As Reported by House Finance and Appropriations Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 283 5
1999-2000 6
REPRESENTATIVES THOMAS-JONES-CORE-AMSTUTZ-CORBIN-MOTTLEY- 8
METZGER-MEAD-HOOPS-VESPER-STAPLETON-O'BRIEN-CAREY-PERZ- 9
COUGHLIN-GOODMAN-WILSON-BOYD-PERRY-OPFER-BARRETT 10
_________________________________________________________________ 11
A B I L L
To amend sections 109.081, 111.18, 117.14, 117.44, 13
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 14
120.28, 120.33, 122.011, 124.04, 124.07, 125.023,
125.04, 125.15, 125.28, 126.12, 126.21, 126.25, 15
126.31, 126.32, 127.16, 131.01, 149.30, 166.03, 16
166.05, 169.03, 173.35, 307.851, 307.98, 311.01,
329.04, 329.06, 329.12, 340.03, 901.41, 901.62, 19
901.63, 1155.07, 1155.10, 1155.13, 1163.09,
1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 20
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 21
1515.091, 1521.04, 2151.36, 2305.232, 2949.17,
2949.19, 2949.20, 2949.201, 3109.17, 3109.18, 23
3375.90, 3383.08, 3517.152, 3701.04, 3701.261,
3701.262, 3701.263, 3701.99, 3702.52, 3702.57, 25
3702.58, 3702.68, 3705.24, 3721.31, 3721.33, 26
3722.01, 3722.011, 3722.10, 3722.15, 3722.16, 27
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 28
3734.87, 3734.901, 3742.03, 3742.04, 3742.05, 29
3742.08, 3742.19, 3745.11, 3748.07, 3748.13, 30
3750.02, 3793.08, 3793.10, 3793.12, 4105.17,
4112.12, 4115.34, 4163.07, 4301.10, 4301.30, 32
4301.43, 4501.27, 4511.191, 4511.83, 4703.36,
4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 34
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 35
4725.16, 4725.17, 4729.54, 4730.11, 4731.281, 37
4732.05, 4732.14, 4735.06, 4735.07, 4735.09,
2
4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 38
4747.05, 4747.06, 4747.07, 4747.10, 4747.13, 39
4759.05, 4759.06, 4766.02, 4766.04, 4766.05, 40
4766.07, 4773.04, 4905.80, 4937.02, 4981.09,
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 41
5101.83, 5101.93, 5104.30, 5104.34, 5104.38,
5107.02, 5107.05, 5107.10, 5107.16, 5107.18, 42
5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 43
5107.60, 5107.72, 5111.01, 5111.113, 5112.03,
5112.06, 5112.07, 5112.08, 5112.09, 5112.17, 44
5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 45
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 47
5502.21, 5502.22, 5502.25, 5502.28, 5502.34,
5703.05, 5703.21, 5709.62, 5709.63, 5709.632, 48
5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 49
5743.14, 5743.55, 5743.59, 5743.99, 5747.11,
5749.02, 5907.11, 5907.13, 5907.141, 5907.15, 50
6109.01, 6109.21, and 6119.10; to amend, for the 51
purpose of adopting new section numbers as
indicated in parentheses, sections 3701.261 52
(3335.60), 3701.262 (3335.61), and 3701.263
(3335.62); to enact sections 9.08, 117.441, 54
121.481, 131.39, 166.032, 173.011, 329.023,
329.041, 329.07, 1181.18, 1501.25, 3335.99, 55
3353.06, 3701.043, 3701.044, 3702.111, 3721.025, 56
4112.15, 4115.101, 4117.24, 4723.282, 5101.331, 57
5101.34, 5101.341, 5101.342, 5101.343, 5101.50,
5101.501, 5101.502, 5101.51, 5101.511, 5101.512, 58
5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 59
5101.518, 5104.341, 5107.11, 5107.161, 5107.162,
5107.17, 5111.014, 5111.025, 5111.101, 5117.071, 60
5145.19, and 5145.20; and to repeal sections 61
101.64, 1155.131, 1163.17, 4121.07, 5107.77, and 62
5115.08 of the Revised Code; and to amend Section
3
5 of Am. Sub. S.B. 50 of the 121st General 63
Assembly, as subsequently amended; to amend 64
Section 153 of Am. Sub. H.B. 117 of the 121st 65
General Assembly, as subsequently amended; to 66
amend Section 3 of Am. Sub. H.B. 440 of the 121st 67
General Assembly, as subsequently amended; to
amend Section 3 of Am. Sub. H.B. 215 of the 122nd 68
General Assembly; to amend Sections 3.01, 3.03,
21, and 30.25 of Am. Sub. H.B. 850 of the 122nd 69
General Assembly; to amend Section 3 of Am. Sub. 71
H.B. 621 of the 122nd General Assembly; to amend
Section 4 of Sub. H.B. 167 of the 121st General 72
Assembly, as subsequently amended; to amend
Section 4 of Sub. H.B. 167 of the 121st General 73
Assembly, as subsequently amended, for the 74
purpose of changing its number to section
5101.86; to repeal Section 50.48 of Am. Sub. H.B. 75
215 of the 122nd General Assembly; to repeal 76
Section 25 of Am. Sub. H.B. 650 of the 122nd 78
General Assembly; and to repeal Section 17.03 of 79
Am. Sub. H.B. 850 of the 122nd General Assembly
to make operating appropriations for the biennium 81
beginning July 1, 1999, and ending June 30, 2001,
and to provide authorization and conditions for 82
the operation of state programs, and to terminate 83
the Muskingum River Advisory Council on December 84
31, 2002, by repealing section 1501.25 of the 85
Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 87
Section 1. That sections 109.081, 111.18, 117.14, 117.44, 89
117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 120.33, 90
122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 126.12, 92
4
126.21, 126.25, 126.31, 126.32, 127.16, 131.01, 149.30, 166.03,
166.05, 169.03, 173.35, 307.851, 307.98, 311.01, 329.04, 329.06, 94
329.12, 340.03, 901.41, 901.62, 901.63, 1155.07, 1155.10, 96
1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 97
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 98
2151.36, 2305.232, 2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 100
3109.18, 3375.90, 3383.08, 3517.152, 3701.04, 3701.261, 3701.262, 101
3701.263, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 102
3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3622.16, 103
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 3734.87, 3734.901, 105
3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 106
3748.13, 3750.02, 3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 107
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4501.27, 4511.191, 108
4511.83, 4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 111
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 112
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 113
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 115
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 116
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 117
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 118
5104.30, 5104.34, 5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 119
5107.18, 5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 120
5107.72, 5111.01, 5111.113, 5112.03, 5112.06, 5112.07, 5112.08, 121
5112.09, 5112.17, 5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 122
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 123
5502.25, 5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 125
5709.632, 5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 126
5743.55, 5743.59, 5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 128
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10 be amended; 129
sections 3701.261 (3335.60), 3701.262 (3335.61), and 3701.263 130
(3335.62) be amended for the purpose of adopting new section 131
numbers as indicated in parentheses; Section 4 of Sub. H.B. 167 132
of the 121st General Assembly, as amended by Sub. H.B. 710 of the 133
121st General Assembly and Am. Sub. H.B. 215 of the 122nd General 134
5
Assembly, be amended and renumbered as section 5101.86; and 136
sections 9.08, 117.441, 121.481, 131.39, 166.032, 173.011,
329.023, 329.041, 329.07, 1181.18, 1501.25, 3335.99, 3353.06, 138
3701.043, 3701.044, 3702.111, 3721.025, 4112.15, 4115.101, 139
4117.24, 4723.282, 5101.331, 5101.34, 5101.341, 5101.342,
5101.343, 5101.50, 5101.501, 5101.502, 5101.51, 5101.511, 141
5101.512, 5101.513, 5101.514, 5101.515, 5101.516, 5101.517, 142
5101.518, 5104.341, 5107.11, 5107.161, 5107.162, 5107.17, 143
5111.014, 5111.025, 5111.101, 5117.071, 5145.19, and 5145.20 of 144
the Revised Code be enacted to read as follows: 145
Sec. 9.08. THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL 147
CONDUCT AN ONGOING STUDY TO MONITOR THE PERFORMANCE OF ALL STATE 148
CORRECTIONAL FACILITIES THAT ARE PRIVATELY OPERATED AND MANAGED 149
PURSUANT TO SECTION 9.06 OF THE REVISED CODE, INCLUDING THE 150
FACILITIES LOCATED IN THE MUNICIPAL CORPORATIONS OF CONNEAUT AND 152
GRAFTON. THE DEPARTMENT SHALL DELINEATE THE SCOPE OF THE STUDY 153
AND MAY REVISE THE SCOPE OF THE STUDY WHEN APPROPRIATE. THE 154
DEPARTMENT SHALL MAKE REGULAR REPORTS CONTAINING THE FINDINGS OF 156
THE STUDY TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE 157
HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER 158
OF THE SENATE. THE DEPARTMENT SHALL SUBMIT A REPORT AT LEAST 159
ONCE PER YEAR BUT MAY SUBMIT REPORTS AT MORE FREQUENT INTERVALS. 160
IN EACH REPORT, THE DEPARTMENT SHALL DESCRIBE THE CURRENT SCOPE 161
OF THE STUDY.
Sec. 109.081. Nine UP TO ELEVEN per cent of all amounts 170
collected by the attorney general, whether by employees or agents 172
of the attorney general or by special counsel pursuant to section 173
109.08 of the Revised Code, on claims due the state shall be paid 174
into the state treasury to the credit of the attorney general
claims fund, which is hereby created. THE ATTORNEY GENERAL, 175
AFTER CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, 176
SHALL DETERMINE THE EXACT PERCENTAGE OF THOSE COLLECTED AMOUNTS 177
THAT SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE 178
FUND. The fund shall be used for the payment of expenses 180
6
incurred by the office of the attorney general.
Sec. 111.18. (A) The secretary of state shall keep a 189
record of all fees collected by the secretary of state and, 190
except as otherwise provided in this section and in sections 191
1309.401 and 1329.68 and division (C)(2) of section 3506.05 of 192
the Revised Code, shall pay, THROUGH JUNE 30, 2001, FIFTY PER 194
CENT OF them into the state treasury to the credit of the general 196
revenue fund AND FIFTY PER CENT OF THEM INTO THE STATE TREASURY 197
TO THE CREDIT OF THE CORPORATE AND UNIFORM COMMERCIAL CODE FILING 198
FUND CREATED UNDER SECTION 1309.401 OF THE REVISED CODE AND SHALL 199
PAY, ON AND AFTER JULY 1, 2001, ALL OF THEM INTO THE STATE 200
TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND. The
following THROUGH JUNE 30, 2001, ALL OF THE fees COLLECTED UNDER 203
DIVISIONS (I)(2) AND (N) OF SECTION 111.16 OF THE REVISED CODE
shall be paid into the state treasury to the credit of the THAT 206
corporate and uniform commercial code filing fund created in 208
section 1309.401 of the Revised Code. ON AND AFTER JULY 1, 2001, 209
THE FOLLOWING FEES SHALL BE PAID INTO THE STATE TREASURY TO THE 210
CREDIT OF THAT CORPORATE AND UNIFORM COMMERCIAL CODE FILING FUND: 211
(1) Twenty-five dollars of each fee collected under 213
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of 215
the Revised Code;
(2) Twenty-five dollars of each fee collected under 217
division (C) of section 1703.031 of the Revised Code; 219
(3) All fees collected under divisions (I)(2) and (N) of 222
section 111.16 of the Revised Code;
(4) All fees collected under section 1703.08 of the 224
Revised Code; 225
(5) Each fifty-dollar fee for amendments filed by foreign 227
nonprofit corporations under section 1703.27 of the Revised Code. 229
(B) The secretary of state may implement a credit card 231
payment program permitting payment of any fee charged by the 232
secretary of state by means of a credit card. The secretary of 233
state may open an account outside the state treasury in a 234
7
financial institution for the purpose of depositing credit card 235
receipts. Within forty-eight hours following the deposit of the 237
receipts, the financial institution shall make available to the 238
secretary of state funds in the amount of the receipts. The 239
secretary of state shall then pay these funds into the state
treasury to the credit of the general revenue fund, except as 240
otherwise provided by the Revised Code. 241
The secretary of state may pay the cost of any service 243
charge required by a financial institution or credit card company 244
in connection with a credit card payment program. 245
The secretary of state shall adopt rules as necessary to 247
carry out the purposes of this division. The rules shall include 248
standards for determining eligible financial institutions and the 249
manner in which funds shall be made available and shall be 250
consistent with the standards contained in sections 135.03, 251
135.18, and 135.181 of the Revised Code. 252
Sec. 117.14. A biennial AN ANNUAL audit of the office of 261
the auditor of state shall be made by an independent certified 263
public accountant appointed by a committee consisting of the 264
governor and the chairmen CHAIRPERSONS of the finance committees 265
of the senate and the house of representatives. The committee 267
shall make the appointment by the second Monday of October in 268
each odd-numbered THIRTY-FIRST DAY OF MARCH IMMEDIATELY PRECEDING 269
THE LAST DAY OF THE FISCAL year TO BE AUDITED and shall prescribe 271
the contract terms of the audit, which shall cover the period 273
beginning the second Monday of January of the current year and 274
ending the day preceding the second Monday of January of the next 275
odd-numbered year.
Not later than six months after the end of the biennial 277
period examined ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER, the 279
accountant shall submit a report of his THE audit COMPLETED UNDER 280
THIS SECTION FOR THE IMMEDIATELY PRECEDING FISCAL YEAR to each 281
member of the committee. One copy OF THE AUDIT REPORT shall be 282
filed with the state library for public inspection. An THE audit 283
8
report completed pursuant to this section is not a public record 284
under section 149.43 of the Revised Code until it is filed with 285
the state library. 286
The records of the auditor of state shall be made available 288
to the accountant. The accountant shall be paid from the general 289
revenue fund from an appropriation made for that purpose to the 290
office of budget and management. 291
If an auditor of state is for any reason unable to complete 293
his statutory term of office, there shall be an audit of the 295
office in addition to and in the same manner as the biennial 296
audit provided for in this section. 297
Sec. 117.44. To enhance local officials' background and 306
working knowledge of government accounting, budgeting and 307
financing, financial report preparation, and the rules adopted by 308
the auditor of state, the auditor of state shall hold training 309
programs for persons elected for the first time as township 310
clerks, city auditors, and village clerks, between the first day 311
of December and the fifteenth day of February immediately 312
following a general election for any of these offices. Similar 313
training may also be provided to any township clerk, city 314
auditor, or village clerk who is appointed to fill a vacancy or 315
who is elected in a special election. 316
The auditor of state also shall develop and provide an 318
annual training program of continuing education for village 319
clerks.
The auditor of state shall determine the manner, content, 321
and length of the training programs after consultation with 322
appropriate statewide organizations of local governmental 323
officials. The auditor of state shall charge the political 324
subdivisions that the trainees represent a registration fee that 325
will meet actual and necessary expenses of the training, 326
including instructor fees, site acquisition costs, and the cost 327
of course materials. The necessary personal expenses incurred by 328
the officials as a result of attending the training program shall 329
9
be borne by the political subdivisions they represent. 330
The auditor of state shall allow any other interested 332
person to attend any of the training programs that the auditor of 333
state holds pursuant to this section; provided, that before 335
attending any such training program, the interested person shall 336
pay to the auditor of state the full registration fee that the 337
auditor of state has set for the training program. 338
There is hereby established in the state treasury the 340
auditor of state training program fund, to be used by the auditor 341
of state for the actual and necessary expenses of any training 342
programs held pursuant to this section, SECTION 117.441, or 344
section 321.46 of the Revised Code. All registration fees 346
collected under this section shall be paid into the fund. 347
Sec. 117.441. THE AUDITOR OF STATE SHALL CONDUCT A 349
FIDUCIARY TRAINING PROGRAM FOR MEMBERS AND EMPLOYEES OF STATE 350
BOARDS AND COMMISSIONS. THE PROGRAM SHALL BE OFFERED AT LEAST 351
ANNUALLY. THE AUDITOR OF STATE SHALL DETERMINE THE MANNER AND 352
CONTENT OF THE PROGRAM AND MAY CHARGE A REGISTRATION FEE TO 353
DEFRAY THE ACTUAL AND NECESSARY EXPENSES OF THE PROGRAM. 354
MEMBERS AND EMPLOYEES OF STATE BOARDS AND COMMISSIONS MAY 356
ATTEND THE FIDUCIARY TRAINING PROGRAM OFFERED UNDER THIS SECTION. 357
IF A REGISTRATION FEE IS CHARGED FOR THE PROGRAM, THE AUDITOR OF 359
STATE SHALL DEPOSIT IT INTO THE AUDITOR OF STATE TRAINING PROGRAM 360
FUND ESTABLISHED UNDER SECTION 117.44 OF THE REVISED CODE. 361
Sec. 117.45. (A) The auditor of state shall draw warrants 370
against the treasurer of state pursuant to all requests for 371
payment that the director of budget and management has approved 372
under section 126.07 of the Revised Code. 373
(B) Unless the director of human services has provided for 375
the making of payments by electronic benefit transfer, if a 376
financial institution and account have been designated by the 377
participant or recipient, payment by the auditor of state to a 378
participant in the Ohio works first program pursuant to Chapter 380
5107. of the Revised Code or a recipient of disability assistance 382
10
pursuant to Chapter 5115. of the Revised Code shall be made by 383
direct deposit to the account of the participant or recipient in 384
the financial institution. Payment by the auditor of state to a 386
recipient of public assistance BENEFITS DISTRIBUTED THROUGH THE 387
MEDIUM OF ELECTRONIC BENEFIT TRANSFER pursuant to section 5101.33 388
of the Revised Code shall be by electronic benefit transfer. 389
Payment by the auditor of state as compensation to an employee of 391
the state who has, pursuant to section 124.151 of the Revised 392
Code, designated a financial institution and account for the 393
direct deposit of such payments shall be made by direct deposit 394
to the account of the employee. Payment to any other payee who 395
has designated a financial institution and account for the direct 396
deposit of such payment may be made by direct deposit to the 397
account of the payee in the financial institution as provided in 398
section 9.37 of the Revised Code. The auditor of state shall 399
contract with an authorized financial institution for the 400
services necessary to make direct deposits or electronic benefit 401
transfers under this division and draw lump sum warrants payable 402
to that institution in the amount to be transferred. Accounts 403
maintained by the auditor of state or the auditor of state's 404
agent in a financial institution for the purpose of effectuating 405
payment by direct deposit or electronic benefit transfer shall be 406
maintained in accordance with section 135.18 of the Revised Code. 407
(C) All other payments from the state treasury shall be 409
made by paper warrants OR BY DIRECT DEPOSIT payable to the 410
respective payees. The auditor of state may mail the paper 412
warrants to the respective payees or distribute them through 413
other state agencies, whichever the auditor of state determines 414
to be the better procedure.
(D) If the average per transaction cost the auditor of 416
state incurs in making direct deposits for a state agency exceeds 417
the average per transaction cost the auditor of state incurs in 419
drawing paper warrants for all public offices during the same 420
period of time, the auditor of state may certify the difference 421
11
in cost and the number of direct deposits for the agency to the 423
director of administrative services. The director shall 424
reimburse the auditor of state for such additional costs and add 425
the amount to the processing charge assessed upon the state 426
agency.
Sec. 118.01. As used in this chapter: 435
(A) "Advance tax payment notes" means the notes authorized 437
by section 118.24 of the Revised Code. 438
(B) "Appropriation measure" means any appropriation 440
measure, amendment of an appropriation measure, or supplement to 441
an appropriation measure of a municipal corporation, county, or 443
township referred to in sections 5705.38 and 5705.40 of the 444
Revised Code and any other action of a municipal corporation, 445
county, or township authorizing expenditure of money not 446
previously included in any appropriation measure. 447
(C) "Bond anticipation notes" means notes issued in 449
anticipation of the issuance of bonds. 450
(D) "Certificate of estimated resources" means the 452
official certificate of estimated resources of the county budget 453
commission and amendments of the certificate certified to the 454
municipal corporation, county, or township as provided for in 456
Chapter 5705. of the Revised Code. 457
(E) "Commission" means a financial planning and 459
supervision commission created by section 118.05 of the Revised 460
Code with respect to a municipal corporation, county, or 462
township.
(F) "Construction funds" means proceeds from the sale of 464
debt obligations restricted by law or pursuant to the proceedings 465
for the issuance of such debt obligations to use for permanent 466
improvements as defined in division (E) of section 5705.01 of the 467
Revised Code, including acquisition, construction, or extension 468
of public utilities, and moneys from any other sources restricted 469
to such purpose. 470
(G) "County auditor" means the county auditor with whom 472
12
tax budgets of the municipal corporation, county, or township are 475
to be filed in accordance with section 5705.30 of the Revised 476
Code.
(H) "County budget commission" means the county budget 478
commission to which the tax budget of the municipal corporation, 480
county, or township is to be submitted in accordance with section 481
5705.31 of the Revised Code.
(I) "Current revenue notes" means debt obligations 483
described in section 133.10 or Chapter 5705. of the Revised Code 484
or any other debt obligations issued to obtain funds for current 485
operating expenses. 486
(J) "Debt limits" means the limitations on net 488
indebtedness provided in sections 133.05, 133.07, and 133.09 of 490
the Revised Code, and also includes the limitation, known as the 491
"indirect debt limit," upon the issuance of unvoted bonds, notes, 492
or certificates of indebtedness resulting from the ten-mill 493
limitation provided for in section 5705.02 of the Revised Code. 494
(K) "Debt obligations" means bonds, notes, certificates of 496
indebtedness, bond anticipation notes, current revenue notes, 497
local government fund notes, or other obligations issued or 498
incurred in borrowing money, or to renew, refund, fund, or 499
refinance, or issued in exchange for, such obligations, and any 500
interest coupons pertaining thereto other than bonds or other 501
obligations issued under authority of Section 13 of Article VIII, 502
Ohio Constitution. 503
(L) "Default" means failure to pay the principal of or the 505
interest on a debt obligation, or failure to make other payment 506
to be made to the holder or owner of a debt obligation, in the 507
full amount and at the time provided for in the contractual 508
commitment with respect thereto, unless the time for such payment 509
has been extended by the owner or holder of the debt obligation 510
without penalty or premium and without the effect of subjecting 511
the municipal corporation, county, or township to the initiation 513
of remedies pertaining to such debt obligation or other debt 514
13
obligations.
(M) "Deficit fund" means the general fund or any special 516
fund that, as at the time indicated, has a deficit balance or a 517
balance that is less than the amount required to be in such fund 518
pursuant to law or pursuant to contractual requirements, 519
demonstrating that over a period of time expenditures charged or 520
chargeable to the fund have exceeded moneys credited to the fund, 521
or that moneys credited to the fund have not been in the amounts 522
required by law or contractual requirements. 523
(N) "Effective financial accounting and reporting system" 525
means an accounting and reporting system fully in compliance with 526
the requirements prescribed by and pursuant to Chapter 117. of 527
the Revised Code, with such modifications and supplements as are 528
to be provided pursuant to this chapter in order to meet and deal 529
with the fiscal emergency, provide to the auditor of state, the 530
commission, the financial supervisor, and the county budget 531
commission the information needed to carry out their functions, 532
and better ensure the implementation of the financial plan. 533
(O) "Financial plan" means the financial plan approved by 535
the commission in accordance with section 118.06 of the Revised 536
Code, as it may from time to time be amended in accordance with 537
this chapter. 538
(P) "Financial supervisor" means the auditor of state or a 541
firm of certified public accountants retained by a financial 542
planning and supervision commission pursuant to division (G) of 543
section 118.05 of the Revised Code with respect to a municipal 544
corporation, county, or township. 545
(Q) "Fiscal emergency" means the existence of fiscal 547
emergency conditions determined as provided in section 118.04 of 548
the Revised Code. 549
(R) "Fiscal emergency conditions" means any of the events 551
or occurrences described in section 118.03 of the Revised Code. 552
(S) "Fiscal emergency period" means the period of time 554
commencing on the date when the determination of a fiscal 555
14
emergency is made by the auditor of state pursuant to section 556
118.04 of the Revised Code and ending when the determination of 557
termination is made and certified pursuant to section 118.27 of 558
the Revised Code. 559
(T) "Fiscal watch" means the existence of fiscal watch 561
conditions as determined in accordance with section 118.022 of 562
the Revised Code.
(U) "Fiscal officer" means the fiscal officer of the 564
municipal corporation, county, or township as defined in division 566
(D) of section 5705.01 of the Revised Code. 567
(V) "Fringe benefits" means expenditures for goods and 569
services furnished to municipal, county, or township officers or 570
employees by the municipal corporation, county, or township, 572
including, but not limited to, such benefits as food, temporary 574
housing, and clothing, and the provision of pension, retirement, 575
disability, hospitalization, health care, insurance, or other 576
benefits to employees requiring the advance payment of money 577
other than directly to employees or other beneficiaries, or the 578
deposit or reservation of money for such purpose. 579
(W) "General fund" means the fund referred to in division 581
(A) of section 5705.09 of the Revised Code. 582
(X) "General fund budget" means aggregate revenues 584
available in the general fund during the applicable fiscal year 585
as shown by the certificate of estimated resources. 586
(Y) "Mayor" means the officer of the municipal corporation 589
designated as such by law or the chief executive officer under 590
the charter of the municipal corporation. 591
(Z) "Payroll" means compensation due and payable to 593
employees of the municipal corporation, county, or township, 595
other than fringe benefits.
(AA) "Revenue estimates" means the estimates of revenue 597
receipts to the credit of the general fund and special funds as 598
estimated and supplemented, modified, or amended by the municipal 600
corporation, county, or township, or the county budget 601
15
commission.
(BB) "Special funds" means any of the funds, other than 603
the general fund, referred to in sections 5705.09 and 5705.12 of 604
the Revised Code, and includes any fund created from the issuance 605
of debt obligations pursuant to Section 3 or 12 of Article XVIII, 606
Ohio Constitution, and any fund created in connection with the 607
issuance of debt obligations to provide moneys for the payment of 608
principal or interest, reserves therefor, or reserves or funds 609
for repair, maintenance, or improvements. 610
(CC) "Tax budget" means the tax budget provided for in 612
section 5705.28 of the Revised Code. 613
Sec. 118.05. (A) Pursuant to the powers of the general 622
assembly and for the purposes of this chapter, upon the 623
occurrence of a fiscal emergency in any municipal corporation, 625
county, or township, as determined pursuant to section 118.04 of 626
the Revised Code, there is established, with respect to that 627
municipal corporation, county, or township, a body both corporate 629
and politic constituting an agency and instrumentality of the 630
state and performing essential governmental functions of the 631
state to be known as the "financial planning and supervision
commission for ............... (name of municipal corporation, 632
county, or township)," which, in that name, may exercise all 634
authority vested in such a commission by this chapter. A 635
separate commission is established with respect to each municipal 636
corporation, county, or township as to which there is a fiscal 637
emergency as determined under this chapter. 638
(B) A ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A 640
commission shall consist of the following seven FIVE voting 642
members:
(1) Four THREE ex officio members: the treasurer of 645
state,; the director of budget and management,; in the case of a 646
municipal corporation, the mayor of the municipal corporation and 648
the presiding officer of the legislative authority of the 649
municipal corporation,; in the case of a county, the president of 650
16
the board of county commissioners and the county auditor,; and in 651
the case of a township, a member of the board of township 653
trustees and the county auditor.
The treasurer of state may designate a deputy treasurer or 655
director within the office of the treasurer of state OR ANY OTHER 656
APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE OF THE TREASURER OF 657
STATE'S OFFICE; the director of budget and management may 659
designate an individual within the office of budget and 660
management OR ANY OTHER APPROPRIATE PERSON WHO IS NOT AN EMPLOYEE 661
OF THE OFFICE OF BUDGET AND MANAGEMENT; the mayor may designate a 662
responsible official within his THE MAYOR'S office or the fiscal 664
officer of the municipal corporation; the presiding officer of 666
the legislative authority of the municipal corporation may 667
designate any other member of the legislative authority; the 669
board of county commissioners may designate any other member of 670
the board or the fiscal officer of the county; and the board of 671
township trustees may designate any other member of the board or 672
the fiscal officer of the township to attend the meetings of the 673
commission when the ex officio member making the designation is 674
absent or unable for any reason to attend. A designee, when 675
present, shall be counted in determining whether a quorum is 676
present at any meeting of the commission and may vote and 677
participate in all proceedings and actions of the commission. 678
The designations shall be in writing, executed by the EX OFFICIO 679
member OR ENTITY making the designation, and filed with the 681
secretary of the commission. The designations may be changed 682
from time to time in like manner, but due regard shall be given 683
to the need for continuity.
(2) Three TWO members nominated and appointed as follows: 685
The mayor and presiding officer of the legislative 687
authority of the municipal corporation, the board of county 689
commissioners, or the board of township trustees shall, within
ten days after the determination of the fiscal emergency by the 691
auditor of state under section 118.04 of the Revised Code, submit 692
17
in writing to the governor the nomination of five FOUR persons 693
agreed to by them and meeting the qualifications set forth in 695
this division. If the governor is not satisfied that at least 696
three TWO of the nominees are well qualified, the governor shall 698
notify the mayor and presiding officer, or the board of county 700
commissioners, or the board of township trustees to submit in 701
writing, within five days, additional nominees agreed upon by 702
them, not exceeding three. The governor shall appoint three TWO 703
members from all the agreed-upon nominees so submitted or a 704
lesser number that the governor considers well qualified WITHIN 706
THIRTY DAYS AFTER RECEIPT OF THE NOMINATIONS, and shall fill any 708
remaining positions on the commission by appointment of any other 709
persons meeting the qualifications set forth in this division. 710
All appointments by the governor shall be made with the advice 711
and consent of the senate. Each of the three TWO appointed 712
members shall serve during the life of the commission, subject to 714
removal by the governor for misfeasance, nonfeasance, or 715
malfeasance in office. In the event of the death, resignation, 716
incapacity, removal, or ineligibility to serve of an appointed 717
member, the governor, pursuant to the process for original 718
appointment, shall appoint a successor. 719
Each ONE of the three TWO appointed members shall be an 722
individual:
(a) Who WHO has knowledge and experience in financial 724
matters, financial management, or business organization or 725
operations, including at least five years of experience in the 726
private sector in the management of business or financial 727
enterprise, or in management consulting, public accounting, or 728
other professional activity; 729
(b) Whose residency, office, or principal place of 731
professional or business activity is situated within. ONE OF THE 733
TWO APPOINTED MEMBERS SHALL BE A RESIDENT OF the municipal 734
corporation, county, or township;.
(c) Who NEITHER OF THE TWO APPOINTED MEMBERS SHALL BE A 736
18
PERSON WHO has not, at any time during the five years preceding 738
the date of appointment, held any elected public office. AN 739
An appointed member of the commission shall not become a 741
candidate for elected public office while serving as a member of 742
the commission. 743
(C) Immediately after appointment of the initial three TWO 745
appointed members of the commission, the governor shall call the 746
first meeting of the commission and shall cause written notice of 747
the time, date, and place of the first meeting to be given to 748
each member of the commission at least forty-eight hours in 749
advance of the meeting. 750
(D) The commission DIRECTOR OF BUDGET AND MANAGEMENT shall 752
elect one of its members SERVE as chairperson and another OF THE 754
COMMISSION. THE COMMISSION SHALL ELECT ONE OF ITS MEMBERS TO 755
SERVE as vice-chairperson, and may appoint a secretary and any 757
other officers, who need not be members of the commission, it 758
considers necessary.
(E) The commission may adopt and alter bylaws and rules, 760
which shall not be subject to section 111.15 or Chapter 119. of 761
the Revised Code, for the conduct of its affairs and for the 762
manner, subject to this chapter, in which its powers and 763
functions shall be exercised and embodied. 764
(F) Five THREE members of the commission constitute a 766
quorum of the commission. The affirmative vote of five THREE 767
members of the commission is necessary for any action taken by 769
vote of the commission. No vacancy in the membership of the 770
commission shall impair the rights of a quorum by such vote to 771
exercise all the rights and perform all the duties of the 772
commission. Members of the commission, and their designees, are 773
not disqualified from voting by reason of the functions of the 774
other office they hold and are not disqualified from exercising 775
the functions of the other office with respect to the municipal 776
corporation, county, or township, its officers, or the 778
commission.
19
(G) The commission shall retain a AUDITOR OF STATE SHALL 780
SERVE AS THE "financial supervisor." TO THE COMMISSION UNLESS THE 782
AUDITOR OF STATE ELECTS TO CONTRACT FOR THAT SERVICE. As used in 784
this chapter, "financial supervisor" means the auditor of state
or a firm of certified public accountants with demonstrated 786
professional competence in matters relating to this chapter, 787
engaged by the commission pursuant to a contract approved by the 788
controlling board. 789
(H) At the request of the commission, the auditor of state 791
shall designate employees of the auditor of state's office to 793
assist the commission and the financial supervisor and to 794
coordinate the work of the auditor of state's office and the 795
financial supervisor. Upon the determination of a fiscal 796
emergency in any municipal corporation, county, or township, the 797
municipal corporation, county, or township shall provide the 799
commission with such reasonable office space in the principal 800
building housing city, county, or township government, where 802
feasible, as it determines is necessary to carry out its duties 803
under this chapter.
(I) The financial supervisor, the members of the 805
commission, the auditor of state, and any person authorized to 806
act on behalf of or assist them shall not be personally liable or 807
subject to any suit, judgment, or claim for damages resulting 808
from the exercise of or failure to exercise the powers, duties, 809
and functions granted to them in regard to their functioning 810
under this chapter, but the commission, the financial supervisor, 811
the auditor of state, and such THOSE other persons shall be 812
subject to mandamus proceedings to compel performance of their 814
duties under this chapter and with respect to any debt 815
obligations issued pursuant or subject to this chapter. 816
(J) At the request of the commission, the administrative 818
head of any state agency shall temporarily assign personnel 819
skilled in accounting and budgeting procedures to assist the 820
commission or the financial supervisor in its duties as financial 821
20
supervisor. 822
(K) The appointed members of the commission are not 824
subject to section 102.02 of the Revised Code. Each appointed 825
member of the commission shall file with the commission a signed 826
written statement setting forth the general nature of sales of 827
goods, property, or services or of loans to the municipal 829
corporation, county, or township with respect to which that 830
commission is established, in which the appointed member has a 832
pecuniary interest or in which any member of the appointed 833
member's immediate family, as defined in section 102.01 of the 834
Revised Code, or any corporation, partnership, or enterprise of 835
which the appointed member is an officer, director, or partner, 837
or of which the appointed member or a member of the appointed 839
member's immediate family, as so defined, owns more than a five 840
per cent interest, has a pecuniary interest, and of which sale, 841
loan, or interest such member has knowledge. The statement shall 842
be supplemented from time to time to reflect changes in the 843
general nature of any such sales or loans. 844
Sec. 120.04. (A) The state public defender shall serve at 853
the pleasure of the Ohio public defender commission and shall be 854
an attorney with a minimum of four years of experience in the 855
practice of law and be admitted to the practice of law in this 856
state at least one year prior to appointment. 857
(B) The state public defender shall do all of the 859
following:
(1) Maintain a central office in Columbus. The central 861
office shall be provided with a library of adequate size, 862
considering the needs of the office and the accessibility of 863
other libraries, and other necessary facilities and equipment. 864
(2) Appoint assistant state public defenders, all of whom 866
shall be attorneys admitted to the practice of law in this state, 867
and other personnel necessary for the operation of the state 868
public defender office. Assistant state public defenders shall 869
be appointed on a full-time basis. The state public defender, 870
21
assistant state public defenders, and employees appointed by the 871
state public defender shall not engage in the private practice of 872
law. 873
(3) Supervise the compliance of county public defender 875
offices, joint county public defender offices, and county 876
appointed counsel systems with standards established by rules of 877
the Ohio public defender commission pursuant to division (B) of 878
section 120.03 of the Revised Code; 879
(4) Keep and maintain financial records of all cases 881
handled and develop records for use in the calculation of direct 882
and indirect costs, in the operation of the office, and report 883
periodically, but not less than annually, to the commission on 884
all relevant data on the operations of the office, costs, 885
projected needs, and recommendations for legislation or 886
amendments to court rules, as may be appropriate to improve the 887
criminal justice system; 888
(5) Collect all moneys due the state for reimbursement for 890
legal services under this chapter and under section 2941.51 of 891
the Revised Code and institute any actions in court on behalf of 893
the state for the collection of such sums that the state public 894
defender considers advisable. Except as provided otherwise in 895
division (D) of section 120.06 of the Revised Code, all moneys 896
collected by the state public defender under this chapter and 897
section 2941.51 of the Revised Code shall be deposited in the 899
state treasury to the credit of the client payment fund, which is 900
hereby created. All moneys credited to the fund shall be used by 902
the state public defender to appoint assistant state public 903
defenders and to provide other personnel, equipment, and 904
facilities necessary for the operation of the state public 905
defender office, to reimburse counties for the operation of 906
county public defender offices, joint county public defender 907
offices, and county appointed counsel systems pursuant to 908
sections 120.18, 120.28, and 120.33 of the Revised Code, or to 909
provide assistance to counties in the operation of county 910
22
indigent defense systems.
(6) With respect to funds appropriated to the commission 912
to pay criminal costs, perform the duties imposed by section 913
SECTIONS 2949.19 AND 2949.201 of the Revised Code; 914
(7) Establish standards and guidelines for the 916
reimbursement, pursuant to sections 120.18, 120.28, 120.33, 917
2941.51, and 2949.19 of the Revised Code, of counties for the 918
operation of county public defender offices, joint county public 919
defender offices, and county appointed counsel systems and for 920
other costs related to felony prosecutions; 921
(8) Establish maximum amounts that the state will 923
reimburse the counties pursuant to sections 120.18, 120.28, 924
120.33, and 2941.51 of the Revised Code; 925
(9) Establish maximum amounts that the state will 927
reimburse the counties pursuant to section 120.33 of the Revised 928
Code for each specific type of legal service performed by a 929
county appointed counsel system; 930
(10) Administer sections 120.18, 120.28, 120.33, 2941.51, 932
and 2949.19 of the Revised Code and make reimbursements pursuant 933
to those sections; 934
(11) Administer the program established pursuant to 936
sections 120.51 to 120.55 of the Revised Code for the charitable 937
public purpose of providing financial assistance to legal aid 938
societies. Neither the state public defender nor any of the 939
state public defender's employees who is responsible in any way 941
for the administration of that program and who performs those 942
administrative responsibilities in good faith is in any manner 944
liable if a legal aid society that is provided financial 945
assistance under the program uses the financial assistance other 946
than in accordance with sections 120.51 to 120.55 of the Revised 947
Code or fails to comply with the requirements of those sections. 948
(12) Establish an office for the handling of appeal and 950
postconviction matters; 951
(13) Provide technical aid and assistance to county public 954
23
defender offices, joint county public defender offices, and other 955
local counsel providing legal representation to indigent persons, 956
including representation and assistance on appeals. 957
(C) The state public defender may do any of the following: 959
(1) In providing legal representation, conduct 961
investigations, obtain expert testimony, take depositions, use 962
other discovery methods, order transcripts, and make all other 963
preparations which are appropriate and necessary to an adequate 964
defense or the prosecution of appeals and other legal 965
proceedings; 966
(2) Seek, solicit, and apply for grants for the operation 968
of programs for the defense of indigent persons from any public 969
or private source, and may receive donations, grants, awards, and 970
similar funds from any lawful source. Such funds shall be 971
deposited in the state treasury to the credit of the public 972
defender gifts and grants fund, which is hereby created. 973
(3) Make all the necessary arrangements to coordinate the 975
services of the office with any federal, county, or private 976
programs established to provide legal representation to indigent 977
persons and others, and to obtain and provide all funds allowable 978
under any such programs; 979
(4) Consult and cooperate with professional groups 981
concerned with the causes of criminal conduct, the reduction of 982
crime, the rehabilitation and correction of persons convicted of 983
crime, the administration of criminal justice, and the 984
administration and operation of the state public defender's 985
office; 986
(5) Accept the services of volunteer workers and 988
consultants at no compensation other than reimbursement for 989
actual and necessary expenses; 990
(6) Prescribe any forms that are necessary for the uniform 992
operation of this chapter; 993
(7) Contract with a county public defender commission or a 995
joint county public defender commission to provide all or any 996
24
part of the services that a county public defender or joint 997
county public defender is required or permitted to provide by 998
this chapter, or contract with a board of county commissioners of 999
a county that is not served by a county public defender 1,000
commission or a joint county public defender commission for the 1,001
provision of services in accordance with section 120.33 of the 1,002
Revised Code. All money received by the state public defender 1,003
pursuant to such a contract shall be credited to EITHER the 1,004
county representation fund created pursuant to division (D) of 1,005
section 120.06 of the Revised Code MULTI-COUNTY: COUNTY SHARE 1,006
FUND OR, IF RECEIVED AS A RESULT OF A CONTRACT WITH TRUMBULL 1,007
COUNTY, THE TRUMBULL COUNTY: COUNTY SHARE FUND. 1,008
(8) Authorize persons employed as criminal investigators 1,010
to attend the Ohio peace officer training academy or any other 1,011
peace officer training school for training; 1,012
(9) Procure a policy or policies of malpractice insurance 1,014
that provide coverage for the state public defender and assistant 1,015
state public defenders in connection with malpractice claims that 1,016
may arise from their actions or omissions related to 1,017
responsibilities derived pursuant to this chapter. 1,018
(D) No person employed by the state public defender as a 1,020
criminal investigator shall attend the Ohio peace officer 1,021
training academy or any other peace officer training school 1,022
unless authorized to do so by the state public defender. 1,023
Sec. 120.06. (A)(1) The state public defender, when 1,032
designated by the court or requested by a county public defender 1,033
or joint county public defender, may provide legal representation 1,034
in all courts throughout the state to indigent adults and 1,035
juveniles who are charged with the commission of an offense or 1,036
act for which the penalty or any possible adjudication includes 1,037
the potential loss of liberty. 1,038
(2) The state public defender may provide legal 1,040
representation to any indigent person who, while incarcerated in 1,041
any state correctional institution, is charged with a felony 1,042
25
offense, for which the penalty or any possible adjudication that 1,043
may be imposed by a court upon conviction includes the potential 1,044
loss of liberty. 1,045
(3) The state public defender may provide legal 1,047
representation to any person incarcerated in any correctional 1,048
institution of the state, in any matter in which the person 1,049
asserts the person is unlawfully imprisoned or detained. 1,050
(4) The state public defender, in any case in which the 1,052
state public defender has provided legal representation or is 1,053
requested to do so by a county public defender or joint county 1,054
public defender, may provide legal representation on appeal. 1,055
(5) The state public defender, when designated by the 1,057
court or requested by a county public defender, joint county 1,058
public defender, or the director of rehabilitation and 1,059
correction, shall provide legal representation in parole and 1,060
probation revocation matters, unless the state public defender 1,061
finds that the alleged parole or probation violator has the 1,062
financial capacity to retain the alleged violator's own counsel. 1,064
(6) If the state public defender contracts with a county 1,066
public defender commission, a joint county public defender 1,067
commission, or a board of county commissioners for the provision 1,068
of services, under authority of division (C)(7) of section 120.04 1,069
of the Revised Code, the state public defender shall provide 1,070
legal representation in accordance with the contract. 1,071
(B) The state public defender shall not be required to 1,073
prosecute any appeal, postconviction remedy, or other proceeding 1,074
pursuant to division (A)(3), (4), or (5) of this section, unless 1,075
the state public defender first is satisfied that there is 1,076
arguable merit to the proceeding. 1,077
(C) A court may appoint counsel or allow an indigent 1,079
person to select the indigent's own personal counsel to assist 1,080
the state public defender as co-counsel when the interests of 1,081
justice so require. When co-counsel is appointed to assist the 1,082
state public defender, the co-counsel shall receive any 1,083
26
compensation that the court may approve, not to exceed the 1,084
amounts provided for in section 2941.51 of the Revised Code. 1,085
(D) When the state public defender is designated by the 1,087
court or requested by a county public defender or joint county 1,088
public defender to provide legal representation for an indigent 1,089
person in any case, other than pursuant to a contract entered 1,090
into under authority of division (C)(7) of section 120.04 of the 1,091
Revised Code, the state public defender shall send to the county 1,092
in which the case is filed an itemized bill for fifty per cent of 1,093
the actual cost of the representation. The county, upon receipt 1,094
of an itemized bill from the state public defender pursuant to 1,095
this division, shall pay fifty per cent of the actual cost of the 1,096
legal representation as set forth in the itemized bill. There is 1,097
hereby created in the state treasury the county representation 1,098
fund for the deposit of moneys received from counties under this 1,099
division. All moneys credited to the fund shall be used by the 1,100
state public defender to provide legal representation for 1,101
indigent persons when designated by the court or requested by a 1,102
county or joint county public defender. 1,103
(E)(1) Notwithstanding any contrary provision of sections 1,105
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised 1,106
Code that pertains to representation by the attorney general, an 1,107
assistant attorney general, or special counsel of an officer or 1,108
employee, as defined in section 109.36 of the Revised Code, or of 1,109
an entity of state government, the state public defender may 1,110
elect to contract with, and to have the state pay pursuant to 1,111
division (E)(2) of this section for the services of, private 1,112
legal counsel to represent the Ohio public defender commission, 1,113
the state public defender, assistant state public defenders, 1,114
other employees of the commission or the state public defender, 1,115
and attorneys described in division (C) of section 120.41 of the 1,116
Revised Code in a malpractice or other civil action or proceeding 1,117
that arises from alleged actions or omissions related to 1,118
responsibilities derived pursuant to this chapter, or in a civil 1,119
27
action that is based upon alleged violations of the constitution 1,120
or statutes of the United States, including section 1983 of Title 1,121
42 of the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1,122
1983, as amended, and that arises from alleged actions or 1,123
omissions related to responsibilities derived pursuant to this 1,124
chapter, if the state public defender determines, in good faith, 1,125
that the defendant in the civil action or proceeding did not act 1,126
manifestly outside the scope of the defendant's employment or 1,127
official responsibilities, with malicious purpose, in bad faith, 1,128
or in a wanton or reckless manner. If the state public defender 1,129
elects not to contract pursuant to this division for private 1,130
legal counsel in a civil action or proceeding, then, in 1,131
accordance with sections 109.02, 109.07, 109.361 to 109.366, and 1,132
120.03 of the Revised Code, the attorney general shall represent 1,133
or provide for the representation of the Ohio public defender 1,134
commission, the state public defender, assistant state public 1,135
defenders, other employees of the commission or the state public 1,136
defender, or attorneys described in division (C) of section 1,137
120.41 of the Revised Code in the civil action or proceeding. 1,138
(2)(a) Subject to division (E)(2)(b) of this section, 1,140
payment from the state treasury for the services of private legal 1,141
counsel with whom the state public defender has contracted 1,142
pursuant to division (E)(1) of this section shall be accomplished 1,143
only through the following procedure: 1,144
(i) The private legal counsel shall file with the attorney 1,146
general a copy of the contract; a request for an award of legal 1,147
fees, court costs, and expenses earned or incurred in connection 1,148
with the defense of the Ohio public defender commission, the 1,149
state public defender, an assistant state public defender, an 1,150
employee, or an attorney in a specified civil action or 1,151
proceeding; a written itemization of those fees, costs, and 1,152
expenses, including the signature of the state public defender 1,153
and the state public defender's attestation that the fees, costs, 1,155
and expenses were earned or incurred pursuant to division (E)(1) 1,156
28
of this section to the best of the state public defender's 1,157
knowledge and information; a written statement whether the fees, 1,159
costs, and expenses are for all legal services to be rendered in 1,160
connection with that defense, are only for legal services 1,161
rendered to the date of the request and additional legal services 1,162
likely will have to be provided in connection with that defense, 1,163
or are for the final legal services rendered in connection with 1,164
that defense; a written statement indicating whether the private 1,165
legal counsel previously submitted a request for an award under 1,166
division (E)(2) of this section in connection with that defense 1,167
and, if so, the date and the amount of each award granted; and, 1,168
if the fees, costs, and expenses are for all legal services to be 1,169
rendered in connection with that defense or are for the final 1,170
legal services rendered in connection with that defense, a 1,171
certified copy of any judgment entry in the civil action or 1,172
proceeding or a signed copy of any settlement agreement entered 1,173
into between the parties to the civil action or proceeding. 1,174
(ii) Upon receipt of a request for an award of legal fees, 1,176
court costs, and expenses and the requisite supportive 1,177
documentation described in division (E)(2)(a)(i) of this section, 1,178
the attorney general shall review the request and documentation; 1,179
determine whether any of the limitations specified in division 1,180
(E)(2)(b) of this section apply to the request; and, if an award 1,181
of legal fees, court costs, or expenses is permissible after 1,182
applying the limitations, prepare a document awarding legal fees, 1,183
court costs, or expenses to the private legal counsel. The 1,184
document shall name the private legal counsel as the recipient of 1,185
the award; specify the total amount of the award as determined by 1,186
the attorney general; itemize the portions of the award that 1,187
represent legal fees, court costs, and expenses; specify any 1,188
limitation applied pursuant to division (E)(2)(b) of this section 1,189
to reduce the amount of the award sought by the private legal 1,190
counsel; state that the award is payable from the state treasury 1,191
pursuant to division (E)(2)(a)(iii) of this section; and be 1,192
29
approved by the inclusion of the signatures of the attorney 1,193
general, the state public defender, and the private legal 1,194
counsel. 1,195
(iii) The attorney general shall forward a copy of the 1,197
document prepared pursuant to division (E)(2)(a)(ii) of this 1,198
section to the director of budget and management. The AWARD OF 1,199
LEGAL FEES, COURT COSTS, OR EXPENSES SHALL BE PAID OUT OF THE 1,200
STATE PUBLIC DEFENDER'S APPROPRIATIONS, TO THE EXTENT THERE IS A 1,201
SUFFICIENT AVAILABLE BALANCE IN THOSE APPROPRIATIONS. IF THE 1,202
STATE PUBLIC DEFENDER DOES NOT HAVE A SUFFICIENT AVAILABLE 1,203
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS TO PAY THE
ENTIRE AWARD OF LEGAL FEES, COURT COSTS, OR EXPENSES, THE 1,204
director shall make application for the payment of the award of 1,206
legal fees, court costs, or expenses A TRANSFER OF APPROPRIATIONS 1,207
out of the emergency purposes account or any other appropriation 1,209
for emergencies or contingencies, and payments IN AN AMOUNT EQUAL 1,210
TO THE PORTION OF THE AWARD THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,211
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS. A 1,212
TRANSFER OF APPROPRIATIONS out of that THE EMERGENCY PURPOSES 1,214
account or any other appropriation for emergencies or 1,215
contingencies shall be authorized if there are sufficient moneys 1,216
greater than the sum total of then pending emergency purposes 1,217
account requests, or requests for releases from the other 1,218
appropriation. If sufficient moneys exist in A TRANSFER OF 1,219
APPROPRIATIONS OUT OF the emergency purposes account or other 1,221
appropriation for emergencies or contingencies IS MADE to pay AN 1,222
AMOUNT EQUAL TO THE PORTION OF the award THAT EXCEEDS THE 1,223
SUFFICIENT AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S 1,224
APPROPRIATIONS, the director shall cause THE payment of the award 1,225
to be made to the private legal counsel. If sufficient moneys do 1,227
not exist in the emergency purposes account or other 1,228
appropriation for emergencies or contingencies to pay AN AMOUNT 1,229
EQUAL TO THE PORTION OF the award THAT EXCEEDS THE SUFFICIENT 1,230
AVAILABLE BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, 1,231
30
the private legal counsel shall request the general assembly to 1,232
make an appropriation sufficient to pay AN AMOUNT EQUAL TO THE 1,233
PORTION OF the award THAT EXCEEDS THE SUFFICIENT AVAILABLE 1,234
BALANCE IN THE STATE PUBLIC DEFENDER'S APPROPRIATIONS, and no 1,235
payment IN THAT AMOUNT shall be made until the appropriation has 1,236
been made. The private legal counsel shall make the request 1,237
during the current biennium and during each succeeding biennium 1,238
until a sufficient appropriation is made. 1,239
(b) An award of legal fees, court costs, and expenses 1,241
pursuant to division (E) of this section is subject to the 1,242
following limitations: 1,243
(i) The maximum award or maximum aggregate of a series of 1,245
awards of legal fees, court costs, and expenses to the private 1,246
legal counsel in connection with the defense of the Ohio public 1,247
defender commission, the state public defender, an assistant 1,248
state public defender, an employee, or an attorney in a specified 1,249
civil action or proceeding shall not exceed fifty thousand 1,250
dollars. 1,251
(ii) The private legal counsel shall not be awarded legal 1,253
fees, court costs, or expenses to the extent the fees, costs, or 1,254
expenses are covered by a policy of malpractice or other 1,255
insurance. 1,256
(iii) The private legal counsel shall be awarded legal 1,258
fees and expenses only to the extent that the fees and expenses 1,259
are reasonable in light of the legal services rendered by the 1,260
private legal counsel in connection with the defense of the Ohio 1,261
public defender commission, the state public defender, an 1,262
assistant state public defender, an employee, or an attorney in a 1,263
specified civil action or proceeding. 1,264
(c) If, pursuant to division (E)(2)(a) of this section, 1,266
the attorney general denies a request for an award of legal fees, 1,267
court costs, or expenses to private legal counsel because of the 1,268
application of a limitation specified in division (E)(2)(b) of 1,269
this section, the attorney general shall notify the private legal 1,271
31
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a 1,273
private legal counsel receives a denial of an award notification 1,274
or if a private legal counsel refuses to approve a document under 1,275
division (E)(2)(a)(ii) of this section because of the proposed 1,276
application of a limitation specified in division (E)(2)(b) of 1,277
this section, the private legal counsel may commence a civil 1,278
action against the attorney general in the court of claims to 1,279
prove the private legal counsel's entitlement to the award 1,280
sought, to prove that division (E)(2)(b) of this section does not 1,282
prohibit or otherwise limit the award sought, and to recover a 1,283
judgment for the amount of the award sought. A civil action 1,284
under division (E)(2)(d) of this section shall be commenced no 1,285
later than two years after receipt of a denial of award 1,286
notification or, if the private legal counsel refused to approve 1,287
a document under division (E)(2)(a)(ii) of this section because 1,288
of the proposed application of a limitation specified in division 1,289
(E)(2)(b) of this section, no later than two years after the 1,290
refusal. Any judgment of the court of claims in favor of the 1,291
private legal counsel shall be paid from the state treasury in 1,292
accordance with division (E)(2)(a) of this section. 1,293
(F) If a court appoints the office of the state public 1,296
defender to represent a petitioner in a postconviction relief 1,297
proceeding under section 2953.21 of the Revised Code, the 1,298
petitioner has received a sentence of death, and the proceeding 1,299
relates to that sentence, all of the attorneys who represent the 1,300
petitioner in the proceeding pursuant to the appointment, whether 1,301
an assistant state public defender, the state public defender, or 1,302
another attorney, shall be certified under Rule 65 of the Rules 1,303
of Superintendence for Common Pleas Courts to represent indigent 1,305
defendants charged with or convicted of an offense for which the 1,306
death penalty can be or has been imposed.
Sec. 120.18. (A) The county public defender commission's 1,315
report to the board of county commissioners shall be audited by 1,316
32
the county auditor. The board of county commissioners, after 1,317
review and approval of the audited report, may then certify it to 1,318
the state public defender for reimbursement. If a request for 1,319
the reimbursement of any operating expenditure incurred by a 1,320
county public defender office is not received by the state public 1,321
defender within sixty days after the end of the calendar month in 1,322
which the expenditure is incurred, the state public defender 1,323
shall not pay the requested reimbursement, unless the county has 1,324
requested, and the state public defender has granted, an 1,325
extension of the sixty-day time limit. Each request for 1,326
reimbursement shall include a certification by the county public 1,327
defender that the persons provided representation by the county 1,328
public defender's office during the period covered by the report 1,329
were indigent AND, FOR EACH PERSON PROVIDED REPRESENTATION DURING 1,330
THAT PERIOD, A FINANCIAL DISCLOSURE FORM COMPLETED BY THE PERSON 1,331
ON A FORM PRESCRIBED BY THE STATE PUBLIC DEFENDER. The state 1,332
public defender shall also review the report and, in accordance 1,334
with the standards, guidelines, and maximums established pursuant 1,335
to divisions (B)(7) and (8) of section 120.04 of the Revised 1,336
Code, prepare a voucher for fifty per cent of the total cost of 1,337
each county public defender's office for the period of time 1,338
covered by the certified report and a voucher for fifty per cent 1,339
of the costs and expenses that are reimbursable under section 1,340
120.35 of the Revised Code, if any, or, if the amount of money 1,341
appropriated by the general assembly to reimburse counties for 1,342
the operation of county public defender offices, joint county 1,343
public defender offices, and county appointed counsel systems is 1,344
not sufficient to pay fifty per cent of the total cost of all of 1,345
the offices and systems, for the lesser amount required by 1,346
section 120.34 of the Revised Code. For the purposes of this 1,347
section, "total cost" means total expenses minus costs and 1,348
expenses reimbursable under section 120.35 of the Revised Code 1,349
and any funds received by the county public defender commission 1,350
pursuant to a contract, except a contract entered into with a 1,351
33
municipal corporation pursuant to division (E) of section 120.14 1,352
of the Revised Code, gift, or grant. 1,353
(B) If the county public defender fails to maintain the 1,355
standards for the conduct of the office established by rules of 1,356
the Ohio public defender commission pursuant to divisions (B) and 1,357
(C) of section 120.03 or the standards established by the state 1,358
public defender pursuant to division (B)(7) of section 120.04 of 1,359
the Revised Code, the Ohio public defender commission shall 1,360
notify the county public defender commission and the board of 1,361
county commissioners of the county that the county public 1,362
defender has failed to comply with its rules or the standards of 1,363
the state public defender. Unless the county public defender 1,364
commission or the county public defender corrects the conduct of 1,365
his THE COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,366
and standards within ninety days after the date of the notice, 1,368
the state public defender may deny payment of all or part of the 1,369
county's reimbursement from the state provided for in division 1,370
(A) of this section. 1,371
Sec. 120.28. (A) The joint county public defender 1,381
commission's report to the joint board of county commissioners 1,382
shall be audited by the fiscal officer of the district. The 1,383
joint board of county commissioners, after review and approval of 1,384
the audited report, may then certify it to the state public 1,385
defender for reimbursement. If a request for the reimbursement 1,386
of any operating expenditure incurred by a joint county public 1,387
defender office is not received by the state public defender 1,388
within sixty days after the end of the calendar month in which 1,389
the expenditure is incurred, the state public defender shall not 1,390
pay the requested reimbursement, unless the joint board of county 1,391
commissioners has requested, and the state public defender has 1,392
granted, an extension of the sixty-day time limit. Each request 1,393
for reimbursement shall include a certification by the joint 1,394
county public defender that all persons provided representation 1,395
by the joint county public defender's office during the period 1,396
34
covered by the request were indigent AND, FOR EACH PERSON 1,397
PROVIDED REPRESENTATION DURING THAT PERIOD, A FINANCIAL 1,398
DISCLOSURE FORM COMPLETED BY THE PERSON ON A FORM PRESCRIBED BY 1,399
THE STATE PUBLIC DEFENDER. The state public defender shall also 1,401
review the report and, in accordance with the standards, 1,402
guidelines, and maximums established pursuant to divisions (B)(7) 1,403
and (8) of section 120.04 of the Revised Code, prepare a voucher 1,404
for fifty per cent of the total cost of each joint county public 1,405
defender's office for the period of time covered by the certified 1,406
report and a voucher for fifty per cent of the costs and expenses 1,407
that are reimbursable under section 120.35 of the Revised Code, 1,408
if any, or, if the amount of money appropriated by the general 1,409
assembly to reimburse counties for the operation of county public 1,410
defender offices, joint county public defender offices, and 1,411
county appointed counsel systems is not sufficient to pay fifty 1,412
per cent of the total cost of all of the offices and systems, for 1,413
the lesser amount required by section 120.34 of the Revised Code. 1,414
For purposes of this section, "total cost" means total expenses 1,415
minus costs and expenses reimbursable under section 120.35 of the 1,416
Revised Code and any funds received by the joint county public 1,417
defender commission pursuant to a contract, except a contract 1,418
entered into with a municipal corporation pursuant to division 1,419
(E) of section 120.24 of the Revised Code, gift, or grant. Each 1,420
county in the district shall be entitled to a share of such state 1,421
reimbursement in proportion to the percentage of the total cost 1,422
it has agreed to pay. 1,423
(B) If the joint county public defender fails to maintain 1,425
the standards for the conduct of the office established by the 1,426
rules of the Ohio public defender commission pursuant to 1,427
divisions (B) and (C) of section 120.03 or the standards 1,428
established by the state public defender pursuant to division 1,429
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,430
defender commission shall notify the joint county public defender 1,431
commission and the board of county commissioners of each county 1,432
35
in the district that the joint county public defender has failed 1,433
to comply with its rules or the standards of the state public 1,434
defender. Unless the joint public defender commission or the 1,435
joint county public defender corrects the conduct of his THE 1,436
JOINT COUNTY PUBLIC DEFENDER'S office to comply with the rules 1,438
and standards within ninety days after the date of the notice, 1,439
the state public defender may deny all or part of the counties' 1,440
reimbursement from the state provided for in division (A) of this 1,441
section.
Sec. 120.33. (A) In lieu of using a county public 1,451
defender or joint county public defender to represent indigent 1,452
persons in the proceedings set forth in division (A) of section 1,453
120.16 of the Revised Code, the board of county commissioners of 1,454
any county may adopt a resolution to pay counsel who are either 1,455
personally selected by the indigent person or appointed by the 1,456
court. The resolution shall include those provisions the board 1,457
of county commissioners considers necessary to provide effective 1,458
representation of indigent persons in any proceeding for which 1,459
counsel is provided under this section. The resolution shall 1,460
include provisions for contracts with any municipal corporation 1,461
under which the municipal corporation shall reimburse the county 1,462
for counsel appointed to represent indigent persons charged with 1,463
violations of the ordinances of the municipal corporation. 1,464
(1) In a county that adopts a resolution to pay counsel, 1,466
an indigent person shall have the right to do either of the 1,467
following: 1,468
(a) To select the person's own personal counsel to 1,470
represent the person in any proceeding included within the 1,471
provisions of the resolution;
(b) To request the court to appoint counsel to represent 1,473
the person in such a proceeding. 1,474
(2) The court having jurisdiction over the proceeding in a 1,476
county that adopts a resolution to pay counsel shall, after 1,477
determining that the person is indigent and entitled to legal 1,478
36
representation under this section, do either of the following: 1,479
(a) By signed journal entry recorded on its docket, enter 1,481
the name of the lawyer selected by the indigent person as counsel 1,482
of record; 1,483
(b) Appoint counsel for the indigent person if the person 1,485
has requested the court to appoint counsel and, by signed journal 1,486
entry recorded on its dockets, enter the name of the lawyer 1,487
appointed for the indigent person as counsel of record. 1,488
(3) The board of county commissioners shall establish a 1,490
schedule of fees by case or on an hourly basis to be paid to 1,491
counsel for legal services provided pursuant to a resolution 1,492
adopted under this section. Prior to establishing the schedule, 1,493
the board of county commissioners shall request the bar 1,494
association or associations of the county to submit a proposed 1,495
schedule. The schedule submitted shall be subject to the review, 1,496
amendment, and approval of the board of county commissioners. 1,497
(4) Counsel selected by the indigent person or appointed 1,499
by the court at the request of an indigent person in a county 1,500
that adopts a resolution to pay counsel, except for counsel 1,501
appointed to represent a person charged with any violation of an 1,502
ordinance of a municipal corporation that has not contracted with 1,503
the county commissioners for the payment of appointed counsel, 1,504
shall be paid by the county and shall receive the compensation 1,505
and expenses the court approves. Each request for payment shall 1,506
be accompanied by A FINANCIAL DISCLOSURE FORM AND an affidavit of 1,507
indigency THAT ARE completed by the indigent person on forms 1,509
prescribed by the state public defender. Compensation and 1,510
expenses shall not exceed the amounts fixed by the board of 1,511
county commissioners in the schedule adopted pursuant to division 1,512
(A)(3) of this section. No court shall approve compensation and 1,513
expenses that exceed the amount fixed pursuant to division (A)(3) 1,514
of this section.
The fees and expenses approved by the court shall not be 1,516
taxed as part of the costs and shall be paid by the county. 1,517
37
However, if the person represented has, or may reasonably be 1,518
expected to have, the means to meet some part of the cost of the 1,519
services rendered to the person, the person shall pay the county 1,521
an amount that the person reasonably can be expected to pay. 1,522
Pursuant to section 120.04 of the Revised Code, the county shall 1,523
pay to the state public defender a percentage of the payment 1,525
received from the person in an amount proportionate to the 1,527
percentage of the costs of the person's case that were paid to 1,528
the county by the state public defender pursuant to this section. 1,529
The money paid to the state public defender shall be credited to 1,530
the client payment fund created pursuant to division (B)(5) of 1,532
section 120.04 of the Revised Code. 1,533
The county auditor shall draw a warrant on the county 1,535
treasurer for the payment of counsel in the amount fixed by the 1,536
court, plus the expenses the court fixes and certifies to the 1,537
auditor. The county auditor shall report periodically, but not 1,538
less than annually, to the board of county commissioners and to 1,539
the Ohio public defender commission the amounts paid out pursuant 1,540
to the approval of the court. The board of county commissioners, 1,541
after review and approval of the auditor's report, may then 1,542
certify it to the state public defender for reimbursement. If a 1,543
request for reimbursement is not accompanied by A FINANCIAL 1,544
DISCLOSURE FORM AND an affidavit of indigency completed by the 1,546
indigent person on forms prescribed by the state public defender, 1,547
the state public defender shall not pay the requested 1,548
reimbursement. If a request for the reimbursement of the cost of 1,549
counsel in any case is not received by the state public defender 1,550
within ninety days after the end of the calendar month in which 1,551
the case is finally disposed of by the court, unless the county 1,552
has requested and the state public defender has granted an 1,553
extension of the ninety-day limit, the state public defender 1,554
shall not pay the requested reimbursement. The state public 1,555
defender shall also review the report and, in accordance with the 1,556
standards, guidelines, and maximums established pursuant to 1,557
38
divisions (B)(7) and (8) of section 120.04 of the Revised Code, 1,558
prepare a voucher for fifty per cent of the total cost of each 1,559
county appointed counsel system in the period of time covered by 1,560
the certified report and a voucher for fifty per cent of the 1,561
costs and expenses that are reimbursable under section 120.35 of 1,562
the Revised Code, if any, or, if the amount of money appropriated 1,563
by the general assembly to reimburse counties for the operation 1,564
of county public defender offices, joint county public defender 1,565
offices, and county appointed counsel systems is not sufficient 1,566
to pay fifty per cent of the total cost of all of the offices and 1,567
systems other than costs and expenses that are reimbursable under 1,568
section 120.35 of the Revised Code, for the lesser amount 1,569
required by section 120.34 of the Revised Code. 1,570
(5) If any county appointed counsel system fails to 1,572
maintain the standards for the conduct of the system established 1,573
by the rules of the Ohio public defender commission pursuant to 1,574
divisions (B) and (C) of section 120.03 or the standards 1,575
established by the state public defender pursuant to division 1,576
(B)(7) of section 120.04 of the Revised Code, the Ohio public 1,577
defender commission shall notify the board of county 1,578
commissioners of the county that the county appointed counsel 1,579
system has failed to comply with its rules or the standards of 1,580
the state public defender. Unless the board of county 1,581
commissioners corrects the conduct of its appointed counsel 1,582
system to comply with the rules and standards within ninety days 1,583
after the date of the notice, the state public defender may deny 1,584
all or part of the county's reimbursement from the state provided 1,586
for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint 1,588
county public defender to represent indigent persons in the 1,589
proceedings set forth in division (A) of section 120.16 of the 1,590
Revised Code, and in lieu of adopting the resolution and 1,591
following the procedure described in division (A) of this 1,592
section, the board of county commissioners of any county may 1,593
39
contract with the state public defender for the state public 1,594
defender's legal representation of indigent persons. A contract 1,596
entered into pursuant to this division may provide for payment 1,597
for the services provided on a per case, hourly, or fixed 1,598
contract basis.
(C) If a court appoints an attorney pursuant to this 1,600
section to represent a petitioner in a postconviction relief 1,601
proceeding under section 2953.21 of the Revised Code, the 1,602
petitioner has received a sentence of death, and the proceeding 1,603
relates to that sentence, the attorney who represents the 1,604
petitioner in the proceeding pursuant to the appointment shall be 1,605
certified under Rule 65 of the Rules of Superintendence for 1,606
Common Pleas Courts to represent indigent defendants charged with 1,608
or convicted of an offense for which the death penalty can be or 1,609
has been imposed.
Sec. 121.481. THE SPECIAL INVESTIGATIONS FUND IS HEREBY 1,611
CREATED IN THE STATE TREASURY FOR THE PURPOSE OF PAYING COSTS OF 1,612
INVESTIGATIONS CONDUCTED BY THE INSPECTOR GENERAL. IN RESPONSE 1,613
TO REQUESTS FROM THE INSPECTOR GENERAL, THE CONTROLLING BOARD MAY 1,614
MAKE TRANSFERS TO THE FUND FROM THE EMERGENCY PURPOSES 1,615
APPROPRIATION OF THE BOARD, SUBJECT TO THE FOLLOWING CONDITIONS: 1,616
(A) THE INSPECTOR GENERAL SHALL NOT REQUEST A TRANSFER 1,618
THAT WOULD CAUSE THE UNOBLIGATED, UNENCUMBERED BALANCE IN THE 1,619
FUND TO EXCEED ONE HUNDRED THOUSAND DOLLARS AT ANY ONE TIME; 1,620
(B) IN REQUESTING A TRANSFER, THE INSPECTOR GENERAL SHALL 1,622
NOT DISCLOSE ANY INFORMATION THAT WOULD RISK IMPAIRING THE 1,623
INVESTIGATION IF IT BECAME PUBLIC, PROVIDED THAT AFTER ANY 1,624
INVESTIGATION USING MONEY TRANSFERRED TO THE FUND FROM AN 1,625
EMERGENCY PURPOSES APPROPRIATION HAS BEEN COMPLETED, THE 1,626
INSPECTOR GENERAL SHALL REPORT TO THE BOARD THE OBJECT AND COST 1,627
OF THE INVESTIGATION, BUT NOT ANY INFORMATION DESIGNATED AS 1,628
CONFIDENTIAL UNDER SECTION 121.44 OF THE REVISED CODE. 1,629
Sec. 122.011. (A) The department of development shall 1,638
develop and promote plans and programs designed to assure that 1,639
40
state resources are efficiently used, economic growth is properly 1,640
balanced, community growth is developed in an orderly manner, and 1,641
local governments are coordinated with each other and the state, 1,642
and for such purposes may do all of the following: 1,643
(1) Serve as a clearinghouse for information, data, and 1,645
other materials that may be helpful or necessary to persons or 1,646
local governments, as provided in section 122.07 of the Revised 1,647
Code; 1,648
(2) Prepare and activate plans for the retention, 1,650
development, expansion, and use of the resources and commerce of 1,651
the state, as provided in section 122.04 of the Revised Code; 1,652
(3) Assist and cooperate with federal, state, and local 1,654
governments and agencies of federal, state, and local governments 1,656
in the coordination of programs to carry out the functions and
duties of the department; 1,657
(4) Encourage and foster research and development 1,659
activities, conduct studies related to the solution of community 1,660
problems, and develop recommendations for administrative or 1,661
legislative actions, as provided in section 122.03 of the Revised 1,662
Code; 1,663
(5) Serve as the economic and community development 1,665
planning agency, which shall prepare and recommend plans and 1,666
programs for the orderly growth and development of this state and 1,667
which shall provide planning assistance, as provided in section 1,668
122.06 of the Revised Code; 1,669
(6) Cooperate with and provide technical assistance to 1,671
state departments, political subdivisions, regional and local 1,672
planning commissions, tourist associations, councils of 1,673
government, community development groups, community action 1,674
agencies, and other appropriate organizations for carrying out 1,675
the functions and duties of the department or for the solution of 1,676
community problems.; 1,677
(7) Coordinate the activities of state agencies that have 1,679
an impact on carrying out the functions and duties of the 1,680
41
department; 1,681
(8) Encourage and assist the efforts of and cooperate with 1,683
local governments to develop mutual and cooperative solutions to 1,684
their common problems that relate to carrying out the purposes of 1,685
this section; 1,686
(9) Study existing structure, operations, AND financing of 1,688
regional or local government and those state activities that 1,689
involve significant relations with regional or local governmental 1,690
units, recommend to the governor and to the general assembly such 1,691
changes in these provisions and activities as will improve the 1,692
operations of regional or local government, and conduct other 1,693
studies of legal provisions that affect problems related to 1,694
carrying out the purposes of this section; 1,695
(10) Appoint, with the approval of the governor, technical 1,698
and other advisory councils as it considers appropriate, as 1,699
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 1,701
development to develop and administer programs and activities 1,702
that are authorized by federal statute or the Revised Code; 1,703
(12) Until June 30, 1999 JULY 1, 2001, review, analyze, 1,706
and summarize applications and information regarding the family 1,708
farm loan program forwarded to the department by a financial 1,709
institution pursuant to section 901.81 of the Revised Code, and 1,712
forward the applications, information, analyses, and summaries to 1,713
the director of agriculture; 1,714
(13) Until June 30, 1999 JULY 1, 2001, establish fees and 1,717
charges, in consultation with the director of agriculture, for 1,719
purchasing loans from financial institutions and providing loan 1,720
guarantees under the family farm loan program created under 1,722
sections 901.80 to 901.83 of the Revised Code;
(14) Provide loan servicing for the loans purchased and 1,724
loan guarantees provided under section 901.80 of the Revised Code 1,726
as such THAT section existed prior to June 30, 1999 JULY 1, 2001; 1,728
(15) Until June 30, 1999 JULY 1, 2001, and upon approval 1,731
42
by the controlling board under division (A)(3) of section 901.82 1,732
of the Revised Code of the release of money to be used for 1,735
purchasing a loan or providing a loan guarantee, request the
release of such THAT money in accordance with division (B) of 1,738
section 166.03 of the Revised Code for use for the purposes of 1,741
the fund created by section 166.031 of the Revised Code. 1,742
(B) The department, by rule, shall establish criteria 1,744
defining nonprofit corporations that are eligible for appointment 1,745
as qualified agents pursuant to sections 135.81 to 135.88 of the 1,746
Revised Code. The criteria shall require that a corporation be 1,747
organized pursuant to Chapter 1702. of the Revised Code and have 1,748
as its primary purpose the promotion of economic development or 1,749
the creation or retention of jobs and job opportunities. The 1,750
criteria may include a specification as to the professional 1,751
qualifications of the corporation employees, a minimum elapsed 1,752
period of time since the corporation was organized, current and 1,753
former activities of the corporation, and such other criteria 1,754
reasonably related to the foregoing that relate to the ability of 1,755
the corporation to act as a qualified agent for the purposes of 1,756
sections 135.51 to 135.88 of the Revised Code. 1,757
(C) The director of development may request the attorney 1,759
general to, and the attorney general, in accordance with section 1,760
109.02 of the Revised Code, shall bring a civil action in any 1,762
court of competent jurisdiction. The director may be sued in the 1,763
director's official capacity, in connection with this chapter, in 1,764
accordance with Chapter 2743. of the Revised Code.
Sec. 124.04. In addition to those powers enumerated in 1,773
Chapters 123. and 125. of the Revised Code and as provided 1,774
elsewhere by law, the powers, duties, and functions of the 1,775
department of administrative services not specifically vested in 1,776
and assigned to, or to be performed by, the state personnel board 1,777
of review are hereby vested in and assigned to, and shall be 1,778
performed by, the director of administrative services. These 1,780
powers, duties, and functions shall include, but shall not be
43
limited to, the following powers, duties, and functions: 1,781
(A) To prepare, conduct, and grade all competitive 1,783
examinations for positions in the classified state service; 1,784
(B) To prepare, conduct, and grade all noncompetitive 1,786
examinations for positions in the classified state service; 1,787
(C) To prepare eligible lists containing the names of 1,789
persons qualified for appointment to positions in the classified 1,790
state service; 1,791
(D) To prepare or amend, in accordance with section 124.14 1,793
of the Revised Code, specifications descriptive of duties, 1,794
responsibilities, requirements, and desirable qualifications of 1,795
the various classifications of positions in the state service; 1,796
(E) To allocate and reallocate, upon the motion of the 1,799
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position, 1,800
office, or employment in the state service to the appropriate 1,801
classification on the basis of the duties, responsibilities, 1,802
requirements, and qualifications of such position, office, or 1,803
employment;
(F) To develop and conduct personnel recruitment services 1,805
for positions in the state service; 1,806
(G) To conduct research on specifications, 1,808
classifications, and salaries of positions in the state service; 1,809
(H) To develop and conduct personnel training programs in 1,811
cooperation with appointing authorities; 1,812
(I) To enter into agreements with universities and 1,814
colleges for in-service training of personnel in the state CIVIL 1,816
service; 1,817
(J) To appoint such examiners, inspectors, clerks, and 1,819
other assistants as are necessary in the exercise of the powers 1,820
and performance of the duties and functions which the director is 1,821
by law authorized and required to exercise and perform and to 1,822
prescribe the duties of all such employees; 1,823
(K) To maintain a journal, which shall be open to public 1,825
44
inspection, in which the director shall keep a record of the 1,827
director's final decision pertaining to the classification or 1,828
reclassification of positions in the state classified service and 1,829
assignment or reassignment of employees in the state classified 1,830
service to specific position classifications; 1,831
(L) To delegate any of the powers, functions, or duties 1,833
granted or assigned to the director under this chapter to any 1,834
other state agency of this state as the director considers 1,835
necessary; 1,836
(M) To delegate any of the powers, functions, or duties 1,838
granted or assigned to the director under this chapter to any 1,839
political subdivision with the concurrence of the legislative 1,840
authority of the political subdivision. 1,841
Sec. 124.07. The director of administrative services shall 1,850
appoint such examiners, inspectors, clerks, and other assistants 1,851
as are necessary to carry out sections 124.01 to 124.64 of the 1,852
Revised Code. The director may designate persons in or out of 1,853
the official service of the state to serve as examiners or 1,854
assistants under his THE DIRECTOR'S direction. An examiner or 1,855
assistant shall receive such compensation for each day actually 1,857
and necessarily spent in the discharge of his duties as AN 1,858
examiner or assistant as is determined by the director; provided, 1,860
that if any such examiner or assistant is in the official service 1,861
of the state, or any political subdivision thereof OF THE STATE, 1,862
it shall be a part of his THE EXAMINER'S OR ASSISTANT'S official 1,864
duties to render such services in connection with such 1,865
examination without extra compensation.
Each state agency and state-supported college and 1,867
university shall pay the cost of the services and facilities 1,868
furnished to it by the department of administrative services that 1,869
are necessary to provide and maintain payroll services as 1,870
prescribed in section 125.21 of the Revised Code and state merit 1,871
standards as prescribed in sections 124.01 to 124.64 of the 1,872
Revised Code for the agency, college, or university. If a 1,873
45
municipal corporation chooses to use the services and facilities 1,874
furnished by the department that are necessary to provide and 1,875
maintain the standards so prescribed, the municipal corporation 1,876
shall pay the cost of the services and facilities that the 1,877
department furnishes to it. Such charges against a state agency, 1,878
state college or university, or municipal corporation shall be 1,879
computed on a reasonable cost basis in accordance with procedures 1,880
prescribed by the director of budget and management. Any moneys 1,881
the department of administrative services receives from any such 1,882
state agency, college, university, or municipal corporation which 1,883
are in excess of the amount necessary to pay the cost of 1,884
furnishing such services and facilities during any fiscal year 1,885
shall be either refunded to or credited for the ensuing fiscal 1,886
year to the state agency, college, university, or municipal 1,887
corporation that contributed the excess moneys. 1,888
The director of administrative services may enter into an 1,890
agreement with any municipal corporation or other political 1,891
subdivision to furnish services and facilities of the department 1,892
of administrative services in the administration of its merit 1,893
program. Such agreement shall provide that the department of 1,894
administrative services shall be reimbursed for the reasonable 1,895
costs of such services and facilities as determined by the 1,896
director of administrative services. 1,897
All moneys received by the department of administrative 1,899
services as reimbursement for payroll and merit program services 1,900
performed and facilities furnished shall be paid into the state 1,901
treasury to the credit of the personnel HUMAN RESOURCES services 1,902
fund, which is hereby created. 1,904
In counties of the state in which are located cities having 1,906
municipal civil service commissions, the director may designate 1,907
the municipal civil service commission of the largest city within 1,908
such county as his THE DIRECTOR'S agent for the purpose of 1,909
carrying out such provisions of sections 124.01 to 124.64 of the 1,911
Revised Code, within such counties, as the director designates. 1,912
46
Each municipal civil service commission designated as agent of 1,913
the director shall, at the end of each month, render an itemized 1,914
statement to the director of the cost incurred by such commission 1,915
for work done as agent of the director, and the director shall, 1,916
after approving such statement, pay the total amount thereof OF 1,917
IT to the treasurer of such municipal corporation in the same 1,919
manner as other expenses of the department of administrative 1,920
services.
The director, examiners, inspectors, clerks, and assistants 1,922
shall, in addition to their salaries, receive reimbursement for 1,923
such necessary traveling and other expenses as are incurred in 1,924
the actual discharge of their official duties. The director may 1,925
also incur the necessary expenses for stationery, printing, and 1,926
other supplies incident to the business of the department of 1,927
administrative services. 1,928
Sec. 125.023. During the period of an emergency as defined 1,937
in section 5502.21 of the Revised Code, the department of 1,938
administrative services may suspend, with regard to the emergency 1,939
management agency established in section 5502.22 of the Revised 1,940
Code or any other state agency participating in recovery 1,941
activities as defined in section 5502.21 of the Revised Code, the 1,942
purchasing and contracting requirements contained in sections 1,944
125.02 to 125.111 of the Revised Code and any of the requirements 1,945
of Chapter 153. of the Revised Code that otherwise would apply to 1,946
the agency. The director of public safety or the deputy 1,947
EXECUTIVE director of the emergency management agency shall make 1,949
the request for the suspension of these requirements to the
department of administrative services concurrently with the 1,951
request to the governor or the president of the United States for 1,952
the declaration of an emergency. The governor also shall include 1,953
in any proclamation the governor issues declaring an emergency 1,954
language requesting the suspension of those requirements during 1,955
the period of the emergency. 1,956
Sec. 125.04. (A) Except as provided in division (D) of 1,965
47
this section, the department of administrative services shall 1,966
determine what supplies and services are purchased by or for 1,967
state agencies. Whenever the department of administrative 1,968
services makes any change or addition to the lists of supplies 1,969
and services that it determines to purchase for state agencies, 1,970
it shall provide a list to the agencies of the changes or 1,971
additions and indicate when the department will be prepared to 1,972
furnish each item listed. Except for the requirements of 1,973
division (B) of section 125.11 of the Revised Code, sections 1,974
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not 1,975
apply to or affect the educational institutions of the state. 1,976
The department shall not include the bureau of workers' 1,977
compensation in the lists of supplies, equipment, and services 1,978
purchased and furnished by the department. 1,979
Nothing in this division precludes the bureau from entering 1,981
into a contract with the department for the department to perform 1,982
services relative to supplies, equipment, and services contained 1,983
in this division for the bureau. 1,984
(B) As used in this division, "political subdivision" 1,986
means any county, township, municipal corporation, school 1,987
district, conservancy district, township park district, park 1,988
district created under Chapter 1545. of the Revised Code, 1,989
regional transit authority, regional airport authority, regional 1,990
water and sewer district, or port authority. "Political 1,991
subdivision" also includes any other political subdivision 1,992
described in the Revised Code that has been approved by the 1,993
department to participate in the department's contracts under
this division. 1,994
Subject to division (C) of this section, the department of 1,997
administrative services may permit a political subdivision to 1,998
participate in contracts into which the department has entered 1,999
for the purchase of supplies and services. Any political 2,000
subdivision desiring to participate in such THOSE purchase 2,001
contracts shall file with the department a certified copy of an 2,003
48
ordinance or resolution of the legislative authority or governing 2,004
board of the political subdivision. The resolution or ordinance 2,005
shall request that the political subdivision be authorized to 2,006
participate in such THOSE contracts and shall agree that the 2,007
political subdivision will be bound by such THE terms and 2,009
conditions as the department prescribes and that it will directly 2,011
pay the vendor under each purchase contract. The department may 2,012
charge a political subdivision a reasonable fee to cover the 2,013
administrative costs the department incurs as a result of the 2,014
subdivision's participation in the purchase contract. Purchases 2,015
made by a political subdivision under this division are exempt 2,016
from any competitive selection procedures otherwise required by 2,017
law. No political subdivision shall make any purchase under this 2,018
division when bids have been received for such THE purchase by 2,019
the subdivision, unless such THE purchase can be made upon the 2,020
same terms, conditions, and specifications at a lower price under 2,021
this division. 2,022
The department shall include in its annual report an 2,024
estimate of the cost it incurs by permitting political 2,025
subdivisions to participate in contracts pursuant to this 2,026
division. The department may require political subdivisions 2,027
participating in contracts pursuant to this division to file a 2,028
report with the department, as often as it finds necessary, 2,029
stating how many such OF THOSE contracts the political 2,030
subdivisions participate in within a specified period of time, 2,032
and any other information the department requires. 2,033
(C) A political subdivision as defined in division (B) of 2,035
this section may purchase supplies or services from another 2,037
party, including another political subdivision, instead of
through participation in contracts described in division (B) of 2,039
this section if the political subdivision can purchase those 2,040
supplies or services from the other party upon equivalent terms, 2,041
conditions, and specifications but at a lower price than it can 2,042
through those contracts. Purchases that a political subdivision 2,043
49
makes under this division are exempt from any competitive 2,044
selection procedures otherwise required by law. A political 2,045
subdivision that makes any purchase under this division shall 2,046
maintain sufficient information regarding the purchase to verify 2,048
that the political subdivision satisfied the conditions for 2,049
making a purchase under this division. Nothing in this division 2,050
restricts any action taken by a county or township as authorized 2,052
by division (A) of section 9.48 of the Revised Code. 2,053
(D) This section does not apply to supplies or services 2,055
required by the legislative or judicial branches, boards of 2,056
elections, the capitol square review and advisory board, OR the 2,057
adjutant general, to supplies or services purchased by a state 2,058
agency directly as provided in division (A) or (E) of section 2,059
125.05 of the Revised Code, to purchases of supplies or services 2,061
for the emergency management agency as provided in section 2,062
125.023 of the Revised Code, TO PURCHASES OF SUPPLIES OR SERVICES 2,063
BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE 2,064
NORTHWEST OHIO CLOSE SECURITY PRISON AS PROVIDED IN DIVISION (B) 2,065
OF SECTION 5145.19 OF THE REVISED CODE, or to purchases of 2,066
supplies or services for the department of rehabilitation and 2,067
correction in its operation of the program for the employment of 2,068
prisoners established under section 5145.16 of the Revised Code 2,069
that shall be made pursuant to rules adopted by the director of 2,070
administrative services and the director of rehabilitation and 2,071
correction in accordance with Chapter 119. of the Revised Code. 2,072
The rules may provide for the exemption of the program for the 2,073
employment of prisoners from the requirements of division (A) of 2,074
this section.
Sec. 125.15. All state agencies required to secure any 2,084
equipment, materials, supplies, services, or contracts of
insurance from the department of administrative services shall 2,085
make acquisition in the manner and upon forms prescribed by the 2,086
director of administrative services and shall reimburse the 2,087
department for the equipment, materials, supplies, services, or 2,088
50
contracts of insurance, including a reasonable sum to cover the 2,089
department's administrative costs, wherever WHENEVER 2,090
reimbursement is required by the department. The money so paid 2,091
shall be deposited in the state treasury to the credit of the 2,092
general services fund, computer services fund, or 2,094
telecommunication THE INFORMATION TECHNOLOGY fund, as 2,095
appropriate. Such funds are hereby created. 2,096
Sec. 125.28. Each state agency that is supported in whole 2,105
or in part by nongeneral revenue fund money and that occupies 2,106
space in the James A. Rhodes or Frank J. Lausche state office 2,107
tower, Toledo government center, Senator Oliver R. Ocasek 2,108
government office building, Vern Riffe center for government and 2,109
the arts, state of Ohio computer center, capitol square, or 2,110
governor's mansion shall reimburse the general revenue fund for 2,111
the cost of occupying such THE space in the ratio that the 2,112
occupied space in each facility attributable to such money bears 2,114
to the total space occupied by the state agency in the facility. 2,115
All agencies that occupy space in the old blind school, OR 2,118
the Ohio departments building, or THAT OCCUPY WAREHOUSE SPACE IN 2,119
the general services facility shall reimburse the department for 2,121
the cost of occupying such THE space. The director of 2,123
administrative services shall determine the amount of debt 2,124
service, if any, to be charged to building tenants and shall 2,125
collect reimbursements therefor FOR IT. 2,126
Each agency that is supported in whole or in part by 2,128
nongeneral revenue fund money and that occupies space in any 2,129
other facility or facilities owned and maintained by the 2,130
department of administrative services OR SPACE IN THE GENERAL 2,131
SERVICES FACILITY OTHER THAN WAREHOUSE SPACE shall reimburse the 2,132
department for the cost of occupying such THE space, including 2,133
debt service, if any, in the ratio that the occupied space in 2,135
each facility attributable to such money bears to the total space 2,136
occupied by the state agency in the facility. 2,137
The director of administrative services may provide 2,139
51
building maintenance services AND SKILLED TRADES SERVICES to any 2,140
state agency occupying space in a facility THAT IS not owned by 2,142
the department of administrative services and MAY collect 2,143
reimbursements for the cost of providing such services. 2,144
All money collected by the department for operating 2,147
expenses of facilities owned or maintained by the department 2,148
shall be deposited into the state treasury to the credit of the 2,149
facilities BUILDING management fund, which is hereby created. 2,151
ALL MONEY COLLECTED BY THE DEPARTMENT FOR SKILLED TRADES SERVICES 2,152
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE
SKILLED TRADES FUND, WHICH IS HEREBY CREATED. All money 2,153
collected for debt service shall be deposited into the general 2,155
revenue fund.
The director of administrative services shall determine the 2,157
reimbursable cost of space in state-owned or state-leased 2,159
facilities and shall collect reimbursements therefor FOR THAT 2,160
COST.
Sec. 126.12. (A) The office of budget and management 2,169
shall prepare and administer a statewide indirect cost allocation 2,171
plan that provides for the recovery of statewide indirect costs 2,172
from any fund of the state. The director of budget and 2,173
management may make transfers of statewide indirect costs from 2,174
the appropriate fund of the state to the general revenue fund on 2,175
an intrastate transfer voucher. The director, for reasons of 2,176
sound financial management, also may waive the recovery of 2,177
statewide indirect costs. Prior to making a transfer in 2,178
accordance with this division, the director shall notify the 2,179
affected agency of the amounts to be transferred. 2,180
(B) As used in this section, "statewide indirect costs" 2,182
means operating costs incurred by an agency in providing services 2,183
to any other agency, for which there was no billing to such other 2,184
agency for the services provided, and for which disbursements 2,185
have been made from the general revenue fund. 2,186
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 2,188
52
IN ORDER TO REDUCE THE PAYMENT OF ADJUSTMENTS TO THE FEDERAL 2,189
GOVERNMENT AS DETERMINED UNDER THE PLAN PREPARED UNDER DIVISION 2,190
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL, 2,191
ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH FISCAL YEAR, 2,192
DESIGNATE SUCH FUNDS OF THE STATE AS THE DIRECTOR CONSIDERS 2,193
NECESSARY TO RETAIN THEIR OWN INTEREST EARNINGS. 2,194
Sec. 126.21. (A) The director of budget and management 2,203
shall do all of the following: 2,205
(A)(1) Keep all necessary accounting records; 2,207
(B)(2) Prescribe and maintain the accounting system of the 2,209
state and establish appropriate accounting procedures and charts 2,210
of accounts; 2,211
(C)(3) Establish procedures for the use of written, 2,213
electronic, optical, or other communications media for approving 2,215
payment vouchers;
(D)(4) Reconcile, in the case of any variation between the 2,217
amount of any appropriation and the aggregate amount of items 2,218
thereof OF THE APPROPRIATION, with the advice and assistance of 2,219
the state agency affected thereby BY IT and the legislative 2,221
budget office of the legislative service commission, totals so as 2,222
to correspond in the aggregate with the total appropriation. In 2,223
the case of a conflict between the item and the total of which it 2,224
is a part, the item shall be considered the intended 2,225
appropriation.
(E)(5) Evaluate on an ongoing basis and, if necessary, 2,227
recommend improvements to the internal controls used in state 2,228
agencies; 2,229
(F)(6) Authorize the establishment of petty cash accounts. 2,232
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to 2,233
return to the state treasury any unexpended balance shown by the 2,235
officer's accounts to be on hand. Any officer who is issued a
warrant for petty cash shall render a detailed account of the 2,237
expenditures of such THE petty cash and shall report when 2,238
53
requested the balance of petty cash on hand at any time. 2,240
(G)(7) Process orders, invoices, vouchers, claims, and 2,242
payrolls and prepare financial reports and statements; 2,243
(H)(8) Perform such extensions, reviews, and compliance 2,246
checks prior to approving a payment as the director considers 2,247
necessary; 2,248
(I)(9) Issue the official comprehensive annual financial 2,250
report of the state. The report shall cover all funds and 2,251
account groups of the state reporting entity and shall include 2,252
general purpose financial statements prepared in accordance with 2,253
generally accepted accounting principles and such other 2,254
information as the director provides. All state agencies, 2,255
authorities, institutions, offices, retirement systems, and other 2,256
component units of the state reporting entity as determined by 2,257
the director shall furnish the director whatever financial 2,258
statements and other information the director requests for the 2,260
report, in such THE form, at such THE times, covering such THE 2,261
periods, and with such THE attestation as the director 2,262
prescribes. The information for state institutions of higher 2,263
education, as such term is defined in section 3345.011 of the 2,264
Revised Code, shall be submitted to the director by the Ohio 2,265
board of regents. The board shall establish a due date by which 2,266
each such institution shall submit the information to the board, 2,267
but no such date shall be later than one hundred twenty days 2,268
after the end of the state fiscal year unless a later date is 2,269
approved by the director.
(B) IN ADDITION TO THE DIRECTOR'S DUTIES UNDER DIVISION 2,272
(A) OF THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY
ESTABLISH AND ADMINISTER ONE OR MORE STATE PAYMENT CARD PROGRAMS 2,273
THAT PERMIT OR REQUIRE STATE AGENCIES TO USE A PAYMENT CARD TO 2,274
PURCHASE EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES IN 2,275
ACCORDANCE WITH GUIDELINES ISSUED BY THE DIRECTOR. THE DIRECTOR 2,276
MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE THE PAYMENT
CARDS AND PAYMENT CARD SERVICES. STATE AGENCIES MAY ONLY 2,277
54
PARTICIPATE IN STATE PAYMENT CARD PROGRAMS THAT THE DIRECTOR 2,278
ESTABLISHES PURSUANT TO THIS SECTION.
Sec. 126.25. The accounting services provided by the 2,287
director of budget and management shall be supported by user 2,288
charges. He THE DIRECTOR shall determine a rate that is 2,290
sufficient to defray the expense of such THOSE services and the 2,291
manner by which such THOSE charges shall be collected. All money 2,292
collected from user charges OR FROM ANY REBATES OR REVENUE SHARES 2,293
RECEIVED FROM ANY STATE PAYMENT CARD PROGRAM ESTABLISHED UNDER 2,294
DIVISION (B) OF SECTION 126.21 OF THE REVISED CODE shall be 2,296
deposited in the state treasury to the credit of the state
accounting fund, which is hereby created. 2,297
Sec. 126.31. (A) Any officer, member, or employee of, or 2,306
consultant to, the general assembly, supreme court, court of 2,307
appeals, court of claims, any agency of any of these, or any 2,308
state university or college as defined in division (A)(1) of 2,309
section 3345.12 of the Revised Code, may be reimbursed for his 2,310
actual and necessary traveling and other expenses incurred while 2,311
attending any gathering, conference, or convention, or while 2,312
performing official duties, inside or outside this state, if 2,313
authorized by the general assembly or by that court, agency, 2,314
university, or college, respectively. Reimbursement shall be 2,315
made in the manner, and at rates that do not exceed those, 2,316
prescribed by law or, in the absence of such law, in the manner, 2,317
and at rates that do not exceed those, established by the general 2,318
assembly or by that court, agency, university, or college, 2,319
respectively. 2,320
(B) Any officer, member, or employee of, or consultant to, 2,322
any other state agency, OTHER THAN A STATE AGENCY DESCRIBED IN 2,324
DIVISION (A) OF THIS SECTION, whose compensation is paid in whole 2,325
or in part from state funds may be reimbursed DIRECTLY for his 2,326
actual and necessary traveling and other expenses incurred while 2,327
THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT IS attending any 2,329
gathering MEETING, conference, or RETREAT, convention, OR SIMILAR 2,330
55
GATHERING, or while THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT 2,332
IS performing official duties, inside or outside this state, if 2,333
authorized by that state agency, OR THE PROVIDER OF GOODS OR 2,334
SERVICES TO THE OFFICER, MEMBER, EMPLOYEE, OR CONSULTANT MAY BE 2,335
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,336
Notwithstanding any other statute to the contrary, reimbursement 2,337
TO THE OFFICER, MEMBER, EMPLOYEE, CONSULTANT, OR PROVIDER shall 2,338
be made in the manner, and at rates that do not exceed those, 2,339
provided by rule of the director of budget and management adopted 2,340
in accordance with Chapter 119. SECTION 111.15 of the Revised 2,342
Code. Not later than the thirtieth day of September each year, 2,343
the director of budget and management shall submit to the 2,344
president and minority leader of the senate and the speaker and 2,345
minority leader of the house of representatives a summary of all 2,346
out-of-state travel expenditures reimbursed by any such state
agencies UNDER THIS DIVISION during the preceding fiscal year. 2,347
(C) The spouse of the governor may be reimbursed DIRECTLY 2,350
for the spouse's actual and necessary traveling and other 2,352
expenses incurred while attending any gathering MEETING,
conference, or RETREAT, convention, OR SIMILAR GATHERING to 2,354
assist or serve the governor in the discharge of the governor's 2,355
official duties, or while otherwise assisting or serving the 2,356
governor in the discharge of the governor's official duties, 2,357
inside or outside this state, if authorized by the governor, OR 2,358
THE PROVIDER OF GOODS OR SERVICES TO THE GOVERNOR'S SPOUSE MAY BE 2,359
REIMBURSED DIRECTLY FOR THOSE TRAVELING OR OTHER EXPENSES. 2,360
Notwithstanding any other statute to the contrary, reimbursement 2,361
made under this division is exclusively for the use and benefit 2,362
of the governor's spouse and shall not be considered as inuring 2,363
to the use or benefit of the governor for any purpose. 2,364
Reimbursement shall be made in the manner, and at rates that do 2,365
not exceed those, provided by rule of the director of budget and 2,366
management adopted in accordance with Chapter 119. SECTION 111.15 2,367
of the Revised Code.
56
(D) THE DIRECTOR OF BUDGET AND MANAGEMENT, BY RULE ADOPTED 2,369
IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE, MAY 2,370
ESTABLISH MAXIMUM ALLOWABLE EXPENSES AND ASSOCIATED REASONABLE 2,371
RATES THAT A STATE AGENCY, WHOSE OFFICERS, MEMBERS, EMPLOYEES, 2,372
AND CONSULTANTS ARE SUBJECT TO DIVISION (B) OF THIS SECTION, MAY 2,373
INCUR FOR MEETINGS, CONFERENCES, RETREATS, CONVENTIONS, AND OTHER
SIMILAR GATHERINGS, AND MAY ESTABLISH THE MANNER IN WHICH THOSE 2,374
MAXIMUM ALLOWABLE EXPENSES MAY BE INCURRED BY THAT TYPE OF STATE 2,375
AGENCY FOR THOSE GATHERINGS. THE STATE AGENCY SHALL COMPLY WITH 2,376
THE RULES ADOPTED UNDER THIS DIVISION. 2,377
Sec. 126.32. (A) Any officer of any state agency may 2,386
authorize reimbursement for travel, INCLUDING THE COSTS OF 2,387
TRANSPORTATION, FOR lodging, and FOR meals to any person who is 2,389
interviewing for a position that is classified as pay range 33 or 2,390
above in schedule B of section 124.15 of the Revised Code or in 2,391
pay range 13 or above in schedule E-1 of section 124.152 of the 2,392
Revised Code, or is classified in schedule C of section 124.15 or 2,393
in schedule E-2, of section 124.152 of the Revised Code. 2,394
(B) If a person is appointed to a position listed in 2,396
section 121.03 of the Revised Code, to another comparable THE 2,397
position OF ADMINISTRATOR OF WORKERS' COMPENSATION AFTER AUGUST 2,398
31, 2000, CHAIRPERSON OF THE INDUSTRIAL COMMISSION, ADJUTANT 2,399
GENERAL, CHANCELLOR OF THE OHIO BOARD OF REGENTS, SUPERINTENDENT 2,400
OF PUBLIC INSTRUCTION, CHAIRPERSON OF THE PUBLIC UTILITIES 2,401
COMMISSION OF OHIO, OR DIRECTOR OF THE STATE LOTTERY COMMISSION, 2,402
to a position holding a fiduciary relationship to the governor, 2,404
to a position of an appointing authority of the department of 2,405
mental health, mental retardation and developmental disabilities, 2,406
or rehabilitation and correction, to a position of superintendent 2,407
in the department of youth services, or to a position under 2,408
section 122.05 of the Revised Code, and such IF THAT appointment 2,409
requires a permanent change of residence, the appropriate state 2,410
agency may reimburse the person for his THE PERSON'S actual and 2,411
necessary expenses, INCLUDING THE COST OF IN-TRANSIT STORAGE OF 2,412
57
HOUSEHOLD GOODS AND PERSONAL EFFECTS, of moving himself THE 2,413
PERSON and members of his THE PERSON'S immediate family residing 2,415
in his THE PERSON'S household, AND OF MOVING THEIR HOUSEHOLD 2,416
GOODS AND PERSONAL EFFECTS, to his THE PERSON'S new location. 2,418
Until such a THAT person moves his THE PERSON'S permanent 2,421
residence to the new location, but not for a period that exceeds 2,422
thirty consecutive days, the state agency may reimburse the 2,423
person for his THE PERSON'S temporary living expenses at the new 2,424
location that he THE PERSON has incurred on behalf of himself THE 2,426
PERSON and members of his THE PERSON'S immediate family residing 2,428
in his THE PERSON'S household. In addition, the state agency may 2,429
reimburse such THAT person for his THE PERSON'S travel expenses 2,430
between the new location and his THE PERSON'S former residence 2,432
during this period FOR A MAXIMUM NUMBER OF TRIPS SPECIFIED BY 2,433
RULE OF THE DIRECTOR OF BUDGET AND MANAGEMENT, BUT THE STATE 2,434
AGENCY SHALL NOT REIMBURSE THE PERSON FOR TRAVEL EXPENSES 2,435
INCURRED FOR THOSE TRIPS BY MEMBERS OF THE PERSON'S IMMEDIATE
FAMILY. With the prior written approval of the director of 2,437
budget and management, the maximum thirty-day period for 2,438
temporary living expenses may be extended for a person appointed 2,439
to a position under section 122.05 of the Revised Code. 2,440
The director of development may reimburse a person 2,442
appointed to a position under section 122.05 of the Revised Code 2,443
for his THE PERSON'S actual and necessary expenses of moving 2,444
himself THE PERSON and members of his THE PERSON'S immediate 2,446
family residing in his THE PERSON'S household back to the United 2,448
States AND MAY REIMBURSE A PERSON APPOINTED TO SUCH A POSITION
FOR THE COST OF STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS 2,449
OF THE PERSON AND THE PERSON'S IMMEDIATE FAMILY WHILE THE PERSON 2,450
IS SERVING OUTSIDE THE UNITED STATES, IF THE PERSON'S OFFICE 2,451
OUTSIDE THE UNITED STATES IS THE PERSON'S PRIMARY JOB LOCATION. 2,452
(C) All reimbursement under DIVISION (A) OR (B) OF this 2,455
section shall be made in the manner, and at rates that do not 2,456
exceed those, provided by rule of the director of budget and 2,457
58
management in accordance with Chapter 119. SECTION 111.15 of the 2,458
Revised Code. REIMBURSEMENTS MAY BE MADE UNDER DIVISION (B) OF 2,459
THIS SECTION DIRECTLY TO THE PERSONS WHO INCURRED THE EXPENSES OR 2,460
DIRECTLY TO THE PROVIDERS OF GOODS OR SERVICES THE PERSONS 2,461
RECEIVE, AS DETERMINED BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 2,462
Sec. 127.16. (A) Upon the request of either a state 2,471
agency or the director of budget and management and after the 2,472
controlling board determines that an emergency or a sufficient 2,473
economic reason exists, the controlling board may approve the 2,475
making of a purchase without competitive selection as provided in
division (B) of this section. 2,476
(B) Except as otherwise provided in this section, no state 2,478
agency, using money that has been appropriated to it directly, 2,479
shall: 2,480
(1) Make any purchase from a particular supplier, that 2,482
would amount to fifty thousand dollars or more when combined with 2,483
both the amount of all disbursements to the supplier during the 2,484
fiscal year for purchases made by the agency and the amount of 2,485
all outstanding encumbrances for purchases made by the agency 2,486
from the supplier, unless the purchase is made by competitive 2,487
selection or with the approval of the controlling board; 2,488
(2) Lease real estate from a particular supplier, if the 2,490
lease would amount to seventy-five thousand dollars or more when 2,491
combined with both the amount of all disbursements to the 2,492
supplier during the fiscal year for real estate leases made by 2,493
the agency and the amount of all outstanding encumbrances for 2,494
real estate leases made by the agency from the supplier, unless 2,495
the lease is made by competitive selection or with the approval 2,496
of the controlling board. 2,497
(C) Any person who authorizes a purchase in violation of 2,499
division (B) of this section shall be liable to the state for any 2,500
state funds spent on the purchase, and the attorney general shall 2,501
collect the amount from the person. 2,502
(D) Nothing in division (B) of this section shall be 2,504
59
construed as: 2,505
(1) A limitation upon the authority of the director of 2,507
transportation as granted in sections 5501.17, 5517.02, and 2,508
5525.14 of the Revised Code; 2,509
(2) Applying to medicaid provider agreements under Chapter 2,511
5111. of the Revised Code or payments or provider agreements 2,514
under disability assistance medical assistance established under 2,515
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole 2,517
supplier by a state licensing board under Title XLVII of the 2,518
Revised Code; 2,519
(4) Applying to entertainment contracts for the Ohio state 2,521
fair entered into by the Ohio expositions commission, provided 2,522
that the controlling board has given its approval to the 2,523
commission to enter into such contracts and has approved a total 2,524
budget amount for such contracts as agreed upon by commission 2,525
action, and that the commission causes to be kept itemized 2,526
records of the amounts of money spent under each contract and 2,527
annually files those records with the clerk of the house of 2,529
representatives and the clerk of the senate following the close 2,530
of the fair;
(5) Limiting the authority of the chief of the division of 2,532
mines and reclamation to contract for reclamation work with an 2,533
operator mining adjacent land as provided in section 1513.27 of 2,534
the Revised Code; 2,535
(6) Applying to investment transactions and procedures of 2,537
any state agency, except that the agency shall file with the 2,538
board the name of any person with whom the agency contracts to 2,539
make, broker, service, or otherwise manage its investments, as 2,540
well as the commission, rate, or schedule of charges of such 2,541
person with respect to any investment transactions to be 2,542
undertaken on behalf of the agency. The filing shall be in a 2,543
form and at such times as the board considers appropriate. 2,544
(7) Applying to purchases made with money for the per cent 2,546
60
for arts program established by section 3379.10 of the Revised 2,547
Code; 2,548
(8) Applying to purchases made by the rehabilitation 2,550
services commission of services, or supplies, that are provided 2,551
to persons with disabilities, or to purchases made by the 2,552
commission in connection with the eligibility determinations it 2,553
makes for applicants of programs administered by the social 2,554
security administration; 2,555
(9) Applying to payments by the department of human 2,557
services under section 5111.13 of the Revised Code for group 2,558
health plan premiums, deductibles, coinsurance, and other 2,559
cost-sharing expenses; 2,560
(10) Applying to any agency of the legislative branch of 2,562
the state government; 2,563
(11) Applying to agreements entered into under section 2,565
5101.11, 5101.21, or 5101.211 of the Revised Code; 2,566
(12) Applying to purchases of services by the adult parole 2,568
authority under section 2967.14 of the Revised Code or by the 2,569
department of youth services under section 5139.08 of the Revised 2,570
Code; 2,571
(13) Applying to dues or fees paid for membership in an 2,573
organization or association; 2,574
(14) Applying to purchases of utility services pursuant to 2,576
section 9.30 of the Revised Code; 2,577
(15) Applying to purchases made in accordance with rules 2,579
adopted by the department of administrative services of motor 2,580
vehicle, aviation, or watercraft fuel, or emergency repairs of 2,581
such vehicles; 2,582
(16) Applying to purchases of tickets for passenger air 2,584
transportation; 2,585
(17) Applying to purchases necessary to provide public 2,587
notifications required by law or to provide notifications of job 2,588
openings; 2,589
(18) Applying to the judicial branch of state government; 2,591
61
(19) Applying to purchases of liquor for resale by the 2,593
department or, on and after July 1, 1997, the division of liquor 2,594
control;
(20) Applying to purchases of motor courier and freight 2,596
services made in accordance with department of administrative 2,597
services rules; 2,598
(21) Applying to purchases from the United States postal 2,600
service and purchases of stamps and postal meter replenishment 2,601
from vendors at rates established by the United States postal 2,602
service; 2,603
(22) Applying to purchases of books, periodicals, 2,605
pamphlets, newspapers, maintenance subscriptions, and other 2,606
published materials; 2,607
(23) Applying to purchases from other state agencies, 2,609
including state-assisted institutions of higher education; 2,610
(24) Limiting the authority of the director of 2,612
environmental protection to enter into contracts under division 2,613
(D) of section 3745.14 of the Revised Code to conduct compliance 2,614
reviews, as defined in division (A) of that section; 2,615
(25) Applying to purchases from a qualified nonprofit 2,617
agency pursuant to sections 4115.31 to 4115.35 of the Revised 2,618
Code; 2,619
(26) Applying to payments by the department of human 2,621
services to the United States department of health and human 2,622
services for printing and mailing notices pertaining to the tax 2,623
refund offset program of the internal revenue service of the 2,624
United States department of the treasury; 2,625
(27) Applying to contracts entered into by the department 2,627
of mental retardation and developmental disabilities under 2,628
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 2,629
(28) Applying to payments made by the department of mental 2,631
health under a physician recruitment program authorized by 2,632
section 5119.101 of the Revised Code; 2,633
(29) Applying to contracts entered into with persons by 2,635
62
the director of commerce for unclaimed funds collection and 2,636
remittance efforts as provided in division (F) of section 169.03 2,638
of the Revised Code. The director shall keep an itemized 2,641
accounting of unclaimed funds collected by those persons and 2,642
amounts paid to them for their services.
(30) Applying to purchases made by a state institution of 2,644
higher education in accordance with the terms of a contract 2,646
between the vendor and an inter-university purchasing group 2,647
comprised of purchasing officers of state institutions of higher 2,648
education;
(31) APPLYING TO THE DEPARTMENT OF HUMAN SERVICES' 2,650
PURCHASES OF HEALTH ASSISTANCE SERVICES UNDER THE CHILDREN'S 2,651
HEALTH INSURANCE PROGRAM PART I PROVIDED FOR UNDER SECTION 2,652
5101.50 OF THE REVISED CODE OR THE CHILDREN'S HEALTH INSURANCE 2,653
PROGRAM PART II PROVIDED FOR UNDER SECTION 5101.51 OF THE REVISED 2,654
CODE.
(E) Notwithstanding division (B)(1) of this section, the 2,656
cumulative purchase threshold shall be seventy-five thousand 2,657
dollars for the departments of mental retardation and 2,658
developmental disabilities, mental health, rehabilitation and 2,659
correction, and youth services. 2,660
(F) When determining whether a state agency has reached 2,662
the cumulative purchase thresholds established in divisions 2,663
(B)(1), (B)(2), and (E) of this section, all of the following 2,664
purchases by such agency shall not be considered: 2,665
(1) Purchases made through competitive selection or with 2,667
controlling board approval; 2,668
(2) Purchases listed in division (D) of this section; 2,670
(3) For the purposes of the thresholds of divisions (B)(1) 2,672
and (E) of this section only, leases of real estate. 2,673
(G) As used in this section, "competitive selection," 2,675
"purchase," "supplies," and "services" have the same meanings as 2,676
in section 125.01 of the Revised Code. 2,677
Sec. 131.01. As used in Chapters 113., 117., 123., 124., 2,686
63
125., 126., 127., and 131. of the Revised Code, and any statute 2,687
that uses the terms in connection with state accounting or 2,688
budgeting: 2,689
(A) "Account" means any record, element, or summary in 2,691
which financial transactions are identified and recorded as debit 2,692
or credit transactions in order to summarize items of a similar 2,693
nature or classification. 2,694
(B) "Accounting procedure" means the arrangement of all 2,696
processes which discover, record, and summarize financial 2,697
information to produce financial statements and reports and to 2,698
provide internal control. 2,699
(C) "Accounting system" means the total structure of 2,701
records and procedures which discover, record, classify, and 2,702
report information on the financial position and operations of a 2,703
governmental unit or any of its funds, balanced account groups, 2,704
and organizational components. 2,705
(D) "Allocation" means a portion of an appropriation which 2,707
is designated for expenditure by specific organizational units or 2,708
for special purposes, activities, or objects that do not relate 2,709
to a period of time. 2,710
(E) "Allotment" means all or part of an appropriation 2,712
which may be encumbered or expended within a specific period of 2,713
time. 2,714
(F) "Appropriation" means an authorization granted by the 2,716
general assembly to make expenditures and to incur obligations 2,717
for specific purposes. 2,718
(G) "Assets" means resources owned, controlled, or 2,720
otherwise used or held by the state which have monetary value. 2,721
(H) "Budget" means the plan of financial operation 2,723
embodying an estimate of proposed expenditures and obligations 2,724
for a given period and the proposed means of financing them. 2,725
(I) "Direct deposit" is a form of electronic funds 2,727
transfer in which money is electronically deposited into the 2,728
account of a person or entity at a financial institution. 2,729
64
(J) "Disbursement" means a payment made for any purpose. 2,731
(K) "Electronic benefit transfer" means the electronic 2,733
delivery of public assistance benefits through automated teller 2,734
machines, point of sale terminals, or other electronic media 2,735
pursuant to section 5101.33 of the Revised Code. 2,736
(L) "Electronic funds transfer" means the electronic 2,738
movement of funds via automated clearing house or wire transfer. 2,739
(M) "Encumbrancing document" means a document reserving 2,741
all or part of an appropriation. 2,742
(N) "Expenditure" means a reduction of the balance of an 2,744
appropriation after legal requirements have been met. 2,745
(O) "Fund" means an independent fiscal and accounting 2,747
entity with a self-balancing set of accounts recording cash or 2,748
other resources, together with all related liabilities, 2,749
obligations, reserves, and fund balances which are segregated for 2,750
the purpose of carrying on specific activities or attaining 2,751
certain objectives in accordance with special rules, 2,752
restrictions, or limitations. 2,753
(P) "Lapse" means the automatic termination of an 2,755
appropriation at the end of the fiscal period for which it was 2,756
appropriated. 2,757
(Q) "Reappropriation" means an appropriation of a previous 2,759
appropriation that is continued in force in a succeeding 2,760
appropriation period. "Reappropriation" shall be equated with 2,761
and incorporated in the term "appropriation." 2,762
(R) "Voucher" means the document used to transmit a claim 2,764
for payment and evidentiary matter related to the claim. 2,765
(S) "Warrant" means an order drawn upon the treasurer of 2,767
state by the auditor of state directing the treasurer of state to 2,768
pay a specified amount, including an order to make a lump-sum 2,769
payment to a financial institution for the transfer of funds by 2,770
direct deposit or the drawdown of funds by electronic benefit 2,771
transfer, and the resulting electronic transfer to or by the 2,772
ultimate payees. 2,773
65
The terms defined in this section shall be used, on all 2,775
accounting forms, reports, formal rules, and budget requests 2,776
produced by a state agency, only as defined in this section. 2,777
Sec. 131.39. IF A STATE AGENCY DETERMINES THAT ALL OR A 2,779
PORTION OF A FEE, FINE, PENALTY, OR OTHER NONTAX PAYMENT MADE TO 2,780
THE AGENCY IS NOT OWED, THE AGENCY MAY REFUND, FROM THE FUND TO 2,781
WHICH THE PAYMENT WAS CREDITED, THE AMOUNT THAT IS NOT OWED. IF 2,782
THE AGENCY LACKS SUFFICIENT UNENCUMBERED APPROPRIATIONS TO MAKE 2,783
THE REFUND, THE AGENCY MAY REQUEST THE CONTROLLING BOARD FOR
AUTHORITY TO MAKE THE REFUND. THE BOARD MAY AUTHORIZE THE AGENCY 2,784
TO MAKE THE REFUND UPON A DETERMINATION THAT THE REFUND IS DUE 2,785
AND THAT SUFFICIENT UNENCUMBERED MONEY REMAINS IN THE FUND. 2,786
THIS SECTION DOES NOT SUPERSEDE ANY AUTHORITY TO REFUND A 2,788
PAYMENT THAT AN AGENCY HAS UNDER ANY OTHER LAW. 2,789
Sec. 149.30. The Ohio historical society, chartered by 2,799
this state as a corporation not for profit to promote a knowledge 2,800
of history and archaeology, especially of Ohio, and operated 2,801
continuously in the public interest since 1885, may perform 2,802
public functions as prescribed by law. 2,803
The general assembly may appropriate money to the Ohio 2,805
historical society each biennium to carry out the public 2,806
functions of the society as enumerated in this section. An 2,807
appropriation by the general assembly to the society constitutes 2,808
an offer to contract with the society to carry out those public 2,809
functions for which appropriations are made. An acceptance by 2,810
the society of the appropriated funds constitutes an acceptance 2,811
by the society of the offer and is considered an agreement by the 2,812
society to perform those functions in accordance with the terms 2,813
of the appropriation and the law and to expend the funds only for 2,814
the purposes for which appropriated. The governor may request on 2,815
behalf of the society, and the controlling board may release, 2,816
additional funds to the society for survey, salvage, repair, or 2,817
rehabilitation of an emergency nature for which funds have not 2,818
been appropriated, and acceptance by the society of such moneys 2,819
66
THOSE FUNDS constitutes an agreement on the part of the society 2,820
to expend such THOSE funds only for the purpose for which 2,822
released by the controlling board. 2,823
The society shall faithfully expend and apply all moneys 2,825
received from the state to the uses and purposes directed by law 2,826
and for necessary administrative expenses. The society shall 2,827
perform the public function of sending notice by certified mail 2,828
to the owner of any property at the time it is listed on the 2,829
national register of historic places. The society shall 2,830
accurately record all expenditures of such funds in conformity 2,831
with generally accepted accounting principles. 2,832
The auditor of state shall audit all funds and fiscal 2,834
records of the society. 2,835
The public functions to be performed by the Ohio historical 2,837
society shall include ALL OF THE FOLLOWING: 2,838
(A) Creating, supervising, operating, protecting, 2,840
maintaining, and promoting for public use a system of state 2,841
memorials, titles to which may reside wholly or in part with this 2,842
state or wholly or in part with the society as provided in and in 2,843
conformity to appropriate acts and resolves of the general 2,844
assembly, and leasing for renewable periods of two years or less, 2,845
with the advice and consent of the attorney general and the 2,846
director of administrative services, lands and buildings owned by 2,847
the state which are in the care, custody, and control of the 2,848
society, all of which shall be maintained and kept for public use 2,849
at reasonable hours; 2,850
(B) Making alterations and improvements, marking, and 2,852
constructing, reconstructing, protecting, or restoring 2,853
structures, earthworks, and monuments in its care, and equipping 2,854
such facilities with appropriate educational maintenance 2,855
facilities; 2,856
(C) Serving as the archives administration for the state 2,858
and its political subdivisions as provided in sections 149.31 to 2,859
149.42 of the Revised Code; 2,860
67
(D) Administering a state historical museum, to be the 2,862
headquarters of the society and its principal museum and library, 2,863
which shall be maintained and kept for public use at reasonable 2,864
hours; 2,865
(E) Establishing a marking system to identify all 2,867
designated historic and archaeological sites within the state and 2,868
marking or causing to be marked historic sites and communities 2,869
considered by the society to be historically or archaeologically 2,870
significant; 2,871
(F) Publishing books, pamphlets, periodicals, and other 2,873
publications about history, archaeology, and natural science and 2,874
supplying one copy of each regular periodical issue to all public 2,875
libraries in this state without charge; 2,876
(G) Engaging in research in history, archaeology, and 2,878
natural science and providing historical information upon request 2,879
to all state agencies; 2,880
(H) Collecting, preserving, and making available by all 2,882
appropriate means and under approved safeguards all manuscript, 2,883
print, or near-print library collections and all historical 2,884
objects, specimens, and artifacts which pertain to the history of 2,885
Ohio and its people, including the following original documents: 2,886
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 2,887
Ohio Constitution of 1875; design and the letters of patent and 2,888
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 2,889
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 2,890
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 2,891
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 2,892
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 2,893
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 2,894
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 2,895
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 2,896
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 2,897
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 2,898
(1947); 2,899
68
(I) Encouraging and promoting the organization and 2,901
development of county and local historical societies; 2,902
(J) Providing Ohio schools with such materials at cost or 2,904
near cost as the society may prepare to facilitate the 2,905
instruction of Ohio history; 2,906
(K) Providing advisory and technical assistance to local 2,908
societies for the preservation and restoration of historic and 2,909
archaeological sites; 2,910
(L) Devising uniform criteria for the designation of 2,912
historic and archaeological sites throughout the state and 2,913
advising local historical societies of the criteria and their 2,914
application; 2,915
(M) Taking inventory, in cooperation with the Ohio arts 2,917
council, the Ohio archaeological council, and the archaeological 2,918
society of Ohio, of significant designated and undesignated state 2,919
and local sites and keeping an active registry of all designated 2,920
sites within the state; 2,921
(N) Contracting with the owners or persons having an 2,923
interest in designated historic or archaeological sites or 2,924
property adjacent or contiguous to such THOSE sites, or 2,925
acquiring, by purchase, gift, or devise, easements in such THOSE 2,927
sites or in property adjacent or contiguous to such THOSE sites, 2,929
in order to control or restrict the use of such THOSE historic or 2,931
archaeological sites or adjacent or contiguous property for the 2,933
purpose of restoring or preserving the historical or 2,934
archaeological significance or educational value of such THOSE 2,935
sites;
(O) Constructing a monument honoring Governor James A. 2,937
Rhodes, which shall stand on the northeast quadrant of the 2,938
grounds surrounding the capitol building. The monument shall be 2,939
constructed with private funds donated to the Ohio historical 2,940
society and designated for this purpose. No public funds shall 2,941
be expended to construct this monument. The department of 2,942
administrative services shall cooperate with the Ohio historical 2,943
69
society in carrying out this function and shall maintain the 2,944
monument in a manner compatible with the grounds of the capitol 2,945
building. 2,946
(P) COMMISSIONING A PORTRAIT OF EACH DEPARTING GOVERNOR, 2,948
WHICH SHALL BE DISPLAYED IN THE CAPITOL BUILDING. THE OHIO 2,949
HISTORICAL SOCIETY MAY ACCEPT PRIVATE CONTRIBUTIONS DESIGNATED 2,950
FOR THIS PURPOSE AND, AT THE DISCRETION OF ITS BOARD OF TRUSTEES, 2,951
ALSO MAY APPLY FOR THE SAME PURPOSE FUNDS APPROPRIATED BY THE 2,952
GENERAL ASSEMBLY TO THE SOCIETY PURSUANT TO THIS SECTION.
(Q) Planning and developing a center at the capitol 2,954
building for the purpose of educating visitors about the history 2,955
of ohio OHIO, including its political, economic, and social 2,956
development and the design and erection of the capitol building 2,957
and its grounds. The Ohio historical society may accept 2,958
contributions of private moneys and in-kind services designated 2,959
for this purpose and may, at the discretion of its board of 2,960
trustees, also apply, for the same purpose, personnel and other 2,961
resources paid in whole or in part by its state subsidy. 2,962
(Q)(R) Submitting an annual report of its activities, 2,964
programs, and operations to the governor within two months after 2,965
the close of each fiscal year of the state. 2,966
The society shall not sell, mortgage, transfer, or dispose 2,968
of historical or archaeological sites to which it has title and 2,969
in which the state has monetary interest except by action of the 2,970
general assembly. 2,971
In consideration of the public functions performed by the 2,973
Ohio historical society for the state, employees of the society 2,974
shall be considered public employees within the meaning of 2,975
section 145.01 of the Revised Code. 2,976
Sec. 166.03. (A) There is hereby created the facilities 2,985
establishment fund within the state treasury, consisting of 2,986
proceeds from the issuance of obligations as specified under 2,987
section 166.08 of the Revised Code; the moneys received by the 2,988
state from the sources specified in section 166.09 of the Revised 2,989
70
Code; service charges imposed under sections 166.06 and 166.07 of 2,990
the Revised Code; any grants, gifts, or contributions of moneys 2,991
received by the director of development to be used for loans made 2,992
under section 166.07 of the Revised Code or for the payment of 2,993
the allowable costs of project facilities; and all other moneys 2,994
appropriated or transferred to the fund. Moneys in the loan 2,995
guarantee fund in excess of four per cent of the unpaid principal 2,996
amount of loan repayments guaranteed under section 166.06 of the 2,997
Revised Code, but subject to the provisions and requirements of 2,998
any guarantee contracts, may be transferred to the facilities 2,999
establishment fund by the treasurer of state upon the order of 3,000
the director of development. Moneys received by the state under 3,001
Chapter 122. of the Revised Code, to the extent allocable to the 3,002
utilization of moneys derived from proceeds of the sale of 3,003
obligations pursuant to section 166.08 of the Revised Code, shall 3,004
be credited to the facilities establishment fund. 3,005
(B) All moneys appropriated or transferred to the 3,007
facilities establishment fund may be released at the request of 3,008
the director for payment of allowable costs or the making of 3,009
loans under this chapter, for transfer to the loan guarantee fund 3,010
established in section 166.06 of the Revised Code, or for use for 3,011
the purpose of or transfer to the funds established by sections 3,013
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 3,015
UNTIL JULY 1, 2001, SECTION 166.031 of the Revised Code, but only 3,016
for such of those purposes as are within the authorization of 3,018
Section 13 of Article VIII, Ohio Constitution, in all cases 3,019
subject to the approval of the controlling board. 3,020
(C) Moneys transferred to the facilities establishment 3,022
fund under section 3734.82 of the Revised Code shall be used 3,023
exclusively for eligible projects that recover or recycle energy 3,024
from scrap tires, as "scrap tires" is defined in section 3734.01 3,025
of the Revised Code, for any of the following purposes: 3,026
(1) Making loans under this chapter; 3,028
71
(2) Making grants; 3,030
(3) Providing other incentives, including, without 3,032
limitation, entering into contracts with private entities to 3,033
conduct environmental studies or tests for eligible projects that 3,034
propose to recover energy from scrap tires. 3,035
The director shall adopt rules under division (B)(9) of 3,037
section 166.02 of the Revised Code for the purpose of 3,038
administering this division. 3,039
(D) The department of development, in the administration 3,041
of the facilities establishment fund, is encouraged to utilize 3,042
and promote the utilization of, to the maximum practicable 3,043
extent, the other existing programs, business incentives, and tax 3,044
incentives that department is required or authorized to 3,045
administer or supervise. 3,046
Sec. 166.032. (A) THERE IS HEREBY CREATED IN THE STATE 3,049
TREASURY THE SCRAP TIRE LOANS AND GRANTS FUND, CONSISTING OF 3,051
MONEYS TRANSFERRED TO THE FUND UNDER SECTION 3734.82 OF THE 3,053
REVISED CODE. MONEYS SHALL BE USED EXCLUSIVELY FOR ELIGIBLE 3,055
PROJECTS THAT RECOVER OR RECYCLE ENERGY FROM SCRAP TIRES, AS 3,056
"SCRAP TIRES" IS DEFINED IN SECTION 3734.01 OF THE REVISED CODE, 3,057
OR FOR ELIGIBLE PROJECTS THAT REMOVE SCRAP TIRES FROM BEING 3,059
DISPOSED OF AS SOLID WASTE UNDER CHAPTER 3734. OF THE REVISED 3,060
CODE, FOR ANY OF THE FOLLOWING PURPOSES:
(1) MAKING LOANS UNDER THIS CHAPTER; 3,062
(2) MAKING GRANTS; 3,064
(3) PROVIDING OTHER INCENTIVES, INCLUDING, WITHOUT 3,066
LIMITATION, ENTERING INTO CONTRACTS WITH PRIVATE ENTITIES TO 3,067
CONDUCT ENVIRONMENTAL STUDIES OR TESTS FOR ELIGIBLE PROJECTS THAT 3,068
PROPOSE TO RECOVER ENERGY FROM SCRAP TIRES. 3,069
(B) THE DIRECTOR OF DEVELOPMENT SHALL ADOPT RULES UNDER 3,071
DIVISION (B)(9) OF SECTION 166.02 OF THE REVISED CODE FOR THE 3,073
PURPOSE OF ADMINISTERING THIS SECTION. 3,074
Sec. 166.05. (A) In determining the projects to be 3,083
assisted and the nature, amount, and terms of assistance to be 3,084
72
provided for an eligible project under this chapter: 3,085
(1) Except as otherwise provided in division (A)(3) of 3,087
this section, the director of development shall take into 3,088
consideration all of the following: 3,089
(a) The number of jobs to be created or preserved, 3,091
directly or indirectly; 3,092
(b) Payrolls, and the taxes generated, at both state and 3,094
local levels, by the eligible project and by the employment 3,095
created or preserved by the eligible project; 3,096
(c) The size, nature, and cost of the eligible project, 3,098
including the prospect of the project for providing long-term 3,099
jobs in enterprises consistent with the changing economics of the 3,100
state and the nation; 3,101
(d) The needs, and degree of needs, of the area in which 3,103
the eligible project is to be located; 3,104
(e) The needs of any private sector enterprise to be 3,106
assisted; 3,107
(f) The competitive effect of the assistance on other 3,109
enterprises providing jobs for people of the state; 3,110
(g) The amount and kind of assistance, if any, to be 3,112
provided to the private sector enterprise by other governmental 3,113
agencies through tax exemption or abatement, financing assistance 3,114
with industrial development bonds, and otherwise, with respect to 3,115
the eligible project; 3,116
(h) The impact of the eligible project and its operations 3,118
on local government services, including school services, and on 3,119
public facilities; 3,120
(i) The effect of the assistance on the loss of or damage 3,122
to or destruction of prime farmland, or the removal from 3,123
agricultural production of prime farmland. As used in this 3,124
section, "prime farmland" means agricultural land that meets the 3,125
criteria for this classification as defined by the United States 3,126
soil conservation service. 3,127
(j) The length of time the operator of the project has 3,129
73
been operating facilities within the state; 3,130
(k) The reservation of financial assistance made by the 3,132
general assembly for small business concerns. 3,133
(2) The benefits to the local area, including taxes, jobs, 3,135
and reduced unemployment and reduced welfare costs, among others, 3,136
may be accorded value in the leasing or sales of project 3,137
facilities and in loan and guarantee arrangements. 3,138
(3) For the purpose of making the determination required 3,140
under division (A) of this section for loans, grants, or other 3,141
incentives for eligible projects under division (C) of section 3,142
166.03 of the Revised Code, the director may consider factors 3,143
different from and in lieu of those established in divisions 3,144
(A)(1)(a) to (k) of this section as provided in rules adopted 3,145
pursuant to division (C) of section 166.03 of the Revised Code. 3,146
(B) Prior to granting final approval of the assistance to 3,148
be provided, the director shall determine that the benefits to be 3,150
derived by the state and local area from the establishment or 3,151
development, and operation, of the eligible project will exceed 3,152
the cost of providing such assistance and, except as provided in 3,153
division (C)(2) of this section, shall submit to the development 3,155
financing advisory council and to the controlling board a copy of 3,157
that determination including the basis for the determination. 3,158
(C)(1) Except as provided in division (C)(2) of this 3,161
section, prior to the submission provided for in division (B) of 3,163
this section to the controlling board, the director shall submit 3,164
to the development financing advisory council data pertinent to 3,166
the considerations set forth in division (A) of this section, the 3,167
terms of the proposed assistance, and such other relevant
information as the development financing advisory council may 3,169
request. 3,170
(2) The director is not required to submit any 3,172
determination, data, terms, or other application materials or 3,173
information to the development financing advisory council when 3,174
provision of the assistance has been recommended to the director 3,176
74
by a regional economic development entity.
(D) The development financing advisory council, on the 3,178
basis of such data, shall make recommendations as to the 3,180
appropriateness of the assistance to be provided. The 3,181
recommendations may be revised to reflect any changes in the 3,182
proposed assistance as the director may submit to the council. 3,184
The recommendations, as amended, of the council as to the 3,185
appropriateness of the proposed assistance shall be submitted to 3,186
the controlling board. 3,187
(E) Financial statements and other data submitted to the 3,189
director of development, the development financing advisory 3,190
council, or the controlling board by any private sector person in 3,192
connection with financial assistance under this chapter, or any 3,193
information taken from such statements or data for any purpose, 3,194
shall not be open to public inspection. The development 3,195
financing advisory council in considering confidential 3,196
information in connection with financial assistance under this 3,198
chapter may, only for consideration of the confidential 3,199
information referred to, and in the manner provided in division 3,200
(E) of section 121.22 of the Revised Code, close the meeting 3,201
during such consideration.
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 3,210
when requested, EVERY person which could be the holder of 3,211
unclaimed funds, under this chapter shall report to the director 3,212
of commerce with respect to the unclaimed funds as provided in 3,213
this section. The report shall be verified. 3,214
(2) With respect to items of unclaimed funds each having a 3,216
value of ten dollars or more, the report required under division 3,217
(A)(1) of this section shall include: 3,218
(a) The full name, if known, and last known address, if 3,220
any, of each person appearing from the records of the holder to 3,221
be the owner of unclaimed funds under this chapter; 3,222
(b) In the case of unclaimed funds reported by holders 3,224
providing life insurance coverage, the full name of the insured 3,225
75
or annuitant and beneficiary, if any, and their last known 3,226
addresses according to such holder's records; 3,227
(c) The nature and identifying number, if any, or 3,229
description of the funds and the amount appearing from the 3,230
records to be due; 3,231
(d) The date when the funds became payable, demandable, or 3,233
returnable and the date of the last transaction with the owner 3,234
with respect to the funds except with respect to each item of 3,235
unclaimed funds having a value of less than twenty-five dollars; 3,236
(e) Subject to division (I) of this section, the social 3,238
security number of the owner of the unclaimed funds, if it is 3,239
available;
(f) Other information which the director prescribes as 3,241
necessary for the administration of this chapter. 3,242
(3) With respect to items of unclaimed funds each having a 3,244
value of less than ten dollars, the report required under 3,245
division (A)(1) of this section shall include: 3,246
(a) Each category of items of unclaimed funds as described 3,248
in section 169.02 of the Revised Code; 3,249
(b) The number of items of unclaimed funds within each 3,251
category; 3,252
(c) The aggregated value of the items of unclaimed funds 3,254
within each category. 3,255
(B) If the holder of unclaimed funds is a successor to 3,257
other organizations that previously held the funds for the owner, 3,258
or if the holder has changed its name while holding the funds, it 3,259
shall file with the report all prior known names and addresses 3,260
and date and state of incorporation or formation of each holder 3,261
of the funds. 3,262
(C) The report shall be filed before the first day of 3,264
November of each year as of the preceding thirtieth day of June, 3,265
but the report of holders providing life insurance coverage shall 3,266
be filed before the first day of May of each year as of the 3,267
preceding thirty-first day of December. The director may 3,268
76
postpone, for good cause shown, the reporting date upon written 3,269
request by any holder required to file a report. 3,270
(D) The holder of unclaimed funds under this chapter shall 3,272
send notice to each owner of each item of unclaimed funds having 3,273
a value of twenty-five dollars or more at the last known address 3,274
of the owner as shown by the records of the holder before filing 3,275
the annual report. In case of holders providing life insurance 3,276
coverage, such notice shall also be mailed to each beneficiary at 3,277
the last known address of such beneficiary as shown by the 3,278
records of such holder, except that such notice to beneficiaries 3,279
shall not be mailed if such address is the same as that of the 3,280
insured and the surname of the beneficiary is the same as that of 3,281
the insured. The holder shall not report an item of unclaimed 3,282
funds earlier than the thirtieth day after the mailing of notice 3,283
required by this division. 3,284
Such notice shall set forth the nature and identifying 3,286
number, if any, or description of the funds and the amount 3,287
appearing on the records of the holder to be due the owner, and 3,288
shall inform the owner that the funds will, thirty days after the 3,289
mailing of such notice, be reported as unclaimed funds under this 3,290
chapter. A self-addressed, stamped envelope shall be included 3,291
with the notice, with instructions that the owner may use such 3,292
envelope to inform the holder of the owner's continued interest 3,294
in the funds and, if so informed before the date for making the 3,295
report to the director, the holder shall not report said funds to 3,296
the director. The notice shall be mailed by first class mail. 3,297
If there is no address of record for the owner or other person 3,298
entitled to the unclaimed funds, the holder is relieved of any 3,299
responsibility of sending notice, attempting to notify, or 3,300
notifying the owner. The mailing of notice pursuant to this 3,301
section shall discharge the holder from any further 3,302
responsibility to give notice. 3,303
(E) Verification of the report and of the mailing of 3,305
notice, where required, shall be executed by an officer of the 3,306
77
reporting holder. 3,307
(F) The director may at reasonable times and upon 3,309
reasonable notice examine or cause to be examined, by auditors of 3,310
supervisory departments or divisions of the state, the records of 3,311
any holder to determine compliance with this chapter. The 3,313
director may enter into contracts, pursuant to procedures 3,314
prescribed by the director, with persons for the sole purpose of 3,315
examining the records of holders, determining compliance with 3,316
this chapter, and collecting, taking possession of, and remitting 3,317
to the department's division of unclaimed funds, in a timely 3,318
manner, the amounts found and defined as unclaimed. Holders THE 3,320
DIRECTOR SHALL NOT ENTER INTO SUCH A CONTRACT WITH A PERSON
UNLESS THE PERSON DOES BOTH OF THE FOLLOWING: 3,321
(1) AGREES TO MAINTAIN THE CONFIDENTIALITY OF THE RECORDS 3,323
EXAMINED, AS REQUIRED UNDER DIVISION (F) OF THIS SECTION; 3,325
(2) OBTAINS A CORPORATE SURETY BOND ISSUED BY A BONDING 3,327
COMPANY OR INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS 3,328
STATE. THE BOND SHALL BE IN FAVOR OF THE DIRECTOR AND IN THE 3,329
PENAL SUM DETERMINED BY THE DIRECTOR.
HOLDERS shall retain records, designated by the director as 3,331
applicable to unclaimed funds, for five years beyond the relevant 3,332
time period provided in section 169.02 of the Revised Code, or 3,333
until completion of an audit conducted pursuant to this division 3,334
(F) OF THIS SECTION, whichever occurs first. 3,336
Records audited pursuant to this division (F) OF THIS 3,338
SECTION are confidential, and shall not be disclosed except as 3,340
required by section 169.06 of the Revised Code or as the director 3,341
considers necessary in the proper administration of this chapter. 3,342
(G) All holders shall make sufficient investigation of 3,344
their records to ensure that the funds reported to the director 3,346
are unclaimed as set forth in division (B) of section 169.01 and 3,347
section 169.02 of the Revised Code. 3,348
(H) The expiration of any period of limitations on or 3,350
after March 1, 1968, within which a person entitled to any 3,351
78
moneys, rights to moneys, or intangible property could have 3,352
commenced an action or proceeding to obtain the same shall not 3,353
prevent such items from becoming unclaimed funds or relieve the 3,354
holder thereof of any duty to report and give notice as provided 3,355
in this section and deliver the same in the manner provided in 3,356
section 169.05 of the Revised Code, provided that the holder may 3,357
comply with the provisions of this section and section 169.05 of 3,358
the Revised Code with respect to any moneys, rights to moneys, or 3,359
intangible property as to which the applicable statute of 3,360
limitations has run prior to March 1, 1968, and in such event the 3,361
holder shall be entitled to the protective provisions of section 3,362
169.07 of the Revised Code. 3,363
(I) No social security number contained in a report made 3,365
pursuant to this section shall be used by the department of 3,366
commerce for any purpose other than to enable the division of 3,367
unclaimed funds to carry out the purposes of this chapter and for 3,368
child support purposes in response to a request made by the 3,371
division of child support in the department of human services
made pursuant to section 5101.327 of the Revised Code. 3,372
Sec. 173.011. (A) WHEN ADMINISTERING FUNDS GRANTED UNDER 3,374
THE "OLDER AMERICANS ACT OF 1965," 79 STAT. 219, 42 U.S.C. 3001, 3,376
AS AMENDED, THE DEPARTMENT OF AGING MAY DIVIDE THE STATE INTO 3,377
SEPARATE MULTI-COUNTY REGIONS THAT SHALL BE KNOWN AS PLANNING AND
SERVICE AREAS. IF THE DEPARTMENT DIVIDES THE STATE INTO THOSE 3,378
AREAS, THEN, CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,379
(C)(1) OF THIS SECTION, IT SHALL DESIGNATE ONE PUBLIC ENTITY OR 3,380
ONE PRIVATE NONPROFIT ENTITY AS EACH AREA'S AGENCY ON AGING. 3,381
THAT AGENCY SHALL ADMINISTER PROGRAMS ON BEHALF OF THE DEPARTMENT 3,382
UNDER THE OLDER AMERICANS ACT OF 1965 WITHIN ITS PLANNING AND 3,384
SERVICE AREA.
(B) CONSISTENT WITH THE RULES ADOPTED UNDER DIVISION 3,387
(C)(2) OF THIS SECTION AND FOLLOWING AN ADJUDICATION HEARING
CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, 3,388
THE DEPARTMENT MAY ISSUE AN ADJUDICATION ORDER THAT WITHDRAWS OR 3,389
79
PROVISIONALLY MAINTAINS THE DESIGNATION OF AN ENTITY AS AN AGENCY 3,390
ON AGING.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER CHAPTER 119. OF 3,393
THE REVISED CODE THAT DO BOTH OF THE FOLLOWING:
(1) ESTABLISH CRITERIA TO BE USED FOR DESIGNATING AN 3,395
AGENCY ON AGING;
(2) PROVIDE PROCEDURES AND GROUNDS FOR WITHDRAWING OR 3,397
PROVISIONALLY MAINTAINING THE DESIGNATION OF AN ENTITY AS AN 3,398
AGENCY ON AGING OF A PLANNING AND SERVICE AREA. 3,399
Sec. 173.35. (A) AS USED IN THIS SECTION, "PASSPORT 3,408
ADMINISTRATIVE AGENCY" MEANS AN ENTITY UNDER CONTRACT WITH THE 3,409
DEPARTMENT OF AGING TO PROVIDE ADMINISTRATIVE SERVICES REGARDING 3,410
THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 OF THE REVISED 3,411
CODE.
(B) The department of aging shall administer the 3,414
residential state supplement program under which the state
supplements the supplemental security income payments received by 3,415
aged, blind, or disabled adults under Title XVI of the "Social 3,416
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 3,417
Residential state supplement payments shall be used for the 3,418
provision of accommodations, supervision, and personal care 3,419
services to supplemental security income recipients who the 3,420
department determines are at risk of needing institutional care. 3,421
(B)(C) To be eligible for residential state supplement 3,423
payments, an individual must reside in one of the following: 3,425
(1) An adult foster home certified under section 173.36 of 3,427
the Revised Code; 3,428
(2) A home or facility, other than a nursing home or 3,430
nursing home unit of a home for the aging, licensed by the 3,431
department of health under Chapter 3721. or 3722. of the Revised 3,433
Code;
(3) A community alternative home licensed under section 3,435
3724.03 of the Revised Code; 3,436
(4) A residential facility as defined in division 3,438
80
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 3,439
the department of mental health; 3,440
(5) An apartment or room used to provide community mental 3,442
health housing services certified by the department of mental 3,443
health under division (M) of section 5119.61 of the Revised Code 3,444
and approved by a board of alcohol, drug addiction, and mental 3,445
health services under division (A)(13) of section 340.03 of the 3,446
Revised Code. 3,447
(C)(D) TO BE ELIGIBLE FOR RESIDENTIAL STATE SUPPLEMENT 3,449
PAYMENTS, AN INDIVIDUAL APPLYING FOR THE PAYMENTS MUST RECEIVE 3,451
CERTIFICATION THAT THE ENVIRONMENT IN WHICH THE INDIVIDUAL WILL 3,452
BE LIVING WHILE RECEIVING THE SUPPLEMENT IS APPROPRIATE FOR THE 3,453
INDIVIDUAL'S NEEDS. TO RECEIVE THE CERTIFICATION, THE INDIVIDUAL 3,454
SHALL UNDERGO A SCREENING CONDUCTED BY A PASSPORT ADMINISTRATIVE 3,455
AGENCY TO DETERMINE WHETHER THE INDIVIDUAL HAS A SEVERE MENTAL 3,456
ILLNESS. IF THE AGENCY DETERMINES THE INDIVIDUAL DOES NOT HAVE A 3,457
SEVERE MENTAL ILLNESS, THE AGENCY SHALL PROVIDE THE INDIVIDUAL 3,458
THE CERTIFICATION. IF THE AGENCY DETERMINES THAT THE INDIVIDUAL 3,459
MAY HAVE A SEVERE MENTAL ILLNESS, THE AGENCY SHALL REFER THE 3,460
INDIVIDUAL TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 3,461
HEALTH SERVICES FOR SERVICES UNDER DIVISION (A)(14) OF SECTION 3,462
340.03 OF THE REVISED CODE, INCLUDING, IF THE INDIVIDUAL'S LIVING 3,464
ENVIRONMENT IS DETERMINED TO BE APPROPRIATE, CERTIFICATION OF
THAT DETERMINATION. 3,465
(E) The departments of aging and human services shall 3,468
adopt rules in accordance with section 111.15 of the Revised Code 3,470
as necessary to implement the residential state supplement 3,472
program.
To the extent permitted by Title XVI of the "Social 3,475
Security Act," and any other provision of federal law, the 3,476
department of human services shall adopt rules establishing 3,477
standards for adjusting the eligibility requirements concerning 3,478
the level of impairment a person must have so that the amount 3,479
appropriated for the program by the general assembly is adequate 3,480
81
for the number of eligible individuals. The rules shall not 3,481
limit the eligibility of disabled persons solely on a basis 3,482
classifying disabilities as physical or mental. The department 3,483
of human services also shall adopt rules that establish 3,484
eligibility standards for aged, blind, or disabled individuals 3,485
who reside in one of the homes or facilities specified in 3,486
division (B)(C) of this section but who, because of their income, 3,488
do not receive supplemental security income payments. 3,489
Notwithstanding division (A)(C) of this section, such payments 3,490
may be made if funds are available for them. 3,491
The department of aging shall adopt rules establishing the 3,493
method to be used to determine the amount an eligible individual 3,494
will receive under the program. The amount the general assembly 3,495
appropriates for the program shall be a factor included in the 3,497
method that department establishes.
(D)(F) The county department of human services of the 3,499
county in which an applicant for the residential state supplement 3,502
program resides shall determine whether the applicant meets 3,503
income and resource requirements for the program.
(E)(G) The department of aging shall maintain a waiting 3,505
list of any individuals eligible for payments under this section 3,507
but not receiving them because moneys appropriated to the 3,508
department for the purposes of this section are insufficient to 3,509
make payments to all eligible individuals. That department, by 3,510
rules adopted in accordance with Chapter 119. of the Revised 3,511
Code, shall specify procedures and requirements for placing an 3,512
individual on the waiting list. INDIVIDUALS RESIDING IN A 3,513
NONRESIDENTIAL, NONINSTITUTIONAL, COMMUNITY SETTING SHALL HAVE 3,514
PRIORITY OVER OTHER INDIVIDUALS ON THE WAITING LIST. 3,515
(F)(H) An individual in a licensed or certified living 3,517
arrangement receiving state supplementation on November 15, 1990, 3,518
under former section 5101.531 of the Revised Code shall not 3,519
become ineligible for payments under this section solely by 3,520
reason of his THE INDIVIDUAL'S living arrangement as long as he 3,522
82
THE INDIVIDUAL remains in the living arrangement in which he THE 3,523
INDIVIDUAL resided on November 15, 1990.
(G)(I) The department of aging shall notify each person 3,525
denied approval for payments under this section of his THE 3,526
PERSON'S right to a hearing. On request, the hearing shall be 3,527
provided by the department of human services in accordance with 3,528
section 5101.35 of the Revised Code. 3,529
Sec. 307.851. (A) Notwithstanding anything to the 3,538
contrary in the Revised Code, a board of county commissioners of 3,539
a county that has enacted a tax levy under section 5705.191 of 3,540
the Revised Code may, in addition to exercising the other powers 3,542
granted to a board of county commissioners, MAY enter into a 3,543
contract with any corporation or association, whether the 3,545
corporation or association is for profit or nonprofit, for that 3,546
corporation or association to provide the services described in 3,547
this section and for the county to pay for those contracted 3,548
services with the proceeds of that tax levy, provided that IF THE 3,549
proceeds from the THAT tax levy are used only for the purpose or 3,551
purposes for which the tax was levied. Services for which a
contract may be entered into under this section are alcohol, drug 3,553
addiction, and mental health services; services for the mentally 3,555
retarded or developmentally disabled; and public ANY OR ALL 3,556
health AND HUMAN services OR SOCIAL SERVICES PROVIDED TO THE 3,557
RESIDENTS OF THE COUNTY.
(B) Before entering into a contract as provided in 3,559
division (A) of this section, the board of county commissioners 3,560
shall first SHALL notify, in writing, the alcohol, drug 3,562
addiction, and mental health services board; the board of mental 3,564
retardation and developmental disabilities; or the board of the 3,565
health district or combined general health district of that 3,567
county PARTICULAR COUNTY AGENCY, BOARD, DEPARTMENT, OR OTHER
ENTITY THAT IS REQUIRED TO PROVIDE, OVERSEE, OR ACQUIRE RELATED 3,568
MANDATED OR ESSENTIAL SERVICES, as appropriate for the service 3,569
SERVICES to be provided under the contract, of the board's BOARD 3,572
83
OF COUNTY COMMISSIONER'S intention to enter into a contract with 3,573
a corporation or association to provide a particular service THE 3,575
HEALTH AND HUMAN SERVICES OR SOCIAL SERVICES TO THE RESIDENTS OF 3,576
THE COUNTY. The notice shall delineate IDENTIFY the particular 3,578
service SERVICES to be SO provided, identify the corporation or 3,579
association with which the board proposes to contract, and 3,580
INDICATE the amount proposed to be paid to the corporation or 3,583
association for performing those services. The notified AGENCY, 3,584
board, DEPARTMENT, OR OTHER ENTITY has thirty days in which to 3,585
inform the board of county commissioners of its intention to 3,587
provide that service THE SERVICES itself or authorize the board 3,589
of county commissioners to contract with the proposed corporation 3,590
or association to provide the service SERVICES. If the board of 3,591
county commissioners receives no response from a notified AGENCY, 3,592
board, DEPARTMENT, OR OTHER ENTITY within the thirty-day period, 3,593
the notified AGENCY, board, DEPARTMENT, OR OTHER ENTITY shall be 3,596
deemed to have authorized the proposed contract. Once the 3,598
contract is authorized by each notified AGENCY, board,
DEPARTMENT, OR OTHER ENTITY, the board of county commissioners 3,600
may enter into a contract with the corporation or association, as 3,601
proposed.
(C) In addition to any other terms that the board OF 3,603
COUNTY COMMISSIONERS finds appropriate, any agreement entered 3,605
into under division (A) of this section shall provide all the 3,606
following:
(1) That the corporation or association shall keep current 3,608
and accurate accounts of its use of the moneys it receives from 3,609
the county;
(2) That the corporation or association shall, at least 3,612
annually, SHALL have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 3,614
Revised Code, of any services or programs it has performed with 3,615
county moneys. A copy of the fiscal audit report shall be 3,617
provided to the board of county commissioners, the county
84
auditor, and the auditor of state. 3,618
(3) That the corporation or association is liable to repay 3,620
to the county any county moneys it receives that are improperly 3,621
used;
(4) That the corporation or association shall repay to the 3,623
board OF COUNTY COMMISSIONERS all county moneys remaining unused 3,625
at the end of the fiscal year or other accounting period for 3,626
which the board paid the moneys, except that, when the recipient 3,628
is to receive county moneys in the next succeeding fiscal year or
other accounting period following the fiscal year or other 3,629
accounting period for which the board paid the moneys, the 3,630
recipient need not repay the county moneys remaining unused; 3,631
(5) That the corporation or association shall provide the 3,633
board of county commissioners annually a summary of the program 3,634
or service activities it has performed with county moneys. 3,636
Sec. 307.98. Each board of county commissioners shall 3,646
enter into a written partnership agreement with the director of 3,647
human services in accordance with section 5101.21 of the Revised
Code. Prior to entering into or substantially amending the 3,649
agreement, the board shall conduct a public hearing and consult 3,651
with the county human services planning committee established 3,652
under section 329.06 of the Revised Code. Through the hearing
and consultation, the board shall obtain comments and 3,653
recommendations concerning what would be the county's obligations 3,655
and responsibilities under the agreement or amendment. AS 3,656
EVIDENCE THAT THE BOARD CONSULTED WITH THE COUNTY HUMAN SERVICES
PLANNING COMMITTEE, THE COMMITTEE'S CHAIR SHALL SIGN A LETTER 3,657
CONFIRMING THAT THE CONSULTATION OCCURRED, WHICH SHALL BE 3,658
ATTACHED TO THE PARTNERSHIP AGREEMENT AND ANY SUBSTANTIAL 3,659
AMENDMENTS TO THE AGREEMENT.
Sec. 311.01. (A) A sheriff shall be elected quadrennially 3,668
in each county. A sheriff shall hold office for a term of four 3,669
years, beginning on the first Monday of January next after the 3,670
sheriff's election. 3,671
85
(B) On and after January 1, 1988, except EXCEPT as 3,673
otherwise provided in this section, no person is eligible to be a 3,674
candidate for sheriff, and no person shall be elected or 3,675
appointed to the office of sheriff, unless that person meets all 3,676
of the following requirements: 3,677
(1) The person is a citizen of the United States;. 3,679
(2) The person has been a resident of the county in which 3,681
the person is a candidate for or is appointed to the office of 3,683
sheriff for at least one year immediately prior to the 3,684
qualification date;.
(3) The person has the qualifications of an elector as 3,686
specified in section 3503.01 of the Revised Code and has complied 3,688
with all applicable election laws;. 3,689
(4) The person has been awarded a high school diploma or a 3,691
certificate of high school equivalence issued for achievement of 3,693
specified minimum scores on the general educational development 3,694
test of the American council on education;. 3,695
(5) The person has not been convicted of or pleaded guilty 3,697
to a felony or any offense involving moral turpitude under the 3,698
laws of this or any other state or the United States, and has not 3,699
been convicted of or pleaded guilty to an offense that is a 3,700
misdemeanor of the first degree under the laws of this state or 3,701
an offense under the laws of any other state or the United States 3,702
that carries a penalty that is substantially equivalent to the 3,703
penalty for a misdemeanor of the first degree under the laws of 3,704
this state;. 3,705
(6) The person has been fingerprinted and has been the 3,707
subject of a search of local, state, and national fingerprint 3,709
files to disclose any criminal record. Such fingerprints shall 3,710
be taken under the direction of the administrative judge of the 3,711
court of common pleas who, prior to the applicable qualification 3,712
date, shall notify the board of elections, board of county 3,713
commissioners, or county central committee of the proper 3,714
political party, as applicable, of the judge's findings. 3,715
86
(7) The person has prepared a complete history of the 3,718
person's places of residence for a period of six years 3,719
immediately preceding the qualification date and a complete 3,720
history of the person's places of employment for a period of six 3,721
years immediately preceding the qualification date, indicating 3,722
the name and address of each employer and the period of time 3,723
employed by that employer. The residence and employment 3,724
histories shall be filed with the administrative judge of the 3,725
court of common pleas of the county, who shall forward them with 3,726
the findings under division (B)(6) of this section to the 3,727
appropriate board of elections, board of county commissioners, or 3,728
county central committee of the proper political party prior to 3,729
the applicable qualification date.
(8) The person meets at least one of the following 3,731
conditions:
(a) Has obtained or held, within the four-year period 3,733
ending immediately prior to the qualification date, a valid basic 3,734
peace officer certificate of training issued by the Ohio peace 3,735
officer training council COMMISSION or has been issued a 3,736
certificate of training pursuant to section 5503.05 of the 3,737
Revised Code, and, within the four-year period ending immediately 3,739
prior to the qualification date, has been employed as an 3,740
appointee pursuant to section 5503.01 of the Revised Code or as a 3,741
full-time peace officer as defined in section 109.71 of the 3,742
Revised Code performing duties related to the enforcement of
statutes, ordinances, or codes; 3,743
(b) Has obtained or held, within the three-year period 3,745
ending immediately prior to the qualification date, a valid basic 3,746
peace officer certificate of training issued by the Ohio peace 3,747
officer training council COMMISSION and has been employed for at 3,748
least the last five THREE years prior to the qualification date 3,749
as a full-time law enforcement officer, as defined in division 3,751
(K)(A)(11) of section 2901.01 of the Revised Code, performing 3,753
duties related to the enforcement of statutes, ordinances, or
87
codes. 3,754
(9) The person meets at least one of the following 3,756
conditions:
(a) Has at least two years of supervisory experience as a 3,759
peace officer at the rank of corporal or above, or has been 3,761
appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period 3,762
ending immediately prior to the qualification date; 3,763
(b) Has completed satisfactorily at least two years of 3,766
post-secondary education or the equivalent in semester or quarter 3,767
hours in a college or university authorized to confer degrees by 3,768
the Ohio board of regents or the comparable agency of another 3,769
state in which the college or university is located. 3,770
(C) Persons who meet the requirements of division (B) of 3,772
this section, except the requirement of division (B)(2) of this 3,773
section, may take all actions otherwise necessary to comply with 3,775
division (B) of this section. If, on the applicable 3,776
qualification date, no person has met all the requirements of 3,777
division (B) of this section, then persons who have complied with 3,778
and meet the requirements of division (B) of this section, except 3,779
the requirement of division (B)(2) of this section, shall be 3,780
considered qualified candidates under division (B) of this 3,781
section.
(D) Newly elected sheriffs shall attend a basic training 3,784
course conducted by the Ohio peace officer training council 3,785
COMMISSION pursuant to division (A) of section 109.80 of the 3,786
Revised Code. A newly elected sheriff shall complete not less 3,787
than two weeks of this course before the first Monday in January 3,788
next after the sheriff's election. While attending the basic 3,789
training course, a newly elected sheriff may, with the approval 3,790
of the board of county commissioners, receive compensation, paid 3,791
for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the 3,792
powers and duties of the office of sheriff. 3,793
88
Appointed sheriffs shall attend the first basic training 3,796
course conducted by the Ohio peace officer training commission 3,797
pursuant to division (A) of section 109.80 of the Revised Code 3,798
within six months following the date of appointment or election 3,799
to the office of sheriff. commission commission While attending 3,801
the basic training course, appointed sheriffs shall receive
regular compensation in the same manner and amounts as if 3,802
carrying out their regular powers and duties. 3,803
Five days of instruction at the basic training course shall 3,805
be considered equal to one week of work. The costs of conducting 3,806
the basic training course and the costs of meals, lodging, and 3,807
travel of appointed and newly elected sheriffs attending the 3,808
course shall be paid from state funds appropriated to the 3,809
commission for this purpose.
(E) Beginning in the second calendar year of the term of 3,811
appointed and newly elected sheriffs appointed or elected on or 3,812
after January 1, 1988, and beginning in calendar year 1988 for 3,813
other sheriffs, and in IN each calendar year thereafter, each 3,815
sheriff shall attend and successfully complete at least sixteen 3,816
hours of continuing education approved under division (B) of 3,817
section 109.80 of the Revised Code. A sheriff who receives a 3,818
waiver of the continuing education requirement from the 3,819
commission under division (C) of section 109.80 of the Revised 3,820
Code because of medical disability or for other good cause shall 3,821
complete the requirement at the earliest time after the 3,822
disability or cause terminates. 3,823
(F)(1) Each person who is a candidate for election to or 3,825
who is under consideration for appointment to the office of 3,826
sheriff shall swear before the administrative judge of the court 3,827
of common pleas as to the truth of any information the person 3,828
provides to verify the person's qualifications for the office. A 3,830
person who violates this requirement is guilty of falsification 3,831
under section 2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a 3,833
89
candidate for the office of sheriff who has filed a declaration 3,834
of candidacy, a statement of candidacy, or a declaration of 3,835
intent to be a write-in candidate meets the qualifications 3,836
specified in divisions (B) and (C) of this section. 3,837
(G) The office of a sheriff who is required to comply with 3,839
division (D) or (E) of this section and who fails to successfully 3,840
complete the courses pursuant to those divisions is hereby deemed 3,841
to be vacant. 3,842
(H) As used in this section: 3,844
(1) "Qualification date" means the last day on which a 3,846
candidate for the office of sheriff can file a declaration of 3,847
candidacy, a statement of candidacy, or a declaration of intent 3,848
to be a write-in candidate, as applicable, in the case of a 3,849
primary election for the office of sheriff; the last day on which 3,850
a person may be appointed to fill a vacancy in a party nomination 3,851
for the office of sheriff under Chapter 3513. of the Revised 3,852
Code, in the case of a vacancy in the office of sheriff; or a 3,853
date thirty days after the day on which a vacancy in the office 3,854
of sheriff occurs, in the case of an appointment to such a 3,855
vacancy under section 305.02 of the Revised Code. 3,856
(2) "Newly elected sheriff" means a person who did not 3,858
hold the office of sheriff of a county on the date the person was 3,859
elected sheriff of that county. 3,860
Sec. 329.023. EACH COUNTY DEPARTMENT OF HUMAN SERVICES 3,862
SHALL ASSIGN EMPLOYEES OF THE COUNTY DEPARTMENT TO HOURS OF 3,863
EMPLOYMENT OUTSIDE THE NORMAL WORKING HOURS OF THE COUNTY 3,864
DEPARTMENT TO ACCEPT APPLICATIONS FOR THE PROGRAMS ADMINISTERED 3,865
BY THE COUNTY DEPARTMENT AND TO ASSIST PROGRAM RECIPIENTS AND 3,866
PARTICIPANTS WITH THE PROGRAMS. THE ASSIGNMENT SHALL NOT CAUSE 3,867
AN EMPLOYEE TO INCUR OVERTIME PAY. THE HOURS OF EMPLOYMENT 3,868
OUTSIDE NORMAL WORKING HOURS SHALL BE ONE OF THE FOLLOWING: 3,869
(A) FIVE p.m. UNTIL NINE p.m. DURING TWO WEEKDAY EVENINGS; 3,872
(B) FIVE p.m. UNTIL NINE p.m. DURING ONE WEEKDAY EVENING 3,875
AND FOURS HOURS DURING THE DAY ON SATURDAYS; 3,876
90
(C) EIGHT HOURS DURING THE DAY ON SATURDAYS. 3,878
Sec. 329.04. (A) The county department of human services 3,887
shall have, exercise, and perform the following powers and 3,888
duties:
(1) Perform any duties assigned by the department of human 3,891
services regarding the provision of public social services, 3,892
including the provision of the following services to prevent or 3,893
reduce economic or personal dependency and to strengthen family 3,894
life:
(a) Services authorized by Title IV-A of the "Social 3,896
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 3,898
and known in this state as the Ohio works first program 3,899
established by Chapter 5107. of the Revised Code and the 3,900
prevention, retention, and contingency program established under 3,901
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 3,904
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 3,906
support enforcement agency, services authorized by Title IV-D of 3,907
the "Social Security Act" and provided for by sections 2301.34 to 3,908
2301.44 of the Revised Code. The county department may perform 3,910
the services itself or contract with other government entities, 3,911
and, pursuant to division (C) of section 2301.35 and section 3,912
2301.42 of the Revised Code, private entities, to perform the 3,913
Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 3,915
of the Revised Code as required by the state department of human 3,916
services;
(3) Administer burials insofar as the administration of 3,918
burials was, prior to September 12, 1947, imposed upon the board 3,919
of county commissioners and if otherwise required by state law; 3,920
(4) Cooperate with state and federal authorities in any 3,922
matter relating to human services and to act as the agent of such 3,923
91
authorities;
(5) Submit an annual account of its work and expenses to 3,926
the board of county commissioners and to the department of human 3,927
services at the close of each fiscal year;
(6) Exercise any powers and duties relating to human 3,930
services imposed upon the county department of human services by 3,931
law, by resolution of the board of county commissioners, or by
order of the governor, when authorized by law, to meet 3,932
emergencies during war or peace; 3,933
(7) Determine the eligibility for medical assistance of 3,935
recipients of aid under Title XVI of the "Social Security Act"; 3,936
(8) IF ASSIGNED BY THE DIRECTOR OF HUMAN SERVICES UNDER 3,938
SECTION 5101.515 OF THE REVISED CODE, DETERMINE APPLICANTS' 3,939
ELIGIBILITY FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S HEALTH 3,940
INSURANCE PROGRAM PART II;
(9) Enter into a plan of cooperation with the board of 3,942
county commissioners under section 307.983, consult with the 3,944
board in the development of the transportation work plan
developed under section 307.984, establish with the board 3,945
procedures under section 307.985 for providing services to 3,946
children whose families relocate frequently, and comply with the 3,947
partnership agreement the board enters into under section 307.98
and contracts the board enters into under sections 307.981 and 3,948
307.982 of the Revised Code that affect the county department. 3,949
(B) The powers and duties of a county department of human 3,951
services are, and shall be exercised and performed, under the 3,952
control and direction of the board of county commissioners. The 3,953
board may assign to the county department any power or duty of 3,954
the board regarding human services. If the new power or duty
necessitates the state department of human services changing its 3,955
federal cost allocation plan, the county department may not 3,956
implement the power or duty unless the United States department 3,957
of health and human services approves the changes. 3,958
Sec. 329.041. IN EACH COUNTY IN WHICH THERE IS A COUNTY 3,960
92
TRANSIT BOARD ESTABLISHED BY SECTION 306.01 OF THE REVISED CODE, 3,961
A COUNTY TRANSIT SYSTEM OPERATED UNDER THAT SECTION, OR A 3,963
REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 306.32 OF THE 3,964
REVISED CODE, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL MEET 3,965
NOT LESS THAN ONCE EACH CALENDAR QUARTER WITH TRANSIT 3,966
REPRESENTATIVES OF THE BOARD, SYSTEM, OR AUTHORITY. THE 3,967
DEPARTMENT AND TRANSIT REPRESENTATIVES SHALL DISCUSS THE 3,968
TRANSPORTATION NEEDS OF THE COUNTY'S OHIO WORKS FIRST 3,969
PARTICIPANTS, REVIEW EXISTING EFFORTS AND DEVELOP NEW OPTIONS TO 3,970
MEET THOSE NEEDS, AND MEASURE THE ACCOMPLISHMENTS OF THOSE 3,971
EFFORTS.
