LSC 123 0916-2 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 283 5
1999-2000 6
_________________________________________________________________ 9
A B I L L
To amend sections 109.081, 111.18, 117.14, 117.44, 11
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 12
120.28, 120.33, 122.011, 124.04, 124.07, 125.023,
125.04, 125.15, 125.28, 126.12, 126.21, 126.25, 13
126.31, 126.32, 127.16, 131.01, 149.30, 166.03, 14
166.05, 307.851, 307.98, 329.04, 329.06, 329.12,
901.41, 901.62, 901.63, 924.51, 924.55, 1155.07, 16
1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 17
1181.06, 1309.401, 1501.01, 1507.01, 1507.12,
1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 18
2305.232, 2949.17, 2949.19, 2949.20, 2949.201, 19
3109.17, 3109.18, 3375.90, 3383.08, 3517.152,
3701.04, 3702.52, 3702.57, 3702.58, 3702.68, 21
3705.24, 3721.31, 3721.33, 3734.02, 3734.05,
3734.06, 3734.57, 3734.82, 3734.87, 3734.901, 23
3742.03, 3742.04, 3742.05, 3742.08, 3742.19,
3745.11, 3748.07, 3748.13, 3750.02, 3793.10, 24
4105.17, 4112.12, 4115.34, 4163.07, 4301.10, 25
4301.30, 4301.43, 4511.191, 4511.83, 4703.36,
4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 26
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 27
4725.16, 4725.17, 4729.54, 4730.11, 4731.281, 29
4732.05, 4732.14, 4735.06, 4735.07, 4735.09,
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 30
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 31
4759.05, 4759.06, 4766.02, 4766.04, 4766.05, 32
4766.07, 4773.04, 4905.80, 4937.02, 4981.09,
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 33
5101.83, 5101.93, 5104.30, 5104.34, 5104.38,
2
5107.10, 5107.16, 5107.26, 5112.03, 5112.06, 34
5112.07, 5112.08, 5112.09, 5112.17, 5115.01, 35
5119.16, 5123.60, 5139.27, 5139.271, 5139.28, 37
5139.281, 5502.21, 5502.22, 5502.25, 5502.28,
5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 38
5709.632, 5733.05, 5733.33, 5739.31, 5743.08, 39
5743.14, 5743.55, 5743.59, 5743.99, 5747.11,
5749.02, 5907.11, 5907.13, 5907.141, 5907.15, 40
6109.01, 6109.21, and 6119.10; to enact sections 41
9.08, 117.441, 121.481, 131.39, 166.032, 173.011,
1181.18, 3353.06, 3701.043, 3701.044, 3702.111, 42
4115.101, 4117.24, 4723.282, 5101.331, 5101.50,
5101.501, 5101.502, 5101.51, 5101.511, 5101.512, 43
5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 44
5101.518, 5104.341, 5107.161, 5107.17, 5111.025,
5145.19, and 5145.20; and to repeal sections 45
101.64, 1155.131, 1163.17, 4121.07, 5107.77, and 46
5115.08 of the Revised Code; and to amend Section
5 of Am. Sub. S.B. 50 of the 121st General 47
Assembly, as subsequently amended; to amend 48
Section 153 of Am. Sub. H.B. 117 of the 121st 49
General Assembly, as subsequently amended; to 50
amend Section 3 of Am. Sub. H.B. 440 of the 121st 51
General Assembly, as subsequently amended; to
amend Section 3 of Am. Sub. H.B. 215 of the 122nd 52
General Assembly; to amend Sections 3.01, 3.03,
and 21 of Am. Sub. H.B. 850 of the 122nd General 53
Assembly; to amend Section 3 of Am. Sub. H.B. 621 54
of the 122nd General Assembly; to amend Section 4
of Sub. H.B. 167 of the 121st General Assembly, 55
as subsequently amended; to amend Section 4 of 56
Sub. H.B. 167 of the 121st General Assembly, as
subsequently amended, for the purpose of changing 57
its number to section 5101.86; to repeal Section 58
3
50.48 of Am. Sub. H.B. 215 of the 122nd General 59
Assembly; to repeal Section 25 of Am. Sub. H.B.
650 of the 122nd General Assembly; and to repeal 61
Section 17.03 of Am. Sub. H.B. 850 of the 122nd 62
General Assembly to make operating appropriations 63
for the biennium beginning July 1, 1999, and 64
ending June 30, 2001, and to provide
authorization and conditions for the operation of 65
state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 67
Section 1. That sections 109.081, 111.18, 117.14, 117.44, 69
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 120.33, 70
122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 126.12, 72
126.21, 126.25, 126.31, 126.32, 127.16, 131.01, 149.30, 166.03,
166.05, 307.851, 307.98, 329.04, 329.06, 329.12, 901.41, 901.62, 74
901.63, 924.51, 924.55, 1155.07, 1155.10, 1155.13, 1163.09, 76
1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 1507.01, 1507.12, 77
1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 2305.232, 2949.17,
2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 3375.90, 3383.08, 78
3517.152, 3701.04, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 80
3721.31, 3721.33, 3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 82
3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 83
3745.11, 3748.07, 3748.13, 3750.02, 3793.10, 4105.17, 4112.12, 84
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4511.191, 4511.83, 85
4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 4717.07, 87
4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 4729.54, 89
4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 4735.09,
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 4747.06, 91
4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 4766.04, 92
4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 5101.16, 94
5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 5104.30,
5104.34, 5104.38, 5107.10, 5107.16, 5107.26, 5112.03, 5112.06, 96
4
5112.07, 5112.08, 5112.09, 5112.17, 5115.01, 5119.16, 5123.60, 97
5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 5502.25,
5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 5709.632, 99
5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 5743.55, 5743.59,
5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 5907.141, 5907.15, 100
6109.01, 6109.21, and 6119.10 be amended; Section 4 of Sub. H.B. 102
167 of the 121st General Assembly, as amended by Sub. H.B. 710 of 103
the 121st General Assembly and Am. Sub. H.B. 215 of the 122nd 104
General Assembly, be amended and renumbered as section 5101.86; 105
and sections 9.08, 117.441, 121.481, 131.39, 166.032, 173.011, 106
1181.18, 3353.06, 3701.043, 3701.044, 3702.111, 4115.101, 107
4117.24, 4723.282, 5101.331, 5101.50, 5101.501, 5101.502, 109
5101.51, 5101.511, 5101.512, 5101.513, 5101.514, 5101.515, 110
5101.516, 5101.517, 5101.518, 5104.341, 5107.161, 5107.17,
5111.025, 5145.19, and 5145.20 of the Revised Code be enacted to 112
read as follows:
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 114
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 115
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 116
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 117
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 119
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 120
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 121
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 123
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 124
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 125
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 126
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 127
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 128
OF THE STUDY.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 137
collected by the attorney general, whether by employees or agents 139
of the attorney general or by special counsel pursuant to section 140
109.08 of the Revised Code, on claims due the state shall be paid 141
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into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 142
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 143
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 144
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 145
FUND. The fund shall be used for the payment of expenses 147
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 156
record of all fees collected by the secretary of state and, 157
except as otherwise provided in this section and in sections 158
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 159
the Revised Code, shall pay FIFTY PER CENT OF them into the state 160
treasury to the credit of the general revenue fund AND FIFTY PER 162
CENT OF THEM INTO THE STATE TREASURY TO THE CREDIT OF THE 163
CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND CREATED UNDER
SECTION 1309.401 OF THE REVISED CODE. The following ALL OF THE 164
fees COLLECTED UNDER DIVISIONS (I)(2) AND (N) OF SECTION 111.16 165
OF THE REVISED CODE shall be paid into the state treasury to the 167
credit of the THAT corporate and uniform commercial code filing 168
fund created in section 1309.401 of the Revised Code: 170
(1) Twenty-five dollars of each fee collected under 172
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 174
the Revised Code;
(2) Twenty-five dollars of each fee collected under 176
division (C) of section 1703.031 of the Revised Code; 178
(3) All fees collected under divisions (I)(2) and (N) of 181
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 183
Revised Code; 184
(5) Each fifty-dollar fee for amendments filed by foreign 186
nonprofit corporations under section 1703.27 of the Revised Code. 188
(B) The secretary of state may implement a credit card 190
payment program permitting payment of any fee charged by the 191
secretary of state by means of a credit card. The secretary of 192
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state may open an account outside the state treasury in a 193
financial institution for the purpose of depositing credit card 194
receipts. Within forty-eight hours following the deposit of the 196
receipts, the financial institution shall make available to the 197
secretary of state funds in the amount of the receipts. The 198
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 199
otherwise provided by the Revised Code. 200
The secretary of state may pay the cost of any service 202
charge required by a financial institution or credit card company 203
in connection with a credit card payment program. 204
The secretary of state shall adopt rules as necessary to 206
carry out the purposes of this division. The rules shall include 207
standards for determining eligible financial institutions and the 208
manner in which funds shall be made available and shall be 209
consistent with the standards contained in sections 135.03, 210
135.18, and 135.181 of the Revised Code. 211
Sec. 117.14. A biennial AN ANNUAL audit of the office of 220
the auditor of state shall be made by an independent certified 222
public accountant appointed by a committee consisting of the 223
governor and the chairmen CHAIRPERSONS of the finance committees 224
of the senate and the house of representatives. The committee 226
shall make the appointment by the second Monday of October in 227
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 228
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 230
the contract terms of the audit, which shall cover the period 232
beginning the second Monday of January of the current year and 233
ending the day preceding the second Monday of January of the next 234
odd-numbered year.
Not later than six months after the end of the biennial 236
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 238
accountant shall submit a report of his THE audit COMPLETED UNDER 239
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 240
member of the committee. One copy OF THE AUDIT REPORT shall be 241
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filed with the state library for public inspection. An THE audit 242
report completed pursuant to this section is not a public record 243
under section 149.43 of the Revised Code until it is filed with 244
the state library. 245
The records of the auditor of state shall be made available 247
to the accountant. The accountant shall be paid from the general 248
revenue fund from an appropriation made for that purpose to the 249
office of budget and management. 250
If an auditor of state is for any reason unable to complete 252
his statutory term of office, there shall be an audit of the 254
office in addition to and in the same manner as the biennial 255
audit provided for in this section. 256
Sec. 117.44. To enhance local officials' background and 265
working knowledge of government accounting, budgeting and 266
financing, financial report preparation, and the rules adopted by 267
the auditor of state, the auditor of state shall hold training 268
programs for persons elected for the first time as township 269
clerks, city auditors, and village clerks, between the first day 270
of December and the fifteenth day of February immediately 271
following a general election for any of these offices. Similar 272
training may also be provided to any township clerk, city 273
auditor, or village clerk who is appointed to fill a vacancy or 274
who is elected in a special election. 275
The auditor of state also shall develop and provide an 277
annual training program of continuing education for village 278
clerks.
The auditor of state shall determine the manner, content, 280
and length of the training programs after consultation with 281
appropriate statewide organizations of local governmental 282
officials. The auditor of state shall charge the political 283
subdivisions that the trainees represent a registration fee that 284
will meet actual and necessary expenses of the training, 285
including instructor fees, site acquisition costs, and the cost 286
of course materials. The necessary personal expenses incurred by 287
8
the officials as a result of attending the training program shall 288
be borne by the political subdivisions they represent. 289
The auditor of state shall allow any other interested 291
person to attend any of the training programs that the auditor of 292
state holds pursuant to this section; provided, that before 294
attending any such training program, the interested person shall 295
pay to the auditor of state the full registration fee that the 296
auditor of state has set for the training program. 297
There is hereby established in the state treasury the 299
auditor of state training program fund, to be used by the auditor 300
of state for the actual and necessary expenses of any training 301
programs held pursuant to this section, SECTION 117.441, or 303
section 321.46 of the Revised Code. All registration fees 305
collected under this section shall be paid into the fund. 306
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 308
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 309
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 310
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 311
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 312
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 313
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 315
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 316
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 318
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 319
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 320
Sec. 117.45. (A) The auditor of state shall draw warrants 329
against the treasurer of state pursuant to all requests for 330
payment that the director of budget and management has approved 331
under section 126.07 of the Revised Code. 332
(B) Unless the director of human services has provided for 334
the making of payments by electronic benefit transfer, if a 335
financial institution and account have been designated by the 336
participant or recipient, payment by the auditor of state to a 337
participant in the Ohio works first program pursuant to Chapter 339
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5107. of the Revised Code or a recipient of disability assistance 341
pursuant to Chapter 5115. of the Revised Code shall be made by 342
direct deposit to the account of the participant or recipient in 343
the financial institution. Payment by the auditor of state to a 345
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 346
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 347
of the Revised Code shall be by electronic benefit transfer. 348
Payment by the auditor of state as compensation to an employee of 350
the state who has, pursuant to section 124.151 of the Revised 351
Code, designated a financial institution and account for the 352
direct deposit of such payments shall be made by direct deposit 353
to the account of the employee. Payment to any other payee who 354
has designated a financial institution and account for the direct 355
deposit of such payment may be made by direct deposit to the 356
account of the payee in the financial institution as provided in 357
section 9.37 of the Revised Code. The auditor of state shall 358
contract with an authorized financial institution for the 359
services necessary to make direct deposits or electronic benefit 360
transfers under this division and draw lump sum warrants payable 361
to that institution in the amount to be transferred. Accounts 362
maintained by the auditor of state or the auditor of state's 363
agent in a financial institution for the purpose of effectuating 364
payment by direct deposit or electronic benefit transfer shall be 365
maintained in accordance with section 135.18 of the Revised Code. 366
(C) All other payments from the state treasury shall be 368
made by paper warrants OR BY DIRECT DEPOSIT payable to the 369
respective payees. The auditor of state may mail the paper 371
warrants to the respective payees or distribute them through 372
other state agencies, whichever the auditor of state determines 373
to be the better procedure.
(D) If the average per transaction cost the auditor of 375
state incurs in making direct deposits for a state agency exceeds 376
the average per transaction cost the auditor of state incurs in 378
drawing paper warrants for all public offices during the same 379
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period of time, the auditor of state may certify the difference 380
in cost and the number of direct deposits for the agency to the 382
director of administrative services. The director shall 383
reimburse the auditor of state for such additional costs and add 384
the amount to the processing charge assessed upon the state 385
agency.
Sec. 118.01. As used in this chapter: 394
(A) "Advance tax payment notes" means the notes authorized 396
by section 118.24 of the Revised Code. 397
(B) "Appropriation measure" means any appropriation 399
measure, amendment of an appropriation measure, or supplement to 400
an appropriation measure of a municipal corporation, county, or 402
township referred to in sections 5705.38 and 5705.40 of the 403
Revised Code and any other action of a municipal corporation, 404
county, or township authorizing expenditure of money not 405
previously included in any appropriation measure. 406
(C) "Bond anticipation notes" means notes issued in 408
anticipation of the issuance of bonds. 409
(D) "Certificate of estimated resources" means the 411
official certificate of estimated resources of the county budget 412
commission and amendments of the certificate certified to the 413
municipal corporation, county, or township as provided for in 415
Chapter 5705. of the Revised Code. 416
(E) "Commission" means a financial planning and 418
supervision commission created by section 118.05 of the Revised 419
Code with respect to a municipal corporation, county, or 421
township.
(F) "Construction funds" means proceeds from the sale of 423
debt obligations restricted by law or pursuant to the proceedings 424
for the issuance of such debt obligations to use for permanent 425
improvements as defined in division (E) of section 5705.01 of the 426
Revised Code, including acquisition, construction, or extension 427
of public utilities, and moneys from any other sources restricted 428
to such purpose. 429
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(G) "County auditor" means the county auditor with whom 431
tax budgets of the municipal corporation, county, or township are 434
to be filed in accordance with section 5705.30 of the Revised 435
Code.
(H) "County budget commission" means the county budget 437
commission to which the tax budget of the municipal corporation, 439
county, or township is to be submitted in accordance with section 440
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 442
described in section 133.10 or Chapter 5705. of the Revised Code 443
or any other debt obligations issued to obtain funds for current 444
operating expenses. 445
(J) "Debt limits" means the limitations on net 447
indebtedness provided in sections 133.05, 133.07, and 133.09 of 449
the Revised Code, and also includes the limitation, known as the 450
"indirect debt limit," upon the issuance of unvoted bonds, notes, 451
or certificates of indebtedness resulting from the ten-mill 452
limitation provided for in section 5705.02 of the Revised Code. 453
(K) "Debt obligations" means bonds, notes, certificates of 455
indebtedness, bond anticipation notes, current revenue notes, 456
local government fund notes, or other obligations issued or 457
incurred in borrowing money, or to renew, refund, fund, or 458
refinance, or issued in exchange for, such obligations, and any 459
interest coupons pertaining thereto other than bonds or other 460
obligations issued under authority of Section 13 of Article VIII, 461
Ohio Constitution. 462
(L) "Default" means failure to pay the principal of or the 464
interest on a debt obligation, or failure to make other payment 465
to be made to the holder or owner of a debt obligation, in the 466
full amount and at the time provided for in the contractual 467
commitment with respect thereto, unless the time for such payment 468
has been extended by the owner or holder of the debt obligation 469
without penalty or premium and without the effect of subjecting 470
the municipal corporation, county, or township to the initiation 472
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of remedies pertaining to such debt obligation or other debt 473
obligations.
(M) "Deficit fund" means the general fund or any special 475
fund that, as at the time indicated, has a deficit balance or a 476
balance that is less than the amount required to be in such fund 477
pursuant to law or pursuant to contractual requirements, 478
demonstrating that over a period of time expenditures charged or 479
chargeable to the fund have exceeded moneys credited to the fund, 480
or that moneys credited to the fund have not been in the amounts 481
required by law or contractual requirements. 482
(N) "Effective financial accounting and reporting system" 484
means an accounting and reporting system fully in compliance with 485
the requirements prescribed by and pursuant to Chapter 117. of 486
the Revised Code, with such modifications and supplements as are 487
to be provided pursuant to this chapter in order to meet and deal 488
with the fiscal emergency, provide to the auditor of state, the 489
commission, the financial supervisor, and the county budget 490
commission the information needed to carry out their functions, 491
and better ensure the implementation of the financial plan. 492
(O) "Financial plan" means the financial plan approved by 494
the commission in accordance with section 118.06 of the Revised 495
Code, as it may from time to time be amended in accordance with 496
this chapter. 497
(P) "Financial supervisor" means the auditor of state or a 500
firm of certified public accountants retained by a financial 501
planning and supervision commission pursuant to division (G) of 502
section 118.05 of the Revised Code with respect to a municipal 503
corporation, county, or township. 504
(Q) "Fiscal emergency" means the existence of fiscal 506
emergency conditions determined as provided in section 118.04 of 507
the Revised Code. 508
(R) "Fiscal emergency conditions" means any of the events 510
or occurrences described in section 118.03 of the Revised Code. 511
(S) "Fiscal emergency period" means the period of time 513
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commencing on the date when the determination of a fiscal 514
emergency is made by the auditor of state pursuant to section 515
118.04 of the Revised Code and ending when the determination of 516
termination is made and certified pursuant to section 118.27 of 517
the Revised Code. 518
(T) "Fiscal watch" means the existence of fiscal watch 520
conditions as determined in accordance with section 118.022 of 521
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 523
municipal corporation, county, or township as defined in division 525
(D) of section 5705.01 of the Revised Code. 526
(V) "Fringe benefits" means expenditures for goods and 528
services furnished to municipal, county, or township officers or 529
employees by the municipal corporation, county, or township, 531
including, but not limited to, such benefits as food, temporary 533
housing, and clothing, and the provision of pension, retirement, 534
disability, hospitalization, health care, insurance, or other 535
benefits to employees requiring the advance payment of money 536
other than directly to employees or other beneficiaries, or the 537
deposit or reservation of money for such purpose. 538
(W) "General fund" means the fund referred to in division 540
(A) of section 5705.09 of the Revised Code. 541
(X) "General fund budget" means aggregate revenues 543
available in the general fund during the applicable fiscal year 544
as shown by the certificate of estimated resources. 545
(Y) "Mayor" means the officer of the municipal corporation 548
designated as such by law or the chief executive officer under 549
the charter of the municipal corporation. 550
(Z) "Payroll" means compensation due and payable to 552
employees of the municipal corporation, county, or township, 554
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 556
receipts to the credit of the general fund and special funds as 557
estimated and supplemented, modified, or amended by the municipal 559
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corporation, county, or township, or the county budget 560
commission.
(BB) "Special funds" means any of the funds, other than 562
the general fund, referred to in sections 5705.09 and 5705.12 of 563
the Revised Code, and includes any fund created from the issuance 564
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 565
Ohio Constitution, and any fund created in connection with the 566
issuance of debt obligations to provide moneys for the payment of 567
principal or interest, reserves therefor, or reserves or funds 568
for repair, maintenance, or improvements. 569
(CC) "Tax budget" means the tax budget provided for in 571
section 5705.28 of the Revised Code. 572
Sec. 118.05. (A) Pursuant to the powers of the general 581
assembly and for the purposes of this chapter, upon the 582
occurrence of a fiscal emergency in any municipal corporation, 584
county, or township, as determined pursuant to section 118.04 of 585
the Revised Code, there is established, with respect to that 586
municipal corporation, county, or township, a body both corporate 588
and politic constituting an agency and instrumentality of the 589
state and performing essential governmental functions of the 590
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 591
county, or township)," which, in that name, may exercise all 593
authority vested in such a commission by this chapter. A 594
separate commission is established with respect to each municipal 595
corporation, county, or township as to which there is a fiscal 596
emergency as determined under this chapter. 597
(B) A ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A 599
commission shall consist of the following seven FIVE voting 601
members:
(1) Four THREE ex officio members: the treasurer of 604
state,; the director of budget and management,; in the case of a 605
municipal corporation, the mayor of the municipal corporation and 607
the presiding officer of the legislative authority of the 608
15
municipal corporation,; in the case of a county, the president of 609
the board of county commissioners and the county auditor,; and in 610
the case of a township, a member of the board of township 612
trustees and the county auditor.
The treasurer of state may designate a deputy treasurer or 614
director within the office of the treasurer of state OR ANY OTHER 615
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 616
STATE'S OFFICE; the director of budget and management may 618
designate an individual within the office of budget and 619
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 620
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 621
responsible official within his THE MAYOR'S office or the fiscal 623
officer of the municipal corporation; the presiding officer of 625
the legislative authority of the municipal corporation may 626
designate any other member of the legislative authority; the 628
board of county commissioners may designate any other member of 629
the board or the fiscal officer of the county; and the board of 630
township trustees may designate any other member of the board or 631
the fiscal officer of the township to attend the meetings of the 632
commission when the ex officio member making the designation is 633
absent or unable for any reason to attend. A designee, when 634
present, shall be counted in determining whether a quorum is 635
present at any meeting of the commission and may vote and 636
participate in all proceedings and actions of the commission. 637
The designations shall be in writing, executed by the EX OFFICIO 638
member OR ENTITY making the designation, and filed with the 640
secretary of the commission. The designations may be changed 641
from time to time in like manner, but due regard shall be given 642
to the need for continuity.
(2) Three TWO members nominated and appointed as follows: 644
The mayor and presiding officer of the legislative 646
authority of the municipal corporation, the board of county 648
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 650
16
auditor of state under section 118.04 of the Revised Code, submit 651
in writing to the governor the nomination of five FOUR persons 652
agreed to by them and meeting the qualifications set forth in 654
this division. If the governor is not satisfied that at least 655
three TWO of the nominees are well qualified, the governor shall 657
notify the mayor and presiding officer, or the board of county 659
commissioners, or the board of township trustees to submit in 660
writing, within five days, additional nominees agreed upon by 661
them, not exceeding three. The governor shall appoint three TWO 662
members from all the agreed-upon nominees so submitted or a 663
lesser number that the governor considers well qualified WITHIN 665
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 667
remaining positions on the commission by appointment of any other 668
persons meeting the qualifications set forth in this division. 669
All appointments by the governor shall be made with the advice 670
and consent of the senate. Each of the three TWO appointed 671
members shall serve during the life of the commission, subject to 673
removal by the governor for misfeasance, nonfeasance, or 674
malfeasance in office. In the event of the death, resignation, 675
incapacity, removal, or ineligibility to serve of an appointed 676
member, the governor, pursuant to the process for original 677
appointment, shall appoint a successor. 678
Each ONE of the three TWO appointed members shall be an 681
individual:
(a) Who WHO has knowledge and experience in financial 683
matters, financial management, or business organization or 684
operations, including at least five years of experience in the 685
private sector in the management of business or financial 686
enterprise, or in management consulting, public accounting, or 687
other professional activity; 688
(b) Whose residency, office, or principal place of 690
professional or business activity is situated within. ONE OF THE 692
TWO APPOINTED MEMBERS SHALL BE A RESIDENT OF the municipal 693
corporation, county, or township;.
17
(c) Who NEITHER OF THE TWO APPOINTED MEMBERS SHALL BE A 695
PERSON WHO has not, at any time during the five years preceding 697
the date of appointment, held any elected public office. AN 698
An appointed member of the commission shall not become a 700
candidate for elected public office while serving as a member of 701
the commission. 702
(C) Immediately after appointment of the initial three TWO 704
appointed members of the commission, the governor shall call the 705
first meeting of the commission and shall cause written notice of 706
the time, date, and place of the first meeting to be given to 707
each member of the commission at least forty-eight hours in 708
advance of the meeting. 709
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 711
elect one of its members SERVE as chairperson and another OF THE 713
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 714
SERVE as vice-chairperson, and may appoint a secretary and any 716
other officers, who need not be members of the commission, it 717
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 719
which shall not be subject to section 111.15 or Chapter 119. of 720
the Revised Code, for the conduct of its affairs and for the 721
manner, subject to this chapter, in which its powers and 722
functions shall be exercised and embodied. 723
(F) Five THREE members of the commission constitute a 725
quorum of the commission. The affirmative vote of five THREE 726
members of the commission is necessary for any action taken by 728
vote of the commission. No vacancy in the membership of the 729
commission shall impair the rights of a quorum by such vote to 730
exercise all the rights and perform all the duties of the 731
commission. Members of the commission, and their designees, are 732
not disqualified from voting by reason of the functions of the 733
other office they hold and are not disqualified from exercising 734
the functions of the other office with respect to the municipal 735
corporation, county, or township, its officers, or the 737
18
commission.
(G) The commission shall retain a AUDITOR OF STATE SHALL 739
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 741
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 743
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 745
professional competence in matters relating to this chapter, 746
engaged by the commission pursuant to a contract approved by the 747
controlling board. 748
(H) At the request of the commission, the auditor of state 750
shall designate employees of the auditor of state's office to 752
assist the commission and the financial supervisor and to 753
coordinate the work of the auditor of state's office and the 754
financial supervisor. Upon the determination of a fiscal 755
emergency in any municipal corporation, county, or township, the 756
municipal corporation, county, or township shall provide the 758
commission with such reasonable office space in the principal 759
building housing city, county, or township government, where 761
feasible, as it determines is necessary to carry out its duties 762
under this chapter.
(I) The financial supervisor, the members of the 764
commission, the auditor of state, and any person authorized to 765
act on behalf of or assist them shall not be personally liable or 766
subject to any suit, judgment, or claim for damages resulting 767
from the exercise of or failure to exercise the powers, duties, 768
and functions granted to them in regard to their functioning 769
under this chapter, but the commission, the financial supervisor, 770
the auditor of state, and such THOSE other persons shall be 771
subject to mandamus proceedings to compel performance of their 773
duties under this chapter and with respect to any debt 774
obligations issued pursuant or subject to this chapter. 775
(J) At the request of the commission, the administrative 777
head of any state agency shall temporarily assign personnel 778
skilled in accounting and budgeting procedures to assist the 779
19
commission or the financial supervisor in its duties as financial 780
supervisor. 781
(K) The appointed members of the commission are not 783
subject to section 102.02 of the Revised Code. Each appointed 784
member of the commission shall file with the commission a signed 785
written statement setting forth the general nature of sales of 786
goods, property, or services or of loans to the municipal 788
corporation, county, or township with respect to which that 789
commission is established, in which the appointed member has a 791
pecuniary interest or in which any member of the appointed 792
member's immediate family, as defined in section 102.01 of the 793
Revised Code, or any corporation, partnership, or enterprise of 794
which the appointed member is an officer, director, or partner, 796
or of which the appointed member or a member of the appointed 798
member's immediate family, as so defined, owns more than a five 799
per cent interest, has a pecuniary interest, and of which sale, 800
loan, or interest such member has knowledge. The statement shall 801
be supplemented from time to time to reflect changes in the 802
general nature of any such sales or loans. 803
Sec. 120.04. (A) The state public defender shall serve at 812
the pleasure of the Ohio public defender commission and shall be 813
an attorney with a minimum of four years of experience in the 814
practice of law and be admitted to the practice of law in this 815
state at least one year prior to appointment. 816
(B) The state public defender shall do all of the 818
following:
(1) Maintain a central office in Columbus. The central 820
office shall be provided with a library of adequate size, 821
considering the needs of the office and the accessibility of 822
other libraries, and other necessary facilities and equipment. 823
(2) Appoint assistant state public defenders, all of whom 825
shall be attorneys admitted to the practice of law in this state, 826
and other personnel necessary for the operation of the state 827
public defender office. Assistant state public defenders shall 828
20
be appointed on a full-time basis. The state public defender, 829
assistant state public defenders, and employees appointed by the 830
state public defender shall not engage in the private practice of 831
law. 832
(3) Supervise the compliance of county public defender 834
offices, joint county public defender offices, and county 835
appointed counsel systems with standards established by rules of 836
the Ohio public defender commission pursuant to division (B) of 837
section 120.03 of the Revised Code; 838
(4) Keep and maintain financial records of all cases 840
handled and develop records for use in the calculation of direct 841
and indirect costs, in the operation of the office, and report 842
periodically, but not less than annually, to the commission on 843
all relevant data on the operations of the office, costs, 844
projected needs, and recommendations for legislation or 845
amendments to court rules, as may be appropriate to improve the 846
criminal justice system; 847
(5) Collect all moneys due the state for reimbursement for 849
legal services under this chapter and under section 2941.51 of 850
the Revised Code and institute any actions in court on behalf of 852
the state for the collection of such sums that the state public 853
defender considers advisable. Except as provided otherwise in 854
division (D) of section 120.06 of the Revised Code, all moneys 855
collected by the state public defender under this chapter and 856
section 2941.51 of the Revised Code shall be deposited in the 858
state treasury to the credit of the client payment fund, which is 859
hereby created. All moneys credited to the fund shall be used by 861
the state public defender to appoint assistant state public 862
defenders and to provide other personnel, equipment, and 863
facilities necessary for the operation of the state public 864
defender office, to reimburse counties for the operation of 865
county public defender offices, joint county public defender 866
offices, and county appointed counsel systems pursuant to 867
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 868
21
provide assistance to counties in the operation of county 869
indigent defense systems.
(6) With respect to funds appropriated to the commission 871
to pay criminal costs, perform the duties imposed by section 872
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 873
(7) Establish standards and guidelines for the 875
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 876
2941.51, and 2949.19 of the Revised Code, of counties for the 877
operation of county public defender offices, joint county public 878
defender offices, and county appointed counsel systems and for 879
other costs related to felony prosecutions; 880
(8) Establish maximum amounts that the state will 882
reimburse the counties pursuant to sections 120.18, 120.28, 883
120.33, and 2941.51 of the Revised Code; 884
(9) Establish maximum amounts that the state will 886
reimburse the counties pursuant to section 120.33 of the Revised 887
Code for each specific type of legal service performed by a 888
county appointed counsel system; 889
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 891
and 2949.19 of the Revised Code and make reimbursements pursuant 892
to those sections; 893
(11) Administer the program established pursuant to 895
sections 120.51 to 120.55 of the Revised Code for the charitable 896
public purpose of providing financial assistance to legal aid 897
societies. Neither the state public defender nor any of the 898
state public defender's employees who is responsible in any way 900
for the administration of that program and who performs those 901
administrative responsibilities in good faith is in any manner 903
liable if a legal aid society that is provided financial 904
assistance under the program uses the financial assistance other 905
than in accordance with sections 120.51 to 120.55 of the Revised 906
Code or fails to comply with the requirements of those sections. 907
(12) Establish an office for the handling of appeal and 909
postconviction matters; 910
22
(13) Provide technical aid and assistance to county public 913
defender offices, joint county public defender offices, and other 914
local counsel providing legal representation to indigent persons, 915
including representation and assistance on appeals. 916
(C) The state public defender may do any of the following: 918
(1) In providing legal representation, conduct 920
investigations, obtain expert testimony, take depositions, use 921
other discovery methods, order transcripts, and make all other 922
preparations which are appropriate and necessary to an adequate 923
defense or the prosecution of appeals and other legal 924
proceedings; 925
(2) Seek, solicit, and apply for grants for the operation 927
of programs for the defense of indigent persons from any public 928
or private source, and may receive donations, grants, awards, and 929
similar funds from any lawful source. Such funds shall be 930
deposited in the state treasury to the credit of the public 931
defender gifts and grants fund, which is hereby created. 932
(3) Make all the necessary arrangements to coordinate the 934
services of the office with any federal, county, or private 935
programs established to provide legal representation to indigent 936
persons and others, and to obtain and provide all funds allowable 937
under any such programs; 938
(4) Consult and cooperate with professional groups 940
concerned with the causes of criminal conduct, the reduction of 941
crime, the rehabilitation and correction of persons convicted of 942
crime, the administration of criminal justice, and the 943
administration and operation of the state public defender's 944
office; 945
(5) Accept the services of volunteer workers and 947
consultants at no compensation other than reimbursement for 948
actual and necessary expenses; 949
(6) Prescribe any forms that are necessary for the uniform 951
operation of this chapter; 952
(7) Contract with a county public defender commission or a 954
23
joint county public defender commission to provide all or any 955
part of the services that a county public defender or joint 956
county public defender is required or permitted to provide by 957
this chapter, or contract with a board of county commissioners of 958
a county that is not served by a county public defender 959
commission or a joint county public defender commission for the 960
provision of services in accordance with section 120.33 of the 961
Revised Code. All money received by the state public defender 962
pursuant to such a contract shall be credited to EITHER the 963
county representation fund created pursuant to division (D) of 964
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 965
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 966
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 967
(8) Authorize persons employed as criminal investigators 969
to attend the Ohio peace officer training academy or any other 970
peace officer training school for training; 971
(9) Procure a policy or policies of malpractice insurance 973
that provide coverage for the state public defender and assistant 974
state public defenders in connection with malpractice claims that 975
may arise from their actions or omissions related to 976
responsibilities derived pursuant to this chapter. 977
(D) No person employed by the state public defender as a 979
criminal investigator shall attend the Ohio peace officer 980
training academy or any other peace officer training school 981
unless authorized to do so by the state public defender. 982
Sec. 120.06. (A)(1) The state public defender, when 991
designated by the court or requested by a county public defender 992
or joint county public defender, may provide legal representation 993
in all courts throughout the state to indigent adults and 994
juveniles who are charged with the commission of an offense or 995
act for which the penalty or any possible adjudication includes 996
the potential loss of liberty. 997
(2) The state public defender may provide legal 999
representation to any indigent person who, while incarcerated in 1,000
24
any state correctional institution, is charged with a felony 1,001
offense, for which the penalty or any possible adjudication that 1,002
may be imposed by a court upon conviction includes the potential 1,003
loss of liberty. 1,004
(3) The state public defender may provide legal 1,006
representation to any person incarcerated in any correctional 1,007
institution of the state, in any matter in which the person 1,008
asserts the person is unlawfully imprisoned or detained. 1,009
(4) The state public defender, in any case in which the 1,011
state public defender has provided legal representation or is 1,012
requested to do so by a county public defender or joint county 1,013
public defender, may provide legal representation on appeal. 1,014
(5) The state public defender, when designated by the 1,016
court or requested by a county public defender, joint county 1,017
public defender, or the director of rehabilitation and 1,018
correction, shall provide legal representation in parole and 1,019
probation revocation matters, unless the state public defender 1,020
finds that the alleged parole or probation violator has the 1,021
financial capacity to retain the alleged violator's own counsel. 1,023
(6) If the state public defender contracts with a county 1,025
public defender commission, a joint county public defender 1,026
commission, or a board of county commissioners for the provision 1,027
of services, under authority of division (C)(7) of section 120.04 1,028
of the Revised Code, the state public defender shall provide 1,029
legal representation in accordance with the contract. 1,030
(B) The state public defender shall not be required to 1,032
prosecute any appeal, postconviction remedy, or other proceeding 1,033
pursuant to division (A)(3), (4), or (5) of this section, unless 1,034
the state public defender first is satisfied that there is 1,035
arguable merit to the proceeding. 1,036
(C) A court may appoint counsel or allow an indigent 1,038
person to select the indigent's own personal counsel to assist 1,039
the state public defender as co-counsel when the interests of 1,040
justice so require. When co-counsel is appointed to assist the 1,041
25
state public defender, the co-counsel shall receive any 1,042
compensation that the court may approve, not to exceed the 1,043
amounts provided for in section 2941.51 of the Revised Code. 1,044
(D) When the state public defender is designated by the 1,046
court or requested by a county public defender or joint county 1,047
public defender to provide legal representation for an indigent 1,048
person in any case, other than pursuant to a contract entered 1,049
into under authority of division (C)(7) of section 120.04 of the 1,050
Revised Code, the state public defender shall send to the county 1,051
in which the case is filed an itemized bill for fifty per cent of 1,052
the actual cost of the representation. The county, upon receipt 1,053
of an itemized bill from the state public defender pursuant to 1,054
this division, shall pay fifty per cent of the actual cost of the 1,055
legal representation as set forth in the itemized bill. There is 1,056
hereby created in the state treasury the county representation 1,057
fund for the deposit of moneys received from counties under this 1,058
division. All moneys credited to the fund shall be used by the 1,059
state public defender to provide legal representation for 1,060
indigent persons when designated by the court or requested by a 1,061
county or joint county public defender. 1,062
(E)(1) Notwithstanding any contrary provision of sections 1,064
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 1,065
Code that pertains to representation by the attorney general, an 1,066
assistant attorney general, or special counsel of an officer or 1,067
employee, as defined in section 109.36 of the Revised Code, or of 1,068
an entity of state government, the state public defender may 1,069
elect to contract with, and to have the state pay pursuant to 1,070
division (E)(2) of this section for the services of, private 1,071
legal counsel to represent the Ohio public defender commission, 1,072
the state public defender, assistant state public defenders, 1,073
other employees of the commission or the state public defender, 1,074
and attorneys described in division (C) of section 120.41 of the 1,075
Revised Code in a malpractice or other civil action or proceeding 1,076
that arises from alleged actions or omissions related to 1,077
26
responsibilities derived pursuant to this chapter, or in a civil 1,078
action that is based upon alleged violations of the constitution 1,079
or statutes of the United States, including section 1983 of Title 1,080
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1,081
1983, as amended, and that arises from alleged actions or 1,082
omissions related to responsibilities derived pursuant to this 1,083
chapter, if the state public defender determines, in good faith, 1,084
that the defendant in the civil action or proceeding did not act 1,085
manifestly outside the scope of the defendant's employment or 1,086
official responsibilities, with malicious purpose, in bad faith, 1,087
or in a wanton or reckless manner. If the state public defender 1,088
elects not to contract pursuant to this division for private 1,089
legal counsel in a civil action or proceeding, then, in 1,090
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 1,091
120.03 of the Revised Code, the attorney general shall represent 1,092
or provide for the representation of the Ohio public defender 1,093
commission, the state public defender, assistant state public 1,094
defenders, other employees of the commission or the state public 1,095
defender, or attorneys described in division (C) of section 1,096
120.41 of the Revised Code in the civil action or proceeding. 1,097
(2)(a) Subject to division (E)(2)(b) of this section, 1,099
payment from the state treasury for the services of private legal 1,100
counsel with whom the state public defender has contracted 1,101
pursuant to division (E)(1) of this section shall be accomplished 1,102
only through the following procedure: 1,103
(i) The private legal counsel shall file with the attorney 1,105
general a copy of the contract; a request for an award of legal 1,106
fees, court costs, and expenses earned or incurred in connection 1,107
with the defense of the Ohio public defender commission, the 1,108
state public defender, an assistant state public defender, an 1,109
employee, or an attorney in a specified civil action or 1,110
proceeding; a written itemization of those fees, costs, and 1,111
expenses, including the signature of the state public defender 1,112
and the state public defender's attestation that the fees, costs, 1,114
27
and expenses were earned or incurred pursuant to division (E)(1) 1,115
of this section to the best of the state public defender's 1,116
knowledge and information; a written statement whether the fees, 1,118
costs, and expenses are for all legal services to be rendered in 1,119
connection with that defense, are only for legal services 1,120
rendered to the date of the request and additional legal services 1,121
likely will have to be provided in connection with that defense, 1,122
or are for the final legal services rendered in connection with 1,123
that defense; a written statement indicating whether the private 1,124
legal counsel previously submitted a request for an award under 1,125
division (E)(2) of this section in connection with that defense 1,126
and, if so, the date and the amount of each award granted; and, 1,127
if the fees, costs, and expenses are for all legal services to be 1,128
rendered in connection with that defense or are for the final 1,129
legal services rendered in connection with that defense, a 1,130
certified copy of any judgment entry in the civil action or 1,131
proceeding or a signed copy of any settlement agreement entered 1,132
into between the parties to the civil action or proceeding. 1,133
(ii) Upon receipt of a request for an award of legal fees, 1,135
court costs, and expenses and the requisite supportive 1,136
documentation described in division (E)(2)(a)(i) of this section, 1,137
the attorney general shall review the request and documentation; 1,138
determine whether any of the limitations specified in division 1,139
(E)(2)(b) of this section apply to the request; and, if an award 1,140
of legal fees, court costs, or expenses is permissible after 1,141
applying the limitations, prepare a document awarding legal fees, 1,142
court costs, or expenses to the private legal counsel. The 1,143
document shall name the private legal counsel as the recipient of 1,144
the award; specify the total amount of the award as determined by 1,145
the attorney general; itemize the portions of the award that 1,146
represent legal fees, court costs, and expenses; specify any 1,147
limitation applied pursuant to division (E)(2)(b) of this section 1,148
to reduce the amount of the award sought by the private legal 1,149
counsel; state that the award is payable from the state treasury 1,150
28
pursuant to division (E)(2)(a)(iii) of this section; and be 1,151
approved by the inclusion of the signatures of the attorney 1,152
general, the state public defender, and the private legal 1,153
counsel. 1,154
(iii) The attorney general shall forward a copy of the 1,156
document prepared pursuant to division (E)(2)(a)(ii) of this 1,157
section to the director of budget and management. The AWARD OF 1,158
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 1,159
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 1,160
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 1,161
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 1,162
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 1,163
director shall make application for the payment of the award of 1,165
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 1,166
out of the emergency purposes account or any other appropriation 1,168
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 1,169
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,170
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 1,171
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 1,173
account or any other appropriation for emergencies or 1,174
contingencies shall be authorized if there are sufficient moneys 1,175
greater than the sum total of then pending emergency purposes 1,176
account requests, or requests for releases from the other 1,177
appropriation. If sufficient moneys exist in A TRANSFER OF 1,178
APPROPRIATIONS OUT OF the emergency purposes account or other 1,180
appropriation for emergencies or contingencies IS MADE to pay AN 1,181
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 1,182
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 1,183
APPROPRIATIONS, the director shall cause THE payment of the award 1,184
to be made to the private legal counsel. If sufficient moneys do 1,186
not exist in the emergency purposes account or other 1,187
appropriation for emergencies or contingencies to pay AN AMOUNT 1,188
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 1,189
29
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 1,190
the private legal counsel shall request the general assembly to 1,191
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 1,192
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,193
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 1,194
payment IN THAT AMOUNT shall be made until the appropriation has 1,195
been made. The private legal counsel shall make the request 1,196
during the current biennium and during each succeeding biennium 1,197
until a sufficient appropriation is made. 1,198
(b) An award of legal fees, court costs, and expenses 1,200
pursuant to division (E) of this section is subject to the 1,201
following limitations: 1,202
(i) The maximum award or maximum aggregate of a series of 1,204
awards of legal fees, court costs, and expenses to the private 1,205
legal counsel in connection with the defense of the Ohio public 1,206
defender commission, the state public defender, an assistant 1,207
state public defender, an employee, or an attorney in a specified 1,208
civil action or proceeding shall not exceed fifty thousand 1,209
dollars. 1,210
(ii) The private legal counsel shall not be awarded legal 1,212
fees, court costs, or expenses to the extent the fees, costs, or 1,213
expenses are covered by a policy of malpractice or other 1,214
insurance. 1,215
(iii) The private legal counsel shall be awarded legal 1,217
fees and expenses only to the extent that the fees and expenses 1,218
are reasonable in light of the legal services rendered by the 1,219
private legal counsel in connection with the defense of the Ohio 1,220
public defender commission, the state public defender, an 1,221
assistant state public defender, an employee, or an attorney in a 1,222
specified civil action or proceeding. 1,223
(c) If, pursuant to division (E)(2)(a) of this section, 1,225
the attorney general denies a request for an award of legal fees, 1,226
court costs, or expenses to private legal counsel because of the 1,227
application of a limitation specified in division (E)(2)(b) of 1,228
30
this section, the attorney general shall notify the private legal 1,230
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 1,232
private legal counsel receives a denial of an award notification 1,233
or if a private legal counsel refuses to approve a document under 1,234
division (E)(2)(a)(ii) of this section because of the proposed 1,235
application of a limitation specified in division (E)(2)(b) of 1,236
this section, the private legal counsel may commence a civil 1,237
action against the attorney general in the court of claims to 1,238
prove the private legal counsel's entitlement to the award 1,239
sought, to prove that division (E)(2)(b) of this section does not 1,241
prohibit or otherwise limit the award sought, and to recover a 1,242
judgment for the amount of the award sought. A civil action 1,243
under division (E)(2)(d) of this section shall be commenced no 1,244
later than two years after receipt of a denial of award 1,245
notification or, if the private legal counsel refused to approve 1,246
a document under division (E)(2)(a)(ii) of this section because 1,247
of the proposed application of a limitation specified in division 1,248
(E)(2)(b) of this section, no later than two years after the 1,249
refusal. Any judgment of the court of claims in favor of the 1,250
private legal counsel shall be paid from the state treasury in 1,251
accordance with division (E)(2)(a) of this section. 1,252
(F) If a court appoints the office of the state public 1,255
defender to represent a petitioner in a postconviction relief 1,256
proceeding under section 2953.21 of the Revised Code, the 1,257
petitioner has received a sentence of death, and the proceeding 1,258
relates to that sentence, all of the attorneys who represent the 1,259
petitioner in the proceeding pursuant to the appointment, whether 1,260
an assistant state public defender, the state public defender, or 1,261
another attorney, shall be certified under Rule 65 of the Rules 1,262
of Superintendence for Common Pleas Courts to represent indigent 1,264
defendants charged with or convicted of an offense for which the 1,265
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 1,274
31
report to the board of county commissioners shall be audited by 1,275
the county auditor. The board of county commissioners, after 1,276
review and approval of the audited report, may then certify it to 1,277
the state public defender for reimbursement. If a request for 1,278
the reimbursement of any operating expenditure incurred by a 1,279
county public defender office is not received by the state public 1,280
defender within sixty days after the end of the calendar month in 1,281
which the expenditure is incurred, the state public defender 1,282
shall not pay the requested reimbursement, unless the county has 1,283
requested, and the state public defender has granted, an 1,284
extension of the sixty-day time limit. Each request for 1,285
reimbursement shall include a certification by the county public 1,286
defender that the persons provided representation by the county 1,287
public defender's office during the period covered by the report 1,288
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 1,289
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 1,290
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 1,291
public defender shall also review the report and, in accordance 1,293
with the standards, guidelines, and maximums established pursuant 1,294
to divisions (B)(7) and (8) of section 120.04 of the Revised 1,295
Code, prepare a voucher for fifty per cent of the total cost of 1,296
each county public defender's office for the period of time 1,297
covered by the certified report and a voucher for fifty per cent 1,298
of the costs and expenses that are reimbursable under section 1,299
120.35 of the Revised Code, if any, or, if the amount of money 1,300
appropriated by the general assembly to reimburse counties for 1,301
the operation of county public defender offices, joint county 1,302
public defender offices, and county appointed counsel systems is 1,303
not sufficient to pay fifty per cent of the total cost of all of 1,304
the offices and systems, for the lesser amount required by 1,305
section 120.34 of the Revised Code. For the purposes of this 1,306
section, "total cost" means total expenses minus costs and 1,307
expenses reimbursable under section 120.35 of the Revised Code 1,308
and any funds received by the county public defender commission 1,309
32
pursuant to a contract, except a contract entered into with a 1,310
municipal corporation pursuant to division (E) of section 120.14 1,311
of the Revised Code, gift, or grant. 1,312
(B) If the county public defender fails to maintain the 1,314
standards for the conduct of the office established by rules of 1,315
the Ohio public defender commission pursuant to divisions (B) and 1,316
(C) of section 120.03 or the standards established by the state 1,317
public defender pursuant to division (B)(7) of section 120.04 of 1,318
the Revised Code, the Ohio public defender commission shall 1,319
notify the county public defender commission and the board of 1,320
county commissioners of the county that the county public 1,321
defender has failed to comply with its rules or the standards of 1,322
the state public defender. Unless the county public defender 1,323
commission or the county public defender corrects the conduct of 1,324
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,325
and standards within ninety days after the date of the notice, 1,327
the state public defender may deny payment of all or part of the 1,328
county's reimbursement from the state provided for in division 1,329
(A) of this section. 1,330
Sec. 120.28. (A) The joint county public defender 1,340
commission's report to the joint board of county commissioners 1,341
shall be audited by the fiscal officer of the district. The 1,342
joint board of county commissioners, after review and approval of 1,343
the audited report, may then certify it to the state public 1,344
defender for reimbursement. If a request for the reimbursement 1,345
of any operating expenditure incurred by a joint county public 1,346
defender office is not received by the state public defender 1,347
within sixty days after the end of the calendar month in which 1,348
the expenditure is incurred, the state public defender shall not 1,349
pay the requested reimbursement, unless the joint board of county 1,350
commissioners has requested, and the state public defender has 1,351
granted, an extension of the sixty-day time limit. Each request 1,352
for reimbursement shall include a certification by the joint 1,353
county public defender that all persons provided representation 1,354
33
by the joint county public defender's office during the period 1,355
covered by the request were indigent AND, FOR EACH PERSON 1,356
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 1,357
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 1,358
THE STATE PUBLIC DEFENDER. The state public defender shall also 1,360
review the report and, in accordance with the standards, 1,361
guidelines, and maximums established pursuant to divisions (B)(7) 1,362
and (8) of section 120.04 of the Revised Code, prepare a voucher 1,363
for fifty per cent of the total cost of each joint county public 1,364
defender's office for the period of time covered by the certified 1,365
report and a voucher for fifty per cent of the costs and expenses 1,366
that are reimbursable under section 120.35 of the Revised Code, 1,367
if any, or, if the amount of money appropriated by the general 1,368
assembly to reimburse counties for the operation of county public 1,369
defender offices, joint county public defender offices, and 1,370
county appointed counsel systems is not sufficient to pay fifty 1,371
per cent of the total cost of all of the offices and systems, for 1,372
the lesser amount required by section 120.34 of the Revised Code. 1,373
For purposes of this section, "total cost" means total expenses 1,374
minus costs and expenses reimbursable under section 120.35 of the 1,375
Revised Code and any funds received by the joint county public 1,376
defender commission pursuant to a contract, except a contract 1,377
entered into with a municipal corporation pursuant to division 1,378
(E) of section 120.24 of the Revised Code, gift, or grant. Each 1,379
county in the district shall be entitled to a share of such state 1,380
reimbursement in proportion to the percentage of the total cost 1,381
it has agreed to pay. 1,382
(B) If the joint county public defender fails to maintain 1,384
the standards for the conduct of the office established by the 1,385
rules of the Ohio public defender commission pursuant to 1,386
divisions (B) and (C) of section 120.03 or the standards 1,387
established by the state public defender pursuant to division 1,388
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,389
defender commission shall notify the joint county public defender 1,390
34
commission and the board of county commissioners of each county 1,391
in the district that the joint county public defender has failed 1,392
to comply with its rules or the standards of the state public 1,393
defender. Unless the joint public defender commission or the 1,394
joint county public defender corrects the conduct of his THE 1,395
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,397
and standards within ninety days after the date of the notice, 1,398
the state public defender may deny all or part of the counties' 1,399
reimbursement from the state provided for in division (A) of this 1,400
section.
Sec. 120.33. (A) In lieu of using a county public 1,410
defender or joint county public defender to represent indigent 1,411
persons in the proceedings set forth in division (A) of section 1,412
120.16 of the Revised Code, the board of county commissioners of 1,413
any county may adopt a resolution to pay counsel who are either 1,414
personally selected by the indigent person or appointed by the 1,415
court. The resolution shall include those provisions the board 1,416
of county commissioners considers necessary to provide effective 1,417
representation of indigent persons in any proceeding for which 1,418
counsel is provided under this section. The resolution shall 1,419
include provisions for contracts with any municipal corporation 1,420
under which the municipal corporation shall reimburse the county 1,421
for counsel appointed to represent indigent persons charged with 1,422
violations of the ordinances of the municipal corporation. 1,423
(1) In a county that adopts a resolution to pay counsel, 1,425
an indigent person shall have the right to do either of the 1,426
following: 1,427
(a) To select the person's own personal counsel to 1,429
represent the person in any proceeding included within the 1,430
provisions of the resolution;
(b) To request the court to appoint counsel to represent 1,432
the person in such a proceeding. 1,433
(2) The court having jurisdiction over the proceeding in a 1,435
county that adopts a resolution to pay counsel shall, after 1,436
35
determining that the person is indigent and entitled to legal 1,437
representation under this section, do either of the following: 1,438
(a) By signed journal entry recorded on its docket, enter 1,440
the name of the lawyer selected by the indigent person as counsel 1,441
of record; 1,442
(b) Appoint counsel for the indigent person if the person 1,444
has requested the court to appoint counsel and, by signed journal 1,445
entry recorded on its dockets, enter the name of the lawyer 1,446
appointed for the indigent person as counsel of record. 1,447
(3) The board of county commissioners shall establish a 1,449
schedule of fees by case or on an hourly basis to be paid to 1,450
counsel for legal services provided pursuant to a resolution 1,451
adopted under this section. Prior to establishing the schedule, 1,452
the board of county commissioners shall request the bar 1,453
association or associations of the county to submit a proposed 1,454
schedule. The schedule submitted shall be subject to the review, 1,455
amendment, and approval of the board of county commissioners. 1,456
(4) Counsel selected by the indigent person or appointed 1,458
by the court at the request of an indigent person in a county 1,459
that adopts a resolution to pay counsel, except for counsel 1,460
appointed to represent a person charged with any violation of an 1,461
ordinance of a municipal corporation that has not contracted with 1,462
the county commissioners for the payment of appointed counsel, 1,463
shall be paid by the county and shall receive the compensation 1,464
and expenses the court approves. Each request for payment shall 1,465
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 1,466
indigency THAT ARE completed by the indigent person on forms 1,468
prescribed by the state public defender. Compensation and 1,469
expenses shall not exceed the amounts fixed by the board of 1,470
county commissioners in the schedule adopted pursuant to division 1,471
(A)(3) of this section. No court shall approve compensation and 1,472
expenses that exceed the amount fixed pursuant to division (A)(3) 1,473
of this section.
The fees and expenses approved by the court shall not be 1,475
36
taxed as part of the costs and shall be paid by the county. 1,476
However, if the person represented has, or may reasonably be 1,477
expected to have, the means to meet some part of the cost of the 1,478
services rendered to the person, the person shall pay the county 1,480
an amount that the person reasonably can be expected to pay. 1,481
Pursuant to section 120.04 of the Revised Code, the county shall 1,482
pay to the state public defender a percentage of the payment 1,484
received from the person in an amount proportionate to the 1,486
percentage of the costs of the person's case that were paid to 1,487
the county by the state public defender pursuant to this section. 1,488
The money paid to the state public defender shall be credited to 1,489
the client payment fund created pursuant to division (B)(5) of 1,491
section 120.04 of the Revised Code. 1,492
The county auditor shall draw a warrant on the county 1,494
treasurer for the payment of counsel in the amount fixed by the 1,495
court, plus the expenses the court fixes and certifies to the 1,496
auditor. The county auditor shall report periodically, but not 1,497
less than annually, to the board of county commissioners and to 1,498
the Ohio public defender commission the amounts paid out pursuant 1,499
to the approval of the court. The board of county commissioners, 1,500
after review and approval of the auditor's report, may then 1,501
certify it to the state public defender for reimbursement. If a 1,502
request for reimbursement is not accompanied by A FINANCIAL 1,503
DISCLOSURE FORM AND an affidavit of indigency completed by the 1,505
indigent person on forms prescribed by the state public defender, 1,506
the state public defender shall not pay the requested 1,507
reimbursement. If a request for the reimbursement of the cost of 1,508
counsel in any case is not received by the state public defender 1,509
within ninety days after the end of the calendar month in which 1,510
the case is finally disposed of by the court, unless the county 1,511
has requested and the state public defender has granted an 1,512
extension of the ninety-day limit, the state public defender 1,513
shall not pay the requested reimbursement. The state public 1,514
defender shall also review the report and, in accordance with the 1,515
37
standards, guidelines, and maximums established pursuant to 1,516
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 1,517
prepare a voucher for fifty per cent of the total cost of each 1,518
county appointed counsel system in the period of time covered by 1,519
the certified report and a voucher for fifty per cent of the 1,520
costs and expenses that are reimbursable under section 120.35 of 1,521
the Revised Code, if any, or, if the amount of money appropriated 1,522
by the general assembly to reimburse counties for the operation 1,523
of county public defender offices, joint county public defender 1,524
offices, and county appointed counsel systems is not sufficient 1,525
to pay fifty per cent of the total cost of all of the offices and 1,526
systems other than costs and expenses that are reimbursable under 1,527
section 120.35 of the Revised Code, for the lesser amount 1,528
required by section 120.34 of the Revised Code. 1,529
(5) If any county appointed counsel system fails to 1,531
maintain the standards for the conduct of the system established 1,532
by the rules of the Ohio public defender commission pursuant to 1,533
divisions (B) and (C) of section 120.03 or the standards 1,534
established by the state public defender pursuant to division 1,535
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,536
defender commission shall notify the board of county 1,537
commissioners of the county that the county appointed counsel 1,538
system has failed to comply with its rules or the standards of 1,539
the state public defender. Unless the board of county 1,540
commissioners corrects the conduct of its appointed counsel 1,541
system to comply with the rules and standards within ninety days 1,542
after the date of the notice, the state public defender may deny 1,543
all or part of the county's reimbursement from the state provided 1,545
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 1,547
county public defender to represent indigent persons in the 1,548
proceedings set forth in division (A) of section 120.16 of the 1,549
Revised Code, and in lieu of adopting the resolution and 1,550
following the procedure described in division (A) of this 1,551
38
section, the board of county commissioners of any county may 1,552
contract with the state public defender for the state public 1,553
defender's legal representation of indigent persons. A contract 1,555
entered into pursuant to this division may provide for payment 1,556
for the services provided on a per case, hourly, or fixed 1,557
contract basis.
(C) If a court appoints an attorney pursuant to this 1,559
section to represent a petitioner in a postconviction relief 1,560
proceeding under section 2953.21 of the Revised Code, the 1,561
petitioner has received a sentence of death, and the proceeding 1,562
relates to that sentence, the attorney who represents the 1,563
petitioner in the proceeding pursuant to the appointment shall be 1,564
certified under Rule 65 of the Rules of Superintendence for 1,565
Common Pleas Courts to represent indigent defendants charged with 1,567
or convicted of an offense for which the death penalty can be or 1,568
has been imposed.
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 1,570
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 1,571
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 1,572
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 1,573
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 1,574
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 1,575
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 1,577
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 1,578
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 1,579
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 1,581
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 1,582
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 1,583
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 1,584
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 1,585
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 1,586
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 1,587
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 1,588
Sec. 122.011. (A) The department of development shall 1,597
39
develop and promote plans and programs designed to assure that 1,598
state resources are efficiently used, economic growth is properly 1,599
balanced, community growth is developed in an orderly manner, and 1,600
local governments are coordinated with each other and the state, 1,601
and for such purposes may do all of the following: 1,602
(1) Serve as a clearinghouse for information, data, and 1,604
other materials that may be helpful or necessary to persons or 1,605
local governments, as provided in section 122.07 of the Revised 1,606
Code; 1,607
(2) Prepare and activate plans for the retention, 1,609
development, expansion, and use of the resources and commerce of 1,610
the state, as provided in section 122.04 of the Revised Code; 1,611
(3) Assist and cooperate with federal, state, and local 1,613
governments and agencies of federal, state, and local governments 1,615
in the coordination of programs to carry out the functions and
duties of the department; 1,616
(4) Encourage and foster research and development 1,618
activities, conduct studies related to the solution of community 1,619
problems, and develop recommendations for administrative or 1,620
legislative actions, as provided in section 122.03 of the Revised 1,621
Code; 1,622
(5) Serve as the economic and community development 1,624
planning agency, which shall prepare and recommend plans and 1,625
programs for the orderly growth and development of this state and 1,626
which shall provide planning assistance, as provided in section 1,627
122.06 of the Revised Code; 1,628
(6) Cooperate with and provide technical assistance to 1,630
state departments, political subdivisions, regional and local 1,631
planning commissions, tourist associations, councils of 1,632
government, community development groups, community action 1,633
agencies, and other appropriate organizations for carrying out 1,634
the functions and duties of the department or for the solution of 1,635
community problems.; 1,636
(7) Coordinate the activities of state agencies that have 1,638
40
an impact on carrying out the functions and duties of the 1,639
department; 1,640
(8) Encourage and assist the efforts of and cooperate with 1,642
local governments to develop mutual and cooperative solutions to 1,643
their common problems that relate to carrying out the purposes of 1,644
this section; 1,645
(9) Study existing structure, operations, AND financing of 1,647
regional or local government and those state activities that 1,648
involve significant relations with regional or local governmental 1,649
units, recommend to the governor and to the general assembly such 1,650
changes in these provisions and activities as will improve the 1,651
operations of regional or local government, and conduct other 1,652
studies of legal provisions that affect problems related to 1,653
carrying out the purposes of this section; 1,654
(10) Appoint, with the approval of the governor, technical 1,657
and other advisory councils as it considers appropriate, as 1,658
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 1,660
development to develop and administer programs and activities 1,661
that are authorized by federal statute or the Revised Code; 1,662
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 1,665
and summarize applications and information regarding the family 1,667
farm loan program forwarded to the department by a financial 1,668
institution pursuant to section 901.81 of the Revised Code, and 1,671
forward the applications, information, analyses, and summaries to 1,672
the director of agriculture; 1,673
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 1,676
charges, in consultation with the director of agriculture, for 1,678
purchasing loans from financial institutions and providing loan 1,679
guarantees under the family farm loan program created under 1,681
sections 901.80 to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 1,683
loan guarantees provided under section 901.80 of the Revised Code 1,685
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 1,687
41
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 1,690
by the controlling board under division (A)(3) of section 901.82 1,691
of the Revised Code of the release of money to be used for 1,694
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 1,697
section 166.03 of the Revised Code for use for the purposes of 1,700
the fund created by section 166.031 of the Revised Code. 1,701
(B) The department, by rule, shall establish criteria 1,703
defining nonprofit corporations that are eligible for appointment 1,704
as qualified agents pursuant to sections 135.81 to 135.88 of the 1,705
Revised Code. The criteria shall require that a corporation be 1,706
organized pursuant to Chapter 1702. of the Revised Code and have 1,707
as its primary purpose the promotion of economic development or 1,708
the creation or retention of jobs and job opportunities. The 1,709
criteria may include a specification as to the professional 1,710
qualifications of the corporation employees, a minimum elapsed 1,711
period of time since the corporation was organized, current and 1,712
former activities of the corporation, and such other criteria 1,713
reasonably related to the foregoing that relate to the ability of 1,714
the corporation to act as a qualified agent for the purposes of 1,715
sections 135.51 to 135.88 of the Revised Code. 1,716
(C) The director of development may request the attorney 1,718
general to, and the attorney general, in accordance with section 1,719
109.02 of the Revised Code, shall bring a civil action in any 1,721
court of competent jurisdiction. The director may be sued in the 1,722
director's official capacity, in connection with this chapter, in 1,723
accordance with Chapter 2743. of the Revised Code.
Sec. 124.04. In addition to those powers enumerated in 1,732
Chapters 123. and 125. of the Revised Code and as provided 1,733
elsewhere by law, the powers, duties, and functions of the 1,734
department of administrative services not specifically vested in 1,735
and assigned to, or to be performed by, the state personnel board 1,736
of review are hereby vested in and assigned to, and shall be 1,737
performed by, the director of administrative services. These 1,739
42
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: 1,740
(A) To prepare, conduct, and grade all competitive 1,742
examinations for positions in the classified state service; 1,743
(B) To prepare, conduct, and grade all noncompetitive 1,745
examinations for positions in the classified state service; 1,746
(C) To prepare eligible lists containing the names of 1,748
persons qualified for appointment to positions in the classified 1,749
state service; 1,750
(D) To prepare or amend, in accordance with section 124.14 1,752
of the Revised Code, specifications descriptive of duties, 1,753
responsibilities, requirements, and desirable qualifications of 1,754
the various classifications of positions in the state service; 1,755
(E) To allocate and reallocate, upon the motion of the 1,758
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 1,759
office, or employment in the state service to the appropriate 1,760
classification on the basis of the duties, responsibilities, 1,761
requirements, and qualifications of such position, office, or 1,762
employment;
(F) To develop and conduct personnel recruitment services 1,764
for positions in the state service; 1,765
(G) To conduct research on specifications, 1,767
classifications, and salaries of positions in the state service; 1,768
(H) To develop and conduct personnel training programs in 1,770
cooperation with appointing authorities; 1,771
(I) To enter into agreements with universities and 1,773
colleges for in-service training of personnel in the state CIVIL 1,775
service; 1,776
(J) To appoint such examiners, inspectors, clerks, and 1,778
other assistants as are necessary in the exercise of the powers 1,779
and performance of the duties and functions which the director is 1,780
by law authorized and required to exercise and perform and to 1,781
prescribe the duties of all such employees; 1,782
43
(K) To maintain a journal, which shall be open to public 1,784
inspection, in which the director shall keep a record of the 1,786
director's final decision pertaining to the classification or 1,787
reclassification of positions in the state classified service and 1,788
assignment or reassignment of employees in the state classified 1,789
service to specific position classifications; 1,790
(L) To delegate any of the powers, functions, or duties 1,792
granted or assigned to the director under this chapter to any 1,793
other state agency of this state as the director considers 1,794
necessary; 1,795
(M) To delegate any of the powers, functions, or duties 1,797
granted or assigned to the director under this chapter to any 1,798
political subdivision with the concurrence of the legislative 1,799
authority of the political subdivision. 1,800
Sec. 124.07. The director of administrative services shall 1,809
appoint such examiners, inspectors, clerks, and other assistants 1,810
as are necessary to carry out sections 124.01 to 124.64 of the 1,811
Revised Code. The director may designate persons in or out of 1,812
the official service of the state to serve as examiners or 1,813
assistants under his THE DIRECTOR'S direction. An examiner or 1,814
assistant shall receive such compensation for each day actually 1,816
and necessarily spent in the discharge of his duties as AN 1,817
examiner or assistant as is determined by the director; provided, 1,819
that if any such examiner or assistant is in the official service 1,820
of the state, or any political subdivision thereof OF THE STATE, 1,821
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 1,823
duties to render such services in connection with such 1,824
examination without extra compensation.
Each state agency and state-supported college and 1,826
university shall pay the cost of the services and facilities 1,827
furnished to it by the department of administrative services that 1,828
are necessary to provide and maintain payroll services as 1,829
prescribed in section 125.21 of the Revised Code and state merit 1,830
standards as prescribed in sections 124.01 to 124.64 of the 1,831
44
Revised Code for the agency, college, or university. If a 1,832
municipal corporation chooses to use the services and facilities 1,833
furnished by the department that are necessary to provide and 1,834
maintain the standards so prescribed, the municipal corporation 1,835
shall pay the cost of the services and facilities that the 1,836
department furnishes to it. Such charges against a state agency, 1,837
state college or university, or municipal corporation shall be 1,838
computed on a reasonable cost basis in accordance with procedures 1,839
prescribed by the director of budget and management. Any moneys 1,840
the department of administrative services receives from any such 1,841
state agency, college, university, or municipal corporation which 1,842
are in excess of the amount necessary to pay the cost of 1,843
furnishing such services and facilities during any fiscal year 1,844
shall be either refunded to or credited for the ensuing fiscal 1,845
year to the state agency, college, university, or municipal 1,846
corporation that contributed the excess moneys. 1,847
The director of administrative services may enter into an 1,849
agreement with any municipal corporation or other political 1,850
subdivision to furnish services and facilities of the department 1,851
of administrative services in the administration of its merit 1,852
program. Such agreement shall provide that the department of 1,853
administrative services shall be reimbursed for the reasonable 1,854
costs of such services and facilities as determined by the 1,855
director of administrative services. 1,856
All moneys received by the department of administrative 1,858
services as reimbursement for payroll and merit program services 1,859
performed and facilities furnished shall be paid into the state 1,860
treasury to the credit of the personnel HUMAN RESOURCES services 1,861
fund, which is hereby created. 1,863
In counties of the state in which are located cities having 1,865
municipal civil service commissions, the director may designate 1,866
the municipal civil service commission of the largest city within 1,867
such county as his THE DIRECTOR'S agent for the purpose of 1,868
carrying out such provisions of sections 124.01 to 124.64 of the 1,870
45
Revised Code, within such counties, as the director designates. 1,871
Each municipal civil service commission designated as agent of 1,872
the director shall, at the end of each month, render an itemized 1,873
statement to the director of the cost incurred by such commission 1,874
for work done as agent of the director, and the director shall, 1,875
after approving such statement, pay the total amount thereof OF 1,876
IT to the treasurer of such municipal corporation in the same 1,878
manner as other expenses of the department of administrative 1,879
services.
The director, examiners, inspectors, clerks, and assistants 1,881
shall, in addition to their salaries, receive reimbursement for 1,882
such necessary traveling and other expenses as are incurred in 1,883
the actual discharge of their official duties. The director may 1,884
also incur the necessary expenses for stationery, printing, and 1,885
other supplies incident to the business of the department of 1,886
administrative services. 1,887
Sec. 125.023. During the period of an emergency as defined 1,896
in section 5502.21 of the Revised Code, the department of 1,897
administrative services may suspend, with regard to the emergency 1,898
management agency established in section 5502.22 of the Revised 1,899
Code or any other state agency participating in recovery 1,900
activities as defined in section 5502.21 of the Revised Code, the 1,901
purchasing and contracting requirements contained in sections 1,903
125.02 to 125.111 of the Revised Code and any of the requirements 1,904
of Chapter 153. of the Revised Code that otherwise would apply to 1,905
the agency. The director of public safety or the deputy 1,906
EXECUTIVE director of the emergency management agency shall make 1,908
the request for the suspension of these requirements to the
department of administrative services concurrently with the 1,910
request to the governor or the president of the United States for 1,911
the declaration of an emergency. The governor also shall include 1,912
in any proclamation the governor issues declaring an emergency 1,913
language requesting the suspension of those requirements during 1,914
the period of the emergency. 1,915
46
Sec. 125.04. (A) Except as provided in division (D) of 1,924
this section, the department of administrative services shall 1,925
determine what supplies and services are purchased by or for 1,926
state agencies. Whenever the department of administrative 1,927
services makes any change or addition to the lists of supplies 1,928
and services that it determines to purchase for state agencies, 1,929
it shall provide a list to the agencies of the changes or 1,930
additions and indicate when the department will be prepared to 1,931
furnish each item listed. Except for the requirements of 1,932
division (B) of section 125.11 of the Revised Code, sections 1,933
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 1,934
apply to or affect the educational institutions of the state. 1,935
The department shall not include the bureau of workers' 1,936
compensation in the lists of supplies, equipment, and services 1,937
purchased and furnished by the department. 1,938
Nothing in this division precludes the bureau from entering 1,940
into a contract with the department for the department to perform 1,941
services relative to supplies, equipment, and services contained 1,942
in this division for the bureau. 1,943
(B) As used in this division, "political subdivision" 1,945
means any county, township, municipal corporation, school 1,946
district, conservancy district, township park district, park 1,947
district created under Chapter 1545. of the Revised Code, 1,948
regional transit authority, regional airport authority, regional 1,949
water and sewer district, or port authority. "Political 1,950
subdivision" also includes any other political subdivision 1,951
described in the Revised Code that has been approved by the 1,952
department to participate in the department's contracts under
this division. 1,953
Subject to division (C) of this section, the department of 1,956
administrative services may permit a political subdivision to 1,957
participate in contracts into which the department has entered 1,958
for the purchase of supplies and services. Any political 1,959
subdivision desiring to participate in such THOSE purchase 1,960
47
contracts shall file with the department a certified copy of an 1,962
ordinance or resolution of the legislative authority or governing 1,963
board of the political subdivision. The resolution or ordinance 1,964
shall request that the political subdivision be authorized to 1,965
participate in such THOSE contracts and shall agree that the 1,966
political subdivision will be bound by such THE terms and 1,968
conditions as the department prescribes and that it will directly 1,970
pay the vendor under each purchase contract. The department may 1,971
charge a political subdivision a reasonable fee to cover the 1,972
administrative costs the department incurs as a result of the 1,973
subdivision's participation in the purchase contract. Purchases 1,974
made by a political subdivision under this division are exempt 1,975
from any competitive selection procedures otherwise required by 1,976
law. No political subdivision shall make any purchase under this 1,977
division when bids have been received for such THE purchase by 1,978
the subdivision, unless such THE purchase can be made upon the 1,979
same terms, conditions, and specifications at a lower price under 1,980
this division. 1,981
The department shall include in its annual report an 1,983
estimate of the cost it incurs by permitting political 1,984
subdivisions to participate in contracts pursuant to this 1,985
division. The department may require political subdivisions 1,986
participating in contracts pursuant to this division to file a 1,987
report with the department, as often as it finds necessary, 1,988
stating how many such OF THOSE contracts the political 1,989
subdivisions participate in within a specified period of time, 1,991
and any other information the department requires. 1,992
(C) A political subdivision as defined in division (B) of 1,994
this section may purchase supplies or services from another 1,996
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 1,998
this section if the political subdivision can purchase those 1,999
supplies or services from the other party upon equivalent terms, 2,000
conditions, and specifications but at a lower price than it can 2,001
48
through those contracts. Purchases that a political subdivision 2,002
makes under this division are exempt from any competitive 2,003
selection procedures otherwise required by law. A political 2,004
subdivision that makes any purchase under this division shall 2,005
maintain sufficient information regarding the purchase to verify 2,007
that the political subdivision satisfied the conditions for 2,008
making a purchase under this division. Nothing in this division 2,009
restricts any action taken by a county or township as authorized 2,011
by division (A) of section 9.48 of the Revised Code. 2,012
(D) This section does not apply to supplies or services 2,014
required by the legislative or judicial branches, boards of 2,015
elections, the capitol square review and advisory board, OR the 2,016
adjutant general, to supplies or services purchased by a state 2,017
agency directly as provided in division (A) or (E) of section 2,018
125.05 of the Revised Code, to purchases of supplies or services 2,020
for the emergency management agency as provided in section 2,021
125.023 of the Revised Code, TO PURCHASES OF SUPPLIES OR SERVICES 2,022
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE 2,023
NORTHWEST OHIO CLOSE SECURITY PRISON AS PROVIDED IN DIVISION (B) 2,024
OF SECTION 5145.19 OF THE REVISED CODE, or to purchases of 2,025
supplies or services for the department of rehabilitation and 2,026
correction in its operation of the program for the employment of 2,027
prisoners established under section 5145.16 of the Revised Code 2,028
that shall be made pursuant to rules adopted by the director of 2,029
administrative services and the director of rehabilitation and 2,030
correction in accordance with Chapter 119. of the Revised Code. 2,031
The rules may provide for the exemption of the program for the 2,032
employment of prisoners from the requirements of division (A) of 2,033
this section.
Sec. 125.15. All state agencies required to secure any 2,043
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 2,044
make acquisition in the manner and upon forms prescribed by the 2,045
director of administrative services and shall reimburse the 2,046
49
department for the equipment, materials, supplies, services, or 2,047
contracts of insurance, including a reasonable sum to cover the 2,048
department's administrative costs, wherever WHENEVER 2,049
reimbursement is required by the department. The money so paid 2,050
shall be deposited in the state treasury to the credit of the 2,051
general services fund, computer services fund, or 2,053
telecommunication THE INFORMATION TECHNOLOGY fund, as 2,054
appropriate. Such funds are hereby created. 2,055
Sec. 125.28. Each state agency that is supported in whole 2,064
or in part by nongeneral revenue fund money and that occupies 2,065
space in the James A. Rhodes or Frank J. Lausche state office 2,066
tower, Toledo government center, Senator Oliver R. Ocasek 2,067
government office building, Vern Riffe center for government and 2,068
the arts, state of Ohio computer center, capitol square, or 2,069
governor's mansion shall reimburse the general revenue fund for 2,070
the cost of occupying such THE space in the ratio that the 2,071
occupied space in each facility attributable to such money bears 2,073
to the total space occupied by the state agency in the facility. 2,074
All agencies that occupy space in the old blind school, OR 2,077
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 2,078
the general services facility shall reimburse the department for 2,080
the cost of occupying such THE space. The director of 2,082
administrative services shall determine the amount of debt 2,083
service, if any, to be charged to building tenants and shall 2,084
collect reimbursements therefor FOR IT. 2,085
Each agency that is supported in whole or in part by 2,087
nongeneral revenue fund money and that occupies space in any 2,088
other facility or facilities owned and maintained by the 2,089
department of administrative services OR SPACE IN THE GENERAL 2,090
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 2,091
department for the cost of occupying such THE space, including 2,092
debt service, if any, in the ratio that the occupied space in 2,094
each facility attributable to such money bears to the total space 2,095
occupied by the state agency in the facility. 2,096
50
The director of administrative services may provide 2,098
building maintenance services AND SKILLED TRADES SERVICES to any 2,099
state agency occupying space in a facility THAT IS not owned by 2,101
the department of administrative services and MAY collect 2,102
reimbursements for the cost of providing such services. 2,103
All money collected by the department for operating 2,106
expenses of facilities owned or maintained by the department 2,107
shall be deposited into the state treasury to the credit of the 2,108
facilities BUILDING management fund, which is hereby created. 2,110
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 2,111
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 2,112
collected for debt service shall be deposited into the general 2,114
revenue fund.
The director of administrative services shall determine the 2,116
reimbursable cost of space in state-owned or state-leased 2,118
facilities and shall collect reimbursements therefor FOR THAT 2,119
COST.
Sec. 126.12. (A) The office of budget and management 2,128
shall prepare and administer a statewide indirect cost allocation 2,130
plan that provides for the recovery of statewide indirect costs 2,131
from any fund of the state. The director of budget and 2,132
management may make transfers of statewide indirect costs from 2,133
the appropriate fund of the state to the general revenue fund on 2,134
an intrastate transfer voucher. The director, for reasons of 2,135
sound financial management, also may waive the recovery of 2,136
statewide indirect costs. Prior to making a transfer in 2,137
accordance with this division, the director shall notify the 2,138
affected agency of the amounts to be transferred. 2,139
(B) As used in this section, "statewide indirect costs" 2,141
means operating costs incurred by an agency in providing services 2,142
to any other agency, for which there was no billing to such other 2,143
agency for the services provided, and for which disbursements 2,144
have been made from the general revenue fund. 2,145
51
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 2,147
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 2,148
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 2,149
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 2,150
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 2,151
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 2,152
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 2,153
Sec. 126.21. (A) The director of budget and management 2,162
shall do all of the following: 2,164
(A)(1) Keep all necessary accounting records; 2,166
(B)(2) Prescribe and maintain the accounting system of the 2,168
state and establish appropriate accounting procedures and charts 2,169
of accounts; 2,170
(C)(3) Establish procedures for the use of written, 2,172
electronic, optical, or other communications media for approving 2,174
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 2,176
amount of any appropriation and the aggregate amount of items 2,177
thereof OF THE APPROPRIATION, with the advice and assistance of 2,178
the state agency affected thereby BY IT and the legislative 2,180
budget office of the legislative service commission, totals so as 2,181
to correspond in the aggregate with the total appropriation. In 2,182
the case of a conflict between the item and the total of which it 2,183
is a part, the item shall be considered the intended 2,184
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 2,186
recommend improvements to the internal controls used in state 2,187
agencies; 2,188
(F)(6) Authorize the establishment of petty cash accounts. 2,191
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 2,192
return to the state treasury any unexpended balance shown by the 2,194
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 2,196
52
expenditures of such THE petty cash and shall report when 2,197
requested the balance of petty cash on hand at any time. 2,199
(G)(7) Process orders, invoices, vouchers, claims, and 2,201
payrolls and prepare financial reports and statements; 2,202
(H)(8) Perform such extensions, reviews, and compliance 2,205
checks prior to approving a payment as the director considers 2,206
necessary; 2,207
(I)(9) Issue the official comprehensive annual financial 2,209
report of the state. The report shall cover all funds and 2,210
account groups of the state reporting entity and shall include 2,211
general purpose financial statements prepared in accordance with 2,212
generally accepted accounting principles and such other 2,213
information as the director provides. All state agencies, 2,214
authorities, institutions, offices, retirement systems, and other 2,215
component units of the state reporting entity as determined by 2,216
the director shall furnish the director whatever financial 2,217
statements and other information the director requests for the 2,219
report, in such THE form, at such THE times, covering such THE 2,220
periods, and with such THE attestation as the director 2,221
prescribes. The information for state institutions of higher 2,222
education, as such term is defined in section 3345.011 of the 2,223
Revised Code, shall be submitted to the director by the Ohio 2,224
board of regents. The board shall establish a due date by which 2,225
each such institution shall submit the information to the board, 2,226
but no such date shall be later than one hundred twenty days 2,227
after the end of the state fiscal year unless a later date is 2,228
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 2,231
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 2,232
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 2,233
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 2,234
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 2,235
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
53
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 2,236
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 2,237
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 2,246
director of budget and management shall be supported by user 2,247
charges. He THE DIRECTOR shall determine a rate that is 2,249
sufficient to defray the expense of such THOSE services and the 2,250
manner by which such THOSE charges shall be collected. All money 2,251
collected from user charges OR FROM ANY REBATES OR REVENUE SHARES 2,252
RECEIVED FROM ANY STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER 2,253
DIVISION (B) OF SECTION 126.21 OF THE REVISED CODE shall be 2,255
deposited in the state treasury to the credit of the state
accounting fund, which is hereby created. 2,256
Sec. 126.31. (A) Any officer, member, or employee of, or 2,265
consultant to, the general assembly, supreme court, court of 2,266
appeals, court of claims, any agency of any of these, or any 2,267
state university or college as defined in division (A)(1) of 2,268
section 3345.12 of the Revised Code, may be reimbursed for his 2,269
actual and necessary traveling and other expenses incurred while 2,270
attending any gathering, conference, or convention, or while 2,271
performing official duties, inside or outside this state, if 2,272
authorized by the general assembly or by that court, agency, 2,273
university, or college, respectively. Reimbursement shall be 2,274
made in the manner, and at rates that do not exceed those, 2,275
prescribed by law or, in the absence of such law, in the manner, 2,276
and at rates that do not exceed those, established by the general 2,277
assembly or by that court, agency, university, or college, 2,278
respectively. 2,279
(B) Any officer, member, or employee of, or consultant to, 2,281
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 2,283
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 2,284
or in part from state funds may be reimbursed DIRECTLY for his 2,285
actual and necessary traveling and other expenses incurred while 2,286
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 2,288
54
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 2,289
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 2,291
IS performing official duties, inside or outside this state, if 2,292
authorized by that state agency, OR THE PROVIDER OF GOODS OR 2,293
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 2,294
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,295
Notwithstanding any other statute to the contrary, reimbursement 2,296
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 2,297
be made in the manner, and at rates that do not exceed those, 2,298
provided by rule of the director of budget and management adopted 2,299
in accordance with Chapter 119. SECTION 111.15 of the Revised 2,301
Code. Not later than the thirtieth day of September each year, 2,302
the director of budget and management shall submit to the 2,303
president and minority leader of the senate and the speaker and 2,304
minority leader of the house of representatives a summary of all 2,305
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 2,306
(C) The spouse of the governor may be reimbursed DIRECTLY 2,309
for the spouse's actual and necessary traveling and other 2,311
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 2,313
assist or serve the governor in the discharge of the governor's 2,314
official duties, or while otherwise assisting or serving the 2,315
governor in the discharge of the governor's official duties, 2,316
inside or outside this state, if authorized by the governor, OR 2,317
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 2,318
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,319
Notwithstanding any other statute to the contrary, reimbursement 2,320
made under this division is exclusively for the use and benefit 2,321
of the governor's spouse and shall not be considered as inuring 2,322
to the use or benefit of the governor for any purpose. 2,323
Reimbursement shall be made in the manner, and at rates that do 2,324
not exceed those, provided by rule of the director of budget and 2,325
management adopted in accordance with Chapter 119. SECTION 111.15 2,326
55
of the Revised Code.
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 2,328
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 2,329
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 2,330
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 2,331
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 2,332
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 2,333
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 2,334
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 2,335
THE RULES ADOPTED UNDER THIS DIVISION. 2,336
Sec. 126.32. (A) Any officer of any state agency may 2,345
authorize reimbursement for travel, INCLUDING THE COSTS OF 2,346
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 2,348
interviewing for a position that is classified as pay range 33 or 2,349
above in schedule B of section 124.15 of the Revised Code or in 2,350
pay range 13 or above in schedule E-1 of section 124.152 of the 2,351
Revised Code, or is classified in schedule C of section 124.15 or 2,352
in schedule E-2, of section 124.152 of the Revised Code. 2,353
(B) If a person is appointed to a position listed in 2,355
section 121.03 of the Revised Code, to another comparable THE 2,356
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 2,357
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 2,358
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 2,359
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 2,360
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 2,361
to a position holding a fiduciary relationship to the governor, 2,363
to a position of an appointing authority of the department of 2,364
mental health, mental retardation and developmental disabilities, 2,365
or rehabilitation and correction, to a position of superintendent 2,366
in the department of youth services, or to a position under 2,367
section 122.05 of the Revised Code, and such IF THAT appointment 2,368
requires a permanent change of residence, the appropriate state 2,369
agency may reimburse the person for his THE PERSON'S actual and 2,370
56
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 2,371
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 2,372
PERSON and members of his THE PERSON'S immediate family residing 2,374
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 2,375
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 2,377
Until such a THAT person moves his THE PERSON'S permanent 2,380
residence to the new location, but not for a period that exceeds 2,381
thirty consecutive days, the state agency may reimburse the 2,382
person for his THE PERSON'S temporary living expenses at the new 2,383
location that he THE PERSON has incurred on behalf of himself THE 2,385
PERSON and members of his THE PERSON'S immediate family residing 2,387
in his THE PERSON'S household. In addition, the state agency may 2,388
reimburse such THAT person for his THE PERSON'S travel expenses 2,389
between the new location and his THE PERSON'S former residence 2,391
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 2,392
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 2,393
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 2,394
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 2,396
budget and management, the maximum thirty-day period for 2,397
temporary living expenses may be extended for a person appointed 2,398
to a position under section 122.05 of the Revised Code. 2,399
The director of development may reimburse a person 2,401
appointed to a position under section 122.05 of the Revised Code 2,402
for his THE PERSON'S actual and necessary expenses of moving 2,403
himself THE PERSON and members of his THE PERSON'S immediate 2,405
family residing in his THE PERSON'S household back to the United 2,407
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 2,408
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 2,409
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 2,410
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 2,411
(C) All reimbursement under DIVISION (A) OR (B) OF this 2,414
section shall be made in the manner, and at rates that do not 2,415
57
exceed those, provided by rule of the director of budget and 2,416
management in accordance with Chapter 119. SECTION 111.15 of the 2,417
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 2,418
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 2,419
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 2,420
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,421
Sec. 127.16. (A) Upon the request of either a state 2,430
agency or the director of budget and management and after the 2,431
controlling board determines that an emergency or a sufficient 2,432
economic reason exists, the controlling board may approve the 2,434
making of a purchase without competitive selection as provided in
division (B) of this section. 2,435
(B) Except as otherwise provided in this section, no state 2,437
agency, using money that has been appropriated to it directly, 2,438
shall: 2,439
(1) Make any purchase from a particular supplier, that 2,441
would amount to fifty thousand dollars or more when combined with 2,442
both the amount of all disbursements to the supplier during the 2,443
fiscal year for purchases made by the agency and the amount of 2,444
all outstanding encumbrances for purchases made by the agency 2,445
from the supplier, unless the purchase is made by competitive 2,446
selection or with the approval of the controlling board; 2,447
(2) Lease real estate from a particular supplier, if the 2,449
lease would amount to seventy-five thousand dollars or more when 2,450
combined with both the amount of all disbursements to the 2,451
supplier during the fiscal year for real estate leases made by 2,452
the agency and the amount of all outstanding encumbrances for 2,453
real estate leases made by the agency from the supplier, unless 2,454
the lease is made by competitive selection or with the approval 2,455
of the controlling board. 2,456
(C) Any person who authorizes a purchase in violation of 2,458
division (B) of this section shall be liable to the state for any 2,459
state funds spent on the purchase, and the attorney general shall 2,460
collect the amount from the person. 2,461
58
(D) Nothing in division (B) of this section shall be 2,463
construed as: 2,464
(1) A limitation upon the authority of the director of 2,466
transportation as granted in sections 5501.17, 5517.02, and 2,467
5525.14 of the Revised Code; 2,468
(2) Applying to medicaid provider agreements under Chapter 2,470
5111. of the Revised Code or payments or provider agreements 2,473
under disability assistance medical assistance established under 2,474
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 2,476
supplier by a state licensing board under Title XLVII of the 2,477
Revised Code; 2,478
(4) Applying to entertainment contracts for the Ohio state 2,480
fair entered into by the Ohio expositions commission, provided 2,481
that the controlling board has given its approval to the 2,482
commission to enter into such contracts and has approved a total 2,483
budget amount for such contracts as agreed upon by commission 2,484
action, and that the commission causes to be kept itemized 2,485
records of the amounts of money spent under each contract and 2,486
annually files those records with the clerk of the house of 2,488
representatives and the clerk of the senate following the close 2,489
of the fair;
(5) Limiting the authority of the chief of the division of 2,491
mines and reclamation to contract for reclamation work with an 2,492
operator mining adjacent land as provided in section 1513.27 of 2,493
the Revised Code; 2,494
(6) Applying to investment transactions and procedures of 2,496
any state agency, except that the agency shall file with the 2,497
board the name of any person with whom the agency contracts to 2,498
make, broker, service, or otherwise manage its investments, as 2,499
well as the commission, rate, or schedule of charges of such 2,500
person with respect to any investment transactions to be 2,501
undertaken on behalf of the agency. The filing shall be in a 2,502
form and at such times as the board considers appropriate. 2,503
59
(7) Applying to purchases made with money for the per cent 2,505
for arts program established by section 3379.10 of the Revised 2,506
Code; 2,507
(8) Applying to purchases made by the rehabilitation 2,509
services commission of services, or supplies, that are provided 2,510
to persons with disabilities, or to purchases made by the 2,511
commission in connection with the eligibility determinations it 2,512
makes for applicants of programs administered by the social 2,513
security administration; 2,514
(9) Applying to payments by the department of human 2,516
services under section 5111.13 of the Revised Code for group 2,517
health plan premiums, deductibles, coinsurance, and other 2,518
cost-sharing expenses; 2,519
(10) Applying to any agency of the legislative branch of 2,521
the state government; 2,522
(11) Applying to agreements entered into under section 2,524
5101.11, 5101.21, or 5101.211 of the Revised Code; 2,525
(12) Applying to purchases of services by the adult parole 2,527
authority under section 2967.14 of the Revised Code or by the 2,528
department of youth services under section 5139.08 of the Revised 2,529
Code; 2,530
(13) Applying to dues or fees paid for membership in an 2,532
organization or association; 2,533
(14) Applying to purchases of utility services pursuant to 2,535
section 9.30 of the Revised Code; 2,536
(15) Applying to purchases made in accordance with rules 2,538
adopted by the department of administrative services of motor 2,539
vehicle, aviation, or watercraft fuel, or emergency repairs of 2,540
such vehicles; 2,541
(16) Applying to purchases of tickets for passenger air 2,543
transportation; 2,544
(17) Applying to purchases necessary to provide public 2,546
notifications required by law or to provide notifications of job 2,547
openings; 2,548
60
(18) Applying to the judicial branch of state government; 2,550
(19) Applying to purchases of liquor for resale by the 2,552
department or, on and after July 1, 1997, the division of liquor 2,553
control;
(20) Applying to purchases of motor courier and freight 2,555
services made in accordance with department of administrative 2,556
services rules; 2,557
(21) Applying to purchases from the United States postal 2,559
service and purchases of stamps and postal meter replenishment 2,560
from vendors at rates established by the United States postal 2,561
service; 2,562
(22) Applying to purchases of books, periodicals, 2,564
pamphlets, newspapers, maintenance subscriptions, and other 2,565
published materials; 2,566
(23) Applying to purchases from other state agencies, 2,568
including state-assisted institutions of higher education; 2,569
(24) Limiting the authority of the director of 2,571
environmental protection to enter into contracts under division 2,572
(D) of section 3745.14 of the Revised Code to conduct compliance 2,573
reviews, as defined in division (A) of that section; 2,574
(25) Applying to purchases from a qualified nonprofit 2,576
agency pursuant to sections 4115.31 to 4115.35 of the Revised 2,577
Code; 2,578
(26) Applying to payments by the department of human 2,580
services to the United States department of health and human 2,581
services for printing and mailing notices pertaining to the tax 2,582
refund offset program of the internal revenue service of the 2,583
United States department of the treasury; 2,584
(27) Applying to contracts entered into by the department 2,586
of mental retardation and developmental disabilities under 2,587
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 2,588
(28) Applying to payments made by the department of mental 2,590
health under a physician recruitment program authorized by 2,591
section 5119.101 of the Revised Code; 2,592
61
(29) Applying to contracts entered into with persons by 2,594
the director of commerce for unclaimed funds collection and 2,595
remittance efforts as provided in division (F) of section 169.03 2,597
of the Revised Code. The director shall keep an itemized 2,600
accounting of unclaimed funds collected by those persons and 2,601
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 2,603
higher education in accordance with the terms of a contract 2,605
between the vendor and an inter-university purchasing group 2,606
comprised of purchasing officers of state institutions of higher 2,607
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 2,609
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 2,610
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 2,611
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 2,612
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 2,613
CODE.
(E) Notwithstanding division (B)(1) of this section, the 2,615
cumulative purchase threshold shall be seventy-five thousand 2,616
dollars for the departments of mental retardation and 2,617
developmental disabilities, mental health, rehabilitation and 2,618
correction, and youth services. 2,619
(F) When determining whether a state agency has reached 2,621
the cumulative purchase thresholds established in divisions 2,622
(B)(1), (B)(2), and (E) of this section, all of the following 2,623
purchases by such agency shall not be considered: 2,624
(1) Purchases made through competitive selection or with 2,626
controlling board approval; 2,627
(2) Purchases listed in division (D) of this section; 2,629
(3) For the purposes of the thresholds of divisions (B)(1) 2,631
and (E) of this section only, leases of real estate. 2,632
(G) As used in this section, "competitive selection," 2,634
"purchase," "supplies," and "services" have the same meanings as 2,635
in section 125.01 of the Revised Code. 2,636
62
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 2,645
125., 126., 127., and 131. of the Revised Code, and any statute 2,646
that uses the terms in connection with state accounting or 2,647
budgeting: 2,648
(A) "Account" means any record, element, or summary in 2,650
which financial transactions are identified and recorded as debit 2,651
or credit transactions in order to summarize items of a similar 2,652
nature or classification. 2,653
(B) "Accounting procedure" means the arrangement of all 2,655
processes which discover, record, and summarize financial 2,656
information to produce financial statements and reports and to 2,657
provide internal control. 2,658
(C) "Accounting system" means the total structure of 2,660
records and procedures which discover, record, classify, and 2,661
report information on the financial position and operations of a 2,662
governmental unit or any of its funds, balanced account groups, 2,663
and organizational components. 2,664
(D) "Allocation" means a portion of an appropriation which 2,666
is designated for expenditure by specific organizational units or 2,667
for special purposes, activities, or objects that do not relate 2,668
to a period of time. 2,669
(E) "Allotment" means all or part of an appropriation 2,671
which may be encumbered or expended within a specific period of 2,672
time. 2,673
(F) "Appropriation" means an authorization granted by the 2,675
general assembly to make expenditures and to incur obligations 2,676
for specific purposes. 2,677
(G) "Assets" means resources owned, controlled, or 2,679
otherwise used or held by the state which have monetary value. 2,680
(H) "Budget" means the plan of financial operation 2,682
embodying an estimate of proposed expenditures and obligations 2,683
for a given period and the proposed means of financing them. 2,684
(I) "Direct deposit" is a form of electronic funds 2,686
transfer in which money is electronically deposited into the 2,687
63
account of a person or entity at a financial institution. 2,688
(J) "Disbursement" means a payment made for any purpose. 2,690
(K) "Electronic benefit transfer" means the electronic 2,692
delivery of public assistance benefits through automated teller 2,693
machines, point of sale terminals, or other electronic media 2,694
pursuant to section 5101.33 of the Revised Code. 2,695
(L) "Electronic funds transfer" means the electronic 2,697
movement of funds via automated clearing house or wire transfer. 2,698
(M) "Encumbrancing document" means a document reserving 2,700
all or part of an appropriation. 2,701
(N) "Expenditure" means a reduction of the balance of an 2,703
appropriation after legal requirements have been met. 2,704
(O) "Fund" means an independent fiscal and accounting 2,706
entity with a self-balancing set of accounts recording cash or 2,707
other resources, together with all related liabilities, 2,708
obligations, reserves, and fund balances which are segregated for 2,709
the purpose of carrying on specific activities or attaining 2,710
certain objectives in accordance with special rules, 2,711
restrictions, or limitations. 2,712
(P) "Lapse" means the automatic termination of an 2,714
appropriation at the end of the fiscal period for which it was 2,715
appropriated. 2,716
(Q) "Reappropriation" means an appropriation of a previous 2,718
appropriation that is continued in force in a succeeding 2,719
appropriation period. "Reappropriation" shall be equated with 2,720
and incorporated in the term "appropriation." 2,721
(R) "Voucher" means the document used to transmit a claim 2,723
for payment and evidentiary matter related to the claim. 2,724
(S) "Warrant" means an order drawn upon the treasurer of 2,726
state by the auditor of state directing the treasurer of state to 2,727
pay a specified amount, including an order to make a lump-sum 2,728
payment to a financial institution for the transfer of funds by 2,729
direct deposit or the drawdown of funds by electronic benefit 2,730
transfer, and the resulting electronic transfer to or by the 2,731
64
ultimate payees. 2,732
The terms defined in this section shall be used, on all 2,734
accounting forms, reports, formal rules, and budget requests 2,735
produced by a state agency, only as defined in this section. 2,736
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 2,738
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 2,739
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 2,740
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 2,741
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 2,742
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 2,743
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 2,744
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 2,745
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 2,747
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 2,748
Sec. 149.30. The Ohio historical society, chartered by 2,758
this state as a corporation not for profit to promote a knowledge 2,759
of history and archaeology, especially of Ohio, and operated 2,760
continuously in the public interest since 1885, may perform 2,761
public functions as prescribed by law. 2,762
The general assembly may appropriate money to the Ohio 2,764
historical society each biennium to carry out the public 2,765
functions of the society as enumerated in this section. An 2,766
appropriation by the general assembly to the society constitutes 2,767
an offer to contract with the society to carry out those public 2,768
functions for which appropriations are made. An acceptance by 2,769
the society of the appropriated funds constitutes an acceptance 2,770
by the society of the offer and is considered an agreement by the 2,771
society to perform those functions in accordance with the terms 2,772
of the appropriation and the law and to expend the funds only for 2,773
the purposes for which appropriated. The governor may request on 2,774
behalf of the society, and the controlling board may release, 2,775
additional funds to the society for survey, salvage, repair, or 2,776
rehabilitation of an emergency nature for which funds have not 2,777
65
been appropriated, and acceptance by the society of such moneys 2,778
THOSE FUNDS constitutes an agreement on the part of the society 2,779
to expend such THOSE funds only for the purpose for which 2,781
released by the controlling board. 2,782
The society shall faithfully expend and apply all moneys 2,784
received from the state to the uses and purposes directed by law 2,785
and for necessary administrative expenses. The society shall 2,786
perform the public function of sending notice by certified mail 2,787
to the owner of any property at the time it is listed on the 2,788
national register of historic places. The society shall 2,789
accurately record all expenditures of such funds in conformity 2,790
with generally accepted accounting principles. 2,791
The auditor of state shall audit all funds and fiscal 2,793
records of the society. 2,794
The public functions to be performed by the Ohio historical 2,796
society shall include ALL OF THE FOLLOWING: 2,797
(A) Creating, supervising, operating, protecting, 2,799
maintaining, and promoting for public use a system of state 2,800
memorials, titles to which may reside wholly or in part with this 2,801
state or wholly or in part with the society as provided in and in 2,802
conformity to appropriate acts and resolves of the general 2,803
assembly, and leasing for renewable periods of two years or less, 2,804
with the advice and consent of the attorney general and the 2,805
director of administrative services, lands and buildings owned by 2,806
the state which are in the care, custody, and control of the 2,807
society, all of which shall be maintained and kept for public use 2,808
at reasonable hours; 2,809
(B) Making alterations and improvements, marking, and 2,811
constructing, reconstructing, protecting, or restoring 2,812
structures, earthworks, and monuments in its care, and equipping 2,813
such facilities with appropriate educational maintenance 2,814
facilities; 2,815
(C) Serving as the archives administration for the state 2,817
and its political subdivisions as provided in sections 149.31 to 2,818
66
149.42 of the Revised Code; 2,819
(D) Administering a state historical museum, to be the 2,821
headquarters of the society and its principal museum and library, 2,822
which shall be maintained and kept for public use at reasonable 2,823
hours; 2,824
(E) Establishing a marking system to identify all 2,826
designated historic and archaeological sites within the state and 2,827
marking or causing to be marked historic sites and communities 2,828
considered by the society to be historically or archaeologically 2,829
significant; 2,830
(F) Publishing books, pamphlets, periodicals, and other 2,832
publications about history, archaeology, and natural science and 2,833
supplying one copy of each regular periodical issue to all public 2,834
libraries in this state without charge; 2,835
(G) Engaging in research in history, archaeology, and 2,837
natural science and providing historical information upon request 2,838
to all state agencies; 2,839
(H) Collecting, preserving, and making available by all 2,841
appropriate means and under approved safeguards all manuscript, 2,842
print, or near-print library collections and all historical 2,843
objects, specimens, and artifacts which pertain to the history of 2,844
Ohio and its people, including the following original documents: 2,845
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 2,846
Ohio Constitution of 1875; design and the letters of patent and 2,847
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 2,848
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 2,849
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 2,850
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 2,851
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 2,852
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 2,853
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 2,854
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 2,855
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 2,856
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 2,857
67
(1947); 2,858
(I) Encouraging and promoting the organization and 2,860
development of county and local historical societies; 2,861
(J) Providing Ohio schools with such materials at cost or 2,863
near cost as the society may prepare to facilitate the 2,864
instruction of Ohio history; 2,865
(K) Providing advisory and technical assistance to local 2,867
societies for the preservation and restoration of historic and 2,868
archaeological sites; 2,869
(L) Devising uniform criteria for the designation of 2,871
historic and archaeological sites throughout the state and 2,872
advising local historical societies of the criteria and their 2,873
application; 2,874
(M) Taking inventory, in cooperation with the Ohio arts 2,876
council, the Ohio archaeological council, and the archaeological 2,877
society of Ohio, of significant designated and undesignated state 2,878
and local sites and keeping an active registry of all designated 2,879
sites within the state; 2,880
(N) Contracting with the owners or persons having an 2,882
interest in designated historic or archaeological sites or 2,883
property adjacent or contiguous to such THOSE sites, or 2,884
acquiring, by purchase, gift, or devise, easements in such THOSE 2,886
sites or in property adjacent or contiguous to such THOSE sites, 2,888
in order to control or restrict the use of such THOSE historic or 2,890
archaeological sites or adjacent or contiguous property for the 2,892
purpose of restoring or preserving the historical or 2,893
archaeological significance or educational value of such THOSE 2,894
sites;
(O) Constructing a monument honoring Governor James A. 2,896
Rhodes, which shall stand on the northeast quadrant of the 2,897
grounds surrounding the capitol building. The monument shall be 2,898
constructed with private funds donated to the Ohio historical 2,899
society and designated for this purpose. No public funds shall 2,900
be expended to construct this monument. The department of 2,901
68
administrative services shall cooperate with the Ohio historical 2,902
society in carrying out this function and shall maintain the 2,903
monument in a manner compatible with the grounds of the capitol 2,904
building. 2,905
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 2,907
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 2,908
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 2,909
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 2,910
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 2,911
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 2,913
building for the purpose of educating visitors about the history 2,914
of ohio OHIO, including its political, economic, and social 2,915
development and the design and erection of the capitol building 2,916
and its grounds. The Ohio historical society may accept 2,917
contributions of private moneys and in-kind services designated 2,918
for this purpose and may, at the discretion of its board of 2,919
trustees, also apply, for the same purpose, personnel and other 2,920
resources paid in whole or in part by its state subsidy. 2,921
(Q)(R) Submitting an annual report of its activities, 2,923
programs, and operations to the governor within two months after 2,924
the close of each fiscal year of the state. 2,925
The society shall not sell, mortgage, transfer, or dispose 2,927
of historical or archaeological sites to which it has title and 2,928
in which the state has monetary interest except by action of the 2,929
general assembly. 2,930
In consideration of the public functions performed by the 2,932
Ohio historical society for the state, employees of the society 2,933
shall be considered public employees within the meaning of 2,934
section 145.01 of the Revised Code. 2,935
Sec. 166.03. (A) There is hereby created the facilities 2,944
establishment fund within the state treasury, consisting of 2,945
proceeds from the issuance of obligations as specified under 2,946
section 166.08 of the Revised Code; the moneys received by the 2,947
69
state from the sources specified in section 166.09 of the Revised 2,948
Code; service charges imposed under sections 166.06 and 166.07 of 2,949
the Revised Code; any grants, gifts, or contributions of moneys 2,950
received by the director of development to be used for loans made 2,951
under section 166.07 of the Revised Code or for the payment of 2,952
the allowable costs of project facilities; and all other moneys 2,953
appropriated or transferred to the fund. Moneys in the loan 2,954
guarantee fund in excess of four per cent of the unpaid principal 2,955
amount of loan repayments guaranteed under section 166.06 of the 2,956
Revised Code, but subject to the provisions and requirements of 2,957
any guarantee contracts, may be transferred to the facilities 2,958
establishment fund by the treasurer of state upon the order of 2,959
the director of development. Moneys received by the state under 2,960
Chapter 122. of the Revised Code, to the extent allocable to the 2,961
utilization of moneys derived from proceeds of the sale of 2,962
obligations pursuant to section 166.08 of the Revised Code, shall 2,963
be credited to the facilities establishment fund. 2,964
(B) All moneys appropriated or transferred to the 2,966
facilities establishment fund may be released at the request of 2,967
the director for payment of allowable costs or the making of 2,968
loans under this chapter, for transfer to the loan guarantee fund 2,969
established in section 166.06 of the Revised Code, or for use for 2,970
the purpose of or transfer to the funds established by sections 2,972
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and
122.80, and; until June 30, 1999, sections SECTION 122.26; and 2,974
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 2,975
for such of those purposes as are within the authorization of 2,977
Section 13 of Article VIII, Ohio Constitution, in all cases 2,978
subject to the approval of the controlling board. 2,979
(C) Moneys transferred to the facilities establishment 2,981
fund under section 3734.82 of the Revised Code shall be used 2,982
exclusively for eligible projects that recover or recycle energy 2,983
from scrap tires, as "scrap tires" is defined in section 3734.01 2,984
of the Revised Code, for any of the following purposes: 2,985
70
(1) Making loans under this chapter; 2,987
(2) Making grants; 2,989
(3) Providing other incentives, including, without 2,991
limitation, entering into contracts with private entities to 2,992
conduct environmental studies or tests for eligible projects that 2,993
propose to recover energy from scrap tires. 2,994
The director shall adopt rules under division (B)(9) of 2,996
section 166.02 of the Revised Code for the purpose of 2,997
administering this division. 2,998
(D) The department of development, in the administration 3,000
of the facilities establishment fund, is encouraged to utilize 3,001
and promote the utilization of, to the maximum practicable 3,002
extent, the other existing programs, business incentives, and tax 3,003
incentives that department is required or authorized to 3,004
administer or supervise. 3,005
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 3,008
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 3,010
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 3,012
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 3,014
PROJECTS THAT RECOVER OR RECYCLE ENERGY FROM SCRAP TIRES, AS 3,015
"SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED CODE, 3,016
OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 3,018
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 3,019
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 3,021
(2) MAKING GRANTS; 3,023
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 3,025
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 3,026
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 3,027
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 3,028
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 3,030
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 3,032
PURPOSE OF ADMINISTERING THIS SECTION. 3,033
Sec. 166.05. (A) In determining the projects to be 3,042
71
assisted and the nature, amount, and terms of assistance to be 3,043
provided for an eligible project under this chapter: 3,044
(1) Except as otherwise provided in division (A)(3) of 3,046
this section, the director of development shall take into 3,047
consideration all of the following: 3,048
(a) The number of jobs to be created or preserved, 3,050
directly or indirectly; 3,051
(b) Payrolls, and the taxes generated, at both state and 3,053
local levels, by the eligible project and by the employment 3,054
created or preserved by the eligible project; 3,055
(c) The size, nature, and cost of the eligible project, 3,057
including the prospect of the project for providing long-term 3,058
jobs in enterprises consistent with the changing economics of the 3,059
state and the nation; 3,060
(d) The needs, and degree of needs, of the area in which 3,062
the eligible project is to be located; 3,063
(e) The needs of any private sector enterprise to be 3,065
assisted; 3,066
(f) The competitive effect of the assistance on other 3,068
enterprises providing jobs for people of the state; 3,069
(g) The amount and kind of assistance, if any, to be 3,071
provided to the private sector enterprise by other governmental 3,072
agencies through tax exemption or abatement, financing assistance 3,073
with industrial development bonds, and otherwise, with respect to 3,074
the eligible project; 3,075
(h) The impact of the eligible project and its operations 3,077
on local government services, including school services, and on 3,078
public facilities; 3,079
(i) The effect of the assistance on the loss of or damage 3,081
to or destruction of prime farmland, or the removal from 3,082
agricultural production of prime farmland. As used in this 3,083
section, "prime farmland" means agricultural land that meets the 3,084
criteria for this classification as defined by the United States 3,085
soil conservation service. 3,086
72
(j) The length of time the operator of the project has 3,088
been operating facilities within the state; 3,089
(k) The reservation of financial assistance made by the 3,091
general assembly for small business concerns. 3,092
(2) The benefits to the local area, including taxes, jobs, 3,094
and reduced unemployment and reduced welfare costs, among others, 3,095
may be accorded value in the leasing or sales of project 3,096
facilities and in loan and guarantee arrangements. 3,097
(3) For the purpose of making the determination required 3,099
under division (A) of this section for loans, grants, or other 3,100
incentives for eligible projects under division (C) of section 3,101
166.03 of the Revised Code, the director may consider factors 3,102
different from and in lieu of those established in divisions 3,103
(A)(1)(a) to (k) of this section as provided in rules adopted 3,104
pursuant to division (C) of section 166.03 of the Revised Code. 3,105
(B) Prior to granting final approval of the assistance to 3,107
be provided, the director shall determine that the benefits to be 3,109
derived by the state and local area from the establishment or 3,110
development, and operation, of the eligible project will exceed 3,111
the cost of providing such assistance and, except as provided in 3,112
division (C)(2) of this section, shall submit to the development 3,114
financing advisory council and to the controlling board a copy of 3,116
that determination including the basis for the determination. 3,117
(C)(1) Except as provided in division (C)(2) of this 3,120
section, prior to the submission provided for in division (B) of 3,122
this section to the controlling board, the director shall submit 3,123
to the development financing advisory council data pertinent to 3,125
the considerations set forth in division (A) of this section, the 3,126
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 3,128
request. 3,129
(2) The director is not required to submit any 3,131
determination, data, terms, or other application materials or 3,132
information to the development financing advisory council when 3,133
73
provision of the assistance has been recommended to the director 3,135
by a regional economic development entity.
(D) The development financing advisory council, on the 3,137
basis of such data, shall make recommendations as to the 3,139
appropriateness of the assistance to be provided. The 3,140
recommendations may be revised to reflect any changes in the 3,141
proposed assistance as the director may submit to the council. 3,143
The recommendations, as amended, of the council as to the 3,144
appropriateness of the proposed assistance shall be submitted to 3,145
the controlling board. 3,146
(E) Financial statements and other data submitted to the 3,148
director of development, the development financing advisory 3,149
council, or the controlling board by any private sector person in 3,151
connection with financial assistance under this chapter, or any 3,152
information taken from such statements or data for any purpose, 3,153
shall not be open to public inspection. The development 3,154
financing advisory council in considering confidential 3,155
information in connection with financial assistance under this 3,157
chapter may, only for consideration of the confidential 3,158
information referred to, and in the manner provided in division 3,159
(E) of section 121.22 of the Revised Code, close the meeting 3,160
during such consideration.
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 3,162
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 3,164
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 3,165
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 3,166
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,167
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 3,168
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 3,169
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 3,170
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 3,172
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,175
74
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 3,176
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 3,177
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 3,178
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 3,181
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 3,183
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 3,185
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 3,186
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 3,187
Sec. 307.851. (A) Notwithstanding anything to the 3,196
contrary in the Revised Code, a board of county commissioners of 3,197
a county that has enacted a tax levy under section 5705.191 of 3,198
the Revised Code may, in addition to exercising the other powers 3,200
granted to a board of county commissioners, MAY enter into a 3,201
contract with any corporation or association, whether the 3,203
corporation or association is for profit or nonprofit, for that 3,204
corporation or association to provide the services described in 3,205
this section and for the county to pay for those contracted 3,206
services with the proceeds of that tax levy, provided that IF THE 3,207
proceeds from the THAT tax levy are used only for the purpose or 3,209
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 3,211
addiction, and mental health services; services for the mentally 3,213
retarded or developmentally disabled; and public ANY OR ALL 3,214
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 3,215
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 3,217
division (A) of this section, the board of county commissioners 3,218
shall first SHALL notify, in writing, the alcohol, drug 3,220
addiction, and mental health services board; the board of mental 3,222
retardation and developmental disabilities; or the board of the 3,223
75
health district or combined general health district of that 3,225
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 3,226
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 3,227
SERVICES to be provided under the contract, of the board's BOARD 3,230
OF COUNTY COMMISSIONER'S intention to enter into a contract with 3,231
a corporation or association to provide a particular service THE 3,233
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 3,234
THE COUNTY. The notice shall delineate IDENTIFY the particular 3,236
service SERVICES to be SO provided, identify the corporation or 3,237
association with which the board proposes to contract, and 3,238
INDICATE the amount proposed to be paid to the corporation or 3,241
association for performing those services. The notified AGENCY, 3,242
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 3,243
inform the board of county commissioners of its intention to 3,245
provide that service THE SERVICES itself or authorize the board 3,247
of county commissioners to contract with the proposed corporation 3,248
or association to provide the service SERVICES. If the board of 3,249
county commissioners receives no response from a notified AGENCY, 3,250
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 3,251
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 3,254
deemed to have authorized the proposed contract. Once the 3,256
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 3,258
may enter into a contract with the corporation or association, as 3,259
proposed.
(C) In addition to any other terms that the board OF 3,261
COUNTY COMMISSIONERS finds appropriate, any agreement entered 3,263
into under division (A) of this section shall provide all the 3,264
following:
(1) That the corporation or association shall keep current 3,266
and accurate accounts of its use of the moneys it receives from 3,267
the county;
(2) That the corporation or association shall, at least 3,270
76
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 3,272
Revised Code, of any services or programs it has performed with 3,273
county moneys. A copy of the fiscal audit report shall be 3,275
provided to the board of county commissioners, the county
auditor, and the auditor of state. 3,276
(3) That the corporation or association is liable to repay 3,278
to the county any county moneys it receives that are improperly 3,279
used;
(4) That the corporation or association shall repay to the 3,281
board OF COUNTY COMMISSIONERS all county moneys remaining unused 3,283
at the end of the fiscal year or other accounting period for 3,284
which the board paid the moneys, except that, when the recipient 3,286
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 3,287
accounting period for which the board paid the moneys, the 3,288
recipient need not repay the county moneys remaining unused; 3,289
(5) That the corporation or association shall provide the 3,291
board of county commissioners annually a summary of the program 3,292
or service activities it has performed with county moneys. 3,294
Sec. 307.98. Each board of county commissioners shall 3,304
enter into a written partnership agreement with the director of 3,305
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 3,307
agreement, the board shall conduct a public hearing and consult 3,309
with the county human services planning committee established 3,310
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 3,311
recommendations concerning what would be the county's obligations 3,313
and responsibilities under the agreement or amendment. AS 3,314
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN THE 3,315
PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL AMENDMENTS TO THE 3,316
AGREEMENT.
77
Sec. 329.04. (A) The county department of human services 3,325
shall have, exercise, and perform the following powers and 3,326
duties:
(1) Perform any duties assigned by the department of human 3,329
services regarding the provision of public social services, 3,330
including the provision of the following services to prevent or 3,331
reduce economic or personal dependency and to strengthen family 3,332
life:
(a) Services authorized by Title IV-A of the "Social 3,334
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 3,336
and known in this state as the Ohio works first program 3,337
established by Chapter 5107. of the Revised Code and the 3,338
prevention, retention, and contingency program established under 3,339
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 3,342
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 3,344
support enforcement agency, services authorized by Title IV-D of 3,345
the "Social Security Act" and provided for by sections 2301.34 to 3,346
2301.44 of the Revised Code. The county department may perform 3,348
the services itself or contract with other government entities, 3,349
and, pursuant to division (C) of section 2301.35 and section 3,350
2301.42 of the Revised Code, private entities, to perform the 3,351
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 3,353
of the Revised Code as required by the state department of human 3,354
services;
(3) Administer burials insofar as the administration of 3,356
burials was, prior to September 12, 1947, imposed upon the board 3,357
of county commissioners and if otherwise required by state law; 3,358
(4) Cooperate with state and federal authorities in any 3,360
matter relating to human services and to act as the agent of such 3,361
authorities;
78
(5) Submit an annual account of its work and expenses to 3,364
the board of county commissioners and to the department of human 3,365
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 3,368
services imposed upon the county department of human services by 3,369
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 3,370
emergencies during war or peace; 3,371
(7) Determine the eligibility for medical assistance of 3,373
recipients of aid under Title XVI of the "Social Security Act"; 3,374
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 3,376
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 3,377
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 3,378
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 3,380
county commissioners under section 307.983, consult with the 3,382
board in the development of the transportation work plan
developed under section 307.984, establish with the board 3,383
procedures under section 307.985 for providing services to 3,384
children whose families relocate frequently, and comply with the 3,385
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 3,386
307.982 of the Revised Code that affect the county department. 3,387
(B) The powers and duties of a county department of human 3,389
services are, and shall be exercised and performed, under the 3,390
control and direction of the board of county commissioners. The 3,391
board may assign to the county department any power or duty of 3,392
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 3,393
federal cost allocation plan, the county department may not 3,394
implement the power or duty unless the United States department 3,395
of health and human services approves the changes. 3,396
Sec. 329.06. (A) Except as provided in division (C) of 3,406
this section, the board of county commissioners shall establish a 3,407
79
county human services planning committee. The board shall 3,408
appoint a member to represent the county department of human 3,409
services; an employee in the classified civil service of the 3,410
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 3,411
appoint other individuals to the committee in such a manner that 3,412
the committee's membership is broadly representative of the 3,413
groups of individuals and the public and private entities that 3,414
have an interest in the social services provided in the county. 3,415
The board shall make appointments in a manner that reflects the 3,416
ethnic and racial composition of the county. The following 3,417
groups and entities may be represented on the committee: 3,418
(1) Consumers of social services; 3,420
(2) The public children services agency; 3,422
(3) The child support enforcement agency; 3,424
(4) The county family and children first council; 3,426
(5) Public and private colleges and universities; 3,428
(6) Public entities that provide social services, 3,430
including boards of health, boards of education, the county board 3,432
of mental retardation and developmental disabilities, and the 3,433
board of alcohol, drug addiction, and mental health services that 3,434
serves the county;
(7) Private nonprofit and for-profit entities that provide 3,437
social services in the county or that advocate for consumers of 3,438
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 3,439
(8) Labor organizations; 3,441
(9) Any other group or entity that has an interest in the 3,443
social services provided in the county, including groups or 3,444
entities that represent any of the county's business, urban, and 3,445
rural sectors. 3,446
(B) The county human services planning committee shall do 3,449
all of the following: 3,450
(1) Serve as an advisory body to the board of county 3,452
80
commissioners with regard to the social services provided in the 3,453
county, including assistance under Chapters 5107. and 5108. of 3,455
the Revised Code, publicly funded child day-care under Chapter 3,458
5104. of the Revised Code, and social services provided under 3,461
section 5101.46 of the Revised Code; 3,463
(2) AT LEAST TWICE ANNUALLY, REVIEW AND ANALYZE THE COUNTY 3,465
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 3,466
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 3,467
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 3,469
IT TO EXAMINE ALL OF THE FOLLOWING: 3,470
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 3,473
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 3,475
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 3,477
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 3,478
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 3,480
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 3,482
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 3,484
CHAPTER 5117. OF THE REVISED CODE; 3,485
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 3,487
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 3,489
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 3,490
REGARDING THE COMMITTEE'S FINDINGS. 3,491
(3) Provide comments and recommendations to the board 3,493
prior to the board's entering into or substantially amending a 3,494
partnership agreement with the director of human services under 3,497
section 307.98 of the Revised Code; 3,498
(3)(4) Conduct public hearings on proposed county profiles 3,501
for the provision of social services under section 5101.46 of the 3,502
Revised Code; 3,504
(4)(5) At the request of the board, make recommendations 3,506
and provide assistance regarding the social services provided in 3,507
the county; 3,508
(5)(6) At any other time the committee considers 3,510
81
appropriate, consult with the board and make recommendations 3,511
regarding the social services provided in the county. The 3,512
committee's recommendations may address the following: 3,513
(a) Implementation and administration of social service 3,516
programs;
(b) Use of federal, state, and local funds available for 3,519
social service programs;
(c) Establishment of goals to be achieved by social 3,522
service programs;
(d) Evaluation of the outcomes of social service programs; 3,525
(e) Any other matter the board considers relevant to the 3,528
provision of social services.
(C) If there is a committee in existence in a county on 3,531
the effective date of this amendment OCTOBER 1, 1997, that the 3,532
board of county commissioners determines is capable of fulfilling 3,534
the responsibilities of a county human services planning 3,535
committee, the board may designate the committee as the county's 3,536
human services planning committee and the committee shall serve 3,537
in that capacity.
Sec. 329.12. (A) A county department of human services 3,547
may establish an individual development account program for 3,548
residents of the county. The program shall provide for 3,549
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 3,550
COUNTY DEPARTMENT, to be used as matching funds for deposit in 3,551
the accounts. 3,552
(B) A county department shall select a fiduciary 3,556
organization to administer its individual development account 3,557
program. In selecting a fiduciary organization, the department 3,559
shall consider all of the following regarding the organization: 3,561
(1) Its ability to market the program to potential 3,563
participants and matching fund contributors; 3,564
(2) Its ability to invest money in the accounts in a way 3,567
that provides for return with minimal risk of loss;
82
(3) Its overall administrative capacity, including the 3,569
ability to verify eligibility of individuals for participation in 3,570
the program, prevent unauthorized use of matching contributions, 3,572
and enforce any penalties for unauthorized uses that may be 3,573
provided for by rule adopted by the state department of human 3,574
services under section 5101.971 of the Revised Code.; 3,575
(4) Its ability to provide financial counseling to 3,578
participants;
(5) Its affiliation with other activities designed to 3,580
increase the independence of individuals and families through 3,581
postsecondary education, home ownership, and business 3,582
development; 3,583
(6) Any other factor the county department considers 3,585
appropriate.
(C) At the time it commences the program and on the first 3,589
day of each subsequent program year, the county department may 3,590
make a grant to the fiduciary organization to pay all or part of 3,591
the administrative costs of the program.
(D) The county department shall require the fiduciary 3,595
organization to collect and maintain information regarding the 3,596
program, including all of the following: 3,597
(1) The number of accounts established; 3,599
(2) The amount deposited by each participant and the 3,602
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 3,604
including the number of participants who used funds for 3,605
postsecondary educational expenses and the institutions attended, 3,607
the number of personal residences purchased, and the number of 3,608
participants who used funds for business capitalization; 3,609
(4) The demographics of program participants; 3,611
(5) The number of participants who withdrew from the 3,613
program and the reasons for withdrawal. 3,614
(E) The county department shall prepare and file with the 3,618
state department of human services a semi-annual report 3,619
83
containing the information the state department requires by rule 3,620
adopted under section 5101.971 of the Revised Code, with the 3,622
first report being filed at the end of the six-month period 3,623
following the effective date of this section. 3,624
Sec. 901.41. As used in this section and in section 901.42 3,634
of the Revised Code:
(A) "Director" means the director of agriculture or the 3,636
designee of the director of agriculture. 3,637
(B) "Exhibition" means a display of animals that is open 3,640
to the public.
(C) "National exhibition" means an exhibition where 3,642
species from fifteen or more states or nations are exhibited. 3,643
(D) "Nonprofit association" means any corporation, 3,645
society, partnership, or other organization formed under the laws 3,646
of this state or another state or nation providing for the 3,647
establishment and governance of nonprofit entities. 3,648
(E) "Ohio expositions center" means the property that is 3,651
held by this state for the purpose of conducting fairs, 3,652
expositions, and exhibits and that is maintained and managed by 3,653
the Ohio expositions commission under section 991.03 of the 3,654
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 3,657
medals, achievement pins, trophies, or merchandise presented for 3,658
animals of superior quality. 3,659
(G) "Rental costs" means the costs associated with the 3,662
rental of the facilities, or a portion thereof, at the Ohio 3,663
expositions center, including, without limitation, grounds, 3,664
buildings, pens, animal feeding or watering equipment, and 3,665
tieouts. "Rental costs" also include INCLUDES labor costs 3,666
associated with set-up, tear-down, and security. 3,668
(H) "Species" means dairy cattle, beef cattle, swine, 3,670
RABBITS, POULTRY, and sheep. 3,671
Sec. 901.62. (A) The agricultural financing commission 3,680
shall consist of eight NINE members. Six of the members shall be 3,682
84
appointed by the governor with the advice and consent of the 3,683
senate. The director of agriculture, THE DIRECTOR OF 3,685
DEVELOPMENT, and the treasurer of state or, in their absence, 3,686
their designees, shall also be voting members of the commission. 3,687
Of the six appointed members, three shall have experience in 3,688
agriculture, and three shall have experience in agricultural 3,689
finance, including lending and loan servicing. No more than four 3,690
of the appointed members of the commission shall be of the same 3,691
political party. The speaker of the house of representatives and 3,692
the president of the senate shall each recommend to the governor 3,693
one person for consideration as one of the governor's 3,694
appointments. Terms of office for appointed members shall be for 3,695
six years commencing on the first day of February and ending on 3,696
the thirty-first day of January. Each member shall hold office 3,697
from the date of his appointment until the end of the term for 3,698
which he was appointed. Any member appointed to fill a vacancy 3,699
occurring prior to the expiration of the term for which his THE 3,700
MEMBER'S predecessor was appointed shall hold office for the 3,702
remainder of such THAT term. Any appointed member shall continue 3,704
in office subsequent to the expiration date of his THE MEMBER'S 3,705
term until his THE MEMBER'S successor takes office, or until a 3,706
period of sixty days has elapsed, whichever occurs first. Each 3,708
appointed member may be removed from office by the governor for 3,709
misfeasance, nonfeasance, or malfeasance in office, or for 3,710
failure to attend in person three consecutive meetings of the 3,711
agency COMMISSION.
(B) The director of agriculture shall be the chairman 3,713
CHAIRPERSON of the commission. The commission shall elect one of 3,715
its appointed members as vice-chairman VICE-CHAIRPERSON and such 3,716
other officers as it considers necessary, who need not be members 3,718
of the commission. Each appointed member of the commission shall 3,719
receive compensation at the rate of fifty dollars per commission 3,720
meeting attended in person, not to exceed a maximum of three 3,721
thousand dollars per year. All members shall be reimbursed for 3,722
85
their actual and necessary expenses incurred in the discharge of 3,723
their official duties. Members of the commission shall file with 3,724
the Ohio ethics commission the disclosure statement described in 3,725
division (A) of section 102.02 of the Revised Code on the form 3,726
prescribed by the Ohio ethics commission and subject to divisions 3,727
(C) and (D) of that section. 3,728
(C) Five members of the commission constitute a quorum, 3,730
and the affirmative vote of five members shall be necessary for 3,731
any action taken by the commission. No vacancy in membership of 3,732
the commission impairs the right of a quorum to exercise all the 3,733
rights and perform all the duties of the commission. Meetings of 3,734
the commission may be held at any place within the state. 3,735
Meetings of the commission, including notice of the place of 3,736
meetings, shall comply with section 121.22 of the Revised Code. 3,737
Sec. 901.63. (A) The agricultural financing commission 3,746
shall do both of the following until June 30, 1999 JULY 1, 2001: 3,748
(1) Make recommendations to the director of agriculture 3,750
about financial assistance applications made pursuant to sections 3,752
901.80 to 901.83 of the Revised Code. In making its 3,753
recommendations, the commission shall utilize criteria 3,754
established by rules adopted under division (A)(8)(b) of section 3,755
901.82 of the Revised Code. 3,756
(2) Advise the director in the administration of sections 3,758
901.80 to 901.83 of the Revised Code. 3,759
With respect to sections 901.80 to 901.83 of the Revised 3,762
Code, the role of the commission is solely advisory. No officer, 3,763
member, or employee of the commission is liable for damages in a 3,764
civil action for any injury, death, or loss to person or property 3,765
that allegedly arises out of purchasing any loan or providing a 3,766
loan guarantee, failure to purchase a loan or provide a loan 3,767
guarantee, or failure to take action under sections 901.80 to 3,768
901.83 of the Revised Code, or that allegedly arises out of any 3,769
act or omission of the department of agriculture that involves 3,770
those sections. 3,771
86
(B) The commission may: 3,773
(1) Adopt bylaws for the conduct of its business; 3,775
(2) Exercise all rights, powers, and duties conferred on 3,777
the commission as an issuer under Chapter 902. of the Revised 3,778
Code; 3,779
(3) Contract with, retain, or designate financial 3,781
consultants, accountants, and such other consultants and 3,782
independent contractors as the commission may determine to be 3,783
necessary or appropriate to carry out the purposes of this 3,784
chapter and to fix the terms of those contracts; 3,785
(4) Undertake and carry out or authorize the completion of 3,787
studies and analyses of agricultural conditions and needs within 3,788
the state relevant to the purpose of this chapter to the extent 3,789
not otherwise undertaken by other departments or agencies of the 3,790
state satisfactory for such purpose; 3,791
(5) Acquire by gift, purchase, foreclosure, or other 3,793
means, and hold, assign, pledge, lease, transfer, or otherwise 3,794
dispose of, real and personal property, or any interest in that 3,796
real and personal property, in the exercise of its powers and the 3,797
performance of its duties under this chapter and Chapter 902. of 3,798
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 3,800
financial or other form of aid from any federal, state, local, or 3,801
private agency or fund and enter into any contract with any such 3,802
agency or fund in connection therewith, and receive and accept 3,803
aid or contributions from any other source of money, property, 3,804
labor, or things of value, to be held, used, and applied only for 3,805
the purposes for which such grants and contributions are made, 3,806
all within the purposes of this chapter and Chapter 902. of the 3,807
Revised Code; 3,808
(7) Sue and be sued in its own name with respect to its 3,810
contracts or to enforce this chapter or its obligations or 3,811
covenants made under this chapter and Chapter 902. of the Revised 3,812
Code; 3,813
87
(8) Make and enter into all contracts, commitments, and 3,815
agreements, and execute all instruments necessary or incidental 3,816
to the performance of its duties and the execution of its powers 3,817
under this chapter and Chapter 902. of the Revised Code; 3,818
(9) Adopt an official seal; 3,820
(10) Do any and all things necessary or appropriate to 3,822
carry out the public purposes and exercise the powers granted to 3,823
the commission in this chapter and Chapter 902. of the Revised 3,824
Code and the public purposes of Section 13 of Article VIII, Ohio 3,825
Constitution. 3,826
Sec. 924.51. (A) There is hereby created the Ohio grape 3,835
industries committee consisting of nine members. The members 3,836
shall be the director of agriculture or the director's designee, 3,837
who shall chair the committee, the director of liquor control or 3,838
the director's designee, the chief of the division of markets of 3,841
the department of agriculture, the viticulture extension 3,842
specialist of the Ohio agricultural research and development 3,843
center, and five members who shall be appointed by the director 3,844
of agriculture.
(B) Of the five members of the committee appointed by the 3,846
director of agriculture, two shall be persons who receive the 3,847
major portion of their income from the production of grapes. The 3,848
term of one of these members shall begin January 1, 1982, and end 3,849
December 31, 1982, and the second member's term shall begin 3,850
January 1, 1982, and end December 31, 1983. Two members shall be 3,851
persons who receive the major portion of their income from the 3,852
production of wine from raw grape or fruit products in either raw 3,853
fruit or fresh juice form. The term of one of these members 3,854
shall begin January 1, 1982, and end December 31, 1982, and the 3,855
second member's term shall begin January 1, 1982, and end 3,856
December 31, 1983. One member shall be a person the major 3,857
portion of whose income is from the production of grape products 3,858
other than wine, such as juice, jams, or jellies; that member's 3,859
term shall begin January 1, 1982, and end December 31, 1984. 3,860
88
Thereafter, the terms for each appointed member of the committee 3,861
shall be for three years, commencing on the first day of January 3,862
and ending on the thirty-first day of December. No appointed 3,863
member shall serve more than two consecutive terms. The director 3,864
may remove any appointed member for cause. 3,865
(C) Members shall be appointed to fill vacancies caused by 3,867
death, resignation, or removal in the same manner prescribed for 3,868
regular appointment to the committee. Any member appointed to 3,869
fill a vacancy occurring prior to the expiration of the term for 3,870
which the member's predecessor was appointed shall hold office 3,871
for the remainder of the term. Any member shall continue in 3,873
office subsequent to the expiration date of that member's term 3,874
until that member's successor takes office, or until a period of 3,876
sixty days has elapsed, whichever occurs first. 3,877
(D) All members of the committee are entitled to their 3,879
actual and necessary expenses incurred in the performance of 3,880
their duties as members, payable from moneys received from the 3,881
Ohio grape industries fund created under section 924.54 of the 3,882
Revised Code. 3,883
(E) A majority of the committee constitutes a quorum. 3,885
(F) THE DIRECTOR SHALL PROVIDE THE COMMITTEE WITH MEETING 3,887
SPACE, OFFICE SPACE, AND OTHER ADMINISTRATIVE SUPPORT NECESSARY 3,888
TO ENABLE THE COMMITTEE TO CARRY OUT ITS FUNCTIONS, INCLUDING ANY 3,889
STAFF SUPPORT THAT THE DIRECTOR CONSIDERS NECESSARY. STAFF 3,890
PROVIDED BY THE DIRECTOR SHALL BE EMPLOYEES OF THE DEPARTMENT OF 3,891
AGRICULTURE WHO ARE ACCOUNTABLE TO THE DIRECTOR AND SUBJECT TO 3,892
THE DIRECTOR'S AUTHORITY AND SUPERVISION.
Sec. 924.55. The department of agriculture shall be 3,901
reimbursed for actual administrative and overhead costs, 3,902
INCLUDING, WITHOUT LIMITATION, THE COST OF PROVIDING MEETING 3,903
SPACE, OFFICE SPACE, AND STAFF SUPPORT, incurred in the 3,904
administration of sections 924.51 to 924.55 of the Revised Code 3,905
in an amount not to exceed ten per cent per year of the amount 3,906
received in that year in the Ohio grape industries fund created 3,907
89
under section 924.54 of the Revised Code.
Sec. 1155.07. Every savings and loan association organized 3,916
under the laws of this state shall make, as of the thirty-first 3,917
day of December and the thirtieth day of June of each year, a 3,918
report of the affairs and business of the association for the 3,919
preceding half year, showing its financial condition at the end 3,920
thereof. The statement as of the thirty-first day of December 3,921
shall be the annual statement of the association. The 3,922
superintendent of savings and loan associations FINANCIAL 3,923
INSTITUTIONS may also require monthly reports. 3,924
The superintendent may, by written order mailed to the 3,926
managing officer of such an association, require any association 3,927
to submit to him THE SUPERINTENDENT within a reasonable time 3,928
specified in the written order a report concerning its real 3,929
estate and other assets, other than the appraisals required by 3,930
section 1151.54 of the Revised Code. 3,931
Any such association refusing or neglecting to file any 3,933
report required by this section within the time specified shall 3,934
forfeit one hundred dollars for every day that such default 3,935
continues unless such penalty, in whole or in part, is waived by 3,936
the superintendent. The superintendent may maintain an action in 3,937
the name of the state to recover such forfeiture which, upon its 3,938
collection, shall be paid into the state treasury to the credit 3,939
of the division of savings and loan associations INSTITUTIONS 3,941
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 3,943
and correct accounts and shall observe such generally accepted 3,944
accounting principles and practices or generally accepted 3,945
auditing standards, as the superintendent prescribes. The 3,946
superintendent shall demand once a year, and at the expense of 3,947
the association, that its accounts be audited by an independent 3,948
auditor. A copy of the audit report shall be submitted to the 3,949
board of directors of the association and filed, together with 3,950
management's reponse, with the superintendent within thirty days 3,951
90
after presentation of the completed report to the board or not 3,952
later than the thirty-first day of March of the year next 3,953
succeeding the year for which the audit was conducted, whichever 3,954
occurs first, unless the time is extended by the superintendent. 3,955
At the conclusion of his THE audit of an association, an 3,957
independent auditor shall attend a meeting at which there are 3,958
present only the outside directors of the association or a 3,959
committee comprised of and appointed by such outside directors 3,960
and fully disclose at that time to those directors all audit 3,961
exceptions that developed during the audit and all relevant data 3,962
and information concerning the financial condition, investment 3,963
practices, and other financial policies and procedures of the 3,964
association. The meeting shall be held at a time and place that 3,965
is agreed upon by the independent auditor and the outside 3,966
directors or their committee. A complete record of the 3,967
proceedings of the meeting shall be kept in a minute book that is 3,968
maintained solely for the purpose of keeping such records. 3,969
Nothing in this paragraph shall be construed to prevent the 3,970
independent auditor from meeting at other times with inside 3,971
directors, officers, or employees of the association. 3,972
The superintendent may prescribe a schedule for the 3,974
preservation and destruction of books, records, certificates, 3,975
documents, reports, correspondence, and other instruments, 3,976
papers, and writings of such an association, even if such 3,977
association has been liquidated pursuant to law. An association 3,978
may dispose of any books, records, certificates, documents, 3,979
reports, correspondence, and other instruments, papers, and 3,980
writings which have been retained or preserved for the period 3,981
prescribed by the superintendent pursuant to this paragraph. The 3,982
requirements of this paragraph may be complied with by the 3,983
preservation of records in the manner prescribed in section 3,984
2317.41 of the Revised Code. 3,985
Sec. 1155.10. Whenever the superintendent of building and 3,994
loan associations FINANCIAL INSTITUTIONS considers it necessary, 3,996
91
he THE SUPERINTENDENT may make a special examination of any 3,997
building SAVINGS and loan association, and the expense of such 3,998
THE examination shall be paid by such THE association. Such 3,999
expenses shall be collected by the superintendent and paid into 4,001
the state treasury to the credit of the division of building and 4,002
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 4,003
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 4,005
superintendent otherwise than in the ordinary routine of his THE 4,006
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 4,007
opinion, the condition of the association requires such
examination, is a special examination within the meaning of this 4,008
section.
Sec. 1155.13. (A)(1) Each savings and loan association 4,017
subject to inspection and examination by the superintendent of 4,018
financial institutions and transacting business in this state as 4,019
of the thirty-first day of December of the prior fiscal year, or 4,020
the savings and loan association's successor in interest, shall 4,021
pay annual assessments to the superintendent as provided in this 4,022
section.
(2) After determining the budget of the division of 4,024
financial institutions for examination and regulation of savings 4,025
and loan associations, but prior to establishing the annual 4,026
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 4,027
expended or encumbered by the superintendent in the previous 4,028
fiscal year's budget and remaining in the building and loan 4,029
associations SAVINGS INSTITUTIONS fund from the amount to be 4,030
assessed. Based upon the resulting budget amount, the 4,031
superintendent shall make an assessment upon each savings and 4,032
loan association based on the total assets as shown on the books 4,033
of the savings and loan association as of the thirty-first day of 4,034
December of the previous fiscal year. The assessments shall be 4,035
collected on an annual or periodic basis within the fiscal year, 4,036
as determined by the superintendent.
92
(3) A savings and loan association authorized by the 4,038
superintendent to commence business in the period between 4,039
assessments shall pay the actual reasonable costs of the 4,040
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 4,042
shall be paid within fourteen days after receiving an invoice for 4,043
payment of the assessment or fee. 4,044
Any assessment or fee collected is not refundable. 4,046
(C) The superintendent shall pay all assessments and fees 4,048
charged pursuant to this section and all forfeitures required to 4,049
be paid to the superintendent into the state treasury to the 4,050
credit of the building and loan associations SAVINGS INSTITUTIONS 4,051
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 4,052
(D) Any money deposited into the state treasury to the 4,054
credit of the building and loan associations SAVINGS INSTITUTIONS 4,055
fund, but not expended or encumbered by the superintendent to 4,057
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 4,059
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 4,060
superintendent in subsequent years in the administration of 4,062
Chapters 1151. to 1157. of the Revised Code.
Sec. 1163.09. (A) Every savings bank organized under the 4,071
laws of this state, as of the thirty-first day of December and 4,072
the thirtieth day of June of each year, shall make a report of 4,073
the affairs and business of the savings bank for the preceding 4,074
half year, showing its financial condition at the end thereof. 4,075
The statement as of the thirty-first day of December shall be the 4,076
annual statement of the savings bank. The superintendent of 4,077
savings banks FINANCIAL INSTITUTIONS may also require monthly 4,078
reports. 4,079
(B) The superintendent, by written order mailed to the 4,081
managing officer of a savings bank, may require any savings bank 4,082
to submit to him THE SUPERINTENDENT within a reasonable time 4,083
specified in the written order a report concerning its real 4,085
93
estate and other assets, other than the appraisals required by 4,086
section 1161.81 of the Revised Code. 4,087
(C) Any savings bank refusing or neglecting to file any 4,089
report required by this section within the time specified shall 4,090
forfeit one hundred dollars for every day that the default 4,091
continues unless the penalty, in whole or in part, is waived by 4,092
the superintendent. The superintendent may maintain an action in 4,093
the name of the state to recover the forfeiture which, upon its 4,094
collection, shall be paid into the state treasury to the credit 4,095
of the division of savings banks INSTITUTIONS fund ESTABLISHED 4,097
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 4,099
and correct accounts and shall observe such generally accepted 4,100
accounting principles and practices or generally accepted 4,101
auditing standards, as the superintendent prescribes. The 4,102
superintendent shall demand once a year, and at the expense of 4,103
the savings bank, that its accounts be audited by an independent 4,104
auditor. A copy of the audit report shall be submitted to the 4,105
board of directors of the savings bank and filed, together with 4,106
management's reponse, with the superintendent within thirty days 4,107
after presentation of the completed report to the board or not 4,108
later than the thirty-first day of March of the year next 4,109
succeeding the year for which the audit was conducted, whichever 4,110
occurs first, unless the time is extended by the superintendent. 4,111
(E) At the conclusion of his THE audit of a savings bank, 4,113
an independent auditor shall attend a meeting at which there are 4,114
present only the outside directors of the savings bank or a 4,115
committee composed of and appointed by the outside directors and 4,116
fully disclose at that time to those directors all audit 4,117
exceptions that developed during the audit and all relevant data 4,118
and information concerning the financial condition, investment 4,119
practices, and other financial policies and procedures of the 4,120
savings bank. The meeting shall be held at a time and place that 4,121
is agreed upon by the independent auditor and the outside 4,122
94
directors or their committee. A complete record of the 4,123
proceedings of the meeting shall be kept in a minute book that is 4,124
maintained solely for the purpose of keeping these records. 4,125
Nothing in this division shall be construed to prevent the 4,126
independent auditor from meeting at other times with inside 4,127
directors, officers, or employees of the savings bank. 4,128
(F) The superintendent may prescribe a schedule for the 4,130
preservation and destruction of books, records, certificates, 4,131
documents, reports, correspondence, and other instruments, 4,132
papers, and writings of a savings bank, even if the savings bank 4,133
has been liquidated pursuant to law. A savings bank may dispose 4,134
of any books, records, certificates, documents, reports, 4,135
correspondence, and other instruments, papers, and writings that 4,136
have been retained or preserved for the period prescribed by the 4,137
superintendent pursuant to this division. The requirements of 4,138
this division may be complied with by the preservation of records 4,139
in the manner prescribed in section 2317.41 of the Revised Code. 4,140
Sec. 1163.13. Whenever the superintendent of savings banks 4,149
FINANCIAL INSTITUTIONS considers it necessary, he THE 4,150
SUPERINTENDENT may make a special examination of any savings 4,152
bank, and the expense of the examination shall be paid by the 4,153
savings bank. These moneys shall be collected by the 4,154
superintendent and paid into the state treasury to the credit of 4,155
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 4,156
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 4,157
superintendent otherwise than in the ordinary routine of his THE 4,158
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 4,159
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 4,160
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 4,170
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 4,171
thirty-first day of December of the prior fiscal year, or the 4,172
95
savings bank's successor in interest, shall pay annual 4,173
assessments to the superintendent as provided in this section. 4,174
(2) After determining the budget of the division of 4,176
financial institutions for examination and regulation of savings 4,177
banks, but prior to establishing the annual assessment amount 4,178
necessary to fund that budget, the superintendent shall include 4,179
any amounts collected but not yet expended or encumbered by the 4,180
superintendent in the previous fiscal year's budget and remaining 4,181
in the savings banks INSTITUTIONS fund from the amount to be 4,182
assessed. Based upon the resulting budget amount, the
superintendent shall make an assessment upon each savings bank 4,183
based on the total assets as shown on the books of the savings 4,184
bank as of the thirty-first day of December of the previous 4,185
fiscal year. The assessments shall be collected on an annual or 4,186
periodic basis within the fiscal year, as determined by the 4,187
superintendent.
(3) A savings bank authorized by the superintendent to 4,189
commence business in the period between assessments shall pay the 4,190
actual reasonable costs of the division's examinations and 4,191
visitations.
(B) Assessments and fees charged pursuant to this section 4,193
shall be paid within fourteen days after receiving an invoice for 4,194
payment of the assessment or fee. 4,195
Any assessment or fee collected is not refundable. 4,197
(C) The superintendent shall pay all assessments and fees 4,199
charged pursuant to this section and all forfeitures required to 4,200
be paid to the superintendent into the state treasury to the 4,201
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 4,202
SECTION 1181.18 OF THE REVISED CODE. 4,203
(D) Any money deposited into the state treasury to the 4,205
credit of the savings banks INSTITUTIONS fund, but not expended 4,206
or encumbered by the superintendent to defray the costs of 4,208
administering Chapters 1161. to 1165. of the Revised Code, shall 4,209
remain in the savings banks INSTITUTIONS fund for expenditures by 4,210
96
the superintendent in subsequent years in the administration of 4,211
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 4,220
treasury the financial institutions fund. The fund shall receive 4,222
assessments on the banks fund established under section 1125.28 4,223
of the Revised Code, the building and loan associations fund 4,224
established under section 1155.131 of the Revised Code, the 4,226
savings bank INSTITUTIONS fund established under section 1163.17 4,227
1181.18 of the Revised Code, the credit unions fund established 4,229
under section 1733.321 of the Revised Code, and the consumer 4,230
finance fund established under section 1321.21 of the Revised 4,232
Code in accordance with procedures prescribed by the 4,233
superintendent of financial institutions and approved by the 4,234
director of budget and management. Such assessments shall be in 4,235
addition to any assessments on these funds required under 4,236
division (G) of section 121.08 of the Revised Code. All 4,238
operating expenses of the division of financial institutions 4,239
shall be paid from the financial institutions fund. 4,240
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 4,242
TREASURY THE SAVINGS INSTITUTIONS FUND. 4,243
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 4,246
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 4,247
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 4,248
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 4,249
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 4,250
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 4,252
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 4,253
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 4,254
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 4,256
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 4,257
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 4,258
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 4,260
97
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 4,261
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 4,263
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 4,264
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 4,265
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 4,266
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 4,267
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 4,268
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 4,269
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 4,270
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 4,271
Sec. 1309.401. Four dollars AND FIFTY CENTS of each fee 4,280
collected by the secretary of state under sections 1309.42 and 4,282
1309.43 and divisions (E) and (H) of section 1309.40 of the 4,284
Revised Code, and all of the fees collected by the secretary of
state under section 1309.402 of the Revised Code, shall be 4,285
deposited in the state treasury to the credit of the corporate 4,286
and uniform commercial code filing fund, which is hereby created. 4,287
The remainder of each such fee shall be deposited in the general 4,288
revenue fund. All moneys credited to the corporate and uniform 4,289
commercial code filing fund shall be used only for the purpose of
paying for expenses relating to the processing of filings under 4,290
Title XVII and Chapter 1329. of the Revised Code and the uniform 4,291
commercial code.
Sec. 1501.01. Except where otherwise expressly provided, 4,300
the director of natural resources shall formulate and institute 4,301
all the policies and programs of the department of natural 4,302
resources. The chief of any division of the department shall not 4,303
enter into any contract, agreement, or understanding unless it is 4,304
approved by the director. 4,305
The director shall correlate and coordinate the work and 4,307
activities of the divisions in his THE department to eliminate 4,308
unnecessary duplications of effort and overlapping of functions. 4,309
98
The chiefs of the various divisions of the department shall meet 4,310
with the director at least once each month at a time and place 4,311
designated by the director. 4,312
The director may create advisory boards to any of those 4,314
divisions in conformity with section 121.13 of the Revised Code. 4,315
The director may accept and expend gifts, devises, and 4,317
bequests of money, lands, and other properties on behalf of the 4,318
department or any division thereof under the terms set forth in 4,319
section 9.20 of the Revised Code. Any political subdivision of 4,320
this state may make contributions to the department for the use 4,321
of the department or any division therein according to the terms 4,322
of the contribution. 4,323
The director may publish and sell or otherwise distribute 4,325
data, reports, and information. 4,326
The director shall adopt rules in accordance with Chapter 4,328
119. of the Revised Code to permit the department to accept by 4,329
means of a credit card the payment of fees, charges, and rentals 4,330
at those facilities described in section 1501.07 of the Revised 4,331
Code that are operated by the department, for any data, reports, 4,332
or information sold by the department, and for any other goods or 4,333
services provided by the department. 4,334
Whenever authorized by the governor to do so, the director 4,336
may appropriate property for the uses and purposes authorized to 4,337
be performed by the department and on behalf of any division 4,338
within the department. This authority shall be exercised in the 4,339
manner provided in sections 163.01 to 163.22 of the Revised Code 4,340
for the appropriation of property by the director of 4,341
administrative services. This authority to appropriate property 4,342
is in addition to the authority provided by law for the 4,343
appropriation of property by divisions of the department. The 4,344
director of natural resources also may acquire by purchase, 4,345
lease, or otherwise such real and personal property rights or 4,346
privileges in the name of the state as are necessary for the 4,347
purposes of the department or any division therein. The 4,348
99
director, with the approval of the governor and the attorney 4,349
general, may sell, lease, or exchange portions of lands or 4,350
property, real or personal, of any division of the department or 4,351
grant easements or licenses for the use thereof, or enter into 4,352
agreements for the sale of water from lands and waters under the 4,353
administration or care of the department or any of its divisions, 4,354
when the sale, lease, exchange, easement, agreement, or license 4,355
for use is advantageous to the state, provided that such approval 4,356
is not required for leases and contracts made under sections 4,357
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 4,359
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 4,360
from a reservoir only to the extent that the reservoir was 4,361
designed to yield a supply of water for a purpose other than 4,362
recreation or wildlife, and the water sold is in excess of that 4,363
needed to maintain the reservoir for purposes of recreation or 4,364
wildlife.
Money received from such sales, leases, easements, 4,366
exchanges, agreements, or licenses for use, except revenues 4,367
required to be set aside or paid into depositories or trust funds 4,368
for the payment of bonds issued under sections 1501.12 to 1501.15 4,369
of the Revised Code, and to maintain the required reserves 4,370
therefor as provided in the orders authorizing the issuance of 4,371
such bonds or the trust agreements securing such bonds, revenues 4,372
required to be paid and credited pursuant to the bond proceeding 4,373
applicable to obligations issued pursuant to section 154.22, and 4,374
revenues generated under section 1520.05 of the Revised Code, 4,375
shall be deposited in the state treasury to the credit of the 4,376
fund of the division of the department having prior jurisdiction 4,377
over the lands or property. If no such fund exists, the money 4,378
shall be credited to the general revenue fund. All such money 4,379
received from lands or properties administered by the division of 4,380
wildlife shall be credited to the wildlife fund. 4,381
The director shall provide for the custody, safekeeping, 4,383
and deposit of all moneys, checks, and drafts received by the 4,384
100
department or its employees prior to paying them to the treasurer 4,385
of state under section 113.08 of the Revised Code. 4,386
The director shall cooperate with the nature conservancy, 4,388
other nonprofit organizations, and the United States fish and 4,389
wildlife service in order to secure protection of islands in the 4,390
Ohio river and the wildlife and wildlife habitat of those 4,391
islands. 4,392
Sec. 1507.01. There is hereby created in the department of 4,401
natural resources the division of engineering to be administered 4,402
by the chief engineer of the department, who shall be a 4,403
professional engineer registered under Chapter 4733. of the 4,404
Revised Code. The chief engineer shall do all of the following: 4,405
(A) Administer this chapter; 4,407
(B) Provide engineering, architectural, land surveying, 4,409
and related administrative and maintenance support services to 4,410
the other divisions in the department; 4,411
(C) Upon request of the director of natural resources, 4,413
implement the department's capital improvement program and 4,414
facility maintenance projects, including all associated 4,415
engineering, architectural, design, contracting, surveying, 4,416
inspection, and management responsibilities and requirements; 4,417
(D) With the approval of the director, act as contracting 4,419
officer in departmental engineering, architectural, surveying, 4,420
and construction matters regarding capital improvements except 4,421
for those matters otherwise specifically provided for in law; 4,422
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 4,424
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 4,426
Burr Oak water system and, with the approval of the director, act 4,427
as contracting agent in matters concerning that system; 4,428
(F) Provide engineering support for the coastal management 4,430
program established under Chapter 1506. of the Revised Code; 4,431
(G) Coordinate the department's roadway maintenance 4,433
program with the department of transportation pursuant to section 4,434
5511.05 of the Revised Code and maintain the roadway inventory of 4,435
101
the department of natural resources; 4,436
(H) Coordinate the department's emergency response 4,438
activities with the emergency management agency created in 4,439
section 5915.02 5502.22 of the Revised Code; 4,440
(I) Coordinate the department's projects, programs, 4,442
policies, procedures, and activities with the United States army 4,443
corps of engineers; 4,444
(J) Subject to the approval of the director, employ 4,446
professional and technical assistants and such other employees as 4,447
are necessary for the performance of the activities required or 4,448
authorized under this chapter, other work of the division, and 4,449
any other work agreed to under working agreements or contractual 4,450
arrangements; prescribe their duties; and fix their compensation 4,451
in accordance with such schedules as are provided by law for the 4,452
compensation of state employees. 4,453
Sec. 1507.12. The chief engineer of the department of 4,462
natural resources shall adopt, and may amend and rescind, rules 4,463
in accordance with Chapter 119. of the Revised Code specifying 4,464
requirements and procedures for the provision of water service to 4,465
water users and establishing a rate schedule, including related 4,466
water service fees and late payment penalties, for the sale of 4,467
water from the Burr Oak water system sufficient to meet the 4,468
capital improvement and operating expenses of the system. The 4,469
revenue derived from the sale of the water shall be deposited 4,470
into the Burr Oak water system fund, which is hereby created in 4,471
the state treasury. All investment earnings of the fund shall be 4,472
credited to the fund. Money in the fund shall be used to pay the 4,473
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 4,474
Ohio water development authority, pursuant to Chapter 6121. of 4,475
the Revised Code, to meet the capital improvement expenses of the 4,476
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 4,478
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 4,479
102
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 4,480
FROM THE STATE. 4,481
For the purposes of this chapter, "Burr Oak water system" 4,483
means the Burr Oak water treatment plant and its transmission 4,484
lines, storage tanks, and other appurtenances. 4,485
Sec. 1509.02. There is hereby created in the department of 4,494
natural resources the division of oil and gas, which shall be 4,495
administered by the chief of the division of oil and gas. 4,496
The chief shall not hold any other public office, nor shall 4,498
he THE CHIEF be engaged in any occupation or business that might 4,499
interfere with or be inconsistent with his THE duties as chief. 4,500
All moneys collected by the chief pursuant to sections 4,502
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 4,503
NINETY PER CENT OF MONEYS RECEIVED BY THE TREASURER OF STATE FROM 4,504
THE TAX LEVIED IN DIVISIONS (A)(5) AND (6) OF SECTION 5749.02, 4,505
all civil penalties paid under section 1509.33, and, 4,507
notwithstanding any section of the Revised Code relating to the 4,508
distribution or crediting of fines for violations of the Revised 4,509
Code, all fines imposed under divisions (A) and (B) of section 4,510
1509.99 of the Revised Code and fines imposed under divisions (C) 4,511
and (D) of section 1509.99 of the Revised Code for all violations 4,512
prosecuted by the attorney general and for violations prosecuted 4,513
by prosecuting attorneys that do not involve the transportation 4,514
of brine by vehicle shall be deposited into the state treasury to 4,515
the credit of the oil and gas permit WELL fund, which is hereby 4,516
created. Fines imposed under divisions (C) and (D) of section 4,517
1509.99 of the Revised Code for violations prosecuted by 4,518
prosecuting attorneys that involve the transportation of brine by 4,519
vehicle shall be paid to the county treasury of the county where 4,520
the violation occurred.
The fund shall be used only FOR THE PURPOSES ENUMERATED IN 4,522
DIVISION (B) OF SECTION 1509.071 OF THE REVISED CODE, for the 4,523
expenses of the division associated with the administration of 4,524
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 4,525
103
3301, and FOR the division's other functions. The expenses of 4,526
the division in excess of the moneys available in the fund shall 4,527
be paid from general revenue fund appropriations to the 4,528
department.
Sec. 1509.071. (A) When the chief of the division of oil 4,537
and gas finds that an owner has failed to comply with the 4,538
restoration requirements of section 1509.072, plugging 4,539
requirements of section 1509.12, or permit provisions of section 4,540
1509.13 of the Revised Code, or rules and orders relating 4,541
thereto, the chief shall make a finding of that fact and declare 4,543
any surety bond filed to ensure compliance with those sections 4,544
and rules forfeited in the amount set by rule of the chief. The 4,545
chief thereupon shall certify the total forfeiture to the 4,546
attorney general, who shall proceed to collect the amount of the 4,547
forfeiture.
In lieu of total forfeiture, the surety, at its option, may 4,549
cause the well to be properly plugged and abandoned and the area 4,550
properly restored or pay to the treasurer of state the cost of 4,552
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 4,555
as provided in this section shall be deposited in the state 4,556
treasury to the credit of the oil and gas well plugging fund, 4,557
which is hereby created IN SECTION 1509.02 OF THE REVISED CODE. 4,558
The fund shall be expended by the chief for the following 4,560
purposes IN ADDITION TO THE OTHER PURPOSES SPECIFIED IN THAT 4,561
SECTION:
(1) In accordance with division (D) of this section, to 4,563
plug wells or to restore the land surface properly as required in 4,567
section 1509.072 of the Revised Code for which the bonds have 4,568
been forfeited, for abandoned wells for which no funds are 4,569
available to plug the wells in accordance with this chapter, or 4,571
to use abandoned wells for the injection of oil or gas production 4,573
wastes;
(2) In accordance with division (E) of this section, to 4,575
104
correct conditions that the chief reasonably has determined are 4,577
causing imminent health or safety risks. 4,578
Expenditures from the fund shall be made only for lawful 4,580
purposes. 4,581
(C)(1) Upon determining that the owner of a well has 4,584
failed to properly plug and abandon it or to properly restore the 4,585
land surface at the well site in compliance with the applicable 4,586
requirements of this chapter and applicable rules adopted and 4,587
orders issued under it or that a well is an abandoned well for 4,588
which no funds are available to plug the well in accordance with 4,589
this chapter, the chief shall do all of the following: 4,590
(a) Determine from the records in the office of the county 4,593
recorder of the county in which the well is located the identity 4,594
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the 4,595
well was drilled or the identity of each person owning an 4,596
interest in the lease, and the identities of the persons having 4,597
legal title to, or a lien upon, any of the equipment appurtenant 4,598
to the well; 4,599
(b) Mail notice to the owner of the land on which the well 4,602
is located informing the landowner that the well is to be 4,603
plugged. If the owner of the oil or gas lease under which the 4,604
well was drilled is different from the owner of the well or if
any persons other than the owner of the well own interests in the 4,605
lease, the chief also shall mail notice that the well is to be 4,606
plugged to the owner of the lease or to each person owning an 4,607
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 4,610
lien upon, any equipment appurtenant to the well, informing the 4,611
person that the well is to be plugged and offering the person the 4,612
opportunity to plug the well and restore the land surface at the 4,613
well site at the person's own expense in order to avoid 4,614
forfeiture of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) 4,617
105
of this section plugs the well within sixty days after the 4,618
mailing of the notice required by that division, all equipment 4,619
appurtenant to the well is hereby declared to be forfeited to 4,620
this state without compensation and without the necessity for any 4,622
action by the state for use to defray the cost of plugging and 4,623
abandoning the well and restoring the land surface at the well 4,624
site.
