As Introduced* 1
122nd General Assembly 4
Regular Session H. B. No. 770 5
1997-1998 6
REPRESENTATIVE JOHNSON 8
10
A B I L L
To amend sections 101.34, 101.70, 101.71, 101.72, 12
101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 13
121.60, 121.61, 121.62, 121.63, 121.64, 121.65,
121.68, 121.69, 126.14, 131.35, 133.06, 718.01, 14
3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 15
3314.07, 3314.08, 3317.01, 3317.013, 3317.02,
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 17
3317.0212, 3317.0213, 3317.0214, 3317.0215,
3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 18
3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 19
3318.06, 3318.08, 3318.10, 3323.091, 3323.12,
3704.14, 3734.57, 3734.82, 4123.40, 4701.10, 20
4701.20, 4743.05, 4745.01, 5711.22, 5733.04,
5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 21
5733.98, 5747.01, 5747.08, 5747.43, and 5747.98; 23
to enact sections 715.013, 3314.12, 3314.13, 24
3315.171, 3315.181, 3345.122, 4981.091, 5733.058, 25
5733.401, 5733.402, 5747.401, and 5907.15; and to 26
repeal section 5747.452 of the Revised Code; to 27
amend Section 50.11 of Am. Sub. H.B. 215 of the
122nd General Assembly, as subsequently amended; 28
to amend Section 50.11 of Am. Sub. H.B. 215 of 29
the 122nd General Assembly, as subsequently
amended, for the purpose of changing its number 30
to section 3317.162 of the Revised Code; to amend 31
Sections 20.05, 47.13, 58, 62.01, 67.08, 119, 32
190, and 210 of Am. Sub. H.B. 215 of the 122nd
General Assembly; to amend Section 67.05 of Am. 34
2
Sub. H.B. 215 of the 122nd General Assembly, as
amended by Sub. H.B. 446 of the 122nd General 35
Assembly; to amend Sections 50, 50.07, 50.09, 36
50.10, 50.12, 50.13, 50.14, 50.24, and 50.52.10
of Am. Sub. H.B. 215 of the 122nd General 37
Assembly, as amended by Am. Sub. H.B. 650 of the
122nd General Assembly; to amend Section 18 of 38
Am. Sub. H.B. 650 of the 122nd General Assembly; 39
and to amend Section 50.06 of Am. Sub. H.B. 215
of the 122nd General Assembly, as amended by Am. 40
Sub. H.B. 182 and Am. Sub. H.B. 650 of the 122nd 41
General Assembly to correct, supplement, and
modify certain authorizations and conditions 42
established for the operation and administration
of state programs, and to make appropriations for 43
the biennium ending June 30, 1999. 44
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 46
Section 1. That sections 101.34, 101.70, 101.71, 101.72, 48
101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 49
121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 51
133.06, 718.01, 3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 52
3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 53
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 54
3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 55
3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 3318.08, 56
3318.10, 3323.091, 3323.12, 3704.14, 3734.57, 3734.82, 4123.40, 57
4701.10, 4701.20, 4743.05, 4745.01, 5711.22, 5733.04, 5733.05, 58
5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 5747.08,
5747.43, and 5747.98 be amended and sections 715.013, 3314.12, 61
3314.13, 3315.171, 3315.181, 3345.122, 4981.091, 5733.058, 62
5733.401, 5733.402, 5747.401, and 5907.15 of the Revised Code be 63
enacted and that Section 50.11 of Am. Sub. H.B. 215 of the 122nd 64
General Assembly, as most recently amended by Am. Sub. H.B. 650
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of the 122nd General Assembly, be amended and renumbered as 65
section 3317.162 of the Revised Code to read as follows: 66
Sec. 101.34. (A) There is hereby created a joint 75
legislative ethics committee to serve the general assembly. The 76
committee shall be composed of twelve members, six each from the 77
two major political parties, and each member shall serve on the 78
committee during the member's term as a member of that general 80
assembly. Six members of the committee shall be members of the
house of representatives appointed by the speaker of the house of 81
representatives, not more than three from the same political 82
party, and six members of the committee shall be members of the 83
senate appointed by the president of the senate, not more than 84
three from the same political party. A vacancy in the committee 85
shall be filled for the unexpired term in the same manner as an 86
original appointment. The members of the committee shall be 87
appointed within fifteen days after the first day of the first 88
regular session of each general assembly and the committee shall 89
meet and proceed to recommend an ethics code not later than 90
thirty days after the first day of the first regular session of 91
each general assembly. 92
In the first regular session of each general assembly, the 94
speaker of the house of representatives shall appoint the 95
chairperson of the committee from among the house members of the 97
committee and the president of the senate shall appoint the
vice-chairperson of the committee from among the senate members 99
of the committee. In the second regular session of each general 100
assembly, the president of the senate shall appoint the 101
chairperson of the committee from among the senate members of the 102
committee and the speaker of the house of representatives shall 103
appoint the vice-chairperson of the committee from among the 104
house members of the committee. The chairperson, 105
vice-chairperson, and members of the committee shall serve until 107
their respective successors are appointed or until they are no 108
longer members of the general assembly. 109
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The committee shall meet at the call of the chairperson or 112
upon the written request of seven members of the committee. 113
(B) The joint legislative ethics committee: 115
(1) Shall recommend a code of ethics which is consistent 117
with law to govern all members and employees of each house of the 118
general assembly and all candidates for the office of member of 119
each house; 120
(2) May receive and hear any complaint which alleges a 122
breach of any privilege of either house, or misconduct of any 123
member, employee, or candidate, or any violation of CHAPTER 102. 124
OR SECTION 2921.42 OR 2921.43 OF THE REVISED CODE OR the 125
appropriate LEGISLATIVE code of ethics; 126
(3) May obtain information with respect to any complaint 128
filed pursuant to this section and to that end may enforce the 129
attendance and testimony of witnesses, and the production of 130
books and papers; 131
(4) May recommend whatever sanction is appropriate with 133
respect to a particular member, employee, or candidate as will 134
best maintain in the minds of the public a good opinion of the 135
conduct and character of members and employees of the general 136
assembly; 137
(5) May recommend legislation to the general assembly 139
relating to the conduct and ethics of members and employees of 140
and candidates for the general assembly; 141
(6) Shall employ an executive director for the committee 143
and may employ such other staff as the committee determines 144
necessary to assist it in exercising its powers and duties. The 145
executive director and staff of the committee shall be known as 146
the office of legislative inspector general. At least one member 147
of the staff of the committee shall be an attorney at law 148
licensed to practice law in this state. The appointment and 149
removal of the executive director shall require the approval of 150
at least eight members of the committee. 151
(7) May employ a special counsel to assist the committee 153
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in exercising its powers and duties. The appointment and removal 154
of a special counsel shall require the approval of at least eight 155
members of the committee. 156
(8) Shall act as an advisory body to the general assembly 158
and to individual members, candidates, and employees on questions 159
relating to ETHICS, possible conflicts of interest, AND FINANCIAL 161
DISCLOSURE;
(9) Shall provide for the proper forms on which the 163
statement required pursuant to section 102.02 of the Revised Code 164
shall be filed and instructions as to the filing of the 165
statement; 166
(10) Exercise the powers and duties prescribed under IN 168
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised 169
Code; 170
(11) Adopt in accordance with section 111.15 of the 172
Revised Code any rules that are necessary to implement and 173
clarify Chapter 102. and sections 2921.42 and 2921.43 of the 174
Revised Code. 175
(C) There is hereby created in the state treasury the 177
joint legislative ethics committee fund. All money collected 179
from registration fees prescribed under sections 101.72 and 181
121.62 of the Revised Code shall be deposited into the state 182
treasury to the credit of the fund. Money credited to the fund 183
and any interest and earnings from the fund shall be used solely 184
for the operation of the joint legislative ethics committee and 185
the office of legislative inspector general and for the purchase 186
of data storage and computerization facilities for the statements 187
filed with the joint committee under sections 101.73, 101.74, 188
121.63, and 121.64 of the Revised Code. 189
(D) The chairperson of the joint committee shall issue a 192
written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of 193
representatives and to the president and minority leader of the 194
senate that lists the number of committee meetings and 195
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investigations the committee conducted during the immediately 196
preceding calendar year and the number of advisory opinions it 197
issued during the immediately preceding calendar year. 198
(E) Any investigative report that contains facts and 200
findings regarding a complaint filed with the committee and that 201
is prepared by the staff of the committee or a special counsel to 202
the committee shall become a public record upon its acceptance by 203
a vote of the majority of the members of the committee, except 204
for any names of specific individuals and entities contained in 205
the report. If the committee recommends disciplinary action or 206
reports its findings to the appropriate prosecuting authority for 207
proceedings in prosecution of the violations alleged in the 208
complaint, the investigatory report regarding the complaint shall 209
become a public record in its entirety. 210
(F)(1) Any file obtained by or in the possession of the 212
former house ethics committee or former senate ethics committee 213
shall become the property of the joint legislative ethics 214
committee. Any such file is confidential if either of the 215
following applies:
(a) It is confidential under section 102.06 of the Revised 217
Code or the legislative code of ethics. 218
(b) If the file was obtained from the former house ethics 220
committee or from the former senate ethics committee, it was 221
confidential under any statute or any provision of a code of 222
ethics that governed the file.
(2) As used in this division, "file" includes, but is not 224
limited to, evidence, documentation, or any other tangible thing. 225
(G) THE OFFICE OF LEGISLATIVE INSPECTOR GENERAL SHALL 227
EXERCISE THE POWERS AND DUTIES PRESCRIBED TO THE OFFICE IN 228
SECTIONS 101.70 TO 101.79 AND SECTIONS 121.60 TO 121.69 OF THE 230
REVISED CODE.
Sec. 101.70. As used in sections 101.70 to 101.79 and 239
101.99 of the Revised Code: 240
(A) "Person" means any individual, partnership, trust, 242
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estate, business trust, association, or corporation; any labor 243
organization or manufacturer association; any department, 244
commission, board, publicly supported college or university, 245
division, institution, bureau, or other instrumentality of the 246
state; or any county, township, municipal corporation, school 247
district, or other political subdivision of the state. 248
(B) "Legislation" means bills, resolutions, amendments, 250
nominations, and any other matter PROPOSED FOR CONSIDERATION OR 251
pending before the general assembly, any matter pending before 253
the controlling board, or the executive approval or veto of any 254
bill acted upon by the general assembly. 255
(C) "Compensation" means a salary, gift, payment, benefit, 257
subscription, loan, advance, reimbursement, or deposit of money 258
or anything of value; or a contract, promise, or agreement, 259
whether or not legally enforceable, to make compensation. 260
(D)(1) "Expenditure" means any of the following that is 262
made to, at the request of, for the benefit of, or on behalf of 263
any member of the general assembly, any member of the controlling 264
board, the governor, the director of a department created under 265
section 121.02 of the Revised Code, or any member of the staff of 266
any public officer or employee listed in this division: 267
(1)(a) A payment, distribution, loan, advance, deposit, 269
reimbursement, or gift of money, real estate, or anything of 270
value, including, but not limited to, food and beverages, 271
entertainment, lodging, or transportation; 272
(2)(b) A contract, promise, or agreement to make an 274
expenditure, whether or not legally enforceable; 275
(3)(c) The purchase, sale, or gift of services or any 277
other thing of value. 278
"Expenditure 280
(2) "EXPENDITURE" does not include a ANY OF THE FOLLOWING: 284
(a) A contribution, gift, or grant to a foundation or 287
other charitable organization that is exempt from federal income 288
taxation under subsection 501(c)(3) of the Internal Revenue Code. 289
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"Expenditure" does not include the;
(b) THE purchase, sale, or gift of services or any other 291
thing of value that is available to the general public on the 293
same terms as it is available to the persons listed in this 294
division, or an offer or sale of securities to any person listed 295
in this division that is governed by regulation D, 17 C.F.R. 296
2301.501 to 2301.508, adopted under the authority of the 297
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, 298
or that is governed by a comparable provision under state law.; 299
(c) A CONTRIBUTION AS DEFINED IN SECTION 3517.01 OF THE 302
REVISED CODE;
(d) AMOUNTS SPENT FOR TRADE, INDUSTRY, GOVERNMENT, OR 305
PROFESSIONAL ASSOCIATION PUBLICATIONS;
(e) AMOUNTS SPENT FOR PROMOTIONAL MATERIALS OR ITEMS 309
VALUED AT LESS THAN TWENTY-FIVE DOLLARS; 310
(f) AMOUNTS SPENT FOR MEALS AND OTHER FOOD AND BEVERAGES 313
PROVIDED TO ANY PARTICULAR MEMBER OF THE GENERAL ASSEMBLY, ANY 314
PARTICULAR MEMBER OF THE CONTROLLING BOARD, THE GOVERNOR, THE
DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 OF THE 315
REVISED CODE, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE 316
PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (D)(2)(f) OF THIS 318
SECTION AT A MEETING AT WHICH THE PUBLIC OFFICER OR EMPLOYEE 319
PARTICIPATED IN A SEMINAR, PANEL, OR SPEAKING ENGAGEMENT OR 321
PROVIDED TO THE PUBLIC OFFICER OR EMPLOYEE AT A MEETING OR
CONVENTION OF A NATIONAL ORGANIZATION TO WHICH THE PUBLIC 323
EMPLOYER OF THE PUBLIC OFFICER OR PUBLIC EMPLOYEE PAYS MEMBERSHIP 326
DUES.
(E) "Actively advocate" means to promote, advocate, or 328
oppose the INTRODUCTION, passage, modification, defeat, or 329
executive approval or veto of any legislation by direct 331
communication with any member of the general assembly, any member 332
of the controlling board, the governor, the director of any 333
department listed in section 121.02 of the Revised Code, or any 334
member of the staff of any public officer or employee listed in 335
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this division. "Actively advocate" does not include the action of 337
any person not engaged by an employer who has a direct interest 338
in legislation if the person, acting under Section 3 of Article 339
I, Ohio Constitution, assembles together with other persons to 340
consult for their common good, instructs a public officer or 341
employee who is listed in this division, or petitions that public 342
officer or employee for the redress of grievances. 343
(F) "Legislative agent" means any individual, except a 345
member of the general assembly, a member of the staff of the 346
general assembly, the governor, lieutenant governor, attorney 347
general, secretary of state, treasurer of state, or auditor of 348
state, OR ANY OTHER ELECTED OFFICIAL WHO ATTEMPTS TO INFLUENCE OR 349
AFFECT LEGISLATION IN THE PERFORMANCE OF THE INDIVIDUAL'S 350
OFFICIAL DUTIES, who is engaged during at least a SIGNIFICANT 351
portion of his THE INDIVIDUAL'S time to actively advocate as one 353
of his main purposes.
(G) "Employer" means any person who, directly or 355
indirectly, engages a legislative agent. 356
(H) "Engage" means to make any arrangement, and 358
"engagement" means any arrangement, whereby an individual is 359
employed or retained for compensation to act for or on behalf of 362
an employer to actively advocate. 363
(I) "Financial transaction" means a transaction or 365
activity that is conducted or undertaken for profit and arises 366
from the joint ownership or the ownership or part ownership in 367
common of any real or personal property or any commercial or 368
business enterprise of whatever form or nature between the 369
following: 370
(1) A legislative agent, his AN employer OF A LEGISLATIVE 372
AGENT, or a member of the immediate family of the legislative 373
agent or his A LEGISLATIVE AGENT'S employer; and 374
(2) Any member of the general assembly, any member of the 376
controlling board, the governor, the director of a department 377
created under section 121.02 of the Revised Code, or any member 378
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of the staff of a public officer or employee listed in division 379
(I)(2) of this section. 380
"Financial transaction" does not include any transaction or 382
activity described in division (I) of this section if it is 383
available to the general public on the same terms, or if it is an 384
offer or sale of securities to any person listed in division 385
(I)(2) of this section that is governed by regulation D, 17 386
C.F.R. 2301.501 to 2301.508, adopted under the authority of the 387
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, 388
or that is governed by a comparable provision under state law. 389
(J) "Staff" means any state employee whose official duties 391
are to formulate policy and, who exercises administrative or 392
supervisory authority or who authorizes the expenditure of state 393
funds, AND WHO IS REQUIRED TO FILE A FINANCIAL DISCLOSURE 394
STATEMENT UNDER SECTION 102.02 OF THE REVISED CODE. 395
Sec. 101.71. (A) No legislative agent or employer shall 404
knowingly fail to register as required under section 101.72 of 405
the Revised Code AND NO PERSON SHALL KNOWINGLY ACT AS A 406
LEGISLATIVE AGENT OR EMPLOYER WHILE THE PERSON'S REGISTRATION IS 408
SUSPENDED UNDER DIVISION (F) OF SECTION 101.72 OF THE REVISED 409
CODE.
(B) No legislative agent or employer shall knowingly fail 411
to keep a receipt or maintain a record that section 101.73 of the 412
Revised Code requires the person to keep or maintain. 413
(C) No person shall knowingly fail to file a statement 415
that section 101.73 or 101.74 of the Revised Code requires the 416
person to file.
(D) No person shall knowingly file a false statement that 418
section 101.73 or 101.74 of the Revised Code requires the person 419
to file.
Sec. 101.72. (A) Each legislative agent and employer, 428
within ten days following an engagement of a legislative agent, 429
shall file with the joint OFFICE OF legislative ethics committee 431
INSPECTOR GENERAL an initial registration statement showing all 432
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of the following:
(1) The name, business address, and occupation of the 434
legislative agent; 435
(2) The name and business address of the employer and the 437
real party in interest on whose behalf the legislative agent is 438
actively advocating, if it is different from the employer. For 439
the purposes of division (A) of this section, where a trade 440
association or other charitable or fraternal organization that is 441
exempt from federal income taxation under subsection 501(c) of 442
the federal Internal Revenue Code is the employer, the statement 443
need not list the names and addresses of each member of the 444
association or organization, so long as the association or 445
organization itself is listed. 446
(3) A brief description of the type of legislation to 448
which the engagement relates. 449
(B) In addition to the initial registration statement 451
required by division (A) of this section, each legislative agent 452
and employer shall file with the joint committee OFFICE, not 453
later than the last day of January, May, and September JULY of 456
each year, an updated registration statement that confirms the 458
continuing existence of each engagement described in an initial 459
registration statement and that lists the specific bills or 460
resolutions on which the LEGISLATIVE agent actively advocated
under that engagement during the period covered by the updated 462
statement, and with it any statement of expenditures required to 463
be filed by section 101.73 of the Revised Code and any details of 464
financial transactions required to be filed by section 101.74 of 465
the Revised Code. 466
(C) If a legislative agent is engaged by more than one 468
employer, the agent shall file a separate initial and updated 469
registration statement for each engagement. If an employer 470
engages more than one legislative agent, the employer need file 471
only one updated registration statement under division (B) of 472
this section, which shall contain the information required by 473
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division (B) of this section regarding all of the legislative 474
agents engaged by the employer. 475
(D)(1) A change in any information required by division 477
(A)(1), (2), or (B) of this section shall be reflected in the 478
next updated registration statement filed under division (B) of 479
this section. 480
(2) Within thirty days after the termination of an 482
engagement, the legislative agent who was employed under the 483
engagement shall send written notification of the termination to 484
the joint committee OFFICE. 485
(E) Except as otherwise provided in this division, a 487
registration fee of ten dollars shall be charged for filing an 488
initial registration statement. All money collected from this 489
registration fee shall be deposited to the credit of the joint 490
legislative ethics committee fund created under section 101.34 of 492
the Revised Code. An officer or employee of a state agency who 494
actively advocates in a fiduciary capacity as a representative of 495
that state agency need not pay the registration fee prescribed by 496
this division or file expenditure statements under section 101.73 498
of the Revised Code. As used in this division, "state agency" 499
does not include a state institution of higher education as 500
defined in section 3345.011 of the Revised Code. 501
(F) Upon registration pursuant to division (A) of this 503
section, the legislative agent shall be issued a card by the 504
joint committee OFFICE showing that the legislative agent is 505
registered. The registration card and the legislative agent's 507
registration shall be valid from the date of their issuance until 508
the next thirty-first day of December of an even-numbered year 509
UNLESS THE LEGISLATIVE AGENT'S REGISTRATION IS SUSPENDED UNDER 510
THIS DIVISION.
ANY PERSON FOUND GUILTY OF TWO OR MORE VIOLATIONS OF 512
DIVISION (A), (B), (C), OR (D) OF SECTION 101.71, OR OF SECTION 513
2921.02 OR 2921.13, OF THE REVISED CODE IS PROHIBITED THEREAFTER 514
FROM REGISTERING AS A LEGISLATIVE AGENT OR AN EMPLOYER OF A 515
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LEGISLATIVE AGENT, AND ANY EXISTING REGISTRATION OF THAT PERSON 516
IS REVOKED. ANY PERSON ASSESSED THE MAXIMUM LATE FILING FEE 517
UNDER DIVISION (G) OF THIS SECTION FOR TWO SUCCESSIVE SIX-MONTH 518
REPORTING PERIODS IS PROHIBITED FROM REGISTERING AS A LEGISLATIVE
AGENT OR EMPLOYER OF A LEGISLATIVE AGENT FOR SIX MONTHS, AND ANY 519
EXISTING REGISTRATION OF THAT PERSON IS SUSPENDED FOR SIX MONTHS. 520
(G) The executive director of the joint committee OFFICE 522
shall be responsible for reviewing each registration statement 524
filed with the joint committee OFFICE under this section and for 525
determining whether the statement contains all of the information 527
required by this section. If the joint committee OFFICE 528
determines that the registration statement does not contain all 530
of the required information or that a legislative agent or 531
employer has failed to file a registration statement, the joint 532
committee OFFICE shall send written notification by certified 534
mail to the person who filed the registration statement regarding 535
the deficiency in the statement or to the person who failed to 536
file the registration statement regarding the failure. Any 537
person so notified by the joint committee OFFICE shall, not later 538
than fifteen days after receiving the notice, file a registration 539
statement or an amended registration statement that does contain 540
all of the information required by this section. If any person 541
who receives a notice under this division fails to file a 542
registration statement or such an amended registration statement 543
within this fifteen-day period, the joint committee OFFICE shall 544
notify the attorney general, who may take appropriate action as 546
authorized under section 101.79 of the Revised Code. If the 547
joint committee notifies the attorney general under this 548
division, the joint committee shall also notify in writing the 549
governor and each member of the general assembly of the pending 550
investigation ASSESS A LATE FILING FEE OF TWENTY-FIVE DOLLARS PER 551
DAY, UP TO A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS, UPON THAT 552
PERSON. IF ANY PERSON ASSESSED THE MAXIMUM
TWO-HUNDRED-FIFTY-DOLLAR LATE FEE UNDER THIS DIVISION STILL FAILS 553
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TO FILE A REGISTRATION STATEMENT OR AN AMENDED REGISTRATION 554
STATEMENT, THE OFFICE MAY REFER THE MATTER TO APPROPRIATE 555
PROSECUTING AUTHORITY.
(H) On or before the fifteenth day of March of each year, 557
the joint committee OFFICE shall, in the manner and form that it 559
determines, publish a report containing statistical information
on the registration statements filed with it under this section 560
during the preceding year. 561
Sec. 101.73. (A) Each legislative agent and each employer 570
shall file in the office of the joint legislative ethics 571
committee INSPECTOR GENERAL, with the updated registration 572
statement required by division (B) of section 101.72 of the 574
Revised Code, a statement of expenditures as specified in 575
divisions (B) and (C) of this section. A legislative agent shall 576
file a separate statement of expenditures under this section for 577
each employer engaging him THE LEGISLATIVE AGENT. 578
(B)(1) In addition to the information required by 580
divisions (B)(2) and (3) of this section, a statement filed by a 582
legislative agent shall show the total amount of expenditures 583
made by the legislative agent during the reporting period covered 584
by the statement. 585
(2) If, during a reporting period covered by a statement, 587
an employer or any legislative agent he engaged made, either 589
separately or in combination with each other, either directly or 591
indirectly, expenditures to, at the request of, for the benefit 593
of, or on behalf of any particular member of the general
assembly, any particular member of the controlling board, the 594
governor, the director of a department created under section 595
121.02 of the Revised Code, or any particular member of the staff 596
of any of the public officers or employees listed in division 597
(B)(2) of this section, then the employer or legislative agent 598
shall also state all of the following: 599
(a) The name of the public officer or employee to whom, at 601
whose request, for whose benefit, or on whose behalf the 602
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expenditures were made; 603
(b) The total amount of the expenditures made; 605
(c) A brief description of the expenditures made; 607
(d) The approximate date the expenditures were made; 609
(e) The specific items of legislation, if any, for which 611
the expenditures were made and the identity of the client on 612
whose behalf each expenditure was made. 613
As used in division (B)(2) of this section, "expenditures" 615
does not include expenditures made by a legislative agent as 616
payment for meals and other food and beverages. 617
(3) If, during a reporting period covered by a statement, 619
a legislative agent made expenditures as payment for meals and 621
other food and beverages, other than for meals and other food and 623
beverages provided to a member of the general assembly at a 624
meeting at which the member participated in a panel, seminar, or 625
speaking engagement or provided to a member of the general 626
assembly at a meeting or convention of a national organization to 627
which either house of the general assembly, any legislative
agency, or any other state agency pays membership dues, that, 628
when added to the amount of previous payments made for meals and 629
other food and beverages by that legislative agent during that 630
same calendar year, exceeded a total of fifty dollars to, at the 632
request of, for the benefit of, or on behalf of any particular 633
member of the general assembly, any particular member of the 634
controlling board, the governor, the director of a department 635
created under section 121.02 of the Revised Code, or any 636
particular member of the staff of any of the public officers or 637
employees listed in division (B)(3) of this section, then the
legislative agent shall also state all of the following regarding 639
those expenditures:
(a) The name of the public officer or employee to whom, at 641
whose request, for whose benefit, or on whose behalf the 642
expenditures were made; 643
(b) The total amount of the expenditures made; 645
16
(c) A brief description of the expenditures made; 647
(d) The approximate date the expenditures were made; 649
(e) The specific items of legislation, if any, for which 651
the expenditures were made and the identity of the client on 652
whose behalf each expenditure was made. 653
(C)(1) In addition to the information required by 655
divisions (B)(C)(2) and (3) of this section, a statement filed by 658
an employer shall show the total amount of expenditures made by 659
the employer filing the statement during the period covered by 660
the statement. As used in this section, "expenditures" does not 661
include the expenses of maintaining office facilities or the 663
compensation paid to legislative agents engaged by an employer. 665
(2) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, 667
AN EMPLOYER MADE, EITHER DIRECTLY OR INDIRECTLY, EXPENDITURES TO, 669
AT THE REQUEST OF, FOR THE BENEFIT OF, OR ON BEHALF OF ANY 670
PARTICULAR MEMBER OF THE GENERAL ASSEMBLY, ANY PARTICULAR MEMBER 671
OF THE CONTROLLING BOARD, THE GOVERNOR, THE DIRECTOR OF A 672
DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, OR 673
ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS 675
OR EMPLOYEES LISTED IN DIVISION (C)(2) OF THIS SECTION, THEN THE 676
EMPLOYER SHALL ALSO STATE ALL OF THE FOLLOWING: 677
(a) THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT 679
WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE 680
EXPENDITURES WERE MADE; 681
(b) THE TOTAL AMOUNT OF THE EXPENDITURES MADE; 683
(c) A BRIEF DESCRIPTION OF THE EXPENDITURES MADE; 685
(d) THE APPROXIMATE DATE THE EXPENDITURES WERE MADE; 687
(e) THE SPECIFIC ITEMS OF LEGISLATION, IF ANY, FOR WHICH 689
THE EXPENDITURES WERE MADE. 690
AS USED IN DIVISION (C)(2) OF THIS SECTION, "EXPENDITURES" 692
DOES NOT INCLUDE EXPENDITURES MADE BY AN EMPLOYER AS PAYMENT FOR 693
MEALS AND OTHER FOOD AND BEVERAGES. 694
(3) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, 696
AN EMPLOYER MADE EITHER DIRECTLY OR INDIRECTLY EXPENDITURES AS 697
17
PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES TO, AT THE REQUEST 701
OF, FOR THE BENEFIT OF, OR ON BEHALF OF ANY PARTICULAR MEMBER OF 702
THE GENERAL ASSEMBLY, ANY PARTICULAR MEMBER OF THE CONTROLLING 703
BOARD, THE GOVERNOR, THE DIRECTOR OF A DEPARTMENT CREATED UNDER 704
SECTION 121.02 OF THE REVISED CODE, OR ANY PARTICULAR MEMBER OF 705
THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN 706
DIVISION (C)(3) OF THIS SECTION, THEN THE EMPLOYER SHALL ALSO 707
STATE ALL OF THE FOLLOWING REGARDING THOSE EXPENDITURES: 708
(a) THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT 710
WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE 711
EXPENDITURES WERE MADE; 712
(b) THE TOTAL AMOUNT OF THE EXPENDITURES MADE; 714
(c) A BRIEF DESCRIPTION OF THE EXPENDITURES MADE; 716
(d) THE APPROXIMATE DATE THE EXPENDITURES WERE MADE; 718
(e) THE SPECIFIC ITEMS OF LEGISLATION, IF ANY, FOR WHICH 720
THE EXPENDITURES WERE MADE AND ON WHOSE BEHALF EACH EXPENDITURE 722
WAS MADE.
(4) No employer is required to show any expenditure on a 724
statement filed under this division if the expenditure is 725
reported on a statement filed under division (B) of this section 726
by a legislative agent engaged by the employer. 727
(D) Any statement required to be filed under this section 730
shall be filed at the times specified in section 101.72 of the 731
Revised Code. Each statement shall cover expenditures made 732
during the four-calendar-month SIX-CALENDAR-MONTH period that 733
ended on the last day of the month immediately preceding the 735
month in which the statement is required to be filed. 736
No portion of the amount of an expenditure for a dinner, 738
party, or other SIMILAR function sponsored by an employer or 739
legislative agent need be attributed to, or counted toward the 741
amount for, a reporting period specified in division (B)(2) or 742
(3) OR (C)(2) OR (3) of this section if the sponsor has invited 744
to the function all the members of either of the following: 745
(1) The general assembly; 747
18
(2) Either house of the general assembly. 749
However, the amount spent for such function and its date 751
and purpose shall be reported separately on the statement 752
required to be filed under this section and the amount spent for 753
the function shall be added with other expenditures for the 754
purpose of determining the total amount of expenditures reported 755
in the statement under division (B)(1) or (C)(1) of this section. 756
If it is impractical or impossible for a legislative agent 758
or employer to determine exact dollar amounts or values of 759
expenditures, reporting of good faith estimates, based upon 760
reasonable accounting procedures, constitutes compliance with 761
this section. 762
(E) All legislative agents and employers shall retain 764
receipts or maintain records for all expenditures that are 765
required to be reported pursuant to this section. These receipts 766
or records shall be maintained for a period ending on the 767
thirty-first day of December of the second calendar year after 768
the year in which the expenditure was made. 769
(F)(1) An employer or legislative agent who is required to 771
file an expenditure statement under division (B) or (C) of this 773
section shall deliver a copy of the statement, or of the portion 774
showing the expenditure, to the public officer or employee who is 775
listed in the statement as having received the expenditure or on 776
whose behalf it was made, at least ten days before the date on 777
which the statement is filed.
(2) If, during a reporting period covered by an 779
expenditure statement filed under division (B)(2) of this 781
section, an employer or any legislative agent he engaged made, 783
either separately or in combination with each other, either
directly or indirectly, expenditures for transportation, lodging, 784
or food and beverages purchased for consumption on the premises 785
in which the food and beverages were sold to, at the request of, 786
for the benefit of, or on behalf of any of the public officers or 788
employees described in division (B)(2) of this section, the 789
19
employer or legislative agent shall deliver to the public officer 790
or employee a statement that contains all of the nondisputed 791
information prescribed in division (B)(2)(a) through (e) of this 792
section with respect to the expenditures described in division 793
(F)(2) of this section. The statement of expenditures made under 794
division (F)(2) of this section shall be delivered to the public 795
officer or employee to whom, at whose request, for whose benefit, 796
or on whose behalf those expenditures were made on the same day
in which a copy of the expenditure statement or of a portion 797
showing the expenditure is delivered to the public officer or 798
employee under division (F)(1) of this section. An employer is 799
not required to show any expenditure on a statement delivered 800
under division (F)(2) of this section if the expenditure is shown 801
on a statement delivered under division (F)(2) of this section by 802
a legislative agent engaged by the employer.
Sec. 101.74. (A) Any legislative agent who has had any 811
financial transaction with or for the benefit of any member of 812
the general assembly, any member of the controlling board, the 813
governor, the director of a department created under section 814
121.02 of the Revised Code, or any member of the staff of any 815
public officer or employee listed in this division shall describe 816
the details of the transaction, including the name of the public 817
officer or employee, the purpose and nature of the transaction, 818
and the date it was made or entered into, in a statement filed 819
with the OFFICE OF THE LEGISLATIVE INSPECTOR GENERAL AND, IF THE 820
TRANSACTION WAS WITH OR FOR THE BENEFIT OF ANY MEMBER OF THE 821
GENERAL ASSEMBLY OR ANY MEMBER OF THE STAFF OF A MEMBER OF THE 822
GENERAL ASSEMBLY, FILED WITH THE joint legislative ethics 823
committee TOGETHER with the updated registration statement 825
required by division (B) of section 101.72 of the Revised Code. 826
The statement shall be filed at the times specified in section 827
101.72 of the Revised Code. Each statement shall describe each 828
financial transaction that occurred during the 829
four-calendar-month SIX-CALENDAR-MONTH period that ended on the 830
20
last day of the month immediately preceding the month in which 832
the statement is required to be filed. 833
(B) Except as provided in division (D) of this section, 835
any employer who has had any financial transaction with or for 836
the benefit of any member of the general assembly, any member of 837
the controlling board, the governor, the director of a department 838
created under section 121.02 of the Revised Code, or any member 839
of the staff of any public officer or employee listed in this 840
division shall describe the details of the transaction, including 841
the name of the public officer or employee, the purpose and 842
nature of the transaction, and the date it was made or entered 843
into, in a statement filed with the OFFICE OF THE LEGISLATIVE 844
INSPECTOR GENERAL AND, IF THE TRANSACTION WAS WITH OR FOR THE 845
BENEFIT OF ANY MEMBER OF THE GENERAL ASSEMBLY OR ANY MEMBER OF 846
THE STAFF OF A MEMBER OF THE GENERAL ASSEMBLY, FILED WITH THE 847
joint LEGISLATIVE ETHICS committee TOGETHER with the updated 849
registration statement required by division (B) of section 101.72 851
of the Revised Code. The statement shall be filed at the times 852
specified in section 101.72 of the Revised Code. Each statement 853
shall describe each financial transaction that occurred during 854
the four-calendar-month SIX-CALENDAR-MONTH period that ended on 855
the last day of the month immediately preceding the month in 857
which the statement is required to be filed. 858
(C) An employer or legislative agent who is required to 860
file a statement describing a financial transaction under this 861
section shall deliver a copy of the statement to the public 862
officer or employee with whom or for whose benefit the 863
transaction was made at least ten days before the date on which 864
the statement is filed. 865
(D) No employer shall be required to file any statement 867
under this section or to deliver a copy of the statement to a 868
public officer or employee with whom or for whose benefit the 869
transaction was made if the financial transaction to which the 870
statement pertains is reported by a legislative agent engaged by 871
21
the employer. 872
Sec. 101.75. If a dispute arises between any member of the 881
general assembly, any member of the controlling board, or a 882
member of the staff of the general assembly or controlling board 883
and an employer or legislative agent with respect to an 884
expenditure or financial transaction alleged in any statement to 885
be filed under section 101.73 or 101.74 of the Revised Code, the 886
member, STAFF MEMBER, employer, or legislative agent may file a 887
complaint with the joint legislative ethics committee. The 890
committee shall proceed to investigate the complaint as provided 891
for other complaints in section 101.34 of the Revised Code. 892
The complaint shall be filed at least three days prior to 894
the time the statement is required to be filed with the joint 895
legislative ethics committee. The time for filing a disputed 896
expenditure or financial transaction in any statement of 897
expenditures or the details of a financial transaction shall be 898
extended pending the final decision of the joint committee. This 899
extension does not extend the time for filing the nondisputed 900
portions of an expenditure A statement OF EXPENDITURES or of the 902
details of a financial transaction. The joint committee shall 903
notify the parties of its final decision by certified mail. If 904
the committee decides that the disputed expenditure or financial 905
transaction should be reported, the employer or legislative agent 906
shall include the matter in an amended statement and file the 907
amended statement not later than ten days after the employer or 908
agent receives notice of the decision of the committee by 909
certified mail.
IF A DISPUTE ARISES BETWEEN THE GOVERNOR, THE DIRECTOR OF A 911
DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, OR A 912
MEMBER OF THE STAFF OF THE GOVERNOR, OR THE DIRECTOR OF A 913
DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, AND
AN EMPLOYER OR LEGISLATIVE AGENT WITH RESPECT TO AN EXPENDITURE 914
OR FINANCIAL TRANSACTION ALLEGED IN ANY STATEMENT TO BE FILED 915
UNDER SECTION 101.73 OR 101.74 OF THE REVISED CODE, THE GOVERNOR, 916
22
DEPARTMENT DIRECTOR, STAFF MEMBER, EMPLOYER, OR LEGISLATIVE AGENT 917
MAY FILE A COMPLAINT PURSUANT TO SECTION 121.65 OF THE REVISED
CODE. THE OFFICE OF LEGISLATIVE INSPECTOR GENERAL SHALL PROCEED 918
TO INVESTIGATE THE COMPLAINT AS PROVIDED FOR OTHER COMPLAINTS IN 919
SECTION 121.69 OF THE REVISED CODE.
An employer or legislative agent who files a false 921
statement of expenditures or details of a financial transaction 922
is liable in a civil action to any public officer or employee who 923
sustains damage as a result of the filing or publication of the 924
statement. 925
Sec. 101.77. No person shall engage any person to actively 934
advocate in exchange for compensation that is contingent in any 935
way upon the INTRODUCTION, passage, modification, or defeat of 936
any legislation. No person shall accept any engagement to 938
actively advocate in exchange for compensation that is contingent 939
in any way upon the INTRODUCTION, passage, modification, or 940
defeat of any legislation.
Sec. 101.78. (A) The joint OFFICE OF legislative ethics 949
committee INSPECTOR GENERAL shall keep on file the statements 951
required by sections 101.72, 101.73, and 101.74 of the Revised 952
Code. Those statements are public records and open to public 953
inspection, and the joint committee OFFICE shall computerize them 954
so that the information contained in them is readily accessible 955
to the general public. The joint committee OFFICE shall provide 956
copies of the statements to the general public upon request and 958
may charge a reasonable fee not to exceed the cost of copying and 959
delivering each statement.
(B) The joint committee OFFICE shall prescribe and make 961
available an appropriate form for filing the information required 963
by sections 101.72, 101.73, and 101.74 of the Revised Code. The 964
form shall contain the following notice in boldface type: "ANY 965
PERSON WHO KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF 966
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS 967
A MISDEMEANOR OF THE FIRST DEGREE." 968
23
(C) The joint committee OFFICE shall publish a handbook 970
that explains in clear and concise language sections 101.70 to 971
101.79 and 101.99 of the Revised Code and make it available free 972
of charge to members of the general assembly, legislative agents, 973
employers, and any other interested persons. 974
(D) Not later than the last day of February and October of 976
each year, the joint committee OFFICE shall compile from 977
registration statements filed with it a complete and updated list 979
of registered legislative agents and their employers and 980
distribute the list to each member of the general assembly, each 981
member of the controlling board who is not a member of the 982
general assembly, and the governor. The joint committee OFFICE 983
shall provide copies of the list to the general public upon 985
request and may charge a reasonable fee not to exceed the cost of 986
copying and delivering the list. 987
(E) The joint committee may adopt rules as necessary to 989
implement sections 101.70 to 101.79 of the Revised Code, and any 991
such rules it adopts shall be adopted in accordance with section 993
111.15 of the Revised Code.
Sec. 101.79. (A) The attorney GENERAL AND THE OFFICE OF 1,002
LEGISLATIVE INSPECTOR general and any assistant or special 1,004
counsel designated by him THE ATTORNEY GENERAL OR OFFICE may 1,005
investigate compliance with sections 101.70 to 101.78 of the 1,007
Revised Code, EXCEPT AS OTHERWISE PROVIDED IN SECTION 101.75 OF
THE REVISED CODE, and with section 2921.13 of the Revised Code in 1,009
connection with statements required to be filed under these 1,010
sections and, in the event of an apparent violation, shall MAY 1,011
report his THE findings OF THE INVESTIGATION to the APPROPRIATE 1,013
prosecuting attorney of Franklin county AUTHORITY, who shall 1,014
institute such proceedings as are appropriate. 1,015
(B) AS PART OF AN INVESTIGATION, THE LEGISLATIVE INSPECTOR 1,017
GENERAL, OR A DESIGNEE, MAY ADMINISTER OATHS, EXAMINE WITNESSES, 1,020
AND ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO COMPEL THE 1,021
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL KINDS OF BOOKS, 1,022
24
RECORDS, PAPERS, AND TANGIBLE THINGS. UPON THE REFUSAL OF A
WITNESS TO BE SWORN OR TO ANSWER ANY QUESTION PUT TO THE WITNESS, 1,024
OR IF A PERSON DISOBEYS A SUBPOENA, THE LEGISLATIVE INSPECTOR
GENERAL SHALL APPLY TO THE COURT OF COMMON PLEAS FOR A CONTEMPT 1,025
ORDER, AS IN THE CASE OF DISOBEDIENCE TO THE REQUIREMENTS OF A 1,026
SUBPOENA ISSUED FROM THE COURT OF COMMON PLEAS, OR A REFUSAL TO 1,027
TESTIFY IN THE COURT.
Sec. 121.60. As used in sections 121.60 to 121.69 of the 1,036
Revised Code: 1,037
(A) "Person" and "compensation" have the same meanings as 1,039
in section 101.70 of the Revised Code. 1,040
(B)(1) "Expenditure" means any of the following that is 1,042
made to, at the request of, for the benefit of, or on behalf of 1,043
an elected executive official, the director of a department 1,044
created under section 121.02 of the Revised Code, an executive 1,045
agency official, or a member of the staff of any public officer 1,046
or employee listed in this division: 1,047
(1)(a) A payment, distribution, loan, advance, deposit, 1,049
reimbursement, or gift of money, real estate, or anything of 1,050
value, including, but not limited to, food and beverages, 1,051
entertainment, lodging, transportation, or honorariums; 1,052
(2)(b) A contract, promise, or agreement to make an 1,054
expenditure, whether or not legally enforceable; 1,055
(3)(c) The purchase, sale, or gift of services or any 1,057
other thing of value. "Expenditure 1,058
(2) "EXPENDITURE" does not include a ANY OF THE FOLLOWING: 1,061
(a) A contribution, gift, or grant to a foundation or 1,065
other charitable organization that is exempt from federal income 1,066
taxation under subsection 501(c)(3) of the Internal Revenue Code. 1,067
"Expenditure" does not include the;
(b) THE purchase, sale, or gift of services or any other 1,070
thing of value that is available to the general public on the 1,071
same terms as it is available to the persons listed in this 1,072
division, or an offer or sale of securities to any person listed 1,073
25
in this division that is governed by regulation D, 17 C.F.R. 1,074
2301.501 to 2301.508, adopted under the authority of the 1,075
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, 1,076
or that is governed by a comparable provision under state law.; 1,077
(c) A CONTRIBUTION AS DEFINED IN SECTION 3517.01 OF THE 1,081
REVISED CODE; 1,082
(d) AMOUNTS SPENT FOR TRADE, INDUSTRY, GOVERNMENT, OR 1,085
PROFESSIONAL ASSOCIATION PUBLICATIONS;
(e) AMOUNTS SPENT FOR PROMOTIONAL MATERIALS OR ITEMS 1,088
VALUED AT LESS THAN TWENTY-FIVE DOLLARS; 1,089
(f) AMOUNTS SPENT FOR MEALS AND OTHER FOOD AND BEVERAGES 1,092
PROVIDED TO A PARTICULAR ELECTED EXECUTIVE OFFICIAL, THE DIRECTOR 1,093
OF A DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, 1,094
A PARTICULAR EXECUTIVE AGENCY OFFICIAL, OR ANY PARTICULAR MEMBER 1,095
OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN 1,096
DIVISION (B)(2)(f) OF THIS SECTION AT A MEETING AT WHICH THE 1,098
PUBLIC OFFICER OR EMPLOYEE PARTICIPATED IN A SEMINAR, PANEL, OR
SPEAKING ENGAGEMENT OR PROVIDED TO THE PUBLIC OFFICER OR EMPLOYEE 1,100
AT A MEETING OR CONVENTION OF A NATIONAL ORGANIZATION TO WHICH 1,102
THE PUBLIC EMPLOYER OF THE PUBLIC OFFICER OR PUBLIC EMPLOYEE PAYS 1,103
MEMBERSHIP DUES. 1,104
(C) "Employer" means any person who, directly or 1,106
indirectly, engages an executive agency lobbyist. 1,107
(D) "Engage" means to make any arrangement, and 1,109
"engagement" means arrangement, whereby an individual is employed 1,110
or retained for compensation to act for or on behalf of an 1,112
employer to influence executive agency decisions or to conduct 1,113
any executive agency lobbying activity. 1,114
(E) "Financial transaction" means a transaction or 1,116
activity that is conducted or undertaken for profit and arises 1,117
from the joint ownership or the ownership or part ownership in 1,118
common of any real or personal property or any commercial or 1,119
business enterprise of whatever form or nature between the 1,120
following: 1,121
26
(1) An executive agency lobbyist, his THE EXECUTIVE AGENCY 1,123
LOBBYIST'S employer, or a member of the immediate family of the 1,125
executive agency lobbyist or his THE EXECUTIVE AGENCY LOBBYIST'S 1,126
employer; and
(2) Any elected executive official, the director of a 1,128
department created under section 121.02 of the Revised Code, an 1,129
executive agency official, or any member of the staff of a public 1,130
officer or employee listed in division (E)(2) of this section. 1,131
"Financial transaction" does not include any transaction or 1,133
activity described in division (E) of this section if it is 1,134
available to the general public on the same terms, or if it is an 1,135
offer or sale of securities to any person listed in division 1,136
(E)(2) of this section that is governed by regulation D, 17 1,137
C.F.R. 2301.501 to 2301.508, adopted under the authority of the 1,138
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, 1,139
or that is governed by a comparable provision under state law. 1,140
(F) "Executive agency" means the office of an elected 1,142
executive official, a department created under section 121.02 of 1,143
the Revised Code, or any other state agency, department, board, 1,144
or commission controlled or directed by an elected executive 1,145
official or otherwise subject to his AN ELECTED EXECUTIVE 1,146
OFFICIAL'S authority. "Executive agency" does not include any 1,148
court, the general assembly, or the controlling board. 1,149
(G) "Executive agency decision" means a decision of an 1,151
executive agency regarding the expenditure of funds of the state 1,152
or of an executive agency with respect to the award of a 1,153
contract, grant, lease, or other financial arrangement under 1,154
which such funds are distributed or allocated, or a regulatory 1,155
decision of an executive agency or any board or commission of the 1,156
state. "Executive agency decision" does not include either of 1,157
the following:
(1) A purchasing decision for which a vendor has filed a 1,159
statement certifying that he THE VENDOR has not made campaign 1,160
contributions in an amount such that section 3517.13 of the 1,162
27
Revised Code would invalidate the decision, if that vendor has 1,163
not engaged an executive agency lobbyist; 1,164
(2) The award of a competitively bid contract for which 1,166
bid specifications were prepared and for which at least three 1,167
eligible competitive bids were received by the executive agency. 1,168
(H) "Executive agency lobbyist" means any person engaged 1,170
to influence executive agency decisions or to conduct executive 1,171
agency lobbying activity as one of his main purposes on a regular 1,173
and substantial basis DURING A SIGNIFICANT PORTION OF THE 1,174
PERSON'S TIME. "Executive agency lobbyist" does not include an 1,176
elected or appointed officer or employee of a federal or state 1,177
agency, state college, state university, or political subdivision 1,178
who attempts to influence or affect executive agency decisions in 1,179
his A fiduciary capacity as a representative of his THE OFFICER'S 1,180
OR EMPLOYEE'S agency, college, university, or political 1,181
subdivision.
(I) "Executive agency lobbying activity" means contacts 1,183
made to promote, oppose, or otherwise influence the outcome of an 1,184
executive agency decision by direct communication with an elected 1,185
executive official, the director of any department listed in 1,186
section 121.02 of the Revised Code, any executive agency 1,187
official, or a member of the staff of any public officer or 1,188
employee listed in this division. "Lobbying activity" does not 1,189
include any of the following: 1,190
(1) The action of any person having a direct interest in 1,192
executive agency decisions who, under Section 3 of Article I, 1,193
Ohio Constitution, assembles together with other persons to 1,194
consult for their common good, instructs a person listed in the 1,195
first paragraph of division (I) of this section, or petitions 1,196
such a person for the redress of grievances; 1,197
(2) Contacts made for the sole purpose of gathering 1,199
information contained in a public record; 1,200
(3) Appearances before an executive agency to give 1,202
testimony. 1,203
28
(J) "Executive agency official" means an officer or 1,205
employee of an executive agency whose principal duties are to 1,206
formulate policy or to participate directly or indirectly in the 1,207
preparation, review, or award of contracts, grants, leases, or 1,208
other financial arrangements with an executive agency. 1,209
(K) "Aggrieved party" means a party entitled to resort to 1,211
a remedy. 1,212
(L) "Elected executive official" means the governor, 1,214
lieutenant governor, secretary of state, auditor of state, 1,215
treasurer of state, and the attorney general. 1,216
(M) "Staff" means any officer or employee of an executive 1,218
agency whose official duties are to formulate policy and, who 1,219
exercises administrative or supervisory authority or who 1,220
authorizes the expenditure of state funds, AND WHO IS REQUIRED TO 1,221
FILE A DISCLOSURE STATEMENT UNDER SECTION 102.02 OF THE REVISED 1,222
CODE.
Sec. 121.61. (A) No person shall knowingly fail to 1,231
register as required under section 121.62 of the Revised Code AND 1,232
NO PERSON SHALL KNOWINGLY ACT AS AN EXECUTIVE AGENCY LOBBYIST OR 1,234
EMPLOYER WHILE THE PERSON'S REGISTRATION IS SUSPENDED UNDER
DIVISION (F) OF SECTION 121.62 OF THE REVISED CODE. 1,236
(B) No person shall knowingly fail to keep a receipt or 1,238
maintain a record that section 121.63 of the Revised Code 1,239
requires the person to keep or maintain. 1,240
(C) No person shall knowingly fail to file a statement 1,242
that section 121.63 or 121.64 of the Revised Code requires the 1,243
person to file.
(D) No person shall knowingly file a false statement that 1,245
section 121.63 or 121.64 of the Revised Code requires the person 1,246
to file.
Sec. 121.62. (A) Each executive agency lobbyist and each 1,255
employer shall file with the joint OFFICE OF legislative ethics 1,257
committee INSPECTOR GENERAL, within ten days following the 1,258
engagement of an executive agency lobbyist, an initial A JOINT 1,259
29
registration statement showing all of the following: 1,261
(1) The name, business address, and occupation of the 1,263
executive agency lobbyist; 1,264
(2) The name and business address of the employer or of 1,266
the real party in interest on whose behalf the executive agency 1,267
lobbyist is acting, if it is different from the employer. For 1,268
the purposes of division (A) of this section, where a trade 1,269
association or other charitable or fraternal organization that is 1,270
exempt from federal income taxation under subsection 501(c) of 1,271
the federal Internal Revenue Code is the employer, the statement 1,272
need not list the names and addresses of every member of the 1,273
association or organization, so long as the association or 1,274
organization itself is listed. 1,275
(3) A brief description of the executive agency decision 1,277
to which the engagement relates; 1,278
(4) The name of the executive agency or agencies to which 1,280
the engagement relates. 1,281
(B) In addition to the initial registration statement 1,283
required by division (A) of this section, each executive agency 1,284
lobbyist and employer shall file with the joint committee OFFICE, 1,286
not later than the last day of January, May, and September JULY 1,288
of each year, an updated registration statement that confirms the 1,289
continuing existence of each engagement described in an initial 1,290
registration statement and that lists the specific executive 1,291
agency decisions that the lobbyist sought to influence under the 1,292
engagement during the period covered by the updated statement, 1,293
and with it any statement of expenditures required to be filed by 1,294
section 121.63 of the Revised Code and any details of financial 1,295
transactions required to be filed by section 121.64 of the 1,296
Revised Code. 1,297
(C) If an executive agency lobbyist is engaged by more 1,299
than one employer, the lobbyist shall file a separate initial and 1,300
updated registration statement for each engagement. If an 1,301
employer engages more than one executive agency lobbyist, the 1,302
30
employer need file only one updated registration statement under 1,303
division (B) of this section, which shall contain the information 1,304
required by division (B) of this section regarding all of the 1,305
executive agency lobbyists engaged by the employer. 1,306
(D)(1) A change in any information required by division 1,308
(A)(1), (2), or (B) of this section shall be reflected in the 1,309
next updated registration statement filed under division (B) of 1,310
this section. 1,311
(2) Within thirty days following the termination of an 1,313
engagement, the executive agency lobbyist who was employed under 1,314
the engagement shall send written notification of the termination 1,315
to the joint committee OFFICE. 1,316
(E) A registration fee of ten dollars shall be charged for 1,318
filing an initial registration statement. All money collected 1,319
from this fee shall be deposited into the state treasury to the 1,320
credit of the joint legislative ethics committee fund created 1,322
under section 101.34 of the Revised Code. 1,323
(F) Upon registration pursuant to this section, an 1,325
executive agency lobbyist shall be issued a card by the joint 1,326
committee OFFICE showing that the lobbyist is registered. The 1,327
registration card and the executive agency lobbyist's 1,328
registration shall be valid from the date of their issuance until 1,329
the NEXT thirty-first day of January DECEMBER of the AN 1,331
EVEN-NUMBERED year following the year in which the initial 1,332
registration was filed UNLESS THE EXECUTIVE AGENCY LOBBYIST'S 1,333
REGISTRATION IS SUSPENDED UNDER THIS DIVISION.
ANY PERSON FOUND GUILTY OF TWO OR MORE VIOLATIONS OF 1,335
DIVISION (A), (B), (C), OR (D) OF SECTION 121.61, OR OF SECTION 1,336
2921.02 OR 2921.13, OF THE REVISED CODE IS PROHIBITED THEREAFTER 1,337
FROM REGISTERING AS AN EXECUTIVE AGENCY LOBBYIST OR AN EMPLOYER 1,338
OF AN EXECUTIVE AGENCY LOBBYIST, AND ANY EXISTING REGISTRATION OF 1,339
THAT PERSON IS REVOKED. ANY PERSON ASSESSED THE MAXIMUM LATE 1,340
FILING FEE UNDER DIVISION (G) OF THIS SECTION FOR TWO SUCCESSIVE 1,341
SIX-MONTH REPORTING PERIODS IS PROHIBITED FROM REGISTERING AS AN
31
EXECUTIVE AGENCY LOBBYIST OR EMPLOYER OF AN EXECUTIVE AGENCY 1,342
LOBBYIST FOR SIX MONTHS, AND ANY EXISTING REGISTRATION OF THAT 1,343
PERSON IS SUSPENDED FOR SIX MONTHS. 1,344
(G) The executive director of the joint committee OFFICE 1,346
shall be responsible for reviewing each registration statement 1,348
filed with the joint committee OFFICE under this section and for 1,349
determining whether the statement contains all of the required 1,351
information. If the joint committee OFFICE determines that the 1,352
registration statement does not contain all of the required 1,354
information or that an executive agency lobbyist or employer has 1,355
failed to file a registration statement, the joint committee 1,356
OFFICE shall send written notification by certified mail to the 1,358
person who filed the registration statement regarding the 1,359
deficiency in the statement or to the person who failed to file 1,360
the registration statement regarding the failure. Any person so 1,361
notified by the joint committee OFFICE shall, not later than 1,362
fifteen days after receiving the notice, file a registration 1,364
statement or an amended registration statement that contains all 1,365
of the required information. If any person who receives a notice 1,366
under this division fails to file a registration statement or 1,367
such an amended registration statement within this fifteen-day 1,368
period, the joint committee OFFICE shall notify the attorney 1,370
general, who may take appropriate action as authorized by section 1,371
121.69 of the Revised Code ASSESS A LATE FILING FEE OF 1,372
TWENTY-FIVE DOLLARS PER DAY, UP TO A MAXIMUM OF TWO HUNDRED FIFTY
DOLLARS, UPON THAT PERSON. IF ANY PERSON ASSESSED THE MAXIMUM 1,373
TWO-HUNDRED-FIFTY-DOLLAR LATE FEE UNDER THIS DIVISION STILL FAILS 1,374
TO FILE A REGISTRATION STATEMENT OR AN AMENDED REGISTRATION 1,375
STATEMENT, THE OFFICE MAY REFER THE MATTER TO APPROPRIATE 1,376
PROSECUTING AUTHORITY.
If the joint committee notifies the attorney general 1,378
pursuant to this division, the joint committee shall also notify 1,379
each elected executive official and the director of each 1,380
department created under section 121.02 of the Revised Code of 1,381
32
the pending investigation. 1,382
(H) On or before the fifteenth day of March of each year, 1,384
the joint committee OFFICE shall, in the manner and form that it 1,385
determines, publish a report containing statistical information 1,386
on the registration statements filed with it under this section 1,387
during the preceding year. 1,388
(I) If an employer who engages an executive agency 1,390
lobbyist is the recipient of a contract, grant, lease, or other 1,391
financial arrangement pursuant to which funds of the state or of 1,392
an executive agency are distributed or allocated, the executive 1,393
agency or any aggrieved party may consider the failure of the 1,394
employer or the executive agency lobbyist to comply with this 1,395
section as a breach of a material condition of the contract, 1,396
grant, lease, or other financial arrangement. 1,397
(J) Executive agency officials may require certification 1,399
from any person seeking the award of a contract, grant, lease, or 1,400
financial arrangement that the person and his THE PERSON'S 1,401
employer are in compliance with this section. 1,403
Sec. 121.63. (A) Each executive agency lobbyist and each 1,412
employer shall file with the joint OFFICE OF legislative ethics 1,414
committee INSPECTOR GENERAL, with the updated registration 1,415
statement required by division (B) of section 121.62 of the 1,416
Revised Code, a statement of expenditures as specified in 1,417
divisions (B) and (C) of this section. An executive agency 1,418
lobbyist shall file a separate statement of expenditures under 1,419
this section for each employer that engages him THE EXECUTIVE 1,420
AGENCY LOBBYIST.
(B)(1) In addition to the information required by 1,422
divisions (B)(2) and (3) of this section, a statement filed by an 1,424
executive agency lobbyist shall show the total amount of 1,425
expenditures made during the reporting period covered by the 1,426
statement by the executive agency lobbyist. 1,427
(2) If, during a reporting period covered by a statement, 1,429
an employer or any executive agency lobbyist he engaged made, 1,431
33
either separately or in combination with each other, expenditures 1,432
to, at the request of, for the benefit of, or on behalf of a 1,433
particular elected executive official, the director of a 1,434
department created under section 121.02 of the Revised Code, a 1,435
particular executive agency official, or a particular member of 1,436
the staff of any public officer listed in division (B)(2) of this 1,437
section, the employer or executive agency lobbyist also shall 1,438
state the name of the public officer or employee to whom, at 1,439
whose request, for whose benefit, or on whose behalf the 1,440
expenditures were made, the total amount of the expenditures 1,441
made, a brief description of the expenditures made, the 1,442
approximate date the expenditures were made, the executive agency 1,443
decision, if any, sought to be influenced, and the identity of 1,444
the client on whose behalf the expenditure was made. 1,445
As used in division (B)(2) of this section, "expenditures" 1,447
does not include expenditures made by an executive agency 1,448
lobbyist as payment for meals and other food and beverages. 1,449
(3) If, during a reporting period covered by a statement, 1,451
an executive agency lobbyist made expenditures as payment for 1,453
meals and other food and beverages, other than for meals and 1,455
other food and beverages provided at a meeting at which the
person participated in a panel, seminar, or speaking engagement 1,456
or at a meeting or convention of a national organization to which 1,457
either house of the general assembly, any legislative agency, or 1,458
any other state agency pays membership dues, that, when added to 1,459
the amount of previous payments made for meals and other food and 1,461
beverages by that executive agency lobbyist during that same
calendar year, exceeded a total of fifty dollars to, at the 1,463
request of, for the benefit of, or on behalf of a particular
elected executive official, the director of a department created 1,464
under section 121.02 of the Revised Code, a particular executive 1,465
agency official, or any particular member of the staff of any of 1,466
the public officers or employees listed in division (B)(3) of 1,467
this section, then the executive agency lobbyist shall also state 1,469
34
regarding those expenditures the name of the public officer or 1,470
employee to whom, at whose request, for whose benefit, or on 1,471
whose behalf the expenditures were made, the total amount of the 1,472
expenditures made, a brief description of the expenditures made, 1,473
the approximate date the expenditures were made, the executive 1,474
agency decision, if any, sought to be influenced, and the 1,475
identity of the client on whose behalf the expenditure was made. 1,476
(C)(1) In addition to the information required by 1,478
divisions (B)(C)(2) and (3) of this section, a statement filed by 1,480
an employer shall show the total amount of expenditures made by 1,481
the employer filing the statement during the period covered by 1,482
the statement. As used in this section, "expenditures" does not 1,483
include the expenses of maintaining office facilities, or the 1,485
compensation paid to executive agency lobbyists engaged to 1,487
influence executive agency decisions or conduct executive agency 1,488
lobbying activity.
(2) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, 1,490
AN EMPLOYER MADE EXPENDITURES TO, AT THE REQUEST OF, FOR THE 1,493
BENEFIT OF, OR ON BEHALF OF A PARTICULAR ELECTED EXECUTIVE 1,494
OFFICIAL, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 1,495
121.02 OF THE REVISED CODE, A PARTICULAR EXECUTIVE AGENCY 1,496
OFFICIAL, OR A PARTICULAR MEMBER OF THE STAFF OF ANY PUBLIC 1,497
OFFICER LISTED IN DIVISION (C)(2) OF THIS SECTION, THE EMPLOYER 1,498
ALSO SHALL STATE THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO 1,499
WHOM, AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE 1,500
EXPENDITURES WERE MADE, THE TOTAL AMOUNT OF THE EXPENDITURES 1,501
MADE, A BRIEF DESCRIPTION OF THE EXPENDITURES MADE, THE 1,502
APPROXIMATE DATE THE EXPENDITURES WERE MADE, THE EXECUTIVE AGENCY 1,503
DECISION, IF ANY, SOUGHT TO BE INFLUENCED, AND THE IDENTITY OF 1,504
THE CLIENT ON WHOSE BEHALF THE EXPENDITURE WAS MADE. 1,505
AS USED IN DIVISION (C)(2) OF THIS SECTION, "EXPENDITURES" 1,507
DOES NOT INCLUDE EXPENDITURES MADE BY AN EMPLOYER AS PAYMENT FOR 1,509
MEALS AND OTHER FOOD AND BEVERAGES. 1,510
(3) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, 1,512
35
AN EMPLOYER MADE EITHER DIRECTLY OR INDIRECTLY EXPENDITURES AS 1,514
PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES TO, AT THE REQUEST 1,516
OF, FOR THE BENEFIT OF, OR ON BEHALF OF A PARTICULAR ELECTED 1,517
EXECUTIVE OFFICIAL, THE DIRECTOR OF A DEPARTMENT CREATED UNDER 1,518
SECTION 121.02 OF THE REVISED CODE, A PARTICULAR EXECUTIVE AGENCY 1,519
OFFICIAL, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE 1,520
PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (C)(3) OF THIS 1,521
SECTION, THEN THE EMPLOYER SHALL ALSO STATE REGARDING THOSE 1,522
EXPENDITURES THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, 1,523
AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE 1,524
EXPENDITURES WERE MADE, THE TOTAL AMOUNT OF THE EXPENDITURES 1,525
MADE, A BRIEF DESCRIPTION OF THE EXPENDITURES MADE, THE 1,526
APPROXIMATE DATE THE EXPENDITURES WERE MADE, THE EXECUTIVE AGENCY 1,527
DECISION, IF ANY, SOUGHT TO BE INFLUENCED, AND THE IDENTITY OF 1,528
THE CLIENT ON WHOSE BEHALF THE EXPENDITURE WAS MADE. 1,529
(4) No employer shall be required to show any expenditure 1,531
on a statement filed under this division if the expenditure is 1,532
reported on a statement filed under division (B)(1), (2), or (3) 1,533
of this section by an executive agency lobbyist engaged by the 1,534
employer. 1,535
(D) Any statement required to be filed under this section 1,538
shall be filed at the times specified in section 121.62 of the 1,539
Revised Code. Each statement shall cover expenditures made 1,540
during the four-calendar-month SIX-CALENDAR-MONTH period that 1,541
ended on the last day of the month immediately preceding the 1,543
month in which the statement is required to be filed. 1,544
(E) If it is impractical or impossible for an executive 1,546
agency lobbyist or employer to determine exact dollar amounts or 1,547
values of expenditures, reporting of good faith estimates, based 1,548
on reasonable accounting procedures, constitutes compliance with 1,549
this division. 1,550
(F) Executive agency lobbyists and employers shall retain 1,552
receipts or maintain records for all expenditures that are 1,553
required to be reported pursuant to this section. These receipts 1,554
36
or records shall be maintained for a period ending on the 1,555
thirty-first day of December of the second calendar year after 1,556
the year in which the expenditure was made. 1,557
(G)(1) At least ten days before the date on which the 1,559
statement is filed, each employer or executive agency lobbyist 1,560
who is required to file an expenditure statement under division 1,561
(B)(2) or (3)(C) of this section shall deliver a copy of the 1,563
statement, or the portion showing the expenditure, to the public 1,564
officer or employee who is listed in the statement as having 1,565
received the expenditure or on whose behalf it was made. 1,566
(2) If, during a reporting period covered by an 1,568
expenditure statement filed under division (B)(2) of this 1,570
section, an employer or any executive agency lobbyist he engaged 1,571
made, either separately or in combination with each other, either 1,573
directly or indirectly, expenditures for an honorarium or for
transportation, lodging, or food and beverages purchased for 1,574
consumption on the premises in which the food and beverages were 1,575
sold to, at the request of, for the benefit or, or on behalf of 1,576
any of the public officers or employees described in division 1,577
(B)(2) of this section, the employer or executive agency lobbyist 1,578
shall deliver to the public officer or employee a statement that
contains all of the nondisputed information prescribed in 1,579
division (B)(2) of this section with respect to the expenditures 1,580
described in division (G)(2) of this section. The statement of 1,581
expenditures made under division (G)(2) of this section shall be 1,582
delivered to the public officer or employee to whom, at whose 1,583
request, for whose benefit, or on whose behalf those expenditures
were made on the same day in which a copy of the expenditure 1,584
statement or of a portion showing the expenditure is delivered to 1,585
the public officer or employee under division (G)(1) of this 1,586
section. An employer is not required to show any expenditure on 1,587
a statement delivered under division (G)(2) of this section if 1,588
the expenditure is shown on a statement delivered under division
(G)(2) of this section by a legislative agent engaged by the 1,589
37
employer.
Sec. 121.64. (A) Each executive agency lobbyist who has 1,598
had any financial transaction with or for the benefit of an 1,599
elected executive official, the director of a department created 1,600
under section 121.02 of the Revised Code, an executive agency 1,601
official, or any member of the staff of any of the public 1,602
officers or employees listed in this division shall describe the 1,603
details of the transaction, including the name of the public 1,604
officer or employee, the purpose and nature of the transaction, 1,605
and the date it was made or entered into, in a statement filed 1,606
with the joint OFFICE OF legislative ethics committee INSPECTOR 1,608
GENERAL with the updated registration statement required by 1,609
division (B) of section 121.62 of the Revised Code. The 1,610
statements shall be filed at the times specified in section 1,611
121.62 of the Revised Code. Each statement shall describe each 1,612
financial transaction that occurred during the 1,613
four-calendar-month SIX-CALENDAR-MONTH period that ended on the 1,614
last day of the month immediately preceding the month in which 1,615
the statement is required to be filed. 1,616
(B) Except as provided in division (D) of this section, 1,618
each employer who has had any financial transaction with or for 1,619
the benefit of an elected executive official, the director of a 1,620
department created under section 121.02 of the Revised Code, an 1,621
executive agency official, or any member of the staff of any of 1,622
the public officers or employees listed in this division shall 1,623
describe the details of the transaction, including the name of 1,624
the public officer or employee, the purpose and nature of the 1,625
transaction, and the date it was made or entered into, in a 1,626
statement filed with the joint committee OFFICE with the updated 1,627
registration statement required by division (B) of section 121.62 1,630
of the Revised Code. The statement shall be filed at the times 1,631
specified in section 121.62 of the Revised Code. Each statement 1,632
shall describe each financial transaction that occurred during 1,633
the four-calendar-month SIX-CALENDAR-MONTH period that ended on 1,634
38
the last day of the month immediately preceding the month in 1,635
which the statement is required to be filed. 1,636
(C) At least ten days before the date on which the 1,638
statement is filed, each employer or executive agency lobbyist 1,639
who is required to file a statement describing a financial 1,640
transaction under this section shall deliver a copy of the 1,641
statement to the public officer or employee with whom or for 1,642
whose benefit the transaction was made. 1,643
(D) No employer shall be required to file any statement 1,645
under this section or to deliver a copy of the statement to a 1,646
public officer or employee with whom or for whose benefit the 1,647
transaction was made if the financial transaction to which the 1,648
statement pertains is reported by an executive agency lobbyist 1,649
engaged by the employer. 1,650
Sec. 121.65. If a dispute arises between an elected 1,659
executive official, the director of a department created under 1,660
section 121.02 of the Revised Code, an executive agency official, 1,661
or any member of the staff of any public officer or employee 1,662
listed in this division and an employer or executive agency 1,663
lobbyist with respect to an expenditure or financial transaction 1,664
alleged in a statement to be filed under section 121.63 or 121.64 1,665
of the Revised Code, the public officer or employee, STAFF 1,667
MEMBER, employer, or executive agency lobbyist may file a 1,668
complaint with the Ohio ethics commission OFFICE OF LEGISLATIVE 1,669
INSPECTOR GENERAL. The commission OFFICE shall proceed to 1,670
investigate the complaint as though it were filed under PROVIDED 1,671
FOR OTHER COMPLAINTS IN section 102.06 101.79 of the Revised 1,673
Code.
The complaint shall be filed at least three days prior to 1,675
the time the statement is required to be filed with the joint 1,676
legislative ethics committee OFFICE. The time for filing a 1,677
disputed expenditure or financial transaction in any statement of 1,679
expenditures or the details of a financial transaction shall be 1,680
extended pending the final decision of the commission OFFICE. 1,681
39
This extension does not extend the time for filing the 1,682
nondisputed portions of either type of A statement OF 1,683
EXPENDITURES OR OF THE DETAILS OF A FINANCIAL TRANSACTION. The 1,684
commission OFFICE shall notify the parties of its final decision 1,686
by certified mail. If the commission OFFICE decides that the 1,687
disputed expenditure or financial transaction should be reported, 1,689
the employer or executive agency lobbyist shall include the 1,690
matter in an amended statement and file the amended statement not 1,691
later than ten days after receiving notice of the decision of the 1,692
commission OFFICE by certified mail. 1,694
An employer or executive agency lobbyist who files a false 1,696
statement of expenditures or details of a financial transaction 1,697
is liable in a civil action to any public officer or employee who 1,698
sustains damage as a result of the filing or publication of the 1,699
statement. 1,700
Sec. 121.68. (A) The joint committee on agency rule 1,709
review OFFICE OF LEGISLATIVE INSPECTOR GENERAL shall keep on file 1,710
the statements required by sections 121.62, 121.63, and 121.64 of 1,712
the Revised Code. These statements are public records and open 1,713
to public inspection, and the joint committee OFFICE shall 1,714
computerize them so that the information contained in them is 1,715
readily accessible to the general public. The joint committee 1,716
OFFICE shall provide copies of the statements to the general 1,718
public on request and may charge a reasonable fee not to exceed 1,719
the cost of copying and delivering the statement.
(B) Not later than the last day of February and October of 1,721
each year, the joint committee OFFICE shall compile from the 1,722
registration statements filed with it a complete and updated list 1,723
of registered executive agency lobbyists and their employers, and 1,724
distribute the list to each elected executive official and the 1,725
director of each department created under section 121.02 of the 1,726
Revised Code, who shall distribute the list to the appropriate 1,727
personnel under his THE OFFICIAL'S OR DIRECTOR'S jurisdiction. 1,728
The joint committee OFFICE shall provide copies of the list to 1,730
40
the general public upon request and may charge a reasonable fee 1,731
not to exceed the cost of copying and delivering the list. 1,732
(C) The joint committee OFFICE shall maintain a list of 1,734
all executive agencies. The joint committee OFFICE shall provide 1,735
copies of the list to the general public on request and may 1,737
charge a reasonable fee not to exceed the cost of copying and 1,738
delivering the document. 1,739
(D) The joint committee OFFICE shall prescribe and make 1,741
available an appropriate form for the filings required by 1,743
sections 121.62, 121.63, and 121.64 of the Revised Code. The 1,744
form shall contain the following notice in boldface type: "ANY 1,745
PERSON WHO KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF 1,746
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS 1,747
A MISDEMEANOR OF THE FIRST DEGREE." 1,748
(E) Any THE JOINT COMMITTEE MAY ADOPT RULES TO IMPLEMENT 1,750
SECTIONS 121.60 TO 121.69 OF THE REVISED CODE, AND ANY SUCH rules 1,751
adopted by the joint committee to implement sections 121.60 to 1,754
121.69 of the Revised Code IT ADOPTS shall be adopted in 1,755
accordance with Chapter 119. SECTION 111.15 of the Revised Code. 1,757
The joint committee OFFICE may periodically adopt rules that 1,758
increase the amounts specified in division (B) of section 121.63 1,760
of the Revised Code in order to reflect inflation. Any increase 1,761
shall be set forth on the form described in division (D) of this 1,762
section.
(F) The joint committee OFFICE shall publish a handbook 1,764
that explains in clear and concise language the provisions of 1,765
sections 121.60 to 121.69 of the Revised Code and make it 1,766
available free of charge to executive agency lobbyists, 1,767
employers, and any other interested persons. 1,768
Sec. 121.69. (A) The attorney GENERAL AND THE OFFICE OF 1,777
LEGISLATIVE INSPECTOR GENERAL and any assistant or special 1,779
counsel designated by him THE ATTORNEY GENERAL OR OFFICE may 1,780
investigate compliance with sections 121.60 to 121.68 of the 1,782
Revised Code in connection with statements required to be filed
41
under these sections and, in the event of an apparent violation, 1,783
shall MAY report his THE findings to the APPROPRIATE prosecuting 1,787
attorney of Franklin county AUTHORITY, who shall institute such 1,789
proceedings as are appropriate.
(B) THE LEGISLATIVE INSPECTOR GENERAL MAY RECEIVE AND 1,791
INVESTIGATE COMPLAINTS THE OFFICE RECEIVES UNDER SECTION 121.65 1,792
OF THE REVISED CODE AND PREPARE A REPORT THEREON. 1,793
(C) AS PART OF AN INVESTIGATION, THE LEGISLATIVE INSPECTOR 1,795
GENERAL, OR A DESIGNEE, MAY ADMINISTER OATHS, EXAMINE WITNESSES, 1,798
AND ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO COMPEL THE 1,799
ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL KINDS OF BOOKS, 1,800
RECORDS, PAPERS, AND TANGIBLE THINGS. UPON THE REFUSAL OF A
WITNESS TO BE SWORN OR TO ANSWER ANY QUESTION PUT TO THE WITNESS, 1,802
OR IF A PERSON DISOBEYS A SUBPOENA, THE LEGISLATIVE INSPECTOR
GENERAL SHALL APPLY TO THE COURT OF COMMON PLEAS FOR A CONTEMPT 1,803
ORDER, AS IN THE CASE OF DISOBEDIENCE TO THE REQUIREMENTS OF A 1,804
SUBPOENA ISSUED FROM THE COURT OF COMMON PLEAS, OR A REFUSAL TO 1,805
TESTIFY IN THE COURT.
Sec. 126.14. The release of any money appropriated for the 1,815
purchase of real estate shall be approved by the controlling 1,816
board. The release of money appropriated for all other capital 1,817
projects is also subject to the approval of the controlling 1,818
board, except that the director of budget and management may 1,819
approve the release of money appropriated for specific projects 1,820
in accordance with the requirements of this section. 1,821
Within sixty days after the effective date of any act 1,823
appropriating money for capital projects, the director shall 1,824
determine which appropriations are for general projects and which 1,826
are for specific projects. Specific projects may include
specific higher education projects that are to be funded from 1,827
general purpose appropriations from the higher education 1,828
improvements IMPROVEMENT fund created in section 154.21 of the 1,829
Revised Code. Upon determining which projects are general and 1,831
which are specific, the director shall submit to the controlling 1,832
42
board a list that includes a brief description of and the 1,833
estimated expenditures for each specific project. The release of 1,834
money for any specific higher education projects that are to be 1,835
funded from general purpose appropriations from the higher 1,836
education improvements IMPROVEMENT fund but that are not included 1,837
on the list, and the release of money for any specific higher 1,839
education projects included on the list that will exceed the 1,840
estimated expenditures by more than ten per cent, are subject to 1,841
the approval of the controlling board. THE DIRECTOR MAY CREATE 1,842
NEW APPROPRIATION LINE ITEMS AND MAKE TRANSFERS OF APPROPRIATIONS 1,843
TO THEM FOR SPECIFIC HIGHER EDUCATION PROJECTS INCLUDED ON THE 1,844
LIST THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS 1,845
FOR BASIC RENOVATIONS THAT ARE MADE FROM THE HIGHER EDUCATION
IMPROVEMENT FUND. 1,846
Sec. 131.35. (A) With respect to the federal funds 1,856
received into any fund of the state from which transfers may be 1,857
made under division (D) of section 127.14 of the Revised Code: 1,858
(1) No state agency may make expenditures of any federal 1,860
funds, whether such funds are advanced prior to expenditure or as 1,861
reimbursement, unless such expenditures are made pursuant to 1,862
specific appropriations of the general assembly identifying the 1,864
federal program that is the source of funds, are authorized 1,865
pursuant to section 131.38 of the Revised Code, are authorized by 1,866
the controlling board pursuant to division (A)(5) of this 1,868
section, or are authorized by an executive order issued in 1,869
accordance with section 107.17 of the Revised Code, and until an 1,870
allotment has been approved by the director of budget and 1,871
management. All federal funds received by a state agency shall 1,872
be reported to the director within fifteen days of the receipt of 1,873
such funds or the notification of award, whichever occurs first. 1,874
The director shall prescribe the forms and procedures to be used 1,875
when reporting the receipt of federal funds. 1,876
(2) If the federal funds received are greater than the 1,878
amount of such funds appropriated by the general assembly for a 1,879
43
specific purpose, the total appropriation of federal and state 1,880
funds for such purpose shall remain at the amount designated by 1,881
the general assembly, except that the expenditure of federal 1,882
funds received in excess of such specific appropriation may be 1,883
authorized by the controlling board. 1,884
(3) To the extent that the expenditure of excess federal 1,886
funds is authorized, the controlling board may transfer a like 1,887
amount of general revenue fund appropriation authority from the 1,888
affected agency to the emergency purposes appropriation of the 1,889
controlling board, if such action is permitted under federal 1,890
regulations. 1,891
(4) Additional funds may be created by the controlling 1,893
board to receive revenues not anticipated in an appropriations 1,894
act for the biennium in which such new revenues are received. 1,895
Expenditures from such additional funds may be authorized by the 1,896
controlling board, but such authorization shall not extend beyond 1,897
the end of the biennium in which such funds are created. 1,898
(5) Controlling board authorization for a state agency to 1,900
make an expenditure of federal funds under division (A)(1) of 1,903
this section constitutes authority for the agency to participate 1,904
in the federal program providing the funds, and the agency is not 1,905
required to obtain an executive order under section 107.17 of the 1,906
Revised Code to participate in the federal program.
(B) With respect to nonfederal funds received into the 1,908
waterways safety fund, the wildlife fund, and any fund of the 1,910
state from which transfers may be made under division (D) of 1,911
section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any such 1,913
funds unless the expenditures are made pursuant to specific 1,914
appropriations of the general assembly. 1,915
(2) If the receipts received into any fund are greater 1,917
than the amount appropriated, the appropriation for that fund 1,918
shall remain at the amount designated by the general assembly or 1,919
as increased and approved by the controlling board. 1,920
44
(3) Additional funds may be created by the controlling 1,922
board to receive revenues not anticipated in an appropriations 1,923
act for the biennium in which such new revenues are received. 1,924
Expenditures from such additional funds may be authorized by the 1,925
controlling board, but such authorization shall not extend beyond 1,926
the end of the biennium in which such funds are created. 1,927
(C) The controlling board shall not authorize more than 1,929
ten per cent of additional spending from the occupational 1,930
licensing and regulatory fund, created in section 4743.05 of the 1,931
Revised Code, in excess of any appropriation made by the general 1,932
assembly to a licensing agency except an appropriation for costs 1,933
related to the examination or reexamination of applicants for a 1,934
license. As used in this division, "licensing agency" and 1,935
"license" have the same meanings as in section 4745.01 of the 1,936
Revised Code. 1,937
Sec. 133.06. (A) A school district shall not incur, 1,946
without a vote of the electors, net indebtedness that exceeds an 1,947
amount equal to one-tenth of one per cent of its tax valuation 1,948
except as provided in divisions (G) and (H) of this section and 1,950
in division (C) of section 3313.372 of the Revised Code. 1,951
(B) Except as provided in divisions (E) and (F) of this 1,953
section, a school district shall not incur net indebtedness that 1,954
exceeds an amount equal to nine per cent of its tax valuation. 1,955
(C) A school district shall not submit to a vote of the 1,957
electors the question of the issuance of securities in an amount 1,958
that will make the district's net indebtedness after the issuance 1,959
of the securities exceed an amount equal to four per cent of its 1,960
tax valuation, unless the superintendent of public instruction, 1,961
acting under policies adopted by the state board of education, 1,962
and the tax commissioner, acting under written policies of the 1,963
commissioner, consent to the submission. A request for the 1,964
consents shall be made at least thirty days prior to the election 1,965
at which the question is to be submitted except that the 1,966
superintendent of public instruction and the tax commissioner may 1,967
45
waive this thirty-day deadline or grant their consents after the 1,968
election if the school district shows good cause for such waiver 1,969
or consent after the election. 1,970
(D) In calculating the net indebtedness of a school 1,972
district none of the following shall be considered: 1,973
(1) Securities issued to acquire school buses and other 1,975
equipment used in transporting pupils or issued pursuant to 1,976
division (D) of section 133.10 of the Revised Code; 1,977
(2) Securities issued under division (F) of this section, 1,979
under section 133.301 of the Revised Code, and, to the extent in 1,980
excess of the limitation stated in division (B) of this section, 1,981
under division (E) of this section; 1,982
(3) Indebtedness resulting from the dissolution of a joint 1,984
vocational school district under section 3311.217 of the Revised 1,985
Code, evidenced by outstanding securities of that joint 1,986
vocational school district; 1,987
(4) Loans, evidenced by any securities, received under 1,989
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 1,990
Revised Code; 1,991
(5) Debt incurred under section 3313.374 of the Revised 1,993
Code;
(6) Debt incurred pursuant to division (B)(5) of section 1,996
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 1,998
as to certain securities as provided in division (E) of this 1,999
section. 2,000
(1) A board of education, by resolution, may declare its 2,002
school district to be a special needs district by determining 2,003
both of the following: 2,004
(a) The student population is not being adequately 2,006
serviced by the existing permanent improvements of the district. 2,007
(b) The district cannot obtain sufficient funds by the 2,009
issuance of securities within the limitation of division (B) of 2,010
46
this section to provide additional or improved needed permanent 2,011
improvements in time to meet the needs. 2,012
(2) The board of education shall certify a copy of that 2,014
resolution to the superintendent of public instruction with a 2,015
statistical report showing all of the following: 2,016
(a) A history of and a projection of the growth of the 2,018
student population; 2,019
(b) The history of and a projection of the growth of the 2,021
tax valuation; 2,022
(c) The projected needs; 2,024
(d) The estimated cost of permanent improvements proposed 2,026
to meet such projected needs. 2,027
(3) The superintendent of public instruction shall certify 2,029
the district as an approved special needs district if the 2,030
superintendent finds both of the following: 2,031
(a) The district does not have available sufficient 2,033
additional funds from state or federal sources to meet the 2,034
projected needs. 2,035
(b) The projection of the potential average growth of tax 2,037
valuation during the next five years, according to the 2,038
information certified to the superintendent and any other 2,039
information the superintendent obtains, indicates a likelihood of 2,040
potential average growth of tax valuation of the district during 2,041
the next five years of an average of not less than three per cent 2,042
per year. The findings and certification of the superintendent 2,043
shall be conclusive. 2,044
(4) An approved special needs district may incur net 2,046
indebtedness by the issuance of securities in accordance with the 2,047
provisions of this chapter in an amount that does not exceed an 2,048
amount equal to the greater of the following: 2,049
(a) Nine per cent of the sum of its tax valuation plus an 2,051
amount that is the product of multiplying that tax valuation by 2,052
the percentage by which the tax valuation has increased over the 2,053
tax valuation on the first day of the sixtieth month preceding 2,054
47
the month in which its board determines to submit to the electors 2,055
the question of issuing the proposed securities; 2,056
(b) Nine per cent of the sum of its tax valuation plus an 2,058
amount that is the product of multiplying that tax valuation by 2,059
the percentage, determined by the superintendent of public 2,060
instruction, by which that tax valuation is projected to increase 2,061
during the next ten years. 2,062
(F) A school district may issue securities for emergency 2,064
purposes, in a principal amount that does not exceed an amount 2,065
equal to three per cent of its tax valuation, as provided in this 2,066
division. 2,067
(1) A board of education, by resolution, may declare an 2,069
emergency if it determines both of the following: 2,070
(a) School buildings or other necessary school facilities 2,072
in the district have been wholly or partially destroyed, or 2,073
condemned by a constituted public authority, or that such 2,074
buildings or facilities are partially constructed, or so 2,075
constructed or planned as to require additions and improvements 2,076
to them before the buildings or facilities are usable for their 2,077
intended purpose, or that corrections to permanent improvements 2,078
are necessary to remove or prevent health or safety hazards. 2,079
(b) Existing fiscal and net indebtedness limitations make 2,081
adequate replacement, additions, or improvements impossible. 2,082
(2) Upon the declaration of an emergency, the board of 2,084
education may, by resolution, submit to the electors of the 2,085
district pursuant to section 133.18 of the Revised Code the 2,086
question of issuing securities for the purpose of paying the 2,087
cost, in excess of any insurance or condemnation proceeds 2,088
received by the district, of permanent improvements to respond to 2,089
the emergency need. 2,090
(3) The procedures for the election shall be as provided 2,092
in section 133.18 of the Revised Code, except that: 2,093
(a) The form of the ballot shall describe the emergency 2,095
existing, refer to this division as the authority under which the 2,096
48
emergency is declared, and state that the amount of the proposed 2,097
securities exceeds the limitations prescribed by division (B) of 2,098
this section; 2,099
(b) The resolution required by division (B) of section 2,101
133.18 of the Revised Code shall be certified to the county 2,102
auditor and the board of elections at least seventy-five days 2,103
prior to the election; 2,104
(c) The county auditor shall advise and, not later than 2,106
sixty-five days before the election, confirm that advice by 2,107
certification to, the board of education of the information 2,108
required by division (C) of section 133.18 of the Revised Code; 2,109
(d) The board of education shall then certify its 2,111
resolution and the information required by division (D) of 2,112
section 133.18 of the Revised Code to the board of elections not 2,113
less than sixty days prior to the election. 2,114
(4) Notwithstanding division (B) of section 133.21 of the 2,116
Revised Code, the first principal payment of securities issued 2,117
under this division may be set at any date not later than sixty 2,118
months after the earliest possible principal payment otherwise 2,119
provided for in that division. 2,120
(G) The board of education may contract with an architect, 2,122
professional engineer, or other person experienced in the design 2,123
and implementation of energy conservation measures for an 2,124
analysis and recommendations pertaining to installations, 2,125
modifications of installations, or remodeling that would 2,126
significantly reduce energy consumption in buildings owned by the 2,127
district. The report shall include estimates of all costs of 2,128
such installations, modifications, or remodeling including costs 2,129
of design, engineering, installation, maintenance, repairs, and 2,130
debt service, and estimates of the amounts by which energy 2,131
consumption and resultant operational and maintenance costs, as 2,132
defined by the Ohio school facilities commission, would be 2,134
reduced.