Sec. 329.06. (A) Except as provided in division (C) of 3,981
this section, the board of county commissioners shall establish a 3,982
county human services planning committee. The board shall 3,983
appoint a member to represent the county department of human 3,984
services; an employee in the classified civil service of the 3,985
county department of human services, if there are any such
employees; and a member to represent the public. The board shall 3,986
appoint other individuals to the committee in such a manner that 3,987
the committee's membership is broadly representative of the 3,988
groups of individuals and the public and private entities that 3,989
have an interest in the social services provided in the county. 3,990
The board shall make appointments in a manner that reflects the 3,991
ethnic and racial composition of the county. The following 3,992
groups and entities may be represented on the committee: 3,993
(1) Consumers of social services; 3,995
(2) The public children services agency; 3,997
(3) The child support enforcement agency; 3,999
(4) The county family and children first council; 4,001
(5) Public and private colleges and universities; 4,003
(6) Public entities that provide social services, 4,005
including boards of health, boards of education, the county board 4,007
of mental retardation and developmental disabilities, and the 4,008
board of alcohol, drug addiction, and mental health services that 4,009
93
serves the county;
(7) Private nonprofit and for-profit entities that provide 4,012
social services in the county or that advocate for consumers of 4,013
social services in the county, including entities that provide
services to or advocate for victims of domestic violence; 4,014
(8) Labor organizations; 4,016
(9) Any other group or entity that has an interest in the 4,018
social services provided in the county, including groups or 4,019
entities that represent any of the county's business, urban, and 4,020
rural sectors. 4,021
(B) The county human services planning committee shall do 4,024
all of the following: 4,025
(1) Serve as an advisory body to the board of county 4,027
commissioners with regard to the social services provided in the 4,028
county, including assistance under Chapters 5107. and 5108. of 4,030
the Revised Code, publicly funded child day-care under Chapter 4,033
5104. of the Revised Code, and social services provided under 4,036
section 5101.46 of the Revised Code; 4,038
(2) AT LEAST ONCE A YEAR, REVIEW AND ANALYZE THE COUNTY 4,040
DEPARTMENT OF HUMAN SERVICES' IMPLEMENTATION OF THE PROGRAMS 4,041
ESTABLISHED UNDER CHAPTERS 5107. AND 5108. OF THE REVISED CODE. 4,042
IN ITS REVIEW, THE COMMITTEE SHALL USE INFORMATION AVAILABLE TO 4,044
IT TO EXAMINE ALL OF THE FOLLOWING: 4,045
(a) RETURN OF ASSISTANCE GROUPS TO PARTICIPATION IN EITHER 4,048
PROGRAM AFTER CEASING TO PARTICIPATE;
(b) TEEN PREGNANCY RATES AMONG THE PROGRAMS' PARTICIPANTS; 4,050
(c) THE OTHER TYPES OF ASSISTANCE THE PROGRAMS' 4,052
PARTICIPANTS RECEIVE, INCLUDING MEDICAL ASSISTANCE UNDER CHAPTER 4,053
5111. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER 4,055
CHAPTER 5104. OF THE REVISED CODE, FOOD STAMP BENEFITS UNDER 4,057
SECTION 5101.54 OF THE REVISED CODE, AND ENERGY ASSISTANCE UNDER 4,059
CHAPTER 5117. OF THE REVISED CODE; 4,060
(d) OTHER ISSUES THE COMMITTEE CONSIDERS APPROPRIATE. 4,062
THE COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF 4,064
94
COUNTY COMMISSIONERS AND COUNTY DEPARTMENT OF HUMAN SERVICES 4,065
REGARDING THE COMMITTEE'S FINDINGS. 4,066
(3) Provide comments and recommendations to the board 4,068
prior to the board's entering into or substantially amending a 4,069
partnership agreement with the director of human services under 4,072
section 307.98 of the Revised Code; 4,073
(3)(4) Conduct public hearings on proposed county profiles 4,076
for the provision of social services under section 5101.46 of the 4,077
Revised Code; 4,079
(4)(5) At the request of the board, make recommendations 4,081
and provide assistance regarding the social services provided in 4,082
the county; 4,083
(5)(6) At any other time the committee considers 4,085
appropriate, consult with the board and make recommendations 4,086
regarding the social services provided in the county. The 4,087
committee's recommendations may address the following: 4,088
(a) Implementation and administration of social service 4,091
programs;
(b) Use of federal, state, and local funds available for 4,094
social service programs;
(c) Establishment of goals to be achieved by social 4,097
service programs;
(d) Evaluation of the outcomes of social service programs; 4,100
(e) Any other matter the board considers relevant to the 4,103
provision of social services.
(C) If there is a committee in existence in a county on 4,106
the effective date of this amendment OCTOBER 1, 1997, that the 4,107
board of county commissioners determines is capable of fulfilling 4,109
the responsibilities of a county human services planning 4,110
committee, the board may designate the committee as the county's 4,111
human services planning committee and the committee shall serve 4,112
in that capacity.
Sec. 329.07. (A) AS USED IN THIS SECTION: 4,114
(1) "OHIO WORKS FIRST" AND "TITLE IV-A" HAVE THE SAME 4,117
95
MEANINGS AS IN SECTION 5107.02 OF THE REVISED CODE. 4,118
(2) "WORK ACTIVITY" HAS THE SAME MEANING AS IN SECTION 4,120
5107.40 OF THE REVISED CODE. 4,121
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE AT 4,123
LEAST ONE OHIO WORKS FIRST OMBUDSPERSON. A COUNTY DEPARTMENT MAY 4,124
PROVIDE FOR AN OHIO WORKS FIRST PARTICIPANT WHO RESIDES IN THE 4,125
COUNTY THE COUNTY DEPARTMENT SERVES AND IS QUALIFIED TO PERFORM 4,126
THE DUTIES OF AN OMBUDSPERSON TO BE AN OMBUDSPERSON. SERVICE AS 4,127
AN OMBUDSPERSON MAY BE A WORK ACTIVITY TO WHICH AN OHIO WORKS 4,128
FIRST PARTICIPANT IS ASSIGNED UNDER SECTION 5107.42 OF THE 4,129
REVISED CODE. IF NO OHIO WORKS FIRST PARTICIPANT RESIDING IN THE 4,130
COUNTY THE COUNTY DEPARTMENT SERVES IS QUALIFIED TO PERFORM THE
DUTIES OF AN OMBUDSPERSON, THE COUNTY DEPARTMENT SHALL PROVIDE
FOR ONE OR MORE EMPLOYEES OF THE COUNTY DEPARTMENT TO BE 4,131
OMBUDSPERSONS. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE 4,132
COUNTY DEPARTMENT MAY USE FUNDS AVAILABLE UNDER TITLE IV-A TO 4,133
PROVIDE FOR COUNTY DEPARTMENT EMPLOYEES TO PERFORM THE DUTIES OF 4,135
AN OMBUDSPERSON.
AN OHIO WORKS FIRST OMBUDSPERSON SHALL HELP OHIO WORKS 4,137
FIRST APPLICANTS AND PARTICIPANTS RESOLVE COMPLAINTS THE 4,139
APPLICANTS AND PARTICIPANTS HAVE ABOUT THE ADMINISTRATION OF OHIO 4,140
WORKS FIRST AND HELP PARTICIPANTS CONTACT CASEWORKERS FOR THE 4,141
PURPOSE OF SCHEDULING MEETINGS UNDER SECTION 5107.162 OF THE 4,143
REVISED CODE.
Sec. 329.12. (A) A county department of human services 4,153
may establish an individual development account program for 4,154
residents of the county. The program shall provide for 4,155
establishment of accounts for participants and acceptance of
contributions from others INDIVIDUALS AND ENTITIES, INCLUDING THE 4,156
COUNTY DEPARTMENT, to be used as matching funds for deposit in 4,157
the accounts. 4,158
(B) A county department shall select a fiduciary 4,162
organization to administer its individual development account 4,163
program. In selecting a fiduciary organization, the department 4,165
96
shall consider all of the following regarding the organization: 4,167
(1) Its ability to market the program to potential 4,169
participants and matching fund contributors; 4,170
(2) Its ability to invest money in the accounts in a way 4,173
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 4,175
ability to verify eligibility of individuals for participation in 4,176
the program, prevent unauthorized use of matching contributions, 4,178
and enforce any penalties for unauthorized uses that may be 4,179
provided for by rule adopted by the state department of human 4,180
services under section 5101.971 of the Revised Code.; 4,181
(4) Its ability to provide financial counseling to 4,184
participants;
(5) Its affiliation with other activities designed to 4,186
increase the independence of individuals and families through 4,187
postsecondary education, home ownership, and business 4,188
development; 4,189
(6) Any other factor the county department considers 4,191
appropriate.
(C) At the time it commences the program and on the first 4,195
day of each subsequent program year, the county department may 4,196
make a grant to the fiduciary organization to pay all or part of 4,197
the administrative costs of the program.
(D) The county department shall require the fiduciary 4,201
organization to collect and maintain information regarding the 4,202
program, including all of the following: 4,203
(1) The number of accounts established; 4,205
(2) The amount deposited by each participant and the 4,208
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 4,210
including the number of participants who used funds for 4,211
postsecondary educational expenses and the institutions attended, 4,213
the number of personal residences purchased, and the number of 4,214
participants who used funds for business capitalization; 4,215
97
(4) The demographics of program participants; 4,217
(5) The number of participants who withdrew from the 4,219
program and the reasons for withdrawal. 4,220
(E) The county department shall prepare and file with the 4,224
state department of human services a semi-annual report 4,225
containing the information the state department requires by rule 4,226
adopted under section 5101.971 of the Revised Code, with the 4,228
first report being filed at the end of the six-month period 4,229
following the effective date of this section. 4,230
Sec. 340.03. (A) Subject to rules issued by the director 4,239
of mental health after consultation with relevant constituencies 4,240
as required by division (A)(11) of section 5119.06 of the Revised 4,241
Code, with regard to mental health services, the board of 4,242
alcohol, drug addiction, and mental health services shall: 4,243
(1) Serve as the community mental health planning agency 4,245
for the county or counties under its jurisdiction, and in so 4,246
doing it shall: 4,247
(a) Evaluate the need for mental health programs and 4,249
facilities; 4,250
(b) Assess the community mental health needs, set 4,252
priorities, and develop plans for the operation of community 4,253
mental health services and programs and facilities for those 4,254
services and programs, in cooperation with other local and 4,255
regional planning and funding bodies and with relevant ethnic 4,256
organizations; 4,257
(c) In accordance with guidelines issued by the director 4,259
of mental health after consultation with board representatives, 4,260
develop and submit to the department of mental health, no later 4,261
than six months prior to the conclusion of the fiscal year in 4,262
which the board's current plan is scheduled to expire, a 4,263
community mental health plan listing community mental health 4,264
needs, including the needs of all residents of the district now 4,265
residing in state mental institutions and severely mentally 4,266
disabled adults, children, and adolescents; all children subject 4,268
98
to a determination made pursuant to section 121.38 of the Revised
Code; and all mental health programs and facilities that are or 4,270
will be in operation during the period for which the plan will be 4,271
in operation in the service district to meet such needs. 4,272
The plan shall include, but not be limited to, a statement 4,274
of which of the services listed in section 340.09 of the Revised 4,275
Code the board intends to provide or purchase, an explanation of 4,276
how the board intends to make any payments that it may be 4,277
required to pay under section 5119.62 of the Revised Code, a 4,278
statement of the inpatient and community-based services the board 4,279
proposes that the department operate, an assessment of the number 4,280
and types of residential facilities needed, and such other 4,281
information as the department requests, and a budget for moneys 4,282
the board expects to receive. The board shall also submit an 4,283
allocation request for state and federal funds. Within sixty 4,284
days after the department's determination that the plan and 4,285
allocation request are complete, the department shall approve or 4,286
disapprove the plan and request, in whole or in part, according 4,287
to the criteria developed pursuant to section 5119.61 of the 4,288
Revised Code. The department's statement of approval or 4,289
disapproval shall specify the inpatient and the community-based 4,290
services that the department will operate for the board. 4,291
Eligibility for financial support shall be contingent upon an 4,292
approved plan or relevant part of a plan. 4,293
If the director disapproves all or part of any plan, he THE 4,295
DIRECTOR shall inform the board of the reasons for the 4,296
disapproval and of the criteria that must be met before the plan 4,297
may be approved. The director shall provide the board an 4,298
opportunity to present its case on behalf of the plan. The 4,299
director shall give the board a reasonable time in which to meet 4,300
the criteria, and shall offer the board technical assistance to 4,301
help it meet the criteria. 4,302
If the approval of a plan remains in dispute thirty days 4,304
prior to the conclusion of the fiscal year in which the board's 4,305
99
current plan is scheduled to expire, the board or the director 4,306
may request that the dispute be submitted to a mutually agreed 4,307
upon third-party mediator with the cost to be shared by the board 4,308
and the department. The mediator shall issue to the board and 4,309
the department recommendations for resolution of the dispute. 4,310
Prior to the conclusion of the fiscal year in which the current 4,311
plan is scheduled to expire, the director, taking into 4,312
consideration the recommendations of the mediator, shall make a 4,313
final determination and approve or disapprove the plan, in whole 4,314
or in part. 4,315
If a board determines that it is necessary to amend a plan 4,317
or an allocation request that has been approved under division 4,318
(A)(1)(c) of this section, the board shall submit a proposed 4,319
amendment to the director. The director may approve or 4,320
disapprove all or part of the amendment. If the director does 4,321
not approve all or part of the amendment within thirty days after 4,322
it is submitted, the amendment or part of it shall be considered 4,323
to have been approved. The director shall inform the board of 4,324
the reasons for disapproval of all or part of an amendment and of 4,326
the criteria that must be met before the amendment may be 4,328
approved. The director shall provide the board an opportunity to 4,329
present its case on behalf of the amendment. The director shall 4,330
give the board a reasonable time in which to meet the criteria, 4,331
and shall offer the board technical assistance to help it meet 4,332
the criteria.
The board shall implement the plan approved by the 4,334
department. 4,335
(d) Receive, compile, and transmit to the department of 4,337
mental health applications for state reimbursement; 4,338
(e) Promote, arrange, and implement working agreements 4,340
with social agencies, both public and private, and with judicial 4,341
agencies. 4,342
(2) Investigate, or request another agency to investigate, 4,344
any complaint alleging abuse or neglect of any person receiving 4,345
100
services from a community mental health agency as defined in 4,346
section 5122.01 of the Revised Code, or from a residential 4,347
facility licensed under section 5119.22 of the Revised Code. If 4,348
the investigation substantiates the charge of abuse or neglect, 4,349
the board shall take whatever action it determines is necessary 4,350
to correct the situation, including notification of the 4,351
appropriate authorities. Upon request, the board shall provide 4,352
information about such investigations to the department. 4,353
(3) Review, evaluate, and conduct program audits for 4,355
community mental health services, facilities, and agencies 4,356
seeking federal, state, or board assistance, review licensure 4,357
applications pursuant to section 5119.22 of the Revised Code, and 4,358
determine if the services meet minimum standards established 4,359
pursuant to division (G) of section 5119.01 of the Revised Code 4,360
and submit its findings and recommendations to the department of 4,361
mental health. 4,362
(4) Audit, in accordance with rules adopted by the auditor 4,364
of state pursuant to section 117.20 of the Revised Code, at least 4,365
annually all programs and services provided under contract with 4,366
the board. In so doing, the board may contract for or employ the 4,367
services of private auditors. A copy of the fiscal audit report 4,368
shall be provided to the director of mental health, the auditor 4,369
of state, and the county auditor of each county in the board's 4,370
district. 4,371
(5) Recruit and promote local financial support for mental 4,373
health programs from private and public sources; 4,374
(6)(a) Enter into contracts with public and private 4,376
agencies for the provision of mental health services and 4,377
facilities. Section 307.86 of the Revised Code does not apply to 4,378
contracts entered into under this division. In contracting with 4,379
a public or private agency, a board shall consider the cost 4,380
effectiveness of services provided by that agency and the quality 4,381
and continuity of care, and may review cost elements, including 4,382
salary costs, of the services to be provided. A utilization 4,383
101
review process shall be established as part of the contract for 4,384
services entered into between a board and a public or private 4,385
agency. The board may establish this process in a way which is 4,386
most effective and efficient in meeting local needs. 4,387
If either the board or a community mental health agency 4,389
with which it contracts for mental health services, programs, or 4,390
facilities proposes not to renew the contract or proposes 4,391
substantial changes in contract terms, the other party shall be 4,392
given written notice at least one hundred twenty days before the 4,393
expiration date of the contract. During the first sixty days of 4,394
this one hundred twenty-day period, both parties shall attempt to 4,395
resolve any dispute through good faith collaboration and 4,396
negotiation in order to continue to provide services to persons 4,397
in need. If the dispute has not been resolved sixty days before 4,398
the expiration date of the contract, either party may notify the 4,399
department of mental health of the unresolved dispute. The 4,400
director may require both parties to submit the dispute to a 4,401
third party with the cost to be shared by the board and the 4,402
agency. The third party shall issue to the board, the agency, 4,403
and the department recommendations on how the dispute may be 4,404
resolved twenty days prior to the expiration date of the 4,405
contract, unless both parties agree to a time extension. The 4,406
director shall adopt rules establishing the procedures of this 4,407
dispute resolution process. 4,408
(b) With the prior approval of the director of mental 4,410
health, a board may operate a mental health service, program, or 4,411
facility as follows, if there is no other qualified private or 4,412
public agency that is immediately available and willing to 4,413
operate such service, program, or facility: 4,414
(i) In an emergency situation, any board may operate a 4,416
mental health service, program, or facility in order to provide 4,417
essential services for the duration of the emergency; 4,418
(ii) In a service district with a population of at least 4,420
one hundred thousand but less than five hundred thousand, a board 4,421
102
may operate a mental health service, program, or facility for no 4,422
longer than one year; 4,423
(iii) In a service district with a population of less than 4,425
one hundred thousand, a board may operate a mental health 4,426
service, program, or facility for no longer than one year, except 4,427
that such a board may operate a mental health service, program, 4,428
or facility for more than one year with the prior approval of the 4,429
director and the prior approval of the board of county 4,430
commissioners, or of a majority of the boards of county 4,431
commissioners if the district is a joint-county district. 4,432
The director shall not give a board approval to operate a 4,435
mental health service, program, or facility under division
(A)(6)(b)(ii) or (iii) of this section unless the director 4,436
determines that it is not feasible to have the department operate 4,438
the service, program, or facility. 4,439
The director shall not give a board approval to operate a 4,442
mental health service, program, or facility under division
(A)(6)(b)(iii) of this section unless the director determines 4,443
that the board's service, program, or facility will provide 4,445
greater administrative efficiency and more or better services 4,446
than would be available if the board contracted with a private or 4,447
public agency for provision of the services. 4,448
The director shall not give a board approval to operate a 4,451
mental health service, program, or facility previously operated
by a community mental health agency unless the board has 4,452
established to the director's satisfaction that the agency cannot 4,453
effectively provide the service, program, or facility, or that 4,454
the agency has requested the board to take over operation of the 4,455
service, program, or facility. 4,456
The director shall review and evaluate the operation of 4,458
each mental health service, program, or facility operated by a 4,459
board under division (A)(6)(b) of this section. 4,460
Nothing in division (A)(6)(b) of this section authorizes a 4,462
board to administer or direct the daily operation of any 4,463
103
community mental health agency, but an agency may contract with a 4,464
board to receive administrative services or staff direction from 4,465
the board under the direction of the governing body of the 4,466
agency. 4,467
(7) Approve fee schedules and related charges or adopt a 4,469
unit cost schedule or other methods of payment for contract 4,470
services provided by community mental health agencies in 4,471
accordance with guidelines issued by the department as necessary 4,472
to comply with state and federal laws pertaining to financial 4,473
assistance; 4,474
(8) Submit to the director and the county commissioners of 4,476
the county or counties served by the board, and make available to 4,477
the public, an annual report of the programs under the 4,478
jurisdiction of the board, including a fiscal accounting; 4,479
(9) Establish, to the extent resources are available, a 4,481
community support system, which provides for treatment, support, 4,482
and rehabilitation services and opportunities. The essential 4,483
elements of the system include, but are not limited to, the 4,484
following components in accordance with section 5119.06 of the 4,485
Revised Code: 4,486
(a) To locate persons in need of mental health services to 4,488
inform them of available services and benefits mechanisms; 4,489
(b) Assistance for clients to obtain services necessary to 4,491
meet basic human needs for food, clothing, shelter, medical care, 4,492
personal safety, and income; 4,493
(c) Mental health care, including but not limited to 4,495
outpatient, partial hospitalization, and, where appropriate, 4,497
inpatient care;
(d) Emergency services and crisis intervention; 4,499
(e) Assistance for clients to obtain vocational services 4,501
and opportunities for jobs; 4,502
(f) The provision of services designed to develop social, 4,504
community, and personal living skills; 4,505
(g) Access to a wide range of housing and the provision of 4,507
104
residential treatment and support; 4,508
(h) Support, assistance, consultation, and education for 4,510
families, friends, consumers of mental health services, and 4,511
others; 4,512
(i) Recognition and encouragement of families, friends, 4,514
neighborhood networks, especially networks that include racial 4,515
and ethnic minorities, churches, community organizations, and 4,516
meaningful employment as natural supports for consumers of mental 4,517
health services; 4,518
(j) Grievance procedures and protection of the rights of 4,520
consumers of mental health services; 4,521
(k) Case management, which includes continual 4,523
individualized assistance and advocacy to ensure that needed 4,524
services are offered and procured. 4,525
(10) Designate the treatment program, agency, or facility 4,528
for each person involuntarily committed to the board pursuant to 4,529
Chapter 5122. of the Revised Code and authorize payment for such 4,530
treatment. The board shall provide the least restrictive and 4,531
most appropriate alternative that is available for any person 4,532
involuntarily committed to it and shall assure that the services 4,533
listed in section 340.09 of the Revised Code are available to 4,534
severely mentally disabled persons residing within its service 4,535
district. The board shall establish the procedure for 4,536
authorizing payment for services, which may include prior 4,537
authorization in appropriate circumstances. The board may
provide for services directly to a severely mentally disabled 4,538
person when life or safety is endangered and when no community 4,539
mental health agency is available to provide the service. 4,540
(11) Establish a method for evaluating referrals for 4,543
involuntary commitment and affidavits filed pursuant to section 4,544
5122.11 of the Revised Code in order to assist the probate 4,545
division of the court of common pleas in determining whether 4,546
there is probable cause that a respondent is subject to
involuntary hospitalization and what alternative treatment is 4,547
105
available and appropriate, if any. 4,548
(12) Ensure that apartments or rooms built, subsidized, 4,551
renovated, rented, owned, or leased by the board or a community 4,552
mental health agency have been approved as meeting minimum fire 4,553
safety standards and that persons residing in the rooms or 4,554
apartments are receiving appropriate and necessary services, 4,555
including culturally relevant services, from a community mental 4,556
health agency. This division does not apply to residential 4,557
facilities licensed pursuant to section 5119.22 of the Revised 4,558
Code.
(13) Establish a mechanism for involvement of consumer 4,561
recommendation and advice on matters pertaining to mental health 4,562
services in the alcohol, drug addiction, and mental health 4,563
service district;
(14) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,565
5119.61 OF THE REVISED CODE, PROVIDE FOR A COMMUNITY MENTAL 4,566
HEALTH AGENCY TO PROVIDE THE FOLLOWING SERVICES TO AN INDIVIDUAL 4,568
APPLYING FOR RESIDENTIAL STATE SUPPLEMENTAL PAYMENTS UNDER 4,569
SECTION 173.35 OF THE REVISED CODE WHO IS REFERRED TO THE BOARD 4,570
UNDER DIVISION (D) OF THAT SECTION: 4,571
(a) A COMPREHENSIVE ASSESSMENT TO DETERMINE WHETHER THE 4,573
ENVIRONMENT IN WHICH THE INDIVIDUAL WILL LIVE WHILE RECEIVING THE 4,574
SUPPLEMENT IS APPROPRIATE FOR THE INDIVIDUAL'S NEEDS; 4,576
(b) IF THE AGENCY DETERMINES PURSUANT TO THE COMPREHENSIVE 4,578
ASSESSMENT THAT THE LIVING ENVIRONMENT IS APPROPRIATE FOR THE 4,579
INDIVIDUAL'S NEEDS, CERTIFICATION OF THAT DETERMINATION; 4,581
(c) ONGOING MONITORING TO ENSURE THE AVAILABILITY TO THE 4,583
INDIVIDUAL OF COMMUNITY SUPPORT SERVICES AND SERVICES PROVIDED 4,585
UNDER SECTION 340.09 OF THE REVISED CODE; 4,586
(d) DISCHARGE PLANNING TO ENSURE THE EARLIEST POSSIBLE 4,588
TRANSITION OF THE INDIVIDUAL TO A LESS RESTRICTIVE ENVIRONMENT; 4,589
(e) OTHER SERVICES THE BOARD DETERMINES APPROPRIATE. 4,591
(15) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 4,593
5119.61 OF THE REVISED CODE AND WITH THE BOARD'S COMMUNITY MENTAL 4,594
106
HEALTH PLAN, ENTER INTO AFFILIATION AGREEMENTS WITH ADULT CARE 4,595
FACILITIES LICENSED UNDER CHAPTER 3722. OF THE REVISED CODE OR 4,597
APPROVE AFFILIATION AGREEMENTS BETWEEN SUCH ADULT CARE FACILITIES 4,598
AND COMMUNITY MENTAL HEALTH AGENCIES. THE BOARD MAY NOT, AND A 4,599
COMMUNITY MENTAL HEALTH AGENCY UNDER CONTRACT WITH THE BOARD MAY 4,600
NOT, REFER A PERSON WITH MENTAL ILLNESS TO AN ADULT CARE FACILITY 4,601
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 4,602
AGENCY. EXCEPT IN AN EMERGENCY, NO COMMUNITY MENTAL HEALTH 4,603
AGENCY UNDER CONTRACT WITH THE BOARD MAY PROVIDE SERVICES TO A 4,604
PERSON WITH MENTAL ILLNESS WHO RESIDES IN AN ADULT CARE FACILITY 4,605
THAT DOES NOT HAVE AN AFFILIATION AGREEMENT WITH THE BOARD OR 4,606
AGENCY. IF AN ADULT CARE FACILITY IN THE BOARD'S ALCOHOL, DRUG 4,607
ADDICTION, AND MENTAL HEALTH SERVICE DISTRICT ACCEPTS A PERSON 4,608
WITH MENTAL ILLNESS WHO RESIDED IN ANOTHER SERVICE DISTRICT, THE 4,609
BOARD SHALL NOTIFY THE BOARD OF ALCOHOL, DRUG ADDICTION, AND 4,610
MENTAL HEALTH SERVICES OF THAT SERVICE DISTRICT. 4,611
(B) The board shall establish such rules, operating 4,613
procedures, standards, and bylaws, and perform such other duties 4,614
as may be necessary or proper to carry out the purposes of this 4,615
chapter. 4,616
(C) A board of alcohol, drug addiction and mental health 4,619
services may receive by gift, grant, devise, or bequest any 4,620
moneys, lands, or property for the benefit of the purposes for 4,621
which the board is established, and may hold and apply it 4,622
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest 4,624
shall be deposited in the treasury of the county, the treasurer 4,625
of which is custodian of the alcohol, drug addiction, and mental 4,626
health services funds to the credit of the board and shall be 4,627
available for use by the board for purposes stated by the donor 4,628
or grantor.
(D) No board member or employee of a board of alcohol, 4,630
drug addiction, and mental health services shall be liable for 4,631
injury or damages caused by any action or inaction taken within 4,632
107
the scope of his THE BOARD MEMBER'S official duties or THE 4,633
EMPLOYEE'S employment, whether or not such action or inaction is 4,634
expressly authorized by this section, section 340.033, or any 4,635
other section of the Revised Code, unless such action or inaction 4,636
constitutes willful or wanton misconduct. Chapter 2744. of the 4,637
Revised Code applies to any action or inaction by a board member 4,638
or employee of a board taken within the scope of the board 4,639
member's official duties or employee's employment. For the
purposes of this division, the conduct of a board member or 4,640
employee shall not be considered willful or wanton misconduct if 4,641
the board member or employee acted in good faith and in a manner 4,642
that the board member or employee reasonably believed was in or 4,644
was not opposed to the best interests of the board and, with 4,645
respect to any criminal action or proceeding, had no reasonable 4,646
cause to believe the conduct was unlawful. 4,647
(E) The meetings held by any committee established by a 4,649
board of alcohol, drug addiction, and mental health services 4,650
shall be considered to be meetings of a public body subject to 4,651
section 121.22 of the Revised Code. 4,652
Sec. 901.41. As used in this section and in section 901.42 4,662
of the Revised Code:
(A) "Director" means the director of agriculture or the 4,664
designee of the director of agriculture. 4,665
(B) "Exhibition" means a display of animals that is open 4,668
to the public.
(C) "National exhibition" means an exhibition where 4,670
species from fifteen or more states or nations are exhibited. 4,671
(D) "Nonprofit association" means any corporation, 4,673
society, partnership, or other organization formed under the laws 4,674
of this state or another state or nation providing for the 4,675
establishment and governance of nonprofit entities. 4,676
(E) "Ohio expositions center" means the property that is 4,679
held by this state for the purpose of conducting fairs, 4,680
expositions, and exhibits and that is maintained and managed by 4,681
108
the Ohio expositions commission under section 991.03 of the 4,682
Revised Code.
(F) "Premium awards" means money, ribbons, banners, 4,685
medals, achievement pins, trophies, or merchandise presented for 4,686
animals of superior quality. 4,687
(G) "Rental costs" means the costs associated with the 4,690
rental of the facilities, or a portion thereof, at the Ohio 4,691
expositions center, including, without limitation, grounds, 4,692
buildings, pens, animal feeding or watering equipment, and 4,693
tieouts. "Rental costs" also include INCLUDES labor costs 4,694
associated with set-up, tear-down, and security. 4,696
(H) "Species" means dairy cattle, beef cattle, swine, 4,698
RABBITS, POULTRY, and sheep. 4,699
Sec. 901.62. (A) The agricultural financing commission 4,708
shall consist of eight NINE members. Six of the members shall be 4,710
appointed by the governor with the advice and consent of the 4,711
senate. The director of agriculture, THE DIRECTOR OF 4,713
DEVELOPMENT, and the treasurer of state or, in their absence, 4,714
their designees, shall also be voting members of the commission. 4,715
Of the six appointed members, three shall have experience in 4,716
agriculture, and three shall have experience in agricultural 4,717
finance, including lending and loan servicing. No more than four 4,718
of the appointed members of the commission shall be of the same 4,719
political party. The speaker of the house of representatives and 4,720
the president of the senate shall each recommend to the governor 4,721
one person for consideration as one of the governor's 4,722
appointments. Terms of office for appointed members shall be for 4,723
six years commencing on the first day of February and ending on 4,724
the thirty-first day of January. Each member shall hold office 4,725
from the date of his appointment until the end of the term for 4,726
which he was appointed. Any member appointed to fill a vacancy 4,727
occurring prior to the expiration of the term for which his THE 4,728
MEMBER'S predecessor was appointed shall hold office for the 4,730
remainder of such THAT term. Any appointed member shall continue 4,732
109
in office subsequent to the expiration date of his THE MEMBER'S 4,733
term until his THE MEMBER'S successor takes office, or until a 4,734
period of sixty days has elapsed, whichever occurs first. Each 4,736
appointed member may be removed from office by the governor for 4,737
misfeasance, nonfeasance, or malfeasance in office, or for 4,738
failure to attend in person three consecutive meetings of the 4,739
agency COMMISSION.
(B) The director of agriculture shall be the chairman 4,741
CHAIRPERSON of the commission. The commission shall elect one of 4,743
its appointed members as vice-chairman VICE-CHAIRPERSON and such 4,744
other officers as it considers necessary, who need not be members 4,746
of the commission. Each appointed member of the commission shall 4,747
receive compensation at the rate of fifty dollars per commission 4,748
meeting attended in person, not to exceed a maximum of three 4,749
thousand dollars per year. All members shall be reimbursed for 4,750
their actual and necessary expenses incurred in the discharge of 4,751
their official duties. Members of the commission shall file with 4,752
the Ohio ethics commission the disclosure statement described in 4,753
division (A) of section 102.02 of the Revised Code on the form 4,754
prescribed by the Ohio ethics commission and subject to divisions 4,755
(C) and (D) of that section. 4,756
(C) Five members of the commission constitute a quorum, 4,758
and the affirmative vote of five members shall be necessary for 4,759
any action taken by the commission. No vacancy in membership of 4,760
the commission impairs the right of a quorum to exercise all the 4,761
rights and perform all the duties of the commission. Meetings of 4,762
the commission may be held at any place within the state. 4,763
Meetings of the commission, including notice of the place of 4,764
meetings, shall comply with section 121.22 of the Revised Code. 4,765
Sec. 901.63. (A) The agricultural financing commission 4,774
shall do both of the following until June 30, 1999 JULY 1, 2001: 4,776
(1) Make recommendations to the director of agriculture 4,778
about financial assistance applications made pursuant to sections 4,780
901.80 to 901.83 of the Revised Code. In making its 4,781
110
recommendations, the commission shall utilize criteria 4,782
established by rules adopted under division (A)(8)(b) of section 4,783
901.82 of the Revised Code. 4,784
(2) Advise the director in the administration of sections 4,786
901.80 to 901.83 of the Revised Code. 4,787
With respect to sections 901.80 to 901.83 of the Revised 4,790
Code, the role of the commission is solely advisory. No officer, 4,791
member, or employee of the commission is liable for damages in a 4,792
civil action for any injury, death, or loss to person or property 4,793
that allegedly arises out of purchasing any loan or providing a 4,794
loan guarantee, failure to purchase a loan or provide a loan 4,795
guarantee, or failure to take action under sections 901.80 to 4,796
901.83 of the Revised Code, or that allegedly arises out of any 4,797
act or omission of the department of agriculture that involves 4,798
those sections. 4,799
(B) The commission may: 4,801
(1) Adopt bylaws for the conduct of its business; 4,803
(2) Exercise all rights, powers, and duties conferred on 4,805
the commission as an issuer under Chapter 902. of the Revised 4,806
Code; 4,807
(3) Contract with, retain, or designate financial 4,809
consultants, accountants, and such other consultants and 4,810
independent contractors as the commission may determine to be 4,811
necessary or appropriate to carry out the purposes of this 4,812
chapter and to fix the terms of those contracts; 4,813
(4) Undertake and carry out or authorize the completion of 4,815
studies and analyses of agricultural conditions and needs within 4,816
the state relevant to the purpose of this chapter to the extent 4,817
not otherwise undertaken by other departments or agencies of the 4,818
state satisfactory for such purpose; 4,819
(5) Acquire by gift, purchase, foreclosure, or other 4,821
means, and hold, assign, pledge, lease, transfer, or otherwise 4,822
dispose of, real and personal property, or any interest in that 4,824
real and personal property, in the exercise of its powers and the 4,825
111
performance of its duties under this chapter and Chapter 902. of 4,826
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 4,828
financial or other form of aid from any federal, state, local, or 4,829
private agency or fund and enter into any contract with any such 4,830
agency or fund in connection therewith, and receive and accept 4,831
aid or contributions from any other source of money, property, 4,832
labor, or things of value, to be held, used, and applied only for 4,833
the purposes for which such grants and contributions are made, 4,834
all within the purposes of this chapter and Chapter 902. of the 4,835
Revised Code; 4,836
(7) Sue and be sued in its own name with respect to its 4,838
contracts or to enforce this chapter or its obligations or 4,839
covenants made under this chapter and Chapter 902. of the Revised 4,840
Code; 4,841
(8) Make and enter into all contracts, commitments, and 4,843
agreements, and execute all instruments necessary or incidental 4,844
to the performance of its duties and the execution of its powers 4,845
under this chapter and Chapter 902. of the Revised Code; 4,846
(9) Adopt an official seal; 4,848
(10) Do any and all things necessary or appropriate to 4,850
carry out the public purposes and exercise the powers granted to 4,851
the commission in this chapter and Chapter 902. of the Revised 4,852
Code and the public purposes of Section 13 of Article VIII, Ohio 4,853
Constitution. 4,854
Sec. 1155.07. Every savings and loan association organized 4,863
under the laws of this state shall make, as of the thirty-first 4,864
day of December and the thirtieth day of June of each year, a 4,865
report of the affairs and business of the association for the 4,866
preceding half year, showing its financial condition at the end 4,867
thereof. The statement as of the thirty-first day of December 4,868
shall be the annual statement of the association. The 4,869
superintendent of savings and loan associations FINANCIAL 4,870
INSTITUTIONS may also require monthly reports. 4,871
112
The superintendent may, by written order mailed to the 4,873
managing officer of such an association, require any association 4,874
to submit to him THE SUPERINTENDENT within a reasonable time 4,875
specified in the written order a report concerning its real 4,876
estate and other assets, other than the appraisals required by 4,877
section 1151.54 of the Revised Code. 4,878
Any such association refusing or neglecting to file any 4,880
report required by this section within the time specified shall 4,881
forfeit one hundred dollars for every day that such default 4,882
continues unless such penalty, in whole or in part, is waived by 4,883
the superintendent. The superintendent may maintain an action in 4,884
the name of the state to recover such forfeiture which, upon its 4,885
collection, shall be paid into the state treasury to the credit 4,886
of the division of savings and loan associations INSTITUTIONS 4,888
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE.
Every such association shall maintain adequate, complete, 4,890
and correct accounts and shall observe such generally accepted 4,891
accounting principles and practices or generally accepted 4,892
auditing standards, as the superintendent prescribes. The 4,893
superintendent shall demand once a year, and at the expense of 4,894
the association, that its accounts be audited by an independent 4,895
auditor. A copy of the audit report shall be submitted to the 4,896
board of directors of the association and filed, together with 4,897
management's reponse, with the superintendent within thirty days 4,898
after presentation of the completed report to the board or not 4,899
later than the thirty-first day of March of the year next 4,900
succeeding the year for which the audit was conducted, whichever 4,901
occurs first, unless the time is extended by the superintendent. 4,902
At the conclusion of his THE audit of an association, an 4,904
independent auditor shall attend a meeting at which there are 4,905
present only the outside directors of the association or a 4,906
committee comprised of and appointed by such outside directors 4,907
and fully disclose at that time to those directors all audit 4,908
exceptions that developed during the audit and all relevant data 4,909
113
and information concerning the financial condition, investment 4,910
practices, and other financial policies and procedures of the 4,911
association. The meeting shall be held at a time and place that 4,912
is agreed upon by the independent auditor and the outside 4,913
directors or their committee. A complete record of the 4,914
proceedings of the meeting shall be kept in a minute book that is 4,915
maintained solely for the purpose of keeping such records. 4,916
Nothing in this paragraph shall be construed to prevent the 4,917
independent auditor from meeting at other times with inside 4,918
directors, officers, or employees of the association. 4,919
The superintendent may prescribe a schedule for the 4,921
preservation and destruction of books, records, certificates, 4,922
documents, reports, correspondence, and other instruments, 4,923
papers, and writings of such an association, even if such 4,924
association has been liquidated pursuant to law. An association 4,925
may dispose of any books, records, certificates, documents, 4,926
reports, correspondence, and other instruments, papers, and 4,927
writings which have been retained or preserved for the period 4,928
prescribed by the superintendent pursuant to this paragraph. The 4,929
requirements of this paragraph may be complied with by the 4,930
preservation of records in the manner prescribed in section 4,931
2317.41 of the Revised Code. 4,932
Sec. 1155.10. Whenever the superintendent of building and 4,941
loan associations FINANCIAL INSTITUTIONS considers it necessary, 4,943
he THE SUPERINTENDENT may make a special examination of any 4,944
building SAVINGS and loan association, and the expense of such 4,945
THE examination shall be paid by such THE association. Such 4,946
expenses shall be collected by the superintendent and paid into 4,948
the state treasury to the credit of the division of building and 4,949
loan associations SAVINGS INSTITUTIONS fund ESTABLISHED UNDER 4,950
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 4,952
superintendent otherwise than in the ordinary routine of his THE 4,953
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 4,954
opinion, the condition of the association requires such
114
examination, is a special examination within the meaning of this 4,955
section.
Sec. 1155.13. (A)(1) Each savings and loan association 4,964
subject to inspection and examination by the superintendent of 4,965
financial institutions and transacting business in this state as 4,966
of the thirty-first day of December of the prior fiscal year, or 4,967
the savings and loan association's successor in interest, shall 4,968
pay annual assessments to the superintendent as provided in this 4,969
section.
(2) After determining the budget of the division of 4,971
financial institutions for examination and regulation of savings 4,972
and loan associations, but prior to establishing the annual 4,973
assessment amount necessary to fund that budget, the
superintendent shall include any amounts collected but not yet 4,974
expended or encumbered by the superintendent in the previous 4,975
fiscal year's budget and remaining in the building and loan 4,976
associations SAVINGS INSTITUTIONS fund from the amount to be 4,977
assessed. Based upon the resulting budget amount, the 4,978
superintendent shall make an assessment upon each savings and 4,979
loan association based on the total assets as shown on the books 4,980
of the savings and loan association as of the thirty-first day of 4,981
December of the previous fiscal year. The assessments shall be 4,982
collected on an annual or periodic basis within the fiscal year, 4,983
as determined by the superintendent.
(3) A savings and loan association authorized by the 4,985
superintendent to commence business in the period between 4,986
assessments shall pay the actual reasonable costs of the 4,987
division's examinations and visitations.
(B) Assessments and fees charged pursuant to this section 4,989
shall be paid within fourteen days after receiving an invoice for 4,990
payment of the assessment or fee. 4,991
Any assessment or fee collected is not refundable. 4,993
(C) The superintendent shall pay all assessments and fees 4,995
charged pursuant to this section and all forfeitures required to 4,996
115
be paid to the superintendent into the state treasury to the 4,997
credit of the building and loan associations SAVINGS INSTITUTIONS 4,998
fund ESTABLISHED UNDER SECTION 1181.18 OF THE REVISED CODE. 4,999
(D) Any money deposited into the state treasury to the 5,001
credit of the building and loan associations SAVINGS INSTITUTIONS 5,002
fund, but not expended or encumbered by the superintendent to 5,004
defray the costs of administering Chapter CHAPTERS 1151. to 1157. 5,006
of the Revised Code, shall remain in the building and loan
associations SAVINGS INSTITUTIONS fund for expenditures by the 5,007
superintendent in subsequent years in the administration of 5,009
Chapters 1151. to 1157. of the Revised Code.
Sec. 1163.09. (A) Every savings bank organized under the 5,018
laws of this state, as of the thirty-first day of December and 5,019
the thirtieth day of June of each year, shall make a report of 5,020
the affairs and business of the savings bank for the preceding 5,021
half year, showing its financial condition at the end thereof. 5,022
The statement as of the thirty-first day of December shall be the 5,023
annual statement of the savings bank. The superintendent of 5,024
savings banks FINANCIAL INSTITUTIONS may also require monthly 5,025
reports. 5,026
(B) The superintendent, by written order mailed to the 5,028
managing officer of a savings bank, may require any savings bank 5,029
to submit to him THE SUPERINTENDENT within a reasonable time 5,030
specified in the written order a report concerning its real 5,032
estate and other assets, other than the appraisals required by 5,033
section 1161.81 of the Revised Code. 5,034
(C) Any savings bank refusing or neglecting to file any 5,036
report required by this section within the time specified shall 5,037
forfeit one hundred dollars for every day that the default 5,038
continues unless the penalty, in whole or in part, is waived by 5,039
the superintendent. The superintendent may maintain an action in 5,040
the name of the state to recover the forfeiture which, upon its 5,041
collection, shall be paid into the state treasury to the credit 5,042
of the division of savings banks INSTITUTIONS fund ESTABLISHED 5,044
116
UNDER SECTION 1181.18 OF THE REVISED CODE.
(D) Every savings bank shall maintain adequate, complete, 5,046
and correct accounts and shall observe such generally accepted 5,047
accounting principles and practices or generally accepted 5,048
auditing standards, as the superintendent prescribes. The 5,049
superintendent shall demand once a year, and at the expense of 5,050
the savings bank, that its accounts be audited by an independent 5,051
auditor. A copy of the audit report shall be submitted to the 5,052
board of directors of the savings bank and filed, together with 5,053
management's reponse, with the superintendent within thirty days 5,054
after presentation of the completed report to the board or not 5,055
later than the thirty-first day of March of the year next 5,056
succeeding the year for which the audit was conducted, whichever 5,057
occurs first, unless the time is extended by the superintendent. 5,058
(E) At the conclusion of his THE audit of a savings bank, 5,060
an independent auditor shall attend a meeting at which there are 5,061
present only the outside directors of the savings bank or a 5,062
committee composed of and appointed by the outside directors and 5,063
fully disclose at that time to those directors all audit 5,064
exceptions that developed during the audit and all relevant data 5,065
and information concerning the financial condition, investment 5,066
practices, and other financial policies and procedures of the 5,067
savings bank. The meeting shall be held at a time and place that 5,068
is agreed upon by the independent auditor and the outside 5,069
directors or their committee. A complete record of the 5,070
proceedings of the meeting shall be kept in a minute book that is 5,071
maintained solely for the purpose of keeping these records. 5,072
Nothing in this division shall be construed to prevent the 5,073
independent auditor from meeting at other times with inside 5,074
directors, officers, or employees of the savings bank. 5,075
(F) The superintendent may prescribe a schedule for the 5,077
preservation and destruction of books, records, certificates, 5,078
documents, reports, correspondence, and other instruments, 5,079
papers, and writings of a savings bank, even if the savings bank 5,080
117
has been liquidated pursuant to law. A savings bank may dispose 5,081
of any books, records, certificates, documents, reports, 5,082
correspondence, and other instruments, papers, and writings that 5,083
have been retained or preserved for the period prescribed by the 5,084
superintendent pursuant to this division. The requirements of 5,085
this division may be complied with by the preservation of records 5,086
in the manner prescribed in section 2317.41 of the Revised Code. 5,087
Sec. 1163.13. Whenever the superintendent of savings banks 5,096
FINANCIAL INSTITUTIONS considers it necessary, he THE 5,097
SUPERINTENDENT may make a special examination of any savings 5,099
bank, and the expense of the examination shall be paid by the 5,100
savings bank. These moneys shall be collected by the 5,101
superintendent and paid into the state treasury to the credit of 5,102
the division of savings banks INSTITUTIONS fund ESTABLISHED UNDER 5,103
SECTION 1181.18 OF THE REVISED CODE. Any examination made by the 5,104
superintendent otherwise than in the ordinary routine of his THE 5,105
SUPERINTENDENT'S duties and because, in his THE SUPERINTENDENT'S 5,106
opinion, the condition of the savings bank requires the
examination, is a special examination within the meaning of this 5,107
section.
Sec. 1163.16. (A)(1) Each savings bank subject to 5,117
inspection and examination by the superintendent of financial
institutions and transacting business in this state as of the 5,118
thirty-first day of December of the prior fiscal year, or the 5,119
savings bank's successor in interest, shall pay annual 5,120
assessments to the superintendent as provided in this section. 5,121
(2) After determining the budget of the division of 5,123
financial institutions for examination and regulation of savings 5,124
banks, but prior to establishing the annual assessment amount 5,125
necessary to fund that budget, the superintendent shall include 5,126
any amounts collected but not yet expended or encumbered by the 5,127
superintendent in the previous fiscal year's budget and remaining 5,128
in the savings banks INSTITUTIONS fund from the amount to be 5,129
assessed. Based upon the resulting budget amount, the
118
superintendent shall make an assessment upon each savings bank 5,130
based on the total assets as shown on the books of the savings 5,131
bank as of the thirty-first day of December of the previous 5,132
fiscal year. The assessments shall be collected on an annual or 5,133
periodic basis within the fiscal year, as determined by the 5,134
superintendent.
(3) A savings bank authorized by the superintendent to 5,136
commence business in the period between assessments shall pay the 5,137
actual reasonable costs of the division's examinations and 5,138
visitations.
(B) Assessments and fees charged pursuant to this section 5,140
shall be paid within fourteen days after receiving an invoice for 5,141
payment of the assessment or fee. 5,142
Any assessment or fee collected is not refundable. 5,144
(C) The superintendent shall pay all assessments and fees 5,146
charged pursuant to this section and all forfeitures required to 5,147
be paid to the superintendent into the state treasury to the 5,148
credit of the savings banks INSTITUTIONS fund ESTABLISHED UNDER 5,149
SECTION 1181.18 OF THE REVISED CODE. 5,150
(D) Any money deposited into the state treasury to the 5,152
credit of the savings banks INSTITUTIONS fund, but not expended 5,153
or encumbered by the superintendent to defray the costs of 5,155
administering Chapters 1161. to 1165. of the Revised Code, shall 5,156
remain in the savings banks INSTITUTIONS fund for expenditures by 5,157
the superintendent in subsequent years in the administration of 5,158
Chapters 1161. to 1165. of the Revised Code.
Sec. 1181.06. There is hereby created in the state 5,167
treasury the financial institutions fund. The fund shall receive 5,169
assessments on the banks fund established under section 1125.28 5,170
of the Revised Code, the building and loan associations fund 5,171
established under section 1155.131 of the Revised Code, the 5,173
savings bank INSTITUTIONS fund established under section 1163.17 5,174
1181.18 of the Revised Code, the credit unions fund established 5,176
under section 1733.321 of the Revised Code, and the consumer 5,177
119
finance fund established under section 1321.21 of the Revised 5,179
Code in accordance with procedures prescribed by the 5,180
superintendent of financial institutions and approved by the 5,181
director of budget and management. Such assessments shall be in 5,182
addition to any assessments on these funds required under 5,183
division (G) of section 121.08 of the Revised Code. All 5,185
operating expenses of the division of financial institutions 5,186
shall be paid from the financial institutions fund. 5,187
Sec. 1181.18. THERE IS HEREBY CREATED IN THE STATE 5,189
TREASURY THE SAVINGS INSTITUTIONS FUND. 5,190
THE SAVINGS INSTITUTIONS FUND SHALL BE ASSESSED A 5,193
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DEPARTMENT 5,194
OF COMMERCE AND THE DIVISION OF FINANCIAL INSTITUTIONS. THE 5,195
PROPORTIONATE SHARE OF THE ADMINISTRATIVE COSTS OF THE DIVISION
OF FINANCIAL INSTITUTIONS SHALL BE DETERMINED IN ACCORDANCE WITH 5,196
PROCEDURES PRESCRIBED BY THE SUPERINTENDENT OF FINANCIAL 5,197
INSTITUTIONS AND APPROVED BY THE DIRECTOR OF BUDGET AND 5,199
MANAGEMENT. SUCH ASSESSMENT SHALL BE PAID FROM THE SAVINGS 5,200
INSTITUTIONS FUND TO THE DIVISION OF ADMINISTRATION FUND OR THE 5,201
FINANCIAL INSTITUTIONS FUND.
AN AMOUNT EQUAL TO THE APPROPRIATION FROM THE SAVINGS 5,203
INSTITUTIONS FUND SHALL BE TRANSFERRED TO THE FUND FROM THE 5,204
GENERAL REVENUE FUND BY THE DIRECTOR OF BUDGET AND MANAGEMENT. 5,205
ALL FEES, ASSESSMENTS, CHARGES, AND FORFEITURES COLLECTED UNDER 5,207
CHAPTERS 1151., 1155., 1161., AND 1163. OF THE REVISED CODE SHALL
BE PAID BY THE SUPERINTENDENT INTO THE STATE TREASURY TO THE 5,208
CREDIT OF THE SAVINGS INSTITUTIONS FUND. SUCH MONEYS SHALL BE 5,210
UTILIZED TO REIMBURSE IN FULL DURING THE SAME FISCAL YEAR THE 5,211
GENERAL REVENUE FUND FOR MONEYS TRANSFERRED TO THE SAVINGS 5,212
INSTITUTIONS FUND. ANY MONEYS PAID TO THE SUPERINTENDENT 5,213
PURSUANT TO CHAPTERS 1151., 1155., 1161., AND 1163. OF THE 5,214
REVISED CODE BUT NOT EXPENDED OR ENCUMBERED BY THE SUPERINTENDENT
EITHER TO REIMBURSE THE GENERAL REVENUE FUND OR TO DEFRAY THE 5,215
COSTS OF REGULATING SAVINGS AND LOAN ASSOCIATIONS AND SAVINGS 5,216
120
BANKS SHALL REMAIN IN THE SAVINGS INSTITUTIONS FUND FOR 5,217
EXPENDITURE BY THE SUPERINTENDENT IN SUBSEQUENT YEARS. 5,218
Sec. 1309.401. Four THROUGH JUNE 30, 2001, FOUR dollars 5,228
AND FIFTY CENTS, AND, ON AND AFTER JULY 1, 2001, FOUR DOLLARS, of 5,229
each fee collected by the secretary of state under sections 5,231
1309.42 and 1309.43 and divisions (E) and (H) of section 1309.40 5,232
of the Revised Code, and all of the fees collected by the 5,233
secretary of state under section 1309.402 of the Revised Code, 5,234
shall be deposited in the state treasury to the credit of the 5,235
corporate and uniform commercial code filing fund, which is 5,236
hereby created. The remainder of each such fee shall be
deposited in the general revenue fund. All moneys credited to 5,237
the corporate and uniform commercial code filing fund shall be 5,238
used only for the purpose of paying for expenses relating to the 5,239
processing of filings under Title XVII and Chapter 1329. of the 5,240
Revised Code and the uniform commercial code.
Sec. 1501.01. Except where otherwise expressly provided, 5,249
the director of natural resources shall formulate and institute 5,250
all the policies and programs of the department of natural 5,251
resources. The chief of any division of the department shall not 5,252
enter into any contract, agreement, or understanding unless it is 5,253
approved by the director. 5,254
The director shall correlate and coordinate the work and 5,256
activities of the divisions in his THE department to eliminate 5,257
unnecessary duplications of effort and overlapping of functions. 5,258
The chiefs of the various divisions of the department shall meet 5,259
with the director at least once each month at a time and place 5,260
designated by the director. 5,261
The director may create advisory boards to any of those 5,263
divisions in conformity with section 121.13 of the Revised Code. 5,264
The director may accept and expend gifts, devises, and 5,266
bequests of money, lands, and other properties on behalf of the 5,267
department or any division thereof under the terms set forth in 5,268
section 9.20 of the Revised Code. Any political subdivision of 5,269
121
this state may make contributions to the department for the use 5,270
of the department or any division therein according to the terms 5,271
of the contribution. 5,272
The director may publish and sell or otherwise distribute 5,274
data, reports, and information. 5,275
The director shall adopt rules in accordance with Chapter 5,277
119. of the Revised Code to permit the department to accept by 5,278
means of a credit card the payment of fees, charges, and rentals 5,279
at those facilities described in section 1501.07 of the Revised 5,280
Code that are operated by the department, for any data, reports, 5,281
or information sold by the department, and for any other goods or 5,282
services provided by the department. 5,283
Whenever authorized by the governor to do so, the director 5,285
may appropriate property for the uses and purposes authorized to 5,286
be performed by the department and on behalf of any division 5,287
within the department. This authority shall be exercised in the 5,288
manner provided in sections 163.01 to 163.22 of the Revised Code 5,289
for the appropriation of property by the director of 5,290
administrative services. This authority to appropriate property 5,291
is in addition to the authority provided by law for the 5,292
appropriation of property by divisions of the department. The 5,293
director of natural resources also may acquire by purchase, 5,294
lease, or otherwise such real and personal property rights or 5,295
privileges in the name of the state as are necessary for the 5,296
purposes of the department or any division therein. The 5,297
director, with the approval of the governor and the attorney 5,298
general, may sell, lease, or exchange portions of lands or 5,299
property, real or personal, of any division of the department or 5,300
grant easements or licenses for the use thereof, or enter into 5,301
agreements for the sale of water from lands and waters under the 5,302
administration or care of the department or any of its divisions, 5,303
when the sale, lease, exchange, easement, agreement, or license 5,304
for use is advantageous to the state, provided that such approval 5,305
is not required for leases and contracts made under sections 5,306
122
SECTION 1507.12, IF ANY, OR SECTION 1501.07, 1501.09, 1507.12, or 5,308
1520.03 or Chapter 1523. of the Revised Code. Water may be sold 5,309
from a reservoir only to the extent that the reservoir was 5,310
designed to yield a supply of water for a purpose other than 5,311
recreation or wildlife, and the water sold is in excess of that 5,312
needed to maintain the reservoir for purposes of recreation or 5,313
wildlife.
Money received from such sales, leases, easements, 5,315
exchanges, agreements, or licenses for use, except revenues 5,316
required to be set aside or paid into depositories or trust funds 5,317
for the payment of bonds issued under sections 1501.12 to 1501.15 5,318
of the Revised Code, and to maintain the required reserves 5,319
therefor as provided in the orders authorizing the issuance of 5,320
such bonds or the trust agreements securing such bonds, revenues 5,321
required to be paid and credited pursuant to the bond proceeding 5,322
applicable to obligations issued pursuant to section 154.22, and 5,323
revenues generated under section 1520.05 of the Revised Code, 5,324
shall be deposited in the state treasury to the credit of the 5,325
fund of the division of the department having prior jurisdiction 5,326
over the lands or property. If no such fund exists, the money 5,327
shall be credited to the general revenue fund. All such money 5,328
received from lands or properties administered by the division of 5,329
wildlife shall be credited to the wildlife fund. 5,330
The director shall provide for the custody, safekeeping, 5,332
and deposit of all moneys, checks, and drafts received by the 5,333
department or its employees prior to paying them to the treasurer 5,334
of state under section 113.08 of the Revised Code. 5,335
The director shall cooperate with the nature conservancy, 5,337
other nonprofit organizations, and the United States fish and 5,338
wildlife service in order to secure protection of islands in the 5,339
Ohio river and the wildlife and wildlife habitat of those 5,340
islands. 5,341
Sec. 1501.25. (A) THERE IS HEREBY CREATED THE MUSKINGUM 5,344
RIVER ADVISORY COUNCIL CONSISTING OF THE FOLLOWING MEMBERS: 5,346
123
(1) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM 5,348
EACH PARTY TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF 5,349
REPRESENTATIVES AFTER CONFERRING WITH THE MINORITY LEADER OF THE 5,350
HOUSE, AND TWO MEMBERS OF THE SENATE, ONE FROM EACH PARTY TO BE 5,351
APPOINTED BY THE PRESIDENT OF THE SENATE AFTER CONFERRING WITH 5,352
THE MINORITY LEADER OF THE SENATE; 5,353
(2) FOUR PERSONS INTERESTED IN THE DEVELOPMENT OF 5,355
RECREATIONAL AND COMMERCIAL USES OF THE MUSKINGUM RIVER, TO BE 5,356
APPOINTED BY THE GOVERNOR; 5,357
(3) TWO REPRESENTATIVES OF THE DEPARTMENT OF NATURAL 5,359
RESOURCES TO BE APPOINTED BY THE DIRECTOR OF NATURAL RESOURCES, 5,360
ONE REPRESENTATIVE OF THE DEPARTMENT OF DEVELOPMENT TO BE 5,361
APPOINTED BY THE DIRECTOR OF DEVELOPMENT, ONE REPRESENTATIVE OF 5,362
THE ENVIRONMENTAL PROTECTION AGENCY TO BE APPOINTED BY THE 5,363
DIRECTOR OF ENVIRONMENTAL PROTECTION, ONE REPRESENTATIVE OF THE 5,364
DEPARTMENT OF TRANSPORTATION TO BE APPOINTED BY THE DIRECTOR OF 5,365
TRANSPORTATION, AND ONE REPRESENTATIVE OF THE OHIO HISTORICAL 5,366
SOCIETY TO BE APPOINTED BY THE DIRECTOR OF THE SOCIETY; 5,367
(4) TWELVE PERSONS TO BE APPOINTED FROM THE FOUR COUNTIES 5,369
THROUGH WHICH THE MUSKINGUM RIVER FLOWS, WHO SHALL BE APPOINTED 5,371
IN THE FOLLOWING MANNER. THE BOARD OF COUNTY COMMISSIONERS OF 5,372
COSHOCTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 5,373
CITY OF COSHOCTON SHALL APPOINT ONE MEMBER. THE BOARD OF COUNTY 5,374
COMMISSIONERS OF MUSKINGUM COUNTY SHALL APPOINT TWO MEMBERS, AND 5,375
THE MAYOR OF THE CITY OF ZANESVILLE SHALL APPOINT ONE MEMBER. 5,376
THE BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY SHALL APPOINT 5,378
TWO MEMBERS, AND THE MAYOR OF THE CITY OF MCCONNELSVILLE SHALL 5,379
APPOINT ONE MEMBER. THE BOARD OF COUNTY COMMISSIONERS OF 5,381
WASHINGTON COUNTY SHALL APPOINT TWO MEMBERS, AND THE MAYOR OF THE 5,382
CITY OF MARIETTA SHALL APPOINT ONE MEMBER.
(5) ONE MEMBER REPRESENTING THE MUSKINGUM WATERSHED 5,384
CONSERVANCY DISTRICT, TO BE APPOINTED BY THE BOARD OF DIRECTORS 5,385
OF THE DISTRICT. 5,386
MEMBERS SHALL SERVE AT THE PLEASURE OF THEIR APPOINTING 5,388
124
AUTHORITY. VACANCIES SHALL BE FILLED IN THE MANNER OF THE 5,389
ORIGINAL APPOINTMENT. 5,390
THE COUNCIL BIENNIALLY SHALL ELECT FROM AMONG ITS MEMBERS A 5,393
CHAIRPERSON AND A VICE-CHAIRPERSON. ONE OF THE REPRESENTATIVES 5,395
OF THE DEPARTMENT OF NATURAL RESOURCES SHALL SERVE AS SECRETARY 5,396
OF THE COUNCIL UNLESS A MAJORITY OF THE MEMBERS ELECT ANOTHER 5,397
MEMBER TO THAT POSITION. THE COUNCIL SHALL MEET AT LEAST ONCE 5,399
EACH YEAR FOR THE PURPOSE OF TAKING TESTIMONY FROM RESIDENTS OF 5,401
THE MUSKINGUM RIVER AREA, USERS OF THE RIVER AND ADJACENT LANDS, 5,402
AND THE GENERAL PUBLIC AND MAY HOLD ADDITIONAL MEETINGS AT THE 5,403
CALL OF THE CHAIRPERSON. 5,404
THE CHAIRPERSON MAY APPOINT MEMBERS OF THE COUNCIL AND 5,407
OTHER PERSONS TO COMMITTEES AND STUDY GROUPS AS NEEDED. 5,408
THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL 5,410
ASSEMBLY, THE GOVERNOR, AND THE DIRECTOR OF NATURAL RESOURCES. 5,411
THE REPORT SHALL INCLUDE, WITHOUT LIMITATION, A DESCRIPTION OF 5,412
THE CONDITIONS OF THE MUSKINGUM RIVER AREA, A DISCUSSION OF THE 5,413
COUNCIL'S ACTIVITIES, ANY RECOMMENDATIONS FOR ACTIONS BY THE 5,415
GENERAL ASSEMBLY OR ANY STATE AGENCY THAT THE COUNCIL DETERMINES 5,417
ARE NEEDED, AND ESTIMATES OF THE COSTS OF THOSE RECOMMENDATIONS. 5,418
THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE STAFF 5,420
ASSISTANCE TO THE COUNCIL AS NEEDED. 5,421
(B) THE COUNCIL MAY DO ANY OF THE FOLLOWING: 5,423
(1) PROVIDE COORDINATION AMONG POLITICAL SUBDIVISIONS, 5,425
STATE AGENCIES, AND FEDERAL AGENCIES INVOLVED IN DREDGING, DEBRIS 5,426
REMOVAL OR DISPOSAL, AND RECREATIONAL, COMMERCIAL, TOURISM, AND 5,428
ECONOMIC DEVELOPMENT;
(2) PROVIDE AID TO CIVIC GROUPS AND INDIVIDUALS WHO WANT 5,430
TO MAKE IMPROVEMENTS TO THE MUSKINGUM RIVER IF THE COUNCIL 5,431
DETERMINES THAT THE IMPROVEMENTS WOULD BE BENEFICIAL TO THE 5,432
RESIDENTS OF THE AREA AND TO THE STATE; 5,433
(3) PROVIDE INFORMATION AND PLANNING AID TO STATE AND 5,435
LOCAL AGENCIES RESPONSIBLE FOR HISTORIC, COMMERCIAL, AND 5,436
RECREATIONAL DEVELOPMENT OF THE MUSKINGUM RIVER AREA, INCLUDING 5,437
125
WITHOUT LIMITATION, SUGGESTIONS AS TO PRIORITIES FOR PENDING 5,439
MUSKINGUM RIVER PROJECTS OF THE DEPARTMENT OF NATURAL RESOURCES;
(4) PROVIDE UPDATED INFORMATION TO THE UNITED STATES ARMY 5,442
CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL RESOURCES, AND THE 5,443
MUSKINGUM CONSERVANCY DISTRICT ESTABLISHED UNDER CHAPTER 6101. OF 5,446
THE REVISED CODE CONCERNING POTENTIAL HAZARDS TO FLOOD CONTROL OR 5,448
NAVIGATION, EROSION PROBLEMS, DEBRIS ACCUMULATION, AND
DETERIORATION OF LOCKS OR DAMS. 5,449
Sec. 1507.01. There is hereby created in the department of 5,458
natural resources the division of engineering to be administered 5,459
by the chief engineer of the department, who shall be a 5,460
professional engineer registered under Chapter 4733. of the 5,461
Revised Code. The chief engineer shall do all of the following: 5,462
(A) Administer this chapter; 5,464
(B) Provide engineering, architectural, land surveying, 5,466
and related administrative and maintenance support services to 5,467
the other divisions in the department; 5,468
(C) Upon request of the director of natural resources, 5,470
implement the department's capital improvement program and 5,471
facility maintenance projects, including all associated 5,472
engineering, architectural, design, contracting, surveying, 5,473
inspection, and management responsibilities and requirements; 5,474
(D) With the approval of the director, act as contracting 5,476
officer in departmental engineering, architectural, surveying, 5,477
and construction matters regarding capital improvements except 5,478
for those matters otherwise specifically provided for in law; 5,479
(E) Administer AS LONG AS THE STATE RETAINS OWNERSHIP OF 5,481
THE BURR OAK WATER SYSTEM, ADMINISTER, operate, and maintain the 5,483
Burr Oak water system and, with the approval of the director, act 5,484
as contracting agent in matters concerning that system; 5,485
(F) Provide engineering support for the coastal management 5,487
program established under Chapter 1506. of the Revised Code; 5,488
(G) Coordinate the department's roadway maintenance 5,490
program with the department of transportation pursuant to section 5,491
126
5511.05 of the Revised Code and maintain the roadway inventory of 5,492
the department of natural resources; 5,493
(H) Coordinate the department's emergency response 5,495
activities with the emergency management agency created in 5,496
section 5915.02 5502.22 of the Revised Code; 5,497
(I) Coordinate the department's projects, programs, 5,499
policies, procedures, and activities with the United States army 5,500
corps of engineers; 5,501
(J) Subject to the approval of the director, employ 5,503
professional and technical assistants and such other employees as 5,504
are necessary for the performance of the activities required or 5,505
authorized under this chapter, other work of the division, and 5,506
any other work agreed to under working agreements or contractual 5,507
arrangements; prescribe their duties; and fix their compensation 5,508
in accordance with such schedules as are provided by law for the 5,509
compensation of state employees. 5,510
Sec. 1507.12. The chief engineer of the department of 5,519
natural resources shall adopt, and may amend and rescind, rules 5,520
in accordance with Chapter 119. of the Revised Code specifying 5,521
requirements and procedures for the provision of water service to 5,522
water users and establishing a rate schedule, including related 5,523
water service fees and late payment penalties, for the sale of 5,524
water from the Burr Oak water system sufficient to meet the 5,525
capital improvement and operating expenses of the system. The 5,526
revenue derived from the sale of the water shall be deposited 5,527
into the Burr Oak water system fund, which is hereby created in 5,528
the state treasury. All investment earnings of the fund shall be 5,529
credited to the fund. Money in the fund shall be used to pay the 5,530
capital improvement and operating expenses of the Burr Oak water
system. The chief engineer may enter into contracts with the 5,531
Ohio water development authority, pursuant to Chapter 6121. of 5,532
the Revised Code, to meet the capital improvement expenses of the 5,533
Burr Oak water system.
THE PROVISIONS OF THIS SECTION APPLY ONLY AS LONG AS THE 5,535
127
STATE RETAINS OWNERSHIP OF THE BURR OAK WATER SYSTEM AND CEASE TO 5,536
APPLY IF OWNERSHIP OF THE BURR OAK WATER SYSTEM IS TRANSFERRED 5,537
FROM THE STATE. 5,538
For the purposes of this chapter, "Burr Oak water system" 5,540
means the Burr Oak water treatment plant and its transmission 5,541
lines, storage tanks, and other appurtenances. 5,542
Sec. 1509.02. There is hereby created in the department of 5,551
natural resources the division of oil and gas, which shall be 5,552
administered by the chief of the division of oil and gas. 5,553
The chief shall not hold any other public office, nor shall 5,555
he THE CHIEF be engaged in any occupation or business that might 5,556
interfere with or be inconsistent with his THE duties as chief. 5,557
All moneys collected by the chief pursuant to sections 5,559
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222, 5,560
NINETY PER CENT OF MONEYS RECEIVED BY THE TREASURER OF STATE FROM 5,561
THE TAX LEVIED IN DIVISIONS (A)(5) AND (6) OF SECTION 5749.02, 5,562
all civil penalties paid under section 1509.33, and, 5,564
notwithstanding any section of the Revised Code relating to the 5,565
distribution or crediting of fines for violations of the Revised 5,566
Code, all fines imposed under divisions (A) and (B) of section 5,567
1509.99 of the Revised Code and fines imposed under divisions (C) 5,568
and (D) of section 1509.99 of the Revised Code for all violations 5,569
prosecuted by the attorney general and for violations prosecuted 5,570
by prosecuting attorneys that do not involve the transportation 5,571
of brine by vehicle shall be deposited into the state treasury to 5,572
the credit of the oil and gas permit WELL fund, which is hereby 5,573
created. Fines imposed under divisions (C) and (D) of section 5,574
1509.99 of the Revised Code for violations prosecuted by 5,575
prosecuting attorneys that involve the transportation of brine by 5,576
vehicle shall be paid to the county treasury of the county where 5,577
the violation occurred.
The fund shall be used only FOR THE PURPOSES ENUMERATED IN 5,579
DIVISION (B) OF SECTION 1509.071 OF THE REVISED CODE, for the 5,580
expenses of the division associated with the administration of 5,581
128
the "Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 5,582
3301, and FOR the division's other functions. The expenses of 5,583
the division in excess of the moneys available in the fund shall 5,584
be paid from general revenue fund appropriations to the 5,585
department.
Sec. 1509.071. (A) When the chief of the division of oil 5,594
and gas finds that an owner has failed to comply with the 5,595
restoration requirements of section 1509.072, plugging 5,596
requirements of section 1509.12, or permit provisions of section 5,597
1509.13 of the Revised Code, or rules and orders relating 5,598
thereto, the chief shall make a finding of that fact and declare 5,600
any surety bond filed to ensure compliance with those sections 5,601
and rules forfeited in the amount set by rule of the chief. The 5,602
chief thereupon shall certify the total forfeiture to the 5,603
attorney general, who shall proceed to collect the amount of the 5,604
forfeiture.
In lieu of total forfeiture, the surety, at its option, may 5,606
cause the well to be properly plugged and abandoned and the area 5,607
properly restored or pay to the treasurer of state the cost of 5,609
plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds 5,612
as provided in this section shall be deposited in the state 5,613
treasury to the credit of the oil and gas well plugging fund, 5,614
which is hereby created IN SECTION 1509.02 OF THE REVISED CODE. 5,615
The fund shall be expended by the chief for the following 5,617
purposes IN ADDITION TO THE OTHER PURPOSES SPECIFIED IN THAT 5,618
SECTION:
(1) In accordance with division (D) of this section, to 5,620
plug wells or to restore the land surface properly as required in 5,624
section 1509.072 of the Revised Code for which the bonds have 5,625
been forfeited, for abandoned wells for which no funds are 5,626
available to plug the wells in accordance with this chapter, or 5,628
to use abandoned wells for the injection of oil or gas production 5,630
wastes;
129
(2) In accordance with division (E) of this section, to 5,632
correct conditions that the chief reasonably has determined are 5,634
causing imminent health or safety risks. 5,635
Expenditures from the fund shall be made only for lawful 5,637
purposes. 5,638
(C)(1) Upon determining that the owner of a well has 5,641
failed to properly plug and abandon it or to properly restore the 5,642
land surface at the well site in compliance with the applicable 5,643
requirements of this chapter and applicable rules adopted and 5,644
orders issued under it or that a well is an abandoned well for 5,645
which no funds are available to plug the well in accordance with 5,646
this chapter, the chief shall do all of the following: 5,647
(a) Determine from the records in the office of the county 5,650
recorder of the county in which the well is located the identity 5,651
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 5,652
well was drilled or the identity of each person owning an 5,653
interest in the lease, and the identities of the persons having 5,654
legal title to, or a lien upon, any of the equipment appurtenant 5,655
to the well; 5,656
(b) Mail notice to the owner of the land on which the well 5,659
is located informing the landowner that the well is to be 5,660
plugged. If the owner of the oil or gas lease under which the 5,661
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 5,662
lease, the chief also shall mail notice that the well is to be 5,663
plugged to the owner of the lease or to each person owning an 5,664
interest in the lease, as appropriate.
(c) Mail notice to each person having legal title to, or a 5,667
lien upon, any equipment appurtenant to the well, informing the 5,668
person that the well is to be plugged and offering the person the 5,669
opportunity to plug the well and restore the land surface at the 5,670
well site at the person's own expense in order to avoid 5,671
forfeiture of the equipment to this state.
130
(2) If none of the persons described in division (C)(1)(c) 5,674
of this section plugs the well within sixty days after the 5,675
mailing of the notice required by that division, all equipment 5,676
appurtenant to the well is hereby declared to be forfeited to 5,677
this state without compensation and without the necessity for any 5,679
action by the state for use to defray the cost of plugging and 5,680
abandoning the well and restoring the land surface at the well 5,681
site.
(D) Expenditures from the fund for the purpose of division 5,683
(B)(1) of this section shall be made in accordance with either of 5,685
the following:
(1) The expenditures may be made pursuant to contracts 5,687
entered into by the chief with persons who agree to furnish all 5,689
of the materials, equipment, work, and labor as specified and 5,690
provided in such a contract. Agents or employees of persons 5,691
contracting with the chief for the restoration, plugging, and 5,692
injection projects may enter upon any land, public or private, 5,693
for which a project has been approved by the controlling board 5,694
and on which the well is located, for the purpose of performing 5,695
the work. Prior to such entry, the chief shall give to the 5,696
following persons written notice of the existence of a contract 5,697
for a project to restore, plug, or inject oil or gas production 5,698
wastes into a well, the names of the persons with whom the 5,699
contract is made, and the date that the project will commence: 5,700
the owner of the well, the owner of the land upon which the well 5,701
is located, the owner or agents of adjoining land, and, if the 5,702
well is located in the same township as or in a township adjacent 5,703
to the excavations and workings of a mine and the owner or lessee 5,704
of that mine has provided written notice identifying those
townships to the chief at any time during the immediately 5,705
preceding three years, the owner or lessee of the mine. 5,706
The chief periodically shall submit project proposals under 5,708
division (D)(1) of this section to the controlling board, 5,710
together with benefit and cost data and other pertinent 5,711
131
information. Expenditures from the fund for the purpose of
division (D)(1) of this section may be made only for restoration, 5,713
plugging, or injection projects that are approved by the 5,714
controlling board, and expenditures for a particular project may 5,715
not exceed any limits set by the board.
(2)(a) The owner of the land on which a well is located 5,718
who has received notice under division (C)(1)(b) of this section 5,719
may plug the well and be reimbursed by the division for the 5,720
reasonable cost of plugging the well. In order to plug the well, 5,721
the landowner shall submit an application to the chief on a form 5,722
prescribed by the chief and approved by the technical advisory 5,723
council on oil and gas created in section 1509.38 of the Revised 5,725
Code. The application, at a minimum, shall require the landowner 5,726
to provide the same information as is required to be included in 5,727
the application for a permit to plug and abandon under section 5,728
1509.13 of the Revised Code. The application shall be 5,729
accompanied by a copy of a proposed contract to plug the well 5,730
prepared by a contractor regularly engaged in the business of 5,731
plugging oil and gas wells. The proposed contract shall require 5,732
the contractor to furnish all of the materials, equipment, work, 5,733
and labor necessary to plug the well properly and shall specify 5,735
the price for doing the work, including a credit for the 5,736
equipment appurtenant to the well that was forfeited to the state 5,737
through the operation of division (C)(2) of this section. The 5,738
application also shall be accompanied by the permit fee required 5,739
by section 1509.13 of the Revised Code unless the chief, in the 5,740
chief's discretion, waives payment of the permit fee. If the 5,741
chief waives payment of the permit fee in connection with an 5,742
application, the chief shall certify the amount of the fee to the 5,743
director of budget and management for transfer from the oil and 5,744
gas well plugging fund to the oil and gas permit fund created in 5,745
section 1509.02 of the Revised Code. The application constitutes 5,747
an application for a permit to plug and abandon the well for the 5,748
purposes of section 1509.13 of the Revised Code. 5,749
132
(b) Within thirty days after receiving an application and 5,752
accompanying proposed contract under division (D)(2)(a) of this 5,754
section, the chief shall determine whether the plugging would 5,755
comply with the applicable requirements of this chapter and 5,756
applicable rules adopted and orders issued under it and whether 5,757
the cost of the plugging under the proposed contract is 5,758
reasonable. If the chief determines that the proposed plugging 5,760
would comply with those requirements and that the proposed cost 5,761
of the plugging is reasonable, the chief shall notify the
landowner of that determination and issue to the landowner a 5,762
permit to plug and abandon the well under section 1509.13 of the 5,763
Revised Code. Upon approval of the application and proposed 5,765
contract, the chief shall transfer ownership of the equipment 5,766
appurtenant to the well to the landowner. The chief may 5,767
disapprove an application submitted under division (D)(2)(a) of 5,769
this section if the chief determines that the proposed plugging 5,770
would not comply with the applicable requirements of this chapter 5,771
and applicable rules adopted and orders issued under it, that the 5,772
cost of the plugging under the proposed contract is unreasonable, 5,773
or that the proposed contract is not a bona fide, arms length 5,774
contract.
(c) After receiving the chief's notice of the approval of 5,777
the application and permit to plug and abandon a well under 5,778
division (D)(2)(b) of this section, the landowner shall enter 5,779
into the proposed contract to plug the well. The plugging shall 5,780
be completed within one hundred eight days after the landowner 5,781
receives the notice of approval and permit. 5,782
(d) Upon determining that the plugging has been completed 5,785
within the time required by division (D)(2)(c) of this section 5,787
and has been completed in compliance with the applicable 5,788
requirements of this chapter and applicable rules adopted and 5,789
orders issued under it, the chief shall reimburse the landowner 5,790
for the cost of the plugging as set forth in the proposed 5,791
contract approved by the chief. The reimbursement shall be paid 5,792
133
from the oil and gas well plugging fund. If the chief determines 5,793
that the plugging was not completed within the required time or 5,794
was not completed in accordance with the applicable requirements, 5,795
the chief shall not reimburse the landowner for the cost of the 5,796
plugging, and the landowner or the contractor, as applicable,
promptly shall transfer back to this state title to and 5,798
possession of the equipment appurtenant to the well that 5,800
previously was transferred to the landowner under division 5,801
(D)(2)(b) of this section. If any such equipment was removed 5,802
from the well during the plugging and sold, the landowner shall 5,803
pay to the chief the proceeds from the sale of the equipment, and 5,804
the chief promptly shall pay the moneys so received to the 5,805
treasurer of state for deposit into the oil and gas well plugging 5,806
fund.
The chief may establish an annual limit on the number of 5,808
wells that may be plugged under division (D)(2) of this section 5,810
or an annual limit on the expenditures to be made under that 5,811
division.
As used in division (D)(2) of this section, "plug" and 5,815
"plugging" include the plugging of the well and the restoration 5,816
of the land surface disturbed by the plugging.
(E) Expenditures from the OIL AND GAS WELL fund for the 5,818
purpose of division (B)(2) of this section may be made pursuant 5,820
to contracts entered into by the chief with persons who agree to 5,821
furnish all of the materials, equipment, work, and labor as 5,822
specified and provided in such a contract. The competitive
bidding requirements of Chapter 153. of the Revised Code do not 5,823
apply if the chief reasonably determines that correction of the 5,824
applicable health or safety risk requires immediate action. The 5,825
chief, designated representatives of the chief, and agents or 5,826
employees of persons contracting with the chief under this 5,827
division may enter upon any land, public or private, for the 5,828
purpose of performing the work. 5,829
(F) Contracts entered into by the chief under this section 5,832
134
are not subject to either of the following: 5,833
(1) Chapter 4115. of the Revised Code; 5,835
(2) Section 153.54 of the Revised Code, except that the 5,838
contractor shall obtain and provide to the chief as a bid 5,839
guaranty a surety bond or letter of credit in an amount equal to 5,840
ten per cent of the amount of the contract. 5,841
(G) The owner of land on which a well is located who has 5,844
received notice under division (C)(1)(b) of this section, in lieu 5,847
of plugging the well in accordance with division (D)(2) of this 5,848
section, may cause ownership of the well to be transferred to an 5,849
owner who is lawfully doing business in this state and who has 5,850
met the financial responsibility requirements established under 5,851
section 1509.07 of the Revised Code, subject to the approval of 5,854
the chief. The transfer of ownership also shall be subject to 5,855
the landowner's filing the appropriate forms required under this 5,856
chapter and providing to the chief sufficient information to 5,857
demonstrate the landowner's or owner's right to produce a
formation or formations. That information may include a deed, a 5,858
lease, or other documentation of ownership or property rights. 5,860
The chief shall approve or disapprove the transfer of 5,862
ownership of the well. If the chief approves the transfer, the 5,863
owner is responsible for operating the well in accordance with 5,864
this chapter and rules adopted under it, including, without 5,865
limitation, all of the following: 5,866
(1) Filing an application with the chief under section 5,868
1509.06 of the Revised Code if the owner intends to drill deeper 5,871
or produce a formation that is not listed in the records of the 5,872
division for that well;
(2) Taking title to and possession of the equipment 5,874
appurtenant to the well that has been identified by the chief as 5,875
having been abandoned by the former owner; 5,876
(3) Complying with all applicable requirements that are 5,879
necessary to drill deeper, plug the well, or plug back the well. 5,880
Sec. 1513.30. There is hereby created in the state 5,889
135
treasury the unreclaimed lands fund, to be administered by the 5,890
chief of the division of mines and reclamation and used for the 5,891
purpose of reclaiming land, public or private, affected by 5,892
mining, or controlling mine drainage, for which no cash is held 5,893
in the reclamation forfeiture fund created in section 1513.18 of 5,894
the Revised Code or the surface mining reclamation fund created 5,896
in section 1514.06 of the Revised Code, and also for the purpose 5,897
of paying the expenses and compensation of the council on 5,898
unreclaimed strip mined lands as required by section 1513.29 of 5,899
the Revised Code.
In order to direct expenditures from the unreclaimed lands 5,901
fund toward reclamation projects that fulfill priority needs and 5,902
provide the greatest public benefits, the chief periodically 5,904
shall submit to the council project proposals to be financed from 5,905
the unreclaimed lands fund, together with benefit and cost data 5,906
and other pertinent information. For the purpose of selecting 5,907
project areas and determining the boundaries of project areas, 5,908
the council shall consider the feasibility, cost, and public 5,909
benefits of reclaiming the areas, their potential for being 5,910
mined, the availability of federal or other financial assistance 5,911
for reclamation, and the geographic distribution of project areas 5,912
to ensure fair distribution among affected areas. 5,913
The council shall give priority to areas where there is 5,915
little or no likelihood of mining within the foreseeable future, 5,918
reclamation is feasible at reasonable cost with available funds, 5,919
and either of the following applies:
(A) The pollution of the waters of the state and damage to 5,921
adjacent property are most severe and widespread; 5,922
(B) Reclamation will make possible public uses for soil, 5,924
water, forest, or wildlife conservation or public recreation 5,925
purposes, will facilitate orderly commercial or industrial site 5,926
development, or will facilitate the use or improve the enjoyment 5,927
of nearby public conservation or recreation lands. 5,928
At least two weeks before any meeting of the council on 5,930
136
unreclaimed strip mined lands at which the chief will submit a 5,931
project proposal, a project area will be selected, or the 5,932
boundaries of a project area will be determined, the chief shall 5,933
mail notice by first class mail to the board of county 5,934
commissioners of the county and the board of township trustees of 5,935
the township in which the proposed project lies and the chief 5,936
executive and the legislative authority of each municipal 5,937
corporation within the proposed project area. The chief also 5,939
shall give reasonable notice to the news media in the county
where the proposed project lies. 5,940
Expenditures from the unreclaimed lands fund for 5,942
reclamation projects may be made only for projects that are 5,943
within the boundaries of project areas approved by the council, 5,944
and expenditures for a particular project may not exceed any 5,945
applicable limits set by the council. Expenditures from the 5,946
unreclaimed lands fund shall be made by the chief, with the 5,947
approval of the director of natural resources. 5,948
The controlling board may transfer excess funds from the 5,950
oil and gas well plugging fund CREATED IN SECTION 1509.02 OF THE 5,951
REVISED CODE, after recommendation by the council on unreclaimed 5,953
strip mined lands, to meet deficiencies in the unreclaimed lands 5,954
fund.
The chief may expend an amount not to exceed twenty per 5,956
cent of the moneys credited annually by the treasurer of state to 5,957
the unreclaimed lands fund for the purpose of administering the 5,958
unreclaimed lands fund. 5,959
The chief may engage in cooperative projects under this 5,961
section with any agency of the United States, appropriate state 5,962
agencies, or state universities or colleges as defined in section 5,963
3345.27 of the Revised Code and may transfer money from the fund, 5,965
with the approval of the council, to other appropriate state 5,966
agencies or to state universities or colleges in order to carry 5,967
out the reclamation activities authorized by this section.
Sec. 1515.091. (A) As used in this section: 5,976
137
(1) "Receiving employee" means an employee of a soil and 5,978
water conservation district who receives donated sick leave as 5,979
authorized by this section.
(2) "Donating employee" means an employee of a soil and 5,981
water conservation district who donates sick leave as authorized 5,982
by this section. 5,983
(3) "Paid leave" has the same meaning as in section 5,985
124.391 of the Revised Code. 5,986
(4) "FULL-TIME EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND 5,989
WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF SERVICE FOR 5,990
THE DISTRICT TOTAL FORTY HOURS PER WEEK OR WHO RENDERS ANY OTHER 5,991
STANDARD OF SERVICE ACCEPTED AS FULL-TIME BY THE DISTRICT. 5,992
(5) "FULL-TIME LIMITED HOURS EMPLOYEE" MEANS AN EMPLOYEE 5,994
OF A SOIL AND WATER CONSERVATION DISTRICT WHOSE REGULAR HOURS OF 5,995
SERVICE FOR THE DISTRICT TOTAL TWENTY-FIVE TO THIRTY-NINE HOURS 5,996
PER WEEK OR WHO RENDERS ANY OTHER STANDARD OF SERVICE ACCEPTED AS 5,997
FULL-TIME LIMITED HOURS BY THE DISTRICT.
(B)(1) An employee of a soil and water conservation 6,000
district is eligible to become a receiving employee if the 6,001
employee is a full-time, regular employee, OR A FULL-TIME LIMITED 6,002
HOURS EMPLOYEE, who has completed the prescribed probationary 6,003
period, has used up all accrued paid leave, and has been placed 6,004
on an approved, unpaid, medical-related leave of absence for a 6,005
period of at least thirty CONSECUTIVE working days because of the 6,006
employee's own serious illness or because of a serious illness of 6,008
a member of the employee's immediate family. 6,009
(2) An employee who desires to become a receiving employee 6,012
shall submit to the board of supervisors of the employing soil 6,013
and water conservation district, along with a satisfactory 6,014
physician's certification, a written request for donated sick 6,015
leave. The board of supervisors shall determine whether the 6,016
employee is eligible to become a receiving employee, and shall 6,018
approve the request if it determines the employee is eligible. 6,019
(C)(1) A board of supervisors that approves a request for 6,022
138
an employee to become a receiving employee shall forward the 6,023
approved application to a committee that the Ohio association of 6,025
soil and water conservation district employees shall appoint to 6,026
act as a clearinghouse for the donation of sick leave under this 6,027
section. The committee shall post notice for not less than ten 6,028
days informing all employees of soil and water conservation 6,029
districts throughout the state that it has received an approved 6,030
application to become a receiving employee.
(2) A soil and water conservation district employee 6,032
desiring to become a donating employee shall complete and submit 6,033
a sick leave donation form to the employee's immediate supervisor 6,035
within twenty days after the date of the initial posting of the
notice described in division (C)(1) of this section. If the 6,036
board of supervisors of the employing district of an employee 6,038
desiring to become a donating employee approves the sick leave 6,039
donation, the board shall forward to the committee, together with 6,040
a check equal to the total value of the sick leave donation, a 6,041
copy of the sick leave donation form, and the board shall notify 6,042
the receiving employee regarding the donation. 6,043
(D) If the committee described in division (C)(1) of this 6,046
section receives a sick leave donation form and a check from a 6,047
board of supervisors, the committee shall deposit the check into 6,048
an account that it shall establish to be used to dispense funds 6,049
to the employing district of a receiving employee. The committee 6,050
shall notify the board of supervisors of the employing district 6,051
of a receiving employee of the amount of sick leave donated. The 6,053
board of supervisors shall bill the committee during each pay 6,054
period for the receiving employee's gross hourly wages in an 6,055
amount that does not exceed the amount donated to the receiving 6,056
employee. The board of supervisors, with the approval of the 6,057
county auditor, shall provide for the deposit into its 6,058
appropriate payroll account of any payments it receives for the 6,059
benefit of a receiving employee.
(E) The donation and receipt of sick leave under this 6,062
139
section is subject to all of the following: 6,063
(1) All donations of sick leave shall be voluntary. 6,066
(2) A donating employee is eligible to donate not less 6,068
than eight hours and not more than eighty hours of sick leave 6,069
during the same calendar year. 6,070
(3) The value of an hour of sick leave donated is the 6,072
value of the donating employee's gross hourly wage. The number 6,073
of hours received by a receiving employee from a donating 6,074
employee shall be a number that, when multiplied by the receiving 6,076
employee's gross hourly wage, equals the amount resulting when 6,077
the donating employee's gross hourly wage is multiplied by the 6,078
number of hours of sick leave donated.
(4) No paid leave shall accrue to a receiving employee for 6,081
any compensation received through donated sick leave, and the
receipt of donated sick leave does not affect the date on which a 6,083
receiving employee first qualifies for continuation of health
insurance coverage. 6,084
(5) If a receiving employee does not use all donated sick 6,086
leave during the period of the employee's leave of absence, the 6,087
unused balance shall be returned, within three months after the 6,088
end of the leave of absence and on a prorated basis, to each 6,089
donating employee who donated sick leave to the receiving 6,090
employee REMAIN IN THE ACCOUNT THAT THE COMMITTEE DESCRIBED IN 6,091
DIVISION (C)(1) OF THIS SECTION ESTABLISHED UNDER DIVISION (D) OF 6,092
THIS SECTION AND SHALL BE USED TO DISPENSE FUNDS IN THE FUTURE TO 6,093
THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. 6,094
Sec. 1521.04. The chief of the division of water, with the 6,103
approval of the director of natural resources, may make loans and 6,104
grants from the water management fund created in section 1501.32 6,105
of the Revised Code to governmental agencies for water 6,106
management, water supply improvements, and planning and may 6,107
administer grants from the federal government and from other 6,108
public or private sources for carrying out those functions and 6,109
for the performance of any acts that may be required by the 6,110
140
United States or by any agency or department thereof as a 6,111
condition for the participation by any governmental agency in any 6,112
federal financial or technical assistance program. Direct and 6,113
indirect costs of administration may be paid from the water 6,114
management fund. 6,115
The chief may use the water management fund to acquire, 6,117
construct, reconstruct, improve, equip, maintain, operate, and 6,118
dispose of water management improvements. He THE CHIEF may fix, 6,119
alter, charge, and collect rates, fees, rentals, and other 6,121
charges to be paid into the water management fund by governmental 6,122
agencies and persons who are supplied with water by facilities 6,123
constructed or operated by the department of natural resources in 6,124
order to amortize and defray the cost of the construction, 6,125
maintenance, and operation of those facilities. This section 6,126
does not apply to the Burr Oak water system administered by the 6,127
chief engineer of the department of natural resources under 6,128
Chapter 1507. SECTIONS 1507.01 AND 1507.12 of the Revised Code. 6,129
Sec. 2151.36. (A) When a child has been committed as 6,139
provided by this chapter, the juvenile court shall issue an order 6,141
pursuant to sections 3113.21 to 3113.219 of the Revised Code 6,142
requiring that the parent, guardian, or person charged with the 6,143
child's support pay for the care, support, maintenance, and 6,144
education of the child. The juvenile court shall order that the 6,145
parents, guardian, or person pay for the expenses involved in 6,147
providing orthopedic, medical, or surgical treatment for, or for 6,148
special care of, the child, enter a judgment for the amount due, 6,149
and enforce the judgment by execution as in the court of common 6,150
pleas.
Any expenses incurred for the care, support, maintenance, 6,152
education, orthopedic, medical, or surgical treatment, and 6,154
special care of a child who has a legal settlement in another 6,155
county shall be at the expense of the county of legal settlement 6,156
if the consent of the juvenile judge of the county of legal 6,157
settlement is first obtained. When the consent is obtained, the 6,158
141
board of county commissioners of the county in which the child 6,159
has a legal settlement shall reimburse the committing court for 6,160
the expenses out of its general fund. If the department of human 6,161
services considers it to be in the best interest of any 6,162
delinquent, dependent, unruly, abused, or neglected child who has 6,163
a legal settlement in a foreign state or country that the child 6,164
be returned to the state or country of legal settlement, the 6,165
juvenile court may commit the child to the department for the 6,166
child's return to that state or country. 6,167
Any expenses ordered by the court for the care, support, 6,170
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 6,172
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 6,174
paid by the state or federal government or paid by the parents, 6,176
guardians, or person charged with the child's support pursuant to 6,177
this section, shall be paid from the county treasury upon 6,178
specifically itemized vouchers, certified to by the judge. The 6,179
court shall not be responsible for any expenses resulting from 6,181
the commitment of children to any home, public children services 6,182
agency, private child placing agency, or other institution, 6,183
association, or agency, unless the court authorized the expenses 6,186
at the time of commitment.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL PAY EIGHTY PER 6,188
CENT OF THE ANNUAL COST IN EXCESS OF TWELVE THOUSAND DOLLARS OF A 6,189
CHILD'S PLACEMENT IN A TREATMENT FOSTER HOME IN ACCORDANCE WITH 6,190
AN ORDER OF A JUVENILE JUDGE PURSUANT TO THIS CHAPTER. 6,191
Sec. 2305.232. (A) No person who gives aid or advice in 6,200
an emergency situation relating to the prevention of an imminent 6,201
release of hazardous material, to the clean-up or disposal of 6,202
hazardous material that has been released, or to the related 6,203
mitigation of the effects of a release of hazardous material, nor 6,204
the public or private employer of such a person, is liable in 6,205
civil damages as a result of the aid or advice if all of the 6,206
142
following apply: 6,207
(1) The aid or advice was given at the request of: 6,209
(a) A sheriff, the chief of police or other chief officer 6,211
of the law enforcement agency of a municipal corporation, the 6,212
chief of police of a township police district, the chief of a 6,213
fire department, the state fire marshal, the director of 6,214
environmental protection, the chairman CHAIRPERSON of the public 6,215
utilities commission, the superintendent of the state highway 6,217
patrol, the state EXECUTIVE director of the emergency management 6,218
agency, the chief executive of a municipal corporation, or the 6,220
authorized representative of any such official, or the 6,221
legislative authority of a township or county; or 6,222
(b) The owner or manufacturer of the hazardous material, 6,224
an association of manufacturers of the hazardous material, or a 6,225
hazardous material mutual aid group;. 6,226
(2) The person giving the aid or advice acted without 6,228
anticipating remuneration for himself SELF or his THE PERSON'S 6,230
employer from the governmental official, authority, or agency 6,231
that requested the aid or advice; 6,232
(3) The person giving the aid or advice was specially 6,234
qualified by training or experience to give the aid or advice; 6,235
(4) Neither the person giving the aid or advice nor the 6,237
public or private employer of the person giving the aid or advice 6,238
was responsible for causing the release or threat of release nor 6,239
would otherwise be liable for damages caused by the release; 6,240
(5) The person giving the aid or advice did not engage in 6,242
willful, wanton, or reckless misconduct or grossly negligent 6,243
conduct in giving the aid or advice; 6,244
(6) The person giving the aid or advice notified the 6,246
emergency response section of the environmental protection agency 6,247
prior to giving the aid or advice. 6,248
(B) The immunity conferred by this section does not limit 6,250
the liability of any person whose action caused or contributed to 6,251
the release of hazardous material. That person is liable for any 6,252
143
enhancement of damages caused by the person giving aid or advice 6,253
under this section unless the enhancement of damages was caused 6,254
by the willful, wanton, or reckless misconduct or grossly 6,255
negligent conduct of the person giving aid or advice. 6,256
(C) This section does not apply to any person rendering 6,258
care, assistance, or advice in response to a discharge of oil 6,259
when that person's immunity from liability is subject to 6,260
determination under section 2305.39 of the Revised Code.
(D) As used in this section: 6,262
(1) "Hazardous material" means any material designated as 6,264
such under the "Hazardous Materials Transportation Act," 88 Stat. 6,265
2156 (1975), 49 U.S.C.A. 1803, as amended. 6,266
(2) "Mutual aid group" means any group formed at the 6,268
federal, state, regional, or local level whose members agree to 6,269
respond to incidents involving hazardous material whether or not 6,270
they shipped, transported, manufactured, or were at all connected 6,271
with the hazardous material involved in a particular incident. 6,272
(3) "Discharge" and "oil" have the same meanings as in 6,274
section 2305.39 of the Revised Code. 6,275
Sec. 2949.17. (A) The sheriff may take one guard for 6,284
every two convicted felons to be transported to a correctional 6,286
institution. The trial judge may authorize a larger number of 6,287
guards upon written application of the sheriff, in which case a 6,288
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, 6,289
and the sheriff shall deliver the order with the convict to the 6,290
person in charge of the correctional institution. In 6,291
(B) IN order to obtain reimbursement for the county for 6,294
the expenses of transportation for indigent convicted felons, the
clerk of the court of common pleas shall prepare a transportation 6,295
cost bill for each indigent convicted felon transported pursuant 6,296
to this section for an amount equal to ten cents a mile from the 6,297
county seat to the state correctional institution and return for 6,298
the sheriff and each of the guards and five cents a mile from the 6,299
144
county seat to the state correctional institution for each
prisoner. The number of miles shall be computed by the usual 6,300
route of travel. THE CLERK'S DUTIES UNDER THIS DIVISION ARE 6,301
SUBJECT TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE. 6,302
Sec. 2949.19. The (A) SUBJECT TO DIVISION (B) OF THIS 6,312
SECTION, THE clerk of the court of common pleas shall report to 6,313
the state public defender all cases in which an indigent person 6,314
was convicted of a felony, all cases in which reimbursement is 6,315
required by section 2949.20 of the Revised Code, and all cost 6,316
bills for transportation that are prepared pursuant to section 6,317
2949.17 of the Revised Code. The reports shall be filed for each 6,318
fiscal quarter within thirty days after the end of the quarter on 6,319
a form prescribed by the state public defender and shall be 6,320
accompanied by a certification of a judge of the court that in 6,321
all cases listed in the report the defendant was determined to be 6,322
indigent and convicted of a felony or that the case is reported 6,323
pursuant to section 2949.20 of the Revised Code and that for each 6,324
transportation cost bill submitted pursuant to section 2949.17 of 6,325
the Revised Code that the convicted felon was determined to be 6,326
indigent. The state public defender shall review the reports 6,327
RECEIVED UNDER THIS DIVISION and prepare a transportation cost 6,328
voucher and a quarterly subsidy voucher for each county for the 6,329
amounts he THE STATE PUBLIC DEFENDER finds to be correct. To 6,331
compute the quarterly subsidy, the state public defender first 6,332
shall subtract the total of all transportation cost vouchers that 6,333
he THE STATE PUBLIC DEFENDER approves for payment for the quarter 6,335
from one-fourth of his THE STATE PUBLIC DEFENDER'S total
appropriation for criminal costs subsidy for the fiscal year of 6,337
which the quarter is part. He THE STATE PUBLIC DEFENDER then 6,338
shall compute a base subsidy amount per case by dividing the 6,340
remainder by the total number of cases from all counties he THE
STATE PUBLIC DEFENDER approves for subsidy for the quarter. The 6,342
quarterly subsidy voucher for each county shall then be the 6,343
product of the base subsidy amount times the number of cases 6,344
145
submitted by the county and approved for subsidy for the quarter. 6,345
Payment shall be made to the clerk. 6,346
The clerk shall keep a record of all cases submitted for 6,348
the subsidy in which the defendant was bound over to the court of 6,349
common pleas from the municipal court. Upon receipt of the 6,350
quarterly subsidy, the clerk shall pay to the clerk of the 6,351
municipal court, for municipal court costs in such cases, an 6,352
amount that does not exceed fifteen dollars per case, shall pay 6,353
foreign sheriffs for their services, and shall deposit the 6,354
remainder of the subsidy to the credit of the general fund of the 6,355
county. The clerk of the court of common pleas then shall stamp 6,356
his THE CLERK'S records "subsidy costs satisfied." 6,357
(B) IF NOTIFIED BY THE STATE PUBLIC DEFENDER UNDER SECTION 6,359
2949.201 OF THE REVISED CODE THAT, FOR A SPECIFIED STATE FISCAL 6,360
YEAR, THE GENERAL ASSEMBLY HAS NOT APPROPRIATED FUNDING FOR 6,361
REIMBURSEMENT PAYMENTS PURSUANT TO DIVISION (A) OF THIS SECTION, 6,362
THE CLERK OF THE COURT OF COMMON PLEAS IS EXEMPT FOR THAT STATE 6,363
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE CLERK BY DIVISION 6,364
(A) OF THIS SECTION AND BY SECTIONS 2949.17 AND 2949.20 OF THE
REVISED CODE. UPON PROVIDING THE NOTICE DESCRIBED IN THIS 6,365
DIVISION, THE STATE PUBLIC DEFENDER IS EXEMPT FOR THAT STATE 6,366
FISCAL YEAR FROM THE DUTIES IMPOSED UPON THE STATE PUBLIC 6,367
DEFENDER BY DIVISION (A) OF THIS SECTION. 6,368
Sec. 2949.20. In any case of final judgment of reversal as 6,377
provided in section 2953.07 of the Revised Code, whenever the 6,378
state of Ohio is the appellee, the clerk of the court of common 6,379
pleas of the county in which sentence was imposed shall certify 6,380
the case to the state public defender for reimbursement in the 6,381
report required by section 2949.19 of the Revised Code, SUBJECT 6,382
TO DIVISION (B) OF SECTION 2949.19 OF THE REVISED CODE.
Sec. 2949.201. On or before the first day of February of 6,391
even-numbered years THE THIRTY-FIRST DAY OF JULY OF EACH STATE 6,392
FISCAL YEAR, the state public defender shall report to the 6,394
speaker and minority leader of the house of representatives, the 6,396
146
president and minority leader of the senate, the office of budget 6,397
and management, and the legislative budget office of the 6,398
legislative service commission an estimate of the amount of money 6,399
that will be required for the next fiscal biennium to make the 6,400
NOTIFY THE CLERK OF THE COURT OF COMMON PLEAS OF EACH COUNTY 6,401
WHETHER THE GENERAL ASSEMBLY HAS, OR HAS NOT, APPROPRIATED 6,402
FUNDING FOR THAT STATE FISCAL YEAR FOR REIMBURSEMENT payments
required by PURSUANT TO DIVISION (A) OF section 2949.19 of the 6,404
Revised Code.
Sec. 3109.17. (A) For each fiscal biennium beginning on 6,414
the first day of July of each odd-numbered year, the children's
trust fund board shall establish a biennial state plan for the 6,415
allocation of funds in the children's trust fund. The plan shall 6,416
ensure that equal opportunity exists for the establishment of 6,417
child abuse and child neglect prevention programs and the use of 6,418
moneys from the fund to provide assistance in all geographic 6,419
areas of this state and to provide assistance to members of all 6,420
social and economic groups of this state. The plan shall be 6,421
transmitted to the governor, the president of the senate, and the 6,422
speaker of the house of representatives and shall be made 6,423
available to the general public. 6,424
(B) In developing and carrying out a plan, the children's 6,426
trust fund board shall, in accordance with Chapter 119. of the 6,427
Revised Code, do all of the following: 6,428
(1) Develop and adopt the state plan for the allocation of 6,430
funds and develop criteria, including standards for cost and 6,431
program effectiveness, for county or district allocation plans 6,433
and for individual projects in counties or districts that do not 6,434
have a child abuse and child neglect advisory board;
(2) Establish criteria, including standards for cost and 6,436
program effectiveness, for child abuse and child neglect 6,437
prevention programs; 6,438
(3)(2) Make grants A BLOCK GRANT to public or private 6,442
agencies or schools EACH CHILD ABUSE AND CHILD NEGLECT ADVISORY
147
BOARD for the purpose of child abuse and child neglect prevention 6,444
programs. The CHILDREN'S TRUST FUND board may consider factors 6,445
such as need, geographic location, diversity, coordination with 6,447
or improvement of existing services, maintenance of local funding 6,448
efforts, and extensive use of volunteers. Children's trust fund 6,449
moneys shall be allocated among all counties THAT HAVE 6,450
ESTABLISHED CHILD ABUSE AND NEGLECT ADVISORY BOARDS. THE 6,451
ALLOCATION SHALL BE according to a formula based on the ratio of 6,453
the number of children under the age of eighteen in the county to 6,454
the number of children under the age of eighteen in the state, as 6,455
shown in the most recent federal decennial census of population; 6,456
provided, that each county receiving trust fund moneys shall 6,457
receive a minimum of ten thousand dollars per funding year. 6,458
(4)(3) Approve each county or district allocation plan and 6,460
individual project in whole or in part if it THAT is in 6,461
compliance with the criteria established under this section and 6,463
under section 3109.18 of the Revised Code. If an allocation plan 6,464
or individual project is rejected in whole or in part, the board 6,465
shall: 6,466
(a) Cite specific reasons for rejection; 6,468
(b) When appropriate, offer recommendations and technical 6,470
assistance to bring the plan or project into compliance, holding 6,471
the funds until the plan or project is finally approved or 6,474
rejected.
(5)(4) Notify each advisory board or individual applicant 6,477
in writing whether the allocation plan or individual project has 6,478
been approved in whole or in part not later than sixty days after 6,479
submission of the plan or project to the children's trust fund 6,480
board; 6,481
(6)(5) Regularly review and monitor the expenditure of 6,483
moneys from the children's trust fund; 6,484
(7)(6) Consult with appropriate state agencies to help 6,486
determine the probable effectiveness and fiscal soundness of and 6,487
need for proposed community-based child abuse and child neglect 6,488
148
prevention programs; 6,489
(8)(7) Facilitate the exchange of information between 6,491
groups concerned with programs for children in this state; 6,492
(9)(8) Provide for statewide educational and public 6,494
informational conferences and workshops for the purpose of 6,495
developing appropriate public awareness regarding the problems of 6,496
families and children, encouraging professional persons and 6,497
groups to recognize and deal with problems of families and 6,498
children, making information regarding the problems of families 6,499
and children and the prevention of these problems available to 6,500
the general public in order to encourage citizens to become 6,501
involved in the prevention of such problems, and encouraging the 6,502
development of community prevention programs; 6,503
(10)(9) Establish a procedure for a written annual 6,505
internal evaluation of the functions, responsibilities, and 6,506
performance of the board. The evaluation shall be coordinated 6,507
with the state plan. The evaluation shall be transmitted to the 6,508
governor, the president of the senate, and the speaker of the 6,509
house of representatives and shall be made available to the 6,510
general public. 6,511
Sec. 3109.18. (A) Each A board of county commissioners in 6,520
the following counties shall establish a child abuse and child 6,521
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 6,522
Montgomery, and Summit. The boards of county commissioners of 6,524
the remaining counties may establish a child abuse and child 6,525
neglect advisory board or the MAY DESIGNATE THE COUNTY FAMILY AND 6,526
CHILDREN FIRST COUNCIL TO SERVE AS THE CHILD ABUSE AND CHILD 6,527
NEGLECT ADVISORY BOARD. THE boards of county commissioners of 6,528
two or more contiguous counties may form a multicounty district 6,529
to be served by a multicounty child abuse and child neglect 6,530
advisory board OR MAY DESIGNATE A REGIONAL FAMILY AND CHILDREN 6,531
FIRST COUNCIL TO SERVE AS THE MULTICOUNTY CHILD ABUSE AND CHILD 6,532
NEGLECT ADVISORY BOARD. 6,533
Each (B) EXCEPT IN THE CASE OF A COUNTY OR REGIONAL FAMILY 6,535
149
AND CHILDREN FIRST COUNCIL THAT IS DESIGNATED TO SERVE AS A child 6,537
abuse and child neglect advisory board, EACH ADVISORY BOARD shall 6,538
consist of an odd number of members who represent both public and 6,539
private child serving agencies, and persons with demonstrated 6,540
knowledge in programs for children, such as persons from the 6,541
educational community, parent groups, juvenile justice, and the 6,542
medical community. Of the members first appointed, at least one 6,543
shall serve for a term of three years, at least one for a term of 6,544
two years, and at least one for a term of one year. Thereafter, 6,545
each member shall serve a term of three years. Each member shall 6,546
serve until his THE MEMBER'S successor is appointed. All 6,547
vacancies on the board shall be filled for the balance of the 6,549
unexpired term in the same manner as the original appointment. 6,550
Each board shall meet at least quarterly. 6,551
(C) Each board of county commissioners may incur 6,553
reasonable costs not to exceed three per cent of the funding 6,554
allocated to the county or district under section 3109.17 of the 6,555
Revised Code, for the purpose of carrying out the functions of 6,556
the advisory board. 6,557
(B) Annually, each (D) EACH child abuse and child neglect 6,560
advisory board shall DO ALL OF THE FOLLOWING EVERY TWO YEARS: 6,561
(1) Give effective public notice to all potential 6,563
applicants about the availability of funds from the children's 6,564
trust fund. The notification shall include an estimate of the 6,565
amount of money available for grants within each county or 6,566
district, the date of at least one public hearing, the deadline 6,567
for submitting applications for grants, and information on 6,568
obtaining a copy of the application form; 6,569
(2) Review all applications received using criteria 6,571
established by the children's trust fund board under section 6,572
3109.17 of the Revised Code and any criteria developed by the 6,573
child abuse and child neglect advisory board, and develop an 6,574
allocation plan for the county or district; 6,575
(3) Submit the allocation plan to the children's trust 6,577
150
fund board, with evidence of compliance with this section and 6,578
with section 3109.17 of the Revised Code; 6,579
(4) Upon notification by the children's trust fund board 6,581
that the allocation plan is in compliance with the criteria 6,582
established by the boards, MAKE GRANTS FOR THE PURPOSE OF CHILD 6,583
ABUSE AND CHILD NEGLECT PREVENTION PROGRAMS AND monitor the 6,584
operation of the allocation plan; 6,585
(5) Establish procedures for evaluating programs in the 6,587
county or district, including reporting requirements for grant 6,588
recipients. 6,589
Applicants from counties that are not served by a child 6,591
abuse and child neglect advisory board shall apply for funding to 6,592
the children's trust fund board. 6,593
(C)(E) A recipient of a grant from the children's trust 6,595
fund shall use the grant funds only to fund child abuse and child 6,596
neglect prevention programs. A recipient of a grant may use the 6,597
grant funds only for the expansion of existing programs or the 6,598
creation of new programs. 6,599
Any grant funds that are not spent by the counties or the 6,601
recipient of the funds within the time specified by the terms of 6,602
the grant shall be returned to the treasurer of state COUNTY OR 6,603
DISTRICT ADVISORY BOARD. ANY GRANT FUNDS RETURNED THAT ARE NOT 6,604
REDISTRIBUTED BY THE ADVISORY BOARD WITHIN THE TIME SPECIFIED BY 6,605
THE TERMS OF THE ORIGINAL GRANT SHALL BE RETURNED TO THE 6,606
TREASURER OF STATE. The treasurer of state shall deposit such 6,607
unspent moneys into the children's trust fund to be spent for 6,608
purposes consistent with the state plan adopted under section 6,609
3109.17 of the Revised Code.
(D)(F) Applications for grants from the children's trust 6,611
fund shall be MADE TO A COUNTY OR DISTRICT ADVISORY BOARD on 6,612
forms prescribed by the department of human services and, after 6,614
any review required by division (B) of this section, shall be 6,615
submitted to the children's trust fund board by the date required 6,616
in the schedule established by rules adopted by the board. Each 6,617
151
application shall include at least the following:
(1) Information showing that the applicant meets the 6,619
eligibility requirements of section 3109.17 of the Revised Code; 6,620
(2) If the applicant is a corporation, a list of the 6,622
trustees of the corporation; 6,623
(3)(2) A specification of the amount of money requested; 6,625
(4)(3) A summary of the program that the applicant intends 6,627
to provide with funds from the grant; 6,628
(5)(4) Any other information required by rules adopted by 6,630
the children's trust fund board. 6,631
(G)(1) Each recipient of a CHILDREN'S TRUST FUND grant 6,633
from the children's trust fund A COUNTY OR DISTRICT ADVISORY 6,634
BOARD shall file two copies A COPY of an annual report with the 6,635
county or district advisory board. If no such board serves the 6,637
recipient's county of residence, the recipient shall file two 6,638
copies of an annual report with the children's trust fund board. 6,639
The annual report shall describe the program provided by the 6,640
recipient, indicate the manner in which the grant funds were 6,641
expended, include the results of an independent audit of the 6,642
funds, and include other information that the granting board or 6,643
the department may require. If a public agency is a recipient of 6,644
a grant, the results of the most recent audit of the funds 6,645
conducted under Chapter 117. of the Revised Code shall be 6,646
considered to be the results of the independent audit of the 6,647
funds that must be included in the annual report. The granting 6,648
boards shall annually file one copy of each annual report with 6,650
the department, which shall compile the reports received pursuant 6,651
to this section. 6,652
(2) EACH COUNTY OR DISTRICT ADVISORY BOARD SHALL FILE 6,654
ANNUALLY WITH THE CHILDREN'S TRUST FUND BOARD A REPORT REGARDING 6,655
THE COUNTY OR DISTRICT ALLOCATION PLAN THAT CONTAINS THE 6,656
INFORMATION REQUIRED BY THE CHILDREN'S TRUST FUND BOARD. 6,657
Sec. 3701.261 3335.60. (A) The director of health ARTHUR 6,667
G. JAMES CANCER HOSPITAL AND RESEARCH INSTITUTE OF THE OHIO STATE 6,668
152
UNIVERSITY shall:
(1) Establish a population-based cancer registry, which 6,670
shall be known as the Ohio cancer incidence surveillance system, 6,672
to monitor the incidence of various types of malignant diseases 6,673
in Ohio, make appropriate epidemiologic studies to determine any 6,674
causal relations of such diseases with occupational, nutritional, 6,675
environmental, or infectious conditions, and alleviate or 6,676
eliminate any such conditions; 6,677
(2) Advise, consult, cooperate with, and assist, by 6,679
contract or otherwise, agencies of the state and federal 6,681
government, agencies of the governments of other states, agencies 6,682
of political subdivisions of this state, universities, private 6,683
organizations, corporations, and associations for the purposes of
division (A)(1) of this section; 6,684
(3) Accept and administer grants from the federal 6,686
government or other sources, public or private, for carrying out 6,688
any of the functions enumerated in divisions (A)(1) and (2) of 6,689
this section.
(B) The Ohio cancer incidence surveillance system shall 6,691
follow a model of cancer data collection as set forth by the 6,692
survey epidemiology and end results system (SEERS). 6,693
Sec. 3701.262 3335.61. (A) As used in this section and 6,702
section 3701.263 of the Revised Code: 6,704
(1) "Physician" means a person who holds a valid 6,706
certificate issued under Chapter 4731. of the Revised Code 6,707
authorizing him THE PERSON to practice medicine or surgery or 6,708
osteopathic medicine and surgery. 6,709
(2) "Dentist" means a person who is licensed under section 6,711
4715.12 or 4715.15 of the Revised Code to practice dentistry. 6,712
(3) "Hospital" has the same meaning as in section 3727.01 6,714
of the Revised Code. 6,715
(4) "Cancer" includes those diseases specified by rule of 6,717
the director of health under division (B)(2) of this section. 6,718
(B) The director of health ARTHUR G. JAMES CANCER HOSPITAL 6,721
153
AND RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall adopt 6,722
rules in accordance with Chapter 119. of the Revised Code to do 6,723
all of the following:
(1) Establish the Ohio cancer incidence surveillance 6,725
system required by section 3701.261 3335.60 of the Revised Code; 6,727
(2) Specify the types of cancer and other tumorous and 6,729
precancerous diseases to be reported to the department of health 6,730
under division (D) of this section; 6,731
(3) Establish reporting requirements for information 6,733
concerning diagnosed cancer cases as he THE CANCER HOSPITAL 6,734
considers necessary to conduct epidemiologic surveys of cancer in 6,736
this state;
(4) Establish standards that must be met by research 6,738
projects to be eligible to receive information from the 6,739
department of health under division (B) of section 3701.263 6,740
3335.62 of the Revised Code. 6,742
(C) The department of health CANCER HOSPITAL shall record 6,744
in the registry all reports of cancer received by it. In the 6,746
development and administration of the cancer registry, the 6,747
department CANCER HOSPITAL may use information compiled by public 6,749
or private cancer registries and may contract for the collection 6,750
and analysis of, and research related to, the information 6,751
recorded under this section.
(D) Each physician, dentist, hospital, or person providing 6,753
diagnostic or treatment services to patients with cancer shall 6,754
report each case of cancer to the department CANCER HOSPITAL. 6,755
Any person required to report pursuant to this section may elect 6,757
to report to the department CANCER HOSPITAL through an existing 6,758
cancer registry if the registry meets the reporting standards 6,760
established by the director and reports to the department CANCER 6,761
HOSPITAL.
(E) All physicians, dentists, hospitals, or persons 6,763
providing diagnostic or treatment services to patients with 6,764
cancer shall grant to the deparment CANCER HOSPITAL or its 6,765
154
authorized representative access to all records that identify 6,767
cases of cancer or establish characteristics of cancer, the 6,768
treatment of cancer, or the medical status of any identified 6,769
cancer patient.
(F) Within one year after the effective date of this 6,771
section, the department THE CANCER HOSPITAL shall evaluate the 6,773
cancer reports collected pursuant to this section. The
department CANCER HOSPITAL shall publish and make available to 6,774
the public reports summarizing the information collected. The 6,776
first summary report shall be published not later than ninety 6,777
days after the end of the first full calendar year ending after 6,778
the effective date of this section AMENDMENT. Subsequent annual 6,780
summary reports shall be made on a calendar year basis and 6,782
published not later than ninety days after the end of each 6,783
calendar year.
(G) Furnishing information, including records, reports, 6,785
statements, notes, memoranda, or other information, to the 6,786
department of health CANCER HOSPITAL, either voluntarily or as 6,787
required by this section, or to a person or governmental entity 6,789
designated as a medical research project by the department CANCER 6,790
HOSPITAL, does not subject a physician, dentist, hospital, or 6,792
person providing diagnostic or treatment services to patients 6,793
with cancer to liability in an action for damages or other relief 6,794
for furnishing the information. 6,795
(H) This section does not affect the authority of any 6,797
person or facility providing diagnostic or treatment services to 6,798
patients with cancer to maintain facility-based tumor registries, 6,799
in addition to complying with the reporting requirements of this 6,800
section. 6,801
(I) No person shall fail to make the cancer reports 6,803
required by division (D) of this section. 6,804
Sec. 3701.263 3335.62. (A) Any information, data, and 6,813
reports with respect to a case of malignant disease which are 6,815
furnished to, or procured by, any cancer registry in this state 6,816
155
or the department of health ARTHUR G. JAMES CANCER HOSPITAL AND 6,818
RESEARCH INSTITUTE OF THE OHIO STATE UNIVERSITY shall be 6,819
confidential and shall be used only for statistical, scientific, 6,820
and medical research for the purpose of reducing the morbidity or 6,821
mortality of malignant disease. No physician, dentist, person, 6,822
or hospital furnishing such information, data, or report to any 6,823
such cancer registry or the department of health CANCER HOSPITAL, 6,824
with respect to a case of malignant disease treated or examined 6,826
by such physician, dentist, or person, or confined in such 6,827
hospital, shall by reason of such furnishing be deemed to have 6,828
violated any confidential relationship, or be held liable in 6,829
damages to any person, or be held to answer for willful betrayal 6,830
of a professional confidence within the meaning and intent of 6,831
section 4731.22 of the Revised Code.
(B) The department of health CANCER HOSPITAL shall 6,833
prescribe a release of confidential information form for use 6,835
under this division.
Information concerning individual cancer patients obtained 6,837
by the department of health CANCER HOSPITAL for the Ohio cancer 6,838
incidence surveillance system is for the confidential use of the 6,840
department CANCER HOSPITAL only, except as follows: 6,842
(1) The department CANCER HOSPITAL shall grant to a person 6,844
involved in a medical research project that meets the standards 6,846
established by the director of health CANCER HOSPITAL under 6,847
section 3701.262 3335.61 of the Revised Code access to 6,849
confidential information concerning individual cancer patients if 6,850
all of the following conditions are met:
(a) The person conducting the research provides written 6,852
information about the purpose of the research project, the nature 6,853
of the data to be collected and how the researcher intends to 6,854
analyze it, the records the researcher seeks to review, and the 6,855
safeguards the researcher will take to protect the identity of 6,856
patients whose records the researcher will be reviewing. 6,857
(b) In the view of the director of health CANCER HOSPITAL, 6,859
156
the proposed safeguards are adequate to protect the identity of 6,861
each patient whose records will be reviewed. 6,862
(c) An agreement is executed between the department CANCER 6,864
HOSPITAL and the researcher that specifies the terms of the 6,866
researcher's use of the records and prohibits the publication or 6,867
release of the names of individual cancer patients or any facts 6,868
tending to lead to the identification of individual cancer 6,869
patients.
(2) Notwithstanding division (B)(1) of this section, a 6,871
researcher may, with the approval of the department CANCER 6,872
HOSPITAL, use the names of individual cancer patients when 6,874
requesting additional information for research purposes or 6,875
soliciting a patient's participation in a research project. If a 6,876
researcher requests additional information or a cancer patient's 6,877
participation in a research project, the researcher shall first 6,878
obtain the oral or written consent of the patient's attending 6,879
physician. If the consent of the patient's attending physician 6,880
is obtained, the researcher shall obtain the patient's written 6,881
consent by having the patient complete a release of confidential 6,882
information form.
(3) The department CANCER HOSPITAL may release 6,884
confidential information concerning individual cancer patients to 6,886
physicians for diagnostic and treatment purposes if the patient's 6,887
attending physician gives oral or written consent to the release 6,888
of the information and the patient gives written consent by 6,889
completing a release of confidential information form. 6,890
(4) The department CANCER HOSPITAL may release 6,892
confidential information concerning individual cancer patients to 6,894
the cancer registry of another state, if the other state has 6,895
entered into a reciprocal agreement with the department CANCER 6,896
HOSPITAL and the agreement provides that the state will comply 6,898
with this section and that information identifying a patient will 6,899
not be released to any person without the written consent of the 6,900
patient.
157
(C) Nothing in this section prevents the release to any 6,902
person of epidemiological information that does not identify 6,903
individual cancer patients. 6,904
(D) No person shall fail to comply with the 6,906
confidentiality requirements of this section. 6,907
Sec. 3335.99. WHOEVER VIOLATES DIVISION (I) OF SECTION 6,909
3335.61 OR DIVISION (D) OF SECTION 3335.62 OF THE REVISED CODE IS 6,910
GUILTY OF A MINOR MISDEMEANOR ON A FIRST OFFENSE. ON EACH 6,911
SUBSEQUENT OFFENSE, THE PERSON IS GUILTY OF A MISDEMEANOR OF THE 6,912
FOURTH DEGREE.
Sec. 3353.06. (A) THE AFFILIATES SERVICES FUND IS HEREBY 6,914
CREATED IN THE STATE TREASURY. THE OHIO EDUCATIONAL 6,915
TELECOMMUNICATIONS NETWORK COMMISSION SHALL DEPOSIT ANY MONEY IT 6,916
RECEIVES TO THE CREDIT OF THE FUND, INCLUDING: 6,917
(1) REIMBURSEMENTS FOR SERVICES PROVIDED TO STATIONS; 6,919
(2) CHARGES LEVIED FOR MAINTENANCE OF TELECOMMUNICATIONS, 6,921
BROADCASTING, OR TRANSMISSION EQUIPMENT; 6,922
(3) CONTRACT OR GRANT PAYMENTS. 6,924
(B) THE COMMISSION SHALL USE MONEY CREDITED TO THE 6,926
AFFILIATES SERVICES FUND FOR ANY COMMISSION OPERATING PURPOSES, 6,927
INCLUDING:
(1) THE PURCHASE, REPAIR, OR MAINTENANCE OF 6,929
TELECOMMUNICATIONS, BROADCASTING, OR TRANSMISSION EQUIPMENT; 6,930
(2) THE PURCHASE OR LEASE OF EDUCATIONAL PROGRAMMING; 6,932
(3) THE PURCHASE OF TAPE AND MAINTENANCE OF A MEDIA 6,934
LIBRARY;
(4) PROFESSIONAL DEVELOPMENT PROGRAMS AND SERVICES; 6,936
(5) ADMINISTRATIVE EXPENSES AND LEGAL FEES. 6,938
Sec. 3375.90. Public libraries in two or more counties, or 6,947
four or more libraries, including two or more types, within a 6,949
metropolitan area, as defined by the state library board, may 6,950
form a regional library system by agreement in the manner set 6,952
forth in this section.
(A) The libraries authorized to form a regional library 6,955
158
system may include any of the following types of libraries: 6,957
academic, public, special, and school, including cooperative 6,958
ventures established by two or more school districts. For the 6,959
purposes of this section, such THOSE libraries may be serving the 6,960
general public, public or private schools, colleges or 6,961
universities, or a profession, occupation, or business. 6,962
An agreement for the formation of a regional library system 6,965
shall first be approved by the governing bodies of the 6,966
participating libraries. For the purposes of this section, the 6,967
"governing body of a library" means the board of trustees of a 6,969
public library, or the board of education of a public school or 6,970
school system if the library is a public school library, or 6,971
otherwise the board of trustees or directors or other recognized 6,972
governing board or committee of any private school, college, 6,973
university, association, or union, public or private, which 6,975
provides, controls, or maintains a library which THAT is intended 6,977
to be a participating library.
(B) Except as otherwise provided in division (D) of this 6,980
section, the agreement and an application for the formation of
the regional library system shall be submitted to the state 6,982
library board in the form and in accordance with rules prescribed 6,983
by the state library board, with a plan of service describing the 6,984
specific purposes for which the system is formed and the means by 6,985
which such THOSE purposes are to be accomplished.
(C) Upon approval of the application by the state library 6,987
board and the making by that board or some other authority or 6,988
authorities of a grant or grants for the system, the regional 6,989
library system shall become operable. The state library board 6,990
shall approve no more than eleven SEVEN regional library systems. 6,991
A regional library system shall be governed by a board of 6,994
trustees consisting of at least seven and no more than fifteen 6,995
persons, to be selected from among the representatives of the 6,996
participating libraries, duly appointed as such representatives 6,997
by the governing bodies of the participating libraries. 6,998
159
The number of trustees, the manner of selection, the terms 7,000
of office, and the provisions for filling vacancies shall be 7,002
determined by the agreement between the governing bodies of the 7,003
participating libraries, and shall be set forth in the 7,005
application submitted to the state library board. Nothing
pertaining to the organization and operation of a regional 7,006
library system shall be construed to infringe upon the autonomy 7,008
of any participating library or of the governing body of any 7,009
library.
(D) No area library service organization or metropolitan 7,011
library system in existence on the effective date of this 7,012
amendment MARCH 30, 1999, shall be required to submit a new 7,014
agreement and application to the state library board in order to 7,015
continue operation as a regional library system on and after that
date. Any agreement that applied under this section immediately 7,016
prior to the effective date of this amendment MARCH 30, 1999, to 7,018
an area library service organization or metropolitan library 7,019
system that continues operation as a regional library system 7,020
under this division shall continue to govern the applicable
regional library system to the extent authorized by sections 7,021
3375.90 to 3375.93 of the Revised Code. 7,022
Sec. 3383.08. There is hereby created in the state 7,031
treasury the capital donations fund, which shall be administered 7,032
by the Ohio arts and sports facilities commission. The fund 7,033
shall consist of gifts, grants, devises, bequests, and other 7,034
financial contributions made to the commission for the
construction or improvement of arts and sports facilities and 7,035
shall be used in accordance with the specific purposes for which 7,037
the gifts, grants, devises, bequests, or other financial 7,038
contributions are made. All investment earnings of the fund 7,039
shall be credited to the fund. Chapters 123., 125., 127., and 7,040
153. and section 3517.13 of the Revised Code do not apply to 7,041
contracts paid from the fund, notwithstanding anything to the 7,042
contrary in those chapters or that section. 7,043
160
Not later than the tenth day of each ONE month FOLLOWING 7,045
THE END OF EACH QUARTER OF THE FISCAL YEAR, the commission shall 7,046
allocate the amounts credited to the fund FROM INVESTMENT 7,047
EARNINGS during the THAT preceding month QUARTER OF THE FISCAL 7,048
YEAR among the specific projects for which they are to be used 7,050
and shall certify this information to the director of budget and 7,052
management. Investment earnings of the fund shall be allocated 7,054
in the same manner as the gifts, grants, devises, bequests, and
other financial contributions to which they are attributable. 7,056
If the amounts credited to the fund for a particular 7,059
project exceed what is required to complete that project, the
commission may refund any such OF THOSE excess amounts, including 7,061
unexpended investment earnings attributable to those amounts, to 7,063
the entity from which they were received. 7,064
Sec. 3517.152. (A)(1) There is hereby created the Ohio 7,074
elections commission consisting of seven members.
Not later than forty-five days after the effective date of 7,076
this section AUGUST 24, 1995, the speaker of the house of 7,079
representatives and the leader in the senate of the political 7,080
party of which the speaker is a member shall jointly submit to
the governor a list of five persons who are affiliated with that 7,081
political party. Not later than forty-five days after the 7,082
effective date of this section AUGUST 24, 1995, the two 7,084
legislative leaders in the two houses of the general assembly of
the major political party of which the speaker is not a member 7,085
shall jointly submit to the governor a list of five persons who 7,086
are affiliated with the major political party of which the 7,088
speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons 7,089
from each list to the commission. The governor shall appoint one 7,091
person from each list to a term that ends on December 31, 1996, 7,093
one person from each list to a term that ends on December 31, 7,094
1997, and one person from each list to a term that ends on 7,095
December 31, 1998.
161
Not later than thirty days after the governor appoints 7,097
these six members, they shall, by a majority vote, appoint to the 7,099
commission a seventh member, who shall not be affiliated with a 7,100
political party. If the six members fail to appoint the seventh 7,101
member within this thirty-day period, the chief justice of the 7,102
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 7,103
member, shall appoint the seventh member, who shall not be 7,104
affiliated with a political party. The seventh member shall be 7,105
appointed to a term that ends on December 31, 2001. Terms of the 7,106
initial members appointed under division (A)(1) of this section 7,107
begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 7,109
member, who is not affiliated with a political party, the six 7,110
remaining members by a majority vote shall appoint, not later 7,111
than fifteen days after the date of the vacancy, the seventh 7,112
member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh 7,113
member within this fifteen-day period, the chief justice of the 7,114
supreme court, within fifteen days after the end of this period, 7,115
shall appoint the seventh member, who shall not be affiliated 7,116
with a political party. If a vacancy occurs in any of the other 7,117
six positions on the commission, the legislative leaders of the 7,118
political party from whose list of persons the member being
replaced was appointed shall submit to the governor, not later 7,119
than thirty days after the date of the vacancy, a list of three 7,120
persons who are affiliated with that political party. Not later 7,121
than fifteen days after receiving the list, the governor shall 7,122
appoint one person from the list to the commission.
(3) At no time shall more than six members of the 7,124
commission be affiliated with a political party and, of these six 7,125
members, not more than three shall be affiliated with the same 7,126
political party. 7,127
(4) In making appointments to the commission, the governor 7,130
162
shall take into consideration the various geographic areas of 7,131
this state and shall appoint members so that those areas are 7,132
represented on the commission in a balanced manner, to the extent 7,133
feasible.
(5) Members of the commission shall be registered electors 7,136
and shall be of good moral character. 7,137
(B) Each member of the commission shall hold office from 7,140
the date of the member's appointment until the end of the term 7,141
for which the member was appointed. A member appointed to fill a 7,142
vacancy occurring prior to the expiration of the term for which 7,143
the member's predecessor was appointed shall hold office for the 7,144
remainder of that term. A member shall continue in office 7,145
subsequent to the expiration date of the member's term until the 7,146
member's successor takes office or until a period of sixty days 7,148
has elapsed, whichever occurs first. After the initial terms of 7,149
office provided for in division (A)(1) of this section, terms of 7,150
office shall be for five years. 7,151
(C) A vacancy in the Ohio elections commission may be 7,154
caused by death, resignation, or three absences from commission 7,155
meetings in a calendar year if those absences are caused by 7,156
reasons declared invalid by a vote of five members of the 7,157
remaining members of the commission.
(D) Each member of the commission while in the performance 7,160
of the business of the commission shall be entitled to receive 7,161
compensation at the rate of twenty-five thousand dollars per 7,162
year. Members shall be reimbursed for expenses actually and 7,163
necessarily incurred in the performance of their duties. 7,164
(E) No member of the commission shall serve more than one 7,167
full term unless the terms served are served nonconsecutively. 7,168
(F)(1) No member of the commission shall do or be any of 7,171
the following:
(a) Hold, or be a candidate for, a public office; 7,174
(b) Serve on a committee supporting or opposing a 7,177
candidate or ballot question or issue;
163
(c) Be an officer of the state central committee, A COUNTY 7,180
CENTRAL COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, or OTHER 7,181
COMMITTEE OF A POLITICAL PARTY OR AN OFFICER of the executive 7,182
committee of the state central committee, A COUNTY CENTRAL 7,183
COMMITTEE, OR A DISTRICT, CITY, TOWNSHIP, OR OTHER COMMITTEE of a 7,184
political party;
(d) Be a legislative agent as defined in section 101.70 of 7,187
the Revised Code or an executive agency lobbyist as defined in 7,188
section 121.60 of the Revised Code; 7,189
(e) Solicit or be involved in soliciting contributions on 7,192
behalf of a candidate, campaign committee, political party, 7,193
political action committee, or political contributing entity; 7,194
(f) Be in the unclassified service under section 124.11 of 7,197
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 7,200
to (15) of section 4117.01 of the Revised Code. 7,201
(2) No member or employee of the commission shall make a 7,204
contribution to, or for the benefit of, a campaign committee or 7,205
committee in support of or opposition to a ballot question or 7,206
issue, a political party, a legislative campaign fund, a 7,207
political action committee, or a political contributing entity. 7,208
(G)(1) The members of the commission shall elect a 7,210
chairperson and a vice-chairperson. At no time shall the 7,212
chairperson and vice-chairperson be affiliated with the same 7,214
political party. The chairperson shall serve in that capacity 7,215
for one year and shall not serve as chairperson more than twice 7,217
during a term as a member of the commission. No two successive 7,218
chairpersons shall be affiliated with the same political party. 7,219
(2) The commission shall meet at the call of the 7,221
chairperson or upon the written request of a majority of the 7,222
members. The meetings and hearings of the commission or a panel 7,223
of the commission under sections 3517.153 to 3517.157 of the 7,224
Revised Code are subject to section 121.22 of the Revised Code. 7,225
(3) The commission shall adopt rules for its procedures in 7,228
164
accordance with Chapter 119. of the Revised Code. Five of the 7,229
seven members constitute a quorum. Except as otherwise provided 7,230
in this section and in sections 3517.154 to 3517.157 of the 7,231
Revised Code, no action shall be taken without the concurrence of 7,232
a majority of the members. 7,233
(H)(1) The commission shall employ the technical, 7,236
professional, and clerical employees that are necessary for it to 7,237
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 7,240
the commission shall employ a full-time attorney, and, as needed, 7,242
one or more investigatory attorneys to conduct investigations for 7,244
the commission or a panel of the commission. The commission may 7,245
employ or contract for the services of additional attorneys, as 7,246
needed. The full-time attorney shall do all of the following: 7,247
(i) Serve as the commission's attorney in regard to all 7,250
legal matters, including representing the commission at appeals 7,251
from a final determination of the commission, except that the 7,252
full-time attorney shall not perform the duties that an 7,253
investigatory attorney is required or requested to perform or 7,254
that another attorney the commission employs or contracts with 7,255
for services is required or requested to perform, and shall not 7,256
represent the commission in any legal proceeding in which the 7,257
commission is a named party;
(ii) At the request of the commission or a panel of the 7,260
commission, be present at a hearing held under sections 3517.154 7,261
to 3517.156 of the Revised Code to rule on the admissibility of 7,262
evidence and to advise on the conduct of procedure; 7,263
(iii) Perform other duties as required by rule of the 7,266
commission.
(b) An attorney employed by or under contract with the 7,269
commission shall be licensed to practice law in this state. 7,270
(3)(a) Except as otherwise provided in division (H)(3)(b) 7,273
of this section, at least five members of the commission shall 7,274
agree on the employment of a person, a majority of the members 7,275
165
shall agree on the discharge of an employee, and a person 7,276
employed by the commission shall serve at the pleasure of the 7,277
commission.
(b) At least five of the seven members shall agree on the 7,279
discharge of an investigatory attorney. 7,281
Sec. 3701.04. (A) The director of health shall: 7,290
(1) Require such reports and make such inspections and 7,292
investigations as the director considers necessary; 7,293
(2) Provide such methods of administration, appoint such 7,295
personnel, make such reports, and take such other action as may 7,296
be necessary to comply with the requirements of the federal act 7,297
and the regulations thereunder; 7,298
(3) Procure by contract the temporary or intermittent 7,300
services of experts or consultants or organizations thereof when 7,301
such services are to be performed on a part-time or 7,302
fee-for-service basis and do not involve the performance of 7,303
administrative duties; 7,304
(4) Enter into agreements for the utilization of the 7,306
facilities and services of other departments, agencies, and 7,307
institutions, public or private; 7,308
(5) Accept on behalf of the state, and deposit in the 7,310
state treasury to the credit of the general operations fund 7,311
created in section 3701.83 of the Revised Code, any grant, gift, 7,312
or contribution made to assist in meeting the cost of carrying 7,313
out the director's responsibilities and expend the grant, gift, 7,314
or contribution for such purpose. Fees collected by the director 7,315
in connection with meetings and conferences shall also be 7,316
credited to the fund and expended for the purposes for which 7,317
paid.
(6) Make an annual report to the governor on activities 7,319
and expenditures, including recommendations for such additional 7,320
legislation as the director considers appropriate to furnish 7,321
adequate hospital, clinic, and similar facilities to the people 7,322
of this state.
166
(B) The director of health may enter into agreements to 7,325
sell services offered by the department to other departments,
agencies, and institutions of the state. Fees collected by the 7,326
director for the sale of services under this division shall be 7,327
deposited into the state treasury to the credit of the general 7,328
operations fund created in section 3701.83 of the Revised Code. 7,329
(C) If authorized by federal statute or regulation, the 7,332
director of health may establish and collect fees for conducting 7,333
the initial certification of any person or entity as a provider
of health services for purposes of the medicare program 7,334
established under Title XVIII of the "Social Security Act," 49 7,335
Stat. 620 (1935), 42 U.S.C.A. 301, as amended. The fee 7,336
established for conducting an initial medicare certification 7,337
shall not exceed the actual and necessary costs incurred by the
department of health in conducting the certification. 7,338
All fees collected under this division shall be deposited 7,340
into the state treasury to the credit of the medicare initial 7,341
certification fund, which is hereby created. Money credited to 7,342
the fund shall be used solely to pay the costs of conducting 7,343
initial medicare certifications.
Sec. 3701.043. IF AUTHORIZED BY FEDERAL STATUTE OR 7,345
REGULATION, THE DIRECTOR OF HEALTH MAY ESTABLISH AND COLLECT FEES 7,346
FOR CONDUCTING THE INITIAL CERTIFICATION OF ANY PERSON OR ENTITY 7,347
AS A PROVIDER OF HEALTH SERVICES FOR PURPOSES OF THE MEDICARE 7,348
PROGRAM ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY 7,350
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED. THE FEE 7,351
ESTABLISHED FOR CONDUCTING AN INITIAL MEDICARE CERTIFICATION 7,352
SHALL NOT EXCEED THE ACTUAL AND NECESSARY COSTS INCURRED BY THE
DEPARTMENT OF HEALTH IN CONDUCTING THE CERTIFICATION. 7,353
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED 7,355
INTO THE STATE TREASURY TO THE CREDIT OF THE MEDICARE INITIAL 7,356
CERTIFICATION FUND, WHICH IS HEREBY CREATED. MONEY CREDITED TO 7,357
THE FUND SHALL BE USED SOLELY TO PAY THE COSTS OF CONDUCTING 7,358
INITIAL MEDICARE CERTIFICATIONS.
167
Sec. 3701.044. WHEN THE DIRECTOR OF HEALTH OR DEPARTMENT 7,360
OF HEALTH IS REQUIRED OR AUTHORIZED TO CONDUCT OR ADMINISTER AN 7,361
EXAMINATION OR EVALUATION OF INDIVIDUALS FOR THE PURPOSE OF 7,362
DETERMINING COMPETENCY OR FOR THE PURPOSE OF ISSUING A LICENSE, 7,363
CERTIFICATE, REGISTRATION, OR OTHER AUTHORITY TO PRACTICE OR 7,364
PERFORM DUTIES, THE DIRECTOR OR DEPARTMENT MAY PROVIDE FOR THE 7,365
EXAMINATION OR EVALUATION BY CONTRACTING WITH ANY PUBLIC OR 7,366
PRIVATE ENTITY TO CONDUCT OR ADMINISTER THE EXAMINATION OR 7,367
EVALUATION. THE CONTRACT MAY AUTHORIZE THE ENTITY TO COLLECT AND 7,368
RETAIN, AS ALL OR PART OF THE ENTITY'S COMPENSATION UNDER THE 7,369
CONTRACT, ANY FEE PAID BY AN INDIVIDUAL FOR THE EXAMINATION OR 7,370
EVALUATION. AN ENTITY AUTHORIZED TO COLLECT AND RETAIN A FEE IS 7,371
NOT REQUIRED TO DEPOSIT THE FEE INTO THE STATE TREASURY. 7,372
EXCEPT WHEN CONSIDERED TO BE NECESSARY BY THE DIRECTOR OR 7,374
DEPARTMENT, THE DIRECTOR OR DEPARTMENT SHALL NOT DISCLOSE TEST 7,375
MATERIALS, EXAMINATIONS, OR EVALUATION TOOLS USED IN ANY 7,376
EXAMINATION OR EVALUATION THE DIRECTOR OR DEPARTMENT CONDUCTS, 7,377
ADMINISTERS, OR PROVIDES FOR BY CONTRACT. THE TEST MATERIALS, 7,378
EXAMINATIONS, AND EVALUATION TOOLS ARE NOT PUBLIC RECORDS FOR THE 7,379
PURPOSE OF SECTION 149.43 OF THE REVISED CODE AND ARE NOT SUBJECT 7,380
TO INSPECTION OR COPYING UNDER SECTION 1347.08 OF THE REVISED 7,381
CODE.
Sec. 3701.99. (A) Whoever violates section 3701.25 of the 7,390
Revised Code is guilty of a minor misdemeanor on a first offense; 7,391
on each subsequent offense, the person is guilty of a misdemeanor 7,392
of the second degree. 7,393
(B) Whoever violates division (I) of section 3701.262, 7,395
division (D) of section 3701.263, or section 3701.352 or sections 7,396
3701.46 to 3701.55 of the Revised Code is guilty of a minor 7,397
misdemeanor on a first offense; on each subsequent offense, the 7,398
person is guilty of a misdemeanor of the fourth degree. 7,399
(C) Whoever violates section 3701.82 of the Revised Code 7,401
is guilty of a misdemeanor of the first degree. 7,402
(D) Whoever violates section 3701.81 of the Revised Code 7,404
168
is guilty of a misdemeanor of the second degree. 7,405
(E) Whoever violates division (G) of section 3701.88 of 7,407
the Revised Code shall be fined not more than one hundred 7,408
dollars. Each day the violation continues is a separate offense. 7,409
Sec. 3702.111. (A) NOTWITHSTANDING THE AUTHORITY OF THE 7,411
DIRECTOR OF HEALTH TO ADOPT RULES UNDER SECTION 3702.11 OF THE 7,412
REVISED CODE, A HOSPITAL THAT MEETS THE FOLLOWING REQUIREMENTS 7,413
MAY ESTABLISH, WITHOUT AN OPEN HEART SURGERY SERVICE AND THE 7,414
PERSONNEL TO PERFORM THE SERVICE AT THE SAME LOCATION, A CARDIAC 7,415
CATHETERIZATION SERVICE FOR DIAGNOSING ADULT PATIENTS OTHER THAN 7,416
THOSE WHO MEET THE CRITERIA IN THOSE RULES FOR IDENTIFYING HIGH 7,417
RISK CONDITIONS FOR CARDIAC CATHETERIZATION:
(1) THE HOSPITAL IS CLASSIFIED AS A GENERAL HOSPITAL IN 7,419
RULES ADOPTED UNDER SECTION 3701.07 OF THE REVISED CODE. 7,420
(2) THE HOSPITAL HAS AT LEAST ONE HUNDRED BEDS REGISTERED 7,422
UNDER SECTION 3701.07 OF THE REVISED CODE. 7,423
(3) THE HOSPITAL IS LOCATED IN A COUNTY THAT, AS OF THE 7,425
DATE THE SERVICE IS ESTABLISHED, HAS A POPULATION OF MORE THAN 7,426
FORTY-FOUR THOUSAND BUT LESS THAN SIXTY THOUSAND AS PROVIDED IN 7,427
THE MOST RECENT DECENNIAL CENSUS FIGURES FROM THE UNITED STATES 7,428
DEPARTMENT OF COMMERCE, DIVISION OF CENSUS. 7,429
(B) A HOSPITAL THAT ESTABLISHES A CARDIAC CATHETERIZATION 7,431
SERVICE PURSUANT TO DIVISION (A) OF THIS SECTION SHALL COMPLY 7,432
WITH ALL THE FOLLOWING: 7,433
(1) A CARDIAC CATHETERIZATION PROCEDURE MAY BE PERFORMED 7,435
ON A PATIENT ONLY IF, PRIOR TO PERFORMING THE PROCEDURE, AN 7,436
ATTENDING PHYSICIAN CONSULTS WITH THE PATIENT TO DETERMINE THAT 7,437
THE PATIENT DOES NOT MEET THE CRITERIA FOR IDENTIFYING HIGH RISK 7,438
CONDITIONS FOR CARDIAC CATHETERIZATION OR, IN THE CASE OF AN 7,439
EMERGENCY, THE PHYSICIAN DETERMINES THAT TRANSFERRING THE PATIENT
IS NOT RECOMMENDED. 7,440
(2) THE MEDICAL DIRECTOR OF THE CARDIAC CATHETERIZATION 7,442
SERVICE SHALL MONITOR AND ENSURE THAT EACH PROCEDURE IS PERFORMED 7,443
IN ACCORDANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE 7,444
169
AND WITH THE PATIENT SELECTION CRITERIA ESTABLISHED IN RULES 7,445
ADOPTED UNDER SECTION 3702.11 OF THE REVISED CODE.
(3) THE HOSPITAL SHALL MAINTAIN A WRITTEN PROTOCOL FOR 7,447
EMERGENCY CARE AND TRANSFER OF PATIENTS WHO REQUIRE EMERGENCY 7,448
OPEN HEART SURGERY DURING OR IMMEDIATELY AFTER A CARDIAC 7,449
CATHETERIZATION PROCEDURE.
(4) THE HOSPITAL SHALL MAINTAIN A FORMAL WRITTEN AGREEMENT 7,451
WITH ANOTHER HOSPITAL FOR THE PURPOSE OF PROVIDING EMERGENCY OPEN 7,452
HEART SURGERY TO PATIENTS DESCRIBED IN DIVISION (B)(3) OF THIS 7,453
SECTION. THE OTHER HOSPITAL MUST BE ONE THAT MAINTAINS AN OPEN 7,454
HEART SURGERY SERVICE IN COMPLIANCE WITH RULES ADOPTED UNDER 7,455
SECTION 3702.11 OF THE REVISED CODE AND IS AT A LOCATION TO WHICH
PATIENTS CAN BE TRANSPORTED WITHIN A REASONABLE TIME BY AVAILABLE 7,457
EMERGENCY VEHICLE. 7,458
(5) THE HOSPITAL SHALL COMPLY WITH ALL OTHER SAFETY 7,460
STANDARDS, QUALITY-OF-CARE STANDARDS, AND DATA REPORTING 7,462
REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3702.11 7,463
OF THE REVISED CODE.
Sec. 3702.52. The director of health shall administer a 7,473
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under 7,474
those sections. 7,475
(A) The director shall issue rulings on whether a 7,477
particular proposed project is a reviewable activity. The 7,478
director shall issue a ruling not later than forty-five days 7,479
after receiving a request for a ruling accompanied by the 7,480
information needed to make the ruling. If the director does not 7,481
issue a ruling in that time, the project shall be considered to 7,482
have been ruled not a reviewable activity. 7,483
(B) The director shall review applications for 7,485
certificates of need. Each application shall be submitted to the 7,486
director on forms prescribed by the director, shall include all 7,487
information required by rules adopted under division (B) of 7,488
section 3702.57 of the Revised Code, and shall be accompanied by 7,489
170
the application fee established in rules adopted under division 7,490
(G) of that section. Application fees received by the director 7,491
under this division shall be deposited into the state treasury to 7,492
the credit of the certificate of need fund, which is hereby 7,493
created. The director shall use the fund only to pay the costs 7,494
of administering sections 3702.51 to 3702.62 of the Revised Code 7,495
and rules adopted under those sections, and to make payments to 7,496
health service agencies under division (H) of this section. 7,497
The director shall mail to the applicant a written notice 7,499
that the application meets the criteria for a complete 7,500
application specified in rules adopted under section 3702.57 of 7,501
the Revised Code, or a written request for additional
information, not later than fifteen days after receiving an 7,503
application or a response to an earlier request for information.
The director shall not make more than two requests for additional 7,504
information.
The director may conduct a public informational hearing in 7,506
the course of reviewing any application for a certificate of 7,507
need, and shall conduct one if requested to do so by any affected 7,508
person not later than fifteen days after the director mails the 7,509
notice that the application is complete. The hearing shall be 7,510
conducted in the community in which the activities authorized by
the certificate of need would be carried out. Any affected 7,511
person may testify at the hearing. The director may, with the 7,512
health service agency's consent, designate a health service 7,513
agency to conduct the hearing.
Except during a public hearing or as necessary to comply 7,515
with a subpoena issued under division (F) of this section, after 7,517
a notice of completeness has been received, no person shall 7,518
knowingly discuss in person or by telephone the merits of the 7,520
application with the director. If one or more persons request a
meeting in person or by telephone, the director shall make a 7,522
reasonable effort to invite interested parties to the meeting or 7,523
conference call.
171
(C) Divisions (C)(1) to (7) of this section apply to 7,526
certificate of need applications for which the director had not 7,528
issued a written decision prior to April 20, 1995, unless the 7,529
director was required, under the version of this section in 7,530
effect immediately prior to the effective date of this amendment 7,531
JUNE 30, 1995, to grant a certificate of need prior to the 7,533
effective date of this amendment JUNE 30, 1995, because of a lack 7,535
of written objections from any affected person. Divisions (C)(1) 7,536
to (7) of this section do not invalidate any certificate of need 7,537
that the director was required to grant prior to the effective 7,538
date of this amendment JUNE 30, 1995, under that circumstance. 7,539
(1) The director shall grant a certificate of need for the 7,542
entire project that is the subject of the application immediately
after both of the following conditions are met: 7,544
(a) The board of trustees of the health service agency of 7,547
the health service area in which the reviewable activity is 7,548
proposed to be conducted recommends, prior to the deadline 7,549
specified in division (C)(4) of this section or any extension of 7,550
it under division (C)(5) of this section, that the certificate of 7,551
need be granted;
(b) The director receives no written objections to the 7,553
application from any affected person by the later of May 20, 7,554
1995, or thirty days after the director mails the notice of 7,555
completeness.
(2) In the case of applications under comparative review, 7,557
the director shall grant certificates of need for the entire 7,558
projects that are the subject of the applications immediately 7,559
after both of the following conditions are met:
(a) The board of trustees of the health service agency of 7,561
each health service area in which the reviewable activities are 7,562
proposed to be conducted recommends, prior to the deadline 7,563
specified in division (C)(4) of this section or any extension of 7,564
it under division (C)(5) of this section, that certificates of 7,565
need be granted for each of the reviewable activities to be
172
conducted in its health service area; 7,566
(b) The director receives no written objections to any of 7,568
the applications from any affected person by the later of May 20, 7,569
1995, or thirty days after the director mails the last notice of 7,570
completeness.
The director's grant of a certificate of need under 7,572
division (C)(1) or (2) of this section does not affect, and sets 7,573
no precedent for, the director's decision to grant or deny other 7,574
applications for similar reviewable activities proposed to be 7,575
conducted in the same or different health service areas.
(3) If the director receives written objections to an 7,578
application from any affected person by the later of May 20, 7,579
1995, or thirty days after mailing the notice of completeness, 7,580
regardless of the health service agency's recommendation, the 7,581
director shall notify the applicant and assign a hearing examiner 7,583
to conduct an adjudication hearing concerning the application in 7,584
accordance with Chapter 119. of the Revised Code. In the case of 7,586
applications under comparative review, if the director receives 7,587
written objections to any of the applications from any affected 7,589
person by the later of May 20, 1995, or thirty days after the 7,590
director mails the last notice of completeness, regardless of the 7,592
health service agencies' recommendation, the director shall 7,594
notify all of the applicants and appoint a hearing examiner to 7,595
conduct a consolidated adjudication hearing concerning the 7,596
applications in accordance with Chapter 119. of the Revised Code. 7,598
The hearing examiner shall be employed by or under contract with 7,599
the department of health. 7,600
The adjudication hearings may be conducted in the health 7,603
service area in which the reviewable activity is proposed to be
conducted. Consolidated adjudication hearings for applications 7,605
in comparative review may be conducted in the geographic region 7,606
in which all of the reviewable activities will be conducted. The 7,607
applicant, the director, and the affected persons that filed 7,608
objections to the application shall be parties to the hearing. 7,609
173
If none of the affected persons that submitted written objections 7,610
to the application appears or prosecutes the hearing, the hearing 7,611
examiner shall dismiss the hearing and the director shall grant a 7,613
certificate of need for the entire project that is the subject of 7,614
the application. The affected persons bear the burden of proving 7,615
by a preponderance of evidence that the project is not needed or 7,616
that granting the certificate would not be in accordance with 7,617
sections 3702.51 to 3702.62 of the Revised Code or the rules 7,618
adopted under section 3702.57 of the Revised Code. 7,619
(4) Except as provided in divisions (C)(1) and (2) of this 7,622
section, the director shall grant or deny certificate of need 7,623
applications for which an adjudication hearing is not conducted 7,624
under division (C)(3) of this section not later than ninety days 7,626
after mailing the notice of completeness or, in the case of an 7,627
application proposing addition of long-term care beds, not later 7,628
than ninety days after such other time as is specified in rules 7,629
adopted under section 3702.57 of the Revised Code. The director 7,631
shall grant or deny certificate of need applications for which an 7,633
adjudication hearing is conducted under division (C)(3) of this 7,635
section not later than thirty days after the expiration of the 7,636
time for filing objections to the report and recommendation of 7,637
the hearing examiner under section 119.09 of the Revised Code. 7,638
The director shall base decisions concerning applications for 7,639
which an adjudication hearing is conducted under division (C)(3) 7,640
of this section on the report and recommendations of the hearing 7,641
examiner.
(5) Except as otherwise provided in division (C)(1), (2), 7,644
or (6) of this section, the director or the applicant may extend 7,647
the deadline prescribed in division (C)(4) of this section once, 7,649
for no longer than thirty days, by written notice before the end 7,650
of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply to all 7,652
applications that are in comparative review. 7,653
(6) No applicant in a comparative review may extend the 7,655
174
deadline specified in division (C)(4) of this section. 7,656
(7) Except as provided in divisions (C)(1) and (2) of this 7,659
section, the director may grant a certificate of need for all or 7,660
part of the project that is the subject of an application. If 7,661
the director does not grant or deny the certificate by the 7,662
applicable deadline specified in division (C)(4) of this section 7,664
or any extension of it under division (C)(5) of this section, the 7,665
certificate shall be considered to have been granted. The 7,666
director, in reviewing certificate of need applications for solid 7,668
organ transplantation services, may ask for assistance from a 7,669
statewide transplantation advisory group consisting of qualified 7,670
professionals and administrators. Such consultation shall not 7,671
cause the review period for any application to be extended beyond 7,672
the applicable deadline specified in division (C)(4) of this 7,674
section or any extension of it under division (C)(5) of this 7,676
section.
(D) In granting a certificate of need, the director shall 7,678
specify as the maximum capital expenditure the certificate holder 7,679
may obligate under the certificate a figure equal to one hundred 7,680
ten per cent of the approved project cost. 7,681
(E) The director shall monitor the activities of persons 7,684
granted certificates of need concerning long-term care beds
during the period beginning with the granting of the certificate 7,686
of need and ending five years after implementation of the 7,687
activity for which the certificate was granted.
In the case of any other certificate of need, the director 7,689
shall monitor the activities of persons granted certificates of 7,690
need during the period beginning with the granting of the 7,692
certificate of need and ending when the activity for which the 7,693
certificate was granted ceases to be a reviewable activity in 7,694
accordance with section 3702.511 of the Revised Code. 7,695
(F) When reviewing applications for certificates of need 7,698
or monitoring activities of persons granted certificates of need, 7,699
the director may issue and enforce, in the manner provided in 7,701
175
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the production of documents relevant to review of the 7,703
application or monitoring of the activities. In addition, the 7,705
director or the director's designee, which may include a health 7,707
service agency, may visit the sites where the activities are or 7,708
will be conducted.
(G) The director may withdraw certificates of need. 7,710
(H) The director shall pay, to each health service agency 7,712
that engages in one or more of the functions identified in 7,713
division (D)(5) of section 3702.58 of the Revised Code with 7,714
respect to an application for a certificate of need, one-third of 7,715
the application fee paid under division (B) of this section, 7,716
subject to a maximum of four thousand dollars. The amount paid 7,717
under this division to each health service agency during each 7,719
fiscal year shall not be less than the amount received by the 7,720
health service agency between July 1, 1988, and June 30, 1989, or 7,721
the amount received by the agency between January 1, 1988, and 7,722
December 31, 1988, whichever is greater.
(I) The director shall conduct, on a regular basis, health 7,724
system data collection and analysis activities and prepare 7,725
reports. The director shall make recommendations based upon 7,726
these activities to the public health council concerning the 7,727
adoption of appropriate rules under section 3702.57 of the 7,728
Revised Code. All health care facilities and other health care 7,729
providers shall submit to the director, upon request, any 7,730
information that is necessary to conduct reviews of certificate 7,731
of need applications and to develop recommendations for criteria 7,732
for reviews, and that is prescribed by rules adopted under 7,733
division (H) of section 3702.57 of the Revised Code. 7,734
(J)(I) Any decision to grant or deny a certificate of need 7,736
shall consider the special needs and circumstances resulting from 7,737
moral and ethical values and the free exercise of religious 7,738
rights of health care facilities administered by religious 7,739
organizations, and the special needs and circumstances of 7,740
176
children's hospitals, inner city hospitals, and small rural 7,741
hospitals.
Sec. 3702.57. (A) The public health council shall adopt 7,750
rules establishing procedures and criteria for reviews of 7,751
applications for certificates of need and issuance, denial, or 7,752
withdrawal of certificates. 7,753
(1) The rules shall require that, in addition to any other 7,756
applicable review requirements of sections 3702.51 to 3702.62 of 7,757
the Revised Code and rules adopted thereunder, any application 7,758
for a certificate of need from an osteopathic hospital be 7,759
reviewed on the basis of the need for and the availability in the 7,760
community of services and hospitals for osteopathic physicians 7,761
and their patients, and in terms of its impact on existing and 7,762
proposed institutional training programs for doctors of 7,763
osteopathy and doctors of medicine at the student, internship, 7,764
and residency training levels. 7,765
(2) In adopting rules that establish criteria for reviews 7,767
of applications of certificates of need, the council shall 7,768
consider the availability of and need for long-term care beds to 7,769
provide care and treatment to persons diagnosed as having 7,770
traumatic brain injuries and shall prescribe criteria for 7,771
reviewing applications that propose to add long-term care beds to 7,772
provide care and treatment to persons diagnosed as having 7,773
traumatic brain injuries. 7,774
(3) The criteria for reviews of applications for 7,776
certificates of need shall relate to the need for the reviewable 7,777
activity and shall pertain to all of the following matters: 7,778
(a) The impact of the reviewable activity on the cost and 7,780
quality of health services in the relevant geographic area, 7,781
including, but not limited, to the historical and projected 7,782
utilization of the services to which the application pertains and 7,783
the effect of the reviewable activity on utilization of other 7,784
providers of similar services; 7,785
(b) The quality of the services to be provided as the 7,787
177
result of the activity, as evidenced by the historical 7,788
performance of the persons that will be involved in providing the 7,790
services and by the provisions that are proposed in the 7,791
application to ensure quality, including but not limited to 7,792
adequate available personnel, available ancillary and support 7,793
services, available equipment, size and configuration of physical 7,794
plant, and relations with other providers; 7,795
(c) The impact of the reviewable activity on the 7,797
availability and accessibility of the type of services proposed 7,798
in the application to the population of the relevant geographic 7,799
area, and the level of access to the services proposed in the 7,800
application that will be provided to medically underserved 7,801
individuals such as recipients of public assistance and 7,802
individuals who have no health insurance or whose health 7,803
insurance is insufficient; 7,804
(d) The activity's short- and long-term financial 7,806
feasibility and cost-effectiveness, the impact of the activity on 7,807
the applicant's costs and charges, and a comparison of the 7,809
applicant's costs and charges with those of providers of similar 7,810
services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of 7,812
alternatives to the reviewable activity; 7,813
(f) The impact of the activity on all other providers of 7,816
similar services in the health service area or other relevant 7,817
geographic area, including the impact on their utilization, 7,818
market share, and financial status;
(g) The historical performance of the applicant and 7,821
related or affiliated parties in complying with previously
granted certificates of need and any applicable certification, 7,822
accreditation, or licensure requirements; 7,823
(h) The relationship of the activity to the current 7,826
edition of the state health resources plan issued under section 7,827
3702.521 of the Revised Code;
(i) The historical performance of the applicant and 7,830
178
related or affiliated parties in providing cost-effective health 7,831
care services;
(j) The special needs and circumstances of the applicant 7,834
or population proposed to be served by the proposed project, 7,835
including research activities, prevalence of particular diseases, 7,836
unusual demographic characteristics, cost-effective contractual 7,837
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of the 7,840
proposed site of the activity;
(l) The participation by the applicant in research 7,843
conducted by the United States food and drug administration or 7,844
clinical trials sponsored by the national institutes of health. 7,845
(4) The criteria for reviews of applications may include 7,848
formulas for determining need for beds and services. 7,849
(a) The criteria prescribing formulas shall not, either by 7,851
themselves or in conjunction with any established occupancy 7,852
guidelines, require, as a condition of being granted a 7,853
certificate of need, that a hospital reduce its complement of 7,854
registered beds or discontinue any service that is not related to 7,855
the service or project for which the certificate of need is 7,856
sought. 7,857
(b) With respect to applications to conduct reviewable 7,859
activities that are affected directly by the inpatient occupancy 7,860
of a health care facility, including addition, relocation, or 7,861
recategorization of beds or renovation or other construction 7,862
activities relating to inpatient services, the rules shall 7,863
prescribe criteria for determining whether the scope of the 7,864
proposed project is appropriate in light of the historical and 7,865
reasonably projected occupancy rates for the beds related to the 7,866
project. 7,867
(c) Any rules prescribing criteria that establish ratios 7,869
of beds, services, or equipment to population shall specify the 7,871
bases for establishing the ratios or mitigating factors or 7,872
exceptions to the ratios. 7,873
179
(B) The council shall adopt rules specifying all of the 7,875
following: 7,876
(1) Information that must be provided in applications for 7,879
certificates of need, which shall include a plan for obligating 7,881
the capital expenditure or implementing the proposed project on a 7,882
timely basis in accordance with section 3702.525 of the Revised 7,884
Code;
(2) Procedures for reviewing applications for completeness 7,888
of information;
(3) Criteria for determining that the application is 7,891
complete.
(C) The council shall adopt rules specifying requirements 7,893
that holders of certificates of need must meet in order for the 7,894
certificates to remain valid and establishing definitions and 7,895
requirements for obligation of capital expenditures and 7,896
implementation of projects authorized by certificates of need. 7,897
(D) The council shall adopt rules establishing criteria 7,899
and procedures under which the director of health may withdraw a 7,900
certificate of need if the holder fails to meet requirements for 7,901
continued validity of the certificate. 7,902
(E) The council shall adopt rules establishing procedures 7,904
under which the department of health shall monitor project 7,905
implementation activities of holders of certificates of need. 7,906
The rules adopted under this division also may establish 7,907
procedures for monitoring implementation activities of persons 7,909
that have received nonreviewability rulings. 7,911
(F) The council shall adopt rules establishing procedures 7,913
under which the director of health shall review certificates of 7,914
need whose holders exceed or appear likely to exceed an 7,916
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate 7,918
of need application fees sufficient to pay the costs incurred by 7,919
the department for administering sections 3702.51 to 3702.62 of 7,921
the Revised Code and to pay health service agencies for the 7,922
180
functions they perform under division (D)(5) of section 3702.58 7,924
of the Revised Code. Unless rules are adopted under this 7,925
division establishing different application fees, the application 7,926
fee for a project not involving a capital expenditure shall be 7,927
three thousand dollars and the application fee for a project 7,928
involving a capital expenditure shall be nine-tenths of one per 7,929
cent of the capital expenditure proposed subject to a minimum of 7,930
three thousand dollars and a maximum of twenty thousand dollars. 7,931
(H) The council shall adopt rules specifying information 7,933
that is necessary to conduct reviews of certificate of need 7,934
applications and to develop recommendations for criteria for 7,935
reviews that health care facilities and other health care 7,936
providers are to submit to the director under division (I)(H) of 7,938
section 3702.52 of the Revised Code.
(I) The council shall adopt rules defining "affiliated 7,941
person," "related person," and "ultimate controlling interest" 7,942
for purposes of section 3702.524 of the Revised Code. 7,943
(J) The council shall adopt rules prescribing requirements 7,946
for holders of certificates of need to demonstrate to the 7,947
director under section 3702.526 of the Revised Code that 7,949
reasonable progress is being made toward completion of the
reviewable activity and establishing standards by which the 7,950
director shall determine whether reasonable progress is being 7,951
made.
(K) The council shall adopt rules defining high-risk 7,953
cardiac catheterization patients. High-risk patients shall 7,955
include patients with significant ischemic syndromes or unstable 7,956
myocardial infarction, patients who need intervention such as 7,957
angioplasty or bypass surgery, patients who may require difficult 7,958
or complex catheterization procedures such as transeptal 7,959
assessment of valvular dysfunction, patients with critical aortic 7,960
stenosis or congestive heart failure, and other patients 7,961
specified by the council. 7,962
(L) The public health council shall adopt all rules under 7,965
181
divisions (A) to (K) of this section in accordance with Chapter 7,967
119. of the Revised Code. The council may adopt other rules as 7,968
necessary to carry out the purposes of sections 3702.51 to 7,969
3702.62 of the Revised Code.
Sec. 3702.58. (A) The director of health shall designate 7,978
geographic regions of this state as health service areas and 7,979
shall designate one health service agency for each health service 7,980
area. All territory in this state shall be included in a health 7,981
service area, but no territory shall be included in more than one 7,982
health service area.
(B) The director shall designate as a health service area 7,984
any health service area that was so designated in accordance with 7,985
the former "National Health Planning and Resources Development 7,986
Act of 1974," 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of 7,987
November 13, 1986. The director shall designate as a health 7,988
service agency any health systems agency designated under such 7,989
former act that, on June 30, 1987, was performing the functions 7,991
of a health systems agency as provided for in such former act. 7,992
(C) The director may designate health service areas and 7,994
health service agencies in addition to those designated under 7,995
division (B) of this section, may revise the boundaries of health 7,996
service areas, and may revoke the designation of a health service 7,997
agency and designate a new health service agency for a health 7,998
service area. 7,999
Each health service agency designated under this division 8,002
shall be a nonprofit private corporation that is incorporated in 8,003
this state as a corporation that is exempt from federal income 8,004
taxation under subsection 501(a) and described in subsection 8,005
501(c)(3) of the "Internal Revenue Act of 1986," 100 Stat. 2085, 8,006
26 U.S.C.A. 1, as amended, that is not a subsidiary of, or 8,007
otherwise controlled by, any other private or public corporation 8,008
or other legal entity.
