE THEATER CLEVELAND. 85,128
Sec. 5.05. BOR BOARD OF REGENTS 85,130
CIR-054 Appalachian Region - Higher Education 85,132
Facilities Improvements $ 1,159,616 85,133
Total Board of Regents $ 1,159,616 85,135
Appalachian Region - Higher Education Facilities 85,138
Improvements
The amount reappropriated for the foregoing appropriation 85,140
item CIR-054, Appalachian Region - Higher Education Facilities 85,141
Improvements, shall be $1,159,616. 85,142
Total General Revenue Fund $ 12,890,106 85,145
13,540,106 85,147
Sec. 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 85,150
CIR-807 Capital Square Renovations $ 1,963,377 85,153
CIR-809 Hazardous Substance Abatement in State 85,154
Facilities $ 2,709,599 85,156
CIR-811 Health/EPA Laboratory Facilities $ 2,014,407 85,158
1856
CIR-812 Old School for the Blind Renovation $ 188,535 85,160
CIR-814 Old Ohio School for the Blind Planning $ 375,637 85,162
CIR-815 Ohio Departments Building Renovations $ 19,422,072 85,164
CIR-821 Central Heating System Renovations $ 1,144,830 85,166
CIR-822 Americans with Disabilities Act $ 2,600,000 85,168
CIR-824 State Real Estate Inventory System $ 1,500,000 85,170
CIR-825 Columbus State Office Planning/Site 85,171
Development $ 500,000 85,173
CIR-826 Office Services Building Purchase and 85,174
Renovation $ 1,000,000 85,175
CIR-827 Statewide Communications System $ 16,426,339 85,177
CIR-830 Canton Office Building Planning $ 25,000 85,179
CIR-831 Land Acquisition $ 5,000,000 85,181
CIR-834 Develop Computerized Record Drawing 85,182
Storage $ 500,000 85,184
CIR-835 Energy Conservation Projects $ 2,288,487 85,186
CIR-836 Lausche Building RTA 85,187
Purchase/Renovations $ 6,000,000 85,189
CIR-837 Major Computer Purchases $ 16,552,729 85,191
CIR-838 SOCC Renovations $ 3,000,000 85,193
CIR-839 State/Local Government Center - 85,194
Youngstown $ 1,000,000 85,196
CIR-841 State/Local Government/Public Safety 85,197
Parking Facility - Lima $ 1,000,000 85,199
CIR-842 State/Local Government Center - 85,200
Belmont County $ 85,201
BELMONT COUNTY REGIONAL HUMAN SERVICES 85,203
BUILDING $ 900,000 85,204
CIR-843 New Veterans Home Planning $ 100,000 85,206
CIR-844 Hamilton State/Local Government Center 85,207
- Planning $ 57,500 85,209
CIR-847 Coit Road Site Improvements $ 5,408,978 85,211
Total Department of Administrative Services $ 91,677,491 85,213
Hazardous Substance Abatement in State Facilities 85,216
1857
The foregoing appropriation item CIR-809, Hazardous 85,218
Substance Abatement in State Facilities, shall be used to fund 85,219
the removal of asbestos, PCB, radon gas, and other contamination 85,221
hazards from state facilities.
Prior to the release of funds for asbestos abatement, the 85,223
Department of Administrative Services shall review proposals from 85,224
state agencies to use these funds for asbestos abatement projects 85,225
based on criteria developed by the Division of General Services 85,226
Administration which shall include, but not be limited to, 85,227
projects in state-owned buildings prioritized by the Asbestos 85,228
Risk Assessment Study authorized in Am. Sub. S.B. 386 of the 85,229
117th General Assembly, projects in which abatement is required 85,230
prior to planned renovation, abatement associated with the 85,231
renovation of the Ohio Departments Building, and emergency
projects where the need for asbestos abatement was previously 85,232
unanticipated. Upon a determination by the Department of 85,233
Administrative Services that the requesting agency cannot fund 85,234
the asbestos abatement project and/or other toxic materials
removal through existing capital and operating appropriations, 85,235
the Department may request the release of funds for such projects 85,236
by the Controlling Board. State agencies intending to fund 85,237
asbestos abatement and/or other toxic materials removal through 85,238
existing capital and operating appropriations shall notify the 85,239
Deputy Director of the Division of General Services
Administration of the nature and scope prior to commencing the 85,240
project.
Only agencies that have received appropriations for capital 85,242
projects from the Administrative Building Fund (Fund 026) are 85,243
eligible to receive funding from this item. Public school 85,244
districts are not eligible for funding from this item. 85,245
Health/EPA Laboratory Facilities 85,247
The foregoing appropriation item CIR-811, Health/EPA 85,249
Laboratory Facilities, shall be used to complete the renovation 85,250
of the state's Perry Street laboratory facility to accommodate 85,251
1858
the Department of Health Laboratory and the Environmental 85,252
Protection Agency's Water Quality Monitoring Laboratory.
Ohio Departments Building Renovations 85,254
The amount reappropriated for the foregoing appropriation 85,256
item CIR-815, Ohio Departments Building Renovations, shall be 85,257
$1,000,000 less than the sum of the unencumbered and unallotted 85,259
balances as of June 30, 1996, in the Department of Administrative
Services' Fund 026 items CAP-813, Heer Building Renovations, 85,261
CIR-813, Heer Building Renovations, and CIR-829, Warehouse 85,262
Facility.
Central Heating System Renovations 85,264
The foregoing appropriation item CIR-821, Central Heating 85,266
System Renovations, shall be used to engineer and construct 85,268
stand-alone heating systems for the Ohio Departments Building and 85,269
the Bureau of Employment Services Building in accordance with the 85,270
recommendations of the central heating system evaluation
designated in Section 15 of Am. Sub. H.B. 904 of the 119th 85,271
General Assembly.
Americans with Disabilities Act 85,273
The foregoing appropriation item CIR-822, Americans with 85,275
Disabilities Act, shall be used to renovate state-owned 85,276
facilities to provide access for physically disabled persons in 85,277
accordance with Title II of the Americans with Disabilities Act. 85,278
Prior to the release of funds for renovation, state 85,280
agencies shall perform self-evaluations of state-owned facilities 85,281
identifying barriers to access to service. State agencies shall 85,282
prioritize access barriers and develop a transition plan for the 85,283
removal of these barriers. The Department of Administrative 85,284
Services shall review proposals from state agencies to use these 85,285
funds for Americans with Disabilities Act renovations.
Only agencies that have received appropriations for capital 85,287
projects from Administrative Building Fund (Fund 026) are 85,288
eligible to receive funding from this item. Public school 85,289
districts are not eligible for funding from this item. 85,290
1859
Office Services Building Purchase and Renovation 85,292
The amount reappropriated for the foregoing appropriation 85,294
item, CIR-826, Office Services Building Purchase and Renovation, 85,295
shall be $1,000,000.
MARCS Steering Committee and Statewide Communications 85,297
System
There is hereby created a Multi-Agency Radio Communications 85,299
System Steering Committee consisting of the designees of the 85,301
Directors of Administrative Services, Public Safety, Natural
Resources, Transportation, Rehabilitation and Correction, and 85,302
Budget and Management. The Director of Administrative Services 85,303
or his designee shall chair the committee. The committee shall 85,304
provide assistance to the Director of Administrative Services for 85,305
effective and efficient implementation of the MARCS system as 85,306
well as develop policies for the ongoing management of the
system. Upon dates prescribed by the Directors of Administrative 85,308
Services and Budget and Management, the MARCS Steering Committee 85,309
shall report to the Directors as to the progress of MARCS 85,310
implementation and the development of policies related to the 85,311
system.
The foregoing appropriation item CIR-827, Statewide 85,313
Communications System, shall be used to purchase or construct the 85,314
components of the Multi-Agency Radio Communications System 85,315
(MARCS) that are not specific to any one agency. The equipment 85,316
may include but is not limited to: multi-agency equipment at the 85,317
Emergency Operations Center/Joint Dispatch Facility, computer and 85,318
telecommunication equipment used for the functioning and 85,319
integration of the system, communications towers, tower sites, 85,320
and tower equipment, and linkages among towers and between towers 85,321
and the State of Ohio Network for Integrated Communication 85,322
(SONIC) system. The Director of Administrative Services shall,
with the concurrence of the MARCS Steering Committee, determine 85,323
the specific use of funds. 85,324
Spending from this line item shall not be subject to the 85,326
1860
requirements of Chapters 123. and 153. of the Revised Code. 85,327
Energy Conservation Projects 85,329
The foregoing appropriation item CIR-835, Energy 85,331
Conservation Projects, shall be used to perform energy 85,332
conservation renovations, including the United States 85,333
Enrivonmental ENVIRONMENTAL Protection Agency's Greenlights 85,334
Program, in state-owned facilities. Prior to the release of 85,335
funds for renovation, state agencies shall have performed a 85,336
comprehensive energy audit for each project. The Department of 85,337
Administrative Services shall review and approve proposals from
state agencies to use these funds for energy conservation. 85,338
Public school districts and state-supported and 85,340
state-assisted institutions of higher education are not eligible 85,341
for funding from this item.
Lausche Building RTA Purchase and Renovations 85,343
The foregoing appropriation item CIR-836, Lausche Building 85,345
RTA Purchase and Renovations, shall be used for the purchase and 85,347
renovation of the 10th and 11th floors of the Frank J. Lausche 85,348
Building in Cleveland, Ohio, by the Ohio Building Authority 85,349
(OBA), in order to provide office space for state agencies.
The OBA shall prepare and submit a plan for the purchase of 85,351
the two floors to the Director of Administrative Services. The 85,352
plan shall include a draft of the proposed real estate purchase 85,353
contract between the OBA and the Greater Cleveland Regional 85,354
Transit Authority and a separate certification by the OBA of the 85,355
purchase price of the real estate. Based on the plan, the
Director of Administrative Services shall request the Director of 85,356
Budget and Management to release from item CIR-836 the amount 85,357
certified by the OBA to be needed for the purchase. The Director 85,358
of Budget and Management may release these funds and, upon their 85,359
release, the Director of Administrative Services shall transfer
the amount released to the OBA, which shall use the funds to 85,360
purchase the 10th and 11th floors of the Lausche Building. 85,361
The Ohio Building Authority shall prepare and submit a plan 85,363
1861
for the renovation of the 10th and 11th floors of the Lausche 85,364
Building, including a description of the work to be done, along 85,365
with estimated costs, to the Director of Administrative Services. 85,366
Based on this plan, and following the transfer of title for the 85,367
10th and 11th floors to the OBA from the Greater Cleveland
Regional Transit Authority, the Director of Administrative 85,368
Services shall request the Director of Budget and Management to 85,369
release from item CIR-836 the amount estimated by OBA to be 85,370
needed for the renovations. The Director of Budget and 85,371
Management may release these funds and, upon their release, the
Director of Administrative Services shall transfer the amount 85,372
released to the OBA which shall use the funds to pay the costs of 85,373
the renovations. Upon completion of the renovations, any funds 85,374
received by the OBA for the renovations that have not been used 85,375
shall be refunded to the Department of Administrative Services 85,376
for deposit into Fund 026 to the credit of appropriation item 85,377
CIR-836.
Major Computer Purchases 85,379
Notwithstanding Section 81 of this act, the foregoing 85,381
appropriation item, CIR-837, Major Computer Purchases, shall be 85,382
used by the Department of Administrative Services to purchase 85,383
computer equipment for the state. This equipment may include but 85,384
is not limited to mainframe computers, strings of disks, storage 85,385
units, printers, network equipment, and imaging systems.
The Director of Budget and Management shall annually 85,387
compute the amount of revenue attributable to the amortization of 85,388
all equipment purchased from this line item which is recovered by 85,389
the Department of Administrative Services as part of the rates 85,390
charged by Fund 133, Computer Services. The Director of Budget 85,391
and Management may transfer this revenue from Fund 133, Computer
Services, to the General Revenue Fund via cash transfer to offset 85,392
the debt service payments for this equipment. 85,393
Coit Road Site Improvements 85,395
The amount reappropriated for the foregoing appropriation 85,397
1862
item CIR-847, Coit Road Site Improvements, shall be the sum of 85,399
the unencumbered and unallotted balances as of June 30, 1996, in 85,400
the Department of Rehabilitation and Corrections' Fund 027 items 85,401
CAP-005, Hazardous Waste - Coit Road, CIR-005, Hazardous Waste - 85,403
Coit Road, and CAP-111, Prison Improvements and Statewide 85,404
Projects Contingency. 85,405
The Director of Budget and Management may cancel 85,407
encumbrances associated with Fund 027 appropriation items 85,408
CAP-005, Hazardous Waste - Coit Road and CIR-005, Hazardous Waste 85,410
- Coit Road, and reestablish such encumbrances or parts of
encumbrances as needed in fiscal year 1997 in Fund 026 85,411
appropriation item CIR-847, Coit Road Site Improvements, for the 85,412
same purpose and to the same vendor. As determined by the 85,414
Director, the appropriation authority necessary to reestablish 85,415
such encumbrances in fiscal year 1997 in Fund 026 for the
Department of Administrative Services is hereby authorized. The 85,416
Director shall reduce each year's appropriation balances by the 85,418
amount of the encumbrances canceled in their respective funds and 85,419
appropriation line items. All other related obligations of the 85,420
Department of Rehabilitation and Correction that are associated 85,422
with the Coit Road project are hereby transferred to the
Department of Administrative Services. 85,423
Solely for the purpose of continuing to make rental 85,425
payments under bond proceedings pursuant to Chapter 152. of the 85,426
Revised Code, this facility shall be considered to be under the 85,428
jurisdiction of the Department of Rehabilitation and Correction. 85,429
After the term of the lease agreement between the Department of 85,430
Rehabilitation and Correction and the Ohio Building Authority for
the facility, jurisdiction shall be transferred to the Department 85,431
of Administrative Services. 85,432
Sec. 19. All items set forth in this section are hereby 85,434
appropriated out of any money in the state treasury to the credit 85,435
of the Arts Facilities Building Fund (Fund 030). Revenues to the 85,437
Arts Facilities Building Fund shall consist of proceeds of 85,438
1863
obligations authorized to pay costs of the following capital 85,439
improvements:
Reappropriations 85,440
AFC ARTS FACILITIES COMMISSION 85,441
CIR-001 National Aviation Hall of Fame $ 2,000,000 85,444
CIR-002 Great Southern Opera House $ 2,400,000 85,446
CIR-003 Center of Science and Industry - 85,447
Toledo $ 7,332,610 85,448
CIR-004 Valentine Theatre $ 4,132,000 85,450
CIR-005 Center of Science and Industry - 85,451
Columbus $ 23,888,539 85,452
CIR-006 Appalachian Region - Arts Facilities $ 2,000,000 85,454
CIR-007 Karamu House Theater $ 200,000 85,456
CIR-009 Martin Luther King Civic Center $ 100,000 85,458
CIR-010 Sandusky State Theater Improvements $ 150,000 85,460
CIR-011 Riverbend Theater Improvements $ 350,000 85,462
CIR-012 Dayton Art Institute Improvements $ 2,750,000 85,464
CIR-013 Stambaugh Hall Improvements $ 600,000 85,466
CIR-014 Dayton Natural History/Children's 85,467
Museum $ 1,250,000 85,468
CIR-015 Carillon Historic Park/Wright Hall $ 200,000 85,470
CIR-016 Paul Laurence Dunbar Museum Complex $ 50,000 85,472
CIR-017 Zion Center of the National 85,473
Afro-American Museum $ 750,000 85,474
CIR-702 Campus Martius Museum/Land Office 85,475
Renovation $ 648,620 85,476
CIR-708 Museum of Ceramics Renovations $ 31,777 85,478
CIR-734 Hayes Presidential Center - Museum and 85,479
Home Improvements $ 349,068 85,480
CIR-742 Ft. Meigs Museum and Site Improvements $ 313,150 85,482
CIR-744 Zoar Village Visitor Center and 85,483
Building Renovations $ 217,789 85,484
CIR-745 Emergency Renovations of Historic 85,485
Sites and Museums $ 500 85,486
1864
CIR-747 Ft. Recovery Museum, Fort, and 85,487
Monument Improvements $ 98,745 85,488
CIR-748 Ft. Jefferson Building and Site 85,489
Improvements $ 26,399 85,490
CIR-757 Schoenbrunn Village Renovation 85,491
Restoration $ 75,464 85,492
CIR-758 Ft. Laurens Building and Site 85,493
Improvements $ 23,846 85,494
CIR-760 Goodwin-Baggott Pottery Building Site 85,495
and Exhibit $ 105,219 85,496
CIR-772 Ft. Hill Building, Site, and Exhibit 85,497
Improvements $ 90,754 85,498
CIR-774 Acquisition of Warehouses $ 2,238,817 85,500
CIR-775 Fallen Timbers Monument Restoration 85,501
and Site $ 61,018 85,502
CIR-776 Flint Ridge Building, Site, and 85,503
Exhibit Improvements $ 79,067 85,504
CIR-777 Ft. Amanda Building and Site 85,505
Improvements $ 41,794 85,506
CIR-778 Ft. Ancient Museum, Site, and Exhibit 85,507
Improvements $ 1,838,712 85,508
CIR-779 Ft. Laurens Reconstruction and Exhibit 85,509
Improvements $ 80,013 85,510
CIR-780 Harding Home Restoration $ 51,392 85,512
CIR-784 Ohio Historical Center Rehabilitation $ 1,095,040 85,514
CIR-785 Ohio Village Building Renovations and 85,515
Improvements $ 508,138 85,516
CIR-786 Piqua/Ft. Pickawillany Acquisition and 85,517
Improvements $ 1,511,746 85,518
CIR-787 Quaker Meeting House Building and 85,519
Exhibit Improvements $ 20,643 85,520
CIR-789 Neil Armstrong Air and Space Museum 85,521
Improvements $ 314,625 85,522
CIR-790 Reese-Peters Site Improvements $ 1,200,000 85,524
1865
CIR-792 Harriet Beecher Stowe Museum 85,525
Improvements $ 180,000 85,526
Total Arts Facilities Commission $ 59,355,485 85,528
58,705,485 85,530
Total Arts Facilities Building Fund $ 59,355,485 85,532
58,705,485 85,534
National Aviation Hall of Fame 85,537
The amount reappropriated for the foregoing appropriation 85,539
item CIR-001, National Aviation Hall of Fame, shall be the sum of 85,540
the unencumbered and unallotted balances as of June 30, 1996, in 85,541
items CAP-001, National Aviation Hall of Fame, and CIR-001, 85,542
National Aviation Hall of Fame, minus $2,250,000.