If the board finds after receiving the report that the 2,136
49
amount of money the district would spend on such installations, 2,137
modifications, or remodeling is not likely to exceed the amount 2,138
of money it would save in energy and resultant operational and 2,139
maintenance costs over the ensuing ten FIFTEEN years, the board 2,141
may submit to the commission a copy of its findings and a request 2,142
for approval to incur indebtedness to finance the making or 2,144
modification of installations or the remodeling of buildings for 2,145
the purpose of significantly reducing energy consumption. 2,146
If the commission determines that the board's findings are 2,149
reasonable, it shall approve the board's request. Upon receipt 2,150
of the commission's approval, the district may issue securities 2,152
without a vote of the electors in a principal amount not to 2,153
exceed nine-tenths of one per cent of its tax valuation for the 2,154
purpose of making such installations, or modifications, or 2,155
remodeling, but the total net indebtedness of the district 2,156
without a vote of the electors incurred under this and all other 2,157
sections of the Revised Code shall not exceed one per cent of the 2,158
district's tax valuation. 2,159
So long as any securities issued under division (G) of this 2,162
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 2,163
costs of buildings in which installations or modifications have 2,165
been made or remodeling has been done pursuant to division (G) of 2,166
this section and shall maintain and annually update a report 2,168
documenting the reductions in energy consumption and resultant 2,169
operational and maintenance cost savings attributable to such 2,170
installations, modifications, or remodeling. The report shall be 2,171
certified by an architect or engineer independent of any person 2,172
that provided goods or services to the board in connection with 2,173
the energy conservation measures that are the subject of the 2,174
report. The resultant operational and maintenance cost savings 2,175
shall be certified by the school district treasurer. The report 2,176
shall be made available to the commission upon request. 2,177
(H) With the consent of the superintendent of public 2,179
50
instruction, a school district may incur without a vote of the 2,180
electors net indebtedness that exceeds the amounts stated in 2,181
divisions (A) and (G) of this section for the purpose of paying 2,183
costs of permanent improvements, if and to the extent that both 2,184
of the following conditions are satisfied: 2,185
(1) The fiscal officer of the school district estimates 2,187
that receipts of the school district from compensation derived 2,188
from or under agreements entered into pursuant to section 5709.82 2,189
of the Revised Code, or distributions under division (C) of 2,190
section 5709.43 of the Revised Code, or any combination thereof, 2,191
are, after accounting for any appropriate coverage requirements, 2,192
sufficient in time and amount, and are committed by the 2,193
proceedings, to pay the debt charges on the securities issued to 2,194
evidence that indebtedness and payable from those receipts, and 2,195
the taxing authority of the district confirms the fiscal 2,196
officer's estimate, which confirmation is approved by the 2,197
superintendent of public instruction; 2,198
(2) The fiscal officer of the school district certifies, 2,200
and the taxing authority of the district confirms, that the 2,201
district, at the time of the certification and confirmation, 2,202
reasonably expects to have sufficient revenue available for the 2,203
purpose of operating such permanent improvements for their 2,204
intended purpose upon acquisition or completion thereof, and the 2,205
superintendent of public instruction approves the taxing 2,206
authority's confirmation. 2,207
The maximum maturity of securities issued under division 2,209
(H) of this section shall be the lesser of twenty years or the 2,210
maximum maturity calculated under section 133.20 of the Revised 2,211
Code. 2,212
Sec. 715.013. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY 2,214
THE REVISED CODE, NO MUNICIPAL CORPORATION SHALL LEVY A TAX THAT 2,215
IS THE SAME AS OR SIMILAR TO A TAX LEVIED UNDER CHAPTER 3734., 2,216
3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 2,217
5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739., 5741., 2,218
51
5743., OR 5749. OF THE REVISED CODE. 2,219
Sec. 718.01. (A) As used in this chapter: 2,228
(1) "Internal Revenue Code" means the Internal Revenue 2,230
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 2,231
(2) "Schedule C" means internal revenue service schedule C 2,233
filed by a taxpayer pursuant to the Internal Revenue Code. 2,234
(3) "Form 2106" means internal revenue service form 2106 2,236
filed by a taxpayer pursuant to the Internal Revenue Code. 2,237
(4) "Intangible income" means income of any of the 2,239
following types: income yield, interest, dividends, or other 2,240
income arising from the ownership, sale, exchange, or other 2,241
disposition of intangible property including, but not limited to, 2,242
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code. 2,243
(B) No municipal corporation with respect to that income 2,245
which it may tax shall tax such income at other than a uniform 2,246
rate.
(C) No municipal corporation shall levy a tax on income at 2,248
a rate in excess of one per cent without having obtained the 2,249
approval of the excess by a majority of the electors of the 2,250
municipality voting on the question at a general, primary, or 2,251
special election. The legislative authority of the municipal 2,252
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the 2,253
ordinance together with a resolution specifying the date the 2,254
election is to be held and directing the board of elections to 2,255
conduct the election. The ballot shall be in the following form: 2,256
"Shall the Ordinance providing for a ... per cent levy on income 2,257
for (Brief description of the purpose of the proposed levy) be
passed? 2,258
FOR THE INCOME TAX 2,260
AGAINST THE INCOME TAX" 2,262
In the event of an affirmative vote, the proceeds of the 2,264
levy may be used only for the specified purpose. 2,265
52
(D)(1) Except as otherwise provided in division (D)(2) of 2,267
this section, no municipal corporation shall exempt from a tax on 2,268
income, compensation for personal services of individuals over 2,269
eighteen years of age or the net profit from a business or 2,270
profession.
(2) The legislative authority of a municipal corporation 2,272
may, by ordinance or resolution, exempt from a tax on income any 2,273
compensation arising from the grant, sale, exchange, or other 2,274
disposition of a stock option; the exercise of a stock option; or 2,275
the sale, exchange, or other disposition of stock purchased under 2,276
a stock option.
(E) Nothing in this section shall prevent a municipal 2,278
corporation from permitting lawful deductions as prescribed by 2,279
ordinance. If a taxpayer's taxable income includes income 2,280
against which the taxpayer has taken a deduction for federal 2,281
income tax purposes as reportable on the taxpayer's form 2106, 2,282
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct 2,283
from the taxpayer's taxable income an amount equal to the 2,284
deduction shown on such form allowable against such income, to 2,285
the extent not otherwise so allowed as a deduction by the 2,286
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole 2,287
proprietorship, no municipal corporation may tax or use as the 2,288
base for determining the amount of the net profit that shall be 2,289
considered as having a taxable situs in the municipal 2,290
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question 2,291
as taxable income from such sole proprietorship, except as 2,292
otherwise specifically provided by ordinance or regulation. 2,293
(F) No municipal corporation shall tax any of the 2,295
following:
(1) The military pay or allowances of members of the armed 2,297
forces of the United States and of members of their reserve 2,298
53
components, including the Ohio national guard; 2,299
(2) The income of religious, fraternal, charitable, 2,301
scientific, literary, or educational institutions to the extent 2,302
that such income is derived from tax-exempt real estate, 2,303
tax-exempt tangible or intangible property, or tax-exempt 2,304
activities;
(3) Except as otherwise provided in division (G) of this 2,306
section, intangible income; 2,307
(4) Compensation paid under section 3501.28 or 3501.36 of 2,309
the Revised Code to a person serving as a precinct election 2,310
official, to the extent that such compensation does not exceed 2,311
one thousand dollars annually. Such compensation in excess of 2,312
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 2,313
of such compensation to withhold any tax from that compensation. 2,314
(5) Compensation paid to an employee of a transit 2,316
authority, regional transit authority, or regional transit 2,317
commission created under Chapter 306. of the Revised Code for 2,318
operating a transit bus or other motor vehicle for the authority 2,319
or commission in or through the municipal corporation, unless the
bus or vehicle is operated on a regularly scheduled route, the 2,320
operator is subject to such a tax by reason of residence or 2,321
domicile in the municipal corporation, or the headquarters of the 2,322
authority or commission is located within the municipal 2,323
corporation.
(6) THE INCOME OF A PUBLIC UTILITY WHEN THAT PUBLIC 2,325
UTILITY IS SUBJECT TO THE TAX LEVIED UNDER SECTION 5727.30 OF THE 2,326
REVISED CODE. 2,327
(G) Any municipal corporation that taxes any type of 2,329
intangible income on March 29, 1988, pursuant to Section 3 of 2,330
Amended Substitute Senate Bill No. 238 of the 116th general 2,331
assembly, may continue to tax that type of income after 1988 if a 2,332
majority of the electors of the municipal corporation voting on 2,333
the question of whether to permit the taxation of that type of
54
intangible income after 1988 vote in favor thereof at an election 2,334
held on November 8, 1988. 2,335
(H) Nothing in this section or section 718.02 of the 2,337
Revised Code, shall authorize the levy of any tax on income which 2,338
a municipal corporation is not authorized to levy under existing 2,339
laws or shall require a municipal corporation to allow a 2,340
deduction from taxable income for losses incurred from a sole 2,341
proprietorship or partnership.
Sec. 3313.646. (A) The board of education of a school 2,350
district, except a cooperative education district established 2,351
pursuant to section 3311.521 of the Revised Code, may establish 2,352
and operate a preschool program except that no such program shall 2,353
be established after March 17, 1989, unless both of the following 2,354
apply at the time the program is established: 2,355
(1) The board has demonstrated a need for the program. 2,357
(2) Unless it is a cooperative education district 2,359
established pursuant to divisions (A) to (C) of section 3311.52 2,360
of the Revised Code, the school district is eligible for moneys 2,361
distributed by the department of education pursuant to section 2,362
3317.029 of the Revised Code. A board may use school funds in 2,365
support of preschool programs. The board shall maintain, 2,366
operate, and admit children to any such program pursuant to rules 2,367
adopted by such board and the rules of the state board of 2,368
education adopted under sections 3301.52 to 3301.57 of the 2,369
Revised Code.
A board of education may establish fees or tuition, which 2,371
may be graduated in proportion to family income, for 2,372
participation in a preschool program. In cases where payment of 2,373
fees or tuition would create a hardship for the child's parent or 2,374
guardian, the board may waive any such fees or tuition. 2,375
(B) No board of education that is not receiving funds 2,377
under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 2,378
9831, on March 17, 1989, shall compete for funds under the "Head 2,379
Start Act" with any grantee receiving funds under that act. 2,380
55
(C) A board of education may contract with any of the 2,382
following preschool providers to provide preschool programs, 2,383
other than programs for units described by division (E) DIVISIONS 2,384
(B) AND (C) of section 3317.05 of the Revised Code, for children 2,386
of the school district: 2,387
(1) Any organization receiving funds under the "Head Start 2,389
Act"; 2,390
(2) Any nonsectarian eligible nonpublic school as defined 2,392
in division (H) of section 3301.52 of the Revised Code; 2,393
(3) Any child day-care provider licensed under Chapter 2,395
5104. of the Revised Code. 2,396
Boards may contract to provide preschool programs only with 2,398
such organizations whose staff meet the requirements of rules 2,399
adopted under section 3301.53 of the Revised Code or those of the 2,400
child development associate credential established by the 2,401
national association for the education of young children. 2,402
(D) A contract entered into under division (C) of this 2,404
section may provide for the board of education to lease school 2,405
facilities to the preschool provider or to furnish 2,406
transportation, utilities, or staff for the preschool program. 2,407
(E) The treasurer of any board of education operating a 2,409
preschool program pursuant to this section shall keep an account 2,410
of all funds used to operate the program in the same manner as he 2,411
would any other funds of the district pursuant to this chapter. 2,412
Sec. 3313.841. The boards of education and governing 2,421
boards of two or more city, local, joint vocational, or exempted 2,422
village school districts or educational service centers may 2,423
contract in accordance with the terms of this section for the 2,425
sharing on a cooperative basis of the services of supervisory 2,426
teachers, special instruction teachers, special education 2,427
teachers, and other licensed personnel necessary to conduct 2,428
approved cooperative classes of the type described in division 2,429
(B) of section 3317.05 of the Revised Code for handicapped pupils 2,431
FOR SPECIAL EDUCATION AND RELATED SERVICES AND GIFTED EDUCATION. 2,432
56
The boards of two or more districts or service centers 2,434
desiring to enroll students in such classes shall each adopt 2,435
resolutions indicating such desire and designating one of the 2,436
participating districts or service centers as the funding agent 2,437
for purposes of this section. The district or service center 2,439
designated as the funding agent shall enter into an employment 2,440
contract with each licensed teacher whose services are to be 2,442
shared among the participating districts and service centers. In
turn, the funding agent shall enter into contracts with each of 2,443
the districts and service centers which have adopted resolutions 2,444
agreeing to participate in the cooperative program upon terms 2,446
agreed to by all parties to such contract. Such contracts 2,447
between districts and service centers shall set forth the 2,448
services to be provided by the licensed teacher employed by the 2,449
funding agent whose services are to be shared by the
participating districts and service centers and the basis for 2,450
computing the amounts to be paid for such services to the funding 2,451
agent by the participating districts and service centers. 2,452
For purposes of division (B) of section 3317.05 of the 2,456
Revised Code, the funding agent shall count all pupils enrolled 2,457
in cooperative programs for handicapped pupils as pupils enrolled 2,458
in such programs in the funding agent district. Upon receipt of 2,459
payment for such programs, the funding agent district shall 2,460
credit the account of districts participating in the cooperative 2,461
program for the amounts due under contracts entered into under 2,462
the terms of this section in proportion to the number of resident 2,463
students enrolled in the cooperative program from each 2,464
participating district and service center.
In determining the terms of the contract entered into by 2,466
the funding agent district or service center and the 2,467
participating districts and service centers, the superintendent 2,469
of schools of each participating board of education and governing 2,470
board shall serve as a committee which shall recommend such terms 2,471
to such boards.
57
Sec. 3313.842. The boards of education of any two or more 2,480
school districts may enter into an agreement for joint or 2,481
cooperative establishment and operation of any educational 2,482
program including any class, course, or program that may be 2,483
included in a school district's graded course of study and staff 2,484
development programs for teaching and nonteaching school 2,485
employees. Each school district that is party to such an 2,486
agreement may contribute funds of the district in support of the 2,487
agreement and for the establishment and operation of any 2,488
educational program established under the agreement. The 2,489
agreement shall designate one of the districts as the district 2,490
responsible for receiving and disbursing the funds contributed by 2,491
the districts that are parties to the agreement. 2,492
A student participating in an educational program 2,494
established pursuant to this section shall be included in the 2,495
formula ADM certified under section 3317.03 of the Revised Code 2,498
of the district in which the student is enrolled. 2,499
Sec. 3313.98. Notwithstanding division (D) of section 2,508
3311.19 and division (D) of section 3311.52 of the Revised Code, 2,509
the provisions of this section and sections 3313.981 to 3313.983 2,510
of the Revised Code that apply to a city school district do not 2,511
apply to a joint vocational or cooperative education school 2,512
district unless expressly specified. 2,513
(A) As used in this section and sections 3313.981 to 2,515
3313.983 of the Revised Code: 2,516
(1) "Parent" means either of the natural or adoptive 2,518
parents of a student, except under the following conditions: 2,519
(a) When the marriage of the natural or adoptive parents 2,521
of the student has been terminated by a divorce, dissolution of 2,522
marriage, or annulment or the natural or adoptive parents of the 2,523
student are living separate and apart under a legal separation 2,524
decree and the court has issued an order allocating the parental 2,525
rights and responsibilities with respect to the student, "parent" 2,526
means the residential parent as designated by the court except 2,527
58
that "parent" means either parent when the court issues a shared 2,528
parenting decree. 2,529
(b) When a court has granted temporary or permanent 2,531
custody of the student to an individual or agency other than 2,532
either of the natural or adoptive parents of the student, 2,533
"parent" means the legal custodian of the child. 2,534
(c) When a court has appointed a guardian for the student, 2,536
"parent" means the guardian of the student. 2,537
(2) "Native student" means a student entitled under 2,539
section 3313.64 or 3313.65 of the Revised Code to attend school 2,540
in a district adopting a resolution under this section. 2,541
(3) "Adjacent district" means a city, exempted village, or 2,544
local school district having territory that abuts the territory 2,545
of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled 2,547
under section 3313.64 or 3313.65 of the Revised Code to attend 2,548
school in an adjacent district. 2,549
(5) "Adjacent district joint vocational student" means an 2,553
adjacent district student who enrolls in a city, exempted 2,555
village, or local school district pursuant to this section and 2,556
who also enrolls in a joint vocational school district that does 2,557
not contain the territory of the district for which that student 2,558
is a native student and does contain the territory of the city, 2,559
exempted village, or local district in which the student enrolls. 2,560
(6) "Adjusted formula amount" means the formula amount 2,563
defined in division (B) of section 3317.02 of the Revised Code 2,564
multiplied by the cost-of-doing-business factor for a district 2,567
defined in division (N) of section 3317.02 of the Revised Code. 2,568
(7) "Poverty line" means the poverty line established by 2,570
the director of the United States office of management and budget 2,571
as revised by the director of the office of community services in 2,572
accordance with section 673(2) of the "Community Services Block 2,573
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. 2,574
(8) "IEP" means an individualized education program 2,576
59
defined by division (E) of section 3323.01 of the Revised Code. 2,577
(9) "Other district" means a city, exempted village, or 2,580
local school district having territory outside of the territory 2,581
of a district adopting a resolution under this section. 2,582
(10) "Other district student" means a student entitled 2,584
under section 3313.64 or 3313.65 of the Revised Code to attend 2,587
school in an other district. 2,588
(11) "Other district joint vocational student" means a 2,590
student who is enrolled in any city, exempted village, or local 2,591
school district and who also enrolls in a joint vocational school 2,593
district that does not contain the territory of the district for 2,594
which that student is a native student in accordance with a 2,595
policy adopted under section 3313.983 of the Revised Code. 2,596
(B)(1) The board of education of each city, local, and 2,598
exempted village school district may SHALL adopt a resolution 2,599
ESTABLISHING FOR THE SCHOOL DISTRICT ONE OF THE FOLLOWING 2,600
POLICIES:
(a) A POLICY that entirely prohibits the enrollment of 2,603
students from adjacent districts or other districts, other than 2,604
students for whom tuition is paid in accordance with section 2,606
3317.08 of the Revised Code,;
(b) A POLICY that permits enrollment of students from all 2,609
adjacent districts in accordance with a policy STATEMENTS 2,610
contained in the resolution, or; 2,612
(c) A POLICY that permits enrollment of students from all 2,615
other districts in accordance with a policy STATEMENTS contained 2,616
in the resolution.
(2) A policy permitting enrollment of students from 2,618
adjacent or from other districts, as applicable, shall provide 2,620
for all of the following: 2,621
(1)(a) Application procedures, including deadlines for 2,623
application and for notification of students and the 2,624
superintendent of the applicable district whenever an adjacent or 2,626
other district student's application is approved. 2,628
60
(2)(b) Procedures for admitting adjacent or other district 2,630
applicants free of any tuition obligation to the district's 2,632
schools, including, but not limited to: 2,633
(a)(i) The establishment of district capacity limits by 2,635
grade level, school building, and education program; 2,636
(b)(ii) A requirement that all native students wishing to 2,638
be enrolled in the district will be enrolled and that any 2,639
adjacent or other district students previously enrolled in the 2,641
district shall receive preference over first-time applicants; 2,642
(c)(iii) Procedures to ensure that an appropriate racial 2,644
balance is maintained in the district schools. 2,645
(C) Except as provided in section 3313.982 of the Revised 2,647
Code, the procedures for admitting adjacent or other district 2,648
students, as applicable, shall not include: 2,649
(1) Any requirement of academic ability, or any level of 2,651
athletic, artistic, or other extracurricular skills; 2,652
(2) Limitations on admitting applicants because of 2,654
handicapping conditions, except that a board may refuse to admit 2,655
a student receiving services under Chapter 3323. of the Revised 2,657
Code, if the services described in the student's IEP are not 2,658
available in the district's schools;
(3) A requirement that the student be proficient in the 2,660
English language; 2,661
(4) Rejection of any applicant because the student has 2,663
been subject to disciplinary proceedings, except that if an 2,664
applicant has been suspended or expelled by the student's 2,666
district for ten consecutive days or more in the term for which 2,667
admission is sought or in the term immediately preceding the term 2,668
for which admission is sought, the procedures may include a 2,669
provision denying admission of such applicant. 2,670
(D)(1) Each school board permitting only enrollment of 2,672
adjacent district students shall provide information about the 2,673
policy adopted under this section, including the application 2,674
procedures and deadlines, to the superintendent and the board of 2,675
61
education of each adjacent district and, upon request, to the 2,676
parent of any adjacent district student. 2,677
(2) Each school board permitting enrollment of other 2,679
district students shall provide information about the policy 2,680
adopted under this section, including the application procedures 2,681
and deadlines, upon request, to the board of education of any 2,682
other school district or to the parent of any student anywhere in 2,684
the state.
(E) Any school board shall accept all credits toward 2,686
graduation earned in adjacent or other district schools by an 2,687
adjacent or other district student or a native student. 2,688
(F)(1) No board of education may adopt a policy 2,690
discouraging or prohibiting its native students from applying to 2,691
enroll in the schools of an adjacent or any other district that 2,692
has adopted a policy permitting such enrollment, except that: 2,693
(a) A district may object to the enrollment of a native 2,695
student in an adjacent or other district in order to maintain an 2,696
appropriate racial balance. 2,697
(b) The board of education of a district receiving funds 2,699
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, 2,700
may adopt a resolution objecting to the enrollment of its native 2,701
students in adjacent or other districts if at least ten per cent 2,702
of its students are included in the determination of the United 2,703
States secretary of education made under section 20 U.S.C.A. 2,704
238(a).
(2) If a board objects to enrollment of native students 2,706
under this division, any adjacent or other district shall refuse 2,707
to enroll such native students unless tuition is paid for the 2,709
students in accordance with section 3317.08 of the Revised Code. 2,710
An adjacent or other district enrolling such students may not 2,711
receive funding for those students in accordance with section 2,712
3313.981 of the Revised Code. 2,713
(G) The state board of education shall monitor school 2,715
districts to ensure compliance with this section and the 2,716
62
districts' policies. The board may adopt rules requiring uniform 2,717
application procedures, deadlines for application, notification 2,718
procedures, and record-keeping requirements for all school boards 2,719
that adopt policies permitting the enrollment of adjacent or 2,720
other district students, as applicable. If the state board 2,722
adopts such rules, no school board shall adopt a policy that 2,723
conflicts with those rules. 2,724
(H) A resolution adopted by a board of education under 2,726
this section that entirely prohibits the enrollment of students 2,727
from adjacent and from other school districts does not abrogate 2,728
any agreement entered into under section 3313.841 or 3313.92 of 2,730
the Revised Code or any contract entered into under section 2,731
3313.90 of the Revised Code between the board of education 2,732
adopting the resolution and the board of education of any 2,733
adjacent or other district or prohibit these boards of education 2,735
from entering into any such agreement or contract. 2,736
(I) Nothing in this section shall be construed to permit 2,738
or require the board of education of a city, exempted village, or 2,739
local school district to exclude any native student of the 2,740
district from enrolling in the district. 2,741
Sec. 3314.03. (A) Each contract entered into under 2,750
section 3314.02 of the Revised Code between a sponsor and the 2,751
governing authority of a community school shall specify the 2,752
following:
(1) That the school shall be established as a nonprofit 2,754
corporation established under Chapter 1702. of the Revised Code; 2,755
(2) The education program of the school, including the 2,757
school's mission, the characteristics of the students the school 2,758
is expected to attract, the ages and grades of students, and the 2,759
focus of the curriculum; 2,760
(3) The academic goals to be achieved and the method of 2,762
measurement that will be used to determine progress toward those 2,763
goals, which shall include the statewide proficiency tests; 2,764
(4) Performance standards by which the success of the 2,766
63
school will be evaluated by the sponsor; 2,767
(5) The admission standards of section 3314.06 of the 2,769
Revised Code; 2,770
(6) Dismissal procedures; 2,772
(7) The ways by which the school will achieve racial and 2,774
ethnic balance reflective of the community it serves; 2,775
(8) Requirements and procedures for program and ANNUAL 2,777
financial audits, including audits by the auditor of state and 2,778
the department of education. The contract shall require 2,779
financial records of the school to be maintained in the same 2,781
manner as are financial records of school districts, pursuant to
rules of the auditor of state AND THE ANNUAL AUDITS SHALL BE 2,782
CONDUCTED IN THE SAME MANNER AS AUDITS OF SCHOOL DISTRICTS. 2,783
(9) The facility to be used and its location; 2,785
(10) Qualifications of teachers, including a requirement 2,787
that the school's classroom teachers be licensed in accordance 2,788
with sections 3319.22 to 3319.31 of the Revised Code, except that 2,789
a community school may engage noncertificated persons to teach up 2,791
to twelve hours per week pursuant to section 3319.301 of the 2,792
Revised Code;
(11) That the school will comply with the following 2,794
requirements: 2,795
(a) The school will provide learning opportunities to a 2,797
minimum of twenty-five students for a minimum of nine hundred 2,799
twenty hours per school year;
(b) The governing authority will purchase liability 2,802
insurance, or otherwise provide for the potential liability of 2,803
the school;
(c) The school will be nonsectarian in its programs, 2,806
admission policies, employment practices, and all other 2,807
operations, and will not be operated by a sectarian school or 2,808
religious institution;
(d) The school will comply with sections 9.90, 9.91, 2,810
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 2,812
64
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 2,813
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 2,814
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 2,815
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 2,816
4167. of the Revised Code as if it were a school district; 2,817
(e) The school shall comply with Chapter 102. of the 2,819
Revised Code except that nothing in that chapter shall prohibit a 2,820
member of the school's governing board from also being an 2,821
employee of the school and nothing in that chapter or section 2,822
2921.42 of the Revised Code shall prohibit a member of the 2,823
school's governing board from having an interest in a contract 2,824
into which the governing board enters; 2,825
(f) The school will comply with sections 3313.61 and 2,827
3313.611 of the Revised Code, except that the requirement in 2,829
those sections that a person must successfully complete the 2,830
curriculum in any high school prior to receiving a high school 2,831
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 2,833
curriculum specified in Title XXXIII of the Revised Code or any 2,834
rules of the state board of education;
(g) The school governing authority will submit an annual 2,836
report of its activities and progress in meeting the goals and 2,837
standards of divisions (A)(3) and (4) of this section and its 2,838
financial status to the sponsor and to, the parents of all 2,839
students enrolled in the school, AND THE LEGISLATIVE OFFICE OF 2,840
EDUCATION OVERSIGHT.
(12) Arrangements for providing health and other benefits 2,842
to employees; 2,843
(13) The length of the contract, which shall begin at the 2,845
beginning of an academic year and shall not exceed three FIVE 2,846
years;
(14) The governing authority of the school, which shall be 2,848
responsible for carrying out the provisions of the contract; 2,849
(15) A financial plan detailing an estimated school budget 2,851
65
for each year of the period of the contract and specifying the 2,853
total estimated per pupil expenditure amount for each such year. 2,854
The plan shall specify for each year the base formula amount that 2,856
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 2,857
year shall not exceed the formula amount defined under section 2,859
3317.02 of the Revised Code. The plan may also specify for any 2,861
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 2,863
section 3317.029 of the Revised Code the school is to receive 2,865
that year under section 3314.08 of the Revised Code. 2,866
(16) Requirements and procedures regarding the disposition 2,868
of employees of the school in the event the contract is 2,869
terminated or not renewed pursuant to section 3314.07 of the 2,870
Revised Code;
(17) Whether the school is to be created by converting all 2,873
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of 2,874
any duties or responsibilities of an employer that the board of 2,875
education that operated the school before conversion is 2,876
delegating to the governing board of the community school with 2,877
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 2,878
applicable to such employees; 2,879
(18) Provisions establishing procedures for resolving 2,881
disputes or differences of opinion between the sponsor and the 2,882
governing authority of the community school; 2,883
(19) THAT THE SCHOOL SHALL BE THE CUSTODIAN OF ALL MONEY 2,885
RECEIVED DURING THE FIRST FULL FISCAL YEAR OF ITS OPERATION AND 2,886
DURING SUBSEQUENT YEARS UNLESS ANOTHER CUSTODIAN IS DESIGNATED IN 2,887
THE CONTRACT TO RECEIVE AND MAINTAIN THE FIRST-YEAR REVENUE. 2,888
(B) The community school shall also submit to the sponsor 2,890
a comprehensive plan for the school. The plan shall specify the 2,892
following:
66
(1) The process by which the governing authority of the 2,894
school will be selected in the future; 2,895
(2) The management and administration of the school; 2,897
(3) If the community school is a currently existing public 2,900
school, alternative arrangements for current public school 2,901
students who choose not to attend the school and teachers who 2,902
choose not to teach in the school after conversion; 2,903
(4) The instructional program and educational philosophy 2,905
of the school; 2,906
(5) Internal financial controls. 2,908
(C) A contract entered into under section 3314.02 of the 2,911
Revised Code between a sponsor and the governing authority of a 2,913
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 2,914
authorized to receive such payments as set forth in the contract 2,915
between the governing authority and the sponsor. 2,916
Sec. 3314.07. (A) The expiration of the contract for a 2,925
community school between a sponsor and a school shall be the date 2,927
provided in the contract. A successor contract may SHALL be 2,928
entered into unless the contract is terminated or not renewed
pursuant to this section. 2,930
(B)(1) A sponsor may choose not to renew a contract at its 2,932
expiration or may choose to terminate a contract prior to its 2,933
expiration for any of the following reasons: 2,934
(a) Failure to meet student performance requirements 2,937
stated in the contract;
(b) Failure to meet generally accepted standards of fiscal 2,939
management; 2,940
(c) Violation of any provision of the contract or 2,943
applicable state or federal law;
(d) Other good cause. 2,945
A termination shall be effective only at the conclusion of 2,947
a school year. 2,948
(2) At least sixty ONE HUNDRED EIGHTY days prior to the 2,950
67
termination or nonrenewal of a contract, the sponsor shall notify 2,951
the school of the proposed action in writing. The notice shall 2,952
include the reasons for the proposed action in detail and that 2,953
the school may, within fourteen days of receiving the notice, 2,954
request an informal hearing before the sponsor. Such request 2,955
must be in writing. 2,956
(3) A decision by the sponsor to terminate a contract may 2,958
be appealed to the state board of education. The decision by the 2,959
state board pertaining to an appeal under this division is final. 2,961
(C) A child attending a community school whose contract 2,963
has been terminated or nonrenewed or that closes for any reason 2,965
shall be admitted to the schools of the district in which the 2,966
child is entitled to attend under section 3313.64 or 3313.65 of 2,967
the Revised Code. Any deadlines established for the purpose of 2,968
admitting students under section 3313.97 or 3313.98 shall be 2,969
waived for students to whom this division pertains. 2,970
(D) A sponsor of a community school and the officers, 2,972
directors, or employees of such a sponsor are not liable in 2,973
damages in a tort or other civil action for harm allegedly 2,974
arising from either of the following:
(1) A failure of the community school or any of its 2,976
officers, directors, or employees to perform any statutory or 2,977
common law duty or responsibility or any other legal obligation; 2,978
(2) An action or omission of the community school or any 2,980
of its officers, directors, or employees that results in harm. 2,981
(E) As used in this section: 2,983
(1) "Harm" means injury, death, or loss to person or 2,985
property.
(2) "Tort action" means a civil action for damages for 2,987
injury, death, or loss to person or property other than a civil 2,988
action for damages for a breach of contract or another agreement 2,989
between persons.
Sec. 3314.08. (A) As used in this section: 2,998
(1) "Base formula amount" means the amount specified as 3,001
68
such in a community school's financial plan for a school year 3,002
pursuant to division (A)(15) of section 3314.03 of the Revised 3,003
Code.
(2) "Cost-of-doing-business factor" has the same meaning 3,006
as in section 3317.02 of the Revised Code. 3,007
(3) "IEP" means an individualized education program 3,010
defined by division (E) of section 3323.01 of the Revised Code. 3,011
(4) "Actual AVERAGE COUNTY cost" means the actual cost, 3,014
AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing 3,015
special education and related services to a special education 3,016
student pursuant to an IEP in the school district where that 3,018
student is entitled to attend school pursuant to section 3313.64 3,019
or 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, as 3,020
calculated in a manner acceptable to the superintendent of public 3,022
instruction.
(5) "DPIA reduction factor" means the percentage figure, 3,025
if any, specified for reducing the per pupil amount of 3,026
disadvantaged pupil impact aid a community school is entitled to 3,027
receive pursuant to division (D)(3) of this section in any year, 3,029
as specified in the school's financial plan for the year pursuant 3,030
to division (A)(15) of section 3314.03 of the Revised Code. 3,031
(B) The state board of education shall adopt rules 3,033
requiring both of the following: 3,034
(1) The board of education of each city, exempted village, 3,036
and local school district to annually report the number of 3,037
students entitled to attend school in the district pursuant to 3,038
section 3313.64 or 3313.65 of the Revised Code who are enrolled 3,039
in grades one through twelve and one-half of the kindergarten 3,040
students enrolled in a community school established under this 3,041
chapter and for each child the community school in which the 3,042
child is enrolled. In addition, for each such child receiving 3,043
special education and related services enrolled in grades
kindergarten through twelve or in a preschool handicapped unit in 3,044
a community school pursuant to an IEP, the board shall report the 3,046
69
actual AVERAGE COUNTY cost for such child and, if. IF the 3,048
district receives disadvantaged pupil impact aid pursuant to 3,051
DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the 3,053
Revised Code, it ALSO shall report the amount received for each 3,055
such child.
(2) The governing authority of each community school 3,057
established under this chapter to annually report the number of 3,058
students enrolled in grades one through twelve and one-half the 3,059
number of kindergarten students in the school who are not 3,061
receiving special education and related services pursuant to an 3,062
IEP; the number of enrolled students in grades one through twelve 3,064
and one-half the number of kindergarten students who are 3,065
receiving special education and related services pursuant to an 3,067
IEP; the number of enrolled preschool handicapped students 3,068
receiving special education services in a state-funded unit; the 3,069
community school's base formula amount; and the city, exempted 3,071
village, or local school district in which the school is located. 3,072
Each governing authority shall also report any DPIA reduction 3,073
factor that applies to a school year.
(C) From the payments made to a city, exempted village, or 3,075
local school district under Chapter 3317. of the Revised Code 3,076
and, if necessary, sections 321.14 and 323.156 of the Revised 3,079
Code, the department of education shall annually subtract all of 3,080
the following:
(1) An amount equal to the sum of the amounts obtained 3,082
when, for each community school where the district's students are 3,083
enrolled, the number of the district's students reported under 3,084
division (B)(2) of this section who are enrolled in grades one 3,085
through twelve and one-half the number of kindergarten students 3,086
in that community school and are not receiving special education 3,088
and related services pursuant to an IEP is multiplied by the base 3,090
formula amount of that community school as adjusted by the school 3,091
district's cost-of-doing-business factor.
(2) The sum of the actual AVERAGE COUNTY costs for all 3,093
70
district students reported under division (B)(2) of this section 3,095
who are to be receiving special education and related services 3,096
pursuant to an IEP in their respective community schools, less 3,098
the sum of the prorated share for each such student of any
amounts received from state preschool handicapped unit funding or 3,099
from federal funds to provide special education and related 3,100
services to students in the respective community schools. This 3,101
prorated share of state or federal funds received for each such 3,102
student shall be determined on the basis of all such funds 3,103
received by a community school for students receiving similar 3,104
services, as calculated in a manner acceptable to the
superintendent of public instruction. 3,105
(3) An amount equal to the sum of the amounts obtained 3,107
when, for each community school where the district's students are 3,108
enrolled, the number of the district's students enrolled in that 3,109
community school and residing in the district in a family 3,110
participating in Ohio works first under Chapter 5107. of the 3,111
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 3,113
year pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3,115
3317.029 of the Revised Code, as adjusted by any DPIA reduction 3,117
factor of that community school.
(D) The department shall annually pay to a community 3,119
school established under this chapter all of the following: 3,120
(1) An amount equal to the sum of the amounts obtained 3,122
when the number of students enrolled in grades one through twelve 3,123
plus one-half of the kindergarten students in the school as 3,125
reported under division (B)(2) of this section who are not 3,127
receiving special education and related services pursuant to an 3,128
IEP is multiplied by the community school's base formula amount, 3,129
as adjusted by the cost-of-doing-business factor of the school
district in which the school is located; 3,130
(2) For each student enrolled in the school receiving 3,132
special education and related services pursuant to an IEP, an 3,134
71
amount equal to the actual AVERAGE COUNTY cost for such student, 3,135
less a prorated share for the student of any amount received from 3,136
state preschool handicapped unit funding or federal funds to 3,138
provide special education and related services to students in the
community school. This prorated share shall be determined as 3,139
described under division (C)(2) of this section. 3,140
(3) An amount equal to the number of students enrolled in 3,142
the community school and residing in the school district in a 3,144
family participating in Ohio works first is multiplied by the per 3,146
pupil amount of disadvantaged pupil impact aid that school 3,148
district receives that year pursuant to DIVISION (B) OR DIVISIONS 3,149
(C) AND (E) OF section 3317.029 of the Revised Code, as adjusted 3,150
by any DPIA reduction factor of the community school. 3,151
(E) A community school may apply to the department of 3,154
education for preschool handicapped or gifted unit funding the 3,155
school would receive if it were a school district. Upon request 3,156
of its governing authority, a community school that received unit 3,158
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 3,159
district-operated school provided the school continues to meet 3,160
eligibility standards for the unit. 3,161
A community school shall be considered a school district 3,163
and its governing authority shall be considered a board of 3,164
education for the purpose of applying to any state or federal 3,165
agency for grants that a school district may receive under 3,166
federal or state law or any appropriations act of the general 3,167
assembly. The governing authority of a community school may 3,168
apply to any private entity for additional funds. 3,169
(F) A board of education sponsoring a community school may 3,171
utilize local funds to make enhancement grants to the school or 3,172
may agree, either as part of the contract or separately, to 3,173
provide any specific services to the community school at no cost 3,174
to the school.
(G) A community school may not levy taxes or issue bonds 3,176
72
secured by tax revenues. 3,178
(H) No community school shall charge tuition for the 3,180
enrollment of any student. 3,182
(I) A community school may borrow money to pay any 3,184
necessary and actual expenses of the school in anticipation of 3,186
the receipt of any portion of the payments to be received by the 3,187
school pursuant to division (D) of this section. The school may 3,188
issue notes to evidence such borrowing to mature no later than 3,189
the end of the fiscal year in which such money was borrowed. The
proceeds of the notes shall be used only for the purposes for 3,190
which the anticipated receipts may be lawfully expended by the 3,191
school.
(J) For purposes of determining the number of students for 3,194
which division (D)(3) of this section applies in any school year, 3,195
a community school may submit to the state department of human 3,196
services, no later than the first day of March, a list of the 3,197
students enrolled in the school. For each student on the list, 3,198
the community school shall indicate the student's name, address, 3,199
and date of birth and the school district where the student is 3,200
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. Upon receipt of a list under this division, the 3,201
department of human services shall determine, for each school 3,203
district where one or more students on the list is entitled to 3,204
attend school under section 3313.64 or 3313.65 of the Revised
Code, the number of students residing in that school district who 3,206
were included in the department's report under section 3317.10 of 3,208
the Revised Code. The department shall make this determination 3,209
on the basis of information readily available to it. Upon making 3,210
this determination and no later than ninety days after submission 3,211
of the list by the community school, the department shall report 3,212
to the state department of education the number of students on 3,213
the list who reside in each school district who were included in 3,214
the department's report under section 3317.10 of the Revised 3,215
Code. In complying with this division, the department of human 3,217
73
services shall not report to the state department of education 3,218
any personally identifiable information on any student.
(K) The department of education shall adjust the amounts 3,220
subtracted and paid under divisions (C) and (D) of this section 3,222
to reflect any enrollment of students in community schools for
less than the equivalent of a full school year. 3,223
Sec. 3314.12. THE LEGISLATIVE OFFICE OF EDUCATION 3,225
OVERSIGHT SHALL PRODUCE AND ISSUE AN ANNUAL COMPOSITE 3,226
INFORMATIONAL REPORT ON COMMUNITY SCHOOLS TO THE SPEAKER OF THE 3,227
HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE
GOVERNOR. THE REPORT SHALL INCLUDE THE NUMBER OF SCHOOLS IN 3,228
OPERATION, THE SIZE AND CHARACTERISTICS OF ENROLLMENT FOR THE 3,229
SCHOOLS, THE ACADEMIC PERFORMANCE OF THE SCHOOLS, THE FINANCIAL 3,230
STATUS OF THE SCHOOLS, AND ANY OTHER PERTINENT INFORMATION. 3,231
Sec. 3314.13. (A) AS USED IN THIS SECTION: 3,234
(1) "ALL-DAY KINDERGARTEN" AND "DPIA INDEX" HAVE THE SAME 3,237
MEANINGS AS IN SECTION 3317.029 OF THE REVISED CODE. 3,240
(2) "FORMULA AMOUNT" HAS THE SAME MEANING AS IN SECTION 3,242
3317.02 OF THE REVISED CODE. 3,244
(B) THE DEPARTMENT OF EDUCATION ANNUALLY SHALL PAY EACH 3,247
COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER OR UNDER SECTION 3,249
50.52 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY 3,251
ONE-HALF OF THE FORMULA AMOUNT FOR EACH STUDENT WHO IS ENTITLED 3,252
TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED 3,254
CODE IN A SCHOOL DISTRICT WITH A DPIA INDEX OF ONE OR GREATER AND 3,256
WHO IS REPORTED BY THE COMMUNITY SCHOOL AS ENROLLED IN ALL-DAY 3,257
KINDERGARTEN AT THE COMMUNITY SCHOOL. IF A STUDENT FOR WHOM
PAYMENT IS MADE UNDER THIS SECTION IS ENTITLED TO ATTEND SCHOOL 3,259
IN A DISTRICT THAT RECEIVES ANY PAYMENT FOR ALL-DAY KINDERGARTEN 3,261
UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, THE 3,263
DEPARTMENT SHALL DEDUCT THE PAYMENT TO THE COMMUNITY SCHOOL UNDER 3,264
THIS SECTION FROM THE AMOUNT PAID THAT SCHOOL DISTRICT UNDER THAT 3,265
DIVISION. IF THAT SCHOOL DISTRICT DOES NOT RECEIVE PAYMENT FOR 3,266
ALL-DAY KINDERGARTEN UNDER THAT DIVISION, THE DEPARTMENT SHALL 3,267
74
PAY THE COMMUNITY SCHOOL FROM STATE FUNDS APPROPRIATED GENERALLY 3,268
FOR DISADVANTAGED PUPIL IMPACT AID. 3,269
(C) THE DEPARTMENT SHALL ADJUST THE AMOUNTS DEDUCTED FROM 3,272
SCHOOL DISTRICTS AND PAID TO COMMUNITY SCHOOLS UNDER THIS SECTION 3,273
TO REFLECT ANY ENROLLMENTS OF STUDENTS IN ALL-DAY KINDERGARTEN IN 3,274
COMMUNITY SCHOOLS FOR LESS THAN THE EQUIVALENT OF A FULL SCHOOL 3,275
YEAR.
Sec. 3315.171. AS USED IN THIS SECTION, "SECURITIES" HAS 3,277
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 3,278
THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, LOCAL, 3,280
OR JOINT VOCATIONAL SCHOOL DISTRICT MAY REPLACE REVENUES RECEIVED 3,282
FOR OPERATING EXPENSES WITH MONEY RECEIVED FROM ANY OF THE 3,283
FOLLOWING SOURCES IN MEETING THE AMOUNT REQUIRED BY DIVISION (A) 3,284
OF SECTION 3315.17 OF THE REVISED CODE TO BE DEPOSITED IN THE 3,286
DISTRICT'S TEXTBOOK AND INSTRUCTIONAL MATERIALS FUND: 3,287
(A) A PERMANENT IMPROVEMENT LEVY AUTHORIZED BY SECTION 3,290
5705.21 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS ARE 3,293
RESTRICTED BY THE DISTRICT BOARD TO EXPENDITURES FOR TEXTBOOKS, 3,294
INSTRUCTIONAL SOFTWARE, AND INSTRUCTIONAL MATERIALS, SUPPLIES, 3,295
AND EQUIPMENT;
(B) THE PROCEEDS OF SECURITIES WHOSE USE IS RESTRICTED TO 3,298
EXPENDITURES FOR TEXTBOOKS, INSTRUCTIONAL SOFTWARE, AND 3,299
INSTRUCTIONAL MATERIALS, SUPPLIES, AND EQUIPMENT. 3,300
Sec. 3315.181. AS USED IN THIS SECTION, "SECURITIES" HAS 3,302
THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE. 3,305
NOTWITHSTANDING DIVISION (A) OF SECTION 3315.18 OF THE 3,309
REVISED CODE, THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, 3,311
LOCAL, OR JOINT VOCATIONAL SCHOOL DISTRICT, IN MEETING THE AMOUNT 3,312
REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE DISTRICT'S 3,313
CAPITAL AND MAINTENANCE FUND, MAY REPLACE GENERAL FUND REVENUES 3,314
WITH PROCEEDS RECEIVED FROM A PERMANENT IMPROVEMENT LEVY 3,315
AUTHORIZED BY SECTION 5705.21 OF THE REVISED CODE ONLY TO THE 3,317
EXTENT THE PROCEEDS ARE AVAILABLE TO BE USED FOR THE ACQUISITION, 3,318
REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT 3,319
75
IMPROVEMENTS AS DEFINED IN SECTION 5705.01 OF THE REVISED CODE. 3,321
IN ADDITION, THE BOARD MAY REPLACE GENERAL FUND REVENUES WITH 3,322
PROCEEDS RECEIVED FROM ANY OF THE FOLLOWING SOURCES IN MEETING 3,323
THE AMOUNT REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE FUND: 3,324
(A) PROCEEDS RECEIVED FROM ANY SECURITIES WHOSE USE IS 3,326
LIMITED TO THE ACQUISITION, REPLACEMENT, ENHANCEMENT, 3,327
MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS; 3,328
(B) INSURANCE PROCEEDS RECEIVED AS A RESULT OF THE DAMAGE 3,330
TO OR THEFT OR DESTRUCTION OF A PERMANENT IMPROVEMENT TO THE 3,331
EXTENT A BOARD OF EDUCATION PLACES THE PROCEEDS IN A SEPARATE 3,332
FUND FOR THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, 3,333
OR REPAIR OF PERMANENT IMPROVEMENTS; 3,334
(C) PROCEEDS RECEIVED FROM THE SALE OF A PERMANENT 3,336
IMPROVEMENT TO THE EXTENT THE PROCEEDS ARE PAID INTO A SEPARATE 3,337
FUND FOR THE CONSTRUCTION OR ACQUISITION OF PERMANENT 3,338
IMPROVEMENTS; 3,339
(D) PROCEEDS RECEIVED FROM A TAX LEVY AUTHORIZED BY 3,341
SECTION 3318.06 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS 3,343
ARE AVAILABLE TO BE USED FOR THE MAINTENANCE OF CAPITAL 3,344
FACILITIES; 3,345
(E) PROCEEDS OF CERTIFICATES OF PARTICIPATION ISSUED AS 3,348
PART OF A LEASE-PURCHASE AGREEMENT ENTERED INTO UNDER SECTION 3,349
3313.375 OF THE REVISED CODE. 3,351
Sec. 3317.01. As used in this section and section 3317.011 3,360
of the Revised Code, "school district," unless otherwise 3,361
specified, means any city, local, exempted village, joint 3,362
vocational, or cooperative education school district and any 3,364
educational service center. 3,365
This chapter shall be administered by the state board of 3,367
education. The superintendent of public instruction shall 3,368
calculate the amounts payable to each school district and shall 3,369
certify the amounts payable to each eligible district to the 3,370
treasurer of the district as provided by this chapter. No moneys 3,371
shall be distributed pursuant to this chapter without the 3,372
76
approval of the controlling board. 3,373
The state board of education shall, in accordance with 3,375
appropriations made by the general assembly, meet the financial 3,376
obligations of this chapter, except that moneys to meet the 3,377
financial obligations of section 3301.17 of the Revised Code 3,378
shall be supplemented from funds available to the state from the 3,379
United States or any agency or department thereof for a driver 3,380
education course of instruction. 3,381
ANNUALLY, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND 3,383
REPORT TO EACH SCHOOL DISTRICT THE DISTRICT'S TOTAL STATE AND 3,384
LOCAL FUNDS FOR PROVIDING AN ADEQUATE BASIC EDUCATION TO THE 3,385
DISTRICT'S NONHANDICAPPED STUDENTS, UTILIZING THE DETERMINATION 3,386
IN SECTION 3317.012 OF THE REVISED CODE. IN ADDITION, THE
DEPARTMENT SHALL CALCULATE AND REPORT SEPARATELY FOR EACH SCHOOL 3,387
DISTRICT THE DISTRICT'S TOTAL STATE AND LOCAL FUNDS FOR PROVIDNG 3,388
AN ADEQUATE EDUCATION FOR ITS HANDICAPPED STUDENTS, UTILIZING THE 3,389
DETERMINATIONS IN BOTH SECTIONS 3317.012 AND 3317.013 OF THE 3,390
REVISED CODE.
Moneys distributed pursuant to this chapter shall be 3,392
calculated and paid on a fiscal year basis, beginning with the 3,393
first day of July and extending through the thirtieth day of 3,394
June. The moneys appropriated for each fiscal year shall be 3,395
distributed at least monthly to each school district unless 3,396
otherwise provided for. With each payment, the state board shall 3,397
submit to each school district a detailed statement of state 3,398
special education support indicating the amount of the payment 3,399
calculated under division (A) of section 3317.022 of the Revised 3,400
Code as basic aid that is attributable to the district's category 3,402
one, two, and three special education ADMs plus the amount of the 3,403
distribution computed under division (C) of section 3317.022 of 3,404
the Revised Code. The state board shall submit a yearly
districution DISTRIBUTION plan to the controlling board at its 3,405
first meeting in July. The state board shall submit any proposed 3,406
midyear revision of the plan to the controlling board in January. 3,408
77
Any year-end revision of the plan shall be submitted to the 3,409
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 3,410
shall be on the same basis for each school district. 3,411
The total amounts paid each month shall constitute, as 3,413
nearly as possible, one-twelfth of the total amount payable for 3,414
the entire year. Payments made during the first six months of 3,415
the fiscal year may be based on an estimate of the amounts 3,416
payable for the entire year. Payments made in the last six 3,417
months shall be based on the final calculation of the amounts 3,418
payable to each school district for that fiscal year. Payments 3,419
made in the last six months may be adjusted, if necessary, to 3,420
correct the amounts distributed in the first six months, and to 3,421
reflect enrollment increases when such are at least three per 3,422
cent. Except as otherwise provided, payments under this chapter 3,423
shall be made only to those school districts in which: 3,424
(A) The school district, except for any educational 3,427
service center and any joint vocational or cooperative education 3,428
school district, levies for current operating expenses at least 3,429
twenty mills. Levies for joint vocational or cooperative 3,431
education school districts or county school financing districts, 3,432
limited to or to the extent apportioned to current expenses, 3,433
shall be included in this qualification requirement. School 3,434
district income tax levies under Chapter 5748. of the Revised 3,435
Code, limited to or to the extent apportioned to current 3,436
operating expenses, shall be included in this qualification 3,437
requirement to the extent determined by the tax commissioner 3,438
under division (C) of section 3317.021 of the Revised Code. 3,439
(B) The school year next preceding the fiscal year for 3,441
which such payments are authorized meets the requirement of 3,442
section 3313.48 or 3313.481 of the Revised Code, with regard to 3,443
the minimum number of days or hours school must be open for 3,444
instruction with pupils in attendance, for individualized 3,445
parent-teacher conference and reporting periods, and for 3,446
78
professional meetings of teachers. This requirement shall be 3,447
waived by the superintendent of public instruction if it had been 3,448
necessary for a school to be closed because of disease epidemic, 3,449
hazardous weather conditions, inoperability of school buses or 3,450
other equipment necessary to the school's operation, damage to a 3,451
school building, or other temporary circumstances due to utility 3,452
failure rendering the school building unfit for school use, 3,453
provided that for those school districts operating pursuant to 3,454
section 3313.48 of the Revised Code the number of days the school 3,455
was actually open for instruction with pupils in attendance and 3,456
for individualized parent-teacher conference and reporting 3,457
periods is not less than one hundred seventy-five, or for those 3,458
school districts operating on a trimester plan the number of days 3,459
the school was actually open for instruction with pupils in 3,460
attendance not less than seventy-nine days in any trimester, for 3,461
those school districts operating on a quarterly plan the number 3,462
of days the school was actually open for instruction with pupils 3,463
in attendance not less than fifty-nine days in any quarter, or 3,464
for those school districts operating on a pentamester plan the 3,465
number of days the school was actually open for instruction with 3,466
pupils in attendance not less than forty-four days in any 3,467
pentamester.
A school district shall not be considered to have failed to 3,469
comply with this division or section 3313.481 of the Revised Code 3,470
because schools were open for instruction but either twelfth 3,471
grade students were excused from attendance for up to three days 3,472
or only a portion of the kindergarten students were in attendance 3,473
for up to three days in order to allow for the gradual 3,474
orientation to school of such students. 3,475
The superintendent of public instruction shall waive the 3,477
requirements of this section with reference to the minimum number 3,478
of days or hours school must be in session with pupils in 3,479
attendance for the school year succeeding the school year in 3,480
which a board of education initiates a plan of operation pursuant 3,481
79
to section 3313.481 of the Revised Code. The minimum 3,482
requirements of this section shall again be applicable to such a 3,483
district beginning with the school year commencing the second 3,484
July succeeding the initiation of one such plan, and for each 3,485
school year thereafter. 3,486
A school district shall not be considered to have failed to 3,488
comply with this division or section 3313.48 or 3313.481 of the 3,489
Revised Code because schools were open for instruction but the 3,490
length of the regularly scheduled school day, for any number of 3,491
days during the school year, was reduced by not more than two 3,492
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 3,494
accordance with, a teacher's TEACHERS' salary schedule which 3,496
complies with section 3317.13 of the Revised Code.
A board of education or governing board of an educational 3,498
service center which has not conformed with other law and the 3,500
rules pursuant thereto, shall not participate in the distribution 3,501
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 3,502
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 3,503
good and sufficient reason established to the satisfaction of the 3,504
state board of education and the state controlling board. 3,505
All funds allocated to school districts under this chapter, 3,507
except those specifically allocated for other purposes, shall be 3,508
used to pay current operating expenses only. 3,509
Sec. 3317.013. This section does not apply to preschool 3,518
handicapped PRESCHOOL students. 3,519
Analysis of special education cost data has resulted in a 3,521
finding that the average special education excess ADDITIONAL cost 3,523
per pupil, including the costs of related services, can be 3,524
expressed as a multiple of the base cost per pupil calculated 3,526
under section 3317.012 of the Revised Code. The multiples for 3,527
the following categories of special education programs, as these 3,528
programs are defined for purposes of Chapter 3323. of the Revised 3,529
Code, are as follows:
80
(A) A multiple of 0.22 for students identified as specific 3,532
learning disabled, other health handicapped, or developmentally
handicapped, as these terms are defined pursuant to Chapter 3323. 3,533
of the Revised Code; 3,534
(B) A multiple of 3.01 for students identified as hearing 3,536
handicapped, orthopedically handicapped, vision impaired, 3,537
multihandicapped, and severe behavior handicapped, as these terms 3,539
are defined pursuant to Chapter 3323. of the Revised Code. 3,540
Further analysis indicates that approximately one-eighth of 3,542
THE TOTAL COSTS OF SERVING special education costs consist 3,544
STUDENTS CONSISTS of the furnishing of THE related services 3,546
specified in division (A)(B)(3) of section 3317.024 3317.022 of 3,548
the Revised Code. 3,549
Sec. 3317.02. As used in this chapter: 3,558
(A) Unless otherwise specified, "school district" means 3,560
city, local, and exempted village school districts. 3,561
(B) "Formula amount" means the base cost for the fiscal 3,563
year specified in section 3317.012 of the Revised Code, except 3,565
that to allow for the orderly phase-in of the increased funding 3,567
specified in that section, the formula amount for fiscal year 3,568
1999 shall be $3,851; the formula amount for fiscal year 2000 3,569
shall be $4,038; and the formula amount for fiscal year 2001 3,570
shall be $4,226. Thereafter, the formula amount shall be as 3,571
specified in that section.
(C) "FTE basis" means a count of students based on 3,574
full-time equivalency, in accordance with rules adopted by the 3,575
department of education pursuant to section 3317.03 of the 3,576
Revised Code. IN ADOPTING ITS RULES UNDER THIS DIVISION, THE 3,577
DEPARTMENT SHALL PROVIDE FOR COUNTING ANY STUDENT IN A DISTRICT'S 3,578
CATEGORY ONE, TWO, OR THREE SPECIAL EDUCATION ADM IN THE SAME 3,579
PROPORTION THE STUDENT IS COUNTED IN FORMULA ADM. 3,580
(D)(1) "Formula ADM" means the greater of the number 3,583
reported pursuant to division (A) of section 3317.03 of the 3,585
Revised Code or the three-year. 3,587
81
(2) "THREE-YEAR AVERAGE FORMULA ADM" MEANS THE average of 3,589
that number and the number reported under that division A SCHOOL 3,591
DISTRICT'S FORMULA ADMs for the CURRENT AND preceding two fiscal 3,592
years. However, as applicable in fiscal years 1999 and 2000, the 3,594
three-year average specified in this division shall be determined 3,596
utilizing the FY 1997 ADM or FY 1998 ADM in lieu of a number 3,598
reported under division (A) of section 3317.03 of the Revised 3,600
Code FORMULA ADM FOR FISCAL YEAR 1997 OR 1998. 3,601
(E) "Preschool special education ADM" means the sum of the 3,604
average daily membership of handicapped preschool children
receiving services in preschool special education units approved 3,605
pursuant to division (B) of section 3317.05 of the Revised Code 3,607
FY 1997 ADM" or "FY 1998 ADM" MEANS THE DISTRICT'S AVERAGE DAILY 3,612
MEMBERSHIP REPORTED FOR THE APPLICABLE FISCAL YEAR UNDER THE 3,613
VERSION OF DIVISION (A) OF SECTION 3317.03 OF THE REVISED CODE IN 3,616
EFFECT DURING THAT FISCAL YEAR, ADJUSTED AS FOLLOWS: 3,617
(1) MINUS THE AVERAGE DAILY MEMBERSHIP OF HANDICAPPED 3,620
PRESCHOOL CHILDREN;
(2) MINUS ONE-HALF OF THE AVERAGE DAILY MEMBERSHIP 3,623
ATTENDING KINDERGARTEN;
(3) MINUS THREE-FOURTHS OF THE AVERAGE DAILY MEMBERSHIP 3,626
ATTENDING A JOINT VOCATIONAL SCHOOL DISTRICT; 3,627
(4) PLUS THE AVERAGE DAILY MEMBERSHIP ENTITLED UNDER 3,629
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO ATTEND SCHOOL 3,631
IN THE DISTRICT BUT RECEIVING EDUCATIONAL SERVICES IN APPROVED 3,632
UNITS FROM AN EDUCATIONAL SERVICE CENTER OR ANOTHER SCHOOL 3,634
DISTRICT UNDER A COMPACT OR A COOPERATIVE EDUCATION AGREEMENT, AS 3,635
DETERMINED BY THE DEPARTMENT;
(5) MINUS THE AVERAGE DAILY MEMBERSHIP RECEIVING 3,637
EDUCATIONAL SERVICES FROM THE DISTRICT IN APPROVED UNITS BUT 3,638
ENTITLED UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO 3,639
ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT, AS DETERMINED BY THE 3,640
DEPARTMENT.
(F)(1) "Category one special education ADM" means the 3,644
82
average daily membership of handicapped children receiving
special education services for those handicaps specified in 3,646
division (A) of section 3317.013 of the Revised Code and reported 3,648
under division (B) of section 3317.03 of the Revised Code. 3,650
(2) "Category two special education ADM" means the average 3,654
daily membership of handicapped children receiving special 3,655
education services for those handicaps specified in division (B) 3,656
of section 3317.013 of the Revised Code and reported under 3,658
division (B) of section 3317.03 of the Revised Code. 3,660
(3) "Category three special education ADM" means the 3,664
average daily membership of students receiving special education 3,665
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 3,666
terms are defined pursuant to Chapter 3323. of the Revised Code, 3,667
and reported under division (B) of section 3317.03 of the Revised 3,668
Code.
(G) "Family assistance" means assistance received under 3,670
the Ohio works first program or, for the purpose of determining 3,672
the five-year average of recipients of family assistance for 3,673
fiscal years 1999 through 2002, assistance received under an 3,674
antecedent family assistance program known as TANF or ADC 3,675
HANDICAPPED PRESCHOOL CHILD" MEANS A HANDICAPPED CHILD, AS 3,677
DEFINED IN SECTION 3323.01 OF THE REVISED CODE, WHO IS AT LEAST 3,679
AGE THREE BUT IS NOT OF COMPULSORY SCHOOL AGE, AS DEFINED IN 3,680
SECTION 3321.01 OF THE REVISED CODE, AND WHO HAS NOT ENTERED 3,682
KINDERGARTEN. 3,683
(H) "DPIA ADM" means the five-year average of the number 3,686
of children ages five to seventeen years residing in the school 3,687
district and living in a family receiving family assistance, as 3,689
certified or adjusted under section 3317.10 of the Revised Code 3,690
COUNTY MR/DD BOARD" MEANS A COUNTY BOARD OF MENTAL RETARDATION 3,692
AND DEVELOPMENTAL DISABILITIES. 3,693
(I)(1) "DPIA percentage" means a school district's DPIA 3,696
ADM for the fiscal year divided by the district's three-year 3,697
83
average formula ADM for that fiscal year. 3,699
(2) "Three-year average formula ADM" means the average of 3,702
the district's formula ADM for the current and preceding two 3,704
fiscal years, provided that in fiscal years 1999 and 2000, the 3,705
department shall calculate this average utilizing the district's 3,706
ADM reported for fiscal years 1997 and 1998 pursuant to division 3,707
(A) of section 3317.03 of the Revised Code, minus one-half the 3,709
kindergarten students "RECOGNIZED VALUATION" MEANS THE AMOUNT 3,712
CALCULATED FOR A SCHOOL DISTRICT PURSUANT TO SECTION 3317.015 OF 3,713
THE REVISED CODE. 3,714
(J) "Transportation ADM" means the number of children 3,718
reported under division (B)(9) of section 3317.03 of the Revised 3,720
Code. 3,721
(K) "Most efficient transportation use cost per 3,723
TRANSPORTED student" for a district means the most efficient cost 3,725
per transported student for that district as developed A 3,726
STATISTICAL REPRESENTATION OF TRANSPORTATION COSTS AS CALCULATED 3,727
under division (D)(4) of section 3317.022 of the Revised Code. 3,729
(L) "Taxes charged and payable" means the taxes charged 3,731
and payable against real and public utility property after making 3,732
the reduction required by section 319.301 of the Revised Code, 3,733
plus the taxes levied against tangible personal property. 3,734
(M) "Total taxable value" means the sum of the amounts 3,738
certified for a city, local, exempted village, or joint 3,739
vocational school district under divisions (A)(1) and (2) of 3,740
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 3,742
indicated in this division for the county in which the district 3,743
is located, adjusted in accordance with division (N)(2) of this 3,745
section. If the district is located in more than one county, the 3,746
factor is the amount indicated for the county to which the
district is assigned by the state department of education. 3,747
COST-OF-DOING-BUSINESS 3,749
COUNTY FACTOR AMOUNT 3,750
84
Adams 1.0100 3,754
Allen 1.0272 3,755
Ashland 1.0362 3,756
Ashtabula 1.0540 3,757
Athens 1.0040 3,758
Auglaize 1.0300 3,759
Belmont 1.0101 3,760
Brown 1.0218 3,761
Butler 1.0662 3,762
Carroll 1.0180 3,763
Champaign 1.0432 3,764
Clark 1.0489 3,765
Clermont 1.0498 3,766
Clinton 1.0287 3,767
Columbiana 1.0320 3,768
Coshocton 1.0224 3,769
Crawford 1.0174 3,770
Cuyahoga 1.0725 3,771
Darke 1.0360 3,772
Defiance 1.0214 3,773
Delaware 1.0512 3,774
Erie 1.0414 3,775
Fairfield 1.0383 3,776
Fayette 1.0281 3,777
Franklin 1.0548 3,778
Fulton 1.0382 3,779
Gallia 1.0000 3,780
Geauga 1.0608 3,781
Greene 1.0418 3,782
Guernsey 1.0091 3,783
Hamilton 1.0750 3,784
Hancock 1.0270 3,785
Hardin 1.0384 3,786
Harrison 1.0111 3,787
85
Henry 1.0389 3,788
Highland 1.0177 3,789
Hocking 1.0164 3,790
Holmes 1.0275 3,791
Huron 1.0348 3,792
Jackson 1.0176 3,793
Jefferson 1.0090 3,794
Knox 1.0276 3,795
Lake 1.0627 3,796
Lawrence 1.0154 3,797
Licking 1.0418 3,798
Logan 1.0376 3,799
Lorain 1.0573 3,800
Lucas 1.0449 3,801
Madison 1.0475 3,802
Mahoning 1.0465 3,803
Marion 1.0289 3,804
Medina 1.0656 3,805
Meigs 1.0016 3,806
Mercer 1.0209 3,807
Miami 1.0456 3,808
Monroe 1.0152 3,809
Montgomery 1.0484 3,810
Morgan 1.0168 3,811
Morrow 1.0293 3,812
Muskingum 1.0194 3,813
Noble 1.0150 3,814
Ottawa 1.0529 3,815
Paulding 1.0216 3,816
Perry 1.0185 3,817
Pickaway 1.0350 3,818
Pike 1.0146 3,819
Portage 1.0595 3,820
Preble 1.0523 3,821
86
Putnam 1.0308 3,822
Richland 1.0232 3,823
Ross 1.0111 3,824
Sandusky 1.0361 3,825
Scioto 1.0082 3,826
Seneca 1.0265 3,827
Shelby 1.0274 3,828
Stark 1.0330 3,829
Summit 1.0642 3,830
Trumbull 1.0465 3,831
Tuscarawas 1.0109 3,832
Union 1.0488 3,833
Van Wert 1.0181 3,834
Vinton 1.0065 3,835
Warren 1.0678 3,836
Washington 1.0124 3,837
Wayne 1.0446 3,838
Williams 1.0316 3,839
Wood 1.0431 3,840
Wyandot 1.0227 3,841
(2) As used in this division, "multiplier" means the 3,844
number for the corresponding fiscal year as follows: 3,845
FISCAL YEAR OF THE 3,847
COMPUTATION MULTIPLIER 3,848
1998 9.6/7.5 3,850
1999 11.0/7.5 3,851
2000 12.4/7.5 3,852
2001 13.8/7.5 3,853
2002 15.2/7.5 3,854
2003 16.6/7.5 3,855
2004 and thereafter 18.0/7.5 3,856
Beginning in fiscal year 1998, the department shall 3,859
annually adjust the cost-of-doing-business factor for each county 3,861
in accordance with the following formula: 3,862
87
[(The cost-of-doing-business factor specified under 3,864
division (N)(1) of this section - 1) X (the multiplier 3,865
for the fiscal year of the calculation)< + 1 3,866
The result of such formula shall be the adjusted 3,868
cost-of-doing-business factor for that fiscal year. 3,869
(O) "Tax exempt value" of a school district means the 3,871
amount certified for a school district under division (A)(4) of 3,872
section 3317.021 of the Revised Code. 3,873
(P) "Potential value" of a school district means the 3,875
adjusted total taxable value of a school district plus the tax 3,877
exempt value of the district. 3,878
(Q) "District median income" means the median Ohio 3,880
adjusted gross income certified for a school district. On or 3,881
before the first day of July of each year, the tax commissioner 3,882
shall certify to the department of education for each city, 3,883
exempted village, and local school district the median Ohio 3,884
adjusted gross income of the residents of the school district 3,885
determined on the basis of tax returns filed for the second 3,886
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 3,888
median income of all city, exempted village, and local school 3,890
districts in the state.
(S) "Income factor" for a city, exempted village, or local 3,892
school district means the quotient obtained by dividing that 3,894
district's median income by the statewide median income. 3,895
(T) "Valuation EXCEPT AS PROVIDED IN DIVISION (B)(3) OF 3,897
SECTION 3317.012 OF THE REVISED CODE, "VALUATION per pupil" for a 3,898
city, exempted village, or local school district means the 3,900
district's recognized valuation divided by THE GREATER OF the 3,901
district's formula ADM OR THREE-YEAR AVERAGE FORMULA ADM. 3,903
(U) Except as provided in section 3317.0213 of the Revised 3,906
Code, "adjusted valuation per pupil" means the amount calculated 3,908
in accordance with the following formula: 3,909
District valuation per pupil - [$60,000 X 3,911
88
(1 - district income factor)< 3,912
If the result of such formula is negative, the adjusted 3,914
valuation per pupil shall be zero. 3,915
(V) "Income adjusted valuation" means the product obtained 3,917
by multiplying the district's adjusted valuation per pupil by THE 3,918
GREATER OF the district's formula ADM OR THREE-YEAR AVERAGE 3,920
FORMULA ADM.
(W) "Adjusted EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 3,922
SECTION 3317.022 OF THE REVISED CODE, "ADJUSTED total taxable 3,923
value" means one of the following: 3,924
(1) In any fiscal year that a district's income factor is 3,926
less than or equal to one, the amount calculated under the 3,927
following formula:
(Income adjusted valuation X 1/5) + 3,929
(recognized valuation X 4/5) 3,930
(2) In fiscal year 1999, if a district's income factor is 3,933
greater than one, the amount calculated under the following 3,934
formula: 3,935
(Income adjusted valuation X 1/15) 3,937
+ (recognized valuation X 14/15) 3,938
Thereafter, the adjusted total taxable value of a district 3,940
with an income factor greater than one shall be its recognized 3,942
valuation.
(X) "Recognized valuation" means the amount calculated for 3,944
a school district pursuant to section 3317.015 of the Revised 3,947
Code.
(Y) "County MR/DD board" means a county board of mental 3,951
retardation and developmental disabilities. 3,952
(Z) "Handicapped preschool child" means a handicapped 3,955
child, as defined in section 3323.01 of the Revised Code, who is 3,957
at least age three but is not of compulsory school age, as 3,958
defined in section 3321.01 of the Revised Code, and who has not 3,960
entered kindergarten. 3,961
(AA) "FY 1997 or FY 1998 ADM" means for either fiscal 3,965
89
year, as applicable, the district's average daily membership as 3,966
described by division (A) of former section 3317.02 of the 3,967
Revised Code, plus the district's average daily membership based 3,969
upon full-time equivalency in approved vocational units as
certified by the district under division (A)(2) of former section 3,971
3317.03 of the Revised Code and the district's average daily 3,973
membership of all handicapped children, except for preschool 3,975
handicapped children, in classes in the district as certified
under division (a)(3) of former section 3317.03 of the Revised 3,977
Code, as those divisions and sections existed in the applicable 3,979
fiscal year.
Sec. 3317.021. (A) On or before the first day of June of 3,988
each year, the tax commissioner shall certify to the department 3,989
of education the following information for each city, exempted 3,990
village, and local school district and the information required 3,991
by divisions (A)(1) and (2) of this section for each joint 3,992
vocational school district, and it shall be used, along with the 3,993
information certified under division (B) of this section, in 3,994
making the computations for the district under section 3317.022 3,995
or 3317.16 of the Revised Code: 3,996
(1) The taxable value of real and public utility real 3,998
property in the school district subject to taxation in the 3,999
preceding tax year, by class and by county of location; 4,000
(2) The taxable value of tangible personal property, 4,002
including public utility personal property, subject to taxation 4,003
by the district for the preceding tax year; 4,004
(3) The total property tax rate and total taxes charged 4,006
and payable for the current expenses for the preceding tax year 4,007
and the total property tax rate and the total taxes charged and 4,008
payable to a joint vocational district for the preceding tax year 4,009
that are limited to or to the extent apportioned to current 4,010
expenses; 4,011
(4) The value of all real and public utility real property 4,013
in the school district exempted from taxation minus both of the 4,014
90
following: 4,015
(a) The value of real and public utility real property in 4,017
the district owned by the United States government and used 4,018
exclusively for a public purpose; 4,019
(b) The value of real and public utility real property in 4,021
the district exempted from taxation under Chapter 725. or 1728. 4,022
or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 4,023
5709.73, or 5709.78 of the Revised Code. 4,024
(5) The total effective operating tax rate for the 4,026
district IN THE TAX YEAR FOR WHICH THE MOST RECENT DATA ARE 4,027
AVAILABLE.
(B) On or before the first day of May each year, the tax 4,029
commissioner shall certify to the department of education the 4,030
total taxable real property value of railroads and, separately, 4,031
the total taxable tangible personal property value of all public 4,032
utilities for the preceding tax year, by school district and by 4,033
county of location. 4,034
(C) If on the basis of the information certified under 4,036
division (A) of this section, the department determines that any 4,037
district fails in any year to meet the qualification requirement 4,038
specified in division (A) of section 3317.01 of the Revised Code, 4,039
the department shall immediately request the tax commissioner to 4,040
determine the extent to which any school district income tax 4,041
levied by the district under Chapter 5748. of the Revised Code 4,042
shall be included in meeting that requirement. Within five days 4,043
of receiving such a request from the department, the tax 4,044
commissioner shall make the determination required by this 4,045
division and report the quotient obtained under division (C)(3) 4,046
of this section to the department. This quotient represents the 4,047
number of mills that the department shall include in determining 4,048
whether the district meets the qualification requirement of 4,049
division (A) of section 3317.01 of the Revised Code. 4,050
The tax commissioner shall make the determination required 4,052
by this division as follows: 4,053
91
(1) Multiply one mill times the total taxable value of the 4,055
district as determined in divisions (A)(1) and (2) of this 4,056
section; 4,057
(2) Estimate the total amount of tax liability for the 4,059
current tax year under taxes levied by Chapter 5748. of the 4,060
Revised Code that are apportioned to current operating expenses 4,061
of the district; 4,062
(3) Divide the amount estimated under division (C)(2) of 4,064
this section by the product obtained under division (C)(1) of 4,065
this section. 4,066
(D) As used in this section: 4,068
(1) "Class I taxes charged and payable for current 4,071
expenses" means taxes charged and payable for current expenses on
land and improvements classified as residential/agricultural real 4,072
property under section 5713.041 of the Revised Code. 4,074
(2) "Class I taxable value" means the taxable value of 4,077
land and improvements classified as residential/agricultural real 4,078
property under section 5713.041 of the Revised Code. 4,079
(3) "Class I effective operating tax rate" of a school 4,082
district means the quotient obtained by dividing the school 4,083
district's Class I taxes charged and payable for current expenses 4,084
by the district's Class I taxable value.
(4) "Income tax equivalent tax rate" of a school district 4,086
means the quotient obtained by dividing the income tax liability 4,088
for the most recently concluded REVENUE DISBURSED DURING THE 4,089
CURRENT FISCAL year under any tax levied pursuant to Chapter 4,090
5748. of the Revised Code by total taxable value of the district 4,092
to the extent the revenue from the tax is allocated or
apportioned to current expenses. 4,093
(5) "Total effective operating tax rate" means the sum of 4,096
the Class I effective operating tax rate and the income tax 4,098
equivalent tax rate.
(6) "State taxable value per pupil" means the quotient 4,101
obtained by dividing the total taxable value of all city, local, 4,102
92
and exempted village school districts in this state by the sum of 4,103
the formula ADMs of all city, local, and exempted village school 4,104
districts in this state.
Sec. 3317.022. (A)(1) The department of education shall 4,113
compute and distribute state basic aid to each school district 4,115
for the fiscal year in accordance with the following formula, 4,116
using adjusted total taxable value as defined under division (W) 4,118
of section 3317.02 of the Revised Code OR DIVISION (A)(2) OF THIS 4,119
SECTION and the information obtained under section 3317.021 of 4,120
the Revised Code in the calendar year in which the fiscal year 4,121
begins.
Compute the following for each eligible district: 4,123
([cost-of-doing-business factor X 4,124
the formula amount X (THE GREATER OF formula ADM 4,125
OR THREE-YEAR AVERAGE FORMULA ADM)< - 4,126
(.023 X adjusted total taxable value) 4,127
If the difference obtained is a negative number, the 4,129
district's computation shall be zero. 4,130
(2)(a) For each school district for which the tax exempt 4,133
value of the district equals or exceeds twenty-five per cent of 4,134
the potential value of the district, the department of education 4,135
shall calculate the difference between the district's tax exempt 4,136
value and twenty-five per cent of the district's potential value. 4,137
(b) For each school district to which division (A)(2)(a) 4,140
of this section applies, the adjusted total taxable value used in 4,141
the calculation under division (A)(1) of this section shall be 4,142
the adjusted total taxable value modified by subtracting the 4,143
amount calculated under division (A)(2)(a) of this section. 4,144
(B) As used in division (C) of this section and in section 4,147
3317.024 of the Revised Code:
(1) The "total special education weight" for a district 4,149
means the sum of the following amounts: 4,150
(a) The district's category one special education ADM 4,152
multiplied by the multiple specified under division (A) of 4,155
93
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 4,157
three special education ADMs multiplied by the multiple specified 4,159
under division (B) of section 3317.013 of the Revised Code. 4,160
(2) "State share percentage" means the percentage 4,162
calculated for a district as follows: 4,163
(a) Calculate the basic aid amount for the district for 4,165
the fiscal year under division (A) of this section. If the 4,167
district would not receive any state basic aid for that year
under that division, the district's state share percentage is 4,168
zero.
(b) If the district would receive basic aid under that 4,170
division, divide that basic aid amount by an amount equal to the 4,171
following: 4,172
Cost-of-doing-business factor X 4,174
the formula amount X (THE GREATER OF formula 4,175
ADM OR THREE-YEAR AVERAGE FORMULA ADM) 4,176
The resultant number is the district's state share 4,179
percentage. 4,180
(3) "RELATED SERVICES" INCLUDES: 4,183
(a) CHILD STUDY, SPECIAL EDUCATION SUPERVISORS AND 4,185
COORDINATORS, SPEECH AND HEARING SERVICES, ADAPTIVE PHYSICAL 4,186
DEVELOPMENT SERVICES, AND OCCUPATIONAL OR PHYSICAL THERAPY, AS 4,187
THOSE TERMS ARE DEFINED BY THE DEPARTMENT; 4,188
(b) SPEECH AND LANGUAGE SERVICES PROVIDED TO ANY STUDENT 4,191
WITH A HANDICAP, INCLUDING ANY STUDENT WHOSE PRIMARY OR ONLY 4,192
HANDICAP IS A SPEECH AND LANGUAGE HANDICAP;
(c) ANY RELATED SERVICE NOT SPECIFICALLY COVERED BY OTHER 4,195
STATE FUNDS BUT SPECIFIED IN FEDERAL LAW, INCLUDING BUT NOT 4,196
LIMITED TO, AUDIOLOGY AND PSYCHOLOGY;
(d) ANY SERVICE INCLUDED IN UNITS FUNDED UNDER FORMER 4,199
DIVISION (O)(1) OF SECTION 3317.023 OF THE REVISED CODE. 4,201
(C)(1) The department shall compute and distribute state 4,203
basic special education AND RELATED SERVICES ADDITIONAL WEIGHTED 4,204
94
COSTS funds to each school district in accordance with the 4,205
following formula:
The district's state share percentage 4,207
X seven-eighths of the formula amount for the year 4,208
for which the aid is calculated 4,209
X the district's total special education weight 4,210
(2) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 4,212
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND ON RELATED 4,214
SERVICES THE LESSER OF THE FOLLOWING: 4,215
(a) THE AMOUNT THE DISTRICT SPENT ON RELATED SERVICES IN 4,218
THE PRECEDING FISCAL YEAR;
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 4,222
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 4,223
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 4,225
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (C)(1) 4,227
OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND 4,228
RELATED SERVICES ADDITIONAL WEIGHTED COSTS 4,229
(3) THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 4,231
SERVICES ADDITIONAL WEIGHTED COSTS EQUALS: 4,232
(1 - THE DISTRICT'S STATE SHARE PERCENTAGE) X 4,234
THE DISTRICT'S TOTAL SPECIAL EDUCATION WEIGHT X 4,235
THE FORMULA AMOUNT 4,236
(4) The department shall compute and pay in accordance 4,239
with this division additional state aid to school districts for 4,240
students in category three special education ADM. If a 4,241
district's costs for the fiscal year for a student in its 4,242
category three special education ADM are twenty-five thousand 4,244
dollars or more, the district may submit to the superintendent of 4,245
public instruction documentation, as prescribed by the 4,246
superintendent, of all its costs for that student. Upon 4,247
submission of documentation for a student of the type and in the 4,248
manner prescribed, the department shall pay to the district an 4,249
amount equal to the district's costs for the student in excess of 4,250
twenty-five thousand dollars multiplied by the district's state 4,251
95
share percentage.
(D)(1) As used in this division, "log density" means a 4,253
statistical representation of the most efficient transportation 4,254
use cost per transported student for each district based on a 4,255
statewide analysis THE LOGARITHMIC CALCULATION (BASE 10) of each 4,256
district's transportation ADM per linear mile. 4,257
(2) In addition to funds paid under divisions (A) and (C) 4,260
of this section, each district shall receive a payment equal to
sixty per cent of the district's transportation ADM times the 4,261
district's most efficient transportation use cost per transported 4,262
student.
(3) In fiscal years 1999 through 2002, notwithstanding the 4,264
amount calculated for each district under division (D)(2) of this 4,265
section, each district shall receive in the corresponding fiscal 4,266
year the following percentage of the district's transportation 4,267
ADM times the district's most efficient transportation use cost 4,268
per transported student:
FISCAL YEAR PERCENTAGE 4,270
1999 50% 4,271
2000 52.5% 4,272
2001 55% 4,273
2002 57.5% 4,274
(4) For purposes of funding the student transportation 4,278
portion, the department of education shall determine the most 4,279
efficient transportation use cost per transported student for 4,280
each school district. This cost per student shall be an amount 4,281
equal to the number ten to a power calculated in accordance with 4,282
the following formula:
(-0.413148 X log density) + 2.493129 4,284
(5) The department of education shall biennially ANNUALLY 4,286
update the most efficient transportation use cost per transported 4,288
student for each district in accordance with the formula in 4,289
division (D)(4) of this section, including the figures and log 4,290
density component of that formula, based on a AN ANNUAL statewide 4,291
96
analysis of each district's transportation ADM per linear mile, 4,293
and shall notify the office of budget and management of such
update by September of each even-numbered EVERY year. 4,294
THE DEPARTMENT OF EDUCATION SHALL USE THE MOST RECENT 4,296
AVAILABLE DATA AS OF THE FIRST DAY OF JULY OF EACH YEAR TO 4,297
COMPLETE THE ANNUAL UPDATE. THE DEPARTMENT SHALL APPLY A 2.8 PER 4,298
CENT INFLATION COST ADJUSTMENT FACTOR FOR EACH FISCAL YEAR SINCE 4,299
THE FISCAL YEAR FOR WHICH THE DATA APPLIES TO ADJUST THE AMOUNT 4,300
CALCULATED FOR EACH DISTRICT UNDER DIVISION (D)(2) OR (3) OF THIS 4,301
SECTION TO THE CURRENT FISCAL YEAR LEVEL.
(6) IN ADDITION TO FUNDS PAID UNDER DIVISION (D)(2) OR (3) 4,303
OF THIS SECTION, EACH DISTRICT SHALL RECEIVE IN ACCORDANCE WITH 4,305
RULES ADOPTED BY THE STATE BOARD OF EDUCATION A PAYMENT FOR 4,306
STUDENTS TRANSPORTED BY MEANS OTHER THAN BOARD-OWNED OR 4,307
CONTRACTOR-OPERATED BUSES AND WHOSE TRANSPORTATION IS NOT FUNDED 4,308
UNDER DIVISION (J) OF SECTION 3317.024 OF THE REVISED CODE. THE 4,309
RULES SHALL INCLUDE PROVISIONS FOR SCHOOL DISTRICT REPORTING OF 4,310
SUCH STUDENTS.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 4,319
the Revised Code, the amounts required to be paid to a district 4,320
under that section THIS CHAPTER shall be adjusted by the amount 4,321
of the computations made under divisions (B) to (J)(K) of this 4,322
section. 4,323
As used in this section: 4,325
(1) "Classroom teacher" means a licensed employee who 4,327
provides direct instruction to pupils, excluding teachers funded 4,328
from money paid to the district from federal sources; educational 4,329
service personnel; and vocational and special education teachers. 4,330
(2) "Educational service personnel" shall not include such 4,332
specialists funded from money paid to the district from federal 4,333
sources or assigned full-time to vocational or special education 4,334
students and classes and may only include those persons employed 4,335
in the eight specialist areas in a pattern approved by the 4,336
department of education under guidelines established by the state 4,337
97
board of education. 4,338
(3) "Annual salary" means the annual base salary stated in 4,340
the state minimum salary schedule for the performance of the 4,341
teacher's regular teaching duties that the teacher earns for 4,342
services rendered for the first full week of October of the 4,343
fiscal year for which the adjustment is made under division (C) 4,345
of this section. It shall not include any salary payments for 4,346
supplemental teachers contracts. 4,347
(4) "Regular student population" means the formula ADM 4,350
PLUS THE NUMBER OF STUDENTS REPORTED AS ENROLLED IN THE DISTRICT 4,351
PURSUANT TO DIVISION (A)(1) OF SECTION 3313.981 OF THE REVISED 4,352
CODE; minus the number of students reported under division (A)(2) 4,354
of section 3317.03 of the Revised Code and; minus the FTE of 4,355
students reported under division (B)(5), (6), (7), or (8) of that 4,356
section who are enrolled in a vocational education class or 4,357
receiving special education,; and minus one-fourth of the 4,358
students enrolled concurrently in a joint vocational school 4,359
district.
(B) If the district employs less than one full-time 4,361
equivalent classroom teacher for each twenty-five pupils in the 4,363
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 4,366
(1) Divide the number of the district's full-time 4,368
equivalent classroom teachers employed by one twenty-fifth; 4,369
(2) Subtract the quotient in (1) from the district's 4,371
regular student population; 4,372
(3) Multiply the difference in (2) by seven hundred 4,374
fifty-two dollars. 4,375
(C) If a positive amount, add one-half of the amount 4,377
obtained by multiplying the number of full-time equivalent 4,378
classroom teachers by: 4,379
(1) The mean annual salary of all full-time equivalent 4,381
classroom teachers employed by the district at their respective 4,382
training and experience levels minus; 4,383
98
(2) The mean annual salary of all such teachers at their 4,385
respective levels in all school districts receiving payments 4,386
under this section. 4,387
The number of full-time equivalent classroom teachers used 4,389
in this computation shall not exceed one twenty-fifth of the 4,390
district's regular student population. In calculating the 4,392
district's mean salary under this division, those full-time 4,393
equivalent classroom teachers with the highest training level 4,394
shall be counted first, those with the next highest training 4,395
level second, and so on, in descending order. Within the 4,396
respective training levels, teachers with the highest years of 4,397
service shall be counted first, the next highest years of service 4,398
second, and so on, in descending order.