The board of trustees of each health service agency shall 8,011
be nominated and elected by the agency's membership in accordance 8,012
182
with procedures specified in the agency's by-laws. Each trustee 8,013
shall be a resident of the health service area served by the 8,014
agency, and any resident of the health service area age eighteen 8,015
or older is eligible to be nominated. The board of trustees 8,016
shall be broadly representative of the demographic
characteristics of the health service area, including the 8,017
geographic distribution and density of the population. 8,018
A majority of the trustees, but not more than seventy-five 8,021
per cent, shall represent consumers and major purchasers of 8,022
health care, including businesses and labor organizations, that 8,023
are not health care providers. All other trustees shall 8,024
represent health care providers and, to the extent practicable, 8,025
shall be representative of the variety of health care disciplines 8,026
and interests of the health service area. Only the trustees 8,027
representing health care consumers and purchasers may vote on 8,028
agency proceedings concerning a certificate of need application. 8,029
However, no such trustees shall vote on proceedings concerning a 8,030
certificate of need application if he THE TRUSTEE has a financial 8,031
interest in the outcome of the proceedings.
A health service agency's board of trustees may adopt 8,033
policies governing the agency's ability to sell health care 8,034
information and resources to the public, to engage in activities 8,035
on a fee-for-service basis, and to enter into contractual 8,036
arrangements. However, these policies do not affect the 8,037
requirements of division (H) of section 3702.52 of the Revised 8,039
Code with respect to the amount the director pays for the 8,040
agency's performance of any function described in division (D)(5) 8,041
of this section. No health service agency shall engage in any 8,042
fee-for-service activity with a health care facility. Each board 8,043
of trustees shall hire appropriate staff to perform duties 8,044
required by the board.
(D) The functions of health service agencies shall 8,046
include, but not be limited to: 8,047
(1) Performing functions related to the planning and 8,049
183
implementation of health care facilities and health care services 8,051
by:
(a) Identifying community health care needs and 8,053
establishing community-based priorities and implementation 8,054
strategies;
(b) Developing community-based plans to address identified 8,056
needs and priorities; 8,057
(c) Providing technical assistance on community health 8,059
care needs assessment and planning and implementation strategies 8,060
to entities responsible for the delivery of health care services; 8,061
(d) Serving as the community resource to ensure that all 8,063
concerned individuals and organizations of the community are 8,064
represented and afforded an opportunity to participate in the 8,065
planning and implementation of the health care systems and 8,066
services that best meet the needs of the citizens of the health 8,067
service area;
(e) Submitting to the director of health for inclusion in 8,069
the state health resources plan issued under section 3702.521 of 8,070
the Revised Code the local community-based health resources plan, 8,072
which shall contain an analysis of the distribution of all health 8,073
services, facilities, and other resources in the health service 8,074
area, including existing deficiencies and excesses in local
health resources; 8,075
(f) Submitting annually to the director a supplemental 8,077
report recommending changes to the state health resources plan as 8,078
it deems appropriate by the community health planning process. 8,079
(2) Performing functions related to monitoring of the 8,081
health care system in the health service area, including: 8,082
(a) Compiling, analyzing, and disseminating technical 8,084
information and data identifying statistical trends and gaps in 8,085
health care services;
(b) Evaluating progress toward meeting local and state 8,087
health care goals as established by their respective planning 8,088
processes;
184
(c) Serving as the health service area community health 8,090
information center by: 8,091
(i) Making available to the general public information 8,093
about the quality, including performance and outcomes, and cost 8,094
of, and access to, the health care delivery services and systems; 8,095
(ii) Maintaining copies of reports on utilization of, 8,097
participation in, and performance of health care reform 8,098
initiatives, including OhioCare, any health insurance access 8,099
programs, and other health care cost, quality, and access reform 8,100
program;
(iii) Maintaining copies of all reports required by state 8,102
agencies that pertain to health care services, utilization, and 8,103
cost.
(3) Conducting the following community activities: 8,105
(a) Informing and educating the public on health care 8,107
issues, concerns, and proposed solutions, such as educating the 8,108
public about the proper use of health care delivery reform 8,109
initiatives;
(b) Providing forums for solving problems, resolving 8,111
conflicts, and building consensus; 8,112
(c) Publishing and making available to the public reports 8,114
on health care utilization, cost, and quality of services; 8,115
(d) Establishing and maintaining educational programs and 8,117
other informational resources for promoting improvement in the 8,118
health of the residents in the health service area. 8,119
(4) Promoting improvements in the health of the residents 8,121
of the health service area by helping the community to: 8,122
(a) Plan for and implement improvements in cost, 8,124
accessibility, and quality of health care services; 8,125
(b) Minimize unnecessary duplication of health services 8,127
and technology; 8,128
(c) Promote competition where appropriate in the health 8,130
service area. 8,131
(5) Implementing the certificate of need program on the 8,133
185
local level by:
(a) Providing technical assistance to applicants for 8,135
certificates of need; 8,136
(b) Advising the director of health by conducting 8,139
community reviews of certificate of need applications based on 8,140
local and state health resources plans and criteria and standards 8,141
established by the public health council; 8,142
(c) Conducting public informational hearings on 8,144
certificate of need applications under division (B) of section 8,145
3702.52 of the Revised Code;
(d) Submitting to the director findings and 8,147
recommendations on certificate of need applications; 8,148
(e) Monitoring compliance with the granted certificates of 8,150
need in the health service area on behalf of the director; 8,152
(f) Reporting findings of monitoring activities in a 8,154
format determined by the director. 8,155
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to 8,164
3702.62 of the Revised Code, this section applies to the review 8,165
of certificate of need applications during the period beginning 8,166
July 1, 1993, and ending June 30, 1999 2001. 8,167
(B)(1) Except as provided in division (B)(2) of this 8,169
section, the director of health shall neither grant nor deny any 8,170
application for a certificate of need submitted prior to July 1, 8,171
1993, if the application was for any of the following and the 8,173
director had not issued a written decision concerning the 8,174
application prior to that date:
(a) Approval of beds in a new health care facility or an 8,176
increase of beds in an existing health care facility, if the beds 8,177
are proposed to be licensed as nursing home beds under Chapter 8,178
3721. of the Revised Code; 8,179
(b) Approval of beds in a new county home or new county 8,181
nursing home as defined in section 5155.31 of the Revised Code, 8,182
or an increase of beds in an existing county home or existing 8,183
county nursing home, if the beds are proposed to be certified as 8,184
186
skilled nursing facility beds under Title XVIII or nursing 8,185
facility beds under Title XIX of the "Social Security Act," 49 8,186
Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 8,187
(c) Recategorization of hospital beds as described in 8,189
section 3702.522 of the Revised Code, an increase of hospital 8,191
beds registered pursuant to section 3701.07 of the Revised Code 8,192
as long-term care beds or skilled nursing facility beds, or a 8,193
recategorization of hospital beds that would result in an 8,194
increase of beds registered pursuant to that section as long-term 8,195
care beds or skilled nursing facility beds.
On July 1, 1993, the director shall return each such 8,198
application to the applicant and, notwithstanding section 3702.52 8,199
of the Revised Code regarding the uses of the certificate of need 8,200
fund, shall refund to the applicant the application fee paid 8,201
under that section. Applications returned under division (B)(1) 8,202
of this section may be resubmitted in accordance with section 8,203
3702.52 of the Revised Code no sooner than July 1, 1999 2001. 8,204
(2) The director shall continue to review and shall issue 8,206
a decision regarding any application submitted prior to July 1, 8,207
1993, to increase beds for either of the purposes described in 8,209
division (B)(1)(a) or (b) of this section if the proposed 8,210
increase in beds is attributable solely to a replacement or 8,211
relocation of existing beds within the same county. The director 8,212
shall authorize under such an application no additional beds 8,213
beyond those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this 8,215
section, the director, during the period beginning July 1, 1993, 8,216
and ending June 30, 1999 2001, shall not accept for review under 8,217
section 3702.52 of the Revised Code any application for a 8,218
certificate of need for any of the purposes described in 8,219
divisions (B)(1)(a) to (c) of this section. 8,220
(2) The director shall accept for review any application 8,222
for either of the purposes described in division (B)(1)(a) or (b) 8,223
of this section if the proposed increase in beds is attributable 8,224
187
solely to a replacement or relocation of existing beds within the 8,225
same county. The director shall authorize under such an 8,226
application no additional beds beyond those being replaced or 8,227
relocated. The director also shall accept for review any 8,228
application that seeks certificate of need approval for existing 8,229
beds located in an infirmary that is operated exclusively by a 8,231
religious order, provides care exclusively to members of 8,232
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and was providing 8,233
care exclusively to members of such a religious order on January 8,234
1, 1994.
(D) The director shall issue a decision regarding any case 8,236
remanded by a court as the result of a decision issued by the 8,239
director prior to July 1, 1993, to grant, deny, or withdraw a 8,240
certificate of need for any of the purposes described in 8,241
divisions (B)(1)(a) to (c) of this section. 8,242
(E) The director shall not project the need for beds 8,244
listed in division (B)(1) of this section for the period 8,245
beginning July 1, 1993, and ending June 30, 1999 2001. 8,246
This section is an interim section effective until July 1, 8,248
1999 2001. 8,249
Sec. 3705.24. (A) Except as otherwise provided in this 8,258
division or division (G) of this section, the fee for a certified 8,260
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 8,262
the Revised Code. Except as provided in section 3705.241 of the 8,263
Revised Code, the fee for a certified copy of a vital record or 8,264
for a certification of birth issued by the office of vital 8,265
statistics shall be an amount prescribed by the public health 8,266
council plus any fee required by section 3109.14 of the Revised 8,267
Code. The fee for a certified copy of a vital record or for a 8,268
certification of birth issued by a health district shall be an 8,269
amount prescribed in accordance with section 3709.09 of the 8,270
Revised Code plus any fee required by section 3109.14 of the 8,271
188
Revised Code. No certified copy of a vital record or 8,272
certification of birth shall be issued without payment of the fee 8,273
unless otherwise specified by statute.
For a special search of the files and records to determine 8,275
a date or place contained in a record on file, the office of 8,276
vital statistics shall charge a fee of three dollars for each 8,277
hour or fractional part of an hour required for the search. 8,278
(B) Except as otherwise provided in division (G) of this 8,281
section, and except as provided in section 3705.241 of the 8,282
Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid 8,283
into the state treasury to the credit of the general operations 8,284
fund created by section 3701.83 of the Revised Code. Money 8,286
generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it. 8,287
Amounts submitted to the department of health for copies of vital 8,289
records or services in excess of the fees imposed by this section 8,290
shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be 8,292
retained by the department and deposited in the state treasury to 8,293
the credit of the general operations fund created by section 8,294
3701.83 of the Revised Code. 8,295
(2) An overpayment in excess of two dollars shall be 8,297
returned to the person who made the overpayment. 8,298
(C) If a local registrar is a salaried employee of a city 8,300
or a general health district, any fees the local registrar 8,301
receives pursuant to section 3705.23 of the Revised Code shall be 8,302
paid into the general fund of the city or the health fund of the 8,303
general health district. 8,304
Each local registrar of vital statistics, or each health 8,306
district where the local registrar is a salaried employee of the 8,307
district, shall be entitled to a fee for each birth, fetal death, 8,308
death, or military service certificate properly and completely 8,309
made out and registered with the local registrar or district and 8,310
189
correctly copied and forwarded to the office of vital statistics 8,312
in accordance with the population of the primary registration 8,313
district at the last federal census. The fee for each birth, 8,314
fetal death, death, or military service certificate shall be: 8,315
(1) In primary registration districts of over two hundred 8,317
fifty thousand, twenty cents; 8,318
(2) In primary registration districts of over one hundred 8,320
twenty-five thousand and less than two hundred fifty thousand, 8,321
sixty cents; 8,322
(3) In primary registration districts of over fifty 8,324
thousand and less than one hundred twenty-five thousand, eighty 8,325
cents; 8,326
(4) In primary registration districts of less than fifty 8,328
thousand, one dollar. 8,329
(D) The director of health shall annually certify to the 8,331
county treasurers of the several counties the number of birth, 8,332
fetal death, death, and military service certificates registered 8,333
from their respective counties with the names of the local 8,334
registrars and the amounts due each registrar and health district 8,335
at the rates fixed in this section. Such amounts shall be paid 8,336
by the treasurer of the county in which the registration 8,337
districts are located. No fees shall be charged or collected by 8,338
registrars except as provided by this chapter and section 3109.14 8,339
of the Revised Code. 8,340
(E) A probate judge shall be paid a fee of fifteen cents 8,342
for each certified abstract of marriage prepared and forwarded by 8,343
the probate judge to the department of health pursuant to section 8,344
3705.21 of the Revised Code. The fee shall be in addition to the 8,345
fee paid for a marriage license and shall be paid by the 8,346
applicants for the license. 8,347
(F) The clerk of a court of common pleas shall be paid a 8,349
fee of one dollar for each certificate of divorce, dissolution, 8,350
and annulment of marriage prepared and forwarded by the clerk to 8,351
the department pursuant to section 3705.21 of the Revised Code. 8,352
190
The fee for the certified abstract of divorce, dissolution, or 8,353
annulment of marriage shall be added to the court costs allowed 8,354
in these cases. 8,355
(G) The fee for an heirloom certification of birth issued 8,357
pursuant to division (B)(2) of section 3705.23 of the Revised 8,359
Code shall be an amount prescribed by rule by the director of 8,361
health plus any fee required by section 3109.14 of the Revised 8,362
Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to 8,363
offset the expense of processing heirloom certifications of 8,364
birth. The fee prescribed by the director of health pursuant to 8,366
this division shall be deposited into the state treasury to the 8,368
credit of the heirloom certification of birth fund which is 8,369
hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing 8,370
heirloom certifications of birth. However, the money collected 8,371
for the surcharge, subject to the approval of the controlling 8,372
board, shall be used for the purposes specified by the family and 8,373
children first council pursuant to section 121.37 of the Revised 8,374
Code.
Sec. 3721.025. IF THE OPERATOR OF A NURSING HOME CLAIMS TO 8,376
THE PUBLIC THAT THE NURSING HOME PROVIDES SPECIAL SERVICES THAT 8,377
ARE ABOVE THE MINIMUM SERVICES THAT MUST BE PROVIDED TO BE 8,378
LICENSED UNDER THIS CHAPTER AS A NURSING HOME, THE OPERATOR SHALL 8,379
SUBMIT TO THE DEPARTMENT OF HEALTH A WRITTEN DESCRIPTION OF THE 8,380
SPECIAL SERVICES PROVIDED. THE DEPARTMENT SHALL MAINTAIN A 8,381
REGISTRY CONTAINING ALL DESCRIPTIONS SUBMITTED UNDER THIS 8,382
SECTION. ON REQUEST, THE DEPARTMENT SHALL PROVIDE A COPY OF A 8,383
DESCRIPTION SUBMITTED UNDER THIS SECTION. 8,384
Sec. 3721.31. (A)(1) Except as provided in division (E) 8,393
of this section, the director of health shall approve competency 8,394
evaluation programs and training and competency evaluation 8,395
programs in accordance with rules adopted under section 3721.30 8,396
of the Revised Code and shall periodically review and reapprove 8,397
191
programs approved under this section. 8,398
(2) Except as otherwise provided in division (A)(3) of 8,400
this section, the director may approve and reapprove programs 8,401
conducted by or in long-term care facilities, or by any 8,402
government agency or person, including an employee organization. 8,403
(3) The director shall not approve or reapprove a 8,405
competency evaluation program or training and competency 8,406
evaluation program conducted by or in a long-term care facility 8,407
that was determined by the director or the United States 8,408
secretary of health and human services to have been out of 8,409
compliance with the requirements of subsection (b), (c), or (d) 8,410
of section 1819 or 1919 of the "Social Security Act," 49 Stat. 8,411
620 (1935), 42 U.S.C.A. 301, as amended, within a two-year period 8,412
prior to making application for approval or reapproval and shall 8,413
revoke the approval or reapproval of a program conducted by or in 8,414
a facility for which such a determination is made. 8,415
(4) A long-term care facility, employee organization, 8,417
person, or government entity seeking approval or reapproval of a 8,418
competency evaluation program or training and competency 8,419
evaluation program shall make an application to the director for 8,420
approval or reapproval of the program and shall provide any 8,421
documentation requested by the director. 8,422
(5) The director may conduct inspections and examinations 8,424
of approved competency evaluation programs and training and 8,425
competency evaluation programs, competency evaluation programs 8,426
and training and competency evaluation programs for which an 8,427
application for approval has been submitted under division (A)(4) 8,428
of this section, and the sites at which they are or will be 8,429
conducted. The director may conduct inspections of long-term 8,430
care facilities in which individuals who have participated in 8,431
approved competency evaluation programs and training and 8,432
competency evaluation programs are being used as nurse aides. 8,433
(B) In accordance with Chapter 119. of the Revised Code, 8,435
the director may do the following: 8,436
192
(1) Deny, suspend, or revoke approval or reapproval of any 8,438
of the following that is not in compliance with this section and 8,439
section 3721.30 of the Revised Code and rules adopted thereunder: 8,440
(a) A competency evaluation program; 8,442
(b) A training and competency evaluation program; 8,444
(c) A training program for instructors or coordinators for 8,446
training and competency evaluation programs; 8,447
(d) A training program for evaluators for competency 8,449
evaluation programs. 8,450
(2) Deny a request that he THE DIRECTOR determine either 8,452
ANY of the following for the purposes of division (B) of section 8,454
3721.28 of the Revised Code: 8,455
(a) That a program completed prior to the dates specified 8,457
in division (B)(3) of section 3721.28 of the Revised Code 8,458
included a competency evaluation component no less stringent than 8,459
the competency evaluation programs approved or conducted by him 8,460
THE DIRECTOR under this section, and was otherwise comparable to 8,462
the training and competency evaluation programs being approved 8,463
under this section; 8,464
(b) That an individual satisfies division (B)(5) of 8,466
section 3721.28 of the Revised Code; 8,467
(c) That an individual meets the conditions specified in 8,469
division (F) of section 3721.28 of the Revised Code. 8,470
(C) The director may develop and conduct a competency 8,472
evaluation program for individuals used by long-term care 8,473
facilities as nurse aides at any time during the period 8,474
commencing July 1, 1989, and ending January 1, 1990, and 8,475
individuals who participate in training and competency evaluation 8,476
programs conducted in or by long-term care facilities. The 8,477
director also may conduct other competency evaluation programs 8,478
and training and competency evaluation programs. When conducting 8,479
competency evaluation programs and training and competency 8,480
evaluation programs, the director may use a nurse aide competency 8,481
evaluation prepared by a national standardized testing service, 8,482
193
and may contract with the service to administer the evaluation 8,483
PURSUANT TO SECTION 3701.044 OF THE REVISED CODE. 8,484
(D) The director may approve or conduct programs to train 8,486
instructors and coordinators for training and competency 8,487
evaluation programs and evaluators for competency evaluation 8,488
programs. The director may conduct inspections and examinations 8,489
of those programs that have been approved by him THE DIRECTOR or 8,490
for which an application for approval has been submitted, and the 8,492
sites at which the programs are or will be conducted. 8,493
(E) Notwithstanding division (A) of this section and 8,495
division (C) of section 3721.30 of the Revised Code, the 8,496
director, in his THE DIRECTOR'S discretion, may decline to 8,497
approve any competency evaluation programs. The director may 8,499
require all individuals used by long-term care facilities as 8,500
nurse aides after June 1, 1990, who have completed a training and 8,501
competency evaluation program approved by the director under 8,502
division (A) of this section or who have met the conditions 8,503
specified in division (F) of section 3721.28 of the Revised Code 8,504
to complete a competency evaluation program conducted by the 8,505
director under division (C) of this section. The director also 8,506
may require all individuals used as nurse aides by long-term care 8,507
facilities after June 1, 1990, who were used by a facility at any 8,508
time during the period commencing July 1, 1989, and ending 8,509
January 1, 1990, to complete a competency evaluation program 8,510
conducted by the director under division (C) of this section 8,511
rather than a competency evaluation program approved by him THE 8,512
DIRECTOR under division (A) of this section. 8,513
(F) The director shall not disclose test materials, 8,515
examinations, or evaluative EVALUATION tools used in any 8,516
competency evaluation program or training and competency 8,518
evaluation program that he THE DIRECTOR conducts or approves 8,519
under this section to any person or government entity, except as 8,520
he determines to be necessary for administration and enforcement 8,522
of this chapter and rules adopted under this chapter. The test 8,523
194
materials, examinations, and evaluative tools are not public 8,524
records for the purpose of section 149.43 of the Revised Code, 8,525
and are not subject to inspection or copying under THE 8,526
CONFIDENTIALITY PROVISIONS OF section 1347.08 3701.044 of the 8,527
Revised Code.
(G) The director shall impose fees prescribed by rules 8,529
adopted under section 3721.30 of the Revised Code for both of the 8,530
following: 8,531
(1) Making application for approval or reapproval of 8,533
either of the following: 8,534
(a) A competency evaluation program or a training and 8,536
competency evaluation program; 8,537
(b) A training program for instructors or coordinators for 8,539
training and competency evaluation programs, or evaluators for 8,540
competency evaluation programs; 8,541
(2) Participation in any competency evaluation program, 8,543
training and competency evaluation program, or other program 8,544
conducted by the director under this section. 8,545
If the director contracts with a national standardized 8,547
testing service pursuant to division (C) of this section for 8,548
administration by the service of a competency evaluation of nurse 8,549
aides, the director may authorize the service to collect and 8,550
retain fees in the amounts prescribed under the rules adopted by 8,551
the director under section 3721.30 of the Revised Code. 8,552
Sec. 3721.33. (A) Except as provided in division (B) of 8,561
this section FOR ANY FEE COLLECTED AND RETAINED BY A TESTING 8,562
SERVICE UNDER CONTRACT PURSUANT TO DIVISION (C) OF SECTION 8,563
3721.31 OF THE REVISED CODE, all fees collected under section 8,564
3721.31 of the Revised Code shall be deposited in the state 8,565
treasury to the credit of the nurse aide training fund, which is
hereby created. The moneys in the fund shall be used solely for 8,566
the purposes set forth in sections 3721.28 to 3721.32 of the 8,567
Revised Code and rules adopted thereunder. 8,568
(B) A national standardized testing service that collects 8,570
195
and retains fees under a contract described in division (G) of 8,571
section 3721.31 of the Revised Code is not required to deposit 8,572
the fees in the state treasury.
Sec. 3722.01. (A) As used in this chapter: 8,581
(1) "Owner" means the person who owns the business of and 8,583
who ultimately controls the operation of an adult care facility 8,584
and to whom the manager, if different from the owner, is 8,585
responsible. 8,586
(2) "Manager" means the person responsible for the daily 8,588
operation of an adult care facility. The manager and the owner 8,589
of a facility may be the same person. 8,590
(3) "Adult" means an individual eighteen years of age or 8,592
older. 8,593
(4) "Unrelated" means that an adult resident is not 8,595
related to the owner or manager of an adult care facility or to 8,596
his THE OWNER'S OR MANAGER'S spouse as a parent, grandparent, 8,597
child, stepchild, grandchild, brother, sister, niece, nephew, 8,599
aunt, or uncle, or as the child of an aunt or uncle. 8,600
(5) "Skilled nursing care" means skilled nursing care as 8,602
defined in section 3721.01 of the Revised Code. 8,603
(6)(a) "Personal care services" means services including, 8,605
but not limited to, the following: 8,606
(i) Assisting residents with activities of daily living; 8,608
(ii) Assisting residents with self-administration of 8,610
medication, in accordance with rules adopted by the public health 8,611
council pursuant to this chapter; 8,612
(iii) Preparing special diets, other than complex 8,614
therapeutic diets, for residents pursuant to the instructions of 8,615
a physician or a licensed dietitian, in accordance with rules 8,616
adopted by the public health council pursuant to this chapter. 8,617
(b) "Personal care services" does not include "skilled 8,619
nursing care" as defined in section 3721.01 of the Revised Code. 8,620
A facility need not provide more than one of the services listed 8,621
in division (A)(6)(a) of this section to be considered to be 8,622
196
providing personal care services. 8,623
(7) "Adult family home" means a residence or facility that 8,625
provides accommodations to three to five unrelated adults and 8,626
supervision and personal care services to at least three of those 8,627
adults. 8,628
(8) "Adult group home" means a residence or facility that 8,630
provides accommodations to six to sixteen unrelated adults and 8,631
provides supervision and personal care services to at least three 8,632
of the unrelated adults. 8,633
(9) "Adult care facility" means an adult family home or an 8,635
adult group home. For the purposes of this chapter, any 8,636
residence, facility, institution, hotel, congregate housing 8,637
project, or similar facility that provides accommodations and 8,638
supervision to three to sixteen unrelated adults, at least three 8,639
of whom are provided personal care services, is an adult care 8,640
facility regardless of how the facility holds itself out to the 8,641
public. "Adult care facility" does not include: 8,642
(a) A facility operated by a hospice care program licensed 8,644
under section 3712.04 of the Revised Code that is used 8,645
exclusively for care of hospice patients; 8,646
(b) A nursing home, residential care facility, or home for 8,649
the aging as defined in section 3721.01 of the Revised Code; 8,650
(c) A community alternative home as defined in section 8,652
3724.01 of the Revised Code; 8,653
(d) An alcohol and drug addiction program as defined in 8,655
section 3793.01 of the Revised Code; 8,656
(e) A habilitation center as defined in section 5123.041 8,658
of the Revised Code; 8,659
(f) A residential facility for the mentally ill licensed 8,661
by the department of mental health under section 5119.22 of the 8,662
Revised Code; 8,663
(g) A facility licensed to provide methadone treatment 8,665
under section 3793.11 of the Revised Code; 8,666
(h) A residential facility licensed under section 5123.19 8,668
197
of the Revised Code or otherwise regulated by the department of 8,669
mental retardation and developmental disabilities; 8,670
(i) Any residence, institution, hotel, congregate housing 8,672
project, or similar facility that provides personal care services 8,673
to fewer than three residents or that provides, for any number of 8,674
residents, only housing, housekeeping, laundry, meal preparation, 8,675
social or recreational activities, maintenance, security, 8,676
transportation, and similar services that are not personal care 8,677
services or skilled nursing care; 8,678
(j) Any facility that receives funding for operating costs 8,680
from the department of development under any program established 8,681
to provide emergency shelter housing or transitional housing for 8,682
the homeless; 8,683
(k) A terminal care facility for the homeless that has 8,685
entered into an agreement with a hospice care program under 8,686
section 3712.07 of the Revised Code; 8,687
(l) A facility approved by the veterans administration 8,689
under section 104(a) of the "Veterans Health Care Amendments of 8,690
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used 8,691
exclusively for the placement and care of veterans; 8,692
(m) Until January 1, 1994, the portion of a facility in 8,694
which care is provided exclusively to members of a religious 8,695
order if the facility is owned by or part of a nonprofit 8,696
institution of higher education authorized to award degrees by 8,697
the Ohio board of regents under Chapter 1713. of the Revised 8,698
Code. 8,699
(10) "Residents' rights advocate" means: 8,701
(a) An employee or representative of any state or local 8,703
government entity that has a responsibility for residents of 8,704
adult care facilities and has registered with the department of 8,705
health under section 3701.07 of the Revised Code; 8,706
(b) An employee or representative, other than a manager or 8,708
employee of an adult care facility or nursing home, of any 8,709
private nonprofit corporation or association that qualifies for 8,710
198
tax-exempt status under section 501(a) of the "Internal Revenue 8,711
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, 8,712
that has registered with the department of health under section 8,713
3701.07 of the Revised Code, and whose purposes include educating 8,714
and counseling residents, assisting residents in resolving 8,715
problems and complaints concerning their care and treatment, and 8,716
assisting them in securing adequate services. 8,717
(11) "Sponsor" means an adult relative, friend, or 8,719
guardian of a resident of an adult care facility who has an 8,720
interest in or responsibility for the resident's welfare. 8,721
(12) "Ombudsman OMBUDSPERSON" means a "representative of 8,723
the office of the state long-term care ombudsman OMBUDSPERSON 8,725
program" as defined in section 173.14 of the Revised Code. 8,727
(13) "MENTAL HEALTH AGENCY" HAS THE SAME MEANING AS IN 8,729
SECTION 5119.22 OF THE REVISED CODE. 8,730
(B) For purposes of this chapter, personal care services 8,732
or skilled nursing care shall be considered to be provided by a 8,733
facility if they are provided by a person employed by or 8,734
associated with the facility or by another person pursuant to an 8,735
agreement to which neither the resident who receives the services 8,736
nor his THE RESIDENT'S sponsor is a party. 8,737
(C) Nothing in division (A)(6) of this section shall be 8,739
construed to permit personal care services to be imposed upon a 8,740
resident who is capable of performing the activity in question 8,741
without assistance. 8,742
Sec. 3722.011. All medication taken by residents of an 8,751
adult care facility shall be self-administered, except that 8,752
medication may be administered to a resident by a home health 8,753
agency, hospice care program, or nursing home staff, MENTAL 8,754
HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 8,755
HEALTH SERVICES under division (B) of section 3722.16 of the 8,757
Revised Code. Members of the staff of an adult care facility 8,758
shall not administer medication to residents. No person shall be 8,759
admitted to or retained by an adult care facility unless the 8,760
199
person is capable of taking his THE PERSON'S own medication and 8,761
biologicals, as determined in writing by the person's personal 8,763
physician, except that a person may be admitted to or retained by 8,764
such a facility if his THE PERSON'S medication is administered by 8,766
a home health agency, hospice care program, or nursing home 8,767
staff, MENTAL HEALTH AGENCY, OR BOARD OF ALCOHOL, DRUG ADDICTION, 8,768
AND MENTAL HEALTH SERVICES under division (B) of section 3722.16 8,770
of the Revised Code. Members of the staff of an adult care 8,771
facility may do any of the following:
(A) Remind a resident when to take medication and watch to 8,773
ensure that the resident follows the directions on the container; 8,774
(B) Assist a resident in the self-administration of 8,776
medication by taking the medication from the locked area where it 8,777
is stored, in accordance with rules adopted by the public health 8,778
council pursuant to this chapter, and handing it to the resident. 8,779
If the resident is physically unable to open the container, a 8,780
staff member may open the container for the resident. 8,781
(C) Assist a physically impaired but mentally alert 8,783
resident, such as a resident with arthritis, cerebral palsy, or 8,784
Parkinson's disease, in removing oral or topical medication from 8,785
containers and in consuming or applying the medication, upon 8,786
request by or with the consent of the resident. If a resident is 8,787
physically unable to place a dose of medicine to his THE 8,788
RESIDENT'S mouth without spilling it, a staff member may place 8,790
the dose in a container and place the container to the mouth of 8,791
the resident.
Sec. 3722.10. (A) The public health council shall have 8,800
the exclusive authority to adopt and shall, not later than 8,801
November 15, 1991, adopt rules in accordance with Chapter 119. of 8,802
the Revised Code governing the licensing and operation of adult 8,803
care facilities. The rules shall specify: 8,804
(1) Procedures for the issuance, renewal, and revocation 8,806
of licenses and temporary licenses, for the granting and denial 8,807
of waivers, and for the issuance and termination of orders of 8,808
200
suspension of admission pursuant to section 3722.07 of the 8,809
Revised Code; 8,810
(2) The qualifications required for owners, managers, and 8,812
employees of adult care facilities, including character, 8,813
training, education, experience, and financial resources and the 8,814
number of staff members required in a facility; 8,815
(3) Adequate space, equipment, safety, and sanitation 8,817
standards for the premises of adult care facilities, and fire 8,818
protection standards for adult family homes as required by 8,819
section 3722.041 of the Revised Code; 8,820
(4) The personal, social, dietary, and recreational 8,822
services to be provided to each resident of adult care 8,823
facilities. In the case of an adult care facility providing 8,824
personal care services to one or more individuals with mental 8,825
illness or with severe mental disabilities who are referred by or 8,826
are receiving mental health services from a mental health agency, 8,827
as defined in section 5119.22 of the Revised Code, the rules 8,828
shall require, EXCEPT IN AN EMERGENCY, an affiliation agreement 8,830
between the adult care facility and the community BOARD OF 8,831
ALCOHOL, DRUG ADDICTION, AND mental health board SERVICES or an 8,832
affiliation agreement approved by the community mental health 8,833
board between the adult care facility and the mental health 8,834
agency THAT HAS BEEN APPROVED BY THE BOARD. The affiliation 8,836
agreement must be consistent with the residential portion of the 8,837
community mental health plan submitted pursuant to section 340.03 8,838
of the Revised Code.
(5) Rights of residents of adult care facilities, in 8,840
addition to the rights enumerated under section 3722.12 of the 8,841
Revised Code, and procedures to protect and enforce the rights of 8,842
these residents; 8,843
(6) Provisions for keeping records of residents and for 8,845
maintaining the confidentiality of the records as required by 8,846
division (B) of section 3722.12 of the Revised Code. The 8,847
provisions for maintaining the confidentiality of records shall, 8,848
201
at the minimum, meet the requirements for maintaining the 8,849
confidentiality of records under Title XIX of the "Social 8,850
Security Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and 8,851
regulations promulgated thereunder. 8,852
(7) Measures to be taken by adult care facilities relative 8,854
to residents' medication, including policies and procedures 8,855
concerning medication, storage of medication in a locked area, 8,856
and disposal of medication and assistance with 8,857
self-administration of medication, if the facility provides 8,858
assistance; 8,859
(8) Requirements for initial and periodic health 8,861
assessments of prospective and current adult care facility 8,862
residents by physicians or other health professionals to ensure 8,863
that they do not require a level of care beyond that which is 8,864
provided by the adult care facility, including assessment of 8,865
their capacity to self-administer the medications prescribed for 8,866
them; 8,867
(9) Requirements relating to preparation of special diets; 8,869
(10) The amount of the fees for new and renewal license 8,871
applications made pursuant to sections 3722.02 and 3722.04 of the 8,872
Revised Code; 8,873
(11) Measures to be taken by any employee of the state or 8,875
any political subdivision of the state authorized by this chapter 8,876
to enter an adult care facility to inspect the facility or for 8,877
any other purpose, to ensure that the employee respects the 8,878
privacy and dignity of residents of the facility, cooperates with 8,879
residents of the facility and behaves in a congenial manner 8,880
toward them, and protects the rights of residents; 8,881
(12) Any other rules necessary for the administration and 8,883
enforcement of this chapter. 8,884
(B) THE PUBLIC HEALTH COUNCIL SHALL CONSULT WITH THE 8,886
DIRECTOR OF MENTAL HEALTH REGARDING THE RULES ADOPTED UNDER 8,887
DIVISION (A)(4) OF THIS SECTION THAT CONCERN SERVICES TO 8,888
INDIVIDUALS WITH MENTAL ILLNESS OR SEVERE MENTAL DISABILITIES. 8,889
202
THE COUNCIL SHALL AMEND THE RULES IN ACCORDANCE WITH DIRECTION 8,890
FROM THE DIRECTOR OF MENTAL HEALTH.
(C) The director of health shall advise adult care 8,892
facilities regarding compliance with the requirements of this 8,893
chapter and with the rules adopted pursuant to this chapter. 8,894
(C)(D) Any duty or responsibility imposed upon the 8,896
director of health by this chapter may be carried out by an 8,897
employee of the department of health. 8,898
(D)(E) Employees of the department of health may enter, 8,900
for the purposes of investigation, any institution, residence, 8,901
facility, or other structure which has been reported to the 8,902
department as, or that the department has reasonable cause to 8,903
believe is, operating as an adult care facility without a valid 8,904
license. 8,905
Sec. 3722.15. (A) Employees THE FOLLOWING MAY ENTER AN 8,914
ADULT CARE FACILITY AT ANY TIME: 8,915
(1) EMPLOYEES designated by the director of health, 8,918
employees;
(2) EMPLOYEES designated by the director of aging, 8,920
employees; 8,921
(3) EMPLOYEES designated by the attorney general, 8,924
employees;
(4) EMPLOYEES designated by a county department of human 8,927
services to implement sections 5101.60 to 5101.71 of the Revised 8,928
Code, and persons;
(5) PERSONS employed pursuant to division (M) of section 8,931
173.01 of the Revised Code in the long-term care facilities 8,932
ombudsman OMBUDSPERSON program may enter any adult care facility 8,934
at any time. These;
(6) EMPLOYEES OF A MENTAL HEALTH AGENCY DESIGNATED BY THE 8,936
DIRECTOR OF MENTAL HEALTH, IF THE AGENCY IS UNDER CONTRACT WITH A 8,937
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES AND 8,938
HAS A CLIENT RESIDING IN THE FACILITY; 8,939
(7) EMPLOYEES OF A BOARD OF ALCOHOL, DRUG ADDICTION, AND 8,941
203
MENTAL HEALTH SERVICES DESIGNATED BY THE DIRECTOR OF MENTAL 8,942
HEALTH, IF AN INDIVIDUAL RECEIVING MENTAL HEALTH SERVICES 8,943
PROVIDED BY THE BOARD OR A MENTAL HEALTH AGENCY UNDER CONTRACT 8,944
WITH THE BOARD RESIDES IN THE FACILITY. 8,945
THESE employees shall be afforded access to all records of 8,949
the facility, including records pertaining to residents, and may 8,950
copy the records. Neither these employees nor the director of 8,951
health shall release, without consent, any information obtained 8,952
from the records of an adult care facility that reasonably would 8,953
tend to identify a specific resident of the facility, except as 8,954
ordered by a court of competent jurisdiction. 8,955
(B) The following persons may enter any adult care 8,957
facility during reasonable hours: 8,958
(1) A resident's sponsor; 8,960
(2) Residents' rights advocates; 8,962
(3) A resident's attorney; 8,964
(4) A minister, priest, rabbi, or other person ministering 8,966
to a resident's religious needs; 8,967
(5) A physician or other person providing health care 8,969
services to a resident; 8,970
(6) Employees authorized by county departments of human 8,972
services and local boards of health or health departments to 8,973
enter adult care facilities; 8,974
(7) A prospective resident and his PROSPECTIVE RESIDENT'S 8,976
sponsor. 8,977
(C) The manager of an adult care facility may require a 8,979
person seeking to enter the facility to present identification 8,980
sufficient to identify him THE PERSON as an authorized person 8,981
under this section. 8,983
Sec. 3722.16. (A) No person shall: 8,992
(1) Operate an adult care facility unless the facility is 8,994
validly licensed by the director of health under section 3722.04 8,995
of the Revised Code; 8,996
(2) Admit to an adult care facility more residents than 8,998
204
the number authorized in the facility's license; 8,999
(3) Admit a resident to an adult care facility after the 9,001
director has issued an order pursuant to section 3722.07 of the 9,002
Revised Code suspending admissions to the facility. Violation of 9,003
division (A)(3) of this section is cause for revocation of the 9,004
facility's license. 9,005
(4) EXCEPT IN AN EMERGENCY, ADMIT OR RETAIN A RESIDENT TO 9,007
AN ADULT CARE FACILITY IF THE RESIDENT HAS MENTAL ILLNESS OR 9,008
SEVERE MENTAL DISABILITIES AND IS REFERRED BY OR RECEIVING MENTAL 9,009
HEALTH SERVICES FROM A MENTAL HEALTH AGENCY, UNLESS THE FACILITY 9,010
HAS AN AFFILIATION AGREEMENT WITH THE BOARD OF ALCOHOL, DRUG 9,012
ADDICTION, AND MENTAL HEALTH SERVICES OR AN AFFILIATION AGREEMENT 9,013
APPROVED BY THE BOARD WITH THE MENTAL HEALTH AGENCY; 9,014
(5) Interfere with any authorized inspection of an adult 9,016
care facility conducted pursuant to section 3722.02 or 3722.04 of 9,017
the Revised Code; 9,018
(5)(6) Violate any of the provisions of this chapter or 9,020
any of the rules adopted pursuant to it. 9,021
(B) No adult care facility shall provide, or admit or 9,023
retain any resident in need of, skilled nursing care unless all 9,024
of the following are the case: 9,025
(1) The care will be provided on a part-time, intermittent 9,027
basis for not more than a total of one hundred twenty days in any 9,028
twelve-month period by one or more of the following: 9,029
(a) A home health agency certified under Title XVIII of 9,031
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 9,032
as amended; 9,033
(b) A hospice care program licensed under Chapter 3712. of 9,035
the Revised Code; 9,036
(c) A nursing home licensed under Chapter 3721. of the 9,038
Revised Code and owned and operated by the same person and 9,039
located on the same site as the adult care facility; 9,040
(d) A MENTAL HEALTH AGENCY OR BOARD OF ALCOHOL, DRUG 9,042
ADDICTION, AND MENTAL HEALTH SERVICES. 9,043
205
(2) The staff of the home health agency, hospice care 9,045
program, or nursing home, MENTAL HEALTH AGENCY, OR BOARD OF 9,046
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES does not 9,047
train facility staff to provide the skilled nursing care; 9,049
(3) The individual to whom the skilled nursing care is 9,051
provided is suffering from a short-term illness; 9,052
(4) If the skilled nursing care is to be provided by the 9,054
nursing staff of a nursing home, all of the following are the 9,055
case: 9,056
(a) The adult care facility evaluates the individual 9,058
receiving the skilled nursing care at least once every seven days 9,059
to determine whether he THE INDIVIDUAL should be transferred to a 9,061
nursing home;
(b) The adult care facility meets at all times staffing 9,063
requirements established by rules adopted under section 3722.10 9,064
of the Revised Code; 9,065
(c) The nursing home does not include the cost of 9,067
providing skilled nursing care to the adult care facility 9,068
residents in a cost report filed under section 5111.26 of the 9,069
Revised Code; 9,070
(d) The nursing home meets at all times the nursing home 9,072
licensure staffing ratios established by rules adopted under 9,073
section 3721.04 of the Revised Code; 9,074
(e) The nursing home staff providing skilled nursing care 9,076
to adult care facility residents are registered nurses or 9,077
licensed practical nurses licensed under Chapter 4723. of the 9,078
Revised Code and meet the personnel qualifications for nursing 9,079
home staff established by rules adopted under section 3721.04 of 9,080
the Revised Code; 9,081
(f) The skilled nursing care is provided in accordance 9,083
with rules established for nursing homes under section 3721.04 of 9,084
the Revised Code; 9,085
(g) The nursing home meets the skilled nursing care needs 9,087
of the adult care facility residents; 9,088
206
(h) Using the nursing home's nursing staff does not 9,090
prevent the nursing home or adult care facility from meeting the 9,091
needs of the nursing home and adult care facility residents in a 9,092
quality and timely manner. 9,093
Notwithstanding section 3721.01 of the Revised Code, an 9,095
adult care facility in which residents receive skilled nursing 9,096
care as described in division (B) of this section is not a 9,097
nursing home. No adult care facility shall provide skilled 9,098
nursing care. 9,099
(C) A home health agency or hospice care program that 9,101
provides skilled nursing care pursuant to division (B) of this 9,102
section may not be associated with the adult care facility unless 9,103
the facility is part of a home for the aged as defined in section 9,104
5701.13 of the Revised Code or the adult care facility is owned 9,105
and operated by the same person and located on the same site as a 9,106
nursing home licensed under Chapter 3721. of the Revised Code 9,107
that is associated with the home health agency or hospice care 9,108
program. In addition, the following requirements shall be met: 9,109
(1) The adult care facility shall evaluate the individual 9,111
receiving the skilled nursing care not less than once every seven 9,112
days to determine whether he THE INDIVIDUAL should be transferred 9,114
to a nursing home; 9,115
(2) If the costs of providing the skilled nursing care are 9,117
included in a cost report filed pursuant to section 5111.26 of 9,118
the Revised Code by the nursing home that is part of the same 9,119
home for the aged, the home health agency or hospice care program 9,120
shall not seek reimbursement for the care under the medical 9,121
assistance program established under Chapter 5111. of the Revised 9,122
Code. 9,123
(D)(1) No person knowingly shall place or recommend 9,125
placement of any person in an adult care facility that is 9,126
operating without a license. 9,127
(2) No employee of a unit of local or state government or 9,129
a community, BOARD OF ALCOHOL, DRUG ADDICTION, AND mental health 9,131
207
board or SERVICES, mental health agency, OR PASSPORT 9,133
ADMINISTRATIVE AGENCY shall place or recommend placement of any 9,134
person in an adult care facility if the employee knows that the 9,135
facility cannot meet the needs of the potential resident. 9,136
(3) No person who has reason to believe that an adult care 9,138
facility is operating without a license shall fail to report this 9,139
information to the director of health. 9,140
(E) NO ADULT CARE FACILITY SHALL ADMIT OR RETAIN ANY 9,142
RESIDENT IN NEED OF MENTAL HEALTH SERVICES UNLESS THE SERVICES 9,143
ARE PROVIDED BY A MENTAL HEALTH AGENCY OR A BOARD OF ALCOHOL, 9,144
DRUG ADDICTION, AND MENTAL HEALTH SERVICES. 9,145
(F) In accordance with Chapter 119. of the Revised Code, 9,148
the public health council shall adopt rules that define a 9,149
short-term illness for purposes of division (B)(3) of this 9,150
section and specify, consistent with rules pertaining to home 9,151
health care adopted by the director of human services under the 9,152
medical assistance program established under Chapter 5111. of the 9,153
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 9,154
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 9,155
part-time, intermittent basis for purposes of division (B)(1) of 9,156
this section. 9,157
Sec. 3734.02. (A) The director of environmental 9,166
protection, in accordance with Chapter 119. of the Revised Code, 9,167
shall adopt and may amend, suspend, or rescind rules having 9,168
uniform application throughout the state governing solid waste 9,169
facilities and the inspections of and issuance of permits and 9,170
licenses for all solid waste facilities in order to ensure that 9,171
the facilities will be located, maintained, and operated, and 9,172
will undergo closure and post-closure care, in a sanitary manner 9,173
so as not to create a nuisance, cause or contribute to water 9,174
pollution, create a health hazard, or violate 40 C.F.R. 257.3-2 9,175
or 40 C.F.R. 257.3-8, as amended. The rules may include, without 9,176
limitation, financial assurance requirements for closure and 9,177
post-closure care and corrective action and requirements for 9,178
208
taking corrective action in the event of the surface or 9,179
subsurface discharge or migration of explosive gases or leachate 9,180
from a solid waste facility, or of ground water contamination 9,181
resulting from the transfer or disposal of solid wastes at a 9,182
facility, beyond the boundaries of any area within a facility 9,183
that is operating or is undergoing closure or post-closure care 9,184
where solid wastes were disposed of or are being disposed of. 9,185
The rules shall not concern or relate to personnel policies, 9,186
salaries, wages, fringe benefits, or other conditions of 9,187
employment of employees of persons owning or operating solid 9,188
waste facilities. The director, in accordance with Chapter 119. 9,189
of the Revised Code, shall adopt and may amend, suspend, or 9,190
rescind rules governing the issuance, modification, revocation, 9,191
suspension, or denial of variances from the director's solid 9,192
waste rules, including, without limitation, rules adopted under 9,194
this chapter governing the management of scrap tires. 9,195
Variances shall be issued, modified, revoked, suspended, or 9,197
rescinded in accordance with this division, rules adopted under 9,198
it, and Chapter 3745. of the Revised Code. The director may 9,199
order the person to whom a variance is issued to take such action 9,200
within such time as the director may determine to be appropriate 9,201
and reasonable to prevent the creation of a nuisance or a hazard 9,202
to the public health or safety or the environment. Applications 9,203
for variances shall contain such detail plans, specifications, 9,204
and information regarding objectives, procedures, controls, and 9,205
other pertinent data as the director may require. The director 9,206
shall grant a variance only if the applicant demonstrates to the 9,207
director's satisfaction that construction and operation of the 9,208
solid waste facility in the manner allowed by the variance and 9,209
any terms or conditions imposed as part of the variance will not 9,210
create a nuisance or a hazard to the public health or safety or 9,211
the environment. In granting any variance, the director shall 9,212
state the specific provision or provisions whose terms are to be 9,213
varied and also shall state specific terms or conditions imposed 9,214
209
upon the applicant in place of the provision or provisions. The 9,215
director may hold a public hearing on an application for a 9,216
variance or renewal of a variance at a location in the county 9,217
where the operations that are the subject of the application for 9,218
the variance are conducted. The director shall give not less 9,219
than twenty days' notice of the hearing to the applicant by 9,220
certified mail and shall publish at least one notice of the 9,221
hearing in a newspaper with general circulation in the county 9,222
where the hearing is to be held. The director shall make 9,223
available for public inspection at the principal office of the 9,224
environmental protection agency a current list of pending 9,225
applications for variances and a current schedule of pending 9,226
variance hearings. The director shall make a complete 9,227
stenographic record of testimony and other evidence submitted at 9,228
the hearing. Within ten days after the hearing, the director 9,229
shall make a written determination to issue, renew, or deny the 9,230
variance and shall enter the determination and the basis for it 9,231
into the record of the hearing. The director shall issue, renew, 9,232
or deny an application for a variance or renewal of a variance 9,233
within six months of the date upon which the director receives a 9,234
complete application with all pertinent information and data 9,235
required. No variance shall be issued, revoked, modified, or 9,236
denied until the director has considered the relative interests 9,237
of the applicant, other persons and property affected by the 9,238
variance, and the general public. Any variance granted under 9,239
this division shall be for a period specified by the director and 9,240
may be renewed from time to time on such terms and for such 9,241
periods as the director determines to be appropriate. No 9,242
application shall be denied and no variance shall be revoked or 9,243
modified without a written order stating the findings upon which 9,244
the denial, revocation, or modification is based. A copy of the 9,245
order shall be sent to the applicant or variance holder by 9,246
certified mail. 9,247
(B) The director shall prescribe and furnish the forms 9,249
210
necessary to administer and enforce this chapter. The director 9,250
may cooperate with and enter into agreements with other state, 9,251
local, or federal agencies to carry out the purposes of this 9,252
chapter. The director may exercise all incidental powers 9,253
necessary to carry out the purposes of this chapter. 9,254
The director may use moneys in the infectious waste 9,256
management fund created in section 3734.021 of the Revised Code 9,257
exclusively for administering and enforcing the provisions of 9,258
this chapter governing the management of infectious wastes. Of 9,259
each registration and renewal fee collected under rules adopted 9,260
under division (A)(2)(a) of section 3734.021 or under section 9,261
3734.022 of the Revised Code, the director, within forty-five 9,262
days of its receipt, shall remit from the fund one-half of the 9,263
fee received to the board of health of the health district in 9,264
which the registered premises is located, or, in the instance of 9,265
an infectious wastes transporter, to the board of health of the 9,266
health district in which the transporter's principal place of 9,267
business is located. However, if the board of health having 9,268
jurisdiction over a registrant's premises or principal place of 9,269
business is not on the approved list under section 3734.08 of the 9,270
Revised Code, the director shall not make that payment to the 9,271
board of health. 9,272
(C) Except as provided in this division and division 9,274
DIVISIONS (N)(2) AND (3) of this section, no person shall 9,275
establish a new solid waste facility or infectious waste 9,277
treatment facility, or modify an existing solid waste facility or 9,278
infectious waste treatment facility, without submitting an 9,279
application for a permit with accompanying detail plans, 9,280
specifications, and information regarding the facility and method 9,281
of operation and receiving a permit issued by the director, 9,282
except that no permit shall be required under this division to 9,283
install or operate a solid waste facility for sewage sludge 9,284
treatment or disposal when the treatment or disposal is 9,285
authorized by a current permit issued under Chapter 3704. or 9,286
211
6111. of the Revised Code.
No person shall continue to operate a solid waste facility 9,288
for which the director has denied a permit for which an 9,289
application was required under division (A)(3) of section 3734.05 9,290
of the Revised Code, or for which the director has disapproved 9,291
plans and specifications required to be filed by an order issued 9,292
under division (A)(5) of that section, after the date prescribed 9,293
for commencement of closure of the facility in the order issued 9,294
under division (A)(6) of section 3734.05 of the Revised Code 9,295
denying the permit application or approval. 9,296
On and after the effective date of the rules adopted under 9,298
division (A) of this section and division (D) of section 3734.12 9,299
of the Revised Code governing solid waste transfer facilities, no 9,300
person shall establish a new, or modify an existing, solid waste 9,301
transfer facility without first submitting an application for a 9,302
permit with accompanying engineering detail plans, 9,303
specifications, and information regarding the facility and its 9,304
method of operation to the director and receiving a permit issued 9,305
by the director. 9,306
No person shall establish a new compost facility or 9,308
continue to operate an existing compost facility that accepts 9,309
exclusively source separated yard wastes without submitting a 9,310
completed registration for the facility to the director in 9,311
accordance with rules adopted under division DIVISIONS (A) AND 9,313
(N)(3) of this section.
This division does not apply to an infectious waste 9,315
treatment facility that meets any of the following conditions: 9,316
(1) Is owned or operated by the generator of the wastes 9,318
and exclusively treats, by methods, techniques, and practices 9,319
established by rules adopted under division (C)(1) or (3) of 9,320
section 3734.021 of the Revised Code, wastes that are generated 9,321
at any premises owned or operated by that generator regardless of 9,322
whether the wastes are generated on the premises where the 9,323
generator's treatment facility is located or, if the generator is 9,324
212
a hospital as defined in section 3727.01 of the Revised Code, 9,325
infectious wastes that are described in division (A)(1)(g), (h), 9,326
or (i) of section 3734.021 of the Revised Code; 9,327
(2) Holds a license or renewal of a license to operate a 9,329
crematory facility issued under Chapter 4717. and a permit issued 9,331
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, 9,333
or the blood of animals, and is subject to any of the following: 9,334
(a) Inspection under the "Federal Meat Inspection Act," 81 9,336
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 9,337
(b) Chapter 918. of the Revised Code; 9,339
(c) Chapter 953. of the Revised Code. 9,341
(D) Neither this chapter nor any rules adopted under it 9,343
apply to single-family residential premises; to infectious wastes 9,344
generated by individuals for purposes of their own care or 9,345
treatment that are disposed of with solid wastes from the 9,346
individual's residence; to the temporary storage of solid wastes, 9,347
other than scrap tires, prior to their collection for disposal; 9,348
to the storage of one hundred or fewer scrap tires unless they 9,349
are stored in such a manner that, in the judgment of the director 9,350
or the board of health of the health district in which the scrap 9,351
tires are stored, the storage causes a nuisance, a hazard to 9,352
public health or safety, or a fire hazard; or to the collection 9,353
of solid wastes, other than scrap tires, by a political 9,354
subdivision or a person holding a franchise or license from a 9,355
political subdivision of the state; to composting, as defined in 9,356
section 1511.01 of the Revised Code, conducted in accordance with 9,357
section 1511.022 of the Revised Code; or to any person who is 9,358
licensed to transport raw rendering material to a compost 9,359
facility pursuant to section 953.23 of the Revised Code. 9,360
(E)(1) As used in this division and section 3734.18 of the 9,362
Revised Code: 9,363
(a) "On-site facility" means a facility that stores, 9,365
treats, or disposes of hazardous waste that is generated on the 9,366
213
premises of the facility. 9,367
(b) "Off-site facility" means a facility that stores, 9,369
treats, or disposes of hazardous waste that is generated off the 9,370
premises of the facility and includes such a facility that is 9,371
also an on-site facility. 9,372
(c) "Satellite facility" means any of the following: 9,374
(i) An on-site facility that also receives hazardous waste 9,376
from other premises owned by the same person who generates the 9,377
waste on the facility premises; 9,378
(ii) An off-site facility operated so that all of the 9,380
hazardous waste it receives is generated on one or more premises 9,381
owned by the person who owns the facility; 9,382
(iii) An on-site facility that also receives hazardous 9,384
waste that is transported uninterruptedly and directly to the 9,385
facility through a pipeline from a generator who is not the owner 9,386
of the facility. 9,387
(2) Except as provided in division (E)(3) of this section, 9,390
no person shall establish or operate a hazardous waste facility, 9,391
or use a solid waste facility for the storage, treatment, or 9,392
disposal of any hazardous waste, without a hazardous waste 9,393
facility installation and operation permit from the hazardous 9,394
waste facility board issued in accordance with section 3734.05 of 9,395
the Revised Code and subject to the payment of an application fee 9,396
not to exceed one thousand five hundred dollars, payable upon 9,397
application for a hazardous waste facility installation and 9,398
operation permit and upon application for a renewal permit issued 9,399
under division (H) of section 3734.05 of the Revised Code, to be 9,400
credited to the hazardous waste facility management fund created 9,401
in section 3734.18 of the Revised Code. The term of a hazardous 9,402
waste facility installation and operation permit shall not exceed 9,403
five years.
In addition to the application fee, there is hereby levied 9,405
an annual permit fee to be paid by the permit holder upon the 9,406
anniversaries of the date of issuance of the hazardous waste 9,407
214
facility installation and operation permit and of any subsequent 9,408
renewal permits and to be credited to the hazardous waste 9,409
facility management fund. Annual permit fees totaling forty 9,410
thousand dollars or more for any one facility may be paid on a 9,411
quarterly basis with the first quarterly payment each year being 9,412
due on the anniversary of the date of issuance of the hazardous 9,413
waste facility installation and operation permit and of any 9,414
subsequent renewal permits. The annual permit fee shall be 9,415
determined for each permit holder by the director in accordance 9,416
with the following schedule: 9,417
TYPE OF BASIC 9,419
MANAGEMENT UNIT TYPE OF FACILITY FEE 9,421
Storage facility using: 9,422
Containers On-site, off-site, and 9,423
satellite $ 500 9,424
Tanks On-site, off-site, and 9,425
satellite 500 9,426
Waste pile On-site, off-site, and 9,427
satellite 3,000 9,428
Surface impoundment On-site and satellite 8,000 9,429
Off-site 10,000 9,430
Disposal facility using: 9,431
Deep well injection On-site and satellite 15,000 9,432
Off-site 25,000 9,433
Landfill On-site and satellite 25,000 9,434
Off-site 40,000 9,435
Land application On-site and satellite 2,500 9,436
Off-site 5,000 9,437
Surface impoundment On-site and satellite 10,000 9,438
Off-site 20,000 9,439
Treatment facility using: 9,440
Tanks On-site, off-site, and 9,441
satellite 700 9,442
Surface impoundment On-site and satellite 8,000 9,443
215
Off-site 10,000 9,444
Incinerator On-site and satellite 5,000 9,445
Off-site 9,446
Other forms 9,447
of treatment On-site, off-site, and 9,448
satellite 1,000 9,449
In determining the annual permit fee required by this 9,452
section, the director shall not require additional payments for 9,453
multiple units of the same method of storage, treatment, or 9,454
disposal or for individual units that are used for both storage 9,455
and treatment. A facility using more than one method of storage, 9,456
treatment, or disposal shall pay the permit fee indicated by the 9,457
schedule for each such method. 9,458
The director shall not require the payment of that portion 9,460
of an annual permit fee of any permit holder that would apply to 9,461
a hazardous waste management unit for which a permit has been 9,462
issued, but for which construction has not yet commenced. Once 9,463
construction has commenced, the director shall require the 9,464
payment of a part of the appropriate fee indicated by the 9,465
schedule that bears the same relationship to the total fee that 9,466
the number of days remaining until the next anniversary date at 9,467
which payment of the annual permit fee is due bears to three 9,468
hundred sixty-five. 9,469
The director, by rules adopted in accordance with Chapters 9,471
119. and 3745. of the Revised Code, shall prescribe procedures 9,472
for collecting the annual permit fee established by this division 9,473
and may prescribe other requirements necessary to carry out this 9,474
division. 9,475
(3) The prohibition against establishing or operating a 9,477
hazardous waste facility without a hazardous waste facility 9,479
installation and operation permit from the board does not apply 9,481
to either of the following:
(a) A facility that is operating in accordance with a 9,483
permit renewal issued under division (H) of section 3734.05 of 9,485
216
the Revised Code, a revision issued under division (I) of that 9,487
section as it existed prior to August 20, 1996, or a modification 9,489
issued by the director under division (I) of that section on and 9,490
after August 20, 1996; 9,491
(b) Except as provided in division (J) of section 3734.05 9,494
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 9,496
permit requirements, under rules adopted by the director. In 9,497
accordance with Chapter 119. of the Revised Code, the director 9,500
shall adopt, and subsequently may amend, suspend, or rescind,
rules for the purposes of division (E)(3)(b) of this section. 9,502
Any rules so adopted shall be consistent with and equivalent to 9,503
regulations pertaining to interim status adopted under the 9,504
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 9,506
42 U.S.C.A. 6921, as amended, except as otherwise provided in 9,508
this chapter.
If a modification is requested or proposed for a facility 9,510
described in division (E)(3)(a) or (b) of this section, division 9,512
(I)(8) of section 3734.05 of the Revised Code applies. 9,513
(F) No person shall store, treat, or dispose of hazardous 9,515
waste identified or listed under this chapter and rules adopted 9,516
under it, regardless of whether generated on or off the premises 9,517
where the waste is stored, treated, or disposed of, or transport 9,518
or cause to be transported any hazardous waste identified or 9,519
listed under this chapter and rules adopted under it to any other 9,520
premises, except at or to any of the following: 9,521
(1) A hazardous waste facility operating under a permit 9,523
issued in accordance with this chapter; 9,524
(2) A facility in another state operating under a license 9,526
or permit issued in accordance with the "Resource Conservation 9,527
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 9,528
amended; 9,529
(3) A facility in another nation operating in accordance 9,531
with the laws of that nation; 9,532
217
(4) A facility holding a permit issued pursuant to Title I 9,534
of the "Marine Protection, Research, and Sanctuaries Act of 9,535
1972," 86 Stat. 1052, 33 U.S.C.A. 1401, as amended; 9,536
(5) A hazardous waste facility as described in division 9,538
(E)(3)(a) or (b) of this section. 9,539
(G) The director, by order, may exempt any person 9,541
generating, collecting, storing, treating, disposing of, or 9,542
transporting solid wastes or hazardous waste, or processing solid 9,543
wastes that consist of scrap tires, in such quantities or under 9,544
such circumstances that, in the determination of the director, 9,545
are unlikely to adversely affect the public health or safety or 9,546
the environment from any requirement to obtain a registration 9,547
certificate, permit, or license or comply with the manifest 9,548
system or other requirements of this chapter. Such an exemption 9,549
shall be consistent with and equivalent to any regulations 9,550
adopted by the administrator of the United States environmental 9,551
protection agency under the "Resource Conservation and Recovery 9,552
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except 9,553
as otherwise provided in this chapter. 9,554
(H) No person shall engage in filling, grading, 9,556
excavating, building, drilling, or mining on land where a 9,557
hazardous waste facility, or a solid waste facility, was operated 9,558
without prior authorization from the director, who shall 9,559
establish the procedure for granting such authorization by rules 9,560
adopted in accordance with Chapter 119. of the Revised Code. 9,561
A public utility that has main or distribution lines above 9,563
or below the land surface located on an easement or right-of-way 9,564
across land where a solid waste facility was operated may engage 9,565
in any such activity within the easement or right-of-way without 9,566
prior authorization from the director for purposes of performing 9,567
emergency repair or emergency replacement of its lines; of the 9,568
poles, towers, foundations, or other structures supporting or 9,569
sustaining any such lines; or of the appurtenances to those 9,570
structures, necessary to restore or maintain existing public 9,571
218
utility service. A public utility may enter upon any such 9,572
easement or right-of-way without prior authorization from the 9,573
director for purposes of performing necessary or routine 9,574
maintenance of those portions of its existing lines; of the 9,575
existing poles, towers, foundations, or other structures 9,576
sustaining or supporting its lines; or of the appurtenances to 9,577
any such supporting or sustaining structure, located on or above 9,578
the land surface on any such easement or right-of-way. Within 9,579
twenty-four hours after commencing any such emergency repair, 9,580
replacement, or maintenance work, the public utility shall notify 9,582
the director or the director's authorized representative of those 9,583
activities and shall provide such information regarding those 9,584
activities as the director or the director's representative may 9,586
request. Upon completion of the emergency repair, replacement, 9,587
or maintenance activities, the public utility shall restore any 9,588
land of the solid waste facility disturbed by those activities to 9,589
the condition existing prior to the commencement of those 9,590
activities. 9,591
(I) No owner or operator of a hazardous waste facility, in 9,593
the operation of the facility, shall cause, permit, or allow the 9,594
emission therefrom of any particulate matter, dust, fumes, gas, 9,595
mist, smoke, vapor, or odorous substance that, in the opinion of 9,596
the director, unreasonably interferes with the comfortable 9,597
enjoyment of life or property by persons living or working in the 9,598
vicinity of the facility, or that is injurious to public health. 9,599
Any such action is hereby declared to be a public nuisance. 9,600
(J) Notwithstanding any other provision of this chapter, 9,602
in the event the director finds an imminent and substantial 9,603
danger to public health or safety or the environment that creates 9,604
an emergency situation requiring the immediate treatment, 9,605
storage, or disposal of hazardous waste, the director may issue a 9,606
temporary emergency permit to allow the treatment, storage, or 9,607
disposal of the hazardous waste at a facility that is not 9,608
otherwise authorized by a hazardous waste facility installation 9,609
219
and operation permit to treat, store, or dispose of the waste. 9,610
The emergency permit shall not exceed ninety days in duration and 9,611
shall not be renewed. The director shall adopt, and may amend, 9,612
suspend, or rescind, rules in accordance with Chapter 119. of the 9,613
Revised Code governing the issuance, modification, revocation, 9,614
and denial of emergency permits. 9,615
(K) No owner or operator of a sanitary landfill shall 9,617
knowingly accept for disposal, or dispose of, any infectious 9,618
wastes, other than those subject to division (A)(1)(c) of section 9,619
3734.021 of the Revised Code, that have not been treated to 9,620
render them noninfectious. For the purposes of this division, 9,621
certification by the owner or operator of the treatment facility 9,622
where the wastes were treated on the shipping paper required by 9,623
rules adopted under division (D)(2) of that section creates a 9,624
rebuttable presumption that the wastes have been so treated. 9,625
(L) The director, in accordance with Chapter 119. of the 9,627
Revised Code, shall adopt, and may amend, suspend, or rescind, 9,628
rules having uniform application throughout the state 9,629
establishing a training and certification program that shall be 9,630
required for employees of boards of health who are responsible 9,631
for enforcing the solid waste and infectious waste provisions of 9,632
this chapter and rules adopted under them and for persons who are 9,633
responsible for the operation of solid waste facilities or 9,634
infectious waste treatment facilities. The rules shall provide 9,635
all of the following, without limitation: 9,636
(1) The program shall be administered by the director and 9,638
shall consist of a course on new solid waste and infectious waste 9,639
technologies, enforcement procedures, and rules; 9,640
(2) The course shall be offered on an annual basis; 9,642
(3) Those persons who are required to take the course 9,644
under division (L) of this section shall do so triennially; 9,645
(4) Persons who successfully complete the course shall be 9,647
certified by the director; 9,648
(5) Certification shall be required for all employees of 9,650
220
boards of health who are responsible for enforcing the solid 9,651
waste or infectious waste provisions of this chapter and rules 9,652
adopted under them and for all persons who are responsible for 9,653
the operation of solid waste facilities or infectious waste 9,654
treatment facilities; 9,655
(6)(a) All employees of a board of health who, on the 9,657
effective date of the rules adopted under this division, are 9,658
responsible for enforcing the solid waste or infectious waste 9,659
provisions of this chapter and the rules adopted under them shall 9,660
complete the course and be certified by the director not later 9,661
than January 1, 1995; 9,662
(b) All employees of a board of health who, after the 9,664
effective date of the rules adopted under division (L) of this 9,666
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted 9,668
under them and who do not hold a current and valid certification 9,669
from the director at that time shall complete the course and be 9,670
certified by the director within two years after becoming 9,671
responsible for performing those activities. 9,672
No person shall fail to obtain the certification required 9,674
under this division. 9,675
(M) The director shall not issue a permit under section 9,677
3734.05 of the Revised Code to establish a solid waste facility, 9,678
or to modify a solid waste facility operating on December 21, 9,679
1988, in a manner that expands the disposal capacity or 9,680
geographic area covered by the facility, that is or is to be 9,681
located within the boundaries of a state park established or 9,682
dedicated under Chapter 1541. of the Revised Code, a state park 9,683
purchase area established under section 1541.02 of the Revised 9,684
Code, any unit of the national park system, or any property that 9,685
lies within the boundaries of a national park or recreation area, 9,686
but that has not been acquired or is not administered by the 9,687
secretary of the United States department of the interior, 9,688
located in this state, or any candidate area located in this 9,689
221
state and identified for potential inclusion in the national park 9,690
system in the edition of the "national park system plan" 9,691
submitted under paragraph (b) of section 8 of "The Act of August 9,692
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current at 9,693
the time of filing of the application for the permit, unless the 9,694
facility or proposed facility is or is to be used exclusively for 9,695
the disposal of solid wastes generated within the park or 9,696
recreation area and the director determines that the facility or 9,697
proposed facility will not degrade any of the natural or cultural 9,698
resources of the park or recreation area. The director shall not 9,699
issue a variance under division (A) of this section and rules 9,700
adopted under it, or issue an exemption order under division (G) 9,701
of this section, that would authorize any such establishment or 9,702
expansion of a solid waste facility within the boundaries of any 9,703
such park or recreation area, state park purchase area, or 9,704
candidate area, other than a solid waste facility exclusively for 9,705
the disposal of solid wastes generated within the park or 9,706
recreation area when the director determines that the facility 9,707
will not degrade any of the natural or cultural resources of the 9,708
park or recreation area. 9,709
(N)(1) The rules adopted under division (A) of this 9,711
section, other than those governing variances, do not apply to 9,712
scrap tire collection, storage, monocell, monofill, and recovery 9,713
facilities. Those facilities are subject to and governed by 9,714
rules adopted under sections 3734.70 to 3734.73 of the Revised 9,715
Code, as applicable. 9,716
(2) Division (C) of this section does not apply to scrap 9,718
tire collection, storage, monocell, monofill, and recovery 9,719
facilities. The establishment and modification of those 9,720
facilities are subject to sections 3734.75 to 3734.78 and section 9,721
3734.81 of the Revised Code, as applicable. 9,722
(3) THE DIRECTOR MAY ADOPT, AMEND, SUSPEND, OR RESCIND 9,724
RULES UNDER DIVISION (A) OF THIS SECTION CREATING AN ALTERNATIVE 9,726
SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, OR 9,727
222
MODIFICATION OF A SOLID WASTE COMPOST FACILITY IN LIEU OF THE 9,728
REQUIREMENT THAT A PERSON SEEKING TO ESTABLISH, OPERATE, OR 9,729
MODIFY A SOLID WASTE COMPOST FACILITY APPLY FOR AND RECEIVE A 9,730
PERMIT UNDER DIVISION (C) OF THIS SECTION AND SECTION 3734.05 OF 9,731
THE REVISED CODE AND A LICENSE UNDER DIVISION (A)(1) OF THAT 9,733
SECTION. THE RULES MAY INCLUDE REQUIREMENTS GOVERNING, WITHOUT 9,734
LIMITATION, THE CLASSIFICATION OF SOLID WASTE COMPOST FACILITIES, 9,736
THE SUBMITTAL OF OPERATING RECORDS FOR SOLID WASTE COMPOST 9,737
FACILITIES, AND THE CREATION OF A REGISTRATION OR NOTIFICATION 9,738
SYSTEM IN LIEU OF THE ISSUANCE OF PERMITS AND LICENSES FOR SOLID 9,739
WASTE COMPOST FACILITIES. THE RULES SHALL SPECIFY THE 9,740
APPLICABILITY OF DIVISIONS (A)(1), (2)(a), (3), AND (4) OF 9,742
SECTION 3734.05 OF THE REVISED CODE TO A SOLID WASTE COMPOST 9,743
FACILITY.
Sec. 3734.05. (A)(1) Except as provided in divisions 9,752
(A)(4), (8), and (9) of this section, no person shall operate or 9,754
maintain a solid waste facility without a license issued under
this division by the board of health of the health district in 9,755
which the facility is located or by the director of environmental 9,756
protection when the health district in which the facility is 9,757
located is not on the approved list under section 3734.08 of the 9,758
Revised Code. 9,759
During the month of December, but before the first day of 9,761
January of the next year, every person proposing to continue to 9,762
operate an existing solid waste facility shall procure a license 9,763
under this division to operate the facility for that year from 9,764
the board of health of the health district in which the facility 9,765
is located or, if the health district is not on the approved list 9,766
under section 3734.08 of the Revised Code, from the director. 9,767
The application for such a license shall be submitted to the 9,768
board of health or to the director, as appropriate, on or before 9,769
the last day of September of the year preceding that for which 9,770
the license is sought. In addition to the application fee 9,771
prescribed in division (A)(2) of this section, a person who 9,772
223
submits an application after that date shall pay an additional 9,773
ten per cent of the amount of the application fee for each week 9,774
that the application is late. Late payment fees accompanying an 9,775
application submitted to the board of health shall be credited to 9,776
the special fund of the health district created in division (B) 9,777
of section 3734.06 of the Revised Code, and late payment fees 9,778
accompanying an application submitted to the director shall be 9,779
credited to the general revenue fund. A person who has received 9,780
a license, upon sale or disposition of a solid waste facility, 9,781
and upon consent of the board of health and the director, may 9,782
have the license transferred to another person. The board of 9,783
health or the director may include such terms and conditions in a 9,784
license or revision to a license as are appropriate to ensure 9,785
compliance with this chapter and rules adopted under it. The 9,786
terms and conditions may establish the authorized maximum daily 9,787
waste receipts for the facility. Limitations on maximum daily 9,788
waste receipts shall be specified in cubic yards of volume for 9,789
the purpose of regulating the design, construction, and operation 9,790
of solid waste facilities. Terms and conditions included in a 9,791
license or revision to a license by a board of health shall be 9,792
consistent with, and pertain only to the subjects addressed in, 9,793
the rules adopted under division (A) of section 3734.02 and 9,794
division (D) of section 3734.12 of the Revised Code. 9,795
(2)(a) Except as provided in divisions (A)(2)(b), (8), and 9,797
(9) of this section, each person proposing to open a new solid 9,799
waste facility or to modify an existing solid waste facility 9,800
shall submit an application for a permit with accompanying detail 9,801
plans and specifications to the environmental protection agency 9,802
for required approval under the rules adopted by the director 9,803
pursuant to division (A) of section 3734.02 of the Revised Code 9,804
and applicable rules adopted under division (D) of section 9,805
3734.12 of the Revised Code at least two hundred seventy days 9,806
before proposed operation of the facility and shall concurrently 9,807
make application for the issuance of a license under division 9,808
224
(A)(1) of this section with the board of health of the health 9,809
district in which the proposed facility is to be located.
(b) On and after the effective date of the rules adopted 9,811
under division (A) of section 3734.02 of the Revised Code and 9,812
division (D) of section 3734.12 of the Revised Code governing 9,813
solid waste transfer facilities, each person proposing to open a 9,814
new solid waste transfer facility or to modify an existing solid 9,815
waste transfer facility shall submit an application for a permit 9,816
with accompanying engineering detail plans, specifications, and 9,817
information regarding the facility and its method of operation to 9,818
the environmental protection agency for required approval under 9,819
those rules at least two hundred seventy days before commencing 9,820
proposed operation of the facility and concurrently shall make 9,821
application for the issuance of a license under division (A)(1) 9,822
of this section with the board of health of the health district 9,823
in which the facility is located or proposed. 9,824
(c) Each application for a permit under division (A)(2)(a) 9,826
or (b) of this section shall be accompanied by a nonrefundable 9,827
application fee of four hundred dollars that shall be credited to 9,828
the general revenue fund. Each application for an annual license 9,829
under division (A)(1) or (2) of this section shall be accompanied 9,830
by a nonrefundable application fee of one hundred dollars. If 9,831
the application for an annual license is submitted to a board of 9,832
health on the approved list under section 3734.08 of the Revised 9,833
Code, the application fee shall be credited to the special fund 9,834
of the health district created in division (B) of section 3734.06 9,835
of the Revised Code. If the application for an annual license is 9,836
submitted to the director, the application fee shall be credited 9,837
to the general revenue fund. If a permit or license is issued, 9,838
the amount of the application fee paid shall be deducted from the 9,839
amount of the permit fee due under division (Q) of section 9,841
3745.11 of the Revised Code or the amount of the license fee due 9,842
under division (A)(1), (2), (3), or (4) of section 3734.06 of the 9,843
Revised Code. 9,844
225
(d) As used in divisions (A)(2)(d), (e), and (f) of this 9,846
section, "modify" means any of the following: 9,847
(i) Any increase of more than ten per cent in the total 9,849
capacity of a solid waste facility; 9,850
(ii) Any expansion of the limits of solid waste placement 9,852
at a solid waste facility; 9,853
(iii) Any increase in the depth of excavation at a solid 9,855
waste facility; 9,856
(iv) Any change in the technique of waste receipt or type 9,858
of waste received at a solid waste facility that may endanger 9,859
human health, as determined by the director by rules adopted in 9,860
accordance with Chapter 119. of the Revised Code. 9,861
Not later than thirty-five days after submitting an 9,863
application under division (A)(2)(a) or (b) of this section for a 9,864
permit to open a new or modify an existing solid waste facility, 9,865
the applicant, in conjunction with an officer or employee of the 9,866
environmental protection agency, shall hold a public meeting on 9,867
the application within the county in which the new or modified 9,868
solid waste facility is or is proposed to be located or within a 9,869
contiguous county. Not less than thirty days before holding the 9,870
public meeting on the application, the applicant shall publish 9,871
notice of the meeting in each newspaper of general circulation 9,872
that is published in the county in which the facility is or is 9,873
proposed to be located. If no newspaper of general circulation 9,874
is published in the county, the applicant shall publish the 9,875
notice in a newspaper of general circulation in the county. The 9,876
notice shall contain the date, time, and location of the public 9,877
meeting and a general description of the proposed new or modified 9,878
facility. Not later than five days after publishing the notice, 9,879
the applicant shall send by certified mail a copy of the notice 9,880
and the date the notice was published to the director and the 9,881
legislative authority of each municipal corporation, township, 9,882
and county, and to the chief executive officer of each municipal 9,883
corporation, in which the facility is or is proposed to be 9,884
226
located. At the public meeting, the applicant shall provide 9,885
information and describe the application and respond to comments 9,886
or questions concerning the application, and the officer or 9,887
employee of the agency shall describe the permit application 9,888
process. At the public meeting, any person may submit written or 9,889
oral comments on or objections to the application. Not more than 9,890
thirty days after the public meeting, the applicant shall provide 9,891
the director with a copy of a transcript of the full meeting, 9,892
copies of any exhibits, displays, or other materials presented by 9,893
the applicant at the meeting, and the original copy of any 9,894
written comments submitted at the meeting. 9,895
(e) Except as provided in division (A)(2)(f) of this 9,897
section, prior to taking an action, other than a proposed or 9,898
final denial, upon an application submitted under division 9,899
(A)(2)(a) of this section for a permit to open a new or modify an 9,900
existing solid waste facility, the director shall hold a public 9,901
information session and a public hearing on the application 9,902
within the county in which the new or modified solid waste 9,903
facility is or is proposed to be located or within a contiguous 9,904
county. If the application is for a permit to open a new solid 9,905
waste facility, the director shall hold the hearing not less than 9,906
fourteen days after the information session. If the application 9,907
is for a permit to modify an existing solid waste facility, the 9,908
director may hold both the information session and the hearing on 9,909
the same day unless any individual affected by the application 9,910
requests in writing that the information session and the hearing 9,911
not be held on the same day, in which case the director shall 9,912
hold the hearing not less than fourteen days after the 9,913
information session. The director shall publish notice of the 9,914
public information session or public hearing not less than thirty 9,915
days before holding the information session or hearing, as 9,916
applicable. The notice shall be published in each newspaper of 9,917
general circulation that is published in the county in which the 9,918
facility is or is proposed to be located. If no newspaper of 9,919
227
general circulation is published in the county, the director 9,920
shall publish the notice in a newspaper of general circulation in 9,921
the county. The notice shall contain the date, time, and 9,922
location of the information session or hearing, as applicable, 9,923
and a general description of the proposed new or modified 9,924
facility. At the public information session, an officer or 9,925
employee of the environmental protection agency shall describe 9,926
the status of the permit application and be available to respond 9,927
to comments or questions concerning the application. At the 9,928
public hearing, any person may submit written or oral comments on 9,929
or objections to the approval of the application. The applicant, 9,930
or a representative of the applicant who has knowledge of the 9,931
location, construction, and operation of the facility, shall 9,932
attend the information session and public hearing to respond to 9,933
comments or questions concerning the facility directed to the 9,934
applicant or representative by the officer or employee of the 9,936
environmental protection agency presiding at the information 9,937
session and hearing.
(f) The solid waste management policy committee of a 9,939
county or joint solid waste management district may adopt a 9,940
resolution requesting expeditious consideration of a specific 9,941
application submitted under division (A)(2)(a) of this section 9,942
for a permit to modify an existing solid waste facility within 9,943
the district. The resolution shall make the finding that 9,944
expedited consideration of the application without the public 9,945
information session and public hearing under division (A)(2)(e) 9,946
of this section is in the public interest and will not endanger 9,947
human health, as determined by the director by rules adopted in 9,948
accordance with Chapter 119. of the Revised Code. Upon receiving 9,949
such a resolution, the director, at the director's discretion, 9,951
may issue a final action upon the application without holding a 9,952
public information session or public hearing pursuant to division 9,953
(A)(2)(e) of this section. 9,954
(3) Except as provided in division (A)(10) of this 9,956
228
section, and unless the owner or operator of any solid waste 9,957
facility, other than a solid waste transfer facility or a compost 9,958
facility that accepts exclusively source separated yard wastes, 9,959
that commenced operation on or before July 1, 1968, has obtained 9,960
an exemption from the requirements of division (A)(3) of this 9,961
section in accordance with division (G) of section 3734.02 of the 9,962
Revised Code, the owner or operator shall submit to the director 9,964
an application for a permit with accompanying engineering detail 9,965
plans, specifications, and information regarding the facility and 9,966
its method of operation for approval under rules adopted under 9,967
division (A) of section 3734.02 of the Revised Code and 9,968
applicable rules adopted under division (D) of section 3734.12 of 9,969
the Revised Code in accordance with the following schedule: 9,970
(a) Not later than September 24, 1988, if the facility is 9,972
located in the city of Garfield Heights or Parma in Cuyahoga 9,973
county; 9,974
(b) Not later than December 24, 1988, if the facility is 9,976
located in Delaware, Greene, Guernsey, Hamilton, Madison, 9,977
Mahoning, Ottawa, or Vinton county; 9,978
(c) Not later than March 24, 1989, if the facility is 9,980
located in Champaign, Clinton, Columbiana, Huron, Paulding, 9,981
Stark, or Washington county, or is located in the city of 9,982
Brooklyn or Cuyahoga Heights in Cuyahoga county; 9,983
(d) Not later than June 24, 1989, if the facility is 9,985
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 9,986
Lucas, or Summit county or is located in Cuyahoga county outside 9,987
the cities of Garfield Heights, Parma, Brooklyn, and Cuyahoga 9,988
Heights; 9,989
(e) Not later than September 24, 1989, if the facility is 9,991
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 9,992
county; 9,993
(f) Not later than December 24, 1989, if the facility is 9,995
located in a county not listed in divisions (A)(3)(a) to (e) of 9,996
this section; 9,997
229
(g) Notwithstanding divisions (A)(3)(a) to (f) of this 9,999
section, not later than December 31, 1990, if the facility is a 10,000
solid waste facility owned by a generator of solid wastes when 10,001
the solid waste facility exclusively disposes of solid wastes 10,002
generated at one or more premises owned by the generator 10,003
regardless of whether the facility is located on a premises where 10,004
the wastes are generated and if the facility disposes of more 10,005
than one hundred thousand tons of solid wastes per year, provided 10,006
that any such facility shall be subject to division (A)(5) of 10,007
this section. 10,008
(4) Except as provided in divisions (A)(8), (9), and (10) 10,010
of this section, unless the owner or operator of any solid waste 10,012
facility for which a permit was issued after July 1, 1968, but 10,013
before January 1, 1980, has obtained an exemption from the 10,014
requirements of division (A)(4) of this section under division 10,015
(G) of section 3734.02 of the Revised Code, the owner or operator 10,017
shall submit to the director an application for a permit with 10,018
accompanying engineering detail plans, specifications, and 10,019
information regarding the facility and its method of operation 10,020
for approval under those rules. 10,021
(5) The director may issue an order in accordance with 10,023
Chapter 3745. of the Revised Code to the owner or operator of a 10,024
solid waste facility requiring the person to submit to the 10,025
director updated engineering detail plans, specifications, and 10,026
information regarding the facility and its method of operation 10,027
for approval under rules adopted under division (A) of section 10,028
3734.02 of the Revised Code and applicable rules adopted under 10,029
division (D) of section 3734.12 of the Revised Code if, in the 10,030
director's judgment, conditions at the facility constitute a 10,031
substantial threat to public health or safety or are causing or 10,032
contributing to or threatening to cause or contribute to air or 10,033
water pollution or soil contamination. Any person who receives 10,034
such an order shall submit the updated engineering detail plans, 10,035
specifications, and information to the director within one 10,036
230
hundred eighty days after the effective date of the order. 10,037
(6) The director shall act upon an application submitted 10,039
under division (A)(3) or (4) of this section and any updated 10,040
engineering plans, specifications, and information submitted 10,041
under division (A)(5) of this section within one hundred eighty 10,042
days after receiving them. If the director denies any such 10,043
permit application, the order denying the application or 10,045
disapproving the plans shall include the requirements that the 10,046
owner or operator submit a plan for closure and post-closure care 10,047
of the facility to the director for approval within six months 10,048
after issuance of the order, cease accepting solid wastes for 10,049
disposal or transfer at the facility, and commence closure of the 10,050
facility not later than one year after issuance of the order. If 10,051
the director determines that closure of the facility within that 10,052
one-year period would result in the unavailability of sufficient 10,053
solid waste management facility capacity within the county or 10,054
joint solid waste management district in which the facility is 10,055
located to dispose of or transfer the solid waste generated 10,056
within the district, the director in the order of denial or 10,058
disapproval may postpone commencement of closure of the facility 10,059
for such period of time as the director finds necessary for the 10,060
board of county commissioners or directors of the district to 10,062
secure access to or for there to be constructed within the 10,063
district sufficient solid waste management facility capacity to 10,064
meet the needs of the district, provided that the director shall 10,065
certify in the director's order that postponing the date for 10,066
commencement of closure will not endanger ground water or any 10,067
property surrounding the facility, allow methane gas migration to 10,068
occur, or cause or contribute to any other type of environmental 10,069
damage.
If an emergency need for disposal capacity that may affect 10,071
public health and safety exists as a result of closure of a 10,072
facility under division (A)(6) of this section, the director may 10,073
issue an order designating another solid waste facility to accept 10,074
231
the wastes that would have been disposed of at the facility to be 10,075
closed. 10,076
(7) If the director determines that standards more 10,078
stringent than those applicable in rules adopted under division 10,079
(A) of section 3734.02 of the Revised Code and division (D) of 10,080
section 3734.12 of the Revised Code, or standards pertaining to 10,081
subjects not specifically addressed by those rules, are necessary 10,082
to ensure that a solid waste facility constructed at the proposed 10,083
location will not cause a nuisance, cause or contribute to water 10,084
pollution, or endanger public health or safety, the director may 10,086
issue a permit for the facility with such terms and conditions as 10,087
the director finds necessary to protect public health and safety 10,088
and the environment. If a permit is issued, the director shall 10,090
state in the order issuing it the specific findings supporting 10,091
each such term or condition. 10,092
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section 10,094
do not apply to a solid waste compost facility that accepts 10,095
exclusively source separated yard wastes and that is registered 10,096
under division (C) of section 3734.02 of the Revised Code OR, 10,098
UNLESS OTHERWISE PROVIDED IN RULES ADOPTED UNDER DIVISION (N)(3) 10,099
OF SECTION 3734.02 OF THE REVISED CODE, TO A SOLID WASTE COMPOST 10,100
FACILITY IF THE DIRECTOR HAS ADOPTED RULES ESTABLISHING AN 10,101
ALTERNATIVE SYSTEM FOR AUTHORIZING THE ESTABLISHMENT, OPERATION, 10,102
OR MODIFICATION OF A SOLID WASTE COMPOST FACILITY UNDER THAT 10,103
DIVISION. 10,104
(9) Divisions (A)(1) to (7) of this section do not apply 10,106
to scrap tire collection, storage, monocell, monofill, and 10,107
recovery facilities. The approval of plans and specifications, 10,108
as applicable, and the issuance of registration certificates, 10,109
permits, and licenses for those facilities are subject to 10,110
sections 3734.75 to 3734.78 of the Revised Code, as applicable, 10,111
and section 3734.81 of the Revised Code. 10,112
(10) Divisions (A)(3) and (4) of this section do not apply 10,114
to a solid waste incinerator that was placed into operation on or 10,116
232
before October 12, 1994, and that is not authorized to accept and 10,117
treat infectious wastes pursuant to division (B) of this section. 10,119
(B)(1) Each person who is engaged in the business of 10,121
treating infectious wastes for profit at a treatment facility 10,122
located off the premises where the wastes are generated that is 10,123
in operation on August 10, 1988, and who proposes to continue 10,124
operating the facility shall submit to the board of health of the 10,125
health district in which the facility is located an application 10,126
for a license to operate the facility. 10,127
Thereafter, no person shall operate or maintain an 10,129
infectious waste treatment facility without a license issued by 10,130
the board of health of the health district in which the facility 10,131
is located or by the director when the health district in which 10,133
the facility is located is not on the approved list under section 10,134
3734.08 of the Revised Code.
(2)(a) During the month of December, but before the first 10,136
day of January of the next year, every person proposing to 10,137
continue to operate an existing infectious waste treatment 10,138
facility shall procure a license to operate the facility for that 10,139
year from the board of health of the health district in which the 10,140
facility is located or, if the health district is not on the 10,141
approved list under section 3734.08 of the Revised Code, from the 10,142
director. The application for such a license shall be submitted 10,143
to the board of health or to the director, as appropriate, on or 10,144
before the last day of September of the year preceding that for 10,145
which the license is sought. In addition to the application fee 10,146
prescribed in division (B)(2)(c) of this section, a person who 10,147
submits an application after that date shall pay an additional 10,148
ten per cent of the amount of the application fee for each week 10,149
that the application is late. Late payment fees accompanying an 10,150
application submitted to the board of health shall be credited to 10,151
the special infectious waste fund of the health district created 10,152
in division (C) of section 3734.06 of the Revised Code, and late 10,153
payment fees accompanying an application submitted to the 10,154
233
director shall be credited to the general revenue fund. A person 10,155
who has received a license, upon sale or disposition of an 10,156
infectious waste treatment facility and upon consent of the board 10,157
of health and the director, may have the license transferred to 10,158
another person. The board of health or the director may include 10,159
such terms and conditions in a license or revision to a license 10,160
as are appropriate to ensure compliance with the infectious waste 10,161
provisions of this chapter and rules adopted under them. 10,162
(b) Each person proposing to open a new infectious waste 10,164
treatment facility or to modify an existing infectious waste 10,165
treatment facility shall submit an application for a permit with 10,166
accompanying detail plans and specifications to the environmental 10,167
protection agency for required approval under the rules adopted 10,168
by the director pursuant to section 3734.021 of the Revised Code 10,169
two hundred seventy days before proposed operation of the 10,170
facility and concurrently shall make application for a license 10,171
with the board of health of the health district in which the 10,172
facility is or is proposed to be located. Not later than ninety 10,173
days after receiving a completed application under division 10,174
(B)(2)(b) of this section for a permit to open a new infectious 10,175
waste treatment facility or modify an existing infectious waste 10,176
treatment facility to expand its treatment capacity, or receiving 10,177
a completed application under division (A)(2)(a) of this section 10,178
for a permit to open a new solid waste incineration facility, or 10,179
modify an existing solid waste incineration facility to also 10,180
treat infectious wastes or to increase its infectious waste 10,181
treatment capacity, that pertains to a facility for which a 10,182
notation authorizing infectious waste treatment is included or 10,183
proposed to be included in the solid waste incineration 10,184
facility's license pursuant to division (B)(3) of this section, 10,185
the director shall hold a public hearing on the application 10,186
within the county in which the new or modified infectious waste 10,187
or solid waste facility is or is proposed to be located or within 10,188
a contiguous county. Not less than thirty days before holding 10,189
234
the public hearing on the application, the director shall publish 10,190
notice of the hearing in each newspaper that has general 10,191
circulation and that is published in the county in which the 10,192
facility is or is proposed to be located. If there is no 10,193
newspaper that has general circulation and that is published in 10,194
the county, the director shall publish the notice in a newspaper 10,195
of general circulation in the county. The notice shall contain 10,196
the date, time, and location of the public hearing and a general 10,197
description of the proposed new or modified facility. At the 10,198
public hearing, any person may submit written or oral comments on 10,199
or objections to the approval or disapproval of the application. 10,200
The applicant, or a representative of the applicant who has 10,201
knowledge of the location, construction, and operation of the 10,202
facility, shall attend the public hearing to respond to comments 10,203
or questions concerning the facility directed to the applicant or 10,205
representative by the officer or employee of the environmental 10,206
protection agency presiding at the hearing. 10,207
(c) Each application for a permit under division (B)(2)(b) 10,209
of this section shall be accompanied by a nonrefundable 10,210
application fee of four hundred dollars that shall be credited to 10,211
the general revenue fund. Each application for an annual license 10,212
under division (B)(2)(a) of this section shall be accompanied by 10,213
a nonrefundable application fee of one hundred dollars. If the 10,214
application for an annual license is submitted to a board of 10,215
health on the approved list under section 3734.08 of the Revised 10,216
Code, the application fee shall be credited to the special 10,217
infectious waste fund of the health district created in division 10,218
(C) of section 3734.06 of the Revised Code. If the application 10,219
for an annual license is submitted to the director, the 10,220
application fee shall be credited to the general revenue fund. 10,221
If a permit or license is issued, the amount of the application 10,223
fee paid shall be deducted from the amount of the permit fee due 10,224
under division (Q) of section 3745.11 of the Revised Code or the 10,227
amount of the license fee due under division (C) of section 10,228
235
3734.06 of the Revised Code.
(d) The owner or operator of any infectious waste 10,230
treatment facility that commenced operation on or before July 1, 10,231
1968, shall submit to the director an application for a permit 10,232
with accompanying engineering detail plans, specifications, and 10,233
information regarding the facility and its method of operation 10,234
for approval under rules adopted under section 3734.021 of the 10,235
Revised Code in accordance with the following schedule: 10,236
(i) Not later than December 24, 1988, if the facility is 10,238
located in Delaware, Greene, Guernsey, Hamilton, Madison, 10,239
Mahoning, Ottawa, or Vinton county; 10,240
(ii) Not later than March 24, 1989, if the facility is 10,242
located in Champaign, Clinton, Columbiana, Huron, Paulding, 10,243
Stark, or Washington county, or is located in the city of 10,244
Brooklyn, Cuyahoga Heights, or Parma in Cuyahoga county; 10,245
(iii) Not later than June 24, 1989, if the facility is 10,247
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 10,248
Lucas, or Summit county or is located in Cuyahoga county outside 10,249
the cities of Brooklyn, Cuyahoga Heights, and Parma; 10,250
(iv) Not later than September 24, 1989, if the facility is 10,252
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 10,253
county; 10,254
(v) Not later than December 24, 1989, if the facility is 10,256
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 10,257
of this section. 10,258
The owner or operator of an infectious waste treatment 10,260
facility required to submit a permit application under division 10,261
(B)(2)(d) of this section is not required to pay any permit 10,262
application fee under division (B)(2)(c) of this section, or 10,263
permit fee under division (Q) of section 3745.11 of the Revised 10,266
Code, with respect thereto unless the owner or operator also 10,267
proposes to modify the facility.
(e) The director may issue an order in accordance with 10,269
Chapter 3745. of the Revised Code to the owner or operator of an 10,270
236
infectious waste treatment facility requiring the person to 10,271
submit to the director updated engineering detail plans, 10,272
specifications, and information regarding the facility and its 10,273
method of operation for approval under rules adopted under 10,274
section 3734.021 of the Revised Code if, in the director's 10,275
judgment, conditions at the facility constitute a substantial 10,276
threat to public health or safety or are causing or contributing 10,277
to or threatening to cause or contribute to air or water 10,278
pollution or soil contamination. Any person who receives such an 10,279
order shall submit the updated engineering detail plans, 10,280
specifications, and information to the director within one 10,281
hundred eighty days after the effective date of the order. 10,282
(f) The director shall act upon an application submitted 10,284
under division (B)(2)(d) of this section and any updated 10,285
engineering plans, specifications, and information submitted 10,286
under division (B)(2)(e) of this section within one hundred 10,287
eighty days after receiving them. If the director denies any 10,288
such permit application or disapproves any such updated 10,289
engineering plans, specifications, and information, the director 10,291
shall include in the order denying the application or 10,292
disapproving the plans the requirement that the owner or operator 10,293
cease accepting infectious wastes for treatment at the facility. 10,294
(3) Division (B) of this section does not apply to an 10,296
infectious waste treatment facility that meets any of the 10,297
following conditions: 10,298
(a) Is owned or operated by the generator of the wastes 10,300
and exclusively treats, by methods, techniques, and practices 10,301
established by rules adopted under division (C)(1) or (3) of 10,302
section 3734.021 of the Revised Code, wastes that are generated 10,303
at any premises owned or operated by that generator regardless of 10,304
whether the wastes are generated on the same premises where the 10,305
generator's treatment facility is located or, if the generator is 10,306
a hospital as defined in section 3727.01 of the Revised Code, 10,307
infectious wastes that are described in division (A)(1)(g), (h), 10,308
237
or (i) of section 3734.021 of the Revised Code; 10,309
(b) Holds a license or renewal of a license to operate a 10,311
crematory facility issued under Chapter 4717. and a permit issued 10,313
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, 10,315
or the blood of animals, and is subject to any of the following: 10,316
(i) Inspection under the "Federal Meat Inspection Act," 81 10,318
Stat. 584 (1967), 21 U.S.C.A. 603, as amended; 10,319
(ii) Chapter 918. of the Revised Code; 10,321
(iii) Chapter 953. of the Revised Code. 10,323
Nothing in division (B) of this section requires a facility 10,325
that holds a license issued under division (A) of this section as 10,326
a solid waste facility and that also treats infectious wastes by 10,327
the same method, technique, or process to obtain a license under 10,328
division (B) of this section as an infectious waste treatment 10,329
facility. However, the solid waste facility license for the 10,330
facility shall include the notation that the facility also treats 10,331
infectious wastes. 10,332
On and after the effective date of the amendments to the 10,334
rules adopted under division (C)(2) of section 3734.021 of the 10,335
Revised Code that are required by Section 6 of Substitute House 10,336
Bill No. 98 of the 120th General Assembly, the director shall not 10,338
issue a permit to open a new solid waste incineration facility 10,339
unless the proposed facility complies with the requirements for 10,340
the location of new infectious waste incineration facilities 10,341
established in the required amendments to those rules. 10,342
(C) Except for a facility or activity described in 10,344
division (E)(3) of section 3734.02 of the Revised Code, a person 10,346
who proposes to establish or operate a hazardous waste facility 10,347
shall submit an application for a hazardous waste facility 10,349
installation and operation permit and accompanying detail plans, 10,350
specifications, and such information as the director may require 10,351
to the environmental protection agency, except as provided in 10,352
division (E)(2) of this section, at least one hundred eighty days 10,353
238
before the proposed beginning of operation of the facility. The 10,354
applicant shall notify by certified mail the legislative 10,355
authority of each municipal corporation, township, and county in 10,356
which the facility is proposed to be located of the submission of 10,357
the application within ten days after the submission or at such 10,358
earlier time as the director may establish by rule. If the 10,359
application is for a proposed new hazardous waste disposal or 10,360
thermal treatment facility, the applicant also shall give actual 10,361
notice of the general design and purpose of the facility to the 10,362
legislative authority of each municipal corporation, township, 10,363
and county in which the facility is proposed to be located at 10,365
least ninety days before the permit application is submitted to 10,366
the environmental protection agency.
(D)(1) There is hereby created the hazardous waste 10,368
facility board, composed of the director of environmental 10,369
protection who shall serve as chairperson, the director of 10,370
natural resources, and the chairperson of the Ohio water 10,372
development authority, or their respective designees, and one 10,373
chemical engineer and one geologist who each shall be employed by 10,374
a state university as defined in section 3345.011 of the Revised 10,375
Code. The chemical engineer and geologist each shall be 10,376
appointed by the governor, with the advice and consent of the 10,377
senate, for a term of two years. The chemical engineer and 10,378
geologist each shall receive as compensation five thousand 10,379
dollars per year, plus expenses necessarily incurred in the 10,381
performance of their duties.
The board shall not issue any final order without the 10,383
consent of at least three members. 10,384
(2) The hazardous waste facility board shall do both of 10,387
the following: 10,388
(a) Pursuant to Chapter 119. of the Revised Code, adopt 10,390
rules governing procedure to be followed in hearings before the 10,392
board; 10,393
(b) Except as provided in section 3734.123 of the Revised 10,395
239
Code, approve or disapprove applications for a hazardous waste 10,396
facility installation and operation permit for new facilities and 10,397
applications for modifications to existing permits for which the 10,398
board has jurisdiction as provided in division (I)(3) of this 10,399
section.
(3) Except as provided in section 3734.123 of the Revised 10,401
Code, upon receipt of the completed application for a hazardous 10,402
waste facility installation and operation permit and a 10,403
preliminary determination by the staff of the environmental 10,404
protection agency that the application appears to comply with 10,405
agency rules and to meet the performance standards set forth in 10,406
divisions (D), (I), and (J) of section 3734.12 of the Revised 10,407
Code, the director shall transmit the application to the board, 10,410
which shall do all of the following: 10,411
(a) Promptly fix a date for a public hearing on the 10,413
application, not fewer than sixty nor more than ninety days after 10,414
receipt of the completed application. At the public hearing, any 10,415
person may submit written or oral comments or objections to the 10,416
approval or disapproval of the application. A representative of 10,417
the applicant who has knowledge of the location, construction, 10,418
operation, closure, and post-closure care, if applicable, of the 10,419
facility shall attend the public hearing in order to respond to 10,420
comments or questions concerning the facility directed to the 10,421
representative by the presiding officer. 10,422
(b) Give public notice of the date of the public hearing 10,424
and a summary of the application in a newspaper having general 10,425
circulation in the county in which the facility is proposed to be 10,426
located. The notice shall contain, at a minimum, the date, time, 10,427
and location of the public hearing and shall include the location 10,429
and street address of, or the nearest intersection to, the 10,430
proposed facility, a description of the proposed facility, and 10,431
the location where copies of the application, a short statement 10,432
by the applicant of the anticipated environmental impact of the 10,433
facility, and a map of the facility are available for inspection. 10,434
240
(c) Promptly fix a date for an adjudication hearing, not 10,436
fewer than ninety nor more than one hundred twenty days after 10,437
receipt of the completed application, at which hearing the board 10,438
shall hear and decide all disputed issues between the parties 10,439
respecting the approval or disapproval of the application. 10,440
(4) The parties to any adjudication hearing before the 10,442
board upon a completed application shall be the following: 10,443
(a) The applicant; 10,445
(b) The staff of the environmental protection agency; 10,447
(c) The board of county commissioners of the county, the 10,449
board of township trustees of the township, and the chief 10,450
executive officer of the municipal corporation in which the 10,451
facility is proposed to be located; 10,452
(d) Any other person who would be aggrieved or adversely 10,454
affected by the proposed facility and who files a petition to 10,455
intervene in the adjudication hearing not later than thirty days 10,456
after the date of publication of the notice required in division 10,457
(D)(3)(b) of this section if the petition is granted by the board 10,459
for good cause shown. The board may allow intervention by other 10,460
aggrieved or adversely affected persons up to fifteen days prior 10,461
to the date of the adjudication hearing for good cause shown when 10,462
the intervention would not be unduly burdensome to or cause a 10,463
delay in the permitting process.
(5) The hazardous waste facility board shall conduct any 10,465
adjudication hearing upon disputed issues in accordance with 10,466
Chapter 119. of the Revised Code and the rules of the board 10,467
governing the procedure of such hearings. Each party may call 10,468
and examine witnesses and submit other evidence respecting the 10,469
disputed issues presented by an application. A written record 10,470
shall be made of the hearing and of all testimony and evidence 10,471
submitted to the board. 10,472
(6) The board shall not approve an application for a 10,474
hazardous waste facility installation and operation permit unless 10,475
it finds and determines as follows: 10,476
241
(a) The nature and volume of the waste to be treated, 10,478
stored, or disposed of at the facility; 10,479
(b) That the facility complies with the director's 10,481
hazardous waste standards adopted pursuant to section 3734.12 of 10,482
the Revised Code; 10,483
(c) That the facility represents the minimum adverse 10,485
environmental impact, considering the state of available 10,486
technology and the nature and economics of various alternatives, 10,487
and other pertinent considerations; 10,488
(d) That the facility represents the minimum risk of all 10,490
of the following: 10,491
(i) Contamination of ground and surface waters; 10,493
(ii) Fires or explosions from treatment, storage, or 10,495
disposal methods; 10,496
(iii) Accident during transportation of hazardous waste to 10,498
or from the facility; 10,499
(iv) Impact on the public health and safety; 10,501
(v) Air pollution; 10,503
(vi) Soil contamination. 10,505
(e) That the facility will comply with Chapters 3704., 10,507
3734., and 6111. of the Revised Code and all rules and standards 10,508
adopted under those chapters; 10,509
(f) That if the owner of the facility, the operator of the 10,511
facility, or any other person in a position with the facility 10,512
from which the person may influence the installation and 10,513
operation of the facility has been involved in any prior activity 10,515
involving transportation, treatment, storage, or disposal of 10,516
hazardous waste, that person has a history of compliance with 10,517
Chapters 3704., 3734., and 6111. of the Revised Code and all 10,518
rules and standards adopted under those chapters, the "Resource 10,519
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 10,520
U.S.C.A. 6921, as amended, and all regulations adopted under it, 10,521
and similar laws and rules of other states if any such prior 10,522
operation was located in another state that demonstrates 10,523
242
sufficient reliability, expertise, and competency to operate a 10,524
hazardous waste facility under the applicable provisions of 10,525
Chapters 3704., 3734., and 6111. of the Revised Code, the 10,526
applicable rules and standards adopted under those chapters, and 10,527
terms and conditions of a hazardous waste facility installation 10,528
and operation permit, given the potential for harm to the public 10,529
health and safety and the environment that could result from the 10,530
irresponsible operation of the facility; 10,531
(g) That the active areas within a new hazardous waste 10,533
facility where acute hazardous waste as listed in 40 C.F.R. 10,534
261.33 (e), as amended, or organic waste that is toxic and is 10,535
listed under 40 C.F.R. 261, as amended, is being stored, treated, 10,536
or disposed of and where the aggregate of the storage design 10,537
capacity and the disposal design capacity of all hazardous waste 10,538
in those areas is greater than two hundred fifty thousand 10,539
gallons, are not located or operated within any of the following: 10,540
(i) Two thousand feet of any residence, school, hospital, 10,542
jail, or prison; 10,543
(ii) Any naturally occurring wetland; 10,545
(iii) Any flood hazard area if the applicant cannot show 10,547
that the facility will be designed, constructed, operated, and 10,548
maintained to prevent washout by a one-hundred-year flood or that 10,549
procedures will be in effect to remove the waste before flood 10,550
waters can reach it. 10,551
Division (D)(6)(g) of this section does not apply to the 10,553
facility of any applicant who demonstrates to the board that the 10,554
limitations specified in that division are not necessary because 10,555
of the nature or volume of the waste and the manner of management 10,556
applied, the facility will impose no substantial danger to the 10,557
health and safety of persons occupying the structures listed in 10,558
division (D)(6)(g)(i) of this section, and the facility is to be 10,559
located or operated in an area where the proposed hazardous waste 10,560
activities will not be incompatible with existing land uses in 10,561
the area. 10,562
243
(h) That the facility will not be located within the 10,564
boundaries of a state park established or dedicated under Chapter 10,565
1541. of the Revised Code, a state park purchase area established 10,566
under section 1541.02 of the Revised Code, any unit of the 10,567
national park system, or any property that lies within the 10,568
boundaries of a national park or recreation area, but that has 10,569
not been acquired or is not administered by the secretary of the 10,570
United States department of the interior, located in this state, 10,571
or any candidate area located in this state identified for 10,572
potential inclusion in the national park system in the edition of 10,573
the "national park system plan" submitted under paragraph (b) of 10,574
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 10,575
U.S.C.A. 1a-5, as amended, current at the time of filing of the 10,576
application for the permit, unless the facility will be used 10,577
exclusively for the storage of hazardous waste generated within 10,578
the park or recreation area in conjunction with the operation of 10,579
the park or recreation area. Division (D)(6)(h) of this section 10,580
does not apply to the facility of any applicant for modification 10,581
of a permit unless the modification application proposes to 10,582
increase the land area included in the facility or to increase 10,583
the quantity of hazardous waste that will be treated, stored, or 10,584
disposed of at the facility. 10,585
In rendering a decision upon an application for a hazardous 10,587
waste facility installation and operation permit, the board shall 10,588
issue a written order and opinion, which shall include the 10,589
specific findings of fact and conclusions of law that support the 10,592
board's approval or disapproval of the application.
If the board approves an application for a hazardous waste 10,594
facility installation and operation permit, as a part of its 10,595
written order, it shall issue the permit, upon such terms and 10,596
conditions as the board finds are necessary to ensure the 10,597
construction and operation of the hazardous waste facility in 10,598
accordance with the standards of this section. 10,599
(7) Any party adversely affected by an order of the 10,601
244
hazardous waste facility board may appeal the order and decision 10,602
of the board to the court of appeals of Franklin county. An 10,603
appellant shall file with the board a notice of appeal, which 10,604
shall designate the order appealed from. A copy of the notice 10,605
also shall be filed by the appellant with the court, and a copy 10,606
shall be sent by certified mail to each party to the adjudication 10,607
hearing before the board. Such notices shall be filed and mailed 10,608
within thirty days after the date upon which the appellant 10,609
received notice from the board by certified mail of the making of 10,610
the order appealed from. No appeal bond shall be required to 10,611
make an appeal effective. 10,612
The filing of a notice of appeal shall not operate 10,614
automatically as a suspension of the order of the board. If it 10,615
appears to the court that an unjust hardship to the appellant 10,616
will result from the execution of the board's order pending 10,617
determination of the appeal, the court may grant a suspension of 10,618
the order and fix its terms. 10,619
Within twenty days after receipt of the notice of appeal, 10,621
the board shall prepare and file in the court the complete record 10,622
of proceedings out of which the appeal arises, including any 10,623
transcript of the testimony and any other evidence that has been 10,624
submitted before the board. The expense of preparing and 10,625
transcribing the record shall be taxed as a part of the costs of 10,626
the appeal. The appellant, other than the state or a political 10,627
subdivision, an agency of either, or any officer of the appellant 10,628
acting in the officer's representative capacity, shall provide 10,630
security for costs satisfactory to the court considering the 10,631
respective interests of the parties and the public interest. 10,632
Upon demand by a party, the board shall furnish, at the cost of 10,633
the party requesting it, a copy of the record. If the complete 10,634
record is not filed within the time provided for in this section, 10,635
any party may apply to the court to have the case docketed, and 10,636
the court shall order the record filed. 10,637
In hearing the appeal, the court is confined to the record 10,639
245
as certified to it by the board. The court may grant a request 10,640
for the admission of additional evidence when satisfied that the 10,641
additional evidence is newly discovered and could not with 10,642
reasonable diligence have been ascertained prior to the hearing 10,643
before the board. 10,644
The court shall affirm the order complained of in the 10,646
appeal if it finds, upon consideration of the entire record and 10,647
such additional evidence as the court has admitted, that the 10,648
order is supported by reliable, probative, and substantial 10,649
evidence and is in accordance with law. In the absence of such 10,650
findings, it shall reverse, vacate, or modify the order or make 10,651
such other ruling as is supported by reliable, probative, and 10,652
substantial evidence and is in accordance with law. The judgment 10,653
of the court shall be final and conclusive unless reversed, 10,654
vacated, or modified on appeal. Such appeals may be taken by any 10,655
party to the appeal pursuant to the Rules of Practice of the 10,656
Supreme Court and, to the extent not in conflict with those 10,657
rules, Chapter 2505. of the Revised Code. 10,658
(E)(1) Upon receipt of a completed application, the board 10,660
shall issue a hazardous waste facility installation and operation 10,661
permit for a hazardous waste facility subject to the requirements 10,662
of divisions (D)(6) and (7) of this section and all applicable 10,663
federal regulations if the facility for which the permit is 10,664
requested satisfies all of the following: 10,665
(a) Was in operation immediately prior to October 9, 1980; 10,667
(b) Was in substantial compliance with applicable statutes 10,669
and rules in effect immediately prior to October 9, 1980, as 10,670
determined by the director; 10,671
(c) Demonstrates to the board that its operations after 10,673
October 9, 1980, comply with applicable performance standards 10,674
adopted by the director pursuant to division (D) of section 10,675
3734.12 of the Revised Code; 10,676
(d) Submits a completed application for a permit under 10,678
division (C) of this section within six months after October 9, 10,679
246
1980. 10,680
The board shall act on the application within twelve months 10,682
after October 9, 1980. 10,683
(2) A hazardous waste facility that was in operation 10,685
immediately prior to October 9, 1980, may continue to operate 10,686
after that date if it does all of the following: 10,687
(a) Complies with performance standards adopted by the 10,689
director pursuant to division (D) of section 3734.12 of the 10,690
Revised Code; 10,691
(b) Submits a completed application for a hazardous waste 10,693
installation and operation permit under division (C) of this 10,694
section within six months after October 9, 1980; 10,695
(c) Obtains the permit under division (D) of this section 10,697
within twelve months after October 9, 1980. 10,698
(3) No political subdivision of this state shall require 10,700
any additional zoning or other approval, consent, permit, 10,701
certificate, or condition for the construction or operation of a 10,702
hazardous waste facility authorized by a hazardous waste facility 10,703
installation and operation permit issued pursuant to this 10,704
chapter, nor shall any political subdivision adopt or enforce any 10,705
law, ordinance, or rule that in any way alters, impairs, or 10,706
limits the authority granted in the permit. 10,707
(4) After the issuance of a hazardous waste facility 10,709
installation and operation permit by the board, each hazardous 10,710
waste facility shall be subject to the rules and supervision of 10,711
the director during the period of its operation, closure, and 10,712
post-closure care, if applicable. 10,713
(F) Upon approval of the board in accordance with 10,715
divisions (D) and (E) of this section, the board may issue a 10,716
single hazardous waste facility installation and operation permit 10,717
to a person who operates two or more adjoining facilities where 10,718
hazardous waste is stored, treated, or disposed of if the 10,719
application includes detail plans, specifications, and 10,720
information on all facilities. For the purposes of this section, 10,721
247
"adjoining" means sharing a common boundary, separated only by a 10,722
public road, or in such proximity that the director determines 10,723
that the issuance of a single permit will not create a hazard to 10,724
the public health or safety or the environment. 10,725
(G) No person shall falsify or fail to keep or submit any 10,727
plans, specifications, data, reports, records, manifests, or 10,728
other information required to be kept or submitted to the 10,729
director or to the hazardous waste facility board by this chapter 10,730
or the rules adopted under it. 10,731
(H)(1) Each person who holds an installation and operation 10,733
permit issued under this section and who wishes to obtain a 10,734
permit renewal shall submit a completed application for an 10,735
installation and operation permit renewal and any necessary 10,736
accompanying general plans, detail plans, specifications, and 10,737
such information as the director may require to the director no 10,738
later than one hundred eighty days prior to the expiration date 10,739
of the existing permit or upon a later date prior to the 10,740
expiration of the existing permit if the permittee can 10,741
demonstrate good cause for the late submittal. The director 10,742
shall consider the application and accompanying information, 10,743
inspection reports of the facility, results of performance tests, 10,744
a report regarding the facility's compliance or noncompliance 10,745
with the terms and conditions of its permit and rules adopted by 10,746
the director under this chapter, and such other information as is 10,747
relevant to the operation of the facility and shall issue a draft 10,748
renewal permit or a notice of intent to deny the renewal permit. 10,749
The director, in accordance with rules adopted under this section 10,750
or with rules adopted to implement Chapter 3745. of the Revised 10,751
Code, shall give public notice of the application and draft 10,752
renewal permit or notice of intent to deny the renewal permit, 10,753
provide for the opportunity for public comments within a 10,754
specified time period, schedule a public meeting in the county in 10,755
which the facility is located if significant interest is shown, 10,756
and give public notice of the public meeting. 10,757
248
(2) Within sixty days after the public meeting or close of 10,759
the public comment period, the director, without prior hearing, 10,760
shall issue or deny the renewal permit in accordance with Chapter 10,761
3745. of the Revised Code. The director shall not issue a 10,762
renewal permit unless the director determines that the facility 10,764
under the existing permit has a history of compliance with this 10,765
chapter, rules adopted under it, the existing permit, or orders 10,766
entered to enforce such requirements that demonstrates sufficient 10,767
reliability, expertise, and competency to operate the facility 10,768
henceforth under this chapter, rules adopted under it, and the 10,769
renewal permit. If the director approves an application for a 10,770
renewal permit, the director shall issue the permit subject to 10,772
the payment of the annual permit fee required under division (E) 10,773
of section 3734.02 of the Revised Code and upon such terms and 10,774
conditions as the director finds are reasonable to ensure that 10,775
continued operation, maintenance, closure, and post-closure care 10,777
of the hazardous waste facility are in accordance with the rules 10,778
adopted under section 3734.12 of the Revised Code. 10,779
(3) An installation and operation permit renewal 10,781
application submitted to the director that also contains or would 10,782
constitute an application for a modification shall be acted upon 10,784
by the director in accordance with division (I) of this section 10,785
in the same manner as an application for a modification. In 10,786
approving or disapproving the renewal portion of a permit renewal 10,788
application containing an application for a modification, the 10,789
director shall apply the criteria established under division 10,791
(H)(2) of this section.
(4) An application for renewal or modification of a permit 10,794
that does not contain an application for a modification as 10,795
described in divisions (I)(3)(a) to (d) of this section shall not 10,797
be subject to division (D) of this section. 10,798
(I)(1) As used in this section, "modification" means a 10,800
change or alteration to a hazardous waste facility or its 10,801
operations that is inconsistent with or not authorized by its 10,803
249
existing permit or authorization to operate. Modifications shall
be classified as Class 1, 2, or 3 modifications in accordance 10,805
with rules adopted under division (K) of this section. 10,806
Modifications classified as Class 3 modifications, in accordance 10,807
with rules adopted under that division, shall be further 10,808
classified by the director as either Class 3 modifications that 10,809
are to be approved or disapproved by the hazardous waste facility 10,810
board as described in divisions (I)(3)(a) to (d) of this section 10,811
or as Class 3 modifications that are to be approved or 10,812
disapproved by the director under division (I)(5) of this 10,813
section. Not later than thirty days after receiving a request 10,814
for a modification under division (I)(4) of this section that is 10,815
not listed in Appendix I to 40 C.F.R. 270.42 or in rules adopted 10,817
under division (K) of this section, the director shall classify 10,818
the modification and shall notify the owner or operator of the
facility requesting the modification of the classification. 10,819
Notwithstanding any other law to the contrary, any modification 10,821
that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator 10,822
shall be classified as a Class 3 modification. 10,823
(2) Except as provided in section 3734.123 of the Revised 10,825
Code, a hazardous waste facility installation and operation 10,826
permit may be modified at the request of the director or upon the 10,828
written request of the permittee only if any of the following 10,829
applies:
(a) The permittee desires to accomplish alterations, 10,831
additions, or deletions to the permitted facility or to undertake 10,832
alterations, additions, deletions, or activities that are 10,833
inconsistent with or not authorized by the existing permit; 10,834
(b) New information or data justify permit conditions in 10,836
addition to or different from those in the existing permit; 10,837
(c) The standards, criteria, or rules upon which the 10,839
existing permit is based have been changed by new, amended, or 10,840
rescinded standards, criteria, or rules, or by judicial decision 10,841
250
after the existing permit was issued, and the change justifies 10,842
permit conditions in addition to or different from those in the 10,843
existing permit; 10,844
(d) The permittee proposes to transfer the permit to 10,846
another person. 10,847
(3) The director has jurisdiction to approve or disapprove 10,849
applications for Class 1 modifications, Class 2 modifications, 10,850
and Class 3 modifications not otherwise described in divisions 10,851
(I)(3)(a) to (d) of this section. The hazardous waste facility 10,854
board has jurisdiction to approve or disapprove applications for 10,855
any of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal 10,858
at a site, location, or tract of land that has not been
authorized for the proposed category of treatment, storage, or 10,859
disposal activity by the facility's permit; 10,860
(b) Modification or addition of a hazardous waste 10,862
management unit, as defined in rules adopted under section 10,863
3734.12 of the Revised Code, that results in an increase in a 10,864
facility's storage capacity of more than twenty-five per cent 10,865
over the capacity authorized by the facility's permit, an 10,866
increase in a facility's treatment rate of more than twenty-five 10,868
per cent over the rate so authorized, or an increase in a 10,869
facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be 10,870
calculated from the approved design plans for the disposal units 10,871
at that facility. In no case during a five-year period shall a 10,872
facility's storage capacity or treatment rate be modified to 10,874
increase by more than twenty-five per cent in the aggregate
without board approval. Notwithstanding any provision of 10,875
division (I) of this section to the contrary, a request for 10,877
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director. 10,878
(c) Authority to add any of the following categories of 10,880
regulated activities not previously authorized at a facility by 10,881
251
the facility's permit: storage at a facility not previously 10,882
authorized to store hazardous waste, treatment at a facility not 10,883
previously authorized to treat hazardous waste, or disposal at a 10,884
facility not previously authorized to dispose of hazardous waste; 10,885
or authority to add a category of hazardous waste management unit 10,886
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this 10,887
section to the contrary, a request for authority to add or to 10,888
modify an activity or a hazardous waste management unit for the 10,889
purposes of performing a corrective action shall be classified 10,890
and approved or disapproved by the director.
(d) Authority to treat, store, or dispose of waste types 10,892
listed or characterized as reactive or explosive, in rules 10,894
adopted under section 3734.12 of the Revised Code, or any acute 10,895
hazardous waste listed in 40 C.F.R. 261.33(e), as amended, at a 10,896
facility not previously authorized to treat, store, or dispose of 10,897
those types of wastes by the facility's permit unless the 10,898
requested authority is limited to wastes that no longer exhibit 10,900
characteristics meeting the criteria for listing or
characterization as reactive or explosive wastes, or for listing 10,901
as acute hazardous waste, but still are required to carry those 10,902
waste codes as established in rules adopted under section 3734.12 10,903
of the Revised Code because of the requirements established in 40 10,904
C.F.R. 261(a) and (e), as amended, that is, the "mixture," 10,905
"derived-from," or "contained-in" regulations. 10,906
(4) A written request for a modification from the 10,909
permittee shall be submitted to the director and shall contain 10,910
such information as is necessary to support the request. The 10,911
director shall transmit to the board requests for Class 3
modifications described in divisions (I)(3)(a) to (d) of this 10,913
section within two hundred forty days after receiving the 10,914
requests. Requests for modifications shall be acted upon by the 10,915
director or the board, as appropriate, in accordance with this 10,916
section and rules adopted under it. 10,917
252
(5) Class 1 modification applications that require prior 10,920
approval of the director, as determined in accordance with rules 10,921
adopted under division (K) of this section, Class 2 modification 10,922
applications, and Class 3 modification applications that are not 10,923
described in divisions (I)(3)(a) to (d) of this section shall be 10,925
approved or disapproved by the director in accordance with rules
adopted under division (K) of this section. The board of county 10,926
commissioners of the county, the board of township trustees of 10,927
the township, and the city manager or mayor of the municipal 10,928
corporation in which a hazardous waste facility is located shall 10,929
receive notification of any application for a modification for 10,930
that facility and shall be considered as interested persons with 10,931
respect to the director's consideration of the application. 10,932
For those modification applications for a transfer of a 10,935
permit to a new owner or operator of a facility, the director 10,936
also shall determine that, if the transferee owner or operator 10,937
has been involved in any prior activity involving the 10,939
transportation, treatment, storage, or disposal of hazardous 10,940
waste, the transferee owner or operator has a history of
compliance with this chapter and Chapters 3704. and 6111. of the 10,942
Revised Code and all rules and standards adopted under them, the 10,944
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 10,945
42 U.S.C.A. 6921, as amended, and all regulations adopted under 10,946
it, and similar laws and rules of another state if the transferee 10,947
owner or operator owns or operates a facility in that state, that 10,948
demonstrates sufficient reliability, expertise, and competency to
operate a hazardous waste facility under this chapter and 10,950
Chapters 3704. and 6111. of the Revised Code, all rules and 10,952
standards adopted under them, and terms and conditions of a
hazardous waste facility installation and operation permit, given 10,953
the potential for harm to the public health and safety and the 10,954
environment that could result from the irresponsible operation of 10,955
the facility. A permit may be transferred to a new owner or 10,957
operator only pursuant to a Class 3 permit modification.
253
As used in division (I)(5) of this section: 10,960
(a) "Owner" means the person who owns a majority or 10,962
controlling interest in a facility. 10,963
(b) "Operator" means the person who is responsible for the 10,965
overall operation of a facility. 10,966
The director shall approve or disapprove an application for 10,968
a Class 1 modification that requires the director's approval 10,969
within sixty days after receiving the request for modification. 10,970
The director shall approve or disapprove an application for a 10,971
Class 2 modification within three hundred days after receiving 10,972
the request for modification. The director shall approve or 10,973
disapprove an application for a Class 3 modification that is not 10,975
described in divisions (I)(3)(a) to (d) of this section within 10,976
three hundred sixty-five days after receiving the request for 10,977
modification.
(6) The approval or disapproval by the director of a Class 10,979
1 modification application is not a final action that is 10,980
appealable under Chapter 3745. of the Revised Code. The approval 10,981
or disapproval by the director of a Class 2 modification or a 10,983
Class 3 modification that is not described in divisions (I)(3)(a) 10,984
to (d) of this section is a final action that is appealable under 10,985
that chapter. In approving or disapproving a request for a 10,986
modification, the director shall consider all comments pertaining 10,987
to the request that are received during the public comment period 10,988
and the public meetings. The administrative record for appeal of 10,989
a final action by the director in approving or disapproving a
request for a modification shall include all comments received 10,990
during the public comment period relating to the request for 10,991
modification, written materials submitted at the public meetings 10,992
relating to the request, and any other documents related to the 10,993
director's action.
(7) The hazardous waste facility board shall approve or 10,995
disapprove an application for a Class 3 modification transmitted 10,997
to it under division (I)(4) of this section, or that portion of a 10,999
254
permit renewal application that constitutes a Class 3 11,000
modification application so transmitted, of a hazardous waste
facility installation and operation permit in accordance with 11,002
division (D) of this section. No other request for a 11,003
modification shall be subject to division (D)(6) of this section. 11,004
No aspect of a permitted facility or its operations that is not 11,006
being modified as described in division (I)(3)(a), (b), (c), or 11,007
(d) of this section shall be subject to review by the board under 11,009
division (D) of this section.
(8) Notwithstanding any other provision of law to the 11,011
contrary, a change or alteration to a hazardous waste facility 11,012
described in division (E)(3)(a) or (b) of section 3734.02 of the 11,013
Revised Code, or its operations, is a modification for the 11,014
purposes of this section. An application for a modification at 11,016
such a facility shall be submitted, classified, and approved or 11,017
disapproved in accordance with divisions (I)(1) to (7) of this 11,018
section in the same manner as a modification to a hazardous waste 11,019
facility installation and operation permit. 11,020
(J)(1) Except as provided in division (J)(2) of this 11,022
section, an owner or operator of a hazardous waste facility that 11,024
is operating in accordance with a permit by rule under rules 11,025
adopted by the director under division (E)(3)(b) of section 11,026
3734.02 of the Revised Code shall submit either a hazardous waste 11,028
facility installation and operation permit application for the 11,029
facility or a modification application, whichever is required 11,030
under division (J)(1)(a) or (b) of this section, within one 11,031
hundred eighty days after the director has requested the 11,032
application or upon a later date if the owner or operator 11,033
demonstrates to the director good cause for the late submittal. 11,034
(a) If the owner or operator does not have a hazardous 11,036
waste facility installation and operation permit for any 11,037
hazardous waste treatment, storage, or disposal activities at the 11,038
facility, the owner or operator shall submit an application for 11,040
such a permit to the director for the activities authorized by
255
the permit by rule. Notwithstanding any other provision of law 11,042
to the contrary, the director shall approve or disapprove the
application for the permit in accordance with the procedures 11,043
governing the approval or disapproval of permit renewals under 11,044
division (H) of this section. 11,045
(b) If the owner or operator has a hazardous waste 11,047
facility installation and operation permit for hazardous waste 11,048
treatment, storage, or disposal activities at the facility other 11,049
than those authorized by the permit by rule, the owner or 11,050
operator shall submit to the director a request for modification 11,051
in accordance with division (I) of this section. Notwithstanding 11,052
any other provision of law to the contrary, the director shall
approve or disapprove the modification application in accordance 11,053
with rules adopted under division (K) of this section. 11,054
(2) The owner or operator of a boiler or industrial 11,056
furnace that is conducting thermal treatment activities in 11,057
accordance with a permit by rule under rules adopted by the 11,058
director under division (E)(3)(b) of section 3734.02 of the 11,060
Revised Code shall submit a hazardous waste facility installation 11,062
and operation permit application if the owner or operator does
not have such a permit for any hazardous waste treatment, 11,063
storage, or disposal activities at the facility or, if the owner 11,064
or operator has such a permit for hazardous waste treatment, 11,065
storage, or disposal activities at the facility other than 11,066
thermal treatment activities authorized by the permit by rule, a
modification application to add those activities authorized by 11,067
the permit by rule, whichever is applicable, within one hundred 11,068
eighty days after the director has requested the submission of 11,069
the application or upon a later date if the owner or operator 11,070
demonstrates to the director good cause for the late submittal. 11,071
The application shall be accompanied by information necessary to 11,072
support the request. The hazardous waste facility board shall 11,073
approve or disapprove the application in accordance with division 11,074
(D) of this section, except that the board shall not disapprove 11,075
256
an application for the thermal treatment activities on the basis 11,076
of the criteria set forth in division (D)(6)(g) or (h) of this 11,078
section.
(3) As used in division (J) of this section: 11,081
(a) "Modification application" means a request for a 11,083
modification submitted in accordance with division (I) of this 11,085
section.
(b) "Thermal treatment," "boiler," and "industrial 11,087
furnace" have the same meanings as in rules adopted under section 11,088
3734.12 of the Revised Code. 11,089
(K) The director shall adopt, and may amend, suspend, or 11,091
rescind, rules in accordance with Chapter 119. of the Revised 11,092
Code in order to implement divisions (H) and (I) of this section. 11,093
Except when in actual conflict with this section, rules governing 11,094
the classification of and procedures for the modification of 11,095
hazardous waste facility installation and operation permits shall 11,096
be substantively and procedurally identical to the regulations 11,097
governing hazardous waste facility permitting and permit 11,098
modifications adopted under the "Resource Conservation and 11,099
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 11,100
amended.
Sec. 3734.06. (A)(1) Except as provided in division 11,109
(A)(2), (3), and (4) of this section and in section 3734.82 of 11,110
the Revised Code, the annual fee for a solid waste facility 11,111
license shall be in accordance with the following schedule: 11,112
AUTHORIZED MAXIMUM ANNUAL 11,114
DAILY WASTE LICENSE 11,115
RECEIPT (TONS) FEE 11,116
100 or less $ 5,000 11,117
101 to 200 12,500 11,118
201 to 500 30,000 11,119
501 or more 60,000 11,120
For the purpose of determining the applicable license fee 11,122
under divisions (A)(1) and (2) of this section, the authorized 11,123
257
maximum daily waste receipt shall be the maximum amount of wastes 11,124
the facility is authorized to receive daily that is established 11,125
in the permit for the facility, and any modifications to that 11,126
permit, issued under division (A)(2) or (3) of section 3734.05 of 11,127
the Revised Code; the annual license for the facility, and any 11,128
revisions to that license, issued under division (A)(1) of 11,129
section 3734.05 of the Revised Code; the approved operating plan 11,130
or operational report for which submission and approval are 11,131
required by rules adopted by the director of environmental 11,132
protection under section 3734.02 of the Revised Code; an order 11,133
issued by the director as authorized by rule; or the updated 11,134
engineering plans, specifications, and facility and operation 11,135
information approved under division (A)(4) of section 3734.05 of 11,136
the Revised Code. If no authorized maximum daily waste receipt 11,137
is so established, the annual license fee is sixty thousand 11,138
dollars under division (A)(1) of this section and thirty thousand 11,139
dollars under division (A)(2) of this section. 11,140
The authorized maximum daily waste receipt set forth in any 11,142
such document shall be stated in terms of cubic yards of volume 11,143
for the purpose of regulating the design, construction, and 11,144
operation of a solid waste facility. For the purpose of 11,145
determining applicable license fees under this section, the 11,146
authorized maximum daily waste receipt so stated shall be 11,147
converted from cubic yards to tons as the unit of measurement 11,148
based upon a conversion factor of three cubic yards per ton for 11,149
compacted wastes generally and one cubic yard per ton for baled 11,150
wastes. 11,151
(2) The annual license fee for a facility that is an 11,153
incinerator or composting facility is one-half the amount shown 11,154
in division (A)(1) of this section. When a municipal 11,155
corporation, county, or township owns and operates more than one 11,156
incinerator within its boundaries, the municipal corporation, 11,157
county, or township shall pay one fee for the licenses for all of 11,158
its incinerators. The fee shall be determined on the basis of 11,159
258
the aggregate maximum daily waste receipt for all the 11,160
incinerators owned and operated by the municipal corporation, 11,161
county, or township in an amount that is one-half the amount 11,162
shown in division (A)(1) of this section. 11,163
THE ANNUAL FEE FOR A SOLID WASTE COMPOST FACILITY LICENSE 11,165
SHALL BE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 11,166
AUTHORIZED MAXIMUM ANNUAL 11,168
DAILY WASTE LICENSE 11,169
RECEIPT (TONS) FEE 11,170
12 OR LESS $ 300 11,171
13 TO 25 600 11,172
26 TO 50 1,200 11,173
51 TO 75 1,800 11,174
76 TO 100 2,500 11,175
101 TO 200 6,250 11,176
201 TO 500 15,000 11,177
501 OR MORE 30,000 11,178
(3) The annual license fee for a solid waste facility, 11,181
regardless of its authorized maximum daily waste receipt, is five 11,182
thousand dollars for a facility meeting either of the following 11,183
qualifications: 11,184
(a) The facility is owned by a generator of solid wastes 11,186
when the solid waste facility exclusively disposes of solid 11,187
wastes generated at one or more premises owned by the generator 11,188
regardless of whether the facility is located on a premises where 11,189
the wastes are generated; 11,190
(b) The facility exclusively disposes of wastes that are 11,192
generated from the combustion of coal, or from the combustion of 11,193
primarily coal in combination with scrap tires, that is not 11,194
combined in any way with garbage at one or more premises owned by 11,195
the generator. 11,196
(4) The annual license fee for a facility that is a 11,198
transfer facility is seven hundred fifty dollars. 11,199
(5) The same fees shall apply to private operators and to 11,201
259
the state and its political subdivisions and shall be paid within 11,202
thirty days after issuance of a license. The fee includes the 11,203
cost of licensing, all inspections, and other costs associated 11,204
with the administration of the solid waste provisions of this 11,205
chapter and rules adopted under them, excluding the provisions 11,206
governing scrap tires. Each such license shall specify that it 11,207
is conditioned upon payment of the applicable fee to the board of 11,208
health or the director, as appropriate, within thirty days after 11,209
issuance of the license. 11,210
(B) The board of health shall retain two thousand five 11,212
hundred dollars of each license fee collected by the board under 11,213
divisions (A)(1), (2), and (3) of this section OR THE ENTIRE 11,214
AMOUNT OF ANY SUCH FEE THAT IS LESS THAN TWO THOUSAND FIVE 11,215
HUNDRED DOLLARS. The moneys retained shall be paid into a 11,216
special fund, which is hereby created in each health district, 11,217
and used solely to administer and enforce the solid waste 11,218
provisions of this chapter and the rules adopted under them, 11,219
excluding the provisions governing scrap tires. The remainder of 11,220
each license fee collected by the board shall be transmitted to 11,221
the director within forty-five days after receipt of the fee. 11,222
The director shall transmit these moneys to the treasurer of 11,223
state to be credited to the general revenue fund. The board of 11,224
health shall retain the entire amount of each fee collected under 11,225
division (A)(4) of this section, which moneys shall be paid into 11,226
the special fund of the health district. 11,227
(C)(1) Except as provided in divisions (C)(2) and (3) of 11,229
this section, the annual fee for an infectious waste treatment 11,230
facility license shall be in accordance with the following 11,231
schedule: 11,232
AVERAGE ANNUAL 11,234
DAILY WASTE LICENSE 11,235
RECEIPT (TONS) FEE 11,236
100 or less $ 5,000 11,237
101 to 200 12,500 11,238
260
201 to 500 30,000 11,239
501 or more 60,000 11,240
For the purpose of determining the applicable license fee 11,243
under divisions (C)(1) and (2) of this section, the average daily 11,244
waste receipt shall be the average amount of infectious wastes 11,245
the facility is authorized to receive daily that is established 11,246
in the permit for the facility, and any modifications to that 11,247
permit, issued under division (B)(2)(b) or (d) of section 3734.05 11,248
of the Revised Code; or the annual license for the facility, and 11,249
any revisions to that license, issued under division (B)(2)(a) of 11,250
section 3734.05 of the Revised Code. If no average daily waste 11,251
receipt is so established, the annual license fee is sixty 11,252
thousand dollars under division (C)(1) of this section and thirty 11,253
thousand dollars under division (C)(2) of this section. 11,254
(2) The annual license fee for an infectious waste 11,256
treatment facility that is an incinerator is one-half the amount 11,257
shown in division (C)(1) of this section. 11,258
(3) Fees levied under divisions (C)(1) and (2) of this 11,260
section shall apply to private operators and to the state and its 11,261
political subdivisions and shall be paid within thirty days after 11,262
issuance of a license. The fee includes the cost of licensing, 11,263
all inspections, and other costs associated with the 11,264
administration of the infectious waste provisions of this chapter 11,265
and rules adopted under them. Each such license shall specify 11,266
that it is conditioned upon payment of the applicable fee to the 11,267
board of health or the director, as appropriate, within thirty 11,268
days after issuance of the license. 11,269
(4) The board of health shall retain two thousand five 11,271
hundred dollars of each license fee collected by the board under 11,272
divisions (C)(1) and (2) of this section. The moneys retained 11,273
shall be paid into a special infectious waste fund, which is 11,274
hereby created in each health district, and used solely to 11,275
administer and enforce the infectious waste provisions of this 11,276
chapter and the rules adopted under them. The remainder of each 11,277
261
license fee collected by the board shall be transmitted to the 11,278
director within forty-five days after receipt of the fee. The 11,279
director shall transmit these moneys to the treasurer of state to 11,280
be credited to the general revenue fund. 11,281
Sec. 3734.57. (A) For the purposes of paying the state's 11,290
long-term operation costs or matching share for actions taken 11,291
under the "Comprehensive Environmental Response, Compensation, 11,292
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 11,293
amended; paying the costs of measures for proper clean-up of 11,294
sites where polychlorinated biphenyls and substances, equipment, 11,295
and devices containing or contaminated with polychlorinated 11,296
biphenyls have been stored or disposed of; paying the costs of 11,297
conducting surveys or investigations of solid waste facilities or 11,298
other locations where it is believed that significant quantities 11,299
of hazardous waste were disposed of and for conducting 11,300
enforcement actions arising from the findings of such surveys or 11,301
investigations; and paying the costs of acquiring and cleaning 11,302
up, or providing financial assistance for cleaning up, any 11,303
hazardous waste facility or solid waste facility containing 11,304
significant quantities of hazardous waste, that constitutes an 11,305
imminent and substantial threat to public health or safety or the 11,306
environment; and, from July 1, 1997 1999, through June 30, 1999 11,308
2001, for the purposes of paying the costs of administering and 11,309
enforcing the laws pertaining to solid wastes, infectious wastes, 11,310
and construction and demolition debris, including, without 11,311
limitation, ground water evaluations related to solid wastes, 11,312
infectious wastes, and construction and demolition debris, under 11,313
this chapter and Chapter 3714. of the Revised Code and any rules 11,314
adopted under them, and paying a share of the administrative 11,315
costs of the environmental protection agency pursuant to section 11,316
3745.014 of the Revised Code, the following fees are hereby 11,317
levied on the disposal of solid wastes in this state: 11,318
(1) One dollar per ton on and after July 1, 1993; 11,320
(2) An additional seventy-five cents per ton on and after 11,323
262
July 1, 1997 1999, through June 30, 1999 2001. 11,324
The owner or operator of a solid waste disposal facility 11,326
shall collect the fees levied under this division as a trustee 11,327
for the state and shall prepare and file with the director of 11,328
environmental protection monthly returns indicating the total 11,329
tonnage of solid wastes received for disposal at the gate of the 11,330
facility and the total amount of the fees collected under this 11,331
division. Not later than thirty days after the last day of the 11,332
month to which such a return applies, the owner or operator shall 11,333
mail to the director the return for that month together with the 11,334
fees collected during that month as indicated on the return. The 11,335
owner or operator may request an extension of not more than 11,336
thirty days for filing the return and remitting the fees, 11,337
provided that the owner or operator has submitted such a request 11,339
in writing to the director together with a detailed description 11,340
of why the extension is requested, the director has received the 11,341
request not later than the day on which the return is required to 11,342
be filed, and the director has approved the request. If the fees 11,343
are not remitted within sixty days after the last day of the 11,344
month during which they were collected, the owner or operator 11,345
shall pay an additional fifty per cent of the amount of the fees 11,346
for each month that they are late. 11,347
One-half of the moneys remitted to the director under 11,349
division (A)(1) of this section shall be credited to the 11,350
hazardous waste facility management fund created in section 11,351
3734.18 of the Revised Code, and one-half shall be credited to 11,352
the hazardous waste clean-up fund created in section 3734.28 of 11,353
the Revised Code. The moneys remitted to the director under 11,354
division (A)(2) of this section shall be credited to the solid 11,355
waste fund, which is hereby created in the state treasury. The 11,356
environmental protection agency shall use moneys in the solid 11,357
waste fund only to pay the costs of administering and enforcing 11,358
the laws pertaining to solid wastes, infectious wastes, and 11,359
construction and demolition debris, including, without 11,360
263
limitation, ground water evaluations related to solid wastes, 11,361
infectious wastes, and construction and demolition debris, under 11,362
this chapter and Chapter 3714. of the Revised Code and rules 11,363
adopted under them and to pay a share of the administrative costs 11,365
of the environmental protection agency pursuant to section 11,366
3745.014 of the Revised Code. 11,367
The fees levied under this division and divisions (B) and 11,369
(C) of this section are in addition to all other applicable fees 11,370
and taxes and shall be added to any other fee or amount specified 11,371
in a contract that is charged by the owner or operator of a solid 11,372
waste disposal facility or to any other fee or amount that is 11,373
specified in a contract entered into on or after March 4, 1992, 11,374
and that is charged by a transporter of solid wastes. 11,375
(B) For the purpose of preparing, revising, and 11,377
implementing the solid waste management plan of the county or 11,378
joint solid waste management district, including, without 11,379
limitation, the development and implementation of solid waste 11,380
recycling or reduction programs; providing financial assistance 11,381
to boards of health within the district, if solid waste 11,382
facilities are located within the district, for the enforcement 11,383
of this chapter and rules adopted and orders and terms and 11,385
conditions of permits, licenses, and variances issued under it, 11,386
other than the hazardous waste provisions of this chapter and 11,387
rules adopted and orders and terms and conditions of permits 11,388
issued under those provisions; providing financial assistance to 11,390
the county to defray the added costs of maintaining roads and 11,391
other public facilities and of providing emergency and other 11,392
public services resulting from the location and operation of a 11,393
solid waste facility within the county under the district's
approved solid waste management plan; paying the costs incurred 11,394
by boards of health for collecting and analyzing water samples 11,395
from public or private wells on lands adjacent to solid waste 11,396
facilities that are contained in the approved or amended plan of 11,397
the district; paying the costs of developing and implementing a 11,398
264
program for the inspection of solid wastes generated outside the 11,399
boundaries of this state that are disposed of at solid waste 11,400
facilities included in the district's approved solid waste 11,401
management plan or amended plan; providing financial assistance 11,402
to boards of health within the district for enforcing laws 11,403
prohibiting open dumping; providing financial assistance to local 11,404
law enforcement agencies within the district for enforcing laws 11,405
and ordinances prohibiting littering; providing financial 11,406
assistance to boards of health of health districts within the 11,407
district that are on the approved list under section 3734.08 of 11,408
the Revised Code for the training and certification required for 11,409
their employees responsible for solid waste enforcement by rules 11,410
adopted under division (L) of section 3734.02 of the Revised 11,411
Code; providing financial assistance to individual municipal 11,412
corporations and townships within the district to defray their 11,413
added costs of maintaining roads and other public facilities and 11,414
of providing emergency and other public services resulting from 11,415
the location and operation within their boundaries of a 11,416
composting, energy or resource recovery, incineration, or 11,417
recycling facility that either is owned by the district or is 11,418
furnishing solid waste management facility or recycling services 11,419
to the district pursuant to a contract or agreement with the 11,420
board of county commissioners or directors of the district; and 11,421
payment of any expenses that are agreed to, awarded, or ordered 11,422
to be paid under section 3734.35 of the Revised Code and of any 11,424
administrative costs incurred pursuant to that section, the solid 11,425
waste management policy committee of a county or joint solid 11,426
waste management district may levy fees upon the following
activities: 11,427
(1) The disposal at a solid waste disposal facility 11,429
located in the district of solid wastes generated within the 11,430
district; 11,431
(2) The disposal at a solid waste disposal facility within 11,433
the district of solid wastes generated outside the boundaries of 11,434
265
the district, but inside this state; 11,435
(3) The disposal at a solid waste disposal facility within 11,437
the district of solid wastes generated outside the boundaries of 11,438
this state. 11,439
If any such fees are levied prior to January 1, 1994, fees 11,441
levied under division (B)(1) of this section always shall be 11,442
equal to one-half of the fees levied under division (B)(2) of 11,443
this section, and fees levied under division (B)(3) of this 11,444
section, which shall be in addition to fees levied under division 11,445
(B)(2) of this section, always shall be equal to fees levied 11,446
under division (B)(1) of this section, except as otherwise 11,447
provided in this division. The solid waste management plan of 11,448
the county or joint district approved under section 3734.521 or 11,449
3734.55 of the Revised Code and any amendments to it, or the 11,450
resolution adopted under this division, as appropriate, shall 11,451
establish the rates of the fees levied under divisions (B)(1), 11,452
(2), and (3) of this section, if any, and shall specify whether 11,453
the fees are levied on the basis of tons or cubic yards as the 11,454
unit of measurement. Although the fees under divisions (A)(1) 11,455
and (2) of this section are levied on the basis of tons as the 11,456
unit of measurement, the solid waste management plan of the 11,457
district and any amendments to it or the solid waste management 11,458
policy committee in its resolution levying fees under this 11,459
division may direct that the fees levied under those divisions be 11,460
levied on the basis of cubic yards as the unit of measurement 11,461
based upon a conversion factor of three cubic yards per ton 11,462
generally or one cubic yard per ton for baled wastes if the fees 11,463
under divisions (B)(1) to (3) of this section are being levied on 11,464
the basis of cubic yards as the unit of measurement under the 11,465
plan, amended plan, or resolution. 11,466
On and after January 1, 1994, the fee levied under division 11,468
(B)(1) of this section shall be not less than one dollar per ton 11,469
nor more than two dollars per ton, the fee levied under division 11,470
(B)(2) of this section shall be not less than two dollars per ton 11,471
266
nor more than four dollars per ton, and the fee levied under 11,472
division (B)(3) of this section shall be not more than the fee 11,473
levied under division (B)(1) of this section, except as otherwise 11,474
provided in this division and notwithstanding any schedule of 11,475
those fees established in the solid waste management plan of a 11,476
county or joint district approved under section 3734.55 of the 11,477
Revised Code or a resolution adopted and ratified under this 11,478
division that is in effect on that date. If the fee that a 11,479
district is levying under division (B)(1) of this section on that 11,480
date under its approved plan or such a resolution is less than 11,481
one dollar per ton, the fee shall be one dollar per ton on and 11,482
after January 1, 1994, and if the fee that a district is so 11,483
levying under that division exceeds two dollars per ton, the fee 11,484
shall be two dollars per ton on and after that date. If the fee 11,485
that a district is so levying under division (B)(2) of this 11,486
section is less than two dollars per ton, the fee shall be two 11,487
dollars per ton on and after that date, and if the fee that the 11,488
district is so levying under that division exceeds four dollars 11,489
per ton, the fee shall be four dollars per ton on and after that 11,490
date. On that date, the fee levied by a district under division 11,491
(B)(3) of this section shall be equal to the fee levied under 11,492
division (B)(1) of this section. Except as otherwise provided in 11,493
this division, the fees established by the operation of this 11,494
amendment shall remain in effect until the district's resolution 11,495
levying fees under this division is amended or repealed in 11,496
accordance with this division to amend or abolish the schedule of 11,497
fees, the schedule of fees is amended or abolished in an amended 11,498
plan of the district approved under section 3734.521 or division 11,499
(A) or (D) of section 3734.56 of the Revised Code, or the 11,500
schedule of fees is amended or abolished through an amendment to 11,501
the district's plan under division (E) of section 3734.56 of the 11,502
Revised Code; the notification of the amendment or abolishment of 11,503
the fees has been given in accordance with this division; and 11,504
collection of the amended fees so established commences, or 11,505
267
collection of the fees ceases, in accordance with this division. 11,506
The solid waste management policy committee of a district 11,508
levying fees under divisions (B)(1) to (3) of this section on 11,510
October 29, 1993, under its solid waste management plan approved 11,511
under section 3734.55 of the Revised Code or a resolution adopted 11,513
and ratified under this division that are within the ranges of 11,514
rates prescribed by this amendment, by adoption of a resolution 11,515
not later than December 1, 1993, and without the necessity for 11,516
ratification of the resolution under this division, may amend 11,517
those fees within the prescribed ranges, provided that the 11,518
estimated revenues from the amended fees will not substantially 11,519
exceed the estimated revenues set forth in the district's budget 11,520
for calendar year 1994. Not later than seven days after the 11,521
adoption of such a resolution, the committee shall notify by 11,522
certified mail the owner or operator of each solid waste disposal 11,523
facility that is required to collect the fees of the adoption of 11,524
the resolution and of the amount of the amended fees. Collection 11,525
of the amended fees shall take effect on the first day of the 11,526
first month following the month in which the notification is sent 11,527
to the owner or operator. The fees established in such a 11,528
resolution shall remain in effect until the district's resolution 11,529
levying fees that was adopted and ratified under this division is 11,530
amended or repealed, and the amendment or repeal of the 11,531
resolution is ratified, in accordance with this division, to 11,532
amend or abolish the fees, the schedule of fees is amended or 11,533
abolished in an amended plan of the district approved under 11,534
section 3734.521 or division (A) or (D) of section 3734.56 of the 11,535
Revised Code, or the schedule of fees is amended or abolished 11,536
through an amendment to the district's plan under division (E) of 11,537
section 3734.56 of the Revised Code; the notification of the 11,538
amendment or abolishment of the fees has been given in accordance 11,539
with this division; and collection of the amended fees so 11,540
established commences, or collection of the fees ceases, in 11,541
accordance with this division.
268
Prior to the approval of the solid waste management plan of 11,543
the district under section 3734.55 of the Revised Code, the solid 11,544
waste management policy committee of a district may levy fees 11,545
under this division by adopting a resolution establishing the 11,546
proposed amount of the fees. Upon adopting the resolution, the 11,547
committee shall deliver a copy of the resolution to the board of 11,548
county commissioners of each county forming the district and to 11,549
the legislative authority of each municipal corporation and 11,550
township under the jurisdiction of the district and shall prepare 11,551
and publish the resolution and a notice of the time and location 11,552
where a public hearing on the fees will be held. Upon adopting 11,553
the resolution, the committee shall deliver written notice of the 11,554
adoption of the resolution; of the amount of the proposed fees; 11,555
and of the date, time, and location of the public hearing to the 11,556
director and to the fifty industrial, commercial, or 11,557
institutional generators of solid wastes within the district that 11,558
generate the largest quantities of solid wastes, as determined by 11,559
the committee, and to their local trade associations. The 11,560
committee shall make good faith efforts to identify those 11,561
generators within the district and their local trade 11,562
associations, but the nonprovision of notice under this division 11,563
to a particular generator or local trade association does not 11,564
invalidate the proceedings under this division. The publication 11,565
shall occur at least thirty days before the hearing. After the 11,566
hearing, the committee may make such revisions to the proposed 11,567
fees as it considers appropriate and thereafter, by resolution, 11,568
shall adopt the revised fee schedule. Upon adopting the revised 11,569
fee schedule, the committee shall deliver a copy of the 11,570
resolution doing so to the board of county commissioners of each 11,571
county forming the district and to the legislative authority of 11,572
each municipal corporation and township under the jurisdiction of 11,573
the district. Within sixty days after the delivery of a copy of 11,574
the resolution adopting the proposed revised fees by the policy 11,575
committee, each such board and legislative authority, by 11,576
269
ordinance or resolution, shall approve or disapprove the revised 11,577
fees and deliver a copy of the ordinance or resolution to the 11,578
committee. If any such board or legislative authority fails to 11,579
adopt and deliver to the policy committee an ordinance or 11,580
resolution approving or disapproving the revised fees within 11,581
sixty days after the policy committee delivered its resolution 11,582
adopting the proposed revised fees, it shall be conclusively 11,583
presumed that the board or legislative authority has approved the 11,584
proposed revised fees. 11,585
In the case of a county district or a joint district formed 11,587
by two or three counties, the committee shall declare the 11,588
proposed revised fees to be ratified as the fee schedule of the 11,589
district upon determining that the board of county commissioners 11,590
of each county forming the district has approved the proposed 11,591
revised fees and that the legislative authorities of a 11,592
combination of municipal corporations and townships with a 11,593
combined population within the district comprising at least sixty 11,594
per cent of the total population of the district have approved 11,595
the proposed revised fees, provided that in the case of a county 11,596
district, that combination shall include the municipal 11,597
corporation having the largest population within the boundaries 11,598
of the district, and provided further that in the case of a joint 11,599
district formed by two or three counties, that combination shall 11,600
include for each county forming the joint district the municipal 11,601
corporation having the largest population within the boundaries 11,602
of both the county in which the municipal corporation is located 11,603
and the joint district. In the case of a joint district formed 11,604
by four or more counties, the committee shall declare the 11,605
proposed revised fees to be ratified as the fee schedule of the 11,606
joint district upon determining that the boards of county 11,607
commissioners of a majority of the counties forming the district 11,608
have approved the proposed revised fees; that, in each of a 11,609
majority of the counties forming the joint district, the proposed 11,610
revised fees have been approved by the municipal corporation 11,611
270
having the largest population within the county and the joint 11,612
district; and that the legislative authorities of a combination 11,613
of municipal corporations and townships with a combined 11,614
population within the joint district comprising at least sixty 11,615
per cent of the total population of the joint district have 11,616
approved the proposed revised fees. 11,617
For the purposes of this division, only the population of 11,619
the unincorporated area of a township shall be considered. For 11,620
the purpose of determining the largest municipal corporation 11,621
within each county under this division, a municipal corporation 11,622
that is located in more than one solid waste management district, 11,623
but that is under the jurisdiction of one county or joint solid 11,624
waste management district in accordance with division (A) of 11,625
section 3734.52 of the Revised Code shall be considered to be 11,626
within the boundaries of the county in which a majority of the 11,627
population of the municipal corporation resides. 11,628
The committee may amend the schedule of fees levied 11,630
pursuant to a resolution or amended resolution adopted and 11,631
ratified under this division by adopting a resolution 11,632
establishing the proposed amount of the amended fees. The 11,633
committee may abolish the fees levied pursuant to such a 11,634
resolution or amended resolution by adopting a resolution 11,635
proposing to repeal them. Upon adopting such a resolution, the 11,636
committee shall proceed to obtain ratification of the resolution 11,637
in accordance with this division. 11,638
Not later than fourteen days after declaring the fees or 11,640
amended fees to be ratified under this division, the committee 11,641
shall notify by certified mail the owner or operator of each 11,642
solid waste disposal facility that is required to collect the 11,643
fees of the ratification and the amount of the fees. Collection 11,644
of any fees or amended fees ratified on or after March 24, 1992, 11,645
shall commence on the first day of the second month following the 11,646
month in which notification is sent to the owner or operator. 11,647
Not later than fourteen days after declaring the repeal of 11,649
271
the district's schedule of fees to be ratified under this 11,650
division, the committee shall notify by certified mail the owner 11,651
or operator of each facility that is collecting the fees of the 11,652
repeal. Collection of the fees shall cease on the first day of 11,653
the second month following the month in which notification is 11,654
sent to the owner or operator. 11,655
Not later than fourteen days after the director issues an 11,657
order approving a district's solid waste management plan under 11,658
section 3734.55 of the Revised Code or amended plan under 11,659
division (A) or (D) of section 3734.56 of the Revised Code that 11,660
establishes or amends a schedule of fees levied by the district, 11,661
or the ratification of an amendment to the district's approved 11,662
plan or amended plan under division (E) of section 3734.56 of the 11,663
Revised Code that establishes or amends a schedule of fees, as 11,664
appropriate, the committee shall notify by certified mail the 11,665
owner or operator of each solid waste disposal facility that is 11,666
required to collect the fees of the approval of the plan or 11,667
amended plan, or the amendment to the plan, as appropriate, and 11,668
the amount of the fees or amended fees. In the case of an 11,669
initial or amended plan approved under section 3734.521 of the 11,670
Revised Code in connection with a change in district composition, 11,671
other than one involving the withdrawal of a county from a joint 11,672
district, that establishes or amends a schedule of fees levied 11,673
under divisions (B)(1) to (3) of this section by a district 11,674
resulting from the change, the committee, within fourteen days 11,675
after the change takes effect pursuant to division (G) of that 11,676
section, shall notify by certified mail the owner or operator of 11,677
each solid waste disposal facility that is required to collect 11,678
the fees that the change has taken effect and of the amount of 11,679
the fees or amended fees. Collection of any fees set forth in a 11,680
plan or amended plan approved by the director on or after April 11,681
16, 1993, or an amendment of a plan or amended plan under 11,682
division (E) of section 3734.56 of the Revised Code that is 11,683
ratified on or after April 16, 1993, shall commence on the first 11,684
272
day of the second month following the month in which notification 11,685
is sent to the owner or operator. 11,686
Not later than fourteen days after the director issues an 11,688
order approving a district's plan under section 3734.55 of the 11,689
Revised Code or amended plan under division (A) or (D) of section 11,690
3734.56 of the Revised Code that abolishes the schedule of fees 11,691
levied under divisions (B)(1) to (3) of this section, or an 11,692
amendment to the district's approved plan or amended plan 11,693
abolishing the schedule of fees is ratified pursuant to division 11,694
(E) of section 3734.56 of the Revised Code, as appropriate, the 11,695
committee shall notify by certified mail the owner or operator of 11,696
each facility that is collecting the fees of the approval of the 11,697
plan or amended plan, or the amendment of the plan or amended 11,698
plan, as appropriate, and the abolishment of the fees. In the 11,699
case of an initial or amended plan approved under section 11,700
3734.521 of the Revised Code in connection with a change in 11,701
district composition, other than one involving the withdrawal of 11,702
a county from a joint district, that abolishes the schedule of 11,703
fees levied under divisions (B)(1) to (3) of this section by a 11,704
district resulting from the change, the committee, within 11,705
fourteen days after the change takes effect pursuant to division 11,706
(G) of that section, shall notify by certified mail the owner or 11,707
operator of each solid waste disposal facility that is required 11,708
to collect the fees that the change has taken effect and of the 11,709
abolishment of the fees. Collection of the fees shall cease on 11,710
the first day of the second month following the month in which 11,711
notification is sent to the owner or operator. 11,712
Except as otherwise provided in this division, if the 11,714
schedule of fees that a district is levying under divisions 11,715
(B)(1) to (3) of this section pursuant to a resolution or amended 11,716
resolution adopted and ratified under this division, the solid 11,717
waste management plan of the district approved under section 11,718
3734.55 of the Revised Code, an amended plan approved under 11,719
division (A) or (D) of section 3734.56 of the Revised Code, or an 11,720
273
amendment to the district's approved plan or amended plan under 11,721
division (E) of section 3734.56 of the Revised Code, is amended 11,722
by the adoption and ratification of an amendment to the 11,723
resolution or amended resolution or an amendment of the 11,724
district's approved plan or amended plan, the fees in effect 11,725
immediately prior to the approval of the plan or the amendment of 11,726
the resolution, amended resolution, plan, or amended plan, as 11,727
appropriate, shall continue to be collected until collection of 11,728
the amended fees commences pursuant to this division. 11,729
If, in the case of a change in district composition 11,731
involving the withdrawal of a county from a joint district, the 11,732
director completes the actions required under division (G)(1) or 11,733
(3) of section 3734.521 of the Revised Code, as appropriate, 11,734
forty-five days or more before the beginning of a calendar year, 11,735
the policy committee of each of the districts resulting from the 11,736
change that obtained the director's approval of an initial or 11,737
amended plan in connection with the change, within fourteen days 11,738
after the director's completion of the required actions, shall 11,739
notify by certified mail the owner or operator of each solid 11,740
waste disposal facility that is required to collect the 11,741
district's fees that the change is to take effect on the first 11,742
day of January immediately following the issuance of the notice 11,743
and of the amount of the fees or amended fees levied under 11,744
divisions (B)(1) to (3) of this section pursuant to the 11,745
district's initial or amended pan PLAN as so approved or, if 11,746
appropriate, the abolishment of the district's fees by that 11,747
initial or amended plan. Collection of any fees set forth in 11,748
such a plan or amended plan shall commence on the first day of 11,749
January immediately following the issuance of the notice. If 11,750
such an initial or amended plan abolishes a schedule of fees, 11,751
collection of the fees shall cease on that first day of January. 11,752
If, in the case of a change in district composition 11,754
involving the withdrawal of a county from a joint district, the 11,755
director completes the actions required under division (G)(1) or 11,756
274
(3) of section 3734.521 of the Revised Code, as appropriate, less 11,757
than forty-five days before the beginning of a calendar year, the 11,758
director, on behalf of each of the districts resulting from the 11,759
change that obtained the director's approval of an initial or 11,760
amended plan in connection with the change proceedings, shall 11,761
notify by certified mail the owner or operator of each solid 11,762
waste disposal facility that is required to collect the 11,763
district's fees that the change is to take effect on the first 11,764
day of January immediately following the mailing of the notice 11,765
and of the amount of the fees or amended fees levied under 11,766
divisions (B)(1) to (3) of this section pursuant to the 11,767
district's initial or amended plan as so approved or, if 11,768
appropriate, the abolishment of the district's fees by that 11,769
initial or amended plan. Collection of any fees set forth in 11,770
such a plan or amended plan shall commence on the first day of 11,771
the second month following the month in which notification is 11,772
sent to the owner or operator. If such an initial or amended 11,773
plan abolishes a schedule of fees, collection of the fees shall 11,774
cease on the first day of the second month following the month in 11,775
which notification is sent to the owner or operator. 11,776
In the case of a change in district composition, the 11,778
schedule of fees that the former districts that existed prior to 11,779
the change were levying under divisions (B)(1) to (3) of this 11,780
section pursuant to a resolution or amended resolution adopted 11,781
and ratified under this division, the solid waste management plan 11,782
of a former district approved under section 3734.521 or 3734.55 11,783
of the Revised Code, an amended plan approved under section 11,784
3734.521 or division (A) or (D) of section 3734.56 of the Revised 11,785
Code, or an amendment to a former district's approved plan or 11,786
amended plan under division (E) of section 3734.56 of the Revised 11,787
Code, and that were in effect on the date that the director 11,788
completed the actions required under division (G)(1) or (3) of 11,789
section 3734.521 of the Revised Code shall continue to be 11,790
collected until the collection of the fees or amended fees of the 11,791
275
districts resulting from the change is required to commence, or 11,792
if an initial or amended plan of a resulting district abolishes a 11,793
schedule of fees, collection of the fees is required to cease, 11,794
under this division. Moneys so received from the collection of 11,795
the fees of the former districts shall be divided among the 11,796
resulting districts in accordance with division (B) of section 11,797
343.012 of the Revised Code and the agreements entered into under 11,798
division (B) of section 343.01 of the Revised Code to establish 11,799
the former and resulting districts and any amendments to those 11,800
agreements. 11,801
For the purposes of the provisions of division (B) of this 11,803
section establishing the times when newly established or amended 11,804
fees levied by a district are required to commence and the 11,805
collection of fees that have been amended or abolished is 11,806
required to cease, "fees" or "schedule of fees" includes, in 11,807
addition to fees levied under divisions (B)(1) to (3) of this 11,808
section, those levied under section 3734.573 or 3734.574 of the 11,809
Revised Code. 11,810
(C) For the purposes of defraying the added costs to a 11,812
municipal corporation or township of maintaining roads and other 11,813
public facilities and of providing emergency and other public 11,814
services, and compensating a municipal corporation or township 11,815
for reductions in real property tax revenues due to reductions in 11,816
real property valuations resulting from the location and 11,817
operation of a solid waste disposal facility within the municipal 11,818
corporation or township, a municipal corporation or township in 11,819
which such a solid waste disposal facility is located may levy a 11,820
fee of not more than twenty-five cents per ton on the disposal of 11,821
solid wastes at a solid waste disposal facility located within 11,822
the boundaries of the municipal corporation or township 11,823
regardless of where the wastes were generated. 11,824
The legislative authority of a municipal corporation or 11,826
township may levy fees under this division by enacting an 11,827
ordinance or adopting a resolution establishing the amount of the 11,828
276
fees. Upon so doing the legislative authority shall mail a 11,829
certified copy of the ordinance or resolution to the board of 11,830
county commissioners or directors of the county or joint solid 11,831
waste management district in which the municipal corporation or 11,832
township is located or, if a regional solid waste management 11,833
authority has been formed under section 343.011 of the Revised 11,834
Code, to the board of trustees of that regional authority, the 11,835
owner or operator of each solid waste disposal facility in the 11,836
municipal corporation or township that is required to collect the 11,837
fee by the ordinance or resolution, and the director of 11,838
environmental protection. Although the fees levied under this 11,839
division are levied on the basis of tons as the unit of 11,840
measurement, the legislative authority, in its ordinance or 11,841
resolution levying the fees under this division, may direct that 11,842
the fees be levied on the basis of cubic yards as the unit of 11,843
measurement based upon a conversion factor of three cubic yards 11,844
per ton generally or one cubic yard per ton for baled wastes. 11,845
Not later than five days after enacting an ordinance or 11,847
adopting a resolution under this division, the legislative 11,848
authority shall so notify by certified mail the owner or operator 11,849
of each solid waste disposal facility that is required to collect 11,850
the fee. Collection of any fee levied on or after March 24, 11,851
1992, shall commence on the first day of the second month 11,852
following the month in which notification is sent to the owner or 11,853
operator. 11,854
(D)(1) The fees levied under divisions (A), (B), and (C) 11,856
of this section do not apply to the disposal of solid wastes 11,858
that:
(a) Are disposed of at a facility owned by the generator 11,860
of the wastes when the solid waste facility exclusively disposes 11,861
of solid wastes generated at one or more premises owned by the 11,862
generator regardless of whether the facility is located on a 11,863
premises where the wastes are generated; 11,864
(b) Are disposed of at facilities that exclusively dispose 11,866
277
of wastes that are generated from the combustion of coal, or from 11,867
the combustion of primarily coal in combination with scrap tires, 11,868
that is not combined in any way with garbage at one or more 11,869
premises owned by the generator. 11,870
(2) Except as provided in section 3734.571 of the Revised 11,872
Code, any fees levied under division (B)(1) of this section apply 11,873
to solid wastes originating outside the boundaries of a county or 11,874
joint district that are covered by an agreement for the joint use 11,875
of solid waste facilities entered into under section 343.02 of 11,876
the Revised Code by the board of county commissioners or board of 11,877
directors of the county or joint district where the wastes are 11,878
generated and disposed of. 11,879
(3) When solid wastes, other than solid wastes that 11,881
consist of scrap tires, are burned in a disposal facility that is 11,882
an incinerator or energy recovery facility, the fees levied under 11,883
divisions (A), (B), and (C) of this section shall be levied upon 11,885
the disposal of the fly ash and bottom ash remaining after 11,886
burning of the solid wastes and shall be collected by the owner 11,887
or operator of the sanitary landfill where the ash is disposed 11,888
of.