Appalachian Region - Arts Facilities 85,544
The amount reappropriated for the foregoing appropriation 85,546
item CIR-006, Appalachian Region - Arts Facilities, shall be 85,547
$564,612 less than the unencumbered and unallotted balance as of 85,548
June 30, 1996, in item CAP-006, Appalachian Region - Arts 85,549
Facilities.
Dayton Natural History/Children's Museum 85,551
The amount reappropriated for the foregoing appropriation 85,553
item CIR-014, Dayton Natural History/Children's Museum, shall be 85,554
$1,250,000.
Carillon Historic Park/Wright Hall 85,556
The amount reappropriated for the foregoing appropriation 85,558
item CIR-015, Carillon Historic Park/Wright Hall, shall be 85,559
$200,000.
Paul Laurence Dunbar Museum Complex 85,561
The amount reappropriated for the foregoing appropriation 85,563
item CIR-016, Paul Laurence Dunbar Museum Complex, shall be 85,564
$50,000.
Zion Center of the National Afro-American Museum 85,566
The amount reappropriated for the foregoing appropriation 85,568
item CIR-017, Zion Center of the National Afro-American Museum, 85,569
shall be $750,000."
1866
Section 166. That existing Sections 5.01, 5.05, 15.02, and 85,571
19 of Am. Sub. S.B. 264 of the 121st General Assembly are hereby 85,572
repealed.
Section 167. That Sections 13, 35, 39, 40, 51.03, 51.04, 85,574
51.06, and 52 of Am. H.B. 748 of the 121st General Assembly, as 85,575
amended by Am. Sub. S.B. 310 of the 121st General Assembly, be 85,576
amended to read as follows:
"Sec. 13. All items set forth in this section are hereby 85,578
appropriated out of any moneys in the General Revenue Fund (Fund 85,579
GRF) which are not otherwise appropriated. 85,580
Appropriations 85,582
DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 85,583
CAP-785 Rural Areas Historical Projects $ 461,000 85,586
CAP-786 Rural Areas Community Improvements $ 2,530,000 85,588
$ 3,137,000 85,589
CAP-817 Urban Areas Community Improvements $ 3,987,668 85,591
5,088,348 85,593
Total Department of Administrative Services $ 6,978,668 85,595
8,686,348 85,597
Rural Areas Historical Projects 85,600
Of the foregoing appropriation item CAP-785, Rural Areas 85,602
Historical Projects, grants shall be made for the following 85,604
projects: $140,000 for Taylorsville Inn Renovations; $25,000 for 85,605
War Monument Improvements - Windham; $196,000 for Wood County 85,606
Historical Museum Renovations; and $100,000 for Findlay Military
Museum Improvements. 85,607
Rural Areas Community Improvements 85,609
Of the foregoing appropriation item CAP-786, Rural Areas 85,611
Community Improvements, grants shall be made for the following 85,612
projects: $250,000 for Belmont County Industrial Park 85,613
Development; $100,000 for Coshocton Courthouse Renovations; 85,614
$300,000 for an Agricultural Research Facility; $125,000 for
Pritchard Laughlin Center Improvements; $100,000 for Holmes 85,616
County Courthouse Renovations; $250,000 for Water and Sewer 85,617
1867
System Improvements - Wellston; $20,000 for the Smith Field 85,618
Memorial Foundation; $100,000 for the Bethel Township Community 85,619
Center; $15,000 for the Midway Community Center; $50,000 for 85,620
Morgan County Economic Development; $100,000 for the Zanesville
Bicentennial Celebration; $50,000 for Trumpet in the Land 85,621
Improvements; $60,000 for the Belpre Swimming Pool Project; 85,622
$50,000 for West Salem Village Hall Renovations; $50,000 for 85,624
Fayette County Rail Spur Project; $50,000 for Old County Jail
Renovations - Seneca County; $50,000 for the Olivedale Senior 85,625
Citizens' Center expansion; $30,000 for the Chillicothe High 85,626
School Alumni Library; $280,000 for Orange Center Renovations; 85,627
and $125,000 to the Ashtabula County Commissioners for the 85,628
Northeast 4-H Camp to make improvements to water and sewage; 85,629
$100,000 FOR MORGAN COUNTY INFRASTRUCTURE; $500,000 FOR THE 85,631
MEDINA COUNTY ARTS CENTER; AND $7,000 FOR THE VILLAGE OF 85,632
JERUSALEM TOWN HALL. 85,633
Urban Areas Community Improvements 85,635
Of the foregoing appropriation item CAP-817, Urban Areas 85,637
Community Improvements, grants shall be made for the following 85,638
projects: $500,000 for Benjamin Rose Institute Improvements; 85,639
$666,668 for International Friendship Park Improvements; $100,000 85,640
for Flowers Civic Center Renovations; $750,000 for Lincoln 85,641
Heights Health Center; $100,000 for East Toledo Family Center
Expansion; $175,000 for Maplewood Market Project; $100,000 for 85,642
Maumee Youth Center; $250,000 for Stan Hywett Hall and Garden 85,643
Improvements; $50,000 for South Toledo Center/Glendale Satellite 85,644
Center; $100,000 for Interval Opportunity School Improvements; 85,645
$75,000 for Collinwood Center; $60,000 for the Cincinnati 85,646
Language Pilot Program; $100,000 for Steubenville Bicentennial 85,647
Celebration; $100,000 for the Cleveland Health Education Museum; 85,649
$50,000 for the Beck Arts Center Renovations; $125,000 for 85,650
Olmsted Falls Historical Footbridge; $50,000 for Henn Mansion 85,652
Renovation; $100,000 for Cleveland Heights Civic Center; and 85,654
$511,000 for CMACAO in Columbus; $500,000 FOR THE J. ASHBURN, JR. 85,655
1868
YOUTH CENTER TO BE USED FOR SITE ACQUISITION AND DEMOLITION; 85,656
$200,000 FOR THE WILLIAM HOWARD TAFT BIRTHPLACE - CINCINNATI; 85,658
$150,000 FOR THE FREEDOM HOUSE IN CLEVELAND; AND $250,680 FOR ST. 85,659
STEPHEN'S AT-RISK YOUTH CENTER IN COLUMBUS. 85,661
AFC ARTS AND SPORTS FACILITIES COMMISSION 85,662
CAP-030 Cincinnati Riverfront Development $ 166,668 85,665
CAP-035 Institute of Industrial Technology $ 333,334 85,667
Total Arts and Sports Facilities Commission $ 500,002 85,669
166,668 85,671
BES BUREAU OF EMPLOYMENT SERVICES 85,673
CAP-025 Migrant Rest Center Renovations $ 131,625 85,676
Total Bureau of Employment Services $ 131,625 85,678
OHS OHIO HISTORICAL SOCIETY 85,680
CAP-745 Emergency Renovations of Historic 85,682
Sites and Museums $ 350,000 85,683
Total Ohio Historical Society $ 350,000 85,685
DNR DEPARTMENT OF NATURAL RESOURCES 85,687
CAP-942 Local Parks Projects $ 225,000 85,690
Total Department of Natural Resources $ 225,000 85,692
Local Parks Projects 85,695
Of the foregoing appropriation item CAP-942, Local Parks 85,697
Projects, grants shall be made for the following projects: 85,698
$25,000 for River Access Park Development - Belpre; $100,000 for 85,699
Marietta Recreation Improvements; $50,000 for Toledo Pine Glen 85,700
Park Improvements; and $50,000 for Fremont City Park
Improvements.
DOT DEPARTMENT OF TRANSPORTATION 85,701
CAP-004 County Airport Improvements $ 450,000 85,704
CAP-005 Interchange Improvements - Clermont 85,705
County $ 250,000 85,706
CAP-006 Youngstown-Warren Regional Airport 85,707
Intermodal Facility Development $ 1,000,000 85,709
CAP-007 Muskingum County Intermodal Facility 85,710
Development $ 750,000 85,711
1869
Total Department of Transportation $ 2,450,000 85,713
Total General Revenue Fund $ 9,559,295 85,715
9,425,961 85,717
County Airport Improvements 85,720
Of the foregoing appropriation item CAP-004, County Airport 85,722
Improvements, grants shall be made for the following projects: 85,723
$150,000 for Brown County Airport Improvements; $150,000 for 85,725
Highland County Airport Improvements; and $150,000 for Pickaway 85,726
County Memorial Airport Improvements.
Sec. 35. All items set forth in this section are hereby 85,733
appropriated out of any moneys in the state treasury to the 85,734
credit of the Juvenile Correctional Building Fund (Fund 028). 85,735
Revenues to the Juvenile Correctional Building Fund shall consist 85,736
of proceeds of obligations authorized to pay costs of capital 85,737
facilities as defined in section 152.09 of the Revised Code for 85,738
the Department of Youth Services. 85,739
Appropriations 85,741
DYS DEPARTMENT OF YOUTH SERVICES 85,742
CAP-801 Fire Suppression, Safety and Security 85,744
Renovations $ 2,000,000 85,745
CAP-803 General Institutional Renovations $ 2,500,000 85,747
CAP-812 Community Rehabilitation Centers $ 3,000,000 85,749
CAP-821 Construct Maximum Security Facility $ 5,000,000 85,751
CAP-823 Cuyahoga Boys School 85,752
Renovation/Expansion $ 3,750,000 85,753
CAP-825 Food Service, Storeroom, Laundry and 85,754
Fence Renovations - Mohican Youth 85,755
Center $ 2,500,000 85,756
CAP-826 Program and Medical Facility 85,757
Addition/Renovation - Indian River 85,758
School $ 1,700,000 85,759
CAP-827 Facility Space Study and Improvements 85,760
Plan - TICO $ 100,000 85,761
1870
CAP-828 Multi-Agency Radio Communications 85,762
System Equipment $ 431,000 85,763
CAP-829 Local Juvenile Detention Centers $ 22,885,000 85,765
Total Department of Youth Services $ 43,866,000 85,767
Community Rehabilitation Centers 85,770
From the foregoing appropriation item CAP-812, Community 85,772
Rehabilitation Centers, the Department of Youth Services shall 85,773
designate the projects involving the construction and renovation 85,774
of single county and multi-county community corrections 85,775
facilities for which the Ohio Building Authority is authorized to 85,776
issue obligations. 85,777
The Department of Youth Services is authorized to review 85,779
and approve the renovation and construction of projects for which 85,780
funds are provided. The proceeds of any obligations authorized 85,781
under this section shall not be applied to any such facilities 85,782
which are not designated and approved by the Department of Youth 85,783
Services. 85,784
The Department of Youth Services shall adopt guidelines to 85,786
accept and review applications and designate projects. Those 85,787
guidelines shall require the county or counties to justify the 85,788
need for the facility and to comply with timelines for the 85,789
submission of documentation pertaining to the site, program, and 85,790
construction. 85,791
For purposes of this section, "community corrections 85,793
facilities" shall have the same meaning as in section 5139.36 of 85,795
the Revised Code.
PORTAGE/GEAUGA JUVENILE DETENTION CENTER 85,799
OF THE FOREGOING APPROPRIATION ITEMS CAP-812, COMMUNITY 85,802
REHABILITATION CENTERS, AND CAP-828, MULTI-AGENCY RADIO 85,803
COMMUNICATIONS SYSTEMS EQUIPMENT, $144,000 AND $401,000, 85,804
RESPECTIVELY, SHALL BE USED TO RENOVATE THE PORTAGE/GEAUGA 85,806
JUVENILE DETENTION CENTER.
Local Juvenile Detention Centers 85,808
From the foregoing appropriation item, CAP-829, Local 85,810
1871
Juvenile Detention Centers, the Department of Youth Services 85,812
shall designate the projects involving the construction and 85,813
renovation of county and multi-county juvenile detention centers 85,814
for which the Ohio Building Authority is authorized to issue
obligations. 85,815
The Department of Youth Services is authorized to review 85,817
and approve the renovation and construction of projects for which 85,818
funds are provided. The proceeds of any obligations authorized 85,819
under this section shall not be applied to any such facilities 85,820
that are not designated by the Department of Youth Services. 85,821
The Department of Youth Services shall comply with the 85,823
guidelines set forth below, accept and review applications, 85,825
designate projects, and determine the amount of state match
funding to be applied to each project. The department shall, 85,826
with the advice of the county or counties participating in a 85,828
project, determine the funded design capacity of the detention 85,829
centers that are designated to receive funding. Notwithstanding 85,830
any provisions to the contrary contained in Chapter 152. or 153. 85,831
of the Revised Code, the Department of Youth Services is
authorized to coordinate, review, and monitor the drawdown and 85,832
use of funds for the renovation and construction of projects for 85,834
which designated funds are provided. 85,835
(A) The Department of Youth Services shall develop a 85,837
formula to determine the amount, if any, of state match that may 85,838
be provided to a single or multi-county detention center project. 85,839
The formula shall include the factors specified below in 85,840
subdivision (A)(1) and may include the factors specified below: 85,841
(1) The number of detention center beds needed in the 85,843
county or group of counties, as estimated by the Department of 85,845
Youth Services, is significantly more than the number of beds 85,846
currently available;
(2) Any existing detention center in the county or group 85,848
of counties does not meet health, safety or security standards 85,851
for detention centers as established by the Department of Youth 85,852
1872
Services;
(3) The Department of Youth Services projects that the 85,854
county or group of counties have a need for a sufficient number 85,856
of detention beds to make the project economically viable. 85,857
(4) The percentage of children in the county or group of 85,860
counties living below the poverty level is above the state 85,861
average;
(5) The per capita income in the county or group of 85,863
counties is below the state average; 85,865
(6) The absence of a detention center within a county that 85,867
is not a participant in a regional detention center. 85,868
The formula developed by the Department of Youth Services 85,870
shall yield a percentage of state match ranging from 0 per cent 85,871
to 60 per cent based on the above factors. Notwithstanding the 85,872
foregoing provisions, if a single county or multi-county system 85,873
currently has no detention center beds, then the percentage of 85,874
state match shall be not less than 35 per cent. To determine the 85,876
dollar amount of the state match for new construction projects, 85,877
the percentage of state match shall be multiplied by $105,000 per 85,878
bed for detention centers with a designated capacity of 99 beds
or less, and by $130,000 per bed for detention centers with a 85,879
design capacity of 100 beds or more. To determine the dollar 85,880
amount of the state match for renovation projects the percentage 85,881
match shall be multiplied by the actual cost of the renovation, 85,882
provided that the cost of the renovation does not exceed $80,000 85,883
per bed. The funding authorized under this section that may be
applied to a construction or renovation project shall not exceed 85,884
the actual cost of the project. 85,885
The funding authorized under this section shall not be 85,887
applied to any project unless the detention center will be built 85,888
in compliance with health, safety, and security standards for 85,889
detention centers as established by the Department of Youth 85,890
Services. In addition, the funding authorized under this section
shall not be applied to the renovation of a detention center 85,891
1873
unless the renovation is for the purpose of increasing the number 85,892
of beds in the center, or to meet health, safety, or security 85,893
standards for detention centers as established by the Department 85,894
of Youth Services.
Sec. 39. All items set forth in this section are hereby 85,896
appropriated out of any money in the state treasury to the credit 85,897
of the Arts Facilities Building Fund (Fund 030). Revenues to the 85,898
Arts Facilities Building Fund shall consist of proceeds of 85,900
obligations authorized to pay costs of the following capital 85,901
improvements:
Appropriations 85,902
AFC ARTS AND SPORTS FACILITIES COMMISSION 85,903
CAP-002 Great Southern Opera House $ 1,500,000 85,906
CAP-004 Valentine Theatre $ 9,500,000 85,908
CAP-005 Center for Science and Industry - 85,909
Columbus $ 20,000,000 85,910
CAP-016 Paul Laurence Dunbar State Memorial 85,911
Renovations $ 225,954 85,912
CAP-018 Adena State Memorial Renovations and 85,913
Exhibit Planning $ 477,338 85,914
CAP-019 Ohio Village Education Center 85,915
Construction and Equipment $ 735,000 85,916
CAP-020 Piqua Historical Area Buildings, 85,917
Exhibits and Site Renovations $ 400,000 85,919
CAP-021 Ohio Historical Center - Archives and 85,920
Library Shelving $ 470,169 85,921
CAP-022 National Afro-American Museum - 85,922
Carnegie Library Renovations $ 223,768 85,923
CAP-023 National Afro-American Museum - 85,924
Demolition of Shorter Hall $ 240,000 85,925
CAP-028 Ohio Ceramic Center $ 216,024 85,927
CAP-029 Cincinnati Riverfront Development $ 333,332 85,929
CAP-031 William Howard Taft Birthplace 85,930
Education Center $ 200,000 85,931
1874
CAP-032 Cincinnati Art Museum $ 500,000 85,933
CAP-033 Woodward Opera House Renovation $ 300,000 85,935
CAP-034 Institute of Industrial Technology $ 666,666 85,937
1,000,000 85,939
CAP-035 Ritz Theatre Renovations $ 500,000 85,941
CAP-037 Canton Palace Theatre Renovations $ 500,000 85,943
CAP-039 Allen Theatre $ 1,500,000 85,945
CAP-040 City of Cleveland Lakefront Park 85,946
Development $ 1,600,000 85,947
CAP-041 Cleveland Play House $ 500,000 85,949
CAP-702 Campus Martius Museum Renovations $ 202,702 85,951
CAP-734 Hayes Presidential Center - Museum and 85,952
Home Improvements $ 1,000,000 85,953
CAP-742 Fort Meigs Museum and Exhibit 85,954
Improvements $ 850,000 85,955
CAP-744 Zoar Village Visitor Center and 85,956
Building Renovations $ 100,000 85,957
CAP-745 Emergency Renovations of Historic 85,958
Sites and Museums $ 150,000 85,959
CAP-772 Fort Hill Building, Site, and Exhibit 85,960
Improvements $ 716,212 85,961
CAP-776 Flint Ridge Building, Site, and 85,962
Exhibit Improvements $ 600,000 85,963
CAP-778 Fort Ancient Building, Site, and 85,964
Exhibit Improvements $ 612,715 85,965
CAP-781 Historical Center - Archives and 85,966
Library Automation $ 1,500,000 85,967
CAP-784 Ohio Historical Center Rehabilitation $ 750,000 85,969
CAP-785 Ohio Village Building Renovations and 85,970
Improvements $ 500,000 85,971
CAP-789 Neil Armstrong Air and Space Museum 85,972
Improvements $ 193,294 85,973
CAP-791 Harrison Tomb and Site Renovations $ 88,550 85,975
Total Arts Facilities Commission $ 47,851,724 85,977
1875
43,885,058 85,979
Sec. 40. The Ohio Building Authority is hereby authorized 85,982
to issue and sell, in accordance with the provisions of Section 85,983
2i of Article VIII, Ohio Constitution, and Chapter 152. of the 85,984
Revised Code, and other applicable sections of Ohio law, original 85,985
obligations in an aggregate principal amount not to exceed 85,986
$42,700,000 in addition to the original issuance of obligations 85,988
heretofore authorized by prior acts of the General Assembly to 85,989
pay costs of capital facilities as defined in division (A)(5) of 85,990
section 152.09 of the Revised Code, including construction as 85,991
defined in division (H) of section 3383.01 of the Revised Code, 85,992
of the Ohio arts facilities designated in Section 39 of this act 85,993
AM. H.B. 748 OF THE 121st GENERAL ASSEMBLY, the owners or holders 85,995
of which shall have no right to have excises or taxes levied by 85,996
the General Assembly for the payment of principal of or interest 85,997
on those obligations. The Ohio Building Authority may expend the 85,998
proceeds from the sale of those obligations and all available 85,999
receipts, as defined in division (A)(8) of section 152.09 of the 86,000
Revised Code, with respect to such Ohio arts facilities for those 86,001
costs. The designated Ohio arts facilities capital improvements 86,002
for which appropriations are made from the Arts Facilities 86,003
Building Fund (Fund 030) are determined to be capital 86,004
improvements for the housing of branches and agencies of state 86,005
government, and are the capital facilities to which proceeds of 86,006
the obligations authorized herein are to be applied. 86,007
Notwithstanding any other provision of law, the Ohio Arts 86,009
Facilities Commission shall acquire in the name of the State of 86,010
Ohio, including but not limited to by lease, any real property or 86,011
real property interests necessary or appropriate for the 86,012
designated Ohio arts facilities, the Ohio Building Authority 86,013
shall acquire from the Ohio Arts and Sports Facilities Commission 86,014
interests in such real property or real property interests 86,015
necessary or appropriate for the Authority's purposes, and the 86,016
Ohio Building Authority shall lease the designated Ohio arts 86,017
1876
facilities, including but not limited to its real property 86,018
interests, to the Ohio Arts and Sports Facilities Commission in 86,019
accordance with division (D) of section 152.24 of the Revised 86,020
Code.