(D) This division does not apply to a school district that 4,401
has entered into an agreement under division (A) of section 4,402
3313.42 of the Revised Code. Deduct the amount obtained from the 4,403
following computations if the district employs fewer than five 4,404
full-time equivalent educational service personnel, including 4,405
elementary school art, music, and physical education teachers, 4,406
counselors, librarians, visiting teachers, school social workers, 4,407
and school nurses for each one thousand pupils in the regular 4,409
student population: 4,410
(1) Divide the number of full-time equivalent educational 4,412
service personnel employed by the district by five 4,413
one-thousandths; 4,414
(2) Subtract the quotient in (1) from the district's 4,416
regular student population; 4,417
(3) Multiply the difference in (2) by ninety-four dollars. 4,419
(E) If a local school district, or a city or exempted 4,421
village school district to which a governing board of an 4,423
educational service center provides services pursuant to section 4,424
3313.843 of the Revised Code, deduct the amount of the payment 4,425
required for the reimbursement of the governing board under 4,426
section 3317.11 of the Revised Code. 4,427
99
(F)(1) If the district is required to pay to or entitled 4,429
to receive tuition from another school district under division 4,430
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 4,431
Revised Code, or if the superintendent of public instruction is 4,432
required to determine the correct amount of tuition and make a 4,433
deduction or credit under section 3317.08 of the Revised Code, 4,434
deduct and credit such amounts as provided in division (I) of 4,435
section 3313.64 or section 3317.08 of the Revised Code. 4,436
(2) For each child for whom the district is responsible 4,438
for tuition or payment under division (A)(1) of section 3317.082 4,439
or section 3323.091 of the Revised Code, deduct the amount of 4,441
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 4,443
superintendent of public instruction under section 3313.90 of the 4,444
Revised Code as not in compliance with the requirements of that 4,445
section, deduct an amount equal to ten per cent of the amount 4,446
computed for the district under section 3317.022 of the Revised 4,447
Code. 4,448
(H) If the district has received a loan from a commercial 4,451
lending institution for which payments are made by the 4,452
superintendent of public instruction pursuant to division (E)(3) 4,453
of section 3313.483 of the Revised Code, deduct an amount equal 4,454
to such payments. 4,455
(I)(1) If the district is a party to an agreement entered 4,457
into under division (D), (E), or (F) of section 3311.06 or 4,458
division (B) of section 3311.24 of the Revised Code and is 4,459
obligated to make payments to another district under such an 4,460
agreement, deduct an amount equal to such payments if the 4,461
district school board notifies the department in writing that it 4,462
wishes to have such payments deducted. 4,463
(2) If the district is entitled to receive payments from 4,465
another district that has notified the department to deduct such 4,466
payments under division (I)(1) of this section, add the amount of 4,468
such payments. 4,469
100
(J) If the district is required to pay an amount of funds 4,471
to a cooperative education district pursuant to a provision 4,472
described by division (B)(4) of section 3311.52 or division 4,473
(B)(8) of section 3311.521 of the Revised Code, deduct such 4,474
amounts as provided under that provision and credit those amounts 4,475
to the cooperative education district for payment to the district 4,476
under division (B)(1) of section 3317.19 of the Revised Code. 4,477
(K)(1) IF A DISTRICT IS EDUCATING A STUDENT ENTITLED TO 4,479
ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO A SHARED EDUCATION 4,480
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT OTHER THAN 4,481
AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 3313.842 OF THE 4,482
REVISED CODE, CREDIT TO THAT EDUCATING DISTRICT ON AN FTE BASIS 4,483
BOTH OF THE FOLLOWING:
(a) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE COST 4,485
OF DOING BUSINESS FACTOR OF THE SCHOOL DISTRICT WHERE THE STUDENT 4,486
IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 4,487
3313.65 OF THE REVISED CODE; 4,488
(b) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE STATE 4,490
SHARE PERCENTAGE TIMES ANY MULTIPLE APPLICABLE TO THE STUDENT 4,491
PURSUANT TO SECTION 3317.013 OF THE REVISED CODE. 4,492
(2) DEDUCT ANY AMOUNT CREDITED PURSUANT TO DIVISION (K)(1) 4,494
OF THIS SECTION FROM AMOUNTS PAID TO THE SCHOOL DISTRICT IN WHICH 4,495
THE STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 4,496
3313.64 OR 3313.65 OF THE REVISED CODE. 4,497
(3) IF THE DISTRICT IS REQUIRED BY A SHARED EDUCATION 4,499
CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT TO MAKE 4,500
PAYMENTS TO AN EDUCATIONAL SERVICE CENTER, DEDUCT THE AMOUNTS 4,501
FROM PAYMENTS TO THE DISTRICT AND ADD THEM TO THE AMOUNTS PAID TO 4,502
THE SERVICE CENTER PURSUANT TO SECTION 3317.11 OF THE REVISED
CODE.
Sec. 3317.024. In addition to the moneys paid to eligible 4,511
school districts pursuant to section 3317.022 of the Revised 4,513
Code, moneys appropriated for the education programs in divisions 4,514
(A) to (L), and (O) to (Q), AND (P) of this section shall be 4,516
101
distributed to school districts meeting the requirements of 4,517
section 3317.01 of the Revised Code; in the case of divisions (I) 4,518
and (J) AND, IN FISCAL YEAR 1999 ONLY, DIVISION (P)(1) of this 4,519
section, to educational service centers as provided in section 4,520
3317.11 of the Revised Code; in the case of division DIVISIONS 4,522
(E), (M), AND (N) of this section, to county MR/DD boards; in the 4,524
case of division (I) of this section, to joint vocational and 4,525
cooperative education school districts; in the case of division 4,526
(K) of this section, to cooperative education school districts; 4,528
in the case of divisions (M) and (N) of this section, to county 4,530
MR/DD boards; and in the case of division (R)(Q) of this section, 4,531
to the institutions defined under section 3317.082 of the Revised 4,532
Code providing elementary or secondary education programs to 4,533
children other than children receiving special education under 4,534
section 3323.091 of the Revised Code. The following shall be 4,535
distributed monthly, quarterly, or annually as may be determined 4,536
by the state board of education: 4,537
(A)(1) An amount for related services equal to one-eighth 4,540
of the district's total special education weight times the 4,542
formula amount times the district's state share percentage. 4,543
(2) In any fiscal year, a school district receiving funds 4,545
under this division shall spend on related services at least the 4,547
lesser of:
(a) The amount the district spent on related services in 4,550
the preceding fiscal year;
(b) The sum of the amount it receives under this division 4,553
in state funds plus an amount equal to the local share of related 4,554
services costs.
(3) As used in this division: 4,556
(a) "Local share of related services costs" equals the 4,559
amount calculated under the following formula: 4,560
[(1 minus the district's state share) X 4,562
1/8 of the district's total special education weight X 4,563
the formula amount< 4,564
102
(b) "Related services" means programs and services related 4,567
to the provision of special education to handicapped students, 4,568
and includes child study; special education supervisors and 4,569
coordinators; speech and hearing services; adaptive physical 4,570
development services; and occupational or physical therapy, as 4,571
those terms are defined by the department of education A PER 4,573
PUPIL AMOUNT TO EACH SCHOOL DISTRICT THAT ESTABLISHES A SUMMER 4,574
SCHOOL REMEDIATION PROGRAM THAT COMPLIES WITH RULES OF THE STATE 4,575
BOARD OF EDUCATION.
(B) An amount for each island school district and each 4,577
joint state school district for the operation of each high school 4,578
and each elementary school maintained within such district and 4,579
for capital improvements for such schools. Such amounts shall be 4,580
determined on the basis of standards adopted by the state board 4,581
of education. 4,582
(C) An amount for each school district operating classes 4,584
for children of migrant workers who are unable to be in 4,585
attendance in an Ohio school during the entire regular school 4,586
year. The amounts shall be determined on the basis of standards 4,587
adopted by the state board of education, except that payment 4,588
shall be made only for subjects regularly offered by the school 4,589
district providing the classes. 4,590
(D) An amount for each school district with guidance, 4,592
testing, and counseling programs approved by the state board of 4,593
education. The amount shall be determined on the basis of 4,594
standards adopted by the state board of education. 4,595
(E) An amount for the emergency purchase of school buses 4,597
as provided for in section 3317.07 of the Revised Code; 4,598
(F) An amount for each school district required to pay 4,600
tuition for a child in an institution maintained by the 4,601
department of youth services pursuant to section 3317.082 of the 4,602
Revised Code, provided the child was not included in the 4,604
calculation of the district's average daily membership for the 4,605
preceding school year.
103
(G) An amount to each school district for supplemental 4,607
salary allowances for each licensed employee except those 4,609
licensees serving as superintendents, assistant superintendents, 4,610
principals, or assistant principals, whose term of service in any 4,611
year is extended beyond the term of service of regular classroom 4,612
teachers, as described in section 3301.0725 of the Revised Code; 4,613
(H) An amount for adult basic literacy education for each 4,615
district participating in programs approved by the state board of 4,616
education. The amount shall be determined on the basis of 4,617
standards adopted by the state board of education. 4,618
(I) Notwithstanding section 3317.01 of the Revised Code, 4,620
to each city, local, and exempted village school district, an 4,621
amount pursuant to section 3301.17 of the Revised Code for 4,622
conducting driver education courses at high schools for which the 4,623
state board of education prescribes minimum standards and to 4,624
joint vocational and cooperative education school districts and 4,626
educational service centers, an amount pursuant to such section 4,627
for conducting driver education courses to pupils enrolled in a 4,628
high school for which the state board prescribes minimum 4,629
standards;
(J) An amount for the approved cost of transporting 4,631
developmentally handicapped pupils whom it is impossible or 4,632
impractical to transport by regular school bus in the course of 4,633
regular route transportation provided by the district or service 4,634
center. No district or service center is eligible to receive a 4,635
payment under this division for the cost of transporting any 4,637
pupil whom it transports by regular school bus and who is 4,638
included in the district's transportation ADM. The state board 4,639
of education shall establish standards and guidelines for use by 4,640
the department of education in determining the approved cost of 4,641
such transportation for each district or service center. 4,642
(K) An amount to each school district, including each 4,644
cooperative education school district, pursuant to section 4,645
3313.81 of the Revised Code to assist in providing free lunches 4,646
104
to needy children and an amount to assist needy school districts 4,647
in purchasing necessary equipment for food preparation. The 4,648
amounts shall be determined on the basis of rules adopted by the 4,649
state board of education. 4,650
(L) An amount to each school district, for each pupil 4,652
attending a chartered nonpublic elementary or high school within 4,653
the district. The amount shall equal the amount appropriated for 4,654
the implementation of section 3317.06 of the Revised Code divided 4,655
by the average daily membership in grades kindergarten through 4,656
twelve in nonpublic elementary and high schools within the state 4,657
as determined during the first full week in October of each 4,658
school year. 4,659
(M) An amount for each county MR/DD board, distributed on 4,662
the basis of standards adopted by the state board of education, 4,663
for the approved cost of transportation required for children 4,664
attending special education programs operated by the county MR/DD 4,665
board under section 3323.09 of the Revised Code; 4,666
(N) An amount for each county MR/DD board, distributed on 4,669
the basis of standards adopted by the state board of education, 4,670
for supportive home services for preschool children; 4,671
(O) An amount for each school district that establishes a 4,673
mentor teacher program that complies with rules of the state 4,674
board of education. No school district shall be required to 4,675
establish or maintain such a program in any year unless 4,676
sufficient funds are appropriated to cover the district's total 4,677
costs for the program.
(P) A per pupil amount to each school district that 4,679
establishes a summer school remediation program that complies 4,680
with rules of the state board of education; 4,681
(Q)(1) For fiscal year 1999 only, an amount to each school 4,684
district or educational service center for the total number of 4,685
gifted units approved pursuant to section 3317.05 of the Revised 4,686
Code. The amount for each such unit shall be the sum of the 4,687
minimum salary for the teacher of the unit, calculated on the 4,688
105
basis of the teacher's training level and years of experience 4,689
pursuant to section 3317.13 of the Revised Code, plus fifteen per 4,690
cent of that minimum salary amount, plus two thousand six hundred 4,691
seventy-eight dollars. 4,692
(2) Beginning with fiscal year 2000, an amount for each 4,694
school district for programs for gifted students calculated under 4,696
the following formula:
STATE SHARE PERCENTAGE X [.10 (THE GREATER OF 4,698
formula ADM OR THREE-YEAR AVERAGE FORMULA ADM) 4,699
multiplied by .10 (formula amount)< 4,700
No money shall be distributed to a school district under 4,702
division (Q)(P)(2) of this section in any fiscal year unless the 4,704
superintendent has on file by the first day of that year a 4,705
district plan specifying the manner in which funds will be 4,706
utilized to serve gifted students and the method for selecting 4,707
students to participate in gifted programs and activities. 4,708
(3) Prior to October 1, 1998, the general assembly shall 4,711
begin a review and revision of the funding formula for gifted 4,712
education services. The analysis and any resulting calculations
shall be based upon a rational methodology for calculating the 4,713
cost of adequate gifted education services. The analysis shall 4,714
use data generated by a study funded through the department of 4,715
education.
(R)(Q) An amount to each institution defined under section 4,718
3317.082 of the Revised Code providing elementary or secondary 4,720
education to children other than children receiving special 4,721
education under section 3323.091 of the Revised Code. This 4,722
amount for any institution in any fiscal year shall equal the 4,723
total of all tuition amounts required to be paid to the 4,724
institution under division (A)(1) of section 3317.082 of the 4,726
Revised Code.
The state board of education or any other board of 4,728
education or governing board may provide for any resident of a 4,729
district or educational service center territory any educational 4,731
106
service for which funds are made available to the board by the 4,732
United States under the authority of public law, whether such 4,733
funds come directly or indirectly from the United States or any 4,734
agency or department thereof or through the state or any agency, 4,735
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 4,745
(1) "DPIA PERCENTAGE" MEANS THE QUOTIENT OBTAINED BY 4,748
DIVIDING THE FIVE-YEAR AVERAGE NUMBER OF CHILDREN AGES FIVE TO 4,749
SEVENTEEN RESIDING IN THE SCHOOL DISTRICT AND LIVING IN A FAMILY 4,750
RECEIVING FAMILY ASSISTANCE, AS CERTIFIED OR ADJUSTED UNDER 4,751
SECTION 3317.10 OF THE REVISED CODE, BY THE DISTRICT'S THREE-YEAR 4,754
AVERAGE FORMULA ADM.
(2) "FAMILY ASSISTANCE" MEANS ASSISTANCE RECEIVED UNDER 4,756
THE OHIO WORKS FIRST PROGRAM OR, FOR THE PURPOSE OF DETERMINING 4,758
THE FIVE-YEAR AVERAGE NUMBER OF RECIPIENTS OF FAMILY ASSISTANCE 4,759
IN FISCAL YEARS 1999 THROUGH 2002, ASSISTANCE RECEIVED UNDER AN 4,760
ANTECEDENT PROGRAM KNOWN AS TANF OR ADC. 4,762
(3) "Statewide DPIA percentage" means the five-year 4,765
average of the total number of children ages five to seventeen 4,766
years residing in the state and receiving family assistance, 4,767
divided by the average of the sum of the THREE-YEAR AVERAGE 4,768
formula ADMs reported for all school districts in the state for 4,770
the current and preceding two fiscal years, provided that in 4,771
fiscal years 1999 and 2000, the department shall calculate this 4,772
three-year average utilizing district ADMs reported pursuant to 4,773
the version of division (A) of section 3317.03 of the Revised 4,775
Code in effect in fiscal years 1997 and 1998;. 4,776
(2)(4) "DPIA index" means the quotient obtained by 4,779
dividing the school district's DPIA percentage by the statewide 4,781
DPIA percentage;.
(3)(5) "Kindergarten ADM" means the number of students 4,784
reported under section 3317.03 of the Revised Code as enrolled in 4,785
kindergarten;. 4,786
(4)(6) "Kindergarten through third grade ADM" means the 4,789
107
sum obtained by multiplying AMOUNT CALCULATED AS FOLLOWS: 4,790
(a) MULTIPLY the kindergarten ADM by two, adding THE SUM 4,793
OF ONE PLUS THE ALL-DAY KINDERGARTEN PERCENTAGE; 4,794
(b) ADD THE KINDERGARTEN ADM TO THE PRODUCT CALCULATED 4,796
UNDER DIVISION (A)(6)(a) OF THIS SECTION; 4,797
(c) ADD TO THE SUM CALCULATED UNDER DIVISION (A)(6)(b) OF 4,800
THIS SECTION the number of students in grades one through three, 4,801
and subtracting;
(d) SUBTRACT FROM THE SUM CALCULATED UNDER DIVISION 4,804
(A)(6)(c) OF THIS SECTION the number of special education 4,805
students in grades one KINDERGARTEN through three;. 4,807
(5)(7) "Statewide average teacher salary" means 4,809
thirty-nine thousand ninety-two dollars, which includes an amount 4,810
for the value of fringe benefits;. 4,811
(6) "Statewide formula ADM" means the sum total of the 4,814
formula ADM for all school districts in the state; 4,815
(7)(8) "ALL-DAY KINDERGARTEN" MEANS A KINDERGARTEN CLASS 4,818
THAT IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN THE SAME 4,819
NUMBER OF CLOCK HOURS EACH DAY AS FOR PUPILS IN GRADES ONE 4,820
THROUGH SIX.
(9) "All-day kindergarten percentage" means the percentage 4,822
of a district's actual total number of students enrolled in 4,824
kindergarten who are ENROLLED in classes that are in session five 4,826
days per week for not less than the same number of clock hours 4,827
each day as for pupils in grades one through six; ALL-DAY
KINDERGARTEN. 4,828
(8)(10) "Buildings with the highest concentration of need" 4,830
means the school buildings in a district with percentages of 4,832
students receiving family assistance in grades kindergarten 4,833
through three at least as high as the district-wide percentage of 4,834
students receiving family assistance. IF, HOWEVER, THE 4,835
INFORMATION PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES UNDER 4,836
SECTION 3317.10 OF THE REVISED CODE IS INSUFFICIENT TO DETERMINE 4,839
THE FAMILY ASSISTANCE PERCENTAGE IN EACH BUILDING, "BUILDINGS 4,840
108
WITH THE HIGHEST CONCENTRATION OF NEED" HAS THE MEANING GIVEN IN 4,841
RULES THAT THE DEPARTMENT OF EDUCATION SHALL ADOPT. THE RULES 4,842
SHALL BASE THE DEFINITION OF "BUILDINGS WITH THE HIGHEST 4,843
CONCENTRATION OF NEED" ON FAMILY INCOME OF STUDENTS IN GRADES 4,844
KINDERGARTEN THROUGH THREE IN A MANNER THAT, TO THE EXTENT
POSSIBLE WITH AVAILABLE DATA, APPROXIMATES THE INTENT OF THIS 4,845
DIVISION AND DIVISION (G) OF THIS SECTION TO DESIGNATE BUILDINGS 4,847
WHERE THE FAMILY ASSISTANCE PERCENTAGE IN THOSE GRADES EQUALS OR 4,848
EXCEEDS THE DISTRICT-WIDE FAMILY ASSISTANCE PERCENTAGE. 4,849
(B) In addition to the amounts required to be paid to a 4,852
school district under section 3317.022 of the Revised Code, a 4,853
school district shall receive the greater of the amount the 4,854
district received in fiscal year 1998 pursuant to division (B) of 4,855
section 3317.023 of the Revised Code as it existed at that time 4,857
or the amount of the sum of the following computations made under 4,859
divisions (C) to (E) of this section. 4,860
(C) A supplemental payment that may be utilized for 4,862
measures related to safety and security and for remediation or 4,863
similar programs, calculated as follows: 4,864
(1) If the DPIA index of the school district is greater 4,867
than or equal to thirty-five-hundredths, but less than one, an 4,868
amount obtained by multiplying the five-year average number of 4,869
pupils in a district receiving family assistance by two hundred 4,870
thirty dollars; 4,871
(2) If the DPIA index of the school district is greater 4,874
than or equal to one, an amount obtained by multiplying the DPIA 4,876
index by two hundred thirty dollars and multiplying that product 4,877
by the five-year average number of pupils in a district receiving 4,878
family assistance. 4,879
(D) A payment for all-day kindergarten if the DPIA index 4,882
of the school district is greater than or equal to one or if the 4,883
district's three-year average formula ADM exceeded seventeen 4,884
thousand five hundred, calculated by multiplying the all-day 4,885
kindergarten percentage by the kindergarten ADM and multiplying 4,886
109
that product by the formula amount. 4,887
(E) A class-size reduction payment based on calculating 4,890
the number of new teachers necessary to achieve a lower 4,891
student-teacher ratio, as follows: 4,892
(1) Determine or calculate a formula number of teachers 4,894
per one thousand students based on the DPIA index of the school 4,896
district as follows: 4,897
(a) If the DPIA index of the school district is less than 4,900
six-tenths, the formula number of teachers is 43.478, which is 4,901
the number of teachers per one thousand students at a 4,902
student-teacher ratio of twenty-three to one; 4,903
(b) If the DPIA index of the school district is greater 4,906
than or equal to six-tenths, but less than two and one-half, the 4,907
formula number of teachers is calculated as follows: 4,908
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 4,910
Where 43.478 is the number of teachers per one thousand 4,912
students at a student-teacher ratio of twenty-three to one; 1.9 4,913
is the interval from a DPIA index of six-tenths to a DPIA index 4,916
of two and one-half; and 23.188 is the difference in the number 4,917
of teachers per one thousand students at a student-teacher ratio 4,918
of fifteen to one and the number of teachers per one thousand 4,919
students at a student-teacher ratio of twenty-three to one. 4,921
(c) If the DPIA index of the school district is greater 4,924
than or equal to two and one-half, the formula number of teachers 4,925
is 66.667, which is the number of teachers per one thousand 4,926
students at a student-teacher ratio of fifteen to one. 4,927
(2) Multiply the formula number of teachers determined or 4,929
calculated in division (E)(1) of this section by the kindergarten 4,932
through third grade ADM for the district and divide that product 4,934
by one thousand;
(3) Calculate the number of new teachers as follows: 4,937
(a) Multiply the kindergarten through third grade ADM by 4,940
43.478, which is the number of teachers per one thousand students 4,941
at a student-teacher ratio of twenty-three to one, and divide 4,942
110
that product by one thousand; 4,943
(b) Subtract the quotient obtained in division (E)(3)(a) 4,946
of this section from the product in division (E)(2) of this 4,948
section.
(4) Multiply the greater of the difference obtained under 4,950
division (E)(3) of this section or zero by the statewide average 4,952
teachers salary.
(F) This division applies only to school districts whose 4,954
DPIA index is one or greater. 4,955
(1) Each school district subject to this division shall 4,957
first utilize funds received under this section SO THAT, WHEN 4,958
COMBINED WITH OTHER FUNDS OF THE DISTRICT, SUFFICIENT FUNDS EXIST 4,959
to provide all-day kindergarten to at least the number of 4,960
children in the district's all-day kindergarten percentage. 4,961
(2) Up to an amount equal to the district's DPIA index 4,963
multiplied by the five-year average number of pupils in a 4,964
district receiving family assistance multiplied by two hundred 4,965
thirty dollars of the money distributed under this section may be 4,967
utilized for one or both of the following: 4,968
(a) Programs designed to ensure that schools are free of 4,971
drugs and violence and have a disciplined environment conducive 4,972
to learning;
(b) Remediation for students who have failed or are in 4,975
danger of failing any of the proficiency tests administered 4,976
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 4,978
section, all other funds distributed UNDER THIS SECTION to 4,979
districts subject to this division under this section shall be 4,982
utilized for the purpose of the third grade guarantee. The third 4,983
grade guarantee consists of increasing the amount of 4,985
instructional attention received per pupil in kindergarten 4,986
through third grade, either by reducing the ratio of students to 4,987
instructional personnel or by increasing the amount of 4,988
instruction and curriculum-related activities by extending the 4,989
111
length of the school day or the school year. 4,990
School districts may implement a reduction of the ratio of 4,992
students to instructional personnel through any or all of the 4,993
following methods: 4,994
(a) Reducing the number of students in a classroom taught 4,997
by a single teacher;
(b) Employing full-time educational aides or educational 5,000
paraprofessionals issued a permit or license under section 5,001
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 5,004
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 5,006
the amount of time allocated for each class, increasing the 5,007
number of classes provided per day, offering optional 5,008
academic-related after-school programs, providing 5,009
curriculum-related extra curricular activities, or establishing 5,010
tutoring or remedial services for students who have demonstrated 5,011
an educational need. In accordance with section 3319.089 of the 5,012
Revised Code, a district extending the school day pursuant to 5,013
this division may utilize a participant of the work experience 5,014
program who has a child enrolled in a public school in that 5,015
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 5,016
work experience program participant is compensated, the school 5,017
district may use the funds distributed under this section for all 5,018
or part of the compensation.
Districts may extend the school year either through adding 5,021
regular days of instruction to the school calendar or by 5,022
providing summer programs. 5,023
(G) Each district subject to division (F) of this section 5,026
shall not expend any funds received under division (E) of this 5,027
section in any school buildings that are not buildings with the 5,028
highest concentration of need, unless there is a ratio of 5,029
instructional personnel to students of no more than fifteen to 5,031
112
one in each kindergarten and first grade class in all buildings 5,032
with the highest concentration of need. THIS DIVISION DOES NOT 5,034
REQUIRE THAT THE FUNDS USED IN BUILDINGS WITH THE HIGHEST 5,035
CONCENTRATION OF NEED BE SPENT SOLELY TO REDUCE THE RATIO OF 5,036
INSTRUCTIONAL PERSONNEL TO STUDENTS IN KINDERGARTEN AND FIRST 5,037
GRADE. A SCHOOL DISTRICT MAY SPEND THE FUNDS IN THOSE BUILDINGS 5,038
IN ANY MANNER PERMITTED BY DIVISION (F)(3) OF THIS SECTION, BUT 5,039
MAY NOT SPEND THE MONEY IN OTHER BUILDINGS UNLESS THE 5,040
FIFTEEN-TO-ONE RATIO REQUIRED BY THIS DIVISION IS ATTAINED. 5,041
(H)(1) By the first day of August of each fiscal year, 5,043
each school district wishing to receive any funds under division 5,045
(D) of this section shall certify SUBMIT to the department of 5,046
education AN ESTIMATE OF its all-day kindergarten percentage. 5,048
EACH DISTRICT SHALL UPDATE ITS ESTIMATE THROUGHOUT THE FISCAL 5,050
YEAR IN THE FORM AND MANNER REQUIRED BY THE DEPARTMENT, AND THE 5,051
DEPARTMENT SHALL ADJUST PAYMENTS UNDER THIS SECTION TO REFLECT 5,052
THE UPDATES.
(2) Annually by the end of December, the department of 5,054
education, utilizing data from the information system established 5,056
under section 3301.0714 of the Revised Code and after 5,057
consultation with the legislative office of education oversight, 5,058
shall determine for each school district subject to division (F) 5,059
of this section whether in the preceding fiscal year the 5,060
district's ratio of instructional personnel to students; and its 5,061
number of kindergarten students receiving all-day kindergarten 5,062
appear reasonable, given the amounts of money the district 5,063
received for that fiscal year pursuant to divisions (D) and (E) 5,065
of this section. If the department is unable to verify from the 5,066
data available that students are receiving reasonable amounts of 5,067
instructional attention and all-day kindergarten, given the funds 5,068
the district has received under this section and that class-size 5,070
reduction funds are being used in school buildings with the 5,071
highest concentration of need as required by division (G) of this 5,073
section, the department shall conduct a more intensive 5,075
113
investigation to ensure that funds have been expended as required 5,076
by this section. The department shall file an annual report of 5,077
its findings under this division with the chairpersons of the 5,078
committees in each house of the general assembly dealing with 5,079
finance and education.
(I) Any school district with a DPIA index less than one 5,081
AND A THREE-YEAR AVERAGE FORMULA ADM EXCEEDING SEVENTEEN THOUSAND 5,084
FIVE HUNDRED SHALL FIRST UTILIZE FUNDS RECEIVED UNDER THIS 5,085
SECTION SO THAT, WHEN COMBINED WITH OTHER FUNDS OF THE DISTRICT,
SUFFICIENT FUNDS EXIST TO PROVIDE ALL-DAY KINDERGARTEN TO AT 5,086
LEAST THE NUMBER OF CHILDREN IN THE DISTRICT'S ALL-DAY 5,087
KINDERGARTEN PERCENTAGE. SUCH A DISTRICT SHALL EXPEND AT LEAST 5,088
SEVENTY PER CENT OF THE REMAINING FUNDS RECEIVED UNDER THIS 5,089
SECTION, AND ANY OTHER DISTRICT WITH A DPIA INDEX LESS THAN ONE 5,091
shall expend at least seventy per cent of the ALL funds received 5,093
under this section, for any of the following purposes: 5,096
(1) The purchase of technology for instructional purposes; 5,099
(2) All-day kindergarten; 5,101
(3) Reduction of class sizes; 5,103
(4) Summer school remediation; 5,105
(5) Dropout prevention programs; 5,107
(6) Guaranteeing that all third graders are ready to 5,110
progress to more advanced work;
(7) Summer education and work programs; 5,112
(8) Adolescent pregnancy programs; 5,114
(9) Head start or preschool programs; 5,116
(10) Reading improvement programs described by the 5,119
department of education;
(11) Programs designed to ensure that schools are free of 5,122
drugs and violence and have a disciplined environment conducive 5,123
to learning;
(12) Furnishing, free of charge, materials used in courses 5,126
of instruction, except for the necessary textbooks required to be 5,127
furnished without charge pursuant to section 3329.06 of the 5,128
114
Revised Code, to pupils living in families participating in Ohio 5,129
works first in accordance with section 3313.642 of the Revised 5,130
Code; 5,131
(13) School breakfasts provided pursuant to section 5,133
3313.813 of the Revised Code. 5,135
Each district shall submit to the department, in such 5,137
format and at such time as the department shall specify, a report 5,138
on the programs for which it expended funds under this division. 5,139
(J) If at any time the superintendent of public 5,141
instruction determines that a school district has used the 5,142
RECEIVING funds received under division (D) of this section for 5,144
any purpose other than to provide all-day kindergarten as 5,145
required under this section, or if the superintendent determines 5,146
that a school district has enrolled less than the all-day 5,147
kindergarten percentage reported for that fiscal year, the 5,148
superintendent shall withhold from the funds otherwise due a THE 5,149
district under this section the amount of the funds spent in 5,150
violation of this section or a proportional amount of the funds 5,152
as determined by the difference in the certified all-day
kindergarten percentage and the percentage actually enrolled in 5,153
all-day kindergarten. 5,154
The superintendent shall also withhold an appropriate 5,156
amount of funds otherwise due a district for any other misuse of 5,157
funds not in accordance with this section. 5,158
Sec. 3317.0212. Divisions (B) and (C) of this section do 5,167
not apply to a school district with a formula ADM of one humdred 5,169
HUNDRED fifty or less.
(A) As used in this section: 5,171
(1) "Fundamental FY 1997 STATE AID" OR "FUNDAMENTAL FY 5,174
1998 state aid" for a district means the total amount of state 5,175
money received by the district under sections 3317.022 and 5,176
3317.023 of the Revised Code before any deductions required by 5,178
division (G), (J), (K), or (L) of section 3317.023 of the Revised 5,180
Code, plus any amounts for which the district was eligible 5,181
115
pursuant to divisions (M), (N), and (O) of section 3317.024 and 5,182
sections 3317.0212 and 3317.0213 of the Revised Code, as those 5,184
divisions and sections existed in fiscal year 1998, plus the 5,185
district's share of state funds for service center units IN THE 5,187
APPLICABLE FISCAL YEAR AS REPORTED ON THE DEPARTMENT OF 5,188
EDUCATION'S FORM "SF-12," ADJUSTED AS FOLLOWS: 5,190
(a) MINUS THE AMOUNT FOR TRANSPORTATION; 5,192
(b) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 5,195
UNITS;
(c) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 5,198
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 5,200
REVISED CODE; 5,201
(d) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 5,203
EDUCATIONAL SERVICE CENTER; 5,204
(e) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 5,206
DISTRIBUTED IN THE APPLICABLE FISCAL YEAR TO OTHER SCHOOL 5,207
DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, 5,208
OTHER THAN PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, 5,209
ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO 5,211
STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;
(f) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 5,213
DISTRIBUTED TO THE SCHOOL DISTRICT IN THE APPLICABLE FISCAL YEAR 5,214
FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR 5,215
GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING 5,216
SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN 5,217
ANOTHER SCHOOL DISTRICT; 5,218
(g) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 5,221
FISCAL YEAR PURSUANT TO THE VOCATIONAL EDUCATION RECOMPUTATION 5,222
REQUIRED BY SECTION 45.12 OF AM. SUB. H.B. NO. 117 OF THE 121st 5,228
GENERAL ASSEMBLY OR FORMER SECTION 50.22 OF AM. SUB. H.B. NO. 215 5,233
OF THE 122nd GENERAL ASSEMBLY; 5,234
(h) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE 5,237
FISCAL YEAR PURSUANT TO THE SPECIAL EDUCATION RECOMPUTATION 5,238
REQUIRED BY FORMER DIVISION (I) OF SECTION 3317.023 OF THE 5,240
116
REVISED CODE; 5,241
(i) PLUS ANY AMOUNT PAID FOR EQUITY AID IN THE APPLICABLE 5,244
FISCAL YEAR UNDER SECTION 3317.0213 OF THE REVISED CODE. 5,246
(2) "Enhanced FY 1998 state aid" for a district means its 5,249
fundamental FY 1998 state aid plus any amounts for which the 5,250
district was eligible pursuant to division (K) of section 5,252
3317.024 of the Revised Code, as that division existed in fiscal 5,253
year 1998. 5,254
(3) "State basic aid" for a district in any fiscal year 5,256
after FISCAL YEAR 1998 means the SUM OF THE FOLLOWING: 5,258
(a) THE amount computed for the district for basic formula 5,260
aid and special education aid FUNDING under divisions (A) and 5,263
(C)(1) of section 3317.022 AND SECTIONS 3317.025 TO 3317.028 of 5,264
the Revised Code and DPIA aid under section 3317.029 of the 5,266
Revised Code in the current fiscal year but after BEFORE any 5,267
deduction OR CREDIT required by division (B), (D), (E), (F), (G), 5,269
(H), (I), (J), OR (K) of section 3317.023 OR DIVISION (J) OF 5,270
SECTION 3317.029 of the Revised Code, plus any; 5,272
(b) ANY amounts for which the district is eligible 5,275
pursuant to DIVISION (C) OF SECTION 3317.023, divisions (G) and 5,277
(Q)(P) of section 3317.024, AND DIVISION (B) OF SECTION 3317.162 5,278
of the Revised Code, plus any amounts; 5,279
(c) ANY EQUITY AID for which the district is eligible 5,282
under section 3317.0213 of the Revised Code.
(4) "FY 1998 ADM" for a district means the district's 5,286
average daily membership as described by division (A) of section 5,287
3317.02 of the Revised Code, for fiscal year 1998, plus the 5,289
district's average daily membership based upon full-time
equivalency in approved vocational units as certified by the 5,291
district in fiscal year 1998 under division (A)(2) of section 5,293
3317.03 of the Revised Code and the district's average daily 5,295
membership of all handicapped children, except for preschool
handicapped children, in classes in the district as certified in 5,296
fiscal year 1998 under division (A)(3) of section 3317.03 of the 5,298
117
Revised Code, as those divisions and sections existed in fiscal 5,299
year 1998.
(5) "District's share of state funds for service center 5,301
units" means an estimated portion of the state money distributed 5,302
to educational service centers for approved units in fiscal year 5,303
1998 attributable to the costs of providing services in such 5,304
units to students, other than preschool handicapped students, 5,305
residing in the district.
(6) "Fundamental FY 1997 state aid" for a district means 5,307
the total amount of state money received by the district under 5,309
sections 3317.022 and 3317.023 of the Revised Code before any 5,310
deductions required by division (G), (J), (K), or (L) of section 5,311
3317.023 of the Revised Code, plus any amounts for which the 5,312
district was eligible pursuant to divisions (M), (N), and (O) of 5,313
section 3317.024 and sections 3317.0212 and 3317.0213 of the 5,314
Revised Code, as those divisions and sections existed in fiscal 5,316
year 1997, plus the district's share of state funds for service
center units. 5,317
(B) UPON REQUEST OF THE DEPARTMENT OF EDUCATION, THE 5,319
TREASURER OF ANY SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER 5,320
SHALL FURNISH DATA NEEDED TO CALCULATE THE AMOUNTS SPECIFIED IN 5,321
DIVISIONS (A)(1)(e) AND (f) OF THIS SECTION. The department of 5,322
education shall compute the state basic aid guarantee for each 5,324
school district for the fiscal year as follows: 5,325
(1) Subtract the amount of state basic aid from the amount 5,328
of fundamental FY 1998 state aid. If a negative number, this 5,329
computation shall be deemed to be zero;. 5,330
(2) Compute the following amounts: 5,332
(a) Formula ADM X (state basic aid/formula ADM); 5,335
(b) Formula THE GREATER OF FORMULA ADM OR THREE-YEAR 5,337
AVERAGE FORMULA ADM X (fundamental FY 1998 state aid/FY 1998 5,340
ADM).
(3) If the amount computed under division (B)(2)(b) of 5,343
this section is greater than the amount computed under division
118
(B)(2)(a) of this section, determine the amount by which it is 5,345
greater. If the amount computed under division (B)(2)(b) of this 5,346
section is not greater than the amount computed under division 5,347
(B)(2)(a) of this section, this computation shall be deemed to be 5,348
zero.
(4) Except as provided in division (C) of this section, 5,351
the department shall determine for each district the lesser of 5,352
the amounts computed in divisions (B)(1) and (2)(3) of this 5,354
section and, if greater than zero, pay the district that amount. 5,356
(C)(1) In fiscal year 1999, if a district's amount under 5,359
division (B)(4) of this section is zero, the department shall 5,360
determine CALCULATE for each such district the following: 5,362
(2) Add to SUM OF the district's state basic aid for 5,364
fiscal year 1999 the sum of PLUS the transportation portion of 5,366
state aid computed under division (D) of section 3317.022 of the 5,369
Revised Code for the district for fiscal year 1999; 5,370
(3). If a district's enhanced FY 1998 state aid is greater 5,373
than the district's amount calculated in division (C)(2) of this 5,375
section THAT SUM, then the department shall pay the district IN 5,376
FISCAL YEAR 1999 one hundred per cent of the difference OR THE 5,377
AMOUNT REQUIRED BY DIVISION (B)(4) OF THIS SECTION, WHICHEVER IS 5,378
GREATER.
(D)(1) The state basic aid guarantee in any fiscal year 5,380
for a school district with a formula ADM of one hundred fifty or 5,381
less shall be the greatest of the following amounts: 5,382
(a) The district's state basic aid for the fiscal year; 5,384
(b) The district's fundamental FY 1998 state aid; 5,386
(c) The district's fundamental FY 1997 state aid; 5,388
(2) If in any fiscal year the state basic aid for a school 5,390
district with a formula ADM of one hundred fifty or less is less 5,391
than the guarantee amount determined for the district under 5,392
division (D)(1) of this section, the department of education 5,393
shall pay the district the amount of the difference. 5,394
Sec. 3317.0213. No money shall be distributed under this 5,403
119
section after fiscal year 2001. 5,404
(A) As used in this section: 5,406
(1) "ADM" for any school district means: 5,408
(a) In fiscal year 1999, the average daily membership 5,411
reported in fiscal year 1998 under division (A) of section 5,412
3317.03 of the Revised Code as that section existed in fiscal 5,413
year 1998, less one-half of the kindergarten students, less 5,414
three-quarters of the students enrolled in a joint vocational 5,415
school district, and less any students enrolled in preschool 5,416
handicapped units approved under division (E) of section 3317.05 5,417
of the Revised Code, as that section existed in fiscal year FY 5,419
1998 ADM;
(b) In fiscal years 2000 and 2001, the formula ADM 5,421
reported for the previous fiscal year. 5,422
(2) "Average taxable value" means the average of the 5,425
amounts certified for a district in the second, third, and fourth 5,426
preceding fiscal years under divisions (A)(1) and (2) of section 5,427
3317.021 of the Revised Code.
(3)(a) "Valuation per pupil" for a district in MEANS: 5,429
(a) IN fiscal year 1999 means, the district's average 5,433
taxable value, divided by the district's average daily membership 5,435
for fiscal year 1998, as described in division (A)(1)(a) of this 5,436
section. FY 1998 ADM; 5,437
(b) "Valuation per pupil" for a district in IN a fiscal 5,439
year that occurs after fiscal year 1999 means, the district's 5,440
average taxable value, divided by the district's formula ADM for 5,443
the preceding fiscal year.
(4) "Threshold valuation" means: 5,445
(a) In fiscal year 1999, the adjusted valuation per pupil 5,448
of the school district with the two hundred twenty-ninth lowest 5,449
adjusted valuation per pupil in the state, according to data 5,451
available at the time of the computation under division (B) of 5,452
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 5,454
120
of the district with the one hundred sixty-third lowest such 5,456
valuation in the state;
(c) In fiscal year 2001, the adjusted valuation per pupil 5,458
of the district with the one hundred eighteenth lowest such 5,459
valuation in the state. 5,460
(5) "Adjusted valuation per pupil" for a district means an 5,462
amount calculated in accordance with the following formula: 5,463
The district's valuation per pupil - 5,465
($30,000 X (one minus the district's income factor)) 5,466
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 5,468
fiscal year 2000, and .010 in fiscal year 2001. 5,469
(B) Beginning in fiscal year 1993, during August of each 5,471
fiscal year, the department of education shall distribute to each 5,472
school district meeting the requirements of section 3317.01 of 5,473
the Revised Code whose adjusted valuation per pupil is less than 5,474
the threshold valuation, an amount calculated in accordance with 5,475
the following formula: 5,476
(The threshold valuation - the district's 5,478
adjusted valuation per pupil) 5,479
X millage rate X ADM 5,480
Sec. 3317.0214. As used in this section, "average taxable 5,490
value" has the same meaning as in division (A)(2) of section 5,492
3317.0213 of the Revised Code.
Beginning in fiscal year 1993, during each August, the 5,494
department of education ANNUALLY shall distribute to each school 5,495
district with a formula ADM less than one thousand and an average 5,497
taxable value equal to or less than eighty-five thousand dollars 5,498
per pupil in formula ADM, an amount equal to fifty dollars 5,500
multiplied by any amount by which one thousand exceeds the 5,501
district's formula ADM. 5,502
Sec. 3317.0215. (A) As used in this section, "total: 5,511
(1) "TOTAL effective operating tax rate" has MEANS the 5,514
same meaning as in AMOUNT CERTIFIED UNDER DIVISION (A)(5) OF 5,515
section 3317.021 of the Revised Code, and "equalized. 5,517
121
(2) "EQUALIZED tax rate" of a school district means the 5,520
amount by which a district's total effective operating tax rate
exceeds two and three-tenths per cent. 5,521
(3) "STATE TAXABLE VALUE PER PUPIL" MEANS THE QUOTIENT 5,524
OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF ALL CITY, LOCAL, 5,525
AND EXEMPTED VILLAGE SCHOOL DISTRICTS IN THE STATE BY THE SUM OF 5,526
THE FORMULA ADMs OF ALL CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 5,527
DISTRICTS IN THE STATE. 5,528
(4) "DISTRICT'S TAXABLE VALUE PER PUPIL" MEANS THE 5,530
QUOTIENT OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF THE 5,531
SCHOOL DISTRICT BY ITS FORMULA ADM. 5,532
(B) Upon receiving the certifications under division (A) 5,535
of section 3317.021 of the Revised Code, the department of 5,536
education shall determine the equalized tax rate for each city, 5,537
local, and exempted village school district. If the total 5,538
effective operating tax rate of a district is greater than two 5,539
and three-tenths per cent, the district shall receive a payment 5,540
computed by multiplying the lesser of two-tenths of one per cent 5,541
or the equalized tax rate by the amount by which the state 5,542
taxable value per pupil exceeds the district's total taxable 5,544
value per pupil TIMES THE DISTRICT'S FORMULA ADM. 5,545
Sec. 3317.0216. (A) As used in this section: 5,554
(1) "Total taxes charged and payable for current expenses" 5,557
means the sum of the taxes charged and payable as certified under 5,558
division (A)(3) of section 3317.021 of the Revised Code, and the 5,560
tax liability for the preceding year under any school district 5,561
income tax levied by the district pursuant to Chapter 5748. of 5,562
the Revised Code to the extent the revenue from the income tax is 5,563
allocated or apportioned to current expenses. 5,564
(2) "State equalization enhancement payments" means any 5,566
payment made to a school district pursuant to section 3317.0215 5,567
of the Revised Code for the preceding fiscal year. 5,568
(3) "Charge-off amount" means the product obtained by 5,570
multiplying two and three-tenths per cent by adjusted total 5,571
122
taxable value. 5,572
(4) "Local share percentage" means a percentage equal to 5,575
one minus the state share percentage.
(5) "Total receipts available for current expenses" of a 5,578
school district means the sum of total taxes charged and payable 5,579
for current expenses and the district's state equalization
enhancement payments. 5,580
(6)(5) "Local share of special education expenses" means 5,582
the district's local share percentage X the formula amount for 5,584
the year for which the aid is calculated X the district's total 5,585
special education weight.
(7) "State share percentage" and "total special education 5,587
weight" have the same meanings AND RELATED SERVICES ADDITIONAL 5,588
WEIGHTED COSTS" HAS THE SAME MEANING as in DIVISION (C)(3) OF 5,590
section 3317.022 of the Revised Code.
(B) Upon receiving the certifications under section 5,592
3317.021 of the Revised Code, the department of education shall 5,593
determine for each city, local, and exempted village school 5,595
district whether the district's charge-off amount is greater than 5,596
the district's total receipts available for current expenses, and 5,597
if it is, shall pay the district the amount of the difference. A 5,598
payment shall not be made to any school district for which the 5,599
computation under division (A) of section 3317.022 of the Revised 5,600
Code equals zero. 5,601
(C)(1) If a district's charge-off amount is equal to or 5,603
greater than its total receipts available for current expenses, 5,604
the department shall, in addition to the payment required under 5,605
division (B) of this section, pay the district the amount of the 5,606
local share of special education expenses. 5,607
(2) If a district's charge-off amount is less than its 5,609
total receipts available for current expenses, the department 5,610
shall pay the district the difference between the ANY AMOUNT BY 5,611
WHICH ITS local share of special education expenses and the 5,614
amount by which the district's AND RELATED SERVICES ADDITIONAL 5,615
123
WEIGHTED COSTS EXCEEDS ITS total receipts available for current 5,616
expenses exceeds MINUS its charge-off amount. 5,617
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 5,627
and (C) of this section, any student enrolled in kindergarten 5,628
more than half time shall be reported as one-half student under 5,629
this section.
(A) The superintendent of each city and exempted village 5,632
school district and of each educational service center shall, for 5,633
the schools under the superintendent's supervision, certify to 5,634
the state board of education on or before the fifteenth day of 5,635
October in each year for the first full school week in October 5,636
the formula ADM, which shall consist of the average daily 5,637
membership during such week of the sum of the following: 5,638
(1) On an FTE basis, the number of students in grades 5,641
kindergarten through twelve receiving any educational services 5,642
from the district, except that the following categories of 5,643
students shall not be included in the determination: 5,644
(a) Students enrolled in adult education classes; 5,646
(b) Adjacent or other district students enrolled in the 5,648
district under an open enrollment policy pursuant to section 5,649
3313.98 of the Revised Code; 5,650
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 5,652
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 5,653
WHO ARE ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO 5,654
SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;
(d) Students for whom tuition is payable pursuant to 5,657
sections 3317.081 and 3323.141 of the Revised Code. 5,658
(2) On an FTE basis, the number of students entitled to 5,661
attend school in the district pursuant to section 3313.64 or 5,662
3313.65 of the Revised Code, but receiving educational services 5,664
in grades kindergarten through twelve from one or more of the
following entities: 5,665
(a) A community school pursuant to Chapter 3314. of the 5,668
Revised Code or Section 50.52 of Amended Substitute House Bill 5,669
124
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 5,671
3313.979 of the Revised Code as described in division (I)(2)(a) 5,673
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 5,675
Code;
(d) An adjacent or other school district under an open 5,678
enrollment policy adopted pursuant to section 3313.98 of the 5,679
Revised Code; 5,680
(e) An educational service center or cooperative education 5,683
district;
(f) Another school district under a cooperative education 5,686
agreement, COMPACT, OR CONTRACT.
(3) One-fourth of the number of students enrolled both in 5,688
a joint vocational school district and in the district, but who 5,689
are not receiving regular education services in the school 5,690
district.
(B) To enable the department of education to obtain the 5,693
data needed to complete the calculation of payments pursuant to 5,694
this chapter, in addition to the formula ADM, each superintendent 5,696
shall report separately the following student counts: 5,697
(1) The total average daily membership in regular day 5,699
classes included in the report under division (A)(1) or (2) of 5,700
this section for kindergarten, and each of grades one through 5,701
twelve in schools under the superintendent's supervision; 5,703
(2) The average daily membership of all handicapped 5,705
preschool children included in a unit approved for the district 5,706
under section 3317.05 of the Revised Code, in accordance with 5,707
rules adopted under that section; 5,708
(3) The number of children entitled to attend school in 5,710
the district pursuant to section 3313.64 or 3313.65 of the 5,711
Revised Code who are participating in a pilot project scholarship 5,713
program established under sections 3313.974 to 3313.979 of the 5,714
Revised Code as described in division (I)(2)(a) or (b) of this 5,716
125
section, are enrolled in a college under Chapter 3365. of the 5,717
Revised Code, are enrolled in an adjacent or other school 5,718
district under section 3313.98 of the Revised Code, are enrolled 5,719
in a community school established under Chapter 3314. of the 5,721
Revised Code or Section 50.52 of Amended Substitute House Bill 5,722
No. 215 of the 122nd general assembly, or are participating in a 5,723
program operated by a county MR/DD board or a state institution; 5,725
(4) The number of pupils enrolled both in schools under 5,727
the superintendent's supervision and in joint vocational schools, 5,729
but who are not in regular day classes in the school district; 5,730
(5) The average daily membership of handicapped children 5,733
reported under division (A)(1) or (2) of this section receiving 5,734
category one special education services, described in division 5,735
(A) of section 3317.013 of the Revised Code; 5,736
(6) The average daily membership of handicapped children 5,738
reported under division (A)(1) or (2) of this section receiving 5,739
category two special education services, described in division 5,740
(B) of section 3317.013 of the Revised Code; 5,741
(7) The average daily membership of handicapped children 5,743
reported under division (A)(1) or (2) of this section identified 5,745
as having any of the handicaps specified in division (F)(3) of 5,746
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 5,748
division (A)(1) or (2) of this section enrolled in vocational 5,750
education programs or classes operated by the school district or 5,751
by another district other than a joint vocational school district
or by an educational service center; 5,752
(9) The average number of children transported by the 5,754
school district ON BOARD-OWNED OR CONTRACTOR-OWNED AND OPERATED 5,755
BUSES, reported in accordance with rules adopted by the 5,757
department of education.
(C) Except as otherwise provided in this section for 5,759
kindergarten students, the average daily membership in divisions 5,760
(B)(1) to (8) of this section shall be based upon the number of 5,762
126
full-time equivalent students. The state board of education 5,763
shall adopt rules defining full-time equivalent students and for 5,764
determining the average daily membership therefrom for the 5,766
purposes of divisions (A) and (B) of this section. No child 5,767
shall be counted as more than a total of one child in the sum of 5,769
the average daily memberships of a school district under division 5,770
(A) or under divisions (B)(1) to (8) of this section. Based on 5,771
the information reported under this section, the department of 5,772
education shall determine the total student count, as defined in 5,773
section 3301.011 of the Revised Code, for each school district. 5,774
(D) The superintendent of each joint vocational and 5,776
cooperative education school district shall certify to the 5,778
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable average daily 5,779
memberships for all students in the joint vocational or 5,781
cooperative education school district, also indicating the city, 5,782
local, or exempted village school district of residence for each 5,783
pupil.
(E) In each school of each city, local, exempted village, 5,785
joint vocational, and cooperative education school district there 5,786
shall be maintained a record of school membership, which record 5,787
shall accurately show, for each day the school is in session, the 5,788
actual membership enrolled in regular day classes. For the 5,789
purpose of determining average daily membership, the membership 5,790
figure of any school shall not include any pupils except those 5,791
pupils described by division (A) of this section. The record of 5,793
membership for each school shall be maintained in such manner 5,794
that no pupil shall be counted as in membership prior to the 5,795
actual date of entry in the school and also in such manner that 5,796
where for any cause a pupil permanently withdraws from the school 5,797
that pupil shall not be counted as in membership from and after 5,799
the date of such withdrawal. There shall not be included in the 5,800
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 5,803
127
a public high school;
(2) Any pupil who is not a resident of the state; 5,805
(3) Any pupil who was enrolled in the schools of the 5,808
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 5,809
not take one or more of the tests required by that section and 5,810
was not excused pursuant to division (C)(1) of that section; 5,811
(4) Any pupil who has attained the age of twenty-two 5,813
years, except for the following: 5,814
(a) Persons suffering from tuberculosis and receiving 5,816
treatment in any approved state, county, district, or municipal 5,817
tuberculosis hospital who have not graduated from the twelfth 5,818
grade of a public high school; 5,819
(b) Veterans of the armed services whose attendance was 5,821
interrupted before completing the recognized twelve-year course 5,822
of the public schools by reason of induction or enlistment in the 5,823
armed forces and who apply for reenrollment in the public school 5,824
system of their residence not later than four years after 5,825
termination of war or their honorable discharge. 5,826
If, however, any veteran described by division (E)(4)(b) of 5,829
this section elects to enroll in special courses organized for 5,830
veterans for whom tuition is paid under the provisions of federal 5,831
laws, or otherwise, that veteran shall not be included in average 5,833
daily membership.
Notwithstanding division (E)(3) of this section, the 5,835
membership of any school may include a pupil who did not take a 5,836
test required by section 3301.0711 of the Revised Code if the 5,837
superintendent of public instruction grants a waiver from the 5,838
requirement to take the test to the specific pupil. The 5,839
superintendent may grant such a waiver only for good cause in 5,840
accordance with rules adopted by the state board of education. 5,841
The average daily membership figure of any local, city, or 5,843
exempted village school district shall be determined by dividing 5,844
the figure representing the sum of the number of pupils enrolled 5,845
128
during each day the school of attendance is actually open for 5,846
instruction during the first full school week in October by the 5,848
total number of days the school was actually open for instruction 5,849
during that week. For purposes of state funding, "enrolled" 5,850
persons are only those pupils who are attending school, those who 5,851
have attended school during the current school year and are 5,852
absent for authorized reasons, and those handicapped children 5,853
currently receiving home instruction. 5,854
The average daily membership figure of any joint vocational 5,856
or cooperative education school district shall be determined in 5,857
accordance with rules adopted by the state board of education. 5,858
(F)(1) If the formula ADM for the first full school week 5,861
in February is at least three per cent greater than that 5,862
certified for the first full school week in the preceding 5,863
October, the superintendent of schools of any city or exempted 5,864
village school district or educational service center shall 5,865
certify such increase to the superintendent of public 5,866
instruction. Such certification shall be submitted no later than 5,867
the fifteenth day of February. For the balance of the fiscal 5,868
year, beginning with the February payments, the superintendent of 5,869
public instruction shall use the increased formula ADM in 5,871
calculating or recalculating the amounts to be allocated in
accordance with section 3317.022 of the Revised Code. In no 5,874
event shall the superintendent use an increased membership 5,875
certified to the superintendent after the fifteenth day of 5,876
February.
(2) If during the first full school week in February the 5,878
total number of units for preschool handicapped PRESCHOOL 5,880
children that are eligible for approval under division (B) of 5,881
section 3317.05 of the Revised Code exceeds the number of such 5,882
units that have been approved for the year under such division, 5,883
the superintendent of schools of any city, exempted village, or 5,885
cooperative education school district or educational service 5,886
center shall make the certifications required by this section for 5,887
129
such week. If the state board of education determines additional 5,888
units can be approved for the fiscal year within any limitations 5,889
set forth in the acts appropriating moneys for the funding of 5,890
such units, the board shall approve additional units for the 5,891
fiscal year on the basis of such average daily membership. For 5,892
each unit so approved, the department of education shall pay an 5,893
amount computed in the manner prescribed in section 3317.161 or 5,895
3317.19 AND SECTION 3317.162 of the Revised Code.
(3) If during the first full school week in February the 5,897
total number of special education units that are eligible for 5,898
approval under division (D)(1) of section 3317.05 of the Revised 5,899
Code for a joint vocational school district exceeds the number of 5,900
those units that have been approved for the year under that 5,901
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 5,902
state board of education determines additional units can be 5,903
approved for the fiscal year within any limitations set forth in 5,904
the acts appropriating moneys for the funding of such units, the 5,905
state board shall approve additional units for the fiscal year on 5,906
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 5,907
computed in the manner prescribed by section 3317.16 of the 5,908
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 5,910
special education program pursuant to section 3323.091 of the 5,911
Revised Code shall, for the programs under such superintendent's 5,913
supervision, certify to the state board of education the average 5,914
daily membership of all handicapped children in classes or 5,915
programs approved annually by the state board of education, in 5,916
the manner prescribed by the superintendent of public 5,917
instruction.
(b) The superintendent of an institution with vocational 5,920
education units approved under division (A) of section 3317.05 of 5,921
the Revised Code shall, for the units under the superintendent's 5,923
130
supervision, certify to the state board of education the average 5,924
daily membership in those units, in the manner prescribed by the 5,925
superintendent of public instruction. 5,926
(2) The superintendent of each county MR/DD board that 5,928
maintains special education classes or units approved by the 5,929
state board of education pursuant to section 3317.05 of the 5,931
Revised Code shall do both of the following: 5,932
(a) Certify to the state board, in the manner prescribed 5,935
by the board, the average daily membership in classes and units 5,936
approved under division (D)(1) of section 3317.05 of the Revised 5,937
Code for each school district that has placed children in the 5,938
classes or units;
(b) Certify to the state board, in the manner prescribed 5,940
by the board, the average daily membership in preschool 5,942
handicapped units approved under division (B) of section 3317.05 5,944
of the Revised Code.
(3) If during the first full school week in February the 5,946
average daily membership of the classes or units maintained by 5,947
the county MR/DD board that are eligible for approval under 5,948
division (D)(1) of section 3317.05 of the Revised Code is greater 5,950
than the average daily membership for the preceding October, the 5,951
superintendent of the board shall make the certifications 5,952
required by this section for such week and, if during the first 5,954
full school week in February the average daily membership of the 5,955
units maintained by the county MR/DD board that are eligible for 5,956
approval under division (B) of section 3317.05 of the Revised 5,957
Code is greater than the average daily membership for the 5,958
preceding October, the superintendent shall certify the average 5,959
daily membership for the first full school week in February for 5,960
such units to the state board of education. If the state board 5,961
determines that additional classes or units can be approved for 5,962
the fiscal year within any limitations set forth in the acts 5,963
appropriating moneys for the funding of such classes and units, 5,964
the board shall approve and fund additional units for the fiscal 5,965
131
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 5,966
computed in the manner prescribed in section SECTIONS 3317.161 5,968
AND 3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 5,971
when any city, local, or exempted village school district 5,972
provides instruction for a nonresident pupil whose attendance is 5,973
unauthorized attendance as defined in section 3327.06 of the 5,974
Revised Code, that pupil's membership shall not be included in 5,975
that district's membership figure used in the calculation of that 5,976
district's formula ADM or included in the determination of any 5,977
unit approved for the district under section 3317.05 of the 5,978
Revised Code. The reporting official shall report separately the 5,979
average daily membership of all pupils whose attendance in the 5,980
district is unauthorized attendance, and the membership of each 5,981
such pupil shall be credited to the school district in which the 5,982
pupil is entitled to attend school under division (B) of section 5,983
3313.64 or section 3313.65 of the Revised Code as determined by 5,984
the department of education. 5,985
(I)(1) A school district admitting a scholarship student 5,987
of a pilot project district pursuant to division (C) of section 5,988
3313.976 of the Revised Code may count such student in its 5,989
average daily membership.
(2) In any year for which funds are appropriated for pilot 5,991
project scholarship programs, a school district implementing a 5,992
state-sponsored pilot project scholarship program that year 5,993
pursuant to sections 3313.974 through 3313.979 of the Revised 5,995
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 5,997
scholarship to attend kindergarten in any alternative school, as 5,998
defined in division (A)(9) of section 3313.974 of the Revised 5,999
Code;
(b) All children who were enrolled in the district in the 6,001
preceding year who are utilizing a scholarship to attend any such 6,002
132
alternative school. 6,003
Sec. 3317.05. (A) For the purpose of calculating payments 6,013
under sections 3317.16 and, 3317.161, AND 3317.162 of the Revised 6,015
Code, the state board of education shall determine for each joint 6,016
vocational school district and institution, by the last day of 6,017
January of each year and based on information certified under 6,018
section 3317.03 of the Revised Code, the number of vocational 6,020
education units or fractions of units approved by the state board 6,021
on the basis of standards and rules adopted by the state board. 6,022
As used in this division, "institution" means an institution 6,023
operated by a department specified in section 3323.091 of the 6,024
Revised Code and that provides vocational education programs 6,025
under the supervision of the division of vocational education of 6,026
the department of education that meet the standards and rules for 6,027
these programs, including licensure of professional staff 6,028
involved in the programs, as established by the state board of 6,029
education.
(B) For the purpose of calculating payments under sections 6,032
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 6,033
Code, the state board shall determine, based on information 6,035
certified under section 3317.03 of the Revised Code, the 6,036
following by the last day of January of each year for each 6,037
educational service center, for each school district, including 6,038
each cooperative education school district, for each institution 6,039
eligible for payment under section 3323.091 of the Revised Code, 6,041
and for each county MR/DD board: the number of classes operated 6,042
by the school district, service center, institution, or county 6,043
MR/DD board for handicapped preschool children, or fraction 6,045
thereof, including in the case of a district or service center 6,046
that is a funding agent, classes taught by a licensed teacher 6,047
employed by that district or service center under section
3313.841 of the Revised Code, approved annually by the state 6,048
board on the basis of standards and rules adopted by the state 6,050
board.
133
(C) For the purpose of calculating payments under sections 6,052
3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised 6,054
Code, the state board shall determine, based on information 6,055
certified under section 3317.03 of the Revised Code, the 6,057
following by the last day of January of each year for each school 6,059
district, including each cooperative education school district, 6,060
for each institution eligible for payment under section 3323.091 6,061
of the Revised Code, and for each county MR/DD board: the number 6,062
of preschool handicapped related services units for child study, 6,063
occupational, physical, or speech and hearing therapy, special 6,064
education supervisors, and special education coordinators 6,065
approved annually by the state board on the basis of standards 6,067
and rules adopted by the state board.
(D) For the purpose of calculating payments under sections 6,070
3317.16 and, 3317.161, AND 3317.162 of the Revised Code, the 6,072
state board shall determine, based on information certified under 6,073
section 3317.03 of the Revised Code, the following by the last 6,074
day of January of each year for each joint vocational school 6,075
district, for each institution eligible for payment under section 6,076
3323.091 of the Revised Code, and for each county MR/DD board: 6,077
(1) The number of classes operated by a joint vocational 6,079
school district, institution, or county MR/DD board for 6,081
handicapped children other than handicapped preschool children, 6,082
or fraction thereof, approved annually by the state board on the 6,084
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 6,086
other than handicapped preschool children for child study, 6,087
occupational, physical, or speech and hearing therapy, special 6,088
education supervisors, and special education coordinators 6,089
approved annually by the state board on the basis of standards 6,091
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 6,093
section shall be carried to the second decimal place. The total 6,094
number of units for school districts, service centers, and 6,096
134
institutions approved annually by the state board under this 6,097
section shall not exceed the number of units included in the 6,098
state board's estimate of cost for these units and appropriations 6,100
made for them by the general assembly. 6,101
In the case of units described in division (D)(1) of this 6,104
section operated by county MR/DD boards and institutions eligible 6,106
for payment under section 3323.091 of the Revised Code, the state 6,107
board shall approve only units for persons who are under age 6,108
twenty-two on the first day of the academic year, but not less 6,109
than six years of age on the thirtieth day of September of that 6,110
year, except that such a unit may include one or more children 6,111
who are under six years of age on the thirtieth day of September 6,112
if such children have been admitted to the unit pursuant to rules 6,113
of the state board. In the case of handicapped preschool units 6,114
described in division (B) of this section operated by county 6,116
MR/DD boards and institutions eligible for payment under section 6,117
3323.091 of the Revised Code, the state board shall approve only 6,118
preschool units for children who are under age six but not less 6,119
than age three on the thirtieth day of September of the academic 6,120
year, except that such a unit may include one or more children 6,121
who are under age three or are age six or over on the thirtieth 6,122
day of September if such children have been admitted to the unit 6,123
pursuant to rules of the state board of education. The number of 6,124
units for county MR/DD boards and institutions eligible for 6,126
payment under section 3323.091 of the Revised Code approved by 6,127
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 6,128
the general assembly. 6,129
No unit shall be approved under divisions (B) to (D) of 6,132
this section unless a plan has been submitted and approved under 6,133
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the department shall 6,135
approve units or fractions thereof for gifted children on the 6,136
basis of standards and rules adopted by the board. 6,137
135
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 6,146
and 3317.11 of the Revised Code, a unit funded pursuant to 6,147
division (Q)(P)(1) of section 3317.024 or division (A)(2) of 6,149
section 3317.161 of the Revised Code shall not be approved for
state funding in one school district, including any joint 6,151
vocational or cooperative education school district or any 6,152
educational service center, to the extent that such unit provides 6,153
programs in or services to another district which receives 6,154
payment pursuant to section 3317.04 of the Revised Code. 6,155
(2) Any city, local, exempted village, or cooperative 6,158
education school district or any educational service center may 6,159
combine partial unit eligibility for handicapped preschool 6,160
programs pursuant to section 3317.05 of the Revised Code, and 6,161
such combined partial units may be approved for state funding in 6,163
one school district or service center. 6,164
(B) After units have been initially approved for any 6,166
fiscal year under section 3317.05 of the Revised Code, no unit 6,168
shall be subsequently transferred from a school district or 6,170
educational service center to another city, exempted village, 6,171
local, joint vocational, or cooperative education school district 6,172
or educational service center or to an institution or county 6,174
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 6,175
payment pursuant to section 3317.04 of the Revised Code. 6,176
Sec. 3317.06. Moneys paid to school districts under 6,185
division (L) of section 3317.024 of the Revised Code shall be 6,187
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks as have been 6,189
approved by the superintendent of public instruction for use in 6,190
public schools in the state and to loan such textbooks to pupils 6,191
attending nonpublic schools within the district or to their 6,192
parents and to hire clerical personnel to administer such lending 6,193
program. Such loans shall be based upon individual requests 6,194
submitted by such nonpublic school pupils or parents. Such 6,195
136
requests shall be submitted to the school district in which the 6,196
nonpublic school is located. Such individual requests for the 6,197
loan of textbooks shall, for administrative convenience, be 6,198
submitted by the nonpublic school pupil or the pupil's parent to 6,200
the nonpublic school which shall prepare and submit collective
summaries of the individual requests to the school district. As 6,201
used in this section, "textbook" means any book or book 6,202
substitute which a pupil uses as a text or text substitute in a 6,203
particular class or program in the school the pupil regularly 6,204
attends. 6,205
(B) To provide speech and hearing diagnostic services to 6,207
pupils attending nonpublic schools within the district. Such 6,208
service shall be provided in the nonpublic school attended by the 6,209
pupil receiving the service. 6,210
(C) To provide physician, nursing, dental, and optometric 6,212
services to pupils attending nonpublic schools within the 6,213
district. Such services shall be provided in the school attended 6,214
by the nonpublic school pupil receiving the service. 6,215
(D) To provide diagnostic psychological services to pupils 6,217
attending nonpublic schools within the district. Such services 6,218
shall be provided in the school attended by the pupil receiving 6,219
the service. 6,220
(E) To provide therapeutic psychological and speech and 6,222
hearing services to pupils attending nonpublic schools within the 6,223
district. Such services shall be provided in the public school, 6,224
in nonpublic schools, in public centers, or in mobile units 6,225
located on or off of the nonpublic premises. If such services 6,228
are provided in the public school or in public centers, 6,229
transportation to and from such facilities shall be provided by 6,230
the school district in which the nonpublic school is located. 6,231
(F) To provide guidance and counseling services to pupils 6,233
attending nonpublic schools within the district. Such services 6,234
shall be provided in the public school, in nonpublic schools, in 6,235
pubic PUBLIC centers, or in mobile units located on or off of the 6,237
137
nonpublic premises. If such services are provided in the public 6,238
school or in public centers, transportation to and from such 6,239
facilities shall be provided by the school district in which the 6,240
nonpublic school is located.
(G) To provide remedial services to pupils attending 6,242
nonpublic schools within the district. Such services shall be 6,243
provided in the public school, in nonpublic schools, in public 6,244
centers, or in mobile units located on or off of the nonpublic 6,245
premises. If such services are provided in the public school or 6,247
in public centers, transportation to and from such facilities 6,248
shall be provided by the school district in which the nonpublic 6,249
school is located.
(H) To supply for use by pupils attending nonpublic 6,251
schools within the district such standardized tests and scoring 6,252
services as are in use in the public schools of the state; 6,253
(I) To provide programs for children who attend nonpublic 6,255
schools within the district and are handicapped children as 6,256
defined in division (A) of section 3323.01 of the Revised Code or 6,257
gifted children. Such programs shall be provided in the public 6,258
school, in nonpublic schools, in public centers, or in mobile 6,259
units located on or off of the nonpublic premises. If such 6,262
programs are provided in the public school or in public centers, 6,263
transportation to and from such facilities shall be provided by 6,264
the school district in which the nonpublic school is located. 6,265
(J) To hire clerical personnel to assist in the 6,267
administration of programs pursuant to divisions (B), (C), (D), 6,268
(E), (F), (G), and (I) of this section and to hire supervisory 6,269
personnel to supervise the providing of services and textbooks 6,270
pursuant to this section. 6,271
(K) To purchase any secular, neutral, and nonideological 6,273
computer software, prerecorded video laserdiscs, compact discs, 6,275
and video cassette cartridges and mathematics or science 6,276
equipment and materials that are in general use in the public 6,278
schools of the state and loan such computer software, prerecorded 6,279
138
video laserdiscs, compact discs, and video cassette cartridges, 6,281
equipment, and materials to pupils attending nonpublic schools 6,283
within the district or to their parents, and to hire clerical 6,284
personnel to administer the lending program. Only computer 6,285
software, prerecorded video laserdiscs, compact discs, and video 6,287
cassette cartridges, equipment, and materials that are incapable 6,289
of diversion to religious use and that are susceptible of loan to 6,290
individual pupils and are furnished for the use of individual 6,291
pupils shall be purchased and loaned under this division. 6,292
(L) To purchase instructional equipment, including 6,294
computer hardware, for use by pupils attending nonpublic schools 6,296
within the district, if such usage only occurs when these pupils 6,298
are being provided the secular remedial, diagnostic, or 6,299
therapeutic services pursuant to division (B), (D), (E), (F), 6,301
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 6,304
of services pursuant to divisions (E), (F), (G), and (I) of this 6,307
section and to pay for necessary repairs and operating costs 6,308
associated with these units. 6,309
Clerical and supervisory personnel hired pursuant to 6,311
division (J) of this section shall perform their services in the 6,312
public schools, in nonpublic schools, public centers, or mobile 6,313
units where the services are provided to the nonpublic school 6,315
pupil, except that such personnel may accompany pupils to and 6,316
from the service sites when necessary to ensure the safety of the 6,317
children receiving the services. 6,318
Health services provided pursuant to divisions (B), (C), 6,320
(D), and (E) of this section may be provided under contract with 6,321
the department of health, city or general health districts, or 6,322
private agencies whose personnel are properly licensed by an 6,323
appropriate state board or agency. 6,324
Transportation of pupils provided pursuant to divisions 6,326
(E), (F), (G), and (I) of this section shall be provided by the 6,327
school district from its general funds and not from moneys paid 6,328
139
to it under division (J)(L) of section 3317.024 of the Revised 6,329
Code unless a special transportation request is submitted by the 6,330
parent of the child receiving service pursuant to such divisions. 6,331
If such an application is presented to the school district, it 6,332
may pay for the transportation from moneys paid to it under 6,333
division (J)(L) of section 3317.024 of the Revised Code. 6,334
No school district shall provide health or remedial 6,336
services to nonpublic school pupils as authorized by this section 6,337
unless such services are available to pupils attending the public 6,338
schools within the district. 6,339
Materials, equipment, computer software, textbooks, and 6,341
health and remedial services provided for the benefit of 6,342
nonpublic school pupils pursuant to this section and the 6,343
admission of pupils to such nonpublic schools shall be provided 6,344
without distinction as to race, creed, color, or national origin 6,345
of such pupils or of their teachers. 6,346
No school district shall provide services for use in 6,348
religious courses, devotional exercises, religious training, or 6,349
any other religious activity. 6,350
As used in this section, "parent" includes a person 6,352
standing in loco parentis to a child. 6,353
Notwithstanding section 3317.01 of the Revised Code, 6,355
payments shall be made under this section to any city, local, or 6,356
exempted village school district within which is located one or 6,357
more nonpublic elementary or high schools. 6,358
The allocation of payments for materials, equipment, 6,360
textbooks, health services, and remedial services to city, local, 6,361
and exempted village school districts shall be on the basis of 6,362
the state board of education's estimated annual average daily 6,363
membership in nonpublic elementary and high schools located in 6,364
the district. 6,365
Payments made to city, local, and exempted village school 6,367
districts under this section shall be equal to specific 6,368
appropriations made for the purpose. All interest earned by a 6,369
140
school district on such payments shall be used by the district 6,370
for the same purposes and in the same manner as the payments may 6,371
be used. 6,372
The department of education shall adopt guidelines and 6,374
procedures under which such programs and services shall be 6,375
provided, under which districts shall be reimbursed for 6,376
administrative costs incurred in providing such programs and 6,377
services, and under which any unexpended balance of the amounts 6,378
appropriated by the general assembly to implement this section 6,379
may be transferred to the auxiliary services personnel 6,380
unemployment compensation fund established pursuant to section 6,381
4141.47 of the Revised Code. The department shall also adopt 6,382
guidelines and procedures limiting the purchase and loan of 6,383
computer software, equipment, and materials under division (K) of 6,384
this section to items that are in general use in the public 6,385
schools of the state, that are incapable of diversion to 6,386
religious use, and that are susceptible to individual use rather 6,387
than classroom use. Within thirty days after the end of each 6,388
biennium, each board of education shall remit to the department 6,389
all moneys paid to it under division (J)(L) of section 3317.024 6,391
of the Revised Code and any interest earned on those moneys that
are not required to pay expenses incurred under this section 6,392
during the biennium for which the money was appropriated and 6,393
during which the interest was earned. If a board of education 6,394
subsequently determines that the remittal of moneys leaves the 6,395
board with insufficient money to pay all valid expenses incurred 6,396
under this section during the biennium for which the remitted 6,397
money was appropriated, the board may apply to the department of 6,398
education for a refund of money, not to exceed the amount of the 6,399
insufficiency. If the department determines the expenses were 6,400
lawfully incurred and would have been lawful expenditures of the 6,401
refunded money, it shall certify its determination and the amount 6,402
of the refund to be made to the administrator of the bureau of 6,403
employment services who shall make a refund as provided in 6,404
141
section 4141.47 of the Revised Code. 6,405
Sec. 3317.082. As used in this section, "institution" 6,414
means a residential facility that receives and cares for children 6,415
maintained by the department of youth services and that operates 6,416
a school chartered by the state board of education under section 6,417
3301.16 of the Revised Code. 6,418
(A) On or before the thirty-first day of each January and 6,420
July, the superintendent of each institution that during the 6,421
six-month period immediately preceding each January or July 6,422
provided an elementary or secondary education for any child, 6,423
other than a child receiving special education under section 6,424
3323.091 of the Revised Code, shall prepare and submit to the 6,425
department of education, a statement for each such child 6,426
indicating the child's name, any school district responsible to 6,427
pay tuition for the child as determined by the superintendent in 6,428
accordance with division (C)(2) or (3) of section 3313.64 of the 6,429
Revised Code, and the period of time during that six-month period 6,430
that the child received an elementary or secondary education. If 6,431
any school district is responsible to pay tuition for any such 6,432
child, the department of education, no later than the immediately 6,433
succeeding last day of February or August, as applicable, shall 6,434
calculate the amount of the tuition of the district under section 6,435
3317.08 of the Revised Code for the period of time indicated on 6,436
the statement and do one of the following: 6,437
(1) If the tuition amount is equal to or less than the 6,439
amount of state basic aid funds payable to the district under 6,440
sections 3317.022 and 3317.023 of the Revised Code, pay to the 6,441
institution submitting the statement an amount equal to the 6,442
tuition amount, as provided under division (R)(Q) of section 6,443
3317.024 of the Revised Code, and deduct the tuition amount from 6,444
the state basic aid funds payable to the district, as provided 6,445
under division (F)(2) of section 3317.023 of the Revised Code; 6,447
(2) If the tuition amount is greater than the amount of 6,449
state basic aid funds payable to the district under sections 6,450
142
3317.022 and 3317.023 of the Revised Code, require the district 6,451
to pay to the institution submitting the statement an amount 6,452
equal to the tuition amount. 6,453
(B) In the case of any disagreement about the school 6,455
district responsible to pay tuition for a child pursuant to this 6,456
section, the superintendent of public instruction shall make the 6,457
determination in any such case in accordance with division (C)(2) 6,458
or (3) of section 3313.64 of the Revised Code. 6,459
Sec. 3317.10. (A) On or before the first day of March of 6,466
each year, the department of human services shall certify to the 6,467
state board of education the number of children ages five through 6,468
seventeen residing in each school district and living in a family 6,469
that participated in Ohio works first under Chapter 5107. of the 6,470
Revised Code during the preceding October according to the school 6,471
district of residence for each child. Except as provided under 6,472
division (B) of this section, the number of children so certified 6,473
in any year shall be used by the department of education in 6,474
determining the DPIA ADM for purposes of calculating the 6,475
distribution of moneys for the ensuing fiscal year provided in 6,476
section 3317.029 of the Revised Code. 6,477
(B) Upon the transfer of part of the territory of one 6,479
school district to the territory of one or more other school 6,480
districts, the department of education may adjust the number 6,481
certified under division (A) of this section for any district 6,483
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of children 6,484
ages five through seventeen who reside in the district and live 6,485
in a family that participates in Ohio works first. Within sixty 6,486
days of receipt of a request for information from the department 6,488
of education, the department of human services shall provide any 6,489
information the department of education determines is necessary 6,490
to make such adjustments. The department of education may use 6,491
the adjusted number for any district for the applicable fiscal 6,492
year, in lieu of the number certified for the district for that 6,493
143
fiscal year under division (A) of this section, in the 6,494
calculation of the distribution of moneys provided in section 6,495
3317.029 of the Revised Code.
Sec. 3317.11. (A) Annually, on or before a date 6,504
designated by the state board of education, each educational 6,505
service center governing board shall prepare a budget of 6,507
operating expenses for the ensuing year for the service center on 6,508
forms prepared and furnished by the state board of education and 6,509
shall certify the budget to the state board of education, 6,510
together with such other information as the board may require. 6,511
Such budget shall consist of two parts. Part (A) shall include 6,512
the cost of the salaries, employers retirement contributions, and 6,513
travel expenses of supervisory teachers approved by the state 6,514
board of education. The amount derived from the calculation for 6,515
such units in part (A) of the governing board budget shall be the 6,516
sum of:
(1) The sum of the minimum salaries calculated, pursuant 6,518
to section 3317.13 of the Revised Code, for each approved 6,519
licensed employee of the governing board; 6,520
(2) An additional salary allowance proportional to the 6,522
length of the extended term of service not to exceed three months 6,523
for each supervisory and child study teacher whose term of 6,524
service in any year is extended beyond the terms of service of 6,525
regular classroom teachers; 6,526
(3) An allowance equal to fifteen per cent of the amount 6,528
computed under division (A)(1) of this section; 6,529
(4) An allowance for necessary travel expenses, for each 6,531
of the personnel approved in part (A) of the budget, limited to 6,532
two hundred twenty-three dollars and sixteen cents per month, or 6,533
two thousand six hundred seventy-eight dollars per year per 6,534
person employed, whichever is the lesser. Part 6,535
PART (B) shall include the cost of all other lawful 6,538
expenditures of the governing board. The state board of 6,539
education shall review such budget and may approve, increase, or
144
decrease such budget. 6,540
The governing board shall be reimbursed by the state board 6,543
of education from state funds for the cost of part (A) of the 6,544
budget. The governing board shall be reimbursed by the state
board of education, from state funds for the cost of part (B) of 6,546
the approved budget that is in excess of six dollars and fifty 6,547
cents times the service center ADM. If the governing board 6,548
provides services to city or exempted village school districts 6,549
pursuant to section 3313.843 of the Revised Code, the governing 6,550
board shall be reimbursed from state funds for the cost of part 6,551
(B) of the budget that is in excess of six dollars and fifty 6,552
cents times the sum of the service center ADM and the formula 6,554
CLIENT ADMs of the city or exempted village districts to which 6,555
such services are provided. The cost of part (B) not in excess 6,556
of six dollars and fifty cents times the number of such ADM shall 6,557
be apportioned by the state board of education among the local 6,558
school districts in the territory of the service center, or among 6,559
all districts to which the governing board provides services, on 6,561
the basis of the total number of pupils in each school district. 6,562
If part (B) of the budget is in excess of that approved by 6,564
the state board of education, the excess cost shall be 6,565
apportioned by the state board of education among the local 6,566
school districts in the territory of the service center on the 6,568
basis of the total number of such pupils in each such school 6,569
district, provided that a majority of the boards of education of 6,570
such local school districts approve such apportionment. The 6,571
state board of education shall initiate and supervise the 6,572
procedure by which the local boards shall approve or disapprove 6,573
such apportionment.
The amounts so apportioned shall be certified to the 6,575
treasurers of the various school districts. In the case of each 6,576
district such amount shall be deducted by the state board of 6,577
education from funds allocated to the district pursuant to 6,578
division (E) of section 3317.023 of the Revised Code. 6,579
145
The state board of education shall certify to the director 6,581
of budget and management for payment the total of the deductions, 6,582
whereupon the amount shall be paid to the governing board of each 6,584
service center, to be deposited to the credit of a separate fund, 6,586
hereby created, to be known as the educational service center 6,587
governing board fund.
An educational service center may provide special education 6,590
to students in its local districts or in client districts. A 6,591
service center is eligible for funding under division (J) of 6,593
section 3317.024 of the Revised Code and eligible for state 6,594
subsidies for the purchase of school buses under section 3317.07 6,595
of the Revised Code. Special education units for gifted children 6,597
may be operated by a governing board. Vocational education may
be provided by a governing board. A governing board may conduct 6,599
driver education for pupils enrolled in a high school for which 6,600
the state board of education prescribes minimum standards and 6,601
which is eligible for funding under division (I) of section 6,602
3317.024 of the Revised Code.
Every local school district shall be provided supervisory 6,604
services by its governing board as approved by the state board of 6,607
education. A city or exempted village school district shall be 6,608
considered to be provided supervisory services by a governing 6,609
board if it has entered into an agreement for the governing board 6,610
to provide any services under section 3313.843 of the Revised 6,611
Code. Supervisory services shall not exceed one supervisory 6,613
teacher for the first fifty classroom teachers employed in all 6,614
districts that are provided supervisory services calculated under 6,615
section 3317.023 of the Revised Code and one supervisory teacher 6,616
for every additional one hundred such classroom teachers so 6,617
calculated. Reimbursement for such supervisory services shall be 6,618
a deduction by the state board of education from the payment to 6,619
the school district pursuant to division (E) of section 3317.023 6,620
of the Revised Code. Deductions for all supervisory services and 6,621
extended services for supervisory and child study shall be 6,622
146
apportioned among local school districts within the territory of 6,623
the service center and any city or exempted village districts 6,624
that have entered into agreements with a service center pursuant 6,625
to section 3313.843 of the Revised Code by the state board of 6,626
education on the basis of the total number of pupils in each 6,627
school district, except that where such services are provided to 6,628
districts other than local school districts within the service 6,630
center territory and city or exempted village districts having
agreements with the service center, such charges shall be 6,631
apportioned among all participating districts on the basis of the 6,633
total number of pupils in each school district. All deductions 6,634
from state funding to school districts required for reimbursement 6,635
of governing boards by division (E) of section 3317.023 of the 6,636
Revised Code shall be made from the total of the payment computed 6,637
FOR THE DISTRICT under sections 3317.022 and 3317.023 of the 6,639
Revised Code THIS CHAPTER, after making any other adjustments in 6,641
that payment required by law.
(B)(1) In addition to the payments made under division (A) 6,643
of this section, except as otherwise provided in division (C) of 6,644
this section, the department of education shall pay each 6,645
governing board, each fiscal year, an amount equal to thirty-four 6,646
dollars times the sum of the service center ADM and thirty-four 6,647
dollars times the sum of the client ADMs of all its client 6,648
districts.
(2) IN ADDITION TO OTHER PAYMENTS UNDER THIS SECTION, THE 6,650
DEPARTMENT SHALL PAY EACH EDUCATIONAL SERVICE CENTER THE AMOUNTS 6,651
DUE TO IT FROM SCHOOL DISTRICTS PURSUANT TO CONTRACTS, COMPACTS, 6,652
OR AGREEMENTS UNDER WHICH THE SERVICE CENTER FURNISHES SERVICES 6,653
TO THE DISTRICTS OR THEIR STUDENTS. IN ORDER TO RECEIVE PAYMENT 6,654
UNDER THIS DIVISION, AN EDUCATIONAL SERVICE CENTER SHALL FURNISH 6,655
EITHER A COPY OF THE APPLICABLE CONTRACT, COMPACT, OR AGREEMENT 6,656
CLEARLY INDICATING THE AMOUNTS OF THE PAYMENTS, OR A WRITTEN 6,657
STATEMENT OF THE PAYMENTS OWED SIGNED BY THE SUPERINTENDENT OR
TREASURER OF THE RESPONSIBLE SCHOOL DISTRICT. 6,658
147
THE AMOUNTS PAID TO SERVICE CENTERS UNDER DIVISION (B)(2) 6,660
OF THIS SECTION SHALL BE DEDUCTED FROM PAYMENTS TO SCHOOL 6,661
DISTRICTS PURSUANT TO DIVISION (K)(2) OF SECTION 3317.023 OF THE 6,663
REVISED CODE.
(C) Beginning with the fiscal year that starts July 1, 6,665
1997, in lieu of the payment specified under division (B) of this 6,667
section, each multicounty service center shall receive a payment 6,668
each fiscal year equal to one per cent times the formula amount 6,669
times the sum of the service center ADM and the client ADMs of 6,670
all its client districts.
(D) Each city, exempted village, local, joint vocational, 6,672
or cooperative education school district shall pay to the 6,674
governing board of an educational service center any amounts
agreed to for each child enrolled in the district who receives 6,675
special education and related services or vocational education 6,676
from the educational service center.