(4) When solid wastes are delivered to a solid waste 11,890
transfer facility, the fees levied under divisions (A), (B), and 11,891
(C) of this section shall be levied upon the disposal of solid 11,893
wastes transported off the premises of the transfer facility for 11,894
disposal and shall be collected by the owner or operator of the 11,895
solid waste disposal facility where the wastes are disposed of. 11,896
(5) The fees levied under divisions (A), (B), and (C) of 11,898
this section do not apply to sewage sludge that is generated by a 11,899
waste water treatment facility holding a national pollutant 11,900
discharge elimination system permit and that is disposed of 11,901
through incineration, land application, or composting or at 11,902
another resource recovery or disposal facility that is not a 11,903
landfill. 11,904
(6) The fees levied under divisions (A), (B), and (C) of 11,906
278
this section do not apply to solid wastes delivered to a solid 11,907
waste composting facility for processing. When any unprocessed 11,908
solid waste or compost product is transported off the premises of 11,909
a composting facility and disposed of at a landfill, the fees 11,910
levied under divisions (A), (B), and (C) of this section shall be 11,911
collected by the owner or operator of the landfill where the 11,912
unprocessed waste or compost product is disposed of. 11,913
(7) When solid wastes that consist of scrap tires are 11,915
processed at a scrap tire recovery facility, the fees levied 11,916
under divisions (A), (B), and (C) of this section shall be levied 11,918
upon the disposal of the fly ash and bottom ash or other solid 11,919
wastes remaining after the processing of the scrap tires and 11,920
shall be collected by the owner or operator of the solid waste 11,921
disposal facility where the ash or other solid wastes are 11,922
disposed of.
(E) The fees levied under divisions (B) and (C) of this 11,925
section shall be collected by the owner or operator of the solid 11,926
waste disposal facility where the wastes are disposed of as a 11,927
trustee for the county or joint district and municipal
corporation or township where the wastes are disposed of. Moneys 11,928
from the fees levied under division (B) of this section shall be 11,930
forwarded to the board of county commissioners or board of 11,931
directors of the district in accordance with rules adopted under 11,932
division (H) of this section. Moneys from the fees levied under 11,933
division (C) of this section shall be forwarded to the treasurer 11,934
or such other officer of the municipal corporation as, by virtue 11,935
of the charter, has the duties of the treasurer or to the clerk 11,936
of the township, as appropriate, in accordance with those rules. 11,937
(F) Moneys received by the treasurer or such other officer 11,939
of the municipal corporation under division (E) of this section 11,940
shall be paid into the general fund of the municipal corporation. 11,941
Moneys received by the clerk of the township under that division 11,942
shall be paid into the general fund of the township. The 11,943
treasurer or such other officer of the municipal corporation or 11,944
279
the clerk, as appropriate, shall maintain separate records of the 11,945
moneys received from the fees levied under division (C) of this 11,946
section. 11,947
(G) Moneys received by the board of county commissioners 11,949
or board of directors under division (E) of this section or 11,950
section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised 11,951
Code shall be paid to the county treasurer, or other official 11,952
acting in a similar capacity under a county charter, in a county 11,953
district or to the county treasurer or other official designated 11,954
by the board of directors in a joint district and kept in a 11,955
separate and distinct fund to the credit of the district. If a 11,956
regional solid waste management authority has been formed under 11,957
section 343.011 of the Revised Code, moneys received by the board 11,958
of trustees of that regional authority under division (E) of this 11,959
section shall be kept by the board in a separate and distinct 11,960
fund to the credit of the district. Moneys in the special fund 11,961
of the county or joint district arising from the fees levied 11,962
under division (B) of this section and the fee levied under 11,964
division (A) of section 3734.573 of the Revised Code shall be 11,965
expended by the board of county commissioners or directors of the 11,966
district in accordance with the district's solid waste management 11,967
plan or amended plan approved under section 3734.521, 3734.55, or 11,968
3734.56 of the Revised Code exclusively for the following 11,969
purposes:
(1) Preparation of the solid waste management plan of the 11,971
district under section 3734.54 of the Revised Code, monitoring 11,972
implementation of the plan, and conducting the periodic review 11,973
and amendment of the plan required by section 3734.56 of the 11,974
Revised Code by the solid waste management policy committee; 11,975
(2) Implementation of the approved solid waste management 11,977
plan or amended plan of the district, including, without 11,978
limitation, the development and implementation of solid waste 11,979
recycling or reduction programs; 11,980
(3) Providing financial assistance to boards of health 11,982
280
within the district, if solid waste facilities are located within 11,983
the district, for enforcement of this chapter and rules, orders, 11,984
and terms and conditions of permits, licenses, and variances 11,986
adopted or issued under it, other than the hazardous waste 11,987
provisions of this chapter and rules adopted and orders and terms 11,988
and conditions of permits issued under those provisions; 11,990
(4) Providing financial assistance to each county within 11,992
the district to defray the added costs of maintaining roads and 11,993
other public facilities and of providing emergency and other 11,994
public services resulting from the location and operation of a 11,995
solid waste facility within the county under the district's 11,996
approved solid waste management plan or amended plan; 11,997
(5) Pursuant to contracts entered into with boards of 11,999
health within the district, if solid waste facilities contained 12,000
in the district's approved plan or amended plan are located 12,001
within the district, for paying the costs incurred by those 12,002
boards of health for collecting and analyzing samples from public 12,003
or private water wells on lands adjacent to those facilities; 12,004
(6) Developing and implementing a program for the 12,006
inspection of solid wastes generated outside the boundaries of 12,007
this state that are disposed of at solid waste facilities 12,008
included in the district's approved solid waste management plan 12,009
or amended plan; 12,010
(7) Providing financial assistance to boards of health 12,012
within the district for the enforcement of section 3734.03 of the 12,013
Revised Code or to local law enforcement agencies having 12,014
jurisdiction within the district for enforcing anti-littering 12,015
laws and ordinances; 12,016
(8) Providing financial assistance to boards of health of 12,018
health districts within the district that are on the approved 12,019
list under section 3734.08 of the Revised Code to defray the 12,020
costs to the health districts for the participation of their 12,021
employees responsible for enforcement of the solid waste 12,022
provisions of this chapter and rules adopted and orders and terms 12,023
281
and conditions of permits, licenses, and variances issued under 12,024
those provisions in the training and certification program as 12,025
required by rules adopted under division (L) of section 3734.02 12,026
of the Revised Code; 12,027
(9) Providing financial assistance to individual municipal 12,029
corporations and townships within the district to defray their 12,030
added costs of maintaining roads and other public facilities and 12,031
of providing emergency and other public services resulting from 12,032
the location and operation within their boundaries of a 12,033
composting, energy or resource recovery, incineration, or 12,034
recycling facility that either is owned by the district or is 12,035
furnishing solid waste management facility or recycling services 12,036
to the district pursuant to a contract or agreement with the 12,037
board of county commissioners or directors of the district; 12,038
(10) Payment of any expenses that are agreed to, awarded, 12,040
or ordered to be paid under section 3734.35 of the Revised Code 12,041
and of any administrative costs incurred pursuant to that 12,042
section. In the case of a joint solid waste management district, 12,043
if the board of county commissioners of one of the counties in 12,044
the district is negotiating on behalf of affected communities, as
defined in that section, in that county, the board shall obtain 12,045
the approval of the board of directors of the district in order 12,046
to expend moneys for administrative costs incurred. 12,047
Prior to the approval of the district's solid waste 12,049
management plan under section 3734.55 of the Revised Code, moneys 12,050
in the special fund of the district arising from the fees shall 12,052
be expended for those purposes in the manner prescribed by the 12,054
solid waste management policy committee by resolution. 12,055
Notwithstanding division (G)(6) of this section as it 12,058
existed prior to October 29, 1993, or any provision in a
district's solid waste management plan prepared in accordance 12,061
with division (B)(2)(e) of section 3734.53 of the Revised Code as 12,062
it existed prior to that date, any moneys arising from the fees 12,063
levied under division (B)(3) of this section prior to January 1, 12,064
282
1994, may be expended for any of the purposes authorized in 12,065
divisions (G)(1) to (10) of this section. 12,066
(H) The director shall adopt rules in accordance with 12,069
Chapter 119. of the Revised Code prescribing procedures for 12,070
collecting and forwarding the fees levied under divisions (B) and 12,071
(C) of this section to the boards of county commissioners or 12,072
directors of county or joint solid waste management districts and 12,073
to the treasurers or other officers of municipal corporations or 12,074
to the clerks of townships. The rules also shall prescribe the 12,075
dates for forwarding the fees to the boards and officials and may 12,076
prescribe any other requirements the director considers necessary 12,077
or appropriate to implement and administer divisions (A), (B), 12,078
and (C) of this section. Collection of the fees levied under 12,079
division (A)(1) of this section shall commence on July 1, 1993. 12,080
Collection of the fees levied under division (A)(2) of this 12,082
section shall commence on January 1, 1994. 12,083
Sec. 3734.82. (A) The annual fee for a scrap tire 12,092
recovery facility license issued under section 3734.81 of the 12,093
Revised Code shall be in accordance with the following schedule: 12,094
Daily Design Input Annual License 12,096
Capacity (Tons) Fee 12,097
1 or less $ 100 12,098
2 to 25 500 12,099
26 to 50 1,000 12,100
51 to 100 1,500 12,101
101 to 200 2,500 12,102
201 to 500 3,500 12,103
501 or more 5,500 12,104
For the purpose of determining the applicable license fee 12,107
under this division, the daily design input capacity shall be the 12,108
quantity of scrap tires the facility is designed to process daily 12,109
as set forth in the registration certificate or permit for the 12,110
facility, and any modifications to the permit, if applicable, 12,111
issued under section 3734.78 of the Revised Code. 12,112
283
(B) The annual fee for a scrap tire monocell or monofill 12,114
facility license shall be in accordance with the following 12,115
schedule: 12,116
Authorized Maximum Annual License 12,118
Daily Waste Receipt Fee 12,119
(Tons) 12,120
100 or less $ 5,000 12,121
101 to 200 12,500 12,122
201 to 500 30,000 12,123
501 or more 60,000 12,124
For the purpose of determining the applicable license fee 12,127
under this division, the authorized maximum daily waste receipt 12,128
shall be the maximum amount of scrap tires the facility is 12,129
authorized to receive daily that is established in the permit for 12,130
the facility, and any modification to that permit, issued under 12,131
section 3734.77 of the Revised Code. 12,132
(C)(1) Except as otherwise provided in division (C)(2) of 12,134
this section, the annual fee for a scrap tire storage facility 12,135
license shall equal one thousand dollars times the number of 12,136
acres on which scrap tires are to be stored at the facility 12,137
during the license year, as set forth on the application for the 12,138
annual license, except that the total annual license fee for any 12,139
such facility shall not exceed three thousand dollars. 12,140
(2) The annual fee for a scrap tire storage facility 12,142
license for a storage facility that is owned or operated by a 12,143
motor vehicle salvage dealer licensed under Chapter 4738. of the 12,144
Revised Code is one hundred dollars. 12,145
(D)(1) Except as otherwise provided in division (D)(2) of 12,147
this section, the annual fee for a scrap tire collection facility 12,148
license is two hundred dollars. 12,149
(2) The annual fee for a scrap tire collection facility 12,151
license for a collection facility that is owned or operated by a 12,152
motor vehicle salvage dealer licensed under Chapter 4738. of the 12,153
Revised Code is fifty dollars. 12,154
284
(E) Except as otherwise provided in divisions (C)(2) and 12,156
(D)(2) of this section, the same fees apply to private operators 12,157
and to the state and its political subdivisions and shall be paid 12,158
within thirty days after the issuance of a license. The fees 12,159
include the cost of licensing, all inspections, and other costs 12,160
associated with the administration of the scrap tire provisions 12,161
of this chapter and rules adopted under them. Each license shall 12,162
specify that it is conditioned upon payment of the applicable fee 12,163
to the board of health or the director of environmental 12,164
protection, as appropriate, within thirty days after the issuance 12,166
of the license.
(F) The board of health shall retain fifteen thousand 12,168
dollars of each license fee collected by the board under division 12,169
(B) of this section, or the entire amount of any such fee that is 12,170
less than fifteen thousand dollars, and the entire amount of each 12,171
license fee collected by the board under divisions (A), (C), and 12,172
(D) of this section. The moneys retained shall be paid into a 12,173
special fund, which is hereby created in each health district, 12,174
and used solely to administer and enforce the scrap tire 12,175
provisions of this chapter and rules adopted under them. The 12,176
remainder, if any, of each license fee collected by the board 12,177
under division (B) of this section shall be transmitted to the 12,178
director within forty-five days after receipt of the fee. 12,180
(G) The director shall transmit the moneys received by the 12,182
director from license fees collected under division (B) of this 12,183
section to the treasurer of state to be credited to the scrap 12,184
tire management fund, which is hereby created in the state 12,185
treasury. The fund shall consist of all federal moneys received 12,186
by the environmental protection agency for the scrap tire 12,187
management program; all grants, gifts, and contributions made to 12,188
the director for that program; and all other moneys that may be 12,189
provided by law for that program. The director shall use moneys 12,190
in the fund as follows: 12,191
(1) Expend not more than seven hundred fifty thousand 12,193
285
dollars during each fiscal year to implement, administer, and 12,195
enforce the scrap tire provisions of this chapter and rules 12,196
adopted under them; 12,197
(2) For fiscal years 1998 and 1999, grant not more than 12,201
one hundred fifty thousand dollars during each fiscal year to the 12,202
polymer institute at the university of Akron for the purpose of 12,203
expediting research concerning and evaluation of alternative 12,204
methods of recycling scrap tires. The institute shall report to 12,205
the director annually concerning research programs under review, 12,206
and the results of scrap tire recycling experiments conducted, by 12,207
or in conjunction with the institute. The university shall 12,208
report to the director biennially concerning the expenditures of 12,209
moneys received by the institute under division (G)(2) of this 12,210
section.
(3) During each of fiscal years 1998, 1999, and 2000 YEAR, 12,213
request the director of budget and management to, and the 12,215
director of budget and management shall, transfer one million 12,216
dollars to the facilities establishment SCRAP TIRE LOANS AND 12,217
GRANTS fund created in section 166.03 166.032 of the Revised Code 12,218
for the purposes specified in that section; 12,219
(4) Annually transfer to the central support indirect fund 12,221
created in section 3745.014 of the Revised Code an amount equal 12,223
to not more than twelve per cent of each fiscal year's 12,224
appropriation to the scrap tire management fund.
(H)(1) If, during A fiscal year 1997, 1998, 1999, or 2000, 12,226
more than three million five hundred thousand dollars are 12,228
credited to the scrap tire management fund, the director, at the 12,229
conclusion of the fiscal year, shall request the director of 12,231
budget and management to, and the director of budget and 12,232
management shall, transfer to the facilities establishment SCRAP 12,234
TIRE LOANS AND GRANTS fund one-half of the moneys credited to the 12,236
scrap tire management fund in excess of that amount. 12,237
(2) In each of fiscal years 1998, 1999, and 2000 YEAR, if 12,240
more than three million five hundred thousand dollars are 12,241
286
credited to the scrap tire management fund during the preceding 12,242
fiscal year, the director shall expend during the current fiscal 12,243
year one-half of that excess amount to conduct removal operations 12,244
under section 3734.85 of the Revised Code. 12,245
(I) After the actions in divisions (G)(1) to (4) and (H) 12,248
of this section are completed during each of fiscal years 1998,
1999, and 2000 YEAR, the director may expend up to the balance 12,249
remaining from prior fiscal years in the scrap tire management 12,251
fund to conduct removal actions under section 3734.85 of the 12,252
Revised Code. Prior to using any moneys in the fund for that 12,253
purpose in a fiscal year, the director shall request the approval 12,254
of the controlling board for that use of the moneys. The request 12,255
shall be accompanied by a plan describing the removal actions to 12,256
be conducted during the fiscal year and an estimate of the costs 12,257
of conducting them. The controlling board shall approve the plan 12,258
only if the board finds that the proposed removal actions are in 12,259
accordance with the priorities set forth in division (B) of 12,260
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. 12,262
Sec. 3734.87. Not later than five years after the 12,271
effective date of this section DURING THE YEARS 2002 AND 2006, 12,272
the director of environmental protection shall submit a report to 12,273
the speaker of the house of representatives and the president of 12,274
the senate concerning the implementation, administration, and 12,275
enforcement of the scrap tire provisions of this chapter and 12,276
rules adopted under them, including at least a discussion of the 12,277
expenditure of moneys from the scrap tire management fund created 12,278
in section 3734.82 of the Revised Code and recommendations
concerning any legislative changes needed to improve that 12,279
implementation, administration, and enforcement. 12,280
Sec. 3734.901. (A) For the purpose of providing revenue 12,289
to defray the cost of administering and enforcing the scrap tire 12,290
provisions of this chapter, rules adopted under those provisions, 12,291
and terms and conditions of orders, variances, and licenses 12,292
287
issued under those provisions; to abate accumulations of scrap 12,293
tires; to make grants to promote research regarding alternative 12,294
methods of recycling scrap tires and loans to promote the 12,295
recycling or recovery of energy from scrap tires; and to defray 12,296
the costs of administering and enforcing sections 3734.90 to 12,297
3734.9014 of the Revised Code, a fee of fifty cents per tire is 12,298
hereby levied on the sale of tires. The fee is levied from the 12,299
first day of the calendar month that begins next after thirty 12,300
days from the effective date of this section OCTOBER 29, 1993, 12,302
through June 30, 2000 2006. 12,303
(B) Only one sale of the same article shall be used in 12,305
computing the amount of the fee due. 12,306
Sec. 3742.03. Not later than six months after the 12,316
effective date of this section, the THE public health council 12,318
shall adopt rules in accordance with Chapter 119. of the Revised 12,319
Code for the administration and enforcement of this chapter. The 12,320
rules shall specify all of the following: 12,321
(A) Procedures to be followed by any individual licensed 12,323
under section 3742.05 of the Revised Code for undertaking lead 12,324
abatement activities; 12,325
(B)(1) Requirements for training and licensure, in 12,327
addition to those established under section 3742.08 of the 12,328
Revised Code, to include levels of training and periodic 12,329
refresher training for each class of worker, and to be used for 12,330
licensure under section 3742.05 of the Revised Code. These 12,331
requirements shall include at least twenty-four classroom hours 12,332
of training based on the Occupational Safety and Health Act 12,333
training program for lead set forth in 29 C.F.R. 1926.62. In 12,334
establishing the training and licensure requirements, the public 12,335
health council shall consider the core of information that is 12,336
needed by all licensed persons, and establish the training 12,337
requirements so that persons who would seek licenses in more than 12,338
one area would not have to take duplicative course work. 12,339
(2) Persons certified by the American board of industrial 12,341
288
hygiene as a certified industrial hygienist (CIH) or as an 12,342
industrial hygienist-in-training (IHIT), and persons registered 12,343
as a sanitarian or sanitarian-in-training under Chapter 4736. of 12,344
the Revised Code, shall be exempt from any training requirements 12,345
for initial licensure established under this chapter, but shall 12,346
be required to take any examinations for licensure required under 12,347
section 3742.05 of the Revised Code. 12,348
(C) Fees for licenses issued under section 3742.05 of the 12,350
Revised Code and for their renewal. The public health council 12,352
may establish an "examination only" fee for licensure of persons 12,353
who are exempt from training requirements for licensure but who 12,355
are required to take examinations for licensure.; 12,357
(D) Procedures to be followed by lead inspectors, lead 12,359
abatement contractors, environmental lead analytical 12,360
laboratories, lead risk assessors, lead abatement project 12,361
designers, and lead abatement workers to prevent public exposure 12,362
to lead hazards and ensure worker protection during lead 12,363
abatement projects; 12,364
(E)(1) Record-keeping and reporting requirements for 12,366
clinical laboratories, environmental lead analytical 12,367
laboratories, lead inspectors, lead abatement contractors, lead 12,368
risk assessors, lead abatement project designers, and lead 12,369
abatement workers for lead abatement projects; 12,370
(2) Record-keeping and reporting requirements regarding 12,372
lead poisoning for physicians, in addition to the requirements of 12,373
section 3701.25 of the Revised Code; 12,374
(3) Information that is required to be reported under 12,376
rules based on divisions (E)(1) and (2) of this section and that 12,377
is a medical record is not a public record under section 149.43 12,378
of the Revised Code and shall not be released, except in 12,379
aggregate statistical form. 12,380
(F) Procedures for inspections conducted by the director 12,382
of health or a board of health under section 3742.12 or 3742.13 12,383
of the Revised Code; 12,384
289
(G) The level of lead in lead-based paint, 12,386
lead-contaminated dust, and lead-contaminated soil that is 12,387
hazardous to human health; 12,388
(H) The level of lead in human blood that is hazardous to 12,390
human health according to information obtained from the centers 12,391
for disease control and prevention in the public health service 12,392
of the United States department of health and human services; 12,393
(I) Environmental sampling techniques for use in 12,395
collecting samples of air, water, paint, and other materials; 12,396
(J) Requirements for a respiratory protection plan 12,398
prepared in accordance with section 3742.07 of the Revised Code; 12,399
(K) Requirements that UNDER WHICH a manufacturer of A LEAD 12,402
abatement systems and abatement products SYSTEM OR PRODUCT MUST 12,403
demonstrate evidence of safety and durability of their products 12,404
ITS SYSTEM OR PRODUCT by providing results of testing from an 12,406
independent laboratory that indicate INDICATING that the products 12,407
meet SYSTEM OR PRODUCT MEETS the standards developed by the ASTM"E06.23" subcommittee for the particular product or system OR 12,410
PRODUCT BY THE "E06.23 SUBCOMMITTEE," WHICH IS THE LEAD-PAINT 12,411
ABATEMENT SUBCOMMITTEE OF THE PERFORMANCE OF BUILDINGS COMMITTEE 12,412
OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS; 12,413
(L) Procedures to be followed by the public health council 12,415
in revising its rules to ensure that lead-hazard activities 12,416
meeting the provisions of this chapter continue to be eligible 12,417
for federal funding and meet the requirements promulgated by 12,418
regulation by the United States environmental protection agency, 12,419
the United States department of housing and urban development, 12,420
and other federal agencies that may have jurisdiction over lead 12,421
hazards; 12,422
(M) Any other requirements the council considers 12,424
appropriate for the administration or enforcement of this 12,425
chapter. 12,426
Sec. 3742.04. (A) The director of health shall do all of 12,435
the following: 12,436
290
(1) Administer and enforce the requirements of this 12,438
chapter and the rules adopted pursuant to it; 12,439
(2)(a) Conduct research and disseminate information on the 12,441
number, extent, and general geographic location of 12,442
lead-contaminated structures, which may include a statewide 12,443
survey and may include the establishment of a unit for the 12,444
collection and analysis of data on lead-hazard detection and 12,445
lead-hazard reduction activities, including the licensing, 12,446
certification, accreditation, APPROVAL, and enforcement 12,447
activities under this chapter; 12,448
(b) Update information and data collected or disseminated 12,450
under division (A)(2)(a) of this section to include the results 12,451
of an inspection or assessment conducted pursuant to section 12,452
3742.14 of the Revised Code, when a report based on that 12,453
inspection is provided to the director pursuant to rules adopted 12,454
by the public health council under section 3742.03 of the Revised 12,455
Code. 12,456
(3) Examine records and reports submitted by lead 12,458
inspectors, lead abatement contractors, lead risk assessors, lead 12,459
abatement project designers, and lead abatement workers in 12,460
accordance with section 3742.05 of the Revised Code to determine 12,461
whether the requirements of this chapter are being met; 12,462
(4) Examine records and reports submitted by physicians, 12,464
clinical laboratories, and environmental lead analytical 12,465
laboratories under section 3701.25 or 3742.09 of the Revised 12,466
Code; 12,467
(5) Issue approval to manufacturers of lead abatement 12,469
systems or products that have done all of the following: 12,470
(a) Submitted an application for approval to the director 12,472
on a form prescribed by the director; 12,473
(b) Paid the application fee established by the director; 12,475
(c) Submitted results from an independent laboratory 12,477
indicating THAT the MANUFACTURER'S SYSTEM OR product or system 12,479
satisfies ASTM standards pursuant to rules THE REQUIREMENTS 12,480
291
established IN RULES ADOPTED under division (K) of section 12,481
3742.03 of the Revised Code; 12,482
(d) Complied with rules adopted by the public health 12,484
council regarding durability and safety to workers and residents. 12,485
(6) Establish liaisons and cooperate with the directors or 12,487
agencies in states having lead abatement, accreditation, 12,488
licensing, and ACCREDITATION, certification, AND APPROVAL 12,490
programs to promote consistency between the requirements of this 12,491
chapter and those of other states in order to facilitate 12,492
reciprocity of licensing, certification, and accreditation THE 12,493
PROGRAMS among states.
(B) In addition to any other authority granted by this 12,495
chapter, the director of health may do any of the following: 12,496
(1) Employ persons who have received training from a 12,498
program the director has determined provides the necessary 12,499
background. The appropriate training may be obtained in a state 12,500
that has an ongoing lead abatement program under which it 12,501
conducts educational programs. 12,502
(2) Conduct lead abatement training programs and licensure 12,504
examinations, and collect fees to cover the cost of conducting 12,505
them; 12,506
(3) Conduct or cooperate with other state agencies to 12,508
conduct programs of public education on the nature and 12,509
consequences of lead hazards and on the need for lead-hazard 12,510
reduction activities to be conducted under careful supervision by 12,511
licensed and accredited personnel; 12,512
(4)(3) Cooperate with the United States environmental 12,514
protection agency in any joint oversight procedures the agency 12,515
may propose for laboratories that offer lead analysis services 12,516
and are accredited under the EPA AGENCY'S laboratory 12,517
accreditation program; 12,518
(5)(4) Advise, consult, cooperate with, or enter into 12,520
contracts or cooperative agreements with any person, government 12,521
entity, interstate agency, or the federal government as he THE 12,522
292
DIRECTOR considers necessary to fulfill the requirements of this 12,523
chapter and the rules adopted under it. 12,524
Sec. 3742.05. (A)(1) The director of health shall issue 12,533
lead inspector, lead abatement contractor, lead risk assessor, 12,534
lead abatement project designer, and lead abatement worker 12,535
licenses. The director shall issue a license to an applicant who 12,536
meets all of the following requirements: 12,537
(a) Submits an application to the director on a form 12,539
prescribed by the director; 12,540
(b) Meets the licensing and training requirements 12,542
established by the public health council under section 3742.03 of 12,543
the Revised Code; 12,544
(c) Successfully completes the licensing examination for 12,546
his THE APPLICANT'S area of expertise approved by the director 12,548
ADMINISTERED under section 3742.08 of the Revised Code and any 12,549
training required by the director under that section; 12,550
(d) Pays the license fee established by the public health 12,552
council under section 3742.03 of the Revised Code; 12,553
(e) Provides any information the director may require to 12,555
demonstrate the applicant's compliance with this chapter and the 12,556
rules adopted under it. 12,557
(2) An individual may hold more than one license issued 12,559
under this division, but a separate application is required for 12,560
each license. 12,561
(B) A license issued under this section expires two years 12,563
after the date of issuance. The director shall renew a license 12,564
in accordance with the standard renewal procedure set forth in 12,565
Chapter 4745. of the Revised Code, if the licensee does all of 12,566
the following: 12,567
(1) Continues to meet the requirements of division (A) of 12,569
this section; 12,570
(2) Demonstrates compliance with procedures to prevent 12,572
public exposure to lead hazards and for worker protection during 12,573
lead abatement projects established by rule adopted by the public 12,574
293
health council under section 3742.03 of the Revised Code; 12,575
(3) Meets the record-keeping and reporting requirements 12,577
for lead abatement projects established by rule adopted by the 12,578
public health council under section 3742.03 of the Revised Code; 12,579
(4) Pays the license renewal fee established by rule 12,581
adopted by the public health council under section 3742.03 of the 12,582
Revised Code. 12,583
(C) An individual licensed, certified, or otherwise 12,585
approved under the law of another state to perform functions 12,586
substantially similar to those of a lead inspector, lead 12,587
abatement contractor, lead risk assessor, lead abatement project 12,588
designer, or lead abatement worker may apply to the director of 12,589
health for licensure in accordance with the procedures set forth 12,590
in division (A) of this section. The director shall license an 12,591
individual under this division on a determination that the 12,592
standards for licensure, certification, or approval in that state 12,593
are at least substantially equivalent to those established by 12,594
this chapter and the rules adopted under it. The director may 12,595
require an examination for licensure under this division. 12,596
Sec. 3742.08. (A)(1) The director of health shall 12,605
conduct, specify requirements by rule, or approve training 12,606
programs and examinations for licensure of lead inspectors, lead 12,607
abatement contractors, lead risk assessors, lead abatement 12,608
project designers, and lead abatement workers. In accordance 12,609
with Chapter 119. of the Revised Code, the director shall adopt 12,610
rules establishing all of the following: 12,611
(1)(a) A system for accreditation of training programs and 12,613
the requirements for accreditation, including curriculum 12,614
requirements, hour requirements, hands-on training requirements, 12,615
trainee competency and proficiency requirements, and requirements 12,616
for quality control; 12,617
(2) Procedures and criteria for approval of licensing 12,619
examinations and the qualifications of examination 12,620
administrators; 12,621
294
(3)(b) Fees for application for approval of a training 12,623
program and for participating in any program conducted by the 12,624
director; 12,625
(4) Fees for licensing examinations; 12,627
(5)(c) Any other requirements pertinent to the operation 12,629
of a training program or an examination. 12,630
(B)(2) Each applicant for approval of a training program 12,632
or examination shall submit a completed application to the 12,633
director on a form the director shall prescribe and provide. The 12,634
director shall issue the appropriate EVIDENCE OF approval to each 12,635
applicant who meets the requirements of division (A)(1) of this 12,637
section and the criteria for approval established by rule adopted 12,638
under THIS section 3742.03 of the Revised Code and pays the fee. 12,639
(B) THE DIRECTOR SHALL ADMINISTER EXAMINATIONS FOR 12,641
LICENSURE UNDER THIS CHAPTER BY CONDUCTING EXAMINATIONS, 12,642
CONTRACTING PURSUANT TO SECTION 3701.044 OF THE REVISED CODE FOR 12,643
ANOTHER ENTITY TO CONDUCT THE EXAMINATIONS, OR APPROVING 12,644
EXAMINATIONS. IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 12,645
CODE, THE DIRECTOR SHALL ADOPT RULES SPECIFYING REQUIREMENTS FOR 12,646
THE ADMINISTRATION OF LICENSING EXAMINATIONS. THE RULES SHALL 12,647
INCLUDE REQUIREMENTS REGARDING THE QUALIFICATIONS OF EXAMINATION 12,649
ADMINISTRATORS, FEES TO COVER THE COST OF CONDUCTING THE 12,650
EXAMINATIONS, AND ANY OTHER REQUIREMENTS PERTINENT TO THE
EXAMINATIONS. 12,651
IF THE DIRECTOR IMPLEMENTS A SYSTEM OF APPROVING 12,653
EXAMINATIONS, THE RULES SHALL INCLUDE PROCEDURES AND CRITERIA FOR 12,654
APPROVAL AND FEES FOR THE APPROVAL. EACH APPLICANT FOR APPROVAL 12,655
SHALL SUBMIT A COMPLETED APPLICATION TO THE DIRECTOR ON A FORM 12,656
THE DIRECTOR SHALL PRESCRIBE AND PROVIDE. THE DIRECTOR SHALL 12,657
ISSUE EVIDENCE OF APPROVAL TO EACH APPLICANT WHO MEETS THE 12,658
CRITERIA FOR APPROVAL ESTABLISHED IN RULES ADOPTED UNDER THIS 12,659
DIVISION.
Sec. 3742.19. All EXCEPT FOR ANY LICENSING EXAMINATION FEE 12,668
COLLECTED AND RETAINED BY AN ENTITY UNDER CONTRACT PURSUANT TO 12,669
295
DIVISION (B) OF SECTION 3742.08 OF THE REVISED CODE, ALL fees 12,670
collected by the director of health under this chapter and any 12,672
grant, contribution, or other moneys received by him for the 12,673
purposes of this chapter shall be deposited into the state 12,675
treasury to the credit of the lead program fund, which is hereby 12,676
created. The moneys in the fund shall be used solely for the 12,677
administration and enforcement of this chapter and the rules 12,678
adopted under it.
Sec. 3745.11. (A) Applicants for and holders of permits, 12,687
licenses, variances, plan approvals, and certifications issued by 12,688
the director of environmental protection pursuant to Chapters 12,689
3704., 3734., 6109., and 6111. of the Revised Code shall pay a 12,690
fee to the environmental protection agency for each such issuance 12,691
and each application for an issuance as provided by this section. 12,692
No fee shall be charged for any issuance for which no application 12,693
has been submitted to the director. 12,694
(B) Prior to January 1, 1994, each person issued a permit 12,696
to operate, variance, or permit to install under section 3704.03 12,697
of the Revised Code shall pay the fees specified in the following 12,698
schedule: 12,699
(1) Fuel-Burning Equipment 12,701
Input capacity 12,703
(million British Permit Permit 12,704
thermal units to to 12,706
per hour) operate Variance install 12,709
0 or more, but 12,712
less than 10 $ 75 $225 $ 100
10 or more, but 12,713
less than 100 210 450 390
100 or more, but 12,714
less than 300 270 675 585
300 or more, but 12,715
less than 500 330 900 780
500 or more 500 975 1000 12,716
296
Any fuel-burning equipment using only natural gas, propane, 12,719
liquefied petroleum gas, or number two or lighter fuel oil shall 12,720
be assessed a fee one-half of that shown. 12,721
(2) Incinerators 12,723
Input capacity Permit Permit 12,726
(pounds per to to 12,728
hour) operate Variance install 12,731
0 to 50 $ 50 $225 $ 65 12,734
51 to 500 210 450 390 12,735
501 to 2000 270 675 585 12,736
2001 to 30,000 330 900 780 12,737
more than 30,000 500 975 1000 12,738
(3) Process 12,741
Process weight Permit Permit 12,744
rate to to 12,745
(pounds per hour) operate Variance install 12,748
0 to 1000 $100 $225 $ 200 12,751
1001 to 5000 210 450 390 12,752
5001 to 10,000 270 675 585 12,753
10,001 to 50,000 330 900 780 12,754
more than 50,000 500 975 1000 12,755
In any process where process weight rate cannot be 12,758
ascertained, the minimum fee shall be assessed. 12,759
(4) Storage tanks 12,761
Gallons Permit to Permit to 12,764
(capacity) operate Variance install 12,766
less than 40,000 $150 $225 $ 195 12,769
40,000 or more, but 12,770
less than 100,000 210 450 390
100,000 or more, but 12,771
less than 400,000 270 675 585
400,000 or more, but 12,772
less than
1,000,000 330 900 780
297
1,000,000 or more 500 975 1000 12,773
(5) Gasoline 12,776
Gasoline dispensing Permit to Permit to 12,779
facilities operate Variance install 12,781
For each gasoline 12,784
dispensing
facility $20 $100 $50
(6) Dry cleaning 12,787
Dry cleaning Permit to Permit to 12,790
facilities operate Variance install 12,792
For each dry 12,795
cleaning facility $50 $200 $100
(7) Coal mining operations regulated under Chapter 1513. 12,798
of the Revised Code shall be assessed a fee of two hundred fifty 12,799
dollars per mine or location. 12,800
(C)(1) Except as otherwise provided in division (C)(2) of 12,802
this section, beginning July 1, 1994, each person who owns or 12,803
operates an air contaminant source and who is required to apply 12,804
for and obtain a Title V permit under section 3704.036 of the 12,805
Revised Code shall pay the fees set forth in division (C)(1) of 12,806
this section. For the purposes of that division, total emissions 12,807
of air contaminants may be calculated using engineering 12,808
calculations, emissions factors, material balance calculations, 12,809
or performance testing procedures, as authorized by the director. 12,810
The following fees shall be assessed on the total actual 12,812
emissions from a source in tons per year of the regulated 12,813
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 12,814
organic compounds, and lead: 12,815
(a) Fifteen dollars per ton on the total actual emissions 12,817
of each such regulated pollutant during the period July through 12,818
December 1993, to be collected no sooner than July 1, 1994; 12,819
(b) Twenty dollars per ton on the total actual emissions 12,821
of each such regulated pollutant during calendar year 1994, to be 12,822
collected no sooner than April 15, 1995; 12,823
298
(c) Twenty-five dollars per ton on the total actual 12,825
emissions of each such regulated pollutant in calendar year 1995, 12,826
and each subsequent calendar year, to be collected no sooner than 12,827
the fifteenth day of April of the year next succeeding the 12,828
calendar year in which the emissions occurred. 12,829
The fees levied under division (C)(1) of this section do 12,831
not apply to that portion of the emissions of a regulated 12,832
pollutant at a facility that exceed four thousand tons during a 12,833
calendar year. 12,834
(2) The fees assessed under division (C)(1) of this 12,836
section are for the purpose of providing funding for the Title V 12,837
permit program. 12,838
(3) The fees assessed under division (C)(1) of this 12,840
section do not apply to emissions from any electric generating 12,841
unit designated as a Phase I unit under Title IV of the federal 12,842
Clean Air Act prior to calendar year 2000. Those fees shall be 12,843
assessed on the emissions from such a generating unit commencing 12,844
in calendar year 2001 based upon the total actual emissions from 12,845
the generating unit during calendar year 2000. 12,846
(4) The director shall issue invoices to owners or 12,848
operators of air contaminant sources who are required to pay a 12,849
fee assessed under division (C) or (D) of this section. Any such 12,850
invoice shall be issued no sooner than the applicable date when 12,851
the fee first may be collected in a year under the applicable 12,852
division, shall identify the nature and amount of the fee 12,853
assessed, and shall indicate that the fee is required to be paid 12,854
within thirty days after the issuance of the invoice. 12,855
(D) Beginning (1) EXCEPT AS PROVIDED IN DIVISION (D)(2) 12,858
OF THIS SECTION, BEGINNING January 1, 1994, each person who owns 12,859
or operates an air contaminant source; who is required to apply 12,860
for a permit to operate pursuant to rules adopted under division 12,861
(G), or a variance pursuant to division (H), of section 3704.03 12,862
of the Revised Code; and who is not required to apply for and 12,863
obtain a Title V permit under section 3704.036 of the Revised 12,864
299
Code shall pay a single fee based upon the sum of the actual 12,865
annual emissions from the facility of the regulated pollutants 12,866
particulate matter, sulfur dioxide, nitrogen oxides, organic 12,868
compounds, and lead in accordance with the following schedule: 12,869
Total tons 12,871
per year of regulated Annual fee 12,873
pollutants emitted per facility 12,875
More than 0, but less than 50 $ 75 12,877
50 or more, but less than 100 300 12,878
100 or more 700 12,879
(2)(a) AS USED IN DIVISION (D) OF THIS SECTION, "SYNTHETIC 12,883
MINOR FACILITY" MEANS A FACILITY FOR WHICH ONE OR MORE PERMITS TO 12,884
INSTALL OR PERMITS TO OPERATE HAVE BEEN ISSUED FOR THE AIR 12,885
CONTAMINANT SOURCES AT THE FACILITY THAT INCLUDE TERMS AND 12,886
CONDITIONS THAT LOWER THE FACILITY'S POTENTIAL TO EMIT AIR 12,887
CONTAMINANTS BELOW THE MAJOR SOURCE THRESHOLDS ESTABLISHED IN 12,888
RULES ADOPTED UNDER SECTION 3704.036 OF THE REVISED CODE. 12,890
(b) BEGINNING JANUARY 1, 2000, EACH PERSON WHO OWNS OR 12,892
OPERATES A SYNTHETIC MINOR FACILITY SHALL PAY AN ANNUAL FEE BASED 12,894
ON THE SUM OF THE ACTUAL ANNUAL EMISSIONS FROM THE FACILITY OF 12,895
PARTICULATE MATTER, SULFUR DIOXIDE, NITROGEN DIOXIDE, ORGANIC 12,896
COMPOUNDS, AND LEAD IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: 12,897
COMBINED TOTAL TONS 12,899
PER YEAR OF ALL REGULATED ANNUAL FEE 12,901
POLLUTANTS EMITTED PER FACILITY 12,903
LESS THAN 10 $ 170 12,906
10 OR MORE, BUT LESS THAN 20 340 12,908
20 OR MORE, BUT LESS THAN 30 670 12,910
30 OR MORE, BUT LESS THAN 40 1,010 12,912
40 OR MORE, BUT LESS THAN 50 1,340 12,914
50 OR MORE, BUT LESS THAN 60 1,680 12,916
60 OR MORE, BUT LESS THAN 70 2,010 12,918
70 OR MORE, BUT LESS THAN 80 2,350 12,920
80 OR MORE, BUT LESS THAN 90 2,680 12,922
300
90 OR MORE, BUT LESS THAN 100 3,020 12,924
100 OR MORE 3,350 12,926
(3) The fees assessed under this division (D)(1) OF THIS 12,930
SECTION shall be collected annually no sooner than the fifteenth 12,931
day of April, commencing in 1995. THE FEES ASSESSED UNDER 12,932
DIVISION (D)(2) OF THIS SECTION SHALL BE COLLECTED NO SOONER THAN 12,933
THE FIFTEENTH DAY OF APRIL, COMMENCING IN 2000. The fee FEES 12,934
assessed under this division (D) OF THIS SECTION in a calendar 12,935
year shall be based upon the sum of the actual emissions of those 12,936
regulated pollutants during the preceding calendar year. For the 12,937
purpose of this division (D) OF THIS SECTION, emissions of air 12,938
contaminants may be calculated using engineering calculations, 12,940
emission factors, material balance calculations, or performance 12,941
testing procedures, as authorized by the director. The director, 12,942
by rule, may require persons who are required to pay the fees 12,943
assessed under this division (D) OF THIS SECTION to pay those 12,944
fees biennially rather than annually. 12,945
(E)(1) Consistent with the need to cover the reasonable 12,947
costs of the Title V permit program, the director annually shall 12,948
increase the fees prescribed in division (C)(1) of this section 12,949
by the percentage, if any, by which the consumer price index for 12,950
the most recent calendar year ending before the beginning of a 12,951
year exceeds the consumer price index for calendar year 1989. 12,952
Upon calculating an increase in fees authorized by division 12,953
(E)(1) of this section, the director shall compile revised fee 12,954
schedules for the purposes of division (C)(1) of this section and 12,955
shall make the revised schedules available to persons required to 12,956
pay the fees assessed under that division and to the public. 12,957
(2) For the purposes of division (E)(1) of this section: 12,959
(a) The consumer price index for any year is the average 12,961
of the consumer price index for all urban consumers published by 12,962
the United States department of labor as of the close of the 12,963
twelve-month period ending on the thirty-first day of August of 12,964
that year; 12,965
301
(b) If the 1989 consumer price index is revised, the 12,967
director shall use the revision of the consumer price index that 12,968
is most consistent with that for calendar year 1989. 12,969
(F) Each person who is issued a permit to install pursuant 12,971
to rules adopted under division (F) of section 3704.03 of the 12,972
Revised Code on or after January 1, 1994, shall pay the fees 12,973
specified in the following schedules: 12,974
(1) 12,976
(1) Fuel-burning equipment (boilers) 12,978
Input capacity (maximum) 12,980
(million British thermal units per Permit to install 12,981
hour)
Greater than 0, but less than 10 $ 200 12,982
10 or more, but less than 100 400 12,983
100 or more, but less than 300 800 12,984
300 or more, but less than 500 1500 12,985
500 or more, but less than 1000 2500 12,986
1000 or more, but less than 5000 4000 12,987
5000 or more 6000 12,988
Units burning exclusively natural gas, number two fuel oil, 12,991
or both shall be assessed a fee that is one-half the applicable 12,992
amount shown in division (F)(1) of this section. 12,993
(2) 12,995
(2) Incinerators 12,997
Input capacity (pounds per hour) Permit to install 12,999
0 to 100 $ 100 13,000
101 to 500 400 13,001
501 to 2000 750 13,002
2001 to 20,000 1000 13,003
more than 20,000 2500 13,004
(3) 13,007
(3)(a) Process 13,009
Process weight rate (pounds per Permit to install 13,011
hour)
302
0 to 1000 $ 200 13,012
1001 to 5000 400 13,013
5001 to 10,000 600 13,014
10,001 to 50,000 800 13,015
more than 50,000 1000 13,016
In any process where process weight rate cannot be 13,019
ascertained, the minimum fee shall be assessed. 13,020
(b) Notwithstanding division (F)(3)(a) of this section, 13,022
any person issued a permit to install pursuant to rules adopted 13,023
under division (F) of section 3704.03 of the Revised Code shall 13,024
pay the fees set forth in division (F)(3)(c) of this section for 13,025
a process used in any of the following industries, as identified 13,026
by the applicable four-digit standard industrial classification 13,027
code according to the Standard Industrial Classification Manual 13,028
published by the United States office of management and budget in 13,029
the executive office of the president, 1972, as revised: 13,030
1211 Bituminous coal and lignite mining; 13,032
1213 Bituminous coal and lignite mining services; 13,034
1411 Dimension stone; 13,036
1422 Crushed and broken limestone; 13,038
1427 Crushed and broken stone, not elsewhere classified; 13,040
1442 Construction sand and gravel; 13,042
1446 Industrial sand; 13,044
3281 Cut stone and stone products; 13,046
3295 Minerals and earth, ground or otherwise treated. 13,048
(c) The fees set forth in the following schedule apply to 13,050
the issuance of a permit to install pursuant to rules adopted 13,051
under division (F) of section 3704.03 of the Revised Code for a 13,052
process identified in division (F)(3)(b) of this section: 13,053
Process weight rate Permit to install 13,055
(pounds per hour)
0 to 10,000 $200 13,056
10,001 to 50,000 300 13,057
50,001 to 100,000 400 13,058
303
100,001 to 200,000 500 13,059
200,001 to 400,000 600 13,060
400,001 or more 700 13,061
(4) 13,064
(4) Storage tanks 13,066
Gallons (maximum useful Permit to install 13,068
capacity)
0 to 20,000 $100 13,069
20,001 to 40,000 150 13,070
40,001 to 100,000 200 13,071
100,001 to 250,000 250 13,072
250,001 to 500,000 350 13,073
500,001 to 1,000,000 500 13,074
1,000,001 or greater 750 13,075
(5) 13,078
(5) Gasoline/fuel dispensing facilities 13,080
For each gasoline/fuel Permit to install 13,082
dispensing facility
(includes all units at $100 13,083
the facility)
(6) 13,086
(6) Dry cleaning facilities 13,088
For each dry cleaning Permit to install 13,090
facility
(includes all units at $100 13,091
the facility)
(7) 13,094
(7) Registration status 13,096
Permit to install 13,098
For each source covered 13,099
by registration status $75
(G) An owner or operator who is responsible for an 13,102
asbestos demolition or renovation project pursuant to rules 13,103
adopted under section 3704.03 of the Revised Code shall pay the 13,104
304
fees set forth in the following schedule: 13,105
Action Fee 13,107
Each notification $75 13,108
Asbestos removal $3/unit 13,109
Asbestos cleanup $4/cubic yard 13,110
For purposes of this division, "unit" means any combination of 13,113
linear feet or square feet equal to fifty. 13,114
(H) A person who is issued an extension of time for a 13,116
permit to install an air contaminant source pursuant to rules 13,117
adopted under division (F) of section 3704.03 of the Revised Code 13,118
shall pay a fee equal to one-half the fee originally assessed for 13,119
the permit to install under this section, except that the fee for 13,120
such an extension shall not exceed two hundred dollars. 13,121
(I) A person who is issued a modification to a permit to 13,123
install an air contaminant source pursuant to rules adopted under 13,124
section 3704.03 of the Revised Code shall pay a fee equal to 13,125
one-half of the fee that would be assessed under this section to 13,126
obtain a permit to install the source. The fee assessed by this 13,127
division only applies to modifications that are initiated by the 13,128
owner or operator of the source and shall not exceed two thousand 13,129
dollars. 13,130
(J) Notwithstanding division (B) or (F) of this section, a 13,132
person who applies for or obtains a permit to install pursuant to 13,133
rules adopted under division (F) of section 3704.03 of the 13,134
Revised Code after the date actual construction of the source 13,135
began shall pay a fee for the permit to install that is equal to 13,136
twice the fee that otherwise would be assessed under the 13,137
applicable division unless the applicant received authorization 13,138
to begin construction under division (W) of section 3704.03 of 13,139
the Revised Code. This division only applies to sources for 13,140
which actual construction of the source begins on or after July 13,141
1, 1993. The imposition or payment of the fee established in 13,142
this division does not preclude the director from taking any 13,143
administrative or judicial enforcement action under this chapter, 13,144
305
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a 13,145
rule adopted under any of them, in connection with a violation of 13,146
rules adopted under division (F) of section 3704.03 of the 13,147
Revised Code. 13,148
As used in this division, "actual construction of the 13,150
source" means the initiation of physical on-site construction 13,151
activities in connection with improvements to the source that are 13,152
permanent in nature, including, without limitation, the 13,153
installation of building supports and foundations and the laying 13,154
of underground pipework. 13,155
(K) Fifty cents per ton of each fee assessed under 13,157
division (C) of this section on actual emissions from a source 13,158
and received by the environmental protection agency pursuant to 13,159
that division shall be deposited into the state treasury to the 13,160
credit of the small business assistance fund created in section 13,161
3706.19 of the Revised Code. The remainder of the moneys 13,162
received by the division pursuant to that division and moneys 13,163
received by the agency pursuant to divisions (D), (F), (G), (H), 13,164
(I), and (J) of this section shall be deposited in the state 13,165
treasury to the credit of the clean air fund created in section 13,166
3704.035 of the Revised Code. 13,167
(L)(1)(a) Except as otherwise provided in division 13,169
(L)(1)(b) or (c) of this section, a person issued a water 13,170
discharge permit or renewal of a water discharge permit pursuant 13,171
to Chapter 6111. of the Revised Code shall pay a fee based on 13,172
each point source to which the issuance is applicable in 13,173
accordance with the following schedule: 13,174
Design flow discharge (gallons per day) Fee 13,176
0 to 1000 $ 0 13,179
1,001 to 5000 100 13,180
5,001 to 50,000 200 13,181
50,001 to 100,000 300 13,182
100,001 to 300,000 525 13,183
over 300,000 750 13,184
306
(b) Notwithstanding the fee schedule specified in division 13,187
(L)(1)(a) of this section, the fee for a water discharge permit 13,188
that is applicable to coal mining operations regulated under 13,189
Chapter 1513. of the Revised Code shall be two hundred fifty 13,190
dollars per mine. 13,191
(c) Notwithstanding the fee schedule specified in division 13,193
(L)(1)(a) of this section, the fee for a water discharge permit 13,194
for a public discharger identified by I in the third character of 13,195
the permittee's NPDES permit number shall not exceed seven 13,196
hundred fifty dollars. 13,197
(2) A person applying for a plan approval for a wastewater 13,199
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 13,200
of the Revised Code shall pay a fee of one hundred dollars plus 13,201
sixty-five one-hundredths of one per cent of the estimated 13,202
project cost through June 30, 2000 2002, and one hundred dollars 13,204
plus two-tenths of one per cent of the estimated project cost on 13,205
and after July 1, 2000 2002, except that the total fee shall not 13,206
exceed fifteen thousand dollars through June 30, 2000 2002, and 13,208
five thousand dollars on and after July 1, 2000 2002. The fee 13,209
shall be paid at the time the application is submitted. 13,210
(3) A person issued a modification of a water discharge 13,212
permit shall pay a fee equal to one-half the fee that otherwise 13,213
would be charged for a water discharge permit, except that the 13,214
fee for the modification shall not exceed four hundred dollars. 13,215
(4) A person who has entered into an agreement with the 13,217
director under section 6111.14 of the Revised Code shall pay an 13,218
administrative service fee for each plan submitted under that 13,219
section for approval that shall not exceed the minimum amount 13,220
necessary to pay administrative costs directly attributable to 13,221
processing plan approvals. The director annually shall calculate 13,222
the fee and shall notify all persons who have entered into 13,223
agreements under that section, or who have applied for 13,224
agreements, of the amount of the fee. 13,225
(5)(a)(i) Not later than January 30, 1998 2000, and 13,227
307
January 30, 1999 2001, a person holding an NPDES discharge permit 13,229
issued pursuant to Chapter 6111. of the Revised Code with an
average daily discharge flow of five thousand gallons or more 13,231
shall pay a nonrefundable annual discharge fee. Any person who 13,232
fails to pay the fee at that time shall pay an additional amount 13,233
that equals ten per cent of the required annual discharge fee. 13,234
(ii) The billing year for the annual discharge fee 13,236
established in division (L)(4)(5)(a)(i) of this section shall 13,238
consist of a twelve-month period beginning on the first day of 13,239
January of the year preceding the date when the annual discharge 13,241
fee is due. In the case of an existing source that permanently 13,242
ceases to discharge during a billing year, the director shall 13,243
reduce the annual discharge fee, including the surcharge 13,244
applicable to certain industrial facilities pursuant to division 13,245
(L)(4)(5)(c) of this section, by one-twelfth for each full month 13,246
during the billing year that the source was not discharging, but 13,247
only if the person holding the NPDES discharge permit for the 13,248
source notifies the director in writing, not later than the first 13,249
day of October of the billing year, of the circumstances causing 13,251
the cessation of discharge.
(iii) The annual discharge fee established in division 13,254
(L)(4)(5)(a)(i) of this section, except for the surcharge 13,255
applicable to certain industrial facilities pursuant to division 13,256
(L)(4)(5)(c) of this section, shall be based upon the average 13,259
daily discharge flow in gallons per day calculated using first
day of May through thirty-first day of October flow data for the 13,261
period two years prior to the date on which the fee is due. In 13,262
the case of NPDES discharge permits for new sources, the fee 13,264
operation shall be calculated using the average daily design flow 13,265
of the facility until actual average daily discharge flow values 13,266
are available for the time period specified in division 13,268
(L)(4)(5)(a)(iii) of this section. The annual discharge fee may 13,269
be prorated for a new source as described in division 13,270
(L)(4)(5)(a)(ii) of this section.
308
(b) An A PERSON THAT HOLDS AN NPDES permit holder, PERMIT 13,273
MODIFICATION, OR PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS 13,274
AMENDMENT AND that is a public discharger shall pay the fee 13,275
specified in the following schedule:
Fee due by 13,277
Average daily January 30, 1998 2000, 13,278
discharge flow and January 30, 1999 2001 13,279
5,000 to 49,999 $ 180 13,282
50,000 to 100,000 450 13,283
100,001 to 250,000 900 13,284
250,001 to 1,000,000 2,250 13,285
1,000,001 to 5,000,000 4,500 13,286
5,000,001 to 10,000,000 9,000 13,287
10,000,001 to 20,000,000 13,500 13,288
20,000,001 to 50,000,000 22,500 13,289
50,000,001 to 100,000,000 36,000 13,290
100,000,001 or more 54,000 13,291
A PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT 13,294
MODIFICATION, OR PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS 13,296
AMENDMENT AND THAT IS A PUBLIC DISCHARGER SHALL PAY THE FEE 13,297
SPECIFIED IN THE FOLLOWING SCHEDULE:
FEE DUE BY 13,299
AVERAGE DAILY JANUARY 30, 2000, 13,300
DISCHARGE FLOW AND JANUARY 30, 2001 13,301
5,000 TO 49,999 $ 200 13,304
50,000 TO 100,000 500 13,305
100,001 TO 250,000 1,050 13,306
250,001 TO 1,000,000 2,600 13,307
1,000,001 TO 5,000,000 5,200 13,308
5,000,001 TO 10,000,000 10,350 13,309
10,000,001 TO 20,000,000 15,550 13,310
20,000,001 TO 50,000,000 25,900 13,311
50,000,001 TO 100,000,000 41,400 13,312
100,000,001 OR MORE 62,100 13,313
309
Public dischargers owning or operating two or more publicly 13,315
owned treatment works serving the same political subdivision, as 13,316
"treatment works" is defined in section 6111.01 of the Revised 13,317
Code, and that serve exclusively political subdivisions having a 13,319
population of fewer than one hundred thousand shall pay an annual 13,320
discharge fee under division (L)(5)(b) of this section that is 13,321
based on the combined average daily discharge flow of the 13,322
treatment works.
An (c) A PERSON THAT HOLDS AN NPDES permit holder, PERMIT 13,325
MODIFICATION, OR PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS 13,326
AMENDMENT AND that is an industrial discharger, other than a coal 13,328
mining operator identified by P in the third character of the 13,329
permittee's NPDES permit number, shall pay the fee specified in 13,330
the following schedule:
Fee due by 13,332
Average daily January 30, 1998 2000, 13,333
discharge flow and January 30, 1999 2001 13,334
5,000 to 49,999 $ 180 13,337
50,000 to 250,000 900 13,338
250,001 to 1,000,000 2,250 13,339
1,000,001 to 5,000,000 4,500 13,340
5,000,001 to 10,000,000 6,750 13,341
10,000,001 to 20,000,000 9,000 13,342
20,000,001 to 100,000,000 10,800 13,343
100,000,001 to 250,000,000 12,600 13,344
250,000,001 or more 14,400 13,345
In addition to the fee specified in the above schedule, A 13,348
PERSON THAT HOLDS an NPDES permit holder, PERMIT MODIFICATION, OR 13,350
PERMIT RENEWAL ON THE EFFECTIVE DATE OF THIS AMENDMENT AND that 13,351
is an industrial discharger classified as a major discharger 13,353
during all or part of the annual discharge fee billing year 13,354
specified in division (L)(4)(5)(a)(ii) of this section shall pay 13,355
a nonrefundable annual surcharge of six thousand seven hundred 13,356
fifty dollars not later than January 30, 1998 2000, and not later 13,357
310
than January 30, 1999 2001. Any person who fails to pay the 13,358
surcharge at that time shall pay an additional amount that equals 13,360
ten per cent of the amount of the surcharge.
A PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT 13,362
MODIFICATION, OR PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS 13,363
AMENDMENT AND THAT IS AN INDUSTRIAL DISCHARGER, OTHER THAN A COAL 13,364
MINING OPERATOR IDENTIFIED BY P IN THE THIRD CHARACTER OF THE 13,365
PERMITTEE'S NPDES PERMIT NUMBER, SHALL PAY THE FEE SPECIFIED IN 13,366
THE FOLLOWING SCHEDULE:
FEE DUE BY 13,368
AVERAGE DAILY JANUARY 30, 2000, 13,369
DISCHARGE FLOW AND JANUARY 30, 2001 13,370
5,000 TO 49,999 $ 250 13,373
50,000 TO 250,000 1,200 13,374
250,001 TO 1,000,000 2,950 13,375
1,000,001 TO 5,000,000 5,850 13,376
5,000,001 TO 10,000,000 8,800 13,377
10,000,001 TO 20,000,000 11,700 13,378
20,000,001 TO 100,000,000 14,050 13,379
100,000,001 TO 250,000,000 16,400 13,380
250,000,001 OR MORE 18,700 13,381
IN ADDITION TO THE FEE SPECIFIED IN THE ABOVE SCHEDULE, A 13,383
PERSON THAT IS ISSUED AN NPDES PERMIT, PERMIT MODIFICATION, OR 13,384
PERMIT RENEWAL AFTER THE EFFECTIVE DATE OF THIS AMENDMENT AND 13,385
THAT IS AN INDUSTRIAL DISCHARGER CLASSIFIED AS A MAJOR DISCHARGER 13,386
DURING ALL OR PART OF THE ANNUAL DISCHARGE FEE BILLING YEAR 13,387
SPECIFIED IN DIVISION (L)(5)(a)(ii) OF THIS SECTION SHALL PAY A 13,388
NONREFUNDABLE ANNUAL SURCHARGE OF SEVEN THOUSAND FIVE HUNDRED 13,389
DOLLARS NOT LATER THAN JANUARY 30, 2000, AND NOT LATER THAN 13,390
JANUARY 30, 2001. ANY PERSON WHO FAILS TO PAY THE SURCHARGE AT 13,391
THAT TIME SHALL PAY AN ADDITIONAL AMOUNT THAT EQUALS TEN PER CENT 13,392
OF THE AMOUNT OF THE SURCHARGE.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this 13,394
section, a public discharger identified by I in the third 13,395
311
character of the permittee's NPDES permit number and an 13,396
industrial discharger identified by I, J, L, V, W, X, Y, or Z in 13,397
the third character of the permittee's NPDES permit number shall 13,399
pay a nonrefundable annual discharge fee of one hundred eighty
dollars not later than January 30, 1998 2000, and not later than 13,401
January 30, 1999 2001. Any person who fails to pay the fee at 13,402
that time shall pay an additional amount that equals ten per cent 13,403
of the required fee. 13,404
(6) The director shall transmit all moneys collected under 13,406
division (L) of this section to the treasurer of state for 13,407
deposit into the state treasury to the credit of the surface 13,408
water protection fund created in section 6111.038 of the Revised 13,409
Code. 13,410
(7) As used in division (L) of this section: 13,412
(a) "NPDES" means the federally approved national 13,414
pollutant discharge elimination system program for issuing, 13,415
modifying, revoking, reissuing, terminating, monitoring, and 13,416
enforcing permits and imposing and enforcing pretreatment 13,417
requirements under Chapter 6111. of the Revised Code and rules 13,418
adopted under it. 13,419
(b) "Public discharger" means any holder of an NPDES 13,421
permit identified by P in the second character of the NPDES 13,422
permit number assigned by the director. 13,423
(c) "Industrial discharger" means any holder of an NPDES 13,425
permit identified by I in the second character of the NPDES 13,426
permit number assigned by the director. 13,427
(d) "Major discharger" means any holder of an NPDES permit 13,429
classified as major by the regional administrator of the United 13,430
States environmental protection agency in conjunction with the 13,431
director. 13,432
(M) Through June 30, 2000 2002, a person applying for a 13,434
license or license renewal to operate a public water system under 13,436
section 6109.21 of the Revised Code shall pay the appropriate fee 13,437
established under this division at the time of application to the 13,438
312
director. Any person who fails to pay the fee at that time shall 13,439
pay an additional amount that equals ten per cent of the required 13,440
fee. The director shall transmit all moneys collected under this 13,441
division to the treasurer of state for deposit into the drinking 13,442
water protection fund created in section 6109.30 of the Revised 13,443
Code. 13,444
Fees required under this division shall be calculated and 13,446
paid in accordance with the following schedule: 13,447
(1) For the initial license required under division (A)(1) 13,449
of section 6109.21 of the Revised Code for any public water 13,450
system that is a community water system as defined in section 13,451
6109.01 of the Revised Code, and for each license renewal 13,452
required for such a system prior to January 31, 2000 2002, the 13,453
fee is: 13,454
Number of service connections Fee amount 13,456
Not more than 49 $ 56 13,459
50 to 99 88 13,460
Number of service connections Average cost per connection 13,463
100 to 2,499 $ .96 13,465
2,500 to 4,999 .92 13,466
5,000 to 7,499 .88 13,467
7,500 to 9,999 .84 13,468
10,000 to 14,999 .80 13,469
15,000 to 24,999 .76 13,470
25,000 to 49,999 .72 13,471
50,000 to 99,999 .68 13,472
100,000 to 149,999 .64 13,473
150,000 to 199,999 .60 13,474
200,000 or more .56 13,475
A public water system may determine how it will pay the 13,478
total amount of the fee calculated under division (M)(1) of this 13,479
section, including the assessment of additional user fees that 13,480
may be assessed on a volumetric basis. 13,481
As used in division (M)(1) of this section, "service 13,483
313
connection" means the number of active or inactive pipes, 13,484
goosenecks, pigtails, and any other fittings connecting a water 13,485
main to any building outlet. 13,486
(2) For the initial license required under division (A)(2) 13,488
of section 6109.21 of the Revised Code for any public water 13,489
system that is not a community water system and serves a 13,490
nontransient population, and for each license renewal required 13,491
for such a system prior to January 31, 2000 2002, the fee is: 13,492
Population served Fee amount 13,494
Fewer than 150 $ 56 13,497
150 to 299 88 13,498
300 to 749 192 13,499
750 to 1,499 392 13,500
1,500 to 2,999 792 13,501
3,000 to 7,499 1,760 13,502
7,500 to 14,999 3,800 13,503
15,000 to 22,499 6,240 13,504
22,500 to 29,999 8,576 13,505
30,000 or more 11,600 13,506
As used in division (M)(2) of this section, "population 13,509
served" means the total number of individuals receiving water 13,510
from the water supply during a twenty-four-hour period for at 13,511
least sixty days during any calendar year. In the absence of a 13,512
specific population count, that number shall be calculated at the 13,513
rate of three individuals per service connection. 13,514
(3) For the initial license required under division (A)(3) 13,516
of section 6109.21 of the Revised Code for any public water 13,517
system that is not a community water system and serves a 13,518
transient population, and for each license renewal required for 13,519
such a system prior to January 31, 2000 2002, the fee is: 13,520
Number of wells supplying system Fee amount 13,522
1 $ 56 13,525
2 56 13,526
3 88 13,527
314
4 192 13,528
5 392 13,529
System supplied by surface 13,532
springs or dug wells 792
As used in division (M)(3) of this section, "number of 13,535
wells supplying system" means those wells that are physically 13,536
connected to the plumbing system serving the public water system. 13,537
(N)(1) A person applying for a plan approval for a public 13,539
water supply system under section 6109.07 of the Revised Code 13,540
shall pay a fee of one hundred dollars plus two-tenths of one per 13,541
cent of the estimated project cost, except that the total fee 13,542
shall not exceed fifteen thousand dollars through June 30, 2000 13,544
2002, and five thousand dollars on and after July 1, 2000 2002. 13,545
The fee shall be paid at the time the application is submitted. 13,546
(2) A person who has entered into an agreement with the 13,548
director under division (A)(2) of section 6109.07 of the Revised 13,549
Code shall pay an administrative service fee for each plan 13,550
submitted under that section for approval that shall not exceed 13,551
the minimum amount necessary to pay administrative costs directly 13,552
attributable to processing plan approvals. The director annually 13,553
shall calculate the fee and shall notify all persons that have 13,554
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee. 13,555
(3) Through June 30, 2000 2002, the following fee, on a 13,557
per survey basis, shall be charged any person for services 13,559
rendered by the state in the evaluation of laboratories and 13,560
laboratory personnel for compliance with accepted analytical 13,561
techniques and procedures established pursuant to Chapter 6109. 13,562
of the Revised Code for determining the qualitative 13,563
characteristics of water:
microbiological $1,650 13,565
organic chemical 3,500 13,566
inorganic chemical 3,500 13,567
standard chemistry 1,800 13,568
315
limited chemistry 1,000 13,569
On and after July 1, 2000 2002, the following fee, on a per 13,572
survey basis, shall be charged any such person: 13,573
microbiological $250 13,575
chemical/radiological 250 13,576
nitrate/turbidity (only) 150 13,577
The fee for those services shall be paid at the time the request 13,580
for the survey is made. Through June 30, 2000 2002, an 13,581
individual laboratory shall not be assessed a fee under this 13,583
division more than once in any three-year period. 13,584
The director shall transmit all moneys collected under this 13,586
division to the treasurer of state for deposit into the drinking 13,587
water protection fund created in section 6109.30 of the Revised 13,588
Code. 13,589
(O) Any person applying to the director for examination 13,591
for certification as an operator of a water supply system or 13,592
wastewater system under Chapter 6109. or 6111. of the Revised 13,593
Code, at the time the application is submitted, shall pay an 13,594
application fee of twenty-five dollars through June 30, 2000 13,596
2002, and ten dollars on and after July 1, 2000 2002. Upon 13,597
approval from the director that the applicant is eligible to take 13,598
the examination therefor, the applicant shall pay a fee in 13,600
accordance with the following schedule through June 30, 2000 13,601
2002:
Class I operator $45 13,603
Class II operator 55 13,604
Class III operator 65 13,605
Class IV operator 75 13,606
On and after July 1, 2000 2002, the applicant shall pay a 13,609
fee in accordance with the following schedule: 13,610
Class I operator $25 13,612
Class II operator 35 13,613
Class III operator 45 13,614
Class IV operator 55 13,615
316
The director shall transmit all moneys collected under this 13,618
division to the treasurer of state for deposit into the drinking 13,619
water protection fund created in section 6109.30 of the Revised 13,620
Code. 13,621
(P) Through June 30, 2000 2002, any person submitting an 13,623
application for an industrial water pollution control certificate 13,624
under section 6111.31 of the Revised Code shall pay a 13,625
nonrefundable fee of five hundred dollars at the time the 13,626
application is submitted. The director shall transmit all moneys 13,627
collected under this division to the treasurer of state for 13,628
deposit into the surface water protection fund created in section 13,629
6111.038 of the Revised Code. A person paying a certificate fee 13,630
under this division shall not pay an application fee under 13,631
division (S)(1) of this section. 13,632
(Q) Except as otherwise provided in division (R) of this 13,634
section, a person issued a permit by the director for a new solid 13,635
waste disposal facility other than an incineration or composting 13,636
facility, a new infectious waste treatment facility other than an 13,637
incineration facility, or a modification of such an existing 13,638
facility that includes an increase in the total disposal or 13,639
treatment capacity of the facility pursuant to Chapter 3734. of 13,640
the Revised Code shall pay a fee of ten dollars per thousand 13,641
cubic yards of disposal or treatment capacity, or one thousand 13,642
dollars, whichever is greater, except that the total fee for any 13,643
such permit shall not exceed eighty thousand dollars. A person 13,644
issued a modification of a permit for a solid waste disposal 13,645
facility or an infectious waste treatment facility that does not 13,646
involve an increase in the total disposal or treatment capacity 13,647
of the facility shall pay a fee of one thousand dollars. A 13,648
person issued a permit to install a new, or modify an existing, 13,649
solid waste transfer facility under that chapter shall pay a fee 13,650
of two thousand five hundred dollars. A person issued a permit 13,651
to install a new or to modify an existing solid waste 13,652
incineration or composting facility, or an existing infectious 13,653
317
waste treatment facility using incineration as its principal 13,654
method of treatment, under that chapter shall pay a fee of one 13,655
thousand dollars. The increases in the permit fees under this 13,656
division resulting from the amendments made by Amended Substitute 13,657
House Bill 592 of the 117th general assembly do not apply to any 13,658
person who submitted an application for a permit to install a 13,659
new, or modify an existing, solid waste disposal facility under 13,660
that chapter prior to September 1, 1987; any such person shall 13,661
pay the permit fee established in this division as it existed 13,662
prior to June 24, 1988. In addition to the applicable permit fee 13,663
under this division, a person issued a permit to install or 13,664
modify a solid waste facility or an infectious waste treatment 13,665
facility under that chapter who fails to pay the permit fee to 13,666
the director in compliance with division (V) of this section 13,667
shall pay an additional ten per cent of the amount of the fee for 13,668
each week that the permit fee is late. 13,669
Permit and late payment fees paid to the director under 13,671
this division shall be credited to the general revenue fund. 13,672
(R)(1) A person issued a registration certificate for a 13,674
scrap tire collection facility under section 3734.75 of the 13,675
Revised Code shall pay a fee of two hundred dollars, except that 13,676
if the facility is owned or operated by a motor vehicle salvage 13,677
dealer licensed under Chapter 4738. of the Revised Code, the 13,678
person shall pay a fee of twenty-five dollars. 13,679
(2) A person issued a registration certificate for a new 13,681
scrap tire storage facility under section 3734.76 of the Revised 13,682
Code shall pay a fee of three hundred dollars, except that if the 13,683
facility is owned or operated by a motor vehicle salvage dealer 13,684
licensed under Chapter 4738. of the Revised Code, the person 13,685
shall pay a fee of twenty-five dollars. 13,686
(3) A person issued a permit for a scrap tire storage 13,688
facility under section 3734.76 of the Revised Code shall pay a 13,689
fee of one thousand dollars, except that if the facility is owned 13,690
or operated by a motor vehicle salvage dealer licensed under 13,691
318
Chapter 4738. of the Revised Code, the person shall pay a fee of 13,692
fifty dollars. 13,693
(4) A person issued a permit for a scrap tire monocell or 13,695
monofill facility under section 3734.77 of the Revised Code shall 13,696
pay a fee of ten dollars per thousand cubic yards of disposal 13,697
capacity or one thousand dollars, whichever is greater, except 13,698
that the total fee for any such permit shall not exceed eighty 13,699
thousand dollars. 13,700
(5) A person issued a registration certificate for a scrap 13,702
tire recovery facility under section 3734.78 of the Revised Code 13,703
shall pay a fee of one hundred dollars. 13,704
(6) A person issued a permit for a scrap tire recovery 13,706
facility under section 3734.78 of the Revised Code shall pay a 13,707
fee of one thousand dollars. 13,708
(7) In addition to the applicable registration certificate 13,710
or permit fee under divisions (R)(1) to (6) of this section, a 13,711
person issued a registration certificate or permit for any such 13,712
scrap tire facility who fails to pay the registration certificate 13,713
or permit fee to the director in compliance with division (V) of 13,714
this section shall pay an additional ten per cent of the amount 13,715
of the fee for each week that the fee is late. 13,716
(8) The registration certificate, permit, and late payment 13,718
fees paid to the director under divisions (R)(1) to (7) of this 13,719
section shall be credited to the scrap tire management fund 13,720
created in section 3734.82 of the Revised Code. 13,721
(S)(1) Except as provided by divisions (L), (M), (N), (O), 13,723
(P), and (S)(2) of this section, division (A)(2) of section 13,724
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 13,725
and rules adopted under division (T)(1) of this section, any 13,726
person applying for a registration certificate under section 13,727
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 13,728
variance, or plan approval under Chapter 3734. of the Revised 13,729
Code shall pay a nonrefundable fee of fifteen dollars at the time 13,730
the application is submitted, and any. 13,731
319
EXCEPT AS OTHERWISE PROVIDED, ANY person applying for a 13,733
permit, variance, or plan approval under Chapter 6109. or 6111. 13,734
of the Revised Code shall pay a nonrefundable fee of one hundred 13,735
dollars at the time the application is submitted through June 30, 13,736
2000 2002, and a nonrefundable fee of fifteen dollars at the time 13,738
the application is submitted on and after July 1, 2000 2002. 13,739
THROUGH JUNE 30, 2002, ANY PERSON APPLYING FOR A NATIONAL 13,740
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UNDER CHAPTER 6111. 13,742
OF THE REVISED CODE SHALL PAY A NONREFUNDABLE FEE OF TWO HUNDRED 13,744
DOLLARS AT THE TIME OF APPLICATION FOR THE PERMIT. ON AND AFTER 13,745
JULY 1, 2002, SUCH A PERSON SHALL PAY A NONREFUNDABLE FEE OF 13,746
FIFTEEN DOLLARS AT THE TIME OF APPLICATION. 13,747
The director shall transmit all moneys collected under 13,749
division (S)(1) of this section pursuant to Chapter 6109. of the 13,750
Revised Code to the treasurer of state for deposit into the 13,751
drinking water protection fund created in section 6109.30 of the 13,752
Revised Code.
The director shall transmit all moneys collected under 13,754
division (S)(1) of this section pursuant to Chapter 6111. of the 13,755
Revised Code to the treasurer of state for deposit into the 13,756
surface water protection fund created in section 6111.038 of the 13,757
Revised Code.
If a registration certificate is issued under section 13,759
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 13,760
the application fee paid shall be deducted from the amount of the 13,761
registration certificate fee due under division (R)(1), (2), or 13,762
(5) of this section, as applicable. 13,763
(2) Division (S)(1) of this section does not apply to an 13,765
application for a registration certificate for a scrap tire 13,766
collection or storage facility submitted under section 3734.75 or 13,767
3734.76 of the Revised Code, as applicable, if the owner or 13,768
operator of the facility or proposed facility is a motor vehicle 13,769
salvage dealer licensed under Chapter 4738. of the Revised Code. 13,770
(T) The director may adopt, amend, and rescind rules in 13,772
320
accordance with Chapter 119. of the Revised Code that do all of 13,773
the following: 13,774
(1) Prescribe fees to be paid by applicants for and 13,776
holders of any license, permit, variance, plan approval, or 13,777
certification required or authorized by Chapter 3704., 3734., 13,778
6109., or 6111. of the Revised Code that are not specifically 13,779
established in this section. The fees shall be designed to 13,780
defray the cost of processing, issuing, revoking, modifying, 13,781
denying, and enforcing the licenses, permits, variances, plan 13,782
approvals, and certifications. 13,783
The director shall transmit all moneys collected under 13,785
rules adopted under division (T)(1) of this section pursuant to 13,786
Chapter 6109. of the Revised Code to the treasurer of state for 13,787
deposit into the drinking water protection fund created in 13,788
section 6109.30 of the Revised Code. 13,789
The director shall transmit all moneys collected under 13,791
rules adopted under division (T)(1) of this section pursuant to 13,792
Chapter 6111. of the Revised Code to the treasurer of state for 13,793
deposit into the surface water protection fund created in section 13,794
6111.038 of the Revised Code. 13,795
(2) Exempt the state and political subdivisions thereof, 13,797
including education facilities or medical facilities owned by the 13,798
state or a political subdivision, or any person exempted from 13,799
taxation by section 5709.07 or 5709.12 of the Revised Code, from 13,800
any fee required by this section; 13,801
(3) Provide for the waiver of any fee, or any part 13,803
thereof, otherwise required by this section whenever the director 13,804
determines that the imposition of the fee would constitute an 13,805
unreasonable cost of doing business for any applicant, class of 13,806
applicants, or other person subject to the fee; 13,807
(4) Prescribe measures that the director considers 13,809
necessary to carry out this section. 13,810
(U) When the director reasonably demonstrates that the 13,812
direct cost to the state associated with the issuance of a permit 13,813
321
to install, license, variance, plan approval, or certification 13,814
exceeds the fee for the issuance or review specified by this 13,815
section, the director may condition the issuance or review on the 13,816
payment by the person receiving the issuance or review of, in 13,817
addition to the fee specified by this section, the amount, or any 13,818
portion thereof, in excess of the fee specified under this 13,819
section. The director shall not so condition issuances for which 13,820
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 13,821
section. 13,822
(V) Except as provided in divisions (L), (M), and (P) of 13,824
this section or unless otherwise prescribed by a rule of the 13,825
director adopted pursuant to Chapter 119. of the Revised Code, 13,826
all fees required by this section are payable within thirty days 13,827
after the issuance of an invoice for the fee by the director or 13,828
the effective date of the issuance of the license, permit, 13,829
variance, plan approval, or certification. If payment is late, 13,830
the person responsible for payment of the fee shall pay an 13,831
additional ten per cent of the amount due for each month that it 13,832
is late. 13,833
(W) As used in this section, "fuel-burning equipment," 13,835
"fuel-burning equipment input capacity," "incinerator," 13,836
"incinerator input capacity," "process," "process weight rate," 13,837
"storage tank," "gasoline dispensing facility," "dry cleaning 13,838
facility," "design flow discharge," and "new source treatment 13,839
works" have the meanings ascribed to those terms by applicable 13,840
rules or standards adopted by the director under Chapter 3704. or 13,841
6111. of the Revised Code. 13,842
(X) As used in divisions (B), (C), (D), (E), (F), (H), 13,844
(I), and (J) of this section, and in any other provision of this 13,845
section pertaining to fees paid pursuant to Chapter 3704. of the 13,846
Revised Code: 13,847
(1) "Facility," "federal Clean Air Act," "person," and 13,849
"Title V permit" have the same meanings as in section 3704.01 of 13,850
the Revised Code. 13,851
322
(2) "Title V permit program" means the following 13,853
activities as necessary to meet the requirements of Title V of 13,854
the federal Clean Air Act and 40 C.F.R. part 70, including at 13,855
least: 13,856
(a) Preparing and adopting, if applicable, generally 13,858
applicable rules or guidance regarding the permit program or its 13,859
implementation or enforcement; 13,860
(b) Reviewing and acting on any application for a Title V 13,862
permit, permit revision, or permit renewal, including the 13,863
development of an applicable requirement as part of the 13,864
processing of a permit, permit revision, or permit renewal; 13,865
(c) Administering the permit program, including the 13,867
supporting and tracking of permit applications, compliance 13,868
certification, and related data entry; 13,869
(d) Determining which sources are subject to the program 13,871
and implementing and enforcing the terms of any Title V permit, 13,872
not including any court actions or other formal enforcement 13,873
actions; 13,874
(e) Emission and ambient monitoring; 13,876
(f) Modeling, analyses, or demonstrations; 13,878
(g) Preparing inventories and tracking emissions; 13,880
(h) Providing direct and indirect support to small 13,882
business stationary sources to determine and meet their 13,883
obligations under the federal Clean Air Act pursuant to the small 13,884
business stationary source technical and environmental compliance 13,885
assistance program required by section 507 of that act and 13,886
established in sections 3704.18, 3704.19, and 3706.19 of the 13,887
Revised Code. 13,888
Sec. 3748.07. (A) Every facility that proposes to handle 13,898
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its handler is 13,900
required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or 13,901
registration. Terms and conditions of licenses and certificates 13,902
323
of registration may be amended in accordance with rules adopted 13,903
under section 3748.04 of the Revised Code or orders issued by the 13,904
director pursuant to section 3748.05 of the Revised Code. 13,905
(B) Until rules are adopted under section 3748.04 of the 13,907
Revised Code, an application for a certificate of registration 13,909
shall be accompanied by a biennial registration fee of one
hundred fifty SIXTY dollars. On and after the effective date of 13,911
those rules, an applicant for a license, registration
certificate, or renewal of either shall pay the appropriate fee 13,912
established in those rules.
All fees collected under this section shall be deposited in 13,914
the state treasury to the credit of the general operations fund 13,915
created in section 3701.83 of the Revised Code. The fees shall 13,917
be used solely to administer and enforce this chapter and rules
adopted under it. 13,918
Any fee required under this section that has not been paid 13,920
within ninety days after the invoice date shall be assessed at 13,921
two times the original invoiced fee. Any fee that has not been 13,922
paid within one hundred eighty days after the invoice date shall 13,924
be assessed at five times the original invoiced fee. 13,925
(C) The director shall grant a license or registration to 13,927
any applicant who has paid the required fee and is in compliance 13,928
with this chapter and rules adopted under it. 13,930
Until rules are adopted under section 3748.04 of the 13,932
Revised Code, certificates of registration shall be effective for 13,934
two years from the date of issuance. On and after the effective 13,935
date of those rules, licenses and certificates of registration 13,936
shall be effective for the applicable period established in those 13,937
rules. Licenses and certificates of registration shall be 13,938
renewed in accordance with the standard renewal procedure 13,939
established in Chapter 4745. of the Revised Code. 13,940
Sec. 3748.13. (A) The director of health shall inspect 13,949
sources of radiation for which licensure or registration by the 13,950
handler is required, and the sources' shielding and surroundings, 13,952
324
according to the schedule established in rules adopted under 13,953
division (D) of section 3748.04 of the Revised Code. In 13,954
accordance with rules adopted under that section, the director 13,955
shall inspect all records and operating procedures of handlers 13,957
that install sources of radiation and all sources of radiation 13,959
for which licensure of radioactive material or registration of 13,960
radiation-generating equipment by the handler is required. The 13,961
director may make other inspections upon receiving complaints or 13,962
other evidence of violation of this chapter or rules adopted 13,963
under it.
The director shall require any hospital registered under 13,966
division (A) of section 3701.07 of the Revised Code to develop 13,967
and maintain a quality assurance program for all sources of 13,968
radiation-generating equipment. A certified radiation expert 13,969
shall conduct oversight and maintenance of the program and shall 13,970
file a report of audits of the program with the director on forms 13,971
prescribed by the director. The audit reports shall become part 13,972
of the inspection record.
(B) Until rules are adopted under division (A)(8) of 13,974
section 3748.04 of the Revised Code, a facility shall pay 13,976
inspection fees according to the following schedule and 13,977
categories:
First dental x-ray tube, 13,979
gauging x-ray tube, or
analytical x-ray equipment 13,980
used in nonhealth care
applications $80.00 94.00 13,981
Each additional dental x-ray 13,982
tube, cabinet x-ray tube,
gauging x-ray tube, or 13,983
analytical x-ray equipment
used in nonhealth care
applications at the same 13,985
location $40.00 47.00 13,986
325
First MEDICAL x-ray tube other 13,987
than dental, cabinet, or
gauging, or analytical x-ray 13,989
equipment used in nonhealth
care applications $160.00 187.00 13,990
Each additional MEDICAL x-ray 13,991
tube other than dental,
cabinet, or gauging, or 13,992
analytical x-ray equipment 13,993
used in nonhealth care
applications at the same
location $80.00 94.00 13,995
Each unit of ionizing 13,996
radiation-generating equipment
capable of operating at or 13,997
above 250 kilovoltage peak $320.00 373.00 13,998
First nonionizing 13,999
radiation-generating equipment
of any kind $160.00 187.00 14,000
Each additional nonionizing 14,001
radiation-generating equipment 14,002
of any kind at the same 14,003
location $80.00 94.00 14,004
Amount of radioactive material 14,005
licensed or amount on hand at
the time of inspection, 14,007
whichever is greater:
less than 100 microcuries $100.00 14,010
100 microcuries or more, but 14,011
less than one millicurie $150.00 14,012
one millicurie or more, but 14,013
less than 100 millicuries $200.00 14,014
100 millicuries or more $400.00 14,015
326
Test of a sealed source for 14,016
leakage of radioactive
material $ 80.00 14,017
Assembler-maintainer 14,018
inspection consisting of an
inspection of records and 14,019
operating procedures of
handlers that install sources
of radiation $200.00 233.00 14,020
Until rules are adopted under division (A)(8) of section 14,023
3748.04 of the Revised Code, the fee for an inspection to 14,024
determine whether violations cited in a previous inspection have 14,026
been corrected is fifty per cent of the fee applicable under the 14,027
schedule in this division. Until those rules are adopted, the 14,028
fee for the inspection of a facility that is not licensed or 14,029
registered and for which no license or registration application 14,030
is pending at the time of inspection is two hundred fifty NINETY 14,032
dollars plus the fee applicable under the schedule in this 14,033
division.
The director may conduct a review of shielding plans or the 14,036
adequacy of shielding on the request of a licensee or registrant 14,037
or an applicant for licensure or registration or during an 14,038
inspection when the director considers a review to be necessary. 14,039
Until rules are adopted under division (A)(8) of section 3748.04 14,040
of the Revised Code, the fee for the review is four hundred 14,041
SIXTY-SIX dollars for each room where a source of radiation is 14,042
used and is in addition to any other fee applicable under the 14,043
schedule in this division.
All fees shall be paid to the department of health no later 14,045
than thirty days after the invoice for the fee is mailed. Fees 14,046
shall be deposited in the general operations fund created in 14,047
section 3701.83 of the Revised Code. The fees shall be used 14,048
solely to administer and enforce this chapter and rules adopted 14,049
under it.
327
Any fee required under this section that has not been paid 14,051
within ninety days after the invoice date shall be assessed at 14,052
two times the original invoiced fee. Any fee that has not been 14,053
paid within one hundred eighty days after the invoice date shall 14,054
be assessed at five times the original invoiced fee. 14,055
(C) If the director determines that a board of health of a 14,058
city or general health district is qualified to conduct 14,059
inspections of radiation-generating equipment, the director may 14,060
delegate to the board, by contract, the authority to conduct such 14,061
inspections. In making a determination of the qualifications of 14,062
a board of health to conduct those inspections, the director 14,063
shall evaluate the credentials of the individuals who are to 14,064
conduct the inspections of radiation-generating equipment and the 14,065
radiation detection and measuring equipment available to them for 14,066
that purpose. If a contract is entered into, the board shall 14,067
have the same authority to make inspections of 14,068
radiation-generating equipment as the director has under this 14,069
chapter and rules adopted under it. The contract shall stipulate 14,070
that only individuals approved by the director as qualified shall 14,071
be permitted to inspect radiation-generating equipment under the 14,072
contract's provisions. The contract shall provide for such 14,073
compensation for services as is agreed to by the director and the 14,074
board of health of the contracting health district. The director 14,075
may reevaluate the credentials of the inspection personnel and 14,076
their radiation detecting and measuring equipment as often as the 14,077
director considers necessary and may terminate any contract with 14,078
the board of health of any health district that, in the 14,079
director's opinion, is not satisfactorily performing the terms of 14,080
the contract.
(D) The director may enter at all reasonable times upon 14,082
any public or private property to determine compliance with this 14,083
chapter and rules adopted under it. 14,084
Sec. 3750.02. (A) There is hereby created the emergency 14,093
response commission consisting of the directors of environmental 14,094
328
protection and health, the chairpersons of the public utilities 14,096
commission, industrial commission, and state and local government 14,098
commission, the fire marshal, the director of public safety, the 14,099
administrator of the bureau of employment services, and the 14,100
attorney general as members ex officio, or their designees; 14,101
notwithstanding section 101.26 of the Revised Code, the 14,102
chairpersons of the respective standing committees of the senate 14,103
and house of representatives that are primarily responsible for 14,104
considering environmental issues who may participate fully in all 14,105
the commission's deliberations and activities, except that they 14,106
shall serve as nonvoting members; and ten members to be appointed 14,107
by the governor with the advice and consent of the senate. The 14,108
appointed members, to the extent practicable, shall have 14,109
technical expertise in the field of emergency response. Of the 14,110
appointed members, two shall represent environmental advocacy 14,111
organizations, one shall represent the interests of petroleum 14,112
refiners or marketers or chemical manufacturers, one shall 14,113
represent the interests of another industry subject to this 14,114
chapter, one shall represent the interests of municipal 14,115
corporations, one shall represent the interests of counties, one 14,116
shall represent the interests of chiefs of fire departments, one 14,117
shall represent the interests of professional fire fighters 14,118
FIREFIGHTERS, one shall represent the interests of volunteer fire 14,120
fighters FIREFIGHTERS, and one shall represent the interests of 14,122
local emergency management agencies. 14,123
An appointed member of the commission also may serve as a 14,126
member of the local emergency planning committee of an emergency 14,127
planning district. An appointed member of the commission who is 14,128
also a member of a local emergency planning committee shall not 14,129
participate as a member of the commission in the appointment of 14,130
members of the local emergency planning committee of which the 14,131
member is a member, in the review of the chemical emergency 14,133
response and preparedness plan submitted by the local emergency 14,134
planning committee of which the member is a member, in any vote 14,135
329
to approve a grant to the member's district, nor OR in any vote 14,137
of the commission on any motion or resolution pertaining 14,139
specifically to the member's district or the local emergency 14,141
planning committee on which the member serves. A commission 14,143
member who is also a member of a local emergency planning 14,144
committee shall not lobby or otherwise act as an advocate for the 14,145
member's district to other members of the commission to obtain 14,147
from the commission anything of value for the member's district 14,148
or the local emergency planning committee of which the member is 14,149
a member. A member of the commission who is also a member of a 14,151
local emergency planning committee may vote on resolutions of the 14,152
commission that apply uniformly to all local emergency planning 14,153
committees and districts in the state and do not provide a grant 14,154
or other pecuniary benefit to the member's district or the 14,155
committee of which the member is a member. 14,157
The governor shall make the initial appointments to the 14,159
commission within thirty days after December 14, 1988. Of the 14,161
initial appointments to the commission, five shall be for a term 14,164
of two years and five shall be for a term of one year. 14,165
Thereafter, terms of office of the appointed members of the 14,166
commission shall be for two years, with each term ending on the 14,167
same day of the same month as did the term that it succeeds. 14,168
Each member shall hold office from the date of appointment until 14,169
the end of the term for which the member was appointed. Members 14,171
may be reappointed. Vacancies shall be filled in the manner 14,172
provided for original appointments. Any member appointed to fill 14,173
a vacancy occurring prior to the expiration of the term for which 14,174
the member's predecessor was appointed shall hold office for the 14,176
remainder of that term. A member shall continue in office 14,177
subsequent to the expiration date of the member's term until the 14,179
member's successor takes office or until a period of sixty days 14,180
has elapsed, whichever occurs first. The commission may at any 14,181
time by a vote of two-thirds of all the members remove any 14,182
appointed member of the commission for misfeasance, nonfeasance, 14,183
330
or malfeasance. Members of the commission shall serve without 14,184
compensation, but shall be reimbursed for the reasonable expenses 14,185
incurred by them in the discharge of their duties as members of 14,186
the commission. 14,187
The commission shall meet at least annually and shall hold 14,189
such additional meetings as are necessary to implement and 14,190
administer this chapter. Additional meetings may be held at the 14,191
behest of either a co-chairperson or a majority of the members. 14,193
The commission shall, by adoption of internal management rules 14,194
under division (B)(9) of this section, establish an executive 14,195
committee and delegate to it the performance of such of the 14,196
commission's duties and powers under this chapter as are required 14,197
or authorized to be so delegated by that division. The 14,198
commission may organize itself into such additional committees as 14,199
it considers necessary or convenient to implement and administer 14,200
this chapter. The director of environmental protection and the 14,202
director of public safety or their designees shall serve as 14,203
co-chairpersons of the commission and the executive committee. 14,204
Except as otherwise provided in this chapter, a majority of the 14,205
voting members of the commission constitutes a quorum and the 14,206
affirmative vote of a majority of the voting members of the 14,207
commission is necessary for any action taken by the commission. 14,208
Meetings of the executive committee conducted for the purpose of 14,209
determining whether to issue an enforcement order or request that 14,210
a civil action, civil penalty action, or criminal action be 14,211
brought to enforce this chapter or rules adopted or orders issued 14,212
under it are not subject to section 121.22 of the Revised Code 14,213
pursuant to division (D) of that section. 14,214
Except for the purposes of Chapters 102. and 2921. and 14,216
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 14,217
as an appointed member of the commission does not constitute 14,218
holding a public office or position of employment under the laws 14,219
of this state and does not constitute grounds for removal of 14,220
public officers or employees from their offices or positions of 14,221
331
employment. 14,222
(B) The commission shall: 14,224
(1) Adopt rules in accordance with Chapter 119. of the 14,226
Revised Code that are consistent with and equivalent in scope, 14,227
content, and coverage to the "Emergency Planning and Community 14,228
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 14,229
and applicable regulations adopted under it: 14,230
(a) Identifying or listing extremely hazardous substances 14,232
and establishing a threshold planning quantity for each such 14,233
substance. To the extent consistent with that act and applicable 14,234
regulations adopted under it, the rules may establish threshold 14,235
planning quantities based upon classes of those substances or 14,236
categories of facilities at which such substances are present. 14,237
(b) Listing hazardous chemicals, establishing threshold 14,239
quantities for those chemicals, establishing categories of health 14,240
and physical hazards of those chemicals, establishing criteria or 14,241
procedures for identifying those chemicals and the appropriate 14,242
hazard categories of those chemicals, and establishing ranges of 14,243
quantities for those chemicals to be used in preparing emergency 14,244
and hazardous chemical inventory forms under section 3750.08 of 14,245
the Revised Code. To the extent consistent with that act and 14,246
applicable regulations adopted under it, the rules may establish 14,247
threshold quantities based upon classes of those chemicals or 14,248
categories of facilities where those chemicals are present. 14,249
To the extent consistent with that act, the threshold 14,251
quantities for purposes of the submission of lists of hazardous 14,252
chemicals under section 3750.07 and the submission of emergency 14,253
and hazardous chemical inventory forms under section 3750.08 of 14,254
the Revised Code may differ. 14,255
(c) Identifying or listing hazardous substances and 14,257
establishing reportable quantities of each of those substances 14,258
and each extremely hazardous substance. In addition to being 14,259
consistent with and equivalent in scope, content, and coverage to 14,260
that act and applicable regulations adopted under it, the rules 14,261
332
shall be consistent with and equivalent in scope, content, and 14,262
coverage to regulations identifying or listing hazardous 14,263
substances and reportable quantities of those substances adopted 14,264
under the "Comprehensive Environmental Response, Compensation, 14,265
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 14,266
amended. 14,267
(d) Prescribing the information to be included in the 14,269
lists of hazardous chemicals required to be submitted under 14,270
section 3750.07 of the Revised Code; 14,271
(e) Prescribing the information to be included in the 14,273
emergency and hazardous chemical inventory forms required to be 14,274
submitted under section 3750.08 of the Revised Code. If the 14,275
commission establishes its own emergency and hazardous chemical 14,276
inventory form, the rules shall authorize owners and operators of 14,277
facilities who also have one or more facilities located outside 14,278
the state for which they are required to submit inventory forms 14,279
under the federal act and regulations adopted under it to submit 14,280
their annual inventories on forms prescribed by the administrator 14,281
of the United States environmental protection agency under that 14,282
act instead of on forms prescribed by the commission and shall 14,283
require those owners or operators to submit any additional 14,284
information required by the commission's inventory form on an 14,285
attachment to the federal form. 14,286
(f) Establishing procedures for giving verbal notice of 14,288
releases under section 3750.06 of the Revised Code and 14,289
prescribing the information to be provided in such a notice and 14,290
in the follow-up written notice required by that section; 14,291
(g) Establishing standards for determining valid needs for 14,293
the release of tier II information under division (B)(4) of 14,294
section 3750.10 of the Revised Code; 14,295
(h) Identifying the types or categories of information 14,297
submitted or obtained under this chapter and rules adopted under 14,298
it that constitute confidential business information; 14,299
(i) Establishing criteria and procedures to protect trade 14,301
333
secret and confidential business information from unauthorized 14,302
disclosure; 14,303
(j) Establishing other requirements or authorizations that 14,305
the commission considers necessary or appropriate to implement, 14,306
administer, and enforce this chapter. 14,307
(2) Adopt rules in accordance with Chapter 119. of the 14,309
Revised Code to implement and administer this chapter that may be 14,310
more stringent than the "Emergency Planning and Community 14,311
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 14,312
and regulations adopted under it. Rules adopted under this 14,313
division (B)(2) OF THIS SECTION shall not be inconsistent with 14,314
that act or the regulations adopted under it. The rules shall: 14,316
(a) Prescribe the information to be included in the 14,318
chemical emergency response and preparedness plans prepared and 14,319
submitted by local emergency planning committees under section 14,320
3750.04 of the Revised Code; 14,321
(b) Establish criteria and procedures for reviewing the 14,323
chemical emergency response and preparedness plans of local 14,324
emergency planning committees required by section 3750.04 of the 14,325
Revised Code and the annual exercise of those plans and for 14,326
providing concurrence or requesting modifications in the plans 14,327
and the exercise of those plans. The criteria shall include, 14,328
without limitation, the requirement that each exercise of a 14,329
committee's plan involve, in addition to local emergency response 14,330
and medical personnel, either a facility that is subject to the 14,331
plan or a transporter of materials that are identified or listed 14,332
as hazardous materials by regulations adopted under the 14,333
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 14,334
49 U.S.C.A. 1801, as amended. 14,335
(c) Establish policies and procedures for maintaining 14,337
information submitted to the commission and local emergency 14,338
planning committees under this chapter, and for receiving and 14,339
fulfilling requests from the public for access to review and to 14,340
obtain copies of that information. The criteria and procedures 14,341
334
shall include the following requirements and authorizations 14,342
regarding that information and access to it: 14,343
(i) Information that is protected as trade secret 14,345
information or confidential business information under this 14,346
chapter and rules adopted under it shall be kept in files that 14,347
are separate from those containing information that is not so 14,348
protected;. 14,349
(ii) The original copies of information submitted to the 14,351
commission or committee shall not be removed from the custody and 14,352
control of the commission or committee;. 14,353
(iii) A person who, either in person or by mail, requests 14,355
to obtain a copy of a material safety data sheet submitted under 14,356
this chapter by a facility owner or operator shall submit a 14,357
separate application for each facility for which a material 14,358
safety data sheet is being requested;. 14,359
(iv) A person who requests to receive by mail a copy of 14,361
information submitted under this chapter by a facility owner or 14,362
operator shall submit a separate application for each facility 14,363
for which information is being requested, and shall specify both 14,364
the facility for which information is being requested and the 14,365
particular types of documents requested;. 14,366
(v) Only employees of the commission or committee shall 14,368
copy information in the files of the commission or committee;. 14,369
(vi) The commission or committee may require any person 14,371
who requests to review or obtain a copy of information in its 14,372
files to schedule an appointment for that purpose with the 14,373
information coordinator of the commission or committee at least 14,374
twenty-four hours before arriving at the office of the commission 14,375
or committee for the review or copy. 14,376
(vii) Any person who seeks access to information in the 14,378
files of the commission or a local emergency planning committee 14,379
shall submit a written application, either in person or by mail, 14,380
to the information coordinator on a form provided by the 14,381
commission or committee. The person also shall provide the 14,382
335
person's name and current mailing address on the application and 14,384
may be requested by the commission or committee to provide basic 14,385
demographic information on the form to assist in the evaluation 14,386
of the information access provisions of this chapter and rules 14,387
adopted under it. Application forms may be obtained by mail or 14,388
in person or by request by telephone at the office of the 14,389
commission or committee during regular business hours. Upon 14,390
receipt of a request for an application by telephone or mail, the 14,391
information coordinator shall promptly mail an application to the 14,392
person who requested it. 14,393
(viii) The application form shall provide the applicant 14,395
with a means of indicating that the applicant's name and address 14,397
are to be kept confidential. If the applicant so indicates, that 14,398
information is not a public record under section 149.43 of the 14,399
Revised Code and shall not be disclosed to any person who is not 14,400
a member or employee of the commission or committee or an 14,401
employee of the environmental protection agency. When a name and 14,402
address are to be kept confidential, they also shall be deleted 14,403
from the copy of the application required to be placed in the 14,404
file of the facility under division (B)(2)(c)(xii) of this 14,405
section and shall be withheld from any log of information 14,406
requests kept by the commission or committee pursuant to that 14,407
division. 14,408
(ix) Neither the commission nor a local emergency planning 14,410
committee shall charge any fee for access to review information 14,411
in its files when no copies or computer searches of that 14,412
information are requested;. 14,413
(x) An applicant shall be informed of the cost of copying, 14,415
mailing, or conducting a computer search of information on file 14,416
with the commission or committee before such a copy or search is 14,417
made, and the commission or committee shall collect the 14,418
appropriate fees as established under section 3750.13 of the 14,419
Revised Code. Each applicant shall acknowledge on the 14,420
application form that the applicant is aware that the applicant 14,422
336
will be charged for copies and computer searches of that 14,423
information the applicant requests and for the costs of mailing 14,425
copies of the information to the applicant.
(xi) The commission or committee may require a person 14,427
requesting copies of information on file with it to take delivery 14,428
of them in the office of the commission or committee whenever it 14,429
considers the volume of the information to be large enough to 14,430
make mailing or delivery by a parcel or package delivery service 14,431
impractical;. 14,432
(xii) When the commission or committee receives a request 14,434
for access to review or obtain copies of information in its 14,435
files, it shall not routinely notify the owner or operator of the 14,436
facility involved, but instead shall either keep a log or file of 14,437
requests for the information or shall place a copy of each 14,438
completed application form in the file for the facility to which 14,439
the application pertains. Such a log or file shall be available 14,440
for review by the public and by the owners and operators of 14,441
facilities required to submit information to the commission or 14,442
committee under this chapter and rules adopted under it. 14,443
(d) Require that claims for the protection, as a trade 14,445
secret, of information obtained under this chapter regarding 14,446
extremely hazardous substances identified or listed in rules 14,447
adopted under division (B)(1)(a) of this section and hazardous 14,448
chemicals identified or listed in rules adopted under division 14,449
(B)(1)(b) of this section be submitted to the administrator of 14,450
the United States environmental protection agency for 14,451
determination under section 322 of the "Emergency Planning and 14,452
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 14,453
11042, and regulations adopted under that section; 14,454
(e) Establish criteria and procedures for the issuance of 14,456
variances under divisions (B) and (C) of section 3750.11 of the 14,457
Revised Code. The rules shall require that, before approval of 14,458
an application for a variance, the commission or committee find 14,459
by a preponderance of the scientific evidence based upon 14,460
337
generally accepted scientific principles or laboratory tests that 14,461
the extremely hazardous substances, hazardous chemicals, or 14,462
hazardous substances that would be subject to the reporting 14,463
requirement pose a substantial risk of catastrophic injury to 14,464
public health or safety or to the environment, or pose an 14,465
extraordinary risk of injury to emergency management personnel 14,466
responding to a release of the chemicals or substances, when the 14,467
substances or chemicals are present at a facility in an amount 14,468
equal to or exceeding the quantity for which reporting would be 14,469
required under the reporting requirement for which the variance 14,470
is sought. The rules shall also require that before approval of 14,471
an application for a variance, the commission or committee find 14,472
by a preponderance of the evidence that the development and 14,473
implementation of a local emergency response plan for releases of 14,474
the substances or chemicals covered by the reporting requirement 14,475
will reduce the risk of catastrophic injury to public health or 14,476
safety or to the environment, or will reduce the extraordinary 14,477
risk of injury to responding emergency management personnel, in 14,478
the event of a release of the substances or chemicals and find by 14,479
a preponderance of the evidence that the reporting requirement is 14,480
necessary for the development of such a local emergency response 14,481
plan. The rules shall require that when determining whether the 14,482
substances or chemicals that would be subject to the reporting 14,483
requirement pose a substantial risk of catastrophic injury to 14,484
public health or safety or to the environment, or pose an 14,485
extraordinary risk of injury to emergency management personnel 14,486
responding to a release of the substance or chemical, the 14,487
commission or committee consider all of the following factors: 14,488
(i) The specific characteristics and degree and nature of 14,490
the hazards posed by a release of the extremely hazardous 14,491
substances, hazardous chemicals, or hazardous substances; 14,492
(ii) The proximity of the facilities that would be subject 14,494
to the reporting requirement to residential areas, to areas where 14,495
significantly large numbers of people are employed or otherwise 14,496
338
congregate, and to environmental resources that are subject to 14,497
injury; 14,498
(iii) The quantities of the extremely hazardous 14,500
substances, hazardous chemicals, or hazardous substances that are 14,501
routinely present at facilities that would be subject to the 14,502
reporting requirement; 14,503
(iv) The frequency with which the extremely hazardous 14,505
substances, hazardous chemicals, or hazardous substances are 14,506
present at the facilities that would be subject to the reporting 14,507
requirement in quantities for which reporting would be required 14,508
thereunder. 14,509
(f) Establish criteria and procedures for the issuance of 14,511
orders under division (D) of section 3750.11 of the Revised Code 14,512
requiring the placement of emergency response lock box units. 14,513
The rules shall require that before approval of an application 14,514
for issuance of such an order, the commission or committee find 14,515
by a preponderance of the scientific evidence based upon 14,516
generally accepted scientific principles or laboratory tests that 14,517
the presence of the extremely hazardous substances, hazardous 14,518
chemicals, or hazardous substances in the quantities in which 14,519
they are routinely or intermittently present at the facility for 14,520
which the order is sought pose a substantial risk of catastrophic 14,521
injury to public health or safety or to the environment, or pose 14,522
an extraordinary risk of injury to responding emergency 14,523
management personnel, in the event of a release of any of those 14,524
substances or chemicals from the facility. The rules shall 14,525
require that before approval of an application for issuance of 14,526
such an order, the commission or committee also find by a 14,527
preponderance of the evidence that the placement of an emergency 14,528
response lock box unit at the facility is necessary to protect 14,529
against the substantial risk of catastrophic injury to public 14,530
health or safety or the environment, or to protect against an 14,531
extraordinary risk of injury to responding emergency management 14,532
personnel, in the event of a release of any of the extremely 14,533
339
hazardous substances, hazardous chemicals, or hazardous 14,534
substances routinely or intermittently present at the facility. 14,535
The rules shall require that when determining whether the 14,536
extremely hazardous substances, hazardous chemicals, or hazardous 14,537
substances present at the facility pose a substantial risk of 14,538
catastrophic injury to public health or safety or to the 14,539
environment, or pose an extraordinary risk of injury to 14,540
responding emergency management personnel, in the event of a 14,541
release of any of those substances or chemicals from the 14,542
facility, the commission or committee consider all of the 14,543
following factors: 14,544
(i) The specific characteristics and the degree and nature 14,546
of the hazards posed by a release of the extremely hazardous 14,547
substances, hazardous chemicals, or hazardous substances present 14,548
at the facility; 14,549
(ii) The proximity of the facility to residential areas, 14,551
to areas where significantly large numbers of people are employed 14,552
or otherwise congregate, and to environmental resources that are 14,553
subject to injury; 14,554
(iii) The quantities of the extremely hazardous 14,556
substances, hazardous chemicals, or hazardous substances that are 14,557
routinely present at the facility; 14,558
(iv) The frequency with which the extremely hazardous 14,560
substances, hazardous chemicals, or hazardous substances are 14,561
present at the facility. 14,562
(g) Establish procedures to be followed by the commission 14,564
and the executive committee of the commission for the issuance of 14,565
orders under this chapter. 14,566
(3) In accordance with Chapter 119. of the Revised Code 14,568
adopt rules establishing reportable quantities for releases of 14,569
oil that are consistent with and equivalent in scope, content, 14,570
and coverage to section 311 of the "Federal Water Pollution 14,571
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 14,572
as amended, and applicable regulations adopted under it.; 14,573
340
(4) Adopt rules in accordance with Chapter 119. of the 14,575
Revised Code establishing criteria and procedures for identifying 14,576
or listing extremely hazardous substances in addition to those 14,577
identified or listed in rules adopted under division (B)(1)(a) of 14,578
this section and for establishing threshold planning quantities 14,579
and reportable quantities for the added extremely hazardous 14,580
substances; for identifying or listing hazardous chemicals in 14,581
addition to those identified or listed in rules adopted under 14,582
division (B)(1)(b) of this section and for establishing threshold 14,583
quantities and categories of health and physical hazards for the 14,584
added hazardous chemicals; and for identifying or listing 14,585
hazardous substances in addition to those identified or listed in 14,586
rules adopted under division (B)(1)(c) OF THIS SECTION and for 14,587
establishing reportable quantities for the added hazardous 14,589
substances. The criteria for identifying or listing additional 14,590
extremely hazardous substances and establishing threshold 14,591
planning quantities and reportable quantities therefor and for 14,592
identifying or listing additional hazardous chemicals and 14,593
establishing threshold quantities and categories of health and 14,594
physical hazards for the added hazardous chemicals shall be 14,595
consistent with and equivalent to applicable criteria therefor 14,596
under the "Emergency Planning and Community Right-To-Know Act of 14,597
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 14,598
under it. The criteria for identifying additional hazardous 14,599
substances and for establishing reportable quantities of the 14,600
added hazardous substances shall be consistent with and 14,601
equivalent to the applicable criteria for identifying or listing 14,602
hazardous substances and establishing reportable quantities 14,603
therefor under the "Comprehensive Environmental Response, 14,604
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 14,605
U.S.C.A. 9602, as amended, and regulations adopted under it. The 14,606
THE rules shall require that, before identifying or listing 14,609
any such additional extremely hazardous substance, hazardous 14,610
chemical, or hazardous substance and establishing a threshold 14,611
341
planning quantity, threshold quantity, or reportable quantity 14,612
therefor, the commission find by a preponderance of the 14,613
scientific evidence based on generally accepted scientific 14,614
principles or laboratory tests that the substance or chemical 14,615
poses a substantial risk of catastrophic injury to public health 14,616
or safety or to the environment, or poses an extraordinary risk 14,617
of injury to emergency management personnel responding to a 14,618
release of the chemical or substance, when the chemical or 14,619
substance is present at a facility in an amount equal to the 14,620
proposed threshold planning quantity or threshold quantity or, in 14,621
the instance of a proposed additional extremely hazardous 14,622
substance or hazardous substance, poses a substantial risk of 14,623
catastrophic injury to public health or safety or to the 14,624
environment if a release of the proposed reportable quantity of 14,625
the substance occurs. The rules shall further require that, 14,626
before so identifying or listing a substance or chemical, the 14,627
commission find by a preponderance of the evidence that the 14,628
development and implementation of state or local emergency 14,629
response plans for releases of the substance or chemical will 14,630
reduce the risk of a catastrophic injury to public health or 14,631
safety or to the environment, or will reduce the extraordinary 14,632
risk of injury to responding emergency response personnel, in the 14,633
event of a release of the substance or chemical and find by a 14,634
preponderance of the evidence that the identification or listing 14,635
of the substance or chemical is necessary for the development of 14,636
state or local emergency response plans for releases of the 14,637
substance or chemical. The rules shall require that the 14,638
commission consider the toxicity of the substance or chemical in 14,639
terms of both the short-term and long-term health effects 14,640
resulting from exposure to it and its reactivity, volatility, 14,641
dispersibility, combustibility, and flammability when determining 14,642
the risks posed by a release of the substance or chemical and, as 14,643
appropriate, when establishing a threshold planning quantity, 14,644
threshold quantity, reportable quantity, or category of health or 14,645
342
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 14,647
Revised Code establishing criteria and procedures for receiving 14,648
and deciding claims for protection of information as a trade 14,649
secret that are applicable only to extremely hazardous substances 14,650
and hazardous chemicals identified or listed in rules adopted 14,651
under division (C)(5) of this section. The rules shall be 14,652
equivalent in scope, content, and coverage to section 322 of the 14,653
"Emergency Planning and Community Right-To-Know Act of 1986," 100 14,654
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 14,655
(6)(a) After consultation with the fire marshal, adopt 14,657
rules in accordance with Chapter 119. of the Revised Code 14,658
establishing standards for the construction, placement, and use 14,659
of emergency response lock box units at facilities that are 14,660
subject to this chapter. The rules shall establish all of the 14,661
following: 14,662
(i) Specific standards of construction for lock box units; 14,664
(ii) The specific types of information that shall be 14,666
placed in the lock box units required to be placed at a facility 14,667
by an order issued under division (D) of section 3750.11 of the 14,668
Revised Code, which shall include the location of on-site 14,669
emergency fire-fighting and spill cleanup equipment; a diagram of 14,670
the public and private water supply and sewage systems serving 14,671
the facility that are known to the owner or operator of the 14,672
facility; a copy of the emergency and hazardous chemical 14,673
inventory form for the facility most recently required to be 14,674
submitted under section 3750.08 of the Revised Code from which 14,675
the owner or operator may withhold information claimed or 14,676
determined to be trade secret information pursuant to rules 14,677
adopted under division (B)(2)(d) of this section, or pursuant to 14,678
division (B)(14) of this section and rules adopted under division 14,679
(B)(5) of this section, and confidential business information 14,680
identified in rules adopted under division (B)(1)(h) of this 14,681
section; a copy of the local fire department's and facility's 14,682
343
emergency management plans for the facility, if any; a current 14,683
list of the names, positions, addresses, and telephone numbers of 14,684
all key facility personnel knowledgeable in facility safety 14,685
procedures and the locations at the facility where extremely 14,686
hazardous substances, hazardous chemicals, and hazardous 14,687
substances are produced, used, or stored. The rules shall 14,688
stipulate that, in the instance of lock box units placed 14,689
voluntarily at facilities by the owners or operators of the 14,690
facilities, such information shall be maintained in them as is 14,691
prescribed by agreement by the owner or operator and the fire 14,692
department having jurisdiction over the facility. 14,693
(iii) The conditions that shall be met in order to provide 14,695
safe and expedient access to a lock box unit during a release or 14,696
threatened release of an extremely hazardous substance, hazardous 14,697
chemical, or hazardous substance. 14,698
(b) Unless the owner or operator of a facility is issued 14,700
an order under division (D) of section 3750.11 of the Revised 14,701
Code requiring the owner or operator to place a lock box unit at 14,703
the facility, the owner or operator may place a lock box unit at 14,704
the facility at the owner's or operator's discretion. If the 14,706
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 14,708
box unit is in addition to any other obligations established in 14,709
this chapter.
(c) Any costs associated with the purchase, construction, 14,711
or placement of a lock box unit shall be paid by the owner or 14,712
operator of the facility. 14,713
(7) In accordance with Chapter 119. of the Revised Code, 14,715
adopt rules governing the application for and awarding of grants 14,716
under division (C) of section 3750.14 and division (B) of section 14,717
3750.15 of the Revised Code; 14,718
(8) Adopt rules in accordance with Chapter 119. of the 14,720
Revised Code establishing reasonable maximum fees that may be 14,721
charged by the commission and local emergency planning committees 14,722
344
for copying information in the commission's or committee's files 14,723
to fulfill requests from the public for that information; 14,724
(9) Adopt internal management rules governing the 14,726
operations of the commission. The internal management rules 14,727
shall establish an executive committee of the commission 14,728
consisting of the director of environmental protection or the 14,729
director's designee, the director of public safety or the 14,731
director's designee, the attorney general or the attorney 14,733
general's designee, one of the appointed members of the 14,735
commission representing industries subject to this chapter to be 14,736
appointed by the commission, one of the appointed members of the 14,737
commission representing the interests of environmental advocacy 14,738
organizations to be appointed by the commission, and one other 14,739
appointed member or member ex officio of the commission to be 14,740
appointed by the commission. The executive committee has 14,741
exclusive authority to issue enforcement orders under section 14,742
3750.18 of the Revised Code and to request the attorney general 14,743
to bring a civil action, civil penalty action, or criminal action 14,744
under section 3750.20 of the Revised Code in the name of the 14,745
commission regarding violations of this chapter, rules adopted 14,746
under it, or orders issued under it. The internal management 14,747
rules may set forth the other specific powers and duties of the 14,748
commission that the executive committee may exercise and carry 14,749
out and the conditions under which the executive committee may do 14,750
so. The internal management rules shall not authorize the 14,751
executive committee to issue variances under division (B) or (C) 14,752
of section 3750.11 of the Revised Code or orders under division 14,753
(D) of that section.
(10) Oversee and coordinate the implementation and 14,755
enforcement of this chapter and make such recommendations to the 14,756
director of environmental protection and the director of public 14,758
safety as it considers necessary or appropriate to improve the 14,759
implementation and enforcement of this chapter; 14,760
(11) Make allocations of moneys under division (B) of 14,762
345
section 3750.14 of the Revised Code and make grants under 14,763
division (C) of section 3750.14 and division (B) of section 14,764
3750.15 of the Revised Code; 14,765
(12) Designate an officer of the environmental protection 14,767
agency to serve as the commission's information coordinator under 14,768
this chapter; 14,769
(13) Not later than December 14, 1989, develop and 14,772
distribute a state emergency response plan that defines the 14,774
emergency response roles and responsibilities of the state 14,775
agencies that are represented on the commission and that provides 14,776
appropriate coordination with the national contingency plan and 14,777
the regional contingency plan required by section 105 of the 14,778
"Comprehensive Environmental Response, Compensation, and 14,779
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 14,780
amended. The plan shall ensure a well-coordinated response by 14,781
state agencies that may be involved in assisting local emergency 14,782
responders during a major release of oil or a major sudden and 14,783
accidental release of a hazardous substance or extremely 14,784
hazardous substance. The plan may incorporate existing state 14,785
emergency response plans by reference. At least annually, the 14,786
commission and the state agencies that are represented on it 14,787
shall jointly exercise the state plan in conjunction with the 14,788
exercise of a local emergency response plan by a local emergency 14,789
planning committee under section 3750.04 of the Revised Code. 14,790
After any such exercise, the commission shall review the state 14,791
plan and make such revisions in it as the commission considers 14,792
necessary or appropriate.
(14) Receive and decide claims for the protection of 14,794
information as a trade secret that pertain only to extremely 14,795
hazardous substances and hazardous chemicals identified or listed 14,796
by rules adopted under division (C)(5) of this section. If the 14,797
commission determines that the claim meets the criteria 14,798
established in rules adopted under division (B)(5) of this 14,799
section, it shall issue an order to that effect in accordance 14,800
346
with section 3750.18 of the Revised Code. If the commission 14,801
determines that the claim does not meet the criteria established 14,802
in those rules, it shall issue an order to that effect in 14,803
accordance with section 3750.18 of the Revised Code. 14,804
(15) Annually compile, make available to the public, and 14,806
submit to the president of the senate and the speaker of the 14,807
house of representatives a summary report on the number of 14,808
facilities estimated to be subject to regulation under sections 14,809
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 14,810
facilities reporting to the commission, an estimate of the 14,811
percentage of facilities in compliance with those sections, and 14,812
recommendations regarding the types of activities the commission 14,813
considers necessary to improve such compliance. The commission 14,814
shall base its estimate of the number of facilities that are 14,815
subject to regulation under those sections on the current 14,816
estimates provided by the local emergency planning committees 14,817
under division (D)(6) of section 3750.03 of the Revised Code. 14,818
(C) The commission may: 14,820
(1) Procure by contract the temporary or intermittent 14,822
services of experts or consultants when those services are to be 14,823
performed on a part-time or fee-for-service basis and do not 14,824
involve the performance of administrative duties; 14,825
(2) Enter into contracts or agreements with political 14,827
subdivisions or emergency planning districts for the purposes of 14,828
this chapter; 14,829
(3) Accept on behalf of the state any gift, grant, or 14,831
contribution from any governmental or private source, for the 14,832
purposes of this chapter; 14,833
(4) Enter into contracts, agreements, or memoranda of 14,835
understanding with any state department, agency, board, 14,836
commission, or institution to obtain the services of personnel 14,837
thereof or utilize resources thereof for the purposes of this 14,838
chapter. Employees of a state department, agency, board, 14,839
commission, or institution providing services to the commission 14,840
347
under any such contract, agreement, or memorandum shall perform 14,841
only those functions and provide only the services provided for 14,842
in the contract, agreement, or memorandum. 14,843
(5) Identify or list extremely hazardous substances in 14,845
addition to those identified or listed in rules adopted under 14,846
division (B)(1)(a) of this section and establish threshold 14,847
planning quantities and reportable quantities for the additional 14,848
extremely hazardous substances, identify or list hazardous 14,849
chemicals in addition to those identified or listed in rules 14,850
adopted under division (B)(1)(b) of this section and establish 14,851
threshold quantities and categories or health and physical 14,852
hazards for the added chemicals, and identify or list hazardous 14,853
substances in addition to those identified or listed in rules 14,854
adopted under division (B)(1)(c) of this section and establish 14,855
reportable quantities for the added hazardous substances. The 14,856
commission may establish threshold planning quantities for the 14,857
additional extremely hazardous substances based upon classes of 14,858
those substances or categories of facilities at which they are 14,859
present and may establish threshold quantities for the additional 14,860
hazardous chemicals based upon classes of those chemicals or 14,861
categories of facilities where they are present. The commission 14,862
shall identify or list such additional substances or chemicals 14,863
and establish threshold planning quantities, threshold 14,864
quantities, reportable quantities, and hazard categories therefor 14,865
in accordance with the criteria and procedures established in 14,866
rules adopted under division (B)(4) of this section and, after 14,867
compliance with those criteria and procedures, by the adoption of 14,868
rules in accordance with Chapter 119. of the Revised Code. The 14,869
commission shall not adopt rules under division (C)(5) of this 14,870
section modifying any threshold planning quantity established in 14,871
rules adopted under division (B)(1)(a) of this section, any 14,872
threshold quantity established in rules adopted under division 14,873
(B)(1)(b) of this section, nor OR any reportable quantity 14,874
established in rules adopted under division (B)(1)(c) of this 14,875
348
section. 14,876
If, after the commission has adopted rules under this 14,878
division (C)(5) OF THIS SECTION identifying or listing an 14,879
extremely hazardous substance, hazardous chemical, or hazardous 14,881
substance, the administrator of the United States environmental 14,882
protection agency identifies or lists the substance or chemical 14,883
as an extremely hazardous substance or hazardous chemical under 14,884
the "Emergency Planning and Community Right-To-Know Act of 1986," 14,885
100 Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a 14,886
substance as a hazardous substance under the "Comprehensive 14,887
Environmental Response, Compensation, and Liability Act of 1980," 14,888
94 Stat. 2779, 42 U.S.C.A. 9602, as amended, the commission shall 14,889
rescind its rules adopted under DIVISION (C)(5) OF this section 14,890
pertaining to the substance or chemical and adopt the appropriate 14,892
rules under division (B)(1)(a), (b), or (c) of this section. 14,893
(6) From time to time, request the director of 14,895
environmental protection and the deputy EXECUTIVE director of the 14,897
emergency management agency to review implementation, 14,898
administration, and enforcement of the chemical emergency 14,899
response planning and reporting programs created by this chapter 14,900
and rules adopted under it regarding their effectiveness in 14,901
preparing for response to releases of extremely hazardous 14,902
substances, hazardous chemicals, and hazardous substances. After 14,903
completion of any such review, the director of environmental 14,904
protection and the director of public safety shall report their 14,906
findings to the commission. Upon receipt of their findings, the 14,908
commission may make such recommendations for legislative and 14,909
administrative action as the commission finds necessary or 14,910
appropriate to promote achievement of the purposes of this 14,911
chapter.
(D) Except as provided in section 3750.06 of the Revised 14,913
Code, nothing in this chapter applies to the transportation, 14,914
including the storage incident to transportation, of any 14,915
substance or chemical subject to the requirements of this 14,916
349
chapter, including the transportation and distribution of natural 14,917
gas. 14,918
(E) This chapter authorizes the state, through the 14,920
emergency response commission, the department of public safety, 14,922
and THE environmental protection agency, to establish and 14,923
maintain chemical emergency response planning and preparedness, 14,924
community right-to-know, and hazardous substance and extremely 14,925
hazardous substance release reporting programs that are 14,926
consistent with and equivalent in scope, coverage, and content to 14,927
the "Emergency Planning and Community Right-To-Know Act of 1986," 14,928
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 14,930
it, except as otherwise specifically required or authorized in 14,931
this chapter. The commission, department, and agencies may do 14,933
all things necessary, incidental, or appropriate to implement, 14,934
administer, and enforce this chapter and to perform the duties 14,935
and exercise the powers of the state emergency response 14,936
commission under that act and regulations adopted under it and 14,937
under this chapter.
Sec. 3793.08. The department of alcohol and drug addiction 14,946
services shall submit an annual report to the governor, which 14,947
shall include all of the following: 14,948
(A) A statement of the number of people served by alcohol 14,950
and drug addiction programs that receive funds distributed by the 14,951
department, with a breakdown into categories including age, sex, 14,952
race, THE TYPE OF DRUG TO WHICH THE PERSON IS ADDICTED, and any 14,953
other categories the director of alcohol and drug addiction 14,954
services considers significant;
(B) A report measuring the success of alcohol and drug 14,956
addiction programs, based on the use of measures for 14,957
accountability developed by the department, INCLUDING THE 14,958
PERCENTAGE OF PEOPLE SERVED BY SUCH PROGRAMS WHO HAVE NOT 14,959
RELAPSED;
(C) Any other information that the director considers 14,961
significant or is requested by the governor. 14,962
350
Sec. 3793.10. A drivers' intervention program may be used 14,971
as an alternative to a term of imprisonment for an offender 14,972
sentenced pursuant to division (A)(1) of section 4511.99 of the 14,973
Revised Code, if it is certified by the director of alcohol and 14,974
drug addiction services pursuant to this section. No drivers' 14,975
intervention program shall be used as an alternative to a term of 14,976
imprisonment that is imposed pursuant to division (A)(2), (3), or 14,978
(4) of section 4511.99 of the Revised Code.
To qualify for certification by the director and to receive 14,980
funds from the drivers' STATEWIDE treatment and intervention 14,982
PREVENTION fund created by division (L) of section 4511.191 14,983
4301.30 of the Revised Code in any amounts and at any times that 14,985
the director determines are appropriate, a drivers' intervention 14,986
program shall meet state minimum standards that the director 14,987
shall establish by rule. The rules shall include, but are not 14,988
limited to, standards governing program course hours and content, 14,989
qualifications of program personnel, methods of identifying and 14,990
testing participants to isolate participants with alcohol and 14,991
drug abuse problems, referral of such persons to alcohol and drug 14,992
addiction programs, the prompt notification of courts by program 14,993
operators of the completion of the programs by persons required 14,994
by courts to attend them, and record keeping, including methods 14,995
of tracking participants for a reasonable time after they have 14,996
left the program. 14,997
The director shall issue a certificate to any qualified 14,999
drivers' intervention program. The certificate shall be IS valid 15,001
for three years.
Sec. 3793.12. (A) The department of alcohol and drug 15,010
addiction services shall collect and compile statistics and other 15,011
information on the care, treatment, and rehabilitation of 15,012
alcoholics, drug dependent persons, and persons in danger of drug 15,013
dependence in this state, including, without limitation, 15,014
information on the number of such persons, the type of drug 15,015
involved, the type of care, treatment, or rehabilitation 15,016
351
prescribed or undertaken, and the success or failure of the care, 15,017
treatment, or rehabilitation. 15,018
(B) No alcohol or drug addiction program shall fail to 15,020
supply statistics and other information within its knowledge and 15,021
with respect to its programs, upon request of the department. 15,022
(C) Communications by a person seeking aid in good faith 15,024
for alcoholism or drug dependence ARE confidential, and this 15,025
section does not require the collection or permit the disclosure 15,026
of information which reveals or comprises the identity of any 15,027
person seeking aid. 15,028
(D) BASED ON THE INFORMATION COLLECTED AND COMPILED UNDER 15,030
DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A 15,031
PROJECT TO ASSESS THE OUTCOMES OF PERSONS SERVED BY ALCOHOL AND 15,032
DRUG ADDICTION PROGRAMS THAT RECEIVE FUNDS DISTRIBUTED BY THE 15,033
DEPARTMENT.
Sec. 4105.17. (A) The fee for any inspection, OR 15,042
ATTEMPTED INSPECTION THAT, DUE TO NO FAULT OF A GENERAL INSPECTOR 15,043
OR THE DIVISION OF INDUSTRIAL COMPLIANCE, IS NOT SUCCESSFULLY 15,044
COMPLETED, by a general inspector of an elevator required to be 15,045
inspected under this chapter is thirty dollars plus five dollars 15,046
for each floor where the elevator stops. THE SUPERINTENDENT OF 15,047
THE DIVISION OF INDUSTRIAL COMPLIANCE MAY ASSESS A FEE OF THIRTY 15,048
DOLLARS PLUS FIVE DOLLARS FOR EACH FLOOR WHERE AN ELEVATOR STOPS 15,049
FOR THE REINSPECTION OF AN ELEVATOR WHEN A PREVIOUS ATTEMPT TO 15,050
INSPECT THAT ELEVATOR HAS BEEN UNSUCCESSFUL THROUGH NO FAULT OF A
GENERAL INSPECTOR OR THE DIVISION OF INDUSTRIAL COMPLIANCE. The 15,051
fee for issuing or renewing a certificate of operation under 15,053
section 4105.15 of the Revised Code is thirty-five dollars. 15,054
(B) All other fees to be charged for any examination given 15,056
or other service performed by the division of industrial 15,057
compliance pursuant to this chapter shall be prescribed by the 15,059
board of building standards established by section 3781.07 of the 15,060
Revised Code. The fees shall be reasonably related to the costs 15,061
of such examination or other service. 15,062
352
(C) The board of building standards, subject to the 15,064
approval of the controlling board, may establish fees in excess 15,065
of the fees provided in division (A) of this section, provided 15,066
that the fees do not exceed the amounts established in division 15,067
(A) of this section by more than fifty per cent. Any moneys 15,068
collected under this section shall be paid into the state 15,069
treasury to the credit of the industrial compliance operating 15,071
fund created in section 121.084 of the Revised Code. 15,072
(D) Any person who fails to pay an inspection fee required 15,074
for any inspection conducted by the division pursuant to this 15,076
chapter within forty-five days after the inspection is conducted 15,077
shall pay a late payment fee equal to twenty-five per cent of the 15,078
inspection fee. 15,079
(E) In addition to the fee assessed in division (A) of 15,081
this section, the board of building standards shall assess a fee 15,082
of three dollars and twenty-five cents for each certificate of 15,083
operation or renewal thereof issued under division (A) of this 15,084
section and for each permit issued under section 4105.16 of the 15,085
Revised Code. The board shall adopt rules, in accordance with 15,086
Chapter 119. of the Revised Code, specifying the manner by which 15,087
the superintendent of the division of industrial compliance shall 15,089
collect and remit to the board the fees assessed under this 15,091
division and requiring that remittance of the fees be made at 15,092
least quarterly.
Sec. 4112.12. (A) There is hereby created the commission 15,101
on African-American males, which shall consist of not more than 15,102
forty-one members as follows: the directors or their designees 15,103
of the departments of health, development, alcohol and drug 15,104
addiction services, human services, rehabilitation and 15,105
correction, mental health, and youth services; the administrator 15,106
or his THE ADMINISTRATOR'S designee of the bureau of employment 15,107
services; the adjutant general or his THE ADJUTANT GENERAL'S 15,109
designee; the equal employment opportunity officer of the 15,110
department of administrative services or his THE EQUAL EMPLOYMENT 15,112
353
OPPORTUNITY OFFICER'S designee; the executive director or his THE 15,113
EXECUTIVE DIRECTOR'S designee of the Ohio civil rights 15,114
commission; the director or his THE DIRECTOR'S designee of the 15,116
office of criminal justice services; the superintendent of public 15,117
instruction; the chancellor or his THE CHANCELLOR'S designee of 15,118
the Ohio board of regents; two members of the house of 15,120
representatives appointed by the speaker of the house of 15,121
representatives; three members of the senate appointed by the 15,122
president of the senate; and not more than twenty-two members 15,123
appointed by the governor. The members appointed by the governor 15,124
shall include at least one representative of each of the 15,125
following: the national association for the advancement of 15,126
colored people; the urban league; an organization representing 15,127
black elected officials; an organization representing black 15,128
attorneys; the black religious community; the black business 15,129
community; the nonminority business community; AND organized 15,130
labor; and at least one black medical doctor, one black elected 15,131
member of a school board, AND one black educator,; and at least 15,132
two representatives of local private industry councils. The 15,133
remaining members that may be appointed by the governor shall be 15,134
selected from elected officials, civic and community leaders, and 15,135
representatives of the employment, criminal justice, education, 15,136
and health communities.
(B) Initial members of the commission shall be those 15,138
members serving on the governor's commission on socially 15,139
disadvantaged black males on June 30, 1991, in accordance with 15,140
executive orders 89-9 and 90-34. In the event that a member of 15,141
the general assembly serving on the commission on that date 15,142
pursuant to executive orders 89-9 and 90-34 is no longer a member 15,143
of the general assembly, the speaker of the house of 15,144
representatives or the president of the senate, as appropriate, 15,145
shall appoint a new member in accordance with division (A) of 15,146
this section. Of the initial members who are governor's 15,147
appointees, the governor shall designate seven who shall serve 15,148
354
terms ending June 30, 1993, seven who shall serve terms ending 15,149
June 30, 1994, and eight who shall serve terms ending June 30, 15,150
1995. Thereafter, terms of office shall be for three years, with 15,151
each term ending on the same day of the same month as did the 15,152
term that it succeeds. Each member shall hold office from the 15,153
date of his appointment until the end of the term for which he 15,154
THE MEMBER was appointed. Members may be reappointed. Vacancies 15,155
shall be filled in the manner provided for original appointments. 15,156
Any member appointed to fill a vacancy occurring prior to the 15,157
expiration date of the term for which his THE MEMBER'S 15,158
predecessor was appointed shall hold office as a member for the 15,159
remainder of that term. A member shall continue in office 15,160
subsequent to the expiration date of his THE MEMBER'S term until 15,161
his THE MEMBER'S successor takes office or until a period of 15,163
sixty days has elapsed, whichever occurs first.
The chairman of the governor's commission on socially 15,166
disadvantaged black males serving on June 30, 1991, shall serve
as chairman of the commission on African-American males until 15,168
June 30, 1993. Thereafter, the commission annually shall elect a 15,169
chairman CHAIRPERSON from among its members. 15,170
(C) Members of the commission and members of subcommittees 15,172
appointed under division (B) of section 4112.13 of the Revised 15,173
Code shall not be compensated, but shall be reimbursed for their 15,174
necessary and actual expenses incurred in the performance of 15,175
their official duties. 15,176
(D) The Ohio civil rights commission shall oversee and 15,178
coordinate the activities of the commission. 15,179
Sec. 4112.15. THERE IS HEREBY CREATED IN THE STATE 15,181
TREASURY THE CIVIL RIGHTS COMMISSION GENERAL REIMBURSEMENT FUND, 15,182
WHICH SHALL BE USED TO PAY OPERATING COSTS OF THE COMMISSION. 15,183
ALL MONEY PAID TO THE COMMISSION FOR COPIES OF COMMISSION 15,184
DOCUMENTS AND FOR OTHER GOODS AND SERVICES FURNISHED BY THE 15,185
COMMISSION SHALL BE CREDITED TO THE FUND. 15,186
Sec. 4115.101. THERE IS HEREBY CREATED THE PREVAILING WAGE 15,188
355
CUSTODIAL FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF 15,189
STATE BUT SHALL NOT BE PART OF THE STATE TREASURY. THE 15,190
ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SERVICES SHALL DEPOSIT 15,191
TO THE FUND ALL MONEY PAID BY EMPLOYERS TO THE ADMINISTRATOR THAT 15,192
ARE HELD IN TRUST FOR EMPLOYEES TO WHOM PREVAILING WAGES ARE DUE
AND OWING. THE ADMINISTRATOR SHALL MAKE DISBURSEMENTS FROM THE 15,193
FUND IN ACCORDANCE WITH THIS CHAPTER TO EMPLOYEES AFFECTED BY 15,194
VIOLATIONS OF THIS CHAPTER.
Sec. 4115.34. (A) If EXCEPT AS OTHERWISE PROVIDED IN 15,203
DIVISION (D) OF THIS SECTION, IF any state agency, political 15,204
subdivision, or instrumentality of the state intends to procure 15,205
any product or service, it shall determine whether the product or 15,207
service is on the procurement list published pursuant to section 15,208
4115.33 of the Revised Code; and it shall PROCURE, in accordance 15,210
with rules of the state committee for the purchase of products 15,211
and services provided by persons with severe disabilities, 15,212
procure such THE product or service at the fair market price 15,214
established by the committee from a qualified nonprofit agency 15,216
for persons with severe disabilities, if the product or service 15,217
is on the procurement list and is available within the period 15,218
required by that agency, subdivision, or instrumentality, 15,219
notwithstanding any law requiring the purchase of products and 15,221
services on a competitive bid basis. Sections 4115.31 to 4115.35 15,222
of the Revised Code do not apply if the products or services are 15,223
available for procurement from any state agency, political 15,224
subdivision, or instrumentality of the state and procurement from 15,225
such THAT agency, subdivision, or instrumentality is required 15,226
under any law in effect on August 13, 1976. 15,227
(B) The committee and any state agency, political 15,229
subdivision, or instrumentality of the state may enter into 15,230
contractual agreements, cooperative working relationships, or 15,231
other arrangements determined necessary for effective 15,232
coordination and efficient realization of the objectives of 15,233
sections 4115.31 to 4115.35 of the Revised Code and any other law 15,234
356
requiring procurement of products or services from any state 15,236
agency, political subdivision, or instrumentality of the state. 15,237
(C) Notwithstanding any other section of the Revised Code, 15,239
or any appropriations act, that may require a state agency, 15,240
political subdivision, or instrumentality of the state to 15,241
purchase supplies, services, or materials by means of a 15,242
competitive bid procedure, state agencies, political 15,243
subdivisions, or instrumentalities of the state need not utilize 15,244
the required bidding procedures if the supplies, services, or 15,245
materials are to be purchased from a qualified nonprofit agency 15,246
pursuant to sections 4115.31 to 4115.35 of the Revised Code. 15,247
(D) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 15,249
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 15,250
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 15,251
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 15,252
Sec. 4117.24. THE TRAINING AND PUBLICATIONS FUND IS HEREBY 15,254
CREATED IN THE STATE TREASURY. THE STATE EMPLOYMENT RELATIONS 15,255
BOARD SHALL DEPOSIT INTO THE TRAINING AND PUBLICATIONS FUND ALL 15,256
PAYMENTS RECEIVED BY THE BOARD FOR COPIES OF DOCUMENTS, 15,257
RULEBOOKS, AND OTHER PUBLICATIONS; FEES RECEIVED FROM SEMINAR
PARTICIPANTS; AND RECEIPTS FROM THE SALE OF CLEARINGHOUSE DATA. 15,258
THE STATE EMPLOYMENT RELATIONS BOARD SHALL USE ALL MONEYS 15,259
DEPOSITED INTO THE TRAINING AND PUBLICATIONS FUND TO DEFRAY THE 15,260
COSTS OF FURNISHING AND MAKING AVAILABLE COPIES OF DOCUMENTS, 15,261
RULEBOOKS, AND OTHER PUBLICATIONS; THE COSTS OF PLANNING,
ORGANIZING, AND CONDUCTING TRAINING SEMINARS; AND THE COSTS OF 15,262
COMPILING CLEARINGHOUSE DATA. 15,263
Sec. 4163.07. (A)(1) Prior to transporting any large 15,272
quantity of special nuclear material or by-product material into 15,273
or through the state, the carrier or shipper of the material 15,274
shall notify the deputy EXECUTIVE director of the emergency 15,275
management agency established under section 5502.22 of the 15,276
Revised Code of the shipment. The notice shall be in writing and 15,277
be sent by certified mail and shall include the name of the 15,278
357
shipper; the name of the carrier; the type and quantity of the 15,279
special nuclear material or by-product material; the 15,280
transportation mode of the shipment; the proposed date and time 15,281
of shipment of the material into or through the state; and the 15,282
starting point, termination or exit point, scheduled route, and 15,283
each alternate route, if any, of the shipment. In order to 15,284
constitute effective notification under division (A)(1) of this 15,285
section, notification shall be received by the deputy EXECUTIVE 15,286
director at least forty-eight hours prior to entry of the 15,289
shipment into the state.
(2) The carrier or shipper of any shipment subject to 15,291
division (A)(1) of this section shall immediately notify the 15,292
deputy EXECUTIVE director of any change in the date and time of 15,294
the shipment or in the route of the shipment into or through the 15,295
state.
(B) Upon receipt of a notice of any shipment of a large 15,297
quantity of special nuclear material or by-product material into 15,298
or through the state, the deputy EXECUTIVE director of the 15,299
emergency management agency shall immediately notify the director 15,302
of public safety, the director of environmental protection, the 15,303
chairman CHAIRPERSON of the public utilities commission, and the 15,304
sheriff of each county along the proposed route, or any alternate 15,306
route, of the shipment.
(C) The deputy EXECUTIVE director of the emergency 15,308
management agency shall not disclose to any person other than 15,310
those persons enumerated in division (B) of this section any 15,311
information pertaining to any shipment of special nuclear 15,312
material or by-product material prior to the time that the 15,313
shipment is completed.
(D) This section does not apply to radioactive materials, 15,315
other than by-products, shipped by or for the United States 15,316
department of defense and United States department of energy. 15,317
Nothing in this section shall require REQUIRES the disclosure of 15,319
any defense information or restricted data as defined in the 15,320
358
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as 15,321
amended.
(E) No person shall transport or cause to be transported 15,323
into or through the state any large quantity of special or 15,324
by-product material without first providing the notice required 15,325
in division (A) of this section. 15,326
Sec. 4301.10. (A) The department or, beginning on July 1, 15,335
1997, the division of liquor control shall: 15,336
(1) Control the traffic in beer and intoxicating liquor in 15,338
this state, including the manufacture, importation, and sale of 15,340
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture, 15,342
distribution, transportation, and sale of beer and intoxicating 15,343
liquor and the sale of alcohol, as authorized or required by this 15,344
chapter and Chapter 4303. of the Revised Code; and a certificate 15,345
signed by the director or, beginning on July 1, 1997, the 15,346
superintendent of liquor control to which is affixed the official 15,348
seal of the department or division stating that it appears from
the records of the department or division that no permit has been 15,349
issued to the person specified in the certificate, or that a 15,350
permit, if issued, has been revoked, canceled, or suspended shall 15,352
be received as prima-facie evidence of the facts recited in the 15,353
certificate in any court, or before any officer of this state; 15,355
(3) Put into operation, manage, and control a system of 15,357
state liquor stores for the sale of spirituous liquor at retail 15,358
and to holders of permits authorizing the sale of spirituous 15,359
liquor; however, the department or division shall not establish 15,360
any drive-in state liquor stores; and by means of those types of 15,361
stores, and any manufacturing plants, distributing and bottling 15,362
plants, warehouses, and other facilities that it considers 15,363
expedient, establish and maintain a state monopoly of the 15,364
distribution of spirituous liquor and its sale in packages or 15,365
containers; and for that purpose manufacture, buy, import, 15,366
possess, and sell spirituous liquors as provided in this chapter 15,367
359
and Chapter 4303. of the Revised Code, and in the rules 15,368
promulgated by the director or superintendent of liquor control 15,369
pursuant to those chapters; lease, or in any manner acquire the 15,370
use of any land or building required for any of those purposes; 15,371
purchase any equipment that is required; and borrow money to 15,372
carry on its business, and issue, sign, endorse, and accept 15,373
notes, checks, and bills of exchange; but all obligations of the 15,374
department or division created under authority of this division
shall be a charge only upon the moneys received by the department 15,375
or division from the sale of spirituous liquor and its other 15,376
business transactions in connection with the sale of spirituous 15,377
liquor, and shall not be general obligations of the state; 15,379
(4) Enforce the administrative provisions of this chapter 15,381
and Chapter 4303. of the Revised Code, and the rules and orders 15,384
of the liquor control commission and the director or 15,385
superintendent relating to the manufacture, importation, 15,387
transportation, distribution, and sale of beer and intoxicating 15,388
liquors; and the attorney general, any prosecuting attorney, and 15,389
any prosecuting officer of a municipal corporation or a municipal 15,390
court shall, at the request of the department or division of
liquor control or the department of public safety, prosecute any 15,392
person charged with the violation of any provision in those 15,393
chapters or of any section of the Revised Code relating to the 15,394
manufacture, importation, transportation, distribution, and sale 15,395
of beer and intoxicating liquor; 15,396
(5) Determine the locations of all state liquor stores and 15,398
manufacturing, distributing, and bottling plants required in 15,399
connection therewith, subject to this chapter and Chapter 4303. 15,400
of the Revised Code; 15,401
(6) Conduct inspections of liquor permit premises to 15,403
determine compliance with the administrative provisions of this 15,405
chapter and Chapter 4303. of the Revised Code and the rules
adopted under those provisions by the liquor control commission. 15,406
Except as otherwise provided in division (A)(6) of this 15,408
360
section, those inspections may be conducted only during those 15,409
hours in which the permit holder is open for business and only by 15,410
authorized agents or employees of the department or division or 15,411
by any peace officer, as this term is defined in section 2935.01 15,412
of the Revised Code. Inspections may be conducted at other hours 15,413
only to determine compliance with laws or commission rules that 15,414
regulate the hours of sale of beer and intoxicating liquor and 15,415
only if the investigator has reasonable cause to believe that 15,416
those laws or rules are being violated. Any inspection conducted 15,417
pursuant to division (A)(6) of this section is subject to all of 15,418
the following requirements: 15,419
(a) The only property that may be confiscated is 15,421
contraband, as defined in section 2901.01 of the Revised Code, or 15,423
property that is otherwise necessary for evidentiary purposes. 15,424
(b) A complete inventory of all property confiscated from 15,426
the premises shall be given to the permit holder or the permit 15,427
holder's agent or employee by the confiscating agent or officer 15,429
at the conclusion of the inspection. At that time, the inventory 15,430
shall be signed by the confiscating agent or officer and the 15,431
agent or officer shall give the permit holder or the permit 15,432
holder's agent or employee the opportunity to sign the inventory. 15,433
(c) Inspections conducted pursuant to division (A)(6) of 15,435
this section shall be conducted in a reasonable manner. A 15,436
finding by any court of competent jurisdiction that the 15,437
inspection was not conducted in a reasonable manner in accordance 15,438
with this section or any rules promulgated by the commission may 15,439
be considered grounds for suppression of evidence. A finding by 15,440
the liquor control commission that the inspection was not 15,441
conducted in a reasonable manner in accordance with this section 15,442
or any rules promulgated by the commission may be considered 15,443
grounds for dismissal of the commission case. 15,444
If any court of competent jurisdiction finds that property 15,446
confiscated as the result of an administrative inspection is not 15,447
necessary for evidentiary purposes and is not contraband, as 15,448
361
defined in section 2901.01 of the Revised Code, the court shall 15,450
order the immediate return of the confiscated property, provided 15,451
that property is not contraband or otherwise subject to
forfeiture, to the permit holder. However, the return of this 15,452
property is not grounds for dismissal of the case. The 15,453
commission likewise may order the return of confiscated property 15,454
if no criminal prosecution is pending or anticipated. 15,455
(7) Delegate to any of its agents or employees any power 15,457
of investigation that the department or division possesses with 15,458
respect to the enforcement of any of the administrative laws 15,459
relating to beer and to intoxicating liquor, provided that this 15,460
division does not authorize the department or division to 15,461
designate any agent or employee to serve as a liquor control 15,462
investigator. The employment and designation of liquor control
investigators shall be within the exclusive authority of the 15,463
director of public safety pursuant to sections 5502.13 and 15,464
5502.61 of the Revised Code.
(8) Except as otherwise provided in division (A)(8) of 15,466
this section, collect the following fees: 15,467
(a) An annual twenty-five-dollar registration fee for each 15,469
representative, registered pursuant to section 4303.25 of the 15,470
Revised Code, of a beer or intoxicating liquor manufacturer doing 15,471
business in this state; 15,472
(b) A fifty-dollar product registration fee for each new 15,474
beer or intoxicating liquor product sold in this state. The 15,475
product registration fee shall be accompanied by a copy of the 15,476
federal label and product approval for the new product. 15,477
(c) An annual three-hundred-dollar out-of-state supplier 15,479
consent-to-import fee from each manufacturer or supplier not 15,480
subject to division (A)(8)(e) of this section, in addition to an 15,482
initial application fee of one hundred dollars; 15,483
(d) An annual twenty-five-dollar registration fee for coil 15,485
cleaners of beer dispensing equipment doing business in this 15,486
state. 15,487
362
(e) An annual one-hundred-dollar out-of-state 15,489
consent-to-import fee, in addition to an initial application fee 15,490
of one hundred dollars, from any manufacturer or out-of-state 15,491
supplier that produced or shipped into this state in the 15,492
immediately preceding calendar year a total of five hundred or 15,493
fewer cases of seven-hundred-fifty milliliter equivalent of 15,494
intoxicating liquor and twelve-ounce equivalent of beer. 15,495
Each consent-to-import, representative's registration, and 15,497
coil cleaner registration issued under division (A)(8) of this 15,499
section authorizes the person named to carry on the activity
specified, is valid for one year, or for the unexpired portion of 15,500
the year, ending on the uniform expiration date for each, which 15,501
shall be designated by the department or division, and is subject 15,502
to suspension, revocation, cancellation, or fine as authorized by 15,503
this chapter and Chapter 4303. of the Revised Code. 15,504
(9) Establish a system of electronic data interchange 15,506
within the department or division and regulate the electronic 15,507
transfer of information and funds among persons and governmental 15,509
entities engaged in the manufacture, distribution, and retail 15,510
sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary 15,512
implication conferred upon the department or division by this 15,513
chapter and Chapter 4303. of the Revised Code, and all powers 15,514
necessary for the exercise or discharge of any power, duty, or 15,515
function expressly conferred or imposed upon the department or 15,516
division by those chapters. 15,517
(B) The department or division may: 15,519
(1) Sue, but may be sued only in connection with the 15,521
execution of leases of real estate and the purchases and 15,522
contracts necessary for the operation of the state liquor stores 15,523
that are made under this chapter and Chapter 4303. of the Revised 15,524
Code; 15,525
(2) Enter into leases and contracts of all descriptions 15,527
and acquire and transfer title to personal property with regard 15,529
363
to the sale, distribution, and storage of spirituous liquor 15,530
within the state;
(3) Terminate at will any lease entered into pursuant to 15,532
division (B)(2) of this section upon first giving ninety days' 15,534
notice in writing to the lessor of its intention to do so; 15,535
(4) Fix the wholesale and retail prices at which the 15,537
various classes, varieties, and brands of spirituous liquor shall 15,538
be sold by the department. Those retail prices shall be the same 15,539
at all state liquor stores, except to the extent that a price 15,540
differential is required to collect a county sales tax levied 15,541
pursuant to section 5739.021 of the Revised Code and for which 15,542
tax the tax commissioner has authorized prepayment pursuant to 15,543
section 5739.05 of the Revised Code. In fixing selling prices, 15,544
the department or division shall compute an anticipated gross 15,545
profit at least sufficient to provide in each calendar year all 15,546
costs and expenses of the department or division and also an 15,547
adequate working capital reserve for the department or division. 15,548
The gross profit shall not exceed forty per cent of the retail 15,550
selling price based on costs of the department or division, and
in addition the sum required by section 4301.12 of the Revised 15,551
Code to be paid into the state treasury. An amount equal to one 15,552
and one-half per cent of that gross profit shall be paid into the 15,553
alcoholism-detoxification centers STATEWIDE TREATMENT AND 15,554
PREVENTION fund created under BY section 4301.30 of the Revised 15,556
Code and be appropriated by the general assembly from the fund to 15,557
the department of alcohol and drug addiction services as provided 15,558
in section 4301.30 of the Revised Code. 15,559
On spirituous liquor manufactured in Ohio from the juice of 15,561
grapes or fruits grown in Ohio, the department or division shall 15,562
compute an anticipated gross profit of not to exceed ten per 15,563
cent. The wholesale prices shall be at a discount of not less 15,564
than twelve and one-half per cent of the retail selling prices as 15,565
determined by the department or division in accordance with this 15,566
section.
364
(C) The department or division may approve the expansion 15,568
or diminution of a premises to which a liquor permit has been 15,570
issued and may adopt standards governing such an expansion or 15,571
diminution.
Sec. 4301.30. All fees collected by the division of liquor 15,581
control shall be deposited in the state treasury to the credit of 15,582
the undivided liquor permit fund, which is hereby created, at the 15,583
time prescribed under section 4301.12 of the Revised Code. Each 15,584
payment shall be accompanied by a statement showing separately 15,585
the amount collected for each class of permits in each municipal 15,586
corporation and in each township outside the limits of any 15,587
municipal corporation in such township. An amount equal to fifty 15,588
dollars for each fee received for a D-2 permit, which is not 15,589
placed in operation immediately upon a D-3 permit premises, and 15,590
twenty-five dollars for each fee received for a C-2 permit, shall 15,591
be paid from the undivided liquor permit fund into the general 15,592
revenue fund.
Prior to the fees received for a D-2 permit, which is not 15,594
in operation immediately upon a D-3 permit premises, and a C-2 15,595
permit being paid into the general revenue fund, an amount equal 15,596
to twenty-one per cent of the undivided liquor permit fund shall 15,597
be paid into the alcoholism-detoxification centers STATEWIDE 15,598
TREATMENT AND PREVENTION fund, which is hereby created in the 15,600
state treasury. Such THIS amount shall be appropriated by the 15,601
general assembly, together with an amount equal to one and 15,602
one-half per cent of the gross profit of the department of liquor 15,603
control derived under division (B)(4) of section 4301.10 of the 15,604
Revised Code, to the department of alcohol and drug addiction 15,605
services. In planning for the allocation of and in allocating 15,606
these amounts for the purposes of Chapter 3793. of the Revised 15,607
Code, the department of alcohol and drug addiction services shall 15,608
comply with the nondiscrimination provisions of Title VI of the 15,609
Civil Rights Act of 1964, and any rules adopted thereunder. 15,610
The moneys remaining in the undivided liquor permit fund 15,612
365
shall be distributed by the superintendent of liquor control at 15,614
quarterly calendar periods as follows: 15,615
(A) To each municipal corporation, the aggregate amount 15,617
shown by the statements to have been collected from permits 15,618
therein, for the use of the general fund of the municipal 15,619
corporation; 15,620
(B) To each township, the aggregate amount shown by the 15,622
statements to have been collected from permits in its territory, 15,623
outside the limits of any municipal corporation located therein, 15,624
for the use of the general fund of the township, or for fire 15,625
protection purposes, including buildings and equipment in the 15,626
township or in an established fire district within the township, 15,627
to the extent that the funds are derived from liquor permits 15,628
within the territory comprising such fire district. 15,629
For the purpose of the distribution required by this 15,631
section, E, H, and D permits covering boats or vessels are deemed 15,632
to have been issued in the municipal corporation or township 15,633
wherein the owner or operator of the vehicle, boat, vessel, or 15,634
dining car equipment to which the permit relates has the owner's 15,635
or operator's principal office or place of business within the 15,637
state.
Such distributions are subject to diminutions for refunds 15,639
as prescribed in section 4301.41 of the Revised Code. If the 15,640
liquor control commission is of the opinion that the police or 15,641
other officers of any municipal corporation or township entitled 15,642
to share in such distribution are refusing or culpably neglecting 15,643
to enforce this chapter and Chapter 4303. of the Revised Code, or 15,644
the penal laws of this state relating to the manufacture, 15,645
importation, transportation, distribution, and sale of beer and 15,646
intoxicating liquors, or if the prosecuting officer of a 15,647
municipal corporation or the municipal court thereof fails to 15,648
comply with the request of the commission authorized by division 15,649
(A)(4) of section 4301.10 of the Revised Code, the commission 15,650
may, by certified mail, MAY notify the chief executive officer of 15,652
366
the municipal corporation or the board of township trustees of 15,653
the township of such failure and require the immediate 15,654
cooperation of the responsible officers of the municipal 15,655
corporation or township with the division of liquor control in 15,656
the enforcement of such chapters and such penal laws. Within 15,658
thirty days after the notice is served, the commission shall 15,659
determine whether or not the requirement has been complied with. 15,660
If the commission determines that the requirement has not been 15,661
complied with, it may issue an order to the superintendent to 15,663
withhold the distributive share of the municipal corporation or 15,664
township until further order of the commission. This action of 15,665
the commission is reviewable within thirty days thereafter in the 15,666
court of common pleas of Franklin county. 15,667
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.49 15,676
4301.50 of the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred 15,679
twenty-eight fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift, 15,681
distribution, and, except with respect to A-4 permit holders, 15,682
offer for sale. 15,683
(B) For the purposes of providing revenues for the support 15,686
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, 15,687
except for known sacramental purposes, at the rate of thirty 15,688
cents per wine gallon for wine containing not less than four per 15,689
cent of alcohol by volume and not more than fourteen per cent of 15,690
alcohol by volume, ninety-eight cents per wine gallon for wine 15,691
containing more than fourteen per cent but not more than 15,692
twenty-one per cent of alcohol by volume, one dollar and eight 15,693
cents per wine gallon for vermouth, and one dollar and 15,694
forty-eight cents per wine gallon for sparkling and carbonated 15,695
wine and champagne, the tax to be paid by the holders of A-2 and 15,696
B-5 permits or by any other person selling or distributing wine 15,697
upon which no tax has been paid. From the tax paid under this 15,699
367
section on wine, vermouth, and sparkling and carbonated wine and 15,700
champagne, the treasurer of state shall credit to the Ohio grape 15,701
industries fund created under section 924.54 of the Revised Code 15,702
a sum equal to one cent per gallon for each gallon upon which the 15,703
tax is paid.
(C) For the purpose of providing revenues for the support 15,705
of the state, there is hereby levied a tax on prepared and 15,706
bottled highballs, cocktails, cordials, and other mixed beverages 15,707
at the rate of one dollar and twenty cents per wine gallon to be 15,708
paid by holders of A-4 permits or by any other person selling or 15,709
distributing those products upon which no tax has been paid. 15,710
Only one sale of the same article shall be used in computing the 15,711
amount of tax due. The tax on mixed beverages to be paid by 15,712
holders of A-4 permits under this section shall not attach until 15,713
the ownership of the mixed beverage is transferred for valuable 15,714
consideration to a wholesaler or retailer, and no payment of the 15,715
tax shall be required prior to that time. 15,716
(D) During the period from June 30, 1995, until July 1, 15,719
1999 2001, from the tax paid under this section on wine, 15,720
vermouth, and sparkling and carbonated wine and champagne, the
treasurer of state shall credit to the Ohio grape industries fund 15,722
created under section 924.54 of the Revised Code a sum equal to 15,723
two cents per gallon upon which the tax is paid. The amount 15,724
credited under this division is in addition to the amount 15,725
credited to the Ohio grape industries fund under division (B) of
this section. 15,726
(E) For the purpose of providing revenues for the support 15,728
of the state, there is hereby levied a tax on cider at the rate 15,730
of twenty-four cents per wine gallon to be paid by the holders of 15,731
A-2 and B-5 permits or by any other person selling or 15,732
distributing cider upon which no tax has been paid. Only one 15,733
sale of the same article shall be used in computing the amount of 15,734
the tax due.
Sec. 4501.27. (A) Except as provided in division (B) of 15,744
368
this section, on and after September 13, 1997, the registrar of 15,745
motor vehicles, and any employee or contractor of the bureau of 15,746
motor vehicles, shall not knowingly disclose or otherwise make 15,747
available to any person or entity any personal information about 15,748
an individual that the bureau obtained in connection with a motor 15,749
vehicle record.
(B)(1) On and after September 13, 1997, the registrar, or 15,752
an employee or contractor of the bureau of motor vehicles, shall 15,753
disclose personal information about an individual that the bureau 15,754
obtained in connection with a motor vehicle record, for use in 15,755
connection with any of the following matters to carry out the 15,756
purposes of any specified federal automobile-related act: 15,757
(a) Motor vehicle or driver safety and theft; 15,759
(b) Motor vehicle emissions; 15,761
(c) Motor vehicle product alterations, recalls, or 15,763
advisories; 15,764
(d) Performance monitoring of motor vehicles and dealers 15,767
by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner 15,770
records of motor vehicle manufacturers.
(2) In addition to the disclosure required under division 15,772
(B)(1) of this section, on and after September 13, 1997, the 15,774
registrar, or an employee or contractor of the bureau of motor 15,775
vehicles, may disclose personal information about an individual 15,776
that the bureau obtained in connection with a motor vehicle 15,777
record, as follows:
(a) For the use of a government agency, including, but not 15,780
limited to, a court or law enforcement agency, in carrying out
its functions, or for the use of a private person or entity 15,781
acting on behalf of an agency of this state, another state, the 15,782
United States, or a political subdivision of this state or 15,784
another state in carrying out its functions;
(b) For use in connection with matters regarding motor 15,787
vehicle or driver safety and theft; motor vehicle emissions;
369
motor vehicle product alterations, recalls, or advisories; 15,788
performance monitoring of motor vehicles, motor vehicle parts, 15,789
and dealers; motor vehicle market research activities, including, 15,791
but not limited to, survey research; and removal of non-owner 15,792
records from the original owner records of motor vehicle
manufacturers; 15,793
(c) For use in the normal course of business by a 15,795
legitimate business or an agent, employee, or contractor of a 15,796
legitimate business, but only for one of the following purposes: 15,797
(i) To verify the accuracy of personal information 15,799
submitted to the business, agent, employee, or contractor by an 15,800
individual;
(ii) If personal information submitted to the business, 15,803
agent, employee, or contractor by an individual is incorrect or
no longer is correct, to obtain the correct information, but only 15,804
for the purpose of preventing fraud, by pursuing legal remedies 15,805
against, or recovering on a debt or security interest against, 15,806
the individual.
(d) For use in connection with a civil, criminal, 15,808
administrative, or arbitral proceeding in a court or agency of 15,809
this state, another state, the United States, or a political 15,810
subdivision of this state or another state or before a 15,811
self-regulatory body, including, but not limited to, use in 15,812
connection with the service of process, investigation in
anticipation of litigation, or the execution or enforcement of a 15,813
judgment or order; 15,814
(e) Pursuant to an order of a court of this state, another 15,817
state, the United States, or a political subdivision of this
state or another state; 15,818
(f) For use in research activities or in producing 15,820
statistical reports, provided the personal information is not 15,821
published, redisclosed, or used to contact an individual; 15,822
(g) For use by an insurer, insurance support organization, 15,825
or self-insured entity, or by an agent, employee, or contractor
370
of that type of entity, in connection with any claims 15,826
investigation activity, anti-fraud activity, rating, or 15,827
underwriting;
(h) For use in providing notice to the owner of a towed, 15,830
impounded, immobilized, or forfeited vehicle;
(i) For use by any licensed private investigative agency 15,833
or licensed security service for any purpose permitted under
division (B)(2) of this section; 15,834
(j) For use by an employer or by the agent or insurer of 15,837
an employer to obtain or verify information relating to the
holder of a commercial driver's license or permit that is 15,838
required under the "Commercial Motor Vehicle Safety Act of 1986," 15,839
100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter 15,840
amended;
(k) For use in connection with the operation of a private 15,843
toll transportation facility;
(l) For any use not otherwise identified in division 15,845
(B)(2) of this section that is in response to a request for 15,847
individual motor vehicle records, if the bureau of motor vehicles 15,848
has provided both of the following in a clear and conspicuous 15,849
manner on forms for the issuance or renewal of driver's or 15,850
commercial driver's licenses, motor vehicle certificates of 15,851
title, motor vehicle registrations and identification license 15,852
plates, and identification cards:
(i) Notice that personal information collected by the 15,855
bureau on or in relation to the forms may be disclosed to any
person;
(ii) An opportunity for an individual who completes and 15,858
submits any of the forms to prohibit disclosures.
(m) For bulk distribution for surveys, marketing, or 15,860
solicitations, if the bureau of motor vehicles has implemented 15,861
methods and procedures to ensure both ALL of the following: 15,862
(i) That individuals are provided WRITTEN NOTICE, in a 15,865
clear and conspicuous manner, ON FORMS FOR THE ISSUANCE OR 15,867
371
RENEWAL OF DRIVER'S OR COMMERCIAL DRIVER'S LICENSES, MOTOR 15,869
VEHICLE CERTIFICATES OF TITLE, MOTOR VEHICLE REGISTRATIONS AND
LICENSE PLATES, AND IDENTIFICATION CARDS, AND VERBAL NOTICE WHEN 15,872
A TRANSACTION IS PERFORMED IN PERSON, THAT PERSONAL INFORMATION 15,873
COLLECTED BY THE BUREAU ON OR IN RELATION TO THE FORMS MAY BE 15,875
DISCLOSED FOR USES OF THIS NATURE; AND an opportunity to prohibit 15,876
uses of this nature BY COMPLETING AND SUBMITTING FORMS PROVIDED 15,878
BY THE BUREAU;
(ii) The information will be used, rented, or sold solely 15,881
for bulk distribution for surveys, marketing, or solicitations,
and that those surveys, marketing, and solicitations will not be 15,883
directed at an individual who has requested in a timely fashion 15,884
that the surveys, marketing, and solicitations not be directed at 15,885
that individual.
(n) For use by a person, state, or state agency that 15,887
requests the information, if the person, state, or state agency 15,888
demonstrates that it has obtained the written consent of the 15,889
individual to whom the information pertains; 15,890
(o) For any other use specifically authorized by law that 15,893
is related to the operation of a motor vehicle or to public
safety.
(C) On and after September 13, 1997, an authorized 15,896
recipient of personal information about an individual that the 15,897
bureau of motor vehicles obtained in connection with a motor 15,898
vehicle record, other than a recipient under division (B)(2)(l) 15,899
or (m) of this section, may resell or redisclose the personal 15,901
information only for a use permitted under division (B)(1), 15,902
(B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On 15,903
and after September 13, 1997, an authorized recipient of personal 15,904
information about an individual under division (B)(2)(l) of this 15,906
section may resell or redisclose the information for any purpose. 15,907
On and after September 13, 1997, an authorized recipient of 15,908
personal information under division (B)(2)(m) of this section may 15,911
resell or redisclose the information as specified pursuant to
372
that division. On and after September 13, 1997, an authorized 15,913
recipient of personal information about an individual under
division (B) of this section, other than a recipient under 15,916
division (B)(2)(l) of this section, that resells or rediscloses 15,917
any personal information covered by this section must keep for a 15,918
period of five years a record that identifies each person or 15,919
entity that receives any of the personal information and the
permitted purpose for which the information is to be used, and 15,920
must make all such records available to the registrar of motor 15,921
vehicles upon the registrar's request. 15,922
(D) The registrar may establish and carry out procedures 15,925
under which the registrar or the registrar's agents, upon receipt 15,927
of a request for personal information on or after September 13, 15,928
1997, that does not satisfy any of the criteria for disclosure of 15,929
the information that are set forth in division (B)(1) or (2) of 15,930
this section, may notify the individual about whom the 15,931
information was requested, by regular mail, that the request was 15,932
made. Any procedures so adopted shall provide that, if the 15,934
registrar or an agent of the registrar mails the notice to the
individual, the registrar or agent shall include with the notice 15,935
a copy of the request and conspicuously shall include in the 15,936
notice a statement that the information will not be released 15,937
unless the individual waives the individual's right to privacy 15,938
regarding the information that is granted under this section.