Any lease, sublease, or other provision for use of any of 86,022
the designated Ohio arts facilities by an arts organization 86,023
between the Ohio Arts and Sports Facilities Commission and an 86,024
arts organization shall be subject to approval by the Ohio 86,025
Building Authority. 86,026
Sec. 51.03. UNIVERSITY OF AKRON 86,028
CAP-008 Basic Renovations $ 3,501,034 86,031
CAP-049 Basic Renovations - Wayne $ 115,975 86,033
CAP-064 Student Services Center - Phase II $ 6,000,000 86,035
CAP-077 Leigh Hall Rehabilitation $ 6,000,000 86,037
CAP-078 HVAC Replacement, Phase I - Wayne $ 660,000 86,039
CAP-079 ASEC Science/Technology Library 86,040
Rehabilitation $ 2,080,000 86,041
CAP-080 University of Akron/Medina Technology 86,042
Link $ 500,000 86,043
Total University of Akron $ 18,857,009 86,045
BOWLING GREEN STATE UNIVERSITY 86,047
CAP-009 Basic Renovations $ 3,295,064 86,050
CAP-054 University Hall Rehabilitation, Phase 86,051
III - Theaters $ 230,000 86,052
CAP-060 Basic Renovations - Firelands $ 186,482 86,054
CAP-082 Hanna Hall Rehabilitation $ 4,885,000 86,056
CAP-083 Central Heating Plant Replacement, 86,057
Phase II $ 4,905,080 86,058
CAP-086 Health Center - Second Floor 86,059
Renovation $ 1,676,000 86,060
Total Bowling Green State University $ 15,177,626 86,062
CENTRAL STATE UNIVERSITY 86,064
CAP-022 Basic Renovations $ 836,327 86,067
CAP-053 Roof Replacements - Phase IV $ 254,980 86,069
1877
CAP-079 Banneker Hall Rehabilitation, Phase 86,070
III $ 1,125,000 86,071
CAP-080 Campus Security Improvements $ 453,500 86,073
Total Central State University $ 2,669,807 86,075
UNIVERSITY OF CINCINNATI 86,077
CAP-009 Basic Renovations $ 6,335,999 86,080
CAP-018 Basic Renovations - Clermont $ 155,574 86,082
CAP-025 Design, Art, Architecture, Planning 86,083
Supplement $ 2,000,000 86,084
CAP-054 Raymond Walters Renovations $ 228,505 86,086
CAP-112 College Conservatory of Music $ 18,350,000 86,088
CAP-127 New Classroom/Laboratory Building - 86,089
Clermont $ 651,200 86,090
CAP-128 Science and Allied Health Building - 86,091
Walters $ 10,800,000 86,092
CAP-133 Visitors' Center $ 2,400,000 86,094
CAP-168 International Friendship Park $ 1,333,332 86,096
CAP-174 Classroom/Teaching Lab Renovations $ 6,050,000 86,098
CAP-175 Student Information System $ 2,500,000 86,100
CAP-176 Network Expansion $ 2,000,000 86,102
CAP-177 Critical Building Component 86,103
Renovations $ 6,036,000 86,104
CAP-178 Utility Extension/Site Development - 86,105
Walters $ 1,400,000 86,106
CAP-191 CINCINNATI ART MUSEUM $ 500,000 86,109
CAP-192 CINCINNATI RIVERBEND THEATER $ 350,000 86,112
Total University of Cincinnati $ 60,240,610 86,114
$ 61,090,610 86,115
CLEVELAND STATE UNIVERSITY 86,117
CAP-023 Basic Renovations $ 3,115,544 86,120
CAP-073 CLEVELAND PLAYHOUSE $ 500,000 86,122
CAP-112 Land Acquisitions $ 2,000,000 86,124
CAP-067 17th-18th Street Block $ 11,189,000 86,126
CAP-103 WCPN Radio Renovations $ 250,000 86,128
1878
CAP-109 Classroom Upgrade $ 1,937,320 86,130
CAP-110 Technology Infrastructure $ 2,000,000 86,132
CAP-111 Intermuseum Laboratory $ 500,000 86,134
CAP-113 BioMedical Research $ 1,000,000 86,136
Total Cleveland State University $ 21,991,864 86,138
22,491,864 86,140
The foregoing appropriation, CAP-113, BioMedical Research, 86,143
shall be used for the purchase of biomedical related equipment. 86,144
KENT STATE UNIVERSITY 86,145
CAP-008 Severance Hall Improvements $ 5,200,000 86,148
CAP-022 Basic Renovations $ 3,479,135 86,150
CAP-105 Basic Renovations - East Liverpool $ 107,913 86,152
CAP-106 Basic Renovations - Geauga $ 48,644 86,154
CAP-107 Basic Renovations - Salem $ 94,054 86,156
CAP-108 Basic Renovations - Stark $ 296,267 86,158
CAP-110 Basic Renovations - Ashtabula $ 180,008 86,160
CAP-111 Basic Renovations - Trumbull $ 230,533 86,162
CAP-112 Basic Renovations - Tuscarawas $ 175,751 86,164
CAP-157 Moulton Hall Rehabilitation - Phase II $ 4,650,000 86,166
CAP-158 Auditorium Building Rehabilitation - 86,167
Phase II $ 6,000,000 86,168
CAP-162 Science and Technology Building - 86,169
Trumbull $ 3,750,000 86,170
CAP-176 Midway Drive Utilities Tunnel, Phase 86,171
II $ 4,100,000 86,172
CAP-177 Business and Industry Outreach 86,173
Facility, Phase I - Stark $ 1,240,800 86,174
CAP-178 Undergraduate Studies Rehabilitation $ 768,000 86,176
CAP-179 Boiler Repairs/EPA $ 850,000 86,178
Total Kent State University $ 31,171,105 86,180
MIAMI UNIVERSITY 86,182
CAP-018 Basic Renovations $ 3,423,093 86,185
CAP-066 Basic Renovations - Hamilton $ 222,057 86,187
CAP-069 Basic Renovations - Middletown $ 228,232 86,189
1879
CAP-070 Chilled Water System - Phase VI $ 1,000,000 86,191
CAP-089 High Voltage Electric - Phase VI $ 500,000 86,193
CAP-096 McGuffey Hall Rehabilitation - Phase 86,194
II $ 4,000,000 86,195
CAP-098 Computer Network Installation - Phase 86,196
II $ 4,000,000 86,197
CAP-111 Roudebush Hall Rehabilitation $ 4,000,000 86,199
CAP-112 Chilled Water Loop, Phase I - Hamilton $ 400,000 86,201
CAP-113 Special Academic/Administrative 86,202
Projects - Hamilton $ 366,920 86,203
CAP-114 Chilled Water Loop, Phase I - 86,204
Middletown $ 750,000 86,205
CAP-115 Special Academic/Administrative 86,206
Projects - Middletown $ 506,640 86,207
CAP-116 Hughes Hall Rehabilitation - Phase I $ 500,000 86,209
CAP-117 North Campus Refrigeration/Chilled 86,210
Water Plant $ 1,664,000 86,211
Total Miami University $ 21,560,942 86,213
OHIO STATE UNIVERSITY 86,215
CAP-074 Basic Renovations $ 15,625,563 86,218
CAP-149 Basic Renovations - Regional Campuses $ 574,200 86,220
CAP-254 Basic Renovations - ATI $ 430,321 86,222
CAP-255 Supplemental Renovations - OARDC $ 1,760,000 86,224
CAP-292 Life Sciences Research Building $ 21,817,000 86,226
CAP-293 College of Business Facilities $ 24,240,000 86,228
CAP-302 Food Science and Technology Building $ 9,999,000 86,230
CAP-304 Conference Center - OARDC/ATI $ 2,100,000 86,232
CAP-363 School of Architecture Facility $ 8,233,280 86,234
CAP-369 Natural Habitat Research Site 86,235
Improvements $ 4,500,000 86,236
CAP-425 Physical Sciences Building $ 4,000,000 86,238
CAP-426 Utilities Upgrade and Extension - 86,239
Mansfield $ 682,000 86,240
1880
CAP-427 Morrill Hall Remodeling - Vacated 86,241
Library Space - Marion $ 485,760 86,242
CAP-428 Capital Equipment - OARDC $ 3,000,000 86,244
CAP-430 Hagerty Hall Rehabilitation $ 1,000,000 86,246
CAP-431 Sisson Hall Replacement $ 1,600,000 86,248
CAP-432 Columbus Speech and Hearing Center $ 1,000,000 86,250
CAP-433 Central Chilled Water Plant - OARDC $ 4,800,000 86,252
Total Ohio State University $ 105,847,124 86,254
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTIONS 9.33, 86,257
123.01, AND 3345.50 AND CHAPTER 153. OF THE REVISED CODE, THE 86,258
OHIO STATE UNIVERSITY MAY NEGOTIATE, ENTER INTO, AND LOCALLY 86,259
ADMINISTER A CONTRACT WHICH COMBINES THE DESIGN AND CONSTRUCTION 86,260
ELEMENTS OF THE PROJECT INTO A SINGLE CONTRACT FOR THE FEED MILL 86,261
REPLACEMENT PROJECT, FUNDED WITH APPROPRIATIONS IN THE FOREGOING 86,262
APPROPRIATION ITEM CAP-255, SUPPLEMENTAL RENOVATIONS-OARDC, 86,263
INCLUDING AN ANTICIPATED APPROPRIATION TO BE MADE IN THE 86,264
APPROXIMATE AMOUNT OF $4,700,000. 86,265
OHIO UNIVERSITY 86,266
CAP-020 Basic Renovations $ 4,103,593 86,269
CAP-021 Conservancy District Access 86,270
Improvements and Assessment $ 750,000 86,271
CAP-086 Memorial Auditorium Rehabilitation $ 1,920,000 86,273
CAP-094 Bentley Hall Renovation $ 5,519,600 86,275
CAP-095 Basic Renovations - Eastern $ 114,406 86,277
CAP-098 Basic Renovations - Lancaster $ 187,303 86,279
CAP-099 Basic Renovations - Zanesville $ 207,742 86,281
CAP-113 Basic Renovations - Chillicothe $ 196,867 86,283
CAP-114 Basic Renovations - Ironton $ 59,859 86,285
CAP-115 Bennett Hall Rehabilitation, Phase IV 86,286
- Chillicothe $ 440,000 86,287
CAP-141 College of Health & Human Services 86,288
Renovation, Phase I $ 10,000,000 86,289
CAP-142 Health Professions (Biological 86,290
Sciences) Labs $ 2,000,000 86,291
1881
CAP-144 Shannon Hall Laboratory 86,292
Rehabilitation, Phase I - Eastern $ 440,000 86,293
CAP-155 Brasee Hall Rehabilitation, Phase I - 86,294
Lancaster $ 600,000 86,295
CAP-156 Herrold Hall Renovation - Lancaster $ 148,000 86,297
CAP-172 Elson Hall Rehabilitation, Phase I - 86,298
Zanesville $ 704,000 86,299
Total Ohio University $ 27,391,370 86,301
SHAWNEE STATE UNIVERSITY 86,303
CAP-004 Basic Renovations $ 665,004 86,306
CAP-039 Central Heating Plant Replacement $ 1,236,400 86,308
Total Shawnee State University $ 1,901,404 86,310
UNIVERSITY OF TOLEDO 86,312
CAP-010 Basic Renovations $ 3,478,451 86,315
CAP-062 Pharmacy, Chemistry and Life Sciences 86,316
Facility $ 6,500,000 86,317
CAP-071 Southwest Academic Center 86,318
Rehabilitation - Phase I $ 9,582,000 86,319
CAP-076 Engineering Science Rehabilitation - 86,320
Phase I $ 2,030,160 86,321
Total University of Toledo $ 21,590,611 86,323
WRIGHT STATE UNIVERSITY 86,325
CAP-015 Basic Renovations $ 2,703,370 86,328
CAP-055 Fawcett Hall Rehabilitation - Phase IV $ 800,000 86,330
CAP-064 Basic Renovations - Lake $ 90,554 86,332
CAP-072 Access Circulation $ 2,000,000 86,334
CAP-094 Campus Services Building $ 2,700,000 86,336
CAP-095 Technology Infrastructure $ 3,300,000 86,338
CAP-097 National Center for Composite Systems 86,339
Technology - Phase I $ 10,500,000 86,340
Total Wright State University $ 22,093,924 86,342
YOUNGSTOWN STATE UNIVERSITY 86,344
CAP-014 Basic Renovations $ 2,193,963 86,347
CAP-085 College of Education - Auditorium $ 3,300,000 86,349
1882
CAP-091 Fiber Optic Network Installation - 86,350
Phase II $ 2,500,000 86,351
CAP-092 Butler Institute - National Center for 86,352
the Study of American Art $ 2,000,000 86,354
CAP-103 Meshel Hall Rehabilitation $ 560,000 86,356
Total Youngstown State University $ 10,553,963 86,358
MEDICAL COLLEGE OF OHIO 86,361
CAP-010 Basic Renovations $ 1,211,074 86,364
CAP-048 Medical Infomatics Data Highway $ 1,280,000 86,366
CAP-049 Center for Classrooms of the Future $ 4,000,000 86,368
Total Medical College of Ohio $ 6,491,074 86,370
NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF MEDICINE 86,373
CAP-018 Basic Renovations $ 350,117 86,376
CAP-035 Primary Care Medicine/Community Health 86,377
Sciences Educ. Bldg. $ 3,489,547 86,378
CAP-036 Computer Services Networking Renov. & 86,379
Expansion - Phase I $ 1,045,880 86,380
Total Northeastern Ohio Universities College 86,381
of Medicine $ 4,885,544 86,383
CINCINNATI STATE TECHNICAL AND COMMUNITY COLLEGE 86,386
CAP-008 Interior Renovations $ 1,000,000 86,389
CAP-009 Exterior Rehabilitations $ 122,000 86,391
CAP-013 Basic Renovations $ 638,619 86,393
CAP-023 Supplemental Renovations - Fire Alarm $ 550,000 86,395
Total Cincinnati State Technical and 86,396
Community College $ 2,310,619 86,398
CLARK STATE COMMUNITY COLLEGE 86,401
CAP-006 Basic Renovations $ 401,472 86,404
CAP-029 Shull Hall Rehabilitation $ 350,000 86,406
CAP-033 Recreational Outreach Facility $ 500,000 86,408
CAP-035 Parking Lots Renovation - Downtown 86,409
Campus $ 222,000 86,410
Total Clark State Community College $ 1,473,472 86,412
COLUMBUS STATE COMMUNITY COLLEGE 86,415
1883
CAP-006 Basic Renovations $ 820,577 86,418
CAP-007 Land Acquisition $ 3,520,000 86,420
CAP-037 Academic Center "C" $ 11,500,000 86,422
Total Columbus State Community College $ 15,840,577 86,424
CUYAHOGA COMMUNITY COLLEGE 86,427
CAP-031 Basic Renovations $ 2,064,225 86,430
CAP-033 Ohio College of Podiatric Medicine $ 400,000 86,432
CAP-055 Technology Learning Center, Phase II - 86,433
Metro $ 1,575,000 86,434
CAP-064 Technology Learning Center - Western $ 2,550,000 86,436
CAP-065 Exterior Lighting and Site 86,437
Improvements - Eastern $ 262,680 86,438
CAP-026 PLAYHOUSE SQUARE $ 1,500,000 86,440
Total Cuyahoga Community College $ 6,851,905 86,442
8,351,905 86,444
EDISON STATE COMMUNITY COLLEGE 86,447
CAP-006 Basic Renovations $ 267,724 86,450
Total Edison State Community College $ 267,724 86,452
JEFFERSON COMMUNITY COLLEGE 86,454
CAP-022 Basic Renovations $ 188,676 86,457
Total Jefferson Community College $ 188,676 86,459
LAKELAND COMMUNITY COLLEGE 86,461
CAP-006 Basic Renovations $ 652,392 86,464
CAP-021 Performing Arts Center Renovation $ 150,000 86,466
CAP-028 Athletic, Fitness, Teaching Center 86,467
Expansion - Planning $ 100,000 86,468
CAP-029 North Parking Lot Expansion/Softball 86,469
Field $ 350,000 86,470
CAP-030 Business and Community Education 86,471
Center $ 2,000,000 86,472
CAP-031 North and West Loop Road $ 40,000 86,474
Total Lakeland Community College $ 3,292,392 86,476
LORAIN COMMUNITY COLLEGE 86,479
CAP-005 Basic Renovations $ 857,539 86,482
1884
Total Lorain Community College $ 857,539 86,484
NORTHWEST STATE COMMUNITY COLLEGE 86,487
CAP-003 Basic Renovations $ 152,664 86,490
CAP-015 A-Wing Supplemental 86,491
Renovation/Distance Learning $ 483,007 86,492
CAP-016 ImagiNet $ 500,000 86,494
Total Northwest State Community College $ 1,135,671 86,496
OWENS COMMUNITY COLLEGE 86,499
CAP-019 Basic Renovations $ 851,384 86,502
CAP-022 Findlay Campus Instructional Building $ 2,000,000 86,504
CAP-030 Math Science Building $ 3,515,600 86,506
Total Owens Community College $ 6,366,984 86,508
RIO GRANDE COMMUNITY COLLEGE 86,511
CAP-005 Basic Renovations $ 249,875 86,514
CAP-013 College of Business $ 633,600 86,516
Total Rio Grande Community College $ 883,475 86,518
SINCLAIR COMMUNITY COLLEGE 86,521
CAP-007 Basic Renovations $ 1,663,048 86,524
CAP-042 Autolab/Fire Science Facility $ 4,500,000 86,526
CAP-043 Technology Extension System $ 2,500,000 86,528
CAP-045 Facilities Management Facility $ 40,000 86,530
Total Sinclair Community College $ 8,703,048 86,532
SOUTHERN STATE COMMUNITY COLLEGE 86,535
CAP-010 Basic Renovations $ 221,130 86,538
CAP-019 New North Campus Facility $ 1,689,600 86,540
Total Southern State Community College $ 1,910,730 86,542
TERRA STATE COMMUNITY COLLEGE 86,545
CAP-009 Basic Renovations $ 342,299 86,548
CAP-016 Capital Equipment $ 440,000 86,550
Total Terra State Community College $ 782,299 86,552
WASHINGTON STATE COMMUNITY COLLEGE 86,555
CAP-006 Basic Renovations $ 151,442 86,558
CAP-097 Library Construction $ 2,500,000 86,561
Total Washington State Community College $ 2,651,442 86,563
1885
For the purpose of the debt service allocation policy, 86,566
funds appropriated to the foregoing appropriation line item 86,567
CAP-097, Library Construction shall be treated as follows. There 86,568
shall be no debt service deduction above the college's capital 86,569
component allocation. The shortfall in the difference between 86,570
the debt service deduction and the college's capital component 86,571
allocation shall accumulate until the college's allocation 86,572
exceeds its annual deduction for the debt service on the library.