(E) As used in this section: 6,678
(1) "Service center ADM" means the total of each of the 6,681
following for all local school districts within the limits of an 6,682
educational service center's territory:
(a) The formula ADM; 6,684
(b) One-half of the THE kindergarten average daily 6,686
membership included in the formula ADM; 6,687
(c) Three-quarters of the number of students reported 6,689
under division (B)(4) of section 3317.03 of the Revised Code; 6,690
(d) The average daily membership of handicapped preschool 6,693
children reported under division (B)(2) of section 3317.03 of the 6,694
Revised Code;
(e) The number of preschool students certified under 6,696
division (B) of section 3317.032 of the Revised Code. 6,697
(2) "Client ADM" means the total of each number described 6,700
under divisions (E)(1)(a) to (e) of this section for a client 6,701
district.
(3) "Client district" means a city or exempted village 6,703
148
school district that has entered into an agreement to receive 6,704
services from a service center pursuant to section 3313.843 of 6,705
the Revised Code.
(4) "Multicounty service center" means a service center 6,707
that includes territory that formerly was included in the 6,708
territory of at least three former service centers or county 6,709
school districts, which former centers or districts engaged in 6,710
one or more mergers pursuant to section 3311.053 of the Revised 6,711
Code to form the present center.
Sec. 3317.161. As used in this section, "institution" 6,720
means an institution operated by a department specified in 6,721
section 3323.091 of the Revised Code. 6,722
(A)(1) The department of education shall pay each school 6,725
district, educational service center, institution eligible for 6,726
payment under section 3323.091 of the Revised Code, or county 6,727
mr/dd MR/DD board an amount for the total of all classroom units 6,728
for handicapped preschool children approved under division (B) of 6,729
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the 6,730
unit, calculated on the basis of the teacher's training level and 6,732
years of experience pursuant to section 3317.13 of the Revised 6,733
Code, plus fifteen per cent of that minimum salary amount, and 6,734
eight thousand twenty-three dollars.
(2) The department shall pay each school district, 6,736
educational service center, institution eligible for payment 6,737
under section 3323.091 of the Revised Code, or county MR/DD board 6,738
an amount for the total of all related services units for 6,739
handicapped preschool children approved under division (C) of 6,740
section 3317.05 of the Revised Code. For each such unit, the 6,741
amount shall be the sum of the minimum salary for the teacher of 6,742
the unit calculated on the basis of the teacher's training level 6,743
and years of experience pursuant to section 3317.13 of the 6,744
Revised Code, fifteen per cent of that minimum salary amount, and 6,745
two thousand one hundred thirty-two dollars.
149
(B) If a school district or educational service center has 6,748
had additional handicapped preschool units approved for the year 6,749
under division (F)(2) of section 3317.03 of the Revised Code, or 6,750
if a county MR/DD board has had additional handicapped preschool 6,751
units approved under division (G)(3) of section 3317.03 of the 6,752
Revised Code, the district, educational service center, or board 6,753
shall receive an additional amount during the last half of the 6,754
fiscal year. For each district, center, or board, the additional 6,755
amount for each unit shall equal fifty per cent of the amount 6,756
AMOUNTS computed for the unit in the manner prescribed by
division (A) of this section AND DIVISION (C) OF SECTION 3317.162 6,757
OF THE REVISED CODE. 6,758
(C)(1) The department shall pay each institution eligible 6,760
for payment under section 3323.091 of the Revised Code or county 6,762
MR/DD board an amount for the total of all special education 6,763
units approved under division (D)(1) of section 3317.05 of the 6,764
Revised Code. The amount for each unit shall be the sum of the 6,766
minimum salary for the teacher of the unit, calculated on the 6,767
basis of the teacher's training level and years of experience 6,768
pursuant to section 3317.13 of the Revised Code, plus fifteen per 6,769
cent of that minimum salary amount, and eight thousand 6,770
twenty-three dollars. 6,771
(2) The department shall pay each institution eligible for 6,773
payment under section 3323.091 of the Revised Code or county 6,774
MR/DD board an amount for the total of all related services units 6,775
approved under division (D)(2) of section 3317.05 of the Revised 6,776
Code. The amount for each unit shall be the sum of the minimum 6,778
salary for the teacher of the unit, calculated on the basis of 6,779
the teacher's training level and years of experience pursuant to 6,780
section 3317.13 of the Revised Code, plus fifteen per cent of 6,781
that minimum salary amount, and two thousand one hundred 6,782
thirty-two dollars. 6,783
(3) If a county MR/DD board has had additional handicapped 6,785
preschool units FOR HANDICAPPED CHILDREN OTHER THAN HANDICAPPED 6,786
150
PRESCHOOL CHILDREN approved under division (G)(3) of section 6,788
3317.03 of the Revised Code, the board shall receive an 6,789
additional amount during the last half of the fiscal year. For 6,790
each board, the additional amount for each unit shall equal fifty 6,791
per cent of the amount computed for the unit in the manner
prescribed by division (C)(1) of this section AND DIVISION (C) OF 6,792
SECTION 3317.162 OF THE REVISED CODE. 6,793
(D) The department shall pay each institution approved for 6,796
vocational education units under division (A) of section 3317.05 6,797
of the Revised Code an amount for the total of all the units 6,799
approved under that division. The amount for each unit shall be 6,800
the sum of the minimum salary for the teacher of the unit, 6,801
calculated on the basis of the teacher's training level and years 6,802
of experience pursuant to section 3317.13 of the Revised Code, 6,803
plus fifteen per cent of that minimum salary amount, and nine 6,804
thousand five hundred ten dollars. 6,805
Sec. 50.11 3317.162. Supplemental Unit Allowanceunder IN this heading SECTION: 6,810
(1) "State share PERCENTAGE" has the same meaning as in 6,812
division (B) of section 3317.022 of the Revised Code. 6,813
(2) "Dollar amount" means the amount shown in the 6,815
following table for the corresponding type of unit and the 6,816
appropriate fiscal year: 6,817
DOLLAR AMOUNT 6,819
TYPE OF UNIT FY 1999 6,820
Division (B) of R.C. SECTION 6,821
3317.05 OF THE REVISED CODE $8,334 6,822
Division (C) of R.C. 3317.05 6,823
THAT SECTION $3,234
Division (F) of R.C. 3317.05 6,824
THAT SECTION $3,550
(3) "Average unit amount" means the amount shown in the 6,827
following table for the corresponding type of unit and the 6,828
appropriate fiscal year: 6,829
151
AVERAGE UNIT AMOUNT 6,831
TYPE OF UNIT FY 1999 6,832
Division (B) of R.C. SECTION 6,833
3317.05 OF THE REVISED CODE $7,799 6,834
Division (C) of R.C. 3317.05 6,835
THAT SECTION $2,966
Division (F) of R.C. 3317.05 6,836
THAT SECTION $3,251
(B) In the case of each unit described in division (B), 6,839
(C), or (F) of section 3317.05 of the Revised Code and allocated 6,841
to a city, local, or exempted village school district, the 6,842
Department DEPARTMENT of Education EDUCATION, in addition to the 6,843
amounts specified in such divisions DIVISION (P)(1) OF SECTION 6,845
3317.024 AND SECTIONS 3317.16, 3317.161, AND 3317.19 OF THE
REVISED CODE, shall pay a supplemental unit allowance equal to 6,846
the sum of the following amounts: 6,847
(1) An amount equal to 50% of the average unit amount for 6,849
the unit;
(2) An amount equal to the percentage of the dollar amount 6,851
for the unit that equals the district's state share PERCENTAGE. 6,852
If, prior to the fifteenth day of May of a fiscal year, a 6,854
school district's aid computed under section 3317.022 of the 6,855
Revised Code is recomputed pursuant to section 3317.027 or 6,856
3317.028 of the Revised Code, the department shall also recompute 6,857
the district's entitlement to payment under this section 6,858
utilizing a new state share PERCENTAGE. Such new state share 6,859
PERCENTAGE shall be determined using the district's recomputed 6,860
basic aid amount pursuant to section 3317.027 or 3317.028 of the 6,861
Revised Code. During the last six months of the fiscal year, the 6,862
department shall pay the district a sum equal to one-half of the 6,863
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 6,864
(C)(1) In the case of each unit allocated to a joint 6,866
vocational school district or institution pursuant to division 6,867
152
(A) of section 3317.05 of the Revised Code, the Department 6,869
DEPARTMENT, in addition to the amount specified in section 6,870
3317.16 OR 3317.161 of the Revised Code, shall pay a supplemental 6,871
unit allowance of $7,227 in fiscal year 1999. 6,872
(2) In the case of each unit described in division (B) or 6,874
(D)(1) of section 3317.05 of the Revised Code that is allocated 6,876
to any entity other than a city, exempted village, or local 6,877
school district, the Department DEPARTMENT, in addition to the 6,878
amount specified in section 3317.161 of the Revised Code, shall
pay a supplemental unit allowance of $7,799 in fiscal year 1999. 6,879
(3) In the case of each unit described in division (C) or 6,882
(D)(2) of section 3317.05 of the Revised Code and allocated to 6,883
any entity other than a city, exempted village, or local school 6,884
district, the Department DEPARTMENT, in addition to the amounts 6,885
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $2,966 in fiscal year 1999. 6,886
(4) In the case of each unit described in division (F) of 6,889
section 3317.05 of the Revised Code and allocated to any entity 6,890
other than a city, exempted village, or local school district,
the Department DEPARTMENT, in addition to the amounts specified 6,891
in section 3317.161 of the Revised Code, shall pay a supplemental 6,892
unit allowance of $3,251 in fiscal year 1999. 6,893
Sec. 3317.19. (A) As used in this section, "total unit 6,902
allowance" means an amount equal to the sum of the following: 6,903
(1) The total of the salary allowances for the teachers 6,905
employed in the cooperative education school district for all 6,906
units approved under division (B) or (C) of section 3317.05 of 6,907
the Revised Code. The salary allowance for each unit shall equal 6,908
the minimum salary for the teacher of the unit calculated on the 6,909
basis of the teacher's training level and years of experience 6,910
pursuant to section 3317.13 of the Revised Code. 6,911
(2) Fifteen per cent of the total computed under division 6,914
(A)(1) of this section;
(3) The total of the unit operating allowances for all 6,916
153
approved units. The amount of each allowance shall equal one of 6,918
the following:
(a) Eight thousand twenty-three dollars times the number 6,920
of preschool handicapped units or fraction thereof approved for 6,921
the year under division (B) of section 3317.05 of the Revised 6,922
Code; 6,923
(b) Two thousand one hundred thirty-two dollars times the 6,925
number of units or fraction thereof approved for the year under 6,926
division (C) of section 3317.05 of the Revised Code. 6,927
(B) The state board of education shall compute and 6,929
distribute to each cooperative education school district for each 6,930
fiscal year an amount equal to the sum of the following: 6,931
(1) An amount equal to the total of the amounts credited 6,933
to the cooperative education school district pursuant to division 6,934
(K) of section 3317.023 of the Revised Code; 6,935
(2) The total unit allowance; 6,937
(3) An amount for driver education pursuant to division 6,939
(H)(I) of section 3317.024 of the Revised Code; 6,940
(4) An amount for assisting in providing free lunches to 6,942
needy children and an amount for assisting needy school districts 6,943
in purchasing necessary equipment for food preparation pursuant 6,944
to division (K) of section 3317.024 of the Revised Code. 6,945
(C) If a cooperative education school district has had 6,948
additional special education units approved for the year under 6,949
division (F)(2) of section 3317.03 of the Revised Code, the 6,950
district shall receive an additional amount during the last half 6,951
of the fiscal year. For each unit, the additional amount shall 6,952
equal fifty per cent of the amount computed under division (A) of 6,954
this section for a unit approved under division (B) of section 6,955
3317.05 of the Revised Code.
Sec. 3318.06. After receipt of the conditional approval of 6,964
the Ohio school facilities commission, the school district board 6,966
by a majority of all of its members shall, if it desires to 6,967
proceed with the project, declare all of the following by 6,968
154
resolution:
(A) That with a net bonded indebtedness of within five 6,970
thousand dollars of the required level of indebtedness or by 6,971
issuing bonds in an amount equal to the required percentage of 6,972
the project costs, the district is unable to provide adequate 6,973
classroom facilities without assistance from the state; 6,974
(B) That to qualify for such state assistance it is 6,976
necessary to levy a tax outside the ten-mill limitation the 6,977
proceeds of which shall be used to pay the cost of maintaining 6,979
the classroom facilities included in the project, except that in
any year the district's adjusted valuation per pupil is greater 6,980
than the state-wide median adjusted valuation per pupil one-half 6,981
of the proceeds of the tax shall be used for such maintenance and 6,982
one-half of such proceeds shall be used to pay the cost of the 6,983
purchase of the classroom facilities from the state; 6,984
(C) That the question of such tax levy shall be submitted 6,986
to the electors of the school district at the next general or 6,987
primary election, if there be a general or primary election not 6,988
less than seventy-five and not more than ninety-five days after 6,989
the day of the adoption of such resolution or, if not, at a 6,990
special election to be held at a time specified in the resolution 6,991
which shall be not less than seventy-five days after the day of 6,992
the adoption of the resolution and which shall be in accordance 6,993
with the requirements of section 3501.01 of the Revised Code. 6,994
Such resolution shall also state, if such be the case, that 6,996
the question of issuing bonds of the board shall be combined in a 6,997
single proposal with the question of such tax levy. More than 6,998
one election under this section may be held in any one calendar 6,999
year. Such resolution shall specify both of the following: 7,000
(1) That the rate which it is necessary to levy shall be 7,002
at the rate of one-half mill for each one dollar of valuation, 7,003
and that such tax shall be levied until the purchase price is 7,005
paid but in no case longer than twenty-three years; 7,006
(2) That the proceeds of the tax shall be used to pay the 7,008
155
cost of maintaining the classroom facilities included in the 7,009
project, except in any year the district's adjusted valuation per 7,010
pupil is greater than the statewide median adjusted valuation per 7,011
pupil one-half of the proceeds of the tax shall be used for such 7,012
maintenance and one-half of the proceeds of the tax shall be used 7,013
to pay the cost of the purchase of the classroom facilities from
the state under sections 3318.01 to 3318.20 of the Revised Code. 7,014
A copy of such resolution shall after its passage and not 7,016
less than seventy-five days prior to the date set therein for the 7,017
election be certified to the county board of elections. 7,018
If the question of issuing bonds of the board is to be 7,020
combined with the question of levying the tax, the THE resolution 7,021
of the school district board, in addition to meeting other 7,023
applicable requirements of section 133.18 of the Revised Code, 7,024
shall state that the amount of bonds to be issued will be either 7,025
whatever amount may be necessary to raise the net bonded 7,026
indebtedness of the school district to within five thousand 7,027
dollars of the required level of indebtedness calculated for the 7,028
year preceding the year in which such resolution is adopted or an 7,029
amount equal to the required percentage of the basic project 7,030
costs, whichever is greater and state that the maximum maturity 7,031
of the bonds which, notwithstanding section 133.20 of the Revised 7,032
Code, may be any number of years not exceeding twenty-three as 7,033
determined by the board. In estimating the amount of bonds to be 7,034
issued, the board shall take into consideration the amount of 7,035
moneys then in the bond retirement fund and the amount of moneys 7,036
to be collected for and disbursed from the bond retirement fund 7,037
during the remainder of the year in which the resolution of 7,038
necessity is adopted.
Notice of the election shall include the fact that the tax 7,040
levy shall be at the rate of one-half mill for each one dollar of 7,041
valuation, that the levy shall be made until the purchase price 7,043
is paid but in no case longer than twenty-three years, and that 7,044
the proceeds of the tax shall be used to pay the cost of 7,045
156
maintaining the classroom facilities included in the project, 7,046
except in any year the district's adjusted valuation per pupil is 7,047
greater than the statewide median adjusted valuation per pupil 7,048
one-half of the proceeds of the tax shall be used for such 7,049
maintenance and one-half of the proceeds of the tax shall be used 7,050
to pay the cost of the purchase of the classroom facilities from
the state under sections 3318.01 to 3318.20 of the Revised Code. 7,051
The form of the ballot to be used at such election shall 7,053
be: 7,054
"A majority affirmative vote is necessary for passage. 7,056
Shall bonds be issued by the Board of Education of the 7,058
............ (here insert name of school district) for the 7,059
purpose of ............ (here insert purpose of bond issue) in 7,060
either an amount sufficient to raise the net indebtedness of the 7,061
school district to within five thousand dollars of ............ 7,062
(here insert five, six, or seven per cent depending on the 7,063
district's required level of indebtedness) of the total value of 7,064
all property in the school district as listed and assessed for 7,065
taxation on the tax duplicate for the year ............ (here 7,066
insert the year preceding the year in which the resolution 7,067
declaring the necessity of the election was adopted) or an amount 7,069
equal to ............ (here insert the required percentage of the 7,070
basic project costs), whichever is greater, and a levy of taxes 7,071
be made outside of the ten-mill limitation for a maximum period 7,072
of ............ (here insert longest maturity) years to pay the 7,073
principal and interest of such bonds, the amount of such bonds 7,074
being estimated to be ............ (here insert estimated amount 7,075
of bond issue) for which the levy of taxes is estimated by the 7,076
county auditor to average ............ (here insert number of 7,077
mills) mills for each one dollar of valuation, which amounts to 7,078
............ (here insert rate expressed in dollars and cents) 7,079
for each one hundred dollars of valuation?" 7,080
and 7,082
"Shall an additional levy of taxes be made for the benefit 7,084
157
of the ............ (name of school district), the proceeds of 7,085
which shall be used to pay the cost of maintaining the classroom 7,087
facilities included in the project, except that in any year the 7,088
district's adjusted valuation per pupil is greater than the
state-wide median adjusted valuation per pupil one-half of the 7,089
proceeds of the tax shall be used for such maintenance and 7,090
one-half of such proceeds shall be used to pay the cost of the 7,091
purchase of classroom facilities from the state, at the rate of 7,092
one-half mill for each one dollar of valuation until the purchase 7,094
price is paid but in no case longer than twenty-three years? 7,095
_______________________________________________ 7,097
FOR THE BOND ISSUE AND TAX LEVY 7,098
_______________________________________________ 7,099
AGAINST THE BOND ISSUE AND TAX LEVY 7,100
_______________________________________________ " 7,101
Where it is not necessary to include the question of 7,104
issuing bonds of the school district board with the question of 7,105
levying the tax, the first paragraph of the foregoing ballot form 7,106
shall be omitted and the question to be voted on shall be "For 7,107
the Tax Levy" and "Against the Tax Levy." 7,108
(D) If it is necessary for the school district to acquire 7,110
a site for the classroom facilities to be acquired pursuant to 7,111
sections 3318.01 to 3318.20 of the Revised Code, the district 7,112
board may propose either to issue bonds of the board or to levy a 7,113
tax to pay for the acquisition of such site, and may combine the 7,114
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 7,115
purpose of acquiring a site are a general obligation of the 7,116
school district and are Chapter 133. securities. 7,117
The form of that portion of the ballot to include the 7,119
question of either issuing bonds or levying a tax for site 7,120
acquisition purposes shall be one of the following: 7,121
(1) "Shall bonds be issued by the board of education of 7,123
the ......... (name of the school district) for the purpose of 7,124
158
.......... (purpose of the bond issue, which shall be for the 7,125
purpose of acquiring a site for classroom facilities) in the 7,126
principal amount of ........ (principal amount of the bond
issue), to be repaid annually over a maximum period of ......... 7,127
(maximum number of years over which the principal of the bonds 7,128
may be paid) years, and an annual levy of property taxes be made 7,129
outside the ten-mill limitation, estimated by the county auditor 7,130
to average over the repayment period of the bond issue ....... 7,131
(number of mills) mills for each one dollar of tax valuation, 7,132
which amount to ....... (rate expressed in dollars and cents) for
each one hundred dollars of valuation?" 7,133
(2) "Shall an additional levy of taxes be made for the 7,135
benefit of the ......... (name of the school district) ......... 7,136
for the purpose ......... (purpose of the levy, which shall be 7,137
for the purpose of acquiring a site for classroom facilities) in 7,138
the sum of ......... (annual amount the levy is to produce) and a 7,139
levy of taxes to be made outside of the ten-mill limitation 7,140
estimated by the county auditor to average ........ (number of 7,141
mills) mills for each one hundred dollars of valuation, for a
period of ......... (number of years the millage is to be 7,142
imposed) years?"
Where it is necessary to combine the question of issuing 7,144
bonds of the school district and levying a tax as described in 7,145
division (C) of this section with the question of issuing bonds 7,146
of the school district for acquisition of a site, the question 7,147
specified in division (C) of this section to be voted on shall be 7,148
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." In the event it is not necessary to 7,149
include the question of issuing bonds as described in division 7,151
(C) of this section, the question specified in that division to 7,152
be voted on shall be "For the Bond Issue and the Tax Levy" and 7,153
"Against the Bond Issue and the Tax Levy."
Where it is necessary to combine the question of issuing 7,155
bonds of the school district and levying a tax as described in 7,156
159
division (C) of this section with the question of levying a tax 7,157
for the acquisition of a site, the question specified in division 7,158
(C) of this section to be voted on shall be "For the Bond Issue 7,159
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." In the event it is not necessary to include the 7,160
question of issuing bonds as described in division (C) of this 7,162
section, the question specified in that division to be voted on 7,163
shall be "For the Tax Levies" and "Against the Tax Levies." 7,164
If a majority of those voting upon a proposition hereunder 7,166
which includes the question of issuing bonds vote in favor 7,167
thereof, and if the agreement provided for by section 3318.08 of 7,168
the Revised Code has been entered into, the school district board 7,169
may proceed under Chapter 133. of the Revised Code, with the 7,170
issuance of bonds or bond anticipation notes in accordance with 7,171
the terms of the agreement. 7,172
Sec. 3318.08. If the requisite favorable vote on the 7,181
election is obtained, the Ohio school facilities commission, upon 7,183
certification of the results of the election to it, shall enter 7,184
into a written agreement with the school district board for the 7,185
construction and sale of the project, which agreement shall 7,186
include, but need not be limited to, the following provisions: 7,187
(A) The sale and issuance of bonds or notes in 7,189
anticipation thereof, as soon as practicable after the execution 7,190
of the agreement, in either an amount which will raise the net 7,191
bonded indebtedness of the school district, as of the date of the 7,192
resolution authorizing the issuance of such bonds or notes, to 7,193
within five thousand dollars of the required level of 7,194
indebtedness calculated for the year preceding the year in which 7,195
the resolution declaring the necessity of the election was 7,197
adopted or an amount equal to the required percentage of the 7,198
basic project costs, whichever is greater; provided, that if at 7,199
that time the county treasurer of each county in which the school 7,200
district is located has not commenced the collection of taxes on 7,201
the general duplicate of real and public utility property for 7,202
160
such year, the school district board shall authorize the issuance 7,203
of a first installment of bond anticipation notes in an amount 7,204
specified by the agreement, which amount shall not exceed an 7,205
amount necessary to raise the net bonded indebtedness of the 7,206
school district as to the date of such authorizing resolution to 7,207
within five thousand dollars of the required level of 7,208
indebtedness for the preceding year. In the event that a first 7,209
installment of bond anticipation notes is issued, the school 7,210
district board shall, as soon as practicable after the county 7,211
treasurer of each county in which the school district is located 7,212
has commenced the collection of taxes on the general duplicate of 7,213
real and public utility property for the year in which the 7,214
resolution declaring the necessity of the election was adopted, 7,215
authorize the issuance of a second and final installment of bond 7,216
anticipation notes or a first and final issue of bonds. The 7,217
combined value of the first and second installment of bond 7,218
anticipation notes or the value of the first and final issue of 7,219
bonds shall be equal to either an amount which will raise the net 7,220
indebtedness of the school district as of the date of such 7,221
authorizing resolution to within five thousand dollars of the 7,222
required level of indebtedness, or an amount equal to the 7,223
required percentage of the project costs, whichever is greater. 7,224
The proceeds of any such bonds shall be used first to retire any 7,225
bond anticipation notes. Otherwise, the proceeds of such bonds 7,226
and of any bond anticipation notes, except the premium and 7,227
accrued interest thereon, shall be deposited in the school
district's project construction fund. In determining the amount 7,228
of net indebtedness for the purpose of fixing the amount of an 7,229
issue of either bonds or bond anticipation notes, gross 7,230
indebtedness shall be reduced by moneys in the bond retirement 7,231
fund only to the extent of the moneys therein on the first day of 7,232
the year preceding the year in which the resolution authorizing 7,233
such bonds or notes is adopted. Should there be a decrease in 7,235
the tax valuation of the school district so that the amount of 7,236
161
indebtedness which can be incurred on the tax duplicates for the 7,237
year in which the resolution declaring the necessity of the 7,238
election was adopted is less than the amount of the first 7,239
installment of bond anticipation notes, there shall be paid from 7,240
the school district's project construction fund to the school 7,241
district's bond retirement fund to be applied against such notes 7,243
an amount sufficient to cause the net indebtedness of the school 7,244
district, as of the first day of the year following the year in 7,245
which the resolution declaring the necessity of the election was 7,246
adopted, to be within five thousand dollars of the required level 7,247
of indebtedness for the year in which that resolution was 7,248
adopted. The maximum amount of indebtedness to be incurred by 7,249
any school district board as its share of the cost of the project 7,250
is either an amount which will cause its net indebtedness, as of 7,251
the first day of the year following the year in which the 7,252
resolution declaring the necessity of the bond issue was adopted, 7,253
to be within five thousand dollars of the required level of 7,254
indebtedness calculated for the year preceding the year in which 7,255
that resolution was adopted or an amount equal to the required 7,257
percentage of the basic project costs, whichever is greater. All 7,258
bonds and bond anticipation notes shall be issued in accordance 7,259
with Chapter 133. of the Revised Code, and notes may be renewed 7,260
as provided in section 133.22 of the Revised Code. 7,261
(B) The transfer of such funds of the school district 7,263
board available for the project, together with the proceeds of 7,264
the sale of the bonds or notes, except premium, accrued interest, 7,265
and interest included in the amount of the issue, to the school 7,266
district's project construction fund; 7,267
(C) The levy of the tax authorized at the election for the 7,269
payment of maintenance costs or the cost of purchasing the 7,271
classroom facilities;
(D) Ownership of the project during the period of 7,273
construction, which shall be divided between the commission and 7,275
the school district board in proportion to their respective 7,276
162
contributions to the school district's project construction fund; 7,278
(E) The transfer of the state's interest in the project to 7,280
the school district upon completion of the project; 7,281
(F) The insurance of the project by the school district 7,283
from the time there is an insurable interest therein and so long 7,284
as any part of the purchase price remains unpaid, in such amounts 7,285
and against such risks as the commission shall require; provided, 7,288
that the cost of any required insurance until the project is 7,289
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 7,291
management that funds are available and have been set aside to 7,292
meet the state's share of the basic project cost as approved by 7,294
the controlling board pursuant to section 3318.04 of the Revised 7,295
Code;
(H) Authorization of the school district board to 7,297
advertise for and receive construction bids for the project, for 7,298
and on behalf of the commission, and to award contracts in the 7,300
name of the state subject to approval by the commission; 7,301
(I) Provisions for the disbursement of moneys from the 7,303
school district's project account upon issuance by the commission 7,305
or the commission's designated representative of vouchers for 7,306
work done to be certified to the commission by the treasurer of 7,309
the school district board; 7,310
(J) Disposal of any balance left in the school district's 7,312
project construction fund upon completion of the project; 7,314
(K) Prohibition against alienation of any interest in the 7,316
project by the school district board or its successor in interest 7,317
without the consent of the commission so long as any part of the 7,319
purchase price of the project remains unpaid, but in no case 7,320
longer than twenty-three years; 7,321
(L) Limitations upon use of the project or any part of it 7,323
so long as any part of the purchase price of the project remains 7,324
unpaid, but in no case longer than twenty-three years; 7,325
(M) Suspension of the power to issue bonds or notes by the 7,327
163
school district board for permanent improvements without the 7,328
prior consent of the commission for so long as any part of the 7,330
purchase price of the project remains unpaid, but in no case 7,331
longer than twenty-three years; 7,332
(N) Provision for vesting absolute interest in the project 7,334
in the school district board when the purchase price has been 7,335
paid or at the expiration of the period of twenty-three years; 7,336
(O)(N) Provision for deposit of an executed copy of the 7,338
agreement in the office of the commission and the office of the 7,340
county recorder of the county or counties in which the project is 7,341
situated; 7,342
(P)(O) Provision for termination of the contract and 7,344
release of the funds encumbered at the time of the conditional 7,345
approval, if the proceeds of the sale of the bonds of the school 7,346
district board are not paid into the school district's project 7,347
construction fund and if bids for the construction of the project 7,350
have not been taken within such period after the execution of the 7,351
agreement as may be fixed by the commission; 7,352
(Q)(P) Provision for the school district to maintain the 7,354
project in accordance with a plan approved by the commission; 7,356
(R)(Q) Provision that all state funds reserved and 7,359
encumbered to pay the state share of the cost of the project 7,360
pursuant to section 3318.03 of the Revised Code be spent on the 7,361
construction or acquisition of the project prior to the 7,362
expenditure of any funds provided by the school district to pay 7,363
for its share of the project cost, unless the school district 7,364
certifies to the commission that expenditure by the school 7,365
district is necessary to maintain the tax-exempt status of notes 7,366
or bonds issued by the school district to pay for its share of 7,367
the project cost in which case, the school district may commit to 7,368
spend, or spend, a portion of the funds it provides. 7,369
Sec. 3318.10. When such working drawings, specifications, 7,378
and estimates of cost have been approved by the school district 7,379
board and the Ohio school facilities commission, the treasurer of 7,381
164
the school district board shall advertise for construction bids 7,382
for the project once a week for four THREE consecutive weeks in a 7,383
newspaper published in and of general circulation in the county 7,384
in which the project is located. Such notices shall state that 7,385
plans and specifications for the project are on file in the 7,386
office of the commission and such other place as may be 7,388
designated in such notice, and the time and place when and where 7,389
bids therefor will be received.
The form of proposal to be submitted by bidders shall be 7,391
supplied by the commission. Bidders may be permitted to bid upon 7,394
all the branches of work and materials to be furnished and
supplied, upon any branch thereof, or upon all or any thereof. 7,395
A proposal shall be invalid and not considered unless it 7,397
meets the requirements of section 153.54 of the Revised Code. 7,398
When the construction bids for all branches of work and 7,400
materials have been tabulated, the commission shall cause to be 7,401
prepared a revised estimate of the basic project cost based upon 7,404
the lowest responsible bids received. If such revised estimate 7,405
exceeds the estimated basic project cost as approved by the 7,406
controlling board pursuant to section 3318.04 of the Revised 7,407
Code, no contracts may be entered into pursuant to this section 7,408
unless such revised estimate is approved by the commission and by 7,409
the controlling board referred to in section 3318.04 of the 7,410
Revised Code. When such revised estimate has been prepared, and 7,411
after such approvals are given, if necessary, and if the school 7,412
district board has caused to be transferred to the project 7,413
construction fund the proceeds from the sale of the first or 7,415
first and final installment of its bonds or bond anticipation 7,416
notes pursuant to the provision of written agreement required by 7,417
division (B) of section 3318.08 of the Revised Code, and when the 7,418
director of budget and management has certified that there is a 7,419
balance in the appropriation, not otherwise obligated to pay 7,420
precedent obligations, pursuant to which the state's share of 7,421
such revised estimate is required to be paid, the contract for
165
all branches of work and materials to be furnished and supplied, 7,422
or for any branch thereof as determined by the school district 7,423
board, shall be awarded by the school district board to the 7,424
lowest responsible bidder subject to the approval of the 7,425
commission. Such award shall be made within thirty SIXTY days 7,428
after the date on which the bids are opened, and the successful 7,430
bidder shall enter into a contract within ten days after the 7,431
successful bidder is notified of the award of the contract. 7,432
Subject to the approval of the commission, the school 7,434
district board may reject all bids and readvertise. Any contract 7,437
made under this section shall be made in the name of the state 7,438
and executed on its behalf by the president and treasurer of the 7,439
school district board.
The provisions of sections 153.50 to 153.99 of the Revised 7,441
Code, which are applicable to construction contracts of boards of 7,442
education and which permit bids to be made for two or more trades 7,443
or kinds of work, shall apply to construction contracts for the 7,444
project to the exclusion of sections 153.01 to 153.20 of the 7,445
Revised Code applicable to state construction contracts. 7,446
The remedies afforded to any subcontractor, materials 7,448
supplier, laborer, mechanic, or persons furnishing material or 7,450
machinery for the project under sections 1311.26 to 1311.32 of 7,451
the Revised Code, shall apply to contracts entered into under 7,452
this section and the itemized statement required by section 7,453
1311.26 of the Revised Code shall be filed with the school 7,454
district board.
Sec. 3323.091. (A) The department of mental health, the 7,463
department of mental retardation and developmental disabilities, 7,464
the department of youth services, and the department of 7,465
rehabilitation and correction shall establish and maintain 7,466
special education programs for handicapped children in 7,467
institutions under their jurisdiction according to standards 7,468
adopted by the state board of education. The superintendent of 7,469
each institution providing special education under this chapter 7,470
166
may apply to the state department of education for unit funding, 7,471
which shall be paid in accordance with section SECTIONS 3317.161 7,472
AND 3317.162 of the Revised Code. 7,473
(B) On or before the thirtieth day of June of each year, 7,475
the superintendent of each institution that during the school 7,476
year provided special education pursuant to this section shall 7,477
prepare a statement for each handicapped child under twenty-two 7,478
years of age who has received special education. The statement 7,479
shall contain the child's name and the name of the child's school 7,480
district of residence. Within sixty days after receipt of such 7,481
statement, the department of education shall perform one of the 7,482
following: 7,483
(1) For any child except a handicapped preschool child 7,485
described in division (B)(2) of this section, pay to the 7,486
institution submitting the statement an amount equal to the 7,487
tuition calculated under division (A) of section 3317.08 of the 7,488
Revised Code for the period covered by the statement, and deduct 7,489
the same from the amount of state funds, if any, payable under 7,490
sections 3317.022 and 3317.023 of the Revised Code, to the 7,491
child's school district of residence or, if the amount of such 7,492
state funds is insufficient, require the child's school district 7,493
of residence to pay the institution submitting the statement an 7,494
amount equal to the amount determined under this division. 7,495
(2) For any handicapped preschool child not included in a 7,497
unit approved under division (B) of section 3317.05 of the 7,498
Revised Code, perform the following: 7,499
(a) Pay to the institution submitting the statement an 7,501
amount equal to the tuition calculated under division (B) of 7,502
section 3317.08 of the Revised Code for the period covered by the 7,503
statement, except that in calculating the tuition under that 7,504
section the operating expenses of the institution submitting the 7,505
statement under this section shall be used instead of the 7,506
operating expenses of the school district of residence; 7,507
(b) Deduct from the amount of state funds, if any, payable 7,509
167
under sections 3317.022 and 3317.023 of the Revised Code to the 7,510
child's school district of residence an amount equal to the 7,511
amount paid under division (B)(2)(a) of this section. 7,512
Sec. 3323.12. The board of education of a school district 7,521
shall provide home instruction for handicapped children three to 7,522
twenty-one years of age who are unable to attend school, even 7,523
with the help of special transportation. The board may arrange 7,524
for the provision of home instruction for a child by a
cooperative agreement or contract with a county board of mental 7,525
retardation and developmental disabilities or other educational 7,526
agency. For the purposes of determining average formula ADM 7,527
under section 3317.03 of the Revised Code, five hours of home 7,529
instruction shall be equivalent to attendance for five school 7,530
days.
Sec. 3345.122. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, 7,532
A MEMBER OF A BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER 7,533
EDUCATION, AS DEFINED IN SECTION 3345.12 OF THE REVISED CODE, IS 7,534
NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR
LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY IS CAUSED BY AN 7,535
EXPENDITURE MADE OR A CONTRACT ENTERED INTO BY THE INSTITUTION OF 7,536
HIGHER EDUCATION UNLESS THE TRUSTEE ACTED WITH MALICIOUS PURPOSE, 7,537
IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER WITH RESPECT TO 7,538
THE EXPENDITURE OR CONTRACT.
Sec. 3704.14. (A) As used in this section: 7,547
(1) "Basic motor vehicle inspection and maintenance 7,549
program" or "basic program" means a motor vehicle inspection and 7,550
maintenance program that complies with the requirements governing 7,551
motor vehicle inspection and maintenance programs under the 7,553
"Clean Air Act Amendments" and that is not an enhanced motor
vehicle inspection and maintenance program. 7,554
(2) "Clean Air Act Amendments" means the "Clean Air Act 7,556
Amendments of 1990," 91 Stat. 685, 42 U.S.C.A. 7401, as amended, 7,557
and regulations adopted under it. 7,558
(3) "Contractor" means any person who has entered into a 7,560
168
contract under division (D) of this section. 7,561
(4) "District of registration" means the district of 7,563
registration of a motor vehicle as determined under section 7,564
4503.10 of the Revised Code. 7,565
(5) "Enhanced motor vehicle inspection and maintenance 7,567
program" or "enhanced program" means a motor vehicle inspection 7,568
and maintenance program that complies with the requirements 7,569
governing an enhanced motor vehicle inspection and maintenance 7,570
program under the "Clean Air Act Amendments." 7,571
(6) "Licensee" means any person licensed under division 7,573
(C) of this section. 7,574
(7) "Metropolitan planning organization" means a 7,576
metropolitan planning organization designated under section 9(a) 7,577
of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 7,578
U.S.C.A. 134, as amended. 7,579
(8) "Motor vehicle" and "vehicle" have the same meanings 7,581
as in section 4501.01 of the Revised Code. 7,582
(9) "Waiver limit" means the cost of repairs needed for a 7,584
motor vehicle to pass a motor vehicle emissions inspection under 7,585
this section above which the owner of the motor vehicle need not 7,586
have the repairs performed on the vehicle and may receive a 7,587
waiver under division (F) of this section. For a motor vehicle 7,588
the district of registration of which is OR IS LOCATED in a 7,589
county classified as moderate nonattainment that is subject to a 7,591
basic or an enhanced motor vehicle inspection and maintenance 7,592
program, "waiver limit" means more than one hundred dollars for a 7,593
vehicle of a 1980 or earlier model year and more than two hundred 7,594
dollars for a vehicle of a 1981 or later model year. For a motor 7,595
vehicle the district of registration of which is in a county 7,596
classified as serious, severe, or extreme nonattainment and that 7,597
is subject to an enhanced motor vehicle inspection and 7,598
maintenance program, "waiver limit" means more than four hundred 7,599
fifty dollars. "Waiver limit" also includes the cumulative 7,600
amount of the annual adjustments to each of the amounts specified 7,601
169
in this division made by the director pursuant to regulations 7,602
adopted under section 502(b)(3)(B)(v) of the "Clean Air Act 7,603
Amendments." "Waiver limit" does not include the cost of any 7,604
repairs performed on a vehicle for the purpose of restoring the 7,605
vehicle in accordance with the findings of the visual 7,606
anti-tampering portion of a motor vehicle emissions inspection 7,607
conducted under this section. 7,608
(B) The director of environmental protection shall 7,610
implement and supervise a motor vehicle inspection and 7,611
maintenance program in any county classified as moderate, 7,612
serious, severe, or extreme nonattainment for carbon monoxide or 7,613
ozone in accordance with the "Clean Air Act Amendments." The 7,614
director shall implement and supervise a basic or an enhanced 7,615
motor vehicle inspection and maintenance program in a county that 7,616
is within an area classified as nonattainment for carbon monoxide 7,617
or ozone when such a program is included in the air quality 7,618
maintenance plan or contingency plan for the nonattainment area 7,619
that includes the county and that is submitted to the United 7,620
States environmental protection agency by the director as 7,621
required under section 175A of the "Clean Air Act Amendments" as 7,622
part of a request for redesignation of the nonattainment area as 7,623
attainment for carbon monoxide or ozone under section 107(d) of 7,624
that act, and the director determines that the conditions 7,625
requiring implementation of such a program and set forth in 7,626
either such plan have been met. The director shall implement and 7,627
supervise the enhanced program in any county as required under 7,628
section 3704.142 of the Revised Code. The director may terminate 7,629
the program in any county that is subject to this section in 7,630
accordance with division (K)(2) of this section. The director 7,631
shall adopt, and may amend or rescind, rules to facilitate the 7,632
implementation, supervision, administration, operation, and 7,633
enforcement of the program, including, without limitation, rules 7,634
providing for all of the following: 7,635
(1) The form of all inspection certificates, distribution 7,637
170
of inspection certificates to reinspection stations licensed 7,638
under division (C) of this section, and form and distribution of 7,639
any other papers or documents necessary or convenient to the 7,640
program. The rules shall include, without limitation, the 7,641
requirement that all inspection certificates bear a statement 7,642
that reads: "This automobile inspection is the result of 7,643
requirements under the Clean Air Act Amendments enacted by the 7,644
United States Congress. Any questions or comments you may have 7,645
about this program may be directed to your United States senator 7,646
in care of the United States Senate, The Capitol, Washington, 7,647
D.C. 20510 or to your United States representative in care of The 7,648
THE United States House of Representatives, The Capitol, 7,650
Washington, D.C. 20515." 7,651
(2) The replacement of lost or stolen certificates, 7,653
papers, or documents; 7,654
(3) Inspection procedures and standards to be used in 7,656
motor vehicle emissions inspections conducted under this section, 7,657
including, without limitation, a requirement that the inspections 7,658
test for carbon monoxide and hydrocarbons at idle or loaded mode 7,659
conditions; a requirement that the inspections test opacity for 7,660
particulates for diesel fueled vehicles; standards establishing 7,661
maximum allowable emissions of those pollutants, for both 7,662
gasoline fueled and diesel fueled vehicles, for each model year 7,663
of motor vehicles inspected; a requirement that beginning with 7,664
the 1994 model year, the inspections utilize the on-board 7,665
diagnostic computer links mandated by the "Clean Air Act 7,666
Amendments"; requirements governing the computerized exhaust 7,667
analyzer system to be used by any contractor conducting 7,668
inspections and any licensees conducting reinspections; tampering 7,669
parameter inspection procedures and standards to be used in the 7,670
visual anti-tampering portion of an inspection conducted under 7,671
this section; requirements governing the engine tune-up that 7,672
shall be performed on any motor vehicle that fails an inspection 7,673
conducted under this section, including, without limitation, 7,674
171
requirements that specific items be checked and repaired, 7,675
replaced, or adjusted as necessary to restore the motor vehicle 7,676
to proper working order or specifications; tailpipe emissions 7,677
improvement requirements specified by percentage; a waiver repair 7,678
verification system; and any other necessary waiver procedures 7,679
for motor vehicles that fail an inspection under this section; 7,680
(4) A system for the maintenance and reporting of 7,682
inspection and reinspection station data and records; 7,683
(5) The manner of identifying exempt vehicles; 7,685
(6) Inspection, and supervision thereof, of fleets and 7,687
governmental vehicles under divisions (G) and (H) of this 7,688
section; 7,689
(7) Establishment of specifications for an identification 7,691
sign that reinspection stations licensed under division (C) of 7,692
this section shall display in a conspicuous manner; 7,693
(8) The issuance of motor vehicle inspection certificates 7,695
only to reinspection stations licensed under division (C) of this 7,696
section that continue to comply with this section; 7,697
(9) The surveillance of reinspection stations licensed 7,699
under division (C) of this section and of inspection stations 7,700
operated by any contractor hired to conduct inspections under 7,701
this section to ensure that quality testing and this section and 7,702
rules adopted under it are being adhered to throughout the 7,703
inspection and reinspection process; 7,704
(10) The information to be included in applications for 7,706
licenses filed under division (C) of this section and the 7,707
procedure for filing those applications; 7,708
(11) The establishment of a referee inspection system by 7,710
the director to resolve disagreements between owners of motor 7,711
vehicles and inspection and reinspection stations regarding 7,712
inspection and reinspection results, including, without 7,713
limitation, procedures for the collection of an inspection fee 7,714
that a referee inspection station may charge for any motor 7,715
vehicle inspection conducted by it. The fee shall not exceed the 7,716
172
amount of the inspection or reinspection fee paid by the owner of 7,717
the motor vehicle established under division (D)(7) of this 7,718
section for the original inspection or a reinspection of the 7,719
motor vehicle under this section. 7,720
(12) The locations of computerized, high-volume, 7,722
contractor-operated motor vehicle inspection stations conducting 7,723
inspections for the purposes of this section. The rules shall 7,724
require both of the following: 7,725
(a) In urban metropolitan statistical areas and 7,727
consolidated metropolitan statistical areas, as defined by the 7,728
bureau of the census in the United States department of commerce, 7,729
eighty per cent of the population that is subject to this section 7,730
be no more than five miles from an inspection station and one 7,731
hundred per cent of that population be no more than ten miles 7,732
from an inspection station; 7,733
(b) In rural areas, as defined by the bureau of the census 7,735
in the United States department of commerce, one hundred per cent 7,736
of the population that is subject to this section be no more than 7,737
fifteen miles from an inspection station. 7,738
(13) A requirement that contractor-operated inspection 7,740
stations conducting inspections under this section be in 7,741
operation for at least forty-five hours per week, which shall 7,742
include, without limitation, operating hours in the evening and 7,743
on Saturdays; 7,744
(14) A requirement that any contractor hired to conduct 7,746
inspections under this section not allow vehicle waiting time to 7,747
exceed an average of fifteen minutes and the establishment of 7,748
minimum performance penalties for failure to comply with that 7,749
requirement; 7,750
(15) An adequate queuing area, as determined by the 7,752
director, at each contractor-operated inspection station 7,753
conducting inspections under this section. The rules adopted 7,754
under division (B)(15) of this section shall not arbitrarily 7,755
discriminate against any person who can reasonably CAN be 7,756
173
expected to submit a proposal under this section for any contract 7,757
provided for in division (D) of this section. 7,758
(16) Conditions for the suspension and revocation of 7,760
licenses and inspector certifications issued under this section; 7,761
(17) The commencement date of the basic motor vehicle 7,763
inspection and maintenance program established under this section 7,764
shall be July 1, 1994, in all affected counties classified as 7,765
moderate nonattainment for carbon monoxide or ozone under the 7,767
"Clean Air Act Amendments" on the effective date of this
amendment SEPTEMBER 27, 1993, other than Cuyahoga county. The 7,769
commencement date of the enhanced program in a county so 7,770
classified as moderate nonattainment for carbon monoxide or ozone 7,771
on the effective date of this amendment SEPTEMBER 27, 1993, for 7,772
which the implementation and supervision of the enhanced program 7,774
was requested under section 3704.142 of the Revised Code shall be 7,775
January 1, 1995. The commencement date of the program in any 7,776
other affected counties, other than Cuyahoga county, shall be the 7,777
date established by the director.
(18) A requirement that reinspections under the enhanced 7,779
motor vehicle inspection and maintenance program be conducted 7,780
only by a contractor hired to conduct inspections under this 7,781
section; 7,782
(19) A requirement that each inspection station operated 7,784
by a contractor, each licensed reinspection station, and each 7,785
referee inspection station, prominently display in a location 7,786
that is readily visible to persons whose motor vehicles are being 7,787
tested pursuant to this section a sign that contains the same 7,788
language that is required to be printed on inspection 7,789
certificates under division (B)(1) of this section. 7,790
(C)(1) The director of environmental protection shall 7,792
issue licenses for reinspection stations for the purposes of the 7,793
basic motor vehicle inspection and maintenance program 7,794
established under this section for two-year periods, except that 7,795
for the initial license period for any station, the director may 7,796
174
issue the license for a period not to exceed five years. The 7,797
director may include terms and conditions as part of any license 7,798
issued to ensure compliance with this section and rules adopted 7,799
under it. 7,800
The director may issue a license for each reinspection 7,802
station for which an application is filed that complies with this 7,803
section and rules adopted under it. Each application shall 7,804
include both of the following: 7,805
(a) A nonrefundable fee of one hundred dollars for each 7,807
initial license or a nonrefundable fee of fifty dollars for 7,808
renewal of any license; 7,809
(b) A demonstration that the reinspection station will 7,811
comply with this section and the director's rules adopted under 7,812
it. 7,813
(2) Each licensee shall conduct reinspections as required 7,815
by the director's rules. The licensee shall provide an 7,816
inspection certificate for vehicles that pass a reinspection 7,817
under this section. 7,818
(3) A licensee shall charge the fee under the basic 7,820
program that is established under division (D)(7) of this section 7,821
for any reinspection performed by the licensee under this 7,822
section. 7,823
(4) A licensee may charge each person for services. 7,825
However, fees for reinspection shall be separately stated from 7,826
any other charge to the person. 7,827
(5) No licensee shall require as a condition of performing 7,829
a reinspection that any needed repairs or adjustments to a 7,830
vehicle be done by the licensee. 7,831
(6) A licensee shall maintain and make available for 7,833
inspection by the director or the director's authorized 7,834
representative accurate records as required by rules adopted 7,836
under this section.
(7) The director shall credit the moneys the director 7,839
receives under division (C) of this section to the motor vehicle
175
inspection and maintenance fund created in division (I) of this 7,840
section. 7,841
(D)(1) The initial motor vehicle inspections conducted 7,843
under the basic motor vehicle inspection and maintenance program, 7,844
and all inspections and reinspections conducted under the 7,845
enhanced program, required under this section shall be conducted 7,846
by one or more private contractors. The director of 7,847
administrative services shall issue and award contracts pursuant 7,848
to a request for proposal process. In doing so, the director 7,849
shall consider factors in the interest of consumers, including at 7,850
least consumer price, service quality, service delivery time, and 7,851
convenience. The director shall use the director's best efforts 7,853
to secure as many proposals as possible for each contract to be 7,854
entered into under division (D) of this section, which shall 7,855
include the division of the state into independent zones for the 7,856
purpose of submission of the proposals and awarding of the 7,857
contracts. Each such zone shall consist of a consolidated 7,858
metropolitan statistical area or, if such an area does not exist, 7,859
of a metropolitan statistical area, as defined by the bureau of 7,860
the census of IN the United States department of commerce. 7,861
Contracts awarded under division (D) of this section are 7,863
subject to section 153.012 of the Revised Code. For the purpose 7,864
of that section, the operation of the motor vehicle inspection 7,865
and maintenance program is hereby deemed to be a public 7,866
improvement. 7,867
The director shall not enter into a contract for the 7,869
purposes of this section with any person holding a current, valid 7,870
contract to act as a deputy registrar under section 4503.03 of 7,871
the Revised Code. 7,872
A contractor shall be paid from moneys generated by the 7,874
applicable inspection fee established by the director of 7,875
environmental protection under division (D)(7) of this section. 7,876
No general revenue funds shall be used to pay any contractor. A 7,877
contractor shall assume, or in accordance with a lease required 7,878
176
under division (E) of this section shall provide for the 7,879
assumption of, all initial capital investment costs of the motor 7,880
vehicle inspection and maintenance program established under this 7,881
section with regard to the initial inspections and reinspections 7,882
required to be conducted by a contractor under this section and 7,883
shall amortize, or in accordance with such a lease shall provide 7,884
for the amortization of, those costs over the period of the 7,885
initial contract. 7,886
(2) The director of administrative services shall require 7,888
each potential contractor to include as a part of the potential 7,889
contractor's proposal detailed information concerning, without 7,891
limitation, all of the following: 7,892
(a) The financial condition of the potential contractor; 7,894
(b) Any specialized experience and technical competence of 7,896
the potential contractor in connection with the type of services 7,897
required for the program; 7,898
(c) The potential contractor's past record of performance 7,900
with other government agencies or public entities and with 7,901
private industry, including, without limitation, such matters as 7,902
the ability to meet schedules and the names of persons who will 7,903
serve as references concerning the quality of the potential 7,904
contractor's work; 7,905
(d) The capacity of the potential contractor to perform 7,907
the work within the specified time limitations; 7,908
(e) The potential contractor's proposed method and 7,910
equipment to accomplish the work required; 7,911
(f) The person from whom the potential contractor proposes 7,913
to lease real property, including land, buildings, and other 7,914
structures, necessary for the operation of the program as 7,915
required in division (E) of this section, including information 7,916
concerning at least all of the following: 7,917
(i) Any specialized experience and technical competence of 7,919
the person; 7,920
(ii) The person's past record of performance with other 7,922
177
government agencies or public entities and with private industry, 7,923
including the ability to meet schedules; 7,924
(iii) Names of individuals who will serve as references 7,926
concerning the quality of the person's work; 7,927
(iv) The capacity of the person to perform the work within 7,929
the specified time limitations. 7,930
(g) The potential contractor's proposed schedule for 7,932
leasing of inspection sites, equipping of facilities, training of 7,933
personnel, and implementation of a public education program. 7,934
Each potential contractor shall include with the potential 7,936
contractor's proposal a signed statement from the person 7,938
identified under division (D)(2)(f) of this section indicating 7,939
that the person understands the applicable requirements 7,940
established under this section and rules adopted under it and 7,941
intends to comply with those requirements. 7,942
(3) The director of administrative services shall require 7,944
a performance bond of not less than one million dollars. Each 7,945
proposal shall be accompanied by a letter of commitment from a 7,946
bonding company stating that if the proposal is accepted, the 7,947
bonding company will issue such a bond. 7,948
(4)(a) The director of administrative services shall 7,950
review all information submitted with proposals under division 7,951
(D)(2) of this section for compliance with proposal 7,952
specifications. The director may require any potential 7,953
contractor to supplement the potential contractor's proposal with 7,955
oral commentary for clarification of the proposal document and to 7,957
determine the qualifications of the potential contractor. Any 7,958
clarification of information included in the proposal also shall 7,959
be in writing. The director shall reject the proposal of any 7,960
potential contractor whom the director determines to be 7,961
unqualified.
(b) Although the director may require clarification of 7,963
information submitted with a proposal in accordance with division 7,964
(D)(4)(a) of this section, the director shall not change the 7,965
178
proposal specifications for a contract following the issuance of 7,966
the request for proposals for that contract. 7,967
(5)(a) The director of administrative services shall award 7,969
an initial contract for a period of operation of not more than 7,970
ten years. Except as otherwise provided in division (D)(5)(b) of 7,971
this section, a contract may be renewed for periods of not more 7,972
than five years each, by mutual agreement of the director and the 7,973
contractor. Any contract awarded under division (D)(5)(a) of 7,974
this section is subject to the approval of the controlling board. 7,975
(b) If the implementation and supervision of the enhanced 7,977
motor vehicle inspection and maintenance program in Cuyahoga 7,978
county is requested under section 3704.142 of the Revised Code 7,979
and the initial contract for the operation of the motor vehicle 7,980
inspection and maintenance program in that county is modified to 7,981
provide for the operation of the enhanced program in that county, 7,982
the initial contract for the operation of the motor vehicle 7,983
inspection and maintenance program in that county that is in 7,984
effect on the effective date of this amendment SEPTEMBER 27, 7,986
1993, as so modified, may be renewed for a period of not more 7,987
than ten years so that the first renewal of that contract will 7,988
expire on the same date as the initial contract for the operation 7,989
of the enhanced program in the other counties in the same 7,990
nonattainment area as Cuyahoga county. That first renewal shall 7,991
be made by mutual agreement of the director and the contractor 7,992
and is subject to the approval of the controlling board. Any 7,993
subsequent renewals of the contract for the operation of the 7,994
program in Cuyahoga county are subject to division (D)(5)(a) of 7,995
this section.
(6) A contract entered into under division (D) of this 7,997
section shall include, without limitation, all of the following 7,998
provisions: 7,999
(a) A requirement that the contractor enter into a lease 8,001
with the person identified in the contractor's proposal under 8,002
division (D)(2)(f) of this section for real property, including 8,003
179
land, buildings, and other structures, necessary for the 8,004
operation of the program as required in division (E) of this 8,005
section; 8,006
(b) A requirement that the contractor provide any 8,008
equipment, parts, tools, services, personnel, supplies, 8,009
materials, and program software and software updates, and design 8,010
and implement a comprehensive public information program, 8,011
necessary to conduct motor vehicle inspections and reinspections 8,012
required to be conducted by a contractor under this section and 8,013
data communication links for reinspection stations licensed under 8,014
division (C) of this section; 8,015
(c) A provision allowing reasonable compensation, as 8,017
determined by the director of environmental protection, as 8,018
liquidated damages to the contractor if the motor vehicle 8,019
inspection and maintenance program established under this section 8,020
is terminated by law or its operation is discontinued during the 8,021
term of a contract or renewal, including, without limitation, 8,022
reasonable compensation for the unamortized costs of the 8,023
buildings, improvements, equipment, parts, tools, services, 8,024
supplies, and materials used by the contractor in the operation 8,025
of the program and the value of the remaining term of the 8,026
contract to the contractor. If a dispute arises as to the amount 8,027
of the compensation to be paid, it shall be submitted to and 8,028
determined by the court of claims under Chapter 2743. of the 8,029
Revised Code. The contractor shall remit any compensation so 8,030
received for the unamortized costs of the buildings and 8,031
improvements to the person with whom the contractor has entered 8,032
into a lease in accordance with division (E) of this section. 8,033
(d) A provision specifying that the forms for inspection 8,035
certificates are to be furnished by the contractor to the 8,036
director of environmental protection and that they shall conform 8,037
to the standards established by the director of environmental 8,038
protection in rules adopted under division (B)(1) of this 8,039
section. The director of environmental protection shall 8,040
180
distribute the inspection certificates to reinspection stations 8,041
licensed under division (C) of this section as needed. 8,042
(e) A provision allowing the director to require the 8,044
contractor to upgrade testing equipment in response to 8,045
improvements in technology and to negotiate reasonable 8,046
compensation for that upgrading. 8,047
(7) The director of environmental protection shall 8,049
establish inspection and reinspection fees to be paid by owners 8,050
of motor vehicles inspected under this section, provided that an 8,051
owner shall pay the inspection fee for the initial, annual, or 8,052
biennial inspection, as appropriate, only if the owner's vehicle 8,053
passes that inspection. The. BEGINNING JULY 1, 1998, OR FIFTEEN 8,056
DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, WHICHEVER IS 8,057
LATER, AN OWNER SHALL PAY THE INSPECTION FEE FOR EACH INITIAL 8,058
INSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE DURING EACH 8,059
INSPECTION PERIOD. AN OWNER SHALL NOT PAY THE REINSPECTION FEE 8,060
FOR A FIRST REINSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE, 8,061
IF A REINSPECTION IS REQUIRED, UNLESS AN INSPECTION FEE WAS NOT 8,062
COLLECTED FOR THE MOTOR VEHICLE'S INITIAL INSPECTION. AN OWNER 8,063
SHALL PAY THE REINSPECTION FEE FOR THE SECOND AND EACH SUBSEQUENT 8,064
REINSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE, IF ANY, 8,065
DURING EACH INSPECTION PERIOD.
THE fees shall be sufficient to provide the contractor's 8,069
compensation identified in any contract entered into under 8,070
division (D) of this section plus the costs of the environmental 8,071
protection agency in implementing and administering the motor 8,072
vehicle inspection and maintenance program established in this 8,073
section. The inspection and reinspection fees shall not differ 8,074
in amount and shall not exceed ten dollars and fifty cents under 8,075
the basic motor vehicle inspection and maintenance program or 8,076
twenty-five dollars under the enhanced program. The director,
during the term of a contract or renewal, may increase the 8,077
inspection and reinspection fees if the director determines that 8,079
it is necessary to cover costs of the program, including 8,080
181
increased costs resulting from any upgrading of testing equipment 8,081
pursuant to division (D)(6)(e) of this section, or to prevent a 8,082
possible breach of contract, but shall not increase the fees 8,083
above ten dollars and fifty cents under the basic program or 8,084
twenty-five dollars under the enhanced program. 8,085
(8) The contractor shall do both of the following: 8,087
(a) Collect the fees established under division (D)(7) of 8,089
this section and forward to the director of environmental 8,090
protection the portion due the environmental protection agency; 8,091
(b) Maintain and make available for inspection by the 8,093
director of environmental protection, the auditor of state, or 8,094
their authorized representatives accurate records concerning the 8,095
collection of the fees. For the purposes of division (D)(8)(b) 8,096
of this section, record-keeping and accounting practices shall be 8,097
approved by the director. Failure to maintain or falsification 8,098
of fee collection records is grounds for breach of contract. 8,099
(9) The director of environmental protection shall credit 8,101
the moneys the director receives under division (D)(8)(a) of this 8,103
section to the motor vehicle inspection and maintenance fund 8,104
created in division (I) of this section. 8,105
(10) A contractor shall maintain and make available for 8,107
inspection by the director of environmental protection or the 8,108
director's authorized representative accurate records as required 8,109
by rules adopted under this section. 8,110
(11) If a contractor fails to perform an obligation 8,112
imposed by the contract entered into under division (D) of this 8,113
section, the director of environmental protection shall request 8,114
the attorney general to bring a civil action to recover the 8,115
amount of the bond executed under division (D)(3) of this section 8,116
as well as other appropriate relief. The director shall deposit 8,117
any moneys recovered in such a civil action in the motor vehicle 8,118
inspection and maintenance fund created in division (I) of this 8,119
section. 8,120
(12) The director of environmental protection shall 8,122
182
compile and periodically revise lists of reinspection stations 8,123
licensed under division (C) of this section and located within 8,124
individual areas that are subject to the basic motor vehicle 8,125
inspection and maintenance program under this section. Each such 8,126
list also shall contain the locations of inspection stations 8,127
operated by a contractor within the applicable area. A 8,128
contractor shall provide the appropriate list to any owner whose 8,129
motor vehicle fails the initial inspection required under this 8,130
section. 8,131
(13) The director of environmental protection shall 8,133
compile and periodically revise lists of inspection stations 8,134
operated by a contractor located within individual areas subject 8,135
to the enhanced motor vehicle inspection and maintenance program 8,136
under this section. A contractor shall provide the appropriate 8,137
list to any owner whose motor vehicle fails the initial 8,138
inspection required under this section. 8,139
(14) No owners, officers, or employees of a contractor 8,141
submitting a proposal or awarded a contract under division (D) of 8,142
this section shall have a principal interest in the person 8,143
identified by the contractor under division (D)(2)(f) of this 8,144
section or in any reinspection station licensed under division 8,145
(C) of this section. 8,146
(15) The department of administrative services may issue 8,148
to the environmental protection agency a release and permit under 8,149
section 125.06 of the Revised Code pursuant to which that agency 8,150
may issue and award a contract or contracts under division (D) of 8,151
this section. If a release and permit is issued, any reference 8,152
to the director of administrative services under divisions (D) 8,153
and (E) of this section is deemed to be a reference to the 8,154
director of environmental protection. 8,155
(E)(1) Notwithstanding section 3704.01 of the Revised 8,157
Code, as used in division (E) of this section, "person" has the 8,158
same meaning as in section 1.59 of the Revised Code. 8,159
(2) In order to fulfill the requirements of this section 8,161
183
and to comply with the "Clean Air Act Amendments," any contractor 8,163
that is awarded one or more contracts under division (D) of this 8,164
section shall enter into one or more assignable and renewable 8,165
leases with another person for the rental and use of real 8,166
property, including land, buildings, and other structures. 8,167
(3) The director of administrative services shall require 8,169
a contractor to make assignments of all leases under which the 8,170
contractor is lessee for real property to another contractor 8,171
awarded a contract under division (D) of this section. The 8,172
director shall require any contractor that is awarded a 8,173
subsequent contract under that division to renew the lease into 8,174
which the contractor entered under division (E)(2) of this 8,175
section, or, if a different contractor is awarded such a 8,176
subsequent contract, the director shall require that contractor 8,177
to enter into a lease with the person who was the lessor of the 8,178
previous contractor. 8,179
(F)(1)(a) Except as otherwise provided in this section and 8,181
rules adopted under it, the owner of any self-propelled motor 8,182
vehicle the district of registration of which is or is located in 8,183
a county that is subject to this section shall have the vehicle 8,184
inspected annually, within three hundred sixty-five days prior to 8,185
the registration deadline established pursuant to rules adopted 8,186
under section 4503.101 of the Revised Code, by a contractor in 8,187
accordance with rules adopted under division (B)(3) of this 8,188
section if that county is subject to the basic motor vehicle 8,189
inspection and maintenance program pursuant to rules adopted 8,190
under that division or shall have the vehicle so inspected 8,191
biennially within three hundred sixty-five days prior to the 8,192
registration deadline so established if that county is subject to 8,193
the enhanced program pursuant to those rules. If the district of 8,194
registration of the motor vehicle is or is located in a county 8,195
that is subject to the enhanced program pursuant to rules adopted 8,196
under division (B)(3) of this section, the owner of the motor 8,197
vehicle shall have it inspected and, if necessary, reinspected 8,198
184
only in a county that is subject to the enhanced program under 8,199
those rules. Any motor vehicle that fails the inspection shall 8,200
be reinspected in accordance with rules adopted under that 8,201
division. If the owner's vehicle passes the inspection or any 8,202
reinspection, the THE owner, at the time of the INITIAL 8,203
inspection or AND THE SECOND AND EACH SUBSEQUENT reinspection, IF 8,205
ANY, shall pay the applicable fee established under division 8,207
(D)(7) of this section. An owner of a motor vehicle the district 8,208
of registration of which is or is located in a county that is 8,209
subject to the basic program under this section and for which a 8,210
multi-year registration is in effect under section 4503.103 of 8,211
the Revised Code or rules adopted under it, in each of the years 8,212
intervening between the year of the issuance of that registration 8,213
and its expiration, shall have the vehicle inspected annually 8,214
within the three hundred sixty-five days prior to the anniversary 8,215
of the registration deadline applicable in the year in which the 8,216
multi-year registration was issued. An owner of a motor vehicle 8,217
the district of registration of which is or is located in a 8,218
county that is subject to the enhanced program under this section 8,219
for which a multi-year registration is in effect under section 8,220
4503.103 of the Revised Code or rules adopted under it, 8,221
biennially during the years intervening between the year of
issuance of that registration and its expiration, shall have the 8,222
vehicle inspected within three hundred sixty-five days prior to 8,223
each of the biennial anniversaries of the registration deadline 8,224
applicable in the year in which the multi-year registration was 8,225
issued. An owner who registers a motor vehicle after the 8,226
registration deadline for the vehicle has passed in a year in 8,227
which the vehicle is required to be inspected under division 8,228
(F)(1)(a) of this section may have the vehicle inspected at any 8,229
time between the registration deadline and the actual 8,230
registration date. 8,231
Division (F)(1) of this section does not require the 8,233
inspection of a motor vehicle upon transfer of ownership or 8,234
185
possession. 8,235
Except as otherwise provided in division (F)(3) or (4) of 8,237
this section, proof that an inspection certificate was issued for 8,238
a motor vehicle during the previous twelve months shall be 8,239
provided before the registrar of motor vehicles may issue license 8,240
plates for that vehicle under section 4503.40 or 4503.42 of the 8,241
Revised Code. 8,242
The owner of any motor vehicle that is required to be 8,244
inspected under this section, but that is leased to another 8,245
person may require the lessee to have the vehicle inspected and 8,246
obtain the inspection certificate on behalf of the owner. 8,247
(b) If a vehicle required to be inspected passes the 8,249
inspection, the contractor shall give the owner an inspection 8,250
certificate for the vehicle. 8,251
(c) The contractor shall include as part of the inspection 8,253
required under this section a visual anti-tampering inspection 8,254
that meets the requirements established by rules adopted under 8,255
division (B)(3) of this section. If the visual anti-tampering 8,256
inspection indicates that any emission control device has been 8,257
removed, modified, or impaired, the owner shall have performed on 8,258
the vehicle whatever repairs are necessary to pass the visual 8,259
anti-tampering inspection and to restore the vehicle to its 8,260
proper condition, including, without limitation, the restoration 8,261
of any emission control device that was removed, modified, or 8,262
impaired. If the district of registration of the vehicle is or 8,263
is located in a county that is subject to the basic motor vehicle 8,264
inspection and maintenance program under this section, the owner 8,265
then shall take the vehicle to a contractor or a licensee. If 8,266
the district of registration of the vehicle is or is located in a 8,267
county that is subject to the enhanced program under this 8,268
section, the owner then shall take the vehicle to a contractor. 8,269
If the contractor or licensee determines that the vehicle has 8,270
been restored to its proper condition and the vehicle then passes 8,271
the tailpipe emissions inspection required under this section, 8,272
186
the contractor or licensee shall give the owner an inspection 8,273
certificate for the vehicle. 8,274
(d) Except as otherwise provided in division (F)(1)(f) of 8,276
this section, if a vehicle required to be inspected under this 8,277
section fails the inspection, and the contractor's visual 8,278
anti-tampering inspection conducted under division (F)(1)(c) of 8,279
this section does not reveal any removal, modification, or 8,280
impairment of an emission control device or, if the original 8,281
visual anti-tampering inspection revealed such a removal, 8,282
modification, or impairment, the vehicle again fails the tailpipe 8,283
emissions inspection after the owner has performed all necessary 8,284
repairs to restore the vehicle to its proper condition, the owner 8,285
shall have the cost of repairs necessary to pass the tailpipe 8,286
emissions inspection estimated by a repair facility, which cost 8,287
shall include the cost of an engine tune-up. If the cost of the 8,288
repairs that are necessary for the vehicle to pass the tailpipe 8,289
emissions inspection do DOES not exceed the waiver limit for that 8,291
vehicle, the owner shall have the repairs performed on the 8,292
vehicle. The owner then shall have the vehicle reinspected by a 8,294
contractor or licensee. 8,295
If the vehicle passes the reinspection, the contractor or 8,297
licensee shall give the owner an inspection certificate for the 8,298
vehicle. If the vehicle fails the reinspection, and the cost of 8,299
the repairs already performed on the vehicle is less than the 8,300
applicable waiver limit, the owner shall have additional repairs 8,301
performed on the vehicle in order to enable it to pass another 8,302
reinspection. If, after repairs costing at least the applicable 8,303
waiver limit have been performed on the vehicle under division 8,304
(F)(1)(d) of this section, the vehicle fails the reinspection, 8,305
but the reinspection indicates an improvement in tailpipe 8,306
emissions of the pollutant concerning which the vehicle initially 8,307
failed the inspection as specified in rules adopted under 8,308
division (B)(3) of this section and if, following the repairs, no 8,309
emission levels increase above the standard established by rules 8,310
187
adopted under that division for any pollutant concerning which 8,311
the vehicle did not initially fail, the contractor shall give the 8,312
owner an inspection certificate for the vehicle that includes a 8,313
waiver indicating that the vehicle did not pass the required 8,314
inspection, but that the owner had repairs costing at least the 8,315
applicable waiver limit performed on the vehicle. 8,316
For the purposes of divisions (F)(1)(d) to (f) of this 8,318
section, only a contractor may do either of the following: 8,319
(i) Issue inspection certificates that include waivers; 8,321
(ii) Notwithstanding any provision of those divisions, 8,323
conduct reinspections of vehicles the district of registration of 8,324
which is or is located in a county that is subject to the 8,325
enhanced program under this section. 8,326
(e) Except as otherwise provided in division (F)(1)(f) of 8,328
this section, if the cost of the repairs that are necessary for 8,329
the vehicle to pass the tailpipe emissions inspection is 8,330
estimated to be more than the applicable waiver limit, the owner 8,331
need not have all of those repairs performed on the vehicle, but 8,332
shall have an engine tune-up performed on the vehicle that meets 8,333
the standards established by rules adopted under division (B)(3) 8,334
of this section as well as any other necessary repairs the cost 8,335
of which, together with the cost of the engine tune-up, equals at 8,336
least the applicable waiver limit. Upon the owner's presentation 8,337
of original repair receipts attesting that repairs costing at 8,338
least the applicable waiver limit, including, without limitation, 8,339
the engine tune-up required under division (F)(1)(e) of this 8,340
section, have been performed on the vehicle, the contractor or 8,341
licensee shall reinspect the vehicle to determine the 8,342
effectiveness of the required engine tune-up. If the 8,343
reinspection indicates an improvement in tailpipe emissions of 8,344
the pollutant concerning which the vehicle initially failed the 8,345
inspection as specified in rules adopted under division (B)(3) of 8,346
this section and if, following the engine tune-up, no emission 8,347
levels increase above the standard established by rules adopted 8,348
188
under that division for any pollutant concerning which the 8,349
vehicle did not initially fail, the contractor shall give the 8,351
owner an inspection certificate for the vehicle that includes a 8,352
waiver indicating that the vehicle did not pass the required 8,353
inspection, but that the owner complied with all requirements 8,354
governing waivers.
(f) If a vehicle required to be inspected under this 8,356
section fails the inspection, and the contractor's visual 8,357
anti-tampering inspection conducted under division (F)(1)(c) of 8,358
this section does not reveal any removal, modification, or 8,359
impairment of an emission control device or, if the original 8,360
visual anti-tampering inspection revealed such a removal, 8,361
modification, or impairment, the vehicle again fails the tailpipe 8,362
emissions inspection after the owner has performed all necessary 8,363
repairs to restore the vehicle to its proper condition, the owner 8,364
may perform the repairs necessary for the vehicle to pass the 8,366
tailpipe emissions inspection. The owner shall keep a detailed 8,367
record of the costs incurred in performing those repairs. After 8,368
performing repairs on the vehicle costing not more than the 8,369
applicable waiver limit, the owner shall have the vehicle 8,370
reinspected by the contractor or a licensee.
If the vehicle passes the reinspection, the contractor or 8,372
licensee shall give the owner an inspection certificate for the 8,373
vehicle. If the vehicle fails the reinspection and the 8,374
documented cost of the repairs performed by the owner is less 8,375
than the applicable waiver limit, the owner shall have the cost 8,376
of repairs necessary to pass the tailpipe emissions inspection 8,377
estimated by a repair facility. The estimate shall include, 8,378
without limitation, the cost of an engine tune-up that meets the 8,379
standards established by rules adopted under division (B)(3) of 8,380
this section. If the cost of the engine tune-up, together with 8,381
the documented cost of the repairs performed by the owner, does 8,382
not exceed the applicable waiver limit, the owner shall have the 8,383
engine tune-up performed on the vehicle as well as any other 8,384
189
necessary repairs the cost of which, together with that 8,385
documented cost and the cost of the engine tune-up, equals at 8,386
least the applicable waiver limit. 8,387
If the documented cost of repairs performed by the owner 8,389
and the estimated cost of an engine tune-up that meets the 8,390
standards established in rules adopted under division (B)(3) of 8,391
this section exceed the applicable waiver limit, the owner shall 8,392
have additional repairs performed on the vehicle by a repair 8,393
facility in order to enable it to pass another reinspection or 8,394
until a minimum expenditure equal to the applicable waiver limit 8,395
is met, whichever occurs first. 8,396
If, after repairs costing at least the applicable waiver 8,398
limit have been performed on the vehicle under division (F)(1)(f) 8,399
of this section, the vehicle fails the tailpipe reinspection, but 8,400
the reinspection indicates an improvement in the tailpipe 8,401
emissions of the pollutant concerning which the vehicle initially 8,402
failed the inspection as specified in rules adopted under 8,403
division (B)(3) of this section and if, following the repairs, no 8,404
emission levels increase above the standard established by rules 8,405
adopted under that division for any pollutant concerning which 8,406
the vehicle did not initially fail, the contractor shall give the 8,407
owner an inspection certificate for the vehicle that includes a 8,408
waiver indicating that the vehicle did not pass the required 8,409
inspection, but that the owner performed or had performed on the 8,410
vehicle repairs costing at least the applicable waiver limit. 8,411
(g) If a motor vehicle that is required to be inspected 8,413
under this section is covered by a valid and unexpired emission 8,414
performance warranty as provided under section 207(b) of the 8,416
"Clean Air Act Amendments," the owner shall have any repairs
necessary for the vehicle to pass that inspection performed on 8,417
the vehicle under that warranty. Such a vehicle is not eligible 8,418
for a waiver under division (F)(1)(d), (e), or (f) of this 8,419
section. 8,420
(2) An owner or lessee of a motor vehicle required to be 8,422
190
inspected under this section and applicable rules adopted under 8,423
it shall present an inspection certificate issued for that 8,424
vehicle by a contractor or a licensee under this section when 8,425
registering the vehicle under Chapter 4503. of the Revised Code. 8,426
(3) The following motor vehicles are exempt from the 8,428
inspection requirements of this section and applicable rules 8,429
adopted under it: 8,430
(a) Vehicles over twenty-five years old, as determined by 8,432
model year, on the date on which proof of an annual inspection 8,433
otherwise would be required to be submitted with an application 8,434
for registration of the vehicles under this section and Chapter 8,435
4503. of the Revised Code; 8,436
(b) Vehicles registered to military personnel assigned to 8,438
military reservations outside this state, the district of 8,439
registration of which is or is located in any county that is 8,440
subject to this section; 8,441
(c) Passenger cars and noncommercial motor vehicles, as 8,443
defined in section 4501.01 of the Revised Code, that weigh over 8,444
ten thousand pounds gross vehicle weight; 8,445
(d) Commercial cars, as defined in section 4501.01 of the 8,447
Revised Code, having a taxable gross vehicle weight of more than 8,448
ten thousand pounds as provided in section 4503.042 of the 8,449
Revised Code; 8,450
(e) Historical vehicles registered under section 4503.181 8,452
of the Revised Code; 8,453
(f) Licensed collector's vehicles as defined in section 8,455
4501.01 of the Revised Code; 8,456
(g) Parade and exhibition vehicles registered under 8,458
section 4503.18 of the Revised Code; 8,459
(h) Motorcycles as defined in section 4511.01 of the 8,461
Revised Code; 8,462
(i) Electrically powered and alternatively fueled 8,464
vehicles, including at least those that are equipped to operate 8,465
using primarily one hundred per cent propane, butane, hydrogen, 8,466
191
alcohol, or natural gas as fuel; 8,467
(j) Recreational vehicles as defined in section 4501.01 of 8,469
the Revised Code. 8,470
(4) A motor vehicle, the legal title to which has never 8,472
been transferred by a manufacturer, distributor, or dealer to an 8,473
ultimate purchaser as defined in section 4517.01 of the Revised 8,475
Code, is exempt from the inspection requirements of this section 8,476
and rules adopted under it for a period of one year commencing on 8,477
the date when the first certificate of title to the vehicle was 8,478
issued on behalf of the ultimate purchaser under Chapter 4503. of 8,479
the Revised Code if the district of registration of the vehicle 8,480
is or is located in a county that is subject to the basic motor 8,481
vehicle inspection and maintenance program under this section and 8,482
rules adopted under it or is exempt from those inspection 8,483
requirements for a period of two years commencing on the date 8,484
when the first certificate of title to the vehicle was issued on 8,485
behalf of the ultimate purchaser under that chapter if the 8,486
district of registration of the vehicle is or is located in a 8,487
county that is subject to the enhanced program under this section 8,488
and rules adopted under it.
(5) The director shall notify, by mail, the owners of all 8,490
motor vehicles, the district of registration of which is or is 8,491
located in any county that is subject to this section, of the 8,492
applicable requirements established under this section. 8,493
(G) The owner of a fleet of twenty-five or more vehicles 8,496
required to be inspected under this section, instead of having 8,497
the owner's motor vehicles inspected by a contractor or 8,498
reinspected by a contractor or a licensee, may conduct 8,499
self-inspection of those vehicles in accordance with rules
adopted by the director of environmental protection under this 8,501
section. The rules shall establish, without limitation, 8,502
requirements governing inspections and reinspections conducted by 8,503
any such owner, any inspection stations owned and operated by any 8,504
such owner for that purpose, and inspection equipment used for 8,505
192
that purpose; an annual reporting requirement to assist the 8,506
director in determining compliance with this division; and the 8,507
method of and procedures for payment of a fee that shall not 8,508
exceed three dollars for each vehicle that is included in the 8,509
self-inspection program.
(H) The federal government, the state, any political 8,511
subdivision, and any agency or instrumentality of those entities, 8,512
in accordance with rules adopted by the director of environmental 8,513
protection under this section, shall have inspected by a 8,514
contractor or reinspected by a contractor or a licensee or shall 8,515
self-inspect any motor vehicles that they own and operate in any 8,516
county that is subject to this section. The director shall adopt 8,517
rules under this section for the purposes of this division. The 8,518
rules shall establish, without limitation, an annual reporting 8,519
requirement to assist the director in determining compliance with 8,520
this division. The director may issue a notice of violation to a 8,521
governmental entity that the director finds has violated any 8,522
specific prohibition or has failed to comply with any affirmative 8,523
requirement of this section or any rule adopted under it. The 8,524
notice of violation shall set forth the specific violation or 8,525
failure to comply allegedly committed by the governmental entity 8,526
and shall be accompanied by an order requiring the governmental 8,527
entity to pay to the director the appropriate civil penalty 8,528
prescribed in this division. A governmental entity that receives 8,529
a notice of violation and order under this division for a 8,530
violation or failure to comply is liable for a civil penalty of 8,531
two hundred fifty dollars. The director may request the attorney 8,532
general to take appropriate action to effect compliance. 8,533
Notwithstanding division (A) of this section, as used in this 8,534
division, "motor vehicle" has the same meaning as in section 8,535
4511.01 of the Revised Code. 8,536
(I) There is hereby created in the state treasury the 8,538
motor vehicle inspection and maintenance fund, which shall 8,539
consist of moneys received by the director under this section and 8,540
193
section 3704.17 of the Revised Code. The director shall use 8,541
moneys in the fund solely for administration, supervision, and 8,542
enforcement of the program established under this section and 8,543
rules adopted under it and public education concerning the 8,544
program. 8,545
(J) The director periodically shall review the information 8,547
submitted to the director by licensed reinspection stations 8,548
pursuant to rules adopted under division (C)(6) of this section, 8,550
information submitted to the director by any contractor under 8,551
division (D)(10) of this section, annual reports submitted by 8,553
motor vehicle fleet owners under division (G) of this section and 8,554
rules adopted under that division, and the list of motor vehicles 8,555
for which multi-year registrations are in effect provided to the 8,556
director under division (I)(2)(b) of section 4503.10 of the 8,558
Revised Code, as necessary to determine whether owners of motor 8,559
vehicles who have obtained multi-year registrations under section 8,560
4503.103 of the Revised Code or rules adopted under it have 8,561
complied with the requirement of division (F)(1)(a) of this 8,562
section to have their vehicles inspected and obtain inspection 8,563
certificates for them annually or biennially, whichever is 8,564
applicable. If the director finds from that information that, in 8,565
a year intervening between the years of issuance and expiration 8,566
of a multi-year registration in which an owner is required to 8,567
have a vehicle inspected and obtain an inspection certificate for 8,568
it under that division, the owner has not done so within the 8,569
applicable three hundred sixty-five day period, the director 8,570
immediately shall send written notice of that fact to the 8,572
registrar of motor vehicles. Upon receipt of information
submitted pursuant to rules adopted under division (C)(6) of this 8,573
section, information submitted under division (D)(10) of this 8,574
section, or the annual report of a fleet owner submitted pursuant 8,575
to rules adopted under division (G) of this section indicating 8,576
that an owner who was the subject of an earlier notice to the 8,577
registrar under this division has had the vehicle named in the 8,578
194
notice inspected and has obtained an inspection certificate for 8,579
it in compliance with division (F)(1)(a) of this section, the 8,580
director immediately shall send written notice of that fact to 8,581
the registrar. 8,582
(K)(1)(a) If a redesignation request demonstrating 8,584
compliance with the national ambient air quality standard for 8,585
carbon monoxide or ozone in a county designated as nonattainment 8,586
for carbon monoxide or ozone and demonstrating that operation of 8,587
a motor vehicle inspection and maintenance program is not 8,588
necessary for attainment and maintenance of those standards in 8,589
that county has been submitted to and is pending before the 8,590
United States environmental protection agency under the "Clean 8,591
Air Act Amendments," and if no release and permit has been issued 8,592
to the environmental protection agency under division (D)(14)(15) 8,594
of this section and section 125.06 of the Revised Code, the 8,595
director of environmental protection may submit a written request 8,596
to the director of administrative services to indefinitely delay 8,597
the issuance of a request for proposals or the award of a 8,598
contract under division (D) of this section for the operation of 8,599
a motor vehicle inspection and maintenance program in that county 8,600
or, if such a request for proposals has been issued under that 8,601
division, to withdraw it. Upon receipt of such a written request 8,602
from the director of environmental protection, the director of 8,603
administrative services shall take the requested actions. 8,604
(b) If a release and permit has been issued to the 8,606
environmental protection agency under division (D)(14)(15) of 8,607
this section and section 125.06 of the Revised Code, the director 8,609
of environmental protection may indefinitely delay the issuance 8,610
of a request for proposals and award of a contract under division 8,611
(D) of this section for the operation of a motor vehicle 8,612
inspection and maintenance program or may withdraw any such 8,613
request that has been issued under that division in connection 8,614
with a county for which a redesignation request making the 8,615
demonstrations described in division (K)(1)(a) of this section 8,616
195
has been submitted to and is pending before the United States 8,617
environmental protection agency under the "Clean Air Act 8,618
Amendments."
(c) If no release and permit has been issued to the 8,620
environmental protection agency under division (D)(14)(15) of 8,621
this section and section 125.06 of the Revised Code, the director 8,623
of environmental protection may submit a written request to the 8,624
director of administrative services to proceed with the issuance 8,625
of a request for proposals and the award of a contract for the 8,626
operation of a motor vehicle inspection and maintenance program 8,627
under division (D) of this section in a county for which a 8,628
redesignation request described in division (K)(1)(a) of this 8,629
section was submitted to the United States environmental 8,630
protection agency or, if such a release and permit has been 8,631
issued to the environmental protection agency, the director of 8,632
environmental protection may proceed with the issuance of such a 8,633
request under either of the following circumstances: 8,634
(i) Upon disapproval of the redesignation request by the 8,636
United States environmental protection agency; 8,637
(ii) Upon approval of the redesignation request by the 8,639
United States environmental protection agency if the director of 8,640
environmental protection determines that operation of a motor 8,641
vehicle inspection and maintenance program in the county is 8,642
necessary to protect and maintain compliance with the national 8,643
ambient air quality standard for carbon monoxide or ozone in the 8,644
county. 8,645
If no such release and permit has been issued to the 8,647
environmental protection agency, the director of administrative 8,648
services, upon receipt of a written request from the director of 8,649
environmental protection under division (K)(1)(c) of this 8,650
section, shall take the requested actions. 8,651
(2) If at any time air quality monitoring data in any 8,653
county where a motor vehicle inspection and maintenance program 8,654
is required under this section and rules adopted under it 8,655
196
demonstrate that that county has attained and maintained 8,656
compliance for three consecutive years with the national ambient 8,657
air quality standard for carbon monoxide or ozone under the 8,659
"Clean Air Act Amendments," the director, at the earliest
possible date, shall prepare and submit to the administrator of 8,660
the United States environmental protection agency a demonstration 8,661
that such attainment has been so achieved and maintained in that 8,662
county. If the administrator approves the director's submittal 8,663
as demonstrating that compliance with the national ambient air 8,664
quality standard for carbon monoxide or ozone under that act has 8,665
been achieved and maintained in the county and if the director 8,666
determines that continued operation of a motor vehicle inspection 8,667
and maintenance program in the county is not necessary to protect 8,668
and maintain compliance with the national ambient air quality 8,669
standard for carbon monoxide or ozone, the director may rescind 8,670
the rules adopted under division (B) of this section requiring 8,671
implementation and operation of the program in that county. A 8,672
rescission shall take effect in such a county on the date of the 8,673
expiration of the contract or renewal thereof provided for in 8,674
division (D) of this section that next succeeds the 8,675
administrator's approval of the demonstration in that county. 8,676
(L) There is hereby created the motor vehicle inspection 8,678
and maintenance program legislative oversight committee, which 8,679
shall be comprised of six members. The speaker of the house of 8,680
representatives shall appoint three members of the house of 8,681
representatives to the committee, not more than two of whom shall 8,682
be from any one political party, and the president of the senate 8,683
shall appoint three members of the senate to the committee, not 8,684
more than two of whom shall be from any one political party. 8,685
Each member shall serve at the pleasure of the member's 8,686
appointing authority. During the first year of any legislative 8,687
session, the chairman CHAIRPERSON of the committee shall be a 8,688
member from the house of representatives and the vice-chairman 8,690
VICE-CHAIRPERSON shall be a member from the senate, as designated 8,691
197
by their appointing authorities. During the second year of any 8,692
legislative session, the chairman CHAIRPERSON shall be a member 8,693
from the senate and the vice-chairman VICE-CHAIRPERSON shall be a 8,694
member from the house of representatives, as designated by their 8,695
appointing authorities.