(D) Expenditures from the fund for the purpose of division 4,626
(B)(1) of this section shall be made in accordance with either of 4,628
the following:
(1) The expenditures may be made pursuant to contracts 4,630
entered into by the chief with persons who agree to furnish all 4,632
of the materials, equipment, work, and labor as specified and 4,633
provided in such a contract. Agents or employees of persons 4,634
contracting with the chief for the restoration, plugging, and 4,635
injection projects may enter upon any land, public or private, 4,636
for which a project has been approved by the controlling board 4,637
and on which the well is located, for the purpose of performing 4,638
the work. Prior to such entry, the chief shall give to the 4,639
following persons written notice of the existence of a contract 4,640
for a project to restore, plug, or inject oil or gas production 4,641
wastes into a well, the names of the persons with whom the 4,642
contract is made, and the date that the project will commence: 4,643
the owner of the well, the owner of the land upon which the well 4,644
is located, the owner or agents of adjoining land, and, if the 4,645
well is located in the same township as or in a township adjacent 4,646
to the excavations and workings of a mine and the owner or lessee 4,647
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 4,648
preceding three years, the owner or lessee of the mine. 4,649
The chief periodically shall submit project proposals under 4,651
division (D)(1) of this section to the controlling board, 4,653
together with benefit and cost data and other pertinent 4,654
information. Expenditures from the fund for the purpose of
106
division (D)(1) of this section may be made only for restoration, 4,656
plugging, or injection projects that are approved by the 4,657
controlling board, and expenditures for a particular project may 4,658
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 4,661
who has received notice under division (C)(1)(b) of this section 4,662
may plug the well and be reimbursed by the division for the 4,663
reasonable cost of plugging the well. In order to plug the well, 4,664
the landowner shall submit an application to the chief on a form 4,665
prescribed by the chief and approved by the technical advisory 4,666
council on oil and gas created in section 1509.38 of the Revised 4,668
Code. The application, at a minimum, shall require the landowner 4,669
to provide the same information as is required to be included in 4,670
the application for a permit to plug and abandon under section 4,671
1509.13 of the Revised Code. The application shall be 4,672
accompanied by a copy of a proposed contract to plug the well 4,673
prepared by a contractor regularly engaged in the business of 4,674
plugging oil and gas wells. The proposed contract shall require 4,675
the contractor to furnish all of the materials, equipment, work, 4,676
and labor necessary to plug the well properly and shall specify 4,678
the price for doing the work, including a credit for the 4,679
equipment appurtenant to the well that was forfeited to the state 4,680
through the operation of division (C)(2) of this section. The 4,681
application also shall be accompanied by the permit fee required 4,682
by section 1509.13 of the Revised Code unless the chief, in the 4,683
chief's discretion, waives payment of the permit fee. If the 4,684
chief waives payment of the permit fee in connection with an 4,685
application, the chief shall certify the amount of the fee to the 4,686
director of budget and management for transfer from the oil and 4,687
gas well plugging fund to the oil and gas permit fund created in 4,688
section 1509.02 of the Revised Code. The application constitutes 4,690
an application for a permit to plug and abandon the well for the 4,691
purposes of section 1509.13 of the Revised Code. 4,692
(b) Within thirty days after receiving an application and 4,695
107
accompanying proposed contract under division (D)(2)(a) of this 4,697
section, the chief shall determine whether the plugging would 4,698
comply with the applicable requirements of this chapter and 4,699
applicable rules adopted and orders issued under it and whether 4,700
the cost of the plugging under the proposed contract is 4,701
reasonable. If the chief determines that the proposed plugging 4,703
would comply with those requirements and that the proposed cost 4,704
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 4,705
permit to plug and abandon the well under section 1509.13 of the 4,706
Revised Code. Upon approval of the application and proposed 4,708
contract, the chief shall transfer ownership of the equipment 4,709
appurtenant to the well to the landowner. The chief may 4,710
disapprove an application submitted under division (D)(2)(a) of 4,712
this section if the chief determines that the proposed plugging 4,713
would not comply with the applicable requirements of this chapter 4,714
and applicable rules adopted and orders issued under it, that the 4,715
cost of the plugging under the proposed contract is unreasonable, 4,716
or that the proposed contract is not a bona fide, arms length 4,717
contract.
(c) After receiving the chief's notice of the approval of 4,720
the application and permit to plug and abandon a well under 4,721
division (D)(2)(b) of this section, the landowner shall enter 4,722
into the proposed contract to plug the well. The plugging shall 4,723
be completed within one hundred eight days after the landowner 4,724
receives the notice of approval and permit. 4,725
(d) Upon determining that the plugging has been completed 4,728
within the time required by division (D)(2)(c) of this section 4,730
and has been completed in compliance with the applicable 4,731
requirements of this chapter and applicable rules adopted and 4,732
orders issued under it, the chief shall reimburse the landowner 4,733
for the cost of the plugging as set forth in the proposed 4,734
contract approved by the chief. The reimbursement shall be paid 4,735
from the oil and gas well plugging fund. If the chief determines 4,736
108
that the plugging was not completed within the required time or 4,737
was not completed in accordance with the applicable requirements, 4,738
the chief shall not reimburse the landowner for the cost of the 4,739
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 4,741
possession of the equipment appurtenant to the well that 4,743
previously was transferred to the landowner under division 4,744
(D)(2)(b) of this section. If any such equipment was removed 4,745
from the well during the plugging and sold, the landowner shall 4,746
pay to the chief the proceeds from the sale of the equipment, and 4,747
the chief promptly shall pay the moneys so received to the 4,748
treasurer of state for deposit into the oil and gas well plugging 4,749
fund.
The chief may establish an annual limit on the number of 4,751
wells that may be plugged under division (D)(2) of this section 4,753
or an annual limit on the expenditures to be made under that 4,754
division.
As used in division (D)(2) of this section, "plug" and 4,758
"plugging" include the plugging of the well and the restoration 4,759
of the land surface disturbed by the plugging.
(E) Expenditures from the OIL AND GAS WELL fund for the 4,761
purpose of division (B)(2) of this section may be made pursuant 4,763
to contracts entered into by the chief with persons who agree to 4,764
furnish all of the materials, equipment, work, and labor as 4,765
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 4,766
apply if the chief reasonably determines that correction of the 4,767
applicable health or safety risk requires immediate action. The 4,768
chief, designated representatives of the chief, and agents or 4,769
employees of persons contracting with the chief under this 4,770
division may enter upon any land, public or private, for the 4,771
purpose of performing the work. 4,772
(F) Contracts entered into by the chief under this section 4,775
are not subject to either of the following: 4,776
109
(1) Chapter 4115. of the Revised Code; 4,778
(2) Section 153.54 of the Revised Code, except that the 4,781
contractor shall obtain and provide to the chief as a bid 4,782
guaranty a surety bond or letter of credit in an amount equal to 4,783
ten per cent of the amount of the contract. 4,784
(G) The owner of land on which a well is located who has 4,787
received notice under division (C)(1)(b) of this section, in lieu 4,790
of plugging the well in accordance with division (D)(2) of this 4,791
section, may cause ownership of the well to be transferred to an 4,792
owner who is lawfully doing business in this state and who has 4,793
met the financial responsibility requirements established under 4,794
section 1509.07 of the Revised Code, subject to the approval of 4,797
the chief. The transfer of ownership also shall be subject to 4,798
the landowner's filing the appropriate forms required under this 4,799
chapter and providing to the chief sufficient information to 4,800
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 4,801
lease, or other documentation of ownership or property rights. 4,803
The chief shall approve or disapprove the transfer of 4,805
ownership of the well. If the chief approves the transfer, the 4,806
owner is responsible for operating the well in accordance with 4,807
this chapter and rules adopted under it, including, without 4,808
limitation, all of the following: 4,809
(1) Filing an application with the chief under section 4,811
1509.06 of the Revised Code if the owner intends to drill deeper 4,814
or produce a formation that is not listed in the records of the 4,815
division for that well;
(2) Taking title to and possession of the equipment 4,817
appurtenant to the well that has been identified by the chief as 4,818
having been abandoned by the former owner; 4,819
(3) Complying with all applicable requirements that are 4,822
necessary to drill deeper, plug the well, or plug back the well. 4,823
Sec. 1513.30. There is hereby created in the state 4,832
treasury the unreclaimed lands fund, to be administered by the 4,833
110
chief of the division of mines and reclamation and used for the 4,834
purpose of reclaiming land, public or private, affected by 4,835
mining, or controlling mine drainage, for which no cash is held 4,836
in the reclamation forfeiture fund created in section 1513.18 of 4,837
the Revised Code or the surface mining reclamation fund created 4,839
in section 1514.06 of the Revised Code, and also for the purpose 4,840
of paying the expenses and compensation of the council on 4,841
unreclaimed strip mined lands as required by section 1513.29 of 4,842
the Revised Code.
In order to direct expenditures from the unreclaimed lands 4,844
fund toward reclamation projects that fulfill priority needs and 4,845
provide the greatest public benefits, the chief periodically 4,847
shall submit to the council project proposals to be financed from 4,848
the unreclaimed lands fund, together with benefit and cost data 4,849
and other pertinent information. For the purpose of selecting 4,850
project areas and determining the boundaries of project areas, 4,851
the council shall consider the feasibility, cost, and public 4,852
benefits of reclaiming the areas, their potential for being 4,853
mined, the availability of federal or other financial assistance 4,854
for reclamation, and the geographic distribution of project areas 4,855
to ensure fair distribution among affected areas. 4,856
The council shall give priority to areas where there is 4,858
little or no likelihood of mining within the foreseeable future, 4,861
reclamation is feasible at reasonable cost with available funds, 4,862
and either of the following applies:
(A) The pollution of the waters of the state and damage to 4,864
adjacent property are most severe and widespread; 4,865
(B) Reclamation will make possible public uses for soil, 4,867
water, forest, or wildlife conservation or public recreation 4,868
purposes, will facilitate orderly commercial or industrial site 4,869
development, or will facilitate the use or improve the enjoyment 4,870
of nearby public conservation or recreation lands. 4,871
At least two weeks before any meeting of the council on 4,873
unreclaimed strip mined lands at which the chief will submit a 4,874
111
project proposal, a project area will be selected, or the 4,875
boundaries of a project area will be determined, the chief shall 4,876
mail notice by first class mail to the board of county 4,877
commissioners of the county and the board of township trustees of 4,878
the township in which the proposed project lies and the chief 4,879
executive and the legislative authority of each municipal 4,880
corporation within the proposed project area. The chief also 4,882
shall give reasonable notice to the news media in the county
where the proposed project lies. 4,883
Expenditures from the unreclaimed lands fund for 4,885
reclamation projects may be made only for projects that are 4,886
within the boundaries of project areas approved by the council, 4,887
and expenditures for a particular project may not exceed any 4,888
applicable limits set by the council. Expenditures from the 4,889
unreclaimed lands fund shall be made by the chief, with the 4,890
approval of the director of natural resources. 4,891
The controlling board may transfer excess funds from the 4,893
oil and gas well plugging fund CREATED IN SECTION 1509.02 OF THE 4,894
REVISED CODE, after recommendation by the council on unreclaimed 4,896
strip mined lands, to meet deficiencies in the unreclaimed lands 4,897
fund.
The chief may expend an amount not to exceed twenty per 4,899
cent of the moneys credited annually by the treasurer of state to 4,900
the unreclaimed lands fund for the purpose of administering the 4,901
unreclaimed lands fund. 4,902
The chief may engage in cooperative projects under this 4,904
section with any agency of the United States, appropriate state 4,905
agencies, or state universities or colleges as defined in section 4,906
3345.27 of the Revised Code and may transfer money from the fund, 4,908
with the approval of the council, to other appropriate state 4,909
agencies or to state universities or colleges in order to carry 4,910
out the reclamation activities authorized by this section.
Sec. 1515.091. (A) As used in this section: 4,919
(1) "Receiving employee" means an employee of a soil and 4,921
112
water conservation district who receives donated sick leave as 4,922
authorized by this section.
(2) "Donating employee" means an employee of a soil and 4,924
water conservation district who donates sick leave as authorized 4,925
by this section. 4,926
(3) "Paid leave" has the same meaning as in section 4,928
124.391 of the Revised Code. 4,929
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 4,932
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 4,933
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 4,934
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 4,935
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 4,937
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 4,938
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 4,939
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 4,940
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 4,943
district is eligible to become a receiving employee if the 4,944
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 4,945
HOURS EMPLOYEE, who has completed the prescribed probationary 4,946
period, has used up all accrued paid leave, and has been placed 4,947
on an approved, unpaid, medical-related leave of absence for a 4,948
period of at least thirty CONSECUTIVE working days because of the 4,949
employee's own serious illness or because of a serious illness of 4,951
a member of the employee's immediate family. 4,952
(2) An employee who desires to become a receiving employee 4,955
shall submit to the board of supervisors of the employing soil 4,956
and water conservation district, along with a satisfactory 4,957
physician's certification, a written request for donated sick 4,958
leave. The board of supervisors shall determine whether the 4,959
employee is eligible to become a receiving employee, and shall 4,961
approve the request if it determines the employee is eligible. 4,962
(C)(1) A board of supervisors that approves a request for 4,965
an employee to become a receiving employee shall forward the 4,966
113
approved application to a committee that the Ohio association of 4,968
soil and water conservation district employees shall appoint to 4,969
act as a clearinghouse for the donation of sick leave under this 4,970
section. The committee shall post notice for not less than ten 4,971
days informing all employees of soil and water conservation 4,972
districts throughout the state that it has received an approved 4,973
application to become a receiving employee.
(2) A soil and water conservation district employee 4,975
desiring to become a donating employee shall complete and submit 4,976
a sick leave donation form to the employee's immediate supervisor 4,978
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 4,979
board of supervisors of the employing district of an employee 4,981
desiring to become a donating employee approves the sick leave 4,982
donation, the board shall forward to the committee, together with 4,983
a check equal to the total value of the sick leave donation, a 4,984
copy of the sick leave donation form, and the board shall notify 4,985
the receiving employee regarding the donation. 4,986
(D) If the committee described in division (C)(1) of this 4,989
section receives a sick leave donation form and a check from a 4,990
board of supervisors, the committee shall deposit the check into 4,991
an account that it shall establish to be used to dispense funds 4,992
to the employing district of a receiving employee. The committee 4,993
shall notify the board of supervisors of the employing district 4,994
of a receiving employee of the amount of sick leave donated. The 4,996
board of supervisors shall bill the committee during each pay 4,997
period for the receiving employee's gross hourly wages in an 4,998
amount that does not exceed the amount donated to the receiving 4,999
employee. The board of supervisors, with the approval of the 5,000
county auditor, shall provide for the deposit into its 5,001
appropriate payroll account of any payments it receives for the 5,002
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 5,005
section is subject to all of the following: 5,006
114
(1) All donations of sick leave shall be voluntary. 5,009
(2) A donating employee is eligible to donate not less 5,011
than eight hours and not more than eighty hours of sick leave 5,012
during the same calendar year. 5,013
(3) The value of an hour of sick leave donated is the 5,015
value of the donating employee's gross hourly wage. The number 5,016
of hours received by a receiving employee from a donating 5,017
employee shall be a number that, when multiplied by the receiving 5,019
employee's gross hourly wage, equals the amount resulting when 5,020
the donating employee's gross hourly wage is multiplied by the 5,021
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 5,024
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 5,026
receiving employee first qualifies for continuation of health
insurance coverage. 5,027
(5) If a receiving employee does not use all donated sick 5,029
leave during the period of the employee's leave of absence, the 5,030
unused balance shall be returned, within three months after the 5,031
end of the leave of absence and on a prorated basis, to each 5,032
donating employee who donated sick leave to the receiving 5,033
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 5,034
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 5,035
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 5,036
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 5,037
Sec. 1521.04. The chief of the division of water, with the 5,046
approval of the director of natural resources, may make loans and 5,047
grants from the water management fund created in section 1501.32 5,048
of the Revised Code to governmental agencies for water 5,049
management, water supply improvements, and planning and may 5,050
administer grants from the federal government and from other 5,051
public or private sources for carrying out those functions and 5,052
for the performance of any acts that may be required by the 5,053
United States or by any agency or department thereof as a 5,054
115
condition for the participation by any governmental agency in any 5,055
federal financial or technical assistance program. Direct and 5,056
indirect costs of administration may be paid from the water 5,057
management fund. 5,058
The chief may use the water management fund to acquire, 5,060
construct, reconstruct, improve, equip, maintain, operate, and 5,061
dispose of water management improvements. He THE CHIEF may fix, 5,062
alter, charge, and collect rates, fees, rentals, and other 5,064
charges to be paid into the water management fund by governmental 5,065
agencies and persons who are supplied with water by facilities 5,066
constructed or operated by the department of natural resources in 5,067
order to amortize and defray the cost of the construction, 5,068
maintenance, and operation of those facilities. This section 5,069
does not apply to the Burr Oak water system administered by the 5,070
chief engineer of the department of natural resources under 5,071
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 5,072
Sec. 2305.232. (A) No person who gives aid or advice in 5,081
an emergency situation relating to the prevention of an imminent 5,082
release of hazardous material, to the clean-up or disposal of 5,083
hazardous material that has been released, or to the related 5,084
mitigation of the effects of a release of hazardous material, nor 5,085
the public or private employer of such a person, is liable in 5,086
civil damages as a result of the aid or advice if all of the 5,087
following apply: 5,088
(1) The aid or advice was given at the request of: 5,090
(a) A sheriff, the chief of police or other chief officer 5,092
of the law enforcement agency of a municipal corporation, the 5,093
chief of police of a township police district, the chief of a 5,094
fire department, the state fire marshal, the director of 5,095
environmental protection, the chairman CHAIRPERSON of the public 5,096
utilities commission, the superintendent of the state highway 5,098
patrol, the state EXECUTIVE director of the emergency management 5,099
agency, the chief executive of a municipal corporation, or the 5,101
authorized representative of any such official, or the 5,102
116
legislative authority of a township or county; or 5,103
(b) The owner or manufacturer of the hazardous material, 5,105
an association of manufacturers of the hazardous material, or a 5,106
hazardous material mutual aid group;. 5,107
(2) The person giving the aid or advice acted without 5,109
anticipating remuneration for himself SELF or his THE PERSON'S 5,111
employer from the governmental official, authority, or agency 5,112
that requested the aid or advice; 5,113
(3) The person giving the aid or advice was specially 5,115
qualified by training or experience to give the aid or advice; 5,116
(4) Neither the person giving the aid or advice nor the 5,118
public or private employer of the person giving the aid or advice 5,119
was responsible for causing the release or threat of release nor 5,120
would otherwise be liable for damages caused by the release; 5,121
(5) The person giving the aid or advice did not engage in 5,123
willful, wanton, or reckless misconduct or grossly negligent 5,124
conduct in giving the aid or advice; 5,125
(6) The person giving the aid or advice notified the 5,127
emergency response section of the environmental protection agency 5,128
prior to giving the aid or advice. 5,129
(B) The immunity conferred by this section does not limit 5,131
the liability of any person whose action caused or contributed to 5,132
the release of hazardous material. That person is liable for any 5,133
enhancement of damages caused by the person giving aid or advice 5,134
under this section unless the enhancement of damages was caused 5,135
by the willful, wanton, or reckless misconduct or grossly 5,136
negligent conduct of the person giving aid or advice. 5,137
(C) This section does not apply to any person rendering 5,139
care, assistance, or advice in response to a discharge of oil 5,140
when that person's immunity from liability is subject to 5,141
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 5,143
(1) "Hazardous material" means any material designated as 5,145
such under the "Hazardous Materials Transportation Act," 88 Stat. 5,146
117
2156 (1975), 49 U.S.C.A. 1803, as amended. 5,147
(2) "Mutual aid group" means any group formed at the 5,149
federal, state, regional, or local level whose members agree to 5,150
respond to incidents involving hazardous material whether or not 5,151
they shipped, transported, manufactured, or were at all connected 5,152
with the hazardous material involved in a particular incident. 5,153
(3) "Discharge" and "oil" have the same meanings as in 5,155
section 2305.39 of the Revised Code. 5,156
Sec. 2949.17. (A) The sheriff may take one guard for 5,165
every two convicted felons to be transported to a correctional 5,167
institution. The trial judge may authorize a larger number of 5,168
guards upon written application of the sheriff, in which case a 5,169
transcript of the order of the judge shall be certified by the
clerk of the court of common pleas under the seal of the court, 5,170
and the sheriff shall deliver the order with the convict to the 5,171
person in charge of the correctional institution. In 5,172
(B) IN order to obtain reimbursement for the county for 5,175
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 5,176
cost bill for each indigent convicted felon transported pursuant 5,177
to this section for an amount equal to ten cents a mile from the 5,178
county seat to the state correctional institution and return for 5,179
the sheriff and each of the guards and five cents a mile from the 5,180
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 5,181
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 5,182
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 5,183
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 5,193
SECTION, THE clerk of the court of common pleas shall report to 5,194
the state public defender all cases in which an indigent person 5,195
was convicted of a felony, all cases in which reimbursement is 5,196
required by section 2949.20 of the Revised Code, and all cost 5,197
bills for transportation that are prepared pursuant to section 5,198
2949.17 of the Revised Code. The reports shall be filed for each 5,199
118
fiscal quarter within thirty days after the end of the quarter on 5,200
a form prescribed by the state public defender and shall be 5,201
accompanied by a certification of a judge of the court that in 5,202
all cases listed in the report the defendant was determined to be 5,203
indigent and convicted of a felony or that the case is reported 5,204
pursuant to section 2949.20 of the Revised Code and that for each 5,205
transportation cost bill submitted pursuant to section 2949.17 of 5,206
the Revised Code that the convicted felon was determined to be 5,207
indigent. The state public defender shall review the reports 5,208
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 5,209
voucher and a quarterly subsidy voucher for each county for the 5,210
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 5,212
compute the quarterly subsidy, the state public defender first 5,213
shall subtract the total of all transportation cost vouchers that 5,214
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 5,216
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 5,218
which the quarter is part. He THE STATE PUBLIC DEFENDER then 5,219
shall compute a base subsidy amount per case by dividing the 5,221
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 5,223
quarterly subsidy voucher for each county shall then be the 5,224
product of the base subsidy amount times the number of cases 5,225
submitted by the county and approved for subsidy for the quarter. 5,226
Payment shall be made to the clerk. 5,227
The clerk shall keep a record of all cases submitted for 5,229
the subsidy in which the defendant was bound over to the court of 5,230
common pleas from the municipal court. Upon receipt of the 5,231
quarterly subsidy, the clerk shall pay to the clerk of the 5,232
municipal court, for municipal court costs in such cases, an 5,233
amount that does not exceed fifteen dollars per case, shall pay 5,234
foreign sheriffs for their services, and shall deposit the 5,235
remainder of the subsidy to the credit of the general fund of the 5,236
county. The clerk of the court of common pleas then shall stamp 5,237
119
his THE CLERK'S records "subsidy costs satisfied." 5,238
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 5,240
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 5,241
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 5,242
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 5,243
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 5,244
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 5,245
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 5,246
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 5,247
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 5,248
DEFENDER BY DIVISION (A) OF THIS SECTION. 5,249
Sec. 2949.20. In any case of final judgment of reversal as 5,258
provided in section 2953.07 of the Revised Code, whenever the 5,259
state of Ohio is the appellee, the clerk of the court of common 5,260
pleas of the county in which sentence was imposed shall certify 5,261
the case to the state public defender for reimbursement in the 5,262
report required by section 2949.19 of the Revised Code, SUBJECT 5,263
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. On or before the first day of February of 5,272
even-numbered years THE THIRTY-FIRST DAY OF JULY OF EACH STATE 5,273
FISCAL YEAR, the state public defender shall report to the 5,275
speaker and minority leader of the house of representatives, the 5,277
president and minority leader of the senate, the office of budget 5,278
and management, and the legislative budget office of the 5,279
legislative service commission an estimate of the amount of money 5,280
that will be required for the next fiscal biennium to make the 5,281
NOTIFY THE CLERK OF THE COURT OF COMMON PLEAS OF EACH COUNTY 5,282
WHETHER THE GENERAL ASSEMBLY HAS, OR HAS NOT, APPROPRIATED 5,283
FUNDING FOR THAT STATE FISCAL YEAR FOR REIMBURSEMENT payments
required by PURSUANT TO DIVISION (A) OF section 2949.19 of the 5,285
Revised Code.
Sec. 3109.17. (A) For each fiscal biennium beginning on 5,295
the first day of July of each odd-numbered year, the children's
120
trust fund board shall establish a biennial state plan for the 5,296
allocation of funds in the children's trust fund. The plan shall 5,297
ensure that equal opportunity exists for the establishment of 5,298
child abuse and child neglect prevention programs and the use of 5,299
moneys from the fund to provide assistance in all geographic 5,300
areas of this state and to provide assistance to members of all 5,301
social and economic groups of this state. The plan shall be 5,302
transmitted to the governor, the president of the senate, and the 5,303
speaker of the house of representatives and shall be made 5,304
available to the general public. 5,305
(B) In developing and carrying out a plan, the children's 5,307
trust fund board shall, in accordance with Chapter 119. of the 5,308
Revised Code, do all of the following: 5,309
(1) Develop and adopt the state plan for the allocation of 5,311
funds and develop criteria, including standards for cost and 5,312
program effectiveness, for county or district allocation plans 5,314
and for individual projects in counties or districts that do not 5,315
have a child abuse and child neglect advisory board;
(2) Establish criteria, including standards for cost and 5,317
program effectiveness, for child abuse and child neglect 5,318
prevention programs; 5,319
(3)(2) Make grants A BLOCK GRANT to public or private 5,323
agencies or schools EACH CHILD ABUSE AND CHILD NEGLECT ADVISORY
BOARD for the purpose of child abuse and child neglect prevention 5,325
programs. The CHILDREN'S TRUST FUND board may consider factors 5,326
such as need, geographic location, diversity, coordination with 5,328
or improvement of existing services, maintenance of local funding 5,329
efforts, and extensive use of volunteers. Children's trust fund 5,330
moneys shall be allocated among all counties THAT HAVE 5,331
ESTABLISHED CHILD ABUSE AND NEGLECT ADVISORY BOARDS. THE 5,332
ALLOCATION SHALL BE according to a formula based on the ratio of 5,334
the number of children under the age of eighteen in the county to 5,335
the number of children under the age of eighteen in the state, as 5,336
shown in the most recent federal decennial census of population; 5,337
121
provided, that each county receiving trust fund moneys shall 5,338
receive a minimum of ten thousand dollars per funding year. 5,339
(4)(3) Approve each county or district allocation plan and 5,341
individual project in whole or in part if it THAT is in 5,342
compliance with the criteria established under this section and 5,344
under section 3109.18 of the Revised Code. If an allocation plan 5,345
or individual project is rejected in whole or in part, the board 5,346
shall: 5,347
(a) Cite specific reasons for rejection; 5,349
(b) When appropriate, offer recommendations and technical 5,351
assistance to bring the plan or project into compliance, holding 5,352
the funds until the plan or project is finally approved or 5,355
rejected.
(5)(4) Notify each advisory board or individual applicant 5,358
in writing whether the allocation plan or individual project has 5,359
been approved in whole or in part not later than sixty days after 5,360
submission of the plan or project to the children's trust fund 5,361
board; 5,362
(6)(5) Regularly review and monitor the expenditure of 5,364
moneys from the children's trust fund; 5,365
(7)(6) Consult with appropriate state agencies to help 5,367
determine the probable effectiveness and fiscal soundness of and 5,368
need for proposed community-based child abuse and child neglect 5,369
prevention programs; 5,370
(8)(7) Facilitate the exchange of information between 5,372
groups concerned with programs for children in this state; 5,373
(9)(8) Provide for statewide educational and public 5,375
informational conferences and workshops for the purpose of 5,376
developing appropriate public awareness regarding the problems of 5,377
families and children, encouraging professional persons and 5,378
groups to recognize and deal with problems of families and 5,379
children, making information regarding the problems of families 5,380
and children and the prevention of these problems available to 5,381
the general public in order to encourage citizens to become 5,382
122
involved in the prevention of such problems, and encouraging the 5,383
development of community prevention programs; 5,384
(10)(9) Establish a procedure for a written annual 5,386
internal evaluation of the functions, responsibilities, and 5,387
performance of the board. The evaluation shall be coordinated 5,388
with the state plan. The evaluation shall be transmitted to the 5,389
governor, the president of the senate, and the speaker of the 5,390
house of representatives and shall be made available to the 5,391
general public. 5,392
Sec. 3109.18. (A) Each A board of county commissioners in 5,401
the following counties shall establish a child abuse and child 5,402
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 5,403
Montgomery, and Summit. The boards of county commissioners of 5,405
the remaining counties may establish a child abuse and child 5,406
neglect advisory board or the MAY DESIGNATE THE COUNTY FAMILY AND 5,407
CHILDREN FIRST COUNCIL TO SERVE AS THE CHILD ABUSE AND CHILD 5,408
NEGLECT ADVISORY BOARD. THE boards of county commissioners of 5,409
two or more contiguous counties may form a multicounty district 5,410
to be served by a multicounty child abuse and child neglect 5,411
advisory board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN 5,412
FIRST COUNCIL TO SERVE AS THE MULTICOUNTY CHILD ABUSE AND CHILD 5,413
NEGLECT ADVISORY BOARD. 5,414
Each (B) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 5,416
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 5,418
abuse and child neglect advisory board, EACH ADVISORY BOARD shall 5,419
consist of an odd number of members who represent both public and 5,420
private child serving agencies, and persons with demonstrated 5,421
knowledge in programs for children, such as persons from the 5,422
educational community, parent groups, juvenile justice, and the 5,423
medical community. Of the members first appointed, at least one 5,424
shall serve for a term of three years, at least one for a term of 5,425
two years, and at least one for a term of one year. Thereafter, 5,426
each member shall serve a term of three years. Each member shall 5,427
serve until his THE MEMBER'S successor is appointed. All 5,428
123
vacancies on the board shall be filled for the balance of the 5,430
unexpired term in the same manner as the original appointment. 5,431
Each board shall meet at least quarterly. 5,432
(C) Each board of county commissioners may incur 5,434
reasonable costs not to exceed three per cent of the funding 5,435
allocated to the county or district under section 3109.17 of the 5,436
Revised Code, for the purpose of carrying out the functions of 5,437
the advisory board. 5,438
(B) Annually, each (D) EACH child abuse and child neglect 5,441
advisory board shall DO ALL OF THE FOLLOWING EVERY TWO YEARS: 5,442
(1) Give effective public notice to all potential 5,444
applicants about the availability of funds from the children's 5,445
trust fund. The notification shall include an estimate of the 5,446
amount of money available for grants within each county or 5,447
district, the date of at least one public hearing, the deadline 5,448
for submitting applications for grants, and information on 5,449
obtaining a copy of the application form; 5,450
(2) Review all applications received using criteria 5,452
established by the children's trust fund board under section 5,453
3109.17 of the Revised Code and any criteria developed by the 5,454
child abuse and child neglect advisory board, and develop an 5,455
allocation plan for the county or district; 5,456
(3) Submit the allocation plan to the children's trust 5,458
fund board, with evidence of compliance with this section and 5,459
with section 3109.17 of the Revised Code; 5,460
(4) Upon notification by the children's trust fund board 5,462
that the allocation plan is in compliance with the criteria 5,463
established by the boards, MAKE GRANTS FOR THE PURPOSE OF CHILD 5,464
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS AND monitor the 5,465
operation of the allocation plan; 5,466
(5) Establish procedures for evaluating programs in the 5,468
county or district, including reporting requirements for grant 5,469
recipients. 5,470
Applicants from counties that are not served by a child 5,472
124
abuse and child neglect advisory board shall apply for funding to 5,473
the children's trust fund board. 5,474
(C)(E) A recipient of a grant from the children's trust 5,476
fund shall use the grant funds only to fund child abuse and child 5,477
neglect prevention programs. A recipient of a grant may use the 5,478
grant funds only for the expansion of existing programs or the 5,479
creation of new programs. 5,480
Any grant funds that are not spent by the counties or the 5,482
recipient of the funds within the time specified by the terms of 5,483
the grant shall be returned to the treasurer of state COUNTY OR 5,484
DISTRICT ADVISORY BOARD. ANY GRANT FUNDS RETURNED THAT ARE NOT 5,485
REDISTRIBUTED BY THE ADVISORY BOARD WITHIN THE TIME SPECIFIED BY 5,486
THE TERMS OF THE ORIGINAL GRANT SHALL BE RETURNED TO THE 5,487
TREASURER OF STATE. The treasurer of state shall deposit such 5,488
unspent moneys into the children's trust fund to be spent for 5,489
purposes consistent with the state plan adopted under section 5,490
3109.17 of the Revised Code.
(D)(F) Applications for grants from the children's trust 5,492
fund shall be MADE TO A COUNTY OR DISTRICT ADVISORY BOARD on 5,493
forms prescribed by the department of human services and, after 5,495
any review required by division (B) of this section, shall be 5,496
submitted to the children's trust fund board by the date required 5,497
in the schedule established by rules adopted by the board. Each 5,498
application shall include at least the following:
(1) Information showing that the applicant meets the 5,500
eligibility requirements of section 3109.17 of the Revised Code; 5,501
(2) If the applicant is a corporation, a list of the 5,503
trustees of the corporation; 5,504
(3)(2) A specification of the amount of money requested; 5,506
(4)(3) A summary of the program that the applicant intends 5,508
to provide with funds from the grant; 5,509
(5)(4) Any other information required by rules adopted by 5,511
the children's trust fund board. 5,512
(G)(1) Each recipient of a CHILDREN'S TRUST FUND grant 5,514
125
from the children's trust fund A COUNTY OR DISTRICT ADVISORY 5,515
BOARD shall file two copies A COPY of an annual report with the 5,516
county or district advisory board. If no such board serves the 5,518
recipient's county of residence, the recipient shall file two 5,519
copies of an annual report with the children's trust fund board. 5,520
The annual report shall describe the program provided by the 5,521
recipient, indicate the manner in which the grant funds were 5,522
expended, include the results of an independent audit of the 5,523
funds, and include other information that the granting board or 5,524
the department may require. If a public agency is a recipient of 5,525
a grant, the results of the most recent audit of the funds 5,526
conducted under Chapter 117. of the Revised Code shall be 5,527
considered to be the results of the independent audit of the 5,528
funds that must be included in the annual report. The granting 5,529
boards shall annually file one copy of each annual report with 5,531
the department, which shall compile the reports received pursuant 5,532
to this section. 5,533
(2) EACH COUNTY OR DISTRICT ADVISORY BOARD SHALL FILE 5,535
ANNUALLY WITH THE CHILDREN'S TRUST FUND BOARD A REPORT REGARDING 5,536
THE COUNTY OR DISTRICT ALLOCATION PLAN THAT CONTAINS THE 5,537
INFORMATION REQUIRED BY THE CHILDREN'S TRUST FUND BOARD. 5,538
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 5,540
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 5,541
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 5,542
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 5,543
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 5,545
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 5,547
BROADCASTING, OR TRANSMISSION EQUIPMENT; 5,548
(3) CONTRACT OR GRANT PAYMENTS. 5,550
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 5,552
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 5,553
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 5,555
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 5,556
126
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 5,558
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 5,560
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 5,562
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 5,564
Sec. 3375.90. Public libraries in two or more counties, or 5,573
four or more libraries, including two or more types, within a 5,575
metropolitan area, as defined by the state library board, may 5,576
form a regional library system by agreement in the manner set 5,578
forth in this section.
(A) The libraries authorized to form a regional library 5,581
system may include any of the following types of libraries: 5,583
academic, public, special, and school, including cooperative 5,584
ventures established by two or more school districts. For the 5,585
purposes of this section, such THOSE libraries may be serving the 5,586
general public, public or private schools, colleges or 5,587
universities, or a profession, occupation, or business. 5,588
An agreement for the formation of a regional library system 5,591
shall first be approved by the governing bodies of the 5,592
participating libraries. For the purposes of this section, the 5,593
"governing body of a library" means the board of trustees of a 5,595
public library, or the board of education of a public school or 5,596
school system if the library is a public school library, or 5,597
otherwise the board of trustees or directors or other recognized 5,598
governing board or committee of any private school, college, 5,599
university, association, or union, public or private, which 5,601
provides, controls, or maintains a library which THAT is intended 5,603
to be a participating library.
(B) Except as otherwise provided in division (D) of this 5,606
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 5,608
library board in the form and in accordance with rules prescribed 5,609
by the state library board, with a plan of service describing the 5,610
specific purposes for which the system is formed and the means by 5,611
127
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 5,613
board and the making by that board or some other authority or 5,614
authorities of a grant or grants for the system, the regional 5,615
library system shall become operable. The state library board 5,616
shall approve no more than eleven SEVEN regional library systems. 5,617
A regional library system shall be governed by a board of 5,620
trustees consisting of at least seven and no more than fifteen 5,621
persons, to be selected from among the representatives of the 5,622
participating libraries, duly appointed as such representatives 5,623
by the governing bodies of the participating libraries. 5,624
The number of trustees, the manner of selection, the terms 5,626
of office, and the provisions for filling vacancies shall be 5,628
determined by the agreement between the governing bodies of the 5,629
participating libraries, and shall be set forth in the 5,631
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 5,632
library system shall be construed to infringe upon the autonomy 5,634
of any participating library or of the governing body of any 5,635
library.
(D) No area library service organization or metropolitan 5,637
library system in existence on the effective date of this 5,638
amendment MARCH 30, 1999, shall be required to submit a new 5,640
agreement and application to the state library board in order to 5,641
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 5,642
prior to the effective date of this amendment MARCH 30, 1999, to 5,644
an area library service organization or metropolitan library 5,645
system that continues operation as a regional library system 5,646
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 5,647
3375.90 to 3375.93 of the Revised Code. 5,648
Sec. 3383.08. There is hereby created in the state 5,657
treasury the capital donations fund, which shall be administered 5,658
128
by the Ohio arts and sports facilities commission. The fund 5,659
shall consist of gifts, grants, devises, bequests, and other 5,660
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 5,661
shall be used in accordance with the specific purposes for which 5,663
the gifts, grants, devises, bequests, or other financial 5,664
contributions are made. All investment earnings of the fund 5,665
shall be credited to the fund. Chapters 123., 125., 127., and 5,666
153. and section 3517.13 of the Revised Code do not apply to 5,667
contracts paid from the fund, notwithstanding anything to the 5,668
contrary in those chapters or that section. 5,669
Not later than the tenth day of each ONE month FOLLOWING 5,671
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 5,672
allocate the amounts credited to the fund FROM INVESTMENT 5,673
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 5,674
YEAR among the specific projects for which they are to be used 5,676
and shall certify this information to the director of budget and 5,678
management. Investment earnings of the fund shall be allocated 5,680
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 5,682
If the amounts credited to the fund for a particular 5,685
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 5,687
unexpended investment earnings attributable to those amounts, to 5,689
the entity from which they were received. 5,690
Sec. 3517.152. (A)(1) There is hereby created the Ohio 5,700
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 5,702
this section AUGUST 24, 1995, the speaker of the house of 5,705
representatives and the leader in the senate of the political 5,706
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 5,707
political party. Not later than forty-five days after the 5,708
effective date of this section AUGUST 24, 1995, the two 5,710
129
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 5,711
shall jointly submit to the governor a list of five persons who 5,712
are affiliated with the major political party of which the 5,714
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 5,715
from each list to the commission. The governor shall appoint one 5,717
person from each list to a term that ends on December 31, 1996, 5,719
one person from each list to a term that ends on December 31, 5,720
1997, and one person from each list to a term that ends on 5,721
December 31, 1998.
Not later than thirty days after the governor appoints 5,723
these six members, they shall, by a majority vote, appoint to the 5,725
commission a seventh member, who shall not be affiliated with a 5,726
political party. If the six members fail to appoint the seventh 5,727
member within this thirty-day period, the chief justice of the 5,728
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 5,729
member, shall appoint the seventh member, who shall not be 5,730
affiliated with a political party. The seventh member shall be 5,731
appointed to a term that ends on December 31, 2001. Terms of the 5,732
initial members appointed under division (A)(1) of this section 5,733
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 5,735
member, who is not affiliated with a political party, the six 5,736
remaining members by a majority vote shall appoint, not later 5,737
than fifteen days after the date of the vacancy, the seventh 5,738
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 5,739
member within this fifteen-day period, the chief justice of the 5,740
supreme court, within fifteen days after the end of this period, 5,741
shall appoint the seventh member, who shall not be affiliated 5,742
with a political party. If a vacancy occurs in any of the other 5,743
six positions on the commission, the legislative leaders of the 5,744
130
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 5,745
than thirty days after the date of the vacancy, a list of three 5,746
persons who are affiliated with that political party. Not later 5,747
than fifteen days after receiving the list, the governor shall 5,748
appoint one person from the list to the commission.
(3) At no time shall more than six members of the 5,750
commission be affiliated with a political party and, of these six 5,751
members, not more than three shall be affiliated with the same 5,752
political party. 5,753
(4) In making appointments to the commission, the governor 5,756
shall take into consideration the various geographic areas of 5,757
this state and shall appoint members so that those areas are 5,758
represented on the commission in a balanced manner, to the extent 5,759
feasible.
(5) Members of the commission shall be registered electors 5,762
and shall be of good moral character. 5,763
(B) Each member of the commission shall hold office from 5,766
the date of the member's appointment until the end of the term 5,767
for which the member was appointed. A member appointed to fill a 5,768
vacancy occurring prior to the expiration of the term for which 5,769
the member's predecessor was appointed shall hold office for the 5,770
remainder of that term. A member shall continue in office 5,771
subsequent to the expiration date of the member's term until the 5,772
member's successor takes office or until a period of sixty days 5,774
has elapsed, whichever occurs first. After the initial terms of 5,775
office provided for in division (A)(1) of this section, terms of 5,776
office shall be for five years. 5,777
(C) A vacancy in the Ohio elections commission may be 5,780
caused by death, resignation, or three absences from commission 5,781
meetings in a calendar year if those absences are caused by 5,782
reasons declared invalid by a vote of five members of the 5,783
remaining members of the commission.
(D) Each member of the commission while in the performance 5,786
131
of the business of the commission shall be entitled to receive 5,787
compensation at the rate of twenty-five thousand dollars per 5,788
year. Members shall be reimbursed for expenses actually and 5,789
necessarily incurred in the performance of their duties. 5,790
(E) No member of the commission shall serve more than one 5,793
full term unless the terms served are served nonconsecutively. 5,794
(F)(1) No member of the commission shall do or be any of 5,797
the following:
(a) Hold, or be a candidate for, a public office; 5,800
(b) Serve on a committee supporting or opposing a 5,803
candidate or ballot question or issue;
(c) Be an officer of the state central committee, A COUNTY 5,806
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 5,807
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 5,808
committee of the state central committee, A COUNTY CENTRAL 5,809
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 5,810
political party;
(d) Be a legislative agent as defined in section 101.70 of 5,813
the Revised Code or an executive agency lobbyist as defined in 5,814
section 121.60 of the Revised Code; 5,815
(e) Solicit or be involved in soliciting contributions on 5,818
behalf of a candidate, campaign committee, political party, 5,819
political action committee, or political contributing entity; 5,820
(f) Be in the unclassified service under section 124.11 of 5,823
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 5,826
to (15) of section 4117.01 of the Revised Code. 5,827
(2) No member or employee of the commission shall make a 5,830
contribution to, or for the benefit of, a campaign committee or 5,831
committee in support of or opposition to a ballot question or 5,832
issue, a political party, a legislative campaign fund, a 5,833
political action committee, or a political contributing entity. 5,834
(G)(1) The members of the commission shall elect a 5,836
chairperson and a vice-chairperson. At no time shall the 5,838
132
chairperson and vice-chairperson be affiliated with the same 5,840
political party. The chairperson shall serve in that capacity 5,841
for one year and shall not serve as chairperson more than twice 5,843
during a term as a member of the commission. No two successive 5,844
chairpersons shall be affiliated with the same political party. 5,845
(2) The commission shall meet at the call of the 5,847
chairperson or upon the written request of a majority of the 5,848
members. The meetings and hearings of the commission or a panel 5,849
of the commission under sections 3517.153 to 3517.157 of the 5,850
Revised Code are subject to section 121.22 of the Revised Code. 5,851
(3) The commission shall adopt rules for its procedures in 5,854
accordance with Chapter 119. of the Revised Code. Five of the 5,855
seven members constitute a quorum. Except as otherwise provided 5,856
in this section and in sections 3517.154 to 3517.157 of the 5,857
Revised Code, no action shall be taken without the concurrence of 5,858
a majority of the members. 5,859
(H)(1) The commission shall employ the technical, 5,862
professional, and clerical employees that are necessary for it to 5,863
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 5,866
the commission shall employ a full-time attorney, and, as needed, 5,868
one or more investigatory attorneys to conduct investigations for 5,870
the commission or a panel of the commission. The commission may 5,871
employ or contract for the services of additional attorneys, as 5,872
needed. The full-time attorney shall do all of the following: 5,873
(i) Serve as the commission's attorney in regard to all 5,876
legal matters, including representing the commission at appeals 5,877
from a final determination of the commission, except that the 5,878
full-time attorney shall not perform the duties that an 5,879
investigatory attorney is required or requested to perform or 5,880
that another attorney the commission employs or contracts with 5,881
for services is required or requested to perform, and shall not 5,882
represent the commission in any legal proceeding in which the 5,883
commission is a named party;
133
(ii) At the request of the commission or a panel of the 5,886
commission, be present at a hearing held under sections 3517.154 5,887
to 3517.156 of the Revised Code to rule on the admissibility of 5,888
evidence and to advise on the conduct of procedure; 5,889
(iii) Perform other duties as required by rule of the 5,892
commission.
(b) An attorney employed by or under contract with the 5,895
commission shall be licensed to practice law in this state. 5,896
(3)(a) Except as otherwise provided in division (H)(3)(b) 5,899
of this section, at least five members of the commission shall 5,900
agree on the employment of a person, a majority of the members 5,901
shall agree on the discharge of an employee, and a person 5,902
employed by the commission shall serve at the pleasure of the 5,903
commission.
(b) At least five of the seven members shall agree on the 5,905
discharge of an investigatory attorney. 5,907
Sec. 3701.04. (A) The director of health shall: 5,916
(1) Require such reports and make such inspections and 5,918
investigations as the director considers necessary; 5,919
(2) Provide such methods of administration, appoint such 5,921
personnel, make such reports, and take such other action as may 5,922
be necessary to comply with the requirements of the federal act 5,923
and the regulations thereunder; 5,924
(3) Procure by contract the temporary or intermittent 5,926
services of experts or consultants or organizations thereof when 5,927
such services are to be performed on a part-time or 5,928
fee-for-service basis and do not involve the performance of 5,929
administrative duties; 5,930
(4) Enter into agreements for the utilization of the 5,932
facilities and services of other departments, agencies, and 5,933
institutions, public or private; 5,934
(5) Accept on behalf of the state, and deposit in the 5,936
state treasury to the credit of the general operations fund 5,937
created in section 3701.83 of the Revised Code, any grant, gift, 5,938
134
or contribution made to assist in meeting the cost of carrying 5,939
out the director's responsibilities and expend the grant, gift, 5,940
or contribution for such purpose. Fees collected by the director 5,941
in connection with meetings and conferences shall also be 5,942
credited to the fund and expended for the purposes for which 5,943
paid.
(6) Make an annual report to the governor on activities 5,945
and expenditures, including recommendations for such additional 5,946
legislation as the director considers appropriate to furnish 5,947
adequate hospital, clinic, and similar facilities to the people 5,948
of this state.
(B) The director of health may enter into agreements to 5,951
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 5,952
director for the sale of services under this division shall be 5,953
deposited into the state treasury to the credit of the general 5,954
operations fund created in section 3701.83 of the Revised Code. 5,955
(C) If authorized by federal statute or regulation, the 5,958
director of health may establish and collect fees for conducting 5,959
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 5,960
established under Title XVIII of the "Social Security Act," 49 5,961
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 5,962
established for conducting an initial medicare certification 5,963
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 5,964
All fees collected under this division shall be deposited 5,966
into the state treasury to the credit of the medicare initial 5,967
certification fund, which is hereby created. Money credited to 5,968
the fund shall be used solely to pay the costs of conducting 5,969
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 5,971
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 5,972
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 5,973
135
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 5,974
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 5,976
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 5,977
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 5,978
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 5,979
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 5,981
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 5,982
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 5,983
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 5,984
INITIAL MEDICARE CERTIFICATIONS.
Sec 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT OF 5,986
HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 5,987
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 5,988
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 5,989
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 5,990
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 5,991
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 5,992
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 5,993
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 5,994
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 5,995
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 5,996
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 5,997
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 5,998
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 6,000
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 6,001
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 6,002
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 6,003
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 6,004
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 6,005
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 6,006
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 6,007
CODE.
Sec. 3702.111. (A) NOTWITHSTANDING THE AUTHORITY OF THE 6,009
136
DIRECTOR OF HEALTH TO ADOPT RULES UNDER SECTION 3702.11 OF THE 6,010
REVISED CODE, A HOSPITAL THAT MEETS THE FOLLOWING REQUIREMENTS 6,011
MAY ESTABLISH, WITHOUT AN OPEN HEART SURGERY SERVICE AND THE 6,012
PERSONNEL TO PERFORM THE SERVICE AT THE SAME LOCATION, A CARDIAC 6,013
CATHETERIZATION SERVICE FOR DIAGNOSING ADULT PATIENTS OTHER THAN 6,014
THOSE WHO MEET THE CRITERIA IN THOSE RULES FOR IDENTIFYING HIGH 6,015
RISK CONDITIONS FOR CARDIAC CATHETERIZATION:
(1) THE HOSPITAL IS CLASSIFIED AS A GENERAL HOSPITAL IN 6,017
RULES ADOPTED UNDER SECTION 3701.07 OF THE REVISED CODE. 6,018
(2) THE HOSPITAL HAS AT LEAST ONE HUNDRED BEDS REGISTERED 6,020
UNDER SECTION 3701.07 OF THE REVISED CODE. 6,021
(3) THE HOSPITAL IS LOCATED IN A COUNTY THAT, AS OF THE 6,023
DATE THE SERVICE IS ESTABLISHED, HAS A POPULATION OF MORE THAN 6,024
FORTY-FOUR THOUSAND BUT LESS THAN SIXTY THOUSAND AS PROVIDED IN 6,025
THE MOST RECENT DECENNIAL CENSUS FIGURES FROM THE UNITED STATES 6,026
DEPARTMENT OF COMMERCE, DIVISION OF CENSUS. 6,027
(B) A HOSPITAL THAT ESTABLISHES A CARDIAC CATHETERIZATION 6,029
SERVICE PURSUANT TO DIVISION (A) OF THIS SECTION SHALL COMPLY 6,030
WITH ALL THE FOLLOWING: 6,031
(1) A CARDIAC CATHETERIZATION PROCEDURE MAY BE PERFORMED 6,033
ON A PATIENT ONLY IF, PRIOR TO PERFORMING THE PROCEDURE, AN 6,034
ATTENDING PHYSICIAN CONSULTS WITH THE PATIENT TO DETERMINE THAT 6,035
THE PATIENT DOES NOT MEET THE CRITERIA FOR IDENTIFYING HIGH RISK 6,036
CONDITIONS FOR CARDIAC CATHETERIZATION OR, IN THE CASE OF AN 6,037
EMERGENCY, THE PHYSICIAN DETERMINES THAT TRANSFERRING THE PATIENT
IS NOT RECOMMENDED. 6,038
(2) THE MEDICAL DIRECTOR OF THE CARDIAC CATHETERIZATION 6,040
SERVICE SHALL MONITOR AND ENSURE THAT EACH PROCEDURE IS PERFORMED 6,041
IN ACCORDANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE 6,042
AND WITH THE PATIENT SELECTION CRITERIA ESTABLISHED IN RULES 6,043
ADOPTED UNDER SECTION 3702.11 OF THE REVISED CODE.
(3) THE HOSPITAL SHALL MAINTAIN A WRITTEN PROTOCOL FOR 6,045
EMERGENCY CARE AND TRANSFER OF PATIENTS WHO REQUIRE EMERGENCY 6,046
OPEN HEART SURGERY DURING OR IMMEDIATELY AFTER A CARDIAC 6,047
137
CATHETERIZATION PROCEDURE.
(4) THE HOSPITAL SHALL MAINTAIN A FORMAL WRITTEN AGREEMENT 6,049
WITH ANOTHER HOSPITAL FOR THE PURPOSE OF PROVIDING EMERGENCY OPEN 6,050
HEART SURGERY TO PATIENTS DESCRIBED IN DIVISION (B)(3) OF THIS 6,051
SECTION. THE OTHER HOSPITAL MUST BE ONE THAT MAINTAINS AN OPEN 6,052
HEART SURGERY SERVICE IN COMPLIANCE WITH RULES ADOPTED UNDER 6,053
SECTION 3702.11 OF THE REVISED CODE AND IS AT A LOCATION TO WHICH
PATIENTS CAN BE TRANSPORTED WITHIN A REASONABLE TIME BY AVAILABLE 6,055
EMERGENCY VEHICLE. 6,056
(5) THE HOSPITAL SHALL COMPLY WITH ALL OTHER SAFETY 6,058
STANDARDS, QUALITY-OF-CARE STANDARDS, AND DATA REPORTING 6,060
REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3702.11 6,061
OF THE REVISED CODE.
Sec. 3702.52. The director of health shall administer a 6,071
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 6,072
those sections. 6,073
(A) The director shall issue rulings on whether a 6,075
particular proposed project is a reviewable activity. The 6,076
director shall issue a ruling not later than forty-five days 6,077
after receiving a request for a ruling accompanied by the 6,078
information needed to make the ruling. If the director does not 6,079
issue a ruling in that time, the project shall be considered to 6,080
have been ruled not a reviewable activity. 6,081
(B) The director shall review applications for 6,083
certificates of need. Each application shall be submitted to the 6,084
director on forms prescribed by the director, shall include all 6,085
information required by rules adopted under division (B) of 6,086
section 3702.57 of the Revised Code, and shall be accompanied by 6,087
the application fee established in rules adopted under division 6,088
(G) of that section. Application fees received by the director 6,089
under this division shall be deposited into the state treasury to 6,090
the credit of the certificate of need fund, which is hereby 6,091
created. The director shall use the fund only to pay the costs 6,092
138
of administering sections 3702.51 to 3702.62 of the Revised Code 6,093
and rules adopted under those sections, and to make payments to 6,094
health service agencies under division (H) of this section. 6,095
The director shall mail to the applicant a written notice 6,097
that the application meets the criteria for a complete 6,098
application specified in rules adopted under section 3702.57 of 6,099
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 6,101
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 6,102
information.
The director may conduct a public informational hearing in 6,104
the course of reviewing any application for a certificate of 6,105
need, and shall conduct one if requested to do so by any affected 6,106
person not later than fifteen days after the director mails the 6,107
notice that the application is complete. The hearing shall be 6,108
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 6,109
person may testify at the hearing. The director may, with the 6,110
health service agency's consent, designate a health service 6,111
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 6,113
with a subpoena issued under division (F) of this section, after 6,115
a notice of completeness has been received, no person shall 6,116
knowingly discuss in person or by telephone the merits of the 6,118
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 6,120
reasonable effort to invite interested parties to the meeting or 6,121
conference call.
(C) Divisions (C)(1) to (7) of this section apply to 6,124
certificate of need applications for which the director had not 6,126
issued a written decision prior to April 20, 1995, unless the 6,127
director was required, under the version of this section in 6,128
effect immediately prior to the effective date of this amendment 6,129
139
JUNE 30, 1995, to grant a certificate of need prior to the 6,131
effective date of this amendment JUNE 30, 1995, because of a lack 6,133
of written objections from any affected person. Divisions (C)(1) 6,134
to (7) of this section do not invalidate any certificate of need 6,135
that the director was required to grant prior to the effective 6,136
date of this amendment JUNE 30, 1995, under that circumstance. 6,137
(1) The director shall grant a certificate of need for the 6,140
entire project that is the subject of the application immediately
after both of the following conditions are met: 6,142
(a) The board of trustees of the health service agency of 6,145
the health service area in which the reviewable activity is 6,146
proposed to be conducted recommends, prior to the deadline 6,147
specified in division (C)(4) of this section or any extension of 6,148
it under division (C)(5) of this section, that the certificate of 6,149
need be granted;
(b) The director receives no written objections to the 6,151
application from any affected person by the later of May 20, 6,152
1995, or thirty days after the director mails the notice of 6,153
completeness.
(2) In the case of applications under comparative review, 6,155
the director shall grant certificates of need for the entire 6,156
projects that are the subject of the applications immediately 6,157
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 6,159
each health service area in which the reviewable activities are 6,160
proposed to be conducted recommends, prior to the deadline 6,161
specified in division (C)(4) of this section or any extension of 6,162
it under division (C)(5) of this section, that certificates of 6,163
need be granted for each of the reviewable activities to be
conducted in its health service area; 6,164
(b) The director receives no written objections to any of 6,166
the applications from any affected person by the later of May 20, 6,167
1995, or thirty days after the director mails the last notice of 6,168
completeness.
140
The director's grant of a certificate of need under 6,170
division (C)(1) or (2) of this section does not affect, and sets 6,171
no precedent for, the director's decision to grant or deny other 6,172
applications for similar reviewable activities proposed to be 6,173
conducted in the same or different health service areas.
(3) If the director receives written objections to an 6,176
application from any affected person by the later of May 20, 6,177
1995, or thirty days after mailing the notice of completeness, 6,178
regardless of the health service agency's recommendation, the 6,179
director shall notify the applicant and assign a hearing examiner 6,181
to conduct an adjudication hearing concerning the application in 6,182
accordance with Chapter 119. of the Revised Code. In the case of 6,184
applications under comparative review, if the director receives 6,185
written objections to any of the applications from any affected 6,187
person by the later of May 20, 1995, or thirty days after the 6,188
director mails the last notice of completeness, regardless of the 6,190
health service agencies' recommendation, the director shall 6,192
notify all of the applicants and appoint a hearing examiner to 6,193
conduct a consolidated adjudication hearing concerning the 6,194
applications in accordance with Chapter 119. of the Revised Code. 6,196
The hearing examiner shall be employed by or under contract with 6,197
the department of health. 6,198
The adjudication hearings may be conducted in the health 6,201
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 6,203
in comparative review may be conducted in the geographic region 6,204
in which all of the reviewable activities will be conducted. The 6,205
applicant, the director, and the affected persons that filed 6,206
objections to the application shall be parties to the hearing. 6,207
If none of the affected persons that submitted written objections 6,208
to the application appears or prosecutes the hearing, the hearing 6,209
examiner shall dismiss the hearing and the director shall grant a 6,211
certificate of need for the entire project that is the subject of 6,212
the application. The affected persons bear the burden of proving 6,213
141
by a preponderance of evidence that the project is not needed or 6,214
that granting the certificate would not be in accordance with 6,215
sections 3702.51 to 3702.62 of the Revised Code or the rules 6,216
adopted under section 3702.57 of the Revised Code. 6,217
(4) Except as provided in divisions (C)(1) and (2) of this 6,220
section, the director shall grant or deny certificate of need 6,221
applications for which an adjudication hearing is not conducted 6,222
under division (C)(3) of this section not later than ninety days 6,224
after mailing the notice of completeness or, in the case of an 6,225
application proposing addition of long-term care beds, not later 6,226
than ninety days after such other time as is specified in rules 6,227
adopted under section 3702.57 of the Revised Code. The director 6,229
shall grant or deny certificate of need applications for which an 6,231
adjudication hearing is conducted under division (C)(3) of this 6,233
section not later than thirty days after the expiration of the 6,234
time for filing objections to the report and recommendation of 6,235
the hearing examiner under section 119.09 of the Revised Code. 6,236
The director shall base decisions concerning applications for 6,237
which an adjudication hearing is conducted under division (C)(3) 6,238
of this section on the report and recommendations of the hearing 6,239
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 6,242
or (6) of this section, the director or the applicant may extend 6,245
the deadline prescribed in division (C)(4) of this section once, 6,247
for no longer than thirty days, by written notice before the end 6,248
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 6,250
applications that are in comparative review. 6,251
(6) No applicant in a comparative review may extend the 6,253
deadline specified in division (C)(4) of this section. 6,254
(7) Except as provided in divisions (C)(1) and (2) of this 6,257
section, the director may grant a certificate of need for all or 6,258
part of the project that is the subject of an application. If 6,259
the director does not grant or deny the certificate by the 6,260
142
applicable deadline specified in division (C)(4) of this section 6,262
or any extension of it under division (C)(5) of this section, the 6,263
certificate shall be considered to have been granted. The 6,264
director, in reviewing certificate of need applications for solid 6,266
organ transplantation services, may ask for assistance from a 6,267
statewide transplantation advisory group consisting of qualified 6,268
professionals and administrators. Such consultation shall not 6,269
cause the review period for any application to be extended beyond 6,270
the applicable deadline specified in division (C)(4) of this 6,272
section or any extension of it under division (C)(5) of this 6,274
section.
(D) In granting a certificate of need, the director shall 6,276
specify as the maximum capital expenditure the certificate holder 6,277
may obligate under the certificate a figure equal to one hundred 6,278
ten per cent of the approved project cost. 6,279
(E) The director shall monitor the activities of persons 6,282
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 6,284
of need and ending five years after implementation of the 6,285
activity for which the certificate was granted.
In the case of any other certificate of need, the director 6,287
shall monitor the activities of persons granted certificates of 6,288
need during the period beginning with the granting of the 6,290
certificate of need and ending when the activity for which the 6,291
certificate was granted ceases to be a reviewable activity in 6,292
accordance with section 3702.511 of the Revised Code. 6,293
(F) When reviewing applications for certificates of need 6,296
or monitoring activities of persons granted certificates of need, 6,297
the director may issue and enforce, in the manner provided in 6,299
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 6,301
application or monitoring of the activities. In addition, the 6,303
director or the director's designee, which may include a health 6,305
service agency, may visit the sites where the activities are or 6,306
143
will be conducted.
(G) The director may withdraw certificates of need. 6,308
(H) The director shall pay, to each health service agency 6,310
that engages in one or more of the functions identified in 6,311
division (D)(5) of section 3702.58 of the Revised Code with 6,312
respect to an application for a certificate of need, one-third of 6,313
the application fee paid under division (B) of this section, 6,314
subject to a maximum of four thousand dollars. The amount paid 6,315
under this division to each health service agency during each 6,317
fiscal year shall not be less than the amount received by the 6,318
health service agency between July 1, 1988, and June 30, 1989, or 6,319
the amount received by the agency between January 1, 1988, and 6,320
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 6,322
system data collection and analysis activities and prepare 6,323
reports. The director shall make recommendations based upon 6,324
these activities to the public health council concerning the 6,325
adoption of appropriate rules under section 3702.57 of the 6,326
Revised Code. All health care facilities and other health care 6,327
providers shall submit to the director, upon request, any 6,328
information that is necessary to conduct reviews of certificate 6,329
of need applications and to develop recommendations for criteria 6,330
for reviews, and that is prescribed by rules adopted under 6,331
division (H) of section 3702.57 of the Revised Code. 6,332
(J)(I) Any decision to grant or deny a certificate of need 6,334
shall consider the special needs and circumstances resulting from 6,335
moral and ethical values and the free exercise of religious 6,336
rights of health care facilities administered by religious 6,337
organizations, and the special needs and circumstances of 6,338
children's hospitals, inner city hospitals, and small rural 6,339
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 6,348
rules establishing procedures and criteria for reviews of 6,349
applications for certificates of need and issuance, denial, or 6,350
144
withdrawal of certificates. 6,351
(1) The rules shall require that, in addition to any other 6,354
applicable review requirements of sections 3702.51 to 3702.62 of 6,355
the Revised Code and rules adopted thereunder, any application 6,356
for a certificate of need from an osteopathic hospital be 6,357
reviewed on the basis of the need for and the availability in the 6,358
community of services and hospitals for osteopathic physicians 6,359
and their patients, and in terms of its impact on existing and 6,360
proposed institutional training programs for doctors of 6,361
osteopathy and doctors of medicine at the student, internship, 6,362
and residency training levels. 6,363
(2) In adopting rules that establish criteria for reviews 6,365
of applications of certificates of need, the council shall 6,366
consider the availability of and need for long-term care beds to 6,367
provide care and treatment to persons diagnosed as having 6,368
traumatic brain injuries and shall prescribe criteria for 6,369
reviewing applications that propose to add long-term care beds to 6,370
provide care and treatment to persons diagnosed as having 6,371
traumatic brain injuries. 6,372
(3) The criteria for reviews of applications for 6,374
certificates of need shall relate to the need for the reviewable 6,375
activity and shall pertain to all of the following matters: 6,376
(a) The impact of the reviewable activity on the cost and 6,378
quality of health services in the relevant geographic area, 6,379
including, but not limited, to the historical and projected 6,380
utilization of the services to which the application pertains and 6,381
the effect of the reviewable activity on utilization of other 6,382
providers of similar services; 6,383
(b) The quality of the services to be provided as the 6,385
result of the activity, as evidenced by the historical 6,386
performance of the persons that will be involved in providing the 6,388
services and by the provisions that are proposed in the 6,389
application to ensure quality, including but not limited to 6,390
adequate available personnel, available ancillary and support 6,391
145
services, available equipment, size and configuration of physical 6,392
plant, and relations with other providers; 6,393
(c) The impact of the reviewable activity on the 6,395
availability and accessibility of the type of services proposed 6,396
in the application to the population of the relevant geographic 6,397
area, and the level of access to the services proposed in the 6,398
application that will be provided to medically underserved 6,399
individuals such as recipients of public assistance and 6,400
individuals who have no health insurance or whose health 6,401
insurance is insufficient; 6,402
(d) The activity's short- and long-term financial 6,404
feasibility and cost-effectiveness, the impact of the activity on 6,405
the applicant's costs and charges, and a comparison of the 6,407
applicant's costs and charges with those of providers of similar 6,408
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 6,410
alternatives to the reviewable activity; 6,411
(f) The impact of the activity on all other providers of 6,414
similar services in the health service area or other relevant 6,415
geographic area, including the impact on their utilization, 6,416
market share, and financial status;
(g) The historical performance of the applicant and 6,419
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 6,420
accreditation, or licensure requirements; 6,421
(h) The relationship of the activity to the current 6,424
edition of the state health resources plan issued under section 6,425
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 6,428
related or affiliated parties in providing cost-effective health 6,429
care services;
(j) The special needs and circumstances of the applicant 6,432
or population proposed to be served by the proposed project, 6,433
including research activities, prevalence of particular diseases, 6,434
146
unusual demographic characteristics, cost-effective contractual 6,435
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 6,438
proposed site of the activity;
(l) The participation by the applicant in research 6,441
conducted by the United States food and drug administration or 6,442
clinical trials sponsored by the national institutes of health. 6,443
(4) The criteria for reviews of applications may include 6,446
formulas for determining need for beds and services. 6,447
(a) The criteria prescribing formulas shall not, either by 6,449
themselves or in conjunction with any established occupancy 6,450
guidelines, require, as a condition of being granted a 6,451
certificate of need, that a hospital reduce its complement of 6,452
registered beds or discontinue any service that is not related to 6,453
the service or project for which the certificate of need is 6,454
sought. 6,455
(b) With respect to applications to conduct reviewable 6,457
activities that are affected directly by the inpatient occupancy 6,458
of a health care facility, including addition, relocation, or 6,459
recategorization of beds or renovation or other construction 6,460
activities relating to inpatient services, the rules shall 6,461
prescribe criteria for determining whether the scope of the 6,462
proposed project is appropriate in light of the historical and 6,463
reasonably projected occupancy rates for the beds related to the 6,464
project. 6,465
(c) Any rules prescribing criteria that establish ratios 6,467
of beds, services, or equipment to population shall specify the 6,469
bases for establishing the ratios or mitigating factors or 6,470
exceptions to the ratios. 6,471
(B) The council shall adopt rules specifying all of the 6,473
following: 6,474
(1) Information that must be provided in applications for 6,477
certificates of need, which shall include a plan for obligating 6,479
the capital expenditure or implementing the proposed project on a 6,480
147
timely basis in accordance with section 3702.525 of the Revised 6,482
Code;
(2) Procedures for reviewing applications for completeness 6,486
of information;
(3) Criteria for determining that the application is 6,489
complete.
(C) The council shall adopt rules specifying requirements 6,491
that holders of certificates of need must meet in order for the 6,492
certificates to remain valid and establishing definitions and 6,493
requirements for obligation of capital expenditures and 6,494
implementation of projects authorized by certificates of need. 6,495
(D) The council shall adopt rules establishing criteria 6,497
and procedures under which the director of health may withdraw a 6,498
certificate of need if the holder fails to meet requirements for 6,499
continued validity of the certificate. 6,500
(E) The council shall adopt rules establishing procedures 6,502
under which the department of health shall monitor project 6,503
implementation activities of holders of certificates of need. 6,504
The rules adopted under this division also may establish 6,505
procedures for monitoring implementation activities of persons 6,507
that have received nonreviewability rulings. 6,509
(F) The council shall adopt rules establishing procedures 6,511
under which the director of health shall review certificates of 6,512
need whose holders exceed or appear likely to exceed an 6,514
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 6,516
of need application fees sufficient to pay the costs incurred by 6,517
the department for administering sections 3702.51 to 3702.62 of 6,519
the Revised Code and to pay health service agencies for the 6,520
functions they perform under division (D)(5) of section 3702.58 6,522
of the Revised Code. Unless rules are adopted under this 6,523
division establishing different application fees, the application 6,524
fee for a project not involving a capital expenditure shall be 6,525
three thousand dollars and the application fee for a project 6,526
148
involving a capital expenditure shall be nine-tenths of one per 6,527
cent of the capital expenditure proposed subject to a minimum of 6,528
three thousand dollars and a maximum of twenty thousand dollars. 6,529
(H) The council shall adopt rules specifying information 6,531
that is necessary to conduct reviews of certificate of need 6,532
applications and to develop recommendations for criteria for 6,533
reviews that health care facilities and other health care 6,534
providers are to submit to the director under division (I)(H) of 6,536
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 6,539
person," "related person," and "ultimate controlling interest" 6,540
for purposes of section 3702.524 of the Revised Code. 6,541
(J) The council shall adopt rules prescribing requirements 6,544
for holders of certificates of need to demonstrate to the 6,545
director under section 3702.526 of the Revised Code that 6,547
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 6,548
director shall determine whether reasonable progress is being 6,549
made.
(K) The council shall adopt rules defining high-risk 6,551
cardiac catheterization patients. High-risk patients shall 6,553
include patients with significant ischemic syndromes or unstable 6,554
myocardial infarction, patients who need intervention such as 6,555
angioplasty or bypass surgery, patients who may require difficult 6,556
or complex catheterization procedures such as transeptal 6,557
assessment of valvular dysfunction, patients with critical aortic 6,558
stenosis or congestive heart failure, and other patients 6,559
specified by the council. 6,560
(L) The public health council shall adopt all rules under 6,563
divisions (A) to (K) of this section in accordance with Chapter 6,565
119. of the Revised Code. The council may adopt other rules as 6,566
necessary to carry out the purposes of sections 3702.51 to 6,567
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 6,576
149
geographic regions of this state as health service areas and 6,577
shall designate one health service agency for each health service 6,578
area. All territory in this state shall be included in a health 6,579
service area, but no territory shall be included in more than one 6,580
health service area.
(B) The director shall designate as a health service area 6,582
any health service area that was so designated in accordance with 6,583
the former "National Health Planning and Resources Development 6,584
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 6,585
November 13, 1986. The director shall designate as a health 6,586
service agency any health systems agency designated under such 6,587
former act that, on June 30, 1987, was performing the functions 6,589
of a health systems agency as provided for in such former act. 6,590
(C) The director may designate health service areas and 6,592
health service agencies in addition to those designated under 6,593
division (B) of this section, may revise the boundaries of health 6,594
service areas, and may revoke the designation of a health service 6,595
agency and designate a new health service agency for a health 6,596
service area. 6,597
Each health service agency designated under this division 6,600
shall be a nonprofit private corporation that is incorporated in 6,601
this state as a corporation that is exempt from federal income 6,602
taxation under subsection 501(a) and described in subsection 6,603
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 6,604
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 6,605
otherwise controlled by, any other private or public corporation 6,606
or other legal entity.
The board of trustees of each health service agency shall 6,609
be nominated and elected by the agency's membership in accordance 6,610
with procedures specified in the agency's by-laws. Each trustee 6,611
shall be a resident of the health service area served by the 6,612
agency, and any resident of the health service area age eighteen 6,613
or older is eligible to be nominated. The board of trustees 6,614
shall be broadly representative of the demographic
150
characteristics of the health service area, including the 6,615
geographic distribution and density of the population. 6,616
A majority of the trustees, but not more than seventy-five 6,619
per cent, shall represent consumers and major purchasers of 6,620
health care, including businesses and labor organizations, that 6,621
are not health care providers. All other trustees shall 6,622
represent health care providers and, to the extent practicable, 6,623
shall be representative of the variety of health care disciplines 6,624
and interests of the health service area. Only the trustees 6,625
representing health care consumers and purchasers may vote on 6,626
agency proceedings concerning a certificate of need application. 6,627
However, no such trustees shall vote on proceedings concerning a 6,628
certificate of need application if he THE TRUSTEE has a financial 6,629
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 6,631
policies governing the agency's ability to sell health care 6,632
information and resources to the public, to engage in activities 6,633
on a fee-for-service basis, and to enter into contractual 6,634
arrangements. However, these policies do not affect the 6,635
requirements of division (H) of section 3702.52 of the Revised 6,637
Code with respect to the amount the director pays for the 6,638
agency's performance of any function described in division (D)(5) 6,639
of this section. No health service agency shall engage in any 6,640
fee-for-service activity with a health care facility. Each board 6,641
of trustees shall hire appropriate staff to perform duties 6,642
required by the board.
(D) The functions of health service agencies shall 6,644
include, but not be limited to: 6,645
(1) Performing functions related to the planning and 6,647
implementation of health care facilities and health care services 6,649
by:
(a) Identifying community health care needs and 6,651
establishing community-based priorities and implementation 6,652
strategies;
151
(b) Developing community-based plans to address identified 6,654
needs and priorities; 6,655
(c) Providing technical assistance on community health 6,657
care needs assessment and planning and implementation strategies 6,658
to entities responsible for the delivery of health care services; 6,659
(d) Serving as the community resource to ensure that all 6,661
concerned individuals and organizations of the community are 6,662
represented and afforded an opportunity to participate in the 6,663
planning and implementation of the health care systems and 6,664
services that best meet the needs of the citizens of the health 6,665
service area;
(e) Submitting to the director of health for inclusion in 6,667
the state health resources plan issued under section 3702.521 of 6,668
the Revised Code the local community-based health resources plan, 6,670
which shall contain an analysis of the distribution of all health 6,671
services, facilities, and other resources in the health service 6,672
area, including existing deficiencies and excesses in local
health resources; 6,673
(f) Submitting annually to the director a supplemental 6,675
report recommending changes to the state health resources plan as 6,676
it deems appropriate by the community health planning process. 6,677
(2) Performing functions related to monitoring of the 6,679
health care system in the health service area, including: 6,680
(a) Compiling, analyzing, and disseminating technical 6,682
information and data identifying statistical trends and gaps in 6,683
health care services;
(b) Evaluating progress toward meeting local and state 6,685
health care goals as established by their respective planning 6,686
processes;
(c) Serving as the health service area community health 6,688
information center by: 6,689
(i) Making available to the general public information 6,691
about the quality, including performance and outcomes, and cost 6,692
of, and access to, the health care delivery services and systems; 6,693
152
(ii) Maintaining copies of reports on utilization of, 6,695
participation in, and performance of health care reform 6,696
initiatives, including OhioCare, any health insurance access 6,697
programs, and other health care cost, quality, and access reform 6,698
program;
(iii) Maintaining copies of all reports required by state 6,700
agencies that pertain to health care services, utilization, and 6,701
cost.
(3) Conducting the following community activities: 6,703
(a) Informing and educating the public on health care 6,705
issues, concerns, and proposed solutions, such as educating the 6,706
public about the proper use of health care delivery reform 6,707
initiatives;
(b) Providing forums for solving problems, resolving 6,709
conflicts, and building consensus; 6,710
(c) Publishing and making available to the public reports 6,712
on health care utilization, cost, and quality of services; 6,713
(d) Establishing and maintaining educational programs and 6,715
other informational resources for promoting improvement in the 6,716
health of the residents in the health service area. 6,717
(4) Promoting improvements in the health of the residents 6,719
of the health service area by helping the community to: 6,720
(a) Plan for and implement improvements in cost, 6,722
accessibility, and quality of health care services; 6,723
(b) Minimize unnecessary duplication of health services 6,725
and technology; 6,726
(c) Promote competition where appropriate in the health 6,728
service area. 6,729
(5) Implementing the certificate of need program on the 6,731
local level by:
(a) Providing technical assistance to applicants for 6,733
certificates of need; 6,734
(b) Advising the director of health by conducting 6,737
community reviews of certificate of need applications based on 6,738
153
local and state health resources plans and criteria and standards 6,739
established by the public health council; 6,740
(c) Conducting public informational hearings on 6,742
certificate of need applications under division (B) of section 6,743
3702.52 of the Revised Code;
(d) Submitting to the director findings and 6,745
recommendations on certificate of need applications; 6,746
(e) Monitoring compliance with the granted certificates of 6,748
need in the health service area on behalf of the director; 6,750
(f) Reporting findings of monitoring activities in a 6,752
format determined by the director. 6,753
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 6,762
3702.62 of the Revised Code, this section applies to the review 6,763
of certificate of need applications during the period beginning 6,764
July 1, 1993, and ending June 30, 1999 2001. 6,765
(B)(1) Except as provided in division (B)(2) of this 6,767
section, the director of health shall neither grant nor deny any 6,768
application for a certificate of need submitted prior to July 1, 6,769
1993, if the application was for any of the following and the 6,771
director had not issued a written decision concerning the 6,772
application prior to that date:
(a) Approval of beds in a new health care facility or an 6,774
increase of beds in an existing health care facility, if the beds 6,775
are proposed to be licensed as nursing home beds under Chapter 6,776
3721. of the Revised Code; 6,777
(b) Approval of beds in a new county home or new county 6,779
nursing home as defined in section 5155.31 of the Revised Code, 6,780
or an increase of beds in an existing county home or existing 6,781
county nursing home, if the beds are proposed to be certified as 6,782
skilled nursing facility beds under Title XVIII or nursing 6,783
facility beds under Title XIX of the "Social Security Act," 49 6,784
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 6,785
(c) Recategorization of hospital beds as described in 6,787
section 3702.522 of the Revised Code, an increase of hospital 6,789
154
beds registered pursuant to section 3701.07 of the Revised Code 6,790
as long-term care beds or skilled nursing facility beds, or a 6,791
recategorization of hospital beds that would result in an 6,792
increase of beds registered pursuant to that section as long-term 6,793
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 6,796
application to the applicant and, notwithstanding section 3702.52 6,797
of the Revised Code regarding the uses of the certificate of need 6,798
fund, shall refund to the applicant the application fee paid 6,799
under that section. Applications returned under division (B)(1) 6,800
of this section may be resubmitted in accordance with section 6,801
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 6,802
(2) The director shall continue to review and shall issue 6,804
a decision regarding any application submitted prior to July 1, 6,805
1993, to increase beds for either of the purposes described in 6,807
division (B)(1)(a) or (b) of this section if the proposed 6,808
increase in beds is attributable solely to a replacement or 6,809
relocation of existing beds within the same county. The director 6,810
shall authorize under such an application no additional beds 6,811
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 6,813
section, the director, during the period beginning July 1, 1993, 6,814
and ending June 30, 1999 2001, shall not accept for review under 6,815
section 3702.52 of the Revised Code any application for a 6,816
certificate of need for any of the purposes described in 6,817
divisions (B)(1)(a) to (c) of this section. 6,818
(2) The director shall accept for review any application 6,820
for either of the purposes described in division (B)(1)(a) or (b) 6,821
of this section if the proposed increase in beds is attributable 6,822
solely to a replacement or relocation of existing beds within the 6,823
same county. The director shall authorize under such an 6,824
application no additional beds beyond those being replaced or 6,825
relocated. The director also shall accept for review any 6,826
application that seeks certificate of need approval for existing 6,827
155
beds located in an infirmary that is operated exclusively by a 6,829
religious order, provides care exclusively to members of 6,830
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 6,831
care exclusively to members of such a religious order on January 6,832
1, 1994.
(D) The director shall issue a decision regarding any case 6,834
remanded by a court as the result of a decision issued by the 6,837
director prior to July 1, 1993, to grant, deny, or withdraw a 6,838
certificate of need for any of the purposes described in 6,839
divisions (B)(1)(a) to (c) of this section. 6,840
(E) The director shall not project the need for beds 6,842
listed in division (B)(1) of this section for the period 6,843
beginning July 1, 1993, and ending June 30, 1999 2001. 6,844
This section is an interim section effective until July 1, 6,846
1999 2001. 6,847
Sec. 3705.24. (A) Except as otherwise provided in this 6,856
division or division (G) of this section, the fee for a certified 6,858
copy of a vital record or for a certification of birth shall be
five SEVEN dollars plus any fee required by section 3109.14 of 6,860
the Revised Code. Except as provided in section 3705.241 of the 6,861
Revised Code, the fee for a certified copy of a vital record or 6,862
for a certification of birth issued by the office of vital 6,863
statistics shall be an amount prescribed by the public health 6,864
council plus any fee required by section 3109.14 of the Revised 6,865
Code. The fee for a certified copy of a vital record or for a 6,866
certification of birth issued by a health district shall be an 6,867
amount prescribed in accordance with section 3709.09 of the 6,868
Revised Code plus any fee required by section 3109.14 of the 6,869
Revised Code. No certified copy of a vital record or 6,870
certification of birth shall be issued without payment of the fee 6,871
unless otherwise specified by statute.
For a special search of the files and records to determine 6,873
a date or place contained in a record on file, the office of 6,874
156
vital statistics shall charge a fee of three dollars for each 6,875
hour or fractional part of an hour required for the search. 6,876
(B) Except as otherwise provided in division (G) of this 6,879
section, and except as provided in section 3705.241 of the 6,880
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 6,881
into the state treasury to the credit of the general operations 6,882
fund created by section 3701.83 of the Revised Code. Money 6,884
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 6,885
Amounts submitted to the department of health for copies of vital 6,887
records or services in excess of the fees imposed by this section 6,888
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 6,890
retained by the department and deposited in the state treasury to 6,891
the credit of the general operations fund created by section 6,892
3701.83 of the Revised Code. 6,893
(2) An overpayment in excess of two dollars shall be 6,895
returned to the person who made the overpayment. 6,896
(C) If a local registrar is a salaried employee of a city 6,898
or a general health district, any fees the local registrar 6,899
receives pursuant to section 3705.23 of the Revised Code shall be 6,900
paid into the general fund of the city or the health fund of the 6,901
general health district. 6,902
Each local registrar of vital statistics, or each health 6,904
district where the local registrar is a salaried employee of the 6,905
district, shall be entitled to a fee for each birth, fetal death, 6,906
death, or military service certificate properly and completely 6,907
made out and registered with the local registrar or district and 6,908
correctly copied and forwarded to the office of vital statistics 6,910
in accordance with the population of the primary registration 6,911
district at the last federal census. The fee for each birth, 6,912
fetal death, death, or military service certificate shall be: 6,913
(1) In primary registration districts of over two hundred 6,915
157
fifty thousand, twenty cents; 6,916
(2) In primary registration districts of over one hundred 6,918
twenty-five thousand and less than two hundred fifty thousand, 6,919
sixty cents; 6,920
(3) In primary registration districts of over fifty 6,922
thousand and less than one hundred twenty-five thousand, eighty 6,923
cents; 6,924
(4) In primary registration districts of less than fifty 6,926
thousand, one dollar. 6,927
(D) The director of health shall annually certify to the 6,929
county treasurers of the several counties the number of birth, 6,930
fetal death, death, and military service certificates registered 6,931
from their respective counties with the names of the local 6,932
registrars and the amounts due each registrar and health district 6,933
at the rates fixed in this section. Such amounts shall be paid 6,934
by the treasurer of the county in which the registration 6,935
districts are located. No fees shall be charged or collected by 6,936
registrars except as provided by this chapter and section 3109.14 6,937
of the Revised Code. 6,938
(E) A probate judge shall be paid a fee of fifteen cents 6,940
for each certified abstract of marriage prepared and forwarded by 6,941
the probate judge to the department of health pursuant to section 6,942
3705.21 of the Revised Code. The fee shall be in addition to the 6,943
fee paid for a marriage license and shall be paid by the 6,944
applicants for the license. 6,945
(F) The clerk of a court of common pleas shall be paid a 6,947
fee of one dollar for each certificate of divorce, dissolution, 6,948
and annulment of marriage prepared and forwarded by the clerk to 6,949
the department pursuant to section 3705.21 of the Revised Code. 6,950
The fee for the certified abstract of divorce, dissolution, or 6,951
annulment of marriage shall be added to the court costs allowed 6,952
in these cases. 6,953
(G) The fee for an heirloom certification of birth issued 6,955
pursuant to division (B)(2) of section 3705.23 of the Revised 6,957
158
Code shall be an amount prescribed by rule by the director of 6,959
health plus any fee required by section 3109.14 of the Revised 6,960
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 6,961
offset the expense of processing heirloom certifications of 6,962
birth. The fee prescribed by the director of health pursuant to 6,964
this division shall be deposited into the state treasury to the 6,966
credit of the heirloom certification of birth fund which is 6,967
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 6,968
heirloom certifications of birth. However, the money collected 6,969
for the surcharge, subject to the approval of the controlling 6,970
board, shall be used for the purposes specified by the family and 6,971
children first council pursuant to section 121.37 of the Revised 6,972
Code.
Sec. 3721.31. (A)(1) Except as provided in division (E) 6,981
of this section, the director of health shall approve competency 6,982
evaluation programs and training and competency evaluation 6,983
programs in accordance with rules adopted under section 3721.30 6,984
of the Revised Code and shall periodically review and reapprove 6,985
programs approved under this section. 6,986
(2) Except as otherwise provided in division (A)(3) of 6,988
this section, the director may approve and reapprove programs 6,989
conducted by or in long-term care facilities, or by any 6,990
government agency or person, including an employee organization. 6,991
(3) The director shall not approve or reapprove a 6,993
competency evaluation program or training and competency 6,994
evaluation program conducted by or in a long-term care facility 6,995
that was determined by the director or the United States 6,996
secretary of health and human services to have been out of 6,997
compliance with the requirements of subsection (b), (c), or (d) 6,998
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 6,999
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 7,000
prior to making application for approval or reapproval and shall 7,001
159
revoke the approval or reapproval of a program conducted by or in 7,002
a facility for which such a determination is made. 7,003
(4) A long-term care facility, employee organization, 7,005
person, or government entity seeking approval or reapproval of a 7,006
competency evaluation program or training and competency 7,007
evaluation program shall make an application to the director for 7,008
approval or reapproval of the program and shall provide any 7,009
documentation requested by the director. 7,010
(5) The director may conduct inspections and examinations 7,012
of approved competency evaluation programs and training and 7,013
competency evaluation programs, competency evaluation programs 7,014
and training and competency evaluation programs for which an 7,015
application for approval has been submitted under division (A)(4) 7,016
of this section, and the sites at which they are or will be 7,017
conducted. The director may conduct inspections of long-term 7,018
care facilities in which individuals who have participated in 7,019
approved competency evaluation programs and training and 7,020
competency evaluation programs are being used as nurse aides. 7,021
(B) In accordance with Chapter 119. of the Revised Code, 7,023
the director may do the following: 7,024
(1) Deny, suspend, or revoke approval or reapproval of any 7,026
of the following that is not in compliance with this section and 7,027
section 3721.30 of the Revised Code and rules adopted thereunder: 7,028
(a) A competency evaluation program; 7,030
(b) A training and competency evaluation program; 7,032
(c) A training program for instructors or coordinators for 7,034
training and competency evaluation programs; 7,035
(d) A training program for evaluators for competency 7,037
evaluation programs. 7,038
(2) Deny a request that he THE DIRECTOR determine either 7,040
ANY of the following for the purposes of division (B) of section 7,042
3721.28 of the Revised Code: 7,043
(a) That a program completed prior to the dates specified 7,045
in division (B)(3) of section 3721.28 of the Revised Code 7,046
160
included a competency evaluation component no less stringent than 7,047
the competency evaluation programs approved or conducted by him 7,048
THE DIRECTOR under this section, and was otherwise comparable to 7,050
the training and competency evaluation programs being approved 7,051
under this section; 7,052
(b) That an individual satisfies division (B)(5) of 7,054
section 3721.28 of the Revised Code; 7,055
(c) That an individual meets the conditions specified in 7,057
division (F) of section 3721.28 of the Revised Code. 7,058
(C) The director may develop and conduct a competency 7,060
evaluation program for individuals used by long-term care 7,061
facilities as nurse aides at any time during the period 7,062
commencing July 1, 1989, and ending January 1, 1990, and 7,063
individuals who participate in training and competency evaluation 7,064
programs conducted in or by long-term care facilities. The 7,065
director also may conduct other competency evaluation programs 7,066
and training and competency evaluation programs. When conducting 7,067
competency evaluation programs and training and competency 7,068
evaluation programs, the director may use a nurse aide competency 7,069
evaluation prepared by a national standardized testing service, 7,070
and may contract with the service to administer the evaluation 7,071
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 7,072
(D) The director may approve or conduct programs to train 7,074
instructors and coordinators for training and competency 7,075
evaluation programs and evaluators for competency evaluation 7,076
programs. The director may conduct inspections and examinations 7,077
of those programs that have been approved by him THE DIRECTOR or 7,078
for which an application for approval has been submitted, and the 7,080
sites at which the programs are or will be conducted. 7,081
(E) Notwithstanding division (A) of this section and 7,083
division (C) of section 3721.30 of the Revised Code, the 7,084
director, in his THE DIRECTOR'S discretion, may decline to 7,085
approve any competency evaluation programs. The director may 7,087
require all individuals used by long-term care facilities as 7,088
161
nurse aides after June 1, 1990, who have completed a training and 7,089
competency evaluation program approved by the director under 7,090
division (A) of this section or who have met the conditions 7,091
specified in division (F) of section 3721.28 of the Revised Code 7,092
to complete a competency evaluation program conducted by the 7,093
director under division (C) of this section. The director also 7,094
may require all individuals used as nurse aides by long-term care 7,095
facilities after June 1, 1990, who were used by a facility at any 7,096
time during the period commencing July 1, 1989, and ending 7,097
January 1, 1990, to complete a competency evaluation program 7,098
conducted by the director under division (C) of this section 7,099
rather than a competency evaluation program approved by him THE 7,100
DIRECTOR under division (A) of this section. 7,101
(F) The director shall not disclose test materials, 7,103
examinations, or evaluative EVALUATION tools used in any 7,104
competency evaluation program or training and competency 7,106
evaluation program that he THE DIRECTOR conducts or approves 7,107
under this section to any person or government entity, except as 7,108
he determines to be necessary for administration and enforcement 7,110
of this chapter and rules adopted under this chapter. The test 7,111
materials, examinations, and evaluative tools are not public 7,112
records for the purpose of section 149.43 of the Revised Code, 7,113
and are not subject to inspection or copying under THE 7,114
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 7,115
Revised Code.
(G) The director shall impose fees prescribed by rules 7,117
adopted under section 3721.30 of the Revised Code for both of the 7,118
following: 7,119
(1) Making application for approval or reapproval of 7,121
either of the following: 7,122
(a) A competency evaluation program or a training and 7,124
competency evaluation program; 7,125
(b) A training program for instructors or coordinators for 7,127
training and competency evaluation programs, or evaluators for 7,128
162
competency evaluation programs; 7,129
(2) Participation in any competency evaluation program, 7,131
training and competency evaluation program, or other program 7,132
conducted by the director under this section. 7,133
If the director contracts with a national standardized 7,135
testing service pursuant to division (C) of this section for 7,136
administration by the service of a competency evaluation of nurse 7,137
aides, the director may authorize the service to collect and 7,138
retain fees in the amounts prescribed under the rules adopted by 7,139
the director under section 3721.30 of the Revised Code. 7,140
Sec. 3721.33. (A) Except as provided in division (B) of 7,149
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 7,150
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 7,151
3721.31 OF THE REVISED CODE, all fees collected under section 7,152
3721.31 of the Revised Code shall be deposited in the state 7,153
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 7,154
the purposes set forth in sections 3721.28 to 3721.32 of the 7,155
Revised Code and rules adopted thereunder. 7,156
(B) A national standardized testing service that collects 7,158
and retains fees under a contract described in division (G) of 7,159
section 3721.31 of the Revised Code is not required to deposit 7,160
the fees in the state treasury.
Sec. 3734.02. (A) The director of environmental 7,169
protection, in accordance with Chapter 119. of the Revised Code, 7,170
shall adopt and may amend, suspend, or rescind rules having 7,171
uniform application throughout the state governing solid waste 7,172
facilities and the inspections of and issuance of permits and 7,173
licenses for all solid waste facilities in order to ensure that 7,174
the facilities will be located, maintained, and operated, and 7,175
will undergo closure and post-closure care, in a sanitary manner 7,176
so as not to create a nuisance, cause or contribute to water 7,177
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 7,178
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 7,179
163
limitation, financial assurance requirements for closure and 7,180
post-closure care and corrective action and requirements for 7,181
taking corrective action in the event of the surface or 7,182
subsurface discharge or migration of explosive gases or leachate 7,183
from a solid waste facility, or of ground water contamination 7,184
resulting from the transfer or disposal of solid wastes at a 7,185
facility, beyond the boundaries of any area within a facility 7,186
that is operating or is undergoing closure or post-closure care 7,187
where solid wastes were disposed of or are being disposed of. 7,188
The rules shall not concern or relate to personnel policies, 7,189
salaries, wages, fringe benefits, or other conditions of 7,190
employment of employees of persons owning or operating solid 7,191
waste facilities. The director, in accordance with Chapter 119. 7,192
of the Revised Code, shall adopt and may amend, suspend, or 7,193
rescind rules governing the issuance, modification, revocation, 7,194
suspension, or denial of variances from the director's solid 7,195
waste rules, including, without limitation, rules adopted under 7,197
this chapter governing the management of scrap tires. 7,198
Variances shall be issued, modified, revoked, suspended, or 7,200
rescinded in accordance with this division, rules adopted under 7,201
it, and Chapter 3745. of the Revised Code. The director may 7,202
order the person to whom a variance is issued to take such action 7,203
within such time as the director may determine to be appropriate 7,204
and reasonable to prevent the creation of a nuisance or a hazard 7,205
to the public health or safety or the environment. Applications 7,206
for variances shall contain such detail plans, specifications, 7,207
and information regarding objectives, procedures, controls, and 7,208
other pertinent data as the director may require. The director 7,209
shall grant a variance only if the applicant demonstrates to the 7,210
director's satisfaction that construction and operation of the 7,211
solid waste facility in the manner allowed by the variance and 7,212
any terms or conditions imposed as part of the variance will not 7,213
create a nuisance or a hazard to the public health or safety or 7,214
the environment. In granting any variance, the director shall 7,215
164
state the specific provision or provisions whose terms are to be 7,216
varied and also shall state specific terms or conditions imposed 7,217
upon the applicant in place of the provision or provisions. The 7,218
director may hold a public hearing on an application for a 7,219
variance or renewal of a variance at a location in the county 7,220
where the operations that are the subject of the application for 7,221
the variance are conducted. The director shall give not less 7,222
than twenty days' notice of the hearing to the applicant by 7,223
certified mail and shall publish at least one notice of the 7,224
hearing in a newspaper with general circulation in the county 7,225
where the hearing is to be held. The director shall make 7,226
available for public inspection at the principal office of the 7,227
environmental protection agency a current list of pending 7,228
applications for variances and a current schedule of pending 7,229
variance hearings. The director shall make a complete 7,230
stenographic record of testimony and other evidence submitted at 7,231
the hearing. Within ten days after the hearing, the director 7,232
shall make a written determination to issue, renew, or deny the 7,233
variance and shall enter the determination and the basis for it 7,234
into the record of the hearing. The director shall issue, renew, 7,235
or deny an application for a variance or renewal of a variance 7,236
within six months of the date upon which the director receives a 7,237
complete application with all pertinent information and data 7,238
required. No variance shall be issued, revoked, modified, or 7,239
denied until the director has considered the relative interests 7,240
of the applicant, other persons and property affected by the 7,241
variance, and the general public. Any variance granted under 7,242
this division shall be for a period specified by the director and 7,243
may be renewed from time to time on such terms and for such 7,244
periods as the director determines to be appropriate. No 7,245
application shall be denied and no variance shall be revoked or 7,246
modified without a written order stating the findings upon which 7,247
the denial, revocation, or modification is based. A copy of the 7,248
order shall be sent to the applicant or variance holder by 7,249
165
certified mail. 7,250
(B) The director shall prescribe and furnish the forms 7,252
necessary to administer and enforce this chapter. The director 7,253
may cooperate with and enter into agreements with other state, 7,254
local, or federal agencies to carry out the purposes of this 7,255
chapter. The director may exercise all incidental powers 7,256
necessary to carry out the purposes of this chapter. 7,257
The director may use moneys in the infectious waste 7,259
management fund created in section 3734.021 of the Revised Code 7,260
exclusively for administering and enforcing the provisions of 7,261
this chapter governing the management of infectious wastes. Of 7,262
each registration and renewal fee collected under rules adopted 7,263
under division (A)(2)(a) of section 3734.021 or under section 7,264
3734.022 of the Revised Code, the director, within forty-five 7,265
days of its receipt, shall remit from the fund one-half of the 7,266
fee received to the board of health of the health district in 7,267
which the registered premises is located, or, in the instance of 7,268
an infectious wastes transporter, to the board of health of the 7,269
health district in which the transporter's principal place of 7,270
business is located. However, if the board of health having 7,271
jurisdiction over a registrant's premises or principal place of 7,272
business is not on the approved list under section 3734.08 of the 7,273
Revised Code, the director shall not make that payment to the 7,274
board of health. 7,275
(C) Except as provided in this division and division 7,277
DIVISIONS (N)(2) AND (3) of this section, no person shall 7,278
establish a new solid waste facility or infectious waste 7,280
treatment facility, or modify an existing solid waste facility or 7,281
infectious waste treatment facility, without submitting an 7,282
application for a permit with accompanying detail plans, 7,283
specifications, and information regarding the facility and method 7,284
of operation and receiving a permit issued by the director, 7,285
except that no permit shall be required under this division to 7,286
install or operate a solid waste facility for sewage sludge 7,287
166
treatment or disposal when the treatment or disposal is 7,288
authorized by a current permit issued under Chapter 3704. or 7,289
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 7,291
for which the director has denied a permit for which an 7,292
application was required under division (A)(3) of section 3734.05 7,293
of the Revised Code, or for which the director has disapproved 7,294
plans and specifications required to be filed by an order issued 7,295
under division (A)(5) of that section, after the date prescribed 7,296
for commencement of closure of the facility in the order issued 7,297
under division (A)(6) of section 3734.05 of the Revised Code 7,298
denying the permit application or approval. 7,299
On and after the effective date of the rules adopted under 7,301
division (A) of this section and division (D) of section 3734.12 7,302
of the Revised Code governing solid waste transfer facilities, no 7,303
person shall establish a new, or modify an existing, solid waste 7,304
transfer facility without first submitting an application for a 7,305
permit with accompanying engineering detail plans, 7,306
specifications, and information regarding the facility and its 7,307
method of operation to the director and receiving a permit issued 7,308
by the director. 7,309
No person shall establish a new compost facility or 7,311
continue to operate an existing compost facility that accepts 7,312
exclusively source separated yard wastes without submitting a 7,313
completed registration for the facility to the director in 7,314
accordance with rules adopted under division DIVISIONS (A) AND 7,316
(N)(3) of this section.
This division does not apply to an infectious waste 7,318
treatment facility that meets any of the following conditions: 7,319
(1) Is owned or operated by the generator of the wastes 7,321
and exclusively treats, by methods, techniques, and practices 7,322
established by rules adopted under division (C)(1) or (3) of 7,323
section 3734.021 of the Revised Code, wastes that are generated 7,324
at any premises owned or operated by that generator regardless of 7,325
167
whether the wastes are generated on the premises where the 7,326
generator's treatment facility is located or, if the generator is 7,327
a hospital as defined in section 3727.01 of the Revised Code, 7,328
infectious wastes that are described in division (A)(1)(g), (h), 7,329
or (i) of section 3734.021 of the Revised Code; 7,330
(2) Holds a license or renewal of a license to operate a 7,332
crematory facility issued under Chapter 4717. and a permit issued 7,334
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 7,336
or the blood of animals, and is subject to any of the following: 7,337
(a) Inspection under the "Federal Meat Inspection Act," 81 7,339
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 7,340
(b) Chapter 918. of the Revised Code; 7,342
(c) Chapter 953. of the Revised Code. 7,344
(D) Neither this chapter nor any rules adopted under it 7,346
apply to single-family residential premises; to infectious wastes 7,347
generated by individuals for purposes of their own care or 7,348
treatment that are disposed of with solid wastes from the 7,349
individual's residence; to the temporary storage of solid wastes, 7,350
other than scrap tires, prior to their collection for disposal; 7,351
to the storage of one hundred or fewer scrap tires unless they 7,352
are stored in such a manner that, in the judgment of the director 7,353
or the board of health of the health district in which the scrap 7,354
tires are stored, the storage causes a nuisance, a hazard to 7,355
public health or safety, or a fire hazard; or to the collection 7,356
of solid wastes, other than scrap tires, by a political 7,357
subdivision or a person holding a franchise or license from a 7,358
political subdivision of the state; to composting, as defined in 7,359
section 1511.01 of the Revised Code, conducted in accordance with 7,360
section 1511.022 of the Revised Code; or to any person who is 7,361
licensed to transport raw rendering material to a compost 7,362
facility pursuant to section 953.23 of the Revised Code. 7,363
(E)(1) As used in this division and section 3734.18 of the 7,365
Revised Code: 7,366
168
(a) "On-site facility" means a facility that stores, 7,368
treats, or disposes of hazardous waste that is generated on the 7,369
premises of the facility. 7,370
(b) "Off-site facility" means a facility that stores, 7,372
treats, or disposes of hazardous waste that is generated off the 7,373
premises of the facility and includes such a facility that is 7,374
also an on-site facility. 7,375
(c) "Satellite facility" means any of the following: 7,377
(i) An on-site facility that also receives hazardous waste 7,379
from other premises owned by the same person who generates the 7,380
waste on the facility premises; 7,381
(ii) An off-site facility operated so that all of the 7,383
hazardous waste it receives is generated on one or more premises 7,384
owned by the person who owns the facility; 7,385
(iii) An on-site facility that also receives hazardous 7,387
waste that is transported uninterruptedly and directly to the 7,388
facility through a pipeline from a generator who is not the owner 7,389
of the facility. 7,390
(2) Except as provided in division (E)(3) of this section, 7,393
no person shall establish or operate a hazardous waste facility, 7,394
or use a solid waste facility for the storage, treatment, or 7,395
disposal of any hazardous waste, without a hazardous waste 7,396
facility installation and operation permit from the hazardous 7,397
waste facility board issued in accordance with section 3734.05 of 7,398
the Revised Code and subject to the payment of an application fee 7,399
not to exceed one thousand five hundred dollars, payable upon 7,400
application for a hazardous waste facility installation and 7,401
operation permit and upon application for a renewal permit issued 7,402
under division (H) of section 3734.05 of the Revised Code, to be 7,403
credited to the hazardous waste facility management fund created 7,404
in section 3734.18 of the Revised Code. The term of a hazardous 7,405
waste facility installation and operation permit shall not exceed 7,406
five years.
In addition to the application fee, there is hereby levied 7,408
169
an annual permit fee to be paid by the permit holder upon the 7,409
anniversaries of the date of issuance of the hazardous waste 7,410
facility installation and operation permit and of any subsequent 7,411
renewal permits and to be credited to the hazardous waste 7,412
facility management fund. Annual permit fees totaling forty 7,413
thousand dollars or more for any one facility may be paid on a 7,414
quarterly basis with the first quarterly payment each year being 7,415
due on the anniversary of the date of issuance of the hazardous 7,416
waste facility installation and operation permit and of any 7,417
subsequent renewal permits. The annual permit fee shall be 7,418
determined for each permit holder by the director in accordance 7,419
with the following schedule: 7,420
TYPE OF BASIC 7,422
MANAGEMENT UNIT TYPE OF FACILITY FEE 7,424
Storage facility using: 7,425
Containers On-site, off-site, and 7,426
satellite $ 500 7,427
Tanks On-site, off-site, and 7,428
satellite 500 7,429
Waste pile On-site, off-site, and 7,430
satellite 3,000 7,431
Surface impoundment On-site and satellite 8,000 7,432
Off-site 10,000 7,433
Disposal facility using: 7,434
Deep well injection On-site and satellite 15,000 7,435
Off-site 25,000 7,436
Landfill On-site and satellite 25,000 7,437
Off-site 40,000 7,438
Land application On-site and satellite 2,500 7,439
Off-site 5,000 7,440
Surface impoundment On-site and satellite 10,000 7,441
Off-site 20,000 7,442
Treatment facility using: 7,443
Tanks On-site, off-site, and 7,444
170
satellite 700 7,445
Surface impoundment On-site and satellite 8,000 7,446
Off-site 10,000 7,447
Incinerator On-site and satellite 5,000 7,448
Off-site 7,449
Other forms 7,450
of treatment On-site, off-site, and 7,451
satellite 1,000 7,452
In determining the annual permit fee required by this 7,455
section, the director shall not require additional payments for 7,456
multiple units of the same method of storage, treatment, or 7,457
disposal or for individual units that are used for both storage 7,458
and treatment. A facility using more than one method of storage, 7,459
treatment, or disposal shall pay the permit fee indicated by the 7,460
schedule for each such method. 7,461
The director shall not require the payment of that portion 7,463
of an annual permit fee of any permit holder that would apply to 7,464
a hazardous waste management unit for which a permit has been 7,465
issued, but for which construction has not yet commenced. Once 7,466
construction has commenced, the director shall require the 7,467
payment of a part of the appropriate fee indicated by the 7,468
schedule that bears the same relationship to the total fee that 7,469
the number of days remaining until the next anniversary date at 7,470
which payment of the annual permit fee is due bears to three 7,471
hundred sixty-five. 7,472
The director, by rules adopted in accordance with Chapters 7,474
119. and 3745. of the Revised Code, shall prescribe procedures 7,475
for collecting the annual permit fee established by this division 7,476
and may prescribe other requirements necessary to carry out this 7,477
division. 7,478
(3) The prohibition against establishing or operating a 7,480
hazardous waste facility without a hazardous waste facility 7,482
installation and operation permit from the board does not apply 7,484
to either of the following:
171
(a) A facility that is operating in accordance with a 7,486
permit renewal issued under division (H) of section 3734.05 of 7,488
the Revised Code, a revision issued under division (I) of that 7,490
section as it existed prior to August 20, 1996, or a modification 7,492
issued by the director under division (I) of that section on and 7,493
after August 20, 1996; 7,494
(b) Except as provided in division (J) of section 3734.05 7,497
of the Revised Code, a facility that will operate or is operating
in accordance with a permit by rule, or that is not subject to 7,499
permit requirements, under rules adopted by the director. In 7,500
accordance with Chapter 119. of the Revised Code, the director 7,503
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 7,505
Any rules so adopted shall be consistent with and equivalent to 7,506
regulations pertaining to interim status adopted under the 7,507
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 7,509
42 U.S.C.A. 6921, as amended, except as otherwise provided in 7,511
this chapter.
If a modification is requested or proposed for a facility 7,513
described in division (E)(3)(a) or (b) of this section, division 7,515
(I)(8) of section 3734.05 of the Revised Code applies. 7,516
(F) No person shall store, treat, or dispose of hazardous 7,518
waste identified or listed under this chapter and rules adopted 7,519
under it, regardless of whether generated on or off the premises 7,520
where the waste is stored, treated, or disposed of, or transport 7,521
or cause to be transported any hazardous waste identified or 7,522
listed under this chapter and rules adopted under it to any other 7,523
premises, except at or to any of the following: 7,524
(1) A hazardous waste facility operating under a permit 7,526
issued in accordance with this chapter; 7,527
(2) A facility in another state operating under a license 7,529
or permit issued in accordance with the "Resource Conservation 7,530
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 7,531
amended; 7,532
172
(3) A facility in another nation operating in accordance 7,534
with the laws of that nation; 7,535
(4) A facility holding a permit issued pursuant to Title I 7,537
of the "Marine Protection, Research, and Sanctuaries Act of 7,538
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 7,539
(5) A hazardous waste facility as described in division 7,541
(E)(3)(a) or (b) of this section. 7,542
(G) The director, by order, may exempt any person 7,544
generating, collecting, storing, treating, disposing of, or 7,545
transporting solid wastes or hazardous waste, or processing solid 7,546
wastes that consist of scrap tires, in such quantities or under 7,547
such circumstances that, in the determination of the director, 7,548
are unlikely to adversely affect the public health or safety or 7,549
the environment from any requirement to obtain a registration 7,550
certificate, permit, or license or comply with the manifest 7,551
system or other requirements of this chapter. Such an exemption 7,552
shall be consistent with and equivalent to any regulations 7,553
adopted by the administrator of the United States environmental 7,554
protection agency under the "Resource Conservation and Recovery 7,555
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 7,556
as otherwise provided in this chapter. 7,557
(H) No person shall engage in filling, grading, 7,559
excavating, building, drilling, or mining on land where a 7,560
hazardous waste facility, or a solid waste facility, was operated 7,561
without prior authorization from the director, who shall 7,562
establish the procedure for granting such authorization by rules 7,563
adopted in accordance with Chapter 119. of the Revised Code. 7,564
A public utility that has main or distribution lines above 7,566
or below the land surface located on an easement or right-of-way 7,567
across land where a solid waste facility was operated may engage 7,568
in any such activity within the easement or right-of-way without 7,569
prior authorization from the director for purposes of performing 7,570
emergency repair or emergency replacement of its lines; of the 7,571
poles, towers, foundations, or other structures supporting or 7,572
173
sustaining any such lines; or of the appurtenances to those 7,573
structures, necessary to restore or maintain existing public 7,574
utility service. A public utility may enter upon any such 7,575
easement or right-of-way without prior authorization from the 7,576
director for purposes of performing necessary or routine 7,577
maintenance of those portions of its existing lines; of the 7,578
existing poles, towers, foundations, or other structures 7,579
sustaining or supporting its lines; or of the appurtenances to 7,580
any such supporting or sustaining structure, located on or above 7,581
the land surface on any such easement or right-of-way. Within 7,582
twenty-four hours after commencing any such emergency repair, 7,583
replacement, or maintenance work, the public utility shall notify 7,585
the director or the director's authorized representative of those 7,586
activities and shall provide such information regarding those 7,587
activities as the director or the director's representative may 7,589
request. Upon completion of the emergency repair, replacement, 7,590
or maintenance activities, the public utility shall restore any 7,591
land of the solid waste facility disturbed by those activities to 7,592
the condition existing prior to the commencement of those 7,593
activities. 7,594
(I) No owner or operator of a hazardous waste facility, in 7,596
the operation of the facility, shall cause, permit, or allow the 7,597
emission therefrom of any particulate matter, dust, fumes, gas, 7,598
mist, smoke, vapor, or odorous substance that, in the opinion of 7,599
the director, unreasonably interferes with the comfortable 7,600
enjoyment of life or property by persons living or working in the 7,601
vicinity of the facility, or that is injurious to public health. 7,602
Any such action is hereby declared to be a public nuisance. 7,603
(J) Notwithstanding any other provision of this chapter, 7,605
in the event the director finds an imminent and substantial 7,606
danger to public health or safety or the environment that creates 7,607
an emergency situation requiring the immediate treatment, 7,608
storage, or disposal of hazardous waste, the director may issue a 7,609
temporary emergency permit to allow the treatment, storage, or 7,610
174
disposal of the hazardous waste at a facility that is not 7,611
otherwise authorized by a hazardous waste facility installation 7,612
and operation permit to treat, store, or dispose of the waste. 7,613
The emergency permit shall not exceed ninety days in duration and 7,614
shall not be renewed. The director shall adopt, and may amend, 7,615
suspend, or rescind, rules in accordance with Chapter 119. of the 7,616
Revised Code governing the issuance, modification, revocation, 7,617
and denial of emergency permits. 7,618
(K) No owner or operator of a sanitary landfill shall 7,620
knowingly accept for disposal, or dispose of, any infectious 7,621
wastes, other than those subject to division (A)(1)(c) of section 7,622
3734.021 of the Revised Code, that have not been treated to 7,623
render them noninfectious. For the purposes of this division, 7,624
certification by the owner or operator of the treatment facility 7,625
where the wastes were treated on the shipping paper required by 7,626
rules adopted under division (D)(2) of that section creates a 7,627
rebuttable presumption that the wastes have been so treated. 7,628
(L) The director, in accordance with Chapter 119. of the 7,630
Revised Code, shall adopt, and may amend, suspend, or rescind, 7,631
rules having uniform application throughout the state 7,632
establishing a training and certification program that shall be 7,633
required for employees of boards of health who are responsible 7,634
for enforcing the solid waste and infectious waste provisions of 7,635
this chapter and rules adopted under them and for persons who are 7,636
responsible for the operation of solid waste facilities or 7,637
infectious waste treatment facilities. The rules shall provide 7,638
all of the following, without limitation: 7,639
(1) The program shall be administered by the director and 7,641
shall consist of a course on new solid waste and infectious waste 7,642
technologies, enforcement procedures, and rules; 7,643
(2) The course shall be offered on an annual basis; 7,645
(3) Those persons who are required to take the course 7,647
under division (L) of this section shall do so triennially; 7,648
(4) Persons who successfully complete the course shall be 7,650
175
certified by the director; 7,651
(5) Certification shall be required for all employees of 7,653
boards of health who are responsible for enforcing the solid 7,654
waste or infectious waste provisions of this chapter and rules 7,655
adopted under them and for all persons who are responsible for 7,656
the operation of solid waste facilities or infectious waste 7,657
treatment facilities; 7,658
(6)(a) All employees of a board of health who, on the 7,660
effective date of the rules adopted under this division, are 7,661
responsible for enforcing the solid waste or infectious waste 7,662
provisions of this chapter and the rules adopted under them shall 7,663
complete the course and be certified by the director not later 7,664
than January 1, 1995; 7,665
(b) All employees of a board of health who, after the 7,667
effective date of the rules adopted under division (L) of this 7,669
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 7,671
under them and who do not hold a current and valid certification 7,672
from the director at that time shall complete the course and be 7,673
certified by the director within two years after becoming 7,674
responsible for performing those activities. 7,675
No person shall fail to obtain the certification required 7,677
under this division. 7,678
(M) The director shall not issue a permit under section 7,680
3734.05 of the Revised Code to establish a solid waste facility, 7,681
or to modify a solid waste facility operating on December 21, 7,682
1988, in a manner that expands the disposal capacity or 7,683
geographic area covered by the facility, that is or is to be 7,684
located within the boundaries of a state park established or 7,685
dedicated under Chapter 1541. of the Revised Code, a state park 7,686
purchase area established under section 1541.02 of the Revised 7,687
Code, any unit of the national park system, or any property that 7,688
lies within the boundaries of a national park or recreation area, 7,689
but that has not been acquired or is not administered by the 7,690
176
secretary of the United States department of the interior, 7,691
located in this state, or any candidate area located in this 7,692
state and identified for potential inclusion in the national park 7,693
system in the edition of the "national park system plan" 7,694
submitted under paragraph (b) of section 8 of "The Act of August 7,695
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 7,696
the time of filing of the application for the permit, unless the 7,697
facility or proposed facility is or is to be used exclusively for 7,698
the disposal of solid wastes generated within the park or 7,699
recreation area and the director determines that the facility or 7,700
proposed facility will not degrade any of the natural or cultural 7,701
resources of the park or recreation area. The director shall not 7,702
issue a variance under division (A) of this section and rules 7,703
adopted under it, or issue an exemption order under division (G) 7,704
of this section, that would authorize any such establishment or 7,705
expansion of a solid waste facility within the boundaries of any 7,706
such park or recreation area, state park purchase area, or 7,707
candidate area, other than a solid waste facility exclusively for 7,708
the disposal of solid wastes generated within the park or 7,709
recreation area when the director determines that the facility 7,710
will not degrade any of the natural or cultural resources of the 7,711
park or recreation area. 7,712
(N)(1) The rules adopted under division (A) of this 7,714
section, other than those governing variances, do not apply to 7,715
scrap tire collection, storage, monocell, monofill, and recovery 7,716
facilities. Those facilities are subject to and governed by 7,717
rules adopted under sections 3734.70 to 3734.73 of the Revised 7,718
Code, as applicable. 7,719
(2) Division (C) of this section does not apply to scrap 7,721
tire collection, storage, monocell, monofill, and recovery 7,722
facilities. The establishment and modification of those 7,723
facilities are subject to sections 3734.75 to 3734.78 and section 7,724
3734.81 of the Revised Code, as applicable. 7,725
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 7,727
177
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 7,729
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 7,730
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 7,731
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 7,732
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 7,733
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 7,734
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 7,736
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 7,737
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 7,739
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 7,740
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 7,741
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 7,742
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 7,743
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 7,745
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 7,746
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 7,755
(A)(4), (8), and (9) of this section, no person shall operate or 7,757
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 7,758
which the facility is located or by the director of environmental 7,759
protection when the health district in which the facility is 7,760
located is not on the approved list under section 3734.08 of the 7,761
Revised Code. 7,762
During the month of December, but before the first day of 7,764
January of the next year, every person proposing to continue to 7,765
operate an existing solid waste facility shall procure a license 7,766
under this division to operate the facility for that year from 7,767
the board of health of the health district in which the facility 7,768
is located or, if the health district is not on the approved list 7,769
under section 3734.08 of the Revised Code, from the director. 7,770
The application for such a license shall be submitted to the 7,771
board of health or to the director, as appropriate, on or before 7,772
the last day of September of the year preceding that for which 7,773
178
the license is sought. In addition to the application fee 7,774
prescribed in division (A)(2) of this section, a person who 7,775
submits an application after that date shall pay an additional 7,776
ten per cent of the amount of the application fee for each week 7,777
that the application is late. Late payment fees accompanying an 7,778
application submitted to the board of health shall be credited to 7,779
the special fund of the health district created in division (B) 7,780
of section 3734.06 of the Revised Code, and late payment fees 7,781
accompanying an application submitted to the director shall be 7,782
credited to the general revenue fund. A person who has received 7,783
a license, upon sale or disposition of a solid waste facility, 7,784
and upon consent of the board of health and the director, may 7,785
have the license transferred to another person. The board of 7,786
health or the director may include such terms and conditions in a 7,787
license or revision to a license as are appropriate to ensure 7,788
compliance with this chapter and rules adopted under it. The 7,789
terms and conditions may establish the authorized maximum daily 7,790
waste receipts for the facility. Limitations on maximum daily 7,791
waste receipts shall be specified in cubic yards of volume for 7,792
the purpose of regulating the design, construction, and operation 7,793
of solid waste facilities. Terms and conditions included in a 7,794
license or revision to a license by a board of health shall be 7,795
consistent with, and pertain only to the subjects addressed in, 7,796
the rules adopted under division (A) of section 3734.02 and 7,797
division (D) of section 3734.12 of the Revised Code. 7,798
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 7,800
(9) of this section, each person proposing to open a new solid 7,802
waste facility or to modify an existing solid waste facility 7,803
shall submit an application for a permit with accompanying detail 7,804
plans and specifications to the environmental protection agency 7,805
for required approval under the rules adopted by the director 7,806
pursuant to division (A) of section 3734.02 of the Revised Code 7,807
and applicable rules adopted under division (D) of section 7,808
3734.12 of the Revised Code at least two hundred seventy days 7,809
179
before proposed operation of the facility and shall concurrently 7,810
make application for the issuance of a license under division 7,811
(A)(1) of this section with the board of health of the health 7,812
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 7,814
under division (A) of section 3734.02 of the Revised Code and 7,815
division (D) of section 3734.12 of the Revised Code governing 7,816
solid waste transfer facilities, each person proposing to open a 7,817
new solid waste transfer facility or to modify an existing solid 7,818
waste transfer facility shall submit an application for a permit 7,819
with accompanying engineering detail plans, specifications, and 7,820
information regarding the facility and its method of operation to 7,821
the environmental protection agency for required approval under 7,822
those rules at least two hundred seventy days before commencing 7,823
proposed operation of the facility and concurrently shall make 7,824
application for the issuance of a license under division (A)(1) 7,825
of this section with the board of health of the health district 7,826
in which the facility is located or proposed. 7,827
(c) Each application for a permit under division (A)(2)(a) 7,829
or (b) of this section shall be accompanied by a nonrefundable 7,830
application fee of four hundred dollars that shall be credited to 7,831
the general revenue fund. Each application for an annual license 7,832
under division (A)(1) or (2) of this section shall be accompanied 7,833
by a nonrefundable application fee of one hundred dollars. If 7,834
the application for an annual license is submitted to a board of 7,835
health on the approved list under section 3734.08 of the Revised 7,836
Code, the application fee shall be credited to the special fund 7,837
of the health district created in division (B) of section 3734.06 7,838
of the Revised Code. If the application for an annual license is 7,839
submitted to the director, the application fee shall be credited 7,840
to the general revenue fund. If a permit or license is issued, 7,841
the amount of the application fee paid shall be deducted from the 7,842
amount of the permit fee due under division (Q) of section 7,844
3745.11 of the Revised Code or the amount of the license fee due 7,845
180
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 7,846
Revised Code. 7,847
(d) As used in divisions (A)(2)(d), (e), and (f) of this 7,849
section, "modify" means any of the following: 7,850
(i) Any increase of more than ten per cent in the total 7,852
capacity of a solid waste facility; 7,853
(ii) Any expansion of the limits of solid waste placement 7,855
at a solid waste facility; 7,856
(iii) Any increase in the depth of excavation at a solid 7,858
waste facility; 7,859
(iv) Any change in the technique of waste receipt or type 7,861
of waste received at a solid waste facility that may endanger 7,862
human health, as determined by the director by rules adopted in 7,863
accordance with Chapter 119. of the Revised Code. 7,864
Not later than thirty-five days after submitting an 7,866
application under division (A)(2)(a) or (b) of this section for a 7,867
permit to open a new or modify an existing solid waste facility, 7,868
the applicant, in conjunction with an officer or employee of the 7,869
environmental protection agency, shall hold a public meeting on 7,870
the application within the county in which the new or modified 7,871
solid waste facility is or is proposed to be located or within a 7,872
contiguous county. Not less than thirty days before holding the 7,873
public meeting on the application, the applicant shall publish 7,874
notice of the meeting in each newspaper of general circulation 7,875
that is published in the county in which the facility is or is 7,876
proposed to be located. If no newspaper of general circulation 7,877
is published in the county, the applicant shall publish the 7,878
notice in a newspaper of general circulation in the county. The 7,879
notice shall contain the date, time, and location of the public 7,880
meeting and a general description of the proposed new or modified 7,881
facility. Not later than five days after publishing the notice, 7,882
the applicant shall send by certified mail a copy of the notice 7,883
and the date the notice was published to the director and the 7,884
legislative authority of each municipal corporation, township, 7,885
181
and county, and to the chief executive officer of each municipal 7,886
corporation, in which the facility is or is proposed to be 7,887
located. At the public meeting, the applicant shall provide 7,888
information and describe the application and respond to comments 7,889
or questions concerning the application, and the officer or 7,890
employee of the agency shall describe the permit application 7,891
process. At the public meeting, any person may submit written or 7,892
oral comments on or objections to the application. Not more than 7,893
thirty days after the public meeting, the applicant shall provide 7,894
the director with a copy of a transcript of the full meeting, 7,895
copies of any exhibits, displays, or other materials presented by 7,896
the applicant at the meeting, and the original copy of any 7,897
written comments submitted at the meeting. 7,898
(e) Except as provided in division (A)(2)(f) of this 7,900
section, prior to taking an action, other than a proposed or 7,901
final denial, upon an application submitted under division 7,902
(A)(2)(a) of this section for a permit to open a new or modify an 7,903
existing solid waste facility, the director shall hold a public 7,904
information session and a public hearing on the application 7,905
within the county in which the new or modified solid waste 7,906
facility is or is proposed to be located or within a contiguous 7,907
county. If the application is for a permit to open a new solid 7,908
waste facility, the director shall hold the hearing not less than 7,909
fourteen days after the information session. If the application 7,910
is for a permit to modify an existing solid waste facility, the 7,911
director may hold both the information session and the hearing on 7,912
the same day unless any individual affected by the application 7,913
requests in writing that the information session and the hearing 7,914
not be held on the same day, in which case the director shall 7,915
hold the hearing not less than fourteen days after the 7,916
information session. The director shall publish notice of the 7,917
public information session or public hearing not less than thirty 7,918
days before holding the information session or hearing, as 7,919
applicable. The notice shall be published in each newspaper of 7,920
182
general circulation that is published in the county in which the 7,921
facility is or is proposed to be located. If no newspaper of 7,922
general circulation is published in the county, the director 7,923
shall publish the notice in a newspaper of general circulation in 7,924
the county. The notice shall contain the date, time, and 7,925
location of the information session or hearing, as applicable, 7,926
and a general description of the proposed new or modified 7,927
facility. At the public information session, an officer or 7,928
employee of the environmental protection agency shall describe 7,929
the status of the permit application and be available to respond 7,930
to comments or questions concerning the application. At the 7,931
public hearing, any person may submit written or oral comments on 7,932
or objections to the approval of the application. The applicant, 7,933
or a representative of the applicant who has knowledge of the 7,934
location, construction, and operation of the facility, shall 7,935
attend the information session and public hearing to respond to 7,936
comments or questions concerning the facility directed to the 7,937
applicant or representative by the officer or employee of the 7,939
environmental protection agency presiding at the information 7,940
session and hearing.
(f) The solid waste management policy committee of a 7,942
county or joint solid waste management district may adopt a 7,943
resolution requesting expeditious consideration of a specific 7,944
application submitted under division (A)(2)(a) of this section 7,945
for a permit to modify an existing solid waste facility within 7,946
the district. The resolution shall make the finding that 7,947
expedited consideration of the application without the public 7,948
information session and public hearing under division (A)(2)(e) 7,949
of this section is in the public interest and will not endanger 7,950
human health, as determined by the director by rules adopted in 7,951
accordance with Chapter 119. of the Revised Code. Upon receiving 7,952
such a resolution, the director, at the director's discretion, 7,954
may issue a final action upon the application without holding a 7,955
public information session or public hearing pursuant to division 7,956
183
(A)(2)(e) of this section. 7,957
(3) Except as provided in division (A)(10) of this 7,959
section, and unless the owner or operator of any solid waste 7,960
facility, other than a solid waste transfer facility or a compost 7,961
facility that accepts exclusively source separated yard wastes, 7,962
that commenced operation on or before July 1, 1968, has obtained 7,963
an exemption from the requirements of division (A)(3) of this 7,964
section in accordance with division (G) of section 3734.02 of the 7,965
Revised Code, the owner or operator shall submit to the director 7,967
an application for a permit with accompanying engineering detail 7,968
plans, specifications, and information regarding the facility and 7,969
its method of operation for approval under rules adopted under 7,970
division (A) of section 3734.02 of the Revised Code and 7,971
applicable rules adopted under division (D) of section 3734.12 of 7,972
the Revised Code in accordance with the following schedule: 7,973
(a) Not later than September 24, 1988, if the facility is 7,975
located in the city of Garfield Heights or Parma in Cuyahoga 7,976
county; 7,977
(b) Not later than December 24, 1988, if the facility is 7,979
located in Delaware, Greene, Guernsey, Hamilton, Madison, 7,980
Mahoning, Ottawa, or Vinton county; 7,981
(c) Not later than March 24, 1989, if the facility is 7,983
located in Champaign, Clinton, Columbiana, Huron, Paulding, 7,984
Stark, or Washington county, or is located in the city of 7,985
Brooklyn or Cuyahoga Heights in Cuyahoga county; 7,986
(d) Not later than June 24, 1989, if the facility is 7,988
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 7,989
Lucas, or Summit county or is located in Cuyahoga county outside 7,990
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 7,991
Heights; 7,992
(e) Not later than September 24, 1989, if the facility is 7,994
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 7,995
county; 7,996
(f) Not later than December 24, 1989, if the facility is 7,998
184
located in a county not listed in divisions (A)(3)(a) to (e) of 7,999
this section; 8,000
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 8,002
section, not later than December 31, 1990, if the facility is a 8,003
solid waste facility owned by a generator of solid wastes when 8,004
the solid waste facility exclusively disposes of solid wastes 8,005
generated at one or more premises owned by the generator 8,006
regardless of whether the facility is located on a premises where 8,007
the wastes are generated and if the facility disposes of more 8,008
than one hundred thousand tons of solid wastes per year, provided 8,009
that any such facility shall be subject to division (A)(5) of 8,010
this section. 8,011
(4) Except as provided in divisions (A)(8), (9), and (10) 8,013
of this section, unless the owner or operator of any solid waste 8,015
facility for which a permit was issued after July 1, 1968, but 8,016
before January 1, 1980, has obtained an exemption from the 8,017
requirements of division (A)(4) of this section under division 8,018
(G) of section 3734.02 of the Revised Code, the owner or operator 8,020
shall submit to the director an application for a permit with 8,021
accompanying engineering detail plans, specifications, and 8,022
information regarding the facility and its method of operation 8,023
for approval under those rules. 8,024
(5) The director may issue an order in accordance with 8,026
Chapter 3745. of the Revised Code to the owner or operator of a 8,027
solid waste facility requiring the person to submit to the 8,028
director updated engineering detail plans, specifications, and 8,029
information regarding the facility and its method of operation 8,030
for approval under rules adopted under division (A) of section 8,031
3734.02 of the Revised Code and applicable rules adopted under 8,032
division (D) of section 3734.12 of the Revised Code if, in the 8,033
director's judgment, conditions at the facility constitute a 8,034
substantial threat to public health or safety or are causing or 8,035
contributing to or threatening to cause or contribute to air or 8,036
water pollution or soil contamination. Any person who receives 8,037
185
such an order shall submit the updated engineering detail plans, 8,038
specifications, and information to the director within one 8,039
hundred eighty days after the effective date of the order. 8,040
(6) The director shall act upon an application submitted 8,042
under division (A)(3) or (4) of this section and any updated 8,043
engineering plans, specifications, and information submitted 8,044
under division (A)(5) of this section within one hundred eighty 8,045
days after receiving them. If the director denies any such 8,046
permit application, the order denying the application or 8,048
disapproving the plans shall include the requirements that the 8,049
owner or operator submit a plan for closure and post-closure care 8,050
of the facility to the director for approval within six months 8,051
after issuance of the order, cease accepting solid wastes for 8,052
disposal or transfer at the facility, and commence closure of the 8,053
facility not later than one year after issuance of the order. If 8,054
the director determines that closure of the facility within that 8,055
one-year period would result in the unavailability of sufficient 8,056
solid waste management facility capacity within the county or 8,057
joint solid waste management district in which the facility is 8,058
located to dispose of or transfer the solid waste generated 8,059
within the district, the director in the order of denial or 8,061
disapproval may postpone commencement of closure of the facility 8,062
for such period of time as the director finds necessary for the 8,063
board of county commissioners or directors of the district to 8,065
secure access to or for there to be constructed within the 8,066
district sufficient solid waste management facility capacity to 8,067
meet the needs of the district, provided that the director shall 8,068
certify in the director's order that postponing the date for 8,069
commencement of closure will not endanger ground water or any 8,070
property surrounding the facility, allow methane gas migration to 8,071
occur, or cause or contribute to any other type of environmental 8,072
damage.
If an emergency need for disposal capacity that may affect 8,074
public health and safety exists as a result of closure of a 8,075
186
facility under division (A)(6) of this section, the director may 8,076
issue an order designating another solid waste facility to accept 8,077
the wastes that would have been disposed of at the facility to be 8,078
closed. 8,079
(7) If the director determines that standards more 8,081
stringent than those applicable in rules adopted under division 8,082
(A) of section 3734.02 of the Revised Code and division (D) of 8,083
section 3734.12 of the Revised Code, or standards pertaining to 8,084
subjects not specifically addressed by those rules, are necessary 8,085
to ensure that a solid waste facility constructed at the proposed 8,086
location will not cause a nuisance, cause or contribute to water 8,087
pollution, or endanger public health or safety, the director may 8,089
issue a permit for the facility with such terms and conditions as 8,090
the director finds necessary to protect public health and safety 8,091
and the environment. If a permit is issued, the director shall 8,093
state in the order issuing it the specific findings supporting 8,094
each such term or condition. 8,095
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 8,097
do not apply to a solid waste compost facility that accepts 8,098
exclusively source separated yard wastes and that is registered 8,099
under division (C) of section 3734.02 of the Revised Code OR, 8,101
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 8,102
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 8,103
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 8,104
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 8,105
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 8,106
DIVISION. 8,107
(9) Divisions (A)(1) to (7) of this section do not apply 8,109
to scrap tire collection, storage, monocell, monofill, and 8,110
recovery facilities. The approval of plans and specifications, 8,111
as applicable, and the issuance of registration certificates, 8,112
permits, and licenses for those facilities are subject to 8,113
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 8,114
and section 3734.81 of the Revised Code. 8,115
187
(10) Divisions (A)(3) and (4) of this section do not apply 8,117
to a solid waste incinerator that was placed into operation on or 8,119
before October 12, 1994, and that is not authorized to accept and 8,120
treat infectious wastes pursuant to division (B) of this section. 8,122
(B)(1) Each person who is engaged in the business of 8,124
treating infectious wastes for profit at a treatment facility 8,125
located off the premises where the wastes are generated that is 8,126
in operation on August 10, 1988, and who proposes to continue 8,127
operating the facility shall submit to the board of health of the 8,128
health district in which the facility is located an application 8,129
for a license to operate the facility. 8,130
Thereafter, no person shall operate or maintain an 8,132
infectious waste treatment facility without a license issued by 8,133
the board of health of the health district in which the facility 8,134
is located or by the director when the health district in which 8,136
the facility is located is not on the approved list under section 8,137
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 8,139
day of January of the next year, every person proposing to 8,140
continue to operate an existing infectious waste treatment 8,141
facility shall procure a license to operate the facility for that 8,142
year from the board of health of the health district in which the 8,143
facility is located or, if the health district is not on the 8,144
approved list under section 3734.08 of the Revised Code, from the 8,145
director. The application for such a license shall be submitted 8,146
to the board of health or to the director, as appropriate, on or 8,147
before the last day of September of the year preceding that for 8,148
which the license is sought. In addition to the application fee 8,149
prescribed in division (B)(2)(c) of this section, a person who 8,150
submits an application after that date shall pay an additional 8,151
ten per cent of the amount of the application fee for each week 8,152
that the application is late. Late payment fees accompanying an 8,153
application submitted to the board of health shall be credited to 8,154
the special infectious waste fund of the health district created 8,155
188
in division (C) of section 3734.06 of the Revised Code, and late 8,156
payment fees accompanying an application submitted to the 8,157
director shall be credited to the general revenue fund. A person 8,158
who has received a license, upon sale or disposition of an 8,159
infectious waste treatment facility and upon consent of the board 8,160
of health and the director, may have the license transferred to 8,161
another person. The board of health or the director may include 8,162
such terms and conditions in a license or revision to a license 8,163
as are appropriate to ensure compliance with the infectious waste 8,164
provisions of this chapter and rules adopted under them. 8,165
(b) Each person proposing to open a new infectious waste 8,167
treatment facility or to modify an existing infectious waste 8,168
treatment facility shall submit an application for a permit with 8,169
accompanying detail plans and specifications to the environmental 8,170
protection agency for required approval under the rules adopted 8,171
by the director pursuant to section 3734.021 of the Revised Code 8,172
two hundred seventy days before proposed operation of the 8,173
facility and concurrently shall make application for a license 8,174
with the board of health of the health district in which the 8,175
facility is or is proposed to be located. Not later than ninety 8,176
days after receiving a completed application under division 8,177
(B)(2)(b) of this section for a permit to open a new infectious 8,178
waste treatment facility or modify an existing infectious waste 8,179
treatment facility to expand its treatment capacity, or receiving 8,180
a completed application under division (A)(2)(a) of this section 8,181
for a permit to open a new solid waste incineration facility, or 8,182
modify an existing solid waste incineration facility to also 8,183
treat infectious wastes or to increase its infectious waste 8,184
treatment capacity, that pertains to a facility for which a 8,185
notation authorizing infectious waste treatment is included or 8,186
proposed to be included in the solid waste incineration 8,187
facility's license pursuant to division (B)(3) of this section, 8,188
the director shall hold a public hearing on the application 8,189
within the county in which the new or modified infectious waste 8,190
189
or solid waste facility is or is proposed to be located or within 8,191
a contiguous county. Not less than thirty days before holding 8,192
the public hearing on the application, the director shall publish 8,193
notice of the hearing in each newspaper that has general 8,194
circulation and that is published in the county in which the 8,195
facility is or is proposed to be located. If there is no 8,196
newspaper that has general circulation and that is published in 8,197
the county, the director shall publish the notice in a newspaper 8,198
of general circulation in the county. The notice shall contain 8,199
the date, time, and location of the public hearing and a general 8,200
description of the proposed new or modified facility. At the 8,201
public hearing, any person may submit written or oral comments on 8,202
or objections to the approval or disapproval of the application. 8,203
The applicant, or a representative of the applicant who has 8,204
knowledge of the location, construction, and operation of the 8,205
facility, shall attend the public hearing to respond to comments 8,206
or questions concerning the facility directed to the applicant or 8,208
representative by the officer or employee of the environmental 8,209
protection agency presiding at the hearing. 8,210
(c) Each application for a permit under division (B)(2)(b) 8,212
of this section shall be accompanied by a nonrefundable 8,213
application fee of four hundred dollars that shall be credited to 8,214
the general revenue fund. Each application for an annual license 8,215
under division (B)(2)(a) of this section shall be accompanied by 8,216
a nonrefundable application fee of one hundred dollars. If the 8,217
application for an annual license is submitted to a board of 8,218
health on the approved list under section 3734.08 of the Revised 8,219
Code, the application fee shall be credited to the special 8,220
infectious waste fund of the health district created in division 8,221
(C) of section 3734.06 of the Revised Code. If the application 8,222
for an annual license is submitted to the director, the 8,223
application fee shall be credited to the general revenue fund. 8,224
If a permit or license is issued, the amount of the application 8,226
fee paid shall be deducted from the amount of the permit fee due 8,227
190
under division (Q) of section 3745.11 of the Revised Code or the 8,230
amount of the license fee due under division (C) of section 8,231
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 8,233
treatment facility that commenced operation on or before July 1, 8,234
1968, shall submit to the director an application for a permit 8,235
with accompanying engineering detail plans, specifications, and 8,236
information regarding the facility and its method of operation 8,237
for approval under rules adopted under section 3734.021 of the 8,238
Revised Code in accordance with the following schedule: 8,239
(i) Not later than December 24, 1988, if the facility is 8,241
located in Delaware, Greene, Guernsey, Hamilton, Madison, 8,242
Mahoning, Ottawa, or Vinton county; 8,243
(ii) Not later than March 24, 1989, if the facility is 8,245
located in Champaign, Clinton, Columbiana, Huron, Paulding, 8,246
Stark, or Washington county, or is located in the city of 8,247
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 8,248
(iii) Not later than June 24, 1989, if the facility is 8,250
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 8,251
Lucas, or Summit county or is located in Cuyahoga county outside 8,252
the cities of Brooklyn, Cuyahoga Heights, and Parma; 8,253
(iv) Not later than September 24, 1989, if the facility is 8,255
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 8,256
county; 8,257
(v) Not later than December 24, 1989, if the facility is 8,259
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 8,260
of this section. 8,261
The owner or operator of an infectious waste treatment 8,263
facility required to submit a permit application under division 8,264
(B)(2)(d) of this section is not required to pay any permit 8,265
application fee under division (B)(2)(c) of this section, or 8,266
permit fee under division (Q) of section 3745.11 of the Revised 8,269
Code, with respect thereto unless the owner or operator also 8,270
proposes to modify the facility.
191
(e) The director may issue an order in accordance with 8,272
Chapter 3745. of the Revised Code to the owner or operator of an 8,273
infectious waste treatment facility requiring the person to 8,274
submit to the director updated engineering detail plans, 8,275
specifications, and information regarding the facility and its 8,276
method of operation for approval under rules adopted under 8,277
section 3734.021 of the Revised Code if, in the director's 8,278
judgment, conditions at the facility constitute a substantial 8,279
threat to public health or safety or are causing or contributing 8,280
to or threatening to cause or contribute to air or water 8,281
pollution or soil contamination. Any person who receives such an 8,282
order shall submit the updated engineering detail plans, 8,283
specifications, and information to the director within one 8,284
hundred eighty days after the effective date of the order. 8,285
(f) The director shall act upon an application submitted 8,287
under division (B)(2)(d) of this section and any updated 8,288
engineering plans, specifications, and information submitted 8,289
under division (B)(2)(e) of this section within one hundred 8,290
eighty days after receiving them. If the director denies any 8,291
such permit application or disapproves any such updated 8,292
engineering plans, specifications, and information, the director 8,294
shall include in the order denying the application or 8,295
disapproving the plans the requirement that the owner or operator 8,296
cease accepting infectious wastes for treatment at the facility. 8,297
(3) Division (B) of this section does not apply to an 8,299
infectious waste treatment facility that meets any of the 8,300
following conditions: 8,301
(a) Is owned or operated by the generator of the wastes 8,303
and exclusively treats, by methods, techniques, and practices 8,304
established by rules adopted under division (C)(1) or (3) of 8,305
section 3734.021 of the Revised Code, wastes that are generated 8,306
at any premises owned or operated by that generator regardless of 8,307
whether the wastes are generated on the same premises where the 8,308
generator's treatment facility is located or, if the generator is 8,309
192
a hospital as defined in section 3727.01 of the Revised Code, 8,310
infectious wastes that are described in division (A)(1)(g), (h), 8,311
or (i) of section 3734.021 of the Revised Code; 8,312
(b) Holds a license or renewal of a license to operate a 8,314
crematory facility issued under Chapter 4717. and a permit issued 8,316
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 8,318
or the blood of animals, and is subject to any of the following: 8,319
(i) Inspection under the "Federal Meat Inspection Act," 81 8,321
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 8,322
(ii) Chapter 918. of the Revised Code; 8,324
(iii) Chapter 953. of the Revised Code. 8,326
Nothing in division (B) of this section requires a facility 8,328
that holds a license issued under division (A) of this section as 8,329
a solid waste facility and that also treats infectious wastes by 8,330
the same method, technique, or process to obtain a license under 8,331
division (B) of this section as an infectious waste treatment 8,332
facility. However, the solid waste facility license for the 8,333
facility shall include the notation that the facility also treats 8,334
infectious wastes. 8,335
On and after the effective date of the amendments to the 8,337
rules adopted under division (C)(2) of section 3734.021 of the 8,338
Revised Code that are required by Section 6 of Substitute House 8,339
Bill No. 98 of the 120th General Assembly, the director shall not 8,341
issue a permit to open a new solid waste incineration facility 8,342
unless the proposed facility complies with the requirements for 8,343
the location of new infectious waste incineration facilities 8,344
established in the required amendments to those rules. 8,345
(C) Except for a facility or activity described in 8,347
division (E)(3) of section 3734.02 of the Revised Code, a person 8,349
who proposes to establish or operate a hazardous waste facility 8,350
shall submit an application for a hazardous waste facility 8,352
installation and operation permit and accompanying detail plans, 8,353
specifications, and such information as the director may require 8,354
193
to the environmental protection agency, except as provided in 8,355
division (E)(2) of this section, at least one hundred eighty days 8,356
before the proposed beginning of operation of the facility. The 8,357
applicant shall notify by certified mail the legislative 8,358
authority of each municipal corporation, township, and county in 8,359
which the facility is proposed to be located of the submission of 8,360
the application within ten days after the submission or at such 8,361
earlier time as the director may establish by rule. If the 8,362
application is for a proposed new hazardous waste disposal or 8,363
thermal treatment facility, the applicant also shall give actual 8,364
notice of the general design and purpose of the facility to the 8,365
legislative authority of each municipal corporation, township, 8,366
and county in which the facility is proposed to be located at 8,368
least ninety days before the permit application is submitted to 8,369
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 8,371
facility board, composed of the director of environmental 8,372
protection who shall serve as chairperson, the director of 8,373
natural resources, and the chairperson of the Ohio water 8,375
development authority, or their respective designees, and one 8,376
chemical engineer and one geologist who each shall be employed by 8,377
a state university as defined in section 3345.011 of the Revised 8,378
Code. The chemical engineer and geologist each shall be 8,379
appointed by the governor, with the advice and consent of the 8,380
senate, for a term of two years. The chemical engineer and 8,381
geologist each shall receive as compensation five thousand 8,382
dollars per year, plus expenses necessarily incurred in the 8,384
performance of their duties.
The board shall not issue any final order without the 8,386
consent of at least three members. 8,387
(2) The hazardous waste facility board shall do both of 8,390
the following: 8,391
(a) Pursuant to Chapter 119. of the Revised Code, adopt 8,393
rules governing procedure to be followed in hearings before the 8,395
194
board; 8,396
(b) Except as provided in section 3734.123 of the Revised 8,398
Code, approve or disapprove applications for a hazardous waste 8,399
facility installation and operation permit for new facilities and 8,400
applications for modifications to existing permits for which the 8,401
board has jurisdiction as provided in division (I)(3) of this 8,402
section.
(3) Except as provided in section 3734.123 of the Revised 8,404
Code, upon receipt of the completed application for a hazardous 8,405
waste facility installation and operation permit and a 8,406
preliminary determination by the staff of the environmental 8,407
protection agency that the application appears to comply with 8,408
agency rules and to meet the performance standards set forth in 8,409
divisions (D), (I), and (J) of section 3734.12 of the Revised 8,410
Code, the director shall transmit the application to the board, 8,413
which shall do all of the following: 8,414
(a) Promptly fix a date for a public hearing on the 8,416
application, not fewer than sixty nor more than ninety days after 8,417
receipt of the completed application. At the public hearing, any 8,418
person may submit written or oral comments or objections to the 8,419
approval or disapproval of the application. A representative of 8,420
the applicant who has knowledge of the location, construction, 8,421
operation, closure, and post-closure care, if applicable, of the 8,422
facility shall attend the public hearing in order to respond to 8,423
comments or questions concerning the facility directed to the 8,424
representative by the presiding officer. 8,425
(b) Give public notice of the date of the public hearing 8,427
and a summary of the application in a newspaper having general 8,428
circulation in the county in which the facility is proposed to be 8,429
located. The notice shall contain, at a minimum, the date, time, 8,430
and location of the public hearing and shall include the location 8,432
and street address of, or the nearest intersection to, the 8,433
proposed facility, a description of the proposed facility, and 8,434
the location where copies of the application, a short statement 8,435
195
by the applicant of the anticipated environmental impact of the 8,436
facility, and a map of the facility are available for inspection. 8,437
(c) Promptly fix a date for an adjudication hearing, not 8,439
fewer than ninety nor more than one hundred twenty days after 8,440
receipt of the completed application, at which hearing the board 8,441
shall hear and decide all disputed issues between the parties 8,442
respecting the approval or disapproval of the application. 8,443
(4) The parties to any adjudication hearing before the 8,445
board upon a completed application shall be the following: 8,446
(a) The applicant; 8,448
(b) The staff of the environmental protection agency; 8,450
(c) The board of county commissioners of the county, the 8,452
board of township trustees of the township, and the chief 8,453
executive officer of the municipal corporation in which the 8,454
facility is proposed to be located; 8,455
(d) Any other person who would be aggrieved or adversely 8,457
affected by the proposed facility and who files a petition to 8,458
intervene in the adjudication hearing not later than thirty days 8,459
after the date of publication of the notice required in division 8,460
(D)(3)(b) of this section if the petition is granted by the board 8,462
for good cause shown. The board may allow intervention by other 8,463
aggrieved or adversely affected persons up to fifteen days prior 8,464
to the date of the adjudication hearing for good cause shown when 8,465
the intervention would not be unduly burdensome to or cause a 8,466
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 8,468
adjudication hearing upon disputed issues in accordance with 8,469
Chapter 119. of the Revised Code and the rules of the board 8,470
governing the procedure of such hearings. Each party may call 8,471
and examine witnesses and submit other evidence respecting the 8,472
disputed issues presented by an application. A written record 8,473
shall be made of the hearing and of all testimony and evidence 8,474
submitted to the board. 8,475
(6) The board shall not approve an application for a 8,477
196
hazardous waste facility installation and operation permit unless 8,478
it finds and determines as follows: 8,479
(a) The nature and volume of the waste to be treated, 8,481
stored, or disposed of at the facility; 8,482
(b) That the facility complies with the director's 8,484
hazardous waste standards adopted pursuant to section 3734.12 of 8,485
the Revised Code; 8,486
(c) That the facility represents the minimum adverse 8,488
environmental impact, considering the state of available 8,489
technology and the nature and economics of various alternatives, 8,490
and other pertinent considerations; 8,491
(d) That the facility represents the minimum risk of all 8,493
of the following: 8,494
(i) Contamination of ground and surface waters; 8,496
(ii) Fires or explosions from treatment, storage, or 8,498
disposal methods; 8,499
(iii) Accident during transportation of hazardous waste to 8,501
or from the facility; 8,502
(iv) Impact on the public health and safety; 8,504
(v) Air pollution; 8,506
(vi) Soil contamination. 8,508
(e) That the facility will comply with Chapters 3704., 8,510
3734., and 6111. of the Revised Code and all rules and standards 8,511
adopted under those chapters; 8,512
(f) That if the owner of the facility, the operator of the 8,514
facility, or any other person in a position with the facility 8,515
from which the person may influence the installation and 8,516
operation of the facility has been involved in any prior activity 8,518
involving transportation, treatment, storage, or disposal of 8,519
hazardous waste, that person has a history of compliance with 8,520
Chapters 3704., 3734., and 6111. of the Revised Code and all 8,521
rules and standards adopted under those chapters, the "Resource 8,522
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 8,523
U.S.C.A. 6921, as amended, and all regulations adopted under it, 8,524
197
and similar laws and rules of other states if any such prior 8,525
operation was located in another state that demonstrates 8,526
sufficient reliability, expertise, and competency to operate a 8,527
hazardous waste facility under the applicable provisions of 8,528
Chapters 3704., 3734., and 6111. of the Revised Code, the 8,529
applicable rules and standards adopted under those chapters, and 8,530
terms and conditions of a hazardous waste facility installation 8,531
and operation permit, given the potential for harm to the public 8,532
health and safety and the environment that could result from the 8,533
irresponsible operation of the facility; 8,534
(g) That the active areas within a new hazardous waste 8,536
facility where acute hazardous waste as listed in 40 C.F.R. 8,537
261.33 (e), as amended, or organic waste that is toxic and is 8,538
listed under 40 C.F.R. 261, as amended, is being stored, treated, 8,539
or disposed of and where the aggregate of the storage design 8,540
capacity and the disposal design capacity of all hazardous waste 8,541
in those areas is greater than two hundred fifty thousand 8,542
gallons, are not located or operated within any of the following: 8,543
(i) Two thousand feet of any residence, school, hospital, 8,545
jail, or prison; 8,546
(ii) Any naturally occurring wetland; 8,548
(iii) Any flood hazard area if the applicant cannot show 8,550
that the facility will be designed, constructed, operated, and 8,551
maintained to prevent washout by a one-hundred-year flood or that 8,552
procedures will be in effect to remove the waste before flood 8,553
waters can reach it. 8,554
Division (D)(6)(g) of this section does not apply to the 8,556
facility of any applicant who demonstrates to the board that the 8,557
limitations specified in that division are not necessary because 8,558
of the nature or volume of the waste and the manner of management 8,559
applied, the facility will impose no substantial danger to the 8,560
health and safety of persons occupying the structures listed in 8,561
division (D)(6)(g)(i) of this section, and the facility is to be 8,562
located or operated in an area where the proposed hazardous waste 8,563
198
activities will not be incompatible with existing land uses in 8,564
the area. 8,565
(h) That the facility will not be located within the 8,567
boundaries of a state park established or dedicated under Chapter 8,568
1541. of the Revised Code, a state park purchase area established 8,569
under section 1541.02 of the Revised Code, any unit of the 8,570
national park system, or any property that lies within the 8,571
boundaries of a national park or recreation area, but that has 8,572
not been acquired or is not administered by the secretary of the 8,573
United States department of the interior, located in this state, 8,574
or any candidate area located in this state identified for 8,575
potential inclusion in the national park system in the edition of 8,576
the "national park system plan" submitted under paragraph (b) of 8,577
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 8,578
U.S.C.A. 1a-5, as amended, current at the time of filing of the 8,579
application for the permit, unless the facility will be used 8,580
exclusively for the storage of hazardous waste generated within 8,581
the park or recreation area in conjunction with the operation of 8,582
the park or recreation area. Division (D)(6)(h) of this section 8,583
does not apply to the facility of any applicant for modification 8,584
of a permit unless the modification application proposes to 8,585
increase the land area included in the facility or to increase 8,586
the quantity of hazardous waste that will be treated, stored, or 8,587
disposed of at the facility. 8,588
In rendering a decision upon an application for a hazardous 8,590
waste facility installation and operation permit, the board shall 8,591
issue a written order and opinion, which shall include the 8,592
specific findings of fact and conclusions of law that support the 8,595
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 8,597
facility installation and operation permit, as a part of its 8,598
written order, it shall issue the permit, upon such terms and 8,599
conditions as the board finds are necessary to ensure the 8,600
construction and operation of the hazardous waste facility in 8,601
199
accordance with the standards of this section. 8,602
(7) Any party adversely affected by an order of the 8,604
hazardous waste facility board may appeal the order and decision 8,605
of the board to the court of appeals of Franklin county. An 8,606
appellant shall file with the board a notice of appeal, which 8,607
shall designate the order appealed from. A copy of the notice 8,608
also shall be filed by the appellant with the court, and a copy 8,609
shall be sent by certified mail to each party to the adjudication 8,610
hearing before the board. Such notices shall be filed and mailed 8,611
within thirty days after the date upon which the appellant 8,612
received notice from the board by certified mail of the making of 8,613
the order appealed from. No appeal bond shall be required to 8,614
make an appeal effective. 8,615
The filing of a notice of appeal shall not operate 8,617
automatically as a suspension of the order of the board. If it 8,618
appears to the court that an unjust hardship to the appellant 8,619
will result from the execution of the board's order pending 8,620
determination of the appeal, the court may grant a suspension of 8,621
the order and fix its terms. 8,622
Within twenty days after receipt of the notice of appeal, 8,624
the board shall prepare and file in the court the complete record 8,625
of proceedings out of which the appeal arises, including any 8,626
transcript of the testimony and any other evidence that has been 8,627
submitted before the board. The expense of preparing and 8,628
transcribing the record shall be taxed as a part of the costs of 8,629
the appeal. The appellant, other than the state or a political 8,630
subdivision, an agency of either, or any officer of the appellant 8,631
acting in the officer's representative capacity, shall provide 8,633
security for costs satisfactory to the court considering the 8,634
respective interests of the parties and the public interest. 8,635
Upon demand by a party, the board shall furnish, at the cost of 8,636
the party requesting it, a copy of the record. If the complete 8,637
record is not filed within the time provided for in this section, 8,638
any party may apply to the court to have the case docketed, and 8,639
200
the court shall order the record filed. 8,640
In hearing the appeal, the court is confined to the record 8,642
as certified to it by the board. The court may grant a request 8,643
for the admission of additional evidence when satisfied that the 8,644
additional evidence is newly discovered and could not with 8,645
reasonable diligence have been ascertained prior to the hearing 8,646
before the board. 8,647
The court shall affirm the order complained of in the 8,649
appeal if it finds, upon consideration of the entire record and 8,650
such additional evidence as the court has admitted, that the 8,651
order is supported by reliable, probative, and substantial 8,652
evidence and is in accordance with law. In the absence of such 8,653
findings, it shall reverse, vacate, or modify the order or make 8,654
such other ruling as is supported by reliable, probative, and 8,655
substantial evidence and is in accordance with law. The judgment 8,656
of the court shall be final and conclusive unless reversed, 8,657
vacated, or modified on appeal. Such appeals may be taken by any 8,658
party to the appeal pursuant to the Rules of Practice of the 8,659
Supreme Court and, to the extent not in conflict with those 8,660
rules, Chapter 2505. of the Revised Code. 8,661
(E)(1) Upon receipt of a completed application, the board 8,663
shall issue a hazardous waste facility installation and operation 8,664
permit for a hazardous waste facility subject to the requirements 8,665
of divisions (D)(6) and (7) of this section and all applicable 8,666
federal regulations if the facility for which the permit is 8,667
requested satisfies all of the following: 8,668
(a) Was in operation immediately prior to October 9, 1980; 8,670
(b) Was in substantial compliance with applicable statutes 8,672
and rules in effect immediately prior to October 9, 1980, as 8,673
determined by the director; 8,674
(c) Demonstrates to the board that its operations after 8,676
October 9, 1980, comply with applicable performance standards 8,677
adopted by the director pursuant to division (D) of section 8,678
3734.12 of the Revised Code; 8,679
201
(d) Submits a completed application for a permit under 8,681
division (C) of this section within six months after October 9, 8,682
1980. 8,683
The board shall act on the application within twelve months 8,685
after October 9, 1980. 8,686
(2) A hazardous waste facility that was in operation 8,688
immediately prior to October 9, 1980, may continue to operate 8,689
after that date if it does all of the following: 8,690
(a) Complies with performance standards adopted by the 8,692
director pursuant to division (D) of section 3734.12 of the 8,693
Revised Code; 8,694
(b) Submits a completed application for a hazardous waste 8,696
installation and operation permit under division (C) of this 8,697
section within six months after October 9, 1980; 8,698
(c) Obtains the permit under division (D) of this section 8,700
within twelve months after October 9, 1980. 8,701
(3) No political subdivision of this state shall require 8,703
any additional zoning or other approval, consent, permit, 8,704
certificate, or condition for the construction or operation of a 8,705
hazardous waste facility authorized by a hazardous waste facility 8,706
installation and operation permit issued pursuant to this 8,707
chapter, nor shall any political subdivision adopt or enforce any 8,708
law, ordinance, or rule that in any way alters, impairs, or 8,709
limits the authority granted in the permit. 8,710
(4) After the issuance of a hazardous waste facility 8,712
installation and operation permit by the board, each hazardous 8,713
waste facility shall be subject to the rules and supervision of 8,714
the director during the period of its operation, closure, and 8,715
post-closure care, if applicable. 8,716
(F) Upon approval of the board in accordance with 8,718
divisions (D) and (E) of this section, the board may issue a 8,719
single hazardous waste facility installation and operation permit 8,720
to a person who operates two or more adjoining facilities where 8,721
hazardous waste is stored, treated, or disposed of if the 8,722
202
application includes detail plans, specifications, and 8,723
information on all facilities. For the purposes of this section, 8,724
"adjoining" means sharing a common boundary, separated only by a 8,725
public road, or in such proximity that the director determines 8,726
that the issuance of a single permit will not create a hazard to 8,727
the public health or safety or the environment. 8,728
(G) No person shall falsify or fail to keep or submit any 8,730
plans, specifications, data, reports, records, manifests, or 8,731
other information required to be kept or submitted to the 8,732
director or to the hazardous waste facility board by this chapter 8,733
or the rules adopted under it. 8,734
(H)(1) Each person who holds an installation and operation 8,736
permit issued under this section and who wishes to obtain a 8,737
permit renewal shall submit a completed application for an 8,738
installation and operation permit renewal and any necessary 8,739
accompanying general plans, detail plans, specifications, and 8,740
such information as the director may require to the director no 8,741
later than one hundred eighty days prior to the expiration date 8,742
of the existing permit or upon a later date prior to the 8,743
expiration of the existing permit if the permittee can 8,744
demonstrate good cause for the late submittal. The director 8,745
shall consider the application and accompanying information, 8,746
inspection reports of the facility, results of performance tests, 8,747
a report regarding the facility's compliance or noncompliance 8,748
with the terms and conditions of its permit and rules adopted by 8,749
the director under this chapter, and such other information as is 8,750
relevant to the operation of the facility and shall issue a draft 8,751
renewal permit or a notice of intent to deny the renewal permit. 8,752
The director, in accordance with rules adopted under this section 8,753
or with rules adopted to implement Chapter 3745. of the Revised 8,754
Code, shall give public notice of the application and draft 8,755
renewal permit or notice of intent to deny the renewal permit, 8,756
provide for the opportunity for public comments within a 8,757
specified time period, schedule a public meeting in the county in 8,758
203
which the facility is located if significant interest is shown, 8,759
and give public notice of the public meeting. 8,760
(2) Within sixty days after the public meeting or close of 8,762
the public comment period, the director, without prior hearing, 8,763
shall issue or deny the renewal permit in accordance with Chapter 8,764
3745. of the Revised Code. The director shall not issue a 8,765
renewal permit unless the director determines that the facility 8,767
under the existing permit has a history of compliance with this 8,768
chapter, rules adopted under it, the existing permit, or orders 8,769
entered to enforce such requirements that demonstrates sufficient 8,770
reliability, expertise, and competency to operate the facility 8,771
henceforth under this chapter, rules adopted under it, and the 8,772
renewal permit. If the director approves an application for a 8,773
renewal permit, the director shall issue the permit subject to 8,775
the payment of the annual permit fee required under division (E) 8,776
of section 3734.02 of the Revised Code and upon such terms and 8,777
conditions as the director finds are reasonable to ensure that 8,778
continued operation, maintenance, closure, and post-closure care 8,780
of the hazardous waste facility are in accordance with the rules 8,781
adopted under section 3734.12 of the Revised Code. 8,782
(3) An installation and operation permit renewal 8,784
application submitted to the director that also contains or would 8,785
constitute an application for a modification shall be acted upon 8,787
by the director in accordance with division (I) of this section 8,788
in the same manner as an application for a modification. In 8,789
approving or disapproving the renewal portion of a permit renewal 8,791
application containing an application for a modification, the 8,792
director shall apply the criteria established under division 8,794
(H)(2) of this section.