These excess allocations shall then be applied to the accumulated 86,573
shortfall until such time as the accumulated shortfall has been 86,574
recovered.
BELMONT TECHNICAL COLLEGE 86,576
CAP-008 Basic Renovations $ 188,079 86,579
Total Belmont Technical College $ 188,079 86,581
CENTRAL OHIO TECHNICAL COLLEGE 86,584
CAP-003 Basic Renovations $ 207,388 86,587
Total Central Ohio Technical College $ 207,388 86,589
HOCKING TECHNICAL COLLEGE 86,592
CAP-019 Basic Renovations $ 342,519 86,595
CAP-025 Natural Resources Multipurpose 86,596
Building $ 1,222,750 86,597
CAP-032 Public Safety Service $ 3,900,000 86,599
CAP-033 Light and Oakley Halls $ 750,000 86,601
CAP-034 Student Center $ 350,000 86,603
Total Hocking Technical College $ 6,565,269 86,605
LIMA TECHNICAL COLLEGE 86,608
CAP-004 Basic Renovations $ 211,547 86,611
CAP-009 Life & Physical Sciences $ 14,475,000 86,613
CAP-011 Industrial & Engineering Technologies $ 2,715,000 86,615
Total Lima Technical College $ 17,401,547 86,617
MARION TECHNICAL COLLEGE 86,620
CAP-004 Basic Renovations $ 123,424 86,623
CAP-009 Technical Education Center Renovation $ 323,840 86,625
Total Marion Technical College $ 447,264 86,627
1886
MUSKINGUM AREA TECHNICAL COLLEGE 86,630
CAP-007 Basic Renovations $ 215,778 86,633
Total Muskingum Area Technical College $ 215,778 86,635
NORTH CENTRAL TECHNICAL COLLEGE 86,638
CAP-003 Basic Renovations $ 350,206 86,641
Total North Central Technical College $ 350,206 86,643
STARK TECHNICAL COLLEGE 86,646
CAP-004 Basic Renovations $ 389,415 86,649
CAP-021 Addition to the Advanced Technology 86,650
Center $ 1,056,000 86,651
Total Stark Technical College $ 1,445,415 86,653
Total Higher Education Improvement Fund $ 548,337,011 86,655
551,187,011 86,656
Sec. 51.04. Debt Service Formula Allocation 86,659
Based on the foregoing appropriations for Fund 034, the 86,661
Higher Education Improvement Fund, the following higher education 86,662
institutions shall be responsible for the specified amounts as 86,663
part of the debt service component of the instructional subsidy 86,664
beginning in fiscal year 1998: University of Akron $ 14,080,000 86,667
University of Akron - Wayne $ 660,000 86,669
Bowling Green State University $ 11,696,080 86,671
Central State University $ 1,833,480 86,673
University of Cincinnati $ 36,936,000 86,675
University of Cincinnati - Clermont $ 651,200 86,677
University of Cincinnati - Walters $ 923,615 86,679
Cleveland State University $ 17,126,320 86,681
Kent State University $ 16,368,000 86,683
Kent State University - Stark $ 1,240,800 86,685
Kent State University - Trumbull $ 3,750,000 86,687
Miami University $ 15,664,000 86,689
Miami University - Hamilton $ 766,920 86,691
Miami University - Middletown $ 1,256,640 86,693
Ohio State University $ 70,889,280 86,695
1887
Ohio State University - Mansfield $ 682,000 86,697
Ohio State University - Marion $ 485,760 86,699
Ohio University $ 18,989,600 86,701
Ohio University - Eastern $ 440,000 86,703
Ohio University - Chillicothe $ 440,000 86,705
Ohio University - Lancaster $ 748,000 86,707
Ohio University - Zanesville $ 704,000 86,709
Shawnee State University $ 1,236,400 86,711
University of Toledo $ 18,112,160 86,713
Wright State University $ 8,800,000 86,715
Youngstown State University $ 8,360,000 86,717
Medical College of Ohio $ 5,280 86,719
Northeastern Ohio Universities College 86,720
of Medicine $ 1,930,999 86,721
Cincinnati State Technical and Community 86,722
College $ 1,672,000 86,723
Clark State Community College $ 572,000 86,725
Columbus State Community College $ 3,520,000 86,727
Cuyahoga Community College $ 4,387,680 86,729
Lakeland Community College $ 2,640,000 86,731
Northwest State Community College $ 483,007 86,733
Owens Community College $ 4,375,737 86,735
Rio Grande Community College $ 633,600 86,737
Sinclair Community College $ 7,040,000 86,739
Southern State Community College $ 1,689,600 86,741
Terra State Community College $ 440,000 86,743
Hocking Technical College $ 1,100,000 86,745
Lima Technical College $ 3,708,009 86,747
Marion Technical College $ 323,840 86,749
Stark Technical College $ 1,056,000 86,751
Institutions not listed above shall not have a debt service 86,754
obligation in fiscal year 1998. 86,755
Within sixty days after the effective date of this act AM. 86,757
H.B. 748 OF THE 121st GENERAL ASSEMBLY, any institution of higher 86,760
1888
education may notify the Board of Regents of its intention not to
proceed with any project appropriated in this act. Upon 86,761
receiving notification, the Board of Regents may release the 86,762
institution from its debt service obligation for the specific 86,763
project.
Within ninety days after the effective date of this 86,765
section, the Board of Regents shall submit for approval by the 86,766
Director of Budget and Management, a list of projects and project 86,767
amounts for which each higher education institution shall be 86,768
responsible as part of the debt service component of the
instructional subsidy beginning in fiscal year 1998. 86,769
Sec. 51.06. The foregoing capital improvements for which 86,771
appropriations are made from the Higher Education Improvement 86,772
Fund (Fund 034) are determined to be capital improvements and 86,773
capital facilities for state-supported or state-assisted 86,774
institutions of higher education, and are designated as the
capital facilities to which proceeds of obligations in the Higher 86,775
Education Improvement Fund, created by section 154.21 of the 86,776
Revised Code, are to be applied. All such appropriations are 86,777
made to the Ohio Public Facilities Commission for application to 86,778
the purposes for which appropriated through the exercise of its 86,779
powers under Chapter 154. of the Revised Code, including where
appropriate, provisions thereunder for production of revenues and 86,780
receipts for bond service charges on such obligations. 86,781
The Ohio Public Facilities Commission is hereby authorized 86,783
to issue and sell, in accordance with the provisions of Section 86,784
2i of Article VIII, Ohio Constitution, and Chapter 154. of the 86,785
Revised Code, particularly section 154.21 of the Revised Code, 86,786
original obligations in an aggregate principal amount not to 86,787
exceed $ 559,000,000 in addition to the original issuance of 86,788
obligations heretofore authorized by prior acts of the General 86,789
Assembly to pay costs of capital facilities for state-supported 86,790
and state-assisted institutions of higher education, the owners 86,791
of which obligations shall have no right to have excises or taxes 86,792
1889
levied by the General Assembly for the payment of principal 86,793
thereof or interest thereon.
Sec. 52. All items set forth in this section are hereby 86,795
appropriated out of any moneys in the state treasury to the 86,796
credit of the Parks and Recreation Improvement Fund (Fund 035) 86,797
created by division (F) of section 154.22 of the Revised Code, 86,798
derived from the proceeds of obligations heretofore and herein
authorized, to pay costs of capital facilities, as defined in 86,799
section 154.01 of the Revised Code, for parks and recreation. 86,800
Appropriations 86,802
DNR DEPARTMENT OF NATURAL RESOURCES 86,804
CAP-017 INDIAN LAKE $ 3,500,000 86,807
CAP-234 State Parks Campgrounds, Lodges and 86,808
Cabins $ 5,650,000 86,809
CAP-331 Parks Boating Facilities $ 775,000 86,811
CAP-702 Upgrade Underground Fuel Storage Tanks $ 3,500,000 86,813
CAP-703 Cap Abandoned Water Wells $ 250,000 86,815
CAP-727 Riverfront Improvements $ 4,350,000 86,817
CAP-748 Local Parks Projects $ 900,000 86,819
2,500,000 86,821
CAP-827 Cuyahoga Valley Scenic Railroad $ 1,066,666 86,823
CAP-836 State Park Renovations/Upgrading $ 275,000 86,825
CAP-881 Dam Rehabilitation $ 250,000 86,827
CAP-928 Handicapped Accessibility $ 250,000 86,829
CAP-929 Hazardous Waste/Asbestos Abatement $ 1,500,000 86,831
CAP-931 Wastewater/Water Systems Upgrades $ 2,000,000 86,833
Total Department of Natural Resources $ 20,766,666 86,835
25,866,666 86,837
INDIAN LAKE 86,840
OF THE FOREGOING APPROPRIATION ITEM CAP-017, INDIAN LAKE, 86,843
$3,500,000 SHALL BE USED TO ACQUIRE LAND AT INDIAN LAKE IN LOGAN 86,844
COUNTY.
Muskingum River Parkway - McConnelsville Boat Ramp 86,846
Of the foregoing appropriation item CAP-331, Parks Boating 86,848
1890
Facilities, $775,000 shall be spent for the Muskingum River 86,851
Parkway - McConnelsville Boat Ramp.
Local Parks Projects 86,853
Of the foregoing appropriation item CAP-748, Local Parks 86,855
Projects, $200,000 shall be used for West Woods Park Upgrade - 86,857
Geauga County; $100,000 shall be used for Belmont Park District 86,858
Improvements; $200,000 shall be used for Ravenna Community Park 86,859
Development; $75,000 shall be used for Patricia Allyn Park, 86,860
$20,000 shall be used for Franklin Park, $25,000 shall be used
for Franklin Township Park, $20,000 shall be used for Franklin 86,861
Pool, $30,000 shall be used for Morrow Nature Preserve, $100,000 86,863
shall be used for Nannie Rogers Park, $55,000 shall be used for 86,865
Clearcreek Park; and $75,000 shall be used for Dover Recreational 86,866
Facilities Improvements; AND $1,600,000 FOR LAKEFRONT PARK 86,867
DEVELOPMENT - CLEVELAND.
Indian Lake Improvements 86,869
Of the foregoing appropriation, CAP-881, Dam 86,870
Rehabilitation, $225,000 shall be used for Indian Lake 86,871
Improvements, located in Logan County."
Section 168. That existing Sections 13, 35, 39, 40, 51.03, 86,873
51.04, 51.06, and 52 of Am. H.B. 748 of the 121st General 86,874
Assembly, as amended by Am. Sub. S.B. 310 of the 121st General 86,875
Assembly, are hereby repealed.
Section 169. That Section 4 of Sub. H.B. 167 of the 121st 86,877
General Assembly, as amended by Sub. H.B. 710 of the 121st 86,878
General Assembly, be amended to read as follows: 86,879
"Sec. 4. (A) As used in this section, "poverty guideline" 86,886
means the official poverty guideline as revised annually by the 86,888
United States Secretary of Health and Human Services in 86,889
accordance with section 673 of the "Community Services Block 86,890
Grant Act, 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended, for
a family size equal to the size of the family of the person whose 86,892
income is being determined. 86,893
(B) The Department of Human Services shall establish the 86,896
1891
Adult NON-TANF Emergency Assistance Program. Notwithstanding 86,899
Section 60.08 of Am. Sub. H.B. 117 of the 121st General Assembly, 86,901
of the amount appropriated by that act to the Department as WITH 86,902
FUNDS IN appropriation line item 400-512, Employment NON-TANF 86,903
EMERGENCY Assistance, $3,000,000 in fiscal year 1996 and 86,905
$3,000,000 in fiscal year 1997 shall be used by the Department to 86,906
fund the Adult Emergency Assistance Program.
Funds appropriated for the Adult NON-TANF Emergency 86,909
Assistance Program shall be used to assist persons age eighteen 86,910
or older who are not eligible for assistance under the Family 86,911
Emergency Assistance Program established under section 5107.16 of 86,912
the Revised Code THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 86,913
PROGRAM AUTHORIZED BY EXECUTIVE ORDER 96-73V and have incomes not 86,915
greater than 32 40 per cent of the poverty guideline with 86,917
emergency needs such as INCLUDING food, clothing, and shelter, 86,919
AND OTHER ESSENTIAL GOODS OR SERVICES. The funds shall be used 86,920
for direct payments to, or on behalf of, eligible persons. 86,921
(C) As soon as possible after the start of fiscal year 86,923
1996 YEARS 1998 AND 1999, the DEPARTMENT SHALL DISTRIBUTE, IN A 86,925
SINGLE PAYMENT, THE FUNDS APPROPRIATED THAT FISCAL YEAR FOR THE 86,926
NON-TANF EMERGENCY ASSISTANCE PROGRAM TO THE Ohio State Set-Aside 86,928
Committee of the Federal Emergency Management Agency shall make
recommendations to the Department of Human Services and the 86,929
General Assembly on the allocation, by county, of Adult Emergency 86,930
Assistance Program funds for that fiscal year. On receipt of the 86,931
recommendations, the Department shall distribute, in a single 86,932
payment for each county, the amount allocated for each county. 86,933
Each county's allocation shall be paid to a nonprofit entity that 86,934
serves as the county's emergency food and shelter board. If an 86,935
entity acts as the emergency food and shelter board for two
counties, the allocation for both counties shall be paid to it. 86,936
The entities that receive allocations from the Department 86,938
under the Adult Emergency Assistance Program in fiscal year 1996 86,940
may use program funds for administrative expenses, but an entity 86,941
1892
that receives an allocation from the Department may not use for 86,942
administrative expenses more than three per cent of the amount it 86,944
receives under the Program. The Department may distribute in 86,945
fiscal year 1996 to the Set-Aside Committee for its 86,946
administrative expenses under the Program an amount not exceeding 86,948
three per cent of the amount appropriated for the Program. 86,949
(D) As soon as possible after the start of fiscal year 86,952
1997, the Department shall distribute the appropriation for the 86,954
Adult Emergency Assistance Program in a single payment to the 86,958
Set-Aside Committee or to a fiscal agent designated by the 86,961
Committee. The Committee shall determine the amount of the 86,963
appropriation to be allocated to each county, and the Committee 86,964
or its fiscal agent shall distribute the allocations to the 86,965
counties. Each county's allocation shall be paid to the A 86,967
NONPROFIT entity that serves as the county's emergency food and 86,969
shelter board or to a fiscal agent designated by the entity. If 86,971
an entity serves as the emergency food and shelter board for more 86,972
than one county, the allocation for each of those counties shall 86,973
be paid to that entity.
The Committee may reallocate funds during fiscal year 1997 86,976
YEARS 1998 AND 1999 based on its determination of local needs and 86,978
expenditures.