(E) The registrar of motor vehicles may adopt any forms 15,941
and rules, consistent with but no more restrictive than the
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 15,946
2721-2725, that are necessary to carry out the registrar's duties 15,947
under this section on and after September 13, 1997. 15,948
(F) Divisions (A) to (E) of this section do not apply to 15,951
the release of any personal information prior to September 13, 15,952
1997.
(G) As used in this section: 15,954
(1) "Motor vehicle record" means a record that pertains to 15,956
373
a motor vehicle driver's or commercial driver's license or 15,957
permit, a motor vehicle certificate of title, a motor vehicle 15,958
registration or motor vehicle identification license plates, or 15,959
an identification card issued by the bureau of motor vehicles. 15,960
(2) "Person" has the same meaning as in section 1.59 of 15,962
the Revised Code and does not include this state, another state, 15,963
or an agency of this state or another state. 15,964
(3) "Personal information" means information that 15,966
identifies an individual, including, but not limited to, an 15,967
individual's photograph or digital image, social security number, 15,969
driver or driver's license identification number, name, telephone 15,970
number, or medical or disability information, or an individual's
address other than the five-digit zip code number. "Personal 15,972
information" does not include information pertaining to a
vehicular accident, driving or traffic violation, or driver's 15,973
status.
(4) "Specified federal automobile-related act" means the 15,975
"automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 15,981
1231-1233, the "Motor Vehicle Information and Cost Saving Act," 15,986
86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and 15,990
Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, 15,995
et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 15,998
U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 16,002
U.S.C. 7401, et seq., all as now or hereafter amended. 16,004
Sec. 4511.191. (A) Any person who operates a vehicle upon 16,013
a highway or any public or private property used by the public 16,014
for vehicular travel or parking within this state shall be deemed 16,015
to have given consent to a chemical test or tests of the person's 16,017
blood, breath, or urine for the purpose of determining the 16,018
alcohol, drug, or alcohol and drug content of the person's blood, 16,019
breath, or urine if arrested for operating a vehicle while under 16,021
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,022
of abuse or for operating a vehicle with a prohibited 16,023
concentration of alcohol in the blood, breath, or urine. The 16,024
374
chemical test or tests shall be administered at the request of a 16,025
police officer having reasonable grounds to believe the person to 16,026
have been operating a vehicle upon a highway or any public or 16,027
private property used by the public for vehicular travel or 16,028
parking in this state while under the influence of alcohol, a 16,029
drug of abuse, or alcohol and a drug of abuse or with a 16,030
prohibited concentration of alcohol in the blood, breath, or 16,031
urine. The law enforcement agency by which the officer is 16,032
employed shall designate which of the tests shall be
administered. 16,033
(B) Any person who is dead or unconscious, or who is 16,035
otherwise in a condition rendering the person incapable of 16,036
refusal, shall be deemed not to have withdrawn consent as 16,038
provided by division (A) of this section and the test or tests 16,039
may be administered, subject to sections 313.12 to 313.16 of the 16,040
Revised Code. 16,041
(C)(1) Any person under arrest for operating a vehicle 16,043
while under the influence of alcohol, a drug of abuse, or alcohol 16,044
and a drug of abuse or for operating a vehicle with a prohibited 16,045
concentration of alcohol in the blood, breath, or urine shall be 16,046
advised at a police station, or at a hospital, first-aid station, 16,047
or clinic to which the person has been taken for first-aid or 16,048
medical treatment, of both of the following: 16,049
(a) The consequences, as specified in division (E) of this 16,051
section, of the person's refusal to submit upon request to a 16,052
chemical test designated by the law enforcement agency as 16,054
provided in division (A) of this section; 16,055
(b) The consequences, as specified in division (F) of this 16,057
section, of the person's submission to the designated chemical 16,059
test if the person is found to have a prohibited concentration of 16,060
alcohol in the blood, breath, or urine. 16,061
(2)(a) The advice given pursuant to division (C)(1) of 16,063
this section shall be in a written form containing the 16,064
information described in division (C)(2)(b) of this section and 16,065
375
shall be read to the person. The form shall contain a statement 16,066
that the form was shown to the person under arrest and read to 16,067
the person in the presence of the arresting officer and either 16,069
another police officer, a civilian police employee, or an 16,070
employee of a hospital, first-aid station, or clinic, if any, to 16,071
which the person has been taken for first-aid or medical 16,072
treatment. The witnesses shall certify to this fact by signing 16,073
the form.
(b) The form required by division (C)(2)(a) of this 16,075
section shall read as follows: 16,076
"You now are under arrest for operating a vehicle while 16,078
under the influence of alcohol, a drug of abuse, or both alcohol 16,079
and a drug of abuse and will be requested by a police officer to 16,080
submit to a chemical test to determine the concentration of 16,081
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 16,082
blood, breath, or urine. 16,083
If you refuse to submit to the requested test or if you 16,085
submit to the requested test and are found to have a prohibited 16,086
concentration of alcohol in your blood, breath, or urine, your 16,087
driver's or commercial driver's license or permit or nonresident 16,088
operating privilege immediately will be suspended for the period 16,089
of time specified by law by the officer, on behalf of the 16,090
registrar of motor vehicles. You may appeal this suspension at 16,091
your initial appearance before the court that hears the charges 16,092
against you resulting from the arrest, and your initial 16,093
appearance will be conducted no later than five days after the 16,094
arrest. This suspension is independent of the penalties for the 16,095
offense, and you may be subject to other penalties upon 16,096
conviction." 16,097
(D)(1) If a person under arrest as described in division 16,099
(C)(1) of this section is not asked by a police officer to submit 16,100
to a chemical test designated as provided in division (A) of this 16,101
section, the arresting officer shall seize the Ohio or 16,102
out-of-state driver's or commercial driver's license or permit of 16,103
376
the person and immediately forward the seized license or permit 16,104
to the court in which the arrested person is to appear on the 16,105
charge for which the person was arrested. If the arrested person 16,106
does not have the person's driver's or commercial driver's 16,107
license or permit on the person's self or in the person's 16,108
vehicle, the arresting officer shall order the arrested person to 16,110
surrender it to the law enforcement agency that employs the 16,112
officer within twenty-four hours after the arrest, and, upon the 16,113
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 16,115
person is to appear on the charge for which the person was 16,116
arrested. Upon receipt of the license or permit, the court shall 16,118
retain it pending the initial appearance of the arrested person 16,119
and any action taken under section 4511.196 of the Revised Code. 16,120
If a person under arrest as described in division (C)(1) of 16,122
this section is asked by a police officer to submit to a chemical 16,123
test designated as provided in division (A) of this section and 16,124
is advised of the consequences of the person's refusal or 16,125
submission as provided in division (C) of this section and if the 16,126
person either refuses to submit to the designated chemical test 16,127
or the person submits to the designated chemical test and the 16,128
test results indicate that the person's blood contained a 16,129
concentration of ten-hundredths of one per cent or more by weight 16,130
of alcohol, the person's breath contained a concentration of 16,131
ten-hundredths of one gram or more by weight of alcohol per two 16,132
hundred ten liters of the person's breath, or the person's urine 16,133
contained a concentration of fourteen-hundredths of one gram or 16,135
more by weight of alcohol per one hundred milliliters of the 16,136
person's urine at the time of the alleged offense, the arresting 16,138
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 16,140
suspension upon the person that advises the person that, 16,141
independent of any penalties or sanctions imposed upon the person 16,143
pursuant to any other section of the Revised Code or any other
377
municipal ordinance, the person's driver's or commercial driver's 16,145
license or permit or nonresident operating privilege is 16,146
suspended, that the suspension takes effect immediately, that the 16,147
suspension will last at least until the person's initial 16,148
appearance on the charge that will be held within five days after 16,150
the date of the person's arrest or the issuance of a citation to 16,152
the person, and that the person may appeal the suspension at the 16,154
initial appearance; seize the Ohio or out-of-state driver's or 16,155
commercial driver's license or permit of the person; and 16,156
immediately forward the seized license or permit to the 16,157
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the person's 16,158
self or in the person's vehicle, the arresting officer shall 16,160
order the person to surrender it to the law enforcement agency 16,161
that employs the officer within twenty-four hours after the 16,162
service of the notice of suspension, and, upon the surrender, the 16,163
officer's employing agency immediately shall forward the license 16,164
or permit to the registrar. 16,165
(b) Verify the current residence of the person and, if it 16,167
differs from that on the person's driver's or commercial driver's 16,168
license or permit, notify the registrar of the change; 16,169
(c) In addition to forwarding the arrested person's 16,171
driver's or commercial driver's license or permit to the 16,172
registrar, send to the registrar, within forty-eight hours after 16,173
the arrest of the person, a sworn report that includes all of the 16,174
following statements: 16,175
(i) That the officer had reasonable grounds to believe 16,177
that, at the time of the arrest, the arrested person was 16,178
operating a vehicle upon a highway or public or private property 16,179
used by the public for vehicular travel or parking within this 16,180
state while under the influence of alcohol, a drug of abuse, or 16,181
alcohol and a drug of abuse or with a prohibited concentration of 16,182
alcohol in the blood, breath, or urine; 16,183
(ii) That the person was arrested and charged with 16,185
378
operating a vehicle while under the influence of alcohol, a drug 16,186
of abuse, or alcohol and a drug of abuse or with operating a 16,187
vehicle with a prohibited concentration of alcohol in the blood, 16,188
breath, or urine; 16,189
(iii) That the officer asked the person to take the 16,191
designated chemical test, advised the person of the consequences 16,192
of submitting to the chemical test or refusing to take the 16,193
chemical test, and gave the person the form described in division 16,194
(C)(2) of this section; 16,195
(iv) That the person refused to submit to the chemical 16,197
test or that the person submitted to the chemical test and the 16,198
test results indicate that the person's blood contained a 16,199
concentration of ten-hundredths of one per cent or more by weight 16,201
of alcohol, the person's breath contained a concentration of 16,202
ten-hundredths of one gram or more by weight of alcohol per two 16,203
hundred ten liters of the person's breath, or the person's urine 16,204
contained a concentration of fourteen-hundredths of one gram or 16,206
more by weight of alcohol per one hundred milliliters of the 16,207
person's urine at the time of the alleged offense; 16,209
(v) That the officer served a notice of suspension upon 16,211
the person as described in division (D)(1)(a) of this section. 16,212
(2) The sworn report of an arresting officer completed 16,214
under division (D)(1)(c) of this section shall be given by the 16,215
officer to the arrested person at the time of the arrest or sent 16,216
to the person by regular first class mail by the registrar as 16,217
soon thereafter as possible, but no later than fourteen days 16,218
after receipt of the report. An arresting officer may give an 16,219
unsworn report to the arrested person at the time of the arrest 16,220
provided the report is complete when given to the arrested person 16,221
and subsequently is sworn to by the arresting officer. As soon 16,222
as possible, but no later than forty-eight hours after the arrest 16,223
of the person, the arresting officer shall send a copy of the 16,224
sworn report to the court in which the arrested person is to 16,225
appear on the charge for which the person was arrested. 16,226
379
(3) The sworn report of an arresting officer completed and 16,228
sent to the registrar and the court under divisions (D)(1)(c) and 16,229
(D)(2) of this section is prima-facie proof of the information 16,230
and statements that it contains and shall be admitted and 16,231
considered as prima-facie proof of the information and statements 16,232
that it contains in any appeal under division (H) of this section 16,233
relative to any suspension of a person's driver's or commercial 16,234
driver's license or permit or nonresident operating privilege 16,235
that results from the arrest covered by the report. 16,236
(E)(1) Upon receipt of the sworn report of an arresting 16,238
officer completed and sent to the registrar and a court pursuant 16,239
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 16,240
person who refused to take the designated chemical test, the 16,241
registrar shall enter into the registrar's records the fact that 16,243
the person's driver's or commercial driver's license or permit or 16,244
nonresident operating privilege was suspended by the arresting 16,245
officer under division (D)(1)(a) of this section and the period 16,246
of the suspension, as determined under divisions (E)(1)(a) to (d) 16,247
of this section. The suspension shall be subject to appeal as 16,248
provided in this section and shall be for whichever of the 16,249
following periods applies: 16,250
(a) If the arrested person, within five years of the date 16,252
on which the person refused the request to consent to the 16,253
chemical test, had not refused a previous request to consent to a 16,255
chemical test of the person's blood, breath, or urine to 16,256
determine its alcohol content, the period of suspension shall be 16,258
one year. If the person is a resident without a license or 16,259
permit to operate a vehicle within this state, the registrar 16,260
shall deny to the person the issuance of a driver's or commercial 16,261
driver's license or permit for a period of one year after the 16,262
date of the alleged violation.
(b) If the arrested person, within five years of the date 16,264
on which the person refused the request to consent to the 16,265
chemical test, had refused one previous request to consent to a 16,267
380
chemical test of the person's blood, breath, or urine to 16,268
determine its alcohol content, the period of suspension or denial 16,270
shall be two years.
(c) If the arrested person, within five years of the date 16,272
on which the person refused the request to consent to the 16,273
chemical test, had refused two previous requests to consent to a 16,275
chemical test of the person's blood, breath, or urine to 16,276
determine its alcohol content, the period of suspension or denial 16,278
shall be three years.
(d) If the arrested person, within five years of the date 16,280
on which the person refused the request to consent to the 16,281
chemical test, had refused three or more previous requests to 16,283
consent to a chemical test of the person's blood, breath, or 16,284
urine to determine its alcohol content, the period of suspension 16,286
or denial shall be five years. 16,287
(2) The suspension or denial imposed under division (E)(1) 16,289
of this section shall continue for the entire one-year, two-year, 16,290
three-year, or five-year period, subject to appeal as provided in 16,291
this section and subject to termination as provided in division 16,292
(K) of this section. 16,293
(F) Upon receipt of the sworn report of an arresting 16,295
officer completed and sent to the registrar and a court pursuant 16,296
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 16,297
person whose test results indicate that the person's blood 16,298
contained a concentration of ten-hundredths of one per cent or 16,300
more by weight of alcohol, the person's breath contained a 16,301
concentration of ten-hundredths of one gram or more by weight of 16,302
alcohol per two hundred ten liters of the person's breath, or the 16,304
person's urine contained a concentration of fourteen-hundredths 16,305
of one gram or more by weight of alcohol per one hundred 16,306
milliliters of the person's urine at the time of the alleged 16,307
offense, the registrar shall enter into the registrar's records 16,308
the fact that the person's driver's or commercial driver's 16,310
license or permit or nonresident operating privilege was
381
suspended by the arresting officer under division (D)(1)(a) of 16,311
this section and the period of the suspension, as determined 16,312
under divisions (F)(1) to (4) of this section. The suspension 16,313
shall be subject to appeal as provided in this section and shall 16,314
be for whichever of the following periods that applies: 16,315
(1) Except when division (F)(2), (3), or (4) of this 16,317
section applies and specifies a different period of suspension or 16,318
denial, the period of the suspension or denial shall be ninety 16,319
days.
(2) If the person has been convicted, within six years of 16,321
the date the test was conducted, of one violation of division (A) 16,324
or (B) of section 4511.19 of the Revised Code, a municipal 16,325
ordinance relating to operating a vehicle while under the 16,326
influence of alcohol, a drug of abuse, or alcohol and a drug of 16,327
abuse, a municipal ordinance relating to operating a vehicle with 16,328
a prohibited concentration of alcohol in the blood, breath, or 16,329
urine, section 2903.04 of the Revised Code in a case in which the 16,330
offender was subject to the sanctions described in division (D) 16,331
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,332
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 16,333
the jury or judge found that at the time of the commission of the 16,334
offense the offender was under the influence of alcohol, a drug 16,335
of abuse, or alcohol and a drug of abuse, or a statute of the 16,336
United States or of any other state or a municipal ordinance of a 16,337
municipal corporation located in any other state that is 16,338
substantially similar to division (A) or (B) of section 4511.19 16,339
of the Revised Code, the period of the suspension or denial shall 16,340
be one year.
(3) If the person has been convicted, within six years of 16,342
the date the test was conducted, of two violations of a statute 16,343
or ordinance described in division (F)(2) of this section, the 16,345
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 16,347
382
the date the test was conducted, of more than two violations of a 16,348
statute or ordinance described in division (F)(2) of this 16,349
section, the period of the suspension or denial shall be three 16,350
years. 16,351
(G)(1) A suspension of a person's driver's or commercial 16,353
driver's license or permit or nonresident operating privilege 16,354
under division (D)(1)(a) of this section for the period of time 16,355
described in division (E) or (F) of this section is effective 16,356
immediately from the time at which the arresting officer serves 16,357
the notice of suspension upon the arrested person. Any 16,358
subsequent finding that the person is not guilty of the charge 16,359
that resulted in the person being requested to take, or in the 16,361
person taking, the chemical test or tests under division (A) of 16,362
this section affects the suspension only as described in division 16,363
(H)(2) of this section. 16,364
(2) If a person is arrested for operating a vehicle while 16,366
under the influence of alcohol, a drug of abuse, or alcohol and a 16,367
drug of abuse or for operating a vehicle with a prohibited 16,368
concentration of alcohol in the blood, breath, or urine and 16,369
regardless of whether the person's driver's or commercial 16,370
driver's license or permit or nonresident operating privilege is 16,371
or is not suspended under division (E) or (F) of this section, 16,372
the person's initial appearance on the charge resulting from the 16,373
arrest shall be held within five days of the person's arrest or 16,374
the issuance of the citation to the person, subject to any 16,375
continuance granted by the court pursuant to division (H)(1) of 16,377
this section regarding the issues specified in that division. 16,378
(H)(1) If a person is arrested for operating a vehicle 16,380
while under the influence of alcohol, a drug of abuse, or alcohol 16,381
and a drug of abuse or for operating a vehicle with a prohibited 16,382
concentration of alcohol in the blood, breath, or urine and if 16,383
the person's driver's or commercial driver's license or permit or 16,384
nonresident operating privilege is suspended under division (E) 16,385
or (F) of this section, the person may appeal the suspension at 16,386
383
the person's initial appearance on the charge resulting from the 16,389
arrest in the court in which the person will appear on that 16,390
charge. If the person appeals the suspension at the person's 16,391
initial appearance, the appeal does not stay the operation of the 16,392
suspension. Subject to division (H)(2) of this section, no court 16,393
has jurisdiction to grant a stay of a suspension imposed under 16,394
division (E) or (F) of this section, and any order issued by any 16,395
court that purports to grant a stay of any suspension imposed 16,396
under either of those divisions shall not be given administrative 16,397
effect.
If the person appeals the suspension at the person's 16,399
initial appearance, either the person or the registrar may 16,400
request a continuance of the appeal. Either the person or the 16,402
registrar shall make the request for a continuance of the appeal 16,403
at the same time as the making of the appeal. If either the 16,404
person or the registrar requests a continuance of the appeal, the 16,405
court may grant the continuance. The court also may continue the 16,406
appeal on its own motion. The granting of a continuance applies 16,407
only to the conduct of the appeal of the suspension and does not 16,408
extend the time within which the initial appearance must be 16,409
conducted, and the court shall proceed with all other aspects of 16,410
the initial appearance in accordance with its normal procedures. 16,411
Neither the request for nor the granting of a continuance stays 16,412
the operation of the suspension that is the subject of the 16,413
appeal.
If the person appeals the suspension at the person's 16,415
initial appearance, the scope of the appeal is limited to 16,416
determining whether one or more of the following conditions have 16,417
not been met: 16,418
(a) Whether the law enforcement officer had reasonable 16,420
ground to believe the arrested person was operating a vehicle 16,421
upon a highway or public or private property used by the public 16,422
for vehicular travel or parking within this state while under the 16,423
influence of alcohol, a drug of abuse, or alcohol and a drug of 16,424
384
abuse or with a prohibited concentration of alcohol in the blood, 16,425
breath, or urine and whether the arrested person was in fact 16,426
placed under arrest; 16,427
(b) Whether the law enforcement officer requested the 16,429
arrested person to submit to the chemical test designated 16,430
pursuant to division (A) of this section; 16,431
(c) Whether the arresting officer informed the arrested 16,433
person of the consequences of refusing to be tested or of 16,434
submitting to the test; 16,435
(d) Whichever of the following is applicable: 16,437
(i) Whether the arrested person refused to submit to the 16,439
chemical test requested by the officer; 16,440
(ii) Whether the chemical test results indicate that the 16,442
arrested person's blood contained a concentration of 16,443
ten-hundredths of one per cent or more by weight of alcohol, the 16,445
person's breath contained a concentration of ten-hundredths of 16,447
one gram or more by weight of alcohol per two hundred ten liters 16,448
of the person's breath, or the person's urine contained a 16,449
concentration of fourteen-hundredths of one gram or more by 16,451
weight of alcohol per one hundred milliliters of the person's 16,452
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 16,454
appearance, the judge or referee of the court or the mayor of the 16,455
mayor's court shall determine whether one or more of the 16,456
conditions specified in divisions (H)(1)(a) to (d) of this 16,457
section have not been met. The person who appeals the suspension 16,458
has the burden of proving, by a preponderance of the evidence, 16,459
that one or more of the specified conditions has not been met. 16,460
If during the appeal at the initial appearance the judge or 16,461
referee of the court or the mayor of the mayor's court determines 16,462
that all of those conditions have been met, the judge, referee, 16,463
or mayor shall uphold the suspension, shall continue the 16,464
suspension, and shall notify the registrar of the decision on a 16,465
form approved by the registrar. Except as otherwise provided in 16,466
385
division (H)(2) of this section, if the suspension is upheld or 16,467
if the person does not appeal the suspension at the person's 16,468
initial appearance under division (H)(1) of this section, the 16,469
suspension shall continue until the complaint alleging the 16,470
violation for which the person was arrested and in relation to 16,471
which the suspension was imposed is adjudicated on the merits by 16,472
the judge or referee of the trial court or by the mayor of the 16,473
mayor's court. If the suspension was imposed under division (E) 16,474
of this section and it is continued under this division, any 16,475
subsequent finding that the person is not guilty of the charge 16,476
that resulted in the person being requested to take the chemical 16,477
test or tests under division (A) of this section does not 16,478
terminate or otherwise affect the suspension. If the suspension 16,479
was imposed under division (F) of this section and it is 16,480
continued under this division, the suspension shall terminate if, 16,481
for any reason, the person subsequently is found not guilty of 16,482
the charge that resulted in the person taking the chemical test 16,483
or tests under division (A) of this section. 16,484
If, during the appeal at the initial appearance, the judge 16,486
or referee of the trial court or the mayor of the mayor's court 16,487
determines that one or more of the conditions specified in 16,488
divisions (H)(1)(a) to (d) of this section have not been met, the 16,489
judge, referee, or mayor shall terminate the suspension, subject 16,490
to the imposition of a new suspension under division (B) of 16,491
section 4511.196 of the Revised Code; shall notify the registrar 16,492
of the decision on a form approved by the registrar; and, except 16,493
as provided in division (B) of section 4511.196 of the Revised 16,495
Code, shall order the registrar to return the driver's or 16,496
commercial driver's license or permit to the person or to take 16,497
such measures as may be necessary, if the license or permit was 16,498
destroyed under section 4507.55 of the Revised Code, to permit 16,499
the person to obtain a replacement driver's or commercial 16,500
driver's license or permit from the registrar or a deputy 16,501
registrar in accordance with that section. The court also shall 16,502
386
issue to the person a court order, valid for not more than ten 16,503
days from the date of issuance, granting the person operating 16,504
privileges for that period of time.
If the person appeals the suspension at the initial 16,506
appearance, the registrar shall be represented by the prosecuting 16,507
attorney of the county in which the arrest occurred if the 16,508
initial appearance is conducted in a juvenile court or county 16,509
court, except that if the arrest occurred within a city or 16,510
village within the jurisdiction of the county court in which the 16,511
appeal is conducted, the city director of law or village 16,512
solicitor of that city or village shall represent the registrar. 16,513
If the appeal is conducted in a municipal court, the registrar 16,514
shall be represented as provided in section 1901.34 of the 16,515
Revised Code. If the appeal is conducted in a mayor's court, the 16,516
registrar shall be represented by the city director of law, 16,517
village solicitor, or other chief legal officer of the municipal 16,518
corporation that operates that mayor's court. 16,519
(I)(1) If a person's driver's or commercial driver's 16,521
license or permit or nonresident operating privilege has been 16,522
suspended pursuant to division (E) of this section, and the 16,523
person, within the preceding seven years, has refused three 16,524
previous requests to consent to a chemical test of the person's 16,526
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 16,527
of division (A) or (B) of section 4511.19 of the Revised Code, a 16,528
municipal ordinance relating to operating a vehicle while under 16,529
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,530
of abuse, a municipal ordinance relating to operating a vehicle 16,531
with a prohibited concentration of alcohol in the blood, breath, 16,532
or urine, section 2903.04 of the Revised Code in a case in which 16,533
the person was subject to the sanctions described in division (D) 16,534
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,535
Revised Code or a municipal ordinance that is substantially 16,536
similar to section 2903.07 of the Revised Code in a case in which 16,537
387
the jury or judge found that the person was under the influence 16,538
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 16,539
statute of the United States or of any other state or a municipal 16,540
ordinance of a municipal corporation located in any other state 16,541
that is substantially similar to division (A) or (B) of section 16,542
4511.19 of the Revised Code, the person is not entitled to 16,543
request, and the court shall not grant to the person, 16,544
occupational driving privileges under this division. Any other 16,545
person whose driver's or commercial driver's license or 16,546
nonresident operating privilege has been suspended pursuant to 16,547
division (E) of this section may file a petition requesting 16,548
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 16,549
is a minor, juvenile court with jurisdiction over the related 16,551
criminal or delinquency case. The petition may be filed at any 16,552
time subsequent to the date on which the notice of suspension is 16,553
served upon the arrested person. The person shall pay the costs 16,554
of the proceeding, notify the registrar of the filing of the 16,555
petition, and send the registrar a copy of the petition. 16,556
In the proceedings, the registrar shall be represented by 16,558
the prosecuting attorney of the county in which the arrest 16,559
occurred if the petition is filed in the juvenile court, county 16,560
court, or common pleas court, except that, if the arrest occurred 16,561
within a city or village within the jurisdiction of the county 16,563
court in which the petition is filed, the city director of law or 16,564
village solicitor of that city or village shall represent the 16,565
registrar. If the petition is filed in the municipal court, the 16,566
registrar shall be represented as provided in section 1901.34 of 16,567
the Revised Code. If the petition is filed in a mayor's court, 16,568
the registrar shall be represented by the city director of law, 16,569
village solicitor, or other chief legal officer of the municipal 16,570
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 16,572
suspension would seriously affect the person's ability to 16,573
388
continue in the person's employment, may grant the person 16,574
occupational driving privileges during the period of suspension 16,576
imposed pursuant to division (E) of this section, subject to the 16,577
limitations contained in this division and division (I)(2) of 16,578
this section. The court may grant the occupational driving 16,579
privileges, subject to the limitations contained in this division 16,580
and division (I)(2) of this section, regardless of whether the 16,581
person appeals the suspension at the person's initial appearance 16,583
under division (H)(1) of this section or appeals the decision of 16,584
the court made pursuant to the appeal conducted at the initial 16,585
appearance, and, if the person has appealed the suspension or 16,586
decision, regardless of whether the matter at issue has been 16,587
heard or decided by the court. The court shall not grant 16,588
occupational driving privileges to any person who, within seven 16,589
years of the filing of the petition, has refused three previous 16,590
requests to consent to a chemical test of the person's blood, 16,592
breath, or urine to determine its alcohol content or has been 16,593
convicted of or pleaded guilty to three or more violations of 16,594
division (A) or (B) of section 4511.19 of the Revised Code, a 16,595
municipal ordinance relating to operating a vehicle while under 16,596
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,597
of abuse, a municipal ordinance relating to operating a vehicle 16,598
with a prohibited concentration of alcohol in the blood, breath, 16,599
or urine, section 2903.04 of the Revised Code in a case in which 16,600
the person was subject to the sanctions described in division (D) 16,601
of that section, or section 2903.06, 2903.07, or 2903.08 of the 16,602
Revised Code or a municipal ordinance that is substantially 16,603
similar to section 2903.07 of the Revised Code in a case in which 16,604
the jury or judge found that the person was under the influence 16,605
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 16,606
statute of the United States or of any other state or a municipal 16,607
ordinance of a municipal corporation located in any other state 16,608
that is substantially similar to division (A) or (B) of section 16,609
4511.19 of the Revised Code, and shall not grant occupational 16,610
389
driving privileges for employment as a driver of commercial motor 16,611
vehicles to any person who is disqualified from operating a 16,612
commercial motor vehicle under section 2301.374 or 4506.16 of the 16,613
Revised Code.
(2)(a) In granting occupational driving privileges under 16,615
division (I)(1) of this section, the court may impose any 16,616
condition it considers reasonable and necessary to limit the use 16,617
of a vehicle by the person. The court shall deliver to the 16,618
person a permit card, in a form to be prescribed by the court, 16,619
setting forth the time, place, and other conditions limiting the 16,620
defendant's use of a vehicle. The grant of occupational driving 16,621
privileges shall be conditioned upon the person's having the 16,622
permit in the person's possession at all times during which the 16,624
person is operating a vehicle. 16,625
A person granted occupational driving privileges who 16,627
operates a vehicle for other than occupational purposes, in 16,628
violation of any condition imposed by the court, or without 16,629
having the permit in the person's possession, is guilty of a 16,630
violation of section 4507.02 of the Revised Code. 16,632
(b) The court may not grant a person occupational driving 16,634
privileges under division (I)(1) of this section when prohibited 16,635
by a limitation contained in that division or during any of the 16,636
following periods of time: 16,637
(i) The first thirty days of suspension imposed upon a 16,639
person who, within five years of the date on which the person 16,640
refused the request to consent to a chemical test of the person's 16,642
blood, breath, or urine to determine its alcohol content and for 16,644
which refusal the suspension was imposed, had not refused a 16,645
previous request to consent to a chemical test of the person's 16,646
blood, breath, or urine to determine its alcohol content; 16,648
(ii) The first ninety days of suspension imposed upon a 16,650
person who, within five years of the date on which the person 16,651
refused the request to consent to a chemical test of the person's 16,653
blood, breath, or urine to determine its alcohol content and for 16,655
390
which refusal the suspension was imposed, had refused one 16,656
previous request to consent to a chemical test of the person's 16,657
blood, breath, or urine to determine its alcohol content; 16,659
(iii) The first year of suspension imposed upon a person 16,661
who, within five years of the date on which the person refused 16,663
the request to consent to a chemical test of the person's blood, 16,665
breath, or urine to determine its alcohol content and for which 16,666
refusal the suspension was imposed, had refused two previous 16,667
requests to consent to a chemical test of the person's blood, 16,668
breath, or urine to determine its alcohol content; 16,670
(iv) The first three years of suspension imposed upon a 16,672
person who, within five years of the date on which the person 16,673
refused the request to consent to a chemical test of the person's 16,675
blood, breath, or urine to determine its alcohol content and for 16,677
which refusal the suspension was imposed, had refused three or 16,678
more previous requests to consent to a chemical test of the 16,679
person's blood, breath, or urine to determine its alcohol 16,681
content.
(3) The court shall give information in writing of any 16,683
action taken under this section to the registrar. 16,684
(4) If a person's driver's or commercial driver's license 16,686
or permit or nonresident operating privilege has been suspended 16,687
pursuant to division (F) of this section, and the person, within 16,688
the preceding seven years, has been convicted of or pleaded 16,689
guilty to three or more violations of division (A) or (B) of 16,690
section 4511.19 of the Revised Code, a municipal ordinance 16,691
relating to operating a vehicle while under the influence of 16,692
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 16,693
municipal ordinance relating to operating a vehicle with a 16,694
prohibited concentration of alcohol in the blood, breath, or 16,695
urine, section 2903.04 of the Revised Code in a case in which the 16,696
person was subject to the sanctions described in division (D) of 16,697
that section, or section 2903.06, 2903.07, or 2903.08 of the 16,698
Revised Code or a municipal ordinance that is substantially 16,699
391
similar to section 2903.07 of the Revised Code in a case in which 16,700
the jury or judge found that the person was under the influence 16,701
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 16,702
statute of the United States or of any other state or a municipal 16,703
ordinance of a municipal corporation located in any other state 16,705
that is substantially similar to division (A) or (B) of section 16,706
4511.19 of the Revised Code, the person is not entitled to 16,707
request, and the court shall not grant to the person, 16,708
occupational driving privileges under this division. Any other 16,709
person whose driver's or commercial driver's license or 16,710
nonresident operating privilege has been suspended pursuant to 16,711
division (F) of this section may file in the court specified in 16,712
division (I)(1) of this section a petition requesting 16,713
occupational driving privileges in accordance with section 16,714
4507.16 of the Revised Code. The petition may be filed at any 16,715
time subsequent to the date on which the arresting officer serves 16,716
the notice of suspension upon the arrested person. Upon the 16,717
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 16,718
The court may grant the occupational driving privileges, subject 16,719
to the limitations contained in section 4507.16 of the Revised 16,720
Code, regardless of whether the person appeals the suspension at 16,721
the person's initial appearance under division (H)(1) of this 16,723
section or appeals the decision of the court made pursuant to the 16,724
appeal conducted at the initial appearance, and, if the person 16,725
has appealed the suspension or decision, regardless of whether 16,726
the matter at issue has been heard or decided by the court. 16,727
(J) When it finally has been determined under the 16,729
procedures of this section that a nonresident's privilege to 16,730
operate a vehicle within this state has been suspended, the 16,731
registrar shall give information in writing of the action taken 16,732
to the motor vehicle administrator of the state of the person's 16,733
residence and of any state in which the person has a license. 16,734
(K) A suspension of the driver's or commercial driver's 16,736
392
license or permit of a resident, a suspension of the operating 16,737
privilege of a nonresident, or a denial of a driver's or 16,738
commercial driver's license or permit pursuant to division (E) or 16,740
(F) of this section shall be terminated by the registrar upon 16,742
receipt of notice of the person's entering a plea of guilty to, 16,743
or of the person's conviction of, operating a vehicle while under 16,745
the influence of alcohol, a drug of abuse, or alcohol and a drug 16,746
of abuse or with a prohibited concentration of alcohol in the 16,747
blood, breath, or urine, if the offense for which the plea is
entered or that resulted in the conviction arose from the same 16,748
incident that led to the suspension or denial. 16,749
The registrar shall credit against any judicial suspension 16,751
of a person's driver's or commercial driver's license or permit 16,752
or nonresident operating privilege imposed pursuant to division 16,753
(B) or (E) of section 4507.16 of the Revised Code any time during 16,754
which the person serves a related suspension imposed pursuant to 16,755
division (E) or (F) of this section. 16,756
(L) At the end of a suspension period under this section, 16,758
section 4511.196, or division (B) of section 4507.16 of the 16,759
Revised Code and upon the request of the person whose driver's or 16,760
commercial driver's license or permit was suspended and who is 16,761
not otherwise subject to suspension, revocation, or 16,762
disqualification, the registrar shall return the driver's or 16,763
commercial driver's license or permit to the person upon the 16,764
person's compliance with all of the conditions specified in 16,766
divisions (L)(1) and (2) of this section: 16,767
(1) A showing by the person that the person has proof of 16,769
financial responsibility, a policy of liability insurance in 16,771
effect that meets the minimum standards set forth in section 16,772
4509.51 of the Revised Code, or proof, to the satisfaction of the 16,773
registrar, that the person is able to respond in damages in an 16,774
amount at least equal to the minimum amounts specified in section 16,775
4509.51 of the Revised Code. 16,776
(2) Subject to the limitation contained in division (L)(3) 16,779
393
of this section, payment by the person of a license reinstatement 16,780
fee of four hundred five dollars to the bureau of motor vehicles, 16,783
which fee shall be deposited in the state treasury and credited 16,784
as follows: 16,785
(a) One hundred twelve dollars and fifty cents shall be 16,788
credited to the drivers' STATEWIDE treatment and intervention 16,789
PREVENTION fund, which is hereby established CREATED BY SECTION 16,790
4301.30 OF THE REVISED CODE. The fund shall be used to pay the 16,791
costs of driver treatment and intervention programs operated 16,792
pursuant to sections 3793.02 and 3793.10 of the Revised Code. 16,793
The director of alcohol and drug addiction services shall 16,794
determine the share of the fund that is to be allocated to 16,795
alcohol and drug addiction programs authorized by section 3793.02 16,796
of the Revised Code, and the share of the fund that is to be 16,797
allocated to drivers' intervention programs authorized by section 16,798
3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the 16,800
reparations fund created by section 2743.191 of the Revised Code. 16,802
(c) Thirty-seven dollars and fifty cents shall be credited 16,805
to the indigent drivers alcohol treatment fund, which is hereby 16,806
established. Except as otherwise provided in division (L)(2)(c) 16,808
of this section, moneys in the fund shall be distributed by the 16,809
department of alcohol and drug addiction services to the county 16,810
indigent drivers alcohol treatment funds, the county juvenile 16,811
indigent drivers alcohol treatment funds, and the municipal 16,812
indigent drivers alcohol treatment funds that are required to be 16,813
established by counties and municipal corporations pursuant to 16,814
division (N) of this section, and shall be used only to pay the 16,815
cost of an alcohol and drug addiction treatment program attended 16,816
by an offender or juvenile traffic offender who is ordered to 16,817
attend an alcohol and drug addiction treatment program by a 16,818
county, juvenile, or municipal court judge and who is determined 16,819
by the county, juvenile, or municipal court judge not to have the 16,820
means to pay for attendance at the program or to pay the costs
394
specified in division (N)(4) of this section in accordance with 16,821
that division. Moneys in the fund that are not distributed to a 16,823
county indigent drivers alcohol treatment fund, a county juvenile 16,824
indigent drivers alcohol treatment fund, or a municipal indigent 16,825
drivers alcohol treatment fund under division (N) of this section 16,826
because the director of alcohol and drug addiction services does 16,827
not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was 16,828
arrested may be transferred by the director of budget and 16,829
management to the drivers' STATEWIDE treatment and intervention 16,830
PREVENTION fund, created in division (L)(2)(a) of this BY section 16,831
4301.30 OF THE REVISED CODE, upon certification of the amount by 16,832
the director of alcohol and drug addiction services. 16,834
(d) Seventy-five dollars shall be credited to the Ohio 16,836
rehabilitation services commission established by section 3304.12 16,837
of the Revised Code, to the services for rehabilitation fund, 16,838
which is hereby established. The fund shall be used to match 16,839
available federal matching funds where appropriate, and for any 16,840
other purpose or program of the commission to rehabilitate people 16,841
with disabilities to help them become employed and independent. 16,842
(e) Seventy-five dollars shall be deposited into the state 16,845
treasury and credited to the drug abuse resistance education 16,846
programs fund, which is hereby established, to be used by the 16,847
attorney general for the purposes specified in division (L)(4) of 16,849
this section.
(f) Thirty dollars shall be credited to the state bureau 16,851
of motor vehicles fund created by section 4501.25 of the Revised 16,852
Code.
(3) If a person's driver's or commercial driver's license 16,854
or permit is suspended under division (E) or (F) of this section, 16,856
section 4511.196, or division (B) of section 4507.16 of the 16,857
Revised Code, or any combination of the suspensions described in 16,858
division (L)(3) of this section, and if the suspensions arise 16,859
from a single incident or a single set of facts and
395
circumstances, the person is liable for payment of, and shall be 16,860
required to pay to the bureau, only one reinstatement fee of four 16,861
hundred five dollars. The reinstatement fee shall be distributed 16,862
by the bureau in accordance with division (L)(2) of this section. 16,863
(4) The attorney general shall use amounts in the drug 16,865
abuse resistance education programs fund to award grants to law 16,866
enforcement agencies to establish and implement drug abuse 16,867
resistance education programs in public schools. Grants awarded 16,868
to a law enforcement agency under division (L)(2)(e) of this 16,869
section shall be used by the agency to pay for not more than 16,870
fifty per cent of the amount of the salaries of law enforcement 16,871
officers who conduct drug abuse resistance education programs in 16,872
public schools. The attorney general shall not use more than six 16,873
per cent of the amounts the attorney general's office receives 16,875
under division (L)(2)(e) of this section to pay the costs it 16,876
incurs in administering the grant program established by division 16,877
(L)(2)(e) of this section and in providing training and materials 16,878
relating to drug abuse resistance education programs. 16,879
The attorney general shall report to the governor and the 16,881
general assembly each fiscal year on the progress made in 16,882
establishing and implementing drug abuse resistance education 16,883
programs. These reports shall include an evaluation of the 16,884
effectiveness of these programs. 16,885
(M) Suspension of a commercial driver's license under 16,887
division (E) or (F) of this section shall be concurrent with any 16,888
period of disqualification under section 2301.374 or 4506.16 of 16,889
the Revised Code. No person who is disqualified for life from 16,890
holding a commercial driver's license under section 4506.16 of 16,891
the Revised Code shall be issued a driver's license under Chapter 16,892
4507. of the Revised Code during the period for which the 16,893
commercial driver's license was suspended under division (E) or 16,894
(F) of this section, and no person whose commercial driver's 16,895
license is suspended under division (E) or (F) of this section 16,896
shall be issued a driver's license under that chapter during the 16,897
396
period of the suspension. 16,898
(N)(1) Each county shall establish an indigent drivers 16,900
alcohol treatment fund, each county shall establish a juvenile 16,901
indigent drivers alcohol treatment fund, and each municipal 16,902
corporation in which there is a municipal court shall establish 16,903
an indigent drivers alcohol treatment fund. All revenue that the 16,904
general assembly appropriates to the indigent drivers alcohol 16,905
treatment fund for transfer to a county indigent drivers alcohol 16,906
treatment fund, a county juvenile indigent drivers alcohol 16,907
treatment fund, or a municipal indigent drivers alcohol treatment 16,908
fund, all portions of fees that are paid under division (L) of 16,909
this section and that are credited under that division to the 16,910
indigent drivers alcohol treatment fund in the state treasury for 16,911
a county indigent drivers alcohol treatment fund, a county 16,912
juvenile indigent drivers alcohol treatment fund, or a municipal 16,913
indigent drivers alcohol treatment fund, and all portions of 16,914
fines that are specified for deposit into a county or municipal 16,915
indigent drivers alcohol treatment fund by section 4511.193 of 16,916
the Revised Code shall be deposited into that county indigent 16,917
drivers alcohol treatment fund, county juvenile indigent drivers 16,918
alcohol treatment fund, or municipal indigent drivers alcohol 16,919
treatment fund in accordance with division (N)(2) of this 16,920
section. Additionally, all portions of fines that are paid for a 16,921
violation of section 4511.19 of the Revised Code or division 16,922
(B)(2) of section 4507.02 of the Revised Code, and that are 16,923
required under division (A)(1) or (2) of section 4511.99 or 16,924
division (B)(5) of section 4507.99 of the Revised Code to be 16,925
deposited into a county indigent drivers alcohol treatment fund 16,926
or municipal indigent drivers alcohol treatment fund shall be 16,927
deposited into the appropriate fund in accordance with the 16,928
applicable division. 16,929
(2) That portion of the license reinstatement fee that is 16,931
paid under division (L) of this section and that is credited 16,932
under that division to the indigent drivers alcohol treatment 16,933
397
fund shall be deposited into a county indigent drivers alcohol 16,934
treatment fund, a county juvenile indigent drivers alcohol 16,935
treatment fund, or a municipal indigent drivers alcohol treatment 16,936
fund as follows: 16,937
(a) If the suspension in question was imposed under this 16,939
section, that portion of the fee shall be deposited as follows: 16,940
(i) If the fee is paid by a person who was charged in a 16,942
county court with the violation that resulted in the suspension, 16,943
the portion shall be deposited into the county indigent drivers 16,944
alcohol treatment fund under the control of that court; 16,945
(ii) If the fee is paid by a person who was charged in a 16,947
juvenile court with the violation that resulted in the 16,948
suspension, the portion shall be deposited into the county 16,949
juvenile indigent drivers alcohol treatment fund established in 16,950
the county served by the court; 16,951
(iii) If the fee is paid by a person who was charged in a 16,953
municipal court with the violation that resulted in the 16,954
suspension, the portion shall be deposited into the municipal 16,955
indigent drivers alcohol treatment fund under the control of that 16,956
court. 16,957
(b) If the suspension in question was imposed under 16,959
division (B) of section 4507.16 of the Revised Code, that portion 16,960
of the fee shall be deposited as follows: 16,961
(i) If the fee is paid by a person whose license or permit 16,963
was suspended by a county court, the portion shall be deposited 16,964
into the county indigent drivers alcohol treatment fund under the 16,965
control of that court; 16,966
(ii) If the fee is paid by a person whose license or 16,968
permit was suspended by a municipal court, the portion shall be 16,969
deposited into the municipal indigent drivers alcohol treatment 16,970
fund under the control of that court. 16,971
(3) Expenditures from a county indigent drivers alcohol 16,973
treatment fund, a county juvenile indigent drivers alcohol 16,974
treatment fund, or a municipal indigent drivers alcohol treatment 16,975
398
fund shall be made only upon the order of a county, juvenile, or 16,976
municipal court judge and only for payment of the cost of the 16,977
attendance at an alcohol and drug addiction treatment program of 16,978
a person who is convicted of, or found to be a juvenile traffic 16,979
offender by reason of, a violation of division (A) of section 16,980
4511.19 of the Revised Code or a substantially similar municipal 16,981
ordinance, who is ordered by the court to attend the alcohol and 16,982
drug addiction treatment program, and who is determined by the 16,983
court to be unable to pay the cost of attendance at the treatment 16,985
program or for payment of the costs specified in division (N)(4) 16,986
of this section in accordance with that division. The alcohol 16,987
and drug addiction services board or the board of alcohol, drug
addiction, and mental health services established pursuant to 16,989
section 340.02 or 340.021 of the Revised Code and serving the 16,991
alcohol, drug addiction, and mental health service district in 16,992
which the court is located shall administer the indigent drivers 16,993
alcohol treatment program of the court. When a court orders an 16,994
offender or juvenile traffic offender to attend an alcohol and 16,995
drug addiction treatment program, the board shall determine which 16,996
program is suitable to meet the needs of the offender or juvenile 16,997
traffic offender, and when a suitable program is located and 16,998
space is available at the program, the offender or juvenile 16,999
traffic offender shall attend the program designated by the 17,000
board. A reasonable amount not to exceed five per cent of the 17,001
amounts credited to and deposited into the county indigent 17,002
drivers alcohol treatment fund, the county juvenile indigent 17,003
drivers alcohol treatment fund, or the municipal indigent drivers 17,004
alcohol treatment fund serving every court whose program is 17,005
administered by that board shall be paid to the board to cover 17,006
the costs it incurs in administering those indigent drivers 17,007
alcohol treatment programs.
(4) If a county, juvenile, or municipal court determines, 17,009
in consultation with the alcohol and drug addiction services 17,010
board or the board of alcohol, drug addiction, and mental health 17,011
399
services established pursuant to section 340.02 or 340.021 of the 17,012
Revised Code and serving the alcohol, drug addiction, and mental 17,014
health district in which the court is located, that the funds in 17,015
the county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the 17,016
municipal indigent drivers alcohol treatment fund under the 17,017
control of the court are more than sufficient to satisfy the 17,018
purpose for which the fund was established, as specified in 17,019
divisions (N)(1) to (3) of this section, the court may declare a 17,020
surplus in the fund. If the court declares a surplus in the 17,021
fund, the court may expend the amount of the surplus in the fund
for alcohol and drug abuse assessment and treatment of persons 17,022
who are charged in the court with committing a criminal offense 17,023
or with being a delinquent child or juvenile traffic offender and 17,024
in relation to whom both of the following apply: 17,025
(a) The court determines that substance abuse was a 17,027
contributing factor leading to the criminal or delinquent 17,028
activity or the juvenile traffic offense with which the person is 17,029
charged.
(b) The court determines that the person is unable to pay 17,032
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used. 17,033
Sec. 4511.83. (A) As used in this section: 17,042
(1) "Ignition interlock device" means a device that 17,044
connects a breath analyzer to a motor vehicle's ignition system, 17,045
that is constantly available to monitor the concentration by 17,046
weight of alcohol in the breath of any person attempting to start 17,047
that motor vehicle by using its ignition system, and that deters 17,048
starting the motor vehicle by use of its ignition system unless 17,049
the person attempting to so start the vehicle provides an 17,050
appropriate breath sample for the device and the device 17,051
determines that the concentration by weight of alcohol in the 17,052
person's breath is below a preset level. 17,053
(2) "Offender with restricted driving privileges" means an 17,055
400
offender who is subject to an order that was issued under 17,056
division (F) of section 4507.16 of the Revised Code as a 17,057
condition of the granting of occupational driving privileges or 17,058
an offender whose driving privilege is restricted as a condition 17,059
of probation pursuant to division (G) of section 2951.02 of the 17,061
Revised Code. 17,062
(B)(1) Except in cases of a substantial emergency when no 17,064
other person is reasonably available to drive in response to the 17,065
emergency, no person shall knowingly rent, lease, or lend a motor 17,066
vehicle to any offender with restricted driving privileges, 17,067
unless the vehicle is equipped with a functioning ignition 17,068
interlock device that is certified pursuant to division (D) of 17,069
this section. 17,070
(2) Any offender with restricted driving privileges who 17,072
rents, leases, or borrows a motor vehicle from another person 17,073
shall notify the person who rents, leases, or lends the motor 17,074
vehicle to the offender that the offender has restricted driving 17,076
privileges and of the nature of the restriction. 17,077
(3) Any offender with restricted driving privileges who is 17,079
required to operate a motor vehicle owned by the offender's 17,080
employer in the course and scope of the offender's employment may 17,082
operate that vehicle without the installation of an ignition 17,084
interlock device, provided that the employer has been notified 17,085
that the offender has restricted driving privileges and of the 17,086
nature of the restriction and provided further that the offender 17,087
has proof of the employer's notification in the offender's 17,088
possession while operating the employer's vehicle for normal 17,090
business duties. A motor vehicle owned by a business that is 17,091
partly or entirely owned or controlled by an offender with 17,092
restricted driving privileges is not a motor vehicle owned by an 17,093
employer, for purposes of this division. 17,094
(C) If a court, pursuant to division (F) of section 17,096
4507.16 of the Revised Code, imposes the use of an ignition 17,097
interlock device as a condition of the granting of occupational 17,098
401
driving privileges, the court shall require the offender to 17,099
provide proof of compliance to the court at least once quarterly 17,100
or more frequently as ordered by the court in its discretion. If 17,101
a court imposes the use of an ignition interlock device as a 17,102
condition of probation under division (I) of section 2951.02 of 17,103
the Revised Code, the court shall require the offender to provide 17,104
proof of compliance to the court or probation officer prior to 17,105
issuing any driving privilege or continuing the probation status. 17,106
In either case in which a court imposes the use of such a device, 17,107
the offender, at least once quarterly or more frequently as 17,108
ordered by the court in its discretion, shall have the device 17,109
inspected as ordered by the court for accurate operation and 17,110
shall provide the results of the inspection to the court or, if 17,111
applicable, to the offender's probation officer. 17,112
(D)(1) The director of public safety, upon consultation 17,114
with the director of health and in accordance with Chapter 119. 17,115
of the Revised Code, shall certify ignition interlock devices and 17,116
shall publish and make available to the courts, without charge, a 17,117
list of approved devices together with information about the 17,118
manufacturers of the devices and where they may be obtained. The 17,119
cost of obtaining the certification of an ignition interlock 17,120
device shall be paid by the manufacturer of the device to the 17,121
director of public safety and shall be deposited in the drivers' 17,122
STATEWIDE treatment and intervention PREVENTION fund established 17,124
by section 4511.191 4301.30 of the Revised Code.
(2) The director of public safety, in accordance with 17,126
Chapter 119. of the Revised Code, shall adopt and publish rules 17,127
setting forth the requirements for obtaining the certification of 17,128
an ignition interlock device. No ignition interlock device shall 17,129
be certified by the director of public safety pursuant to 17,130
division (D)(1) of this section unless it meets the requirements 17,131
specified and published by the director in the rules adopted 17,132
pursuant to this division. The requirements shall include 17,133
provisions for setting a minimum and maximum calibration range 17,134
402
and shall include, but shall not be limited to, specifications 17,135
that the device complies with all of the following: 17,136
(a) It does not impede the safe operation of the vehicle. 17,138
(b) It has features that make circumvention difficult and 17,140
that do not interfere with the normal use of the vehicle. 17,141
(c) It correlates well with established measures of 17,143
alcohol impairment. 17,144
(d) It works accurately and reliably in an unsupervised 17,146
environment. 17,147
(e) It is resistant to tampering and shows evidence of 17,149
tampering if tampering is attempted. 17,150
(f) It is difficult to circumvent and requires 17,152
premeditation to do so. 17,153
(g) It minimizes inconvenience to a sober user. 17,155
(h) It requires a proper, deep-lung breath sample or other 17,157
accurate measure of the concentration by weight of alcohol in the 17,158
breath. 17,159
(i) It operates reliably over the range of automobile 17,161
environments. 17,162
(j) It is made by a manufacturer who is covered by product 17,164
liability insurance. 17,165
(3) The director of public safety may adopt, in whole or 17,167
in part, the guidelines, rules, regulations, studies, or 17,168
independent laboratory tests performed and relied upon by other 17,169
states, or their agencies or commissions, in the certification or 17,170
approval of ignition interlock devices. 17,171
(4) The director of public safety shall adopt rules in 17,173
accordance with Chapter 119. of the Revised Code for the design 17,174
of a warning label that shall be affixed to each ignition 17,175
interlock device upon installation. The label shall contain a 17,176
warning that any person tampering, circumventing, or otherwise 17,177
misusing the device is subject to a fine, imprisonment, or both 17,178
and may be subject to civil liability. 17,179
(E)(1) No offender with restricted driving privileges, 17,181
403
during any period that the offender is required to operate only a 17,183
motor vehicle equipped with an ignition interlock device, shall 17,184
request or permit any other person to breathe into the device or 17,185
start a motor vehicle equipped with the device, for the purpose 17,186
of providing the offender with an operable motor vehicle. 17,187
(2)(a) Except as provided in division (E)(2)(b) of this 17,189
section, no person shall breathe into an ignition interlock 17,190
device or start a motor vehicle equipped with an ignition 17,191
interlock device for the purpose of providing an operable motor 17,192
vehicle to an offender with restricted driving privileges. 17,193
(b) Division (E)(2)(a) of this section does not apply to 17,195
an offender with restricted driving privileges who breathes into 17,196
an ignition interlock device or starts a motor vehicle equipped 17,197
with an ignition interlock device for the purpose of providing 17,198
himself or herself THE OFFENDER with an operable motor vehicle. 17,199
(3) No unauthorized person shall tamper with or circumvent 17,201
the operation of an ignition interlock device. 17,202
Sec. 4703.36. (A) The state board of landscape architect 17,211
examiners shall register as a landscape architect each applicant 17,212
who demonstrates to the satisfaction of the board that the 17,213
applicant has met all requirements of section 4703.34 of the 17,214
Revised Code, or in lieu thereof, has complied with the 17,215
provisions of section 4703.341 or 4703.35 of the Revised Code. 17,216
The certificate issued to each individual shall be prima-facie 17,217
evidence of the right of the individual to whom it is issued to 17,218
represent himself or herself SELF as a landscape architect and to 17,220
enter the practice of landscape architecture, subject to sections 17,221
4703.30 to 4703.49 of the Revised Code. 17,222
(B) Each certificate of qualification issued and 17,224
registered shall authorize the holder to practice landscape 17,225
architecture as a landscape architect in this state from the date 17,226
of issuance until the last day of October next succeeding the 17,227
date upon which the certificate was issued OF EACH ODD-NUMBERED 17,228
CALENDAR YEAR, unless revoked or suspended for cause as provided 17,230
404
in section 4703.42 of the Revised Code THIS CHAPTER or suspended 17,231
pursuant to section 2301.373 of the Revised Code. LICENSE 17,232
RENEWAL SHALL BE CONDUCTED IN ACCORDANCE WITH THE STANDARD 17,233
LICENSE RENEWAL PROCEDURE IN CHAPTER 4745. OF THE REVISED CODE.
EACH RENEWAL SHALL BE RECORDED IN THE OFFICIAL REGISTER OF THE 17,234
BOARD.
(C) Each person registered by the board shall secure a 17,236
seal of the design prescribed by the board. All plans, 17,237
specifications, drawings, and other documents prepared by, or 17,238
under the direct supervision of, the landscape architect shall be 17,239
imprinted with such seal, in accordance with the requirements of 17,240
the board. 17,241
(D) Each certificate of authorization issued under 17,243
division (F) of section 4703.331 of the Revised Code shall 17,244
authorize the holder to provide landscape architectural services, 17,245
through the landscape architect designated as being in 17,246
responsible charge of the landscape architectural activities and 17,247
decisions, from the date of issuance until the last day of June 17,248
next succeeding the date upon which the certificate was issued 17,249
unless the certificate has been suspended or revoked for cause as 17,250
provided in section 4703.42 of the Revised Code. 17,251
Sec. 4703.37. (A) The state board of landscape architect 17,260
examiners shall establish an application fee for taking or 17,261
retaking the examination described in division (C) of section 17,262
4703.34 of the Revised Code at an amount adequate to cover all 17,263
rentals, compensation for proctors, and other expenses of the 17,264
board related to the examination except the expenses of procuring 17,265
and grading the examination OBTAINING REGISTRATION UNDER SECTION 17,266
4703.34 OF THE REVISED CODE AND A FEE FOR OBTAINING REGISTRATION 17,269
UNDER SECTION 4703.35 OF THE REVISED CODE. 17,270
(B) The board shall establish an examination fee for 17,271
taking the examination described in division (C) of section 17,272
4703.34 of the Revised Code at an amount adequate to cover the 17,273
expenses of procuring and grading the examination THE FEE TO 17,275
405
RESTORE AN EXPIRED CERTIFICATE OF QUALIFICATION IS THE RENEWAL 17,276
FEE FOR THE CURRENT CERTIFICATION PERIOD, PLUS THE RENEWAL FEE
FOR EACH PREVIOUS RENEWAL PERIOD IN WHICH THE CERTIFICATE WAS NOT 17,278
RENEWED, PLUS A PENALTY OF TWENTY-FIVE PER CENT OF THE TOTAL 17,279
RENEWAL FEES FOR EACH RENEWAL PERIOD OR PART THEREOF IN WHICH THE 17,280
CERTIFICATE WAS NOT RENEWED, ON THE CONDITION THAT THE MAXIMUM 17,281
FEE SHALL NOT EXCEED AN AMOUNT ESTABLISHED BY THE BOARD.
(C) The board ALSO shall establish reexamination THE 17,283
FOLLOWING fees for: 17,284
(1) THE FEE FOR TAKING OR retaking parts of the 17,287
examination described in division (C) of section 4703.34 of the 17,288
Revised Code at amounts AN AMOUNT adequate to cover the expenses 17,290
of procuring and grading such parts THE EXAMINATION PLUS A FEE 17,291
FOR RETAKING ALL OR PARTS OF THE REQUIRED EXAMINATION. 17,292
(D) The board shall establish the (2) THE fee to be paid 17,295
by an applicant for a certificate of qualification or duplicate 17,296
thereof, as issued to a landscape architect registered under 17,297
sections 4703.33 to 4703.38 of the Revised Code. 17,298
(E) The board shall establish the fee to be paid by an 17,300
applicant for registration under section 4703.35 of the Revised 17,301
Code. 17,302
(F) The board shall establish a (3) THE FEE FOR THE 17,305
BIENNIAL RENEWAL OF THE CERTIFICATE OF QUALIFICATION AND THE FEE 17,306
FOR A DUPLICATE RENEWAL CARD.
(4) THE fee to be charged an examinee for administering an 17,309
examination to him THE EXAMINEE on behalf of another 17,311
jurisdiction.
(G) The board shall establish the (5) THE fee for a 17,314
certificate of authorization issued under division (F) of section 17,315
4703.331 of the Revised Code and, the fee for annual renewal of a 17,316
certificate of authorization. The board shall establish, AND the 17,318
fee for a duplicate certificate of authorization. 17,320
(H) The board shall establish the fee for the annual 17,322
renewal of the certificate of qualification and the fee for a 17,323
406
duplicate renewal card. 17,324
(I) The fee to restore an expired certificate of 17,326
qualification shall be the renewal fee for the current year, plus 17,327
the renewal fee for each year in which the certificate was not 17,328
renewed, plus a penalty of ten per cent for each delinquent year 17,329
or part thereof; provided, however, the maximum fee shall not 17,330
exceed the combined fees and penalties for the current year and 17,331
the four previous years. 17,332
Sec. 4713.10. The state board of cosmetology shall charge 17,341
and collect the following fees: 17,342
(A) For application to take the examination for a license 17,344
to practice cosmetology, or any branch thereof, twenty-one 17,345
dollars; 17,346
(B) For the re-examination of any applicant who has 17,348
previously failed to pass the examination, fourteen dollars; 17,349
(C) For the issuance or renewal of a cosmetology, 17,351
manicurist, or esthetics instructor's license, twenty-five THIRTY 17,353
dollars; 17,354
(D) For the issuance or renewal of a managing 17,356
cosmetologist's, managing manicurist's, or managing esthetician's 17,357
license, twenty THIRTY dollars; 17,358
(E) For the issuance or renewal of a cosmetology school 17,360
license, two hundred fifty dollars; 17,361
(F) For the inspection and issuance of a new beauty salon, 17,363
nail salon, or esthetics salon or the change of name or ownership 17,364
of a beauty salon, nail salon, or esthetics salon license, fifty 17,365
SIXTY dollars; 17,367
(G) For the renewal of a beauty salon, nail salon, or 17,369
esthetics salon license, forty FIFTY dollars; 17,370
(H) For the issuance or renewal of a cosmetologist's, 17,372
manicurist's, or esthetician's license, twenty THIRTY dollars; 17,373
(I) For the restoration of any lapsed license which may be 17,375
restored pursuant to section 4713.11 of the Revised Code, and in 17,376
addition to the payments required by that section, twenty THIRTY 17,377
407
dollars; 17,378
(J) For the issuance of a license under section 4713.09 of 17,380
the Revised Code, fifty SIXTY dollars; 17,381
(K) For the issuance of a duplicate of any license, ten 17,383
FIFTEEN dollars; 17,384
(L) For the preparation and mailing of a licensee's 17,386
records to another state for a reciprocity license, fifty 17,387
dollars; 17,388
(M) For the processing of any fees related to a check from 17,390
a licensee returned to the board for insufficient funds, an 17,391
additional twenty dollars.
Each applicant shall, in addition to the fees specified, 17,393
furnish his THE APPLICANT'S own models. 17,394
Sec. 4713.17. The state board of cosmetology, pursuant to 17,403
an adjudicatory hearing under (A) IN ACCORDANCE WITH Chapter 17,405
119. of the Revised Code, THE STATE BOARD OF COSMETOLOGY may 17,406
impose one or more of the following sanctions: deny, revoke, or 17,407
suspend a license or permit issued by the board or impose a fine 17,408
of not more than one hundred dollars per violation. The
sanctions may be imposed for any of the following: 17,409
(A)(1) Failure of a person operating a nail salon, beauty 17,411
salon, esthetics salon, tanning facility, or school of 17,412
cosmetology to comply with the requirements of sections 4713.01 17,413
to 4713.25 of the Revised Code; 17,414
(B)(2) Failure to comply with the sanitary rules adopted 17,416
by the board or by the department of health for the regulation of 17,417
nail salons, beauty salons, esthetics salons, schools of 17,418
cosmetology, or the practice of cosmetology; 17,419
(C)(3) Failure of a person operating a beauty salon or 17,421
nail salon where massage services are provided under section 17,422
4713.14 of the Revised Code to ensure that the person providing 17,423
the massage services complies with the sanitary rules adopted by 17,424
the board or by the department of health for the regulation of 17,425
salons; 17,426
408
(D)(4) Continued practice by a person knowingly having an 17,428
infectious or contagious disease; 17,429
(E)(5) Habitual drunkenness or addiction to any 17,431
habit-forming drug; 17,432
(F)(6) Willful false and fraudulent or deceptive 17,434
advertising;
(G)(7) Falsification of any record or application required 17,436
to be filed with the board; 17,437
(8) FAILURE TO PAY A FINE OR ABIDE BY A SUSPENSION ORDER 17,439
ISSUED BY THE BOARD. 17,440
A person who is alleged to have violated a provision of 17,442
this chapter for which the board proposes to impose a fine may 17,443
pay the board the amount of the fine and waive his right to an 17,445
adjudicatory hearing under Chapter 119. of the Revised Code.
(B) IF A PERSON FAILS TO REQUEST A HEARING WITHIN THIRTY 17,447
DAYS OF THE DATE THE BOARD, IN ACCORDANCE WITH SECTION 119.07 OF 17,448
THE REVISED CODE, NOTIFIES THE PERSON OF THE BOARD'S INTENT TO 17,450
ACT AGAINST THE PERSON UNDER DIVISION (A) OF THIS SECTION, THE 17,451
BOARD BY A MAJORITY VOTE OF A QUORUM OF THE BOARD MEMBERS MAY 17,452
TAKE THE ACTION AGAINST THE PERSON WITHOUT HOLDING AN
ADJUDICATION HEARING. 17,453
Sec. 4717.03. (A) Members of the board of embalmers and 17,463
funeral directors shall annually in July, or within thirty days 17,464
after the senate's confirmation of the new members appointed in 17,465
that year, meet and organize by selecting from among its members 17,466
a president, vice-president, and secretary-treasurer. The board 17,467
may hold other meetings as it determines necessary. A quorum of 17,468
the board consists of four members, of whom at least three shall 17,469
be members who are embalmers and funeral directors. The 17,470
concurrence of at least four members is necessary for the board 17,471
to take any action. The president and secretary-treasurer shall 17,472
sign all licenses issued under this chapter and affix the board's 17,473
seal to each license. 17,474
(B) The board may appoint an individual who is not a 17,477
409
member of the board to serve as executive director of the board. 17,478
The executive director serves at the pleasure of the board and 17,479
shall do all of the following:
(1) Serve as the board's chief administrative officer; 17,481
(2) Act as custodian of the board's records; 17,483
(3) Execute all of the board's orders. 17,485
In executing the board's orders, the executive director may 17,488
enter the premises, establishment, office, or place of business 17,489
of any embalmer, funeral director, or operator of a crematory
facility in this state. The executive director may serve and 17,490
execute any process issued by any court under this chapter. 17,491
(C) The board may employ clerical or technical staff who 17,494
are not members of the board and who serve at the pleasure of the 17,495
board to provide any clerical or technical assistance the board 17,496
considers necessary. The board may employ necessary inspectors, 17,497
who shall be licensed embalmers and funeral directors. Any 17,498
inspector employed by the board may enter the premises, 17,499
establishment, office, or place of business of any embalmer, 17,500
funeral director, or operator of a crematory facility in this
state, for the purposes of inspecting the facility and premises; 17,501
the license and registration of embalmers and funeral directors 17,502
operating in the facility; and the license of the funeral home, 17,504
embalming facility, or crematory. The inspector shall serve and 17,505
execute any process issued by any court under this chapter, serve 17,506
and execute any papers or process issued by the board or any 17,507
officer or member of the board, and perform any other duties 17,508
delegated by the board.
(D) The president of the board shall designate three of 17,511
its members to serve on the crematory review board, which is 17,512
hereby created, for such time as the president finds appropriate
to carry out the provisions of this chapter. Those members of 17,513
the crematory review board designated by the president to serve 17,514
and three members designated by the cemetery dispute resolution 17,516
commission shall designate, by a majority vote, one person who is 17,517
410
experienced in the operation of a crematory facility and who is
not affiliated with a cemetery or a funeral home to serve on the 17,518
crematory review board for such time as the crematory review 17,519
board finds appropriate. Members serving on the crematory review 17,520
board shall not receive any additional compensation for serving 17,521
on the board, but may be reimbursed for their actual and 17,522
necessary expenses incurred in the performance of official duties
as members of the board. Members of the crematory review board 17,523
shall designate one from among its members to serve as a 17,524
chairperson for such time as the board finds appropriate. Costs 17,525
associated with conducting an adjudicatory hearing in accordance 17,526
with division (E) of this section shall be paid from funds 17,527
available to the board of embalmers and funeral directors. 17,528
(E) Upon receiving written notice from the board of 17,531
embalmers and funeral directors of any of the following, the 17,532
crematory review board shall conduct an adjudicatory hearing on 17,533
the matter in accordance with Chapter 119. of the Revised Code, 17,534
except as otherwise provided in this section or division (C) of 17,536
section 4717.14 of the Revised Code: 17,537
(1) Notice provided under division (H) of this section of 17,539
an alleged violation of any provision of this chapter or any 17,540
rules adopted under this chapter, or section 1107.33 1111.19 of 17,542
the Revised Code, governing or in connection with crematory 17,546
facilities or cremation;
(2) Notice provided under division (B) of section 4717.14 17,549
of the Revised Code that the board of embalmers and funeral 17,550
directors proposes to refuse to grant or renew, or to suspend or 17,552
revoke, a license to operate a crematory facility; 17,553
(3) Notice provided under division (C) of section 4717.14 17,555
of the Revised Code that the board of embalmers and funeral 17,556
directors has issued an order summarily suspending a license to 17,557
operate a crematory facility; 17,558
(4) Notice provided under division (B) of section 4717.15 17,560
of the Revised Code that the board of embalmers and funeral 17,561
411
directors proposes to issue a notice of violation and order 17,562
requiring payment of a forfeiture for any violation described in 17,563
divisions (A)(9)(a) to (g) of section 4717.04 of the Revised Code 17,566
alleged in connection with a crematory facility or cremation. 17,567
Nothing in division (E) of this section precludes the 17,569
crematory review board from appointing an independent examiner in 17,570
accordance with section 119.09 of the Revised Code to conduct any 17,571
adjudication hearing required under division (E) of this section. 17,572
The crematory review board shall submit a written report of 17,575
findings and advisory recommendations, and a written transcript 17,576
of its proceedings, to the board of embalmers and funeral 17,577
directors. The board of embalmers and funeral directors shall 17,578
serve a copy of the written report of the crematory review
board's findings and advisory recommendations on the party to the 17,580
adjudication or the party's attorney, by certified mail, within 17,581
five days after receiving the report and advisory
recommendations. A party may file objections to the written 17,582
report with the board of embalmers and funeral directors within 17,583
ten days after receiving the report. No written report is final 17,585
or appealable until it is issued as a final order by the board of 17,586
embalmers and funeral directors and entered on the record of the 17,587
proceedings. The board of embalmers and funeral directors shall 17,588
consider objections filed by the party prior to issuing a final 17,589
order. After reviewing the findings and advisory recommendations 17,590
of the crematory review board, the written transcript of the 17,591
crematory review board's proceedings, and any objections filed by 17,592
a party, the board of embalmers and funeral directors shall issue 17,593
a final order in the matter. Any party may appeal the final 17,594
order issued by the board of embalmers and funeral directors in a 17,595
matter described in divisions (E)(1) to (4) of this section in 17,597
accordance with section 119.12 of the Revised Code, except that 17,598
the appeal may be made to the court of common pleas in the county 17,599
in which is located the crematory facility to which the final 17,600
order pertains, or in the county in which the party resides. 17,601
412
(F) On its own initiative or on receiving a written 17,604
complaint from any person whose identity is made known to the 17,605
board of embalmers and funeral directors, the board shall
investigate the acts or practices of any person holding or 17,607
claiming to hold a license or registration under this chapter 17,608
that, if proven to have occurred, would violate this chapter or 17,609
any rules adopted under it, or section 1107.33 1111.19 of the 17,610
Revised Code. The board may compel witnesses by subpoena to 17,612
appear and testify in relation to investigations conducted under 17,613
this chapter and may require by subpoena duces tecum the 17,614
production of any book, paper, or document pertaining to an 17,615
investigation. If a person does not comply with a subpoena or 17,616
subpoena duces tecum, the board may apply to the court of common 17,617
pleas of any county in this state for an order compelling the 17,618
person to comply with the subpoena or subpoena duces tecum, or 17,619
for failure to do so, to be held in contempt of court. 17,620
(G) If, as a result of its investigation conducted under 17,622
division (F) of this section, the board of embalmers and funeral 17,623
directors has reasonable cause to believe that the person 17,624
investigated is violating any provision of this chapter or any 17,625
rules adopted under this chapter, or section 1107.33 1111.19 of 17,627
the Revised Code, governing or in connection with embalming, 17,629
funeral directing, funeral homes, embalming facilities, or the 17,630
operation of funeral homes or embalming facilities, it may, after 17,631
providing the opportunity for an adjudicatory hearing, issue an
order directing the person to cease the acts or practices that 17,633
constitute the violation. The board shall conduct the 17,634
adjudicatory hearing in accordance with Chapter 119. of the 17,635
Revised Code except that, notwithstanding the provisions of that 17,636
chapter, the following shall apply: 17,637
(1) The board shall send the notice informing the person 17,640
of the person's right to a hearing by certified mail.
(2) The person is entitled to a hearing only if the person 17,642
requests a hearing and if the board receives the request within 17,643
413
thirty days after the mailing of the notice described in division 17,645
(G)(1) of this section.
(3) A stenographic record shall be taken, in the manner 17,647
prescribed in section 119.09 of the Revised Code, at every 17,649
adjudicatory hearing held under this section, regardless of 17,650
whether the record may be the basis of an appeal to a court.
(H) If, as a result of its investigation conducted under 17,653
division (F) of this section, the board of embalmers and funeral 17,654
directors has reasonable cause to believe that the person 17,655
investigated is violating any provision of this chapter or any 17,656
rules adopted under this chapter, or section 1107.33 1111.19 of 17,657
the Revised Code, governing or in connection with crematory 17,659
facilities or cremation, the board shall send written notice of 17,660
the alleged violation to the crematory review board. If, after 17,661
the conclusion of the adjudicatory hearing in the matter 17,662
conducted under division (E) of this section, the board of 17,664
embalmers and funeral directors finds that a person is in
violation of any provision of this chapter or any rules adopted 17,665
under this chapter, or section 1107.33 1111.19 of the Revised 17,667
Code, governing or in connection with crematory facilities or 17,668
cremation, the board may issue a final order under that division 17,669
directing the person to cease the acts or practices that 17,670
constitute the violation. 17,671
(I) The board of embalmers and funeral directors may bring 17,673
a civil action to enjoin any violation or threatened violation of 17,674
section 1107.33 1111.19; sections 4717.01 to 4717.15 of the 17,675
Revised Code or a rule adopted under any of those sections; 17,677
division (A) or (B) of section 4717.23; division (B)(1) or (2), 17,679
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to 17,680
(K) of section 4717.26; division (D)(1) of section 4717.27; or 17,681
divisions (A) to (C) of section 4717.28 of the Revised Code. The 17,683
action shall be brought in the county where the violation 17,684
occurred or the threatened violation is expected to occur. At 17,685
the request of the board, the attorney general shall represent 17,686
414
the board in any matter arising under this chapter. 17,687
(J) The board of embalmers and funeral directors and the 17,689
crematory review board may issue subpoenas for funeral directors 17,691
and embalmers or persons holding themselves out as such, for 17,692
operators of crematory facilities or persons holding themselves
out as such, or for any other person whose testimony, in the 17,693
opinion of either board, is necessary. The subpoena shall 17,694
require the person to appear before the appropriate board or any 17,695
designated member of either board, upon any hearing conducted 17,696
under this chapter. The penalty for disobedience to the command 17,697
of such a subpoena is the same as for refusal to answer such a 17,698
process issued under authority of the court of common pleas. 17,699
(K) All moneys received by the board of embalmers and 17,701
funeral directors from any source shall be deposited in the state 17,702
treasury to the credit of the occupational licensing and 17,703
regulatory fund created in section 4743.05 of the Revised Code. 17,704
(L) The board of embalmers and funeral directors shall 17,706
submit a written report to the governor on or before the first 17,707
Monday of July of each year. This report shall contain a 17,708
detailed statement of the nature and amount of the board's 17,709
receipts and the amount and manner of its expenditures. 17,710
Sec. 4717.05. (A) Any person who desires to be licensed 17,720
as an embalmer shall apply to the board of embalmers and funeral 17,721
directors on a form provided by the board. The applicant shall 17,722
include with the application an initial license fee as set forth 17,723
in section 4717.07 of the Revised Code and evidence, verified by 17,724
oath and satisfactory to the board, that the applicant meets all 17,725
of the following requirements:
(1) The applicant is at least eighteen years of age and of 17,727
good moral character. 17,728
(2) If the applicant has pleaded guilty to, has been found 17,730
by a judge or jury to be guilty of, or has had a judicial finding 17,731
of eligibility for treatment in lieu of conviction entered 17,732
against the applicant in this state for aggravated murder, 17,733
415
murder, voluntary manslaughter, felonious assault, kidnapping, 17,734
rape, sexual battery, gross sexual imposition, aggravated arson, 17,735
aggravated robbery, or aggravated burglary, or has pleaded guilty 17,736
to, has been found by a judge or jury to be guilty of, or has had 17,738
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction 17,739
for a substantially equivalent offense, at least five years has 17,740
elapsed since the applicant was released from incarceration, 17,741
probation, parole, or treatment in connection with the offense. 17,742
(3) The applicant holds at least a bachelor's degree or 17,744
its equivalent from a college or university authorized to confer 17,745
degrees by the Ohio board of regents or the comparable legal 17,747
agency of another state in which the college or university is 17,748
located and submits an official transcript from that college or
university with the application. 17,749
(4) The applicant has satisfactorily completed at least 17,752
twelve months of instruction in a prescribed course in mortuary 17,753
science as approved by the board, and has presented to the board 17,754
a certificate showing successful completion of the course. The 17,755
course of mortuary science college training may be completed
either before or after the completion of the educational standard 17,756
set forth in division (A)(3) of this section. 17,757
(5) The applicant has registered with the board prior to 17,759
beginning an embalmer apprenticeship. 17,760
(6) The applicant has satisfactorily completed at least 17,762
one year of apprenticeship under an embalmer licensed in this 17,763
state and has assisted that person in embalming at least 17,764
twenty-five dead human bodies. 17,765
(7) The applicant, upon meeting the educational standards 17,768
provided for in divisions (A)(3) and (4) of this section and 17,769
completing the apprenticeship required in division (A)(6) of this 17,770
section, has completed the examination for an embalmer's license 17,771
required by the board.
(B) Upon receiving satisfactory evidence verified by oath 17,774
416
that the applicant meets all the requirements of division (A) of 17,775
this section, the board shall issue the applicant an embalmer's 17,776
license.
(C) Any person who desires to be licensed as a funeral 17,779
director shall apply to the board on a form provided by the 17,780
board. The application shall include an initial license fee as 17,781
set forth in section 4717.07 of the Revised Code and evidence, 17,782
verified by oath and satisfactory to the board, that the 17,783
applicant meets all of the following requirements:
(1) Except as otherwise provided in division (D) of this 17,786
section, the applicant has satisfactorily met all the
requirements for an embalmer's license as described in divisions 17,787
(A)(1) to (4) of this section. 17,788
(2) The applicant has registered with the board prior to 17,790
beginning a funeral director apprenticeship. 17,791
(3) The applicant, following mortuary science college 17,793
training described in division (A)(4) of this section, has served 17,794
a one-year apprenticeship under a licensed funeral director in 17,795
this state and has assisted that person in directing at least 17,796
twenty-five funerals. 17,797
(4) The applicant has satisfactorily completed the 17,799
examination for a funeral director's license as required by the 17,800
board.
(D) In lieu of mortuary science college training required 17,803
for a funeral director's license under division (C)(1) of this 17,804
section, the applicant may substitute a two-year apprenticeship 17,805
under a licensed funeral director in this state assisting that 17,806
person in directing at least fifty funerals. 17,807
(E) Upon receiving satisfactory evidence that the 17,810
applicant meets all the requirements of division (C) of this 17,811
section, the board shall issue TO the applicant a funeral
director's license. 17,812
Sec. 4717.07. (A) The board of embalmers and funeral 17,822
directors shall charge and collect the following fees:
417
(1) For the issuance of an initial embalmer's or funeral 17,824
director's license, five dollars; 17,825
(2) For the issuance of an embalmer or funeral director 17,827
registration, twenty-five dollars; 17,828
(3) For filing an embalmer or funeral director certificate 17,830
of apprenticeship, ten dollars; 17,831
(4) For the application to take the examination for a 17,833
license to practice as an embalmer or funeral director, or to 17,834
retake a section of the examination, thirty-five dollars; 17,835
(5) For the renewal of an embalmer's or funeral director's 17,838
license, thirty FIFTY dollars;
(6) For the issuance and renewal of a license to operate a 17,841
funeral home, one hundred twenty-five dollars;
(7) For the reinstatement of a lapsed embalmer's or 17,843
funeral director's license, the renewal fee prescribed in 17,844
division (A)(5) of this section plus fifty dollars for each month 17,845
or portion of a month the license is lapsed until reinstatement; 17,846
(8) For the reinstatement of a lapsed license to operate a 17,849
funeral home, the renewal fee prescribed in division (A)(6) of 17,850
this section plus fifty dollars for each month or portion of a
month the license is lapsed until reinstatement; 17,851
(9) For the issuance and renewal of a license to operate 17,854
an embalming facility, one hundred dollars;
(10) For the reinstatement of a lapsed license to operate 17,857
an embalming facility, the renewal fee prescribed in division
(A)(9) of this section plus fifty dollars for each month or 17,858
portion of a month the license is lapsed until reinstatement; 17,859
(11) For the issuance and renewal of a license to operate 17,862
a crematory facility, one hundred dollars;
(12) For the reinstatement of a lapsed license to operate 17,865
a crematory facility, the renewal fee prescribed in division
(A)(11) of this section plus fifty dollars for each month or 17,866
portion of a month the license is lapsed until reinstatement; 17,867
(13) For the issuance of a duplicate of a license issued 17,869
418
under this chapter, four dollars. 17,870
(B) In addition to the fees set forth in division (A) of 17,873
this section, an applicant shall pay the examination fee assessed 17,874
by any examining agency the board uses for any section of an 17,875
examination required under this chapter.
(C) Subject to the approval of the controlling board, the 17,878
board of embalmers and funeral directors may establish fees in 17,879
excess of the amounts set forth in this section, provided that 17,880
these fees do not exceed the amounts set forth in this section by 17,881
more than fifty per cent.
Sec. 4717.13. (A) No person shall do any of the 17,891
following:
(1) Engage in the business or profession of funeral 17,893
directing unless the person is licensed as a funeral director 17,894
under this chapter, is certified as an apprentice funeral 17,895
director in accordance with rules adopted under section 4717.04 17,896
of the Revised Code and is assisting a funeral director licensed 17,898
under this chapter, or is a student in a college of mortuary
sciences approved by the board and is under the direct 17,899
supervision of a funeral director licensed by the board; 17,900
(2) Engage in embalming unless the person is licensed as 17,902
an embalmer under this chapter, is certified as an apprentice 17,903
embalmer in accordance with rules adopted under section 4717.04 17,904
of the Revised Code and is assisting an embalmer licensed under 17,905
this chapter, or is a student in a college of mortuary science 17,907
approved by the board and is under the direct supervision of an 17,908
embalmer licensed by the board;
(3) Advertise or otherwise offer to provide or convey the 17,911
impression that the person provides funeral directing services
unless the person is licensed as a funeral director under this 17,912
chapter and is employed by or under contract to a licensed 17,913
funeral home and performs funeral directing services for that 17,914
funeral home in a manner consistent with the advertisement, 17,915
offering, or conveyance; 17,916
419
(4) Advertise or otherwise offer to provide or convey the 17,919
impression that the person provides embalming services unless the 17,920
person is licensed as an embalmer under this chapter and is
employed by or under contract to a licensed funeral home or a 17,921
licensed embalming facility and performs embalming services for 17,922
the funeral home or embalming facility in a manner consistent 17,923
with the advertisement, offering, or conveyance; 17,924
(5) Operate a funeral home without a license to operate 17,926
the funeral home issued by the board under this chapter; 17,927
(6) Practice the business or profession of funeral 17,929
directing from any place except from a funeral home that a person 17,930
is licensed to operate under this chapter; 17,931
(7) Practice embalming from any place except from a 17,933
funeral home or embalming facility that a person is licensed to 17,934
operate under this chapter; 17,935
(8) Operate a crematory or perform cremation without a 17,938
license to operate the crematory issued under this chapter;
(9) Cremate animals in a cremation chamber in which dead 17,940
human bodies or body parts are cremated or cremate dead human 17,941
bodies or human body parts in a cremation chamber in which 17,942
animals are cremated.
(B) No funeral director or other person in charge of the 17,945
final disposition of a dead human body shall fail to do one of 17,947
the following prior to the interment of the body:
(1) Affix to the ankle or wrist of the deceased a tag 17,949
encased in a durable and long-lasting material that contains the 17,950
name, date of birth, date of death, and social security number of 17,952
the deceased;
(2) Place in the casket a capsule containing a tag bearing 17,954
the information described in division (B)(1) of this section; 17,956
(3) If the body was cremated, place in the vessel 17,958
containing the cremated remains a tag bearing the information 17,959
described in division (B)(1) of this section. 17,961
(C) No person who holds a funeral home license for a 17,964
420
funeral home that is closed, or that is owned by a funeral 17,965
business in which changes in the ownership of the funeral 17,966
business result in a majority of the ownership of the funeral
business being held by one or more persons who solely or in 17,967
combination with others did not own a majority of the funeral 17,968
business immediately prior to the change in ownership, shall fail 17,969
to submit to the board within thirty days after the closing or 17,970
such a change in ownership of the funeral business owning the 17,971
funeral home, a clearly enumerated account of all of the 17,974
following from which the licensee, at the time of the closing or
change in ownership of the funeral business and in connection 17,975
with the funeral home, was to receive payment for providing 17,976
funeral services, funeral goods, or any combination of those in 17,977
connection with the funeral or final disposition of a dead human 17,978
body: 17,979
(1) Preneed funeral contracts governed by section 1107.33 17,981
1111.19 of the Revised Code; 17,984
(2) Life insurance policies the benefits of which are 17,986
payable to the provider of funeral or burial goods or services; 17,987
(3) Accounts at banks or savings banks insured by the 17,989
federal deposit insurance corporation, savings and loan 17,990
associations insured by the federal savings and loan insurance 17,991
corporation or the Ohio deposit guarantee fund, or credit unions 17,993
insured by the national credit union administration or a credit 17,994
union share guaranty corporation organized under Chapter 1761. of 17,995
the Revised Code that are payable upon the death of the person 17,997
for whose benefit deposits into the accounts were made. 17,998
Sec. 4723.06. (A) The board of nursing shall: 18,007
(1) Administer and enforce the provisions of this chapter, 18,009
including the taking of disciplinary action for violations of 18,010
section 4723.28 of the Revised Code, any other provisions of this 18,011
chapter, or rules promulgated under Chapter 119. of the Revised 18,012
Code; 18,013
(2) Examine applicants for licensure to practice as a 18,015
421
registered nurse or as a licensed practical nurse; 18,016
(3) Issue and renew licenses as provided in this chapter; 18,018
(4) Define the minimum curricula and standards for 18,020
educational programs of the schools of professional nursing and 18,021
schools of practical nursing in this state; 18,022
(5) Survey, inspect, and grant full approval to 18,024
prelicensure nursing education programs that meet the standards 18,026
established by rules adopted under section 4723.07 of the Revised 18,027
Code. Prelicensure nursing education programs include, but are 18,028
not limited to, associate degree, baccalaureate degree, diploma, 18,029
and doctor of nursing programs leading to initial licensure to 18,030
practice nursing as a registered nurse and practical nurse 18,031
programs leading to initial licensure to practice nursing as a 18,032
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 18,034
the board, to a new prelicensure nursing education program or a 18,035
program that is being reestablished after having ceased to 18,037
operate, if the program meets and maintains the minimum standards 18,039
of the board established by rules adopted under section 4723.07 18,040
of the Revised Code. If the board does not grant conditional 18,041
approval, it shall hold a hearing under Chapter 119. of the 18,042
Revised Code to consider conditional approval of the program. If 18,043
the board grants conditional approval, at its first meeting after 18,044
the first class has completed the program, the board shall 18,045
determine whether to grant full approval to the program. If the 18,046
board does not grant full approval or if it appears that the 18,049
program has failed to meet and maintain standards established by 18,050
rules adopted under section 4723.07 of the Revised Code, the 18,051
board shall hold a hearing under Chapter 119. of the Revised Code 18,052
to consider the program. Based on results of the hearing, the 18,053
board may continue or withdraw conditional approval, or grant 18,054
full approval.
(7) Place on provisional approval, for a period of time 18,056
specified by the board, a program that has ceased to meet and 18,058
422
maintain the minimum standards of the board established by rules 18,059
adopted under section 4723.07 of the Revised Code. At the end of 18,060
the period, the board shall reconsider whether the program meets 18,061
the standards and shall grant full approval if it does. If it 18,063
does not, the board may withdraw approval, pursuant to a hearing 18,064
under Chapter 119. of the Revised Code. 18,065
(8) Approve continuing nursing education programs and 18,067
courses under standards established in rules adopted under 18,068
section 4723.07 of the Revised Code; 18,069
(9) Approve peer support programs for nurses under rules 18,071
adopted under section 4723.07 of the Revised Code; 18,072
(10) Establish the alternative program for chemically 18,074
dependent nurses in accordance with section 4723.35 of the 18,075
Revised Code;
(11) ESTABLISH THE PRACTICE INTERVENTION AND IMPROVEMENT 18,077
PROGRAM IN ACCORDANCE WITH SECTION 4723.282 OF THE REVISED CODE; 18,078
(12) Issue and renew certificates of authority to practice 18,080
nursing as a certified registered nurse anesthetist, clinical 18,082
nurse specialist, certified nurse-midwife, or certified nurse 18,083
practitioner;
(12)(13) Approve under section 4723.46 of the Revised Code 18,086
national certifying organizations for examination and 18,087
certification of certified registered nurse anesthetists, 18,088
clinical nurse specialists, certified nurse-midwives, or 18,089
certified nurse practitioners;
(13)(14) Make an annual report to the governor, which 18,091
shall be open for public inspection; 18,093
(14)(15) Maintain and have open for public inspection the 18,095
following records: 18,096
(a) A record of all its meetings and proceedings; 18,098
(b) A file of applicants for and holders of licenses, 18,100
registrations, and certificates granted under this chapter. The 18,101
file shall be maintained in the form prescribed by rule of the 18,102
board. 18,103
423
(c) A list of prelicensure nursing education programs 18,105
approved by the board; 18,106
(d) A list of approved peer support programs for nurses. 18,108
(B) The board may fulfill the requirement of division 18,110
(A)(8) of this section by authorizing persons who meet the 18,111
standards established in rules adopted under division (F) of 18,112
section 4723.07 of the Revised Code to approve continuing nursing 18,113
education programs and courses. Persons so authorized shall 18,114
approve continuing nursing education programs and courses in 18,115
accordance with standards established in rules adopted under 18,116
division (E) of section 4723.07 of the Revised Code. 18,117
Persons seeking authorization to approve continuing nursing 18,119
education programs and courses shall apply to the board and pay 18,120
the appropriate fee established under section 4723.08 of the 18,121
Revised Code. Authorizations to approve continuing nursing 18,122
education programs and courses shall expire at the end of the 18,123
two-year period beginning the date of issuance and may be renewed 18,124
by the board.
Sec. 4723.08. (A) The board of nursing may impose fees 18,133
not to exceed the following limits: 18,134
(1) For application for licensure by examination to 18,136
practice nursing as a registered nurse or as a licensed practical 18,137
nurse, fifty dollars; 18,138
(2) For application for licensure by endorsement to 18,140
practice nursing as a registered nurse or as a licensed practical 18,141
nurse, fifty dollars; 18,142
(3) For application for a certificate of authority to 18,144
practice nursing as a certified registered nurse anesthetist, 18,145
clinical nurse specialist, certified nurse-midwife, or certified 18,147
nurse practitioner, one hundred dollars; 18,148
(4) For verification of a license or certificate to 18,150
another jurisdiction, fifteen dollars; 18,152
(5) For providing a replacement copy of a license or 18,154
certificate, fifteen dollars; 18,155
424
(6) For biennial renewal of any license, thirty-five 18,157
dollars;
(7) For biennial renewal of a certificate of authority to 18,159
practice nursing as a certified registered nurse anesthetist, 18,160
clinical nurse specialist, certified nurse-midwife, or certified 18,162
nurse practitioner, one hundred dollars;
(8) For processing a late application for renewal of any 18,164
license or certificate, fifty dollars; 18,165
(9) For application for authorization to approve 18,167
continuing nursing education programs and courses from an 18,168
applicant accredited by a national accreditation system for 18,169
nursing, five hundred dollars; 18,170
(10) For application for authorization to approve 18,172
continuing nursing education programs and courses from an 18,173
applicant not accredited by a national accreditation system for 18,174
nursing, one thousand dollars; 18,175
(11) For biennial renewal of EACH YEAR FOR WHICH 18,178
authorization to approve continuing nursing education programs 18,180
and courses IS RENEWED, three ONE hundred FIFTY dollars; 18,181
(12) For written verification of a license or certificate, 18,184
other than verification to another jurisdiction, five dollars. 18,185
The board may contract for services pertaining to this 18,186
verification process and the collection of the fee, and may 18,187
permit the contractor to retain a portion of the fees as 18,188
compensation, before any amounts are deposited into the state 18,189
treasury. 18,190
(B) Each quarter, the board of nursing shall certify to 18,192
the director of budget and management the number of biennial 18,193
licenses renewed under this chapter during the preceding quarter 18,194
and the amount equal to that number times five dollars. 18,195
Sec. 4723.28. As used in this section, "dangerous drug" 18,204
and "prescription" have the same meanings as in section 4729.01 18,206
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 18,208
425
conducted under Chapter 119. of the Revised Code and by a vote of 18,209
a quorum, may revoke or may refuse to grant a license or 18,210
certificate to a person found by the board to have committed 18,212
fraud in passing the examination or to have committed fraud, 18,213
misrepresentation, or deception in applying for or securing any 18,214
license or certificate issued by the board. 18,216
(B) The board of nursing, pursuant to an adjudication 18,218
conducted under Chapter 119. of the Revised Code and by a vote of 18,219
a quorum, may impose one or more of the following sanctions: 18,220
deny, revoke permanently, suspend, or place restrictions on any 18,221
license or certificate issued by the board; reprimand or 18,223
otherwise discipline a holder of a license or certificate; or 18,224
impose a fine of not more than five hundred dollars per 18,226
violation. The sanctions may be imposed for any of the
following: 18,227
(1) Denial, revocation, suspension, or restriction of a 18,229
license to practice nursing, for any reason other than a failure 18,230
to renew, in another state or jurisdiction; or denial, 18,231
revocation, suspension, or restriction of a license to practice a 18,232
health care occupation other than nursing, for any reason other 18,233
than a failure to renew, in Ohio or another state or 18,234
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 18,236
renew a license issued under this chapter, or while a license is 18,237
under suspension; 18,238
(3) Conviction of, a plea of guilty to, or a judicial 18,240
finding of guilt of a misdemeanor committed in the course of 18,241
practice; 18,242
(4) Conviction of, a plea of guilty to, or a judicial 18,244
finding of guilt of any felony or of any crime involving gross 18,245
immorality or moral turpitude; 18,246
(5) Selling, giving away, or administering drugs for other 18,248
than legal and legitimate therapeutic purposes; or conviction of, 18,249
a plea of guilty to, or a judicial finding of guilt of violating 18,250
426
any municipal, state, county, or federal drug law; 18,251
(6) Conviction of, a plea of guilty to, or a judicial 18,253
finding of guilt of an act in another jurisdiction that would 18,254
constitute a felony or a crime of moral turpitude in Ohio; 18,255
(7) Conviction of, a plea of guilty to, or a judicial 18,257
finding of guilt of an act in the course of practice in another 18,258
jurisdiction that would constitute a misdemeanor in Ohio; 18,259
(8) Self-administering or otherwise taking into the body 18,261
any dangerous drug in any way not in accordance with a legal, 18,262
valid prescription; 18,263
(9) Habitual indulgence in the use of controlled 18,265
substances, other habit-forming drugs, or alcohol or other 18,266
chemical substances to an extent that impairs ability to 18,267
practice; 18,268
(10) Impairment of the ability to practice according to 18,270
acceptable and prevailing standards of safe nursing care because 18,271
of habitual or excessive use of drugs, alcohol, or other chemical 18,274
substances that impair the ability to practice; 18,275
(11) Impairment of the ability to practice according to 18,277
acceptable and prevailing standards of safe nursing care because 18,278
of a physical or mental disability; 18,279
(12) Assaulting or causing harm to a patient or depriving 18,281
a patient of the means to summon assistance; 18,282
(13) Obtaining or attempting to obtain money or anything 18,284
of value by intentional misrepresentation or material deception 18,285
in the course of practice; 18,286
(14) Adjudication by a probate court that the license 18,288
applicant or license holder is mentally ill or mentally 18,289
incompetent. The board may restore the license upon adjudication 18,290
by a probate court of the person's restoration to competency or 18,291
upon submission to the board of other proof of competency. 18,292
(15) The suspension or termination of employment by the 18,294
department of defense or the veterans administration of the 18,295
United States for any act that violates or would violate this 18,296
427
chapter; 18,297
(16) Violation of this chapter or any rules adopted under 18,299
it; 18,300
(17) Violation of any restrictions placed on a license by 18,302
the board; 18,303
(18) Failure to use universal blood and body fluid 18,305
precautions established by rules adopted under section 4723.07 of 18,306
the Revised Code; 18,307
(19) Failure to practice in accordance with acceptable and 18,310
prevailing standards of safe nursing care; 18,311
(20) In the case of a registered nurse, engaging in 18,313
activities that exceed the practice of nursing as a registered 18,314
nurse under section 4723.02 of the Revised Code; 18,315
(21) In the case of a licensed practical nurse, engaging 18,317
in activities that exceed the practice of nursing as a licensed 18,318
practical nurse under section 4723.02 of the Revised Code; 18,319
(22) Aiding and abetting in the unlicensed practice of 18,321
nursing; 18,322
(23) In the case of a certified registered nurse 18,324
anesthetist, clinical nurse specialist, certified nurse-midwife, 18,326
or certified nurse practitioner, or a registered nurse approved 18,327
as an advanced practice nurse under section 4723.55 of the 18,328
Revised Code, either of the following: 18,329
(a) Waiving the payment of all or any part of a deductible 18,331
or copayment that a patient, pursuant to a health insurance or 18,332
health care policy, contract, or plan that covers such nursing 18,333
services, would otherwise be required to pay if the waiver is 18,334
used as an enticement to a patient or group of patients to 18,335
receive health care services from that provider; 18,336
(b) Advertising that the nurse will waive the payment of 18,338
all or any part of a deductible or copayment that a patient, 18,339
pursuant to a health insurance or health care policy, contract, 18,340
or plan that covers such nursing services, would otherwise be 18,341
required to pay. 18,342
428
(24) Failure to comply with the terms and conditions of 18,344
participation in the alternative program for chemically dependent 18,346
nurses created by section 4723.35 of the Revised Code; 18,347
(25) FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS 18,349
REQUIRED UNDER THE PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM 18,350
ESTABLISHED UNDER SECTION 4723.282 OF THE REVISED CODE; 18,351
(26) In the case of a certified registered nurse 18,353
anesthetist, clinical nurse specialist, certified nurse-midwife, 18,355
or certified nurse practitioner: 18,356
(a) Engaging in activities that exceed those permitted for 18,359
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 18,360
(b) Failure to meet the quality assurance standards 18,362
established under section 4723.07 of the Revised Code. 18,364
(26)(27) In the case of a clinical nurse specialist, 18,366
certified nurse-midwife, or certified nurse practitioner, failure 18,368
to maintain a standard care arrangement in accordance with 18,369
section 4723.431 of the Revised Code or to practice in accordance 18,370
with the standard care arrangement. 18,371
(C) If a criminal action is brought against a license 18,373
holder for an act or crime described in divisions (B)(3) to (7) 18,374
of this section and the action is dismissed by the trial court 18,375
other than on the merits, the board shall hold an adjudication 18,377
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 18,378
basis of the hearing that the license holder committed the act, 18,379
or if the license holder fails to participate in the hearing, the 18,380
board may take action as though the license holder had been 18,381
convicted of the act. 18,382
If the board takes action on the basis of a conviction, 18,384
plea of guilty, or a judicial determination of guilt as described 18,385
in divisions (B)(3) to (7) of this section that is overturned on 18,386
appeal, the license holder may, on exhaustion of the appeal 18,387
process, petition the board for reconsideration of its action. 18,388
429
On receipt of the petition and supporting court documents, the 18,389
board shall temporarily rescind its action. If the board 18,390
determines that the decision on appeal was a decision on the 18,391
merits, it shall permanently rescind its action. If the board 18,392
determines that the decision on appeal was not a decision on the 18,393
merits, it shall hold an adjudicatory hearing to determine 18,394
whether the license holder committed the act on which the 18,395
original conviction, plea, or judicial determination was based. 18,396
If the board determines on the basis of the hearing that the 18,397
license holder committed such act, or if the license holder does 18,398
not request a hearing, the board shall reinstate its action; 18,399
otherwise, the board shall permanently rescind its action. 18,400
Notwithstanding the provision of division (C)(2) of section 18,402
2953.32 of the Revised Code specifying that if records pertaining 18,403
to a criminal case are sealed under that section the proceedings 18,404
in the case shall be deemed not to have occurred, sealing of the 18,405
records of a conviction on which the board has based an action 18,406
under this section shall have no effect on the board's action or 18,407
any sanction imposed by the board under this section. 18,408
(D) In enforcing division (B) of this section, the board 18,410
may compel any individual licensed by this chapter or who has 18,411
applied for licensure to submit to a mental or physical 18,412
examination, or both, as required by the board and at the expense 18,413
of the individual. Failure of any individual to submit to a 18,414
mental or physical examination when directed constitutes an 18,415
admission of the allegations, unless the failure is due to 18,416
circumstances beyond the individual's control, and a default and 18,417
final order may be entered without the taking of testimony or 18,418
presentation of evidence. If the board finds that an individual 18,419
is impaired, the board shall require the individual to submit to 18,420
care, counseling, or treatment approved or designated by the 18,421
board, as a condition for initial, continued, reinstated, or 18,422
renewed licensure to practice. The individual shall be afforded 18,423
an opportunity to demonstrate to the board that the individual 18,424
430
can resume the individual's occupation in compliance with 18,426
acceptable and prevailing standards under the provisions of the 18,428
individual's license. For the purpose of this section, any 18,430
individual who is licensed by this chapter or makes application 18,431
for licensure shall be deemed to have given consent to submit to 18,432
a mental or physical examination when directed to do so in 18,433
writing by the board, and to have waived all objections to the 18,434
admissibility of testimony or examination reports that constitute 18,435
a privileged communication.
(E) The board shall investigate evidence that appears to 18,437
show that any person has violated any provision of this chapter 18,438
or any rule of the board. Any person may report to the board any 18,439
information the person may have that appears to show a violation 18,440
of any provision of this chapter or rule of the board. In the 18,441
absence of bad faith, any person who reports such information or 18,442
who testifies before the board in any adjudication conducted 18,444
under Chapter 119. of the Revised Code shall not be liable for 18,445
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 18,447
investigation is confidential and not subject to discovery in any 18,448
civil action, except that the board may disclose information to 18,449
law enforcement officers and government entities investigating a 18,450
person licensed by the board. No law enforcement officer or 18,451
government entity with knowledge of any information disclosed by 18,452
the board pursuant to this division shall divulge the information 18,453
to any other person or government entity except for the purpose 18,454
of an adjudication by a court or licensing or registration board 18,455
or officer to which the person to whom the information relates is
a party. 18,456
If the investigation requires a review of patient records, 18,458
the investigation and proceeding shall be conducted in such a 18,459
manner as to protect patient confidentiality. 18,460
All hearings and investigations of the board shall be 18,462
considered civil actions for the purposes of section 2305.251 of 18,463
431
the Revised Code. 18,464
The hearings of the board shall be conducted in accordance 18,466
with Chapter 119. of the Revised Code. The board may appoint a 18,467
hearing examiner as provided in section 119.09 to conduct any 18,468
hearing the board is empowered to hold under Chapter 119. of the 18,469
Revised Code. 18,470
In the absence of fraud or bad faith, neither the board nor 18,472
any current or former members, agents, representatives, or 18,473
employees of the board shall be held liable in damages to any 18,474
person as the result of any act, omission, proceeding, conduct, 18,475
or decision related to their official duties undertaken or 18,476
performed pursuant to this chapter. If a current or former 18,477
member, agent, representative, or employee requests the state to 18,478
defend the individual against any claim or action arising out of 18,479
any act, omission, proceeding, conduct, or decision related to 18,481
the individual's official duties, if the request is made in 18,483
writing at a reasonable time before trial, and if the individual 18,484
requesting defense cooperates in good faith in the defense of the 18,485
claim or action, the state shall provide and pay for such defense 18,486
and shall pay any resulting judgment, compromise, or settlement. 18,487
At no time shall the state pay that part of a claim or judgment 18,488
that is for punitive or exemplary damages. 18,489
(F) Any action taken by the board under this section 18,491
resulting in a suspension from practice shall be accompanied by a 18,492
written statement of the conditions under which the person may be 18,493
reinstated to practice. 18,494
(G) No unilateral surrender of a license issued under this 18,496
chapter shall be effective unless accepted by majority vote of 18,497
the board. No application for a license issued under this 18,498
chapter may be withdrawn without a majority vote of the board. 18,499
(H) Notwithstanding division (B)(23) of this section, 18,501
sanctions shall not be imposed against any licensee who waives 18,502
deductibles and copayments: 18,503
(1) In compliance with the health benefit plan that 18,505
432
expressly allows such a practice. Waiver of the deductibles or 18,506
copayments shall be made only with the full knowledge and consent 18,507
of the plan purchaser, payer, and third-party administrator. The 18,508
consent shall be made available to the board upon request. 18,509
(2) For professional services rendered to any other person 18,511
licensed pursuant to this chapter to the extent allowed by this 18,512
chapter and the rules of the board. 18,513
Sec. 4723.282. (A) AS USED IN THIS SECTION, "PRACTICE 18,516
DEFICIENCY" MEANS ANY ACTIVITY THAT DOES NOT MEET ACCEPTABLE AND 18,517
PREVAILING STANDARDS OF SAFE AND EFFECTIVE NURSING CARE. 18,518
(B) THE BOARD OF NURSING MAY ABSTAIN FROM TAKING 18,520
DISCIPLINARY ACTION UNDER SECTION 4723.28 OF THE REVISED CODE 18,522
AGAINST THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER THIS 18,523
CHAPTER WHO HAS A PRACTICE DEFICIENCY THAT HAS BEEN IDENTIFIED BY 18,524
THE BOARD THROUGH AN INVESTIGATION CONDUCTED UNDER SECTION 18,525
4723.28 OF THE REVISED CODE. THE BOARD MAY ABSTAIN FROM TAKING 18,526
ACTION ONLY IF THE BOARD HAS REASON TO BELIEVE THAT THE 18,527
INDIVIDUAL'S PRACTICE DEFICIENCY CAN BE CORRECTED THROUGH 18,528
REMEDIATION, AND IF THE INDIVIDUAL ENTERS INTO AN AGREEMENT WITH 18,529
THE BOARD TO SEEK REMEDIATION AS PRESCRIBED BY THE BOARD, 18,530
COMPLIES WITH THE TERMS AND CONDITIONS OF THE REMEDIATION, AND 18,531
SUCCESSFULLY COMPLETES THE REMEDIATION. IF AN INDIVIDUAL FAILS 18,532
TO COMPLETE THE REMEDIATION OR THE BOARD DETERMINES THAT 18,533
REMEDIATION CANNOT CORRECT THE INDIVIDUAL'S PRACTICE DEFICIENCY, 18,534
THE BOARD SHALL PROCEED WITH DISCIPLINARY ACTION IN ACCORDANCE 18,535
WITH SECTION 4723.28 OF THE REVISED CODE. 18,536
(C) TO IMPLEMENT ITS AUTHORITY UNDER THIS SECTION TO 18,538
ABSTAIN FROM TAKING DISCIPLINARY ACTION, THE BOARD SHALL 18,539
ESTABLISH A PRACTICE INTERVENTION AND IMPROVEMENT PROGRAM. THE 18,540
BOARD SHALL DESIGNATE AN ADMINISTRATOR TO OPERATE THE PROGRAM 18,541
AND, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT 18,543
RULES FOR THE PROGRAM THAT ESTABLISH THE FOLLOWING: 18,544
(1) CRITERIA FOR USE IN IDENTIFYING AN INDIVIDUAL'S 18,546
PRACTICE DEFICIENCY; 18,547
433
(2) REQUIREMENTS THAT AN INDIVIDUAL MUST MEET TO BE 18,549
ELIGIBLE FOR REMEDIATION AND THE BOARD'S ABSTENTION FROM 18,550
DISCIPLINARY ACTION; 18,551
(3) STANDARDS AND PROCEDURES FOR PRESCRIBING REMEDIATION 18,553
THAT IS APPROPRIATE FOR AN INDIVIDUAL'S IDENTIFIED PRACTICE 18,554
DEFICIENCY; 18,555
(4) TERMS AND CONDITIONS THAT AN INDIVIDUAL MUST MEET TO 18,557
BE SUCCESSFUL IN COMPLETING THE REMEDIATION PRESCRIBED; 18,558
(5) PROCEDURES FOR THE BOARD'S MONITORING OF THE 18,560
INDIVIDUAL'S REMEDIATION; 18,561
(6) PROCEDURES FOR MAINTAINING CONFIDENTIAL RECORDS 18,563
REGARDING INDIVIDUALS WHO PARTICIPATE IN REMEDIATION; 18,564
(7) ANY OTHER REQUIREMENTS OR PROCEDURES NECESSARY TO 18,566
DEVELOP AND ADMINISTER THE PROGRAM. 18,567
(D) ALL RECORDS HELD BY THE BOARD FOR PURPOSES OF THE 18,569
PROGRAM SHALL BE CONFIDENTIAL, ARE NOT PUBLIC RECORDS FOR 18,570
PURPOSES OF SECTION 149.43 OF THE REVISED CODE, AND ARE NOT 18,572
SUBJECT TO DISCOVERY BY SUBPOENA OR ADMISSIBLE AS EVIDENCE IN ANY 18,573
JUDICIAL PROCEEDING. THE ADMINISTRATOR OF THE PROGRAM SHALL 18,574
MAINTAIN ALL RECORDS IN THE BOARD'S OFFICE IN ACCORDANCE WITH THE 18,575
BOARD'S RECORD RETENTION SCHEDULE.
(E) WHEN AN INDIVIDUAL BEGINS THE REMEDIATION PRESCRIBED 18,578
BY THE BOARD, THE INDIVIDUAL SHALL SIGN A WAIVER PERMITTING ANY 18,579
ENTITY THAT PROVIDES SERVICES RELATED TO THE REMEDIATION TO 18,580
RELEASE TO THE BOARD INFORMATION REGARDING THE INDIVIDUAL'S 18,581
PROGRESS. AN ENTITY THAT PROVIDES SERVICES RELATED TO 18,582
REMEDIATION SHALL REPORT TO THE BOARD IF THE INDIVIDUAL FAILS TO 18,583
COMPLETE THE REMEDIATION.
IN THE ABSENCE OF FRAUD OR BAD FAITH, AN ENTITY THAT 18,585
REPORTS TO THE BOARD REGARDING AN INDIVIDUAL'S PRACTICE 18,586
DEFICIENCY, OR PROGRESS OR LACK OF PROGRESS IN REMEDIATION, IS 18,587
NOT LIABLE IN DAMAGES TO ANY PERSON AS A RESULT OF MAKING THE 18,588
REPORT.
(F) AN INDIVIDUAL PARTICIPATING IN REMEDIATION PRESCRIBED 18,591
434
UNDER THIS SECTION IS RESPONSIBLE FOR ALL FINANCIAL OBLIGATIONS 18,592
THAT MAY ARISE FROM OBTAINING OR COMPLETING THE REMEDIATION. 18,593
Sec. 4725.16. (A) Each certificate of licensure, topical 18,602
ocular pharmaceutical agents certificate, and therapeutic 18,604
pharmaceutical agents certificate issued by the state board of 18,606
optometry shall expire annually on the last day of December, and 18,607
may be renewed in accordance with this section and the standard 18,608
renewal procedure established under Chapter 4745. of the Revised 18,610
Code.
(B) All licensed optometrists shall annually complete 18,613
continuing education in subjects relating to the practice of 18,615
optometry, to the end that the utilization and application of new 18,616
techniques, scientific and clinical advances, and the 18,617
achievements of research will assure comprehensive care to the 18,618
public. The board shall prescribe by rule the continuing 18,619
optometric education that licensed optometrists must complete. 18,620
The length of study shall be determined by the board but shall be 18,622
not less than six nor more than twenty-five clock hours each 18,623
year, except that the board shall prescribe an additional five 18,625
clock hours of instruction in pharmacology to be completed by 18,627
optometrists who hold topical ocular pharmaceutical agents 18,628
certificates or therapeutic pharmaceutical agents certificates. 18,629
Unless the continuing education required under this 18,631
division is waived or deferred under division (D) of this 18,632
section, the continuing education must be completed during the 18,633
twelve-month period beginning on the first day of October and 18,635
ending on the last day of September. If the board receives 18,636
notice from a continuing education program indicating that an 18,637
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 18,638
education completed after that day to renew the license that 18,639
expires on the last day of December of that year, the optometrist 18,641
shall pay the penalty specified under section 4725.34 of the 18,642
Revised Code for late completion of continuing education. 18,643
435
At least once annually, the board shall mail to each 18,646
licensed optometrist a list of courses approved in accordance 18,647
with standards prescribed by board rule. Upon the request of a 18,648
licensed optometrist, the executive director of the board shall 18,650
supply a list of additional courses that the board has approved 18,652
subsequent to the most recent mailing of the list of approved 18,653
courses.
(C) Annually, by the first day of November, the board 18,656
shall mail to each licensed optometrist a notice regarding 18,657
license renewal and an application for license renewal. The 18,658
application shall be in such form and require such pertinent 18,659
professional biographical data as the board may require. Filing 18,660
of the application with the board shall serve as notice by the 18,661
optometrist that the continuing optometric education requirement 18,663
has been successfully completed.
If the board finds that the optometrist has not completed 18,665
the required continuing optometric education, the board shall 18,667
disapprove the optometrist's application. All other applications 18,669
shall be approved. The board shall refuse to accept an 18,670
application for renewal from any applicant whose license is not
in good standing or who is under disciplinary review pursuant to 18,671
section 4725.19 of the Revised Code. 18,672
The board's order of disapproval for renewal shall be 18,674
effective without a hearing unless a hearing is requested 18,677
pursuant to Chapter 119. of the Revised Code. Notice of the 18,679
applicant's failure to qualify for renewal shall be served upon 18,680
the applicant by mail, which shall be sent on or before the 18,682
fifteenth day of November to the address shown in the board's 18,684
records.
(D) In cases of certified illness or undue hardship, the 18,686
board may waive or defer for up to twelve months the requirement 18,688
of continuing optometric education, except that in such cases the 18,690
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 18,691
436
topical ocular pharmaceutical agents certificates or therapeutic 18,692
pharmaceutical agents certificates. The board shall waive the 18,693
requirement of continuing optometric education for any 18,694
optometrist who is serving in the armed forces of the United 18,695
States or who has received an initial certificate of licensure 18,697
during the nine-month period which ended on the last day of 18,698
September.
(E) An optometrist who desires to continue the practice of 18,702
optometry and whose application for license renewal has been 18,703
approved by the board may renew each certificate held by paying 18,704
the fees for renewal specified under section 4725.34 of the 18,705
Revised Code. The optometrist shall pay the fees on or before 18,706
the first day of January to the treasurer of state. On payment 18,708
of the renewal fees, the board shall issue a renewal of the 18,709
optometrist's certificate of licensure, topical ocular 18,710
pharmaceutical agents certificate, and therapeutic pharmaceutical 18,711
agents certificate, as appropriate. 18,712
(F) A notice shall be sent to every licensed optometrist 18,716
who fails to respond to the notice provided under division (C) of 18,717
this section, at the optometrist's last address, at least one 18,719
month in advance of the date of expiration. A second notice 18,721
shall be sent in advance of the date of expiration and prior to 18,722
any action under division (G) of this section to classify the 18,723
optometrist's certificates as delinquent, to every optometrist 18,724
failing to respond to the preceding notice. 18,725
(G)(1) The failure of an optometrist to apply for license 18,728
renewal or the failure to pay the applicable annual renewal fees 18,730
on or before the last day of December of each year, shall 18,731
automatically work a forfeiture of the optometrist's authority to 18,733
practice optometry in this state. The certificates issued by the
board to the individual shall be classified in the board's 18,734
records as delinquent. 18,735
(2) Any optometrist subject to delinquent classification 18,738
may submit a written application to the board for reinstatement. 18,740
437
For reinstatement to occur, the applicant must meet all of the 18,741
following conditions:
(a) Submit to the board evidence of compliance with board 18,744
rules requiring continuing optometric education in a sufficient 18,745
number of hours to make up for any delinquent compliance; 18,746
(b) Pay all delinquent annual THE renewal fees FOR THE 18,749
YEAR IN WHICH APPLICATION FOR REINSTATEMENT IS MADE and the 18,750
penalty for reinstatement FEE specified under DIVISION (A)(7) OF 18,751
section 4725.34 of the Revised Code; 18,752
(c) Pass all or part of the licensing examination accepted 18,755
by the board under section 4725.11 of the Revised Code as the 18,756
board considers appropriate to determine whether the application 18,757
for reinstatement should be approved; 18,758
(d) If the applicant has been practicing optometry in 18,760
another state or country, submit evidence that the applicant's 18,761
license to practice optometry in the other state or country is in 18,763
good standing.
(3) The board shall approve an application for 18,765
reinstatement if the conditions specified in division (G)(2) of 18,767
this section are met. An optometrist who receives reinstatement 18,768
is subject to the continuing education requirements specified 18,769
under division (B) of this section for the year in which 18,770
reinstatement occurs. 18,771
Sec. 4725.17. (A) An optometrist who intends not to 18,780
continue practicing optometry in this state due to retirement or 18,781
a decision to practice in another state or country may apply to 18,782
the state board of optometry to have the certificates issued to 18,783
the optometrist placed on inactive status. Application for 18,784
inactive status shall consist of a written notice to the board of 18,786
the optometrist's intention to no longer practice in this state. 18,787
The board may not accept an application submitted after the 18,788
applicant's certificate of licensure and any other certificates 18,789
have expired. The board may approve an application for placement 18,790
on inactive status only if the applicant's certificates are in 18,792
438
good standing and the applicant is not under disciplinary review 18,793
pursuant to section 4725.19 of the Revised Code. 18,794
(B) An individual whose certificates have been placed on 18,796
inactive status may submit a written application to the board for 18,797
reinstatement. For reinstatement to occur, the applicant must 18,799
meet all of the following conditions: 18,800
(1) Pay the renewal fees for that THE year IN WHICH 18,802
APPLICATION FOR REINSTATEMENT IS MADE and the reinstatement fee 18,803
specified under DIVISION (A)(8) OF section 4725.34 of the Revised 18,805
Code; 18,806
(2) Pass all or part of the licensing examination accepted 18,808
by the board under section 4725.11 of the Revised Code as the 18,810
board considers appropriate to determine whether the application 18,811
for reinstatement should be approved;
(3) If the applicant has been practicing optometry in 18,813
another state or country, submit evidence of being in the active 18,814
practice OF optometry in the other state or country and evidence 18,815
that the applicant's license to practice in the other state or 18,816
country is in good standing. 18,817
(C) The board shall approve an application for 18,819
reinstatement if the conditions specified in division (B) of this 18,821
section are met. An optometrist who receives reinstatement is 18,823
subject to the continuing education requirements specified under 18,824
section 4725.16 of the Revised Code for the year in which 18,825
reinstatement occurs.
Sec. 4729.54. (A) As used in this section: 18,834
(1) "Category I" means single-dose injections of 18,836
intravenous fluids, including saline, Ringer's lactate, five per 18,837
cent dextrose and distilled water, and other intravenous fluids 18,838
or parenteral solutions included in this category by rule of the 18,839
board of pharmacy, that have a volume of one hundred milliliters 18,840
or more and that contain no added substances, or single-dose 18,841
injections of epinephrine to be administered pursuant to sections 18,842
4765.38 and 4765.39 of the Revised Code. 18,843
439
(2) "Category II" means any dangerous drug that is not 18,845
included in category I or III. 18,846
(3) "Category III" means any controlled substance that is 18,848
contained in schedule I, II, III, IV, or V. 18,849
(4) "Emergency medical service organization" has the same 18,851
meaning as in section 4765.01 of the Revised Code. 18,852
(5) "Person" includes an emergency medical service 18,854
organization. 18,855
(6) "Schedule I, schedule II, schedule III, schedule IV, 18,857
and schedule V" mean controlled substance schedules I, II, III, 18,858
IV, and V, respectively, as established pursuant to section 18,859
3719.41 of the Revised Code and as amended. 18,860
(B) A person who desires to be licensed as a terminal 18,862
distributor of dangerous drugs shall file with the executive 18,863
director of the board of pharmacy a verified application that 18,864
contains the following: 18,865
(1) Information that the board requires relative to the 18,867
qualifications of a terminal distributor of dangerous drugs set 18,868
forth in section 4729.55 of the Revised Code; 18,869
(2) A statement that the person wishes to be licensed as a 18,871
category I, category II, category III, limited category I, 18,872
limited category II, or limited category III terminal distributor 18,873
of dangerous drugs; 18,874
(3) If the person wishes to be licensed as a limited 18,876
category I, limited category II, or limited category III terminal 18,877
distributor of dangerous drugs, a notarized list of the dangerous 18,878
drugs that the person wishes to possess, have custody or control 18,879
of, and distribute, which list shall also specify the purpose for 18,880
which those drugs will be used and their source; 18,881
(4) If the person is an emergency medical service 18,883
organization, the information that is specified in division 18,884
(C)(1) of this section; 18,885
(5) Except for an emergency medical service organization, 18,887
the identity of the one establishment or place at which the 18,888
440
person intends to engage in the sale or other distribution of 18,889
dangerous drugs at retail, and maintain possession, custody, or 18,890
control of dangerous drugs for purposes other than the person's 18,891
own use or consumption. 18,892
(C)(1) An emergency medical service organization that 18,894
wishes to be licensed as a terminal distributor of dangerous 18,895
drugs shall list in its application for licensure the following 18,896
additional information: 18,897
(a) The units under its control that the organization 18,899
determines will possess dangerous drugs for the purpose of 18,900
administering emergency medical services in accordance with 18,901
Chapter 4765. of the Revised Code; 18,902
(b) With respect to each such unit, whether the dangerous 18,904
drugs that the organization determines the unit will possess are 18,905
in category I, II, or III. 18,906
(2) An emergency medical service organization that is 18,908
licensed as a terminal distributor of dangerous drugs shall file 18,909
a new application for such licensure if there is any change in 18,910
the number, or location of, any of its units or any change in the 18,911
category of the dangerous drugs that any unit will possess. 18,912
(3) A unit listed in an application for licensure pursuant 18,914
to division (C)(1) of this section may obtain the dangerous drugs 18,915
it is authorized to possess from its emergency medical service 18,916
organization or, on a replacement basis, from a hospital 18,917
pharmacy. If units will obtain dangerous drugs from a hospital 18,918
pharmacy, the organization shall file, and maintain in current 18,919
form, the following items with the pharmacist who is responsible 18,920
for the hospital's terminal distributor of dangerous drugs 18,921
license: 18,922
(a) A copy of its standing orders or protocol; 18,924
(b) A list of the personnel employed or used by the 18,926
organization to provide emergency medical services in accordance 18,927
with Chapter 4765. of the Revised Code, who are authorized to 18,928
possess the drugs, which list also shall indicate the personnel 18,929
441
who are authorized to administer the drugs. 18,930
(D) Each emergency medical service organization that 18,932
applies for a terminal distributor of dangerous drugs license 18,933
shall submit with its application the following: 18,934
(1) A notarized copy of its standing orders or protocol, 18,936
which orders or protocol shall be signed by a physician and 18,937
specify the dangerous drugs that its units may carry, expressed 18,938
in standard dose units; 18,939
(2) A list of the personnel employed or used by the 18,941
organization to provide emergency medical services in accordance 18,942
with Chapter 4765. of the Revised Code. 18,943
An emergency medical service organization that is licensed 18,945
as a terminal distributor shall notify the board immediately of 18,946
any changes in its standing orders or protocol. 18,947
(E) There shall be six categories of terminal distributor 18,949
of dangerous drugs licenses, which categories shall be as 18,950
follows: 18,951
(1) Category I license. A person who obtains this license 18,953
may possess, have custody or control of, and distribute only the 18,954
dangerous drugs described in category I. 18,955
(2) Limited category I license. A person who obtains this 18,957
license may possess, have custody or control of, and distribute 18,958
only the dangerous drugs described in category I that were listed 18,959
in the application for licensure. 18,960
(3) Category II license. A person who obtains this 18,962
license may possess, have custody or control of, and distribute 18,963
only the dangerous drugs described in category I and category II. 18,964
(4) Limited category II license. A person who obtains 18,966
this license may possess, have custody or control of, and 18,967
distribute only the dangerous drugs described in category I or 18,968
category II that were listed in the application for licensure. 18,969
(5) Category III license. A person who obtains this 18,971
license may possess, have custody or control of, and distribute 18,972
the dangerous drugs described in category I, category II, and 18,973
442
category III. 18,974
(6) Limited category III license. A person who obtains 18,976
this license may possess, have custody or control of, and 18,977
distribute only the dangerous drugs described in category I, 18,978
category II, or category III that were listed in the application 18,979
for licensure. 18,980
(F) Except for an application made on behalf of an animal 18,982
shelter, if an applicant for licensure as a limited category I, 18,983
II, or III terminal distributor of dangerous drugs intends to 18,984
administer dangerous drugs to a person or animal, the applicant 18,985
shall submit, with the application, a notarized copy of its 18,986
protocol or standing orders, which protocol or orders shall be 18,987
signed by a licensed health professional authorized to prescribe 18,989
drugs, specify the dangerous drugs to be administered, and list 18,990
personnel who are authorized to administer the dangerous drugs in 18,991
accordance with federal law or the law of this state. An 18,992
application made on behalf of an animal shelter shall include a 18,993
notarized list of the dangerous drugs to be administered to
animals and the personnel who are authorized to administer the 18,994
drugs to animals in accordance with section 4729.532 of the 18,995
Revised Code. After obtaining a terminal distributor license, a 18,996
licensee shall notify the board immediately of any changes in its 18,997
protocol or standing orders, or in such personnel. 18,998
(G)(1) Except as provided in division (G)(2) of this 19,001
seciton SECTION, each applicant for licensure as a terminal 19,003
distributor of dangerous drugs shall submit, with the 19,004
application, a license fee determined as follows: 19,005
(a) For a category I or limited category I license, 19,007
forty-five dollars; 19,008
(b) For a category II or limited category II license, one 19,011
hundred twelve dollars and fifty cents;
(c) For a category III or limited category III license, 19,013
one hundred fifty dollars. 19,014
(2) For a professional association, corporation, 19,016
443
partnership, or limited liability company organized for the 19,017
purpose of practicing veterinary medicine, the fee shall be five 19,018
FORTY dollars. 19,019
Fees assessed under divisions (G)(1) and (2) of this 19,022
section shall not be returned if the applicant fails to qualify 19,023
for registration.
(H)(1) The board shall issue a terminal distributor of 19,025
dangerous drugs license to each person who submits an application 19,026
for such licensure in accordance with this section, pays the 19,027
required license fee, is determined by the board to meet the 19,028
requirements set forth in section 4729.55 of the Revised Code, 19,029
and satisfies any other applicable requirements of this section. 19,030
(2) The license of a person other than an emergency 19,032
medical service organization shall describe the one establishment 19,033
or place at which the licensee may engage in the sale or other 19,034
distribution of dangerous drugs at retail and maintain 19,035
possession, custody, or control of dangerous drugs for purposes 19,036
other than the licensee's own use or consumption. The one 19,037
establishment or place shall be that which is described in the 19,039
application for licensure. 19,040
No such license shall authorize or permit the terminal 19,042
distributor of dangerous drugs named in it to engage in the sale 19,043
or other distribution of dangerous drugs at retail or to maintain 19,044
possession, custody, or control of dangerous drugs for any 19,045
purpose other than the distributor's own use or consumption, at 19,047
any establishment or place other than that described in the 19,048
license, except that an agent or employee of an animal shelter 19,049
may possess and use dangerous drugs in the course of business as 19,050
provided in division (D) of section 4729.532 of the Revised Code. 19,051
(3) The license of an emergency medical service 19,053
organization shall cover and describe all the units of the 19,056
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 19,058
drugs shall indicate, on its face, the category of licensure. If 19,059
444
the license is a limited category I, II, or III license, it shall 19,060
specify, and shall authorize the licensee to possess, have 19,061
custody or control of, and distribute only, the dangerous drugs 19,062
that were listed in the application for licensure. 19,063
(I) All licenses issued pursuant to this section shall be 19,065
effective for a period of twelve months from the first day of 19,066
January of each year. A license shall be renewed by the board 19,067
for a like period, annually, according to the provisions of this 19,068
section, and the standard renewal procedure of Chapter 4745. of 19,069
the Revised Code. A person who desires to renew a license shall 19,070
submit an application for renewal and pay the required fee on or 19,071
before the thirty-first day of December each year. The fee 19,073
required for the renewal of a license shall be the same as the 19,074
fee paid for the license being renewed, and shall accompany the 19,075
application for renewal. 19,076
A license that has not been renewed during December in any 19,078
year and by the first day of February of the following year may 19,079
be reinstated only upon payment of the required renewal fee and a 19,080
penalty fee of fifty-five dollars. 19,081
(J)(1) No emergency medical service organization that is 19,083
licensed as a terminal distributor of dangerous drugs shall fail 19,084
to comply with division (C)(2) or (3) of this section. 19,085
(2) No emergency medical service organization that is 19,087
licensed as a terminal distributor of dangerous drugs shall fail 19,088
to comply with division (D) of this section. 19,089
(3) No licensed terminal distributor of dangerous drugs 19,091
shall possess, have custody or control of, or distribute 19,092
dangerous drugs that the terminal distributor is not entitled to 19,093
possess, have custody or control of, or distribute by virtue of 19,094
its category of licensure. 19,095
(4) No licensee that is required by division (F) of this 19,097
section to notify the board of changes in its protocol or 19,098
standing orders, or in personnel, shall fail to comply with that 19,099
division. 19,100
445
Sec. 4730.11. If the state medical board determines under 19,110
section 4730.10 of the Revised Code that an applicant meets the 19,112
requirements for a certificate of registration as a physician
assistant, the secretary of the board shall register the 19,114
applicant as a physician assistant and issue to the applicant a 19,116
certificate of registration as a physician assistant. The 19,118
certificate shall expire biennially and may be renewed in 19,119
accordance with section 4730.12 of the Revised Code.
UPON APPLICATION BY THE HOLDER OF A CERTIFICATE OF 19,121
REGISTRATION, THE BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO 19,122
REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, 19,123
OR FOR ANY OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE 19,124
CERTIFICATE SHALL BE THIRTY-FIVE DOLLARS.
Sec. 4731.281. (A) On or before the deadline established 19,133
under division (B) of this section for applying for renewal of a 19,135
certificate of registration, each person holding a certificate 19,137
under this chapter to practice medicine and surgery, osteopathic 19,138
medicine and surgery, or podiatry shall certify to the state 19,139
medical board that in the preceding two years the person has 19,140
completed one hundred hours of continuing medical education. The 19,141
certification shall be made upon the application for biennial 19,142
registration submitted pursuant to division (B) of this section. 19,145
The board shall adopt rules providing for pro rata reductions by 19,146
month of the number of hours of continuing education required for 19,148
persons who are in their first registration period, who have a
registration period of less than two years due to initial 19,149
implementation of the staggered renewal schedule established 19,150
under division (B) of this section, who have been disabled due to 19,152
illness or accident, or who have been absent from the country. 19,153
In determining whether a course, program, or activity 19,155
qualifies for credit as continuing medical education, the board 19,156
shall approve all continuing medical education taken by persons 19,158
holding a certificate to practice medicine and surgery that is 19,159
certified by the Ohio state medical association, all continuing 19,160
446
medical education taken by persons holding a certificate to 19,161
practice osteopathic medicine and surgery that is certified by 19,162
the Ohio osteopathic association, and all continuing medical 19,164
education taken by persons holding a certificate to practice 19,165
podiatry that is certified by the Ohio podiatric medical 19,167
association. Each person holding a certificate to practice under 19,169
this chapter shall be given sufficient choice of continuing 19,170
education programs to ensure that the person has had a reasonable 19,171
opportunity to participate in continuing education programs that 19,173
are relevant to the person's medical practice in terms of subject 19,175
matter and level.
The board may require a random sample of persons holding a 19,178
certificate to practice under this chapter to submit materials 19,179
documenting completion of the continuing medical education 19,180
requirement during the preceding registration period, but this 19,181
provision shall not limit the board's authority to investigate 19,182
pursuant to section 4731.22 of the Revised Code. 19,183
(B)(1) Every person holding a certificate under this 19,185
chapter to practice medicine and surgery, osteopathic medicine 19,186
and surgery, or podiatry wishing to renew that certificate shall 19,187
apply to the board for a certificate of registration upon an 19,189
application furnished by the board, and pay to the board at the 19,190
time of application a fee of two THREE hundred seventy-five FIVE 19,191
dollars, according to the following schedule: 19,192
(a) Persons whose last name begins with the letters "A" 19,194
through "B," on or before April 1, 2001, and the first day of 19,195
April of every odd-numbered year thereafter; 19,196
(b) Persons whose last name begins with the letters "C" 19,198
through "D," on or before January 1, 2001, and the first day of 19,199
January of every odd-numbered year thereafter; 19,200
(c) Persons whose last name begins with the letters "E" 19,203
through "G," on or before October 1, 2000, and the first day of 19,206
October of every even-numbered year thereafter; 19,207
(d) Persons whose last name begins with the letters "H" 19,210
447
through "K," on or before July 1, 2000, and the first day of July 19,213
of every even-numbered year thereafter; 19,214
(e) Persons whose last name begins with the letters "L" 19,217
through "M," on or before April 1, 2000, and the first day of 19,220
April of every even-numbered year thereafter; 19,221
(f) Persons whose last name begins with the letters "N" 19,224
through "R," on or before January 1, 2000, and the first day of 19,227
January of every even-numbered year thereafter; 19,228
(g) Persons whose last name begins with the letter "S," on 19,231
or before October 1, 1999, and the first day of October of every 19,233
odd-numbered year thereafter; 19,234
(h) Persons whose last name begins with the letters "T" 19,237
through "Z," on or before July 1, 1999, and the first day of July 19,238
of every odd-numbered year thereafter. 19,239
The board shall deposit the fee in accordance with section 19,242
4731.24 of the Revised Code, except that, until July 30, 2001, 19,244
the board shall deposit twenty dollars of the fee into the state 19,245
treasury to the credit of the physician loan repayment fund 19,246
created by section 3702.78 of the Revised Code. 19,247
(2) The board shall mail or cause to be mailed to every 19,250
person registered to practice medicine and surgery, osteopathic 19,251
medicine and surgery, or podiatry, an application for 19,252
registration addressed to the person's last known post-office 19,253
address or may cause the application to be sent to the person 19,255
through the secretary of any recognized medical, osteopathic, or 19,256
podiatric society, according to the following schedule: 19,258
(a) To persons whose last name begins with the letters "A" 19,260
through "B," on or before January 1, 2001, and the first day of 19,262
January of every odd-numbered year thereafter; 19,263
(b) To persons whose last name begins with the letters "C" 19,266
through "D," on or before October 1, 2000, and the first day of 19,269
October of every even-numbered year thereafter; 19,270
(c) To persons whose last name begins with the letters "E" 19,273
through "G," on or before July 1, 2000, and the first day of July 19,276
448
of every even-numbered year thereafter; 19,277
(d) To persons whose last name begins with the letters "H" 19,280
through "K," on or before April 1, 2000, and the first day of 19,283
April of every even-numbered year thereafter; 19,284
(e) To persons whose last name begins with the letters "L" 19,287
through "M," on or before January 1, 2000, and the first day of 19,290
January of every even-numbered year thereafter; 19,291
(f) To persons whose last name begins with the letters "N" 19,294
through "R," on or before October 1, 1999, and the first day of 19,297
October of every odd-numbered year thereafter; 19,298
(g) To persons whose last name begins with the letter "S," 19,301
on or before July 1, 1999, and the first day of July of every 19,303
odd-numbered year thereafter; 19,304
(h) To persons whose last name begins with the letters "T" 19,307
through "Z," on or before April 1, 1999, and the first day of 19,310
April of every odd-numbered year thereafter. 19,311
Failure of any person to receive an application from the 19,314
board shall not excuse the person from the requirements contained 19,315
in this section. The application shall contain proper spaces for 19,316
the applicant's signature and the insertion of the required 19,317
information, including a statement that the person has fulfilled 19,319
the continuing education requirements imposed by this section. 19,320
The applicant shall write or cause to be written upon the 19,322
application so furnished the applicant's full name, principal 19,324
practice address and residence address, the number of the 19,326
applicant's certificate to practice, and any other facts for the 19,328
identification of the applicant as a person holding a certificate 19,329
to practice under this chapter as the board considers necessary. 19,330
The applicant shall include with the application a list of the 19,331
names and addresses of any clinical nurse specialists, certified 19,332
nurse-midwives, or certified nurse practitioners with whom the 19,333
applicant is currently collaborating, as defined in section 19,334
4723.02 of the Revised Code. The applicant shall execute and 19,337
deliver the application to the board by mail or in person. Every 19,338
449
person registered under this section shall give written notice to 19,339
the board of any change of principal practice address or 19,340
residence address or in the list within thirty days of the 19,341
change.
The applicant shall report any criminal offense that 19,343
constitutes grounds for refusal of registration under section 19,344
4731.22 of the Revised Code to which the applicant has pleaded 19,345
guilty, of which the applicant has been found guilty, or for 19,348
which the applicant has been found eligible for treatment in lieu 19,349
of conviction, since last signing an application for a 19,351
certificate of registration.
(C) The board shall issue to any person holding a 19,353
certificate under this chapter to practice medicine and surgery, 19,354
osteopathic medicine and surgery, or podiatry, upon application 19,355
and qualification therefor in accordance with this section, a 19,356
certificate of registration under the seal of the board. A 19,357
certificate of registration shall be valid for a two-year period, 19,358
commencing on the first day of the third month after the 19,360
registration fee is due and expiring on the last day of the month 19,362
two years thereafter. 19,363
The board shall publish and cause to be mailed to each 19,367
person registered under this section, upon request, a printed 19,368
list of the persons so registered.
(D) Failure of any certificate holder to register and 19,370
comply with this section shall operate automatically to suspend 19,371
the holder's certificate to practice. Continued practice after 19,374
the suspension of the certificate to practice shall be considered 19,375
as practicing in violation of section 4731.41, 4731.43, or 19,377
4731.60 of the Revised Code. Subject to section 4731.222 of the 19,378
Revised Code, the board shall reinstate a certificate to practice 19,379
for failure to register upon an applicant's submission of the 19,380
biennial registration fee, the applicable monetary penalty, and 19,382
certification by signature of the applicant that the applicant 19,383
has completed the requisite continuing medical education. The 19,384
450
penalty for reinstatement shall be fifty dollars if the 19,386
certificate has been suspended for two years or less and one 19,387
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 19,388
accordance with section 4731.24 of the Revised Code. 19,390
(E) If an individual certifies completion of the number of 19,392
hours and type of continuing medical education required to 19,394
receive a certificate of registration or reinstatement of a 19,395
certificate to practice, and the board finds through the random 19,396
samples it conducts under this section or through any other means 19,397
that the individual did not complete the requisite continuing 19,398
medical education, the board may impose a civil penalty of not 19,399
more than five thousand dollars. The board's finding shall be 19,400
made pursuant to an adjudication under Chapter 119. of the 19,401
Revised Code and by an affirmative vote of not fewer than six 19,403
members.
A civil penalty imposed under this division may be in 19,405
addition to or in lieu of any other action the board may take 19,406
under section 4731.22 of the Revised Code. The board shall 19,408
deposit civil penalties in accordance with section 4731.24 of the 19,409
Revised Code.
(F) The state medical board may obtain information not 19,411
protected by statutory or common law privilege from courts and 19,412
other sources concerning malpractice claims against any person 19,413
holding a certificate to practice under this chapter or 19,414
practicing as provided in section 4731.36 of the Revised Code. 19,415
Sec. 4732.05. The members of the state board of psychology 19,424
AND THE MEMBERS OF THE SCHOOL PSYCHOLOGY EXAMINATION COMMITTEE 19,425
shall receive an amount fixed under division (J) of section 19,426
124.15 of the Revised Code for each day employed in the discharge 19,427
of their official duties, and their necessary expenses while 19,428
engaged therein.
Sec. 4732.14. On or before the thirty-first day of August 19,437
of each even-numbered year, each person licensed by the state 19,438
451
board of psychology shall register with the board on a form 19,439
prescribed by the board, giving his THE PERSON'S name, address, 19,440
license number, the continuing education information required by 19,442
section 4732.141 of the Revised Code, and such other reasonable 19,443
information as the board requires, and pay to the board secretary 19,445
a biennial registration fee in an amount determined by the board, 19,446
but not to exceed two hundred SEVENTY-FIVE dollars IN FISCAL YEAR 19,447
2000 AND THREE HUNDRED FIFTY DOLLARS IN EACH FISCAL YEAR 19,448
THEREAFTER. A person licensed for the first time on or before 19,450
the thirty-first day of August of an even-numbered year shall 19,451
next be required to register on or before the thirty-first day of 19,452
August of the next even-numbered year.
Before the first day of August of each even-numbered year, 19,455
the secretary shall send a notice to each licensed psychologist 19,456
and licensed school psychologist, whether a resident or not, at 19,457
the licensed psychologist's or licensed school psychologist's 19,458
last known address, that the licensed psychologist's or licensed 19,459
school psychologist's biennial registration form and fee are due 19,460
on or before the last day of August. Before the fifteenth day of 19,461
September of such years, the secretary shall send a second notice 19,462
to each such person who has not paid the registration fee or 19,463
registered with the board as required by this section. A license 19,465
of any licensed psychologist or licensed school psychologist 19,466
shall automatically be suspended if the biennial registration fee 19,467
is not paid or the registration form is not received on or before 19,468
the thirtieth day of September of a renewal year. Within five 19,469
years thereafter, the board may reinstate any license so 19,470
suspended upon payment of the current registration fee and a 19,471
penalty not to exceed fifty dollars, as determined by the board, 19,472
and receipt of the registration form completed by the registrant 19,473
in accordance with this section and section 4732.141 of the 19,474
Revised Code or in accordance with any modifications authorized 19,475
by the board under division (F) of section 4732.141 of the 19,476
Revised Code. The board may by rule waive the payment of the
452
registration fee and completion of the continuing psychology 19,477
education required by section 4732.141 of the Revised Code by a 19,478
licensed psychologist or licensed school psychologist when the 19,479
licensed psychologist or licensed school psychologist is on 19,480
active duty in the armed forces of the United States. 19,481
Each licensed psychologist and licensed school psychologist 19,483
shall notify the secretary of any change in the licensed 19,484
psychologist's or licensed school psychologist's office address 19,485
or employment within ninety days of such change. 19,486
Sec. 4735.06. (A) Application for a license as a real 19,495
estate broker shall be made in writing to the superintendent of 19,496
real estate on blanks FORMS furnished by the superintendent and 19,497
filed with the superintendent and shall be sworn to SIGNED by the 19,499
applicant or its members or officers. Each application shall 19,501
state the name of the person applying and the location of the 19,502
place of business for which the license is desired, and give such 19,503
other information as the superintendent requires in the form of 19,504
application prescribed by the superintendent. 19,505
The application shall be accompanied by a recent photograph 19,507
of the applicant and the names of three resident freeholders of 19,508
the county in which the applicant resides or has his THE 19,509
APPLICANT'S place of business. If the applicant has resided, or 19,510
has engaged in the real estate business, for less than one year 19,512
in the county from which the application is made, the application 19,513
shall be accompanied by a recent photograph of the applicant and 19,514
the names of three resident freeholders of each of the counties 19,515
where he THE APPLICANT formerly resided or engaged in the real 19,516
estate business during the period of one year prior to the filing 19,517
of the application. No one of the freeholders shall be related 19,518
to the applicant, and one of them shall be the applicant's most 19,519
recent broker. If the applicant's most recent broker is a 19,520
relative of the applicant or is not a freeholder, the name of a 19,521
third freeholder shall be furnished. The freeholders shall 19,522
furnish information to the superintendent, on forms prescribed by 19,523
453
the superintendent, concerning the character of the applicant. 19,524
If the applicant maintains more than one place of business within 19,525
the state, he THE APPLICANT shall apply for and procure a 19,526
duplicate license for each branch office so maintained by him THE 19,527
APPLICANT. Each branch office shall be in the charge of a 19,529
licensed broker or salesman SALESPERSON.
If the applicant is a partnership or association, the names 19,531
of all the members also shall be stated, and, if the applicant is 19,532
a corporation, the names of its president and of each of its 19,533
officers also shall be stated. The superintendent has the right 19,534
to reject the application of any partnership, association, or 19,535
corporation if the name proposed to be used by such partnership, 19,536
association, or corporation is likely to mislead the public or if 19,537
the name is not such as to distinguish it from the name of any 19,538
existing partnership, association, or corporation licensed under 19,539
this chapter, unless there is filed with such THE application the 19,541
written consent of such existing partnership, association, or 19,542
corporation, executed by a duly authorized representative of it, 19,543
permitting the use of the name of such existing partnership, 19,544
association, or corporation. 19,545
(B) A fee of sixty-nine dollars shall accompany the 19,548
application for a real estate broker's license, which fee shall 19,549
include the license if it is issued. The application fee shall 19,550
be retained by the superintendent if the applicant is admitted to 19,551
the examination for the license or the examination requirement is 19,552
waived, but, if an applicant is not so admitted and a waiver is 19,553
not involved, one-half of the fee shall be retained by the 19,554
superintendent to cover the expenses of processing the 19,555
application and the other one-half shall be returned to the 19,556
applicant. A fee of sixty-nine dollars shall be charged by the 19,558
superintendent for each successive application made by an 19,559
applicant. 19,560
(C) Four dollars of each fee for a real estate broker's 19,563
license shall be credited to the real estate education and 19,564
454
research fund, which is hereby created in the state treasury. 19,565
The Ohio real estate commission may use the fund in discharging 19,566
the duties prescribed in divisions (E), (F), and (G) of section 19,567
4735.03 of the Revised Code and shall use it in the advancement 19,568
of education and research in real estate at any institution of 19,569
higher education in the state, or in contracting with any such 19,570
institution for a particular research or educational project in 19,571
the field of real estate, or in advancing loans, not exceeding 19,572
eight hundred dollars, to applicants for salesman SALESPERSON 19,573
licenses, to defray the costs of satisfying the educational 19,574
requirements of division (F) of section 4735.09 of the Revised 19,575
Code. Such loans shall be made according to rules established by 19,576
the commission under the procedures of Chapter 119. of the 19,577
Revised Code, and they shall be repaid to the fund within three 19,578
years of the time they are made. No more than ten thousand 19,579
dollars shall be lent from the fund in any one year. 19,580
The governor may appoint a representative from the 19,582
executive branch to be a member ex officio of the commission for 19,583
the purpose of advising on research requests or educational 19,584
projects. The commission shall report to the general assembly on 19,585
the third Tuesday after the third Monday in January of each year 19,586
setting forth the total amount contained in the fund and the 19,587
amount of each research grant that it has authorized and the 19,588
amount of each research grant requested. A copy of all research 19,589
reports shall be submitted to the state library of Ohio and the 19,590
library of the legislative service commission. 19,591
(D) If the superintendent, with the consent of the 19,593
commission, enters into an agreement with a national testing 19,594
service to administer the real estate broker's examination, 19,595
pursuant to division (A) of section 4735.07 of the Revised Code, 19,596
the superintendent may require an applicant to pay the TESTING 19,597
SERVICE'S examination fee directly to the testing service. If 19,599
the superintendent requires the payment of the examination fee 19,600
directly to the testing service, the fee which accompanies the 19,601
455
application for a broker's license shall be reduced by the amount 19,602
paid to the testing service. 19,603
Sec. 4735.07. (A) The superintendent of real estate, with 19,613
the consent of the Ohio real estate commission, may enter into 19,614
agreements with recognized national testing services to 19,615
administer the real estate broker's examination under his THE 19,616
SUPERINTENDENT'S supervision and control, consistent with the 19,617
requirements of this chapter as to the contents of such 19,619
examination.
(B) No person shall take the broker's examination who has 19,621
not established to the satisfaction of the superintendent that he 19,623
THE PERSON:
(1) Is honest, truthful, and of good reputation; 19,625
(2)(a) Has not been convicted of a felony or crime of 19,627
moral turpitude, or if he THE PERSON has been so convicted, the 19,628
superintendent has disregarded the conviction because the 19,629
applicant has proven to the superintendent, by a preponderance of 19,630
the evidence, that his THE APPLICANT'S activities and employment 19,631
record since the conviction show that he THE APPLICANT is honest, 19,633
truthful, and of good reputation, and there is no basis in fact 19,635
for believing that he THE APPLICANT again will violate the laws 19,636
involved;
(b) Has not been finally adjudged by a court to have 19,638
violated any municipal, state, or federal civil rights laws 19,639
relevant to the protection of purchasers or sellers of real 19,640
estate or, if he THE PERSON has been so adjudged, at least two 19,641
years have passed since the court decision and the superintendent 19,643
has disregarded the adjudication because the applicant has 19,644
proven, by a preponderance of the evidence, that his THE 19,645
APPLICANT'S activities and employment record since the 19,646
adjudication show that he THE APPLICANT is honest, truthful, and 19,647
of good reputation, and there is no basis in fact for believing 19,648
that he THE APPLICANT will again violate the laws involved; 19,649
(3) Has not, during any period in which he THE PERSON was 19,651
456
licensed under this chapter, violated any provision of, or any 19,653
rule adopted pursuant to, this chapter, or, if he THE PERSON has 19,654
violated any such provision or rule, has established to the 19,655
satisfaction of the superintendent that he THE PERSON will not 19,656
again violate such provision or rule; 19,657
(4) Is at least eighteen years of age; 19,659
(5) Has been a licensed real estate broker or salesman 19,661
SALESPERSON for at least two years; during at least two of the 19,662
five years preceding his THE PERSON'S application, has worked as 19,664
a licensed real estate broker or salesman SALESPERSON for an 19,666
average of at least thirty hours per week; and has completed one 19,667
of the following:
(a) At least twenty real estate transactions, in which 19,669
property was sold for another by the applicant while acting in 19,670
his THE capacity as OF a real estate broker or salesman 19,672
SALESPERSON;
(b) Such equivalent experience as is defined by rules 19,674
adopted by the commission; 19,675
(6)(a) If licensed as a real estate salesman SALESPERSON 19,677
prior to January 1, 1990, successfully has completed at an 19,678
institution of higher education all of the following: 19,679
(i) Thirty hours of classroom instruction in real estate 19,681
practice; 19,682
(ii) Thirty hours of classroom instruction that includes 19,684
the subjects of Ohio real estate law, municipal, state, and 19,685
federal civil rights law, new case law on housing discrimination, 19,686
desegregation issues, and methods of eliminating the effects of 19,687
prior discrimination. If feasible, the classroom instruction in 19,688
Ohio real estate law shall be taught by a member of the faculty 19,689
of an accredited law school. If feasible, the classroom 19,690
instruction in municipal, state, and federal civil rights law, 19,691
new case law on housing discrimination, desegregation issues, and 19,692
methods of eliminating the effects of prior discrimination shall 19,693
be taught by a staff member of the Ohio civil rights commission 19,694
457
who is knowledgeable with respect to those subjects. The 19,695
requirements of this division do not apply to an applicant who is 19,696
admitted to practice before the supreme court. 19,697
(iii) Thirty hours of classroom instruction in real estate 19,699
appraisal; 19,700
(iv) Thirty hours of classroom instruction in real estate 19,702
finance; 19,703
(v) Three quarter hours, or its equivalent in semester 19,705
hours, in financial management; 19,706
(vi) Three quarter hours, or its equivalent in semester 19,708
hours, in human resource or personnel management; 19,709
(vii) Three quarter hours, or its equivalent in semester 19,711
hours, in applied business economics; 19,712
(viii) Three quarter hours, or its equivalent in semester 19,714
hours, in business law. 19,715
(b) Division (B)(6)(a) of this section does not apply to 19,717
any applicant who holds a valid real estate salesman's 19,718
SALESPERSON'S license issued prior to January 2, 1972, or to 19,719
applicants for a limited real estate broker's or salesman's 19,721
SALESPERSON'S license. Divisions (B)(6)(a)(v), (vi), (vii), and 19,722
(viii) of this section do not apply to any applicant who holds a 19,723
valid real estate salesman's SALESPERSON'S license issued prior 19,724
to January 3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 19,726
or after January 3, 1984, satisfactorily has completed a minimum 19,727
of two years of post-secondary education, or its equivalent in 19,728
semester or quarter hours, at an institution of higher education, 19,729
and has fulfilled the requirements of division (B)(6)(a) of this 19,730
section. The requirements of division (B)(6)(a) of this section 19,731
may be included in the two years of post-secondary education, or 19,732
its equivalent in semester or quarter hours, that is required by 19,733
this division. 19,734
(C) Each applicant for a broker's license shall be 19,736
examined in the principles of real estate practice, Ohio real 19,737
458
estate law, and financing and appraisal, and as to the duties of 19,738
real estate brokers and real estate salesmen SALESPERSONS, the 19,739
applicant's knowledge of real estate transactions and instruments 19,740
relating to them, and the canons of business ethics pertaining to 19,741
them. The commission from time to time shall promulgate such 19,742
canons and cause them to be published in printed form. 19,743
Each applicant for a limited real estate broker's or 19,745
limited real estate salesman's SALESPERSON'S license shall be 19,746
examined only in the areas specified in section 4735.091 of the 19,747
Revised Code.
(D) Examinations shall be given entirely in writing, 19,749
except that they shall be administered orally or in braille to 19,750
the blind, as defined in section 5109.15 of the Revised Code, or 19,751
orally to an individual whose physical disability, as supported 19,752
by a physician's statement, renders it impossible to take a 19,753
written examination. The contents of an examination shall be 19,754
consistent with the requirements of division (B)(6)(a) of this 19,755
section and with the other specific requirements of this section. 19,756
An applicant who has completed the requirements of division 19,757
(B)(6)(a) of this section at the time of application may be 19,758
examined at the next regularly scheduled examination after he THE 19,759
APPLICANT is notified of his admission to the examination. 19,760
(E) The superintendent may waive the requirement of 19,762
examination in the case of an application from a nonresident real 19,763
estate broker of a state having similar requirements and under 19,764
the laws of which similar recognition is extended to licensed 19,765
real estate brokers and real estate salesmen SALESPERSONS of this 19,767
state.
(F) There shall be no limit placed on the number of times 19,769
an applicant may retake the examination. 19,770
(G) The superintendent in his THE SUPERINTENDENT'S 19,772
discretion may waive the requirement of examination if the 19,774
applicant has been licensed as a real estate broker by the 19,775
superintendent or commission at some time during the two-year 19,776
459
period immediately preceding the date of the current application. 19,777
(H)(1) Within twelve months from the date of issuance of 19,779
any real estate broker's license issued on or after January 1, 19,780
1990, the licensee successfully shall complete, at an institution 19,781
of higher education or any other institution that is approved by 19,782
the commission, ten hours of classroom instruction in real estate 19,783
brokerage. That instruction shall include, but not be limited 19,784
to, current issues in managing a real estate company or office. 19,785
Upon completion of the instruction, the licensee shall cause to 19,786
be filed with the superintendent a certificate from the 19,787
institution showing that he THE LICENSEE successfully has 19,788
completed the requirements of this division. 19,789
If the instruction is not successfully completed within 19,791
twelve months, the license of the real estate broker is suspended 19,792
automatically without the taking of any action by the commission. 19,793
The broker then shall have one year after the date of the 19,794
suspension of his THE BROKER'S license to successfully complete 19,795
the instruction required under this division, and his THE 19,797
BROKER'S license shall not be reinstated by the superintendent 19,798
until it is established, to the satisfaction of the 19,799
superintendent, that the requirements of this division have been 19,800
met.
(2) If the license of a real estate broker is suspended 19,802
pursuant to division (H)(1) of this section, the license of a 19,803
real estate salesman SALESPERSON associated with that broker 19,804
correspondingly is suspended pursuant to division (B) of section 19,806
4735.20 of the Revised Code. However, the suspended license of 19,807
the associated real estate salesman SALESPERSON shall be 19,808
reinstated REACTIVATED and no fee shall be charged or collected 19,810
for that reinstatement REACTIVATION if all of the following 19,812
occur:
(a) That broker subsequently submits satisfactory proof to 19,814
the superintendent that he THE BROKER has complied with the 19,815
requirements of division (H)(1) of this section and requests that 19,817
460
his THE BROKER'S license as a real estate broker be reinstated; 19,818
(b) The superintendent then reinstates his REACTIVATES THE 19,820
BROKER'S license as a real estate broker; 19,822
(c) The associated real estate salesman SALESPERSON 19,824
intends to continue to be associated with that broker and 19,825
otherwise is in compliance with this chapter. 19,826
Sec. 4735.09. (A) Application for a license as a real 19,836
estate salesman SALESPERSON shall be made in writing to the 19,837
superintendent of real estate on blanks FORMS furnished by the 19,838
superintendent and signed and sworn to by the applicant. The 19,841
application shall be in the form prescribed by the superintendent 19,842
and shall contain such information as is required by this chapter 19,843
and the rules of the Ohio real estate commission. The 19,844
application shall be accompanied by a recent photograph of the 19,845
applicant and the recommendation of the real estate broker with 19,846
whom he THE APPLICANT is associated or with whom he THE APPLICANT 19,847
intends to be associated, certifying that the applicant is 19,849
honest, truthful, and of good reputation, has not been convicted 19,850
of a felony or a crime involving moral turpitude, and has not 19,851
been finally adjudged by a court to have violated any municipal, 19,852
state, or federal civil rights laws relevant to the protection of 19,853
purchasers or sellers of real estate, which conviction or 19,854
adjudication the applicant has not disclosed to the 19,855
superintendent, and recommending that the applicant be admitted 19,856
to the examination for real estate salesman. 19,857
(B) A fee of forty-nine dollars shall accompany the 19,860
application, which fee shall include the license if it is issued. 19,861
The application fee shall be retained by the superintendent if 19,862
the applicant is admitted to the examination for the license or 19,863
the examination requirement is waived, but, if an applicant is 19,864
not so admitted and a waiver is not involved, one-half of the fee 19,865
shall be retained by the superintendent to cover the expenses of 19,866
processing the application and the other one-half shall be 19,867
returned to the applicant. A fee of forty-nine dollars shall be 19,869
461
charged by the superintendent for each successive application 19,870
made by the applicant. Four dollars of each fee shall be 19,872
credited to the real estate education and research fund. 19,873
(C) There shall be no limit placed on the number of times 19,875
an applicant may retake the examination. 19,876
(D) The superintendent, with the consent of the 19,878
commission, may enter into an agreement with a recognized 19,879
national testing service to administer the real estate salesman's 19,880
SALESPERSON'S examination under his THE SUPERINTENDENT'S 19,881
supervision and control, consistent with the requirements of this 19,883
chapter as to the contents of such examination.
If the superintendent, with the consent of the commission, 19,885
enters into an agreement with a national testing service to 19,886
administer the real estate salesman's SALESPERSON'S examination, 19,887
the superintendent may require an applicant to pay the TESTING 19,888
SERVICE'S examination fee directly to the testing service. If 19,890
the superintendent requires the payment of the examination fee 19,891
directly to the testing service, the fee which accompanies the 19,892
application to take the salesman's SALESPERSON'S examination 19,893
shall be reduced by the amount paid to the testing service. 19,894
(E) The superintendent shall issue a real estate 19,896
salesman's SALESPERSON'S license when satisfied that the 19,897
applicant has received a grade of seventy-five per cent or better 19,899
on the salesman's SALESPERSON'S examination, except that the 19,900
superintendent may waive the requirement of examination if the 19,901
applicant was licensed by the commission or superintendent at 19,902
some time within the two-year period immediately preceding the 19,903
date of the current application IN THE CASE OF AN APPLICATION 19,904
FROM A NONRESIDENT REAL ESTATE SALESPERSON OF A STATE HAVING 19,905
SIMILAR REQUIREMENTS AND UNDER THE LAWS OF WHICH SIMILAR
RECOGNITION IS EXTENDED TO REAL ESTATE BROKERS AND SALESPERSONS 19,906
OF THIS STATE.
(F) No person shall take the salesman's SALESPERSON'S 19,908
examination who has not established to the satisfaction of the 19,909
462
superintendent that he THE PERSON: 19,910
(1) Is honest, truthful, and of good reputation; 19,912
(2)(a) Has not been convicted of a felony or crime of 19,914
moral turpitude or, if he THE PERSON has been so convicted, the 19,915
superintendent has disregarded the conviction because the 19,916
applicant has proven to the superintendent, by a preponderance of 19,917
the evidence, that his THE APPLICANT'S activities and employment 19,918
record since the conviction show that he THE APPLICANT is honest, 19,920
truthful, and of good reputation, and there is no basis in fact 19,922
for believing that he THE APPLICANT again will violate the laws 19,923
involved;
(b) Has not been finally adjudged by a court to have 19,925
violated any municipal, state, or federal civil rights laws 19,926
relevant to the protection of purchasers or sellers of real 19,927
estate or, if he THE APPLICANT has been so adjudged, at least two 19,929
years have passed since the court decision and the superintendent 19,930
has disregarded the adjudication because the applicant has 19,931
proven, by a preponderance of the evidence, that he THE APPLICANT 19,932
is honest, truthful, and of good reputation, and there is no 19,933
basis in fact for believing that he THE APPLICANT again will 19,935
violate the laws involved.
(3) Has not, during any period in which he THE PERSON was 19,937
licensed under this chapter, violated any provision of, or any 19,938
rule adopted pursuant to this chapter, or, if he THE PERSON has 19,939
violated such provision or rule, has established to the 19,940
satisfaction of the superintendent that he THE PERSON will not 19,941
again violate such provision or rule; 19,942
(4) Is at least eighteen years of age; 19,944
(5) If born after the year 1950, has a high school diploma 19,946
or its equivalent as recognized by the state department of 19,947
education; 19,948
(6)(a) Has successfully completed at an institution of 19,950
higher education all of the following: 19,951
(i) Thirty hours of classroom instruction in real estate 19,953
463
practice; 19,954
(ii) Thirty hours of classroom instruction that includes 19,956
the subjects of Ohio real estate law, municipal, state, and 19,957
federal civil rights law, new case law on housing discrimination, 19,958
desegregation issues, and methods of eliminating the effects of 19,959
prior discrimination. If feasible, the classroom instruction in 19,960
Ohio real estate law shall be taught by a member of the faculty 19,961
of an accredited law school. If feasible, the classroom 19,962
instruction in municipal, state, and federal civil rights law, 19,963
new case law on housing discrimination, desegregation issues, and 19,964
methods of eliminating the effects of prior discrimination shall 19,965
be taught by a staff member of the Ohio civil rights commission 19,966
who is knowledgeable with respect to those subjects. The 19,967
requirements of this division do not apply to an applicant who is 19,968
admitted to practice before the supreme court. 19,969
(iii) Thirty hours of classroom instruction in real estate 19,971
appraisal; 19,972
(iv) Thirty hours of classroom instruction in real estate 19,974
finance. 19,975
(b) Any person who has not been licensed as a real estate 19,977
salesman SALESPERSON or broker within a four-year period 19,978
immediately preceding his THE PERSON'S current application for 19,979
the salesman's SALESPERSON'S examination shall have successfully 19,980
completed the classroom instruction required by division 19,982
(F)(6)(a) of this section within a ten-year period immediately 19,983
preceding his THE PERSON'S current application for the salesman's 19,984
SALESPERSON'S examination.
(G) Within twelve months from the date of issuance of any 19,986
real estate salesman's license issued on or after January 4, 19,988
1988, and prior to January 1, 1990, or within twenty-four months
from the date of issuance of any real estate salesman's license 19,990
issued on or after January 1, 1987, and prior to January 4, 1988, 19,991
the licensee shall submit proof of successful completion, at an 19,992
institution of higher education, of thirty hours of classroom 19,993
464
instruction in both real estate appraisal and real estate 19,994
finance. Within twelve months from the date of issuance of any 19,995
real estate saleman's license issued on or after January 1, 1990 19,997
THE INITIAL CONTINUING EDUCATION CYCLE AS ESTABLISHED IN THE 19,998
SCHEDULE FOR EACH LICENSEE IN DIVISION (A) OF SECTION 4735.141 OF 19,999
THE REVISED CODE, the licensee shall submit proof of successful 20,000
completion, at an institution of higher education or any other 20,001
institution approved by the commission, of ten hours of classroom 20,002
instruction in real estate courses that cover current issues 20,003
regarding consumers, real estate practice, ethics, and real 20,004
estate law. Upon completion of the instruction, the licensee 20,005
shall cause to have filed with the superintendent a certificate 20,006
from the institution showing that he THE LICENSEE successfully 20,007
has completed the requirements of this division. If proof of 20,009
successful completion of the required instruction is not 20,010
submitted within the time period prescribed by this division, his 20,011
THE LICENSEE'S license is suspended automatically without the 20,012
taking of any action by the commission. The superintendent 20,013
immediately shall notify the broker with whom such salesman 20,014
SALESPERSON is associated of the suspension of his THE 20,015
SALESPERSON'S license. A salesman SALESPERSON whose license has 20,017
been suspended under this division shall have one year after the
date of the suspension of the SALESPERSON'S license to submit 20,018
proof of successful completion of the instruction required under 20,020
this division. No such license shall be reinstated REISSUED by 20,021
the superintendent until it is established, to the satisfaction 20,023
of the superintendent, that the requirements of this division 20,024
have been met. 20,025
(H) Examinations shall be given entirely in writing, 20,027
except that they shall be administered orally or in braille to 20,028
the blind, as defined in section 5109.15 of the Revised Code, or 20,029
orally to an individual whose physical disability, as supported 20,030
by a physician's statement, renders it impossible to take a 20,031
written examination WITH REASONABLE ACCOMMODATIONS IN ACCORDANCE 20,032
465
WITH THE REQUIREMENTS OF THE "AMERICANS WITH DISABILITIES ACT OF 20,034
1990," 104 STAT. 327, 42 U.S.C. 12101. The contents of an 20,035
examination shall be consistent with the classroom instructional 20,037
requirements of division (F)(6)(a) of this section. All persons 20,038
whose applications are pending shall be notified by mail at least 20,039
sixty days prior to such examination, except that an applicant 20,040
who has completed the classroom instructional requirements of 20,041
division (F)(6)(a) of this section at the time of application may 20,042
be examined at the next regularly scheduled examination after he 20,043
THE APPLICANT is notified of his THE APPLICANT'S admission to the 20,045
examination. Nothing in this section shall be construed to 20,047
prevent an applicant from completing, in the discretion of the 20,048
superintendent, the classroom instructional requirements of 20,049
division (F)(6)(a) of this section concurrently with the 20,050
processing of his THE APPLICANT'S application for examination. 20,051
Sec. 4735.14. (A) Each license issued under this chapter, 20,061
shall be valid without further recommendation or examination 20,062
until CANCELED, revoked or, suspended, OR SUCH LICENSE EXPIRES BY 20,064
OPERATION OF LAW.
(B) Each real estate LICENSED broker licensee, BROKERAGE, 20,067
OR SALESPERSON shall file, on or before the date the Ohio real 20,069
estate commission has adopted by rule for that licensee in 20,070
accordance with division (A)(2)(e) of section 4735.10 of the
Revised Code, a certificate of continuation in business on a form 20,071
prescribed by the superintendent of real estate listing all real 20,072
estate salespersons. The certificate of continuation in business 20,074
shall be mailed by the superintendent to the licensee's place of 20,075
business PERSONAL RESIDENCE OF EACH BROKER OR SALESPERSON AND THE 20,076
PLACE OF BUSINESS OF THE BROKERAGE two months prior to THE filing 20,077
deadline.