The committee shall monitor the motor vehicle inspection 8,697
and maintenance program established under this section and, in 8,698
doing so, shall work in complete cooperation with the Ohio 8,699
environmental protection agency and the United States 8,700
environmental protection agency. The former agency shall provide 8,701
to the committee any data, reports, and other information and 8,702
materials requested by the committee. 8,703
The director shall notify the committee whenever the 8,705
program established under this section is required to be 8,706
implemented in a county because of a change in that county's 8,707
nonattainment classification under the "Clean Air Act Amendments" 8,709
or if an enhanced program is required to be implemented in a 8,710
county under section 3704.142 of the Revised Code. 8,711
If at any time the program established under this section 8,713
is terminated, the committee shall cease to exist on the date of 8,714
termination. 8,715
(M) Implementation of the motor vehicle inspection and 8,717
maintenance program established under this section is an 8,718
essential state function mandated by the "Clean Air Act 8,719
Amendments." The director or the director's authorized 8,720
representative may perform essential governmental duties that are 8,722
necessary to implement the program properly within any county 8,723
that is subject to this section, including at least the placement 8,724
of directional traffic signs to assist citizens in finding 8,725
inspection stations. The director or the director's authorized 8,726
representative need not comply with any applicable ordinances or 8,728
resolutions of any political subdivisions if that compliance 8,729
would prevent the director or the director's authorized 8,730
representative from performing any such essential governmental 8,731
198
duties.
Sec. 3734.57. (A) For the purposes of paying the state's 8,740
long-term operation costs or matching share for actions taken 8,741
under the "Comprehensive Environmental Response, Compensation, 8,742
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 8,743
amended; paying the costs of measures for proper clean-up of 8,744
sites where polychlorinated biphenyls and substances, equipment, 8,745
and devices containing or contaminated with polychlorinated 8,746
biphenyls have been stored or disposed of; paying the costs of 8,747
conducting surveys or investigations of solid waste facilities or 8,748
other locations where it is believed that significant quantities 8,749
of hazardous waste were disposed of and for conducting 8,750
enforcement actions arising from the findings of such surveys or 8,751
investigations; and paying the costs of acquiring and cleaning 8,752
up, or providing financial assistance for cleaning up, any 8,753
hazardous waste facility or solid waste facility containing 8,754
significant quantities of hazardous waste, that constitutes an 8,755
imminent and substantial threat to public health or safety or the 8,756
environment; and, from July 1, 1995 1997, through June 30, 1997 8,758
1999, for the purposes of paying the costs of administering and 8,759
enforcing the laws pertaining to solid wastes, infectious wastes, 8,760
and construction and demolition debris, including, without 8,761
limitation, ground water evaluations related to solid wastes, 8,762
infectious wastes, and construction and demolition debris, under 8,763
this chapter and Chapter 3714. of the Revised Code and any rules 8,764
adopted under them, and paying a share of the administrative 8,765
costs of the environmental protection agency pursuant to section 8,766
3745.014 of the Revised Code, the following fees are hereby 8,767
levied on the disposal of solid wastes in this state: 8,768
(1) One dollar per ton on and after July 1, 1993; 8,770
(2) An additional seventy-five cents per ton on and after 8,773
July 1, 1997, through June 30, 1999. 8,774
The owner or operator of a solid waste disposal facility 8,776
shall collect the fees levied under this division as a trustee 8,777
199
for the state and shall prepare and file with the director of 8,778
environmental protection monthly returns indicating the total 8,779
tonnage of solid wastes received for disposal at the gate of the 8,780
facility and the total amount of the fees collected under this 8,781
division. Not later than thirty days after the last day of the 8,782
month to which such a return applies, the owner or operator shall 8,783
mail to the director the return for that month together with the 8,784
fees collected during that month as indicated on the return. The 8,785
owner or operator may request an extension of not more than 8,786
thirty days for filing the return and remitting the fees, 8,787
provided that the owner or operator has submitted such a request 8,789
in writing to the director together with a detailed description 8,790
of why the extension is requested, the director has received the 8,791
request not later than the day on which the return is required to 8,792
be filed, and the director has approved the request. If the fees 8,793
are not remitted within sixty days after the last day of the 8,794
month during which they were collected, the owner or operator 8,795
shall pay an additional fifty per cent of the amount of the fees 8,796
for each month that they are late. 8,797
One-half of the moneys remitted to the director under 8,799
division (A)(1) of this section shall be credited to the 8,800
hazardous waste facility management fund created in section 8,801
3734.18 of the Revised Code, and one-half shall be credited to 8,802
the hazardous waste clean-up fund created in section 3734.28 of 8,803
the Revised Code. The moneys remitted to the director under 8,804
division (A)(2) of this section shall be credited to the solid 8,805
waste fund, which is hereby created in the state treasury. The 8,806
environmental protection agency shall use moneys in the solid 8,807
waste fund only to pay the costs of administering and enforcing 8,808
the laws pertaining to solid wastes, infectious wastes, and 8,809
construction and demolition debris, including, without 8,810
limitation, ground water evaluations related to solid wastes, 8,811
infectious wastes, and construction and demolition debris, under 8,812
this chapter and Chapter 3714. of the Revised Code and rules 8,813
200
adopted under them and to pay a share of the administrative costs 8,815
of the environmental protection agency pursuant to section 8,816
3745.014 of the Revised Code. 8,817
The fees levied under this division and divisions (B) and 8,819
(C) of this section are in addition to all other applicable fees 8,820
and taxes and shall be added to any other fee or amount specified 8,821
in a contract that is charged by the owner or operator of a solid 8,822
waste disposal facility or to any other fee or amount that is 8,823
specified in a contract entered into on or after March 4, 1992, 8,824
and that is charged by a transporter of solid wastes. 8,825
(B) For the purpose of preparing, revising, and 8,827
implementing the solid waste management plan of the county or 8,828
joint solid waste management district, including, without 8,829
limitation, the development and implementation of solid waste 8,830
recycling or reduction programs; providing financial assistance 8,831
to boards of health within the district, if solid waste 8,832
facilities are located within the district, for the enforcement 8,833
of this chapter and rules adopted and orders and terms and 8,835
conditions of permits, licenses, and variances issued under it, 8,836
other than the hazardous waste provisions of this chapter and 8,837
rules adopted and orders and terms and conditions of permits 8,838
issued under those provisions; providing financial assistance to 8,840
the county to defray the added costs of maintaining roads and 8,841
other public facilities and of providing emergency and other 8,842
public services resulting from the location and operation of a 8,843
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 8,844
by boards of health for collecting and analyzing water samples 8,845
from public or private wells on lands adjacent to solid waste 8,846
facilities that are contained in the approved or amended plan of 8,847
the district; paying the costs of developing and implementing a 8,848
program for the inspection of solid wastes generated outside the 8,849
boundaries of this state that are disposed of at solid waste 8,850
facilities included in the district's approved solid waste 8,851
201
management plan or amended plan; providing financial assistance 8,852
to boards of health within the district for enforcing laws 8,853
prohibiting open dumping; providing financial assistance to local 8,854
law enforcement agencies within the district for enforcing laws 8,855
and ordinances prohibiting littering; providing financial 8,856
assistance to boards of health of health districts within the 8,857
district that are on the approved list under section 3734.08 of 8,858
the Revised Code for the training and certification required for 8,859
their employees responsible for solid waste enforcement by rules 8,860
adopted under division (L) of section 3734.02 of the Revised 8,861
Code; providing financial assistance to individual municipal 8,862
corporations and townships within the district to defray their 8,863
added costs of maintaining roads and other public facilities and 8,864
of providing emergency and other public services resulting from 8,865
the location and operation within their boundaries of a 8,866
composting, energy or resource recovery, incineration, or 8,867
recycling facility that either is owned by the district or is 8,868
furnishing solid waste management facility or recycling services 8,869
to the district pursuant to a contract or agreement with the 8,870
board of county commissioners or directors of the district; and 8,871
payment of any expenses that are agreed to, awarded, or ordered 8,872
to be paid under section 3734.35 of the Revised Code and of any 8,874
administrative costs incurred pursuant to that section, the solid 8,875
waste management policy committee of a county or joint solid 8,876
waste management district may levy fees upon the following
activities: 8,877
(1) The disposal at a solid waste disposal facility 8,879
located in the district of solid wastes generated within the 8,880
district; 8,881
(2) The disposal at a solid waste disposal facility within 8,883
the district of solid wastes generated outside the boundaries of 8,884
the district, but inside this state; 8,885
(3) The disposal at a solid waste disposal facility within 8,887
the district of solid wastes generated outside the boundaries of 8,888
202
this state. 8,889
If any such fees are levied prior to January 1, 1994, fees 8,891
levied under division (B)(1) of this section always shall be 8,892
equal to one-half of the fees levied under division (B)(2) of 8,893
this section, and fees levied under division (B)(3) of this 8,894
section, which shall be in addition to fees levied under division 8,895
(B)(2) of this section, always shall be equal to fees levied 8,896
under division (B)(1) of this section, except as otherwise 8,897
provided in this division. The solid waste management plan of 8,898
the county or joint district approved under section 3734.521 or 8,899
3734.55 of the Revised Code and any amendments to it, or the 8,900
resolution adopted under this division, as appropriate, shall 8,901
establish the rates of the fees levied under divisions (B)(1), 8,902
(2), and (3) of this section, if any, and shall specify whether 8,903
the fees are levied on the basis of tons or cubic yards as the 8,904
unit of measurement. Although the fees under divisions (A)(1) 8,905
and (2) of this section are levied on the basis of tons as the 8,906
unit of measurement, the solid waste management plan of the 8,907
district and any amendments to it or the solid waste management 8,908
policy committee in its resolution levying fees under this 8,909
division may direct that the fees levied under those divisions be 8,910
levied on the basis of cubic yards as the unit of measurement 8,911
based upon a conversion factor of three cubic yards per ton 8,912
generally or one cubic yard per ton for baled wastes if the fees 8,913
under divisions (B)(1) to (3) of this section are being levied on 8,914
the basis of cubic yards as the unit of measurement under the 8,915
plan, amended plan, or resolution. 8,916
On and after January 1, 1994, the fee levied under division 8,918
(B)(1) of this section shall be not less than one dollar per ton 8,919
nor more than two dollars per ton, the fee levied under division 8,920
(B)(2) of this section shall be not less than two dollars per ton 8,921
nor more than four dollars per ton, and the fee levied under 8,922
division (B)(3) of this section shall be not more than the fee 8,923
levied under division (B)(1) of this section, except as otherwise 8,924
203
provided in this division and notwithstanding any schedule of 8,925
those fees established in the solid waste management plan of a 8,926
county or joint district approved under section 3734.55 of the 8,927
Revised Code or a resolution adopted and ratified under this 8,928
division that is in effect on that date. If the fee that a 8,929
district is levying under division (B)(1) of this section on that 8,930
date under its approved plan or such a resolution is less than 8,931
one dollar per ton, the fee shall be one dollar per ton on and 8,932
after January 1, 1994, and if the fee that a district is so 8,933
levying under that division exceeds two dollars per ton, the fee 8,934
shall be two dollars per ton on and after that date. If the fee 8,935
that a district is so levying under division (B)(2) of this 8,936
section is less than two dollars per ton, the fee shall be two 8,937
dollars per ton on and after that date, and if the fee that the 8,938
district is so levying under that division exceeds four dollars 8,939
per ton, the fee shall be four dollars per ton on and after that 8,940
date. On that date, the fee levied by a district under division 8,941
(B)(3) of this section shall be equal to the fee levied under 8,942
division (B)(1) of this section. Except as otherwise provided in 8,943
this division, the fees established by the operation of this 8,944
amendment shall remain in effect until the district's resolution 8,945
levying fees under this division is amended or repealed in 8,946
accordance with this division to amend or abolish the schedule of 8,947
fees, the schedule of fees is amended or abolished in an amended 8,948
plan of the district approved under section 3734.521 or division 8,949
(A) or (D) of section 3734.56 of the Revised Code, or the 8,950
schedule of fees is amended or abolished through an amendment to 8,951
the district's plan under division (E) of section 3734.56 of the 8,952
Revised Code; the notification of the amendment or abolishment of 8,953
the fees has been given in accordance with this division; and 8,954
collection of the amended fees so established commences, or 8,955
collection of the fees ceases, in accordance with this division. 8,956
The solid waste management policy committee of a district 8,958
levying fees under divisions (B)(1) to (3) of this section on 8,960
204
October 29, 1993, under its solid waste management plan approved 8,961
under section 3734.55 of the Revised Code or a resolution adopted 8,963
and ratified under this division that are within the ranges of 8,964
rates prescribed by this amendment, by adoption of a resolution 8,965
not later than December 1, 1993, and without the necessity for 8,966
ratification of the resolution under this division, may amend 8,967
those fees within the prescribed ranges, provided that the 8,968
estimated revenues from the amended fees will not substantially 8,969
exceed the estimated revenues set forth in the district's budget 8,970
for calendar year 1994. Not later than seven days after the 8,971
adoption of such a resolution, the committee shall notify by 8,972
certified mail the owner or operator of each solid waste disposal 8,973
facility that is required to collect the fees of the adoption of 8,974
the resolution and of the amount of the amended fees. Collection 8,975
of the amended fees shall take effect on the first day of the 8,976
first month following the month in which the notification is sent 8,977
to the owner or operator. The fees established in such a 8,978
resolution shall remain in effect until the district's resolution 8,979
levying fees that was adopted and ratified under this division is 8,980
amended or repealed, and the amendment or repeal of the 8,981
resolution is ratified, in accordance with this division, to 8,982
amend or abolish the fees, the schedule of fees is amended or 8,983
abolished in an amended plan of the district approved under 8,984
section 3734.521 or division (A) or (D) of section 3734.56 of the 8,985
Revised Code, or the schedule of fees is amended or abolished 8,986
through an amendment to the district's plan under division (E) of 8,987
section 3734.56 of the Revised Code; the notification of the 8,988
amendment or abolishment of the fees has been given in accordance 8,989
with this division; and collection of the amended fees so 8,990
established commences, or collection of the fees ceases, in 8,991
accordance with this division.
Prior to the approval of the solid waste management plan of 8,993
the district under section 3734.55 of the Revised Code, the solid 8,994
waste management policy committee of a district may levy fees 8,995
205
under this division by adopting a resolution establishing the 8,996
proposed amount of the fees. Upon adopting the resolution, the 8,997
committee shall deliver a copy of the resolution to the board of 8,998
county commissioners of each county forming the district and to 8,999
the legislative authority of each municipal corporation and 9,000
township under the jurisdiction of the district and shall prepare 9,001
and publish the resolution and a notice of the time and location 9,002
where a public hearing on the fees will be held. Upon adopting 9,003
the resolution, the committee shall deliver written notice of the 9,004
adoption of the resolution; of the amount of the proposed fees; 9,005
and of the date, time, and location of the public hearing to the 9,006
director and to the fifty industrial, commercial, or 9,007
institutional generators of solid wastes within the district that 9,008
generate the largest quantities of solid wastes, as determined by 9,009
the committee, and to their local trade associations. The 9,010
committee shall make good faith efforts to identify those 9,011
generators within the district and their local trade 9,012
associations, but the nonprovision of notice under this division 9,013
to a particular generator or local trade association does not 9,014
invalidate the proceedings under this division. The publication 9,015
shall occur at least thirty days before the hearing. After the 9,016
hearing, the committee may make such revisions to the proposed 9,017
fees as it considers appropriate and thereafter, by resolution, 9,018
shall adopt the revised fee schedule. Upon adopting the revised 9,019
fee schedule, the committee shall deliver a copy of the 9,020
resolution doing so to the board of county commissioners of each 9,021
county forming the district and to the legislative authority of 9,022
each municipal corporation and township under the jurisdiction of 9,023
the district. Within sixty days after the delivery of a copy of 9,024
the resolution adopting the proposed revised fees by the policy 9,025
committee, each such board and legislative authority, by 9,026
ordinance or resolution, shall approve or disapprove the revised 9,027
fees and deliver a copy of the ordinance or resolution to the 9,028
committee. If any such board or legislative authority fails to 9,029
206
adopt and deliver to the policy committee an ordinance or 9,030
resolution approving or disapproving the revised fees within 9,031
sixty days after the policy committee delivered its resolution 9,032
adopting the proposed revised fees, it shall be conclusively 9,033
presumed that the board or legislative authority has approved the 9,034
proposed revised fees. 9,035
In the case of a county district or a joint district formed 9,037
by two or three counties, the committee shall declare the 9,038
proposed revised fees to be ratified as the fee schedule of the 9,039
district upon determining that the board of county commissioners 9,040
of each county forming the district has approved the proposed 9,041
revised fees and that the legislative authorities of a 9,042
combination of municipal corporations and townships with a 9,043
combined population within the district comprising at least sixty 9,044
per cent of the total population of the district have approved 9,045
the proposed revised fees, provided that in the case of a county 9,046
district, that combination shall include the municipal 9,047
corporation having the largest population within the boundaries 9,048
of the district, and provided further that in the case of a joint 9,049
district formed by two or three counties, that combination shall 9,050
include for each county forming the joint district the municipal 9,051
corporation having the largest population within the boundaries 9,052
of both the county in which the municipal corporation is located 9,053
and the joint district. In the case of a joint district formed 9,054
by four or more counties, the committee shall declare the 9,055
proposed revised fees to be ratified as the fee schedule of the 9,056
joint district upon determining that the boards of county 9,057
commissioners of a majority of the counties forming the district 9,058
have approved the proposed revised fees; that, in each of a 9,059
majority of the counties forming the joint district, the proposed 9,060
revised fees have been approved by the municipal corporation 9,061
having the largest population within the county and the joint 9,062
district; and that the legislative authorities of a combination 9,063
of municipal corporations and townships with a combined 9,064
207
population within the joint district comprising at least sixty 9,065
per cent of the total population of the joint district have 9,066
approved the proposed revised fees. 9,067
For the purposes of this division, only the population of 9,069
the unincorporated area of a township shall be considered. For 9,070
the purpose of determining the largest municipal corporation 9,071
within each county under this division, a municipal corporation 9,072
that is located in more than one solid waste management district, 9,073
but that is under the jurisdiction of one county or joint solid 9,074
waste management district in accordance with division (A) of 9,075
section 3734.52 of the Revised Code shall be considered to be 9,076
within the boundaries of the county in which a majority of the 9,077
population of the municipal corporation resides. 9,078
The committee may amend the schedule of fees levied 9,080
pursuant to a resolution or amended resolution adopted and 9,081
ratified under this division by adopting a resolution 9,082
establishing the proposed amount of the amended fees. The 9,083
committee may abolish the fees levied pursuant to such a 9,084
resolution or amended resolution by adopting a resolution 9,085
proposing to repeal them. Upon adopting such a resolution, the 9,086
committee shall proceed to obtain ratification of the resolution 9,087
in accordance with this division. 9,088
Not later than fourteen days after declaring the fees or 9,090
amended fees to be ratified under this division, the committee 9,091
shall notify by certified mail the owner or operator of each 9,092
solid waste disposal facility that is required to collect the 9,093
fees of the ratification and the amount of the fees. Collection 9,094
of any fees or amended fees ratified on or after March 24, 1992, 9,095
shall commence on the first day of the second month following the 9,096
month in which notification is sent to the owner or operator. 9,097
Not later than fourteen days after declaring the repeal of 9,099
the district's schedule of fees to be ratified under this 9,100
division, the committee shall notify by certified mail the owner 9,101
or operator of each facility that is collecting the fees of the 9,102
208
repeal. Collection of the fees shall cease on the first day of 9,103
the second month following the month in which notification is 9,104
sent to the owner or operator. 9,105
Not later than fourteen days after the director issues an 9,107
order approving a district's solid waste management plan under 9,108
section 3734.55 of the Revised Code or amended plan under 9,109
division (A) or (D) of section 3734.56 of the Revised Code that 9,110
establishes or amends a schedule of fees levied by the district, 9,111
or the ratification of an amendment to the district's approved 9,112
plan or amended plan under division (E) of section 3734.56 of the 9,113
Revised Code that establishes or amends a schedule of fees, as 9,114
appropriate, the committee shall notify by certified mail the 9,115
owner or operator of each solid waste disposal facility that is 9,116
required to collect the fees of the approval of the plan or 9,117
amended plan, or the amendment to the plan, as appropriate, and 9,118
the amount of the fees or amended fees. In the case of an 9,119
initial or amended plan approved under section 3734.521 of the 9,120
Revised Code in connection with a change in district composition, 9,121
other than one involving the withdrawal of a county from a joint 9,122
district, that establishes or amends a schedule of fees levied 9,123
under divisions (B)(1) to (3) of this section by a district 9,124
resulting from the change, the committee, within fourteen days 9,125
after the change takes effect pursuant to division (G) of that 9,126
section, shall notify by certified mail the owner or operator of 9,127
each solid waste disposal facility that is required to collect 9,128
the fees that the change has taken effect and of the amount of 9,129
the fees or amended fees. Collection of any fees set forth in a 9,130
plan or amended plan approved by the director on or after April 9,131
16, 1993, or an amendment of a plan or amended plan under 9,132
division (E) of section 3734.56 of the Revised Code that is 9,133
ratified on or after April 16, 1993, shall commence on the first 9,134
day of the second month following the month in which notification 9,135
is sent to the owner or operator. 9,136
Not later than fourteen days after the director issues an 9,138
209
order approving a district's plan under section 3734.55 of the 9,139
Revised Code or amended plan under division (A) or (D) of section 9,140
3734.56 of the Revised Code that abolishes the schedule of fees 9,141
levied under divisions (B)(1) to (3) of this section, or an 9,142
amendment to the district's approved plan or amended plan 9,143
abolishing the schedule of fees is ratified pursuant to division 9,144
(E) of section 3734.56 of the Revised Code, as appropriate, the 9,145
committee shall notify by certified mail the owner or operator of 9,146
each facility that is collecting the fees of the approval of the 9,147
plan or amended plan, or the amendment of the plan or amended 9,148
plan, as appropriate, and the abolishment of the fees. In the 9,149
case of an initial or amended plan approved under section 9,150
3734.521 of the Revised Code in connection with a change in 9,151
district composition, other than one involving the withdrawal of 9,152
a county from a joint district, that abolishes the schedule of 9,153
fees levied under divisions (B)(1) to (3) of this section by a 9,154
district resulting from the change, the committee, within 9,155
fourteen days after the change takes effect pursuant to division 9,156
(G) of that section, shall notify by certified mail the owner or 9,157
operator of each solid waste disposal facility that is required 9,158
to collect the fees that the change has taken effect and of the 9,159
abolishment of the fees. Collection of the fees shall cease on 9,160
the first day of the second month following the month in which 9,161
notification is sent to the owner or operator. 9,162
Except as otherwise provided in this division, if the 9,164
schedule of fees that a district is levying under divisions 9,165
(B)(1) to (3) of this section pursuant to a resolution or amended 9,166
resolution adopted and ratified under this division, the solid 9,167
waste management plan of the district approved under section 9,168
3734.55 of the Revised Code, an amended plan approved under 9,169
division (A) or (D) of section 3734.56 of the Revised Code, or an 9,170
amendment to the district's approved plan or amended plan under 9,171
division (E) of section 3734.56 of the Revised Code, is amended 9,172
by the adoption and ratification of an amendment to the 9,173
210
resolution or amended resolution or an amendment of the 9,174
district's approved plan or amended plan, the fees in effect 9,175
immediately prior to the approval of the plan or the amendment of 9,176
the resolution, amended resolution, plan, or amended plan, as 9,177
appropriate, shall continue to be collected until collection of 9,178
the amended fees commences pursuant to this division. 9,179
If, in the case of a change in district composition 9,181
involving the withdrawal of a county from a joint district, the 9,182
director completes the actions required under division (G)(1) or 9,183
(3) of section 3734.521 of the Revised Code, as appropriate, 9,184
forty-five days or more before the beginning of a calendar year, 9,185
the policy committee of each of the districts resulting from the 9,186
change that obtained the director's approval of an initial or 9,187
amended plan in connection with the change, within fourteen days 9,188
after the director's completion of the required actions, shall 9,189
notify by certified mail the owner or operator of each solid 9,190
waste disposal facility that is required to collect the 9,191
district's fees that the change is to take effect on the first 9,192
day of January immediately following the issuance of the notice 9,193
and of the amount of the fees or amended fees levied under 9,194
divisions (B)(1) to (3) of this section pursuant to the 9,195
district's initial or amended pan as so approved or, if 9,196
appropriate, the abolishment of the district's fees by that 9,197
initial or amended plan. Collection of any fees set forth in 9,198
such a plan or amended plan shall commence on the first day of 9,199
January immediately following the issuance of the notice. If 9,200
such an initial or amended plan abolishes a schedule of fees, 9,201
collection of the fees shall cease on that first day of January. 9,202
If, in the case of a change in district composition 9,204
involving the withdrawal of a county from a joint district, the 9,205
director completes the actions required under division (G)(1) or 9,206
(3) of section 3734.521 of the Revised Code, as appropriate, less 9,207
than forty-five days before the beginning of a calendar year, the 9,208
director, on behalf of each of the districts resulting from the 9,209
211
change that obtained the director's approval of an initial or 9,210
amended plan in connection with the change proceedings, shall 9,211
notify by certified mail the owner or operator of each solid 9,212
waste disposal facility that is required to collect the 9,213
district's fees that the change is to take effect on the first 9,214
day of January immediately following the mailing of the notice 9,215
and of the amount of the fees or amended fees levied under 9,216
divisions (B)(1) to (3) of this section pursuant to the 9,217
district's initial or amended plan as so approved or, if 9,218
appropriate, the abolishment of the district's fees by that 9,219
initial or amended plan. Collection of any fees set forth in 9,220
such a plan or amended plan shall commence on the first day of 9,221
the second month following the month in which notification is 9,222
sent to the owner or operator. If such an initial or amended 9,223
plan abolishes a schedule of fees, collection of the fees shall 9,224
cease on the first day of the second month following the month in 9,225
which notification is sent to the owner or operator. 9,226
In the case of a change in district composition, the 9,228
schedule of fees that the former districts that existed prior to 9,229
the change were levying under divisions (B)(1) to (3) of this 9,230
section pursuant to a resolution or amended resolution adopted 9,231
and ratified under this division, the solid waste management plan 9,232
of a former district approved under section 3734.521 or 3734.55 9,233
of the Revised Code, an amended plan approved under section 9,234
3734.521 or division (A) or (D) of section 3734.56 of the Revised 9,235
Code, or an amendment to a former district's approved plan or 9,236
amended plan under division (E) of section 3734.56 of the Revised 9,237
Code, and that were in effect on the date that the director 9,238
completed the actions required under division (G)(1) or (3) of 9,239
section 3734.521 of the Revised Code shall continue to be 9,240
collected until the collection of the fees or amended fees of the 9,241
districts resulting from the change is required to commence, or 9,242
if an initial or amended plan of a resulting district abolishes a 9,243
schedule of fees, collection of the fees is required to cease, 9,244
212
under this division. Moneys so received from the collection of 9,245
the fees of the former districts shall be divided among the 9,246
resulting districts in accordance with division (B) of section 9,247
343.012 of the Revised Code and the agreements entered into under 9,248
division (B) of section 343.01 of the Revised Code to establish 9,249
the former and resulting districts and any amendments to those 9,250
agreements. 9,251
For the purposes of the provisions of division (B) of this 9,253
section establishing the times when newly established or amended 9,254
fees levied by a district are required to commence and the 9,255
collection of fees that have been amended or abolished is 9,256
required to cease, "fees" or "schedule of fees" includes, in 9,257
addition to fees levied under divisions (B)(1) to (3) of this 9,258
section, those levied under section 3734.573 or 3734.574 of the 9,259
Revised Code. 9,260
(C) For the purposes of defraying the added costs to a 9,262
municipal corporation or township of maintaining roads and other 9,263
public facilities and of providing emergency and other public 9,264
services, and compensating a municipal corporation or township 9,265
for reductions in real property tax revenues due to reductions in 9,266
real property valuations resulting from the location and 9,267
operation of a solid waste disposal facility within the municipal 9,268
corporation or township, a municipal corporation or township in 9,269
which such a solid waste disposal facility is located may levy a 9,270
fee of not more than twenty-five cents per ton on the disposal of 9,271
solid wastes at a solid waste disposal facility located within 9,272
the boundaries of the municipal corporation or township 9,273
regardless of where the wastes were generated. 9,274
The legislative authority of a municipal corporation or 9,276
township may levy fees under this division by enacting an 9,277
ordinance or adopting a resolution establishing the amount of the 9,278
fees. Upon so doing the legislative authority shall mail a 9,279
certified copy of the ordinance or resolution to the board of 9,280
county commissioners or directors of the county or joint solid 9,281
213
waste management district in which the municipal corporation or 9,282
township is located or, if a regional solid waste management 9,283
authority has been formed under section 343.011 of the Revised 9,284
Code, to the board of trustees of that regional authority, the 9,285
owner or operator of each solid waste disposal facility in the 9,286
municipal corporation or township that is required to collect the 9,287
fee by the ordinance or resolution, and the director of 9,288
environmental protection. Although the fees levied under this 9,289
division are levied on the basis of tons as the unit of 9,290
measurement, the legislative authority, in its ordinance or 9,291
resolution levying the fees under this division, may direct that 9,292
the fees be levied on the basis of cubic yards as the unit of 9,293
measurement based upon a conversion factor of three cubic yards 9,294
per ton generally or one cubic yard per ton for baled wastes. 9,295
Not later than five days after enacting an ordinance or 9,297
adopting a resolution under this division, the legislative 9,298
authority shall so notify by certified mail the owner or operator 9,299
of each solid waste disposal facility that is required to collect 9,300
the fee. Collection of any fee levied on or after March 24, 9,301
1992, shall commence on the first day of the second month 9,302
following the month in which notification is sent to the owner or 9,303
operator. 9,304
(D)(1) The fees levied under divisions (A), (B), and (C) 9,306
of this section do not apply to the disposal of solid wastes 9,308
that:
(a) Are disposed of at a facility owned by the generator 9,310
of the wastes when the solid waste facility exclusively disposes 9,311
of solid wastes generated at one or more premises owned by the 9,312
generator regardless of whether the facility is located on a 9,313
premises where the wastes are generated; 9,314
(b) Are disposed of at facilities that exclusively dispose 9,316
of wastes that are generated from the combustion of coal, or from 9,317
the combustion of primarily coal in combination with scrap tires, 9,318
that is not combined in any way with garbage at one or more 9,319
214
premises owned by the generator. 9,320
(2) Except as provided in section 3734.571 of the Revised 9,322
Code, any fees levied under division (B)(1) of this section apply 9,323
to solid wastes originating outside the boundaries of a county or 9,324
joint district that are covered by an agreement for the joint use 9,325
of solid waste facilities entered into under section 343.02 of 9,326
the Revised Code by the board of county commissioners or board of 9,327
directors of the county or joint district where the wastes are 9,328
generated and disposed of. 9,329
(3) When solid wastes, other than solid wastes that 9,331
consist of scrap tires, are burned in a disposal facility that is 9,332
an incinerator or energy recovery facility, the fees levied under 9,333
divisions (A), (B), and (C) of this section shall be levied upon 9,335
the disposal of the fly ash and bottom ash remaining after 9,336
burning of the solid wastes and shall be collected by the owner 9,337
or operator of the sanitary landfill where the ash is disposed 9,338
of.
(4) When solid wastes are delivered to a solid waste 9,340
transfer facility, the fees levied under divisions (A), (B), and 9,341
(C) of this section shall be levied upon the disposal of solid 9,343
wastes transported off the premises of the transfer facility for 9,344
disposal and shall be collected by the owner or operator of the 9,345
solid waste disposal facility where the wastes are disposed of. 9,346
(5) The fees levied under divisions (A), (B), and (C) of 9,348
this section do not apply to sewage sludge that is generated by a 9,349
waste water treatment facility holding a national pollutant 9,350
discharge elimination system permit and that is disposed of 9,351
through incineration, land application, or composting or at 9,352
another resource recovery or disposal facility that is not a 9,353
landfill. 9,354
(6) The fees levied under division DIVISIONS (A), (B), and 9,356
(C) of this section do not apply to solid wastes delivered to a 9,358
solid waste composting facility for processing. When any 9,359
unprocessed solid waste or compost product is transported off the 9,360
215
premises of a composting facility and disposed of at a landfill, 9,361
the fees levied under divisions (A), (B), and (C) of this section 9,362
shall be collected by the owner or operator of the landfill where 9,363
the unprocessed waste or compost product is disposed of. 9,364
(7) When solid wastes that consist of scrap tires are 9,366
processed at a scrap tire recovery facility, the fees levied 9,367
under divisions (A), (B), and (C) of this section shall be levied 9,369
upon the disposal of the fly ash and bottom ash or other solid 9,370
wastes remaining after the processing of the scrap tires and 9,371
shall be collected by the owner or operator of the solid waste 9,372
disposal facility where the ash or other solid wastes are 9,373
disposed of.
(E) The fees levied under divisions (B) and (C) of this 9,376
section shall be collected by the owner or operator of the solid 9,377
waste disposal facility where the wastes are disposed of as a 9,378
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 9,379
from the fees levied under division (B) of this section shall be 9,381
forwarded to the board of county commissioners or board of 9,382
directors of the district in accordance with rules adopted under 9,383
division (H) of this section. Moneys from the fees levied under 9,384
division (C) of this section shall be forwarded to the treasurer 9,385
or such other officer of the municipal corporation as, by virtue 9,386
of the charter, has the duties of the treasurer or to the clerk 9,387
of the township, as appropriate, in accordance with those rules. 9,388
(F) Moneys received by the treasurer or such other officer 9,390
of the municipal corporation under division (E) of this section 9,391
shall be paid into the general fund of the municipal corporation. 9,392
Moneys received by the clerk of the township under that division 9,393
shall be paid into the general fund of the township. The 9,394
treasurer or such other officer of the municipal corporation or 9,395
the clerk, as appropriate, shall maintain separate records of the 9,396
moneys received from the fees levied under division (C) of this 9,397
section. 9,398
216
(G) Moneys received by the board of county commissioners 9,400
or board of directors under division (E) of this section or 9,401
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 9,402
Code shall be paid to the county treasurer, or other official 9,403
acting in a similar capacity under a county charter, in a county 9,404
district or to the county treasurer or other official designated 9,405
by the board of directors in a joint district and kept in a 9,406
separate and distinct fund to the credit of the district. If a 9,407
regional solid waste management authority has been formed under 9,408
section 343.011 of the Revised Code, moneys received by the board 9,409
of trustees of that regional authority under division (E) of this 9,410
section shall be kept by the board in a separate and distinct 9,411
fund to the credit of the district. Moneys in the special fund 9,412
of the county or joint district arising from the fees levied 9,413
under division (B) of this section and the fee levied under 9,415
division (A) of section 3734.573 of the Revised Code shall be 9,416
expended by the board of county commissioners or directors of the 9,417
district in accordance with the district's solid waste management 9,418
plan or amended plan approved under section 3734.521, 3734.55, or 9,419
3734.56 of the Revised Code exclusively for the following 9,420
purposes:
(1) Preparation of the solid waste management plan of the 9,422
district under section 3734.54 of the Revised Code, monitoring 9,423
implementation of the plan, and conducting the periodic review 9,424
and amendment of the plan required by section 3734.56 of the 9,425
Revised Code by the solid waste management policy committee; 9,426
(2) Implementation of the approved solid waste management 9,428
plan or amended plan of the district, including, without 9,429
limitation, the development and implementation of solid waste 9,430
recycling or reduction programs; 9,431
(3) Providing financial assistance to boards of health 9,433
within the district, if solid waste facilities are located within 9,434
the district, for enforcement of this chapter and rules, orders, 9,435
and terms and conditions of permits, licenses, and variances 9,437
217
adopted or issued under it, other than the hazardous waste 9,438
provisions of this chapter and rules adopted and orders and terms 9,439
and conditions of permits issued under those provisions; 9,441
(4) Providing financial assistance to each county within 9,443
the district to defray the added costs of maintaining roads and 9,444
other public facilities and of providing emergency and other 9,445
public services resulting from the location and operation of a 9,446
solid waste facility within the county under the district's 9,447
approved solid waste management plan or amended plan; 9,448
(5) Pursuant to contracts entered into with boards of 9,450
health within the district, if solid waste facilities contained 9,451
in the district's approved plan or amended plan are located 9,452
within the district, for paying the costs incurred by those 9,453
boards of health for collecting and analyzing samples from public 9,454
or private water wells on lands adjacent to those facilities; 9,455
(6) Developing and implementing a program for the 9,457
inspection of solid wastes generated outside the boundaries of 9,458
this state that are disposed of at solid waste facilities 9,459
included in the district's approved solid waste management plan 9,460
or amended plan; 9,461
(7) Providing financial assistance to boards of health 9,463
within the district for the enforcement of section 3734.03 of the 9,464
Revised Code or to local law enforcement agencies having 9,465
jurisdiction within the district for enforcing anti-littering 9,466
laws and ordinances; 9,467
(8) Providing financial assistance to boards of health of 9,469
health districts within the district that are on the approved 9,470
list under section 3734.08 of the Revised Code to defray the 9,471
costs to the health districts for the participation of their 9,472
employees responsible for enforcement of the solid waste 9,473
provisions of this chapter and rules adopted and orders and terms 9,474
and conditions of permits, licenses, and variances issued under 9,475
those provisions in the training and certification program as 9,476
required by rules adopted under division (L) of section 3734.02 9,477
218
of the Revised Code; 9,478
(9) Providing financial assistance to individual municipal 9,480
corporations and townships within the district to defray their 9,481
added costs of maintaining roads and other public facilities and 9,482
of providing emergency and other public services resulting from 9,483
the location and operation within their boundaries of a 9,484
composting, energy or resource recovery, incineration, or 9,485
recycling facility that either is owned by the district or is 9,486
furnishing solid waste management facility or recycling services 9,487
to the district pursuant to a contract or agreement with the 9,488
board of county commissioners or directors of the district; 9,489
(10) Payment of any expenses that are agreed to, awarded, 9,491
or ordered to be paid under section 3734.35 of the Revised Code 9,492
and of any administrative costs incurred pursuant to that 9,493
section. In the case of a joint solid waste management district, 9,494
if the board of county commissioners of one of the counties in 9,495
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 9,496
the approval of the board of directors of the district in order 9,497
to expend moneys for administrative costs incurred. 9,498
Prior to the approval of the district's solid waste 9,500
management plan under section 3734.55 of the Revised Code, moneys 9,501
in the special fund of the district arising from such THE fees 9,502
shall be expended for such THOSE purposes in the manner 9,504
prescribed by the solid waste management policy committee by 9,506
resolution.
Notwithstanding division (G)(6) of this section as it 9,509
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 9,512
with division (B)(2)(e) of section 3734.53 of the Revised Code as 9,513
it existed prior to that date, any moneys arising from the fees 9,514
levied under division (B)(3) of this section prior to January 1, 9,515
1994, may be expended for any of the purposes authorized in 9,516
divisions (G)(1) to (10) of this section. 9,517
219
(H) The director of environmental protection shall adopt 9,519
rules in accordance with Chapter 119. of the Revised Code 9,520
prescribing procedures for collecting and forwarding the fees 9,521
levied under divisions (B) and (C) of this section to the boards 9,522
of county commissioners or directors of county or joint solid 9,523
waste management districts and to the treasurers or other 9,524
officers of municipal corporations or to the clerks of townships. 9,525
The rules also shall prescribe the dates for forwarding the fees 9,526
to the boards and officials and may prescribe any other 9,527
requirements the director considers necessary or appropriate to 9,528
implement and administer divisions (A), (B), and (C) of this 9,529
section. Collection of the fees levied under division (A)(1) of 9,530
this section shall commence on July 1, 1993. Collection of the 9,531
fees levied under division (A)(2) of this section shall commence 9,533
on January 1, 1994. 9,534
Sec. 3734.82. (A) The annual fee for a scrap tire 9,543
recovery facility license issued under section 3734.81 of the 9,544
Revised Code shall be in accordance with the following schedule: 9,545
Daily Design Input Annual License 9,547
Capacity (Tons) Fee 9,548
1 or less $ 100 9,549
2 to 25 500 9,550
26 to 50 1,000 9,551
51 to 100 1,500 9,552
101 to 200 2,500 9,553
201 to 500 3,500 9,554
501 or more 5,500 9,555
For the purpose of determining the applicable license fee 9,558
under this division, the daily design input capacity shall be the 9,559
quantity of scrap tires the facility is designed to process daily 9,560
as set forth in the registration certificate or permit for the 9,561
facility, and any modifications to the permit, if applicable, 9,562
issued under section 3734.78 of the Revised Code. 9,563
(B) The annual fee for a scrap tire monocell or monofill 9,565
220
facility license shall be in accordance with the following 9,566
schedule: 9,567
Authorized Maximum Annual License 9,569
Daily Waste Receipt Fee 9,570
(Tons) 9,571
100 or less $ 5,000 9,572
101 to 200 12,500 9,573
201 to 500 30,000 9,574
501 or more 60,000 9,575
For the purpose of determining the applicable license fee 9,578
under this division, the authorized maximum daily waste receipt 9,579
shall be the maximum amount of scrap tires the facility is 9,580
authorized to receive daily that is established in the permit for 9,581
the facility, and any modification to that permit, issued under 9,582
section 3734.77 of the Revised Code. 9,583
(C)(1) Except as otherwise provided in division (C)(2) of 9,585
this section, the annual fee for a scrap tire storage facility 9,586
license shall equal one thousand dollars times the number of 9,587
acres on which scrap tires are to be stored at the facility 9,588
during the license year, as set forth on the application for the 9,589
annual license, except that the total annual license fee for any 9,590
such facility shall not exceed three thousand dollars. 9,591
(2) The annual fee for a scrap tire storage facility 9,593
license for a storage facility that is owned or operated by a 9,594
motor vehicle salvage dealer licensed under Chapter 4738. of the 9,595
Revised Code is one hundred dollars. 9,596
(D)(1) Except as otherwise provided in division (D)(2) of 9,598
this section, the annual fee for a scrap tire collection facility 9,599
license is two hundred dollars. 9,600
(2) The annual fee for a scrap tire collection facility 9,602
license for a collection facility that is owned or operated by a 9,603
motor vehicle salvage dealer licensed under Chapter 4738. of the 9,604
Revised Code is fifty dollars. 9,605
(E) Except as otherwise provided in divisions (C)(2) and 9,607
221
(D)(2) of this section, the same fees apply to private operators 9,608
and to the state and its political subdivisions and shall be paid 9,609
within thirty days after the issuance of a license. The fees 9,610
include the cost of licensing, all inspections, and other costs 9,611
associated with the administration of the scrap tire provisions 9,612
of this chapter and rules adopted under them. Each license shall 9,613
specify that it is conditioned upon payment of the applicable fee 9,614
to the board of health or the director of environmental 9,615
protection, as appropriate, within thirty days after the issuance 9,617
of the license.
(F) The board of health shall retain fifteen thousand 9,619
dollars of each license fee collected by the board under division 9,620
(B) of this section, or the entire amount of any such fee that is 9,621
less than fifteen thousand dollars, and the entire amount of each 9,622
license fee collected by the board under divisions (A), (C), and 9,623
(D) of this section. The moneys retained shall be paid into a 9,624
special fund, which is hereby created in each health district, 9,625
and used solely to administer and enforce the scrap tire 9,626
provisions of this chapter and rules adopted under them. The 9,627
remainder, if any, of each license fee collected by the board 9,628
under division (B) of this section shall be transmitted to the 9,629
director within forty-five days after receipt of the fee. 9,631
(G) The director shall transmit the moneys received by the 9,633
director from license fees collected under division (B) of this 9,634
section to the treasurer of state to be credited to the scrap 9,635
tire management fund, which is hereby created in the state 9,636
treasury. The fund shall consist of all federal moneys received 9,637
by the environmental protection agency for the scrap tire 9,638
management program; all grants, gifts, and contributions made to 9,639
the director for that program; and all other moneys that may be 9,640
provided by law for that program. The director shall use moneys 9,641
in the fund as follows: 9,642
(1) Expend not more than seven hundred fifty thousand 9,644
dollars during each fiscal year to implement, administer, and 9,646
222
enforce the scrap tire provisions of this chapter and rules 9,647
adopted under them; 9,648
(2) For fiscal years 1998 and 1999, grant not more than 9,652
one hundred fifty thousand dollars during each fiscal year to the 9,653
polymer institute at the university of Akron for the purpose of 9,654
expediting research concerning and evaluation of alternative 9,655
methods of recycling scrap tires. The institute shall report to 9,656
the director annually concerning research programs under review, 9,657
and the results of scrap tire recycling experiments conducted, by 9,658
or in conjunction with the institute. The university shall report 9,659
to the director biennially concerning the expenditures of moneys 9,660
received by the institute under division (G)(2) of this section. 9,661
(3) During each of fiscal years 1998, 1999, and 2000, 9,664
request the director of budget and management to, and the 9,666
director of budget and management shall, transfer one million 9,667
dollars to the facilities establishment fund created in section 9,668
166.03 of the Revised Code for the purposes specified in that 9,669
section;
(4) Except as otherwise provided in division (H)(2) of 9,673
this section, expend not more than three million dollars during 9,675
each of fiscal years 1998, 1999, and 2000 to conduct removal 9,677
actions under section 3734.85 of the Revised Code. Prior to 9,678
using any moneys in the fund for that purpose in a fiscal year, 9,679
the director shall request the approval of the controlling board 9,680
for that use of the moneys. The request shall be accompanied by 9,681
a plan describing the removal actions to be conducted during the 9,682
fiscal year and an estimate of the costs of conducting them. The 9,683
controlling board shall approve the plan only if the board finds 9,684
that the proposed removal actions are in accordance with the 9,685
priorities set forth in division (B) of section 3734.85 of the 9,686
Revised Code and that the costs of conducting them are 9,687
reasonable. 9,688
(5) Annually transfer to the central support indirect fund 9,690
created in section 3745.014 of the Revised Code an amount equal 9,692
223
to not more than twelve per cent of each fiscal year's 9,693
appropriation to the scrap tire management fund.
(H)(1) If, during fiscal year 1997, 1998, 1999, or 2000, 9,695
more than three million five hundred thousand dollars are 9,697
credited to the scrap tire management fund, the director, at the 9,698
conclusion of the fiscal year, shall request the director of 9,700
budget and management to, and the director of budget and 9,701
management shall, transfer to the facilities establishment fund 9,703
one-half of the moneys credited to the scrap tire management fund 9,704
in excess of that amount. 9,705
(2) In each of fiscal years 1998, 1999, and 2000, if more 9,708
than three million five hundred thousand dollars are credited to 9,709
the scrap tire management fund during the preceding fiscal year, 9,710
the director, in addition to the amount authorized under division 9,711
(G)(4) of this section, shall expend during the current fiscal 9,712
year one-half of that excess amount to conduct removal operations 9,713
under section 3734.85 of the Revised Code. 9,714
(I) AFTER THE ACTIONS IN DIVISIONS (G)(1) TO (4) AND (H) 9,717
OF THIS SECTION ARE COMPLETED DURING EACH OF FISCAL YEARS 1998,
1999, AND 2000, THE DIRECTOR MAY EXPEND UP TO THE BALANCE 9,718
REMAINING FROM PRIOR FISCAL YEARS IN THE SCRAP TIRE MANAGEMENT 9,719
FUND TO CONDUCT REMOVAL ACTIONS UNDER SECTION 3734.85 OF THE 9,720
REVISED CODE. PRIOR TO USING ANY MONEYS IN THE FUND FOR THAT
PURPOSE IN A FISCAL YEAR, THE DIRECTOR SHALL REQUEST THE APPROVAL 9,721
OF THE CONTROLLING BOARD FOR THAT USE OF THE MONEYS. THE REQUEST 9,722
SHALL BE ACCOMPANIED BY A PLAN DESCRIBING THE REMOVAL ACTIONS TO 9,723
BE CONDUCTED DURING THE FISCAL YEAR AND AN ESTIMATE OF THE COSTS 9,724
OF CONDUCTING THEM. THE CONTROLLING BOARD SHALL APPROVE THE PLAN 9,725
ONLY IF THE BOARD FINDS THAT THE PROPOSED REMOVAL ACTIONS ARE IN 9,726
ACCORDANCE WITH THE PRIORITIES SET FORTH IN DIVISION (B) OF 9,727
SECTION 3734.85 OF THE REVISED CODE AND THAT THE COSTS OF
CONDUCTING THEM ARE REASONABLE. 9,728
Sec. 4123.40. During the six months immediately preceding 9,737
the first day of each regular session of the general assembly, 9,738
224
the office of budget and management shall communicate to the 9,739
bureau THE ADMINISTRATOR of workers' compensation an SHALL 9,741
estimate of the gross payroll of all state employers for the 9,742
succeeding biennium or fiscal year. 9,743
Upon receipt thereof the THE administrator of workers' 9,745
compensation shall determine and certify for the office of budget 9,746
and management that rate or rates which when applied to the gross 9,747
payroll estimate will produce an amount equal to the estimated 9,748
cost of awards OR PAYMENTS to be made during the like fiscal 9,749
period, as determined by the administrator. 9,750
The rate certified shall be applied and made a part of the 9,752
gross payroll calculation for the period for which the foregoing 9,753
estimates have been made, in conformity with section 125.21 of 9,754
the Revised Code. The amounts collected shall be remitted to the 9,755
bureau as provided in section 125.21 of the Revised Code. 9,756
If the amounts remitted to the bureau for a fiscal period 9,758
are greater or less than actual awards OR PAYMENTS for the like 9,759
period by reason of an error in the prior estimates of gross 9,761
payroll or awards OR PAYMENTS, the overage or shortage shall be 9,762
included by the administrator in determining the rate for the 9,763
next succeeding fiscal period. 9,764
In fixing the amount of contribution to be made by the 9,766
state and each of its departments, agencies, and 9,767
instrumentalities, the administrator shall classify departments, 9,768
agencies, and instrumentalities into such groups as will 9,769
equitably determine the contributions in accordance with their 9,770
individual accident experience so that the state and its 9,771
departments, agencies, and instrumentalities contribute an amount 9,772
sufficient to meet individual obligations and maintain a solvent 9,773
public insurance fund. 9,774
Moneys collected from state employers shall not be used to 9,776
pay compensation or other benefits attributable to service of 9,777
persons as employees of counties or taxing districts therein, nor 9,778
shall moneys collected from counties and taxing districts therein 9,779
225
be used to pay compensation or other benefits attributable to 9,780
service of persons as employees of the state. 9,781
Sec. 4701.10. (A) Permits to practice public accounting 9,791
shall be issued by the accountancy board to holders of the 9,792
certificate of certified public accountant issued under section 9,793
4701.06 or 4701.061 of the Revised Code and to persons registered 9,794
under sections 4701.07 and 4701.09 of the Revised Code. Subject 9,795
to division (D)(1) of this section, there shall be a triennial 9,796
permit fee in an amount to be determined by the board not to 9,797
exceed one hundred fifty dollars. All permits shall expire on 9,798
the last day of December of the year assigned by the board and, 9,799
subject to division (D)(1) of this section, shall be renewed 9,800
triennially for a period of three years by certificate holders 9,801
and registrants in good standing upon payment of a triennial 9,802
renewal fee not to exceed one hundred fifty dollars. For the
purpose of implementing this section and enforcing section 9,804
4701.11 of the Revised Code, the board may issue a permit for 9,805
less than three years' duration. A prorated fee shall be
determined by the board for such permit. Renewal of permits 9,806
shall be according to the standard renewal procedure of sections 9,807
4745.01 to 4745.03 of the Revised Code. Failure of any 9,808
certificate holder or registrant to apply for a triennial permit 9,809
to practice within three years from the expiration date of the 9,810
permit to practice last obtained or renewed, or three years from 9,811
the date upon which the certificate holder or registrant was 9,812
granted his A certificate or registration, shall result in 9,813
suspension of such certificate or registration unless the board 9,814
determines such failure to have been due to excusable neglect. 9,815
In such case the renewal fee or the fee for the issuance of the 9,816
original permit, as the case may be, shall be such amount as the 9,817
board shall determine, but not in excess of fifty dollars plus 9,818
the fee for each triennial period or part of a period the 9,819
certificate holder or registrant did not have a permit. 9,820
(B) All certificate holders and registrants who are not in 9,822
226
the practice of public accounting in this state shall register 9,823
with the board every three years at a fee, not to exceed 9,824
fifty-five dollars, established by the board. Such persons shall 9,825
not convey to the general public that they are actively engaged 9,826
in the practice of public accounting in this state. 9,827
(C) The board shall suspend the certificate or 9,829
registration of any person failing to obtain a permit in 9,830
accordance with this section except that the board may by rule 9,831
exempt persons from the requirement of holding a permit for such 9,832
reasons as retirement, health reasons, military service, foreign 9,833
residency, or other just cause. 9,834
(D)(1) On and after January 1, 1995, the board shall, by 9,836
rule adopted in accordance with Chapter 119. of the Revised Code, 9,837
increase the triennial permit and renewal fee imposed pursuant to 9,838
this section by at least fifteen dollars but no more than thirty 9,839
dollars. 9,840
(2) Beginning with the first quarter of 1995 and each 9,842
quarter thereafter, the board, for the purpose provided in 9,843
section 4743.05 of the Revised Code, shall certify to the 9,844
director of budget and management the number of triennial permits 9,845
renewed under this chapter during the preceding quarter and the 9,846
amount equal to that number times the amount by which the 9,847
triennial permit and renewal fee is increased by the board under 9,848
division (D)(1) of this section. 9,849
Sec. 4701.20. All receipts of the accountancy board shall 9,858
be deposited in the state treasury to the credit of the 9,859
occupational licensing and regulatory fund, EXCEPT THAT ANY 9,860
PAYMENT MADE TO THE BOARD IN CONNECTION WITH AN APPLICATION FOR 9,861
EXAMINATION OR FOR A PERMIT, REGISTRATION, OR CERTIFICATE SHALL 9,862
BE DEPOSITED ONLY AFTER THE BOARD APPROVES THE APPLICATION. IN
THE EVENT THE APPLICATION IS NOT APPROVED, THE BOARD SHALL RETURN 9,863
THE PAYMENT TO THE APPLICANT. All 9,864
ALL vouchers of the board shall be approved by the board 9,867
president or executive secretary, or both, as authorized by the 9,868
227
board.
Sec. 4743.05. Except as otherwise provided in sections 9,877
4701.20, 4723.061, and 4729.65 of the Revised Code, all money 9,878
collected under Chapters 3773., 4701., 4703., 4709., 4713., 9,879
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 9,880
4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code 9,881
shall be paid into the state treasury to the credit of the 9,882
occupational licensing and regulatory fund, which is hereby 9,883
created for use in administering such chapters. Money deposited 9,884
to the credit of the fund under section 4731.24 of the Revised 9,885
Code shall be used until July 1, 1998, for administering Chapters 9,886
4730. and 4731. of the Revised Code. 9,887
At the end of each quarter, the director OF BUDGET AND 9,889
MANAGEMENT shall transfer from the occupational licensing and 9,891
regulatory fund to the nurse education assistance fund created in 9,892
section 3333.28 of the Revised Code the amount certified to the 9,893
director under division (B) of section 4723.08 of the Revised 9,894
Code.
At the end of the first quarter of 1995 and at the end of 9,896
each quarter thereafter, the director shall transfer from the 9,897
occupational licensing and regulatory fund to the certified 9,898
public accountant education assistance fund created in section 9,899
4701.26 of the Revised Code the amount certified to the director 9,901
under division (D)(2) of section 4701.10 of the Revised Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used 9,910
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 9,911
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 9,912
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 9,913
4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715., 4717., 9,914
4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 9,915
4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 9,916
4766., 4773., and 4775. of the Revised Code, means the license 9,917
renewal procedures specified in this chapter. 9,918
(B) "Licensing agency," as used in this chapter, means any 9,920
228
department, division, board, section of a board, or other state 9,921
governmental unit subject to the standard renewal procedure, as 9,922
defined in this section, and authorized by the Revised Code to 9,923
issue a license to engage in a specific profession, occupation, 9,924
or occupational activity, or to have charge of and operate 9,925
certain specified equipment, machinery, or premises. 9,926
(C) "License," as used in this chapter, means a license, 9,928
certificate, permit, card, or other authority issued or conferred 9,929
by a licensing agency by authority of which the licensee has or 9,930
claims the privilege to engage in the profession, occupation, or 9,931
occupational activity, or to have control of and operate certain 9,932
specific equipment, machinery, or premises, over which the 9,933
licensing agency has jurisdiction. 9,934
(D) "Licensee," as used in this chapter, means either the 9,936
person to whom the license is issued or renewed by a licensing 9,937
agency, or the person, partnership, or corporation at whose 9,938
request the license is issued or renewed. 9,939
(E) "Renewal" and "renewed," as used in this chapter and 9,941
in the chapters of the Revised Code specified in division (A) of 9,942
this section, includes the continuing licensing procedure 9,943
provided in Chapter 3748. of the Revised Code and rules adopted 9,945
under it and in sections 1321.05 and 3921.33 of the Revised Code, 9,946
and as applied to those continuing licenses any reference in this 9,948
chapter to the date of expiration of any license shall be 9,949
construed to mean the due date of the annual or other fee for the 9,950
continuing license.
Sec. 4981.091. THERE IS HEREBY CREATED IN THE STATE 9,952
TREASURY THE FEDERAL RAIL FUND. THE FUND SHALL CONSIST OF MONEY 9,954
RECEIVED PURSUANT TO SECTION 4981.08 OF THE REVISED CODE AND SUCH 9,955
OTHER MONEY AS MAY BE PROVIDED BY LAW. THE FUND SHALL BE USED TO 9,956
ACQUIRE, REHABILITATE, OR DEVELOP RAIL PROPERTY OR SERVICE; TO 9,957
PARTICIPATE IN THE ACQUISITION OF RAIL PROPERTY WITH THE FEDERAL 9,958
GOVERNMENT, MUNICIPAL CORPORATIONS, TOWNSHIPS, COUNTIES, OR OTHER 9,959
GOVERNMENTAL AGENCIES; AND TO PROMOTE, PLAN, DESIGN, CONSTRUCT, 9,960
229
OPERATE, AND MAINTAIN PASSENGER AND FREIGHT RAIL TRANSPORTATION 9,961
SYSTEMS. THE FUND ALSO MAY BE USED TO PAY THE ADMINISTRATIVE 9,962
COSTS OF THE OHIO RAIL DEVELOPMENT COMMISSION ASSOCIATED WITH 9,963
CONDUCTING ANY AUTHORIZED RAIL PROGRAM, AND FOR ANY PURPOSE
AUTHORIZED BY SECTIONS 4981.03 AND 5501.56 OF THE REVISED CODE. 9,964
THE FUND SHALL NOT BE USED TO PROVIDE LOAN GUARANTEES. 9,965
INVESTMENT EARNINGS ON MONEYS CREDITED TO THE FUND SHALL BE 9,966
RETAINED BY THE FUND.
IN ACQUIRING RAIL PROPERTY, THE OHIO RAIL DEVELOPMENT 9,968
COMMISSION MAY OBTAIN ACQUISITION LOANS FROM THE FEDERAL 9,970
GOVERNMENT OR FROM ANY OTHER SOURCE.
Sec. 5711.22. (A) Deposits not taxed at the source shall 9,979
be listed and assessed at their amount in dollars on the day they 9,980
are required to be listed. Moneys shall be listed and assessed 9,981
at the amount thereof in dollars on hand on the day that they are 9,982
required to be listed. In listing investments, the amount of the 9,983
income yield of each for the calendar year next preceding the 9,984
date of listing shall, except as otherwise provided in this 9,985
chapter, be stated in dollars and cents and the assessment 9,986
thereof shall be at the amount of such income yield; but any 9,987
property defined as investments in either division (A) or (B) of 9,988
section 5701.06 of the Revised Code that has not been outstanding 9,990
for the full calendar year next preceding the date of listing, 9,991
except shares of stock of like kind as other shares of the same 9,992
corporation outstanding for the full calendar year next preceding 9,993
the date of listing, or which has yielded no income during such 9,994
calendar year shall be listed and assessed as unproductive 9,995
investments, at their true value in money on the day that such 9,996
investments are required to be listed.
Credits and other taxable intangibles shall be listed and 9,998
assessed at their true value in money on the day as of which the 9,999
same are required to be listed. 10,000
Shares of stock of a bank holding company, as defined in 10,002
Title 12 U.S.C.A., section 1841, which are required to be listed 10,003
230
for taxation under this division and upon which dividends were 10,004
paid during the year of their issuance, which dividends are 10,005
subject to taxation under the provisions of Chapter 5747. of the 10,006
Revised Code, shall be exempt from the intangibles tax for the 10,007
year immediately succeeding their issuance. If such shares bear 10,009
dividends the first calendar year after their issuance, which 10,010
dividends are subject to taxation under the provisions of Chapter 10,011
5747. of the Revised Code, it shall be deemed that the 10,012
nondelinquent intangible property tax pursuant to division (A) of 10,013
section 5707.04 of the Revised Code was paid on those dividends 10,014
paid that first calendar year after the issuance of the shares. 10,015
(B)(1) Boilers, machinery, equipment, and personal 10,017
property the true value of which is determined under division (B) 10,018
of section 5711.21 of the Revised Code shall be listed and 10,019
assessed at an amount equal to the sum of the products determined 10,020
under divisions (B)(1)(a), (b), and (c) of this section. 10,021
(a) Multiply the portion of the true value determined 10,023
under division (B)(1) of section 5711.21 of the Revised Code by 10,024
the assessment rate for the appropriate year in division (D)(E) 10,026
of this section;
(b) Multiply the portion of the true value determined 10,028
under division (B)(2) of section 5711.21 of the Revised Code by 10,029
the assessment rate in section 5727.111 of the Revised Code that 10,030
is applicable to the production equipment of an electric company; 10,031
(c) Multiply the portion of the true value determined 10,033
under division (B)(3) of section 5711.21 of the Revised Code by 10,034
the assessment rate in section 5727.111 of the Revised Code that 10,035
is applicable to the property of an electric company that is not 10,036
production equipment. 10,037
(2) Personal property leased to a public utility or 10,039
interexchange telecommunications company as defined in section 10,040
5727.01 of the Revised Code and used directly in the rendition of 10,041
a public utility service as defined in division (P) of section 10,042
5739.01 of the Revised Code shall be listed and assessed at the 10,043
231
same percentage of true value in money that such property is 10,044
required to be assessed by section 5727.111 of the Revised Code 10,045
if owned by the public utility or interexchange 10,046
telecommunications company. 10,047
(C)(1) Merchandise or an agricultural product shipped from 10,049
outside this state and held in this state in a warehouse or a 10,050
place of storage without further manufacturing or processing and 10,051
for storage only and for shipment outside this state, but that is 10,053
taxable because it does not qualify as "not used in business in 10,055
this state" under division (B)(1) or (2) of section 5701.08 of
the Revised Code, shall be listed and assessed at a rate of 10,056
twenty-five one-hundredths of its true value in money until 10,057
reduced in accordance with the following schedule: 10,058
(a) For any year, subtract five one-hundredths from the 10,060
rate at which such property was required to be listed and 10,061
assessed in the preceding year, if the total statewide collection 10,062
of all real and tangible personal property taxes for the second 10,064
preceding year exceeded the total statewide collection of all
real and tangible personal property taxes for the third preceding 10,065
year by more than the greater of four per cent or the rate of 10,066
increase from the third to the second preceding years in the 10,067
average consumer price index (all urban consumers, all items) 10,068
prepared by the bureau of labor statistics of the United States 10,069
department of labor;
(b) If no reduction in the assessment rate is made for a 10,071
year, the rate is the same as for the preceding year. 10,072
(2) Each year until the year the assessment rate equals 10,074
zero, the tax commissioner shall determine the assessment rate 10,075
required under this division and shall notify all county auditors 10,076
of that rate.
(3) Notwithstanding provisions to the contrary in division 10,078
(B) of section 5701.08 of the Revised Code, during and after the 10,079
year for which the assessment rate as calculated under this 10,080
division equals zero, any merchandise or agricultural product 10,081
232
shipped from outside this state and held in this state in any 10,082
warehouse or place of storage, whether public or private, without
further manufacturing or processing and for storage only and for 10,083
shipment outside this state to any person for any purpose is not 10,084
used in business in this state for property tax purposes. 10,086
(D)(1) Merchandise or an agricultural product owned by a 10,088
qualified out-of-state person shipped from outside this state and 10,090
held in this state in a public warehouse without further
manufacturing or processing and for temporary storage only and 10,091
for shipment inside this state, but that is taxable because it 10,092
does not qualify as "not used in business in this state" under 10,093
division (B)(1) or (2) of section 5701.08 of the Revised Code, 10,096
shall be listed and assessed at a rate of twenty-five 10,097
one-hundredths of its true value in money until reduced in 10,098
accordance with the following schedule: 10,099
(a) For any year, subtract five one-hundredths from the 10,102
rate at which such property was required to be listed and 10,103
assessed in the preceding year, if the total statewide collection 10,104
of all real and tangible personal property taxes for the second 10,105
preceding year exceeded the total statewide collection of all 10,106
real and tangible personal property taxes for the third preceding 10,107
year by more than the greater of four per cent or the rate of 10,108
increase from the third to the second preceding years in the 10,109
average consumer price index (all urban consumers, all items) 10,110
prepared by the bureau of labor statistics of the United States 10,112
department of labor; 10,113
(b) If no reduction in the assessment rate is made for a 10,116
year, the rate is the same as for the preceding year. 10,117
(2) Each year until the year the assessment rate equals 10,119
zero, the tax commissioner shall determine the assessment rate 10,120
required under this division and shall notify all county auditors 10,122
of that rate.
(3) Notwithstanding provisions to the contrary in division 10,125
(B) of section 5701.08 of the Revised Code, during and after the 10,127
233
year for which the assessment rate as calculated under this 10,128
division equals zero, any merchandise or agricultural product 10,129
described in division (D)(1) of this section is not used in 10,131
business in this state for property tax purposes. 10,132
(4) As used in division (D) of this section: 10,135
(a) "Qualified out-of-state person" means a person that 10,138
does not own, lease, or use property, other than merchandise or 10,139
an agricultural product described in this division, in this 10,140
state, and does not have employees, agents, or representatives in 10,141
this state;
(b) "Public warehouse" means a warehouse in this state 10,144
that is not subject to the control of or under the supervision of 10,145
the owner of the merchandise or agricultural product stored in 10,146
it, or staffed by the owner's employees, and from which the 10,147
property is to be shipped inside this state. 10,148
(E) Unless otherwise provided by law, all other personal 10,150
property used in business that has not been legally regarded as 10,151
an improvement on land and considered in arriving at the value of 10,152
the real property assessed for taxation shall be listed and 10,153
assessed at the rate of twenty-five per cent of its true value in 10,155
money.
Sec. 5733.04. As used in this chapter: 10,167
(A) "Issued and outstanding shares of stock" applies to 10,169
nonprofit corporations, as provided in section 5733.01 of the 10,170
Revised Code, and includes but is not limited to, membership 10,171
certificates and other instruments evidencing ownership of an 10,172
interest in such nonprofit corporations, and with respect to a 10,173
financial institution which does not have capital stock, "issued 10,174
and outstanding shares of stock" includes, but is not limited to, 10,175
ownership interests of depositors in the capital employed in such 10,176
an institution. 10,177
(B) "Taxpayer" means a corporation subject to the tax 10,179
imposed by section 5733.06 of the Revised Code. 10,180
(C) "Resident" means a corporation organized under the 10,182
234
laws of this state. 10,183
(D) "Commercial domicile" means the principal place from 10,185
which the trade or business of the taxpayer is directed or 10,186
managed. 10,187
(E) "Taxable year" means the period prescribed by division 10,190
(A) of section 5733.031 of the Revised Code upon the net income 10,192
of which the value of the taxpayer's issued and outstanding 10,193
shares of stock is determined under division (B) of section 10,195
5733.05 of the Revised Code or the period prescribed by division 10,196
(A) of section 5733.031 of the Revised Code that immediately 10,198
precedes the date as of which the total value of the corporation 10,200
is determined under division (A) or (C) of section 5733.05 of the 10,201
Revised Code.
(F) "Tax year" means the calendar year in and for which 10,203
the tax imposed by section 5733.06 of the Revised Code is 10,205
required to be paid.
(G) "Internal Revenue Code" means the "Internal Revenue 10,207
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,208
(H) "Federal income tax" means the income tax imposed by 10,210
the Internal Revenue Code. 10,211
(I) "Net EXCEPT AS PROVIDED IN SECTION 5733.058 OF THE 10,213
REVISED CODE, "NET income" means the taxpayer's taxable income 10,214
before operating loss deduction and special deductions, as 10,215
required to be reported for the taxpayer's taxable year under the 10,216
Internal Revenue Code, subject to the following adjustments: 10,217
(1)(a) Deduct any net operating loss incurred in any 10,219
taxable years ending in 1971 or thereafter but exclusive of any 10,220
net operating loss incurred in taxable years ending prior to 10,221
January 1, 1971. This deduction shall not be allowed in any tax 10,222
year commencing before December 31, 1973, but shall be carried 10,223
over and allowed in tax years commencing after December 31, 1973, 10,224
until fully utilized in the next succeeding taxable year or years 10,225
in which the taxpayer has net income, but in no case for more 10,226
than the designated carryover period as described in division 10,227
235
(I)(1)(b) of this section. The amount of such net operating 10,228
loss, as determined under the allocation and apportionment 10,229
provisions of section 5733.051 and division (B) of section 10,230
5733.05 of the Revised Code for the year in which the net 10,231
operating loss occurs, shall be deducted from net income, as 10,232
determined under the allocation and apportionment provisions of 10,233
section 5733.051 and division (B) of section 5733.05 of the 10,234
Revised Code, to the extent necessary to reduce net income to 10,235
zero with the remaining unused portion of the deduction, if any, 10,236
carried forward to the remaining years of the designated 10,237
carryover period as described in division (I)(1)(b) of this 10,238
section, or until fully utilized, whichever occurs first. 10,239
(b) For losses incurred in taxable years ending on or 10,241
before December 31, 1981, the designated carryover period shall 10,242
be the five consecutive taxable years after the taxable year in 10,243
which the net operating loss occurred. For losses incurred in 10,244
taxable years ending on or after January 1, 1982, the designated 10,245
carryover period shall be the fifteen consecutive taxable years 10,246
after the taxable year in which the net operating loss occurs. 10,247
(c) The tax commissioner may require a taxpayer to furnish 10,249
any information necessary to support a claim for deduction under 10,250
division (I)(1)(a) of this section and no deduction shall be 10,251
allowed unless the information is furnished. 10,252
(2) Deduct any amount included in net income by 10,254
application of section 78 or 951 of the Internal Revenue Code, 10,255
amounts received for royalties, technical or other services 10,256
derived from sources outside the United States, and dividends 10,257
received from a subsidiary, associate, or affiliated corporation 10,258
that neither transacts any substantial portion of its business 10,259
nor regularly maintains any substantial portion of its assets 10,260
within the United States. For purposes of determining net 10,261
foreign source income deductible under division (I)(2) of this 10,262
section, the amount of gross income from all such sources other 10,263
than income derived by application of section 78 or 951 of the 10,264
236
Internal Revenue Code shall be reduced by: 10,265
(a) The amount of any reimbursed expenses for personal 10,267
services performed by employees of the taxpayer for the 10,268
subsidiary, associate, or affiliated corporation; 10,269
(b) Ten per cent of the amount of royalty income and 10,271
technical assistance fees; 10,272
(c) Fifteen per cent of the amount of dividends and all 10,274
other income. 10,275
The amounts described in divisions (I)(2)(a) to (c) of this 10,277
section are deemed to be the expenses attributable to the 10,278
production of deductible foreign source income unless the 10,279
taxpayer shows, by clear and convincing evidence, less actual 10,280
expenses or the tax commissioner shows, by clear and convincing 10,281
evidence, more actual expenses. 10,282
(3) Add any loss or deduct any gain resulting from the 10,284
sale, exchange, or other disposition of a capital asset, or an 10,285
asset described in section 1231 of the Internal Revenue Code, to 10,286
the extent that such loss or gain occurred prior to the first 10,287
taxable year on which the tax provided for in section 5733.06 of 10,288
the Revised Code is computed on the corporation's net income. For 10,290
purposes of division (I)(3) of this section, the amount of the 10,291
prior loss or gain shall be measured by the difference between 10,292
the original cost or other basis of the asset and the fair market 10,293
value as of the beginning of the first taxable year on which the 10,294
tax provided for in section 5733.06 of the Revised Code is 10,295
computed on the corporation's net income. At the option of the 10,296
taxpayer, the amount of the prior loss or gain may be a
percentage of the gain or loss, which percentage shall be 10,297
determined by multiplying the gain or loss by a fraction, the 10,298
numerator of which is the number of months from the acquisition 10,299
of the asset to the beginning of the first taxable year on which 10,300
the fee provided in section 5733.06 of the Revised Code is 10,301
computed on the corporation's net income, and the denominator of 10,302
which is the number of months from the acquisition of the asset 10,303
237
to the sale, exchange, or other disposition of the asset. 10,304
(4) Deduct the dividend received deduction provided by 10,306
section 243 of the Internal Revenue Code. 10,307
(5) Deduct any interest or interest equivalent on public 10,309
obligations and purchase obligations to the extent included in 10,310
federal taxable income. As used in divisions (I)(5) and (6) of 10,311
this section, "public obligations," "purchase obligations," and 10,312
"interest or interest equivalent" have the same meanings as in 10,313
section 5709.76 of the Revised Code. 10,314
(6) Add any loss or deduct any gain resulting from the 10,316
sale, exchange, or other disposition of public obligations to the 10,317
extent included in federal taxable income. 10,318
(7) To the extent not otherwise allowed, deduct any 10,320
dividends or distributions received by a taxpayer from a public 10,321
utility, if the taxpayer owns at least eighty per cent of the 10,322
issued and outstanding common stock of the utility. As used in 10,323
division (I)(7) of this section, "public utility" or "utility" 10,324
means a public utility as defined in Chapter 5727. of the Revised 10,325
Code, whether or not the utility is doing business in the state. 10,326
(8) To the extent not otherwise allowed, deduct any 10,328
dividends received by a taxpayer from an insurance company, if 10,329
the taxpayer owns at least eighty per cent of the issued and 10,330
outstanding common stock of the insurance company. As used in 10,331
division (I)(8) of this section, "insurance company" means an 10,332
insurance company which is taxable under Chapter 5725. or 5729. 10,333
of the Revised Code. 10,334
(9) Deduct expenditures for modifying existing buildings 10,336
or structures to meet American national standards institute 10,337
standard A-117.1-1961 (R-1971), as amended; provided, that no 10,338
deduction shall be allowed to the extent that such deduction is 10,339
not permitted under federal law or under rules of the tax 10,340
commissioner. Those deductions as are allowed may be taken over 10,341
a period of five years. The tax commissioner shall adopt rules 10,342
under Chapter 119. of the Revised Code establishing reasonable 10,343
238
limitations on the extent that expenditures for modifying 10,344
existing buildings or structures are attributable to the purpose 10,345
of making the buildings or structures accessible to and usable by 10,346
physically handicapped persons. 10,347
(10) Deduct the amount of wages and salaries, if any, not 10,349
otherwise allowable as a deduction but that would have been 10,350
allowable as a deduction in computing federal taxable income 10,351
before operating loss deduction and special deductions for the 10,352
taxable year, had the targeted jobs credit allowed and determined 10,353
under sections 38, 51, and 52 of the Internal Revenue Code not 10,354
been in effect. 10,355
(11) Deduct net interest income on obligations of the 10,357
United States and its territories and possessions or of any 10,358
authority, commission, or instrumentality of the United States to 10,359
the extent the laws of the United States prohibit inclusion of 10,360
the net interest for purposes of determining the value of the 10,361
taxpayer's issued and outstanding shares of stock under division 10,362
(B) of section 5733.05 of the Revised Code. As used in division 10,363
(I)(11) of this section, "net interest" means interest net of any 10,364
expenses taken on the federal income tax return that would not 10,365
have been allowed under section 265 of the Internal Revenue Code 10,366
if the interest were exempt from federal income tax. 10,367
(12)(a) Except as set forth in division (I)(12)(d) of this 10,369
section, to the extent not included in computing the taxpayer's 10,370
federal taxable income before operating loss deduction and 10,371
special deductions, add gains and deduct losses from direct or 10,372
indirect sales, exchanges, or other dispositions, made by a 10,373
related entity who is not a taxpayer, of the taxpayer's indirect, 10,374
beneficial, or constructive investment in the stock or debt of 10,375
another entity, unless the gain or loss has been included in 10,376
computing the federal taxable income before operating loss 10,377
deduction and special deductions of another taxpayer with a more 10,378
closely related investment in the stock or debt of the other 10,379
entity. The amount of gain added or loss deducted shall not 10,380
239
exceed the product obtained by multiplying such gain or loss by 10,381
the taxpayer's proportionate share, directly, indirectly, 10,382
beneficially, or constructively, of the outstanding stock of the 10,383
related entity immediately prior to the direct or indirect sale, 10,384
exchange, or other disposition. 10,385
(b) Except as set forth in division (I)(12)(e) of this 10,387
section, to the extent not included in computing the taxpayer's 10,388
federal taxable income before operating loss deduction and 10,389
special deductions, add gains and deduct losses from direct or 10,390
indirect sales, exchanges, or other dispositions made by a 10,391
related entity who is not a taxpayer, of intangible property 10,392
other than stock, securities, and debt, if such property was 10,393
owned, or used in whole or in part, at any time prior to or at 10,394
the time of the sale, exchange, or disposition by either the 10,395
taxpayer or by a related entity that was a taxpayer at any time 10,396
during the related entity's ownership or use of such property, 10,397
unless the gain or loss has been included in computing the 10,398
federal taxable income before operating loss deduction and 10,399
special deductions of another taxpayer with a more closely 10,400
related ownership or use of such intangible property. The 10,401
amount of gain added or loss deducted shall not exceed the 10,402
product obtained by multiplying such gain or loss by the 10,403
taxpayer's proportionate share, directly, indirectly, 10,404
beneficially, or constructively, of the outstanding stock of the 10,405
related entity immediately prior to the direct or indirect sale, 10,406
exchange, or other disposition. 10,407
(c) As used in division (I)(12) of this section, "related 10,409
entity" means those entities described in divisions (I)(12)(c)(i) 10,410
to (iii) of this section: 10,411
(i) An individual stockholder, or a member of the 10,413
stockholder's family enumerated in section 318 of the Internal 10,414
Revenue Code, if the stockholder and the members of the 10,415
stockholder's family own, directly, indirectly, beneficially, or 10,416
constructively, in the aggregate, at least fifty per cent of the 10,417
240
value of the taxpayer's outstanding stock; 10,418
(ii) A stockholder, or a stockholder's partnership, 10,420
estate, trust, or corporation, if the stockholder and the 10,421
stockholder's partnerships, estates, trusts, and corporations own 10,422
directly, indirectly, beneficially, or constructively, in the 10,423
aggregate, at least fifty per cent of the value of the taxpayer's 10,424
outstanding stock; 10,425
(iii) A corporation, or a party related to the corporation 10,427
in a manner that would require an attribution of stock from the 10,428
corporation to the party or from the party to the corporation 10,429
under division (I)(12)(c)(iv) of this section, if the taxpayer 10,430
owns, directly, indirectly, beneficially, or constructively, at 10,431
least fifty per cent of the value of the corporation's 10,432
outstanding stock. 10,433
(iv) The attribution rules of section 318 of the Internal 10,435
Revenue Code apply for purposes of determining whether the 10,436
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 10,437
this section have been met. 10,438
(d) For purposes of the adjustments required by division 10,440
(I)(12)(a) of this section, the term "investment in the stock or 10,441
debt of another entity" means only those investments where the 10,442
taxpayer and the taxpayer's related entities directly, 10,443
indirectly, beneficially, or constructively own, in the 10,444
aggregate, at any time during the twenty-four month period 10,445
commencing one year prior to the direct or indirect sale, 10,446
exchange, or other disposition of such investment at least fifty 10,447
per cent or more of the value of either the outstanding stock or 10,448
such debt of such other entity. 10,449
(e) For purposes of the adjustments required by division 10,451
(I)(12)(b) of this section, the term "related entity" excludes 10,452
all of the following: 10,453
(i) Foreign corporations as defined in section 7701 of the 10,455
Internal Revenue Code; 10,456
(ii) Foreign partnerships as defined in section 7701 of 10,458
241
the Internal Revenue Code; 10,459
(iii) Corporations, partnerships, estates, and trusts 10,461
created or organized in or under the laws of the Commonwealth of 10,462
Puerto Rico or any possession of the United States; 10,463
(iv) Foreign estates and foreign trusts as defined in 10,465
section 7701 of the Internal Revenue Code. 10,466
The exclusions described in divisions (I)(12)(e)(i) to (iv) 10,468
of this section do not apply if the corporation, partnership, 10,469
estate, or trust is described in any one of divisions (C)(1) to 10,470
(5) of section 5733.042 of the Revised Code. 10,471
(f) Nothing in division (I)(12) of this section shall 10,473
require or permit a taxpayer to add any gains or deduct any 10,474
losses described in divisions (I)(12)(f)(i) and (ii) of this 10,475
section: 10,476
(i) Gains or losses recognized for federal income tax 10,478
purposes by an individual, estate, or trust without regard to the 10,479
attribution rules described in division (I)(12)(c) of this 10,480
section, and 10,481
(ii) A related entity's gains or losses described in 10,483
division (I)(12)(b) if the taxpayer's ownership of or use of such 10,484
intangible property was limited to a period not exceeding nine 10,485
months and was attributable to a transaction or a series of 10,486
transactions executed in accordance with the election or 10,487
elections made by the taxpayer or a related entity pursuant to 10,488
section 338 of the Internal Revenue Code. 10,489
(13) Any adjustment required by section 5733.042 of the 10,491
Revised Code. 10,492
(14) Add any amount claimed as a credit under section 10,495
5733.0611 of the Revised Code to the extent that such amount 10,498
satisfies either of the following:
(a) It was deducted or excluded from the computation of 10,500
the corporation's taxable income before operating loss deduction 10,502
and special deductions as required to be reported for the 10,503
corporation's taxable year under the Internal Revenue Code; 10,506
242
(b) It resulted in a reduction of the corporation's 10,508
taxable income before operating loss deduction and special 10,510
deductions as required to be reported for any of the 10,511
corporation's taxable years under the Internal Revenue Code. 10,514
(14)(15) Deduct the amount contributed by the taxpayer to 10,517
an individual development account program established by a county 10,518
department of human services pursuant to sections 329.11 to 10,519
329.14 of the Revised Code for the purpose of matching funds 10,522
deposited by program participants. On request of the tax 10,523
commissioner, the taxpayer shall provide any information that, in 10,524
the tax commissioner's opinion, is necessary to establish the 10,525
amount deducted under division (I)(14)(15) of this section. 10,526
(J) Any term used in this chapter has the same meaning as 10,528
when used in comparable context in the laws of the United States 10,529
relating to federal income taxes unless a different meaning is 10,530
clearly required. Any reference in this chapter to the Internal 10,531
Revenue Code includes other laws of the United States relating to 10,532
federal income taxes. 10,533
(K) "Financial institution" has the meaning given by 10,535
section 5725.01 of the Revised Code but does not include a 10,537
production credit association as described in 85 Stat. 597, 12 10,538
U.S.C.A. 2091. 10,540
(L)(1) A "qualifying holding company" is any corporation 10,543
satisfying all of the following requirements: 10,544
(a) Subject to divisions (L)(2) and (3) of this section, 10,547
the net book value of the corporation's intangible assets is 10,548
greater than or equal to ninety per cent of the net book value of 10,549
all of its assets and at least fifty per cent of the net book 10,550
value of all of its assets represents direct or indirect 10,551
investments in the equity of, loans and advances to, and accounts 10,553
receivable due from related members;
(b) At least ninety per cent of the corporation's gross 10,556
income for the taxable year is attributable to the following: 10,557
(i) The maintenance, management, ownership, acquisition, 10,559
243
use, and disposition of its intangible property, its aircraft the 10,561
use of which is not subject to regulation under 14 C.F.R. part 10,563
121 or part 135, and any real property described in division 10,564
(L)(2)(c) of this section; 10,566
(ii) The collection and distribution of income from such 10,569
property.
(c) The corporation is not a financial institution on the 10,572
last day of the taxable year ending prior to the first day of the 10,574
tax year;
(d) The corporation's related members make a good faith 10,577
and reasonable effort to make timely and fully the adjustments 10,578
required by division (C)(2) of section 5733.05 of the Revised 10,580
Code and to pay timely and fully all uncontested taxes, interest, 10,581
penalties, and other fees and charges imposed under this chapter; 10,582
(e) Subject to division (L)(4) of this section, the 10,585
corporation elects to be treated as a qualifying holding company 10,586
for the tax year. 10,587
A corporation otherwise satisfying divisions (L)(1)(a) to 10,591
(e) of this section that does not elect to be a qualifying 10,592
holding company is not a qualifying holding company for the 10,593
purposes of this chapter.
(2)(a)(i) For purposes of making the ninety per cent 10,596
computation under division (L)(1)(a) of this section, the net 10,599
book value of the corporation's assets shall not include the net 10,600
book value of aircraft or real property described in division 10,601
(L)(1)(b)(i) of this section. 10,603
(ii) For purposes of making the fifty per cent computation 10,606
under division (L)(1)(a) of this section, the net book value of 10,608
assets shall include the net book value of aircraft or real 10,609
property described in division (L)(1)(b)(i) of this section. 10,612
(b)(i) As used in division (L) of this section, 10,615
"intangible asset" includes, but is not limited to, the 10,616
corporation's direct interest in each pass-through entity only if 10,617
at all times during the corporation's taxable year ending prior 10,618
244
to the first day of the tax year the corporation's and the 10,619
corporation's related members' combined direct and indirect 10,620
interests in the capital or profits of such pass-through entity 10,621
do not exceed fifty per cent. If the corporation's interest in 10,622
the pass-through entity is an intangible asset for that taxable 10,623
year, then the distributive share of any income from the 10,624
pass-through entity shall be income from an intangible asset for 10,625
that taxable year.