The Committee or its fiscal agent may use up to three per 86,981
cent of the fiscal year 1997 YEARS 1998 AND 1999 appropriation 86,982
for administrative expenses. The Committee may allow any county 86,984
entity receiving funds under this section in fiscal year 1997 or 86,985
YEARS 1998 AND 1999, the entity's fiscal agent, OR AN ENTITY 86,987
DESIGNATED BY THE COUNTY ENTITY to use up to three FOUR per cent 86,988
of its THE COUNTY'S allocation for administrative expenses. 86,990
(E)(D) If any local entity returns unexpended fiscal year 86,992
1996 Adult 1998 NON-TANF Emergency Assistance funds to the 86,996
Department STATE SET-ASIDE COMMITTEE, the COMMITTEE SHALL RETURN 86,999
THE FUNDS TO THE DEPARTMENT. THE Department shall seek approval 87,000
from the Controlling Board to transfer the unexpended funds to 87,002
1893
increase the fiscal year 1997 1999 appropriation for Adult 87,004
NON-TANF Emergency Assistance. If the Controlling Board approves 87,008
the increase, the Department shall distribute the increased 87,009
appropriation to the State Set-Aside Committee or its fiscal 87,012
agent. The Committee may allocate, distribute, and reallocate 87,014
the additional funds in the same manner as other fiscal year 1997 87,015
Adult 1999 NON-TANF Emergency Assistance funds. 87,018
(F)(E) Each entity receiving funds under this section 87,021
shall report to the Set-Aside Committee, in the form and manner 87,024
required by the Committee, information regarding the entity's use 87,026
of the funds. The Committee shall compile the information 87,028
received from these reports and provide it to the Department and 87,029
the General Assembly. The Committee shall provide the Department 87,033
and the General Assembly with the information pertaining to 87,036
fiscal year 1996 no later than August 29, 1996. It shall provide 87,038
the information pertaining to SEPTEMBER 30 OF EACH fiscal year 87,039
1997 no later than August 29, 1997." 87,040
Section 170. That existing Section 4 of Sub. H.B. 167 of 87,042
the 121st General Assembly, as amended by Sub. H.B. 710 of the 87,043
121st General Assembly, is hereby repealed. 87,044
Section 171. That Section 3 of Am. Sub. S.B. 20 of the 87,046
120th General Assembly be amended to read as follows: 87,047
"Sec. 3. Not later than two years after the effective date 87,049
of this act JANUARY 1, 1998, the Director of Public Safety and 87,051
the Registrar of Motor Vehicles shall adopt rules in accordance 87,052
with Chapter 119. of the Revised Code to require ESTABLISH A 87,053
PILOT PROGRAM REQUIRING that persons randomly selected WITHIN THE 87,054
PILOT PROGRAM according to a method developed by the Director and 87,055
Registrar be required to verify the existence of proof of 87,056
financial responsibility. NOT LATER THAN JANUARY 1, 2000, THE 87,058
REGISTRAR SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF 87,059
THE REVISED CODE TO ESTABLISH A PERMANENT PROGRAM REQUIRING THAT
PERSONS RANDOMLY SELECTED ON A STATEWIDE BASIS BE REQUIRED TO 87,060
VERIFY THE EXISTENCE OF PROOF OF FINANCIAL RESPONSIBILITY. In 87,061
1894
adopting the rules, the Director and the Registrar may consider 87,063
relevant findings and recommendations of the Task Force on the
Enforcement of the Financial Responsibility Laws of Ohio." 87,065
Section 172. That existing Section 3 of Am. Sub. S.B. 20 87,067
of the 120th General Assembly is hereby repealed. 87,068
Section 173. That Section 184 of Am. Sub. H.B. 152 of the 87,071
120th General Assembly, as amended by Am. Sub. H.B. 117 of the
121st General Assembly, be amended to read as follows: 87,072
"Sec. 184. Section 3745.25 of the Revised Code is hereby 87,074
repealed, effective June 30, 1997 1999." 87,075
Section 174. That existing Section 184 of Am. Sub. H.B. 87,077
152 of the 120th General Assembly, as amended by Am. Sub. H.B. 87,078
117 of the 121st General Assembly, is hereby repealed. 87,079
Section 175. That Section 5 of Sub. S.B. 223 of the 121st 87,081
General Assembly be amended to read as follows: 87,082
"Sec. 5. Notwithstanding the educational requirements 87,084
specified in division (B)(3) of section 4757.23 of the Revised 87,086
Code, as renumbered and amended by this act SUB. S.B. 223 OF THE 87,088
121st GENERAL ASSEMBLY, for eighteen months following the 87,090
effective date of this act, an individual holding WHO GRADUATES 87,091
ON OR BEFORE SEPTEMBER 18, 1998, WHO HOLDS only a master's degree 87,092
in counseling may be eligible to receive a license as a 87,094
professional counselor by completing the following:
(A) Sixty quarter hours of graduate credit in counselor 87,096
training acceptable to the Counselors Professional Standards 87,097
Committee of the Counselor and Social Worker Board; 87,098
(B) Not less than three years of supervised experience in 87,100
counseling of a type approved by the Committee, two years of 87,101
which must be completed after the award of the individual's 87,102
master's degree." 87,103
Section 176. That existing Section 5 of Sub. S.B. 223 of 87,105
the 121st General Assembly is hereby repealed. 87,106
Section 177. That Section 201 of Am. Sub. H.B. 117 of the 87,108
121st General Assembly, as amended by Am. Sub. H.B. 210 of the 87,109
1895
122nd General Assembly, is hereby repealed. 87,110
Section 178. That Section 33 of Am. S.B. 206 of the 119th 87,112
General Assembly, as amended by Am. Sub. H.B. 152 of the 120th 87,113
General Assembly, be amended to read as follows: 87,114
"Sec. 33. The enactment of section 3701.89 of the Revised 87,117
Code by Amended Senate Bill No. 206 SUB. H.B. 391 of the 119th 87,119
120th General Assembly is intended to distribute the remaining 87,120
moneys of the Stabilization Reserve Fund created by former 87,121
section 3929.74 of the Revised Code to the hospitals and 87,123
individual physicians on whose behalf the moneys were originally 87,124
contributed. It is further intended to provide that all moneys 87,125
not distributed to hospitals or physicians be paid to the Ohio 87,126
Medical Quality Foundation created by section 3701.89 of the 87,127
Revised Code. Section 3701.89 of the Revised Code is not 87,128
intended to bar or in any manner determine or impair whatever 87,129
rights the original payor of the moneys may have to recover some 87,130
or all of the funds distributed from a particular hospital or 87,131
individual physician that receives funds distributed from the 87,132
Stabilization Reserve Fund. 87,133
In connection with the distribution of the funds, no cause 87,135
of action shall be asserted against the Joint Underwriting 87,136
Association created by section 3929.72 of the Revised Code, its 87,138
individual board members, officers, employees, and agents, no 87,139
cause of action shall be asserted against the Stabilization 87,140
Reserve Fund, its individual board members, officers, employees, 87,141
and agents, no cause of action shall be asserted against the Ohio 87,142
Fair Plan Underwriting Association created by section 3929.43 of 87,144
the Revised Code, its board of governors, individual board 87,145
members, members, officers, employees, and agents, and no cause 87,146
of action shall be asserted against the Ohio Medical Quality 87,147
Foundation, its individual trustees, officers, employees, and 87,148
agents.
The Superintendent of Insurance shall cause notice of the 87,150
proposed distribution of the remaining moneys in the 87,151
1896
Stabilization Reserve Fund to be published in a newspaper of 87,152
general circulation in each county of this state for three 87,153
consecutive weeks. The notice shall advise that each person 87,154
having a claim against the remaining moneys in the Fund must 87,155
present the claim to the Superintendent within 180 days after the 87,156
Superintendent causes notice to be given pursuant to this 87,157
paragraph. 87,158
In determining the plan of distribution for the remaining 87,160
moneys in the Fund, the Superintendent shall give consideration 87,161
to each claim presented and advise each claimant as to whether 87,162
the claim has been accepted or rejected. 87,163
In the event a timely claim is presented and has been 87,165
rejected by the Superintendent, suit may be brought upon the 87,166
rejected claim in the Court of Common Pleas of Franklin County. 87,168
The parties to any such action on a rejected claim shall be 87,169
limited to the claimant and the Superintendent. Any such action 87,170
shall be brought within one year of the date the claimant
receives written notice that the claim has been rejected, or the 87,171
cause of action is forever barred. 87,172
A claim that is not presented to the Superintendent within 87,174
180 days of the date the Superintendent gives notice pursuant to 87,175
this section shall be forever barred as to all parties, and no 87,176
payment shall be made nor any action maintained on the claim. 87,177
In distributing the remaining moneys of the Stabilization 87,179
Reserve Fund, the Superintendent, as soon as reasonably possible, 87,180
shall determine an amount of fund moneys necessary as a final 87,182
reserve for rejected claims and the remaining expenses of the 87,183
Fund, including the expenses of the distribution. The 87,184
Superintendent also shall determine the amount of Fund moneys to 87,185
which each hospital or physician is entitled hereunder, and shall 87,186
order transmission of those moneys from the Stabilization Reserve 87,187
Fund to the Joint Underwriting Association which shall act as the 87,188
agent of the Superintendent for the purpose of distributing the 87,189
Stabilization Reserve Fund moneys to be distributed. The 87,190
1897
Superintendent shall direct and control the Joint Underwriting 87,191
Association with respect to all activities undertaken in 87,192
connection with the distribution of the moneys. 87,193
The Joint Underwriting Association shall distribute the 87,195
moneys to each hospital or physician as entitled hereunder by 87,196
delivery of a draft to the last known address of such individual 87,197
or policyholder, except for those moneys determined by the 87,198
Superintendent to be a final reserve. This distribution shall be 87,199
made as soon as reasonably possible after the effective date of 87,200
Amended Senate Bill No. AM. S.B. 206 of the 119th General 87,202
Assembly. 87,203
The Joint Underwriting Association shall continue to hold 87,205
the final reserve moneys until ordered by the Superintendent to 87,206
make a final distribution to the Ohio Medical Quality Foundation. 87,207
During the time period the Joint Underwriting Association is 87,209
holding this final reserve, the Superintendent may order from 87,210
time to time distributions from the final reserve for the payment 87,211
of expenses connected with the distribution, any actions on 87,212
rejected claims, the winding up of the affairs of the 87,213
Stabilization Reserve Fund, and, whenever appropriate, interim 87,214
distributions to the Ohio Medical Quality Foundation. THE 87,216
STABILIZATION RESERVE FUND SHALL REMAIN IN EXISTENCE UNTIL ALL 87,217
MONEYS IN THE FUND ARE DISTRIBUTED AS SET FORTH IN THIS SECTION. 87,218
In the event that the Joint Underwriting Association and 87,221
its Board of Governors are dissolved by the Superintendent 87,222
pursuant to section 3929.721 of the Revised Code prior to the 87,223
distribution of the remaining moneys in the Stabilization Reserve 87,225
Fund, the Ohio Fair Plan Underwriting Association shall act as 87,227
agent of the Superintendent for the purpose of distributing the 87,228
Fund moneys to be distributed under this section and assuming all 87,229
responsibilities designated for the Joint Underwriting 87,230
Association by this section. The Superintendent may order 87,231
transmission of Fund moneys to the Ohio Fair Plan Underwriting 87,233
Association consistent with the Superintendent's determination 87,234
1898
under this section of the appropriate distribution of moneys in 87,235
the Fund."
Section 179. That existing Section 33 of Am. S.B. 206 of 87,237
the 119th General Assembly, as amended by Am. Sub. H.B. 152 of 87,238
the 120th General Assembly, is hereby repealed. 87,239
Section 180. Ohio Departments Building 87,241
(A) As used in this section: 87,243
(1) "Repair and renovate" and "repair and renovation" 87,245
include, but are not limited to, planning, programming, design, 87,246
constructions, furnishing, and equipping of the Ohio Departments 87,247
Building;
(2) "Appropriation" means appropriation items CAP-815 and 87,249
CAP-849 of Am. H.B. 748 of the 121st General Assembly, 87,250
appropriation items CIR-815 and CIR-831 of Am. Sub. S.B. 264 of 87,251
the 121st General Assembly, and any subsequent appropriations 87,252
made to or for the benefit of the Supreme Court for the repair
and renovation of the Ohio Departments Building. 87,253
(B) The appropriation shall be used by or at the direction 87,255
of the Supreme Court of Ohio for the repair and renovation of the 87,256
Ohio Departments Building as follows: 87,257
(1) A portion shall be used by the Department of 87,259
Administrative Services for the repair and renovation of the 87,260
exterior, roof, and grounds of the Ohio Departments Building; 87,261
(2) The remaining portion shall be used after January 1, 87,263
1998 by the Ohio Building Authority for other expenses associated 87,264
with the repair and renovation of the Ohio Departments Building, 87,265
including, but not limited to, the interior and grounds of the 87,266
Building.
(C) The Ohio Building Authority, with the prior approval 87,268
of the Supreme Court, shall submit a plan and cost estimate of 87,269
repair and renovation set forth in division (B)(2) of this 87,270
section to the Department of Administrative Services. Based upon 87,271
the plan, the Director of Administrative Services shall request 87,272
the Director of Budget and Management to release from the
1899
appropriation the estimated amount. The Director of Budget and 87,273
Management may release the funds and, upon their release, the 87,274
Director of Administrative Services shall transfer the amount 87,275
released to the Ohio Building Authority, which shall use the 87,276
funds, and any investment earnings on the funds and other
available receipts as defined in section 152.09 of the Revised 87,277
Code, to pay the costs of the repair and renovation. 87,278
(D) Upon completion of the repair and renovation: 87,280
(1) Any unused funds released to the Department of 87,282
Administrative Services or the Ohio Building Authority shall be 87,283
refunded to the Office of Budget and Management; 87,284
(2) The Supreme Court shall own, operate, and manage the 87,286
Ohio Departments Building. 87,287
(E) The Supreme Court may enter into contracts or other 87,289
agreements with the Department of Administrative Services, the 87,290
Ohio Building Authority, another state entity, or a private 87,291
contractor to operate and manage the Ohio Departments Building. 87,292
(F) To assist the Ohio Building Authority, the Department 87,294
of Administrative Services and the Supreme Court may assign, 87,295
amend, or enter into any necessary or appropriate leases, 87,296
contracts, or agreements relating to the Ohio Departments 87,297
Building to or with the Ohio Building Authority upon terms 87,298
satisfactory to all parties.
Section 181. Disposition of Objects with Historic or 87,300
Symbolic Significance 87,301
(A) Notwithstanding sections 125.12 and 125.13 of the 87,304
Revised Code, each of the following items of historic or symbolic 87,305
significance at the Ohio Veteran's Childrens Home shall be
transferred to the Ex-Pupils Association of the Ohio Veterans' 87,307
Children's Home if the Home ceases to exist as a facility for 87,308
children and families and the grounds of the Home are renovated 87,309
or refurbished so that any of the following occur to that item: 87,310
(1) The signs, graystone main entrance, and cannon mounted 87,312
thereon are removed. 87,313
1900
(2) The power plant whistle is dismantled so it cannot be 87,315
heard throughout the city of Xenia. 87,316
(3) Buildings are razed, converted, or destroyed so that 87,318
building names, plaques, and other memorial mountings are 87,319
destroyed or removed from their present site. 87,320
(4) The cornerstone of the Academic Building is opened. 87,322
(5) The top of the flag pole is removed. 87,324
(B) The items described in division (A) of this section 87,326
shall be transferred to the Association of Ex-Pupils at no cost, 87,327
for placement in its museum. If the Association ceases to exist 87,328
or operate the Museum, these items shall be offered to the Greene 87,329
County Historical Society. If the Society declines to accept any 87,331
such item, the item shall be offered to the Ohio Historical 87,332
Society. If the Ohio Historical Society declines to accept any 87,333
such item, the item shall be offered to the Ohio Veterans' Home. 87,334
If the Ohio Veterans' Home declines to accept any such item, the 87,335
item is subject to sections 125.12 and 125.13 of the Revised 87,336
Code. All offerings of items to the Greene County Historical 87,337
Society, Ohio Historical Society, or Ohio Veterans' Home shall be 87,338
accepted or declined not later than 90 days after the date the 87,339
item is offered.
(C) Notwithstanding sections 125.12 and 125.13 of the 87,341
Revised Code, if the Ohio Veterans' Children's Home is sold or 87,342
transferred, all remaining property, including moveable and fixed 87,344
assets, shall be transferred in place on the date of transfer of 87,345
the facility to the party that by law will take physical 87,346
possession of the property. Prior to this transfer, only chattel 87,347
property at the Home may be transferred to other state agencies 87,348
or to the Division of State Surplus Property in the Department of 87,349
Administrative Services.
Section 182. The client payment fund, which the public 87,351
defender reimbursement fund was renamed in this act through the 87,352
amendments to sections 120.04, 120.33, and 2941.51 of the Revised 87,353
Code, is the continuation of the public defender reimbursement 87,354
1901
fund.
Section 183. Governor's Community Service Council 87,356
The administrative duties of the Department of Youth 87,358
Services pertaining to the Governor's Community Service Council 87,359
as imposed by section 121.40 of the Revised Code are transferred 87,360
to the Governor's Community Service Council on July 1, 1997. 87,361
The Council shall employ, promote, supervise, and remove 87,363
employees as needed in connection with the performance of its 87,365
duties under section 121.40 of the Revised Code and may assign 87,366
duties to employees to the extent necessary to achieve the most 87,367
efficient performance of its duties and functions, and to that 87,368
end may establish, change, or abolish positions, and assign and 87,369
reassign duties and responsibilities of employees of the Council. 87,371
Employees of the Department of Youth Services, as 87,373
determined by the collective bargaining agreement in force on the 87,374
effective date of this section, who are the direct staff of the 87,375
Governor's Community Service Council shall be transferred to and 87,376
become employees of the Council on July 1, 1997.
Employees transferred under this section shall retain their 87,378
civil service qualifications and status. Effective with the 87,379
first pay period in which personnel services expenses are charged 87,380
against fiscal year 1998 appropriations, the transferred 87,381
employees shall retain their respective civil service 87,382
classifications and status and any rights conferred by Chapter
4117. of the Revised Code as it now exists or is hereafter 87,383
amended. Nothing in section 121.40 of the Revised Code, as 87,384
amended by this act, shall be construed as eliminating or 87,385
interfering with Chapter 4117. of the Revised Code, or the rights 87,386
and benefits conferred under that chapter to public employees or
to any bargaining unit provided by collective bargaining 87,387
agreements negotiated under Chapter 4117. of the Revised Code. 87,388
Notwithstanding section 124.13 of the Revised Code, all 87,390
vacation leave time and other benefits earned by these employees 87,391
of the Department of Youth Services shall be deemed to have been 87,392
1902
earned by them as employees of the Council.
Effective July 1, 1997, whenever reference is made in any 87,394
law, contract, or document to the functions of the Department of 87,395
Youth Services as fiscal agent to the Governor's Community 87,396
Service Council, the reference shall be deemed to refer to the 87,397
Department of Aging, and "fiscal agent" has the meaning given in
division (D) of section 121.40 of the Revised Code as amended by 87,398
this act. The Department of Aging shall have no responsibility 87,399
for or obligation to the Council prior to July 1, 1997. Any 87,400
validation, cure, right, privilege, remedy, obligation, or 87,401
liability shall be retained by the Council.