(C) The license of any real estate broker, BROKERAGE, or 20,080
salesperson who THAT fails to file a certificate of continuation 20,081
prior to ON OR BEFORE the filing deadline of each ensuing year 20,083
shall be revoked, unless the superintendent, for good cause 20,084
466
shown, determines that the certificate of continuation could not 20,085
have been filed by the filing deadline, but is filed within 20,086
fifteen days from that date CANCELED. A CANCELED LICENSE MAY BE 20,087
REACTIVATED WITHIN ONE YEAR OF CANCELLATION, PROVIDED THAT THE 20,088
RENEWAL FEE PLUS A PENALTY FEE OF FIFTY PER CENT OF THE RENEWAL 20,089
FEE IS PAID TO THE SUPERINTENDENT. FAILURE TO REACTIVATE THE 20,090
LICENSE AS PROVIDED IN THIS DIVISION SHALL RESULT IN REVOCATION
OF THE LICENSE. NO PERSON, PARTNERSHIP, ASSOCIATION, 20,091
CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNERSHIP 20,092
SHALL ENGAGE IN ANY ACT OR ACTS FOR WHICH A REAL ESTATE LICENSE 20,093
IS REQUIRED WHILE THAT ENTITY'S LICENSE IS CANCELED OR REVOKED. 20,094
Sec. 4735.141. (A) Except as otherwise provided in this 20,104
division, on or before January 31, 1983, and on or before the 20,105
thirty-first day of January of every third year thereafter, each 20,106
licensee who was licensed by the state prior to January 1, 1980, 20,107
as a real estate broker or salesperson shall submit proof 20,108
satisfactory to the superintendent of real estate that the 20,109
licensee has satisfactorily completed, during the preceding three 20,110
years, thirty classroom hours of continuing education as 20,111
prescribed by the Ohio real estate commission pursuant to section 20,112
4735.10 of the Revised Code. Persons licensed as real estate 20,113
salespersons within the state on or after January 1, 1980, shall 20,114
submit the proof to the superintendent on or before the last day 20,115
of the month of the third year directly following the filing of 20,116
the certificate prescribed in division (G) of section 4735.09 of 20,117
the Revised Code, and every third year thereafter. Persons ALL 20,118
CONTINUING EDUCATION REQUIRED TO BE COMPLETED AND SUBMITTED TO 20,119
THE DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING ON OR 20,120
AFTER JANUARY 1, 1999, SHALL BE REPORTED IN ACCORDANCE WITH THE 20,121
FOLLOWING SCHEDULE.
(1) ALL CONTINUING EDUCATION DUE IN THE YEAR 1999, SHALL 20,123
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,124
RENEWAL DATE IN THE YEAR 2000, AND ON THE SAME DATE EVERY THREE 20,125
YEARS THEREAFTER.
467
(2) ALL CONTINUING EDUCATION DUE IN THE YEAR 2000, SHALL 20,127
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,128
RENEWAL DATE IN THE YEAR 2001, AND ON THE SAME DATE EVERY THREE 20,129
YEARS THEREAFTER.
(3) ALL CONTINUING EDUCATION DUE IN THE YEAR 2001, SHALL 20,131
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,132
RENEWAL DATE IN THE YEAR 2002, AND ON THE SAME DATE EVERY THREE 20,133
YEARS THEREAFTER.
(4) ALL PERSONS LICENSED AS REAL ESTATE SALESPERSONS ON OR 20,135
AFTER JANUARY 1, 1999, SHALL BE REQUIRED TO COMPLETE AND SUBMIT 20,136
TO THE DIVISION THIRTY HOURS OF CONTINUING REAL ESTATE EDUCATION 20,137
IN ADDITION TO THE TEN-HOUR SALES POST LICENSURE COURSE, AS 20,138
REQUIRED PURSUANT TO DIVISION (G) OF SECTION 4735.09 OF THE 20,139
REVISED CODE, ON OR BEFORE THE THIRD ANNIVERSARY OF THEIR INITIAL 20,140
RENEWAL DATE. SUBSEQUENT CONTINUING REAL ESTATE CONTINUING
EDUCATION OF THIRTY HOURS REQUIRED PURSUANT TO THIS SECTION SHALL 20,141
BE COMPLETED AND SUBMITTED TO THE DIVISION ON THE LICENSEE'S 20,142
RENEWAL DATE EVERY THREE YEARS THEREAFTER. 20,143
(5) ALL PERSONS WHOSE LICENSE IS REISSUED PURSUANT TO 20,145
DIVISION (D) OF THIS SECTION SHALL COMPLETE AND SUBMIT THIRTY 20,146
HOURS OF CONTINUING REAL ESTATE EDUCATION TO THE DIVISION ON OR 20,147
BEFORE THE THIRD ANNIVERSARY OF THEIR LICENSE RENEWAL DATE. 20,148
(B) PERSONS licensed as real estate salespersons who 20,151
subsequently become licensed real estate brokers, shall continue 20,152
to submit proof of continuing education on IN ACCORDANCE WITH the 20,153
schedule established when they were licensed real estate 20,155
salespersons. The IN DIVISION (A) OF THIS SECTION. 20,156
THE requirements of this section shall not apply to persons 20,159
licensed under section 4735.091 of the Revised Code or to any 20,160
physically handicapped licensee as provided in division (E) of
this section. 20,161
Each licensee who is seventy years of age or older on the 20,163
effective date of this amendment, and each licensee who will be 20,165
seventy years of age or older within three years after the 20,166
468
effective date of this amendment JUNE 14, 1999, shall submit 20,167
proof satisfactory to the superintendent OF REAL ESATE that the 20,168
licensee has satisfactorily completed during the three-year 20,170
period commencing on the effective date of this amendment, and 20,171
every three-year period thereafter, a total of nine classroom 20,173
hours of continuing education, including instruction in Ohio real 20,174
estate law; recently enacted state and federal laws affecting the 20,175
real estate industry; municipal, state, and federal civil rights 20,177
law; and canons of ethics for the real estate industry as adopted 20,178
by the commission IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN
DIVISION (A) OF THIS SECTION. The commission shall adopt 20,179
reasonable rules in accordance with Chapter 119. of the Revised 20,181
Code to carry out the purposes of this paragraph. 20,182
A person providing any course of continuing education may 20,184
administer examinations to licensees for the purpose of 20,185
evaluating the effectiveness of the course, but passage of an 20,186
examination by a licensee shall not be a condition for successful 20,187
completion of the continuing education requirements of this 20,188
section. 20,189
(B)(C) The continuing education requirements of this 20,191
section shall be completed in schools, seminars, and educational 20,192
institutions approved by the commission. Such approval shall be 20,193
given according to rules established by the commission under the 20,194
procedures of Chapter 119. of the Revised Code, and shall not be 20,195
limited to institutions providing two-year or four-year degrees. 20,196
Each school, seminar, or educational institution approved under 20,197
this division shall be open to all licensees on an equal basis. 20,198
(C)(D) If the requirements of this section are not met by 20,200
a licensee within the period specified, the licensee's license 20,201
shall be suspended automatically without the taking of any action 20,202
by the superintendent. The superintendent shall notify the 20,203
licensee of the license suspension. Any license so suspended 20,204
shall remain suspended until it is reinstated REISSUED by the 20,205
superintendent. No such license shall be reinstated REISSUED 20,207
469
until it is established, to the satisfaction of the 20,209
superintendent, that the requirements of this section have been 20,210
met. If the requirements of this section are not met within two 20,211
years ONE YEAR from the date the license was suspended, the 20,213
license shall be revoked automatically without the taking of any 20,214
action by the commission. A person whose license has been 20,215
revoked and whose revoked license was issued prior to January 1, 20,216
1980, may have the person's license reinstated REISSUED by the 20,217
superintendent at any time after it has been revoked upon 20,218
submitting proof satisfactory to the superintendent that the 20,219
person has satisfactorily completed during the period since the 20,220
revocation of the person's license thirty classroom hours of 20,221
continuing education as prescribed by the commission pursuant to 20,222
section 4735.10 of the Revised Code. Upon reinstatement 20,223
REISSUANCE of the person's license, the licensee shall comply 20,225
with the educational requirements of division (A)(5) of this 20,226
section.
(D)(E) If the license of a real estate broker is suspended 20,228
pursuant to division (C)(D) of this section, the license of a 20,229
real estate salesperson associated with that broker 20,231
correspondingly is suspended pursuant to division (B) of section 20,233
4735.20 of the Revised Code. However, the suspended license of 20,234
the associated real estate salesperson shall be reinstated 20,235
REISSUED and no fee shall be charged or collected for that 20,237
reinstatement REISSUANCE if all of the following occur: 20,239
(1) That broker subsequently submits proof to the 20,241
superintendent that the broker has complied with the requirements 20,242
of this section and requests that the broker's license as a real 20,243
estate broker be reinstated; REISSUED. 20,244
(2) The superintendent then reinstates REISSUES the 20,246
broker's license as a real estate broker;. 20,248
(3) The associated real estate salesperson intends to 20,250
continue to be associated with that broker, has complied with the 20,251
requirements of this section, and otherwise is in compliance with 20,252
470
this chapter. 20,253
(E)(F) Any licensee who is a physically handicapped 20,255
licensee at any time during the last three months of the third 20,256
year of the licensee's continuing education reporting period may 20,257
receive an extension of time to submit proof to the 20,258
superintendent that the licensee has satisfactorily completed the 20,259
required thirty hours of continuing education. To receive an 20,260
extension of time, the licensee shall submit a request to the 20,261
division of real estate for the extension and proof satisfactory 20,262
to the commission that the licensee was a physically handicapped 20,263
licensee at some time during the last three months of the 20,264
three-year reporting period. The proof shall include, but is not 20,265
limited to, a signed statement by the licensee's attending
physician describing the physical disability, certifying that the 20,266
licensee's disability is of such a nature as to prevent the 20,267
licensee from attending any classroom instruction lasting at 20,268
least three hours in duration, and stating the expected duration 20,269
of the physical disability. The licensee shall request the 20,270
extension and provide the physician's statement to the division 20,271
no later than one month prior to the end of the licensee's 20,272
three-year continuing education reporting period, unless the 20,273
physical disability did not arise until the last month of the 20,274
three-year reporting period, in which event the licensee shall 20,275
request the extension and provide the physician's statement as 20,276
soon as practical after the occurrence of the physical 20,277
disability. A licensee granted an extension pursuant to this 20,278
division who is no longer a physically handicapped licensee and 20,279
who submits proof of completion of the continuing education 20,280
during the extension period, shall submit, for future continuing 20,281
education reporting periods, proof of completion of the 20,282
continuing education requirements according to the schedule 20,283
established in division (A) of this section.
Sec. 4736.12. (A) The state board of sanitarian 20,292
registration shall charge the following fees: 20,293
471
(1) To apply as a sanitarian-in-training, forty-five 20,295
FIFTY-FIVE dollars; 20,296
(2) For sanitarians-in-training to apply for registration 20,298
as sanitarians, forty-five FIFTY-FIVE dollars. The applicant 20,299
shall pay this fee only once regardless of the number of times 20,301
the applicant takes an examination required under section 4736.08 20,302
of the Revised Code.
(3) For persons other than sanitarians-in-training to 20,304
apply for registration as sanitarians, including persons meeting 20,305
the requirements of section 4736.16 of the Revised Code, ninety 20,306
ONE HUNDRED TEN dollars. The applicant shall pay this fee only 20,308
once regardless of the number of times the applicant takes an 20,309
examination required under section 4736.08 of the Revised Code. 20,310
(4) The renewal fee for registered sanitarians shall be 20,312
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 20,313
dollars and fifty cents. 20,315
(5) The renewal fee for sanitarians-in-training shall be 20,317
fixed by the board and shall not exceed forty-two FIFTY-EIGHT 20,318
dollars and fifty cents. 20,320
(6) FOR LATE APPLICATION FOR RENEWAL, TWENTY-FIVE DOLLARS. 20,322
The board of sanitarian registration, with the approval of 20,324
the controlling board, may establish fees in excess of the 20,325
amounts provided in this section, provided that such fees do not 20,326
exceed the amounts permitted by this section by more than fifty 20,327
per cent. 20,328
(B) The board of sanitarian registration shall charge 20,330
separate fees for examinations as required by section 4736.08 of 20,331
the Revised Code, provided that the fees are not in excess of the 20,332
actual cost to the board of conducting the examinations. 20,333
(C) THE BOARD OF SANITARIAN REGISTRATION MAY ADOPT RULES 20,335
ESTABLISHING FEES FOR ALL OF THE FOLLOWING: 20,336
(1) APPLICATION FOR THE REGISTRATION OF A TRAINING AGENCY 20,338
APPROVED UNDER RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 20,339
4736.11 OF THE REVISED CODE AND FOR THE ANNUAL REGISTRATION 20,340
472
RENEWAL OF AN APPROVED TRAINING AGENCY.
(2) APPLICATION FOR THE REVIEW OF CONTINUING EDUCATION 20,342
HOURS SUBMITTED FOR THE BOARD'S APPROVAL BY APPROVED TRAINING 20,343
AGENCIES OR BY REGISTERED SANITARIANS OR SANITARIANS-IN-TRAINING. 20,344
Sec. 4741.17. (A) Applicants or registrants shall pay to 20,353
the state veterinary medical licensing board: 20,354
(1) For an initial VETERINARY license based on 20,356
examination, ON OR AFTER THE FIRST DAY OF MARCH in an 20,357
even-numbered year, three hundred seventy-five dollars, and ON OR 20,359
AFTER THE FIRST DAY OF MARCH in an odd-numbered year, two hundred 20,360
fifty dollars; 20,361
(2) For a VETERINARY license by reciprocity issued ON OR 20,363
AFTER THE FIRST DAY OF MARCH in an even-numbered year, four 20,365
hundred twenty-five dollars, and ON OR AFTER THE FIRST DAY OF 20,366
MARCH in an odd-numbered year, three hundred dollars; 20,367
(3) For a VETERINARY temporary permit, one hundred 20,369
dollars;
(4) For a duplicate license, thirty-five dollars; 20,371
(5) For the VETERINARY biennial renewal fee, where the 20,373
application is postmarked no later than the first day of March, 20,374
one hundred twenty-five FIFTY-FIVE dollars; where the application 20,375
is postmarked after the first day of March, but no later than the 20,378
first day of April, one TWO hundred seventy-five TWENTY-FIVE 20,379
dollars; and where the application is postmarked after the first 20,382
day of April, two FOUR hundred twenty-five FIFTY dollars; 20,384
(6) FOR AN INITIAL REGISTERED VETERINARY TECHNICIAN 20,386
REGISTRATION FEE ON OR AFTER THE FIRST DAY OF MARCH IN AN 20,387
ODD-NUMBERED YEAR, THIRTY-FIVE DOLLARS, AND ON OR AFTER THE FIRST 20,388
DAY OF MARCH IN AN EVEN-NUMBERED YEAR, TWENTY-FIVE DOLLARS; 20,389
(7) For the biennial RENEWAL registration fee of a 20,391
registered veterinary technician, where the application is 20,393
postmarked no later than the first day of March, twenty-five 20,394
THIRTY-FIVE dollars; where the application is postmarked after 20,397
the first day of March, but no later than the first day of April, 20,398
473
thirty FORTY-FIVE dollars; and where the application is 20,400
postmarked after the first day of April, thirty-five SIXTY 20,401
dollars;
(7)(8) For a specialist certificate, fifty dollars. The 20,403
certificate is not subject to renewal. 20,404
(8)(9) For the reinstatement of a suspended license, 20,406
seventy-five dollars; 20,408
(9)(10) For examinations offered by the board, a fee, 20,410
which shall be established by the board, in an amount adequate to 20,412
cover the expense of procuring, administering, and scoring 20,413
examinations.
(B) The board, subject to the approval of the controlling 20,415
board, may establish fees in excess of the amounts provided in 20,416
this section, provided that the fees do not exceed the amounts 20,417
permitted by this section by more than fifty per cent. 20,418
(C) For the purposes of divisions (A)(5) and (6)(7) of 20,420
this section, a date stamp of the office of the board may serve 20,421
in lieu of a postmark. 20,422
Sec. 4741.19. (A) Unless exempted under this chapter, no 20,431
person shall practice veterinary medicine, or any of its 20,432
branches, without a license issued by the board pursuant to 20,433
sections 4741.11 to 4741.13 of the Revised Code, a temporary 20,434
permit issued pursuant to section 4741.14 of the Revised Code, or 20,435
a registration certificate issued pursuant to division (C) of 20,436
this section, or with an inactive, expired, suspended, 20,437
terminated, or revoked license, temporary permit, or 20,438
registration. 20,439
(B) No veterinary student extern shall: 20,441
(1) Perform or assist surgery unless under the direct 20,443
supervision of a licensed veterinarian and unless the extern has 20,444
had the minimum education and experience prescribed by rule of 20,445
the board; 20,446
(2) Engage in any other work related to the practice of 20,448
veterinary medicine unless under the direct supervision of a 20,449
474
licensed veterinarian; 20,450
(3) Participate in the operation of a branch office, 20,452
clinic, or allied establishment unless a licensed veterinarian is 20,453
present on the establishment premises. 20,454
(C) No person shall act as a registered veterinary 20,456
technician unless he THE PERSON is registered with the board on a 20,458
biennial basis and pays the biennial registration fee. A
registered veterinary technician registration expires biennially 20,459
on the first day of March in the odd-numbered years, and may be 20,460
renewed in accordance with the standard renewal procedures 20,461
contained in Chapter 4745. of the Revised Code upon payment of 20,462
the biennial registration fee and fulfillment of ten continuing 20,463
education hours during the two years immediately preceding 20,464
renewal for registration. Each registered veterinary technician 20,465
shall notify in writing, the secretary of the board of any change 20,466
in his THE REGISTERED VETERINARY TECHNICIAN'S office address or 20,468
employment within ninety days after the change has taken place. 20,469
A registered veterinary technician operating under the 20,471
supervision of a licensed veterinarian may perform the following 20,472
duties: 20,473
(1) Prepare or supervise the preparation of patients, 20,475
instruments, equipment, and medications for surgery; 20,476
(2) Induce and monitor general anesthesia according to 20,478
medically recognized and appropriate methods; 20,479
(3) Collect or supervise the collection of specimens and 20,481
perform laboratory procedures as required by the supervising 20,482
veterinarian; 20,483
(4) Apply wound dressings, casts, or splints as required 20,485
by the supervising veterinarian; 20,486
(5) Assist a veterinarian in immunologic, diagnostic, 20,488
medical, and surgical procedures; 20,489
(6) Suture skin incisions; 20,491
(7) Dental prophylaxis; 20,493
(8) Administer or supervise the administration of topical, 20,495
475
oral, or parenteral medication under the direction of the 20,496
supervising veterinarian; 20,497
(9) Other ancillary veterinary technician functions that 20,499
are performed pursuant to the order and control and under the 20,500
full responsibility of a licensed veterinarian. 20,501
The degree of supervision by a licensed veterinarian over 20,503
the functions performed by the registered veterinary technician 20,504
shall be consistent with the standards of generally accepted 20,505
veterinary medical practices. 20,506
(D) A veterinarian licensed to practice in this state 20,508
shall not hold himself ONESELF out as a specialist unless he THE 20,511
VETERINARIAN has previously met the requirements of the American
veterinary medical association for a specialty or such other 20,512
requirements set by rule of the board and has paid the fee 20,513
required by division (A)(7)(8) of section 4741.17 of the Revised 20,514
Code.
(E) Notwithstanding division (A) of this section, any 20,516
animal owner or his THE OWNER'S designee may engage in the 20,517
practice of embryo transfer on the owner's animal if a licensed 20,518
veterinarian directly supervises the owner or his THE OWNER'S 20,519
designee and the means used to perform the embryo transfer are 20,520
nonsurgical.
Sec. 4747.05. (A) The hearing aid dealers and fitters 20,529
licensing board shall issue to each applicant, within sixty days 20,530
of receipt of a properly completed application and payment of two 20,531
hundred FIFTY dollars, a hearing aid dealer's or fitter's license 20,532
if the applicant, if an individual: 20,533
(1) Is at least eighteen years of age; 20,535
(2) Is a person of good moral character; 20,537
(3) Is free of contagious or infectious disease; 20,539
(4) Has successfully passed a qualifying examination 20,541
specified and administered by the board. 20,542
(B) If the applicant is a firm, partnership, association, 20,544
or corporation, the application, in addition to such information 20,545
476
as the board requires, shall be accompanied by an application for 20,546
a license for each person, whether owner or employee, of the 20,547
firm, partnership, association, or corporation, who engages in 20,548
dealing in or fitting of hearing aids, or shall contain a 20,549
statement that such applications are submitted separately. No 20,550
firm, partnership, association, or corporation licensed pursuant 20,551
to this chapter shall permit any unlicensed person to sell or fit 20,552
hearing aids. 20,553
(C) Each license issued expires on the thirtieth day of 20,555
January of the year following that in which it was issued. 20,556
Sec. 4747.06. (A) Each person engaged in the practice of 20,565
dealing in or fitting of hearing aids who holds a valid hearing 20,566
aid dealer's or fitter's license shall apply annually to the 20,567
hearing aid dealers and fitters licensing board for renewal of 20,568
such license under the standard renewal procedure specified in 20,569
Chapter 4745. of the Revised Code. The board shall issue to each 20,570
applicant, on proof of completion of the continuing education 20,571
required by division (B) of this section and payment of one 20,572
hundred twenty-five FIFTY dollars on or before the first day of 20,574
February, one hundred fifty SEVENTY-FIVE dollars on or before the 20,575
first day of March, or one TWO hundred seventy-five dollars 20,576
thereafter, a renewed hearing aid dealer's or fitter's license. 20,577
No person who applies for renewal of a hearing aid dealer's or 20,578
fitter's license that has expired shall be required to take any 20,579
examination as a condition of renewal provided application for 20,580
renewal is made within two years of the date such license 20,581
expired.
(B) Each person engaged in the practice of dealing in or 20,584
fitting of hearing aids who holds a valid hearing aid dealer's or 20,585
fitter's license shall complete each year not less than ten hours 20,586
of continuing professional education approved by the board. On a 20,588
form provided by the board, the person shall certify to the 20,590
board, at the time of license renewal pursuant to division (A) of 20,591
this section, that in the preceding year the person has completed 20,592
477
continuing education in compliance with this division and shall 20,593
submit any additional information required by rule of the board 20,595
regarding the continuing education. The board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing 20,598
the standards continuing education programs must meet to obtain
board approval and continuing education reporting requirements. 20,599
Continuing education may be applied to meet the requirement 20,602
of this division if it is provided or certified by any of the 20,603
following:
(1) The national institute of hearing instruments studies 20,605
committee of the international hearing society; 20,606
(2) The American speech-language hearing association; 20,609
(3) The American academy of audiology. 20,611
The board may excuse persons licensed under this chapter, 20,614
as a group or as individuals, from all or any part of the 20,615
requirements of this division because of an unusual circumstance,
emergency, or special hardship. 20,616
Sec. 4747.07. Each person who holds a hearing aid dealer's 20,625
or fitter's license and engages in the practice of dealing in and 20,627
fitting of hearing aids shall display such license in a 20,628
conspicuous place in his THE PERSON'S office or place of business 20,629
at all times. Each person who maintains more than one office or 20,630
place of business shall post a duplicate copy of the license at
each location. The hearing aid dealers and fitters licensing 20,631
board shall issue duplicate copies of a license upon receipt of a 20,633
properly completed application and payment of ten FIFTEEN dollars 20,634
for each copy requested.
Sec. 4747.10. Each person currently engaged in training to 20,643
become a licensed hearing aid dealer or fitter shall apply to the 20,644
hearing aid dealers and fitters licensing board for a hearing aid 20,645
dealer's and fitter's trainee permit. The board shall issue to 20,646
each applicant within thirty days of receipt of a properly 20,647
completed application and payment of seventy-five ONE HUNDRED 20,648
dollars, a trainee permit if such applicant is: 20,649
478
(A) At least eighteen years of age; 20,651
(B) The holder of a diploma from an accredited high 20,653
school, or possesses an equivalent education; 20,654
(C) A person of good moral character; 20,656
(D) Free of contagious or infectious disease. 20,658
Each trainee permit issued by the board expires one year 20,660
from the date it was first issued, and may be renewed once if the 20,661
trainee has not successfully completed the qualifying 20,662
requirements for licensing as a hearing aid dealer or fitter 20,663
before the expiration date of such permit. The board shall issue 20,664
a renewed permit to each applicant upon receipt of a properly 20,665
completed application and payment of seventy-five ONE HUNDRED 20,666
dollars. No person holding a trainee permit shall engage in the 20,667
practice of dealing in or fitting of hearing aids except while 20,668
under supervision by a licensed hearing aid dealer or fitter. 20,669
Sec. 4747.13. (A) Any person who wishes to make a 20,678
complaint against any person, firm, partnership, association, or 20,679
corporation licensed pursuant to this chapter shall submit such 20,680
complaint in writing to the hearing aid dealers and fitters 20,681
licensing board within one year from the date of the action or
event upon which the complaint is based. The hearing aid dealers 20,682
and fitters board shall determine whether the charges in the 20,683
complaint are of a sufficiently serious nature to warrant a 20,684
hearing before the board to determine whether the license or 20,685
permit held by the person complained against shall be revoked or 20,686
suspended. If the board determines that a hearing is warranted,
then it shall fix the time and place of such hearing and deliver 20,687
or cause to have delivered, either in person or by registered 20,688
mail, at least twenty days before the date of such hearing, an 20,689
order instructing the licensee complained against of the date, 20,690
time, and place where he THE LICENSEE shall appear before the 20,691
board. Such order shall include a copy of the complaint against 20,692
the licensee.
The board, and the licensee after receipt of the order and 20,694
479
a copy of the complaint made against him THE LICENSEE, may take 20,695
depositions in advance of the hearing, provided that each party 20,697
taking depositions shall give at least five days notice to the 20,698
other party of the time, date, and place where such depositions
shall be taken. Each party shall have the right to attend with 20,699
counsel the taking of such depositions and may cross-examine the 20,700
deponent or deponents. Each licensee appearing before the board 20,701
may be represented by counsel. No person shall have his THE 20,702
PERSON'S license or permit revoked or suspended without an 20,703
opportunity to present his THE PERSON'S case at a hearing before 20,704
the board, and the board shall grant a continuance or adjournment 20,706
of a hearing date for good cause. Each person whose license or 20,707
permit is suspended or revoked by the board may appeal such 20,708
action to the board or to the court of common pleas.
(B) The board shall petition the court of common pleas of 20,710
the county in which a person, firm, partnership, or corporation 20,711
on or after January 1, 1970, engages in the sale, practice of 20,713
dealing in or fitting of hearing aids, advertises or assumes such 20,714
practice, or engages in training to become a licensed hearing aid
dealer or fitter without first being licensed, for an order 20,715
enjoining any such acts or practices. The court may grant such 20,716
injunctive relief upon a showing that the respondent named in the 20,717
petition is engaging in such acts or practices without being 20,718
licensed under Chapter 4747. of the Revised Code THIS CHAPTER. 20,719
Sec. 4759.05. The Ohio board of dietetics shall: 20,728
(A) Adopt, amend, or rescind rules pursuant to Chapter 20,730
119. of the Revised Code to carry out the provisions of this 20,731
chapter, including rules governing the following: 20,732
(1) Selection and approval of a dietitian licensure 20,734
examination offered by the commission on dietetic registration or 20,735
any other examination; 20,736
(2) The examination of applicants for licensure as a 20,738
dietitian, to be held at least twice annually, as required under 20,739
division (A) of section 4759.06 of the Revised Code; 20,740
480
(3) Requirements for pre-professional dietetic experience 20,742
of applicants for licensure as a dietitian that are at least 20,743
equivalent to the requirements adopted by the commission on 20,744
dietetic registration; 20,745
(4) Requirements for a person holding a limited permit 20,747
under division (F) of section 4759.06 of the Revised Code and, 20,748
INCLUDING THE DURATION OF VALIDITY OF A LIMITED PERMIT; 20,749
(5) REQUIREMENTS FOR a licensed dietitian who places his A 20,752
license in inactive status under division (G) of section 4759.06
of the Revised Code, including a procedure for changing inactive 20,753
status to active status; 20,754
(5)(6) Continuing education requirements for renewal of a 20,756
license, except that the board may adopt rules to waive the 20,757
requirements for a person who is unable to meet the requirements 20,758
due to illness or other reasons. Rules adopted under this 20,759
division shall be consistent with the continuing education 20,760
requirements adopted by the commission on dietetic registration. 20,761
(6)(7) Any additional education requirements the board 20,763
considers necessary, for applicants who have not practiced 20,764
dietetics within five years of the initial date of application 20,765
for licensure; 20,766
(7)(8) Standards of professional responsibility and 20,768
practice for persons licensed under this chapter that are 20,769
consistent with those standards of professional responsibility 20,770
and practice adopted by the American dietetic association; 20,771
(8)(9) Formulation of a written application form for 20,773
licensure or license renewal that includes the statement that any 20,774
applicant who knowingly makes a false statement on the 20,775
application is guilty of a misdemeanor of the first degree under 20,776
section 2921.13 of the Revised Code; 20,777
(9)(10) Procedures for license renewal; 20,779
(10)(11) Establishing a time period after the notification 20,781
of a violation of section 4759.02 of the Revised Code, by which 20,782
the person notified must request a hearing by the board under 20,783
481
section 4759.09 of the Revised Code. 20,784
(B) Investigate alleged violations of section 4759.02 to 20,786
4759.10 of the Revised Code. In making its investigations, the 20,787
board may issue subpoenas, examine witnesses, and administer 20,788
oaths. 20,789
(C) Adopt a seal; 20,791
(D) Conduct meetings and keep records as are necessary to 20,793
carry out the provisions of this chapter; 20,794
(E) Publish, and make available to the public, upon 20,796
request and for a fee not to exceed the actual cost of printing 20,797
and mailing, the board's rules and requirements for licensure 20,798
adopted under division (A) of this section and a record of all 20,799
persons licensed under section 4759.06 of the Revised Code. 20,800
Sec. 4759.06. (A) The Ohio board of dietetics shall issue 20,809
or renew a license to practice dietetics to an applicant who: 20,810
(1) Has satisfactorily completed an application for 20,812
licensure in accordance with division (A) of section 4759.05 of 20,813
the Revised Code; 20,814
(2) Has paid the fee required under division (A) of 20,816
section 4759.08 of the Revised Code; 20,817
(3) Is a resident of the state or performs or plans to 20,819
perform dietetic services within the state; 20,820
(4) Is of good moral character; 20,822
(5) Has received a baccalaureate or higher degree from an 20,824
institution of higher education that is approved by the board or 20,825
a regional accreditation agency that is recognized by the council 20,826
on postsecondary accreditation, and has completed a program 20,827
consistent with the academic standards for dietitians established 20,828
by the American dietetic association; 20,829
(6) Has successfully completed a pre-professional dietetic 20,831
experience approved by the American dietetic association, or 20,832
experience approved by the board under division (A)(3) of section 20,833
4759.05 of the Revised Code; 20,834
(7) Has passed the examination approved by the board under 20,836
482
division (A)(1) of section 4759.05 of the Revised Code; 20,837
(8) Is an applicant for renewal of a license, and has 20,839
fulfilled the continuing education requirements adopted under 20,840
division (A)(5)(6) of section 4759.05 of the Revised Code. 20,841
(B) The board shall waive the requirements of divisions 20,843
(A)(5), (6), and (7) of this section and any rules adopted under 20,844
division (A)(6)(7) of section 4759.05 of the Revised Code if the 20,846
applicant presents satisfactory evidence to the board of current
registration as a registered dietitian with the commission on 20,847
dietetic registration. 20,848
(C) The board shall waive the requirements of division 20,850
(A)(7) of this section if the application for renewal is made 20,851
within two years after the date of license expiration. 20,852
(D) The board may waive the requirements of division 20,854
(A)(5), (6), or (7) of this section or any rules adopted under 20,855
division (A)(6)(7) of section 4759.05 of the Revised Code, if the 20,857
applicant presents satisfactory evidence of education, 20,858
experience, or passing an examination in another state or a 20,859
foreign country, that the board considers the equivalent of the 20,860
requirements stated in those divisions or rules. 20,861
(E) The board shall issue an initial license to practice 20,863
dietetics to an applicant who meets the requirements of division 20,864
(A) of this section. An initial license shall be valid from the 20,865
date of issuance through the thirtieth day of June following 20,866
issuance of the license. Each subsequent license shall be valid 20,867
from the first day of July through the thirtieth day of June. The 20,869
board shall renew the license of an applicant who is licensed to 20,870
practice dietetics and who meets the continuing education
requirements of division (A)(5)(6) of section 4759.05 of the 20,871
Revised Code. The renewal shall be pursuant to the standard 20,873
renewal procedure of sections 4745.01 to 4745.03 of the Revised 20,874
Code.
(F) The board may grant a limited permit to a person who 20,876
has completed the education and pre-professional requirements of 20,877
483
divisions (A)(5) and (6) of this section and who presents 20,878
evidence to the board of his application HAVING APPLIED to take 20,879
the examination approved by the board under division (A)(1) of 20,880
section 4759.05 of the Revised Code. The permit may be renewed 20,881
one time if the applicant has failed the examination and has 20,882
applied to take the next available examination. The permit and 20,883
renewal permit shall expire thirty days after the appropriate 20,884
examination results are made public. A person holding a limited 20,885
permit who has failed the examination shall practice only under 20,886
the direct supervision of a licensed dietitian. 20,887
(G) A licensed dietitian may place his THE license in 20,889
inactive status. 20,890
Sec. 4766.02. (A) There is hereby created the Ohio 20,899
ambulance licensing board, consisting of five voting members and 20,900
one nonvoting member who shall be residents of this state and 20,901
appointed by the governor with the advice and consent of the 20,902
senate. Except as provided in division (B) of this section, 20,903
members shall serve terms of two years. One voting member shall 20,904
be a member of the Ohio ambulance association; two voting 20,905
members, one of whom shall be a licensed funeral director, shall 20,906
be owners or operators of private emergency medical service 20,907
organizations operating in this state; one voting member shall be 20,908
a consumer of emergency medical services who is not associated 20,909
with any public or private emergency medical service 20,910
organization; and one voting member shall be an official with a 20,911
public emergency medical service organization. A physician who 20,912
holds a certificate to practice issued under Chapter 4731. of the 20,913
Revised Code who is a member of the American college of emergency 20,914
physicians shall serve as the nonvoting member. The board shall 20,915
annually select from its membership a chair and a vice-chair to 20,917
act as chair in the chair's absence.
(B) Of the members initially appointed, three shall be 20,919
appointed for terms of one year and three for terms of two years. 20,920
Any member appointed to fill a vacancy occurring prior to the 20,921
484
expiration date of the term for which the member's predecessor 20,922
was appointed shall hold office for the remainder of that term. 20,923
Every member shall continue in office subsequent to the 20,924
expiration date of the member's term until the member's successor 20,926
takes office, or until a period of sixty days has elapsed,
whichever occurs first. 20,927
(C) Three voting members shall constitute a quorum for the 20,929
transaction of business, and the affirmative vote of three 20,930
members is required for the board to take any official action. 20,931
The board, after notice and hearing, may remove a member by 20,932
majority vote for malfeasance, misfeasance, or nonfeasance. 20,933
Members of the board shall be reimbursed for actual and 20,935
necessary expenses incurred in attending meetings of the board 20,936
and in the performance of their official duties. The board may 20,937
hire such employees as are necessary to enable it to execute its 20,938
duties. 20,939
(D) The division of emergency medical services within the 20,941
department of public safety shall provide the board with office 20,942
space at no cost, but the board shall not be a part of the 20,943
division or the department. 20,944
(E) The board is the sole supervisory body regarding the 20,946
licensing of private ambulance service organizations in this 20,947
state.
Sec. 4766.04. (A) Except as otherwise provided in this 20,956
chapter, no person shall furnish, operate, conduct, maintain, 20,957
advertise, engage in, or propose or profess to engage in the 20,958
business or service of transporting persons who are seriously 20,959
ill, injured, or otherwise incapacitated in this state unless the 20,960
person is licensed pursuant to this section. 20,962
(B) To qualify for a license as a basic life-support, 20,964
intermediate life-support, or advanced life-support service 20,965
organization, an emergency medical service organization shall do 20,967
all of the following:
(1) Apply for a permit for each ambulance and nontransport 20,969
485
vehicle owned or leased as provided in section 4766.07 of the 20,971
Revised Code; 20,972
(2) Meet all requirements established in rules adopted by 20,975
the Ohio ambulance licensing board regarding ambulances and 20,976
nontransport vehicles, including requirements pertaining to 20,978
equipment, communications systems, staffing, and level of care 20,979
the particular organization is permitted to render; 20,980
(3) Maintain the appropriate type and amount of insurance 20,982
or self-insurance as specified in section 4766.06 of the Revised 20,983
Code; 20,984
(4) Meet all other requirements established under rules 20,986
adopted by the board for the particular license. 20,988
(C) To apply for a license as a basic life-support, 20,990
intermediate life-support, or advanced life-support service 20,991
organization, an emergency medical service organization shall 20,992
submit a completed application to the board, on a form provided 20,994
by the board for each particular license, together with the 20,995
appropriate fees established under section 4766.05 of the Revised 20,996
Code. The application form shall include all of the following: 20,997
(1) The name and business address of the operator of the 20,999
organization for which licensure is sought; 21,000
(2) The name under which the applicant will operate the 21,002
organization; 21,003
(3) A list of the names and addresses of all officers and 21,005
directors of the organization; 21,006
(4) A description of each vehicle to be used, including 21,008
the make, model, year of manufacture, mileage, vehicle 21,009
identification number, and the color scheme, insignia, name, 21,010
monogram, or other distinguishing characteristics to be used to 21,011
designate the applicant's vehicle; 21,012
(5) The location and description of each place from which 21,014
the organization will operate; 21,015
(6) A description of the geographic area to be served by 21,017
the applicant; 21,018
486
(7) Any other information the board, by rule, determines 21,020
necessary. 21,021
(D) Within sixty days after receiving a completed 21,023
application for licensure as a basic life-support, intermediate 21,024
life-support, or advanced life-support service organization, the 21,025
board shall approve or deny the application. The board shall 21,026
deny an application if it determines that the applicant does not 21,027
meet the requirements of this chapter or any rules adopted under 21,029
it. The board shall send notice of the denial of an application 21,031
by certified mail to the applicant. The applicant may request a 21,032
hearing within ten days after receipt of the notice. If the 21,033
board receives a timely request, it shall hold a hearing in 21,035
accordance with Chapter 119. of the Revised Code. 21,036
(E) If an applicant or licensee operates or plans to 21,038
operate an organization in more than one location under the same 21,039
or different identities, the applicant or licensee shall apply 21,040
for and meet all requirements for licensure or renewal of a 21,041
license, other than payment of a license fee or renewal fee, for 21,042
operating the organization at each separate location. An 21,043
applicant or licensee that operates or plans to operate under the 21,044
same organization identity in separate locations shall pay only a 21,045
single license fee. 21,046
(F) Each license issued under this section and each permit 21,048
issued under section 4766.07 of the Revised Code expires two 21,049
years ONE YEAR after the date of issue ISSUANCE and may be 21,051
renewed in accordance with the standard renewal procedures of 21,053
Chapter 4745. of the Revised Code, EXCEPT THAT A LICENSE OR 21,054
PERMIT ISSUED IN 1998 OR IN 1999 PRIOR TO THE EFFECTIVE DATE OF 21,055
THIS AMENDMENT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE. 21,056
An application for renewal shall include the license or permit 21,058
renewal fee established under section 4766.05 of the Revised 21,060
Code. An applicant for renewal of a permit also shall submit to 21,061
the board proof of an annual inspection of the vehicle for which 21,063
permit renewal is sought. The board shall renew a license if the 21,064
487
applicant meets the requirements for licensure and shall renew a 21,066
permit if the applicant and vehicle meet the requirements to 21,067
maintain a permit for that vehicle.
(G) Each licensee shall maintain accurate records of all 21,069
service responses conducted. The records shall be maintained on 21,071
forms prescribed by the board and shall contain information as 21,073
specified by rule by the board.
Sec. 4766.05. (A) The Ohio ambulance licensing board 21,083
shall establish by rule a license fee, a permit fee for each 21,084
ambulance and nontransport vehicle owned or leased by the 21,085
licensee that is or will be used as provided in section 4766.07 21,086
of the Revised Code, and fees for renewals of licenses and 21,087
permits, taking into consideration the actual costs incurred by 21,088
the board in carrying out its duties under this chapter. However, 21,090
the fee for each license and each renewal of a license shall not 21,091
exceed two ONE hundred dollars, and the fee for each permit and 21,093
each renewal of a permit shall not exceed one hundred FIFTY
dollars for each ambulance and nontransport vehicle. For 21,095
purposes of establishing fees, "actual costs" include INCLUDES 21,096
the costs of salaries, expenses, inspection equipment, 21,098
supervision, and program administration. 21,099
(B) The board shall deposit all fees and other moneys 21,101
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of 21,102
the Revised Code in the state treasury to the credit of the 21,103
ambulance licensing trust fund, which is hereby created. All 21,104
moneys from the fund shall be used solely for the salaries and 21,105
expenses of the board incurred in implementing and enforcing this 21,106
chapter. 21,107
Sec. 4766.07. (A) Each emergency medical service 21,116
organization subject to licensure under this chapter shall 21,117
possess a valid permit for each ambulance and nontransport 21,118
vehicle it owns or leases that is or will be used by the licensee 21,120
to perform the services permitted by the license. Each licensee 21,121
and license applicant shall submit the appropriate fee and an 21,122
488
application for a permit for each ambulance and nontransport 21,123
vehicle to the Ohio ambulance licensing board on forms provided 21,125
by the board. The application shall include documentation that 21,126
the vehicle meets the appropriate standards set by the board, 21,127
that the vehicle has been inspected pursuant to division (C) of 21,129
this section, that the permit applicant maintains insurance or 21,130
self-insurance as provided in section 4766.06 of the Revised
Code, and that the vehicle and permit applicant meet any other 21,133
requirements established under rules adopted by the board. 21,135
(B)(1) Within sixty days after receiving a completed 21,137
application for a permit, the board shall issue or deny the 21,138
permit. The board shall deny an application if it determines 21,139
that the permit applicant or vehicle does not meet the 21,140
requirements of this chapter and the rules adopted under it that 21,142
apply to permits for ambulances and nontransport vehicles. The 21,144
board shall send notice of the denial of an application by 21,145
certified mail to the permit applicant. The permit applicant may 21,146
request a hearing within ten days after receipt of the notice. 21,147
If the board receives a timely request, it shall hold a hearing 21,148
in accordance with Chapter 119. of the Revised Code. 21,149
(2) If the board issues the vehicle permit, it also shall 21,151
issue a decal, in a form prescribed by rule, to be displayed on 21,152
the rear window of the vehicle. The board shall not issue a 21,153
decal until all of the requirements for licensure and permit 21,154
issuance have been met. 21,155
(C) In addition to any other requirements that the board 21,157
establishes by rule, a licensee or license applicant applying for 21,158
an initial vehicle permit under division (A) of this section 21,159
shall submit to the state highway patrol and the board the 21,160
vehicle for which the permit is sought. Thereafter, a licensee 21,162
shall annually submit to the state highway patrol and the board 21,163
each vehicle for which a permit has been issued. 21,164
(1) The state highway patrol shall conduct a physical 21,166
inspection of an ambulance or nontransport vehicle to determine 21,167
489
its roadworthiness and compliance with standard motor vehicle 21,168
requirements. 21,169
(2) The board shall conduct a physical inspection of the 21,171
medical equipment, communication system, and interior of an 21,173
ambulance to determine the operational condition and safety of 21,176
the equipment and the ambulance's interior and to determine 21,178
whether the ambulance is in compliance with the federal 21,179
requirements for ambulance construction that were in effect at 21,181
the time the ambulance was manufactured, as specified by the 21,184
general services administration in the various versions of its 21,185
publication titled "federal specification for the star-of-life 21,186
ambulance, KKK-A-1822." 21,187
(3) The board and state highway patrol shall issue a 21,189
certificate to the applicant for each vehicle that passes the 21,191
inspection and may assess a fee for each inspection, as 21,192
established by the board.
(4) The board, in consultation with the state highway 21,194
patrol, shall adopt rules regarding the implementation and 21,195
coordination of the state highway patrol and board inspections. 21,196
The rules may permit the board to contract with a third party to 21,197
conduct the inspections required of the board under this section. 21,198
(D) If an emergency medical service organization that has 21,200
made timely application to the board for a vehicle permit has 21,201
reasonable cause to believe that the state highway patrol will 21,202
not be able to conduct the required inspection before the date by 21,203
which the organization is required to renew the registration of 21,204
the ambulance or nontransport vehicle with the bureau of motor 21,206
vehicles, the organization may apply to the board for a temporary 21,207
vehicle permit. Such a permit shall be valid for a period of no 21,208
more than thirty days from the date of issuance, and shall be 21,209
accepted by the registrar of motor vehicles when the organization 21,210
applies for registration of the vehicle under section 4503.49 of 21,212
the Revised Code. 21,213
Sec. 4773.04. (A) The department of health shall examine, 21,222
490
or PURSUANT TO SECTION 3701.044 OF THE REVISED CODE contract with 21,223
another entity to examine, each qualified applicant for a license 21,225
issued under this chapter. To be eligible for admittance to an 21,226
examination, an applicant must submit evidence satisfactory to 21,227
the department or other examiner that the applicant has
successfully completed a course of study in the appropriate area 21,228
of practice and the course of study must have been conducted by 21,229
an educational program accredited by the department under section 21,230
4773.07 of the Revised Code.
In examining or providing CONTRACTING for the examination 21,232
of applicants, the department shall ensure that an opportunity to 21,234
take an examination is available as follows: 21,236
(1) At least once each month for individuals applying to 21,238
be licensed as general x-ray machine operators; 21,239
(2) At least three times each year for individuals 21,241
applying to be licensed as radiographers, radiation therapy 21,242
technologists, or nuclear medicine technologists. 21,243
(B) The department shall develop OR CONTRACT FOR a 21,245
separate examination for each type of license issued under this 21,246
chapter. An examination may consist of all or part of any 21,248
standard examination created by other entities ANY ENTITY for 21,249
purposes of determining the competence of individuals to practice 21,251
as general x-ray machine operators, radiographers, radiation 21,252
therapy technologists, or nuclear medicine technologists. 21,253
Sec. 4905.80. (A) As used in sections 4905.80 to 4905.83 21,262
of the Revised Code: 21,263
(1) "Uniform registration" has the same meaning as 21,265
"registration" as used in the final report submitted to the 21,266
United States secretary of transportation, pursuant to subsection 21,267
(c) of section 22 of the "Hazardous Materials Transportation 21,268
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 21,269
1819.
(2) "Uniform permit" has the same meaning as "permit" as 21,271
used in the final report submitted to the United States secretary 21,272
491
of transportation, pursuant to subsection (c) of section 22 of 21,273
the "Hazardous Materials Transportation Uniform Safety Act of 21,274
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1819. 21,275
(B)(1) The public utilities commission may adopt rules 21,277
applicable to the uniform registration and uniform permitting of 21,278
persons engaged in the highway transportation of hazardous 21,279
materials into, through, or within this state. Until November 21,280
17, 2000, rules adopted under this division shall be consistent 21,282
with, and equivalent in scope, coverage, and content to, the 21,283
final report submitted to the United States secretary of 21,284
transportation pursuant to subsection (c) of section 22 of the 21,285
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,286
104 Stat. 3244, 49 U.S.C.A. App. 1819. Effective on and after 21,287
November 17, 2000, the rules shall be consistent with, and 21,289
equivalent in scope, coverage, and content to, section 22 of the 21,290
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,291
104 Stat. 3244, 49 U.S.C.A. App. 1819, and the regulations 21,292
adopted under that section. The commission may adopt additional 21,293
rules for the implementation and administration of the uniform 21,294
registration and permitting system established by rule under this 21,295
section, including rules SHALL INCLUDE RULES staggering the 21,296
registration date for carriers and reducing or extending, by no 21,298
more than one year, the permit renewal period for carriers. 21,299
Rules adopted or amended under division (B)(1) of this 21,301
section on or after November 17, 2000, shall be adopted or 21,302
amended in accordance with Chapter 119. of the Revised Code. 21,304
(2) For the purpose of minimizing filing requirements 21,306
regarding any background investigation required for the issuance 21,307
of a uniform permit as a carrier of hazardous wastes, the 21,308
commission shall accept from any applicant for such a permit any 21,309
refiling of information the applicant has filed with the office 21,310
of the attorney general under section 3734.42 of the Revised Code 21,311
or any reference to such information, if the refiled or 21,312
referenced information is on file with the office of the attorney 21,313
492
general, is accurate and timely for the commission's purposes 21,314
under this section, and is supplemented by any additional 21,315
information the commission requires. The office of the attorney 21,316
general, as necessary for any such background investigation, 21,317
shall make accessible to the commission any such information 21,318
referenced or refiled in an application for a uniform permit as a 21,319
carrier of hazardous wastes that the attorney general determines 21,320
may be disclosed in accordance with section 3734.42 of the 21,321
Revised Code. Nothing in sections 4905.80 to 4905.83 of the 21,322
Revised Code affects any limitations under section 3734.42 of the 21,323
Revised Code on the disclosure of that information. 21,324
(C)(1) The fees for uniform registration and a uniform 21,326
permit as a carrier of hazardous materials shall consist of the 21,327
following: 21,328
(a) A processing fee of fifty dollars; 21,330
(b) An apportioned per-truck registration fee, which shall 21,332
be calculated by multiplying the percentage of a registrant's 21,333
activity in this state times the percentage of the registrant's 21,334
business that is hazardous-materials-related, times the number of 21,335
vehicles owned or operated by the registrant, times a per-truck 21,336
fee determined by order of the commission following public notice 21,337
and an opportunity for comment. 21,338
However, the total revenue from the apportioned per-truck 21,340
registration fee shall not exceed the appropriation of the 21,341
general assembly for the hazardous materials registration fund 21,342
created under division (C)(3) of this section. In determining 21,343
the per-truck fee, the commission shall calculate the difference 21,345
between the appropriation from the fund for the current fiscal 21,347
year and the net total of the processing fees collected in the 21,348
previous registration year under division (C)(1)(a) of this 21,349
section, fees collected under division (C)(2) of this section, 21,350
refunds to carriers from overpayments of fees collected under 21,351
this section, and fees paid to other states under division (D) of 21,352
this section, and shall divide that calculated amount by the 21,353
493
total number of apportioned trucks determined on the basis of 21,355
information submitted by all registrants in the previous
registration year. If the calculated amount is zero or less, the 21,356
fee shall be zero. Any interested party, in accordance with 21,357
division (H) of this section, may appeal to the court of appeals 21,358
of Franklin county an order of the commission establishing the 21,359
apportioned per-truck registration fee. 21,360
(i) The percentage of a registrant's activity in this 21,362
state shall be calculated by dividing the number of miles that 21,363
the registrant travels in this state under the international 21,364
registration plan, pursuant to section 4503.61 of the Revised 21,365
Code, by the number of miles that the registrant travels 21,366
nationwide under the international registration plan. 21,367
Registrants that operate solely within this state shall use one 21,368
hundred per cent as their percentage of activity. Registrants 21,369
that do not register their vehicles through the international 21,370
registration plan shall calculate activity in the state in the 21,371
same manner as that required by the international registration 21,372
plan. 21,373
(ii) The percentage of a registrant's business that is 21,375
hazardous-materials-related shall be calculated, for 21,376
less-than-truckload shipments, by dividing the weight of all the 21,377
registrant's hazardous materials shipments by the total weight of 21,378
all shipments in the previous year. The percentage of a 21,379
registrant's business that is hazardous-materials-related shall 21,380
be calculated, for truckload shipments, by dividing the number of 21,381
shipments for which placarding, marking of the vehicle, or 21,382
manifesting, as appropriate, was required by regulations adopted 21,383
under sections 4 to 6 of the "Hazardous Materials Transportation 21,384
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C.A. App. 21,385
1804, by the total number of the registrant's shipments that 21,386
transported any kind of goods in the previous year. A registrant 21,387
that transports both less-than-truckload and truckload shipments 21,388
of hazardous materials shall calculate the percentage of business 21,389
494
that is hazardous-materials-related on a proportional basis. 21,390
(iii) A registrant may utilize fiscal year, or calendar 21,392
year, or other current company accounting data, or other publicly 21,393
available information, in calculating the percentages required by 21,394
divisions (C)(1)(b)(i) and (ii) of this section. 21,395
(2) The commission, after notice and opportunity for a 21,397
hearing, may assess each carrier a fee for any background 21,398
investigation required for the issuance, for the purpose of 21,399
section 3734.15 of the Revised Code, of a uniform permit as a 21,400
carrier of hazardous wastes and fees related to investigations 21,401
and proceedings for the denial, suspension, or revocation of a 21,402
uniform permit as a carrier of hazardous materials. The fees 21,403
shall not exceed the reasonable costs of the investigations and 21,404
proceedings. The fee for a background investigation for a 21,405
uniform permit as a carrier of hazardous wastes shall be six 21,406
hundred dollars plus the costs of obtaining any necessary 21,407
information not included in the permit application, to be 21,408
calculated at the rate of thirty dollars per hour, not exceeding 21,409
six hundred dollars, plus any fees payable to obtain necessary 21,411
information.
(3) All fees collected under division (C)(1) of this 21,413
section and all background investigation and permit denial, 21,414
suspension, and revocation investigation and proceeding fees 21,416
collected under division (C)(2) of this section shall be credited 21,417
to the hazardous materials registration fund, which is hereby 21,418
created in the state treasury. Moneys in that fund shall be used 21,419
by the commission to administer and enforce sections 4905.80 to 21,420
4905.83 of the Revised Code.
(D) The commission, as necessary to implement the rules 21,422
adopted under division (B) of this section, may enter into 21,423
agreements, contracts, arrangements, or declarations with other 21,424
states and with the national repository, established pursuant to 21,425
the final report submitted to the United States secretary of 21,426
transportation, pursuant to subsection (c) of section 22 of the 21,427
495
"Hazardous Materials Transportation Uniform Safety Act of 1990," 21,428
104 Stat. 3244, 49 U.S.C.A. App. 1819. The agreements, 21,429
contracts, arrangements, or declarations shall include, but not 21,430
be limited to, the determination of a base state, the collection 21,431
of uniform registration fees, the frequency of distribution of 21,432
uniform registration fees, procedures for dispute resolution, and 21,433
protection of trade secrets and confidential business 21,434
information. 21,435
(E) The first eight hundred thousand dollars of 21,437
forfeitures collected under section 4905.83 of the Revised Code 21,438
during each of fiscal years 1995 to 2000 and during fiscal year 21,440
2001 until November 17, 2000, shall be credited to the hazardous 21,442
materials transportation fund, which is hereby created in the 21,443
state treasury. Any forfeitures in excess of that amount 21,444
collected during each such period and any forfeitures collected 21,445
on or after November 17, 2000, FISCAL YEAR shall be credited to 21,446
the general revenue fund. In each of fiscal years 1995 to 2000 21,447
and in fiscal year 2001 until November 17, 2000, the commission 21,450
shall distribute moneys credited to the hazardous materials 21,451
transportation fund under this division for the purposes of 21,452
emergency response planning and the training of safety, 21,453
enforcement, and emergency services personnel in proper 21,454
techniques for the management of hazardous materials releases 21,455
that occur during transportation or otherwise. For these 21,456
purposes, fifty per cent of all such moneys credited to the fund 21,457
shall be distributed to Cleveland state university, and fifty 21,458
FORTY-FIVE per cent shall be distributed to other educational 21,460
institutions, state agencies, regional planning commissions, and 21,461
political subdivisions, AND FIVE PER CENT SHALL BE RETAINED BY 21,462
THE COMMISSION FOR THE ADMINISTRATION OF THIS SECTION AND FOR
TRAINING EMPLOYEES. However, if, in any such period, moneys 21,464
credited to the fund under this division equal an amount less 21,465
than four hundred thousand dollars, the commission shall 21,466
distribute, to the extent of the fund, two hundred thousand 21,467
496
dollars to Cleveland state university and the remainder to other 21,468
educational institutions, state agencies, regional planning 21,469
commissions, and political subdivisions. 21,470
(F)(1) No person shall violate or fail to perform a duty 21,472
imposed by this section or a rule adopted under it. 21,473
(2) No person shall knowingly falsify or fail to submit 21,475
any data, reports, records, or other information required to be 21,476
submitted to the commission pursuant to this section or a rule 21,477
adopted under it. For purposes of division (F)(2) of this 21,478
section, a person acts knowingly if either of the following 21,479
applies: 21,480
(a) The person has actual knowledge of the facts giving 21,482
rise to the violation. 21,483
(b) A reasonable person acting in the circumstances and 21,485
exercising due care would have such knowledge. 21,486
(G) After notice and opportunity for a hearing, the 21,488
commission, pursuant to criteria set forth in rules adopted under 21,489
division (B) of this section, may suspend, revoke, or deny the 21,490
uniform permit as a carrier of hazardous materials of any carrier 21,491
that has obtained or applied for such a uniform permit from the 21,492
commission pursuant to rules adopted under that division, or the 21,493
commission may order the suspension of the transportation of 21,494
hazardous materials into, through, or within this state by a 21,495
carrier that has obtained a uniform permit from another state 21,496
that has a reciprocity agreement with the commission pursuant to 21,497
division (D) of this section. 21,498
(H)(1) The proceedings specified in division (G) of this 21,500
section are subject to and governed by Chapter 4903. of the 21,501
Revised Code, except as otherwise provided in this section. The 21,502
court of appeals of Franklin county has exclusive original 21,503
jurisdiction to review, modify, or vacate any order of the 21,504
commission suspending, revoking, or denying a uniform permit as a 21,505
carrier of hazardous materials of any carrier that has obtained 21,506
or applied for a uniform permit from the commission pursuant to 21,507
497
rules adopted under division (B) of this section, or any order of 21,508
the commission suspending the transportation of hazardous 21,509
materials into, through, or within this state by a carrier that 21,510
has obtained a uniform permit from another state that has a 21,511
reciprocity agreement with the commission under division (D) of 21,512
this section. The court of appeals shall hear and determine 21,513
those appeals in the same manner and under the same standards as 21,514
the Ohio supreme court hears and determines appeals under Chapter 21,515
4903. of the Revised Code. 21,516
The judgment of the court of appeals is final and 21,518
conclusive unless reversed, vacated, or modified on appeal. Such 21,519
appeals may be taken either by the commission or the person to 21,520
whom the order was issued and shall proceed as in the case of 21,521
appeals in civil actions as provided in Chapter 2505. of the 21,522
Revised Code. 21,523
(2) Section 4903.11 of the Revised Code does not apply to 21,525
appeals of any order of the commission suspending, revoking, or 21,526
denying a uniform permit of a carrier that has obtained or 21,527
applied for a uniform permit from the commission pursuant to 21,528
rules adopted under division (B) of this section, or of any order 21,529
of the commission suspending the transportation of hazardous 21,530
materials into, through, or within this state by a carrier that 21,531
has obtained a uniform permit from another state that has a 21,532
reciprocity agreement with the commission pursuant to division 21,533
(D) of this section. Any person to whom such AN order is issued 21,534
who wishes to contest the order shall file, within sixty days 21,535
after the entry of the order upon the journal of the commission, 21,536
a notice of appeal, setting forth the order appealed from and the 21,537
errors complained of. The notice of appeal shall be served, 21,538
unless waived, upon the chairperson of the commission or, in the 21,540
event of the chairperson's absence, upon any public utilities 21,541
commissioner, or by leaving a copy at the office of the
commission at Columbus. On appeal, the court shall reverse, 21,542
vacate, or modify the order if, upon consideration of the record, 21,544
498
the court is of the opinion that the order was unlawful or 21,545
unreasonable.
Sec. 4937.02. (A) There is hereby created the utility 21,554
radiological safety board composed of the chairperson of the 21,556
public utilities commission, the director of environmental
protection, the director of health, the director of agriculture, 21,557
the deputy EXECUTIVE director of the emergency management agency, 21,559
and the director of commerce, or their designees each of whom 21,560
shall be an employee of the member agency of the board member for 21,561
whom the person is a designee. The purpose of the board is to 21,563
develop a comprehensive policy for the state regarding nuclear 21,564
power safety. The board's objectives shall be to promote safe, 21,565
reliable, and economical power; establish a memorandum of 21,566
understanding with the federal nuclear regulatory commission and 21,567
the state, including agreements with individual state agencies to 21,568
interact with the commission and the federal emergency management 21,569
agency; and recommend policies and practices that promote safety, 21,570
performance, emergency preparedness, and public health standards 21,571
that are designed to meet the state's needs. 21,572
(B) The governor shall appoint a chairperson of the board 21,575
from among the members of the board. The board shall elect one
of its members as vice-chairperson, who shall possess, during the 21,577
absence or disability of the board chairperson, all the powers of 21,579
the board chairperson. All examinations, studies, or other 21,580
official proceedings of the board shall be conducted by the board 21,581
or its designees. The board's authority under sections 4937.01 21,582
to 4937.05 of the Revised Code THIS CHAPTER shall not be 21,583
exercised by any officer, employee, or body other than the board 21,585
itself, except by express action of the board. 21,586
(C) The chairperson of the board shall cause to be kept a 21,589
complete record of all proceedings of the board, and any books, 21,590
maps, documents, and papers used or produced by the board, and 21,591
shall perform such other duties as the governor may prescribe. 21,592
(D) A majority of the board's members constitutes a quorum 21,594
499
for the transaction of any business, performance of any duty, or 21,595
exercise of any power of the board. No vacancy on the board 21,596
shall impair the right of the remaining board members to exercise 21,597
all powers of the board. The act of a majority of the board, 21,598
when in session as a board, is an act of the board. 21,599
(E) Members of the board and their designees shall not 21,601
receive compensation from the board, but shall receive all 21,602
ordinary and necessary expenses incurred in performance of board 21,603
business, including actual travel expenses. All such expenses 21,604
shall be paid by the agency of which the individual board member 21,605
or designee is an officer or employee. 21,606
(F) The attorney general is the board's legal advisor, but 21,608
shall designate, subject to the board's approval, one or more of 21,609
the attorney general's assistants to discharge the duties of 21,610
board attorney. 21,611
(G) The board may call to its assistance, temporarily, 21,613
with the consent of the member agency, any employee of a member 21,614
agency to conduct studies, examinations, and investigations for 21,615
the board or prepare any report required or authorized by 21,616
sections 4937.01 to 4937.05 of the Revised Code THIS CHAPTER. 21,617
The employee shall receive no compensation, but shall receive all 21,619
ordinary and necessary expenses incurred in performance of such 21,620
duties, including actual travel expenses. All such expenses 21,621
shall be paid by the member agency. 21,622
(H) The offices of the board shall be located in the 21,624
offices of the emergency management agency. 21,626
Sec. 4981.09. (A) There is hereby created in the state 21,635
treasury the rail development fund. The fund shall consist of 21,637
such moneys as may be provided by law, including moneys received 21,638
from the sale, transfer, or lease of any rail property pursuant 21,639
to section 4981.08 of the Revised Code, and amounts transferred 21,640
pursuant to division (B) of this section. Moneys in the fund 21,643
shall be used for the purpose of acquiring, rehabilitating, or 21,644
developing rail property or service, or for participation in the 21,645
500
acquisition of rail property with the federal government, 21,646
municipal corporations, townships, counties, or other 21,647
governmental agencies. For the purpose of acquiring such rail 21,648
property, the Ohio rail development commission may obtain 21,649
acquisition loans from the federal government or from any other 21,650
source.
The fund shall also be used to promote, plan, design, 21,652
construct, operate, and maintain passenger and freight rail 21,653
transportation systems, and may be used to pay the administrative 21,655
costs of the Ohio rail development commission associated with 21,656
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 21,657
The fund shall not be used to provide loan guarantees. 21,658
(B) Twice each year, by the last day of March for the 21,661
immediately preceding June through December and by the last day 21,663
of August for the immediately preceding January through May, the 21,665
tax commissioner shall certify to the director of budget and
management the amounts paid into the general revenue fund 21,666
pursuant to Chapter 5733. of the Revised Code during those months 21,667
by taxpayers engaged in the business of owning or operating a 21,669
railroad either wholly or partially within this state. The 21,671
certifications shall not include amounts refunded to such
taxpayers. Upon receipt of each certification, the director of 21,672
budget and management shall transfer fifty per cent of the amount 21,673
certified from the general revenue fund to the rail development 21,674
fund.
Sec. 5101.16. (A) As used in this section and sections 21,683
5101.161 and 5101.162 of the Revised Code: 21,684
(1) "Disability assistance" means financial and medical 21,686
assistance provided under Chapter 5115. of the Revised Code. 21,687
(2) "Food stamps" means the program administered by the 21,689
department of human services pursuant to section 5101.54 of the 21,691
Revised Code.
(3) "Medicaid" means the medical assistance program 21,693
501
established by Chapter 5111. of the Revised Code, excluding 21,696
transportation services provided under that chapter. 21,697
(4) "Ohio works first" means the program established by 21,699
Chapter 5107. of the Revised Code. 21,700
(5) "Prevention, retention, and contingency" means the 21,702
program established by Chapter 5108. of the Revised Code. 21,704
(6) "Public assistance expenditures" means expenditures 21,706
for all of the following: 21,707
(a) Ohio works first; 21,709
(b) County administration of Ohio works first; 21,712
(c) Prevention, retention, and contingency; 21,714
(d) County administration of prevention, retention, and 21,716
contingency; 21,717
(e) Disability assistance; 21,719
(f) County administration of disability assistance; 21,721
(g) County administration of food stamps; 21,723
(h) County administration of medicaid. 21,725
(B) Each board of county commissioners shall pay the 21,727
county share of public assistance expenditures in accordance with 21,731
section 5101.161 of the Revised Code. Except as provided in 21,732
division (C) of this section, a county's share of public 21,735
assistance expenditures is the sum of all of the following for 21,737
state fiscal year 1998 and each state fiscal year thereafter: 21,738
(1) The amount that is twenty-five per cent of the 21,740
county's total expenditures for disability assistance and county 21,743
administration of disability assistance during the state fiscal 21,744
year ending in the previous calendar year that the department of 21,746
human services determines are allowable. 21,747
(2) The amount that is ten per cent, or other percentage 21,751
determined under division (D) of this section, of the county's 21,752
total expenditures for county administration of food stamps and 21,753
medicaid during the state fiscal year ending in the previous 21,756
calendar year that the department determines are allowable, less 21,757
the amount of federal reimbursement credited to the county under 21,759
502
division (E) of this section for the state fiscal year ending in 21,760
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 21,763
section, the actual amount, as determined by the department of 21,764
human services from expenditure reports submitted to the United 21,765
States department of health and human services, of the county 21,766
share of program and administrative expenditures during federal 21,767
fiscal year 1994 for assistance and services, other than child 21,768
day-care, provided under Titles IV-A and IV-F of the "Social 21,770
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as those 21,771
titles existed prior to the enactment of the "Personal 21,772
Responsibility and Work Opportunity Reconciliation Act of 1996," 21,774
110 Stat. 2105. 21,775
(b) For state fiscal years 1998 2000 and 1999 2001, eighty 21,778
SEVENTY-SEVEN per cent of the amount determined under division 21,779
(B)(3)(a) of this section. 21,780
(C)(1) If a county's share of public assistance 21,782
expenditures determined under division (B) of this section for a 21,784
state fiscal year exceeds one hundred ten per cent of the 21,785
county's share for those expenditures for the immediately 21,786
preceding state fiscal year, the department of human services 21,787
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 21,788
share for expenditures under division (B) of this section equals 21,789
one hundred ten per cent of the county's share of those 21,790
expenditures for the immediately preceding state fiscal year. 21,791
(2) A county's share of public assistance expenditures 21,793
determined under division (B) of this section may be increased 21,794
pursuant to a sanction under section 5101.24 of the Revised Code. 21,796
(D)(1) If the per capita tax duplicate of a county is less 21,799
than the per capita tax duplicate of the state as a whole and 21,800
division (D)(2) of this section does not apply to the county, the 21,802
percentage to be used for the purpose of division (B)(2) of this 21,804
section is the product of ten multiplied by a fraction of which 21,806
503
the numerator is the per capita tax duplicate of the county and 21,807
the denominator is the per capita tax duplicate of the state as a 21,808
whole. The department of human services shall compute the per 21,809
capita tax duplicate for the state and for each county by 21,810
dividing the tax duplicate for the most recent available year by 21,811
the current estimate of population prepared by the department of 21,812
development.
(2) If the percentage of families in a county with an 21,814
annual income of less than three thousand dollars is greater than 21,815
the percentage of such families in the state and division (D)(1) 21,817
of this section does not apply to the county, the percentage to 21,818
be used for the purpose of division (B)(2) of this section is the 21,819
product of ten multiplied by a fraction of which the numerator is 21,821
the percentage of families in the state with an annual income of 21,822
less than three thousand dollars a year and the denominator is 21,823
the percentage of such families in the county. The department of 21,824
human services shall compute the percentage of families with an 21,825
annual income of less than three thousand dollars for the state 21,826
and for each county by multiplying the most recent estimate of 21,828
such families published by the department of development, by a 21,829
fraction, the numerator of which is the estimate of average 21,830
annual personal income published by the bureau of economic 21,831
analysis of the United States department of commerce for the year 21,832
on which the census estimate is based and the denominator of 21,833
which is the most recent such estimate published by the bureau. 21,834
(3) If the per capita tax duplicate of a county is less 21,837
than the per capita tax duplicate of the state as a whole and the 21,838
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 21,839
of such families in the state, the percentage to be used for the 21,841
purpose of division (B)(2) of this section shall be determined as 21,842
follows: 21,843
(a) Multiply ten by the fraction determined under division 21,847
(D)(1) of this section;
504
(b) Multiply the product determined under division 21,850
(D)(3)(a) of this section by the fraction determined under 21,852
division (D)(2) of this section. 21,853
(4) The department of human services shall determine, for 21,855
each county, the percentage to be used for the purpose of 21,857
division (B)(2) of this section not later than the first day of 21,859
July of the year preceding the state fiscal year for which the 21,860
percentage is used.
(E) The department of human services shall credit to a 21,863
county the amount of federal reimbursement the department
receives from the United States departments of agriculture and 21,865
health and human services for the county's expenditures for 21,867
administration of food stamps and medicaid that the department 21,869
determines are allowable administrative expenditures. 21,870
(F) The department of human services shall adopt rules in 21,873
accordance with section 111.15 of the Revised Code to establish 21,876
all of the following:
(1) The method the department is to use to change a 21,880
county's share of public assistance expenditures determined under 21,882
division (B) of this section as provided in division (C) of this 21,883
section; 21,884
(2) The allocation methodology and formula the department 21,886
will use to determine the amount of funds to credit to a county 21,887
under this section; 21,888
(3) The method the department will use to change the 21,890
payment of the county share of public assistance expenditures 21,891
from a calendar-year basis to a state fiscal year basis; 21,892
(4) Other procedures and requirements necessary to 21,894
implement this section. 21,895
Sec. 5101.33. (A) As used in this section, "public 21,904
assistance BENEFITS" means cash ANY OF THE FOLLOWING: 21,905
(1) CASH assistance paid under Chapter 5107. or 5115. of 21,908
the Revised Code or any;
(2) FOOD STAMP BENEFITS PROVIDED UNDER SECTION 5101.54 OF 21,910
505
THE REVISED CODE;
(3) ANY OTHER program administered by the department of 21,913
human services under which cash assistance is paid PROVIDED; 21,914
(4) ASSISTANCE PROVIDED BY A PERSON OR GOVERNMENT ENTITY 21,916
THAT THE DEPARTMENT, PURSUANT TO AN AGREEMENT UNDER SECTION 21,917
5101.331 OF THE REVISED CODE, DISTRIBUTES THROUGH THE MEDIUM OF 21,918
ELECTRONIC BENEFIT TRANSFER.
(B) The director DEPARTMENT of human services may make any 21,920
payment of public assistance to eligible recipients DISTRIBUTE 21,922
BENEFITS through the medium of electronic benefit transfer by 21,924
doing all of the following:
(1) Contracting with an agent to supply debit cards to the 21,926
department of human services for use by such recipients 21,927
INDIVIDUALS ELIGIBLE FOR THE BENEFITS in accessing their public 21,929
assistance BENEFITS and to credit such cards electronically with 21,931
the amounts specified by the director OF HUMAN SERVICES pursuant 21,932
to law;
(2) Informing such recipients INDIVIDUALS about the use of 21,934
the electronic benefit transfer system and furnishing them with 21,935
debit cards and information that will enable them to access their 21,936
public assistance BENEFITS through the system; 21,937
(3) Arranging with specific financial institutions or 21,939
vendors, or with county departments of human services, OR PERSONS 21,940
OR GOVERNMENT ENTITIES THAT ENTER INTO AGREEMENTS WITH THE 21,941
DEPARTMENT UNDER SECTION 5101.331 OF THE REVISED CODE for 21,942
recipients THE ELIGIBLE INDIVIDUALS to have their cards credited 21,943
electronically with the proper amounts at their facilities; 21,945
(4) Periodically preparing vouchers for the payment of 21,947
such public assistance BENEFITS by electronic benefit transfer; 21,949
(5) SATISFYING ANY APPLICABLE REQUIREMENTS OF FEDERAL AND 21,951
STATE LAW.
(C) The director of human services or his agent shall 21,955
inform the auditor of state of the amount of reimbursement that 21,956
is due each financial institution or vendor that has paid public 21,957
506
assistance or aid under former Chapter 5113. of the Revised Code 21,958
through the medium DEPARTMENT MAY DESIGNATE WHICH COUNTIES WILL 21,959
PARTICIPATE IN THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER, SPECIFY 21,960
THE DATE A DESIGNATED COUNTY WILL BEGIN PARTICIPATION, AND 21,961
SPECIFY WHICH BENEFITS WILL BE PROVIDED THROUGH THE MEDIUM OF 21,962
ELECTRONIC BENEFIT TRANSFER IN A DESIGNATED COUNTY. 21,963
(D) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 21,966
CHAPTER 119. OF THE REVISED CODE FOR THE EFFICIENT ADMINISTRATION
OF THIS SECTION AND SECTION 5101.331 OF THE REVISED CODE. 21,967
Sec. 5101.331. THE DEPARTMENT OF HUMAN SERVICES MAY ENTER 21,969
INTO AN AGREEMENT WITH A PERSON OR GOVERNMENT ENTITY UNDER WHICH 21,970
THE DEPARTMENT WILL DISTRIBUTE THROUGH THE MEDIUM OF ELECTRONIC 21,971
BENEFIT TRANSFER ESTABLISHED UNDER SECTION 5101.33 OF THE REVISED 21,972
CODE BENEFITS THE PERSON OR GOVERNMENT ENTITY PROVIDES TO
ELIGIBLE INDIVIDUALS. ANY AGREEMENT ENTERED INTO UNDER THIS 21,973
SECTION MUST BE IN WRITING. 21,974
Sec. 5101.34. (A) THERE IS HEREBY CREATED IN THE 21,977
DEPARTMENT OF HUMAN SERVICES THE OHIO COMMISSION ON FATHERHOOD. 21,978
THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS: 21,979
(1) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 21,981
OF THE SENATE, EACH FROM A DIFFERENT POLITICAL PARTY, AND TWO 21,982
MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER 21,983
OF THE HOUSE, EACH FROM A DIFFERENT POLITICAL PARTY. THESE 21,984
MEMBERS SHALL BE FROM LEGISLATIVE DISTRICTS THAT INCLUDE A COUNTY 21,986
OR PART OF A COUNTY THAT IS AMONG THE ONE-THIRD OF COUNTIES IN 21,987
THIS STATE WITH THE HIGHEST NUMBER PER CAPITA OF HOUSEHOLDS 21,988
HEADED BY FEMALES.
(2) THE GOVERNOR, OR THE GOVERNOR'S DESIGNEE; 21,990
(3) ONE REPRESENTATIVE OF THE JUDICIAL BRANCH OF 21,992
GOVERNMENT APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT; 21,994
(4) THE DIRECTORS OF HEALTH, HUMAN SERVICES, 21,996
REHABILITATION AND CORRECTION, AND YOUTH SERVICES AND THE 21,997
SUPERINTENDENT OF PUBLIC INSTRUCTION, OR THEIR DESIGNEES; 21,998
(5) ONE REPRESENTATIVE OF THE OHIO FAMILY AND CHILDREN 22,001
507
FIRST CABINET COUNCIL CREATED UNDER SECTION 121.37 OF THE REVISED 22,003
CODE APPOINTED BY THE CHAIRPERSON OF THE COUNCIL; 22,004
(6) FIVE REPRESENTATIVES OF THE GENERAL PUBLIC APPOINTED 22,006
BY THE GOVERNOR. THESE MEMBERS SHALL HAVE EXTENSIVE EXPERIENCE 22,007
IN ISSUES RELATED TO FATHERHOOD. 22,008
(B) THE APPOINTING AUTHORITIES OF THE OHIO COMMISSION ON 22,011
FATHERHOOD SHALL MAKE INITIAL APPOINTMENTS TO THE COMMISSION 22,012
WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. OF 22,013
THE INITIAL APPOINTMENTS TO THE COMMISSION MADE PURSUANT TO 22,014
DIVISIONS (A)(3), (5), AND (6) OF THIS SECTION, THREE OF THE 22,016
MEMBERS SHALL SERVE A TERM OF ONE YEAR AND FOUR SHALL SERVE A 22,017
TERM OF TWO YEARS. MEMBERS SO APPOINTED SUBSEQUENTLY SHALL SERVE 22,018
TWO-YEAR TERMS. A MEMBER APPOINTED PURSUANT TO DIVISION (A)(1) 22,020
OF THIS SECTION SHALL SERVE ON THE COMMISSION UNTIL THE END OF 22,021
THE GENERAL ASSEMBLY FROM WHICH THE MEMBER WAS APPOINTED OR UNTIL 22,022
THE MEMBER CEASES TO SERVE IN THE CHAMBER OF THE GENERAL ASSEMBLY 22,023
IN WHICH THE MEMBER SERVES AT THE TIME OF APPOINTMENT, WHICHEVER 22,024
OCCURS FIRST. THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL 22,025
SERVE ON THE COMMISSION UNTIL THE GOVERNOR CEASES TO BE GOVERNOR. 22,026
THE DIRECTORS AND SUPERINTENDENT OR THEIR DESIGNEES SHALL SERVE 22,027
ON THE COMMISSION UNTIL THEY CEASE, OR THE DIRECTOR OR 22,029
SUPERINTENDENT A DESIGNEE REPRESENTS CEASES, TO BE DIRECTOR OR 22,030
SUPERINTENDENT. EACH MEMBER SHALL SERVE ON THE COMMISSION FROM 22,031
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 22,032
MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 22,033
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 22,036
ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY 22,037
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE 22,038
MEMBER'S PREDECESSOR WAS APPOINTED SHALL SERVE ON THE COMMISSION 22,039
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE TO SERVE 22,040
ON THE COMMISSION SUBSEQUENT TO THE EXPIRATION DATE OF THE 22,041
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL 22,042
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 22,043
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED 22,044
508
FOR NECESSARY EXPENSES.
Sec. 5101.341. (A) THE OHIO COMMISSION ON FATHERHOOD 22,046
ANNUALLY SHALL ELECT A CHAIRPERSON FROM AMONG ITS MEMBERS. THE 22,047
DEPARTMENT OF HUMAN SERVICES SHALL PROVIDE STAFF AND OTHER 22,048
SUPPORT SERVICES FOR THE COMMISSION. 22,049
(B) THE COMMISSION MAY ACCEPT GIFTS, GRANTS, DONATIONS, 22,052
CONTRIBUTIONS, BENEFITS, AND OTHER FUNDS FROM ANY PUBLIC AGENCY 22,053
OR PRIVATE SOURCE TO CARRY OUT ANY OR ALL OF THE COMMISSION'S 22,054
DUTIES. THE FUNDS SHALL BE DEPOSITED INTO THE OHIO COMMISSION ON 22,055
FATHERHOOD FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 22,056
ALL GIFTS, GRANTS, DONATIONS, CONTRIBUTIONS, BENEFITS, AND OTHER 22,057
FUNDS RECEIVED BY THE COMMISSION PURSUANT TO THIS DIVISION SHALL 22,058
BE USED SOLELY TO SUPPORT THE OPERATIONS OF THE COMMISSION. 22,059
Sec. 5101.342. THE OHIO COMMISSION ON FATHERHOOD SHALL DO 22,062
BOTH OF THE FOLLOWING:
(A) ORGANIZE A STATE SUMMIT ON FATHERHOOD EVERY FOUR 22,064
YEARS;
(B)(1) PREPARE A REPORT EACH YEAR THAT IDENTIFIES 22,067
RESOURCES AVAILABLE TO FUND FATHERHOOD-RELATED PROGRAMS AND 22,068
EXPLORES THE CREATION OF INITIATIVES TO DO THE FOLLOWING: 22,069
(a) BUILD THE PARENTING SKILLS OF FATHERS; 22,071
(b) PROVIDE EMPLOYMENT-RELATED SERVICES FOR LOW-INCOME, 22,074
NONCUSTODIAL FATHERS;
(c) PREVENT PREMATURE FATHERHOOD; 22,076
(d) PROVIDE SERVICES TO FATHERS WHO ARE INMATES IN OR HAVE 22,078
JUST BEEN RELEASED FROM IMPRISONMENT IN A STATE CORRECTIONAL 22,079
INSTITUTION, AS DEFINED IN SECTION 2967.01 OF THE REVISED CODE, 22,080
OR IN ANY OTHER DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 22,081
OF THE REVISED CODE, SO THAT THEY ARE ABLE TO MAINTAIN OR
REESTABLISH THEIR RELATIONSHIPS WITH THEIR FAMILIES; 22,082
(e) RECONCILE FATHERS WITH THEIR FAMILIES; 22,084
(f) INCREASE PUBLIC AWARENESS OF THE CRITICAL ROLE FATHERS 22,087
PLAY.
(2) THE COMMISSION SHALL SUBMIT EACH REPORT PREPARED 22,090
509
PURSUANT TO DIVISION (B)(1) OF THIS SECTION TO THE PRESIDENT AND 22,091
MINORITY LEADER OF THE SENATE, SPEAKER AND MINORITY LEADER OF THE 22,092
HOUSE OF REPRESENTATIVES, GOVERNOR, AND CHIEF JUSTICE OF THE 22,093
SUPREME COURT. THE FIRST REPORT IS DUE NOT LATER THAN ONE YEAR 22,094
AFTER THE LAST OF THE INITIAL APPOINTMENTS TO THE COMMISSION IS 22,095
MADE UNDER SECTION 5101.341 OF THE REVISED CODE. 22,096
Sec. 5101.343. SECTION 101.84 OF THE REVISED CODE DOES NOT 22,099
APPLY TO THE OHIO COMMISSION ON FATHERHOOD. 22,100
Sec. 5101.50. (A) AS USED IN THIS SECTION AND IN SECTIONS 22,102
5101.51 TO 5101.518 OF THE REVISED CODE: 22,103
(1) "CHILDREN'S HEALTH INSURANCE PROGRAM" MEANS THE 22,105
PROGRAM AUTHORIZED BY TITLE XXI OF THE "SOCIAL SECURITY ACT," 111 22,107
STAT. 552 (1997), 42 U.S.C.A. 1397aa. 22,109
(2) "FEDERAL POVERTY GUIDELINES" HAS THE SAME MEANING AS 22,111
IN SECTION 5101.46 OF THE REVISED CODE. 22,112
(B) THE DIRECTOR OF HUMAN SERVICES MAY CONTINUE TO OPERATE 22,114
THE CHILDREN'S HEALTH INSURANCE PROGRAM INITIALLY AUTHORIZED BY 22,115
AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF THE REVISED 22,116
CODE AS LONG AS FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR 22,117
THE PROGRAM. IF OPERATED, THE PROGRAM SHALL PROVIDE HEALTH 22,118
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 22,119
WITH FAMILY INCOMES NOT EXCEEDING ONE HUNDRED FIFTY PER CENT OF 22,120
THE FEDERAL POVERTY GUIDELINES. IN ACCORDANCE WITH 42 U.S.C.A. 22,122
1397aa, THE DIRECTOR MAY PROVIDE FOR THE HEALTH ASSISTANCE TO 22,123
MEET THE REQUIREMENTS OF 42 U.S.C.A. 1397cc, TO BE PROVIDED UNDER 22,125
THE MEDICAID PROGRAM ESTABLISHED UNDER CHAPTER 5111. OF THE 22,126
REVISED CODE, OR TO BE A COMBINATION OF BOTH. 22,127
Sec. 5101.501. HEALTH ASSISTANCE PROVIDED UNDER SECTION 22,129
5101.50 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 22,130
HEALTH INSURANCE PROGRAM PART I. 22,131
Sec. 5101.502. THE DIRECTOR OF HUMAN SERVICES MAY ADOPT 22,133
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS 22,134
NECESSARY FOR THE EFFICIENT ADMINISTRATION OF THE CHILDREN'S 22,136
HEALTH INSURANCE PROGRAM PART I, INCLUDING RULES THAT ESTABLISH 22,137
510
ALL OF THE FOLLOWING: 22,138
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 22,140
WILL BE REIMBURSED; 22,141
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 22,143
REIMBURSABLE UNDER THE PROGRAM; 22,144
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 22,146
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 22,148
Sec. 5101.51. IN ACCORDANCE WITH FEDERAL LAW GOVERNING THE 22,150
CHILDREN'S HEALTH INSURANCE PROGRAM, THE DIRECTOR OF HUMAN 22,151
SERVICES MAY SUBMIT A STATE CHILD HEALTH PLAN TO THE UNITED 22,152
STATES SECRETARY OF HEALTH AND HUMAN SERVICES TO PROVIDE, EXCEPT 22,153
AS PROVIDED IN SECTION 5101.516 OF THE REVISED CODE, HEALTH 22,155
ASSISTANCE TO UNINSURED INDIVIDUALS UNDER NINETEEN YEARS OF AGE 22,156
WITH FAMILY INCOMES ABOVE ONE HUNDRED FIFTY PER CENT OF THE 22,157
FEDERAL POVERTY GUIDELINES BUT NOT EXCEEDING TWO HUNDRED PER CENT 22,158
OF THE FEDERAL POVERTY GUIDELINES. IF THE DIRECTOR SUBMITS THE 22,159
PLAN, THE DIRECTOR SHALL INCLUDE BOTH OF THE FOLLOWING IN THE 22,160
PLAN:
(A) THE HEALTH ASSISTANCE WILL NOT BEGIN BEFORE JANUARY 1, 22,163
2000.
(B) THE HEALTH ASSISTANCE WILL BE AVAILABLE ONLY WHILE 22,165
FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR IT. 22,166
Sec. 5101.511. HEALTH ASSISTANCE PROVIDED UNDER SECTION 22,168
5101.51 OF THE REVISED CODE SHALL BE KNOWN AS THE CHILDREN'S 22,169
HEALTH INSURANCE PROGRAM PART II. 22,170
Sec. 5101.512. IF THE DIRECTOR OF HUMAN SERVICES SUBMITS A 22,172
STATE CHILD HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH 22,173
AND HUMAN SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND 22,175
THE SECRETARY APPROVES THE PLAN, THE DIRECTOR SHALL IMPLEMENT THE
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IN ACCORDANCE WITH 22,177
THE PLAN. THE DIRECTOR MAY ADOPT RULES IN ACCORDANCE WITH 22,178
CHAPTER 119. OF THE REVISED CODE AS NECESSARY FOR THE EFFICIENT 22,179
ADMINISTRATION OF THE PROGRAM, INCLUDING RULES THAT ESTABLISH ALL 22,182
OF THE FOLLOWING: 22,183
511
(A) THE CONDITIONS UNDER WHICH HEALTH ASSISTANCE SERVICES 22,185
WILL BE REIMBURSED; 22,186
(B) THE METHOD OF REIMBURSEMENT APPLICABLE TO SERVICES 22,188
REIMBURSABLE UNDER THE PROGRAM; 22,189
(C) THE AMOUNT OF REIMBURSEMENT, OR THE METHOD BY WHICH 22,191
THE AMOUNT IS TO BE DETERMINED, FOR EACH REIMBURSABLE SERVICE. 22,192
Sec. 5101.513. THE DIRECTOR OF HUMAN SERVICES MAY CONTRACT 22,194
WITH A GOVERNMENT ENTITY OR PERSON TO PERFORM THE DIRECTOR'S 22,195
ADMINISTRATIVE DUTIES REGARDING THE CHILDREN'S HEALTH INSURANCE 22,196
PROGRAM PART II, OTHER THAN THE DUTY TO SUBMIT A STATE CHILD 22,197
HEALTH PLAN TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 22,199
SERVICES UNDER SECTION 5101.51 OF THE REVISED CODE AND THE DUTY 22,200
TO ADOPT RULES UNDER SECTION 5101.512 OF THE REVISED CODE. 22,201
Sec. 5101.514. IN ACCORDANCE WITH 42 U.S.C.A. 1397aa, THE 22,204
DIRECTOR MAY PROVIDE FOR HEALTH ASSISTANCE UNDER THE CHILDREN'S 22,206
HEALTH INSURANCE PROGRAM PART II TO MEET THE REQUIREMENTS OF 42 22,207
U.S.C.A. 1397cc, TO BE PROVIDED UNDER THE MEDICAID PROGRAM 22,209
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE, OR TO BE A 22,210
COMBINATION OF BOTH. 22,211
Sec. 5101.515. THE DIRECTOR OF HUMAN SERVICES MAY 22,213
DETERMINE APPLICANTS' ELIGIBILITY FOR THE CHILDREN'S HEALTH 22,214
INSURANCE PROGRAM PART II BY ANY OF THE FOLLOWING MEANS: 22,215
(A) USING EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES; 22,217
(B) ASSIGNING THE DUTY TO COUNTY DEPARTMENTS OF HUMAN 22,219
SERVICES; 22,220
(C) CONTRACTING WITH A GOVERNMENT ENTITY OR PERSON. 22,222
Sec. 5101.516. IF THE DIRECTOR OF HUMAN SERVICES 22,224
DETERMINES THAT FEDERAL FINANCIAL PARTICIPATION FOR THE 22,225
CHILDREN'S HEALTH INSURANCE PROGRAM PART II IS INSUFFICIENT TO 22,226
PROVIDE HEALTH ASSISTANCE TO ALL THE INDIVIDUALS THE DIRECTOR 22,227
ANTICIPATES ARE ELIGIBLE FOR THE PROGRAM, THE DIRECTOR MAY REFUSE 22,228
TO ACCEPT NEW APPLICATIONS FOR THE PROGRAM OR MAY MAKE THE 22,229
PROGRAM'S ELIGIBILITY REQUIREMENTS MORE RESTRICTIVE. 22,230
Sec. 5101.517. TO THE EXTENT PERMITTED BY 42 U.S.C.A. 22,234
512
1397cc(e), THE DIRECTOR OF HUMAN SERVICES MAY REQUIRE AN 22,235
INDIVIDUAL RECEIVING HEALTH ASSISTANCE UNDER THE CHILDREN'S
HEALTH INSURANCE PROGRAM PART II TO PAY A PREMIUM, DEDUCTIBLE, 22,236
COINSURANCE PAYMENT, OR OTHER COST-SHARING EXPENSE. 22,237
Sec. 5101.518. THE DIRECTOR OF HUMAN SERVICES SHALL 22,239
ESTABLISH AN APPEAL PROCESS FOR INDIVIDUALS AGGRIEVED BY A 22,240
DECISION MADE REGARDING ELIGIBILITY FOR THE CHILDREN'S HEALTH 22,241
INSURANCE PROGRAM PART II. THE PROCESS MAY BE IDENTICAL TO, 22,242
SIMILAR TO, OR DIFFERENT FROM THE APPEAL PROCESS ESTABLISHED BY 22,243
SECTION 5101.35 OF THE REVISED CODE. 22,244
Sec. 5101.52. Upon the death of a recipient of aid, under 22,253
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 22,254
U.S.C.A. 301, as amended, or of any person who would be eligible 22,255
for such aid except that he THE PERSON is a resident of a county 22,256
home, or any person who received assistance under former Chapter 22,258
5105., 5106., or 5151. of the Revised Code, for the month of 22,259
December, 1973, or a recipient of aid under Chapter 5107. or 22,260
5115. of the Revised Code who resides RESIDED in an 22,261
unincorporated area, application may be made THE PERSON ENTITLED 22,263
TO RECEIVE PAYMENT FOR FUNERAL, CREMATION, CEMETERY, AND BURIAL 22,264
EXPENSES FOR THE DECEASED RECIPIENT MAY APPLY to the A COUNTY 22,265
department of human services for STATE funds to defray the THOSE 22,266
expenses of burial for such deceased recipient. AN ITEMIZED 22,268
SWORN STATEMENT OF THE TOTAL FUNERAL, CREMATION, CEMETERY, AND 22,269
BURIAL CHARGES SUBMITTED BY A FUNERAL DIRECTOR MUST ACCOMPANY THE 22,270
APPLICATION.
THE COUNTY DEPARTMENT THAT RECEIVES THE APPLICATION SHALL 22,272
EITHER MAKE THE DETERMINATION OF WHETHER TO APPROVE PAYMENT OF 22,273
THE FUNERAL, CREMATION, CEMETERY, AND BURIAL EXPENSES OR SUBMIT 22,274
THE APPLICATION TO THE STATE DEPARTMENT OF HUMAN SERVICES FOR THE 22,275
STATE DEPARTMENT TO MAKE THE DETERMINATION. THE COUNTY OR STATE 22,276
DEPARTMENT SHALL NOT APPROVE THE PAYMENT IF THE RECIPIENT, AT THE 22,277
TIME OF DEATH, HAD FUNDS AVAILABLE FOR THE EXPENSES OR IF THE 22,278
TOTAL COST OF THE EXPENSES EXCEEDS THE AMOUNT DESIGNATED IN THIS 22,279
513
SECTION. ANY PERSON OR GOVERNMENT ENTITY, OTHER THAN THE STATE 22,280
DEPARTMENT, MAY PROVIDE CONTRIBUTIONS, ALLOWANCES, AND GRANTS UP 22,281
TO A TOTAL AMOUNT NOT TO EXCEED THE MAXIMUM BURIAL ASSISTANCE 22,282
PAYMENT UNDER THIS SECTION AND GRAVE SPACE TOWARDS ITEMS OF 22,283
CREMATION, CEMETERY, OUTSIDE RECEPTACLE, AND INCIDENTAL FUNERAL 22,284
AND BURIAL EXPENSES, OTHER THAN A STANDARD SIZED CASKET AND 22,285
PROFESSIONAL SERVICES OF THE FUNERAL DIRECTOR. TO THE EXTENT 22,286
FURNISHED, SUCH CONTRIBUTION, ALLOWANCE, GRANT, OR GRAVE SPACE 22,287
SHALL NOT BE CONSIDERED A PART OF THE TOTAL FUNERAL, CREMATION, 22,288
CEMETERY, AND BURIAL EXPENSES OF THE DECEASED RECIPIENT. The 22,289
COUNTY OR STATE department shall approve burial PAYMENT OF 22,290
expenses only to the extent of the difference between the 22,291
resources of the deceased person, in real and personal property 22,292
and insurance, and the permissible payment for burial and funeral 22,293
expenses as provided in this section. 22,294
A sum not to exceed the following amount may be ordered 22,296
paid to the proper person to defray the total funeral, cremation, 22,297
cemetery, and burial expenses of the deceased recipient: 22,298
(A) A IF THE DECEASED RECIPIENT WAS A recipient of aid 22,300
under Title XVI of the "Social Security Act," 49 Stat. 620 22,303
(1935), 42 U.S.C.A. 301, as amended, or of any A person who would 22,304
be HAVE BEEN eligible for such aid except that he is a resident 22,306
of THE PERSON RESIDED IN a county home, or any A person who 22,307
received assistance under former Chapter 5105., 5106., or 5151. 22,309
of the Revised Code, for the month of December, 1973, or a 22,310
recipient of aid under Chapter 5107. or 5115. of the Revised Code 22,312
who resides RESIDED in an unincorporated area. If such recipient 22,313
is AND WAS eleven years of age or older, seven hundred fifty 22,314
dollars.
(B) A IF THE DECEASED RECIPIENT WAS A recipient of aid 22,316
under Chapter 5107. or 5115. of the Revised Code who resides 22,318
RESIDED in an unincorporated area, if such recipient has AND HAD 22,320
not reached the age of eleven years, five hundred dollars. 22,322
Such funeral, cremation, cemetery, and burial expense 22,324
514
payments shall not be made to the extent that the recipient, at 22,325
the time of death, had funds available for such purposes. No 22,326
payment shall be made by the department if the total cost of the 22,327
funeral, cremation, cemetery, and burial expenses exceeds the 22,328
amount designated under this section. Contributions, allowances, 22,329
and grants up to a total amount not to exceed the maximum burial 22,330
assistance payment under this section and grave space may be 22,331
furnished by any source, other than the department, towards items 22,332
of cremation, cemetery, outside receptacle, incidental funeral 22,333
and burial expenses, other than a standard sized casket and 22,334
professional services of the funeral director, and to the extent 22,335
so furnished shall not be considered as a part of the total 22,336
funeral, cremation, cemetery, and burial expenses of such 22,337
deceased recipient. Application for state funds shall be filed 22,338
by the proper person entitled to receive payment for funeral and 22,339
burial expenses. An itemized sworn statement of the total 22,340
funeral, cremation, cemetery, and burial charges shall be 22,341
submitted by the funeral director. 22,342
Sec. 5101.541. (A) The department of human services shall 22,351
establish, by rule, effective July 1, 1981, a system of mail 22,352
issuance of food stamp allotments utilizing direct coupon 22,353
mailing. The county department of human services shall 22,354
administer the mailing of such coupons under the supervision of 22,355
the department of human services. The system shall provide for 22,356
redetermination of eligibility at the same intervals as are in 22,357
effect on March 23, 1981 or at such other intervals as may be 22,358
required by federal law or regulation. 22,359
(B) The department of human services shall provide an 22,361
alternative system to the system of mail issuance established in 22,362
division (A) of this section in counties where ANY OF THE 22,363
FOLLOWING APPLY: 22,364
(1) The department can document, after notice and hearing, 22,366
significant diminution of demand for mail issuance of food stamp 22,367
coupons; or 22,368
515
(2) The loss rate for coupons issued through the mail 22,370
exceeds any tolerable loss rate which may be established by rule 22,371
of the United States department of agriculture; 22,372
(3) THE DEPARTMENT PROVIDES FOR FOOD STAMP BENEFITS TO BE 22,374
DISTRIBUTED THROUGH THE MEDIUM OF ELECTRONIC BENEFIT TRANSFER IN 22,375
THE COUNTY PURSUANT TO SECTION 5101.33 OF THE REVISED CODE. 22,376
(C) The county department of human services shall issue to 22,378
each household or the household's authorized representative for 22,379
coupon issuance, at the time eligibility for food stamps is 22,380
established, an identification card. The card shall be issued in 22,381
the name of the household member to whom food stamp coupons are 22,382
issued or the authorized representative. 22,383
Sec. 5101.544. If the benefits of a household are reduced 22,392
under a federal, state, or local means-tested public assistance 22,393
program for failure of a member of the household to perform an 22,394
action required under the program, the household may not receive, 22,395
for the duration of the reduction, an increased allotment of food 22,396
stamp benefits as the result of a decrease in the income of the 22,397
household to the extent that the decrease is the result of the 22,398
reduction. To the extent federal law and regulations or a 22,399
federal waiver permit, an incentive payment under the LEAPprogram established under section 5107.30 of the Revised Code 22,402
shall not result in a decrease in the allotment of food stamp 22,404
benefits a household receives.
The department of human services shall adopt rules in 22,406
accordance with Chapter 119. of the Revised Code to implement 22,408
this section. The rules shall be consistent with 7 U.S.C.A. 22,409
2017(d), AND federal regulations, and the terms and conditions of 22,410
the federal waiver authorizing the LEAP program. 22,411
Sec. 5101.83. (A) As used in this section: 22,421
(1) "Assistance group" has the same meaning as in sections 22,423
5107.02 and 5108.01 of the Revised Code. 22,424
(2) "Fraudulent assistance" means assistance and services, 22,428
including cash assistance, provided under the Ohio works first 22,429
516
program established under Chapter 5107., or the prevention, 22,430
retention, and contingency program established under Chapter 22,431
5108. of the Revised Code, to or on behalf of an assistance group 22,432
that is provided as a result of fraud by a member of the 22,434
assistance group, including an intentional violation of the 22,435
program's requirements. "Fraudulent assistance" does not include 22,436
assistance or services to or on behalf of an assistance group 22,439
that is provided as a result of an error that is the fault of a 22,440
county department of human services or the state department of 22,441
human services.
(B) If a county director of human services determines that 22,445
an assistance group has received fraudulent assistance, the 22,446
assistance group is ineligible to participate in the Ohio works 22,448
first program or the prevention, retention, and contingency 22,449
program until a member of the assistance group repays the cost of 22,451
the fraudulent assistance. If a member repays the cost of the 22,452
fraudulent assistance and the assistance group otherwise meets 22,453
the eligibility requirements for the Ohio works first program or 22,455
the prevention, retention, and contingency program, the
assistance group shall not be denied the opportunity to 22,456
participate in the program. 22,457
This section does not limit the ability of a county 22,459
department of human services to recover erroneous payments under 22,460
section 5107.77 5107.76 of the Revised Code. 22,461
The state department of human services shall adopt rules in 22,464
accordance with Chapter 119. of the Revised Code to implement
this section.
Sec. 4 5101.86. (A) As used in this section, "poverty 22,466
guideline" means the official poverty guideline as revised 22,469
annually by the United States Secretary SECRETARY of Health 22,470
HEALTH and Human Services HUMAN SERVICES in accordance with 22,471
section 673 of the "Community Services Block Grant Act," 95 Stat. 22,473
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal 22,476
to the size of the family of the person whose income is being
517
determined. 22,477
(B) The Department DEPARTMENT of Human Services HUMAN 22,480
SERVICES shall establish the Non-TANF Emergency Assistance 22,482
Program ADULT EMERGENCY ASSISTANCE PROGRAM with funds in 22,483
appropriation line item 400-512, Non-TANF Emergency Assistance 22,484
APPROPRIATED BY THE GENERAL ASSEMBLY. 22,485
Funds appropriated for the Non-TANF Emergency Assistance 22,487
Program PROGRAM shall be used to assist persons age eighteen or 22,491
older who are not eligible for assistance under the Temporary 22,492
Assistance for Needy Families Program authorized by Executive 22,493
Order 96-73V and have incomes not greater than 40 per cent of the 22,496
poverty guideline ELIGIBLE FOR THE PROGRAM with emergency needs, 22,497
including food, clothing, shelter, and other essential goods or 22,499
services. The funds shall be used for direct payments to, or on 22,500
behalf of, eligible persons. A PERSON IS ELIGIBLE FOR THE 22,501
PROGRAM IF THE PERSON MEETS ALL OF THE FOLLOWING REQUIREMENTS: 22,502
(1) THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE; 22,503
(2) THE PERSON IS NOT THE CUSTODIAL PARENT, CUSTODIAN, OR 22,505
GUARDIAN OF A CHILD; 22,506
(3) THE PERSON DOES NOT HAVE INCOME GREATER THAN FORTY PER 22,508
CENT OF THE POVERTY GUIDELINE, UNLESS THE PERSON IS SIXTY-FIVE 22,509
YEARS OF AGE OR OLDER AND RECEIVING SUPPLEMENTAL SECURITY INCOME 22,511
UNDER TITLE XVI OF THE "SOCIAL SECURITY ACT," 86 STAT. 1475 22,512
(1972), 42 U.S.C.A. 1383, AS AMENDED. 22,513
(C) As soon as possible after the start of EACH fiscal 22,515
years 1998 and 1999 YEAR, the Department DEPARTMENT shall 22,516
distribute, in a single payment, the funds appropriated that 22,518
fiscal year for the Non-TANF Emergency Assistance Program PROGRAM 22,520
to the Ohio State Set-Aside Committee STATE SET-ASIDE COMMITTEE 22,522
of the Federal Emergency Management Agency FEDERAL EMERGENCY 22,523
MANAGEMENT AGENCY or to a fiscal agent designated by the 22,525
Committee COMMITTEE. The Committee COMMITTEE shall determine the 22,527
amount of the appropriation to be allocated to each county, and 22,528
the Committee COMMITTEE or its fiscal agent shall distribute the 22,529
518
allocations to the counties. Each county's allocation shall be 22,531
paid to a nonprofit entity that serves as the county's emergency
food and shelter board or to a fiscal agent designated by the 22,532
entity. If an entity serves as the emergency food and shelter 22,533
board for more than one county, the allocation for each of those 22,534
counties shall be paid to that entity. 22,535
The Committee COMMITTEE may reallocate funds during A 22,538
fiscal years 1998 and 1999 YEAR based on its determination of 22,540
local needs and expenditures.
The Committee COMMITTEE or its fiscal agent may use up to 22,543
three per cent of the fiscal years 1998 and 1999 appropriation 22,544
AMOUNT APPROPRIATED FOR A FISCAL YEAR for administrative 22,545
expenses. The Committee COMMITTEE may allow any county entity 22,547
receiving funds under this section in fiscal years 1998 and 1999, 22,548
the entity's fiscal agent, or an entity designated by the county 22,549
entity to use up to four per cent of the county's allocation for 22,551
administrative expenses.
(D) If any local entity returns unexpended fiscal year 22,553
1998 Non-TANF Emergency Assistance funds FOR THE PROGRAM to the 22,556
State Set-Aside Committee COMMITTEE, the Committee COMMITTEE 22,558
shall return the funds to the department. The department shall 22,559
seek approval from the Controlling Board CONTROLLING BOARD to 22,561
transfer the unexpended funds to increase the THAT fiscal year 22,562
1999 YEAR'S appropriation for Non-TANF Emergency Assistance THE 22,565
PROGRAM. If the Controlling Board CONTROLLING BOARD approves the 22,567
increase, the Department DEPARTMENT shall distribute the 22,568
increased appropriation to the Committee COMMITTEE or its fiscal 22,570
agent. The Committee COMMITTEE may allocate, distribute, and 22,571
reallocate the additional funds in the same manner as other 22,572
fiscal year 1999 Non-TANF Emergency Assistance funds APPROPRIATED 22,575
THAT FISCAL YEAR FOR THE PROGRAM.
(E) Each entity receiving funds under this section shall 22,578
report to the Set-Aside Committee COMMITTEE, in the form and 22,580
manner required by the Committee COMMITTEE, information regarding 22,583
519
the entity's use of the funds. The Committee COMMITTEE shall 22,584
compile the information received from these reports and provide 22,585
it to the Department DEPARTMENT and the General Assembly GENERAL 22,588
ASSEMBLY. The Committee COMMITTEE shall provide the Department 22,590
DEPARTMENT and the General Assembly GENERAL ASSEMBLY with the 22,592
information no later than THE THIRTIETH DAY OF September 30 of 22,593
each fiscal year. 22,594
Sec. 5101.93. (A) There is hereby established a welfare 22,604
oversight council consisting of eight voting members, four of 22,605
whom shall be members of the house of representatives, two 22,606
appointed by the speaker and two appointed by the minority leader 22,607
of the house of representatives, not more than two of whom shall 22,608
be members of the same political party, and four of whom shall be 22,609
members of the senate, two appointed by the president and two 22,610
appointed by the minority leader of the senate, not more than two 22,611
of whom shall be members of the same political party. The 22,612
director of administrative services, the administrator of the 22,613
bureau of employment services, THE DIRECTOR OF AGING, and the 22,614
director of human services shall be ex officio nonvoting members 22,616
and two representatives of the general public appointed by the 22,617
governor shall be nonvoting members of the council. The council 22,618
may, by a majority vote, add other nonvoting members to the 22,619
council. A vacancy on the council shall be filled in the same 22,621
manner as the original appointment. 22,622
(B) The speaker of the house of representatives shall 22,624
designate the initial chairperson of the welfare oversight 22,625
council and the president of the senate shall designate the 22,626
initial vice-chairperson of the council. Thereafter, the 22,627
authority to designate the chairperson and the vice-chairperson 22,628
shall alternate between the speaker of the house and the 22,629
president of the senate. The chairperson and vice-chairperson 22,630
and other members of the council shall serve one-year terms. 22,631
The council shall meet at least four times a year in 22,634
Columbus or other locations selected by the chairperson to 22,635
520
monitor and review the Ohio works first program established under 22,636
Chapter 5107. of the Revised Code, including sanctions AND 22,637
TERMINATIONS imposed under section 5107.16 of the Revised Code;
the prevention, retention, and contingency program established 22,639
under Chapter 5108. of the Revised Code; and the department of 22,640
human services, county departments of human services, child 22,641
support enforcement agencies, and public children services 22,642
agencies. The council may visit the department, county 22,643
departments, and agencies. 22,644
The chairperson of the council shall determine the agenda 22,647
for each meeting of the council, except that if at least four 22,648
legislative members of the council submit a written request to 22,649
the chairperson to consider an item, the chairperson shall place 22,650
the item on the agenda of the council's next regularly scheduled 22,651
meeting occurring more than ten days after the written request is 22,652
submitted to the chairperson.
(C) The members of the welfare oversight council shall 22,654
serve without compensation but shall be reimbursed for their 22,655
actual and necessary expenses incurred in the discharge of their 22,656
official duties. In the discharge of its duties the council may 22,658
issue subpoenas compelling the attendance of witnesses and the 22,659
production of any records of the department of human services or 22,660
local agencies. The council shall adopt rules to implement this 22,661
section.
(D) The welfare oversight council shall advise the general 22,663
assembly on the performance of the department of human services, 22,665
county departments of human services, child support enforcement 22,666
agencies, and public children services agencies. The council 22,667
shall submit recommendations to the general assembly for any 22,668
changes in law that the council considers necessary or 22,669
appropriate. Between lines 9,970a and 9,979, insert: 22,670
Sec. 5104.30. (A) The department of human services is 22,679
hereby designated as the state agency responsible for 22,680
administration and coordination of federal and state funding for 22,681
521
publicly funded child day-care in this state. Publicly funded 22,682
child day-care shall be provided to the following: 22,683
(1) Recipients of transitional child day-care as provided 22,685
under section 5104.34 of the Revised Code; 22,686
(2) Participants in the Ohio works first program 22,689
established under Chapter 5107. of the Revised Code;
(3) INDIVIDUALS WHO WOULD BE PARTICIPATING IN THE OHIO 22,691
WORKS FIRST PROGRAM IF NOT FOR A SANCTION UNDER SECTION 5107.16 22,692
OF THE REVISED CODE AND WHO CONTINUE TO PARTICIPATE IN A WORK 22,693
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 22,694
PURSUANT TO AN ASSIGNMENT UNDER SECTION 5107.42 OF THE REVISED 22,695
CODE;
(4) A family receiving publicly funded child day-care on 22,697
October 1, 1997, until the family's income reaches one hundred 22,699
fifty per cent of the federal poverty line;
(4)(5) Subject to available funds, other individuals 22,701
determined eligible in accordance with rules adopted under 22,703
section 5104.38 of the Revised Code.
The department shall apply to the United States department 22,706
of health and human services for authority to operate a 22,707
coordinated program for publicly funded child day-care, if the 22,708
director of human services determines that the application is 22,709
necessary. For purposes of this section, the department of human 22,710
services may enter into agreements with other state agencies that 22,711
are involved in regulation or funding of child day-care. The 22,712
department shall consider the special needs of migrant workers 22,713
when it administers and coordinates publicly funded child 22,714
day-care and shall develop appropriate procedures for 22,715
accommodating the needs of migrant workers for publicly funded 22,716
child day-care.
(B) The department of human services shall distribute 22,718
state and federal funds for publicly funded child day-care, 22,719
including appropriations of state funds for publicly funded child 22,720
day-care and appropriations of federal funds for publicly funded 22,721
522
child day-care under Title XX of the "Social Security Act," 88 22,723
Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended, and the child 22,724
care block grant act. The department may use any state funds 22,725
appropriated for publicly funded child day-care as the state 22,726
share required to match any federal funds appropriated for 22,727
publicly funded child day-care.
(C) The department may use federal funds available under 22,729
the child care block grant act to hire staff to prepare any rules 22,730
required under this chapter and to administer and coordinate 22,731
federal and state funding for publicly funded child day-care. 22,732
Not more than five per cent of the aggregate amount of 22,735
those federal funds received for a fiscal year may be expended 22,736
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 22,737
(1) Activities designed to provide comprehensive consumer 22,739
education to parents and the public; 22,740
(2) Activities that increase parental choice; 22,742
(3) Activities, including child day-care resource and 22,744
referral services, designed to improve the quality, and increase 22,745
the supply, of child day-care.
(D) The department shall ensure that any federal funds 22,747
received by the state under the child care block grant act will 22,748
be used only to supplement, and will not be used to supplant, 22,749
federal, state, and local funds available on the effective date 22,750
of that act for publicly funded child day-care and related 22,751
programs. A county department of human services may purchase 22,752
child day-care from funds obtained through any other means. 22,753
(E) The department shall encourage the development of 22,755
suitable child day-care throughout the state, especially in areas 22,756
with high concentrations of recipients of public assistance and 22,757
families with low incomes. The department shall encourage the 22,759
development of suitable child day-care designed to accommodate 22,760
the special needs of migrant workers. On request, the 22,761
department, through its employees or contracts with state or
523
community child day-care resource and referral service 22,762
organizations, shall provide consultation to groups and 22,763
individuals interested in developing child day-care. The 22,764
department of human services may enter into interagency 22,765
agreements with the department of education, the board of 22,766
regents, the department of development, and other state agencies 22,767
and entities whenever the cooperative efforts of the other state 22,768
agencies and entities are necessary for the department of human 22,769
services to fulfill its duties and responsibilities under this 22,770
chapter. 22,771
The department may develop and maintain a registry of 22,773
persons providing child day-care and may adopt rules pursuant to 22,774
Chapter 119. of the Revised Code establishing procedures and 22,776
requirements for its administration.
(F) The department shall adopt rules in accordance with 22,778
Chapter 119. of the Revised Code establishing a procedure for 22,779
determining rates of reimbursement and a procedure for paying 22,780
providers of publicly funded child day-care. In establishing 22,781
rates of reimbursement pursuant to this division, the department 22,782
shall use the information obtained under division (B)(3) of 22,783
section 5104.04 of the Revised Code and may establish different 22,784
rates of reimbursement based on the geographic location of the
provider, type of care provided, age of the child served, special 22,785
needs of the child, whether expanded hours of service are 22,786
provided, whether weekend service is provided, whether the 22,787
provider has exceeded the minimum requirements of state statutes 22,788
and rules governing child day-care, and any other factors the 22,789
department considers appropriate. The department shall establish 22,790
an enhanced rate of reimbursement for providers who provide child 22,791
day-care for caretaker parents who work nontraditional hours.
FOR A TYPE B FAMILY DAY-CARE HOME THAT HAS RECEIVED LIMITED 22,793
CERTIFICATION PURSUANT TO RULES ADOPTED UNDER DIVISION (G)(1) OF 22,794
SECTION 5104.011 OF THE REVISED CODE, THE DEPARTMENT SHALL ADOPT 22,796
RULES ESTABLISHING A REIMBURSEMENT RATE THAT IS SEVENTY-FIVE PER
524
CENT OF THE REIMBURSEMENT RATE THAT APPLIES TO A TYPE B FAMILY 22,798
DAY-CARE HOME CERTIFIED BY THE SAME COUNTY DEPARTMENT OF HUMAN 22,799
SERVICES PURSUANT TO SECTION 5104.11 OF THE REVISED CODE, 22,800
REGARDLESS OF THE DATE ON WHICH THE HOME RECEIVED LIMITED 22,801
CERTIFICATION.
Sec. 5104.34. (A)(1) Each county department of human 22,810
services shall implement procedures for making determinations of 22,811
eligibility for publicly funded child day-care. Under those 22,812
procedures, the eligibility determination for each applicant 22,813
shall be made no later than thirty calendar days from the date 22,814
the county department receives a completed application for 22,815
publicly funded child day-care. Each applicant shall be notified 22,816
promptly of the results of the eligibility determination. An 22,817
applicant aggrieved by a decision or delay in making an 22,818
eligibility determination may appeal the decision or delay to the 22,819
department of human services in accordance with section 5101.35 22,820
of the Revised Code. The due process rights of applicants shall 22,821
be protected. 22,822
To the extent permitted by federal law, the county 22,824
department may make all determinations of eligibility for 22,825
publicly funded child day-care, may contract with child day-care 22,826
providers or child day-care resource and referral service 22,827
organizations for the providers or resource and referral service 22,828
organizations to make all or any part of the determinations, and 22,829
may contract with child day-care providers or child day-care 22,830
resource and referral service organizations for the providers or 22,831
resource and referral service organizations to collect specified 22,832
information for use by the county department in making 22,833
determinations. If a county department contracts with a child 22,834
day-care provider or a child day-care resource and referral 22,835
service organization for eligibility determinations or for the 22,836
collection of information, the contract shall require the 22,837
provider or resource and referral service organization to make 22,838
each eligibility determination no later than thirty calendar days 22,839
525
from the date the provider or resource and referral organization 22,840
receives a completed application that is the basis of the 22,841
determination and to collect and transmit all necessary 22,842
information to the county department within a period of time that 22,843
enables the county department to make each eligibility 22,844
determination no later than thirty days after the filing of the 22,845
application that is the basis of the determination. 22,846
The county department may station employees of the 22,848
department in various locations throughout the county and may 22,849
assign employees of the department to hours of employment outside 22,850
the normal working hours of the department to collect information 22,851
relevant to applications for publicly funded child day-care and 22,852
to make eligibility determinations. The county department, child 22,853
day-care provider, and child day-care resource and referral 22,854
service organization shall make each determination of eligibility 22,855
for publicly funded child day-care no later than thirty days 22,856
after the filing of the application that is the basis of the 22,857
determination, shall make each determination in accordance with 22,858
any relevant rules adopted pursuant to section 5104.38 of the 22,859
Revised Code, and shall notify promptly each applicant for 22,860
publicly funded child day-care of the results of the 22,861
determination of the applicant's eligibility. 22,862
On or before October 1, 1991, the department of human 22,864
services shall adopt rules in accordance with Chapter 119. of the 22,865
Revised Code for monitoring the eligibility determination 22,866
process. In accordance with those rules, the state department 22,867
shall monitor eligibility determinations made by county 22,868
departments of human services and shall direct any entity that is 22,869
not in compliance with this division or any rule adopted under 22,870
this division to implement corrective action specified by the 22,871
department. 22,872
(2) All eligibility determinations for publicly funded 22,875
child day-care shall be made in accordance with rules adopted by 22,876
the department of human services pursuant to division (A) of 22,877
526
section 5104.38 of the Revised Code and, if a county department 22,879
of human services specifies, pursuant to rules adopted under 22,880
division (B) of that section, a maximum amount of income a family 22,882
may have to be eligible for publicly funded child day-care, the 22,883
income maximum specified by the county department. Publicly 22,884
funded child day-care may be provided only to eligible infants, 22,885
toddlers, preschool children, and school children under age 22,886
thirteen. For an applicant to be eligible for publicly funded 22,887
child day-care, the caretaker parent must be employed or 22,888
participating in a program of education or training for an amount 22,889
of time reasonably related to the time that the parent's children 22,890
are receiving publicly funded child day-care. This restriction 22,891
does not apply to families whose children are eligible for
protective or special needs day-care. 22,892
Subject to available funds, a county department of human 22,894
services shall allow a family to receive publicly funded child 22,896
day-care unless the family's income exceeds the maximum income 22,899
eligibility limit. Initial and continued eligibility for 22,900
publicly funded child day-care is subject to available funds 22,901
unless the family is receiving transitional child day-care as 22,903
provided under this section, participating in the Ohio works 22,904
first program established under Chapter 5107. of the Revised 22,905
Code, or was receiving publicly funded child day-care on October 22,907
1, 1997, and has a family income below one hundred fifty per cent 22,908
of the federal poverty line PURSUANT TO DIVISION (A)(1), (2), 22,909
(3), OR (4) OF SECTION 5104.30 OF THE REVISED CODE. If the 22,910
department must limit eligibility due to lack of available funds, 22,912
it shall give first priority for publicly funded child day-care 22,913
to an assistance group whose income is not more than the maximum 22,914
income eligibility limit that received transitional child 22,916
day-care in the previous month but is no longer eligible because
the twelve-month period has expired. Such an assistance group 22,917
shall continue to receive priority for publicly funded child 22,918
day-care until its income exceeds the maximum income eligibility 22,920
527
limit.
(3) An assistance group that ceases to participate in the 22,922
Ohio works first program established under Chapter 5107. of the 22,924
Revised Code is eligible for transitional child day-care at any 22,926
time during the immediately following twelve-month period that 22,927
both of the following apply:
(a) The assistance group requires child day-care due to 22,929
employment; 22,930
(b) The assistance group's income is not more than one 22,932
hundred fifty per cent of the federal poverty line. 22,933
An assistance group ineligible to participate in the Ohio 22,935
works first program pursuant to section 5101.83 or section 22,936
5107.16 of the Revised Code is not eligible for transitional 22,939
child day-care. 22,940
(B) To the extent permitted by federal law, a county 22,942
department of human services may require a caretaker parent 22,943
determined to be eligible for publicly funded child day-care to 22,944
pay a fee according to the schedule of fees established in rules 22,945
adopted under section 5104.38 of the Revised Code. Each county 22,946
department shall make protective day-care services available to 22,947
children without regard to the income or assets of the caretaker 22,948
parent of the child. 22,949
(C) A caretaker parent receiving publicly funded child 22,951
day-care shall report to the entity that determined eligibility 22,953
any changes in status with respect to employment or participation 22,954
in a program of education or training.
(D) If a county department of human services determines 22,956
that available resources are not sufficient to provide publicly 22,957
funded child day-care to all eligible families who request it, 22,958
the county department may establish a waiting list. A county 22,959
department may establish separate waiting lists within the 22,960
waiting list based on income. When resources become available to 22,962
provide publicly funded child day-care to families on the waiting
list, a county department that establishes a waiting list shall 22,963
528
assess the needs of the next family scheduled to receive publicly 22,965
funded child day-care. If the assessment demonstrates that the 22,966
family continues to need and is eligible for publicly funded
child day-care, the county department shall offer it to the 22,967
family. If the county department determines that the family is 22,968
no longer eligible or no longer needs publicly funded child 22,969
day-care, the county department shall remove the family from the 22,970
waiting list.
(E) As used in this section, "maximum income eligibility 22,973
limit" means the amount of income specified in rules adopted 22,974
under division (A) of section 5104.38 of the Revised Code or, if 22,977
a county department of human services specifies a higher amount 22,978
pursuant to rules adopted under division (B) of that section, the 22,980
amount the county department specifies.
Sec. 5104.341. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 22,983
THIS SECTION, AN ELIGIBILITY DETERMINATION MADE UNDER SECTION 22,984
5104.34 OF THE REVISED CODE FOR PUBLICLY FUNDED CHILD DAY-CARE IS 22,985
VALID FOR ONE YEAR AND A FEE CHARGED UNDER DIVISION (B) OF THAT 22,986
SECTION SHALL NOT BE CHANGED DURING THAT ONE-YEAR PERIOD. 22,987
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY IN EITHER 22,990
OF THE FOLLOWING CIRCUMSTANCES: 22,991
(1) THE PUBLICLY FUNDED CHILD DAY-CARE IS PROVIDED UNDER 22,993
DIVISION (B)(4) OF SECTION 5104.35 OF THE REVISED CODE; 22,994
(2) THE RECIPIENT OF THE PUBLICLY FUNDED CHILD DAY-CARE 22,996
CEASES TO BE ELIGIBLE FOR PUBLICLY FUNDED CHILD DAY-CARE. 22,997
Sec. 5104.38. In addition to any other rules adopted under 23,006
this chapter, the department of human services shall adopt rules 23,007
in accordance with Chapter 119. of the Revised Code governing 23,009
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 23,010
(A) Procedures and criteria to be used in making 23,012
determinations of eligibility for publicly funded child day-care 23,013
that give priority to children of families with lower incomes and 23,015
procedures and criteria for eligibility for publicly funded 23,016
529
protective day-care. The rules shall specify the maximum amount 23,017
of income a family may have for initial and continued 23,018
eligibility. The UNTIL JULY 1, 2000, THE maximum amount shall 23,020
not exceed one hundred eighty-five per cent of the federal 23,021
poverty line. EFFECTIVE JULY 1, 2000, THE MAXIMUM AMOUNT SHALL 23,022
NOT EXCEED TWO HUNDRED PER CENT OF THE FEDERAL POVERTY LINE.
(B) Procedures under which a county department of human 23,024
services may, if the department, under division (A) of this 23,026
section, specifies a maximum amount of income a family may have 23,027
for eligibility for publicly funded child day-care that is less 23,028
than one hundred eighty-five per cent of the federal poverty line 23,029
THE MAXIMUM AMOUNT SPECIFIED IN THAT DIVISION, specify a maximum 23,030
amount of income a family residing in the county the county 23,031
department serves may have for initial and continued eligibility 23,032
for publicly funded child day-care that is higher than the amount 23,033
specified by the department but does not exceed one hundred 23,034
eighty-five per cent of the federal poverty line THE MAXIMUM
AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION; 23,035
(C) A schedule of fees requiring all eligible caretaker 23,038
parents to pay a fee for publicly funded child day-care according 23,039
to income and family size, which shall be uniform for all types 23,040
of publicly funded child day-care, except as authorized by rule, 23,041
and, to the extent permitted by federal law, shall permit the use 23,043
of state and federal funds to pay the customary deposits and 23,044
other advance payments that a provider charges all children who 23,045
receive child day-care from that provider;. THE SCHEDULE OF FEES 23,046
MAY NOT PROVIDE FOR A CARETAKER PARENT TO PAY A FEE THAT EXCEEDS 23,047
TEN PER CENT OF THE PARENT'S FAMILY INCOME. 23,048
(D) A formula based upon a percentage of the county's 23,050
total expenditures for publicly funded child day-care for 23,051
determining the maximum amount of state and federal funds 23,052
appropriated for publicly funded child day-care that a county 23,053
department may use for administrative purposes; 23,054
(E) Procedures to be followed by the department and county 23,056
530
departments in recruiting individuals and groups to become 23,057
providers of child day-care; 23,058
(F) Procedures to be followed in establishing state or 23,060
local programs designed to assist individuals who are eligible 23,061
for publicly funded child day-care in identifying the resources 23,062
available to them and to refer the individuals to appropriate 23,063
sources to obtain child day-care; 23,064
(G) Procedures to deal with fraud and abuse committed by 23,066
either recipients or providers of publicly funded child day-care; 23,067
(H) Procedures for establishing a child day-care grant or 23,069
loan program in accordance with the child care block grant act; 23,070
(I) Standards and procedures for applicants to apply for 23,072
grants and loans, and for the department to make grants and 23,073
loans; 23,074
(J) A definition of "person who stands in loco parentis" 23,076
for the purposes of division (HH)(1) of section 5104.01 of the 23,078
Revised Code;
(K) Any other rules necessary to carry out sections 23,080
5104.30 to 5104.39 of the Revised Code. 23,081
Sec. 5107.02. As used in this chapter: 23,091
(A) "Adult" means an individual who is not a minor child. 23,093
(B) "Assistance group" means a group of individuals 23,095
treated as a unit for purposes of determining eligibility for and 23,096
the amount of assistance provided under Ohio works first. 23,097
(C) "CUSTODIAL PARENT" MEANS EITHER PARENT, UNLESS THE 23,099
PARENTS ARE SEPARATED OR DIVORCED OR THEIR MARRIAGE HAS BEEN 23,100
DISSOLVED OR ANNULLED, IN WHICH CASE "CUSTODIAL PARENT" MEANS THE 23,101
PARENT WHO IS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE 23,102
CHILD.
(D) "CUSTODIAN" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY, 23,104
AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE, OF A MINOR 23,105
CHILD.
(E) "GUARDIAN" MEANS AN INDIVIDUAL THAT IS GRANTED 23,107
AUTHORITY BY A PROBATE COURT PURSUANT TO CHAPTER 2111. OF THE 23,108
531
REVISED CODE TO EXERCISE PARENTAL RIGHTS OVER A MINOR CHILD TO 23,109
THE EXTENT PROVIDED IN THE COURT'S ORDER AND SUBJECT TO RESIDUAL 23,110
PARENTAL RIGHTS OF THE MINOR CHILD'S PARENTS.
(F) "Minor child" means either of the following: 23,112
(1) An individual who has not attained age eighteen; 23,114
(2) An individual who has not attained age nineteen and is 23,117
a full-time student in a secondary school or in the equivalent 23,118
level of vocational or technical training.
(D)(G) "Minor head of household" means a minor child who 23,120
is a CUSTODIAL parent of a child included in the same assistance 23,123
group that does not include an adult.
(E)(H) "Ohio works first" means the program established by 23,125
this chapter known as temporary assistance for needy families in 23,126
Title IV-A. 23,127
(F)(I) "Payment standard" means the amount specified in 23,129
rules adopted under section 5107.05 of the Revised Code that is 23,131
the maximum amount of cash assistance an assistance group may 23,133
receive under Ohio works first from state and federal funds. 23,134
(G)(J) "Specified relative" means the following 23,136
individuals who are age eighteen or older: 23,137
(1) The following individuals related by blood or 23,139
adoption: 23,140
(a) Grandparents, including grandparents with the prefix 23,143
"great," "great-great," or "great-great-great;";
(b) Siblings; 23,145
(c) Aunts, uncles, nephews, and nieces, including such 23,148
relatives with the prefix "great," "great-great.," "grand," or 23,150
"great-grand;";
(d) First cousins and first cousins once removed. 23,153
(2) Stepparents and stepsiblings; 23,155
(3) Spouses and former spouses of individuals named in 23,158
division (G)(J)(1) or (2) of this section. 23,159
(H)(K) "Title IV-A" or "Title IV-D" mean MEANS Title IV-A 23,162
or Title IV-D of the "Social Security Act," 49 Stat. 620 (1935), 23,164
532
42 U.S.C. 301, as amended. 23,165
Sec. 5107.05. The department of human services shall adopt 23,175
rules to implement this chapter. The rules shall be consistent 23,176
with Title IV-A, Title IV-D, federal regulations, state law, the 23,177
Title IV-A state plan submitted to the United States secretary of 23,179
health and human services under section 5101.80 of the Revised 23,181
Code, amendments to the plan, and waivers granted by the United 23,183
States secretary. Rules governing eligibility, program 23,184
participation, and other applicant and participant requirements 23,185
shall be adopted in accordance with Chapter 119. of the Revised 23,187
Code. Rules governing financial and other administrative 23,188
requirements applicable to the department and county departments 23,189
of human services shall be adopted in accordance with section 23,190
111.15 of the Revised Code. 23,191
(A) The rules shall specify, establish, or govern all of 23,193
the following: 23,194
(1) A payment standard for Ohio works first based on 23,196
federal and state appropriations; 23,197
(2) The method of determining the amount of cash 23,199
assistance an assistance group receives under Ohio works first; 23,200
(3) Requirements for initial and continued eligibility for 23,203
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 23,204
The rules regarding income shall specify what is countable 23,205
income, gross earned income, and gross unearned income for the 23,206
purpose of section 5107.10 of the Revised Code. 23,207
(4) For the purpose of section 5107.12 of the Revised 23,210
Code, application and verification procedures, including the 23,211
minimum information an application must contain;. THE MINIMUM 23,212
INFORMATION SHALL INCLUDE AT LEAST TWO TELEPHONE NUMBERS A COUNTY 23,213
DEPARTMENT OF HUMAN SERVICES CAN CALL TO CONTACT MEMBERS OF AN 23,214
ASSISTANCE GROUP. THE SECOND TELEPHONE NUMBER SHALL BE OF AN 23,215
INDIVIDUAL WHO CAN CONTACT AN ASSISTANCE GROUP MEMBER FOR THE 23,216
COUNTY DEPARTMENT IF THE COUNTY DEPARTMENT IS UNABLE TO CONTACT
533
AN ASSISTANCE GROUP MEMBER USING THE FIRST TELEPHONE NUMBER. 23,217
(5) The extent to which a participant of Ohio works first 23,219
must notify, pursuant to section 5107.12 of the Revised Code, a 23,221
county department of human services of additional income not 23,222
previously reported to the county department; 23,223
(6) Requirements for the collection and distribution of 23,225
support payments owed participants of Ohio works first pursuant 23,226
to section 5107.20 of the Revised Code; 23,228
(7) For the purpose of section 5107.22 of the Revised 23,231
Code, what constitutes cooperating in establishing a minor 23,232
child's paternity or establishing, modifying, or enforcing a 23,233
child support order and good cause for failure or refusal to 23,234
cooperate. The rule shall be consistent with 42 U.S.C.A. 23,235
654(29). 23,236
(8) The administration of the LEAP program provided for 23,238
under section 5107.30 of the Revised Code; 23,239
(9) Circumstances under which a county department of human 23,241
services may exempt a minor head of household or adult from 23,242
participating in a work activity or developmental activity for 23,243
all or some of the weekly hours otherwise required by section 23,244
5107.43 of the Revised Code. Circumstances shall include that a 23,245
school or place of work is closed due to a holiday or weather or 23,247
other emergency and that an employer grants the minor head of 23,248
household or adult leave for illness or earned vacation.
(10) The maximum amount of time the department will 23,250
subsidize positions created by state agencies and political 23,251
subdivisions under division (C) of section 5107.52 of the Revised 23,253
Code.
(B) The rules may provide that a county department of 23,256
human services is not required to take action under section 23,257
5107.76 of the Revised Code to recover an erroneous payment that 23,259
is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section: 23,268
(1) "Countable income," "gross earned income," and "gross 23,270
534
unearned income" have the meanings established in rules adopted 23,271
under section 5107.05 of the Revised Code. 23,272
(2) "Gross income" means gross earned income and gross 23,274
unearned income. 23,275
(3) "Strike" means continuous concerted action in failing 23,277
to report to duty; willful absence from one's position; or 23,278
stoppage of work in whole from the full, faithful, and proper 23,279
performance of the duties of employment, for the purpose of 23,280
inducing, influencing, or coercing a change in wages, hours, 23,281
terms, and other conditions of employment. "Strike" does not 23,282
include a stoppage of work by employees in good faith because of 23,283
dangerous or unhealthful working conditions at the place of 23,284
employment that are abnormal to the place of employment. 23,285
(B) Under the Ohio works first program, an assistance 23,287
group shall receive, except as otherwise provided by this 23,289
chapter, time-limited cash assistance. In the case of an 23,290
assistance group that includes a minor head of household or 23,291
adult, assistance shall be provided in accordance with the 23,292
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 23,295
assistance group must meet all of the following requirements: 23,296
(1) The assistance group, except as provided in division 23,298
(E) of this section, must include at least one of the following: 23,300
(a) A minor child who, except as provided in section 23,302
5107.24 of the Revised Code, resides with a custodial parent, 23,304
legal guardian, CUSTODIAN, or specified relative caring for the 23,305
child;
(b) A specified relative of a minor child receiving 23,307
supplemental security income under Title XIV of the "Social 23,308
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 23,310
amended, or federal, state, or local foster care or adoption
assistance who resides with and cares for the minor child; 23,311
(c) A woman at least six months pregnant. 23,313
535
(2) The assistance group must meet the income requirements 23,316
established by division (D) of this section. 23,317
(3) No member of the assistance group may be involved in a 23,319
strike.
(4) The assistance group must satisfy the requirements for 23,322
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 23,324
(5) The assistance group must meet requirements for Ohio 23,326
works first established by rules adopted under section 5107.05 of 23,328
the Revised Code. 23,329
(D)(1) Except as provided in division (D)(3) of this 23,331
section, to determine whether an assistance group is initially 23,332
eligible to participate in Ohio works first, a county department 23,334
of human services shall do the following:
(a) Determine whether the assistance group's gross income 23,337
exceeds the following amount:
Size of Assistance Group Gross Income 23,340
1 $423 23,342
2 $537 23,343
3 $630 23,344
4 $750 23,345
5 $858 23,346
6 $942 23,347
7 $1,038 23,348
8 $1,139 23,349
9 $1,241 23,350
10 $1,343 23,351
11 $1,440 23,352
12 $1,542 23,353
13 $1,643 23,354
14 $1,742 23,355
15 $1,844 23,356
For each person in the assistance group that brings the 23,359
assistance group to more than fifteen persons, add one hundred 23,360
536
two dollars to the amount of gross income for an assistance group 23,362
of fifteen specified in division (D)(1)(a) of this section. 23,363
In making this determination, the county department shall 23,366
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 23,368
disregarded. The assistance group is ineligible to participate 23,369
in Ohio works first if the assistance group's gross income, less 23,370
the amounts disregarded, exceeds the amount specified in division 23,371
(D)(1)(a) of this section. 23,372
(b) If the assistance group's gross income, less the 23,375
amounts disregarded pursuant to division (D)(1)(a) of this 23,377
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 23,379
than the payment standard. The assistance group is ineligible to 23,380
participate in Ohio works first if the assistance group's 23,381
countable income equals or exceeds the payment standard. 23,383
(2) To determine whether an assistance group participating 23,386
in Ohio works first continues to be eligible to participate, a 23,387
county department of human services shall determine whether the 23,388
assistance group's countable income continues to be less than the 23,389
payment standard. In making this determination, the county 23,390
department shall disregard the first two hundred fifty dollars 23,391
and fifty per cent of the remainder of the assistance group's 23,392
gross earned income for the first eighteen months after the first 23,393
month the assistance group receives gross earned income while 23,394
participating in Ohio works first. No amounts shall be 23,395
disregarded from the assistance group's gross unearned income. 23,396
The assistance group ceases to be eligible to participate in Ohio 23,397
works first if its countable income, less the amounts 23,398
disregarded, equals or exceeds the payment standard. 23,399
(3) If an assistance group reapplies to participate in 23,401
Ohio works first not more than four months after ceasing to 23,402
participate, a county department of human services shall use the 23,404
income requirement established by division (D)(2) of this section 23,405
537
to determine eligibility for resumed participation rather than 23,406
the income requirement established by division (D)(1) of this 23,408
section.
(E)(1) An assistance group may continue to participate in 23,410
Ohio works first even though a public children services agency 23,411
removes the assistance group's minor children from the assistance 23,413
group's home due to abuse, neglect, or dependency if the agency 23,414
does both of the following:
(a) Notifies the county department of human services at 23,417
the time the agency removes the children that it believes the 23,418
children will be able to return to the assistance group within 23,419
three months;
(b) Informs the county department at the end of both of 23,422
the first two months after the agency removes the children that 23,423
the CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 23,424
relative of the children is cooperating with the case plans 23,426
prepared for the children under section 2151.412 of the Revised 23,427
Code and that the agency is making reasonable efforts to return 23,429
the children to the assistance group.
(2) An assistance group may continue to participate in 23,431
Ohio works first pursuant to division (E)(1) of this section for 23,433
not more than three payment months. This division does not 23,434
affect the eligibility of an assistance group that includes a 23,435
woman at least six months pregnant. 23,436
Sec. 5107.11. IF A MINOR CHILD APPLYING FOR OR 23,438
PARTICIPATING IN OHIO WORKS FIRST RESIDES WITH A CUSTODIAL 23,440
PARENT, THE PARENT SHALL BE A MEMBER OF THE MINOR CHILD'S 23,441
ASSISTANCE GROUP. IF A MINOR CHILD APPLYING FOR OR PARTICIPATING 23,442
IN OHIO WORKS FIRST RESIDES WITH A GUARDIAN, CUSTODIAN, OR 23,443
SPECIFIED RELATIVE, THE GUARDIAN, CUSTODIAN, OR SPECIFIED
RELATIVE SHALL CHOOSE WHETHER TO BE A MEMBER OF THE MINOR CHILD'S 23,445
ASSISTANCE GROUP. THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE 23,447
MAY CHOOSE NOT TO BE A MEMBER OF THE MINOR CHILD'S ASSISTANCE 23,448
GROUP EVEN IF THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE IS A 23,449
538
MEMBER OF ANOTHER ASSISTANCE GROUP. IF THE GUARDIAN, CUSTODIAN, 23,450
OR SPECIFIED RELATIVE CHOOSES TO BE A MEMBER OF THE MINOR CHILD'S 23,451
ASSISTANCE GROUP, THE GUARDIAN, CUSTODIAN, OR SPECIFIED RELATIVE 23,452
IS SUBJECT TO THE REQUIREMENTS OF THE OHIO WORKS FIRST PROGRAM. 23,453
Sec. 5107.16. (A) If a member of an assistance group 23,463
fails or refuses, without good cause, to comply in full with a 23,464
provision of a self-sufficiency contract entered into under 23,465
section 5107.14 of the Revised Code, a county department OF HUMAN 23,466
SERVICES shall sanction the assistance group as follows: 23,467
(1) For a first failure or refusal, the county department 23,469
shall deny or terminate the NOT PROVIDE A CASH assistance group's 23,471
eligibility to participate in PAYMENT UNDER Ohio works first TO 23,472
THE ASSISTANCE GROUP for one payment month or until the failure 23,474
or refusal ceases, whichever is longer;
(2) For a second failure or refusal, the county department 23,477
shall deny or terminate the NOT PROVIDE A CASH assistance group's 23,478
eligibility to participate in PAYMENT UNDER Ohio works first TO 23,479
THE ASSISTANCE GROUP for three payment months or until the 23,481
failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 23,483
county department shall deny or terminate the NOT PROVIDE A CASH 23,484
assistance group's eligibility to participate in PAYMENT UNDER 23,486
Ohio works first TO THE ASSISTANCE GROUP for six payment months 23,488
or until the failure or refusal ceases, whichever is longer. 23,489
(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, AN 23,491
ASSISTANCE GROUP SANCTIONED UNDER DIVISION (A) OF THIS SECTION 23,493
REMAINS ELIGIBLE TO PARTICIPATE IN OHIO WORKS FIRST AND TO 23,494
RECEIVE THE BENEFITS, OTHER THAN THE CASH ASSISTANCE PAYMENT, 23,495
PROVIDED TO ASSISTANCE GROUPS PARTICIPATING IN OHIO WORKS FIRST, 23,496
INCLUDING THE FOLLOWING: 23,497
(1) EXCEPT AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, 23,499
MEDICAL ASSISTANCE PROVIDED UNDER DIVISION (A)(1)(b) OF SECTION 23,501
5111.01 OF THE REVISED CODE; 23,502
(2) PUBLICLY FUNDED CHILD DAY-CARE PROVIDED UNDER DIVISION 23,504
539
(A)(2) OF SECTION 5104.30 OF THE REVISED CODE; 23,505
(3) FOOD STAMP BENEFITS PROVIDED UNDER DIVISION (A)(9) OF 23,507
SECTION 5101.54 OF THE REVISED CODE. 23,508
(C) IF A SANCTION UNDER DIVISION (A) OF THIS SECTION 23,510
CONTINUES FOR MORE THAN SIX MONTHS, THE COUNTY DEPARTMENT SHALL 23,512
TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO PARTICIPATE IN 23,513
OHIO WORKS FIRST UNTIL THE FAILURE OR REFUSAL TO COMPLY IN FULL 23,514
WITH THE SELF-SUFFICIENCY CONTRACT CEASES. 23,516
(D) Each county department of human services shall 23,519
establish standards for the determination of good cause for 23,520
failure or refusal to comply in full with a provision of a 23,521
self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 23,523
a work activity, developmental activity, or alternative work 23,524
activity under sections 5107.40 to 5107.69 of the Revised Code, 23,526
good cause shall include, except as provided in division (B)(2) 23,528
of this section, the following: 23,529
(a) Failure of the county department to place the member 23,532
in an activity;
(b) Failure of the county department to provide for the 23,535
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 23,537
to be necessary. In determining whether good cause exists, a 23,538
county department shall determine that day care is a necessary 23,539
support service if a single custodial parent caring for a minor 23,540
child under age six proves a demonstrated inability, as 23,541
determined by the county department, to obtain needed child care 23,542
for one or more of the following reasons: 23,543
(i) Unavailability of appropriate child care within a 23,546
reasonable distance from the parent's home or work site; 23,547
(ii) Unavailability or unsuitability of informal child 23,550
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 23,553
child care arrangements.
540
(2) Good cause does not exist if the member of the 23,555
assistance group is placed in a work activity established under 23,557
section 5107.58 of the Revised Code and exhausts the support 23,558
services available for that activity. 23,559
(C)(E) When a state hearing under division (B) of section 23,562
5101.35 of the Revised Code or an administrative appeal under 23,565
division (C) of that section is held regarding a sanction OR 23,566
TERMINATION under this section, the hearing officer, director of 23,568
human services, or director's designee shall base the decision in 23,569
the hearing or appeal on the county department's standards of 23,570
good cause for failure or refusal to comply in full with a 23,571
provision of a self-sufficiency contract, if the county 23,572
department provides the hearing officer, director, or director's 23,573
designee a copy of the county department's good cause standards. 23,574
(D)(F) After sanctioning TERMINATING UNDER DIVISION (C) OF 23,577
THIS SECTION an assistance group under division (A) of this 23,579
section GROUP'S ELIGIBILITY TO PARTICIPATE IN OHIO WORKS FIRST, a 23,580
county department of human services shall provide the member of 23,581
the assistance group who caused the sanction TERMINATION an 23,582
opportunity to demonstrate to the county department a willingness 23,584
to cease the failure or refusal to comply with the 23,585
self-sufficiency contract.
(E)(G)(1) A minor child eligible for medical assistance 23,588
pursuant to division (A)(1)(b) of section 5111.01 of the Revised 23,591
Code who would be eligible to participate in Ohio works first if 23,593
not for a sanction TERMINATION under DIVISION (C) OF this section 23,595
does not lose eligibility for medical assistance. 23,596
(2) An adult eligible for medical assistance pursuant to 23,598
division (A)(1)(b) of section 5111.01 of the Revised Code who 23,601
would be eligible to participate in Ohio works first if not for a 23,602
sanction under division (A)(1) or (2) of this section does not 23,604
lose eligibility for medical assistance. An adult eligible for 23,605
medical assistance pursuant to division (A)(1)(b) of section 23,607
5111.01 of the Revised Code who is sanctioned under division 23,610
541
(A)(3) of this section loses eligibility for medical assistance 23,611
unless the adult is otherwise eligible for medical assistance 23,612
pursuant to another division of section 5111.01 of the Revised 23,614
Code. 23,615
(3) An adult eligible for medical assistance pursuant to 23,617
division (A)(1)(a) of section 5111.01 of the Revised Code who is 23,622
sanctioned under division (A)(3) of this section for a failure or 23,624
refusal, without good cause, to comply in full with a provision 23,625
of a self-sufficiency contract related to work responsibilities 23,626
under sections 5107.40 to 5107.69 of the Revised Code loses 23,627
eligibility for medical assistance unless the adult is otherwise 23,628
eligible for medical assistance pursuant to another division of 23,629
section 5111.01 of the Revised Code. 23,631
(H) AN ASSISTANCE GROUP INELIGIBLE TO PARTICIPATE IN OHIO 23,634
WORKS FIRST BECAUSE OF DIVISION (C) OF THIS SECTION IS ELIGIBLE 23,635
FOR PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO DIVISION (A)(3) OF 23,636
SECTION 5104.30 OF THE REVISED CODE. 23,637
Sec. 5107.161. BEFORE A COUNTY DEPARTMENT OF HUMAN 23,639
SERVICES SANCTIONS AN ASSISTANCE GROUP UNDER DIVISION (A) OF 23,640
SECTION 5107.16 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL 23,641
PROVIDE THE ASSISTANCE GROUP WRITTEN NOTICE OF THE SANCTION. THE 23,642
WRITTEN NOTICE SHALL INCLUDE A PROVISION PRINTED IN BOLD TYPE 23,643
FACE THAT INFORMS THE ASSISTANCE GROUP THAT IT MAY REQUEST A 23,644
MEETING WITH THE COUNTY DEPARTMENT NOT LATER THAN TEN DAYS AFTER 23,645
RECEIVING THE WRITTEN NOTICE TO EXPLAIN WHY THE ASSISTANCE GROUP 23,646
BELIEVES IT SHOULD NOT BE SANCTIONED. THE WRITTEN NOTICE SHALL 23,647
INCLUDE THE TELEPHONE NUMBER OF THE ASSISTANCE GROUP'S CASEWORKER 23,648
AND THE TELEPHONE NUMBER OF AN OHIO WORKS FIRST OMBUDSPERSON 23,649
PROVIDED FOR UNDER SECTION 329.07 OF THE REVISED CODE WHO THE 23,650
ASSISTANCE GROUP MAY CALL IF UNABLE TO CONTACT THE CASEWORKER. 23,652
Sec. 5107.162. IF AN ASSISTANCE GROUP REQUESTS A MEETING 23,654
WITH A COUNTY DEPARTMENT OF HUMAN SERVICES NOT LATER THAN TEN 23,655
DAYS AFTER RECEIVING UNDER SECTION 5107.161 OF THE REVISED CODE 23,656
WRITTEN NOTICE OF A SANCTION, THE COUNTY DEPARTMENT SHALL 23,657
542
SCHEDULE THE MEETING AND POSTPONE IMPOSITION OF THE SANCTION 23,658
UNTIL THE SCHEDULED MEETING IS HELD. 23,659
Sec. 5107.17. WHEN AN ASSISTANCE GROUP RESUMES 23,661
PARTICIPATION IN OHIO WORKS FIRST FOLLOWING TERMINATION UNDER 23,663
SECTION 5107.16 OF THE REVISED CODE, THE TIME THE ASSISTANCE 23,665
GROUP WAS SUBJECT TO TERMINATION SHALL BE CONSIDERED A TEMPORARY 23,666
ABSENCE AND A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL NOT DO 23,667
ANY OF THE FOLLOWING:
(A) UNLESS IT IS THE REGULARLY SCHEDULED TIME FOR THE 23,669
ASSISTANCE GROUP'S ELIGIBILITY TO BE REDETERMINED, REQUIRE THAT 23,670
THE ASSISTANCE GROUP REAPPLY UNDER SECTION 5107.12 OF THE REVISED 23,671
CODE TO PARTICIPATE IN OHIO WORKS FIRST OR ENTER INTO A NEW 23,672
SELF-SUFFICIENCY CONTRACT UNDER SECTION 5107.14 OF THE REVISED 23,674
CODE;
(B) UNLESS THE COUNTY DEPARTMENT DETERMINES IT IS TIME FOR 23,676
A NEW APPRAISAL UNDER SECTION 5107.41 OF THE REVISED CODE, 23,677
REQUIRE THAT THE ASSISTANCE GROUP UNDERGO A NEW APPRAISAL; 23,678
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF SECTION 5107.42 23,680
OF THE REVISED CODE, REASSIGN A MEMBER OF THE ASSISTANCE GROUP TO 23,682
A DIFFERENT WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE 23,683
WORK ACTIVITY;
(D) REQUIRE A MEMBER OF THE ASSISTANCE GROUP TO REPEAT A 23,685
WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 23,686
ACTIVITY, OR COMPONENT OF SUCH AN ACTIVITY, IF THE COUNTY 23,687
DEPARTMENT IS SATISFIED THAT THE MEMBER ALREADY SUCCESSFULLY 23,688
COMPLETED THE ACTIVITY OR COMPONENT. 23,689
Sec. 5107.18. (A) Except as provided in divisions (B), 23,698
(C), (D), and (E) of this section, an assistance group is 23,700
ineligible to participate in Ohio works first if the assistance 23,701
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 23,702
the thirty-six months are consecutive. 23,703
(B) An assistance group that has ceased to participate in 23,706
Ohio works first pursuant to division (A) of this section for at 23,708
543
least twenty-four months may reapply to participate in the 23,709
program if good cause exists as determined by the county 23,710
department of human services. Good cause may include losing 23,711
employment, inability to find employment, divorce, domestic 23,712
violence considerations, and unique personal circumstances. The 23,713
assistance group must provide a county department of human 23,714
services verification acceptable to the county department of 23,715
whether any members of the assistance group had employment during 23,716
the period the assistance group was not participating in Ohio 23,717
works first and the amount and sources of the assistance group's 23,718
income during that period. If a county department is satisfied 23,719
that good cause exists for the assistance group to reapply to 23,720
participate in Ohio works first, the assistance group may 23,721
reapply. Except as provided in divisions (C), (D), and (E) of 23,723
this section, the assistance group may not participate in Ohio 23,724
works first for more than twenty-four additional months. The 23,725
time limit applies regardless of whether the twenty-four months 23,726
are consecutive.
(C) In determining the number of months a CUSTODIAL parent 23,729
or pregnant woman has received assistance under Title IV-A, a 23,733
county department of human services shall disregard any month
during which the CUSTODIAL parent or pregnant woman was a minor 23,735
child but was neither a minor head of household nor married to 23,736
the head of an assistance group.
(D) In determining the number of months an adult has 23,739
received assistance under Title IV-A, a county department of 23,743
human services shall disregard any month during which the adult 23,744
lived on an Indian reservation or in an Alaska native village, as 23,746
those terms are used in 42 U.S.C.A. 608(a)(7)(D), if, during the 23,750
month, at least one thousand individuals lived on the reservation 23,751
or in the village and at least fifty per cent of the adults 23,752
living on the reservation or in the village were unemployed. 23,753
(E) A county department of human services may exempt not 23,756
more than twenty per cent of the average monthly number of Ohio 23,758
544
works first participants from the time limit established by this 23,759
section on the grounds that the county department determines that 23,760
the time limit is a hardship. In the case of the time limit 23,761
established by division (A) of this section, a county department 23,762
may not exempt an assistance group until the group has exhausted 23,763
its thirty-six months of cash assistance. 23,764
(F) The state department of human services shall 23,766
continually monitor the percentage of the average monthly number 23,767
of Ohio works first participants in each county that is exempted 23,769
under division (E) of this section from the time limit 23,770
established by this section. On determining that the percentage 23,772
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 23,773
human services. 23,774
(G) Only participation in Ohio works first on or after 23,776
October 1, 1997, applies to the time limit established by this 23,778
section. The time limit applies regardless of the source of 23,779
funding for the program. Assistance under Title IV-A provided by 23,782
any state applies to the time limit. The time limit is a 23,783
lifetime limit. No assistance group shall receive assistance 23,784
under the program in violation of the time limit for assistance 23,785
under Title IV-A established by section 408(a)(7) of the "Social 23,788
Security Act," as amended by the "Personal Responsibility and 23,789
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 23,791
U.S.C.A. 608(a)(7). 23,792
Sec. 5107.22. As used in this section, "caretaker" means 23,802
the CUSTODIAL parent of a minor child or a relative acting in the 23,804
parent's place. Unless 23,805
UNLESS good cause for failure or refusal exists as 23,807
determined pursuant to rules adopted under section 5107.05 of the 23,809
Revised Code, the caretaker of a minor child shall cooperate, if 23,811
the caretaker is a member of the child's assistance group, in 23,812
establishing the child's paternity and establishing, modifying, 23,813
and enforcing a support order for the child. The child support 23,814
545
enforcement agency with responsibility for administering the 23,815
assistance group's paternity and support order requirements shall 23,817
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 23,818
available to the caretaker to verify the identity of the minor 23,819
child's father and establish, modify, and enforce a support 23,820
order.
A child support enforcement agency shall notify the county 23,823
department of human services serving the county in which a 23,824
caretaker resides if the agency determines that the caretaker has 23,825
failed or refused to cooperate under this section without good 23,826
cause and the caretaker is a member of an assistance group 23,827
participating in Ohio works first. 23,828
Sec. 5107.24. (A) As used in this section: 23,837
(1) "Adult-supervised living arrangement" means a family 23,839
setting approved, licensed, or certified by the department of 23,841
human services, the department of mental health, the department 23,842
of mental retardation and developmental disabilities, the 23,843
department of youth services, a public children services agency, 23,844
a private child placing agency, or a private noncustodial agency 23,845
that is maintained by a person age eighteen or older who assumes 23,846
responsibility for the care and control of a minor parent, 23,847
pregnant minor, or child of a minor parent or provides the minor 23,848
parent, pregnant minor, or child of a minor parent supportive 23,849
services, including counseling, guidance, and supervision. 23,850
"Adult-supervised living arrangement" does not mean a public 23,851
institution. 23,852
(2) "Child of a minor parent" means a child born to a 23,855
minor parent, except that the child ceases to be considered a 23,856
child of a minor parent when the minor parent attains age 23,857
eighteen.
(3) "Minor parent" means a CUSTODIAL parent who is under 23,859
age eighteen and is not married. 23,861
(4) "Pregnant minor" means a pregnant person who is under 23,863
546
age eighteen and not married. 23,865
(B)(1) Except as provided in division (B)(2) of this 23,868
section, a pregnant minor, minor parent, or child of a minor 23,869
parent must reside in a place of residence maintained by a 23,871
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 23,873
relative of the pregnant minor or minor parent as the CUSTODIAL 23,874
parent's, guardian's, CUSTODIAN'S, or specified relative's own 23,875
home to be eligible to participate in Ohio works first. 23,877
(2) A pregnant minor, minor parent, or child of a minor 23,880
parent is exempt from the requirement of division (B)(1) of this 23,881
section if any of the following apply:
(a) The minor parent or pregnant minor does not have a 23,883
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 23,885
relative living or whose whereabouts are known. 23,886
(b) No CUSTODIAL parent, legal guardian, CUSTODIAN, or 23,889
specified relative of the minor parent or pregnant minor will 23,891
allow the pregnant minor, minor parent, or minor parent's child 23,892
to live in the CUSTODIAL parent's, legal guardian's, CUSTODIAN'S 23,893
or specified relative's home. 23,894
(c) The department of human services, a county department 23,896
of human services, or a public children services agency 23,898
determines that the physical or emotional health or safety of the 23,899
pregnant minor, minor parent, or minor parent's child would be in 23,900
jeopardy if the pregnant minor, minor parent, or minor parent's 23,901
child lived in the same home as the CUSTODIAL parent, legal 23,902
guardian, CUSTODIAN, or specified relative. 23,904
(d) The department of human services, a county department 23,907
of human services, or a public children services agency otherwise 23,908
determines that it is in the best interest of the pregnant minor, 23,910
minor parent, or minor parent's child to waive the requirement of 23,911
division (B)(1) of this section.
(C) A pregnant minor, minor parent, or child of a minor 23,913
parent exempt from the requirement of division (B)(1) of this 23,915
section must reside in an adult-supervised living arrangement to 23,916
547
be eligible to participate in Ohio works first.
(D) The department of human services, whenever possible, 23,918
shall provide cash assistance under Ohio works first to the 23,920
CUSTODIAL parent, legal guardian, CUSTODIAN, or specified 23,921
relative of a pregnant minor or minor parent on behalf of the 23,922
pregnant minor, minor parent, or minor parent's child. 23,923
Sec. 5107.26. (A) As used in this section: 23,932
(1) "Transitional child day-care" means publicly funded 23,935
child day-care provided under division (A)(3) of section 5104.34 23,937
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 23,940
provided under section 5111.023 of the Revised Code. 23,941
(B) Except as provided in division (C) of this section, 23,943
each member of an assistance group participating in Ohio works 23,944
first is ineligible to participate in the program for six payment 23,947
months if a county department of human services determines that a 23,949
member of the assistance group terminated the member's employment 23,951
and each person who, ON THE DAY PRIOR TO THE DAY A RECIPIENT 23,952
BEGINS TO RECEIVE TRANSITIONAL CHILD DAY-CARE OR TRANSITIONAL
MEDICAID, was a member of the RECIPIENT'S assistance group of a 23,954
recipient of transitional child day-care or transitional medicaid 23,955
on the day prior to the day the recipient begins to receive 23,956
transitional child day-care or transitional medicaid is 23,957
ineligible to participate in Ohio works first for six payment 23,959
months if a county department determines that the recipient 23,961
terminated the recipient's employment. 23,963
(C) No assistance group member shall lose or be denied 23,966
eligibility to participate in Ohio works first pursuant to 23,968
division (B) of this section if THE TERMINATION OF EMPLOYMENT WAS 23,969
BECAUSE AN ASSISTANCE GROUP MEMBER OR RECIPIENT OF TRANSITIONAL 23,970
CHILD DAY-CARE OR TRANSITIONAL MEDICAID SECURED COMPARABLE OR 23,971
BETTER EMPLOYMENT OR the county department of human services 23,973
certifies that the assistance group member who OR RECIPIENT 23,975
terminated THE employment did so with just cause. 23,976
548
Just cause includes the following: 23,978
(1) Discrimination by an employer based on age, race, sex, 23,981
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 23,983
employment unreasonable, such as working without being paid on 23,984
schedule; 23,985
(3) Employment that has become unsuitable due to any of 23,987
the following: 23,988
(a) The wage is less than the federal minimum wage; 23,990
(b) The work is at a site subject to a strike or lockout, 23,993
unless the strike has been enjoined under section 208 of the 23,994
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 23,995
U.S.C.A. 178, as amended, an injunction has been issued under 23,997
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 23,999
U.S.C.A. 160, as amended, or an injunction has been issued under 24,000
section 4117.16 of the Revised Code; 24,001
(c) The documented degree of risk to the assistance group 24,004
member's MEMBER OR RECIPIENT'S health and safety is unreasonable; 24,006
(d) The assistance group member OR RECIPIENT is physically 24,008
or mentally unfit to perform the employment, as documented by 24,009
medical evidence or by reliable information from other sources. 24,011
(4) Documented illness of the assistance group member OR 24,014
RECIPIENT or of another assistance group member OF THE MEMBER OR 24,016
RECIPIENT requiring the presence of the assistance group member 24,017
OR RECIPIENT;
(5) A documented household emergency; 24,019
(6) Lack of adequate child care for children of the 24,021
assistance group member OR RECIPIENT who are under six years of 24,022
age. 24,023
Sec. 5107.28. (A) As used in this section and in sections 24,032
5107.281 to 5107.287 of the Revised Code: 24,034
(1) "Cash assistance payment" means the monthly amount an 24,036
assistance group is eligible to receive under Ohio works first. 24,037
(2) "Parent" means the CUSTODIAL parent, legal guardian, 24,039
549
CUSTODIAN, or specified relative with charge or care of a 24,041
learnfare participant.
(3) "Participating student" means a participant of Ohio 24,043
works first who is subject to the school attendance requirement 24,045
of the learnfare program as determined under section 5107.281 of 24,046
the Revised Code.
(B) The state department of human services shall establish 24,050
the learnfare program. The board of county commissioners of any 24,051
county may choose to have the county participate in the learnfare 24,052
program. The county department of human services of each 24,053
participating county shall administer the program in accordance 24,055
with sections 5107.28 to 5107.287 of the Revised Code and 24,056
policies the county department establishes for the program. 24,057
(C) The program shall provide for reduction in the cash 24,060
assistance payment to the assistance group of a participating 24,061
student if the student fails to comply with the program's school 24,063
attendance requirement two or more times during a school year. 24,064
(D) The program may provide for an incentive to encourage 24,067
a parent or, if a participating student is eighteen or nineteen 24,069
years of age, the student to consent to the release of the 24,070
participating student's school attendance records and the 24,072
participating student to comply with the program's school 24,073
attendance requirement. 24,074
Sec. 5107.541. A county department of human services may 24,083
contract with the chief administrator of a nonpublic school or 24,084
with any school district board of education that has adopted a 24,085
resolution under section 3319.089 of the Revised Code to provide 24,086
for a participant of the work experience program who has a minor 24,088
child enrolled in the nonpublic school or a public school in the 24,089
district to be assigned under the work experience program to 24,090
volunteer or work for compensation at the school in which the 24,091
child is enrolled. Unless it is not possible or practical, a 24,092
contract shall provide for a participant to volunteer or work at 24,093
the school as a classroom aide. If that is impossible or 24,094
550
impractical, the contract may provide for the participant to 24,096
volunteer to work in another position at the school. A contract 24,097
may provide for the nonpublic school or board of education to 24,098
receive funding to pay for coordinating, training, and 24,100
supervising participants volunteering or working in schools. 24,101
Notwithstanding section 3319.088 of the Revised Code, a 24,103
participant volunteering or working as a classroom aide under 24,104
this section is not required to obtain an educational aide permit 24,106
or paraprofessional license. The participant shall not be 24,107
considered an employee of a political subdivision for purposes of 24,108
Chapter 2744. of the Revised Code and is not entitled to any 24,110
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 24,111
An assignment under this section shall include attending 24,114
academic home enrichment classes that provide instruction for
CUSTODIAL parents in creating a home environment that prepares 24,115
and enables children to learn at school. 24,116
Sec. 5107.60. In accordance with Title IV-A, federal 24,126
regulations, state law, the Title IV-A state plan prepared under 24,128
section 5101.80 of the Revised Code, and amendments to the plan, 24,129
county departments of human services shall establish and 24,130
administer the following work activities, in addition to the work 24,131
activities established under sections 5107.50, 5107.52, 5107.54, 24,132
and 5107.58 of the Revised Code, for minor heads of households 24,135
and adults participating in Ohio works first:
(A) Unsubsidized employment activities, including 24,138
activities a county department determines are legitimate 24,139
entrepreneurial activities;
(B) On-the-job training activities, including training to 24,142
become an employee of a child day-care center or type A family 24,144
day-care home, authorized provider of a certified type B family 24,145
day-care home, or in-home aide; 24,146
(C) Community service activities including a program under 24,150
which a participant of Ohio works first who is the CUSTODIAL 24,151
551
parent, legal guardian, CUSTODIAN, or specified relative 24,152
responsible for the care of a minor child enrolled in grade 24,153
twelve or lower is involved in the minor child's education on a 24,154
regular basis.;
(D) Vocational educational training activities; 24,156
(E) Jobs skills training activities that are directly 24,159
related to employment;
(F) Education activities that are directly related to 24,162
employment for participants who have not earned a high school 24,163
diploma or high school equivalence diploma; 24,164
(G) Education activities for participants who have not 24,167
completed secondary school or received a high school equivalence 24,168
diploma under which the participants attend a secondary school or 24,169
a course of study leading to a high school equivalence diploma; 24,170
(H) Child-care service activities aiding another 24,173
participant assigned to a community service activity or other 24,174
work activity. A county department may provide for a participant 24,176
assigned to this work activity to receive training necessary to
provide child-care services. 24,177
Sec. 5107.72. Each county department of human services 24,186
shall refer a CUSTODIAL parent participating in Ohio works first 24,188
whose minor child is a member of the CUSTODIAL parent's 24,189
assistance group to any private or public agency, medical doctor, 24,190
clinic, or other person or organization which can advise the 24,191
CUSTODIAL parent on methods of controlling the size and spacing 24,193
of the CUSTODIAL parent's family, consistent with the CUSTODIAL 24,195
parent's religious and moral views. A county department shall 24,197
document each referral it makes under this section. 24,198
Sec. 5111.01. As used in this chapter, "medical assistance 24,208
program" or "medicaid" means the program that is authorized by 24,210
this section and provided by the department of human services 24,212
under this chapter, Title XIX of the "Social Security Act," 49 24,213
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the waivers of 24,214
Title XIX requirements granted to the department by the health 24,217
552
care financing administration of the United States department of 24,219
health and human services. 24,220
(A) The department of human services may provide medical 24,222
assistance under the medicaid program as long as federal funds 24,224
are provided for such assistance, to the following:
(1) Families with children that meet either of the 24,227
following conditions: 24,228
(a) The family meets the income, resource, and family 24,231
composition requirements in effect on July 16, 1996, for the 24,232
former aid to dependent children program as those requirements 24,233
were established by Chapter 5107. of the Revised Code, federal 24,236
waivers granted pursuant to requests made under former section 24,237
5101.09 of the Revised Code, and rules adopted by the department. 24,240
An adult loses eligibility for medical assistance under division 24,241
(A)(1)(a) of this section pursuant to division (E)(G)(3) of 24,244
section 5107.16 of the Revised Code. 24,246
(b) The family does not meet the requirements specified in 24,249
division (A)(1)(a) of this section but is participating in the 24,252
Ohio works first program established under Chapter 5107. of the 24,253
Revised Code or is eligible for medical assistance pursuant to 24,254
section 5101.18 or division (E)(G)(1) or (2) of section 5107.16 24,256
of the Revised Code despite being ineligible to participate in 24,258
Ohio works first. AN ADULT LOSES ELIGIBILITY FOR MEDICAL 24,259
ASSISTANCE UNDER DIVISION (A)(1)(b) OF THIS SECTION PURSUANT TO 24,260
DIVISION (G)(2) OF SECTION 5107.16 OF THE REVISED CODE. 24,261
(2) Aged, blind, and disabled persons who meet the 24,263
following conditions: 24,264
(a) Receive federal aid under Title XVI of the "Social 24,266
Security Act," or are eligible for but are not receiving such 24,267
aid, provided that the income from all other sources for 24,268
individuals with independent living arrangements shall not exceed 24,269
one hundred seventy-five dollars per month. The income standards 24,270
hereby established shall be adjusted annually at the rate that is 24,271
used by the United States department of health and human services 24,273
553
to adjust the amounts payable under Title XVI. 24,274
(b) Do not receive aid under Title XVI, but meet any of 24,276
the following criteria: 24,277
(i) Would be eligible to receive such aid, except that 24,279
their income, other than that excluded from consideration as 24,280
income under Title XVI, exceeds the maximum under division 24,281
(A)(2)(a) of this section, and incurred expenses for medical 24,282
care, as determined under federal regulations applicable to 24,283
section 209(b) of the "Social Security Amendments of 1972," 86 24,284
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 24,285
amount by which their income exceeds the maximum under division 24,286
(A)(2)(a) of this section; 24,287
(ii) Received aid for the aged, aid to the blind, or aid 24,289
for the permanently and totally disabled prior to January 1, 24,290
1974, and continue to meet all the same eligibility requirements; 24,291
(iii) Are eligible for medical assistance pursuant to 24,293
section 5101.18 of the Revised Code. 24,294
(3) Persons to whom federal law requires, as a condition 24,296
of state participation in the medicaid program, that medical 24,297
assistance be provided; 24,298
(4) Persons under age twenty-one who meet the income 24,300
requirements for the Ohio works first program established under 24,301
Chapter 5107. of the Revised Code but do not meet other 24,303
eligibility requirements for the program. The department shall 24,305
adopt rules in accordance with Chapter 119. of the Revised Code 24,306
specifying which Ohio works first requirements shall be waived 24,308
for the purpose of providing medicaid eligibility under division 24,310
(A)(4) of this section.