(4) An application for renewal or modification of a permit 8,797
that does not contain an application for a modification as 8,798
described in divisions (I)(3)(a) to (d) of this section shall not 8,800
be subject to division (D) of this section. 8,801
(I)(1) As used in this section, "modification" means a 8,803
204
change or alteration to a hazardous waste facility or its 8,804
operations that is inconsistent with or not authorized by its 8,806
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 8,808
with rules adopted under division (K) of this section. 8,809
Modifications classified as Class 3 modifications, in accordance 8,810
with rules adopted under that division, shall be further 8,811
classified by the director as either Class 3 modifications that 8,812
are to be approved or disapproved by the hazardous waste facility 8,813
board as described in divisions (I)(3)(a) to (d) of this section 8,814
or as Class 3 modifications that are to be approved or 8,815
disapproved by the director under division (I)(5) of this 8,816
section. Not later than thirty days after receiving a request 8,817
for a modification under division (I)(4) of this section that is 8,818
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 8,820
under division (K) of this section, the director shall classify 8,821
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 8,822
Notwithstanding any other law to the contrary, any modification 8,824
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 8,825
shall be classified as a Class 3 modification. 8,826
(2) Except as provided in section 3734.123 of the Revised 8,828
Code, a hazardous waste facility installation and operation 8,829
permit may be modified at the request of the director or upon the 8,831
written request of the permittee only if any of the following 8,832
applies:
(a) The permittee desires to accomplish alterations, 8,834
additions, or deletions to the permitted facility or to undertake 8,835
alterations, additions, deletions, or activities that are 8,836
inconsistent with or not authorized by the existing permit; 8,837
(b) New information or data justify permit conditions in 8,839
addition to or different from those in the existing permit; 8,840
(c) The standards, criteria, or rules upon which the 8,842
205
existing permit is based have been changed by new, amended, or 8,843
rescinded standards, criteria, or rules, or by judicial decision 8,844
after the existing permit was issued, and the change justifies 8,845
permit conditions in addition to or different from those in the 8,846
existing permit; 8,847
(d) The permittee proposes to transfer the permit to 8,849
another person. 8,850
(3) The director has jurisdiction to approve or disapprove 8,852
applications for Class 1 modifications, Class 2 modifications, 8,853
and Class 3 modifications not otherwise described in divisions 8,854
(I)(3)(a) to (d) of this section. The hazardous waste facility 8,857
board has jurisdiction to approve or disapprove applications for 8,858
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 8,861
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 8,862
disposal activity by the facility's permit; 8,863
(b) Modification or addition of a hazardous waste 8,865
management unit, as defined in rules adopted under section 8,866
3734.12 of the Revised Code, that results in an increase in a 8,867
facility's storage capacity of more than twenty-five per cent 8,868
over the capacity authorized by the facility's permit, an 8,869
increase in a facility's treatment rate of more than twenty-five 8,871
per cent over the rate so authorized, or an increase in a 8,872
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 8,873
calculated from the approved design plans for the disposal units 8,874
at that facility. In no case during a five-year period shall a 8,875
facility's storage capacity or treatment rate be modified to 8,877
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 8,878
division (I) of this section to the contrary, a request for 8,880
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 8,881
206
(c) Authority to add any of the following categories of 8,883
regulated activities not previously authorized at a facility by 8,884
the facility's permit: storage at a facility not previously 8,885
authorized to store hazardous waste, treatment at a facility not 8,886
previously authorized to treat hazardous waste, or disposal at a 8,887
facility not previously authorized to dispose of hazardous waste; 8,888
or authority to add a category of hazardous waste management unit 8,889
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 8,890
section to the contrary, a request for authority to add or to 8,891
modify an activity or a hazardous waste management unit for the 8,892
purposes of performing a corrective action shall be classified 8,893
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 8,895
listed or characterized as reactive or explosive, in rules 8,897
adopted under section 3734.12 of the Revised Code, or any acute 8,898
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 8,899
facility not previously authorized to treat, store, or dispose of 8,900
those types of wastes by the facility's permit unless the 8,901
requested authority is limited to wastes that no longer exhibit 8,903
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 8,904
as acute hazardous waste, but still are required to carry those 8,905
waste codes as established in rules adopted under section 3734.12 8,906
of the Revised Code because of the requirements established in 40 8,907
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 8,908
"derived-from," or "contained-in" regulations. 8,909
(4) A written request for a modification from the 8,912
permittee shall be submitted to the director and shall contain 8,913
such information as is necessary to support the request. The 8,914
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 8,916
section within two hundred forty days after receiving the 8,917
requests. Requests for modifications shall be acted upon by the 8,918
207
director or the board, as appropriate, in accordance with this 8,919
section and rules adopted under it. 8,920
(5) Class 1 modification applications that require prior 8,923
approval of the director, as determined in accordance with rules 8,924
adopted under division (K) of this section, Class 2 modification 8,925
applications, and Class 3 modification applications that are not 8,926
described in divisions (I)(3)(a) to (d) of this section shall be 8,928
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 8,929
commissioners of the county, the board of township trustees of 8,930
the township, and the city manager or mayor of the municipal 8,931
corporation in which a hazardous waste facility is located shall 8,932
receive notification of any application for a modification for 8,933
that facility and shall be considered as interested persons with 8,934
respect to the director's consideration of the application. 8,935
For those modification applications for a transfer of a 8,938
permit to a new owner or operator of a facility, the director 8,939
also shall determine that, if the transferee owner or operator 8,940
has been involved in any prior activity involving the 8,942
transportation, treatment, storage, or disposal of hazardous 8,943
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 8,945
Revised Code and all rules and standards adopted under them, the 8,947
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 8,948
42 U.S.C.A. 6921, as amended, and all regulations adopted under 8,949
it, and similar laws and rules of another state if the transferee 8,950
owner or operator owns or operates a facility in that state, that 8,951
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 8,953
Chapters 3704. and 6111. of the Revised Code, all rules and 8,955
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 8,956
the potential for harm to the public health and safety and the 8,957
environment that could result from the irresponsible operation of 8,958
208
the facility. A permit may be transferred to a new owner or 8,960
operator only pursuant to a Class 3 permit modification.
As used in division (I)(5) of this section: 8,963
(a) "Owner" means the person who owns a majority or 8,965
controlling interest in a facility. 8,966
(b) "Operator" means the person who is responsible for the 8,968
overall operation of a facility. 8,969
The director shall approve or disapprove an application for 8,971
a Class 1 modification that requires the director's approval 8,972
within sixty days after receiving the request for modification. 8,973
The director shall approve or disapprove an application for a 8,974
Class 2 modification within three hundred days after receiving 8,975
the request for modification. The director shall approve or 8,976
disapprove an application for a Class 3 modification that is not 8,978
described in divisions (I)(3)(a) to (d) of this section within 8,979
three hundred sixty-five days after receiving the request for 8,980
modification.
(6) The approval or disapproval by the director of a Class 8,982
1 modification application is not a final action that is 8,983
appealable under Chapter 3745. of the Revised Code. The approval 8,984
or disapproval by the director of a Class 2 modification or a 8,986
Class 3 modification that is not described in divisions (I)(3)(a) 8,987
to (d) of this section is a final action that is appealable under 8,988
that chapter. In approving or disapproving a request for a 8,989
modification, the director shall consider all comments pertaining 8,990
to the request that are received during the public comment period 8,991
and the public meetings. The administrative record for appeal of 8,992
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 8,993
during the public comment period relating to the request for 8,994
modification, written materials submitted at the public meetings 8,995
relating to the request, and any other documents related to the 8,996
director's action.
(7) The hazardous waste facility board shall approve or 8,998
209
disapprove an application for a Class 3 modification transmitted 9,000
to it under division (I)(4) of this section, or that portion of a 9,002
permit renewal application that constitutes a Class 3 9,003
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 9,005
division (D) of this section. No other request for a 9,006
modification shall be subject to division (D)(6) of this section. 9,007
No aspect of a permitted facility or its operations that is not 9,009
being modified as described in division (I)(3)(a), (b), (c), or 9,010
(d) of this section shall be subject to review by the board under 9,012
division (D) of this section.
(8) Notwithstanding any other provision of law to the 9,014
contrary, a change or alteration to a hazardous waste facility 9,015
described in division (E)(3)(a) or (b) of section 3734.02 of the 9,016
Revised Code, or its operations, is a modification for the 9,017
purposes of this section. An application for a modification at 9,019
such a facility shall be submitted, classified, and approved or 9,020
disapproved in accordance with divisions (I)(1) to (7) of this 9,021
section in the same manner as a modification to a hazardous waste 9,022
facility installation and operation permit. 9,023
(J)(1) Except as provided in division (J)(2) of this 9,025
section, an owner or operator of a hazardous waste facility that 9,027
is operating in accordance with a permit by rule under rules 9,028
adopted by the director under division (E)(3)(b) of section 9,029
3734.02 of the Revised Code shall submit either a hazardous waste 9,031
facility installation and operation permit application for the 9,032
facility or a modification application, whichever is required 9,033
under division (J)(1)(a) or (b) of this section, within one 9,034
hundred eighty days after the director has requested the 9,035
application or upon a later date if the owner or operator 9,036
demonstrates to the director good cause for the late submittal. 9,037
(a) If the owner or operator does not have a hazardous 9,039
waste facility installation and operation permit for any 9,040
hazardous waste treatment, storage, or disposal activities at the 9,041
210
facility, the owner or operator shall submit an application for 9,043
such a permit to the director for the activities authorized by
the permit by rule. Notwithstanding any other provision of law 9,045
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 9,046
governing the approval or disapproval of permit renewals under 9,047
division (H) of this section. 9,048
(b) If the owner or operator has a hazardous waste 9,050
facility installation and operation permit for hazardous waste 9,051
treatment, storage, or disposal activities at the facility other 9,052
than those authorized by the permit by rule, the owner or 9,053
operator shall submit to the director a request for modification 9,054
in accordance with division (I) of this section. Notwithstanding 9,055
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 9,056
with rules adopted under division (K) of this section. 9,057
(2) The owner or operator of a boiler or industrial 9,059
furnace that is conducting thermal treatment activities in 9,060
accordance with a permit by rule under rules adopted by the 9,061
director under division (E)(3)(b) of section 3734.02 of the 9,063
Revised Code shall submit a hazardous waste facility installation 9,065
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 9,066
storage, or disposal activities at the facility or, if the owner 9,067
or operator has such a permit for hazardous waste treatment, 9,068
storage, or disposal activities at the facility other than 9,069
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 9,070
the permit by rule, whichever is applicable, within one hundred 9,071
eighty days after the director has requested the submission of 9,072
the application or upon a later date if the owner or operator 9,073
demonstrates to the director good cause for the late submittal. 9,074
The application shall be accompanied by information necessary to 9,075
support the request. The hazardous waste facility board shall 9,076
211
approve or disapprove the application in accordance with division 9,077
(D) of this section, except that the board shall not disapprove 9,078
an application for the thermal treatment activities on the basis 9,079
of the criteria set forth in division (D)(6)(g) or (h) of this 9,081
section.
(3) As used in division (J) of this section: 9,084
(a) "Modification application" means a request for a 9,086
modification submitted in accordance with division (I) of this 9,088
section.
(b) "Thermal treatment," "boiler," and "industrial 9,090
furnace" have the same meanings as in rules adopted under section 9,091
3734.12 of the Revised Code. 9,092
(K) The director shall adopt, and may amend, suspend, or 9,094
rescind, rules in accordance with Chapter 119. of the Revised 9,095
Code in order to implement divisions (H) and (I) of this section. 9,096
Except when in actual conflict with this section, rules governing 9,097
the classification of and procedures for the modification of 9,098
hazardous waste facility installation and operation permits shall 9,099
be substantively and procedurally identical to the regulations 9,100
governing hazardous waste facility permitting and permit 9,101
modifications adopted under the "Resource Conservation and 9,102
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 9,103
amended.
Sec. 3734.06. (A)(1) Except as provided in division 9,112
(A)(2), (3), and (4) of this section and in section 3734.82 of 9,113
the Revised Code, the annual fee for a solid waste facility 9,114
license shall be in accordance with the following schedule: 9,115
AUTHORIZED MAXIMUM ANNUAL 9,117
DAILY WASTE LICENSE 9,118
RECEIPT (TONS) FEE 9,119
100 or less $ 5,000 9,120
101 to 200 12,500 9,121
201 to 500 30,000 9,122
501 or more 60,000 9,123
212
For the purpose of determining the applicable license fee 9,125
under divisions (A)(1) and (2) of this section, the authorized 9,126
maximum daily waste receipt shall be the maximum amount of wastes 9,127
the facility is authorized to receive daily that is established 9,128
in the permit for the facility, and any modifications to that 9,129
permit, issued under division (A)(2) or (3) of section 3734.05 of 9,130
the Revised Code; the annual license for the facility, and any 9,131
revisions to that license, issued under division (A)(1) of 9,132
section 3734.05 of the Revised Code; the approved operating plan 9,133
or operational report for which submission and approval are 9,134
required by rules adopted by the director of environmental 9,135
protection under section 3734.02 of the Revised Code; an order 9,136
issued by the director as authorized by rule; or the updated 9,137
engineering plans, specifications, and facility and operation 9,138
information approved under division (A)(4) of section 3734.05 of 9,139
the Revised Code. If no authorized maximum daily waste receipt 9,140
is so established, the annual license fee is sixty thousand 9,141
dollars under division (A)(1) of this section and thirty thousand 9,142
dollars under division (A)(2) of this section. 9,143
The authorized maximum daily waste receipt set forth in any 9,145
such document shall be stated in terms of cubic yards of volume 9,146
for the purpose of regulating the design, construction, and 9,147
operation of a solid waste facility. For the purpose of 9,148
determining applicable license fees under this section, the 9,149
authorized maximum daily waste receipt so stated shall be 9,150
converted from cubic yards to tons as the unit of measurement 9,151
based upon a conversion factor of three cubic yards per ton for 9,152
compacted wastes generally and one cubic yard per ton for baled 9,153
wastes. 9,154
(2) The annual license fee for a facility that is an 9,156
incinerator or composting facility is one-half the amount shown 9,157
in division (A)(1) of this section. When a municipal 9,158
corporation, county, or township owns and operates more than one 9,159
incinerator within its boundaries, the municipal corporation, 9,160
213
county, or township shall pay one fee for the licenses for all of 9,161
its incinerators. The fee shall be determined on the basis of 9,162
the aggregate maximum daily waste receipt for all the 9,163
incinerators owned and operated by the municipal corporation, 9,164
county, or township in an amount that is one-half the amount 9,165
shown in division (A)(1) of this section. 9,166
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 9,168
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 9,169
AUTHORIZED MAXIMUM ANNUAL 9,171
DAILY WASTE LICENSE 9,172
RECEIPT (TONS) FEE 9,173
12 OR LESS $ 300 9,174
13 TO 25 600 9,175
26 TO 50 1,200 9,176
51 TO 75 1,800 9,177
76 TO 100 2,500 9,178
101 TO 200 6,250 9,179
201 TO 500 15,000 9,180
501 OR MORE 30,000 9,181
(3) The annual license fee for a solid waste facility, 9,184
regardless of its authorized maximum daily waste receipt, is five 9,185
thousand dollars for a facility meeting either of the following 9,186
qualifications: 9,187
(a) The facility is owned by a generator of solid wastes 9,189
when the solid waste facility exclusively disposes of solid 9,190
wastes generated at one or more premises owned by the generator 9,191
regardless of whether the facility is located on a premises where 9,192
the wastes are generated; 9,193
(b) The facility exclusively disposes of wastes that are 9,195
generated from the combustion of coal, or from the combustion of 9,196
primarily coal in combination with scrap tires, that is not 9,197
combined in any way with garbage at one or more premises owned by 9,198
the generator. 9,199
(4) The annual license fee for a facility that is a 9,201
214
transfer facility is seven hundred fifty dollars. 9,202
(5) The same fees shall apply to private operators and to 9,204
the state and its political subdivisions and shall be paid within 9,205
thirty days after issuance of a license. The fee includes the 9,206
cost of licensing, all inspections, and other costs associated 9,207
with the administration of the solid waste provisions of this 9,208
chapter and rules adopted under them, excluding the provisions 9,209
governing scrap tires. Each such license shall specify that it 9,210
is conditioned upon payment of the applicable fee to the board of 9,211
health or the director, as appropriate, within thirty days after 9,212
issuance of the license. 9,213
(B) The board of health shall retain two thousand five 9,215
hundred dollars of each license fee collected by the board under 9,216
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 9,217
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 9,218
HUNDRED DOLLARS. The moneys retained shall be paid into a 9,219
special fund, which is hereby created in each health district, 9,220
and used solely to administer and enforce the solid waste 9,221
provisions of this chapter and the rules adopted under them, 9,222
excluding the provisions governing scrap tires. The remainder of 9,223
each license fee collected by the board shall be transmitted to 9,224
the director within forty-five days after receipt of the fee. 9,225
The director shall transmit these moneys to the treasurer of 9,226
state to be credited to the general revenue fund. The board of 9,227
health shall retain the entire amount of each fee collected under 9,228
division (A)(4) of this section, which moneys shall be paid into 9,229
the special fund of the health district. 9,230
(C)(1) Except as provided in divisions (C)(2) and (3) of 9,232
this section, the annual fee for an infectious waste treatment 9,233
facility license shall be in accordance with the following 9,234
schedule: 9,235
AVERAGE ANNUAL 9,237
DAILY WASTE LICENSE 9,238
RECEIPT (TONS) FEE 9,239
215
100 or less $ 5,000 9,240
101 to 200 12,500 9,241
201 to 500 30,000 9,242
501 or more 60,000 9,243
For the purpose of determining the applicable license fee 9,246
under divisions (C)(1) and (2) of this section, the average daily 9,247
waste receipt shall be the average amount of infectious wastes 9,248
the facility is authorized to receive daily that is established 9,249
in the permit for the facility, and any modifications to that 9,250
permit, issued under division (B)(2)(b) or (d) of section 3734.05 9,251
of the Revised Code; or the annual license for the facility, and 9,252
any revisions to that license, issued under division (B)(2)(a) of 9,253
section 3734.05 of the Revised Code. If no average daily waste 9,254
receipt is so established, the annual license fee is sixty 9,255
thousand dollars under division (C)(1) of this section and thirty 9,256
thousand dollars under division (C)(2) of this section. 9,257
(2) The annual license fee for an infectious waste 9,259
treatment facility that is an incinerator is one-half the amount 9,260
shown in division (C)(1) of this section. 9,261
(3) Fees levied under divisions (C)(1) and (2) of this 9,263
section shall apply to private operators and to the state and its 9,264
political subdivisions and shall be paid within thirty days after 9,265
issuance of a license. The fee includes the cost of licensing, 9,266
all inspections, and other costs associated with the 9,267
administration of the infectious waste provisions of this chapter 9,268
and rules adopted under them. Each such license shall specify 9,269
that it is conditioned upon payment of the applicable fee to the 9,270
board of health or the director, as appropriate, within thirty 9,271
days after issuance of the license. 9,272
(4) The board of health shall retain two thousand five 9,274
hundred dollars of each license fee collected by the board under 9,275
divisions (C)(1) and (2) of this section. The moneys retained 9,276
shall be paid into a special infectious waste fund, which is 9,277
hereby created in each health district, and used solely to 9,278
216
administer and enforce the infectious waste provisions of this 9,279
chapter and the rules adopted under them. The remainder of each 9,280
license fee collected by the board shall be transmitted to the 9,281
director within forty-five days after receipt of the fee. The 9,282
director shall transmit these moneys to the treasurer of state to 9,283
be credited to the general revenue fund. 9,284
Sec. 3734.57. (A) For the purposes of paying the state's 9,293
long-term operation costs or matching share for actions taken 9,294
under the "Comprehensive Environmental Response, Compensation, 9,295
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 9,296
amended; paying the costs of measures for proper clean-up of 9,297
sites where polychlorinated biphenyls and substances, equipment, 9,298
and devices containing or contaminated with polychlorinated 9,299
biphenyls have been stored or disposed of; paying the costs of 9,300
conducting surveys or investigations of solid waste facilities or 9,301
other locations where it is believed that significant quantities 9,302
of hazardous waste were disposed of and for conducting 9,303
enforcement actions arising from the findings of such surveys or 9,304
investigations; and paying the costs of acquiring and cleaning 9,305
up, or providing financial assistance for cleaning up, any 9,306
hazardous waste facility or solid waste facility containing 9,307
significant quantities of hazardous waste, that constitutes an 9,308
imminent and substantial threat to public health or safety or the 9,309
environment; and, from July 1, 1997 1999, through June 30, 1999 9,311
2001, for the purposes of paying the costs of administering and 9,312
enforcing the laws pertaining to solid wastes, infectious wastes, 9,313
and construction and demolition debris, including, without 9,314
limitation, ground water evaluations related to solid wastes, 9,315
infectious wastes, and construction and demolition debris, under 9,316
this chapter and Chapter 3714. of the Revised Code and any rules 9,317
adopted under them, and paying a share of the administrative 9,318
costs of the environmental protection agency pursuant to section 9,319
3745.014 of the Revised Code, the following fees are hereby 9,320
levied on the disposal of solid wastes in this state: 9,321
217
(1) One dollar per ton on and after July 1, 1993; 9,323
(2) An additional seventy-five cents per ton on and after 9,326
July 1, 1997 1999, through June 30, 1999 2001. 9,327
The owner or operator of a solid waste disposal facility 9,329
shall collect the fees levied under this division as a trustee 9,330
for the state and shall prepare and file with the director of 9,331
environmental protection monthly returns indicating the total 9,332
tonnage of solid wastes received for disposal at the gate of the 9,333
facility and the total amount of the fees collected under this 9,334
division. Not later than thirty days after the last day of the 9,335
month to which such a return applies, the owner or operator shall 9,336
mail to the director the return for that month together with the 9,337
fees collected during that month as indicated on the return. The 9,338
owner or operator may request an extension of not more than 9,339
thirty days for filing the return and remitting the fees, 9,340
provided that the owner or operator has submitted such a request 9,342
in writing to the director together with a detailed description 9,343
of why the extension is requested, the director has received the 9,344
request not later than the day on which the return is required to 9,345
be filed, and the director has approved the request. If the fees 9,346
are not remitted within sixty days after the last day of the 9,347
month during which they were collected, the owner or operator 9,348
shall pay an additional fifty per cent of the amount of the fees 9,349
for each month that they are late. 9,350
One-half of the moneys remitted to the director under 9,352
division (A)(1) of this section shall be credited to the 9,353
hazardous waste facility management fund created in section 9,354
3734.18 of the Revised Code, and one-half shall be credited to 9,355
the hazardous waste clean-up fund created in section 3734.28 of 9,356
the Revised Code. The moneys remitted to the director under 9,357
division (A)(2) of this section shall be credited to the solid 9,358
waste fund, which is hereby created in the state treasury. The 9,359
environmental protection agency shall use moneys in the solid 9,360
waste fund only to pay the costs of administering and enforcing 9,361
218
the laws pertaining to solid wastes, infectious wastes, and 9,362
construction and demolition debris, including, without 9,363
limitation, ground water evaluations related to solid wastes, 9,364
infectious wastes, and construction and demolition debris, under 9,365
this chapter and Chapter 3714. of the Revised Code and rules 9,366
adopted under them and to pay a share of the administrative costs 9,368
of the environmental protection agency pursuant to section 9,369
3745.014 of the Revised Code. 9,370
The fees levied under this division and divisions (B) and 9,372
(C) of this section are in addition to all other applicable fees 9,373
and taxes and shall be added to any other fee or amount specified 9,374
in a contract that is charged by the owner or operator of a solid 9,375
waste disposal facility or to any other fee or amount that is 9,376
specified in a contract entered into on or after March 4, 1992, 9,377
and that is charged by a transporter of solid wastes. 9,378
(B) For the purpose of preparing, revising, and 9,380
implementing the solid waste management plan of the county or 9,381
joint solid waste management district, including, without 9,382
limitation, the development and implementation of solid waste 9,383
recycling or reduction programs; providing financial assistance 9,384
to boards of health within the district, if solid waste 9,385
facilities are located within the district, for the enforcement 9,386
of this chapter and rules adopted and orders and terms and 9,388
conditions of permits, licenses, and variances issued under it, 9,389
other than the hazardous waste provisions of this chapter and 9,390
rules adopted and orders and terms and conditions of permits 9,391
issued under those provisions; providing financial assistance to 9,393
the county to defray the added costs of maintaining roads and 9,394
other public facilities and of providing emergency and other 9,395
public services resulting from the location and operation of a 9,396
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 9,397
by boards of health for collecting and analyzing water samples 9,398
from public or private wells on lands adjacent to solid waste 9,399
219
facilities that are contained in the approved or amended plan of 9,400
the district; paying the costs of developing and implementing a 9,401
program for the inspection of solid wastes generated outside the 9,402
boundaries of this state that are disposed of at solid waste 9,403
facilities included in the district's approved solid waste 9,404
management plan or amended plan; providing financial assistance 9,405
to boards of health within the district for enforcing laws 9,406
prohibiting open dumping; providing financial assistance to local 9,407
law enforcement agencies within the district for enforcing laws 9,408
and ordinances prohibiting littering; providing financial 9,409
assistance to boards of health of health districts within the 9,410
district that are on the approved list under section 3734.08 of 9,411
the Revised Code for the training and certification required for 9,412
their employees responsible for solid waste enforcement by rules 9,413
adopted under division (L) of section 3734.02 of the Revised 9,414
Code; providing financial assistance to individual municipal 9,415
corporations and townships within the district to defray their 9,416
added costs of maintaining roads and other public facilities and 9,417
of providing emergency and other public services resulting from 9,418
the location and operation within their boundaries of a 9,419
composting, energy or resource recovery, incineration, or 9,420
recycling facility that either is owned by the district or is 9,421
furnishing solid waste management facility or recycling services 9,422
to the district pursuant to a contract or agreement with the 9,423
board of county commissioners or directors of the district; and 9,424
payment of any expenses that are agreed to, awarded, or ordered 9,425
to be paid under section 3734.35 of the Revised Code and of any 9,427
administrative costs incurred pursuant to that section, the solid 9,428
waste management policy committee of a county or joint solid 9,429
waste management district may levy fees upon the following
activities: 9,430
(1) The disposal at a solid waste disposal facility 9,432
located in the district of solid wastes generated within the 9,433
district; 9,434
220
(2) The disposal at a solid waste disposal facility within 9,436
the district of solid wastes generated outside the boundaries of 9,437
the district, but inside this state; 9,438
(3) The disposal at a solid waste disposal facility within 9,440
the district of solid wastes generated outside the boundaries of 9,441
this state. 9,442
If any such fees are levied prior to January 1, 1994, fees 9,444
levied under division (B)(1) of this section always shall be 9,445
equal to one-half of the fees levied under division (B)(2) of 9,446
this section, and fees levied under division (B)(3) of this 9,447
section, which shall be in addition to fees levied under division 9,448
(B)(2) of this section, always shall be equal to fees levied 9,449
under division (B)(1) of this section, except as otherwise 9,450
provided in this division. The solid waste management plan of 9,451
the county or joint district approved under section 3734.521 or 9,452
3734.55 of the Revised Code and any amendments to it, or the 9,453
resolution adopted under this division, as appropriate, shall 9,454
establish the rates of the fees levied under divisions (B)(1), 9,455
(2), and (3) of this section, if any, and shall specify whether 9,456
the fees are levied on the basis of tons or cubic yards as the 9,457
unit of measurement. Although the fees under divisions (A)(1) 9,458
and (2) of this section are levied on the basis of tons as the 9,459
unit of measurement, the solid waste management plan of the 9,460
district and any amendments to it or the solid waste management 9,461
policy committee in its resolution levying fees under this 9,462
division may direct that the fees levied under those divisions be 9,463
levied on the basis of cubic yards as the unit of measurement 9,464
based upon a conversion factor of three cubic yards per ton 9,465
generally or one cubic yard per ton for baled wastes if the fees 9,466
under divisions (B)(1) to (3) of this section are being levied on 9,467
the basis of cubic yards as the unit of measurement under the 9,468
plan, amended plan, or resolution. 9,469
On and after January 1, 1994, the fee levied under division 9,471
(B)(1) of this section shall be not less than one dollar per ton 9,472
221
nor more than two dollars per ton, the fee levied under division 9,473
(B)(2) of this section shall be not less than two dollars per ton 9,474
nor more than four dollars per ton, and the fee levied under 9,475
division (B)(3) of this section shall be not more than the fee 9,476
levied under division (B)(1) of this section, except as otherwise 9,477
provided in this division and notwithstanding any schedule of 9,478
those fees established in the solid waste management plan of a 9,479
county or joint district approved under section 3734.55 of the 9,480
Revised Code or a resolution adopted and ratified under this 9,481
division that is in effect on that date. If the fee that a 9,482
district is levying under division (B)(1) of this section on that 9,483
date under its approved plan or such a resolution is less than 9,484
one dollar per ton, the fee shall be one dollar per ton on and 9,485
after January 1, 1994, and if the fee that a district is so 9,486
levying under that division exceeds two dollars per ton, the fee 9,487
shall be two dollars per ton on and after that date. If the fee 9,488
that a district is so levying under division (B)(2) of this 9,489
section is less than two dollars per ton, the fee shall be two 9,490
dollars per ton on and after that date, and if the fee that the 9,491
district is so levying under that division exceeds four dollars 9,492
per ton, the fee shall be four dollars per ton on and after that 9,493
date. On that date, the fee levied by a district under division 9,494
(B)(3) of this section shall be equal to the fee levied under 9,495
division (B)(1) of this section. Except as otherwise provided in 9,496
this division, the fees established by the operation of this 9,497
amendment shall remain in effect until the district's resolution 9,498
levying fees under this division is amended or repealed in 9,499
accordance with this division to amend or abolish the schedule of 9,500
fees, the schedule of fees is amended or abolished in an amended 9,501
plan of the district approved under section 3734.521 or division 9,502
(A) or (D) of section 3734.56 of the Revised Code, or the 9,503
schedule of fees is amended or abolished through an amendment to 9,504
the district's plan under division (E) of section 3734.56 of the 9,505
Revised Code; the notification of the amendment or abolishment of 9,506
222
the fees has been given in accordance with this division; and 9,507
collection of the amended fees so established commences, or 9,508
collection of the fees ceases, in accordance with this division. 9,509
The solid waste management policy committee of a district 9,511
levying fees under divisions (B)(1) to (3) of this section on 9,513
October 29, 1993, under its solid waste management plan approved 9,514
under section 3734.55 of the Revised Code or a resolution adopted 9,516
and ratified under this division that are within the ranges of 9,517
rates prescribed by this amendment, by adoption of a resolution 9,518
not later than December 1, 1993, and without the necessity for 9,519
ratification of the resolution under this division, may amend 9,520
those fees within the prescribed ranges, provided that the 9,521
estimated revenues from the amended fees will not substantially 9,522
exceed the estimated revenues set forth in the district's budget 9,523
for calendar year 1994. Not later than seven days after the 9,524
adoption of such a resolution, the committee shall notify by 9,525
certified mail the owner or operator of each solid waste disposal 9,526
facility that is required to collect the fees of the adoption of 9,527
the resolution and of the amount of the amended fees. Collection 9,528
of the amended fees shall take effect on the first day of the 9,529
first month following the month in which the notification is sent 9,530
to the owner or operator. The fees established in such a 9,531
resolution shall remain in effect until the district's resolution 9,532
levying fees that was adopted and ratified under this division is 9,533
amended or repealed, and the amendment or repeal of the 9,534
resolution is ratified, in accordance with this division, to 9,535
amend or abolish the fees, the schedule of fees is amended or 9,536
abolished in an amended plan of the district approved under 9,537
section 3734.521 or division (A) or (D) of section 3734.56 of the 9,538
Revised Code, or the schedule of fees is amended or abolished 9,539
through an amendment to the district's plan under division (E) of 9,540
section 3734.56 of the Revised Code; the notification of the 9,541
amendment or abolishment of the fees has been given in accordance 9,542
with this division; and collection of the amended fees so 9,543
223
established commences, or collection of the fees ceases, in 9,544
accordance with this division.
Prior to the approval of the solid waste management plan of 9,546
the district under section 3734.55 of the Revised Code, the solid 9,547
waste management policy committee of a district may levy fees 9,548
under this division by adopting a resolution establishing the 9,549
proposed amount of the fees. Upon adopting the resolution, the 9,550
committee shall deliver a copy of the resolution to the board of 9,551
county commissioners of each county forming the district and to 9,552
the legislative authority of each municipal corporation and 9,553
township under the jurisdiction of the district and shall prepare 9,554
and publish the resolution and a notice of the time and location 9,555
where a public hearing on the fees will be held. Upon adopting 9,556
the resolution, the committee shall deliver written notice of the 9,557
adoption of the resolution; of the amount of the proposed fees; 9,558
and of the date, time, and location of the public hearing to the 9,559
director and to the fifty industrial, commercial, or 9,560
institutional generators of solid wastes within the district that 9,561
generate the largest quantities of solid wastes, as determined by 9,562
the committee, and to their local trade associations. The 9,563
committee shall make good faith efforts to identify those 9,564
generators within the district and their local trade 9,565
associations, but the nonprovision of notice under this division 9,566
to a particular generator or local trade association does not 9,567
invalidate the proceedings under this division. The publication 9,568
shall occur at least thirty days before the hearing. After the 9,569
hearing, the committee may make such revisions to the proposed 9,570
fees as it considers appropriate and thereafter, by resolution, 9,571
shall adopt the revised fee schedule. Upon adopting the revised 9,572
fee schedule, the committee shall deliver a copy of the 9,573
resolution doing so to the board of county commissioners of each 9,574
county forming the district and to the legislative authority of 9,575
each municipal corporation and township under the jurisdiction of 9,576
the district. Within sixty days after the delivery of a copy of 9,577
224
the resolution adopting the proposed revised fees by the policy 9,578
committee, each such board and legislative authority, by 9,579
ordinance or resolution, shall approve or disapprove the revised 9,580
fees and deliver a copy of the ordinance or resolution to the 9,581
committee. If any such board or legislative authority fails to 9,582
adopt and deliver to the policy committee an ordinance or 9,583
resolution approving or disapproving the revised fees within 9,584
sixty days after the policy committee delivered its resolution 9,585
adopting the proposed revised fees, it shall be conclusively 9,586
presumed that the board or legislative authority has approved the 9,587
proposed revised fees. 9,588
In the case of a county district or a joint district formed 9,590
by two or three counties, the committee shall declare the 9,591
proposed revised fees to be ratified as the fee schedule of the 9,592
district upon determining that the board of county commissioners 9,593
of each county forming the district has approved the proposed 9,594
revised fees and that the legislative authorities of a 9,595
combination of municipal corporations and townships with a 9,596
combined population within the district comprising at least sixty 9,597
per cent of the total population of the district have approved 9,598
the proposed revised fees, provided that in the case of a county 9,599
district, that combination shall include the municipal 9,600
corporation having the largest population within the boundaries 9,601
of the district, and provided further that in the case of a joint 9,602
district formed by two or three counties, that combination shall 9,603
include for each county forming the joint district the municipal 9,604
corporation having the largest population within the boundaries 9,605
of both the county in which the municipal corporation is located 9,606
and the joint district. In the case of a joint district formed 9,607
by four or more counties, the committee shall declare the 9,608
proposed revised fees to be ratified as the fee schedule of the 9,609
joint district upon determining that the boards of county 9,610
commissioners of a majority of the counties forming the district 9,611
have approved the proposed revised fees; that, in each of a 9,612
225
majority of the counties forming the joint district, the proposed 9,613
revised fees have been approved by the municipal corporation 9,614
having the largest population within the county and the joint 9,615
district; and that the legislative authorities of a combination 9,616
of municipal corporations and townships with a combined 9,617
population within the joint district comprising at least sixty 9,618
per cent of the total population of the joint district have 9,619
approved the proposed revised fees. 9,620
For the purposes of this division, only the population of 9,622
the unincorporated area of a township shall be considered. For 9,623
the purpose of determining the largest municipal corporation 9,624
within each county under this division, a municipal corporation 9,625
that is located in more than one solid waste management district, 9,626
but that is under the jurisdiction of one county or joint solid 9,627
waste management district in accordance with division (A) of 9,628
section 3734.52 of the Revised Code shall be considered to be 9,629
within the boundaries of the county in which a majority of the 9,630
population of the municipal corporation resides. 9,631
The committee may amend the schedule of fees levied 9,633
pursuant to a resolution or amended resolution adopted and 9,634
ratified under this division by adopting a resolution 9,635
establishing the proposed amount of the amended fees. The 9,636
committee may abolish the fees levied pursuant to such a 9,637
resolution or amended resolution by adopting a resolution 9,638
proposing to repeal them. Upon adopting such a resolution, the 9,639
committee shall proceed to obtain ratification of the resolution 9,640
in accordance with this division. 9,641
Not later than fourteen days after declaring the fees or 9,643
amended fees to be ratified under this division, the committee 9,644
shall notify by certified mail the owner or operator of each 9,645
solid waste disposal facility that is required to collect the 9,646
fees of the ratification and the amount of the fees. Collection 9,647
of any fees or amended fees ratified on or after March 24, 1992, 9,648
shall commence on the first day of the second month following the 9,649
226
month in which notification is sent to the owner or operator. 9,650
Not later than fourteen days after declaring the repeal of 9,652
the district's schedule of fees to be ratified under this 9,653
division, the committee shall notify by certified mail the owner 9,654
or operator of each facility that is collecting the fees of the 9,655
repeal. Collection of the fees shall cease on the first day of 9,656
the second month following the month in which notification is 9,657
sent to the owner or operator. 9,658
Not later than fourteen days after the director issues an 9,660
order approving a district's solid waste management plan under 9,661
section 3734.55 of the Revised Code or amended plan under 9,662
division (A) or (D) of section 3734.56 of the Revised Code that 9,663
establishes or amends a schedule of fees levied by the district, 9,664
or the ratification of an amendment to the district's approved 9,665
plan or amended plan under division (E) of section 3734.56 of the 9,666
Revised Code that establishes or amends a schedule of fees, as 9,667
appropriate, the committee shall notify by certified mail the 9,668
owner or operator of each solid waste disposal facility that is 9,669
required to collect the fees of the approval of the plan or 9,670
amended plan, or the amendment to the plan, as appropriate, and 9,671
the amount of the fees or amended fees. In the case of an 9,672
initial or amended plan approved under section 3734.521 of the 9,673
Revised Code in connection with a change in district composition, 9,674
other than one involving the withdrawal of a county from a joint 9,675
district, that establishes or amends a schedule of fees levied 9,676
under divisions (B)(1) to (3) of this section by a district 9,677
resulting from the change, the committee, within fourteen days 9,678
after the change takes effect pursuant to division (G) of that 9,679
section, shall notify by certified mail the owner or operator of 9,680
each solid waste disposal facility that is required to collect 9,681
the fees that the change has taken effect and of the amount of 9,682
the fees or amended fees. Collection of any fees set forth in a 9,683
plan or amended plan approved by the director on or after April 9,684
16, 1993, or an amendment of a plan or amended plan under 9,685
227
division (E) of section 3734.56 of the Revised Code that is 9,686
ratified on or after April 16, 1993, shall commence on the first 9,687
day of the second month following the month in which notification 9,688
is sent to the owner or operator. 9,689
Not later than fourteen days after the director issues an 9,691
order approving a district's plan under section 3734.55 of the 9,692
Revised Code or amended plan under division (A) or (D) of section 9,693
3734.56 of the Revised Code that abolishes the schedule of fees 9,694
levied under divisions (B)(1) to (3) of this section, or an 9,695
amendment to the district's approved plan or amended plan 9,696
abolishing the schedule of fees is ratified pursuant to division 9,697
(E) of section 3734.56 of the Revised Code, as appropriate, the 9,698
committee shall notify by certified mail the owner or operator of 9,699
each facility that is collecting the fees of the approval of the 9,700
plan or amended plan, or the amendment of the plan or amended 9,701
plan, as appropriate, and the abolishment of the fees. In the 9,702
case of an initial or amended plan approved under section 9,703
3734.521 of the Revised Code in connection with a change in 9,704
district composition, other than one involving the withdrawal of 9,705
a county from a joint district, that abolishes the schedule of 9,706
fees levied under divisions (B)(1) to (3) of this section by a 9,707
district resulting from the change, the committee, within 9,708
fourteen days after the change takes effect pursuant to division 9,709
(G) of that section, shall notify by certified mail the owner or 9,710
operator of each solid waste disposal facility that is required 9,711
to collect the fees that the change has taken effect and of the 9,712
abolishment of the fees. Collection of the fees shall cease on 9,713
the first day of the second month following the month in which 9,714
notification is sent to the owner or operator. 9,715
Except as otherwise provided in this division, if the 9,717
schedule of fees that a district is levying under divisions 9,718
(B)(1) to (3) of this section pursuant to a resolution or amended 9,719
resolution adopted and ratified under this division, the solid 9,720
waste management plan of the district approved under section 9,721
228
3734.55 of the Revised Code, an amended plan approved under 9,722
division (A) or (D) of section 3734.56 of the Revised Code, or an 9,723
amendment to the district's approved plan or amended plan under 9,724
division (E) of section 3734.56 of the Revised Code, is amended 9,725
by the adoption and ratification of an amendment to the 9,726
resolution or amended resolution or an amendment of the 9,727
district's approved plan or amended plan, the fees in effect 9,728
immediately prior to the approval of the plan or the amendment of 9,729
the resolution, amended resolution, plan, or amended plan, as 9,730
appropriate, shall continue to be collected until collection of 9,731
the amended fees commences pursuant to this division. 9,732
If, in the case of a change in district composition 9,734
involving the withdrawal of a county from a joint district, the 9,735
director completes the actions required under division (G)(1) or 9,736
(3) of section 3734.521 of the Revised Code, as appropriate, 9,737
forty-five days or more before the beginning of a calendar year, 9,738
the policy committee of each of the districts resulting from the 9,739
change that obtained the director's approval of an initial or 9,740
amended plan in connection with the change, within fourteen days 9,741
after the director's completion of the required actions, shall 9,742
notify by certified mail the owner or operator of each solid 9,743
waste disposal facility that is required to collect the 9,744
district's fees that the change is to take effect on the first 9,745
day of January immediately following the issuance of the notice 9,746
and of the amount of the fees or amended fees levied under 9,747
divisions (B)(1) to (3) of this section pursuant to the 9,748
district's initial or amended pan PLAN as so approved or, if 9,749
appropriate, the abolishment of the district's fees by that 9,750
initial or amended plan. Collection of any fees set forth in 9,751
such a plan or amended plan shall commence on the first day of 9,752
January immediately following the issuance of the notice. If 9,753
such an initial or amended plan abolishes a schedule of fees, 9,754
collection of the fees shall cease on that first day of January. 9,755
If, in the case of a change in district composition 9,757
229
involving the withdrawal of a county from a joint district, the 9,758
director completes the actions required under division (G)(1) or 9,759
(3) of section 3734.521 of the Revised Code, as appropriate, less 9,760
than forty-five days before the beginning of a calendar year, the 9,761
director, on behalf of each of the districts resulting from the 9,762
change that obtained the director's approval of an initial or 9,763
amended plan in connection with the change proceedings, shall 9,764
notify by certified mail the owner or operator of each solid 9,765
waste disposal facility that is required to collect the 9,766
district's fees that the change is to take effect on the first 9,767
day of January immediately following the mailing of the notice 9,768
and of the amount of the fees or amended fees levied under 9,769
divisions (B)(1) to (3) of this section pursuant to the 9,770
district's initial or amended plan as so approved or, if 9,771
appropriate, the abolishment of the district's fees by that 9,772
initial or amended plan. Collection of any fees set forth in 9,773
such a plan or amended plan shall commence on the first day of 9,774
the second month following the month in which notification is 9,775
sent to the owner or operator. If such an initial or amended 9,776
plan abolishes a schedule of fees, collection of the fees shall 9,777
cease on the first day of the second month following the month in 9,778
which notification is sent to the owner or operator. 9,779
In the case of a change in district composition, the 9,781
schedule of fees that the former districts that existed prior to 9,782
the change were levying under divisions (B)(1) to (3) of this 9,783
section pursuant to a resolution or amended resolution adopted 9,784
and ratified under this division, the solid waste management plan 9,785
of a former district approved under section 3734.521 or 3734.55 9,786
of the Revised Code, an amended plan approved under section 9,787
3734.521 or division (A) or (D) of section 3734.56 of the Revised 9,788
Code, or an amendment to a former district's approved plan or 9,789
amended plan under division (E) of section 3734.56 of the Revised 9,790
Code, and that were in effect on the date that the director 9,791
completed the actions required under division (G)(1) or (3) of 9,792
230
section 3734.521 of the Revised Code shall continue to be 9,793
collected until the collection of the fees or amended fees of the 9,794
districts resulting from the change is required to commence, or 9,795
if an initial or amended plan of a resulting district abolishes a 9,796
schedule of fees, collection of the fees is required to cease, 9,797
under this division. Moneys so received from the collection of 9,798
the fees of the former districts shall be divided among the 9,799
resulting districts in accordance with division (B) of section 9,800
343.012 of the Revised Code and the agreements entered into under 9,801
division (B) of section 343.01 of the Revised Code to establish 9,802
the former and resulting districts and any amendments to those 9,803
agreements. 9,804
For the purposes of the provisions of division (B) of this 9,806
section establishing the times when newly established or amended 9,807
fees levied by a district are required to commence and the 9,808
collection of fees that have been amended or abolished is 9,809
required to cease, "fees" or "schedule of fees" includes, in 9,810
addition to fees levied under divisions (B)(1) to (3) of this 9,811
section, those levied under section 3734.573 or 3734.574 of the 9,812
Revised Code. 9,813
(C) For the purposes of defraying the added costs to a 9,815
municipal corporation or township of maintaining roads and other 9,816
public facilities and of providing emergency and other public 9,817
services, and compensating a municipal corporation or township 9,818
for reductions in real property tax revenues due to reductions in 9,819
real property valuations resulting from the location and 9,820
operation of a solid waste disposal facility within the municipal 9,821
corporation or township, a municipal corporation or township in 9,822
which such a solid waste disposal facility is located may levy a 9,823
fee of not more than twenty-five cents per ton on the disposal of 9,824
solid wastes at a solid waste disposal facility located within 9,825
the boundaries of the municipal corporation or township 9,826
regardless of where the wastes were generated. 9,827
The legislative authority of a municipal corporation or 9,829
231
township may levy fees under this division by enacting an 9,830
ordinance or adopting a resolution establishing the amount of the 9,831
fees. Upon so doing the legislative authority shall mail a 9,832
certified copy of the ordinance or resolution to the board of 9,833
county commissioners or directors of the county or joint solid 9,834
waste management district in which the municipal corporation or 9,835
township is located or, if a regional solid waste management 9,836
authority has been formed under section 343.011 of the Revised 9,837
Code, to the board of trustees of that regional authority, the 9,838
owner or operator of each solid waste disposal facility in the 9,839
municipal corporation or township that is required to collect the 9,840
fee by the ordinance or resolution, and the director of 9,841
environmental protection. Although the fees levied under this 9,842
division are levied on the basis of tons as the unit of 9,843
measurement, the legislative authority, in its ordinance or 9,844
resolution levying the fees under this division, may direct that 9,845
the fees be levied on the basis of cubic yards as the unit of 9,846
measurement based upon a conversion factor of three cubic yards 9,847
per ton generally or one cubic yard per ton for baled wastes. 9,848
Not later than five days after enacting an ordinance or 9,850
adopting a resolution under this division, the legislative 9,851
authority shall so notify by certified mail the owner or operator 9,852
of each solid waste disposal facility that is required to collect 9,853
the fee. Collection of any fee levied on or after March 24, 9,854
1992, shall commence on the first day of the second month 9,855
following the month in which notification is sent to the owner or 9,856
operator. 9,857
(D)(1) The fees levied under divisions (A), (B), and (C) 9,859
of this section do not apply to the disposal of solid wastes 9,861
that:
(a) Are disposed of at a facility owned by the generator 9,863
of the wastes when the solid waste facility exclusively disposes 9,864
of solid wastes generated at one or more premises owned by the 9,865
generator regardless of whether the facility is located on a 9,866
232
premises where the wastes are generated; 9,867
(b) Are disposed of at facilities that exclusively dispose 9,869
of wastes that are generated from the combustion of coal, or from 9,870
the combustion of primarily coal in combination with scrap tires, 9,871
that is not combined in any way with garbage at one or more 9,872
premises owned by the generator. 9,873
(2) Except as provided in section 3734.571 of the Revised 9,875
Code, any fees levied under division (B)(1) of this section apply 9,876
to solid wastes originating outside the boundaries of a county or 9,877
joint district that are covered by an agreement for the joint use 9,878
of solid waste facilities entered into under section 343.02 of 9,879
the Revised Code by the board of county commissioners or board of 9,880
directors of the county or joint district where the wastes are 9,881
generated and disposed of. 9,882
(3) When solid wastes, other than solid wastes that 9,884
consist of scrap tires, are burned in a disposal facility that is 9,885
an incinerator or energy recovery facility, the fees levied under 9,886
divisions (A), (B), and (C) of this section shall be levied upon 9,888
the disposal of the fly ash and bottom ash remaining after 9,889
burning of the solid wastes and shall be collected by the owner 9,890
or operator of the sanitary landfill where the ash is disposed 9,891
of.
(4) When solid wastes are delivered to a solid waste 9,893
transfer facility, the fees levied under divisions (A), (B), and 9,894
(C) of this section shall be levied upon the disposal of solid 9,896
wastes transported off the premises of the transfer facility for 9,897
disposal and shall be collected by the owner or operator of the 9,898
solid waste disposal facility where the wastes are disposed of. 9,899
(5) The fees levied under divisions (A), (B), and (C) of 9,901
this section do not apply to sewage sludge that is generated by a 9,902
waste water treatment facility holding a national pollutant 9,903
discharge elimination system permit and that is disposed of 9,904
through incineration, land application, or composting or at 9,905
another resource recovery or disposal facility that is not a 9,906
233
landfill. 9,907
(6) The fees levied under divisions (A), (B), and (C) of 9,909
this section do not apply to solid wastes delivered to a solid 9,910
waste composting facility for processing. When any unprocessed 9,911
solid waste or compost product is transported off the premises of 9,912
a composting facility and disposed of at a landfill, the fees 9,913
levied under divisions (A), (B), and (C) of this section shall be 9,914
collected by the owner or operator of the landfill where the 9,915
unprocessed waste or compost product is disposed of. 9,916
(7) When solid wastes that consist of scrap tires are 9,918
processed at a scrap tire recovery facility, the fees levied 9,919
under divisions (A), (B), and (C) of this section shall be levied 9,921
upon the disposal of the fly ash and bottom ash or other solid 9,922
wastes remaining after the processing of the scrap tires and 9,923
shall be collected by the owner or operator of the solid waste 9,924
disposal facility where the ash or other solid wastes are 9,925
disposed of.
(E) The fees levied under divisions (B) and (C) of this 9,928
section shall be collected by the owner or operator of the solid 9,929
waste disposal facility where the wastes are disposed of as a 9,930
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 9,931
from the fees levied under division (B) of this section shall be 9,933
forwarded to the board of county commissioners or board of 9,934
directors of the district in accordance with rules adopted under 9,935
division (H) of this section. Moneys from the fees levied under 9,936
division (C) of this section shall be forwarded to the treasurer 9,937
or such other officer of the municipal corporation as, by virtue 9,938
of the charter, has the duties of the treasurer or to the clerk 9,939
of the township, as appropriate, in accordance with those rules. 9,940
(F) Moneys received by the treasurer or such other officer 9,942
of the municipal corporation under division (E) of this section 9,943
shall be paid into the general fund of the municipal corporation. 9,944
Moneys received by the clerk of the township under that division 9,945
234
shall be paid into the general fund of the township. The 9,946
treasurer or such other officer of the municipal corporation or 9,947
the clerk, as appropriate, shall maintain separate records of the 9,948
moneys received from the fees levied under division (C) of this 9,949
section. 9,950
(G) Moneys received by the board of county commissioners 9,952
or board of directors under division (E) of this section or 9,953
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 9,954
Code shall be paid to the county treasurer, or other official 9,955
acting in a similar capacity under a county charter, in a county 9,956
district or to the county treasurer or other official designated 9,957
by the board of directors in a joint district and kept in a 9,958
separate and distinct fund to the credit of the district. If a 9,959
regional solid waste management authority has been formed under 9,960
section 343.011 of the Revised Code, moneys received by the board 9,961
of trustees of that regional authority under division (E) of this 9,962
section shall be kept by the board in a separate and distinct 9,963
fund to the credit of the district. Moneys in the special fund 9,964
of the county or joint district arising from the fees levied 9,965
under division (B) of this section and the fee levied under 9,967
division (A) of section 3734.573 of the Revised Code shall be 9,968
expended by the board of county commissioners or directors of the 9,969
district in accordance with the district's solid waste management 9,970
plan or amended plan approved under section 3734.521, 3734.55, or 9,971
3734.56 of the Revised Code exclusively for the following 9,972
purposes:
(1) Preparation of the solid waste management plan of the 9,974
district under section 3734.54 of the Revised Code, monitoring 9,975
implementation of the plan, and conducting the periodic review 9,976
and amendment of the plan required by section 3734.56 of the 9,977
Revised Code by the solid waste management policy committee; 9,978
(2) Implementation of the approved solid waste management 9,980
plan or amended plan of the district, including, without 9,981
limitation, the development and implementation of solid waste 9,982
235
recycling or reduction programs; 9,983
(3) Providing financial assistance to boards of health 9,985
within the district, if solid waste facilities are located within 9,986
the district, for enforcement of this chapter and rules, orders, 9,987
and terms and conditions of permits, licenses, and variances 9,989
adopted or issued under it, other than the hazardous waste 9,990
provisions of this chapter and rules adopted and orders and terms 9,991
and conditions of permits issued under those provisions; 9,993
(4) Providing financial assistance to each county within 9,995
the district to defray the added costs of maintaining roads and 9,996
other public facilities and of providing emergency and other 9,997
public services resulting from the location and operation of a 9,998
solid waste facility within the county under the district's 9,999
approved solid waste management plan or amended plan; 10,000
(5) Pursuant to contracts entered into with boards of 10,002
health within the district, if solid waste facilities contained 10,003
in the district's approved plan or amended plan are located 10,004
within the district, for paying the costs incurred by those 10,005
boards of health for collecting and analyzing samples from public 10,006
or private water wells on lands adjacent to those facilities; 10,007
(6) Developing and implementing a program for the 10,009
inspection of solid wastes generated outside the boundaries of 10,010
this state that are disposed of at solid waste facilities 10,011
included in the district's approved solid waste management plan 10,012
or amended plan; 10,013
(7) Providing financial assistance to boards of health 10,015
within the district for the enforcement of section 3734.03 of the 10,016
Revised Code or to local law enforcement agencies having 10,017
jurisdiction within the district for enforcing anti-littering 10,018
laws and ordinances; 10,019
(8) Providing financial assistance to boards of health of 10,021
health districts within the district that are on the approved 10,022
list under section 3734.08 of the Revised Code to defray the 10,023
costs to the health districts for the participation of their 10,024
236
employees responsible for enforcement of the solid waste 10,025
provisions of this chapter and rules adopted and orders and terms 10,026
and conditions of permits, licenses, and variances issued under 10,027
those provisions in the training and certification program as 10,028
required by rules adopted under division (L) of section 3734.02 10,029
of the Revised Code; 10,030
(9) Providing financial assistance to individual municipal 10,032
corporations and townships within the district to defray their 10,033
added costs of maintaining roads and other public facilities and 10,034
of providing emergency and other public services resulting from 10,035
the location and operation within their boundaries of a 10,036
composting, energy or resource recovery, incineration, or 10,037
recycling facility that either is owned by the district or is 10,038
furnishing solid waste management facility or recycling services 10,039
to the district pursuant to a contract or agreement with the 10,040
board of county commissioners or directors of the district; 10,041
(10) Payment of any expenses that are agreed to, awarded, 10,043
or ordered to be paid under section 3734.35 of the Revised Code 10,044
and of any administrative costs incurred pursuant to that 10,045
section. In the case of a joint solid waste management district, 10,046
if the board of county commissioners of one of the counties in 10,047
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 10,048
the approval of the board of directors of the district in order 10,049
to expend moneys for administrative costs incurred. 10,050
Prior to the approval of the district's solid waste 10,052
management plan under section 3734.55 of the Revised Code, moneys 10,053
in the special fund of the district arising from the fees shall 10,055
be expended for those purposes in the manner prescribed by the 10,057
solid waste management policy committee by resolution. 10,058
Notwithstanding division (G)(6) of this section as it 10,061
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 10,064
with division (B)(2)(e) of section 3734.53 of the Revised Code as 10,065
237
it existed prior to that date, any moneys arising from the fees 10,066
levied under division (B)(3) of this section prior to January 1, 10,067
1994, may be expended for any of the purposes authorized in 10,068
divisions (G)(1) to (10) of this section. 10,069
(H) The director shall adopt rules in accordance with 10,072
Chapter 119. of the Revised Code prescribing procedures for 10,073
collecting and forwarding the fees levied under divisions (B) and 10,074
(C) of this section to the boards of county commissioners or 10,075
directors of county or joint solid waste management districts and 10,076
to the treasurers or other officers of municipal corporations or 10,077
to the clerks of townships. The rules also shall prescribe the 10,078
dates for forwarding the fees to the boards and officials and may 10,079
prescribe any other requirements the director considers necessary 10,080
or appropriate to implement and administer divisions (A), (B), 10,081
and (C) of this section. Collection of the fees levied under 10,082
division (A)(1) of this section shall commence on July 1, 1993. 10,083
Collection of the fees levied under division (A)(2) of this 10,085
section shall commence on January 1, 1994. 10,086
Sec. 3734.82. (A) The annual fee for a scrap tire 10,095
recovery facility license issued under section 3734.81 of the 10,096
Revised Code shall be in accordance with the following schedule: 10,097
Daily Design Input Annual License 10,099
Capacity (Tons) Fee 10,100
1 or less $ 100 10,101
2 to 25 500 10,102
26 to 50 1,000 10,103
51 to 100 1,500 10,104
101 to 200 2,500 10,105
201 to 500 3,500 10,106
501 or more 5,500 10,107
For the purpose of determining the applicable license fee 10,110
under this division, the daily design input capacity shall be the 10,111
quantity of scrap tires the facility is designed to process daily 10,112
as set forth in the registration certificate or permit for the 10,113
238
facility, and any modifications to the permit, if applicable, 10,114
issued under section 3734.78 of the Revised Code. 10,115
(B) The annual fee for a scrap tire monocell or monofill 10,117
facility license shall be in accordance with the following 10,118
schedule: 10,119
Authorized Maximum Annual License 10,121
Daily Waste Receipt Fee 10,122
(Tons) 10,123
100 or less $ 5,000 10,124
101 to 200 12,500 10,125
201 to 500 30,000 10,126
501 or more 60,000 10,127
For the purpose of determining the applicable license fee 10,130
under this division, the authorized maximum daily waste receipt 10,131
shall be the maximum amount of scrap tires the facility is 10,132
authorized to receive daily that is established in the permit for 10,133
the facility, and any modification to that permit, issued under 10,134
section 3734.77 of the Revised Code. 10,135
(C)(1) Except as otherwise provided in division (C)(2) of 10,137
this section, the annual fee for a scrap tire storage facility 10,138
license shall equal one thousand dollars times the number of 10,139
acres on which scrap tires are to be stored at the facility 10,140
during the license year, as set forth on the application for the 10,141
annual license, except that the total annual license fee for any 10,142
such facility shall not exceed three thousand dollars. 10,143
(2) The annual fee for a scrap tire storage facility 10,145
license for a storage facility that is owned or operated by a 10,146
motor vehicle salvage dealer licensed under Chapter 4738. of the 10,147
Revised Code is one hundred dollars. 10,148
(D)(1) Except as otherwise provided in division (D)(2) of 10,150
this section, the annual fee for a scrap tire collection facility 10,151
license is two hundred dollars. 10,152
(2) The annual fee for a scrap tire collection facility 10,154
license for a collection facility that is owned or operated by a 10,155
239
motor vehicle salvage dealer licensed under Chapter 4738. of the 10,156
Revised Code is fifty dollars. 10,157
(E) Except as otherwise provided in divisions (C)(2) and 10,159
(D)(2) of this section, the same fees apply to private operators 10,160
and to the state and its political subdivisions and shall be paid 10,161
within thirty days after the issuance of a license. The fees 10,162
include the cost of licensing, all inspections, and other costs 10,163
associated with the administration of the scrap tire provisions 10,164
of this chapter and rules adopted under them. Each license shall 10,165
specify that it is conditioned upon payment of the applicable fee 10,166
to the board of health or the director of environmental 10,167
protection, as appropriate, within thirty days after the issuance 10,169
of the license.
(F) The board of health shall retain fifteen thousand 10,171
dollars of each license fee collected by the board under division 10,172
(B) of this section, or the entire amount of any such fee that is 10,173
less than fifteen thousand dollars, and the entire amount of each 10,174
license fee collected by the board under divisions (A), (C), and 10,175
(D) of this section. The moneys retained shall be paid into a 10,176
special fund, which is hereby created in each health district, 10,177
and used solely to administer and enforce the scrap tire 10,178
provisions of this chapter and rules adopted under them. The 10,179
remainder, if any, of each license fee collected by the board 10,180
under division (B) of this section shall be transmitted to the 10,181
director within forty-five days after receipt of the fee. 10,183
(G) The director shall transmit the moneys received by the 10,185
director from license fees collected under division (B) of this 10,186
section to the treasurer of state to be credited to the scrap 10,187
tire management fund, which is hereby created in the state 10,188
treasury. The fund shall consist of all federal moneys received 10,189
by the environmental protection agency for the scrap tire 10,190
management program; all grants, gifts, and contributions made to 10,191
the director for that program; and all other moneys that may be 10,192
provided by law for that program. The director shall use moneys 10,193
240
in the fund as follows: 10,194
(1) Expend not more than seven hundred fifty thousand 10,196
dollars during each fiscal year to implement, administer, and 10,198
enforce the scrap tire provisions of this chapter and rules 10,199
adopted under them; 10,200
(2) For fiscal years 1998 and 1999, grant not more than 10,204
one hundred fifty thousand dollars during each fiscal year to the 10,205
polymer institute at the university of Akron for the purpose of 10,206
expediting research concerning and evaluation of alternative 10,207
methods of recycling scrap tires. The institute shall report to 10,208
the director annually concerning research programs under review, 10,209
and the results of scrap tire recycling experiments conducted, by 10,210
or in conjunction with the institute. The university shall 10,211
report to the director biennially concerning the expenditures of 10,212
moneys received by the institute under division (G)(2) of this 10,213
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 10,216
request the director of budget and management to, and the 10,218
director of budget and management shall, transfer one million 10,219
dollars to the facilities establishment SCRAP TIRE LOANS AND 10,220
GRANTS fund created in section 166.03 166.032 of the Revised Code 10,221
for the purposes specified in that section; 10,222
(4) Annually transfer to the central support indirect fund 10,224
created in section 3745.014 of the Revised Code an amount equal 10,226
to not more than twelve per cent of each fiscal year's 10,227
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 10,229
more than three million five hundred thousand dollars are 10,231
credited to the scrap tire management fund, the director, at the 10,232
conclusion of the fiscal year, shall request the director of 10,234
budget and management to, and the director of budget and 10,235
management shall, transfer to the facilities establishment SCRAP 10,237
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 10,239
scrap tire management fund in excess of that amount. 10,240
241
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 10,243
more than three million five hundred thousand dollars are 10,244
credited to the scrap tire management fund during the preceding 10,245
fiscal year, the director shall expend during the current fiscal 10,246
year one-half of that excess amount to conduct removal operations 10,247
under section 3734.85 of the Revised Code. 10,248
(I) After the actions in divisions (G)(1) to (4) and (H) 10,251
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 10,252
remaining from prior fiscal years in the scrap tire management 10,254
fund to conduct removal actions under section 3734.85 of the 10,255
Revised Code. Prior to using any moneys in the fund for that 10,256
purpose in a fiscal year, the director shall request the approval 10,257
of the controlling board for that use of the moneys. The request 10,258
shall be accompanied by a plan describing the removal actions to 10,259
be conducted during the fiscal year and an estimate of the costs 10,260
of conducting them. The controlling board shall approve the plan 10,261
only if the board finds that the proposed removal actions are in 10,262
accordance with the priorities set forth in division (B) of 10,263
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 10,265
Sec. 3734.87. Not later than five years after the 10,274
effective date of this section DURING THE YEARS 2002 AND 2006, 10,275
the director of environmental protection shall submit a report to 10,276
the speaker of the house of representatives and the president of 10,277
the senate concerning the implementation, administration, and 10,278
enforcement of the scrap tire provisions of this chapter and 10,279
rules adopted under them, including at least a discussion of the 10,280
expenditure of moneys from the scrap tire management fund created 10,281
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 10,282
implementation, administration, and enforcement. 10,283
Sec. 3734.901. (A) For the purpose of providing revenue 10,292
to defray the cost of administering and enforcing the scrap tire 10,293
242
provisions of this chapter, rules adopted under those provisions, 10,294
and terms and conditions of orders, variances, and licenses 10,295
issued under those provisions; to abate accumulations of scrap 10,296
tires; to make grants to promote research regarding alternative 10,297
methods of recycling scrap tires and loans to promote the 10,298
recycling or recovery of energy from scrap tires; and to defray 10,299
the costs of administering and enforcing sections 3734.90 to 10,300
3734.9014 of the Revised Code, a fee of fifty cents per tire is 10,301
hereby levied on the sale of tires. The fee is levied from the 10,302
first day of the calendar month that begins next after thirty 10,303
days from the effective date of this section OCTOBER 29, 1993, 10,305
through June 30, 2000 2006. 10,306
(B) Only one sale of the same article shall be used in 10,308
computing the amount of the fee due. 10,309
Sec. 3742.03. Not later than six months after the 10,319
effective date of this section, the THE public health council 10,321
shall adopt rules in accordance with Chapter 119. of the Revised 10,322
Code for the administration and enforcement of this chapter. The 10,323
rules shall specify all of the following: 10,324
(A) Procedures to be followed by any individual licensed 10,326
under section 3742.05 of the Revised Code for undertaking lead 10,327
abatement activities; 10,328
(B)(1) Requirements for training and licensure, in 10,330
addition to those established under section 3742.08 of the 10,331
Revised Code, to include levels of training and periodic 10,332
refresher training for each class of worker, and to be used for 10,333
licensure under section 3742.05 of the Revised Code. These 10,334
requirements shall include at least twenty-four classroom hours 10,335
of training based on the Occupational Safety and Health Act 10,336
training program for lead set forth in 29 C.F.R. 1926.62. In 10,337
establishing the training and licensure requirements, the public 10,338
health council shall consider the core of information that is 10,339
needed by all licensed persons, and establish the training 10,340
requirements so that persons who would seek licenses in more than 10,341
243
one area would not have to take duplicative course work. 10,342
(2) Persons certified by the American board of industrial 10,344
hygiene as a certified industrial hygienist (CIH) or as an 10,345
industrial hygienist-in-training (IHIT), and persons registered 10,346
as a sanitarian or sanitarian-in-training under Chapter 4736. of 10,347
the Revised Code, shall be exempt from any training requirements 10,348
for initial licensure established under this chapter, but shall 10,349
be required to take any examinations for licensure required under 10,350
section 3742.05 of the Revised Code. 10,351
(C) Fees for licenses issued under section 3742.05 of the 10,353
Revised Code and for their renewal. The public health council 10,355
may establish an "examination only" fee for licensure of persons 10,356
who are exempt from training requirements for licensure but who 10,358
are required to take examinations for licensure.; 10,360
(D) Procedures to be followed by lead inspectors, lead 10,362
abatement contractors, environmental lead analytical 10,363
laboratories, lead risk assessors, lead abatement project 10,364
designers, and lead abatement workers to prevent public exposure 10,365
to lead hazards and ensure worker protection during lead 10,366
abatement projects; 10,367
(E)(1) Record-keeping and reporting requirements for 10,369
clinical laboratories, environmental lead analytical 10,370
laboratories, lead inspectors, lead abatement contractors, lead 10,371
risk assessors, lead abatement project designers, and lead 10,372
abatement workers for lead abatement projects; 10,373
(2) Record-keeping and reporting requirements regarding 10,375
lead poisoning for physicians, in addition to the requirements of 10,376
section 3701.25 of the Revised Code; 10,377
(3) Information that is required to be reported under 10,379
rules based on divisions (E)(1) and (2) of this section and that 10,380
is a medical record is not a public record under section 149.43 10,381
of the Revised Code and shall not be released, except in 10,382
aggregate statistical form. 10,383
(F) Procedures for inspections conducted by the director 10,385
244
of health or a board of health under section 3742.12 or 3742.13 10,386
of the Revised Code; 10,387
(G) The level of lead in lead-based paint, 10,389
lead-contaminated dust, and lead-contaminated soil that is 10,390
hazardous to human health; 10,391
(H) The level of lead in human blood that is hazardous to 10,393
human health according to information obtained from the centers 10,394
for disease control and prevention in the public health service 10,395
of the United States department of health and human services; 10,396
(I) Environmental sampling techniques for use in 10,398
collecting samples of air, water, paint, and other materials; 10,399
(J) Requirements for a respiratory protection plan 10,401
prepared in accordance with section 3742.07 of the Revised Code; 10,402
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 10,405
abatement systems and abatement products SYSTEM OR PRODUCT MUST 10,406
demonstrate evidence of safety and durability of their products 10,407
ITS SYSTEM OR PRODUCT by providing results of testing from an 10,409
independent laboratory that indicate INDICATING that the products 10,410
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 10,413
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 10,414
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 10,415
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 10,416
(L) Procedures to be followed by the public health council 10,418
in revising its rules to ensure that lead-hazard activities 10,419
meeting the provisions of this chapter continue to be eligible 10,420
for federal funding and meet the requirements promulgated by 10,421
regulation by the United States environmental protection agency, 10,422
the United States department of housing and urban development, 10,423
and other federal agencies that may have jurisdiction over lead 10,424
hazards; 10,425
(M) Any other requirements the council considers 10,427
appropriate for the administration or enforcement of this 10,428
chapter. 10,429
245
Sec. 3742.04. (A) The director of health shall do all of 10,438
the following: 10,439
(1) Administer and enforce the requirements of this 10,441
chapter and the rules adopted pursuant to it; 10,442
(2)(a) Conduct research and disseminate information on the 10,444
number, extent, and general geographic location of 10,445
lead-contaminated structures, which may include a statewide 10,446
survey and may include the establishment of a unit for the 10,447
collection and analysis of data on lead-hazard detection and 10,448
lead-hazard reduction activities, including the licensing, 10,449
certification, accreditation, APPROVAL, and enforcement 10,450
activities under this chapter; 10,451
(b) Update information and data collected or disseminated 10,453
under division (A)(2)(a) of this section to include the results 10,454
of an inspection or assessment conducted pursuant to section 10,455
3742.14 of the Revised Code, when a report based on that 10,456
inspection is provided to the director pursuant to rules adopted 10,457
by the public health council under section 3742.03 of the Revised 10,458
Code. 10,459
(3) Examine records and reports submitted by lead 10,461
inspectors, lead abatement contractors, lead risk assessors, lead 10,462
abatement project designers, and lead abatement workers in 10,463
accordance with section 3742.05 of the Revised Code to determine 10,464
whether the requirements of this chapter are being met; 10,465
(4) Examine records and reports submitted by physicians, 10,467
clinical laboratories, and environmental lead analytical 10,468
laboratories under section 3701.25 or 3742.09 of the Revised 10,469
Code; 10,470
(5) Issue approval to manufacturers of lead abatement 10,472
systems or products that have done all of the following: 10,473
(a) Submitted an application for approval to the director 10,475
on a form prescribed by the director; 10,476
(b) Paid the application fee established by the director; 10,478
(c) Submitted results from an independent laboratory 10,480
246
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 10,482
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 10,483
established IN RULES ADOPTED under division (K) of section 10,484
3742.03 of the Revised Code; 10,485
(d) Complied with rules adopted by the public health 10,487
council regarding durability and safety to workers and residents. 10,488
(6) Establish liaisons and cooperate with the directors or 10,490
agencies in states having lead abatement, accreditation, 10,491
licensing, and ACCREDITATION, certification, AND APPROVAL 10,493
programs to promote consistency between the requirements of this 10,494
chapter and those of other states in order to facilitate 10,495
reciprocity of licensing, certification, and accreditation THE 10,496
PROGRAMS among states.
(B) In addition to any other authority granted by this 10,498
chapter, the director of health may do any of the following: 10,499
(1) Employ persons who have received training from a 10,501
program the director has determined provides the necessary 10,502
background. The appropriate training may be obtained in a state 10,503
that has an ongoing lead abatement program under which it 10,504
conducts educational programs. 10,505
(2) Conduct lead abatement training programs and licensure 10,507
examinations, and collect fees to cover the cost of conducting 10,508
them; 10,509
(3) Conduct or cooperate with other state agencies to 10,511
conduct programs of public education on the nature and 10,512
consequences of lead hazards and on the need for lead-hazard 10,513
reduction activities to be conducted under careful supervision by 10,514
licensed and accredited personnel; 10,515
(4)(3) Cooperate with the United States environmental 10,517
protection agency in any joint oversight procedures the agency 10,518
may propose for laboratories that offer lead analysis services 10,519
and are accredited under the EPA AGENCY'S laboratory 10,520
accreditation program; 10,521
(5)(4) Advise, consult, cooperate with, or enter into 10,523
247
contracts or cooperative agreements with any person, government 10,524
entity, interstate agency, or the federal government as he THE 10,525
DIRECTOR considers necessary to fulfill the requirements of this 10,526
chapter and the rules adopted under it. 10,527
Sec. 3742.05. (A)(1) The director of health shall issue 10,536
lead inspector, lead abatement contractor, lead risk assessor, 10,537
lead abatement project designer, and lead abatement worker 10,538
licenses. The director shall issue a license to an applicant who 10,539
meets all of the following requirements: 10,540
(a) Submits an application to the director on a form 10,542
prescribed by the director; 10,543
(b) Meets the licensing and training requirements 10,545
established by the public health council under section 3742.03 of 10,546
the Revised Code; 10,547
(c) Successfully completes the licensing examination for 10,549
his THE APPLICANT'S area of expertise approved by the director 10,551
ADMINISTERED under section 3742.08 of the Revised Code and any 10,552
training required by the director under that section; 10,553
(d) Pays the license fee established by the public health 10,555
council under section 3742.03 of the Revised Code; 10,556
(e) Provides any information the director may require to 10,558
demonstrate the applicant's compliance with this chapter and the 10,559
rules adopted under it. 10,560
(2) An individual may hold more than one license issued 10,562
under this division, but a separate application is required for 10,563
each license. 10,564
(B) A license issued under this section expires two years 10,566
after the date of issuance. The director shall renew a license 10,567
in accordance with the standard renewal procedure set forth in 10,568
Chapter 4745. of the Revised Code, if the licensee does all of 10,569
the following: 10,570
(1) Continues to meet the requirements of division (A) of 10,572
this section; 10,573
(2) Demonstrates compliance with procedures to prevent 10,575
248
public exposure to lead hazards and for worker protection during 10,576
lead abatement projects established by rule adopted by the public 10,577
health council under section 3742.03 of the Revised Code; 10,578
(3) Meets the record-keeping and reporting requirements 10,580
for lead abatement projects established by rule adopted by the 10,581
public health council under section 3742.03 of the Revised Code; 10,582
(4) Pays the license renewal fee established by rule 10,584
adopted by the public health council under section 3742.03 of the 10,585
Revised Code. 10,586
(C) An individual licensed, certified, or otherwise 10,588
approved under the law of another state to perform functions 10,589
substantially similar to those of a lead inspector, lead 10,590
abatement contractor, lead risk assessor, lead abatement project 10,591
designer, or lead abatement worker may apply to the director of 10,592
health for licensure in accordance with the procedures set forth 10,593
in division (A) of this section. The director shall license an 10,594
individual under this division on a determination that the 10,595
standards for licensure, certification, or approval in that state 10,596
are at least substantially equivalent to those established by 10,597
this chapter and the rules adopted under it. The director may 10,598
require an examination for licensure under this division. 10,599
Sec. 3742.08. (A)(1) The director of health shall 10,608
conduct, specify requirements by rule, or approve training 10,609
programs and examinations for licensure of lead inspectors, lead 10,610
abatement contractors, lead risk assessors, lead abatement 10,611
project designers, and lead abatement workers. In accordance 10,612
with Chapter 119. of the Revised Code, the director shall adopt 10,613
rules establishing all of the following: 10,614
(1)(a) A system for accreditation of training programs and 10,616
the requirements for accreditation, including curriculum 10,617
requirements, hour requirements, hands-on training requirements, 10,618
trainee competency and proficiency requirements, and requirements 10,619
for quality control; 10,620
(2) Procedures and criteria for approval of licensing 10,622
249
examinations and the qualifications of examination 10,623
administrators; 10,624
(3)(b) Fees for application for approval of a training 10,626
program and for participating in any program conducted by the 10,627
director; 10,628
(4) Fees for licensing examinations; 10,630
(5)(c) Any other requirements pertinent to the operation 10,632
of a training program or an examination. 10,633
(B)(2) Each applicant for approval of a training program 10,635
or examination shall submit a completed application to the 10,636
director on a form the director shall prescribe and provide. The 10,637
director shall issue the appropriate EVIDENCE OF approval to each 10,638
applicant who meets the requirements of division (A)(1) of this 10,640
section and the criteria for approval established by rule adopted 10,641
under THIS section 3742.03 of the Revised Code and pays the fee. 10,642
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 10,644
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 10,645
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 10,646
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 10,647
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 10,648
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 10,649
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 10,650
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 10,652
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 10,653
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 10,654
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 10,656
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 10,657
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 10,658
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 10,659
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 10,660
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 10,661
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 10,662
DIVISION.
250
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 10,671
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 10,672
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 10,673
collected by the director of health under this chapter and any 10,675
grant, contribution, or other moneys received by him for the 10,676
purposes of this chapter shall be deposited into the state 10,678
treasury to the credit of the lead program fund, which is hereby 10,679
created. The moneys in the fund shall be used solely for the 10,680
administration and enforcement of this chapter and the rules 10,681
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 10,690
licenses, variances, plan approvals, and certifications issued by 10,691
the director of environmental protection pursuant to Chapters 10,692
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 10,693
fee to the environmental protection agency for each such issuance 10,694
and each application for an issuance as provided by this section. 10,695
No fee shall be charged for any issuance for which no application 10,696
has been submitted to the director. 10,697
(B) Prior to January 1, 1994, each person issued a permit 10,699
to operate, variance, or permit to install under section 3704.03 10,700
of the Revised Code shall pay the fees specified in the following 10,701
schedule: 10,702
(1) Fuel-Burning Equipment 10,704
Input capacity 10,706
(million British Permit Permit 10,707
thermal units to to 10,709
per hour) operate Variance install 10,712
0 or more, but 10,715
less than 10 $ 75 $225 $ 100
10 or more, but 10,716
less than 100 210 450 390
100 or more, but 10,717
less than 300 270 675 585
251
300 or more, but 10,718
less than 500 330 900 780
500 or more 500 975 1000 10,719
Any fuel-burning equipment using only natural gas, propane, 10,722
liquefied petroleum gas, or number two or lighter fuel oil shall 10,723
be assessed a fee one-half of that shown. 10,724
(2) Incinerators 10,726
Input capacity Permit Permit 10,729
(pounds per to to 10,731
hour) operate Variance install 10,734
0 to 50 $ 50 $225 $ 65 10,737
51 to 500 210 450 390 10,738
501 to 2000 270 675 585 10,739
2001 to 30,000 330 900 780 10,740
more than 30,000 500 975 1000 10,741
(3) Process 10,744
Process weight Permit Permit 10,747
rate to to 10,748
(pounds per hour) operate Variance install 10,751
0 to 1000 $100 $225 $ 200 10,754
1001 to 5000 210 450 390 10,755
5001 to 10,000 270 675 585 10,756
10,001 to 50,000 330 900 780 10,757
more than 50,000 500 975 1000 10,758
In any process where process weight rate cannot be 10,761
ascertained, the minimum fee shall be assessed. 10,762
(4) Storage tanks 10,764
Gallons Permit to Permit to 10,767
(capacity) operate Variance install 10,769
less than 40,000 $150 $225 $ 195 10,772
40,000 or more, but 10,773
less than 100,000 210 450 390
100,000 or more, but 10,774
less than 400,000 270 675 585
252
400,000 or more, but 10,775
less than
1,000,000 330 900 780
1,000,000 or more 500 975 1000 10,776
(5) Gasoline 10,779
Gasoline dispensing Permit to Permit to 10,782
facilities operate Variance install 10,784
For each gasoline 10,787
dispensing
facility $20 $100 $50
(6) Dry cleaning 10,790
Dry cleaning Permit to Permit to 10,793
facilities operate Variance install 10,795
For each dry 10,798
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 10,801
of the Revised Code shall be assessed a fee of two hundred fifty 10,802
dollars per mine or location. 10,803
(C)(1) Except as otherwise provided in division (C)(2) of 10,805
this section, beginning July 1, 1994, each person who owns or 10,806
operates an air contaminant source and who is required to apply 10,807
for and obtain a Title V permit under section 3704.036 of the 10,808
Revised Code shall pay the fees set forth in division (C)(1) of 10,809
this section. For the purposes of that division, total emissions 10,810
of air contaminants may be calculated using engineering 10,811
calculations, emissions factors, material balance calculations, 10,812
or performance testing procedures, as authorized by the director. 10,813
The following fees shall be assessed on the total actual 10,815
emissions from a source in tons per year of the regulated 10,816
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 10,817
organic compounds, and lead: 10,818
(a) Fifteen dollars per ton on the total actual emissions 10,820
of each such regulated pollutant during the period July through 10,821
December 1993, to be collected no sooner than July 1, 1994; 10,822
253
(b) Twenty dollars per ton on the total actual emissions 10,824
of each such regulated pollutant during calendar year 1994, to be 10,825
collected no sooner than April 15, 1995; 10,826
(c) Twenty-five dollars per ton on the total actual 10,828
emissions of each such regulated pollutant in calendar year 1995, 10,829
and each subsequent calendar year, to be collected no sooner than 10,830
the fifteenth day of April of the year next succeeding the 10,831
calendar year in which the emissions occurred. 10,832
The fees levied under division (C)(1) of this section do 10,834
not apply to that portion of the emissions of a regulated 10,835
pollutant at a facility that exceed four thousand tons during a 10,836
calendar year. 10,837
(2) The fees assessed under division (C)(1) of this 10,839
section are for the purpose of providing funding for the Title V 10,840
permit program. 10,841
(3) The fees assessed under division (C)(1) of this 10,843
section do not apply to emissions from any electric generating 10,844
unit designated as a Phase I unit under Title IV of the federal 10,845
Clean Air Act prior to calendar year 2000. Those fees shall be 10,846
assessed on the emissions from such a generating unit commencing 10,847
in calendar year 2001 based upon the total actual emissions from 10,848
the generating unit during calendar year 2000. 10,849
(4) The director shall issue invoices to owners or 10,851
operators of air contaminant sources who are required to pay a 10,852
fee assessed under division (C) or (D) of this section. Any such 10,853
invoice shall be issued no sooner than the applicable date when 10,854
the fee first may be collected in a year under the applicable 10,855
division, shall identify the nature and amount of the fee 10,856
assessed, and shall indicate that the fee is required to be paid 10,857
within thirty days after the issuance of the invoice. 10,858
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 10,861
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 10,862
or operates an air contaminant source; who is required to apply 10,863
for a permit to operate pursuant to rules adopted under division 10,864
254
(G), or a variance pursuant to division (H), of section 3704.03 10,865
of the Revised Code; and who is not required to apply for and 10,866
obtain a Title V permit under section 3704.036 of the Revised 10,867
Code shall pay a single fee based upon the sum of the actual 10,868
annual emissions from the facility of the regulated pollutants 10,869
particulate matter, sulfur dioxide, nitrogen oxides, organic 10,871
compounds, and lead in accordance with the following schedule: 10,872
Total tons 10,874
per year of regulated Annual fee 10,876
pollutants emitted per facility 10,878
More than 0, but less than 50 $ 75 10,880
50 or more, but less than 100 300 10,881
100 or more 700 10,882
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 10,886
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 10,887
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 10,888
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 10,889
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 10,890
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 10,891
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 10,893
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 10,895
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 10,897
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 10,898
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 10,899
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 10,900
COMBINED TOTAL TONS 10,902
PER YEAR OF ALL REGULATED ANNUAL FEE 10,904
POLLUTANTS EMITTED PER FACILITY 10,906
LESS THAN 10 $ 170 10,909
10 OR MORE, BUT LESS THAN 20 340 10,911
20 OR MORE, BUT LESS THAN 30 670 10,913
30 OR MORE, BUT LESS THAN 40 1,010 10,915
40 OR MORE, BUT LESS THAN 50 1,340 10,917
50 OR MORE, BUT LESS THAN 60 1,680 10,919
255
60 OR MORE, BUT LESS THAN 70 2,010 10,921
70 OR MORE, BUT LESS THAN 80 2,350 10,923
80 OR MORE, BUT LESS THAN 90 2,680 10,925
90 OR MORE, BUT LESS THAN 100 3,020 10,927
100 OR MORE 3,350 10,929
(3) The fees assessed under this division (D)(1) OF THIS 10,933
SECTION shall be collected annually no sooner than the fifteenth 10,934
day of April, commencing in 1995. THE FEES ASSESSED UNDER 10,935
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 10,936
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 10,937
assessed under this division (D) OF THIS SECTION in a calendar 10,938
year shall be based upon the sum of the actual emissions of those 10,939
regulated pollutants during the preceding calendar year. For the 10,940
purpose of this division (D) OF THIS SECTION, emissions of air 10,941
contaminants may be calculated using engineering calculations, 10,943
emission factors, material balance calculations, or performance 10,944
testing procedures, as authorized by the director. The director, 10,945
by rule, may require persons who are required to pay the fees 10,946
assessed under this division (D) OF THIS SECTION to pay those 10,947
fees biennially rather than annually. 10,948
(E)(1) Consistent with the need to cover the reasonable 10,950
costs of the Title V permit program, the director annually shall 10,951
increase the fees prescribed in division (C)(1) of this section 10,952
by the percentage, if any, by which the consumer price index for 10,953
the most recent calendar year ending before the beginning of a 10,954
year exceeds the consumer price index for calendar year 1989. 10,955
Upon calculating an increase in fees authorized by division 10,956
(E)(1) of this section, the director shall compile revised fee 10,957
schedules for the purposes of division (C)(1) of this section and 10,958
shall make the revised schedules available to persons required to 10,959
pay the fees assessed under that division and to the public. 10,960
(2) For the purposes of division (E)(1) of this section: 10,962
(a) The consumer price index for any year is the average 10,964
of the consumer price index for all urban consumers published by 10,965
256
the United States department of labor as of the close of the 10,966
twelve-month period ending on the thirty-first day of August of 10,967
that year; 10,968
(b) If the 1989 consumer price index is revised, the 10,970
director shall use the revision of the consumer price index that 10,971
is most consistent with that for calendar year 1989. 10,972
(F) Each person who is issued a permit to install pursuant 10,974
to rules adopted under division (F) of section 3704.03 of the 10,975
Revised Code on or after January 1, 1994, shall pay the fees 10,976
specified in the following schedules: 10,977
(1) 10,979
(1) Fuel-burning equipment (boilers) 10,981
Input capacity (maximum) 10,983
(million British thermal units per Permit to install 10,984
hour)
Greater than 0, but less than 10 $ 200 10,985
10 or more, but less than 100 400 10,986
100 or more, but less than 300 800 10,987
300 or more, but less than 500 1500 10,988
500 or more, but less than 1000 2500 10,989
1000 or more, but less than 5000 4000 10,990
5000 or more 6000 10,991
Units burning exclusively natural gas, number two fuel oil, 10,994
or both shall be assessed a fee that is one-half the applicable 10,995
amount shown in division (F)(1) of this section. 10,996
(2) 10,998
(2) Incinerators 11,000
Input capacity (pounds per hour) Permit to install 11,002
0 to 100 $ 100 11,003
101 to 500 400 11,004
501 to 2000 750 11,005
2001 to 20,000 1000 11,006
more than 20,000 2500 11,007
(3) 11,010
257
(3)(a) Process 11,012
Process weight rate (pounds per Permit to install 11,014
hour)
0 to 1000 $ 200 11,015
1001 to 5000 400 11,016
5001 to 10,000 600 11,017
10,001 to 50,000 800 11,018
more than 50,000 1000 11,019
In any process where process weight rate cannot be 11,022
ascertained, the minimum fee shall be assessed. 11,023
(b) Notwithstanding division (F)(3)(a) of this section, 11,025
any person issued a permit to install pursuant to rules adopted 11,026
under division (F) of section 3704.03 of the Revised Code shall 11,027
pay the fees set forth in division (F)(3)(c) of this section for 11,028
a process used in any of the following industries, as identified 11,029
by the applicable four-digit standard industrial classification 11,030
code according to the Standard Industrial Classification Manual 11,031
published by the United States office of management and budget in 11,032
the executive office of the president, 1972, as revised: 11,033
1211 Bituminous coal and lignite mining; 11,035
1213 Bituminous coal and lignite mining services; 11,037
1411 Dimension stone; 11,039
1422 Crushed and broken limestone; 11,041
1427 Crushed and broken stone, not elsewhere classified; 11,043
1442 Construction sand and gravel; 11,045
1446 Industrial sand; 11,047
3281 Cut stone and stone products; 11,049
3295 Minerals and earth, ground or otherwise treated. 11,051
(c) The fees set forth in the following schedule apply to 11,053
the issuance of a permit to install pursuant to rules adopted 11,054
under division (F) of section 3704.03 of the Revised Code for a 11,055
process identified in division (F)(3)(b) of this section: 11,056
Process weight rate Permit to install 11,058
(pounds per hour)
258
0 to 10,000 $200 11,059
10,001 to 50,000 300 11,060
50,001 to 100,000 400 11,061
100,001 to 200,000 500 11,062
200,001 to 400,000 600 11,063
400,001 or more 700 11,064
(4) 11,067
(4) Storage tanks 11,069
Gallons (maximum useful Permit to install 11,071
capacity)
0 to 20,000 $100 11,072
20,001 to 40,000 150 11,073
40,001 to 100,000 200 11,074
100,001 to 250,000 250 11,075
250,001 to 500,000 350 11,076
500,001 to 1,000,000 500 11,077
1,000,001 or greater 750 11,078
(5) 11,081
(5) Gasoline/fuel dispensing facilities 11,083
For each gasoline/fuel Permit to install 11,085
dispensing facility
(includes all units at $100 11,086
the facility)
(6) 11,089
(6) Dry cleaning facilities 11,091
For each dry cleaning Permit to install 11,093
facility
(includes all units at $100 11,094
the facility)
(7) 11,097
(7) Registration status 11,099
Permit to install 11,101
For each source covered 11,102
by registration status $75
259
(G) An owner or operator who is responsible for an 11,105
asbestos demolition or renovation project pursuant to rules 11,106
adopted under section 3704.03 of the Revised Code shall pay the 11,107
fees set forth in the following schedule: 11,108
Action Fee 11,110
Each notification $75 11,111
Asbestos removal $3/unit 11,112
Asbestos cleanup $4/cubic yard 11,113
For purposes of this division, "unit" means any combination of 11,116
linear feet or square feet equal to fifty. 11,117
(H) A person who is issued an extension of time for a 11,119
permit to install an air contaminant source pursuant to rules 11,120
adopted under division (F) of section 3704.03 of the Revised Code 11,121
shall pay a fee equal to one-half the fee originally assessed for 11,122
the permit to install under this section, except that the fee for 11,123
such an extension shall not exceed two hundred dollars. 11,124
(I) A person who is issued a modification to a permit to 11,126
install an air contaminant source pursuant to rules adopted under 11,127
section 3704.03 of the Revised Code shall pay a fee equal to 11,128
one-half of the fee that would be assessed under this section to 11,129
obtain a permit to install the source. The fee assessed by this 11,130
division only applies to modifications that are initiated by the 11,131
owner or operator of the source and shall not exceed two thousand 11,132
dollars. 11,133
(J) Notwithstanding division (B) or (F) of this section, a 11,135
person who applies for or obtains a permit to install pursuant to 11,136
rules adopted under division (F) of section 3704.03 of the 11,137
Revised Code after the date actual construction of the source 11,138
began shall pay a fee for the permit to install that is equal to 11,139
twice the fee that otherwise would be assessed under the 11,140
applicable division unless the applicant received authorization 11,141
to begin construction under division (W) of section 3704.03 of 11,142
the Revised Code. This division only applies to sources for 11,143
which actual construction of the source begins on or after July 11,144
260
1, 1993. The imposition or payment of the fee established in 11,145
this division does not preclude the director from taking any 11,146
administrative or judicial enforcement action under this chapter, 11,147
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 11,148
rule adopted under any of them, in connection with a violation of 11,149
rules adopted under division (F) of section 3704.03 of the 11,150
Revised Code. 11,151
As used in this division, "actual construction of the 11,153
source" means the initiation of physical on-site construction 11,154
activities in connection with improvements to the source that are 11,155
permanent in nature, including, without limitation, the 11,156
installation of building supports and foundations and the laying 11,157
of underground pipework. 11,158
(K) Fifty cents per ton of each fee assessed under 11,160
division (C) of this section on actual emissions from a source 11,161
and received by the environmental protection agency pursuant to 11,162
that division shall be deposited into the state treasury to the 11,163
credit of the small business assistance fund created in section 11,164
3706.19 of the Revised Code. The remainder of the moneys 11,165
received by the division pursuant to that division and moneys 11,166
received by the agency pursuant to divisions (D), (F), (G), (H), 11,167
(I), and (J) of this section shall be deposited in the state 11,168
treasury to the credit of the clean air fund created in section 11,169
3704.035 of the Revised Code. 11,170
(L)(1)(a) Except as otherwise provided in division 11,172
(L)(1)(b) or (c) of this section, a person issued a water 11,173
discharge permit or renewal of a water discharge permit pursuant 11,174
to Chapter 6111. of the Revised Code shall pay a fee based on 11,175
each point source to which the issuance is applicable in 11,176
accordance with the following schedule: 11,177
Design flow discharge (gallons per day) Fee 11,179
0 to 1000 $ 0 11,182
1,001 to 5000 100 11,183
5,001 to 50,000 200 11,184
261
50,001 to 100,000 300 11,185
100,001 to 300,000 525 11,186
over 300,000 750 11,187
(b) Notwithstanding the fee schedule specified in division 11,190
(L)(1)(a) of this section, the fee for a water discharge permit 11,191
that is applicable to coal mining operations regulated under 11,192
Chapter 1513. of the Revised Code shall be two hundred fifty 11,193
dollars per mine. 11,194
(c) Notwithstanding the fee schedule specified in division 11,196
(L)(1)(a) of this section, the fee for a water discharge permit 11,197
for a public discharger identified by I in the third character of 11,198
the permittee's NPDES permit number shall not exceed seven 11,199
hundred fifty dollars. 11,200
(2) A person applying for a plan approval for a wastewater 11,202
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 11,203
of the Revised Code shall pay a fee of one hundred dollars plus 11,204
sixty-five one-hundredths of one per cent of the estimated 11,205
project cost through June 30, 2000 2002, and one hundred dollars 11,207
plus two-tenths of one per cent of the estimated project cost on 11,208
and after July 1, 2000 2002, except that the total fee shall not 11,209
exceed fifteen thousand dollars through June 30, 2000 2002, and 11,211
five thousand dollars on and after July 1, 2000 2002. The fee 11,212
shall be paid at the time the application is submitted. 11,213
(3) A person issued a modification of a water discharge 11,215
permit shall pay a fee equal to one-half the fee that otherwise 11,216
would be charged for a water discharge permit, except that the 11,217
fee for the modification shall not exceed four hundred dollars. 11,218
(4) A person who has entered into an agreement with the 11,220
director under section 6111.14 of the Revised Code shall pay an 11,221
administrative service fee for each plan submitted under that 11,222
section for approval that shall not exceed the minimum amount 11,223
necessary to pay administrative costs directly attributable to 11,224
processing plan approvals. The director annually shall calculate 11,225
the fee and shall notify all persons who have entered into 11,226
262
agreements under that section, or who have applied for 11,227
agreements, of the amount of the fee. 11,228
(5)(a)(i) Not later than January 30, 1998 2000, and 11,230
January 30, 1999 2001, a person holding an NPDES discharge permit 11,232
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 11,234
shall pay a nonrefundable annual discharge fee. Any person who 11,235
fails to pay the fee at that time shall pay an additional amount 11,236
that equals ten per cent of the required annual discharge fee. 11,237
(ii) The billing year for the annual discharge fee 11,239
established in division (L)(4)(5)(a)(i) of this section shall 11,241
consist of a twelve-month period beginning on the first day of 11,242
January of the year preceding the date when the annual discharge 11,244
fee is due. In the case of an existing source that permanently 11,245
ceases to discharge during a billing year, the director shall 11,246
reduce the annual discharge fee, including the surcharge 11,247
applicable to certain industrial facilities pursuant to division 11,248
(L)(4)(5)(c) of this section, by one-twelfth for each full month 11,249
during the billing year that the source was not discharging, but 11,250
only if the person holding the NPDES discharge permit for the 11,251
source notifies the director in writing, not later than the first 11,252
day of October of the billing year, of the circumstances causing 11,254
the cessation of discharge.
(iii) The annual discharge fee established in division 11,257
(L)(4)(5)(a)(i) of this section, except for the surcharge 11,258
applicable to certain industrial facilities pursuant to division 11,259
(L)(4)(5)(c) of this section, shall be based upon the average 11,262
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 11,264
period two years prior to the date on which the fee is due. In 11,265
the case of NPDES discharge permits for new sources, the fee 11,267
operation shall be calculated using the average daily design flow 11,268
of the facility until actual average daily discharge flow values 11,269
are available for the time period specified in division 11,271
263
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 11,272
be prorated for a new source as described in division 11,273
(L)(4)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger 11,275
shall pay the fee specified in the following schedule: 11,276
Fee due by 11,278
Average daily January 30, 1998 2000, 11,279
discharge flow and January 30, 1999 2001 11,280
5,000 to 49,999 $ 180 200 11,283
50,000 to 100,000 450 500 11,284
100,001 to 250,000 900 1,050 11,285
250,001 to 1,000,000 2,250 2,600 11,286
1,000,001 to 5,000,000 4,500 5,200 11,287
5,000,001 to 10,000,000 9,000 10,350 11,288
10,000,001 to 20,000,000 13,500 15,550 11,289
20,000,001 to 50,000,000 22,500 25,900 11,290
50,000,001 to 100,000,000 36,000 41,400 11,291
100,000,001 or more 54,000 62,100 11,292
Public dischargers owning or operating two or more publicly 11,295
owned treatment works serving the same political subdivision, as 11,296
"treatment works" is defined in section 6111.01 of the Revised 11,297
Code, and that serve exclusively political subdivisions having a 11,299
population of fewer than one hundred thousand shall pay an annual 11,300
discharge fee under division (L)(5)(b) of this section that is 11,301
based on the combined average daily discharge flow of the 11,302
treatment works.
(c) An NPDES permit holder that is an industrial 11,304
discharger, other than a coal mining operator identified by P in 11,306
the third character of the permittee's NPDES permit number, shall 11,307
pay the fee specified in the following schedule:
Fee due by 11,309
Average daily January 30, 1998 2000, 11,310
discharge flow and January 30, 1999 2001 11,311
5,000 to 49,999 $ 180 250 11,314
264
50,000 to 250,000 900 1,200 11,315
250,001 to 1,000,000 2,250 2,950 11,316
1,000,001 to 5,000,000 4,500 5,850 11,317
5,000,001 to 10,000,000 6,750 8,800 11,318
10,000,001 to 20,000,000 9,000 11,700 11,319
20,000,001 to 100,000,000 10,800 14,050 11,320
100,000,001 to 250,000,000 12,600 16,400 11,321
250,000,001 or more 14,400 18,700 11,322
In addition to the fee specified in the above schedule, an 11,325
NPDES permit holder that is an industrial discharger classified 11,326
as a major discharger during all or part of the annual discharge 11,327
fee billing year specified in division (L)(4)(5)(a)(ii) of this 11,329
section shall pay a nonrefundable annual surcharge of six SEVEN 11,330
thousand seven FIVE hundred fifty dollars not later than January 11,331
30, 1998 2000, and not later than January 30, 1999 2001. Any 11,332
person who fails to pay the surcharge at that time shall pay an 11,333
additional amount that equals ten per cent of the amount of the 11,334
surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 11,336
section, a public discharger identified by I in the third 11,337
character of the permittee's NPDES permit number and an 11,338
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 11,339
the third character of the permittee's NPDES permit number shall 11,341
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 11,343
January 30, 1999 2001. Any person who fails to pay the fee at 11,344
that time shall pay an additional amount that equals ten per cent 11,345
of the required fee. 11,346
(6) The director shall transmit all moneys collected under 11,348
division (L) of this section to the treasurer of state for 11,349
deposit into the state treasury to the credit of the surface 11,350
water protection fund created in section 6111.038 of the Revised 11,351
Code. 11,352
(7) As used in division (L) of this section: 11,354
265
(a) "NPDES" means the federally approved national 11,356
pollutant discharge elimination system program for issuing, 11,357
modifying, revoking, reissuing, terminating, monitoring, and 11,358
enforcing permits and imposing and enforcing pretreatment 11,359
requirements under Chapter 6111. of the Revised Code and rules 11,360
adopted under it. 11,361
(b) "Public discharger" means any holder of an NPDES 11,363
permit identified by P in the second character of the NPDES 11,364
permit number assigned by the director. 11,365
(c) "Industrial discharger" means any holder of an NPDES 11,367
permit identified by I in the second character of the NPDES 11,368
permit number assigned by the director. 11,369
(d) "Major discharger" means any holder of an NPDES permit 11,371
classified as major by the regional administrator of the United 11,372
States environmental protection agency in conjunction with the 11,373
director. 11,374
(M) Through June 30, 2000 2002, a person applying for a 11,376
license or license renewal to operate a public water system under 11,378
section 6109.21 of the Revised Code shall pay the appropriate fee 11,379
established under this division at the time of application to the 11,380
director. Any person who fails to pay the fee at that time shall 11,381
pay an additional amount that equals ten per cent of the required 11,382
fee. The director shall transmit all moneys collected under this 11,383
division to the treasurer of state for deposit into the drinking 11,384
water protection fund created in section 6109.30 of the Revised 11,385
Code. 11,386
Fees required under this division shall be calculated and 11,388
paid in accordance with the following schedule: 11,389
(1) For the initial license required under division (A)(1) 11,391
of section 6109.21 of the Revised Code for any public water 11,392
system that is a community water system as defined in section 11,393
6109.01 of the Revised Code, and for each license renewal 11,394
required for such a system prior to January 31, 2000 2002, the 11,395
fee is: 11,396
266
Number of service connections Fee amount 11,398
Not more than 49 $ 56 11,401
50 to 99 88 11,402
Number of service connections Average cost per connection 11,405
100 to 2,499 $ .96 11,407
2,500 to 4,999 .92 11,408
5,000 to 7,499 .88 11,409
7,500 to 9,999 .84 11,410
10,000 to 14,999 .80 11,411
15,000 to 24,999 .76 11,412
25,000 to 49,999 .72 11,413
50,000 to 99,999 .68 11,414
100,000 to 149,999 .64 11,415
150,000 to 199,999 .60 11,416
200,000 or more .56 11,417
A public water system may determine how it will pay the 11,420
total amount of the fee calculated under division (M)(1) of this 11,421
section, including the assessment of additional user fees that 11,422
may be assessed on a volumetric basis. 11,423
As used in division (M)(1) of this section, "service 11,425
connection" means the number of active or inactive pipes, 11,426
goosenecks, pigtails, and any other fittings connecting a water 11,427
main to any building outlet. 11,428
(2) For the initial license required under division (A)(2) 11,430
of section 6109.21 of the Revised Code for any public water 11,431
system that is not a community water system and serves a 11,432
nontransient population, and for each license renewal required 11,433
for such a system prior to January 31, 2000 2002, the fee is: 11,434
Population served Fee amount 11,436
Fewer than 150 $ 56 11,439
150 to 299 88 11,440
300 to 749 192 11,441
750 to 1,499 392 11,442
1,500 to 2,999 792 11,443
267
3,000 to 7,499 1,760 11,444
7,500 to 14,999 3,800 11,445
15,000 to 22,499 6,240 11,446
22,500 to 29,999 8,576 11,447
30,000 or more 11,600 11,448
As used in division (M)(2) of this section, "population 11,451
served" means the total number of individuals receiving water 11,452
from the water supply during a twenty-four-hour period for at 11,453
least sixty days during any calendar year. In the absence of a 11,454
specific population count, that number shall be calculated at the 11,455
rate of three individuals per service connection. 11,456
(3) For the initial license required under division (A)(3) 11,458
of section 6109.21 of the Revised Code for any public water 11,459
system that is not a community water system and serves a 11,460
transient population, and for each license renewal required for 11,461
such a system prior to January 31, 2000 2002, the fee is: 11,462
Number of wells supplying system Fee amount 11,464
1 $ 56 11,467
2 56 11,468
3 88 11,469
4 192 11,470
5 392 11,471
System supplied by surface 11,474
springs or dug wells 792
As used in division (M)(3) of this section, "number of 11,477
wells supplying system" means those wells that are physically 11,478
connected to the plumbing system serving the public water system. 11,479
(N)(1) A person applying for a plan approval for a public 11,481
water supply system under section 6109.07 of the Revised Code 11,482
shall pay a fee of one hundred dollars plus two-tenths of one per 11,483
cent of the estimated project cost, except that the total fee 11,484
shall not exceed fifteen thousand dollars through June 30, 2000 11,486
2002, and five thousand dollars on and after July 1, 2000 2002. 11,487
The fee shall be paid at the time the application is submitted. 11,488
268
(2) A person who has entered into an agreement with the 11,490
director under division (A)(2) of section 6109.07 of the Revised 11,491
Code shall pay an administrative service fee for each plan 11,492
submitted under that section for approval that shall not exceed 11,493
the minimum amount necessary to pay administrative costs directly 11,494
attributable to processing plan approvals. The director annually 11,495
shall calculate the fee and shall notify all persons that have 11,496
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 11,497
(3) Through June 30, 2000 2002, the following fee, on a 11,499
per survey basis, shall be charged any person for services 11,501
rendered by the state in the evaluation of laboratories and 11,502
laboratory personnel for compliance with accepted analytical 11,503
techniques and procedures established pursuant to Chapter 6109. 11,504
of the Revised Code for determining the qualitative 11,505
characteristics of water:
microbiological $1,650 11,507
organic chemical 3,500 11,508
inorganic chemical 3,500 11,509
standard chemistry 1,800 11,510
limited chemistry 1,000 11,511
On and after July 1, 2000 2002, the following fee, on a per 11,514
survey basis, shall be charged any such person: 11,515
microbiological $250 11,517
chemical/radiological 250 11,518
nitrate/turbidity (only) 150 11,519
The fee for those services shall be paid at the time the request 11,522
for the survey is made. Through June 30, 2000 2002, an 11,523
individual laboratory shall not be assessed a fee under this 11,525
division more than once in any three-year period. 11,526
The director shall transmit all moneys collected under this 11,528
division to the treasurer of state for deposit into the drinking 11,529
water protection fund created in section 6109.30 of the Revised 11,530
Code. 11,531
269
(O) Any person applying to the director for examination 11,533
for certification as an operator of a water supply system or 11,534
wastewater system under Chapter 6109. or 6111. of the Revised 11,535
Code, at the time the application is submitted, shall pay an 11,536
application fee of twenty-five dollars through June 30, 2000 11,538
2002, and ten dollars on and after July 1, 2000 2002. Upon 11,539
approval from the director that the applicant is eligible to take 11,540
the examination therefor, the applicant shall pay a fee in 11,542
accordance with the following schedule through June 30, 2000 11,543
2002:
Class I operator $45 11,545
Class II operator 55 11,546
Class III operator 65 11,547
Class IV operator 75 11,548
On and after July 1, 2000 2002, the applicant shall pay a 11,551
fee in accordance with the following schedule: 11,552
Class I operator $25 11,554
Class II operator 35 11,555
Class III operator 45 11,556
Class IV operator 55 11,557
The director shall transmit all moneys collected under this 11,560
division to the treasurer of state for deposit into the drinking 11,561
water protection fund created in section 6109.30 of the Revised 11,562
Code. 11,563
(P) Through June 30, 2000 2002, any person submitting an 11,565
application for an industrial water pollution control certificate 11,566
under section 6111.31 of the Revised Code shall pay a 11,567
nonrefundable fee of five hundred dollars at the time the 11,568
application is submitted. The director shall transmit all moneys 11,569
collected under this division to the treasurer of state for 11,570
deposit into the surface water protection fund created in section 11,571
6111.038 of the Revised Code. A person paying a certificate fee 11,572
under this division shall not pay an application fee under 11,573
division (S)(1) of this section. 11,574
270
(Q) Except as otherwise provided in division (R) of this 11,576
section, a person issued a permit by the director for a new solid 11,577
waste disposal facility other than an incineration or composting 11,578
facility, a new infectious waste treatment facility other than an 11,579
incineration facility, or a modification of such an existing 11,580
facility that includes an increase in the total disposal or 11,581
treatment capacity of the facility pursuant to Chapter 3734. of 11,582
the Revised Code shall pay a fee of ten dollars per thousand 11,583
cubic yards of disposal or treatment capacity, or one thousand 11,584
dollars, whichever is greater, except that the total fee for any 11,585
such permit shall not exceed eighty thousand dollars. A person 11,586
issued a modification of a permit for a solid waste disposal 11,587
facility or an infectious waste treatment facility that does not 11,588
involve an increase in the total disposal or treatment capacity 11,589
of the facility shall pay a fee of one thousand dollars. A 11,590
person issued a permit to install a new, or modify an existing, 11,591
solid waste transfer facility under that chapter shall pay a fee 11,592
of two thousand five hundred dollars. A person issued a permit 11,593
to install a new or to modify an existing solid waste 11,594
incineration or composting facility, or an existing infectious 11,595
waste treatment facility using incineration as its principal 11,596
method of treatment, under that chapter shall pay a fee of one 11,597
thousand dollars. The increases in the permit fees under this 11,598
division resulting from the amendments made by Amended Substitute 11,599
House Bill 592 of the 117th general assembly do not apply to any 11,600
person who submitted an application for a permit to install a 11,601
new, or modify an existing, solid waste disposal facility under 11,602
that chapter prior to September 1, 1987; any such person shall 11,603
pay the permit fee established in this division as it existed 11,604
prior to June 24, 1988. In addition to the applicable permit fee 11,605
under this division, a person issued a permit to install or 11,606
modify a solid waste facility or an infectious waste treatment 11,607
facility under that chapter who fails to pay the permit fee to 11,608
the director in compliance with division (V) of this section 11,609
271
shall pay an additional ten per cent of the amount of the fee for 11,610
each week that the permit fee is late. 11,611
Permit and late payment fees paid to the director under 11,613
this division shall be credited to the general revenue fund. 11,614
(R)(1) A person issued a registration certificate for a 11,616
scrap tire collection facility under section 3734.75 of the 11,617
Revised Code shall pay a fee of two hundred dollars, except that 11,618
if the facility is owned or operated by a motor vehicle salvage 11,619
dealer licensed under Chapter 4738. of the Revised Code, the 11,620
person shall pay a fee of twenty-five dollars. 11,621
(2) A person issued a registration certificate for a new 11,623
scrap tire storage facility under section 3734.76 of the Revised 11,624
Code shall pay a fee of three hundred dollars, except that if the 11,625
facility is owned or operated by a motor vehicle salvage dealer 11,626
licensed under Chapter 4738. of the Revised Code, the person 11,627
shall pay a fee of twenty-five dollars. 11,628
(3) A person issued a permit for a scrap tire storage 11,630
facility under section 3734.76 of the Revised Code shall pay a 11,631
fee of one thousand dollars, except that if the facility is owned 11,632
or operated by a motor vehicle salvage dealer licensed under 11,633
Chapter 4738. of the Revised Code, the person shall pay a fee of 11,634
fifty dollars. 11,635
(4) A person issued a permit for a scrap tire monocell or 11,637
monofill facility under section 3734.77 of the Revised Code shall 11,638
pay a fee of ten dollars per thousand cubic yards of disposal 11,639
capacity or one thousand dollars, whichever is greater, except 11,640
that the total fee for any such permit shall not exceed eighty 11,641
thousand dollars. 11,642
(5) A person issued a registration certificate for a scrap 11,644
tire recovery facility under section 3734.78 of the Revised Code 11,645
shall pay a fee of one hundred dollars. 11,646
(6) A person issued a permit for a scrap tire recovery 11,648
facility under section 3734.78 of the Revised Code shall pay a 11,649
fee of one thousand dollars. 11,650
272
(7) In addition to the applicable registration certificate 11,652
or permit fee under divisions (R)(1) to (6) of this section, a 11,653
person issued a registration certificate or permit for any such 11,654
scrap tire facility who fails to pay the registration certificate 11,655
or permit fee to the director in compliance with division (V) of 11,656
this section shall pay an additional ten per cent of the amount 11,657
of the fee for each week that the fee is late. 11,658
(8) The registration certificate, permit, and late payment 11,660
fees paid to the director under divisions (R)(1) to (7) of this 11,661
section shall be credited to the scrap tire management fund 11,662
created in section 3734.82 of the Revised Code. 11,663
(S)(1) Except as provided by divisions (L), (M), (N), (O), 11,665
(P), and (S)(2) of this section, division (A)(2) of section 11,666
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 11,667
and rules adopted under division (T)(1) of this section, any 11,668
person applying for a registration certificate under section 11,669
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 11,670
variance, or plan approval under Chapter 3734. of the Revised 11,671
Code shall pay a nonrefundable fee of fifteen dollars at the time 11,672
the application is submitted, and any. 11,673
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 11,675
permit, variance, or plan approval under Chapter 6109. or 6111. 11,676
of the Revised Code shall pay a nonrefundable fee of one hundred 11,677
dollars at the time the application is submitted through June 30, 11,678
2000 2002, and a nonrefundable fee of fifteen dollars at the time 11,680
the application is submitted on and after July 1, 2000 2002. 11,681
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 11,682
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 11,684
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 11,686
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 11,687
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 11,688
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 11,689
The director shall transmit all moneys collected under 11,691
division (S)(1) of this section pursuant to Chapter 6109. of the 11,692
273
Revised Code to the treasurer of state for deposit into the 11,693
drinking water protection fund created in section 6109.30 of the 11,694
Revised Code.
The director shall transmit all moneys collected under 11,696
division (S)(1) of this section pursuant to Chapter 6111. of the 11,697
Revised Code to the treasurer of state for deposit into the 11,698
surface water protection fund created in section 6111.038 of the 11,699
Revised Code.
If a registration certificate is issued under section 11,701
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 11,702
the application fee paid shall be deducted from the amount of the 11,703
registration certificate fee due under division (R)(1), (2), or 11,704
(5) of this section, as applicable. 11,705
(2) Division (S)(1) of this section does not apply to an 11,707
application for a registration certificate for a scrap tire 11,708
collection or storage facility submitted under section 3734.75 or 11,709
3734.76 of the Revised Code, as applicable, if the owner or 11,710
operator of the facility or proposed facility is a motor vehicle 11,711
salvage dealer licensed under Chapter 4738. of the Revised Code. 11,712
(T) The director may adopt, amend, and rescind rules in 11,714
accordance with Chapter 119. of the Revised Code that do all of 11,715
the following: 11,716
(1) Prescribe fees to be paid by applicants for and 11,718
holders of any license, permit, variance, plan approval, or 11,719
certification required or authorized by Chapter 3704., 3734., 11,720
6109., or 6111. of the Revised Code that are not specifically 11,721
established in this section. The fees shall be designed to 11,722
defray the cost of processing, issuing, revoking, modifying, 11,723
denying, and enforcing the licenses, permits, variances, plan 11,724
approvals, and certifications. 11,725
The director shall transmit all moneys collected under 11,727
rules adopted under division (T)(1) of this section pursuant to 11,728
Chapter 6109. of the Revised Code to the treasurer of state for 11,729
deposit into the drinking water protection fund created in 11,730
274
section 6109.30 of the Revised Code. 11,731
The director shall transmit all moneys collected under 11,733
rules adopted under division (T)(1) of this section pursuant to 11,734
Chapter 6111. of the Revised Code to the treasurer of state for 11,735
deposit into the surface water protection fund created in section 11,736
6111.038 of the Revised Code. 11,737
(2) Exempt the state and political subdivisions thereof, 11,739
including education facilities or medical facilities owned by the 11,740
state or a political subdivision, or any person exempted from 11,741
taxation by section 5709.07 or 5709.12 of the Revised Code, from 11,742
any fee required by this section; 11,743
(3) Provide for the waiver of any fee, or any part 11,745
thereof, otherwise required by this section whenever the director 11,746
determines that the imposition of the fee would constitute an 11,747
unreasonable cost of doing business for any applicant, class of 11,748
applicants, or other person subject to the fee; 11,749
(4) Prescribe measures that the director considers 11,751
necessary to carry out this section. 11,752
(U) When the director reasonably demonstrates that the 11,754
direct cost to the state associated with the issuance of a permit 11,755
to install, license, variance, plan approval, or certification 11,756
exceeds the fee for the issuance or review specified by this 11,757
section, the director may condition the issuance or review on the 11,758
payment by the person receiving the issuance or review of, in 11,759
addition to the fee specified by this section, the amount, or any 11,760
portion thereof, in excess of the fee specified under this 11,761
section. The director shall not so condition issuances for which 11,762
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 11,763
section. 11,764
(V) Except as provided in divisions (L), (M), and (P) of 11,766
this section or unless otherwise prescribed by a rule of the 11,767
director adopted pursuant to Chapter 119. of the Revised Code, 11,768
all fees required by this section are payable within thirty days 11,769
after the issuance of an invoice for the fee by the director or 11,770
275
the effective date of the issuance of the license, permit, 11,771
variance, plan approval, or certification. If payment is late, 11,772
the person responsible for payment of the fee shall pay an 11,773
additional ten per cent of the amount due for each month that it 11,774
is late. 11,775
(W) As used in this section, "fuel-burning equipment," 11,777
"fuel-burning equipment input capacity," "incinerator," 11,778
"incinerator input capacity," "process," "process weight rate," 11,779
"storage tank," "gasoline dispensing facility," "dry cleaning 11,780
facility," "design flow discharge," and "new source treatment 11,781
works" have the meanings ascribed to those terms by applicable 11,782
rules or standards adopted by the director under Chapter 3704. or 11,783
6111. of the Revised Code. 11,784
(X) As used in divisions (B), (C), (D), (E), (F), (H), 11,786
(I), and (J) of this section, and in any other provision of this 11,787
section pertaining to fees paid pursuant to Chapter 3704. of the 11,788
Revised Code: 11,789
(1) "Facility," "federal Clean Air Act," "person," and 11,791
"Title V permit" have the same meanings as in section 3704.01 of 11,792
the Revised Code. 11,793
(2) "Title V permit program" means the following 11,795
activities as necessary to meet the requirements of Title V of 11,796
the federal Clean Air Act and 40 C.F.R. part 70, including at 11,797
least: 11,798
(a) Preparing and adopting, if applicable, generally 11,800
applicable rules or guidance regarding the permit program or its 11,801
implementation or enforcement; 11,802
(b) Reviewing and acting on any application for a Title V 11,804
permit, permit revision, or permit renewal, including the 11,805
development of an applicable requirement as part of the 11,806
processing of a permit, permit revision, or permit renewal; 11,807
(c) Administering the permit program, including the 11,809
supporting and tracking of permit applications, compliance 11,810
certification, and related data entry; 11,811
276
(d) Determining which sources are subject to the program 11,813
and implementing and enforcing the terms of any Title V permit, 11,814
not including any court actions or other formal enforcement 11,815
actions; 11,816
(e) Emission and ambient monitoring; 11,818
(f) Modeling, analyses, or demonstrations; 11,820
(g) Preparing inventories and tracking emissions; 11,822
(h) Providing direct and indirect support to small 11,824
business stationary sources to determine and meet their 11,825
obligations under the federal Clean Air Act pursuant to the small 11,826
business stationary source technical and environmental compliance 11,827
assistance program required by section 507 of that act and 11,828
established in sections 3704.18, 3704.19, and 3706.19 of the 11,829
Revised Code. 11,830
Sec. 3748.07. (A) Every facility that proposes to handle 11,840
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 11,842
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 11,843
registration. Terms and conditions of licenses and certificates 11,844
of registration may be amended in accordance with rules adopted 11,845
under section 3748.04 of the Revised Code or orders issued by the 11,846
director pursuant to section 3748.05 of the Revised Code. 11,847
(B) Until rules are adopted under section 3748.04 of the 11,849
Revised Code, an application for a certificate of registration 11,851
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 11,853
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 11,854
established in those rules.
All fees collected under this section shall be deposited in 11,856
the state treasury to the credit of the general operations fund 11,857
created in section 3701.83 of the Revised Code. The fees shall 11,859
be used solely to administer and enforce this chapter and rules
277
adopted under it. 11,860
Any fee required under this section that has not been paid 11,862
within ninety days after the invoice date shall be assessed at 11,863
two times the original invoiced fee. Any fee that has not been 11,864
paid within one hundred eighty days after the invoice date shall 11,866
be assessed at five times the original invoiced fee. 11,867
(C) The director shall grant a license or registration to 11,869
any applicant who has paid the required fee and is in compliance 11,870
with this chapter and rules adopted under it. 11,872
Until rules are adopted under section 3748.04 of the 11,874
Revised Code, certificates of registration shall be effective for 11,876
two years from the date of issuance. On and after the effective 11,877
date of those rules, licenses and certificates of registration 11,878
shall be effective for the applicable period established in those 11,879
rules. Licenses and certificates of registration shall be 11,880
renewed in accordance with the standard renewal procedure 11,881
established in Chapter 4745. of the Revised Code. 11,882
Sec. 3748.13. (A) The director of health shall inspect 11,891
sources of radiation for which licensure or registration by the 11,892
handler is required, and the sources' shielding and surroundings, 11,894
according to the schedule established in rules adopted under 11,895
division (D) of section 3748.04 of the Revised Code. In 11,896
accordance with rules adopted under that section, the director 11,897
shall inspect all records and operating procedures of handlers 11,899
that install sources of radiation and all sources of radiation 11,901
for which licensure of radioactive material or registration of 11,902
radiation-generating equipment by the handler is required. The 11,903
director may make other inspections upon receiving complaints or 11,904
other evidence of violation of this chapter or rules adopted 11,905
under it.
The director shall require any hospital registered under 11,908
division (A) of section 3701.07 of the Revised Code to develop 11,909
and maintain a quality assurance program for all sources of 11,910
radiation-generating equipment. A certified radiation expert 11,911
278
shall conduct oversight and maintenance of the program and shall 11,912
file a report of audits of the program with the director on forms 11,913
prescribed by the director. The audit reports shall become part 11,914
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 11,916
section 3748.04 of the Revised Code, a facility shall pay 11,918
inspection fees according to the following schedule and 11,919
categories:
First dental x-ray tube, 11,921
gauging x-ray tube, or
analytical x-ray equipment 11,922
used in nonhealth care
applications $80.00 94.00 11,923
Each additional dental x-ray 11,924
tube, cabinet x-ray tube,
gauging x-ray tube, or 11,925
analytical x-ray equipment
used in nonhealth care
applications at the same 11,927
location $40.00 47.00 11,928
First MEDICAL x-ray tube other 11,929
than dental, cabinet, or
gauging, or analytical x-ray 11,931
equipment used in nonhealth
care applications $160.00 187.00 11,932
Each additional MEDICAL x-ray 11,933
tube other than dental,
cabinet, or gauging, or 11,934
analytical x-ray equipment 11,935
used in nonhealth care
applications at the same
location $80.00 94.00 11,937
Each unit of ionizing 11,938
radiation-generating equipment
279
capable of operating at or 11,939
above 250 kilovoltage peak $320.00 373.00 11,940
First nonionizing 11,941
radiation-generating equipment
of any kind $160.00 187.00 11,942
Each additional nonionizing 11,943
radiation-generating equipment 11,944
of any kind at the same 11,945
location $80.00 94.00 11,946
Amount of radioactive material 11,947
licensed or amount on hand at
the time of inspection, 11,949
whichever is greater:
less than 100 microcuries $100.00 11,952
100 microcuries or more, but 11,953
less than one millicurie $150.00 11,954
one millicurie or more, but 11,955
less than 100 millicuries $200.00 11,956
100 millicuries or more $400.00 11,957
Test of a sealed source for 11,958
leakage of radioactive
material $ 80.00 11,959
Assembler-maintainer 11,960
inspection consisting of an
inspection of records and 11,961
operating procedures of
handlers that install sources
of radiation $200.00 233.00 11,962
Until rules are adopted under division (A)(8) of section 11,965
3748.04 of the Revised Code, the fee for an inspection to 11,966
determine whether violations cited in a previous inspection have 11,968
been corrected is fifty per cent of the fee applicable under the 11,969
schedule in this division. Until those rules are adopted, the 11,970
fee for the inspection of a facility that is not licensed or 11,971
280
registered and for which no license or registration application 11,972
is pending at the time of inspection is two hundred fifty NINETY 11,974
dollars plus the fee applicable under the schedule in this 11,975
division.
The director may conduct a review of shielding plans or the 11,978
adequacy of shielding on the request of a licensee or registrant 11,979
or an applicant for licensure or registration or during an 11,980
inspection when the director considers a review to be necessary. 11,981
Until rules are adopted under division (A)(8) of section 3748.04 11,982
of the Revised Code, the fee for the review is four hundred 11,983
SIXTY-SIX dollars for each room where a source of radiation is 11,984
used and is in addition to any other fee applicable under the 11,985
schedule in this division.
All fees shall be paid to the department of health no later 11,987
than thirty days after the invoice for the fee is mailed. Fees 11,988
shall be deposited in the general operations fund created in 11,989
section 3701.83 of the Revised Code. The fees shall be used 11,990
solely to administer and enforce this chapter and rules adopted 11,991
under it.
Any fee required under this section that has not been paid 11,993
within ninety days after the invoice date shall be assessed at 11,994
two times the original invoiced fee. Any fee that has not been 11,995
paid within one hundred eighty days after the invoice date shall 11,996
be assessed at five times the original invoiced fee. 11,997
(C) If the director determines that a board of health of a 12,000
city or general health district is qualified to conduct 12,001
inspections of radiation-generating equipment, the director may 12,002
delegate to the board, by contract, the authority to conduct such 12,003
inspections. In making a determination of the qualifications of 12,004
a board of health to conduct those inspections, the director 12,005
shall evaluate the credentials of the individuals who are to 12,006
conduct the inspections of radiation-generating equipment and the 12,007
radiation detection and measuring equipment available to them for 12,008
that purpose. If a contract is entered into, the board shall 12,009
281
have the same authority to make inspections of 12,010
radiation-generating equipment as the director has under this 12,011
chapter and rules adopted under it. The contract shall stipulate 12,012
that only individuals approved by the director as qualified shall 12,013
be permitted to inspect radiation-generating equipment under the 12,014
contract's provisions. The contract shall provide for such 12,015
compensation for services as is agreed to by the director and the 12,016
board of health of the contracting health district. The director 12,017
may reevaluate the credentials of the inspection personnel and 12,018
their radiation detecting and measuring equipment as often as the 12,019
director considers necessary and may terminate any contract with 12,020
the board of health of any health district that, in the 12,021
director's opinion, is not satisfactorily performing the terms of 12,022
the contract.
(D) The director may enter at all reasonable times upon 12,024
any public or private property to determine compliance with this 12,025
chapter and rules adopted under it. 12,026
Sec. 3750.02. (A) There is hereby created the emergency 12,035
response commission consisting of the directors of environmental 12,036
protection and health, the chairpersons of the public utilities 12,038
commission, industrial commission, and state and local government 12,040
commission, the fire marshal, the director of public safety, the 12,041
administrator of the bureau of employment services, and the 12,042
attorney general as members ex officio, or their designees; 12,043
notwithstanding section 101.26 of the Revised Code, the 12,044
chairpersons of the respective standing committees of the senate 12,045
and house of representatives that are primarily responsible for 12,046
considering environmental issues who may participate fully in all 12,047
the commission's deliberations and activities, except that they 12,048
shall serve as nonvoting members; and ten members to be appointed 12,049
by the governor with the advice and consent of the senate. The 12,050
appointed members, to the extent practicable, shall have 12,051
technical expertise in the field of emergency response. Of the 12,052
appointed members, two shall represent environmental advocacy 12,053
282
organizations, one shall represent the interests of petroleum 12,054
refiners or marketers or chemical manufacturers, one shall 12,055
represent the interests of another industry subject to this 12,056
chapter, one shall represent the interests of municipal 12,057
corporations, one shall represent the interests of counties, one 12,058
shall represent the interests of chiefs of fire departments, one 12,059
shall represent the interests of professional fire fighters 12,060
FIREFIGHTERS, one shall represent the interests of volunteer fire 12,062
fighters FIREFIGHTERS, and one shall represent the interests of 12,064
local emergency management agencies. 12,065
An appointed member of the commission also may serve as a 12,068
member of the local emergency planning committee of an emergency 12,069
planning district. An appointed member of the commission who is 12,070
also a member of a local emergency planning committee shall not 12,071
participate as a member of the commission in the appointment of 12,072
members of the local emergency planning committee of which the 12,073
member is a member, in the review of the chemical emergency 12,075
response and preparedness plan submitted by the local emergency 12,076
planning committee of which the member is a member, in any vote 12,077
to approve a grant to the member's district, nor OR in any vote 12,079
of the commission on any motion or resolution pertaining 12,081
specifically to the member's district or the local emergency 12,083
planning committee on which the member serves. A commission 12,085
member who is also a member of a local emergency planning 12,086
committee shall not lobby or otherwise act as an advocate for the 12,087
member's district to other members of the commission to obtain 12,089
from the commission anything of value for the member's district 12,090
or the local emergency planning committee of which the member is 12,091
a member. A member of the commission who is also a member of a 12,093
local emergency planning committee may vote on resolutions of the 12,094
commission that apply uniformly to all local emergency planning 12,095
committees and districts in the state and do not provide a grant 12,096
or other pecuniary benefit to the member's district or the 12,097
committee of which the member is a member. 12,099
283
The governor shall make the initial appointments to the 12,101
commission within thirty days after December 14, 1988. Of the 12,103
initial appointments to the commission, five shall be for a term 12,106
of two years and five shall be for a term of one year. 12,107
Thereafter, terms of office of the appointed members of the 12,108
commission shall be for two years, with each term ending on the 12,109
same day of the same month as did the term that it succeeds. 12,110
Each member shall hold office from the date of appointment until 12,111
the end of the term for which the member was appointed. Members 12,113
may be reappointed. Vacancies shall be filled in the manner 12,114
provided for original appointments. Any member appointed to fill 12,115
a vacancy occurring prior to the expiration of the term for which 12,116
the member's predecessor was appointed shall hold office for the 12,118
remainder of that term. A member shall continue in office 12,119
subsequent to the expiration date of the member's term until the 12,121
member's successor takes office or until a period of sixty days 12,122
has elapsed, whichever occurs first. The commission may at any 12,123
time by a vote of two-thirds of all the members remove any 12,124
appointed member of the commission for misfeasance, nonfeasance, 12,125
or malfeasance. Members of the commission shall serve without 12,126
compensation, but shall be reimbursed for the reasonable expenses 12,127
incurred by them in the discharge of their duties as members of 12,128
the commission. 12,129
The commission shall meet at least annually and shall hold 12,131
such additional meetings as are necessary to implement and 12,132
administer this chapter. Additional meetings may be held at the 12,133
behest of either a co-chairperson or a majority of the members. 12,135
The commission shall, by adoption of internal management rules 12,136
under division (B)(9) of this section, establish an executive 12,137
committee and delegate to it the performance of such of the 12,138
commission's duties and powers under this chapter as are required 12,139
or authorized to be so delegated by that division. The 12,140
commission may organize itself into such additional committees as 12,141
it considers necessary or convenient to implement and administer 12,142
284
this chapter. The director of environmental protection and the 12,144
director of public safety or their designees shall serve as 12,145
co-chairpersons of the commission and the executive committee. 12,146
Except as otherwise provided in this chapter, a majority of the 12,147
voting members of the commission constitutes a quorum and the 12,148
affirmative vote of a majority of the voting members of the 12,149
commission is necessary for any action taken by the commission. 12,150
Meetings of the executive committee conducted for the purpose of 12,151
determining whether to issue an enforcement order or request that 12,152
a civil action, civil penalty action, or criminal action be 12,153
brought to enforce this chapter or rules adopted or orders issued 12,154
under it are not subject to section 121.22 of the Revised Code 12,155
pursuant to division (D) of that section. 12,156
Except for the purposes of Chapters 102. and 2921. and 12,158
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 12,159
as an appointed member of the commission does not constitute 12,160
holding a public office or position of employment under the laws 12,161
of this state and does not constitute grounds for removal of 12,162
public officers or employees from their offices or positions of 12,163
employment. 12,164
(B) The commission shall: 12,166
(1) Adopt rules in accordance with Chapter 119. of the 12,168
Revised Code that are consistent with and equivalent in scope, 12,169
content, and coverage to the "Emergency Planning and Community 12,170
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 12,171
and applicable regulations adopted under it: 12,172
(a) Identifying or listing extremely hazardous substances 12,174
and establishing a threshold planning quantity for each such 12,175
substance. To the extent consistent with that act and applicable 12,176
regulations adopted under it, the rules may establish threshold 12,177
planning quantities based upon classes of those substances or 12,178
categories of facilities at which such substances are present. 12,179
(b) Listing hazardous chemicals, establishing threshold 12,181
quantities for those chemicals, establishing categories of health 12,182
285
and physical hazards of those chemicals, establishing criteria or 12,183
procedures for identifying those chemicals and the appropriate 12,184
hazard categories of those chemicals, and establishing ranges of 12,185
quantities for those chemicals to be used in preparing emergency 12,186
and hazardous chemical inventory forms under section 3750.08 of 12,187
the Revised Code. To the extent consistent with that act and 12,188
applicable regulations adopted under it, the rules may establish 12,189
threshold quantities based upon classes of those chemicals or 12,190
categories of facilities where those chemicals are present. 12,191
To the extent consistent with that act, the threshold 12,193
quantities for purposes of the submission of lists of hazardous 12,194
chemicals under section 3750.07 and the submission of emergency 12,195
and hazardous chemical inventory forms under section 3750.08 of 12,196
the Revised Code may differ. 12,197
(c) Identifying or listing hazardous substances and 12,199
establishing reportable quantities of each of those substances 12,200
and each extremely hazardous substance. In addition to being 12,201
consistent with and equivalent in scope, content, and coverage to 12,202
that act and applicable regulations adopted under it, the rules 12,203
shall be consistent with and equivalent in scope, content, and 12,204
coverage to regulations identifying or listing hazardous 12,205
substances and reportable quantities of those substances adopted 12,206
under the "Comprehensive Environmental Response, Compensation, 12,207
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 12,208
amended. 12,209
(d) Prescribing the information to be included in the 12,211
lists of hazardous chemicals required to be submitted under 12,212
section 3750.07 of the Revised Code; 12,213
(e) Prescribing the information to be included in the 12,215
emergency and hazardous chemical inventory forms required to be 12,216
submitted under section 3750.08 of the Revised Code. If the 12,217
commission establishes its own emergency and hazardous chemical 12,218
inventory form, the rules shall authorize owners and operators of 12,219
facilities who also have one or more facilities located outside 12,220
286
the state for which they are required to submit inventory forms 12,221
under the federal act and regulations adopted under it to submit 12,222
their annual inventories on forms prescribed by the administrator 12,223
of the United States environmental protection agency under that 12,224
act instead of on forms prescribed by the commission and shall 12,225
require those owners or operators to submit any additional 12,226
information required by the commission's inventory form on an 12,227
attachment to the federal form. 12,228
(f) Establishing procedures for giving verbal notice of 12,230
releases under section 3750.06 of the Revised Code and 12,231
prescribing the information to be provided in such a notice and 12,232
in the follow-up written notice required by that section; 12,233
(g) Establishing standards for determining valid needs for 12,235
the release of tier II information under division (B)(4) of 12,236
section 3750.10 of the Revised Code; 12,237
(h) Identifying the types or categories of information 12,239
submitted or obtained under this chapter and rules adopted under 12,240
it that constitute confidential business information; 12,241
(i) Establishing criteria and procedures to protect trade 12,243
secret and confidential business information from unauthorized 12,244
disclosure; 12,245
(j) Establishing other requirements or authorizations that 12,247
the commission considers necessary or appropriate to implement, 12,248
administer, and enforce this chapter. 12,249
(2) Adopt rules in accordance with Chapter 119. of the 12,251
Revised Code to implement and administer this chapter that may be 12,252
more stringent than the "Emergency Planning and Community 12,253
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 12,254
and regulations adopted under it. Rules adopted under this 12,255
division (B)(2) OF THIS SECTION shall not be inconsistent with 12,256
that act or the regulations adopted under it. The rules shall: 12,258
(a) Prescribe the information to be included in the 12,260
chemical emergency response and preparedness plans prepared and 12,261
submitted by local emergency planning committees under section 12,262
287
3750.04 of the Revised Code; 12,263
(b) Establish criteria and procedures for reviewing the 12,265
chemical emergency response and preparedness plans of local 12,266
emergency planning committees required by section 3750.04 of the 12,267
Revised Code and the annual exercise of those plans and for 12,268
providing concurrence or requesting modifications in the plans 12,269
and the exercise of those plans. The criteria shall include, 12,270
without limitation, the requirement that each exercise of a 12,271
committee's plan involve, in addition to local emergency response 12,272
and medical personnel, either a facility that is subject to the 12,273
plan or a transporter of materials that are identified or listed 12,274
as hazardous materials by regulations adopted under the 12,275
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 12,276
49 U.S.C.A. 1801, as amended. 12,277
(c) Establish policies and procedures for maintaining 12,279
information submitted to the commission and local emergency 12,280
planning committees under this chapter, and for receiving and 12,281
fulfilling requests from the public for access to review and to 12,282
obtain copies of that information. The criteria and procedures 12,283
shall include the following requirements and authorizations 12,284
regarding that information and access to it: 12,285
(i) Information that is protected as trade secret 12,287
information or confidential business information under this 12,288
chapter and rules adopted under it shall be kept in files that 12,289
are separate from those containing information that is not so 12,290
protected;. 12,291
(ii) The original copies of information submitted to the 12,293
commission or committee shall not be removed from the custody and 12,294
control of the commission or committee;. 12,295
(iii) A person who, either in person or by mail, requests 12,297
to obtain a copy of a material safety data sheet submitted under 12,298
this chapter by a facility owner or operator shall submit a 12,299
separate application for each facility for which a material 12,300
safety data sheet is being requested;. 12,301
288
(iv) A person who requests to receive by mail a copy of 12,303
information submitted under this chapter by a facility owner or 12,304
operator shall submit a separate application for each facility 12,305
for which information is being requested, and shall specify both 12,306
the facility for which information is being requested and the 12,307
particular types of documents requested;. 12,308
(v) Only employees of the commission or committee shall 12,310
copy information in the files of the commission or committee;. 12,311
(vi) The commission or committee may require any person 12,313
who requests to review or obtain a copy of information in its 12,314
files to schedule an appointment for that purpose with the 12,315
information coordinator of the commission or committee at least 12,316
twenty-four hours before arriving at the office of the commission 12,317
or committee for the review or copy. 12,318
(vii) Any person who seeks access to information in the 12,320
files of the commission or a local emergency planning committee 12,321
shall submit a written application, either in person or by mail, 12,322
to the information coordinator on a form provided by the 12,323
commission or committee. The person also shall provide the 12,324
person's name and current mailing address on the application and 12,326
may be requested by the commission or committee to provide basic 12,327
demographic information on the form to assist in the evaluation 12,328
of the information access provisions of this chapter and rules 12,329
adopted under it. Application forms may be obtained by mail or 12,330
in person or by request by telephone at the office of the 12,331
commission or committee during regular business hours. Upon 12,332
receipt of a request for an application by telephone or mail, the 12,333
information coordinator shall promptly mail an application to the 12,334
person who requested it. 12,335
(viii) The application form shall provide the applicant 12,337
with a means of indicating that the applicant's name and address 12,339
are to be kept confidential. If the applicant so indicates, that 12,340
information is not a public record under section 149.43 of the 12,341
Revised Code and shall not be disclosed to any person who is not 12,342
289
a member or employee of the commission or committee or an 12,343
employee of the environmental protection agency. When a name and 12,344
address are to be kept confidential, they also shall be deleted 12,345
from the copy of the application required to be placed in the 12,346
file of the facility under division (B)(2)(c)(xii) of this 12,347
section and shall be withheld from any log of information 12,348
requests kept by the commission or committee pursuant to that 12,349
division. 12,350
(ix) Neither the commission nor a local emergency planning 12,352
committee shall charge any fee for access to review information 12,353
in its files when no copies or computer searches of that 12,354
information are requested;. 12,355
(x) An applicant shall be informed of the cost of copying, 12,357
mailing, or conducting a computer search of information on file 12,358
with the commission or committee before such a copy or search is 12,359
made, and the commission or committee shall collect the 12,360
appropriate fees as established under section 3750.13 of the 12,361
Revised Code. Each applicant shall acknowledge on the 12,362
application form that the applicant is aware that the applicant 12,364
will be charged for copies and computer searches of that 12,365
information the applicant requests and for the costs of mailing 12,367
copies of the information to the applicant.
(xi) The commission or committee may require a person 12,369
requesting copies of information on file with it to take delivery 12,370
of them in the office of the commission or committee whenever it 12,371
considers the volume of the information to be large enough to 12,372
make mailing or delivery by a parcel or package delivery service 12,373
impractical;. 12,374
(xii) When the commission or committee receives a request 12,376
for access to review or obtain copies of information in its 12,377
files, it shall not routinely notify the owner or operator of the 12,378
facility involved, but instead shall either keep a log or file of 12,379
requests for the information or shall place a copy of each 12,380
completed application form in the file for the facility to which 12,381
290
the application pertains. Such a log or file shall be available 12,382
for review by the public and by the owners and operators of 12,383
facilities required to submit information to the commission or 12,384
committee under this chapter and rules adopted under it. 12,385
(d) Require that claims for the protection, as a trade 12,387
secret, of information obtained under this chapter regarding 12,388
extremely hazardous substances identified or listed in rules 12,389
adopted under division (B)(1)(a) of this section and hazardous 12,390
chemicals identified or listed in rules adopted under division 12,391
(B)(1)(b) of this section be submitted to the administrator of 12,392
the United States environmental protection agency for 12,393
determination under section 322 of the "Emergency Planning and 12,394
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 12,395
11042, and regulations adopted under that section; 12,396
(e) Establish criteria and procedures for the issuance of 12,398
variances under divisions (B) and (C) of section 3750.11 of the 12,399
Revised Code. The rules shall require that, before approval of 12,400
an application for a variance, the commission or committee find 12,401
by a preponderance of the scientific evidence based upon 12,402
generally accepted scientific principles or laboratory tests that 12,403
the extremely hazardous substances, hazardous chemicals, or 12,404
hazardous substances that would be subject to the reporting 12,405
requirement pose a substantial risk of catastrophic injury to 12,406
public health or safety or to the environment, or pose an 12,407
extraordinary risk of injury to emergency management personnel 12,408
responding to a release of the chemicals or substances, when the 12,409
substances or chemicals are present at a facility in an amount 12,410
equal to or exceeding the quantity for which reporting would be 12,411
required under the reporting requirement for which the variance 12,412
is sought. The rules shall also require that before approval of 12,413
an application for a variance, the commission or committee find 12,414
by a preponderance of the evidence that the development and 12,415
implementation of a local emergency response plan for releases of 12,416
the substances or chemicals covered by the reporting requirement 12,417
291
will reduce the risk of catastrophic injury to public health or 12,418
safety or to the environment, or will reduce the extraordinary 12,419
risk of injury to responding emergency management personnel, in 12,420
the event of a release of the substances or chemicals and find by 12,421
a preponderance of the evidence that the reporting requirement is 12,422
necessary for the development of such a local emergency response 12,423
plan. The rules shall require that when determining whether the 12,424
substances or chemicals that would be subject to the reporting 12,425
requirement pose a substantial risk of catastrophic injury to 12,426
public health or safety or to the environment, or pose an 12,427
extraordinary risk of injury to emergency management personnel 12,428
responding to a release of the substance or chemical, the 12,429
commission or committee consider all of the following factors: 12,430
(i) The specific characteristics and degree and nature of 12,432
the hazards posed by a release of the extremely hazardous 12,433
substances, hazardous chemicals, or hazardous substances; 12,434
(ii) The proximity of the facilities that would be subject 12,436
to the reporting requirement to residential areas, to areas where 12,437
significantly large numbers of people are employed or otherwise 12,438
congregate, and to environmental resources that are subject to 12,439
injury; 12,440
(iii) The quantities of the extremely hazardous 12,442
substances, hazardous chemicals, or hazardous substances that are 12,443
routinely present at facilities that would be subject to the 12,444
reporting requirement; 12,445
(iv) The frequency with which the extremely hazardous 12,447
substances, hazardous chemicals, or hazardous substances are 12,448
present at the facilities that would be subject to the reporting 12,449
requirement in quantities for which reporting would be required 12,450
thereunder. 12,451
(f) Establish criteria and procedures for the issuance of 12,453
orders under division (D) of section 3750.11 of the Revised Code 12,454
requiring the placement of emergency response lock box units. 12,455
The rules shall require that before approval of an application 12,456
292
for issuance of such an order, the commission or committee find 12,457
by a preponderance of the scientific evidence based upon 12,458
generally accepted scientific principles or laboratory tests that 12,459
the presence of the extremely hazardous substances, hazardous 12,460
chemicals, or hazardous substances in the quantities in which 12,461
they are routinely or intermittently present at the facility for 12,462
which the order is sought pose a substantial risk of catastrophic 12,463
injury to public health or safety or to the environment, or pose 12,464
an extraordinary risk of injury to responding emergency 12,465
management personnel, in the event of a release of any of those 12,466
substances or chemicals from the facility. The rules shall 12,467
require that before approval of an application for issuance of 12,468
such an order, the commission or committee also find by a 12,469
preponderance of the evidence that the placement of an emergency 12,470
response lock box unit at the facility is necessary to protect 12,471
against the substantial risk of catastrophic injury to public 12,472
health or safety or the environment, or to protect against an 12,473
extraordinary risk of injury to responding emergency management 12,474
personnel, in the event of a release of any of the extremely 12,475
hazardous substances, hazardous chemicals, or hazardous 12,476
substances routinely or intermittently present at the facility. 12,477
The rules shall require that when determining whether the 12,478
extremely hazardous substances, hazardous chemicals, or hazardous 12,479
substances present at the facility pose a substantial risk of 12,480
catastrophic injury to public health or safety or to the 12,481
environment, or pose an extraordinary risk of injury to 12,482
responding emergency management personnel, in the event of a 12,483
release of any of those substances or chemicals from the 12,484
facility, the commission or committee consider all of the 12,485
following factors: 12,486
(i) The specific characteristics and the degree and nature 12,488
of the hazards posed by a release of the extremely hazardous 12,489
substances, hazardous chemicals, or hazardous substances present 12,490
at the facility; 12,491
293
(ii) The proximity of the facility to residential areas, 12,493
to areas where significantly large numbers of people are employed 12,494
or otherwise congregate, and to environmental resources that are 12,495
subject to injury; 12,496
(iii) The quantities of the extremely hazardous 12,498
substances, hazardous chemicals, or hazardous substances that are 12,499
routinely present at the facility; 12,500
(iv) The frequency with which the extremely hazardous 12,502
substances, hazardous chemicals, or hazardous substances are 12,503
present at the facility. 12,504
(g) Establish procedures to be followed by the commission 12,506
and the executive committee of the commission for the issuance of 12,507
orders under this chapter. 12,508
(3) In accordance with Chapter 119. of the Revised Code 12,510
adopt rules establishing reportable quantities for releases of 12,511
oil that are consistent with and equivalent in scope, content, 12,512
and coverage to section 311 of the "Federal Water Pollution 12,513
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 12,514
as amended, and applicable regulations adopted under it.; 12,515
(4) Adopt rules in accordance with Chapter 119. of the 12,517
Revised Code establishing criteria and procedures for identifying 12,518
or listing extremely hazardous substances in addition to those 12,519
identified or listed in rules adopted under division (B)(1)(a) of 12,520
this section and for establishing threshold planning quantities 12,521
and reportable quantities for the added extremely hazardous 12,522
substances; for identifying or listing hazardous chemicals in 12,523
addition to those identified or listed in rules adopted under 12,524
division (B)(1)(b) of this section and for establishing threshold 12,525
quantities and categories of health and physical hazards for the 12,526
added hazardous chemicals; and for identifying or listing 12,527
hazardous substances in addition to those identified or listed in 12,528
rules adopted under division (B)(1)(c) OF THIS SECTION and for 12,529
establishing reportable quantities for the added hazardous 12,531
substances. The criteria for identifying or listing additional 12,532
294
extremely hazardous substances and establishing threshold 12,533
planning quantities and reportable quantities therefor and for 12,534
identifying or listing additional hazardous chemicals and 12,535
establishing threshold quantities and categories of health and 12,536
physical hazards for the added hazardous chemicals shall be 12,537
consistent with and equivalent to applicable criteria therefor 12,538
under the "Emergency Planning and Community Right-To-Know Act of 12,539
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 12,540
under it. The criteria for identifying additional hazardous 12,541
substances and for establishing reportable quantities of the 12,542
added hazardous substances shall be consistent with and 12,543
equivalent to the applicable criteria for identifying or listing 12,544
hazardous substances and establishing reportable quantities 12,545
therefor under the "Comprehensive Environmental Response, 12,546
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 12,547
U.S.C.A. 9602, as amended, and regulations adopted under it. The 12,548
THE rules shall require that, before identifying or listing 12,551
any such additional extremely hazardous substance, hazardous 12,552
chemical, or hazardous substance and establishing a threshold 12,553
planning quantity, threshold quantity, or reportable quantity 12,554
therefor, the commission find by a preponderance of the 12,555
scientific evidence based on generally accepted scientific 12,556
principles or laboratory tests that the substance or chemical 12,557
poses a substantial risk of catastrophic injury to public health 12,558
or safety or to the environment, or poses an extraordinary risk 12,559
of injury to emergency management personnel responding to a 12,560
release of the chemical or substance, when the chemical or 12,561
substance is present at a facility in an amount equal to the 12,562
proposed threshold planning quantity or threshold quantity or, in 12,563
the instance of a proposed additional extremely hazardous 12,564
substance or hazardous substance, poses a substantial risk of 12,565
catastrophic injury to public health or safety or to the 12,566
environment if a release of the proposed reportable quantity of 12,567
the substance occurs. The rules shall further require that, 12,568
295
before so identifying or listing a substance or chemical, the 12,569
commission find by a preponderance of the evidence that the 12,570
development and implementation of state or local emergency 12,571
response plans for releases of the substance or chemical will 12,572
reduce the risk of a catastrophic injury to public health or 12,573
safety or to the environment, or will reduce the extraordinary 12,574
risk of injury to responding emergency response personnel, in the 12,575
event of a release of the substance or chemical and find by a 12,576
preponderance of the evidence that the identification or listing 12,577
of the substance or chemical is necessary for the development of 12,578
state or local emergency response plans for releases of the 12,579
substance or chemical. The rules shall require that the 12,580
commission consider the toxicity of the substance or chemical in 12,581
terms of both the short-term and long-term health effects 12,582
resulting from exposure to it and its reactivity, volatility, 12,583
dispersibility, combustibility, and flammability when determining 12,584
the risks posed by a release of the substance or chemical and, as 12,585
appropriate, when establishing a threshold planning quantity, 12,586
threshold quantity, reportable quantity, or category of health or 12,587
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 12,589
Revised Code establishing criteria and procedures for receiving 12,590
and deciding claims for protection of information as a trade 12,591
secret that are applicable only to extremely hazardous substances 12,592
and hazardous chemicals identified or listed in rules adopted 12,593
under division (C)(5) of this section. The rules shall be 12,594
equivalent in scope, content, and coverage to section 322 of the 12,595
"Emergency Planning and Community Right-To-Know Act of 1986," 100 12,596
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 12,597
(6)(a) After consultation with the fire marshal, adopt 12,599
rules in accordance with Chapter 119. of the Revised Code 12,600
establishing standards for the construction, placement, and use 12,601
of emergency response lock box units at facilities that are 12,602
subject to this chapter. The rules shall establish all of the 12,603
296
following: 12,604
(i) Specific standards of construction for lock box units; 12,606
(ii) The specific types of information that shall be 12,608
placed in the lock box units required to be placed at a facility 12,609
by an order issued under division (D) of section 3750.11 of the 12,610
Revised Code, which shall include the location of on-site 12,611
emergency fire-fighting and spill cleanup equipment; a diagram of 12,612
the public and private water supply and sewage systems serving 12,613
the facility that are known to the owner or operator of the 12,614
facility; a copy of the emergency and hazardous chemical 12,615
inventory form for the facility most recently required to be 12,616
submitted under section 3750.08 of the Revised Code from which 12,617
the owner or operator may withhold information claimed or 12,618
determined to be trade secret information pursuant to rules 12,619
adopted under division (B)(2)(d) of this section, or pursuant to 12,620
division (B)(14) of this section and rules adopted under division 12,621
(B)(5) of this section, and confidential business information 12,622
identified in rules adopted under division (B)(1)(h) of this 12,623
section; a copy of the local fire department's and facility's 12,624
emergency management plans for the facility, if any; a current 12,625
list of the names, positions, addresses, and telephone numbers of 12,626
all key facility personnel knowledgeable in facility safety 12,627
procedures and the locations at the facility where extremely 12,628
hazardous substances, hazardous chemicals, and hazardous 12,629
substances are produced, used, or stored. The rules shall 12,630
stipulate that, in the instance of lock box units placed 12,631
voluntarily at facilities by the owners or operators of the 12,632
facilities, such information shall be maintained in them as is 12,633
prescribed by agreement by the owner or operator and the fire 12,634
department having jurisdiction over the facility. 12,635
(iii) The conditions that shall be met in order to provide 12,637
safe and expedient access to a lock box unit during a release or 12,638
threatened release of an extremely hazardous substance, hazardous 12,639
chemical, or hazardous substance. 12,640
297
(b) Unless the owner or operator of a facility is issued 12,642
an order under division (D) of section 3750.11 of the Revised 12,643
Code requiring the owner or operator to place a lock box unit at 12,645
the facility, the owner or operator may place a lock box unit at 12,646
the facility at the owner's or operator's discretion. If the 12,648
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 12,650
box unit is in addition to any other obligations established in 12,651
this chapter.
(c) Any costs associated with the purchase, construction, 12,653
or placement of a lock box unit shall be paid by the owner or 12,654
operator of the facility. 12,655
(7) In accordance with Chapter 119. of the Revised Code, 12,657
adopt rules governing the application for and awarding of grants 12,658
under division (C) of section 3750.14 and division (B) of section 12,659
3750.15 of the Revised Code; 12,660
(8) Adopt rules in accordance with Chapter 119. of the 12,662
Revised Code establishing reasonable maximum fees that may be 12,663
charged by the commission and local emergency planning committees 12,664
for copying information in the commission's or committee's files 12,665
to fulfill requests from the public for that information; 12,666
(9) Adopt internal management rules governing the 12,668
operations of the commission. The internal management rules 12,669
shall establish an executive committee of the commission 12,670
consisting of the director of environmental protection or the 12,671
director's designee, the director of public safety or the 12,673
director's designee, the attorney general or the attorney 12,675
general's designee, one of the appointed members of the 12,677
commission representing industries subject to this chapter to be 12,678
appointed by the commission, one of the appointed members of the 12,679
commission representing the interests of environmental advocacy 12,680
organizations to be appointed by the commission, and one other 12,681
appointed member or member ex officio of the commission to be 12,682
appointed by the commission. The executive committee has 12,683
298
exclusive authority to issue enforcement orders under section 12,684
3750.18 of the Revised Code and to request the attorney general 12,685
to bring a civil action, civil penalty action, or criminal action 12,686
under section 3750.20 of the Revised Code in the name of the 12,687
commission regarding violations of this chapter, rules adopted 12,688
under it, or orders issued under it. The internal management 12,689
rules may set forth the other specific powers and duties of the 12,690
commission that the executive committee may exercise and carry 12,691
out and the conditions under which the executive committee may do 12,692
so. The internal management rules shall not authorize the 12,693
executive committee to issue variances under division (B) or (C) 12,694
of section 3750.11 of the Revised Code or orders under division 12,695
(D) of that section.
(10) Oversee and coordinate the implementation and 12,697
enforcement of this chapter and make such recommendations to the 12,698
director of environmental protection and the director of public 12,700
safety as it considers necessary or appropriate to improve the 12,701
implementation and enforcement of this chapter; 12,702
(11) Make allocations of moneys under division (B) of 12,704
section 3750.14 of the Revised Code and make grants under 12,705
division (C) of section 3750.14 and division (B) of section 12,706
3750.15 of the Revised Code; 12,707
(12) Designate an officer of the environmental protection 12,709
agency to serve as the commission's information coordinator under 12,710
this chapter; 12,711
(13) Not later than December 14, 1989, develop and 12,714
distribute a state emergency response plan that defines the 12,716
emergency response roles and responsibilities of the state 12,717
agencies that are represented on the commission and that provides 12,718
appropriate coordination with the national contingency plan and 12,719
the regional contingency plan required by section 105 of the 12,720
"Comprehensive Environmental Response, Compensation, and 12,721
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 12,722
amended. The plan shall ensure a well-coordinated response by 12,723
299
state agencies that may be involved in assisting local emergency 12,724
responders during a major release of oil or a major sudden and 12,725
accidental release of a hazardous substance or extremely 12,726
hazardous substance. The plan may incorporate existing state 12,727
emergency response plans by reference. At least annually, the 12,728
commission and the state agencies that are represented on it 12,729
shall jointly exercise the state plan in conjunction with the 12,730
exercise of a local emergency response plan by a local emergency 12,731
planning committee under section 3750.04 of the Revised Code. 12,732
After any such exercise, the commission shall review the state 12,733
plan and make such revisions in it as the commission considers 12,734
necessary or appropriate.
(14) Receive and decide claims for the protection of 12,736
information as a trade secret that pertain only to extremely 12,737
hazardous substances and hazardous chemicals identified or listed 12,738
by rules adopted under division (C)(5) of this section. If the 12,739
commission determines that the claim meets the criteria 12,740
established in rules adopted under division (B)(5) of this 12,741
section, it shall issue an order to that effect in accordance 12,742
with section 3750.18 of the Revised Code. If the commission 12,743
determines that the claim does not meet the criteria established 12,744
in those rules, it shall issue an order to that effect in 12,745
accordance with section 3750.18 of the Revised Code. 12,746
(15) Annually compile, make available to the public, and 12,748
submit to the president of the senate and the speaker of the 12,749
house of representatives a summary report on the number of 12,750
facilities estimated to be subject to regulation under sections 12,751
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 12,752
facilities reporting to the commission, an estimate of the 12,753
percentage of facilities in compliance with those sections, and 12,754
recommendations regarding the types of activities the commission 12,755
considers necessary to improve such compliance. The commission 12,756
shall base its estimate of the number of facilities that are 12,757
subject to regulation under those sections on the current 12,758
300
estimates provided by the local emergency planning committees 12,759
under division (D)(6) of section 3750.03 of the Revised Code. 12,760
(C) The commission may: 12,762
(1) Procure by contract the temporary or intermittent 12,764
services of experts or consultants when those services are to be 12,765
performed on a part-time or fee-for-service basis and do not 12,766
involve the performance of administrative duties; 12,767
(2) Enter into contracts or agreements with political 12,769
subdivisions or emergency planning districts for the purposes of 12,770
this chapter; 12,771
(3) Accept on behalf of the state any gift, grant, or 12,773
contribution from any governmental or private source, for the 12,774
purposes of this chapter; 12,775
(4) Enter into contracts, agreements, or memoranda of 12,777
understanding with any state department, agency, board, 12,778
commission, or institution to obtain the services of personnel 12,779
thereof or utilize resources thereof for the purposes of this 12,780
chapter. Employees of a state department, agency, board, 12,781
commission, or institution providing services to the commission 12,782
under any such contract, agreement, or memorandum shall perform 12,783
only those functions and provide only the services provided for 12,784
in the contract, agreement, or memorandum. 12,785
(5) Identify or list extremely hazardous substances in 12,787
addition to those identified or listed in rules adopted under 12,788
division (B)(1)(a) of this section and establish threshold 12,789
planning quantities and reportable quantities for the additional 12,790
extremely hazardous substances, identify or list hazardous 12,791
chemicals in addition to those identified or listed in rules 12,792
adopted under division (B)(1)(b) of this section and establish 12,793
threshold quantities and categories or health and physical 12,794
hazards for the added chemicals, and identify or list hazardous 12,795
substances in addition to those identified or listed in rules 12,796
adopted under division (B)(1)(c) of this section and establish 12,797
reportable quantities for the added hazardous substances. The 12,798
301
commission may establish threshold planning quantities for the 12,799
additional extremely hazardous substances based upon classes of 12,800
those substances or categories of facilities at which they are 12,801
present and may establish threshold quantities for the additional 12,802
hazardous chemicals based upon classes of those chemicals or 12,803
categories of facilities where they are present. The commission 12,804
shall identify or list such additional substances or chemicals 12,805
and establish threshold planning quantities, threshold 12,806
quantities, reportable quantities, and hazard categories therefor 12,807
in accordance with the criteria and procedures established in 12,808
rules adopted under division (B)(4) of this section and, after 12,809
compliance with those criteria and procedures, by the adoption of 12,810
rules in accordance with Chapter 119. of the Revised Code. The 12,811
commission shall not adopt rules under division (C)(5) of this 12,812
section modifying any threshold planning quantity established in 12,813
rules adopted under division (B)(1)(a) of this section, any 12,814
threshold quantity established in rules adopted under division 12,815
(B)(1)(b) of this section, nor OR any reportable quantity 12,816
established in rules adopted under division (B)(1)(c) of this 12,817
section. 12,818
If, after the commission has adopted rules under this 12,820
division (C)(5) OF THIS SECTION identifying or listing an 12,821
extremely hazardous substance, hazardous chemical, or hazardous 12,823
substance, the administrator of the United States environmental 12,824
protection agency identifies or lists the substance or chemical 12,825
as an extremely hazardous substance or hazardous chemical under 12,826
the "Emergency Planning and Community Right-To-Know Act of 1986," 12,827
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 12,828
substance as a hazardous substance under the "Comprehensive 12,829
Environmental Response, Compensation, and Liability Act of 1980," 12,830
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 12,831
rescind its rules adopted under DIVISION (C)(5) OF this section 12,832
pertaining to the substance or chemical and adopt the appropriate 12,834
rules under division (B)(1)(a), (b), or (c) of this section. 12,835
302
(6) From time to time, request the director of 12,837
environmental protection and the deputy EXECUTIVE director of the 12,839
emergency management agency to review implementation, 12,840
administration, and enforcement of the chemical emergency 12,841
response planning and reporting programs created by this chapter 12,842
and rules adopted under it regarding their effectiveness in 12,843
preparing for response to releases of extremely hazardous 12,844
substances, hazardous chemicals, and hazardous substances. After 12,845
completion of any such review, the director of environmental 12,846
protection and the director of public safety shall report their 12,848
findings to the commission. Upon receipt of their findings, the 12,850
commission may make such recommendations for legislative and 12,851
administrative action as the commission finds necessary or 12,852
appropriate to promote achievement of the purposes of this 12,853
chapter.
(D) Except as provided in section 3750.06 of the Revised 12,855
Code, nothing in this chapter applies to the transportation, 12,856
including the storage incident to transportation, of any 12,857
substance or chemical subject to the requirements of this 12,858
chapter, including the transportation and distribution of natural 12,859
gas. 12,860
(E) This chapter authorizes the state, through the 12,862
emergency response commission, the department of public safety, 12,864
and THE environmental protection agency, to establish and 12,865
maintain chemical emergency response planning and preparedness, 12,866
community right-to-know, and hazardous substance and extremely 12,867
hazardous substance release reporting programs that are 12,868
consistent with and equivalent in scope, coverage, and content to 12,869
the "Emergency Planning and Community Right-To-Know Act of 1986," 12,870
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 12,872
it, except as otherwise specifically required or authorized in 12,873
this chapter. The commission, department, and agencies may do 12,875
all things necessary, incidental, or appropriate to implement, 12,876
administer, and enforce this chapter and to perform the duties 12,877
303
and exercise the powers of the state emergency response 12,878
commission under that act and regulations adopted under it and 12,879
under this chapter.