On or before July 1, 1997, the Department of Aging and the 87,403
Council shall enter into an agreement regarding the relationship 87,404
between the Department of Aging as fiscal agent and the Council. 87,405
On or before July 1, 1997, the Department of Youth Services 87,407
and the Department of Aging shall enter into an agreement for the 87,408
transfer of all assets, books, records, documents, files, 87,409
transcripts, and other material pertaining to the Council. 87,410
The Council shall maintain its office in Columbus and may 87,412
hold sessions at any place within the state. 87,413
The Council may acquire facilities, equipment, and supplies 87,415
necessary to house the Council, its employees, and files and 87,416
records under the Council's control and to discharge any duty 87,417
imposed upon it by law. The expense of those acquisitions shall 87,418
be audited and paid in the same manner as other state expenses. 87,419
For that purpose, the Council shall prepare and submit to the
Office of Budget and Management a budget for each biennium 87,420
according to sections 101.55 and 107.03 of the Revised Code. The 87,421
budget submitted shall cover the costs of the Council and staff 87,422
in the discharge of any duty imposed upon the Council by law. 87,423
Section 184. Notwithstanding section 3317.026 of the 87,425
Revised Code, as enacted by this act, the certifications required 87,426
to be made under that section on or before February 28, 1998, 87,427
shall include refunded taxes refunded on or after July 1, 1996, 87,428
1903
and on or before December 31, 1997, in lieu of refunded taxes 87,429
refunded in calendar year 1997. In making the computation to
determine the percentage that refunded taxes are of total taxes 87,430
charged and payable for current expenses under that section on or 87,431
before June 1, 1998, the Tax Commissioner shall determine the 87,432
percentage that refunded taxes refunded on or after July 1, 1996, 87,433
and on or before December 31, 1997, certified as provided in this 87,434
section, are of total taxes charged and payable for current
expenses for calendar year 1997. 87,435
Section 185. Insurance Tax Phase-in Schedules 87,437
Sections 1731.07, 5725.18, 5725.181, 5729.03, and 5729.031 87,439
of the Revised Code, as amended or enacted by this act shall be 87,440
implemented according to the following schedule: 87,442
(A) For tax years 1999 through 2002, the tax imposed on 87,444
the gross premiums of foreign insurance companies under section 87,445
5729.03 of the Revised Code shall be computed using the following 87,446
rates:
The percentage of 87,449
For Tax Year premiums is 87,450
1999 2.3% 87,451
2000 2.1% 87,452
2001 1.9% 87,453
2002 1.7% 87,454
(B) For tax years 1999 through 2002, the tax imposed on 87,457
domestic insurance companies under section 5725.18 of the Revised 87,458
Code shall equal the sum of the amounts computed under division 87,459
(B)(1) and (2) of this section.
(1) The tax computed according to the method prescribed in 87,461
section 5725.181 of the Revised Code, as enacted by this act, 87,462
multiplied by the percentage prescribed as follows: 87,463
Multiply the tax under 87,465
section 5725.181 of 87,466
For Tax Year the Revised Code by 87,467
1999 80% 87,468
1904
2000 60% 87,469
2001 40% 87,470
2002 20% 87,471
(2) The tax computed using the percentage of gross 87,474
premiums prescribed by section 5725.18 of the Revised Code, as 87,475
amended by this act, multiplied by the percentage prescribed as 87,476
follows:
Multiply the tax 87,478
under amended section 87,479
5725.18 of the 87,480
For Tax Year Revised Code by 87,481
1999 20% 87,482
2000 40% 87,483
2001 60% 87,484
2002 80% 87,485
(C) For tax years 1999 through 2002, the minimum tax for 87,488
domestic insurance companies taxed under sections 5725.18 and 87,489
5725.181 of the Revised Code and the minimum tax for foreign 87,490
insurance companies taxed under section 5729.03 of the Revised 87,491
code shall equal the amount prescribed as follows:
For Tax Year The minimum tax is 87,493
1999 $50 87,494
2000 $100 87,495
2001 $150 87,496
2002 $200 87,497
(D) For tax years 1999 through 2002, the credit available 87,499
under section 5729.031 of the Revised Code may be claimed against 87,500
the tax imposed on foreign insurance companies under section 87,501
5729.03 of the Revised Code or against the tax imposed on 87,502
domestic insurance companies as computed under division (B) of
this section. The credit shall equal a percentage of the amount 87,504
computed under division (C) of section 5729.031 of the Revised
Code according to the following schedule: 87,505
Percentage of 87,507
1905
For Tax Year credit allowed 87,508
1999 20% 87,509
2000 40% 87,510
2001 60% 87,511
2002 80% 87,512
Section 186. Pursuant to this act's abolition of the 87,516
Alcoholism-Detoxification Centers Fund and the Drivers' Treatment 87,517
and Intervention Fund, all money in the funds shall be 87,518
transferred to the Alcohol and Drug Addiction Services Fund 87,519
created by section 3793.21 of the Revised Code. The Alcohol and 87,520
Drug Addiction Services Fund shall assume all obligations of the 87,521
two abolished funds.
Section 187. That Section 4 of Am. Sub. H.B. 478 of the 87,523
119th General Assembly, as amended by Am. Sub. S.B. 300 of the 87,524
121st General Assembly, be amended to read as follows: 87,525
"Sec. 4. (A) Sections 3702.71, 3702.72, 3702.73, 3702.74, 87,527
3702.75, 3702.76, 3702.77, 3702.78, 3702.79, 3702.80, and 3702.81 87,528
of the Revised Code are hereby repealed, effective July 30, 1998 87,530
2001.
(B) The repeal of section 3702.74 of the Revised Code does 87,532
not impair the validity, operation, or enforceability of any 87,533
executory contract entered into under that section, and the 87,534
parties to any such contract shall meet all of their obligations 87,535
under the contract notwithstanding such repeal."
Section 188. That existing Section 4 of Am. Sub. H.B. 478 87,537
of the 119th General Assembly, as amended by Am. Sub. S.B. 300 of 87,538
the 121st General Assembly, is hereby repealed. 87,539
Section 189. That Section 5 of Am. Sub. S.B. 50 of the 87,541
121st General Assembly be amended to read as follows: 87,542
"Sec. 5. Sections 3 and 4 of this act AM. SUB. S.B. 50 OF 87,548
THE 121st GENERAL ASSEMBLY shall take effect July 1, 1997 1999." 87,550
Section 190. That existing Section 5 of Am. Sub. S.B. 50 87,552
of the 121st General Assembly is hereby repealed. 87,553
Section 191. That Sections 45.32 and 153 of Am. Sub. H.B. 87,555
1906
117 of the 121st General Assembly be amended to read as follows: 87,556
"Sec. 45.32. (A) As used in this section: 87,558
(1) A "client district" of an educational service center 87,560
means a city or exempted village school district that has entered 87,561
into an agreement with that service center pursuant to section 87,562
3313.843 of the Revised Code. 87,563
(2) "ADM" means the combined ADM of the local school 87,565
districts having territory in a service center and the ADM of 87,567
each client district of such center. 87,568
(B) By June 1, 1997, in the case of any educational 87,570
service centers that are serving only one local district pursuant 87,572
to section 3311.051 of the Revised Code, and; by June 1, 1999, in 87,573
THE case of any service centers with ADMs of less than 8,000 THAT 87,576
SERVE FEWER THAN SIX LOCAL OR CLIENT SCHOOL DISTRICTS; AND BY 87,577
JUNE 1, 2000, IN THE CASE OF ANY EDUCATIONAL SERVICE CENTERS WITH 87,578
ADMs OF LESS THAN 8,000 THAT SERVE SIX OR MORE LOCAL OR CLIENT 87,579
SCHOOL DISTRICTS, the superintendents of such service centers 87,580
shall notify the Superintendent of Public Instruction of the name 87,582
of one or more adjacent educational service centers with which 87,583
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 87,584
center serving only one local district or serving an ADM of less 87,585
than 8,000 by the required date, the Superintendent shall 87,586
determine one or more suitable adjacent centers for such merger 87,587
and shall notify the superintendents and governing boards of all 87,588
centers involved of his THE determination. The centers named in 87,589
the notification required by this section or determined by the 87,590
Superintendent of Public Instruction pursuant to this section 87,591
shall form a joint center pursuant to section 3311.053 of the 87,592
Revised Code, which shall be effective on the first day of July 87,593
immediately following notification by the service center, or by 87,594
the Superintendent of Public Instruction, whichever applies. 87,595
Sec. 153. (A) SECTION 5112.20 OF THE REVISED CODE IS 87,597
HEREBY REPEALED, EFFECTIVE JULY 1, 1997. Sections 5112.01, 87,598
1907
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 87,600
5112.10, 5112.11, 5112.18, 5112.19, 5112.20, 5112.21, and 5112.99 87,601
of the Revised Code, as enacted by this act AM. SUB. H.B 117 OF 87,602
THE 121st GENERAL ASSEMBLY, are hereby repealed, effective July 87,604
1, 1997 1999.
(B) Any money remaining in the Medicaid Oversight Fund on 87,606
July 1, 1997, the date that section 5112.19 of the Revised Code 87,607
is repealed by division (A) of this section, shall be used solely 87,608
for the purposes state in section 5112.19 of the Revised Code. 87,609
When all money in the Medicaid Oversight Fund has been spent 87,610
after section 5112.19 of the Revised Code is repealed under 87,611
division (A) of this section, the fund shall cease to exist. 87,612
(C) Any money remaining in the Legislative Budget Services 87,614
Fund on July 1, 1997 1999, the date that section 5112.19 of the 87,615
Revised Code is repealed by division (B)(A) of this section, 87,617
shall be used solely for the purposes stated in section 5112.19 87,618
of the Revised Code. When all money in the Legislative Budget 87,619
Services Fund has been spent after section 5112.19 of the Revised 87,620
Code is repealed under division (A) of this section, the fund
shall cease to exist." 87,621
Section 192. That existing Sections 45.32 and 153 of Am. 87,623
Sub. H.B. 117 of the 121st General Assembly are hereby repealed. 87,625
Section 193. The amendment by this act of sections 87,627
5112.04, 5112.18, and 5112.21 of the Revised Code is not intended 87,628
to supersede the earlier repeal, with delayed effective date, of 87,629
those sections.
Section 194.* That Section 3 of Sub. H.B. 441 of the 121st 87,631
General Assembly be amended to read as follows: 87,632
"Sec. 3. Pursuant to section 122.19 122.16 of the Revised 87,634
Code and as soon as practicable after the effective date of this 87,635
act AUGUST 22, 1996, the Director of Development shall certify 87,637
the economically disadvantaged ELIGIBLE areas for the period 87,638
beginning July 1, 1996, and continuing through and ending
December 31, 1996." 87,639
1908
Section 195.* That existing Section 3 of Sub. H.B. 441 of 87,641
the 121st General Assembly is hereby repealed. 87,642
Section 196. That Section 162 of Am. Sub. H.B. 298 of the 87,644
119th General Assembly be amended to read as follows: 87,645
"Sec. 162. (A) Sections 5733.04, 5733.05, and 5733.052 as 87,647
amended by this act AM. SUB. H.B. 298 OF THE 119th GENERAL 87,649
ASSEMBLY and sections 5733.042, 5733.054, 5733.055, and 5733.068 87,650
of the Revised Code as enacted by this act AM. SUB. H.B. 298 OF 87,652
THE 119th GENERAL ASSEMBLY shall first apply to taxable years 87,654
ending on or after July 31, 1991.
(B) The legislative intent in the amendment by this act 87,657
AM. SUB. H.B. 298 OF THE 119th GENERAL ASSEMBLY of section 87,659
5733.04 and the enactment of section 5733.042 of the Revised Code
generally is to minimize future revenue losses to the state and 87,660
its political subdivisions arising from the shifting of income 87,661
from Ohio through the types of transactions described in such 87,662
sections as amended and enacted by this act AM. SUB. H.B. 298 OF 87,663
THE 119th GENERAL ASSEMBLY. 87,664
Because of this legislative intent, a refundable 87,666
corporation franchise tax credit is hereby authorized for any 87,667
taxpayer if both of the following apply:
(1) For any tax year prior to the 1992 tax year, the 87,669
taxpayer would have been subject to one or more of the additions 87,670
required by divisions (I)(12) and (13) of section 5733.04 of the 87,671
Revised Code if such divisions had been in effect for that tax 87,672
year.
(2) After the effective date of this act AM. SUB. H.B. 298 87,675
OF THE 119th GENERAL ASSEMBLY, the taxpayer pays corporation 87,677
franchise tax pursuant to assessment for any tax year prior to 87,678
the 1992 tax year in effect based on the additions to net income
required by divisions (I)(12) and (13) of section 5733.04 of the 87,679
Revised Code.
The credit shall be equal to the difference between the 87,681
amount of the corporation franchise tax paid and the amount that 87,682
1909
would have been due if the taxpayer's net income was not in 87,683
effect adjusted in the manner provided in divisions (I)(12) and 87,684
(13) of section 5733.04 of the Revised Code; plus any penalty or 87,685
interest paid by the taxpayer in connection with the tax; plus
interest on the sum of those amounts, computed at the rate per 87,686
annum prescribed by section 5703.47 of the Revised Code, from the 87,687
date that the taxpayer paid those amounts to the date that the 87,688
credit is refunded or credited against the taxpayer's current 87,689
franchise tax liability.
The Tax Commissioner shall credit the full amount of any 87,691
credit authorized by this section to the taxpayer's current tax 87,692
liability, or refund the full amount of the credit, or credit a 87,693
portion and refund the remainder. In the case of a refund, the 87,694
Tax Commissioner shall certify the amount of the refund to the 87,695
Director of Budget and Management and the Treasurer of State for
payment from the Tax Refund Fund created by section 5703.052 of 87,696
the Revised Code. 87,697
No particular form is required to be filed to claim this 87,699
credit, but the credit must be claimed in writing not later than 87,700
three years after the date on which the payment giving rise to 87,701
the credit was made.
(C) If a taxpayer pays a corporation franchise tax 87,703
assessment for any tax year prior to tax year 1992 in order to 87,704
claim the credit provided by this section, and the assessment is 87,705
based in whole or part on a requirement that the taxpayer file 87,706
combined reports with one or more corporations whose activities 87,707
are primarily limited to the maintenance and management of
intangible investments or of the intangible investments of 87,708
corporations, business trusts, or other entities registered as 87,709
investment companies under the "Investment Company Act of 1940," 87,710
as amended, 15 U.S.C. 80a-1 et seq., and the collection and 87,711
distribution of the income from such investments or from tangible 87,712
property, and the assessment imposes tax based upon additions to
net income similar to those required by divisions (I)(12) and 87,713
1910
(13) of section 5733.04 of the Revised Code, payment of the 87,714
assessment shall not be an admission by or an election by the 87,715
taxpayer to such combination, and any corporations included in 87,716
the combination whose activities are primarily limited to those 87,717
described shall not be required to continue to be so included
solely because the assessment was paid. Commencing with tax year 87,718
1992, unless the Tax Commissioner determines that a different 87,719
combination is necessary, the combination shall exclude such 87,720
corporations but shall include all other corporations in the 87,721
combination upon which the assessment was based. Nothing herein 87,722
shall be construed to limit, modify, or otherwise negate the
authority and right of the Tax Commissioner to change, modify, or 87,723
require a combination of taxpayers and corporations for any and 87,724
all franchise tax report years.
The taxpayer that is the parent company of a combined group 87,726
of corporations granted a credit under this section shall have 87,727
the right to allocate the credit among the members of the 87,728
combined group in any manner as the taxpayer, in its discretion, 87,729
determines. The Tax Commissioner shall have no right to limit, 87,730
restrict, or modify the allocation selected by the taxpayer.
For tax year 1992 and thereafter, the existence between a 87,732
related member and a taxpayer of a relationship, with respect to 87,734
the use of intangible property, of lessor and lessee, 87,735
respectively, licensor and licensee, respectively, or creditor 87,736
and debtor, respectively, or the existence between a related
member and a taxpayer of any other similar relationship pursuant 87,737
to which the taxpayer directly or indirectly pays or accrues to a 87,738
related member any expense or costs for indebtedness or any 87,739
expense or costs for the use of intangible property shall not by 87,740
itself be sufficient grounds for the Tax Commissioner to require 87,741
that the taxpayer and any such related member file combined 87,742
returns. For purposes of the section, the term "related member"
has the same meaning as in division (A)(6) of section 5733.042 of 87,743
the Revised Code as enacted by this act." 87,744
1911
Section 197. That existing Section 162 of Am. Sub. H.B. 87,746
298 of the 119th General Assembly is hereby repealed. 87,747
Section 198. That Sections 40, 41, 42, and 43 of Am. Sub. 87,749
S.B. 310 of the 121st General Assembly are hereby repealed. 87,750
Section 199. Section 166 of Am. Sub. H.B. 117 of the 121st 87,752
General Assembly is hereby repealed. 87,753
Section 200. Sections 5733.02, 5733.022, 5733.03, 5733.04, 87,755
5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 87,756
5733.057, 5733.06, 5733.061, 5733.065, 5733.066, 5733.067, 87,757
5733.068, 5733.069, 5733.0611, 5733.09, 5733.12, 5733.31,
5733.311, 5733.32, 5733.33, 5733.40, 5733.41, and 5733.98 of the 87,758
Revised Code, as amended or enacted by this act, apply to tax 87,759
years 1999 and thereafter, except as otherwise provided in 87,761
division (A) of section 5733.05 and division (A)(7) of section 87,762
5733.042 of the Revised Code.
Section 5733.058 of the Revised Code, as enacted by this 87,764
act, applies to tax years 1998 and thereafter. 87,765
Section 201. Sections 5747.01, 5747.057, 5747.059, 87,767
5747.062, 5747.07, 5747.072, 5747.08, 5747.11, 5747.14, 5747.15, 87,769
5747.18, 5747.20, 5747.21, 5747.22, 5747.26, 5747.261, 5747.30, 87,770
5747.31, sections 5747.40 to 5747.45, and sections 5747.451, 87,771
5747.452, and 5747.98 of the Revised Code, as amended or enacted
by this act, and section 5747.23 of the Revised Code, as repealed 87,772
and reenacted by this act, first apply to taxable years beginning 87,774
in 1998 and thereafter.
Section 202. Sections 122.16, 122.17, 122.18, and 5709.66 87,776
of the Revised Code, as amended by this act, apply to tax years 87,777
1999 and thereafter in the case of persons subject to the tax 87,778
imposed under section 5733.06 of the Revised Code, and apply to 87,779
taxable years beginning in 1998 and thereafter for persons
subject to the tax imposed by section 5747.02 of the Revised 87,781
Code.
Section 203. Sections 3734.904, 3734.907, 3769.088, 87,783
4305.13, 4305.131, 5728.09, 5728.10, 5733.11, 5733.26, 5735.11, 87,784
1912
5735.12, 5735.121, 5739.13, 5739.132, 5739.15, 5741.10, 5741.14, 87,785
5743.081, 5743.082, 5743.52, 5743.56, divisions (F) and (G) of 87,786
section 5747.07, division (G) of section 5747.08, sections 87,787
5747.13, 5749.06, 5749.07, and 5749.10 of the Revised Code, as
amended by this act, apply to assessments issued on or after 87,788
January 1, 1998, to the extent that the amendment of those 87,789
sections applies to the imposition and accrual of interest on 87,790
assessments issued thereunder.