(B) If funds are appropriated for such purpose by the 24,312
general assembly, the department may provide medical assistance 24,313
to persons in groups designated by federal law as groups to which 24,315
a state, at its option, may provide medical assistance under the 24,316
medicaid program.
(C) The department may expand eligibility for medical 24,319
554
assistance to include individuals under age nineteen with family 24,320
incomes at or below one hundred fifty per cent of the federal 24,321
poverty guideline guidelines, except that the eligibility 24,322
expansion shall not occur unless the department receives the 24,323
approval of the federal government. The department may implement 24,324
the eligibility expansion authorized under this division on any 24,325
date selected by the department, but not sooner than January 1, 24,326
1998. 24,327
(D) In addition to any other authority or requirement to 24,330
adopt rules under this chapter, the department may adopt rules in 24,331
accordance with section 111.15 of the Revised Code as it 24,333
considers necessary to establish standards, procedures, and other 24,334
requirements regarding the provision of medical assistance. The 24,335
rules may establish requirements to be followed in applying for 24,336
medical assistance, making determinations of eligibility for 24,337
medical assistance, and verifying eligibility for medical 24,338
assistance. The rules may include special conditions as the 24,339
department determines appropriate for making applications, 24,340
determining eligibility, and verifying eligibility for any 24,341
medical assistance that the department may provide pursuant to 24,342
division (C) of this section AND SECTION 5111.014 OF THE REVISED 24,343
CODE.
Sec. 5111.014. (A) THE DIRECTOR OF HUMAN SERVICES SHALL 24,345
SUBMIT TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN 24,346
SERVICES AN AMENDMENT TO THE STATE MEDICAID PLAN TO MAKE AN 24,347
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS ELIGIBLE 24,348
FOR THE HEALTHY START COMPONENT OF MEDICAID: 24,349
(1) THE INDIVIDUAL IS PREGNANT; 24,351
(2) THE INDIVIDUAL'S FAMILY INCOME DOES NOT EXCEED ONE 24,353
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY GUIDELINES; 24,354
(3) THE INDIVIDUAL SATISFIES ALL RELEVANT REQUIREMENTS 24,356
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (D) OF SECTION 24,357
5111.01 OF THE REVISED CODE.
(B) IF APPROVED BY THE UNITED STATES SECRETARY OF HEALTH 24,360
555
AND HUMAN SERVICES, THE DIRECTOR OF HUMAN SERVICES SHALL
IMPLEMENT THE MEDICAID PLAN AMENDMENT SUBMITTED UNDER DIVISION 24,361
(A) OF THIS SECTION AS SOON AS POSSIBLE AFTER RECEIPT OF NOTICE 24,362
OF THE APPROVAL, BUT NOT SOONER THAN JANUARY 1, 2000. 24,363
Sec. 5111.025. (A) EFFECTIVE JULY 1, 2001, AND THE FIRST 24,366
DAY OF EACH JULY THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 24,367
SHALL ADJUST THE RATE IT REIMBURSES MEDICAL PROVIDERS SPECIFIED 24,368
IN RULES ADOPTED UNDER DIVISION (B) OF THIS SECTION FOR MEDICAL 24,369
SERVICES RENDERED UNDER THE MEDICAL ASSISTANCE PROGRAM. THE 24,370
DEPARTMENT SHALL ADJUST THE RATE BY THE PERCENTAGE INCREASE IN 24,372
THE GROSS DOMESTIC PRODUCT DEFLATOR FOR THE PRECEDING CALENDAR 24,374
YEAR AS DETERMINED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE 24,375
UNITED STATES DEPARTMENT OF COMMERCE.
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 24,377
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 24,379
EFFICIENT ADMINISTRATION OF THIS SECTION. THE RULES SHALL 24,380
ESTABLISH A LIST SPECIFYING THE MEDICAL PROVIDERS THAT WILL 24,381
RECEIVE THE ADJUSTED RATE OF REIMBURSEMENT. THE DEPARTMENT SHALL 24,383
INCLUDE IN THE LIST AT LEAST PHYSICIANS, DENTISTS, AMBULANCE 24,384
SERVICE PROVIDERS, AND PROVIDERS OF HOME AND COMMUNITY-BASED 24,385
SERVICES UNDER THE PASSPORT PROGRAM CREATED UNDER SECTION 173.40 24,386
OF THE REVISED CODE. THE DEPARTMENT SHALL EXCLUDE FROM THE LIST 24,387
NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE MENTALLY 24,388
RETARDED, HOSPITALS, AND MANAGED CARE ORGANIZATIONS. 24,389
(C) THIS SECTION DOES NOT AFFECT SECTIONS 5111.20 TO 24,391
5111.32 OF THE REVISED CODE OR PRECLUDE THE DEPARTMENT OF HUMAN 24,392
SERVICES FROM ADJUSTING THE RATE IT REIMBURSES HOSPITALS AND 24,393
MANAGED CARE ORGANIZATIONS FOR MEDICAL SERVICES RENDERED UNDER 24,394
THE MEDICAL ASSISTANCE PROGRAM IN A MANNER DIFFERENT FROM THE 24,395
METHOD OF ADJUSTMENT ESTABLISHED BY DIVISION (A) OF THIS SECTION. 24,396
Sec. 5111.101. (A) IF A COUNTY DEPARTMENT OF HUMAN 24,398
SERVICES OPERATES A HEALTH CARE OUTREACH PROGRAM PURSUANT TO A 24,399
PLAN APPROVED BY THE STATE DEPARTMENT OF HUMAN SERVICES UNDER 24,400
DIVISION (B) OF THIS SECTION, THE STATE DEPARTMENT MAY ENTER INTO 24,401
556
AN AGREEMENT WITH THE COUNTY DEPARTMENT UNDER WHICH PUBLIC AND 24,403
PRIVATE FUNDS ARE USED BY THE COUNTY TO PAY THE NONFEDERAL SHARE 24,404
OF THE EXPENDITURES FOR CONDUCTING OUTREACH SERVICES THAT ARE 24,405
REIMBURSABLE UNDER THE MEDICAL ASSISTANCE PROGRAM, INCLUDING THE 24,406
HEALTHY START PROGRAM AUTHORIZED UNDER SECTION 5111.013 OF THE 24,408
REVISED CODE, AND THE CHILDREN'S HEALTH INSURANCE PROGRAM, PARTS 24,409
I AND II, AUTHORIZED UNDER SECTIONS 5101.50 AND 5101.51 OF THE 24,410
REVISED CODE. FOR PURPOSES OF THE MEDICAL ASSISTANCE PROGRAM, 24,412
THE AGREEMENT SHALL BE ENTERED INTO PURSUANT TO SECTION 5111.10 24,413
OF THE REVISED CODE.
(B) A COUNTY DEPARTMENT OF HUMAN SERVICES SEEKING APPROVAL 24,415
OF A PLAN TO CONDUCT OUTREACH SERVICES FOR THE PURPOSE OF 24,416
INCREASING ENROLLMENT IN THE MEDICAL ASSISTANCE PROGRAM AND
CHILDREN'S HEALTH INSURANCE PROGRAM SHALL APPLY TO THE STATE 24,417
DEPARTMENT FOR APPROVAL OF THE PLAN. APPLICATION FOR APPROVAL 24,418
SHALL BE MADE IN THE MANNER PRESCRIBED BY THE STATE DEPARTMENT. 24,419
THE STATE DEPARTMENT SHALL APPROVE AN OUTREACH PLAN IF THE 24,421
PLAN MEETS THE REQUIREMENTS THAT THE STATE DEPARTMENT ESTABLISHES 24,422
FOR DETERMINING WHETHER A PLAN INCORPORATES EFFECTIVE METHODS FOR 24,423
INCREASING ENROLLMENT IN THE MEDICAL ASSISTANCE AND CHILDREN'S 24,424
HEALTH INSURANCE PROGRAMS. THE STATE DEPARTMENT MAY RESCIND ITS 24,425
APPROVAL IF IT DETERMINES THAT THE PLAN NO LONGER MEETS THE 24,426
REQUIREMENTS.
THE STATE DEPARTMENT SHALL ADOPT RULES SPECIFYING THE 24,428
CRITERIA THAT MUST BE MET TO RECEIVE APPROVAL UNDER THIS 24,429
DIVISION. THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 24,430
119. OF THE REVISED CODE. 24,431
Sec. 5111.113. As used in this section, "nursing facility" 24,441
has AND "INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED" 24,442
HAVE the same meaning MEANINGS as in section 5111.20 of the 24,443
Revised Code. 24,444
In determining the amount of income THAT a recipient of 24,446
medical assistance must apply monthly to TOWARD payment of the 24,447
cost of care in a nursing facility OR INTERMEDIATE CARE FACILITY 24,449
557
FOR THE MENTALLY RETARDED, the county department of human 24,450
services shall deduct from the recipient's monthly income a 24,451
monthly personal needs allowance in accordance with section 1902 24,452
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 24,453
1396a, as amended. The 24,454
FOR A RESIDENT OF A NURSING FACILITY, THE monthly personal 24,456
needs allowance shall be not less than forty dollars for an 24,458
individual resident of a nursing facility and not less than 24,459
eighty dollars for a married couple if both spouses are residents 24,460
of a nursing facility. 24,461
FOR A RESIDENT OF AN INTERMEDIATE CARE FACILITY FOR THE 24,463
MENTALLY RETARDED, IN STATE FISCAL YEAR 2000, THE MONTHLY 24,464
PERSONAL NEEDS ALLOWANCE SHALL BE FORTY DOLLARS, UNLESS THE 24,465
RESIDENT HAS EARNED INCOME, IN WHICH CASE THE MONTHLY PERSONAL 24,466
NEEDS ALLOWANCE SHALL BE ONE HUNDRED FIVE DOLLARS. THE PERSONAL 24,467
NEEDS ALLOWANCES FOR RESIDENTS OF INTERMEDIATE CARE FACILITIES 24,468
FOR THE MENTALLY RETARDED SHALL BE APPLIED IN EACH SUBSEQUENT 24,469
STATE FISCAL YEAR, EXCEPT THAT THE DIRECTOR OF HUMAN SERVICES MAY 24,470
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 24,472
TO MAKE ANNUAL ADJUSTMENTS IN THE AMOUNTS OF THE ALLOWANCES TO 24,473
REFLECT INCREASES IN THE CONSUMER PRICE INDEX FOR ALL URBAN 24,474
CONSUMERS, ALL ITEMS, MIDWEST REGION, AS PUBLISHED BY THE UNITED 24,475
STATES BUREAU OF LABOR STATISTICS. 24,476
Sec. 5112.03. (A) The director of human services shall 24,485
adopt, and may amend and rescind, rules in accordance with 24,486
Chapter 119. of the Revised Code for the purpose of administering 24,487
sections 5112.01 to 5112.21 of the Revised Code, including rules 24,488
that do all of the following: 24,489
(1) Define as a "disproportionate share hospital" any 24,491
hospital included under subsection (b) of section 1923 of the 24,492
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 24,493
1396r-4(b), as amended, and any other hospital the director 24,494
determines appropriate;
(2) Prescribe the form for submission of cost reports 24,496
558
under section 5112.04 of the Revised Code; 24,497
(3) Establish, in accordance with division (B) of section 24,499
5112.06 of the Revised Code, the ASSESSMENT rate of hospital 24,500
assessments OR RATES to be applied TO HOSPITALS under that 24,503
section;
(4) Establish schedules for hospitals to pay installments 24,505
on their assessments under section 5112.06 of the Revised Code 24,506
and for governmental hospitals to pay installments on their 24,507
intergovernmental transfers under section 5112.07 of the Revised 24,508
Code;
(5) Establish procedures to notify hospitals of 24,510
adjustments made under division (C)(2)(b) of section 5112.06 of 24,512
the Revised Code in the amount of installments on their
assessment; 24,513
(6) Establish procedures to notify hospitals of 24,515
adjustments made under division (D) of section 5112.09 of the 24,516
Revised Code in the total amount of their assessment and to 24,517
adjust for the remainder of the program year the amount of the 24,518
installments on the assessments; 24,519
(7) Establish, in accordance with section 5112.08 of the 24,521
Revised Code, the methodology for paying hospitals under that 24,522
section. 24,523
The director shall consult with hospitals when adopting the 24,525
rules required by divisions (A)(4) and (5) of this section in 24,526
order to minimize hospitals' cash flow difficulties. 24,527
(B) Rules adopted under this section may provide that 24,529
"total facility costs" excludes costs associated with any of the 24,531
following:
(1) Recipients of the medical assistance program; 24,533
(2) Recipients of general assistance medical assistance 24,535
provided under FORMER Chapter 5113. of the Revised Code; 24,537
(3) Recipients of disability assistance medical assistance 24,540
provided under Chapter 5115. of the Revised Code; 24,541
(4) Recipients of the program for medically handicapped 24,543
559
children established under section 3701.023 of the Revised Code; 24,545
(5) Recipients of the medicare program established under 24,547
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 24,550
U.S.C.A. 301, as amended; 24,551
(6) Recipients of Title V of the "Social Security Act"; 24,554
(7) Any other category of costs deemed appropriate by the 24,556
director in accordance with Title XIX of the "Social Security 24,558
Act" and the rules adopted under that title. 24,559
Sec. 5112.06. (A) For the purpose of making payments to 24,568
hospitals under the medical assistance program, there is hereby 24,569
imposed on each hospital an assessment on total facility costs at 24,570
a. THE rate AT WHICH A HOSPITAL IS to be ASSESSED SHALL BE 24,572
established each program year by the department of human 24,573
services, in accordance with division (B) of this section, in 24,574
rules adopted under section 5112.03 of the Revised Code.
(B) The department shall assess each hospital at the same 24,576
rate HOSPITALS IN A MANNER CONSISTENT WITH FEDERAL STATUTES AND 24,577
REGULATIONS. THE DEPARTMENT MAY ESTABLISH AN ASSESSMENT RATE 24,578
THAT IS THE SAME FOR ALL HOSPITALS OR MAY ESTABLISH TWO OR MORE 24,579
ASSESSMENT RATES THAT APPLY TO HOSPITALS ACCORDING TO CATEGORIES 24,580
THE DEPARTMENT ESTABLISHES BASED ON HOSPITALS' TOTAL FACILITY 24,581
COSTS. During any program year, the department shall not assess 24,582
hospitals ANY HOSPITAL at a rate greater than two per cent of 24,583
each THE hospital's total facility costs. 24,585
The department shall establish an assessment rate OR RATES 24,587
each program year that will do both of the following: 24,588
(1) Yield funds that, when combined with intergovernmental 24,590
transfers and federal matching funds, will produce a program of 24,591
sufficient size to pay a substantial portion of the indigent care 24,592
provided by hospitals; 24,593
(2) Yield funds that, when combined with intergovernmental 24,595
transfers and federal matching funds, will produce payments to 24,596
disproportionate share hospitals that do not exceed, in the 24,597
aggregate, the limits prescribed by the United States health care 24,599
560
financing administration under subparagraph SUBSECTION (f)(2)(A) 24,601
of section 1923 of the "Social Security Act," 49 Stat. 620 24,604
(1935), 42 U.S.C.A. 1396r-4(f)(2)(A), as amended. 24,606
(C)(1) Except as provided in division (C)(3) of this 24,608
section, each hospital shall pay its assessment in periodic 24,609
installments in accordance with a schedule established by the 24,610
director of human services in rules adopted under section 5112.03 24,611
of the Revised Code. 24,612
(2) The installments shall be equal in amount, unless 24,615
either of the following applies:
(a) The department makes adjustments during a program year 24,617
under division (D) of section 5112.09 of the Revised Code in the 24,618
total amount of hospitals' assessments; 24,619
(b) The director of human services determines that 24,621
adjustments in the amounts of installments are necessary for the 24,623
administration of sections 5112.01 to 5112.21 of the Revised Code 24,624
and that unequal installments will not create cash flow 24,625
difficulties for hospitals.
(3) The director may adopt rules under section 5112.03 of 24,628
the Revised Code establishing alternate schedules for hospitals 24,629
to pay assessments under this section in order to reduce 24,630
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human services may 24,639
require governmental hospitals to make intergovernmental 24,640
transfers each program year. The department shall not require 24,641
transfers in an amount that, when combined with hospital 24,642
assessments paid under section 5112.06 of the Revised Code and 24,643
federal matching funds, produce payments to disproportionate 24,644
share hospitals that, in the aggregate, exceed limits prescribed 24,645
by the United States health care financing administration under 24,647
subparagraph SUBSECTION (f)(2)(A) of section 1923 of the "Social 24,648
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f)(2)(A), 24,649
as amended.
(B) Before or during each program year, the department 24,652
561
shall notify each governmental hospital of the amount of the 24,653
intergovernmental transfer it is required to make during the 24,654
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 24,655
this section in periodic installments, executed by electronic 24,656
fund transfer, in accordance with a schedule established in rules 24,657
adopted under section 5112.03 of the Revised Code. 24,658
Sec. 5112.08. The director of human services shall adopt 24,667
rules under section 5112.03 of the Revised Code establishing a 24,668
methodology to pay hospitals that is sufficient to expend all 24,669
money in the indigent care pool. Under the rules: 24,670
(A) The department of human services shall MAY classify 24,672
similar hospitals into groups and allocate funds for distribution 24,673
within each group. 24,674
(B) The department shall establish a method of allocating 24,676
funds to each group of hospitals, taking into consideration the 24,677
relative amount of indigent care provided by each HOSPITAL OR 24,678
group OF HOSPITALS. The amount to be allocated to each group 24,680
shall be based on any combination of the following indicators of 24,681
indigent care that the director considers appropriate: 24,682
(1) Total costs, volume, or proportion of services to 24,684
recipients of the medical assistance program, including 24,685
recipients enrolled in health insuring corporations; 24,687
(2) Total costs, volume, or proportion of services to 24,689
low-income patients in addition to recipients of the medical 24,690
assistance program, which may include recipients of Title V of 24,692
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 24,694
as amended, general assistance established under FORMER Chapter 24,696
5113. of the Revised Code, and disability assistance established 24,697
under Chapter 5115. of the Revised Code; 24,698
(3) The amount of uncompensated care provided by the 24,700
HOSPITAL OR GROUP OF hospitals; 24,701
(4) Other factors that the director considers to be 24,703
appropriate indicators of indigent care. 24,704
562
(C) The department shall distribute funds to hospitals in 24,706
each HOSPITAL OR group OF HOSPITALS in a manner that first may 24,707
provide for an additional payment to individual hospitals that 24,709
provide a high proportion of indigent care in relation to the 24,710
total care provided by the hospital or in relation to other 24,711
hospitals. The department shall establish a formula to 24,712
distribute the remainder of the funds allocated to the group to 24,713
all hospitals in the group. The formula shall be consistent with 24,714
section 1923 of the "Social Security Act," 42 U.S.C.A. 1396r-4, 24,716
as amended, and shall be based on any combination of the 24,718
indicators of indigent care listed in division (B) of this 24,719
section that the director considers appropriate. 24,720
(D) The department shall make payments to each hospital in 24,722
installments not later than ten working days after the deadline 24,723
established in rules for each hospital to pay an installment on 24,724
its assessment under section 5112.06 of the Revised Code. In the 24,725
case of a governmental hospital that makes intergovernmental 24,726
transfers, the department shall pay an installment under this 24,727
section not later than ten working days after the earlier of that 24,728
deadline or the deadline established in rules for the 24,729
governmental hospital to pay an installment on its 24,730
intergovernmental transfer. If the amount in the hospital care 24,731
assurance program fund and the hospital care assurance match fund 24,732
created under section 5112.18 of the Revised Code is insufficient 24,733
to make the total payments for which hospitals are eligible to 24,734
receive in any period, the department shall reduce the amount of 24,735
each payment by the percentage by which the amount is 24,736
insufficient. The department shall pay hospitals any amounts not 24,737
paid in the period in which they are due as soon as moneys are 24,738
available in the funds. 24,739
Sec. 5112.09. (A) Before or during each program year, the 24,748
department of human services shall mail to each hospital by 24,751
certified mail, return receipt requested, the preliminary
determination of the amount that the hospital is assessed under 24,753
563
section 5112.06 of the Revised Code during the program year. The 24,754
department shall make the preliminary determination of each A 24,755
hospital's assessment by multiplying the rate established under 24,757
division (B) of section 5112.06 of the Revised Code THAT APPLIES 24,759
TO THAT HOSPITAL, by the hospital's total facility costs for the 24,761
hospital's most recent fiscal year ending in the calendar year 24,762
preceding the first day of July, except that:
(1) In the program year ending in 1995, the department 24,764
shall multiply the rate by the hospital's total facility costs 24,765
for the hospital's cost reporting period ending in state fiscal 24,766
year 1994;
(2) In program years ending in 1996 and thereafter, the 24,768
department shall multiply the rate by the hospital's total 24,769
facility costs for a cost-reporting period specified in rules 24,771
adopted under section 5112.03 of the Revised Code.
The department shall consult with hospitals each year when 24,773
determining the date on which it will mail the preliminary 24,774
determinations in order to minimize hospitals' cash flow 24,775
difficulties.
If no hospital submits a request for reconsideration under 24,777
division (B) of this section, the preliminary determination 24,778
constitutes the final reconciliation of each hospital's 24,779
assessment under section 5112.06 of the Revised Code. The final 24,780
reconciliation is subject to adjustments under division (D) of 24,781
this section. 24,782
(B) Not later than fourteen days after the preliminary 24,784
determinations are mailed, any hospital may submit to the 24,787
department a written request to reconsider the preliminary 24,788
determinations. The request shall be accompanied by written 24,789
materials setting forth the basis for the reconsideration. If 24,790
one or more hospitals submit a request, the department shall hold 24,791
a public hearing not later than thirty days after the preliminary 24,792
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 24,793
564
written notice of the date, time, and place of the hearing at 24,794
least ten days prior to the hearing. On the basis of the 24,795
evidence submitted to the department or presented at the public 24,796
hearing, the department shall reconsider and may adjust the 24,797
preliminary determinations. The result of the reconsideration is 24,798
the final reconciliation of the hospital's assessment under 24,799
section 5112.06 of the Revised Code. The final reconciliation is 24,800
subject to adjustments under division (D) of this section. 24,801
(C) The department shall mail to each hospital a written 24,804
notice of its assessment for the program year under the final 24,805
reconciliation. A hospital may appeal the final reconciliation 24,807
of its assessment to the court of common pleas of Franklin 24,808
county. While a judicial appeal is pending, the hospital shall 24,809
pay, in accordance with the schedules required by division (C) of 24,810
section 5112.06 of the Revised Code, any amount of its assessment 24,811
that is not in dispute into the hospital care assurance program 24,812
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 24,814
adjust the assessment rate OR RATES established in rules pursuant 24,815
to section 5112.06 of the Revised Code or adjust the amounts of 24,816
intergovernmental transfers required under section 5112.07 of the 24,817
Revised Code and, as a result of the adjustment, adjust each 24,819
hospital's assessment and intergovernmental transfer, to reflect 24,820
refinements made by the United States health care financing 24,821
administration during that program year to the limits it 24,822
prescribed under subparagraph SUBSECTION (f)(2)(A) of section 24,824
1923 of the "Social Security Act," 49 Stat. 620 (1935), 42 24,827
U.S.C.A. 1396r-4(f)(2)(A), as amended. An WHEN adjusted, THE 24,829
assessment rate OR RATES must comply with division (B) of section 24,831
5112.06 of the Revised Code. An adjusted intergovernmental 24,832
transfer must comply with division (A) of section 5112.07 of the 24,834
Revised Code. The department shall notify hospitals of 24,835
adjustments made under this division and adjust for the remainder 24,836
of the program year the installments paid by hospitals under 24,837
565
sections 5112.06 and 5112.07 of the Revised Code in accordance 24,838
with rules adopted under section 5112.03 of the Revised Code.
Sec. 5112.17. (A) As used in this section: 24,847
(1) "Federal poverty guideline" means the official poverty 24,849
guideline as revised annually by the United States secretary of 24,850
health and human services in accordance with section 673 of the 24,851
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 24,852
U.S.C.A. 9902, as amended, for a family size equal to the size of 24,853
the family of the person whose income is being determined. 24,854
(2) "Third-party payer" means any private or public entity 24,856
or program that may be liable by law or contract to make payment 24,857
to or on behalf of an individual for health care services. 24,858
"Third-party payer" does not include a hospital. 24,859
(B) Each hospital that receives payments under sections 24,861
5112.01 to 5112.21 of the Revised Code shall provide, without 24,862
charge to the individual, basic, medically necessary 24,863
hospital-level services to individuals who are residents of this 24,864
state, are not recipients of the medical assistance program, and 24,865
whose income is INCOMES ARE at or below the federal poverty 24,867
guideline, EXCEPT FOR INDIVIDUALS WHO ARE RECIPIENTS OF THE
MEDICAL ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH 24,868
CARE PROGRAM AND INDIVIDUALS WHO ARE ELIGIBLE FOR THE MEDICAL 24,869
ASSISTANCE PROGRAM OR ANOTHER STATE OR FEDERAL HEALTH CARE 24,870
PROGRAM BUT ARE NOT RECIPIENTS BECAUSE THEY HAVE NOT APPLIED. 24,871
Recipients of disability assistance under Chapter 5115. of the 24,872
Revised Code qualify for services under this section. The 24,873
department of human services shall adopt rules under section 24,874
5112.03 of the Revised Code specifying the hospital services to 24,875
be provided under this section. 24,876
(C) Hospitals may bill any third-party payer for services 24,878
rendered under this section. Hospitals may bill the medical 24,879
assistance program, in accordance with Chapter 5111. of the 24,880
Revised Code and the rules adopted under that chapter, for 24,881
services rendered under this section if the individual becomes a 24,882
566
recipient of the program. Hospitals may bill individuals for 24,883
services under this section if all of the following apply: 24,884
(1) The hospital has an established post-billing procedure 24,886
for determining the individual's income and canceling the charges 24,887
if the individual is found to qualify for services under this 24,888
section. 24,889
(2) The initial bill, and at least the first follow-up 24,891
bill, is accompanied by a written statement that does all of the 24,892
following: 24,893
(a) Explains that individuals with income at or below the 24,895
federal poverty guideline are eligible for services without 24,896
charge; 24,897
(b) Specifies the federal poverty guideline for 24,899
individuals and families of various sizes at the time the bill is 24,900
sent; 24,901
(c) Describes the procedure required by division (C)(1) of 24,903
this section. 24,904
(3) The hospital complies with any additional rules the 24,906
department adopts under section 5112.03 of the Revised Code. 24,907
Notwithstanding division (B) of this section, a hospital 24,909
providing care to an individual under this section is subrogated 24,910
to the rights of any individual to receive compensation or 24,911
benefits from any person or governmental entity for the hospital 24,912
goods and services rendered. 24,913
(D) Each hospital shall collect and report to the 24,915
department, in the form and manner prescribed by the department, 24,916
information on the number and identity of patients served 24,917
pursuant to this section. 24,918
(E) This section applies beginning May 22, 1992, 24,920
regardless of whether the department has adopted rules specifying 24,921
the services to be provided. Nothing in this section alters the 24,922
scope or limits the obligation of any governmental entity or 24,923
program, including the program awarding reparations to victims of 24,924
crime under sections 2743.51 to 2743.72 of the Revised Code and 24,925
567
the program for medically handicapped children established under 24,927
section 3701.023 of the Revised Code, to pay for hospital 24,928
services in accordance with state or local law. 24,929
Sec. 5115.01. (A) There is hereby established the 24,938
disability assistance program. Except as provided in division 24,939
(D) of this section, a disability assistance recipient shall 24,941
receive financial assistance. Except as provided in section 24,942
5115.11 of the Revised Code, a disability assistance recipient 24,943
also shall receive disability assistance medical assistance. 24,944
Except as provided by division (B) of this section, a 24,946
person who meets all of the following requirements is eligible 24,947
for disability assistance: 24,948
(1) The person is ineligible to participate in the Ohio 24,950
works first program established under Chapter 5107. of the 24,953
Revised Code and to receive supplemental security income provided 24,955
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 24,956
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 24,958
(a) Under age eighteen; 24,960
(b) Age sixty or older; 24,962
(c) Pregnant; 24,964
(d) Unable to do any substantial or gainful activity by 24,966
reason of a medically determinable physical or mental impairment 24,967
that can be expected to result in death or has lasted or can be 24,968
expected to last for not less than nine months;
(e) An active participant in A RESIDENT OF A RESIDENTIAL 24,971
TREATMENT CENTER CERTIFIED AS an alcohol or drug addiction 24,972
program certified by the department of alcohol and drug addiction 24,973
services under section 3793.06 of the Revised Code, including a 24,974
former recipient of supplemental security income who lost 24,975
eligibility for that program because of the enactment of 24,976
paragraph (b)(1) of section 105 of the "Contract With America 24,979
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 24,984
A person on a waiting list to participate in an alcohol or drug 24,986
568
addiction program, or otherwise not participating in a program 24,987
while waiting for treatment services at a program to become 24,988
available, is not an active participant. 24,989
(f) Medication dependent as determined by a physician, as 24,991
defined in section 4730.01 of the Revised Code, who has certified 24,992
to the county department of human services that the person is 24,993
receiving ongoing treatment for a chronic medical condition 24,994
requiring continuous prescription medication for an indefinite, 24,995
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 24,996
of employability lasting at least nine months. 24,997
(3) The person meets the eligibility requirements 24,999
established by the department of human services in rules adopted 25,000
under section 5115.05 of the Revised Code. 25,001
(B)(1) A person is ineligible for disability assistance if 25,003
the person is ineligible to participate in the Ohio works first 25,006
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 25,010
Code;
(b) The person's extended eligibility to participate in 25,013
the Ohio works first program made possible by the earned income 25,014
disregard established under division (D)(2) of section 5107.10 of 25,016
the Revised Code has ceased due to the limited number of months 25,017
the disregard is applied;
(c) The time limit established by section 5107.18 of the 25,020
Revised Code;
(d)(c) Failure to comply with an application or 25,022
verification procedure; 25,023
(e)(d) The fraud control program established pursuant to 25,026
45 C.F.R. 235.112, as in effect July 1, 1996. 25,027
(2) A person under age eighteen is ineligible for 25,029
disability assistance pursuant to division (B)(1)(a) of this 25,031
section only if the person caused the assistance group to be 25,032
ineligible to participate in the Ohio works first program or 25,034
569
resides with a person age eighteen or older who was a member of 25,035
the same ineligible assistance group. A person age eighteen or 25,036
older is ineligible for disability assistance pursuant to 25,037
division (B)(1)(a) of this section regardless of whether the 25,038
person caused the assistance group to be ineligible to 25,039
participate in the Ohio works first program.
(C) The county department of human services that serves 25,042
the county in which a person receiving disability assistance 25,043
pursuant to division (A)(2)(e) of this section participates in an 25,045
alcohol or drug addiction program shall designate a 25,046
representative payee for purposes of receiving and distributing 25,047
financial assistance provided under the disability assistance 25,048
program to the person.
(D) A person eligible for disability assistance pursuant 25,050
to division (A)(2)(f) of this section shall not receive financial 25,051
assistance.
(E) The department shall adopt rules in accordance with 25,053
section 111.15 of the Revised Code defining terms and 25,054
establishing standards for determining whether a person meets a 25,055
condition of disability assistance eligibility pursuant to this 25,056
section.
Sec. 5117.07. (A) On or before the first day of October, 25,065
the tax commissioner shall review all applications submitted 25,066
under division (C) of section 5117.03 of the Revised Code and 25,067
shall determine the eligibility of each applicant to receive a 25,068
credit or payment. THE TOTAL INCOME AND CURRENT TOTAL INCOME 25,069
AMOUNTS SET FORTH IN DIVISION (A) OF THIS SECTION ARE SUBJECT TO 25,070
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 25,071
(1) An applicant is eligible for a credit of thirty per 25,073
cent if the applicant is a head of household, has a total income 25,074
of five thousand dollars or less or a current total income of two 25,075
thousand five hundred dollars or less, owns and occupies or rents 25,076
and occupies a household receiving the source of energy for its 25,077
primary heating system from an energy company and such energy is 25,078
570
separately metered, and is either of the following: 25,079
(a) Sixty-five years of age or older; 25,081
(b) Permanently and totally disabled. 25,083
(2) An applicant is eligible for a credit of twenty-five 25,085
per cent if the applicant is a head of household, has a total 25,086
income of more than five thousand dollars but not more than nine 25,087
thousand dollars or a current total income of more than two 25,088
thousand five hundred dollars but not more than four thousand 25,089
five hundred dollars, is sixty-five years of age or older or 25,090
permanently and totally disabled, and owns and occupies or rents 25,091
and occupies a household receiving the source of energy for its 25,092
primary heating system from an energy company and such energy is 25,093
separately metered. 25,094
(3) An applicant is eligible for a payment if either of 25,096
the following applies to the applicant: 25,097
(a) He THE APPLICANT would be eligible for the credit 25,099
under division (A)(1) or (2) of this section but for the fact 25,101
that the source of energy for the primary heating system of the 25,102
applicant's household is not separately metered; 25,103
(b) He THE APPLICANT is a head of household, has a total 25,105
income of no more than nine thousand dollars or a current total 25,107
income of no more than four thousand five hundred dollars, is 25,108
sixty-five years of age or older or permanently and totally 25,109
disabled, and owns and occupies or rents and occupies a household 25,110
receiving the source of energy for its primary heating system 25,111
from an energy dealer.
(4) In the case of a multiple unit dwelling for which 25,113
separate metering for the source of energy for its primary 25,114
heating system is not provided, more than one applicant occupying 25,115
such dwelling may be determined eligible for a payment under 25,116
division (A)(3)(a) of this section. 25,117
(B) Notwithstanding division (A) of this section: 25,119
(1) No head of household who resides in public housing or 25,121
receives a rent subsidy from a government agency is eligible for 25,122
571
a credit or payment unless the person's rent subsidy does not 25,123
reflect the costs of his THAT PERSON'S household receiving the 25,124
source of energy for its primary heating system; 25,126
(2) A resident of a nursing home, hospital, or other 25,128
extended health care facility is not eligible for a credit or 25,129
payment for the costs of providing the source of energy for the 25,130
primary heating system of the facility. 25,131
(C) The tax commissioner shall establish a procedure 25,133
whereby he THE COMMISSIONER can verify total income and current 25,134
total income for the calendar year in which an applicant is 25,136
determined eligible for a payment or credit. If a person 25,137
receives a credit or payment that he THE PERSON is ineligible to 25,138
receive under division (A) of this section, that person shall 25,140
refund to the tax commissioner the credit or payment, or excess 25,141
portion of a credit or payment, he THAT PERSON received. The sum 25,142
refunded shall be deposited in the state treasury to the credit 25,144
of the general revenue fund.
(D) The tax commissioner may request an additional 25,146
certification of permanent and total disability for any applicant 25,147
claiming such status on an application renewal form submitted 25,148
under section 5117.03 of the Revised Code. Such certification 25,149
shall be requested from the person or agency named on the form 25,150
pursuant to division (B)(1) of section 5117.03 of the Revised 25,151
Code. If such additional certification is refused due to a 25,152
conclusion by the person or agency that the applicant is not 25,153
permanently and totally disabled, the commissioner shall 25,154
determine the applicant ineligible for any credit or payment. If 25,155
such additional certification is unavailable or refused for any 25,156
other reason, the tax commissioner may determine the applicant to 25,157
be eligible for a credit or payment provided he THE COMMISSIONER 25,158
has good cause to believe the applicant is permanently and 25,160
totally disabled.
(E) On or before the first day of October, the tax 25,162
commissioner shall notify each applicant of the disposition of 25,163
572
his THE APPLICANT'S application under divisions (A) and (B) of 25,164
this section. At the same time, he THE TAX COMMISSIONER shall 25,166
notify the applicant, regardless of whether his THE APPLICANT'S 25,168
application is approved or disapproved, that the applicant may be 25,170
eligible to participate in a state or federal weatherization 25,171
program and should contact his THE APPLICANT'S community action 25,172
agency for further information. If an application is 25,173
disapproved, the applicant may appeal to the tax commissioner for 25,174
a hearing on the matter. A notice of disapproval shall include a 25,175
detailed explanation of the applicant's right of appeal under 25,176
this chapter. Any such appeal shall be on an appeal form 25,177
prescribed by the tax commissioner and shall be filed with the 25,178
tax commissioner within twenty days of the receipt of the notice 25,179
of disapproval. 25,180
Sec. 5117.071. (A) EACH YEAR, THE TAX COMMISSIONER SHALL 25,182
ADJUST THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 25,183
FORTH IN SECTIONS 5117.07 AND 5117.09 OF THE REVISED CODE BY 25,184
COMPLETING THE FOLLOWING STEPS: 25,185
(1) DETERMINE THE PERCENTAGE INCREASE IN THE GROSS 25,187
DOMESTIC PRODUCT DEFLATOR DETERMINED BY THE BUREAU OF ECONOMIC 25,188
ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE 25,189
PRECEDING YEAR; 25,190
(2) MULTIPLY THAT PERCENTAGE INCREASE BY EACH OF THE TOTAL 25,192
INCOME AND CURRENT TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR; 25,193
(3) ADD THE RESULTING PRODUCTS TO EACH OF THE TOTAL INCOME 25,195
AND CURRENT TOTAL INCOME AMOUNTS FOR THE PRECEDING YEAR; 25,196
(4) ROUND THE RESULTING SUMS UPWARD TO THE NEAREST 25,198
MULTIPLE OF TEN DOLLARS. 25,199
THE COMMISSIONER SHALL NOT MAKE THE ADJUSTMENT IN ANY YEAR 25,201
IN WHICH THE AMOUNTS RESULTING FROM THE ADJUSTMENT WOULD BE LESS 25,202
THAN THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS FOR THE 25,203
PRECEDING YEAR. 25,204
(B) THE TAX COMMISSIONER AND EACH ENERGY COMPANY AND 25,206
ENERGY DEALER SHALL USE THE ADJUSTED TOTAL INCOME AND CURRENT 25,207
573
TOTAL INCOME AMOUNTS DETERMINED UNDER DIVISION (A) OF THIS 25,208
SECTION IN PERFORMING THEIR DUTIES UNDER SECTIONS 5117.01 TO 25,209
5117.12 OF THE REVISED CODE. 25,210
Sec. 5117.09. (A)(1) With respect to each of its 25,219
residential customers, every energy company shall, after receipt 25,220
of a certification list provided under division (A) of section 25,221
5117.08 of the Revised Code, cause the granting of a credit in 25,222
accordance with this section against the monthly billing of each 25,223
household appearing on the list except as provided in division 25,224
(A) of section 5117.08 of the Revised Code. In the case of an 25,225
applicant who has a total income of five thousand dollars or less 25,226
or a current total income of two thousand five hundred dollars or 25,227
less, the credit shall amount to thirty per cent of the current 25,228
monthly bill rendered to such household by the company for the 25,229
billing months of December, January, February, March, and April 25,230
following the receipt of a list on which the household appears. 25,231
In the case of an applicant who has a total income of more than 25,232
five thousand dollars but not more than nine thousand dollars or 25,233
a current total income of more than two thousand five hundred 25,234
dollars but not more than four thousand five hundred dollars, the 25,235
credit shall amount to twenty-five per cent of the current 25,236
monthly bill rendered to such household by the company for the 25,237
billing months of December, January, February, March, and April 25,238
following the receipt of a list on which the household appears. 25,239
If purchased power costs are incurred by an energy company during 25,240
the billing month for which a credit is provided under this 25,241
division, the credit shall also be applied to such costs, whether 25,242
or not the costs are charged to a current montly MONTHLY bill for 25,243
such months. 25,244
(2) THE TOTAL INCOME AND CURRENT TOTAL INCOME AMOUNTS SET 25,246
FORTH IN DIVISION (A)(1) OF THIS SECTION ARE SUBJECT TO 25,247
ADJUSTMENT UNDER SECTION 5117.071 OF THE REVISED CODE. 25,248
(B) Every energy company shall read the meter of each of 25,250
its qualified residential customers who may receive a credit 25,251
574
under division (A) of this section at least one time for the 25,252
service period of November and at least one time in the service 25,253
period for the current monthly bill rendered for the billing 25,254
month of April. In the event a company is unable to read a meter 25,255
because of failure to gain access after a good faith effort or 25,256
because a certification list was supplied to the utility fewer 25,257
than thirty days prior to the normal date of meter reading, the 25,258
company may render a calculated bill. In such instances the 25,259
company shall make an adjustment to the amount of the credit 25,260
granted to the customer based upon the next actual reading of the 25,261
meter if the reading shows the previous calculation to have been 25,262
in error and set forth the amount of such adjustments in the 25,263
report required to be filed with the tax commissioner under 25,264
division (D) of this section. 25,265
(C) On each billing that is subject to a credit under 25,267
division (A) of this section, there shall appear in ten-point 25,268
type both the amount of the credit and to the left of such amount 25,269
"Ohio Energy Credit." 25,270
(D) On or before the fifteenth day of each month following 25,272
one in which credits were provided under division (A) of this 25,273
section, each energy company shall, on a form prescribed by the 25,274
tax commissioner and requesting information that he THE 25,275
COMMISSIONER determines is necessary for the purpose of verifying 25,277
the propriety of the payment of credits, certify to the 25,278
commissioner the total amount of all credits it granted pursuant 25,279
to division (A) of this section during the preceding month. Not 25,280
later than thirty days after his receipt of such certification, 25,281
the commissioner shall pay the company the amount certified. If 25,282
the commissioner determines that a company previously received 25,283
amounts greater than the amounts of credits properly granted, 25,284
such company, upon notice from the commissioner, shall reimburse 25,285
the commissioner in the amount of the overpayments. Such 25,286
reimbursements shall be deposited in the general revenue fund. 25,287
(E)(1) Any energy company that purposely fails to grant 25,289
575
the credit provided under division (A) of this section is liable 25,290
to each person entitled to the credit and certified to the 25,291
company by the tax commissioner pursuant to division (A) of 25,292
section 5117.08 of the Revised Code in treble the amount of the 25,293
total credit not granted. The consumers' counsel may, on behalf 25,294
of any person or persons not granted the credit, bring an action 25,295
to recover such treble damages in the court of common pleas of 25,296
the county in which is located the office of the company nearest 25,297
the household of any such person or persons. The consumers' 25,298
counsel may also, on behalf of any persons not granted the 25,299
credit, bring a class action to recover such treble damages in 25,300
the court of common pleas of any county in which is located an 25,301
office of the company and, if feasible, in which is located a 25,302
significant number of members of the class. Any treble damage 25,303
recovery under this division does not, in any manner, diminish 25,304
any other liability provided under sections 5117.01 to 5117.12 of 25,305
the Revised Code. Clerical errors shall not be considered an 25,306
offense or incur liability under this division. 25,307
(2) An action shall be brought by the consumers' counsel 25,309
under division (E)(1) of this section only after he THE 25,310
CONSUMERS' COUNSEL has made a good faith attempt to dispose of 25,312
the claim by settlement, including a good faith request for only 25,313
such information in the possession of an energy company as is 25,314
needed to determine the existence or extent of such a right of 25,315
action.
(3) Nothing in division (E)(1) of this section shall be 25,317
construed to prevent persons acting without the assistance of the 25,318
consumers' counsel from bringing an action or class action under 25,319
such division. 25,320
Sec. 5119.16. The EXCEPT AS OTHERWISE PROVIDED IN DIVISION 25,329
(G) OF THIS SECTION, THE department of mental health is hereby 25,330
designated to provide certain goods and services for the 25,331
department of mental health, the department of mental retardation 25,332
and developmental disabilities, the department of rehabilitation 25,333
576
and correction, the department of youth services, and other 25,334
state, county, or municipal agencies requesting such THESE goods 25,335
and services when the department of mental health determines that 25,337
it is in the public interest, and considers it advisable, to 25,338
provide these goods and services. The department of mental 25,339
health also may provide goods and services to agencies operated 25,340
by the United States government and to public or private 25,341
nonprofit agencies funded in whole or in part by the state if the 25,342
public or private nonprofit agencies are designated for 25,343
participation in this program by the director of mental health 25,344
for community mental health agencies, the director of mental 25,345
retardation and developmental disabilities for community mental 25,346
retardation and developmental disabilities agencies, the director 25,347
of rehabilitation and correction for community rehabilitation and 25,348
correction agencies, or the director of youth services for 25,349
community youth services agencies. The director of aging may 25,350
designate for participation community agencies holding a contract 25,351
with an area agency on aging established under the "Older 25,352
Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. 25,353
Designated community agencies shall receive goods and services 25,354
through the department of mental health only in those cases where 25,355
the designating state agency certifies that providing such THE 25,356
goods and services to the agency will conserve public resources 25,358
to the benefit of the public and where the provision of such THE 25,359
goods and services is considered feasible by the department of 25,361
mental health. 25,362
Purchases of goods or services under this section are not 25,364
subject to section 307.86 of the Revised Code. 25,365
(A) The goods and services to be provided by the 25,367
department of mental health may include THE FOLLOWING: 25,368
(1) Procurement, storage, processing, and distribution of 25,370
food and professional consultation on food operations; 25,371
(2) Procurement, storage, and distribution of medical and 25,373
laboratory supplies, dental supplies, medical records, forms, 25,374
577
optical supplies, and sundries, subject to section 5120.135 of 25,376
the Revised Code;
(3) Procurement, storage, repackaging, distribution, and 25,378
dispensing of drugs, the provision of professional pharmacy 25,379
consultation, and drug information services; 25,380
(4) Other goods and services as may be agreed to. 25,382
(B) The department of mental health shall provide the 25,384
goods and services designated in division (A) of this section to 25,385
its institutions and to state-operated community-based mental 25,386
health services. 25,387
(C) After consultation with and advice from the director 25,389
of mental retardation and developmental disabilities, the 25,390
director of rehabilitation and correction, and the director of 25,391
youth services AND EXCEPT AS OTHERWISE PROVIDED IN DIVISION (G) 25,392
OF THIS SECTION, the department of mental health shall provide 25,393
the goods and services designated in division (A) of this section 25,394
to the department of mental retardation and developmental 25,395
disabilities, the department of rehabilitation and correction, 25,396
and the department of youth services. 25,397
(D) The cost of administration of this section shall be 25,399
determined by the department of mental health and paid by the 25,400
agencies receiving the goods and services to the department for 25,401
deposit in the state treasury to the credit of the mental health 25,402
fund, which is hereby created. The fund shall be used to pay the 25,403
cost of administration of this section to the department. 25,404
(E) If the goods or services designated in division (A) of 25,406
this section are not provided in a satisfactory manner by the 25,407
department of mental health, the director of mental retardation 25,408
and developmental disabilities, the director of rehabilitation 25,409
and correction, the director of youth services, or the managing 25,410
officer of a department of mental health institution shall 25,411
attempt to resolve unsatisfactory service with the director of 25,412
mental health. If, after such THE attempt, the provision of 25,413
goods or services continues to be unsatisfactory, the director or 25,415
578
officer shall notify the director of mental health. If within 25,416
thirty days of such AFTER THE notice the department of mental 25,417
health does not provide the specified goods and services in a 25,419
satisfactory manner, the director of mental retardation and 25,420
developmental disabilities, the director of rehabilitation and 25,421
correction, the director of youth services, or the managing 25,422
officer of the department of mental health institution shall 25,423
notify the director of mental health of the director's or 25,424
managing officer's intent to cease purchasing goods and services 25,426
from the department. Following a sixty-day cancellation period 25,427
from the date of such THAT notice, the department of mental 25,429
retardation, department of rehabilitation and correction, 25,430
department of youth services, or the department of mental health 25,431
institution may obtain the goods and services from a source other 25,432
than the department of mental health, if the department certifies 25,433
to the department of administrative services that the 25,434
requirements of this division have been met. 25,435
(F) Whenever a state agency fails to make a payment for 25,437
goods and services provided under this section within thirty-one 25,438
days after the date the payment was due, the office of budget and 25,439
management may transfer moneys from the state agency to the 25,440
department of mental health. The amount transferred shall not 25,441
exceed the amount of overdue payments. Prior to making a 25,442
transfer under this division, the office of budget and management 25,443
shall apply any credits the state agency has accumulated in 25,444
payments for goods and services provided under this section. 25,445
(G) THIS SECTION DOES NOT APPLY TO OR AFFECT PURCHASES OF 25,447
SUPPLIES OR SERVICES BY THE DEPARTMENT OF REHABILITATION AND 25,448
CORRECTION FOR THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 25,449
PROVIDED IN DIVISION (B) OF SECTION 5145.19 OF THE REVISED CODE. 25,450
Sec. 5119.61. Any provision in this chapter that refers to 25,459
a board of alcohol, drug addiction, and mental health services 25,460
also refers to the community mental health board in an alcohol, 25,461
drug addiction, and mental health service district that has a 25,462
579
community mental health board. 25,463
The director of mental health with respect to all 25,465
facilities and programs established and operated under Chapter 25,466
340. of the Revised Code for mentally ill and emotionally 25,467
disturbed persons, shall: 25,468
(A) Make such rules pursuant to Chapter 119. of the 25,470
Revised Code as may be necessary to carry out the purposes of 25,471
Chapter 340. and sections 5119.61 to 5119.63 of the Revised 25,473
Code;, INCLUDING THE FOLLOWING RULES:
(1) RULES GOVERNING A COMMUNITY MENTAL HEALTH AGENCY'S 25,475
SERVICES UNDER DIVISION (A)(14) OF SECTION 340.03 OF THE REVISED 25,476
CODE TO AN INDIVIDUAL WHO APPLIES FOR RESIDENTIAL STATE 25,478
SUPPLEMENTAL PAYMENTS UNDER SECTION 173.35 OF THE REVISED CODE 25,479
AND IS REFERRED TO A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL 25,480
HEALTH SERVICES UNDER DIVISION (D) OF THAT SECTION; 25,481
(2) RULES ESTABLISHING GUIDELINES FOR AFFILIATION 25,483
AGREEMENTS ENTERED UNDER DIVISION (A)(15) OF SECTION 340.03 OF 25,484
THE REVISED CODE; 25,485
(3) RULES GOVERNING A BOARD OF ALCOHOL, DRUG ADDICTION, 25,487
AND MENTAL HEALTH SERVICES WHEN MAKING A REPORT UNDER SECTION 25,488
3722.17 OF THE REVISED CODE REGARDING THE QUALITY OF CARE AND 25,489
SERVICES PROVIDED BY AN ADULT CARE FACILITY TO A PERSON WITH 25,490
MENTAL ILLNESS OR A SEVERE MENTAL DISABILITY. 25,491
(B) Adopt rules requiring each public or private agency 25,493
providing mental health services or facilities under a contract 25,494
with a board of alcohol, drug addiction, and mental health 25,495
services and any program operated by such a board to have a 25,496
written policy that addresses the rights of clients including: 25,497
(1) The right to a copy of the agency's policy of client 25,499
rights; 25,500
(2) The right at all times to be treated with 25,502
consideration and respect for his THE CLIENT'S privacy and 25,503
dignity; 25,504
(3) The right to have access to his THE CLIENT'S own 25,506
580
psychiatric, medical, or other treatment records unless access is 25,507
specifically restricted in the client's treatment plan for clear 25,508
treatment reasons; 25,509
(4) The right to have a client rights officer provided by 25,511
the board or agency advise him THE CLIENT of his THE CLIENT'S 25,513
rights, including his THE CLIENT'S rights under Chapter 5122. of 25,514
the Revised Code if he THE CLIENT is committed to the board or 25,515
agency.
(C) Require each board of alcohol, drug addiction, and 25,517
mental health services to ensure that each contract agency 25,518
establishes grievance procedures available to all recipients of 25,519
services or applicants for services; 25,520
(D) Define minimum standards for qualifications of 25,522
personnel, professional services, and mental health 25,523
professionals, as that term is defined in section 340.02 of the 25,524
Revised Code; 25,525
(E) Review and evaluate, and, taking into account the 25,527
findings and recommendations of the board of alcohol, drug 25,528
addiction, and mental health services of the district served by 25,529
the program and the requirements and priorities of the state 25,530
mental health plan, including the needs of residents of the 25,531
district now residing in state mental institutions, approve and 25,532
allocate funds to support community programs, and make 25,533
recommendations for needed improvements to boards of alcohol, 25,534
drug addiction, and mental health services; 25,535
(F) Withhold state and federal funds for any program, in 25,537
whole or in part, from a board of alcohol, drug addiction, and 25,538
mental health services in the event of failure of that program to 25,539
comply with Chapter 340. or section 5119.61 or 5119.62 of the 25,540
Revised Code or rules of the department of mental health. The 25,541
director shall identify the areas of noncompliance and the action 25,542
necessary to achieve compliance. The director shall offer 25,543
technical assistance to the board to achieve compliance. The 25,544
director shall give the board a reasonable time within which to 25,545
581
comply or to present its position that it is in compliance. 25,546
Before withholding funds, a hearing shall be conducted to 25,547
determine if there are continuing violations and that either 25,548
assistance is rejected or the board is unable to achieve 25,549
compliance. Subsequent to the hearing process, if it is 25,550
determined that compliance has not been achieved, the director 25,551
may allocate all or part of the withheld funds to a public or 25,552
private agency, to provide the services not in compliance, until 25,553
such time as there is compliance. The director shall establish 25,554
rules pursuant to Chapter 119. of the Revised Code to implement 25,555
this division. 25,556
(G) Withhold state or federal funds from a board of 25,558
alcohol, drug addiction, and mental health services that denies 25,559
available service on the basis of religion, race, color, creed, 25,560
sex, national origin, age, physical or mental handicap, 25,561
developmental disability, or the inability to pay; 25,562
(H) Provide consultative services to community mental 25,564
health programs, with the knowledge and cooperation of the board 25,565
of alcohol, drug addiction, and mental health services; 25,566
(I) Provide to boards of alcohol, drug addiction, and 25,568
mental health services state or federal funds, in addition to 25,569
those allocated under section 5119.62 of the Revised Code, for 25,570
special programs or projects the director considers necessary, 25,571
but for which local funds are not available; 25,572
(J) Establish criteria by which a board of alcohol, drug 25,574
addiction, and mental health services reviews and evaluates the 25,575
quality, effectiveness, and efficiency of services provided 25,576
through its community mental health plan. The department shall 25,577
assess a board's evaluation of services and the compliance of 25,578
each board with this section, Chapter 340., or section 5119.62 of 25,579
the Revised Code and other state or federal law and regulations. 25,580
The department, in cooperation with the board, periodically shall 25,581
review and evaluate the quality, effectiveness, and efficiency of 25,582
services provided through each board. The department shall 25,583
582
collect such information as is necessary to perform these 25,584
functions. 25,585
(K) Develop and operate a community mental health 25,587
information system. 25,588
Boards of alcohol, drug abuse, and mental health services 25,590
shall submit information requested by the department in the form 25,591
and manner prescribed by the department. Information collected 25,592
by the department shall include but not be limited to: 25,593
(1) Information regarding units of services provided in 25,595
whole or in part under contract with a board, including diagnosis 25,596
and special needs, demographic information, the number of units 25,597
of service provided, past treatment, financial status, and 25,598
service dates in accordance with rules adopted by the department 25,599
in accordance with Chapter 119. of the Revised Code; 25,600
(2) Financial information other than price or 25,602
price-related data regarding expenditures of boards and community 25,603
mental health agencies, including units of service provided, 25,604
budgeted and actual expenses by type, and sources of funds. 25,605
Boards shall submit the information specified in division 25,607
(K)(1) of this section no less frequently than annually for each 25,608
client, and each time the client's case is opened or closed. The 25,609
department shall not collect any information for the purpose of 25,610
identifying by name any person who receives a service through a 25,611
board of alcohol, drug addiction, and mental health services, 25,612
except as required by state or federal law to validate 25,613
appropriate reimbursement. For the purposes of division (K)(1) 25,614
of this section, the department shall use an identification 25,615
system that is consistent with applicable nationally recognized 25,616
standards. 25,617
(L) Review each board's plan submitted pursuant to section 25,619
340.03 of the Revised Code and approve or disapprove it in whole 25,620
or in part. Periodically, in consultation with representatives 25,621
of boards and after considering the recommendations of the 25,622
medical director, the director shall issue criteria for 25,623
583
determining when a plan is complete, criteria for plan approval 25,624
or disapproval, and provisions for conditional approval. The 25,625
factors that the director considers may include, but are not 25,626
limited to, the following: 25,627
(1) The mental health needs of all persons residing within 25,629
the board's service district, especially severely mentally 25,630
disabled children, adolescents, and adults; 25,631
(2) The demonstrated quality, effectiveness, efficiency, 25,633
and cultural relevance of the services provided in each service 25,634
district, the extent to which any services are duplicative of 25,635
other available services, and whether the services meet the needs 25,636
identified above; 25,637
(3) The adequacy of the board's accounting for the 25,639
expenditure of funds. 25,640
If the director disapproves all or part of any plan, he THE 25,642
DIRECTOR shall provide the board an opportunity to present its 25,643
position. The director shall inform the board of the reasons for 25,644
the disapproval and of the criteria that must be met before the 25,645
plan may be approved. The director shall give the board a 25,646
reasonable time within which to meet the criteria, and shall 25,647
offer technical assistance to the board to help it meet the 25,648
criteria.
If the approval of a plan remains in dispute thirty days 25,650
prior to the conclusion of the fiscal year in which the board's 25,651
current plan is scheduled to expire, the board or the director 25,652
may request that the dispute be submitted to a mutually agreed 25,653
upon third-party mediator with the cost to be shared by the board 25,654
and the department. The mediator shall issue to the board and 25,655
the department recommendations for resolution of the dispute. 25,656
Prior to the conclusion of the fiscal year in which the current 25,657
plan is scheduled to expire, the director, taking into 25,658
consideration the recommendations of the mediator, shall make a 25,659
final determination and approve or disapprove the plan, in whole 25,660
or in part. 25,661
584
(M) Visit and evaluate any community mental health 25,663
program, agency, or facility, in cooperation with a board of 25,664
alcohol, drug addiction, and mental health services, to determine 25,665
if the services meet minimum standards pursuant to division (G) 25,666
of section 5119.01 of the Revised Code. If the director 25,667
determines that the services meet minimum standards, he THE 25,668
DIRECTOR shall so certify. 25,669
If the director determines that the services of any 25,671
program, agency, or facility that has a contract with a board do 25,672
not meet minimum standards, he THE DIRECTOR shall identify the 25,673
areas of noncompliance, specify what action is necessary to meet 25,675
the standards, and offer technical assistance to the board so 25,676
that it may assist the program, agency, or facility to meet 25,677
minimum standards. The director shall give the board a 25,678
reasonable time within which to demonstrate that the services 25,679
meet minimum standards or to bring the program or facility into 25,680
compliance with the standards. If the director concludes that 25,681
the services continue to fail to meet minimum standards, the 25,682
director may request that the board reallocate the funds for 25,683
those services to another program, agency, or facility which 25,684
meets minimum standards. If the board does not reallocate those 25,685
funds in a reasonable period of time, the director may withhold 25,686
state and federal funds for the services and allocate those funds 25,687
directly to a public or private agency that meets minimum 25,688
standards.
Each program, agency, and facility shall pay a fee for the 25,690
certification review required by this division. Fees shall be 25,691
paid into the sale of goods and services fund created pursuant to 25,692
section 5119.161 of the Revised Code. 25,693
The director shall adopt rules under Chapter 119. of the 25,695
Revised Code to implement this division. The rules shall do all 25,696
of the following: 25,697
(1) Establish the process for certification of services of 25,699
programs, agencies, or facilities; 25,700
585
(2) Set the amount of certification review fees based on a 25,702
portion of the cost of performing the review; 25,703
(3) Specify the type of notice and hearing to be provided 25,705
prior to a decision whether to reallocate funds. 25,706
Sec. 5123.60. (A) A legal rights service is hereby 25,715
created and established to protect and advocate the rights of 25,716
mentally ill persons, mentally retarded persons, developmentally 25,717
disabled persons, and other disabled persons who may be 25,718
represented by the service pursuant to division (L) of this 25,719
section; to receive and act upon complaints concerning 25,720
institutional and hospital practices and conditions of 25,721
institutions for mentally retarded or developmentally disabled 25,722
persons and hospitals for the mentally ill; and to assure that 25,723
all persons detained, hospitalized, discharged, or 25,724
institutionalized, and all persons whose detention, 25,725
hospitalization, discharge, or institutionalization is sought or 25,726
has been sought under this chapter or Chapter 5122. of the 25,727
Revised Code are fully informed of their rights and adequately 25,728
represented by counsel in proceedings under this chapter or 25,729
Chapter 5122. of the Revised Code and in any proceedings to 25,730
secure the rights of such persons. Notwithstanding the 25,731
definitions of "mentally retarded person" and "developmentally 25,732
disabled person" in section 5123.01 of the Revised Code, the 25,733
legal rights service shall determine who is a mentally retarded 25,734
or developmentally disabled person for purposes of this section 25,735
and sections 5123.601 to 5123.604 of the Revised Code. 25,736
(B) In regard to those persons detained, hospitalized, or 25,738
institutionalized under Chapter 5122. of the Revised Code, the 25,739
legal rights service shall undertake formal representation only 25,740
of those persons who are involuntarily detained, hospitalized, or 25,741
institutionalized pursuant to sections 5122.10 to 5122.15 of the 25,742
Revised Code, and those voluntarily detained, hospitalized, or 25,743
institutionalized who are minors, who have been adjudicated 25,744
incompetent, who have been detained, hospitalized, or 25,745
586
institutionalized in a public hospital, or who have requested 25,746
representation by the legal rights service. If a person referred 25,747
to in division (A) of this section voluntarily requests in 25,748
writing that the legal rights service terminate participation in 25,749
his THE PERSON'S case, such involvement shall cease. 25,750
(C) Any person voluntarily hospitalized or 25,752
institutionalized in a public hospital under division (A) of 25,753
section 5122.02 of the Revised Code, after being fully informed 25,754
of his THE PERSON'S rights pursuant to division (A) of this 25,755
section, may, by written request, waive assistance by the legal 25,757
rights service if the waiver is knowingly and intelligently made, 25,758
without duress or coercion. 25,759
The waiver may be rescinded at any time by the voluntary 25,761
patient or resident, or by his THE VOLUNTARY PATIENT'S OR 25,762
RESIDENT'S legal guardian. 25,763
(D) The legal rights service commission is hereby created 25,765
for the purposes of appointing an administrator of the legal 25,766
rights service, advising the administrator, assisting the 25,767
administrator in developing a budget, and establishing general 25,768
policy guidelines for the legal rights service. The commission 25,769
may receive and act upon appeals of personnel decisions by the 25,770
administrator. 25,771
The commission shall consist of seven members. One member, 25,773
who shall serve as chairman CHAIRPERSON, shall be appointed by 25,774
the chief justice of the supreme court, three members shall be 25,776
appointed by the speaker of the house of representatives, and 25,777
three members shall be appointed by the president of the senate. 25,778
At least two members shall have experience in the field of 25,779
developmental disabilities and at least two members shall have 25,780
experience in the field of mental health. No member shall be a 25,781
provider or related to a provider of services to mentally 25,782
retarded, developmentally disabled, or mentally ill persons. 25,783
Terms of office shall be for three years, each term ending on the 25,784
same day of the month of the year as did the term which it 25,785
587
succeeds. Each member shall serve subsequent to the expiration 25,786
of his THE MEMBER'S term until his A successor is appointed and 25,788
qualifies, or until sixty days has elapsed, whichever occurs 25,789
first. All vacancies shall be filled in the manner prescribed 25,790
for the regular appointments to the commission and shall be 25,791
limited to the unexpired terms. No member shall serve more than 25,792
two consecutive terms. 25,793
The commission shall meet at least four times each year. 25,795
Members shall be reimbursed for their necessary and actual 25,796
expenses incurred in the performance of their official duties. 25,797
The administrator of the legal rights service shall be 25,799
appointed for a five-year term, subject to removal for mental or 25,800
physical incapacity to perform the duties of the office, 25,801
conviction of violation of any law relating to his THE 25,802
ADMINISTRATOR'S powers and duties, or other good cause shown. 25,804
The administrator shall be a person who has had special 25,806
training and experience in the type of work with which the legal 25,807
rights service is charged. If the administrator is not an 25,808
attorney, he THE ADMINISTRATOR shall seek legal counsel when 25,809
appropriate. The salary of the administrator shall be 25,811
established in accordance with section 124.14 of the Revised 25,812
Code.
(E) The legal rights service shall be completely 25,814
independent of the department of mental health and the department 25,815
of mental retardation and developmental disabilities and, 25,816
notwithstanding section 109.02 of the Revised Code, shall also be 25,817
independent of the office of the attorney general. The 25,818
administrator of the legal rights service, staff, and attorneys 25,819
designated by him THE ADMINISTRATOR to represent persons 25,820
detained, hospitalized, or institutionalized under this chapter 25,823
or Chapter 5122. of the Revised Code shall have ready access: 25,824
(1) During normal business hours and at other reasonable 25,826
times, to all records relating to expenditures of state and 25,827
federal funds or to the commitment, care, treatment, and 25,828
588
habilitation of all persons represented by the legal rights 25,829
service, including those who may be represented pursuant to 25,830
division (L) of this section, or persons detained, hospitalized, 25,831
institutionalized, or receiving services under this chapter or 25,832
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are 25,833
records maintained by the following entities providing services 25,834
for those persons: departments; institutions; hospitals; 25,835
community residential facilities; boards of alcohol, drug 25,836
addiction, and mental health services; county boards of mental
retardation and developmental disabilities; contract agencies of 25,837
those boards; and any other entity providing services to persons 25,838
who may be represented by the service pursuant to division (L) of 25,839
this section;
(2) To any records maintained in computerized data banks 25,841
of the departments or boards or, in the case of persons who may 25,842
be represented by the service pursuant to division (L) of this 25,843
section, any other entity that provides services to those 25,844
persons;
(3) During their normal working hours, to personnel of the 25,846
departments, facilities, boards, agencies, institutions, 25,848
hospitals and other service providing entities;
(4) At any time, to all persons detained, hospitalized, OR 25,850
institutionalized; persons receiving services under this chapter 25,851
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 25,852
persons who may be represented by the service pursuant to 25,853
division (L) of this section.
(F) The administrator of the legal rights service shall: 25,855
(1) Administer and organize the work of the legal rights 25,857
service and establish administrative or geographic divisions as 25,858
he THE ADMINISTRATOR considers necessary, proper, and expedient; 25,859
(2) Adopt and promulgate rules and prescribe duties for 25,861
the efficient conduct of the business and general administration 25,862
of the legal rights service; 25,863
(3) Appoint and discharge employees, and hire such 25,865
589
experts, consultants, advisors, or other professionally qualified 25,866
persons as he THE ADMINISTRATOR considers necessary to carry out 25,867
the duties of the legal rights service; 25,869
(4) Apply for and accept grants of funds, and accept 25,871
charitable gifts and bequests; 25,872
(5) Prepare and submit a budget to the general assembly 25,874
for the operation of the legal rights service; 25,875
(6) Enter into contracts and make such expenditures as are 25,877
necessary for the efficient operation of the legal rights 25,878
service; 25,879
(7) Annually prepare a report of activities and submit 25,881
copies of the report to the governor, the chief justice of the 25,882
supreme court, the president of the senate, the speaker of the 25,883
house of representatives, the director of mental health, and the 25,884
director of mental retardation and developmental disabilities, 25,885
and make the report available to the public. 25,886
(G) The legal rights service may act directly or contract 25,888
with other organizations or individuals for the provision of the 25,889
services envisioned under this section. Whenever possible, the 25,890
administrator shall attempt to facilitate the resolution of 25,891
complaints through administrative channels. The administrator 25,892
may, when IF attempts at administrative resolution prove 25,893
unsatisfactory, initiate actions in mandamus and such other THE 25,894
ADMINISTRATOR MAY PURSUE ANY legal, ADMINISTRATIVE, and equitable 25,896
OTHER APPROPRIATE remedies as OR APPROACHES THAT may be necessary 25,897
to accomplish the purposes of this section. Relationships 25,898
between personnel and the agents of the legal rights service and 25,900
its clients shall be fiduciary relationships, and all 25,901
communications shall be confidential, as if between attorney and 25,902
client.
(H) The legal rights service, on the order of the 25,904
administrator, with the approval of the commission, may compel by 25,905
subpoena the appearance and sworn testimony of any person the 25,906
administrator reasonably believes may be able to provide 25,907
590
information or to produce any documents, books, records, papers, 25,908
or other information necessary to carry out its duties. 25,909
(I) The legal rights service may conduct public hearings. 25,911
(J) The legal rights service may request from any 25,913
governmental agency any cooperation, assistance, services, or 25,914
data that will enable it to perform its duties. 25,915
(K) In any malpractice action filed against the 25,917
administrator of the legal rights service, a member of the staff 25,918
of the legal rights service, or an attorney designated by the 25,919
administrator to perform legal services under division (E) of 25,920
this section, the state shall, when the administrator, member, or 25,921
attorney has acted in good faith and in the scope of his 25,922
employment, indemnify the administrator, member, or attorney for 25,923
any judgment awarded or amount negotiated in settlement, and for 25,924
any court costs or legal fees incurred in defense of the claim. 25,925
This division does not limit or waive, and shall not be 25,927
construed to limit or waive, any defense that is available to the 25,928
legal rights service, its administrator or employees, persons 25,929
under a personal services contract with it, or persons designated 25,930
under division (E) of this section, including, but not limited 25,931
to, any defense available under section 9.86 of the Revised Code. 25,932
(L) In addition to providing services to mentally ill, 25,934
mentally retarded, or developmentally disabled persons, when a 25,935
grant authorizing the provision of services to other individuals 25,936
is accepted pursuant to division (F)(4) of this section, the 25,937
legal rights service and its ombudsman OMBUDSPERSON section may 25,938
provide advocacy or ombudsman OMBUDSPERSON services to those 25,940
other individuals and exercise any other authority granted by 25,942
this section or sections 5123.601 to 5123.604 of the Revised Code 25,943
on behalf of those individuals. Determinations of whether an 25,944
individual is eligible for services under this division shall be 25,945
made by the legal rights service. 25,946
Sec. 5139.27. The department of youth services shall adopt 25,955
rules prescribing the minimum standards of construction for a 25,956
591
school, forestry camp, or other facility established under 25,957
section 2151.65 of the Revised Code for which financial 25,958
assistance may be granted to assist in defraying the cost of the 25,959
construction of such THE school, forestry camp, or other 25,960
facility. If an application for such THAT financial assistance 25,962
is filed with the department under section 2151.651 of the 25,964
Revised Code, and the department finds that the application is in 25,965
proper form and the specifications for the construction of such 25,966
THE school, forestry camp, or other facility meet the minimum 25,967
standards set forth in the rules adopted by the department, the 25,968
department may, from moneys available to it for granting 25,969
financial assistance for the construction of schools, forestry 25,970
camps, or other facilities established under section 2151.65 of 25,971
the Revised Code, grant financial assistance to the county making 25,972
such THE application, subject to the approval of the controlling 25,973
board, in an amount not to exceed one-half of the county's share 25,974
of the cost of construction of such THE school, forestry camp, or 25,975
other facility but not to exceed six thousand five hundred 25,977
dollars for each bed unit provided for in such THE school, 25,978
forestry camp, or other facility. No financial assistance shall 25,980
be granted for the construction of any school, forestry camp, or 25,981
other facility designed to accommodate more than one hundred 25,982
fifty children at any one time. As used in this section, 25,983
"construction" means the building and the initial equipping of 25,984
new structures and, to the extent provided for in rules adopted 25,985
by the department, the acquisition, remodeling, and initial 25,986
equipping of existing structures, excluding architect's fees and 25,987
the cost of land acquisition.
A county that receives financial assistance under this 25,989
section shall not be obligated to repay such THE assistance to 25,990
the state unless the school, forestry camp, or other facility for 25,992
which such THE assistance is granted is used within the ten-year 25,993
period immediately following its establishment for other than the 25,994
purpose of rehabilitating children between the ages of twelve to 25,995
592
eighteen years, other than psychotic or mentally retarded 25,996
children, who are designated delinquent, as defined in section 25,997
2151.02 of the Revised Code, or unruly, as defined in section 25,998
2151.022 of the Revised Code, by order of a juvenile court. If 25,999
the department of youth services finds that such THE school, 26,000
forestry camp, or other facility is used for other than such THAT 26,002
purpose within such THAT ten-year period, such THE county shall 26,004
be obligated to repay such THE assistance to the state and, 26,005
through its board of county commissioners, may enter into an 26,006
agreement with the director of budget and management for the 26,007
discharge of such THAT obligation over a period not to exceed ten 26,008
years in duration. Whenever a county is obligated to repay such 26,009
THAT assistance to the state and its board of county 26,011
commissioners fails to enter into or fails to comply with an 26,012
agreement for the discharge of such THAT obligation, the tax 26,014
commissioner, pursuant to section 5747.54 of the Revised Code, 26,015
shall withhold from distribution to such THE county from the 26,017
local government fund an amount sufficient to discharge such THE 26,018
county from such THAT obligation to the state. 26,019
Sec. 5139.271. Subject to the approval of the controlling 26,028
board, the department of youth services may grant and pay 26,029
financial assistance to defray the county's share of the cost of 26,030
acquiring or constructing a district detention home, established 26,031
under section 2151.34 of the Revised Code, to any county making 26,032
application under section 2151.3416 of the Revised Code if the 26,033
department finds that the application was made in accordance with 26,034
its rules and the home or the specifications for the home meet 26,035
minimum standards established by the department. No financial 26,036
assistance shall be granted for defraying the cost of architects' 26,037
fees or land. 26,038
The department shall adopt rules prescribing the minimum 26,040
standards of construction and condition of existing structures, 26,041
established under section 2151.34 of the Revised Code, for which 26,042
financial assistance is granted under this section. The 26,043
593
department may recommend programs of education and training and 26,044
the qualifications desired for personnel of a district detention 26,045
home. 26,046
The amount of financial assistance granted to any county 26,048
shall not exceed one-half of the county's share of the cost of 26,049
acquisition or construction of the home. The total of all state 26,050
assistance for any home shall not exceed six thousand five 26,051
hundred dollars for each bed unit provided for in such THE home. 26,052
No financial assistance shall be granted for the construction of 26,054
a home designed to accommodate more than one hundred fifty 26,055
children at any one time. 26,056
A county which receives financial assistance under this 26,058
section shall repay such THE assistance to the state if the home 26,059
for which such THE assistance is granted is used within the 26,061
ten-year period immediately following its establishment for 26,062
purposes other than those contained in section 2151.34 of the 26,063
Revised Code. A board of county commissioners which uses the 26,064
home for any other purpose within such THAT period shall enter 26,065
into an agreement with the director of budget and management for 26,068
the discharge of such THAT obligation over a period not to exceed 26,069
ten years. If a board of county commissioners fails to enter 26,070
into an agreement for the discharge of such THAT obligation, or 26,071
fails to comply with the terms of such an agreement, the director 26,073
shall direct the tax commissioner, pursuant to section 5747.54 of 26,074
the Revised Code, shall TO withhold from the distribution of the 26,075
local government fund an amount sufficient to discharge the 26,076
obligation.
As used in this section: 26,078
(A) "Construction" means the building and initial 26,080
equipping of new structures. 26,081
(B) "Acquisition" means "acquisition" as defined in the 26,083
rules of the department, which may include the purchase, 26,084
remodeling, and initial equipping of existing structures. 26,085
Sec. 5139.28. The department of youth services shall adopt 26,094
594
and promulgate rules prescribing the standards of operation, 26,095
programs of education, and training and qualifications of 26,096
personnel of a school, forestry camp, or other facility, 26,097
established under section 2151.65 of the Revised Code, for which 26,098
financial assistance may be granted to assist in defraying the 26,099
cost of the operation and maintenance of the school, forestry 26,100
camp, or other facility. If an application is made to the 26,101
department under section 2151.652 of the Revised Code for 26,102
financial assistance and the department finds that the 26,103
application is in proper form and the standards of operation, 26,104
programs of education, and training and qualifications of 26,105
personnel of the school, forestry camp, or other facility meet 26,106
the requirements of the rules of the department adopted under 26,107
this section, the department, from moneys made available to it 26,108
for the purpose of granting financial assistance under this 26,109
section, may grant financial assistance for the operation and 26,110
maintenance of the school, forestry camp, or other facility in an 26,111
amount not to exceed one-half of the cost of operating and 26,112
maintaining the school, forestry camp, or other facility. 26,113
The department shall not grant financial assistance for the 26,115
operation or maintenance of a school, forestry camp, or other 26,116
facility established under section 2151.65 of the Revised Code 26,117
unless it is used solely for the purpose of rehabilitating 26,118
children between twelve and eighteen years of age, other than 26,119
psychotic or mentally retarded children, who have been 26,120
adjudicated delinquent children or unruly children by order of a 26,121
juvenile court. The department shall not grant financial 26,122
assistance for the operation or maintenance of a school, forestry 26,123
camp, or other facility established under section 2151.65 of the 26,124
Revised Code that houses more than one hundred fifty children at 26,125
any one time. 26,126
Sec. 5139.281. The department of youth services shall 26,135
adopt rules prescribing the manner of application for financial 26,136
assistance under this section for the operation and maintenance 26,137
595
of a detention home provided, or district detention home 26,138
established, under section 2151.34 of the Revised Code and 26,139
prescribing minimum standards of operation, including criteria 26,140
for programs of education, training, counseling, recreation, 26,141
health, and safety, and qualifications of personnel with which a 26,142
home shall comply as a condition of eligibility for assistance 26,143
under this section. If the board of county commissioners 26,144
providing a detention home or the board of trustees of a district 26,145
detention home applies to the department for assistance and if 26,146
the department finds that the application is in accordance with 26,147
the rules adopted under this section and that the home meets the 26,148
minimum standards adopted under this section, the department may 26,149
grant assistance to the applicant board for the operation and 26,150
maintenance of each home in an amount not to exceed fifty per 26,151
cent of the approved annual operating cost. The board shall make 26,152
a separate application for each year for which assistance is 26,153
requested. The department shall not grant assistance for the 26,154
operation and maintenance of a home that is designed to 26,155
accommodate fewer than ten children or that houses more than one 26,156
hundred fifty children at any one time. 26,157
The department shall adopt any necessary rules for the 26,159
care, treatment, and training in a district detention home of 26,160
children found to be delinquent children and committed to the 26,161
home by the juvenile court under section 2151.355 of the Revised 26,162
Code and may approve for this purpose any home that is found to 26,163
be in compliance with the rules it adopts. 26,164
The department shall provide, at least once every six 26,166
months, in-service training programs for staff members of 26,167
detention homes or district detention homes and shall pay all 26,168
travel and other necessary expenses incurred by participating 26,169
staff members. 26,170
Sec. 5145.19. (A) THERE IS HEREBY ESTABLISHED A PILOT 26,173
PROGRAM, IN THE MANNER SPECIFIED IN DIVISION (B) OF THIS SECTION, 26,175
PURSUANT TO WHICH THE DEPARTMENT OF REHABILITATION AND CORRECTION 26,176
596
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE NORTHWEST OHIO CLOSE 26,180
SECURITY PRISON.
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 26,183
DEPARTMENT NEED NOT COMPLY WITH SECTIONS 125.01 TO 125.11, 26,184
SECTIONS 4115.31 TO 4115.35, OR SECTION 5119.16 OF THE REVISED 26,186
CODE WHEN IT PURCHASES SUPPLIES AND SERVICES FOR THE NORTHWEST 26,188
OHIO CLOSE SECURITY PRISON. THE DEPARTMENT SHALL COMPLY WITH 26,189
DIVISION (B) OF SECTION 125.11 OF THE REVISED CODE WHEN IT 26,192
PURCHASES SUPPLIES AND SERVICES FOR THE PRISON. THE DEPARTMENT 26,193
SHALL PURCHASE SUPPLIES AND SERVICES FOR THE PRISON THAT ARE 26,194
AVAILABLE AND PRODUCED BY PROGRAMS FOR THE EMPLOYMENT OF 26,195
PRISONERS ESTABLISHED UNDER SECTION 5145.16 OF THE REVISED CODE. 26,197
PRICES PAID FOR SUPPLIES AND SERVICES PURCHASED FOR THE 26,199
NORTHWEST OHIO CLOSE SECURITY PRISON SHALL BE FAIR AND REASONABLE 26,201
AND SHALL NOT BE GREATER THAN THE USUAL PRICES THE DEPARTMENT OF 26,202
REHABILITATION AND CORRECTION MUST PAY TO THE DEPARTMENT OF 26,203
ADMINISTRATIVE SERVICES FOR SUPPLIES AND SERVICES PURCHASED UNDER 26,204
TERM CONTRACTS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES. 26,205
PREFERENCE SHALL BE GIVEN IN PURCHASING SUPPLIES AND SERVICES FOR 26,206
THE PRISON, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF SECTION 26,208
5120.24 OF THE REVISED CODE, TO VENDORS IN THE AREA IN WHICH THE 26,211
PRISON IS LOCATED AS LONG AS THE PRICE PAID IS FAIR AND 26,212
REASONABLE AND IS NOT GREATER THAN THE USUAL PRICE.
ONE-HALF OF ANY AMOUNTS SAVED AS A RESULT OF PURCHASES MADE 26,216
UNDER THIS DIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE
GENERAL REVENUE FUND OF THE STATE, AND THE OTHER HALF OF THOSE 26,217
AMOUNTS SAVED SHALL BE USED FOR EDUCATIONAL OR REHABILITATION 26,218
PROGRAMS AT THE NORTHWEST OHIO CLOSE SECURITY PRISON AS 26,219
DETERMINED BY THE PRISON'S WARDEN. 26,220
Sec. 5145.20. (A) THE DIRECTOR OF REHABILITATION AND 26,223
CORRECTION SHALL ISSUE, NOT LATER THAN TWO YEARS AFTER THE 26,224
OPENING OF THE NORTHWEST OHIO CLOSE SECURITY PRISON, A 26,225
PRELIMINARY REPORT, AND SHALL ISSUE, NOT LATER THAN FIVE YEARS 26,226
AFTER THE OPENING OF THE PRISON, A FINAL REPORT, THAT EVALUATES 26,227
597
THE PILOT PROGRAM DESCRIBED IN DIVISION (B) OF SECTION 5145.19 OF 26,229
THE REVISED CODE. THE DIRECTOR SHALL FORWARD A COPY OF THE 26,230
PRELIMINARY AND FINAL REPORTS TO THE GOVERNOR, SPEAKER OF THE 26,231
HOUSE OF REPRESENTATIVES, PRESIDENT OF THE SENATE, AND 26,232
CORRECTIONAL INSTITUTION INSPECTION COMMITTEE. 26,233
THE COMMITTEE SHALL CONDUCT A HEARING ON EACH REPORT THAT 26,235
IT RECEIVES. IT SHALL INVITE TO EACH HEARING ON A REPORT THE 26,236
PERSON WHO WAS THE PRIMARY SPONSOR OF THE ACT, OR OF THE 26,237
AMENDMENT TO THE ACT, PASSED BY THE GENERAL ASSEMBLY THAT ENACTED 26,238
THIS SECTION, AND THE PRIMARY SPONSOR MAY COMMENT ON THE REPORT. 26,239
(B) THE PRELIMINARY AND FINAL REPORTS SHALL DESCRIBE THE 26,241
EFFORTS OF THE DEPARTMENT TO IMPLEMENT THE PILOT PROGRAM; 26,242
EVALUATE THOSE EFFORTS; IDENTIFY ANY BENEFITS RESULTING FROM THE 26,244
PILOT PROGRAM ON PRISON OPERATIONS; IDENTIFY ANY FINANCIAL 26,245
BENEFITS ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM; 26,246
EVALUATE THE IMPACT OF THE PILOT PROGRAM ON THE COMMUNITY NEAR 26,247
THE PRISON; AND RECOMMEND ANY NECESSARY CHANGES IN THE PILOT 26,248
PROGRAM. THE DEPARTMENT SHALL DETERMINE THE FINANCIAL BENEFITS 26,249
ACCRUING TO THE DEPARTMENT FROM THE PILOT PROGRAM, AMONG OTHER 26,250
THINGS, BY CONDUCTING AN AUDIT OF PURCHASES MADE UNDER DIVISION 26,252
(B) OF SECTION 5145.19 OF THE REVISED CODE TO DETERMINE THE 26,253
AMOUNT OF SAVINGS REALIZED THROUGH THOSE PURCHASES. THE 26,254
PRELIMINARY AND FINAL REPORTS ALSO SHALL DETERMINE WHETHER ANY OF 26,255
THOSE FINANCIAL BENEFITS COULD BE DUPLICATED IF THE PILOT PROGRAM 26,256
WERE EXTENDED TO SOME OR ALL OTHER STATE CORRECTIONAL 26,257
INSTITUTIONS.
Sec. 5502.21. As used in sections 5502.21 to 5502.51 of 26,266
the Revised Code:
(A) "Agency" means any administrative or operational 26,268
division, including an office, department, bureau, board, 26,269
commission, or authority, of the state or of a political 26,270
subdivision thereof, including volunteer agencies, organizations, 26,271
or departments. 26,272
(B) "Attack" means any attack, either actual or imminent, 26,274
598
or a series of attacks by an actual or potential enemy of the 26,275
United States or by a foreign nation upon the United States that 26,276
causes or may cause substantial damage to or destruction of life, 26,277
property, or the environment within the United States or that is 26,278
designed to injure the military or economic strength of the 26,279
United States. "Attack" includes, without limitation, acts of 26,280
sabotage, acts of terrorism, invasion, the use of bombs or 26,281
shellfire, conventional, nuclear, chemical, or biological 26,282
warfare, and the use of other weapons or processes. 26,283
(C) "Chief executive" means the president of the United 26,285
States, the governor of this state, the board of county 26,286
commissioners of any nonchartered county, the executive authority 26,287
of any county established under Section 3 of Article X, Ohio 26,288
Constitution, or Chapter 302. of the Revised Code, the board of 26,289
township trustees of any township, or the mayor or city manager 26,290
of any municipal corporation within this state. 26,291
(D) "Civil defense" is an integral part of emergency 26,293
management that includes all those activities and measures 26,294
designed or undertaken to minimize the effects upon the civilian 26,295
population caused or which THAT would be caused by any hazard and 26,297
to effect emergency repairs to, or the emergency restoration of, 26,298
vital equipment, resources, supplies, utilities, and facilities 26,299
necessary for survival and for the public health, safety, and 26,300
welfare that would be damaged or destroyed by any hazard. "Civil 26,301
defense" includes, but is not limited to: 26,302
(1) Those measures to be taken during a hazard, including 26,304
all of the following: 26,305
(a) The enforcement of those passive defense regulations 26,307
necessary for the protection of the civilian population and 26,308
prescribed by duly established military or civil authorities; 26,309
(b) The evacuation of personnel to shelter areas; 26,311
(c) The control of traffic and panic situations; 26,313
(d) The control and use of emergency communications, 26,315
lighting, and warning equipment and systems. 26,316
599
(2) Those measures to be taken after a hazard has 26,318
occurred, including all of the following: 26,319
(a) Activities necessary for fire fighting FIREFIGHTING, 26,321
rescue, emergency, medical, health, and sanitation services; 26,323
(b) Monitoring for secondary hazards that could be caused 26,325
from the initiating event; 26,326
(c) Damage assessment and disaster analysis operations; 26,328
(d) Coordination of disaster assistance programs; 26,330
(e) Monitoring for effects from weapons; 26,332
(f) Unexploded bomb reconnaissance; 26,334
(g) Essential debris clearance; 26,336
(h) Decontamination operations; 26,338
(i) Documentation of operations and financial expenses; 26,340
(j) Resource control; 26,342
(k) Any other activities that may be necessary for 26,344
survival and the overall health, safety, and welfare of the 26,345
civilian population. 26,346
(E) "Disaster" means any imminent threat or actual 26,348
occurrence of widespread or severe damage to or loss of property, 26,349
personal hardship or injury, or loss of life that results from 26,350
any natural phenomenon or act of man A HUMAN. 26,351
(F) "Emergency" means any period during which the congress 26,353
of the United States or a chief executive has declared or 26,354
proclaimed that an emergency exists. 26,355
(G) "Emergency management" includes all emergency 26,357
preparedness and civil defense activities and measures, whether 26,358
or not mentioned or described in sections 5502.21 to 5502.51 of 26,360
the Revised Code, that are designed or undertaken to minimize the 26,361
effects upon the civilian population caused or that could be 26,362
caused by any hazard and that are necessary to address 26,363
mitigation, emergency preparedness, response, and recovery. 26,364
(H) "Emergency preparedness" is an integral part of 26,366
emergency management that includes those activities and measures 26,367
designed or undertaken in preparation for any hazard, including, 26,369
600
but not limited to, natural disasters and hazards involving 26,370
hazardous materials or radiological materials, and that will 26,372
enhance the probability for preservation of life, property, and 26,373
the environment. "Emergency preparedness" includes, without
limitation: 26,374
(1) The establishment of appropriate agencies and 26,376
organizations; 26,377
(2) The development of necessary plans and standard 26,379
operating procedures for mitigation, preparation, response, and 26,380
recovery purposes, including, without limitation, the development 26,381
of supporting agreements and memorandums of understanding; 26,382
(3) Hazard identification; 26,384
(4) Capability assessment; 26,386
(5) The recruitment, retention, and training of personnel; 26,388
(6) The development, printing, and distribution of 26,390
emergency public information, education, and training materials 26,391
and programs; 26,392
(7) The necessary conduct of research; 26,394
(8) The development of resource inventories; 26,396
(9) The procurement and stockpiling of equipment, food, 26,398
water, medical supplies, and any other supplies necessary for 26,399
survival and for the public health, safety, and welfare; 26,400
(10) The development and construction of public shelter 26,402
facilities and shelter spaces; 26,403
(11) The development and construction of emergency 26,405
operations centers for the conduct and support of coordination, 26,406
direction, and control activities; 26,407
(12) When appropriate and considered necessary, the 26,409
nonmilitary evacuation or temporary relocation of the civilian 26,410
population. 26,411
(I) "Hazard" means any actual or imminent threat to the 26,413
survival or overall health, safety, or welfare of the civilian 26,414
population that is caused by any natural, man-made HUMAN-MADE, or 26,416
technological event. "Hazard" includes, without limitation, an 26,417
601
attack, disaster, and emergency. 26,418
(J) "Hazard identification" means an identification, 26,420
historical analysis, inventory, or spatial distribution of risks 26,421
that could affect a specific geographical area and that would 26,422
cause a threat to the survival, health, safety, or welfare of the 26,423
civilian population, the property of that population, or the 26,424
environment. 26,425
(K) "Law" includes a general or special statute, law, 26,427
local law, ordinance, resolution, rule, order, or rule of common 26,428
law. 26,429
(L) "Mitigation" means all those activities that reduce or 26,431
eliminate the probability of a hazard. "Mitigation" also 26,432
includes long-term activities and measures designed to reduce the 26,433
effects of unavoidable hazards. 26,434
(M) "Political subdivision" means a county, township, or 26,436
municipal corporation in this state. 26,437
(N) "Recovery" includes all those activities required and 26,439
necessary to return an area to its former condition to the extent 26,440
possible following the occurrence of any hazard. 26,441
(O) "Response" includes all those activities that occur 26,443
subsequent to any hazard and that provide emergency assistance 26,444
from the effects of any such hazard, reduce the probability of 26,445
further injury, damage, or destruction, and are designed or 26,446
undertaken to speed recovery operations. 26,447
(P) "Structure" includes shelters, additions to or 26,449
alterations of existing buildings, and portions of existing 26,450
buildings dedicated to public use, made and designed exclusively 26,451
for protection against the shock or other effects of nuclear, 26,452
biological, or chemical warfare, special housing for equipment, 26,453
and all other structural means of protection of individuals and 26,454
property against any hazard. 26,455
(Q) "Equipment" includes fire-fighting, first-aid, 26,457
emergency medical, hospital, salvage, and rescue equipment and 26,458
materials, equipment for evacuation or relocation of individuals, 26,459
602
radiological monitoring equipment, hazardous materials response 26,460
gear, communications equipment, warning equipment, and all other 26,461
means, in the nature of personal property, to be used exclusively 26,462
in the protection of individuals and property against the effects 26,463
of any hazard. 26,464
(R) "Certifying authority" means the deputy EXECUTIVE 26,466
director of the emergency management agency provided for by 26,468
section 5502.22 of the Revised Code. 26,470
(S) "Civil defense certificate" means a civil defense 26,472
certificate of necessity issued pursuant to section 5502.42 of 26,474
the Revised Code. 26,475
Sec. 5502.22. (A) There is hereby established within the 26,485
department of public safety an emergency management agency, which 26,486
shall be governed under rules adopted by the director of public 26,488
safety under section 5502.25 of the Revised Code. The director, 26,490
with the concurrence of the governor, shall appoint a deputy AN 26,491
EXECUTIVE director, who shall be head of the emergency management 26,493
agency. The deputy EXECUTIVE director may appoint a chief 26,496
executive assistant, executive assistants, and administrative and 26,498
technical personnel within that agency as may be necessary to 26,499
plan, organize, and maintain emergency management adequate to the 26,500
needs of the state. The deputy EXECUTIVE director shall 26,501
coordinate all activities of all agencies for emergency 26,502
management within the state, shall maintain liaison with similar 26,503
agencies of other states and of the federal government, shall 26,504
cooperate with those agencies subject to the approval of the 26,505
governor, and shall develop a statewide emergency operations plan 26,506
that shall meet any applicable federal requirements for such 26,507
plans. The deputy EXECUTIVE director shall have such additional 26,509
authority, duties, and responsibilities as are prescribed by the 26,510
governor and the director or provided by law in all matters 26,512
relating to emergency management that may be reflected in other 26,514
sections of the Revised Code. The deputy EXECUTIVE director 26,516
shall advise the governor and director on matters pertaining to 26,517
603
emergency management on a regular basis.
Whenever the disaster services agency or director is 26,519
referred to or designated in any statute, rule, contract, or 26,520
other document, the reference or designation shall be deemed to 26,521
refer to the emergency management agency or deputy EXECUTIVE 26,522
director, as the case may be. 26,524
(B) For the purposes of emergency management, the deputy 26,526
EXECUTIVE director, with the approval of the director, may 26,528
participate in federal programs, accept grants from, and enter 26,529
into cooperative agreements or contractual arrangements with any 26,530
federal, state, or local department, agency, or subdivision 26,531
thereof, or any other person or body politic. Whenever the
duties of the emergency management agency overlap with rights or 26,532
duties of other federal, state, or local departments, agencies, 26,533
subdivisions, or officials, or private agencies, the deputy 26,534
EXECUTIVE director shall cooperate with, and not infringe upon 26,536
the rights and duties of, the other public or private entities. 26,537
Funds made available by the United States for the use of 26,539
the emergency management agency shall be expended by that agency 26,540
only for the purposes for which the funds were appropriated. In 26,541
accepting federal funds, the emergency management agency shall 26,543
abide by the terms and conditions of the grant, cooperative 26,544
agreement, or contractual arrangement and shall expend the funds 26,545
in accordance with the laws and regulations of the United States. 26,546
Sec. 5502.25. The director of public safety, in accordance 26,555
with Chapter 119. of the Revised Code, shall adopt, may amend or 26,557
rescind, and shall enforce, rules with respect to the emergency
management of the state for the purpose of providing protection 26,559
for its people against any hazard. The rules shall be made 26,560
available for public inspection at the emergency operations 26,562
center/joint dispatch facility and at such other places and 26,563
during such reasonable hours as fixed by the deputy EXECUTIVE 26,564
director of emergency management.
Sec. 5502.28. In carrying out sections 5502.21 to 5502.51 26,573
604
of the Revised Code, the governor shall utilize the services, 26,576
equipment, supplies, and facilities of existing agencies of the 26,577
state and of the political subdivisions thereof to the maximum 26,578
extent practicable, and the officers and personnel of all such 26,579
agencies shall cooperate with and extend such services, 26,580
equipment, supplies, and facilities to the governor and to the 26,581
deputy EXECUTIVE director of the emergency management agency upon 26,583
request.
Every agency for emergency management established pursuant 26,585
to sections 5502.21 to 5502.51 of the Revised Code and every 26,587
political subdivision that has established a program for 26,588
emergency management under section 5502.271 of the Revised Code, 26,589
and the officers thereof, shall execute and enforce any emergency 26,591
management orders and rules issued or adopted by the director of 26,592
public safety. 26,593
Sec. 5502.34. No person shall be employed or associated in 26,602
any capacity in any position or agency established under sections 26,603
5502.21 to 5502.51 of the Revised Code who advocates or has 26,604
advocated a change by force or violence in the constitutional 26,605
form of the government of the United States or of this state or 26,606
who has been convicted of or is under indictment or information 26,607
charging any subversive act against the United States or this 26,608
state. Each person who is appointed to serve in any position in 26,609
emergency management or in an agency for emergency management, 26,610
before entering upon his THE PERSON'S duties, shall register, in 26,611
writing, his THE PERSON'S name, address, and any other necessary 26,612
information pertaining to his THE PERSON'S qualifications and 26,613
choice of type of service and shall take an oath before the 26,615
deputy EXECUTIVE director of the emergency management agency or 26,616
local emergency management director or deputy director, or any 26,617
other person authorized to administer oaths in this state, which 26,618
oath shall be as follows: 26,619
"I, ........................, do solemnly swear (or affirm) 26,621
that I will support and defend the constitution of the United 26,622
605
States and the constitution of the state of Ohio, against all 26,623
enemies, foreign and domestic; that I will bear true faith and 26,624
allegiance to the same; that I will obey the orders of the 26,625
governor of the state of Ohio; that I take this obligation 26,626
freely, without any mental reservation or purpose of evasion; and 26,627
that I will faithfully discharge the duties upon which I am about 26,628
to enter. 26,629
"And I do further swear (or affirm) that I do not advocate, 26,631
nor am I a member of any political party or organization that 26,632
advocates, the overthrow of the government of the United States 26,633
or of this state by force or violence; and that during such time 26,634
as I am engaged in emergency management employment or activities, 26,635
I will not advocate nor become a member of any political party or 26,636
organization that advocates the overthrow of the government of 26,637
the Unites UNITED States or of this state by force or violence." 26,639
Sec. 5703.05. All powers, duties, and functions of the 26,648
department of taxation are vested in and shall be performed by 26,649
the tax commissioner, which powers, duties, and functions shall 26,650
include, but shall not be limited to, the following: 26,651
(A) Prescribing all blank forms which the department is 26,653
authorized to prescribe, and to provide such forms and distribute 26,654
the same as required by law and the rules of the department. The 26,655
tax commissioner shall include a mail-in registration form 26,656
prescribed in section 3503.14 of the Revised Code within the 26,657
return and instructions for the tax levied in odd-numbered years 26,658
under section 5747.02 of the Revised Code, beginning with the tax 26,659
levied for the first odd-numbered year after the effective date 26,660
of this amendment 1995. The secretary of state shall bear all 26,661
costs for the inclusion of the mail-in registration form. That 26,662
form shall be addressed for return to the office of the secretary 26,663
of state.
(B) Exercising the authority provided by law, INCLUDING 26,665
ORDERS FROM BANKRUPTCY COURTS, relative to remitting or refunding 26,667
taxes or assessments, including penalties and interest thereon, 26,668
606
illegally or erroneously assessed or collected, or for any other 26,669
reason overpaid, and in addition, the commissioner may on written 26,670
application of any person, firm, or corporation claiming to have 26,671
overpaid to the treasurer of state at any time within five years 26,672
prior to the making of such application any tax payable under any 26,673
law which the department of taxation is required to administer 26,674
which does not contain any provision for refund, or on his THE 26,675
COMMISSIONER'S own motion investigate the facts and make in 26,676
triplicate a written statement of his THE COMMISSIONER'S 26,677
findings, and, if he THE COMMISSIONER finds that there has been 26,678
an overpayment, issue in triplicate a certificate of abatement 26,679
payable to the taxpayer, his THE TAXPAYER'S assigns, or legal 26,680
representative which shows the amount of the overpayment and the 26,681
kind of tax overpaid. One copy of such statement shall be 26,682
entered on the journal of the commissioner, one shall be
certified to the attorney general, and one certified copy shall 26,684
be delivered to the taxpayer. All copies of the certificate of 26,685
abatement shall be transmitted to the attorney general, and if he 26,686
THE ATTORNEY GENERAL finds it to be correct he THE ATTORNEY 26,687
GENERAL shall so certify on each copy, and deliver one copy to 26,688
the taxpayer, one copy to the commissioner, and the third copy to 26,689
the treasurer of state. Except as provided in sections 5725.08
and 5725.16 of the Revised Code the taxpayer's copy of any 26,691
certificates of abatement may be tendered by the payee or 26,692
transferee thereof to the treasurer of state as payment, to the 26,693
extent of the amount thereof, of any tax payable to the treasurer 26,694
of state.
(C) Exercising the authority provided by law relative to 26,696
consenting to the compromise and settlement of tax claims; 26,697
(D) Exercising the authority provided by law relative to 26,699
the use of alternative tax bases by taxpayers in the making of 26,700
personal property tax returns; 26,701
(E) Exercising the authority provided by law relative to 26,703
authorizing the prepayment of taxes on retail sales of tangible 26,704
607
personal property or on the storage, use, or consumption of 26,705
personal property, and waiving the collection of such taxes from 26,706
the consumers; 26,707
(F) Exercising the authority provided by law to revoke 26,709
licenses; 26,710
(G) Maintaining a continuous study of the practical 26,712
operation of all taxation and revenue laws of the state, the 26,713
manner in which and extent to which such laws provide revenues 26,714
for the support of the state and its political subdivisions, the 26,715
probable effect upon such revenue of possible changes in existing 26,716
laws, and the possible enactment of measures providing for other 26,717
forms of taxation. For this purpose the commissioner may 26,718
establish and maintain a division of research and statistics, and 26,719
may appoint necessary employees who shall be in the unclassified 26,720
civil service; the results of such study shall be available to 26,721
the members of the general assembly and the public. 26,722
(H) Making all tax assessments, valuations, findings, 26,724
determinations, computations, and orders the department of 26,725
taxation is by law authorized and required to make and, pursuant 26,726
to time limitations provided by law, on his THE COMMISSIONER'S 26,727
own motion, reviewing, redetermining, or correcting any tax 26,728
assessments, valuations, findings, determinations, computations, 26,729
or orders he THE COMMISSIONER has made, but he THE COMMISSIONER 26,730
shall not review, redetermine, or correct any tax assessment, 26,731
valuation, finding, determination, computation, or order which he 26,732
THE COMMISSIONER has made as to which an appeal or application 26,733
for rehearing, review, redetermination, or correction has been 26,734
filed with the board of tax appeals, unless such appeal or 26,735
application is withdrawn by the appellant or applicant or 26,736
dismissed; 26,737
(I) Appointing not more than five deputy tax 26,739
commissioners, who, under such regulations as the rules of the 26,740
department of taxation prescribe, may act for the commissioner in 26,741
the performance of such duties as he THE COMMISSIONER prescribes 26,742
608
in the administration of the laws which he THE COMMISSIONER is 26,743
authorized and required to administer, and who shall serve in the 26,744
unclassified civil service at the pleasure of the commissioner, 26,745
but if a person who holds a position in the classified service is 26,746
appointed, it shall not affect the civil service status of such 26,747
person;
(J) Appointing and prescribing the duties of all other 26,749
employees of the department of taxation necessary in the 26,750
performance of the work of the department which the tax 26,751
commissioner is by law authorized and required to perform, and 26,752
creating such divisions or sections of employees as, in his THE 26,753
COMMISSIONER'S judgment, is proper; 26,754
(K) Organizing the work of the department, which he THE 26,756
COMMISSIONER is by law authorized and required to perform, so 26,757
that, in his THE COMMISSIONER'S judgment, an efficient and 26,758
economical administration of the laws will result; 26,759
(L) Maintaining a journal, which is open to public 26,761
inspection, in which he THE COMMISSIONER shall keep a record of 26,762
all actions taken by him THE COMMISSIONER relating to assessments 26,764
and the reasons therefor;
(M) Adopting and promulgating, in the manner provided by 26,766
section 5703.14 of the Revised Code, all rules of the department, 26,767
including rules for the administration of sections 3517.16, 26,768
3517.17, and 5747.081 of the Revised Code; 26,769
(N) Destroying any or all returns or assessment 26,771
certificates in the manner authorized by law; 26,772
(O) Adopting rules, in accordance with division (B) of 26,774
section 325.31 of the Revised Code, governing the expenditure of 26,775
moneys from the real estate assessment fund under that division. 26,776
Sec. 5703.21. (A) Except as provided in divisions (B), 26,785
(C), (D), and (E) of this section, no agent of the department of 26,787
taxation, except in the agent's report to the department or when 26,788
called on to testify in any court or proceeding, shall divulge 26,789
any information acquired by the agent as to the transactions, 26,790
609
property, or business of any person while acting or claiming to 26,791
act under orders of the department. Whoever violates this 26,792
provision shall thereafter be disqualified from acting as an 26,793
officer or employee or in any other capacity under appointment or 26,794
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 26,796
of the Revised Code, or an audit of the department pursuant to 26,797
Chapter 117. of the Revised Code, or an audit, pursuant to such 26,798
THAT chapter, the objective of which is to express an opinion on 26,800
a financial report or statement prepared or issued pursuant to 26,801
division (G)(A)(7) or (I)(9) of section 126.21 of the Revised 26,804
Code, the officers and employees of the auditor of state charged 26,805
with conducting the audit shall have access to and the right to 26,806
examine any state tax returns and state tax return information in 26,807
the possession of the department to the extent that such THE 26,808
access and examination are necessary for purposes of the audit. 26,810
Any information acquired as the result of such THAT access and 26,811
examination shall not be divulged for any purpose other than as 26,813
required for such THE audit or unless the officers and employees 26,814
are required to testify in a court or proceeding under compulsion 26,816
of legal process. Whoever violates this provision shall 26,817
thereafter be disqualified from acting as an officer or employee 26,818
or in any other capacity under appointment or employment of the 26,819
auditor of state. 26,820
(2) As provided by section 6103(d)(2) of the Internal 26,822
Revenue Code, any federal tax returns or federal tax information 26,823
which the department has acquired from the internal revenue 26,824
service, through federal and state statutory authority, may be 26,825
disclosed to the auditor of state solely for purposes of an audit 26,826
of the department. 26,827
(C) Division (A) of this section does not prohibit 26,829
divulging information contained in applications, complaints, and 26,830
related documents filed with the department under section 5715.27 26,831
of the Revised Code, or in applications filed with the department 26,832
610
under section 5715.39 of the Revised Code. 26,833
(D) Division (A) of this section does not prohibit the 26,835
department of taxation providing information to the division of 26,836
child support within the department of human services, or a child 26,837
support enforcement agency, pursuant to division (G)(2) of 26,838
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 26,841
disclosure to the board of motor vehicle collision repair 26,842
registration of any information in the possession of the 26,843
department that is necessary for the board to verify the 26,845
existence of an applicant's valid vendor's license and current 26,846
state tax identification number under section 4775.07 of the
Revised Code. 26,847
Sec. 5709.62. (A) In any municipal corporation that is 26,856
defined by the United States office of management and budget as a 26,857
central city of a metropolitan statistical area, the legislative 26,858
authority of the municipal corporation may designate one or more 26,859
areas within its municipal corporation as proposed enterprise 26,860
zones. Upon designating an area, the legislative authority shall 26,861
petition the director of development for certification of the 26,862
area as having the characteristics set forth in division (A)(1) 26,863
of section 5709.61 of the Revised Code as amended by Substitute 26,864
Senate Bill No. 19 of the 120th general assembly. Except as 26,865
otherwise provided in division (E) of this section, on and after 26,866
July 1, 1994, legislative authorities shall not enter into 26,867
agreements under this section unless the legislative authority 26,868
has petitioned the director and the director has certified the 26,869
zone under this section as amended by that act; however, all 26,870
agreements entered into under this section as it existed prior to 26,871
July 1, 1994, and the incentives granted under those agreements 26,872
shall remain in effect for the period agreed to under those 26,873
agreements. Within sixty days after receiving such a petition, 26,874
the director shall determine whether the area has the 26,875
characteristics set forth in division (A)(1) of section 5709.61 26,876
611
of the Revised Code, and shall forward the findings to the 26,878
legislative authority of the municipal corporation. If the 26,879
director certifies the area as having those characteristics, and 26,880
thereby certifies it as a zone, the legislative authority may 26,881
enter into an agreement with an enterprise under division (C) of 26,882
this section. 26,883
(B) Any enterprise that wishes to enter into an agreement 26,885
with a municipal corporation under division (C) of this section 26,886
shall submit a proposal to the legislative authority of the 26,887
municipal corporation on a form prescribed by the director of 26,888
development, together with the application fee established under 26,889
section 5709.68 of the Revised Code. The form shall require the 26,890
following information: 26,891
(1) An estimate of the number of new employees whom the 26,893
enterprise intends to hire, or of the number of employees whom 26,894
the enterprise intends to retain, within the zone at a facility 26,895
that is a project site, and an estimate of the amount of payroll 26,896
of the enterprise attributable to these employees; 26,897
(2) An estimate of the amount to be invested by the 26,899
enterprise to establish, expand, renovate, or occupy a facility, 26,900
including investment in new buildings, additions or improvements 26,901
to existing buildings, machinery, equipment, furniture, fixtures, 26,902
and inventory; 26,903
(3) A listing of the enterprise's current investment, if 26,905
any, in a facility as of the date of the proposal's submission. 26,906
The enterprise shall review and update the listings 26,908
required under this division to reflect material changes, and any 26,909
agreement entered into under division (C) of this section shall 26,910
set forth final estimates and listings as of the time the 26,911
agreement is entered into. The legislative authority may, on a 26,912
separate form and at any time, require any additional information 26,913
necessary to determine whether an enterprise is in compliance 26,914
with an agreement and to collect the information required to be 26,915
reported under section 5709.68 of the Revised Code. 26,916
612
(C) Upon receipt and investigation of a proposal under 26,918
division (B) of this section, if the legislative authority finds 26,919
that the enterprise submitting the proposal is qualified by 26,920
financial responsibility and business experience to create and 26,921
preserve employment opportunities in the zone and improve the 26,922
economic climate of the municipal corporation, the legislative 26,923
authority, on or before June 30, 1999 2004, may do one of the 26,926
following:
(1) Enter into an agreement with the enterprise under 26,928
which the enterprise agrees to establish, expand, renovate, or 26,929
occupy a facility and hire new employees, or preserve employment 26,930
opportunities for existing employees, in return for one or more 26,931
of the following incentives: 26,932
(a) Exemption for a specified number of years, not to 26,934
exceed ten, of a specified portion, up to seventy-five per cent, 26,935
of the assessed value of tangible personal property first used in 26,936
business at the project site as a result of the agreement. An 26,937
exemption granted pursuant to this division applies to inventory 26,938
required to be listed pursuant to sections 5711.15 and 5711.16 of 26,939
the Revised Code, except that, in the instance of an expansion or 26,940
other situations in which an enterprise was in business at the 26,941
facility prior to the establishment of the zone, the inventory 26,942
which is exempt is that amount or value of inventory in excess of 26,943
the amount or value of inventory required to be listed in the 26,944
personal property tax return of the enterprise in the return for 26,945
the tax year in which the agreement is entered into. 26,946
(b) Exemption for a specified number of years, not to 26,948
exceed ten, of a specified portion, up to seventy-five per cent, 26,949
of the increase in the assessed valuation of real property 26,950
constituting the project site subsequent to formal approval of 26,951
the agreement by the legislative authority; 26,952
(c) Provision for a specified number of years, not to 26,954
exceed ten, of any optional services or assistance that the 26,955
municipal corporation is authorized to provide with regard to the 26,956
613
project site. 26,957
(2) An agreement under which the enterprise agrees to 26,959
remediate an environmentally contaminated facility, to spend an 26,960
amount equal to at least two hundred fifty per cent of the true 26,961
value in money of the real property of the facility prior to 26,962
remediation as determined for the purposes of property taxation 26,963
to establish, expand, renovate, or occupy the remediated 26,964
facility, and to hire new employees or preserve employment 26,965
opportunities for existing employees at the remediated facility, 26,966
in return for one or more of the following incentives: 26,967
(a) Exemption for a specified number of years, not to 26,969
exceed ten, of a specified portion, not to exceed fifty per cent, 26,970
of the assessed valuation of the real property of the facility 26,971
prior to remediation; 26,972
(b) Exemption for a specified number of years, not to 26,974
exceed ten, of a specified portion, not to exceed one hundred per 26,975
cent, of the increase in the assessed valuation of the real 26,976
property of the facility during or after remediation; 26,977
(c) The incentive under division (C)(1)(a) of this 26,979
section, except that the percentage of the assessed value of such 26,980
property exempted from taxation shall not exceed one hundred per 26,981
cent; 26,982
(d) The incentive under division (C)(1)(c) of this 26,984
section. 26,985
(3) Enter into an agreement with an enterprise that plans 26,987
to purchase and operate a large manufacturing facility that has 26,988
ceased operation or announced its intention to cease operation, 26,989
in return for exemption for a specified number of years, not to 26,990
exceed ten, of a specified portion, up to one hundred per cent, 26,991
of the assessed value of tangible personal property used in 26,992
business at the project site as a result of the agreement, or of 26,993
the assessed valuation of real property constituting the project 26,994
site, or both. 26,995
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 26,997
614
section, the portion of the assessed value of tangible personal 26,998
property or of the increase in the assessed valuation of real 26,999
property exempted from taxation under those divisions may exceed 27,000
seventy-five per cent in any year for which that portion is 27,001
exempted if the average percentage exempted for all years in 27,002
which the agreement is in effect does not exceed sixty per cent, 27,003
or if the board of education of the city, local, or exempted 27,004
village school district within the territory of which the 27,005
property is or will be located approves a percentage in excess of 27,006
seventy-five per cent. For the purpose of obtaining such 27,007
approval, the legislative authority shall deliver to the board of 27,008
education a notice not later than forty-five days prior to 27,009
approving the agreement, excluding Saturdays, Sundays, and legal 27,011
holidays as defined in section 1.14 of the Revised Code. The
notice shall state the percentage to be exempted, an estimate of 27,013
the true value of the property to be exempted, and the number of 27,014
years the property is to be exempted. The board of education, by 27,015
resolution adopted by a majority of the board, shall approve or 27,016
disapprove the agreement and certify a copy of the resolution to 27,017
the legislative authority not later than fourteen days prior to 27,018
the date stipulated by the legislative authority as the date upon 27,019
which approval of the agreement is to be formally considered by 27,020
the legislative authority. The board of education may include in 27,021
the resolution conditions under which the board would approve the 27,022
agreement, including the execution of an agreement to compensate 27,023
the school district under division (B) of section 5709.82 of the 27,024
Revised Code. The legislative authority may approve the 27,025
agreement at any time after the board of education certifies its 27,026
resolution approving the agreement to the legislative authority, 27,027
or, if the board approves the agreement conditionally, at any 27,028
time after the conditions are agreed to by the board and the 27,029
legislative authority.
If a board of education has adopted a resolution waiving 27,031
its right to approve agreements and the resolution remains in 27,033
615
effect, approval of an agreement by the board is not required 27,034
under this division. If a board of education has adopted a 27,035
resolution allowing a legislative authority to deliver the notice 27,036
required under this division fewer than forty-five business days 27,037
prior to the legislative authority's approval of the agreement, 27,038
the legislative authority shall deliver the notice to the board 27,039
not later than the number of days prior to such approval as 27,040
prescribed by the board in its resolution. If a board of 27,041
education adopts a resolution waiving its right to approve 27,042
agreements or shortening the notification period, the board shall 27,043
certify a copy of the resolution to the legislative authority. 27,044
If the board of education rescinds such a resolution, it shall 27,045
certify notice of the rescission to the legislative authority. 27,046
(2) The legislative authority shall comply with section 27,048
5709.83 of the Revised Code unless the board of education has 27,051
adopted a resolution under that section waiving its right to 27,052
receive such notice.
(E) This division applies to zones certified by the 27,054
director of development under this section prior to July 22, 27,056
1994. 27,057
On or before June 30, 1999 2004, the legislative authority 27,060
that designated a zone to which this division applies may enter 27,061
into an agreement with an enterprise if the legislative authority 27,062
makes the finding required under that division and determines 27,063
that the enterprise satisfies one of the criteria described in 27,064
divisions (E)(1) to (5) of this section: 27,065
(1) The enterprise currently has no operations in this 27,067
state and, subject to approval of the agreement, intends to 27,068
establish operations in the zone; 27,069
(2) The enterprise currently has operations in this state 27,071
and, subject to approval of the agreement, intends to establish 27,072
operations at a new location in the zone that would not result in 27,073
a reduction in the number of employee positions at any of the 27,074
enterprise's other locations in this state; 27,075
616
(3) The enterprise, subject to approval of the agreement, 27,077
intends to relocate operations, currently located in another 27,078
state, to the zone; 27,079
(4) The enterprise, subject to approval of the agreement, 27,081
intends to expand operations at an existing site in the zone that 27,082
the enterprise currently operates; 27,083
(5) The enterprise, subject to approval of the agreement, 27,085
intends to relocate operations, currently located in this state, 27,086
to the zone, and the director of development has issued a waiver 27,087
for the enterprise under division (B) of section 5709.633 of the 27,088
Revised Code. 27,089
The agreement shall require the enterprise to agree to 27,091
establish, expand, renovate, or occupy a facility in the zone and 27,092
hire new employees, or preserve employment opportunities for 27,093
existing employees, in return for one or more of the incentives 27,094
described in division (C) of this section. 27,095
(F) All agreements entered into under this section shall 27,097
be in the form prescribed under section 5709.631 of the Revised 27,098
Code. After an agreement is entered into under this division, if 27,099
the legislative authority revokes its designation of a zone, or 27,100
if the director of development revokes the zone's certification, 27,101
any entitlements granted under the agreement shall continue for 27,102
the number of years specified in the agreement. 27,103
(G) Except as otherwise provided in this division, an 27,105
agreement entered into under this section shall require that the 27,106
enterprise pay an annual fee equal to the greater of one per cent 27,107
of the dollar value of incentives offered under the agreement or 27,108
five hundred dollars; provided, however, that if the value of the 27,109
incentives exceeds two hundred fifty thousand dollars, the fee 27,110
shall not exceed two thousand five hundred dollars. The fee 27,111
shall be payable to the legislative authority once per year for 27,112
each year the agreement is effective on the days and in the form 27,113
specified in the agreement. Fees paid shall be deposited in a 27,114
special fund created for such purpose by the legislative 27,115
617
authority and shall be used by the legislative authority 27,116
exclusively for the purpose of complying with section 5709.68 of 27,117
the Revised Code and by the tax incentive review council created 27,118
under section 5709.85 of the Revised Code exclusively for the 27,119
purposes of performing the duties prescribed under that section. 27,120
The legislative authority may waive or reduce the amount of the 27,121
fee charged against an enterprise, but such a waiver or reduction 27,122
does not affect the obligations of the legislative authority or 27,123
the tax incentive review council to comply with section 5709.68 27,124
or 5709.85 of the Revised Code. 27,125
(H) When an agreement is entered into pursuant to this 27,127
section, the legislative authority authorizing the agreement 27,128
shall forward a copy of the agreement to the director of 27,129
development and to the tax commissioner within fifteen days after 27,130
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 27,131
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE 27,132
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 27,134
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 27,135
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 27,137
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 27,138
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 27,139
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 27,141
shall file with each personal property tax return required to be 27,142
filed while the agreement is in effect, an informational return, 27,143
on a form prescribed by the tax commissioner for that purpose, 27,144
setting forth separately the property, and related costs and 27,145
values, exempted from taxation under the agreement. 27,146
(J) Enterprises may agree to give preference to residents 27,148
of the zone within which the agreement applies relative to 27,149
residents of this state who do not reside in the zone when hiring 27,150
new employees under the agreement. 27,151
(K) An agreement entered into under this section may 27,153
618
include a provision requiring the enterprise to create one or 27,154
more temporary internship positions for students enrolled in a 27,155
course of study at a school or other educational institution in 27,156
the vicinity, and to create a scholarship or provide another form 27,157
of educational financial assistance for students holding such a 27,158
position in exchange for the student's commitment to work for the 27,159
enterprise at the completion of the internship. 27,160
Sec. 5709.63. (A) With the consent of the legislative 27,169
authority of each affected municipal corporation or of a board of 27,170
township trustees, a board of county commissioners may, in the 27,171
manner set forth in section 5709.62 of the Revised Code, 27,172
designate one or more areas in one or more municipal corporations 27,173
or in unincorporated areas of the county as proposed enterprise 27,175
zones. A board of county commissioners may designate no more 27,176
than one area within a township, or within adjacent townships, as 27,177
a proposed enterprise zone. The board shall petition the 27,178
director of development for certification of the area as having 27,179
the characteristics set forth in division (A)(1) or (2) of
section 5709.61 of the Revised Code as amended by Substitute 27,180
Senate Bill No. 19 of the 120th general assembly. Except as 27,181
otherwise provided in division (D) of this section, on and after 27,182
July 1, 1994, boards of county commissioners shall not enter into 27,183
agreements under this section unless the board has petitioned the 27,184
director and the director has certified the zone under this
section as amended by that act; however, all agreements entered 27,185
into under this section as it existed prior to July 1, 1994, and 27,186
the incentives granted under those agreements shall remain in 27,187
effect for the period agreed to under those agreements. The 27,188
director shall make the determination in the manner provided 27,189
under section 5709.62 of the Revised Code. Any enterprise 27,190
wishing to enter into an agreement with the board under division 27,191
(B) or (D) of this section shall submit a proposal to the board 27,193
on the form and accompanied by the application fee prescribed
under division (B) of section 5709.62 of the Revised Code. The 27,195
619
enterprise shall review and update the estimates and listings 27,196
required by the form in the manner required under that division. 27,197
The board may, on a separate form and at any time, require any 27,198
additional information necessary to determine whether an 27,199
enterprise is in compliance with an agreement and to collect the 27,200
information required to be reported under section 5709.68 of the 27,201
Revised Code.
(B) If the board of county commissioners finds that an 27,203
enterprise submitting a proposal is qualified by financial 27,204
responsibility and business experience to create and preserve 27,205
employment opportunities in the zone and to improve the economic 27,206
climate of the municipal corporation or municipal corporations or 27,207
the unincorporated areas in which the zone is located and to 27,208
which the proposal applies, the board, on or before June 30, 1999 27,210
2004, and with the consent of the legislative authority of each 27,212
affected municipal corporation or of the board of township 27,213
trustees may do either of the following: 27,214
(1) Enter into an agreement with the enterprise under 27,216
which the enterprise agrees to establish, expand, renovate, or 27,217
occupy a facility in the zone and hire new employees, or preserve 27,218
employment opportunities for existing employees, in return for 27,219
the following incentives: 27,220
(a) When the facility is located in a municipal 27,222
corporation, the board may enter into an agreement for one or 27,223
more of the incentives provided in division (C) of section 27,224
5709.62 of the Revised Code, subject to division (D) of that 27,225
section;
(b) When the facility is located in an unincorporated 27,227
area, the board may enter into an agreement for one or more of 27,228
the following incentives: 27,229
(i) Exemption for a specified number of years, not to 27,231
exceed ten, of a specified portion, up to sixty per cent, of the 27,233
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. An 27,235
620
exemption granted pursuant to this division applies to inventory 27,236
required to be listed pursuant to sections 5711.15 and 5711.16 of 27,237
the Revised Code, except, in the instance of an expansion or 27,238
other situations in which an enterprise was in business at the 27,239
facility prior to the establishment of the zone, the inventory 27,240
which is exempt is that amount or value of inventory in excess of 27,241
the amount or value of inventory required to be listed in the 27,242
personal property tax return of the enterprise in the return for 27,243
the tax year in which the agreement is entered into. 27,244
(ii) Exemption for a specified number of years, not to 27,246
exceed ten, of a specified portion, up to sixty per cent, of the 27,248
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement 27,249
by the board;
(iii) Provision for a specified number of years, not to 27,251
exceed ten, of any optional services or assistance the board is 27,252
authorized to provide with regard to the project site; 27,253
(iv) The incentive described in division (C)(2) of section 27,255
5709.62 of the Revised Code. 27,256
(2) Enter into an agreement with an enterprise that plans 27,258
to purchase and operate a large manufacturing facility that has 27,259
ceased operation or has announced its intention to cease 27,260
operation, in return for exemption for a specified number of 27,261
years, not to exceed ten, of a specified portion, up to one 27,262
hundred per cent, of tangible personal property used in business 27,263
at the project site as a result of the agreement, or of real 27,264
property constituting the project site, or both. 27,265
(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 27,267
this section, the portion of the assessed value of tangible 27,270
personal property or of the increase in the assessed valuation of 27,271
real property exempted from taxation under those divisions may 27,272
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in 27,273
which the agreement is in effect does not exceed fifty per cent, 27,274
621
or if the board of education of the city, local, or exempted 27,275
village school district within the territory of which the 27,276
property is or will be located approves a percentage in excess of 27,277
sixty per cent. For the purpose of obtaining such approval, the
board of commissioners shall deliver to the board of education a 27,278
notice not later than forty-five days prior to approving the 27,280
agreement, excluding Saturdays, Sundays, and legal holidays as 27,282
defined in section 1.14 of the Revised Code. The notice shall 27,284
state the percentage to be exempted, an estimate of the true 27,286
value of the property to be exempted, and the number of years the 27,287
property is to be exempted. The board of education, by 27,288
resolution adopted by a majority of the board, shall approve or 27,289
disapprove the agreement and certify a copy of the resolution to
the board of commissioners not later than fourteen days prior to 27,290
the date stipulated by the board of commissioners as the date 27,291
upon which approval of the agreement is to be formally considered 27,292
by the board of commissioners. The board of education may 27,293
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to 27,294
compensate the school district under division (B) of section 27,295
5709.82 of the Revised Code. The board of county commissioners 27,297
may approve the agreement at any time after the board of 27,298
education certifies its resolution approving the agreement to the 27,299
board of county commissioners, or, if the board of education 27,300
approves the agreement conditionally, at any time after the 27,301
conditions are agreed to by the board of education and the board 27,302
of county commissioners.
If a board of education has adopted a resolution waiving 27,304
its right to approve agreements and the resolution remains in 27,306
effect, approval of an agreement by the board of education is not 27,307
required under division (C) of this section. If a board of 27,308
education has adopted a resolution allowing a board of county 27,309
commissioners to deliver the notice required under this division 27,310
fewer than forty-five business days prior to approval of the 27,312
622
agreement by the board of county commissioners, the board of
county commissioners shall deliver the notice to the board of 27,313
education not later than the number of days prior to such 27,315
approval as prescribed by the board of education in its 27,316
resolution. If a board of education adopts a resolution waiving 27,317
its right to approve agreements or shortening the notification 27,318
period, the board of education shall certify a copy of the
resolution to the board of county commissioners. If the board of 27,319
education rescinds such a resolution, it shall certify notice of 27,320
the rescission to the board of county commissioners. 27,321
(2) The board of county commissioners shall comply with 27,323
section 5709.83 of the Revised Code unless the board of education 27,326
has adopted a resolution under that section waiving its right to 27,327
receive such notice.
(D) This division applies to zones certified by the 27,329
director of development under this section prior to July 22, 27,331
1994.
On or before June 30, 1999 2004, and with the consent of 27,334
the legislative authority of each affected municipal corporation 27,336
or board of township trustees of each affected township, the 27,337
board of commissioners that designated a zone to which this 27,338
division applies may enter into an agreement with an enterprise
if the board makes the finding required under that division and 27,339
determines that the enterprise satisfies one of the criteria 27,340
described in divisions (D)(1) to (5) of this section: 27,341
(1) The enterprise currently has no operations in this 27,343
state and, subject to approval of the agreement, intends to 27,344
establish operations in the zone;
(2) The enterprise currently has operations in this state 27,346
and, subject to approval of the agreement, intends to establish 27,347
operations at a new location in the zone that would not result in 27,348
a reduction in the number of employee positions at any of the 27,349
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement, 27,351
623
intends to relocate operations, currently located in another 27,352
state, to the zone;
(4) The enterprise, subject to approval of the agreement, 27,354
intends to expand operations at an existing site in the zone that 27,355
the enterprise currently operates; 27,356
(5) The enterprise, subject to approval of the agreement, 27,358
intends to relocate operations, currently located in this state, 27,359
to the zone, and the director of development has issued a waiver 27,360
for the enterprise under division (B) of section 5709.633 of the 27,361
Revised Code.
The agreement shall require the enterprise to agree to 27,363
establish, expand, renovate, or occupy a facility in the zone and 27,364
hire new employees, or preserve employment opportunities for 27,365
existing employees, in return for one or more of the incentives 27,366
described in division (B) of this section.
(E) All agreements entered into under this section shall 27,368
be in the form prescribed under section 5709.631 of the Revised 27,369
Code. After an agreement under this section is entered into, if 27,370
the board of county commissioners revokes its designation of the 27,371
zone, or if the director of development revokes the zone's 27,372
certification, any entitlements granted under the agreement shall
continue for the number of years specified in the agreement. 27,373
(F) Except as otherwise provided in this paragraph, an 27,375
agreement entered into under this section shall require that the 27,376
enterprise pay an annual fee equal to the greater of one per cent 27,377
of the dollar value of incentives offered under the agreement or 27,378
five hundred dollars; provided, however, that if the value of the 27,379
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee 27,380
shall be payable to the board of commissioners once per year for 27,381
each year the agreement is effective on the days and in the form 27,382
specified in the agreement. Fees paid shall be deposited in a 27,383
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with 27,384
624
section 5709.68 of the Revised Code and by the tax incentive 27,385
review council created under section 5709.85 of the Revised Code 27,386
exclusively for the purposes of performing the duties prescribed 27,387
under that section. The board may waive or reduce the amount of 27,388
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax 27,389
incentive review council to comply with section 5709.68 or 27,390
5709.85 of the Revised Code, respectively. 27,391
(G) With the approval of the legislative authority of a 27,393
municipal corporation or the board of township trustees of a 27,394
township in which a zone is designated under division (A) of this 27,395
section, the board of county commissioners may delegate to that 27,396
legislative authority or board any powers and duties of the board 27,397
to negotiate and administer agreements with regard to that zone
under this section. 27,398
(H) When an agreement is entered into pursuant to this 27,400
section, the legislative authority authorizing the agreement 27,401
shall forward a copy of the agreement to the director of 27,402
development and to the tax commissioner within fifteen days after 27,403
the agreement is entered into. IF ANY AGREEMENT INCLUDES TERMS 27,404
NOT PROVIDED FOR IN SECTION 5709.631 OF THE REVISED CODE
AFFECTING THE REVENUE OF A CITY, LOCAL, OR EXEMPTED VILLAGE 27,406
SCHOOL DISTRICT OR CAUSING REVENUE TO BE FOREGONE BY THE
DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID TO THE SCHOOL 27,407
DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED CODE, THOSE 27,409
TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE DIRECTOR OF 27,410
DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT FORWARDED UNDER 27,411
THIS DIVISION.
(I) After an agreement is entered into, the enterprise 27,413
shall file with each personal property tax return required to be 27,414
filed while the agreement is in effect, an informational return, 27,415
on a form prescribed by the tax commissioner for that purpose, 27,416
setting forth separately the property, and related costs and
values, exempted from taxation under the agreement. 27,417
625
(J) Enterprises may agree to give preference to residents 27,419
of the zone within which the agreement applies relative to 27,420
residents of this state who do not reside in the zone when hiring 27,421
new employees under the agreement.
(K) An agreement entered into under this section may 27,423
include a provision requiring the enterprise to create one or 27,424
more temporary internship positions for students enrolled in a 27,425
course of study at a school or other educational institution in 27,426
the vicinity, and to create a scholarship or provide another form 27,427
of educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the 27,428
enterprise at the completion of the internship. 27,429
Sec. 5709.632. (A)(1) The legislative authority of a 27,438
municipal corporation defined by the United States office of 27,439
budget MANAGEMENT and management BUDGET as a central city of a 27,441
metropolitan statistical area may, in the manner set forth in 27,442
section 5709.62 of the Revised Code, designate one or more areas 27,443
in the municipal corporation as a proposed enterprise zone. 27,444
(2) With the consent of the legislative authority of each 27,446
affected municipal corporation or of a board of township 27,447
trustees, a board of county commissioners may, in the manner set 27,448
forth in section 5709.62 of the Revised Code, designate one or 27,449
more areas in one or more municipal corporations or in 27,450
unincorporated areas of the county as proposed urban jobs and 27,451
enterprise zones, except that a board of county commissioners may 27,452
designate no more than one area within a township, or within 27,453
adjacent townships, as a proposed urban jobs and enterprise zone. 27,454
(3) The legislative authority or board of county 27,456
commissioners may petition the director of development for 27,457
certification of the area as having the characteristics set forth 27,458
in division (A)(3) of section 5709.61 of the Revised Code. 27,459
Within sixty days after receiving such a petition, the director 27,460
shall determine whether the area has the characteristics set 27,461
forth in that division and forward the findings to the 27,462
626
legislative authority or board of county commissioners. If the 27,463
director certifies the area as having those characteristics and 27,464
thereby certifies it as a zone, the legislative authority or 27,465
board may enter into agreements with enterprises under division 27,466
(B) of this section. Any enterprise wishing to enter into an 27,467
agreement with a legislative authority or board of commissioners 27,468
under this section and satisfying one of the criteria described 27,469
in divisions (B)(1) to (5) of this section shall submit a 27,470
proposal to the legislative authority or board on the form 27,471
prescribed under division (B) of section 5709.62 of the Revised 27,472
Code and shall review and update the estimates and listings 27,473
required by the form in the manner required under that division. 27,474
The legislative authority or board may, on a separate form and at 27,475
any time, require any additional information necessary to 27,476
determine whether an enterprise is in compliance with an 27,477
agreement and to collect the information required to be reported 27,478
under section 5709.68 of the Revised Code. 27,479
(B) Prior to entering into an agreement with an 27,481
enterprise, the legislative authority or board of county 27,482
commissioners shall determine whether the enterprise submitting 27,483
the proposal is qualified by financial responsibility and 27,484
business experience to create and preserve employment 27,485
opportunities in the zone and to improve the economic climate of 27,486
the municipal corporation or municipal corporations or the 27,487
unincorporated areas in which the zone is located and to which 27,488
the proposal applies, and whether the enterprise satisfies one of 27,489
the following criteria: 27,490
(1) The enterprise currently has no operations in this 27,492
state and, subject to approval of the agreement, intends to 27,493
establish operations in the zone; 27,494
(2) The enterprise currently has operations in this state 27,496
and, subject to approval of the agreement, intends to establish 27,497
operations at a new location in the zone that would not result in 27,498
a reduction in the number of employee positions at any of the 27,499
627
enterprise's other locations in this state; 27,500
(3) The enterprise, subject to approval of the agreement, 27,502
intends to relocate operations, currently located in another 27,503
state, to the zone; 27,504
(4) The enterprise, subject to approval of the agreement, 27,506
intends to expand operations at an existing site in the zone that 27,507
the enterprise currently operates; 27,508
(5) The enterprise, subject to approval of the agreement, 27,510
intends to relocate operations, currently located in this state, 27,511
to the zone, and the director of development has issued a waiver 27,512
for the enterprise under division (B) of section 5709.633 of the 27,513
Revised Code. 27,514
(C) If the legislative authority or board determines that 27,516
the enterprise is so qualified and satisfies one of the criteria 27,517
described in divisions (B)(1) to (5) of this section, the 27,518
legislative authority or board may, after complying with section 27,519
5709.83 of the Revised Code and on or before June 30, 1999 2004, 27,521
and, in the case of a board of commissioners, with the consent of 27,523
the legislative authority of each affected municipal corporation
or of the board of township trustees: 27,524
(1) Enter, ENTER into an agreement with the enterprise 27,526
under which the enterprise agrees to establish, expand, renovate, 27,528
or occupy a facility in the zone and hire new employees, or 27,529
preserve employment opportunities for existing employees, in 27,530
return for the following incentives: 27,531
(a)(1) When the facility is located in a municipal 27,533
corporation, a legislative authority or board of commissioners 27,534
may enter into an agreement for one or more of the incentives 27,535
provided in division (C) of section 5709.62 of the Revised Code, 27,536
subject to division (D) of that section; 27,537
(b)(2) When the facility is located in an unincorporated 27,539
area, a board of commissioners may enter into an agreement for 27,540
one or more of the incentives provided in divisions (B)(1)(b), 27,541
(B)(2), and (B)(3) of section 5709.63 of the Revised Code, 27,542
628
subject to division (C) of that section. 27,543
(D) All agreements entered into under this section shall 27,545
be in the form prescribed under section 5709.631 of the Revised 27,546
Code. After an agreement under this section is entered into, if 27,547
the legislative authority or board of county commissioners 27,548
revokes its designation of the zone, or if the director of 27,549
development revokes the zone's certification, any entitlements 27,550
granted under the agreement shall continue for the number of 27,551
years specified in the agreement. 27,552
(E) Except as otherwise provided in this division, an 27,554
agreement entered into under this section shall require that the 27,555
enterprise pay an annual fee equal to the greater of one per cent 27,556
of the dollar value of incentives offered under the agreement or 27,557
five hundred dollars; provided, however, that if the value of the 27,558
incentives exceeds two hundred fifty thousand dollars, the fee 27,559
shall not exceed two thousand five hundred dollars. The fee 27,560
shall be payable to the legislative authority or board of 27,561
commissioners once per year for each year the agreement is 27,562
effective on the days and in the form specified in the agreement. 27,563
Fees paid shall be deposited in a special fund created for such 27,564
purpose by the legislative authority or board and shall be used 27,565
by the legislative authority or board exclusively for the purpose 27,566
of complying with section 5709.68 of the Revised Code and by the 27,567
tax incentive review council created under section 5709.85 of the 27,568
Revised Code exclusively for the purposes of performing the 27,569
duties prescribed under that section. The legislative authority 27,570
or board may waive or reduce the amount of the fee charged 27,571
against an enterprise, but such waiver or reduction does not 27,572
affect the obligations of the legislative authority or board or 27,573
the tax incentive review council to comply with section 5709.68 27,574
or 5709.85 of the Revised Code, respectively. 27,575
(F) With the approval of the legislative authority of a 27,577
municipal corporation or the board of township trustees of a 27,578
township in which a zone is designated under division (A)(2) of 27,579
629
this section, the board of county commissioners may delegate to 27,580
that legislative authority or board any powers and duties of the 27,581
board to negotiate and administer agreements with regard to that 27,582
zone under this section. 27,583
(G) When an agreement is entered into pursuant to this 27,585
section, the legislative authority or board of commissioners 27,586
authorizing the agreement shall forward a copy of the agreement 27,587
to the director of development and to the tax commissioner within 27,588
fifteen days after the agreement is entered into. IF ANY 27,590
AGREEMENT INCLUDES TERMS NOT PROVIDED FOR IN SECTION 5709.631 OF
THE REVISED CODE AFFECTING THE REVENUE OF A CITY, LOCAL, OR 27,591
EXEMPTED VILLAGE SCHOOL DISTRICT OR CAUSING REVENUE TO BE 27,592
FOREGONE BY THE DISTRICT, INCLUDING ANY COMPENSATION TO BE PAID 27,593
TO THE SCHOOL DISTRICT PURSUANT TO SECTION 5709.82 OF THE REVISED 27,595
CODE, THOSE TERMS ALSO SHALL BE FORWARDED IN WRITING TO THE 27,596
DIRECTOR OF DEVELOPMENT ALONG WITH THE COPY OF THE AGREEMENT 27,597
FORWARDED UNDER THIS DIVISION.
(H) After an agreement is entered into, the enterprise 27,599
shall file with each personal property tax return required to be 27,600
filed while the agreement is in effect, an informational return, 27,601
on a form prescribed by the tax commissioner for that purpose, 27,602
setting forth separately the property, and related costs and 27,603
values, exempted from taxation under the agreement. 27,604
(I) An agreement entered into under this section may 27,606
include a provision requiring the enterprise to create one or 27,607
more temporary internship positions for students enrolled in a 27,608
course of study at a school or other educational institution in 27,609
the vicinity, and to create a scholarship or provide another form 27,610
of educational financial assistance for students holding such a 27,611
position in exchange for the student's commitment to work for the 27,612
enterprise at the completion of the internship. 27,613
Sec. 5709.83. (A) Except as otherwise provided in 27,622
division (B) of this section, prior to taking formal action to 27,623
adopt or enter into any instrument granting a tax exemption under 27,625
630
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63, 27,626
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised 27,627
Code or formally approving an agreement under section 3735.671 of 27,628
the Revised Code, or prior to forwarding an application for a tax 27,629
exemption for residential property under section 3735.67 of the 27,630
Revised Code to the county auditor, the legislative authority of 27,631
the political subdivision or housing officer shall notify the 27,632
board of education of each CITY, LOCAL, EXEMPTED VILLAGE, OR 27,633
JOINT VOCATIONAL school district in which the proposed 27,634
tax-exempted property is located. The notice shall include a 27,635
copy of the instrument or application. The notice shall be 27,636
delivered not later than fourteen days prior to the day the 27,637
legislative authority takes formal action to adopt or enter into 27,638
the instrument, or not later than fourteen days prior to the day 27,639
the housing officer forwards the application to the county 27,640
auditor. If the board of education comments on the instrument or 27,641
application to the legislative authority or housing officer, the 27,642
legislative authority or housing officer shall consider the 27,643
comments. If the board of education OF THE CITY, LOCAL, OR 27,644
EXEMPTED VILLAGE SCHOOL DISTRICT so requests, the legislative 27,645
authority or the housing officer shall meet in person with a 27,646
representative designated by the board of education to discuss 27,647
the terms of the instrument or application. 27,648
(B) The notice otherwise required to be provided to boards 27,650
of education under division (A) of this section is not required 27,651
if the board has adopted a resolution waiving its right to 27,652
receive such notices, and that resolution remains in effect. If 27,653
a board of education adopts such a resolution, the board shall 27,654
cause a copy of the resolution to be certified to the legislative 27,655
authority. If the board of education rescinds such a resolution, 27,656
it shall certify notice of the rescission to the legislative
authority. A board of education may adopt such a resolution with 27,657
respect to any one or more counties, townships, or municipal 27,658
corporations situated in whole or in part within the school 27,659
631
district.
Sec. 5733.05. As used in this section, "qualified 27,668
research" means laboratory research, experimental research, and 27,669
other similar types of research; research in developing or 27,670
improving a product; or research in developing or improving the 27,671
means of producing a product. It does not include market 27,672
research, consumer surveys, efficiency surveys, management 27,673
studies, ordinary testing or inspection of materials or products 27,674
for quality control, historical research, or literary research. 27,675
"Product" as used in this paragraph does not include services or 27,676
intangible property. 27,677
The annual report determines the value of the issued and 27,680
outstanding shares of stock of the taxpayer, which under division 27,681
(A) or divisions (B) and (C) of this section is the base or 27,682
measure of the franchise tax liability. Such determination shall 27,683
be made as of the date shown by the report to have been the 27,684
beginning of the corporation's annual accounting period that 27,685
includes the first day of January of the tax year. For the 27,686
purposes of this chapter, the value of the issued and outstanding 27,688
shares of stock of any corporation that is a financial 27,690
institution shall be deemed to be the value as calculated in 27,692
accordance with division (A) of this section. For the purposes 27,694
of this chapter, the value of the issued and outstanding shares 27,695
of stock of any corporation that is not a financial institution 27,696
shall be deemed to be the values as calculated in accordance with 27,697
divisions (B) and (C) of this section. 27,698
(A) The total value, as shown by the books of the 27,700
financial institution, of its capital, surplus, whether earned or 27,702
unearned, undivided profits, and reserves shall be determined as 27,704
prescribed by section 5733.056 of the Revised Code for tax years 27,705
1998 and thereafter. 27,706
(B) The sum of the corporation's net income during the 27,708
corporation's taxable year, allocated or apportioned to this 27,710
state as prescribed in divisions (B)(1) and (2) of this section, 27,712
632
and subject to sections 5733.052, 5733.053, 5733.057, and 27,713
5733.058 of the Revised Code:
(1) The net income allocated to this state as provided by 27,715
section 5733.051 of the Revised Code. 27,716
(2) The amount of Ohio apportioned net income from sources 27,718
other than those allocated under section 5733.051 of the Revised 27,719
Code, which shall be determined by multiplying the corporation's 27,720
net income by a fraction. The numerator of the fraction is the 27,722
sum of the following products: the property factor multiplied by 27,725
twenty, the payroll factor multiplied by twenty, and the sales 27,726
factor multiplied by sixty. The denominator of the fraction is 27,728
one hundred, provided that the denominator shall be reduced by 27,730
twenty if the property factor has a denominator of zero, by 27,732
twenty if the payroll factor has a denominator of zero, and by 27,733
sixty if the sales factor has a denominator of zero.
The property, payroll, and sales factors shall be 27,735
determined as follows:
(a) The property factor is a fraction the numerator of 27,737
which is the average value of the corporation's real and tangible 27,738
personal property owned or rented, and used in the trade or 27,739
business in this state during the taxable year, and the 27,740
denominator of which is the average value of all the 27,741
corporation's real and tangible personal property owned or 27,742
rented, and used in the trade or business everywhere during such 27,743
year. There shall be excluded from the numerator and denominator 27,744
of the property factor the original cost of all of the following 27,745
property within Ohio: property with respect to which a 27,746
"pollution control facility" certificate has been issued pursuant 27,747
to section 5709.21 of the Revised Code; property with respect to 27,748
which an "industrial water pollution control certificate" has 27,749
been issued pursuant to section 6111.31 of the Revised Code; and 27,750
property used exclusively during the taxable year for qualified 27,751
research. 27,752
(i) Property owned by the corporation is valued at its 27,754
633
original cost. Property rented by the corporation is valued at 27,755
eight times the net annual rental rate. "Net annual rental rate" 27,756
means the annual rental rate paid by the corporation less any 27,757
annual rental rate received by the corporation from subrentals. 27,758
(ii) The average value of property shall be determined by 27,760
averaging the values at the beginning and the end of the taxable 27,761
year, but the tax commissioner may require the averaging of 27,762
monthly values during the taxable year, if reasonably required to 27,763
reflect properly the average value of the corporation's property. 27,764
(b) The payroll factor is a fraction the numerator of 27,766
which is the total amount paid in this state during the taxable 27,767
year by the corporation for compensation, and the denominator of 27,768
which is the total compensation paid everywhere by the 27,769
corporation during such year. There shall be excluded from the 27,770
numerator and the denominator of the payroll factor the total 27,771
compensation paid in this state to employees who are primarily 27,772
engaged in qualified research. 27,773
(i) Compensation means any form of remuneration paid to an 27,775
employee for personal services. 27,776
(ii) Compensation is paid in this state if: (1) the 27,778
recipient's service is performed entirely within this state, (2) 27,779
the recipient's service is performed both within and without this 27,780
state, but the service performed without this state is incidental 27,781
to the recipient's service within this state, (3) some of the 27,782
service is performed within this state and either the base of 27,783
operations, or if there is no base of operations, the place from 27,784
which the service is directed or controlled is within this state, 27,785
or the base of operations or the place from which the service is 27,786
directed or controlled is not in any state in which some part of 27,787
the service is performed, but the recipient's residence is in 27,788
this state. 27,789
(iii) Compensation is paid in this state to any employee 27,791
of a common or contract motor carrier corporation, who performs 27,792
the employee's regularly assigned duties on a motor vehicle in 27,794
634
more than one state, in the same ratio by which the mileage 27,795
traveled by such employee within the state bears to the total 27,796
mileage traveled by such employee everywhere during the taxable 27,797
year.
(c) The sales factor is a fraction the numerator of which 27,799
is the total sales in this state by the corporation during the 27,800
taxable year, and the denominator of which is the total sales by 27,801
the corporation everywhere during such year. In determining the 27,802
numerator and denominator of the sales factor, receipts from the 27,803
sale or other disposal of a capital asset or an asset described 27,804
in section 1231 of the Internal Revenue Code shall be eliminated. 27,805
Also, in determining the numerator and denominator of the sales 27,806
factor, in the case of a reporting corporation owning at least 27,807
eighty per cent of the issued and outstanding common stock of one 27,808
or more public utilities or insurance companies, or owning at 27,809
least twenty-five per cent of the issued and outstanding common 27,810
stock of one or more financial institutions, receipts received by 27,811
the reporting corporation from such utilities, insurance 27,812
companies, and financial institutions shall be eliminated. 27,813
For the purpose of this section and section 5733.03 of the 27,815
Revised Code, sales of tangible personal property are in this 27,816
state where such property is received in this state by the 27,817
purchaser. In the case of delivery of tangible personal property 27,818
by common carrier or by other means of transportation, the place 27,819
at which such property is ultimately received after all 27,820
transportation has been completed shall be considered as the 27,821
place at which such property is received by the purchaser. 27,822
Direct delivery in this state, other than for purposes of 27,823
transportation, to a person or firm designated by a purchaser 27,824
constitutes delivery to the purchaser in this state, and direct 27,825
delivery outside this state to a person or firm designated by a 27,826
purchaser does not constitute delivery to the purchaser in this 27,827
state, regardless of where title passes or other conditions of 27,828
sale. 27,829
635
Sales, other than sales of tangible personal property, are 27,831
in this state if either: 27,832
(i) The income-producing activity is performed solely in 27,834
this state; 27,835
(ii) The income-producing activity is performed both 27,837
within and without this state and a greater proportion of the 27,838
income-producing activity is performed within this state than in 27,840
any other state, based on costs of performance. 27,841
(d) If the allocation and apportionment provisions of 27,843
division (B) of this section do not fairly represent the extent 27,845
of the taxpayer's business activity in this state, the taxpayer 27,846
may request, which request must be in writing and must accompany 27,847
the report, timely filed petition for reassessment, or timely 27,848
filed amended report, or the tax commissioner may require, in 27,849
respect to all or any part of the taxpayer's allocated or 27,850
apportioned base, if reasonable, any one or more of the 27,851
following:
(i) Separate accounting; 27,853
(ii) The exclusion of any one or more of the factors; 27,855
(iii) The inclusion of one or more additional factors 27,857
which will fairly represent the taxpayer's allocated or 27,858
apportioned base in this state. 27,859
An alternative method will be effective only with approval 27,861
by the tax commissioner. 27,862
Nothing in this section shall be construed to extend any 27,864
statute of limitations set forth in this chapter. 27,865
(C)(1) Subject to divisions (C)(2) and (3) of this 27,868
section, the total value, as shown on the books of each
corporation that is not a qualified holding company, of the net 27,869
book value of a corporation's assets less the net carrying value 27,871
of its liabilities, AND EXCLUDING FROM THE CORPORATION'S ASSETS 27,872
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS OF THE FIRST 27,873
MONDAY OF JUNE IN THE CORPORATION'S TAXABLE YEAR AS DETERMINED BY 27,874
THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE LAND IS LOCATED
636
PURSUANT TO SECTION 5713.31 OF THE REVISED CODE. For the 27,875
purposes of determining that total value, any reserves shown on 27,876
the corporation's books shall be considered liabilities or contra 27,877
assets except for any reserves that are deemed appropriations of 27,878
retained earnings under generally accepted accounting principles. 27,879
(2)(a) If, on the last day of the taxpayer's taxable year 27,882
preceding the tax year, the taxpayer is a related member to a 27,883
corporation that elects to be a qualifying holding company for 27,884
the tax year beginning after the last day of the taxpayer's 27,885
taxable year, or if, on the last day of the taxpayer's taxable 27,886
year preceding the tax year, a corporation that elects to be a 27,887
qualifying holding company for the tax year beginning after the 27,888
last day of the taxpayer's taxable year is a related member to 27,889
the taxpayer, then the taxpayer's total value shall be adjusted 27,890
by the qualifying amount. Except as otherwise provided under 27,891
division (C)(2)(b) of this section, "qualifying amount" means the 27,892
amount that, when added to the taxpayer's total value, and when 27,894
subtracted from the net carrying value of the taxpayer's 27,895
liabilities computed without regard to division (C)(2) of this 27,897
section, or when subtracted from the taxpayer's total value and 27,899
when added to the net carrying value of the taxpayer's 27,900
liabilities computed without regard to division (C)(2) of this 27,902
section, results in the taxpayer's debt-to-equity ratio equaling 27,903
the debt-to-equity ratio of the qualifying controlled group on 27,904
the last day of the taxable year ending prior to the first day of 27,905
the tax year computed on a consolidated basis in accordance with 27,907
general accepted accounting principles. For the purposes of 27,908
division (C)(2)(a) of this section, the corporation's total 27,909
value, after the adjustment required by that division, shall not 27,910
exceed the net book value of the corporation's assets. 27,911
(b)(i) The amount added to the taxpayer's total value and 27,914
subtracted from the net carrying value of the taxpayer's 27,915
liabilities shall not exceed the amount of the net carrying value 27,916
of the taxpayer's liabilities owed to the taxpayer's related 27,918
637
members.
(ii) A liability owed to the taxpayer's related members 27,920
includes, but is not limited to, any amount that the corporation 27,922
owes to a person that is not a related member if the 27,923
corporation's related member or related members in whole or in 27,924
part guarantee any portion or all of that amount, or pledge, 27,925
hypothecate, mortgage, or carry out any similar transactions to 27,926
secure any portion or all of that amount. 27,927
(3) The base upon which the tax is levied under division 27,929
(C) of section 5733.06 of the Revised Code shall be computed by 27,931
multiplying the amount determined under divisions (C)(1) and (2) 27,933
of this section by the fraction determined under divisions 27,934
(B)(2)(a) to (c) of this section and, if applicable, divisions 27,937
(B)(2)(d)(ii) to (iv) of this section but without regard to 27,939
section 5733.052 of the Revised Code. 27,940
(4) For purposes of division (C) of this section, "related 27,944
member" has the same meaning as in division (A)(6) of section 27,945
5733.042 of the Revised Code without regard to division (B) of 27,946
that section.
Sec. 5733.33. (A) As used in this section: 27,955
(1) "Manufacturing machinery and equipment" means engines 27,957
and machinery, and tools and implements, of every kind used, or 27,958
designed to be used, in refining and manufacturing. 27,959
(2) "New manufacturing machinery and equipment" means 27,961
manufacturing machinery and equipment, the original use in this 27,962
state of which commences with the taxpayer or with a partnership 27,963
of which the taxpayer is a partner. 27,964
(3)(a) "Purchase" has the same meaning as in section 27,966
179(d)(2) of the Internal Revenue Code. 27,967
(b) Any purchase, for FOR purposes of this section, ANY 27,969
PROPERTY THAT IS NOT MANUFACTURED OR ASSEMBLED PRIMARILY BY THE 27,970
TAXPAYER is considered to occur PURCHASED at the time the 27,972
agreement to acquire the property to be purchased becomes 27,974
binding. ANY PROPERTY THAT IS MANUFACTURED OR ASSEMBLED 27,975
638
PRIMARILY BY THE TAXPAYER IS CONSIDERED PURCHASED AT THE TIME THE 27,976
TAXPAYER PLACES THE PROPERTY IN SERVICE IN THE COUNTY FOR WHICH
THE TAXPAYER WILL CALCULATE THE COUNTY EXCESS AMOUNT. 27,977
(c) Notwithstanding section 179(d) of the Internal Revenue 27,979
Code, a taxpayer's direct or indirect acquisition of new 27,980
manufacturing machinery and equipment is not purchased on or 27,981
after July 1, 1995, if the taxpayer, or a person whose 27,982
relationship to the taxpayer is described in subparagraphs (A), 27,983
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 27,984
had directly or indirectly entered into a binding agreement to 27,985
acquire the property at any time prior to July 1, 1995. 27,986
(4) "Qualifying period" means the period that begins July 27,988
1, 1995, and ends December 31, 2000 2005. 27,989
(5) "County average new manufacturing machinery and 27,991
equipment investment" means either of the following: 27,992
(a) The average annual cost of new manufacturing machinery 27,995
and equipment purchased for use in the county during baseline 27,996
years, in the case of a taxpayer or partnership that was in 27,997
existence for more than one year during baseline years. 27,998
(b) Zero, in the case of a taxpayer or partnership that 28,000
was not in existence for more than one year during baseline 28,001
years. 28,002
(6) "Partnership" includes a limited liability company 28,005
formed under Chapter 1705. of the Revised Code or under the laws 28,007
of any other state, provided that the company is not classified 28,008
for federal income tax purposes as an association taxable as a 28,009
corporation. 28,010
(7) "Partner" includes a member of a limited liability 28,012
company formed under Chapter 1705. of the Revised Code or under 28,014
the laws of any other state, provided that the company is not 28,015
classified for federal income tax purposes as an association 28,016
taxable as a corporation. 28,017
(8) "Distressed area" means either a municipal corporation 28,019
that has a population of at least fifty thousand or a county that 28,021
639
meets two of the following criteria of economic distress, or a 28,022
municipal corporation the majority of the population of which is 28,023
situated in such a county:
(a) Its average rate of unemployment, during the most 28,026
recent five-year period for which data are available, is equal to 28,027
at least one hundred twenty-five per cent of the average rate of 28,028
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 28,031
per cent of the median county per capita income of the United 28,032
States as determined by the most recently available figures from 28,033
the United States census bureau; 28,034
(c)(i) In the case of a municipal corporation, at least 28,037
twenty per cent of the residents have a total income for the most 28,038
recent census year that is below the official poverty line; 28,039
(ii) In the case of a county, in intercensal years, the 28,042
county has a ratio of transfer payment income to total county 28,043
income equal to or greater than twenty-five per cent. 28,044
(9) "Eligible area" means a distressed area, a labor 28,046
surplus area, an inner city area, or a situational distress area. 28,048
(10) "Inner city area" means, in a municipal corporation 28,050
that has a population of at least one hundred thousand and does 28,051
not meet the criteria of a labor surplus area or a distressed 28,052
area, targeted investment areas established by the municipal 28,053
corporation within its boundaries that are comprised of the most 28,054
recent census block tracts that individually have at least twenty 28,055
per cent of their population at or below the state poverty level 28,056
or other census block tracts contiguous to such census block 28,057
tracts.
(11) "Labor surplus area" means an area designated as a 28,059
labor surplus area by the United States department of labor. 28,061
(12) "Official poverty line" has the same meaning as in 28,063
division (A) of section 3923.51 of the Revised Code. 28,064
(13) "Situational distress area" means a county or a 28,066
municipal corporation that has experienced or is experiencing a 28,067
640
closing or downsizing of a major employer, that will adversely 28,068
affect the county's or municipal corporation's economy. In order 28,070
to be designated as a situational distress area for a period not 28,071
to exceed thirty-six months, the county or municipal corporation 28,072
may petition the director of development. The petition shall 28,073
include written documentation that demonstrates all of the 28,074
following adverse effects on the local economy: 28,075
(a) The number of jobs lost by the closing or downsizing; 28,077
(b) The impact that the job loss has on the county's or 28,080
municipal corporation's unemployment rate as measured by the Ohio 28,081
bureau of employment services; 28,082
(c) The annual payroll associated with the job loss; 28,084
(d) The amount of state and local taxes associated with 28,086
the job loss;
(e) The impact that the closing or downsizing has on the 28,088
suppliers located in the county or municipal corporation. 28,089
(14) "Cost" has the same meaning and limitation as in 28,091
section 179(d)(3) of the Internal Revenue Code. 28,092
(15) "Baseline years" means: 28,094
(a) Calendar years 1992, 1993, and 1994, with regard to a 28,096
credit claimed for the purchase during calendar year 1995, 1996, 28,097
1997, or 1998 of new manufacturing machinery and equipment; 28,098
(b) Calendar years 1993, 1994, and 1995, with regard to a 28,100
credit claimed for the purchase during calendar year 1999 of new 28,101
manufacturing machinery and equipment; 28,102
(c) Calendar years 1994, 1995, and 1996, with regard to a 28,104
credit claimed for the purchase during calendar year 2000 of new 28,105
manufacturing machinery and equipment; 28,106
(d) CALENDAR YEARS 1995, 1996, AND 1997, WITH REGARD TO A 28,108
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2001 OF NEW 28,109
MANUFACTURING MACHINERY AND EQUIPMENT; 28,110
(e) CALENDAR YEARS 1996, 1997, AND 1998, WITH REGARD TO A 28,112
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2002 OF NEW 28,113
MANUFACTURING MACHINERY AND EQUIPMENT; 28,114
641
(f) CALENDAR YEARS 1997, 1998, AND 1999, WITH REGARD TO A 28,116
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2003 OF NEW 28,117
MANUFACTURING MACHINERY AND EQUIPMENT; 28,118
(g) CALENDAR YEARS 1998, 1999, AND 2000, WITH REGARD TO A 28,120
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2004 OF NEW 28,121
MANUFACTURING MACHINERY AND EQUIPMENT; 28,122
(h) CALENDAR YEARS 1999, 2000, AND 2001, WITH REGARD TO A 28,124
CREDIT CLAIMED FOR THE PURCHASE DURING CALENDAR YEAR 2005 OF NEW 28,125
MANUFACTURING MACHINERY AND EQUIPMENT; 28,126
(16) "RELATED MEMBER" HAS THE SAME MEANING AS IN SECTION 28,128
5733.042 OF THE REVISED CODE.
(B)(1) A SUBJECT TO DIVISION (I) OF THIS SECTION, A 28,130
nonrefundable credit is allowed against the tax imposed by 28,132
section 5733.06 of the Revised Code for a taxpayer that purchases 28,133
new manufacturing machinery and equipment during the qualifying 28,134
period, provided that the new manufacturing machinery and 28,135
equipment are installed in this state no later than December 31, 28,137
2001 2006.
(2) The credit is also available to a taxpayer that is a 28,139
partner in a partnership that purchases new manufacturing 28,140
machinery and equipment during the qualifying period, provided 28,141
that the partnership installs the new manufacturing machinery and 28,142
equipment in this state no later than December 31, 2001 2006. 28,143
The taxpayer shall determine the credit amount as provided in 28,145
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 28,147
of this section, a credit may be claimed under this section in 28,148
excess of one million dollars only if the cost of all 28,149
manufacturing machinery and equipment owned in this state by the 28,150
taxpayer claiming the credit on the last day of the calendar year 28,151
exceeds the cost of all manufacturing machinery and equipment 28,152
owned in this state by the taxpayer on the first day of that 28,153
calendar year.
As used in division (B)(3)(a) of this section, "calendar 28,156
642
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 28,157
(b) Division (B)(3)(a) of this section does not apply if 28,160
the taxpayer claiming the credit applies for and is issued a 28,161
waiver of the requirement of that division. A taxpayer may apply 28,162
to the director of the department of development for such a 28,163
waiver in the manner prescribed by the director, and the director 28,164
may issue such a waiver if the director determines that granting 28,165
the credit is necessary to increase or retain employees in this 28,167
state, and that the credit has not caused relocation of 28,168
manufacturing machinery and equipment among counties within this 28,169
state for the primary purpose of qualifying for the credit. 28,170
(C)(1) Except as otherwise provided in division (C)(2) AND 28,173
DIVISION (I) of this section, the credit amount is equal to seven 28,174
and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 28,176
calendar year for use in a county over the county average new 28,177
manufacturing machinery and equipment investment for that county. 28,178
(2) As SUBJECT TO DIVISION (I) OF THIS SECTION, AS used in 28,181
division (C)(2) of this section, "county excess" means the 28,182
taxpayer's excess cost for a county as computed under division 28,183
(C)(1) of this section.
For SUBJECT TO DIVISION (I) OF THIS SECTION, a taxpayer 28,186
with a county excess, whose purchases included purchases for use 28,187
in any eligible area in the county, the credit amount is equal to 28,188
thirteen and one-half per cent of the cost of the new 28,189
manufacturing machinery and equipment purchased during the 28,190
calendar year for use in the eligible areas in the county, 28,191
provided that the cost subject to the thirteen and one-half per 28,192
cent rate shall not exceed the county excess. If the county 28,193
excess is greater than the cost of the new manufacturing 28,194
machinery and equipment purchased during the calendar year for 28,196
use in eligible areas in the county, the credit amount also shall 28,197
include an amount equal to seven and one-half per cent of the 28,198
643
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 28,200
manufacturing machinery and equipment in more than one county or 28,201
eligible area, it shall aggregate the amount of those credits 28,202
each year.
(4) The taxpayer shall claim one-seventh of the credit 28,204
amount for the tax year immediately following the calendar year 28,205
in which the new manufacturing machinery and equipment is 28,206
purchased for use in the county by the taxpayer or partnership. 28,208
One-seventh of the taxpayer credit amount is allowed for each of 28,209
the six ensuing tax years. Except for carried-forward amounts, 28,210
the taxpayer is not allowed any credit amount remaining if the 28,211
new manufacturing machinery and equipment is sold by the taxpayer 28,213
or partnership or is transferred by the taxpayer or partnership 28,214
out of the county before the end of the seven-year period. 28,215
(5)(a) A taxpayer that acquires manufacturing machinery 28,217
and equipment as a result of a merger with the taxpayer with whom 28,219
commenced the original use in this state of the manufacturing 28,220
machinery and equipment, or with a taxpayer that was a partner in 28,221
a partnership with whom commenced the original use in this state 28,222
of the manufacturing machinery and equipment, is entitled to any 28,223
remaining or carried-forward credit amounts to which the taxpayer 28,224
was entitled.
(b) A taxpayer that enters into an agreement under 28,226
division (C)(3) of section 5709.62 of the Revised Code and that 28,227
acquires manufacturing machinery or equipment as a result of 28,229
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 28,230
commenced the original use in this state of the manufacturing 28,232
machinery or equipment, and that operates the large manufacturing 28,233
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 28,234
sold the facility would have been entitled under this section had 28,236
the other taxpayer not sold the manufacturing facility or 28,237
644
equipment.
(c) New manufacturing machinery and equipment is not 28,240
considered sold if a pass-through entity transfers to another 28,241
pass-through entity substantially all of its assets as part of a 28,242
plan of reorganization under which substantially all gain and 28,243
loss is not recognized by the pass-through entity that is 28,244
transferring the new manufacturing machinery and equipment to the 28,245
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 28,246
in part, by reference to the basis of the pass-through entity 28,247
which transferred the new manufacturing machinery and equipment 28,248
to the transferee. 28,249
(d) Division (C)(5) of this section shall apply only if 28,251
the acquiring taxpayer or transferee does not sell the new 28,253
manufacturing machinery and equipment or transfer the new 28,254
manufacturing machinery and equipment out of the county before 28,255
the end of the seven-year period to which division (C)(4) of this 28,256
section refers.