(ii) If a corporation's and the corporation's related 10,628
members' combined direct and indirect interests in the capital or 10,629
profits of a pass-through entity exceed fifty per cent at any 10,630
time during the corporation's taxable year ending prior to the 10,631
first day of the tax year, "intangible asset" does not include 10,632
the corporation's direct interest in the pass-through entity, and 10,633
the corporation shall include in its assets its proportionate 10,634
share of the assets of any such pass-through entity and shall 10,635
include in its gross income its distributive share of the gross 10,636
income of such pass-through entity in the same form as was earned 10,637
by the pass-through entity. 10,638
(iii) A pass-through entity's direct or indirect 10,641
proportionate share of any other pass-through entity's assets 10,642
shall be included for the purpose of computing the corporation's 10,643
proportionate share of the pass-through entity's assets under 10,644
division (L)(2)(b)(ii) of this section, and such pass-through 10,646
entity's distributive share of any other pass-through entity's 10,647
gross income shall be included for purposes of computing the 10,648
corporation's distributive share of the pass-through entity's 10,649
gross income under division (L)(2)(b)(ii) of this section. 10,652
(c) For the purposes of divisions (L)(1)(b)(i), 10,655
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real 10,658
property is described in division (L)(2)(c) of this section only 10,660
if all of the following conditions are present at all times 10,661
during the taxable year ending prior to the first day of the tax 10,662
year:
245
(i) The real property serves as the headquarters of the 10,665
corporation's trade or business, or is the place from which the 10,666
corporation's trade or business is principally managed or 10,667
directed;
(ii) Not more than ten per cent of the value of the real 10,670
property and not more than ten per cent of the square footage of 10,671
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing, 10,672
acquiring, transferring, selling, or disposing of tangible 10,674
property or services in the normal course of business to persons 10,675
other than related members, the corporation's employees and their 10,676
families, and such related members' employees and their families. 10,677
(d) As used in division (L) of this section, "related 10,679
member" has the same meaning as in division (A)(6) of section 10,682
5733.042 of the Revised Code without regard to division (B) of 10,685
that section.
(3) The percentages described in division (L)(1)(a) of 10,689
this section shall be equal to the quarterly average of those 10,690
percentages as calculated during the corporation's taxable year 10,691
ending prior to the first day of the tax year. 10,692
(4) With respect to the election described in division 10,694
(L)(1)(e) of this section: 10,696
(a) The election need not accompany a timely filed report; 10,699
(b) The election need not accompany the report; rather, 10,701
the election may accompany a subsequently filed but timely 10,702
application for refund and timely amended report, or a 10,704
subsequently filed but timely petition for reassessment; 10,705
(c) The election is not irrevocable; 10,708
(d) The election applies only to the tax year specified by 10,711
the corporation;
(e) The corporation's related members comply with division 10,713
(L)(1)(d) of this section. 10,714
Nothing in division (L)(4) of this section shall be 10,717
construed to extend any statute of limitations set forth in this 10,718
246
chapter. 10,719
(M) "Qualifying controlled group" means two or more 10,722
corporations that satisfy the ownership and control requirements 10,723
of division (A) of section 5733.052 of the Revised Code. 10,726
(N) "Limited liability company" means any limited 10,728
liability company formed under Chapter 1705. of the Revised Code 10,730
or under the laws of any other state.
(O) "Pass-through entity" means a corporation that has 10,733
made an election under subchapter S of Chapter 1 of Subtitle A of 10,735
the Internal Revenue Code for its taxable year under that code, 10,738
or a partnership, limited liability company, or any other person, 10,739
other than an individual, trust, or estate, if the partnership, 10,740
limited liability company, or other person is not classified for 10,741
federal income tax purposes as an association taxed as a 10,742
corporation. 10,743
Sec. 5733.05. As used in this section, "qualified 10,752
research" means laboratory research, experimental research, and 10,753
other similar types of research; research in developing or 10,754
improving a product; or research in developing or improving the 10,755
means of producing a product. It does not include market 10,756
research, consumer surveys, efficiency surveys, management 10,757
studies, ordinary testing or inspection of materials or products 10,758
for quality control, historical research, or literary research. 10,759
"Product" as used in this paragraph does not include services or 10,760
intangible property. 10,761
The annual report determines the value of the issued and 10,764
outstanding shares of stock of the taxpayer, which under division 10,765
(A) or divisions (B) and (C) of this section is the base or 10,766
measure of the franchise tax liability. Such determination shall 10,767
be made as of the date shown by the report to have been the 10,768
beginning of the corporation's annual accounting period that 10,769
includes the first day of January of the tax year. For the 10,770
purposes of this chapter, the value of the issued and outstanding 10,772
shares of stock of any corporation that is a financial 10,774
247
institution shall be deemed to be the value as calculated in 10,776
accordance with division (A) of this section. For the purposes 10,778
of this chapter, the value of the issued and outstanding shares 10,779
of stock of any corporation that is not a financial institution 10,780
shall be deemed to be the values as calculated in accordance with 10,781
divisions (B) and (C) of this section. 10,782
(A) The total value, as shown by the books of the 10,784
financial institution, of its capital, surplus, whether earned or 10,786
unearned, undivided profits, and reserves shall be determined as 10,788
prescribed by section 5733.056 of the Revised Code for tax years 10,789
1998 and thereafter. 10,790
(B) The sum of the corporation's net income during the 10,792
corporation's taxable year, allocated or apportioned to this 10,794
state as prescribed in divisions (B)(1) and (2) of this section, 10,796
and subject to sections 5733.052, 5733.053, and 5733.057, AND 10,797
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 10,799
section 5733.051 of the Revised Code. 10,800
(2) The amount of Ohio apportioned net income from sources 10,802
other than those allocated under section 5733.051 of the Revised 10,803
Code, which shall be determined by multiplying the corporation's 10,804
net income by a fraction. The numerator of the fraction is the 10,806
sum of the following products: the property factor multiplied by 10,809
twenty, the payroll factor multiplied by twenty, and the sales 10,810
factor multiplied by sixty. The denominator of the fraction is 10,812
one hundred, provided that the denominator shall be reduced by 10,814
twenty if the property factor has a denominator of zero, by 10,816
twenty if the payroll factor has a denominator of zero, and by 10,817
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 10,819
determined as follows:
(a) The property factor is a fraction the numerator of 10,821
which is the average value of the corporation's real and tangible 10,822
personal property owned or rented, and used in the trade or 10,823
248
business in this state during the taxable year, and the 10,824
denominator of which is the average value of all the 10,825
corporation's real and tangible personal property owned or 10,826
rented, and used in the trade or business everywhere during such 10,827
year. There shall be excluded from the numerator and denominator 10,828
of the property factor the original cost of all of the following 10,829
property within Ohio: property with respect to which a 10,830
"pollution control facility" certificate has been issued pursuant 10,831
to section 5709.21 of the Revised Code; property with respect to 10,832
which an "industrial water pollution control certificate" has 10,833
been issued pursuant to section 6111.31 of the Revised Code; and 10,834
property used exclusively during the taxable year for qualified 10,835
research. 10,836
(i) Property owned by the corporation is valued at its 10,838
original cost. Property rented by the corporation is valued at 10,839
eight times the net annual rental rate. "Net annual rental rate" 10,840
means the annual rental rate paid by the corporation less any 10,841
annual rental rate received by the corporation from subrentals. 10,842
(ii) The average value of property shall be determined by 10,844
averaging the values at the beginning and the end of the taxable 10,845
year, but the tax commissioner may require the averaging of 10,846
monthly values during the taxable year, if reasonably required to 10,847
reflect properly the average value of the corporation's property. 10,848
(b) The payroll factor is a fraction the numerator of 10,850
which is the total amount paid in this state during the taxable 10,851
year by the corporation for compensation, and the denominator of 10,852
which is the total compensation paid everywhere by the 10,853
corporation during such year. There shall be excluded from the 10,854
numerator and the denominator of the payroll factor the total 10,855
compensation paid in this state to employees who are primarily 10,856
engaged in qualified research. 10,857
(i) Compensation means any form of remuneration paid to an 10,859
employee for personal services. 10,860
(ii) Compensation is paid in this state if: (1) the 10,862
249
recipient's service is performed entirely within this state, (2) 10,863
the recipient's service is performed both within and without this 10,864
state, but the service performed without this state is incidental 10,865
to the recipient's service within this state, (3) some of the 10,866
service is performed within this state and either the base of 10,867
operations, or if there is no base of operations, the place from 10,868
which the service is directed or controlled is within this state, 10,869
or the base of operations or the place from which the service is 10,870
directed or controlled is not in any state in which some part of 10,871
the service is performed, but the recipient's residence is in 10,872
this state. 10,873
(iii) Compensation is paid in this state to any employee 10,875
of a common or contract motor carrier corporation, who performs 10,876
the employee's regularly assigned duties on a motor vehicle in 10,878
more than one state, in the same ratio by which the mileage 10,879
traveled by such employee within the state bears to the total 10,880
mileage traveled by such employee everywhere during the taxable 10,881
year.
(c) The sales factor is a fraction the numerator of which 10,883
is the total sales in this state by the corporation during the 10,884
taxable year, and the denominator of which is the total sales by 10,885
the corporation everywhere during such year. In determining the 10,886
numerator and denominator of the sales factor, receipts from the 10,887
sale or other disposal of a capital asset or an asset described 10,888
in section 1231 of the Internal Revenue Code shall be eliminated. 10,889
Also, in determining the numerator and denominator of the sales 10,890
factor, in the case of a reporting corporation owning at least 10,891
eighty per cent of the issued and outstanding common stock of one 10,892
or more public utilities or insurance companies, or owning at 10,893
least twenty-five per cent of the issued and outstanding common 10,894
stock of one or more financial institutions, receipts received by 10,895
the reporting corporation from such utilities, insurance 10,896
companies, and financial institutions shall be eliminated. 10,897
For the purpose of this section and section 5733.03 of the 10,899
250
Revised Code, sales of tangible personal property are in this 10,900
state where such property is received in this state by the 10,901
purchaser. In the case of delivery of tangible personal property 10,902
by common carrier or by other means of transportation, the place 10,903
at which such property is ultimately received after all 10,904
transportation has been completed shall be considered as the 10,905
place at which such property is received by the purchaser. 10,906
Direct delivery in this state, other than for purposes of 10,907
transportation, to a person or firm designated by a purchaser 10,908
constitutes delivery to the purchaser in this state, and direct 10,909
delivery outside this state to a person or firm designated by a 10,910
purchaser does not constitute delivery to the purchaser in this 10,911
state, regardless of where title passes or other conditions of 10,912
sale. 10,913
Sales, other than sales of tangible personal property, are 10,915
in this state if either: 10,916
(i) The income-producing activity is performed solely in 10,918
this state; 10,919
(ii) The income-producing activity is performed both 10,921
within and without this state and a greater proportion of the 10,922
income-producing activity is performed within this state than in 10,924
any other state, based on costs of performance. 10,925
(d) If the allocation and apportionment provisions of 10,927
division (B) of this section do not fairly represent the extent 10,929
of the taxpayer's business activity in this state, the taxpayer 10,930
may request, which request must be in writing and must accompany 10,931
the report, timely filed petition for reassessment, or timely 10,932
filed amended report, or the tax commissioner may require, in 10,933
respect to all or any part of the taxpayer's allocated or 10,934
apportioned base, if reasonable, any one or more of the 10,935
following:
(i) Separate accounting; 10,937
(ii) The exclusion of any one or more of the factors; 10,939
(iii) The inclusion of one or more additional factors 10,941
251
which will fairly represent the taxpayer's allocated or 10,942
apportioned base in this state. 10,943
An alternative method will be effective only with approval 10,945
by the tax commissioner. 10,946
Nothing in this section shall be construed to extend any 10,948
statute of limitations set forth in this chapter. 10,949
(C)(1) Subject to divisions (C)(2) and (3) of this 10,952
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 10,953
book value of a corporation's assets less the net carrying value 10,955
of its liabilities. For the purposes of determining that total 10,956
value, any reserves shown on the corporation's books shall be 10,957
considered liabilities or contra assets except for any reserves
that are deemed appropriations of retained earnings under 10,958
generally accepted accounting principles. 10,959
(2)(a) If, on the last day of the taxpayer's taxable year 10,962
preceding the tax year, the taxpayer is a related member to a 10,963
corporation that elects to be a qualifying holding company for 10,964
the tax year beginning after the last day of the taxpayer's 10,965
taxable year, or if, on the last day of the taxpayer's taxable 10,966
year preceding the tax year, a corporation that elects to be a 10,967
qualifying holding company for the tax year beginning after the 10,968
last day of the taxpayer's taxable year is a related member to 10,969
the taxpayer, then the taxpayer's total value shall be adjusted 10,970
by the qualifying amount. Except as otherwise provided under 10,971
division (C)(2)(b) of this section, "qualifying amount" means the 10,972
amount that, when added to the taxpayer's total value, and when 10,974
subtracted from the net carrying value of the taxpayer's 10,975
liabilities computed without regard to division (C)(2) of this 10,977
section, or when subtracted from the taxpayer's total value and 10,979
when added to the net carrying value of the taxpayer's 10,980
liabilities computed without regard to division (C)(2) of this 10,982
section, results in the taxpayer's debt-to-equity ratio equaling 10,983
the debt-to-equity ratio of the qualifying controlled group on 10,984
252
the last day of the taxable year ending prior to the first day of 10,985
the tax year computed on a consolidated basis in accordance with 10,987
general accepted accounting principles. For the purposes of 10,988
division (C)(2)(a) of this section, the corporation's total 10,989
value, after the adjustment required by that division, shall not 10,990
exceed the net book value of the corporation's assets. 10,991
(b)(i) The amount added to the taxpayer's total value and 10,994
subtracted from the net carrying value of the taxpayer's 10,995
liabilities shall not exceed the amount of the net carrying value 10,996
of the taxpayer's liabilities owed to the taxpayer's related 10,998
members.
(ii) A liability owed to the taxpayer's related members 11,000
includes, but is not limited to, any amount that the corporation 11,002
owes to a person that is not a related member if the 11,003
corporation's related member or related members in whole or in 11,004
part guarantee any portion or all of that amount, or pledge, 11,005
hypothecate, mortgage, or carry out any similar transactions to 11,006
secure any portion or all of that amount. 11,007
(3) The base upon which the tax is levied under division 11,009
(C) of section 5733.06 of the Revised Code shall be computed by 11,011
multiplying the amount determined under divisions (C)(1) and (2) 11,013
of this section by the fraction determined under divisions 11,014
(B)(2)(a) to (c) of this section and, if applicable, divisions 11,017
(B)(2)(d)(ii) to (iv) of this section but without regard to 11,019
section 5733.052 of the Revised Code. 11,020
(4) For purposes of division (C) of this section, "related 11,024
member" has the same meaning as in division (A)(6) of section 11,025
5733.042 of the Revised Code without regard to division (B) of 11,026
that section.
Sec. 5733.057. In AS USED IN THIS SECTION, "ADJUSTED 11,035
QUALIFYING AMOUNT" HAS THE SAME MEANING AS IN SECTION 5733.40 OF 11,036
THE REVISED CODE.
EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (A) AND (B) OF 11,038
SECTION 5733.401 AND IN SECTIONS 5733.058 AND 5747.401 OF THE 11,039
253
REVISED CODE, IN making any computation under sections 5733.042, 11,041
5733.05, 5733.051, 5733.052, and 5733.053, 5733.40, 5733.41, 11,042
5747.41, AND 5747.43 of the Revised Code, a corporation EACH 11,044
PERSON shall include in its THAT PERSON'S items of ADJUSTED 11,045
QUALIFYING AMOUNTS, allocable income or loss, IF ANY, 11,046
apportionable income or loss, property, compensation, and sales, 11,048
the corporation's PERSON'S entire distributive share or 11,049
proportionate share of the items of ADJUSTED QUALIFYING AMOUNTS, 11,051
allocable income or loss, apportionable income or loss, property, 11,053
compensation, and sales of any pass-through entity in which the
corporation PERSON has a direct or indirect ownership interest at 11,055
any time during the corporation's PERSON'S taxable year. A 11,056
pass-through entity's direct or indirect distributive share or 11,057
proportionate share of any other pass-through entity's items of 11,058
ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, 11,060
apportionable income or loss, property, compensation, and sales 11,061
shall be included for the purposes of computing the corporation's 11,062
PERSON'S distributive share or proportionate share of the 11,063
pass-through entity's items of ADJUSTED QUALIFYING AMOUNTS, 11,064
allocable income or loss, apportionable income or loss, property, 11,066
compensation, and sales under this section. Those items shall be 11,067
in the same form as was recognized by the pass-through entity. 11,068
Sec. 5733.058. (A) AS USED IN THIS SECTION, AN "EXEMPTED 11,070
INVESTMENT" IS A DIRECT OR INDIRECT INVESTMENT IN THE EQUITY OF, 11,071
OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PERSON SATISFYING 11,072
DIVISIONS (A)(1) AND (2) OF THIS SECTION FOR THE PERSON'S ENTIRE 11,073
FISCAL OR CALENDAR YEAR ENDING WITHIN OR WITH THE CORPORATION'S 11,074
TAXABLE YEAR ENDING IMMEDIATELY PRIOR TO THE TAX YEAR. 11,075
(1) THE PERSON IS A LIMITED LIABILITY COMPANY NOT TREATED 11,077
AS A SEPARATE C CORPORATION FOR FEDERAL INCOME TAX PURPOSES, OR 11,078
THE PERSON IS A PASS-THROUGH ENTITY. 11,079
(2) THE PERSON OWNS AND OPERATES A PUBLIC UTILITY IN THIS 11,081
STATE AND AS SUCH IS REQUIRED BY LAW TO FILE REPORTS WITH THE TAX 11,082
COMMISSIONER AND PAY AN EXCISE TAX UPON ITS GROSS RECEIPTS. 11,083
254
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 11,085
EACH CORPORATION DIRECTLY OR INDIRECTLY OWNING OR DIRECTLY OR 11,086
INDIRECTLY HAVING AN EQUITY INVESTMENT IN AN EXEMPTED INVESTMENT 11,087
SHALL MAKE THE ADJUSTMENTS REQUIRED BY DIVISIONS (B)(1) TO (4) OF 11,088
THIS SECTION.
(1) THE CORPORATION SHALL DEDUCT FROM ITS NET INCOME THE 11,090
DISTRIBUTIVE SHARE OF NET INCOME AND GAIN ATTRIBUTABLE TO THE 11,091
CORPORATION'S EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH 11,092
NET INCOME AND GAIN ARE INCLUDED IN THE CORPORATION'S NET INCOME 11,093
WITHOUT REGARD TO THIS SECTION.
(2) THE CORPORATION SHALL ADD TO ITS NET INCOME THE 11,095
DISTRIBUTIVE SHARE OF EXPENSES AND LOSSES ATTRIBUTABLE TO THE 11,096
EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH EXPENSES AND 11,097
LOSSES HAVE BEEN DEDUCTED IN CALCULATING THE CORPORATION'S NET 11,098
INCOME WITHOUT REGARD TO THIS SECTION.
(3)(a) THE CORPORATION SHALL EXCLUDE FROM THE CALCULATION 11,100
OF ITS PROPERTY, PAYROLL, AND SALES FACTORS, AS DEFINED IN 11,101
DIVISIONS (B)(2)(a) TO (c) OF SECTION 5733.05 OF THE REVISED 11,103
CODE, THE CORPORATION'S PROPORTIONATE SHARE OF THE PROPERTY,
PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT, BUT 11,104
ONLY TO THE EXTENT THE CORPORATION'S PROPORTIONATE SHARE OF THE 11,105
PROPERTY, PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED 11,106
INVESTMENT WOULD BE INCLUDED IN THE CALCULATION OF THE 11,108
CORPORATION'S PROPERTY, PAYROLL, AND SALES FACTORS UNDER SECTION
5733.057 OF THE REVISED CODE WITHOUT REGARD TO THIS SECTION. 11,109
(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO 11,112
DIVISION (B)(2)(d) OF SECTION 5733.05 OF THE REVISED CODE. 11,113
(4) NOTWITHSTANDING SECTION 5733.98 OF THE REVISED CODE TO 11,115
THE CONTRARY, A CORPORATION SHALL NOT BE ALLOWED ANY 11,116
NONREFUNDABLE CREDIT OR NONREFUNDABLE CREDIT CARRYFORWARD LISTED 11,117
IN THAT SECTION TO THE EXTENT THE CREDIT IS ATTRIBUTABLE TO THE 11,118
CORPORATION'S DIRECT OR INDIRECT OWNERSHIP OF OR EQUITY
INVESTMENT IN AN EXEMPTED INVESTMENT AND SUCH CREDIT DIRECTLY 11,119
RELATES TO THE OWNING AND OPERATING OF A PUBLIC UTILITY IN THIS 11,120
255
STATE BY A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS 11,121
SECTION.
(C)(1) THE ADJUSTMENTS PROVIDED BY DIVISION (B) OF THIS 11,123
SECTION SHALL BE ALLOWED AND REQUIRED ONLY TO THE EXTENT THAT 11,124
SUCH ADJUSTMENTS DIRECTLY RELATE TO THE OWNING AND OPERATING OF A 11,125
PUBLIC UTILITY IN THIS STATE BY A PERSON DESCRIBED IN DIVISIONS 11,126
(A)(1) AND (2) OF THIS SECTION.
(2) TO THE EXTENT THAT ANY GROSS RECEIPTS OF A PERSON 11,128
DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION ARE NOT FOR 11,129
BUSINESS DONE BY SUCH PERSON FROM THE DIRECT OR INDIRECT 11,130
OPERATION OF, OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PUBLIC 11,131
UTILITY IN THIS STATE, THEN SUCH GROSS RECEIPTS AND RELATED 11,132
PROPERTY AND PAYROLL SHALL NOT BE SUBJECT TO THE ADJUSTMENT 11,133
OTHERWISE PROVIDED BY DIVISION (B) OF THIS SECTION.
(3) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 11,135
CORPORATION, AND SECTION 5733.057 OF THE REVISED CODE SHALL APPLY 11,136
TO THE CORPORATION'S COMPUTATION OF ITS NET INCOME, ITS PROPERTY, 11,137
PAYROLL, AND SALES FACTORS, AND ITS CREDITS TO THE EXTENT THAT 11,138
THE PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION 11,139
DIRECTLY OR INDIRECTLY OWNS OR DIRECTLY OR INDIRECTLY HAS AN 11,141
EQUITY INVESTMENT IN ANY OTHER PERSON DESCRIBED IN DIVISION 11,142
(A)(1) OF THIS SECTION BUT NOT DESCRIBED IN DIVISION (A)(2) OF 11,143
THIS SECTION.
(D) SECTION 5733.057 OF THE REVISED CODE APPLIES FOR 11,145
PURPOSES OF THE OWNERSHIP AND INVESTMENT CRITERIA SET FORTH IN 11,146
THIS SECTION.
(E) THIS SECTION IS EFFECTIVE FOR TAXABLE YEARS ENDING 11,148
AFTER SEPTEMBER 28, 1997. 11,149
Sec. 5733.0611. (A) There is hereby allowed a 11,158
nonrefundable credit against the tax imposed under section 11,159
5733.06 of the Revised Code. The credit shall be equal to the 11,160
taxpayer's proportionate share of the lesser of either the tax 11,161
due or the tax paid by any qualifying entity under section 11,162
5733.41 of the Revised Code for the qualifying taxable year of 11,163
256
the qualifying entity that ends in the taxable year of the 11,164
taxpayer. The taxpayer shall claim the credit for the taxpayer's 11,165
taxable year in which ends the qualifying entity's qualifying 11,166
taxable year.
In claiming the credit and determining its proportionate 11,169
share of the tax due and the tax paid by the qualifying entity, 11,170
the person claiming the credit shall follow the concepts set 11,171
forth in subchapter K of the Internal Revenue Code. Nothing in 11,172
this division shall be construed to limit or disallow 11,173
pass-through treatment of a pass-through entity's income, 11,174
deductions, credits, or other amounts necessary to compute the 11,175
tax imposed and the credits allowed under this chapter.
The credit shall be claimed in the order required under 11,177
section 5733.98 of the Revised Code. Any unused credit shall be 11,179
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 11,181
the balance carried forward to the next ensuing tax year.
(B) Any person that is not a taxpayer solely by reason of 11,183
division (A) or (C) of section 5733.09 of the Revised Code OR A 11,184
PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL REVENUE CODE 11,186
OR DIVISION (F) OF SECTION 3334.01 OF THE REVISED CODE, but that 11,187
would be entitled to claim the nonrefundable credit under this 11,188
section if that person were a taxpayer, may file an application 11,189
for refund pursuant to section 5733.12 of the Revised Code. Upon 11,190
proper application for refund under that section, the tax
commissioner shall issue a refund in the amount of the credit to 11,191
which that person would have been entitled under division (A)(1) 11,193
of this section had IF the person HAD been a taxpayer, and as if 11,194
the credit were a refundable credit. 11,195
(C) If AN ORGANIZATION DESCRIBED IN SECTION 401(a) OF THE 11,197
INTERNAL REVENUE CODE OR a trust or fund is entitled to a 11,199
proportionate share of the lesser of either the tax due or the 11,200
tax paid by any qualifying entity under section 5733.41 of the 11,201
Revised Code, and if that proportionate share is then OR COULD BE 11,202
257
allocable to an exempt person as defined in division (D) of this 11,203
section, then the qualifying ORGANIZATION, trust, or fund may 11,205
file an application for refund with respect to such allocable 11,206
amounts pursuant to section 5733.12 of the Revised Code. Upon 11,207
proper application for refund under that section, the tax 11,208
commissioner shall issue a refund in the amount of the credit to 11,209
which the qualifying ORGANIZATION, trust, or fund would have been 11,211
entitled under division (A)(1) of this section had the 11,212
ORGANIZATION, trust, or fund been a taxpayer, and as if the 11,213
credit were a refundable credit. To the extent that a SUCH AN 11,214
ORGANIZATION, trust, or fund is permitted to apply for a refund 11,216
under this division, or to the extent that a SUCH AN 11,217
ORGANIZATION, trust, or fund has applied for such a refund, 11,218
exempt persons are not entitled to the credit authorized under 11,219
this section or section 5747.059 of the Revised Code. 11,221
(D)(1) For the purposes of division (C) of this section 11,223
only, "exempt person" means any of the following: 11,224
(a) A person that is or may be the beneficiary of a trust 11,226
if the trust is subject to Subchapter D of Chapter 1 of Subtitle 11,227
A of the Internal Revenue Code. 11,228
(b) A person that is or may be the beneficiary of or the 11,231
recipient of payments from a nuclear decommissioning reserve 11,232
fund, a designated settlement fund, or any other trust or fund 11,233
established to resolve and satisfy claims that may otherwise be 11,234
asserted by the beneficiary or a member of the beneficiary's 11,235
family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the 11,236
Internal Revenue Code apply to the determination of whether such 11,237
a person is an exempt person under division (D) of this section. 11,238
(c) A person, OTHER THAN A PERSON THAT IS TREATED AS A C 11,240
CORPORATION FOR FEDERAL INCOME TAX PURPOSES, who is or may be the 11,241
beneficiary of a trust that, under its governing instrument, is 11,242
not required to distribute all of its income currently. Division 11,244
(D)(1)(c) of this section applies only if the trust irrevocably 11,245
agrees that for the taxable year during or for which the trust 11,246
258
distributes any of its income to any of the beneficiaries, the 11,247
trust is a qualifying trust AS DEFINED IN SECTION 5733.40 OF THE 11,248
REVISED CODE and will pay the estimated tax, and will withhold 11,250
and pay the withheld tax as required under SECTION 5733.41 AND 11,251
sections 5747.40 to 5747.453 of the Revised Code. 11,252
(2) An exempt person does not include any person that 11,254
would not qualify as an exempt person under the doctrines of 11,255
"economic reality," "sham transaction," "step doctrine," or 11,256
"substance over form." A NOTWITHSTANDING SECTIONS 5733.111 AND 11,257
5747.131 OF THE REVISED CODE TO THE CONTRARY, AN ORGANIZATION, 11,258
trust, or fund described in division (C) of this section bears 11,261
the burden of establishing by a preponderance of the evidence 11,262
that any transaction giving rise to a claim for a refundable 11,263
credit under this section does not have as a principal purpose a 11,264
claim for that credit. Nothing in this section shall be 11,265
construed to limit solely to this section the application of the 11,266
doctrines referred to in division (D)(2) of this section. 11,268
(e)(E) Nothing in this section shall be construed to allow 11,271
a refund more than once with respect to the taxes imposed under 11,272
section 5733.41 or 5747.41 of the Revised Code. 11,273
Sec. 5733.12. (A) Four and two-tenths per cent of all 11,282
payments received by the treasurer of state from the taxes 11,283
imposed under sections 5733.06 and 5733.41 of the Revised Code 11,284
shall be credited to the local government fund for distribution 11,285
in accordance with section 5747.50 of the Revised Code, 11,286
six-tenths of one per cent shall be credited to the local 11,288
government revenue assistance fund for distribution in accordance
with section 5747.61 of the Revised Code, and ninety-five and 11,290
two-tenths per cent shall be credited to the general revenue 11,291
fund.
(B) Except as otherwise provided under divisions (C) and 11,293
(D) of this section, an application to refund to the corporation 11,295
the amount of taxes imposed under section 5733.06 of the Revised 11,296
Code that are overpaid, paid illegally or erroneously, or paid on 11,297
259
any illegal, erroneous, or excessive assessment, with interest 11,298
thereon as provided by section 5733.26 of the Revised Code, shall 11,299
be filed with the tax commissioner, on the form prescribed by the 11,301
commissioner, within three years from the date of the illegal, 11,302
erroneous, or excessive payment of the tax, or within any
additional period allowed by division (C)(2) of section 5733.031, 11,303
division (D)(2) of section 5733.067, or division (A) of section 11,304
5733.11 of the Revised Code. 11,305
On the filing of the refund application, the commissioner 11,307
shall determine the amount of refund due and certify such amount 11,308
to the director of budget and management and treasurer of state 11,309
for payment from the tax refund fund created by section 5703.052 11,310
of the Revised Code. 11,311
(C) "Ninety days" shall be substituted for "three years" 11,314
in division (B) of this section if the taxpayer satisfies both of 11,315
the following: 11,316
(1) The taxpayer has applied for a refund based in whole 11,318
or in part upon section 5733.0611 of the Revised Code; 11,319
(2) The taxpayer asserts that the imposition or collection 11,321
of the tax imposed or charged by section 5733.06 of the Revised 11,322
Code or any portion of such tax violates the Constitution of the 11,323
United States or the Constitution of this state. 11,324
(D)(1) Division (D)(2) of this section applies only if all 11,327
of the following conditions are satisfied:
(a) A qualifying pass-through entity pays an amount of the 11,330
tax imposed by section 5733.41 of the Revised Code; 11,331
(b) The taxpayer is a qualifying investor as to that 11,333
qualifying pass-through entity; 11,334
(c) The taxpayer did not claim the credit provided for in 11,336
section 5733.0611 of the Revised Code as to the tax described in 11,337
division (D)(1)(a) of this section; 11,338
(d) The three-year period described in division (B) of 11,341
this section has ended as to the taxable year for which the
taxpayer otherwise would have claimed that credit. 11,342
260
(2) A taxpayer shall file an application for refund 11,344
pursuant to this division within one year after the date the 11,345
payment described in division (D)(1)(a) of this section is made. 11,347
An application filed under this division shall only claim refund 11,348
of overpayments resulting from the taxpayer's failure to claim 11,349
the credit described in division (D)(1)(c) of this section. 11,351
Nothing in this division shall be construed to relieve a taxpayer 11,352
from complying with the provisions of division (I)(13)(14) of 11,353
section 5733.04 of the Revised Code.
Sec. 5733.40. As used in sections 5733.40 and 5733.41 and 11,362
Chapter 5747. of the Revised Code: 11,363
(A)(1) "Adjusted qualifying amount" means either of the 11,365
following:
(a) The net sum of a qualifying investor's distributive 11,367
share of the income, gain, expense, or loss of a qualifying 11,368
pass-through entity for the qualifying taxable year of the 11,369
qualifying pass-through entity multiplied by the apportionment 11,370
fraction defined in division (B) of this section, subject to 11,371
SECTION 5733.401 OF THE REVISED CODE AND divisions (A)(2) to (6) 11,372
of this section; 11,373
(b) The sum of a qualifying beneficiary's share of the 11,375
qualifying net income and qualifying net gain distributed by a 11,376
qualifying trust for the qualifying taxable year of the 11,377
qualifying trust multiplied by the apportionment fraction defined 11,378
in division (B) of this section, subject to SECTION 5733.401 OF 11,379
THE REVISED CODE AND divisions (A)(2) to (5) of this section. 11,380
(2) The sum shall exclude any amount which, pursuant to 11,382
the Constitution of the United States, the Constitution of Ohio, 11,383
or any federal law is not subject to a tax on or measured by net 11,384
income.
(3) The sum shall be increased by all amounts representing 11,386
expenses other than amounts described in division (A)(6) of this 11,388
section that the taxpayer paid to or incurred with respect to 11,389
direct or indirect transactions with one or more related members, 11,390
261
excluding the cost of goods sold calculated in accordance with 11,391
section 263A of the Internal Revenue Code and United States 11,392
department of the treasury regulations issued thereunder.
Nothing in division (A)(3) of this section shall be construed to 11,393
limit solely to this chapter the application of section 263A of 11,394
the Internal Revenue Code and United States department of the 11,395
treasury regulations issued thereunder.
(4) The sum shall be increased by all recognized losses, 11,397
other than losses from sales of inventory the cost of which is 11,398
calculated in accordance with section 263A of the Internal 11,399
Revenue Code and United States department of the treasury 11,400
regulations issued thereunder, with respect to all direct or 11,401
indirect transactions with one or more related members. Losses
from the sales of such inventory shall be calculated in 11,402
accordance with section 482 of the Internal Revenue Code and 11,403
United States department of the treasury regulations issued 11,404
thereunder. Nothing in division (A)(4) of this section shall be 11,405
construed to limit solely to this section the application of
section 236A and section 482 of the Internal Revenue Code and 11,406
United States department of the treasury regulations issued 11,407
thereunder.
(5) The sum shall be computed without regard to section 11,409
5733.051 or division (D) of section 5733.052 of the Revised Code. 11,410
(6) For the purposes of Chapters 5733. and 5747. of the 11,412
Revised Code, guaranteed payments made by a partnership or by a 11,413
limited liability company that is not subject to the tax imposed 11,414
by section 5733.06 of the Revised Code, and compensation paid by 11,415
an S corporation to its shareholders, shall be considered a 11,416
distributive share of income of the partnership, limited 11,417
liability company, or S corporation. Division (A)(6) of this 11,418
section applies only to such payments or such compensation made
or paid to a qualifying investor who is a related member to or of 11,419
the qualifying entity. 11,420
(B) "Apportionment fraction" means: 11,422
262
(1) With respect to a qualifying pass-through entity other 11,425
than a financial institution, the fraction calculated pursuant to 11,426
division (B)(2) of section 5733.05 of the Revised Code as if the 11,427
qualifying pass-through entity were a corporation subject to the 11,428
tax imposed by section 5733.06 of the Revised Code;
(2) With respect to a qualifying pass-through entity that 11,430
is a financial institution, the fraction calculated pursuant to 11,431
DIVISION (C) OF section 5133.056 5733.056 of the Revised Code as 11,433
if the qualifying pass-through entity were a financial
institution subject to the tax imposed by section 5733.06 of the 11,434
Revised Code.
(3) With respect to a qualifying trust, the fraction 11,436
calculated pursuant to division (B)(2) of section 5733.05 of the 11,437
Revised Code as if the qualifying trust were a corporation 11,438
subject to the tax imposed by section 5733.06 of the Revised 11,439
Code, except that the property, payroll, and sales fractions 11,440
shall be calculated by including in the numerator and denominator 11,441
of the fractions only the property, payroll, and sales, 11,442
respectively, directly related to the production of income or 11,443
gain from acquisition, ownership, use, maintenance, management, 11,444
or disposition of tangible personal property located in this 11,445
state at any time during the qualifying trust's qualifying 11,446
taxable year or of real property located in this state. 11,447
(C) "Qualifying beneficiary" means any individual that, 11,449
during the qualifying taxable year of a qualifying trust, is a 11,450
beneficiary of that trust, but does not include an individual who 11,451
is a resident taxpayer for the purposes of Chapter 5747. of the 11,452
Revised Code for the entire qualifying taxable year of the 11,453
qualifying trust.
(D) "Fiscal year" means an accounting period ending on any 11,455
day other than the thirty-first day of December. 11,456
(E) "Individual" means a natural person. 11,458
(F) "Month" means a calendar month. 11,460
(G) "Partnership" has the same meaning as in section 11,462
263
5747.01 of the Revised Code. 11,463
(H) "Investor" means any person that, during any portion 11,465
of a taxable year of a qualifying pass-through entity, is a 11,466
partner, member, shareholder, or investor in that qualifying 11,467
pass-through entity.
(I) "Qualifying EXCEPT AS OTHERWISE PROVIDED IN SECTION 11,469
5733.402 OR 5747.401 OF THE REVISED CODE, "QUALIFYING investor" 11,470
means any investor except those described in divisions (I)(1) to 11,471
(9) of this section.
(1) An investor satisfying one of the descriptions under 11,473
section 501(a) OR (c) of the Internal Revenue Code, AN ELECTING 11,475
SMALL BUSINESS TRUST, A PARTNERSHIP WITH EQUITY SECURITIES 11,476
REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE 11,477
COMMISSION UNDER SECTION 12 OF THE "SECURITIES EXCHANGE ACT OF 11,478
1934," AS AMENDED, OR AN INVESTOR DESCRIBED IN division (F) of 11,479
section 3334.01, or division (A) or (C) of section 5733.09 of the 11,480
Revised Code for the entire qualifying taxable year of the 11,482
qualifying pass-through entity.
(2) An investor who is EITHER an individual OR AN ESTATE 11,484
and IS a resident taxpayer for the purposes of section 5747.01 of 11,486
the Revised Code for the entire qualifying taxable year of the 11,487
qualifying pass-through entity.
(3) An investor who is an individual for whom the 11,489
qualifying pass-through entity makes a good faith and reasonable 11,490
effort to comply fully and timely with the filing and payment 11,491
requirements set forth in division (D) of section 5747.08 of the 11,492
Revised Code and section 5747.09 of the Revised Code with respect 11,493
to the individual's adjusted qualifying amount for the entire 11,494
qualifying taxable year of the qualifying pass-through entity. 11,495
(4) An investor that is another qualifying pass-through 11,497
entity having only investors described in division (I)(1), (2), 11,499
(3), or (6) of this section during the three-year period
beginning twelve months prior to the first day of the qualifying 11,500
taxable year of the qualifying pass-through entity. 11,501
264
(5) An investor that is another pass-through entity having 11,504
no investors other than individuals and estates during the 11,505
qualifying taxable year of the qualifying pass-through entity in 11,506
which it is an investor, and that makes a good faith and 11,507
reasonable effort to comply fully and timely with the filing and 11,508
payment requirements set forth in division (D) of section 5747.08 11,509
of the Revised Code and section 5747.09 of the Revised Code with 11,511
respect to investors that are not resident taxpayers of this
state for the purposes of Chapter 5747. of the Revised Code for 11,513
the entire qualifying taxable year of the qualifying pass-through 11,514
entity in which it is an investor. 11,515
(6) An investor that is a financial institution required 11,517
to calculate the tax in accordance with division (D) of section 11,518
5733.06 of the Revised Code on the first day of January of the 11,519
calendar year immediately following the last day of the financial 11,521
institution's calendar or fiscal year in which ends the
taxpayer's taxable year. 11,522
(7) An investor other than an individual that satisfies 11,524
all the following: 11,525
(a) The investor submits a written statement to the 11,527
qualifying pass-through entity stating that the investor 11,528
irrevocably agrees that the investor has nexus with this state 11,529
under the Constitution of the United States and is subject to and 11,531
liable for the tax calculated under division (B) of section 11,532
5733.06 of the Revised Code with respect to the investor's 11,533
adjusted qualifying amount for the entire qualifying taxable year 11,534
of the qualifying pass-through entity. The statement is subject 11,535
to the penalties of perjury, shall be retained by the qualifying 11,536
pass-through entity for no fewer than seven years, and shall be 11,537
delivered to the tax commissioner upon request. 11,538
(b) The investor makes a good faith and reasonable effort 11,540
to comply timely and fully with all the reporting and payment 11,541
requirements set forth in Chapter 5733. of the Revised Code with 11,542
respect to the investor's adjusted qualifying amount for the 11,543
265
entire qualifying taxable year of the qualifying pass-through 11,544
entity.
(c) Neither the investor nor the qualifying pass-through 11,546
entity in which it is an investor, before, during, or after the 11,547
qualifying pass-through entity's qualifying taxable year, carries 11,549
out any transaction or transactions with one or more related
members of the investor or the qualifying pass-through entity 11,550
resulting in a reduction or deferral of tax imposed by Chapter 11,551
5733. of the Revised Code with respect to all or any portion of 11,552
the investor's adjusted qualifying amount for the qualifying 11,553
pass-through entity's taxable year, or that constitute a sham, 11,555
lack economic reality, or are part of a series of transactions 11,556
the form of which constitutes a step transaction or transactions 11,557
or does not reflect the substance of those transactions.
(8) Any other investor that the tax commissioner may 11,559
designate by rule. The tax commissioner may adopt rules 11,560
including a rule defining "qualifying investor" or "qualifying 11,561
beneficiary" and governing the imposition of the withholding tax 11,563
imposed by section 5747.41 of the Revised Code with respect to an 11,564
individual who is a resident taxpayer for the purposes of Chapter 11,565
5747. of the Revised Code for only a portion of the qualifying 11,566
taxable year of the qualifying entity. 11,567
(9) An investor that is a trust or fund the beneficiaries 11,569
of which, during the qualifying taxable year of the qualifying 11,570
pass-through entity, are limited to the following: 11,571
(a) A person that is or may be the beneficiary of a trust 11,573
subject to Subchapter D of Chapter 1 of Subtitle A of the 11,574
Internal Revenue Code.
(b) A person that is or may be the beneficiary of or the 11,577
recipient of payments from a trust or fund that is a nuclear 11,578
decommissioning reserve fund, a designated settlement fund, or 11,579
any other trust or fund established to resolve and satisfy claims 11,580
that may otherwise be asserted by the beneficiary or a member of 11,581
the beneficiary's family. Sections 267(c)(4), 468A(e), and 11,582
266
468B(d)(2) of the Internal Revenue Code apply to the
determination of whether such a person satisfies division (I)(9) 11,583
of this section. 11,584
(c) A person who is or may be the beneficiary of a trust 11,586
that, under its governing instrument, is not required to 11,587
distribute all of its income currently. Division (I)(9)(c) of 11,588
this section applies only if the trust, prior to the due date for 11,589
filing the qualifying pass-through entity's return for taxes 11,590
imposed by section 5733.41 and sections 5747.41 to 5747.453 of
the Revised Code, irrevocably agrees in writing that for the 11,591
taxable year during or for which the trust distributes any of its 11,592
income to any of its beneficiaries, the trust is a qualifying 11,593
trust and will pay the estimated tax, and will withhold and pay 11,594
the withheld tax, as required under sections 5747.40 to 5747.453 11,595
of the Revised Code.
For the purposes of division (I)(9) of this section, a 11,598
trust or fund shall be considered to have a beneficiary other 11,599
than persons described under divisions (I)(9)(a) to (c) of this 11,600
section if a beneficiary would not qualify under those divisions 11,601
under the doctrines of "economic reality," "sham transaction," 11,602
"step doctrine," or "substance over form." A trust or fund 11,603
described in division (I)(9) of this section bears the burden of 11,604
establishing by a preponderance of the evidence that any 11,605
transaction giving rise to the tax benefits provided under 11,606
division (I)(9) of this section does not have as a principal
purpose a claim of those tax benefits. Nothing in this section 11,607
shall be construed to limit solely to this section the 11,608
application of the doctrines referred to in this paragraph. 11,609
(J) "Qualifying net gain" means any recognized net gain 11,611
with respect to the acquisition, ownership, use, maintenance, 11,612
management, or disposition of tangible personal property located 11,613
in this state at any time during a trust's qualifying taxable 11,614
year or real property located in this state. 11,615
(K) "Qualifying net income" means any recognized income, 11,617
267
net of related deductible expenses, other than distributions 11,618
deductions with respect to the acquisition, ownership, use, 11,620
maintenance, management, or disposition of tangible personal
property located in this state at any time during the trust's 11,622
qualifying taxable year or real property located in this state. 11,623
(L) "Qualifying entity" means a qualifying pass-through 11,625
entity or a qualifying trust. 11,626
(M) "Qualifying trust" means a trust subject to subchapter 11,628
J of the Internal Revenue Code that, during any portion of the 11,630
trust's qualifying taxable year, has income or gain from the 11,631
acquisition, management, ownership, use, or disposition of 11,632
tangible personal property located in this state at any time 11,633
during the trust's qualifying taxable year or real property 11,634
located in this state. "Qualifying trust" does not include a 11,635
person described in section 501(c) of the Internal Revenue Code
or a person described in division (C) of section 5733.09 of the 11,636
Revised Code.
(N) "Qualifying pass-through entity" means a pass-through 11,638
entity as defined in section 5733.04 of the Revised Code, 11,639
excluding a person described in section 501(c) of the Internal 11,641
Revenue Code, a partnership with equity securities registered
with the United States securities and exchange commission under 11,642
section 12 of the Securities Exchange Act of 1934, as amended, or 11,643
a person described in division (C) of section 5733.09 of the 11,644
Revised Code.
(O) "Quarter" means the first three months, the second 11,646
three months, the third three months, or the last three months of 11,647
a qualifying entity's qualifying taxable year. 11,648
(P) "Related member" has the same meaning as in division 11,650
(A)(6) of section 5733.042 of the Revised Code without regard to 11,651
division (B) of that section. However, for the purposes of 11,652
divisions (A)(3) and (4) of this section only, "related member" 11,653
has the same meaning as in division (A)(6) of section 5733.042 of 11,654
the Revised Code without regard to division (B) of that section, 11,655
268
but shall be applied by substituting "forty per cent" for "twenty 11,656
per cent" wherever "twenty per cent" appears in division (A) of 11,657
that section.
(Q) "Return" or "report" means the notifications and 11,659
reports required to be filed pursuant to sections 5747.42 to 11,660
5747.45 of the Revised Code for the purpose of reporting the tax 11,661
imposed under section 5733.41 or 5747.41 of the Revised Code, and 11,662
included declarations of estimated tax when so required. 11,663
(R) "Qualifying taxable year" means the calendar year or 11,665
the qualifying entity's fiscal year ending during the calendar 11,666
year, or fractional part thereof, for which the adjusted 11,667
qualifying amount is calculated pursuant to sections 5733.40 and 11,668
5733.41 or sections 5747.40 to 5747.453 of the Revised Code. 11,669
Sec. 5733.401. (A) AS USED IN THIS SECTION: 11,672
(1) "INVESTMENT PASS-THROUGH ENTITY" MEANS A PASS-THROUGH 11,674
ENTITY HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST NINETY PER 11,676
CENT OF ITS GROSS INCOME FROM TRANSACTION FEES IN CONNECTION WITH 11,677
THE ACQUISITION, OWNERSHIP, OR DISPOSITION OF INTANGIBLE
PROPERTY, LOAN FEES, FINANCING FEES, CONSENT FEES, WAIVER FEES, 11,678
APPLICATION FEES, NET MANAGEMENT FEES, DIVIDEND INCOME, INTEREST 11,679
INCOME, NET CAPITAL GAINS FROM THE SALE OR EXCHANGE OF INTANGIBLE 11,681
PROPERTY, OR DISTRIBUTIVE SHARES OF INCOME FROM PASS-THROUGH 11,682
ENTITIES; AND HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST 11,683
NINETY PER CENT OF THE NET BOOK VALUE OF ITS ASSETS REPRESENTED 11,684
BY INTANGIBLE ASSETS. SUCH PERCENTAGES SHALL BE THE QUARTERLY 11,685
AVERAGE OF THOSE PERCENTAGES AS CALCULATED DURING THE 11,686
PASS-THROUGH ENTITY'S TAXABLE YEAR. 11,687
(2) "NET MANAGEMENT FEES" MEANS MANAGEMENT FEES THAT A 11,689
PASS-THROUGH ENTITY EARNS OR RECEIVES FROM ALL SOURCES, REDUCED 11,690
BY MANAGEMENT FEES THAT THE PASS-THROUGH ENTITY INCURS OR PAYS TO 11,692
ANY PERSON.
(B) FOR THE PURPOSES OF DIVISIONS (A) AND (C) OF THIS 11,696
SECTION ONLY, AN INVESTMENT IN A PASS-THROUGH ENTITY SHALL BE 11,697
DEEMED TO BE AN INVESTMENT IN AN INTANGIBLE ASSET. 11,698
269
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 11,702
SECTION, FOR THE PURPOSES OF DIVISION (A) OF SECTION 5733.40 OF 11,703
THE REVISED CODE, AN INVESTMENT PASS-THROUGH ENTITY SHALL EXCLUDE 11,705
FROM THE CALCULATION OF THE ADJUSTED QUALIFYING AMOUNT ALL 11,706
TRANSACTION FEES IN CONNECTION WITH THE ACQUISITION, OWNERSHIP, 11,707
OR DISPOSITION OF INTANGIBLE PROPERTY, LOAN FEES, FINANCING FEES, 11,708
CONSENT FEES, WAIVER FEES, APPLICATION FEES, NET MANAGEMENT FEES, 11,709
DIVIDEND INCOME, INTEREST INCOME, NET CAPITAL GAINS FROM THE SALE 11,710
OR EXCHANGE OF INTANGIBLE PROPERTY, AND ALL TYPES AND 11,711
CLASSIFICATIONS OF INCOME ATTRIBUTABLE TO DISTRIBUTIVE SHARES OF 11,712
INCOME FROM OTHER PASS-THROUGH ENTITIES. NOTHING IN THIS 11,713
DIVISION SHALL BE CONSTRUED TO PROVIDE FOR AN EXCLUSION OF ANY 11,714
ITEM FROM ADJUSTED QUALIFYING AMOUNT MORE THAN ONCE. 11,715
(D) SECTIONS 5733.057 AND 5747.231 OF THE REVISED CODE DO 11,718
NOT APPLY FOR THE PURPOSES OF MAKING THE DETERMINATIONS REQUIRED 11,719
BY DIVISION (A) OF THIS SECTION OR CLAIMING THE EXCLUSION 11,721
PROVIDED BY DIVISION (C) OF THIS SECTION. 11,722
Sec. 5733.402. (A) NOTWITHSTANDING SECTION 5733.40, 11,725
5733.41, 5747.41, OR 5747.43 OF THE REVISED CODE, BUT SUBJECT TO 11,726
DIVISIONS (B), (C), AND (D) OF THIS SECTION, FOR TAXABLE YEARS 11,730
BEGINNING AFTER 1997, A QUALIFYING PASS-THROUGH ENTITY, 11,731
HEREINAFTER THE "EXEMPT ENTITY," IS NOT SUBJECT TO THE TAXES 11,732
IMPOSED BY AND REQUIRED TO BE PAID UNDER THOSE SECTIONS WITH
RESPECT TO DISTRIBUTIVE SHARES OF INCOME AND GAIN THAT PASS 11,734
THROUGH FROM THE QUALIFYING PASS-THROUGH ENTITY TO ANOTHER 11,735
QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "INVESTING 11,736
ENTITY," IF THE INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT 11,737
HAS NEXUS WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED 11,740
STATES DURING THE EXEMPT ENTITY'S ENTIRE TAXABLE YEAR. 11,741
(B)(1) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE 11,745
EXTENT THAT THE INVESTING ENTITY FAILS TO MAKE A GOOD FAITH AND 11,746
REASONABLE EFFORT TO COMPLY ON A REASONABLY TIMELY BASIS WITH 11,747
SECTION 5733.41 AND SECTIONS 5747.41 TO 5747.453 OF THE REVISED 11,748
CODE.
270
(2) THE INVESTING ENTITY AND THE EXEMPT ENTITY BEARS THE 11,750
BURDEN OF ESTABLISHING BY A PREPONDERANCE OF THE EVIDENCE THAT 11,752
THE INVESTING ENTITY MADE A GOOD FAITH AND REASONABLE EFFORT TO 11,753
COMPLY ON A REASONABLY TIMELY BASIS WITH SECTION 5733.41 AND 11,754
SECTIONS 5747.41 TO 5747.453 OF THE REVISED CODE. 11,755
(3) THIS SECTION DOES NOT MODIFY, REDUCE, ABATE, DEFER, 11,757
POSTPONE, OR BAR THE IMPOSITION OF AND THE REQUIRED PAYMENT OF 11,758
ANY FEE, INTEREST, OR PENALTY OTHERWISE DUE UNDER TITLE LVII OF 11,761
THE REVISED CODE. 11,762
(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS 11,766
SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DENY THE 11,767
APPLICATION OF DIVISION (A) OF THIS SECTION TO THE DISTRIBUTIVE 11,768
SHARE OF INCOME AND GAIN OF AN INVESTING ENTITY THAT, WITH 11,769
RESPECT TO THAT DISTRIBUTIVE SHARE, IS ITSELF AN EXEMPT ENTITY 11,770
WITH RESPECT TO ANOTHER QUALIFYING PASS-THROUGH ENTITY, 11,771
HEREINAFTER THE "UPPER LEVEL INVESTING ENTITY," IF THE UPPER 11,772
LEVEL INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT HAS NEXUS 11,773
WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES 11,776
DURING THE INVESTING ENTITY'S ENTIRE TAXABLE YEAR. DIVISION (B) 11,778
OF THIS SECTION ALSO APPLIES TO THE UPPER LEVEL INVESTING ENTITY. 11,779
THIS DIVISION APPLIES REGARDLESS OF THE NUMBER OF LEVELS OF 11,780
INVESTING ENTITIES. 11,781
(D) AN INVESTING ENTITY OR UPPER LEVEL INVESTING ENTITY 11,784
DOES NOT INCLUDE AN INVESTMENT PASS-THROUGH ENTITY AS DEFINED IN 11,785
SECTION 5733.401 OF THE REVISED CODE, AND DIVISION (A) OF THIS 11,787
SECTION DOES NOT APPLY WITH RESPECT TO ANY DISTRIBUTIVE SHARES OF 11,788
INCOME OR GAIN THAT PASS THROUGH TO AN INVESTMENT PASS-THROUGH 11,789
ENTITY.
Sec. 5733.98. (A) To provide a uniform procedure for 11,798
calculating the amount of tax imposed by section 5733.06 of the 11,799
Revised Code that is due under this chapter, a taxpayer shall 11,801
claim any credits to which it is entitled in the following order,
EXCEPT AS OTHERWISE PROVIDED IN SECTION 5733.058 OF THE REVISED 11,802
CODE:
271
(1) The credit for taxes paid by a qualifying pass-through 11,804
entity allowed under section 5733.0611 of the Revised Code; 11,805
(2) The credit for qualifying affiliated groups under 11,807
section 5733.068 of the Revised Code; 11,808
(3) The subsidiary corporation credit under section 11,810
5733.067 of the Revised Code; 11,811
(4) The savings and loan assessment credit under section 11,813
5733.063 of the Revised Code; 11,814
(5) The credit for recycling and litter prevention 11,816
donations under section 5733.064 of the Revised Code; 11,818
(6) The credit for employers that enter into agreements 11,821
with child day-care centers under section 5733.36 of the Revised 11,822
Code;
(7) The credit for employers that reimburse employee child 11,824
day-care expenses under section 5733.38 of the Revised Code; 11,826
(8) The credit for manufacturing investments under section 11,828
5733.061 of the Revised Code; 11,829
(9) The credit for purchases of new manufacturing 11,831
machinery and equipment under section 5733.31 or section 5733.311 11,832
of the Revised Code; 11,833
(10) The second credit for purchases of new manufacturing 11,836
machinery and equipment under section 5733.33 of the Revised 11,837
Code;
(11) The enterprise zone credit under section 5709.66 of 11,839
the Revised Code; 11,840
(12) The credit for the eligible costs associated with a 11,842
voluntary action under section 5733.34 of the Revised Code; 11,844
(13) The credit for employers that establish on-site child 11,847
day-care under section 5733.37 of the Revised Code; 11,848
(14) The credit for purchases of qualifying grape 11,850
production property under section 5733.32 of the Revised Code; 11,851
(15) The export sales credit under section 5733.069 of the 11,854
Revised Code;
(16) The credit for research and development and 11,856
272
technology transfer investors under section 5733.35 of the 11,857
Revised Code;
(17) The enterprise zone credits under section 5709.65 of 11,860
the Revised Code;
(18) The refundable jobs creation credit under section 11,862
5733.0610 of the Revised Code. 11,863
(B) For any credit except the refundable jobs creation 11,865
credit, the amount of the credit for a tax year shall not exceed 11,866
the tax due after allowing for any other credit that precedes it 11,867
in the order required under this section. Any excess amount of a 11,868
particular credit may be carried forward if authorized under the 11,869
section creating that credit. 11,870
Sec. 5747.01. Except as otherwise expressly provided or 11,880
clearly appearing from the context, any term used in this chapter 11,881
has the same meaning as when used in a comparable context in the 11,882
Internal Revenue Code, and all other statutes of the United 11,883
States relating to federal income taxes. 11,884
As used in this chapter: 11,886
(A) "Adjusted gross income" or "Ohio adjusted gross 11,888
income" means adjusted gross income as defined and used in the 11,889
Internal Revenue Code, adjusted as provided in divisions (A)(1) 11,891
to (16)(17) of this section:
(1) Add interest or dividends on obligations or securities 11,893
of any state or of any political subdivision or authority of any 11,894
state, other than this state and its subdivisions and 11,895
authorities.
(2) Add interest or dividends on obligations of any 11,897
authority, commission, instrumentality, territory, or possession 11,898
of the United States that are exempt from federal income taxes 11,899
but not from state income taxes. 11,900
(3) Deduct interest or dividends on obligations of the 11,902
United States and its territories and possessions or of any 11,903
authority, commission, or instrumentality of the United States to 11,904
the extent included in federal adjusted gross income but exempt 11,905
273
from state income taxes under the laws of the United States. 11,906
(4) Deduct disability and survivor's benefits to the 11,908
extent included in federal adjusted gross income. 11,909
(5) Deduct benefits under Title II of the Social Security 11,911
Act and tier 1 railroad retirement benefits to the extent 11,912
included in federal adjusted gross income under section 86 of the 11,913
Internal Revenue Code. 11,914
(6) Add, in the case of a taxpayer who is a beneficiary of 11,916
a trust that makes an accumulation distribution as defined in 11,917
section 665 of the Internal Revenue Code, the portion, if any, of 11,918
such distribution that does not exceed the undistributed net 11,919
income of the trust for the three taxable years preceding the 11,920
taxable year in which the distribution is made. "Undistributed 11,921
net income of a trust" means the taxable income of the trust 11,922
increased by (a)(i) the additions to adjusted gross income 11,923
required under division (A) of this section and (ii) the personal 11,924
exemptions allowed to the trust pursuant to section 642(b) of the 11,925
Internal Revenue Code, and decreased by (b)(i) the deductions to 11,926
adjusted gross income required under division (A) of this 11,927
section, (ii) the amount of federal income taxes attributable to 11,928
such income, and (iii) the amount of taxable income that has been 11,929
included in the adjusted gross income of a beneficiary by reason 11,930
of a prior accumulation distribution. Any undistributed net 11,931
income included in the adjusted gross income of a beneficiary 11,932
shall reduce the undistributed net income of the trust commencing 11,933
with the earliest years of the accumulation period. 11,934
(7) Deduct the amount of wages and salaries, if any, not 11,936
otherwise allowable as a deduction but that would have been 11,937
allowable as a deduction in computing federal adjusted gross 11,938
income for the taxable year, had the targeted jobs credit allowed 11,939
and determined under sections 38, 51, and 52 of the Internal 11,940
Revenue Code not been in effect. 11,941
(8) Deduct any interest or interest equivalent on public 11,943
obligations and purchase obligations to the extent included in 11,944
274
federal adjusted gross income. 11,945
(9) Add any loss or deduct any gain resulting from the 11,947
sale, exchange, or other disposition of public obligations to the 11,948
extent included in federal adjusted gross income. 11,949
(10) Regarding tuition credits purchased under Chapter 11,951
3334. of the Revised Code: 11,952
(a) Deduct the following: 11,954
(i) For credits that as of the end of the taxable year 11,957
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 11,959
amount of income related to the credits, to the extent included 11,960
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 11,963
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 11,964
the total purchase price of the tuition credits refunded over the 11,965
amount of refund, to the extent the amount of the excess was not 11,966
deducted in determining federal adjusted gross income; 11,967
(b) Add the following: 11,969
(i) For credits that as of the end of the taxable year 11,972
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 11,973
amount of loss related to the credits, to the extent the amount 11,974
of the loss was deducted in determining federal adjusted gross 11,975
income;
(ii) For credits that during the taxable year have been 11,978
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 11,980
the amount of refund over the purchase price of each tuition 11,981
credit refunded, to the extent not included in federal adjusted 11,982
gross income.
(11) Deduct, in the case of a self-employed individual as 11,984
defined in section 401(c)(1) of the Internal Revenue Code and to 11,985
the extent not otherwise allowable as a deduction in computing 11,986
275
federal adjusted gross income for the taxable year, the amount 11,987
paid during the taxable year for insurance which THAT constitutes 11,989
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 11,991
shall be allowed to any taxpayer who is eligible to participate 11,992
in any subsidized health plan maintained by any employer of the 11,993
taxpayer or of the spouse of the taxpayer. No deduction under 11,994
division (A)(11) of this section shall be allowed to the extent 11,995
that the sum of such deduction and any related deduction 11,996
allowable in computing federal adjusted gross income for the 11,997
taxable year exceeds the taxpayer's earned income, within the 11,998
meaning of section 401(c) of the Internal Revenue Code, derived 11,999
by the taxpayer from the trade or business with respect to which 12,000
the plan providing the medical coverage is established. 12,001
(12) Deduct any amount included in federal adjusted gross 12,003
income solely because the amount represents a reimbursement or 12,004
refund of expenses that in a previous year the taxpayer had 12,005
deducted as an itemized deduction pursuant to section 63 of the 12,006
Internal Revenue Code and applicable United States department of 12,008
the treasury regulations.
(13) Deduct any portion of the deduction described in 12,010
section 1341(a)(2) of the Internal Revenue Code, for repaying 12,011
previously reported income received under a claim of right, that 12,012
meets both of the following requirements: 12,013
(a) It is allowable for repayment of an item that was 12,015
included in the taxpayer's adjusted gross income for a prior 12,016
taxable year and did not qualify for a credit under division (A) 12,017
or (B) of section 5747.05 of the Revised Code for that year; 12,018
(b) It does not otherwise reduce the taxpayer's adjusted 12,020
gross income for the current or any other taxable year. 12,021
(14) Deduct an amount equal to the deposits made to, and 12,023
net investment earnings of, a medical savings account during the 12,024
taxable year, in accordance with section 3924.66 of the Revised 12,025
Code. THE DEDUCTION ALLOWED BY DIVISION (A)(14) OF THIS SECTION 12,026
276
DOES NOT APPLY TO MEDICAL SAVINGS ACCOUNT DEPOSITS AND EARNINGS 12,027
OTHERWISE DEDUCTED OR EXCLUDED FOR THE CURRENT OR ANY OTHER 12,028
TAXABLE YEAR FROM THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME. 12,029
(15)(a) Add an amount equal to the funds withdrawn from a 12,031
medical savings account during the taxable year, and the net 12,032
investment earnings on those funds, when the funds withdrawn were 12,033
used for any purpose other than to reimburse an account holder 12,034
for, or to pay, eligible medical expenses, in accordance with 12,035
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 12,037
account under division (A)(2) of section 3924.68 of the Revised 12,038
Code during the taxable year. 12,039
(16) Add any amount claimed as a credit under section 12,041
5747.059 of the Revised Code to the extent that such amount 12,042
satisfies either of the following:
(a) The amount was deducted or excluded from the 12,044
computation of the taxpayer's federal adjusted gross income as 12,045
required to be reported for the taxpayer's taxable year under the 12,046
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 12,048
federal adjusted gross income as required to be reported for any 12,049
of the taxpayer's taxable years under the Internal Revenue Code. 12,050
(16)(17) Deduct the amount contributed by the taxpayer to 12,052
an individual development account program established by a county 12,053
department of human services pursuant to sections 329.11 to 12,054
329.14 of the Revised Code for the purpose of matching funds 12,055
deposited by program participants. On request of the tax 12,056
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 12,057
amount deducted under division (A)(16)(17) of this section. 12,058
(B) "Business income" means income arising from 12,060
transactions, activities, and sources in the regular course of a 12,061
trade or business and includes income from tangible and 12,062
intangible property if the acquisition, rental, management, and 12,063
277
disposition of the property constitute integral parts of the 12,064
regular course of a trade or business operation. 12,065
(C) "Nonbusiness income" means all income other than 12,067
business income and may include, but is not limited to, 12,068
compensation, rents and royalties from real or tangible personal 12,069
property, capital gains, interest, dividends and distributions, 12,070
patent or copyright royalties, or lottery winnings, prizes, and 12,071
awards. 12,072
(D) "Compensation" means any form of remuneration paid to 12,074
an employee for personal services. 12,075
(E) "Fiduciary" means a guardian, trustee, executor, 12,077
administrator, receiver, conservator, or any other person acting 12,078
in any fiduciary capacity for any individual, trust, or estate. 12,079
(F) "Fiscal year" means an accounting period of twelve 12,081
months ending on the last day of any month other than December. 12,082
(G) "Individual" means any natural person. 12,084
(H) "Internal Revenue Code" means the "Internal Revenue 12,086
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 12,087
(I) "Resident" means: 12,089
(1) An individual who is domiciled in this state, subject 12,091
to section 5747.24 of the Revised Code; 12,092
(2) The estate of a decedent who at the time of death was 12,095
domiciled in this state. The domicile tests of section 5747.24 12,096
of the Revised Code and any election under section 5747.25 of the 12,097
Revised Code are not controlling for purposes of division (I)(2) 12,098
of this section.
(J) "Nonresident" means an individual or estate that is 12,100
not a resident. An individual who is a resident for only part of 12,101
a taxable year is a nonresident for the remainder of that taxable 12,102
year. 12,103
(K) "Pass-through entity" has the same meaning as in 12,105
section 5733.04 of the Revised Code. 12,106
(L) "Return" means the notifications and reports required 12,108
to be filed pursuant to this chapter for the purpose of reporting 12,109
278
the tax due and includes declarations of estimated tax when so 12,110
required. 12,111
(M) "Taxable year" means the calendar year or the 12,113
taxpayer's fiscal year ending during the calendar year, or 12,114
fractional part thereof, upon which the adjusted gross income is 12,115
calculated pursuant to this chapter. 12,116
(N) "Taxpayer" means any person subject to the tax imposed 12,118
by section 5747.02 of the Revised Code or any pass-through entity 12,119
that makes the election under division (D) of section 5747.08 of 12,120
the Revised Code.
(O) "Dependents" means dependents as defined in the 12,122
Internal Revenue Code and as claimed in the taxpayer's federal 12,123
income tax return for the taxable year or which the taxpayer 12,124
would have been permitted to claim had the taxpayer filed a 12,125
federal income tax return. 12,127
(P) "Principal county of employment" means, in the case of 12,129
a nonresident, the county within the state in which a taxpayer 12,130
performs services for an employer or, if those services are 12,131
performed in more than one county, the county in which the major 12,132
portion of the services are performed. 12,133
(Q) As used in sections 5747.50 to 5747.55 of the Revised 12,135
Code:
(1) "Subdivision" means any county, municipal corporation, 12,137
park district, or township. 12,138
(2) "Essential local government purposes" includes all 12,140
functions that any subdivision is required by general law to 12,141
exercise, including like functions that are exercised under a 12,142
charter adopted pursuant to the Ohio Constitution. 12,143
(R) "Overpayment" means any amount already paid that 12,145
exceeds the figure determined to be the correct amount of the 12,146
tax. 12,147
(S) "Taxable income" applies to estates only and means 12,149
taxable income as defined and used in the Internal Revenue Code 12,150
adjusted as follows: 12,151
279
(1) Add interest or dividends on obligations or securities 12,153
of any state or of any political subdivision or authority of any 12,154
state, other than this state and its subdivisions and 12,155
authorities; 12,156
(2) Add interest or dividends on obligations of any 12,158
authority, commission, instrumentality, territory, or possession 12,159
of the United States that are exempt from federal income taxes 12,160
but not from state income taxes; 12,161
(3) Add the amount of personal exemption allowed to the 12,163
estate pursuant to section 642(b) of the Internal Revenue Code; 12,164
(4) Deduct interest or dividends on obligations of the 12,166
United States and its territories and possessions or of any 12,167
authority, commission, or instrumentality of the United States 12,168
that are exempt from state taxes under the laws of the United 12,169
States; 12,170
(5) Deduct the amount of wages and salaries, if any, not 12,172
otherwise allowable as a deduction but that would have been 12,173
allowable as a deduction in computing federal taxable income for 12,174
the taxable year, had the targeted jobs credit allowed under 12,175
sections 38, 51, and 52 of the Internal Revenue Code not been in 12,176
effect; 12,177
(6) Deduct any interest or interest equivalent on public 12,179
obligations and purchase obligations to the extent included in 12,180
federal taxable income; 12,181
(7) Add any loss or deduct any gain resulting from sale, 12,183
exchange, or other disposition of public obligations to the 12,184
extent included in federal taxable income; 12,185
(8) Except in the case of the final return of an estate, 12,187
add any amount deducted by the taxpayer on both its Ohio estate 12,188
tax return pursuant to section 5731.14 of the Revised Code, and 12,189
on its federal income tax return in determining either federal 12,190
adjusted gross income or federal taxable income; 12,191
(9) Deduct any amount included in federal taxable income 12,193
solely because the amount represents a reimbursement or refund of 12,194
280
expenses that in a previous year the decedent had deducted as an 12,195
itemized deduction pursuant to section 63 of the Internal Revenue 12,196
Code and applicable treasury regulations; 12,197
(10) Deduct any portion of the deduction described in 12,199
section 1341(a)(2) of the Internal Revenue Code, for repaying 12,200
previously reported income received under a claim of right, that 12,201
meets both of the following requirements: 12,202
(a) It is allowable for repayment of an item that was 12,204
included in the taxpayer's taxable income or the decedent's 12,205
adjusted gross income for a prior taxable year and did not 12,206
qualify for a credit under division (A) or (B) of section 5747.05 12,207
of the Revised Code for that year. 12,208
(b) It does not otherwise reduce the taxpayer's taxable 12,210
income or the decedent's adjusted gross income for the current or 12,211
any other taxable year. 12,212
(11) Add any amount claimed as a credit under section 12,214
5747.059 of the Revised Code to the extent that the amount 12,215
satisfies either of the following: 12,216
(a) The amount was deducted or excluded from the 12,218
computation of the taxpayer's federal taxable income as required 12,219
to be reported for the taxpayer's taxable year under the Internal 12,220
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 12,222
federal taxable income as required to be reported for any of the 12,223
taxpayer's taxable years under the Internal Revenue CODE. 12,224
(T) "School district income" and "school district income 12,226
tax" have the same meanings as in section 5748.01 of the Revised 12,227
Code. 12,228
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 12,230
(S)(7) of this section, "public obligations," "purchase 12,231
obligations," and "interest or interest equivalent" have the same 12,232
meanings as in section 5709.76 of the Revised Code. 12,233
(V) "Limited liability company" means any limited 12,235
liability company formed under Chapter 1705. of the Revised Code 12,236
281
or under the laws of any other state. 12,237
(W) "Pass-through entity investor" means any person who, 12,239
during any portion of a taxable year of a pass-through entity, is 12,240
a partner, member, shareholder, or investor in that pass-through 12,241
entity.
(X) "Banking day" has the same meaning as in section 12,243
1304.01 of the Revised Code. 12,244
(Y) "Month" means a calendar month. 12,246
(Z) "Quarter" means the first three months, the second 12,248
three months, the third three months, or the last three months of 12,249
the taxpayer's taxable year.
(AA) Any term used in this chapter that is not otherwise 12,251
defined in this section and that is not used in a comparable 12,252
context in the Internal Revenue Code and other statutes of the 12,253
United States relating to federal income taxes has the same 12,254
meaning as in section 5733.40 of the Revised Code. 12,255
Sec. 5747.08. An annual return with respect to the tax 12,264
imposed by section 5747.02 of the Revised Code and each tax 12,265
imposed under Chapter 5748. of the Revised Code shall be made by 12,266
every taxpayer for any taxable year for which the taxpayer is 12,267
liable for the tax imposed by that section or under that chapter, 12,268
unless the total credits allowed under divisions (E), (F), and 12,269
(G) of section 5747.05 of the Revised Code for the year are equal 12,270
to or exceed the tax imposed by section 5747.02 of the Revised 12,271
Code, in which case no return shall be required unless the 12,272
taxpayer is liable for a tax imposed pursuant to Chapter 5748. of 12,273
the Revised Code. 12,274
(A) If an individual is deceased, any return or notice 12,276
required of that individual under this chapter shall be made and 12,277
filed by that decedent's executor, administrator, or other person 12,279
charged with the property of that decedent.
(B) If an individual is unable to make a return or notice 12,281
required by this chapter, the return or notice required of that 12,282
individual shall be made and filed by the individual's duly 12,283
282
authorized agent, guardian, conservator, fiduciary, or other 12,284
person charged with the care of the person or property of that 12,285
individual.
(C) Returns or notices required of an estate or a trust 12,287
shall be made and filed by the fiduciary of the estate or trust. 12,288
(D)(1) Any (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 12,291
(D)(1)(b) OF THIS SECTION, ANY pass-through entity having two or 12,293
more nonresident pass-through entity investors who derive no 12,294
taxable income from this state, other than a distributive share 12,295
of the pass-through entity income, may file a single return on 12,296
behalf of all or some of those pass-through entity ONE OR MORE OF 12,298
THE ENTITY'S investors who are individuals or estates OTHER THAN 12,300
AN INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 12,301
SECTION 5733.06 OF THE REVISED CODE. The single return shall set 12,302
forth the name, address, and social security number of each OF 12,303
THOSE pass-through entity investor of that nature INVESTORS and 12,305
shall indicate the distributive share of each OF THOSE
pass-through entity investor's income taxable in this state in 12,307
accordance with sections 5747.20 to 5747.231 of the Revised Code. 12,310
Such nonresident pass-through entity investors for whom the 12,311
pass-through entity elects to file a single return are not 12,312
entitled to the exemption or credit provided for by sections 12,313
5747.02 and 5747.022 of the Revised Code; shall calculate the tax 12,315
before business credits at the highest rate of tax set forth in 12,316
section 5747.02 of the Revised Code for the taxable year for 12,318
which the return is filed; and are entitled to only their 12,319
distributive share of the business credits as defined in division 12,321
(D)(2) of this section. A single check drawn by the pass-through 12,322
entity shall accompany the return in full payment of the tax due 12,324
FOR SUCH INVESTORS OTHER THAN INVESTORS WHO ARE PERSONS SUBJECT 12,326
TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE. 12,327
(b)(i) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 12,330
SINGLE RETURN ANY INVESTOR THAT IS A TRUST TO THE EXTENT THAT ANY 12,331
DIRECT OR INDIRECT CURRENT, FUTURE, OR CONTINGENT BENEFICIARY OF 12,332
283
THE TRUST IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 12,333
5733.06 OF THE REVISED CODE. 12,334
(ii) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A 12,337
SINGLE RETURN ANY INVESTOR THAT IS ITSELF A PASS-THROUGH ENTITY 12,338
TO THE EXTENT THAT ANY DIRECT OR INDIRECT INVESTOR IN THE SECOND 12,339
PASS-THROUGH ENTITY IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 12,340
SECTION 5733.06 OF THE REVISED CODE. 12,341
(c) NOTHING IN DIVISION (D) OF THIS SECTION PRECLUDES THE 12,345
TAX COMMISSIONER FROM REQUIRING SUCH INVESTORS TO FILE THE RETURN 12,346
AND MAKE THE PAYMENT OF TAXES AND RELATED INTEREST, PENALTY, AND 12,347
INTEREST PENALTY REQUIRED BY THIS SECTION OR SECTION 5747.02, 12,348
5747.09, OR 5747.15 OF THE REVISED CODE. NOTHING IN DIVISION (D) 12,350
OF THIS SECTION SHALL BE CONSTRUED TO PROVIDE TO SUCH AN INVESTOR 12,351
OR PASS-THROUGH ENTITY ANY ADDITIONAL DEDUCTION OR CREDIT, OTHER 12,352
THAN THE CREDIT PROVIDED BY DIVISION (J) OF THIS SECTION, SOLELY 12,354
ON ACCOUNT OF THE ENTITY'S FILING A RETURN IN ACCORDANCE WITH 12,355
THIS SECTION. Such a pass-through entity also shall make the 12,356
filing and payment of estimated taxes on behalf of those 12,357
nonresident THE pass-through entity investors OTHER THAN AN 12,358
INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER 12,359
SECTION 5733.06 OF THE REVISED CODE. 12,360
(2) For the purposes of this section, "business credits" 12,363
means the credits listed in section 5747.98 of the Revised Code 12,366
excluding the following credits: 12,367
(a) The retirement credit under division (B) of section 12,370
5747.055 of the Revised Code; 12,372
(b) The senior citizen credit under division (C) of 12,375
section 5747.05 of the Revised Code; 12,377
(c) The lump sum distribution credit under division (D) of 12,380
section 5747.05 of the Revised Code; 12,382
(d) The dependent care credit under section 5747.054 of 12,385
the Revised Code; 12,386
(e) The lump sum retirement income credit under division 12,389
(C) of section 5747.055 of the Revised Code; 12,391
284
(f) The lump sum retirement income credit under division 12,394
(D) of section 5747.055 of the Revised Code; 12,396
(g) The lump sum retirement income credit under division 12,399
(E) of section 5747.055 of the Revised Code; 12,401
(h) The credit for displaced workers who pay for job 12,404
training under section 5747.27 of the Revised Code; 12,406
(i) The twenty-dollar personal exemption credit under 12,409
section 5747.022 of the Revised Code; 12,411
(j) The joint filing credit under division (G) of section 12,414
5747.05 of the Revised Code; 12,416
(k) The nonresident credit under division (A) of section 12,419
5747.05 of the Revised Code; 12,421
(l) The credit for a resident's out-of-state income under 12,424
division (B) of section 5747.05 of the Revised Code. 12,427
(3) The election provided for under division (D) of this 12,430
section applies only to the taxable year for which the election 12,431
is made by the pass-through entity. Unless the tax commissioner 12,432
provides otherwise, this election, once made, is binding and 12,433
irrevocable for the taxable year for which the election is made. 12,434
Nothing in this division shall be construed to provide for any 12,435
deduction or credit that would not be allowable if a nonresident 12,436
pass-through entity investor were to file an annual return. 12,437
(4) If a pass-through entity makes the election provided 12,439
for under division (D) of this section, the pass-through entity 12,441
shall be liable for any additional taxes, interest, interest 12,442
penalty, or penalties imposed by this chapter if the tax 12,444
commissioner determines that the single return does not reflect 12,445
the correct tax due by nonresident pass-through entity investors 12,446
covered by that return. Nothing in this division shall be 12,447
construed to limit or alter the liability, if any, imposed on 12,448
pass-through entity investors for unpaid or underpaid taxes, 12,449
interest, interest penalty, or penalties as a result of the
pass-through entity's making the election provided for under 12,450
division (D) of this section. For the purposes of division (D) 12,453
285
of this section, "correct tax due" means the tax that would have 12,454
been paid by the pass-through entity had the single return been 12,455
filed in a manner reflecting and including the findings and 12,456
determinations made by the tax commissioner. Nothing in division 12,458
(D) of this section shall be construed to make or hold a 12,459
pass-through entity liable for tax attributable to a pass-through 12,460
entity investor's income from a source other than the 12,461
pass-through entity electing to file the single return. 12,462
(E) If a husband and wife file a joint federal income tax 12,464
return for a taxable year, they shall file a joint return under 12,465
this section for that taxable year, and their liabilities are 12,466
joint and several, but, if the federal income tax liability of 12,467
either spouse is determined on a separate federal income tax 12,468
return, they shall file separate returns under this section. 12,469
If either spouse is not required to file a federal income 12,471
tax return and either or both are required to file a return 12,472
pursuant to this chapter, they may elect to file separate or 12,473
joint returns, and, pursuant to that election, their liabilities 12,474
are separate or joint and several. If a husband and wife file 12,475
separate returns pursuant to this chapter, each must claim the 12,476
taxpayer's own exemption, but not both, as authorized under 12,477
section 5747.02 of the Revised Code on the taxpayer's own return. 12,480
(F) Each return or notice required to be filed under this 12,482
section shall contain the signature of the taxpayer or the 12,484
taxpayer's duly authorized agent and of the person who prepared 12,485
the return for the taxpayer, and shall include the taxpayer's 12,486
social security number. Each return shall be verified by a 12,487
declaration under the penalties of perjury. The tax commissioner 12,488
shall prescribe the form that the signature and declaration shall 12,489
take.
(G) Each return or notice required to be filed under this 12,491
section shall be made and filed as required by section 5747.04 of 12,492
the Revised Code, on or before the fifteenth day of April of each 12,493
year, on forms that the tax commissioner shall prescribe, 12,494
286
together with remittance made payable to the treasurer of state 12,495
in the combined amount of the state and all school district 12,496
income taxes shown to be due on the form, unless the combined 12,497
amount shown to be due is one dollar or less, in which case that 12,498
amount need not be remitted. Returns for taxable years for which 12,501
a reduction in the tax due is made under division (B) of section 12,502
5747.02 of the Revised Code shall include the following 12,504
statement: "The tax on this line reflects a.....% (here enter 12,505
the percentage reduction described in division (B) of section 12,506
5747.02 of the Revised Code) reduction under legislation enacted 12,508
by the General Assembly requiring the return of excess state 12,511
revenue to taxpayers." The statement shall appear in boldface 12,512
type and shall be placed in a prominent location on the return in 12,513
the vicinity of the location where the amount of tax due, before 12,514
any credits or amounts withheld, is entered. 12,515
Upon good cause shown, the commissioner may extend the 12,517
period for filing any notice or return required to be filed under 12,518
this section and may adopt rules relating to extensions. If the 12,519
extension results in an extension of time for the payment of any 12,520
state or school district income tax liability with respect to 12,521
which the return is filed, the taxpayer shall pay at the time the 12,522
tax liability is paid an amount of interest computed at the rate 12,523
per annum prescribed by section 5703.47 of the Revised Code on 12,524
that liability from the time that payment is due without 12,525
extension to the time of actual payment. In addition to all 12,526
other interest charges and penalties, all taxes imposed by 12,527
section 5747.02 of the Revised Code or under THIS CHAPTER OR 12,528
Chapter 5748. of the Revised Code and remaining unpaid after they 12,531
become due, except combined amounts due of one dollar or less, 12,532
bear interest at the rate per annum prescribed by section 5703.47 12,533
of the Revised Code until paid or until the day an assessment is 12,534
issued under section 5747.13 of the Revised Code, whichever
occurs first. If the commissioner considers it necessary in 12,537
order to ensure the payment of the tax imposed by section 5747.02 12,538
287
of the Revised Code or any tax imposed under Chapter 5748. of the 12,539
Revised Code, the commissioner may require returns and payments 12,540
to be made otherwise than as provided in this section. 12,541
(H) If any report, claim, statement, or other document 12,543
required to be filed, or any payment required to be made, within 12,544
a prescribed period or on or before a prescribed date under this 12,545
chapter is delivered after that period or that date by United 12,546
States mail to the agency, officer, or office with which the 12,547
report, claim, statement, or other document is required to be 12,548
filed, or to which the payment is required to be made, the date 12,549
of the postmark stamped on the cover in which the report, claim, 12,550
statement, or other document, or payment is mailed shall be 12,551
deemed to be the date of delivery or the date of payment. 12,552
If a payment is required to be made by electronic funds 12,554
transfer pursuant to section 5747.072 of the Revised Code, the 12,555
payment is considered to be made when the payment is received by 12,556
the treasurer of state or credited to an account designated by 12,557
the treasurer of state for the receipt of tax payments. 12,558
"The date of the postmark" means, in the event there is 12,561
more than one date on the cover, the earliest date imprinted on 12,562
the cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to 12,564
section 5747.06 of the Revised Code shall be allowed to the 12,565
recipient of the compensation as credits against payment of the 12,566
appropriate taxes imposed on the recipient by section 5747.02 and 12,568
under Chapter 5748. of the Revised Code.
(J) IF, IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION, A 12,572
PASS-THROUGH ENTITY ELECTS TO FILE A SINGLE RETURN AND IF ANY 12,573
INVESTOR IS REQUIRED TO FILE THE RETURN AND MAKE THE PAYMENT OF 12,574
TAXES REQUIRED BY THIS CHAPTER ON ACCOUNT OF THE INVESTOR'S OTHER 12,575
INCOME THAT IS NOT INCLUDED IN A SINGLE RETURN FILED BY A 12,576
PASS-THROUGH ENTITY, THE INVESTOR IS ENTITLED TO A REFUNDABLE 12,577
CREDIT EQUAL TO THE INVESTOR'S PROPORTIONATE SHARE OF THE TAX 12,578
PAID BY THE PASS-THROUGH ENTITY ON BEHALF OF THE INVESTOR. THE 12,579
288
INVESTOR SHALL CLAIM THE CREDIT FOR THE INVESTOR'S TAXABLE YEAR 12,580
IN WHICH OR WITH WHICH ENDS THE TAXABLE YEAR OF THE PASS-THROUGH 12,581
ENTITY. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW ANY 12,582
CREDIT PROVIDED IN THIS CHAPTER TO BE CLAIMED MORE THAN ONCE. 12,583
FOR THE PURPOSES OF COMPUTING ANY INTEREST, PENALTY, OR INTEREST 12,584
PENALTY, THE INVESTOR SHALL BE DEEMED TO HAVE PAID THE REFUNDABLE 12,585
CREDIT PROVIDED BY THIS DIVISION ON THE DAY THAT THE PASS-THROUGH 12,586
ENTITY PAID THE ESTIMATED TAX OR THE TAX GIVING RISE TO THE 12,587
CREDIT.
Sec. 5747.401. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN 12,590
DIVISION (B) OF THIS SECTION, FOR THE PURPOSES OF SECTIONS 12,592
5733.40, 5733.401, 5733.402, 5733.41, AND 5747.40 TO 5747.457 OF 12,593
THE REVISED CODE, THE INVESTORS IN AN INVESTMENT PASS-THROUGH 12,595
ENTITY AS DEFINED IN SECTION 5733.401 OF THE REVISED CODE, 12,596
HEREINAFTER THE "DEEMED INVESTORS," SHALL BE DEEMED TO BE 12,597
INVESTORS IN ANY OTHER PASS-THROUGH ENTITY IN WHICH THE 12,598
INVESTMENT PASS-THROUGH ENTITY IS A DIRECT INVESTOR WITHOUT 12,599
REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED CODE. 12,600
EACH DEEMED INVESTOR'S PORTION OF SUCH OTHER PASS-THROUGH 12,601
ENTITY'S ADJUSTED QUALIFYING AMOUNT SHALL BE THE ADJUSTED 12,602
QUALIFYING AMOUNT THAT, WITHOUT REGARD TO THIS SECTION, PASSES 12,603
THROUGH FROM SUCH OTHER PASS-THROUGH ENTITY TO THE INVESTMENT 12,604
PASS-THROUGH ENTITY MULTIPLIED BY THE PERCENTAGE OF THE DEEMED 12,605
INVESTOR'S DIRECT OWNERSHIP IN THE INVESTMENT PASS-THROUGH ENTITY 12,606
WITHOUT REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED 12,608
CODE.