Section 204. In order to avoid claims of denial of equal 87,792
protection by taxpayers whose errors consist of listing property 87,794
in the wrong taxing district, the amendment of section 5711.32 of 87,795
the Revised Code by this act shall be applied to deny interest on 87,796
any applicable refund made after the effective date of that 87,797
amendment pursuant to assessment, order, or agreement, regardless 87,798
of the time of claim for the refund.
Section 205. The amendment of sections 4753.08 and 4753.12 87,800
of the Revised Code by this act is not intended to supersede the 87,801
earlier amendment of those sections by Am. Sub. S.B. 230 of the 87,802
121st General Assembly that takes effect January 1, 2002. 87,803
Section 206. (A) By the amendment by this act of Section 87,805
162 of Am. Sub. H.B. 298 of the 119th General Assembly, the 87,806
General Assembly intends to return Ohio law to the state in which 87,808
it existed immediately before the enactment of the paragraph 87,809
stricken by that amendment, but only as to the subjects of that
paragraph. The General Assembly does not intend that amendment 87,811
to expressly or implicitly affirm or deny that the existence or 87,812
absence of any relationship described in that paragraph, or of 87,813
any relationship similar to any relationship described in that 87,814
paragraph, is or is not sufficient grounds for the Tax 87,815
Commissioner to require that a taxpayer and any related member 87,816
file combined returns for the purpose of any tax year. The 87,817
General Assembly intends that the law applicable before the
enactment of Section 162 of Am. Sub. H.B. 298 of the 119th 87,818
General Assembly, and the prior judicial or quasi-judicial 87,819
1913
interpretations of that law, shall speak for themselves. 87,820
(B) By the addition of division (A)(7) of section 5733.042 87,822
of the Revised Code, as amended by this act, the General Assembly 87,824
does not intend to expressly or implicitly affirm or deny that 87,825
the meaning given to the terms "indirect" or "indirectly" in that 87,826
division might or might not be extended to transactions before 87,827
the effective date of that section as amended by this act, and 87,828
any case or controversy relating to such transactions. The
General Assembly intends that the law applicable before that 87,830
effective date, and the prior judicial or quasi-judicial
interpretations of that law, shall speak for themselves. 87,831
Section 207. The Tax Commissioner first shall determine if 87,833
a reduction in the tangible personal property tax assessment rate 87,834
for property described in division (D) of section 5711.22 of the 87,835
Revised Code, as amended by this act, is required for returns 87,836
required to be filed in 1998. If the Commissioner determines the 87,838
rate reduction is required, the assessment rate in 1998 for the 87,839
property described in that division shall be 20 per cent.
Section 208. Section 12 of Am. Sub. S.B. 259 of the 121st 87,841
General Assembly is hereby repealed. 87,842
Section 209. If any item of law that constitutes the whole 87,844
or part of a codified or uncodified section of law contained in 87,845
this act, or if any application of any item of law that 87,846
constitutes the whole or part of a codified or uncodified section 87,848
of law contained in this act, is held invalid, the invalidity 87,849
does not affect other items of law or applications of items of 87,850
law that can be given effect without the invalid item of law or 87,851
application. To this end, the items of law of which the codified 87,852
and uncodified sections contained in this act are composed, and 87,853
their applications, are independent and severable.
Section 210. Except as otherwise specifically provided in 87,855
this act, the codified and uncodified sections of law contained 87,856
in this act, and the items of law of which the codified and 87,857
uncodified sections of law contained in this act are composed, 87,858
1914
are not subject to the referendum. Therefore, under Ohio 87,859
Constitution, Article II, Section 1d and section 1.471 of the 87,860
Revised Code, the codified and uncodified sections of law 87,861
contained in this act, and the items of law of which the codified 87,863
and uncodified sections of law contained in this act are 87,864
composed, except as otherwise specifically provided in this act, 87,865
go into immediate effect when this act becomes law.
Section 211. Except as otherwise specifically provided in 87,867
this act, the repeal by this act of a codified or uncodified 87,868
section of law is not subject to the referendum. Therefore, 87,869
under Ohio Constitution, Article II, Section 1d and section 1.471 87,871
of the Revised Code, the repeal by this act of a codified or 87,872
uncodified section of law, except as otherwise specifically
provided in this act, goes into immediate effect when this act 87,873
becomes law. 87,874
Section 212. Sections 3.17, 9.06, 103.143, 103.21, 107.30, 87,876
111.16, 120.04, 120.33, 121.37, 121.38, 122.19 (122.16) (as it 87,878
results from Sub. H.B. 441 of the 121st General Assembly), 87,879
124.15, 124.181, 124.34, 124.391, 125.15, 125.28, 125.42, 125.83, 87,880
125.831, 126.07, 126.12, 126.14, 126.21, 126.26, 127.16, 149.331, 87,881
169.03, 169.05, 169.08, 171.05, 181.52, 329.04, 329.06, 718.01, 87,882
924.10, 1555.09, 1557.06, 1703.03, 1703.05, 1703.07, 1703.08, 87,883
1703.12, 1703.22, 1703.26, 1703.27, 2151.355, 2744.05, 2941.51, 87,884
3313.535, 3317.01, 3345.11, 3345.12, 3383.01, 3701.14, 3701.261, 87,885
3701.502, 3702.31, 3705.24, 3746.121, 3748.12, 3748.13, 3769.10, 87,887
3770.02, 3770.06, 3773.43, 3773.56, 4111.01, 4117.02, 4121.39, 87,888
4121.446, 4123.31, 4123.402, 4123.418, 4141.131, 4305.13, 87,889
4305.131, 4701.20, 4703.50, 4709.06, 4715.06, 4715.13, 4715.14, 87,891
4715.16, 4715.21, 4715.24, 4715.27, 4715.35, 4717.09, 4723.31, 87,892
4725.06, 4725.45, 4729.65, 4731.09, 4731.10, 4731.14, 4731.15, 87,893
4731.17, 4731.22, 4731.24, 4731.26, 4731.291, 4731.38, 4731.40, 87,894
4731.53, 4731.56, 4732.04, 4733.08, 4734.16, 4736.06, 4740.03, 87,895
4741.03, 4747.03, 4751.06, 4751.07, 4753.04, 4755.49, 4755.99, 87,896
4757.31, 4759.08, 4901.10, 4901.19, 4903.10, 4903.11, 4903.23, 87,897
1915
4905.21, 4905.26, 4905.66, 4905.69, 4905.81, 5101.02, 5101.06, 87,898
5101.07, 5101.14, 5101.143, 5101.58, 5111.11, 5111.111, 5111.18, 87,899
5119.02, 5119.53, 5120.03, 5120.09, 5120.16, 5120.38, 5122.43, 87,900
5123.05, 5139.01, 5139.04, 5139.07, 5139.36, 5139.42, 5139.86, 87,901
5703.21, 5709.62, 5709.63, 5709.632, 5728.10, 5733.01, 5733.02, 87,902
5733.03, 5733.031, 5733.04, 5733.042, 5733.05, 5733.065, 87,903
5733.066, 5733.067, 5733.069, 5733.09, 5733.12, 5733.121, 87,904
5733.33, 5733.34, 5735.143, 5739.01, 5739.02, 5739.033, 5739.07,
5739.072, 5739.132, 5739.133, 5739.17, 5741.101, 5743.081, 87,906
5747.01, 5747.02, 5747.03, 5747.057, 5747.062, 5747.07, 5747.08, 87,907
5747.11, 5747.12, 5747.13, 5747.20, 5747.21, 5747.22, 5747.30,
5747.31, 5747.32, 5747.98, and 5749.07 of the Revised Code, as 87,908
amended or enacted by this act; and the items of law of which 87,909
such sections of the Revised Code, as amended or enacted by this 87,910
act, are composed, are subject to the referendum. Therefore, 87,911
under Ohio Constitution, Article II, Section 1c and section 1.471 87,913
of the Revised Code, such sections as amended or enacted by this 87,914
act, and the items of law of which such sections as amended or 87,915
enacted by this act are composed, take effect on the ninety-first 87,916
day after this act is filed with the Secretary of State. If, 87,917
however, a referendum petition is filed against any such section 87,918
as amended or enacted by this act, or against any item of law of 87,919
which any such section as amended or enacted by this act is 87,920
composed, the section as amended or enacted, or item of law, 87,921
unless rejected at the referendum, takes effect at the earliest 87,922
time permitted by law.
Section 213. Sections Marked with an Asterisk 87,924
Uncodified sections of law contained in this act, and items 87,927
of law contained within the uncodified sections of law that are 87,928
contained in this act, that are marked with an asterisk, are 87,929
subject to the referendum. Therefore, under Ohio Constitution, 87,930
Article II, Section 1c and section 1.471 of the Revised Code, the 87,931
uncodified sections and items of law marked with an asterisk take 87,932
effect on the ninety-first day after this act is filed with the 87,933
1916
Secretary of State. If, however, a referendum petition is filed 87,934
against an uncodified section or item of law marked with an 87,935
asterisk, the uncodified section or item of law marked with an 87,936
asterisk, unless rejected at the referendum, takes effect at the 87,937
earliest time permitted by law.
An asterisk thus marking an uncodified section or item of 87,939
law has the form *. 87,940
This section defines the meaning and form of, but is not 87,942
itself to be considered marked with, an asterisk. 87,943
Section 214. The repeal by this act of each of the 87,945
following sections is subject to the referendum: sections 87,946
125.94, 1703.08, 1703.09, 1703.11, 1703.14, 4743.04, 5111.85, 87,947
5119.25, 5119.28, 5123.06, and 5123.32 of the Revised Code. 87,948
Therefore, under Ohio Constitution, Article II, Section 1c and 87,949
section 1.471 of the Revised Code, each such repeal takes effect 87,950
on the ninety-first day after this act is filed with the 87,951
Secretary of State. If, however, a referendum petition is filed 87,952
against any such repeal, the repeal, unless rejected at the 87,953
referendum, takes effect at the earliest time permitted by law. 87,954
Section 215. (A) The amendment by this act to division 87,956
(A) of section 124.18 of the Revised Code, which states that use 87,957
of sick leave is not considered active pay status, constitutes an 87,958
item of law that is not subject to the referendum. Therefore, 87,959
under Ohio Constitution, Article II, Section 1d and section 1.471 87,961
of the Revised Code, this item of law goes into immediate effect 87,962
when this act becomes law.
(B) The amendment by this act to division (D) of section 87,964
124.18 of the Revised Code, which states that, in cases in which 87,965
an employee is not paid by warrant of the Auditor of State, the 87,966
appointing authority is to determine whether use of sick leave is 87,968
considered active pay status, constitutes an item of law that is 87,969
subject to the referendum. Therefore, under Ohio Constitution, 87,970
Article II, Section 1c and section 1.471 of the Revised Code, 87,971
this item of law takes effect on the ninety-first day after this 87,972
1917
act is filed with the Secretary of State. If, however, a 87,973
referendum petition is filed against the item of law, the item of 87,974
law, unless rejected at the referendum, takes effect at the 87,975
earliest time permitted by law.
Section 216. (A) The amendment by this act to division 87,977
(A)(1) of section 131.35 of the Revised Code that modifies the 87,978
conditions precedent for expenditure of federal funds constitutes 87,980
an item of law that is not subject to the referendum. Therefore, 87,981
under Ohio Constitution, Article II, Section 1d and section 1.471 87,982
of the Revised Code, this item of law goes into immediate effect 87,983
when this act becomes law.
(B) The amendment by this act to division (A)(2) of 87,985
section 131.35 of the Revised Code that eliminates the 87,986
consequence if federal funds are received in an amount less than 87,987
that appropriated by the General Assembly constitutes an item of 87,988
law that is subject to the referendum. Therefore, under Ohio 87,989
Constitution, Article II, Section 1c and section 1.471 of the 87,990
Revised Code, this item of law takes effect on the ninety-first 87,991
day after this act is filed with the Secretary of State. If, 87,992
however, a referendum petition is filed against the item of law, 87,993
the item of law, unless rejected at the referendum, takes effect 87,994
at the earliest time permitted by law. 87,995
Section 217. Section 149.303 of the Revised Code, as 87,997
amended by this act, is not subject to the referendum. 87,998
Therefore, under Ohio Constitution, Article II, Section 1d and 87,999
section 1.471 of the Revised Code, the section as amended is 88,000
entitled to go into immediate effect when this act becomes law.
However, section 149.303 of the Revised Code, as amended by this 88,001
act, takes effect on February 1, 1998, or the day this act 88,002
becomes law, whichever is later.
Section 218. Sections 3345.50 and 3345.51 of the Revised 88,004
Code, as amended by this act, are subject to the referendum. 88,005
Therefore, under Ohio Constitution, Article II, Section 1c and 88,006
section 1.471 of the Revised Code, the sections as amended take 88,007
1918
effect on July 1, 1998, or the ninety-first day after this act is 88,009
filed with the Secretary of State, whichever is later. If
however, a referendum petition is filed against either section as 88,011
amended, the section as amended, unless rejected at the
referendum, takes effect at the earliest time permitted by law 88,012
that is on or after the effective date specified in the preceding 88,014
sentence.
Section 219. (A) The amendment by this act to division 88,016
(B)(4) of section 4301.10 of the Revised Code that requires one 88,017
and one-half per cent of gross liquor profits to be deposited 88,018
into the Alcohol and Drug Addiction Services Fund constitutes an 88,019
item of law that is not subject to the referendum. Therefore, 88,020
under Ohio Constitution, Article II, Section 1d and section 1.471 88,022
of the Revised Code, this item of law goes into immediate effect 88,023
when this act becomes law.
(B) The amendment by this act to division (A)(10) of 88,025
section 4301.10 of the Revised Code that removes language 88,026
providing that certain administrative functions of the Department 88,027
or Division of Liquor Control are to be subject to the final 88,028
authority of the Director of Commerce constitutes an item of law 88,029
that is subject to the referendum. Therefore, under Ohio 88,030
Constitution, Article II, Section 1c and section 1.471 of the 88,031
Revised Code, this item of law takes effect on the ninety-first 88,032
day after this act is filed with the Secretary of State. If, 88,033
however, a referendum petition is filed against the item of law, 88,034
the item of law, unless rejected at the referendum, takes effect 88,035
at the earliest time permitted by law. 88,036
Section 220. (A) The amendment by this act to section 88,038
4713.19 of the Revised Code that requires all receipts of the 88,039
State Board of Cosmetology to be deposited into the Occupational 88,040
Licensing and Regulatory Fund constitutes an item of law that is 88,041
not subject to the referendum. Therefore, under Ohio 88,042
Constitution, Article II, Section 1d and section 1.471 of the 88,043
Revised Code, this item of law goes into immediate effect when 88,044
1919
this act becomes law. 88,045
(B) The amendment by this act to section 4713.19 of the 88,047
Revised Code that provides for the President or Executive 88,048
Director of the State Board of Cosmetology to approve vouchers 88,049
constitutes an item of law that is subject to the referendum. 88,050
Therefore, under Ohio Constitution, Article II, Section 1c and 88,051
section 1.471 of the Revised Code, this item of law takes effect 88,052
on the ninety-first day after this act is filed with the 88,053
Secretary of State. If, however, a referendum petition is filed 88,054
against the item of law, the item of law, unless rejected at the 88,055
referendum, takes effect at the earliest time permitted by law. 88,056
Section 221. (A) The amendment by this act to division 88,058
(B) of section 4731.281 of the Revised Code that requires the 88,059
State Medical Board to deposit a portion of biennial registration 88,060
fees into the Physician Loan Repayment Fund until July 30, 2001, 88,061
constitutes an item of law that is not subject to the referendum. 88,062
Therefore, under Ohio Constitution, Article II, Section 1d and 88,063
section 1.471 of the Revised Code, this item of law goes into 88,064
immediate effect when this act becomes law. 88,065
(B) The amendment by this act to division (B) of section 88,067
4731.281 of the Revised Code that (1) increases the biennial 88,068
registration fee charged by the State Medical Board and (2) 88,069
provides for deposit of biennial registration fees into the State 88,071
Medical Board Operating Fund constitute separate items of law 88,072
that are each subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1c and section 1.471 of the 88,073
Revised Code, these items of law take effect on the ninety-first 88,074
day after this act is filed with the Secretary of State. If, 88,075
however, a referendum petition is filed against any such item of 88,077
law, the item of law, unless rejected at the referendum, takes 88,078
effect at the earliest time permitted by law.
Section 222. (A) The amendments by this act to section 88,080
5101.14 of the Revised Code, except for the amendments to the 88,081
second paragraph of division (A) of the section, constitute items 88,083
1920
of law that are not subject to the referendum. Therefore, under 88,084
Ohio Constitution, Article II, Section 1d and section 1.471 of 88,085
the Revised Code, these items of law go into immediate effect 88,086
when this act becomes law.
(B) The amendments by this act to the second paragraph of 88,088
division (A) of section 5101.14 of the Revised Code constitute an 88,090
item of law that is subject to the referendum. Therefore, under 88,091
Ohio Constitution, Article II, Section 1c and section 1.471 of 88,092
the Revised Code, this item of law takes effect on the
ninety-first day after this act is filed with the Secretary of 88,093
State. If, however, a referendum petition is filed against the 88,094
item of law, the item of law, unless rejected at the referendum, 88,095
takes effect at the earliest time permitted by law. 88,096
Section 223. (A) The amendments by this act to section 88,098
5101.141 of the Revised Code, except for the amendments to 88,099
division (E) of the section, constitute items of law that are not 88,101
subject to the referendum. Therefore, under Ohio Constitution, 88,102
Article II, Section 1d and section 1.471 of the Revised Code, 88,103
these items of law go into immediate effect when this act becomes 88,104
law.
(B) The amendments by this act to division (E) of section 88,106
5101.141 of the Revised Code constitute an item of law that is 88,107
subject to the referendum. Therefore, under Ohio Constitution, 88,108
Article II, Section 1c and section 1.471 of the Revised Code, 88,109
this item of law takes effect on the ninety-first day after this 88,110
act is filed with the Secretary of State. If, however, a 88,111
referendum petition is filed against the item of law, the item of 88,113
law, unless rejected at the referendum, takes effect at the
earliest time permitted by law. 88,114
Section 224. (A) The amendment by this act to section 88,116
5139.01 of the Revised Code that adds a definition of "unruly 88,117
child" constitutes an item of law that is not subject to the 88,118
referendum. Therefore, under Ohio Constitution, Article II, 88,119
Section 1d and section 1.471 of the Revised Code, this item of 88,120
1921
law goes into immediate effect when this act becomes law. 88,121
(B) The amendments by this act to section 5139.01 of the 88,123
Revised Code other than as described in division (A) of this 88,124
section constitute items of law that are subject to the 88,125
referendum. Therefore, under Ohio Constitution, Article II, 88,126
Section 1c and section 1.471 of the Revised Code, these items of 88,127
law take effect on the ninety-first day after this act is filed 88,128
with the Secretary of State. If, however, a referendum petition 88,129
is filed against any such item of law, the item of law, unless 88,130
rejected at the referendum, takes effect at the earliest time 88,131
permitted by law. 88,132
Section 225. (A) The amendment by this act to division 88,134
(E) of section 5139.04 of the Revised Code that provides 88,135
rule-making authority to implement section 5139.34 of the Revised 88,136
Code and eliminates rule-making authority to implement section 88,137
5139.46 of the Revised Code constitutes an item of law that is 88,138
not subject to the referendum. Therefore, under Ohio 88,139
Constitution, Article II, Section 1d and section 1.471 of the 88,140
Revised Code, the item of law goes into immediate effect when 88,141
this act becomes law.