Sec. 3793.10. A drivers' intervention program may be used 12,888
as an alternative to a term of imprisonment for an offender 12,889
sentenced pursuant to division (A)(1) of section 4511.99 of the 12,890
Revised Code, if it is certified by the director of alcohol and 12,891
drug addiction services pursuant to this section. No drivers' 12,892
intervention program shall be used as an alternative to a term of 12,893
imprisonment that is imposed pursuant to division (A)(2), (3), or 12,895
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 12,897
funds from the drivers' STATEWIDE treatment and intervention 12,899
PREVENTION fund created by division (L) of section 4511.191 12,900
4301.30 of the Revised Code in any amounts and at any times that 12,902
the director determines are appropriate, a drivers' intervention 12,903
program shall meet state minimum standards that the director 12,904
shall establish by rule. The rules shall include, but are not 12,905
limited to, standards governing program course hours and content, 12,906
qualifications of program personnel, methods of identifying and 12,907
testing participants to isolate participants with alcohol and 12,908
drug abuse problems, referral of such persons to alcohol and drug 12,909
addiction programs, the prompt notification of courts by program 12,910
operators of the completion of the programs by persons required 12,911
by courts to attend them, and record keeping, including methods 12,912
of tracking participants for a reasonable time after they have 12,913
left the program. 12,914
The director shall issue a certificate to any qualified 12,916
drivers' intervention program. The certificate shall be IS valid 12,918
for three years.
Sec. 4105.17. (A) The fee for any inspection, OR 12,927
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 12,928
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 12,929
COMPLETED, by a general inspector of an elevator required to be 12,930
304
inspected under this chapter is thirty dollars plus five dollars 12,931
for each floor where the elevator stops. THE SUPERINTENDENT OF 12,932
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 12,933
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 12,934
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 12,935
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 12,936
fee for issuing or renewing a certificate of operation under 12,938
section 4105.15 of the Revised Code is thirty-five dollars. 12,939
(B) All other fees to be charged for any examination given 12,941
or other service performed by the division of industrial 12,942
compliance pursuant to this chapter shall be prescribed by the 12,944
board of building standards established by section 3781.07 of the 12,945
Revised Code. The fees shall be reasonably related to the costs 12,946
of such examination or other service. 12,947
(C) The board of building standards, subject to the 12,949
approval of the controlling board, may establish fees in excess 12,950
of the fees provided in division (A) of this section, provided 12,951
that the fees do not exceed the amounts established in division 12,952
(A) of this section by more than fifty per cent. Any moneys 12,953
collected under this section shall be paid into the state 12,954
treasury to the credit of the industrial compliance operating 12,956
fund created in section 121.084 of the Revised Code. 12,957
(D) Any person who fails to pay an inspection fee required 12,959
for any inspection conducted by the division pursuant to this 12,961
chapter within forty-five days after the inspection is conducted 12,962
shall pay a late payment fee equal to twenty-five per cent of the 12,963
inspection fee. 12,964
(E) In addition to the fee assessed in division (A) of 12,966
this section, the board of building standards shall assess a fee 12,967
of three dollars and twenty-five cents for each certificate of 12,968
operation or renewal thereof issued under division (A) of this 12,969
section and for each permit issued under section 4105.16 of the 12,970
Revised Code. The board shall adopt rules, in accordance with 12,971
305
Chapter 119. of the Revised Code, specifying the manner by which 12,972
the superintendent of the division of industrial compliance shall 12,974
collect and remit to the board the fees assessed under this 12,976
division and requiring that remittance of the fees be made at 12,977
least quarterly.
Sec. 4112.12. (A) There is hereby created the commission 12,986
on African-American males, which shall consist of not more than 12,987
forty-one members as follows: the directors or their designees 12,988
of the departments of health, development, alcohol and drug 12,989
addiction services, human services, rehabilitation and 12,990
correction, mental health, and youth services; the administrator 12,991
or his THE ADMINISTRATOR'S designee of the bureau of employment 12,992
services; the adjutant general or his THE ADJUTANT GENERAL'S 12,994
designee; the equal employment opportunity officer of the 12,995
department of administrative services or his THE EQUAL EMPLOYMENT 12,997
OPPORTUNITY OFFICER'S designee; the executive director or his THE 12,998
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 12,999
commission; the director or his THE DIRECTOR'S designee of the 13,001
office of criminal justice services; the superintendent of public 13,002
instruction; the chancellor or his THE CHANCELLOR'S designee of 13,003
the Ohio board of regents; two members of the house of 13,005
representatives appointed by the speaker of the house of 13,006
representatives; three members of the senate appointed by the 13,007
president of the senate; and not more than twenty-two members 13,008
appointed by the governor. The members appointed by the governor 13,009
shall include at least one representative of each of the 13,010
following: the national association for the advancement of 13,011
colored people; the urban league; an organization representing 13,012
black elected officials; an organization representing black 13,013
attorneys; the black religious community; the black business 13,014
community; the nonminority business community; AND organized 13,015
labor; and at least one black medical doctor, one black elected 13,016
member of a school board, AND one black educator,; and at least 13,017
two representatives of local private industry councils. The 13,018
306
remaining members that may be appointed by the governor shall be 13,019
selected from elected officials, civic and community leaders, and 13,020
representatives of the employment, criminal justice, education, 13,021
and health communities.
(B) Initial members of the commission shall be those 13,023
members serving on the governor's commission on socially 13,024
disadvantaged black males on June 30, 1991, in accordance with 13,025
executive orders 89-9 and 90-34. In the event that a member of 13,026
the general assembly serving on the commission on that date 13,027
pursuant to executive orders 89-9 and 90-34 is no longer a member 13,028
of the general assembly, the speaker of the house of 13,029
representatives or the president of the senate, as appropriate, 13,030
shall appoint a new member in accordance with division (A) of 13,031
this section. Of the initial members who are governor's 13,032
appointees, the governor shall designate seven who shall serve 13,033
terms ending June 30, 1993, seven who shall serve terms ending 13,034
June 30, 1994, and eight who shall serve terms ending June 30, 13,035
1995. Thereafter, terms of office shall be for three years, with 13,036
each term ending on the same day of the same month as did the 13,037
term that it succeeds. Each member shall hold office from the 13,038
date of his appointment until the end of the term for which he 13,039
THE MEMBER was appointed. Members may be reappointed. Vacancies 13,040
shall be filled in the manner provided for original appointments. 13,041
Any member appointed to fill a vacancy occurring prior to the 13,042
expiration date of the term for which his THE MEMBER'S 13,043
predecessor was appointed shall hold office as a member for the 13,044
remainder of that term. A member shall continue in office 13,045
subsequent to the expiration date of his THE MEMBER'S term until 13,046
his THE MEMBER'S successor takes office or until a period of 13,048
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 13,051
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 13,053
June 30, 1993. Thereafter, the commission annually shall elect a 13,054
307
chairman CHAIRPERSON from among its members. 13,055
(C) Members of the commission and members of subcommittees 13,057
appointed under division (B) of section 4112.13 of the Revised 13,058
Code shall not be compensated, but shall be reimbursed for their 13,059
necessary and actual expenses incurred in the performance of 13,060
their official duties. 13,061
(D) The Ohio civil rights commission shall oversee and 13,063
coordinate the activities of the commission. 13,064
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 13,066
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 13,067
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 13,068
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 13,069
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 13,070
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 13,071
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 13,072
VIOLATIONS OF THIS CHAPTER.
Sec. 4115.34. (A) If EXCEPT AS OTHERWISE PROVIDED IN 13,081
DIVISION (D) OF THIS SECTION, IF any state agency, political 13,082
subdivision, or instrumentality of the state intends to procure 13,083
any product or service, it shall determine whether the product or 13,085
service is on the procurement list published pursuant to section 13,086
4115.33 of the Revised Code; and it shall PROCURE, in accordance 13,088
with rules of the state committee for the purchase of products 13,089
and services provided by persons with severe disabilities, 13,090
procure such THE product or service at the fair market price 13,092
established by the committee from a qualified nonprofit agency 13,094
for persons with severe disabilities, if the product or service 13,095
is on the procurement list and is available within the period 13,096
required by that agency, subdivision, or instrumentality, 13,097
notwithstanding any law requiring the purchase of products and 13,099
services on a competitive bid basis. Sections 4115.31 to 4115.35 13,100
of the Revised Code do not apply if the products or services are 13,101
available for procurement from any state agency, political 13,102
308
subdivision, or instrumentality of the state and procurement from 13,103
such THAT agency, subdivision, or instrumentality is required 13,104
under any law in effect on August 13, 1976. 13,105
(B) The committee and any state agency, political 13,107
subdivision, or instrumentality of the state may enter into 13,108
contractual agreements, cooperative working relationships, or 13,109
other arrangements determined necessary for effective 13,110
coordination and efficient realization of the objectives of 13,111
sections 4115.31 to 4115.35 of the Revised Code and any other law 13,112
requiring procurement of products or services from any state 13,114
agency, political subdivision, or instrumentality of the state. 13,115
(C) Notwithstanding any other section of the Revised Code, 13,117
or any appropriations act, that may require a state agency, 13,118
political subdivision, or instrumentality of the state to 13,119
purchase supplies, services, or materials by means of a 13,120
competitive bid procedure, state agencies, political 13,121
subdivisions, or instrumentalities of the state need not utilize 13,122
the required bidding procedures if the supplies, services, or 13,123
materials are to be purchased from a qualified nonprofit agency 13,124
pursuant to sections 4115.31 to 4115.35 of the Revised Code. 13,125
(D) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 13,127
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 13,128
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 13,129
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 13,130
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 13,132
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 13,133
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 13,134
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 13,135
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 13,136
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 13,137
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 13,138
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 13,139
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
309
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 13,140
COMPILING CLEARINGHOUSE DATA. 13,141
Sec. 4163.07. (A)(1) Prior to transporting any large 13,150
quantity of special nuclear material or by-product material into 13,151
or through the state, the carrier or shipper of the material 13,152
shall notify the deputy EXECUTIVE director of the emergency 13,153
management agency established under section 5502.22 of the 13,154
Revised Code of the shipment. The notice shall be in writing and 13,155
be sent by certified mail and shall include the name of the 13,156
shipper; the name of the carrier; the type and quantity of the 13,157
special nuclear material or by-product material; the 13,158
transportation mode of the shipment; the proposed date and time 13,159
of shipment of the material into or through the state; and the 13,160
starting point, termination or exit point, scheduled route, and 13,161
each alternate route, if any, of the shipment. In order to 13,162
constitute effective notification under division (A)(1) of this 13,163
section, notification shall be received by the deputy EXECUTIVE 13,164
director at least forty-eight hours prior to entry of the 13,167
shipment into the state.
(2) The carrier or shipper of any shipment subject to 13,169
division (A)(1) of this section shall immediately notify the 13,170
deputy EXECUTIVE director of any change in the date and time of 13,172
the shipment or in the route of the shipment into or through the 13,173
state.
(B) Upon receipt of a notice of any shipment of a large 13,175
quantity of special nuclear material or by-product material into 13,176
or through the state, the deputy EXECUTIVE director of the 13,177
emergency management agency shall immediately notify the director 13,180
of public safety, the director of environmental protection, the 13,181
chairman CHAIRPERSON of the public utilities commission, and the 13,182
sheriff of each county along the proposed route, or any alternate 13,184
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 13,186
management agency shall not disclose to any person other than 13,188
310
those persons enumerated in division (B) of this section any 13,189
information pertaining to any shipment of special nuclear 13,190
material or by-product material prior to the time that the 13,191
shipment is completed.
(D) This section does not apply to radioactive materials, 13,193
other than by-products, shipped by or for the United States 13,194
department of defense and United States department of energy. 13,195
Nothing in this section shall require REQUIRES the disclosure of 13,197
any defense information or restricted data as defined in the 13,198
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 13,199
amended.
(E) No person shall transport or cause to be transported 13,201
into or through the state any large quantity of special or 13,202
by-product material without first providing the notice required 13,203
in division (A) of this section. 13,204
Sec. 4301.10. (A) The department or, beginning on July 1, 13,213
1997, the division of liquor control shall: 13,214
(1) Control the traffic in beer and intoxicating liquor in 13,216
this state, including the manufacture, importation, and sale of 13,218
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 13,220
distribution, transportation, and sale of beer and intoxicating 13,221
liquor and the sale of alcohol, as authorized or required by this 13,222
chapter and Chapter 4303. of the Revised Code; and a certificate 13,223
signed by the director or, beginning on July 1, 1997, the 13,224
superintendent of liquor control to which is affixed the official 13,226
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 13,227
issued to the person specified in the certificate, or that a 13,228
permit, if issued, has been revoked, canceled, or suspended shall 13,230
be received as prima-facie evidence of the facts recited in the 13,231
certificate in any court, or before any officer of this state; 13,233
(3) Put into operation, manage, and control a system of 13,235
state liquor stores for the sale of spirituous liquor at retail 13,236
311
and to holders of permits authorizing the sale of spirituous 13,237
liquor; however, the department or division shall not establish 13,238
any drive-in state liquor stores; and by means of those types of 13,239
stores, and any manufacturing plants, distributing and bottling 13,240
plants, warehouses, and other facilities that it considers 13,241
expedient, establish and maintain a state monopoly of the 13,242
distribution of spirituous liquor and its sale in packages or 13,243
containers; and for that purpose manufacture, buy, import, 13,244
possess, and sell spirituous liquors as provided in this chapter 13,245
and Chapter 4303. of the Revised Code, and in the rules 13,246
promulgated by the director or superintendent of liquor control 13,247
pursuant to those chapters; lease, or in any manner acquire the 13,248
use of any land or building required for any of those purposes; 13,249
purchase any equipment that is required; and borrow money to 13,250
carry on its business, and issue, sign, endorse, and accept 13,251
notes, checks, and bills of exchange; but all obligations of the 13,252
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 13,253
or division from the sale of spirituous liquor and its other 13,254
business transactions in connection with the sale of spirituous 13,255
liquor, and shall not be general obligations of the state; 13,257
(4) Enforce the administrative provisions of this chapter 13,259
and Chapter 4303. of the Revised Code, and the rules and orders 13,262
of the liquor control commission and the director or 13,263
superintendent relating to the manufacture, importation, 13,265
transportation, distribution, and sale of beer and intoxicating 13,266
liquors; and the attorney general, any prosecuting attorney, and 13,267
any prosecuting officer of a municipal corporation or a municipal 13,268
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 13,270
person charged with the violation of any provision in those 13,271
chapters or of any section of the Revised Code relating to the 13,272
manufacture, importation, transportation, distribution, and sale 13,273
of beer and intoxicating liquor; 13,274
312
(5) Determine the locations of all state liquor stores and 13,276
manufacturing, distributing, and bottling plants required in 13,277
connection therewith, subject to this chapter and Chapter 4303. 13,278
of the Revised Code; 13,279
(6) Conduct inspections of liquor permit premises to 13,281
determine compliance with the administrative provisions of this 13,283
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 13,284
Except as otherwise provided in division (A)(6) of this 13,286
section, those inspections may be conducted only during those 13,287
hours in which the permit holder is open for business and only by 13,288
authorized agents or employees of the department or division or 13,289
by any peace officer, as this term is defined in section 2935.01 13,290
of the Revised Code. Inspections may be conducted at other hours 13,291
only to determine compliance with laws or commission rules that 13,292
regulate the hours of sale of beer and intoxicating liquor and 13,293
only if the investigator has reasonable cause to believe that 13,294
those laws or rules are being violated. Any inspection conducted 13,295
pursuant to division (A)(6) of this section is subject to all of 13,296
the following requirements: 13,297
(a) The only property that may be confiscated is 13,299
contraband, as defined in section 2901.01 of the Revised Code, or 13,301
property that is otherwise necessary for evidentiary purposes. 13,302
(b) A complete inventory of all property confiscated from 13,304
the premises shall be given to the permit holder or the permit 13,305
holder's agent or employee by the confiscating agent or officer 13,307
at the conclusion of the inspection. At that time, the inventory 13,308
shall be signed by the confiscating agent or officer and the 13,309
agent or officer shall give the permit holder or the permit 13,310
holder's agent or employee the opportunity to sign the inventory. 13,311
(c) Inspections conducted pursuant to division (A)(6) of 13,313
this section shall be conducted in a reasonable manner. A 13,314
finding by any court of competent jurisdiction that the 13,315
inspection was not conducted in a reasonable manner in accordance 13,316
313
with this section or any rules promulgated by the commission may 13,317
be considered grounds for suppression of evidence. A finding by 13,318
the liquor control commission that the inspection was not 13,319
conducted in a reasonable manner in accordance with this section 13,320
or any rules promulgated by the commission may be considered 13,321
grounds for dismissal of the commission case. 13,322
If any court of competent jurisdiction finds that property 13,324
confiscated as the result of an administrative inspection is not 13,325
necessary for evidentiary purposes and is not contraband, as 13,326
defined in section 2901.01 of the Revised Code, the court shall 13,328
order the immediate return of the confiscated property, provided 13,329
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 13,330
property is not grounds for dismissal of the case. The 13,331
commission likewise may order the return of confiscated property 13,332
if no criminal prosecution is pending or anticipated. 13,333
(7) Delegate to any of its agents or employees any power 13,335
of investigation that the department or division possesses with 13,336
respect to the enforcement of any of the administrative laws 13,337
relating to beer and to intoxicating liquor, provided that this 13,338
division does not authorize the department or division to 13,339
designate any agent or employee to serve as a liquor control 13,340
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 13,341
director of public safety pursuant to sections 5502.13 and 13,342
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 13,344
this section, collect the following fees: 13,345
(a) An annual twenty-five-dollar registration fee for each 13,347
representative, registered pursuant to section 4303.25 of the 13,348
Revised Code, of a beer or intoxicating liquor manufacturer doing 13,349
business in this state; 13,350
(b) A fifty-dollar product registration fee for each new 13,352
beer or intoxicating liquor product sold in this state. The 13,353
314
product registration fee shall be accompanied by a copy of the 13,354
federal label and product approval for the new product. 13,355
(c) An annual three-hundred-dollar out-of-state supplier 13,357
consent-to-import fee from each manufacturer or supplier not 13,358
subject to division (A)(8)(e) of this section, in addition to an 13,360
initial application fee of one hundred dollars; 13,361
(d) An annual twenty-five-dollar registration fee for coil 13,363
cleaners of beer dispensing equipment doing business in this 13,364
state. 13,365
(e) An annual one-hundred-dollar out-of-state 13,367
consent-to-import fee, in addition to an initial application fee 13,368
of one hundred dollars, from any manufacturer or out-of-state 13,369
supplier that produced or shipped into this state in the 13,370
immediately preceding calendar year a total of five hundred or 13,371
fewer cases of seven-hundred-fifty milliliter equivalent of 13,372
intoxicating liquor and twelve-ounce equivalent of beer. 13,373
Each consent-to-import, representative's registration, and 13,375
coil cleaner registration issued under division (A)(8) of this 13,377
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 13,378
the year, ending on the uniform expiration date for each, which 13,379
shall be designated by the department or division, and is subject 13,380
to suspension, revocation, cancellation, or fine as authorized by 13,381
this chapter and Chapter 4303. of the Revised Code. 13,382
(9) Establish a system of electronic data interchange 13,384
within the department or division and regulate the electronic 13,385
transfer of information and funds among persons and governmental 13,387
entities engaged in the manufacture, distribution, and retail 13,388
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 13,390
implication conferred upon the department or division by this 13,391
chapter and Chapter 4303. of the Revised Code, and all powers 13,392
necessary for the exercise or discharge of any power, duty, or 13,393
function expressly conferred or imposed upon the department or 13,394
315
division by those chapters. 13,395
(B) The department or division may: 13,397
(1) Sue, but may be sued only in connection with the 13,399
execution of leases of real estate and the purchases and 13,400
contracts necessary for the operation of the state liquor stores 13,401
that are made under this chapter and Chapter 4303. of the Revised 13,402
Code; 13,403
(2) Enter into leases and contracts of all descriptions 13,405
and acquire and transfer title to personal property with regard 13,407
to the sale, distribution, and storage of spirituous liquor 13,408
within the state;
(3) Terminate at will any lease entered into pursuant to 13,410
division (B)(2) of this section upon first giving ninety days' 13,412
notice in writing to the lessor of its intention to do so; 13,413
(4) Fix the wholesale and retail prices at which the 13,415
various classes, varieties, and brands of spirituous liquor shall 13,416
be sold by the department. Those retail prices shall be the same 13,417
at all state liquor stores, except to the extent that a price 13,418
differential is required to collect a county sales tax levied 13,419
pursuant to section 5739.021 of the Revised Code and for which 13,420
tax the tax commissioner has authorized prepayment pursuant to 13,421
section 5739.05 of the Revised Code. In fixing selling prices, 13,422
the department or division shall compute an anticipated gross 13,423
profit at least sufficient to provide in each calendar year all 13,424
costs and expenses of the department or division and also an 13,425
adequate working capital reserve for the department or division. 13,426
The gross profit shall not exceed forty per cent of the retail 13,428
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 13,429
Code to be paid into the state treasury. An amount equal to one 13,430
and one-half per cent of that gross profit shall be paid into the 13,431
alcoholism-detoxification centers STATEWIDE TREATMENT AND 13,432
PREVENTION fund created under BY section 4301.30 of the Revised 13,434
Code and be appropriated by the general assembly from the fund to 13,435
316
the department of alcohol and drug addiction services as provided 13,436
in section 4301.30 of the Revised Code. 13,437
On spirituous liquor manufactured in Ohio from the juice of 13,439
grapes or fruits grown in Ohio, the department or division shall 13,440
compute an anticipated gross profit of not to exceed ten per 13,441
cent. The wholesale prices shall be at a discount of not less 13,442
than twelve and one-half per cent of the retail selling prices as 13,443
determined by the department or division in accordance with this 13,444
section.
(C) The department or division may approve the expansion 13,446
or diminution of a premises to which a liquor permit has been 13,448
issued and may adopt standards governing such an expansion or 13,449
diminution.
Sec. 4301.30. All fees collected by the division of liquor 13,459
control shall be deposited in the state treasury to the credit of 13,460
the undivided liquor permit fund, which is hereby created, at the 13,461
time prescribed under section 4301.12 of the Revised Code. Each 13,462
payment shall be accompanied by a statement showing separately 13,463
the amount collected for each class of permits in each municipal 13,464
corporation and in each township outside the limits of any 13,465
municipal corporation in such township. An amount equal to fifty 13,466
dollars for each fee received for a D-2 permit, which is not 13,467
placed in operation immediately upon a D-3 permit premises, and 13,468
twenty-five dollars for each fee received for a C-2 permit, shall 13,469
be paid from the undivided liquor permit fund into the general 13,470
revenue fund.
Prior to the fees received for a D-2 permit, which is not 13,472
in operation immediately upon a D-3 permit premises, and a C-2 13,473
permit being paid into the general revenue fund, an amount equal 13,474
to twenty-one per cent of the undivided liquor permit fund shall 13,475
be paid into the alcoholism-detoxification centers STATEWIDE 13,476
TREATMENT AND PREVENTION fund, which is hereby created in the 13,478
state treasury. Such THIS amount shall be appropriated by the 13,479
general assembly, together with an amount equal to one and 13,480
317
one-half per cent of the gross profit of the department of liquor 13,481
control derived under division (B)(4) of section 4301.10 of the 13,482
Revised Code, to the department of alcohol and drug addiction 13,483
services. In planning for the allocation of and in allocating 13,484
these amounts for the purposes of Chapter 3793. of the Revised 13,485
Code, the department of alcohol and drug addiction services shall 13,486
comply with the nondiscrimination provisions of Title VI of the 13,487
Civil Rights Act of 1964, and any rules adopted thereunder. 13,488
The moneys remaining in the undivided liquor permit fund 13,490
shall be distributed by the superintendent of liquor control at 13,492
quarterly calendar periods as follows: 13,493
(A) To each municipal corporation, the aggregate amount 13,495
shown by the statements to have been collected from permits 13,496
therein, for the use of the general fund of the municipal 13,497
corporation; 13,498
(B) To each township, the aggregate amount shown by the 13,500
statements to have been collected from permits in its territory, 13,501
outside the limits of any municipal corporation located therein, 13,502
for the use of the general fund of the township, or for fire 13,503
protection purposes, including buildings and equipment in the 13,504
township or in an established fire district within the township, 13,505
to the extent that the funds are derived from liquor permits 13,506
within the territory comprising such fire district. 13,507
For the purpose of the distribution required by this 13,509
section, E, H, and D permits covering boats or vessels are deemed 13,510
to have been issued in the municipal corporation or township 13,511
wherein the owner or operator of the vehicle, boat, vessel, or 13,512
dining car equipment to which the permit relates has the owner's 13,513
or operator's principal office or place of business within the 13,515
state.
Such distributions are subject to diminutions for refunds 13,517
as prescribed in section 4301.41 of the Revised Code. If the 13,518
liquor control commission is of the opinion that the police or 13,519
other officers of any municipal corporation or township entitled 13,520
318
to share in such distribution are refusing or culpably neglecting 13,521
to enforce this chapter and Chapter 4303. of the Revised Code, or 13,522
the penal laws of this state relating to the manufacture, 13,523
importation, transportation, distribution, and sale of beer and 13,524
intoxicating liquors, or if the prosecuting officer of a 13,525
municipal corporation or the municipal court thereof fails to 13,526
comply with the request of the commission authorized by division 13,527
(A)(4) of section 4301.10 of the Revised Code, the commission 13,528
may, by certified mail, MAY notify the chief executive officer of 13,530
the municipal corporation or the board of township trustees of 13,531
the township of such failure and require the immediate 13,532
cooperation of the responsible officers of the municipal 13,533
corporation or township with the division of liquor control in 13,534
the enforcement of such chapters and such penal laws. Within 13,536
thirty days after the notice is served, the commission shall 13,537
determine whether or not the requirement has been complied with. 13,538
If the commission determines that the requirement has not been 13,539
complied with, it may issue an order to the superintendent to 13,541
withhold the distributive share of the municipal corporation or 13,542
township until further order of the commission. This action of 13,543
the commission is reviewable within thirty days thereafter in the 13,544
court of common pleas of Franklin county. 13,545
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 13,554
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 13,557
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 13,559
distribution, and, except with respect to A-4 permit holders, 13,560
offer for sale. 13,561
(B) For the purposes of providing revenues for the support 13,564
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio, 13,565
except for known sacramental purposes, at the rate of thirty 13,566
cents per wine gallon for wine containing not less than four per 13,567
319
cent of alcohol by volume and not more than fourteen per cent of 13,568
alcohol by volume, ninety-eight cents per wine gallon for wine 13,569
containing more than fourteen per cent but not more than 13,570
twenty-one per cent of alcohol by volume, one dollar and eight 13,571
cents per wine gallon for vermouth, and one dollar and 13,572
forty-eight cents per wine gallon for sparkling and carbonated 13,573
wine and champagne, the tax to be paid by the holders of A-2 and 13,574
B-5 permits or by any other person selling or distributing wine 13,575
upon which no tax has been paid. From the tax paid under this 13,577
section on wine, vermouth, and sparkling and carbonated wine and 13,578
champagne, the treasurer of state shall credit to the Ohio grape 13,579
industries fund created under section 924.54 of the Revised Code 13,580
a sum equal to one cent per gallon for each gallon upon which the 13,581
tax is paid.
(C) For the purpose of providing revenues for the support 13,583
of the state, there is hereby levied a tax on prepared and 13,584
bottled highballs, cocktails, cordials, and other mixed beverages 13,585
at the rate of one dollar and twenty cents per wine gallon to be 13,586
paid by holders of A-4 permits or by any other person selling or 13,587
distributing those products upon which no tax has been paid. 13,588
Only one sale of the same article shall be used in computing the 13,589
amount of tax due. The tax on mixed beverages to be paid by 13,590
holders of A-4 permits under this section shall not attach until 13,591
the ownership of the mixed beverage is transferred for valuable 13,592
consideration to a wholesaler or retailer, and no payment of the 13,593
tax shall be required prior to that time. 13,594
(D) During the period from June 30, 1995, until July 1, 13,597
1999 2001, from the tax paid under this section on wine, 13,598
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 13,600
created under section 924.54 of the Revised Code a sum equal to 13,601
two cents per gallon upon which the tax is paid. The amount 13,602
credited under this division is in addition to the amount 13,603
credited to the Ohio grape industries fund under division (B) of
320
this section. 13,604
(E) For the purpose of providing revenues for the support 13,606
of the state, there is hereby levied a tax on cider at the rate 13,608
of twenty-four cents per wine gallon to be paid by the holders of 13,609
A-2 and B-5 permits or by any other person selling or 13,610
distributing cider upon which no tax has been paid. Only one 13,611
sale of the same article shall be used in computing the amount of 13,612
the tax due.
Sec. 4511.191. (A) Any person who operates a vehicle upon 13,621
a highway or any public or private property used by the public 13,622
for vehicular travel or parking within this state shall be deemed 13,623
to have given consent to a chemical test or tests of the person's 13,625
blood, breath, or urine for the purpose of determining the 13,626
alcohol, drug, or alcohol and drug content of the person's blood, 13,627
breath, or urine if arrested for operating a vehicle while under 13,629
the influence of alcohol, a drug of abuse, or alcohol and a drug 13,630
of abuse or for operating a vehicle with a prohibited 13,631
concentration of alcohol in the blood, breath, or urine. The 13,632
chemical test or tests shall be administered at the request of a 13,633
police officer having reasonable grounds to believe the person to 13,634
have been operating a vehicle upon a highway or any public or 13,635
private property used by the public for vehicular travel or 13,636
parking in this state while under the influence of alcohol, a 13,637
drug of abuse, or alcohol and a drug of abuse or with a 13,638
prohibited concentration of alcohol in the blood, breath, or 13,639
urine. The law enforcement agency by which the officer is 13,640
employed shall designate which of the tests shall be
administered. 13,641
(B) Any person who is dead or unconscious, or who is 13,643
otherwise in a condition rendering the person incapable of 13,644
refusal, shall be deemed not to have withdrawn consent as 13,646
provided by division (A) of this section and the test or tests 13,647
may be administered, subject to sections 313.12 to 313.16 of the 13,648
Revised Code. 13,649
321
(C)(1) Any person under arrest for operating a vehicle 13,651
while under the influence of alcohol, a drug of abuse, or alcohol 13,652
and a drug of abuse or for operating a vehicle with a prohibited 13,653
concentration of alcohol in the blood, breath, or urine shall be 13,654
advised at a police station, or at a hospital, first-aid station, 13,655
or clinic to which the person has been taken for first-aid or 13,656
medical treatment, of both of the following: 13,657
(a) The consequences, as specified in division (E) of this 13,659
section, of the person's refusal to submit upon request to a 13,660
chemical test designated by the law enforcement agency as 13,662
provided in division (A) of this section; 13,663
(b) The consequences, as specified in division (F) of this 13,665
section, of the person's submission to the designated chemical 13,667
test if the person is found to have a prohibited concentration of 13,668
alcohol in the blood, breath, or urine. 13,669
(2)(a) The advice given pursuant to division (C)(1) of 13,671
this section shall be in a written form containing the 13,672
information described in division (C)(2)(b) of this section and 13,673
shall be read to the person. The form shall contain a statement 13,674
that the form was shown to the person under arrest and read to 13,675
the person in the presence of the arresting officer and either 13,677
another police officer, a civilian police employee, or an 13,678
employee of a hospital, first-aid station, or clinic, if any, to 13,679
which the person has been taken for first-aid or medical 13,680
treatment. The witnesses shall certify to this fact by signing 13,681
the form.
(b) The form required by division (C)(2)(a) of this 13,683
section shall read as follows: 13,684
"You now are under arrest for operating a vehicle while 13,686
under the influence of alcohol, a drug of abuse, or both alcohol 13,687
and a drug of abuse and will be requested by a police officer to 13,688
submit to a chemical test to determine the concentration of 13,689
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 13,690
blood, breath, or urine. 13,691
322
If you refuse to submit to the requested test or if you 13,693
submit to the requested test and are found to have a prohibited 13,694
concentration of alcohol in your blood, breath, or urine, your 13,695
driver's or commercial driver's license or permit or nonresident 13,696
operating privilege immediately will be suspended for the period 13,697
of time specified by law by the officer, on behalf of the 13,698
registrar of motor vehicles. You may appeal this suspension at 13,699
your initial appearance before the court that hears the charges 13,700
against you resulting from the arrest, and your initial 13,701
appearance will be conducted no later than five days after the 13,702
arrest. This suspension is independent of the penalties for the 13,703
offense, and you may be subject to other penalties upon 13,704
conviction." 13,705
(D)(1) If a person under arrest as described in division 13,707
(C)(1) of this section is not asked by a police officer to submit 13,708
to a chemical test designated as provided in division (A) of this 13,709
section, the arresting officer shall seize the Ohio or 13,710
out-of-state driver's or commercial driver's license or permit of 13,711
the person and immediately forward the seized license or permit 13,712
to the court in which the arrested person is to appear on the 13,713
charge for which the person was arrested. If the arrested person 13,714
does not have the person's driver's or commercial driver's 13,715
license or permit on the person's self or in the person's 13,716
vehicle, the arresting officer shall order the arrested person to 13,718
surrender it to the law enforcement agency that employs the 13,720
officer within twenty-four hours after the arrest, and, upon the 13,721
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 13,723
person is to appear on the charge for which the person was 13,724
arrested. Upon receipt of the license or permit, the court shall 13,726
retain it pending the initial appearance of the arrested person 13,727
and any action taken under section 4511.196 of the Revised Code. 13,728
If a person under arrest as described in division (C)(1) of 13,730
this section is asked by a police officer to submit to a chemical 13,731
323
test designated as provided in division (A) of this section and 13,732
is advised of the consequences of the person's refusal or 13,733
submission as provided in division (C) of this section and if the 13,734
person either refuses to submit to the designated chemical test 13,735
or the person submits to the designated chemical test and the 13,736
test results indicate that the person's blood contained a 13,737
concentration of ten-hundredths of one per cent or more by weight 13,738
of alcohol, the person's breath contained a concentration of 13,739
ten-hundredths of one gram or more by weight of alcohol per two 13,740
hundred ten liters of the person's breath, or the person's urine 13,741
contained a concentration of fourteen-hundredths of one gram or 13,743
more by weight of alcohol per one hundred milliliters of the 13,744
person's urine at the time of the alleged offense, the arresting 13,746
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 13,748
suspension upon the person that advises the person that, 13,749
independent of any penalties or sanctions imposed upon the person 13,751
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 13,753
license or permit or nonresident operating privilege is 13,754
suspended, that the suspension takes effect immediately, that the 13,755
suspension will last at least until the person's initial 13,756
appearance on the charge that will be held within five days after 13,758
the date of the person's arrest or the issuance of a citation to 13,760
the person, and that the person may appeal the suspension at the 13,762
initial appearance; seize the Ohio or out-of-state driver's or 13,763
commercial driver's license or permit of the person; and 13,764
immediately forward the seized license or permit to the 13,765
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 13,766
self or in the person's vehicle, the arresting officer shall 13,768
order the person to surrender it to the law enforcement agency 13,769
that employs the officer within twenty-four hours after the 13,770
service of the notice of suspension, and, upon the surrender, the 13,771
324
officer's employing agency immediately shall forward the license 13,772
or permit to the registrar. 13,773
(b) Verify the current residence of the person and, if it 13,775
differs from that on the person's driver's or commercial driver's 13,776
license or permit, notify the registrar of the change; 13,777
(c) In addition to forwarding the arrested person's 13,779
driver's or commercial driver's license or permit to the 13,780
registrar, send to the registrar, within forty-eight hours after 13,781
the arrest of the person, a sworn report that includes all of the 13,782
following statements: 13,783
(i) That the officer had reasonable grounds to believe 13,785
that, at the time of the arrest, the arrested person was 13,786
operating a vehicle upon a highway or public or private property 13,787
used by the public for vehicular travel or parking within this 13,788
state while under the influence of alcohol, a drug of abuse, or 13,789
alcohol and a drug of abuse or with a prohibited concentration of 13,790
alcohol in the blood, breath, or urine; 13,791
(ii) That the person was arrested and charged with 13,793
operating a vehicle while under the influence of alcohol, a drug 13,794
of abuse, or alcohol and a drug of abuse or with operating a 13,795
vehicle with a prohibited concentration of alcohol in the blood, 13,796
breath, or urine; 13,797
(iii) That the officer asked the person to take the 13,799
designated chemical test, advised the person of the consequences 13,800
of submitting to the chemical test or refusing to take the 13,801
chemical test, and gave the person the form described in division 13,802
(C)(2) of this section; 13,803
(iv) That the person refused to submit to the chemical 13,805
test or that the person submitted to the chemical test and the 13,806
test results indicate that the person's blood contained a 13,807
concentration of ten-hundredths of one per cent or more by weight 13,809
of alcohol, the person's breath contained a concentration of 13,810
ten-hundredths of one gram or more by weight of alcohol per two 13,811
hundred ten liters of the person's breath, or the person's urine 13,812
325
contained a concentration of fourteen-hundredths of one gram or 13,814
more by weight of alcohol per one hundred milliliters of the 13,815
person's urine at the time of the alleged offense; 13,817
(v) That the officer served a notice of suspension upon 13,819
the person as described in division (D)(1)(a) of this section. 13,820
(2) The sworn report of an arresting officer completed 13,822
under division (D)(1)(c) of this section shall be given by the 13,823
officer to the arrested person at the time of the arrest or sent 13,824
to the person by regular first class mail by the registrar as 13,825
soon thereafter as possible, but no later than fourteen days 13,826
after receipt of the report. An arresting officer may give an 13,827
unsworn report to the arrested person at the time of the arrest 13,828
provided the report is complete when given to the arrested person 13,829
and subsequently is sworn to by the arresting officer. As soon 13,830
as possible, but no later than forty-eight hours after the arrest 13,831
of the person, the arresting officer shall send a copy of the 13,832
sworn report to the court in which the arrested person is to 13,833
appear on the charge for which the person was arrested. 13,834
(3) The sworn report of an arresting officer completed and 13,836
sent to the registrar and the court under divisions (D)(1)(c) and 13,837
(D)(2) of this section is prima-facie proof of the information 13,838
and statements that it contains and shall be admitted and 13,839
considered as prima-facie proof of the information and statements 13,840
that it contains in any appeal under division (H) of this section 13,841
relative to any suspension of a person's driver's or commercial 13,842
driver's license or permit or nonresident operating privilege 13,843
that results from the arrest covered by the report. 13,844
(E)(1) Upon receipt of the sworn report of an arresting 13,846
officer completed and sent to the registrar and a court pursuant 13,847
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 13,848
person who refused to take the designated chemical test, the 13,849
registrar shall enter into the registrar's records the fact that 13,851
the person's driver's or commercial driver's license or permit or 13,852
nonresident operating privilege was suspended by the arresting 13,853
326
officer under division (D)(1)(a) of this section and the period 13,854
of the suspension, as determined under divisions (E)(1)(a) to (d) 13,855
of this section. The suspension shall be subject to appeal as 13,856
provided in this section and shall be for whichever of the 13,857
following periods applies: 13,858
(a) If the arrested person, within five years of the date 13,860
on which the person refused the request to consent to the 13,861
chemical test, had not refused a previous request to consent to a 13,863
chemical test of the person's blood, breath, or urine to 13,864
determine its alcohol content, the period of suspension shall be 13,866
one year. If the person is a resident without a license or 13,867
permit to operate a vehicle within this state, the registrar 13,868
shall deny to the person the issuance of a driver's or commercial 13,869
driver's license or permit for a period of one year after the 13,870
date of the alleged violation.
(b) If the arrested person, within five years of the date 13,872
on which the person refused the request to consent to the 13,873
chemical test, had refused one previous request to consent to a 13,875
chemical test of the person's blood, breath, or urine to 13,876
determine its alcohol content, the period of suspension or denial 13,878
shall be two years.
(c) If the arrested person, within five years of the date 13,880
on which the person refused the request to consent to the 13,881
chemical test, had refused two previous requests to consent to a 13,883
chemical test of the person's blood, breath, or urine to 13,884
determine its alcohol content, the period of suspension or denial 13,886
shall be three years.
(d) If the arrested person, within five years of the date 13,888
on which the person refused the request to consent to the 13,889
chemical test, had refused three or more previous requests to 13,891
consent to a chemical test of the person's blood, breath, or 13,892
urine to determine its alcohol content, the period of suspension 13,894
or denial shall be five years. 13,895
(2) The suspension or denial imposed under division (E)(1) 13,897
327
of this section shall continue for the entire one-year, two-year, 13,898
three-year, or five-year period, subject to appeal as provided in 13,899
this section and subject to termination as provided in division 13,900
(K) of this section. 13,901
(F) Upon receipt of the sworn report of an arresting 13,903
officer completed and sent to the registrar and a court pursuant 13,904
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 13,905
person whose test results indicate that the person's blood 13,906
contained a concentration of ten-hundredths of one per cent or 13,908
more by weight of alcohol, the person's breath contained a 13,909
concentration of ten-hundredths of one gram or more by weight of 13,910
alcohol per two hundred ten liters of the person's breath, or the 13,912
person's urine contained a concentration of fourteen-hundredths 13,913
of one gram or more by weight of alcohol per one hundred 13,914
milliliters of the person's urine at the time of the alleged 13,915
offense, the registrar shall enter into the registrar's records 13,916
the fact that the person's driver's or commercial driver's 13,918
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 13,919
this section and the period of the suspension, as determined 13,920
under divisions (F)(1) to (4) of this section. The suspension 13,921
shall be subject to appeal as provided in this section and shall 13,922
be for whichever of the following periods that applies: 13,923
(1) Except when division (F)(2), (3), or (4) of this 13,925
section applies and specifies a different period of suspension or 13,926
denial, the period of the suspension or denial shall be ninety 13,927
days.
(2) If the person has been convicted, within six years of 13,929
the date the test was conducted, of one violation of division (A) 13,932
or (B) of section 4511.19 of the Revised Code, a municipal 13,933
ordinance relating to operating a vehicle while under the 13,934
influence of alcohol, a drug of abuse, or alcohol and a drug of 13,935
abuse, a municipal ordinance relating to operating a vehicle with 13,936
a prohibited concentration of alcohol in the blood, breath, or 13,937
328
urine, section 2903.04 of the Revised Code in a case in which the 13,938
offender was subject to the sanctions described in division (D) 13,939
of that section, or section 2903.06, 2903.07, or 2903.08 of the 13,940
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 13,941
the jury or judge found that at the time of the commission of the 13,942
offense the offender was under the influence of alcohol, a drug 13,943
of abuse, or alcohol and a drug of abuse, or a statute of the 13,944
United States or of any other state or a municipal ordinance of a 13,945
municipal corporation located in any other state that is 13,946
substantially similar to division (A) or (B) of section 4511.19 13,947
of the Revised Code, the period of the suspension or denial shall 13,948
be one year.
(3) If the person has been convicted, within six years of 13,950
the date the test was conducted, of two violations of a statute 13,951
or ordinance described in division (F)(2) of this section, the 13,953
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 13,955
the date the test was conducted, of more than two violations of a 13,956
statute or ordinance described in division (F)(2) of this 13,957
section, the period of the suspension or denial shall be three 13,958
years. 13,959
(G)(1) A suspension of a person's driver's or commercial 13,961
driver's license or permit or nonresident operating privilege 13,962
under division (D)(1)(a) of this section for the period of time 13,963
described in division (E) or (F) of this section is effective 13,964
immediately from the time at which the arresting officer serves 13,965
the notice of suspension upon the arrested person. Any 13,966
subsequent finding that the person is not guilty of the charge 13,967
that resulted in the person being requested to take, or in the 13,969
person taking, the chemical test or tests under division (A) of 13,970
this section affects the suspension only as described in division 13,971
(H)(2) of this section. 13,972
(2) If a person is arrested for operating a vehicle while 13,974
329
under the influence of alcohol, a drug of abuse, or alcohol and a 13,975
drug of abuse or for operating a vehicle with a prohibited 13,976
concentration of alcohol in the blood, breath, or urine and 13,977
regardless of whether the person's driver's or commercial 13,978
driver's license or permit or nonresident operating privilege is 13,979
or is not suspended under division (E) or (F) of this section, 13,980
the person's initial appearance on the charge resulting from the 13,981
arrest shall be held within five days of the person's arrest or 13,982
the issuance of the citation to the person, subject to any 13,983
continuance granted by the court pursuant to division (H)(1) of 13,985
this section regarding the issues specified in that division. 13,986
(H)(1) If a person is arrested for operating a vehicle 13,988
while under the influence of alcohol, a drug of abuse, or alcohol 13,989
and a drug of abuse or for operating a vehicle with a prohibited 13,990
concentration of alcohol in the blood, breath, or urine and if 13,991
the person's driver's or commercial driver's license or permit or 13,992
nonresident operating privilege is suspended under division (E) 13,993
or (F) of this section, the person may appeal the suspension at 13,994
the person's initial appearance on the charge resulting from the 13,997
arrest in the court in which the person will appear on that 13,998
charge. If the person appeals the suspension at the person's 13,999
initial appearance, the appeal does not stay the operation of the 14,000
suspension. Subject to division (H)(2) of this section, no court 14,001
has jurisdiction to grant a stay of a suspension imposed under 14,002
division (E) or (F) of this section, and any order issued by any 14,003
court that purports to grant a stay of any suspension imposed 14,004
under either of those divisions shall not be given administrative 14,005
effect.
If the person appeals the suspension at the person's 14,007
initial appearance, either the person or the registrar may 14,008
request a continuance of the appeal. Either the person or the 14,010
registrar shall make the request for a continuance of the appeal 14,011
at the same time as the making of the appeal. If either the 14,012
person or the registrar requests a continuance of the appeal, the 14,013
330
court may grant the continuance. The court also may continue the 14,014
appeal on its own motion. The granting of a continuance applies 14,015
only to the conduct of the appeal of the suspension and does not 14,016
extend the time within which the initial appearance must be 14,017
conducted, and the court shall proceed with all other aspects of 14,018
the initial appearance in accordance with its normal procedures. 14,019
Neither the request for nor the granting of a continuance stays 14,020
the operation of the suspension that is the subject of the 14,021
appeal.
If the person appeals the suspension at the person's 14,023
initial appearance, the scope of the appeal is limited to 14,024
determining whether one or more of the following conditions have 14,025
not been met: 14,026
(a) Whether the law enforcement officer had reasonable 14,028
ground to believe the arrested person was operating a vehicle 14,029
upon a highway or public or private property used by the public 14,030
for vehicular travel or parking within this state while under the 14,031
influence of alcohol, a drug of abuse, or alcohol and a drug of 14,032
abuse or with a prohibited concentration of alcohol in the blood, 14,033
breath, or urine and whether the arrested person was in fact 14,034
placed under arrest; 14,035
(b) Whether the law enforcement officer requested the 14,037
arrested person to submit to the chemical test designated 14,038
pursuant to division (A) of this section; 14,039
(c) Whether the arresting officer informed the arrested 14,041
person of the consequences of refusing to be tested or of 14,042
submitting to the test; 14,043
(d) Whichever of the following is applicable: 14,045
(i) Whether the arrested person refused to submit to the 14,047
chemical test requested by the officer; 14,048
(ii) Whether the chemical test results indicate that the 14,050
arrested person's blood contained a concentration of 14,051
ten-hundredths of one per cent or more by weight of alcohol, the 14,053
person's breath contained a concentration of ten-hundredths of 14,055
331
one gram or more by weight of alcohol per two hundred ten liters 14,056
of the person's breath, or the person's urine contained a 14,057
concentration of fourteen-hundredths of one gram or more by 14,059
weight of alcohol per one hundred milliliters of the person's 14,060
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 14,062
appearance, the judge or referee of the court or the mayor of the 14,063
mayor's court shall determine whether one or more of the 14,064
conditions specified in divisions (H)(1)(a) to (d) of this 14,065
section have not been met. The person who appeals the suspension 14,066
has the burden of proving, by a preponderance of the evidence, 14,067
that one or more of the specified conditions has not been met. 14,068
If during the appeal at the initial appearance the judge or 14,069
referee of the court or the mayor of the mayor's court determines 14,070
that all of those conditions have been met, the judge, referee, 14,071
or mayor shall uphold the suspension, shall continue the 14,072
suspension, and shall notify the registrar of the decision on a 14,073
form approved by the registrar. Except as otherwise provided in 14,074
division (H)(2) of this section, if the suspension is upheld or 14,075
if the person does not appeal the suspension at the person's 14,076
initial appearance under division (H)(1) of this section, the 14,077
suspension shall continue until the complaint alleging the 14,078
violation for which the person was arrested and in relation to 14,079
which the suspension was imposed is adjudicated on the merits by 14,080
the judge or referee of the trial court or by the mayor of the 14,081
mayor's court. If the suspension was imposed under division (E) 14,082
of this section and it is continued under this division, any 14,083
subsequent finding that the person is not guilty of the charge 14,084
that resulted in the person being requested to take the chemical 14,085
test or tests under division (A) of this section does not 14,086
terminate or otherwise affect the suspension. If the suspension 14,087
was imposed under division (F) of this section and it is 14,088
continued under this division, the suspension shall terminate if, 14,089
for any reason, the person subsequently is found not guilty of 14,090
332
the charge that resulted in the person taking the chemical test 14,091
or tests under division (A) of this section. 14,092
If, during the appeal at the initial appearance, the judge 14,094
or referee of the trial court or the mayor of the mayor's court 14,095
determines that one or more of the conditions specified in 14,096
divisions (H)(1)(a) to (d) of this section have not been met, the 14,097
judge, referee, or mayor shall terminate the suspension, subject 14,098
to the imposition of a new suspension under division (B) of 14,099
section 4511.196 of the Revised Code; shall notify the registrar 14,100
of the decision on a form approved by the registrar; and, except 14,101
as provided in division (B) of section 4511.196 of the Revised 14,103
Code, shall order the registrar to return the driver's or 14,104
commercial driver's license or permit to the person or to take 14,105
such measures as may be necessary, if the license or permit was 14,106
destroyed under section 4507.55 of the Revised Code, to permit 14,107
the person to obtain a replacement driver's or commercial 14,108
driver's license or permit from the registrar or a deputy 14,109
registrar in accordance with that section. The court also shall 14,110
issue to the person a court order, valid for not more than ten 14,111
days from the date of issuance, granting the person operating 14,112
privileges for that period of time.
If the person appeals the suspension at the initial 14,114
appearance, the registrar shall be represented by the prosecuting 14,115
attorney of the county in which the arrest occurred if the 14,116
initial appearance is conducted in a juvenile court or county 14,117
court, except that if the arrest occurred within a city or 14,118
village within the jurisdiction of the county court in which the 14,119
appeal is conducted, the city director of law or village 14,120
solicitor of that city or village shall represent the registrar. 14,121
If the appeal is conducted in a municipal court, the registrar 14,122
shall be represented as provided in section 1901.34 of the 14,123
Revised Code. If the appeal is conducted in a mayor's court, the 14,124
registrar shall be represented by the city director of law, 14,125
village solicitor, or other chief legal officer of the municipal 14,126
333
corporation that operates that mayor's court. 14,127
(I)(1) If a person's driver's or commercial driver's 14,129
license or permit or nonresident operating privilege has been 14,130
suspended pursuant to division (E) of this section, and the 14,131
person, within the preceding seven years, has refused three 14,132
previous requests to consent to a chemical test of the person's 14,134
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 14,135
of division (A) or (B) of section 4511.19 of the Revised Code, a 14,136
municipal ordinance relating to operating a vehicle while under 14,137
the influence of alcohol, a drug of abuse, or alcohol and a drug 14,138
of abuse, a municipal ordinance relating to operating a vehicle 14,139
with a prohibited concentration of alcohol in the blood, breath, 14,140
or urine, section 2903.04 of the Revised Code in a case in which 14,141
the person was subject to the sanctions described in division (D) 14,142
of that section, or section 2903.06, 2903.07, or 2903.08 of the 14,143
Revised Code or a municipal ordinance that is substantially 14,144
similar to section 2903.07 of the Revised Code in a case in which 14,145
the jury or judge found that the person was under the influence 14,146
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 14,147
statute of the United States or of any other state or a municipal 14,148
ordinance of a municipal corporation located in any other state 14,149
that is substantially similar to division (A) or (B) of section 14,150
4511.19 of the Revised Code, the person is not entitled to 14,151
request, and the court shall not grant to the person, 14,152
occupational driving privileges under this division. Any other 14,153
person whose driver's or commercial driver's license or 14,154
nonresident operating privilege has been suspended pursuant to 14,155
division (E) of this section may file a petition requesting 14,156
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 14,157
is a minor, juvenile court with jurisdiction over the related 14,159
criminal or delinquency case. The petition may be filed at any 14,160
time subsequent to the date on which the notice of suspension is 14,161
334
served upon the arrested person. The person shall pay the costs 14,162
of the proceeding, notify the registrar of the filing of the 14,163
petition, and send the registrar a copy of the petition. 14,164
In the proceedings, the registrar shall be represented by 14,166
the prosecuting attorney of the county in which the arrest 14,167
occurred if the petition is filed in the juvenile court, county 14,168
court, or common pleas court, except that, if the arrest occurred 14,169
within a city or village within the jurisdiction of the county 14,171
court in which the petition is filed, the city director of law or 14,172
village solicitor of that city or village shall represent the 14,173
registrar. If the petition is filed in the municipal court, the 14,174
registrar shall be represented as provided in section 1901.34 of 14,175
the Revised Code. If the petition is filed in a mayor's court, 14,176
the registrar shall be represented by the city director of law, 14,177
village solicitor, or other chief legal officer of the municipal 14,178
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 14,180
suspension would seriously affect the person's ability to 14,181
continue in the person's employment, may grant the person 14,182
occupational driving privileges during the period of suspension 14,184
imposed pursuant to division (E) of this section, subject to the 14,185
limitations contained in this division and division (I)(2) of 14,186
this section. The court may grant the occupational driving 14,187
privileges, subject to the limitations contained in this division 14,188
and division (I)(2) of this section, regardless of whether the 14,189
person appeals the suspension at the person's initial appearance 14,191
under division (H)(1) of this section or appeals the decision of 14,192
the court made pursuant to the appeal conducted at the initial 14,193
appearance, and, if the person has appealed the suspension or 14,194
decision, regardless of whether the matter at issue has been 14,195
heard or decided by the court. The court shall not grant 14,196
occupational driving privileges to any person who, within seven 14,197
years of the filing of the petition, has refused three previous 14,198
requests to consent to a chemical test of the person's blood, 14,200
335
breath, or urine to determine its alcohol content or has been 14,201
convicted of or pleaded guilty to three or more violations of 14,202
division (A) or (B) of section 4511.19 of the Revised Code, a 14,203
municipal ordinance relating to operating a vehicle while under 14,204
the influence of alcohol, a drug of abuse, or alcohol and a drug 14,205
of abuse, a municipal ordinance relating to operating a vehicle 14,206
with a prohibited concentration of alcohol in the blood, breath, 14,207
or urine, section 2903.04 of the Revised Code in a case in which 14,208
the person was subject to the sanctions described in division (D) 14,209
of that section, or section 2903.06, 2903.07, or 2903.08 of the 14,210
Revised Code or a municipal ordinance that is substantially 14,211
similar to section 2903.07 of the Revised Code in a case in which 14,212
the jury or judge found that the person was under the influence 14,213
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 14,214
statute of the United States or of any other state or a municipal 14,215
ordinance of a municipal corporation located in any other state 14,216
that is substantially similar to division (A) or (B) of section 14,217
4511.19 of the Revised Code, and shall not grant occupational 14,218
driving privileges for employment as a driver of commercial motor 14,219
vehicles to any person who is disqualified from operating a 14,220
commercial motor vehicle under section 2301.374 or 4506.16 of the 14,221
Revised Code.
(2)(a) In granting occupational driving privileges under 14,223
division (I)(1) of this section, the court may impose any 14,224
condition it considers reasonable and necessary to limit the use 14,225
of a vehicle by the person. The court shall deliver to the 14,226
person a permit card, in a form to be prescribed by the court, 14,227
setting forth the time, place, and other conditions limiting the 14,228
defendant's use of a vehicle. The grant of occupational driving 14,229
privileges shall be conditioned upon the person's having the 14,230
permit in the person's possession at all times during which the 14,232
person is operating a vehicle. 14,233
A person granted occupational driving privileges who 14,235
operates a vehicle for other than occupational purposes, in 14,236
336
violation of any condition imposed by the court, or without 14,237
having the permit in the person's possession, is guilty of a 14,238
violation of section 4507.02 of the Revised Code. 14,240
(b) The court may not grant a person occupational driving 14,242
privileges under division (I)(1) of this section when prohibited 14,243
by a limitation contained in that division or during any of the 14,244
following periods of time: 14,245
(i) The first thirty days of suspension imposed upon a 14,247
person who, within five years of the date on which the person 14,248
refused the request to consent to a chemical test of the person's 14,250
blood, breath, or urine to determine its alcohol content and for 14,252
which refusal the suspension was imposed, had not refused a 14,253
previous request to consent to a chemical test of the person's 14,254
blood, breath, or urine to determine its alcohol content; 14,256
(ii) The first ninety days of suspension imposed upon a 14,258
person who, within five years of the date on which the person 14,259
refused the request to consent to a chemical test of the person's 14,261
blood, breath, or urine to determine its alcohol content and for 14,263
which refusal the suspension was imposed, had refused one 14,264
previous request to consent to a chemical test of the person's 14,265
blood, breath, or urine to determine its alcohol content; 14,267
(iii) The first year of suspension imposed upon a person 14,269
who, within five years of the date on which the person refused 14,271
the request to consent to a chemical test of the person's blood, 14,273
breath, or urine to determine its alcohol content and for which 14,274
refusal the suspension was imposed, had refused two previous 14,275
requests to consent to a chemical test of the person's blood, 14,276
breath, or urine to determine its alcohol content; 14,278
(iv) The first three years of suspension imposed upon a 14,280
person who, within five years of the date on which the person 14,281
refused the request to consent to a chemical test of the person's 14,283
blood, breath, or urine to determine its alcohol content and for 14,285
which refusal the suspension was imposed, had refused three or 14,286
more previous requests to consent to a chemical test of the 14,287
337
person's blood, breath, or urine to determine its alcohol 14,289
content.
(3) The court shall give information in writing of any 14,291
action taken under this section to the registrar. 14,292
(4) If a person's driver's or commercial driver's license 14,294
or permit or nonresident operating privilege has been suspended 14,295
pursuant to division (F) of this section, and the person, within 14,296
the preceding seven years, has been convicted of or pleaded 14,297
guilty to three or more violations of division (A) or (B) of 14,298
section 4511.19 of the Revised Code, a municipal ordinance 14,299
relating to operating a vehicle while under the influence of 14,300
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 14,301
municipal ordinance relating to operating a vehicle with a 14,302
prohibited concentration of alcohol in the blood, breath, or 14,303
urine, section 2903.04 of the Revised Code in a case in which the 14,304
person was subject to the sanctions described in division (D) of 14,305
that section, or section 2903.06, 2903.07, or 2903.08 of the 14,306
Revised Code or a municipal ordinance that is substantially 14,307
similar to section 2903.07 of the Revised Code in a case in which 14,308
the jury or judge found that the person was under the influence 14,309
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 14,310
statute of the United States or of any other state or a municipal 14,311
ordinance of a municipal corporation located in any other state 14,313
that is substantially similar to division (A) or (B) of section 14,314
4511.19 of the Revised Code, the person is not entitled to 14,315
request, and the court shall not grant to the person, 14,316
occupational driving privileges under this division. Any other 14,317
person whose driver's or commercial driver's license or 14,318
nonresident operating privilege has been suspended pursuant to 14,319
division (F) of this section may file in the court specified in 14,320
division (I)(1) of this section a petition requesting 14,321
occupational driving privileges in accordance with section 14,322
4507.16 of the Revised Code. The petition may be filed at any 14,323
time subsequent to the date on which the arresting officer serves 14,324
338
the notice of suspension upon the arrested person. Upon the 14,325
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 14,326
The court may grant the occupational driving privileges, subject 14,327
to the limitations contained in section 4507.16 of the Revised 14,328
Code, regardless of whether the person appeals the suspension at 14,329
the person's initial appearance under division (H)(1) of this 14,331
section or appeals the decision of the court made pursuant to the 14,332
appeal conducted at the initial appearance, and, if the person 14,333
has appealed the suspension or decision, regardless of whether 14,334
the matter at issue has been heard or decided by the court. 14,335
(J) When it finally has been determined under the 14,337
procedures of this section that a nonresident's privilege to 14,338
operate a vehicle within this state has been suspended, the 14,339
registrar shall give information in writing of the action taken 14,340
to the motor vehicle administrator of the state of the person's 14,341
residence and of any state in which the person has a license. 14,342
(K) A suspension of the driver's or commercial driver's 14,344
license or permit of a resident, a suspension of the operating 14,345
privilege of a nonresident, or a denial of a driver's or 14,346
commercial driver's license or permit pursuant to division (E) or 14,348
(F) of this section shall be terminated by the registrar upon 14,350
receipt of notice of the person's entering a plea of guilty to, 14,351
or of the person's conviction of, operating a vehicle while under 14,353
the influence of alcohol, a drug of abuse, or alcohol and a drug 14,354
of abuse or with a prohibited concentration of alcohol in the 14,355
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 14,356
incident that led to the suspension or denial. 14,357
The registrar shall credit against any judicial suspension 14,359
of a person's driver's or commercial driver's license or permit 14,360
or nonresident operating privilege imposed pursuant to division 14,361
(B) or (E) of section 4507.16 of the Revised Code any time during 14,362
which the person serves a related suspension imposed pursuant to 14,363
339
division (E) or (F) of this section. 14,364
(L) At the end of a suspension period under this section, 14,366
section 4511.196, or division (B) of section 4507.16 of the 14,367
Revised Code and upon the request of the person whose driver's or 14,368
commercial driver's license or permit was suspended and who is 14,369
not otherwise subject to suspension, revocation, or 14,370
disqualification, the registrar shall return the driver's or 14,371
commercial driver's license or permit to the person upon the 14,372
person's compliance with all of the conditions specified in 14,374
divisions (L)(1) and (2) of this section: 14,375
(1) A showing by the person that the person has proof of 14,377
financial responsibility, a policy of liability insurance in 14,379
effect that meets the minimum standards set forth in section 14,380
4509.51 of the Revised Code, or proof, to the satisfaction of the 14,381
registrar, that the person is able to respond in damages in an 14,382
amount at least equal to the minimum amounts specified in section 14,383
4509.51 of the Revised Code. 14,384
(2) Subject to the limitation contained in division (L)(3) 14,387
of this section, payment by the person of a license reinstatement 14,388
fee of four hundred five dollars to the bureau of motor vehicles, 14,391
which fee shall be deposited in the state treasury and credited 14,392
as follows: 14,393
(a) One hundred twelve dollars and fifty cents shall be 14,396
credited to the drivers' STATEWIDE treatment and intervention 14,397
PREVENTION fund, which is hereby established CREATED BY SECTION 14,398
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 14,399
costs of driver treatment and intervention programs operated 14,400
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 14,401
The director of alcohol and drug addiction services shall 14,402
determine the share of the fund that is to be allocated to 14,403
alcohol and drug addiction programs authorized by section 3793.02 14,404
of the Revised Code, and the share of the fund that is to be 14,405
allocated to drivers' intervention programs authorized by section 14,406
3793.10 of the Revised Code.
340
(b) Seventy-five dollars shall be credited to the 14,408
reparations fund created by section 2743.191 of the Revised Code. 14,410
(c) Thirty-seven dollars and fifty cents shall be credited 14,413
to the indigent drivers alcohol treatment fund, which is hereby 14,414
established. Except as otherwise provided in division (L)(2)(c) 14,416
of this section, moneys in the fund shall be distributed by the 14,417
department of alcohol and drug addiction services to the county 14,418
indigent drivers alcohol treatment funds, the county juvenile 14,419
indigent drivers alcohol treatment funds, and the municipal 14,420
indigent drivers alcohol treatment funds that are required to be 14,421
established by counties and municipal corporations pursuant to 14,422
division (N) of this section, and shall be used only to pay the 14,423
cost of an alcohol and drug addiction treatment program attended 14,424
by an offender or juvenile traffic offender who is ordered to 14,425
attend an alcohol and drug addiction treatment program by a 14,426
county, juvenile, or municipal court judge and who is determined 14,427
by the county, juvenile, or municipal court judge not to have the 14,428
means to pay for attendance at the program or to pay the costs
specified in division (N)(4) of this section in accordance with 14,429
that division. Moneys in the fund that are not distributed to a 14,431
county indigent drivers alcohol treatment fund, a county juvenile 14,432
indigent drivers alcohol treatment fund, or a municipal indigent 14,433
drivers alcohol treatment fund under division (N) of this section 14,434
because the director of alcohol and drug addiction services does 14,435
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 14,436
arrested may be transferred by the director of budget and 14,437
management to the drivers' STATEWIDE treatment and intervention 14,438
PREVENTION fund, created in division (L)(2)(a) of this BY section 14,439
4301.30 OF THE REVISED CODE, upon certification of the amount by 14,440
the director of alcohol and drug addiction services. 14,442
(d) Seventy-five dollars shall be credited to the Ohio 14,444
rehabilitation services commission established by section 3304.12 14,445
of the Revised Code, to the services for rehabilitation fund, 14,446
341
which is hereby established. The fund shall be used to match 14,447
available federal matching funds where appropriate, and for any 14,448
other purpose or program of the commission to rehabilitate people 14,449
with disabilities to help them become employed and independent. 14,450
(e) Seventy-five dollars shall be deposited into the state 14,453
treasury and credited to the drug abuse resistance education 14,454
programs fund, which is hereby established, to be used by the 14,455
attorney general for the purposes specified in division (L)(4) of 14,457
this section.
(f) Thirty dollars shall be credited to the state bureau 14,459
of motor vehicles fund created by section 4501.25 of the Revised 14,460
Code.
(3) If a person's driver's or commercial driver's license 14,462
or permit is suspended under division (E) or (F) of this section, 14,464
section 4511.196, or division (B) of section 4507.16 of the 14,465
Revised Code, or any combination of the suspensions described in 14,466
division (L)(3) of this section, and if the suspensions arise 14,467
from a single incident or a single set of facts and
circumstances, the person is liable for payment of, and shall be 14,468
required to pay to the bureau, only one reinstatement fee of four 14,469
hundred five dollars. The reinstatement fee shall be distributed 14,470
by the bureau in accordance with division (L)(2) of this section. 14,471
(4) The attorney general shall use amounts in the drug 14,473
abuse resistance education programs fund to award grants to law 14,474
enforcement agencies to establish and implement drug abuse 14,475
resistance education programs in public schools. Grants awarded 14,476
to a law enforcement agency under division (L)(2)(e) of this 14,477
section shall be used by the agency to pay for not more than 14,478
fifty per cent of the amount of the salaries of law enforcement 14,479
officers who conduct drug abuse resistance education programs in 14,480
public schools. The attorney general shall not use more than six 14,481
per cent of the amounts the attorney general's office receives 14,483
under division (L)(2)(e) of this section to pay the costs it 14,484
incurs in administering the grant program established by division 14,485
342
(L)(2)(e) of this section and in providing training and materials 14,486
relating to drug abuse resistance education programs. 14,487
The attorney general shall report to the governor and the 14,489
general assembly each fiscal year on the progress made in 14,490
establishing and implementing drug abuse resistance education 14,491
programs. These reports shall include an evaluation of the 14,492
effectiveness of these programs. 14,493
(M) Suspension of a commercial driver's license under 14,495
division (E) or (F) of this section shall be concurrent with any 14,496
period of disqualification under section 2301.374 or 4506.16 of 14,497
the Revised Code. No person who is disqualified for life from 14,498
holding a commercial driver's license under section 4506.16 of 14,499
the Revised Code shall be issued a driver's license under Chapter 14,500
4507. of the Revised Code during the period for which the 14,501
commercial driver's license was suspended under division (E) or 14,502
(F) of this section, and no person whose commercial driver's 14,503
license is suspended under division (E) or (F) of this section 14,504
shall be issued a driver's license under that chapter during the 14,505
period of the suspension. 14,506
(N)(1) Each county shall establish an indigent drivers 14,508
alcohol treatment fund, each county shall establish a juvenile 14,509
indigent drivers alcohol treatment fund, and each municipal 14,510
corporation in which there is a municipal court shall establish 14,511
an indigent drivers alcohol treatment fund. All revenue that the 14,512
general assembly appropriates to the indigent drivers alcohol 14,513
treatment fund for transfer to a county indigent drivers alcohol 14,514
treatment fund, a county juvenile indigent drivers alcohol 14,515
treatment fund, or a municipal indigent drivers alcohol treatment 14,516
fund, all portions of fees that are paid under division (L) of 14,517
this section and that are credited under that division to the 14,518
indigent drivers alcohol treatment fund in the state treasury for 14,519
a county indigent drivers alcohol treatment fund, a county 14,520
juvenile indigent drivers alcohol treatment fund, or a municipal 14,521
indigent drivers alcohol treatment fund, and all portions of 14,522
343
fines that are specified for deposit into a county or municipal 14,523
indigent drivers alcohol treatment fund by section 4511.193 of 14,524
the Revised Code shall be deposited into that county indigent 14,525
drivers alcohol treatment fund, county juvenile indigent drivers 14,526
alcohol treatment fund, or municipal indigent drivers alcohol 14,527
treatment fund in accordance with division (N)(2) of this 14,528
section. Additionally, all portions of fines that are paid for a 14,529
violation of section 4511.19 of the Revised Code or division 14,530
(B)(2) of section 4507.02 of the Revised Code, and that are 14,531
required under division (A)(1) or (2) of section 4511.99 or 14,532
division (B)(5) of section 4507.99 of the Revised Code to be 14,533
deposited into a county indigent drivers alcohol treatment fund 14,534
or municipal indigent drivers alcohol treatment fund shall be 14,535
deposited into the appropriate fund in accordance with the 14,536
applicable division. 14,537
(2) That portion of the license reinstatement fee that is 14,539
paid under division (L) of this section and that is credited 14,540
under that division to the indigent drivers alcohol treatment 14,541
fund shall be deposited into a county indigent drivers alcohol 14,542
treatment fund, a county juvenile indigent drivers alcohol 14,543
treatment fund, or a municipal indigent drivers alcohol treatment 14,544
fund as follows: 14,545
(a) If the suspension in question was imposed under this 14,547
section, that portion of the fee shall be deposited as follows: 14,548
(i) If the fee is paid by a person who was charged in a 14,550
county court with the violation that resulted in the suspension, 14,551
the portion shall be deposited into the county indigent drivers 14,552
alcohol treatment fund under the control of that court; 14,553
(ii) If the fee is paid by a person who was charged in a 14,555
juvenile court with the violation that resulted in the 14,556
suspension, the portion shall be deposited into the county 14,557
juvenile indigent drivers alcohol treatment fund established in 14,558
the county served by the court; 14,559
(iii) If the fee is paid by a person who was charged in a 14,561
344
municipal court with the violation that resulted in the 14,562
suspension, the portion shall be deposited into the municipal 14,563
indigent drivers alcohol treatment fund under the control of that 14,564
court. 14,565
(b) If the suspension in question was imposed under 14,567
division (B) of section 4507.16 of the Revised Code, that portion 14,568
of the fee shall be deposited as follows: 14,569
(i) If the fee is paid by a person whose license or permit 14,571
was suspended by a county court, the portion shall be deposited 14,572
into the county indigent drivers alcohol treatment fund under the 14,573
control of that court; 14,574
(ii) If the fee is paid by a person whose license or 14,576
permit was suspended by a municipal court, the portion shall be 14,577
deposited into the municipal indigent drivers alcohol treatment 14,578
fund under the control of that court. 14,579
(3) Expenditures from a county indigent drivers alcohol 14,581
treatment fund, a county juvenile indigent drivers alcohol 14,582
treatment fund, or a municipal indigent drivers alcohol treatment 14,583
fund shall be made only upon the order of a county, juvenile, or 14,584
municipal court judge and only for payment of the cost of the 14,585
attendance at an alcohol and drug addiction treatment program of 14,586
a person who is convicted of, or found to be a juvenile traffic 14,587
offender by reason of, a violation of division (A) of section 14,588
4511.19 of the Revised Code or a substantially similar municipal 14,589
ordinance, who is ordered by the court to attend the alcohol and 14,590
drug addiction treatment program, and who is determined by the 14,591
court to be unable to pay the cost of attendance at the treatment 14,593
program or for payment of the costs specified in division (N)(4) 14,594
of this section in accordance with that division. The alcohol 14,595
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 14,597
section 340.02 or 340.021 of the Revised Code and serving the 14,599
alcohol, drug addiction, and mental health service district in 14,600
which the court is located shall administer the indigent drivers 14,601
345
alcohol treatment program of the court. When a court orders an 14,602
offender or juvenile traffic offender to attend an alcohol and 14,603
drug addiction treatment program, the board shall determine which 14,604
program is suitable to meet the needs of the offender or juvenile 14,605
traffic offender, and when a suitable program is located and 14,606
space is available at the program, the offender or juvenile 14,607
traffic offender shall attend the program designated by the 14,608
board. A reasonable amount not to exceed five per cent of the 14,609
amounts credited to and deposited into the county indigent 14,610
drivers alcohol treatment fund, the county juvenile indigent 14,611
drivers alcohol treatment fund, or the municipal indigent drivers 14,612
alcohol treatment fund serving every court whose program is 14,613
administered by that board shall be paid to the board to cover 14,614
the costs it incurs in administering those indigent drivers 14,615
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 14,617
in consultation with the alcohol and drug addiction services 14,618
board or the board of alcohol, drug addiction, and mental health 14,619
services established pursuant to section 340.02 or 340.021 of the 14,620
Revised Code and serving the alcohol, drug addiction, and mental 14,622
health district in which the court is located, that the funds in 14,623
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 14,624
municipal indigent drivers alcohol treatment fund under the 14,625
control of the court are more than sufficient to satisfy the 14,626
purpose for which the fund was established, as specified in 14,627
divisions (N)(1) to (3) of this section, the court may declare a 14,628
surplus in the fund. If the court declares a surplus in the 14,629
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 14,630
who are charged in the court with committing a criminal offense 14,631
or with being a delinquent child or juvenile traffic offender and 14,632
in relation to whom both of the following apply: 14,633
(a) The court determines that substance abuse was a 14,635
346
contributing factor leading to the criminal or delinquent 14,636
activity or the juvenile traffic offense with which the person is 14,637
charged.
(b) The court determines that the person is unable to pay 14,640
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 14,641
Sec. 4511.83. (A) As used in this section: 14,650
(1) "Ignition interlock device" means a device that 14,652
connects a breath analyzer to a motor vehicle's ignition system, 14,653
that is constantly available to monitor the concentration by 14,654
weight of alcohol in the breath of any person attempting to start 14,655
that motor vehicle by using its ignition system, and that deters 14,656
starting the motor vehicle by use of its ignition system unless 14,657
the person attempting to so start the vehicle provides an 14,658
appropriate breath sample for the device and the device 14,659
determines that the concentration by weight of alcohol in the 14,660
person's breath is below a preset level. 14,661
(2) "Offender with restricted driving privileges" means an 14,663
offender who is subject to an order that was issued under 14,664
division (F) of section 4507.16 of the Revised Code as a 14,665
condition of the granting of occupational driving privileges or 14,666
an offender whose driving privilege is restricted as a condition 14,667
of probation pursuant to division (G) of section 2951.02 of the 14,669
Revised Code. 14,670
(B)(1) Except in cases of a substantial emergency when no 14,672
other person is reasonably available to drive in response to the 14,673
emergency, no person shall knowingly rent, lease, or lend a motor 14,674
vehicle to any offender with restricted driving privileges, 14,675
unless the vehicle is equipped with a functioning ignition 14,676
interlock device that is certified pursuant to division (D) of 14,677
this section. 14,678
(2) Any offender with restricted driving privileges who 14,680
rents, leases, or borrows a motor vehicle from another person 14,681
shall notify the person who rents, leases, or lends the motor 14,682
347
vehicle to the offender that the offender has restricted driving 14,684
privileges and of the nature of the restriction. 14,685
(3) Any offender with restricted driving privileges who is 14,687
required to operate a motor vehicle owned by the offender's 14,688
employer in the course and scope of the offender's employment may 14,690
operate that vehicle without the installation of an ignition 14,692
interlock device, provided that the employer has been notified 14,693
that the offender has restricted driving privileges and of the 14,694
nature of the restriction and provided further that the offender 14,695
has proof of the employer's notification in the offender's 14,696
possession while operating the employer's vehicle for normal 14,698
business duties. A motor vehicle owned by a business that is 14,699
partly or entirely owned or controlled by an offender with 14,700
restricted driving privileges is not a motor vehicle owned by an 14,701
employer, for purposes of this division. 14,702
(C) If a court, pursuant to division (F) of section 14,704
4507.16 of the Revised Code, imposes the use of an ignition 14,705
interlock device as a condition of the granting of occupational 14,706
driving privileges, the court shall require the offender to 14,707
provide proof of compliance to the court at least once quarterly 14,708
or more frequently as ordered by the court in its discretion. If 14,709
a court imposes the use of an ignition interlock device as a 14,710
condition of probation under division (I) of section 2951.02 of 14,711
the Revised Code, the court shall require the offender to provide 14,712
proof of compliance to the court or probation officer prior to 14,713
issuing any driving privilege or continuing the probation status. 14,714
In either case in which a court imposes the use of such a device, 14,715
the offender, at least once quarterly or more frequently as 14,716
ordered by the court in its discretion, shall have the device 14,717
inspected as ordered by the court for accurate operation and 14,718
shall provide the results of the inspection to the court or, if 14,719
applicable, to the offender's probation officer. 14,720
(D)(1) The director of public safety, upon consultation 14,722
with the director of health and in accordance with Chapter 119. 14,723
348
of the Revised Code, shall certify ignition interlock devices and 14,724
shall publish and make available to the courts, without charge, a 14,725
list of approved devices together with information about the 14,726
manufacturers of the devices and where they may be obtained. The 14,727
cost of obtaining the certification of an ignition interlock 14,728
device shall be paid by the manufacturer of the device to the 14,729
director of public safety and shall be deposited in the drivers' 14,730
STATEWIDE treatment and intervention PREVENTION fund established 14,732
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 14,734
Chapter 119. of the Revised Code, shall adopt and publish rules 14,735
setting forth the requirements for obtaining the certification of 14,736
an ignition interlock device. No ignition interlock device shall 14,737
be certified by the director of public safety pursuant to 14,738
division (D)(1) of this section unless it meets the requirements 14,739
specified and published by the director in the rules adopted 14,740
pursuant to this division. The requirements shall include 14,741
provisions for setting a minimum and maximum calibration range 14,742
and shall include, but shall not be limited to, specifications 14,743
that the device complies with all of the following: 14,744
(a) It does not impede the safe operation of the vehicle. 14,746
(b) It has features that make circumvention difficult and 14,748
that do not interfere with the normal use of the vehicle. 14,749
(c) It correlates well with established measures of 14,751
alcohol impairment. 14,752
(d) It works accurately and reliably in an unsupervised 14,754
environment. 14,755
(e) It is resistant to tampering and shows evidence of 14,757
tampering if tampering is attempted. 14,758
(f) It is difficult to circumvent and requires 14,760
premeditation to do so. 14,761
(g) It minimizes inconvenience to a sober user. 14,763
(h) It requires a proper, deep-lung breath sample or other 14,765
accurate measure of the concentration by weight of alcohol in the 14,766
349
breath. 14,767
(i) It operates reliably over the range of automobile 14,769
environments. 14,770
(j) It is made by a manufacturer who is covered by product 14,772
liability insurance. 14,773
(3) The director of public safety may adopt, in whole or 14,775
in part, the guidelines, rules, regulations, studies, or 14,776
independent laboratory tests performed and relied upon by other 14,777
states, or their agencies or commissions, in the certification or 14,778
approval of ignition interlock devices. 14,779
(4) The director of public safety shall adopt rules in 14,781
accordance with Chapter 119. of the Revised Code for the design 14,782
of a warning label that shall be affixed to each ignition 14,783
interlock device upon installation. The label shall contain a 14,784
warning that any person tampering, circumventing, or otherwise 14,785
misusing the device is subject to a fine, imprisonment, or both 14,786
and may be subject to civil liability. 14,787
(E)(1) No offender with restricted driving privileges, 14,789
during any period that the offender is required to operate only a 14,791
motor vehicle equipped with an ignition interlock device, shall 14,792
request or permit any other person to breathe into the device or 14,793
start a motor vehicle equipped with the device, for the purpose 14,794
of providing the offender with an operable motor vehicle. 14,795
(2)(a) Except as provided in division (E)(2)(b) of this 14,797
section, no person shall breathe into an ignition interlock 14,798
device or start a motor vehicle equipped with an ignition 14,799
interlock device for the purpose of providing an operable motor 14,800
vehicle to an offender with restricted driving privileges. 14,801
(b) Division (E)(2)(a) of this section does not apply to 14,803
an offender with restricted driving privileges who breathes into 14,804
an ignition interlock device or starts a motor vehicle equipped 14,805
with an ignition interlock device for the purpose of providing 14,806
himself or herself THE OFFENDER with an operable motor vehicle. 14,807
(3) No unauthorized person shall tamper with or circumvent 14,809
350
the operation of an ignition interlock device. 14,810
Sec. 4703.36. (A) The state board of landscape architect 14,819
examiners shall register as a landscape architect each applicant 14,820
who demonstrates to the satisfaction of the board that the 14,821
applicant has met all requirements of section 4703.34 of the 14,822
Revised Code, or in lieu thereof, has complied with the 14,823
provisions of section 4703.341 or 4703.35 of the Revised Code. 14,824
The certificate issued to each individual shall be prima-facie 14,825
evidence of the right of the individual to whom it is issued to 14,826
represent himself or herself SELF as a landscape architect and to 14,828
enter the practice of landscape architecture, subject to sections 14,829
4703.30 to 4703.49 of the Revised Code. 14,830
(B) Each certificate of qualification issued and 14,832
registered shall authorize the holder to practice landscape 14,833
architecture as a landscape architect in this state from the date 14,834
of issuance until the last day of October next succeeding the 14,835
date upon which the certificate was issued OF EACH ODD-NUMBERED 14,836
CALENDAR YEAR, unless revoked or suspended for cause as provided 14,838
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 14,839
pursuant to section 2301.373 of the Revised Code. LICENSE 14,840
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 14,841
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 14,842
BOARD.
(C) Each person registered by the board shall secure a 14,844
seal of the design prescribed by the board. All plans, 14,845
specifications, drawings, and other documents prepared by, or 14,846
under the direct supervision of, the landscape architect shall be 14,847
imprinted with such seal, in accordance with the requirements of 14,848
the board. 14,849
(D) Each certificate of authorization issued under 14,851
division (F) of section 4703.331 of the Revised Code shall 14,852
authorize the holder to provide landscape architectural services, 14,853
through the landscape architect designated as being in 14,854
351
responsible charge of the landscape architectural activities and 14,855
decisions, from the date of issuance until the last day of June 14,856
next succeeding the date upon which the certificate was issued 14,857
unless the certificate has been suspended or revoked for cause as 14,858
provided in section 4703.42 of the Revised Code. 14,859
Sec. 4703.37. (A) The state board of landscape architect 14,868
examiners shall establish an application fee for taking or 14,869
retaking the examination described in division (C) of section 14,870
4703.34 of the Revised Code at an amount adequate to cover all 14,871
rentals, compensation for proctors, and other expenses of the 14,872
board related to the examination except the expenses of procuring 14,873
and grading the examination OBTAINING REGISTRATION UNDER SECTION 14,874
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 14,877
UNDER SECTION 4703.35 OF THE REVISED CODE. 14,878
(B) The board shall establish an examination fee for 14,879
taking the examination described in division (C) of section 14,880
4703.34 of the Revised Code at an amount adequate to cover the 14,881
expenses of procuring and grading the examination THE FEE TO 14,883
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 14,884
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 14,886
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 14,887
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 14,888
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 14,889
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 14,891
FOLLOWING fees for: 14,892
(1) THE FEE FOR TAKING OR retaking parts of the 14,895
examination described in division (C) of section 4703.34 of the 14,896
Revised Code at amounts AN AMOUNT adequate to cover the expenses 14,898
of procuring and grading such parts THE EXAMINATION PLUS A FEE 14,899
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 14,900
(D) The board shall establish the (2) THE fee to be paid 14,903
by an applicant for a certificate of qualification or duplicate 14,904
352
thereof, as issued to a landscape architect registered under 14,905
sections 4703.33 to 4703.38 of the Revised Code. 14,906
(E) The board shall establish the fee to be paid by an 14,908
applicant for registration under section 4703.35 of the Revised 14,909
Code. 14,910
(F) The board shall establish a (3) THE FEE FOR THE 14,913
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 14,914
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 14,917
examination to him THE EXAMINEE on behalf of another 14,919
jurisdiction.
(G) The board shall establish the (5) THE fee for a 14,922
certificate of authorization issued under division (F) of section 14,923
4703.331 of the Revised Code and, the fee for annual renewal of a 14,924
certificate of authorization. The board shall establish, AND the 14,926
fee for a duplicate certificate of authorization. 14,928
(H) The board shall establish the fee for the annual 14,930
renewal of the certificate of qualification and the fee for a 14,931
duplicate renewal card. 14,932
(I) The fee to restore an expired certificate of 14,934
qualification shall be the renewal fee for the current year, plus 14,935
the renewal fee for each year in which the certificate was not 14,936
renewed, plus a penalty of ten per cent for each delinquent year 14,937
or part thereof; provided, however, the maximum fee shall not 14,938
exceed the combined fees and penalties for the current year and 14,939
the four previous years. 14,940
Sec. 4713.10. The state board of cosmetology shall charge 14,949
and collect the following fees: 14,950
(A) For application to take the examination for a license 14,952
to practice cosmetology, or any branch thereof, twenty-one 14,953
dollars; 14,954
(B) For the re-examination of any applicant who has 14,956
previously failed to pass the examination, fourteen dollars; 14,957
(C) For the issuance or renewal of a cosmetology, 14,959
353
manicurist, or esthetics instructor's license, twenty-five THIRTY 14,961
dollars; 14,962
(D) For the issuance or renewal of a managing 14,964
cosmetologist's, managing manicurist's, or managing esthetician's 14,965
license, twenty THIRTY dollars; 14,966
(E) For the issuance or renewal of a cosmetology school 14,968
license, two hundred fifty dollars; 14,969
(F) For the inspection and issuance of a new beauty salon, 14,971
nail salon, or esthetics salon or the change of name or ownership 14,972
of a beauty salon, nail salon, or esthetics salon license, fifty 14,973
SIXTY dollars; 14,975
(G) For the renewal of a beauty salon, nail salon, or 14,977
esthetics salon license, forty FIFTY dollars; 14,978
(H) For the issuance or renewal of a cosmetologist's, 14,980
manicurist's, or esthetician's license, twenty THIRTY dollars; 14,981
(I) For the restoration of any lapsed license which may be 14,983
restored pursuant to section 4713.11 of the Revised Code, and in 14,984
addition to the payments required by that section, twenty THIRTY 14,985
dollars; 14,986
(J) For the issuance of a license under section 4713.09 of 14,988
the Revised Code, fifty SIXTY dollars; 14,989
(K) For the issuance of a duplicate of any license, ten 14,991
FIFTEEN dollars; 14,992
(L) For the preparation and mailing of a licensee's 14,994
records to another state for a reciprocity license, fifty 14,995
dollars; 14,996
(M) For the processing of any fees related to a check from 14,998
a licensee returned to the board for insufficient funds, an 14,999
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 15,001
furnish his THE APPLICANT'S own models. 15,002
Sec. 4713.17. The state board of cosmetology, pursuant to 15,011
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 15,013
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 15,014
354
impose one or more of the following sanctions: deny, revoke, or 15,015
suspend a license or permit issued by the board or impose a fine 15,016
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 15,017
(A)(1) Failure of a person operating a nail salon, beauty 15,019
salon, esthetics salon, tanning facility, or school of 15,020
cosmetology to comply with the requirements of sections 4713.01 15,021
to 4713.25 of the Revised Code; 15,022
(B)(2) Failure to comply with the sanitary rules adopted 15,024
by the board or by the department of health for the regulation of 15,025
nail salons, beauty salons, esthetics salons, schools of 15,026
cosmetology, or the practice of cosmetology; 15,027
(C)(3) Failure of a person operating a beauty salon or 15,029
nail salon where massage services are provided under section 15,030
4713.14 of the Revised Code to ensure that the person providing 15,031
the massage services complies with the sanitary rules adopted by 15,032
the board or by the department of health for the regulation of 15,033
salons; 15,034
(D)(4) Continued practice by a person knowingly having an 15,036
infectious or contagious disease; 15,037
(E)(5) Habitual drunkenness or addiction to any 15,039
habit-forming drug; 15,040
(F)(6) Willful false and fraudulent or deceptive 15,042
advertising;
(G)(7) Falsification of any record or application required 15,044
to be filed with the board; 15,045
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 15,047
ISSUED BY THE BOARD. 15,048
A person who is alleged to have violated a provision of 15,050
this chapter for which the board proposes to impose a fine may 15,051
pay the board the amount of the fine and waive his right to an 15,053
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 15,055
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 15,056
355
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 15,058
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 15,059
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 15,060
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 15,061
Sec. 4717.03. (A) Members of the board of embalmers and 15,071
funeral directors shall annually in July, or within thirty days 15,072
after the senate's confirmation of the new members appointed in 15,073
that year, meet and organize by selecting from among its members 15,074
a president, vice-president, and secretary-treasurer. The board 15,075
may hold other meetings as it determines necessary. A quorum of 15,076
the board consists of four members, of whom at least three shall 15,077
be members who are embalmers and funeral directors. The 15,078
concurrence of at least four members is necessary for the board 15,079
to take any action. The president and secretary-treasurer shall 15,080
sign all licenses issued under this chapter and affix the board's 15,081
seal to each license. 15,082
(B) The board may appoint an individual who is not a 15,085
member of the board to serve as executive director of the board. 15,086
The executive director serves at the pleasure of the board and 15,087
shall do all of the following:
(1) Serve as the board's chief administrative officer; 15,089
(2) Act as custodian of the board's records; 15,091
(3) Execute all of the board's orders. 15,093
In executing the board's orders, the executive director may 15,096
enter the premises, establishment, office, or place of business 15,097
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 15,098
execute any process issued by any court under this chapter. 15,099
(C) The board may employ clerical or technical staff who 15,102
are not members of the board and who serve at the pleasure of the 15,103
board to provide any clerical or technical assistance the board 15,104
considers necessary. The board may employ necessary inspectors, 15,105
who shall be licensed embalmers and funeral directors. Any 15,106
356
inspector employed by the board may enter the premises, 15,107
establishment, office, or place of business of any embalmer, 15,108
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 15,109
the license and registration of embalmers and funeral directors 15,110
operating in the facility; and the license of the funeral home, 15,112
embalming facility, or crematory. The inspector shall serve and 15,113
execute any process issued by any court under this chapter, serve 15,114
and execute any papers or process issued by the board or any 15,115
officer or member of the board, and perform any other duties 15,116
delegated by the board.
(D) The president of the board shall designate three of 15,119
its members to serve on the crematory review board, which is 15,120
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 15,121
the crematory review board designated by the president to serve 15,122
and three members designated by the cemetery dispute resolution 15,124
commission shall designate, by a majority vote, one person who is 15,125
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 15,126
crematory review board for such time as the crematory review 15,127
board finds appropriate. Members serving on the crematory review 15,128
board shall not receive any additional compensation for serving 15,129
on the board, but may be reimbursed for their actual and 15,130
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 15,131
shall designate one from among its members to serve as a 15,132
chairperson for such time as the board finds appropriate. Costs 15,133
associated with conducting an adjudicatory hearing in accordance 15,134
with division (E) of this section shall be paid from funds 15,135
available to the board of embalmers and funeral directors. 15,136
(E) Upon receiving written notice from the board of 15,139
embalmers and funeral directors of any of the following, the 15,140
crematory review board shall conduct an adjudicatory hearing on 15,141
357
the matter in accordance with Chapter 119. of the Revised Code, 15,142
except as otherwise provided in this section or division (C) of 15,144
section 4717.14 of the Revised Code: 15,145
(1) Notice provided under division (H) of this section of 15,147
an alleged violation of any provision of this chapter or any 15,148
rules adopted under this chapter, or section 1107.33 1111.19 of 15,150
the Revised Code, governing or in connection with crematory 15,154
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 15,157
of the Revised Code that the board of embalmers and funeral 15,158
directors proposes to refuse to grant or renew, or to suspend or 15,160
revoke, a license to operate a crematory facility; 15,161
(3) Notice provided under division (C) of section 4717.14 15,163
of the Revised Code that the board of embalmers and funeral 15,164
directors has issued an order summarily suspending a license to 15,165
operate a crematory facility; 15,166
(4) Notice provided under division (B) of section 4717.15 15,168
of the Revised Code that the board of embalmers and funeral 15,169
directors proposes to issue a notice of violation and order 15,170
requiring payment of a forfeiture for any violation described in 15,171
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 15,174
alleged in connection with a crematory facility or cremation. 15,175
Nothing in division (E) of this section precludes the 15,177
crematory review board from appointing an independent examiner in 15,178
accordance with section 119.09 of the Revised Code to conduct any 15,179
adjudication hearing required under division (E) of this section. 15,180
The crematory review board shall submit a written report of 15,183
findings and advisory recommendations, and a written transcript 15,184
of its proceedings, to the board of embalmers and funeral 15,185
directors. The board of embalmers and funeral directors shall 15,186
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 15,188
adjudication or the party's attorney, by certified mail, within 15,189
five days after receiving the report and advisory
358
recommendations. A party may file objections to the written 15,190
report with the board of embalmers and funeral directors within 15,191
ten days after receiving the report. No written report is final 15,193
or appealable until it is issued as a final order by the board of 15,194
embalmers and funeral directors and entered on the record of the 15,195
proceedings. The board of embalmers and funeral directors shall 15,196
consider objections filed by the party prior to issuing a final 15,197
order. After reviewing the findings and advisory recommendations 15,198
of the crematory review board, the written transcript of the 15,199
crematory review board's proceedings, and any objections filed by 15,200
a party, the board of embalmers and funeral directors shall issue 15,201
a final order in the matter. Any party may appeal the final 15,202
order issued by the board of embalmers and funeral directors in a 15,203
matter described in divisions (E)(1) to (4) of this section in 15,205
accordance with section 119.12 of the Revised Code, except that 15,206
the appeal may be made to the court of common pleas in the county 15,207
in which is located the crematory facility to which the final 15,208
order pertains, or in the county in which the party resides. 15,209
(F) On its own initiative or on receiving a written 15,212
complaint from any person whose identity is made known to the 15,213
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 15,215
claiming to hold a license or registration under this chapter 15,216
that, if proven to have occurred, would violate this chapter or 15,217
any rules adopted under it, or section 1107.33 1111.19 of the 15,218
Revised Code. The board may compel witnesses by subpoena to 15,220
appear and testify in relation to investigations conducted under 15,221
this chapter and may require by subpoena duces tecum the 15,222
production of any book, paper, or document pertaining to an 15,223
investigation. If a person does not comply with a subpoena or 15,224
subpoena duces tecum, the board may apply to the court of common 15,225
pleas of any county in this state for an order compelling the 15,226
person to comply with the subpoena or subpoena duces tecum, or 15,227
for failure to do so, to be held in contempt of court. 15,228
359
(G) If, as a result of its investigation conducted under 15,230
division (F) of this section, the board of embalmers and funeral 15,231
directors has reasonable cause to believe that the person 15,232
investigated is violating any provision of this chapter or any 15,233
rules adopted under this chapter, or section 1107.33 1111.19 of 15,235
the Revised Code, governing or in connection with embalming, 15,237
funeral directing, funeral homes, embalming facilities, or the 15,238
operation of funeral homes or embalming facilities, it may, after 15,239
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 15,241
constitute the violation. The board shall conduct the 15,242
adjudicatory hearing in accordance with Chapter 119. of the 15,243
Revised Code except that, notwithstanding the provisions of that 15,244
chapter, the following shall apply: 15,245
(1) The board shall send the notice informing the person 15,248
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 15,250
requests a hearing and if the board receives the request within 15,251
thirty days after the mailing of the notice described in division 15,253
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 15,255
prescribed in section 119.09 of the Revised Code, at every 15,257
adjudicatory hearing held under this section, regardless of 15,258
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 15,261
division (F) of this section, the board of embalmers and funeral 15,262
directors has reasonable cause to believe that the person 15,263
investigated is violating any provision of this chapter or any 15,264
rules adopted under this chapter, or section 1107.33 1111.19 of 15,265
the Revised Code, governing or in connection with crematory 15,267
facilities or cremation, the board shall send written notice of 15,268
the alleged violation to the crematory review board. If, after 15,269
the conclusion of the adjudicatory hearing in the matter 15,270
conducted under division (E) of this section, the board of 15,272
360
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 15,273
under this chapter, or section 1107.33 1111.19 of the Revised 15,275
Code, governing or in connection with crematory facilities or 15,276
cremation, the board may issue a final order under that division 15,277
directing the person to cease the acts or practices that 15,278
constitute the violation. 15,279
(I) The board of embalmers and funeral directors may bring 15,281
a civil action to enjoin any violation or threatened violation of 15,282
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 15,283
Revised Code or a rule adopted under any of those sections; 15,285
division (A) or (B) of section 4717.23; division (B)(1) or (2), 15,287
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 15,288
(K) of section 4717.26; division (D)(1) of section 4717.27; or 15,289
divisions (A) to (C) of section 4717.28 of the Revised Code. The 15,291
action shall be brought in the county where the violation 15,292
occurred or the threatened violation is expected to occur. At 15,293
the request of the board, the attorney general shall represent 15,294
the board in any matter arising under this chapter. 15,295
(J) The board of embalmers and funeral directors and the 15,297
crematory review board may issue subpoenas for funeral directors 15,299
and embalmers or persons holding themselves out as such, for 15,300
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 15,301
opinion of either board, is necessary. The subpoena shall 15,302
require the person to appear before the appropriate board or any 15,303
designated member of either board, upon any hearing conducted 15,304
under this chapter. The penalty for disobedience to the command 15,305
of such a subpoena is the same as for refusal to answer such a 15,306
process issued under authority of the court of common pleas. 15,307
(K) All moneys received by the board of embalmers and 15,309
funeral directors from any source shall be deposited in the state 15,310
treasury to the credit of the occupational licensing and 15,311
regulatory fund created in section 4743.05 of the Revised Code. 15,312
361
(L) The board of embalmers and funeral directors shall 15,314
submit a written report to the governor on or before the first 15,315
Monday of July of each year. This report shall contain a 15,316
detailed statement of the nature and amount of the board's 15,317
receipts and the amount and manner of its expenditures. 15,318
Sec. 4717.05. (A) Any person who desires to be licensed 15,328
as an embalmer shall apply to the board of embalmers and funeral 15,329
directors on a form provided by the board. The applicant shall 15,330
include with the application an initial license fee as set forth 15,331
in section 4717.07 of the Revised Code and evidence, verified by 15,332
oath and satisfactory to the board, that the applicant meets all 15,333
of the following requirements:
(1) The applicant is at least eighteen years of age and of 15,335
good moral character. 15,336
(2) If the applicant has pleaded guilty to, has been found 15,338
by a judge or jury to be guilty of, or has had a judicial finding 15,339
of eligibility for treatment in lieu of conviction entered 15,340
against the applicant in this state for aggravated murder, 15,341
murder, voluntary manslaughter, felonious assault, kidnapping, 15,342
rape, sexual battery, gross sexual imposition, aggravated arson, 15,343
aggravated robbery, or aggravated burglary, or has pleaded guilty 15,344
to, has been found by a judge or jury to be guilty of, or has had 15,346
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 15,347
for a substantially equivalent offense, at least five years has 15,348
elapsed since the applicant was released from incarceration, 15,349
probation, parole, or treatment in connection with the offense. 15,350
(3) The applicant holds at least a bachelor's degree or 15,352
its equivalent from a college or university authorized to confer 15,353
degrees by the Ohio board of regents or the comparable legal 15,355
agency of another state in which the college or university is 15,356
located and submits an official transcript from that college or
university with the application. 15,357
(4) The applicant has satisfactorily completed at least 15,360
362
twelve months of instruction in a prescribed course in mortuary 15,361
science as approved by the board, and has presented to the board 15,362
a certificate showing successful completion of the course. The 15,363
course of mortuary science college training may be completed
either before or after the completion of the educational standard 15,364
set forth in division (A)(3) of this section. 15,365
(5) The applicant has registered with the board prior to 15,367
beginning an embalmer apprenticeship. 15,368
(6) The applicant has satisfactorily completed at least 15,370
one year of apprenticeship under an embalmer licensed in this 15,371
state and has assisted that person in embalming at least 15,372
twenty-five dead human bodies. 15,373
(7) The applicant, upon meeting the educational standards 15,376
provided for in divisions (A)(3) and (4) of this section and 15,377
completing the apprenticeship required in division (A)(6) of this 15,378
section, has completed the examination for an embalmer's license 15,379
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 15,382
that the applicant meets all the requirements of division (A) of 15,383
this section, the board shall issue the applicant an embalmer's 15,384
license.
(C) Any person who desires to be licensed as a funeral 15,387
director shall apply to the board on a form provided by the 15,388
board. The application shall include an initial license fee as 15,389
set forth in section 4717.07 of the Revised Code and evidence, 15,390
verified by oath and satisfactory to the board, that the 15,391
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 15,394
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 15,395
(A)(1) to (4) of this section. 15,396
(2) The applicant has registered with the board prior to 15,398
beginning a funeral director apprenticeship. 15,399
(3) The applicant, following mortuary science college 15,401
363
training described in division (A)(4) of this section, has served 15,402
a one-year apprenticeship under a licensed funeral director in 15,403
this state and has assisted that person in directing at least 15,404
twenty-five funerals. 15,405
(4) The applicant has satisfactorily completed the 15,407
examination for a funeral director's license as required by the 15,408
board.
(D) In lieu of mortuary science college training required 15,411
for a funeral director's license under division (C)(1) of this 15,412
section, the applicant may substitute a two-year apprenticeship 15,413
under a licensed funeral director in this state assisting that 15,414
person in directing at least fifty funerals. 15,415
(E) Upon receiving satisfactory evidence that the 15,418
applicant meets all the requirements of division (C) of this 15,419
section, the board shall issue TO the applicant a funeral
director's license. 15,420
Sec. 4717.07. (A) The board of embalmers and funeral 15,430
directors shall charge and collect the following fees:
(1) For the issuance of an initial embalmer's or funeral 15,432
director's license, five dollars; 15,433
(2) For the issuance of an embalmer or funeral director 15,435
registration, twenty-five dollars; 15,436
(3) For filing an embalmer or funeral director certificate 15,438
of apprenticeship, ten dollars; 15,439
(4) For the application to take the examination for a 15,441
license to practice as an embalmer or funeral director, or to 15,442
retake a section of the examination, thirty-five dollars; 15,443
(5) For the renewal of an embalmer's or funeral director's 15,446
license, thirty FIFTY dollars;
(6) For the issuance and renewal of a license to operate a 15,449
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 15,451
funeral director's license, the renewal fee prescribed in 15,452
division (A)(5) of this section plus fifty dollars for each month 15,453
364
or portion of a month the license is lapsed until reinstatement; 15,454
(8) For the reinstatement of a lapsed license to operate a 15,457
funeral home, the renewal fee prescribed in division (A)(6) of 15,458
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 15,459
(9) For the issuance and renewal of a license to operate 15,462
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 15,465
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 15,466
portion of a month the license is lapsed until reinstatement; 15,467
(11) For the issuance and renewal of a license to operate 15,470
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 15,473
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 15,474
portion of a month the license is lapsed until reinstatement; 15,475
(13) For the issuance of a duplicate of a license issued 15,477
under this chapter, four dollars. 15,478
(B) In addition to the fees set forth in division (A) of 15,481
this section, an applicant shall pay the examination fee assessed 15,482
by any examining agency the board uses for any section of an 15,483
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 15,486
board of embalmers and funeral directors may establish fees in 15,487
excess of the amounts set forth in this section, provided that 15,488
these fees do not exceed the amounts set forth in this section by 15,489
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 15,499
following:
(1) Engage in the business or profession of funeral 15,501
directing unless the person is licensed as a funeral director 15,502
under this chapter, is certified as an apprentice funeral 15,503
director in accordance with rules adopted under section 4717.04 15,504
365
of the Revised Code and is assisting a funeral director licensed 15,506
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 15,507
supervision of a funeral director licensed by the board; 15,508
(2) Engage in embalming unless the person is licensed as 15,510
an embalmer under this chapter, is certified as an apprentice 15,511
embalmer in accordance with rules adopted under section 4717.04 15,512
of the Revised Code and is assisting an embalmer licensed under 15,513
this chapter, or is a student in a college of mortuary science 15,515
approved by the board and is under the direct supervision of an 15,516
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 15,519
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 15,520
chapter and is employed by or under contract to a licensed 15,521
funeral home and performs funeral directing services for that 15,522
funeral home in a manner consistent with the advertisement, 15,523
offering, or conveyance; 15,524
(4) Advertise or otherwise offer to provide or convey the 15,527
impression that the person provides embalming services unless the 15,528
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 15,529
licensed embalming facility and performs embalming services for 15,530
the funeral home or embalming facility in a manner consistent 15,531
with the advertisement, offering, or conveyance; 15,532
(5) Operate a funeral home without a license to operate 15,534
the funeral home issued by the board under this chapter; 15,535
(6) Practice the business or profession of funeral 15,537
directing from any place except from a funeral home that a person 15,538
is licensed to operate under this chapter; 15,539
(7) Practice embalming from any place except from a 15,541
funeral home or embalming facility that a person is licensed to 15,542
operate under this chapter; 15,543
(8) Operate a crematory or perform cremation without a 15,546
366
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 15,548
human bodies or body parts are cremated or cremate dead human 15,549
bodies or human body parts in a cremation chamber in which 15,550
animals are cremated.
(B) No funeral director or other person in charge of the 15,553
final disposition of a dead human body shall fail to do one of 15,555
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 15,557
encased in a durable and long-lasting material that contains the 15,558
name, date of birth, date of death, and social security number of 15,560
the deceased;
(2) Place in the casket a capsule containing a tag bearing 15,562
the information described in division (B)(1) of this section; 15,564
(3) If the body was cremated, place in the vessel 15,566
containing the cremated remains a tag bearing the information 15,567
described in division (B)(1) of this section. 15,569
(C) No person who holds a funeral home license for a 15,572
funeral home that is closed, or that is owned by a funeral 15,573
business in which changes in the ownership of the funeral 15,574
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 15,575
combination with others did not own a majority of the funeral 15,576
business immediately prior to the change in ownership, shall fail 15,577
to submit to the board within thirty days after the closing or 15,578
such a change in ownership of the funeral business owning the 15,579
funeral home, a clearly enumerated account of all of the 15,582
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 15,583
with the funeral home, was to receive payment for providing 15,584
funeral services, funeral goods, or any combination of those in 15,585
connection with the funeral or final disposition of a dead human 15,586
body: 15,587
(1) Preneed funeral contracts governed by section 1107.33 15,589
367
1111.19 of the Revised Code; 15,592
(2) Life insurance policies the benefits of which are 15,594
payable to the provider of funeral or burial goods or services; 15,595
(3) Accounts at banks or savings banks insured by the 15,597
federal deposit insurance corporation, savings and loan 15,598
associations insured by the federal savings and loan insurance 15,599
corporation or the Ohio deposit guarantee fund, or credit unions 15,601
insured by the national credit union administration or a credit 15,602
union share guaranty corporation organized under Chapter 1761. of 15,603
the Revised Code that are payable upon the death of the person 15,605
for whose benefit deposits into the accounts were made. 15,606
Sec. 4723.06. (A) The board of nursing shall: 15,615
(1) Administer and enforce the provisions of this chapter, 15,617
including the taking of disciplinary action for violations of 15,618
section 4723.28 of the Revised Code, any other provisions of this 15,619
chapter, or rules promulgated under Chapter 119. of the Revised 15,620
Code; 15,621
(2) Examine applicants for licensure to practice as a 15,623
registered nurse or as a licensed practical nurse; 15,624
(3) Issue and renew licenses as provided in this chapter; 15,626
(4) Define the minimum curricula and standards for 15,628
educational programs of the schools of professional nursing and 15,629
schools of practical nursing in this state; 15,630
(5) Survey, inspect, and grant full approval to 15,632
prelicensure nursing education programs that meet the standards 15,634
established by rules adopted under section 4723.07 of the Revised 15,635
Code. Prelicensure nursing education programs include, but are 15,636
not limited to, associate degree, baccalaureate degree, diploma, 15,637
and doctor of nursing programs leading to initial licensure to 15,638
practice nursing as a registered nurse and practical nurse 15,639
programs leading to initial licensure to practice nursing as a 15,640
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 15,642
the board, to a new prelicensure nursing education program or a 15,643
368
program that is being reestablished after having ceased to 15,645
operate, if the program meets and maintains the minimum standards 15,647
of the board established by rules adopted under section 4723.07 15,648
of the Revised Code. If the board does not grant conditional 15,649
approval, it shall hold a hearing under Chapter 119. of the 15,650
Revised Code to consider conditional approval of the program. If 15,651
the board grants conditional approval, at its first meeting after 15,652
the first class has completed the program, the board shall 15,653
determine whether to grant full approval to the program. If the 15,654
board does not grant full approval or if it appears that the 15,657
program has failed to meet and maintain standards established by 15,658
rules adopted under section 4723.07 of the Revised Code, the 15,659
board shall hold a hearing under Chapter 119. of the Revised Code 15,660
to consider the program. Based on results of the hearing, the 15,661
board may continue or withdraw conditional approval, or grant 15,662
full approval.
(7) Place on provisional approval, for a period of time 15,664
specified by the board, a program that has ceased to meet and 15,666
maintain the minimum standards of the board established by rules 15,667
adopted under section 4723.07 of the Revised Code. At the end of 15,668
the period, the board shall reconsider whether the program meets 15,669
the standards and shall grant full approval if it does. If it 15,671
does not, the board may withdraw approval, pursuant to a hearing 15,672
under Chapter 119. of the Revised Code. 15,673
(8) Approve continuing nursing education programs and 15,675
courses under standards established in rules adopted under 15,676
section 4723.07 of the Revised Code; 15,677
(9) Approve peer support programs for nurses under rules 15,679
adopted under section 4723.07 of the Revised Code; 15,680
(10) Establish the alternative program for chemically 15,682
dependent nurses in accordance with section 4723.35 of the 15,683
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 15,685
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 15,686
369
(12) Issue and renew certificates of authority to practice 15,688
nursing as a certified registered nurse anesthetist, clinical 15,690
nurse specialist, certified nurse-midwife, or certified nurse 15,691
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 15,694
national certifying organizations for examination and 15,695
certification of certified registered nurse anesthetists, 15,696
clinical nurse specialists, certified nurse-midwives, or 15,697
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 15,699
shall be open for public inspection; 15,701
(14)(15) Maintain and have open for public inspection the 15,703
following records: 15,704
(a) A record of all its meetings and proceedings; 15,706
(b) A file of applicants for and holders of licenses, 15,708
registrations, and certificates granted under this chapter. The 15,709
file shall be maintained in the form prescribed by rule of the 15,710
board. 15,711
(c) A list of prelicensure nursing education programs 15,713
approved by the board; 15,714
(d) A list of approved peer support programs for nurses. 15,716
(B) The board may fulfill the requirement of division 15,718
(A)(8) of this section by authorizing persons who meet the 15,719
standards established in rules adopted under division (F) of 15,720
section 4723.07 of the Revised Code to approve continuing nursing 15,721
education programs and courses. Persons so authorized shall 15,722
approve continuing nursing education programs and courses in 15,723
accordance with standards established in rules adopted under 15,724
division (E) of section 4723.07 of the Revised Code. 15,725
Persons seeking authorization to approve continuing nursing 15,727
education programs and courses shall apply to the board and pay 15,728
the appropriate fee established under section 4723.08 of the 15,729
Revised Code. Authorizations to approve continuing nursing 15,730
education programs and courses shall expire at the end of the 15,731
370
two-year period beginning the date of issuance and may be renewed 15,732
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 15,741
not to exceed the following limits: 15,742
(1) For application for licensure by examination to 15,744
practice nursing as a registered nurse or as a licensed practical 15,745
nurse, fifty dollars; 15,746
(2) For application for licensure by endorsement to 15,748
practice nursing as a registered nurse or as a licensed practical 15,749
nurse, fifty dollars; 15,750
(3) For application for a certificate of authority to 15,752
practice nursing as a certified registered nurse anesthetist, 15,753
clinical nurse specialist, certified nurse-midwife, or certified 15,755
nurse practitioner, one hundred dollars; 15,756
(4) For verification of a license or certificate to 15,758
another jurisdiction, fifteen dollars; 15,760
(5) For providing a replacement copy of a license or 15,762
certificate, fifteen dollars; 15,763
(6) For biennial renewal of any license, thirty-five 15,765
dollars;
(7) For biennial renewal of a certificate of authority to 15,767
practice nursing as a certified registered nurse anesthetist, 15,768
clinical nurse specialist, certified nurse-midwife, or certified 15,770
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 15,772
license or certificate, fifty dollars; 15,773
(9) For application for authorization to approve 15,775
continuing nursing education programs and courses from an 15,776
applicant accredited by a national accreditation system for 15,777
nursing, five hundred dollars; 15,778
(10) For application for authorization to approve 15,780
continuing nursing education programs and courses from an 15,781
applicant not accredited by a national accreditation system for 15,782
nursing, one thousand dollars; 15,783
371
(11) For biennial renewal of EACH YEAR FOR WHICH 15,786
authorization to approve continuing nursing education programs 15,788
and courses IS RENEWED, three ONE hundred FIFTY dollars; 15,789
(12) For written verification of a license or certificate, 15,792
other than verification to another jurisdiction, five dollars. 15,793
The board may contract for services pertaining to this 15,794
verification process and the collection of the fee, and may 15,795
permit the contractor to retain a portion of the fees as 15,796
compensation, before any amounts are deposited into the state 15,797
treasury. 15,798
(B) Each quarter, the board of nursing shall certify to 15,800
the director of budget and management the number of biennial 15,801
licenses renewed under this chapter during the preceding quarter 15,802
and the amount equal to that number times five dollars. 15,803
Sec. 4723.28. As used in this section, "dangerous drug" 15,812
and "prescription" have the same meanings as in section 4729.01 15,814
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 15,816
conducted under Chapter 119. of the Revised Code and by a vote of 15,817
a quorum, may revoke or may refuse to grant a license or 15,818
certificate to a person found by the board to have committed 15,820
fraud in passing the examination or to have committed fraud, 15,821
misrepresentation, or deception in applying for or securing any 15,822
license or certificate issued by the board. 15,824
(B) The board of nursing, pursuant to an adjudication 15,826
conducted under Chapter 119. of the Revised Code and by a vote of 15,827
a quorum, may impose one or more of the following sanctions: 15,828
deny, revoke permanently, suspend, or place restrictions on any 15,829
license or certificate issued by the board; reprimand or 15,831
otherwise discipline a holder of a license or certificate; or 15,832
impose a fine of not more than five hundred dollars per 15,834
violation. The sanctions may be imposed for any of the
following: 15,835
(1) Denial, revocation, suspension, or restriction of a 15,837
372
license to practice nursing, for any reason other than a failure 15,838
to renew, in another state or jurisdiction; or denial, 15,839
revocation, suspension, or restriction of a license to practice a 15,840
health care occupation other than nursing, for any reason other 15,841
than a failure to renew, in Ohio or another state or 15,842
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 15,844
renew a license issued under this chapter, or while a license is 15,845
under suspension; 15,846
(3) Conviction of, a plea of guilty to, or a judicial 15,848
finding of guilt of a misdemeanor committed in the course of 15,849
practice; 15,850
(4) Conviction of, a plea of guilty to, or a judicial 15,852
finding of guilt of any felony or of any crime involving gross 15,853
immorality or moral turpitude; 15,854
(5) Selling, giving away, or administering drugs for other 15,856
than legal and legitimate therapeutic purposes; or conviction of, 15,857
a plea of guilty to, or a judicial finding of guilt of violating 15,858
any municipal, state, county, or federal drug law; 15,859
(6) Conviction of, a plea of guilty to, or a judicial 15,861
finding of guilt of an act in another jurisdiction that would 15,862
constitute a felony or a crime of moral turpitude in Ohio; 15,863
(7) Conviction of, a plea of guilty to, or a judicial 15,865
finding of guilt of an act in the course of practice in another 15,866
jurisdiction that would constitute a misdemeanor in Ohio; 15,867
(8) Self-administering or otherwise taking into the body 15,869
any dangerous drug in any way not in accordance with a legal, 15,870
valid prescription; 15,871
(9) Habitual indulgence in the use of controlled 15,873
substances, other habit-forming drugs, or alcohol or other 15,874
chemical substances to an extent that impairs ability to 15,875
practice; 15,876
(10) Impairment of the ability to practice according to 15,878
acceptable and prevailing standards of safe nursing care because 15,879
373
of habitual or excessive use of drugs, alcohol, or other chemical 15,882
substances that impair the ability to practice; 15,883
(11) Impairment of the ability to practice according to 15,885
acceptable and prevailing standards of safe nursing care because 15,886
of a physical or mental disability; 15,887
(12) Assaulting or causing harm to a patient or depriving 15,889
a patient of the means to summon assistance; 15,890
(13) Obtaining or attempting to obtain money or anything 15,892
of value by intentional misrepresentation or material deception 15,893
in the course of practice; 15,894
(14) Adjudication by a probate court that the license 15,896
applicant or license holder is mentally ill or mentally 15,897
incompetent. The board may restore the license upon adjudication 15,898
by a probate court of the person's restoration to competency or 15,899
upon submission to the board of other proof of competency. 15,900
(15) The suspension or termination of employment by the 15,902
department of defense or the veterans administration of the 15,903
United States for any act that violates or would violate this 15,904
chapter; 15,905
(16) Violation of this chapter or any rules adopted under 15,907
it; 15,908
(17) Violation of any restrictions placed on a license by 15,910
the board; 15,911
(18) Failure to use universal blood and body fluid 15,913
precautions established by rules adopted under section 4723.07 of 15,914
the Revised Code; 15,915
(19) Failure to practice in accordance with acceptable and 15,918
prevailing standards of safe nursing care; 15,919
(20) In the case of a registered nurse, engaging in 15,921
activities that exceed the practice of nursing as a registered 15,922
nurse under section 4723.02 of the Revised Code; 15,923
(21) In the case of a licensed practical nurse, engaging 15,925
in activities that exceed the practice of nursing as a licensed 15,926
practical nurse under section 4723.02 of the Revised Code; 15,927
374
(22) Aiding and abetting in the unlicensed practice of 15,929
nursing; 15,930
(23) In the case of a certified registered nurse 15,932
anesthetist, clinical nurse specialist, certified nurse-midwife, 15,934
or certified nurse practitioner, or a registered nurse approved 15,935
as an advanced practice nurse under section 4723.55 of the 15,936
Revised Code, either of the following: 15,937
(a) Waiving the payment of all or any part of a deductible 15,939
or copayment that a patient, pursuant to a health insurance or 15,940
health care policy, contract, or plan that covers such nursing 15,941
services, would otherwise be required to pay if the waiver is 15,942
used as an enticement to a patient or group of patients to 15,943
receive health care services from that provider; 15,944
(b) Advertising that the nurse will waive the payment of 15,946
all or any part of a deductible or copayment that a patient, 15,947
pursuant to a health insurance or health care policy, contract, 15,948
or plan that covers such nursing services, would otherwise be 15,949
required to pay. 15,950
(24) Failure to comply with the terms and conditions of 15,952
participation in the alternative program for chemically dependent 15,954
nurses created by section 4723.35 of the Revised Code; 15,955
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 15,957
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 15,958
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 15,959
(26) In the case of a certified registered nurse 15,961
anesthetist, clinical nurse specialist, certified nurse-midwife, 15,963
or certified nurse practitioner: 15,964
(a) Engaging in activities that exceed those permitted for 15,967
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 15,968
(b) Failure to meet the quality assurance standards 15,970
established under section 4723.07 of the Revised Code. 15,972
(26)(27) In the case of a clinical nurse specialist, 15,974
certified nurse-midwife, or certified nurse practitioner, failure 15,976
375
to maintain a standard care arrangement in accordance with 15,977
section 4723.431 of the Revised Code or to practice in accordance 15,978
with the standard care arrangement. 15,979
(C) If a criminal action is brought against a license 15,981
holder for an act or crime described in divisions (B)(3) to (7) 15,982
of this section and the action is dismissed by the trial court 15,983
other than on the merits, the board shall hold an adjudication 15,985
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 15,986
basis of the hearing that the license holder committed the act, 15,987
or if the license holder fails to participate in the hearing, the 15,988
board may take action as though the license holder had been 15,989
convicted of the act. 15,990
If the board takes action on the basis of a conviction, 15,992
plea of guilty, or a judicial determination of guilt as described 15,993
in divisions (B)(3) to (7) of this section that is overturned on 15,994
appeal, the license holder may, on exhaustion of the appeal 15,995
process, petition the board for reconsideration of its action. 15,996
On receipt of the petition and supporting court documents, the 15,997
board shall temporarily rescind its action. If the board 15,998
determines that the decision on appeal was a decision on the 15,999
merits, it shall permanently rescind its action. If the board 16,000
determines that the decision on appeal was not a decision on the 16,001
merits, it shall hold an adjudicatory hearing to determine 16,002
whether the license holder committed the act on which the 16,003
original conviction, plea, or judicial determination was based. 16,004
If the board determines on the basis of the hearing that the 16,005
license holder committed such act, or if the license holder does 16,006
not request a hearing, the board shall reinstate its action; 16,007
otherwise, the board shall permanently rescind its action. 16,008
Notwithstanding the provision of division (C)(2) of section 16,010
2953.32 of the Revised Code specifying that if records pertaining 16,011
to a criminal case are sealed under that section the proceedings 16,012
in the case shall be deemed not to have occurred, sealing of the 16,013
376
records of a conviction on which the board has based an action 16,014
under this section shall have no effect on the board's action or 16,015
any sanction imposed by the board under this section. 16,016
(D) In enforcing division (B) of this section, the board 16,018
may compel any individual licensed by this chapter or who has 16,019
applied for licensure to submit to a mental or physical 16,020
examination, or both, as required by the board and at the expense 16,021
of the individual. Failure of any individual to submit to a 16,022
mental or physical examination when directed constitutes an 16,023
admission of the allegations, unless the failure is due to 16,024
circumstances beyond the individual's control, and a default and 16,025
final order may be entered without the taking of testimony or 16,026
presentation of evidence. If the board finds that an individual 16,027
is impaired, the board shall require the individual to submit to 16,028
care, counseling, or treatment approved or designated by the 16,029
board, as a condition for initial, continued, reinstated, or 16,030
renewed licensure to practice. The individual shall be afforded 16,031
an opportunity to demonstrate to the board that the individual 16,032
can resume the individual's occupation in compliance with 16,034
acceptable and prevailing standards under the provisions of the 16,036
individual's license. For the purpose of this section, any 16,038
individual who is licensed by this chapter or makes application 16,039
for licensure shall be deemed to have given consent to submit to 16,040
a mental or physical examination when directed to do so in 16,041
writing by the board, and to have waived all objections to the 16,042
admissibility of testimony or examination reports that constitute 16,043
a privileged communication.
(E) The board shall investigate evidence that appears to 16,045
show that any person has violated any provision of this chapter 16,046
or any rule of the board. Any person may report to the board any 16,047
information the person may have that appears to show a violation 16,048
of any provision of this chapter or rule of the board. In the 16,049
absence of bad faith, any person who reports such information or 16,050
who testifies before the board in any adjudication conducted 16,052
377
under Chapter 119. of the Revised Code shall not be liable for 16,053
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 16,055
investigation is confidential and not subject to discovery in any 16,056
civil action, except that the board may disclose information to 16,057
law enforcement officers and government entities investigating a 16,058
person licensed by the board. No law enforcement officer or 16,059
government entity with knowledge of any information disclosed by 16,060
the board pursuant to this division shall divulge the information 16,061
to any other person or government entity except for the purpose 16,062
of an adjudication by a court or licensing or registration board 16,063
or officer to which the person to whom the information relates is
a party. 16,064
If the investigation requires a review of patient records, 16,066
the investigation and proceeding shall be conducted in such a 16,067
manner as to protect patient confidentiality. 16,068
All hearings and investigations of the board shall be 16,070
considered civil actions for the purposes of section 2305.251 of 16,071
the Revised Code. 16,072
The hearings of the board shall be conducted in accordance 16,074
with Chapter 119. of the Revised Code. The board may appoint a 16,075
hearing examiner as provided in section 119.09 to conduct any 16,076
hearing the board is empowered to hold under Chapter 119. of the 16,077
Revised Code. 16,078
In the absence of fraud or bad faith, neither the board nor 16,080
any current or former members, agents, representatives, or 16,081
employees of the board shall be held liable in damages to any 16,082
person as the result of any act, omission, proceeding, conduct, 16,083
or decision related to their official duties undertaken or 16,084
performed pursuant to this chapter. If a current or former 16,085
member, agent, representative, or employee requests the state to 16,086
defend the individual against any claim or action arising out of 16,087
any act, omission, proceeding, conduct, or decision related to 16,089
the individual's official duties, if the request is made in 16,091
378
writing at a reasonable time before trial, and if the individual 16,092
requesting defense cooperates in good faith in the defense of the 16,093
claim or action, the state shall provide and pay for such defense 16,094
and shall pay any resulting judgment, compromise, or settlement. 16,095
At no time shall the state pay that part of a claim or judgment 16,096
that is for punitive or exemplary damages. 16,097
(F) Any action taken by the board under this section 16,099
resulting in a suspension from practice shall be accompanied by a 16,100
written statement of the conditions under which the person may be 16,101
reinstated to practice. 16,102
(G) No unilateral surrender of a license issued under this 16,104
chapter shall be effective unless accepted by majority vote of 16,105
the board. No application for a license issued under this 16,106
chapter may be withdrawn without a majority vote of the board. 16,107
(H) Notwithstanding division (B)(23) of this section, 16,109
sanctions shall not be imposed against any licensee who waives 16,110
deductibles and copayments: 16,111
(1) In compliance with the health benefit plan that 16,113
expressly allows such a practice. Waiver of the deductibles or 16,114
copayments shall be made only with the full knowledge and consent 16,115
of the plan purchaser, payer, and third-party administrator. The 16,116
consent shall be made available to the board upon request. 16,117
(2) For professional services rendered to any other person 16,119
licensed pursuant to this chapter to the extent allowed by this 16,120
chapter and the rules of the board. 16,121
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 16,124
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 16,125
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 16,126
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 16,128
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 16,130
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 16,131
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 16,132
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 16,133
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 16,134
379
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 16,135
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 16,136
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 16,137
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 16,138
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 16,139
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 16,140
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 16,141
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 16,142
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 16,143
WITH SECTION 4723.28 OF THE REVISED CODE. 16,144
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 16,146
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 16,147
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 16,148
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 16,149
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 16,151
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 16,152
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 16,154
PRACTICE DEFICIENCY; 16,155
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 16,157
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 16,158
DISCIPLINARY ACTION; 16,159
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 16,161
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 16,162
DEFICIENCY; 16,163
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 16,165
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 16,166
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 16,168
INDIVIDUAL'S REMEDIATION; 16,169
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 16,171
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 16,172
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 16,174
DEVELOP AND ADMINISTER THE PROGRAM. 16,175
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 16,177
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 16,178
380
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 16,180
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 16,181
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 16,182
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 16,183
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 16,186
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 16,187
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 16,188
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 16,189
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 16,190
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 16,191
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 16,193
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 16,194
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 16,195
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 16,196
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 16,199
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 16,200
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 16,201
Sec. 4725.16. (A) Each certificate of licensure, topical 16,210
ocular pharmaceutical agents certificate, and therapeutic 16,212
pharmaceutical agents certificate issued by the state board of 16,214
optometry shall expire annually on the last day of December, and 16,215
may be renewed in accordance with this section and the standard 16,216
renewal procedure established under Chapter 4745. of the Revised 16,218
Code.
(B) All licensed optometrists shall annually complete 16,221
continuing education in subjects relating to the practice of 16,223
optometry, to the end that the utilization and application of new 16,224
techniques, scientific and clinical advances, and the 16,225
achievements of research will assure comprehensive care to the 16,226
public. The board shall prescribe by rule the continuing 16,227
optometric education that licensed optometrists must complete. 16,228
381
The length of study shall be determined by the board but shall be 16,230
not less than six nor more than twenty-five clock hours each 16,231
year, except that the board shall prescribe an additional five 16,233
clock hours of instruction in pharmacology to be completed by 16,235
optometrists who hold topical ocular pharmaceutical agents 16,236
certificates or therapeutic pharmaceutical agents certificates. 16,237
Unless the continuing education required under this 16,239
division is waived or deferred under division (D) of this 16,240
section, the continuing education must be completed during the 16,241
twelve-month period beginning on the first day of October and 16,243
ending on the last day of September. If the board receives 16,244
notice from a continuing education program indicating that an 16,245
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 16,246
education completed after that day to renew the license that 16,247
expires on the last day of December of that year, the optometrist 16,249
shall pay the penalty specified under section 4725.34 of the 16,250
Revised Code for late completion of continuing education. 16,251
At least once annually, the board shall mail to each 16,254
licensed optometrist a list of courses approved in accordance 16,255
with standards prescribed by board rule. Upon the request of a 16,256
licensed optometrist, the executive director of the board shall 16,258
supply a list of additional courses that the board has approved 16,260
subsequent to the most recent mailing of the list of approved 16,261
courses.
(C) Annually, by the first day of November, the board 16,264
shall mail to each licensed optometrist a notice regarding 16,265
license renewal and an application for license renewal. The 16,266
application shall be in such form and require such pertinent 16,267
professional biographical data as the board may require. Filing 16,268
of the application with the board shall serve as notice by the 16,269
optometrist that the continuing optometric education requirement 16,271
has been successfully completed.
If the board finds that the optometrist has not completed 16,273
382
the required continuing optometric education, the board shall 16,275
disapprove the optometrist's application. All other applications 16,277
shall be approved. The board shall refuse to accept an 16,278
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 16,279
section 4725.19 of the Revised Code. 16,280
The board's order of disapproval for renewal shall be 16,282
effective without a hearing unless a hearing is requested 16,285
pursuant to Chapter 119. of the Revised Code. Notice of the 16,287
applicant's failure to qualify for renewal shall be served upon 16,288
the applicant by mail, which shall be sent on or before the 16,290
fifteenth day of November to the address shown in the board's 16,292
records.
(D) In cases of certified illness or undue hardship, the 16,294
board may waive or defer for up to twelve months the requirement 16,296
of continuing optometric education, except that in such cases the 16,298
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 16,299
topical ocular pharmaceutical agents certificates or therapeutic 16,300
pharmaceutical agents certificates. The board shall waive the 16,301
requirement of continuing optometric education for any 16,302
optometrist who is serving in the armed forces of the United 16,303
States or who has received an initial certificate of licensure 16,305
during the nine-month period which ended on the last day of 16,306
September.
(E) An optometrist who desires to continue the practice of 16,310
optometry and whose application for license renewal has been 16,311
approved by the board may renew each certificate held by paying 16,312
the fees for renewal specified under section 4725.34 of the 16,313
Revised Code. The optometrist shall pay the fees on or before 16,314
the first day of January to the treasurer of state. On payment 16,316
of the renewal fees, the board shall issue a renewal of the 16,317
optometrist's certificate of licensure, topical ocular 16,318
pharmaceutical agents certificate, and therapeutic pharmaceutical 16,319
383
agents certificate, as appropriate. 16,320
(F) A notice shall be sent to every licensed optometrist 16,324
who fails to respond to the notice provided under division (C) of 16,325
this section, at the optometrist's last address, at least one 16,327
month in advance of the date of expiration. A second notice 16,329
shall be sent in advance of the date of expiration and prior to 16,330
any action under division (G) of this section to classify the 16,331
optometrist's certificates as delinquent, to every optometrist 16,332
failing to respond to the preceding notice. 16,333
(G)(1) The failure of an optometrist to apply for license 16,336
renewal or the failure to pay the applicable annual renewal fees 16,338
on or before the last day of December of each year, shall 16,339
automatically work a forfeiture of the optometrist's authority to 16,341
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 16,342
records as delinquent. 16,343
(2) Any optometrist subject to delinquent classification 16,346
may submit a written application to the board for reinstatement. 16,348
For reinstatement to occur, the applicant must meet all of the 16,349
following conditions:
(a) Submit to the board evidence of compliance with board 16,352
rules requiring continuing optometric education in a sufficient 16,353
number of hours to make up for any delinquent compliance; 16,354
(b) Pay all delinquent annual THE renewal fees FOR THE 16,357
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 16,358
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 16,359
section 4725.34 of the Revised Code; 16,360
(c) Pass all or part of the licensing examination accepted 16,363
by the board under section 4725.11 of the Revised Code as the 16,364
board considers appropriate to determine whether the application 16,365
for reinstatement should be approved; 16,366
(d) If the applicant has been practicing optometry in 16,368
another state or country, submit evidence that the applicant's 16,369
license to practice optometry in the other state or country is in 16,371
384
good standing.
(3) The board shall approve an application for 16,373
reinstatement if the conditions specified in division (G)(2) of 16,375
this section are met. An optometrist who receives reinstatement 16,376
is subject to the continuing education requirements specified 16,377
under division (B) of this section for the year in which 16,378
reinstatement occurs. 16,379
Sec. 4725.17. (A) An optometrist who intends not to 16,388
continue practicing optometry in this state due to retirement or 16,389
a decision to practice in another state or country may apply to 16,390
the state board of optometry to have the certificates issued to 16,391
the optometrist placed on inactive status. Application for 16,392
inactive status shall consist of a written notice to the board of 16,394
the optometrist's intention to no longer practice in this state. 16,395
The board may not accept an application submitted after the 16,396
applicant's certificate of licensure and any other certificates 16,397
have expired. The board may approve an application for placement 16,398
on inactive status only if the applicant's certificates are in 16,400
good standing and the applicant is not under disciplinary review 16,401
pursuant to section 4725.19 of the Revised Code. 16,402
(B) An individual whose certificates have been placed on 16,404
inactive status may submit a written application to the board for 16,405
reinstatement. For reinstatement to occur, the applicant must 16,407
meet all of the following conditions: 16,408
(1) Pay the renewal fees for that THE year IN WHICH 16,410
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 16,411
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 16,413
Code; 16,414
(2) Pass all or part of the licensing examination accepted 16,416
by the board under section 4725.11 of the Revised Code as the 16,418
board considers appropriate to determine whether the application 16,419
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 16,421
another state or country, submit evidence of being in the active 16,422
385
practice OF optometry in the other state or country and evidence 16,423
that the applicant's license to practice in the other state or 16,424
country is in good standing. 16,425
(C) The board shall approve an application for 16,427
reinstatement if the conditions specified in division (B) of this 16,429
section are met. An optometrist who receives reinstatement is 16,431
subject to the continuing education requirements specified under 16,432
section 4725.16 of the Revised Code for the year in which 16,433
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 16,442
(1) "Category I" means single-dose injections of 16,444
intravenous fluids, including saline, Ringer's lactate, five per 16,445
cent dextrose and distilled water, and other intravenous fluids 16,446
or parenteral solutions included in this category by rule of the 16,447
board of pharmacy, that have a volume of one hundred milliliters 16,448
or more and that contain no added substances, or single-dose 16,449
injections of epinephrine to be administered pursuant to sections 16,450
4765.38 and 4765.39 of the Revised Code. 16,451
(2) "Category II" means any dangerous drug that is not 16,453
included in category I or III. 16,454
(3) "Category III" means any controlled substance that is 16,456
contained in schedule I, II, III, IV, or V. 16,457
(4) "Emergency medical service organization" has the same 16,459
meaning as in section 4765.01 of the Revised Code. 16,460
(5) "Person" includes an emergency medical service 16,462
organization. 16,463
(6) "Schedule I, schedule II, schedule III, schedule IV, 16,465
and schedule V" mean controlled substance schedules I, II, III, 16,466
IV, and V, respectively, as established pursuant to section 16,467
3719.41 of the Revised Code and as amended. 16,468
(B) A person who desires to be licensed as a terminal 16,470
distributor of dangerous drugs shall file with the executive 16,471
director of the board of pharmacy a verified application that 16,472
contains the following: 16,473
386
(1) Information that the board requires relative to the 16,475
qualifications of a terminal distributor of dangerous drugs set 16,476
forth in section 4729.55 of the Revised Code; 16,477
(2) A statement that the person wishes to be licensed as a 16,479
category I, category II, category III, limited category I, 16,480
limited category II, or limited category III terminal distributor 16,481
of dangerous drugs; 16,482
(3) If the person wishes to be licensed as a limited 16,484
category I, limited category II, or limited category III terminal 16,485
distributor of dangerous drugs, a notarized list of the dangerous 16,486
drugs that the person wishes to possess, have custody or control 16,487
of, and distribute, which list shall also specify the purpose for 16,488
which those drugs will be used and their source; 16,489
(4) If the person is an emergency medical service 16,491
organization, the information that is specified in division 16,492
(C)(1) of this section; 16,493
(5) Except for an emergency medical service organization, 16,495
the identity of the one establishment or place at which the 16,496
person intends to engage in the sale or other distribution of 16,497
dangerous drugs at retail, and maintain possession, custody, or 16,498
control of dangerous drugs for purposes other than the person's 16,499
own use or consumption. 16,500
(C)(1) An emergency medical service organization that 16,502
wishes to be licensed as a terminal distributor of dangerous 16,503
drugs shall list in its application for licensure the following 16,504
additional information: 16,505
(a) The units under its control that the organization 16,507
determines will possess dangerous drugs for the purpose of 16,508
administering emergency medical services in accordance with 16,509
Chapter 4765. of the Revised Code; 16,510
(b) With respect to each such unit, whether the dangerous 16,512
drugs that the organization determines the unit will possess are 16,513
in category I, II, or III. 16,514
(2) An emergency medical service organization that is 16,516
387
licensed as a terminal distributor of dangerous drugs shall file 16,517
a new application for such licensure if there is any change in 16,518
the number, or location of, any of its units or any change in the 16,519
category of the dangerous drugs that any unit will possess. 16,520
(3) A unit listed in an application for licensure pursuant 16,522
to division (C)(1) of this section may obtain the dangerous drugs 16,523
it is authorized to possess from its emergency medical service 16,524
organization or, on a replacement basis, from a hospital 16,525
pharmacy. If units will obtain dangerous drugs from a hospital 16,526
pharmacy, the organization shall file, and maintain in current 16,527
form, the following items with the pharmacist who is responsible 16,528
for the hospital's terminal distributor of dangerous drugs 16,529
license: 16,530
(a) A copy of its standing orders or protocol; 16,532
(b) A list of the personnel employed or used by the 16,534
organization to provide emergency medical services in accordance 16,535
with Chapter 4765. of the Revised Code, who are authorized to 16,536
possess the drugs, which list also shall indicate the personnel 16,537
who are authorized to administer the drugs. 16,538
(D) Each emergency medical service organization that 16,540
applies for a terminal distributor of dangerous drugs license 16,541
shall submit with its application the following: 16,542
(1) A notarized copy of its standing orders or protocol, 16,544
which orders or protocol shall be signed by a physician and 16,545
specify the dangerous drugs that its units may carry, expressed 16,546
in standard dose units; 16,547
(2) A list of the personnel employed or used by the 16,549
organization to provide emergency medical services in accordance 16,550
with Chapter 4765. of the Revised Code. 16,551
An emergency medical service organization that is licensed 16,553
as a terminal distributor shall notify the board immediately of 16,554
any changes in its standing orders or protocol. 16,555
(E) There shall be six categories of terminal distributor 16,557
of dangerous drugs licenses, which categories shall be as 16,558
388
follows: 16,559
(1) Category I license. A person who obtains this license 16,561
may possess, have custody or control of, and distribute only the 16,562
dangerous drugs described in category I. 16,563
(2) Limited category I license. A person who obtains this 16,565
license may possess, have custody or control of, and distribute 16,566
only the dangerous drugs described in category I that were listed 16,567
in the application for licensure. 16,568
(3) Category II license. A person who obtains this 16,570
license may possess, have custody or control of, and distribute 16,571
only the dangerous drugs described in category I and category II. 16,572
(4) Limited category II license. A person who obtains 16,574
this license may possess, have custody or control of, and 16,575
distribute only the dangerous drugs described in category I or 16,576
category II that were listed in the application for licensure. 16,577
(5) Category III license. A person who obtains this 16,579
license may possess, have custody or control of, and distribute 16,580
the dangerous drugs described in category I, category II, and 16,581
category III. 16,582
(6) Limited category III license. A person who obtains 16,584
this license may possess, have custody or control of, and 16,585
distribute only the dangerous drugs described in category I, 16,586
category II, or category III that were listed in the application 16,587
for licensure. 16,588
(F) Except for an application made on behalf of an animal 16,590
shelter, if an applicant for licensure as a limited category I, 16,591
II, or III terminal distributor of dangerous drugs intends to 16,592
administer dangerous drugs to a person or animal, the applicant 16,593
shall submit, with the application, a notarized copy of its 16,594
protocol or standing orders, which protocol or orders shall be 16,595
signed by a licensed health professional authorized to prescribe 16,597
drugs, specify the dangerous drugs to be administered, and list 16,598
personnel who are authorized to administer the dangerous drugs in 16,599
accordance with federal law or the law of this state. An 16,600
389
application made on behalf of an animal shelter shall include a 16,601
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 16,602
drugs to animals in accordance with section 4729.532 of the 16,603
Revised Code. After obtaining a terminal distributor license, a 16,604
licensee shall notify the board immediately of any changes in its 16,605
protocol or standing orders, or in such personnel. 16,606
(G)(1) Except as provided in division (G)(2) of this 16,609
seciton SECTION, each applicant for licensure as a terminal 16,611
distributor of dangerous drugs shall submit, with the 16,612
application, a license fee determined as follows: 16,613
(a) For a category I or limited category I license, 16,615
forty-five dollars; 16,616
(b) For a category II or limited category II license, one 16,619
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 16,621
one hundred fifty dollars. 16,622
(2) For a professional association, corporation, 16,624
partnership, or limited liability company organized for the 16,625
purpose of practicing veterinary medicine, the fee shall be five 16,626
FORTY dollars. 16,627
Fees assessed under divisions (G)(1) and (2) of this 16,630
section shall not be returned if the applicant fails to qualify 16,631
for registration.
(H)(1) The board shall issue a terminal distributor of 16,633
dangerous drugs license to each person who submits an application 16,634
for such licensure in accordance with this section, pays the 16,635
required license fee, is determined by the board to meet the 16,636
requirements set forth in section 4729.55 of the Revised Code, 16,637
and satisfies any other applicable requirements of this section. 16,638
(2) The license of a person other than an emergency 16,640
medical service organization shall describe the one establishment 16,641
or place at which the licensee may engage in the sale or other 16,642
distribution of dangerous drugs at retail and maintain 16,643
390
possession, custody, or control of dangerous drugs for purposes 16,644
other than the licensee's own use or consumption. The one 16,645
establishment or place shall be that which is described in the 16,647
application for licensure. 16,648
No such license shall authorize or permit the terminal 16,650
distributor of dangerous drugs named in it to engage in the sale 16,651
or other distribution of dangerous drugs at retail or to maintain 16,652
possession, custody, or control of dangerous drugs for any 16,653
purpose other than the distributor's own use or consumption, at 16,655
any establishment or place other than that described in the 16,656
license, except that an agent or employee of an animal shelter 16,657
may possess and use dangerous drugs in the course of business as 16,658
provided in division (D) of section 4729.532 of the Revised Code. 16,659
(3) The license of an emergency medical service 16,661
organization shall cover and describe all the units of the 16,664
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 16,666
drugs shall indicate, on its face, the category of licensure. If 16,667
the license is a limited category I, II, or III license, it shall 16,668
specify, and shall authorize the licensee to possess, have 16,669
custody or control of, and distribute only, the dangerous drugs 16,670
that were listed in the application for licensure. 16,671
(I) All licenses issued pursuant to this section shall be 16,673
effective for a period of twelve months from the first day of 16,674
January of each year. A license shall be renewed by the board 16,675
for a like period, annually, according to the provisions of this 16,676
section, and the standard renewal procedure of Chapter 4745. of 16,677
the Revised Code. A person who desires to renew a license shall 16,678
submit an application for renewal and pay the required fee on or 16,679
before the thirty-first day of December each year. The fee 16,681
required for the renewal of a license shall be the same as the 16,682
fee paid for the license being renewed, and shall accompany the 16,683
application for renewal. 16,684
A license that has not been renewed during December in any 16,686
391
year and by the first day of February of the following year may 16,687
be reinstated only upon payment of the required renewal fee and a 16,688
penalty fee of fifty-five dollars. 16,689
(J)(1) No emergency medical service organization that is 16,691
licensed as a terminal distributor of dangerous drugs shall fail 16,692
to comply with division (C)(2) or (3) of this section. 16,693
(2) No emergency medical service organization that is 16,695
licensed as a terminal distributor of dangerous drugs shall fail 16,696
to comply with division (D) of this section. 16,697
(3) No licensed terminal distributor of dangerous drugs 16,699
shall possess, have custody or control of, or distribute 16,700
dangerous drugs that the terminal distributor is not entitled to 16,701
possess, have custody or control of, or distribute by virtue of 16,702
its category of licensure. 16,703
(4) No licensee that is required by division (F) of this 16,705
section to notify the board of changes in its protocol or 16,706
standing orders, or in personnel, shall fail to comply with that 16,707
division. 16,708
Sec. 4730.11. If the state medical board determines under 16,718
section 4730.10 of the Revised Code that an applicant meets the 16,720
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 16,722
applicant as a physician assistant and issue to the applicant a 16,724
certificate of registration as a physician assistant. The 16,726
certificate shall expire biennially and may be renewed in 16,727
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 16,729
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 16,730
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 16,731
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 16,732
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 16,741
under division (B) of this section for applying for renewal of a 16,743
certificate of registration, each person holding a certificate 16,745
392
under this chapter to practice medicine and surgery, osteopathic 16,746
medicine and surgery, or podiatry shall certify to the state 16,747
medical board that in the preceding two years the person has 16,748
completed one hundred hours of continuing medical education. The 16,749
certification shall be made upon the application for biennial 16,750
registration submitted pursuant to division (B) of this section. 16,753
The board shall adopt rules providing for pro rata reductions by 16,754
month of the number of hours of continuing education required for 16,756
persons who are in their first registration period, who have a
registration period of less than two years due to initial 16,757
implementation of the staggered renewal schedule established 16,758
under division (B) of this section, who have been disabled due to 16,760
illness or accident, or who have been absent from the country. 16,761
In determining whether a course, program, or activity 16,763
qualifies for credit as continuing medical education, the board 16,764
shall approve all continuing medical education taken by persons 16,766
holding a certificate to practice medicine and surgery that is 16,767
certified by the Ohio state medical association, all continuing 16,768
medical education taken by persons holding a certificate to 16,769
practice osteopathic medicine and surgery that is certified by 16,770
the Ohio osteopathic association, and all continuing medical 16,772
education taken by persons holding a certificate to practice 16,773
podiatry that is certified by the Ohio podiatric medical 16,775
association. Each person holding a certificate to practice under 16,777
this chapter shall be given sufficient choice of continuing 16,778
education programs to ensure that the person has had a reasonable 16,779
opportunity to participate in continuing education programs that 16,781
are relevant to the person's medical practice in terms of subject 16,783
matter and level.
The board may require a random sample of persons holding a 16,786
certificate to practice under this chapter to submit materials 16,787
documenting completion of the continuing medical education 16,788
requirement during the preceding registration period, but this 16,789
provision shall not limit the board's authority to investigate 16,790
393
pursuant to section 4731.22 of the Revised Code. 16,791
(B)(1) Every person holding a certificate under this 16,793
chapter to practice medicine and surgery, osteopathic medicine 16,794
and surgery, or podiatry wishing to renew that certificate shall 16,795
apply to the board for a certificate of registration upon an 16,797
application furnished by the board, and pay to the board at the 16,798
time of application a fee of two THREE hundred seventy-five FIVE 16,799
dollars, according to the following schedule: 16,800
(a) Persons whose last name begins with the letters "A" 16,802
through "B," on or before April 1, 2001, and the first day of 16,803
April of every odd-numbered year thereafter; 16,804
(b) Persons whose last name begins with the letters "C" 16,806
through "D," on or before January 1, 2001, and the first day of 16,807
January of every odd-numbered year thereafter; 16,808
(c) Persons whose last name begins with the letters "E" 16,811
through "G," on or before October 1, 2000, and the first day of 16,814
October of every even-numbered year thereafter; 16,815
(d) Persons whose last name begins with the letters "H" 16,818
through "K," on or before July 1, 2000, and the first day of July 16,821
of every even-numbered year thereafter; 16,822
(e) Persons whose last name begins with the letters "L" 16,825
through "M," on or before April 1, 2000, and the first day of 16,828
April of every even-numbered year thereafter; 16,829
(f) Persons whose last name begins with the letters "N" 16,832
through "R," on or before January 1, 2000, and the first day of 16,835
January of every even-numbered year thereafter; 16,836
(g) Persons whose last name begins with the letter "S," on 16,839
or before October 1, 1999, and the first day of October of every 16,841
odd-numbered year thereafter; 16,842
(h) Persons whose last name begins with the letters "T" 16,845
through "Z," on or before July 1, 1999, and the first day of July 16,846
of every odd-numbered year thereafter. 16,847
The board shall deposit the fee in accordance with section 16,850
4731.24 of the Revised Code, except that, until July 30, 2001, 16,852
394
the board shall deposit twenty dollars of the fee into the state 16,853
treasury to the credit of the physician loan repayment fund 16,854
created by section 3702.78 of the Revised Code. 16,855
(2) The board shall mail or cause to be mailed to every 16,858
person registered to practice medicine and surgery, osteopathic 16,859
medicine and surgery, or podiatry, an application for 16,860
registration addressed to the person's last known post-office 16,861
address or may cause the application to be sent to the person 16,863
through the secretary of any recognized medical, osteopathic, or 16,864
podiatric society, according to the following schedule: 16,866
(a) To persons whose last name begins with the letters "A" 16,868
through "B," on or before January 1, 2001, and the first day of 16,870
January of every odd-numbered year thereafter; 16,871
(b) To persons whose last name begins with the letters "C" 16,874
through "D," on or before October 1, 2000, and the first day of 16,877
October of every even-numbered year thereafter; 16,878
(c) To persons whose last name begins with the letters "E" 16,881
through "G," on or before July 1, 2000, and the first day of July 16,884
of every even-numbered year thereafter; 16,885
(d) To persons whose last name begins with the letters "H" 16,888
through "K," on or before April 1, 2000, and the first day of 16,891
April of every even-numbered year thereafter; 16,892
(e) To persons whose last name begins with the letters "L" 16,895
through "M," on or before January 1, 2000, and the first day of 16,898
January of every even-numbered year thereafter; 16,899
(f) To persons whose last name begins with the letters "N" 16,902
through "R," on or before October 1, 1999, and the first day of 16,905
October of every odd-numbered year thereafter; 16,906
(g) To persons whose last name begins with the letter "S," 16,909
on or before July 1, 1999, and the first day of July of every 16,911
odd-numbered year thereafter; 16,912
(h) To persons whose last name begins with the letters "T" 16,915
through "Z," on or before April 1, 1999, and the first day of 16,918
April of every odd-numbered year thereafter. 16,919
395
Failure of any person to receive an application from the 16,922
board shall not excuse the person from the requirements contained 16,923
in this section. The application shall contain proper spaces for 16,924
the applicant's signature and the insertion of the required 16,925
information, including a statement that the person has fulfilled 16,927
the continuing education requirements imposed by this section. 16,928
The applicant shall write or cause to be written upon the 16,930
application so furnished the applicant's full name, principal 16,932
practice address and residence address, the number of the 16,934
applicant's certificate to practice, and any other facts for the 16,936
identification of the applicant as a person holding a certificate 16,937
to practice under this chapter as the board considers necessary. 16,938
The applicant shall include with the application a list of the 16,939
names and addresses of any clinical nurse specialists, certified 16,940
nurse-midwives, or certified nurse practitioners with whom the 16,941
applicant is currently collaborating, as defined in section 16,942
4723.02 of the Revised Code. The applicant shall execute and 16,945
deliver the application to the board by mail or in person. Every 16,946
person registered under this section shall give written notice to 16,947
the board of any change of principal practice address or 16,948
residence address or in the list within thirty days of the 16,949
change.
The applicant shall report any criminal offense that 16,951
constitutes grounds for refusal of registration under section 16,952
4731.22 of the Revised Code to which the applicant has pleaded 16,953
guilty, of which the applicant has been found guilty, or for 16,956
which the applicant has been found eligible for treatment in lieu 16,957
of conviction, since last signing an application for a 16,959
certificate of registration.
(C) The board shall issue to any person holding a 16,961
certificate under this chapter to practice medicine and surgery, 16,962
osteopathic medicine and surgery, or podiatry, upon application 16,963
and qualification therefor in accordance with this section, a 16,964
certificate of registration under the seal of the board. A 16,965
396
certificate of registration shall be valid for a two-year period, 16,966
commencing on the first day of the third month after the 16,968
registration fee is due and expiring on the last day of the month 16,970
two years thereafter. 16,971
The board shall publish and cause to be mailed to each 16,975
person registered under this section, upon request, a printed 16,976
list of the persons so registered.
(D) Failure of any certificate holder to register and 16,978
comply with this section shall operate automatically to suspend 16,979
the holder's certificate to practice. Continued practice after 16,982
the suspension of the certificate to practice shall be considered 16,983
as practicing in violation of section 4731.41, 4731.43, or 16,985
4731.60 of the Revised Code. Subject to section 4731.222 of the 16,986
Revised Code, the board shall reinstate a certificate to practice 16,987
for failure to register upon an applicant's submission of the 16,988
biennial registration fee, the applicable monetary penalty, and 16,990
certification by signature of the applicant that the applicant 16,991
has completed the requisite continuing medical education. The 16,992
penalty for reinstatement shall be fifty dollars if the 16,994
certificate has been suspended for two years or less and one 16,995
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 16,996
accordance with section 4731.24 of the Revised Code. 16,998
(E) If an individual certifies completion of the number of 17,000
hours and type of continuing medical education required to 17,002
receive a certificate of registration or reinstatement of a 17,003
certificate to practice, and the board finds through the random 17,004
samples it conducts under this section or through any other means 17,005
that the individual did not complete the requisite continuing 17,006
medical education, the board may impose a civil penalty of not 17,007
more than five thousand dollars. The board's finding shall be 17,008
made pursuant to an adjudication under Chapter 119. of the 17,009
Revised Code and by an affirmative vote of not fewer than six 17,011
members.
397
A civil penalty imposed under this division may be in 17,013
addition to or in lieu of any other action the board may take 17,014
under section 4731.22 of the Revised Code. The board shall 17,016
deposit civil penalties in accordance with section 4731.24 of the 17,017
Revised Code.
(F) The state medical board may obtain information not 17,019
protected by statutory or common law privilege from courts and 17,020
other sources concerning malpractice claims against any person 17,021
holding a certificate to practice under this chapter or 17,022
practicing as provided in section 4731.36 of the Revised Code. 17,023
Sec. 4732.05. The members of the state board of psychology 17,032
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 17,033
shall receive an amount fixed under division (J) of section 17,034
124.15 of the Revised Code for each day employed in the discharge 17,035
of their official duties, and their necessary expenses while 17,036
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 17,045
of each even-numbered year, each person licensed by the state 17,046
board of psychology shall register with the board on a form 17,047
prescribed by the board, giving his THE PERSON'S name, address, 17,048
license number, the continuing education information required by 17,050
section 4732.141 of the Revised Code, and such other reasonable 17,051
information as the board requires, and pay to the board secretary 17,053
a biennial registration fee in an amount determined by the board, 17,054
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 17,055
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 17,056
THEREAFTER. A person licensed for the first time on or before 17,058
the thirty-first day of August of an even-numbered year shall 17,059
next be required to register on or before the thirty-first day of 17,060
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 17,063
the secretary shall send a notice to each licensed psychologist 17,064
and licensed school psychologist, whether a resident or not, at 17,065
the licensed psychologist's or licensed school psychologist's 17,066
398
last known address, that the licensed psychologist's or licensed 17,067
school psychologist's biennial registration form and fee are due 17,068
on or before the last day of August. Before the fifteenth day of 17,069
September of such years, the secretary shall send a second notice 17,070
to each such person who has not paid the registration fee or 17,071
registered with the board as required by this section. A license 17,073
of any licensed psychologist or licensed school psychologist 17,074
shall automatically be suspended if the biennial registration fee 17,075
is not paid or the registration form is not received on or before 17,076
the thirtieth day of September of a renewal year. Within five 17,077
years thereafter, the board may reinstate any license so 17,078
suspended upon payment of the current registration fee and a 17,079
penalty not to exceed fifty dollars, as determined by the board, 17,080
and receipt of the registration form completed by the registrant 17,081
in accordance with this section and section 4732.141 of the 17,082
Revised Code or in accordance with any modifications authorized 17,083
by the board under division (F) of section 4732.141 of the 17,084
Revised Code. The board may by rule waive the payment of the
registration fee and completion of the continuing psychology 17,085
education required by section 4732.141 of the Revised Code by a 17,086
licensed psychologist or licensed school psychologist when the 17,087
licensed psychologist or licensed school psychologist is on 17,088
active duty in the armed forces of the United States. 17,089
Each licensed psychologist and licensed school psychologist 17,091
shall notify the secretary of any change in the licensed 17,092
psychologist's or licensed school psychologist's office address 17,093
or employment within ninety days of such change. 17,094
Sec. 4735.06. (A) Application for a license as a real 17,103
estate broker shall be made in writing to the superintendent of 17,104
real estate on blanks FORMS furnished by the superintendent and 17,105
filed with the superintendent and shall be sworn to SIGNED by the 17,107
applicant or its members or officers. Each application shall 17,109
state the name of the person applying and the location of the 17,110
place of business for which the license is desired, and give such 17,111
399
other information as the superintendent requires in the form of 17,112
application prescribed by the superintendent. 17,113
The application shall be accompanied by a recent photograph 17,115
of the applicant and the names of three resident freeholders of 17,116
the county in which the applicant resides or has his THE 17,117
APPLICANT'S place of business. If the applicant has resided, or 17,118
has engaged in the real estate business, for less than one year 17,120
in the county from which the application is made, the application 17,121
shall be accompanied by a recent photograph of the applicant and 17,122
the names of three resident freeholders of each of the counties 17,123
where he THE APPLICANT formerly resided or engaged in the real 17,124
estate business during the period of one year prior to the filing 17,125
of the application. No one of the freeholders shall be related 17,126
to the applicant, and one of them shall be the applicant's most 17,127
recent broker. If the applicant's most recent broker is a 17,128
relative of the applicant or is not a freeholder, the name of a 17,129
third freeholder shall be furnished. The freeholders shall 17,130
furnish information to the superintendent, on forms prescribed by 17,131
the superintendent, concerning the character of the applicant. 17,132
If the applicant maintains more than one place of business within 17,133
the state, he THE APPLICANT shall apply for and procure a 17,134
duplicate license for each branch office so maintained by him THE 17,135
APPLICANT. Each branch office shall be in the charge of a 17,137
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 17,139
of all the members also shall be stated, and, if the applicant is 17,140
a corporation, the names of its president and of each of its 17,141
officers also shall be stated. The superintendent has the right 17,142
to reject the application of any partnership, association, or 17,143
corporation if the name proposed to be used by such partnership, 17,144
association, or corporation is likely to mislead the public or if 17,145
the name is not such as to distinguish it from the name of any 17,146
existing partnership, association, or corporation licensed under 17,147
this chapter, unless there is filed with such THE application the 17,149
400
written consent of such existing partnership, association, or 17,150
corporation, executed by a duly authorized representative of it, 17,151
permitting the use of the name of such existing partnership, 17,152
association, or corporation. 17,153
(B) A fee of sixty-nine dollars shall accompany the 17,156
application for a real estate broker's license, which fee shall 17,157
include the license if it is issued. The application fee shall 17,158
be retained by the superintendent if the applicant is admitted to 17,159
the examination for the license or the examination requirement is 17,160
waived, but, if an applicant is not so admitted and a waiver is 17,161
not involved, one-half of the fee shall be retained by the 17,162
superintendent to cover the expenses of processing the 17,163
application and the other one-half shall be returned to the 17,164
applicant. A fee of sixty-nine dollars shall be charged by the 17,166
superintendent for each successive application made by an 17,167
applicant. 17,168
(C) Four dollars of each fee for a real estate broker's 17,171
license shall be credited to the real estate education and 17,172
research fund, which is hereby created in the state treasury. 17,173
The Ohio real estate commission may use the fund in discharging 17,174
the duties prescribed in divisions (E), (F), and (G) of section 17,175
4735.03 of the Revised Code and shall use it in the advancement 17,176
of education and research in real estate at any institution of 17,177
higher education in the state, or in contracting with any such 17,178
institution for a particular research or educational project in 17,179
the field of real estate, or in advancing loans, not exceeding 17,180
eight hundred dollars, to applicants for salesman SALESPERSON 17,181
licenses, to defray the costs of satisfying the educational 17,182
requirements of division (F) of section 4735.09 of the Revised 17,183
Code. Such loans shall be made according to rules established by 17,184
the commission under the procedures of Chapter 119. of the 17,185
Revised Code, and they shall be repaid to the fund within three 17,186
years of the time they are made. No more than ten thousand 17,187
dollars shall be lent from the fund in any one year. 17,188
401
The governor may appoint a representative from the 17,190
executive branch to be a member ex officio of the commission for 17,191
the purpose of advising on research requests or educational 17,192
projects. The commission shall report to the general assembly on 17,193
the third Tuesday after the third Monday in January of each year 17,194
setting forth the total amount contained in the fund and the 17,195
amount of each research grant that it has authorized and the 17,196
amount of each research grant requested. A copy of all research 17,197
reports shall be submitted to the state library of Ohio and the 17,198
library of the legislative service commission. 17,199
(D) If the superintendent, with the consent of the 17,201
commission, enters into an agreement with a national testing 17,202
service to administer the real estate broker's examination, 17,203
pursuant to division (A) of section 4735.07 of the Revised Code, 17,204
the superintendent may require an applicant to pay the TESTING 17,205
SERVICE'S examination fee directly to the testing service. If 17,207
the superintendent requires the payment of the examination fee 17,208
directly to the testing service, the fee which accompanies the 17,209
application for a broker's license shall be reduced by the amount 17,210
paid to the testing service. 17,211
Sec. 4735.07. (A) The superintendent of real estate, with 17,221
the consent of the Ohio real estate commission, may enter into 17,222
agreements with recognized national testing services to 17,223
administer the real estate broker's examination under his THE 17,224
SUPERINTENDENT'S supervision and control, consistent with the 17,225
requirements of this chapter as to the contents of such 17,227
examination.