(2) FOR THE PURPOSES OF SECTIONS 5733.40, 5733.401, 12,611
5733.402, 5733.41, AND 5747.40 TO 5747.457 OF THE REVISED CODE, 12,612
THE INVESTMENT PASS-THROUGH ENTITY SHALL NOT BE DEEMED TO BE AN 12,613
INVESTOR IN SUCH OTHER PASS-THROUGH ENTITY. 12,614
(3) IF THE TAXABLE YEAR OF THE INVESTMENT PASS-THROUGH 12,616
ENTITY ENDS ON A DAY OTHER THAN THE LAST DAY OF SUCH OTHER 12,617
PASS-THROUGH ENTITY'S TAXABLE YEAR, DIVISION (A)(1) OF THIS 12,619
SECTION APPLIES TO THOSE PERSONS WHO ARE INVESTORS IN THE 12,620
289
INVESTMENT PASS-THROUGH ENTITY ON THE LAST DAY OF SUCH OTHER 12,621
PASS-THROUGH ENTITY'S TAXABLE YEAR ENDING WITHIN THE INVESTMENT 12,622
PASS-THROUGH ENTITY'S TAXABLE YEAR. 12,623
(B) DIVISION (A) OF THIS SECTION APPLIES ONLY TO THE 12,627
EXTENT TO WHICH THE INVESTMENT PASS-THROUGH ENTITY PROVIDES ON A 12,628
TIMELY BASIS TO SUCH OTHER PASS-THROUGH ENTITY THE NAME, ADDRESS, 12,629
AND SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER FOR 12,630
EACH DIRECT INVESTOR IN THE INVESTMENT PASS-THROUGH ENTITY 12,631
WITHOUT REGARD TO SECTIONS 5733.057 AND 5747.231 OF THE REVISED 12,632
CODE. ONCE SUCH OTHER PASS-THROUGH ENTITY RECEIVES SUCH 12,633
INFORMATION FROM THE INVESTMENT PASS-THROUGH ENTITY, DIVISION (A) 12,635
OF THIS SECTION APPLIES FOR SUCH OTHER PASS-THROUGH ENTITY'S 12,636
TAXABLE YEAR UNLESS THE TAX COMMISSIONER PERMITS THE INVESTMENT 12,637
PASS-THROUGH ENTITY TO REVOKE THE NOTICE THAT THE INVESTMENT 12,638
PASS-THROUGH ENTITY PREVIOUSLY PROVIDED TO SUCH OTHER 12,639
PASS-THROUGH ENTITY.
Sec. 5747.43. (A) As used in this section: 12,648
(1) "Estimated taxes" means the amount that a qualifying 12,651
entity estimates to be the sum of its liability under sections 12,652
5733.41 and 5747.41 of the Revised Code for its current 12,653
qualifying taxable year.
(2) "Tax liability" means the total of the taxes and 12,656
withholding taxes due under sections 5733.41 and 5747.41 of the 12,657
Revised Code for the qualifying taxable year prior to applying 12,658
any estimated tax payment or refund from another year.
(3) "Taxes paid" includes payments of estimated taxes made 12,660
under division (C) of this section and tax refunds applied by the 12,661
qualifying entity in payment of estimated taxes. 12,662
(B) In addition to the return required to be filed 12,664
pursuant to section 5747.42 of the Revised Code, each qualifying 12,665
entity subject to the tax imposed under section 5733.41 and to 12,667
the withholding tax imposed by section 5747.41 of the Revised
Code shall file an estimated tax return and pay a portion of the 12,668
qualifying entity's tax liability for its qualifying taxable 12,669
290
year. The portion of those taxes required to be paid, and the 12,671
last day prescribed for payment thereof, shall be as prescribed
by divisions (B)(1), (2), (3), and (4) of this section: 12,672
(1) On or before the fifteenth day of the month following 12,674
the last day of the first quarter of the qualifying entity's 12,675
qualifying taxable year, twenty-two and one-half per cent of the 12,676
qualifying entity's estimated tax liability for that taxable 12,677
year;
(2) On or before the fifteenth day of the month following 12,679
the last day of the second quarter of the qualifying entity's 12,680
qualifying taxable year, forty-five per cent of the qualifying 12,681
entity's estimated tax liability for that taxable year; 12,682
(3) On or before the fifteenth day of the month following 12,684
the last day of the third quarter of the qualifying entity's 12,685
qualifying taxable year, sixty-seven and one-half per cent of the 12,686
qualifying entity's estimated tax liability for that taxable 12,687
year;
(4) On or before the fifteenth day of the month following 12,689
the last day of the fourth quarter of the qualifying entity's 12,690
qualifying taxable year, ninety per cent of the qualifying 12,691
entity's estimated tax liability for that taxable year.
Payments of estimated taxes shall be made payable to the 12,693
treasurer of state.
(C) If a payment of estimated taxes is not paid in the 12,695
full amount required under division (B) of this section, a 12,696
penalty shall be added to the taxes charged for the qualifying 12,697
taxable year unless the underpayment is due to reasonable cause 12,698
as described in division (D) of this section. The penalty shall 12,699
accrue at the rate per annum prescribed by section 5703.47 of the
Revised Code upon the amount of underpayment from the day the 12,700
estimated payment was required to be made to the day the payment 12,701
is made.
The amount of the underpayment upon which the penalty shall 12,703
accrue shall be determined as follows: 12,704
291
(1) For the first payment of estimated taxes each year, 12,706
twenty-two and one-half per cent of the tax liability less the 12,707
amount of taxes paid by the date prescribed for that payment; 12,708
(2) For the second payment of estimated taxes each year, 12,710
forty-five per cent of the tax liability less the amount of taxes 12,711
paid by the date prescribed for that payment; 12,712
(3) For the third payment of estimated taxes each year, 12,714
sixty-seven and one-half per cent of the tax liability less the 12,715
amount of taxes paid by the date prescribed for that payment; 12,716
(4) For the fourth payment of estimated taxes each year, 12,718
ninety per cent of the tax liability less the amount of taxes 12,719
paid by the date prescribed for that payment. 12,720
For the purposes of this section, a payment of estimated 12,722
taxes on or before any payment date shall be considered a payment 12,723
of a previous underpayment only to the extent the payment of 12,724
estimated taxes exceeds the amount of the payment presently 12,725
required to be paid to avoid any penalty.
The penalty imposed under division (C) of this section is 12,727
in lieu of any other interest charge or penalty imposed for 12,728
failure to file a declaration of estimated tax report and make 12,729
estimated payments as required by this section.
(D) An underpayment of estimated taxes determined under 12,731
division (C) of this section is due to reasonable cause if any of 12,732
the following apply:
(1) The amount of tax that was paid equals at least ninety 12,734
per cent of the tax liability for the current qualifying taxable 12,735
year, determined by annualizing the income received during that 12,736
year up to the end of the month immediately preceding the month 12,737
in which the payment is due;
(2) The amount of tax liability that was paid equals at 12,739
least ninety per cent of the tax liability for the current 12,740
qualifying taxable year;
(3) The amount of tax liability that was paid equals at 12,742
least one hundred per cent of the tax liability shown on the 12,743
292
return of the qualifying entity for the preceding qualifying 12,744
taxable year, provided that the immediately preceding qualifying 12,745
taxable year reflected a period of twelve months and the
qualifying entity filed a return under section 5747.42 of the 12,746
Revised Code for that year.
(E)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY 12,751
FOR A TAXABLE YEAR IF EITHER OF THE FOLLOWING APPLIES TO THE 12,752
QUALIFYING ENTITY:
(a) FOR THE IMMEDIATELY PRECEDING TAXABLE YEAR, THE ENTITY 12,755
COMPUTES IN GOOD FAITH AND IN A REASONABLE MANNER THAT THE SUM OF 12,756
ITS ADJUSTED QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 12,758
(b) FOR THE TAXABLE YEAR THE ENTITY COMPUTES IN GOOD FAITH 12,761
AND IN A REASONABLE MANNER THAT THE SUM OF ITS ADJUSTED 12,762
QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS. 12,763
(2) NOTWITHSTANDING ANY OTHER PROVISION OF TITLE LVII OF 12,767
THE REVISED CODE TO THE CONTRARY, THE ENTITY SHALL ESTABLISH BY A 12,768
PREPONDERANCE OF THE EVIDENCE THAT ITS COMPUTATION OF THE 12,769
ADJUSTED QUALIFYING AMOUNTS FOR THE IMMEDIATELY PRECEDING TAXABLE 12,770
YEAR AND THE TAXABLE YEAR WAS, IN FACT, MADE IN GOOD FAITH AND IN 12,771
A REASONABLE MANNER. 12,772
(F) The tax commissioner may waive the requirement for 12,774
filing a declaration of estimated taxes for any class of 12,776
qualifying entities if the commissioner finds the waiver is 12,777
reasonable and proper in view of administrative costs and other
factors. 12,778
Sec. 5747.98. (A) To provide a uniform procedure for 12,787
calculating the amount of tax due under section 5747.02 of the 12,788
Revised Code, a taxpayer shall claim any credits to which the 12,789
taxpayer is entitled in the following order: 12,791
(1) The retirement income credit under division (B) of 12,793
section 5747.055 of the Revised Code; 12,794
(2) The senior citizen credit under division (C) of 12,796
section 5747.05 of the Revised Code; 12,797
(3) The lump sum distribution credit under division (D) of 12,799
293
section 5747.05 of the Revised Code; 12,800
(4) The dependent care credit under section 5747.054 of 12,802
the Revised Code; 12,803
(5) The lump sum retirement income credit under division 12,805
(C) of section 5747.055 of the Revised Code; 12,806
(6) The lump sum retirement income credit under division 12,808
(D) of section 5747.055 of the Revised Code; 12,809
(7) The lump sum retirement income credit under division 12,811
(E) of section 5747.055 of the Revised Code; 12,812
(8) The credit for displaced workers who pay for job 12,814
training under section 5747.27 of the Revised Code; 12,815
(9) The campaign contribution credit under section 5747.29 12,817
of the Revised Code; 12,818
(10) The twenty-dollar personal exemption credit under 12,820
section 5747.022 of the Revised Code; 12,821
(11) The joint filing credit under division (G) of section 12,824
5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of section 12,827
5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income under 12,830
division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter into agreements 12,833
with child day-care centers under section 5747.34 of the Revised 12,834
Code;
(15) The credit for employers that reimburse employee 12,836
child day-care expenses under section 5747.36 of the Revised 12,837
Code;
(16) The credit for manufacturing investments under 12,839
section 5747.051 of the Revised Code; 12,840
(17) The credit for purchases of new manufacturing 12,842
machinery and equipment under section 5747.26 or section 5747.261 12,844
of the Revised Code;
(18) The second credit for purchases of new manufacturing 12,847
machinery and equipment under section 5747.31 of the Revised 12,848
294
Code;
(19) The enterprise zone credit under section 5709.66 of 12,850
the Revised Code; 12,851
(20) The credit for the eligible costs associated with a 12,853
voluntary action under section 5747.32 of the Revised Code; 12,855
(21) The credit for employers that establish on-site child 12,858
day-care centers under section 5747.35 of the Revised Code; 12,859
(22) The credit for purchases of qualifying grape 12,861
production property under section 5747.28 of the Revised Code; 12,862
(23) The export sales credit under section 5747.057 of the 12,865
Revised Code;
(24) The credit for research and development and 12,867
technology transfer investors under section 5747.33 of the 12,868
Revised Code;
(25) The enterprise zone credits under section 5709.65 of 12,871
the Revised Code;
(26) The refundable jobs creation credit under section 12,874
5747.058 of the Revised Code;
(27) The refundable credit for taxes paid by a qualifying 12,876
entity granted under section 5747.059 of the Revised Code; 12,877
(28) THE REFUNDABLE CREDITS FOR TAXES PAID BY A QUALIFYING 12,879
PASS-THROUGH ENTITY GRANTED UNDER DIVISION (J) OF SECTION 5747.08 12,880
OF THE REVISED CODE.
(B) For any credit except the refundable jobs creation 12,882
credit and the refundable credit for taxes paid by a qualifying 12,883
entity CREDITS ENUMERATED IN DIVISIONS (A)(26), (27), AND (28) OF 12,885
THIS SECTION AND THE CREDIT GRANTED UNDER DIVISION (I) OF SECTION
5747.08 OF THE REVISED CODE, the amount of the credit for a 12,886
taxable year shall not exceed the tax due after allowing for any 12,887
other credit that precedes it in the order required under this 12,888
section. Any excess amount of a particular credit may be carried 12,889
forward if authorized under the section creating that credit. 12,890
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW A TAXPAYER TO 12,891
CLAIM, DIRECTLY OR INDIRECTLY, A CREDIT MORE THAN ONCE FOR A 12,892
295
TAXABLE YEAR.
Sec. 5907.15. THERE IS HEREBY CREATED IN THE STATE 12,894
TREASURY THE OHIO VETERANS HOME RENTAL AND SERVICE REVENUE FUND. 12,895
REVENUE GENERATED FROM TEMPORARY USE AGREEMENTS OF THE HOME, FROM 12,897
THE SALE OF MEALS AT THE HOME'S DINING HALLS, AND FROM RENTAL, 12,898
LEASE, OR SHARING AGREEMENTS FOR THE USE OF FACILITIES, SUPPLIES, 12,899
EQUIPMENT, UTILITIES, OR SERVICES PROVIDED BY THE HOME SHALL BE 12,900
CREDITED TO THE FUND. THE FUND SHALL BE USED ONLY FOR
MAINTENANCE COSTS OF THE HOME. 12,901
Section 2. That existing sections 101.34, 101.70, 101.71, 12,904
101.72, 101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 12,905
121.61, 121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 12,906
131.35, 133.06, 718.01, 3313.646, 3313.841, 3313.842, 3313.98, 12,908
3314.03, 3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 3317.021, 12,909
3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 12,910
3317.0214, 3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 12,911
3317.06, 3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 12,912
3318.08, 3318.10, 3323.091, 3323.12, 3704.14, 3734.57, 3734.82, 12,913
4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 5711.22, 5733.04,
5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 12,914
5747.08, 5747.43, and 5747.98, and section 5747.452 of the 12,916
Revised Code are hereby repealed. Existing Section 50.11 of Am. 12,918
Sub. H.B. 215 of the 122nd General Assembly, as most recently 12,919
amended by Am. Sub. H.B. 650 of the 122nd General Assembly, is 12,920
hereby repealed.
Section 3. That Sections 20.05, 47.13, 58, 62.01, 67.08, 12,922
119, 190, and 210 of Am. Sub. H.B. 215 of the 122nd General 12,924
Assembly be amended to read as follows:
"Sec. 20.05. Transfers to Central Service Agency Fund 12,926
The Director of Budget and Management may transfer up to 12,928
$1,500,000 in fiscal year 1998 and up to $500,000 in fiscal year 12,929
1999 from the Occupational Licensing and Regulatory Fund (Fund 12,930
4K9) to the Central Service Agency Fund (Fund 115). The cash 12,931
transferred shall be used to purchase the necessary equipment, 12,932
296
products, and services to install a local area network for the 12,933
professional licensing boards, to migrate their licensing 12,934
applications to this network, and to provide for the ongoing 12,935
operations of the network in fiscal year 1998 and fiscal year 12,936
1999. Appropriation authority equal to the cash transfer is 12,937
hereby appropriated to line item 100-632, Central Service Agency. 12,939
The Director of Budget and Management may transfer up to 12,941
$150,000 in fiscal year 1998 AND UP TO $150,000 IN FISCAL YEAR 12,942
1999 from the Occupational Licensing and Regulatory Fund (Fund 12,944
4K9) to the Central Service Agency Fund (Fund 115). The cash 12,945
shall be utilized as necessary to subsidize the operations of the 12,946
Central Service Agency during the process of transition due to 12,947
the Medical Board and the Pharmacy Board no longer using Central 12,948
Service Agency services.
The Director of Budget and Management shall transfer up to 12,950
$20,000 in fiscal year 1998 from the Occupational Licensing and 12,951
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund 12,952
(Fund 115). The Office of Budget and Management shall conduct, 12,953
or contract for the conduct of, a study examining the feasibility 12,955
of consolidating the administrative process of licensing and 12,956
regulating barbers and cosmetologists while respecting the 12,957
separate identities of the two professions. Appropriation
authority equal to the cash transfer is hereby appropriated to 12,959
line item 100-632, Central Service Agency.
Sec. 47.13. Minority Business Bonding Fund 12,961
Notwithstanding Chapters 122., 169., and 175. of the 12,963
Revised Code and other provisions of this act AM. SUB. H.B. 215 12,965
OF THE 122nd GENERAL ASSEMBLY, the Director of Development may, 12,967
upon the recommendation of the Minority Development Financing 12,968
Advisory Board, pledge up to $10,000,000 in this biennium of 12,969
unclaimed funds administered by the Director of Commerce and 12,970
allocated to the Minority Business Bonding Program pursuant to 12,971
section 169.05 of the Revised Code. The transfer of any cash by 12,972
the Director of Commerce from the Department of Commerce's 12,973
297
Unclaimed Funds Fund (Fund 543) to the Department of 12,974
Development's Minority Business Bonding Fund (Fund 449) shall 12,975
occur, if requested by the Director of Development, only if such 12,976
funds are needed for payment of losses arising from the Minority 12,977
Business Bonding Program, and only after the $2,700,000 12,978
transferred to the Minority Business Bonding Fund by the 12,979
Controlling Board in 1983 has been used for that purpose. Moneys 12,980
transferred by the Director of Commerce for this purpose may be 12,981
moneys in custodial funds held by the Treasurer of State. If 12,982
expenditures are required for payment of losses arising from the 12,983
Minority Business Bonding Program, such expenditures shall be 12,984
made from appropriation item 195-623, Minority Business Bonding 12,985
Contingency in the Minority Business Bonding Fund, and such 12,986
amounts are hereby appropriated. 12,987
Minority Business Bonding Program Administration 12,989
Investment earnings of the Minority Business Bonding Fund 12,991
(Fund 449), shall be credited to Minority Business Bonding 12,992
Program Administration Fund (Fund 450). 12,993
Ohio Minority Development Financing Advisory Board 12,995
The foregoing appropriation item 195-411, Minority 12,997
Development Financing Advisory Board, shall be used to pay 12,998
operating costs associated with the Minority Development 12,999
Financing Advisory Board. 13,000
Minority Business Enterprise Loan 13,002
Of the foregoing appropriation item 195-646, Minority 13,004
Business Enterprise Loan (Fund 4W1), not less than $500,000 in 13,006
each fiscal year shall be used to fund the Ohio Mini-Loan
Guarantee Program to make loan guarantees to small businesses in 13,007
an amount not to exceed fifty per cent of the total capital cost 13,008
of the project being assisted. In each fiscal year, no more than 13,009
$400,000 shall be used to pay up to 50 per cent of the operating 13,010
costs of the Minority Development Financing Advisory Board. 13,011
In fiscal year 1998 DURING THE 1997-1999 BIENNIUM, the 13,013
Director of Development shall use $250,000 from appropriation 13,015
298
item 195-646, Minority Business Enterprise Loan, to study 13,016
minority businesses to identify current minority business needs 13,017
and to determine how to improve Department of Development 13,018
services for minority businesses that would promote economic 13,019
development throughout the state.
All loan repayments from the Minority Development Financing 13,021
Advisory Board loan program and the Ohio Mini-Loan Guarantee 13,022
Program shall be deposited in the State Treasury, to the credit 13,023
of the Minority Enterprise Loan Fund (Fund 4W1). 13,024
Sec. 58. EPA ENVIRONMENTAL PROTECTION AGENCY 13,026
General Revenue Fund 13,028
GRF 716-321 Central 13,031
Administration $ 3,688,765 $ 3,780,221 13,033
3,865,221 13,034
GRF 717-321 Water Quality 13,036
Planning and
Assessment $ 7,783,614 $ 8,133,514 13,038
7,748,614 13,039
GRF 718-321 Ground Water $ 1,035,597 $ 1,098,797 13,043
GRF 719-321 Air Pollution Control $ 2,608,893 $ 2,673,946 13,047
GRF 721-321 Public Water System 13,049
Supervision $ 2,857,608 $ 2,939,948 13,051
GRF 724-321 Pollution Prevention $ 630,799 $ 630,799 13,055
GRF 725-321 Laboratory $ 1,116,505 $ 1,145,330 13,059
GRF 726-321 Corrective Actions $ 304,462 $ 281,279 13,063
GRF 715-501 Local Air Pollution 13,065
Control $ 1,398,489 $ 1,437,647 13,067
GRF 715-503 Science Advisory 13,069
Program $ 500,000 $ 500,000 13,071
450,000 13,072
GRF 715-504 Special Sanitary 13,074
District Distress
Fund $ 3,000,000 $ 0 13,076
TOTAL GRF General Revenue Fund $ 24,924,732 $ 22,621,481 13,079
299
24,839,732 22,706,481 13,080
General Services Fund Group 13,083
199 715-602 Laboratory Services $ 700,000 $ 700,000 13,088
4A1 715-640 Sale of Goods and 13,090
Services $ 3,148,826 $ 3,148,680 13,092
491 715-665 MOVING EXPENSES $ 0 $ 1,358,168 13,096
TOTAL GSF General Services 13,097
Fund Group $ 3,848,826 $ 3,848,680 13,100
5,206,848 13,101
Federal Special Revenue Fund Group 13,104
3F2 715-630 State Revolving Loan 13,107
Fund - Operating
Expenses $ 3,733,024 $ 3,821,161 13,109
3F3 715-632 PCB Toxics $ 3,584,637 $ 3,571,485 13,113
3F4 715-633 Water Quality 13,115
Management $ 934,238 $ 624,238 13,117
3F5 715-641 Nonpoint Source 13,119
Pollution Management $ 4,339,154 $ 4,197,440 13,121
3J1 715-620 Urban Stormwater $ 461,309 $ 589,109 13,125
3J5 715-615 Maumee River $ 1,183,511 $ 600,734 13,129
3K2 715-628 Clean Water Act 106 $ 2,535,049 $ 2,784,249 13,133
3K3 715-637 DOE Agreement in 13,135
Principle $ 1,932,687 $ 1,988,973 13,137
3K4 715-634 DOD Base 13,139
Realignment/Closure
Grant $ 861,500 $ 861,500 13,141
3K6 715-639 Remedial Action Plan $ 510,493 $ 723,887 13,145
3M5 715-652 Haz Mat Transport 13,147
Uniform Safety $ 268,745 $ 276,707 13,149
3N1 715-655 Pollution Prevention 13,151
Grants $ 90,000 $ 90,000 13,153
3N4 715-657 DOE Cost Recovery 13,155
Grants $ 3,098,920 $ 3,137,675 13,157
352 715-611 Wastewater Pollution $ 349,132 $ 395,000 13,161
300
353 715-612 Public Water Supply $ 2,308,500 $ 2,308,500 13,165
354 715-614 Hazardous Waste 13,167
Management $ 4,678,123 $ 4,678,123 13,169
356 715-616 Indirect Costs $ 3,600,000 $ 3,600,000 13,173
357 715-619 Air Pollution Control $ 3,074,005 $ 2,876,047 13,177
362 715-605 Underground Injection 13,179
Control $ 119,000 $ 119,000 13,181
TOTAL FED Federal Special Revenue 13,182
Fund Group $ 37,662,027 $ 37,243,828 13,185
State Special Revenue Fund Group 13,188
4C3 715-647 Central Support 13,191
Indirect $ 7,254,006 $ 7,437,442 13,193
4D7 715-603 Natural Resources 13,195
Damage Assessment $ 86,610 $ 86,610 13,197
4G3 715-618 Jennison Wright 13,199
Cleanup $ 140,352 $ 140,352 13,201
4J0 715-638 Underground Injection 13,203
Control $ 321,139 $ 329,488 13,205
4K2 715-648 Clean Air $ 1,863,000 $ 1,863,000 13,209
4K3 715-649 Solid Waste $ 9,960,931 $ 9,037,732 13,213
4K4 715-650 Surface Water 13,215
Protection $ 6,985,194 $ 6,985,194 13,217
4K5 715-651 Drinking Water 13,219
Protection $ 4,799,522 $ 3,945,546 13,221
4P5 715-654 Cozart Landfill $ 130,000 $ 130,000 13,225
4R5 715-656 Scrap Tire Management $ 4,255,459 $ 4,243,359 13,229
4R9 715-658 Voluntary Action 13,231
Program $ 1,345,567 $ 1,269,754 13,233
4T3 715-659 Title V Permit 13,235
Program $ 11,000,000 $ 10,900,000 13,237
4U7 715-660 Construction & 13,239
Demolition Debris $ 300,160 $ 300,160 13,241
4V8 715-663 Microdot Settlement $ 40,000 $ 0 13,245
500 715-608 Immediate Removal 13,247
301
Special Account $ 591,800 $ 599,639 13,249
503 715-621 Hazardous Waste 13,251
Facility Management $ 7,580,537 $ 7,901,421 13,253
503 715-661 Hazardous Waste 13,255
Facility Cleanup $ 3,123,667 $ 3,173,266 13,257
503 715-662 Hazardous Waste 13,259
Facility Board $ 796,573 $ 810,122 13,261
505 715-623 Hazardous Waste 13,263
Clean-up $ 18,444,873 $ 17,852,771 13,265
6A1 715-645 Environmental 13,267
Education $ 2,119,976 $ 2,125,114 13,269
602 715-626 Motor Vehicle 13,271
Inspection and
Maintenance $ 2,301,013 $ 2,390,569 13,273
644 715-631 ER Radiological 13,275
Safety $ 198,095 $ 190,451 13,277
660 715-629 Infectious Wastes 13,279
Management $ 179,630 $ 120,480 13,281
678 715-635 Air Toxic Release $ 272,236 $ 290,016 13,285
679 715-636 Emergency Planning $ 1,799,000 $ 1,849,372 13,289
676 715-642 Water Pollution 13,291
Control Loan
Administration $ 0 $ 1,060,000 13,293
696 715-643 Air Pollution Control 13,295
Administration $ 740,000 $ 750,000 13,297
699 715-644 Water Pollution 13,299
Control
Administration $ 500,000 $ 500,000 13,301
TOTAL SSR State Special Revenue 13,302
Fund Group $ 87,129,340 $ 86,281,858 13,305
TOTAL ALL BUDGET FUND GROUPS $ 153,564,925 $ 149,995,847 13,308
153,479,925 151,439,015 13,309
Cash Transfer from Hazardous Waste Funds to Solid Waste 13,312
Fund
302
Notwithstanding any other provision of law to the contrary, 13,314
the Director of Budget and Management shall transfer $882,619 13,315
cash from Fund 503, Hazardous Waste Facility Management and 13,316
$882,619 from Fund 505, Hazardous Waste Clean-up, to Fund 4K3, 13,318
Solid Waste.
Special Sanitary District Distress Fund 13,320
Of the foregoing appropriation item, GRF 715-504, Special 13,322
Sanitary District Distress Fund, $3,000,000 in fiscal year 1998 13,323
shall be used exclusively to abate or correct unsanitary 13,324
conditions in a special sanitary district created under section 13,325
1541.21 of the Revised Code concerning which the Director of 13,326
Environmental Protection has issued proposed Administrative 13,327
Orders prior to April 1994, but has not issued Final 13,328
Administrative Orders. The Special Sanitary District Distress 13,329
Fund shall be abolished on June 30, 1999, or whenever the balance 13,331
in the fund is $0, whichever occurs earlier.
Area-Wide Planning Agencies 13,333
Of the foregoing appropriation item, GRF 717-321, Water 13,335
Quality Planning and Assessment, $450,000 in fiscal year 1998 and 13,336
$450,000 in fiscal year 1999 shall be divided evenly between the 13,337
following six area-wide planning agencies: Eastgate Development 13,338
and Transportation Agency, Toledo Metropolitan Area Council of 13,339
Governments, Northeast Ohio Four County Regional Planning and 13,340
Development Organization, Northeast Ohio Areawide Coordinating 13,341
Agency, Ohio-Kentucky-Indiana Regional Council of Governments, 13,342
and Miami Valley Regional Planning Commission. 13,343
Hazardous Waste Study Committee 13,345
The Director of Environmental Protection shall review the 13,347
funding needs and program activities of the Division of Hazardous 13,349
Waste Management and the Division of Emergency and Remedial 13,350
Response and present that information to an advisory committee 13,351
established by the Director. The committee shall be composed of 13,352
three representatives of the Environmental Protection Agency, two 13,353
representatives of permitted hazardous waste facilities, two 13,354
303
representatives of industry involved in emergency and remedial 13,355
response, and two representatives of state-wide environmental 13,356
advocacy organizations. The committee shall make recommendations 13,357
to the Director regarding funding needs and program activities. 13,358
The Director shall report the committee's recommendations to the 13,359
Speaker of the House of Representatives and the President of the 13,360
Senate not later than October 1, 1998. 13,361
Scrap Tire Program 13,363
Of the foregoing appropriation item Fund 4R5, 715-656 Scrap 13,365
Tire Management, $400,000 in fiscal year 1998 and $400,000 in 13,366
fiscal year 1999 shall be used to fund a tire development and 13,367
reprocessing project. 13,368
Harrison County Garage Environmental Assessment 13,370
Of the foregoing appropriation item GRF 726-321, Corrective 13,373
Actions, $30,000 in fiscal year 1998 shall be used to fund the 13,374
Harrison County Garage environmental assessment.
MOVING EXPENSES 13,376
THERE IS HEREBY CREATED IN THE STATE TREASURY THE MOVING 13,379
EXPENSES FUND. THE FUND SHALL CONSIST OF CASH BALANCES
TRANSFERRED FROM EXISTING FUNDS NOT ALREADY OBLIGATED TO PAY 13,380
EXISTING OBLIGATIONS. THE FUND SHALL BE USED TO PAY THE MOVING 13,381
EXPENSES OF THE ENVIRONMENTAL PROTECTION AGENCY INTO NEW 13,382
FACILITIES. 13,383
NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, 13,385
THE DIRECTOR OF ENVIRONMENTAL PROTECTION, WITH THE APPROVAL OF 13,387
THE DIRECTOR OF BUDGET AND MANAGEMENT, MAY TRANSFER CASH BALANCES 13,388
NOT ALREADY OBLIGATED TO OTHER OBLIGATIONS INTO THE MOVING 13,389
EXPENSES FUND.
Sec. 62.01. Child and Family Health Services 13,391
Of the foregoing appropriation item 440-416, Child and 13,393
Family Health Services, $1,300,000 in each fiscal year shall be 13,394
used for family planning services. None of the funds received 13,396
through these family planning grants shall be used to provide 13,398
abortion services. None of the funds received through these
304
family planning grants shall be used for referrals for abortion, 13,399
except in the case of a medical emergency. These funds shall be 13,400
distributed on the basis of the relative need in the community 13,401
served by the Director of Health to family planning programs, 13,402
which shall include family planning programs funded under Title V 13,403
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 13,405
301, as amended, and Title X of the "Public Health Services Act," 13,406
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 13,407
other family planning programs which the Department of Health 13,408
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 13,409
emergency, with state funds, but that otherwise substantially 13,410
comply with the quality standards for such programs under Title V 13,411
and Title X.
The Director of Health shall, by regulation, provide 13,413
reasonable methods by which a grantee wishing to be eligible for 13,414
federal funding may comply with these requirements for state 13,415
funding without losing its eligibility for federal funding. 13,416
Of the foregoing appropriation item 440-416, Child and 13,418
Family Health Services, $25,000 in fiscal year 1998 shall be used 13,419
by the Preble County Commission to conduct a study to determine 13,420
if a Wellness Center should be established in Preble County. Any 13,421
unused funds shall be credited to appropriation item 440-416, 13,422
Child and Family Health Services. 13,423
Of the foregoing appropriation item 440-416, Child and 13,425
Family Health Services, $47,000 in fiscal year 1998 shall be used 13,426
by the Monroe County Health Planning Council. 13,427
Of the foregoing appropriation item 440-416, Child and 13,429
Family Health Services, $150,000 in each fiscal year shall be 13,430
used to provide malpractice insurance for physicians and other 13,432
health professionals providing prenatal services in programs 13,433
funded by the Ohio Department of Health. 13,434
Of the foregoing appropriation item 440-416, Child and 13,436
Family Health Services, $650,000 in each fiscal year shall be 13,438
305
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 13,440
Family Health Services, $200,000 shall be used in each fiscal 13,442
year for the OPTIONS dental care access program. 13,443
Of the foregoing appropriation item 440-416, Child and 13,445
Family Health Services, $25,000 shall be used by the Carroll 13,446
County Health Department.
Of the foregoing appropriation item 440-416, Child and 13,448
Family Health Services, $50,000 in each fiscal year shall be used 13,450
by the Cuyahoga County Health Department for the development of a 13,451
Pulmonary Hemosiderosis Prevention Program.
Prevention 13,453
Of the foregoing appropriation item 440-451, Prevention, 13,455
$100,000 shall be used in each fiscal year for rape prevention 13,457
programs.
Of the foregoing appropriation item 440-451, Prevention, 13,459
$54,500 in fiscal year 1998 and $49,820 in fiscal year 1999 shall 13,461
be used by the Miami Valley Youth Health Improvement Coalition to 13,462
prevent youths from cigarette or marijuana use and from alcohol 13,463
consumption. These funds shall be made available for use in the 13,464
following counties: Champaign, Clark, Darke, Greene, Miami, 13,465
Montgomery, Preble, and Shelby.
Hemophilia AIDS Prevention 13,467
Of the foregoing appropriation, 440-406, Hemophilia 13,469
Services, $235,000 in fiscal year 1998 and $245,000 in fiscal 13,470
year 1999 shall be used by the Ohio Department of Health to 13,471
provide grants to the nine hemophilia treatment centers to 13,472
provide prevention services for persons with hemophilia and their 13,473
family members affected by AIDS and other bloodborne pathogens. 13,474
HIV/AIDS Prevention/Protease Inhibitors 13,476
Of the foregoing appropriation item 440-444, AIDS 13,478
Prevention/AZT, $3.0 million in fiscal year 1998 and $3.9 million 13,479
in fiscal year 1999 shall be used to assist persons with HIV/AIDS 13,481
in acquiring protease inhibitor drugs.
306
Hemophilia Insurance Pilot Project 13,483
Of the foregoing appropriation item 440-406, Hemophilia 13,485
Services, $205,000 in each fiscal year shall be used to implement 13,486
the Hemophilia Insurance Pilot Project. 13,487
Maternal Child Health Block Grant 13,489
Of the foregoing appropriation item 440-601, Maternal Child 13,491
Health Block Grant (Fund 320), $2,091,299 shall be used in each 13,492
fiscal year for the purposes of abstinence-only education. The 13,493
Director of Health shall develop guidelines for the establishment 13,494
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 13,495
shall be pursuant to Title V of the "Social Security Act," 42 13,496
U.S.C.A. 510 and shall include, but are not limited to, 13,497
advertising campaigns and direct training in schools and other 13,498
locations.
Medically Handicapped Children Audit 13,500
The Medically Handicapped Children Audit Fund (Fund 477) 13,502
shall receive revenue from audits of hospitals and recoveries 13,503
from third-party payors. Funds may be expended for payment of 13,504
audit settlements and for costs directly related to obtaining 13,505
recoveries from third-party payors and for encouraging Program 13,506
for Medically Handicapped Children recipients to apply for 13,507
third-party benefits. Funds also may be expended for payments 13,508
for diagnostic and treatment services on behalf of medically 13,509
handicapped children, as defined in division (A) of section 13,510
3701.022 of the Revised Code, Ohio residents who are twenty-one 13,511
or more years of age and who are suffering from cystic fibrosis. 13,512
Medically Handicapped Children - County Assessments 13,515
The foregoing appropriation item, 440-607, Medically 13,517
Handicapped Children - County Assessments, shall be used to make 13,518
payments pursuant to division (E) of section 3701.023 of the 13,519
Revised Code. 13,520
Sickle Cell Fund 13,522
The foregoing State Special Revenue Fund Group 13,524
307
appropriation item 440-610, Sickle Cell Disease Control (Fund 13,525
4F9), shall be used by the Department of Health to administer 13,526
programs authorized by section 3701.131 of the Revised Code. The 13,527
source of the funds is as specified in section 3701.23 of the 13,528
Revised Code. 13,529
Cancer Registry System 13,531
The foregoing appropriation item 440-412, Cancer Incidence 13,533
Surveillance System, shall be used to establish and maintain a 13,534
cancer registry system within the Department of Health pursuant 13,535
to sections 3701.261 to 3701.263 of the Revised Code. In each 13,536
fiscal year of the biennium, $50,000 of line item 440-412 shall
be used as an operating subsidy for the Cleveland Cancer Data 13,537
Systems.
Genetics Services 13,539
The foregoing State Special Revenue Fund Group 13,541
appropriation item 440-608, Genetics Services (Fund 4D6), shall 13,542
be used by the Department of Health to administer programs 13,543
authorized by sections 3701.501 and 3701.502 of the Revised Code. 13,544
Sudden Infant Death Syndrome 13,546
A portion of the foregoing appropriation item 440-601, 13,548
Maternal and Child Health Block Grant (Fund 320), shall be used 13,549
to ensure that current information on sudden infant death 13,550
syndrome is available for distribution by local health districts. 13,551
Poison Control Network 13,553
Of the foregoing appropriation, 440-504, Poison Control 13,555
Network, all available funds in each fiscal year shall be used by 13,556
the Ohio Department of Health for grants to the consolidated Ohio 13,557
Poison Control Center to provide poison control services to Ohio 13,559
citizens.
Of the foregoing appropriation item 440-504, Poison Control 13,562
Network, $250,000 in fiscal year 1998 and $250,000 in fiscal year 13,563
1999 shall be used to consolidate the poison control centers in 13,564
Ohio in a single location in Hamilton County.
Tuberculosis 13,566
308
The foregoing appropriation item 440-506, Tuberculosis, 13,568
shall be used to make payments to counties pursuant to section 13,569
339.43 of the Revised Code.
Child and Family Health Services ISTV 13,571
The Director of Budget and Management shall transfer cash 13,573
from Fund 3P8, Disproportionate Share, to the Department of 13,574
Health Fund 5E1, Health Services, in an amount of $14,800,000. 13,575
This amount shall be used for the following purposes: $4,900,000 13,576
shall be used in fiscal years 1998 and 1999 for rabies 13,577
prevention; $1,000,000 in each fiscal year shall be disbursed to 13,578
the local Child and Family Health Services Clinics to provide 13,580
services to uninsured low-income persons; $1,500,000 in each 13,581
fiscal year to Federally Qualified Health Centers and federally 13,582
designated look-alikes to provide services to uninsured 13,583
low-income persons; $1,000,000 in each fiscal year shall be used 13,584
for the diagnosis and treatment of sexually transmitted diseases; 13,585
and $700,000 in each fiscal year for family planning services. 13,587
None of the funds received through family planning grants under 13,588
appropriation item 440-624, Health Services (Fund 5E1), shall be
used to provide abortion services. None of the funds received 13,589
through family planning grants under appropriation item 440-624, 13,590
Health Services (Fund 5E1), shall be used for referrals for 13,591
abortion, except in the case of a medical emergency. These funds 13,592
shall be distributed on the basis of the relative need in the 13,594
community served by the Director of Health to family planning
programs, which shall include family planning programs funded 13,595
under Title V of the "Social Security Act," 49 Stat. 620 (1935), 13,596
42 U.S.C.A. 301, as amended, and Title X of the "Public Health 13,597
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, 13,598
as well as to other family planning programs which the Department 13,599
of Health also determines will provide services that do not 13,600
include referrals for abortion, other than in the case of medical 13,601
emergency, with state funds, but that otherwise substantially 13,602
comply with the quality standards for such programs under Title V 13,603
309
and Title X.
The Director of Health shall, by regulation, provide 13,605
reasonable methods by which a grantee wishing to be eligible for 13,606
federal funding may comply with these requirements for state 13,607
funding without losing its eligibility for federal funding. The 13,608
Director of Health shall adopt rules for the use of these funds 13,609
by September 30, 1997.
The Director of Health shall require recipients of these 13,611
funds to acknowledge that Fund 5E1, Health Services, does not 13,612
have a revenue source beyond this biennium and that there is no 13,613
assurance that funding for these initiatives will continue in the 13,615
next biennium.
Public Health 13,617
Of the foregoing appropriation item 440-624, Health 13,619
Services, $500,000 in fiscal year 1998 and $1,000,000 in fiscal 13,620
year 1999 shall be transferred to the Ohio State University 13,621
College of Medicine and Public Health. The funds shall support 13,622
the development of statewide public health initiatives that are 13,623
consistent with the "Ohio Public Health Plan: Strategies to 13,624
Implement the Five Point Plan," including the development of data 13,626
collection mechanisms and data processes to track and evaluate 13,627
public health programs and outcomes. The College of Medicine and 13,628
Public Health shall work in collaboration with the Department of 13,629
Health and the local departments of health to provide 13,630
consultative program development and design services in health 13,631
behavior, health promotion, epidemiology, biometrics, health 13,632
services and management, and environmental health sciences. 13,633
Measurable outcome-based initiatives shall be developed in a 13,634
minimum of the following areas: childhood immunizations; 13,635
emerging infectious diseases; women's health issues; the 13,636
prevention of teenage pregnancy; improved outcomes of pregnancy; 13,637
and the value of nutritional education and dietary modification 13,638
as a strategy for the prevention of heart disease and cancer. 13,639
The Director of Health shall require The Ohio State 13,641
310
University College of Medicine and Public Health to acknowledge 13,642
that Fund 5E1, Health Services, does not have a revenue source 13,643
beyond this biennium and that there is no assurance that funding 13,644
for these initiatives will continue in the next biennium. 13,645
AIDS Drug Reimbursement Program 13,647
Of the foregoing appropriation item 440-444, AIDS 13,649
Prevention/AZT, $124,500 in fiscal years 1998 and 1999 shall be 13,650
used for the AIDS Drug Reimbursement Program and section 3701.241 13,652
of the Revised Code and Title XXVI of the "Public Health Services 13,653
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 13,654
Department of Health is authorized to promulgate rules pursuant 13,655
to section 111.15 and Chapter 119. of the Revised Code as 13,656
necessary for the administration of the program. 13,657
Ohio Early Start Program 13,659
The foregoing appropriation item 440-459, Ohio Early Start, 13,661
shall be used to provide services to children under age three who 13,662
are at risk of developmental delay or child abuse and neglect. 13,663
Funds shall be allocated with the approval of the Family and 13,664
Children First Cabinet Council and pursuant to rules adopted in 13,665
accordance with Chapter 119. of the Revised Code.
Ohio Health Care Data System 13,667
Of the foregoing appropriation item, 440-413, Ohio Health 13,669
Care Data System, the Director of Health may distribute up to 13,671
$450,000 in each fiscal year to the Ohio Corporation for Health 13,672
Information to expand the electronic data interchange effort and 13,673
for special projects.
Transfer of Laboratory Services 13,675
The Director of Health shall contract with The Ohio State 13,678
University to perform the state laboratory testing, analytical 13,679
duties and any other related functions currently performed by the 13,680
Bureau of Laboratories at the Department of Health. 13,681
Osteoporosis Awareness Program 13,683
Grants from pharmaceutical companies, and others, that are 13,685
credited to appropriation item 440-609, Non-Governmental Revenue 13,686
311
(Fund 4L3), for the purpose of osteoporosis awareness and 13,687
appropriations in line item 440-402, Osteoporosis Awareness, are 13,688
to be used by the Office of Women's Health Initiatives to 13,689
implement an Osteoporosis Awareness Program.
CENTRAL SUPPORT INDIRECT FUND CASH TRANSFER 13,694
ON OR BEFORE JUNE 30, 1998, AT THE REQUEST OF THE DIRECTOR 13,697
OF HEALTH, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER 13,699
CASH IN AN AMOUNT UP TO $600,000 FROM THE CENTRAL SUPPORT 13,700
INDIRECT FUND (FUND 211) TO THE LAB HANDLING FEE FUND (FUND 473) 13,702
AND INCREASE APPROPRIATION ITEM 440-622, LAB HANDLING FEE, BY AN 13,703
EQUIVALENT AMOUNT.
CERTIFICATE OF NEED FUND USES 13,706
IN ADDITION TO USES CITED IN DIVISION (B) OF SECTION 13,708
3702.52 OF THE REVISED CODE, IN FISCAL YEAR 1999 THE DIRECTOR OF 13,709
HEALTH MAY USE THE CERTIFICATE OF NEED FUND (FUND 471) TO 13,710
ADMINISTER SECTIONS 3702.11 TO 3702.20 AND 3702.30 OF THE REVISED 13,711
CODE.
Sec. 67.08. Study on Transfer of Assets and the Medicaid 13,715
Estate Recovery Program 13,716
The Department of Human Services shall conduct a study, or 13,718
contract for a study to be conducted, for the purpose of 13,719
determining the extent to which applicants for nursing home 13,720
services paid for through the Medicaid program are transferring 13,721
their assets for less than fair market value as a means of 13,722
avoiding depletion of their assets for their own support prior to 13,724
becoming eligible for Medicaid. The study shall include an
analysis of the Medicaid estate recovery program, including a 13,725
compilation of data regarding the follwing FOLLOWING: the 13,726
frequency of homestead property being available for recovery, the 13,727
amount spent on the estate recovery program in comparison to the 13,728
amount actually recovered, and the experience of other states in 13,730
operating Medicaid estate recovery programs. The study shall 13,731
include any recommendations for legislative changes that would 13,732
either deter the occurrence of pre-eligibility asset transfers or 13,733
312
enhance the efficacy of the Department's Medicaid estate recovery 13,734
program. Results of the study shall be filed by January 1, 1999, 13,735
with the Governor, the Speaker of the House of Representatives, 13,736
and the President of the Senate. 13,737
FUNDING FOR THE EARLY START WELCOME VISITS PROGRAM 13,741
IN FISCAL YEAR 1999, UPON THE REQUEST OF THE DIRECTOR OF 13,744
HUMAN SERVICES, THE CONTROLLING BOARD MAY TRANSFER UP TO $4 13,745
MILLION IN STATE SHARE GENERAL REVENUE FUND APPROPRIATIONS FROM 13,746
THE DEPARTMENT OF HUMAN SERVICES TO THE DEPARTMENT OF HEALTH 13,747
APPROPRIATION ITEM 440-459, EARLY START WELCOME VISITS PROGRAM. 13,749
THE DIRECTOR OF BUDGET AND MANAGEMENT MAY REDUCE THE APPROPRIATE 13,750
LINE ITEM IN THE DEPARTMENT OF HUMAN SERVICES' BUDGET BY THE 13,751
AMOUNT OF CORRESPONDING FEDERAL MATCHING FUNDS. 13,752
Sec. 119. OVH OHIO VETERANS' HOME 13,754
General Revenue Fund 13,756
GRF 430-100 Personal Services $ 10,334,362 $ 11,039,285 13,761
GRF 430-200 Maintenance $ 4,676,165 $ 5,007,942 13,765
TOTAL GRF General Revenue Fund $ 15,010,527 $ 16,047,227 13,768
Federal Special Revenue Fund Group 13,771
3L2 430-601 Federal Grants $ 6,690,000 $ 7,034,267 13,776
TOTAL FED Federal Special Revenue 13,777
Fund Group $ 6,690,000 $ 7,034,267 13,780
State Special Revenue Fund Group 13,783
4E2 430-602 Veterans Home 13,786
Operating $ 3,082,672 $ 3,320,470 13,788
3,480,942 13,789
484 430-603 RENTAL AND SERVICE 13,791
REVENUE $ 0 $ 100,000 13,793
604 430-604 Veterans Home 13,795
Improvement $ 466,192 $ 579,839 13,797
TOTAL SSR State Special Revenue 13,798
Fund Group $ 3,548,864 $ 3,900,309 13,801
4,160,781 13,802
TOTAL ALL BUDGET FUND GROUPS $ 25,249,391 $ 26,981,803 13,805
313
27,242,275 13,806
CASH TRANSFER FROM VETERANS HOME FUND TO OPERATING FUNDDIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER CASH IN 13,817
AN AMOUNT EQUAL TO A ONE PER CENT REDUCTION IN THE OHIO VETERANS 13,818
HOME GENERAL REVENUE FUND OPERATING LINE ITEMS, AS PROVIDED IN 13,820
AM. SUB. H. B. 650 OF THE 122nd GENERAL ASSEMBLY, FROM THE 13,822
VETERANS HOME FUND (FUND 604) TO THE VETERANS HOME OPERATING FUND 13,823
(FUND 4E2). 13,824
Sec. 190. Ohio Departments Building 13,826
(A) As used in this section: 13,828
(1) "Repair and renovate" and "repair and renovation" 13,830
include, but are not limited to, planning, programming, design, 13,831
constructions, furnishing, and equipping of the Ohio Departments 13,832
Building;
(2) "Appropriation" means appropriation items CAP-815 and 13,834
CAP-849 in Section 28 of Am. H.B. 748 of the 121st General 13,835
Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in 13,837
Section 15.02 of Am. Sub. S.B. 264 of the 121st General Assembly,
and any subsequent appropriations made to or for the benefit of 13,839
the Supreme Court for the repair and renovation of the Ohio 13,840
Departments Building.
(B) The appropriation shall be used by or at the direction 13,842
of the Supreme Court of Ohio for the repair and renovation of the 13,843
Ohio Departments Building as follows: 13,844
(1) A portion shall be used by the Department of 13,846
Administrative Services for the repair and renovation of the 13,847
exterior, roof, and grounds of the Ohio Departments Building; 13,848
(2) The remaining portion shall be used after January 1, 13,850
1998 by the Ohio Building Authority for other expenses associated 13,851
with the repair and renovation of the Ohio Departments Building, 13,852
including, but not limited to, the interior and grounds of the 13,853
Building.
(C) The Ohio Building Authority, with the prior approval 13,855
of the Supreme Court, shall submit a plan and cost estimate of 13,856
314
repair and renovation set forth in division (B)(2) of this 13,857
section to the Department of Administrative Services. Based upon 13,858
the plan, the Director of Administrative Services shall request 13,859
the Director of Budget and Management to release from the
appropriation the estimated amount. The Director of Budget and 13,860
Management may release the funds APPROPRIATION and, upon their 13,861
THAT release, the Director of Administrative Services shall 13,863
transfer the amount released to the Ohio Building Authority,
which shall use the funds MONEYS, and any investment earnings on 13,864
the funds MONEYS and other available receipts as defined in 13,866
section 152.09 of the Revised Code, to pay the costs of the 13,867
repair and renovation.
(D) Upon completion of the repair and renovation: 13,869
(1) Any funds MONEYS received by the Ohio Building 13,871
Authority for the repair and renovation that have not been used 13,872
shall be refunded to the Department of Administrative Services 13,873
for deposit into Fund 026; 13,874
(2) The Supreme Court shall own, operate, and manage the 13,876
Ohio Departments funds received by the Ohio Building Authority 13,878
for the repair and renovation that have not been used shall be 13,879
refunded to the Department of Administrative Services for deposit 13,880
into Fund 026 Building. 13,881
(E) The Supreme Court may enter into contracts or other 13,883
agreements with the Department of Administrative Services, the 13,884
Ohio Building Authority, another state entity, or a private 13,885
contractor to operate and manage the Ohio Departments Building. 13,886
(F) To assist the Ohio Building Authority, the Department 13,888
of Administrative Services and the Supreme Court may assign, 13,889
amend, or enter into any necessary or appropriate leases, 13,890
contracts, or agreements relating to the Ohio Departments 13,891
Building to or with the Ohio Building Authority upon terms 13,892
satisfactory to all parties.
(G) REPAIRS AND RENOVATIONS THAT ARE MADE USING THE 13,894
APPROPRIATION ARE EXEMPT FROM SECTION 3379.10 OF THE REVISED 13,896
315
CODE, THE PER CENT FOR ARTS PROGRAM.
Sec. 210. Sections 5733.02, 5733.022, 5733.03, 5733.042, 13,898
5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 13,899
5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 13,900
5733.0611, 5733.09, 5733.12, 5733.31, 5733.311, 5733.32, 5733.33, 13,901
and 5733.98 of the Revised Code, as amended or enacted by this 13,902
act AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, apply to tax 13,904
years 1999 and thereafter, except as otherwise provided in 13,906
division (A) of section 5733.05 and divisions (A)(6) through (8) 13,908
of section 5733.98 of the Revised Code. NOTHING IN AM. SUB. H.B. 13,909
215 OF THE 122nd GENERAL ASSEMBLY AMENDS OR REPEALS ALL OR ANY 13,911
PORTION OF THESE SECTIONS FOR THE PURPOSES OF TAX YEAR 1998 WITH
REGARD TO CORPORATIONS OTHER THAN FINANCIAL INSTITUTIONS. 13,912
THE AMENDMENT OF THIS SECTION IS SUBJECT TO THE 13,914
REFERENDUM."
Section 4. That existing Sections 20.05, 47.13, 58, 62.01, 13,916
67.08, 119, 190, and 210 of Am. Sub. H.B. 215 of the 122nd 13,917
General Assembly are hereby repealed. 13,918
Section 5. That Section 67.05 of Am. Sub. H.B. 215 of the 13,920
122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd 13,921
General Assembly, be amended to read as follows: 13,923
"Sec. 67.05. Transfer of Funds 13,925
The Ohio Department of Human Services shall transfer 13,927
through intrastate transfer vouchers, cash from State Special 13,928
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and 13,929
Community-Based Services, in the Ohio Department of Mental 13,930
Retardation and Developmental Disabilities. The sum of the 13,931
transfers shall be equal to the amounts appropriated per fiscal 13,932
year in line item 322-604, Waiver - Match. The transfer may 13,933
occur on a quarterly basis or on a schedule developed and agreed
to by both Departments. 13,934
The Ohio Department of Human Services shall transfer, 13,936
through intrastate transfer vouchers, cash from the State Special 13,937
Revenue Fund 4J5, Home and Community-Based Services for the Aged, 13,938
316
to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum 13,939
of the transfers shall be equal to the amount appropriated per 13,940
fiscal year in line item 490-610, PASSPORT/Residential State 13,942
Supplement. The transfer may occur on a quarterly basis or on a 13,943
schedule developed and agreed to by both departments.
Day Care for Foster Parents 13,945
Of the foregoing appropriation item 400-527, Child 13,947
Protective Services, not more than $1,400,000 in fiscal year 1998 13,949
and not more than $1,400,000 in fiscal year 1999, may be used to 13,950
reimburse counties for child day care services purchased in 13,951
behalf of children in foster care. Such funds may be used as
matching funds for federal funds that may be available for this 13,952
purpose. The Department of Human Services shall adopt rules, in 13,953
accordance with section 111.15 of the Revised Code, establishing 13,954
reimbursement procedures and conditions to be followed by 13,955
counties.
Transfer from the Children's Trust Fund to the Wellness 13,957
Block Grant Fund
The Director of Budget and Management shall transfer 13,959
$1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 13,960
from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block 13,961
Grant, within the Department of Human Services' budget. 13,962
Foster Care Liability Coverage 13,964
On behalf of public children services agencies and in 13,966
consultation with the Department of Insurance and the Office of 13,967
State Purchasing, the Department of Human Services may seek and 13,968
accept proposals for a uniform and statewide insurance policy to 13,969
indemnify foster parents for personal injury and property damage 13,970
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 13,971
children services agency that agrees to purchase the insurance 13,972
policy.
Protective Services Incentive Funding 13,974
Notwithstanding the formula in section 5101.14 of the 13,976
317
Revised Code, from the foregoing appropriation item 400-527, 13,977
Child Protective Services, the Department of Human Services may 13,978
use no more than $2 million in fiscal year 1999 as incentive 13,979
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 13,980
delivery. The department shall develop a process for the release 13,981
of these funds and may adopt rules in accordance with section 13,982
111.15 of the Revised Code governing the distribution, release, 13,983
and use of these funds.
Day Care/Head Start Collaborations 13,985
The Department of Human Services and the county departments 13,987
of human services shall work to develop collaborative efforts 13,988
between Head Start and child care providers. The Department of 13,989
Human Services may use the foregoing appropriation items 400-413, 13,991
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 13,992
child day care centers. 13,993
Day Care Funding for Latchkey Children 13,995
The Department of Human Services shall use not less than 13,997
$5,000,000 in fiscal year 1998 and not less than $5,000,000 in 13,998
fiscal year 1999 of the Child Care Development Block Grant 13,999
moneys to support low-income families who need assistance in the 14,000
provision of before-school and after-school care for their 14,001
children. The Department of Human Services shall establish rules 14,002
determining eligibility for these dollars adopted in accordance 14,003
with section 111.15 of the Revised Code. 14,004
Evening and Night Time Child Care 14,006
When the Department of Human Services adopts rules 14,008
establishing a procedure for determining the rates of maximum 14,009
reimbursement for publicly funded child care, the department 14,010
shall adopt an enhanced rate to encourage the development of 14,011
child care for parent(s) who work nontraditional hours. 14,012
Human Services Staff Reduction 14,014
From staffing levels that existed on January 1, 1997, the 14,017
318
Department of Human Services is required to reduce its full-time
equivalent positions by 150 by July 1, 1999. At least 14,018
thirty-nine positions must be eliminated by January 1, 1998. The 14,019
remaining positions must be eliminated by July 1, 1999. 14,020
Child Protective Services Information System 14,022
(A) From the foregoing appropriation item 400-416, 14,024
Computer Projects, the Department of Human Services shall expend 14,025
at least $6,000,000 in fiscal year 1998 and at least $6,000,000 14,026
in fiscal year 1999 to contract with a vendor to develop a 14,028
statewide automated child welfare information system (SACWIS) and 14,029
support the 88 public children services agencies' implementation 14,030
of the SACWIS. The department shall select a vendor by using a 14,032
competitively bid request for proposal process. For a vendor to 14,034
be eligible to contract with the department, all of the following 14,035
must apply:
(1) The vendor must have developed a SACWIS for another 14,038
state and assisted that state with the successful implementation 14,039
of the SACWIS; 14,040
(2) The vendor must be able to do either of the following: 14,043
(a) Revise the SACWIS developed for the other state to 14,047
comply with Ohio and federal law and successfully interface with 14,048
the Support Enforcement Tracking System (SETS) and Client 14,050
Registry and Information System-Enhanced (CRIS-E); 14,051
(b) Develop a new SACWIS that complies with Ohio and 14,055
federal law and successfully interfaces with SETS and CRIS-E; 14,057
(3) The vendor must be able to have the SACWIS operational 14,060
in all 88 public children services agencies by June 30, 1999. 14,061
(B) The Department of Human Services shall do both of the 14,063
following:
(1) Provide training and system support for the county 14,065
employees who will use the SACWIS; 14,066
(2) Provide for the maintenance and general upkeep of the 14,068
SACWIS. 14,069
Adoption Assistance 14,071
319
Of the foregoing appropriation item 400-528, Title IV-E and 14,073
State Adoption Services, not more than $3,700,000 in fiscal year 14,074
1998 and not more than $3,700,000 in fiscal year 1999 shall be 14,075
used in support of post finalization adoption services offered 14,076
pursuant to section 5153.163 of the Revised Code. The Department 14,078
of Human Services shall adopt rules and procedures pursuant to 14,079
section 111.15 of the Revised Code to set payment levels and 14,080
limit eligibility for post finalization adoption services as 14,081
necessary to limit program expenditures to the amounts set forth 14,082
in this section, based on factors, including but not limited to, 14,083
any or all of the following: type, or extent, of the adopted 14,084
child's disability or special need; and resources available to 14,085
the adoptive family to meet the child's service needs. 14,086
Social Service Block Grant (SSBG) Earmark for Day Care 14,088
Services 14,089
Of the foregoing appropriation item 400-620, Social 14,091
Services Block Grant, no less than $15,000,000 in fiscal year 14,092
1998 and $15,000,000 in fiscal year 1999 shall be used for child 14,093
day care services. The remainder of the SSBG funding may be used 14,094
to provide social services as authorized in section 5101.465 14,095
5101.46 of the Revised Code, including adult day care. 14,096
Child Support Collections/TANF MOE 14,098
The foregoing appropriation item 400-658, Child Support 14,100
Collections, shall be used by the Department of Human Services to 14,101
meet the TANF Maintenance of Effort requirements of Pub. L. No. 14,102
104-193. After the state has met the maintenance of effort 14,103
requirement, the Department of Human Services may use funds from 14,104
line item 400-658 to support public assistance activities.
Transfer of Unspent Funds from Fiscal Year 1998 to Fiscal 14,107
Year 1999
Upon the request of the Department of Human Services, the 14,110
Controlling Board may transfer any remaining unspent fiscal year 14,111
1998 funds from appropriation item 400-410, TANF State, to
appropriations for fiscal year 1999 so that the state of Ohio 14,112
320
will be able to meet the Maintenance of Effort requirements for 14,113
the Temporary Assistance for Needy Families Block. 14,114
Upon the request of the Department of Human Services, the 14,116
Controlling Board may transfer any remaining unspent fiscal year 14,117
1998 funds from appropriation item 400-413, Day Care/Maintenance 14,118
of Effort, to appropriations for fiscal year 1999 so that the 14,119
state of Ohio will be able to meet the Maintenance of Effort 14,120
requirements for the Child Care Development Block Grant. 14,121
Upon the request of the Department of Human Services, the 14,123
Controlling Board may transfer any remaining unspent fiscal year 14,124
1998 funds from individual county consolidations from 14,125
appropriation item 400-527, Child Protective Services, to 14,126
appropriations for fiscal year 1999 so that the counties may meet 14,128
the obligations for services funded through that line item.
Upon the request of the Department of Human Services, the 14,130
Controlling Board may transfer any remaining unspent fiscal year 14,131
1998 funds from the Post Finalization Special Adoption Services 14,132
portion of appropriation item 400-528, Adoption Services, to 14,133
appropriations for fiscal year 1999 so that counties may meet the 14,135
obligations for services funded through that portion of the line 14,136
item.
Upon the request of the Department of Human Services, the 14,138
Controlling Board may transfer any remaining unspent fiscal year 14,139
1998 funds from appropriation item 400-409, Wellness Block Grant, 14,141
to appropriations for fiscal year 1999 so that the counties may 14,142
meet the obligations for services funded through that line. 14,143
Private Child Care Agencies Training 14,145
The foregoing appropriation item 400-615, Private Child 14,147
Care Agencies Training, shall be used by the Department of Human 14,148
Services to provide the state match for federal Title IV-E 14,149
training dollars for private child placing agencies and private 14,150
noncustodial agencies. Revenues shall consist of moneys derived 14,151
from fees established under section 5101.112 5101.143 of the 14,152
Revised Code and paid by private child placing agencies and 14,153
321
private noncustodial agencies.
Funding for Emergency Food Distribution Programs 14,155
Of the foregoing appropriation item 400-610, Food Stamps 14,157
and State Administration, $1.5 million in fiscal year 1998 and 14,158
$1.5 million in fiscal year 1999 shall be used by the Department 14,159
of Human Services to purchase commodities and distribute those 14,160
commodities to supplement the emergency food distribution 14,161
programs. Agencies receiving commodities under this program 14,162
shall provide reports in accordance with rules developed by the 14,163
Department of Human Services. 14,164
Transfers for Lead Assessments 14,166
Of the foregoing appropriation item 400-525, Health 14,168
Care/Medicaid, $77,790 (state share only) in fiscal year 1998, 14,169
and $111,477 (state share only) in fiscal year 1999 shall be used 14,171
to transfer funds from the General Revenue Fund to the General 14,172
Operations Fund (Fund 142) of the Department of Health. Transfer 14,173
of the funds shall be made through intrastate transfer vouchers 14,174
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 14,175
Medicaid Healthcheck recipients. 14,176
Transfer IMD/DSH Cash 14,178
The Director of Budget and Management may transfer cash 14,180
from the Disproportionate Share Fund (3P8) in the Department of 14,181
Human Services to the OhioCare Fund (4X5) in the Department of 14,182
Mental Health, the Behavioral Health Medicaid Services Fund (4X4) 14,184
in the Department of Alcohol and Drug Addiction Services, and the
Medicaid Program Support Fund - State (5C9) in the Department of 14,185
Human Services and shall transfer cash in the amount of 14,186
$14,800,000 to the Health Services Fund (5E1) in the Department 14,187
of Health.
Interagency Agreement on Specified Medicaid Services 14,189
Based on an interagency agreement, the Department of Human 14,191
Services may delegate authority to the Department of Alcohol and 14,192
Drug Addiction Services and the Department of Mental Health to 14,193
322
administer specified Medicaid services. Monthly reimbursement 14,194
shall be made by intrastate transfer voucher from the Department 14,195
of Human Services' appropriation items 400-525, Health 14,196
Care/Medicaid, and 400-655, Interagency Reimbursement, to the 14,197
Department of Drug and Alcohol Addiction Services' Behavioral 14,198
Health Medicaid Services Fund (4X4) and the Department of Mental 14,200
Health's OhioCare Fund (4X5).
Medicaid Program Support Fund-State 14,202
The Department of Human Services' Medicaid Program Support 14,204
Fund-State (5C9) is hereby created in the state treasury. The 14,205
Fund shall be used to receive earned federal reimbursement 14,206
generated by the Institutions for Mental
Diseases/Disproportionate Share Hospital Program. The foregoing 14,207
appropriation item 400-671, Medicaid Program Support, may be used 14,209
for the following purposes: to pay for Medicaid services to 14,210
eligible children under age nineteen, whose family income does 14,211
not exceed 150 per cent of the federal poverty level; to pay for 14,212
a new Medicaid home and community-based waiver program for 14,213
non-aged persons with chronic, long-term disabilities; and, to 14,214
make residual payments associated with the specified Medicaid 14,215
services transferred to the Department of Alcohol and Drug 14,216
Addiction Services and the Department of Mental Health. 14,217
The foregoing appropriation item 400-672, Medicaid 14,219
Services, may be used by the Department of Human Services to pay 14,220
for Medicaid services or to transfer moneys by intrastate 14,221
transfer voucher to the Department of Mental Health's OhioCare 14,223
Fund (4X5) in accordance with an interagency agreement which 14,224
delegates authority from the Department of Human Services to the 14,225
Department of Alcohol and Drug Addiction Services and the
Department of Mental Health to administer specified Medicaid 14,226
services. 14,227
Medicaid Program Support Fund-Federal 14,229
The Department of Human Services' Medicaid Program Support 14,231
Fund-Federal (3P7) is hereby created in the state treasury. The 14,232
323
foregoing appropriation item 400-668, Medicaid Program Support, 14,233
may be used to pay for Medicaid services to eligible children 14,235
under age nineteen, whose family income does not exceed 150 per 14,236
cent of the federal poverty level; and for a new Medicaid home
and community-based waiver program for non-aged persons with 14,237
chronic, long-term disabilities. Funds also may be used for 14,238
residual payments associated with the specified Medicaid services 14,239
transferred to the Department of Alcohol and Drug Addiction 14,240
Services and the Department of Mental Health.
The foregoing appropriation item 400-672, Medicaid 14,242
Services, may be used by the Department of Human Services to pay 14,243
for Medicaid services and contracts. 14,244
OhioCare Start-up Fund Name Change 14,246
The name of the Department of Human Services' OhioCare 14,248
Start-up Fund (3P7) is hereby changed to the Medicaid Program 14,249
Support Fund-Federal.
Rural Medicaid Managed Care Pilot Programs 14,251
The Director of Human Services may contract with one or 14,253
more organizations to develop and/or implement Medicaid Managed 14,254
Care Pilot Programs in rural sections of Ohio. 14,255
Medicaid Managed Care Reimbursement Study Committee 14,257
The Medicaid Managed Care Reimbursement Study Committee 14,259
shall meet by August 1, 1997, to begin reviewing the 14,260
appropriateness of the negotiated Medicaid reimbursement rates 14,261
paid to managed care organizations for services provided to 14,262
Medicaid recipients in fiscal year 1998. By November 1, 1997, 14,263
the Committee must report its findings and/or recommendations 14,264
concerning the fiscal year 1998 rates to the Governor, the 14,265
Speaker of the House of Representatives, and the President of the 14,266
Senate.
Medicaid Managed Care for Individuals with MR/DD 14,268
In preparing the budget for medical assistance for state 14,270
fiscal years 2000 and 2001, as it pertains to services provided 14,271
to individuals with mental retardation and developmental 14,272
324
disabilities, the Office of Budget and Management and the 14,273
Department of Human Services shall review the results of any 14,274
study regarding the use of a managed care system that is prepared 14,276
and submitted to it by the Hattie Larlham Foundation, the Ohio
Department of Mental Retardation and Developmental Disabilities 14,277
Action Committee, the Ohio Private Residential Association, the 14,278
Ohio Coalition for Services to Persons with Mental Retardation 14,279
and Developmental Disabilities, or any other entity. 14,280
Transfer Lapsed Funds in Fund 4A6 to GRF 14,282
The Department of Human Services shall certify the cash 14,284
balance of Fund 4A6 to the Director of Budget and Management who 14,285
shall transfer the remaining unexpended, unobligated balance in 14,286
Fund 4A6 to the General Revenue Fund.
Holding Account Redistribution Group 14,288
The foregoing appropriation items 400-643 and 400-644, 14,290
Holding Account Redistribution Fund Group, shall be used to hold 14,291
revenues until they are directed to the appropriate accounts or 14,292
until they are refunded. If it is determined that additional 14,293
appropriation authority is necessary, such amounts are hereby 14,294
appropriated.
Agency Fund Group 14,296
The foregoing appropriation items 400-646, 400-601, and 14,298
400-642, Agency Fund Group, shall be used to hold revenues until 14,299
they are directed to the appropriate accounts or until they are 14,300
directed to the appropriate governmental agency other than the 14,301
Department of Human Services. If it is determined that
additional appropriation authority is necessary, such amounts are 14,302
hereby appropriated. 14,303
State Special Revenue Fund Group 14,305
The foregoing appropriation items that appear in the 14,307
Department of Human Services' State Special Revenue Fund Group 14,308
shall be used to collect revenue from various sources and use the 14,309
revenue to support programs administered by the Department of 14,310
Human Services. If it is determined that additional
325
appropriations are necessary, the department shall notify the 14,311
Director of Budget and Management on forms prescribed by the 14,313
Controlling Board. If the director agrees that the additional 14,314
appropriation is necessary in order to perform the functions
allowable in the appropriation item then such amounts are hereby 14,315
appropriated. The Director of Budget and Management shall notify 14,316
the Controlling Board at their next regularly scheduled meeting 14,317
as to the action taken."
Section 6. That existing Section 67.05 of Am. Sub. H.B. 14,319
215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of 14,320
the 122nd General Assembly, is hereby repealed. 14,321
Section 7. That Sections 50, 50.07, 50.09, 50.10, 50.12, 14,323
50.13, 50.14, 50.24, and 50.52.10 of Am. Sub. H.B. 215 of the 14,324
122nd General Assembly, as amended by Am. Sub. H.B. 650 of the 14,325
122nd General Assembly, be amended to read as follows: 14,327
"Sec. 50. EDU DEPARTMENT OF EDUCATION 14,332
General Revenue Fund 14,334
GRF 200-100 Personal Services $ 10,744,925 $ 10,756,210 14,339
11,256,210 14,340
GRF 200-200 Maintenance $ 8,691,111 $ 4,597,207 14,344
3,991,111 6,797,207 14,345
GRF 200-300 Equipment $ 117,449 $ 116,773 14,349
2,116,773 14,350
GRF 200-405 Primary and Secondary 14,352
Education Funding $ 0 $ 0 14,354
GRF 200-406 Head Start $ 83,739,058 $ 92,562,977 14,358
GRF 200-408 Public Preschool $ 17,468,094 $ 17,904,796 14,362
GRF 200-410 Professional 14,364
Development $ 0 $ 29,649,944 14,366
GRF 200-411 Family and Children 14,368
First $ 8,500,500 $ 10,642,188 14,370
GRF 200-412 Driver Education 14,372
Administration $ 143,429 $ 142,605 14,374
GRF 200-415 Consumer Education $ 500,000 $ 500,000 14,378
326
GRF 200-416 Vocational Education 14,380
Match $ 2,245,026 $ 2,248,664 14,382
GRF 200-417 Professional 14,384
Development $ 14,370,077 $ 0 14,386
GRF 200-422 School Management 14,388
Assistance $ 800,596 $ 841,563 14,390
GRF 200-423 Teacher Recruitment $ 1,289,067 $ 0 14,394
GRF 200-424 Simulation System $ 449,796 $ 447,210 14,398
GRF 200-426 Ohio Educational 14,400
Computer Network $ 21,698,858 $ 22,228,079 14,402
GRF 200-429 Local Professional 14,404
Development Block
Grants $ 9,259,713 $ 0 14,406
GRF 200-431 School Improvement 14,408
Models $ 16,450,000 $ 11,525,000 14,410
GRF 200-432 School Conflict 14,412
Management $ 392,575 $ 402,390 14,414
GRF 200-437 Student Proficiency $ 10,555,476 $ 11,798,788 14,418
GRF 200-441 American Sign 14,420
Language $ 226,245 $ 226,245 14,422
GRF 200-442 Child Care Licensing $ 1,359,171 $ 1,438,172 14,426
GRF 200-446 Education Management 14,428
Information System $ 12,060,657 $ 10,299,674 14,430
GRF 200-447 GED Testing/Adult 14,432
High School $ 1,939,001 $ 1,987,475 14,434
GRF 200-455 Charter Schools $ 1,200,000 $ 2,300,000 14,438
GRF 200-500 School Finance Equity $ 109,405,982 $ 66,957,250 14,442
GRF 200-501 Base Cost Funding $2,202,851,688 $2,986,915,811 14,446
GRF 200-502 Pupil Transportation $ 179,702,987 $ 231,595,463 14,450
GRF 200-503 Bus Purchase 14,452
Allowance $ 36,365,821 $ 37,274,967 14,454
GRF 200-504 Special Education $ 556,029,126 $ 0 14,458
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 14,462
GRF 200-507 Vocational Education $ 317,612,847 $ 0 14,466
327
GRF 200-509 Adult Literacy 14,468
Education $ 8,928,273 $ 9,151,480 14,470
GRF 200-511 Auxiliary Services $ 95,956,267 $ 101,617,687 14,474
GRF 200-512 Driver Education $ 6,026,070 $ 6,206,852 14,478
GRF 200-514 Post-Secondary/Adult 14,480
Vocational Education $ 20,695,861 $ 20,695,861 14,482
GRF 200-520 Disadvantaged Pupil 14,484
Impact Aid $ 277,205,650 $ 386,618,741 14,486
GRF 200-521 Gifted Pupil Program $ 34,383,349 $ 36,326,043 14,490
GRF 200-524 Educational 14,492
Excellence and
Competency $ 9,528,000 $ 9,168,000 14,494
GRF 200-526 Vocational Education 14,496
Equipment Replacement $ 4,941,622 $ 0 14,498
GRF 200-532 Nonpublic 14,500
Administrative Cost
Reimbursement $ 41,829,125 $ 44,297,043 14,502
GRF 200-533 School-Age Child Care $ 1,046,647 $ 1,046,647 14,506
GRF 200-534 Desegregation Costs $ 50,400,000 $ 50,400,000 14,510
GRF 200-540 Special Education 14,512
Enhancements $ 0 $ 136,286,490 14,515
GRF 200-541 Peer Review $ 1,840,000 $ 0 14,519
GRF 200-542 National Board 14,521
Certification $ 1,600,000 $ 0 14,523
GRF 200-543 Entry Year Program $ 2,396,205 $ 0 14,527
GRF 200-544 Individual Career 14,529
Plan & Passport $ 5,708,968 $ 0 14,531
GRF 200-545 Vocational Education 14,533
Enhancements $ 0 $ 184,298,314 14,536
201,991,432 14,537
GRF 200-546 Charge-Off Supplement $ 0 $ 11,000,000 14,540
GRF 200-547 Power Equalization $ 0 $ 12,500,000 14,543
GRF 200-551 Reading Improvement $ 1,666,133 $ 1,666,133 14,547
GRF 200-552 County MR/DD Boards 14,549
328
Vehicle Purchases $ 1,551,774 $ 1,590,569 14,551
GRF 200-553 County MR/DD Boards 14,553
Transportation
Operating $ 6,611,623 $ 6,876,088 14,555
GRF 200-558 Emergency Loan 14,558
Interest Subsidy $ 0 $ 8,490,374 14,560
GRF 200-577 Preschool Special 14,562
Education $ 62,268,535 $ 0 14,564
GRF 200-589 Special Education 14,566
Aides $ 1,635,157 $ 0 14,568
GRF 200-901 Property Tax 14,570
Allocation -
Education $ 566,800,000 $ 600,800,000 14,572
GRF 200-906 Tangible Tax 14,574
Exemption - Education $ 61,320,000 $ 63,210,000 14,576
TOTAL GRF General Revenue Fund $4,899,958,534 $5,257,055,773 14,579
4,895,258,534 5,279,448,891 14,580
General Services Fund Group 14,583
4D1 200-602 Ohio 14,586
Prevention/Education
Resource Center $ 277,560 $ 285,332 14,588
138 200-606 Computer Services $ 4,036,728 $ 4,143,201 14,592
452 200-638 Fees and Gifts $ 1,788,862 $ 1,838,335 14,596
596 200-656 Ohio Career 14,598
Information System $ 647,156 $ 660,812 14,600
4P1 200-629 Adult Literacy 14,602
Education $ 2,364,400 $ 2,430,603 14,604
4L2 200-681 Teacher Certification 14,606
and Licensure $ 3,580,741 $ 3,675,311 14,608
TOTAL GSF General Services 14,609
Fund Group $ 12,695,447 $ 13,033,594 14,612
Federal Special Revenue Fund Group 14,615
309 200-601 Educationally 14,618
Disadvantaged $ 12,486,104 $ 12,904,245 14,620
329
366 200-604 Adult Basic Education $ 16,300,000 $ 18,000,000 14,624
3H9 200-605 Head Start 14,626
Collaboration Project $ 200,000 $ 200,000 14,628
367 200-607 School Food Services $ 9,290,000 $ 10,160,000 14,632
368 200-614 Veterans' Training $ 565,232 $ 593,493 14,636
369 200-616 Vocational Education $ 10,556,971 $ 10,787,320 14,640
3L6 200-617 Federal School Lunch $ 159,570,000 $ 167,550,000 14,644
3L7 200-618 Federal School 14,646
Breakfast $ 29,818,000 $ 31,607,000 14,648
3L8 200-619 Child and Adult Care 14,650
Programs $ 58,600,000 $ 59,800,000 14,652
3L9 200-621 Vocational Education 14,654
Basic Grant $ 54,122,121 $ 54,122,121 14,656
3M0 200-623 ESEA Chapter One $ 356,669,568 $ 374,503,047 14,660
370 200-624 Education of All 14,662
Handicapped Children $ 12,902,838 $ 12,902,838 14,664
3N7 200-627 School-to-Work $ 18,000,000 $ 13,500,000 14,668
371 200-631 EEO Title IV $ 364,655 $ 377,850 14,671
372 200-635 Federal Driver 14,673
Education Projects $ 84,500 $ 84,500 14,675
373 200-642 Pupil Transportation 14,677
Safety Project $ 81,000 $ 81,000 14,679
374 200-647 E.S.E.A. Consolidated 14,681
Grants $ 260,301 $ 265,624 14,683
375 200-652 Technical Assistance 14,685
for Educational
Mobility $ 216,720 $ 227,556 14,687
376 200-653 J.T.P.A. $ 5,000,000 $ 5,034,523 14,691
3R3 200-654 Goals 2000 $ 19,789,214 $ 22,000,000 14,695
377 200-657 Sex Equity $ 125,685 $ 131,969 14,699
378 200-660 Math/Science 14,701
Technology
Investments $ 10,802,634 $ 12,000,000 14,703
3D1 200-664 Drug Free Schools $ 17,410,259 $ 19,500,000 14,707
330
3D2 200-667 Honors Scholarship 14,709
Program $ 1,231,979 $ 1,231,979 14,711
3E2 200-668 AIDS Education 14,713
Project $ 718,734 $ 620,775 14,715
3M1 200-678 ESEA Chapter Two $ 13,478,447 $ 14,152,369 14,719
3M2 200-680 Ind W/Disab Education 14,721
Act $ 91,825,830 $ 91,825,830 14,723
TOTAL FED Federal Special 14,724
Revenue Fund Group $ 900,470,792 $ 934,164,039 14,727
State Special Revenue Fund Group 14,730
454 200-610 Guidance and Testing $ 490,662 $ 503,912 14,735
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 14,739
4V7 200-633 Interagency 14,741
Vocational Support $ 514,000 $ 528,392 14,743
5F8 200-645 Textbooks/Instructional 14,744
Materials $ 25,000,000 $ 25,000,000 14,747
598 200-659 Auxiliary Services 14,749
Mobile Units $ 1,224,444 $ 1,258,728 14,751
5H3 200-687 School District 14,753
Solvency Assistance $ 0 $ 30,000,000 14,755
4R7 200-695 Indirect Cost 14,757
Recovery $ 1,357,434 $ 1,393,146 14,759
TOTAL SSR State Special Revenue 14,760
Fund Group $ 36,586,540 $ 66,684,178 14,763
Lottery Profits Education Fund Group 14,766
017 200-682 Lease Rental Payment 14,769
Reimbursement $ 21,105,000 $ 32,780,000 14,771
017 200-610 Base Cost Funding $ 0 $ 666,093,028 14,775
017 200-670 School Foundation - 14,777
Basic Allowance $ 584,137,200 $ 0 14,779
017 200-671 Special Education $ 44,000,000 $ 0 14,783
017 200-672 Vocational Education $ 30,000,000 $ 0 14,787
017 200-673 Primary and Secondary 14,789
Lottery Funding $ 0 $ 0 14,791
331
017 200-694 Bus Purchase One Time 14,793
Supplement $ 10,000,000 $ 0 14,795
018 200-669 Judgment Loan $ 5,650,000 $ 0 14,803
Total 017 and 018 14,804
LPE Lottery Profits Education 14,805
Fund Group $ 694,892,200 $ 698,873,028 14,808
Education Improvement Fund 14,811
006 200-689 Hazardous Waste 14,814
Removal $ 1,500,000 $ 1,443,401 14,816
TOTAL Education Improvement Fund $ 1,500,000 $ 1,443,401 14,819
TOTAL ALL BUDGET FUND GROUPS $6,546,103,513 $6,969,810,612 14,822
6,541,403,513 6,992,203,730 14,823
Professional Development 14,826
Of the foregoing appropriation item 200-410, Professional 14,828
Development, $5,997,829 shall be used by the Department of 14,829
Education to develop a statewide comprehensive system of twelve 14,831
professional development centers that support local educators' 14,833
ability to foster academic achievement in the students they
serve. The centers shall include training teachers on site-based 14,835
management concepts to encourage teachers to become involved in 14,836
the management of their schools. Each fiscal year, up to 14,837
$450,000 of the appropriation item shall be used to continue Ohio 14,838
leadership academies to develop and train superintendents, 14,839
principals, other administrators, and board members in new
leadership and management practices to support high performance 14,840
schools. This training shall be coordinated with other locally 14,841
administered leadership programs. 14,842
Of the foregoing appropriation item 200-410, Professional 14,844
Development, $50,000 each year shall be distributed to the Ohio 14,846
Geographical Alliance at such time as matching funds are provided 14,847
by the National Geographical Society. These moneys shall be used 14,849
by the Ohio Geographical Alliance to provide inservice geography 14,851
training to Ohio public school teachers. 14,852
Of the foregoing appropriation item 200-410, Professional 14,854
332
Development, $75,000 in each fiscal year shall be distributed by 14,856
the Department of Education to the Ohio University Leadership 14,858
Project.
Of the foregoing appropriation item 200-410, Professional 14,860
Development, up to $500,000 each year shall be used by the 14,862
Department of Education to work with school districts in 14,863
coordinating and improving the training and performance of 14,865
classroom teachers.
Of the foregoing appropriation item 200-410, Professional 14,867
Development, $25,000 in each fiscal year shall be used by the 14,869
Lake County Educational Service Center and $25,000 in each fiscal 14,871
year shall be used by the Geauga County Educational Service 14,872
Center. Both projects shall be used for professional teacher 14,874
development of innovative teaching practices in science and math.
Of the foregoing appropriation item 200-410, Professional 14,876
Development, $500,000 in each fiscal year shall be used by the 14,878
Rural Appalachian Initiative to create professional development 14,879
academies for teachers, principals, and superintendents in the 14,881
Appalachian region.
Of the foregoing appropriation item 200-410, Professional 14,883
Development, up to $1,800,000 in fiscal year 1999 shall be used 14,885
by the Department of Education in cooperation with the Regional 14,886
Professional Development Centers to train mentor teachers and 14,888
provide stipends of $1,500 per year to each mentor teacher to 14,889
assist in the professional development of beginning teachers. 14,890
Of the foregoing appropriation item 200-410, Professional 14,892
Development, up to $1,000,000 in fiscal year 1999 shall be used 14,893
by the Department of Education in cooperation with the Regional 14,895
Professional Development Centers to train teacher assessors and 14,897
provide stipends of $2,500 per year to each teacher assessor to 14,898
assist in the evaluation of the classroom performance of 14,899
beginning teachers. 14,900
Of the foregoing appropriation item 200-410, Professional 14,902
Development, $1,321,292 shall be used by the Department of 14,903
333
Education to establish programs targeted at recruiting 14,904
under-represented populations into the teaching profession. In 14,905
each year, the appropriation item shall be used by the department 14,906
to include, but not be limited to, alternative teacher licensure 14,907
or certification programs emphasizing the recruitment of highly 14,909
qualified minority candidates into teaching, including
emphasizing the recruitment of highly qualified minority 14,910
candidates into teaching positions in schools which have a high 14,911
percentage of minority students. The recruitment programs shall 14,913
also target recruiting qualified candidates available as a result
of downsizing of the military and business sectors. Funding 14,914
shall also be targeted to statewide, regional, and local programs 14,915
that are competitively selected as promising programs 14,916
demonstrating the potential of significantly increasing Ohio's 14,917
minority teaching force.
Of the foregoing appropriation item 200-410, Professional 14,919
Development, $500,000 in each fiscal year shall be used to 14,921
establish or enhance alternative disciplinary schools by 14,922
providing grants of $100,000 annually to each of the following 14,924
programs: Wood County Alternative School Program, Interval 14,925
Opportunity School in Summit County, Portage County Opportunity 14,927
School in Ravenna, Auglaize County Alternative School Program, 14,929
and Licking County Alternative School Program. Such pilot 14,931
programs shall encourage collaborative relationships with
juvenile courts and other agencies to develop effective teaching 14,932
and learning programs.
Of the foregoing appropriation item 200-410, Professional 14,934
Development, $200,000 in each fiscal year shall be provided to 14,936
the Stark County Schools Teacher Technical Training Center. 14,938
Of the foregoing appropriation item 200-410, Professional 14,940
Development, $9,659,713 shall be distributed on a per teacher 14,941
basis to all school districts, joint vocational school districts, 14,943
and chartered nonpublic schools for locally developed teacher
training and professional development and for the establishment 14,945
334
of local professional development committees. School districts 14,946
and joint vocational school districts shall not be precluded from 14,947
using these funds for cooperative activities on a county or 14,948
regional basis.
Of the foregoing appropriation item 200-410, Professional 14,950
Development, $2,875,000 shall be used by the Department of 14,951
Education to develop a peer review program for teachers, to 14,952
provide training, and to implement the peer review program in 14,953
school districts on a pilot basis in fiscal year 1998. Funds for 14,954
fiscal year 1999 shall be awarded on a competitive basis to 14,955
school districts wishing to implement peer review programs. In 14,956
each fiscal year, $640,000 shall be distributed to the Regional 14,957
Professional Development Centers to provide training for mentor 14,958
teachers and for leadership teams from districts implementing 14,959
peer review programs. 14,960
Of the foregoing appropriation item 200-410, Professional 14,962
Development, $125,000 in each fiscal year shall be used by the 14,963
Rural Appalachian Initiative to develop a peer review and 14,965
coaching model whereby teachers coach one another. In addition, 14,966
the funds shall be used to train and provide stipends for teacher
coaches and mentors, and to develop training modules for 14,967
professional improvement through establishing and attaining 14,968
goals.