(B) The amendment by this act to division (B) of section 88,143
5139.04 of the Revised Code that eliminates rule-making authority 88,145
to define administrative time constitutes an item of law that is 88,146
subject to the referendum. Therefore, under Ohio Constitution, 88,147
Article II, Section 1c and section 1.471 of the Revised Code, the 88,148
item of law takes effect on the ninety-first day after this act 88,149
is filed with the Secretary of State. If, however, a referendum 88,150
petition is filed against the item of law, the item of law, 88,151
unless rejected at the referendum, takes effect at the earliest 88,152
time permitted by law.
Section 226. (A) The amendments by this act to section 88,154
5139.42 of the Revised Code, except for the amendment to division 88,156
(F)(4) of the section, constitute items of law that are not 88,157
subject to the referendum. Therefore, under Ohio Constitution, 88,158
1922
Article II, Section 1d and section 1.471 of the Revised Code, 88,159
these items of law go into immediate effect when this act becomes 88,160
law.
(B) The amendment by this act to division (F)(4) of 88,162
section 5139.42 of the Revised Code, which removes a reference to 88,163
care and custody in community corrections facilities, constitutes 88,164
an item of law that is subject to the referendum. Therefore, 88,165
under Ohio Constitution, Article II, Section 1c and section 1.471 88,166
of the Revised Code, this item of law takes effect on the 88,167
ninety-first day after this act is filed with the Secretary of 88,168
State. If, however, a referendum petition is filed against the 88,169
item of law, the item of law, unless rejected at the referendum, 88,170
takes effect at the earliest time permitted by law. 88,171
Section 227. (A) The amendments by this act to section 88,173
5139.43 of the Revised Code, except for the amendments to 88,174
division (B)(2)(a)(ii) of the section, constitute items of law 88,175
that are not subject to the referendum. Therefore, under Ohio 88,176
Constitution, Article II, Section 1d and section 1.471 of the 88,177
Revised Code, these items of law go into immediate effect when 88,178
this act becomes law. 88,179
(B) The amendment by this act to the first and second 88,181
paragraphs of division (B)(2)(a)(ii) of section 5139.43 of the 88,182
Revised Code constitute separate items of law that are each 88,183
subject to the referendum. Therefore, under Ohio Constitution, 88,184
Article II, Section 1c and section 1.471 of the Revised Code, 88,185
these items of law take effect on the ninety-first day after this 88,187
act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such item of law, the 88,189
item of law, unless rejected at the referendum, takes effect at 88,190
the earliest time permitted by law.
Section 228. Section 124.15 of the Revised Code is 88,192
presented in this act as a composite of the section as amended by 88,193
Am. Sub. H.B. 117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 88,194
121st General Assembly, with the new language of none of the acts 88,195
1923
shown in capital letters. This is in recognition of the 88,196
principle stated in division (B) of section 1.52 of the Revised 88,197
Code that such amendments are to be harmonized where not 88,198
substantively irreconcilable and constitutes a legislative 88,199
finding that such is the resulting version in effect prior to the 88,200
effective date of this act.
Section 229. Section 125.04 of the Revised Code is 88,202
presented in this act as a composite of the section as amended by 88,203
Am. Sub. H.B. 107, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 88,204
121st General Assembly, with the new language of none of the acts 88,206
shown in capital letters. This is in recognition of the 88,207
principle stated in division (B) of section 1.52 of the Revised 88,208
Code that such amendments are to be harmonized where not 88,209
substantively irreconcilable and constitutes a legislative 88,210
finding that such is the resulting version in effect prior to the 88,211
effective date of this act.
Section 230. Section 127.16 of the Revised Code is 88,213
presented in this act as a composite of the section as amended by 88,214
Am. H.B. 249, Am. Sub. S.B. 99, Am. Sub. S.B. 150, and Am. Sub. 88,215
S.B. 162 of the 121st General Assembly, with the new language of 88,216
none of the acts shown in capital letters. This is in 88,217
recognition of the principle stated in division (B) of section 88,218
1.52 of the Revised Code that such amendments are to be 88,219
harmonized where not substantively irreconcilable and constitutes 88,220
a legislative finding that such is the resulting version in 88,221
effect prior to the effective date of this act. 88,222
Section 231. Section 164.09 of the Revised Code is 88,224
presented in this act as a composite of the section as amended by 88,225
Am. Sub. H.B. 538, Am. H.B. 748, and Am. Sub. S.B. 257 of the 88,226
121st General Assembly, with the new language of none of the acts 88,228
shown in capital letters. This is in recognition of the 88,229
principle stated in division (B) of section 1.52 of the Revised 88,230
Code that such amendments are to be harmonized where not 88,231
substantively irreconcilable and constitutes a legislative 88,232
1924
finding that such is the resulting version in effect prior to the 88,233
effective date of this act.
Section 232. Section 1785.01 of the Revised Code is 88,235
presented in this act as a composite of the section as amended by 88,236
both Am. H.B. 344 and Sub. H.B. 276 of the 119th General 88,237
Assembly, with the new language of neither of the acts shown in 88,239
capital letters. This is in recognition of the principle stated 88,240
in division (B) of section 1.52 of the Revised Code that such 88,241
amendments are to be harmonized where not substantively 88,242
irreconcilable and constitutes a legislative finding that such is 88,243
the resulting version in effect prior to the effective date of 88,244
this act.
Section 233. Section 2151.355 of the Revised Code is 88,246
presented in Section 1 of this act as a composite of the section 88,247
as amended by Sub. H.B. 274, Am. Sub. H.B. 445, and Am. Sub. S.B. 88,248
269 of the 121st General Assembly, with the new language of none 88,250
of the acts shown in capital letters. This is in recognition of 88,251
the principle stated in division (B) of section 1.52 of the 88,252
Revised Code that such amendments are to be harmonized where not 88,253
substantively irreconcilable and constitutes a legislative 88,254
finding that such is the resulting version in effect prior to the 88,255
effective date of this act.
Section 234. Section 2151.421 of the Revised Code is 88,257
presented in this act as a composite of the section as amended by 88,258
Sub. H.B. 274, Am. Sub. S.B. 269, and Sub. S.B. 223 of the 121st 88,259
General Assembly, with the new language of none of the acts shown 88,261
in capital letters. This is in recognition of the principle 88,262
stated in division (B) of section 1.52 of the Revised Code that 88,263
such amendments are to be harmonized where not substantively 88,264
irreconcilable and constitutes a legislative finding that such is 88,265
the resulting version in effect prior to the effective date of 88,266
this act.
Section 235. Section 3307.01 of the Revised Code is 88,268
presented in this act as a composite of the section as amended by 88,269
1925
both Am. Sub. S.B. 82 and Am. Sub. H.B. 586 of the 121st General 88,270
Assembly, with the new language of neither of the acts shown in 88,271
capital letters. This is in recognition of the principle stated 88,272
in division (B) of section 1.52 of the Revised Code that such 88,273
amendments are to be harmonized where not substantively 88,274
irreconcilable and constitutes a legislative finding that such is 88,275
the resulting version in effect prior to the effective date of
this act.
Section 236. Section 3317.01 of the Revised Code is 88,277
presented in this act as a composite of the section as amended by 88,278
both Am. Sub. H.B. 117 and Am. Sub. H.B. 223 of the 121st General 88,279
Assembly, with the new language of neither of the acts shown in 88,281
capital letters. This is in recognition of the principle stated 88,282
in division (B) of section 1.52 of the Revised Code that such 88,283
amendments are to be harmonized where not substantively 88,284
irreconcilable and constitutes a legislative finding that such is 88,285
the resulting version in effect prior to the effective date of 88,286
this act.
Section 237. Sections 3345.50 and 3345.51 of the Revised 88,288
Code are presented in this act as composites of the sections as 88,289
amended by Am. H.B. 748 and Am. Sub. S.B. 264 of the 121st 88,290
General Assembly, with the new language of neither of the acts 88,291
shown in capital letters. This is in recognition of the 88,292
principle stated in division (B) of section 1.52 of the Revised 88,293
Code that such amendments are to be harmonized where not 88,294
substantively irreconcilable and constitutes a legislative 88,295
finding that such is the resulting version in effect prior to the 88,297
effective date of this act.
Section 238. Section 3365.02 of the Revised Code is 88,299
presented in this act as a composite of the section as amended by 88,300
both Am. Sub. H.B. 434 and Am. Sub. H.B. 777 of the 118th General 88,301
Assembly, with the new language of neither of the acts shown in 88,303
capital letters. This is in recognition of the principle stated 88,304
in division (B) of section 1.52 of the Revised Code that such 88,305
1926
amendments are to be harmonized where not substantively 88,306
irreconcilable and constitutes a legislative finding that such is 88,307
the resulting version in effect prior to the effective date of 88,308
this act.
Section 239. Section 3769.088 of the Revised Code is 88,310
presented in this act as a composite of the section as amended by 88,311
both Sub. H.B. 297 and Am. Sub. H.B. 361 of the 120th General 88,312
Assembly, with the new language of neither of the acts shown in 88,314
capital letters. This is in recognition of the principle stated 88,315
in division (B) of section 1.52 of the Revised Code that such 88,316
amendments are to be harmonized where not substantively 88,317
irreconcilable and constitutes a legislative finding that such is 88,318
the resulting version in effect prior to the effective date of 88,319
this act.
Section 240. Section 3769.10 of the Revised Code is 88,321
presented in this act as a composite of the section as amended by 88,322
both Sub. H.B. 297 and Am. Sub. H.B. 361 of the 120th General 88,323
Assembly, with the new language of neither of the acts shown in 88,324
capital letters. This is in recognition of the principle stated 88,325
in division (B) of section 1.52 of the Revised Code that such 88,326
amendments are to be harmonized where not substantively 88,327
irreconcilable and constitutes a legislative finding that such is 88,328
the resulting version in effect prior to the effective date of
this act.
Section 241. Section 4301.17 of the Revised Code is 88,330
presented in Section 1 of this act as a composite of the section 88,331
as amended by both Am. Sub. S.B. 149 and Am. Sub. S.B. 162 of the 88,332
121st General Assembly, with the new language of neither of the 88,333
acts shown in capital letters. This is in recognition of the 88,334
principle stated in division (B) of section 1.52 of the Revised 88,335
Code that such amendments are to be harmonized where not 88,336
substantively irreconcilable and constitutes a legislative 88,337
finding that such is the resulting version in effect prior to the 88,338
effective date of this act.
1927
Section 242. Section 4301.43 of the Revised Code is 88,340
presented in this act as a composite of the section as amended by 88,341
both Am. Sub. H.B. 117 and Sub. H.B. 239 of the 121st General 88,342
Assembly, with the new language of neither of the acts shown in 88,343
capital letters. This is in recognition of the principle stated 88,344
in division (B) of section 1.52 of the Revised Code that such 88,345
amendments are to be harmonized where not substantively 88,346
irreconcilable and constitutes a legislative finding that such is 88,347
the resulting version in effect prior to the effective date of 88,348
this act.
Section 243. Section 4509.101 of the Revised Code is 88,350
presented in this act as a composite of the section as amended by 88,351
both Am. Sub. H.B. 353 and Am. Sub. H.B. 438 of the 121st General 88,352
Assembly, with the new language of neither of the acts shown in 88,354
capital letters. This is in recognition of the principle stated 88,355
in division (B) of section 1.52 of the Revised Code that such 88,356
amendments are to be harmonized where not substantively 88,357
irreconcilable and constitutes a legislative finding that such is 88,358
the resulting version in effect prior to the effective date of 88,359
this act.
Section 244. Section 4703.16 of the Revised Code is 88,361
presented in this act as a composite of the section as amended by 88,362
Am. Sub. H.B. 117, Sub. H.B. 231, and Sub. H.B. 167 of the 121st 88,363
General Assembly, with the new language of none of the acts shown 88,365
in capital letters. This is in recognition of the principle 88,366
stated in division (B) of section 1.52 of the Revised Code that 88,367
such amendments are to be harmonized where not substantively 88,368
irreconcilable and constitutes a legislative finding that such is 88,369
the resulting version in effect prior to the effective date of 88,370
this act.
Section 245. Section 4731.22 of the Revised Code is 88,372
presented in this act as a composite of the section as amended by 88,373
both Am. Sub. S.B. 154 and Am. Sub. S.B. 259 of the 121st General 88,374
Assembly, with the new language of neither of the acts shown in 88,375
1928
capital letters. This is in recognition of the principle stated 88,377
in division (B) of section 1.52 of the Revised Code that such 88,378
amendments are to be harmonized where not substantively 88,379
irreconcilable and constitutes a legislative finding that such is 88,380
the resulting version in effect prior to the effective date of 88,381
this act.
Section 246. Section 4755.47 of the Revised Code is 88,383
presented in this act as a composite of the section as amended by 88,384
both Am. Sub. S.B. 279 and Sub. H.B. 499 of the 120th General 88,385
Assembly, with the new language of neither of the acts shown in 88,387
capital letters. This is in recognition of the principle stated 88,388
in division (B) of section 1.52 of the Revised Code that such 88,389
amendments are to be harmonized where not substantively 88,390
irreconcilable and constitutes a legislative finding that such is 88,391
the resulting version in effect prior to the effective date of 88,392
this act.
Section 247. Section 5120.16 of the Revised Code is 88,394
presented in this act as a composite of the section as amended by 88,395
both Am. Sub. H.B. 124 and Am. Sub. S.B. 285 of the 121st General 88,396
Assembly, with the new language of neither of the acts shown in 88,398
capital letters. This is in recognition of the principle stated 88,399
in division (B) of section 1.52 of the Revised Code that such 88,400
amendments are to be harmonized where not substantively 88,401
irreconcilable and constitutes a legislative finding that such is 88,402
the resulting version in effect prior to the effective date of 88,403
this act.
Section 248. Section 5709.66 of the Revised Code is 88,405
presented in this act as a composite of the section as amended by 88,406
Sub. H.B. 167, Am. H.B. 249, and Am. Sub. S.B. 188, all of the 88,407
121st General Assembly, with the new language of none of the acts 88,408
shown in capital letters. This is in recognition of the 88,409
principle stated in division (B) of section 1.52 of the Revised 88,410
Code that such amendments are to be harmonized where not 88,411
substantively irreconcilable and constitutes a legislative 88,412
1929
finding that such is the resulting version in effect prior to the 88,413
effective date of this act.
Section 249. Section 5733.98 of the Revised Code is 88,415
presented in this act as a composite of the section as amended by 88,416
Sub. H.B. 343, Sub. H.B. 441, and Sub. S.B. 18 of the 121st 88,417
General Assembly, with the new language of none of the acts shown 88,418
in capital letters. This is in recognition of the principle 88,419
stated in division (B) of section 1.52 of the Revised Code that 88,420
such amendments are to be harmonized where not substantively 88,421
irreconcilable and constitutes a legislative finding that such is 88,422
the resulting version in effect prior to the effective date of 88,423
this act.
Section 250. Section 5739.024 of the Revised Code is 88,425
presented in this act as a composite of the section as amended by 88,426
both Am. H.B. 163 and Am. Sub. H.B. 207 of the 120th General 88,427
Assembly, with the new language of neither of the acts shown in 88,429
capital letters. This is in recognition of the principle stated 88,430
in division (B) of section 1.52 of the Revised Code that such 88,431
amendments are to be harmonized where not substantively 88,432
irreconcilable and constitutes a legislative finding that such is 88,433
the resulting version in effect prior to the effective date of 88,434
this act.
Section 251. Section 5739.13 of the Revised Code is 88,436
presented in this act as a composite of the section as amended by 88,437
both Am. Sub. H.B. 152 and Am. Sub. H.B. 327 of the 120th General 88,438
Assembly, with the new language of neither of the acts shown in 88,439
capital letters. This is in recognition of the principle stated 88,440
in division (B) of section 1.52 of the Revised Code that such 88,441
amendments are to be harmonized where not substantively 88,442
irreconcilable and constitutes a legislative finding that such is 88,443
the resulting version in effect prior to the effective date of 88,444
this act.
Section 252. Section 5747.02 of the Revised Code is 88,446
presented in this act as a composite of the section as amended by 88,448
1930
both Am. Sub. H.B. 442 and Am. Sub. S.B. 310 of the 121st General 88,449
Assembly, with the new language of neither of the acts shown in 88,451
capital letters. This is in recognition of the principle stated 88,452
in division (B) of section 1.52 of the Revised Code that such 88,453
amendments are to be harmonized where not substantively 88,454
irreconcilable and constitutes a legislative finding that such is 88,455
the resulting version in effect prior to the effective date of 88,456
this act.
Section 253. Section 5747.07 of the Revised Code is 88,458
presented in this act as a composite of the section as amended by 88,459
both Sub. S.B. 74 and Sub. H.B. 715 of the 120th General 88,460
Assembly, with the new language of neither of the acts shown in 88,462
capital letters. This is in recognition of the principle stated 88,463
in division (B) of section 1.52 of the Revised Code that such 88,464
amendments are to be harmonized where not substantively 88,465
irreconcilable and constitutes a legislative finding that such is 88,466
the resulting version in effect prior to the effective date of 88,467
this act.
Section 254. Section 5747.98 of the Revised Code is 88,469
presented in this act as a composite of the section as amended by 88,470
Sub. H.B. 343, Sub. H.B. 441, and Sub. S.B. 18 of the 121st 88,471
General Assembly, with the new language of none of the acts shown 88,473
in capital letters. This is in recognition of the principle 88,474
stated in division (B) of section 1.52 of the Revised Code that 88,475
such amendments are to be harmonized where not substantively 88,476
irreconcilable and constitutes a legislative finding that such is 88,477
the resulting version in effect prior to the effective date of 88,478
this act.