(B) No person shall take the broker's examination who has 17,229
not established to the satisfaction of the superintendent that he 17,231
THE PERSON:
(1) Is honest, truthful, and of good reputation; 17,233
(2)(a) Has not been convicted of a felony or crime of 17,235
moral turpitude, or if he THE PERSON has been so convicted, the 17,236
superintendent has disregarded the conviction because the 17,237
402
applicant has proven to the superintendent, by a preponderance of 17,238
the evidence, that his THE APPLICANT'S activities and employment 17,239
record since the conviction show that he THE APPLICANT is honest, 17,241
truthful, and of good reputation, and there is no basis in fact 17,243
for believing that he THE APPLICANT again will violate the laws 17,244
involved;
(b) Has not been finally adjudged by a court to have 17,246
violated any municipal, state, or federal civil rights laws 17,247
relevant to the protection of purchasers or sellers of real 17,248
estate or, if he THE PERSON has been so adjudged, at least two 17,249
years have passed since the court decision and the superintendent 17,251
has disregarded the adjudication because the applicant has 17,252
proven, by a preponderance of the evidence, that his THE 17,253
APPLICANT'S activities and employment record since the 17,254
adjudication show that he THE APPLICANT is honest, truthful, and 17,255
of good reputation, and there is no basis in fact for believing 17,256
that he THE APPLICANT will again violate the laws involved; 17,257
(3) Has not, during any period in which he THE PERSON was 17,259
licensed under this chapter, violated any provision of, or any 17,261
rule adopted pursuant to, this chapter, or, if he THE PERSON has 17,262
violated any such provision or rule, has established to the 17,263
satisfaction of the superintendent that he THE PERSON will not 17,264
again violate such provision or rule; 17,265
(4) Is at least eighteen years of age; 17,267
(5) Has been a licensed real estate broker or salesman 17,269
SALESPERSON for at least two years; during at least two of the 17,270
five years preceding his THE PERSON'S application, has worked as 17,272
a licensed real estate broker or salesman SALESPERSON for an 17,274
average of at least thirty hours per week; and has completed one 17,275
of the following:
(a) At least twenty real estate transactions, in which 17,277
property was sold for another by the applicant while acting in 17,278
his THE capacity as OF a real estate broker or salesman 17,280
SALESPERSON;
403
(b) Such equivalent experience as is defined by rules 17,282
adopted by the commission; 17,283
(6)(a) If licensed as a real estate salesman SALESPERSON 17,285
prior to January 1, 1990, successfully has completed at an 17,286
institution of higher education all of the following: 17,287
(i) Thirty hours of classroom instruction in real estate 17,289
practice; 17,290
(ii) Thirty hours of classroom instruction that includes 17,292
the subjects of Ohio real estate law, municipal, state, and 17,293
federal civil rights law, new case law on housing discrimination, 17,294
desegregation issues, and methods of eliminating the effects of 17,295
prior discrimination. If feasible, the classroom instruction in 17,296
Ohio real estate law shall be taught by a member of the faculty 17,297
of an accredited law school. If feasible, the classroom 17,298
instruction in municipal, state, and federal civil rights law, 17,299
new case law on housing discrimination, desegregation issues, and 17,300
methods of eliminating the effects of prior discrimination shall 17,301
be taught by a staff member of the Ohio civil rights commission 17,302
who is knowledgeable with respect to those subjects. The 17,303
requirements of this division do not apply to an applicant who is 17,304
admitted to practice before the supreme court. 17,305
(iii) Thirty hours of classroom instruction in real estate 17,307
appraisal; 17,308
(iv) Thirty hours of classroom instruction in real estate 17,310
finance; 17,311
(v) Three quarter hours, or its equivalent in semester 17,313
hours, in financial management; 17,314
(vi) Three quarter hours, or its equivalent in semester 17,316
hours, in human resource or personnel management; 17,317
(vii) Three quarter hours, or its equivalent in semester 17,319
hours, in applied business economics; 17,320
(viii) Three quarter hours, or its equivalent in semester 17,322
hours, in business law. 17,323
(b) Division (B)(6)(a) of this section does not apply to 17,325
404
any applicant who holds a valid real estate salesman's 17,326
SALESPERSON'S license issued prior to January 2, 1972, or to 17,327
applicants for a limited real estate broker's or salesman's 17,329
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 17,330
(viii) of this section do not apply to any applicant who holds a 17,331
valid real estate salesman's SALESPERSON'S license issued prior 17,332
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 17,334
or after January 3, 1984, satisfactorily has completed a minimum 17,335
of two years of post-secondary education, or its equivalent in 17,336
semester or quarter hours, at an institution of higher education, 17,337
and has fulfilled the requirements of division (B)(6)(a) of this 17,338
section. The requirements of division (B)(6)(a) of this section 17,339
may be included in the two years of post-secondary education, or 17,340
its equivalent in semester or quarter hours, that is required by 17,341
this division. 17,342
(C) Each applicant for a broker's license shall be 17,344
examined in the principles of real estate practice, Ohio real 17,345
estate law, and financing and appraisal, and as to the duties of 17,346
real estate brokers and real estate salesmen SALESPERSONS, the 17,347
applicant's knowledge of real estate transactions and instruments 17,348
relating to them, and the canons of business ethics pertaining to 17,349
them. The commission from time to time shall promulgate such 17,350
canons and cause them to be published in printed form. 17,351
Each applicant for a limited real estate broker's or 17,353
limited real estate salesman's SALESPERSON'S license shall be 17,354
examined only in the areas specified in section 4735.091 of the 17,355
Revised Code.
(D) Examinations shall be given entirely in writing, 17,357
except that they shall be administered orally or in braille to 17,358
the blind, as defined in section 5109.15 of the Revised Code, or 17,359
orally to an individual whose physical disability, as supported 17,360
by a physician's statement, renders it impossible to take a 17,361
written examination. The contents of an examination shall be 17,362
405
consistent with the requirements of division (B)(6)(a) of this 17,363
section and with the other specific requirements of this section. 17,364
An applicant who has completed the requirements of division 17,365
(B)(6)(a) of this section at the time of application may be 17,366
examined at the next regularly scheduled examination after he THE 17,367
APPLICANT is notified of his admission to the examination. 17,368
(E) The superintendent may waive the requirement of 17,370
examination in the case of an application from a nonresident real 17,371
estate broker of a state having similar requirements and under 17,372
the laws of which similar recognition is extended to licensed 17,373
real estate brokers and real estate salesmen SALESPERSONS of this 17,375
state.
(F) There shall be no limit placed on the number of times 17,377
an applicant may retake the examination. 17,378
(G) The superintendent in his THE SUPERINTENDENT'S 17,380
discretion may waive the requirement of examination if the 17,382
applicant has been licensed as a real estate broker by the 17,383
superintendent or commission at some time during the two-year 17,384
period immediately preceding the date of the current application. 17,385
(H)(1) Within twelve months from the date of issuance of 17,387
any real estate broker's license issued on or after January 1, 17,388
1990, the licensee successfully shall complete, at an institution 17,389
of higher education or any other institution that is approved by 17,390
the commission, ten hours of classroom instruction in real estate 17,391
brokerage. That instruction shall include, but not be limited 17,392
to, current issues in managing a real estate company or office. 17,393
Upon completion of the instruction, the licensee shall cause to 17,394
be filed with the superintendent a certificate from the 17,395
institution showing that he THE LICENSEE successfully has 17,396
completed the requirements of this division. 17,397
If the instruction is not successfully completed within 17,399
twelve months, the license of the real estate broker is suspended 17,400
automatically without the taking of any action by the commission. 17,401
The broker then shall have one year after the date of the 17,402
406
suspension of his THE BROKER'S license to successfully complete 17,403
the instruction required under this division, and his THE 17,405
BROKER'S license shall not be reinstated by the superintendent 17,406
until it is established, to the satisfaction of the 17,407
superintendent, that the requirements of this division have been 17,408
met.
(2) If the license of a real estate broker is suspended 17,410
pursuant to division (H)(1) of this section, the license of a 17,411
real estate salesman SALESPERSON associated with that broker 17,412
correspondingly is suspended pursuant to division (B) of section 17,414
4735.20 of the Revised Code. However, the suspended license of 17,415
the associated real estate salesman SALESPERSON shall be 17,416
reinstated REACTIVATED and no fee shall be charged or collected 17,418
for that reinstatement REACTIVATION if all of the following 17,420
occur:
(a) That broker subsequently submits satisfactory proof to 17,422
the superintendent that he THE BROKER has complied with the 17,423
requirements of division (H)(1) of this section and requests that 17,425
his THE BROKER'S license as a real estate broker be reinstated; 17,426
(b) The superintendent then reinstates his REACTIVATES THE 17,428
BROKER'S license as a real estate broker; 17,430
(c) The associated real estate salesman SALESPERSON 17,432
intends to continue to be associated with that broker and 17,433
otherwise is in compliance with this chapter. 17,434
Sec. 4735.09. (A) Application for a license as a real 17,444
estate salesman SALESPERSON shall be made in writing to the 17,445
superintendent of real estate on blanks FORMS furnished by the 17,446
superintendent and signed and sworn to by the applicant. The 17,449
application shall be in the form prescribed by the superintendent 17,450
and shall contain such information as is required by this chapter 17,451
and the rules of the Ohio real estate commission. The 17,452
application shall be accompanied by a recent photograph of the 17,453
applicant and the recommendation of the real estate broker with 17,454
whom he THE APPLICANT is associated or with whom he THE APPLICANT 17,455
407
intends to be associated, certifying that the applicant is 17,457
honest, truthful, and of good reputation, has not been convicted 17,458
of a felony or a crime involving moral turpitude, and has not 17,459
been finally adjudged by a court to have violated any municipal, 17,460
state, or federal civil rights laws relevant to the protection of 17,461
purchasers or sellers of real estate, which conviction or 17,462
adjudication the applicant has not disclosed to the 17,463
superintendent, and recommending that the applicant be admitted 17,464
to the examination for real estate salesman. 17,465
(B) A fee of forty-nine dollars shall accompany the 17,468
application, which fee shall include the license if it is issued. 17,469
The application fee shall be retained by the superintendent if 17,470
the applicant is admitted to the examination for the license or 17,471
the examination requirement is waived, but, if an applicant is 17,472
not so admitted and a waiver is not involved, one-half of the fee 17,473
shall be retained by the superintendent to cover the expenses of 17,474
processing the application and the other one-half shall be 17,475
returned to the applicant. A fee of forty-nine dollars shall be 17,477
charged by the superintendent for each successive application 17,478
made by the applicant. Four dollars of each fee shall be 17,480
credited to the real estate education and research fund. 17,481
(C) There shall be no limit placed on the number of times 17,483
an applicant may retake the examination. 17,484
(D) The superintendent, with the consent of the 17,486
commission, may enter into an agreement with a recognized 17,487
national testing service to administer the real estate salesman's 17,488
SALESPERSON'S examination under his THE SUPERINTENDENT'S 17,489
supervision and control, consistent with the requirements of this 17,491
chapter as to the contents of such examination.
If the superintendent, with the consent of the commission, 17,493
enters into an agreement with a national testing service to 17,494
administer the real estate salesman's SALESPERSON'S examination, 17,495
the superintendent may require an applicant to pay the TESTING 17,496
SERVICE'S examination fee directly to the testing service. If 17,498
408
the superintendent requires the payment of the examination fee 17,499
directly to the testing service, the fee which accompanies the 17,500
application to take the salesman's SALESPERSON'S examination 17,501
shall be reduced by the amount paid to the testing service. 17,502
(E) The superintendent shall issue a real estate 17,504
salesman's SALESPERSON'S license when satisfied that the 17,505
applicant has received a grade of seventy-five per cent or better 17,507
on the salesman's SALESPERSON'S examination, except that the 17,508
superintendent may waive the requirement of examination if the 17,509
applicant was licensed by the commission or superintendent at 17,510
some time within the two-year period immediately preceding the 17,511
date of the current application IN THE CASE OF AN APPLICATION 17,512
FROM A NONRESIDENT REAL ESTATE SALESPERSON OF A STATE HAVING 17,513
SIMILAR REQUIREMENTS AND UNDER THE LAWS OF WHICH SIMILAR
RECOGNITION IS EXTENDED TO REAL ESTATE BROKERS AND SALESPERSONS 17,514
OF THIS STATE.
(F) No person shall take the salesman's SALESPERSON'S 17,516
examination who has not established to the satisfaction of the 17,517
superintendent that he THE PERSON: 17,518
(1) Is honest, truthful, and of good reputation; 17,520
(2)(a) Has not been convicted of a felony or crime of 17,522
moral turpitude or, if he THE PERSON has been so convicted, the 17,523
superintendent has disregarded the conviction because the 17,524
applicant has proven to the superintendent, by a preponderance of 17,525
the evidence, that his THE APPLICANT'S activities and employment 17,526
record since the conviction show that he THE APPLICANT is honest, 17,528
truthful, and of good reputation, and there is no basis in fact 17,530
for believing that he THE APPLICANT again will violate the laws 17,531
involved;
(b) Has not been finally adjudged by a court to have 17,533
violated any municipal, state, or federal civil rights laws 17,534
relevant to the protection of purchasers or sellers of real 17,535
estate or, if he THE APPLICANT has been so adjudged, at least two 17,537
years have passed since the court decision and the superintendent 17,538
409
has disregarded the adjudication because the applicant has 17,539
proven, by a preponderance of the evidence, that he THE APPLICANT 17,540
is honest, truthful, and of good reputation, and there is no 17,541
basis in fact for believing that he THE APPLICANT again will 17,543
violate the laws involved.
(3) Has not, during any period in which he THE PERSON was 17,545
licensed under this chapter, violated any provision of, or any 17,546
rule adopted pursuant to this chapter, or, if he THE PERSON has 17,547
violated such provision or rule, has established to the 17,548
satisfaction of the superintendent that he THE PERSON will not 17,549
again violate such provision or rule; 17,550
(4) Is at least eighteen years of age; 17,552
(5) If born after the year 1950, has a high school diploma 17,554
or its equivalent as recognized by the state department of 17,555
education; 17,556
(6)(a) Has successfully completed at an institution of 17,558
higher education all of the following: 17,559
(i) Thirty hours of classroom instruction in real estate 17,561
practice; 17,562
(ii) Thirty hours of classroom instruction that includes 17,564
the subjects of Ohio real estate law, municipal, state, and 17,565
federal civil rights law, new case law on housing discrimination, 17,566
desegregation issues, and methods of eliminating the effects of 17,567
prior discrimination. If feasible, the classroom instruction in 17,568
Ohio real estate law shall be taught by a member of the faculty 17,569
of an accredited law school. If feasible, the classroom 17,570
instruction in municipal, state, and federal civil rights law, 17,571
new case law on housing discrimination, desegregation issues, and 17,572
methods of eliminating the effects of prior discrimination shall 17,573
be taught by a staff member of the Ohio civil rights commission 17,574
who is knowledgeable with respect to those subjects. The 17,575
requirements of this division do not apply to an applicant who is 17,576
admitted to practice before the supreme court. 17,577
(iii) Thirty hours of classroom instruction in real estate 17,579
410
appraisal; 17,580
(iv) Thirty hours of classroom instruction in real estate 17,582
finance. 17,583
(b) Any person who has not been licensed as a real estate 17,585
salesman SALESPERSON or broker within a four-year period 17,586
immediately preceding his THE PERSON'S current application for 17,587
the salesman's SALESPERSON'S examination shall have successfully 17,588
completed the classroom instruction required by division 17,590
(F)(6)(a) of this section within a ten-year period immediately 17,591
preceding his THE PERSON'S current application for the salesman's 17,592
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 17,594
real estate salesman's license issued on or after January 4, 17,596
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 17,598
issued on or after January 1, 1987, and prior to January 4, 1988, 17,599
the licensee shall submit proof of successful completion, at an 17,600
institution of higher education, of thirty hours of classroom 17,601
instruction in both real estate appraisal and real estate 17,602
finance. Within twelve months from the date of issuance of any 17,603
real estate saleman's license issued on or after January 1, 1990 17,605
THE INITIAL CONTINUING EDUCATION CYCLE AS ESTABLISHED IN THE 17,606
SCHEDULE FOR EACH LICENSEE IN DIVISION (A) OF SECTION 4735.141 OF 17,607
THE REVISED CODE, the licensee shall submit proof of successful 17,608
completion, at an institution of higher education or any other 17,609
institution approved by the commission, of ten hours of classroom 17,610
instruction in real estate courses that cover current issues 17,611
regarding consumers, real estate practice, ethics, and real 17,612
estate law. Upon completion of the instruction, the licensee 17,613
shall cause to have filed with the superintendent a certificate 17,614
from the institution showing that he THE LICENSEE successfully 17,615
has completed the requirements of this division. If proof of 17,617
successful completion of the required instruction is not 17,618
submitted within the time period prescribed by this division, his 17,619
411
THE LICENSEE'S license is suspended automatically without the 17,620
taking of any action by the commission. The superintendent 17,621
immediately shall notify the broker with whom such salesman 17,622
SALESPERSON is associated of the suspension of his THE 17,623
SALESPERSON'S license. A salesman SALESPERSON whose license has 17,625
been suspended under this division shall have one year after the
date of the suspension of the SALESPERSON'S license to submit 17,626
proof of successful completion of the instruction required under 17,628
this division. No such license shall be reinstated REISSUED by 17,629
the superintendent until it is established, to the satisfaction 17,631
of the superintendent, that the requirements of this division 17,632
have been met. 17,633
(H) Examinations shall be given entirely in writing, 17,635
except that they shall be administered orally or in braille to 17,636
the blind, as defined in section 5109.15 of the Revised Code, or 17,637
orally to an individual whose physical disability, as supported 17,638
by a physician's statement, renders it impossible to take a 17,639
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 17,640
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 17,642
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 17,643
examination shall be consistent with the classroom instructional 17,645
requirements of division (F)(6)(a) of this section. All persons 17,646
whose applications are pending shall be notified by mail at least 17,647
sixty days prior to such examination, except that an applicant 17,648
who has completed the classroom instructional requirements of 17,649
division (F)(6)(a) of this section at the time of application may 17,650
be examined at the next regularly scheduled examination after he 17,651
THE APPLICANT is notified of his THE APPLICANT'S admission to the 17,653
examination. Nothing in this section shall be construed to 17,655
prevent an applicant from completing, in the discretion of the 17,656
superintendent, the classroom instructional requirements of 17,657
division (F)(6)(a) of this section concurrently with the 17,658
processing of his THE APPLICANT'S application for examination. 17,659
Sec. 4735.14. (A) Each license issued under this chapter, 17,669
412
shall be valid without further recommendation or examination 17,670
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 17,672
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 17,675
OR SALESPERSON shall file, on or before the date the Ohio real 17,677
estate commission has adopted by rule for that licensee in 17,678
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 17,679
prescribed by the superintendent of real estate listing all real 17,680
estate salespersons. The certificate of continuation in business 17,682
shall be mailed by the superintendent to the licensee's place of 17,683
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 17,684
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 17,685
deadline.
(C) The license of any real estate broker, BROKERAGE, or 17,688
salesperson who THAT fails to file a certificate of continuation 17,689
prior to ON OR BEFORE the filing deadline of each ensuing year 17,691
shall be revoked, unless the superintendent, for good cause 17,692
shown, determines that the certificate of continuation could not 17,693
have been filed by the filing deadline, but is filed within 17,694
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 17,695
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 17,696
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 17,697
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 17,698
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 17,699
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 17,700
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 17,701
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 17,702
Sec. 4735.141. (A) Except as otherwise provided in this 17,712
division, on or before January 31, 1983, and on or before the 17,713
thirty-first day of January of every third year thereafter, each 17,714
licensee who was licensed by the state prior to January 1, 1980, 17,715
as a real estate broker or salesperson shall submit proof 17,716
413
satisfactory to the superintendent of real estate that the 17,717
licensee has satisfactorily completed, during the preceding three 17,718
years, thirty classroom hours of continuing education as 17,719
prescribed by the Ohio real estate commission pursuant to section 17,720
4735.10 of the Revised Code. Persons licensed as real estate 17,721
salespersons within the state on or after January 1, 1980, shall 17,722
submit the proof to the superintendent on or before the last day 17,723
of the month of the third year directly following the filing of 17,724
the certificate prescribed in division (G) of section 4735.09 of 17,725
the Revised Code, and every third year thereafter. Persons ALL 17,726
CONTINUING EDUCATION REQUIRED TO BE COMPLETED AND SUBMITTED TO 17,727
THE DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING ON OR 17,728
AFTER JANUARY 1, 1999, SHALL BE REPORTED IN ACCORDANCE WITH THE 17,729
FOLLOWING SCHEDULE.
(1) ALL CONTINUING EDUCATION DUE IN THE YEAR 1999, SHALL 17,731
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 17,732
RENEWAL DATE IN THE YEAR 2000, AND ON THE SAME DATE EVERY THREE 17,733
YEARS THEREAFTER.
(2) ALL CONTINUING EDUCATION DUE IN THE YEAR 2000, SHALL 17,735
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 17,736
RENEWAL DATE IN THE YEAR 2001, AND ON THE SAME DATE EVERY THREE 17,737
YEARS THEREAFTER.
(3) ALL CONTINUING EDUCATION DUE IN THE YEAR 2001, SHALL 17,739
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 17,740
RENEWAL DATE IN THE YEAR 2002, AND ON THE SAME DATE EVERY THREE 17,741
YEARS THEREAFTER.
(4) ALL PERSONS LICENSED AS REAL ESTATE SALESPERSONS ON OR 17,743
AFTER JANUARY 1, 1999, SHALL BE REQUIRED TO COMPLETE AND SUBMIT 17,744
TO THE DIVISION THIRTY HOURS OF CONTINUING REAL ESTATE EDUCATION 17,745
IN ADDITION TO THE TEN-HOUR SALES POST LICENSURE COURSE, AS 17,746
REQUIRED PURSUANT TO DIVISION (G) OF SECTION 4735.09 OF THE 17,747
REVISED CODE, ON OR BEFORE THE THIRD ANNIVERSARY OF THEIR INITIAL 17,748
RENEWAL DATE. SUBSEQUENT CONTINUING REAL ESTATE CONTINUING
EDUCATION OF THIRTY HOURS REQUIRED PURSUANT TO THIS SECTION SHALL 17,749
414
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 17,750
RENEWAL DATE EVERY THREE YEARS THEREAFTER. 17,751
(5) ALL PERSONS WHOSE LICENSE IS REISSUED PURSUANT TO 17,753
DIVISION (D) OF THIS SECTION SHALL COMPLETE AND SUBMIT THIRTY 17,754
HOURS OF CONTINUING REAL ESTATE EDUCATION TO THE DIVISION ON OR 17,755
BEFORE THE THIRD ANNIVERSARY OF THEIR LICENSE RENEWAL DATE. 17,756
(B) PERSONS licensed as real estate salespersons who 17,759
subsequently become licensed real estate brokers, shall continue 17,760
to submit proof of continuing education on IN ACCORDANCE WITH the 17,761
schedule established when they were licensed real estate 17,763
salespersons. The IN DIVISION (A) OF THIS SECTION. 17,764
THE requirements of this section shall not apply to persons 17,767
licensed under section 4735.091 of the Revised Code or to any 17,768
physically handicapped licensee as provided in division (E) of
this section. 17,769
Each licensee who is seventy years of age or older on the 17,771
effective date of this amendment, and each licensee who will be 17,773
seventy years of age or older within three years after the 17,774
effective date of this amendment JUNE 14, 1999, shall submit 17,775
proof satisfactory to the superintendent OF REAL ESATE that the 17,776
licensee has satisfactorily completed during the three-year 17,778
period commencing on the effective date of this amendment, and 17,779
every three-year period thereafter, a total of nine classroom 17,781
hours of continuing education, including instruction in Ohio real 17,782
estate law; recently enacted state and federal laws affecting the 17,783
real estate industry; municipal, state, and federal civil rights 17,785
law; and canons of ethics for the real estate industry as adopted 17,786
by the commission IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN
DIVISION (A) OF THIS SECTION. The commission shall adopt 17,787
reasonable rules in accordance with Chapter 119. of the Revised 17,789
Code to carry out the purposes of this paragraph. 17,790
A person providing any course of continuing education may 17,792
administer examinations to licensees for the purpose of 17,793
evaluating the effectiveness of the course, but passage of an 17,794
415
examination by a licensee shall not be a condition for successful 17,795
completion of the continuing education requirements of this 17,796
section. 17,797
(B)(C) The continuing education requirements of this 17,799
section shall be completed in schools, seminars, and educational 17,800
institutions approved by the commission. Such approval shall be 17,801
given according to rules established by the commission under the 17,802
procedures of Chapter 119. of the Revised Code, and shall not be 17,803
limited to institutions providing two-year or four-year degrees. 17,804
Each school, seminar, or educational institution approved under 17,805
this division shall be open to all licensees on an equal basis. 17,806
(C)(D) If the requirements of this section are not met by 17,808
a licensee within the period specified, the licensee's license 17,809
shall be suspended automatically without the taking of any action 17,810
by the superintendent. The superintendent shall notify the 17,811
licensee of the license suspension. Any license so suspended 17,812
shall remain suspended until it is reinstated REISSUED by the 17,813
superintendent. No such license shall be reinstated REISSUED 17,815
until it is established, to the satisfaction of the 17,817
superintendent, that the requirements of this section have been 17,818
met. If the requirements of this section are not met within two 17,819
years ONE YEAR from the date the license was suspended, the 17,821
license shall be revoked automatically without the taking of any 17,822
action by the commission. A person whose license has been 17,823
revoked and whose revoked license was issued prior to January 1, 17,824
1980, may have the person's license reinstated REISSUED by the 17,825
superintendent at any time after it has been revoked upon 17,826
submitting proof satisfactory to the superintendent that the 17,827
person has satisfactorily completed during the period since the 17,828
revocation of the person's license thirty classroom hours of 17,829
continuing education as prescribed by the commission pursuant to 17,830
section 4735.10 of the Revised Code. Upon reinstatement 17,831
REISSUANCE of the person's license, the licensee shall comply 17,833
with the educational requirements of division (A)(5) of this 17,834
416
section.
(D)(E) If the license of a real estate broker is suspended 17,836
pursuant to division (C)(D) of this section, the license of a 17,837
real estate salesperson associated with that broker 17,839
correspondingly is suspended pursuant to division (B) of section 17,841
4735.20 of the Revised Code. However, the suspended license of 17,842
the associated real estate salesperson shall be reinstated 17,843
REISSUED and no fee shall be charged or collected for that 17,845
reinstatement REISSUANCE if all of the following occur: 17,847
(1) That broker subsequently submits proof to the 17,849
superintendent that the broker has complied with the requirements 17,850
of this section and requests that the broker's license as a real 17,851
estate broker be reinstated; REISSUED. 17,852
(2) The superintendent then reinstates REISSUES the 17,854
broker's license as a real estate broker;. 17,856
(3) The associated real estate salesperson intends to 17,858
continue to be associated with that broker, has complied with the 17,859
requirements of this section, and otherwise is in compliance with 17,860
this chapter. 17,861
(E)(F) Any licensee who is a physically handicapped 17,863
licensee at any time during the last three months of the third 17,864
year of the licensee's continuing education reporting period may 17,865
receive an extension of time to submit proof to the 17,866
superintendent that the licensee has satisfactorily completed the 17,867
required thirty hours of continuing education. To receive an 17,868
extension of time, the licensee shall submit a request to the 17,869
division of real estate for the extension and proof satisfactory 17,870
to the commission that the licensee was a physically handicapped 17,871
licensee at some time during the last three months of the 17,872
three-year reporting period. The proof shall include, but is not 17,873
limited to, a signed statement by the licensee's attending
physician describing the physical disability, certifying that the 17,874
licensee's disability is of such a nature as to prevent the 17,875
licensee from attending any classroom instruction lasting at 17,876
417
least three hours in duration, and stating the expected duration 17,877
of the physical disability. The licensee shall request the 17,878
extension and provide the physician's statement to the division 17,879
no later than one month prior to the end of the licensee's 17,880
three-year continuing education reporting period, unless the 17,881
physical disability did not arise until the last month of the 17,882
three-year reporting period, in which event the licensee shall 17,883
request the extension and provide the physician's statement as 17,884
soon as practical after the occurrence of the physical 17,885
disability. A licensee granted an extension pursuant to this 17,886
division who is no longer a physically handicapped licensee and 17,887
who submits proof of completion of the continuing education 17,888
during the extension period, shall submit, for future continuing 17,889
education reporting periods, proof of completion of the 17,890
continuing education requirements according to the schedule 17,891
established in division (A) of this section.
Sec. 4736.12. (A) The state board of sanitarian 17,900
registration shall charge the following fees: 17,901
(1) To apply as a sanitarian-in-training, forty-five 17,903
FIFTY-FIVE dollars; 17,904
(2) For sanitarians-in-training to apply for registration 17,906
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 17,907
shall pay this fee only once regardless of the number of times 17,909
the applicant takes an examination required under section 4736.08 17,910
of the Revised Code.
(3) For persons other than sanitarians-in-training to 17,912
apply for registration as sanitarians, including persons meeting 17,913
the requirements of section 4736.16 of the Revised Code, ninety 17,914
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 17,916
once regardless of the number of times the applicant takes an 17,917
examination required under section 4736.08 of the Revised Code. 17,918
(4) The renewal fee for registered sanitarians shall be 17,920
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 17,921
dollars and fifty cents. 17,923
418
(5) The renewal fee for sanitarians-in-training shall be 17,925
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 17,926
dollars and fifty cents. 17,928
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 17,930
The board of sanitarian registration, with the approval of 17,932
the controlling board, may establish fees in excess of the 17,933
amounts provided in this section, provided that such fees do not 17,934
exceed the amounts permitted by this section by more than fifty 17,935
per cent. 17,936
(B) The board of sanitarian registration shall charge 17,938
separate fees for examinations as required by section 4736.08 of 17,939
the Revised Code, provided that the fees are not in excess of the 17,940
actual cost to the board of conducting the examinations. 17,941
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 17,943
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 17,944
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 17,946
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 17,947
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 17,948
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 17,950
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 17,951
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 17,952
Sec. 4741.17. (A) Applicants or registrants shall pay to 17,961
the state veterinary medical licensing board: 17,962
(1) For an initial VETERINARY license based on 17,964
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 17,965
even-numbered year, three hundred seventy-five dollars, and ON OR 17,967
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 17,968
fifty dollars; 17,969
(2) For a VETERINARY license by reciprocity issued ON OR 17,971
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 17,973
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 17,974
MARCH in an odd-numbered year, three hundred dollars; 17,975
(3) For a VETERINARY temporary permit, one hundred 17,977
419
dollars;
(4) For a duplicate license, thirty-five dollars; 17,979
(5) For the VETERINARY biennial renewal fee, where the 17,981
application is postmarked no later than the first day of March, 17,982
one hundred twenty-five FIFTY-FIVE dollars; where the application 17,983
is postmarked after the first day of March, but no later than the 17,986
first day of April, one TWO hundred seventy-five TWENTY-FIVE 17,987
dollars; and where the application is postmarked after the first 17,990
day of April, two FOUR hundred twenty-five FIFTY dollars; 17,992
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 17,994
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 17,995
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 17,996
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 17,997
(7) For the biennial RENEWAL registration fee of a 17,999
registered veterinary technician, where the application is 18,001
postmarked no later than the first day of March, twenty-five 18,002
THIRTY-FIVE dollars; where the application is postmarked after 18,005
the first day of March, but no later than the first day of April, 18,006
thirty FORTY-FIVE dollars; and where the application is 18,008
postmarked after the first day of April, thirty-five SIXTY 18,009
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 18,011
certificate is not subject to renewal. 18,012
(8)(9) For the reinstatement of a suspended license, 18,014
seventy-five dollars; 18,016
(9)(10) For examinations offered by the board, a fee, 18,018
which shall be established by the board, in an amount adequate to 18,020
cover the expense of procuring, administering, and scoring 18,021
examinations.
(B) The board, subject to the approval of the controlling 18,023
board, may establish fees in excess of the amounts provided in 18,024
this section, provided that the fees do not exceed the amounts 18,025
permitted by this section by more than fifty per cent. 18,026
(C) For the purposes of divisions (A)(5) and (6)(7) of 18,028
420
this section, a date stamp of the office of the board may serve 18,029
in lieu of a postmark. 18,030
Sec. 4741.19. (A) Unless exempted under this chapter, no 18,039
person shall practice veterinary medicine, or any of its 18,040
branches, without a license issued by the board pursuant to 18,041
sections 4741.11 to 4741.13 of the Revised Code, a temporary 18,042
permit issued pursuant to section 4741.14 of the Revised Code, or 18,043
a registration certificate issued pursuant to division (C) of 18,044
this section, or with an inactive, expired, suspended, 18,045
terminated, or revoked license, temporary permit, or 18,046
registration. 18,047
(B) No veterinary student extern shall: 18,049
(1) Perform or assist surgery unless under the direct 18,051
supervision of a licensed veterinarian and unless the extern has 18,052
had the minimum education and experience prescribed by rule of 18,053
the board; 18,054
(2) Engage in any other work related to the practice of 18,056
veterinary medicine unless under the direct supervision of a 18,057
licensed veterinarian; 18,058
(3) Participate in the operation of a branch office, 18,060
clinic, or allied establishment unless a licensed veterinarian is 18,061
present on the establishment premises. 18,062
(C) No person shall act as a registered veterinary 18,064
technician unless he THE PERSON is registered with the board on a 18,066
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 18,067
on the first day of March in the odd-numbered years, and may be 18,068
renewed in accordance with the standard renewal procedures 18,069
contained in Chapter 4745. of the Revised Code upon payment of 18,070
the biennial registration fee and fulfillment of ten continuing 18,071
education hours during the two years immediately preceding 18,072
renewal for registration. Each registered veterinary technician 18,073
shall notify in writing, the secretary of the board of any change 18,074
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 18,076
421
employment within ninety days after the change has taken place. 18,077
A registered veterinary technician operating under the 18,079
supervision of a licensed veterinarian may perform the following 18,080
duties: 18,081
(1) Prepare or supervise the preparation of patients, 18,083
instruments, equipment, and medications for surgery; 18,084
(2) Induce and monitor general anesthesia according to 18,086
medically recognized and appropriate methods; 18,087
(3) Collect or supervise the collection of specimens and 18,089
perform laboratory procedures as required by the supervising 18,090
veterinarian; 18,091
(4) Apply wound dressings, casts, or splints as required 18,093
by the supervising veterinarian; 18,094
(5) Assist a veterinarian in immunologic, diagnostic, 18,096
medical, and surgical procedures; 18,097
(6) Suture skin incisions; 18,099
(7) Dental prophylaxis; 18,101
(8) Administer or supervise the administration of topical, 18,103
oral, or parenteral medication under the direction of the 18,104
supervising veterinarian; 18,105
(9) Other ancillary veterinary technician functions that 18,107
are performed pursuant to the order and control and under the 18,108
full responsibility of a licensed veterinarian. 18,109
The degree of supervision by a licensed veterinarian over 18,111
the functions performed by the registered veterinary technician 18,112
shall be consistent with the standards of generally accepted 18,113
veterinary medical practices. 18,114
(D) A veterinarian licensed to practice in this state 18,116
shall not hold himself ONESELF out as a specialist unless he THE 18,119
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 18,120
requirements set by rule of the board and has paid the fee 18,121
required by division (A)(7)(8) of section 4741.17 of the Revised 18,122
Code.
422
(E) Notwithstanding division (A) of this section, any 18,124
animal owner or his THE OWNER'S designee may engage in the 18,125
practice of embryo transfer on the owner's animal if a licensed 18,126
veterinarian directly supervises the owner or his THE OWNER'S 18,127
designee and the means used to perform the embryo transfer are 18,128
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 18,137
licensing board shall issue to each applicant, within sixty days 18,138
of receipt of a properly completed application and payment of two 18,139
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 18,140
if the applicant, if an individual: 18,141
(1) Is at least eighteen years of age; 18,143
(2) Is a person of good moral character; 18,145
(3) Is free of contagious or infectious disease; 18,147
(4) Has successfully passed a qualifying examination 18,149
specified and administered by the board. 18,150
(B) If the applicant is a firm, partnership, association, 18,152
or corporation, the application, in addition to such information 18,153
as the board requires, shall be accompanied by an application for 18,154
a license for each person, whether owner or employee, of the 18,155
firm, partnership, association, or corporation, who engages in 18,156
dealing in or fitting of hearing aids, or shall contain a 18,157
statement that such applications are submitted separately. No 18,158
firm, partnership, association, or corporation licensed pursuant 18,159
to this chapter shall permit any unlicensed person to sell or fit 18,160
hearing aids. 18,161
(C) Each license issued expires on the thirtieth day of 18,163
January of the year following that in which it was issued. 18,164
Sec. 4747.06. (A) Each person engaged in the practice of 18,173
dealing in or fitting of hearing aids who holds a valid hearing 18,174
aid dealer's or fitter's license shall apply annually to the 18,175
hearing aid dealers and fitters licensing board for renewal of 18,176
such license under the standard renewal procedure specified in 18,177
Chapter 4745. of the Revised Code. The board shall issue to each 18,178
423
applicant, on proof of completion of the continuing education 18,179
required by division (B) of this section and payment of one 18,180
hundred twenty-five FIFTY dollars on or before the first day of 18,182
February, one hundred fifty SEVENTY-FIVE dollars on or before the 18,183
first day of March, or one TWO hundred seventy-five dollars 18,184
thereafter, a renewed hearing aid dealer's or fitter's license. 18,185
No person who applies for renewal of a hearing aid dealer's or 18,186
fitter's license that has expired shall be required to take any 18,187
examination as a condition of renewal provided application for 18,188
renewal is made within two years of the date such license 18,189
expired.
(B) Each person engaged in the practice of dealing in or 18,192
fitting of hearing aids who holds a valid hearing aid dealer's or 18,193
fitter's license shall complete each year not less than ten hours 18,194
of continuing professional education approved by the board. On a 18,196
form provided by the board, the person shall certify to the 18,198
board, at the time of license renewal pursuant to division (A) of 18,199
this section, that in the preceding year the person has completed 18,200
continuing education in compliance with this division and shall 18,201
submit any additional information required by rule of the board 18,203
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 18,206
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 18,207
Continuing education may be applied to meet the requirement 18,210
of this division if it is provided or certified by any of the 18,211
following:
(1) The national institute of hearing instruments studies 18,213
committee of the international hearing society; 18,214
(2) The American speech-language hearing association; 18,217
(3) The American academy of audiology. 18,219
The board may excuse persons licensed under this chapter, 18,222
as a group or as individuals, from all or any part of the 18,223
requirements of this division because of an unusual circumstance,
424
emergency, or special hardship. 18,224
Sec. 4747.07. Each person who holds a hearing aid dealer's 18,233
or fitter's license and engages in the practice of dealing in and 18,235
fitting of hearing aids shall display such license in a 18,236
conspicuous place in his THE PERSON'S office or place of business 18,237
at all times. Each person who maintains more than one office or 18,238
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 18,239
board shall issue duplicate copies of a license upon receipt of a 18,241
properly completed application and payment of ten FIFTEEN dollars 18,242
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 18,251
become a licensed hearing aid dealer or fitter shall apply to the 18,252
hearing aid dealers and fitters licensing board for a hearing aid 18,253
dealer's and fitter's trainee permit. The board shall issue to 18,254
each applicant within thirty days of receipt of a properly 18,255
completed application and payment of seventy-five ONE HUNDRED 18,256
dollars, a trainee permit if such applicant is: 18,257
(A) At least eighteen years of age; 18,259
(B) The holder of a diploma from an accredited high 18,261
school, or possesses an equivalent education; 18,262
(C) A person of good moral character; 18,264
(D) Free of contagious or infectious disease. 18,266
Each trainee permit issued by the board expires one year 18,268
from the date it was first issued, and may be renewed once if the 18,269
trainee has not successfully completed the qualifying 18,270
requirements for licensing as a hearing aid dealer or fitter 18,271
before the expiration date of such permit. The board shall issue 18,272
a renewed permit to each applicant upon receipt of a properly 18,273
completed application and payment of seventy-five ONE HUNDRED 18,274
dollars. No person holding a trainee permit shall engage in the 18,275
practice of dealing in or fitting of hearing aids except while 18,276
under supervision by a licensed hearing aid dealer or fitter. 18,277
Sec. 4747.13. (A) Any person who wishes to make a 18,286
425
complaint against any person, firm, partnership, association, or 18,287
corporation licensed pursuant to this chapter shall submit such 18,288
complaint in writing to the hearing aid dealers and fitters 18,289
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 18,290
and fitters board shall determine whether the charges in the 18,291
complaint are of a sufficiently serious nature to warrant a 18,292
hearing before the board to determine whether the license or 18,293
permit held by the person complained against shall be revoked or 18,294
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 18,295
or cause to have delivered, either in person or by registered 18,296
mail, at least twenty days before the date of such hearing, an 18,297
order instructing the licensee complained against of the date, 18,298
time, and place where he THE LICENSEE shall appear before the 18,299
board. Such order shall include a copy of the complaint against 18,300
the licensee.
The board, and the licensee after receipt of the order and 18,302
a copy of the complaint made against him THE LICENSEE, may take 18,303
depositions in advance of the hearing, provided that each party 18,305
taking depositions shall give at least five days notice to the 18,306
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 18,307
counsel the taking of such depositions and may cross-examine the 18,308
deponent or deponents. Each licensee appearing before the board 18,309
may be represented by counsel. No person shall have his THE 18,310
PERSON'S license or permit revoked or suspended without an 18,311
opportunity to present his THE PERSON'S case at a hearing before 18,312
the board, and the board shall grant a continuance or adjournment 18,314
of a hearing date for good cause. Each person whose license or 18,315
permit is suspended or revoked by the board may appeal such 18,316
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 18,318
the county in which a person, firm, partnership, or corporation 18,319
426
on or after January 1, 1970, engages in the sale, practice of 18,321
dealing in or fitting of hearing aids, advertises or assumes such 18,322
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 18,323
enjoining any such acts or practices. The court may grant such 18,324
injunctive relief upon a showing that the respondent named in the 18,325
petition is engaging in such acts or practices without being 18,326
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 18,327
Sec. 4759.05. The Ohio board of dietetics shall: 18,336
(A) Adopt, amend, or rescind rules pursuant to Chapter 18,338
119. of the Revised Code to carry out the provisions of this 18,339
chapter, including rules governing the following: 18,340
(1) Selection and approval of a dietitian licensure 18,342
examination offered by the commission on dietetic registration or 18,343
any other examination; 18,344
(2) The examination of applicants for licensure as a 18,346
dietitian, to be held at least twice annually, as required under 18,347
division (A) of section 4759.06 of the Revised Code; 18,348
(3) Requirements for pre-professional dietetic experience 18,350
of applicants for licensure as a dietitian that are at least 18,351
equivalent to the requirements adopted by the commission on 18,352
dietetic registration; 18,353
(4) Requirements for a person holding a limited permit 18,355
under division (F) of section 4759.06 of the Revised Code and, 18,356
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 18,357
(5) REQUIREMENTS FOR a licensed dietitian who places his A 18,360
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 18,361
status to active status; 18,362
(5)(6) Continuing education requirements for renewal of a 18,364
license, except that the board may adopt rules to waive the 18,365
requirements for a person who is unable to meet the requirements 18,366
due to illness or other reasons. Rules adopted under this 18,367
division shall be consistent with the continuing education 18,368
427
requirements adopted by the commission on dietetic registration. 18,369
(6)(7) Any additional education requirements the board 18,371
considers necessary, for applicants who have not practiced 18,372
dietetics within five years of the initial date of application 18,373
for licensure; 18,374
(7)(8) Standards of professional responsibility and 18,376
practice for persons licensed under this chapter that are 18,377
consistent with those standards of professional responsibility 18,378
and practice adopted by the American dietetic association; 18,379
(8)(9) Formulation of a written application form for 18,381
licensure or license renewal that includes the statement that any 18,382
applicant who knowingly makes a false statement on the 18,383
application is guilty of a misdemeanor of the first degree under 18,384
section 2921.13 of the Revised Code; 18,385
(9)(10) Procedures for license renewal; 18,387
(10)(11) Establishing a time period after the notification 18,389
of a violation of section 4759.02 of the Revised Code, by which 18,390
the person notified must request a hearing by the board under 18,391
section 4759.09 of the Revised Code. 18,392
(B) Investigate alleged violations of section 4759.02 to 18,394
4759.10 of the Revised Code. In making its investigations, the 18,395
board may issue subpoenas, examine witnesses, and administer 18,396
oaths. 18,397
(C) Adopt a seal; 18,399
(D) Conduct meetings and keep records as are necessary to 18,401
carry out the provisions of this chapter; 18,402
(E) Publish, and make available to the public, upon 18,404
request and for a fee not to exceed the actual cost of printing 18,405
and mailing, the board's rules and requirements for licensure 18,406
adopted under division (A) of this section and a record of all 18,407
persons licensed under section 4759.06 of the Revised Code. 18,408
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 18,417
or renew a license to practice dietetics to an applicant who: 18,418
(1) Has satisfactorily completed an application for 18,420
428
licensure in accordance with division (A) of section 4759.05 of 18,421
the Revised Code; 18,422
(2) Has paid the fee required under division (A) of 18,424
section 4759.08 of the Revised Code; 18,425
(3) Is a resident of the state or performs or plans to 18,427
perform dietetic services within the state; 18,428
(4) Is of good moral character; 18,430
(5) Has received a baccalaureate or higher degree from an 18,432
institution of higher education that is approved by the board or 18,433
a regional accreditation agency that is recognized by the council 18,434
on postsecondary accreditation, and has completed a program 18,435
consistent with the academic standards for dietitians established 18,436
by the American dietetic association; 18,437
(6) Has successfully completed a pre-professional dietetic 18,439
experience approved by the American dietetic association, or 18,440
experience approved by the board under division (A)(3) of section 18,441
4759.05 of the Revised Code; 18,442
(7) Has passed the examination approved by the board under 18,444
division (A)(1) of section 4759.05 of the Revised Code; 18,445
(8) Is an applicant for renewal of a license, and has 18,447
fulfilled the continuing education requirements adopted under 18,448
division (A)(5)(6) of section 4759.05 of the Revised Code. 18,449
(B) The board shall waive the requirements of divisions 18,451
(A)(5), (6), and (7) of this section and any rules adopted under 18,452
division (A)(6)(7) of section 4759.05 of the Revised Code if the 18,454
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 18,455
dietetic registration. 18,456
(C) The board shall waive the requirements of division 18,458
(A)(7) of this section if the application for renewal is made 18,459
within two years after the date of license expiration. 18,460
(D) The board may waive the requirements of division 18,462
(A)(5), (6), or (7) of this section or any rules adopted under 18,463
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 18,465
429
applicant presents satisfactory evidence of education, 18,466
experience, or passing an examination in another state or a 18,467
foreign country, that the board considers the equivalent of the 18,468
requirements stated in those divisions or rules. 18,469
(E) The board shall issue an initial license to practice 18,471
dietetics to an applicant who meets the requirements of division 18,472
(A) of this section. An initial license shall be valid from the 18,473
date of issuance through the thirtieth day of June following 18,474
issuance of the license. Each subsequent license shall be valid 18,475
from the first day of July through the thirtieth day of June. The 18,477
board shall renew the license of an applicant who is licensed to 18,478
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 18,479
Revised Code. The renewal shall be pursuant to the standard 18,481
renewal procedure of sections 4745.01 to 4745.03 of the Revised 18,482
Code.
(F) The board may grant a limited permit to a person who 18,484
has completed the education and pre-professional requirements of 18,485
divisions (A)(5) and (6) of this section and who presents 18,486
evidence to the board of his application HAVING APPLIED to take 18,487
the examination approved by the board under division (A)(1) of 18,488
section 4759.05 of the Revised Code. The permit may be renewed 18,489
one time if the applicant has failed the examination and has 18,490
applied to take the next available examination. The permit and 18,491
renewal permit shall expire thirty days after the appropriate 18,492
examination results are made public. A person holding a limited 18,493
permit who has failed the examination shall practice only under 18,494
the direct supervision of a licensed dietitian. 18,495
(G) A licensed dietitian may place his THE license in 18,497
inactive status. 18,498
Sec. 4766.02. (A) There is hereby created the Ohio 18,507
ambulance licensing board, consisting of five voting members and 18,508
one nonvoting member who shall be residents of this state and 18,509
appointed by the governor with the advice and consent of the 18,510
430
senate. Except as provided in division (B) of this section, 18,511
members shall serve terms of two years. One voting member shall 18,512
be a member of the Ohio ambulance association; two voting 18,513
members, one of whom shall be a licensed funeral director, shall 18,514
be owners or operators of private emergency medical service 18,515
organizations operating in this state; one voting member shall be 18,516
a consumer of emergency medical services who is not associated 18,517
with any public or private emergency medical service 18,518
organization; and one voting member shall be an official with a 18,519
public emergency medical service organization. A physician who 18,520
holds a certificate to practice issued under Chapter 4731. of the 18,521
Revised Code who is a member of the American college of emergency 18,522
physicians shall serve as the nonvoting member. The board shall 18,523
annually select from its membership a chair and a vice-chair to 18,525
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 18,527
appointed for terms of one year and three for terms of two years. 18,528
Any member appointed to fill a vacancy occurring prior to the 18,529
expiration date of the term for which the member's predecessor 18,530
was appointed shall hold office for the remainder of that term. 18,531
Every member shall continue in office subsequent to the 18,532
expiration date of the member's term until the member's successor 18,534
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 18,535
(C) Three voting members shall constitute a quorum for the 18,537
transaction of business, and the affirmative vote of three 18,538
members is required for the board to take any official action. 18,539
The board, after notice and hearing, may remove a member by 18,540
majority vote for malfeasance, misfeasance, or nonfeasance. 18,541
Members of the board shall be reimbursed for actual and 18,543
necessary expenses incurred in attending meetings of the board 18,544
and in the performance of their official duties. The board may 18,545
hire such employees as are necessary to enable it to execute its 18,546
duties. 18,547
431
(D) The division of emergency medical services within the 18,549
department of public safety shall provide the board with office 18,550
space at no cost, but the board shall not be a part of the 18,551
division or the department. 18,552
(E) The board is the sole supervisory body regarding the 18,554
licensing of private ambulance service organizations in this 18,555
state.
Sec. 4766.04. (A) Except as otherwise provided in this 18,564
chapter, no person shall furnish, operate, conduct, maintain, 18,565
advertise, engage in, or propose or profess to engage in the 18,566
business or service of transporting persons who are seriously 18,567
ill, injured, or otherwise incapacitated in this state unless the 18,568
person is licensed pursuant to this section. 18,570
(B) To qualify for a license as a basic life-support, 18,572
intermediate life-support, or advanced life-support service 18,573
organization, an emergency medical service organization shall do 18,575
all of the following:
(1) Apply for a permit for each ambulance and nontransport 18,577
vehicle owned or leased as provided in section 4766.07 of the 18,579
Revised Code; 18,580
(2) Meet all requirements established in rules adopted by 18,583
the Ohio ambulance licensing board regarding ambulances and 18,584
nontransport vehicles, including requirements pertaining to 18,586
equipment, communications systems, staffing, and level of care 18,587
the particular organization is permitted to render; 18,588
(3) Maintain the appropriate type and amount of insurance 18,590
or self-insurance as specified in section 4766.06 of the Revised 18,591
Code; 18,592
(4) Meet all other requirements established under rules 18,594
adopted by the board for the particular license. 18,596
(C) To apply for a license as a basic life-support, 18,598
intermediate life-support, or advanced life-support service 18,599
organization, an emergency medical service organization shall 18,600
submit a completed application to the board, on a form provided 18,602
432
by the board for each particular license, together with the 18,603
appropriate fees established under section 4766.05 of the Revised 18,604
Code. The application form shall include all of the following: 18,605
(1) The name and business address of the operator of the 18,607
organization for which licensure is sought; 18,608
(2) The name under which the applicant will operate the 18,610
organization; 18,611
(3) A list of the names and addresses of all officers and 18,613
directors of the organization; 18,614
(4) A description of each vehicle to be used, including 18,616
the make, model, year of manufacture, mileage, vehicle 18,617
identification number, and the color scheme, insignia, name, 18,618
monogram, or other distinguishing characteristics to be used to 18,619
designate the applicant's vehicle; 18,620
(5) The location and description of each place from which 18,622
the organization will operate; 18,623
(6) A description of the geographic area to be served by 18,625
the applicant; 18,626
(7) Any other information the board, by rule, determines 18,628
necessary. 18,629
(D) Within sixty days after receiving a completed 18,631
application for licensure as a basic life-support, intermediate 18,632
life-support, or advanced life-support service organization, the 18,633
board shall approve or deny the application. The board shall 18,634
deny an application if it determines that the applicant does not 18,635
meet the requirements of this chapter or any rules adopted under 18,637
it. The board shall send notice of the denial of an application 18,639
by certified mail to the applicant. The applicant may request a 18,640
hearing within ten days after receipt of the notice. If the 18,641
board receives a timely request, it shall hold a hearing in 18,643
accordance with Chapter 119. of the Revised Code. 18,644
(E) If an applicant or licensee operates or plans to 18,646
operate an organization in more than one location under the same 18,647
or different identities, the applicant or licensee shall apply 18,648
433
for and meet all requirements for licensure or renewal of a 18,649
license, other than payment of a license fee or renewal fee, for 18,650
operating the organization at each separate location. An 18,651
applicant or licensee that operates or plans to operate under the 18,652
same organization identity in separate locations shall pay only a 18,653
single license fee. 18,654
(F) Each license issued under this section and each permit 18,656
issued under section 4766.07 of the Revised Code expires two 18,657
years ONE YEAR after the date of issue ISSUANCE and may be 18,659
renewed in accordance with the standard renewal procedures of 18,661
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 18,662
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 18,663
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 18,664
An application for renewal shall include the license or permit 18,666
renewal fee established under section 4766.05 of the Revised 18,668
Code. An applicant for renewal of a permit also shall submit to 18,669
the board proof of an annual inspection of the vehicle for which 18,671
permit renewal is sought. The board shall renew a license if the 18,672
applicant meets the requirements for licensure and shall renew a 18,674
permit if the applicant and vehicle meet the requirements to 18,675
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 18,677
service responses conducted. The records shall be maintained on 18,679
forms prescribed by the board and shall contain information as 18,681
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 18,691
shall establish by rule a license fee, a permit fee for each 18,692
ambulance and nontransport vehicle owned or leased by the 18,693
licensee that is or will be used as provided in section 4766.07 18,694
of the Revised Code, and fees for renewals of licenses and 18,695
permits, taking into consideration the actual costs incurred by 18,696
the board in carrying out its duties under this chapter. However, 18,698
the fee for each license and each renewal of a license shall not 18,699
exceed two ONE hundred dollars, and the fee for each permit and 18,701
434
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 18,703
purposes of establishing fees, "actual costs" include INCLUDES 18,704
the costs of salaries, expenses, inspection equipment, 18,706
supervision, and program administration. 18,707
(B) The board shall deposit all fees and other moneys 18,709
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 18,710
the Revised Code in the state treasury to the credit of the 18,711
ambulance licensing trust fund, which is hereby created. All 18,712
moneys from the fund shall be used solely for the salaries and 18,713
expenses of the board incurred in implementing and enforcing this 18,714
chapter. 18,715
Sec. 4766.07. (A) Each emergency medical service 18,724
organization subject to licensure under this chapter shall 18,725
possess a valid permit for each ambulance and nontransport 18,726
vehicle it owns or leases that is or will be used by the licensee 18,728
to perform the services permitted by the license. Each licensee 18,729
and license applicant shall submit the appropriate fee and an 18,730
application for a permit for each ambulance and nontransport 18,731
vehicle to the Ohio ambulance licensing board on forms provided 18,733
by the board. The application shall include documentation that 18,734
the vehicle meets the appropriate standards set by the board, 18,735
that the vehicle has been inspected pursuant to division (C) of 18,737
this section, that the permit applicant maintains insurance or 18,738
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 18,741
requirements established under rules adopted by the board. 18,743
(B)(1) Within sixty days after receiving a completed 18,745
application for a permit, the board shall issue or deny the 18,746
permit. The board shall deny an application if it determines 18,747
that the permit applicant or vehicle does not meet the 18,748
requirements of this chapter and the rules adopted under it that 18,750
apply to permits for ambulances and nontransport vehicles. The 18,752
board shall send notice of the denial of an application by 18,753
435
certified mail to the permit applicant. The permit applicant may 18,754
request a hearing within ten days after receipt of the notice. 18,755
If the board receives a timely request, it shall hold a hearing 18,756
in accordance with Chapter 119. of the Revised Code. 18,757
(2) If the board issues the vehicle permit, it also shall 18,759
issue a decal, in a form prescribed by rule, to be displayed on 18,760
the rear window of the vehicle. The board shall not issue a 18,761
decal until all of the requirements for licensure and permit 18,762
issuance have been met. 18,763
(C) In addition to any other requirements that the board 18,765
establishes by rule, a licensee or license applicant applying for 18,766
an initial vehicle permit under division (A) of this section 18,767
shall submit to the state highway patrol and the board the 18,768
vehicle for which the permit is sought. Thereafter, a licensee 18,770
shall annually submit to the state highway patrol and the board 18,771
each vehicle for which a permit has been issued. 18,772
(1) The state highway patrol shall conduct a physical 18,774
inspection of an ambulance or nontransport vehicle to determine 18,775
its roadworthiness and compliance with standard motor vehicle 18,776
requirements. 18,777
(2) The board shall conduct a physical inspection of the 18,779
medical equipment, communication system, and interior of an 18,781
ambulance to determine the operational condition and safety of 18,784
the equipment and the ambulance's interior and to determine 18,786
whether the ambulance is in compliance with the federal 18,787
requirements for ambulance construction that were in effect at 18,789
the time the ambulance was manufactured, as specified by the 18,792
general services administration in the various versions of its 18,793
publication titled "federal specification for the star-of-life 18,794
ambulance, KKK-A-1822." 18,795
(3) The board and state highway patrol shall issue a 18,797
certificate to the applicant for each vehicle that passes the 18,799
inspection and may assess a fee for each inspection, as 18,800
established by the board.
436
(4) The board, in consultation with the state highway 18,802
patrol, shall adopt rules regarding the implementation and 18,803
coordination of the state highway patrol and board inspections. 18,804
The rules may permit the board to contract with a third party to 18,805
conduct the inspections required of the board under this section. 18,806
(D) If an emergency medical service organization that has 18,808
made timely application to the board for a vehicle permit has 18,809
reasonable cause to believe that the state highway patrol will 18,810
not be able to conduct the required inspection before the date by 18,811
which the organization is required to renew the registration of 18,812
the ambulance or nontransport vehicle with the bureau of motor 18,814
vehicles, the organization may apply to the board for a temporary 18,815
vehicle permit. Such a permit shall be valid for a period of no 18,816
more than thirty days from the date of issuance, and shall be 18,817
accepted by the registrar of motor vehicles when the organization 18,818
applies for registration of the vehicle under section 4503.49 of 18,820
the Revised Code. 18,821
Sec. 4773.04. (A) The department of health shall examine, 18,830
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 18,831
another entity to examine, each qualified applicant for a license 18,833
issued under this chapter. To be eligible for admittance to an 18,834
examination, an applicant must submit evidence satisfactory to 18,835
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 18,836
of practice and the course of study must have been conducted by 18,837
an educational program accredited by the department under section 18,838
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 18,840
of applicants, the department shall ensure that an opportunity to 18,842
take an examination is available as follows: 18,844
(1) At least once each month for individuals applying to 18,846
be licensed as general x-ray machine operators; 18,847
(2) At least three times each year for individuals 18,849
applying to be licensed as radiographers, radiation therapy 18,850
437
technologists, or nuclear medicine technologists. 18,851
(B) The department shall develop OR CONTRACT FOR a 18,853
separate examination for each type of license issued under this 18,854
chapter. An examination may consist of all or part of any 18,856
standard examination created by other entities ANY ENTITY for 18,857
purposes of determining the competence of individuals to practice 18,859
as general x-ray machine operators, radiographers, radiation 18,860
therapy technologists, or nuclear medicine technologists. 18,861
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 18,870
of the Revised Code: 18,871
(1) "Uniform registration" has the same meaning as 18,873
"registration" as used in the final report submitted to the 18,874
United States secretary of transportation, pursuant to subsection 18,875
(c) of section 22 of the "Hazardous Materials Transportation 18,876
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 18,877
1819.
(2) "Uniform permit" has the same meaning as "permit" as 18,879
used in the final report submitted to the United States secretary 18,880
of transportation, pursuant to subsection (c) of section 22 of 18,881
the "Hazardous Materials Transportation Uniform Safety Act of 18,882
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 18,883
(B)(1) The public utilities commission may adopt rules 18,885
applicable to the uniform registration and uniform permitting of 18,886
persons engaged in the highway transportation of hazardous 18,887
materials into, through, or within this state. Until November 18,888
17, 2000, rules adopted under this division shall be consistent 18,890
with, and equivalent in scope, coverage, and content to, the 18,891
final report submitted to the United States secretary of 18,892
transportation pursuant to subsection (c) of section 22 of the 18,893
"Hazardous Materials Transportation Uniform Safety Act of 1990," 18,894
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 18,895
November 17, 2000, the rules shall be consistent with, and 18,897
equivalent in scope, coverage, and content to, section 22 of the 18,898
"Hazardous Materials Transportation Uniform Safety Act of 1990," 18,899
438
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 18,900
adopted under that section. The commission may adopt additional 18,901
rules for the implementation and administration of the uniform 18,902
registration and permitting system established by rule under this 18,903
section, including rules SHALL INCLUDE RULES staggering the 18,904
registration date for carriers and reducing or extending, by no 18,906
more than one year, the permit renewal period for carriers. 18,907
Rules adopted or amended under division (B)(1) of this 18,909
section on or after November 17, 2000, shall be adopted or 18,910
amended in accordance with Chapter 119. of the Revised Code. 18,912
(2) For the purpose of minimizing filing requirements 18,914
regarding any background investigation required for the issuance 18,915
of a uniform permit as a carrier of hazardous wastes, the 18,916
commission shall accept from any applicant for such a permit any 18,917
refiling of information the applicant has filed with the office 18,918
of the attorney general under section 3734.42 of the Revised Code 18,919
or any reference to such information, if the refiled or 18,920
referenced information is on file with the office of the attorney 18,921
general, is accurate and timely for the commission's purposes 18,922
under this section, and is supplemented by any additional 18,923
information the commission requires. The office of the attorney 18,924
general, as necessary for any such background investigation, 18,925
shall make accessible to the commission any such information 18,926
referenced or refiled in an application for a uniform permit as a 18,927
carrier of hazardous wastes that the attorney general determines 18,928
may be disclosed in accordance with section 3734.42 of the 18,929
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 18,930
Revised Code affects any limitations under section 3734.42 of the 18,931
Revised Code on the disclosure of that information. 18,932
(C)(1) The fees for uniform registration and a uniform 18,934
permit as a carrier of hazardous materials shall consist of the 18,935
following: 18,936
(a) A processing fee of fifty dollars; 18,938
(b) An apportioned per-truck registration fee, which shall 18,940
439
be calculated by multiplying the percentage of a registrant's 18,941
activity in this state times the percentage of the registrant's 18,942
business that is hazardous-materials-related, times the number of 18,943
vehicles owned or operated by the registrant, times a per-truck 18,944
fee determined by order of the commission following public notice 18,945
and an opportunity for comment. 18,946
However, the total revenue from the apportioned per-truck 18,948
registration fee shall not exceed the appropriation of the 18,949
general assembly for the hazardous materials registration fund 18,950
created under division (C)(3) of this section. In determining 18,951
the per-truck fee, the commission shall calculate the difference 18,953
between the appropriation from the fund for the current fiscal 18,955
year and the net total of the processing fees collected in the 18,956
previous registration year under division (C)(1)(a) of this 18,957
section, fees collected under division (C)(2) of this section, 18,958
refunds to carriers from overpayments of fees collected under 18,959
this section, and fees paid to other states under division (D) of 18,960
this section, and shall divide that calculated amount by the 18,961
total number of apportioned trucks determined on the basis of 18,963
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 18,964
fee shall be zero. Any interested party, in accordance with 18,965
division (H) of this section, may appeal to the court of appeals 18,966
of Franklin county an order of the commission establishing the 18,967
apportioned per-truck registration fee. 18,968
(i) The percentage of a registrant's activity in this 18,970
state shall be calculated by dividing the number of miles that 18,971
the registrant travels in this state under the international 18,972
registration plan, pursuant to section 4503.61 of the Revised 18,973
Code, by the number of miles that the registrant travels 18,974
nationwide under the international registration plan. 18,975
Registrants that operate solely within this state shall use one 18,976
hundred per cent as their percentage of activity. Registrants 18,977
that do not register their vehicles through the international 18,978
440
registration plan shall calculate activity in the state in the 18,979
same manner as that required by the international registration 18,980
plan. 18,981
(ii) The percentage of a registrant's business that is 18,983
hazardous-materials-related shall be calculated, for 18,984
less-than-truckload shipments, by dividing the weight of all the 18,985
registrant's hazardous materials shipments by the total weight of 18,986
all shipments in the previous year. The percentage of a 18,987
registrant's business that is hazardous-materials-related shall 18,988
be calculated, for truckload shipments, by dividing the number of 18,989
shipments for which placarding, marking of the vehicle, or 18,990
manifesting, as appropriate, was required by regulations adopted 18,991
under sections 4 to 6 of the "Hazardous Materials Transportation 18,992
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 18,993
1804, by the total number of the registrant's shipments that 18,994
transported any kind of goods in the previous year. A registrant 18,995
that transports both less-than-truckload and truckload shipments 18,996
of hazardous materials shall calculate the percentage of business 18,997
that is hazardous-materials-related on a proportional basis. 18,998
(iii) A registrant may utilize fiscal year, or calendar 19,000
year, or other current company accounting data, or other publicly 19,001
available information, in calculating the percentages required by 19,002
divisions (C)(1)(b)(i) and (ii) of this section. 19,003
(2) The commission, after notice and opportunity for a 19,005
hearing, may assess each carrier a fee for any background 19,006
investigation required for the issuance, for the purpose of 19,007
section 3734.15 of the Revised Code, of a uniform permit as a 19,008
carrier of hazardous wastes and fees related to investigations 19,009
and proceedings for the denial, suspension, or revocation of a 19,010
uniform permit as a carrier of hazardous materials. The fees 19,011
shall not exceed the reasonable costs of the investigations and 19,012
proceedings. The fee for a background investigation for a 19,013
uniform permit as a carrier of hazardous wastes shall be six 19,014
hundred dollars plus the costs of obtaining any necessary 19,015
441
information not included in the permit application, to be 19,016
calculated at the rate of thirty dollars per hour, not exceeding 19,017
six hundred dollars, plus any fees payable to obtain necessary 19,019
information.
(3) All fees collected under division (C)(1) of this 19,021
section and all background investigation and permit denial, 19,022
suspension, and revocation investigation and proceeding fees 19,024
collected under division (C)(2) of this section shall be credited 19,025
to the hazardous materials registration fund, which is hereby 19,026
created in the state treasury. Moneys in that fund shall be used 19,027
by the commission to administer and enforce sections 4905.80 to 19,028
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 19,030
adopted under division (B) of this section, may enter into 19,031
agreements, contracts, arrangements, or declarations with other 19,032
states and with the national repository, established pursuant to 19,033
the final report submitted to the United States secretary of 19,034
transportation, pursuant to subsection (c) of section 22 of the 19,035
"Hazardous Materials Transportation Uniform Safety Act of 1990," 19,036
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 19,037
contracts, arrangements, or declarations shall include, but not 19,038
be limited to, the determination of a base state, the collection 19,039
of uniform registration fees, the frequency of distribution of 19,040
uniform registration fees, procedures for dispute resolution, and 19,041
protection of trade secrets and confidential business 19,042
information. 19,043
(E) The first eight hundred thousand dollars of 19,045
forfeitures collected under section 4905.83 of the Revised Code 19,046
during each of fiscal years 1995 to 2000 and during fiscal year 19,048
2001 until November 17, 2000, shall be credited to the hazardous 19,050
materials transportation fund, which is hereby created in the 19,051
state treasury. Any forfeitures in excess of that amount 19,052
collected during each such period and any forfeitures collected 19,053
on or after November 17, 2000, FISCAL YEAR shall be credited to 19,054
442
the general revenue fund. In each of fiscal years 1995 to 2000 19,055
and in fiscal year 2001 until November 17, 2000, the commission 19,058
shall distribute moneys credited to the hazardous materials 19,059
transportation fund under this division for the purposes of 19,060
emergency response planning and the training of safety, 19,061
enforcement, and emergency services personnel in proper 19,062
techniques for the management of hazardous materials releases 19,063
that occur during transportation or otherwise. For these 19,064
purposes, fifty per cent of all such moneys credited to the fund 19,065
shall be distributed to Cleveland state university, and fifty 19,066
FORTY-FIVE per cent shall be distributed to other educational 19,068
institutions, state agencies, regional planning commissions, and 19,069
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 19,070
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 19,072
credited to the fund under this division equal an amount less 19,073
than four hundred thousand dollars, the commission shall 19,074
distribute, to the extent of the fund, two hundred thousand 19,075
dollars to Cleveland state university and the remainder to other 19,076
educational institutions, state agencies, regional planning 19,077
commissions, and political subdivisions. 19,078
(F)(1) No person shall violate or fail to perform a duty 19,080
imposed by this section or a rule adopted under it. 19,081
(2) No person shall knowingly falsify or fail to submit 19,083
any data, reports, records, or other information required to be 19,084
submitted to the commission pursuant to this section or a rule 19,085
adopted under it. For purposes of division (F)(2) of this 19,086
section, a person acts knowingly if either of the following 19,087
applies: 19,088
(a) The person has actual knowledge of the facts giving 19,090
rise to the violation. 19,091
(b) A reasonable person acting in the circumstances and 19,093
exercising due care would have such knowledge. 19,094
(G) After notice and opportunity for a hearing, the 19,096
443
commission, pursuant to criteria set forth in rules adopted under 19,097
division (B) of this section, may suspend, revoke, or deny the 19,098
uniform permit as a carrier of hazardous materials of any carrier 19,099
that has obtained or applied for such a uniform permit from the 19,100
commission pursuant to rules adopted under that division, or the 19,101
commission may order the suspension of the transportation of 19,102
hazardous materials into, through, or within this state by a 19,103
carrier that has obtained a uniform permit from another state 19,104
that has a reciprocity agreement with the commission pursuant to 19,105
division (D) of this section. 19,106
(H)(1) The proceedings specified in division (G) of this 19,108
section are subject to and governed by Chapter 4903. of the 19,109
Revised Code, except as otherwise provided in this section. The 19,110
court of appeals of Franklin county has exclusive original 19,111
jurisdiction to review, modify, or vacate any order of the 19,112
commission suspending, revoking, or denying a uniform permit as a 19,113
carrier of hazardous materials of any carrier that has obtained 19,114
or applied for a uniform permit from the commission pursuant to 19,115
rules adopted under division (B) of this section, or any order of 19,116
the commission suspending the transportation of hazardous 19,117
materials into, through, or within this state by a carrier that 19,118
has obtained a uniform permit from another state that has a 19,119
reciprocity agreement with the commission under division (D) of 19,120
this section. The court of appeals shall hear and determine 19,121
those appeals in the same manner and under the same standards as 19,122
the Ohio supreme court hears and determines appeals under Chapter 19,123
4903. of the Revised Code. 19,124
The judgment of the court of appeals is final and 19,126
conclusive unless reversed, vacated, or modified on appeal. Such 19,127
appeals may be taken either by the commission or the person to 19,128
whom the order was issued and shall proceed as in the case of 19,129
appeals in civil actions as provided in Chapter 2505. of the 19,130
Revised Code. 19,131
(2) Section 4903.11 of the Revised Code does not apply to 19,133
444
appeals of any order of the commission suspending, revoking, or 19,134
denying a uniform permit of a carrier that has obtained or 19,135
applied for a uniform permit from the commission pursuant to 19,136
rules adopted under division (B) of this section, or of any order 19,137
of the commission suspending the transportation of hazardous 19,138
materials into, through, or within this state by a carrier that 19,139
has obtained a uniform permit from another state that has a 19,140
reciprocity agreement with the commission pursuant to division 19,141
(D) of this section. Any person to whom such AN order is issued 19,142
who wishes to contest the order shall file, within sixty days 19,143
after the entry of the order upon the journal of the commission, 19,144
a notice of appeal, setting forth the order appealed from and the 19,145
errors complained of. The notice of appeal shall be served, 19,146
unless waived, upon the chairperson of the commission or, in the 19,148
event of the chairperson's absence, upon any public utilities 19,149
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 19,150
vacate, or modify the order if, upon consideration of the record, 19,152
the court is of the opinion that the order was unlawful or 19,153
unreasonable.
Sec. 4937.02. (A) There is hereby created the utility 19,162
radiological safety board composed of the chairperson of the 19,164
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 19,165
the deputy EXECUTIVE director of the emergency management agency, 19,167
and the director of commerce, or their designees each of whom 19,168
shall be an employee of the member agency of the board member for 19,169
whom the person is a designee. The purpose of the board is to 19,171
develop a comprehensive policy for the state regarding nuclear 19,172
power safety. The board's objectives shall be to promote safe, 19,173
reliable, and economical power; establish a memorandum of 19,174
understanding with the federal nuclear regulatory commission and 19,175
the state, including agreements with individual state agencies to 19,176
interact with the commission and the federal emergency management 19,177
445
agency; and recommend policies and practices that promote safety, 19,178
performance, emergency preparedness, and public health standards 19,179
that are designed to meet the state's needs. 19,180
(B) The governor shall appoint a chairperson of the board 19,183
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 19,185
absence or disability of the board chairperson, all the powers of 19,187
the board chairperson. All examinations, studies, or other 19,188
official proceedings of the board shall be conducted by the board 19,189
or its designees. The board's authority under sections 4937.01 19,190
to 4937.05 of the Revised Code THIS CHAPTER shall not be 19,191
exercised by any officer, employee, or body other than the board 19,193
itself, except by express action of the board. 19,194
(C) The chairperson of the board shall cause to be kept a 19,197
complete record of all proceedings of the board, and any books, 19,198
maps, documents, and papers used or produced by the board, and 19,199
shall perform such other duties as the governor may prescribe. 19,200
(D) A majority of the board's members constitutes a quorum 19,202
for the transaction of any business, performance of any duty, or 19,203
exercise of any power of the board. No vacancy on the board 19,204
shall impair the right of the remaining board members to exercise 19,205
all powers of the board. The act of a majority of the board, 19,206
when in session as a board, is an act of the board. 19,207
(E) Members of the board and their designees shall not 19,209
receive compensation from the board, but shall receive all 19,210
ordinary and necessary expenses incurred in performance of board 19,211
business, including actual travel expenses. All such expenses 19,212
shall be paid by the agency of which the individual board member 19,213
or designee is an officer or employee. 19,214
(F) The attorney general is the board's legal advisor, but 19,216
shall designate, subject to the board's approval, one or more of 19,217
the attorney general's assistants to discharge the duties of 19,218
board attorney. 19,219
(G) The board may call to its assistance, temporarily, 19,221
446
with the consent of the member agency, any employee of a member 19,222
agency to conduct studies, examinations, and investigations for 19,223
the board or prepare any report required or authorized by 19,224
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 19,225
The employee shall receive no compensation, but shall receive all 19,227
ordinary and necessary expenses incurred in performance of such 19,228
duties, including actual travel expenses. All such expenses 19,229
shall be paid by the member agency. 19,230
(H) The offices of the board shall be located in the 19,232
offices of the emergency management agency. 19,234
Sec. 4981.09. (A) There is hereby created in the state 19,243
treasury the rail development fund. The fund shall consist of 19,245
such moneys as may be provided by law, including moneys received 19,246
from the sale, transfer, or lease of any rail property pursuant 19,247
to section 4981.08 of the Revised Code, and amounts transferred 19,248
pursuant to division (B) of this section. Moneys in the fund 19,251
shall be used for the purpose of acquiring, rehabilitating, or 19,252
developing rail property or service, or for participation in the 19,253
acquisition of rail property with the federal government, 19,254
municipal corporations, townships, counties, or other 19,255
governmental agencies. For the purpose of acquiring such rail 19,256
property, the Ohio rail development commission may obtain 19,257
acquisition loans from the federal government or from any other 19,258
source.
The fund shall also be used to promote, plan, design, 19,260
construct, operate, and maintain passenger and freight rail 19,261
transportation systems, and may be used to pay the administrative 19,263
costs of the Ohio rail development commission associated with 19,264
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 19,265
The fund shall not be used to provide loan guarantees. 19,266
(B) Twice each year, by the last day of March for the 19,269
immediately preceding June through December and by the last day 19,271
of August for the immediately preceding January through May, the 19,273
447
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 19,274
pursuant to Chapter 5733. of the Revised Code during those months 19,275
by taxpayers engaged in the business of owning or operating a 19,277
railroad either wholly or partially within this state. The 19,279
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 19,280
budget and management shall transfer fifty per cent of the amount 19,281
certified from the general revenue fund to the rail development 19,282
fund.
Sec. 5101.16. (A) As used in this section and sections 19,291
5101.161 and 5101.162 of the Revised Code: 19,292
(1) "Disability assistance" means financial and medical 19,294
assistance provided under Chapter 5115. of the Revised Code. 19,295
(2) "Food stamps" means the program administered by the 19,297
department of human services pursuant to section 5101.54 of the 19,299
Revised Code.
(3) "Medicaid" means the medical assistance program 19,301
established by Chapter 5111. of the Revised Code, excluding 19,304
transportation services provided under that chapter. 19,305
(4) "Ohio works first" means the program established by 19,307
Chapter 5107. of the Revised Code. 19,308
(5) "Prevention, retention, and contingency" means the 19,310
program established by Chapter 5108. of the Revised Code. 19,312
(6) "Public assistance expenditures" means expenditures 19,314
for all of the following: 19,315
(a) Ohio works first; 19,317
(b) County administration of Ohio works first; 19,320
(c) Prevention, retention, and contingency; 19,322
(d) County administration of prevention, retention, and 19,324
contingency; 19,325
(e) Disability assistance; 19,327
(f) County administration of disability assistance; 19,329
(g) County administration of food stamps; 19,331
448
(h) County administration of medicaid. 19,333
(B) Each board of county commissioners shall pay the 19,335
county share of public assistance expenditures in accordance with 19,339
section 5101.161 of the Revised Code. Except as provided in 19,340
division (C) of this section, a county's share of public 19,343
assistance expenditures is the sum of all of the following for 19,345
state fiscal year 1998 and each state fiscal year thereafter: 19,346
(1) The amount that is twenty-five per cent of the 19,348
county's total expenditures for disability assistance and county 19,351
administration of disability assistance during the state fiscal 19,352
year ending in the previous calendar year that the department of 19,354
human services determines are allowable. 19,355
(2) The amount that is ten per cent, or other percentage 19,359
determined under division (D) of this section, of the county's 19,360
total expenditures for county administration of food stamps and 19,361
medicaid during the state fiscal year ending in the previous 19,364
calendar year that the department determines are allowable, less 19,365
the amount of federal reimbursement credited to the county under 19,367
division (E) of this section for the state fiscal year ending in 19,368
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 19,371
section, the actual amount, as determined by the department of 19,372
human services from expenditure reports submitted to the United 19,373
States department of health and human services, of the county 19,374
share of program and administrative expenditures during federal 19,375
fiscal year 1994 for assistance and services, other than child 19,376
day-care, provided under Titles IV-A and IV-F of the "Social 19,378
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 19,379
titles existed prior to the enactment of the "Personal 19,380
Responsibility and Work Opportunity Reconciliation Act of 1996," 19,382
110 Stat. 2105. 19,383
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 19,386
SEVENTY-SEVEN per cent of the amount determined under division 19,387
(B)(3)(a) of this section. 19,388
449
(C)(1) If a county's share of public assistance 19,390
expenditures determined under division (B) of this section for a 19,392
state fiscal year exceeds one hundred ten per cent of the 19,393
county's share for those expenditures for the immediately 19,394
preceding state fiscal year, the department of human services 19,395
shall reduce the county's share for expenditures under divisions
(B)(1) and (2) of this section so that the total of the county's 19,396
share for expenditures under division (B) of this section equals 19,397
one hundred ten per cent of the county's share of those 19,398
expenditures for the immediately preceding state fiscal year. 19,399
(2) A county's share of public assistance expenditures 19,401
determined under division (B) of this section may be increased 19,402
pursuant to a sanction under section 5101.24 of the Revised Code. 19,404
(D)(1) If the per capita tax duplicate of a county is less 19,407
than the per capita tax duplicate of the state as a whole and 19,408
division (D)(2) of this section does not apply to the county, the 19,410
percentage to be used for the purpose of division (B)(2) of this 19,412
section is the product of ten multiplied by a fraction of which 19,414
the numerator is the per capita tax duplicate of the county and 19,415
the denominator is the per capita tax duplicate of the state as a 19,416
whole. The department of human services shall compute the per 19,417
capita tax duplicate for the state and for each county by 19,418
dividing the tax duplicate for the most recent available year by 19,419
the current estimate of population prepared by the department of 19,420
development.
(2) If the percentage of families in a county with an 19,422
annual income of less than three thousand dollars is greater than 19,423
the percentage of such families in the state and division (D)(1) 19,425
of this section does not apply to the county, the percentage to 19,426
be used for the purpose of division (B)(2) of this section is the 19,427
product of ten multiplied by a fraction of which the numerator is 19,429
the percentage of families in the state with an annual income of 19,430
less than three thousand dollars a year and the denominator is 19,431
the percentage of such families in the county. The department of 19,432
450
human services shall compute the percentage of families with an 19,433
annual income of less than three thousand dollars for the state 19,434
and for each county by multiplying the most recent estimate of 19,436
such families published by the department of development, by a 19,437
fraction, the numerator of which is the estimate of average 19,438
annual personal income published by the bureau of economic 19,439
analysis of the United States department of commerce for the year 19,440
on which the census estimate is based and the denominator of 19,441
which is the most recent such estimate published by the bureau. 19,442
(3) If the per capita tax duplicate of a county is less 19,445
than the per capita tax duplicate of the state as a whole and the 19,446
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 19,447
of such families in the state, the percentage to be used for the 19,449
purpose of division (B)(2) of this section shall be determined as 19,450
follows: 19,451
(a) Multiply ten by the fraction determined under division 19,455
(D)(1) of this section;
(b) Multiply the product determined under division 19,458
(D)(3)(a) of this section by the fraction determined under 19,460
division (D)(2) of this section. 19,461
(4) The department of human services shall determine, for 19,463
each county, the percentage to be used for the purpose of 19,465
division (B)(2) of this section not later than the first day of 19,467
July of the year preceding the state fiscal year for which the 19,468
percentage is used.
(E) The department of human services shall credit to a 19,471
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 19,473
health and human services for the county's expenditures for 19,475
administration of food stamps and medicaid that the department 19,477
determines are allowable administrative expenditures. 19,478
(F) The department of human services shall adopt rules in 19,481
accordance with section 111.15 of the Revised Code to establish 19,484
451
all of the following:
(1) The method the department is to use to change a 19,488
county's share of public assistance expenditures determined under 19,490
division (B) of this section as provided in division (C) of this 19,491
section; 19,492
(2) The allocation methodology and formula the department 19,494
will use to determine the amount of funds to credit to a county 19,495
under this section; 19,496
(3) The method the department will use to change the 19,498
payment of the county share of public assistance expenditures 19,499
from a calendar-year basis to a state fiscal year basis; 19,500
(4) Other procedures and requirements necessary to 19,502
implement this section. 19,503
Sec. 5101.33. (A) As used in this section, "public 19,512
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 19,513
(1) CASH assistance paid under Chapter 5107. or 5115. of 19,516
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 19,518
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 19,521
human services under which cash assistance is paid PROVIDED; 19,522
(4) ASSISTANCE PROVIDED BY A PERSON OR GOVERNMENT ENTITY 19,524
THAT THE DEPARTMENT, PURSUANT TO AN AGREEMENT UNDER SECTION 19,525
5101.331 OF THE REVISED CODE, DISTRIBUTES THROUGH THE MEDIUM OF 19,526
ELECTRONIC BENEFIT TRANSFER.
(B) The director DEPARTMENT of human services may make any 19,528
payment of public assistance to eligible recipients DISTRIBUTE 19,530
BENEFITS through the medium of electronic benefit transfer by 19,532
doing all of the following:
(1) Contracting with an agent to supply debit cards to the 19,534
department of human services for use by such recipients 19,535
INDIVIDUALS ELIGIBLE FOR THE BENEFITS in accessing their public 19,537
assistance BENEFITS and to credit such cards electronically with 19,539
the amounts specified by the director OF HUMAN SERVICES pursuant 19,540
452
to law;
(2) Informing such recipients INDIVIDUALS about the use of 19,542
the electronic benefit transfer system and furnishing them with 19,543
debit cards and information that will enable them to access their 19,544
public assistance BENEFITS through the system; 19,545
(3) Arranging with specific financial institutions or 19,547
vendors, or with county departments of human services, OR PERSONS 19,548
OR GOVERNMENT ENTITIES THAT ENTER INTO AGREEMENTS WITH THE 19,549
DEPARTMENT UNDER SECTION 5101.331 OF THE REVISED CODE for 19,550
recipients THE ELIGIBLE INDIVIDUALS to have their cards credited 19,551
electronically with the proper amounts at their facilities; 19,553
(4) Periodically preparing vouchers for the payment of 19,555
such public assistance BENEFITS by electronic benefit transfer; 19,557
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 19,559
STATE LAW.
(C) The director of human services or his agent shall 19,563
inform the auditor of state of the amount of reimbursement that 19,564
is due each financial institution or vendor that has paid public 19,565
assistance or aid under former Chapter 5113. of the Revised Code 19,566
through the medium DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 19,567
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 19,568
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 19,569
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 19,570
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 19,571
(D) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 19,574
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION AND SECTION 5101.331 OF THE REVISED CODE. 19,575
Sec. 5101.331. THE DEPARTMENT OF HUMAN SERVICES MAY ENTER 19,577
INTO AN AGREEMENT WITH A PERSON OR GOVERNMENT ENTITY UNDER WHICH 19,578
THE DEPARTMENT WILL DISTRIBUTE THROUGH THE MEDIUM OF ELECTRONIC 19,579
BENEFIT TRANSFER ESTABLISHED UNDER SECTION 5101.33 OF THE REVISED 19,580
CODE BENEFITS THE PERSON OR GOVERNMENT ENTITY PROVIDES TO
ELIGIBLE INDIVIDUALS. ANY AGREEMENT ENTERED INTO UNDER THIS 19,581
SECTION MUST BE IN WRITING. 19,582
453
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 19,584
5101.51 TO 5101.518 OF THE REVISED CODE: 19,585
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 19,587
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 19,589
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 19,591
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 19,593
IN SECTION 5101.46 OF THE REVISED CODE. 19,594
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 19,596
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 19,597
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 19,598
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 19,599
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 19,600
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 19,601
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 19,602
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 19,604
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 19,605
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 19,607
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 19,608
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 19,609
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 19,611
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 19,612
HEALTH INSURANCE PROGRAM PART I. 19,613
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 19,615
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 19,616
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 19,618
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 19,619
ALL OF THE FOLLOWING: 19,620
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 19,622
WILL BE REIMBURSED; 19,623
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 19,625
REIMBURSABLE UNDER THE PROGRAM; 19,626
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 19,628
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 19,630
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 19,632
454
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 19,633
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 19,634
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 19,635
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 19,637
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 19,638
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 19,639
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 19,640
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 19,641
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 19,642
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 19,645
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 19,647
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 19,648
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 19,650
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 19,651
HEALTH INSURANCE PROGRAM PART II. 19,652
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 19,654
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 19,655
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 19,657
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 19,659
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 19,660
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 19,661
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 19,664
OF THE FOLLOWING: 19,665
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 19,667
WILL BE REIMBURSED; 19,668
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 19,670
REIMBURSABLE UNDER THE PROGRAM; 19,671
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 19,673
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 19,674
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 19,676
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 19,677
455
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 19,678
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 19,679
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 19,681
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 19,682
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 19,683
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 19,686
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 19,688
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 19,689
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 19,691
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 19,692
COMBINATION OF BOTH. 19,693
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 19,695
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 19,696
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 19,697
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 19,699
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 19,701
SERVICES; 19,702
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 19,704
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 19,706
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 19,707
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 19,708
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 19,709
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 19,710
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 19,711
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 19,712
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 19,716
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 19,717
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 19,718
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 19,719
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 19,721
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 19,722
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 19,723
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 19,724
456
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 19,725
SECTION 5101.35 OF THE REVISED CODE. 19,726
Sec. 5101.52. Upon the death of a recipient of aid, under 19,735
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 19,736
U.S.C.A. 301, as amended, or of any person who would be eligible 19,737
for such aid except that he THE PERSON is a resident of a county 19,738
home, or any person who received assistance under former Chapter 19,740
5105., 5106., or 5151. of the Revised Code, for the month of 19,741
December, 1973, or a recipient of aid under Chapter 5107. or 19,742
5115. of the Revised Code who resides RESIDED in an 19,743
unincorporated area, application may be made THE PERSON ENTITLED 19,745
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 19,746
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 19,747
department of human services for STATE funds to defray the THOSE 19,748
expenses of burial for such deceased recipient. AN ITEMIZED 19,750
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 19,751
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 19,752
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 19,754
EITHER MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF 19,755
THE FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES OR SUBMIT 19,756
THE APPLICATION TO THE STATE DEPARTMENT OF HUMAN SERVICES FOR THE 19,757
STATE DEPARTMENT TO MAKE THE DETERMINATION. THE COUNTY OR STATE 19,758
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 19,759
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 19,760
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 19,761
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 19,762
DEPARTMENT, MAY PROVIDE CONTRIBUTIONS, ALLOWANCES, AND GRANTS UP 19,763
TO A TOTAL AMOUNT NOT TO EXCEED THE MAXIMUM BURIAL ASSISTANCE 19,764
PAYMENT UNDER THIS SECTION AND GRAVE SPACE TOWARDS ITEMS OF 19,765
CREMATION, CEMETERY, OUTSIDE RECEPTACLE, AND INCIDENTAL FUNERAL 19,766
AND BURIAL EXPENSES, OTHER THAN A STANDARD SIZED CASKET AND 19,767
PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. TO THE EXTENT 19,768
FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR GRAVE SPACE 19,769
457
SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, CREMATION, 19,770
CEMETERY, AND BURIAL EXPENSES OF THE DECEASED RECIPIENT. The 19,771
COUNTY OR STATE department shall approve burial PAYMENT OF 19,772
expenses only to the extent of the difference between the 19,773
resources of the deceased person, in real and personal property 19,774
and insurance, and the permissible payment for burial and funeral 19,775
expenses as provided in this section. 19,776
A sum not to exceed the following amount may be ordered 19,778
paid to the proper person to defray the total funeral, cremation, 19,779
cemetery, and burial expenses of the deceased recipient: 19,780
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 19,782
under Title XVI of the "Social Security Act," 49 Stat. 620 19,785
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 19,786
be HAVE BEEN eligible for such aid except that he is a resident 19,788
of THE PERSON RESIDED IN a county home, or any A person who 19,789
received assistance under former Chapter 5105., 5106., or 5151. 19,791
of the Revised Code, for the month of December, 1973, or a 19,792
recipient of aid under Chapter 5107. or 5115. of the Revised Code 19,794
who resides RESIDED in an unincorporated area. If such recipient 19,795
is AND WAS eleven years of age or older, seven hundred fifty 19,796
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 19,798
under Chapter 5107. or 5115. of the Revised Code who resides 19,800
RESIDED in an unincorporated area, if such recipient has AND HAD 19,802
not reached the age of eleven years, five hundred dollars. 19,804
Such funeral, cremation, cemetery, and burial expense 19,806
payments shall not be made to the extent that the recipient, at 19,807
the time of death, had funds available for such purposes. No 19,808
payment shall be made by the department if the total cost of the 19,809
funeral, cremation, cemetery, and burial expenses exceeds the 19,810
amount designated under this section. Contributions, allowances, 19,811
and grants up to a total amount not to exceed the maximum burial 19,812
assistance payment under this section and grave space may be 19,813
furnished by any source, other than the department, towards items 19,814
458
of cremation, cemetery, outside receptacle, incidental funeral 19,815
and burial expenses, other than a standard sized casket and 19,816
professional services of the funeral director, and to the extent 19,817
so furnished shall not be considered as a part of the total 19,818
funeral, cremation, cemetery, and burial expenses of such 19,819
deceased recipient. Application for state funds shall be filed 19,820
by the proper person entitled to receive payment for funeral and 19,821
burial expenses. An itemized sworn statement of the total 19,822
funeral, cremation, cemetery, and burial charges shall be 19,823
submitted by the funeral director. 19,824
Sec. 5101.541. (A) The department of human services shall 19,833
establish, by rule, effective July 1, 1981, a system of mail 19,834
issuance of food stamp allotments utilizing direct coupon 19,835
mailing. The county department of human services shall 19,836
administer the mailing of such coupons under the supervision of 19,837
the department of human services. The system shall provide for 19,838
redetermination of eligibility at the same intervals as are in 19,839
effect on March 23, 1981 or at such other intervals as may be 19,840
required by federal law or regulation. 19,841
(B) The department of human services shall provide an 19,843
alternative system to the system of mail issuance established in 19,844
division (A) of this section in counties where ANY OF THE 19,845
FOLLOWING APPLY: 19,846
(1) The department can document, after notice and hearing, 19,848
significant diminution of demand for mail issuance of food stamp 19,849
coupons; or 19,850
(2) The loss rate for coupons issued through the mail 19,852
exceeds any tolerable loss rate which may be established by rule 19,853
of the United States department of agriculture; 19,854
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 19,856
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 19,857
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 19,858
(C) The county department of human services shall issue to 19,860
each household or the household's authorized representative for 19,861
459
coupon issuance, at the time eligibility for food stamps is 19,862
established, an identification card. The card shall be issued in 19,863
the name of the household member to whom food stamp coupons are 19,864
issued or the authorized representative. 19,865
Sec. 5101.544. If the benefits of a household are reduced 19,874
under a federal, state, or local means-tested public assistance 19,875
program for failure of a member of the household to perform an 19,876
action required under the program, the household may not receive, 19,877
for the duration of the reduction, an increased allotment of food 19,878
stamp benefits as the result of a decrease in the income of the 19,879
household to the extent that the decrease is the result of the 19,880
reduction. To the extent federal law and regulations or a 19,881
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 19,884
shall not result in a decrease in the allotment of food stamp 19,886
benefits a household receives.
The department of human services shall adopt rules in 19,888
accordance with Chapter 119. of the Revised Code to implement 19,890
this section. The rules shall be consistent with 7 U.S.C.A. 19,891
2017(d), AND federal regulations, and the terms and conditions of 19,892
the federal waiver authorizing the LEAP program. 19,893
Sec. 5101.83. (A) As used in this section: 19,903
(1) "Assistance group" has the same meaning as in sections 19,905
5107.02 and 5108.01 of the Revised Code. 19,906
(2) "Fraudulent assistance" means assistance and services, 19,910
including cash assistance, provided under the Ohio works first 19,911
program established under Chapter 5107., or the prevention, 19,912
retention, and contingency program established under Chapter 19,913
5108. of the Revised Code, to or on behalf of an assistance group 19,914
that is provided as a result of fraud by a member of the 19,916
assistance group, including an intentional violation of the 19,917
program's requirements. "Fraudulent assistance" does not include 19,918
assistance or services to or on behalf of an assistance group 19,921
that is provided as a result of an error that is the fault of a 19,922
460
county department of human services or the state department of 19,923
human services.
(B) If a county director of human services determines that 19,927
an assistance group has received fraudulent assistance, the 19,928
assistance group is ineligible to participate in the Ohio works 19,930
first program or the prevention, retention, and contingency 19,931
program until a member of the assistance group repays the cost of 19,933
the fraudulent assistance. If a member repays the cost of the 19,934
fraudulent assistance and the assistance group otherwise meets 19,935
the eligibility requirements for the Ohio works first program or 19,937
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 19,938
participate in the program. 19,939
This section does not limit the ability of a county 19,941
department of human services to recover erroneous payments under 19,942
section 5107.77 5107.76 of the Revised Code. 19,943
The state department of human services shall adopt rules in 19,946
accordance with Chapter 119. of the Revised Code to implement
this section.
Sec. 4 5101.86. (A) As used in this section, "poverty 19,948
guideline" means the official poverty guideline as revised 19,951
annually by the United States Secretary SECRETARY of Health 19,952
HEALTH and Human Services HUMAN SERVICES in accordance with 19,953
section 673 of the "Community Services Block Grant Act," 95 Stat. 19,955
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 19,958
to the size of the family of the person whose income is being
determined. 19,959
(B) The Department DEPARTMENT of Human Services HUMAN 19,962
SERVICES shall establish the Non-TANF Emergency Assistance 19,964
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 19,965
appropriation line item 400-512, Non-TANF Emergency Assistance 19,966
APPROPRIATED BY THE GENERAL ASSEMBLY. 19,967
Funds appropriated for the Non-TANF Emergency Assistance 19,969
Program PROGRAM shall be used to assist persons age eighteen or 19,973
461
older who are not eligible for assistance under the Temporary 19,974
Assistance for Needy Families Program authorized by Executive 19,975
Order 96-73V and have incomes not greater than 40 per cent of the 19,978
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 19,979
including food, clothing, shelter, and other essential goods or 19,981
services. The funds shall be used for direct payments to, or on 19,982
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 19,983
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 19,984
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 19,985
(2) THE PERSON IS NOT THE CUSTODIAL PARENT OF A CHILD; 19,987
(3) UNLESS THE PERSON IS SIXTY-FIVE YEARS OF AGE OR OLDER 19,989
AND RECEIVING SUPPLEMENTAL SECURITY INCOME UNDER TITLE XVI OF THE 19,990
"SOCIAL SECURITY ACT," 86 STAT. 1475 (1972), 42 U.S.C.A. 1383, AS 19,992
AMENDED, THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 19,993
CENT OF THE POVERTY GUIDELINE.
(C) As soon as possible after the start of EACH fiscal 19,995
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 19,996
distribute, in a single payment, the funds appropriated that 19,998
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 20,000
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 20,002
of the Federal Emergency Management Agency FEDERAL EMERGENCY 20,003
MANAGEMENT AGENCY or to a fiscal agent designated by the 20,005
Committee COMMITTEE. The Committee COMMITTEE shall determine the 20,007
amount of the appropriation to be allocated to each county, and 20,008
the Committee COMMITTEE or its fiscal agent shall distribute the 20,009
allocations to the counties. Each county's allocation shall be 20,011
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 20,012
entity. If an entity serves as the emergency food and shelter 20,013
board for more than one county, the allocation for each of those 20,014
counties shall be paid to that entity. 20,015
The Committee COMMITTEE may reallocate funds during A 20,018
fiscal years 1998 and 1999 YEAR based on its determination of 20,020
local needs and expenditures.
462
The Committee COMMITTEE or its fiscal agent may use up to 20,023
three per cent of the fiscal years 1998 and 1999 appropriation 20,024
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 20,025
expenses. The Committee COMMITTEE may allow any county entity 20,027
receiving funds under this section in fiscal years 1998 and 1999, 20,028
the entity's fiscal agent, or an entity designated by the county 20,029
entity to use up to four per cent of the county's allocation for 20,031
administrative expenses.
(D) If any local entity returns unexpended fiscal year 20,033
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 20,036
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 20,038
shall return the funds to the department. The department shall 20,039
seek approval from the Controlling Board CONTROLLING BOARD to 20,041
transfer the unexpended funds to increase the THAT fiscal year 20,042
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 20,045
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 20,047
increase, the Department DEPARTMENT shall distribute the 20,048
increased appropriation to the Committee COMMITTEE or its fiscal 20,050
agent. The Committee COMMITTEE may allocate, distribute, and 20,051
reallocate the additional funds in the same manner as other 20,052
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 20,055
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 20,058
report to the Set-Aside Committee COMMITTEE, in the form and 20,060
manner required by the Committee COMMITTEE, information regarding 20,063
the entity's use of the funds. The Committee COMMITTEE shall 20,064
compile the information received from these reports and provide 20,065
it to the Department DEPARTMENT and the General Assembly GENERAL 20,068
ASSEMBLY. The Committee COMMITTEE shall provide the Department 20,070
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 20,072
information no later than THE THIRTIETH DAY OF September 30 of 20,073
each fiscal year. 20,074
Sec. 5101.93. (A) There is hereby established a welfare 20,084
oversight council consisting of eight voting members, four of 20,085
463
whom shall be members of the house of representatives, two 20,086
appointed by the speaker and two appointed by the minority leader 20,087
of the house of representatives, not more than two of whom shall 20,088
be members of the same political party, and four of whom shall be 20,089
members of the senate, two appointed by the president and two 20,090
appointed by the minority leader of the senate, not more than two 20,091
of whom shall be members of the same political party. The 20,092
director of administrative services, the administrator of the 20,093
bureau of employment services, THE DIRECTOR OF AGING, and the 20,094
director of human services shall be ex officio nonvoting members 20,096
and two representatives of the general public appointed by the 20,097
governor shall be nonvoting members of the council. The council 20,098
may, by a majority vote, add other nonvoting members to the 20,099
council. A vacancy on the council shall be filled in the same 20,101
manner as the original appointment. 20,102
(B) The speaker of the house of representatives shall 20,104
designate the initial chairperson of the welfare oversight 20,105
council and the president of the senate shall designate the 20,106
initial vice-chairperson of the council. Thereafter, the 20,107
authority to designate the chairperson and the vice-chairperson 20,108
shall alternate between the speaker of the house and the 20,109
president of the senate. The chairperson and vice-chairperson 20,110
and other members of the council shall serve one-year terms. 20,111
The council shall meet at least four times a year in 20,114
Columbus or other locations selected by the chairperson to 20,115
monitor and review the Ohio works first program established under 20,116
Chapter 5107. of the Revised Code, including sanctions imposed 20,117
under section 5107.16 of the Revised Code; the prevention,
retention, and contingency program established under Chapter 20,119
5108. of the Revised Code; and the department of human services, 20,120
county departments of human services, child support enforcement 20,121
agencies, and public children services agencies. The council may 20,122
visit the department, county departments, and agencies. 20,123
The chairperson of the council shall determine the agenda 20,126
464
for each meeting of the council, except that if at least four 20,127
legislative members of the council submit a written request to 20,128
the chairperson to consider an item, the chairperson shall place 20,129
the item on the agenda of the council's next regularly scheduled 20,130
meeting occurring more than ten days after the written request is 20,131
submitted to the chairperson.
(C) The members of the welfare oversight council shall 20,133
serve without compensation but shall be reimbursed for their 20,134
actual and necessary expenses incurred in the discharge of their 20,135
official duties. In the discharge of its duties the council may 20,137
issue subpoenas compelling the attendance of witnesses and the 20,138
production of any records of the department of human services or 20,139
local agencies. The council shall adopt rules to implement this 20,140
section.
(D) The welfare oversight council shall advise the general 20,142
assembly on the performance of the department of human services, 20,144
county departments of human services, child support enforcement 20,145
agencies, and public children services agencies. The council 20,146
shall submit recommendations to the general assembly for any 20,147
changes in law that the council considers necessary or 20,148
appropriate. Between lines 9,970a and 9,979, insert: 20,149
Sec. 5104.30. (A) The department of human services is 20,158
hereby designated as the state agency responsible for 20,159
administration and coordination of federal and state funding for 20,160
publicly funded child day-care in this state. Publicly funded 20,161
child day-care shall be provided to the following: 20,162
(1) Recipients of transitional child day-care as provided 20,164
under section 5104.34 of the Revised Code; 20,165
(2) Participants in the Ohio works first program 20,168
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 20,170
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 20,171
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 20,172
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 20,173
465
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 20,174
CODE;
(4) A family receiving publicly funded child day-care on 20,176
October 1, 1997, until the family's income reaches one hundred 20,178
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 20,180
determined eligible in accordance with rules adopted under 20,182
section 5104.38 of the Revised Code.
The department shall apply to the United States department 20,185
of health and human services for authority to operate a 20,186
coordinated program for publicly funded child day-care, if the 20,187
director of human services determines that the application is 20,188
necessary. For purposes of this section, the department of human 20,189
services may enter into agreements with other state agencies that 20,190
are involved in regulation or funding of child day-care. The 20,191
department shall consider the special needs of migrant workers 20,192
when it administers and coordinates publicly funded child 20,193
day-care and shall develop appropriate procedures for 20,194
accommodating the needs of migrant workers for publicly funded 20,195
child day-care.
(B) The department of human services shall distribute 20,197
state and federal funds for publicly funded child day-care, 20,198
including appropriations of state funds for publicly funded child 20,199
day-care and appropriations of federal funds for publicly funded 20,200
child day-care under Title XX of the "Social Security Act," 88 20,202
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 20,203
care block grant act. The department may use any state funds 20,204
appropriated for publicly funded child day-care as the state 20,205
share required to match any federal funds appropriated for 20,206
publicly funded child day-care.
(C) The department may use federal funds available under 20,208
the child care block grant act to hire staff to prepare any rules 20,209
required under this chapter and to administer and coordinate 20,210
federal and state funding for publicly funded child day-care. 20,211
466
Not more than five per cent of the aggregate amount of 20,214
those federal funds received for a fiscal year may be expended 20,215
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 20,216
(1) Activities designed to provide comprehensive consumer 20,218
education to parents and the public; 20,219
(2) Activities that increase parental choice; 20,221
(3) Activities, including child day-care resource and 20,223
referral services, designed to improve the quality, and increase 20,224
the supply, of child day-care.
(D) The department shall ensure that any federal funds 20,226
received by the state under the child care block grant act will 20,227
be used only to supplement, and will not be used to supplant, 20,228
federal, state, and local funds available on the effective date 20,229
of that act for publicly funded child day-care and related 20,230
programs. A county department of human services may purchase 20,231
child day-care from funds obtained through any other means. 20,232
(E) The department shall encourage the development of 20,234
suitable child day-care throughout the state, especially in areas 20,235
with high concentrations of recipients of public assistance and 20,236
families with low incomes. The department shall encourage the 20,238
development of suitable child day-care designed to accommodate 20,239
the special needs of migrant workers. On request, the 20,240
department, through its employees or contracts with state or
community child day-care resource and referral service 20,241
organizations, shall provide consultation to groups and 20,242
individuals interested in developing child day-care. The 20,243
department of human services may enter into interagency 20,244
agreements with the department of education, the board of 20,245
regents, the department of development, and other state agencies 20,246
and entities whenever the cooperative efforts of the other state 20,247
agencies and entities are necessary for the department of human 20,248
services to fulfill its duties and responsibilities under this 20,249
chapter. 20,250
467
The department may develop and maintain a registry of 20,252
persons providing child day-care and may adopt rules pursuant to 20,253
Chapter 119. of the Revised Code establishing procedures and 20,255
requirements for its administration.
(F) The department shall adopt rules in accordance with 20,257
Chapter 119. of the Revised Code establishing a procedure for 20,258
determining rates of reimbursement and a procedure for paying 20,259
providers of publicly funded child day-care. In establishing 20,260
rates of reimbursement pursuant to this division, the department 20,261
shall use the information obtained under division (B)(3) of 20,262
section 5104.04 of the Revised Code and may establish different 20,263
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 20,264
needs of the child, whether expanded hours of service are 20,265
provided, whether weekend service is provided, whether the 20,266
provider has exceeded the minimum requirements of state statutes 20,267
and rules governing child day-care, and any other factors the 20,268
department considers appropriate. The department shall establish 20,269
an enhanced rate of reimbursement for providers who provide child 20,270
day-care for caretaker parents who work nontraditional hours.
Sec. 5104.34. (A)(1) Each county department of human 20,280
services shall implement procedures for making determinations of 20,281
eligibility for publicly funded child day-care. Under those 20,282
procedures, the eligibility determination for each applicant 20,283
shall be made no later than thirty calendar days from the date 20,284
the county department receives a completed application for 20,285
publicly funded child day-care. Each applicant shall be notified 20,286
promptly of the results of the eligibility determination. An 20,287
applicant aggrieved by a decision or delay in making an 20,288
eligibility determination may appeal the decision or delay to the 20,289
department of human services in accordance with section 5101.35 20,290
of the Revised Code. The due process rights of applicants shall 20,291
be protected. 20,292
To the extent permitted by federal law, the county 20,294
468
department may make all determinations of eligibility for 20,295
publicly funded child day-care, may contract with child day-care 20,296
providers or child day-care resource and referral service 20,297
organizations for the providers or resource and referral service 20,298
organizations to make all or any part of the determinations, and 20,299
may contract with child day-care providers or child day-care 20,300
resource and referral service organizations for the providers or 20,301
resource and referral service organizations to collect specified 20,302
information for use by the county department in making 20,303
determinations. If a county department contracts with a child 20,304
day-care provider or a child day-care resource and referral 20,305
service organization for eligibility determinations or for the 20,306
collection of information, the contract shall require the 20,307
provider or resource and referral service organization to make 20,308
each eligibility determination no later than thirty calendar days 20,309
from the date the provider or resource and referral organization 20,310
receives a completed application that is the basis of the 20,311
determination and to collect and transmit all necessary 20,312
information to the county department within a period of time that 20,313
enables the county department to make each eligibility 20,314
determination no later than thirty days after the filing of the 20,315
application that is the basis of the determination. 20,316
The county department may station employees of the 20,318
department in various locations throughout the county and may 20,319
assign employees of the department to hours of employment outside 20,320
the normal working hours of the department to collect information 20,321
relevant to applications for publicly funded child day-care and 20,322
to make eligibility determinations. The county department, child 20,323
day-care provider, and child day-care resource and referral 20,324
service organization shall make each determination of eligibility 20,325
for publicly funded child day-care no later than thirty days 20,326
after the filing of the application that is the basis of the 20,327
determination, shall make each determination in accordance with 20,328
any relevant rules adopted pursuant to section 5104.38 of the 20,329
469
Revised Code, and shall notify promptly each applicant for 20,330
publicly funded child day-care of the results of the 20,331
determination of the applicant's eligibility. 20,332
On or before October 1, 1991, the department of human 20,334
services shall adopt rules in accordance with Chapter 119. of the 20,335
Revised Code for monitoring the eligibility determination 20,336
process. In accordance with those rules, the state department 20,337
shall monitor eligibility determinations made by county 20,338
departments of human services and shall direct any entity that is 20,339
not in compliance with this division or any rule adopted under 20,340
this division to implement corrective action specified by the 20,341
department. 20,342
(2) All eligibility determinations for publicly funded 20,345
child day-care shall be made in accordance with rules adopted by 20,346
the department of human services pursuant to division (A) of 20,347
section 5104.38 of the Revised Code and, if a county department 20,349
of human services specifies, pursuant to rules adopted under 20,350
division (B) of that section, a maximum amount of income a family 20,352
may have to be eligible for publicly funded child day-care, the 20,353
income maximum specified by the county department. Publicly 20,354
funded child day-care may be provided only to eligible infants, 20,355
toddlers, preschool children, and school children under age 20,356
thirteen. For an applicant to be eligible for publicly funded 20,357
child day-care, the caretaker parent must be employed or 20,358
participating in a program of education or training for an amount 20,359
of time reasonably related to the time that the parent's children 20,360
are receiving publicly funded child day-care. This restriction 20,361
does not apply to families whose children are eligible for
protective or special needs day-care. 20,362
Subject to available funds, a county department of human 20,364
services shall allow a family to receive publicly funded child 20,366
day-care unless the family's income exceeds the maximum income 20,369
eligibility limit. Initial and continued eligibility for 20,370
publicly funded child day-care is subject to available funds 20,371
470
unless the family is receiving transitional child day-care as 20,373
provided under this section, participating in the Ohio works 20,374
first program established under Chapter 5107. of the Revised 20,375
Code, or was receiving publicly funded child day-care on October 20,377
1, 1997, and has a family income below one hundred fifty per cent 20,378
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 20,379
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 20,380
department must limit eligibility due to lack of available funds, 20,382
it shall give first priority for publicly funded child day-care 20,383
to an assistance group whose income is not more than the maximum 20,384
income eligibility limit that received transitional child 20,386
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 20,387
shall continue to receive priority for publicly funded child 20,388
day-care until its income exceeds the maximum income eligibility 20,390
limit.
(3) An assistance group that ceases to participate in the 20,392
Ohio works first program established under Chapter 5107. of the 20,394
Revised Code is eligible for transitional child day-care at any 20,396
time during the immediately following twelve-month period that 20,397
both of the following apply:
(a) The assistance group requires child day-care due to 20,399
employment; 20,400
(b) The assistance group's income is not more than one 20,402
hundred fifty per cent of the federal poverty line. 20,403
An assistance group ineligible to participate in the Ohio 20,405
works first program pursuant to section 5101.83 or section 20,406
5107.16 of the Revised Code is not eligible for transitional 20,409
child day-care. 20,410
(B) To the extent permitted by federal law, a county 20,412
department of human services may require a caretaker parent 20,413
determined to be eligible for publicly funded child day-care to 20,414
pay a fee according to the schedule of fees established in rules 20,415
adopted under section 5104.38 of the Revised Code. Each county 20,416
471
department shall make protective day-care services available to 20,417
children without regard to the income or assets of the caretaker 20,418
parent of the child. 20,419
(C) A caretaker parent receiving publicly funded child 20,421
day-care shall report to the entity that determined eligibility 20,423
any changes in status with respect to employment or participation 20,424
in a program of education or training.
(D) If a county department of human services determines 20,426
that available resources are not sufficient to provide publicly 20,427
funded child day-care to all eligible families who request it, 20,428
the county department may establish a waiting list. A county 20,429
department may establish separate waiting lists within the 20,430
waiting list based on income. When resources become available to 20,432
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 20,433
assess the needs of the next family scheduled to receive publicly 20,435
funded child day-care. If the assessment demonstrates that the 20,436
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 20,437
family. If the county department determines that the family is 20,438
no longer eligible or no longer needs publicly funded child 20,439
day-care, the county department shall remove the family from the 20,440
waiting list.
(E) As used in this section, "maximum income eligibility 20,443
limit" means the amount of income specified in rules adopted 20,444
under division (A) of section 5104.38 of the Revised Code or, if 20,447
a county department of human services specifies a higher amount 20,448
pursuant to rules adopted under division (B) of that section, the 20,450
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 20,453
THIS SECTION, AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 20,454
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 20,455
VALID FOR ONE YEAR AND A FEE CHARGED UNDER DIVISION (B) OF THAT 20,456
SECTION SHALL NOT BE CHANGED DURING THAT ONE-YEAR PERIOD. 20,457
472
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 20,460
OF THE FOLLOWING CIRCUMSTANCES: 20,461
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 20,463
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 20,464
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 20,466
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 20,467
Sec. 5104.38. In addition to any other rules adopted under 20,476
this chapter, the department of human services shall adopt rules 20,477
in accordance with Chapter 119. of the Revised Code governing 20,479
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 20,480
(A) Procedures and criteria to be used in making 20,482
determinations of eligibility for publicly funded child day-care 20,483
that give priority to children of families with lower incomes and 20,485
procedures and criteria for eligibility for publicly funded 20,486
protective day-care. The rules shall specify the maximum amount 20,487
of income a family may have for initial and continued 20,488
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 20,490
not exceed one hundred eighty-five per cent of the federal 20,491
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 20,492
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 20,494
services may, if the department, under division (A) of this 20,496
section, specifies a maximum amount of income a family may have 20,497
for eligibility for publicly funded child day-care that is less 20,498
than one hundred eighty-five per cent of the federal poverty line 20,499
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 20,500
amount of income a family residing in the county the county 20,501
department serves may have for initial and continued eligibility 20,502
for publicly funded child day-care that is higher than the amount 20,503
specified by the department but does not exceed one hundred 20,504
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 20,505
(C) A schedule of fees requiring all eligible caretaker 20,508
473
parents to pay a fee for publicly funded child day-care according 20,509
to income and family size, which shall be uniform for all types 20,510
of publicly funded child day-care, except as authorized by rule, 20,511
and, to the extent permitted by federal law, shall permit the use 20,513
of state and federal funds to pay the customary deposits and 20,514
other advance payments that a provider charges all children who 20,515
receive child day-care from that provider;. THE SCHEDULE OF FEES 20,516
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 20,517
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 20,518
(D) A formula based upon a percentage of the county's 20,520
total expenditures for publicly funded child day-care for 20,521
determining the maximum amount of state and federal funds 20,522
appropriated for publicly funded child day-care that a county 20,523
department may use for administrative purposes; 20,524
(E) Procedures to be followed by the department and county 20,526
departments in recruiting individuals and groups to become 20,527
providers of child day-care; 20,528
(F) Procedures to be followed in establishing state or 20,530
local programs designed to assist individuals who are eligible 20,531
for publicly funded child day-care in identifying the resources 20,532
available to them and to refer the individuals to appropriate 20,533
sources to obtain child day-care; 20,534
(G) Procedures to deal with fraud and abuse committed by 20,536
either recipients or providers of publicly funded child day-care; 20,537
(H) Procedures for establishing a child day-care grant or 20,539
loan program in accordance with the child care block grant act; 20,540
(I) Standards and procedures for applicants to apply for 20,542
grants and loans, and for the department to make grants and 20,543
loans; 20,544
(J) A definition of "person who stands in loco parentis" 20,546
for the purposes of division (HH)(1) of section 5104.01 of the 20,548
Revised Code;
(K) Any other rules necessary to carry out sections 20,550
5104.30 to 5104.39 of the Revised Code. 20,551
474
Sec. 5107.10. (A) As used in this section: 20,560
(1) "Countable income," "gross earned income," and "gross 20,562
unearned income" have the meanings established in rules adopted 20,563
under section 5107.05 of the Revised Code. 20,564
(2) "Gross income" means gross earned income and gross 20,566
unearned income. 20,567
(3) "Strike" means continuous concerted action in failing 20,569
to report to duty; willful absence from one's position; or 20,570
stoppage of work in whole from the full, faithful, and proper 20,571
performance of the duties of employment, for the purpose of 20,572
inducing, influencing, or coercing a change in wages, hours, 20,573
terms, and other conditions of employment. "Strike" does not 20,574
include a stoppage of work by employees in good faith because of 20,575
dangerous or unhealthful working conditions at the place of 20,576
employment that are abnormal to the place of employment. 20,577
(B) Under the Ohio works first program, an assistance 20,579
group shall receive, except as otherwise provided by this 20,581
chapter, time-limited cash assistance. In the case of an 20,582
assistance group that includes a minor head of household or 20,583
adult, assistance shall be provided in accordance with the 20,584
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 20,587
assistance group must meet all of the following requirements: 20,588
(1) The assistance group, except as provided in division 20,590
(E) of this section, must include at least one of the following: 20,592
(a) A minor child who, except as provided in section 20,594
5107.24 of the Revised Code, resides with a custodial parent, 20,596
legal guardian, or specified relative caring for the child;
(b) A specified relative of a minor child receiving 20,598
supplemental security income under Title XIV of the "Social 20,599
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 20,601
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 20,602
475
(c) A woman at least six months pregnant. 20,604
(2) The assistance group must meet the income requirements 20,607
established by division (D) of this section. 20,608
(3) No member of the assistance group may be involved in a 20,610
strike.
(4) The assistance group must satisfy the requirements for 20,613
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 20,615
(5) The assistance group must meet requirements for Ohio 20,617
works first established by rules adopted under section 5107.05 of 20,619
the Revised Code. 20,620
(D)(1) Except as provided in division (D)(3) of this 20,622
section, to determine whether an assistance group is initially 20,623
eligible to participate in Ohio works first, a county department 20,625
of human services shall do the following:
(a) Determine whether the assistance group's gross income 20,628
exceeds the following amount:
Size of Assistance Group Gross Income 20,631
1 $423 20,633
2 $537 20,634
3 $630 20,635
4 $750 20,636
5 $858 20,637
6 $942 20,638
7 $1,038 20,639
8 $1,139 20,640
9 $1,241 20,641
10 $1,343 20,642
11 $1,440 20,643
12 $1,542 20,644
13 $1,643 20,645
14 $1,742 20,646
15 $1,844 20,647
For each person in the assistance group that brings the 20,650
476
assistance group to more than fifteen persons, add one hundred 20,651
two dollars to the amount of gross income for an assistance group 20,653
of fifteen specified in division (D)(1)(a) of this section. 20,654
In making this determination, the county department shall 20,657
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 20,659
disregarded. The assistance group is ineligible to participate 20,660
in Ohio works first if the assistance group's gross income, less 20,661
the amounts disregarded, exceeds the amount specified in division 20,662
(D)(1)(a) of this section. 20,663
(b) If the assistance group's gross income, less the 20,666
amounts disregarded pursuant to division (D)(1)(a) of this 20,668
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 20,670
than the payment standard. The assistance group is ineligible to 20,671
participate in Ohio works first if the assistance group's 20,672
countable income equals or exceeds the payment standard. 20,674
(2) To determine whether an assistance group participating 20,677
in Ohio works first continues to be eligible to participate, a 20,678
county department of human services shall determine whether the 20,679
assistance group's countable income continues to be less than the 20,680
payment standard. In making this determination, the county 20,681
department shall disregard the first two hundred fifty dollars 20,682
and fifty per cent of the remainder of the assistance group's 20,683
gross earned income for the first eighteen months after the first 20,684
month the assistance group receives gross earned income while 20,685
participating in Ohio works first. No amounts shall be 20,686
disregarded from the assistance group's gross unearned income. 20,687
The assistance group ceases to be eligible to participate in Ohio 20,688
works first if its countable income, less the amounts 20,689
disregarded, equals or exceeds the payment standard. 20,690
(3) If an assistance group reapplies to participate in 20,692
Ohio works first not more than four months after ceasing to 20,693
participate, a county department of human services shall use the 20,695
477
income requirement established by division (D)(2) of this section 20,696
to determine eligibility for resumed participation rather than 20,697
the income requirement established by division (D)(1) of this 20,699
section.
(E)(1) An assistance group may continue to participate in 20,701
Ohio works first even though a public children services agency 20,702
removes the assistance group's minor children from the assistance 20,704
group's home due to abuse, neglect, or dependency if the agency 20,705
does both of the following:
(a) Notifies the county department of human services at 20,708
the time the agency removes the children that it believes the 20,709
children will be able to return to the assistance group within 20,710
three months;
(b) Informs the county department at the end of both of 20,713
the first two months after the agency removes the children that 20,714
the parent, legal guardian, or specified relative of the children
is cooperating with the case plans prepared for the children 20,716
under section 2151.412 of the Revised Code and that the agency is 20,718
making reasonable efforts to return the children to the 20,719
assistance group.
(2) An assistance group may continue to participate in 20,721
Ohio works first pursuant to division (E)(1) of this section for 20,723
not more than three payment months. This division does not 20,724
affect the eligibility of an assistance group that includes a 20,725
woman at least six months pregnant. 20,726
Sec. 5107.16. (A) If a member of an assistance group 20,736
fails or refuses, without good cause, to comply in full with a 20,737
provision of a self-sufficiency contract entered into under 20,738
section 5107.14 of the Revised Code, a county department shall 20,739
sanction the assistance group as follows: 20,740
(1) For a first failure or refusal, the county department 20,742
shall deny or terminate the assistance group's eligibility to 20,743
participate in Ohio works first for one payment month or until 20,744
the failure or refusal ceases, whichever is longer; 20,745
478
(2) For a second failure or refusal, the county department 20,748
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 20,750
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 20,752
county department shall deny or terminate the assistance group's 20,753
eligibility to participate in Ohio works first for six payment 20,754
months or until the failure or refusal ceases, whichever is 20,755
longer. 20,756
(B) Each county department of human services shall 20,759
establish standards for the determination of good cause for 20,760
failure or refusal to comply in full with a provision of a 20,761
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 20,763
a work activity, developmental activity, or alternative work 20,764
activity under sections 5107.40 to 5107.69 of the Revised Code, 20,766
good cause shall include, except as provided in division (B)(2) 20,768
of this section, the following: 20,769
(a) Failure of the county department to place the member 20,772
in an activity;
(b) Failure of the county department to provide for the 20,775
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 20,777
to be necessary. In determining whether good cause exists, a 20,778
county department shall determine that day care is a necessary 20,779
support service if a single custodial parent caring for a minor 20,780
child under age six proves a demonstrated inability, as 20,781
determined by the county department, to obtain needed child care 20,782
for one or more of the following reasons: 20,783
(i) Unavailability of appropriate child care within a 20,786
reasonable distance from the parent's home or work site; 20,787
(ii) Unavailability or unsuitability of informal child 20,790
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 20,793
479
child care arrangements.
(2) Good cause does not exist if the member of the 20,795
assistance group is placed in a work activity established under 20,797
section 5107.58 of the Revised Code and exhausts the support 20,798
services available for that activity. 20,799
(C) When a state hearing under division (B) of section 20,802
5101.35 of the Revised Code or an administrative appeal under 20,805
division (C) of that section is held regarding a sanction under 20,806
this section, the hearing officer, director of human services, or 20,807
director's designee shall base the decision in the hearing or 20,808
appeal on the county department's standards of good cause for 20,809
failure or refusal to comply in full with a provision of a 20,810
self-sufficiency contract, if the county department provides the 20,811
hearing officer, director, or director's designee a copy of the 20,812
county department's good cause standards. 20,813
(D) After sanctioning an assistance group under division 20,816
(A) of this section, a county department of human services shall 20,818
provide the member of the assistance group who caused the 20,819
sanction an opportunity to demonstrate to the county department a 20,820
willingness to cease the failure or refusal to comply with the 20,821
self-sufficiency contract.
(E)(1) A minor child eligible for medical assistance 20,824
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 20,827
Code who would be eligible to participate in Ohio works first if 20,829
not for a sanction under this section does not lose eligibility 20,830
for medical assistance.
(2) An adult eligible for medical assistance pursuant to 20,832
division (A)(1)(b) of section 5111.01 of the Revised Code who 20,835
would be eligible to participate in Ohio works first if not for a 20,836
sanction under division (A)(1) or (2) of this section does not 20,838
lose eligibility for medical assistance. An adult eligible for 20,839
medical assistance pursuant to division (A)(1)(b) of section 20,841
5111.01 of the Revised Code who is sanctioned under division 20,844
(A)(3) of this section loses eligibility for medical assistance 20,845
480
unless the adult is otherwise eligible for medical assistance 20,846
pursuant to another division of section 5111.01 of the Revised 20,848
Code. 20,849
(3) An adult eligible for medical assistance pursuant to 20,851
division (A)(1)(a) of section 5111.01 of the Revised Code who is 20,856
sanctioned under division (A)(3) of this section for a failure or 20,858
refusal, without good cause, to comply in full with a provision 20,859
of a self-sufficiency contract related to work responsibilities 20,860
under sections 5107.40 to 5107.69 of the Revised Code loses 20,861
eligibility for medical assistance unless the adult is otherwise 20,862
eligible for medical assistance pursuant to another division of 20,863
section 5111.01 of the Revised Code. 20,865
(F) AN ASSISTANCE GROUP INELIGIBLE TO PARTICIPATE IN OHIO 20,868
WORKS FIRST BECAUSE OF A SANCTION UNDER THIS SECTION IS ELIGIBLE
FOR PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO DIVISION (A)(3) OF 20,869
SECTION 5104.30 OF THE REVISED CODE. 20,870
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 20,872
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER SECTION 5107.16 OF 20,873
THE REVISED CODE, THE COUNTY DEPARTMENT SHALL NOTIFY THE 20,874
ASSISTANCE GROUP THAT THE ASSISTANCE GROUP MAY REQUEST A MEETING
WITH THE COUNTY DEPARTMENT TO EXPLAIN WHY THE ASSISTANCE GROUP 20,875
BELIEVES IT SHOULD NOT BE SANCTIONED. IF THE ASSISTANCE GROUP 20,876
REQUESTS THE MEETING NOT LESS THAN TEN DAYS AFTER RECEIVING THE 20,877
COUNTY DEPARTMENT'S NOTICE, THE COUNTY DEPARTMENT SHALL SCHEDULE 20,878
THE MEETING AND POSTPONE IMPOSITION OF THE SANCTION UNTIL THE 20,879
SCHEDULED MEETING IS HELD.
Sec. 5107.17. WHEN AN ASSISTANCE GROUP RESUMES 20,881
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING A SANCTION IMPOSED 20,883
UNDER SECTION 5107.16 OF THE REVISED CODE, THE TIME THE 20,885
ASSISTANCE GROUP WAS SUBJECT TO THE SANCTION SHALL BE CONSIDERED
A TEMPORARY ABSENCE AND A COUNTY DEPARTMENT OF HUMAN SERVICES 20,887
SHALL NOT DO ANY OF THE FOLLOWING:
(A) UNLESS IT IS THE REGULARLY SCHEDULED TIME FOR THE 20,889
ASSISTANCE GROUP'S ELIGIBILITY TO BE REDETERMINED, REQUIRE THAT 20,890
481
THE ASSISTANCE GROUP REAPPLY UNDER SECTION 5107.12 OF THE REVISED 20,891
CODE TO PARTICIPATE IN OHIO WORKS FIRST OR ENTER INTO A NEW 20,892
SELF-SUFFICIENCY CONTRACT UNDER SECTION 5107.14 OF THE REVISED 20,894
CODE;
(B) UNLESS THE COUNTY DEPARTMENT DETERMINES IT IS TIME FOR 20,896
A NEW APPRAISAL UNDER SECTION 5107.41 OF THE REVISED CODE, 20,897
REQUIRE THAT THE ASSISTANCE GROUP UNDERGO A NEW APPRAISAL; 20,898
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF SECTION 5107.42 20,900
OF THE REVISED CODE, REASSIGN A MEMBER OF THE ASSISTANCE GROUP TO 20,902
A DIFFERENT WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE 20,903
WORK ACTIVITY;
(D) REQUIRE A MEMBER OF THE ASSISTANCE GROUP TO REPEAT A 20,905
WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 20,906
ACTIVITY, OR COMPONENT OF SUCH AN ACTIVITY, IF THE COUNTY 20,907
DEPARTMENT IS SATISFIED THAT THE MEMBER ALREADY SUCCESSFULLY 20,908
COMPLETED THE ACTIVITY OR COMPONENT. 20,909
Sec. 5107.26. (A) As used in this section: 20,918
(1) "Transitional child day-care" means publicly funded 20,921
child day-care provided under division (A)(3) of section 5104.34 20,923
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 20,926
provided under section 5111.023 of the Revised Code. 20,927
(B) Except as provided in division (C) of this section, 20,929
each member of an assistance group participating in Ohio works 20,930
first is ineligible to participate in the program for six payment 20,933
months if a county department of human services determines that a 20,935
member of the assistance group terminated the member's employment 20,937
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 20,938
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 20,940
recipient of transitional child day-care or transitional medicaid 20,941
on the day prior to the day the recipient begins to receive 20,942
transitional child day-care or transitional medicaid is 20,943
ineligible to participate in Ohio works first for six payment 20,945
482
months if a county department determines that the recipient 20,947
terminated the recipient's employment. 20,949
(C) No assistance group member shall lose or be denied 20,952
eligibility to participate in Ohio works first pursuant to 20,954
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 20,955
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 20,956
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 20,957
BETTER EMPLOYMENT OR the county department of human services 20,959
certifies that the assistance group member who OR RECIPIENT 20,961
terminated THE employment did so with just cause. 20,962
Just cause includes the following: 20,964
(1) Discrimination by an employer based on age, race, sex, 20,967
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 20,969
employment unreasonable, such as working without being paid on 20,970
schedule; 20,971
(3) Employment that has become unsuitable due to any of 20,973
the following: 20,974
(a) The wage is less than the federal minimum wage; 20,976
(b) The work is at a site subject to a strike or lockout, 20,979
unless the strike has been enjoined under section 208 of the 20,980
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 20,981
U.S.C.A. 178, as amended, an injunction has been issued under 20,983
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 20,985
U.S.C.A. 160, as amended, or an injunction has been issued under 20,986
section 4117.16 of the Revised Code; 20,987
(c) The documented degree of risk to the assistance group 20,990
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 20,992
(d) The assistance group member OR RECIPIENT is physically 20,994
or mentally unfit to perform the employment, as documented by 20,995
medical evidence or by reliable information from other sources. 20,997
(4) Documented illness of the assistance group member OR 21,000
RECIPIENT or of another assistance group member OF THE MEMBER OR 21,002
RECIPIENT requiring the presence of the assistance group member 21,003
483
OR RECIPIENT;
(5) A documented household emergency; 21,005
(6) Lack of adequate child care for children of the 21,007
assistance group member OR RECIPIENT who are under six years of 21,008
age. 21,009
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 21,012
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 21,013
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 21,014
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 21,015
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 21,016
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 21,018
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 21,020
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 21,021
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 21,023
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 21,025
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 21,026
ESTABLISH AS LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 21,027
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 21,029
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AND AMBULANCE 21,030
SERVICE PROVIDERS. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 21,031
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 21,032
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 21,033
Sec. 5112.03. (A) The director of human services shall 21,042
adopt, and may amend and rescind, rules in accordance with 21,043
Chapter 119. of the Revised Code for the purpose of administering 21,044
sections 5112.01 to 5112.21 of the Revised Code, including rules 21,045
that do all of the following: 21,046
(1) Define as a "disproportionate share hospital" any 21,048
hospital included under subsection (b) of section 1923 of the 21,049
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 21,050
1396r-4(b), as amended, and any other hospital the director 21,051
determines appropriate;
(2) Prescribe the form for submission of cost reports 21,053
484
under section 5112.04 of the Revised Code; 21,054
(3) Establish, in accordance with division (B) of section 21,056
5112.06 of the Revised Code, the ASSESSMENT rate of hospital 21,057
assessments OR RATES to be applied TO HOSPITALS under that 21,060
section;
(4) Establish schedules for hospitals to pay installments 21,062
on their assessments under section 5112.06 of the Revised Code 21,063
and for governmental hospitals to pay installments on their 21,064
intergovernmental transfers under section 5112.07 of the Revised 21,065
Code;
(5) Establish procedures to notify hospitals of 21,067
adjustments made under division (C)(2)(b) of section 5112.06 of 21,069
the Revised Code in the amount of installments on their
assessment; 21,070
(6) Establish procedures to notify hospitals of 21,072
adjustments made under division (D) of section 5112.09 of the 21,073
Revised Code in the total amount of their assessment and to 21,074
adjust for the remainder of the program year the amount of the 21,075
installments on the assessments; 21,076
(7) Establish, in accordance with section 5112.08 of the 21,078
Revised Code, the methodology for paying hospitals under that 21,079
section. 21,080
The director shall consult with hospitals when adopting the 21,082
rules required by divisions (A)(4) and (5) of this section in 21,083
order to minimize hospitals' cash flow difficulties. 21,084
(B) Rules adopted under this section may provide that 21,086
"total facility costs" excludes costs associated with any of the 21,088
following:
(1) Recipients of the medical assistance program; 21,090
(2) Recipients of general assistance medical assistance 21,092
provided under FORMER Chapter 5113. of the Revised Code; 21,094
(3) Recipients of disability assistance medical assistance 21,097
provided under Chapter 5115. of the Revised Code; 21,098
(4) Recipients of the program for medically handicapped 21,100
485
children established under section 3701.023 of the Revised Code; 21,102
(5) Recipients of the medicare program established under 21,104
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 21,107
U.S.C.A. 301, as amended; 21,108
(6) Recipients of Title V of the "Social Security Act"; 21,111
(7) Any other category of costs deemed appropriate by the 21,113
director in accordance with Title XIX of the "Social Security 21,115
Act" and the rules adopted under that title. 21,116
Sec. 5112.06. (A) For the purpose of making payments to 21,125
hospitals under the medical assistance program, there is hereby 21,126
imposed on each hospital an assessment on total facility costs at 21,127
a. THE rate AT WHICH A HOSPITAL IS to be ASSESSED SHALL BE 21,129
established each program year by the department of human 21,130
services, in accordance with division (B) of this section, in 21,131
rules adopted under section 5112.03 of the Revised Code.
(B) The department shall assess each hospital at the same 21,133
rate HOSPITALS IN A MANNER CONSISTENT WITH FEDERAL STATUTES AND 21,134
REGULATIONS. THE DEPARTMENT MAY ESTABLISH AN ASSESSMENT RATE 21,135
THAT IS THE SAME FOR ALL HOSPITALS OR MAY ESTABLISH TWO OR MORE 21,136
ASSESSMENT RATES THAT APPLY TO HOSPITALS ACCORDING TO CATEGORIES 21,137
THE DEPARTMENT ESTABLISHES BASED ON HOSPITALS' TOTAL FACILITY 21,138
COSTS. During any program year, the department shall not assess 21,139
hospitals ANY HOSPITAL at a rate greater than two per cent of 21,140
each THE hospital's total facility costs. 21,142
The department shall establish an assessment rate OR RATES 21,144
each program year that will do both of the following: 21,145
(1) Yield funds that, when combined with intergovernmental 21,147
transfers and federal matching funds, will produce a program of 21,148
sufficient size to pay a substantial portion of the indigent care 21,149
provided by hospitals; 21,150
(2) Yield funds that, when combined with intergovernmental 21,152
transfers and federal matching funds, will produce payments to 21,153
disproportionate share hospitals that do not exceed, in the 21,154
aggregate, the limits prescribed by the United States health care 21,156
486
financing administration under subparagraph SUBSECTION (f)(2)(A) 21,158
of section 1923 of the "Social Security Act," 49 Stat. 620 21,161
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended. 21,163
(C)(1) Except as provided in division (C)(3) of this 21,165
section, each hospital shall pay its assessment in periodic 21,166
installments in accordance with a schedule established by the 21,167
director of human services in rules adopted under section 5112.03 21,168
of the Revised Code. 21,169
(2) The installments shall be equal in amount, unless 21,172
either of the following applies:
(a) The department makes adjustments during a program year 21,174
under division (D) of section 5112.09 of the Revised Code in the 21,175
total amount of hospitals' assessments; 21,176
(b) The director of human services determines that 21,178
adjustments in the amounts of installments are necessary for the 21,180
administration of sections 5112.01 to 5112.21 of the Revised Code 21,181
and that unequal installments will not create cash flow 21,182
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 21,185
the Revised Code establishing alternate schedules for hospitals 21,186
to pay assessments under this section in order to reduce 21,187
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 21,196
require governmental hospitals to make intergovernmental 21,197
transfers each program year. The department shall not require 21,198
transfers in an amount that, when combined with hospital 21,199
assessments paid under section 5112.06 of the Revised Code and 21,200
federal matching funds, produce payments to disproportionate 21,201
share hospitals that, in the aggregate, exceed limits prescribed 21,202
by the United States health care financing administration under 21,204
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 21,205
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 21,206
as amended.
(B) Before or during each program year, the department 21,209
487
shall notify each governmental hospital of the amount of the 21,210
intergovernmental transfer it is required to make during the 21,211
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 21,212
this section in periodic installments, executed by electronic 21,213
fund transfer, in accordance with a schedule established in rules 21,214
adopted under section 5112.03 of the Revised Code. 21,215
Sec. 5112.08. The director of human services shall adopt 21,224
rules under section 5112.03 of the Revised Code establishing a 21,225
methodology to pay hospitals that is sufficient to expend all 21,226
money in the indigent care pool. Under the rules: 21,227
(A) The department of human services shall MAY classify 21,229
similar hospitals into groups and allocate funds for distribution 21,230
within each group. 21,231
(B) The department shall establish a method of allocating 21,233
funds to each group of hospitals, taking into consideration the 21,234
relative amount of indigent care provided by each HOSPITAL OR 21,235
group OF HOSPITALS. The amount to be allocated to each group 21,237
shall be based on any combination of the following indicators of 21,238
indigent care that the director considers appropriate: 21,239
(1) Total costs, volume, or proportion of services to 21,241
recipients of the medical assistance program, including 21,242
recipients enrolled in health insuring corporations; 21,244
(2) Total costs, volume, or proportion of services to 21,246
low-income patients in addition to recipients of the medical 21,247
assistance program, which may include recipients of Title V of 21,249
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 21,251
as amended, general assistance established under FORMER Chapter 21,253
5113. of the Revised Code, and disability assistance established 21,254
under Chapter 5115. of the Revised Code; 21,255
(3) The amount of uncompensated care provided by the 21,257
HOSPITAL OR GROUP OF hospitals; 21,258
(4) Other factors that the director considers to be 21,260
appropriate indicators of indigent care. 21,261
488
(C) The department shall distribute funds to hospitals in 21,263
each HOSPITAL OR group OF HOSPITALS in a manner that first may 21,264
provide for an additional payment to individual hospitals that 21,266
provide a high proportion of indigent care in relation to the 21,267
total care provided by the hospital or in relation to other 21,268
hospitals. The department shall establish a formula to 21,269
distribute the remainder of the funds allocated to the group to 21,270
all hospitals in the group. The formula shall be consistent with 21,271
section 1923 of the "Social Security Act," 42 U.S.C.A. 1396r-4, 21,273
as amended, and shall be based on any combination of the 21,275
indicators of indigent care listed in division (B) of this 21,276
section that the director considers appropriate. 21,277
(D) The department shall make payments to each hospital in 21,279
installments not later than ten working days after the deadline 21,280
established in rules for each hospital to pay an installment on 21,281
its assessment under section 5112.06 of the Revised Code. In the 21,282
case of a governmental hospital that makes intergovernmental 21,283
transfers, the department shall pay an installment under this 21,284
section not later than ten working days after the earlier of that 21,285
deadline or the deadline established in rules for the 21,286
governmental hospital to pay an installment on its 21,287
intergovernmental transfer. If the amount in the hospital care 21,288
assurance program fund and the hospital care assurance match fund 21,289
created under section 5112.18 of the Revised Code is insufficient 21,290
to make the total payments for which hospitals are eligible to 21,291
receive in any period, the department shall reduce the amount of 21,292
each payment by the percentage by which the amount is 21,293
insufficient. The department shall pay hospitals any amounts not 21,294
paid in the period in which they are due as soon as moneys are 21,295
available in the funds. 21,296
Sec. 5112.09. (A) Before or during each program year, the 21,305
department of human services shall mail to each hospital by 21,308
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 21,310
489
section 5112.06 of the Revised Code during the program year. The 21,311
department shall make the preliminary determination of each A 21,312
hospital's assessment by multiplying the rate established under 21,314
division (B) of section 5112.06 of the Revised Code THAT APPLIES 21,316
TO THAT HOSPITAL, by the hospital's total facility costs for the 21,318
hospital's most recent fiscal year ending in the calendar year 21,319
preceding the first day of July, except that:
(1) In the program year ending in 1995, the department 21,321
shall multiply the rate by the hospital's total facility costs 21,322
for the hospital's cost reporting period ending in state fiscal 21,323
year 1994;
(2) In program years ending in 1996 and thereafter, the 21,325
department shall multiply the rate by the hospital's total 21,326
facility costs for a cost-reporting period specified in rules 21,328
adopted under section 5112.03 of the Revised Code.
The department shall consult with hospitals each year when 21,330
determining the date on which it will mail the preliminary 21,331
determinations in order to minimize hospitals' cash flow 21,332
difficulties.
If no hospital submits a request for reconsideration under 21,334
division (B) of this section, the preliminary determination 21,335
constitutes the final reconciliation of each hospital's 21,336
assessment under section 5112.06 of the Revised Code. The final 21,337
reconciliation is subject to adjustments under division (D) of 21,338
this section. 21,339
(B) Not later than fourteen days after the preliminary 21,341
determinations are mailed, any hospital may submit to the 21,344
department a written request to reconsider the preliminary 21,345
determinations. The request shall be accompanied by written 21,346
materials setting forth the basis for the reconsideration. If 21,347
one or more hospitals submit a request, the department shall hold 21,348
a public hearing not later than thirty days after the preliminary 21,349
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 21,350
490
written notice of the date, time, and place of the hearing at 21,351
least ten days prior to the hearing. On the basis of the 21,352
evidence submitted to the department or presented at the public 21,353
hearing, the department shall reconsider and may adjust the 21,354
preliminary determinations. The result of the reconsideration is 21,355
the final reconciliation of the hospital's assessment under 21,356
section 5112.06 of the Revised Code. The final reconciliation is 21,357
subject to adjustments under division (D) of this section. 21,358
(C) The department shall mail to each hospital a written 21,361
notice of its assessment for the program year under the final 21,362
reconciliation. A hospital may appeal the final reconciliation 21,364
of its assessment to the court of common pleas of Franklin 21,365
county. While a judicial appeal is pending, the hospital shall 21,366
pay, in accordance with the schedules required by division (C) of 21,367
section 5112.06 of the Revised Code, any amount of its assessment 21,368
that is not in dispute into the hospital care assurance program 21,369
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 21,371
adjust the assessment rate OR RATES established in rules pursuant 21,372
to section 5112.06 of the Revised Code or adjust the amounts of 21,373
intergovernmental transfers required under section 5112.07 of the 21,374
Revised Code and, as a result of the adjustment, adjust each 21,376
hospital's assessment and intergovernmental transfer, to reflect 21,377
refinements made by the United States health care financing 21,378
administration during that program year to the limits it 21,379
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 21,381
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 21,384
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 21,386
assessment rate OR RATES must comply with division (B) of section 21,388
5112.06 of the Revised Code. An adjusted intergovernmental 21,389
transfer must comply with division (A) of section 5112.07 of the 21,391
Revised Code. The department shall notify hospitals of 21,392
adjustments made under this division and adjust for the remainder 21,393
of the program year the installments paid by hospitals under 21,394
491
sections 5112.06 and 5112.07 of the Revised Code in accordance 21,395
with rules adopted under section 5112.03 of the Revised Code.
Sec. 5112.17. (A) As used in this section: 21,404
(1) "Federal poverty guideline" means the official poverty 21,406
guideline as revised annually by the United States secretary of 21,407
health and human services in accordance with section 673 of the 21,408
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 21,409
U.S.C.A. 9902, as amended, for a family size equal to the size of 21,410
the family of the person whose income is being determined. 21,411
(2) "Third-party payer" means any private or public entity 21,413
or program that may be liable by law or contract to make payment 21,414
to or on behalf of an individual for health care services. 21,415
"Third-party payer" does not include a hospital. 21,416
(B) Each hospital that receives payments under sections 21,418
5112.01 to 5112.21 of the Revised Code shall provide, without 21,419
charge to the individual, basic, medically necessary 21,420
hospital-level services to individuals who are residents of this 21,421
state, are not recipients of the medical assistance program, and 21,422
whose income is INCOMES ARE at or below the federal poverty 21,424
guideline, EXCEPT FOR INDIVIDUALS WHO ARE RECIPIENTS OF THE
MEDICAL ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH 21,425
CARE PROGRAM AND INDIVIDUALS WHO ARE ELIGIBLE FOR THE MEDICAL 21,426
ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH CARE 21,427
PROGRAM BUT ARE NOT RECIPIENTS BECAUSE THEY HAVE NOT APPLIED. 21,428
Recipients of disability assistance under Chapter 5115. of the 21,429
Revised Code qualify for services under this section. The 21,430
department of human services shall adopt rules under section 21,431
5112.03 of the Revised Code specifying the hospital services to 21,432
be provided under this section. 21,433
(C) Hospitals may bill any third-party payer for services 21,435
rendered under this section. Hospitals may bill the medical 21,436
assistance program, in accordance with Chapter 5111. of the 21,437
Revised Code and the rules adopted under that chapter, for 21,438
services rendered under this section if the individual becomes a 21,439
492
recipient of the program. Hospitals may bill individuals for 21,440
services under this section if all of the following apply: 21,441
(1) The hospital has an established post-billing procedure 21,443
for determining the individual's income and canceling the charges 21,444
if the individual is found to qualify for services under this 21,445
section. 21,446
(2) The initial bill, and at least the first follow-up 21,448
bill, is accompanied by a written statement that does all of the 21,449
following: 21,450
(a) Explains that individuals with income at or below the 21,452
federal poverty guideline are eligible for services without 21,453
charge; 21,454
(b) Specifies the federal poverty guideline for 21,456
individuals and families of various sizes at the time the bill is 21,457
sent; 21,458
(c) Describes the procedure required by division (C)(1) of 21,460
this section. 21,461
(3) The hospital complies with any additional rules the 21,463
department adopts under section 5112.03 of the Revised Code. 21,464
Notwithstanding division (B) of this section, a hospital 21,466
providing care to an individual under this section is subrogated 21,467
to the rights of any individual to receive compensation or 21,468
benefits from any person or governmental entity for the hospital 21,469
goods and services rendered. 21,470
(D) Each hospital shall collect and report to the 21,472
department, in the form and manner prescribed by the department, 21,473
information on the number and identity of patients served 21,474
pursuant to this section. 21,475
(E) This section applies beginning May 22, 1992, 21,477
regardless of whether the department has adopted rules specifying 21,478
the services to be provided. Nothing in this section alters the 21,479
scope or limits the obligation of any governmental entity or 21,480
program, including the program awarding reparations to victims of 21,481
crime under sections 2743.51 to 2743.72 of the Revised Code and 21,482
493
the program for medically handicapped children established under 21,484
section 3701.023 of the Revised Code, to pay for hospital 21,485
services in accordance with state or local law. 21,486
Sec. 5115.01. (A) There is hereby established the 21,495
disability assistance program. Except as provided in division 21,496
(D) of this section, a disability assistance recipient shall 21,498
receive financial assistance. Except as provided in section 21,499
5115.11 of the Revised Code, a disability assistance recipient 21,500
also shall receive disability assistance medical assistance. 21,501
Except as provided by division (B) of this section, a 21,503
person who meets all of the following requirements is eligible 21,504
for disability assistance: 21,505
(1) The person is ineligible to participate in the Ohio 21,507
works first program established under Chapter 5107. of the 21,510
Revised Code and to receive supplemental security income provided 21,512
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 21,513
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 21,515
(a) Under age eighteen; 21,517
(b) Age sixty or older; 21,519
(c) Pregnant; 21,521
(d) Unable to do any substantial or gainful activity by 21,523
reason of a medically determinable physical or mental impairment 21,524
that can be expected to result in death or has lasted or can be 21,525
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 21,528
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 21,529
program certified by the department of alcohol and drug addiction 21,530
services under section 3793.06 of the Revised Code, including a 21,531
former recipient of supplemental security income who lost 21,532
eligibility for that program because of the enactment of 21,533
paragraph (b)(1) of section 105 of the "Contract With America 21,536
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 21,541
A person on a waiting list to participate in an alcohol or drug 21,543
494
addiction program, or otherwise not participating in a program 21,544
while waiting for treatment services at a program to become 21,545
available, is not an active participant. 21,546
(f) Medication dependent as determined by a physician, as 21,548
defined in section 4730.01 of the Revised Code, who has certified 21,549
to the county department of human services that the person is 21,550
receiving ongoing treatment for a chronic medical condition 21,551
requiring continuous prescription medication for an indefinite, 21,552
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 21,553
of employability lasting at least nine months. 21,554
(3) The person meets the eligibility requirements 21,556
established by the department of human services in rules adopted 21,557
under section 5115.05 of the Revised Code. 21,558
(B)(1) A person is ineligible for disability assistance if 21,560
the person is ineligible to participate in the Ohio works first 21,563
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 21,567
Code;
(b) The person's extended eligibility to participate in 21,570
the Ohio works first program made possible by the earned income 21,571
disregard established under division (D)(2) of section 5107.10 of 21,573
the Revised Code has ceased due to the limited number of months 21,574
the disregard is applied;
(c) The time limit established by section 5107.18 of the 21,577
Revised Code;
(d)(c) Failure to comply with an application or 21,579
verification procedure; 21,580
(e)(d) The fraud control program established pursuant to 21,583
45 C.F.R. 235.112, as in effect July 1, 1996. 21,584
(2) A person under age eighteen is ineligible for 21,586
disability assistance pursuant to division (B)(1)(a) of this 21,588
section only if the person caused the assistance group to be 21,589
ineligible to participate in the Ohio works first program or 21,591
495
resides with a person age eighteen or older who was a member of 21,592
the same ineligible assistance group. A person age eighteen or 21,593
older is ineligible for disability assistance pursuant to 21,594
division (B)(1)(a) of this section regardless of whether the 21,595
person caused the assistance group to be ineligible to 21,596
participate in the Ohio works first program.
(C) The county department of human services that serves 21,599
the county in which a person receiving disability assistance 21,600
pursuant to division (A)(2)(e) of this section participates in an 21,602
alcohol or drug addiction program shall designate a 21,603
representative payee for purposes of receiving and distributing 21,604
financial assistance provided under the disability assistance 21,605
program to the person.
(D) A person eligible for disability assistance pursuant 21,607
to division (A)(2)(f) of this section shall not receive financial 21,608
assistance.
(E) The department shall adopt rules in accordance with 21,610
section 111.15 of the Revised Code defining terms and 21,611
establishing standards for determining whether a person meets a 21,612
condition of disability assistance eligibility pursuant to this 21,613
section.
Sec. 5119.16. The EXCEPT AS OTHERWISE PROVIDED IN DIVISION 21,622
(G) OF THIS SECTION, THE department of mental health is hereby 21,623
designated to provide certain goods and services for the 21,624
department of mental health, the department of mental retardation 21,625
and developmental disabilities, the department of rehabilitation 21,626
and correction, the department of youth services, and other 21,627
state, county, or municipal agencies requesting such THESE goods 21,628
and services when the department of mental health determines that 21,630
it is in the public interest, and considers it advisable, to 21,631
provide these goods and services. The department of mental 21,632
health also may provide goods and services to agencies operated 21,633
by the United States government and to public or private 21,634
nonprofit agencies funded in whole or in part by the state if the 21,635
496
public or private nonprofit agencies are designated for 21,636
participation in this program by the director of mental health 21,637
for community mental health agencies, the director of mental 21,638
retardation and developmental disabilities for community mental 21,639
retardation and developmental disabilities agencies, the director 21,640
of rehabilitation and correction for community rehabilitation and 21,641
correction agencies, or the director of youth services for 21,642
community youth services agencies. The director of aging may 21,643
designate for participation community agencies holding a contract 21,644
with an area agency on aging established under the "Older 21,645
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 21,646
Designated community agencies shall receive goods and services 21,647
through the department of mental health only in those cases where 21,648
the designating state agency certifies that providing such THE 21,649
goods and services to the agency will conserve public resources 21,651
to the benefit of the public and where the provision of such THE 21,652
goods and services is considered feasible by the department of 21,654
mental health. 21,655
Purchases of goods or services under this section are not 21,657
subject to section 307.86 of the Revised Code. 21,658
(A) The goods and services to be provided by the 21,660
department of mental health may include THE FOLLOWING: 21,661
(1) Procurement, storage, processing, and distribution of 21,663
food and professional consultation on food operations; 21,664
(2) Procurement, storage, and distribution of medical and 21,666
laboratory supplies, dental supplies, medical records, forms, 21,667
optical supplies, and sundries, subject to section 5120.135 of 21,669
the Revised Code;
(3) Procurement, storage, repackaging, distribution, and 21,671
dispensing of drugs, the provision of professional pharmacy 21,672
consultation, and drug information services; 21,673
(4) Other goods and services as may be agreed to. 21,675
(B) The department of mental health shall provide the 21,677
goods and services designated in division (A) of this section to 21,678
497
its institutions and to state-operated community-based mental 21,679
health services. 21,680
(C) After consultation with and advice from the director 21,682
of mental retardation and developmental disabilities, the 21,683
director of rehabilitation and correction, and the director of 21,684
youth services AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 21,685
OF THIS SECTION, the department of mental health shall provide 21,686
the goods and services designated in division (A) of this section 21,687
to the department of mental retardation and developmental 21,688
disabilities, the department of rehabilitation and correction, 21,689
and the department of youth services. 21,690
(D) The cost of administration of this section shall be 21,692
determined by the department of mental health and paid by the 21,693
agencies receiving the goods and services to the department for 21,694
deposit in the state treasury to the credit of the mental health 21,695
fund, which is hereby created. The fund shall be used to pay the 21,696
cost of administration of this section to the department. 21,697
(E) If the goods or services designated in division (A) of 21,699
this section are not provided in a satisfactory manner by the 21,700
department of mental health, the director of mental retardation 21,701
and developmental disabilities, the director of rehabilitation 21,702
and correction, the director of youth services, or the managing 21,703
officer of a department of mental health institution shall 21,704
attempt to resolve unsatisfactory service with the director of 21,705
mental health. If, after such THE attempt, the provision of 21,706
goods or services continues to be unsatisfactory, the director or 21,708
officer shall notify the director of mental health. If within 21,709
thirty days of such AFTER THE notice the department of mental 21,710
health does not provide the specified goods and services in a 21,712
satisfactory manner, the director of mental retardation and 21,713
developmental disabilities, the director of rehabilitation and 21,714
correction, the director of youth services, or the managing 21,715
officer of the department of mental health institution shall 21,716
notify the director of mental health of the director's or 21,717
498
managing officer's intent to cease purchasing goods and services 21,719
from the department. Following a sixty-day cancellation period 21,720
from the date of such THAT notice, the department of mental 21,722
retardation, department of rehabilitation and correction, 21,723
department of youth services, or the department of mental health 21,724
institution may obtain the goods and services from a source other 21,725
than the department of mental health, if the department certifies 21,726
to the department of administrative services that the 21,727
requirements of this division have been met. 21,728
(F) Whenever a state agency fails to make a payment for 21,730
goods and services provided under this section within thirty-one 21,731
days after the date the payment was due, the office of budget and 21,732
management may transfer moneys from the state agency to the 21,733
department of mental health. The amount transferred shall not 21,734
exceed the amount of overdue payments. Prior to making a 21,735
transfer under this division, the office of budget and management 21,736
shall apply any credits the state agency has accumulated in 21,737
payments for goods and services provided under this section. 21,738
(G) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 21,740
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 21,741
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 21,742
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 21,743
Sec. 5123.60. (A) A legal rights service is hereby 21,752
created and established to protect and advocate the rights of 21,753
mentally ill persons, mentally retarded persons, developmentally 21,754
disabled persons, and other disabled persons who may be 21,755
represented by the service pursuant to division (L) of this 21,756
section; to receive and act upon complaints concerning 21,757
institutional and hospital practices and conditions of 21,758
institutions for mentally retarded or developmentally disabled 21,759
persons and hospitals for the mentally ill; and to assure that 21,760
all persons detained, hospitalized, discharged, or 21,761
institutionalized, and all persons whose detention, 21,762
hospitalization, discharge, or institutionalization is sought or 21,763
499
has been sought under this chapter or Chapter 5122. of the 21,764
Revised Code are fully informed of their rights and adequately 21,765
represented by counsel in proceedings under this chapter or 21,766
Chapter 5122. of the Revised Code and in any proceedings to 21,767
secure the rights of such persons. Notwithstanding the 21,768
definitions of "mentally retarded person" and "developmentally 21,769
disabled person" in section 5123.01 of the Revised Code, the 21,770
legal rights service shall determine who is a mentally retarded 21,771
or developmentally disabled person for purposes of this section 21,772
and sections 5123.601 to 5123.604 of the Revised Code. 21,773
(B) In regard to those persons detained, hospitalized, or 21,775
institutionalized under Chapter 5122. of the Revised Code, the 21,776
legal rights service shall undertake formal representation only 21,777
of those persons who are involuntarily detained, hospitalized, or 21,778
institutionalized pursuant to sections 5122.10 to 5122.15 of the 21,779
Revised Code, and those voluntarily detained, hospitalized, or 21,780
institutionalized who are minors, who have been adjudicated 21,781
incompetent, who have been detained, hospitalized, or 21,782
institutionalized in a public hospital, or who have requested 21,783
representation by the legal rights service. If a person referred 21,784
to in division (A) of this section voluntarily requests in 21,785
writing that the legal rights service terminate participation in 21,786
his THE PERSON'S case, such involvement shall cease. 21,787
(C) Any person voluntarily hospitalized or 21,789
institutionalized in a public hospital under division (A) of 21,790
section 5122.02 of the Revised Code, after being fully informed 21,791
of his THE PERSON'S rights pursuant to division (A) of this 21,792
section, may, by written request, waive assistance by the legal 21,794
rights service if the waiver is knowingly and intelligently made, 21,795
without duress or coercion. 21,796
The waiver may be rescinded at any time by the voluntary 21,798
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 21,799
RESIDENT'S legal guardian. 21,800
(D) The legal rights service commission is hereby created 21,802
500
for the purposes of appointing an administrator of the legal 21,803
rights service, advising the administrator, assisting the 21,804
administrator in developing a budget, and establishing general 21,805
policy guidelines for the legal rights service. The commission 21,806
may receive and act upon appeals of personnel decisions by the 21,807
administrator. 21,808
The commission shall consist of seven members. One member, 21,810
who shall serve as chairman CHAIRPERSON, shall be appointed by 21,811
the chief justice of the supreme court, three members shall be 21,813
appointed by the speaker of the house of representatives, and 21,814
three members shall be appointed by the president of the senate. 21,815
At least two members shall have experience in the field of 21,816
developmental disabilities and at least two members shall have 21,817
experience in the field of mental health. No member shall be a 21,818
provider or related to a provider of services to mentally 21,819
retarded, developmentally disabled, or mentally ill persons. 21,820
Terms of office shall be for three years, each term ending on the 21,821
same day of the month of the year as did the term which it 21,822
succeeds. Each member shall serve subsequent to the expiration 21,823
of his THE MEMBER'S term until his A successor is appointed and 21,825
qualifies, or until sixty days has elapsed, whichever occurs 21,826
first. All vacancies shall be filled in the manner prescribed 21,827
for the regular appointments to the commission and shall be 21,828
limited to the unexpired terms. No member shall serve more than 21,829
two consecutive terms. 21,830
The commission shall meet at least four times each year. 21,832
Members shall be reimbursed for their necessary and actual 21,833
expenses incurred in the performance of their official duties. 21,834
The administrator of the legal rights service shall be 21,836
appointed for a five-year term, subject to removal for mental or 21,837
physical incapacity to perform the duties of the office, 21,838
conviction of violation of any law relating to his THE 21,839
ADMINISTRATOR'S powers and duties, or other good cause shown. 21,841
The administrator shall be a person who has had special 21,843
501
training and experience in the type of work with which the legal 21,844
rights service is charged. If the administrator is not an 21,845
attorney, he THE ADMINISTRATOR shall seek legal counsel when 21,846
appropriate. The salary of the administrator shall be 21,848
established in accordance with section 124.14 of the Revised 21,849
Code.