Of the foregoing appropriation item 200-410, Professional 14,970
Development, $1,650,000 shall be used by the Department of 14,972
Education to pay the application fee for teachers from public and 14,974
chartered nonpublic schools applying to the National Board for 14,975
Professional Teaching Standards for professional teaching 14,978
certificates or licenses that the board offers, and to provide 14,979
grants in each fiscal year to recognize and reward teachers who 14,980
become certified by the board pursuant to section 3319.55 of the
Revised Code. 14,981
In each fiscal year, the appropriation item shall be used 14,983
to pay for the first 400 applications received by the department. 14,985
335
Each prospective applicant for certification or licensure shall 14,986
submit an application to the Department of Education. When the 14,987
department has collected a group of applications, but no later
than 30 days after receipt of the first application in a group, 14,988
it shall send the applications to the National Board for 14,989
Professional Teaching Standards along with a check to cover the 14,991
cost of the application fee for all applicants in that group. 14,992
Of the foregoing appropriation item 200-410, Professional 14,994
Development, up to $300,000 shall be used each fiscal year by the 14,995
Department of Education to support the connection of teacher 14,996
applicants to university programs that enhance applicant learning 14,998
and professional development during the National Board 14,999
Certification process.
Of the foregoing appropriation item 200-410, Professional 15,001
Development, $2,456,110 shall be used by the Department of 15,003
Education to expand the pilot residency programs established 15,004
pursuant to provisions of Am. Sub. H.B. 152 of the 120th General 15,006
Assembly.
The Department of Education shall select eligible beginning 15,009
teachers to participate in a year-long entry year program which 15,010
provides for guidance and coaching by experienced school district 15,011
and university faculty and regular teacher performance 15,012
assessment. The program is designed to assess each beginning 15,013
teacher with the Education Testing Service's Praxis III 15,014
examination. These funds shall be used to support the 15,015
supervisory, teaching, and assessment services associated with 15,016
the pilot residency program in urban, suburban, and rural sites. 15,017
Sec. 50.07. Potential Value Recomputation 15,022
(A) Notwithstanding division (A)(2) of section 3317.022 of 15,024
the Revised Code in fiscal year 1999 the Department of Education 15,026
shall first calculate all state basic aid payments to school 15,027
districts required under Chapter 3317. of the Revised Code and 15,028
other sections of Am. Sub. H.B. 215 and Am. Sub. H.B. 650 of the 15,029
122nd General Assembly under which payments are made from 15,031
336
appropriation items 200-501, School Foundation Basic Allowance 15,033
BASE COST FUNDING, and 200-670, School Foundation Basic Allowance 15,035
BASE COST FUNDING, as if such division had not been enacted. 15,036
Such calculated amounts shall be paid to school districts in 15,037
accordance with section 3317.01 of the Revised Code and Am. Sub. 15,039
H.B. 650 of the 122nd General Assembly. 15,040
(B) After the calculation required by division (A) of this 15,042
section, the department shall recalculate all state basic aid 15,043
payments to school districts required under Chapter 3317. of the 15,044
Revised Code and other sections of Am. Sub. H.B. 215 and Am. Sub. 15,045
H.B. 650 of the 122nd General Assembly, utilizing in such 15,046
recalculation the provisions of division (A)(2) of section 15,047
3317.022 of the Revised Code. From the additional available 15,048
money, the department shall pay each district an amount equal to 15,049
the difference between its calculated amount of basic aid under 15,050
division (A) of this section and its recalculated amount under 15,052
this division. If there is not enough additional money to pay 15,053
such amounts to all school districts, the department shall pay 15,054
each district a percentage of such amount equal to the percentage 15,055
the total amount of additional available money represents of the 15,056
total amount of money that would be necessary to make the 15,057
payments prescribed under this division to all districts. 15,058
Sec. 50.09. Adult Literacy Education 15,063
The foregoing appropriation item 200-509, Adult Literacy 15,065
Education, shall be used to support Adult Basic and Literacy 15,066
Education instructional programs, the State Literacy Resource 15,067
Center program, and the State Advisory Council on Adult Education 15,068
and Literacy. 15,069
Of the foregoing appropriation item 200-509, Adult Literacy 15,072
Education, up to $410,000 in fiscal year 1998 and $512,500 in 15,073
fiscal year 1999 shall be used to satisfy state match 15,074
requirements for the support and operation of the State Literacy 15,075
Resource Center and the State Advisory Council on Adult Education 15,076
and Literacy.
337
Of the foregoing appropriation item 200-509, Adult Literacy 15,079
Education, up to $50,000 in each fiscal year shall be used to 15,080
provide funds to literacy councils that have not previously 15,081
received funding. Each of these councils, in order to receive 15,082
funds, shall have its plan of service approved by the local 15,083
Family and Children First council.
The remainder shall be used to continue to satisfy the 15,085
state match requirement for the support and operation of the Ohio 15,086
Department of Education administered instructional grant program 15,087
for Adult Basic and Literacy Education in accordance with the 15,088
department's state plan for Adult Basic and Literacy Education as 15,089
approved by the State Board of Education and the Secretary of the 15,090
United States Department of Education. 15,091
Auxiliary Services 15,093
The foregoing appropriation item 200-511, Auxiliary 15,095
Services, shall be used by the State Board of Education for the 15,096
purpose of implementing section 3317.06 of the Revised Code. Of 15,097
the appropriation, up to $1,000,000 in each fiscal year of the 15,098
biennium may be used for payment of the Post-Secondary Enrollment 15,099
Options Program for nonpublic students pursuant to section 15,100
3365.10 of the Revised Code. 15,101
Driver Education 15,103
The foregoing appropriation item 200-512, Driver Education, 15,105
shall be used by the State Board of Education for subsidizing 15,106
driver education courses for which the State Board of Education 15,107
prescribes minimum standards pursuant to section 3301.07 of the 15,108
Revised Code and courses for students released by high school 15,109
principals to attend commercial driver training schools licensed 15,110
under Chapter 4508. of the Revised Code. 15,111
Post-Secondary/Adult Vocational Education 15,113
The foregoing appropriation item 200-514, 15,115
Post-Secondary/Adult Vocational Education, shall be used by the 15,116
State Board of Education to provide post-secondary/adult 15,117
vocational education pursuant to sections 3313.52 and 3313.53 of 15,118
338
the Revised Code. 15,119
Of the foregoing appropriation item 200-514, 15,121
Post-Secondary/Adult Vocational Education, up to $500,000 in each 15,123
fiscal year shall be allocated for the Ohio Career Information 15,124
System (OCIS) and used for the dissemination of career 15,125
information data to public schools, libraries, rehabilitation 15,126
centers, two- and four-year colleges and universities, and other 15,127
governmental units. 15,128
Of the foregoing appropriation item 200-514, 15,130
Post-Secondary/Adult Vocational Education, up to $30,000 in each 15,131
fiscal year shall be used for the statewide coordination of the 15,132
activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid 15,134
The foregoing appropriation item 200-520, Disadvantaged 15,136
Pupil Impact Aid, shall be distributed to school districts 15,137
according to the provisions of section 3317.029 of the Revised 15,139
Code. However, no money shall be distributed for all-day 15,141
kindergarten to any school district whose three-year average 15,142
formula ADM exceeds 17,500 but whose DPIA index is not at least 15,143
equal to 1.00, unless the Department of Education certifies that 15,144
sufficient funds exist in this appropriation to make all other 15,146
payments required by section 3317.029 of the Revised Code. 15,147
Annually, $1,450,000 shall be used by the Department of 15,149
Education to provide state matching funds to implement the 15,150
federal building based Effective School Program. 15,151
Of the foregoing appropriation item 200-520, Disadvantaged 15,153
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 15,154
shall be used for school breakfast programs. Of the $3,000,000, 15,155
UP TO $500,000 shall be used each year by the Department of 15,157
Education to provide start-up grants to rural school districts 15,158
that start school breakfast programs. The remainder of the 15,159
$3,000,000 shall be used to: (1) partially reimburse school 15,160
buildings within school districts that are required to have a
school breakfast program pursuant to section 3313.813 of the 15,161
339
Revised Code, at a rate decided upon by the department, for each 15,162
breakfast served to any pupil enrolled in the district; (2) 15,163
partially reimburse districts participating in the National 15,164
School Lunch Program that have at least 20 per cent of students
who are eligible for free and reduced meals according to federal 15,165
standards, at a rate decided upon by the department; and (3) to 15,166
partially reimburse districts participating in the National 15,167
School Lunch Program for breakfast served to children eligible 15,168
for free and reduced meals enrolled in the district, at a rate 15,169
decided upon by the department.
Of the portion of the funds distributed to the Cleveland 15,171
City School District under section 3317.029 of the Revised Code 15,172
calculated under division (F)(2) of that section, up to 15,173
$8,700,000 in fiscal year 1999 shall be used to operate the pilot 15,174
school choice program in the Cleveland City School District 15,175
pursuant to sections 3313.974 to 3313.979 of the Revised Code. 15,176
Of the foregoing appropriation item 200-520, Disadvantaged 15,178
Pupil Impact Aid, $8,750,000 in fiscal year 1999 shall be used 15,180
for competitive discipline intervention grants for the 21 urban
school districts as defined in division (O) of section 3317.02 of 15,182
the Revised Code as it existed prior to July 1, 1998. The grants 15,183
shall be administered by the Ohio Department of Education and 15,184
designed to reduce problems with student attendance, truancy, 15,185
dropouts, and discipline.
Of the foregoing appropriation item 200-520, Disadvantaged 15,187
Pupil Impact Aid, $250,000 in fiscal year 1999 shall be 15,188
distributed to the Franklin County Educational Council to provide 15,189
a cross district alternative learning environment for students 15,190
with alternative learning requirements, in collaboration with 15,191
member districts and community services. 15,192
Of the foregoing appropriation item 200-520, Disadvantaged 15,194
Pupil Impact Aid, $900,000 each year shall be used to support 15,195
dropout recovery programs administered by the Ohio Department of 15,196
Education, Jobs for Ohio's Graduates program. 15,197
340
Of the foregoing appropriation item 200-520, Disadvantaged 15,199
Pupil Impact Aid, up to $1,000,000 in each year of the biennium 15,200
shall be used to fund grants to improve reading performance, 15,201
using programs such as Failure Free Reading, Slavin's Success for 15,202
All, and other programs that have a demonstrated record of 15,203
improving reading comprehension. The grants shall be made by the
Department of Education to 20 schools in which at least 50 per 15,204
cent of fourth grade students failed to pass at least four parts 15,205
of the fourth grade proficiency test. The grants shall be made 15,206
in the amount of $50,000 for each school. 15,207
Of the foregoing appropriation item 200-520, Disadvantaged 15,209
Pupil Impact Aid, the Department shall distribute $75,000 in each 15,210
fiscal year to the Collinwood Community Center to continue 15,211
outreach work on the Parents' Pledge of Responsibility in the 15,212
Cleveland City School District. This distribution shall come 15,213
from the Cleveland City School District's Disadvantaged Pupil 15,214
Impact Aid. 15,215
Of the foregoing appropriation item 200-520, Disadvantaged 15,218
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 15,219
used by the Department of Education to encourage school districts 15,220
to set high academic standards and provide a helping hand for 15,221
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 15,223
conducted for students who have been enrolled in the fourth and 15,224
sixth grades, whether district-wide, in several school buildings 15,225
or within a cluster of school buildings, that addresses the needs 15,227
of students who did not pass at least three of the five parts of 15,228
either the fourth-grade or sixth-grade proficiency test, that is 15,229
of at least six weeks' duration, and that provides an innovative, 15,230
enriching educational experience. The department shall use the 15,231
funds indicated in this paragraph to make grants to those school 15,232
districts that conduct such Summer Proficiency Academies and that 15,233
have valuation per pupil less than 150 per cent of the statewide 15,234
average valuation per pupil, to defray 75 per cent of the costs 15,235
341
of conducting such academies. The amount of each grant shall not 15,236
exceed $150,000 and each school district shall be eligible for up 15,237
to four grants in each fiscal year. Grants shall be made to 15,238
school districts based on the percentage of students failing 15,239
three or more tests, with first priority given to districts with 15,240
the highest failure rates. As used in this paragraph, "valuation 15,241
per pupil" has the same meaning as in division (A)(4) of section 15,243
3317.0212 of the Revised Code as it existed prior to July 1, 15,244
1998.
Sec. 50.10. Gifted Pupil Program 15,249
The foregoing appropriation item 200-521, Gifted Pupil 15,251
Program, shall be used for gifted education units not to exceed 15,252
927 in fiscal year 1998 and 950 in fiscal year 1999. Up to 15,253
$70,000 per year shall be used for the operation and support of 15,255
the Ohio Summer School for the Gifted. Up to $600,000 per year 15,256
shall be used for research and demonstration projects. 15,257
Notwithstanding the prohibition in section 3317.05 of the 15,259
Revised Code that the State Board of Education annually approve 15,260
for school districts and educational service centers no more than 15,261
the number of gifted education units for which it determines 15,263
appropriations have been made and notwithstanding the amounts 15,264
required to be annually paid to school districts and educational 15,265
service centers for approved gifted education units under 15,266
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 15,267
3317.162 of the Revised Code, if the foregoing appropriation item 15,269
is not sufficient to fund the maximum allowable number of funded 15,270
gifted education units in fiscal year 1999 in accordance with 15,272
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 15,273
3317.162 of the Revised Code, the State Board of Education may 15,274
approve up to the maximum allowable number of funded gifted 15,275
education units in each fiscal year of the biennium and, in lieu 15,276
of the amounts required to be paid for approved units under 15,277
division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 15,279
3317.162 of the Revised Code, shall proportionately reduce those 15,280
342
amounts so that the total amount the State Board and educational 15,281
service centers pays to school districts for all approved units 15,282
does not exceed the amount of funds available in the foregoing 15,283
appropriation item for such units. During the course of each 15,284
fiscal year, the State Board may alter its determination of any 15,285
reduction under this section for that fiscal year. 15,286
Of the foregoing appropriation item 200-521, Gifted Pupil 15,288
Program, the Department of Education shall be authorized to 15,289
expend up to $1,000,000 each year for the Summer Honors Institute 15,290
for gifted freshmen and sophomore high school students. 15,291
Of the foregoing appropriation item 200-521, Gifted Pupil 15,293
Program, up to $200,000 each year shall be used for the W.E.B. 15,295
DuBois Talented Tenth Teacher Training Academy. The program will 15,296
provide a summer honors program to promising minority students 15,297
identified by their school districts as potential future 15,298
teachers, pursuant to section 3313.608 of the Revised Code. 15,299
Sec. 50.12. Educational Excellence and Competency 15,304
Of the foregoing appropriation item 200-524, Educational 15,306
Excellence and Competency, up to $35,000 in each year of the 15,307
biennium shall be reserved for the Ohio Science Olympiad and up 15,308
to $35,000 in each year of the biennium shall be reserved for the 15,309
International Science and Engineering Fair. In each year of the 15,310
biennium, $250,000 shall be reserved for a Math and Science 15,311
Initiative to enhance math and science education for elementary 15,312
students in a county-wide collaborative. 15,313
The Department of Education shall distribute $100,000 in 15,315
fiscal year 1998 and $150,000 in fiscal year 1999 to the 15,316
Christopher Project. The department shall distribute $120,000 in 15,317
each fiscal year to the Regional District/University Consortium 15,318
to Validate At-Risk Programs for Rural School Districts. The 15,319
Department shall distribute $75,000 in each fiscal year to the 15,320
Cincinnati Artworks Project. In fiscal year 1998, $100,000 shall 15,321
be used for the Fairborn Community Vision and $300,000 in fiscal 15,322
year 1998 and $100,000 in fiscal year 1999 shall be used for 15,323
343
Ledgemont Education Excellency. In addition, the department
shall distribute $275,000 in each fiscal year to the Summit 15,324
County Technology Project. 15,325
In each fiscal year, $300,000 shall be used for a pilot 15,327
project for the integration and implementation of distance 15,328
learning, virtual reality, and computer technology to prepare 15,329
students for careers in industry. Of this amount, $65,000 in 15,330
each fiscal year shall be distributed to the Math, Science and 15,331
Industrial Technology Institute at Kent State University-Trumbull 15,332
Campus for purposes of this pilot project and $235,000 in each 15,333
fiscal year shall be distributed to the Trumbull County 15,334
Educational Service Center for the Industrial Technology Career 15,335
Academy pilot project. In each fiscal year, $140,000 shall be 15,336
used for the Crouse School Readiness Program. 15,337
Of the foregoing appropriation item 200-524, Educational 15,339
Excellence and Competency, $90,000 in fiscal year 1998 shall be 15,340
used for the Cleveland Language pilot program; and $20,000 in 15,341
fiscal year 1998 shall be used for the Columbus Language pilot 15,342
program.
Of the foregoing appropriation item 200-524, Educational 15,345
Excellence and Competency, $850,000 in fiscal year 1998 and 15,346
$850,000 in fiscal year 1999 shall be used to assist local school 15,347
districts in the implementation of financial literacy programs as 15,348
part of the school curriculum in kindergarten through grade six. 15,349
The funds shall be used to purchase financial literacy 15,350
instructional materials, including student books, hands-on 15,351
material, and supporting teacher guides, which promote economic 15,352
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 15,353
literacy curriculum shall also introduce students to the concepts 15,354
of economic interdependence, profit, loss, investment, and supply 15,355
and demand. In fiscal year 1999, each school district shall be 15,356
eligible for one $1,000 grant for each kindergarten through sixth 15,357
grade level in each school building. A school building with five 15,359
344
or more classes per grade level may receive up to $2,000 for that 15,360
grade level.
The remainder of the appropriation shall be used by the 15,362
Department of Education to fund programs for at-risk students 15,363
each year as follows: 15,364
Earn and Learn $1,030,000 15,366
Trumbull County "Make Learning Fun" $75,000 15,367
LEAF $65,000 15,368
Coventry $25,000 15,369
Columbus Youth Corp $50,000 15,370
Montgomery County Summer Math program $215,000 15,371
Columbus City District's "I Know I Can" $645,000 15,372
Dayton-Montgomery County Scholarship 15,373
Program $645,000
Cleveland Scholarship $500,000 15,374
Cleveland Initiative for Education $360,000 15,375
Cincinnati Project Succeed Academy $100,000 15,376
Cincinnati Scholarship Foundation $645,000 15,377
Improved Solutions for Urban Systems 15,378
(ISUS) $100,000
Lorain County Access $150,000 15,379
Amer-I-Can $850,000 15,380
London Learns $100,000 15,381
Project Succeed $1,000,000 15,382
Greater Toledo School-To-Work 15,383
Consortium $100,000
Muskingum Valley Services Center $100,000 15,384
For the Cleveland Initiative in Education program, the 15,387
grant shall support its mentoring and advocacy program. 15,388
Of the foregoing appropriation item 200-524, Educational 15,390
Excellence and Competency, $83,000 in fiscal year 1998 and 15,391
$83,000 in fiscal year 1999 shall be used for the Shaker Heights 15,392
Educational Mobility program. 15,393
Each program or entity that receives funds under the 15,395
345
foregoing appropriation item 200-524, Educational Excellence and 15,397
Competency, shall submit annually to the chairpersons of the 15,398
education committees of the House of Representatives and the 15,399
Senate and to the Department of Education a report that includes 15,400
a description of the services supported by the funds, a 15,401
description of the results achieved by those services, an 15,402
analysis of the effectiveness of the program, and an opinion as 15,403
to the program's applicability to other school districts. No 15,404
funds shall be provided by the Department of Education to a 15,405
district for the fiscal year 1999 until its report for the fiscal 15,407
year 1998 has been submitted.
Nonpublic Administrative Cost Reimbursement 15,409
The foregoing appropriation item 200-532, Nonpublic 15,411
Administrative Cost Reimbursement, shall be used by the State 15,412
Board of Education for the purpose of implementing section 15,413
3317.063 of the Revised Code. 15,414
School-Age Child Care 15,417
Of the foregoing appropriation item 200-533, School-Age 15,419
Child Care, up to $200,000 in each fiscal year shall be used for 15,420
the "Training Ohio's Parents for Success" program. Up to 15,421
$500,000 in each fiscal year shall be used for the "Parents as 15,423
Teachers" program.
Of the foregoing appropriation item 200-533, School-Age 15,425
Child Care, up to $62,500 in each fiscal year shall be used by 15,426
the Cincinnati YWCA for its Home Instruction Program for 15,427
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 15,429
program of child care conducted outside of regular school hours 15,430
for school age children. 15,431
The remainder of the foregoing appropriation item 200-533, 15,433
School-Age Child Care, shall be used by the Department of 15,434
Education to provide grants to city, local, and exempted village 15,435
school districts and educational service centers for school-age 15,436
child care programs. In each fiscal year, the department shall 15,437
346
make grants. All grants shall be awarded by the department on 15,439
the basis of project proposals submitted by school district 15,440
boards of education or educational service center governing
boards. The board of education of each district or governing 15,442
board of each educational service center that receives a grant 15,443
shall keep a record of how the grant is used, and issue a report 15,444
at the end of the school year for which the grant was made 15,445
explaining the goals and objectives determined, the activities 15,446
implemented, and the progress made toward achieving goals and 15,447
objectives.
Desegregation Costs 15,449
The foregoing appropriation item 200-534, Desegregation 15,451
Costs, shall be used to pay desegregation costs. 15,452
(A) Notwithstanding any section of law to the contrary, if 15,455
in each fiscal year, due to federal court order, the Department 15,456
of Education is obligated to pay for desegregation costs in any 15,457
school district, the costs shall be paid from the foregoing 15,458
appropriation item 200-534, Desegregation Costs. 15,459
Of the foregoing appropriation item 200-534, Desegregation 15,461
Costs, up to $900,000 in fiscal year 1998 and up to $1,000,000 in 15,463
fiscal year 1999 may be used to cover the legal fees associated 15,464
with desegregation cases brought against the state. 15,465
OF THE FOREGOING APPROPRIATION ITEM 200-534, DESEGREGATION 15,467
COSTS, IN FISCAL YEAR 1999 ANY UNOBLIGATED BALANCES MAY BE USED 15,468
TO COVER THE LEGAL FEES ASSOCIATED WITH DESEGREGATION CASES 15,469
BROUGHT AGAINST THE STATE. 15,470
By May 1 of each year, the Department of Education will 15,472
determine if the appropriation exceeds the state's obligation for 15,473
desegregation costs. Any appropriations in excess of the state's 15,474
obligation shall be transferred to appropriation item 200-406, 15,475
Head Start, by the Director of Budget and Management. 15,476
(B) As part of managing state desegregation costs, any 15,478
board of education of a school district subject to a federal 15,479
court desegregation order that requires the district board to bus 15,480
347
students for the purpose of racial balance shall, within one year 15,481
of the effective date of Am. Sub. H.B. 215 of the 122nd General 15,482
Assembly:
(1) Update its plan required under Am. Sub. H.B. 298 of 15,484
the 119th General Assembly designed to satisfy the court so as to 15,485
obtain release from the court's desegregation order; and 15,486
(2) Submit an updated copy of the plan to the State Board 15,488
of Education. 15,489
Upon request of the district board, the State Board shall provide 15,492
technical assistance to the school district board in developing a 15,493
plan.
Within ninety days of the date on which the plan is 15,495
submitted to the State Board of Education, the district board, or 15,496
the district board and the State Board of Education jointly if 15,498
both are parties to the desegregation case, shall submit the plan 15,500
to the court and apply for release from the court's desegregation 15,501
order.
Of the foregoing appropriation item 200-534, Desegregation 15,503
Costs, Cleveland City Schools shall receive $40,000,000 in fiscal 15,504
year 1998 and $38,200,000 in fiscal year 1999; Dayton City 15,506
Schools shall receive at least $4,500,000 in each of fiscal year
1998 and fiscal year 1999. 15,507
Of the foregoing appropriation item 200-534, Desegregation 15,510
Costs, $5,000,000 in each fiscal year shall be used by the 15,511
Department of Education to support the Cincinnati Magnet School 15,512
Program.
Sec. 50.13. Special Education Enhancements 15,517
Of the foregoing appropriation item 200-540, Special 15,519
Education Enhancements, up to $42,000,000 shall be used to fund 15,521
up to 894 special education classroom and related services units
at MR/DD boards and institutions. 15,522
Of the foregoing appropriation item 200-540, Special 15,524
Education Enhancements, up to $22,000,000 in each fiscal year 15,526
1998 AND $3,000,000 IN FISCAL YEAR 1999 shall be used for home 15,527
348
instruction and special instructional services for handicapped 15,528
children; up to $2,000,000 may be used in each fiscal year 1998 15,529
for occupational and physical therapy contract services, 15,531
including services provided by physical therapy assistants and 15,532
certified occupational therapy assistants, AND UP TO $500,000 IN 15,534
FISCAL YEAR 1999 MAY BE USED FOR CONTRACTED OCCUPATIONAL AND
PHYSICAL THERAPY SERVICES INCLUDING SERVICES PROVIDED BY PHYSICAL 15,535
THERAPY ASSISTANTS AND CERTIFIED OCCUPATIONAL THERAPY ASSISTANTS 15,536
TO STUDENTS ATTENDING COUNTY BOARDS OF MENTAL RETARDATION AND 15,537
DEVELOPMENTAL DISABILITIES; up to $1,000,000 in fiscal year 1998 15,539
and up to $1,150,000 in fiscal year 1999 shall be used for parent 15,540
mentoring programs; and $100,000 shall be expended in each year 15,541
of the biennium for teacher training; UP TO $2,500,000 MAY BE
USED IN FISCAL YEAR 1999 FOR PSYCHOLOGY INTERNS; AND UP TO 15,542
$4,000,000 MAY BE USED IN FISCAL YEAR 1999 FOR SPECIAL INDIVIDUAL 15,543
INSTRUCTIONAL RELATED SERVICES INCLUDING INTERPRETERS, GUIDES, 15,544
AND READER SERVICES. OF THE FOREGOING APPROPRIATION ITEM 15,545
200-540, SPECIAL EDUCATION ENHANCEMENTS, UP TO $14,000,000 IN 15,547
FISCAL YEAR 1999 SHALL BE USED TO PROVIDE SPEECH SERVICES TO
STUDENTS WHO, PURSUANT TO AN IEP REQUIRE SPEECH SERVICES ONLY. 15,548
THE FUNDS ARE INTENDED TO SUPPLEMENT FUNDS RECEIVED UNDER 15,549
DIVISION (C) OF SECTION 3317.022 OF THE REVISED CODE. THE 15,550
DEPARTMENT OF EDUCATION SHALL ADOPT RULES FOR THE DISTRIBUTION OF 15,552
THE $14,000,000 FOR SPEECH INSTRUCTION SERVICES BASED UPON THE
ADJUSTED TOTAL TAXABLE VALUE OF EACH SCHOOL DISTRICT PURSUANT TO 15,553
SECTION 3317.02 OF THE REVISED CODE. 15,554
Of the foregoing appropriation item 200-540, Special 15,556
Education Enhancements, $1,684,212 in fiscal year 1999 shall be 15,558
used by the Department of Education to assist school districts in 15,559
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of Rule 15,560
3301-51-04 of the Administrative Code. 15,561
Of the foregoing appropriation item 200-540, Special 15,563
Education Enhancements, $67,352,278 shall be distributed by the 15,565
Department of Education to county boards of mental retardation 15,566
349
and developmental disabilities, educational service centers, and 15,567
school districts for preschool special education units and 15,568
preschool supervisory units in accordance with section 3317.161 15,569
of the Revised Code. The department may reimburse county boards 15,570
of mental retardation and developmental disabilities, educational 15,571
service centers, and school districts for related services as 15,572
defined in Rule 3301-01-05 of the Ohio Administrative Code, for 15,573
preschool occupational and physical therapy services provided by 15,574
a physical therapy assistant and certified occupational therapy 15,575
assistant, and for an instructional assistant. To the greatest 15,576
extent possible, the Department of Education shall allocate these 15,577
units to school districts and educational service centers. The 15,578
Controlling Board may approve the transfer of unallocated funds 15,579
from appropriation item 200-501, Base Cost Funding, to 15,580
appropriation item 200-540, Special Education Enhancements, to 15,582
fully fund existing units as necessary or to fully fund 15,583
additional units. The Controlling Board may approve the transfer 15,584
of unallocated funds from appropriation item 200-540, Special 15,586
Education Enhancements, to appropriation item 200-501, Base Cost 15,587
Funding, to fully fund existing units, as necessary, or to fully 15,589
fund additional units.
Sec. 50.14. Vocational Education Enhancements 15,594
Of the foregoing appropriation item 200-545, Vocational 15,596
Education Enhancements, up to $125,000,000 $134,000,000 shall be 15,598
used to fund up to 2,800 3,000 vocational education units, 15,599
INCLUSIVE OF GRADS UNITS, at joint vocational school districts 15,602
and up to $2,300,000 shall be used to fund up to 51 vocational
education units at institutions. Up to $7,500,000 in fiscal year 15,604
1999 may be used for nonvocational units necessary for graduation 15,605
pursuant to section 3317.16 of the Revised Code, up to $6,500,000 15,606
in fiscal year 1999 shall be used for joint vocational school 15,608
equalization pursuant to section 3317.16 of the Revised Code, up 15,609
to $300,000 shall be distributed to the Toledo Technology Academy 15,610
each fiscal year, up to $9,500,000 in fiscal year 1999 shall be 15,611
350
used to fund the Jobs for Ohio Graduates (JOG) program, up to 15,612
$2,205,000 in fiscal year 1999 may be used to support tech prep 15,614
consortia, and up to $7,193,118 in fiscal year 1999 shall be used 15,615
to fund the Graduation, Reality, and Dual Role Skills (GRADS) 15,616
program according to that program's rules, which shall be 15,617
developed by the Superintendent of Public Instruction. Up to 15,618
$3,100,000 $4,600,000 may be used to pay for special education 15,619
classroom and related services units at joint vocational schools. 15,620
Funds for nonvocational units necessary for graduation 15,622
shall be distributed according to rules adopted by the State 15,623
Board of Education. If federal funds for vocational education 15,625
cannot be used for local school district leadership without being 15,626
matched by state funds, then an amount as determined by the
Superintendent of Public Instruction shall be made available from 15,628
state funds appropriated for vocational education. If any state 15,629
funds are used for this purpose, federal funds in an equal amount 15,630
shall be distributed for vocational education in accordance with 15,631
authorization of the state plan for vocational education for Ohio 15,632
as approved by the Secretary of the United States Department of 15,634
Education.
The Legislative Office of Education Oversight shall study 15,637
the various programs designed to serve at-risk high school 15,638
students. Differences and possible overlaps of purposes, goals, 15,639
objectives and strategies among such programs as Jobs for Ohio 15,641
Graduates (JOG), Graduation, Reality, and Dual Role Skills 15,644
(GRADS), Occupational Work Experience (OWE), and Occupational 15,645
Work Adjustment (OWA) will be identified. 15,646
Of the foregoing appropriation item 200-545, Vocational 15,648
Education Enhancements, $100,000 in fiscal year 1998 shall be 15,650
used for the Cuyahoga County Vocational Apprenticeship Program, 15,652
which provides funding for training in the building trades of 15,654
eligible residents of the City of Cleveland. The program 15,655
utilizes new housing development and rehabilitation programs of 15,656
four nonprofit neighborhood development corporations as the focus 15,657
351
of the skills training apprenticeship program. The four 15,658
neighborhood development corporations participating in the 15,659
program are the Glenville Development Corporation, Northeastern 15,661
Neighborhood Development Corporation, Bell, Burton, and Carr 15,662
Development Corporation, and the Buckeye Area Development 15,664
Corporation.
Of the foregoing appropriation item 200-545, Vocational 15,666
Education Enhancements, $5,851,692 in fiscal year 1999 shall be 15,668
used to enable students to develop career plans, to identify 15,669
initial educational and career goals, and to develop a career
passport which provides a clear understanding of the student's 15,670
knowledge, skills, and credentials to present to future 15,671
employers, universities, and other training institutes. 15,672
The amount of $5,851,692 shall be allocated to school 15,674
districts pursuant to guidelines developed by the Department of 15,676
Education for programs described in section 3313.607 of the 15,678
Revised Code for children in the kindergarten through twelfth 15,679
grades. Funds so allocated shall be used for educational 15,680
materials, services, career information, curriculum development,
staff development, mentorships, career exploration, and career 15,681
assessment instruments as needed to develop individualized career 15,682
plans and passports.
Of the foregoing appropriation item 200-545, Vocational 15,684
Education Enhancements, $4,941,622 shall be used to provide an 15,686
amount to each eligible school district for the replacement or
updating of equipment essential for the instruction of students 15,687
in job skills taught as part of a vocational program or programs 15,688
approved for such instruction by the State Board of Education. 15,690
School districts replacing or updating vocational education 15,691
equipment may purchase or lease such equipment. The Department 15,692
of Education shall review and approve all equipment requests and 15,693
may allot appropriated funds to eligible school districts on the 15,695
basis of the number of units of vocational education in all 15,696
eligible districts making application for funds. 15,697
352
The State Board of Education may adopt standards of need 15,700
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 15,702
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 15,703
be provided to a school district on a 40, 50, or 60 per cent of 15,704
cost on the basis of a district vocational priority index rating 15,705
developed by the Department of Education for all districts each 15,707
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 15,708
shall include other socio-economic factors as determined by the 15,709
State Board of Education. 15,710
Of the foregoing appropriation item 200-545, Vocational 15,712
Education Enhancements, up to $17,000,000 in fiscal year 1999 15,714
shall be used for the Vocational Education Programs set-aside, 15,716
from which moneys shall be distributed to school districts for
vocational education programs in comprehensive high schools. In 15,717
addition to any other payments made under Chapter 3317. of the 15,718
Revised Code, any city, local, or exempted village school 15,719
district providing an approved vocational education program may 15,720
receive a supplemental vocational education payment from the 15,721
set-aside for the purpose of meeting additional costs of
providing vocational education. The moneys shall be distributed 15,722
in accordance with rules adopted by the Superintendent of Public 15,723
Instruction. The rules shall specify the vocational education 15,724
related purposes for which the moneys received may be expended 15,725
and may establish a system of prioritizing the distribution of 15,726
moneys.
Reading Improvement 15,728
The foregoing appropriation item 200-551, Reading 15,730
Improvement, shall be used by the Department of Education to fund 15,731
the Reading Recovery training network, to cover the cost of 15,732
release time for the teacher trainers, and to provide grants to 15,733
districts to implement other reading improvement programs on a 15,735
353
pilot basis. Funds for this appropriation item may also be used 15,737
to conduct evaluations of the impact and effectiveness of Reading 15,738
Recovery and other reading improvement programs. 15,739
In addition, the Department of Education shall report to 15,741
the General Assembly and the Governor each fiscal year on the 15,742
progress that has been made in implementing these programs, 15,743
including an evaluation of the effectiveness of the programs. 15,744
Twenty per cent of the foregoing appropriation item 15,746
200-551, Reading Improvement, shall be used for the continuation 15,747
of a phonics demonstration project as described in Sub. H.B. 81 15,748
of the 121st General Assembly. The Department of Education may 15,750
make a portion of the funds for the demonstration project 15,751
available to additional school districts that want to participate 15,752
in the program that did not receive funding under the original 15,753
project authorized in Sub. H.B. 81 of the 121st General Assembly. 15,754
County MR/DD Boards-Vehicle Purchases 15,756
The foregoing appropriation item 200-552, County MR/DD 15,758
Boards-Vehicle Purchases, shall be used to provide financial 15,759
assistance to MR/DD boards for the purchase of vehicles as 15,760
permitted in section 3317.07 of the Revised Code. 15,761
The foregoing appropriation item 200-553, County MR/DD 15,763
Boards-Transportation Operating, shall be used to provide 15,764
financial assistance for transportation operating costs as 15,765
provided in section 3317.024 of the Revised Code. 15,766
Emergency Loan Interest Subsidy 15,768
The foregoing appropriation item 200-558, Emergency Loan 15,770
Interest Subsidy, shall be used to provide a subsidy to school 15,772
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 15,773
these districts the difference between the amount of interest the 15,775
district is paying on an emergency loan, and the interest that 15,776
the district would have paid if the interest rate on the loan had 15,777
been two per cent.
Auxiliary Services Mobile Repair 15,779
354
Notwithstanding section 3317.064 of the Revised Code, if 15,781
the unobligated cash balance is sufficient then the Treasurer of 15,782
State shall transfer $1,500,000 in fiscal year 1998 within thirty 15,783
days of the effective date of this section and $1,500,000 in 15,784
fiscal year 1999 by August 1, 1998, from the Auxiliary Services 15,785
Personnel Unemployment Compensation Fund to the Department of 15,786
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 15,787
Sec. 50.24. Lottery Profits 15,792
(A) There is hereby created the Lottery Profits Education 15,794
Reserve Fund (Fund 018) in the State Treasury. At no time shall 15,795
the amount to the credit of the fund exceed $50,000,000. 15,797
Investment earnings of the Lottery Profits Education Reserve Fund 15,798
shall be credited to the fund. Notwithstanding any provisions of 15,799
law to the contrary, for fiscal years 1998 and 1999, there is 15,801
hereby appropriated to the Department of Education, from the 15,802
Lottery Profits Education Reserve Fund, an amount necessary to 15,803
make loans authorized by sections 3317.0210, 3317.0211, and 15,804
3317.62 of the Revised Code. All loan repayments from loans made 15,805
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, or 1998 shall 15,806
be deposited into the credit of the Lottery Profits Education 15,808
Reserve Fund.
(B) On or before July 15, 1998, the Director of Budget and 15,810
Management shall determine the amount by which lottery profit 15,811
transfers received by the Lottery Profits Education Fund for 15,812
fiscal year 1998 exceed $679,417,200. The amount so determined 15,813
shall be distributed in fiscal year 1999 pursuant to divisions 15,814
(C)(E) and (D)(F) of this section. 15,815
The Director of Budget and Management shall annually 15,817
certify the amounts determined pursuant to this section to the 15,818
Speaker of the House of Representatives and the President of the 15,819
Senate. 15,820
(C) NOT LATER THAN JANUARY 16, 1998, THE DEPARTMENT OF 15,824
EDUCATION, IN CONSULTATION WITH THE DIRECTOR OF BUDGET AND 15,826
MANAGEMENT, SHALL DETERMINE, BASED UPON ESTIMATES, IF A
355
REALLOCATION OF FUNDS AS DESCRIBED IN THE SECTION TITLED 15,828
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 15,829
ASSEMBLY IS REQUIRED. 15,830
IF A REALLOCATION OF FUNDS IS REQUIRED, THEN THE 15,833
SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL REQUEST CONTROLLING 15,835
BOARD APPROVAL FOR A RELEASE OF ANY BALANCES IN THE LOTTERY 15,836
PROFITS EDUCATION FUND AVAILABLE FOR THE PURPOSE OF THIS DIVISION 15,837
AND PURSUANT TO DIVISIONS (C)(1) AND (2) OF THE SECTION TITLED 15,839
"REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215. ANY MONEYS SO 15,841
RELEASED ARE HEREBY APPROPRIATED. 15,842
(D) IN FISCAL YEAR 1998, IF THE DEPARTMENT OF EDUCATION 15,845
DOES NOT DETERMINE THAT A REALLOCATION OF FUNDS IS NECESSARY BY 15,847
JANUARY 16, AS PROVIDED IN DIVISION (C) OF THIS SECTION, OR IF 15,848
THERE IS A BALANCE IN THE LOTTERY PROFITS EDUCATION FUND AFTER 15,850
THE RELEASE OF ANY AMOUNT NEEDED TO PRECLUDE A REALLOCATION OF 15,851
FUNDS AS PROVIDED IN DIVISION (C) OF THIS SECTION, THE MONEYS IN 15,852
THE LOTTERY PROFITS EDUCATION FUND SHALL BE ALLOCATED AS PROVIDED 15,854
IN THIS DIVISION. ANY AMOUNTS SO ALLOCATED ARE HEREBY 15,855
APPROPRIATED. 15,856
(1) AN AMOUNT EQUAL TO FIVE PER CENT OF THE ESTIMATED 15,858
LOTTERY PROFITS OF $661,200,000 IN FISCAL YEAR 1997 OR THE AMOUNT 15,859
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,860
TRANSFERRED TO THE LOTTERY PROFITS EDUCATION RESERVE FUND WITHIN 15,862
THE LIMITATIONS SPECIFIED IN DIVISION (A) OF THIS SECTION AND BE 15,863
RESERVED AND SHALL NOT BE AVAILABLE FOR ALLOCATION OR 15,864
DISTRIBUTION DURING FISCAL YEAR 1998. ANY AMOUNTS EXCEEDING 15,865
$50,000,000 SHALL BE DISTRIBUTED PURSUANT TO DIVISIONS (D)(2), 15,866
(3), AND (4) OF THIS SECTION. 15,867
(2) AFTER RESERVING THE REQUIRED AMOUNT UNDER DIVISION 15,870
(D)(1) OF THIS SECTION, AN AMOUNT EQUAL TO $25,000,000 OR THE
UNRESERVED AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER 15,871
AMOUNT, SHALL BE TRANSFERRED TO THE PUBLIC SCHOOL BUILDING FUND 15,874
(FUND 021) TO BE ALLOCATED AND DISTRIBUTED IN ACCORDANCE WITH 15,875
CHAPTER 3318. OF THE REVISED CODE. THE SCHOOL FACILITIES 15,876
356
COMMISSION SHALL SUBMIT ANNUALLY A REPORT TO THE GOVERNOR AND 15,877
GENERAL ASSEMBLY ON THE USE OF THESE FUNDS. THE REPORT SHALL 15,878
INCLUDE FOR EACH PROJECT, A DESCRIPTION OF THE NEED FOR THE 15,879
PROJECT, THE TOTAL COST, THE STATE AND LOCAL SHARE OF THE COST, 15,880
AND THE PROJECT REPAYMENT SCHEDULE. 15,881
(3) AFTER THE ALLOCATION UNDER DIVISION (D)(2) OF THIS 15,883
SECTION, AN AMOUNT EQUAL TO $20,000,000 OR THE UNRESERVED AMOUNT 15,884
REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE 15,885
ALLOCATED TO THE SCHOOL FACILITIES COMMISSION TO ASSIST SCHOOL 15,887
DISTRICTS IN COMPLYING WITH FEDERAL REGULATIONS ON ASBESTOS 15,888
ABATEMENT AND REMOVAL AND TO ASSIST SCHOOL DISTRICTS IN MAKING 15,889
SCHOOL BUILDINGS ACCESSIBLE TO THE HANDICAPPED. 15,890
(4) AFTER THE ALLOCATION UNDER DIVISION (D)(3) OF THIS 15,892
SECTION, THE UNRESERVED AMOUNT REMAINING IN THE FUND SHALL BE 15,893
DISTRIBUTED PURSUANT TO DIVISION (G) OF THIS SECTION. 15,894
(E) Not later than January 16, 1999, the Department of 15,896
Education, in consultation with the Director of Budget and 15,897
Management, shall determine, based upon estimates, if a 15,898
reallocation of funds as described in the section titled 15,899
"Reallocation of Funds" of Am. Sub. H.B. 215 of the 122nd General 15,900
Assembly is required. 15,901
If a reallocation of funds is required, then the 15,903
Superintendent of Public Instruction shall request Controlling 15,904
Board approval for a release of any balances in the Lottery 15,905
Profits Education Fund available for the purpose of this division 15,906
and pursuant to divisions (C)(1) and (2) of the section titled 15,907
"Reallocation of Funds" of AM. SUB. H.B. 215. Any moneys so 15,909
released are hereby appropriated.
(D)(F) In fiscal year 1999, if the Department of Education 15,911
does not determine that a reallocation of funds is necessary by 15,912
January 16, as provided in division (C)(E) of this section, or if 15,914
there is a balance in the Lottery Profits Education Fund after
the release of any amount needed to preclude a reallocation of 15,915
funds as provided in division (C)(E) of this section, the moneys 15,917
357
in the Lottery Profits Education Fund shall be allocated as
provided in this division. Any amounts so allocated are hereby 15,918
appropriated.
(1) An amount equal to five per cent of the estimated 15,920
lottery profits transfers of $679,417,200 in fiscal year 1998 or 15,921
the amount remaining in the fund, whichever is the lesser amount, 15,922
shall be transferred to the Lottery Profits Education Reserve 15,923
Fund within the limitations specified in division (A) of this 15,924
section and be reserved and shall not be available for allocation 15,925
or distribution during fiscal year 1999. Any amounts exceeding 15,926
$50,000,000 shall be distributed pursuant to divisions (D)(F)(2), 15,928
(3), and (4) of this section.
(2) After reserving the required amount under division 15,931
(D)(F)(1) of this section, an amount equal to $25,000,000 or the 15,932
unreserved amount remaining in the fund, whichever is the lesser 15,933
amount, shall be transferred to the School Building Fund (Fund 15,934
021) to be allocated and distributed in accordance with Chapter 15,935
3318. of the Revised Code. The School Facilities Commission 15,937
shall submit annually a report to the Governor and General 15,938
Assembly on the use of these funds. The report shall include for 15,939
each project, a description of the need for the project, the 15,940
total cost, the state and local share of the cost, and the 15,941
project repayment schedule. 15,942
(3) After the allocation under division (D)(F)(2) of this 15,944
section, an amount equal to $20,000,000 or the unreserved amount 15,945
remaining in the fund, whichever is the lesser amount, shall be 15,946
allocated to the School Facilities Commission to assist school 15,948
districts in complying with federal regulations on asbestos 15,949
abatement and removal and to assist school districts in making 15,950
school buildings accessible to the handicapped. 15,951
(4) After the allocation under division (D)(F)(3) of this 15,953
section, the amount remaining in the fund shall be distributed 15,954
pursuant to division (E)(G) of this section. 15,955
(E)(G) In the appropriate fiscal year, any remaining 15,957
358
amounts after the operations required by division (C)(D) or 15,959
(D)(F) of this section, respectively, shall be available for 15,960
distribution in accordance with this division. 15,961
(1) As used in this division: 15,963
(a) "State basic aid" means the amount computed for a 15,966
district under sections 3317.022, 3317.023, and 3317.025 to
3317.028 of the Revised Code, plus any amount computed for the 15,968
district under section 3317.0212 of the Revised Code Basic Aid 15,969
Guarantee" of this act or any amount computed under section 15,970
3317.16 of the Revised Code.
(b) "ADM" means: 15,972
(i) In the case of a city, local, or exempted village 15,974
school district, the district's formula ADM as defined in section 15,976
3317.02 of the Revised Code, minus the portion of ADM computed 15,977
under division (A)(3) of section 3317.03 of the Revised Code for 15,978
students that are enrolled in a joint vocational school district;
(ii) In the case of a joint vocational school district, 15,980
the sum of the number of pupils enrolled in that joint vocational 15,981
school district. 15,982
(2) Ninety-seven and forty-three one-hundredths per cent 15,984
of the amount made available for distribution under this division 15,985
in each fiscal year shall be distributed to city, local, joint 15,986
vocational, and exempted village school districts eligible to 15,988
receive funds pursuant to Chapter 3317. of the Revised Code in 15,989
proportion to the percentage that the ADM of each such district 15,990
is of the ADM of all such districts and shall be for the use of 15,992
the public schools of the district. Two and fifty-seven 15,993
one-hundredths per cent of such amount made available for 15,994
distribution under this division in each fiscal year shall be 15,995
distributed to nonpublic schools for the purposes of section 15,996
3317.063 of the Revised Code. Not later than the first day of 15,997
March of each fiscal year, the Department of Education shall 15,998
compute each school district's share for that year of the amount 16,000
to be distributed under this division and shall, subject to 16,001
359
Controlling Board approval, distribute the shares so determined. 16,002
Amounts distributed to school districts pursuant to this 16,005
division shall be used solely to purchase textbooks and 16,006
equipment. If funds have been appropriated by a board for any 16,007
purposes permitted under this section, the amounts distributed to 16,008
the district or educational service center under this division
shall be used for additional expenditures for such purposes and 16,010
shall not be substituted for funds previously appropriated by the 16,011
board.
(3) Districts and nonpublic schools shall report to the 16,014
Department of Education no later than the last day of May of each 16,015
fiscal year on the usage of funds received under this division. 16,016
The Department of Education shall compile district data and 16,017
report on the usage of all funds distributed under this division 16,019
to the Controlling Board by the last day of June of each fiscal 16,020
year. If the department determines that a district used funds 16,021
distributed pursuant to this division for purposes not permitted, 16,022
it shall reduce the district's state basic aid payments for the 16,023
ensuing fiscal year by the amount improperly used. 16,024
It is the intent of the General Assembly that moneys 16,026
distributed pursuant to this section shall not be included in any 16,027
spending base calculations when appropriations for the 1999-2000 16,028
biennium are being considered. 16,029
Sec. 50.52.10. (A) As used in this subsection: 16,033
(1) "Base formula amount" means the amount specified as 16,036
such in a community school's financial plan for a school year 16,037
pursuant to Subsection 5 of this section.
(2) "Cost-of-doing-business factor" has the same meaning 16,039
as in section 3317.02 of the Revised Code. 16,041
(3) "IEP" means an individualized education program 16,044
defined by division (E) of section 3323.01 of the Revised Code. 16,045
(4) "Actual AVERAGE COUNTY cost" means the actual cost, 16,048
AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing 16,049
special education and related services to a special education 16,050
360
student pursuant to an IEP in the school district where that 16,051
student is entitled to attend school pursuant to sections 3313.64
and 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, 16,052
as calculated in a manner acceptable to the Superintendent of 16,054
Public Instruction.
(5) "Basic aid" means the amount computed for a district 16,056
under divisions (A) and (C) of section 3317.022 of the Revised 16,059
Code.
(6) "Guarantee funds" means any payments received by a 16,061
school district pursuant to section 3317.0212 of the Revised 16,062
Code.
(7) "Per pupil state funds" for a district means the 16,064
figure obtained when the sum of the district's total annual basic 16,065
aid payments plus guarantee funds is divided by the district's 16,066
formula ADM as certified in section 3317.03 of the Revised Code. 16,070
(8) "Entitled to attend school in the district" means a 16,072
student is entitled to attend school in a district pursuant to 16,073
the provisions of section 3313.64 or 3313.65 of the Revised Code. 16,074
(B) The state board of education shall adopt rules 16,076
requiring both of the following: 16,077
(1) The board of education of each city, exempted village, 16,079
and local school district in the Lucas County area to annually 16,080
report the number of students entitled to attend school in the 16,081
district pursuant to section 3313.64 or 3313.65 of the Revised 16,083
Code IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 16,084
KINDERGARTEN STUDENTS, who are enrolled in a community school 16,085
established under this chapter SECTION and for each child, both 16,086
of the following: 16,087
(a) The community school in which the child is enrolled. 16,090
In addition, for each such child receiving special education and 16,091
related services in a community school pursuant to an IEP the 16,092
board shall report the actual AVERAGE COUNTY cost for such child. 16,094
(b) If the district receives disadvantaged pupil impact 16,096
aid for the child pursuant to DIVISION (B) OR DIVISIONS (C) AND 16,098
361
(E) OF section 3317.029 of the Revised Code, the amount received 16,100
for such child. 16,101
(2) The governing authority of each community school 16,103
established under this section to annually report the number of 16,104
students IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE 16,105
KINDERGARTEN STUDENTS, enrolled in kindergarten through grade 16,106
twelve in the school who are not receiving special education and 16,108
related services pursuant to an IEP, the number of enrolled 16,111
students in kindergarten through grade GRADES ONE THROUGH twelve 16,112
AND ONE-HALF OF THE KINDERGARTEN STUDENTS who are receiving 16,113
special education and related services pursuant to an IEP, the 16,114
number of enrolled preschool students counted in a unit approved 16,116
by the State Board of Education under section 3317.05 of the 16,118
Revised Code, the community school's base formula amount, and for 16,120
each student, the city, exempted village, or local school 16,121
district the student is entitled to attend under section 3313.64 16,122
or 3313.65 of the Revised Code. 16,123
(C) From the payments made to a city, exempted village, or 16,125
local school district under Chapter 3317. and, if necessary, 16,127
sections 321.14 and 323.156 of the Revised Code, the Department 16,128
of Education shall annually subtract all of the following: 16,129
(1) An amount equal to the sum of the amounts obtained 16,131
when, for each community school where the district's students are 16,132
enrolled, the number of the district's students reported under 16,134
division (B)(2) of this subsection IN GRADES ONE THROUGH TWELVE, 16,135
AND ONE-HALF OF THE KINDERGARTEN STUDENTS, who are enrolled in 16,136
kindergarten through grade twelve in that community school and 16,137
are not receiving special education and related services pursuant 16,138
to an IEP is multiplied by the base formula amount of that 16,139
community school as adjusted by the school district's 16,140
cost-of-doing-business factor.
(2) The sum of the actual AVERAGE COUNTY costs for all 16,142
district students reported under division (B)(2) of this 16,144
subsection who are to be receiving special education and related 16,145
362
services pursuant to an IEP in their respective community 16,146
schools, less the sum of the prorated share for each such 16,147
preschool handicapped student of any amounts received from state 16,149
funded units or from any federal funds to provide special 16,150
education and related services to students in kindergarten 16,151
through grade twelve in the respective community schools. This 16,152
prorated share of state unit funding or federal funds received 16,153
for each such student shall be determined on the basis of all 16,155
such funds received by a community school for students receiving 16,156
similar services, as calculated in a manner acceptable to the
Superintendent of Public Instruction. 16,157
(3) An amount equal to the sum of the amounts obtained 16,159
when, for each community school where the district's students are 16,160
enrolled, the number of the district's students enrolled in that 16,161
community school and residing in the district in a family 16,162
participating in Ohio works first under Chapter 5107. of the 16,164
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 16,166
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 16,167
3317.029 of the Revised Code.
(D) The Department shall annually pay to a community 16,170
school, or to the Lucas County Educational Service Center on 16,171
behalf of a start-up school for which the Service Center's
Treasurer is the chief financial officer and custodian of its 16,172
funds pursuant to subsection 12 of this section, all of the 16,173
following:
(1) An amount equal to the sum of the amounts obtained 16,176
when, for each school district where the community school's 16,177
students are entitled to attend school under section 3313.64 or
3313.65 of the Revised Code, the number of students enrolled in 16,178
kindergarten GRADES ONE through grade twelve PLUS ONE-HALF OF THE 16,180
KINDERGARTEN STUDENTS in the school as reported under division 16,181
(B)(2) of this subsection who are not receiving special education 16,182
and related services pursuant to an IEP is multiplied by the 16,183
363
community school's base formula amount, as adjusted by that 16,184
school district's cost-of-doing-business factor;
(2) For each student enrolled in the school receiving 16,187
special education and related services pursuant to an IEP, an 16,188
amount equal to the actual AVERAGE COUNTY cost for such student, 16,189
less a prorated share for a preschool handicapped student of any 16,190
amount received from state funded units or for any student, a 16,191
prorated share of any federal funds to provide special education 16,193
and related services to students in the community school. This 16,194
prorated share shall be determined as described under division 16,195
(C)(2) of this subsection.
(3) An amount equal to the sum of the amounts obtained 16,197
when, for each school district where the community school's 16,198
students are entitled to attend school under section 3313.64 or 16,199
3313.65 of the Revised Code, the number of that district's 16,200
students enrolled in the community school and participating in 16,201
Ohio works first is multiplied by the per pupil amount of 16,202
disadvantaged pupil impact aid that school district receives that 16,204
year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 16,205
3317.029 of the Revised Code.
(E) For purposes of counting students in average daily 16,207
membership under section 3317.03 of the Revised Code, prior to 16,209
the first day of classes each year in any community school 16,210
established under this section, the parent, guardian, or 16,211
custodian of each student who is enrolled or intends to enroll 16,212
that year in the community school shall register the student's 16,213
name and address with the superintendent of the school district 16,214
in which the student is entitled to attend school. The
superintendent shall include all such students in the district's 16,215
average daily membership as if the students were enrolled during 16,216
the first full week of October in that school year. 16,217
(F) During the first year of operation of a community 16,219
school under this section, in addition to all other payments made 16,220
to any school district in which a student enrolled in the 16,221
364
community school is entitled to attend school pursuant to Chapter 16,223
3317. of the Revised Code, the Department of Education shall pay 16,224
such school district for each student enrolled in the community 16,226
school who is otherwise entitled to attend school in the district 16,227
an amount equal to 50 per cent of the district's per pupil state 16,228
funds.
(G) A community school may apply to the Department of 16,230
Education for preschool handicapped or gifted unit funding the 16,232
school would receive if it were a school district. Upon request 16,234
of its governing authority, a community school that received unit 16,235
funding as a school district-operated school before it was 16,236
converted to a community school shall retain any units awarded to 16,237
it as a school district-operated school, provided the school 16,238
continues to meet eligibility standards for the unit. 16,239
A community school shall be considered a school district 16,241
and its governing authority shall be considered a board of 16,242
education for the purpose of applying to any state or federal 16,243
agency for grants that a school district may receive under 16,244
federal or state law or any appropriations act of the General 16,245
Assembly. The governing authority of a community school may 16,246
apply to any private entity for additional funds. 16,247
(H) A board of education sponsoring a community school may 16,249
utilize local funds to make enhancement grants to the school or 16,250
may agree, either as part of the contract or separately, to 16,251
provide any specific services to the community school at no cost 16,252
to the school.
(I) A community school may not levy taxes or issue bonds 16,254
secured by tax revenues. 16,256
(J) No community school shall charge tuition for the 16,258
enrollment of any student. 16,260
(K) A community school may borrow money to pay any 16,262
necessary and actual expenses of the school in anticipation of 16,264
the receipt of any portion of the payments to be received by the 16,265
school pursuant to division (D) of this subsection. The school 16,266
365
may issue notes to evidence such borrowing to mature no later 16,267
than the end of the fiscal year in which such money was borrowed. 16,268
The proceeds of the notes shall be used only for the purposes for 16,270
which the anticipated receipts may be lawfully expended by the 16,271
school.
(L) For purposes of determining the number of students for 16,273
which division (D)(3) of this subsection applies in any school 16,275
year, a community school may submit to the state Department of 16,277
Human Services, no later than the first day of March, a list of 16,278
the students enrolled in the school. For each student on the 16,279
list, the community school shall indicate the student's name, 16,280
address, and date of birth and the school district where the
student is entitled to attend school under section 3313.64 or 16,281
3313.65 of the Revised Code. Upon receipt of a list under this 16,282
division, the Department of Human Services shall determine, for 16,283
each school district where one or more students on the list are 16,284
entitled to attend school under section 3313.64 or 3313.65 of the 16,285
Revised Code, the number of students residing in that school
district who were included in the Department's report required by 16,287
section 3317.10 of the Revised Code. The Department shall make 16,288
this determination on the basis of information readily available 16,289
to it. Upon making this determination and no later than ninety 16,290
days after submission of the list by the community school, the 16,291
Department shall report to the state Department of Education the
number of students on the list who reside in each school district 16,292
who were included in the Department's report made pursuant to 16,293
section 3317.10 of the Revised Code. In complying with this 16,295
division, the Department of Human Services shall not report to 16,296
the state Department of Education any personally identifiable 16,297
information on any student."
Section 8. That existing Sections 50, 50.07, 50.09, 50.10, 16,299
50.12, 50.13, 50.14, 50.24, and 50.52.10 of Am. Sub. H.B. 215 of 16,300
the 122nd General Assembly, as amended by Am. Sub. H.B. 650 of 16,301
the 122nd General Assembly, are hereby repealed. 16,302
366
Section 9. That Section 18 of Am. Sub. H.B. 650 of the 16,304
122nd General Assembly be amended to read as follows: 16,305
"Sec. 18. (A) As used in this section: 16,307
(1) "FY 1998 state aid" means the total amount of state 16,309
money received by a school district under sections 3317.022, 16,310
3317.023, and 3317.025 to 3317.028 of the Revised Code, prior to 16,311
any deductions or credits required by division (G), (I), (J), or 16,312
(K) of section 3317.023, plus any amounts for which the district 16,313
was eligible pursuant to divisions (K), (M), (N), and (O) of 16,315
section 3317.024 and sections 3317.0212 and 3317.0213 of the 16,316
Revised Code, as those divisions and sections existed in fiscal 16,317
year 1998 AS REPORTED ON THE DEPARTMENT OF EDUCATION'S FORM 16,319
"SF-12," ADJUSTED AS FOLLOWS: 16,320
(a) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED 16,323
UNITS;
(b) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE 16,326
REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE 16,327
REVISED CODE;
(c) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN 16,329
EDUCATIONAL SERVICE CENTER; 16,330
(d) PLUS AN ESTIMATED PORTION OF THE STATE MONEY 16,332
DISTRIBUTED IN FISCAL YEAR 1998 TO OTHER SCHOOL DISTRICTS OR 16,333
EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, OTHER THAN 16,334
PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO 16,335
THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS 16,336
ENTITLED TO ATTEND SCHOOL IN THE DISTRICT; 16,337
(e) MINUS AN ESTIMATED PORTION OF THE STATE MONEY 16,339
DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1998 FOR 16,340
APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR GIFTED 16,341
EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES 16,342
IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER 16,343
SCHOOL DISTRICT; 16,344
(f) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 16,347
VOCATIONAL EDUCATION RECOMPUTATION REQUIRED BY FORMER SECTION 16,348
367
50.22 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY; 16,350
(g) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE 16,353
SPECIAL EDUCATION RECOMPUTATION REQUIRED BY FORMER DIVISION (I) 16,354
OF SECTION 3317.023 OF THE REVISED CODE; 16,355
(h) PLUS ANY AMOUNT PAID FOR EQUITY AID UNDER SECTION 16,358
3317.0213 OF THE REVISED CODE. 16,359
(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 16,362
state aid," and "FY 2002 state aid" mean the total amount of 16,363
state money a school district is eligible to receive for the 16,364
applicable fiscal year under sections DIVISIONS (A), (C)(1), AND 16,366
(D) OF SECTION 3317.022, 3317.023, AND SECTIONS 3317.025 to 16,368
3317.028, 3317.029, 3317.0212, and 3317.0213 of the Revised Code, 16,370
plus any amount for which the district is eligible pursuant to 16,371
division (Q)(C) OF SECTION 3317.023, DIVISIONS (G) AND (P) of 16,372
section 1317.024, AND DIVISION (B) OF SECTION 3317.162 of the 16,374
Revised Code, and prior to any deductions or credits required by 16,376
division (B), (D), (E), (F), (G), (H), or (I), (J), OR (K) of 16,378
section 3317.023 OR DIVISION (J) OF SECTION 3317.029 of the 16,380
Revised Code, as those sections are enacted and amended by this 16,381
act.
(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 16,384
actual aid," and "FY 2002 actual aid" means the amount of the 16,385
state aid described in division (A)(2) of this section that was 16,386
actually paid to a school district in the applicable fiscal year 16,387
after the application of divisions (B) to (E) of this section. 16,388
(4) "FY 1998 ADM" has the meaning prescribed in section 16,390
3317.0212 of the Revised Code. 16,391
(5) "Formula amount" has the meaning," "FORMULA ADM," AND 16,394
"THREE-YEAR AVERAGE FORMULA ADM" HAVE THE MEANINGS prescribed in 16,395
section 3317.02 of the Revised Code. 16,396
(5) "ALL-DAY KINDERGARTEN" HAS THE MEANING PRESCRIBED IN 16,398
SECTION 3317.029 OF THE REVISED CODE. 16,399
(B) In fiscal year 1999, notwithstanding any provision of 16,402
law to the contrary, no school district shall receive FY 1999
368
state aid that is equal to more than THE GREATER OF THE 16,403
FOLLOWING:
(1) 110 per cent of FY 1998 state aid. If; 16,405
(2) [1.06 X (FY 1998 STATE AID/FY 1998 ADM< X THE GREATER 16,408
OF FISCAL YEAR 1999 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA 16,409
ADM.
IF a district's projected FY 1999 state aid is more than 16,411
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 16,413
(B)(1) OR (2) OF THIS SECTION, such district shall receive only 16,414
110 per cent of its FY 1998 state aid THE GREATER OF DIVISION 16,415
(B)(1) OR (2) OF THIS SECTION in fiscal year 1999. 16,416
(C) In fiscal year 2000, notwithstanding any provision of 16,419
law to the contrary, no school district shall receive FY 2000
state aid that is equal to more than THE GREATER OF THE 16,420
FOLLOWING:
(1) 110 per cent of FY 1999 actual aid. If; 16,423
(2) [1.06 X (FY 1999 ACTUAL AID/FISCAL YEAR 1999 FORMULA 16,426
ADM< X THE GREATER OF FISCAL YEAR 2000 FORMULA ADM OR THREE-YEAR 16,427
AVERAGE FORMULA ADM.
IF a district's projected FY 2000 state aid is more than 16,429
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 16,432
(C)(1) OR (2) OF THIS SECTION, such district shall receive only 16,433
110 per cent of its FY 1999 actual aid THE GREATER OF DIVISION 16,434
(C)(1) OR (2) OF THIS SECTION in fiscal year 2000. 16,435
(D) In fiscal year 2001, notwithstanding any provision of 16,438
law to the contrary, no school district shall receive FY 2001
state aid that is equal to more than THE GREATER OF THE 16,439
FOLLOWING:
(1) 110 per cent of FY 2000 actual aid. If; 16,442
(2) [1.06 X (FY 2000 ACTUAL AID/FISCAL YEAR 2000 FORMULA 16,445
ADM< X THE GREATER OF FISCAL YEAR 2001 FORMULA ADM OR THREE-YEAR 16,446
AVERAGE FORMULA ADM.
IF a district's projected FY 2001 state aid is more than 16,448
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 16,451
369
(D)(1) OR (2) OF THIS SECTION, such district shall receive only 16,452
110 per cent of its FY 2000 actual aid THE GREATER OF DIVISION 16,454
(D)(1) OR (2) OF THIS SECTION in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 16,457
law to the contrary, no school district shall receive FY 2002
state aid that is equal to more than THE GREATER OF THE 16,458
FOLLOWING:
(1) 110 per cent of FY 2001 actual aid. If; 16,461
(2) [1.06 X (FY 2001 ACTUAL AID/FISCAL YEAR 2001 FORMULA 16,464
ADM< X THE GREATER OF FISCAL YEAR 2002 FORMULA ADM OR THREE-YEAR 16,465
AVERAGE FORMULA ADM.
IF a district's projected FY 2002 state aid is more than 16,467
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 16,470
(E)(1) OR (2) OF THIS SECTION, such district shall receive only 16,471
110 per cent of its FY 2001 actual aid THE GREATER OF DIVISION 16,472
(E)(1) OR (2) OF THIS SECTION in fiscal year 2002. 16,473
(F) Notwithstanding any provision of law to the contrary: 16,475
(1) The amount by which a school district's FY 1999 actual 16,478
aid exceeds its FY 1998 state aid is hereby deemed to first 16,479
consist of the disadvantaged pupil impact aid (DPIA) calculated 16,481
under section 3317.029 of the Revised Code. In fiscal year 1999, 16,483
each district shall spend for the purposes set forth in section 16,484
3317.029 of the Revised Code at least the lesser of the amount 16,485
calculated under that section or the amount by which its FY 1999 16,486
actual aid exceeds its FY 1998 state aid. 16,488
(2) The amount by which a school district's FY 2000 actual 16,491
aid exceeds its FY 1999 actual aid is hereby deemed to first 16,493
consist of the DPIA calculated under section 3317.029 of the 16,494
Revised Code. In fiscal year 2000, each district shall spend for 16,495
the purposes set forth in section 3317.029 of the Revised Code at 16,496
least the lesser of the amount calculated under that section or 16,497
the amount by which its FY 2000 actual aid exceeds its FY 1999 16,499
actual aid. 16,500
(3) The amount by which a school district's FY 2001 actual 16,503
370
aid exceeds its FY 2000 actual aid is hereby deemed to first 16,505
consist of the DPIA calculated under section 3317.029 of the 16,506
Revised Code. In fiscal year 2001, each district shall spend for 16,507
the purposes set forth in section 3317.029 of the Revised Code at 16,508
least the lesser of the amount calculated under that section or 16,509
the amount by which its FY 2001 actual aid exceeds its FY 2000 16,511
actual aid. 16,512
(4) The amount by which a school district's FY 2002 actual 16,515
aid exceeds its FY 2001 actual aid is hereby deemed to first 16,517
consist of the DPIA calculated under section 3317.029 of the 16,518
Revised Code. In fiscal year 2002, each district shall spend for 16,519
the purposes set forth in section 3317.029 of the Revised Code at 16,520
least the lesser of the amount calculated under that section or 16,521
the amount by which its FY 2002 actual aid exceeds its FY 2001 16,523
actual aid. 16,524
(G)(1) In lieu of the limitation on the amount of aid a 16,526
district may receive in fiscal year 1999 provided in division (B) 16,527
of this section, the district may receive an amount calculated 16,529
under the following formula, if such amount is greater than the 16,530
amount provided in division (B) of this section:
1.06 times minus (the district's FY 1998 state aid/district's FY1998 ADM)} times the district's FY 1999 formula ADM 16,536
(2) In lieu of the limitation on the amount of aid a 16,538
district may receive in fiscal year 2000 provided in division (C) 16,540
of this section, the district may receive an amount calculated 16,541
under the following formula, if such amount is greater than the 16,542
amount provided in division (C) of this section:
1.06 times minus (the district's FY 1999 actual aid/district's FY1999 formula ADM)} times the district's FY 2000 formula ADM 16,548
(3) In lieu of the limitation on the amount of aid a 16,550
district may receive in fiscal year 2001 provided in division (D) 16,551
of this section, the district may receive an amount calculated 16,552
under the following formula, if such amount is greater than the 16,553
amount provided in division (D) of this section:
371
1.06 times minus (the district's FY 2000 actual aid/district's FY2000 formula ADM)} times the district's FY 2001 formula ADM 16,559
(4) In lieu of the limitation on the amount of aid a 16,561
district may receive in fiscal year 2002 provided in division (E) 16,562
of this section, the district may receive an amount calculated 16,563
under the following formula, if such amount is greater than the 16,564
amount provided in division (E) of this section:
1.06 times minus (the district's FY 2001 actual aid/district's FY2001 formula ADM)} times the district's FY 2002 formula ADM THIS 16,568
DIVISION AND DIVISION (G) OF THIS SECTION APPLY ONLY TO DISTRICTS 16,569
SUBJECT TO DIVISION (F) OF SECTION 3317.029 OF THE REVISED CODE.
AS USED IN THIS DIVISION AND DIVISION (G) OF THIS SECTION: 16,570
(1) "CAPPED DISTRICT" MEANS A DISTRICT THAT PURSUANT TO 16,572
DIVISION (B), (C), (D), OR (E) OF THIS SECTION WILL NOT RECEIVE 16,574
THE FULL AMOUNT OF FY 1999, FY 2000, FY 2001, OR FY 2002 STATE 16,575
AID.
(2) "DPIA FUNDS" MEANS: 16,577
(a) IN FY 1998, THE AMOUNT CALCULATED FOR THE DISTRICT 16,579
PURSUANT TO DIVISION (B) OF SECTION 3317.023 OF THE REVISED CODE 16,580
AS IT EXISTED IN THAT FISCAL YEAR; 16,581
(b) IN ANY FISCAL YEAR AFTER FY 1998, THE TOTAL AMOUNT 16,583
CALCULATED FOR THE DISTRICT FOR THAT FISCAL YEAR PURSUANT TO 16,584
SECTION 3317.029 OF THE REVISED CODE. 16,585
(3) "EXEMPT DPIA PORTION" MEANS: 16,587
(a) IN THE CASE OF ANY DISTRICT OTHER THAN A CAPPED 16,589
DISTRICT, AN AMOUNT EQUAL TO ZERO; 16,590
(b) IN THE CASE OF A CAPPED DISTRICT, THE AMOUNT RESULTING 16,592
FROM THE APPLICATION OF THE FOLLOWING FORMULA: 16,593
(THE DISTRICT'S DPIA FUNDS FOR THE YEAR 16,595
OF THE CALCULATION MINUS THE DISTRICT'S DPIA 16,596
FUNDS FOR FY 1998) MINUS 16,597
(THE DISTRICT'S ACTUAL AID FOR THE YEAR OF THE CALCULATION MINUS 16,598
THE DISTRICT'S FY 98 STATE AID) 16,599
HOWEVER, IF THIS FORMULA PRODUCES A NEGATIVE NUMBER, THE 16,601
372
DISTRICT'S EXEMPT DPIA PORTION IS ZERO. 16,602
(4) "REQUIRED ALL-DAY KINDERGARTEN" FOR A DISTRICT MEANS 16,604
THE PROVISION OF ALL-DAY KINDERGARTEN TO THE NUMBER OF STUDENTS 16,605
IN THE DISTRICT'S KINDERGARTEN PERCENTAGE SPECIFIED PURSUANT TO 16,606
DIVISION (H)(1) OF SECTION 3317.029 OF THE REVISED CODE. 16,607
(G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: 16,609
(1) IN THE CASE OF ANY DISTRICT, THE DISTRICT'S DPIA FUNDS 16,611
ARE HEREBY DEEMED TO FIRST CONSIST OF ANY DISADVANTAGED PUPIL 16,612
IMPACT AID CALCULATED FOR THE DISTRICT FOR ALL-DAY KINDERGARTEN 16,613
UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, AND 16,614
TO NEXT CONSIST OF ANY DISADVANTAGED PUPIL IMPACT AID CALCULATED 16,615
FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 16,616
OF THE REVISED CODE. EACH DISTRICT SHALL EXPEND WHATEVER FUNDS 16,617
NECESSARY TO ENSURE PROVISION OF ITS REQUIRED ALL-DAY
KINDERGARTEN. 16,618
(2) IN FY 1999, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,620
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,621
LEAST TWENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM 16,622
SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT 16,623
CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF 16,624
SECTION 3317.029 OF THE REVISED CODE.
(3) IN FY 2000, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,626
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,627
LEAST FIFTY PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING 16,628
THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR 16,629
THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF 16,630
THE REVISED CODE.
(4) IN FY 2001, A DISTRICT SHALL EXPEND FOR THE PURPOSES 16,632
OF SECTION 3317.029 OF THE REVISED CODE AN AMOUNT EQUAL TO AT 16,633
LEAST SEVENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM 16,634
SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT 16,635
CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF 16,636
SECTION 3317.029 OF THE REVISED CODE.
(5) IN FY 2002 AND THEREAFTER, A DISTRICT SHALL EXPEND ONE 16,638
373
HUNDRED PER CENT OF ITS DPIA FUNDS FOR THE PURPOSES OF SECTION 16,639
3317.029 OF THE REVISED CODE. 16,640
(6) DISTRICTS SHALL COMPLY WITH THE REQUIREMENTS OF 16,642
DIVISION (G) OF SECTION 3317.029 OF THE REVISED CODE." 16,643
Section 10. That existing Section 18 of Am. Sub. H.B. 650 16,645
of the 122nd General Assembly is hereby repealed. 16,646
Section 11. That Section 50.06 of Am. Sub. H.B. 215 of the 16,648
122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. 16,649
Sub. H.B. 650 of the 122nd General Assembly, be amended to read 16,650
as follows:
"Sec. 50.06. School Foundation Basic Allowance Base Cost 16,657
Funding 16,658
Of the foregoing appropriation item 200-501, Base Cost 16,660
Funding, up to $6,000,000 in each year of the biennium shall be 16,662
expended by the State Board of Education for the extended service 16,663
allowance which shall be the teachers' salaries pursuant to the 16,664
schedule contained in section 3317.13 of the Revised Code, plus 16,665
fifteen per cent for retirement and sick leave; up to $425,000 16,667
shall be expended in each year of the biennium for court payments 16,668
pursuant to section 2151.357 of the Revised Code; up to $150,000 16,669
in each year of the biennium shall be expended pursuant to 16,670
section 3313.64 of the Revised Code; THE SUPERINTENDENT OF PUBLIC 16,671
INSTRUCTION SHALL EXPEND IN FISCAL YEAR 1998 THE AMOUNT NECESSARY 16,672
FOR THE PURPOSE OF MAKING PAYMENTS FOR THE VOCATIONAL EDUCATION 16,673
PUPIL RECOMPUTATION PURSUANT TO DIVISION (M) OF SECTION 3317.024 16,674
OF THE REVISED CODE AND THE PROVISIONS UNDER THE SECTION HEADED 16,676
"VOCATIONAL EDUCATION PUPIL RECOMPUTATION" IN AM. SUB. H.B. 215 16,678
OF THE 122nd GENERAL ASSEMBLY AND THE SPECIAL EDUCATION PUPIL 16,679
RECOMPUTATION PURSUANT TO DIVISION (I) OF SECTION 3317.023 OF THE 16,680
REVISED CODE; up to $100,000 shall be expended in each year of 16,683
the biennium for supplemental payments pursuant to the section 16,684
headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd 16,686
General Assembly; an amount shall be available each year of the 16,688
biennium for the cost of the reappraisal guarantee pursuant to 16,689
374
section 3317.04 of the Revised Code; up to $9,000,000 in each 16,690
year of the biennium shall be reserved for payments pursuant to 16,691
sections 3317.026, 3317.027, and 3317.028 of the Revised Code 16,692
EXCEPT THAT THE CONTROLLING BOARD MAY INCREASE THE $9,000,000 16,693
AMOUNT IF PRESENTED WITH SUCH A REQUEST FROM THE DEPARTMENT OF 16,694
EDUCATION. OF THE FOREGOING APPROPRIATION LINE ITEM 200-501, 16,695
BASE COST FUNDING, UP TO $13,861,282 SHALL BE USED IN FISCAL YEAR 16,696
1999 TO PROVIDE ADDITIONAL STATE AID TO SCHOOL DISTRICTS FOR 16,697
STUDENTS IN CATEGORY THREE SPECIAL EDUCATION ADM PURSUANT TO 16,698
DIVISION (C)(4) OF SECTION 3317.022 OF THE REVISED CODE; up to 16,699
$2,000,000 in each year of the biennium shall be reserved for 16,701
Youth Services tuition payments pursuant to section 3317.024 of 16,702
the Revised Code,; up to $1,300,000 in fiscal year 1998 and 16,703
$1,300,000 in fiscal year 1999 for small district aid; for 16,704
districts with an ADM of less than 100, in addition to other 16,705
funds, an amount shall be paid equal to the amount above the 16,706
actual fiscal year 1996 and 1997 amounts for basic aid, including 16,707
any guarantee aid the district would have received in fiscal 16,708
years 1996 and 1997 had the amendments to divisions (D) and (E) 16,709
of section 3317.0212 of the Revised Code, as amended in Am. Sub. 16,710
H.B. 215 of the 122nd General Assembly, been in effect; up to 16,712
$500,000 in each fiscal year shall be used to make payments to 16,713
school districts that lose enrollment due to the implementation 16,714
of the community schools program pursuant to Am. Sub. H.B. 215 of 16,715
the 122nd General Assembly; $500,000 shall be transferred each 16,716
year by the Director of Budget and Management to appropriation 16,718
item 200-422, School Management Assistance, to help the 16,719
Department of Education administer, monitor, and implement the
fiscal emergency and fiscal watch provisions under Chapter 3316. 16,720
of the Revised Code. Up; UP to $45,330,000 in fiscal year 1998 16,721
and up to $47,795,600 in fiscal year 1999 shall be reserved to 16,723
fund the state reimbursement of educational service centers
pursuant to section 3317.11 of the Revised Code; and up to 16,724
$1,260,000 in fiscal year 1998 shall be used by the 16,726
375
Superintendent of Public Instruction to make incentive payments 16,727
in any amounts the superintendent deems necessary to joint 16,728
educational service centers established pursuant to section 16,729
3311.053 of the Revised Code. These supplemental payments may be 16,730
made in fiscal year 1998 to defray the direct or indirect 16,731
expenses of dissolving participating educational service centers.
Each joint educational service center seeking a supplemental 16,732
payment in fiscal year 1998 shall submit to the Superintendent of 16,733
Public Instruction any documents and information that the 16,734
Superintendent may require no later than December 31, 1997. 16,735
Notwithstanding any contrary provision of section 3313.843 16,737
or 3317.11 of the Revised Code as amended by Amended Substitute 16,738
House Bill No. 650 of the 122nd general assembly GENERAL 16,740
ASSEMBLY, students receiving special education programs or 16,741
related services in fiscal year 1998 through a state-funded 16,742
special education classroom unit or a state-funded special 16,743
education related services unit operated by an educational
service center shall receive that program or those services from 16,744
that educational service center in fiscal year 1999 through a 16,745
contract entered into between the educational service center and 16,746
the students' school district of enrollment unless the service 16,747
center and district mutually agree that it is in the best
interests of students to provide the program or services in a 16,748
different manner. The contract for fiscal year 1999 shall 16,749
provide for payment to the service center by the students' school 16,750
district of enrollment for the program or services provided by 16,751
the service center. If the service center and school district 16,752
fail to agree on a payment amount for the students, they shall
notify the department of education and the department shall 16,753
determine the amount to be paid. If the service center and the 16,754
district disagree that it is in the best interests of students to 16,755
have the students receive the program or services in fiscal year 16,756
1999 from the service center, the district or service center 16,757
shall notify the department of education and, prior to March 31, 16,758
376
1998, the department shall determine what manner of program or
services in fiscal year 1999 is in the best interests of the 16,759
students.
Of the foregoing appropriation item 200-501, Base Cost 16,761
Funding, up to $1,000,000 in each fiscal year shall be used by 16,763
the Department of Education for a pilot program to pay for 16,764
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 16,765
facilities described in division (A) of the section titled 16,766
"Private Treatment Facility Pilot Project." 16,767
The remaining portion of this appropriation item shall be 16,769
expended for base cost funding for the public schools of city, 16,771
local, and exempted village school districts pursuant to 16,772
divisions (A) and (C) of section 3317.022 of the Revised Code. 16,773
Any amounts which were encumbered in fiscal year 1997 by the 16,774
Department of Education from appropriation item 200-501, School 16,775
Foundation Basic Allowance, for any of the uses described in 16,777
Section 45.05 of Am. Sub. H.B. 117 of the 121st General Assembly,
but which, on the effective date of this amendment of this 16,778
section, remain unexpended, may be used by the Department of 16,779
Education to make payments for the purposes of sections 3317.027 16,780
and 3317.028 of the Revised Code in excess of the amounts 16,781
specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st
General Assembly, for fiscal year 1997 obligations pursuant to 16,782
sections 3317.027 and 3317.028 of the Revised Code." 16,783
Section 12. That existing Section 50.06 of Am. Sub. H.B. 16,785
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 16,786
182 and Am. Sub. H.B. 650 of the 122nd General Assembly, is 16,787
hereby repealed.
Section 13. The enactment by this act of R.C. 3345.122 is 16,789
intended to confirm the enactment of the section by Am. Sub. H.B. 16,791
215 of the 122nd General Assembly, the biennial operating budget 16,792
measure. The Statement of the Reasons for the Veto of Items in 16,793
Amended Substitute House Bill 215, Item Number Three, states that 16,794
377
the Governor disapproved the enactment of the section, R.C. 16,795
3345.182, that immediately follows R.C. 3345.122 in Am. Sub. H.B. 16,796
215. In boxing R.C. 3345.182 to indicate this disapproval, 16,797
however, the Governor also boxed R.C. 3345.122. The Statement of 16,798
the Reasons for the Veto of Items, Item Number Three, indicates 16,799
no intention to disapprove R.C. 3345.122. And neither do the 16,800
Governor's disapprovals in the enacting clauses of the title and 16,801
Section 1 of Am. Sub. H.B. 215, where the Governor boxed the 16,802
intention to enact R.C. 3345.182, but not the intention to enact 16,803
R.C. 3345.122.
This section is subject to the referendum. 16,805
Section 14. Section 5733.04 of the Revised Code is 16,807
presented in this act as a composite of the section as amended by 16,808
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,809
Assembly, with the new language of neither of the acts shown in 16,811
capital letters. This is in recognition of the principle stated 16,812
in division (B) of section 1.52 of the Revised Code that such 16,813
amendments are to be harmonized where not substantively 16,814
irreconcilable and constitutes a legislative finding that such is 16,815
the resulting version in effect prior to the effective date of 16,816
this act.
Section 15. Section 5747.01 of the Revised Code is 16,818
presented in this act as a composite of the section as amended by 16,819
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 16,820
Assembly, with the new language of neither of the acts shown in 16,822
capital letters. This is in recognition of the principle stated 16,823
in division (B) of section 1.52 of the Revised Code that such 16,824
amendments are to be harmonized where not substantively 16,825
irreconcilable and constitutes a legislative finding that such is 16,826
the resulting version in effect prior to the effective date of 16,827
this act.
Section 16. Except as otherwise specifically provided in 16,829
this act, the codified and uncodified sections of law contained 16,830
in this act, and the items of law of which the codified and 16,831
378
uncodified sections of law contained in this act are composed, 16,832
are not subject to the referendum. Therefore, under Ohio 16,833
Constitution, Article II, Section 1d and section 1.471 of the 16,834
Revised Code, the codified and uncodified sections and items of 16,835
law contained in this act, except as otherwise specifically 16,836
provided in this act, go into immediate effect when this act 16,837
becomes law. 16,838
Section 17. Sections 3313.646, 3313.841, 3313.842, 16,840
3313.98, 3314.03, 3314.07, 3314.08, 3314.12, 3314.13, 3317.01, 16,841
3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 16,842
3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 16,843
3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 16,844
3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3323.091, and 16,845
3323.12 of the Revised Code and Section 50.11 of Am. Sub. H.B. 16,846
215 of the 122nd General Assembly (renumbered as section 3317.162 16,848
of the Revised Code), as contained in this act, and the items of 16,849
law of which such sections as contained in this act are composed, 16,850
are not subject to the referendum. Therefore, under Ohio 16,851
Constitution, Article II, Section 1d and section 1.471 of the 16,852
Revised Code, such sections and items of law are entitled to go 16,853
into immediate effect when this act becomes law. However, such 16,854
sections and items of law take effect on July 1, 1998, or the day 16,855
this act becomes law, whichever is later.
Section 18. Sections 101.34, 101.70, 101.71, 101.72, 16,857
101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 16,858
121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 16,859
133.06, 715.013, 718.01, 3315.171, 3315.181, 3345.122, 3704.14, 16,860
3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 16,861
4981.091, 5711.22, 5733.04, 5733.05, 5733.057, 5733.058, 16,862
5733.0611, 5733.12, 5733.40, 5733.401, 5733.402, 5733.98, 16,863
5747.01, 5747.08, 5747.401, 5747.43, 5747.98, and 5907.15 of the 16,864
Revised Code, as contained in this act, and the items of law of 16,865
which such sections as contained in this act are composed, are 16,866
subject to the referendum. Therefore, under Ohio Constitution, 16,867
379
Article II, Section 1c and section 1.471 of the Revised Code, 16,868
such sections and items of law take effect on the ninety-first 16,869
day after this act is filed with the Secretary of State. If, 16,870
however, a referendum petition is filed against any such section 16,871
or item of law, the section or item of law, unless rejected at 16,872
the referendum, takes effect at the earliest time permitted by 16,873
law.
Section 19. The repeal of section 5747.452 of the Revised 16,875
Code is subject to the referendum. Therefore, under Ohio 16,876
Constitution, Article II, Section 1c and section 1.471 of the 16,877
Revised Code, the repeal takes effect on the ninety-first day 16,878
after this act is filed with the Secretary of State. If, 16,879
however, a referendum petition is filed against the repeal, the 16,880
repeal, unless rejected at the referendum, takes effect at the 16,881
earliest time permitted by law. 16,882
Section 20. Uncodified sections of law contained in this 16,884
act, and items of law contained within the uncodified sections of 16,886
law contained in this act, that explicitly state they are subject 16,887
to the referendum are subject to the referendum. Therefore, 16,888
under Ohio Constitution, Article II, Section 1c and section 1.471 16,889
of the Revised Code, the uncodified sections and items of law 16,890
that explicitly state they are subject to the referendum take 16,891
effect on the ninety-first day after this act is filed with the 16,892
Secretary of State. If, however, a referendum petition is filed 16,893
against an uncodified section or item of law that explicitly 16,894
states it is subject to the referendum, the uncodified section or 16,895
item of law, unless rejected at the referendum, takes effect at 16,896
the earliest time permitted by law.
This section defines the effect of an uncodified section or 16,898
item of law explicitly stating that it is subject to the 16,899
referendum, but this section is not itself to be considered 16,900
explicitly to state that it is subject to the referendum. 16,901