(E) The legal rights service shall be completely 21,851
independent of the department of mental health and the department 21,852
of mental retardation and developmental disabilities and, 21,853
notwithstanding section 109.02 of the Revised Code, shall also be 21,854
independent of the office of the attorney general. The 21,855
administrator of the legal rights service, staff, and attorneys 21,856
designated by him THE ADMINISTRATOR to represent persons 21,857
detained, hospitalized, or institutionalized under this chapter 21,860
or Chapter 5122. of the Revised Code shall have ready access: 21,861
(1) During normal business hours and at other reasonable 21,863
times, to all records relating to expenditures of state and 21,864
federal funds or to the commitment, care, treatment, and 21,865
habilitation of all persons represented by the legal rights 21,866
service, including those who may be represented pursuant to 21,867
division (L) of this section, or persons detained, hospitalized, 21,868
institutionalized, or receiving services under this chapter or 21,869
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 21,870
records maintained by the following entities providing services 21,871
for those persons: departments; institutions; hospitals; 21,872
community residential facilities; boards of alcohol, drug 21,873
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 21,874
those boards; and any other entity providing services to persons 21,875
who may be represented by the service pursuant to division (L) of 21,876
this section;
(2) To any records maintained in computerized data banks 21,878
of the departments or boards or, in the case of persons who may 21,879
be represented by the service pursuant to division (L) of this 21,880
502
section, any other entity that provides services to those 21,881
persons;
(3) During their normal working hours, to personnel of the 21,883
departments, facilities, boards, agencies, institutions, 21,885
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 21,887
institutionalized; persons receiving services under this chapter 21,888
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 21,889
persons who may be represented by the service pursuant to 21,890
division (L) of this section.
(F) The administrator of the legal rights service shall: 21,892
(1) Administer and organize the work of the legal rights 21,894
service and establish administrative or geographic divisions as 21,895
he THE ADMINISTRATOR considers necessary, proper, and expedient; 21,896
(2) Adopt and promulgate rules and prescribe duties for 21,898
the efficient conduct of the business and general administration 21,899
of the legal rights service; 21,900
(3) Appoint and discharge employees, and hire such 21,902
experts, consultants, advisors, or other professionally qualified 21,903
persons as he THE ADMINISTRATOR considers necessary to carry out 21,904
the duties of the legal rights service; 21,906
(4) Apply for and accept grants of funds, and accept 21,908
charitable gifts and bequests; 21,909
(5) Prepare and submit a budget to the general assembly 21,911
for the operation of the legal rights service; 21,912
(6) Enter into contracts and make such expenditures as are 21,914
necessary for the efficient operation of the legal rights 21,915
service; 21,916
(7) Annually prepare a report of activities and submit 21,918
copies of the report to the governor, the chief justice of the 21,919
supreme court, the president of the senate, the speaker of the 21,920
house of representatives, the director of mental health, and the 21,921
director of mental retardation and developmental disabilities, 21,922
and make the report available to the public. 21,923
503
(G) The legal rights service may act directly or contract 21,925
with other organizations or individuals for the provision of the 21,926
services envisioned under this section. Whenever possible, the 21,927
administrator shall attempt to facilitate the resolution of 21,928
complaints through administrative channels. The administrator 21,929
may, when IF attempts at administrative resolution prove 21,930
unsatisfactory, initiate actions in mandamus and such other THE 21,931
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 21,933
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 21,934
to accomplish the purposes of this section. Relationships 21,935
between personnel and the agents of the legal rights service and 21,937
its clients shall be fiduciary relationships, and all 21,938
communications shall be confidential, as if between attorney and 21,939
client.
(H) The legal rights service, on the order of the 21,941
administrator, with the approval of the commission, may compel by 21,942
subpoena the appearance and sworn testimony of any person the 21,943
administrator reasonably believes may be able to provide 21,944
information or to produce any documents, books, records, papers, 21,945
or other information necessary to carry out its duties. 21,946
(I) The legal rights service may conduct public hearings. 21,948
(J) The legal rights service may request from any 21,950
governmental agency any cooperation, assistance, services, or 21,951
data that will enable it to perform its duties. 21,952
(K) In any malpractice action filed against the 21,954
administrator of the legal rights service, a member of the staff 21,955
of the legal rights service, or an attorney designated by the 21,956
administrator to perform legal services under division (E) of 21,957
this section, the state shall, when the administrator, member, or 21,958
attorney has acted in good faith and in the scope of his 21,959
employment, indemnify the administrator, member, or attorney for 21,960
any judgment awarded or amount negotiated in settlement, and for 21,961
any court costs or legal fees incurred in defense of the claim. 21,962
This division does not limit or waive, and shall not be 21,964
504
construed to limit or waive, any defense that is available to the 21,965
legal rights service, its administrator or employees, persons 21,966
under a personal services contract with it, or persons designated 21,967
under division (E) of this section, including, but not limited 21,968
to, any defense available under section 9.86 of the Revised Code. 21,969
(L) In addition to providing services to mentally ill, 21,971
mentally retarded, or developmentally disabled persons, when a 21,972
grant authorizing the provision of services to other individuals 21,973
is accepted pursuant to division (F)(4) of this section, the 21,974
legal rights service and its ombudsman OMBUDSPERSON section may 21,975
provide advocacy or ombudsman OMBUDSPERSON services to those 21,977
other individuals and exercise any other authority granted by 21,979
this section or sections 5123.601 to 5123.604 of the Revised Code 21,980
on behalf of those individuals. Determinations of whether an 21,981
individual is eligible for services under this division shall be 21,982
made by the legal rights service. 21,983
Sec. 5139.27. The department of youth services shall adopt 21,992
rules prescribing the minimum standards of construction for a 21,993
school, forestry camp, or other facility established under 21,994
section 2151.65 of the Revised Code for which financial 21,995
assistance may be granted to assist in defraying the cost of the 21,996
construction of such THE school, forestry camp, or other 21,997
facility. If an application for such THAT financial assistance 21,999
is filed with the department under section 2151.651 of the 22,001
Revised Code, and the department finds that the application is in 22,002
proper form and the specifications for the construction of such 22,003
THE school, forestry camp, or other facility meet the minimum 22,004
standards set forth in the rules adopted by the department, the 22,005
department may, from moneys available to it for granting 22,006
financial assistance for the construction of schools, forestry 22,007
camps, or other facilities established under section 2151.65 of 22,008
the Revised Code, grant financial assistance to the county making 22,009
such THE application, subject to the approval of the controlling 22,010
board, in an amount not to exceed one-half of the county's share 22,011
505
of the cost of construction of such THE school, forestry camp, or 22,012
other facility but not to exceed six thousand five hundred 22,014
dollars for each bed unit provided for in such THE school, 22,015
forestry camp, or other facility. No financial assistance shall 22,017
be granted for the construction of any school, forestry camp, or 22,018
other facility designed to accommodate more than one hundred 22,019
fifty children at any one time. As used in this section, 22,020
"construction" means the building and the initial equipping of 22,021
new structures and, to the extent provided for in rules adopted 22,022
by the department, the acquisition, remodeling, and initial 22,023
equipping of existing structures, excluding architect's fees and 22,024
the cost of land acquisition.
A county that receives financial assistance under this 22,026
section shall not be obligated to repay such THE assistance to 22,027
the state unless the school, forestry camp, or other facility for 22,029
which such THE assistance is granted is used within the ten-year 22,030
period immediately following its establishment for other than the 22,031
purpose of rehabilitating children between the ages of twelve to 22,032
eighteen years, other than psychotic or mentally retarded 22,033
children, who are designated delinquent, as defined in section 22,034
2151.02 of the Revised Code, or unruly, as defined in section 22,035
2151.022 of the Revised Code, by order of a juvenile court. If 22,036
the department of youth services finds that such THE school, 22,037
forestry camp, or other facility is used for other than such THAT 22,039
purpose within such THAT ten-year period, such THE county shall 22,041
be obligated to repay such THE assistance to the state and, 22,042
through its board of county commissioners, may enter into an 22,043
agreement with the director of budget and management for the 22,044
discharge of such THAT obligation over a period not to exceed ten 22,045
years in duration. Whenever a county is obligated to repay such 22,046
THAT assistance to the state and its board of county 22,048
commissioners fails to enter into or fails to comply with an 22,049
agreement for the discharge of such THAT obligation, the tax 22,051
commissioner, pursuant to section 5747.54 of the Revised Code, 22,052
506
shall withhold from distribution to such THE county from the 22,054
local government fund an amount sufficient to discharge such THE 22,055
county from such THAT obligation to the state. 22,056
Sec. 5139.271. Subject to the approval of the controlling 22,065
board, the department of youth services may grant and pay 22,066
financial assistance to defray the county's share of the cost of 22,067
acquiring or constructing a district detention home, established 22,068
under section 2151.34 of the Revised Code, to any county making 22,069
application under section 2151.3416 of the Revised Code if the 22,070
department finds that the application was made in accordance with 22,071
its rules and the home or the specifications for the home meet 22,072
minimum standards established by the department. No financial 22,073
assistance shall be granted for defraying the cost of architects' 22,074
fees or land. 22,075
The department shall adopt rules prescribing the minimum 22,077
standards of construction and condition of existing structures, 22,078
established under section 2151.34 of the Revised Code, for which 22,079
financial assistance is granted under this section. The 22,080
department may recommend programs of education and training and 22,081
the qualifications desired for personnel of a district detention 22,082
home. 22,083
The amount of financial assistance granted to any county 22,085
shall not exceed one-half of the county's share of the cost of 22,086
acquisition or construction of the home. The total of all state 22,087
assistance for any home shall not exceed six thousand five 22,088
hundred dollars for each bed unit provided for in such THE home. 22,089
No financial assistance shall be granted for the construction of 22,091
a home designed to accommodate more than one hundred fifty 22,092
children at any one time. 22,093
A county which receives financial assistance under this 22,095
section shall repay such THE assistance to the state if the home 22,096
for which such THE assistance is granted is used within the 22,098
ten-year period immediately following its establishment for 22,099
purposes other than those contained in section 2151.34 of the 22,100
507
Revised Code. A board of county commissioners which uses the 22,101
home for any other purpose within such THAT period shall enter 22,102
into an agreement with the director of budget and management for 22,105
the discharge of such THAT obligation over a period not to exceed 22,106
ten years. If a board of county commissioners fails to enter 22,107
into an agreement for the discharge of such THAT obligation, or 22,108
fails to comply with the terms of such an agreement, the director 22,110
shall direct the tax commissioner, pursuant to section 5747.54 of 22,111
the Revised Code, shall TO withhold from the distribution of the 22,112
local government fund an amount sufficient to discharge the 22,113
obligation.
As used in this section: 22,115
(A) "Construction" means the building and initial 22,117
equipping of new structures. 22,118
(B) "Acquisition" means "acquisition" as defined in the 22,120
rules of the department, which may include the purchase, 22,121
remodeling, and initial equipping of existing structures. 22,122
Sec. 5139.28. The department of youth services shall adopt 22,131
and promulgate rules prescribing the standards of operation, 22,132
programs of education, and training and qualifications of 22,133
personnel of a school, forestry camp, or other facility, 22,134
established under section 2151.65 of the Revised Code, for which 22,135
financial assistance may be granted to assist in defraying the 22,136
cost of the operation and maintenance of the school, forestry 22,137
camp, or other facility. If an application is made to the 22,138
department under section 2151.652 of the Revised Code for 22,139
financial assistance and the department finds that the 22,140
application is in proper form and the standards of operation, 22,141
programs of education, and training and qualifications of 22,142
personnel of the school, forestry camp, or other facility meet 22,143
the requirements of the rules of the department adopted under 22,144
this section, the department, from moneys made available to it 22,145
for the purpose of granting financial assistance under this 22,146
section, may grant financial assistance for the operation and 22,147
508
maintenance of the school, forestry camp, or other facility in an 22,148
amount not to exceed one-half of the cost of operating and 22,149
maintaining the school, forestry camp, or other facility. 22,150
The department shall not grant financial assistance for the 22,152
operation or maintenance of a school, forestry camp, or other 22,153
facility established under section 2151.65 of the Revised Code 22,154
unless it is used solely for the purpose of rehabilitating 22,155
children between twelve and eighteen years of age, other than 22,156
psychotic or mentally retarded children, who have been 22,157
adjudicated delinquent children or unruly children by order of a 22,158
juvenile court. The department shall not grant financial 22,159
assistance for the operation or maintenance of a school, forestry 22,160
camp, or other facility established under section 2151.65 of the 22,161
Revised Code that houses more than one hundred fifty children at 22,162
any one time. 22,163
Sec. 5139.281. The department of youth services shall 22,172
adopt rules prescribing the manner of application for financial 22,173
assistance under this section for the operation and maintenance 22,174
of a detention home provided, or district detention home 22,175
established, under section 2151.34 of the Revised Code and 22,176
prescribing minimum standards of operation, including criteria 22,177
for programs of education, training, counseling, recreation, 22,178
health, and safety, and qualifications of personnel with which a 22,179
home shall comply as a condition of eligibility for assistance 22,180
under this section. If the board of county commissioners 22,181
providing a detention home or the board of trustees of a district 22,182
detention home applies to the department for assistance and if 22,183
the department finds that the application is in accordance with 22,184
the rules adopted under this section and that the home meets the 22,185
minimum standards adopted under this section, the department may 22,186
grant assistance to the applicant board for the operation and 22,187
maintenance of each home in an amount not to exceed fifty per 22,188
cent of the approved annual operating cost. The board shall make 22,189
a separate application for each year for which assistance is 22,190
509
requested. The department shall not grant assistance for the 22,191
operation and maintenance of a home that is designed to 22,192
accommodate fewer than ten children or that houses more than one 22,193
hundred fifty children at any one time. 22,194
The department shall adopt any necessary rules for the 22,196
care, treatment, and training in a district detention home of 22,197
children found to be delinquent children and committed to the 22,198
home by the juvenile court under section 2151.355 of the Revised 22,199
Code and may approve for this purpose any home that is found to 22,200
be in compliance with the rules it adopts. 22,201
The department shall provide, at least once every six 22,203
months, in-service training programs for staff members of 22,204
detention homes or district detention homes and shall pay all 22,205
travel and other necessary expenses incurred by participating 22,206
staff members. 22,207
Sec. 5145.19. (A) THERE IS HEREBY ESTABLISHED A PILOT 22,210
PROGRAM, IN THE MANNER SPECIFIED IN DIVISION (B) OF THIS SECTION, 22,212
PURSUANT TO WHICH THE DEPARTMENT OF REHABILITATION AND CORRECTION 22,213
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE NORTHWEST OHIO CLOSE 22,217
SECURITY PRISON.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 22,220
DEPARTMENT NEED NOT COMPLY WITH SECTIONS 125.01 TO 125.11, 22,221
SECTIONS 4115.31 TO 4115.35, OR SECTION 5119.16 OF THE REVISED 22,223
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE NORTHWEST 22,225
OHIO CLOSE SECURITY PRISON. THE DEPARTMENT SHALL COMPLY WITH 22,226
DIVISION (B) OF SECTION 125.11 OF THE REVISED CODE WHEN IT 22,229
PURCHASES SUPPLIES AND SERVICES FOR THE PRISON. THE DEPARTMENT 22,230
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE PRISON THAT ARE 22,231
AVAILABLE AND PRODUCED BY PROGRAMS FOR THE EMPLOYMENT OF 22,232
PRISONERS ESTABLISHED UNDER SECTION 5145.16 OF THE REVISED CODE. 22,234
PRICES PAID FOR SUPPLIES AND SERVICES PURCHASED FOR THE 22,236
NORTHWEST OHIO CLOSE SECURITY PRISON SHALL BE FAIR AND REASONABLE 22,238
AND SHALL NOT BE GREATER THAN THE USUAL PRICES THE DEPARTMENT OF 22,239
REHABILITATION AND CORRECTION MUST PAY TO THE DEPARTMENT OF 22,240
510
ADMINISTRATIVE SERVICES FOR SUPPLIES AND SERVICES PURCHASED UNDER 22,241
TERM CONTRACTS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 22,242
PREFERENCE SHALL BE GIVEN IN PURCHASING SUPPLIES AND SERVICES FOR 22,243
THE PRISON, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF SECTION 22,245
5120.24 OF THE REVISED CODE, TO VENDORS IN THE AREA IN WHICH THE 22,248
PRISON IS LOCATED AS LONG AS THE PRICE PAID IS FAIR AND 22,249
REASONABLE AND IS NOT GREATER THAN THE USUAL PRICE.
ONE-HALF OF ANY AMOUNTS SAVED AS A RESULT OF PURCHASES MADE 22,253
UNDER THIS DIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE
GENERAL REVENUE FUND OF THE STATE, AND THE OTHER HALF OF THOSE 22,254
AMOUNTS SAVED SHALL BE USED FOR EDUCATIONAL OR REHABILITATION 22,255
PROGRAMS AT THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 22,256
DETERMINED BY THE PRISON'S WARDEN. 22,257
Sec. 5145.20. (A) THE DIRECTOR OF REHABILITATION AND 22,260
CORRECTION SHALL ISSUE, NOT LATER THAN TWO YEARS AFTER THE 22,261
OPENING OF THE NORTHWEST OHIO CLOSE SECURITY PRISON, A 22,262
PRELIMINARY REPORT, AND SHALL ISSUE, NOT LATER THAN FIVE YEARS 22,263
AFTER THE OPENING OF THE PRISON, A FINAL REPORT, THAT EVALUATES 22,264
THE PILOT PROGRAM DESCRIBED IN DIVISION (B) OF SECTION 5145.19 OF 22,266
THE REVISED CODE. THE DIRECTOR SHALL FORWARD A COPY OF THE 22,267
PRELIMINARY AND FINAL REPORTS TO THE GOVERNOR, SPEAKER OF THE 22,268
HOUSE OF REPRESENTATIVES, PRESIDENT OF THE SENATE, AND 22,269
CORRECTIONAL INSTITUTION INSPECTION COMMITTEE. 22,270
THE COMMITTEE SHALL CONDUCT A HEARING ON EACH REPORT THAT 22,272
IT RECEIVES. IT SHALL INVITE TO EACH HEARING ON A REPORT THE 22,273
PERSON WHO WAS THE PRIMARY SPONSOR OF THE ACT, OR OF THE 22,274
AMENDMENT TO THE ACT, PASSED BY THE GENERAL ASSEMBLY THAT ENACTED 22,275
THIS SECTION, AND THE PRIMARY SPONSOR MAY COMMENT ON THE REPORT. 22,276
(B) THE PRELIMINARY AND FINAL REPORTS SHALL DESCRIBE THE 22,278
EFFORTS OF THE DEPARTMENT TO IMPLEMENT THE PILOT PROGRAM; 22,279
EVALUATE THOSE EFFORTS; IDENTIFY ANY BENEFITS RESULTING FROM THE 22,281
PILOT PROGRAM ON PRISON OPERATIONS; IDENTIFY ANY FINANCIAL 22,282
BENEFITS ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM; 22,283
EVALUATE THE IMPACT OF THE PILOT PROGRAM ON THE COMMUNITY NEAR 22,284
511
THE PRISON; AND RECOMMEND ANY NECESSARY CHANGES IN THE PILOT 22,285
PROGRAM. THE DEPARTMENT SHALL DETERMINE THE FINANCIAL BENEFITS 22,286
ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM, AMONG OTHER 22,287
THINGS, BY CONDUCTING AN AUDIT OF PURCHASES MADE UNDER DIVISION 22,289
(B) OF SECTION 5145.19 OF THE REVISED CODE TO DETERMINE THE 22,290
AMOUNT OF SAVINGS REALIZED THROUGH THOSE PURCHASES. THE 22,291
PRELIMINARY AND FINAL REPORTS ALSO SHALL DETERMINE WHETHER ANY OF 22,292
THOSE FINANCIAL BENEFITS COULD BE DUPLICATED IF THE PILOT PROGRAM 22,293
WERE EXTENDED TO SOME OR ALL OTHER STATE CORRECTIONAL 22,294
INSTITUTIONS.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 22,303
the Revised Code:
(A) "Agency" means any administrative or operational 22,305
division, including an office, department, bureau, board, 22,306
commission, or authority, of the state or of a political 22,307
subdivision thereof, including volunteer agencies, organizations, 22,308
or departments. 22,309
(B) "Attack" means any attack, either actual or imminent, 22,311
or a series of attacks by an actual or potential enemy of the 22,312
United States or by a foreign nation upon the United States that 22,313
causes or may cause substantial damage to or destruction of life, 22,314
property, or the environment within the United States or that is 22,315
designed to injure the military or economic strength of the 22,316
United States. "Attack" includes, without limitation, acts of 22,317
sabotage, acts of terrorism, invasion, the use of bombs or 22,318
shellfire, conventional, nuclear, chemical, or biological 22,319
warfare, and the use of other weapons or processes. 22,320
(C) "Chief executive" means the president of the United 22,322
States, the governor of this state, the board of county 22,323
commissioners of any nonchartered county, the executive authority 22,324
of any county established under Section 3 of Article X, Ohio 22,325
Constitution, or Chapter 302. of the Revised Code, the board of 22,326
township trustees of any township, or the mayor or city manager 22,327
of any municipal corporation within this state. 22,328
512
(D) "Civil defense" is an integral part of emergency 22,330
management that includes all those activities and measures 22,331
designed or undertaken to minimize the effects upon the civilian 22,332
population caused or which THAT would be caused by any hazard and 22,334
to effect emergency repairs to, or the emergency restoration of, 22,335
vital equipment, resources, supplies, utilities, and facilities 22,336
necessary for survival and for the public health, safety, and 22,337
welfare that would be damaged or destroyed by any hazard. "Civil 22,338
defense" includes, but is not limited to: 22,339
(1) Those measures to be taken during a hazard, including 22,341
all of the following: 22,342
(a) The enforcement of those passive defense regulations 22,344
necessary for the protection of the civilian population and 22,345
prescribed by duly established military or civil authorities; 22,346
(b) The evacuation of personnel to shelter areas; 22,348
(c) The control of traffic and panic situations; 22,350
(d) The control and use of emergency communications, 22,352
lighting, and warning equipment and systems. 22,353
(2) Those measures to be taken after a hazard has 22,355
occurred, including all of the following: 22,356
(a) Activities necessary for fire fighting FIREFIGHTING, 22,358
rescue, emergency, medical, health, and sanitation services; 22,360
(b) Monitoring for secondary hazards that could be caused 22,362
from the initiating event; 22,363
(c) Damage assessment and disaster analysis operations; 22,365
(d) Coordination of disaster assistance programs; 22,367
(e) Monitoring for effects from weapons; 22,369
(f) Unexploded bomb reconnaissance; 22,371
(g) Essential debris clearance; 22,373
(h) Decontamination operations; 22,375
(i) Documentation of operations and financial expenses; 22,377
(j) Resource control; 22,379
(k) Any other activities that may be necessary for 22,381
survival and the overall health, safety, and welfare of the 22,382
513
civilian population. 22,383
(E) "Disaster" means any imminent threat or actual 22,385
occurrence of widespread or severe damage to or loss of property, 22,386
personal hardship or injury, or loss of life that results from 22,387
any natural phenomenon or act of man A HUMAN. 22,388
(F) "Emergency" means any period during which the congress 22,390
of the United States or a chief executive has declared or 22,391
proclaimed that an emergency exists. 22,392
(G) "Emergency management" includes all emergency 22,394
preparedness and civil defense activities and measures, whether 22,395
or not mentioned or described in sections 5502.21 to 5502.51 of 22,397
the Revised Code, that are designed or undertaken to minimize the 22,398
effects upon the civilian population caused or that could be 22,399
caused by any hazard and that are necessary to address 22,400
mitigation, emergency preparedness, response, and recovery. 22,401
(H) "Emergency preparedness" is an integral part of 22,403
emergency management that includes those activities and measures 22,404
designed or undertaken in preparation for any hazard, including, 22,406
but not limited to, natural disasters and hazards involving 22,407
hazardous materials or radiological materials, and that will 22,409
enhance the probability for preservation of life, property, and 22,410
the environment. "Emergency preparedness" includes, without
limitation: 22,411
(1) The establishment of appropriate agencies and 22,413
organizations; 22,414
(2) The development of necessary plans and standard 22,416
operating procedures for mitigation, preparation, response, and 22,417
recovery purposes, including, without limitation, the development 22,418
of supporting agreements and memorandums of understanding; 22,419
(3) Hazard identification; 22,421
(4) Capability assessment; 22,423
(5) The recruitment, retention, and training of personnel; 22,425
(6) The development, printing, and distribution of 22,427
emergency public information, education, and training materials 22,428
514
and programs; 22,429
(7) The necessary conduct of research; 22,431
(8) The development of resource inventories; 22,433
(9) The procurement and stockpiling of equipment, food, 22,435
water, medical supplies, and any other supplies necessary for 22,436
survival and for the public health, safety, and welfare; 22,437
(10) The development and construction of public shelter 22,439
facilities and shelter spaces; 22,440
(11) The development and construction of emergency 22,442
operations centers for the conduct and support of coordination, 22,443
direction, and control activities; 22,444
(12) When appropriate and considered necessary, the 22,446
nonmilitary evacuation or temporary relocation of the civilian 22,447
population. 22,448
(I) "Hazard" means any actual or imminent threat to the 22,450
survival or overall health, safety, or welfare of the civilian 22,451
population that is caused by any natural, man-made HUMAN-MADE, or 22,453
technological event. "Hazard" includes, without limitation, an 22,454
attack, disaster, and emergency. 22,455
(J) "Hazard identification" means an identification, 22,457
historical analysis, inventory, or spatial distribution of risks 22,458
that could affect a specific geographical area and that would 22,459
cause a threat to the survival, health, safety, or welfare of the 22,460
civilian population, the property of that population, or the 22,461
environment. 22,462
(K) "Law" includes a general or special statute, law, 22,464
local law, ordinance, resolution, rule, order, or rule of common 22,465
law. 22,466
(L) "Mitigation" means all those activities that reduce or 22,468
eliminate the probability of a hazard. "Mitigation" also 22,469
includes long-term activities and measures designed to reduce the 22,470
effects of unavoidable hazards. 22,471
(M) "Political subdivision" means a county, township, or 22,473
municipal corporation in this state. 22,474
515
(N) "Recovery" includes all those activities required and 22,476
necessary to return an area to its former condition to the extent 22,477
possible following the occurrence of any hazard. 22,478
(O) "Response" includes all those activities that occur 22,480
subsequent to any hazard and that provide emergency assistance 22,481
from the effects of any such hazard, reduce the probability of 22,482
further injury, damage, or destruction, and are designed or 22,483
undertaken to speed recovery operations. 22,484
(P) "Structure" includes shelters, additions to or 22,486
alterations of existing buildings, and portions of existing 22,487
buildings dedicated to public use, made and designed exclusively 22,488
for protection against the shock or other effects of nuclear, 22,489
biological, or chemical warfare, special housing for equipment, 22,490
and all other structural means of protection of individuals and 22,491
property against any hazard. 22,492
(Q) "Equipment" includes fire-fighting, first-aid, 22,494
emergency medical, hospital, salvage, and rescue equipment and 22,495
materials, equipment for evacuation or relocation of individuals, 22,496
radiological monitoring equipment, hazardous materials response 22,497
gear, communications equipment, warning equipment, and all other 22,498
means, in the nature of personal property, to be used exclusively 22,499
in the protection of individuals and property against the effects 22,500
of any hazard. 22,501
(R) "Certifying authority" means the deputy EXECUTIVE 22,503
director of the emergency management agency provided for by 22,505
section 5502.22 of the Revised Code. 22,507
(S) "Civil defense certificate" means a civil defense 22,509
certificate of necessity issued pursuant to section 5502.42 of 22,511
the Revised Code. 22,512
Sec. 5502.22. (A) There is hereby established within the 22,522
department of public safety an emergency management agency, which 22,523
shall be governed under rules adopted by the director of public 22,525
safety under section 5502.25 of the Revised Code. The director, 22,527
with the concurrence of the governor, shall appoint a deputy AN 22,528
516
EXECUTIVE director, who shall be head of the emergency management 22,530
agency. The deputy EXECUTIVE director may appoint a chief 22,533
executive assistant, executive assistants, and administrative and 22,535
technical personnel within that agency as may be necessary to 22,536
plan, organize, and maintain emergency management adequate to the 22,537
needs of the state. The deputy EXECUTIVE director shall 22,538
coordinate all activities of all agencies for emergency 22,539
management within the state, shall maintain liaison with similar 22,540
agencies of other states and of the federal government, shall 22,541
cooperate with those agencies subject to the approval of the 22,542
governor, and shall develop a statewide emergency operations plan 22,543
that shall meet any applicable federal requirements for such 22,544
plans. The deputy EXECUTIVE director shall have such additional 22,546
authority, duties, and responsibilities as are prescribed by the 22,547
governor and the director or provided by law in all matters 22,549
relating to emergency management that may be reflected in other 22,551
sections of the Revised Code. The deputy EXECUTIVE director 22,553
shall advise the governor and director on matters pertaining to 22,554
emergency management on a regular basis.
Whenever the disaster services agency or director is 22,556
referred to or designated in any statute, rule, contract, or 22,557
other document, the reference or designation shall be deemed to 22,558
refer to the emergency management agency or deputy EXECUTIVE 22,559
director, as the case may be. 22,561
(B) For the purposes of emergency management, the deputy 22,563
EXECUTIVE director, with the approval of the director, may 22,565
participate in federal programs, accept grants from, and enter 22,566
into cooperative agreements or contractual arrangements with any 22,567
federal, state, or local department, agency, or subdivision 22,568
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 22,569
duties of other federal, state, or local departments, agencies, 22,570
subdivisions, or officials, or private agencies, the deputy 22,571
EXECUTIVE director shall cooperate with, and not infringe upon 22,573
517
the rights and duties of, the other public or private entities. 22,574
Funds made available by the United States for the use of 22,576
the emergency management agency shall be expended by that agency 22,577
only for the purposes for which the funds were appropriated. In 22,578
accepting federal funds, the emergency management agency shall 22,580
abide by the terms and conditions of the grant, cooperative 22,581
agreement, or contractual arrangement and shall expend the funds 22,582
in accordance with the laws and regulations of the United States. 22,583
Sec. 5502.25. The director of public safety, in accordance 22,592
with Chapter 119. of the Revised Code, shall adopt, may amend or 22,594
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 22,596
for its people against any hazard. The rules shall be made 22,597
available for public inspection at the emergency operations 22,599
center/joint dispatch facility and at such other places and 22,600
during such reasonable hours as fixed by the deputy EXECUTIVE 22,601
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 22,610
of the Revised Code, the governor shall utilize the services, 22,613
equipment, supplies, and facilities of existing agencies of the 22,614
state and of the political subdivisions thereof to the maximum 22,615
extent practicable, and the officers and personnel of all such 22,616
agencies shall cooperate with and extend such services, 22,617
equipment, supplies, and facilities to the governor and to the 22,618
deputy EXECUTIVE director of the emergency management agency upon 22,620
request.
Every agency for emergency management established pursuant 22,622
to sections 5502.21 to 5502.51 of the Revised Code and every 22,624
political subdivision that has established a program for 22,625
emergency management under section 5502.271 of the Revised Code, 22,626
and the officers thereof, shall execute and enforce any emergency 22,628
management orders and rules issued or adopted by the director of 22,629
public safety. 22,630
Sec. 5502.34. No person shall be employed or associated in 22,639
518
any capacity in any position or agency established under sections 22,640
5502.21 to 5502.51 of the Revised Code who advocates or has 22,641
advocated a change by force or violence in the constitutional 22,642
form of the government of the United States or of this state or 22,643
who has been convicted of or is under indictment or information 22,644
charging any subversive act against the United States or this 22,645
state. Each person who is appointed to serve in any position in 22,646
emergency management or in an agency for emergency management, 22,647
before entering upon his THE PERSON'S duties, shall register, in 22,648
writing, his THE PERSON'S name, address, and any other necessary 22,649
information pertaining to his THE PERSON'S qualifications and 22,650
choice of type of service and shall take an oath before the 22,652
deputy EXECUTIVE director of the emergency management agency or 22,653
local emergency management director or deputy director, or any 22,654
other person authorized to administer oaths in this state, which 22,655
oath shall be as follows: 22,656
"I, ........................, do solemnly swear (or affirm) 22,658
that I will support and defend the constitution of the United 22,659
States and the constitution of the state of Ohio, against all 22,660
enemies, foreign and domestic; that I will bear true faith and 22,661
allegiance to the same; that I will obey the orders of the 22,662
governor of the state of Ohio; that I take this obligation 22,663
freely, without any mental reservation or purpose of evasion; and 22,664
that I will faithfully discharge the duties upon which I am about 22,665
to enter. 22,666
"And I do further swear (or affirm) that I do not advocate, 22,668
nor am I a member of any political party or organization that 22,669
advocates, the overthrow of the government of the United States 22,670
or of this state by force or violence; and that during such time 22,671
as I am engaged in emergency management employment or activities, 22,672
I will not advocate nor become a member of any political party or 22,673
organization that advocates the overthrow of the government of 22,674
the Unites UNITED States or of this state by force or violence." 22,676
Sec. 5703.05. All powers, duties, and functions of the 22,685
519
department of taxation are vested in and shall be performed by 22,686
the tax commissioner, which powers, duties, and functions shall 22,687
include, but shall not be limited to, the following: 22,688
(A) Prescribing all blank forms which the department is 22,690
authorized to prescribe, and to provide such forms and distribute 22,691
the same as required by law and the rules of the department. The 22,692
tax commissioner shall include a mail-in registration form 22,693
prescribed in section 3503.14 of the Revised Code within the 22,694
return and instructions for the tax levied in odd-numbered years 22,695
under section 5747.02 of the Revised Code, beginning with the tax 22,696
levied for the first odd-numbered year after the effective date 22,697
of this amendment 1995. The secretary of state shall bear all 22,698
costs for the inclusion of the mail-in registration form. That 22,699
form shall be addressed for return to the office of the secretary 22,700
of state.
(B) Exercising the authority provided by law, INCLUDING 22,702
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 22,704
taxes or assessments, including penalties and interest thereon, 22,705
illegally or erroneously assessed or collected, or for any other 22,706
reason overpaid, and in addition, the commissioner may on written 22,707
application of any person, firm, or corporation claiming to have 22,708
overpaid to the treasurer of state at any time within five years 22,709
prior to the making of such application any tax payable under any 22,710
law which the department of taxation is required to administer 22,711
which does not contain any provision for refund, or on his THE 22,712
COMMISSIONER'S own motion investigate the facts and make in 22,713
triplicate a written statement of his THE COMMISSIONER'S 22,714
findings, and, if he THE COMMISSIONER finds that there has been 22,715
an overpayment, issue in triplicate a certificate of abatement 22,716
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 22,717
representative which shows the amount of the overpayment and the 22,718
kind of tax overpaid. One copy of such statement shall be 22,719
entered on the journal of the commissioner, one shall be
certified to the attorney general, and one certified copy shall 22,721
520
be delivered to the taxpayer. All copies of the certificate of 22,722
abatement shall be transmitted to the attorney general, and if he 22,723
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 22,724
GENERAL shall so certify on each copy, and deliver one copy to 22,725
the taxpayer, one copy to the commissioner, and the third copy to 22,726
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 22,728
certificates of abatement may be tendered by the payee or 22,729
transferee thereof to the treasurer of state as payment, to the 22,730
extent of the amount thereof, of any tax payable to the treasurer 22,731
of state.
(C) Exercising the authority provided by law relative to 22,733
consenting to the compromise and settlement of tax claims; 22,734
(D) Exercising the authority provided by law relative to 22,736
the use of alternative tax bases by taxpayers in the making of 22,737
personal property tax returns; 22,738
(E) Exercising the authority provided by law relative to 22,740
authorizing the prepayment of taxes on retail sales of tangible 22,741
personal property or on the storage, use, or consumption of 22,742
personal property, and waiving the collection of such taxes from 22,743
the consumers; 22,744
(F) Exercising the authority provided by law to revoke 22,746
licenses; 22,747
(G) Maintaining a continuous study of the practical 22,749
operation of all taxation and revenue laws of the state, the 22,750
manner in which and extent to which such laws provide revenues 22,751
for the support of the state and its political subdivisions, the 22,752
probable effect upon such revenue of possible changes in existing 22,753
laws, and the possible enactment of measures providing for other 22,754
forms of taxation. For this purpose the commissioner may 22,755
establish and maintain a division of research and statistics, and 22,756
may appoint necessary employees who shall be in the unclassified 22,757
civil service; the results of such study shall be available to 22,758
the members of the general assembly and the public. 22,759
521
(H) Making all tax assessments, valuations, findings, 22,761
determinations, computations, and orders the department of 22,762
taxation is by law authorized and required to make and, pursuant 22,763
to time limitations provided by law, on his THE COMMISSIONER'S 22,764
own motion, reviewing, redetermining, or correcting any tax 22,765
assessments, valuations, findings, determinations, computations, 22,766
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 22,767
shall not review, redetermine, or correct any tax assessment, 22,768
valuation, finding, determination, computation, or order which he 22,769
THE COMMISSIONER has made as to which an appeal or application 22,770
for rehearing, review, redetermination, or correction has been 22,771
filed with the board of tax appeals, unless such appeal or 22,772
application is withdrawn by the appellant or applicant or 22,773
dismissed; 22,774
(I) Appointing not more than five deputy tax 22,776
commissioners, who, under such regulations as the rules of the 22,777
department of taxation prescribe, may act for the commissioner in 22,778
the performance of such duties as he THE COMMISSIONER prescribes 22,779
in the administration of the laws which he THE COMMISSIONER is 22,780
authorized and required to administer, and who shall serve in the 22,781
unclassified civil service at the pleasure of the commissioner, 22,782
but if a person who holds a position in the classified service is 22,783
appointed, it shall not affect the civil service status of such 22,784
person;
(J) Appointing and prescribing the duties of all other 22,786
employees of the department of taxation necessary in the 22,787
performance of the work of the department which the tax 22,788
commissioner is by law authorized and required to perform, and 22,789
creating such divisions or sections of employees as, in his THE 22,790
COMMISSIONER'S judgment, is proper; 22,791
(K) Organizing the work of the department, which he THE 22,793
COMMISSIONER is by law authorized and required to perform, so 22,794
that, in his THE COMMISSIONER'S judgment, an efficient and 22,795
economical administration of the laws will result; 22,796
522
(L) Maintaining a journal, which is open to public 22,798
inspection, in which he THE COMMISSIONER shall keep a record of 22,799
all actions taken by him THE COMMISSIONER relating to assessments 22,801
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 22,803
section 5703.14 of the Revised Code, all rules of the department, 22,804
including rules for the administration of sections 3517.16, 22,805
3517.17, and 5747.081 of the Revised Code; 22,806
(N) Destroying any or all returns or assessment 22,808
certificates in the manner authorized by law; 22,809
(O) Adopting rules, in accordance with division (B) of 22,811
section 325.31 of the Revised Code, governing the expenditure of 22,812
moneys from the real estate assessment fund under that division. 22,813
Sec. 5703.21. (A) Except as provided in divisions (B), 22,822
(C), (D), and (E) of this section, no agent of the department of 22,824
taxation, except in the agent's report to the department or when 22,825
called on to testify in any court or proceeding, shall divulge 22,826
any information acquired by the agent as to the transactions, 22,827
property, or business of any person while acting or claiming to 22,828
act under orders of the department. Whoever violates this 22,829
provision shall thereafter be disqualified from acting as an 22,830
officer or employee or in any other capacity under appointment or 22,831
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 22,833
of the Revised Code, or an audit of the department pursuant to 22,834
Chapter 117. of the Revised Code, or an audit, pursuant to such 22,835
THAT chapter, the objective of which is to express an opinion on 22,837
a financial report or statement prepared or issued pursuant to 22,838
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 22,841
Code, the officers and employees of the auditor of state charged 22,842
with conducting the audit shall have access to and the right to 22,843
examine any state tax returns and state tax return information in 22,844
the possession of the department to the extent that such THE 22,845
access and examination are necessary for purposes of the audit. 22,847
523
Any information acquired as the result of such THAT access and 22,848
examination shall not be divulged for any purpose other than as 22,850
required for such THE audit or unless the officers and employees 22,851
are required to testify in a court or proceeding under compulsion 22,853
of legal process. Whoever violates this provision shall 22,854
thereafter be disqualified from acting as an officer or employee 22,855
or in any other capacity under appointment or employment of the 22,856
auditor of state. 22,857
(2) As provided by section 6103(d)(2) of the Internal 22,859
Revenue Code, any federal tax returns or federal tax information 22,860
which the department has acquired from the internal revenue 22,861
service, through federal and state statutory authority, may be 22,862
disclosed to the auditor of state solely for purposes of an audit 22,863
of the department. 22,864
(C) Division (A) of this section does not prohibit 22,866
divulging information contained in applications, complaints, and 22,867
related documents filed with the department under section 5715.27 22,868
of the Revised Code, or in applications filed with the department 22,869
under section 5715.39 of the Revised Code. 22,870
(D) Division (A) of this section does not prohibit the 22,872
department of taxation providing information to the division of 22,873
child support within the department of human services, or a child 22,874
support enforcement agency, pursuant to division (G)(2) of 22,875
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 22,878
disclosure to the board of motor vehicle collision repair 22,879
registration of any information in the possession of the 22,880
department that is necessary for the board to verify the 22,882
existence of an applicant's valid vendor's license and current 22,883
state tax identification number under section 4775.07 of the
Revised Code. 22,884
Sec. 5709.62. (A) In any municipal corporation that is 22,893
defined by the United States office of management and budget as a 22,894
central city of a metropolitan statistical area, the legislative 22,895
524
authority of the municipal corporation may designate one or more 22,896
areas within its municipal corporation as proposed enterprise 22,897
zones. Upon designating an area, the legislative authority shall 22,898
petition the director of development for certification of the 22,899
area as having the characteristics set forth in division (A)(1) 22,900
of section 5709.61 of the Revised Code as amended by Substitute 22,901
Senate Bill No. 19 of the 120th general assembly. Except as 22,902
otherwise provided in division (E) of this section, on and after 22,903
July 1, 1994, legislative authorities shall not enter into 22,904
agreements under this section unless the legislative authority 22,905
has petitioned the director and the director has certified the 22,906
zone under this section as amended by that act; however, all 22,907
agreements entered into under this section as it existed prior to 22,908
July 1, 1994, and the incentives granted under those agreements 22,909
shall remain in effect for the period agreed to under those 22,910
agreements. Within sixty days after receiving such a petition, 22,911
the director shall determine whether the area has the 22,912
characteristics set forth in division (A)(1) of section 5709.61 22,913
of the Revised Code, and shall forward the findings to the 22,915
legislative authority of the municipal corporation. If the 22,916
director certifies the area as having those characteristics, and 22,917
thereby certifies it as a zone, the legislative authority may 22,918
enter into an agreement with an enterprise under division (C) of 22,919
this section. 22,920
(B) Any enterprise that wishes to enter into an agreement 22,922
with a municipal corporation under division (C) of this section 22,923
shall submit a proposal to the legislative authority of the 22,924
municipal corporation on a form prescribed by the director of 22,925
development, together with the application fee established under 22,926
section 5709.68 of the Revised Code. The form shall require the 22,927
following information: 22,928
(1) An estimate of the number of new employees whom the 22,930
enterprise intends to hire, or of the number of employees whom 22,931
the enterprise intends to retain, within the zone at a facility 22,932
525
that is a project site, and an estimate of the amount of payroll 22,933
of the enterprise attributable to these employees; 22,934
(2) An estimate of the amount to be invested by the 22,936
enterprise to establish, expand, renovate, or occupy a facility, 22,937
including investment in new buildings, additions or improvements 22,938
to existing buildings, machinery, equipment, furniture, fixtures, 22,939
and inventory; 22,940
(3) A listing of the enterprise's current investment, if 22,942
any, in a facility as of the date of the proposal's submission. 22,943
The enterprise shall review and update the listings 22,945
required under this division to reflect material changes, and any 22,946
agreement entered into under division (C) of this section shall 22,947
set forth final estimates and listings as of the time the 22,948
agreement is entered into. The legislative authority may, on a 22,949
separate form and at any time, require any additional information 22,950
necessary to determine whether an enterprise is in compliance 22,951
with an agreement and to collect the information required to be 22,952
reported under section 5709.68 of the Revised Code. 22,953
(C) Upon receipt and investigation of a proposal under 22,955
division (B) of this section, if the legislative authority finds 22,956
that the enterprise submitting the proposal is qualified by 22,957
financial responsibility and business experience to create and 22,958
preserve employment opportunities in the zone and improve the 22,959
economic climate of the municipal corporation, the legislative 22,960
authority, on or before June 30, 1999 2004, may do one of the 22,963
following:
(1) Enter into an agreement with the enterprise under 22,965
which the enterprise agrees to establish, expand, renovate, or 22,966
occupy a facility and hire new employees, or preserve employment 22,967
opportunities for existing employees, in return for one or more 22,968
of the following incentives: 22,969
(a) Exemption for a specified number of years, not to 22,971
exceed ten, of a specified portion, up to seventy-five per cent, 22,972
of the assessed value of tangible personal property first used in 22,973
526
business at the project site as a result of the agreement. An 22,974
exemption granted pursuant to this division applies to inventory 22,975
required to be listed pursuant to sections 5711.15 and 5711.16 of 22,976
the Revised Code, except that, in the instance of an expansion or 22,977
other situations in which an enterprise was in business at the 22,978
facility prior to the establishment of the zone, the inventory 22,979
which is exempt is that amount or value of inventory in excess of 22,980
the amount or value of inventory required to be listed in the 22,981
personal property tax return of the enterprise in the return for 22,982
the tax year in which the agreement is entered into. 22,983
(b) Exemption for a specified number of years, not to 22,985
exceed ten, of a specified portion, up to seventy-five per cent, 22,986
of the increase in the assessed valuation of real property 22,987
constituting the project site subsequent to formal approval of 22,988
the agreement by the legislative authority; 22,989
(c) Provision for a specified number of years, not to 22,991
exceed ten, of any optional services or assistance that the 22,992
municipal corporation is authorized to provide with regard to the 22,993
project site. 22,994
(2) An agreement under which the enterprise agrees to 22,996
remediate an environmentally contaminated facility, to spend an 22,997
amount equal to at least two hundred fifty per cent of the true 22,998
value in money of the real property of the facility prior to 22,999
remediation as determined for the purposes of property taxation 23,000
to establish, expand, renovate, or occupy the remediated 23,001
facility, and to hire new employees or preserve employment 23,002
opportunities for existing employees at the remediated facility, 23,003
in return for one or more of the following incentives: 23,004
(a) Exemption for a specified number of years, not to 23,006
exceed ten, of a specified portion, not to exceed fifty per cent, 23,007
of the assessed valuation of the real property of the facility 23,008
prior to remediation; 23,009
(b) Exemption for a specified number of years, not to 23,011
exceed ten, of a specified portion, not to exceed one hundred per 23,012
527
cent, of the increase in the assessed valuation of the real 23,013
property of the facility during or after remediation; 23,014
(c) The incentive under division (C)(1)(a) of this 23,016
section, except that the percentage of the assessed value of such 23,017
property exempted from taxation shall not exceed one hundred per 23,018
cent; 23,019
(d) The incentive under division (C)(1)(c) of this 23,021
section. 23,022
(3) Enter into an agreement with an enterprise that plans 23,024
to purchase and operate a large manufacturing facility that has 23,025
ceased operation or announced its intention to cease operation, 23,026
in return for exemption for a specified number of years, not to 23,027
exceed ten, of a specified portion, up to one hundred per cent, 23,028
of the assessed value of tangible personal property used in 23,029
business at the project site as a result of the agreement, or of 23,030
the assessed valuation of real property constituting the project 23,031
site, or both. 23,032
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 23,034
section, the portion of the assessed value of tangible personal 23,035
property or of the increase in the assessed valuation of real 23,036
property exempted from taxation under those divisions may exceed 23,037
seventy-five per cent in any year for which that portion is 23,038
exempted if the average percentage exempted for all years in 23,039
which the agreement is in effect does not exceed sixty per cent, 23,040
or if the board of education of the city, local, or exempted 23,041
village school district within the territory of which the 23,042
property is or will be located approves a percentage in excess of 23,043
seventy-five per cent. For the purpose of obtaining such 23,044
approval, the legislative authority shall deliver to the board of 23,045
education a notice not later than forty-five days prior to 23,046
approving the agreement, excluding Saturdays, Sundays, and legal 23,048
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 23,050
the true value of the property to be exempted, and the number of 23,051
528
years the property is to be exempted. The board of education, by 23,052
resolution adopted by a majority of the board, shall approve or 23,053
disapprove the agreement and certify a copy of the resolution to 23,054
the legislative authority not later than fourteen days prior to 23,055
the date stipulated by the legislative authority as the date upon 23,056
which approval of the agreement is to be formally considered by 23,057
the legislative authority. The board of education may include in 23,058
the resolution conditions under which the board would approve the 23,059
agreement, including the execution of an agreement to compensate 23,060
the school district under division (B) of section 5709.82 of the 23,061
Revised Code. The legislative authority may approve the 23,062
agreement at any time after the board of education certifies its 23,063
resolution approving the agreement to the legislative authority, 23,064
or, if the board approves the agreement conditionally, at any 23,065
time after the conditions are agreed to by the board and the 23,066
legislative authority.
If a board of education has adopted a resolution waiving 23,068
its right to approve agreements and the resolution remains in 23,070
effect, approval of an agreement by the board is not required 23,071
under this division. If a board of education has adopted a 23,072
resolution allowing a legislative authority to deliver the notice 23,073
required under this division fewer than forty-five business days 23,074
prior to the legislative authority's approval of the agreement, 23,075
the legislative authority shall deliver the notice to the board 23,076
not later than the number of days prior to such approval as 23,077
prescribed by the board in its resolution. If a board of 23,078
education adopts a resolution waiving its right to approve 23,079
agreements or shortening the notification period, the board shall 23,080
certify a copy of the resolution to the legislative authority. 23,081
If the board of education rescinds such a resolution, it shall 23,082
certify notice of the rescission to the legislative authority. 23,083
(2) The legislative authority shall comply with section 23,085
5709.83 of the Revised Code unless the board of education has 23,088
adopted a resolution under that section waiving its right to 23,089
529
receive such notice.
(E) This division applies to zones certified by the 23,091
director of development under this section prior to July 22, 23,093
1994. 23,094
On or before June 30, 1999 2004, the legislative authority 23,097
that designated a zone to which this division applies may enter 23,098
into an agreement with an enterprise if the legislative authority 23,099
makes the finding required under that division and determines 23,100
that the enterprise satisfies one of the criteria described in 23,101
divisions (E)(1) to (5) of this section: 23,102
(1) The enterprise currently has no operations in this 23,104
state and, subject to approval of the agreement, intends to 23,105
establish operations in the zone; 23,106
(2) The enterprise currently has operations in this state 23,108
and, subject to approval of the agreement, intends to establish 23,109
operations at a new location in the zone that would not result in 23,110
a reduction in the number of employee positions at any of the 23,111
enterprise's other locations in this state; 23,112
(3) The enterprise, subject to approval of the agreement, 23,114
intends to relocate operations, currently located in another 23,115
state, to the zone; 23,116
(4) The enterprise, subject to approval of the agreement, 23,118
intends to expand operations at an existing site in the zone that 23,119
the enterprise currently operates; 23,120
(5) The enterprise, subject to approval of the agreement, 23,122
intends to relocate operations, currently located in this state, 23,123
to the zone, and the director of development has issued a waiver 23,124
for the enterprise under division (B) of section 5709.633 of the 23,125
Revised Code. 23,126
The agreement shall require the enterprise to agree to 23,128
establish, expand, renovate, or occupy a facility in the zone and 23,129
hire new employees, or preserve employment opportunities for 23,130
existing employees, in return for one or more of the incentives 23,131
described in division (C) of this section. 23,132
530
(F) All agreements entered into under this section shall 23,134
be in the form prescribed under section 5709.631 of the Revised 23,135
Code. After an agreement is entered into under this division, if 23,136
the legislative authority revokes its designation of a zone, or 23,137
if the director of development revokes the zone's certification, 23,138
any entitlements granted under the agreement shall continue for 23,139
the number of years specified in the agreement. 23,140
(G) Except as otherwise provided in this division, an 23,142
agreement entered into under this section shall require that the 23,143
enterprise pay an annual fee equal to the greater of one per cent 23,144
of the dollar value of incentives offered under the agreement or 23,145
five hundred dollars; provided, however, that if the value of the 23,146
incentives exceeds two hundred fifty thousand dollars, the fee 23,147
shall not exceed two thousand five hundred dollars. The fee 23,148
shall be payable to the legislative authority once per year for 23,149
each year the agreement is effective on the days and in the form 23,150
specified in the agreement. Fees paid shall be deposited in a 23,151
special fund created for such purpose by the legislative 23,152
authority and shall be used by the legislative authority 23,153
exclusively for the purpose of complying with section 5709.68 of 23,154
the Revised Code and by the tax incentive review council created 23,155
under section 5709.85 of the Revised Code exclusively for the 23,156
purposes of performing the duties prescribed under that section. 23,157
The legislative authority may waive or reduce the amount of the 23,158
fee charged against an enterprise, but such a waiver or reduction 23,159
does not affect the obligations of the legislative authority or 23,160
the tax incentive review council to comply with section 5709.68 23,161
or 5709.85 of the Revised Code. 23,162
(H) When an agreement is entered into pursuant to this 23,164
section, the legislative authority authorizing the agreement 23,165
shall forward a copy of the agreement to the director of 23,166
development and to the tax commissioner within fifteen days after 23,167
the agreement is entered into. 23,168
(I) After an agreement is entered into, the enterprise 23,170
531
shall file with each personal property tax return required to be 23,171
filed while the agreement is in effect, an informational return, 23,172
on a form prescribed by the tax commissioner for that purpose, 23,173
setting forth separately the property, and related costs and 23,174
values, exempted from taxation under the agreement. 23,175
(J) Enterprises may agree to give preference to residents 23,177
of the zone within which the agreement applies relative to 23,178
residents of this state who do not reside in the zone when hiring 23,179
new employees under the agreement. 23,180
(K) An agreement entered into under this section may 23,182
include a provision requiring the enterprise to create one or 23,183
more temporary internship positions for students enrolled in a 23,184
course of study at a school or other educational institution in 23,185
the vicinity, and to create a scholarship or provide another form 23,186
of educational financial assistance for students holding such a 23,187
position in exchange for the student's commitment to work for the 23,188
enterprise at the completion of the internship. 23,189
Sec. 5709.63. (A) With the consent of the legislative 23,198
authority of each affected municipal corporation or of a board of 23,199
township trustees, a board of county commissioners may, in the 23,200
manner set forth in section 5709.62 of the Revised Code, 23,201
designate one or more areas in one or more municipal corporations 23,202
or in unincorporated areas of the county as proposed enterprise 23,204
zones. A board of county commissioners may designate no more 23,205
than one area within a township, or within adjacent townships, as 23,206
a proposed enterprise zone. The board shall petition the 23,207
director of development for certification of the area as having 23,208
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 23,209
Senate Bill No. 19 of the 120th general assembly. Except as 23,210
otherwise provided in division (D) of this section, on and after 23,211
July 1, 1994, boards of county commissioners shall not enter into 23,212
agreements under this section unless the board has petitioned the 23,213
director and the director has certified the zone under this
532
section as amended by that act; however, all agreements entered 23,214
into under this section as it existed prior to July 1, 1994, and 23,215
the incentives granted under those agreements shall remain in 23,216
effect for the period agreed to under those agreements. The 23,217
director shall make the determination in the manner provided 23,218
under section 5709.62 of the Revised Code. Any enterprise 23,219
wishing to enter into an agreement with the board under division 23,220
(B) or (D) of this section shall submit a proposal to the board 23,222
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 23,224
enterprise shall review and update the estimates and listings 23,225
required by the form in the manner required under that division. 23,226
The board may, on a separate form and at any time, require any 23,227
additional information necessary to determine whether an 23,228
enterprise is in compliance with an agreement and to collect the 23,229
information required to be reported under section 5709.68 of the 23,230
Revised Code.
(B) If the board of county commissioners finds that an 23,232
enterprise submitting a proposal is qualified by financial 23,233
responsibility and business experience to create and preserve 23,234
employment opportunities in the zone and to improve the economic 23,235
climate of the municipal corporation or municipal corporations or 23,236
the unincorporated areas in which the zone is located and to 23,237
which the proposal applies, the board, on or before June 30, 1999 23,239
2004, and with the consent of the legislative authority of each 23,241
affected municipal corporation or of the board of township 23,242
trustees may do either of the following: 23,243
(1) Enter into an agreement with the enterprise under 23,245
which the enterprise agrees to establish, expand, renovate, or 23,246
occupy a facility in the zone and hire new employees, or preserve 23,247
employment opportunities for existing employees, in return for 23,248
the following incentives: 23,249
(a) When the facility is located in a municipal 23,251
corporation, the board may enter into an agreement for one or 23,252
533
more of the incentives provided in division (C) of section 23,253
5709.62 of the Revised Code, subject to division (D) of that 23,254
section;
(b) When the facility is located in an unincorporated 23,256
area, the board may enter into an agreement for one or more of 23,257
the following incentives: 23,258
(i) Exemption for a specified number of years, not to 23,260
exceed ten, of a specified portion, up to sixty per cent, of the 23,262
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 23,264
exemption granted pursuant to this division applies to inventory 23,265
required to be listed pursuant to sections 5711.15 and 5711.16 of 23,266
the Revised Code, except, in the instance of an expansion or 23,267
other situations in which an enterprise was in business at the 23,268
facility prior to the establishment of the zone, the inventory 23,269
which is exempt is that amount or value of inventory in excess of 23,270
the amount or value of inventory required to be listed in the 23,271
personal property tax return of the enterprise in the return for 23,272
the tax year in which the agreement is entered into. 23,273
(ii) Exemption for a specified number of years, not to 23,275
exceed ten, of a specified portion, up to sixty per cent, of the 23,277
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 23,278
by the board;
(iii) Provision for a specified number of years, not to 23,280
exceed ten, of any optional services or assistance the board is 23,281
authorized to provide with regard to the project site; 23,282
(iv) The incentive described in division (C)(2) of section 23,284
5709.62 of the Revised Code. 23,285
(2) Enter into an agreement with an enterprise that plans 23,287
to purchase and operate a large manufacturing facility that has 23,288
ceased operation or has announced its intention to cease 23,289
operation, in return for exemption for a specified number of 23,290
years, not to exceed ten, of a specified portion, up to one 23,291
534
hundred per cent, of tangible personal property used in business 23,292
at the project site as a result of the agreement, or of real 23,293
property constituting the project site, or both. 23,294
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 23,296
this section, the portion of the assessed value of tangible 23,299
personal property or of the increase in the assessed valuation of 23,300
real property exempted from taxation under those divisions may 23,301
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 23,302
which the agreement is in effect does not exceed fifty per cent, 23,303
or if the board of education of the city, local, or exempted 23,304
village school district within the territory of which the 23,305
property is or will be located approves a percentage in excess of 23,306
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 23,307
notice not later than forty-five days prior to approving the 23,309
agreement, excluding Saturdays, Sundays, and legal holidays as 23,311
defined in section 1.14 of the Revised Code. The notice shall 23,313
state the percentage to be exempted, an estimate of the true 23,315
value of the property to be exempted, and the number of years the 23,316
property is to be exempted. The board of education, by 23,317
resolution adopted by a majority of the board, shall approve or 23,318
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 23,319
the date stipulated by the board of commissioners as the date 23,320
upon which approval of the agreement is to be formally considered 23,321
by the board of commissioners. The board of education may 23,322
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 23,323
compensate the school district under division (B) of section 23,324
5709.82 of the Revised Code. The board of county commissioners 23,326
may approve the agreement at any time after the board of 23,327
education certifies its resolution approving the agreement to the 23,328
board of county commissioners, or, if the board of education 23,329
535
approves the agreement conditionally, at any time after the 23,330
conditions are agreed to by the board of education and the board 23,331
of county commissioners.
If a board of education has adopted a resolution waiving 23,333
its right to approve agreements and the resolution remains in 23,335
effect, approval of an agreement by the board of education is not 23,336
required under division (C) of this section. If a board of 23,337
education has adopted a resolution allowing a board of county 23,338
commissioners to deliver the notice required under this division 23,339
fewer than forty-five business days prior to approval of the 23,341
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 23,342
education not later than the number of days prior to such 23,344
approval as prescribed by the board of education in its 23,345
resolution. If a board of education adopts a resolution waiving 23,346
its right to approve agreements or shortening the notification 23,347
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 23,348
education rescinds such a resolution, it shall certify notice of 23,349
the rescission to the board of county commissioners. 23,350
(2) The board of county commissioners shall comply with 23,352
section 5709.83 of the Revised Code unless the board of education 23,355
has adopted a resolution under that section waiving its right to 23,356
receive such notice.
(D) This division applies to zones certified by the 23,358
director of development under this section prior to July 22, 23,360
1994.
On or before June 30, 1999 2004, and with the consent of 23,363
the legislative authority of each affected municipal corporation 23,365
or board of township trustees of each affected township, the 23,366
board of commissioners that designated a zone to which this 23,367
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 23,368
determines that the enterprise satisfies one of the criteria 23,369
536
described in divisions (D)(1) to (5) of this section: 23,370
(1) The enterprise currently has no operations in this 23,372
state and, subject to approval of the agreement, intends to 23,373
establish operations in the zone;
(2) The enterprise currently has operations in this state 23,375
and, subject to approval of the agreement, intends to establish 23,376
operations at a new location in the zone that would not result in 23,377
a reduction in the number of employee positions at any of the 23,378
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 23,380
intends to relocate operations, currently located in another 23,381
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 23,383
intends to expand operations at an existing site in the zone that 23,384
the enterprise currently operates; 23,385
(5) The enterprise, subject to approval of the agreement, 23,387
intends to relocate operations, currently located in this state, 23,388
to the zone, and the director of development has issued a waiver 23,389
for the enterprise under division (B) of section 5709.633 of the 23,390
Revised Code.
The agreement shall require the enterprise to agree to 23,392
establish, expand, renovate, or occupy a facility in the zone and 23,393
hire new employees, or preserve employment opportunities for 23,394
existing employees, in return for one or more of the incentives 23,395
described in division (B) of this section.
(E) All agreements entered into under this section shall 23,397
be in the form prescribed under section 5709.631 of the Revised 23,398
Code. After an agreement under this section is entered into, if 23,399
the board of county commissioners revokes its designation of the 23,400
zone, or if the director of development revokes the zone's 23,401
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 23,402
(F) Except as otherwise provided in this paragraph, an 23,404
agreement entered into under this section shall require that the 23,405
537
enterprise pay an annual fee equal to the greater of one per cent 23,406
of the dollar value of incentives offered under the agreement or 23,407
five hundred dollars; provided, however, that if the value of the 23,408
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 23,409
shall be payable to the board of commissioners once per year for 23,410
each year the agreement is effective on the days and in the form 23,411
specified in the agreement. Fees paid shall be deposited in a 23,412
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 23,413
section 5709.68 of the Revised Code and by the tax incentive 23,414
review council created under section 5709.85 of the Revised Code 23,415
exclusively for the purposes of performing the duties prescribed 23,416
under that section. The board may waive or reduce the amount of 23,417
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 23,418
incentive review council to comply with section 5709.68 or 23,419
5709.85 of the Revised Code, respectively. 23,420
(G) With the approval of the legislative authority of a 23,422
municipal corporation or the board of township trustees of a 23,423
township in which a zone is designated under division (A) of this 23,424
section, the board of county commissioners may delegate to that 23,425
legislative authority or board any powers and duties of the board 23,426
to negotiate and administer agreements with regard to that zone
under this section. 23,427
(H) When an agreement is entered into pursuant to this 23,429
section, the legislative authority authorizing the agreement 23,430
shall forward a copy of the agreement to the director of 23,431
development and to the tax commissioner within fifteen days after 23,432
the agreement is entered into.
(I) After an agreement is entered into, the enterprise 23,434
shall file with each personal property tax return required to be 23,435
filed while the agreement is in effect, an informational return, 23,436
on a form prescribed by the tax commissioner for that purpose, 23,437
538
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 23,438
(J) Enterprises may agree to give preference to residents 23,440
of the zone within which the agreement applies relative to 23,441
residents of this state who do not reside in the zone when hiring 23,442
new employees under the agreement.
(K) An agreement entered into under this section may 23,444
include a provision requiring the enterprise to create one or 23,445
more temporary internship positions for students enrolled in a 23,446
course of study at a school or other educational institution in 23,447
the vicinity, and to create a scholarship or provide another form 23,448
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 23,449
enterprise at the completion of the internship. 23,450
Sec. 5709.632. (A)(1) The legislative authority of a 23,459
municipal corporation defined by the United States office of 23,460
budget MANAGEMENT and management BUDGET as a central city of a 23,462
metropolitan statistical area may, in the manner set forth in 23,463
section 5709.62 of the Revised Code, designate one or more areas 23,464
in the municipal corporation as a proposed enterprise zone. 23,465
(2) With the consent of the legislative authority of each 23,467
affected municipal corporation or of a board of township 23,468
trustees, a board of county commissioners may, in the manner set 23,469
forth in section 5709.62 of the Revised Code, designate one or 23,470
more areas in one or more municipal corporations or in 23,471
unincorporated areas of the county as proposed urban jobs and 23,472
enterprise zones, except that a board of county commissioners may 23,473
designate no more than one area within a township, or within 23,474
adjacent townships, as a proposed urban jobs and enterprise zone. 23,475
(3) The legislative authority or board of county 23,477
commissioners may petition the director of development for 23,478
certification of the area as having the characteristics set forth 23,479
in division (A)(3) of section 5709.61 of the Revised Code. 23,480
Within sixty days after receiving such a petition, the director 23,481
539
shall determine whether the area has the characteristics set 23,482
forth in that division and forward the findings to the 23,483
legislative authority or board of county commissioners. If the 23,484
director certifies the area as having those characteristics and 23,485
thereby certifies it as a zone, the legislative authority or 23,486
board may enter into agreements with enterprises under division 23,487
(B) of this section. Any enterprise wishing to enter into an 23,488
agreement with a legislative authority or board of commissioners 23,489
under this section and satisfying one of the criteria described 23,490
in divisions (B)(1) to (5) of this section shall submit a 23,491
proposal to the legislative authority or board on the form 23,492
prescribed under division (B) of section 5709.62 of the Revised 23,493
Code and shall review and update the estimates and listings 23,494
required by the form in the manner required under that division. 23,495
The legislative authority or board may, on a separate form and at 23,496
any time, require any additional information necessary to 23,497
determine whether an enterprise is in compliance with an 23,498
agreement and to collect the information required to be reported 23,499
under section 5709.68 of the Revised Code. 23,500
(B) Prior to entering into an agreement with an 23,502
enterprise, the legislative authority or board of county 23,503
commissioners shall determine whether the enterprise submitting 23,504
the proposal is qualified by financial responsibility and 23,505
business experience to create and preserve employment 23,506
opportunities in the zone and to improve the economic climate of 23,507
the municipal corporation or municipal corporations or the 23,508
unincorporated areas in which the zone is located and to which 23,509
the proposal applies, and whether the enterprise satisfies one of 23,510
the following criteria: 23,511
(1) The enterprise currently has no operations in this 23,513
state and, subject to approval of the agreement, intends to 23,514
establish operations in the zone; 23,515
(2) The enterprise currently has operations in this state 23,517
and, subject to approval of the agreement, intends to establish 23,518
540
operations at a new location in the zone that would not result in 23,519
a reduction in the number of employee positions at any of the 23,520
enterprise's other locations in this state; 23,521
(3) The enterprise, subject to approval of the agreement, 23,523
intends to relocate operations, currently located in another 23,524
state, to the zone; 23,525
(4) The enterprise, subject to approval of the agreement, 23,527
intends to expand operations at an existing site in the zone that 23,528
the enterprise currently operates; 23,529
(5) The enterprise, subject to approval of the agreement, 23,531
intends to relocate operations, currently located in this state, 23,532
to the zone, and the director of development has issued a waiver 23,533
for the enterprise under division (B) of section 5709.633 of the 23,534
Revised Code. 23,535
(C) If the legislative authority or board determines that 23,537
the enterprise is so qualified and satisfies one of the criteria 23,538
described in divisions (B)(1) to (5) of this section, the 23,539
legislative authority or board may, after complying with section 23,540
5709.83 of the Revised Code and on or before June 30, 1999 2004, 23,542
and, in the case of a board of commissioners, with the consent of 23,544
the legislative authority of each affected municipal corporation
or of the board of township trustees: 23,545
(1) Enter, ENTER into an agreement with the enterprise 23,547
under which the enterprise agrees to establish, expand, renovate, 23,549
or occupy a facility in the zone and hire new employees, or 23,550
preserve employment opportunities for existing employees, in 23,551
return for the following incentives: 23,552
(a)(1) When the facility is located in a municipal 23,554
corporation, a legislative authority or board of commissioners 23,555
may enter into an agreement for one or more of the incentives 23,556
provided in division (C) of section 5709.62 of the Revised Code, 23,557
subject to division (D) of that section; 23,558
(b)(2) When the facility is located in an unincorporated 23,560
area, a board of commissioners may enter into an agreement for 23,561
541
one or more of the incentives provided in divisions (B)(1)(b), 23,562
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 23,563
subject to division (C) of that section. 23,564
(D) All agreements entered into under this section shall 23,566
be in the form prescribed under section 5709.631 of the Revised 23,567
Code. After an agreement under this section is entered into, if 23,568
the legislative authority or board of county commissioners 23,569
revokes its designation of the zone, or if the director of 23,570
development revokes the zone's certification, any entitlements 23,571
granted under the agreement shall continue for the number of 23,572
years specified in the agreement. 23,573
(E) Except as otherwise provided in this division, an 23,575
agreement entered into under this section shall require that the 23,576
enterprise pay an annual fee equal to the greater of one per cent 23,577
of the dollar value of incentives offered under the agreement or 23,578
five hundred dollars; provided, however, that if the value of the 23,579
incentives exceeds two hundred fifty thousand dollars, the fee 23,580
shall not exceed two thousand five hundred dollars. The fee 23,581
shall be payable to the legislative authority or board of 23,582
commissioners once per year for each year the agreement is 23,583
effective on the days and in the form specified in the agreement. 23,584
Fees paid shall be deposited in a special fund created for such 23,585
purpose by the legislative authority or board and shall be used 23,586
by the legislative authority or board exclusively for the purpose 23,587
of complying with section 5709.68 of the Revised Code and by the 23,588
tax incentive review council created under section 5709.85 of the 23,589
Revised Code exclusively for the purposes of performing the 23,590
duties prescribed under that section. The legislative authority 23,591
or board may waive or reduce the amount of the fee charged 23,592
against an enterprise, but such waiver or reduction does not 23,593
affect the obligations of the legislative authority or board or 23,594
the tax incentive review council to comply with section 5709.68 23,595
or 5709.85 of the Revised Code, respectively. 23,596
(F) With the approval of the legislative authority of a 23,598
542
municipal corporation or the board of township trustees of a 23,599
township in which a zone is designated under division (A)(2) of 23,600
this section, the board of county commissioners may delegate to 23,601
that legislative authority or board any powers and duties of the 23,602
board to negotiate and administer agreements with regard to that 23,603
zone under this section. 23,604
(G) When an agreement is entered into pursuant to this 23,606
section, the legislative authority or board of commissioners 23,607
authorizing the agreement shall forward a copy of the agreement 23,608
to the director of development and to the tax commissioner within 23,609
fifteen days after the agreement is entered into. 23,610
(H) After an agreement is entered into, the enterprise 23,612
shall file with each personal property tax return required to be 23,613
filed while the agreement is in effect, an informational return, 23,614
on a form prescribed by the tax commissioner for that purpose, 23,615
setting forth separately the property, and related costs and 23,616
values, exempted from taxation under the agreement. 23,617
(I) An agreement entered into under this section may 23,619
include a provision requiring the enterprise to create one or 23,620
more temporary internship positions for students enrolled in a 23,621
course of study at a school or other educational institution in 23,622
the vicinity, and to create a scholarship or provide another form 23,623
of educational financial assistance for students holding such a 23,624
position in exchange for the student's commitment to work for the 23,625
enterprise at the completion of the internship. 23,626
Sec. 5733.05. As used in this section, "qualified 23,635
research" means laboratory research, experimental research, and 23,636
other similar types of research; research in developing or 23,637
improving a product; or research in developing or improving the 23,638
means of producing a product. It does not include market 23,639
research, consumer surveys, efficiency surveys, management 23,640
studies, ordinary testing or inspection of materials or products 23,641
for quality control, historical research, or literary research. 23,642
"Product" as used in this paragraph does not include services or 23,643
543
intangible property. 23,644
The annual report determines the value of the issued and 23,647
outstanding shares of stock of the taxpayer, which under division 23,648
(A) or divisions (B) and (C) of this section is the base or 23,649
measure of the franchise tax liability. Such determination shall 23,650
be made as of the date shown by the report to have been the 23,651
beginning of the corporation's annual accounting period that 23,652
includes the first day of January of the tax year. For the 23,653
purposes of this chapter, the value of the issued and outstanding 23,655
shares of stock of any corporation that is a financial 23,657
institution shall be deemed to be the value as calculated in 23,659
accordance with division (A) of this section. For the purposes 23,661
of this chapter, the value of the issued and outstanding shares 23,662
of stock of any corporation that is not a financial institution 23,663
shall be deemed to be the values as calculated in accordance with 23,664
divisions (B) and (C) of this section. 23,665
(A) The total value, as shown by the books of the 23,667
financial institution, of its capital, surplus, whether earned or 23,669
unearned, undivided profits, and reserves shall be determined as 23,671
prescribed by section 5733.056 of the Revised Code for tax years 23,672
1998 and thereafter. 23,673
(B) The sum of the corporation's net income during the 23,675
corporation's taxable year, allocated or apportioned to this 23,677
state as prescribed in divisions (B)(1) and (2) of this section, 23,679
and subject to sections 5733.052, 5733.053, 5733.057, and 23,680
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 23,682
section 5733.051 of the Revised Code. 23,683
(2) The amount of Ohio apportioned net income from sources 23,685
other than those allocated under section 5733.051 of the Revised 23,686
Code, which shall be determined by multiplying the corporation's 23,687
net income by a fraction. The numerator of the fraction is the 23,689
sum of the following products: the property factor multiplied by 23,692
twenty, the payroll factor multiplied by twenty, and the sales 23,693
544
factor multiplied by sixty. The denominator of the fraction is 23,695
one hundred, provided that the denominator shall be reduced by 23,697
twenty if the property factor has a denominator of zero, by 23,699
twenty if the payroll factor has a denominator of zero, and by 23,700
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 23,702
determined as follows:
(a) The property factor is a fraction the numerator of 23,704
which is the average value of the corporation's real and tangible 23,705
personal property owned or rented, and used in the trade or 23,706
business in this state during the taxable year, and the 23,707
denominator of which is the average value of all the 23,708
corporation's real and tangible personal property owned or 23,709
rented, and used in the trade or business everywhere during such 23,710
year. There shall be excluded from the numerator and denominator 23,711
of the property factor the original cost of all of the following 23,712
property within Ohio: property with respect to which a 23,713
"pollution control facility" certificate has been issued pursuant 23,714
to section 5709.21 of the Revised Code; property with respect to 23,715
which an "industrial water pollution control certificate" has 23,716
been issued pursuant to section 6111.31 of the Revised Code; and 23,717
property used exclusively during the taxable year for qualified 23,718
research. 23,719
(i) Property owned by the corporation is valued at its 23,721
original cost. Property rented by the corporation is valued at 23,722
eight times the net annual rental rate. "Net annual rental rate" 23,723
means the annual rental rate paid by the corporation less any 23,724
annual rental rate received by the corporation from subrentals. 23,725
(ii) The average value of property shall be determined by 23,727
averaging the values at the beginning and the end of the taxable 23,728
year, but the tax commissioner may require the averaging of 23,729
monthly values during the taxable year, if reasonably required to 23,730
reflect properly the average value of the corporation's property. 23,731
(b) The payroll factor is a fraction the numerator of 23,733
545
which is the total amount paid in this state during the taxable 23,734
year by the corporation for compensation, and the denominator of 23,735
which is the total compensation paid everywhere by the 23,736
corporation during such year. There shall be excluded from the 23,737
numerator and the denominator of the payroll factor the total 23,738
compensation paid in this state to employees who are primarily 23,739
engaged in qualified research. 23,740
(i) Compensation means any form of remuneration paid to an 23,742
employee for personal services. 23,743
(ii) Compensation is paid in this state if: (1) the 23,745
recipient's service is performed entirely within this state, (2) 23,746
the recipient's service is performed both within and without this 23,747
state, but the service performed without this state is incidental 23,748
to the recipient's service within this state, (3) some of the 23,749
service is performed within this state and either the base of 23,750
operations, or if there is no base of operations, the place from 23,751
which the service is directed or controlled is within this state, 23,752
or the base of operations or the place from which the service is 23,753
directed or controlled is not in any state in which some part of 23,754
the service is performed, but the recipient's residence is in 23,755
this state. 23,756
(iii) Compensation is paid in this state to any employee 23,758
of a common or contract motor carrier corporation, who performs 23,759
the employee's regularly assigned duties on a motor vehicle in 23,761
more than one state, in the same ratio by which the mileage 23,762
traveled by such employee within the state bears to the total 23,763
mileage traveled by such employee everywhere during the taxable 23,764
year.
(c) The sales factor is a fraction the numerator of which 23,766
is the total sales in this state by the corporation during the 23,767
taxable year, and the denominator of which is the total sales by 23,768
the corporation everywhere during such year. In determining the 23,769
numerator and denominator of the sales factor, receipts from the 23,770
sale or other disposal of a capital asset or an asset described 23,771
546
in section 1231 of the Internal Revenue Code shall be eliminated. 23,772
Also, in determining the numerator and denominator of the sales 23,773
factor, in the case of a reporting corporation owning at least 23,774
eighty per cent of the issued and outstanding common stock of one 23,775
or more public utilities or insurance companies, or owning at 23,776
least twenty-five per cent of the issued and outstanding common 23,777
stock of one or more financial institutions, receipts received by 23,778
the reporting corporation from such utilities, insurance 23,779
companies, and financial institutions shall be eliminated. 23,780
For the purpose of this section and section 5733.03 of the 23,782
Revised Code, sales of tangible personal property are in this 23,783
state where such property is received in this state by the 23,784
purchaser. In the case of delivery of tangible personal property 23,785
by common carrier or by other means of transportation, the place 23,786
at which such property is ultimately received after all 23,787
transportation has been completed shall be considered as the 23,788
place at which such property is received by the purchaser. 23,789
Direct delivery in this state, other than for purposes of 23,790
transportation, to a person or firm designated by a purchaser 23,791
constitutes delivery to the purchaser in this state, and direct 23,792
delivery outside this state to a person or firm designated by a 23,793
purchaser does not constitute delivery to the purchaser in this 23,794
state, regardless of where title passes or other conditions of 23,795
sale. 23,796
Sales, other than sales of tangible personal property, are 23,798
in this state if either: 23,799
(i) The income-producing activity is performed solely in 23,801
this state; 23,802
(ii) The income-producing activity is performed both 23,804
within and without this state and a greater proportion of the 23,805
income-producing activity is performed within this state than in 23,807
any other state, based on costs of performance. 23,808
(d) If the allocation and apportionment provisions of 23,810
division (B) of this section do not fairly represent the extent 23,812
547
of the taxpayer's business activity in this state, the taxpayer 23,813
may request, which request must be in writing and must accompany 23,814
the report, timely filed petition for reassessment, or timely 23,815
filed amended report, or the tax commissioner may require, in 23,816
respect to all or any part of the taxpayer's allocated or 23,817
apportioned base, if reasonable, any one or more of the 23,818
following:
(i) Separate accounting; 23,820
(ii) The exclusion of any one or more of the factors; 23,822
(iii) The inclusion of one or more additional factors 23,824
which will fairly represent the taxpayer's allocated or 23,825
apportioned base in this state. 23,826
An alternative method will be effective only with approval 23,828
by the tax commissioner. 23,829
Nothing in this section shall be construed to extend any 23,831
statute of limitations set forth in this chapter. 23,832
(C)(1) Subject to divisions (C)(2) and (3) of this 23,835
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 23,836
book value of a corporation's assets less the net carrying value 23,838
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 23,839
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 23,840
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 23,841
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 23,842
purposes of determining that total value, any reserves shown on 23,843
the corporation's books shall be considered liabilities or contra 23,844
assets except for any reserves that are deemed appropriations of 23,845
retained earnings under generally accepted accounting principles. 23,846
(2)(a) If, on the last day of the taxpayer's taxable year 23,849
preceding the tax year, the taxpayer is a related member to a 23,850
corporation that elects to be a qualifying holding company for 23,851
the tax year beginning after the last day of the taxpayer's 23,852
taxable year, or if, on the last day of the taxpayer's taxable 23,853
548
year preceding the tax year, a corporation that elects to be a 23,854
qualifying holding company for the tax year beginning after the 23,855
last day of the taxpayer's taxable year is a related member to 23,856
the taxpayer, then the taxpayer's total value shall be adjusted 23,857
by the qualifying amount. Except as otherwise provided under 23,858
division (C)(2)(b) of this section, "qualifying amount" means the 23,859
amount that, when added to the taxpayer's total value, and when 23,861
subtracted from the net carrying value of the taxpayer's 23,862
liabilities computed without regard to division (C)(2) of this 23,864
section, or when subtracted from the taxpayer's total value and 23,866
when added to the net carrying value of the taxpayer's 23,867
liabilities computed without regard to division (C)(2) of this 23,869
section, results in the taxpayer's debt-to-equity ratio equaling 23,870
the debt-to-equity ratio of the qualifying controlled group on 23,871
the last day of the taxable year ending prior to the first day of 23,872
the tax year computed on a consolidated basis in accordance with 23,874
general accepted accounting principles. For the purposes of 23,875
division (C)(2)(a) of this section, the corporation's total 23,876
value, after the adjustment required by that division, shall not 23,877
exceed the net book value of the corporation's assets. 23,878
(b)(i) The amount added to the taxpayer's total value and 23,881
subtracted from the net carrying value of the taxpayer's 23,882
liabilities shall not exceed the amount of the net carrying value 23,883
of the taxpayer's liabilities owed to the taxpayer's related 23,885
members.
(ii) A liability owed to the taxpayer's related members 23,887
includes, but is not limited to, any amount that the corporation 23,889
owes to a person that is not a related member if the 23,890
corporation's related member or related members in whole or in 23,891
part guarantee any portion or all of that amount, or pledge, 23,892
hypothecate, mortgage, or carry out any similar transactions to 23,893
secure any portion or all of that amount. 23,894
(3) The base upon which the tax is levied under division 23,896
(C) of section 5733.06 of the Revised Code shall be computed by 23,898
549
multiplying the amount determined under divisions (C)(1) and (2) 23,900
of this section by the fraction determined under divisions 23,901
(B)(2)(a) to (c) of this section and, if applicable, divisions 23,904
(B)(2)(d)(ii) to (iv) of this section but without regard to 23,906
section 5733.052 of the Revised Code. 23,907
(4) For purposes of division (C) of this section, "related 23,911
member" has the same meaning as in division (A)(6) of section 23,912
5733.042 of the Revised Code without regard to division (B) of 23,913
that section.
Sec. 5733.33. (A) As used in this section: 23,922
(1) "Manufacturing machinery and equipment" means engines 23,924
and machinery, and tools and implements, of every kind used, or 23,925
designed to be used, in refining and manufacturing. 23,926
(2) "New manufacturing machinery and equipment" means 23,928
manufacturing machinery and equipment, the original use in this 23,929
state of which commences with the taxpayer or with a partnership 23,930
of which the taxpayer is a partner. 23,931
(3)(a) "Purchase" has the same meaning as in section 23,933
179(d)(2) of the Internal Revenue Code. 23,934
(b) Any purchase, for FOR purposes of this section, ANY 23,936
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 23,937
TAXPAYER is considered to occur PURCHASED at the time the 23,939
agreement to acquire the property to be purchased becomes 23,941
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 23,942
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 23,943
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 23,944
(c) Notwithstanding section 179(d) of the Internal Revenue 23,946
Code, a taxpayer's direct or indirect acquisition of new 23,947
manufacturing machinery and equipment is not purchased on or 23,948
after July 1, 1995, if the taxpayer, or a person whose 23,949
relationship to the taxpayer is described in subparagraphs (A), 23,950
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 23,951
had directly or indirectly entered into a binding agreement to 23,952
550
acquire the property at any time prior to July 1, 1995. 23,953
(4) "Qualifying period" means the period that begins July 23,955
1, 1995, and ends December 31, 2000 2005. 23,956
(5) "County average new manufacturing machinery and 23,958
equipment investment" means either of the following: 23,959
(a) The average annual cost of new manufacturing machinery 23,962
and equipment purchased for use in the county during baseline 23,963
years, in the case of a taxpayer or partnership that was in 23,964
existence for more than one year during baseline years. 23,965
(b) Zero, in the case of a taxpayer or partnership that 23,967
was not in existence for more than one year during baseline 23,968
years. 23,969
(6) "Partnership" includes a limited liability company 23,972
formed under Chapter 1705. of the Revised Code or under the laws 23,974
of any other state, provided that the company is not classified 23,975
for federal income tax purposes as an association taxable as a 23,976
corporation. 23,977
(7) "Partner" includes a member of a limited liability 23,979
company formed under Chapter 1705. of the Revised Code or under 23,981
the laws of any other state, provided that the company is not 23,982
classified for federal income tax purposes as an association 23,983
taxable as a corporation. 23,984
(8) "Distressed area" means either a municipal corporation 23,986
that has a population of at least fifty thousand or a county that 23,988
meets two of the following criteria of economic distress, or a 23,989
municipal corporation the majority of the population of which is 23,990
situated in such a county:
(a) Its average rate of unemployment, during the most 23,993
recent five-year period for which data are available, is equal to 23,994
at least one hundred twenty-five per cent of the average rate of 23,995
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 23,998
per cent of the median county per capita income of the United 23,999
States as determined by the most recently available figures from 24,000
551
the United States census bureau; 24,001
(c)(i) In the case of a municipal corporation, at least 24,004
twenty per cent of the residents have a total income for the most 24,005
recent census year that is below the official poverty line; 24,006
(ii) In the case of a county, in intercensal years, the 24,009
county has a ratio of transfer payment income to total county 24,010
income equal to or greater than twenty-five per cent. 24,011
(9) "Eligible area" means a distressed area, a labor 24,013
surplus area, an inner city area, or a situational distress area. 24,015
(10) "Inner city area" means, in a municipal corporation 24,017
that has a population of at least one hundred thousand and does 24,018
not meet the criteria of a labor surplus area or a distressed 24,019
area, targeted investment areas established by the municipal 24,020
corporation within its boundaries that are comprised of the most 24,021
recent census block tracts that individually have at least twenty 24,022
per cent of their population at or below the state poverty level 24,023
or other census block tracts contiguous to such census block 24,024
tracts.
(11) "Labor surplus area" means an area designated as a 24,026
labor surplus area by the United States department of labor. 24,028
(12) "Official poverty line" has the same meaning as in 24,030
division (A) of section 3923.51 of the Revised Code. 24,031
(13) "Situational distress area" means a county or a 24,033
municipal corporation that has experienced or is experiencing a 24,034
closing or downsizing of a major employer, that will adversely 24,035
affect the county's or municipal corporation's economy. In order 24,037
to be designated as a situational distress area for a period not 24,038
to exceed thirty-six months, the county or municipal corporation 24,039
may petition the director of development. The petition shall 24,040
include written documentation that demonstrates all of the 24,041
following adverse effects on the local economy: 24,042
(a) The number of jobs lost by the closing or downsizing; 24,044
(b) The impact that the job loss has on the county's or 24,047
municipal corporation's unemployment rate as measured by the Ohio 24,048
552
bureau of employment services; 24,049
(c) The annual payroll associated with the job loss; 24,051
(d) The amount of state and local taxes associated with 24,053
the job loss;
(e) The impact that the closing or downsizing has on the 24,055
suppliers located in the county or municipal corporation. 24,056
(14) "Cost" has the same meaning and limitation as in 24,058
section 179(d)(3) of the Internal Revenue Code. 24,059
(15) "Baseline years" means: 24,061
(a) Calendar years 1992, 1993, and 1994, with regard to a 24,063
credit claimed for the purchase during calendar year 1995, 1996, 24,064
1997, or 1998 of new manufacturing machinery and equipment; 24,065
(b) Calendar years 1993, 1994, and 1995, with regard to a 24,067
credit claimed for the purchase during calendar year 1999 of new 24,068
manufacturing machinery and equipment; 24,069
(c) Calendar years 1994, 1995, and 1996, with regard to a 24,071
credit claimed for the purchase during calendar year 2000 of new 24,072
manufacturing machinery and equipment; 24,073
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 24,075
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 24,076
MANUFACTURING MACHINERY AND EQUIPMENT; 24,077
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 24,079
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 24,080
MANUFACTURING MACHINERY AND EQUIPMENT; 24,081
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 24,083
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 24,084
MANUFACTURING MACHINERY AND EQUIPMENT; 24,085
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 24,087
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 24,088
MANUFACTURING MACHINERY AND EQUIPMENT; 24,089
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 24,091
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 24,092
MANUFACTURING MACHINERY AND EQUIPMENT; 24,093
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 24,095
553
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 24,097
nonrefundable credit is allowed against the tax imposed by 24,099
section 5733.06 of the Revised Code for a taxpayer that purchases 24,100
new manufacturing machinery and equipment during the qualifying 24,101
period, provided that the new manufacturing machinery and 24,102
equipment are installed in this state no later than December 31, 24,104
2001 2006.
(2) The credit is also available to a taxpayer that is a 24,106
partner in a partnership that purchases new manufacturing 24,107
machinery and equipment during the qualifying period, provided 24,108
that the partnership installs the new manufacturing machinery and 24,109
equipment in this state no later than December 31, 2001 2006. 24,110
The taxpayer shall determine the credit amount as provided in 24,112
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 24,114
of this section, a credit may be claimed under this section in 24,115
excess of one million dollars only if the cost of all 24,116
manufacturing machinery and equipment owned in this state by the 24,117
taxpayer claiming the credit on the last day of the calendar year 24,118
exceeds the cost of all manufacturing machinery and equipment 24,119
owned in this state by the taxpayer on the first day of that 24,120
calendar year.
As used in division (B)(3)(a) of this section, "calendar 24,123
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 24,124
(b) Division (B)(3)(a) of this section does not apply if 24,127
the taxpayer claiming the credit applies for and is issued a 24,128
waiver of the requirement of that division. A taxpayer may apply 24,129
to the director of the department of development for such a 24,130
waiver in the manner prescribed by the director, and the director 24,131
may issue such a waiver if the director determines that granting 24,132
the credit is necessary to increase or retain employees in this 24,134
state, and that the credit has not caused relocation of 24,135
554
manufacturing machinery and equipment among counties within this 24,136
state for the primary purpose of qualifying for the credit. 24,137
(C)(1) Except as otherwise provided in division (C)(2) AND 24,140
DIVISION (I) of this section, the credit amount is equal to seven 24,141
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 24,143
calendar year for use in a county over the county average new 24,144
manufacturing machinery and equipment investment for that county. 24,145
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 24,148
division (C)(2) of this section, "county excess" means the 24,149
taxpayer's excess cost for a county as computed under division 24,150
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 24,153
with a county excess, whose purchases included purchases for use 24,154
in any eligible area in the county, the credit amount is equal to 24,155
thirteen and one-half per cent of the cost of the new 24,156
manufacturing machinery and equipment purchased during the 24,157
calendar year for use in the eligible areas in the county, 24,158
provided that the cost subject to the thirteen and one-half per 24,159
cent rate shall not exceed the county excess. If the county 24,160
excess is greater than the cost of the new manufacturing 24,161
machinery and equipment purchased during the calendar year for 24,163
use in eligible areas in the county, the credit amount also shall 24,164
include an amount equal to seven and one-half per cent of the 24,165
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 24,167
manufacturing machinery and equipment in more than one county or 24,168
eligible area, it shall aggregate the amount of those credits 24,169
each year.
(4) The taxpayer shall claim one-seventh of the credit 24,171
amount for the tax year immediately following the calendar year 24,172
in which the new manufacturing machinery and equipment is 24,173
purchased for use in the county by the taxpayer or partnership. 24,175
One-seventh of the taxpayer credit amount is allowed for each of 24,176
555
the six ensuing tax years. Except for carried-forward amounts, 24,177
the taxpayer is not allowed any credit amount remaining if the 24,178
new manufacturing machinery and equipment is sold by the taxpayer 24,180
or partnership or is transferred by the taxpayer or partnership 24,181
out of the county before the end of the seven-year period. 24,182
(5)(a) A taxpayer that acquires manufacturing machinery 24,184
and equipment as a result of a merger with the taxpayer with whom 24,186
commenced the original use in this state of the manufacturing 24,187
machinery and equipment, or with a taxpayer that was a partner in 24,188
a partnership with whom commenced the original use in this state 24,189
of the manufacturing machinery and equipment, is entitled to any 24,190
remaining or carried-forward credit amounts to which the taxpayer 24,191
was entitled.
(b) A taxpayer that enters into an agreement under 24,193
division (C)(3) of section 5709.62 of the Revised Code and that 24,194
acquires manufacturing machinery or equipment as a result of 24,196
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 24,197
commenced the original use in this state of the manufacturing 24,199
machinery or equipment, and that operates the large manufacturing 24,200
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 24,201
sold the facility would have been entitled under this section had 24,203
the other taxpayer not sold the manufacturing facility or 24,204
equipment.
(c) New manufacturing machinery and equipment is not 24,207
considered sold if a pass-through entity transfers to another 24,208
pass-through entity substantially all of its assets as part of a 24,209
plan of reorganization under which substantially all gain and 24,210
loss is not recognized by the pass-through entity that is 24,211
transferring the new manufacturing machinery and equipment to the 24,212
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 24,213
in part, by reference to the basis of the pass-through entity 24,214
556
which transferred the new manufacturing machinery and equipment 24,215
to the transferee. 24,216
(d) Division (C)(5) of this section shall apply only if 24,218
the acquiring taxpayer or transferee does not sell the new 24,220
manufacturing machinery and equipment or transfer the new 24,221
manufacturing machinery and equipment out of the county before 24,222
the end of the seven-year period to which division (C)(4) of this 24,223
section refers.
(e) Division (C)(5)(b) of this section applies only to the 24,226
extent that the taxpayer that sold the manufacturing machinery or 24,227
equipment, upon request, timely provides to the tax commissioner 24,228
any information that the tax commissioner considers to be 24,229
necessary to ascertain any remaining or carried-forward amounts 24,230
to which the taxpayer that sold the facility would have been 24,231
entitled under this section had the taxpayer not sold the 24,232
manufacturing machinery or equipment. Nothing in division 24,233
(C)(5)(b) or (e) of this section shall be construed to allow a 24,235
taxpayer to claim any credit amount with respect to the acquired 24,236
manufacturing machinery or equipment that is greater than the 24,237
amount that would have been available to the other taxpayer that 24,238
sold the manufacturing machinery or equipment had the other 24,239
taxpayer not sold the manufacturing machinery or equipment. 24,240
(D) The taxpayer shall claim the credit in the order 24,243
required under section 5733.98 of the Revised Code. Each year, 24,244
any credit amount in excess of the tax due under section 5733.06 24,245
of the Revised Code after allowing for any other credits that 24,247
precede the credit under this section in that order may be 24,248
carried forward for three tax years. 24,249
(E) A taxpayer purchasing new manufacturing machinery and 24,252
equipment and intending to claim the credit shall file, with the 24,253
department of development, a notice of intent to claim the credit 24,254
on a form prescribed by the department of development. The 24,255
department of development shall inform the tax commissioner of 24,256
the notice of intent to claim the credit. 24,257
557
(F) The director of development shall annually certify, by 24,260
the first day of January of each year during the qualifying 24,261
period, the eligible areas for the tax credit for the calendar 24,262
year that includes that first day of January. The director shall 24,263
send a copy of the certification to the tax commissioner. 24,264
(G) New manufacturing machinery and equipment for which a 24,266
taxpayer claims the credit under section 5733.31, 5733.311, 24,268
5747.26, or 5747.261 of the Revised Code shall not be considered 24,270
new manufacturing machinery and equipment for purposes of the 24,271
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 24,273
partnership, the county average new manufacturing machinery and 24,274
equipment investment shall be determined based on the number of 24,275
years, if any, the partnership was in existence during baseline 24,276
years. In determining the county average new manufacturing 24,277
machinery and equipment investment, the excess of the cost of new 24,278
manufacturing machinery and equipment purchased during the 24,279
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 24,280
taxpayer's distributive PROPORTIONATE share of the cost of new 24,281
manufacturing machinery and equipment purchased by a partnership 24,283
in which the corporation had a direct or indirect investment 24,284
during the calendar year prior to the first day of a tax year for 24,285
which the taxpayer is claiming the credit. These determinations 24,286
and calculations shall be made for the taxpayer's calendar year 24,287
during which the partnership made the purchase. 24,288
(2) Nothing in this section shall be construed to limit or 24,290
disallow pass-through treatment of a pass-through entity's 24,291
income, deductions, credits, or other amounts necessary to 24,292
compute the tax imposed by section 5733.06 of the Revised Code 24,293
and the credits allowed by this chapter. 24,294
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 24,296
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 24,297
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 24,298
558
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 24,299
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 24,300
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 24,301
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 24,302
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 24,303
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 24,304
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 24,305
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 24,306
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 24,307
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 24,309
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 24,310
Sec. 5739.31. (A)(1) No person shall engage in the 24,319
business of selling at retail or sell at retail incidental to any 24,320
other regularly conducted business without having a license 24,321
therefor, as required by sections 5739.01 to 5739.31 of the 24,322
Revised Code. 24,323
(2) No person shall engage in the business of selling at 24,325
retail as a transient vendor, as defined in division (B) of 24,326
section 5739.17 of the Revised Code, without first having 24,327
obtained a license as required by that section. 24,328
(3) No person shall engage in the business of selling at 24,330
retail as a limited vendor as defined in division (B) of section 24,331
5739.17 of the Revised Code, without first having a license as 24,332
required by that section. 24,333
(B) No person shall continue to engage in the business of 24,335
selling at retail or sell at retail incidental to any other 24,336
regularly conducted business after the license issued to that 24,337
person pursuant to section 5739.17 of the Revised Code has been 24,338
revoked under section 5739.19 of the Revised Code or while the 24,339
license is suspended by the tax commissioner under division 24,340
559
(B)(2) of section 5739.30 of the Revised Code, nor shall any 24,341
person obtain a new license from the county auditor OR THE TAX 24,342
COMMISSIONER while such revocation or suspension is in effect. 24,344
If a corporation's license has been revoked or suspended, none of 24,345
its officers, or employees having control or supervision of or 24,346
charged with the responsibility of filing returns and making 24,347
payments of tax due, shall obtain a license from the county 24,348
auditor OR THE TAX COMMISSIONER during the period of such 24,350
revocation or suspension.
Sec. 5743.08. Whenever the tax commissioner discovers any 24,359
cigarettes, subject to the taxes levied under section 5743.02, 24,360
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 24,362
which the taxes have not been paid, the commissioner may seize 24,363
and take possession of such cigarettes, which shall thereupon be 24,364
forfeited to the state, and the commissioner may within a 24,365
reasonable time thereafter, by a notice posted upon the premises 24,366
where such seizure is made, or by publication in some newspaper 24,367
having circulation in the county in which such seizure is made, 24,368
at least five days before the day of the sale, sell such THE 24,369
forfeited cigarettes, and from. FROM the proceeds of such THE 24,372
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 24,374
together with a penalty of one hundred per cent and PAY the costs 24,375
incurred in such proceedings, and pay the balance to the person 24,376
in whose possession such forfeited cigarettes were found ANY 24,377
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 24,378
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 24,380
and sale shall not be deemed to relieve any person from the fine 24,381
or imprisonment provided for violation of sections 5743.01 to 24,382
5743.20 of the Revised Code. Such THE sale shall be made in the 24,383
county where it is most convenient and economical. Except to the 24,385
extent that any county or convention facilities authority tax was 24,386
owed on such cigarettes, money collected under this section shall 24,388
be paid into the state treasury. If any county or convention 24,389
facilities authority tax was owed on such cigarettes, an amount 24,390
560
equal to the amount of the county or convention facilities 24,391
authority tax owed shall be paid to the county or convention 24,392
facilities authority levying the tax. The tax commissioner may 24,393
order the destruction of the forfeited cigarettes if the quantity 24,394
OR QUALITY of THE cigarettes is not sufficient to warrant their 24,396
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 24,405
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 24,406
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 24,407
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 24,409
from making a full inspection of any place where cigarettes 24,410
subject to the tax levied under section 5743.02, 5743.023, 24,411
5743.024, or 5743.026 of the Revised Code are sold or stored, or 24,413
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 24,414
5743.20 of the Revised Code. 24,415
Sec. 5743.55. Whenever the tax commissioner discovers any 24,424
tobacco products, subject to the tax levied under section 24,425
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 24,426
the tax has not been paid or the commissioner has reason to 24,427
believe the tax is being avoided, the commissioner may seize and 24,428
take possession of the tobacco products, which, upon seizure, 24,429
shall be forfeited to the state. Within a reasonable time after 24,430
seizure, the commissioner may sell the forfeited tobacco 24,432
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 24,433
in the county in which this seizure is made at least five days 24,434
before the day of the sale. The. FROM THE proceeds from OF this 24,436
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 24,437
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 24,438
be considered as revenue arising from the tax. The seizure and 24,439
sale shall not relieve any person from the fine or imprisonment 24,440
provided for violation of sections 5743.51 to 5743.66 of the 24,441
561
Revised Code. The commissioner shall make the sale in the county 24,442
where it is most convenient and economical, but may order the 24,443
destruction of the forfeited tobacco products if the quantity or 24,444
quality of tobacco products is not sufficient to warrant their 24,445
sale. 24,446
Sec. 5743.59. (A) No retail dealer of tobacco products 24,455
shall have in his THE RETAIL DEALER'S possession tobacco products 24,457
on which the tax imposed by section 5743.51 of the Revised Code 24,458
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 24,459
invoices from distributors stating the tax has been paid. 24,461
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 24,463
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 24,464
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 24,466
from making a full inspection of any place where tobacco products 24,468
subject to the tax imposed by section 5743.51 of the Revised Code 24,469
are sold or stored, or prevent or hinder the full inspection of 24,470
invoices, books, or records required to be kept by section 24,471
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 24,480
5743.11, 5743.12, or division (C) of section 5743.54 of the 24,481
Revised Code is guilty of a misdemeanor of the first degree. If 24,482
the offender has been previously convicted of an offense under 24,483
this division, violation is a felony of the fourth degree. 24,484
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 24,486
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 24,487
felony of the fourth degree. If the offender has been previously 24,489
convicted of an offense under this division, violation is a 24,490
felony of the second degree. 24,491
(C) Whoever violates section 5743.41 or 5743.42 of the 24,493
Revised Code is guilty of a misdemeanor of the fourth degree. If 24,494
the offender has been previously convicted of an offense under 24,495
this division, violation is a misdemeanor of the third degree. 24,496
562
(D) Whoever violates any provision of this chapter, or any 24,498
rule promulgated by the tax commissioner under authority of this 24,499
chapter, for the violation of which no penalty is provided 24,500
elsewhere, is guilty of a misdemeanor of the fourth degree. 24,501
(E) In addition to any other penalty imposed upon a person 24,503
convicted of a violation of section 5743.112 or 5743.60 of the 24,504
Revised Code who was the operator of a motor vehicle used in the 24,505
violation, the registrar of motor vehicles shall suspend any 24,506
driver's or commercial driver's license issued to the offender 24,507
pursuant to the order and determination of the trial judge of any 24,508
court of record as provided in section 4507.16 of the Revised 24,509
Code. 24,510
Sec. 5747.11. (A) The tax commissioner shall refund to 24,519
employers, qualifying entities, or taxpayers, with respect to any 24,521
tax imposed under section 5733.41, 5747.02, or 5747.41, or 24,522
Chapter 5748. of the Revised Code: 24,523
(1) Overpayments of more than one dollar; 24,525
(2) Amounts in excess of one dollar paid illegally or 24,527
erroneously; 24,528
(3) Amounts in excess of one dollar paid on an illegal, 24,530
erroneous, or excessive assessment. 24,531
(B) Except as otherwise provided under divisions (D) and 24,533
(E) of this section, applications for refund shall be filed with 24,534
the tax commissioner, on the form prescribed by the commissioner, 24,535
within four years from the date of the illegal, erroneous, or 24,536
excessive payment of the tax, or within any additional period 24,537
allowed by division (B)(3)(b) of section 5747.05, division (B) of 24,538
section 5747.10, division (A) of section 5747.13, or division (C) 24,539
of section 5747.45 of the Revised Code. 24,540
On filing of the refund application, the commissioner shall 24,542
determine the amount of refund due and certify such amount to the 24,543
director of budget and management and treasurer of state for 24,544
payment from the tax refund fund created by section 5703.052 of 24,545
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 24,546
563
(C) OF SECTION 117.45 OF THE REVISED CODE. 24,547
(C)(1) Interest shall be allowed and paid upon any illegal 24,549
or erroneous assessment in excess of one dollar in respect of the 24,550
tax imposed under section 5747.02 or Chapter 5748. of the Revised 24,552
Code at the rate per annum prescribed by section 5703.47 of the 24,553
Revised Code from the date of the payment of the illegal or 24,554
erroneous assessment until the date the refund of such amount is 24,555
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 24,556
employer or taxpayer, rather than from an assessment by the 24,557
commissioner, such interest shall run from a period ninety days 24,558
after the final filing date of the annual return until the date 24,559
the refund is paid. 24,560
(2) Interest shall be allowed and paid at the rate per 24,562
annum prescribed by section 5703.47 of the Revised Code upon any 24,563
overpayment in excess of one dollar in respect of the tax imposed 24,564
under section 5747.02 or Chapter 5748. of the Revised Code from 24,565
the date of the overpayment until the date of the refund of the 24,566
overpayment, except that if any overpayment is refunded within 24,567
ninety days after the final filing date of the annual return or 24,568
ninety days after the return is filed, whichever is later, no 24,569
interest shall be allowed on such overpayment. If the 24,570
overpayment results from the carryback of a net operating loss or 24,571
net capital loss to a previous taxable year, the overpayment is 24,572
deemed not to have been made prior to the filing date, including 24,573
any extension thereof, for the taxable year in which the net 24,574
operating loss or net capital loss arises. For purposes of the 24,575
payment of interest on overpayments, no amount of tax, for any 24,576
taxable year, shall be treated as having been paid before the 24,577
date on which the tax return for that year was due without regard 24,578
to any extension of time for filing such return. 24,579
(3) Interest shall be allowed at the rate per annum 24,581
prescribed by section 5703.47 of the Revised Code on amounts 24,582
refunded with respect to the taxes imposed under sections 5733.41 24,584
564
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 24,586
refund is paid: the day the illegal, erroneous, or excessive 24,587
payment was made; the ninetieth day after the final day the 24,588
annual report was required to be filed under section 5747.42 of 24,589
the Revised Code; or the ninetieth day after the day that report 24,590
was filed.
(D) "Ninety days" shall be substituted for "four years" in 24,592
division (B) of this section if the taxpayer satisfies both of 24,593
the following conditions:
(1) The taxpayer has applied for a refund based in whole 24,595
or in part upon section 5747.059 of the Revised Code; 24,596
(2) The taxpayer asserts that either the imposition or 24,598
collection of the tax imposed or charged by this chapter or any 24,599
portion of such tax violates the Constitution of the United 24,600
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 24,602
of the following conditions are satisfied: 24,603
(a) A qualifying entity pays an amount of the tax imposed 24,605
by section 5733.41 or 5747.41 of the Revised Code; 24,606
(b) The taxpayer is a qualifying investor as to that 24,608
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 24,610
section 5747.059 of the Revised Code as to the tax described in 24,611
division (E)(1)(a) of this section; 24,612
(d) The four-year period described in division (B) of this 24,614
section has ended as to the taxable year for which the taxpayer 24,615
otherwise would have claimed that credit. 24,616
(2) A taxpayer shall file an application for refund 24,618
pursuant to division (E) of this section within one year after 24,619
the date the payment described in division (E)(1)(a) of this 24,620
section is made. An application filed under division (E)(2) of 24,621
this section shall claim refund only of overpayments resulting 24,622
from the taxpayer's failure to claim the credit described in
565
division (E)(1)(c) of this section. Nothing in division (E) of 24,623
this section shall be construed to relieve a taxpayer from 24,624
complying with division (A)(16) of section 5747.01 of the Revised 24,625
Code.
Sec. 5749.02. (A) For the purpose of providing revenue to 24,634
administer the state's coal mining and reclamation regulatory 24,635
program, to meet the environmental and resource management needs 24,636
of this state, and to reclaim land affected by mining, an excise 24,637
tax is hereby levied on the privilege of engaging in the 24,638
severance of natural resources from the soil or water of this 24,639
state. The tax shall be imposed upon the severer and shall be: 24,640
(1) Seven cents per ton of coal; 24,642
(2) Four cents per ton of salt; 24,644
(3) Two cents per ton of limestone or dolomite; 24,646
(4) Two cents per ton of sand and gravel; 24,648
(5) Ten cents per barrel of oil; 24,650
(6) Two and one-half cents per thousand cubic feet of 24,652
natural gas; 24,653
(7) One cent per ton of clay, sandstone or conglomerate, 24,655
shale, gypsum, or quartzite. 24,656
(B) Of the moneys received by the treasurer of state from 24,658
the tax levied in division (A)(1) of this section, six and 24,659
three-tenths per cent shall be credited to the geological mapping 24,660
fund created in section 1505.09 of the Revised Code, fourteen and 24,661
two-tenths per cent shall be credited to the reclamation 24,663
supplemental forfeiture fund created in division (B) of section 24,664
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 24,665
shall be credited to the coal mining administration and 24,666
reclamation reserve fund created in section 1513.181 of the 24,667
Revised Code, and the remainder shall be credited to the 24,668
unreclaimed lands fund created in section 1513.30 of the Revised 24,669
Code. When, within ten days before or after the beginning of a 24,670
fiscal year, the chief of the division of mines and reclamation 24,671
finds that the balance of the coal mining administration and 24,672
566
reclamation reserve fund is below two million dollars, the chief 24,673
shall certify that fact to the director of budget and management. 24,674
Upon receipt of the chief's certification, the director shall 24,675
direct the treasurer of state to instead credit to the coal 24,676
mining administration and reclamation reserve fund during the 24,677
fiscal year for which the certification is made the fourteen and 24,678
two-tenths per cent of the moneys collected from the tax levied 24,679
in division (A)(1) of this section and otherwise required by this 24,680
division to be credited to the reclamation supplemental 24,681
forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 24,683
state from the tax levied in division (A)(2) of this section 24,684
shall be credited to the geological mapping fund and the 24,685
remainder shall be credited to the unreclaimed lands fund. 24,686
Of the moneys received by the treasurer of state from the 24,688
tax levied in divisions (A)(3) and (4) of this section, seven and 24,689
five-tenths per cent shall be credited to the geological mapping 24,690
fund, forty-two and five-tenths per cent shall be credited to the 24,691
unreclaimed lands fund, and the remainder shall be credited to 24,692
the surface mining administration fund created in section 1514.11 24,693
of the Revised Code. 24,694
Of the moneys received by the treasurer of state from the 24,696
tax levied in divisions (A)(5) and (6) of this section, twenty 24,697
NINETY per cent shall be credited to the oil and gas well 24,698
plugging fund created in section 1509.071 1509.02 of the Revised 24,700
Code, AND ten per cent shall be credited to the geological 24,701
mapping fund, and seventy per cent shall be credited to the oil
and gas permit fund created in section 1509.02 of the Revised 24,703
Code. All of the moneys received by the treasurer of state from 24,704
the tax levied in division (A)(7) of this section shall be 24,705
credited to the surface mining administration fund. 24,706
(C) For the purpose of paying the state's expenses for 24,708
reclaiming mined lands that the operator failed to reclaim under 24,710
a coal mining and reclamation permit issued under Chapter 1513. 24,711
567
of the Revised Code, or under a surface mining permit issued 24,714
under Chapter 1514. of the Revised Code, for which the operator's 24,715
bond is not sufficient to pay the state's expense for 24,716
reclamation, there is hereby levied an excise tax on the 24,717
privilege of engaging in the severance of coal from the soil or 24,718
water of this state in addition to the taxes levied by divisions 24,719
(A)(1) and (D) of this section. The tax shall be imposed at the 24,720
rate of one cent per ton of coal. Moneys received by the 24,722
treasurer of state from the tax levied under this division shall 24,723
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 24,725
(D) For the purpose of paying the state's expenses for 24,727
reclaiming coal mined lands that the operator failed to reclaim 24,728
in accordance with Chapter 1513. of the Revised Code under a coal 24,729
mining and reclamation permit issued after April 10, 1972, but 24,730
before September 1, 1981, for which the operator's bond is not 24,731
sufficient to pay the state's expense for reclamation and paying 24,732
the expenses for administering the state's coal mining and 24,733
reclamation regulatory program, there is hereby levied an excise 24,734
tax on the privilege of engaging in the severance of coal from 24,735
the soil or water of this state in addition to the taxes levied 24,736
by divisions (A)(1) and (C) of this section. The tax shall be 24,737
imposed at the rate of one cent per ton of coal as prescribed in 24,738
this division. Moneys received by the treasurer of state from 24,739
the tax levied by this division shall be credited to the 24,740
reclamation supplemental forfeiture fund created in division (B) 24,742
of section 1513.18 of the Revised Code. 24,743
When, at the close of any fiscal year, the chief finds that 24,745
the balance of the reclamation supplemental forfeiture fund, plus 24,747
estimated transfers to it from the coal mining and reclamation 24,748
reserve fund under section 1513.181 of the Revised Code, plus the 24,749
estimated revenues from the tax levied by this division for the 24,750
remainder of the calendar year that includes the close of the 24,751
fiscal year, are sufficient to complete the reclamation of such 24,752
568
lands, the purposes for which the tax under this division is 24,753
levied shall be deemed accomplished at the end of that calendar 24,754
year. The chief, within thirty days after the close of the 24,755
fiscal year, shall certify those findings to the tax 24,756
commissioner, and the tax shall cease to be imposed after the 24,758
last day of that calendar year.
(E) On the day fixed for the payment of the severance 24,760
taxes required to be paid by this section, the taxes with any 24,761
penalties or interest on them shall become a lien on all property 24,763
of the taxpayer in this state whether the property is employed by 24,765
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 24,766
creditors or stockholders. The lien shall continue until the 24,767
taxes and any penalties or interest thereon are paid. 24,768
Upon failure of the taxpayer to pay a tax on the day fixed 24,770
for payment, the tax commissioner may file, for which no filing 24,771
fee shall be charged, in the office of the county recorder in 24,772
each county in this state in which the taxpayer owns or has a 24,773
beneficial interest in real estate, notice of the lien containing 24,774
a brief description of the real estate. The lien shall not be 24,775
valid as against any mortgagee, purchaser, or judgment creditor 24,776
whose rights have attached prior to the time the notice is filed 24,777
in the county in which the real estate that is the subject of the 24,779
mortgage, purchase, or judgment lien is located. The notice
shall be recorded in a book kept by the recorder called the 24,780
"severance tax lien record" and indexed under the name of the 24,781
taxpayer charged with the tax. When the tax has been paid, the 24,782
tax commissioner shall furnish to the taxpayer an acknowledgement 24,783
of payment, which the taxpayer may record with the recorder of 24,784
each county in which notice of the lien has been filed. 24,785
Sec. 5907.11. (A) The superintendent of the Ohio 24,794
veterans' home, with the approval of the board of trustees of the 24,795
Ohio veterans' home, may establish a local fund to be used for 24,797
the entertainment and welfare of the residents of the Ohio 24,799
569
veterans' home. The fund shall be designated as the home
improvement RESIDENTS' BENEFIT fund and shall be operated for the 24,802
exclusive benefit of the residents of the Ohio veterans' home. 24,804
The fund shall receive all revenue from the sale of commissary 24,805
items and shall receive all moneys received as donations from any 24,806
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 24,808
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 24,809
THE OHIO VETERANS HALL OF FAME. 24,810
(C) The superintendent, subject to the approval of the 24,812
board of trustees, shall establish rules for the operation of the 24,814
home improvement RESIDENTS' BENEFIT fund. 24,815
Sec. 5907.13. Residents of the Ohio veterans' home may be 24,824
assessed a fee to pay a portion of the expenses of their support, 24,825
dependent upon their ability to pay. Subject to controlling 24,826
board approval, the board of trustees of the Ohio veterans' home 24,827
shall adopt rules for determining a resident's ability to pay. 24,828
Each resident shall furnish the board of trustees such statements 24,829
of income, assets, debts, and expenses as THAT the board 24,830
requires. All 24,831
ALL fees contributed by the residents under this section 24,834
shall be deposited into an interest-bearing account in a public 24,835
depository in accordance with section 135.18 of the Revised Code. 24,836
All such OF THESE fees shall be paid to the treasurer of state 24,838
within thirty days after the end of the month of receipt, 24,839
together with all interest credited to the account to date. The 24,840
treasurer of state shall credit eighty per cent of these fees and 24,841
of this interest to the Ohio veterans' home operating fund and 24,842
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 24,843
veterans' home fund. The 24,845
THE fee for each resident shall be based upon the level of 24,848
care received for domiciliary or nursing home services PROVIDED 24,849
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 24,850
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 24,851
570
for each resident shall not exceed the difference between the 24,852
total per diem amount collected by the state for maintenance from 24,853
all sources on the resident's behalf and the average annual per 24,854
diem cost for the resident's maintenance, computed in accordance 24,855
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 24,864
States department of veterans affairs in per diem grants for 24,866
state home domiciliary and nursing home care THAT THE OHIO 24,868
VETERANS' HOME PROVIDES shall be deposited in the state treasury 24,869
to the credit of the Ohio veterans' home federal grant fund, 24,870
which is hereby created. Money credited to the fund shall be 24,871
used only for the operating costs of the Ohio veterans' home. 24,872
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 24,875
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 24,876
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 24,877
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 24,878
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 24,879
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 24,880
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 24,881
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 24,882
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 24,883
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 24,884
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 24,893
treasury the Ohio veterans VETERANS' home rental and, service 24,895
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 24,898
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 24,899
agreements for the use of facilities, supplies, equipment, 24,901
utilities, or services provided by the home, AND FROM MEDICARE 24,902
REIMBURSEMENTS shall be credited to the fund. The fund shall be 24,903
used only for maintenance costs of the home AND FOR THE PURCHASE 24,904
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 24,905
HOME.
571
Sec. 6109.01. As used in this chapter: 24,914
(A) "Public water system" means a system for the provision 24,916
to the public of piped water for human consumption THROUGH PIPES 24,917
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 24,919
fifteen service connections or regularly serves at least 24,920
twenty-five individuals. "Public water system" includes any 24,921
collection, treatment, storage, and distribution facilities under 24,922
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 24,923
storage facilities not under such control that are used primarily 24,925
in connection with the system, and any water supply system 24,926
serving an agricultural labor camp as defined in section 3733.41 24,927
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 24,929
biological, or radiological substance or matter in water. 24,930
(C) "Person" means the state, any political subdivision, 24,932
agency, institution, or instrumentality thereof, any federal 24,933
agency, and any person as defined in section 1.59 of the Revised 24,934
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 24,936
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 24,937
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 24,938
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 24,939
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 24,940
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 24,941
(E) "Community water system" means a public water system 24,943
that has at least fifteen service connections used by year-round 24,944
residents or that regularly serves at least twenty-five 24,945
year-round residents.
(F) "Small system" means a public water system serving a 24,947
population of ten thousand or fewer individuals. 24,948
(G) "Technical assistance" means nonfinancial assistance 24,950
provided by the state to public water systems and other eligible 24,951
572
applicants, including, without limitation, assistance for 24,952
planning and design, development, and implementation of source 24,953
water quality protection programs; locating alternative supplies 24,954
of drinking water; operational training; restructuring or 24,955
consolidation of small systems; providing treatment information 24,956
in order to assist compliance with a national primary drinking 24,957
water standard; and other nonfinancial assistance authorized by 24,958
the requirements governing the funds established under this 24,959
chapter. 24,960
(H) "Disadvantaged community" means the service area or 24,962
portion of a service area of a public water system that meets 24,963
affordability and other criteria established by the director of 24,964
environmental protection in rules adopted under division (M) of 24,965
section 6109.22 of the Revised Code and may include the service 24,966
area or portion of a service area of a public water system
located in a distressed area as defined in section 122.19 of the 24,967
Revised Code.
(I) "Director of environmental protection" or "director" 24,969
includes an authorized representative of the director. 24,970
(J) "Federal Water Pollution Control Act" has the same 24,972
meaning as in section 6111.01 of the Revised Code. 24,973
Sec. 6109.21. (A) Except as provided in divisions (D) and 24,983
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 24,984
without a license issued by the director of environmental 24,985
protection. A person who operates or maintains a public water 24,986
system on January 1, 1994, shall obtain an initial license under 24,987
this section in accordance with the following schedule: 24,988
(1) If the public water system is a community water 24,990
system, not later than January 31, 1994; 24,991
(2) If the public water system is not a community water 24,993
system and serves a nontransient population, not later than 24,994
January 31, 1994; 24,995
(3) If the public water system is not a community water 24,997
573
system and serves a transient population, not later than January 24,998
31, 1995. 24,999
A person proposing to operate or maintain a new public 25,001
water system after January 1, 1994, in addition to complying with 25,002
section 6109.07 of the Revised Code and rules adopted under it, 25,003
shall submit an application for an initial license under this 25,004
section to the director prior to commencing operation of the 25,005
system. 25,006
A license or license renewal issued under this section 25,008
shall be renewed annually. Such a license or license renewal 25,009
shall expire on the thirtieth day of January in the year 25,010
following its issuance. A license holder that proposes to 25,011
continue operating the public water system for which the license 25,012
or license renewal was issued shall apply for a license renewal 25,013
at least thirty days prior to that expiration date. 25,014
The director shall adopt, and may amend and rescind, rules 25,016
in accordance with Chapter 119. of the Revised Code establishing 25,017
procedures governing and information to be included on 25,018
applications for licenses and license renewals under this 25,019
section. Through June 30, 2000 2002, each application shall be 25,021
accompanied by the appropriate fee established under division (M) 25,022
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 25,023
maintain a new public water system after January 1, 1994, shall 25,024
submit a fee that equals a prorated amount of the appropriate fee 25,025
established under that division for the remainder of the 25,026
licensing year. 25,027
(B) Not later than thirty days after receiving a completed 25,029
application and the appropriate license fee for an initial 25,030
license under division (A) of this section, the director shall 25,031
issue the license for the public water system. Not later than 25,032
thirty days after receiving a completed application and the 25,033
appropriate license fee for a license renewal under division (A) 25,034
of this section, the director shall do one of the following: 25,035
574
(1) Issue the license renewal for the public water system; 25,037
(2) Issue the license renewal subject to terms and 25,039
conditions that the director determines are necessary to ensure 25,040
compliance with this chapter and rules adopted under it; 25,041
(3) Deny the license renewal if the director finds that 25,043
the public water system was not operated in substantial 25,044
compliance with this chapter and rules adopted under it. 25,045
(C) The director may suspend or revoke a license or 25,047
license renewal issued under this section if the director finds 25,048
that the public water system was not operated in substantial 25,049
compliance with this chapter and rules adopted under it. The 25,050
director shall adopt, and may amend and rescind, rules in 25,051
accordance with Chapter 119. of the Revised Code governing such 25,052
suspensions and revocations. 25,053
(D)(1) As used in division (D) of this section, "church" 25,055
means a fellowship of believers, congregation, society, 25,056
corporation, convention, or association that is formed primarily 25,057
or exclusively for religious purposes and that is not formed or 25,058
operated for the private profit of any person. 25,059
(2) This section does not apply to a church that operates 25,061
or maintains a public water system solely to provide water for 25,062
that church or for a campground that is owned by the church and 25,063
operated primarily or exclusively for members of the church and 25,064
their families. A church that, on or before the effective date 25,065
of this amendment MARCH 5, 1996, has obtained a license under 25,067
this section for such a public water system need not obtain a
license renewal under this section. 25,068
(E) This section does not apply to any public or nonpublic 25,070
school that meets minimum standards of the state board of 25,071
education that operates or maintains a public water system solely 25,072
to provide water for that school. 25,073
Sec. 6119.10. The board of trustees of a regional water 25,082
and sewer district or any officer or employee designated by such 25,083
THE board may make any contract for the purchase of supplies or 25,085
575
material or for labor for any work, under the supervision of the 25,086
board, the cost of which shall not exceed ten FIFTEEN thousand 25,087
dollars. When an expenditure, other than for the acquisition of 25,089
real estate and interests in real estate, the discharge of 25,090
noncontractual claims, personal services, the joint use of 25,091
facilities or the exercise of powers with other political 25,092
subdivisions, or for the product or services of public utilities, 25,093
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 25,095
be made only after a notice calling for bids has been published 25,096
not less than two consecutive weeks in at least one newspaper 25,097
having a general circulation within the district. If the bids 25,098
are for a contract for the construction, demolition, alteration, 25,099
repair, or reconstruction of an improvement, the board may let 25,100
the contract to the lowest and best bidder who meets the 25,101
requirements of section 153.54 of the Revised Code. If the bids 25,102
are for a contract for any other work relating to the 25,103
improvements for which a regional water and sewer district was 25,104
established, the board of trustees of the regional water and 25,105
sewer district may let the contract to the lowest or best bidder 25,106
who gives a good and approved bond with ample security 25,107
conditioned on the carrying out of the contract. Such THE 25,108
contract shall be in writing and shall be accompanied by or shall 25,110
refer to plans and specifications for the work to be done, 25,111
approved by the board. The plans and specifications shall at all 25,112
times be made and considered part of the contract. The contract 25,113
shall be approved by the board and signed by its president or 25,114
other duly authorized officer and by the contractor. In case of 25,115
a real and present emergency, the board of trustees of the 25,116
district may, by two-thirds vote of all members, MAY authorize 25,117
the president or other duly authorized officer to enter into a 25,118
contract for work to be done or for the purchase of supplies or 25,119
materials without formal bidding or advertising. All contracts 25,120
shall have attached the certificate required by section 5705.41 25,121
of the Revised Code duly executed by the secretary of the board 25,122
576
of trustees of the district. The district may make improvements 25,123
by force account or direct labor, provided THAT, if the estimated 25,124
cost of supplies or material for any such improvement exceeds ten 25,125
FIFTEEN thousand dollars, bids shall be received as provided in 25,127
this section. For the purposes of the competitive bidding 25,128
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 25,129
contracts for labor, supplies, or materials if such THE contracts 25,131
are in fact a part of a single contract required to be bid 25,132
competitively under this section. 25,133
Section 2. That existing sections 109.081, 111.18, 117.14, 25,135
117.44, 117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 25,137
120.33, 122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 25,139
126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 131.01, 149.30, 25,140
166.03, 166.05, 307.851, 307.98, 329.04, 329.06, 329.12, 901.41, 25,142
901.62, 901.63, 924.51, 924.55, 1155.07, 1155.10, 1155.13, 25,144
1163.09, 1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 1507.01,
1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 2305.232, 25,145
2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 3375.90, 25,146
3383.08, 3517.152, 3701.04, 3702.52, 3702.57, 3702.58, 3702.68, 25,148
3705.24, 3721.31, 3721.33, 3734.02, 3734.05, 3734.06, 3734.57, 25,149
3734.82, 3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 3742.08, 25,150
3742.19, 3745.11, 3748.07, 3748.13, 3750.02, 3793.10, 4105.17, 25,152
4112.12, 4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4511.191,
4511.83, 4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 25,155
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 25,156
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 25,157
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 25,159
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 25,160
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 25,161
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 25,162
5104.30, 5104.34, 5104.38, 5107.10, 5107.16, 5107.26, 5112.03, 25,164
5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 5115.01, 5119.16, 25,165
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 25,166
577
5502.25, 5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 25,167
5709.632, 5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 5743.55, 25,168
5743.59, 5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 5907.141, 25,169
5907.15, 6109.01, 6109.21, and 6119.10 and sections 1155.131, 25,171
1163.17, 5107.77, and 5115.08 of the Revised Code are hereby 25,172
repealed. That existing Section 4 of Sub. H.B. 167 of the 121st 25,175
General Assembly, as amended by Sub. H.B. 710 of the 121st
General Assembly and Am. Sub. H.B. 215 of the 122nd General 25,176
Assembly, is hereby repealed. 25,177
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 25,179
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 25,180
General Assembly, be amended to read as follows: 25,181
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 25,184
General Assembly shall take effect July 1, 1999 2001." 25,185
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 25,187
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 25,188
the 122nd General Assembly, is hereby repealed. 25,189
Section 5. Except as otherwise provided, all appropriation 25,191
line items (ALI) in this act are hereby appropriated out of any 25,192
moneys in the state treasury to the credit of the designated 25,193
fund, which are not otherwise appropriated. For all 25,194
appropriations made in this act, those amounts in the first 25,195
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 25,196
FND ALI ALI TITLE FY 2000 FY 2001 25,205
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 25,208
General Services Fund Group 25,210
4J8 889-601 CPA Education 25,213
Assistance $ 200,000 $ 200,000 25,215
4K9 889-609 Operating Expenses $ 791,470 $ 788,557 25,219
TOTAL GSF General Services Fund 25,220
Group $ 991,470 $ 988,557 25,223
TOTAL ALL BUDGET FUND GROUPS $ 991,470 $ 988,557 25,226
Section 7. PAY ACCRUED LEAVE LIABILITY 25,229
578
Accrued Leave Liability Fund Group 25,231
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 25,236
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 25,240
TOTAL ALF Accrued Leave Liability 25,241
Fund Group $ 85,022,501 $ 93,470,274 25,244
Agency Fund Group 25,247
808 995-668 State Employee Health 25,250
Benefit Fund $ 125,908,931 $ 133,973,454 25,252
809 995-669 Dependent Care 25,254
Spending Account $ 2,579,750 $ 2,773,231 25,256
810 995-670 Life Insurance 25,258
Investment Fund $ 2,259,874 $ 2,372,867 25,260
811 995-671 Parental Leave 25,262
Benefit Fund $ 4,149,522 $ 5,186,902 25,264
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 25,267
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 25,273
Accrued Leave Liability Fund 25,276
The foregoing appropriation item 995-666, Accrued Leave 25,278
Fund, shall be used to make payments from the Accrued Leave 25,279
Liability Fund (Fund 806), pursuant to section 125.211 of the 25,280
Revised Code. If it is determined by the Director of Budget and 25,281
Management that additional amounts are necessary, the amounts are 25,282
hereby appropriated. 25,283
State Employee Disability Leave Benefit Fund 25,285
The foregoing appropriation item 995-667, Disability Fund, 25,287
shall be used to make payments from the State Employee Disability 25,288
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 25,289
Revised Code. If it is determined by the Director of Budget and 25,290
Management that additional amounts are necessary, the amounts are 25,291
hereby appropriated. 25,292
State Employee Health Benefit Fund 25,294
The foregoing appropriation item 995-668, State Employee 25,296
Health Benefit Fund, shall be used to make payments from the 25,297
State Employee Health Benefit Fund (Fund 808), pursuant to 25,298
579
section 124.87 of the Revised Code. If it is determined by the 25,299
Director of Budget and Management that additional amounts are 25,300
necessary, the amounts are hereby appropriated. 25,301
Dependent Care Spending Account 25,303
The foregoing appropriation item 995-669, Dependent Care 25,305
Spending Account, shall be used to make payments from the 25,306
Dependent Care Spending Account (Fund 809) to employees eligible 25,307
for dependent care expenses. If it is determined by the Director 25,308
of Budget and Management that additional amounts are necessary, 25,309
the amounts are hereby appropriated. 25,310
Life Insurance Investment Fund 25,312
The foregoing appropriation item 995-670, Life Insurance 25,314
Investment Fund, shall be used to make payments from the Life 25,315
Insurance Investment Fund (Fund 810) for the costs and expenses 25,316
of the state's life insurance benefit program pursuant to section 25,317
125.212 of the Revised Code. If it is determined by the Director 25,318
of Budget and Management that additional amounts are necessary, 25,319
the amounts are hereby appropriated. 25,320
Parental Leave Benefit Fund 25,322
The foregoing appropriation item 995-671, Parental Leave 25,324
Benefit Fund, shall be used to make payments from the Parental 25,325
Leave Benefit Fund (Fund 811) to employees eligible for parental 25,326
leave benefits pursuant to section 124.137 of the Revised Code. 25,327
If it is determined by the Director of Budget and Management that 25,328
additional amounts are necessary, the amounts are hereby 25,329
appropriated. 25,330
Section 8. ADJ ADJUTANT GENERAL 25,332
General Revenue Fund 25,334
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 25,339
GRF 745-403 Armory Deferred 25,341
Maintenance $ 800,000 $ 800,000 25,343
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 25,347
GRF 745-409 Central 25,349
Administration $ 3,860,435 $ 3,848,936 25,351
580
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 25,355
GRF 745-502 Ohio National Guard 25,357
Unit Fund $ 118,086 $ 121,392 25,359
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 25,362
General Services Fund Group 25,365
534 745-612 Armory Improvements $ 511,500 $ 523,776 25,370
536 745-620 Camp Perry Clubhouse 25,372
and Rental $ 996,340 $ 1,008,771 25,374
537 745-604 ONG Maintenance $ 205,163 $ 209,847 25,378
TOTAL GSF General Services Fund 25,379
Group $ 1,713,003 $ 1,742,394 25,382
Federal Special Revenue Fund Group 25,385
3E8 745-628 Air National Guard 25,388
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 25,390
3R8 745-603 Counter Drug 25,392
Operations $ 100,000 $ 100,000 25,394
3S0 745-602 Higher Ground 25,396
Training $ 35,000 $ 35,000 25,398
341 745-615 Air National Guard 25,400
Base Security $ 2,008,925 $ 1,992,760 25,402
342 745-616 Army National Guard 25,404
Service Agreement $ 4,370,403 $ 4,439,930 25,406
343 745-619 Army National Guard 25,408
Training Site
Agreement $ 2,734,477 $ 2,781,245 25,410
TOTAL FED Federal Special Revenue 25,411
Fund Group $ 20,429,107 $ 20,598,733 25,414
State Special Revenue Fund Group 25,417
528 745-605 Marksmanship 25,419
Activities $ 61,600 $ 63,078 25,421
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 25,424
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 25,429
581
Armory Deferred Maintenance 25,432
Of the foregoing appropriation item 745-403, Armory 25,434
Deferred Maintenance, all disbursements shall be made based on a 25,435
spending plan approved by the Director of Budget and Management. 25,436
Marksmanship Activities 25,438
On July 1, 1999, or as soon thereafter as possible, the 25,440
Director of Budget and Management shall transfer the cash balance 25,441
in the Marksmanship Program (Fund 340) to Marksmanship Activities 25,442
(Fund 528), and Fund 340 is hereby abolished. The director shall 25,443
cancel any existing encumbrances against appropriation item 25,444
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 25,445
528). The amounts of the reestablished encumbrances are hereby 25,446
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 25,448
General Revenue Fund 25,450
GRF 100-402 Unemployment 25,453
Compensation $ 130,591 $ 134,069 25,455
GRF 100-405 Agency Audit Expenses $ 667,767 $ 765,956 25,459
GRF 100-406 County & University 25,461
Human Resources
Services $ 1,263,419 $ 1,244,851 25,463
GRF 100-409 Departmental 25,465
Information Services $ 1,518,558 $ 1,489,757 25,467
GRF 100-410 Veterans' Records 25,469
Conversion $ 500,000 $ 500,000 25,471
GRF 100-414 Ohio Geographically 25,473
Referenced
Information Program $ 642,224 $ 659,227 25,475
GRF 100-416 Strategic Technology 25,477
Development Programs $ 4,043,290 $ 4,188,593 25,479
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 25,483
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 25,487
582
GRF 100-433 State of Ohio 25,489
Computer Center $ 5,090,081 $ 5,204,349 25,491
GRF 100-439 Equal Opportunity 25,493
Programs $ 1,394,375 $ 1,430,694 25,495
GRF 100-447 OBA - Building Rent 25,497
Payments $ 89,400,000 $ 97,335,000 25,499
GRF 100-448 OBA - Building 25,501
Operating Payments $ 25,498,000 $ 25,498,000 25,503
GRF 100-449 DAS - Building 25,505
Operating Payments $ 5,637,392 $ 5,620,548 25,507
GRF 100-451 Minority Affairs $ 126,551 $ 128,910 25,511
GRF 130-321 State Agency Support 25,513
Services $ 3,938,112 $ 3,994,685 25,515
TOTAL GRF General Revenue Fund $ 150,637,909 $ 159,065,213 25,518
General Services Fund Group 25,521
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 25,526
115 100-632 Central Service 25,528
Agency $ 389,317 $ 398,151 25,530
117 100-644 General Services 25,532
Division - Operating $ 6,152,252 $ 5,836,960 25,534
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 25,538
125 100-622 Human Resources 25,540
Division - Operating $ 21,275,977 $ 19,663,245 25,542
127 100-627 Vehicle Liability 25,544
Insurance $ 4,160,053 $ 4,276,001 25,546
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 25,550
130 100-606 Fidelity Bonding 25,552
Programs $ 109,611 $ 112,497 25,554
131 100-639 State Architect's 25,556
Office $ 6,154,743 $ 6,066,535 25,558
132 100-631 DAS Building 25,560
Management $ 10,584,283 $ 10,327,827 25,562
188 100-649 Equal Opportunity 25,564
Programs $ 2,194,260 $ 2,228,255 25,566
583
201 100-653 General Services 25,568
Resale Merchandise $ 1,978,768 $ 2,034,174 25,570
210 100-612 State Printing $ 6,157,561 $ 6,322,592 25,574
4H2 100-604 Governor's Residence 25,576
Gift $ 21,622 $ 22,141 25,578
4P3 100-603 Departmental MIS 25,580
Services $ 6,493,349 $ 7,312,130 25,582
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 25,586
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 25,590
TOTAL GSF General Services Fund 25,591
Group $ 80,845,416 $ 80,066,246 25,594
Federal Special Revenue Fund Group 25,597
307 100-633 Federal Special 25,600
Revenue $ 262,000 $ 0 25,602
TOTAL FED Federal Special Revenue 25,603
Fund Group $ 262,000 $ 0 25,606
State Special Revenue Fund Group 25,609
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 25,613
TOTAL SSR State Special Revenue 25,614
Fund Group $ 12,000,000 $ 12,000,000 25,617
Intragovernmental Service Fund Group 25,620
133 100-607 Information 25,623
Technology Fund $ 92,027,981 $ 91,726,824 25,625
4N6 100-617 Major Computer 25,627
Purchases $ 19,016,469 $ 19,472,864 25,629
TOTAL ISF Intragovernmental 25,630
Service Fund Group $ 111,044,450 $ 111,199,688 25,633
Agency Fund Group 25,636
113 100-628 Unemployment 25,639
Compensation $ 4,884,530 $ 5,128,757 25,641
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 25,645
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 25,648
Holding Account Redistribution Fund Group 25,651
584
R08 100-646 General Services 25,654
Refunds $ 20,000 $ 20,000 25,656
TOTAL 090 Holding Account 25,657
Redistribution Fund Group $ 20,000 $ 20,000 25,660
TOTAL ALL BUDGET FUND GROUPS $2,144,694,305 $2,241,729,904 25,663
Section 9.01. Agency Audit Expenses 25,666
Of the foregoing appropriation item 100-405, Agency Audit 25,668
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 25,669
in fiscal year 2001 shall be used to subsidize the operations of 25,670
the Central Service Agency. The Department of Administrative 25,671
Services shall transfer cash from appropriation item 100-405, 25,672
Agency Adult Expenses, to the Central Service Agency Fund (Fund 25,673
115) using an intrastate transfer voucher. 25,674
Of the foregoing appropriation item 100-405, Agency Audit 25,676
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 25,677
year 2001 shall be used for the Department of Administrative 25,680
Services' GRF line item-related auditing expenses. The remainder 25,681
of the appropriation shall be used for auditing expenses 25,682
designated in division (A)(1) of section 117.13 of the Revised 25,683
Code for those state agencies audited on a biennial basis. 25,684
Of the foregoing appropriation item 100-406, County & 25,686
University Human Resources Services, the Director of 25,687
Administrative Services shall transfer $10,795 in fiscal year 25,688
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 25,689
that should have accrued to the Workforce Development Fund in 25,690
fiscal year 1998. This transfer shall be made using an 25,691
intrastate transfer voucher.
Veterans' Records Conversion 25,693
The office of Veterans Affairs within the Office of the 25,695
Governor shall identify the Merchant Marines who served in the 25,696
war zone in World War II.
Fidelity Bonding Programs 25,698
Pursuant to a written request by the Chief of the Division 25,700
of Wildlife in the Department of Natural Resources, the 25,701
585
self-insured blanket fidelity bonding program authorized by 25,702
section 9.832 of the Revised Code shall revert to the Division of 25,703
Wildlife effective July 1, 1999. Upon receipt of the chief's 25,704
request, the Department of Administrative Services shall prepare 25,705
a preliminary estimate of the amount of cash held on behalf of 25,706
the Division of Wildlife that is not committed for costs incurred 25,707
by or for the self-insured fidelity bonding program. The 25,708
Director of Administrative Services shall certify such amount to 25,709
the Director of Budget and Management. Upon receipt of the 25,710
certification, the Director of Budget and Management shall 25,711
transfer the amount of cash certified by the Director of 25,712
Administrative Services from the State Insurance Pool (Fund 130) 25,713
to the Wildlife Fund created in section 1531.17 of the Revised 25,714
Code. After transfer of the preliminary estimate of cash to the 25,715
Wildlife Fund, the Department of Administrative Services shall 25,716
reconcile fiscal year 1999 financial activity in the State 25,717
Insurance Pool. The department shall determine the final amount 25,718
of cash to be transferred between the State Insurance Pool and 25,719
the Wildlife Fund. The Director of Budget and Management shall 25,720
transfer the final amount certified to the Wildlife Fund or to 25,721
the State Insurance Pool as appropriate.
Section 9.02. Ohio Building Authority 25,723
The foregoing appropriation item 100-447, OBA - Building 25,725
Rent Payments, shall be used to meet all payments at the times 25,727
they are required to be made during the period from July 1, 1999, 25,728
to June 30, 2001, by the Department of Administrative Services to 25,729
the Ohio Building Authority pursuant to leases and agreements 25,730
under Chapter 152. of the Revised Code, but limited to the 25,731
aggregate amount of $186,735,000. The foregoing appropriation 25,732
item 100-448, OBA - Building Operating Payments, shall be used to 25,734
meet all payments at the times that they are required to be made 25,735
during the period from July 1, 1999, to June 30, 2001, by the 25,736
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 25,738
586
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 25,739
pledged for bond service charges on obligations issued pursuant 25,740
to Chapter 152. of the Revised Code. 25,741
The payments to the Ohio Building Authority are for the 25,743
purpose of paying the expenses of agencies that occupy space in 25,744
the various state facilities. The Department of Administrative 25,745
Services may enter into leases and agreements with the Ohio 25,746
Building Authority providing for the payment of such expenses. 25,747
The Ohio Building Authority shall report to the Department of 25,749
Administrative Services and the Office of Budget and Management 25,750
not later than five months after the start of a fiscal year the 25,751
actual expenses incurred by the Ohio Building Authority in 25,752
operating such facilities and any balances remaining from 25,753
payments and rentals received in the prior fiscal year. The 25,754
Department of Administrative Services shall reduce subsequent 25,755
payments by the amount of the balance reported to it by the Ohio 25,756
Building Authority.
Section 9.03. DAS - Building Operating Payments 25,758
The foregoing appropriation item 100-449, DAS - Building 25,760
Operating Payments, shall be used to pay the rent expenses of 25,762
veterans organizations pursuant to section 123.024 of the Revised 25,763
Code in fiscal years 2000 and 2001. 25,764
Notwithstanding section 125.28 of the Revised Code, the 25,766
remaining portion of this appropriation may be used to pay the 25,768
operating expenses of state facilities maintained by the 25,770
Department of Administrative Services that are not billed to 25,772
building tenants. Such expenses may include, but are not limited 25,774
to, the costs for vacant space and space undergoing renovation, 25,775
and the rent expenses of tenants that are relocated due to 25,776
building renovations. 25,777
Such payments shall be processed by the Department of 25,779
Administrative Services through intrastate vouchers and placed in 25,781
the Facilities Management Fund (Fund 132). 25,783
587
Section 9.04. Equal Opportunity Programs and Minority 25,785
Affairs
The Department of Administrative Services, with the 25,787
approval of the Director of Budget and Management, shall 25,788
establish charges for recovering the costs of administering the 25,789
activities supported by the Equal Opportunity Programs Fund (Fund 25,790
188). These charges shall be deposited to the credit of the 25,792
Equal Opportunity Programs Fund (Fund 188) upon payment made by 25,793
state agencies; state-supported or state-assisted institutions of 25,795
higher education; and tax-supported agencies, municipal 25,796
corporations, or other political subdivisions of the state, for 25,797
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 25,800
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 25,802
point and official representation to multi-cultural communities; 25,803
research and reports on multi-cultural issues; and educational, 25,804
governmental, and other services that foster multi-cultural 25,805
opportunities and understanding in the state of Ohio. 25,806
Section 9.05. Central Service Agency Fund 25,808
In order to complete the migration of the licensing 25,810
applications of the professional licensing boards to a local area 25,812
network, the Director of Budget and Management may, at the 25,813
request of the Director of Administrative Services, cancel 25,814
related encumbrances in the Central Service Agency Fund (Fund 25,815
115) and reestablish these encumbrances in fiscal year 2000 for 25,816
the same purpose and to the same vendor. The Director of Budget 25,817
and Management shall reduce the appropriation balance in fiscal 25,818
year 1999 by the amount of encumbrances canceled in Fund 115. As 25,819
determined by the Director of Budget and Management, the 25,820
appropriation authority necessary to reestablish such 25,821
encumbrances or parts of encumbrances in fiscal year 2000 in the 25,822
Central Service Agency Fund (Fund 115) is hereby appropriated. 25,823
The Director of Budget and Management may transfer up to 25,825
588
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 25,826
2001 from the Occupational Licensing and Regulatory Fund (Fund 25,827
4K9) to the Central Service Agency Fund (Fund 115). The Director 25,828
of Budget and Management may transfer up to $300,000 in fiscal 25,829
year 2000 and up to $300,000 in fiscal year 2001 from the State 25,830
Medical Board Operating Fund (Fund 5C6) to the Central Service 25,831
Agency Fund (Fund 115). The appropriation item 100-632, Central 25,832
Service Agency, shall be used to purchase the necessary 25,833
equipment, products, and services to install a local area network 25,834
for the professional licensing boards, to improve processing of 25,835
their licensing applications to this fiscal year 2001. 25,837
Appropriation authority equal to the cash transfer is hereby 25,838
appropriated to appropriation item 100-632, Central Service 25,839
Agency.
Section 9.06. Tuition Reimbursement 25,841
Of the foregoing appropriation item 100-622, Human 25,843
Resources Division - Operating, $250,000 in fiscal year 2000 and 25,844
$250,000 in fiscal year 2001 shall be set aside for the District 25,845
1199 Health Care Employees Tuition Reimbursement Program, per 25,846
existing collective bargaining agreements. Of the foregoing 25,847
appropriation item 100-622, Human Resources Division - Operating, 25,848
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 25,849
be set aside for the Ohio Education Association Tuition 25,850
Reimbursement Program, per existing collective bargaining 25,851
agreements. The Department of Administrative Services, with the 25,852
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 25,853
District 1199 Health Care Employees Tuition Reimbursement Program 25,854
and the Ohio Education Association Tuition Reimbursement Program. 25,855
Receipts for these charges shall be deposited into the Human 25,856
Resources Services Fund (Fund 125). 25,857
Innovation Ohio 25,859
Of the foregoing appropriation item 100-622, Human 25,861
Resources Division - Operating, $174,004 in fiscal year 2000 and 25,862
589
$178,876 in fiscal year 2001 shall be used for the Innovation 25,863
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 25,866
With approval of the Director of Budget and Management, the 25,868
Department of Administrative Services may seek reimbursement from 25,869
state agencies for the actual costs and expenses the department 25,870
incurs in the collective bargaining arbitration process. Such 25,871
reimbursements shall be processed through intrastate transfer 25,872
vouchers and placed in the Collective Bargaining Fund (Fund 128). 25,873
DAS Building Management 25,875
Of the foregoing appropriation item 100-631, DAS Building 25,877
Management, up to $175,000 may be used to pay office relocation 25,878
and office remodeling costs for the veterans organizations 25,879
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 25,881
Management, up to $193,000 in fiscal year 2000 may be used to pay 25,882
site management and maintenance costs at the Water Tower Park 25,883
Project, formerly known as Coit Road. 25,884
Workforce Development Fund 25,886
There is hereby established in the state treasury the 25,888
Workforce Development Fund (Fund 5D7). The foregoing 25,889
appropriation item 100-621, Workforce Development, shall be used 25,890
to make payments from the fund. The fund shall be under the 25,891
supervision of the Department of Administrative Services, which 25,892
may adopt rules with regard to the administration of the fund. 25,893
The fund shall be used to pay the costs of the Workforce 25,894
Development Program established by Article 37 of the contract 25,895
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 25,896
March 1, 1997. The program shall be administered in accordance 25,897
with the contract. Revenues shall accrue to the fund as 25,898
specified in the contract. The fund may be used to pay direct 25,899
and indirect costs of the program that are attributable to staff, 25,900
consultants, and service providers. All income derived from the 25,901
investment of the fund shall accrue to the fund. 25,902
590
If it is determined by the Director of Administrative 25,904
Services that additional appropriation amounts are necessary, the 25,905
Director of Administrative Services may request that the Director 25,906
of Budget and Management increase such amounts. Such amounts are 25,907
hereby appropriated. 25,908
Section 9.08. Payroll Withholding Fund 25,910
The foregoing appropriation item 100-629, Payroll 25,912
Deductions, shall be used to make payments from the Payroll 25,913
Withholding Fund (Fund 124). If it is determined by the Director 25,914
of Budget and Management that additional appropriation amounts 25,915
are necessary, such amounts are hereby appropriated. 25,916
Section 9.09. General Services Charges 25,918
The Department of Administrative Services, with the 25,920
approval of the Director of Budget and Management, shall 25,921
establish charges for recovering the costs of administering the 25,922
programs in the General Services Administration Fund (Fund 117) 25,923
and the State Printing Fund (Fund 210). 25,925
Section 9.10. Merchandise for Resale 25,927
The foregoing appropriation item 100-653, General Services 25,929
Resale Merchandise, shall be used to account for merchandise for 25,930
resale, which is administered by the General Services Division. 25,931
Deposits to the fund may comprise the cost of merchandise for 25,932
resale and shipping fees. Notwithstanding any other language to 25,933
the contrary, the Director of Budget and Management may transfer 25,934
up to $150,000 cash from the General Services Resale Merchandise 25,935
Fund (Fund 201) to the General Services Fund (Fund 117) during 25,936
the 1999-2001 biennium. Appropriation item 100-644, General 25,937
Services Division - Operating, shall be used to pay the costs of 25,938
placing the forms distribution inventory on the internet. 25,939
Section 9.11. Unemployment Compensation Fund 25,941
The foregoing appropriation item 100-628, Unemployment 25,943
Compensation, shall be used to make payments from the 25,944
Unemployment Compensation Fund (Fund 113), pursuant to section 25,945
4141.241 of the Revised Code. If it is determined that 25,946
591
additional amounts are necessary, such amounts are hereby 25,947
appropriated. 25,948
Section 9.12. Governor's Residence Gift 25,950
The foregoing appropriation item 100-604, Governor's 25,952
Residence Gift, shall be used to provide part or all of the 25,953
funding related to construction, goods, or services for the 25,954
Governor's residence. All receipts for this purpose shall be 25,955
deposited into Fund 4H2. 25,956
Section 9.13. Investment Recovery Fund 25,958
Of the foregoing appropriation item 100-602, Investment 25,960
Recovery, up to $1,072,187 in fiscal year 2000 and up to 25,961
$1,057,259 in fiscal year 2001 shall be used to pay the operating 25,963
expenses of the State Surplus Property Program and the Surplus 25,964
Federal Property Program pursuant to Chapter 125. of the Revised 25,965
Code. If additional appropriations are necessary for the 25,966
operations of these programs, the Director of Administrative 25,967
Services shall seek increased appropriations from the Controlling 25,968
Board pursuant to section 131.35 of the Revised Code. 25,969
Of the foregoing appropriation item 100-602, Investment 25,971
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 25,972
fiscal year 2001 shall be used to transfer proceeds from the sale 25,974
of surplus property from the Investment Recovery Fund to 25,975
non-General Revenue Funds pursuant to division (A)(2) of section 25,976
125.14 of the Revised Code. If it is determined by the Director 25,977
of Administrative Services that additional appropriations are 25,978
necessary for the transfer of such sale proceeds, the Director of 25,979
Administrative Services may request that the Director of Budget 25,980
and Management increase such amounts. Such amounts are hereby 25,981
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 25,983
balances in the Investment Recovery Fund may be used to support 25,984
the operating expenses of the Federal Surplus Property Program 25,985
created in sections 125.84 to 125.90 of the Revised Code. 25,986
Section 9.14. Departmental MIS 25,988
592
The foregoing appropriation item 100-603, Departmental MIS 25,990
Services, may be used to pay operating expenses of management 25,991
information systems activities in the Department of 25,992
Administrative Services. The Department of Administrative 25,993
Services shall establish charges for recovering the costs of 25,994
management information systems activities. These charges shall 25,995
be deposited to the credit of the Departmental MIS Fund (Fund 25,996
4P3), which is hereby created. 25,997
Notwithstanding any other language to the contrary, the 25,999
Director of Budget and Management may transfer up to $3,725,928 26,000
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 26,001
year 2001 appropriations from appropriation item 100-603, 26,002
Departmental MIS Services, to any Department of Administrative 26,003
Services non-General Revenue Fund appropriation item. The 26,005
appropriations transferred shall be used to make payments for 26,006
management information systems services. Notwithstanding any 26,007
other language to the contrary, the Director of Budget and 26,008
Management may transfer up to $654,383 of fiscal year 2000 26,009
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 26,010
Information Services, to any Department of Administrative 26,011
Services appropriation item in the General Revenue Fund. The 26,012
appropriations transferred shall be used to make payments for 26,013
management information systems services. 26,014
Section 9.15. Telecommunications Fund 26,016
Notwithstanding any other provisions of law to the 26,018
contrary, the Telecommunications Fund (Fund 123) created in 26,019
section 125.15 of the Revised Code shall cease to exist, 26,020
effective July 1, 1999. All assets, liabilities, revenues, and 26,021
obligations associated with the Telecommunications Fund are 26,022
hereby transferred to the Computer Services Fund (Fund 133) on 26,023
the effective date of this section.
Information Technology Fund 26,025
Of the foregoing appropriation item 100-607, Information 26,027
593
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 26,028
fiscal year 2001 shall be used for operating expenses of the Y2K 26,029
Competency Center. These moneys may also be used to assist the 26,030
procurement of services and equipment necessary for century date 26,031
conversions.
Section 9.16. Computer Equipment Purchases 26,033
The Director of Administrative Services shall compute the 26,035
amount of revenue attributable to the amortization of all 26,036
equipment purchases from appropriation items 100-607, Information 26,037
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 26,038
Major Equipment Purchases, which is recovered by the Department 26,039
of Administrative Services as part of the rates charged by Fund 26,040
133, Information Technology Fund. The Director of Budget and 26,041
Management may transfer this cash from Fund 133, Information 26,042
Technology Fund, to Fund 4N6, Equipment Purchases. 26,043
Section 9.17. Multi-Agency Radio Communication System Debt 26,045
Service Payments 26,046
The Director of Administrative Services, in consultation 26,048
with the Multi-Agency Radio Communication System (MARCS) Steering 26,049
Committee and the Director of Budget and Management, shall 26,050
determine the share of debt service payments attributable to 26,051
spending for MARCS components that are not specific to any one 26,052
agency and that shall be charged to agencies supported by the 26,053
motor fuel tax. Such share of debt service payments shall be 26,054
calculated for MARCS capital disbursements made beginning July 1, 26,056
1997. Within thirty days of any payment made from appropriation 26,057
item 100-447, OBA - Building Rent Payments, the Director of 26,058
Administrative Services shall certify to the Director of Budget 26,059
and Management the amount of this share. The Director of Budget 26,060
and Management shall transfer such amounts to the General Revenue 26,061
Fund from the Highway Operating Fund (Fund 002) established in 26,062
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 26,064
The foregoing appropriation item 100-646, General Services 26,066
594
Refunds, shall be used to hold bid guarantee and building plans 26,068
and specifications deposits until they are refunded. The 26,069
Director of Administrative Services may request that the Director 26,070
of Budget and Management transfer cash received for the costs of 26,071
providing the building plans and specifications to contractors 26,072
from the General Services Refund Fund to Fund 131, State 26,073
Architect's Office. Prior to the transfer of cash, the Director 26,075
of Administrative Services shall certify that such amounts are in 26,076
excess of amounts required for refunding deposits and are 26,077
directly related to costs of producing building plans and 26,078
specifications. If it is determined that additional 26,079
appropriations are necessary, such amounts are hereby 26,080
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 26,082
General Revenue Fund 26,084
GRF 036-100 Personal Services $ 549,872 $ 563,069 26,088
GRF 036-200 Maintenance $ 125,750 $ 128,768 26,092
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 26,095
State Special Revenue Fund Group 26,098
4H3 036-601 Commission on African 26,099
American Males -
Gifts/Grants $ 210,000 $ 210,000 26,101
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 26,105
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 26,108
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 26,111
General Revenue Fund 26,113
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 26,118
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 26,121
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 26,124
Operating 26,127
The Chief Administrative Officer of the House of 26,129
Representatives and the Clerk of the Senate shall determine, by 26,130
mutual agreement, which of them shall act as the fiscal agent for 26,132
595
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 26,134
General Revenue Fund 26,136
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 26,141
GRF 490-200 Maintenance $ 898,667 $ 916,640 26,145
GRF 490-300 Equipment $ 16,633 $ 16,966 26,149
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 26,153
GRF 490-404 Eldercare $ 211,287 $ 155,200 26,157
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 26,161
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 26,165
GRF 490-410 Long-Term Care 26,167
Ombudsman $ 1,431,251 $ 1,459,876 26,169
GRF 490-411 Senior Community 26,171
Services $ 13,645,032 $ 13,970,112 26,173
GRF 490-412 Residential State 26,175
Supplement $ 12,000,000 $ 12,800,000 26,177
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 26,181
GRF 490-418 Area Agency on Aging 26,183
Region 9, Inc. $ 77,036 $ 0 26,186
GRF 490-499 Senior Employment 26,188
Program $ 15,504 $ 15,892 26,190
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 26,194
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 26,198
TOTAL GRF General Revenue Fund $ 92,979,543 $ 99,511,141 26,201
General Services Fund Group 26,204
480 490-606 Senior Citizens 26,207
Services Special
Events $ 347,422 $ 355,760 26,209
TOTAL GSF General Services Fund 26,210
Group $ 347,422 $ 355,760 26,213
Federal Special Revenue Fund Group 26,216
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 26,221
3M3 490-611 Federal Aging 26,223
Nutrition $ 23,487,872 $ 25,010,161 26,225
596
3M4 490-612 Federal Supportive 26,227
Services $ 16,806,644 $ 18,537,855 26,229
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 26,233
322 490-618 Older Americans 26,235
Support Services $ 11,054,648 $ 11,946,028 26,238
TOTAL FED Federal Special Revenue 26,239
Fund Group $ 172,847,980 $ 187,772,650 26,242
State Special Revenue Fund Group 26,245
4C4 490-609 Regional Long-Term 26,248
Care Ombudsman 26,249
Program $ 420,614 $ 430,709 26,251
4H1 490-603 Aging Services $ 681,087 $ 697,433 26,255
4J4 490-610 PASSPORT/Residential 26,257
State Supplement $ 24,000,000 $ 24,000,000 26,259
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 26,263
TOTAL SSR State Special Revenue 26,264
Fund Group $ 32,401,701 $ 32,628,142 26,267
TOTAL ALL BUDGET FUND GROUPS $ 298,576,646 $ 320,267,693 26,270
Section 12.01. Pre-Admission Review for Nursing Facility 26,273
Admission 26,274
Pursuant to sections 5101.751 and 5101.754 of the Revised 26,277
Code and an interagency agreement, the Department of Human 26,278
Services shall designate the Department of Aging to perform 26,280
assessments under sections 5101.75 and 5111.204 of the Revised 26,282
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 26,284
Department of Aging may use not more than $2,200,000 in fiscal 26,285
year 2000 and $2,332,000 in fiscal year 2001 to perform the 26,287
assessments for persons not eligible for Medicaid in accordance 26,288
with the department's interagency agreement with the Department 26,290
of Human Services in fiscal year 2000 and with the Department of 26,291
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 26,293
Section 12.02. PASSPORT 26,295
Appropriation item 490-403, PASSPORT, and the amounts set 26,297
597
aside for the PASSPORT Waiver Program in appropriation item 26,298
490-610, PASSPORT/Residential State Supplement, may be used to 26,300
assess clients regardless of Medicaid eligibility. 26,301
The Director of Aging shall adopt rules in accordance with 26,303
section 111.15 of the Revised Code governing the nonwaiver funded 26,304
PASSPORT program, including client eligibility. 26,305
The Department of Aging shall administer the Medicaid 26,307
Waiver funded PASSPORT Home Care program as delegated by the 26,308
Department of Human Services in an interagency agreement. The 26,309
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 26,310
Services, and the amounts set aside for the PASSPORT Waiver 26,312
Program in appropriation item 490-610, PASSPORT/Residential State 26,313
Supplement, shall be used to provide the required state match for 26,315
federal Medicaid funds supporting the Medicaid Waiver funded 26,316
PASSPORT Home Care program. Appropriation item 490-403, 26,317
PASSPORT, and the amounts set aside for the PASSPORT Waiver 26,318
Program in appropriation item 490-610, PASSPORT/Residential State 26,319
Supplement, may also be used to support the Department of Aging's 26,321
administrative costs associated with operating the PASSPORT 26,322
program.
The foregoing appropriation item 490-607, PASSPORT, shall 26,324
be used to provide the federal matching share for all PASSPORT 26,325
program costs determined by the Department of Human Services to 26,326
be eligible for Medicaid reimbursement. 26,327
Eldercare Pilot 26,329
The foregoing appropriation item 490-404, Eldercare, shall 26,332
be used to fund the existing eldercare service programs and shall 26,333
be limited to providing services to those persons who are 26,334
enrolled in these programs on the effective date of this section. 26,335
STARS 26,337
The STARS (Seniors Teaching and Reaching Students) program 26,339
shall maintain at least one program in a rural district. 26,341
Senior Community Services 26,343
The foregoing appropriation item 490-411, Senior Community 26,345
598
Services, shall be used for services designated by the Department 26,347
of Aging including, but not limited to, home-delivered meals, 26,349
transportation services, personal care services, respite 26,351
services, home repair and care coordination. The Department of 26,353
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 26,355
income, frail, and cognitively impaired persons age 60 and over. 26,357
The department shall promote cost sharing by service recipients 26,359
for those services funded with block grant funds, including, 26,361
where possible, sliding fee scale payment systems based on the 26,363
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 26,365
Community Services, $100,000 in each fiscal year shall be for the 26,366
Visiting Nurses Association of Cleveland. 26,367
Alzheimers Respite 26,369
The foregoing appropriation item 490-414, Alzheimers 26,371
Respite, shall be used only to fund Alzheimer's disease services 26,373
under section 173.04 of the Revised Code.
Residential State Supplement 26,375
Of the foregoing appropriation item 490-412, Residential 26,377
State Supplement, $800,000 in FY 2001 shall be used to increase, 26,378
by at least $24, both the monthly benefit payments to Residential 26,379
State Supplement recipients and the allowable fee the Residential 26,380
State Supplement recipient pays to the provider of the approved 26,381
living arrangement.
Under the Residential State Supplement Program, $850 shall 26,384
be the amount used for determining whether a resident of a 26,385
residential care facility, as defined in section 3721.01 of the 26,387
Revised Code, is eligible for payments under the program and for 26,388
determining the amount per month an eligible resident will 26,389
receive. The Departments of Aging and Human Services shall 26,390
reflect this amount in any applicable rules the departments adopt 26,391
under section 173.35 of the Revised Code. 26,392
The $850 amount shall be increased by at least $24 to 26,394
599
reflect the $800,000 increase in funding for the Residential 26,395
State Supplement program set aside in fiscal year 2001 in 26,396
appropriation item 490-412.
Transfer of Residential State Supplement Appropriations 26,398
The Department of Aging may transfer cash by intrastate 26,400
transfer vouchers from the foregoing appropriation items 490-412, 26,402
Residential State Supplement, and 490-610, PASSPORT/Residential 26,404
State Supplement, to the Department of Human Services' Fund 4J5, 26,406
Home and Community-Based Services for the Aged Fund. The funds 26,408
shall be used to make benefit payments to Residential State 26,410
Supplement recipients.
Long-Term Care Ombudsman 26,412
The foregoing appropriation item 490-410, Long-Term Care 26,414
Ombudsman, shall be used for a program to fund ombudsman program 26,417
activities in nursing homes, adult care facilities, boarding 26,418
homes, and home and community care services. 26,419
Regional Long-Term Care Ombudsman Programs 26,421
The foregoing appropriation item 490-609, Regional 26,423
Long-Term Care Ombudsman Programs, shall be used solely to pay 26,426
the costs of operating the regional long-term care ombudsman 26,427
programs.
PASSPORT/Residential State Supplement 26,429
Of the foregoing appropriation item 490-610, 26,431
PASSPORT/Residential State Supplement, up to $2,835,000 each 26,432
fiscal year shall be used to fund the Residential State 26,434
Supplement program. The remaining available funds shall be used 26,435
to fund the PASSPORT program. 26,436
Section 12.03. Residential State Supplement 26,438
If the Department of Aging, in consultation with the 26,440
Director of Budget and Management, determines that available 26,441
funding is insufficient to make payments to all eligible 26,442
individuals, the department may establish priority policies to 26,443
further limit eligibility criteria. 26,444
Transfer of Appropriations - Federal Aging Nutrition, 26,446
600
Federal Supportive Services, and Older Americans Support Services 26,448
Upon written request of the Director of the Department of 26,450
Aging, the Director of Budget and Management may transfer 26,452
appropriation authority among line items 490-611, Federal Aging 26,454
Nutrition, 490-612, Federal Supportive Services, and 490-618, 26,456
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 26,458
Department of Aging shall report such transfers to the 26,460
Controlling Board at the next regularly scheduled meeting of the 26,462
board.
Americorps 26,464
The foregoing appropriation items 490-409, Americorps 26,466
Operations, and 490-617, Americorps Programs, shall be used in 26,468
accordance with section 121.40 of the Revised Code. 26,469
Section 13. AGR DEPARTMENT OF AGRICULTURE 26,471
General Revenue Fund 26,473
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 26,478
GRF 700-401 Animal Disease 26,480
Control $ 4,068,075 $ 4,058,066 26,482
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 26,486
GRF 700-403 Milk Lab Program $ 1,475,380 $ 1,476,907 26,490
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 26,494
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 26,498
GRF 700-406 Consumer Analytical 26,500
Lab $ 828,046 $ 817,680 26,502
GRF 700-407 Foods, Dairies, and 26,504
Drugs $ 1,528,717 $ 1,519,869 26,506
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 26,510
GRF 700-410 Plant Industry $ 1,619,128 $ 1,602,998 26,514
GRF 700-411 International Trade 26,516
and Market
Development $ 1,175,427 $ 1,176,063 26,518
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 26,522
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 26,526
601
GRF 700-415 Poultry Inspection $ 261,552 $ 262,964 26,530
GRF 700-424 Livestock Testing and 26,532
Inspections $ 200,839 $ 205,659 26,534
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 26,538
GRF 700-501 County Agricultural 26,540
Societies $ 455,900 $ 466,842 26,542
GRF 700-503 Swine and Cattle 26,544
Breeder Awards $ 121,250 $ 124,160 26,546
TOTAL GRF General Revenue Fund $ 21,966,172 $ 21,917,280 26,549
Federal Special Revenue Fund Group 26,552
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 26,557
3R2 700-614 Federal Plant 26,559
Industry $ 506,539 $ 492,198 26,561
326 700-618 Meat Inspection 26,563
Service $ 4,451,662 $ 4,444,566 26,565
336 700-617 Ohio Farm Loan 26,567
Revolving Fund $ 194,180 $ 194,180 26,569
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 26,573
TOTAL FED Federal Special Revenue 26,574
Fund Group $ 6,635,980 $ 6,626,655 26,577
State Special Revenue Fund Group 26,580
4C9 700-605 Feed, Fertilizer, and 26,583
Lime Inspection $ 791,987 $ 767,311 26,585
4E4 700-606 Utility Radiological 26,587
Safety $ 100,211 $ 99,733 26,589
4P7 700-610 Food Safety $ 237,871 $ 237,453 26,593
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 26,597
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 26,601
4T6 700-611 Poultry and Meat 26,603
Inspection $ 67,002 $ 66,751 26,605
4T7 700-613 International Trade 26,607
Fund $ 29,446 $ 30,153 26,609
4V0 700-602 License Fees $ 33,158 $ 33,954 26,613
602
4V5 700-615 Animal Industry Lab 26,615
Fund $ 13,146 $ 13,461 26,617
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 26,621
494 700-612 Agricultural 26,623
Commodity Marketing
Program $ 217,206 $ 222,419 26,625
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 26,629
497 700-627 Commodity Handlers 26,631
Regulatory Program $ 853,883 $ 850,342 26,633
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 26,637
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 26,641
579 700-630 Scale Certification $ 237,387 $ 237,507 26,645
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 26,649
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 26,653
TOTAL SSR State Special Revenue
Fund Group $ 8,870,886 $ 8,812,485 26,656
TOTAL ALL BUDGET FUND GROUPS $ 37,473,038 $ 37,356,420 26,659
Exotic Meat Inspection 26,662
Of the foregoing appropriation item 700-499, Meat 26,664
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 26,665
fiscal year 2001 shall be used for the inspection of exotic meat. 26,666
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 26,668
Agency Fund Group 26,670
4Z9 898-602 Small Business 26,673
Ombudsman $ 204,600 $ 209,579 26,675
5A0 898-603 Small Business 26,677
Assistance $ 184,140 $ 188,500 26,679
570 898-601 Operating Expenses $ 217,732 $ 223,000 26,683
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 26,686
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 26,689
Section 15. ADA DEPARTMENT OF ALCOHOL AND 26,692
DRUG ADDICTION SERVICES 26,693
General Revenue Fund 26,695
GRF 038-321 Operating Expenses $ 1,549,614 $ 1,532,505 26,700
603
GRF 038-401 Alcohol and Drug 26,702
Addiction Services $ 28,081,379 $ 28,418,617 26,704
GRF 038-404 Prevention Services $ 1,429,136 $ 1,455,436 26,708
TOTAL GRF General Revenue Fund $ 31,060,129 $ 31,406,558 26,711
Federal Special Revenue Fund Group 26,714
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 26,719
3G4 038-614 Substance Abuse Block 26,721
Grant $ 61,964,608 $ 61,964,607 26,723
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 26,727
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 26,731
3N8 038-611 Administrative 26,733
Reimbursement $ 932,509 $ 335,703 26,735
3T0 038-612 Social Services Block 26,737
Grant Transfer $ 1,623,864 $ 2,271,424 26,739
TOTAL FED Federal Special Revenue 26,740
Fund Group $ 93,373,425 $ 92,779,388 26,743
State Special Revenue Fund Group 26,746
4C5 038-606 Revolving 26,749
Loans/Recovery Homes $ 20,460 $ 20,972 26,751
475 038-621 Statewide Treatment 26,753
and Prevention $ 15,897,330 $ 16,338,475 26,755
689 038-604 Education and 26,757
Conferences $ 255,516 $ 260,624 26,759
TOTAL SSR State Special Revenue 26,760
Fund Group $ 16,173,306 $ 16,620,071 26,763
TOTAL ALL BUDGET FUND GROUPS $ 140,606,860 $ 140,806,017 26,766
Am. Sub. H.B. 484 of the 122nd General Assembly 26,769
Of the foregoing appropriation item 038-401, Alcohol and 26,771
Drug Addiction Services, all moneys except those designated for 26,772
other purposes in this section shall be expended in accordance 26,773
with the priorities established in Am. Sub. H.B. 484 of the 122nd 26,774
General Assembly.
Vocational Rehabilitation Services Agreement 26,776
The Department of Alcohol and Drug Addiction Services and 26,778
604
the Rehabilitation Services Commission shall enter into an 26,779
interagency agreement for the provision of vocational 26,780
rehabilitation services and staff to mutually eligible clients. 26,781
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 26,783
and $171,395 in fiscal year 2001 may be transferred to the 26,784
Rehabilitation Services Commission appropriation item 415-618, 26,785
Third Party Funding, to provide vocational rehabilitation 26,786
services and staff in accordance with the interagency agreement. 26,787
Treatment Services Expansion 26,789
Of the foregoing appropriation item 038-401, Alcohol and 26,791
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 26,793
$5,000,000 in fiscal year 2001 shall be used by the Department of 26,795
Alcohol and Drug Addiction Services to expand community-based 26,796
treatment of nonviolent offenders, rural treatment services, and 26,797
treatment services to persons under 100% of the federal poverty
guidelines. 26,798
Funding for the Client Engagement and Treatment Outcomes 26,800
Study
Of the foregoing appropriation item 038-401, Alcohol and 26,802
Drug Addiction Services, $75,000 in fiscal year 2000 and $75,000 26,803
in fiscal year 2001 shall be used to fund the study required in 26,804
this section under the heading of Client Engagement and Treatment 26,805
Outcomes Study. The funds shall be allocated to participating 26,806
boards for the cost of data collection, professional contact with 26,807
discharged clients, and providing non-Medicaid reimbursable
supports or services to clients, which will aid in relapse 26,808
prevention or client re-engagement, if relapse has occurred. The 26,809
Department shall use no more than five per cent of these funds 26,810
for administration.
Parent Awareness Task Force 26,812
The Parent Awareness Task Force shall study ways to engage 26,814
more parents in activities, coalitions, and educational programs 26,815
in Ohio relating to alcohol and other drug abuse prevention. Of 26,816
605
the foregoing appropriation item 038-404, Prevention Services, 26,817
$30,000 in each fiscal year may be used to support the functions 26,818
of the Parent Awareness Task Force.
Social Services Block Grant Transfer 26,820
Of the foregoing appropriation item 038-612, Social 26,822
Services Block Grant Transfer, $1,500,000 in fiscal year 2000 and 26,823
$2,000,000 in fiscal year 2001 shall be used to provide substance 26,824
abuse prevention and treatment services to children or their 26,825
families whose income is less than 200 per cent of the income 26,826
official proverty line (as defined by the federal Office of
Management and Budget). 26,827
Of the foregoing appropriation item 038-612, Social 26,829
Services Block Grant Transfer, $123,864 in fiscal year 2000 and 26,830
$271,424 in fiscal year 2001 shall be used to fund five new 26,831
adolescent mentoring programs in each year of the biennium to 26,832
serve children or their families whose income is less than 200
per cent of the income official poverty line (as defined by the 26,833
federal Office of Management and Budget). 26,834
Fund Adjustments 26,836
Effective July 1, 1999, or as soon thereafter as possible, 26,838
the Director of Budget and Management shall transfer the cash 26,840
balance in the Driver's Treatment and Intervention Fund (Fund 26,841
474), which is abolished in division (L)(2)(a) of section 26,842
4511.191 of the Revised Code as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 26,844
created in section 4301.30 of the Revised Code and was formerly 26,845
named the Alcoholism Detoxification Centers Fund. The Director
shall cancel any existing encumbrances against appropriation item 26,847
038-628, DWI Treatment (Fund 474), and reestablish them against 26,848
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 26,849
hereby appropriated. 26,850
Client Engagement and Treatment Outcomes Study 26,853
(A) Not later than thirty days after the effective date of 26,855
606
this section, the Department of Alcohol and Drug Addiction 26,856
Services shall convene a study council for the purpose of 26,857
studying client engagement and treatment outcomes. The council 26,858
shall include, at a minimum, representatives of at least four 26,859
different boards of alcohol, drug addiction, and mental health 26,860
services serving urban and rural alcohol, drug addiction, and 26,861
mental health service districts; representatives of certified 26,862
alcohol and drug addiction programs under contract with boards of 26,863
alcohol, drug addiction, and mental health services to provide 26,864
comprehensive addiction services; and other professionals with 26,865
interest or expertise in client engagement and treatment 26,866
outcomes. The department shall recruit persons who have 26,867
successfully completed the treatment goals of an individualized 26,868
treatment plan developed by the type of alcohol and drug 26,869
addiction program represented on the council to volunteer as 26,870
subjects of the study. As a condition of volunteering to be a 26,871
subject, a person must consent in accordance with section 3793.13 26,872
of the Revised Code to the study council receiving and using in 26,873
the study the person's records and information that otherwise are 26,874
confidential under that section.
(B) The study council shall do all of the following: 26,876
(1) Conduct the study for two years; 26,878
(2) Design the study; 26,880
(3) Use at least the following methodologies in conducting 26,882
the study: 26,883
(a) Having a professional contact a subject of the study 26,885
on the fifteenth, thirtieth, and sixtieth day after the subject's 26,886
discharge from treatment; 26,887
(b) In the case of a subject involved in the criminal 26,889
justice system, having a review conducted of court-ordered 26,890
testing and other existing records available to the council; 26,891
(c) Having a subject's family, neighbors, or employer 26,893
contacted if the subject gives permission for the contact. 26,894
(4) Establish requirements for the study's conduct, 26,896
607
including the method of collecting data and analyzing the data; 26,897
(5) Collect data with which to measure outcome variables, 26,899
including relapse, criminal recidivism, and employment status 26,900
among the subjects of the study; 26,901
(6) Determine the most successful means of, and time 26,903
frames for, intervening with the subjects of the study after 26,904
discharge from alcohol and drug addiction treatment to prevent 26,905
relapse, maximize life stability, and, in the case of subjects 26,906
who relapse, intervene as early as possible to assist them in 26,907
participating in appropriate services and activities; 26,908
(7) Recommend changes to existing statewide clinical 26,910
protocols and quality standards for publicly funded alcohol and 26,911
drug addiction treatment services with the goal of reducing rates 26,912
of relapse after treatment discharge; 26,913
(8) Issue progress reports to the department as required 26,915
by the department; 26,916
(9) Not later than ninety days after the conclusion of the 26,918
study, issue a final report to the department, the Speaker and 26,919
Minority Leader of the House of Representatives, and the 26,920
President and Minority Leader of the Senate. The final report 26,921
shall contain the council's recommendations for changes to state 26,922
law and rules with the goal of improving clinical quality and 26,923
reducing rates of relapse following treatment discharge. 26,924
(C) The study council shall cease to exist on completion 26,926
of its final report. 26,927
(D) The department shall look for and pursue funding 26,929
available to support the work of the study council, including any 26,930
funding available from the United States Substance Abuse and 26,931
Mental Health Services Administration and private charitable 26,932
foundations.
Section 16. AMB AMBULANCE LICENSING BOARD 26,934
General Services Fund Group 26,936
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 26,941
TOTAL GSF General Services 26,942
608
Fund Group $ 238,563 $ 235,570 26,945
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 26,948
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 26,951
General Services Fund Group 26,953
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 26,958
TOTAL GSF General Services Fund 26,959
Group $ 430,407 $ 430,473 26,962
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 26,965
Section 18. ART OHIO ARTS COUNCIL 26,969
General Revenue Fund 26,971
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 26,976
GRF 370-200 Maintenance $ 565,024 $ 578,585 26,980
GRF 370-300 Equipment $ 33,500 $ 34,304 26,984
GRF 370-502 Program Subsidies $ 14,711,022 $ 14,498,016 26,988
TOTAL GRF General Revenue Fund $ 17,461,900 $ 17,294,859 26,991
General Services Fund Group 26,994
4B7 370-603 Per Cent for Art 26,997
Acquisitions $ 81,066 $ 83,012 26,999
460 370-602 Gifts and Donations $ 121,661 $ 124,368 27,003
TOTAL GSF General Services Fund 27,004
Group $ 202,727 $ 207,380 27,007
Federal Special Revenue Fund Group 27,010
314 370-601 Federal Programs $ 664,600 $ 664,600 27,015
TOTAL FED Federal Special Revenue 27,016
Fund Group $ 664,600 $ 664,600 27,019
TOTAL ALL BUDGET FUND GROUPS $ 18,329,227 $ 18,166,839 27,022
Program Subsidies 27,025
A museum is not eligible to receive funds from 27,027
appropriation item 370-502, Program Subsidies, if $8,000,000 or 27,028
more in capital appropriations were appropriated by the state for 27,029
the museum between January 1, 1986, and December 31, 2000. 27,030
Of the foregoing appropriation item 370-502, Program 27,032
Subsidies, $500,000 in fiscal year 2000 shall be distributed to 27,033
the Cleveland Museum of Art.
609
Per Cent for Art Acquisitions 27,035
The unobligated balance remaining from prior projects of 27,037
appropriation item 370-603, Per Cent for Art Acquisitions, shall 27,039
be used by the Ohio Arts Council to pay for start-up costs in 27,040
connection with the selection of artists of new Per Cent for Art 27,041
projects.
In accordance with section 3379.10 of the Revised Code, the 27,043
Director of Budget and Management shall determine which 27,044
appropriations in this act are subject to the Per Cent for the 27,045
Arts Program. Not later than forty-five days after the effective 27,046
date of this section, the Director of Budget and Management shall 27,047
submit to the Director of the Ohio Arts Council and the 27,048
Controlling Board a report detailing the affected capital 27,049
projects by agency and appropriation item number, the amount of 27,051
the appropriation, and the amount of the appropriation reserved 27,052
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 27,055
COMMISSION 27,056
General Revenue Fund 27,058
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 27,063
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 27,067
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 27,070
General Services Fund Group 27,073
4T8 371-601 Riffe Theatre 27,076
Equipment Maintenance $ 21,622 $ 22,141 27,078
TOTAL GSF General Services Fund 27,079
Group $ 21,622 $ 22,141 27,082
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 27,085
Capital Donations Fund 27,088
The Executive Director of the Arts and Sports Facilities 27,090
Commission shall certify to the Director of Budget and Management 27,091
the amount of cash receipts and related investment income, 27,092
irrevocable letters of credit from a bank or private nonprofit 27,093
entity, or certification of the availability of funds which have 27,094
610
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 27,095
appropriation item 371-602, Capital Donations. Prior to 27,097
certifying these amounts to the director, the executive director 27,098
shall make a written agreement with the participating entity on 27,099
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 27,100
Capital Donations Fund Refunds 27,102
At the request of the Arts and Sports Facilities 27,104
Commission, the Director of Budget and Management shall cancel 27,105
current and prior year encumbrances in appropriation item 27,106
371-602, Capital Donations Fund, which are no longer needed for a 27,107
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 27,108
Budget and Management, the appropriation authority necessary to 27,109
make the refund is hereby appropriated. 27,110
Ohio Building Authority Lease Payments 27,112
Appropriations to the Arts and Sports Facilities Commission 27,114
from the General Revenue Fund include $57,000,000 for the 27,115
biennium for appropriation item 371-401, Lease Rental Payments. 27,116
This appropriation shall be used for payments to the Ohio 27,117
Building Authority for the period July 1, 1999 to June 30, 2001, 27,118
pursuant to the primary leases and agreements for those buildings 27,119
made under Chapter 152. of the Revised Code which are the source 27,120
of funds pledged for bond service charges on related obligations 27,121
issued pursuant to Chapter 152. of the Revised Code. 27,122
Section 20. ATH ATHLETIC COMMISSION 27,124
Special Services Fund Group 27,126
4K9 175-609 Athletic Commission - 27,129
Operating $ 137,640 $ 137,946 27,131
TOTAL GSF General Services Fund $ 137,640 $ 137,946 27,134
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 27,137
Section 21. AGO ATTORNEY GENERAL 27,140
611
General Revenue Fund 27,142
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 27,147
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 27,151
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 27,155
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 27,159
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 27,162
General Services Fund Group 27,165
106 055-612 General Reimbursement $ 11,252,999 $ 11,610,180 27,170
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 27,174
195 055-660 Workers' Compensation 27,176
Section $ 6,646,301 $ 6,794,833 27,178
4Y7 055-608 Title Defect 27,180
Rescission $ 785,800 $ 807,141 27,182
4Z2 055-609 BCI Asset Forfeiture 27,184
and Cost
Reimbursement $ 308,400 $ 317,035 27,186
418 055-615 Charitable 27,188
Foundations $ 1,460,757 $ 1,498,158 27,190
420 055-603 Attorney General 27,192
Antitrust $ 220,108 $ 226,184 27,194
421 055-617 Police Officers' 27,196
Training Academy Fee $ 1,035,353 $ 1,062,272 27,198
5A9 055-618 Telemarketing Fraud 27,200
Enforcement $ 50,000 $ 50,000 27,202
590 055-633 Peace Officer Private 27,204
Security Fund $ 85,962 $ 90,790 27,206
629 055-636 Corrupt Activity 27,208
Investigation and
Prosecution $ 100,503 $ 103,317 27,210
631 055-637 Consumer Protection 27,212
Enforcement $ 490,936 $ 503,555 27,214
TOTAL GSF General Services Fund 27,215
Group $ 23,501,778 $ 24,179,934 27,218
Federal Special Revenue Fund Group 27,220
612
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 27,225
3R6 055-613 Attorney General 27,227
Federal Funds $ 1,000,000 $ 1,000,000 27,229
306 055-620 Medicaid Fraud 27,231
Control $ 2,515,772 $ 2,515,772 27,233
381 055-611 Civil Rights Legal 27,235
Service $ 315,329 $ 315,329 27,237
383 055-634 Crime Victims 27,239
Assistance $ 8,000,000 $ 6,500,000 27,241
TOTAL FED Federal Special Revenue 27,242
Fund Group $ 14,481,101 $ 12,981,101 27,245
State Special Revenue Fund Group 27,248
108 055-622 Crime Victims 27,251
Compensation $ 4,039,318 $ 4,142,419 27,253
176 055-625 Victims Assistance 27,255
Office $ 374,768 $ 384,353 27,257
177 055-626 Victims Assistance 27,259
Programs $ 1,745,612 $ 1,794,489 27,261
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 27,265
417 055-621 Domestic Violence 27,267
Shelter $ 13,458 $ 13,835 27,269
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 27,273
659 055-641 Solid and Hazardous 27,275
Waste Background
Investigations $ 756,162 $ 775,535 27,277
TOTAL SSR State Special Revenue 27,278
Fund Group $ 27,408,071 $ 28,032,538 27,281
Holding Account Redistribution Fund Group 27,284
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 27,289
R04 055-631 General Holding 27,291
Account $ 75,000 $ 75,000 27,293
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 27,297
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 27,301
613
R42 055-601 Organized Crime 27,303
Commission Account $ 200,000 $ 200,000 27,305
TOTAL 090 Holding Account 27,306
Redistribution Fund Group $ 1,040,600 $ 1,040,600 27,309
TOTAL ALL BUDGET FUND GROUPS $ 124,074,760 $ 127,985,883 27,312
Law-Related Education 27,315
The foregoing appropriation item 055-405, Law-Related 27,317
Education, shall be distributed directly to the Ohio Center for 27,318
Law-Related Education for the purposes of providing continuing 27,319
citizenship education activities to primary and secondary 27,320
students and accessing additional public and private money for 27,321
new programs. 27,322
Workers' Compensation Section 27,324
The Workers' Compensation Section Fund (Fund 195) shall 27,326
receive payments from the Bureau of Workers' Compensation and the 27,327
Ohio Industrial Commission at the beginning of each quarter of 27,328
each fiscal year to fund legal services to be provided to the 27,329
Bureau of Workers' Compensation and the Ohio Industrial 27,330
Commission during the ensuing quarter. Such advance payment 27,331
shall be subject to adjustment. 27,332
In addition, the Bureau of Workers' Compensation shall 27,334
transfer payments at the beginning of each quarter for the 27,335
support of the Workers' Compensation Fraud Unit. 27,336
All amounts shall be mutually agreed upon by the Attorney 27,338
General, the Bureau of Workers' Compensation, and the Ohio 27,339
Industrial Commission. 27,340
Corrupt Activity Investigation and Prosecution 27,342
The foregoing appropriation item 055-636, Corrupt Activity 27,344
Investigation and Prosecution, shall be used as provided by 27,345
division (D)(2) of section 2923.35 of the Revised Code to dispose 27,346
of the proceeds, fines, and penalties credited to the Corrupt 27,347
Activity Investigation and Prosecution Fund, which is created in 27,348
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 27,349
is determined that additional amounts are necessary, the amounts 27,350
614
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 27,352
General Revenue Fund 27,354
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 27,359
GRF 070-403 Fiscal 27,361
Watch/Emergency
Technical Assistance $ 250,000 $ 250,000 27,363
GRF 070-405 Electronic Data 27,365
Processing - Auditing
and Administration $ 850,406 $ 858,421 27,367
GRF 070-406 Uniform Accounting 27,369
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 27,371
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 27,374
General Services Fund Group 27,377
109 070-601 Public Audit Expense 27,380
- Intra-State $ 8,713,266 $ 8,933,768 27,382
422 070-601 Public Audit Expense 27,384
- Local Government $ 35,568,004 $ 36,472,007 27,386
584 070-603 Training Program $ 164,558 $ 168,819 27,390
675 070-605 Uniform Accounting 27,392
Network $ 1,196,458 $ 1,229,253 27,394
TOTAL GSF General Services Fund 27,395
Group $ 45,642,286 $ 46,803,847 27,398
Holding Account Redistribution Fund Group 27,401
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 27,406
TOTAL 090 Holding Account 27,407
Redistribution Fund Group $ 200,000 $ 200,000 27,410
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 27,413
Electronic Data Processing 27,416
The unencumbered balance of appropriation item 070-405, 27,418
Electronic Data Processing-Auditing and Administration, at the 27,419
end of fiscal year 2000 is hereby transferred to fiscal year 2001 27,420
for use under the same appropriation item. 27,421
615
Uniform Accounting Network/Technology Improvements Fund 27,423
The foregoing appropriation item 070-406, Uniform 27,425
Accounting Network/Technology Improvements Fund, shall be used to 27,426
pay the costs of the development and implementation of the 27,429
Uniform Accounting Network and technology improvements for the 27,430
Auditor of State's Office. The unencumbered balance of the 27,431
appropriation at the end of fiscal year 2000 is hereby 27,432
transferred to fiscal year 2001 to pay the costs of the 27,433
development and implementation of the Uniform Accounting Network 27,434
and technology improvements for the Auditor of State's Office. 27,435
Section 23. BRB BOARD OF BARBER EXAMINERS 27,437
General Services Fund Group 27,439
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 27,444
TOTAL GSF General Services Fund 27,445
Group $ 450,186 $ 442,657 27,448
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 27,451
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 27,454
General Revenue Fund 27,456
GRF 042-321 Budget Development 27,459
and Implementation $ 2,250,596 $ 2,249,452 27,461
GRF 042-401 Office of Quality 27,463
Services $ 597,326 $ 581,355 27,465
GRF 042-410 National Association 27,467
Dues $ 24,360 $ 25,578 27,469
GRF 042-412 Biennial Audit $ 0 $ 42,000 27,473
GRF 042-434 Financial Planning 27,475
Commissions $ 381,493 $ 333,795 27,477
TOTAL GRF General Revenue Fund $ 3,253,775 $ 3,232,180 27,480
General Services Fund Group 27,483
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 27,488
4C1 042-601 Quality Services 27,490
Academy $ 120,000 $ 125,000 27,492
TOTAL GSF General Services Fund 27,493
Group $ 8,198,632 $ 8,192,780 27,496
616
TOTAL ALL BUDGET FUND GROUPS $ 11,452,407 $ 11,424,960 27,499
Office of Quality Services 27,502
A portion of the foregoing appropriation item 042-401, 27,504
Office of Quality Services, may be used to provide financial 27,505
sponsorship support for conferences and showcases that promote 27,506
quality improvement efforts. Such expenditures are not subject 27,507
to Chapter 125. of the Revised Code.
Quality Conferences 27,509
The Office of Quality Services may cosponsor the Team-Up 27,511
Ohio Conference and the Team Excellence in the Public Sector 27,512
(TEPS) Showcase. The office may grant funds to other sponsoring 27,513
entities for the purpose of conducting these events, provided 27,514
that such grants are used exclusively for the direct expenses of 27,515
the events.
Any state agency, at the discretion and with the approval 27,517
of the director or other executive authority of the agency, may 27,518
provide financial or in-kind support for the Team-Up Ohio 27,519
Conference and Team Excellence in the Public Sector (TEPS) 27,520
Showcase cosponsored by the Office of Quality Services. Any
financial contribution made by an agency shall not exceed $3,000 27,521
annually.
Audit Costs 27,523
Of the foregoing appropriation item 042-603, State 27,525
Accounting, no more than $310,000 in fiscal year 2000 and 27,526
$325,000 in fiscal year 2001 shall be used to pay for centralized 27,527
audit costs associated with either Single Audit Schedules or the 27,528
General Purpose Financial Statements for the state. 27,529
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 27,531
General Revenue Fund 27,533
GRF 874-321 Operating Expenses $ 4,473,069 $ 4,071,007 27,538
TOTAL GRF General Revenue Fund $ 4,473,069 $ 4,071,007 27,541
General Services Fund Group 27,544
4G5 874-603 Capitol Square 27,547
Maintenance Expenses $ 952,492 $ 979,162 27,550
617
4S7 874-602 Statehouse Gift 27,552
Shop/Events $ 216,325 $ 221,930 27,554
4T2 874-604 Government 27,556
Television/
Telecommunications
Operating $ 318,304 $ 327,217 27,558
TOTAL GSF General Services 27,559
Fund Group $ 1,487,121 $ 1,528,309 27,562
Underground Parking Garage 27,565
208 874-601 Underground Parking 27,568
Garage Operating $ 2,349,722 $ 2,412,097 27,570
TOTAL UPG Underground Parking 27,571
Garage $ 2,349,722 $ 2,412,097 27,574
TOTAL ALL BUDGET FUND GROUPS $ 8,309,912 $ 8,011,413 27,577
Capitol Square Retaining Wall 27,580
Of the foregoing appropriation item 874-321, Operating 27,582
Expenses, $500,000 in fiscal year 2000 shall be used to complete 27,583
the replacement of the Capitol Square retaining wall. 27,584
Ohio Government Telecommunications 27,586
The foregoing appropriation item 874-604, Government 27,588
Television/Telecommunications Operating Fund, shall be used to 27,590
pay for the operations of the Ohio Government Telecommunications 27,591
program.
Cash Transfer to the Department of Commerce 27,593
Within 60 days of the effective date of this section, the 27,595
Director of Budget and Management shall transfer $500,000 cash 27,596
from the Capitol Square Review and Advisory Board Revival 27,597
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 27,598
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 27,599
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 27,601
General Services Fund Group 27,603
4K9 878-609 Operating Expenses $ 486,723 $ 496,163 27,608
TOTAL GSF General Services Fund 27,609
618
Group $ 486,723 $ 496,163 27,612
TOTAL ALL BUDGET FUND GROUPS $ 486,723 $ 496,163 27,615
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 27,618
General Revenue Fund 27,620
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 27,625
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 27,629
GRF 876-300 Equipment $ 121,033 $ 123,938 27,633
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 27,636
Federal Special Revenue Fund Group 27,639
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 27,644
TOTAL FED Federal Special Revenue 27,645
Fund Group $ 2,376,200 $ 2,381,200 27,648
TOTAL ALL BUDGET FUND GROUPS $ 12,846,901 $ 13,067,278 27,651
Section 28. COM DEPARTMENT OF COMMERCE 27,654
General Revenue Fund 27,656
GRF 800-402 Grants - Volunteer 27,659
Fire Departments $ 782,478 $ 819,807 27,661
Total GRF General Revenue Fund $ 782,478 $ 819,807 27,664
General Services Fund Group 27,667
163 800-620 Division of 27,670
Administration $ 4,771,766 $ 4,787,925 27,672
TOTAL GSF General Services Fund 27,673
Group $ 4,771,766 $ 4,787,925 27,676
Federal Special Revenue Fund Group 27,679
348 800-622 Underground Storage 27,682
Tanks $ 200,580 $ 195,008 27,684
348 800-624 Leaking Underground 27,686
Storage Tanks $ 1,314,605 $ 1,295,920 27,688
TOTAL FED Federal Special Revenue 27,689
Fund Group $ 1,515,185 $ 1,490,928 27,692
State Special Revenue Fund Group 27,695
4B2 800-631 Real Estate Appraisal 27,698
Recovery $ 68,500 $ 68,500 27,700
4D2 800-605 Auction Education $ 30,230 $ 30,476 27,704
619
4H9 800-608 Cemeteries $ 237,344 $ 243,434 27,708
4L5 800-609 Fireworks Training 27,710
and Education $ 5,000 $ 5,000 27,712
4X2 800-619 Financial 27,714
Institutions $ 1,920,385 $ 1,873,615 27,716
5B8 800-628 Auctioneers $ 347,591 $ 323,316 27,720
5B9 800-632 PI & Security Guard 27,722
Provider $ 935,159 $ 940,874 27,724
543 800-602 Unclaimed 27,726
Funds-Operating $ 4,611,007 $ 4,663,857 27,728
543 800-625 Unclaimed 27,730
Funds-Claims $ 23,783,981 $ 24,354,796 27,732
544 800-612 Banks $ 5,979,092 $ 5,956,369 27,736
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 27,740
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 27,744
547 800-603 Real Estate 27,746
Education/Research $ 248,237 $ 254,194 27,748
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 27,752
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 27,756
550 800-617 Securities $ 4,675,239 $ 4,639,787 27,760
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 27,764
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 27,768
556 800-615 Industrial Compliance $ 19,321,973 $ 19,052,662 27,772
6A4 800-630 Real Estate 27,774
Appraiser-Operating $ 496,596 $ 489,207 27,776
653 800-629 UST 27,778
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 27,780
TOTAL SSR State Special Revenue 27,781
Fund Group $ 83,426,495 $ 83,443,569 27,784
Liquor Control Fund Group 27,787
043 800-321 Liquor Control 27,790
Operating $ 15,694,491 $ 14,245,821 27,792
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 27,796
620
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 27,800
TOTAL LCF Liquor Control 27,801
Fund Group $ 306,119,075 $ 312,805,522 27,804
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,347,751 27,807
Grants - Volunteer Fire Departments 27,810
The foregoing appropriation item 800-402, Grants - 27,812
Volunteer Fire Departments, shall be used to make annual grants 27,813
to volunteer fire departments of up to $10,000, or up to $25,000 27,814
in cases when the volunteer fire department provides service for 27,815
an area affected by a natural disaster. The program shall be 27,817
administered by the Fire Marshal under the Department of 27,818
Commerce. The Fire Marshal shall issue necessary rules for the 27,819
administration and operation of this program. 27,820
Unclaimed Funds Payments 27,822
The foregoing appropriation item 800-625, Unclaimed 27,824
Funds-Claims, shall be used to pay claims pursuant to section 27,825
169.08 of the Revised Code. If it is determined that additional 27,826
amounts are necessary, the amounts are hereby appropriated. 27,827
Increased Appropriation Authority - Merchandising 27,829
The Director of Commerce may, upon concurrence by the 27,831
Director of Budget and Management, submit to the Controlling 27,832
Board for approval a request for increased appropriation 27,833
authority for appropriation item 800-601, Merchandising. 27,834
Administrative Assessments 27,836
Notwithstanding any other provision of law to the contrary, 27,838
Fund 163, Administration, shall receive assessments from all 27,839
operating funds of the department in accordance with procedures 27,840
prescribed by the Director of Commerce and approved by the 27,841
Director of Budget and Management.
Cash Balance Transfer 27,843
On July 1, 1999, or as soon thereafter as possible, the 27,845
Director of Budget and Management shall transfer the cash balance 27,846
in the Savings Bank Fund (Fund 4G8), which was abolished in this 27,847
act by the repeal of section 1163.17 of the Revised Code, to the 27,848
621
Savings Institutions Fund (Fund 545), which is created in this 27,849
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 27,850
appropriation item 800-606, Savings Banks, and reestablish them 27,851
against appropriation item, 800-613, Savings Institutions (Fund 27,852
545). The amounts of the reestablished encumbrances are hereby 27,853
appropriated.
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 27,855
General Services Fund Group 27,857
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,082,869 27,862
TOTAL GSF General Services 27,863
Fund Group $ 7,114,415 $ 7,082,869 27,866
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,082,869 27,869
Section 30. CEB CONTROLLING BOARD 27,872
General Revenue Fund 27,874
GRF 911-401 Emergency 27,877
Purposes/Contingencies$ 6,000,000 $ 6,000,000 27,879
GRF 911-402 Employee Compensation 27,881
Adjustment $ 0 $ 38,000,000 27,883
GRF 911-403 School District 27,885
Financial Planning $ 500,000 $ 500,000 27,887
GRF 911-404 Mandate Assistance $ 2,800,000 $ 2,800,000 27,891
TOTAL GRF General Revenue Fund $ 9,300,000 $ 47,300,000 27,894
State Special Revenue Fund Group 27,896
5E2 911-601 Disaster Services $ 5,000,000 $ 0 27,901
TOTAL SSR State Special 27,902
Revenue Fund Group $ 5,000,000 $ 0 27,905
TOTAL ALL BUDGET FUND GROUPS $ 14,300,000 $ 47,300,000 27,908
Federal Share 27,911
In transferring appropriations to or from appropriation 27,913
items that have federal shares identified in this act, the 27,915
Controlling Board shall add or subtract corresponding amounts of 27,916
federal matching funds at the percentages indicated by the state 27,917
and federal division of the appropriations in this act. Such 27,919
622
changes are hereby appropriated. 27,920
Disaster Assistance 27,922
Pursuant to requests submitted by the Department of Public 27,924
Safety, the Controlling Board may approve transfers from the 27,925
foregoing appropriation item 911-401, Emergency 27,926
Purposes/Contingencies, to a Department of Public Safety General 27,927
Revenue Fund appropriation item to provide funding for assistance 27,928
to political subdivisions made necessary by natural disasters or 27,929
emergencies. Such transfers may be requested and approved prior 27,930
to the occurrence of any specific natural disasters or 27,931
emergencies in order to facilitate the provision of timely 27,932
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 27,933
that meet Controlling Board criteria for assistance. The 27,934
department shall submit a report to the Controlling Board 27,935
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 27,937
The Office of Criminal Justice Services and the Public 27,939
Defender Commission may each request, upon approval of the 27,940
Director of Budget and Management, additional funds from the 27,941
foregoing appropriation item 911-401, Emergency 27,942
Purposes/Contingencies, for costs related to the disturbance that 27,943
occurred on April 11, 1993, at the Southern Ohio Correctional 27,944
Facility in Lucasville, Ohio. 27,945
Disaster Services 27,947
The foregoing appropriation item 911-601, Disaster 27,949
Services, shall be used by the Controlling Board, pursuant to 27,951
requests submitted by state agencies, to transfer cash and 27,952
appropriation authority to any fund and appropriation line item 27,953
of the state for the payment of state agency program expenses 27,955
related to the following:
(A) The southern Ohio flooding, referred to as 27,958
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 27,962
623
FEMA-DR-1227-OH; and
(C) If the Director of Budget and Management determines 27,966
that sufficient funds exist beyond the expected program costs of 27,967
these two disasters, other disasters declared by the Governor. 27,969
The amount appropriated in fiscal year 2000 for the 27,971
foregoing appropriation item 911-601, Disaster Services, is the 27,973
unencumbered and unallotted cash balance that exists in Fund 5E2
on June 30, 1999. 27,974
Employee Compensation 27,976
Notwithstanding division (D) of section 127.14 and division 27,978
(B) of section 131.35 of the Revised Code, except for the General 27,979
Revenue Fund, the Controlling Board may, upon the request of 27,980
either the Director of Budget and Management, or a state agency 27,981
with the approval of the Director of Budget and Management, 27,982
increase appropriations for any fund, as necessary for the 27,983
various state agencies, to assist in paying the costs of 27,984
increases in employee compensation that occur on or after July 1, 27,985
2000, that are provided pursuant to collective bargaining 27,986
agreements under Chapter 4117. of the Revised Code and the costs 27,987
of increased compensation provided for employees that are exempt 27,988
from collective bargaining. 27,989
The Controlling Board may transfer appropriations from the 27,991
foregoing appropriation item 911-402, Employee Compensation 27,992
Adjustment, to the various agencies based on requests submitted 27,993
by the Director of Budget and Management to assist in paying for 27,994
the General Revenue Fund's share of employee compensation 27,995
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 27,996
compensation that are provided to employees that are exempt from 27,997
collective bargaining.
School District Financial Planning 27,999
The foregoing appropriation item 911-403, School District 28,001
Financial Planning, shall be used to pay costs of implementing 28,002
the school district watch and fiscal emergency provisions of 28,003
624
sections 3316.01 to 3316.08 of the Revised Code, including the 28,004
expenses of the school district financial planning and 28,005
supervision commission. Upon the request of any agency involved 28,006
in implementing the school district watch or fiscal emergency 28,007
provisions, the Controlling Board may transfer all or part of the 28,009
appropriation to the agency.
Mandate Assistance 28,011
(A) The foregoing appropriation item 911-404, Mandate 28,013
Assistance, shall be used to provide financial assistance to 28,014
local units of government, school districts, and fire departments 28,016
for the cost of the following four unfunded state mandates: 28,017
(1) The cost to county boards of elections for advertising 28,019
state ballot issues; 28,020
(2) The cost to county prosecutors for prosecuting certain 28,022
felonies that occur on the grounds of state institutions operated 28,024
by the Department of Rehabilitation and Correction and the 28,025
Department of Youth Services;
(3) The cost, primarily to small villages and townships, 28,027
of providing firefighter training and equipment or gear; and 28,028
(4) The cost to school districts of in-service training 28,030
for child abuse detection. 28,031
(B) The State and Local Government Commission may prepare 28,033
and submit to the Controlling Board one or more requests to 28,034
transfer appropriations from appropriation item 911-404, Mandate 28,035
Assistance, to the state agencies charged with administering the 28,036
state financial assistance to be provided under this section. 28,037
The state agencies charged with this administrative 28,039
responsibility are listed below, as well as the estimated annual 28,040
amounts that the commission may propose be used for each program 28,042
of state financial assistance.
Administering Estimated Annual 28,047
Program Agency Amount 28,050
Advertising Costs Ohio Ballot Board $800,000 28,054
Prosecution Costs Office of Criminal 28,056
625
Justice Services $200,000 28,058
Firefighter Training Department of 28,060
Costs Commerce $1,000,000 28,061
Child Abuse Detection Department of 28,063
Training Costs Education $800,000 28,064
(C) Subject to the total amount appropriated in each 28,067
fiscal year for appropriation item 911-404, Mandate Assistance, 28,068
the commission may propose to the Controlling Board that amounts 28,070
smaller or larger than these estimated annual amounts be 28,071
transferred to each program. 28,072
(D) In addition to making the initial transfers requested 28,074
by the commission, the Controlling Board may, if requested by the 28,076
commission, transfer appropriations received by a state agency 28,078
under this section back to appropriation item 911-404, Mandate 28,079
Assistance, or to one or more of the other programs of state 28,080
financial assistance identified under this section. 28,081
(E) It is expected that not all costs incurred by local 28,083
units of government, school districts, and fire departments under 28,084
each of the four programs of state financial assistance 28,085
identified under this section will be fully reimbursed by the 28,086
state. Reimbursement levels may vary by program and shall be 28,087
based on: the relationship between the appropriation transfers 28,088
requested by the commission and provided by the Controlling Board 28,089
for each of the programs; the rules and procedures established 28,091
for each program by the commission and the administering state 28,092
agency; and the actual costs incurred by local units of 28,094
government, school districts, and fire departments. 28,095
(F) Each of these programs of state financial assistance 28,097
shall be carried out as follows: 28,098
(1) Advertising Costs 28,100
Appropriations may be transferred to the Ohio Ballot Board 28,102
for use as full or partial reimbursement to county boards of 28,103
elections for the cost of public notices associated with 28,104
statewide ballot initiatives. 28,105
626
(2) Prosecution Costs 28,107
(a) Appropriations may be transferred to the Office of 28,109
Criminal Justice Services to cover local prosecution costs for 28,110
aggravated murder, murder, felonies of the first degree, and 28,111
felonies of the second degree that occur on the grounds of 28,112
institutions operated by the Department of Rehabilitation and 28,113
Correction and the Department of Youth Services. 28,114
(b) Upon a delinquency filing in juvenile court or the 28,116
return of an indictment for aggravated murder, murder, or any 28,117
felony of the first or second degree that was committed at a 28,118
Department of Youth Services or a Department of Rehabilitation 28,119
and Correction institution, the affected county may, in 28,120
accordance with rules that the Office of Criminal Justice 28,121
Services shall adopt, apply to the Office of Criminal Justice 28,122
Services for a grant to cover all documented costs that are 28,123
incurred by the county prosecutor's office. 28,124
(c) Twice each year, the Office of Criminal Justice 28,126
Services shall designate counties to receive grants from those 28,128
counties that have submitted one or more applications in 28,129
compliance with the rules that have been adopted by the Office of 28,130
Criminal Justice Services for the receipt of such grants. In 28,131
each year's first round of grant awards, if sufficient 28,132
appropriations have been made, up to a total of $100,000 may be 28,134
awarded. In each year's second round of grant awards, the 28,135
remaining appropriations available for this purpose may be 28,136
awarded.
(d) If for a given round of grants there are insufficient 28,138
appropriations to make grant awards to all the eligible counties, 28,140
the first priority shall be given to counties with cases 28,141
involving aggravated murder and murder, second priority shall be 28,142
given to cases involving a felony of the first degree, and third 28,143
priority shall be given to cases involving a felony of the second 28,144
degree. Within these priorities, the grant awards shall be based 28,145
on the order in which the applications were received, except that 28,146
627
applications for cases involving a felony of the first or second 28,147
degree shall not be considered in more than two consecutive 28,148
rounds of grant awards.
(3) Firefighter Training Costs 28,150
Appropriations may be transferred to the Department of 28,152
Commerce for use as full or partial reimbursement to local units 28,153
of government and fire departments for the cost of firefighter 28,154
training and equipment or gear. In accordance with rules that 28,155
the department shall adopt, a local unit of government or fire 28,156
department may apply to the department for a grant to cover all 28,157
documented costs that are incurred to provide firefighter 28,158
training and equipment or gear. The department shall make grants 28,159
within the limits of the funding provided, with priority given to 28,161
fire departments that serve small villages and townships.
(4) Child Abuse Detection Training Costs 28,163
Appropriations may be transferred to the Department of 28,165
Education for disbursement to local school districts as full or 28,166
partial reimbursement for the cost of providing in-service 28,167
training for child abuse detection. In accordance with rules 28,168
that the department shall adopt, a local school district may 28,169
apply to the department for a grant to cover all documented costs 28,170
that are incurred to provide in-service training for child abuse 28,171
detection. The department shall make grants within the limits of 28,172
the funding provided. 28,173
Section 31. COS STATE BOARD OF COSMETOLOGY 28,175
General Services Fund Group 28,177
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 28,182
TOTAL GSF General Services Fund 28,183
Group $ 2,201,152 $ 2,198,147 28,186
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 28,189
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 28,192
General Services Fund Group 28,194
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 28,199
TOTAL GSF General Services Fund 28,200
628
Group $ 850,781 $ 848,656 28,203
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 28,206
Section 33. CLA COURT OF CLAIMS 28,209
General Revenue Fund 28,211
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 28,216
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 28,219
State Special Revenue Fund Group 28,222
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 28,227
TOTAL SSR State Special Revenue 28,228
Fund Group $ 22,086,768 $ 22,925,167 28,231
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 28,234
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 28,237
General Revenue Fund 28,239
GRF 196-401 Criminal Justice 28,242
Information System $ 970,000 $ 972,000 28,244
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 28,248
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 28,252
GRF 196-499 State Match $ 826,876 $ 800,104 28,256
GRF 196-502 Lucasville 28,257
Disturbance Costs $ 50,000 $ 0 28,259
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 28,262
Federal Special Revenue Fund Group 28,265
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 28,270
TOTAL FED Federal Special Revenue 28,271
Fund Group $ 30,515,304 $ 32,648,653 28,274
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 28,277
Indigent Defense 28,280
The Office of Criminal Justice Services shall make all 28,283
efforts to maximize the amount of funding available for the 28,284
defense of indigent persons.
Criminal Justice Information System 28,286
The foregoing appropriation item 196-401, Criminal Justice 28,288
Information System, shall be used by the Office of Criminal 28,289
Justice Services to work on a plan to improve Ohio's criminal 28,290
629
justice information systems. The Director of the Office of 28,291
Criminal Justice Services shall evaluate the progress of this
plan and issue a report to the Governor, the Speaker of the House 28,292
of Representatives, the President of the Senate, the Criminal 28,293
Justice Policy Board, and the Legislative Budget Office of the 28,294
Legislative Service Commission by the first day of January of 28,295
each year of the two-year biennium beginning July 1, 1999, and 28,296
ending June 30, 2001.
Section 35. DEN STATE DENTAL BOARD 28,298
General Services Fund Group 28,300
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 28,305
TOTAL GSF General Services Fund 28,306
Group $ 1,119,536 $ 1,114,065 28,309
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 28,312
Section 36. BDP BOARD OF DEPOSIT 28,315
General Services Fund Group 28,317
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 28,322
TOTAL GSF General Services Fund 28,323
Group $ 818,400 $ 838,041 28,326
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 28,329
Board of Deposit Expense Fund 28,332
Upon receiving certification of expenses from the Treasurer 28,335
of State, the Director of Budget and Management shall transfer 28,336
cash from the Investment Earnings Redistribution Fund (Fund 608) 28,337
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 28,339
be used to pay for banking charges and fees required for the 28,340
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 28,342
General Revenue Fund 28,344
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 28,349
GRF 195-200 Maintenance $ 608,000 $ 608,000 28,353
GRF 195-300 Equipment $ 111,550 $ 111,550 28,357
GRF 195-401 Thomas Edison Program $ 24,953,540 $ 24,928,749 28,361
630
GRF 195-404 Small Business 28,363
Development $ 2,445,388 $ 2,465,504 28,365
GRF 195-405 Minority Business 28,367
Development Division $ 2,073,570 $ 2,074,418 28,369
GRF 195-406 Transitional and 28,371
Permanent Housing $ 2,760,270 $ 2,826,679 28,373
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 28,377
GRF 195-408 Coal Research 28,379
Development $ 588,465 $ 587,907 28,381
GRF 195-410 Defense Conversion 28,383
Assistance Program $ 240,000 $ 0 28,385
GRF 195-412 Business Development 28,387
Grants $ 11,155,000 $ 11,155,000 28,389
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 28,393
GRF 195-415 Regional Offices and 28,395
Economic Development $ 6,369,854 $ 6,293,038 28,397
GRF 195-416 Governor's Office of 28,399
Appalachia $ 1,628,800 $ 641,376 28,401
GRF 195-422 Technology Action $ 5,000,000 $ 5,000,000 28,405
GRF 195-431 Community Development 28,407
Corporation Grants $ 2,520,386 $ 2,582,510 28,409
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 28,413
GRF 195-434 Industrial Training 28,415
Grants $ 18,000,000 $ 20,000,000 28,417
GRF 195-436 Labor/Management 28,419
Cooperation $ 1,164,000 $ 1,164,000 28,421
GRF 195-440 Emergency Shelter 28,423
Housing Grants $ 2,930,029 $ 2,999,139 28,425
GRF 195-441 Low and Moderate 28,427
Income Housing $ 7,760,000 $ 7,760,000 28,429
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 28,433
GRF 195-498 State Energy Match $ 147,221 $ 151,299 28,437
GRF 195-501 Appalachian Local 28,439
Development Districts $ 452,370 $ 463,227 28,441
631
GRF 195-502 Appalachian Regional 28,443
Commission Dues $ 190,000 $ 194,400 28,445
GRF 195-507 Travel & Tourism 28,447
Grants $ 1,500,000 $ 1,475,000 28,449
GRF 195-513 Empowerment 28,451
Zones/Enterprise
Communities $ 2,000,000 $ 0 28,453
TOTAL GRF General Revenue Fund $ 110,400,930 $ 109,482,553 28,456
General Services Fund Group 28,459
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 28,464
136 195-621 International Trade $ 75,000 $ 0 28,468
685 195-636 General 28,470
Reimbursements $ 1,199,500 $ 1,222,233 28,472
TOTAL GSF General Services Fund 28,473
Group $ 8,737,530 $ 8,694,398 28,476
Federal Special Revenue Fund Group 28,479
3K8 195-613 Community Development 28,482
Block Grant $ 65,000,000 $ 65,000,000 28,484
3K9 195-611 Home Energy 28,486
Assistance Block
Grant $ 55,000,000 $ 55,000,000 28,488
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 28,492
3L0 195-612 Community Services 28,494
Block Grant $ 20,090,000 $ 20,090,000 28,496
308 195-602 Appalachian Regional 28,498
Commission $ 650,000 $ 650,000 28,500
308 195-603 Housing and Urban 28,502
Development $ 34,895,700 $ 34,895,700 28,504
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 28,508
308 195-609 Small Business 28,510
Administration $ 3,701,900 $ 3,701,900 28,512
308 195-616 Technology Programs $ 117,700 $ 0 28,516
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 28,520
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 28,524
632
380 195-622 Housing Development 28,526
Operating $ 3,711,800 $ 3,938,200 28,528
TOTAL FED Federal Special Revenue 28,529
Fund Group $ 212,791,425 $ 212,846,902 28,532
State Special Revenue Fund Group 28,534
4F2 195-639 State Special 28,537
Projects $ 1,530,000 $ 1,030,100 28,539
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 28,543
4S0 195-630 Enterprise Zone 28,545
Operating $ 273,079 $ 273,355 28,547
4S1 195-634 Job Creation Tax 28,549
Credit Operating $ 251,856 $ 258,422 28,551
4W1 195-646 Minority Business 28,553
Enterprise Loan $ 3,898,213 $ 3,972,954 28,555
444 195-607 Water and Sewer 28,557
Commission Loans $ 2,000,000 $ 2,000,000 28,559
445 195-617 Housing Finance 28,561
Agency $ 3,669,522 $ 3,532,181 28,563
450 195-624 Minority Business 28,565
Bonding Program
Administration $ 12,644 $ 12,947 28,567
451 195-625 Economic Development 28,569
Financing Operating $ 1,906,075 $ 1,970,014 28,571
586 195-653 Scrap Tire Loans and 28,573
Grants $ 1,000,000 $ 1,000,000 28,575
611 195-631 Water and Sewer 28,577
Administration $ 15,000 $ 15,000 28,579
617 195-654 Volume Cap 28,581
Administration $ 250,000 $ 246,640 28,583
646 195-638 Low and Moderate 28,585
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 28,587
TOTAL SSR State Special Revenue 28,588
Fund Group $ 36,251,589 $ 36,346,113 28,591
633
Facilities Establishment Fund 28,594
037 195-615 Facilities 28,597
Establishment $ 53,970,000 $ 55,481,100 28,599
4Z6 195-647 Rural Industrial Park 28,601
Loan $ 1,000,000 $ 1,000,000 28,603
5D1 195-649 Port Authority Bond 28,605
Reserves $ 2,500,000 $ 2,500,000 28,607
5D2 195-650 Urban Redevelopment 28,609
Loans $ 10,000,000 $ 10,000,000 28,611
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 28,615
TOTAL 037 Facilities 28,616
Establishment Fund $ 69,716,375 $ 71,227,475 28,619
Coal Research/Development Fund 28,622
046 195-632 Coal Research and 28,625
Development Fund $ 12,276,000 $ 12,570,624 28,627
TOTAL 046 Coal Research/ 28,628
Development Fund $ 12,276,000 $ 12,570,624 28,631
TOTAL ALL BUDGET FUND GROUPS $ 450,173,849 $ 451,168,065 28,634
Section 37.01. Washington Office 28,637
Of the foregoing appropriation items 195-100, Personal 28,639
Services, 195-200, Maintenance, and 195-300, Equipment, no more 28,640
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 28,641
2001 may be transferred to the General Reimbursement Fund (Fund 28,642
685) to support the Washington Office. The transfer shall be 28,643
made using an intrastate transfer voucher. 28,644
Thomas Edison Program 28,646
The foregoing appropriation item 195-401, Thomas Edison 28,648
Program, shall be used for the purposes of sections 122.28 to 28,650
122.38 of the Revised Code in order to provide funds for 28,652
cooperative public and private efforts in technological 28,653
innovation to promote the development and transfer of technology 28,654
by and to Ohio businesses that will lead to the creation of jobs, 28,656
and to provide for the administration of this program by the 28,658
Technology Division.
634
Of the foregoing appropriation item 195-401, Thomas Edison 28,660
Program, not more than $2,363,000 in fiscal year 2000 and 28,662
$2,363,000 in fiscal year 2001 shall be used for the Technology 28,663
Division's operating expenses in administering this program. 28,664
Of the foregoing appropriation item 195-401, Thomas Edison 28,666
Program, $2,000,000 in each fiscal year shall be used for the 28,667
establishment of a new Edison Center for Information Technology 28,668
to be headquartered in Dayton.
Section 37.02. Small Business Development 28,670
The foregoing appropriation item 195-404, Small Business 28,672
Development, shall be used to ensure that the unique needs and 28,674
concerns of small businesses are addressed. 28,676
The foregoing appropriation shall be used to provide grants 28,678
to local organizations to support the operation of Small Business 28,680
Development Centers, and other local economic development 28,681
activity promoting small business and for the cost of 28,682
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 28,683
facilitate access to state and federal programs. These funds 28,684
shall be used as matching funds for grants from the United States 28,685
Small Business Administration and other federal agencies, 28,687
pursuant to Public Law 96-302 (1980) as amended by Public Law 28,688
98-395 (1984), and regulations and policy guidelines for these 28,689
programs.
In addition, the Office of Small Business shall operate the 28,691
One-Stop Business Permit Center, the Women's Business Resource 28,693
Program, support government procurement assistance, and implement 28,695
and coordinate the duties imposed on the Department of 28,697
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 28,698
Section 37.03. Transitional and Permanent Housing Program 28,701
Of the foregoing appropriation item 195-406, Transitional 28,703
and Permanent Housing, the Office of Housing and Community 28,705
Partnerships shall make grants to local governments and nonprofit 28,707
organizations for the acquisition, rehabilitation, renovation, 28,709
635
construction, conversion, operating, and supportive services 28,711
costs for both new and existing transitional and/or permanent 28,713
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 28,715
and Permanent Housing, at least seventy-five per cent shall be 28,717
used to provide transitional housing for homeless families and 28,719
individuals.
Coal Research Development 28,721
The foregoing appropriation item 195-408, Coal Research 28,723
Development, shall be used for the administrative costs of the 28,724
Coal Development Office within the Technology Division and for 28,725
grants which encourage, promote, and assist the use of Ohio coal 28,726
pursuant to section 1551.32 of the Revised Code. 28,727
Defense Conversion Assistance Program 28,729
The Director of Development may use the foregoing 28,731
appropriation item 195-410, Defense Conversion Assistance 28,732
Program, in accordance with existing program guidelines, and 28,733
other resources as appropriate, to match federal dollars for one 28,734
Ohio-based defense conversion project and administrative support
cost through fiscal year 2000. 28,735
Section 37.04. Business Development 28,737
The foregoing appropriation item 195-412, Business 28,739
Development Grants, shall be used as an incentive for attracting 28,740
and retaining business opportunities for the state. Any such 28,741
business opportunity, whether new, expanding, or relocating in 28,742
Ohio, is eligible for funding. The project must create or retain 28,743
a significant number of jobs for Ohioans. Grant awards may be 28,744
considered only when (1) the project's viability hinges on an 28,745
award of 195-412 Business Development Grants funds; (2) all other 28,746
public or private sources of financing have been considered; or 28,747
(3) the funds must act as a catalyst for the infusion into the 28,748
project of other financing sources. 28,749
The department's primary goal shall be to award funds to 28,751
political subdivisions of the state for off-site infrastructure 28,752
636
improvements. In order to meet the particular needs of economic 28,753
development in a region, the department may elect to award funds 28,754
directly to a business for on-site infrastructure improvements. 28,756
Infrastructure improvements are defined as improvements to water 28,757
system facilities, sewer and sewage treatment facilities, 28,758
electric or gas service facilities, rail facilities, site 28,759
preparation, and parking facilities. The Director of Development 28,760
may recommend the funds be used in an alternative manner when 28,761
deemed appropriate to meet an extraordinary economic development 28,762
opportunity or need.
The foregoing appropriation item 195-412, Business 28,764
Development Grants, may be expended only after the submission of 28,765
a request to the Controlling Board by the Department of 28,766
Development outlining the planned use of the funds, and the 28,767
subsequent approval of the request by the Controlling Board. 28,768
The foregoing appropriation item 195-412, Business 28,770
Development Grants, may be used for, but is not limited to, 28,771
construction, rehabilitation, and acquisition projects for rail 28,772
freight assistance as requested by the Department of 28,773
Transportation. The Director of Transportation shall submit the 28,774
proposed projects to the Director of Development for an 28,775
evaluation of potential economic benefit. 28,776
Section 37.05. First Frontier Match 28,778
The foregoing appropriation item 195-414, First Frontier 28,780
Match, shall be used as matching funds to counties for the 28,782
purpose of marketing state, regional, and/or local 28,784
characteristics which may attract economic development. In each 28,785
fiscal year, the Director of Development shall allocate no less 28,786
than $400,000 of the foregoing appropriation to marketing 28,788
programs by targeted counties, which are defined as counties that 28,791
have a population of less than 175,000 residents. The balance of 28,793
the appropriation may be used either for marketing programs by 28,794
individual targeted counties or regional marketing campaigns, 28,795
which are defined as marketing programs in which at least one 28,797
637
targeted county is participating with one or more other targeted 28,798
counties or larger counties. In the event that, during a fiscal 28,799
year, targeted counties are unable to utilize the full amount of 28,800
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 28,801
unutilized balance of funds to regional marketing campaigns. 28,802
Regional Offices and Economic Development 28,804
The foregoing appropriation item 195-415, Regional Offices 28,806
and Economic Development, shall be used for the operating 28,807
expenses of the Economic Development Division and the Regional 28,808
Economic Development Offices and for grants for cooperative 28,809
economic development ventures. 28,810
Section 37.06. Governor's Office of Appalachian Ohio 28,812
Of the foregoing appropriation item 195-416, Governor's 28,814
Office of Appalachia, shall be used for the administrative costs 28,816
of planning and liaison activities for the Governor's Office of 28,818
Appalachian Ohio. Funds not expended for liaison and training 28,820
activities may be expended for special project grants within the 28,821
Appalachian Region. 28,822
Of the foregoing appropriation item 195-416, Governor's 28,824
Office of Appalachia, up to $250,000 each fiscal year shall be 28,826
used to match federal funds from the Appalachian Development 28,828
Commission to provide job training to impact the Appalachian 28,830
Region.
Of the foregoing appropriation item 195-416, Governor's 28,832
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 28,833
used for the Foundation for Appalachian Ohio. The foundation 28,834
shall match the state's contribution on a dollar-for-dollar 28,835
basis.
Technology Action 28,837
With Controlling Board approval, the foregoing 28,839
appropriation item 195-422, Technology Action, shall be used by 28,840
the Governor's Science Advisor, in consultation with the Ohio 28,841
Science and Technology Council and with the approval of the 28,842
638
Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 28,843
competitive in federal research and development programs. 28,844
Guidelines and criteria for the release of funds shall be 28,845
developed by the Governor's Science Advisor to ensure support for 28,846
projects that advance the state's science and technology
priorities, general potential economic growth, and leverage other 28,847
financing sources. 28,848
Of the foregoing appropriation item 195-422, Technology 28,850
Action, not more than $100,000 in each fiscal year shall be used 28,851
for operating expenditures in administering this program. 28,852
Section 37.07. Community Development Corporations 28,854
Of the foregoing appropriation item 195-431, Community 28,856
Development Corporation Grants, a portion of funds in each fiscal 28,858
year of the biennium shall be used to make grants to the Ohio 28,861
Community Development Finance Fund, a nonprofit corporation, in 28,863
order to leverage private-sector funds to assist nonprofit 28,864
development organizations to create affordable housing and 28,865
permanent jobs in distressed areas of the state. The remaining 28,867
moneys shall be used to provide funds to assist local community 28,869
development corporations to develop affordable housing programs 28,871
and economic development programs in their neighborhoods, and for 28,873
operating costs.
Of the foregoing appropriation item 195-431, Community 28,875
Development Corporation Grants, no less than $100,000 in each 28,877
fiscal year shall be used to provide training, technical 28,879
assistance, and capacity building assistance to nonprofit 28,880
development organizations in underserved areas of the state. For 28,882
grants awarded in each fiscal year of the biennium, priority 28,883
shall be given to proposals submitted by nonprofit development 28,884
organizations from underserved areas of the state. 28,885
Section 37.08. International Trade 28,887
The foregoing appropriation item 195-432, International 28,889
Trade, shall be used to operate and to maintain Ohio's 28,890
639
out-of-state trade offices.
The Director of Development may enter into contracts with 28,892
foreign nationals to staff foreign offices. Such contracts may 28,893
be paid in local currency or United States currency and shall be 28,894
exempt from the provisions of section 127.16 of the Revised Code. 28,896
The director may also establish foreign currency accounts in 28,897
accordance with section 122.05 of the Revised Code for the 28,898
payment of expenses related to the operation and maintenance of 28,899
these foreign trade offices. 28,900
The foregoing appropriation item 195-432, International 28,902
Trade, shall be used to fund the International Trade Division and 28,903
assist Ohio manufacturers and agricultural producers exporting to 28,904
foreign countries in conjunction with the Department of 28,905
Agriculture. 28,906
Of the foregoing appropriation item 195-432, International 28,908
Trade, up to $25,000 may be used to purchase gifts for 28,909
representatives of foreign governments or dignitaries of foreign 28,910
countries. 28,911
Section 37.09. Ohio Industrial Training Program 28,913
The foregoing appropriation item 195-434, Industrial 28,916
Training Grants, shall be used to promote industrial training 28,917
through training grants for the reimbursement of eligible 28,918
training expenses.
Section 37.10. Emergency Shelter Housing Grants 28,920
(A) As used in this section, "emergency shelter housing" 28,922
means a structure suitable for the temporary housing of the 28,924
homeless and the provision of, or referral to, supportive 28,926
services. Shelters that restrict admission to victims of 28,928
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 28,930
(B) The foregoing appropriation item 195-440, Emergency 28,932
Shelter Housing Grants, shall be used by the Office of Housing 28,933
and Community Partnerships in the Department of Development to 28,934
make grants to private, nonprofit organizations to provide 28,935
640
emergency shelter housing for the homeless. The department shall 28,936
distribute the grants pursuant to rules adopted by the Director 28,937
of Development. The director may amend or rescind such rules and 28,938
may adopt other rules necessary to implement this section. In
awarding grants, the department shall give preference to 28,939
organizations applying to fund existing emergency shelter 28,940
housing.
The department shall notify each organization that applied 28,942
for a grant under this section of the amount of its grant award, 28,943
if any. To receive a grant, the organization shall provide 28,944
matching funds equal to fifty per cent of the total grant it was 28,945
awarded. The organization shall expend its grant for shelter 28,946
operations and supportive services, which include employment
assistance, case management, information and referral services, 28,947
transportation, and clothing. In providing employment 28,948
assistance, the organization shall, at a minimum, refer persons 28,949
to the Ohio Bureau of Employment Services. 28,950
Low and Moderate Income Housing 28,952
The Director of Budget and Management, in consultation with 28,954
the Director of Development, shall use $7,760,000 in each fiscal 28,955
year to support low- and moderate-income housing activities. No 28,956
less than $250,000 per year shall be used from either 28,957
appropriation item 195-441, Low and Moderate Income Housing, or 28,958
appropriation item 195-638, Low and Moderate Income Housing Trust 28,959
Fund, for the Migrant Housing Labor Camp Improvements Program. 28,960
Up to $7,760,000 in each fiscal year shall be transferred from 28,961
appropriation item 195-441, Low and Moderate Income Housing, to 28,962
appropriation item 195-638, Low and Moderate Income Housing Trust 28,963
Fund.
HEAP Weatherization 28,965
Fifteen per cent of the federal funds received by the state 28,967
for the Home Energy Assistance Block Grant shall be deposited in 28,969
the Department of Development's Federal Special Revenue Fund 28,971
(Fund 3K9) and shall be used to provide home weatherization 28,973
641
services in the state.
Section 37.11. Travel and Tourism Grants 28,975
The foregoing appropriation item 195-507, Travel and 28,977
Tourism Grants, shall be used to provide grants to local 28,979
organizations to support various local travel and tourism events 28,980
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 28,982
Tourism Grants, up to $200,000 in each fiscal year of the 28,983
biennium may be used to support the outdoor dramas Trumpet in the 28,985
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 28,987
Drama; $75,000 in each fiscal year shall go to the Cincinnati 28,988
Film Commission; $100,000 in fiscal year 2000 for the 1999 AAU
Junior Olympics Cleveland Committee, Inc.; $150,000 in fiscal 28,989
year 2000 for the United States International Air and Trade Show 28,991
in Dayton; and $875,000 in fiscal year 2000 and $1,000,000 in 28,992
fiscal year 2001 shall be used for grants to the International 28,993
Center for the Preservation of Wild Animals. 28,994
Section 37.12. Minority Business Enterprise Loan 28,996
All loan repayments from the Minority Development Financing 28,998
Advisory Board loan program and the Ohio Mini-Loan Guarantee 28,999
Program shall be deposited in the State Treasury, to the credit 29,000
of the Minority Business Enterprise Loan Fund (Fund 4W1). 29,001
Section 37.13. Economic Development Financing Operating 29,003
The foregoing appropriation item 195-625, Economic 29,005
Development Financing Operating, shall be used for the operating 29,006
expenses of financial assistance programs authorized under 29,007
Chapter 166. of the Revised Code and under sections 122.43 and 29,008
122.45 of the Revised Code. 29,009
All Loan and Grant Programs 29,011
The Department of Development shall continue to submit to 29,013
the General Assembly, the Office of Budget and Management, and 29,015
the Legislative Budget Office of the Legislative Service 29,017
Commission by the first day of April of each year a report 29,018
detailing the status of all open loans and grants made by the 29,019
642
department and all loans and grants which have been closed out 29,022
during the preceding calendar year. A grant shall be considered 29,023
open for three years from the date it was awarded. The report 29,024
shall identify, where applicable, the date of Controlling Board 29,026
approval, the number of jobs estimated to be retained and 29,027
created, and the number of people estimated to be trained, as 29,028
well as the actual numbers realized to date. In addition, 29,029
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 29,030
and grants which have been approved from the beginning of the 29,031
current calendar year. 29,032
Rural Revitalization Task Force 29,034
In the 1999-2001 biennium, the Department shall coordinate 29,036
an effort to determine potential opportunities to enhance 29,037
economic development activities in distressed rural communities. 29,038
Section 37.14. Facilities Establishment Fund 29,040
The foregoing appropriation item 195-615, Facilities 29,042
Establishment Fund (Fund 037), shall be used for the purposes of 29,043
the Facilities Establishment Fund under Chapter 166. of the 29,045
Revised Code. 29,046
Notwithstanding Chapter 166. of the Revised Code, up to 29,048
$1,600,000 may be transferred each fiscal year from the 29,050
Facilities Establishment Fund (Fund 037) to the Economic 29,051
Development Financing Operating Fund (Fund 451). The transfer is 29,052
subject to Controlling Board approval pursuant to division (B) of 29,054
section 166.03 of the Revised Code. 29,055
Notwithstanding Chapter 166. of the Revised Code, up to 29,057
$3,800,000 may be transferred in each fiscal year of the biennium 29,058
from the Facilities Establishment Fund (Fund 037) to the Minority 29,059
Business Enterprise Loan Fund (Fund 4W1). The transfer is 29,060
subject to Controlling Board approval pursuant to division (B) of 29,061
section 166.03 of the Revised Code. 29,062
Notwithstanding Chapter 166. of the Revised Code, up to 29,064
$5,000,000 cash may be transferred during the biennium from the 29,065
643
Facilities Establishment Fund (Fund 037) to the Port Authority 29,066
Bond Reserves Fund (Fund 5D1) for use by any port authority in 29,067
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 29,068
Director of Development shall develop program guidelines for the 29,069
transfer and release of funds, including, but not limited to, a 29,070
provision that no port authority shall receive more than 29,071
$2,000,000. The transfer and release of funds are subject to 29,072
Controlling Board approval. Of the foregoing appropriation item
195-649, Port Authority Bond Reserves, $2,000,000 over the 29,074
biennium, subject to Controlling Board approval, shall go to the 29,075
Cleveland Port Authority to establish or supplement bond reserves 29,076
per the guidelines set forth by the Director of Development. 29,077
Notwithstanding Chapter 166. of the Revised Code, up to 29,079
$20,000,000 cash may be transferred during the biennium from the 29,080
Facilities Establishment Fund (Fund 037) to the Urban 29,081
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 29,082
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 29,083
release of funds, including, but not limited to, the completion 29,084
of all appropriate environmental assessments before state 29,085
assistance is committed to a project. The transfer and release 29,086
of funds are subject to Controlling Board approval.
Family Farm Loan Program 29,088
Notwithstanding Chapter 166. of the Revised Code, up to 29,090
$2,500,000 shall be transferred during the biennium from moneys 29,091
in the Facilities Establishment Fund (Fund 037) to the Family 29,092
Farm Loan Fund (Fund 5H1) in the Department of Development. The 29,093
transfer is subject to Controlling Board approval. 29,094
Financial assistance from the Family Farm Loan Fund shall 29,097
be repaid to Fund 5H1. This fund is established in accordance 29,098
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 29,099
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 29,102
644
all outstanding balances, all loan repayments, and any other 29,104
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 29,105
Scrap Tire Loans and Grants 29,107
On July 1, 1999, or as soon thereafter as possible, the 29,109
Director of Development shall certify to the Director of Budget 29,110
and Management the balance in Fund 037, Facilities Establishment, 29,111
for the Scrap Tire Loan and Grant Program. The Director of 29,112
Budget and Management shall transfer the certified amount to Fund 29,113
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 29,115
The Director of Development may assess divisions of the 29,117
department for the cost of central service operations. Such an 29,118
assessment shall be based on a plan submitted to and approved by 29,119
the Office of Budget and Management by the first day of August of 29,120
each fiscal year, and contain the characteristics of 29,121
administrative ease and uniform application. 29,122
A division's payments shall be credited to the Supportive 29,124
Services Fund (Fund 135) using an intrastate transfer voucher. 29,125
General Reimbursement 29,127
The foregoing appropriation item 195-636, General 29,129
Reimbursements, shall be used for conference and subscription 29,130
fees and other reimbursable costs. Revenues to the General 29,131
Reimbursement Fund (Fund 685) shall consist of fees and other 29,132
moneys charged for conferences, subscriptions, and other 29,133
administrative costs that are not central service costs. 29,134
State Special Projects 29,136
The foregoing appropriation item 195-639, State Special 29,139
Projects, shall be used as a general account for the deposit of 29,140
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 29,141
to (1) pay the expenses of verifying the income-eligibility of 29,142
HEAP applicants, (2) market economic development opportunities in 29,143
the state, and (3) leverage additional federal funds. State 29,144
645
funds shall be used to match federal housing grants for the 29,145
homeless. 29,146
Volume Cap Administration 29,148
The foregoing appropriation item 195-654, Volume Cap 29,150
Administration, shall be used for administrative expenses related 29,151
to the administration of the Volume Cap Program. Revenues 29,153
received by the Volume Cap Administration Fund (Fund 617) shall 29,154
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 29,155
Section 37.16. Job Creation Planning Project 29,157
The Department of Development, with the collaboration of 29,159
the Department of Human Services, shall establish a joint project 29,160
to develop and implement ways to create at least one thousand new 29,161
jobs in each of the following: 29,162
(A) Federal empowerment zones; 29,164
(B) Rural economically depressed counties. 29,166
Not later than December 31, 2000, the departments shall 29,168
jointly issue a final report to the Welfare Oversight Committee 29,169
that describes the activities undertaken pursuant to the joint 29,170
project. The committee may require additional interim reports 29,171
from the departments. 29,172
Section 38. OBD OHIO BOARD OF DIETETICS 29,174
General Services Fund Group 29,176
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 29,181
TOTAL GSF General Services Fund 29,182
Group $ 282,267 $ 276,113 29,185
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 29,188
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 29,191
CONFLICT MANAGEMENT 29,192
General Revenue Fund 29,194
GRF 145-401 Commission on Dispute 29,197
Resolution/Management $ 583,225 $ 597,222 29,199
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 29,202
General Services Fund Group 29,205
646
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 29,210
TOTAL GSF General Services Fund 29,211
Group $ 153,450 $ 157,133 29,214
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 29,217
Commission on Dispute Resolution/Management 29,220
The foregoing appropriation item 145-401, Commission on 29,221
Dispute Resolution/Management, shall be used in each fiscal year 29,222
by the Commission on Dispute Resolution and Conflict Management 29,223
for the purpose of providing dispute resolution and conflict 29,224
management training, consultation, and materials for state and 29,225
local government, communities, school districts, courts and, in 29,226
consultation with the Department of Education, for the purpose of 29,227
offering competitive school conflict programs to school 29,228
districts.
The Commission shall assist the Department of Education in 29,230
the development and dissemination of the school conflict 29,231
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 29,233
NETWORK COMMISSION 29,234
General Revenue Fund 29,236
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 29,241
GRF 374-200 Maintenance $ 847,878 $ 868,227 29,245
GRF 374-300 Equipment $ 49,038 $ 50,214 29,249
GRF 374-401 Statehouse News 29,251
Bureau $ 265,507 $ 271,880 29,253
GRF 374-404 Telecommunications 29,255
Operating Subsidy $ 5,349,336 $ 5,723,791 29,257
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 29,260
General Services Fund Group 29,263
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 29,268
TOTAL GSF General Services 29,269
Fund Group $ 2,729,574 $ 2,753,275 29,272
TOTAL ALL BUDGET FUND GROUPS $ 11,017,143 $ 11,370,188 29,275
Statehouse News Bureau 29,278
647
The foregoing appropriation item 374-401, Statehouse News 29,280
Bureau, shall be used solely to support the operations of the 29,281
Ohio Statehouse News Bureau. 29,282
Telecommunications Operating Subsidy 29,284
The foregoing appropriation item 374-404, 29,286
Telecommunications Operating Subsidy, shall be distributed by the 29,287
Ohio Educational Telecommunications Network Commission to Ohio's 29,288
qualified public educational television stations, radio reading 29,289
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 29,290
allocation developed by the Ohio Educational Telecommunications 29,291
Network Commission.
Project Equity Fund 29,293
The Project Equity Fund (Fund 4F3) is hereby renamed the 29,295
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 29,296
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 29,297
abolished. On July 1, 1999, or as soon thereafter as possible, 29,298
the Director of Budget and Management shall transfer the cash 29,299
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 29,300
4F3). The director shall cancel any existing encumbrances 29,301
against appropriation item 374-601, Fees and Grants (Fund 463), 29,302
and reestablish them against appropriation item 374-603, 29,304
Affiliates Services (Fund 4F3). The amounts of the reestablished 29,305
encumbrances are hereby appropriated.
Section 41. ELC OHIO ELECTIONS COMMISSION 29,307
General Revenue Fund 29,309
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 29,314
TOTAL GRF General Revenue Fund 29,317
$ 423,950 $ 444,757 29,320
State Special Revenue Fund Group 29,322
4P2 051-601 Ohio Elections 29,325
Commission Fund $ 150,000 $ 150,000 29,328
TOTAL SSR State Special 29,329
648
Revenue Fund Group $ 150,000 $ 150,000 29,332
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 29,335
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 29,338
DIRECTORS 29,339
General Services Fund Group 29,341
4K9 881-609 Operating Expenses $ 426,252 $ 414,654 29,346
TOTAL GSF General Services 29,347
Fund Group $ 426,252 $ 414,654 29,350
TOTAL ALL BUDGET FUND GROUPS $ 426,252 $ 414,654 29,353
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 29,356
General Revenue Fund 29,358
GRF 125-321 Operating Expenses $ 3,611,538 $ 3,561,890 29,363
TOTAL GRF General Revenue Fund $ 3,611,538 $ 3,561,890 29,366
General Services Fund Group 29,369
572 125-603 Training and 29,372
Publications $ 70,423 $ 72,113 29,374
TOTAL GSF General Services 29,375
Fund Group $ 70,423 $ 72,113 29,378
TOTAL ALL BUDGET FUND GROUPS $ 3,681,961 $ 3,634,003 29,381
Training and Publications Fund 29,384
Effective July 1, 1999, the Research and Training Fund 29,386
(Fund 572) is hereby renamed the Training and Publications Fund 29,387
(Fund 572), and the Transcript and Other Fund (Fund 440) is 29,389
hereby abolished. On July 1, 1999, or as soon thereafter as 29,390
possible, the Director of Budget and Management shall transfer 29,391
the cash balance in the Transcript and Other Fund (Fund 440) to 29,392
the Training and Publications Fund (Fund 572). The director 29,393
shall cancel any existing encumbrances against appropriation item 29,394
125-601, Transcript and Other (Fund 440), and reestablish them 29,395
against appropriation item 125-603, Training and Publications 29,396
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 29,397
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 29,399
General Revenue Fund 29,401
649
GRF 795-406 Workforce Development $ 350,004 $ 0 29,406
GRF 795-407 OBES Operating $ 23,227,425 $ 0 29,410
GRF 795-408 Labor Market 29,412
Projections $ 180,209 $ 0 29,414
GRF 795-410 Women's Programs $ 474,237 $ 0 29,418
GRF 795-412 Prevailing Wage/Min. 29,420
Wage & Minors $ 2,366,897 $ 0 29,422
GRF 795-413 OSHA Match $ 133,833 $ 0 29,426
GRF 795-414 Apprenticeship 29,428
Council $ 178,590 $ 0 29,430
GRF 795-417 Public Employment 29,432
Risk Reduction
Program $ 1,324,292 $ 0 29,434
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 29,437
Federal Special Revenue Fund Group 29,440
3S9 795-620 TANF Employment and 29,443
Training $ 700,000 $ 0 29,445
331 795-601 Federal Operating $ 112,062,105 $ 0 29,449
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 29,453
365 795-602 Job Training Program $ 101,224,584 $ 0 29,457
TOTAL FED Federal Special Revenue 29,458
Fund Group $ 215,279,947 $ 0 29,461
State Special Revenue Fund Group 29,464
4A9 795-607 Unemployment 29,467
Compensation
Administration Fund $ 17,015,029 $ 0 29,469
4G1 795-610 Interagency 29,471
Agreements $ 607,279 $ 0 29,473
4R3 795-609 Banking Fees $ 579,040 $ 0 29,477
5A5 795-616 Unemployment 29,479
Compensation Benefit
Automation $ 6,705,016 $ 0 29,481
557 795-613 Apprenticeship 29,483
Council Conference $ 15,000 $ 0 29,485
650
TOTAL SSR State Special Revenue 29,486
Fund Group $ 24,921,364 $ 0 29,489
TOTAL ALL BUDGET FUND GROUPS $ 268,436,798 $ 0 29,492
Administration Support Services 29,495
The Administrator of the Bureau of Employment Services may 29,497
assess programs of the bureau for the cost of administration, 29,499
support, and technical services. Such an assessment shall be 29,500
based upon a plan submitted to and approved by the Office of 29,501
Budget and Management by the first day of August of each fiscal 29,502
year and shall contain the characteristics of administrative ease 29,503
and uniform application. A program's payments shall be 29,505
transferred via intrastate transfer voucher to the Unemployment 29,507
Compensation Administration Fund (Fund 331). 29,508
Employer Surcharge 29,510
The surcharge and the interest on the surcharge amounts due 29,512
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 29,513
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 29,514
General Assembly shall be assessed, collected, accounted for, and 29,515
made available to the Administrator of the Bureau of Employment 29,516
Services in the same manner as are the surcharge and interest 29,517
amounts pursuant to section 4141.251 of the Revised Code. 29,518
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 29,520
General Services Fund Group 29,522
4K9 892-609 Operating Expenses $ 884,949 $ 927,525 29,527
TOTAL GSF General Services 29,528
Fund Group $ 884,949 $ 927,525 29,531
TOTAL ALL BUDGET FUND GROUPS $ 884,949 $ 927,525 29,534
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 29,537
General Revenue Fund 29,539
GRF 715-501 Local Air Pollution 29,542
Control $ 1,295,661 $ 1,331,940 29,544
GRF 716-321 Central 29,546
Administration $ 3,778,701 $ 3,879,590 29,548
651
GRF 717-321 Water Quality 29,550
Planning and
Assessment $ 8,276,598 $ 8,616,849 29,552
GRF 718-321 Groundwater $ 1,144,510 $ 1,179,013 29,556
GRF 719-321 Air Pollution Control $ 2,678,754 $ 2,764,837 29,560
GRF 721-321 Public Water System 29,562
Supervision $ 2,853,133 $ 2,940,744 29,564
GRF 723-321 Hazardous Waste $ 142,566 $ 155,813 29,568
GRF 724-321 Pollution Prevention $ 724,940 $ 827,440 29,572
GRF 725-321 Laboratory $ 1,170,344 $ 1,204,395 29,576
GRF 726-321 Corrective Actions $ 1,242,266 $ 1,203,353 29,580
GRF 728-321 Environmental 29,582
Financial Assistance $ 49,912 $ 54,550 29,584
GRF 729-321 Solid Waste $ 120,511 $ 131,709 29,588
TOTAL GRF General Revenue Fund $ 23,477,896 $ 24,290,233 29,591
General Services Fund Group 29,594
199 715-602 Laboratory Services $ 802,472 $ 822,893 29,599
4A1 715-640 Operating Expenses $ 4,376,896 $ 4,519,750 29,603
TOTAL GSF General Services 29,604
Fund Group $ 5,179,368 $ 5,342,643 29,607
Federal Special Revenue Fund Group 29,610
3F2 715-630 Revolving Loan Fund - 29,613
Operating $ 3,680,500 $ 3,716,000 29,615
3F3 715-632 Fed Supported Cleanup 29,617
and Response $ 3,064,631 $ 4,464,910 29,619
3F4 715-633 Water Quality 29,621
Management $ 727,000 $ 727,000 29,623
3F5 715-641 Nonpoint Source 29,625
Pollution Management $ 4,700,000 $ 5,300,000 29,627
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 29,631
3J5 715-615 Maumee River $ 153,680 $ 0 29,635
3K4 715-634 DOD Monitoring and 29,637
Oversight $ 718,301 $ 682,460 29,639
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 29,643
652
3M5 715-652 Haz Mat Transport 29,645
Uniform Safety $ 283,728 $ 284,493 29,647
3N1 715-655 Pollution Prevention 29,649
Grants $ 87,150 $ 25,000 29,651
3N4 715-657 DOE Monitoring and 29,653
Oversight $ 3,868,638 $ 3,883,118 29,655
3S4 715-653 Performance 29,657
Partnership Grants $ 13,795,906 $ 13,754,814 29,659
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 29,663
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 29,667
353 715-612 Public Water Supply $ 260,000 $ 260,000 29,671
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 29,675
357 715-619 Air Pollution Control $ 388,750 $ 255,000 29,679
362 715-605 Underground Injection 29,681
Control $ 50,000 $ 0 29,683
TOTAL FED Federal Special Revenue 29,684
Fund Group $ 37,167,934 $ 37,714,620 29,687
State Special Revenue Fund Group 29,690
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 29,695
4C3 715-647 Central Support 29,697
Indirect $ 7,103,081 $ 7,150,702 29,699
4J0 715-638 Underground Injection 29,701
Control $ 347,808 $ 357,265 29,703
4K2 715-648 Clean Air - Non Title 29,705
V $ 2,882,688 $ 3,183,577 29,707
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 29,711
4K4 715-650 Surface Water 29,713
Protection $ 8,017,576 $ 8,034,669 29,715
4K5 715-651 Drinking Water 29,717
Protection $ 4,344,761 $ 4,460,047 29,719
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 29,723
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 29,727
4R9 715-658 Voluntary Action 29,729
Program $ 171,406 $ 201,634 29,731
653
4T3 715-659 Clean Air Title V 29,733
Permit Program $ 16,254,785 $ 17,466,741 29,735
4U7 715-660 Construction & 29,737
Demolition Debris $ 122,000 $ 127,500 29,739
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 29,743
500 715-608 Immediate Removal 29,745
Special Account $ 800,390 $ 601,597 29,747
503 715-621 Hazardous Waste 29,749
Facility Management $ 8,219,531 $ 8,283,100 29,751
503 715-662 Hazardous Waste 29,753
Facility Board $ 654,214 $ 641,903 29,755
505 715-623 Hazardous Waste 29,757
Cleanup $ 12,914,553 $ 11,881,897 29,759
541 715-670 Site Specific Cleanup $ 2,417,353 $ 2,024,727 29,763
542 715-671 Risk Management 29,765
Reporting $ 480,200 $ 480,200 29,767
592 715-627 Anti-Tampering 29,769
Settlement $ 16,530 $ 15,334 29,771
6A1 715-645 Environmental 29,773
Education $ 2,137,081 $ 2,138,253 29,775
602 715-626 Motor Vehicle 29,777
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 29,779
644 715-631 ER Radiological 29,781
Safety $ 183,380 $ 184,893 29,783
660 715-629 Infectious Wastes 29,785
Management $ 127,849 $ 131,251 29,787
676 715-642 Water Pollution 29,789
Control Loan
Administration $ 100,000 $ 1,060,000 29,791
678 715-635 Air Toxic Release $ 355,457 $ 370,598 29,795
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 29,799
696 715-643 Air Pollution Control 29,801
Administration $ 765,621 $ 790,153 29,803
654
699 715-644 Water Pollution 29,805
Control
Administration $ 487,633 $ 500,384 29,807
TOTAL SSR State Special Revenue 29,808
Fund Group $ 94,168,315 $ 94,543,995 29,811
TOTAL ALL BUDGET FUND GROUPS $ 159,993,513 $ 161,891,491 29,814
Central Support Indirect Chargeback 29,817
The Environmental Protection Agency, with approval of the 29,819
Director of Budget and Management, shall utilize a methodology 29,820
for determining each division's payments into the Operating 29,821
Expenses Fund (Fund 4A1). The methodology used shall contain the 29,822
characteristics of administrative ease and uniform application. 29,823
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 29,824
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 29,826
General Revenue Fund 29,828
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 29,833
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 29,836
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 29,839
Section 48. ETH OHIO ETHICS COMMISSION 29,842
General Revenue Fund 29,844
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 29,849
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 29,852
General Services Fund Group 29,855
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 29,860
TOTAL GSF General Services 29,861
Fund Group $ 338,667 $ 363,766 29,864
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 29,867
Section 49. EXP OHIO EXPOSITIONS COMMISSION 29,870
General Revenue Fund 29,872
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 29,877
GRF 723-404 State Fair Reserve $ 700,000 $ 0 29,881
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 29,884
State Special Revenue Fund Group 29,887
655
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 29,892
4N2 723-602 Ohio State Fair 29,894
Harness Racing $ 475,000 $ 500,000 29,896
640 723-603 State Fair Reserve $ 700,000 $ 0 29,900
TOTAL SSR State Special Revenue 29,901
Fund Group $ 14,658,707 $ 14,445,497 29,904
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 29,907
State Fair Reserve 29,910
Within thirty days after the effective date of this 29,912
section, the Director of Budget and Management shall transfer 29,913
$700,000 in cash by intrastate transfer voucher from 29,914
appropriation line item 723-404 to Fund 640, State Fair Reserve, 29,915
which is hereby created.
The foregoing appropriation item 723-603, State Fair 29,917
Reserve, shall serve as a budget reserve fund for the Ohio 29,918
Expositions Commission in the event of a significant decline in 29,919
attendance due to inclement weather or extraordinary 29,920
circumstances during the Ohio State Fair and resulting in a loss 29,921
of revenue. The State Fair Reserve may be used by the Ohio 29,922
Expositions Commission to pay bills resulting from the Ohio State 29,923
Fair only if all the following criteria are met: 29,924
(A) Admission revenues for the 1999 Ohio State Fair are 29,926
less than $2,580,000 or admission revenues for the 2000 Ohio 29,927
State Fair are less than $2,660,000 due to inclement weather or 29,928
extraordinary circumstances. These amounts are ninety per cent 29,929
of the projected admission revenues for each year. 29,930
(B) The Ohio Expositions Commission declares a state of 29,932
fiscal exigency and requests release of funds by the Director of 29,933
Budget and Management. 29,934
(C) The Director of Budget and Management releases the 29,936
funds. The Director of Budget and Management may approve or 29,937
disapprove the request for release of funds, may increase or 29,938
decrease the amount of release, and may place such conditions as 29,939
the director deems necessary on the use of the released funds. 29,940
656
The Director of Budget and Management may transfer appropriation 29,941
authority from fiscal year 2000 to fiscal year 2001 as needed. 29,942
Section 50. GOV OFFICE OF THE GOVERNOR 29,944
General Revenue Fund 29,946
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 29,951
GRF 040-403 National Governors 29,953
Conference $ 170,848 $ 175,973 29,955
GRF 040-408 Office of Veterans' 29,957
Affairs $ 266,938 $ 274,866 29,959
TOTAL GRF General Revenue Fund $ 5,059,237 $ 5,214,880 29,962
General Services Fund Group 29,965
412 040-607 Notary Commission $ 156,666 $ 161,289 29,970
TOTAL GSF General Services 29,971
Fund Group $ 156,666 $ 161,289 29,974
TOTAL ALL BUDGET FUND GROUPS $ 5,215,903 $ 5,376,169 29,977
Appointment of Legal Counsel for the Governor 29,980
The Governor may expend a portion of the foregoing 29,982
appropriation item 040-321, Operating Expenses, to hire or 29,983
appoint legal counsel to be used in proceedings involving the 29,984
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 29,985
notwithstanding sections 109.02 and 109.07 of the Revised Code. 29,986
Section 51. DOH DEPARTMENT OF HEALTH 29,988
General Revenue Fund 29,990
GRF 440-402 Osteoporosis 29,993
Awareness $ 50,000 $ 50,000 29,995
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 29,999
GRF 440-407 Encephalitis Control 30,001
Project $ 246,967 $ 250,484 30,003
GRF 440-412 Cancer Incidence 30,005
Surveillance System $ 827,770 $ 828,159 30,007
GRF 440-413 Ohio Health Care 30,009
Policy and Data $ 3,098,845 $ 3,098,845 30,011
657
GRF 440-416 Child and Family 30,013
Health Services $ 11,179,151 $ 11,189,770 30,015
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 30,019
GRF 440-424 Kid's Card $ 125,000 $ 125,000 30,022
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 30,026
GRF 440-439 Nursing Home Survey 30,028
and Certification $ 3,081,223 $ 3,159,794 30,030
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 30,034
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 30,038
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 30,042
GRF 440-452 Child and Family 30,044
Health Care
Operations $ 989,603 $ 979,196 30,046
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 30,050
GRF 440-457 Services to State 30,052
Employees $ 135,143 $ 134,700 30,054
GRF 440-459 Ohio Early Start $ 12,056,497 $ 12,703,712 30,058
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 30,062
GRF 440-501 Local Health 30,064
Districts $ 4,059,968 $ 4,157,407 30,066
GRF 440-504 Poison Control 30,068
Network $ 197,000 $ 201,728 30,070
GRF 440-505 Medically Handicapped 30,072
Children $ 12,533,049 $ 12,533,049 30,074
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 30,078
GRF 440-507 Cystic Fibrosis $ 749,968 $ 750,136 30,082
GRF 440-508 Migrant Health $ 125,460 $ 128,471 30,086
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 30,090
TOTAL GRF General Revenue Fund $ 84,846,286 $ 88,042,453 30,093
General Services Fund Group 30,096
142 440-618 General Operations $ 3,661,794 $ 3,395,177 30,101
211 440-613 Central Support 30,103
Indirect Costs $ 24,374,512 $ 25,014,398 30,105
658
473 440-622 Lab Operating 30,107
Expenses $ 3,788,586 $ 3,843,985 30,109
683 440-633 Employee Assistance 30,111
Program $ 1,063,630 $ 1,034,876 30,113
698 440-634 Nurse Aide Training $ 221,634 $ 227,403 30,117
TOTAL GSF General Services 30,118
Fund Group $ 33,110,156 $ 33,515,839 30,121
Federal Special Revenue Fund Group 30,124
320 440-601 Maternal Child Health 30,127
Block Grant $ 26,200,000 $ 26,855,000 30,129
387 440-602 Preventive Health 30,131
Block Grant $ 8,786,601 $ 8,786,601 30,133
389 440-604 Women, Infants, and 30,135
Children $ 177,000,000 $ 177,000,000 30,137
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 30,141
392 440-618 General Operations $ 63,328,268 $ 64,876,942 30,145
TOTAL FED Federal Special Revenue 30,146
Fund Group $ 295,174,513 $ 297,879,637 30,149
State Special Revenue Fund Group 30,152
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 30,157
4F9 440-610 Sickle Cell Disease 30,159
Control $ 966,867 $ 988,347 30,161
4G0 440-636 Heirloom Birth 30,163
Certificate $ 135,206 $ 138,853 30,165
4G0 440-637 Birth Certificate 30,167
Surcharge $ 51,400 $ 52,839 30,169
4L3 440-609 Miscellaneous 30,171
Expenses $ 365,000 $ 365,000 30,173
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 30,177
470 440-618 General Operations $ 12,541,756 $ 12,320,915 30,181
471 440-619 Certificate of Need $ 321,962 $ 330,371 30,185
477 440-627 Medically Handicapped 30,187
Children Audit $ 1,600,000 $ 1,600,000 30,189
659
5B5 440-616 Quality, Monitoring, 30,191
and Inspection $ 740,973 $ 759,670 30,193
5C0 440-615 Alcohol Testing and 30,195
Permit $ 1,305,067 $ 1,325,113 30,197
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 30,201
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 30,205
610 440-626 Radiation Emergency 30,207
Response $ 920,982 $ 921,584 30,208
666 440-607 Medically Handicapped 30,210
Children-County
Assessments $ 14,433,293 $ 14,039,889 30,212
TOTAL SSR State Special Revenue 30,213
Fund Group $ 39,427,358 $ 38,529,340 30,216
Holding Account Redistribution Fund Group 30,219
R14 440-631 Vital Statistics $ 68,691 $ 68,691 30,224
R48 440-625 Refunds, Grants 30,226
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 30,228
TOTAL 090 Holding Account 30,229
Redistribution
Fund Group $ 78,971 $ 78,971 30,232
TOTAL ALL BUDGET FUND GROUPS $ 452,637,284 $ 458,046,240 30,235
Hemophilia Services 30,238
Of the foregoing appropriation item 440-406, Hemophilia 30,240
Services, $205,000 in each fiscal year shall be used to implement 30,241
the Hemophilia Insurance Pilot Project. 30,242
Of the foregoing appropriation item 440-406, Hemophilia 30,244
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 30,245
year 2001 shall be used by the Department of Health to provide 30,246
grants to the nine hemophilia treatment centers to provide 30,247
prevention services for persons with hemophilia and their family 30,248
members affected by AIDS and other bloodborne pathogens. 30,249
Cancer Registry System 30,251
The foregoing appropriation item 440-412, Cancer Incidence 30,253
660
Surveillance System, shall be used to establish and maintain a 30,254
cancer registry system within the Department of Health pursuant 30,255
to sections 3701.261 to 3701.263 of the Revised Code. 30,256
Health Care Policy and Data 30,258
The Director of Budget and Management shall transfer, no 30,260
later than 15 days after the effective date of this section, 30,261
$100,000 in fiscal year 2000 from appropriation item 400-410, 30,262
TANF State, or 400-411, TANF Federal Block Grant, or both, to 30,263
appropriation item 440-413, Ohio Health Care Policy and Data.
These funds shall be used by the Hamilton Health Care Center to 30,264
provide health care services for children or their families who 30,265
reside in Hamilton County, whose income is less than 200 per cent 30,266
of the official poverty line, as defined by the federal Office of 30,268
Management and Budget. The amount is hereby appropriated. 30,269
The Director of Budget and Management shall transfer, no 30,271
later than 15 days after the effective date of this section, 30,272
$100,000 in fiscal year 2000 from appropriation item 600-410, 30,273
TANF State, or 600-411, TANF Federal Block Grant, or both, to 30,274
appropriation item 440-413, Ohio Health Care Policy and Data.
These funds shall be used by the Hamilton Health Care Center to 30,275
provide health care services for children or their families who 30,276
reside in Hamilton County, whose income is less than 200 per cent 30,277
of the official poverty line, as defined by the federal Office of 30,279
Management and Budget. The amount is hereby appropriated. 30,280
Child and Family Health Services 30,282
Of the foregoing appropriation item 440-416, Child and 30,284
Family Health Services, $1,700,000 in each fiscal year shall be 30,285
used for family planning services. None of the funds received 30,287
through these family planning grants shall be used to provide 30,289
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 30,290
except in the case of a medical emergency. These funds shall be 30,291
distributed on the basis of the relative need in the community 30,292
served by the Director of Health to family planning programs, 30,293
661
which shall include family planning programs funded under Title V 30,294
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 30,296
301, as amended, and Title X of the "Public Health Services Act," 30,297
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 30,298
other family planning programs which the Department of Health 30,299
also determines will provide services that do not include
referrals for abortion, other than in the case of medical 30,300
emergency, with state moneys, but that otherwise substantially 30,301
comply with the quality standards for such programs under Title V 30,302
and Title X.
The Director of Budget and Management shall transfer, no 30,304
later than 15 days after the effective date of this section, from 30,305
appropriation item 400-410, TANF State, or 400-411, TANF Federal 30,306
Block Grant, or both, to appropriation item 440-416, Child and 30,307
Family Health Services, $250,000 in fiscal year 2000 to be used 30,308
for family planning services for children or their families whose
income is less than 200 per cent of the official poverty line, as 30,309
defined by the federal Office of Management and Budget. The 30,310
amount is hereby appropriated.
The Director of Budget and Management shall transfer, no 30,312
later than July 15, 2000, from appropriation item 600-410, TANF 30,313
State, or 600-411, TANF Federal Block Grant, or both, to 30,314
appropriation item 440-416, Child and Family Health Services, 30,315
$250,000 in fiscal year 2001 to be used for family planning
services for children or their families whose income is less than 30,316
200 per cent of the official poverty line, as defined by the 30,317
federal Office of Management and Budget. The amount is hereby 30,318
appropriated.
The Director of Health shall, by rule, provide reasonable 30,320
methods by which a grantee wishing to be eligible for federal 30,321
funding may comply with these requirements for state funding 30,322
without losing its eligibility for federal funding. 30,323
Of the foregoing appropriation item 440-416, Child and 30,325
Family Health Services, $150,000 in each fiscal year shall be 30,326
662
used to provide malpractice insurance for physicians and other 30,328
health professionals providing prenatal services in programs 30,329
funded by the Department of Health. 30,330
Of the foregoing appropriation item 440-416, Child and 30,332
Family Health Services, $650,000 in each fiscal year shall be 30,334
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 30,336
Family Health Services, $200,000 shall be used in each fiscal 30,338
year for the OPTIONS dental care access program. 30,339
Of the foregoing appropriation item 440-416, Child and 30,341
Family Health Services, $400,000 in each fiscal year shall be 30,342
used by local Child and Family Health Services Clinics to provide 30,343
services to uninsured low-income persons. 30,344
Of the foregoing appropriation item 440-416, Child and 30,346
Family Health Services, $600,000 in each fiscal year shall be 30,347
used by Federally Qualified Health Centers and federally 30,348
designated look-alikes to provide services to uninsured 30,349
low-income persons.
Of the foregoing appropriation item 440-416, Child and 30,351
Family Health Services, $25,000 in fiscal year 2000 shall be 30,352
provided to the Cincinnati Down Syndrome Association. 30,353
Of the foregoing appropriation item 440-416, Child and 30,355
Family Health Services, $40,000 in each fiscal year shall be 30,356
provided to the Wellness Community Center. 30,357
HIV/AIDS Prevention/Protease Inhibitors 30,359
Of the foregoing appropriation item 440-444, AIDS 30,361
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 30,362
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 30,363
in acquiring protease inhibitor drugs. 30,364
Of the foregoing appropriation item 440-444, AIDS 30,366
Prevention/AZT, $124,500 in each fiscal year shall be used for 30,367
the AIDS Drug Reimbursement Program pursuant to section 3701.241 30,368
of the Revised Code and Title XXVI of the "Public Health Services 30,369
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 30,370
663
Department of Health is authorized to adopt rules pursuant to 30,371
Chapter 119. of the Revised Code as necessary for the 30,372
administration of the program. 30,373
Prevention 30,375
Of the foregoing appropriation item 440-451, Prevention, 30,377
$100,000 shall be used in each fiscal year for rape prevention 30,379
programs.
Of the foregoing appropriation item 440-451, Prevention, 30,381
$450,000 in fiscal year 2001 shall be used for rabies prevention. 30,382
Ohio Early Start 30,384
Of the foregoing appropriation item 440-459, Ohio Early 30,386
Start, $5.9 million in fiscal year 2000 and $6.0 million in 30,387
fiscal year 2001 shall be used for Welcome Home services that 30,388
include home visits by registered nurses to first-time and teen 30,389
parents.
The remaining moneys in appropriation item 440-459, Ohio 30,391
Early Start, shall be used to provide services to children under 30,392
age three who are at risk of developmental delay or child abuse 30,393
and neglect. The appropriation shall be allocated with the 30,394
approval of the Family and Children First Cabinet Council and 30,395
pursuant to rules adopted in accordance with Chapter 119. of the 30,396
Revised Code.
Poison Control Network 30,398
Of the foregoing appropriation item 440-504, Poison Control 30,400
Network, all available funds in each fiscal year shall be used by 30,401
the Department of Health for grants to the consolidated Ohio 30,402
Poison Control Center to provide poison control services to Ohio 30,403
citizens. 30,404
Tuberculosis 30,406
The foregoing appropriation item 440-506, Tuberculosis, 30,408
shall be used to make payments to counties pursuant to section 30,409
339.43 of the Revised Code. 30,410
Maternal Child Health Block Grant 30,412
Of the foregoing appropriation item 440-601, Maternal Child 30,414
664
Health Block Grant (Fund 320), $2,091,299 shall be used in each 30,415
fiscal year for the purposes of abstinence-only education. The 30,416
Director of Health shall develop guidelines for the establishment 30,417
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 30,418
shall be pursuant to Title V of the "Social Security Act," 42 30,419
U.S.C.A. 510, and shall include, but are not limited to, 30,420
advertising campaigns and direct training in schools and other 30,421
locations.
A portion of the foregoing appropriation item 440-601, 30,423
Maternal Child Health Block Grant (Fund 320), may be used to 30,424
ensure that current information on sudden infant death syndrome 30,425
is available for distribution by local health districts. 30,426
Genetics Services 30,428
The foregoing appropriation item 440-608, Genetics Services 30,430
(Fund 4D6), shall be used by the Department of Health to 30,431
administer programs authorized by sections 3701.501 and 3701.502 30,432
of the Revised Code. 30,433
Sickle Cell Fund 30,435
The foregoing appropriation item 440-610, Sickle Cell 30,437
Disease Control (Fund 4F9), shall be used by the Department of 30,438
Health to administer programs authorized by section 3701.131 of 30,439
the Revised Code. The source of the funds is as specified in 30,440
section 3701.23 of the Revised Code. 30,441
Osteoporosis Awareness Program 30,443
Grants from pharmaceutical companies, and others, for the 30,445
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 30,446
Non-Governmental Revenue, and shall be used, along with 30,447
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 30,449
Office of Women's Health Initiatives to implement an Osteoporosis 30,450
Awareness Program.
Medically Handicapped Children Audit 30,452
The Medically Handicapped Children Audit Fund (Fund 477) 30,454
shall receive revenue from audits of hospitals and recoveries 30,455
665
from third-party payors. Moneys may be expended for payment of 30,456
audit settlements and for costs directly related to obtaining 30,457
recoveries from third-party payors and for encouraging Program 30,458
for Medically Handicapped Children recipients to apply for 30,459
third-party benefits. Moneys also may be expended for payments 30,460
for diagnostic and treatment services on behalf of medically 30,461
handicapped children, as defined in division (A) of section 30,462
3701.022 of the Revised Code, and Ohio residents who are 30,463
twenty-one or more years of age and who are suffering from cystic 30,464
fibrosis.
Rabies Prevention 30,466
The foregoing appropriation item 440-624, Health Services 30,468
(Fund 5E1), shall be used for rabies prevention. 30,469
Medically Handicapped Children - County Assessments 30,472
The foregoing appropriation item 440-607, Medically 30,474
Handicapped Children - County Assessments (Fund 666), shall be 30,475
used to make payments pursuant to division (E) of section 30,476
3701.023 of the Revised Code. 30,477
Cash Transfer from Liquor Control Fund to Alcohol Testing 30,479
and Permit Fund 30,480
The Director of Budget and Management, pursuant to a plan 30,482
submitted by the Department of Health, or as otherwise determined 30,484
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 30,486
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 30,487
needs of the Alcohol Testing and Permit program. 30,488
The Director of Budget and Management shall transfer to the 30,490
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 30,491
Control Fund (Fund 043) established in section 4301.12 of the 30,492
Revised Code such amounts at such times as determined by the 30,493
transfer schedule.
Indigent Persons Care Study 30,495
Before December 31, 1999, the Department of Health shall 30,497
submit a report to the Governor, the Speaker of the House of 30,498
666
Representatives, the President of the Senate, the Minority Leader 30,499
of the House of Representatives, the Minority Leader of the 30,500
Senate, the Legislative Budget Office of the Legislative Service 30,501
Commission, and the Office of Budget and Management. The report 30,502
shall include findings based on the data collected between July 30,503
1, 1997, and June 30, 1999, regarding the number of indigent 30,504
persons involved in motor vehicle accidents, the cost of the 30,505
indigent persons' medical care, and how the care was paid for. 30,506
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 30,508
General Revenue Fund 30,510
GRF 148-100 Personal Services $ 173,950 $ 178,125 30,515
GRF 148-200 Maintenance $ 37,422 $ 38,320 30,519
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 30,522
General Services Fund Group 30,524
601 148-602 Gifts and 30,527
Miscellaneous $ 8,107 $ 8,302 30,529
TOTAL GSF General Services 30,530
Fund Group $ 8,107 $ 8,302 30,533
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 30,536
Resource Utilization Study 30,539
The Commission on Hispanic/Latino Affairs shall explore 30,541
with the University of Toledo, or any other state university or 30,542
college, better options for utilizing the state resources 30,543
provided to the commission. The commission shall submit a report 30,544
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 30,545
of the House of Representatives, and the Minority Leader of the 30,546
Senate by December 31, 2000. 30,547
Section 53. OHS OHIO HISTORICAL SOCIETY 30,549
General Revenue Fund 30,551
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 30,556
GRF 360-502 Site Operations $ 7,482,699 $ 7,406,284 30,560
GRF 360-503 Ohio Bicentennial 30,562
Commission $ 1,096,155 $ 1,108,063 30,564
667
GRF 360-504 Ohio Preservation 30,566
Office $ 346,507 $ 354,824 30,568
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 30,572
GRF 360-506 Hayes Presidential 30,574
Center $ 751,229 $ 769,258 30,576
GRF 360-509 Adena Visitor Center 30,578
and Grounds $ 1,200,000 $ 0 30,580
TOTAL GRF General Revenue Fund $ 15,862,139 $ 14,743,630 30,583
TOTAL ALL BUDGET FUND GROUPS $ 15,862,139 $ 14,743,630 30,586
Subsidy Appropriation 30,589
Upon approval by the Director of Budget and Management, the 30,591
foregoing appropriation items shall be released to the Ohio 30,592
Historical Society in quarterly amounts that in total do not 30,593
exceed the annual appropriations. The funds and fiscal records 30,594
of the society for fiscal years 2000 and 2001 shall be examined 30,595
by independent certified public accountants approved by the 30,596
Auditor of State, and a copy of the audited financial statements 30,597
shall be filed with the Office of Budget and Management. The 30,598
society shall prepare and submit to the Office of Budget and 30,600
Management the following:
(A) An estimated operating budget for each fiscal year of 30,602
the biennium. The operating budget shall be submitted at or near 30,603
the beginning of each year. 30,604
(B) Financial reports, indicating actual receipts and 30,606
expenditures for the fiscal year to date. These reports shall be 30,607
filed at least semiannually during the fiscal biennium. 30,608
The foregoing appropriations shall be considered to be the 30,610
contractual consideration provided by the state to support the 30,611
state's offer to contract with the Ohio Historical Society under 30,612
section 149.30 of the Revised Code. 30,613
Site Operations 30,615
Of the foregoing appropriation item 360-502, Site 30,617
Operations, $150,000 in fiscal year 2000 shall be used for the 30,618
Neil Armstrong Museum.
668
Ohio Bicentennial Commission 30,620
Of the foregoing appropriation item 360-503, Ohio 30,622
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 30,623
used for the Newark Bicentennial, and $50,000 in fiscal year 2000 30,624
shall be used for the Aurora Bicentennial.
Adena Visitor Center and Grounds 30,626
The foregoing appropriation item 360-509, Adena Visitor 30,628
Center and Grounds, shall be used toward the completion of a 30,629
visitor center and the repair, restoration, and renovation of 30,630
existing structures in preparation for Ohio's bicentennial 30,631
celebration.
Hayes Presidential Center 30,633
If a United States government agency, including, but not 30,635
limited to, the National Park Service, chooses to take over the 30,636
operations and/or maintenance of the Hayes Presidential Center, 30,637
in whole or in part, the Ohio Historical Society shall make 30,639
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 30,641
and/or maintenance.
Ohio Historical Society Review Committee 30,643
(A) There is hereby created the Ohio Historical Society 30,645
Review Committee consisting of seven members. The Governor, the 30,646
Speaker of the House of Representatives, the President of the 30,647
Senate, and the minority leaders of the House and the Senate 30,648
shall each appoint one member. The President of the Ohio 30,649
Historical Society Board of Trustees, and another member of the 30,650
Ohio Historical Society Board shall also be members. 30,651
(1) All members shall serve without compensation. 30,653
(2) Four members shall constitute a quorum. 30,655
(3) The society's members shall include one representative 30,657
who is elected by the society and one who is appointed by the 30,658
Governor.
(4) The review committee shall select a chairperson from 30,660
among its members.
669
(B) The task of the review committee shall include, but is 30,662
not limited to, the formulation of financial alternatives 30,663
concerning future funding needs, a review of the appropriateness 30,664
of the statutory duties of the society, and a review of the 30,665
financial and governance relationship between the state and the
Ohio Historical Society. 30,666
(C) The review committee shall make recommendations to the 30,668
Governor, the House of Representatives, the Senate, and the Ohio 30,669
Historical Society by October 1, 2000, at which time the 30,671
committee shall be terminated.
(D) The review committee may enter into professional 30,673
services contracts to assist with their review. Such expenses, 30,674
and other expenses related to the activities of the review 30,675
committee, shall be paid from the foregoing appropriation item 30,677
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 30,678
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 30,680
General Revenue Fund 30,682
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 30,687
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 30,690
General Services Fund Group 30,693
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 30,698
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 30,702
TOTAL GSF General Services 30,703
Fund Group $ 1,321,490 $ 1,321,490 30,706
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 30,709
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 30,712
General Revenue Fund 30,714
GRF 400-100 Personal Services 30,717
State $ 35,596,987 $ 0 30,721
Federal $ 16,903,068 $ 0 30,725
Personal Services 30,727
Total $ 52,500,055 $ 0 30,729
GRF 400-200 Maintenance 30,731
670
State $ 17,044,633 $ 0 30,735
Federal $ 7,409,647 $ 0 30,739
Maintenance Total $ 24,454,280 $ 0 30,743
GRF 400-300 Equipment 30,745
State $ 925,465 $ 0 30,749
Federal $ 406,522 $ 0 30,753
Equipment Total $ 1,331,987 $ 0 30,757
GRF 400-402 Electronic Benefits 30,759
Transfer (EBT)
State $ 7,260,457 $ 0 30,763
Federal $ 7,260,458 $ 0 30,767
EBT Total $ 14,521,095 $ 0 30,771
GRF 400-405 Family Violence 30,773
Prevention Programs $ 812,274 $ 0 30,775
GRF 400-408 Child & Family 30,777
Services Activities $ 3,104,606 $ 0 30,779
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 30,783
GRF 400-410 TANF State $ 261,857,133 $ 0 30,787
GRF 400-411 TANF Federal Block 30,789
Grant $ 417,200,000 $ 0 30,791
GRF 400-413 Day Care Match/Maint. 30,793
of Effort $ 76,454,292 $ 0 30,795
GRF 400-416 Computer Projects 30,797
State $ 69,280,200 $ 0 30,801
Federal $ 29,719,800 $ 0 30,805
Computer Projects 30,807
Total $ 99,000,000 $ 0 30,809
GRF 400-420 Child Support 30,811
Administration $ 7,125,822 $ 0 30,813
GRF 400-426 Children's Health 30,815
Insurance Program
State $ 2,104,086 $ 0 30,819
Federal $ 4,656,614 $ 0 30,823
671
Children's Health 30,825
Insurance Program
Total $ 6,760,700 $ 0 30,827
GRF 400-502 Child Support Match $ 20,207,796 $ 0 30,831
GRF 400-504 Non-TANF County 30,833
Administration $ 76,017,940 $ 0 30,835
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 30,839
GRF 400-512 Non-TANF Emergency 30,841
Assistance $ 4,200,000 $ 0 30,843
GRF 400-522 Burial Claims $ 1,338,062 $ 0 30,847
GRF 400-525 Health Care/Medicaid 30,849
State $2,286,263,557 $ 0 30,853
Federal $3,220,151,560 $ 0 30,857
Health Care/Medicaid 30,859
Total $5,506,415,117 $ 0 30,861
GRF 400-527 Child Protective 30,863
Services $ 54,808,735 $ 0 30,865
GRF 400-528 Adoption Services 30,867
State $ 27,253,334 $ 0 30,871
Federal $ 25,996,634 $ 0 30,875
Adoption Services 30,877
Total $ 53,249,968 $ 0 30,879
GRF 400-534 Adult Protective 30,881
Services $ 2,931,340 $ 0 30,883
GRF 400-552 County Social 30,885
Services $ 12,072,886 $ 0 30,887
TOTAL GRF General Revenue Fund 30,888
State $2,797,629,210 $ 0 30,892
Federal $3,965,472,393 $ 0 30,896
GRF Total $6,763,101,603 $ 0 30,900
General Services Fund Group 30,903
4A8 400-658 Child Support 30,906
Collections $ 42,751,619 $ 0 30,908
4R4 400-665 BCII Service Fees $ 110,119 $ 0 30,912
672
5C9 400-671 Medicaid Program 30,914
Support $ 83,135,065 $ 0 30,916
613 400-645 Training Activities $ 75,000 $ 0 30,920
TOTAL GSF General Services 30,921
Fund Group $ 126,071,803 $ 0 30,924
Federal Special Revenue Fund Group 30,927
3A2 400-641 Emergency Food 30,930
Distribution $ 1,499,480 $ 0 30,932
3D3 400-648 Children's Trust Fund 30,934
Federal $ 1,475,393 $ 0 30,936
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 30,940
3F0 400-650 Hospital Care 30,942
Assurance Match $ 319,566,075 $ 0 30,944
3G5 400-655 Interagency 30,946
Reimbursement $ 775,423,674 $ 0 30,948
3G9 400-657 Special Activities 30,950
Family Assistance $ 333,882 $ 0 30,952
3H7 400-617 Day Care Federal $ 137,857,760 $ 0 30,956
3N0 400-628 IV-E Foster Care 30,958
Maintenance/Pass 30,959
Through $ 162,844,023 $ 0 30,961
3S5 400-622 Child Support 30,963
Projects $ 534,050 $ 0 30,965
316 400-602 State and Local 30,967
Training $ 6,770,894 $ 0 30,969
327 400-606 Child Welfare $ 29,007,597 $ 0 30,973
384 400-610 Food Stamps and State 30,975
Administration $ 141,595,547 $ 0 30,977
385 400-614 Foreign Refugees $ 7,309,725 $ 0 30,981
395 400-616 Special 30,983
Activities/Child and
Family Services $ 4,418,844 $ 0 30,985
396 400-620 Social Services Block 30,987
Grant $ 73,947,634 $ 0 30,989
673
397 400-626 Child Support $ 216,456,690 $ 0 30,993
398 400-627 Adoption Maintenance/ 30,995
Administration $ 204,774,490 $ 0 30,998
TOTAL FED Federal Special Revenue 30,999
Fund Group $2,301,901,550 $ 0 31,002
State Special Revenue Fund Group 31,005
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 31,010
4E3 400-605 Nursing Home 31,012
Assessments $ 92,910 $ 0 31,014
4E7 400-604 Child and Family 31,016
Services Collections $ 138,780 $ 0 31,018
4F1 400-609 Foundation 31,020
Grants/Child and
Family Services $ 1,383,822 $ 0 31,022
4J5 400-613 Nursing Facility Bed 31,024
Assessments $ 32,319,125 $ 0 31,026
4J5 400-618 Residential State 31,028
Supplement Payments $ 14,112,907 $ 0 31,030
4K1 400-621 ICF MR Bed 31,032
Assessments $ 21,323,562 $ 0 31,034
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 31,038
4V2 400-612 Child Support 31,040
Activities $ 124,993 $ 0 31,042
5E4 400-615 Private Child Care 31,044
Agencies Training $ 10,280 $ 0 31,046
6A7 400-656 Ford Foundation $ 61,680 $ 0 31,050
600 400-603 Third-Party 31,052
Recoveries $ 10,370,063 $ 0 31,054
651 400-649 Hospital Care 31,056
Assurance Program $ 228,951,047 $ 0 31,058
TOTAL SSR State Special Revenue 31,059
Fund Group $ 313,056,333 $ 0 31,062
Agency Fund Group 31,065
674
192 400-646 Support Intercept - 31,068
Federal $ 68,354,979 $ 0 31,070
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 31,074
583 400-642 Support 31,076
Intercept-State $ 14,458,021 $ 0 31,078
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 31,081
Holding Account Redistribution Fund Group 31,084
R12 400-643 Refunds and Audit 31,087
Settlements $ 200,000 $ 0 31,089
R13 400-644 Forgery Collections $ 700,000 $ 0 31,093
TOTAL 090 Holding Account 31,094
Redistribution
Fund Group $ 900,000 $ 0 31,097
TOTAL ALL BUDGET FUND GROUPS $9,592,984,289 $ 0 31,100
Section 55.01. Family Violence Prevention 31,103
The foregoing appropriation item 400-405, Family Violence 31,105
Prevention Programs, may be used to provide grants for county and 31,106
local family violence prevention community education initiatives, 31,107
and to provide funding for domestic violence shelters that the 31,108
Department of Human Services determines are exclusively for 31,110
victims of domestic violence.
Section 55.02. Health Care/Medicaid 31,112
The foregoing appropriation item 400-525, Health 31,114
Care/Medicaid, shall not be limited by the provisions of section 31,115
131.33 of the Revised Code. 31,116
Section 55.03. Community Based Providers 31,118
From the foregoing appropriation item 400-525, Health 31,120
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 31,121
increase reimbursements in accordance with division (B) of 31,122
section 5111.025 of the Revised Code.
Section 54.03. Disability Assistance 31,124
The following schedule shall be used to determine monthly 31,126
grant levels in the Disability Assistance Program effective July 31,127
1, 1999. 31,128
675
Persons in 31,130
Assistance Group Monthly Grant 31,131
1 $115 31,134
2 159 31,135
3 193 31,136
4 225 31,137
5 251 31,138
6 281 31,139
7 312 31,140
8 361 31,141
9 394 31,142
10 426 31,143
11 458 31,144
12 490 31,145
13 522 31,146
14 554 31,147
For each additional person add 40 31,150
TANF Federal Funds 31,153
Upon the request of the Department of Human Services, the 31,155
Controlling Board may increase appropriations in appropriation 31,157
item 400-411, TANF Federal Block Grant, provided sufficient 31,158
Federal TANF block grant funds exist to do so, without any 31,159
corresponding decrease in other appropriation items. The 31,161
department shall first provide the Office of Budget and
Management with documentation to support the need for the 31,162
increased appropriation.
TANF Funds Transfer to Title XX 31,164
From the foregoing appropriation item 400-411, TANF Federal 31,166
Block Grant, no later than 15 days after the effective date of 31,167
this section, the Director of Budget and Management shall 31,168
transfer $1,623,864 cash to Fund 396, appropriation item 400-620, 31,170
Social Services Block Grant, for use in fiscal year 2000. The
transferred moneys are hereby appropriated. 31,171
From the amount transferred in fiscal year 2000 to 31,173
676
appropriation item 400-620, Social Services Block Grant, no later 31,174
than 30 days after the effective date of this section, the 31,175
Director of Budget and Management shall transfer $1,623,864 cash 31,176
to Fund 3T0, appropriation item 038-612, Social Services Block
Grant Transfer, within the Department of Alcohol and Drug 31,177
Addiction Services, for use in fiscal year 2000. The transferred 31,179
moneys are hereby appropriated.
TANF County Incentives 31,181
Of the foregoing appropriation item 400-411, TANF Federal 31,183
Block Grant, the Department of Human Services may provide 31,185
financial incentives to those county departments of human 31,186
services that have exceeded performance standards adopted by the 31,187
state department, and where the board of county commissioners has 31,188
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 31,189
of the county department. Any financial incentive funds provided 31,190
pursuant to this division shall be used by the county department 31,191
for additional or enhanced services for families eligible for 31,192
assistance under Chapter 5107. or 5108. of the Revised Code or, 31,194
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 31,195
or the Social Services Block Grant. The county departments of 31,196
human services may retain and expend such funds without regard to 31,198
the state or county fiscal year in which the financial incentives 31,199
were earned or paid. Each county department of human services 31,200
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 31,201
these financial incentives and an evaluation of the effectiveness 31,202
of the county department's use of these funds in achieving 31,203
self-sufficiency for families eligible for assistance under 31,204
Chapter 5107. or 5108. of the Revised Code.
Hamilton Health Care Center 31,206
From the foregoing appropriation item 400-410, TANF State, 31,208
no later than 30 days after the effective date of this section, 31,209
677
the Director of Budget and Management shall transfer $100,000 in 31,210
appropriation authority to appropriation item 440-413, Ohio 31,211
Health Care Policy and Data, in the Department of Health. The 31,212
transferred appropriation authority shall be used to provide
health care services for children or their families who reside in 31,213
Hamilton County whose income is less than 200 per cent of the 31,214
official poverty line (as defined by the federal Office of 31,215
Management and Budget).
Individual Development Accounts 31,217
From the foregoing appropriation items 400-410, TANF State, 31,219
or 400-411, TANF Federal Block Grant, or both, up to $1,000,000 31,220
in fiscal year 2000 shall be used to allow county departments of 31,221
human services to make matching contributions to Individual 31,222
Development Accounts that have been established by residents of 31,223
the county.
Human Services Personal Care Assistance 31,225
From the foregoing appropriation items 400-410, TANF State, 31,227
or 400-411, TANF Federal Block Grant, or both, no later than 30 31,228
days after the effective date of this section, the Director of 31,229
Budget and Management shall transfer $240,000 cash to Fund 3T6, 31,230
appropriation item 415-621, Human Services Personal Care 31,231
Assistance, in the Rehabilitation Services Commission. The cash
transferred shall be used to fund two pilot projects, one in 31,232
Franklin County and one in Cuyahoga County, to place 25 31,233
TANF-eligible persons into jobs as personal care assistants. 31,234
TANF Family Planning 31,236
The Director of Budget and Management shall transfer, no 31,238
later than 15 days after the effective date of this section, 31,239
$250,000 in fiscal year 2000 from appropriation item 400-410, 31,240
TANF State, or 400-411, TANF Federal Block Grant, or both, to 31,241
440-416, Child and Family Health Services, to be used for family
planning services. 31,242
Funding for Emergency Food Distribution Programs 31,244
Of the foregoing appropriation items 400-410, TANF State, 31,246
678
or 400-411, TANF Federal Block Grant, or both, $1,600,000 in 31,247
fiscal year 2000 shall be used by the Department of Human 31,248
Services to purchase commodities and distribute those commodities 31,249
to supplement the emergency food distribution programs. Agencies
receiving commodities under this program shall provide reports in 31,250
accordance with rules developed by the Department of Human 31,251
Services.
TANF Fatherhood Programs 31,253
From the foregoing appropriation item 400-411, TANF Federal 31,255
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 31,256
to support local fatherhood programs. 31,257
TANF Adult Literacy and Child Reading Programs 31,259
From the foregoing appropriation item 400-411, TANF Federal 31,261
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 31,262
to support local adult literacy and child reading programs. 31,263
Single Allocation for County Departments of Human Services 31,265
Using the foregoing appropriation items 400-504, Non-TANF 31,267
County Administration; 400-610, Food Stamps and State 31,268
Administration; 400-410, TANF State; 400-411, TANF Federal Block 31,270
Grant; 400-620, Social Services Block Grant; 400-552, County 31,271
Social Services; 400-413, Day Care Match/Maintenance of Effort; 31,272
400-617, Day Care Federal; 400-534, Adult Protective Services; 31,273
and 400-614, Foreign Refugees, the Department of Human Services 31,274
may establish a single allocation for county departments of human 31,275
services that are subject to a partnership agreement between a 31,276
board of county commissioners and the department. The county 31,277
department is not required to use all the money from one or more 31,278
of the foregoing appropriations items listed in this paragraph 31,279
for the purpose for which the specific appropriation item is made 31,280
so long as the county department uses the money for a purpose for 31,281
which at least one of the other of those foregoing appropriation 31,282
items is made. The county department may not use the money in 31,283
the allocation for a purpose other than a purpose for which any 31,284
of those foregoing appropriation items are made. If the spending 31,285
679
estimates used in establishing the single allocation are not 31,286
realized and the county department uses money in one or more of 31,287
those foregoing appropriation items in a manner for which federal 31,288
financial participation is not available, the department shall 31,289
use state funds available in one or more of those foregoing 31,290
appropriation items to ensure that the county department receives 31,291
the full amount of its allocation. The single allocation is the 31,292
maximum amount the county department will receive from those 31,293
foregoing appropriation items. 31,294
Reports on Interagency Transfers 31,296
With regard to the foregoing appropriation item 400-655, 31,298
Interagency Reimbursement, the Department of Human Services shall 31,299
provide the Legislative Budget Office of the Legislative Service 31,300
Commission with a report each month that details interagency 31,302
transfers through the appropriation item. The reports shall 31,303
break down transfers by agency and appropriation item to which 31,304
transfers are made. Transfers shall further be broken down by 31,305
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 31,306
number, and department reporting category number. In addition, 31,307
transfers of Medicaid dollars shall be grouped between 31,308
reimbursement for services and administrative costs. Reports 31,309
shall be provided to the Legislative Budget Office of the 31,310
Legislative Service Commission within two weeks after the end of 31,312
the month.
Section 55.05. Hospital Care Assurance Match 31,314
Appropriation item 400-650, Hospital Care Assurance Match, 31,317
shall be used by the Department of Human Services to receive and 31,318
distribute funds in connection with the Hospital Care Assurance 31,319
Program.
Section 55.06. Transfer of Funds 31,321
The Department of Human Services shall transfer, through 31,323
intrastate transfer vouchers, cash from State Special Revenue 31,324
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 31,325
680
Community-Based Services, in the Department of Mental Retardation 31,326
and Developmental Disabilities. The sum of the transfers shall 31,327
be equal to the amounts appropriated in fiscal year 2000 in 31,328
appropriation item 322-604, Waiver - Match. The transfer may 31,330
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 31,331
The Department of Human Services shall transfer, through 31,333
intrastate transfer vouchers, cash from the State Special Revenue 31,334
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 31,335
4J4, PASSPORT, in the Department of Aging. The sum of the 31,336
transfers shall be equal to the amount appropriated in fiscal 31,337
year 2000 in appropriation item 490-610, PASSPORT/Residential 31,340
State Supplement. The transfer may occur on a quarterly basis or 31,341
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 31,343
The Department of Human Services shall transfer, through 31,345
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 31,346
Program Support, to the Department of Mental Health's Fund 4X5, 31,347
OhioCare, in accordance with an interagency agreement that 31,349
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 31,350
services.
The Director of Budget and Management shall transfer cash 31,352
from the Department of Human Services Fund 5C9, Medicaid Program 31,354
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 31,355
Transfer from the Children's Trust Fund to the Wellness 31,357
Block Grant Fund
Within 90 days after the effective date of this section, 31,359
the Director of Budget and Management shall transfer $1,000,000 31,361
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 31,362
4N7, Wellness Block Grant, within the Department of Human 31,363
Services' budget.
Foster Care Liability Coverage 31,365
681
On behalf of public children services agencies and in 31,367
consultation with the Department of Insurance and the Office of 31,368
State Purchasing, the Department of Human Services may seek and 31,369
accept proposals for a uniform and statewide insurance policy to 31,370
indemnify foster parents for personal injury and property damage 31,371
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 31,372
children services agency that agrees to purchase the insurance 31,373
policy.
Protective Services Incentive Funding 31,375
Notwithstanding the formula in section 5101.14 of the 31,377
Revised Code, from the foregoing appropriation item 400-527, 31,378
Child Protective Services, the Department of Human Services may 31,380
use no more than $5,400,000 in fiscal year 2000 as incentive 31,381
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 31,382
delivery. The department shall develop a process for the release 31,383
of these funds and may adopt rules in accordance with section 31,384
111.15 of the Revised Code governing the distribution, release, 31,385
and use of these funds.
Day Care/Head Start Collaborations 31,387
The Department of Human Services and the county departments 31,389
of human services shall work to develop collaborative efforts 31,390
between Head Start and child care providers. The Department of 31,391
Human Services may use the foregoing appropriation items 400-413, 31,393
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 31,394
child day care centers. 31,395
Adoption Assistance 31,397
Of the foregoing appropriation item 400-528, Adoption 31,400
Services State, not more than $3,700,000 in fiscal year 2000 31,401
shall be used in support of post finalization adoption services 31,402
offered pursuant to section 5153.163 of the Revised Code. The 31,403
Department of Human Services shall adopt rules and procedures 31,404
682
pursuant to section 111.15 of the Revised Code to set payment 31,405
levels and limit eligibility for post finalization adoption 31,406
services as necessary to limit program expenditures to the 31,407
amounts set forth in this section, based on factors including, 31,408
but not limited to, any or all of the following: type, or 31,409
extent, of the adopted child's disability or special need; and 31,410
resources available to the adoptive family to meet the child's 31,412
service needs.
Child Support Collections/TANF MOE 31,414
The foregoing appropriation item 400-658, Child Support 31,416
Collections, shall be used by the Department of Human Services to 31,417
meet the TANF Maintenance of Effort requirements of Pub. L. No. 31,418
104-193. After the state has met the maintenance of effort 31,419
requirement, the Department of Human Services may use funds from 31,420
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 31,421
Private Child Care Agencies Training 31,423
The foregoing appropriation item 400-615, Private Child 31,425
Care Agencies Training, shall be used by the Department of Human 31,426
Services to provide the state match for federal Title IV-E 31,427
training dollars for private child placing agencies and private 31,428
noncustodial agencies. Revenues shall consist of moneys derived 31,429
from fees established under section 5101.143 of the Revised Code 31,430
and paid by private child placing agencies and private 31,431
noncustodial agencies.
Transfer for Lead Assessments 31,433
Of the foregoing appropriation item 400-525, Health 31,435
Care/Medicaid, the Department of Human Services may transfer 31,436
funds from the General Revenue Fund to the General Operations 31,437
Fund (Fund 142) of the Department of Health. Transfer of the 31,438
funds shall be made through intrastate transfer voucher pursuant 31,439
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 31,440
Healthcheck recipients.
683
Medicaid Program Support Fund - State 31,442
The foregoing appropriation item 400-671, Medicaid Program 31,444
Support, shall be used by the Department of Human Services to pay 31,445
for Medicaid services and contracts. 31,446
Holding Account Redistribution Group 31,448
The foregoing appropriation items 400-643 and 400-644, 31,450
Holding Account Redistribution Fund Group, shall be used to hold 31,451
revenues until they are directed to the appropriate accounts or 31,452
until they are refunded. If it is determined that additional 31,453
appropriation authority is necessary, such amounts are hereby 31,454
appropriated.
Agency Fund Group 31,456
The Agency Fund Group shall be used to hold revenues until 31,459
the appropriate fund is determined or until they are directed to 31,460
the appropriate governmental agency other than the Department of 31,462
Human Services. If it is determined that additional 31,463
appropriation authority is necessary, such amounts are hereby
appropriated. 31,464
Section 55.07. Adoptive Placement Payments 31,466
The foregoing appropriation item 400-408, Child & Family 31,468
Services Activities, may be used to make payments pursuant to 31,469
agreements entered into under section 5103.12 of the Revised 31,470
Code. 31,471
Consolidation of State Grants 31,473
With the consent of a county, the Department of Human 31,475
Services may combine into a single and consolidated grant of 31,476
state aid, funds that would otherwise be provided to that county 31,477
pursuant to the operation of section 5101.14 of the Revised Code 31,478
and other funds that would otherwise be provided to that county 31,479
for the purpose of providing kinship care. 31,480
Funds contained in any such consolidation grant shall not 31,482
be subject to either statutory or administrative rules that would 31,483
otherwise govern allowable uses from such funds, except that such 31,485
funds shall continue to be used by the county to meet the
684
expenses of its children services program. Funds contained in 31,486
any consolidation grant shall be paid to each county within 31,487
thirty days after the beginning of each calendar quarter. Funds 31,488
provided to a county under this section shall be deposited in the 31,490
children services fund, established in section 5101.143 of the 31,491
Revised Code, and shall be used for no other purpose than to meet 31,492
the expenses of the children services program.
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 31,494
General Revenue Fund 31,496
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 31,501
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 31,504
State Special Revenue Fund Group 31,506
4Z3 965-602 Special 31,509
Investigations $ 100,000 $ 100,000 31,511
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 31,514
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 31,517
Of the foregoing appropriation item 965-602, Special 31,520
Investigations, up to $100,000 in each fiscal year may be used 31,521
for investigative costs, pursuant to section 121.481 of the 31,522
Revised Code.
Section 57. INS DEPARTMENT OF INSURANCE 31,524
State Special Revenue Fund Group 31,526
554 820-601 Operating Expenses - 31,529
OSHIIP $ 733,707 $ 751,351 31,531
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 31,535
555 820-605 Examination $ 6,147,608 $ 6,090,979 31,539
TOTAL SSR State Special Revenue 31,540
Fund Group $ 24,421,886 $ 24,613,724 31,543
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 31,546
Market Conduct Examination 31,549
When conducting a market conduct examination of any insurer 31,551
doing business in this state, the Superintendent of Insurance may 31,552
assess the costs of such examination against the insurer. The 31,553
685
superintendent may enter into consent agreements to impose 31,554
administrative assessments or fines for conduct discovered that 31,555
may be violations of statutes or regulations administered by the 31,556
superintendent. All costs, assessments, or fines collected shall 31,557
be deposited to the credit of the Department of Insurance 31,558
Operating Fund (Fund 554). 31,559
Examinations of Domestic Fraternal Benefit Societies 31,561
The Superintendent of Insurance may transfer funds from the 31,563
Department of Insurance Operating Fund (Fund 554) established by 31,564
section 3901.021 of the Revised Code to the Superintendents 31,565
Examination Fund (Fund 555) established by section 3901.071 of 31,566
the Revised Code, only for the expenses incurred in examining 31,567
Domestic Fraternal Benefit Societies as required by section 31,568
3921.35 of the Revised Code. 31,569
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 31,571
General Revenue Fund 31,573
GRF 600-100 Personal Services 31,576
State $ 0 $ 35,389,243 31,580
Federal $ 0 $ 16,630,812 31,584
Personal Services 31,586
Total $ 0 $ 52,020,055 31,588
GRF 600-200 Maintenance 31,590
State $ 0 $ 17,309,326 31,594
Federal $ 0 $ 7,368,926 31,598
Maintenance Total $ 0 $ 24,678,252 31,602
GRF 600-300 Equipment 31,604
State $ 0 $ 420,342 31,608
Federal $ 0 $ 180,834 31,612
Equipment Total $ 0 $ 601,176 31,616
GRF 600-402 Electronic Benefits 31,618
Transfer (EBT)
State $ 0 $ 7,332,532 31,622
Federal $ 0 $ 7,332,531 31,626
EBT Total $ 0 $ 14,665,063 31,630
686
GRF 600-405 Family Violence 31,632
Prevention Programs $ 0 $ 835,018 31,634
GRF 600-406 Workforce Development $ 0 $ 358,404 31,638
GRF 600-407 Unemployment 31,640
Insurance/Employment
Services Operating $ 0 $ 22,727,425 31,642
GRF 600-408 Labor Market 31,644
Projections $ 0 $ 184,534 31,646
GRF 600-410 TANF State $ 0 $ 261,857,133 31,650
GRF 600-411 TANF Federal Block 31,652
Grant $ 0 $ 417,200,000 31,654
GRF 600-412 Prevailing 31,656
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 31,658
GRF 600-413 Day Care 31,660
Match/Maintenance of
Effort $ 0 $ 76,454,292 31,662
GRF 600-414 Apprenticeship 31,664
Council $ 0 $ 177,769 31,666
GRF 600-416 Computer Projects 31,668
State $ 0 $ 74,620,000 31,672
Federal $ 0 $ 29,380,000 31,676
Computer Projects 31,678
Total $ 0 $ 104,000,000 31,680
GRF 600-417 Public Employee Risk 31,682
Reduction Program $ 0 $ 1,356,075 31,684
GRF 600-420 Child Support 31,686
Administration $ 0 $ 8,103,800 31,688
GRF 600-426 Children's Health 31,690
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 31,693
Federal $ 0 $ 16,857,856 31,696
CHIP Total $ 0 $ 23,957,445 31,699
687
GRF 600-427 Child and Family 31,701
Services Activities $ 0 $ 3,110,655 31,703
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 31,707
GRF 600-429 Womens Programs $ 0 $ 485,619 31,711
GRF 600-430 OSHA Match $ 0 $ 137,045 31,715
GRF 600-502 Child Support Match $ 0 $ 20,773,614 31,719
GRF 600-504 Non-TANF County 31,721
Administration $ 0 $ 75,017,940 31,723
GRF 600-511 Disability 31,725
Assistance/Other
Assistance $ 0 $ 52,000,000 31,727
GRF 600-512 Non-TANF Emergency 31,729
Assistance $ 0 $ 4,200,000 31,731
GRF 600-522 Burial Claims $ 0 $ 1,465,911 31,735
GRF 600-525 Health Care/Medicaid 31,737
State $ 0 $2,422,436,361 31,741
Federal $ 0 $3,426,033,848 31,745
Health Care Total $ 0 $5,848,470,209 31,749
GRF 600-527 Child Protective 31,751
Services $ 0 $ 57,332,997 31,753
GRF 600-528 Adoption Services 31,755
State $ 0 $ 28,428,928 31,759
Federal $ 0 $ 27,632,851 31,763
Adoption Services 31,765
Total $ 0 $ 56,061,779 31,767
GRF 600-534 Adult Protective 31,769
Services $ 0 $ 2,931,340 31,771
GRF 600-552 County Social 31,773
Services $ 0 $ 12,072,886 31,775
TOTAL GRF General Revenue Fund 31,776
State $ 0 $2,974,797,193 31,780
Federal $ 0 $4,185,200,460 31,784
GRF Total $ 0 $7,159,997,653 31,788
General Services Fund Group 31,791
688
4A8 600-658 Child Support 31,794
Collections $ 0 $ 42,389,027 31,796
4R4 600-665 BCII Service Fees $ 0 $ 113,202 31,800
5C9 600-671 Medicaid Program 31,802
Support $ 0 $ 83,527,307 31,804
613 600-645 Training Activities $ 0 $ 75,000 31,808
TOTAL GSF General Services 31,809
Fund Group $ 0 $ 126,104,536 31,812
Federal Special Revenue Fund Group 31,815
3A2 600-641 Emergency Food 31,818
Distribution $ 0 $ 1,499,480 31,820
3D3 600-648 Children's Trust Fund 31,822
Federal $ 0 $ 1,475,393 31,824
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 31,828
3F0 600-650 Hospital Care 31,830
Assurance Match $ 0 $ 309,158,525 31,832
3G5 600-655 Interagency 31,834
Reimbursement $ 0 $ 795,010,866 31,836
3G9 600-657 Special Activities 31,838
Family Assistance $ 0 $ 544,782 31,840
3H7 600-617 Day Care Federal $ 0 $ 137,857,760 31,844
3N0 600-628 IV-E Foster Care 31,846
Maintenance $ 0 $ 196,993,903 31,848
3S5 600-622 Child Support 31,850
Projects $ 0 $ 534,050 31,852
3S9 600-620 TANF Employment and 31,854
Training $ 0 $ 700,000 31,856
316 600-602 State and Local 31,858
Training $ 0 $ 7,336,811 31,860
327 600-606 Child Welfare $ 0 $ 29,481,996 31,864
331 600-601 Federal Operating $ 0 $ 111,819,362 31,868
349 600-614 OSHA Enforcement $ 0 $ 1,326,501 31,872
365 600-602 JOB Training Program $ 0 $ 121,099,383 31,876
689
384 600-610 Food Stamps and State 31,878
Administration $ 0 $ 150,437,578 31,880
385 600-614 Refugee Services $ 0 $ 7,309,725 31,884
395 600-616 Special 31,886
Activities/Child and
Family Services $ 0 $ 4,311,677 31,888
396 600-620 Social Services Block 31,890
Grant $ 0 $ 60,420,498 31,892
397 600-626 Child Support $ 0 $ 226,768,641 31,896
398 600-627 Adoption Maintenance/ 31,898
Administration $ 0 $ 267,459,255 31,901
TOTAL FED Federal Special Revenue 31,902
Fund Group $ 0 $2,638,198,723 31,905
State Special Revenue Fund Group 31,908
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 31,913
4A9 600-607 Unemployment 31,915
Compensation Admin
Fund $ 0 $ 13,962,175 31,917
4E3 600-605 Nursing Home 31,919
Assessments $ 0 $ 95,511 31,921
4E7 600-604 Child and Family 31,923
Services Collections $ 0 $ 142,666 31,925
4F1 600-609 Foundation 31,927
Grants/Child and
Family Services $ 0 $ 1,422,569 31,929
4G1 600-610 Interagency 31,931
Agreements $ 0 $ 605,091 31,933
4J5 600-613 Nursing Facility Bed 31,935
Assessments $ 0 $ 32,334,707 31,937
4J5 600-618 Residential State 31,939
Supplement Payments $ 0 $ 14,285,756 31,941
4K1 600-621 ICF/MR Bed 31,943
Assessments $ 0 $ 21,180,717 31,945
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 31,949
690
4R3 600-609 Banking Fees $ 0 $ 592,937 31,953
4V2 600-612 Child Support 31,955
Activities $ 0 $ 124,993 31,957
5A5 600-616 Unemployment Benefit 31,959
Automation $ 0 $ 6,892,757 31,961
5E4 600-615 Private Child Care 31,963
Agencies Training $ 0 $ 10,568 31,965
557 600-613 Apprenticeship 31,967
Council Conference $ 0 $ 15,000 31,969
6A7 600-656 Ford Foundation $ 0 $ 63,407 31,973
600 600-603 Third-Party 31,975
Recoveries $ 0 $ 10,369,063 31,977
651 600-649 Hospital Care 31,979
Assurance Program
Fund $ 0 $ 217,786,293 31,981
TOTAL SSR State Special Revenue 31,982
Fund Group $ 0 $ 324,122,284 31,985
Agency Fund Group 31,988
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 31,993
192 600-646 Support Intercept - 31,995
Federal $ 0 $ 70,965,066 31,997
583 600-642 Support 31,999
Intercept-State $ 0 $ 17,175,008 32,001
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 32,004
Holding Account Redistribution Fund Group 32,007
R12 600-643 Refunds and Audit 32,010
Settlements $ 0 $ 200,000 32,012
R13 600-644 Forgery Collections $ 0 $ 700,000 32,016
TOTAL 090 Holding Account 32,017
Redistribution
Fund Group $ 0 $ 900,000 32,020
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,342,747,190 32,023
Section 58.01. Family Violence Prevention Programs 32,026
The foregoing appropriation item 600-405, Family Violence 32,028
691
Prevention Programs, may be used to provide grants for county and 32,029
local family violence prevention community education initiatives, 32,030
and to provide funding for domestic violence shelters that the 32,031
Department of Job and Family Services determines are exclusively 32,032
for victims of domestic violence. 32,033
Section 58.02. Health Care/Medicaid 32,035
The foregoing appropriation item 600-525, Health 32,037
Care/Medicaid, shall not be limited by the provisions of section 32,038
131.33 of the Revised Code. 32,039
Section 58.03. Community Based Providers 32,041
From the foregoing appropriation item 600-525, Health 32,043
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 32,044
increase reimbursements in accordance with division (B) of 32,045
section 5111.025 of the Revised Code.
Section 58.04. Disability Assistance 32,047
The following schedule shall be used to determine monthly 32,049
grant levels in the Disability Assistance Program effective July 32,050
1, 1999. 32,051
Persons in 32,053
Assistance Group Monthly Grant 32,054
1 $115 32,057
2 159 32,058
3 193 32,059
4 225 32,060
5 251 32,061
6 281 32,062
7 312 32,063
8 361 32,064
9 394 32,065
10 426 32,066
11 458 32,067
12 490 32,068
13 522 32,069
14 554 32,070
692
For each additional person add 40 32,073
TANF Federal Funds 32,076
Upon the request of the Department of Job and Family 32,078
Services, the Controlling Board may increase appropriations in 32,079
item 600-411, TANF Federal Block Grant, provided sufficient 32,080
Federal TANF block grant funds exist to do so, without any 32,081
corresponding decrease in other line items. The department shall 32,082
first provide the Office of Budget and Management with 32,083
documentation to support the need for the increased
appropriation.
TANF Funds Transfer to Title XX 32,085
From the foregoing appropriation item 600-411, TANF Federal 32,087
Block Grant, no later than July 15, 2000, the Director of Budget 32,088
and Management shall transfer $2,271,424 cash to Fund 396, 32,089
appropriation item 600-620, Social Services Block Grant, within 32,090
the Department of Alcohol and Drug Addiction Services for use in
fiscal year 2001. The transferred moneys are hereby 32,091
appropriated.
From the amount transferred in fiscal year 2001 to 32,093
appropriation item 600-620, Social Services Block Grant, no later 32,094
than August 1, 2000, the Director of Budget and Management shall 32,095
transfer $2,271,424 cash to Fund 3T0, appropriation item 038-612, 32,097
Social Services Block Grant Transfer, for use in fiscal year
2001. The transferred moneys are hereby appropriated. 32,098
TANF County Incentives 32,100
Of the foregoing appropriation item 600-411, TANF Federal 32,102
Block Grant, the Department of Job and Family Services may 32,103
provide financial incentives to those county departments of human 32,105
services that have exceeded performance standards adopted by the 32,106
state department, and where the board of county commissioners has 32,107
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 32,108
of the county department. Any financial incentive funds provided 32,109
pursuant to this division shall be used by the county department 32,110
693
for additional or enhanced services for families eligible for 32,111
assistance under Chapter 5107. or 5108. of the Revised Code or, 32,112
upon request by the county and approval by the Department of Job 32,113
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 32,114
of human services may retain and expend such funds without regard 32,116
to the state or county fiscal year in which the financial 32,117
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 32,118
Job and Family Services providing detailed information on the 32,119
expenditure of these financial incentives and an evaluation of 32,121
the effectiveness of the county department's use of these funds 32,122
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 32,123
Hamilton Health Care Center 32,125
From the foregoing appropriation item 600-410, TANF State, 32,127
not later than August 1, 2000, the Director of Budget and 32,128
Management shall transfer $100,000 in appropriation authority to 32,129
appropriation item 440-413, Ohio Health Care Policy and Data, in 32,130
the Department of Health. The transferred appropriation
authority shall be used to provide health care services for 32,131
children or their families who reside in Hamilton County whose 32,132
income is less than 200 per cent of the official poverty line, as 32,133
defined by the federal Office of Management and Budget. 32,134
Individual Development Accounts 32,136
From the foregoing appropriation item 600-410, TANF State, 32,138
or 600-411, TANF Federal Block Grant, or both, up to $1,000,000 32,139
in fiscal year 2001 shall be used to allow county departments of 32,140
human services to make matching contributions to Individual 32,141
Development Accounts that have been established by residents of 32,142
the county.
Human Services Personal Care Assistance 32,144
Not later than August 1, 2000, the Director of Budget and 32,146
Management shall transfer $240,000 cash from appropriation item 32,147
694
600-410, TANF State, or 600-411, TANF Federal Block Grant, or 32,148
both, to Fund 3T6, appropriation item 415-621, Human Services 32,149
Personal Care Assistance, in the Rehabilitation Services 32,150
Commission. The cash transferred shall be used to fund two pilot
projects, one in Franklin County and one in Cuyahoga County, to 32,151
place 25 TANF-eligible persons into jobs as personal care 32,152
assistants.
TANF Family Planning 32,154
The Director of Budget and Management shall transfer, no 32,156
later than July 15, 2000, $250,000 in fiscal year 2001 from 32,157
appropriation item 600-410, TANF State, or 600-411, TANF Federal 32,158
Block Grant, or both, to 440-416, Child and Family Health 32,159
Services to be used for family planning services.
Funding for Emergency Food Distribution Programs 32,161
Of the foregoing appropriation items 600-410, TANF State, 32,163
or 600-411, TANF Federal Block Grant, or both, $1,500,000 in 32,164
fiscal year 2001 shall be used by the Department of Job and 32,165
Family Services to purchase commodities and distribute those 32,166
commodities to supplement the emergency food distribution
programs. Agencies receiving commodities under this program 32,168
shall provide reports in accordance with rules developed by the 32,169
Department of Job and Family Services.
TANF Fatherhood Programs 32,171
From the foregoing appropriation item 600-411, TANF Federal 32,173
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 32,174
to support local fatherhood programs. 32,175
TANF Adult Literacy and Child Reading Programs 32,177
From the foregoing appropriation item 600-411, TANF Federal 32,179
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 32,180
to support local adult literacy and child reading programs. 32,181
Single Allocation for County Departments of Human Services 32,183
Using the foregoing appropriation items 600-504, Non-TANF 32,185
County Administration; 600-610, Food Stamps and State 32,186
Administration; 600-410, TANF State; 600-411, TANF Federal Block 32,188
695
Grant; 600-620, Social Services Block Grant; 600-552, County 32,189
Social Services; 600-413, Day Care Match/Maintenance of Effort; 32,190
600-617, Day Care Federal; 600-534, Adult Protective Services; 32,191
and 600-614, Refugees Services, the Department of Job and Family 32,192
Services may establish a single allocation for county departments 32,193
of human services that are subject to a partnership agreement 32,194
between a board of county commissioners and the department. The 32,195
county department is not required to use all the money from one 32,196
or more of the foregoing appropriation items listed in this 32,197
paragraph for the purpose the specific appropriation item is made 32,198
so long as the county department uses the money for a purpose at 32,199
least one of the other of those foregoing appropriation items is 32,200
made. The county department may not use the money in the 32,201
allocation for a purpose other than a purpose any of those 32,202
foregoing appropriation items are made. If the spending 32,203
estimates used in establishing the single allocation are not 32,204
realized and the county department uses money in one or more of 32,205
those foregoing appropriation items in a manner for which federal 32,206
financial participation is not available, the department shall 32,207
use state funds available in one or more of those foregoing 32,208
appropriation items to ensure that the county department receives 32,209
the full amount of its allocation. The single allocation is the 32,210
maximum amount the county department shall receive from those 32,211
foregoing appropriation items. 32,212
Reports on Interagency Transfers 32,214
With regard to the foregoing appropriation item 600-655, 32,216
Interagency Reimbursement, the Department of Job and Family 32,217
Services shall provide the Legislative Budget Office of the 32,218
Legislative Service Commission with a report each month that 32,220
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 32,221
appropriation item to which transfers are made. Transfers shall 32,222
further be broken down by source of federal funds, including 32,223
federal program number (as shown in the Catalog of Federal 32,224
696
Domestic Assistance), grant number, and department reporting 32,225
category number. In addition, transfers of Medicaid dollars 32,226
shall be grouped between reimbursement for services and 32,227
administrative costs. Reports shall be provided to the 32,228
Legislative Budget Office of the Legislative Service Commission 32,229
within two weeks after the end of the month.
Section 58.05. Hospital Care Assurance Assessment Match 32,231
Fund
Appropriation item 600-650, Hospital Care Assurance 32,233
Assessment Match, shall be used by the Department of Job and 32,234
Family Services to receive and distribute funds in connection 32,235
with the Hospital Care Assurance Program. 32,236
Section 58.06. Transfer of Funds 32,238
The Ohio Department of Job and Family Services shall 32,240
transfer through intrastate transfer vouchers, cash from State 32,241
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 32,243
Home and Community-Based Services, in the Ohio Department of 32,244
Mental Retardation and Developmental Disabilities. The sum of 32,245
the transfers shall be equal to the amounts appropriated in 32,246
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 32,247
The transfer may occur on a quarterly basis or on a schedule 32,248
developed and agreed to by both departments. 32,249
The Ohio Department of Job and Family Services shall 32,251
transfer, through intrastate transfer vouchers, cash from the 32,252
State Special Revenue Fund 4J5, Home and Community-Based Services 32,253
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 32,254
Aging. The sum of the transfers shall be equal to the amount 32,255
appropriated in fiscal year 2001 in appropriation item 490-610, 32,256
PASSPORT/Residential State Supplement. The transfer may occur on 32,257
a quarterly basis or on a schedule developed and agreed to by 32,258
both departments.
Transfers of IMD/DSH Cash 32,260
The Department of Job and Family Services shall transfer, 32,262
through intrastate transfer voucher, cash from fund 5C9, Medicaid 32,264
697
Program Support, to the Department of Mental Health's Fund 4X5, 32,265
OhioCare, in accordance with an interagency agreement which 32,266
delegates authority from the Department of Job and Family 32,267
Services to the Department of Mental Health to administer
specified Medicaid services. 32,268
The Director of Budget and Management shall transfer cash 32,270
from the Department of Job and Family Services, fund 5C9, 32,271
Medicaid Program Support, in the amount of $2,000,000 in fiscal 32,272
year 2001 to the Department of Health's Health Services Fund, 32,273
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 32,275
Block Grant Fund
The Director of Budget and Management shall transfer 32,277
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 32,279
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 32,280
Job and Family Services' budget.
Foster Care Liability Coverage 32,282
On behalf of public children services agencies and in 32,284
consultation with the Department of Insurance and the Office of 32,285
State Purchasing, the Department of Job and Family Services may 32,286
seek and accept proposals for a uniform and statewide insurance 32,287
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 32,289
child. Premiums for such a policy shall be the sole 32,290
responsibility of each public children services agency that 32,291
agrees to purchase the insurance policy.
Protective Services Incentive Funding 32,293
Notwithstanding the formula in section 5101.14 of the 32,295
Revised Code, from the foregoing appropriation item 600-527, 32,296
Child Protective Services, the Department of Job and Family 32,297
Services may use no more than $6.5 million in fiscal year 2001 as 32,298
incentive funding for public children services agencies to 32,299
promote innovative practice standards and efficiencies in service 32,300
delivery. The department shall develop a process for the release 32,301
698
of these funds and may adopt rules in accordance with section 32,302
111.15 of the Revised Code governing the distribution, release, 32,303
and use of these funds.
Day Care/Head Start Collaborations 32,305
The Department of Job and Family Services and the county 32,307
departments of human services shall work to develop collaborative 32,308
efforts between Head Start and child care providers. The 32,309
Department of Job and Family Services may use the foregoing 32,310
appropriation items 600-413, Day Care Match/Maintenance of 32,311
Effort, and 600-617, Day Care Federal, to support collaborative 32,312
efforts between Head Start and child day-care centers. 32,313
Adoption Assistance 32,315
Of the foregoing appropriation item 600-528, State Adoption 32,318
Services, not more than $3,700,000 in fiscal year 2001 shall be
used in support of post finalization adoption services offered 32,319
pursuant to section 5153.163 of the Revised Code. The Department 32,321
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 32,322
levels and limit eligibility for post finalization adoption 32,323
services as necessary to limit program expenditures to the 32,324
amounts set forth in this section, based on factors including, 32,325
but not limited to, any or all of the following: type, or 32,326
extent, of the adopted child's disability or special need; and 32,327
resources available to the adoptive family to meet the child's 32,329
service needs.
Child Support Collections/TANF MOE 32,331
The foregoing appropriation item 600-658, Child Support 32,333
Collections, shall be used by the Department of Job and Family 32,334
Services to meet the TANF maintenance of effort requirements of 32,335
Pub. L. No. 104-193. After the state has met the maintenance of 32,337
effort requirement, the Department of Job and Family Services may 32,338
use funds from appropriation item 600-658 to support public
assistance activities. 32,339
Private Child Care Agencies Training 32,341
699
The foregoing appropriation item 600-615, Private Child 32,343
Care Agencies Training, shall be used by the Department of Job 32,344
and Family Services to provide the state match for federal Title 32,345
IV-E training dollars for private child placing agencies and 32,346
private noncustodial agencies. Revenues shall consist of moneys 32,347
derived from fees established under section 5101.143 of the 32,349
Revised Code and paid by private child placing agencies and 32,350
private noncustodial agencies.
Transfer for Lead Assessments 32,352
Of the foregoing appropriation item 600-525, Health 32,354
Care/Medicaid, the Department of Job and Family Services may 32,355
transfer funds from the General Revenue Fund to the General 32,356
Operations Fund (Fund 142) of the Department of Health. Transfer 32,357
of the funds shall be made through intrastate transfer voucher 32,358
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 32,359
Medicaid Healthcheck recipients. 32,360
Medicaid Program Support Fund - State 32,362
The foregoing appropriation item 600-671, Medicaid Program 32,364
Support, shall be used by the Department of Job and Family 32,365
Services to pay for Medicaid services and contracts. 32,366
Holding Account Redistribution Group 32,368
The foregoing appropriation items 600-643 and 600-644, 32,370
Holding Account Redistribution Fund Group, shall be used to hold 32,371
revenues until they are directed to the appropriate accounts or 32,372
until they are refunded. If it is determined that additional 32,373
appropriation authority is necessary, such amounts are hereby 32,374
appropriated.
Agency Fund Group 32,376
The Agency Fund Group shall be used to hold revenues until 32,379
the appropriate fund is determined or until they are directed to 32,380
the appropriate governmental agency other than the Department of 32,381
Job and Family Services. If it is determined that additional 32,383
appropriation authority is necessary, such amounts are hereby
700
appropriated. 32,384
Section 58.07. Adoptive Placement Payments 32,386
The foregoing appropriation item 600-427, Child & Family 32,388
Services Activities, may be used to make payments pursuant to 32,389
agreements entered into under section 5103.12 of the Revised 32,390
Code. 32,391
Consolidation of State Grants 32,393
With the consent of a county, the Department of Job and 32,395
Family Services may combine into a single and consolidated grant 32,396
of state aid, funds that would otherwise be provided to that 32,397
county pursuant to the operation of section 5101.14 of the 32,398
Revised Code and other funds that would otherwise be provided to 32,399
that county for the purpose of providing kinship care. In fiscal 32,400
year 2001, the grant shall also include unspent funds remaining 32,401
from any grant provided to the county under this section in 32,402
fiscal year 2000.
Funds contained in any such consolidation grant shall not 32,404
be subject to either statutory or administrative rules which 32,405
would otherwise govern allowable uses from such funds, except 32,406
that such funds shall continue to be used by the county to meet 32,407
the expenses of its children services program. Funds contained 32,408
in any consolidation grant shall be paid to each county within 32,409
thirty days after the beginning of each calendar quarter. Funds 32,410
provided to a county under this section shall be deposited in the 32,412
children services fund, established in section 5101.143 of the 32,413
Revised Code, and shall be used for no other purpose than to meet 32,414
the expenses of the children services program. Within ninety 32,415
days after the end of fiscal year 2001, each county shall return 32,416
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 32,417
subsequent period of time. 32,418
Section 58.08. Administration Support Services 32,420
The Department of Job and Family Services may assess 32,422
programs of the department for the cost of administration, 32,423
701
support, and technical services. Such an assessment shall be 32,424
based upon a plan submitted to and approved by the Office of 32,425
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 32,426
and uniform application. A program's payments shall be 32,427
transferred via intrastate transfer voucher to the Unemployment 32,428
Compensation Administration Fund (Fund 331). 32,429
Employer Surcharge 32,431
The surcharge and the interest on the surcharge amounts due 32,433
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 32,434
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 32,435
General Assembly shall be assessed, collected, accounted for, and 32,436
made available to the Department of Job and Family Services in 32,437
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 32,438
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 32,440
General Revenue Fund 32,442
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 32,447
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 32,450
General Services Fund Group 32,453
403 018-601 Ohio Jury 32,456
Instructions $ 180,000 $ 180,000 32,458
TOTAL GSF General Services 32,459
Fund Group $ 180,000 $ 180,000 32,462
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 32,465
Ohio Jury Instructions Fund 32,468
The Ohio Jury Instructions Fund (Fund 403) shall consist of 32,470
grants, royalties, dues, conference fees, bequests, devises, and 32,471
other gifts received for the purpose of supporting costs incurred 32,472
by the Judicial Conference of Ohio in dispensing education and 32,473
informational data to the state's judicial system. Fund 403 32,475
shall be used by the Judicial Conference of Ohio to pay expenses 32,476
incurred in dispensing educational and informational data to the 32,477
state's judicial system. All moneys accruing to Fund 403 in 32,478
702
excess of $180,000 in fiscal year 2000 and in excess of $180,000 32,479
in fiscal year 2001 are hereby appropriated for the purposes 32,480
authorized.
No money in the Ohio Jury Instructions Fund shall be 32,482
transferred to any other fund by the Director of Budget and 32,483
Management or the Controlling Board. 32,484
Section 60. JSC THE JUDICIARY/SUPREME COURT 32,486
General Revenue Fund 32,488
GRF 005-321 Operating Expenses - 32,490
Judiciary $ 84,146,536 $ 85,597,403 32,492
GRF 005-401 State Criminal 32,494
Sentencing Council $ 363,182 $ 363,568 32,496
GRF 010-321 Operating Expenses - 32,498
Supreme Court $ 9,342,738 $ 9,377,229 32,500
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 32,504
TOTAL GRF General Revenue Fund $ 94,049,619 $ 95,541,277 32,507
General Services Fund Group 32,509
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 32,514
672 005-601 Continuing Judicial 32,516
Education $ 231,750 $ 238,703 32,518
TOTAL GSF General Services 32,519
Fund Group $ 267,800 $ 275,835 32,522
State Special Revenue Fund Group 32,525
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 32,530
6A8 010-602 Supreme Court 32,532
Admissions $ 812,601 $ 821,061 32,534
643 010-601 Commission on 32,536
Continuing Legal
Education $ 250,000 $ 239,999 32,538
TOTAL SSR State Special Revenue 32,539
Fund Group $ 2,807,956 $ 2,796,484 32,542
Federal Special Revenue Fund Group 32,544
3J0 005-603 Federal Grants $ 781,468 $ 816,405 32,549
TOTAL FED Federal Special 32,550
703
Revenue Fund Group $ 781,468 $ 816,405 32,553
TOTAL ALL BUDGET FUND GROUPS $ 97,906,843 $ 99,430,001 32,559
Law-Related Education 32,562
The foregoing appropriation item 010-401, Law-Related 32,564
Education, shall be distributed directly to the Ohio Center for 32,565
Law-Related Education for the purposes of providing continuing 32,566
citizenship education activities to primary and secondary 32,567
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 32,568
private money for new programs. 32,570
Dispute Resolution 32,572
The Dispute Resolution Fund (Fund 6A2) shall consist of 32,574
grants and other moneys awarded to promote alternative dispute 32,575
resolution in the Ohio courts and deposited into the Dispute 32,576
Resolution Fund pursuant to the Rules for the Government of the 32,577
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 32,578
Resolution, shall promote alternative dispute resolution programs 32,579
in the Ohio courts and be used for the education of judges, 32,580
attorneys, and other court personnel in dispute resolution 32,581
concepts. If it is determined by the Administrative Director of 32,582
the Supreme Court that additional appropriations are necessary, 32,583
the amounts are hereby appropriated. 32,584
No money in the Dispute Resolution Fund shall be 32,586
transferred to any other fund by the Director of Budget and 32,587
Management or the Controlling Board. Interest earned on moneys 32,588
in the Dispute Resolution Fund shall be credited to the fund. 32,589
Continuing Judicial Education 32,591
The Continuing Judicial Education Fund (Fund 672) shall 32,593
consist of fees paid by judges and court personnel for attending 32,595
continuing education courses and other gifts and grants received 32,597
for the purpose of continuing judicial education. The foregoing 32,598
appropriation item 005-601, Continuing Judicial Education, shall 32,599
be used to pay expenses for continuing education courses for 32,600
judges and court personnel. If it is determined by the
704
Administrative Director of the Supreme Court that additional 32,601
appropriations are necessary, the amounts are hereby 32,602
appropriated.
No money in the Continuing Judicial Education Fund shall be 32,604
transferred to any other fund by the Director of Budget and 32,605
Management or the Controlling Board. Interest earned on moneys 32,606
in the Continuing Judicial Education Fund shall be credited to 32,607
the fund. 32,608
Attorney Registration 32,610
In addition to funding other activities considered 32,612
appropriate by the Supreme Court, the foregoing appropriation 32,613
item 010-603, Attorney Registration, may be used to compensate 32,614
employees and fund the appropriate activities of the following 32,615
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 32,616
Disciplinary Counsel, the Board of Commissioners on Grievances 32,617
and Discipline, the Clients' Security Fund, the Board of 32,618
Commissioners on the Unauthorized Practice of Law, and the Office 32,619
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 32,620
appropriations are necessary, the amounts are hereby 32,621
appropriated.
No moneys in the Attorney Registration Fund shall be 32,623
transferred to any other fund by the Director of Budget and 32,624
Management or the Controlling Board. Interest earned on moneys 32,625
in the Attorney Registration Fund shall be credited to the fund. 32,626
Supreme Court Admissions 32,628
The foregoing appropriation item 010-602, Supreme Court 32,630
Admissions, shall be used to compensate Supreme Court employees 32,631
who are primarily responsible for administering the attorney 32,632
admissions program, pursuant to the Rules for the Government of 32,633
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 32,634
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 32,635
705
Court Rules for the Government of the Bar of Ohio. If it is 32,636
determined by the Administrative Director of the Supreme Court 32,637
that additional appropriations are necessary, the amounts are 32,638
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 32,640
transferred to any other fund by the Director of Budget and 32,641
Management or the Controlling Board. Interest earned on moneys 32,642
in the Supreme Court Admissions Fund shall be credited to the 32,643
fund.
Continuing Legal Education 32,645
The foregoing appropriation item 010-601, Commission on 32,647
Continuing Legal Education, shall be used to compensate employees 32,648
of the Commission on Continuing Legal Education, established 32,649
pursuant to the Supreme Court Rules for the Government of the Bar 32,650
of Ohio, and to fund other activities of the commission 32,651
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 32,652
appropriations are necessary, the amounts are hereby 32,653
appropriated.
No moneys in the Continuing Legal Education Fund shall be 32,655
transferred to any other fund by the Director of Budget and 32,656
Management or the Controlling Board. Interest earned on moneys 32,657
in the Continuing Legal Education Fund shall be credited to the 32,658
fund.
Federal Miscellaneous 32,660
The Federal Miscellaneous Fund (3J0) shall consist of 32,662
grants and other moneys awarded to the Supreme Court of Ohio (The 32,663
Judiciary) by the United States Government, the State Justice 32,664
Institute, or other entities that receive the moneys directly 32,665
from the United States Government or the State Justice Institute 32,666
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 32,667
Grants, shall be used in a manner consistent with the purpose of 32,668
the grant or award. If it is determined by the Administrative 32,669
706
Director of the Supreme Court that additional appropriations are 32,670
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 32,672
transferred to any other fund by the Director of Budget and 32,673
Management or the Controlling Board. However, interest earned on 32,674
moneys in the Federal Miscellaneous Fund on or after July 1, 32,675
1995, shall be credited or transferred to the General Revenue
Fund. 32,676
Section 61. LEC LAKE ERIE COMMISSION 32,678
State Special Revenue Fund Group 32,680
4C0 780-601 Lake Erie Protection 32,683
Fund $ 998,400 $ 1,022,362 32,685
5D8 780-602 Lake Erie Resources 32,687
Fund $ 588,759 $ 602,889 32,689
TOTAL SSR State Special Revenue 32,690
Fund Group $ 1,587,159 $ 1,625,251 32,693
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 32,696
Section 62. LRS LEGAL RIGHTS SERVICE 32,699
General Revenue Fund 32,701
GRF 054-100 Personal Services $ 331,826 $ 327,673 32,706
GRF 054-200 Maintenance $ 48,998 $ 50,174 32,710
GRF 054-300 Equipment $ 2,680 $ 2,744 32,714
GRF 054-401 Ombudsman $ 382,659 $ 379,363 32,718
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 32,721
General Services Fund Group 32,724
416 054-601 Gifts and Donations $ 1,256 $ 1,291 32,729
TOTAL GSF General Services 32,730
Fund Group $ 1,256 $ 1,291 32,733
Federal Special Revenue Fund Group 32,736
3B8 054-603 Protection and 32,739
Advocacy - Mentally
Ill $ 706,422 $ 706,422 32,741
3N3 054-606 Protection and 32,743
Advocacy - Individual
707
Rights $ 334,739 $ 334,739 32,745
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 32,749
3R9 054-604 Family Support 32,751
Collaborative $ 200,000 $ 200,000 32,753
3T2 054-609 Client Assistance 32,755
Program $ 380,000 $ 380,000 32,757
305 054-602 Protection and 32,759
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 32,761
TOTAL FED Federal Special Revenue 32,762
Fund Group $ 2,763,642 $ 2,763,642 32,765
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 32,768
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 32,771
General Revenue Fund 32,773
GRF 028-321 Legislative Ethics 32,776
Committee $ 551,500 $ 569,400 32,778
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 32,781
State Special Revenue Fund Group 32,784
4G7 028-601 Joint Legislative 32,787
Ethics Commitee $ 60,000 $ 50,000 32,789
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 32,792
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 32,795
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 32,798
General Revenue Fund 32,800
GRF 035-321 Operating Expenses $ 8,016,725 $ 8,500,000 32,805
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 32,809
GRF 035-403 Legislative Budget 32,811
Office $ 2,672,000 $ 2,752,000 32,813
GRF 035-404 Legislative Office of 32,815
Education Oversight $ 1,001,995 $ 1,022,423 32,817
GRF 035-405 Correctional 32,819
Institution
708
Inspection Committee $ 470,000 $ 495,000 32,821
GRF 035-406 ATMS Replacement 32,823
Project $ 90,000 $ 90,000 32,825
GRF 035-407 Legislative Task 32,827
Force on
Redistricting $ 2,000,000 $ 2,000,000 32,829
GRF 035-409 National Associations $ 392,674 $ 405,717 32,833
GRF 035-410 Legislative 32,835
Information Systems $ 5,260,000 $ 4,265,000 32,837
TOTAL GRF General Revenue Fund $ 20,743,394 $ 20,420,140 32,840
General Services Fund Group 32,843
4F6 035-603 Legislative Budget 32,846
Services $ 140,000 $ 144,000 32,848
410 035-601 Sale of Publications $ 25,000 $ 25,000 32,852
TOTAL GSF General Services 32,853
Fund Group $ 165,000 $ 169,000 32,856
TOTAL ALL BUDGET FUND GROUPS $ 20,908,394 $ 20,589,140 32,859
ATMS Replacement Project 32,862
Of the foregoing appropriation item 035-406, ATMS 32,864
Replacement Project, any amounts not used for the ATMS project 32,865
may be used to pay the operating expenses of the Legislative 32,866
Service Commission. 32,867
National Associations 32,869
Of the foregoing appropriation item 035-409, National 32,871
Associations, $8,000 in each fiscal year shall be used for the 32,873
State and Local Legal Center.
Legislative Office of Education Oversight 32,875
The foregoing appropriation item 035-404, Legislative 32,877
Office of Education Oversight, shall be used to support the 32,878
legislative oversight activities of the Legislative Committee on 32,879
Education Oversight established in section 3301.68 of the Revised 32,880
Code. 32,881
Section 103.141 Report 32,883
Notwithstanding section 103.141 of the Revised Code, the 32,886
709
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 32,887
years 1996 and 1997 in October 2000. 32,888
LBO Child Care Study 32,890
The Legislative Budget Office of the Legislative Service 32,892
Commission (LBO) shall undertake a study of publicly funded child 32,893
care payment procedures and make recommendations regarding the 32,894
feasibility and the potential for development of a cost-based 32,895
prospective payment system. Any prospective payment system 32,896
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 32,897
LBO shall report its findings to the Speaker of the House of 32,898
Representatives, President of the Senate, and the Governor no 32,899
later than July 1, 2000.
Section 65. LIB STATE LIBRARY BOARD 32,901
General Revenue Fund 32,903
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 32,908
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 32,912
GRF 350-300 Equipment $ 1,966,322 $ 579,914 32,916
GRF 350-400 Ohio Public Library 32,918
Information Network $ 5,646,486 $ 5,782,002 32,920
GRF 350-501 Cincinnati Public 32,922
Library $ 751,887 $ 769,932 32,924
GRF 350-502 Regional Library 32,926
Systems $ 1,871,151 $ 1,926,769 32,928
GRF 350-503 Cleveland Public 32,930
Library $ 1,140,923 $ 1,164,705 32,931
GRF 350-505 Netwellness $ 750,000 $ 750,000 32,935
TOTAL GRF General Revenue Fund $ 19,543,950 $ 17,972,528 32,938
General Services Fund Group 32,941
139 350-602 Intra-Agency Service 32,944
Charges $ 28,123 $ 28,911 32,946
459 350-602 Interlibrary Service 32,948
Charges $ 774,564 $ 781,280 32,950
710
TOTAL GSF General Services 32,951
Fund Group $ 802,687 $ 810,191 32,954
Federal Special Revenue Fund Group 32,957
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 32,962
TOTAL FED Federal Special Revenue 32,963
Fund Group $ 5,163,542 $ 5,163,542 32,966
TOTAL ALL BUDGET FUND GROUPS $ 25,510,179 $ 23,946,261 32,969
Maintenance 32,972
Of the foregoing appropriation item, 350-200, Maintenance, 32,974
$400,000 in fiscal year 2000 shall be used to fund the relocation 32,975
of the State Library from the State Departments Building. 32,976
Equipment 32,978
Of the foregoing appropriation item, 350-300, Equipment, 32,980
$1,400,000 in fiscal year 2000 shall be used to fund the 32,981
relocation of the State Library from the State Departments 32,982
Building.
Ohio Public Library Information Network 32,984
The foregoing appropriation item 350-400, Ohio Public 32,986
Library Information Network, shall be used for an information 32,987
telecommunications network linking public libraries in the state 32,988
and such others as may be certified as participants by the Ohio 32,989
Public Library Information Network Board. 32,990
The Ohio Public Library Information Network Board shall 32,994
consist of eleven members appointed by the State Library Board 32,995
from among the staff of public libraries and past and present 32,996
members of boards of trustees of public libraries, based on the 32,997
recommendations of the Ohio library community. The Ohio Public 32,998
Library Information Network Board in consultation with the State 32,999
Library shall develop a plan of operations for the network. The 33,000
Board shall have the authority to make decisions regarding the 33,001
use of the foregoing appropriation item 350-400, Ohio Public 33,002
Library Information Network, and to receive and expend grants to 33,003
carry out the operations of the network in accordance with state 33,004
law and the authority to appoint and fix the compensation of a 33,006
711
director and necessary staff. The State Library will be the 33,007
fiscal agent for the network and shall have fiscal accountability 33,008
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 33,009
travel and necessary expenses incurred in the carrying out of 33,010
their responsibilities.
In order to limit access to obscene and illegal materials 33,012
through internet use at Ohio Public Library Information Network 33,013
(OPLIN) terminals, local libraries with OPLIN computer terminals 33,014
shall adopt policies that control access to obscene and illegal 33,015
materials. These policies may include use of technological 33,017
systems to select or block certain internet access. The OPLIN 33,018
shall condition provision of its funds, goods, and services on 33,019
compliance with these policies. The OPLIN board shall also adopt 33,020
and communicate specific recommendations to local libraries on 33,021
methods to control such improper usage. These methods may 33,022
include each library implementing a written policy controlling 33,024
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 33,025
internet usage.
The OPLIN board shall research and assist or advise local 33,027
libraries with emerging technologies and methods that may be 33,028
effective means to control access to obscene and illegal 33,030
materials. On October 1, 1999, and biannually thereafter, the 33,031
OPLIN Executive Director shall provide written reports to the 33,032
Governor, the Speaker of the House of Representatives, and the 33,033
President of the Senate on any steps being taken by OPLIN and 33,034
public libraries in this state to limit and control such improper
usage as well as information on technological, legal, and law 33,036
enforcement trends nationally and internationally affecting this 33,037
area of public access and service. 33,038
The Ohio Public Library Information Network, InfOhio, and 33,040
OhioLink shall, to the extent feasible, coordinate and cooperate 33,041
in their purchase or other acquisition of the use of electronic 33,042
712
databases for their respective users and shall contribute funds 33,043
in an equitable manner to such effort.
Regional Library Systems 33,045
Of the foregoing appropriation item 350-502, Regional 33,047
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 33,048
fiscal year 2001 shall be used to replace federal dollars that 33,049
will be eliminated due to the expiration of the Library Services 33,050
and Construction Act (LSCA).
Netwellness 33,052
The foregoing appropriation item 350-505, Netwellness, 33,054
shall be used to fund the Netwellness program, a joint venture of 33,055
the University of Cincinnati, Case Western Reserve University, 33,056
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 33,058
Liquor Control Fund Group 33,060
043 970-321 Operating Expenses $ 656,322 $ 671,416 33,065
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 33,068
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 33,071
Section 67. MED STATE MEDICAL BOARD 33,074
General Services Fund Group 33,076
5C6 883-609 State Medical Board 33,079
Operating $ 5,891,825 $ 5,861,245 33,081
TOTAL GSF General Services 33,082
Fund Group $ 5,891,825 $ 5,861,245 33,085
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 33,088
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 33,091
Division of General Administration Intragovernmental Service Fund 33,093
Group 33,094
151 235-601 General 33,097
Administration $ 72,523,765 $ 74,161,226 33,099
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 33,102
Service Fund Group
Division of Mental Health-- 33,104
713
Psychiatric Services to Correctional Facilities 33,105
General Revenue Fund 33,107
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 33,112
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 33,115
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 33,118
Forensic Services 33,121
The foregoing appropriation item 322-401, Forensic 33,123
Services, shall be used to provide psychiatric services to courts 33,125
of common pleas. The appropriation shall be allocated through 33,126
community mental health boards to certified community agencies 33,127
and shall be distributed according to the criteria delineated in 33,128
Rule 5122:4-1-01 of the Administrative Code. These community 33,129
forensic funds may also be used to provide forensic training to 33,130
community mental health boards and to forensic psychiatry 33,131
residency programs in hospitals operated by the Department of 33,132
Mental Health and to provide evaluations of patients of forensic 33,133
status in facilities operated by the Department of Mental Health 33,134
prior to conditional release to the community. 33,135
In addition, appropriation item 332-401 may be used to 33,137
support projects involving mental health, substance abuse, 33,138
courts, and law enforcement to identify and develop appropriate 33,139
alternative services to institutionalization for non-violent 33,140
mentally ill offenders, and to provide linkage to community 33,141
services for severely mentally disabled offenders released from 33,143
institutions operated by the Department of Rehabilitation and 33,146
Correction. Funds may also be utilized to provide forensic 33,147
monitoring and tracking in addition to community programs serving 33,149
persons of forensic status on conditional release or probation. 33,150
Diversion Linkage Projects 33,152
Any cash transferred from the Department of Rehabilitation 33,154
and Correction Community Mental Health and Substance Abuse 33,155
Treatment Fund (Fund 4J3) and from the Department of Youth 33,156
Services Community Mental Health and Substance Abuse Treatment 33,157
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
714
shall be used by the Department of Mental Health to fund existing 33,158
county Diversion Linkage projects which provide alternative 33,159
services to institutionalization for non-violent mentally ill 33,160
offenders. The amount of the transfer is hereby appropriated. 33,161
Division of Mental Health-- 33,162
Administration and Statewide Programs 33,163
General Revenue Fund 33,165
GRF 333-100 Personal Services - 33,168
Central
Administration $ 18,585,795 $ 17,027,859 33,170
GRF 333-200 Maintenance - Central 33,172
Administration $ 2,378,563 $ 2,348,974 33,174
GRF 333-300 Equipment - Central 33,176
Administration $ 1,004,165 $ 506,598 33,178
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 33,182
GRF 333-403 Pre-Admission 33,184
Screening Expenses $ 645,750 $ 658,665 33,186
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 33,190
GRF 333-416 Research Program 33,192
Evaluation $ 958,606 $ 984,933 33,194
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 33,197
General Services Fund Group 33,200
149 333-609 Central Office Rotary 33,203
- Operating $ 1,122,727 $ 1,135,684 33,205
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 33,208
Federal Special Revenue Fund Group 33,211
3A7 333-612 Social Services Block 33,214
Grant $ 25,000 $ 25,000 33,216
3A8 333-613 Federal Grant - 33,218
Administration $ 24,880 $ 24,880 33,220
3A9 333-614 Mental Health Block 33,222
Grant $ 644,212 $ 644,212 33,224
3B1 333-635 Community Medicaid 33,226
Expansion $ 4,465,264 $ 4,465,264 33,228
715
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 33,232
TOTAL Federal Special Revenue 33,233
Fund Group $ 5,309,356 $ 5,309,356 33,236
State Special Revenue Fund Group 33,239
4X5 333-607 Behavioral Health 33,242
Medicaid Services $ 3,200,000 $ 2,775,000 33,244
485 333-632 Mental Health 33,246
Operating $ 124,284 $ 127,764 33,248
TOTAL State Special Revenue 33,249
Fund Group $ 3,324,284 $ 2,902,764 33,252
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 33,255
Residency Traineeship Programs 33,258
The foregoing appropriation item 333-402, Resident 33,260
Trainees, shall be used to fund training agreements entered into 33,261
by the Department of Mental Health for the development of 33,262
curricula and the provision of training programs to support 33,263
public mental health services. The appropriation line item may 33,264
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 33,265
between the public mental health system and college and 33,266
university traineeship programs established pursuant to section 33,267
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 33,269
The foregoing appropriation item 333-403, Pre-Admission 33,271
Screening Expenses, shall be used to pay for costs to ensure that 33,273
uniform statewide methods for pre-admission screening are in 33,274
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 33,275
another inpatient facility is sought. Pre-admission screening 33,277
includes the following activities: pre-admission assessment, 33,278
consideration of continued stay requests, discharge planning and 33,279
referral, and adjudication of appeals and grievance procedures. 33,280
Rental Payments to the Ohio Public Facilities Commission 33,282
The foregoing appropriation item 333-415, Rental Payments 33,284
716
OPFC, shall be used to meet all payments at the times they are 33,286
required to be made during the period from July 1, 1999, to June 33,287
30, 2001, by the Department of Mental Health to the Ohio Public 33,288
Facilities Commission pursuant to leases and agreements made 33,289
under section 154.20 of the Revised Code, but limited to the 33,290
aggregate amount of $58,600,000. Nothing in this act shall be 33,291
deemed to contravene the obligation of the state to pay, without 33,292
necessity for further appropriation, from the sources pledged 33,293
thereto, the bond service charges on obligations issued pursuant 33,294
to section 154.20 of the Revised Code. 33,295
Section 68.01. Division of Mental Health--Hospitals 33,297
General Revenue Fund 33,299
GRF 334-408 Community and 33,302
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 33,304
GRF 334-506 Court Costs $ 966,274 $ 989,465 33,308
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 33,311
General Services Fund Group 33,314
149 334-609 Hospital Rotary - 33,317
Operating Expenses $ 4,291,568 $ 2,196,668 33,319
150 334-620 Special Education $ 105,250 $ 105,250 33,323
TOTAL GSF General Services 33,325
Fund Group $ 4,396,818 $ 2,301,918 33,328
Federal Special Revenue Fund Group 33,331
3B0 334-617 Elementary and 33,334
Secondary Education
Act $ 180,348 $ 189,215 33,336
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 33,340
TOTAL FED Federal Special Revenue 33,341
Fund Group $ 13,340,764 $ 13,488,555 33,344
State Special Revenue Fund Group 33,347
485 334-632 Mental Health 33,350
Operating $ 2,565,188 $ 2,651,013 33,352
717
692 334-636 Community Mental 33,354
Health Board Risk
Fund $ 581,871 $ 598,163 33,356
TOTAL SSR State Special Revenue 33,357
Fund Group $ 3,147,059 $ 3,249,176 33,360
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 33,363
Community Mental Health Board Risk Fund 33,367
The foregoing appropriation item 334-636, Community Mental 33,369
Health Board Risk Fund, shall be used to make payments pursuant 33,371
to section 5119.62 of the Revised Code. 33,372
Section 68.02. Division of Mental Health--Community 33,374
Support Services 33,375
General Revenue Fund 33,377
GRF 335-419 Community Medication 33,380
Subsidy $ 7,181,673 $ 7,701,549 33,382
GRF 335-502 Community Mental 33,384
Health Programs $ 37,272,143 $ 38,166,674 33,386
GRF 335-508 Services for Severely 33,388
Mentally Disabled $ 58,891,734 $ 60,305,135 33,390
TOTAL GRF General Revenue Fund $ 103,345,550 $ 106,173,358 33,393
General Services Fund Group 33,396
4N8 335-606 Family Stability 33,399
Incentive $ 7,196,000 $ 7,300,000 33,401
TOTAL GSF General Services 33,402
Fund Group $ 7,196,000 $ 7,300,000 33,405
Federal Special Revenue Fund Group 33,408
3A7 335-612 Social Services Block 33,411
Grant $ 12,519,873 $ 9,250,982 33,413
3A8 335-613 Federal Grant - 33,415
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 33,417
3A9 335-614 Mental Health Block 33,419
Grant $ 12,128,136 $ 12,128,136 33,421
718
3B1 335-635 Community Medicaid 33,423
Expansion $ 145,600,000 $ 151,424,000 33,425
TOTAL FED Federal Special Revenue 33,426
Fund Group $ 170,845,129 $ 173,400,238 33,429
TOTAL ALL BUDGET FUND GROUPS $ 281,386,679 $ 286,873,596 33,432
DEPARTMENT TOTAL 33,433
GENERAL REVENUE FUND $ 506,788,893 $ 512,198,051 33,436
DEPARTMENT TOTAL 33,437
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 33,440
DEPARTMENT TOTAL 33,441
FEDERAL SPECIAL REVENUE 33,442
FUND GROUP $ 189,495,249 $ 192,198,149 33,445
DEPARTMENT TOTAL 33,446
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 33,449
DEPARTMENT TOTAL 33,450
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 33,453
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,244,795 $ 795,696,968 33,456
Section 68.03. Community Medication Subsidy 33,459
The foregoing appropriation item 335-419, Community 33,461
Medication Subsidy, shall be used to provide subsidized support 33,462
for psychotropic medication needs of indigent citizens in the 33,463
community to reduce unnecessary hospitalization because of lack 33,464
of medication and to provide subsidized support for methadone 33,465
costs. 33,466
General Community Mental Health Programs 33,468
The foregoing appropriation item 335-502, Community Mental 33,470
Health Programs, shall be distributed by the Department of Mental 33,472
Health on a per capita basis to community mental health boards. 33,473
The purpose of the appropriation shall be to provide 33,475
subsidized support for general mental health services to Ohioans. 33,476
The range of mental health services eligible for funding shall be 33,477
defined in a Department of Mental Health administrative rule. 33,478
Community mental health boards shall allocate funds in support of 33,480
these services in accordance with the mental health needs of the 33,481
719
community.
Mental Health Services for Severely Mentally Disabled 33,483
Persons
The foregoing appropriation item 335-508, Services for 33,485
Severely Mentally Disabled, shall be used to fund mental health 33,487
services for adults and children who meet or have formerly met 33,488
criteria established by the Department of Mental Health under its 33,489
definition of severely mentally disabled. Those adults and 33,490
children who constitute severely mentally disabled shall include 33,491
those with a history of recent or chronic psychiatric 33,492
hospitalizations, a history of psychosis, a prognosis of 33,493
continued severe social and adaptive functioning impairment, or 33,494
those certified impaired by the Social Security Administration 33,495
for reasons of mental illness. In addition to the above, children 33,496
and adolescents who are currently determined to be severely 33,497
mentally disabled, or who are at risk of becoming severely mental 33,498
disabled, and who are already in or about to enter the juvenile 33,499
justice system, or child welfare system, or receiving special 33,500
education services within the education system may also receive 33,501
services funded by appropriation item 335-508, Services for 33,502
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 33,505
Severely Mentally Disabled, $2.7 million in each fiscal year 33,506
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 33,507
made using an intrastate voucher. 33,508
Behavioral Health Medicaid Services 33,510
The Department of Mental Health shall administer specified 33,512
Medicaid Services as delegated by the Department of Human 33,513
Services in an interagency agreement. The foregoing 33,514
appropriation item 333-607, Behavioral Health Medicaid Services, 33,515
may be used to make payments for free-standing psychiatric 33,516
hospital inpatient services as defined in an interagency 33,517
agreement with the Department of Human Services.
720
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 33,519
AND DEVELOPMENTAL DISABILITIES 33,520
Section 69.01. General Administration and Statewide 33,522
Services 33,523
General Revenue Fund 33,525
GRF 320-321 Central 33,528
Administration $ 12,054,435 $ 11,889,457 33,530
GRF 320-411 Special Olympics $ 200,000 $ 200,000 33,534
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 33,538
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 33,542
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 33,545
General Services Fund Group 33,548
4B5 320-640 Conference/Training $ 761,387 $ 780,768 33,553
TOTAL GSF General Services 33,554
Fund Group $ 761,387 $ 780,768 33,557
Federal Special Revenue Fund Group 33,560
3A4 320-605 Administrative 33,563
Support $ 5,795,804 $ 6,491,300 33,565
3A5 320-613 DD Council Operating 33,567
Expenses $ 992,486 $ 992,486 33,569
325 320-634 Protective Services $ 916,969 $ 916,969 33,573
TOTAL FED Federal Special Revenue 33,574
Fund Group $ 7,705,259 $ 8,400,755 33,577
TOTAL ALL GENERAL ADMINISTRATION 33,578
AND STATEWIDE SERVICES 33,579
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 33,582
Rental Payments to the Ohio Public Facilities Commission 33,586
The foregoing appropriation item 320-415, Rent Payments - 33,588
OPFC, shall be used to meet all payments at the times they are 33,590
required to be made during the period from July 1, 1999, to June 33,591
30, 2001, by the Department of Mental Retardation and 33,592
Developmental Disabilities to the Ohio Public Facilities 33,593
Commission pursuant to leases and agreements made under section 33,594
154.20 of the Revised Code, but limited to the aggregate amount 33,595
721
of $58,600,000. Nothing in this act shall be deemed to 33,596
contravene the obligation of the state to pay, without necessity 33,597
for further appropriation, from the sources pledged thereto, the 33,598
bond service charges on obligations issued pursuant to section 33,599
154.20 of the Revised Code.
Section 69.02. Community Services 33,601
General Revenue Fund 33,603
GRF 322-405 State Use Program $ 268,364 $ 264,685 33,608
GRF 322-413 Residential and 33,610
Support Services $ 133,882,337 $ 137,095,513 33,612
GRF 322-451 Family Support 33,614
Services $ 7,705,342 $ 7,975,870 33,617
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 33,621
GRF 322-501 County Boards 33,623
Subsidies $ 45,720,356 $ 46,817,644 33,625
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 33,628
General Services Fund Group 33,631
4J6 322-645 Intersystem Services 33,634
for Children $ 3,798,005 $ 3,907,448 33,636
4U4 322-606 Community MR and DD 33,638
Trust $ 116,242 $ 119,201 33,640
4V1 322-611 Program Support $ 110,560 $ 113,374 33,643
4V1 322-615 Ohio's 33,645
Self-Determination
Project $ 131,666 $ 131,666 33,647
488 322-603 Residential Services 33,649
Refund $ 3,297,786 $ 3,650,224 33,651
TOTAL GSF General Services 33,652
Fund Group $ 7,454,259 $ 7,921,913 33,655
Federal Special Revenue Fund Group 33,658
3A4 322-605 Community Program 33,661
Support $ 2,569,284 $ 2,749,134 33,663
3A4 322-610 Community Residential 33,665
Support $ 5,537,250 $ 5,924,858 33,667
722
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 33,671
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 33,675
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 33,679
325 322-608 Federal Grants - 33,681
Operating Expenses $ 1,197,586 $ 1,225,523 33,683
325 322-612 Social Service Block 33,685
Grant $ 15,100,000 $ 15,100,000 33,687
325 322-614 Health and Human 33,689
Services $ 214,245 $ 214,245 33,691
325 322-617 Education Grants - 33,693
Operating $ 277,650 $ 277,650 33,695
TOTAL FED Federal Special Revenue 33,696
Fund Group $ 305,234,401 $ 307,342,960 33,699
State Special Revenue Fund Group 33,702
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 33,707
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 33,711
TOTAL SSR State Special Revenue 33,712
Fund Group $ 13,402,881 $ 13,082,786 33,715
TOTAL ALL COMMUNITY SERVICES 33,716
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 33,719
Residential and Support Services 33,722
The foregoing appropriation item 322-413, Residential and 33,724
Support Services, shall be used for any of the following: 33,725
(A) Home and community-based waiver services pursuant to 33,727
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 33,728
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 33,730
retardation and developmental disabilities; 33,731
(C) Supported living services contracted by county boards 33,733
of mental retardation and developmental disabilities in 33,734
accordance with sections 5126.40 to 5126.47 of the Revised Code; 33,735
(D) County board of mental retardation and developmental 33,737
disabilities contracted purchase of service; 33,738
(E) Sermak Class Services used to implement the 33,740
723
requirements of the consent decree in the case of Sermak v. 33,741
Manuel, Case No. c-2-80-220, United States District Court for the 33,742
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 33,744
Code, the Department of Mental Retardation and Developmental 33,746
Disabilities may develop residential and support service programs 33,747
that enable persons with mental retardation and developmental 33,748
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 33,749
may waive the support collection requirements of those statutes 33,750
for persons in community programs developed by the department 33,751
under this section. The department shall adopt rules under 33,752
Chapter 119. of the Revised Code or may use existing rules for 33,753
the implementation of these programs.
Family Support Services 33,755
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 33,757
5126.11 of the Revised Code, the Department of Mental Retardation 33,758
and Developmental Disabilities may implement programs funded by 33,759
appropriation item 322-451, Family Support Services, to provide 33,760
assistance to persons with mental retardation or developmental 33,761
disabilities and their families who are living in the community. 33,763
The department shall adopt rules to implement these programs. 33,764
Case Management 33,766
The foregoing appropriation item 322-452, Case Management, 33,768
shall be allocated to county boards of mental retardation and 33,770
developmental disabilities for the purpose of providing case 33,771
management services and to assist in bringing state funding for 33,772
all department-approved case managers within county boards of 33,773
mental retardation and developmental disabilities to the level 33,774
authorized in division (D) of section 5126.15 of the Revised 33,775
Code. The department may request approval from the Controlling 33,776
Board to transfer any unobligated appropriation authority from 33,777
other state General Revenue Fund appropriation items within the 33,778
department's budget to appropriation item 322-452, Case 33,779
724
Management, to be used to meet the statutory funding level in 33,780
division (D) of section 5126.15 of the Revised Code. 33,781
Notwithstanding division (D) of section 5126.15 of the 33,783
Revised Code and subject to funding in appropriation item 33,784
322-452, Case Management, no county may receive less than its 33,785
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 33,787
Of the foregoing appropriation item 322-501, County Boards 33,789
Subsidies, $1,500,000 in each fiscal year shall be used to fund 33,790
the tax equity program in accordance with sections 5126.16, 33,791
5126.17, and 5126.18 of the Revised Code.
Waiver - Match 33,793
The foregoing appropriation item 322-604, Waiver-Match 33,795
(Fund 4K8), shall be used as state matching funds for the home 33,796
and community-based waivers. 33,797
The Department of Human Services may enter into an 33,799
interagency agreement with the Department of Mental Retardation 33,800
and Developmental Disabilities providing for the Department of 33,801
Mental Retardation and Developmental Disabilities to operate the 33,802
program. 33,803
Developmental Center Program to Develop a Model Billing for 33,805
Services Rendered 33,806
Developmental centers of the Department of Mental 33,808
Retardation and Developmental Disabilities may provide services 33,809
to persons with mental retardation or developmental disabilities 33,810
living in the community or to providers of services to these 33,811
persons. The department may develop a methodology for recovery 33,812
of all costs associated with the provisions of these services. 33,813
Section 69.03. Residential Facilities 33,815
General Revenue Fund 33,817
GRF 323-321 Residential 33,820
Facilities Operations $ 104,027,497 $ 103,976,271 33,822
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 33,825
General Services Fund Group 33,828
725
152 323-609 Residential 33,831
Facilities Support $ 849,108 $ 870,772 33,833
TOTAL GSF General Services 33,834
Fund Group $ 849,108 $ 870,772 33,837
Federal Special Revenue Fund Group 33,840
3A4 323-605 Residential 33,843
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 33,845
325 323-608 Federal Grants - 33,847
Subsidies $ 401,173 $ 429,255 33,849
325 323-617 Education Grants - 33,851
Residential
Facilities $ 374,882 $ 374,882 33,853
TOTAL FED Federal Special Revenue 33,854
Fund Group $ 125,954,342 $ 126,789,556 33,857
State Special Revenue Fund Group 33,860
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 33,865
TOTAL SSR State Special Revenue 33,866
Fund Group $ 10,297,985 $ 10,726,617 33,869
TOTAL ALL RESIDENTIAL FACILITIES 33,870
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 33,873
DEPARTMENT TOTAL GENERAL REVENUE 33,876
FUND $ 341,404,001 $ 344,546,207 33,878
DEPARTMENT TOTAL GENERAL SERVICES 33,879
FUND GROUP $ 9,064,754 $ 9,573,453 33,881
DEPARTMENT TOTAL FEDERAL SPECIAL 33,882
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 33,884
DEPARTMENT TOTAL STATE SPECIAL 33,885
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 33,887
TOTAL DEPARTMENT OF MENTAL 33,888
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 33,891
Section 70. MIH COMMISSION ON MINORITY HEALTH 33,894
General Revenue Fund 33,896
726
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 33,901
GRF 149-501 Minority Health 33,903
Grants $ 1,047,826 $ 1,072,973 33,905
GRF 149-502 Lupus Program $ 182,298 $ 186,673 33,909
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 33,912
State Special Revenue Fund Group 33,915
4C2 149-601 Minority Health 33,918
Conference $ 121,051 $ 124,231 33,920
TOTAL SSR State Special Revenue 33,921
Fund Group $ 121,051 $ 124,231 33,924
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 33,927
Lupus Program 33,930
The foregoing appropriation item 149-502, Lupus Program, 33,932
shall be used to provide grants for programs in patient, public, 33,933
and professional education on the subject of Systemic Lupus 33,934
Erythemtosus; to encourage and develop local centers on lupus 33,935
information gathering and screening; and to provide outreach to 33,936
minority women. 33,937
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 33,940
REGISTRATION BOARD 33,941
General Service Fund Group 33,943
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 33,948
TOTAL GSF General Services 33,949
Fund Group $ 228,638 $ 228,778 33,952
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 33,955
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 33,958
General Revenue Fund 33,960
GRF 725-401 Wildlife - GRF 33,963
Central Support $ 1,221,229 $ 1,268,315 33,965
GRF 725-404 Fountain Square 33,967
Rental Payments - OBA $ 1,087,000 $ 1,093,000 33,969
GRF 725-408 Reclamation and 33,971
Mining $ 2,406,020 $ 2,408,999 33,973
727
GRF 725-412 Reclamation 33,975
Commission $ 66,475 $ 68,165 33,977
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 33,981
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 33,985
GRF 725-419 Oil & Gas Well 33,987
Plugging $ 500,000 $ 500,000 33,989
GRF 725-423 Stream and Ground 33,991
Water Gauging $ 422,863 $ 459,387 33,993
GRF 725-425 Wildlife License 33,995
Reimbursement $ 1,000,000 $ 1,000,000 33,997
GRF 725-456 Canal Lands $ 414,783 $ 423,203 34,001
GRF 725-502 Soil and Water 34,003
Districts $ 10,564,494 $ 11,390,831 34,005
GRF 727-321 Division of Forestry $ 10,078,524 $ 9,956,427 34,009
GRF 728-321 Division of 34,011
Geological Survey $ 2,164,135 $ 2,270,778 34,013
GRF 729-321 Computer Information 34,015
Services &
Communications $ 1,172,567 $ 1,214,464 34,017
GRF 730-321 Division of Parks and 34,019
Recreation $ 34,855,224 $ 34,951,655 34,021
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 34,025
GRF 734-321 Division of Oil and 34,027
Gas $ 225,366 $ 1,114,957 34,029
GRF 736-321 Division of Chief 34,031
Engineer $ 4,371,204 $ 3,773,672 34,033
GRF 737-321 Division of Soil and 34,035
Water $ 4,092,866 $ 4,382,166 34,037
GRF 738-321 Office of Real Estate 34,039
and Land Management $ 2,493,793 $ 2,550,457 34,041
GRF 741-321 Division of Natural 34,043
Areas $ 3,415,305 $ 3,396,390 34,045
GRF 743-321 Division of Civilian 34,047
Conservation $ 5,100,636 $ 5,225,382 34,049
728
TOTAL GRF General Revenue Fund $ 105,378,219 $ 104,320,291 34,052
General Services Fund Group 34,055
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 34,060
157 725-651 Central Support 34,062
Indirect $ 7,302,432 $ 7,273,923 34,064
158 725-604 Natural Resources 34,066
Publication Center
Intrastate $ 79,170 $ 80,154 34,068
161 725-635 Parks Facilities 34,070
Maintenance $ 2,666,395 $ 2,737,935 34,072
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 34,076
204 725-687 Information Services $ 2,217,392 $ 2,145,631 34,080
206 725-689 REALM Support 34,082
Services $ 447,811 $ 473,152 34,084
207 725-690 Real Estate $ 53,924 $ 55,320 34,088
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 34,092
4S9 725-622 NatureWorks Personnel $ 655,136 $ 479,163 34,096
4X8 725-662 Water Planning 34,098
Council $ 262,900 $ 269,700 34,100
430 725-671 Canal Lands $ 1,029,302 $ 998,044 34,104
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 34,108
508 725-684 Natural Resources 34,110
Publication Center
Interstate $ 393,166 $ 361,877 34,112
510 725-631 Maintenance - 34,114
state-owned
residences $ 230,669 $ 220,771 34,116
516 725-620 Water Management $ 2,407,372 $ 2,404,055 34,120
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 34,124
635 725-664 Fountain Square 34,126
Facilities Management $ 2,595,957 $ 2,699,355 34,128
697 725-670 Submerged Lands $ 547,762 $ 567,920 34,132
TOTAL GSF General Services 34,133
Fund Group $ 25,995,212 $ 26,248,864 34,136
729
Federal Special Revenue Fund Group 34,139
3B3 725-640 Federal Forest 34,142
Pass-Thru $ 55,000 $ 55,000 34,144
3B4 725-641 Federal Flood 34,146
Pass-Thru $ 185,000 $ 190,000 34,148
3B5 725-645 Federal Abandoned 34,150
Mine Lands $ 7,418,833 $ 7,630,403 34,152
3B6 725-653 Federal Land and 34,154
Water Conservation $ 130,000 $ 120,000 34,156
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 34,160
3P0 725-630 Natural Areas and 34,162
Preserves-Federal $ 262,400 $ 185,000 34,164
3P1 725-632 Geological 34,166
Survey-Federal $ 350,000 $ 350,000 34,168
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 34,172
3P3 725-650 Real Estate and Land 34,174
Management-Federal $ 2,857,755 $ 3,185,120 34,176
3P4 725-660 Water-Federal $ 180,000 $ 180,000 34,180
3R5 725-673 Acid Mine Drainage 34,182
Abatement/Treatment $ 600,000 $ 600,000 34,184
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 34,188
332 725-669 Federal Mine Safety 34,190
Grant $ 133,095 $ 137,056 34,192
TOTAL FED Federal Special Revenue 34,193
Fund Group $ 15,628,229 $ 16,027,961 34,196
State Special Revenue Fund Group 34,199
4B8 725-617 Forestry Development $ 25,000 $ 25,000 34,204
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 34,208
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 34,212
4U6 725-668 Scenic Rivers 34,214
Protection $ 261,307 $ 268,431 34,216
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 34,220
509 725-602 State Forest $ 1,520,379 $ 1,440,326 34,224
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 34,228
730
512 725-605 State Parks 34,230
Operations $ 27,150,223 $ 27,048,732 34,232
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 34,236
518 725-643 Oil and Gas Permit 34,238
Fees $ 3,618,829 $ 2,878,496 34,240
521 725-627 Off-Road Vehicle 34,242
Trails $ 62,036 $ 63,790 34,244
522 725-656 Natural Areas 34,246
Checkoff Funds $ 745,301 $ 766,169 34,248
525 725-608 Reclamation 34,250
Forfeiture $ 597,082 $ 597,664 34,252
526 725-610 Strip Mining 34,254
Administration Fees $ 1,956,599 $ 2,006,000 34,256
527 725-637 Surface Mining 34,258
Administration $ 1,964,078 $ 2,016,050 34,260
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 34,264
530 725-647 Surface Mining 34,266
Reclamation $ 76,725 $ 78,951 34,268
531 725-648 Reclamation 34,270
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 34,272
532 725-644 Litter Control and 34,274
Recycling $ 10,965,210 $ 11,264,587 34,276
615 725-661 Dam Safety $ 136,633 $ 139,237 34,280
TOTAL SSR State Special Revenue 34,281
Fund Group $ 53,653,325 $ 53,029,615 34,284
Wildlife Fund Group 34,287
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 34,292
015 740-321 Division of Wildlife 34,294
Conservation $ 40,345,888 $ 41,400,117 34,296
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 34,300
815 725-636 Cooperative 34,302
Management Projects $ 148,850 $ 153,166 34,304
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 34,308
731
817 725-655 Wildlife Conservation 34,310
Checkoff Fund $ 1,301,143 $ 1,327,577 34,312
818 725-629 Cooperative Fisheries 34,314
Research $ 918,004 $ 943,708 34,316
819 725-685 Ohio River Management $ 119,302 $ 122,748 34,320
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 34,323
Waterways Safety Fund Group 34,326
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 34,331
086 725-416 Natural Areas Marine 34,333
Patrol $ 25,000 $ 25,000 34,335
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 34,339
086 725-418 Buoy Placement $ 39,298 $ 40,267 34,343
086 725-501 Waterway Safety 34,345
Grants $ 128,024 $ 131,609 34,347
086 725-506 Watercraft Marine 34,349
Patrol $ 359,800 $ 369,875 34,351
086 725-513 Watercraft 34,353
Educational Grants $ 128,500 $ 132,098 34,355
086 739-321 Division of 34,357
Watercraft $ 11,615,111 $ 11,892,223 34,359
880 725-614 Cooperative Boat 34,361
Harbor Projects $ 108,637 $ 111,679 34,363
TOTAL WSF Waterways Safety Fund 34,364
Group $ 15,520,772 $ 15,818,786 34,367
Holding Account Redistribution Fund Group 34,370
R17 725-659 Performance Cash Bond 34,373
Refunds $ 265,000 $ 265,500 34,375
R29 725-607 Reclamation Fee 34,377
Refund $ 350,000 $ 350,000 34,379
R30 725-638 Surface Mining 34,381
Reclamation Fees $ 12,000 $ 12,000 34,383
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 34,387
TOTAL 090 Holding Account 34,388
Redistribution Fund Group $ 2,377,000 $ 2,377,500 34,391
732
Accrued Leave Liability Fund Group 34,394
4M8 725-675 FOP Contract $ 17,551 $ 17,990 34,399
TOTAL ALF Accrued Leave 34,400
Liability Fund Group $ 17,551 $ 17,990 34,403
TOTAL ALL BUDGET FUND GROUPS $ 263,951,717 $ 264,406,900 34,406
Section 72.01. Rental Payments to the Ohio Public 34,409
Facilities Commission 34,410
The foregoing appropriation item 725-413, OPFC Rental 34,412
Payments, shall be used to meet all payments at the times they 34,414
are required to be made during the period from July 1, 1999, to 34,415
June 30, 2001, by the Department of Natural Resources to the Ohio 34,416
Public Facilities Commission pursuant to leases and agreements 34,417
made under section 154.22 of the Revised Code, but limited to the 34,418
aggregate amount of $28,410,000. Nothing in this act shall be 34,419
deemed to contravene the obligation of the state to pay, without 34,420
necessity for further appropriation, from the sources pledged 34,421
thereto, the bond service charges on obligations issued pursuant 34,422
to section 154.22 of the Revised Code. 34,423
Fountain Square 34,425
The foregoing appropriation item 725-404, Fountain Square 34,427
Rental Payments - OBA, shall be used by the Department of Natural 34,429
Resources to meet all payments required to be made to the Ohio 34,430
Building Authority during the period from July 1, 1999, to June 34,431
30, 2001, pursuant to leases and agreements with the Ohio 34,432
Building Authority under section 152.241 of the Revised Code, but 34,433
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 34,435
transfer vouchers, shall make payments to the General Revenue 34,437
Fund from funds other than the General Revenue Fund to reimburse 34,438
the General Revenue Fund for their share of the lease rental 34,439
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 34,440
payment from the Ohio Building Authority for the actual amounts 34,441
necessary to fulfill the leases and agreements pursuant to 34,442
733
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 34,444
Facilities Management (Fund 635), shall be used for payment of 34,446
repairs, renovation, utilities, property management, and building 34,447
maintenance expenses for the Fountain Square Complex. Cash 34,448
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 34,449
Natural Resources shall be deposited to the Fountain Square 34,450
Facilities Management Fund (Fund 635). 34,451
Section 72.02. Central Support Indirect Chargeback 34,453
With the exception of the Division of Wildlife, whose 34,455
indirect central support charges shall be paid by the General 34,456
Revenue Fund from the foregoing appropriation item 725-401, 34,457
Wildlife - GRF Central Support, the Department of Natural 34,458
Resources, with the approval of the Director of Budget and 34,459
Management, shall utilize a methodology for determining each 34,460
division's payments into the Central Support Indirect Chargeback 34,461
Fund (Fund 157). The methodology used shall contain the 34,462
characteristics of administrative ease and uniform application. 34,463
Payments to the Central Support Indirect Chargeback Fund shall be 34,464
made using an intrastate transfer voucher. 34,465
Wildlife License Reimbursement 34,467
Notwithstanding the limits of the transfer from the General 34,469
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 34,470
of the Revised Code, up to the amount available in appropriation 34,471
item 725-425, Wildlife License Reimbursement, may be transferred 34,472
from the General Revenue Fund to the Wildlife Fund (Fund 015). 34,473
Pursuant to the certification of the Director of Budget and 34,474
Management of the amount of foregone revenue in accordance with 34,475
section 1533.15 of the Revised Code, the foregoing appropriation 34,476
item in the General Revenue Fund, appropriation item 725-425, 34,477
Wildlife License Reimbursement, shall be used to reimburse the 34,478
Wildlife Fund (Fund 015) for the cost of hunting and fishing 34,479
licenses and permits issued after June 30, 1990, to individuals 34,480
734
who are exempted under the Revised Code from license, permit, and 34,481
stamp fees.
Soil and Water Districts 34,483
In addition to state payments to soil and water 34,485
conservation districts authorized by section 1515.10 of the 34,486
Revised Code, the Department of Natural Resources may pay to any 34,487
soil and water conservation district, from authority in 34,488
appropriation item 725-502, Soil and Water Districts, an annual 34,489
amount not to exceed $30,000, upon receipt of a request and 34,490
justification from the district and approval by the Ohio Soil and 34,491
Water Conservation Commission. The county auditor shall credit 34,492
such payments to the special fund established pursuant to section 34,493
1515.10 of the Revised Code for the local soil and water 34,494
conservation district. Moneys received by each district shall be 34,495
expended for the purposes of the district. 34,496
Of the foregoing appropriation item 725-502, Soil and Water 34,498
Districts, $150,000 in each fiscal year shall be distributed to 34,499
the Muskingum Watershed Conservancy District. 34,500
Of the foregoing appropriation item 725-502, Soil and Water 34,502
Districts, $170,000 in each fiscal year shall be distributed to 34,503
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 34,506
section 1511.02 of the Revised Code if the Chief of Soil and 34,507
Water Conservation issues an order finding a person has caused 34,508
agricultural pollution by failure to comply with the standards 34,509
established under that section.
Soil and Water Districts 34,511
Of the foregoing appropriation item 725-502, Soil and Water 34,513
Districts, up to $8,043,891 in fiscal year 2000 and up to 34,514
$8,687,402 in fiscal year 2001 shall be distributed to soil and 34,515
water conservation districts for matching funds pursuant to 34,516
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 34,518
Districts, $250,000 in each fiscal year shall be distributed to 34,519
735
the Resource Conservation and Development Councils. 34,520
Of the foregoing appropriation item 725-502, Soil and Water 34,522
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 34,523
be used for the Conservation Action Project to improve water 34,524
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 34,525
and Wood counties.
Division of Soil and Water 34,527
Of the foregoing appropriation item 737-321, Division of 34,529
Soil and Water, $220,000 in each fiscal year shall be distributed 34,530
to the Water Quality Laboratory located at Heidelberg College. 34,532
Canal Lands 34,534
The foregoing appropriation item 725-456, Canal Lands, 34,536
shall be used to transfer funds to the Canal Lands Fund (Fund 34,537
430) to provide operating expenses for the State Canal Lands 34,538
Program. The transfer shall be made using an intrastate transfer 34,539
voucher and shall be subject to the approval of the Director of 34,540
Budget and Management. 34,541
Watercraft Marine Patrol 34,543
Of the foregoing appropriation item 739-321, Division of 34,545
Watercraft, $50,000 in each fiscal year shall be expended for the 34,546
purchase of equipment for marine patrols qualifying for funding 34,547
from the Department of Natural Resources pursuant to section 34,548
1547.67 of the Revised Code. Proposals for equipment shall 34,549
accompany the submission of documentation for receipt of a marine 34,550
patrol subsidy pursuant to section 1547.67 of the Revised Code 34,551
and shall be loaned to eligible marine patrols pursuant to a 34,552
cooperative agreement between the Department of Natural Resources 34,553
and the eligible marine patrol. 34,554
Water Resources Council 34,556
There is hereby created a Water Resources Council, 34,558
consisting of the Directors, or the designees of the Directors, 34,559
of Agriculture, Development, Environmental Protection, Health, 34,560
Natural Resources, Transportation, the State and Local Government 34,561
Commission, Public Utilities Commission, Ohio Public Works 34,562
736
Commission, and Ohio Water Development Authority. The Director 34,563
of Natural Resources shall chair the council. The chair of the 34,564
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 34,566
shall coordinate water policy development and planning activities 34,567
of state agencies and consider and make recommendations regarding 34,568
water policy development, planning coordination, and funding 34,570
issues.
Operating expenses of the council shall be paid from the 34,572
Water Resources Council Fund (Fund 4X8), which is hereby created. 34,573
The council may hire an executive director and staff to support 34,575
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 34,576
private interests to assist in meeting its objectives. The 34,577
Department of Natural Resources shall serve as fiscal agent of 34,579
the fund. The Departments of Agriculture, Development, 34,580
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 34,581
voucher, to the fund. The State and Local Government Commission, 34,582
Public Utilities Commission, Ohio Public Works Commission, and 34,583
Ohio Water Development Authority may also voluntarily pay into 34,584
the Water Resources Council Fund for the operating expenses of 34,585
the council. If voluntary payment is made into the fund the 34,586
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 34,587
Transportation shall be equally reduced. 34,588
Cash Transfer 34,590
Not later than August 1, 1999, the Director of Budget and 34,592
Management shall transfer cash in an amount not to exceed $8,266 34,593
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 34,594
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 34,596
Management shall transfer cash in an amount not to exceed 34,597
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 34,598
737
and Gas Well Fund (Fund 518).
Fund Consolidation 34,600
On July 15, 1999, or as soon thereafter as possible, the 34,602
Director of Budget and Management shall transfer the cash 34,603
balances of the Departmental Services - Interstate Fund (Fund 34,604
507) as of June 30, 1999, and any amounts that accrue to that 34,605
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 34,606
encumbrances against appropriation item 725-681, Departmental 34,607
Services - Interstate, and reestablish them against appropriation 34,608
item 725-601, Departmental Projects. The amounts of any 34,609
encumbrances canceled and reestablished are hereby appropriated. 34,610
On July 15, 1999, or as soon thereafter as possible, the 34,612
Director of Budget and Management shall transfer the cash 34,613
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 34,614
June 30, 1999, and any amounts that accrue to that fund after 34,615
that date, to the Oil and Gas Well Fund (Fund 518). The director 34,616
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 34,617
reestablish them against appropriation item 725-643, Oil and Gas 34,618
Permit Fees. The amounts of any encumbrances canceled and 34,619
reestablished are hereby appropriated.
Burr Oak Water Plant Transfer 34,621
For the purposes of this section, "Burr Oak water system" 34,623
includes, but is not limited to, the Burr Oak water treatment 34,624
plant and its appurtenances.
Upon creation of a regional water district in accordance 34,626
with Chapter 6119. of the Revised Code, the Department of Natural 34,627
Resources shall transfer ownership of the Burr Oak water system 34,628
to the regional water district which shall serve portions of 34,629
Athens, Morgan, Hocking, and Perry counties, or surrounding 34,630
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 34,631
of Natural Resources and the regional water district setting 34,632
738
forth the provisions of the transfer. 34,633
Not more than thirty days prior to the execution of the 34,635
transfer agreement, the Director of Natural Resources shall 34,636
certify the amount of debt outstanding for the Burr Oak water 34,637
system and request the release of moneys up to $385,000 from 34,638
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 34,639
after the execution of the transfer agreement, all unencumbered 34,640
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 34,641
Water Plant, shall be distributed to the regional water district. 34,642
Section 73. NUR STATE BOARD OF NURSING 34,644
General Services Fund Group 34,646
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 34,651
TOTAL GSF General Services 34,652
Fund Group $ 4,080,547 $ 4,206,614 34,655
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 34,659
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 34,662
AND ATHLETIC TRAINERS BOARD 34,663
General Services Fund Group 34,665
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 34,670
TOTAL GSF General Services 34,671
Fund Group $ 794,492 $ 632,645 34,674
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 34,677
Operating Expenses 34,680
Of the foregoing appropriation item 890-609, Operating 34,682
Expenses, $150,000 in fiscal year 2000 shall be used by the 34,683
physical therapy section of the Ohio Occupational Therapy, 34,684
Physical Therapy, and Athletic Trainers Board to commission a 34,685
study to measure clinical outcomes for physical therapy. The
physical therapy section for the board shall report the findings 34,686
of the study to the Speaker of the House of Representatives, the 34,687
President of the Senate, and the Governor no later than two years 34,688
after the effective date of this section. 34,689
Education Conference 34,691
739
The Occupational Therapy, Physical Therapy, and Athletic 34,693
Trainers Board shall plan a conference to discuss career options 34,694
for recent college graduates and new licensees. Members of the 34,695
conference shall be the directors, or their designees, of the 34,696
Occupational Therapy, Physical Therapy, and Athletic Trainers 34,697
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 34,698
recommendations to the Board of Regents. 34,699
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 34,701
General Revenue Fund 34,703
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 34,708
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 34,711
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 34,714
Library Subsidy 34,717
Of the foregoing appropriation item 355-501, Library 34,719
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 34,720
relocation of the Ohioana Library from the State Departments 34,721
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 34,723
General Services Fund Group 34,725
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 34,730
TOTAL GSF General Services 34,731
Fund Group $ 262,402 $ 260,182 34,734
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 34,737
Section 77. OPT STATE BOARD OF OPTOMETRY 34,740
General Services Fund Group 34,742
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 34,747
TOTAL GSF General Services 34,748
Fund Group $ 267,672 $ 266,294 34,751
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 34,755
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 34,758
General Revenue Fund 34,760
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 34,765
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 34,768
740
General Services Fund Group 34,771
636 124-601 Transcript and Other $ 37,838 $ 38,746 34,776
TOTAL GSF General Services 34,777
Fund Group $ 37,838 $ 38,746 34,780
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 34,783
Transcript and Other 34,786
The foregoing appropriation item 124-601, Transcript and 34,788
Other, may be used to produce and distribute transcripts and 34,789
other documents. Revenues generated by charges for transcripts 34,790
and other documents shall be deposited in the Transcripts and 34,791
Other Fund (Fund 636). 34,792
Section 79. PRX STATE BOARD OF PHARMACY 34,794
General Services Fund Group 34,796
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 34,801
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 34,805
TOTAL GSF General Services 34,806
Fund Group $ 3,906,199 $ 3,899,277 34,809
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 34,812
Section 80. PSY STATE BOARD OF PSYCHOLOGY 34,815
General Services Fund Group 34,817
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 34,822
TOTAL GSF General Services 34,823
Fund Group $ 456,543 $ 443,625 34,826
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 34,829
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 34,832
General Revenue Fund 34,834
GRF 019-321 Public Defender 34,837
Administration $ 1,773,081 $ 1,808,544 34,839
GRF 019-401 State Legal Defense 34,841
Services $ 6,810,632 $ 6,993,291 34,843
GRF 019-403 Multi-County: State 34,845
Share $ 1,108,780 $ 1,280,291 34,847
GRF 019-404 Trumbull County-State 34,849
Share $ 415,691 $ 429,680 34,851
741
GRF 019-405 Training Account $ 48,500 $ 48,500 34,856
GRF 019-501 County Reimbursement 34,858
- Non-Capital Cases $ 31,495,223 $ 34,600,011 34,860
GRF 019-503 County Reimbursements 34,862
- Capital Cases $ 1,151,476 $ 1,257,059 34,864
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 34,867
General Services Fund Group 34,870
101 019-602 Inmate Legal 34,873
Assistance $ 57,983 $ 56,422 34,875
101 019-607 Juvenile Legal 34,877
Assistance $ 456,055 $ 503,615 34,879
406 019-603 Training and 34,881
Publications $ 16,000 $ 16,000 34,883
407 019-604 County Representation $ 466,799 $ 456,959 34,887
408 019-605 Client Payments $ 127,985 $ 131,453 34,891
TOTAL GSF General Services 34,892
Fund Group $ 1,124,822 $ 1,164,449 34,895
Federal Special Revenue Fund Group 34,898
3S8 019-608 Federal 34,901
Representation $ 190,000 $ 190,000 34,903
TOTAL FED Federal Special Revenue 34,904
Fund Group $ 190,000 $ 190,000 34,907
State Special Revenue Fund Group 34,910
4C7 019-601 Multi-County: County 34,913
Share $ 1,556,829 $ 1,614,051 34,915
4X7 019-610 Trumbull 34,917
County-County Share $ 552,627 $ 579,645 34,919
574 019-606 Legal Services 34,921
Corporation $ 16,350,000 $ 16,850,000 34,923
TOTAL SSR State Special Revenue 34,924
Fund Group $ 18,459,456 $ 19,043,696 34,927
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 34,930
Indigent Defense Office 34,933
The foregoing appropriation items 019-404, Trumbull County 34,935
742
- State Share, and 019-610, Trumbull County - County Share, shall 34,936
be used to support an indigent defense office for Trumbull 34,937
County.
Training Account 34,939
The foregoing appropriation item 019-405, Training Account, 34,941
shall be used by the Ohio Public Defender to provide legal 34,942
training programs at no cost for private appointed counsel who 34,943
represent at least one indigent defendant at no cost, and for 34,944
state and county public defenders and attorneys who contract with 34,945
the Ohio Public Defender to provide indigent defense services. 34,946
Federal Representation 34,948
The foregoing appropriation item 019-608, Federal 34,950
Representation, shall be used to receive reimbursements from the 34,951
federal courts when the Ohio Public Defender provides 34,953
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 34,955
General Revenue Fund 34,957
GRF 763-403 Operating Expenses - 34,960
EMA $ 4,090,853 $ 3,574,514 34,962
GRF 763-409 MARCS Operations and 34,964
Maintenance $ 740,284 $ 735,997 34,966
GRF 763-507 Individual and Family 34,968
Grants $ 100,000 $ 105,000 34,970
GRF 764-404 Transportation 34,972
Enforcement
Operations $ 2,156,879 $ 2,157,207 34,974
GRF 769-321 Food Stamp 34,976
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 34,978
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 34,981
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 34,986
American Red Cross Disaster Preparedness and Training 34,989
Of the foregoing appropriation item 763-403, Operating 34,991
743
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 34,992
distributed to the American Red Cross in Ohio for disaster 34,993
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 34,995
agreement between the State of Ohio Chapters of the American Red 34,996
Cross to specify the terms by which these funds shall be 34,997
requested, distributed, and accounted for to enhance the disaster 34,998
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 34,999
Management Agency shall require of the American Red Cross a plan 35,000
that facilitates implementation of the current Statement of 35,001
Understanding between the State of Ohio and the American Red 35,002
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 35,003
MARCS Operations and Maintenance Transfers 35,005
Upon the request of the Director of Public Safety, the 35,007
Director of Budget and Management shall transfer up to $304,284 35,008
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 35,009
2001 by intrastate transfer voucher from appropriation item 35,010
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 35,011
Maintenance Fund.
Upon the request of the Director of Public Safety, the 35,013
Director of Budget and Management shall transfer up to $436,000 35,014
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 35,015
2001 by intrastate transfer voucher from appropriation item 35,016
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 35,017
Operations Fund.
IFG State Match 35,019
The foregoing appropriation item 763-507, Individual and 35,021
Family Grants, shall be used to fund the state share of costs to 35,022
provide grants to individuals and families in cases of disaster. 35,023
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 35,025
General Services Fund Group 35,027
744
5F6 870-622 Utility and Railroad 35,030
Regulation $ 25,207,000 $ 25,145,000 35,032
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 35,036
5F6 870-625 Motor Transportation 35,038
Regulation $ 4,239,287 $ 4,237,947 35,040
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 35,044
TOTAL GSF General Services 35,045
Fund Group $ 29,644,551 $ 29,581,955 35,048
Federal Special Revenue Fund Group 35,051
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 35,056
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 35,060
TOTAL FED Federal Special Revenue 35,061
Fund Group $ 4,469,691 $ 4,544,233 35,064
State Special Revenue Fund Group 35,067
4A3 870-614 Grade Crossing 35,070
Protection
Devices-State $ 1,242,480 $ 1,275,759 35,072
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 35,077
4S6 870-618 Hazardous Material 35,080
Registration $ 621,388 $ 626,809 35,082
4S6 870-621 Hazardous Materials 35,085
Base State
Registration $ 348,046 $ 356,399 35,087
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 35,092
559 870-605 Public Utilities 35,094
Territorial
Administration $ 4,688 $ 4,801 35,096
560 870-607 Special Assessment $ 100,000 $ 100,000 35,100
561 870-606 Power Siting Board $ 300,000 $ 297,893 35,104
638 870-611 Biofuels/Municipal 35,106
Waste Technology $ 69,196 $ 69,908 35,108
661 870-612 Hazardous Materials 35,110
Transportation $ 800,000 $ 800,000 35,112
TOTAL SSR State Special Revenue 35,113
745
Fund Group $ 3,900,596 $ 3,945,105 35,116
Agency Fund Group 35,119
4G4 870-616 Base State 35,122
Registration Program $ 7,000,000 $ 7,000,000 35,124
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 35,127
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,071,293 35,132
Elimination of Utility Forecasting Fund 35,135
On July 1, 1999, or as soon thereafter as possible, the 35,137
Director of Budget and Management shall transfer the cash balance 35,138
in the Utility Forecasting Fund (Fund 587) to the Public 35,139
Utilities Fund (Fund 5F6). The director shall cancel any 35,140
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 35,141
appropriation item 870-622, Utility and Railroad Regulation (Fund 35,142
5F6).
Grade Crossing Protection Program 35,144
In appropriation item 870-614, Grade Crossing Protection 35,146
Devices - State, as determined by the Director of Budget and 35,147
Management, the amounts necessary to reestablish prior-year 35,148
encumbrances are hereby appropriated. 35,149
Section 84. RAC STATE RACING COMMISSION 35,151
State Special Revenue Fund Group 35,153
5C4 875-607 Simulcast Horse 35,156
Racing Purse $ 13,664,161 $ 13,989,559 35,158
562 875-601 Thoroughbred Race 35,160
Fund $ 4,327,786 $ 4,431,653 35,162
563 875-602 Standardbred 35,164
Development Fund $ 1,816,934 $ 1,858,533 35,166
564 875-603 Quarterhorse 35,168
Development Fund $ 8,000 $ 8,000 35,170
565 875-604 Racing Commission 35,172
Operating $ 3,975,039 $ 4,012,502 35,174
TOTAL SSR State Special Revenue 35,175
Fund Group $ 23,791,920 $ 24,300,247 35,178
746
Holding Account Redistribution Fund Group 35,181
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 35,186
TOTAL 090 Holding Account 35,187
Redistribution
Fund Group $ 212,900 $ 212,900 35,190
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 35,193
Section 85. DRC DEPARTMENT OF REHABILITATION AND 35,196
CORRECTION 35,197
General Revenue Fund 35,199
GRF 501-321 Institutional 35,201
Operations $ 751,512,763 $ 790,304,677 35,203
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 35,207
GRF 501-405 Halfway House $ 31,898,765 $ 34,277,931 35,211
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 35,215
GRF 501-407 Community 35,217
Nonresidential
Programs $ 15,986,812 $ 16,466,767 35,219
GRF 501-408 Community Misdemeanor 35,221
Programs $ 8,431,580 $ 8,676,220 35,223
GRF 501-501 Community Residential 35,225
Programs-CBCF $ 47,460,173 $ 52,859,374 35,228
GRF 502-321 Mental Health 35,230
Services $ 73,829,408 $ 75,809,266 35,232
GRF 503-321 Parole and Community 35,234
Operations $ 73,414,938 $ 73,040,275 35,236
GRF 504-321 Administrative 35,238
Operations $ 27,787,499 $ 28,016,367 35,240
GRF 505-321 Institution Medical 35,242
Services $ 122,883,126 $ 126,283,661 35,244
GRF 506-321 Institution Education 35,246
Services $ 22,753,530 $ 23,455,913 35,248
GRF 507-321 Institution Recovery 35,250
Services $ 6,337,366 $ 6,393,616 35,252
TOTAL GRF General Revenue Fund $1,312,453,765 $1,374,738,443 35,255
747
General Services Fund Group 35,257
4B0 501-601 Penitentiary Sewer 35,260
Treatment Facility
Services $ 1,414,841 $ 1,438,983 35,262
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 35,266
4L4 501-604 Transitional Control $ 374,648 $ 384,745 35,270
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 35,274
483 501-605 Property Receipts $ 346,822 $ 346,821 35,278
5H8 501-617 Offender Financial 35,280
Responsibility $ 406,627 $ 426,959 35,282
571 501-606 Training Academy 35,284
Receipts $ 69,903 $ 71,567 35,286
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 35,290
TOTAL GSF General Services 35,291
Fund Group $ 30,421,981 $ 31,091,632 35,294
Federal Special Revenue Fund Group 35,296
3S1 501-615 Truth-In-Sentencing 35,299
Grants $ 15,000,000 $ 15,000,000 35,301
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 35,305
TOTAL FED Federal Special Revenue 35,306
Fund Group $ 26,190,999 $ 24,548,001 35,309
Intragovernmental Service Fund Group 35,312
148 501-602 Services and 35,315
Agricultural $ 95,133,830 $ 100,126,370 35,317
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 35,321
TOTAL ISF Intragovernmental 35,322
Service Fund Group $ 141,425,830 $ 147,806,369 35,325
TOTAL ALL BUDGET FUND GROUPS $1,510,492,575 $1,578,184,445 35,328
Ohio Building Authority Lease Payments 35,331
The foregoing appropriation item 501-406, Lease Rental 35,333
Payments, shall be used for payments to the Ohio Building 35,335
Authority for the period July 1, 1999, to June 30, 2001, pursuant 35,336
to the primary leases and agreements for those buildings made 35,337
under Chapter 152. of the Revised Code in the amount of
748
$250,400,000 which are the source of funds pledged for bond 35,338
service charges on related obligations issued pursuant to Chapter 35,340
152. of the Revised Code.
Prisoner Compensation 35,342
Money from the foregoing appropriation item 501-403, 35,344
Prisoner Compensation, shall be transferred on a quarterly basis 35,345
by intrastate transfer voucher to Fund 148 for the purposes of 35,347
paying prisoner compensation. 35,348
Inmate Development Program 35,350
Of the foregoing appropriation item 503-321, Parole and 35,352
Community Operations, at least $30,000 in each fiscal year shall 35,353
be used for an inmate development program. 35,354
Section 86. RSC REHABILITATION SERVICES COMMISSION 35,356
General Revenue Fund 35,358
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 35,363
GRF 415-401 Personal Care 35,365
Assistance $ 788,624 $ 807,551 35,367
GRF 415-402 Independent Living 35,369
Council $ 401,278 $ 410,909 35,371
GRF 415-403 Mental Health 35,373
Services $ 759,578 $ 777,807 35,375
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 35,379
GRF 415-405 Vocational 35,381
Rehabilitation/Human
Services $ 568,620 $ 582,267 35,383
GRF 415-431 Office for People 35,385
with Brain Injury $ 197,921 $ 202,697 35,387
GRF 415-506 Services for People 35,389
with Disabilities $ 11,235,077 $ 11,531,180 35,391
GRF 415-508 Services for the Deaf $ 48,365 $ 49,526 35,395
GRF 415-509 Services for the 35,397
Elderly $ 380,602 $ 389,736 35,399
GRF 415-520 Independent Living 35,401
Services $ 61,492 $ 62,967 35,403
749
TOTAL GRF General Revenue Fund $ 23,757,873 $ 24,047,068 35,406
General Services Fund Group 35,409
4W5 415-606 Administrative 35,412
Expenses $ 17,263,146 $ 17,721,525 35,414
467 415-609 Business Enterprise 35,416
Operating Expenses $ 1,676,209 $ 1,723,110 35,418
TOTAL GSF General Services 35,419
Fund Group $ 18,939,355 $ 19,444,635 35,422
Federal Special Revenue Fund Group 35,425
3L1 415-601 Social Security 35,428
Personal Care
Assistance $ 3,453,086 $ 3,701,386 35,430
3L1 415-605 Social Security 35,432
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 35,434
3L1 415-607 Social Security 35,436
Administration Cost $ 143,887 $ 139,760 35,438
3L1 415-608 Social Security 35,440
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 35,442
3L1 415-610 Social Security 35,444
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 35,446
3L1 415-614 Social Security 35,448
Independent Living $ 294,454 $ 294,454 35,450
3L4 415-611 Federal-Independent 35,452
Living Council $ 192,645 $ 198,039 35,454
3L4 415-612 Federal-Independent 35,456
Living Centers or
Services $ 551,791 $ 567,241 35,458
3L4 415-615 Federal - Supported 35,460
Employment $ 1,441,674 $ 1,441,674 35,462
3L4 415-617 Independent 35,464
Living/Vocational
750
Rehabilitation
Programs $ 450,000 $ 450,000 35,466
3T6 415-621 Human Services 35,468
Personal Care
Assistance $ 240,000 $ 240,000 35,470
317 415-620 Disability 35,472
Determination $ 63,511,419 $ 64,008,286 35,474
379 415-616 Federal-Vocational 35,476
Rehabilitation $ 114,858,693 $ 115,069,636 35,478
TOTAL FED Federal Special 35,479
Revenue Fund Group $ 190,203,955 $ 191,176,782 35,482
State Special Revenue Fund Group 35,484
4L1 415-619 Services for 35,486
Rehabilitation $ 3,474,278 $ 3,450,658 35,488
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 35,492
TOTAL SSR State Special 35,493
Revenue Fund Group $ 8,599,912 $ 8,385,324 35,496
TOTAL ALL BUDGET FUND GROUPS $ 241,501,095 $ 243,053,809 35,499
Stand Concessions Fund--Crediting of Income 35,502
In crediting interest and other income earned on moneys 35,504
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 35,505
of State and Director of Budget and Management shall ensure that 35,506
the requirements of section 3304.35 of the Revised Code are met. 35,507
Personal Care Assistance 35,509
The foregoing appropriation item 415-401, Personal Care 35,511
Assistance, shall be used in addition to the federal Social 35,512
Security reimbursement funds to provide personal care assistance 35,514
services. These funds shall not be used in lieu of the Social 35,515
Security reimbursement funds.
MR/DD Services 35,517
The foregoing appropriation item 415-404, MR/DD Services, 35,519
shall be used as state matching funds to provide vocational 35,520
rehabilitation services to mutually eligible clients between the 35,521
Rehabilitation Services Commission and the Department of Mental 35,523
751
Retardation and Developmental Disabilities. The Rehabilitation 35,524
Services Commission shall report to the Department of Mental 35,525
Retardation and Developmental Disabilities, as outlined in an 35,526
interagency agreement, on the number and status of mutually 35,527
eligible clients and the status of the funds and expenditures for 35,528
these clients.
Vocational Rehabilitation/Human Services 35,530
The foregoing appropriation item 415-405, Vocational 35,532
Rehabilitation/Human Services, shall be used as state matching 35,533
funds to provide vocational rehabilitation services to mutually 35,534
eligible clients between the Rehabilitation Services Commission 35,535
and the Department of Human Services. The Rehabilitation 35,536
Services Commission shall report to the Department of Human 35,537
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 35,538
funds and expenditures for these clients. 35,539
Office for People with Brain Injury 35,541
Of the foregoing appropriation item 415-431, Office for 35,543
People with Brain Injury, $100,000 in each fiscal year shall be 35,544
used for the state match for a federal grant awarded through the 35,546
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 35,547
appropriation in this item shall be used to plan and coordinate 35,548
head-injury-related services provided by state agencies and other 35,549
government or private entities, to assess the needs for such 35,550
services, and to set priorities in this area. 35,551
Services for the Deaf 35,553
The foregoing appropriation item 415-508, Services for the 35,555
Deaf, shall be used to supplement the federal Social Security 35,556
reimbursement funds used to provide grants to community centers 35,557
for the deaf. These funds shall not be used in lieu of Social 35,558
Security reimbursement funds. 35,559
Services for the Elderly 35,561
The foregoing appropriation item 415-509, Services for the 35,563
Elderly, shall be used as matching funds for vocational 35,564
752
rehabilitation services for eligible elderly citizens with a 35,565
disability. 35,566
Social Security Reimbursement Funds 35,568
Reimbursement funds received from the Social Security 35,570
Administration, United States Department of Health and Human 35,571
Services, for the costs of providing services and training to 35,572
return disability recipients to gainful employment, shall be used 35,573
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 35,575
(A) Appropriation item 415-601, Social Security Personal 35,577
Care Assistance, to provide personal care services in accordance 35,579
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 35,581
Centers for the Deaf, to provide grants to community centers for 35,583
the deaf in Ohio for services to individuals with hearing 35,584
impairments;
(C) Appropriation item 415-607, Social Security 35,586
Administration Cost, to provide administrative services needed to 35,588
administer the Social Security reimbursement program; 35,589
(D) Appropriation item 415-610, Social Security Vocational 35,591
Rehabilitation, to provide vocational rehabilitation services to 35,592
individuals with severe disabilities to achieve a noncompetitive 35,593
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 35,595
Programs/Assistance, to provide vocational rehabilitation 35,596
services to individuals with severe disabilities, who are Social 35,597
Security beneficiaries, to achieve competitive employment. This 35,598
item also includes funds to assist the Personal Care Assistance, 35,599
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 35,600
Circular A-87. 35,601
Administrative Expenses 35,603
The foregoing appropriation item 415-606, Administrative 35,605
Expenses, shall be used to support the administrative functions 35,606
of the commission related to the provision of vocational 35,607
753
rehabilitation, disability determination services, and ancillary 35,608
programs.
Independent Living Council 35,610
The foregoing appropriation items 415-402, Independent 35,612
Living Council, and 415-611, Federal-Independent Living Council, 35,613
shall be used to fund the operations of the State Independent 35,614
Living Council.
Mental Health Services 35,616
The foregoing appropriation item 415-403, Mental Health 35,618
Services, shall be used for the provision of vocational 35,619
rehabilitation services to mutually eligible consumers of the 35,620
Rehabilitation Services Commission and the Department of Mental 35,622
Health.
The Department of Mental Health shall receive a quarterly 35,624
report from the Rehabilitation Services Commission stating the 35,625
numbers served, numbers placed in employment, average hourly 35,627
wage, and average hours worked.
Independent Living Services 35,629
The foregoing appropriation items 415-520, Independent 35,631
Living Services, and 415-612, Federal-Independent Living Centers 35,632
or Services, shall be used to support state independent living 35,633
centers or independent living services pursuant to Title VII of 35,634
the "Independent Living Services and Centers for Independent 35,636
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 35,637
Independent Living/Vocational Rehabilitation Programs 35,639
The foregoing appropriation item 415-617, Independent 35,641
Living/Vocational Rehabilitation Programs, shall be used to 35,642
support vocational rehabilitation programs, including, but not 35,643
limited to, Projects with Industry and Training Grants. 35,644
Human Services Personal Care Assistance 35,646
The foregoing appropriation item 415-621, Human Services 35,648
Personal Care Assistance, shall be used for two pilot projects, 35,649
one in Franklin County and one in Cuyahoga County, to place 25 35,650
754
TANF-eligible persons into jobs as personal care assistants. 35,651
Section 87. RCB RESPIRATORY CARE BOARD 35,653
General Services Fund Group 35,655
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 35,660
TOTAL GSF General Services 35,661
Fund Group $ 266,576 $ 271,144 35,664
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 35,667
Section 88. REVENUE DISTRIBUTION FUNDS 35,670
Volunteer Firemen's Dependents Fund 35,672
085 800-900 Volunteer Firemen's 35,675
Dependents Fund $ 200,000 $ 200,000 35,677
TOTAL 085 Volunteer Firemen's 35,678
Dependents Fund $ 200,000 $ 200,000 35,681
Agency Fund Group 35,682
062 110-900 Resort Area Excise 35,684
Tax $ 250,000 $ 250,000 35,686
063 110-900 Permissive Tax 35,688
Distribution $1,291,217,300 $1,342,814,000 35,690
067 110-900 School District 35,692
Income Tax Fund $ 145,000,000 $ 155,000,000 35,694
4P8 001-698 Cash Management 35,696
Improvement Fund $ 2,000,000 $ 2,000,000 35,698
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 35,702
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 35,705
International Fuel Tax Distribution Fund 35,707
R45 110-617 International Fuel 35,710
Tax Distribution $ 44,100,000 $ 44,100,000 35,712
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 35,715
Distribution Fund
Revenue Distribution Fund Group 35,716
049 038-900 Indigent Drivers 35,718
Alcohol Treatment $ 1,900,000 $ 1,900,000 35,720
050 762-900 International 35,722
Registration Plan
755
Distribution $ 45,000,000 $ 47,250,000 35,724
051 762-901 Auto Registration 35,726
Distribution Fund $ 448,300,000 $ 448,300,000 35,728
060 110-900 Gasoline Excise Tax 35,730
Fund $ 110,977,700 $ 113,752,100 35,732
064 110-900 Local Government 35,734
Revenue Assistance $ 93,211,200 $ 97,797,000 35,736
065 110-900 Library/Local 35,738
Government Support
Fund $ 443,933,100 $ 472,336,200 35,740
066 800-900 Undivided Liquor 35,742
Permit Fund $ 13,300,000 $ 13,300,000 35,744
068 110-900 State/Local 35,746
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 35,748
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 35,752
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 35,756
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 35,760
TOTAL RDF Revenue Distribution 35,761
Fund Group $2,045,837,700 $2,121,513,800 35,764
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 35,767
Distribution of Horse Racing Tax Fund 35,770
Notwithstanding division (K) of section 3769.08 of the 35,772
Revised Code, for fiscal years 2000 and 2001, the Tax 35,773
Commissioner shall provide for payment to the treasurer of each 35,774
agricultural society the amount of taxes collected under this 35,775
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 35,776
Additional Appropriations 35,778
Appropriation line items in this section are to be used for 35,780
the purpose of administering and distributing the designated 35,781
revenue distributions fund according to the Revised Code. If it 35,782
is determined that additional appropriations are necessary, such 35,783
amounts are hereby appropriated. 35,784
756
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 35,786
General Services Fund Group 35,788
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 35,793
TOTAL GSF General Services 35,794
Fund Group $ 102,534 $ 102,252 35,797
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 35,800
Section 90. SOS SECRETARY OF STATE 35,803
General Revenue Fund 35,805
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 35,810
GRF 050-403 Election Statistics $ 133,000 $ 150,000 35,814
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 35,818
GRF 050-409 Litigation 35,820
Expenditures $ 26,750 $ 26,750 35,822
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 35,825
General Services Fund Group 35,827
4B9 050-608 Campaign Finance Disk 35,830
Sales $ 1,000 $ 1,000 35,832
4S8 050-610 Board of Voting 35,834
Machine Examiners $ 7,200 $ 7,200 35,836
413 050-601 Information Systems $ 181,900 $ 150,000 35,840
414 050-602 Citizen Education 35,842
Fund $ 30,000 $ 30,000 35,844
TOTAL General Services Fund Group $ 220,100 $ 188,200 35,847
State Special Revenue Fund Group 35,849
599 050-603 Business Services 35,852
Operating Expenses $ 5,200,000 $ 5,200,000 35,854
TOTAL SSR State Special Revenue 35,855
Fund Group $ 5,200,000 $ 5,200,000 35,858
Holding Account Redistribution Fund Group 35,860
R01 050-605 Uniform Commercial 35,863
Code Refunds $ 65,000 $ 65,000 35,865
R02 050-606 Corporate/Business 35,867
Filing Refunds $ 185,000 $ 185,000 35,869
TOTAL 090 Holding Account 35,870
757
Redistribution Fund Group $ 250,000 $ 250,000 35,873
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 35,876
Board of Voting Machine Examiners 35,879
The foregoing appropriation item 050-610, Board of Voting 35,881
Machine Examiners, shall be used to pay for the services and 35,882
expenses of the members of the Board of Voting Machine Examiners, 35,883
and for other expenses which are authorized to be paid from the 35,884
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 35,885
returned to the person or entity submitting the equipment for 35,886
examination. If it is determined that additional appropriations 35,887
are necessary, such amounts are hereby appropriated. 35,888
Holding Account Redistribution Group 35,890
The foregoing appropriation items 050-605 and 050-606, 35,892
Holding Account Redistribution Fund Group, shall be used to hold 35,893
revenues until they are directed to the appropriate accounts or 35,894
until they are refunded. If it is determined that additional 35,895
appropriations are necessary, such amounts are hereby 35,896
appropriated.
Section 91. SEN THE OHIO SENATE 35,898
General Revenue Fund 35,900
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 35,905
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 35,908
General Services Fund Group 35,910
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 35,915
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 35,919
TOTAL GSF General Services 35,920
Fund Group $ 433,724 $ 433,724 35,923
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 35,926
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 35,929
General Revenue Fund 35,931
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 35,936
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 35,939
Debt Service Fund Group 35,941
758
071 155-900 Highway Obligations 35,944
Bond Retirement Fund $ 53,642,000 $ 51,636,000 35,946
072 155-900 Highway Capital 35,948
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 35,950
073 155-900 Natural Resources 35,952
Bond Retirement $ 12,865,000 $ 15,700,000 35,954
076 155-900 Coal Research and 35,956
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 35,958
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 35,961
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 35,964
Additional Appropriations 35,966
Appropriation items in this section are for the purpose of 35,968
paying the principal and interest on bonds or other instruments 35,969
of indebtedness of this state issued pursuant to the Ohio 35,970
Constitution and acts of the General Assembly. If it is 35,971
determined that additional appropriations are necessary, such 35,972
amounts are hereby appropriated. 35,973
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 35,975
& AUDIOLOGY 35,976
General Services Fund Group 35,978
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 35,982
TOTAL GSF General Services 35,983
Fund Group $ 328,710 $ 325,685 35,986
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 35,989
Section 94. SLG STATE AND LOCAL GOVERNMENT 35,992
COMMISSION OF OHIO 35,993
General Revenue Fund 35,995
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 36,000
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 36,003
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 36,006
Section 95. BTA BOARD OF TAX APPEALS 36,009
General Revenue Fund 36,011
759
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 36,016
GRF 116-200 Maintenance $ 130,350 $ 137,084 36,020
GRF 116-300 Equipment $ 6,965 $ 35,275 36,024
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 36,027
General Services Fund Group 36,030
439 116-602 Reproduction of 36,033
Decisions $ 10,000 $ 10,300 36,035
TOTAL GSF General Services 36,036
Fund Group $ 10,000 $ 10,300 36,039
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 36,042
Section 96. TAX DEPARTMENT OF TAXATION 36,045
General Revenue Fund 36,047
GRF 110-100 Personal Services $ 73,181,779 $ 71,709,270 36,052
GRF 110-200 Maintenance $ 12,891,094 $ 13,200,480 36,056
GRF 110-300 Equipment $ 4,636,933 $ 4,748,219 36,060
GRF 110-410 Energy Credit 36,062
Administration $ 697,653 $ 694,814 36,064
GRF 110-412 Child Support 36,066
Administration $ 58,872 $ 60,285 36,068
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 36,072
GRF 110-901 Property Tax 36,074
Allocation-Taxation $ 342,000,000 $ 362,140,000 36,076
GRF 110-906 Tangible Tax 36,078
Exemption - Taxation $ 28,000,000 $ 29,000,000 36,081
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 36,084
Agency Fund Group 36,086
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 36,091
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 36,094
General Services Fund Group 36,097
433 110-602 Tape File Account $ 85,172 $ 87,557 36,102
TOTAL GSF General Services 36,103
Fund Group $ 85,172 $ 87,557 36,106
State Special Revenue Fund Group 36,109
760
4C6 110-616 International 36,112
Registration Plan $ 588,652 $ 622,127 36,114
4R6 110-610 Tire Tax 36,116
Administration $ 146,661 $ 150,768 36,118
435 110-607 Local Tax 36,120
Administration $ 10,846,962 $ 11,108,705 36,122
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 36,126
437 110-606 Litter Tax and 36,128
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 36,130
438 110-609 School District 36,132
Income Tax $ 2,657,080 $ 2,711,122 36,134
639 110-614 Cigarette Tax 36,136
Enforcement $ 147,891 $ 151,711 36,138
642 110-613 Ohio Political Party 36,140
Distributions $ 800,000 $ 800,000 36,142
688 110-615 Local Excise Tax 36,144
Administration $ 335,218 $ 343,721 36,146
TOTAL SSR State Special Revenue 36,147
Fund Group $ 18,387,907 $ 18,832,500 36,150
Federal Special Revenue Fund Group 36,153
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 36,158
3J7 110-603 International Fuel 36,160
Tax Agreement $ 92,471 $ 80,000 36,162
TOTAL FED Federal Special Revenue 36,163
Fund Group $ 171,288 $ 130,000 36,166
Holding Account Redistribution Fund Group 36,169
R10 110-611 Tax Distributions $ 200,000 $ 200,000 36,174
R11 110-612 Miscellaneous Income 36,176
Tax Receipts $ 500,000 $ 500,000 36,178
TOTAL 090 Holding Account 36,179
Redistribution Fund Group $ 700,000 $ 700,000 36,182
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 36,185
Litter Control Tax Administration Fund 36,188
761
Notwithstanding section 5733.12 of the Revised Code, during 36,190
the period from July 1, 1999, to June 30, 2000, the amount of 36,191
$1,340,059, and during the period from July 1, 2000, to June 30, 36,192
2001, the amount of $1,374,701, received by the Treasurer of 36,193
State under Chapter 5733. of the Revised Code, shall be credited 36,194
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 36,195
State with a monthly schedule in accordance with which the 36,196
amounts shall be credited.
International Registration Plan Audit 36,198
The foregoing appropriation item 110-616, International 36,200
Registration Plan, shall be used pursuant to section 5703.12 of 36,201
the Revised Code for audits of persons with vehicles registered 36,203
under the International Registration Plan. 36,204
Homestead Exemption, Property Tax Rollback, and Tangible 36,206
Tax Exemption 36,207
The appropriation item 110-901, Property Tax Allocation - 36,209
Taxation, made to the Department of Taxation, is appropriated to 36,210
pay for the state's costs incurred due to the Homestead Exemption 36,211
and the Property Tax Rollback. The Tax Commissioner shall 36,212
distribute these funds directly to the appropriate local taxing 36,213
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 36,214
the Revised Code, which provide for payment of the Homestead 36,215
Exemption and Property Tax Rollback by the Tax Commissioner to 36,216
the appropriate county treasurer and the subsequent 36,217
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 36,218
The appropriation item 110-906, Tangible Tax Exemption - 36,220
Taxation, made to the Department of Taxation, is appropriated to 36,221
pay for the state's costs incurred due to the tangible personal 36,222
property tax exemption required by division (C)(3) of section 36,223
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 36,224
762
the county treasurer pursuant to section 319.311 of the Revised 36,225
Code for all local taxing districts located in the county except 36,226
for school districts, notwithstanding the provision in section 36,227
319.311 of the Revised Code which provides for payment of the 36,228
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 36,229
taxing districts located in the county including school 36,230
districts. Pursuant to division (G) of section 321.24 of the 36,231
Revised Code, the county auditor shall distribute the amount paid 36,232
by the Tax Commissioner among the appropriate local taxing 36,233
districts except for school districts.
Upon receipt of these amounts, each local taxing district 36,235
shall distribute the amount among the proper funds as if it had 36,236
been paid as real or tangible personal property taxes. Payments 36,237
for the costs of administration shall continue to be paid to the 36,238
county treasurer and county auditor as provided for in sections 36,239
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 36,241
appropriated in appropriation items 110-901, Property Tax 36,242
Allocation - Taxation, for the Homestead Exemption and the 36,243
Property Tax Rollback payments, and 110-906, Tangible Tax 36,244
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 36,245
these purposes, are hereby appropriated. 36,246
Section 97. DOT DEPARTMENT OF TRANSPORTATION 36,248
Transportation Modes 36,249
General Revenue Fund 36,251
GRF 775-451 Public Transportation 36,254
- State $ 27,970,941 $ 28,589,210 36,256
GRF 775-453 Waterfront Line Lease 36,258
Payments - State $ 1,781,000 $ 1,786,000 36,260
GRF 775-456 Public 36,262
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 36,265
763
GRF 775-458 Elderly and Disabled 36,267
Fare Assistance $ 3,285,159 $ 3,364,000 36,269
GRF 776-465 Ohio Rail Development 36,271
Commission $ 5,805,000 $ 5,780,800 36,273
GRF 777-471 Airport Improvements 36,275
- State $ 2,665,000 $ 2,679,525 36,277
GRF 777-473 Rickenbacker Lease 36,279
Payments - State $ 995,000 $ 997,000 36,281
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 36,284
Federal Special Revenue Fund Group 36,287
3B9 776-662 Rail Transportation - 36,290
Federal $ 1,000,000 $ 1,000,000 36,292
TOTAL FSR Federal Special Revenue 36,293
Fund Group $ 1,000,000 $ 1,000,000 36,296
State Special Revenue Fund Group 36,299
4N4 776-663 Panhandle Lease 36,302
Payments $ 769,000 $ 770,000 36,304
4N4 776-664 Rail Transportation - 36,306
Other $ 500,000 $ 500,000 36,308
TOTAL SSR State Special Revenue 36,309
Fund Group $ 1,269,000 $ 1,270,000 36,312
TOTAL ALL BUDGET FUND GROUPS $ 48,147,000 $ 48,923,457 36,315
Geauga County Airport Authority 36,318
Of the foregoing appropriation item, 777-471, Airport 36,320
Improvements - State, $30,000 in fiscal year 2000 shall be used 36,321
to support the Geauga County Airport Authority. 36,322
Aviation Lease Payments 36,324
The foregoing appropriation item 777-473, Rickenbacker 36,326
Lease Payments - State, shall be used to meet scheduled payments 36,327
for the Rickenbacker Port Authority. The Director of 36,328
Transportation shall certify to the Director of Budget and 36,329
Management any appropriations in appropriation item 777-473, 36,330
Rickenbacker Lease Payments - State, that are not needed to make 36,331
lease payments for the Rickenbacker Port Authority. 36,332
764
Notwithstanding section 127.14 of the Revised Code, the amount 36,333
certified may be transferred by the Director of Budget and 36,334
Management to appropriation item 777-471, Airport Improvements - 36,335
State.
Transfer of Appropriations - Public Transportation 36,337
The Director of Budget and Management may approve requests 36,339
from the Department of Transportation for the transfer of 36,340
appropriations among appropriation item 775-451, Public 36,341
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 36,342
775-458, Elderly and Disabled Fare Assistance. Transfers among 36,343
appropriation items shall be made upon the written request of the 36,345
Director of Transportation with the approval of the Director of 36,347
Budget and Management. Such transfers shall be reported to the 36,348
Controlling Board at the next regularly scheduled meeting of the 36,349
board.
Section 98. TOS TREASURER OF STATE 36,351
General Revenue Fund 36,353
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 36,358
GRF 090-401 Commissioners of the 36,360
Sinking Fund $ 370,530 $ 381,400 36,362
GRF 090-402 Continuing Education $ 413,278 $ 442,207 36,366
GRF 090-510 PERS Cost of Living $ 136 $ 100 36,370
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 36,374
GRF 090-512 SERS Cost of Living $ 600 $ 600 36,378
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 36,382
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 36,386
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 36,390
GRF 090-523 Highway Patrol 36,392
Retirement System $ 4,156 $ 4,050 36,394
GRF 090-524 Police and Fire 36,396
Disability Pension $ 50,000 $ 45,000 36,398
GRF 090-530 PERS Ad Hoc Cost of 36,400
Living $ 616,410 $ 472,897 36,402
765
GRF 090-531 STRS Ad Hoc Cost of 36,404
Living $ 1,600,000 $ 1,500,000 36,406
GRF 090-532 SERS Ad Hoc Cost of 36,408
Living $ 236,000 $ 213,000 36,410
GRF 090-533 Hwy Patrol Ad Hoc 36,412
Cost of Living $ 24,990 $ 24,800 36,414
GRF 090-534 Police & Fire Ad Hoc 36,416
Cost of Living $ 325,000 $ 300,000 36,418
GRF 090-544 Police and Fire State 36,420
Contribution $ 1,200,000 $ 1,200,000 36,422
GRF 090-554 Police and Fire 36,424
Survivor Benefits $ 1,740,000 $ 1,670,000 36,426
GRF 090-575 Police and Fire Death 36,428
Benefits $ 19,500,000 $ 20,800,000 36,430
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 36,434
TOTAL GRF General Revenue Fund $ 156,836,656 $ 167,120,937 36,437
General Services Fund Group 36,440
182 090-608 Financial Planning 36,443
Commissions $ 12,000 $ 12,000 36,445
4E9 090-603 Securities Lending 36,447
Income Fund $ 5,185,804 $ 6,169,140 36,449
4NO 090-611 Treasury Education 36,451
Fund $ 27,500 $ 27,500 36,453
577 090-605 Investment Pool 36,455
Reimbursement $ 1,000,000 $ 750,000 36,457
605 090-609 Treasurer of State 36,459
Administrative Fund $ 850,000 $ 600,000 36,461
TOTAL GSF General Services 36,462
Fund Group $ 7,075,304 $ 7,558,640 36,465
Debt Service Fund Group 36,468
077 090-900 Capital Improvements 36,471
Bond Service $ 122,500,000 $ 132,365,000 36,473
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 36,476
State Special Revenue Fund Group 36,478
766
5C5 090-602 County Treasurer 36,481
Education $ 110,000 $ 110,000 36,483
TOTAL SSR State Special Revenue 36,484
Fund Group $ 110,000 $ 110,000 36,487
TOTAL ALL BUDGET FUND GROUPS $ 286,521,960 $ 307,154,577 36,490
Section 98.01. Commissioners of the Sinking Fund 36,493
The foregoing appropriation item 090-401, Commissioners of 36,495
the Sinking Fund, shall be used for all costs incurred by order 36,496
of, or on behalf of, the Commissioners of the Sinking Fund, with 36,497
respect to the issuance and sale of bonds or other obligations, 36,498
including, but not limited to, engraving, printing, advertising, 36,499
and other related outlays. The General Revenue Fund shall be 36,500
reimbursed for such costs on intrastate transfer voucher drawn by 36,502
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 36,504
used. The amounts necessary to make such reimbursements are 36,505
hereby appropriated from the bond retirement funds created by the 36,506
laws and Constitution of this state to the extent such costs are 36,507
incurred.
Capital Improvements Bond Service 36,509
The foregoing appropriation item 090-900, Capital 36,511
Improvements Bond Service, shall be used for the purpose of 36,512
paying the principal and interest on General Obligation 36,513
Infrastructure Improvement Bonds issued pursuant to the Ohio 36,514
Constitution and acts of the General Assembly. If it is 36,515
determined that additional appropriations are necessary, such 36,516
amounts are hereby appropriated. 36,517
Section 98.02. Police and Firemen's Death Benefit Fund 36,520
The foregoing appropriation item 090-575, Police and Fire 36,522
Death Benefits, shall be disbursed by the Treasurer of State in 36,523
quarterly payments at the beginning of each quarter to the Board 36,524
of Trustees of the Police and Firemen's Disability and Pension 36,525
Fund. By June 20 of each year, the Board of Trustees of the 36,526
Police and Firemen's Disability and Pension Fund shall certify to 36,527
767
the Treasurer of State the amount disbursed in each quarter of 36,528
the current fiscal year to make the payments required by section 36,529
742.63 of the Revised Code and shall return to the Treasurer of 36,530
State moneys received from this item but not disbursed. 36,531
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 36,533
RELEASE COMPENSATION BOARD 36,534
State Special Revenue Fund Group 36,536
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 36,541
TOTAL SSR State Special Revenue 36,542
Fund Group $ 908,000 $ 927,924 36,545
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 36,548
Section 100. OVH OHIO VETERANS' HOME 36,551
General Revenue Fund 36,553
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 36,558
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 36,562
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 36,565
General Services Fund Group 36,568
218 430-606 Veterans Hall of Fame $ 10,000 $ 10,000 36,573
TOTAL GSF General Services 36,574
Fund Group $ 10,000 $ 10,000 36,577
Federal Special Revenue Fund Group 36,580
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 36,585
TOTAL FED Federal Special Revenue 36,586
Fund Group $ 7,949,495 $ 7,949,495 36,589
State Special Revenue Fund Group 36,592
4E2 430-602 Veterans Home 36,595
Operating $ 4,400,000 $ 4,300,000 36,597
484 430-603 Rental and Service 36,599
Revenue $ 102,300 $ 104,755 36,601
604 430-604 Veterans Home 36,603
Improvement $ 593,175 $ 607,411 36,605
TOTAL SSR State Special Revenue 36,606
Fund Group $ 5,095,475 $ 5,012,166 36,609
TOTAL ALL BUDGET FUND GROUPS $ 31,889,090 $ 31,910,193 36,612
768
Section 101. VET VETERANS' ORGANIZATIONS 36,615
General Revenue Fund 36,617
VAP AMERICAN EX-PRISONERS OF WAR 36,618
GRF 743-501 State Support $ 24,444 $ 25,030 36,623
VAN ARMY AND NAVY UNION, USA, INC. 36,625
GRF 746-501 State Support $ 53,723 $ 55,012 36,630
VKW KOREAN WAR VETERANS 36,632
GRF 747-501 State Support $ 48,294 $ 49,453 36,637
VJW JEWISH WAR VETERANS 36,639
GRF 748-501 State Support $ 29,018 $ 29,715 36,644
VCW CATHOLIC WAR VETERANS 36,646
GRF 749-501 State Support $ 56,631 $ 57,990 36,651
VPH MILITARY ORDER OF THE PURPLE HEART 36,653
GRF 750-501 State Support $ 55,056 $ 56,377 36,658
VVV VIETNAM VETERANS OF AMERICA 36,660
GRF 751-501 State Support $ 177,947 $ 185,954 36,665
VAL AMERICAN LEGION OF OHIO 36,667
GRF 752-501 State Support $ 241,462 $ 252,328 36,672
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 36,674
GRF 753-501 State Support $ 708,535 $ 217,919 36,679
VAV DISABLED AMERICAN VETERANS 36,681
GRF 754-501 State Support $ 159,146 $ 166,308 36,686
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 36,688
GRF 755-501 State Support $ 4,127 $ 4,226 36,693
VMC MARINE CORPS LEAGUE 36,695
GRF 756-501 State Support $ 82,270 $ 85,972 36,700
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 36,702
GRF 757-501 State Support $ 5,807 $ 5,946 36,707
VFW VETERANS OF FOREIGN WARS 36,709
GRF 758-501 State Support $ 163,846 $ 196,615 36,714
VWI VETERANS OF WORLD WAR I 36,716
GRF 759-501 State Support $ 24,444 $ 25,030 36,721
TOTAL GRF General Revenue Fund $ 1,834,750 $ 1,413,875 36,724
TOTAL ALL BUDGET FUND GROUPS $ 1,834,750 $ 1,413,875 36,727
769
Release of Funds 36,730
The foregoing appropriation items 743-501, 746-501, 36,732
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 36,733
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 36,734
Support, shall be released upon approval by the Director of 36,735
Budget and Management.
American Ex-Prisoners of War 36,737
The American Ex-Prisoners of War shall be permitted to 36,739
share an office with the Veterans of World War I. 36,740
Central Ohio United Services Organization 36,742
Of the foregoing appropriation item 751-501, State Support, 36,744
Vietnam Veterans of America, $50,000 in each fiscal year shall be 36,746
used to support the activities of the Central Ohio USO. 36,747
National World War II Memorial Fund 36,749
Of the foregoing appropriation item 753-501, State Support, 36,751
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 36,752
2000 shall be used for the contribution to the National World War 36,753
II Memorial Fund.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 36,755
General Services Fund Group 36,757
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 36,762
TOTAL GSF General Services 36,763
Fund Group $ 476,815 $ 470,773 36,766
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 36,769
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 36,772
General Revenue Fund 36,774
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 36,779
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 36,782
State Special Revenue Fund Group 36,785
4V9 920-602 Women's Policy and 36,788
Research Commission
Fund $ 5,000 $ 5,000 36,790
TOTAL SSR State Special Revenue 36,791
Fund Group $ 5,000 $ 5,000 36,794
770
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 36,797
Women's Policy and Research Commission Spending Review 36,800
The Women's Policy and Research Commission shall explore, 36,802
with The Ohio State University or any other state university, 36,803
better options for utilizing state resources provided to the 36,804
commission. The commission shall make spending efficiency 36,805
recommendations to the Governor and the General Assembly by June
30, 2000. 36,806
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 36,808
General Revenue Fund 36,810
GRF 470-401 RECLAIM Ohio $ 148,076,420 $ 156,067,444 36,815
GRF 470-402 Community Program 36,817
Services $ 2,337,163 $ 2,393,255 36,819
GRF 470-404 Vocational 36,821
Rehabilitation $ 262,144 $ 268,435 36,823
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 36,827
GRF 470-502 Detention Subsidies $ 7,920,601 $ 8,110,695 36,831
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 36,835
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 36,839
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 36,843
GRF 477-321 Administrative 36,845
Operations $ 13,574,689 $ 13,892,543 36,847
GRF 477-406 Interagency 36,849
Collaborations $ 250,000 $ 250,000 36,851
TOTAL GRF General Revenue Fund $ 226,871,182 $ 235,958,789 36,854
General Services Fund Group 36,857
175 470-613 Education 36,860
Reimbursement $ 8,234,088 $ 8,433,953 36,862
4A2 470-602 Child Support $ 207,192 $ 302,659 36,866
4G6 470-605 General Operational 36,868
Funds $ 10,000 $ 10,000 36,870
479 470-609 Employee Food Service $ 142,613 $ 140,263 36,874
523 470-621 Wellness Program $ 63,800 $ 63,800 36,878
TOTAL GSF General Services 36,879
771
Fund Group $ 8,657,693 $ 8,950,675 36,882
Federal Special Revenue Fund Group 36,885
321 470-601 Education $ 1,267,834 $ 1,653,736 36,890
321 470-603 Juvenile Justice 36,892
Prevention $ 1,134,083 $ 1,129,410 36,894
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 36,898
321 470-610 Rehabilitation 36,899
Programs $ 179,326 $ 179,326 36,901
321 470-614 Title IV-E 36,903
Reimbursements $ 5,628,234 $ 5,417,088 36,905
321 470-617 Americorps Programs $ 248,617 $ 248,617 36,908
TOTAL FED Federal Special Revenue 36,909
Fund Group $ 11,177,187 $ 11,423,405 36,912
State Special Revenue Fund Group 36,915
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 36,920
TOTAL SSR State Special Revenue 36,921
Fund Group $ 1,864,791 $ 1,911,569 36,924
TOTAL ALL BUDGET FUND GROUPS $ 248,570,853 $ 258,244,438 36,927
Ohio Building Authority Lease Payments 36,930
The foregoing appropriation item 470-412, Lease Rental 36,932
Payments, in the Department of Youth Services, shall be used for 36,933
payments, limited to the aggregate amount of $29,975,000, to the 36,934
Ohio Building Authority for the period from July 1, 1999, to June 36,935
30, 2001, pursuant to the primary leases and agreements for 36,936
facilities made under Chapter 152. of the Revised Code which are 36,937
the source of funds pledged for bond service charges on related 36,938
obligations issued pursuant to Chapter 152. of the Revised Code. 36,939
RECLAIM Ohio 36,941
In determining the amount of moneys necessary to fund the 36,943
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 36,944
years 2000 and 2001, the Department of Youth Services shall 36,945
compute the number of state target youth for each fiscal year. 36,946
As defined in section 5139.01 of the Revised Code, "state target 36,948
youth" means twenty-five per cent of the projected total number 36,949
772
of felony-level delinquency adjudications in the juvenile courts 36,950
for each year of a biennium, factoring in revocations and 36,951
recommitments. The foregoing appropriation item 470-401, RECLAIM 36,952
Ohio, shall provide for an amount not less than $98 per day for 36,953
each state target youth or not less than $20,000 per year for 36,954
each state target youth for each year of the biennium. 36,955
Notwithstanding division (B)(2)(a)(i) of section 5139.43 of 36,957
the Revised Code, the determination of which county a reduction 36,958
of the monthly care and custody allocation will be charged 36,959
against for a particular youth shall be made as outlined below 36,960
for all youths who do not qualify as public safety beds. The 36,961
determination of which county a reduction of the monthly care and 36,962
custody allocation will be charged against shall be made as
follows until each youth is released: 36,963
(A) In the event of a commitment, the reduction shall be 36,965
charged against the committing county. 36,966
(B) In the event of a recommitment, the reduction shall be 36,968
charged against the original committing county until the 36,969
expiration of the minimum period of institutionalization under 36,970
the original order of commitment or until the date on which the 36,971
youth is admitted to the Department of Youth Services pursuant to
the order of recommitment, whichever is later. Reductions of the 36,972
monthly allocation shall be charged against the county which 36,973
recommitted the youth after the minimum expiration date of the 36,974
original commitment.
(C) In the event of a revocation of a release on parole, 36,976
the reduction shall be charged against the original committing 36,977
county.
Vocational Rehabilitation 36,979
The Department of Youth Services and the Rehabilitation 36,981
Services Commission shall enter into an interagency agreement for 36,982
the provision of vocational rehabilitation services and staff to 36,983
mutually eligible clients. The foregoing appropriation item 36,984
470-404, Vocational Rehabilitation, shall be used to provide 36,985
773
vocational rehabilitation services and staff in accordance with 36,986
the interagency agreement. The Department of Youth Services may 36,987
transfer additional moneys to appropriation item 470-404, 36,988
Vocational Rehabilitation, with Controlling Board approval. 36,989
Employee Food Service and Equipment 36,991
Notwithstanding section 125.14 of the Revised Code, the 36,993
foregoing appropriation item 470-609, Employee Food Service, may 36,994
be used to purchase any food operational items with funds 36,995
received into the fund from reimbursement for state surplus 36,996
property.
Education Reimbursement 36,998
The foregoing appropriation item 470-613, Education 37,000
Reimbursement, shall be used to fund the operating expenses of 37,001
providing educational services to youth supervised by the 37,002
Department of Youth Services. Operating expenses include, but 37,003
are not limited to, teachers' salaries, maintenance costs, and 37,004
educational equipment. This appropriation item shall not be used 37,005
for capital expenses. 37,006
Financial Assistance 37,008
Pursuant to section 5139.28 of the Revised Code, grants 37,010
awarded for financial assistance for the operation and 37,011
maintenance of schools or other facilities shall be in an amount 37,012
not to exceed one-half of the cost of operating and maintaining 37,013
such schools or facilities, but may not exceed in any one month 37,015
$540 multiplied by the average daily enrollment in each fiscal 37,016
year.
Pursuant to section 5139.281 of the Revised Code, funding 37,018
provided to a county for the operation and maintenance of each 37,019
home shall be in an amount of fifty per cent of the approved 37,020
annual operating cost, but shall not be in excess of $156,928 in 37,021
each fiscal year. 37,022
Section 105. Investment Earnings on Tobacco Master 37,024
Settlement Agreement Fund 37,025
All investment earnings on moneys deposited in the Tobacco 37,027
774
Master Settlement Agreement Fund (Fund 087), which was created by 37,028
the Controlling Board on March 15, 1999, shall be credited to the 37,029
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 37,030
1999, or as soon thereafter as possible, the Director of Budget 37,031
and Management shall transfer the investment earnings on Fund 087 37,032
for fiscal year 1999, which were credited to the General Revenue
Fund, from the General Revenue Fund to Fund 087. 37,033
Section 106. OPLIN Technology Fund 37,035
The Director of Budget and Management shall transfer any 37,037
amount remaining in the OPLIN Technology Fund at the end of 37,038
fiscal year 1999 to the General Revenue Fund. 37,039
Section 107. Human Services Stabilization Fund 37,041
Low and Moderate Income Housing Trust Fund 37,043
Any investment earnings accrued during fiscal years 2000 37,045
and 2001 in the Human Services Stabilization Fund shall be 37,047
transferred by the Director of Budget and Management to Fund 646, 37,048
Low and Moderate Income Housing Trust Fund. In each fiscal year, 37,050
there shall be four transfers by the Director of Budget and
Management of the interest from the Human Services Stabilization 37,051
Fund investment earnings to the Low and Moderate Income Housing 37,052
Trust Fund. The first such transfer in each fiscal year shall be 37,053
in October, after the first quarter of investment earnings has 37,055
been credited to the Human Services Stabilization Fund. The 37,056
second transfer in each fiscal year shall be in January, after 37,057
the second quarter of investment earnings has been credited to 37,058
the Human Services Stabilization Fund. The third transfer in 37,059
each fiscal year shall be in April, after the third quarter of 37,060
investment earnings has been credited to the Human Services 37,061
Stabilization Fund. The fourth transfer in each fiscal year 37,062
shall be in June, after the fourth quarter of investment earnings 37,064
has been credited to the Human Services Stabilization Fund. 37,065
Section 108. Local OBES/ODHS Integration Initiatives 37,067
In anticipation of the merger of the Ohio Department of 37,069
Human Services (ODHS) and the Ohio Bureau of Employment Services 37,070
775
(OBES) into the Ohio Department of Job and Family Services, and 37,071
as part of the implementation of the federal Work Force 37,072
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 37,073
In one or more of the initiatives, a local work force development 37,074
board may be created and appointed by local elected officials to 37,075
replace the current existing service delivery areas (SDAs) - 37,076
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 37,077
to serve as the federally required work force investment board if 37,079
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 37,080
provide direct oversight of the funding and operations of 37,081
programs such as the Ohio Works First Program, Job Training 37,082
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 37,083
out by the Ohio Bureau of Employment Services and the local 37,084
county department of human services. A work force development 37,085
board that replaces a county human services planning committee 37,086
shall perform the committee's duties under sections 307.98, 37,087
329.02, and 329.06 of the Revised Code. The initiatives may be 37,088
expanded to include surrounding counties with the approval of 37,089
local elected officials and the Directors of the Ohio Department 37,090
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 37,091
board through the State of Ohio and local partners shall provide 37,092
planning and coordination related to all vocational, educational, 37,093
and employment and training programs requiring coordination under 37,094
the WIA within the county. The local board of county 37,096
commissioners or other local elected officials shall perform the 37,097
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 37,098
the operational issues, services, finances, and performance 37,099
measures that must be correctly addressed for successful 37,100
776
implementation of the Work Force Investment Act.
Section 109. Adult Emergency Assistance Program 37,102
Appropriations in appropriation item 400-512, Non-TANF 37,104
Emergency Assistance, in fiscal year 2000 and appropriations in 37,106
appropriation item 600-512, Non-TANF Emergency Assistance, in 37,107
fiscal year 2001 shall be used for the Adult Emergency Assistance 37,108
Program established under section 5101.86 of the Revised Code. 37,109
Section 110. Expenditure of Funds 37,111
Any moneys which the Controlling Board authorizes for 37,113
expenditure pursuant to section 131.35 of the Revised Code are 37,114
hereby appropriated for the period ending June 30, 2001. 37,115
Section 111. Unexpected Refunds 37,117
Any refunds which the Controlling Board authorizes pursuant 37,119
to section 131.39 of the Revised Code are hereby appropriated for 37,120
the period ending June 30, 2001. 37,121
Section 112. Personal Service Expenses 37,123
Unless otherwise prohibited by law, each appropriation in 37,125
this act from which personal service expenses are paid shall bear 37,126
the employer's share of public employees' retirement, workers' 37,127
compensation, disabled workers' relief, and all group insurance 37,128
programs; the costs of centralized accounting, centralized 37,129
payroll processing, and related personnel reports and services; 37,130
the cost of the Office of Collective Bargaining; the cost of the 37,131
Personnel Board of Review; the cost of the Employee Assistance 37,132
Program; the cost of the Equal Opportunity Center; the costs of 37,133
interagency information management infrastructure; and the cost 37,134
of administering the state employee merit system as required by 37,135
section 124.07 of the Revised Code. Such costs shall be 37,136
determined in conformity with appropriate sections of law and 37,137
paid in accordance with procedures specified by the Office of 37,138
Budget and Management. Expenditures from appropriation item 37,139
070-601, Public Audit Expense - Local Government, in Fund 422 may 37,140
be exempt from the requirements of this section. 37,141
Section 113. Reissuance of Voided Warrants 37,143
777
In order to provide funds for the reissuance of voided 37,145
warrants pursuant to section 117.47 of the Revised Code, there is 37,146
hereby appropriated, out of moneys in the state treasury from the 37,147
fund credited as provided in section 117.47 of the Revised Code, 37,148
that amount sufficient to pay such warrants when approved by the 37,149
Office of Budget and Management. 37,150
Section 114.* Capital Project Settlements 37,152
This section specifies an additional and supplemental 37,154
procedure to provide for payments of judgments and settlements if 37,155
the Director of Budget and Management determines, pursuant to 37,156
division (C)(4) of section 2743.19 of the Revised Code, that 37,157
sufficient unencumbered moneys do not exist in the particular 37,158
appropriation to pay the amount of a final judgment rendered 37,159
against the state or a state agency, including the settlement of 37,160
a claim approved by a court, in an action upon and arising out of 37,161
a contractual obligation for the construction or improvement of a 37,162
capital facility if the costs under such contract were payable in 37,163
whole or in part from a state capital projects appropriation. In 37,164
such a case, the director may either proceed pursuant to division 37,165
(C)(4) of section 2743.19 of the Revised Code, or apply to the 37,166
Controlling Board to increase an appropriation or create an 37,168
appropriation out of any unencumbered moneys in the state 37,169
treasury to the credit of the capital projects fund from which 37,170
the initial state appropriation was made. The Controlling Board 37,171
may approve or disapprove the application as submitted or 37,172
modified. The amount of an increase in appropriation or new 37,173
appropriation specified in an application approved by the 37,174
Controlling Board is hereby appropriated from the applicable 37,175
capital projects fund and made available for the payment of the 37,176
judgment or settlement.
If the director does not make the application authorized by 37,178
this section or the Controlling Board disapproves the 37,179
application, and the director does not make application pursuant 37,180
to division (C)(4) of section 2743.19 of the Revised Code, the 37,181
778
director shall for the purpose of making that payment request to 37,182
the General Assembly as provided for in division (C)(5) of that 37,183
section.
Section 115. Income Tax Distribution to Counties 37,185
There are hereby appropriated out of any moneys in the 37,187
state treasury to the credit of the General Revenue Fund, which 37,188
are not otherwise appropriated, funds sufficient to make any 37,189
payment required by division (B)(2) of section 5747.03 of the 37,190
Revised Code. 37,191
Section 116. Satisfaction of Judgments and Settlements 37,193
Against the State 37,194
An appropriation contained in this act may be used for the 37,196
purpose of satisfying judgments or settlements in connection with 37,197
civil actions against the state in federal court not barred by 37,198
sovereign immunity or the Eleventh Amendment to the Constitution 37,199
of the United States, or for the purpose of satisfying judgments, 37,200
settlements, or administrative awards ordered or approved by the 37,201
Court of Claims in connection with civil actions against the 37,202
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 37,203
appropriations to be applied to or used for payment of guarantees 37,204
by or on behalf of the state, for or relating to lease payments 37,205
or debt service on bonds, notes, or similar obligations and those 37,206
from the Sports Facilities Building Fund (Fund 024), the Highway 37,207
Safety Building Fund (Fund 025), the Administrative Building Fund 37,208
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 37,209
Juvenile Correctional Building Fund (Fund 028), the 37,210
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 37,211
(Fund 031), the School Building Program Assistance Fund (Fund 37,212
032), the Mental Health Facilities Improvement Fund (Fund 033), 37,213
the Higher Education Improvement Fund (Fund 034), the Parks and 37,214
Recreation Improvement Fund (Fund 035), the State Capital 37,215
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
779
041), the Coal Research/Development Fund (Fund 046), and any 37,217
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 37,218
state to suit in any forum in which it is not otherwise subject 37,219
to suit, nor is it intended to waive or compromise any defense or 37,220
right available to the state in any suit against it. 37,221
Section 117.* Utility Radiological Safety Board 37,223
Assessments
The maximum amounts that may be assessed against nuclear 37,225
electric utilities in accordance with division (B)(2) of section 37,226
4937.05 of the Revised Code are as follows: 37,227
FY 2000 FY 2001 37,229
Department of Agriculture 37,231
Fund 4E4 Utility Radiological 37,233
Safety $100,211 $99,733
Department of Health 37,236
Fund 610 Radiation Emergency 37,238
Response $920,982 $921,584 37,239
Environmental Protection Agency 37,242
Fund 644 ER Radiological Safety $183,380 $184,893 37,244
Emergency Management Agency 37,247
Fund 657 Utility Radiological 37,249
Safety $822,079 $806,339 37,250
Section 118. Occupational and Licensing Board Fund 37,253
Transfers
Notwithstanding any other provision of law to the contrary, 37,255
the Director of Budget and Management shall transfer any 37,256
remaining amounts of cash from the specified obsolete funds to 37,257
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 37,258
thirty days of the effective date of this section: State Board 37,259
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 37,260
Section 119. Lease Payments to OPFC, OBA, and Treasurer of 37,262
State
Certain appropriations are in this act for the purpose of 37,264
780
lease payments to the Ohio Public Facilities Commission, to the 37,266
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 37,269
by the Ohio Public Facilities Commission, the Ohio Building 37,270
Authority, or the Treasurer of State pursuant to the Ohio 37,273
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 37,274
purpose, such amounts are hereby appropriated. 37,275
Section 120. State and Local Rebate Authorization 37,277
There is hereby appropriated, from those funds designated 37,279
by or pursuant to the applicable proceedings authorizing the 37,280
issuance of state obligations, amounts computed at the time to 37,281
represent the portion of investment income to be rebated or 37,282
amounts in lieu of or in addition to any rebate amount to be paid 37,283
to the federal government in order to maintain the exclusion from 37,284
gross income for federal income tax purposes of interest on those 37,285
state obligations pursuant to Section 148(f) of the Internal 37,286
Revenue Code. 37,287
Appropriations shall be posted and disbursed for these 37,289
purposes upon request and presentation of a voucher to the 37,290
Director of Budget and Management. 37,291
Section 121. Transfers of Cash and Outstanding Encumbrance 37,293
Balances
Any appropriation authority required by the Director of 37,295
Budget and Management to reestablish encumbrances in a fund or 37,296
appropriation item within an agency or between agencies pursuant 37,297
to section 126.15 of the Revised Code is hereby authorized and 37,298
appropriated.
Section 122. Federal Cash Management Improvement Act 37,300
Pursuant to the plan for compliance with the Federal Cash 37,302
Management Improvement Act required by section 131.36 of the 37,303
Revised Code, the Director of Budget and Management is authorized 37,304
to cancel and reestablish all or parts of encumbrances in like 37,305
amounts within the funds identified by the plan. Such amounts 37,306
781
necessary to reestablish all or parts of encumbrances are hereby 37,307
appropriated. 37,308
Section 123. Statewide Indirect Cost Recovery 37,310
Whenever the Director of Budget and Management determines 37,312
that an appropriation made to a state agency from a fund of the 37,313
state is insufficient to provide for the recovery of statewide 37,314
indirect costs pursuant to section 126.12 of the Revised Code, 37,315
the amount required for such purpose is hereby appropriated from 37,316
the available receipts of such fund. 37,317
Section 124. Transfers of FY 1999 GRF Ending Balances 37,319
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 37,321
of section 131.44 of the Revised Code, fiscal year 1999 surplus 37,322
revenue shall be distributed as provided in division (B) of this 37,323
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 37,325
be transferred from the General Revenue Fund to Fund 4Y4, the 37,326
SchoolNet Plus Fund, in the SchoolNet Commission. 37,327
(2) The next $325,700,000 of such surplus revenue shall be 37,329
transferred to Fund 021, the Public School Building Fund, and 37,330
such amount is hereby appropriated to item CAP-622, Public School 37,331
Buildings, in the School Facilities Commission. Such 37,332
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 37,333
Facilities Commission may set aside up to ten per cent of such 37,335
appropriation for the pilot program for low wealth school 37,336
districts with exceptional needs for immediate classroom facility 37,337
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 37,339
(3) Any surplus revenue in excess of the amounts 37,341
distributed under divisions (B)(1) and (2) of this section shall 37,342
be transferred to the Income Tax Reduction Fund in accordance 37,343
with section 131.44 of the Revised Code.
Section 125. GRF Transfers on Behalf of the Statewide 37,345
Indirect Cost Allocation Plan 37,346
782
The total transfers made from the General Revenue Fund by 37,348
the Director of Budget and Management pursuant to this section 37,350
shall not exceed the amounts transferred into the General Revenue 37,352
Fund pursuant to division (B) of section 126.12 of the Revised 37,354
Code.
A director of an agency may certify to the Director of 37,356
Budget and Management the amount of expenses not allowed to be 37,357
included in the Statewide Indirect Cost Allocation plan pursuant 37,358
to federal regulations, from any fund included in the Statewide 37,359
Indirect Cost Allocation plan, prepared as required by section 37,360
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 37,363
available to pay for such expenses, the Director of Budget and 37,364
Management may transfer from the General Revenue Fund into the 37,365
fund for which the certification is made, up to the amount of the 37,366
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 37,367
pursuant to section 126.02 of the Revised Code, a request for 37,368
funding for such activities from an alternative source such that 37,369
further federal disallowances would not be required. 37,370
The Director of Administrative Services may certify to the 37,372
Director of Budget and Management the amount of building rent 37,373
expense or building debt service expense paid by state agencies 37,374
from funds other than the General Revenue Fund to the General 37,375
Revenue Fund which is not an allowed cost for reimbursement under 37,376
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 37,377
Revenue Fund to either the fund from which the payment was 37,378
originally made or the federal grantor agency, as appropriate. 37,379
If additional appropriations are required to make such refunds, 37,380
the amounts are hereby appropriated.
Section 126. Reappropriation of Unexpended Balances for 37,382
Certain Operating Expenses Encumbered Prior to Close of Fiscal 37,383
Year
783
An unexpended balance of an appropriation or 37,385
reappropriation that a state agency has lawfully encumbered prior 37,386
to the close of a fiscal year is hereby reappropriated from the 37,387
fund from which it was originally appropriated or reappropriated 37,388
for the following period and shall remain available only for the 37,389
purpose of discharging the encumbrance:
(A) For an encumbrance for an operating expense, for a 37,391
period of not more than five months from the end of the fiscal 37,392
year. For the purposes of this section, an "operating expense" 37,393
is an encumbrance incurred for personal services, maintenance, 37,394
equipment, or items for resale, other than an encumbrance for an 37,395
item of special order manufacture not available on term contract 37,396
or in the open market or for reclamation of land or oil and gas
wells. 37,397
(B) For an encumbrance for an item of special order 37,399
manufacture not available on term contract or in the open market, 37,400
for a period of not more than five months from the end of the 37,401
respective fiscal year or, with the written approval of the 37,402
Director of Budget and Management, for a period of not more than 37,403
twelve months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 37,405
gas wells, for a period ending whenever the encumbrance is 37,406
expended;
(D) For an encumbrance for any other expense, other than a 37,408
capital expense and other than an encumbrance set out in division 37,409
(A), (B), or (C) of this section, for such period as the director 37,410
approves.
Any items for which unexpended balances are reappropriated 37,412
beyond a five-month period from the end of the fiscal year shall 37,413
be reported to the Controlling Board by the Director of Budget 37,414
and Management by the thirty-first day of December of each year. 37,415
The report on each such item shall include the item, the cost of 37,416
the item, the vendor involved, and the reappropriation period
approved by the director. Such report to the board shall be 37,417
784
updated on a quarterly basis for encumbrances remaining open. 37,418
Upon the expiration of the reappropriation period set out 37,420
in division (A), (B), (C), or (D) of this section, a 37,422
reappropriation made pursuant to this section shall lapse, and 37,423
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 37,424
expiration of the reappropriation period. 37,425
If the Controlling Board has approved a contract upon which 37,427
an encumbrance that is the subject of this section is based, that 37,428
approval remains valid as long as the encumbrance remains open 37,429
pursuant to this section and the agency need not return to the 37,430
board for a new approval.
Section 127. Federal Government Interest Requirements 37,432
Notwithstanding any provision of law to the contrary, on or 37,434
before the first day of September of each fiscal year, the 37,435
Director of Budget and Management, in order to reduce the payment 37,436
of adjustments to the federal government, as determined by the 37,437
plan prepared pursuant to division (A) of section 126.12 of the 37,438
Revised Code, may designate such funds as the director considers 37,439
necessary to retain their own interest earnings.
Section 128. Moratorium for New MR/DD Residential Facility 37,441
Beds
(A) During the period beginning July 1, 1999, and ending 37,443
June 30, 2001, the Department of Mental Retardation and 37,444
Developmental Disabilities shall not issue development approval 37,445
for, nor license under section 5123.19 of the Revised Code, new 37,446
residential facility beds for persons with mental retardation or 37,447
developmental disabilities, except that the department may 37,448
approve the development or licensure, or both, of such new beds 37,449
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 37,450
an emergency for the purposes of this section. 37,451
(B) For the purposes of division (A) of this section, the 37,453
following shall not be considered new beds: 37,454
785
(1) Beds relocated from one facility to another, if the 37,456
facility from which the beds are relocated reduces the number of 37,457
its beds by the same number of beds that are relocated to the 37,458
other facility;
(2) Beds to replace others that the Director of Health 37,460
determines no longer comply with the standards of the Medical 37,461
Assistance Program established under Chapter 5111. of the Revised 37,462
Code and Title XIX of the "Social Security Act," 49 Stat. 620 37,464
(1935), 42 U.S.C.A. 301, as amended.
Section 129. The requirements for a financial planning and 37,466
supervision commission as provided for in section 118.05 of the 37,467
Revised Code, as amended by this act, shall apply to any 37,468
commission established on or after the effective date of this 37,469
act. Commissions established before that date shall be
constituted as required by section 118.05 of the Revised Code as 37,470
it existed when those commissions were established. 37,471
The Auditor of State shall serve as financial supervisor to 37,473
any commission established on and after the effective date of 37,474
this act and as financial supervisor to any commission 37,475
established before that date upon the termination of any existing 37,476
contract with a firm of certified public accountants approved by 37,477
the Controlling Board as authorized by division (G) of section
118.05 of the Revised Code before its amendment by this act. 37,478
Section 130. Not later than July 1, 2001, the Auditor of 37,480
State shall conduct and complete a performance audit of the 37,481
Medicaid Program operated by the state Department of Human 37,482
Services and a performance audit of the state Department of 37,483
Health. The Auditor of State may charge the departments for the
cost of the audits as provided in division (A) of section 117.13 37,484
of the Revised Code.
Section 131. The jurisdiction, including all control and 37,486
supervision, over the state-owned building located at 25 South 37,487
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 37,488
Department of Transportation to the Department of Administrative 37,489
786
Services.
Section 132. Sunset of Hospital Care Assurance Program 37,491
That Section 153 of Am. Sub. H.B. 117 of the 121st General 37,493
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 37,494
Assembly, be amended to read as follows: 37,495
"Sec. 153. (A) Section 5112.20 of the Revised Code is 37,497
hereby repealed, effective July 1, 1997. Sections 5112.01, 37,498
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 37,500
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 37,501
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 37,503
Assembly, are hereby repealed, effective July 1, 1999 2001. 37,504
(B) Any money remaining in the Legislative Budget Services 37,506
Fund on July 1, 1999 2001, the date that section 5112.19 of the 37,507
Revised Code is repealed by division (A) of this section, shall 37,509
be used solely for the purposes stated in THEN FORMER section 37,510
5112.19 of the Revised Code. When all money in the Legislative 37,513
Budget Services Fund has been spent after THEN FORMER section 37,514
5112.19 of the Revised Code is repealed under division (A) of 37,516
this section, the fund shall cease to exist." 37,517
Section 133. That existing Section 153 of Am. Sub. H.B. 37,519
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 37,521
215 of the 122nd General Assembly, is hereby repealed. 37,522
Section 134. That Section 3 of Am. Sub. H.B. 440 of the 37,524
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 37,525
122nd General Assembly, be amended to read as follows: 37,526
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 37,528
122.27 of the Revised Code are hereby repealed, effective June 37,529
30, 1999 2001." 37,530
Section 135. That existing Section 3 of Am. Sub. H.B. 440 37,532
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 37,533
the 122nd General Assembly, is hereby repealed. 37,534
Section 136. That Section 3 of Am. Sub. H.B. 215 of the 37,536
122nd General Assembly be amended to read as follows: 37,537
"Sec. 3. Section 1751.68 of the Revised Code is hereby 37,539
787
repealed, effective July 1, 1999 2001." 37,540
Section 137. That existing Section 3 of Am. Sub. H.B. 215 37,542
of the 122nd General Assembly is hereby repealed. 37,543
Section 138. That Section 3 of Am. Sub. H.B. 621 of the 37,545
122nd General Assembly be amended to read as follows: 37,546
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 37,548
and 901.83 of the Revised Code are hereby repealed, effective 37,549
June 30, 1999 JULY 1, 2001." 37,550
Section 139. That existing Section 3 of Am. Sub. H.B. 621 37,552
of the 122nd General Assembly is hereby repealed. 37,553
Section 140.* That Sections 3.01, 3.03, and 21 of Am. Sub. 37,555
H.B. 850 of the 122nd General Assembly be amended to read as 37,557
follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 37,560
CAP-785 Rural Areas Historical Projects $ 440,000 37,563
CAP-786 Rural Areas Community Improvements $ 5,315,000 37,565
CAP-817 Urban Areas Community Improvements $ 12,508,150 37,567
CAP-818 Community Theatre Renovations $ 400,000 37,569
Total Department of Administrative Services $ 18,663,150 37,571
Rural Areas Historical Projects 37,574
Of the foregoing appropriation item CAP-785, Rural Areas 37,576
Historical Projects, $100,000 shall be used for Hancock County 37,577
Historical Society Facility Improvements; $40,000 shall be used 37,578
for Harveysburg Community Historic Society; $50,000 shall be used 37,580
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 37,581
Historic Site Improvements; and $50,000 shall be used for Elmore 37,582
Historical Society. 37,583
Rural Areas Community Improvements 37,585
Of the foregoing appropriation item CAP-786, Rural Areas 37,587
Community Improvements, $100,000 shall be used for Hocking Valley 37,589
Railroad Improvements; $50,000 shall be used for Belmont County 37,590
Park District - Convention Center; $70,000 shall be used for 37,591
Aberdeen Huntington Community Center; $100,000 shall be used for 37,592
788
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 37,593
for Clinton County Senior Center; $150,000 shall be used for 37,594
Coshocton Infrastructure Improvements; $200,000 shall be used for 37,595
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 37,596
for Warsaw Community Improvements; $100,000 shall be used for 37,597
Washington Court House Downtown Redevelopment; $80,000 shall be 37,598
used for Gallia County Industrial Park Improvements; $150,000 37,599
shall be used for Desmond Hall Industrial Park; $100,000 shall be 37,600
used for Kenton Armory Improvements; $162,000 shall be used for 37,601
Sinking Springs Infrastructure Improvements; $20,000 shall be 37,602
used for Laurelville Community Improvements; $16,000 shall be 37,603
used for Gibisonville Community Recreation Center Improvements; 37,604
$150,000 shall be used for Holmes County Historic Building 37,605
Improvements; $500,000 shall be used for Davis-Shai House 37,606
Historical Site; $100,000 shall be used for Maritime Museum in 37,607
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 37,608
Restoration; $90,000 shall be used for Big Island Nature Center 37,609
Improvements; $300,000 shall be used for Medina County Arts 37,610
Center Improvements; $142,000 shall be used for Graysville 37,611
Community Center; $49,000 shall be used for Roseville Community 37,612
Center Improvements; $100,000 shall be used for South Zanesville 37,613
Community Improvements; $20,000 shall be used for Corning 37,614
Community Center; $50,000 shall be used for Waverly Community 37,615
Improvements; $20,000 shall be used for Garrettsville Veterans 37,616
Memorial; $6,000 shall be used for Palmyra Township Veterans 37,617
Memorial; $100,000 shall be used for Deerfield Township Hall 37,618
Civic Improvements; $35,000 shall be used for Preble County 37,619
Coliseum Planning; $300,000 shall be used for Richland Academy of 37,621
Arts and Sciences Discovery Center; $50,000 shall be used for 37,622
Village of Pleasant Plain Community Improvements; $48,000 shall 37,623
be used for Village of South Lebanon Infrastructure Improvements; 37,625
$41,000 shall be used for Rehabilitate Senior Housing - 37,626
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 37,627
Belpre; $100,000 shall be used for New Matamoras Senior Center; 37,628
789
$25,000 shall be used for West Salem Town Hall Improvements; 37,629
$40,000 shall be used for Pemberville Opera House Restoration; 37,630
$40,000 shall be used for Grand Rapids Village Hall Restoration; 37,631
$500,000 shall be used for Liberty Commons Infrastructure Project 37,632
- Lima; $50,000 shall be used for Village of Morrow 37,633
Infrastructure Improvements; $100,000 shall be used for Fairfield 37,634
City Cultural Center; $63,000 shall be used for Sunbury Town 37,635
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 37,636
used for Ft. Steuben Land Office; $100,000 shall be used for 37,637
Columbiana County Port Authority; $25,000 shall be used for Noble 37,638
County Senior Center; $25,000 shall be used for Crawford County 37,639
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 37,640
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; and $300,000 shall be 37,641
used for Zahn's Corner Industrial Park. 37,643
Urban Areas Community Improvements 37,645
Of the foregoing appropriation item CAP-817, Urban Areas 37,647
Community Improvements, $200,000 shall be used for Clermont 37,648
County Communications Center; $50,000 shall be used for The Civic 37,650
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 37,651
Planning; $25,000 shall be used for Friendly Center Renovations; 37,652
$5,000 shall be used for Toledo Golden Gloves - Equipment; 37,653
$50,000 shall be used for Sylvania Historical Society Building 37,654
Improvements; $50,000 shall be used for Toledo International 37,655
Youth Hostel Renovations; $100,000 shall be used for Fellows 37,656
Gardens - Mill Creek Park Improvements; $100,000 shall be used 37,657
for Weathervane Playhouse Addition; $100,000 shall be used for 37,658
Akron/Summit Community Action Agency Facility Improvements; 37,659
$136,000 shall be used for Akron Community Health Resources Inc. 37,660
Facility Improvements; $75,000 shall be used for Farmington 37,661
Senior Center Improvements; $85,000 shall be used for President 37,662
McKinley Home Site improvements; $187,150 shall be used for 37,663
790
Shaker Historical Museum; $400,000 shall be used for Solon 37,664
Community Arts Center; $25,000 shall be used for Orange Senior 37,665
Center; $75,000 shall be used for Cincinnati Jewish Community 37,667
Center; $1,000,000 shall be used for Lincoln Heights Health 37,668
Center Improvements; $500,000 shall be used for Cook's Castle 37,669
Renovation; $40,000 shall be used for Toledo Jewish Community 37,670
Center; $100,000 shall be used for Youngstown Jewish Community 37,671
Center; $1,500,000 shall be used for Youngstown Parking Facility; 37,672
$150,000 shall be used for Canton Jewish Community Center; 37,673
$2,000,000 shall be used for Wilderness Center Facility 37,674
Improvements; $100,000 shall be used for Project AHEAD Facility 37,675
Improvements; $50,000 shall be used for Sagamore Hills Historical 37,676
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 37,677
Gardens; $250,000 shall be used for NEC World Series of Golf 37,678
Media Facility; $50,000 shall be used for Richfield Historic 37,679
District Improvements; $100,000 shall be used for Ohio Erie 37,680
Heritage Corridor Improvements; $150,000 shall be used for Hale 37,681
Farm Improvements; $1,750,000 shall be used for Wood County 37,682
Historic Building Renovation; $500,000 shall be used for 37,683
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 37,684
City of University Heights Community Senior Center; $75,000 shall 37,686
be used for the J. Frank-Troy Senior Citizens Center; $50,000 37,687
shall be used for the Cleveland Health Museum; $50,000 shall be 37,688
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 37,689
$25,000 shall be used for University Heights Senior Citizen 37,690
Center Public Library; $50,000 shall be used for Columbus Fire 37,691
Museum; $50,000 shall be used for League Park Tourist Museum; 37,692
$100,000 shall be used for Mustill Store Exhibits in Cascade 37,693
Valley Park; and $30,000 shall be used for Warren Airport Runway 37,694
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 37,696
Community Improvements, $300,000 shall be used for Columbus 37,697
791
Family and Child Guidance Centers; $360,000 shall be used for 37,698
Central Community House; $180,000 shall be used for St. John 37,699
Center; and $60,000 shall be used for Wesley Community
Development Corporation. 37,700
Community Theatre Renovations 37,701
Of the foregoing appropriation item CAP-818, Community 37,703
Theatre Renovations, $100,000 shall be used for Cleveland Public 37,704
Theatre Improvements - Gordon Square; $125,000 shall be used for 37,705
Ariel Theatre Renovation; $125,000 shall be used for Markay 37,706
Theatre Renovations; and $50,000 shall be used for Lorain Palace 37,707
Theatre Improvements. 37,708
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 37,711
CAP-047 Cincinnati Classical Music Hall of 37,714
Fame $ 300,000 37,715
CAP-050 Columbus Art Museum Facility Planning $ 250,000 37,717
CAP-053 Powers Auditorium Improvements $ 250,000 37,719
CAP-054 Dayton Performing Arts Center - 37,720
Planning and Phase I $ 250,000 37,721
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 37,723
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 37,725
CAP-062 Akron Art Museum - Planning $ 100,000 37,727
CAP-063 ROBINS THEATRE PROJECT $ 50,000 37,730
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 37,733
Total Arts And Sports Facilities Commission $1,825,000 37,735
1,925,000 37,737
Sec. 21. All items set forth in this section are hereby 37,741
appropriated out of any moneys in the state treasury to the 37,742
credit of the Arts Facilities Building Fund (Fund 030). Revenues 37,744
to the Arts Facilities Building Fund shall consist of proceeds of 37,745
obligations authorized to pay costs of the following capital 37,746
improvements:
Appropriations 37,747
AFC ARTS FACILITIES COMMISSION 37,748
CAP-001 National Aviation Hall of Fame $ 1,100,000 37,751
792
CAP-004 Valentine Theatre $ 3,500,000 37,753
CAP-005 Center for Science and Industry - 37,754
Columbus $ 5,500,000 37,755
CAP-010 Sandusky State Theatre Improvements $ 500,000 37,757
CAP-013 Stambaugh Hall Improvements $ 625,000 37,759
CAP-033 Woodward Opera House Renovation $ 250,000 37,761
CAP-037 Canton Palace Theatre Renovations $ 800,000 37,763
CAP-044 National Underground Railroad Freedom 37,764
Center $ 500,000 37,765
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 37,767
CAP-046 Cincinnati Museum Center Improvements $ 525,000 37,769
CAP-048 John and Annie Glenn Museum $ 600,000 37,771
CAP-049 Ohio Theatre Improvements $ 3,000,000 37,773
CAP-051 Akron Civic Theatre Improvements $ 600,000 37,775
CAP-052 Akron Art Museum $ 1,000,000 37,777
CAP-055 WACO Museum and Aviation Learning 37,778
Center $ 500,000 37,779
CAP-056 Ohio Center of Agriculture and 37,780
Industrial Technology Heritage Center $ 3,500,000 37,782
CAP-058 Cedar Bog Nature Preserve Education 37,783
Center $ 1,000,000 37,784
CAP-061 Statewide Arts Facilities Planning $ 500,000 37,786
CAP-063 Robins Theatre Project $ 50,000 37,788
CAP-702 Campus Martius Museum Renovations $ 140,000 37,790
CAP-734 Hayes Presidential Center - Museum and 37,791
Home Improvements $ 1,000,000 37,792
CAP-735 Paul Lawrence Dunbar House $ 100,000 37,794
CAP-741 Adena State Memorial Renovations $ 350,000 37,796
CAP-742 Ft. Meigs Museum and Exhibit 37,797
Improvements $ 2,960,000 37,798
CAP-744 Zoar Village Visitor Center and 37,799
Building Renovations $ 875,000 37,800
CAP-753 Buffington Island State Memorial 37,801
Improvements $ 100,000 37,802
793
CAP-757 Schoenbrunn Village Restoration and 37,803
Renovations $ 211,000 37,804
CAP-758 Ft. Laurens Building and Site 37,805
Improvements $ 100,000 37,806
CAP-770 Serpent Mound State Memorial 37,807
Improvements $ 295,000 37,808
CAP-780 Harding Home State Memorial 37,809
Restorations $ 390,000 37,810
CAP-781 Historical Center - Archives and 37,811
Library Automation $ 450,000 37,812
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 37,814
CAP-788 Tallmadge Church Building Restoration $ 250,000 37,816
CAP-789 Neil Armstrong Air and Space Museum 37,817
Improvements $ 315,000 37,818
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 37,820
CAP-795 Local and Wide-area Networks $ 300,000 37,822
CAP-796 Moundbuilders State Memorial 37,823
Improvements $ 530,000 37,824
CAP-797 National Afro-American Museum 37,825
Improvements $ 300,000 37,826
CAP-798 Multi-Site Fire and Security System 37,827
Improvements $ 100,000 37,828
CAP-799 Capitol City Exhibit Feasibility $ 50,000 37,830
CAP-800 Indian Mill State Memorial 37,831
Improvements $ 112,000 37,832
Total Arts Facilities Commission $37,294,000 37,834
37,194,000 37,836
Total Arts Facilities Building Fund $37,294,000 37,838
37,194,000 37,840
Center for Science and Industry-Columbus 37,843
Of the foregoing appropriation item CAP-005, Center for 37,845
Science and Industry-Columbus, $5,000,000 shall be used for the 37,846
John Glenn Theatre and $500,000 shall be used for AgScience 37,847
Experience Exhibits.
794
COSI-Columbus -- Local Administration of Capital Project 37,849
Contracts 37,850
Notwithstanding division (A) of section 3383.07 of the 37,852
Revised Code, the Ohio Arts and Sports Facilities Commission, 37,853
with respect to the foregoing appropriation item CAP-005, Center 37,854
for Science and Industry-Columbus, is authorized to administer 37,856
all or part of capital facilities project contracts involving 37,857
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 37,858
and Industry-Columbus, and the Ohio Arts and Sports Facilities 37,860
Commission in review of the project plans. The Ohio Arts and 37,861
Sports Facilities Commission shall enter into a contract with the 37,862
Center of Science and Industry-Columbus to administer the exhibit 37,863
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 37,864
Schoenbrunn Village Restoration and Renovations 37,866
Of the foregoing appropriation item CAP-757, Schoenbrunn 37,868
Village Restoration and Renovations, up to $30,000 shall be used 37,870
for safety improvements related to the New Philadelphia airport. 37,871
Ft. Laurens Building and Site Improvements 37,873
Of the foregoing appropriation item CAP-758, Ft. Laurens 37,875
Building and Site Improvements, $100,000 shall be used for the 37,876
full reconstruction of the site as formulated by the Friends of 37,877
Ft. Laurens Foundation."
Section 141.* That existing Sections 3.01, 3.03, and 21 of 37,879
Am. Sub. H.B. 850 of the 122nd General Assembly are hereby 37,881
repealed.
Section 142.* (A) Section 50.48 of Am. Sub. H.B. 215 of 37,883
the 122nd General Assembly is hereby repealed. 37,884
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 37,886
the 122nd General Assembly is in confirmation of an identical 37,887
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 37,888
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 37,889
body, but failed to indicate the repeal in its title.
795
Section 143.* That Section 25 of Am. Sub. H.B. 650 of the 37,891
122nd General Assembly is hereby repealed. 37,892
Section 144.* Section 17.03 of Am. Sub. H.B. 850 of the 37,894
122nd General Assembly is hereby repealed. 37,895
Section 145.* (A) That section 101.64 of the Revised Code 37,897
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 37,899
Revised Code is intended to confirm that such was the result 37,900
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 37,901
the 122nd General Assembly. This section was made obsolete by 37,902
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 37,903
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 37,904
erroneously indicated the repeal of section "102.64" of the 37,905
Revised Code. No section of the Revised Code bears the number 37,906
"102.64."
Section 146.* (A) That section 4121.07 of the Revised 37,908
Code is hereby repealed. 37,909
(B) The repeal by this act of section 4121.07 of the 37,911
Revised Code is intended to confirm that such was the result 37,912
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 37,913
the 120th General Assembly. The outright repeal clause of that 37,914
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 37,915
that the section was being amended. 37,916
Section 147. Except as otherwise specifically provided in 37,918
this act, the codified sections of law amended or enacted in this 37,919
act, and the items of law of which the codified sections of law 37,920
amended or enacted in this act are composed, are subject to the 37,921
referendum. Therefore, under Ohio Constitution, Article II, 37,922
Section 1c and section 1.471 of the Revised Code, the codified 37,923
sections of law amended or enacted by this act, and the items of 37,924
law of which the codified sections of law as amended or enacted 37,925
by this act are composed, take effect on the ninety-first day 37,926
796
after this act is filed with the Secretary of State. If, 37,927
however, a referendum petition is filed against any such codified 37,928
section of law as amended or enacted by this act, or against any 37,929
item of law of which any such codified section of law as amended 37,930
or enacted by this act is composed, the codified section of law 37,931
as amended or enacted, or item of law, unless rejected at the 37,932
referendum, takes effect at the earliest time permitted by law. 37,933
Section 148. Except as otherwise specifically provided in 37,935
this act, the repeal by this act of a codified section of law is 37,936
subject to the referendum. Therefore, under Ohio Constitution, 37,937
Article II, Section 1c and section 1.471 of the Revised Code, the 37,938
repeal by this act of a codified section of law takes effect on 37,939
the ninety-first day after this act is filed with the Secretary 37,940
of State. If, however, a referendum petition is filed against 37,941
any such repeal, the repeal, unless rejected at the referendum, 37,942
takes effect at the earliest time permitted by law. 37,943
Section 149. Sections 109.081, 111.18, 118.01, 118.05, 37,945
122.011, 124.07, 125.15, 125.28, 127.16, 131.39, 901.63, 1155.07, 37,946
1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1181.18, 37,947
1309.401, 1509.02, 1509.071, 1513.30, 3353.06, 3383.08, 3702.52, 37,948
3702.57, 3702.58, 3702.68, 3705.24, 3734.06, 3734.57, 3745.11, 37,949
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 37,950
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 37,952
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 37,953
4741.19, 4747.05, 4747.06, 4747.07, 4747.10, 5101.16, 5101.50, 37,954
5101.501, 5101.502, 5101.86, 5112.03, 5112.06, 5112.07, 5112.08,
5112.09, 5112.17, 5709.62, 5709.63, 5709.632, 5749.02, 5907.141, 37,955
and 6109.21 of the Revised Code as amended or enacted by this 37,956
act, and the items of law of which such sections as amended or 37,957
enacted by this act are composed, are not subject to the 37,958
referendum. Therefore, under Ohio Constitution, Article II, 37,959
Section 1d and section 1.471 of the Revised Code, such sections 37,960
as amended or enacted by this act, and the items of law of which 37,961
such sections as amended or enacted by this act are composed, go 37,962
797
into immediate effect when this act becomes law. 37,963
Section 150. (A) The amendment by this act to division 37,965
(C) of section 166.03 of the Revised Code constitutes an item of 37,966
law that is subject to the referendum. Therefore, under Ohio 37,967
Constitution, Article II, Section 1c and section 1.471 of the 37,968
Revised Code, this item of law takes effect on the ninety-first 37,969
day after this act is filed with the Secretary of State. If, 37,970
however, a referendum petition is filed against the item of law, 37,971
the item of law, unless rejected at the referendum, takes effect 37,972
at the earliest time permitted by law. 37,973
(B) The amendments by this act to division (B) of section 37,975
166.03 of the Revised Code constitute an item of law that is not 37,976
subject to the referendum. Therefore, under Ohio Constitution, 37,977
Article II, Section 1d and section 1.471 of the Revised Code, 37,978
this item of law goes into immediate effect when this act becomes 37,979
law.
Section 151.* Sections 3109.17 and 3109.18 of the Revised 37,981
Code, as amended by this act, are subject to the referendum and 37,982
shall take effect January 1, 2001. Notwithstanding the 37,983
provisions of section 3109.17 of the Revised Code that require 37,984
the Children's Trust Fund Board to make block grants to child 37,985
abuse and child neglect advisory boards, the Children's Trust 37,986
Fund Board may make grants to child abuse and child neglect 37,987
prevention programs during the period January 1, 2001, through
June 30, 2001. 37,988
Section 152. The repeal by this act of sections 1155.131 37,990
and 1163.17 of the Revised Code is not subject to the referendum. 37,991
Therefore, under Ohio Constitution, Article II, Section 1d and 37,992
section 1.471 of the Revised Code, the repeals go into immediate 37,993
effect when this act becomes law. 37,994
Section 153. Except as otherwise specifically provided in 37,996
this act, the uncodified sections of law amended or enacted in 37,997
this act, and the items of law of which the uncodified sections 37,998
of law amended or enacted in this act are composed, are not 37,999
798
subject to the referendum. Therefore, under Ohio Constitution, 38,000
Article II, Section 1d and section 1.471 of the Revised Code, the 38,001
uncodified sections of law amended or enacted in this act, and 38,002
the items of law of which the uncodified sections of law amended 38,003
or enacted in this act are composed, go into immediate effect 38,004
when this act becomes law.
Section 154. Uncodified sections of law amended or enacted 38,006
in this act, and items of law contained within the uncodified 38,007
sections of law amended or enacted in this act, that are marked 38,008
with an asterisk are subject to the referendum. Therefore, under 38,009
Ohio Constitution, Article II, Section 1c and section 1.471 of 38,010
the Revised Code, the uncodified sections and items of law marked 38,011
with an asterisk take effect on the ninety-first day after this 38,012
act is filed with the Secretary of State. If, however, a 38,013
referendum petition is filed against an uncodified section or 38,014
item of law marked with an asterisk, the uncodified section or 38,015
item of law marked with an asterisk, unless rejected at the 38,016
referendum, takes effect at the earliest time permitted by law. 38,017
If the amending and existing repeal clauses commanding the 38,019
amendment of an uncodified section of law are both marked with 38,020
asterisks, the uncodified section as amended is deemed also to 38,021
have been marked with an asterisk. 38,022
An asterisk marking an uncodified section or item of law 38,024
has the form *. 38,025
This section defines the meaning and form of, but is not 38,027
itself to be considered marked with, an asterisk. 38,028
Section 155. If the amendment or enactment in this act of 38,030
a codified or uncodified section of law is subject to the 38,031
referendum, the corresponding indications in the amending, 38,032
enacting, or existing repeal clauses commanding the amendment or 38,033
enactment also are subject to the referendum, along with the 38,034
amendment or enactment. If the amendment or enactment by this 38,035
act of a codified or uncodified section of law is not subject to 38,036
the referendum, the corresponding indications in the amending, 38,037
799
enacting, or existing repeal clauses commanding the amendment or 38,038
enactment also are not subject to the referendum, the same as the 38,039
amendment or enactment. 38,040
Section 156. An item, other than an amending, enacting, or 38,042
repealing clause, that composes the whole or part of an 38,043
uncodified section contained in this act has no effect after June 38,044
30, 2001, unless its context clearly indicates otherwise. 38,045
Section 157. (A) The amendment by this act of section 38,047
5733.05 of the Revised Code applies to tax years 2000 and 38,048
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 38,051
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 38,052
5733.05 of the Revised Code as it existed prior to its amendment 38,053
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 38,055
claim a nonrefundable credit against the corporation franchise 38,056
tax imposed by section 5733.06 of the Revised Code for tax year 38,057
2000. The amount of the credit shall equal the difference 38,058
between the amount of corporation franchise tax the corporation 38,059
paid for tax year 1999 and the amount of corporation franchise 38,060
tax that would have been due from the corporation for that year 38,061
if the exclusion was made; plus an amount that bears the same 38,062
ratio to the amount of any penalty or interest paid by the 38,063
corporation for that year that the difference in tax bears to the 38,064
amount of tax on account of which the penalty or interest is 38,065
charged.
If the credit exceeds the amount of tax due for tax year 38,067
2000, the corporation may claim the excess in succeeding tax 38,068
years until the full amount of the credit has been claimed, 38,069
provided that the amount claimed in any tax year shall be 38,070
deducted from the amount carried forward to the following year. 38,071
This section expires June 30, 2000. 38,073
Section 158.* Section 5733.33 of the Revised Code, as 38,075
amended by this act, applies to purchases of new manufacturing 38,076
800
machinery and equipment made on or after January 1, 2001. 38,077
Section 159. The amendment of sections 5112.03, 5112.06, 38,079
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 38,080
intended to supersede the earlier repeal, with delayed effective 38,082
date, of those sections.
Section 160. Section 127.16 of the Revised Code is 38,084
presented in this act as a composite of the section as amended by 38,085
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 38,086
Assembly, with the new language of neither of the acts shown in 38,088
capital letters. This is in recognition of the principle stated 38,089
in division (B) of section 1.52 of the Revised Code that such 38,090
amendments are to be harmonized where not substantively 38,091
irreconcilable and constitutes a legislative finding that such is 38,092
the resulting version in effect prior to the effective date of 38,093
this act.
Section 161. Section 329.04 of the Revised Code is 38,095
presented in this act as a composite of the section as amended by 38,096
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 38,097
Assembly, with the new language of neither of the acts shown in 38,099
capital letters. This is in recognition of the principle stated 38,100
in division (B) of section 1.52 of the Revised Code that such 38,101
amendments are to be harmonized where not substantively 38,102
irreconcilable and constitutes a legislative finding that such is 38,103
the resulting version in effect prior to the effective date of 38,104
this act.
Section 162. Section 3745.11 of the Revised Code is 38,106
presented in this act as a composite of the section as amended by 38,107
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 38,108
Assembly, with the new language of neither of the acts shown in 38,109
capital letters. This is in recognition of the principle stated 38,111
in division (B) of section 1.52 of the Revised Code that such 38,112
amendments are to be harmonized where not substantively 38,113
irreconcilable and constitutes a legislative finding that such is 38,114
the resulting version in effect prior to the effective date of 38,115
801
this act.
Section 163. If any item of law that constitutes the whole 38,117
or part of a codified or uncodified section of law contained in 38,118
this act, or if any application of any item of law that 38,119
constitutes the whole or part of a codified or uncodified section 38,121
of law contained in this act, is held invalid, the invalidity 38,122
does not affect other items of law or applications of items of 38,123
law that can be given effect without the invalid item of law or 38,124
application. To this end, the items of law of which the codified 38,125
and uncodified sections contained in this act are composed, and 38,126
their applications, are independent and severable.