(e) Division (C)(5)(b) of this section applies only to the 28,259
extent that the taxpayer that sold the manufacturing machinery or 28,260
equipment, upon request, timely provides to the tax commissioner 28,261
any information that the tax commissioner considers to be 28,262
necessary to ascertain any remaining or carried-forward amounts 28,263
to which the taxpayer that sold the facility would have been 28,264
entitled under this section had the taxpayer not sold the 28,265
manufacturing machinery or equipment. Nothing in division 28,266
(C)(5)(b) or (e) of this section shall be construed to allow a 28,268
taxpayer to claim any credit amount with respect to the acquired 28,269
manufacturing machinery or equipment that is greater than the 28,270
amount that would have been available to the other taxpayer that 28,271
sold the manufacturing machinery or equipment had the other 28,272
taxpayer not sold the manufacturing machinery or equipment. 28,273
(D) The taxpayer shall claim the credit in the order 28,276
required under section 5733.98 of the Revised Code. Each year, 28,277
645
any credit amount in excess of the tax due under section 5733.06 28,278
of the Revised Code after allowing for any other credits that 28,280
precede the credit under this section in that order may be 28,281
carried forward for three tax years. 28,282
(E) A taxpayer purchasing new manufacturing machinery and 28,285
equipment and intending to claim the credit shall file, with the 28,286
department of development, a notice of intent to claim the credit 28,287
on a form prescribed by the department of development. The 28,288
department of development shall inform the tax commissioner of 28,289
the notice of intent to claim the credit. 28,290
(F) The director of development shall annually certify, by 28,293
the first day of January of each year during the qualifying 28,294
period, the eligible areas for the tax credit for the calendar 28,295
year that includes that first day of January. The director shall 28,296
send a copy of the certification to the tax commissioner. 28,297
(G) New manufacturing machinery and equipment for which a 28,299
taxpayer claims the credit under section 5733.31, 5733.311, 28,301
5747.26, or 5747.261 of the Revised Code shall not be considered 28,303
new manufacturing machinery and equipment for purposes of the 28,304
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 28,306
partnership, the county average new manufacturing machinery and 28,307
equipment investment shall be determined based on the number of 28,308
years, if any, the partnership was in existence during baseline 28,309
years. In determining the county average new manufacturing 28,310
machinery and equipment investment, the excess of the cost of new 28,311
manufacturing machinery and equipment purchased during the 28,312
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 28,313
taxpayer's distributive PROPORTIONATE share of the cost of new 28,314
manufacturing machinery and equipment purchased by a partnership 28,316
in which the corporation had a direct or indirect investment 28,317
during the calendar year prior to the first day of a tax year for 28,318
which the taxpayer is claiming the credit. These determinations 28,319
646
and calculations shall be made for the taxpayer's calendar year 28,320
during which the partnership made the purchase. 28,321
(2) Nothing in this section shall be construed to limit or 28,323
disallow pass-through treatment of a pass-through entity's 28,324
income, deductions, credits, or other amounts necessary to 28,325
compute the tax imposed by section 5733.06 of the Revised Code 28,326
and the credits allowed by this chapter. 28,327
(I) IN THE CASE OF A TAXPAYER HAVING A RELATED MEMBER OR A 28,329
GROUP OF TAXPAYERS HAVING A RELATED MEMBER, THE CREDIT AVAILABLE 28,330
UNDER THIS SECTION TO THE TAXPAYER OR GROUP OF TAXPAYERS SHALL BE 28,331
COMPUTED AS IF THE TAXPAYER OR ALL TAXPAYERS OF THE GROUP AND ALL 28,332
SUCH RELATED MEMBERS WERE A CONSOLIDATED, SINGLE TAXPAYER. THE 28,333
CREDIT SHALL BE ALLOCATED TO SUCH TAXPAYER OR TO SUCH GROUP OF 28,334
TAXPAYERS IN ANY AMOUNT ELECTED FOR THE TAXABLE YEAR BY THE
TAXPAYER OR GROUP. SUCH ELECTION SHALL BE REVOCABLE AND 28,335
AMENDABLE DURING THE PERIOD DESCRIBED IN DIVISION (B) OF SECTION 28,336
5733.12 OF THE REVISED CODE WITH RESPECT TO THE TAX IMPOSED BY 28,337
SECTION 5733.06 OF THE REVISED CODE AND THE PERIOD DESCRIBED IN
DIVISION (B) OF SECTION 5747.11 OF THE REVISED CODE WITH RESPECT 28,338
TO THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED CODE. 28,339
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO TREAT AS A PURCHASE 28,340
THE ACQUISITION OF NEW MANUFACTURING MACHINERY AND EQUIPMENT IF
SUCH PURCHASE WOULD NOT QUALIFY AS A PURCHASE OF NEW 28,342
MANUFACTURING MACHINERY AND EQUIPMENT WITHOUT REGARD TO THE
CONSOLIDATION REQUIREMENT SET FORTH IN THIS SECTION. 28,343
Sec. 5739.31. (A)(1) No person shall engage in the 28,352
business of selling at retail or sell at retail incidental to any 28,353
other regularly conducted business without having a license 28,354
therefor, as required by sections 5739.01 to 5739.31 of the 28,355
Revised Code. 28,356
(2) No person shall engage in the business of selling at 28,358
retail as a transient vendor, as defined in division (B) of 28,359
section 5739.17 of the Revised Code, without first having 28,360
obtained a license as required by that section. 28,361
647
(3) No person shall engage in the business of selling at 28,363
retail as a limited vendor as defined in division (B) of section 28,364
5739.17 of the Revised Code, without first having a license as 28,365
required by that section. 28,366
(B) No person shall continue to engage in the business of 28,368
selling at retail or sell at retail incidental to any other 28,369
regularly conducted business after the license issued to that 28,370
person pursuant to section 5739.17 of the Revised Code has been 28,371
revoked under section 5739.19 of the Revised Code or while the 28,372
license is suspended by the tax commissioner under division 28,373
(B)(2) of section 5739.30 of the Revised Code, nor shall any 28,374
person obtain a new license from the county auditor OR THE TAX 28,375
COMMISSIONER while such revocation or suspension is in effect. 28,377
If a corporation's license has been revoked or suspended, none of 28,378
its officers, or employees having control or supervision of or 28,379
charged with the responsibility of filing returns and making 28,380
payments of tax due, shall obtain a license from the county 28,381
auditor OR THE TAX COMMISSIONER during the period of such 28,383
revocation or suspension.
Sec. 5743.08. Whenever the tax commissioner discovers any 28,392
cigarettes, subject to the taxes levied under section 5743.02, 28,393
5743.023, 5743.024, or 5743.026 of the Revised Code, and upon 28,395
which the taxes have not been paid, the commissioner may seize 28,396
and take possession of such cigarettes, which shall thereupon be 28,397
forfeited to the state, and the commissioner may within a 28,398
reasonable time thereafter, by a notice posted upon the premises 28,399
where such seizure is made, or by publication in some newspaper 28,400
having circulation in the county in which such seizure is made, 28,401
at least five days before the day of the sale, sell such THE 28,402
forfeited cigarettes, and from. FROM the proceeds of such THE 28,405
sale, THE TAX COMMISSIONER shall collect the taxes due thereon, 28,407
together with a penalty of one hundred per cent and PAY the costs 28,408
incurred in such proceedings, and pay the balance to the person 28,409
in whose possession such forfeited cigarettes were found ANY 28,410
648
PROCEEDS REMAINING AFTER THE COSTS ARE PAID SHALL BE CONSIDERED 28,411
AS REVENUE ARISING FROM THE TAX; provided that such THE seizure 28,413
and sale shall not be deemed to relieve any person from the fine 28,414
or imprisonment provided for violation of sections 5743.01 to 28,415
5743.20 of the Revised Code. Such THE sale shall be made in the 28,416
county where it is most convenient and economical. Except to the 28,418
extent that any county or convention facilities authority tax was 28,419
owed on such cigarettes, money collected under this section shall 28,421
be paid into the state treasury. If any county or convention 28,422
facilities authority tax was owed on such cigarettes, an amount 28,423
equal to the amount of the county or convention facilities 28,424
authority tax owed shall be paid to the county or convention 28,425
facilities authority levying the tax. The tax commissioner may 28,426
order the destruction of the forfeited cigarettes if the quantity 28,427
OR QUALITY of THE cigarettes is not sufficient to warrant their 28,429
sale.
Sec. 5743.14. (A) THE TAX COMMISSIONER MAY INSPECT ANY 28,438
PLACE WHERE CIGARETTES SUBJECT TO THE TAX LEVIED UNDER SECTION 28,439
5743.02, 5743.023, 5743.024, OR 5743.026 OF THE REVISED CODE ARE 28,440
SOLD OR STORED.
(B) No person shall prevent or hinder the tax commissioner 28,442
from making a full inspection of any place where cigarettes 28,443
subject to the tax levied under section 5743.02, 5743.023, 28,444
5743.024, or 5743.026 of the Revised Code are sold or stored, or 28,446
prevent or hinder the full inspection of invoices, books,
records, or papers required to be kept by sections 5743.01 to 28,447
5743.20 of the Revised Code. 28,448
Sec. 5743.55. Whenever the tax commissioner discovers any 28,457
tobacco products, subject to the tax levied under section 28,458
5743.51, 5743.62, or 5743.63 of the Revised Code, and upon which 28,459
the tax has not been paid or the commissioner has reason to 28,460
believe the tax is being avoided, the commissioner may seize and 28,461
take possession of the tobacco products, which, upon seizure, 28,462
shall be forfeited to the state. Within a reasonable time after 28,463
649
seizure, the commissioner may sell the forfeited tobacco 28,465
products, by a notice posted upon the premises where the seizure
is made or by publication in a newspaper of general circulation 28,466
in the county in which this seizure is made at least five days 28,467
before the day of the sale. The. FROM THE proceeds from OF this 28,469
sale, THE TAX COMMISSIONER SHALL PAY THE COSTS INCURRED IN THE 28,470
SEIZURE AND SALE, AND ANY PROCEEDS REMAINING AFTER THE SALE shall 28,471
be considered as revenue arising from the tax. The seizure and 28,472
sale shall not relieve any person from the fine or imprisonment 28,473
provided for violation of sections 5743.51 to 5743.66 of the 28,474
Revised Code. The commissioner shall make the sale in the county 28,475
where it is most convenient and economical, but may order the 28,476
destruction of the forfeited tobacco products if the quantity or 28,477
quality of tobacco products is not sufficient to warrant their 28,478
sale. 28,479
Sec. 5743.59. (A) No retail dealer of tobacco products 28,488
shall have in his THE RETAIL DEALER'S possession tobacco products 28,490
on which the tax imposed by section 5743.51 of the Revised Code 28,491
has not been paid, unless the retail dealer is licensed under
section 5743.61 of the Revised Code. Payment may be evidenced by 28,492
invoices from distributors stating the tax has been paid. 28,494
(B) THE TAX COMMISSIONER MAY INSPECT ANY PLACE WHERE 28,496
TOBACCO PRODUCTS SUBJECT TO THE TAX LEVIED UNDER SECTION 5743.51 28,497
OF THE REVISED CODE ARE SOLD OR STORED.
(C) No person shall prevent or hinder the tax commissioner 28,499
from making a full inspection of any place where tobacco products 28,501
subject to the tax imposed by section 5743.51 of the Revised Code 28,502
are sold or stored, or prevent or hinder the full inspection of 28,503
invoices, books, or records required to be kept by section 28,504
5743.54 of the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10, 28,513
5743.11, 5743.12, or division (C) of section 5743.54 of the 28,514
Revised Code is guilty of a misdemeanor of the first degree. If 28,515
the offender has been previously convicted of an offense under 28,516
650
this division, violation is a felony of the fourth degree. 28,517
(B) Whoever violates section 5743.111, 5743.112, 5743.13, 28,519
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a 28,520
felony of the fourth degree. If the offender has been previously 28,522
convicted of an offense under this division, violation is a 28,523
felony of the second degree. 28,524
(C) Whoever violates section 5743.41 or 5743.42 of the 28,526
Revised Code is guilty of a misdemeanor of the fourth degree. If 28,527
the offender has been previously convicted of an offense under 28,528
this division, violation is a misdemeanor of the third degree. 28,529
(D) Whoever violates any provision of this chapter, or any 28,531
rule promulgated by the tax commissioner under authority of this 28,532
chapter, for the violation of which no penalty is provided 28,533
elsewhere, is guilty of a misdemeanor of the fourth degree. 28,534
(E) In addition to any other penalty imposed upon a person 28,536
convicted of a violation of section 5743.112 or 5743.60 of the 28,537
Revised Code who was the operator of a motor vehicle used in the 28,538
violation, the registrar of motor vehicles shall suspend any 28,539
driver's or commercial driver's license issued to the offender 28,540
pursuant to the order and determination of the trial judge of any 28,541
court of record as provided in section 4507.16 of the Revised 28,542
Code. 28,543
Sec. 5747.11. (A) The tax commissioner shall refund to 28,552
employers, qualifying entities, or taxpayers, with respect to any 28,554
tax imposed under section 5733.41, 5747.02, or 5747.41, or 28,555
Chapter 5748. of the Revised Code: 28,556
(1) Overpayments of more than one dollar; 28,558
(2) Amounts in excess of one dollar paid illegally or 28,560
erroneously; 28,561
(3) Amounts in excess of one dollar paid on an illegal, 28,563
erroneous, or excessive assessment. 28,564
(B) Except as otherwise provided under divisions (D) and 28,566
(E) of this section, applications for refund shall be filed with 28,567
the tax commissioner, on the form prescribed by the commissioner, 28,568
651
within four years from the date of the illegal, erroneous, or 28,569
excessive payment of the tax, or within any additional period 28,570
allowed by division (B)(3)(b) of section 5747.05, division (B) of 28,571
section 5747.10, division (A) of section 5747.13, or division (C) 28,572
of section 5747.45 of the Revised Code. 28,573
On filing of the refund application, the commissioner shall 28,575
determine the amount of refund due and certify such amount to the 28,576
director of budget and management and treasurer of state for 28,577
payment from the tax refund fund created by section 5703.052 of 28,578
the Revised Code. PAYMENT SHALL BE MADE AS PROVIDED IN DIVISION 28,579
(C) OF SECTION 117.45 OF THE REVISED CODE. 28,580
(C)(1) Interest shall be allowed and paid upon any illegal 28,582
or erroneous assessment in excess of one dollar in respect of the 28,583
tax imposed under section 5747.02 or Chapter 5748. of the Revised 28,585
Code at the rate per annum prescribed by section 5703.47 of the 28,586
Revised Code from the date of the payment of the illegal or 28,587
erroneous assessment until the date the refund of such amount is 28,588
paid. If such refund results from the filing of a return or
report, or the payment accompanying such return or report, by an 28,589
employer or taxpayer, rather than from an assessment by the 28,590
commissioner, such interest shall run from a period ninety days 28,591
after the final filing date of the annual return until the date 28,592
the refund is paid. 28,593
(2) Interest shall be allowed and paid at the rate per 28,595
annum prescribed by section 5703.47 of the Revised Code upon any 28,596
overpayment in excess of one dollar in respect of the tax imposed 28,597
under section 5747.02 or Chapter 5748. of the Revised Code from 28,598
the date of the overpayment until the date of the refund of the 28,599
overpayment, except that if any overpayment is refunded within 28,600
ninety days after the final filing date of the annual return or 28,601
ninety days after the return is filed, whichever is later, no 28,602
interest shall be allowed on such overpayment. If the 28,603
overpayment results from the carryback of a net operating loss or 28,604
net capital loss to a previous taxable year, the overpayment is 28,605
652
deemed not to have been made prior to the filing date, including 28,606
any extension thereof, for the taxable year in which the net 28,607
operating loss or net capital loss arises. For purposes of the 28,608
payment of interest on overpayments, no amount of tax, for any 28,609
taxable year, shall be treated as having been paid before the 28,610
date on which the tax return for that year was due without regard 28,611
to any extension of time for filing such return. 28,612
(3) Interest shall be allowed at the rate per annum 28,614
prescribed by section 5703.47 of the Revised Code on amounts 28,615
refunded with respect to the taxes imposed under sections 5733.41 28,617
and 5747.41 of the Revised Code. The interest shall run from
whichever of the following days is the latest until the day the 28,619
refund is paid: the day the illegal, erroneous, or excessive 28,620
payment was made; the ninetieth day after the final day the 28,621
annual report was required to be filed under section 5747.42 of 28,622
the Revised Code; or the ninetieth day after the day that report 28,623
was filed.
(D) "Ninety days" shall be substituted for "four years" in 28,625
division (B) of this section if the taxpayer satisfies both of 28,626
the following conditions:
(1) The taxpayer has applied for a refund based in whole 28,628
or in part upon section 5747.059 of the Revised Code; 28,629
(2) The taxpayer asserts that either the imposition or 28,631
collection of the tax imposed or charged by this chapter or any 28,632
portion of such tax violates the Constitution of the United 28,633
States or the Constitution of Ohio.
(E)(1) Division (E)(2) of this section applies only if all 28,635
of the following conditions are satisfied: 28,636
(a) A qualifying entity pays an amount of the tax imposed 28,638
by section 5733.41 or 5747.41 of the Revised Code; 28,639
(b) The taxpayer is a qualifying investor as to that 28,641
qualifying entity;
(c) The taxpayer did not claim the credit provided for in 28,643
section 5747.059 of the Revised Code as to the tax described in 28,644
653
division (E)(1)(a) of this section; 28,645
(d) The four-year period described in division (B) of this 28,647
section has ended as to the taxable year for which the taxpayer 28,648
otherwise would have claimed that credit. 28,649
(2) A taxpayer shall file an application for refund 28,651
pursuant to division (E) of this section within one year after 28,652
the date the payment described in division (E)(1)(a) of this 28,653
section is made. An application filed under division (E)(2) of 28,654
this section shall claim refund only of overpayments resulting 28,655
from the taxpayer's failure to claim the credit described in
division (E)(1)(c) of this section. Nothing in division (E) of 28,656
this section shall be construed to relieve a taxpayer from 28,657
complying with division (A)(16) of section 5747.01 of the Revised 28,658
Code.
Sec. 5749.02. (A) For the purpose of providing revenue to 28,667
administer the state's coal mining and reclamation regulatory 28,668
program, to meet the environmental and resource management needs 28,669
of this state, and to reclaim land affected by mining, an excise 28,670
tax is hereby levied on the privilege of engaging in the 28,671
severance of natural resources from the soil or water of this 28,672
state. The tax shall be imposed upon the severer and shall be: 28,673
(1) Seven cents per ton of coal; 28,675
(2) Four cents per ton of salt; 28,677
(3) Two cents per ton of limestone or dolomite; 28,679
(4) Two cents per ton of sand and gravel; 28,681
(5) Ten cents per barrel of oil; 28,683
(6) Two and one-half cents per thousand cubic feet of 28,685
natural gas; 28,686
(7) One cent per ton of clay, sandstone or conglomerate, 28,688
shale, gypsum, or quartzite. 28,689
(B) Of the moneys received by the treasurer of state from 28,691
the tax levied in division (A)(1) of this section, six and 28,692
three-tenths per cent shall be credited to the geological mapping 28,693
fund created in section 1505.09 of the Revised Code, fourteen and 28,694
654
two-tenths per cent shall be credited to the reclamation 28,696
supplemental forfeiture fund created in division (B) of section 28,697
1513.18 of the Revised Code, fifty-seven and nine-tenths per cent 28,698
shall be credited to the coal mining administration and 28,699
reclamation reserve fund created in section 1513.181 of the 28,700
Revised Code, and the remainder shall be credited to the 28,701
unreclaimed lands fund created in section 1513.30 of the Revised 28,702
Code. When, within ten days before or after the beginning of a 28,703
fiscal year, the chief of the division of mines and reclamation 28,704
finds that the balance of the coal mining administration and 28,705
reclamation reserve fund is below two million dollars, the chief 28,706
shall certify that fact to the director of budget and management. 28,707
Upon receipt of the chief's certification, the director shall 28,708
direct the treasurer of state to instead credit to the coal 28,709
mining administration and reclamation reserve fund during the 28,710
fiscal year for which the certification is made the fourteen and 28,711
two-tenths per cent of the moneys collected from the tax levied 28,712
in division (A)(1) of this section and otherwise required by this 28,713
division to be credited to the reclamation supplemental 28,714
forfeiture fund.
Fifteen per cent of the moneys received by the treasurer of 28,716
state from the tax levied in division (A)(2) of this section 28,717
shall be credited to the geological mapping fund and the 28,718
remainder shall be credited to the unreclaimed lands fund. 28,719
Of the moneys received by the treasurer of state from the 28,721
tax levied in divisions (A)(3) and (4) of this section, seven and 28,722
five-tenths per cent shall be credited to the geological mapping 28,723
fund, forty-two and five-tenths per cent shall be credited to the 28,724
unreclaimed lands fund, and the remainder shall be credited to 28,725
the surface mining administration fund created in section 1514.11 28,726
of the Revised Code. 28,727
Of the moneys received by the treasurer of state from the 28,729
tax levied in divisions (A)(5) and (6) of this section, twenty 28,730
NINETY per cent shall be credited to the oil and gas well 28,731
655
plugging fund created in section 1509.071 1509.02 of the Revised 28,733
Code, AND ten per cent shall be credited to the geological 28,734
mapping fund, and seventy per cent shall be credited to the oil
and gas permit fund created in section 1509.02 of the Revised 28,736
Code. All of the moneys received by the treasurer of state from 28,737
the tax levied in division (A)(7) of this section shall be 28,738
credited to the surface mining administration fund. 28,739
(C) For the purpose of paying the state's expenses for 28,741
reclaiming mined lands that the operator failed to reclaim under 28,743
a coal mining and reclamation permit issued under Chapter 1513. 28,744
of the Revised Code, or under a surface mining permit issued 28,747
under Chapter 1514. of the Revised Code, for which the operator's 28,748
bond is not sufficient to pay the state's expense for 28,749
reclamation, there is hereby levied an excise tax on the 28,750
privilege of engaging in the severance of coal from the soil or 28,751
water of this state in addition to the taxes levied by divisions 28,752
(A)(1) and (D) of this section. The tax shall be imposed at the 28,753
rate of one cent per ton of coal. Moneys received by the 28,755
treasurer of state from the tax levied under this division shall 28,756
be credited to the reclamation supplemental forfeiture fund
created in division (B) of section 1513.18 of the Revised Code. 28,758
(D) For the purpose of paying the state's expenses for 28,760
reclaiming coal mined lands that the operator failed to reclaim 28,761
in accordance with Chapter 1513. of the Revised Code under a coal 28,762
mining and reclamation permit issued after April 10, 1972, but 28,763
before September 1, 1981, for which the operator's bond is not 28,764
sufficient to pay the state's expense for reclamation and paying 28,765
the expenses for administering the state's coal mining and 28,766
reclamation regulatory program, there is hereby levied an excise 28,767
tax on the privilege of engaging in the severance of coal from 28,768
the soil or water of this state in addition to the taxes levied 28,769
by divisions (A)(1) and (C) of this section. The tax shall be 28,770
imposed at the rate of one cent per ton of coal as prescribed in 28,771
this division. Moneys received by the treasurer of state from 28,772
656
the tax levied by this division shall be credited to the 28,773
reclamation supplemental forfeiture fund created in division (B) 28,775
of section 1513.18 of the Revised Code. 28,776
When, at the close of any fiscal year, the chief finds that 28,778
the balance of the reclamation supplemental forfeiture fund, plus 28,780
estimated transfers to it from the coal mining and reclamation 28,781
reserve fund under section 1513.181 of the Revised Code, plus the 28,782
estimated revenues from the tax levied by this division for the 28,783
remainder of the calendar year that includes the close of the 28,784
fiscal year, are sufficient to complete the reclamation of such 28,785
lands, the purposes for which the tax under this division is 28,786
levied shall be deemed accomplished at the end of that calendar 28,787
year. The chief, within thirty days after the close of the 28,788
fiscal year, shall certify those findings to the tax 28,789
commissioner, and the tax shall cease to be imposed after the 28,791
last day of that calendar year.
(E) On the day fixed for the payment of the severance 28,793
taxes required to be paid by this section, the taxes with any 28,794
penalties or interest on them shall become a lien on all property 28,796
of the taxpayer in this state whether the property is employed by 28,798
the taxpayer in the prosecution of its business or is in the
hands of an assignee, trustee, or receiver for the benefit of 28,799
creditors or stockholders. The lien shall continue until the 28,800
taxes and any penalties or interest thereon are paid. 28,801
Upon failure of the taxpayer to pay a tax on the day fixed 28,803
for payment, the tax commissioner may file, for which no filing 28,804
fee shall be charged, in the office of the county recorder in 28,805
each county in this state in which the taxpayer owns or has a 28,806
beneficial interest in real estate, notice of the lien containing 28,807
a brief description of the real estate. The lien shall not be 28,808
valid as against any mortgagee, purchaser, or judgment creditor 28,809
whose rights have attached prior to the time the notice is filed 28,810
in the county in which the real estate that is the subject of the 28,812
mortgage, purchase, or judgment lien is located. The notice
657
shall be recorded in a book kept by the recorder called the 28,813
"severance tax lien record" and indexed under the name of the 28,814
taxpayer charged with the tax. When the tax has been paid, the 28,815
tax commissioner shall furnish to the taxpayer an acknowledgement 28,816
of payment, which the taxpayer may record with the recorder of 28,817
each county in which notice of the lien has been filed. 28,818
Sec. 5907.11. (A) The superintendent of the Ohio 28,827
veterans' home, with the approval of the board of trustees of the 28,828
Ohio veterans' home, may establish a local fund to be used for 28,830
the entertainment and welfare of the residents of the Ohio 28,832
veterans' home. The fund shall be designated as the home
improvement RESIDENTS' BENEFIT fund and shall be operated for the 28,835
exclusive benefit of the residents of the Ohio veterans' home. 28,837
The fund shall receive all revenue from the sale of commissary 28,838
items and shall receive all moneys received as donations from any 28,839
source.
(B) THE RESIDENTS' BENEFIT FUND ALSO MAY BE USED TO 28,841
RECEIVE AND DISBURSE ANY DONATIONS MADE FOR EVENTS SPONSORED BY 28,842
THE OHIO VETERANS HALL OF FAME. 28,843
(C) The superintendent, subject to the approval of the 28,845
board of trustees, shall establish rules for the operation of the 28,847
home improvement RESIDENTS' BENEFIT fund. 28,848
Sec. 5907.13. Residents of the Ohio veterans' home may be 28,857
assessed a fee to pay a portion of the expenses of their support, 28,858
dependent upon their ability to pay. Subject to controlling 28,859
board approval, the board of trustees of the Ohio veterans' home 28,860
shall adopt rules for determining a resident's ability to pay. 28,861
Each resident shall furnish the board of trustees such statements 28,862
of income, assets, debts, and expenses as THAT the board 28,863
requires. All 28,864
ALL fees contributed by the residents under this section 28,867
shall be deposited into an interest-bearing account in a public 28,868
depository in accordance with section 135.18 of the Revised Code. 28,869
All such OF THESE fees shall be paid to the treasurer of state 28,871
658
within thirty days after the end of the month of receipt, 28,872
together with all interest credited to the account to date. The 28,873
treasurer of state shall credit eighty per cent of these fees and 28,874
of this interest to the Ohio veterans' home operating fund and 28,875
twenty per cent OF THESE FEES AND OF THIS INTEREST to the Ohio 28,876
veterans' home fund. The 28,878
THE fee for each resident shall be based upon the level of 28,881
care received for domiciliary or nursing home services PROVIDED 28,882
TO THE RESIDENT BY THE HOME. THE BOARD OF TRUSTEES SHALL 28,883
DETERMINE AUTHORIZED LEVELS OF CARE FOR RESIDENTS. The assessment 28,884
for each resident shall not exceed the difference between the 28,885
total per diem amount collected by the state for maintenance from 28,886
all sources on the resident's behalf and the average annual per 28,887
diem cost for the resident's maintenance, computed in accordance 28,888
with veterans administration regulations.
Sec. 5907.141. (A) All money received from the United 28,897
States department of veterans affairs in per diem grants for 28,899
state home domiciliary and nursing home care THAT THE OHIO 28,901
VETERANS' HOME PROVIDES shall be deposited in the state treasury 28,902
to the credit of the Ohio veterans' home federal grant fund, 28,903
which is hereby created. Money credited to the fund shall be 28,904
used only for the operating costs of the Ohio veterans' home. 28,905
(B) ANY RESIDENT OF THE OHIO VETERANS' HOME WHOM THE 28,908
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DETERMINES TO HAVE 28,909
EXCESS INCOME OR ASSETS, THEREFORE RENDERING THE HOME INELIGIBLE 28,910
TO COLLECT PER DIEM GRANT REIMBURSEMENT FOR DAYS OF CARE PROVIDED 28,911
TO THAT RESIDENT, IS REQUIRED TO PAY, IN ADDITION TO THE FEES 28,912
ASSESSED UNDER SECTION 5907.13 OF THE REVISED CODE, AN AMOUNT 28,913
EQUAL TO THE RATE OF PER DIEM GRANT THAT THE DEPARTMENT DENIED 28,914
FOR THAT PARTICULAR RESIDENT. ANY AMOUNT THAT THE RESIDENT PAYS 28,915
UNDER THIS DIVISION SHALL BE COLLECTED AND DISTRIBUTED IN THE 28,916
SAME MANNER AS THE FEES ASSESSED UNDER SECTION 5907.13 OF THE 28,917
REVISED CODE.
Sec. 5907.15. There is hereby created in the state 28,926
659
treasury the Ohio veterans VETERANS' home rental and, service 28,928
revenue, AND MEDICARE REIMBURSEMENT fund. Revenue generated from 28,931
temporary use agreements of the home, from the sale of meals at
the home's dining halls, and from rental, lease, or sharing 28,932
agreements for the use of facilities, supplies, equipment, 28,934
utilities, or services provided by the home, AND FROM MEDICARE 28,935
REIMBURSEMENTS shall be credited to the fund. The fund shall be 28,936
used only for maintenance costs of the home AND FOR THE PURCHASE 28,937
OF MEDICATIONS, MEDICAL SUPPLIES, AND MEDICAL EQUIPMENT BY THE 28,938
HOME.
Sec. 6109.01. As used in this chapter: 28,947
(A) "Public water system" means a system for the provision 28,949
to the public of piped water for human consumption THROUGH PIPES 28,950
OR OTHER CONSTRUCTED CONVEYANCES if the system has at least 28,952
fifteen service connections or regularly serves at least 28,953
twenty-five individuals. "Public water system" includes any 28,954
collection, treatment, storage, and distribution facilities under 28,955
control of the operator of the system and used primarily in
connection with the system, any collection or pretreatment 28,956
storage facilities not under such control that are used primarily 28,958
in connection with the system, and any water supply system 28,959
serving an agricultural labor camp as defined in section 3733.41 28,960
of the Revised Code.
(B) "Contaminant" means any physical, chemical, 28,962
biological, or radiological substance or matter in water. 28,963
(C) "Person" means the state, any political subdivision, 28,965
agency, institution, or instrumentality thereof, any federal 28,966
agency, and any person as defined in section 1.59 of the Revised 28,967
Code.
(D) "Safe Drinking Water Act" means the "Safe Drinking 28,969
Water Act," 88 Stat. 1660 (1974), 42 U.S.C. 300(f), as amended by 28,970
the "Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 28,971
U.S.C. 300(f), the "Safe Drinking Water Act Amendments of 1986," 28,972
100 Stat. 642, 42 U.S.C. 300(f), and the "Safe Drinking Water Act 28,973
660
Amendments of 1996," 110 Stat. 1613, 42 U.S.C. 300(f), and
regulations adopted under those acts. 28,974
(E) "Community water system" means a public water system 28,976
that has at least fifteen service connections used by year-round 28,977
residents or that regularly serves at least twenty-five 28,978
year-round residents.
(F) "Small system" means a public water system serving a 28,980
population of ten thousand or fewer individuals. 28,981
(G) "Technical assistance" means nonfinancial assistance 28,983
provided by the state to public water systems and other eligible 28,984
applicants, including, without limitation, assistance for 28,985
planning and design, development, and implementation of source 28,986
water quality protection programs; locating alternative supplies 28,987
of drinking water; operational training; restructuring or 28,988
consolidation of small systems; providing treatment information 28,989
in order to assist compliance with a national primary drinking 28,990
water standard; and other nonfinancial assistance authorized by 28,991
the requirements governing the funds established under this 28,992
chapter. 28,993
(H) "Disadvantaged community" means the service area or 28,995
portion of a service area of a public water system that meets 28,996
affordability and other criteria established by the director of 28,997
environmental protection in rules adopted under division (M) of 28,998
section 6109.22 of the Revised Code and may include the service 28,999
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 29,000
Revised Code.
(I) "Director of environmental protection" or "director" 29,002
includes an authorized representative of the director. 29,003
(J) "Federal Water Pollution Control Act" has the same 29,005
meaning as in section 6111.01 of the Revised Code. 29,006
Sec. 6109.21. (A) Except as provided in divisions (D) and 29,016
(E) of this section, on and after January 1, 1994, no person
shall operate or maintain a public water system in this state 29,017
661
without a license issued by the director of environmental 29,018
protection. A person who operates or maintains a public water 29,019
system on January 1, 1994, shall obtain an initial license under 29,020
this section in accordance with the following schedule: 29,021
(1) If the public water system is a community water 29,023
system, not later than January 31, 1994; 29,024
(2) If the public water system is not a community water 29,026
system and serves a nontransient population, not later than 29,027
January 31, 1994; 29,028
(3) If the public water system is not a community water 29,030
system and serves a transient population, not later than January 29,031
31, 1995. 29,032
A person proposing to operate or maintain a new public 29,034
water system after January 1, 1994, in addition to complying with 29,035
section 6109.07 of the Revised Code and rules adopted under it, 29,036
shall submit an application for an initial license under this 29,037
section to the director prior to commencing operation of the 29,038
system. 29,039
A license or license renewal issued under this section 29,041
shall be renewed annually. Such a license or license renewal 29,042
shall expire on the thirtieth day of January in the year 29,043
following its issuance. A license holder that proposes to 29,044
continue operating the public water system for which the license 29,045
or license renewal was issued shall apply for a license renewal 29,046
at least thirty days prior to that expiration date. 29,047
The director shall adopt, and may amend and rescind, rules 29,049
in accordance with Chapter 119. of the Revised Code establishing 29,050
procedures governing and information to be included on 29,051
applications for licenses and license renewals under this 29,052
section. Through June 30, 2000 2002, each application shall be 29,054
accompanied by the appropriate fee established under division (M) 29,055
of section 3745.11 of the Revised Code, provided that an
applicant for an initial license who is proposing to operate or 29,056
maintain a new public water system after January 1, 1994, shall 29,057
662
submit a fee that equals a prorated amount of the appropriate fee 29,058
established under that division for the remainder of the 29,059
licensing year. 29,060
(B) Not later than thirty days after receiving a completed 29,062
application and the appropriate license fee for an initial 29,063
license under division (A) of this section, the director shall 29,064
issue the license for the public water system. Not later than 29,065
thirty days after receiving a completed application and the 29,066
appropriate license fee for a license renewal under division (A) 29,067
of this section, the director shall do one of the following: 29,068
(1) Issue the license renewal for the public water system; 29,070
(2) Issue the license renewal subject to terms and 29,072
conditions that the director determines are necessary to ensure 29,073
compliance with this chapter and rules adopted under it; 29,074
(3) Deny the license renewal if the director finds that 29,076
the public water system was not operated in substantial 29,077
compliance with this chapter and rules adopted under it. 29,078
(C) The director may suspend or revoke a license or 29,080
license renewal issued under this section if the director finds 29,081
that the public water system was not operated in substantial 29,082
compliance with this chapter and rules adopted under it. The 29,083
director shall adopt, and may amend and rescind, rules in 29,084
accordance with Chapter 119. of the Revised Code governing such 29,085
suspensions and revocations. 29,086
(D)(1) As used in division (D) of this section, "church" 29,088
means a fellowship of believers, congregation, society, 29,089
corporation, convention, or association that is formed primarily 29,090
or exclusively for religious purposes and that is not formed or 29,091
operated for the private profit of any person. 29,092
(2) This section does not apply to a church that operates 29,094
or maintains a public water system solely to provide water for 29,095
that church or for a campground that is owned by the church and 29,096
operated primarily or exclusively for members of the church and 29,097
their families. A church that, on or before the effective date 29,098
663
of this amendment MARCH 5, 1996, has obtained a license under 29,100
this section for such a public water system need not obtain a
license renewal under this section. 29,101
(E) This section does not apply to any public or nonpublic 29,103
school that meets minimum standards of the state board of 29,104
education that operates or maintains a public water system solely 29,105
to provide water for that school. 29,106
Sec. 6119.10. The board of trustees of a regional water 29,115
and sewer district or any officer or employee designated by such 29,116
THE board may make any contract for the purchase of supplies or 29,118
material or for labor for any work, under the supervision of the 29,119
board, the cost of which shall not exceed ten FIFTEEN thousand 29,120
dollars. When an expenditure, other than for the acquisition of 29,122
real estate and interests in real estate, the discharge of 29,123
noncontractual claims, personal services, the joint use of 29,124
facilities or the exercise of powers with other political 29,125
subdivisions, or for the product or services of public utilities, 29,126
exceeds ten FIFTEEN thousand dollars, such THE expenditures shall 29,128
be made only after a notice calling for bids has been published 29,129
not less than two consecutive weeks in at least one newspaper 29,130
having a general circulation within the district. If the bids 29,131
are for a contract for the construction, demolition, alteration, 29,132
repair, or reconstruction of an improvement, the board may let 29,133
the contract to the lowest and best bidder who meets the 29,134
requirements of section 153.54 of the Revised Code. If the bids 29,135
are for a contract for any other work relating to the 29,136
improvements for which a regional water and sewer district was 29,137
established, the board of trustees of the regional water and 29,138
sewer district may let the contract to the lowest or best bidder 29,139
who gives a good and approved bond with ample security 29,140
conditioned on the carrying out of the contract. Such THE 29,141
contract shall be in writing and shall be accompanied by or shall 29,143
refer to plans and specifications for the work to be done, 29,144
approved by the board. The plans and specifications shall at all 29,145
664
times be made and considered part of the contract. The contract 29,146
shall be approved by the board and signed by its president or 29,147
other duly authorized officer and by the contractor. In case of 29,148
a real and present emergency, the board of trustees of the 29,149
district may, by two-thirds vote of all members, MAY authorize 29,150
the president or other duly authorized officer to enter into a 29,151
contract for work to be done or for the purchase of supplies or 29,152
materials without formal bidding or advertising. All contracts 29,153
shall have attached the certificate required by section 5705.41 29,154
of the Revised Code duly executed by the secretary of the board 29,155
of trustees of the district. The district may make improvements 29,156
by force account or direct labor, provided THAT, if the estimated 29,157
cost of supplies or material for any such improvement exceeds ten 29,158
FIFTEEN thousand dollars, bids shall be received as provided in 29,160
this section. For the purposes of the competitive bidding 29,161
requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate 29,162
contracts for labor, supplies, or materials if such THE contracts 29,164
are in fact a part of a single contract required to be bid 29,165
competitively under this section. 29,166
Section 2. That existing sections 109.081, 111.18, 117.14, 29,168
117.44, 117.45, 118.01, 118.05, 120.04, 120.06, 120.18, 120.28, 29,170
120.33, 122.011, 124.04, 124.07, 125.023, 125.04, 125.15, 125.28, 29,171
126.12, 126.21, 126.25, 126.31, 126.32, 127.16, 131.01, 149.30, 29,172
166.03, 166.05, 169.03, 173.35, 307.851, 307.98, 311.01, 329.04, 29,174
329.06, 329.12, 340.03, 901.41, 901.62, 901.63, 1155.07, 1155.10, 29,176
1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1309.401, 1501.01, 29,177
1507.01, 1507.12, 1509.02, 1509.071, 1513.30, 1515.091, 1521.04, 29,178
2151.36, 2305.232, 2949.17, 2949.19, 2949.20, 2949.201, 3109.17, 29,180
3109.18, 3375.90, 3383.08, 3517.152, 3701.04, 3701.261, 3701.262, 29,181
3701.263, 3701.99, 3702.52, 3702.57, 3702.58, 3702.68, 3705.24, 29,182
3721.31, 3721.33, 3722.01, 3722.011, 3722.10, 3722.15, 3622.16, 29,183
3734.02, 3734.05, 3734.06, 3734.57, 3734.82, 3734.87, 3734.901, 29,185
3742.03, 3742.04, 3742.05, 3742.08, 3742.19, 3745.11, 3748.07, 29,186
665
3748.13, 3750.02, 3793.08, 3793.10, 3793.12, 4105.17, 4112.12, 29,187
4115.34, 4163.07, 4301.10, 4301.30, 4301.43, 4501.27, 4511.191, 29,188
4511.83, 4703.36, 4703.37, 4713.10, 4713.17, 4717.03, 4717.05, 29,191
4717.07, 4717.13, 4723.06, 4723.08, 4723.28, 4725.16, 4725.17, 29,192
4729.54, 4730.11, 4731.281, 4732.05, 4732.14, 4735.06, 4735.07, 29,193
4735.09, 4735.14, 4735.141, 4736.12, 4741.17, 4741.19, 4747.05, 29,195
4747.06, 4747.07, 4747.10, 4747.13, 4759.05, 4759.06, 4766.02, 29,196
4766.04, 4766.05, 4766.07, 4773.04, 4905.80, 4937.02, 4981.09, 29,197
5101.16, 5101.33, 5101.52, 5101.541, 5101.544, 5101.83, 5101.93, 29,198
5104.30, 5104.34, 5104.38, 5107.02, 5107.05, 5107.10, 5107.16, 29,199
5107.18, 5107.22, 5107.24, 5107.26, 5107.28, 5107.541, 5107.60, 29,200
5107.72, 5111.01, 5111.113, 5112.03, 5112.06, 5112.07, 5112.08, 29,201
5112.09, 5112.17, 5115.01, 5117.07, 5117.09, 5119.16, 5119.61, 29,202
5123.60, 5139.27, 5139.271, 5139.28, 5139.281, 5502.21, 5502.22, 29,203
5502.25, 5502.28, 5502.34, 5703.05, 5703.21, 5709.62, 5709.63, 29,205
5709.632, 5709.83, 5733.05, 5733.33, 5739.31, 5743.08, 5743.14, 29,206
5743.55, 5743.59, 5743.99, 5747.11, 5749.02, 5907.11, 5907.13, 29,208
5907.141, 5907.15, 6109.01, 6109.21, and 6119.10 and sections 29,210
1155.131, 1163.17, 5107.77, and 5115.08 of the Revised Code are 29,211
hereby repealed. That existing Section 4 of Sub. H.B. 167 of the 29,213
121st General Assembly, as amended by Sub. H.B. 710 of the 121st 29,214
General Assembly and Am. Sub. H.B. 215 of the 122nd General 29,215
Assembly, is hereby repealed. 29,216
Section 3. That Section 5 of Am. Sub. S.B. 50 of the 121st 29,218
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd 29,220
General Assembly, be amended to read as follows: 29,221
"Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st 29,224
General Assembly shall take effect July 1, 1999 2001." 29,225
Section 4. That existing Section 5 of Am. Sub. S.B. 50 of 29,227
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 29,228
the 122nd General Assembly, is hereby repealed. 29,229
Section 5. Except as otherwise provided, all appropriation 29,231
line items (ALI) in this act are hereby appropriated out of any 29,232
moneys in the state treasury to the credit of the designated 29,233
666
fund, which are not otherwise appropriated. For all 29,234
appropriations made in this act, those amounts in the first 29,235
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 29,236
FND ALI ALI TITLE FY 2000 FY 2001 29,245
Section 6. ACC ACCOUNTANCY BOARD OF OHIO 29,248
General Services Fund Group 29,250
4J8 889-601 CPA Education 29,253
Assistance $ 200,000 $ 200,000 29,255
4K9 889-609 Operating Expenses $ 791,470 $ 788,557 29,259
TOTAL GSF General Services Fund 29,260
Group $ 991,470 $ 988,557 29,263
TOTAL ALL BUDGET FUND GROUPS $ 991,470 $ 988,557 29,266
Section 7. PAY ACCRUED LEAVE LIABILITY 29,269
Accrued Leave Liability Fund Group 29,271
806 995-666 Accrued Leave Fund $ 51,911,388 $ 58,703,605 29,276
807 995-667 Disability Fund $ 33,111,113 $ 34,766,669 29,280
TOTAL ALF Accrued Leave Liability 29,281
Fund Group $ 85,022,501 $ 93,470,274 29,284
Agency Fund Group 29,287
808 995-668 State Employee Health 29,290
Benefit Fund $ 125,908,931 $ 133,973,454 29,292
809 995-669 Dependent Care 29,294
Spending Account $ 2,579,750 $ 2,773,231 29,296
810 995-670 Life Insurance 29,298
Investment Fund $ 2,259,874 $ 2,372,867 29,300
811 995-671 Parental Leave 29,302
Benefit Fund $ 4,149,522 $ 5,186,902 29,304
TOTAL AGY Agency Fund Group $ 134,898,077 $ 144,306,454 29,307
TOTAL ALL BUDGET FUND GROUPS $ 219,920,578 $ 237,776,728 29,313
Accrued Leave Liability Fund 29,316
The foregoing appropriation item 995-666, Accrued Leave 29,318
Fund, shall be used to make payments from the Accrued Leave 29,319
Liability Fund (Fund 806), pursuant to section 125.211 of the 29,320
667
Revised Code. If it is determined by the Director of Budget and 29,321
Management that additional amounts are necessary, the amounts are 29,322
hereby appropriated. 29,323
State Employee Disability Leave Benefit Fund 29,325
The foregoing appropriation item 995-667, Disability Fund, 29,327
shall be used to make payments from the State Employee Disability 29,328
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the 29,329
Revised Code. If it is determined by the Director of Budget and 29,330
Management that additional amounts are necessary, the amounts are 29,331
hereby appropriated. 29,332
State Employee Health Benefit Fund 29,334
The foregoing appropriation item 995-668, State Employee 29,336
Health Benefit Fund, shall be used to make payments from the 29,337
State Employee Health Benefit Fund (Fund 808), pursuant to 29,338
section 124.87 of the Revised Code. If it is determined by the 29,339
Director of Budget and Management that additional amounts are 29,340
necessary, the amounts are hereby appropriated. 29,341
Dependent Care Spending Account 29,343
The foregoing appropriation item 995-669, Dependent Care 29,345
Spending Account, shall be used to make payments from the 29,346
Dependent Care Spending Account (Fund 809) to employees eligible 29,347
for dependent care expenses. If it is determined by the Director 29,348
of Budget and Management that additional amounts are necessary, 29,349
the amounts are hereby appropriated. 29,350
Life Insurance Investment Fund 29,352
The foregoing appropriation item 995-670, Life Insurance 29,354
Investment Fund, shall be used to make payments from the Life 29,355
Insurance Investment Fund (Fund 810) for the costs and expenses 29,356
of the state's life insurance benefit program pursuant to section 29,357
125.212 of the Revised Code. If it is determined by the Director 29,358
of Budget and Management that additional amounts are necessary, 29,359
the amounts are hereby appropriated. 29,360
Parental Leave Benefit Fund 29,362
The foregoing appropriation item 995-671, Parental Leave 29,364
668
Benefit Fund, shall be used to make payments from the Parental 29,365
Leave Benefit Fund (Fund 811) to employees eligible for parental 29,366
leave benefits pursuant to section 124.137 of the Revised Code. 29,367
If it is determined by the Director of Budget and Management that 29,368
additional amounts are necessary, the amounts are hereby 29,369
appropriated. 29,370
Section 8. ADJ ADJUTANT GENERAL 29,372
General Revenue Fund 29,374
GRF 745-401 Ohio Military Reserve $ 16,512 $ 16,909 29,379
GRF 745-403 Armory Deferred 29,381
Maintenance $ 800,000 $ 800,000 29,383
GRF 745-404 Air National Guard $ 1,866,065 $ 1,888,204 29,387
GRF 745-409 Central 29,389
Administration $ 3,860,435 $ 3,848,936 29,391
GRF 745-499 Army National Guard $ 3,964,744 $ 3,936,284 29,395
GRF 745-502 Ohio National Guard 29,397
Unit Fund $ 118,086 $ 121,392 29,399
TOTAL GRF General Revenue Fund $ 10,625,842 $ 10,611,725 29,402
General Services Fund Group 29,405
534 745-612 Armory Improvements $ 511,500 $ 523,776 29,410
536 745-620 Camp Perry Clubhouse 29,412
and Rental $ 996,340 $ 1,008,771 29,414
537 745-604 ONG Maintenance $ 205,163 $ 209,847 29,418
TOTAL GSF General Services Fund 29,419
Group $ 1,713,003 $ 1,742,394 29,422
Federal Special Revenue Fund Group 29,425
3E8 745-628 Air National Guard 29,428
Operations and
Maintenance Agreement $ 11,180,302 $ 11,249,798 29,430
3R8 745-603 Counter Drug 29,432
Operations $ 100,000 $ 100,000 29,434
3S0 745-602 Higher Ground 29,436
Training $ 35,000 $ 35,000 29,438
669
341 745-615 Air National Guard 29,440
Base Security $ 2,008,925 $ 1,992,760 29,442
342 745-616 Army National Guard 29,444
Service Agreement $ 4,370,403 $ 4,439,930 29,446
343 745-619 Army National Guard 29,448
Training Site
Agreement $ 2,734,477 $ 2,781,245 29,450
TOTAL FED Federal Special Revenue 29,451
Fund Group $ 20,429,107 $ 20,598,733 29,454
State Special Revenue Fund Group 29,457
528 745-605 Marksmanship 29,459
Activities $ 61,600 $ 63,078 29,461
TOTAL SSR State Special Revenue $ 61,600 $ 63,078 29,464
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 32,829,552 $ 33,015,930 29,469
Armory Deferred Maintenance 29,472
Of the foregoing appropriation item 745-403, Armory 29,474
Deferred Maintenance, all disbursements shall be made based on a 29,475
spending plan approved by the Director of Budget and Management. 29,476
Marksmanship Activities 29,478
On July 1, 1999, or as soon thereafter as possible, the 29,480
Director of Budget and Management shall transfer the cash balance 29,481
in the Marksmanship Program (Fund 340) to Marksmanship Activities 29,482
(Fund 528), and Fund 340 is hereby abolished. The director shall 29,483
cancel any existing encumbrances against appropriation item 29,484
745-614, Marksmanship Program (Fund 340), and reestablish them
against appropriation item 745-605, Marksmanship Activities (Fund 29,485
528). The amounts of the reestablished encumbrances are hereby 29,486
appropriated.
Section 9. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 29,488
General Revenue Fund 29,490
GRF 100-402 Unemployment 29,493
Compensation $ 130,591 $ 134,069 29,495
GRF 100-405 Agency Audit Expenses $ 667,767 $ 765,956 29,499
670
GRF 100-406 County & University 29,501
Human Resources
Services $ 1,278,419 $ 1,259,851 29,503
GRF 100-409 Departmental 29,505
Information Services $ 1,518,558 $ 1,489,757 29,507
GRF 100-410 Veterans' Records 29,509
Conversion $ 500,000 $ 500,000 29,511
GRF 100-414 Ohio Geographically 29,513
Referenced
Information Program $ 642,224 $ 659,227 29,515
GRF 100-416 Strategic Technology 29,517
Development Programs $ 4,043,290 $ 4,188,593 29,519
GRF 100-417 MARCS $ 5,987,000 $ 5,987,000 29,523
GRF 100-419 Ohio SONET $ 4,800,549 $ 4,883,574 29,527
GRF 100-433 State of Ohio 29,529
Computer Center $ 5,090,081 $ 5,204,349 29,531
GRF 100-439 Equal Opportunity 29,533
Programs $ 1,394,375 $ 1,430,694 29,535
GRF 100-447 OBA - Building Rent 29,537
Payments $ 89,400,000 $ 97,335,000 29,539
GRF 100-448 OBA - Building 29,541
Operating Payments $ 25,498,000 $ 25,498,000 29,543
GRF 100-449 DAS - Building 29,545
Operating Payments $ 5,637,392 $ 5,620,548 29,547
GRF 100-451 Minority Affairs $ 876,551 $ 878,910 29,551
GRF 130-321 State Agency Support 29,553
Services $ 3,938,112 $ 3,994,685 29,555
TOTAL GRF General Revenue Fund $ 151,402,909 $ 159,830,213 29,558
General Services Fund Group 29,561
112 100-616 Director's Office $ 4,903,020 $ 4,929,766 29,566
115 100-632 Central Service 29,568
Agency $ 389,317 $ 398,151 29,570
117 100-644 General Services 29,572
Division - Operating $ 6,152,252 $ 5,836,960 29,574
671
122 100-637 Fleet Management $ 1,483,589 $ 1,503,491 29,578
125 100-622 Human Resources 29,580
Division - Operating $ 21,275,977 $ 19,663,245 29,582
127 100-627 Vehicle Liability 29,584
Insurance $ 4,160,053 $ 4,276,001 29,586
128 100-620 Collective Bargaining $ 3,148,816 $ 3,242,007 29,590
130 100-606 Fidelity Bonding 29,592
Programs $ 109,611 $ 112,497 29,594
131 100-639 State Architect's 29,596
Office $ 6,154,743 $ 6,066,535 29,598
132 100-631 DAS Building 29,600
Management $ 10,584,283 $ 10,327,827 29,602
188 100-649 Equal Opportunity 29,604
Programs $ 2,194,260 $ 2,228,255 29,606
201 100-653 General Services 29,608
Resale Merchandise $ 1,978,768 $ 2,034,174 29,610
210 100-612 State Printing $ 6,157,561 $ 6,322,592 29,614
4H2 100-604 Governor's Residence 29,616
Gift $ 21,622 $ 22,141 29,618
4P3 100-603 Departmental MIS 29,620
Services $ 6,493,349 $ 7,312,130 29,622
427 100-602 Investment Recovery $ 3,316,348 $ 3,407,947 29,626
5C3 100-608 Skilled Trades $ 2,321,847 $ 2,382,527 29,630
TOTAL GSF General Services Fund 29,631
Group $ 80,845,416 $ 80,066,246 29,634
Federal Special Revenue Fund Group 29,637
307 100-633 Federal Special 29,640
Revenue $ 262,000 $ 0 29,642
TOTAL FED Federal Special Revenue 29,643
Fund Group $ 262,000 $ 0 29,646
State Special Revenue Fund Group 29,649
5D7 100-621 Workforce Development $ 12,000,000 $ 12,000,000 29,653
TOTAL SSR State Special Revenue 29,654
Fund Group $ 12,000,000 $ 12,000,000 29,657
672
Intragovernmental Service Fund Group 29,660
133 100-607 Information 29,663
Technology Fund $ 92,027,981 $ 91,726,824 29,665
4N6 100-617 Major Computer 29,667
Purchases $ 19,016,469 $ 19,472,864 29,669
TOTAL ISF Intragovernmental 29,670
Service Fund Group $ 111,044,450 $ 111,199,688 29,673
Agency Fund Group 29,676
113 100-628 Unemployment 29,679
Compensation $ 4,884,530 $ 5,128,757 29,681
124 100-629 Payroll Deductions $1,785,000,000 $1,874,250,000 29,685
TOTAL AGY Agency Fund Group $1,789,884,530 $1,879,378,757 29,688
Holding Account Redistribution Fund Group 29,691
R08 100-646 General Services 29,694
Refunds $ 20,000 $ 20,000 29,696
TOTAL 090 Holding Account 29,697
Redistribution Fund Group $ 20,000 $ 20,000 29,700
TOTAL ALL BUDGET FUND GROUPS $2,145,459,305 $2,242,494,904 29,703
Section 9.01. Agency Audit Expenses 29,706
Of the foregoing appropriation item 100-405, Agency Audit 29,708
Expenses, up to $222,000 in fiscal year 2000 and up to $226,800 29,709
in fiscal year 2001 shall be used to subsidize the operations of 29,710
the Central Service Agency. The Department of Administrative 29,711
Services shall transfer cash from appropriation item 100-405, 29,712
Agency Adult Expenses, to the Central Service Agency Fund (Fund 29,713
115) using an intrastate transfer voucher. 29,714
Of the foregoing appropriation item 100-405, Agency Audit 29,716
Expenses, up to $30,000 in fiscal year 2000 and $30,000 in fiscal 29,717
year 2001 shall be used for the Department of Administrative 29,720
Services' GRF line item-related auditing expenses. The remainder 29,721
of the appropriation shall be used for auditing expenses 29,722
designated in division (A)(1) of section 117.13 of the Revised 29,723
Code for those state agencies audited on a biennial basis. 29,724
Of the foregoing appropriation item 100-406, County & 29,726
673
University Human Resources Services, the Director of 29,727
Administrative Services shall transfer $10,795 in fiscal year 29,728
2000 to the Workforce Development Fund (Fund 5D7) to pay interest 29,729
that should have accrued to the Workforce Development Fund in 29,730
fiscal year 1998. This transfer shall be made using an 29,731
intrastate transfer voucher.
Of the foregoing appropriation item 100-406, County & 29,733
University Human Resources Services, $15,000 in each fiscal year 29,734
shall go to the Advancing-Up Program at the University of Akron. 29,735
Veterans' Records Conversion 29,737
The office of Veterans Affairs within the Office of the 29,739
Governor shall identify the Merchant Marines who served in the 29,740
war zone in World War II.
Fidelity Bonding Programs 29,742
Pursuant to a written request by the Chief of the Division 29,744
of Wildlife in the Department of Natural Resources, the 29,745
self-insured blanket fidelity bonding program authorized by 29,746
section 9.832 of the Revised Code shall revert to the Division of 29,747
Wildlife effective July 1, 1999. Upon receipt of the chief's 29,748
request, the Department of Administrative Services shall prepare 29,749
a preliminary estimate of the amount of cash held on behalf of 29,750
the Division of Wildlife that is not committed for costs incurred 29,751
by or for the self-insured fidelity bonding program. The 29,752
Director of Administrative Services shall certify such amount to 29,753
the Director of Budget and Management. Upon receipt of the 29,754
certification, the Director of Budget and Management shall 29,755
transfer the amount of cash certified by the Director of 29,756
Administrative Services from the State Insurance Pool (Fund 130) 29,757
to the Wildlife Fund created in section 1531.17 of the Revised 29,758
Code. After transfer of the preliminary estimate of cash to the 29,759
Wildlife Fund, the Department of Administrative Services shall 29,760
reconcile fiscal year 1999 financial activity in the State 29,761
Insurance Pool. The department shall determine the final amount 29,762
of cash to be transferred between the State Insurance Pool and 29,763
674
the Wildlife Fund. The Director of Budget and Management shall 29,764
transfer the final amount certified to the Wildlife Fund or to 29,765
the State Insurance Pool as appropriate.
Section 9.02. Ohio Building Authority 29,767
The foregoing appropriation item 100-447, OBA - Building 29,769
Rent Payments, shall be used to meet all payments at the times 29,771
they are required to be made during the period from July 1, 1999, 29,772
to June 30, 2001, by the Department of Administrative Services to 29,773
the Ohio Building Authority pursuant to leases and agreements 29,774
under Chapter 152. of the Revised Code, but limited to the 29,775
aggregate amount of $186,735,000. The foregoing appropriation 29,776
item 100-448, OBA - Building Operating Payments, shall be used to 29,778
meet all payments at the times that they are required to be made 29,779
during the period from July 1, 1999, to June 30, 2001, by the 29,780
Department of Administrative Services to the Ohio Building
Authority pursuant to leases and agreements under Chapter 152. of 29,782
the Revised Code, but limited to the aggregate amount of
$50,996,000. These appropriations are the source of funds 29,783
pledged for bond service charges on obligations issued pursuant 29,784
to Chapter 152. of the Revised Code. 29,785
The payments to the Ohio Building Authority are for the 29,787
purpose of paying the expenses of agencies that occupy space in 29,788
the various state facilities. The Department of Administrative 29,789
Services may enter into leases and agreements with the Ohio 29,790
Building Authority providing for the payment of such expenses. 29,791
The Ohio Building Authority shall report to the Department of 29,793
Administrative Services and the Office of Budget and Management 29,794
not later than five months after the start of a fiscal year the 29,795
actual expenses incurred by the Ohio Building Authority in 29,796
operating such facilities and any balances remaining from 29,797
payments and rentals received in the prior fiscal year. The 29,798
Department of Administrative Services shall reduce subsequent 29,799
payments by the amount of the balance reported to it by the Ohio 29,800
Building Authority.
675
Section 9.03. DAS - Building Operating Payments 29,802
The foregoing appropriation item 100-449, DAS - Building 29,804
Operating Payments, shall be used to pay the rent expenses of 29,806
veterans organizations pursuant to section 123.024 of the Revised 29,807
Code in fiscal years 2000 and 2001. 29,808
Notwithstanding section 125.28 of the Revised Code, the 29,810
remaining portion of this appropriation may be used to pay the 29,812
operating expenses of state facilities maintained by the 29,814
Department of Administrative Services that are not billed to 29,816
building tenants. Such expenses may include, but are not limited 29,818
to, the costs for vacant space and space undergoing renovation, 29,819
and the rent expenses of tenants that are relocated due to 29,820
building renovations. 29,821
Such payments shall be processed by the Department of 29,823
Administrative Services through intrastate vouchers and placed in 29,825
the Facilities Management Fund (Fund 132). 29,827
Section 9.04. Equal Opportunity Programs and Minority 29,829
Affairs
The Department of Administrative Services, with the 29,831
approval of the Director of Budget and Management, shall 29,832
establish charges for recovering the costs of administering the 29,833
activities supported by the Equal Opportunity Programs Fund (Fund 29,834
188). These charges shall be deposited to the credit of the 29,836
Equal Opportunity Programs Fund (Fund 188) upon payment made by 29,837
state agencies; state-supported or state-assisted institutions of 29,839
higher education; and tax-supported agencies, municipal 29,840
corporations, or other political subdivisions of the state, for 29,841
services rendered.
The foregoing appropriation item 100-451, Minority Affairs, 29,844
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an access 29,846
point and official representation to multi-cultural communities; 29,847
research and reports on multi-cultural issues; and educational, 29,848
governmental, and other services that foster multi-cultural 29,849
676
opportunities and understanding in the state of Ohio. 29,850
Minority Business Enterprises (MBEs) and Disadvantaged 29,852
Business Enterprises (DBEs) Predicate Study 29,853
During the 1999-2001 biennium, the Director of 29,855
Administrative Services shall use no less than $750,000 in each 29,856
fiscal year to perform a predicate study of minority business 29,857
enterprises and disadvantaged business enterprises that would
answer the following questions: 29,858
(1) Is there a firm basis in evidence for determining that 29,860
there are ongoing effects of discrimination against MBEs and DBEs 29,861
(as defined by current state policy) in the goods, services, and 29,862
construction sectors within the relevant market area, either by 29,863
the state itself or as a passive participant in discrimination 29,864
practiced by local private industries?
(2) If there is evidence of discrimination, are race or 29,866
gender-neutral measures effective and narrowly tailored in 29,867
remedying the effects of discrimination? 29,868
(3) If neutral remedies are not effective, are race and 29,870
gender-based programs narrowly tailored to redress the effects of 29,871
prior discrimination?
(4) Are MBEs and DBEs under-utilized when identifying 29,873
opportunities to promote economic development throughout the 29,874
state?
(5) What effect does discrimination have on MBE/DBE 29,876
creation, development, and utilization in the State of Ohio? 29,877
The Director of Administrative Services shall present the 29,879
results of this study to the Governor and the General Assembly by 29,880
January 1, 2001.
Section 9.05. Central Service Agency Fund 29,882
In order to complete the migration of the licensing 29,884
applications of the professional licensing boards to a local area 29,886
network, the Director of Budget and Management may, at the 29,887
request of the Director of Administrative Services, cancel 29,888
related encumbrances in the Central Service Agency Fund (Fund 29,889
677
115) and reestablish these encumbrances in fiscal year 2000 for 29,890
the same purpose and to the same vendor. The Director of Budget 29,891
and Management shall reduce the appropriation balance in fiscal 29,892
year 1999 by the amount of encumbrances canceled in Fund 115. As 29,893
determined by the Director of Budget and Management, the 29,894
appropriation authority necessary to reestablish such 29,895
encumbrances or parts of encumbrances in fiscal year 2000 in the 29,896
Central Service Agency Fund (Fund 115) is hereby appropriated. 29,897
The Director of Budget and Management may transfer up to 29,899
$750,000 in fiscal year 2000 and up to $750,000 in fiscal year 29,900
2001 from the Occupational Licensing and Regulatory Fund (Fund 29,901
4K9) to the Central Service Agency Fund (Fund 115). The Director 29,902
of Budget and Management may transfer up to $300,000 in fiscal 29,903
year 2000 and up to $300,000 in fiscal year 2001 from the State 29,904
Medical Board Operating Fund (Fund 5C6) to the Central Service 29,905
Agency Fund (Fund 115). The appropriation item 100-632, Central 29,906
Service Agency, shall be used to purchase the necessary 29,907
equipment, products, and services to install a local area network 29,908
for the professional licensing boards, to improve processing of 29,909
their licensing applications to this fiscal year 2001. 29,911
Appropriation authority equal to the cash transfer is hereby 29,912
appropriated to appropriation item 100-632, Central Service 29,913
Agency.
Section 9.06. Tuition Reimbursement 29,915
Of the foregoing appropriation item 100-622, Human 29,917
Resources Division - Operating, $250,000 in fiscal year 2000 and 29,918
$250,000 in fiscal year 2001 shall be set aside for the District 29,919
1199 Health Care Employees Tuition Reimbursement Program, per 29,920
existing collective bargaining agreements. Of the foregoing 29,921
appropriation item 100-622, Human Resources Division - Operating, 29,922
$75,000 in fiscal year 2000 and $75,000 in fiscal year 2001 shall 29,923
be set aside for the Ohio Education Association Tuition 29,924
Reimbursement Program, per existing collective bargaining 29,925
agreements. The Department of Administrative Services, with the 29,926
678
approval of the Director of Budget and Management, shall
establish charges for recovering the costs of administering the 29,927
District 1199 Health Care Employees Tuition Reimbursement Program 29,928
and the Ohio Education Association Tuition Reimbursement Program. 29,929
Receipts for these charges shall be deposited into the Human 29,930
Resources Services Fund (Fund 125). 29,931
Innovation Ohio 29,933
Of the foregoing appropriation item 100-622, Human 29,935
Resources Division - Operating, $174,004 in fiscal year 2000 and 29,936
$178,876 in fiscal year 2001 shall be used for the Innovation 29,937
Ohio program.
Section 9.07. Collective Bargaining Arbitration Expenses 29,940
With approval of the Director of Budget and Management, the 29,942
Department of Administrative Services may seek reimbursement from 29,943
state agencies for the actual costs and expenses the department 29,944
incurs in the collective bargaining arbitration process. Such 29,945
reimbursements shall be processed through intrastate transfer 29,946
vouchers and placed in the Collective Bargaining Fund (Fund 128). 29,947
DAS Building Management 29,949
Of the foregoing appropriation item 100-631, DAS Building 29,951
Management, up to $175,000 may be used to pay office relocation 29,952
and office remodeling costs for the veterans organizations 29,953
designated in section 123.024 of the Revised Code.
Of the foregoing appropriation item 100-631, DAS Building 29,955
Management, up to $193,000 in fiscal year 2000 may be used to pay 29,956
site management and maintenance costs at the Water Tower Park 29,957
Project, formerly known as Coit Road. 29,958
Workforce Development Fund 29,960
There is hereby established in the state treasury the 29,962
Workforce Development Fund (Fund 5D7). The foregoing 29,963
appropriation item 100-621, Workforce Development, shall be used 29,964
to make payments from the fund. The fund shall be under the 29,965
supervision of the Department of Administrative Services, which 29,966
may adopt rules with regard to the administration of the fund. 29,967
679
The fund shall be used to pay the costs of the Workforce 29,968
Development Program established by Article 37 of the contract 29,969
between the State of Ohio and OCSEA/AFSCME, Local 11, effective 29,970
March 1, 1997. The program shall be administered in accordance 29,971
with the contract. Revenues shall accrue to the fund as 29,972
specified in the contract. The fund may be used to pay direct 29,973
and indirect costs of the program that are attributable to staff, 29,974
consultants, and service providers. All income derived from the 29,975
investment of the fund shall accrue to the fund. 29,976
If it is determined by the Director of Administrative 29,978
Services that additional appropriation amounts are necessary, the 29,979
Director of Administrative Services may request that the Director 29,980
of Budget and Management increase such amounts. Such amounts are 29,981
hereby appropriated. 29,982
Section 9.08. Payroll Withholding Fund 29,984
The foregoing appropriation item 100-629, Payroll 29,986
Deductions, shall be used to make payments from the Payroll 29,987
Withholding Fund (Fund 124). If it is determined by the Director 29,988
of Budget and Management that additional appropriation amounts 29,989
are necessary, such amounts are hereby appropriated. 29,990
Section 9.09. General Services Charges 29,992
The Department of Administrative Services, with the 29,994
approval of the Director of Budget and Management, shall 29,995
establish charges for recovering the costs of administering the 29,996
programs in the General Services Administration Fund (Fund 117) 29,997
and the State Printing Fund (Fund 210). 29,999
Section 9.10. Merchandise for Resale 30,001
The foregoing appropriation item 100-653, General Services 30,003
Resale Merchandise, shall be used to account for merchandise for 30,004
resale, which is administered by the General Services Division. 30,005
Deposits to the fund may comprise the cost of merchandise for 30,006
resale and shipping fees. Notwithstanding any other language to 30,007
the contrary, the Director of Budget and Management may transfer 30,008
up to $150,000 cash from the General Services Resale Merchandise 30,009
680
Fund (Fund 201) to the General Services Fund (Fund 117) during 30,010
the 1999-2001 biennium. Appropriation item 100-644, General 30,011
Services Division - Operating, shall be used to pay the costs of 30,012
placing the forms distribution inventory on the internet. 30,013
Section 9.11. Unemployment Compensation Fund 30,015
The foregoing appropriation item 100-628, Unemployment 30,017
Compensation, shall be used to make payments from the 30,018
Unemployment Compensation Fund (Fund 113), pursuant to section 30,019
4141.241 of the Revised Code. If it is determined that 30,020
additional amounts are necessary, such amounts are hereby 30,021
appropriated. 30,022
Section 9.12. Governor's Residence Gift 30,024
The foregoing appropriation item 100-604, Governor's 30,026
Residence Gift, shall be used to provide part or all of the 30,027
funding related to construction, goods, or services for the 30,028
Governor's residence. All receipts for this purpose shall be 30,029
deposited into Fund 4H2. 30,030
Section 9.13. Investment Recovery Fund 30,032
Of the foregoing appropriation item 100-602, Investment 30,034
Recovery, up to $1,072,187 in fiscal year 2000 and up to 30,035
$1,057,259 in fiscal year 2001 shall be used to pay the operating 30,037
expenses of the State Surplus Property Program and the Surplus 30,038
Federal Property Program pursuant to Chapter 125. of the Revised 30,039
Code. If additional appropriations are necessary for the 30,040
operations of these programs, the Director of Administrative 30,041
Services shall seek increased appropriations from the Controlling 30,042
Board pursuant to section 131.35 of the Revised Code. 30,043
Of the foregoing appropriation item 100-602, Investment 30,045
Recovery, up to $2,249,340 in fiscal year 2000 and $2,355,742 in 30,046
fiscal year 2001 shall be used to transfer proceeds from the sale 30,048
of surplus property from the Investment Recovery Fund to 30,049
non-General Revenue Funds pursuant to division (A)(2) of section 30,050
125.14 of the Revised Code. If it is determined by the Director 30,051
of Administrative Services that additional appropriations are 30,052
681
necessary for the transfer of such sale proceeds, the Director of 30,053
Administrative Services may request that the Director of Budget 30,054
and Management increase such amounts. Such amounts are hereby 30,055
appropriated.
Notwithstanding section 125.14 of the Revised Code, cash 30,057
balances in the Investment Recovery Fund may be used to support 30,058
the operating expenses of the Federal Surplus Property Program 30,059
created in sections 125.84 to 125.90 of the Revised Code. 30,060
Section 9.14. Departmental MIS 30,062
The foregoing appropriation item 100-603, Departmental MIS 30,064
Services, may be used to pay operating expenses of management 30,065
information systems activities in the Department of 30,066
Administrative Services. The Department of Administrative 30,067
Services shall establish charges for recovering the costs of 30,068
management information systems activities. These charges shall 30,069
be deposited to the credit of the Departmental MIS Fund (Fund 30,070
4P3), which is hereby created. 30,071
Notwithstanding any other language to the contrary, the 30,073
Director of Budget and Management may transfer up to $3,725,928 30,074
of fiscal year 2000 appropriations and up to $3,725,928 of fiscal 30,075
year 2001 appropriations from appropriation item 100-603, 30,076
Departmental MIS Services, to any Department of Administrative 30,077
Services non-General Revenue Fund appropriation item. The 30,079
appropriations transferred shall be used to make payments for 30,080
management information systems services. Notwithstanding any 30,081
other language to the contrary, the Director of Budget and 30,082
Management may transfer up to $654,383 of fiscal year 2000 30,083
appropriations and up to $683,844 of fiscal year 2001
appropriations from appropriation item 100-409, Departmental 30,084
Information Services, to any Department of Administrative 30,085
Services appropriation item in the General Revenue Fund. The 30,086
appropriations transferred shall be used to make payments for 30,087
management information systems services. 30,088
Section 9.15. Telecommunications Fund 30,090
682
Notwithstanding any other provisions of law to the 30,092
contrary, the Telecommunications Fund (Fund 123) created in 30,093
section 125.15 of the Revised Code shall cease to exist, 30,094
effective July 1, 1999. All assets, liabilities, revenues, and 30,095
obligations associated with the Telecommunications Fund are 30,096
hereby transferred to the Computer Services Fund (Fund 133) on 30,097
the effective date of this section.
Information Technology Fund 30,099
Of the foregoing appropriation item 100-607, Information 30,101
Technology Fund, $6,840,467 in fiscal year 2000 and $5,000,000 in 30,102
fiscal year 2001 shall be used for operating expenses of the Y2K 30,103
Competency Center. These moneys may also be used to assist the 30,104
procurement of services and equipment necessary for century date 30,105
conversions.
Section 9.16. Computer Equipment Purchases 30,107
The Director of Administrative Services shall compute the 30,109
amount of revenue attributable to the amortization of all 30,110
equipment purchases from appropriation items 100-607, Information 30,111
Technology Fund; 100-617, Major Computer Purchases; and CAP-837, 30,112
Major Equipment Purchases, which is recovered by the Department 30,113
of Administrative Services as part of the rates charged by Fund 30,114
133, Information Technology Fund. The Director of Budget and 30,115
Management may transfer this cash from Fund 133, Information 30,116
Technology Fund, to Fund 4N6, Equipment Purchases. 30,117
Section 9.17. Multi-Agency Radio Communication System Debt 30,119
Service Payments 30,120
The Director of Administrative Services, in consultation 30,122
with the Multi-Agency Radio Communication System (MARCS) Steering 30,123
Committee and the Director of Budget and Management, shall 30,124
determine the share of debt service payments attributable to 30,125
spending for MARCS components that are not specific to any one 30,126
agency and that shall be charged to agencies supported by the 30,127
motor fuel tax. Such share of debt service payments shall be 30,128
calculated for MARCS capital disbursements made beginning July 1, 30,130
683
1997. Within thirty days of any payment made from appropriation 30,131
item 100-447, OBA - Building Rent Payments, the Director of 30,132
Administrative Services shall certify to the Director of Budget 30,133
and Management the amount of this share. The Director of Budget 30,134
and Management shall transfer such amounts to the General Revenue 30,135
Fund from the Highway Operating Fund (Fund 002) established in 30,136
section 5735.281 of the Revised Code.
Section 9.18. General Services Refunds 30,138
The foregoing appropriation item 100-646, General Services 30,140
Refunds, shall be used to hold bid guarantee and building plans 30,142
and specifications deposits until they are refunded. The 30,143
Director of Administrative Services may request that the Director 30,144
of Budget and Management transfer cash received for the costs of 30,145
providing the building plans and specifications to contractors 30,146
from the General Services Refund Fund to Fund 131, State 30,147
Architect's Office. Prior to the transfer of cash, the Director 30,149
of Administrative Services shall certify that such amounts are in 30,150
excess of amounts required for refunding deposits and are 30,151
directly related to costs of producing building plans and 30,152
specifications. If it is determined that additional 30,153
appropriations are necessary, such amounts are hereby 30,154
appropriated.
Section 10. AAM COMMISSION ON AFRICAN AMERICAN MALES 30,156
General Revenue Fund 30,158
GRF 036-100 Personal Services $ 549,872 $ 563,069 30,162
GRF 036-200 Maintenance $ 125,750 $ 128,768 30,166
TOTAL GRF General Revenue Fund $ 675,622 $ 691,837 30,169
State Special Revenue Fund Group 30,172
4H3 036-601 Commission on African 30,173
American Males -
Gifts/Grants $ 210,000 $ 210,000 30,175
TOTAL SSR State Special Revenue $ 210,000 $ 210,000 30,179
Fund Group
TOTAL ALL BUDGET FUND GROUP $ 885,622 $ 901,837 30,182
684
Section 11. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW 30,185
General Revenue Fund 30,187
GRF 029-321 Operating Expenses $ 381,126 $ 381,126 30,192
TOTAL GRF General Revenue Fund $ 381,126 $ 381,126 30,195
TOTAL ALL BUDGET FUND GROUPS $ 381,126 $ 381,126 30,198
Operating 30,201
The Chief Administrative Officer of the House of 30,203
Representatives and the Clerk of the Senate shall determine, by 30,204
mutual agreement, which of them shall act as the fiscal agent for 30,206
the Joint Committee on Agency Rule Review.
Section 12. AGE DEPARTMENT OF AGING 30,208
General Revenue Fund 30,210
GRF 490-100 Personal Services $ 2,038,021 $ 2,010,528 30,215
GRF 490-200 Maintenance $ 898,667 $ 916,640 30,219
GRF 490-300 Equipment $ 16,633 $ 16,966 30,223
GRF 490-403 PASSPORT $ 56,400,000 $ 60,300,000 30,227
GRF 490-404 Eldercare $ 211,287 $ 155,200 30,231
GRF 490-408 STARS $ 2,037,000 $ 2,138,850 30,235
GRF 490-409 Americorps Operations $ 320,000 $ 318,000 30,239
GRF 490-410 Long-Term Care 30,241
Ombudsman $ 1,431,251 $ 1,459,876 30,243
GRF 490-411 Senior Community 30,245
Services $ 13,645,032 $ 13,970,112 30,247
GRF 490-412 Residential State 30,249
Supplement $ 12,000,000 $ 12,800,000 30,251
GRF 490-414 Alzheimers Respite $ 3,027,217 $ 4,527,217 30,255
GRF 490-418 Area Agency on Aging 30,257
Region 9, Inc. $ 77,036 $ 0 30,260
GRF 490-499 Senior Employment 30,262
Program $ 15,504 $ 15,892 30,264
GRF 490-504 Senior Facilities $ 366,354 $ 375,146 30,268
GRF 490-506 Senior Volunteers $ 495,541 $ 506,714 30,272
TOTAL GRF General Revenue Fund $ 92,979,543 $ 99,511,141 30,275
General Services Fund Group 30,278
685
480 490-606 Senior Citizens 30,281
Services Special
Events $ 347,422 $ 355,760 30,283
TOTAL GSF General Services Fund 30,284
Group $ 347,422 $ 355,760 30,287
Federal Special Revenue Fund Group 30,290
3C4 490-607 PASSPORT $ 115,382,758 $ 125,869,741 30,295
3M3 490-611 Federal Aging 30,297
Nutrition $ 23,487,872 $ 25,010,161 30,299
3M4 490-612 Federal Supportive 30,301
Services $ 16,806,644 $ 18,537,855 30,303
3R7 490-617 Americorps Programs $ 6,116,058 $ 6,408,865 30,307
322 490-618 Older Americans 30,309
Support Services $ 11,054,648 $ 11,946,028 30,312
TOTAL FED Federal Special Revenue 30,313
Fund Group $ 172,847,980 $ 187,772,650 30,316
State Special Revenue Fund Group 30,319
4C4 490-609 Regional Long-Term 30,322
Care Ombudsman 30,323
Program $ 420,614 $ 430,709 30,325
4H1 490-603 Aging Services $ 681,087 $ 697,433 30,329
4J4 490-610 PASSPORT/Residential 30,331
State Supplement $ 24,000,000 $ 24,000,000 30,333
4U9 490-602 PASSPORT Fund $ 7,300,000 $ 7,500,000 30,337
TOTAL SSR State Special Revenue 30,338
Fund Group $ 32,401,701 $ 32,628,142 30,341
TOTAL ALL BUDGET FUND GROUPS $ 298,576,646 $ 320,267,693 30,344
Section 12.01. Pre-Admission Review for Nursing Facility 30,347
Admission 30,348
Pursuant to sections 5101.751 and 5101.754 of the Revised 30,351
Code and an interagency agreement, the Department of Human 30,352
Services shall designate the Department of Aging to perform 30,354
assessments under sections 5101.75 and 5111.204 of the Revised 30,356
Code. Of the foregoing appropriation item 490-403, PASSPORT, the 30,358
686
Department of Aging may use not more than $2,200,000 in fiscal 30,359
year 2000 and $2,332,000 in fiscal year 2001 to perform the 30,361
assessments for persons not eligible for Medicaid in accordance 30,362
with the department's interagency agreement with the Department 30,364
of Human Services in fiscal year 2000 and with the Department of 30,365
Job and Family Services in fiscal year 2001 and to assist
individuals in planning for their long-term health care needs. 30,367
Section 12.02. PASSPORT 30,369
Appropriation item 490-403, PASSPORT, and the amounts set 30,371
aside for the PASSPORT Waiver Program in appropriation item 30,372
490-610, PASSPORT/Residential State Supplement, may be used to 30,374
assess clients regardless of Medicaid eligibility. 30,375
The Director of Aging shall adopt rules in accordance with 30,377
section 111.15 of the Revised Code governing the nonwaiver funded 30,378
PASSPORT program, including client eligibility. 30,379
The Department of Aging shall administer the Medicaid 30,381
Waiver funded PASSPORT Home Care program as delegated by the 30,382
Department of Human Services in an interagency agreement. The 30,383
foregoing appropriation items 490-403, PASSPORT, 490-603, Aging 30,384
Services, and the amounts set aside for the PASSPORT Waiver 30,386
Program in appropriation item 490-610, PASSPORT/Residential State 30,387
Supplement, shall be used to provide the required state match for 30,389
federal Medicaid funds supporting the Medicaid Waiver funded 30,390
PASSPORT Home Care program. Appropriation item 490-403, 30,391
PASSPORT, and the amounts set aside for the PASSPORT Waiver 30,392
Program in appropriation item 490-610, PASSPORT/Residential State 30,393
Supplement, may also be used to support the Department of Aging's 30,395
administrative costs associated with operating the PASSPORT 30,396
program.
The foregoing appropriation item 490-607, PASSPORT, shall 30,398
be used to provide the federal matching share for all PASSPORT 30,399
program costs determined by the Department of Human Services to 30,400
be eligible for Medicaid reimbursement. 30,401
Eldercare Pilot 30,403
687
The foregoing appropriation item 490-404, Eldercare, shall 30,406
be used to fund the existing eldercare service programs and shall 30,407
be limited to providing services to those persons who are 30,408
enrolled in these programs on the effective date of this section. 30,409
STARS 30,411
The STARS (Seniors Teaching and Reaching Students) program 30,413
shall maintain at least one program in a rural district. 30,415
Senior Community Services 30,417
The foregoing appropriation item 490-411, Senior Community 30,419
Services, shall be used for services designated by the Department 30,421
of Aging including, but not limited to, home-delivered meals, 30,423
transportation services, personal care services, respite 30,425
services, home repair and care coordination. The Department of 30,427
Aging may use up to $250,000 during each fiscal year for
demonstration projects. Service priority shall be given to low 30,429
income, frail, and cognitively impaired persons age 60 and over. 30,431
The department shall promote cost sharing by service recipients 30,433
for those services funded with block grant funds, including, 30,435
where possible, sliding fee scale payment systems based on the 30,437
income of service recipients.
Of the foregoing appropriation item 490-411, Senior 30,439
Community Services, $100,000 in each fiscal year shall be for the 30,440
Visiting Nurses Association of Cleveland. 30,441
Alzheimers Respite 30,443
The foregoing appropriation item 490-414, Alzheimers 30,445
Respite, shall be used only to fund Alzheimer's disease services 30,447
under section 173.04 of the Revised Code.
Residential State Supplement 30,449
Of the foregoing appropriation item 490-412, Residential 30,451
State Supplement, $800,000 in FY 2001 shall be used to increase, 30,452
by at least $24, both the monthly benefit payments to Residential 30,453
State Supplement recipients and the allowable fee the Residential 30,454
State Supplement recipient pays to the provider of the approved 30,455
living arrangement.
688
Under the Residential State Supplement Program, $850 shall 30,458
be the amount used for determining whether a resident of a 30,459
residential care facility, as defined in section 3721.01 of the 30,461
Revised Code, is eligible for payments under the program and for 30,462
determining the amount per month an eligible resident will 30,463
receive. The Departments of Aging and Human Services shall 30,464
reflect this amount in any applicable rules the departments adopt 30,465
under section 173.35 of the Revised Code. 30,466
The $850 amount shall be increased by at least $24 to 30,468
reflect the $800,000 increase in funding for the Residential 30,469
State Supplement program set aside in fiscal year 2001 in 30,470
appropriation item 490-412.
Transfer of Residential State Supplement Appropriations 30,472
The Department of Aging may transfer cash by intrastate 30,474
transfer vouchers from the foregoing appropriation items 490-412, 30,476
Residential State Supplement, and 490-610, PASSPORT/Residential 30,478
State Supplement, to the Department of Human Services' Fund 4J5, 30,480
Home and Community-Based Services for the Aged Fund. The funds 30,482
shall be used to make benefit payments to Residential State 30,484
Supplement recipients.
Long-Term Care Ombudsman 30,486
The foregoing appropriation item 490-410, Long-Term Care 30,488
Ombudsman, shall be used for a program to fund ombudsman program 30,491
activities in nursing homes, adult care facilities, boarding 30,492
homes, and home and community care services. 30,493
Regional Long-Term Care Ombudsman Programs 30,495
The foregoing appropriation item 490-609, Regional 30,497
Long-Term Care Ombudsman Programs, shall be used solely to pay 30,500
the costs of operating the regional long-term care ombudsman 30,501
programs.
PASSPORT/Residential State Supplement 30,503
Of the foregoing appropriation item 490-610, 30,505
PASSPORT/Residential State Supplement, up to $2,835,000 each 30,506
fiscal year shall be used to fund the Residential State 30,508
689
Supplement program. The remaining available funds shall be used 30,509
to fund the PASSPORT program. 30,510
Section 12.03. Residential State Supplement 30,512
If the Department of Aging, in consultation with the 30,514
Director of Budget and Management, determines that available 30,515
funding is insufficient to make payments to all eligible 30,516
individuals, the department may establish priority policies to 30,517
further limit eligibility criteria. 30,518
Transfer of Appropriations - Federal Aging Nutrition, 30,520
Federal Supportive Services, and Older Americans Support Services 30,522
Upon written request of the Director of the Department of 30,524
Aging, the Director of Budget and Management may transfer 30,526
appropriation authority among line items 490-611, Federal Aging 30,528
Nutrition, 490-612, Federal Supportive Services, and 490-618, 30,530
Older Americans Support Services, in amounts not to exceed 30 per
cent of the appropriation from which the transfer is made. The 30,532
Department of Aging shall report such transfers to the 30,534
Controlling Board at the next regularly scheduled meeting of the 30,536
board.
Americorps 30,538
The foregoing appropriation items 490-409, Americorps 30,540
Operations, and 490-617, Americorps Programs, shall be used in 30,542
accordance with section 121.40 of the Revised Code. 30,543
Section 13. AGR DEPARTMENT OF AGRICULTURE 30,545
General Revenue Fund 30,547
GRF 700-321 Operating Expenses $ 3,238,140 $ 3,257,801 30,552
GRF 700-401 Animal Disease 30,554
Control $ 4,068,075 $ 4,058,066 30,556
GRF 700-402 Amusement Ride Safety $ 324,839 $ 320,887 30,560
GRF 700-403 Milk Lab Program $ 1,475,380 $ 1,476,907 30,564
GRF 700-404 Ohio Proud $ 268,859 $ 271,720 30,568
GRF 700-405 Animal Damage Control $ 110,493 $ 111,135 30,572
GRF 700-406 Consumer Analytical 30,574
Lab $ 828,046 $ 817,680 30,576
690
GRF 700-407 Foods, Dairies, and 30,578
Drugs $ 1,528,717 $ 1,519,869 30,580
GRF 700-409 Farmland Preservation $ 188,942 $ 188,892 30,584
GRF 700-410 Plant Industry $ 1,619,128 $ 1,602,998 30,588
GRF 700-411 International Trade 30,590
and Market
Development $ 1,175,427 $ 1,176,063 30,592
GRF 700-412 Weights and Measures $ 1,064,691 $ 1,066,207 30,596
GRF 700-413 Gypsy Moth Prevention $ 384,232 $ 384,864 30,600
GRF 700-415 Poultry Inspection $ 261,552 $ 262,964 30,604
GRF 700-424 Livestock Testing and 30,606
Inspections $ 200,839 $ 205,659 30,608
GRF 700-499 Meat Inspection Match $ 4,651,662 $ 4,604,566 30,612
GRF 700-501 County Agricultural 30,614
Societies $ 455,900 $ 466,842 30,616
GRF 700-503 Swine and Cattle 30,618
Breeder Awards $ 121,250 $ 124,160 30,620
TOTAL GRF General Revenue Fund $ 21,966,172 $ 21,917,280 30,623
Federal Special Revenue Fund Group 30,626
3J4 700-607 Indirect Cost $ 785,968 $ 783,080 30,631
3R2 700-614 Federal Plant 30,633
Industry $ 506,539 $ 492,198 30,635
326 700-618 Meat Inspection 30,637
Service $ 4,451,662 $ 4,444,566 30,639
336 700-617 Ohio Farm Loan 30,641
Revolving Fund $ 194,180 $ 194,180 30,643
382 700-601 Cooperative Contracts $ 697,631 $ 712,631 30,647
TOTAL FED Federal Special Revenue 30,648
Fund Group $ 6,635,980 $ 6,626,655 30,651
State Special Revenue Fund Group 30,654
3T8 700-621 Ohio Agricultural 30,657
Surplus Production
Alliance Initiative $ 1,000,000 $ 1,000,000 30,659
691
4C9 700-605 Feed, Fertilizer, and 30,661
Lime Inspection $ 791,987 $ 767,311 30,663
4E4 700-606 Utility Radiological 30,665
Safety $ 100,211 $ 99,733 30,667
4P7 700-610 Food Safety $ 237,871 $ 237,453 30,671
4R0 700-636 Ohio Proud Marketing $ 26,291 $ 26,922 30,675
4R2 700-637 Dairy Inspection Fund $ 2,293,385 $ 2,286,261 30,679
4T6 700-611 Poultry and Meat 30,681
Inspection $ 67,002 $ 66,751 30,683
4T7 700-613 International Trade 30,685
Fund $ 29,446 $ 30,153 30,687
4V0 700-602 License Fees $ 33,158 $ 33,954 30,691
4V5 700-615 Animal Industry Lab 30,693
Fund $ 13,146 $ 13,461 30,695
493 700-603 Fruits and Vegetables $ 377,621 $ 377,596 30,699
494 700-612 Agricultural 30,701
Commodity Marketing
Program $ 217,206 $ 222,419 30,703
496 700-626 Ohio Grape Industries $ 534,519 $ 531,474 30,707
497 700-627 Commodity Handlers 30,709
Regulatory Program $ 853,883 $ 850,342 30,711
5H2 700-608 Metrology Lab $ 56,412 $ 57,766 30,715
578 700-620 Ride Inspection Fees $ 419,220 $ 403,787 30,719
579 700-630 Scale Certification $ 237,387 $ 237,507 30,723
652 700-634 Laboratory Services $ 1,030,008 $ 1,037,518 30,727
669 700-635 Pesticide Program $ 1,552,133 $ 1,532,077 30,731
TOTAL SSR State Special Revenue
Fund Group $ 9,870,886 $ 9,812,485 30,734
TOTAL ALL BUDGET FUND GROUPS $ 38,473,038 $ 38,356,420 30,737
Exotic Meat Inspection 30,740
Of the foregoing appropriation item 700-499, Meat 30,742
Inspection Match, $10,000 in fiscal year 2000 and $10,000 in 30,743
fiscal year 2001 shall be used for the inspection of exotic meat. 30,744
Ohio Agricultural Surplus Production Alliance Initiative 30,746
692
Of the foregoing appropriation item 700-621, Ohio 30,749
Agricultural Surplus Production Alliance Initiative (Fund 3T8),
the Department of Agriculture shall use $1,000,000 in each fiscal 30,750
year to coordinate the purchase, storage, and distribution of 30,751
surplus commodities provided by growers, producers, and 30,752
processors with the Ohio Association of Second Harvest Foodbanks 30,753
(OASHF). The moneys shall be used only for the purchase, 30,754
storage, and transportation of these food products, and shall not 30,755
be used for capital construction or the purchase of capital 30,756
goods. No more than $50,000 in each fiscal year may be used for 30,757
administrative expenses. These food products shall be provided 30,758
to TANF eligible individuals. The Director of Agriculture, the 30,759
Director of Human Services, and the Director of Job and Family 30,760
Services shall develop operating and reporting guidelines for the 30,761
program.
Section 14. AIR AIR QUALITY DEVELOPMENT AUTHORITY 30,763
Agency Fund Group 30,765
4Z9 898-602 Small Business 30,768
Ombudsman $ 204,600 $ 209,579 30,770
5A0 898-603 Small Business 30,772
Assistance $ 184,140 $ 188,500 30,774
570 898-601 Operating Expenses $ 217,732 $ 223,000 30,778
TOTAL AGY Agency Fund Group $ 606,472 $ 621,079 30,781
TOTAL ALL BUDGET FUND GROUPS $ 606,472 $ 621,079 30,784
Section 15. ADA DEPARTMENT OF ALCOHOL AND 30,787
DRUG ADDICTION SERVICES 30,788
General Revenue Fund 30,790
GRF 038-321 Operating Expenses $ 1,549,614 $ 1,532,505 30,795
GRF 038-401 Alcohol and Drug 30,797
Addiction Services $ 32,081,379 $ 32,418,617 30,799
GRF 038-404 Prevention Services $ 1,429,136 $ 1,455,436 30,803
TOTAL GRF General Revenue Fund $ 35,060,129 $ 35,406,558 30,806
Federal Special Revenue Fund Group 30,809
3G3 038-603 Drug Free Schools $ 4,352,565 $ 4,352,565 30,814
693
3G4 038-614 Substance Abuse Block 30,816
Grant $ 61,964,608 $ 61,964,607 30,818
3H8 038-609 Demonstration Grants $ 2,999,879 $ 2,355,089 30,822
3J8 038-610 Medicaid $ 21,500,000 $ 21,500,000 30,826
3N8 038-611 Administrative 30,828
Reimbursement $ 932,509 $ 335,703 30,830
TOTAL FED Federal Special Revenue 30,831
Fund Group $ 91,749,561 $ 90,507,964 30,834
State Special Revenue Fund Group 30,837
4C5 038-606 Revolving 30,840
Loans/Recovery Homes $ 20,460 $ 20,972 30,842
475 038-621 Statewide Treatment 30,844
and Prevention $ 15,897,330 $ 16,338,475 30,846
689 038-604 Education and 30,848
Conferences $ 255,516 $ 260,624 30,850
TOTAL SSR State Special Revenue 30,851
Fund Group $ 16,173,306 $ 16,620,071 30,854
TOTAL ALL BUDGET FUND GROUPS $ 142,982,996 $ 142,534,593 30,857
Am. Sub. H.B. 484 of the 122nd General Assembly 30,860
Of the foregoing appropriation item 038-401, Alcohol and 30,862
Drug Addiction Services, all moneys except those designated for 30,863
other purposes in this section shall be expended in accordance 30,864
with the priorities established in Am. Sub. H.B. 484 of the 122nd 30,865
General Assembly.
Vocational Rehabilitation Services Agreement 30,867
The Department of Alcohol and Drug Addiction Services and 30,869
the Rehabilitation Services Commission shall enter into an 30,870
interagency agreement for the provision of vocational 30,871
rehabilitation services and staff to mutually eligible clients. 30,872
Of the foregoing appropriation item 038-401, Alcohol and Drug
Addiction Services, an amount up to $171,395 in fiscal year 2000 30,874
and $171,395 in fiscal year 2001 may be transferred to the 30,875
Rehabilitation Services Commission appropriation item 415-618, 30,876
Third Party Funding, to provide vocational rehabilitation 30,877
694
services and staff in accordance with the interagency agreement. 30,878
Treatment Services Expansion 30,880
Of the foregoing appropriation item 038-401, Alcohol and 30,882
Drug Addiction Services, $5,000,000 in fiscal year 2000 and 30,884
$5,000,000 in fiscal year 2001 shall be used by the Department of 30,886
Alcohol and Drug Addiction Services to expand community-based 30,887
treatment of nonviolent offenders, rural treatment services, and 30,888
treatment services to persons under 100% of the federal poverty
guidelines. 30,889
Funding for the Client Engagement and Treatment Outcomes 30,891
Study
Of the foregoing appropriation item 038-401, Alcohol and 30,893
Drug Addiction Services, $150,000 in fiscal year 2000 and 30,894
$150,000 in fiscal year 2001 shall be used to fund the study 30,896
required in this section under the heading of Client Engagement 30,897
and Treatment Outcomes Study. The funds shall be allocated to
participating boards for the cost of data collection, 30,898
professional contact with discharged clients, and providing 30,899
non-Medicaid reimbursable supports or services to clients, which 30,900
will aid in relapse prevention or client re-engagement, if 30,901
relapse has occurred. The Department shall use no more than five 30,902
per cent of these funds for administration.
Alcohol and Drug Addiction Services Transfer 30,904
Of the foregoing appropriation item 038-401, Alcohol and 30,906
Drug Addiction Services, $1,500,000 in fiscal year 2000 and 30,907
$2,000,000 in fiscal year 2001 shall be used to provide substance 30,908
abuse prevention and treatment services to children, or their 30,909
families, whose income is at or below 200 per cent of the 30,910
official income poverty guideline. 30,911
Of the foregoing appropriation item 038-401, Alcohol and 30,913
Drug Addiction Services, $123,864 in fiscal year 2000 and 30,914
$271,424 in fiscal year 2001 shall be used to fund adolescent 30,915
youth mentoring programs for children, or their families, whose 30,916
income is at or below 200 per cent of the official income poverty 30,917
695
guideline. The Director of the Department of Alcohol and Drug 30,918
Addiction Services and the Directors of the Department of Human 30,919
Services and Job and Family Services shall develop operating and 30,920
reporting guidelines for these programs. 30,921
Community Treatment Services 30,923
Of the foregoing appropriation item 038-401, Alcohol and 30,925
Drug Addiction Services, $100,000 in each fiscal year shall go to 30,926
the Stark County Alcohol and Drug Addiction Services Center to 30,927
provide treatment services. 30,928
Parent Awareness Task Force 30,930
The Parent Awareness Task Force shall study ways to engage 30,932
more parents in activities, coalitions, and educational programs 30,933
in Ohio relating to alcohol and other drug abuse prevention. Of 30,934
the foregoing appropriation item 038-404, Prevention Services, 30,935
$30,000 in each fiscal year may be used to support the functions 30,936
of the Parent Awareness Task Force.
Fund Adjustments 30,938
Effective July 1, 1999, or as soon thereafter as possible, 30,940
the Director of Budget and Management shall transfer the cash 30,942
balance in the Driver's Treatment and Intervention Fund (Fund 30,943
474), which is abolished in division (L)(2)(a) of section 30,944
4511.191 of the Revised Code as amended by this act, to the
Statewide Treatment and Prevention Fund (Fund 475), which is 30,946
created in section 4301.30 of the Revised Code and was formerly 30,947
named the Alcoholism Detoxification Centers Fund. The Director
shall cancel any existing encumbrances against appropriation item 30,949
038-628, DWI Treatment (Fund 474), and reestablish them against 30,950
appropriation item 038-621, Statewide Treatment and Prevention,
Fund 475. The amounts of the reestablished encumbrances are 30,951
hereby appropriated. 30,952
Client Engagement and Treatment Outcomes Study 30,955
(A) Not later than thirty days after the effective date of 30,957
this section, the Department of Alcohol and Drug Addiction 30,958
Services shall convene a study council for the purpose of 30,959
696
studying client engagement and treatment outcomes. The council 30,960
shall include, at a minimum, representatives of at least four 30,961
different boards of alcohol, drug addiction, and mental health 30,962
services serving urban and rural alcohol, drug addiction, and 30,963
mental health service districts; representatives of certified 30,964
alcohol and drug addiction programs under contract with boards of 30,965
alcohol, drug addiction, and mental health services to provide 30,966
comprehensive addiction services; and other professionals with 30,967
interest or expertise in client engagement and treatment 30,968
outcomes. The department shall recruit persons who have 30,969
successfully completed the treatment goals of an individualized 30,970
treatment plan developed by the type of alcohol and drug 30,971
addiction program represented on the council to volunteer as 30,972
subjects of the study. As a condition of volunteering to be a 30,973
subject, a person must consent in accordance with section 3793.13 30,974
of the Revised Code to the study council receiving and using in 30,975
the study the person's records and information that otherwise are 30,976
confidential under that section.
(B) The study council shall do all of the following: 30,978
(1) Conduct the study for two years; 30,980
(2) Design the study; 30,982
(3) Use at least the following methodologies in conducting 30,984
the study: 30,985
(a) Having a professional contact a subject of the study 30,987
on the fifteenth, thirtieth, and sixtieth day after the subject's 30,988
discharge from treatment; 30,989
(b) In the case of a subject involved in the criminal 30,991
justice system, having a review conducted of court-ordered 30,992
testing and other existing records available to the council; 30,993
(c) Having a subject's family, neighbors, or employer 30,995
contacted if the subject gives permission for the contact. 30,996
(4) Establish requirements for the study's conduct, 30,998
including the method of collecting data and analyzing the data; 30,999
(5) Collect data with which to measure outcome variables, 31,001
697
including relapse, criminal recidivism, and employment status 31,002
among the subjects of the study; 31,003
(6) Determine the most successful means of, and time 31,005
frames for, intervening with the subjects of the study after 31,006
discharge from alcohol and drug addiction treatment to prevent 31,007
relapse, maximize life stability, and, in the case of subjects 31,008
who relapse, intervene as early as possible to assist them in 31,009
participating in appropriate services and activities; 31,010
(7) Recommend changes to existing statewide clinical 31,012
protocols and quality standards for publicly funded alcohol and 31,013
drug addiction treatment services with the goal of reducing rates 31,014
of relapse after treatment discharge; 31,015
(8) Issue progress reports to the department as required 31,017
by the department; 31,018
(9) Not later than ninety days after the conclusion of the 31,020
study, issue a final report to the department, the Speaker and 31,021
Minority Leader of the House of Representatives, and the 31,022
President and Minority Leader of the Senate. The final report 31,023
shall contain the council's recommendations for changes to state 31,024
law and rules with the goal of improving clinical quality and 31,025
reducing rates of relapse following treatment discharge. 31,026
(C) The study council shall cease to exist on completion 31,028
of its final report. 31,029
(D) The department shall look for and pursue funding 31,031
available to support the work of the study council, including any 31,032
funding available from the United States Substance Abuse and 31,033
Mental Health Services Administration and private charitable 31,034
foundations.
Section 16. AMB AMBULANCE LICENSING BOARD 31,036
General Services Fund Group 31,038
4N1 915-601 Operating Expenses $ 238,563 $ 235,570 31,043
TOTAL GSF General Services 31,044
Fund Group $ 238,563 $ 235,570 31,047
TOTAL ALL BUDGET FUND GROUPS $ 238,563 $ 235,570 31,050
698
Section 17. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS 31,053
General Services Fund Group 31,055
4K9 891-609 Operating Expenses $ 430,407 $ 430,473 31,060
TOTAL GSF General Services Fund 31,061
Group $ 430,407 $ 430,473 31,064
TOTAL ALL BUDGET FUND GROUPS $ 430,407 $ 430,473 31,067
Section 18. ART OHIO ARTS COUNCIL 31,071
General Revenue Fund 31,073
GRF 370-100 Personal Services $ 2,152,354 $ 2,183,954 31,078
GRF 370-200 Maintenance $ 565,024 $ 578,585 31,082
GRF 370-300 Equipment $ 33,500 $ 34,304 31,086
GRF 370-502 Program Subsidies $ 12,180,992 $ 12,998,016 31,090
TOTAL GRF General Revenue Fund $ 14,931,870 $ 15,794,859 31,093
General Services Fund Group 31,096
4B7 370-603 Per Cent for Art 31,099
Acquisitions $ 81,066 $ 83,012 31,101
460 370-602 Gifts and Donations $ 121,661 $ 124,368 31,105
TOTAL GSF General Services Fund 31,106
Group $ 202,727 $ 207,380 31,109
Federal Special Revenue Fund Group 31,112
314 370-601 Federal Programs $ 664,600 $ 664,600 31,117
TOTAL FED Federal Special Revenue 31,118
Fund Group $ 664,600 $ 664,600 31,121
TOTAL ALL BUDGET FUND GROUPS $ 15,799,197 $ 16,666,839 31,124
Program Subsidies 31,127
A museum is not eligible to receive funds from 31,129
appropriation item 370-502, Program Subsidies, if $8,000,000 or 31,130
more in capital appropriations were appropriated by the state for 31,131
the museum between January 1, 1986, and December 31, 2000. 31,132
Per Cent for Art Acquisitions 31,134
The unobligated balance remaining from prior projects of 31,136
appropriation item 370-603, Per Cent for Art Acquisitions, shall 31,138
be used by the Ohio Arts Council to pay for start-up costs in 31,139
connection with the selection of artists of new Per Cent for Art 31,140
699
projects.
In accordance with section 3379.10 of the Revised Code, the 31,142
Director of Budget and Management shall determine which 31,143
appropriations in this act are subject to the Per Cent for the 31,144
Arts Program. Not later than forty-five days after the effective 31,145
date of this section, the Director of Budget and Management shall 31,146
submit to the Director of the Ohio Arts Council and the 31,147
Controlling Board a report detailing the affected capital 31,148
projects by agency and appropriation item number, the amount of 31,150
the appropriation, and the amount of the appropriation reserved 31,151
for the Per Cent for the Arts Program.
Section 19. AFC OHIO ARTS AND SPORTS FACILITIES 31,154
COMMISSION 31,155
General Revenue Fund 31,157
GRF 371-321 Operating Expenses $ 908,925 $ 940,557 31,162
GRF 371-401 Lease Rental Payments $ 24,400,000 $ 32,600,000 31,166
TOTAL GRF General Revenue Fund $ 25,308,925 $ 33,540,557 31,169
General Services Fund Group 31,172
4T8 371-601 Riffe Theatre 31,175
Equipment Maintenance $ 21,622 $ 22,141 31,177
TOTAL GSF General Services Fund 31,178
Group $ 21,622 $ 22,141 31,181
TOTAL ALL BUDGET FUND GROUPS $ 25,330,547 $ 33,562,698 31,184
Capital Donations Fund 31,187
The Executive Director of the Arts and Sports Facilities 31,189
Commission shall certify to the Director of Budget and Management 31,190
the amount of cash receipts and related investment income, 31,191
irrevocable letters of credit from a bank or private nonprofit 31,192
entity, or certification of the availability of funds which have 31,193
been received from a county or city auditor for deposit to the
Capital Donations Fund. These amounts are hereby appropriated to 31,194
appropriation item 371-602, Capital Donations. Prior to 31,196
certifying these amounts to the director, the executive director 31,197
shall make a written agreement with the participating entity on 31,198
700
the necessary cash flows required for the anticipated
construction or equipment acquisition project. 31,199
Capital Donations Fund Refunds 31,201
At the request of the Arts and Sports Facilities 31,203
Commission, the Director of Budget and Management shall cancel 31,204
current and prior year encumbrances in appropriation item 31,205
371-602, Capital Donations Fund, which are no longer needed for a 31,206
project to refund excess donations as authorized in section
3383.08 of the Revised Code. As determined by the Director of 31,207
Budget and Management, the appropriation authority necessary to 31,208
make the refund is hereby appropriated. 31,209
Ohio Building Authority Lease Payments 31,211
Appropriations to the Arts and Sports Facilities Commission 31,213
from the General Revenue Fund include $57,000,000 for the 31,214
biennium for appropriation item 371-401, Lease Rental Payments. 31,215
This appropriation shall be used for payments to the Ohio 31,216
Building Authority for the period July 1, 1999 to June 30, 2001, 31,217
pursuant to the primary leases and agreements for those buildings 31,218
made under Chapter 152. of the Revised Code which are the source 31,219
of funds pledged for bond service charges on related obligations 31,220
issued pursuant to Chapter 152. of the Revised Code. 31,221
Section 20. ATH ATHLETIC COMMISSION 31,223
Special Services Fund Group 31,225
4K9 175-609 Athletic Commission - 31,228
Operating $ 137,640 $ 137,946 31,230
TOTAL GSF General Services Fund $ 137,640 $ 137,946 31,233
Group
TOTAL ALL BUDGET FUND GROUPS $ 137,640 $ 137,946 31,236
Section 21. AGO ATTORNEY GENERAL 31,239
General Revenue Fund 31,241
GRF 055-321 Operating Expenses $ 56,367,407 $ 60,440,184 31,246
GRF 055-405 Law-Related Education $ 190,164 $ 195,489 31,250
GRF 055-411 County Sheriffs $ 590,612 $ 607,149 31,254
GRF 055-415 County Prosecutors $ 495,027 $ 508,888 31,258
701
TOTAL GRF General Revenue Fund $ 57,643,210 $ 61,751,710 31,261
General Services Fund Group 31,264
106 055-612 General Reimbursement $ 11,252,999 $ 11,610,180 31,269
107 055-624 Employment Services $ 1,064,659 $ 1,116,469 31,273
195 055-660 Workers' Compensation 31,275
Section $ 6,646,301 $ 6,794,833 31,277
4Y7 055-608 Title Defect 31,279
Rescission $ 785,800 $ 807,141 31,281
4Z2 055-609 BCI Asset Forfeiture 31,283
and Cost
Reimbursement $ 308,400 $ 317,035 31,285
418 055-615 Charitable 31,287
Foundations $ 1,460,757 $ 1,498,158 31,289
420 055-603 Attorney General 31,291
Antitrust $ 220,108 $ 226,184 31,293
421 055-617 Police Officers' 31,295
Training Academy Fee $ 1,035,353 $ 1,062,272 31,297
5A9 055-618 Telemarketing Fraud 31,299
Enforcement $ 50,000 $ 50,000 31,301
590 055-633 Peace Officer Private 31,303
Security Fund $ 85,962 $ 90,790 31,305
629 055-636 Corrupt Activity 31,307
Investigation and
Prosecution $ 100,503 $ 103,317 31,309
631 055-637 Consumer Protection 31,311
Enforcement $ 490,936 $ 503,555 31,313
TOTAL GSF General Services Fund 31,314
Group $ 23,501,778 $ 24,179,934 31,317
Federal Special Revenue Fund Group 31,319
3E5 055-638 Anti-Drug Abuse $ 2,650,000 $ 2,650,000 31,324
3R6 055-613 Attorney General 31,326
Federal Funds $ 1,000,000 $ 1,000,000 31,328
306 055-620 Medicaid Fraud 31,330
Control $ 2,515,772 $ 2,515,772 31,332
702
381 055-611 Civil Rights Legal 31,334
Service $ 315,329 $ 315,329 31,336
383 055-634 Crime Victims 31,338
Assistance $ 8,000,000 $ 6,500,000 31,340
TOTAL FED Federal Special Revenue 31,341
Fund Group $ 14,481,101 $ 12,981,101 31,344
State Special Revenue Fund Group 31,347
108 055-622 Crime Victims 31,350
Compensation $ 4,039,318 $ 4,142,419 31,352
176 055-625 Victims Assistance 31,354
Office $ 374,768 $ 384,353 31,356
177 055-626 Victims Assistance 31,358
Programs $ 1,745,612 $ 1,794,489 31,360
4L6 055-606 DARE $ 3,738,067 $ 3,744,361 31,364
417 055-621 Domestic Violence 31,366
Shelter $ 13,458 $ 13,835 31,368
419 055-623 Claims Section $ 16,740,686 $ 17,177,546 31,372
659 055-641 Solid and Hazardous 31,374
Waste Background
Investigations $ 756,162 $ 775,535 31,376
TOTAL SSR State Special Revenue 31,377
Fund Group $ 27,408,071 $ 28,032,538 31,380
Holding Account Redistribution Fund Group 31,383
R03 055-629 Bingo License Refunds $ 5,200 $ 5,200 31,388
R04 055-631 General Holding 31,390
Account $ 75,000 $ 75,000 31,392
R05 055-632 Antitrust Settlements $ 10,400 $ 10,400 31,396
R18 055-630 Consumer Frauds $ 750,000 $ 750,000 31,400
R42 055-601 Organized Crime 31,402
Commission Account $ 200,000 $ 200,000 31,404
TOTAL 090 Holding Account 31,405
Redistribution Fund Group $ 1,040,600 $ 1,040,600 31,408
TOTAL ALL BUDGET FUND GROUPS $ 124,074,760 $ 127,985,883 31,411
Law-Related Education 31,414
703
The foregoing appropriation item 055-405, Law-Related 31,416
Education, shall be distributed directly to the Ohio Center for 31,417
Law-Related Education for the purposes of providing continuing 31,418
citizenship education activities to primary and secondary 31,419
students and accessing additional public and private money for 31,420
new programs. 31,421
Workers' Compensation Section 31,423
The Workers' Compensation Section Fund (Fund 195) shall 31,425
receive payments from the Bureau of Workers' Compensation and the 31,426
Ohio Industrial Commission at the beginning of each quarter of 31,427
each fiscal year to fund legal services to be provided to the 31,428
Bureau of Workers' Compensation and the Ohio Industrial 31,429
Commission during the ensuing quarter. Such advance payment 31,430
shall be subject to adjustment. 31,431
In addition, the Bureau of Workers' Compensation shall 31,433
transfer payments at the beginning of each quarter for the 31,434
support of the Workers' Compensation Fraud Unit. 31,435
All amounts shall be mutually agreed upon by the Attorney 31,437
General, the Bureau of Workers' Compensation, and the Ohio 31,438
Industrial Commission. 31,439
Corrupt Activity Investigation and Prosecution 31,441
The foregoing appropriation item 055-636, Corrupt Activity 31,443
Investigation and Prosecution, shall be used as provided by 31,444
division (D)(2) of section 2923.35 of the Revised Code to dispose 31,445
of the proceeds, fines, and penalties credited to the Corrupt 31,446
Activity Investigation and Prosecution Fund, which is created in 31,447
division (D)(1)(b) of section 2923.35 of the Revised Code. If it 31,448
is determined that additional amounts are necessary, the amounts 31,449
are hereby appropriated.
Section 22. AUD AUDITOR OF STATE 31,451
General Revenue Fund 31,453
GRF 070-321 Operating Expenses $ 33,329,077 $ 33,625,207 31,458
GRF 070-403 Fiscal 31,460
Watch/Emergency
704
Technical Assistance $ 250,000 $ 250,000 31,462
GRF 070-405 Electronic Data 31,464
Processing - Auditing
and Administration $ 850,406 $ 858,421 31,466
GRF 070-406 Uniform Accounting 31,468
Network/Technology
Improvements Fund $ 3,500,000 $ 5,500,000 31,470
TOTAL GRF General Revenue Fund $ 37,929,483 $ 40,233,628 31,473
General Services Fund Group 31,476
109 070-601 Public Audit Expense 31,479
- Intra-State $ 8,713,266 $ 8,933,768 31,481
422 070-601 Public Audit Expense 31,483
- Local Government $ 35,568,004 $ 36,472,007 31,485
584 070-603 Training Program $ 164,558 $ 168,819 31,489
675 070-605 Uniform Accounting 31,491
Network $ 1,196,458 $ 1,229,253 31,493
TOTAL GSF General Services Fund 31,494
Group $ 45,642,286 $ 46,803,847 31,497
Holding Account Redistribution Fund Group 31,500
R06 070-604 Continuous Receipts $ 200,000 $ 200,000 31,505
TOTAL 090 Holding Account 31,506
Redistribution Fund Group $ 200,000 $ 200,000 31,509
TOTAL ALL BUDGET FUND GROUPS $ 83,771,769 $ 87,237,475 31,512
Electronic Data Processing 31,515
The unencumbered balance of appropriation item 070-405, 31,517
Electronic Data Processing-Auditing and Administration, at the 31,518
end of fiscal year 2000 is hereby transferred to fiscal year 2001 31,519
for use under the same appropriation item. 31,520
Uniform Accounting Network/Technology Improvements Fund 31,522
The foregoing appropriation item 070-406, Uniform 31,524
Accounting Network/Technology Improvements Fund, shall be used to 31,525
pay the costs of the development and implementation of the 31,528
Uniform Accounting Network and technology improvements for the 31,529
Auditor of State's Office. The unencumbered balance of the 31,530
705
appropriation at the end of fiscal year 2000 is hereby 31,531
transferred to fiscal year 2001 to pay the costs of the 31,532
development and implementation of the Uniform Accounting Network 31,533
and technology improvements for the Auditor of State's Office. 31,534
Section 23. BRB BOARD OF BARBER EXAMINERS 31,536
General Services Fund Group 31,538
4K9 877-609 Operating Expenses $ 450,186 $ 442,657 31,543
TOTAL GSF General Services Fund 31,544
Group $ 450,186 $ 442,657 31,547
TOTAL ALL BUDGET FUND GROUPS $ 450,186 $ 442,657 31,550
Section 24. OBM OFFICE OF BUDGET AND MANAGEMENT 31,553
General Revenue Fund 31,555
GRF 042-321 Budget Development 31,558
and Implementation $ 2,250,596 $ 2,249,452 31,560
GRF 042-401 Office of Quality 31,562
Services $ 597,326 $ 581,355 31,564
GRF 042-410 National Association 31,566
Dues $ 24,360 $ 25,578 31,568
GRF 042-412 Biennial Audit $ 0 $ 42,000 31,572
GRF 042-434 Financial Planning 31,574
Commissions $ 381,493 $ 333,795 31,576
TOTAL GRF General Revenue Fund $ 3,253,775 $ 3,232,180 31,579
General Services Fund Group 31,582
105 042-603 State Accounting $ 8,078,632 $ 8,067,780 31,587
4C1 042-601 Quality Services 31,589
Academy $ 120,000 $ 125,000 31,591
TOTAL GSF General Services Fund 31,592
Group $ 8,198,632 $ 8,192,780 31,595
TOTAL ALL BUDGET FUND GROUPS $ 11,452,407 $ 11,424,960 31,598
Office of Quality Services 31,601
A portion of the foregoing appropriation item 042-401, 31,603
Office of Quality Services, may be used to provide financial 31,604
sponsorship support for conferences and showcases that promote 31,605
quality improvement efforts. Such expenditures are not subject 31,606
706
to Chapter 125. of the Revised Code.
Quality Conferences 31,608
The Office of Quality Services may cosponsor the Team-Up 31,610
Ohio Conference and the Team Excellence in the Public Sector 31,611
(TEPS) Showcase. The office may grant funds to other sponsoring 31,612
entities for the purpose of conducting these events, provided 31,613
that such grants are used exclusively for the direct expenses of 31,614
the events.
Any state agency, at the discretion and with the approval 31,616
of the director or other executive authority of the agency, may 31,617
provide financial or in-kind support for the Team-Up Ohio 31,618
Conference and Team Excellence in the Public Sector (TEPS) 31,619
Showcase cosponsored by the Office of Quality Services. Any
financial contribution made by an agency shall not exceed $3,000 31,620
annually.
Audit Costs 31,622
Of the foregoing appropriation item 042-603, State 31,624
Accounting, no more than $310,000 in fiscal year 2000 and 31,625
$325,000 in fiscal year 2001 shall be used to pay for centralized 31,626
audit costs associated with either Single Audit Schedules or the 31,627
General Purpose Financial Statements for the state. 31,628
Section 25. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD 31,630
General Revenue Fund 31,632
GRF 874-321 Operating Expenses $ 4,473,069 $ 4,071,007 31,637
TOTAL GRF General Revenue Fund $ 4,473,069 $ 4,071,007 31,640
General Services Fund Group 31,643
4G5 874-603 Capitol Square 31,646
Maintenance Expenses $ 952,492 $ 979,162 31,649
4S7 874-602 Statehouse Gift 31,651
Shop/Events $ 216,325 $ 221,930 31,653
4T2 874-604 Government 31,655
Television/
Telecommunications
Operating $ 318,304 $ 327,217 31,657
707
TOTAL GSF General Services 31,658
Fund Group $ 1,487,121 $ 1,528,309 31,661
Underground Parking Garage 31,664
208 874-601 Underground Parking 31,667
Garage Operating $ 2,349,722 $ 2,412,097 31,669
TOTAL UPG Underground Parking 31,670
Garage $ 2,349,722 $ 2,412,097 31,673
TOTAL ALL BUDGET FUND GROUPS $ 8,309,912 $ 8,011,413 31,676
Capitol Square Retaining Wall 31,679
Of the foregoing appropriation item 874-321, Operating 31,681
Expenses, $500,000 in fiscal year 2000 shall be used to complete 31,682
the replacement of the Capitol Square retaining wall. 31,683
Ohio Government Telecommunications 31,685
The foregoing appropriation item 874-604, Government 31,687
Television/Telecommunications Operating Fund, shall be used to 31,689
pay for the operations of the Ohio Government Telecommunications 31,690
program.
Cash Transfer to the Department of Commerce 31,692
Within 60 days of the effective date of this section, the 31,694
Director of Budget and Management shall transfer $500,000 cash 31,695
from the Capitol Square Review and Advisory Board Revival 31,696
Reimbursement Fund (Fund 4Y9) to the Department of Commerce's 31,697
Division of Administration fund (Fund 163). This cash transfer
shall be used to repay a fiscal year 1994 loan. 31,698
Section 26. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS 31,700
General Services Fund Group 31,702
4K9 878-609 Operating Expenses $ 486,723 $ 496,163 31,707
TOTAL GSF General Services Fund 31,708
Group $ 486,723 $ 496,163 31,711
TOTAL ALL BUDGET FUND GROUPS $ 486,723 $ 496,163 31,714
Section 27. CIV OHIO CIVIL RIGHTS COMMISSION 31,717
General Revenue Fund 31,719
GRF 876-100 Personal Services $ 9,281,149 $ 9,467,977 31,724
GRF 876-200 Maintenance $ 1,068,519 $ 1,094,163 31,728
708
GRF 876-300 Equipment $ 121,033 $ 123,938 31,732
TOTAL GRF General Revenue Fund $ 10,470,701 $ 10,686,078 31,735
Federal Special Revenue Fund Group 31,738
334 876-601 Federal Programs $ 2,376,200 $ 2,381,200 31,743
TOTAL FED Federal Special Revenue 31,744
Fund Group $ 2,376,200 $ 2,381,200 31,747
State Special Revenue Fund Group 31,750
217 876-604 General Reimbursement $ 20,000 $ 20,000 31,755
TOTAL SSR State Special 31,756
Revenue Fund Group $ 20,000 $ 20,000 31,759
TOTAL ALL BUDGET FUND GROUPS $ 12,866,901 $ 13,087,278 31,762
Section 28. COM DEPARTMENT OF COMMERCE 31,765
General Revenue Fund 31,767
GRF 800-402 Grants - Volunteer 31,770
Fire Departments $ 782,478 $ 819,807 31,772
Total GRF General Revenue Fund $ 782,478 $ 819,807 31,775
General Services Fund Group 31,778
163 800-620 Division of 31,781
Administration $ 4,771,766 $ 4,787,925 31,783
TOTAL GSF General Services Fund 31,784
Group $ 4,771,766 $ 4,787,925 31,787
Federal Special Revenue Fund Group 31,790
348 800-622 Underground Storage 31,793
Tanks $ 200,580 $ 195,008 31,795
348 800-624 Leaking Underground 31,797
Storage Tanks $ 1,314,605 $ 1,295,920 31,799
TOTAL FED Federal Special Revenue 31,800
Fund Group $ 1,515,185 $ 1,490,928 31,803
State Special Revenue Fund Group 31,806
4B2 800-631 Real Estate Appraisal 31,809
Recovery $ 68,500 $ 68,500 31,811
4D2 800-605 Auction Education $ 30,230 $ 30,476 31,815
4H9 800-608 Cemeteries $ 237,344 $ 243,434 31,819
709
4L5 800-609 Fireworks Training 31,821
and Education $ 5,000 $ 5,000 31,823
4X2 800-619 Financial 31,825
Institutions $ 1,920,385 $ 1,873,615 31,827
5B8 800-628 Auctioneers $ 347,591 $ 323,316 31,831
5B9 800-632 PI & Security Guard 31,833
Provider $ 935,159 $ 940,874 31,835
543 800-602 Unclaimed 31,837
Funds-Operating $ 4,611,007 $ 4,663,857 31,839
543 800-625 Unclaimed 31,841
Funds-Claims $ 23,783,981 $ 24,354,796 31,843
544 800-612 Banks $ 5,979,092 $ 5,956,369 31,847
545 800-613 Savings Institutions $ 2,612,665 $ 2,616,829 31,851
546 800-610 Fire Marshal $ 9,454,594 $ 9,427,122 31,855
547 800-603 Real Estate 31,857
Education/Research $ 248,237 $ 254,194 31,859
548 800-611 Real Estate Recovery $ 271,972 $ 271,972 31,863
549 800-614 Real Estate $ 2,761,635 $ 2,692,093 31,867
550 800-617 Securities $ 4,675,239 $ 4,639,787 31,871
552 800-604 Credit Union $ 2,280,531 $ 2,266,517 31,875
553 800-607 Consumer Finance $ 2,364,776 $ 2,258,617 31,879
556 800-615 Industrial Compliance $ 19,321,973 $ 19,052,662 31,883
6A4 800-630 Real Estate 31,885
Appraiser-Operating $ 496,596 $ 489,207 31,887
653 800-629 UST 31,889
Registration/Permit
Fee $ 1,019,988 $ 1,014,332 31,891
TOTAL SSR State Special Revenue 31,892
Fund Group $ 83,426,495 $ 83,443,569 31,895
Liquor Control Fund Group 31,898
043 800-321 Liquor Control 31,901
Operating $ 15,694,491 $ 14,245,821 31,903
043 800-601 Merchandising $ 290,319,584 $ 298,454,701 31,907
861 800-634 Salvage and Exchange $ 105,000 $ 105,000 31,911
710
TOTAL LCF Liquor Control 31,912
Fund Group $ 306,119,075 $ 312,805,522 31,915
TOTAL ALL BUDGET FUND GROUPS $ 396,614,999 $ 403,347,751 31,918
Grants - Volunteer Fire Departments 31,921
The foregoing appropriation item 800-402, Grants - 31,923
Volunteer Fire Departments, shall be used to make annual grants 31,924
to volunteer fire departments of up to $10,000, or up to $25,000 31,925
in cases when the volunteer fire department provides service for 31,926
an area affected by a natural disaster. The program shall be 31,928
administered by the Fire Marshal under the Department of 31,929
Commerce. The Fire Marshal shall issue necessary rules for the 31,930
administration and operation of this program. 31,931
Unclaimed Funds Payments 31,933
The foregoing appropriation item 800-625, Unclaimed 31,935
Funds-Claims, shall be used to pay claims pursuant to section 31,936
169.08 of the Revised Code. If it is determined that additional 31,937
amounts are necessary, the amounts are hereby appropriated. 31,938
Increased Appropriation Authority - Merchandising 31,940
The Director of Commerce may, upon concurrence by the 31,942
Director of Budget and Management, submit to the Controlling 31,943
Board for approval a request for increased appropriation 31,944
authority for appropriation item 800-601, Merchandising. 31,945
Administrative Assessments 31,947
Notwithstanding any other provision of law to the contrary, 31,949
Fund 163, Administration, shall receive assessments from all 31,950
operating funds of the department in accordance with procedures 31,951
prescribed by the Director of Commerce and approved by the 31,952
Director of Budget and Management.
Cash Balance Transfer 31,954
On July 1, 1999, or as soon thereafter as possible, the 31,956
Director of Budget and Management shall transfer the cash balance 31,957
in the Savings Bank Fund (Fund 4G8), which was abolished in this 31,958
act by the repeal of section 1163.17 of the Revised Code, to the 31,959
Savings Institutions Fund (Fund 545), which is created in this 31,960
711
act by the enactment of section 1181.18 of the Revised Code. The
Director shall cancel any existing encumbrances against 31,961
appropriation item 800-606, Savings Banks, and reestablish them 31,962
against appropriation item, 800-613, Savings Institutions (Fund 31,963
545). The amounts of the reestablished encumbrances are hereby 31,964
appropriated.
Section 29. OCC OFFICE OF CONSUMERS' COUNSEL 31,966
General Services Fund Group 31,968
5F5 053-601 Operating Expenses $ 7,114,415 $ 7,082,869 31,973
TOTAL GSF General Services 31,974
Fund Group $ 7,114,415 $ 7,082,869 31,977
TOTAL ALL BUDGET FUND GROUPS $ 7,114,415 $ 7,082,869 31,980
Section 30. CEB CONTROLLING BOARD 31,983
General Revenue Fund 31,985
GRF 911-401 Emergency 31,988
Purposes/Contingencies$ 6,000,000 $ 6,000,000 31,990
GRF 911-402 Employee Compensation 31,992
Adjustment $ 0 $ 38,000,000 31,994
GRF 911-403 School District 31,996
Financial Planning $ 500,000 $ 500,000 31,998
GRF 911-404 Mandate Assistance $ 2,000,000 $ 2,000,000 32,002
GRF 911-419 Foster Caregiver 32,004
Training $ 0 $ 3,000,000 32,006
GRF 911-441 Ballot Advertising 32,008
Costs $ 800,000 $ 800,000 32,010
TOTAL GRF General Revenue Fund $ 9,300,000 $ 50,300,000 32,013
State Special Revenue Fund Group 32,015
5E2 911-601 Disaster Services $ 5,000,000 $ 0 32,020
TOTAL SSR State Special 32,021
Revenue Fund Group $ 5,000,000 $ 0 32,024
TOTAL ALL BUDGET FUND GROUPS $ 14,300,000 $ 50,300,000 32,027
Federal Share 32,030
In transferring appropriations to or from appropriation 32,032
items that have federal shares identified in this act, the 32,034
712
Controlling Board shall add or subtract corresponding amounts of 32,035
federal matching funds at the percentages indicated by the state 32,036
and federal division of the appropriations in this act. Such 32,038
changes are hereby appropriated. 32,039
Disaster Assistance 32,041
Pursuant to requests submitted by the Department of Public 32,043
Safety, the Controlling Board may approve transfers from the 32,044
foregoing appropriation item 911-401, Emergency 32,045
Purposes/Contingencies, to a Department of Public Safety General 32,046
Revenue Fund appropriation item to provide funding for assistance 32,047
to political subdivisions made necessary by natural disasters or 32,048
emergencies. Such transfers may be requested and approved prior 32,049
to the occurrence of any specific natural disasters or 32,050
emergencies in order to facilitate the provision of timely 32,051
assistance. The Emergency Management Agency of the Department of
Public Safety shall use such funding for disaster aid requests 32,052
that meet Controlling Board criteria for assistance. The 32,053
department shall submit a report to the Controlling Board 32,054
quarterly describing all such disaster aid.
Southern Ohio Correctional Facility Cost 32,056
The Office of Criminal Justice Services and the Public 32,058
Defender Commission may each request, upon approval of the 32,059
Director of Budget and Management, additional funds from the 32,060
foregoing appropriation item 911-401, Emergency 32,061
Purposes/Contingencies, for costs related to the disturbance that 32,062
occurred on April 11, 1993, at the Southern Ohio Correctional 32,063
Facility in Lucasville, Ohio. 32,064
Disaster Services 32,066
The foregoing appropriation item 911-601, Disaster 32,068
Services, shall be used by the Controlling Board, pursuant to 32,070
requests submitted by state agencies, to transfer cash and 32,071
appropriation authority to any fund and appropriation line item 32,072
of the state for the payment of state agency program expenses 32,074
related to the following:
713
(A) The southern Ohio flooding, referred to as 32,077
FEMA-DR-1164-OH;
(B) The flood/storm disaster referred to as 32,081
FEMA-DR-1227-OH; and
(C) If the Director of Budget and Management determines 32,085
that sufficient funds exist beyond the expected program costs of 32,086
these two disasters, other disasters declared by the Governor. 32,088
The amount appropriated in fiscal year 2000 for the 32,090
foregoing appropriation item 911-601, Disaster Services, is the 32,092
unencumbered and unallotted cash balance that exists in Fund 5E2
on June 30, 1999. 32,093
Employee Compensation 32,095
Notwithstanding division (D) of section 127.14 and division 32,097
(B) of section 131.35 of the Revised Code, except for the General 32,098
Revenue Fund, the Controlling Board may, upon the request of 32,099
either the Director of Budget and Management, or a state agency 32,100
with the approval of the Director of Budget and Management, 32,101
increase appropriations for any fund, as necessary for the 32,102
various state agencies, to assist in paying the costs of 32,103
increases in employee compensation that occur on or after July 1, 32,104
2000, that are provided pursuant to collective bargaining 32,105
agreements under Chapter 4117. of the Revised Code and the costs 32,106
of increased compensation provided for employees that are exempt 32,107
from collective bargaining. 32,108
The Controlling Board may transfer appropriations from the 32,110
foregoing appropriation item 911-402, Employee Compensation 32,111
Adjustment, to the various agencies based on requests submitted 32,112
by the Director of Budget and Management to assist in paying for 32,113
the General Revenue Fund's share of employee compensation 32,114
increases resulting from collective bargaining agreements under
Chapter 4117. of the Revised Code and the costs of increased 32,115
compensation that are provided to employees that are exempt from 32,116
collective bargaining.
School District Financial Planning 32,118
714
The foregoing appropriation item 911-403, School District 32,120
Financial Planning, shall be used to pay costs of implementing 32,121
the school district watch and fiscal emergency provisions of 32,122
sections 3316.01 to 3316.08 of the Revised Code, including the 32,123
expenses of the school district financial planning and 32,124
supervision commission. Upon the request of any agency involved 32,125
in implementing the school district watch or fiscal emergency 32,126
provisions, the Controlling Board may transfer all or part of the 32,128
appropriation to the agency.
Mandate Assistance 32,130
(A) The foregoing appropriation item 911-404, Mandate 32,132
Assistance, shall be used to provide financial assistance to 32,133
local units of government, school districts, and fire departments 32,135
for the cost of the following three unfunded state mandates: 32,136
(1) The cost to county prosecutors for prosecuting certain 32,138
felonies that occur on the grounds of state institutions operated 32,140
by the Department of Rehabilitation and Correction and the 32,141
Department of Youth Services;
(2) The cost, primarily to small villages and townships, 32,143
of providing firefighter training and equipment or gear; and 32,144
(3) The cost to school districts of in-service training 32,146
for child abuse detection. 32,147
(B) The State and Local Government Commission may prepare 32,149
and submit to the Controlling Board one or more requests to 32,150
transfer appropriations from appropriation item 911-404, Mandate 32,151
Assistance, to the state agencies charged with administering the 32,152
state financial assistance to be provided under this section. 32,153
The state agencies charged with this administrative 32,155
responsibility are listed below, as well as the estimated annual 32,156
amounts that the commission may propose be used for each program 32,158
of state financial assistance.
Administering Estimated Annual 32,163
Program Agency Amount 32,166
Prosecution Costs Office of Criminal 32,169
715
Justice Services $200,000 32,171
Firefighter Training Department of 32,173
Costs Commerce $1,000,000 32,174
Child Abuse Detection Department of 32,176
Training Costs Education $800,000 32,177
(C) Subject to the total amount appropriated in each 32,180
fiscal year for appropriation item 911-404, Mandate Assistance, 32,181
the commission may propose to the Controlling Board that amounts 32,183
smaller or larger than these estimated annual amounts be 32,184
transferred to each program. 32,185
(D) In addition to making the initial transfers requested 32,187
by the commission, the Controlling Board may, if requested by the 32,189
commission, transfer appropriations received by a state agency 32,191
under this section back to appropriation item 911-404, Mandate 32,192
Assistance, or to one or more of the other programs of state 32,193
financial assistance identified under this section. 32,194
(E) It is expected that not all costs incurred by local 32,196
units of government, school districts, and fire departments under 32,197
each of the three programs of state financial assistance 32,198
identified under this section will be fully reimbursed by the 32,199
state. Reimbursement levels may vary by program and shall be 32,200
based on: the relationship between the appropriation transfers 32,201
requested by the commission and provided by the Controlling Board 32,202
for each of the programs; the rules and procedures established 32,204
for each program by the commission and the administering state 32,205
agency; and the actual costs incurred by local units of 32,207
government, school districts, and fire departments. 32,208
(F) Each of these programs of state financial assistance 32,210
shall be carried out as follows: 32,211
(1) Prosecution Costs 32,213
(a) Appropriations may be transferred to the Office of 32,215
Criminal Justice Services to cover local prosecution costs for 32,216
aggravated murder, murder, felonies of the first degree, and 32,217
felonies of the second degree that occur on the grounds of 32,218
716
institutions operated by the Department of Rehabilitation and 32,219
Correction and the Department of Youth Services. 32,220
(b) Upon a delinquency filing in juvenile court or the 32,222
return of an indictment for aggravated murder, murder, or any 32,223
felony of the first or second degree that was committed at a 32,224
Department of Youth Services or a Department of Rehabilitation 32,225
and Correction institution, the affected county may, in 32,226
accordance with rules that the Office of Criminal Justice 32,227
Services shall adopt, apply to the Office of Criminal Justice 32,228
Services for a grant to cover all documented costs that are 32,229
incurred by the county prosecutor's office. 32,230
(c) Twice each year, the Office of Criminal Justice 32,232
Services shall designate counties to receive grants from those 32,234
counties that have submitted one or more applications in 32,235
compliance with the rules that have been adopted by the Office of 32,236
Criminal Justice Services for the receipt of such grants. In 32,237
each year's first round of grant awards, if sufficient 32,238
appropriations have been made, up to a total of $100,000 may be 32,240
awarded. In each year's second round of grant awards, the 32,241
remaining appropriations available for this purpose may be 32,242
awarded.
(d) If for a given round of grants there are insufficient 32,244
appropriations to make grant awards to all the eligible counties, 32,246
the first priority shall be given to counties with cases 32,247
involving aggravated murder and murder, second priority shall be 32,248
given to cases involving a felony of the first degree, and third 32,249
priority shall be given to cases involving a felony of the second 32,250
degree. Within these priorities, the grant awards shall be based 32,251
on the order in which the applications were received, except that 32,252
applications for cases involving a felony of the first or second 32,253
degree shall not be considered in more than two consecutive 32,254
rounds of grant awards.
(2) Firefighter Training Costs 32,256
Appropriations may be transferred to the Department of 32,258
717
Commerce for use as full or partial reimbursement to local units 32,259
of government and fire departments for the cost of firefighter 32,260
training and equipment or gear. In accordance with rules that 32,261
the department shall adopt, a local unit of government or fire 32,262
department may apply to the department for a grant to cover all 32,263
documented costs that are incurred to provide firefighter 32,264
training and equipment or gear. The department shall make grants 32,265
within the limits of the funding provided, with priority given to 32,267
fire departments that serve small villages and townships.
(3) Child Abuse Detection Training Costs 32,269
Appropriations may be transferred to the Department of 32,271
Education for disbursement to local school districts as full or 32,272
partial reimbursement for the cost of providing in-service 32,273
training for child abuse detection. In accordance with rules 32,274
that the department shall adopt, a local school district may 32,275
apply to the department for a grant to cover all documented costs 32,276
that are incurred to provide in-service training for child abuse 32,277
detection. The department shall make grants within the limits of 32,278
the funding provided. 32,279
Foster Caregiver Training 32,281
Upon the passage of appropriate legislation by the 123rd 32,282
General Assembly, the Department of Job and Family Services shall 32,283
request that the Controlling Board transfer up to $3,000,000 in 32,284
fiscal year 2001 from the foregoing appropriation item 911-419, 32,285
Foster Caregiver Training, for the purpose of establishing a 32,286
program of precertification and continuing training for foster
caregivers. 32,287
Ballot Advertising Costs 32,289
Pursuant to requests submitted by the Ohio Ballot Board, 32,291
the Controlling Board shall approve transfers from the foregoing 32,292
appropriation item 911-441, Ballot Advertising Costs, to an Ohio 32,293
Ballot Board line item in order to reimburse county boards of 32,294
elections for the cost of public notices associated with
statewide ballot initiatives. 32,295
718
Section 31. COS STATE BOARD OF COSMETOLOGY 32,297
General Services Fund Group 32,299
4K9 879-609 Operating Expenses $ 2,201,152 $ 2,198,147 32,304
TOTAL GSF General Services Fund 32,305
Group $ 2,201,152 $ 2,198,147 32,308
TOTAL ALL BUDGET FUND GROUPS $ 2,201,152 $ 2,198,147 32,311
Section 32. CSW COUNSELOR AND SOCIAL WORKERS BOARD 32,314
General Services Fund Group 32,316
4K9 899-609 Operating Expenses $ 850,781 $ 848,656 32,321
TOTAL GSF General Services Fund 32,322
Group $ 850,781 $ 848,656 32,325
TOTAL ALL BUDGET FUND GROUPS $ 850,781 $ 848,656 32,328
Section 33. CLA COURT OF CLAIMS 32,331
General Revenue Fund 32,333
GRF 015-321 Operating Expenses $ 2,779,752 $ 2,872,612 32,338
TOTAL GRF General Revenue Fund $ 2,779,752 $ 2,872,612 32,341
State Special Revenue Fund Group 32,344
402 015-601 Victims of Crime $ 22,086,768 $ 22,925,167 32,349
TOTAL SSR State Special Revenue 32,350
Fund Group $ 22,086,768 $ 22,925,167 32,353
TOTAL ALL BUDGET FUND GROUPS $ 24,866,520 $ 25,797,779 32,356
Section 34. CJS OFFICE OF CRIMINAL JUSTICE SERVICES 32,359
General Revenue Fund 32,361
GRF 196-401 Criminal Justice 32,364
Information System $ 970,000 $ 972,000 32,366
GRF 196-403 Violence Prevention $ 350,763 $ 364,842 32,370
GRF 196-424 Operating Expenses $ 1,003,621 $ 1,011,300 32,374
GRF 196-499 State Match $ 826,876 $ 800,104 32,378
GRF 196-502 Lucasville 32,379
Disturbance Costs $ 50,000 $ 0 32,381
TOTAL GRF General Revenue Fund $ 3,201,260 $ 3,148,246 32,384
Federal Special Revenue Fund Group 32,387
3L5 196-604 Justice Programs $ 30,515,304 $ 32,648,653 32,392
TOTAL FED Federal Special Revenue 32,393
719
Fund Group $ 30,515,304 $ 32,648,653 32,396
TOTAL ALL BUDGET FUND GROUPS $ 33,716,564 $ 35,796,899 32,399
Indigent Defense 32,402
The Office of Criminal Justice Services shall make all 32,405
efforts to maximize the amount of funding available for the 32,406
defense of indigent persons.
Criminal Justice Information System 32,408
The foregoing appropriation item 196-401, Criminal Justice 32,410
Information System, shall be used by the Office of Criminal 32,411
Justice Services to work on a plan to improve Ohio's criminal 32,412
justice information systems. The Director of the Office of 32,413
Criminal Justice Services shall evaluate the progress of this
plan and issue a report to the Governor, the Speaker of the House 32,414
of Representatives, the President of the Senate, the Criminal 32,415
Justice Policy Board, and the Legislative Budget Office of the 32,416
Legislative Service Commission by the first day of January of 32,417
each year of the two-year biennium beginning July 1, 1999, and 32,418
ending June 30, 2001.
Violence Prevention 32,420
Of the foregoing appropriation item 196-403, Violence 32,422
Prevention, $4,000 in fiscal year 2000 shall be distributed to 32,423
the City of Painesville for the purpose of funding the City of 32,424
Painesville Crime Prevention Program, and $4,000 in fiscal year 32,426
2000 shall be distributed to the City of Mentor for the purpose
of funding the City of Mentor Crime Prevention Program. 32,427
Section 35. DEN STATE DENTAL BOARD 32,429
General Services Fund Group 32,431
4K9 880-609 Operating Expenses $ 1,119,536 $ 1,114,065 32,436
TOTAL GSF General Services Fund 32,437
Group $ 1,119,536 $ 1,114,065 32,440
TOTAL ALL BUDGET FUND GROUPS $ 1,119,536 $ 1,114,065 32,443
Section 36. BDP BOARD OF DEPOSIT 32,446
General Services Fund Group 32,448
4M2 974-601 Board of Deposit $ 818,400 $ 838,041 32,453
720
TOTAL GSF General Services Fund 32,454
Group $ 818,400 $ 838,041 32,457
TOTAL ALL BUDGET FUND GROUPS $ 818,400 $ 838,041 32,460
Board of Deposit Expense Fund 32,463
Upon receiving certification of expenses from the Treasurer 32,466
of State, the Director of Budget and Management shall transfer 32,467
cash from the Investment Earnings Redistribution Fund (Fund 608) 32,468
to the Board of Deposit Expense Fund (Fund 4M2). This fund shall 32,470
be used to pay for banking charges and fees required for the 32,471
operation of the State of Ohio Regular Account.
Section 37. DEV DEPARTMENT OF DEVELOPMENT 32,473
General Revenue Fund 32,475
GRF 195-100 Personal Services $ 2,578,880 $ 2,583,300 32,480
GRF 195-200 Maintenance $ 608,000 $ 608,000 32,484
GRF 195-300 Equipment $ 111,550 $ 111,550 32,488
GRF 195-401 Thomas Edison Program $ 24,953,540 $ 24,928,749 32,492
GRF 195-404 Small Business 32,494
Development $ 2,445,388 $ 2,465,504 32,496
GRF 195-405 Minority Business 32,498
Development Division $ 2,073,570 $ 2,074,418 32,500
GRF 195-406 Transitional and 32,502
Permanent Housing $ 2,760,270 $ 2,826,679 32,504
GRF 195-407 Travel and Tourism $ 6,300,000 $ 6,327,600 32,508
GRF 195-408 Coal Research 32,510
Development $ 588,465 $ 587,907 32,512
GRF 195-410 Defense Conversion 32,514
Assistance Program $ 740,000 $ 500,000 32,516
GRF 195-412 Business Development 32,518
Grants $ 10,555,000 $ 10,555,000 32,520
GRF 195-414 First Frontier Match $ 485,000 $ 496,628 32,524
GRF 195-415 Regional Offices and 32,526
Economic Development $ 6,369,854 $ 6,293,038 32,528
GRF 195-416 Governor's Office of 32,530
Appalachia $ 1,628,800 $ 641,376 32,532
721
GRF 195-422 Technology Action $ 5,100,000 $ 5,100,000 32,536
GRF 195-431 Community Development 32,538
Corporation Grants $ 2,520,386 $ 2,582,510 32,540
GRF 195-432 International Trade $ 5,291,540 $ 5,416,621 32,544
GRF 195-434 Industrial Training 32,546
Grants $ 18,000,000 $ 20,000,000 32,548
GRF 195-436 Labor/Management 32,550
Cooperation $ 1,164,000 $ 1,164,000 32,552
GRF 195-440 Emergency Shelter 32,554
Housing Grants $ 2,930,029 $ 2,999,139 32,556
GRF 195-441 Low and Moderate 32,558
Income Housing $ 7,760,000 $ 7,760,000 32,560
GRF 195-497 CDBG Operating Match $ 1,147,067 $ 1,176,608 32,564
GRF 195-498 State Energy Match $ 147,221 $ 151,299 32,568
GRF 195-501 Appalachian Local 32,570
Development Districts $ 452,370 $ 463,227 32,572
GRF 195-502 Appalachian Regional 32,574
Commission Dues $ 190,000 $ 194,400 32,576
GRF 195-507 Travel & Tourism 32,578
Grants $ 1,530,000 $ 1,505,000 32,580
GRF 195-513 Empowerment 32,582
Zones/Enterprise
Communities $ 2,000,000 $ 0 32,584
TOTAL GRF General Revenue Fund $ 110,430,930 $ 109,512,553 32,587
General Services Fund Group 32,590
135 195-605 Supportive Services $ 7,463,030 $ 7,472,165 32,595
136 195-621 International Trade $ 75,000 $ 0 32,599
685 195-636 General 32,601
Reimbursements $ 1,199,500 $ 1,222,233 32,603
TOTAL GSF General Services Fund 32,604
Group $ 8,737,530 $ 8,694,398 32,607
Federal Special Revenue Fund Group 32,610
3K8 195-613 Community Development 32,613
Block Grant $ 65,000,000 $ 65,000,000 32,615
722
3K9 195-611 Home Energy 32,617
Assistance Block
Grant $ 55,000,000 $ 55,000,000 32,619
3K9 195-614 HEAP Weatherization $ 10,421,000 $ 10,412,041 32,623
3L0 195-612 Community Services 32,625
Block Grant $ 20,090,000 $ 20,090,000 32,627
308 195-602 Appalachian Regional 32,629
Commission $ 650,000 $ 650,000 32,631
308 195-603 Housing and Urban 32,633
Development $ 34,895,700 $ 34,895,700 32,635
308 195-605 Federal Projects $ 7,871,000 $ 7,855,501 32,639
308 195-609 Small Business 32,641
Administration $ 3,701,900 $ 3,701,900 32,643
308 195-616 Technology Programs $ 117,700 $ 0 32,647
308 195-618 Energy Federal Grants $ 2,832,325 $ 2,803,560 32,651
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 32,655
380 195-622 Housing Development 32,657
Operating $ 3,711,800 $ 3,938,200 32,659
TOTAL FED Federal Special Revenue 32,660
Fund Group $ 212,791,425 $ 212,846,902 32,663
State Special Revenue Fund Group 32,665
4F2 195-639 State Special 32,668
Projects $ 1,530,000 $ 1,030,100 32,670
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 32,674
4S0 195-630 Enterprise Zone 32,676
Operating $ 323,079 $ 323,355 32,678
4S1 195-634 Job Creation Tax 32,680
Credit Operating $ 251,856 $ 258,422 32,682
4W1 195-646 Minority Business 32,684
Enterprise Loan $ 3,898,213 $ 3,972,954 32,686
444 195-607 Water and Sewer 32,688
Commission Loans $ 2,000,000 $ 2,000,000 32,690
445 195-617 Housing Finance 32,692
Agency $ 3,669,522 $ 3,532,181 32,694
723
450 195-624 Minority Business 32,696
Bonding Program
Administration $ 12,644 $ 12,947 32,698
451 195-625 Economic Development 32,700
Financing Operating $ 1,906,075 $ 1,970,014 32,702
586 195-653 Scrap Tire Loans and 32,704
Grants $ 1,000,000 $ 1,000,000 32,706
611 195-631 Water and Sewer 32,708
Administration $ 15,000 $ 15,000 32,710
617 195-654 Volume Cap 32,712
Administration $ 200,000 $ 196,640 32,714
646 195-638 Low and Moderate 32,716
Income Housing Trust
Fund $ 20,445,200 $ 21,034,500 32,718
TOTAL SSR State Special Revenue 32,719
Fund Group $ 36,251,589 $ 36,346,113 32,722
Facilities Establishment Fund 32,725
037 195-615 Facilities 32,728
Establishment $ 53,945,000 $ 55,456,100 32,730
4Z6 195-647 Rural Industrial Park 32,732
Loan $ 1,000,000 $ 1,000,000 32,734
5D1 195-649 Port Authority Bond 32,736
Reserves $ 2,500,000 $ 2,500,000 32,738
5D2 195-650 Urban Redevelopment 32,740
Loans $ 10,000,000 $ 10,000,000 32,742
5H1 195-652 Family Farm Loan $ 2,246,375 $ 2,246,375 32,746
TOTAL 037 Facilities 32,747
Establishment Fund $ 69,691,375 $ 71,202,475 32,750
Coal Research/Development Fund 32,753
046 195-632 Coal Research and 32,756
Development Fund $ 12,276,000 $ 12,570,624 32,758
TOTAL 046 Coal Research/ 32,759
Development Fund $ 12,276,000 $ 12,570,624 32,762
TOTAL ALL BUDGET FUND GROUPS $ 450,178,849 $ 451,173,065 32,765
724
Section 37.01. Washington Office 32,768
Of the foregoing appropriation items 195-100, Personal 32,770
Services, 195-200, Maintenance, and 195-300, Equipment, no more 32,771
than $335,700 in fiscal year 2000 and $335,700 in fiscal year 32,772
2001 may be transferred to the General Reimbursement Fund (Fund 32,773
685) to support the Washington Office. The transfer shall be 32,774
made using an intrastate transfer voucher. 32,775
Thomas Edison Program 32,777
The foregoing appropriation item 195-401, Thomas Edison 32,779
Program, shall be used for the purposes of sections 122.28 to 32,781
122.38 of the Revised Code in order to provide funds for 32,783
cooperative public and private efforts in technological 32,784
innovation to promote the development and transfer of technology 32,785
by and to Ohio businesses that will lead to the creation of jobs, 32,787
and to provide for the administration of this program by the 32,789
Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison 32,791
Program, not more than $2,363,000 in fiscal year 2000 and 32,793
$2,363,000 in fiscal year 2001 shall be used for the Technology 32,794
Division's operating expenses in administering this program. 32,795
Of the foregoing appropriation item 195-401, Thomas Edison 32,797
Program, $2,000,000 in each fiscal year shall be used for the 32,798
establishment of a new Edison Center for Information Technology 32,799
to be headquartered in Dayton.
Section 37.02. Small Business Development 32,801
The foregoing appropriation item 195-404, Small Business 32,803
Development, shall be used to ensure that the unique needs and 32,805
concerns of small businesses are addressed. 32,807
The foregoing appropriation shall be used to provide grants 32,809
to local organizations to support the operation of Small Business 32,811
Development Centers, and other local economic development 32,812
activity promoting small business and for the cost of 32,813
administering the program. The centers shall provide technical,
financial, and management consultation for small business, and 32,814
725
facilitate access to state and federal programs. These funds 32,815
shall be used as matching funds for grants from the United States 32,816
Small Business Administration and other federal agencies, 32,818
pursuant to Public Law 96-302 (1980) as amended by Public Law 32,819
98-395 (1984), and regulations and policy guidelines for these 32,820
programs.
In addition, the Office of Small Business shall operate the 32,822
One-Stop Business Permit Center, the Women's Business Resource 32,824
Program, support government procurement assistance, and implement 32,826
and coordinate the duties imposed on the Department of 32,828
Development by Am. Sub. S.B. 239 of the 115th General Assembly. 32,829
Section 37.03. Transitional and Permanent Housing Program 32,832
Of the foregoing appropriation item 195-406, Transitional 32,834
and Permanent Housing, the Office of Housing and Community 32,836
Partnerships shall make grants to local governments and nonprofit 32,838
organizations for the acquisition, rehabilitation, renovation, 32,840
construction, conversion, operating, and supportive services 32,842
costs for both new and existing transitional and/or permanent 32,844
housing for the homeless.
Of the foregoing appropriation item 195-406, Transitional 32,846
and Permanent Housing, at least seventy-five per cent shall be 32,848
used to provide transitional housing for homeless families and 32,850
individuals.
Coal Research Development 32,852
The foregoing appropriation item 195-408, Coal Research 32,854
Development, shall be used for the administrative costs of the 32,855
Coal Development Office within the Technology Division and for 32,856
grants which encourage, promote, and assist the use of Ohio coal 32,857
pursuant to section 1551.32 of the Revised Code. 32,858
Defense Conversion Assistance Program 32,860
The Director of Development may use the foregoing 32,862
appropriation item 195-410, Defense Conversion Assistance 32,863
Program, in accordance with existing program guidelines, and 32,864
other resources as appropriate, to match federal dollars for one 32,865
726
Ohio-based defense conversion project and administrative support
cost through fiscal year 2000. 32,866
Section 37.04. Business Development 32,868
The foregoing appropriation item 195-412, Business 32,870
Development Grants, shall be used as an incentive for attracting 32,871
and retaining business opportunities for the state. Any such 32,872
business opportunity, whether new, expanding, or relocating in 32,873
Ohio, is eligible for funding. The project must create or retain 32,874
a significant number of jobs for Ohioans. Grant awards may be 32,875
considered only when (1) the project's viability hinges on an 32,876
award of 195-412 Business Development Grants funds; (2) all other 32,877
public or private sources of financing have been considered; or 32,878
(3) the funds must act as a catalyst for the infusion into the 32,879
project of other financing sources. 32,880
The department's primary goal shall be to award funds to 32,882
political subdivisions of the state for off-site infrastructure 32,883
improvements. In order to meet the particular needs of economic 32,884
development in a region, the department may elect to award funds 32,885
directly to a business for on-site infrastructure improvements. 32,887
Infrastructure improvements are defined as improvements to water 32,888
system facilities, sewer and sewage treatment facilities, 32,889
electric or gas service facilities, rail facilities, site 32,890
preparation, and parking facilities. The Director of Development 32,891
may recommend the funds be used in an alternative manner when 32,892
deemed appropriate to meet an extraordinary economic development 32,893
opportunity or need.
The foregoing appropriation item 195-412, Business 32,895
Development Grants, may be expended only after the submission of 32,896
a request to the Controlling Board by the Department of 32,897
Development outlining the planned use of the funds, and the 32,898
subsequent approval of the request by the Controlling Board. 32,899
The foregoing appropriation item 195-412, Business 32,901
Development Grants, may be used for, but is not limited to, 32,902
construction, rehabilitation, and acquisition projects for rail 32,903
727
freight assistance as requested by the Department of 32,904
Transportation. The Director of Transportation shall submit the 32,905
proposed projects to the Director of Development for an 32,906
evaluation of potential economic benefit. 32,907
Section 37.05. First Frontier Match 32,909
The foregoing appropriation item 195-414, First Frontier 32,911
Match, shall be used as matching funds to counties for the 32,913
purpose of marketing state, regional, and/or local 32,915
characteristics which may attract economic development. In each 32,916
fiscal year, the Director of Development shall allocate no less 32,917
than $400,000 of the foregoing appropriation to marketing 32,919
programs by targeted counties, which are defined as counties that 32,922
have a population of less than 175,000 residents. The balance of 32,924
the appropriation may be used either for marketing programs by 32,925
individual targeted counties or regional marketing campaigns, 32,926
which are defined as marketing programs in which at least one 32,928
targeted county is participating with one or more other targeted 32,929
counties or larger counties. In the event that, during a fiscal 32,930
year, targeted counties are unable to utilize the full amount of 32,931
funds allocated by the director specifically for targeted county
programs, the Director of Development may reallocate the 32,932
unutilized balance of funds to regional marketing campaigns. 32,933
Regional Offices and Economic Development 32,935
The foregoing appropriation item 195-415, Regional Offices 32,937
and Economic Development, shall be used for the operating 32,938
expenses of the Economic Development Division and the Regional 32,939
Economic Development Offices and for grants for cooperative 32,940
economic development ventures. 32,941
Section 37.06. Governor's Office of Appalachian Ohio 32,943
Of the foregoing appropriation item 195-416, Governor's 32,945
Office of Appalachia, shall be used for the administrative costs 32,947
of planning and liaison activities for the Governor's Office of 32,949
Appalachian Ohio. Funds not expended for liaison and training 32,951
activities may be expended for special project grants within the 32,952
728
Appalachian Region. 32,953
Of the foregoing appropriation item 195-416, Governor's 32,955
Office of Appalachia, up to $250,000 each fiscal year shall be 32,957
used to match federal funds from the Appalachian Development 32,959
Commission to provide job training to impact the Appalachian 32,961
Region.
Of the foregoing appropriation item 195-416, Governor's 32,963
Office of Appalachia, $1,000,000 in fiscal year 2000 shall be 32,964
used for the Foundation for Appalachian Ohio. The foundation 32,965
shall match the state's contribution on a dollar-for-dollar 32,966
basis.
Technology Action 32,968
With Controlling Board approval, the foregoing 32,970
appropriation item 195-422, Technology Action, shall be used by 32,971
the Governor's Science Advisor, in consultation with the Ohio 32,972
Science and Technology Council and with the approval of the 32,973
Director of Development, to match funding for high-priority
technology initiatives that will make Ohio entities more 32,974
competitive in federal research and development programs. 32,975
Guidelines and criteria for the release of funds shall be 32,976
developed by the Governor's Science Advisor to ensure support for 32,977
projects that advance the state's science and technology
priorities, general potential economic growth, and leverage other 32,978
financing sources. 32,979
Of the foregoing appropriation item 195-422, Technology 32,981
Action, $250,000 in fiscal year 2000 shall be used for a 32,982
strategic competitive study for Wright Patterson Air Force Base. 32,983
These state funds shall leverage a minimum of $250,000 in 32,984
matching funds for this purpose. The study shall be conducted by
the Miami Valley Economic Development Coalition. 32,985
Of the foregoing appropriation item 195-422, Technology 32,987
Action, not more than $100,000 in each fiscal year shall be used 32,988
for operating expenditures in administering this program. 32,989
Of the foregoing appropriation item 195-422, Technology 32,991
729
Action, $100,000 in each fiscal year shall be used for statewide 32,992
information technology initiatives in conjunction with the new 32,993
Edison Center for Information Technology to be headquartered in 32,994
Dayton. This funding shall be administered by the Governor's 32,995
Science Advisor in accordance with the guidelines and procedures 32,996
for the release of funds from this program.
Section 37.07. Community Development Corporations 32,998
Of the foregoing appropriation item 195-431, Community 33,000
Development Corporation Grants, a portion of funds in each fiscal 33,002
year of the biennium shall be used to make grants to the Ohio 33,005
Community Development Finance Fund, a nonprofit corporation, in 33,007
order to leverage private-sector funds to assist nonprofit 33,008
development organizations to create affordable housing and 33,009
permanent jobs in distressed areas of the state. The remaining 33,011
moneys shall be used to provide funds to assist local community 33,013
development corporations to develop affordable housing programs 33,015
and economic development programs in their neighborhoods, and for 33,017
operating costs.
Of the foregoing appropriation item 195-431, Community 33,019
Development Corporation Grants, no less than $100,000 in each 33,021
fiscal year shall be used to provide training, technical 33,023
assistance, and capacity building assistance to nonprofit 33,024
development organizations in underserved areas of the state. For 33,026
grants awarded in each fiscal year of the biennium, priority 33,027
shall be given to proposals submitted by nonprofit development 33,028
organizations from underserved areas of the state. 33,029
Section 37.08. International Trade 33,031
The foregoing appropriation item 195-432, International 33,033
Trade, shall be used to operate and to maintain Ohio's 33,034
out-of-state trade offices.
The Director of Development may enter into contracts with 33,036
foreign nationals to staff foreign offices. Such contracts may 33,037
be paid in local currency or United States currency and shall be 33,038
exempt from the provisions of section 127.16 of the Revised Code. 33,040
730
The director may also establish foreign currency accounts in 33,041
accordance with section 122.05 of the Revised Code for the 33,042
payment of expenses related to the operation and maintenance of 33,043
these foreign trade offices. 33,044
The foregoing appropriation item 195-432, International 33,046
Trade, shall be used to fund the International Trade Division and 33,047
assist Ohio manufacturers and agricultural producers exporting to 33,048
foreign countries in conjunction with the Department of 33,049
Agriculture. 33,050
Of the foregoing appropriation item 195-432, International 33,052
Trade, up to $25,000 may be used to purchase gifts for 33,053
representatives of foreign governments or dignitaries of foreign 33,054
countries. 33,055
Section 37.09. Ohio Industrial Training Program 33,057
The foregoing appropriation item 195-434, Industrial 33,060
Training Grants, shall be used to promote industrial training 33,061
through training grants for the reimbursement of eligible 33,062
training expenses.
Section 37.10. Emergency Shelter Housing Grants 33,064
(A) As used in this section, "emergency shelter housing" 33,066
means a structure suitable for the temporary housing of the 33,068
homeless and the provision of, or referral to, supportive 33,070
services. Shelters that restrict admission to victims of 33,072
domestic violence, runaways, or alcohol or substance abusers
shall not be considered emergency shelter housing. 33,074
(B) The foregoing appropriation item 195-440, Emergency 33,076
Shelter Housing Grants, shall be used by the Office of Housing 33,077
and Community Partnerships in the Department of Development to 33,078
make grants to private, nonprofit organizations to provide 33,079
emergency shelter housing for the homeless. The department shall 33,080
distribute the grants pursuant to rules adopted by the Director 33,081
of Development. The director may amend or rescind such rules and 33,082
may adopt other rules necessary to implement this section. In
awarding grants, the department shall give preference to 33,083
731
organizations applying to fund existing emergency shelter 33,084
housing.
The department shall notify each organization that applied 33,086
for a grant under this section of the amount of its grant award, 33,087
if any. To receive a grant, the organization shall provide 33,088
matching funds equal to fifty per cent of the total grant it was 33,089
awarded. The organization shall expend its grant for shelter 33,090
operations and supportive services, which include employment
assistance, case management, information and referral services, 33,091
transportation, and clothing. In providing employment 33,092
assistance, the organization shall, at a minimum, refer persons 33,093
to the Ohio Bureau of Employment Services. 33,094
Low and Moderate Income Housing 33,096
The Director of Budget and Management, in consultation with 33,098
the Director of Development, shall use $7,760,000 in each fiscal 33,099
year to support low- and moderate-income housing activities. No 33,100
less than $250,000 per year shall be used from either 33,101
appropriation item 195-441, Low and Moderate Income Housing, or 33,102
appropriation item 195-638, Low and Moderate Income Housing Trust 33,103
Fund, for the Migrant Housing Labor Camp Improvements Program. 33,104
Up to $7,760,000 in each fiscal year shall be transferred from 33,105
appropriation item 195-441, Low and Moderate Income Housing, to 33,106
appropriation item 195-638, Low and Moderate Income Housing Trust 33,107
Fund.
HEAP Weatherization 33,109
Fifteen per cent of the federal funds received by the state 33,111
for the Home Energy Assistance Block Grant shall be deposited in 33,113
the Department of Development's Federal Special Revenue Fund 33,115
(Fund 3K9) and shall be used to provide home weatherization 33,117
services in the state.
Section 37.11. Travel and Tourism Grants 33,119
The foregoing appropriation item 195-507, Travel and 33,121
Tourism Grants, shall be used to provide grants to local 33,123
organizations to support various local travel and tourism events 33,124
732
in Ohio.
Of the foregoing appropriation item 195-507, Travel and 33,126
Tourism Grants, up to $200,000 in each fiscal year of the 33,127
biennium may be used to support the outdoor dramas Trumpet in the 33,129
Land, Blue Jacket, Tecumseh, and the Becky Thatcher Showboat 33,131
Drama; $5,000 in each fiscal year shall go to the Lake County 33,132
Visitors Bureau; $25,000 in each fiscal year shall go to the
Underground Railroad Freedom Center, Family History Documentation 33,133
Program; $75,000 in each fiscal year shall go to the Cincinnati 33,135
Film Commission; $75,000 in each fiscal year shall go to the
Greater Cleveland Media Development Corporation; $100,000 in 33,136
fiscal year 2000 for the 1999 AAU Junior Olympics Cleveland 33,138
Committee, Inc.; $150,000 in fiscal year 2000 for the United 33,139
States International Air and Trade Show in Dayton; $40,000 in 33,140
fiscal year 2000 for the River Edges New Environment Renewal Plan 33,142
in Warren; $25,000 in fiscal year 2000 for the Tall Stacks 99 33,143
riverboat festival in Cincinnati; and $875,000 in fiscal year 33,144
2000 and $1,000,000 in fiscal year 2001 shall be used for grants 33,146
to the International Center for the Preservation of Wild Animals. 33,147
Section 37.12. Minority Business Enterprise Loan 33,149
All loan repayments from the Minority Development Financing 33,151
Advisory Board loan program and the Ohio Mini-Loan Guarantee 33,152
Program shall be deposited in the State Treasury, to the credit 33,153
of the Minority Business Enterprise Loan Fund (Fund 4W1). 33,154
Section 37.13. Economic Development Financing Operating 33,156
The foregoing appropriation item 195-625, Economic 33,158
Development Financing Operating, shall be used for the operating 33,159
expenses of financial assistance programs authorized under 33,160
Chapter 166. of the Revised Code and under sections 122.43 and 33,161
122.45 of the Revised Code. 33,162
All Loan and Grant Programs 33,164
The Department of Development shall continue to submit to 33,166
the General Assembly, the Office of Budget and Management, and 33,168
the Legislative Budget Office of the Legislative Service 33,170
733
Commission by the first day of April of each year a report 33,171
detailing the status of all open loans and grants made by the 33,172
department and all loans and grants which have been closed out 33,175
during the preceding calendar year. A grant shall be considered 33,176
open for three years from the date it was awarded. The report 33,177
shall identify, where applicable, the date of Controlling Board 33,179
approval, the number of jobs estimated to be retained and 33,180
created, and the number of people estimated to be trained, as 33,181
well as the actual numbers realized to date. In addition, 33,182
beginning on the first day of July of each year, the Department
of Development shall also submit a quarterly report of the loans 33,183
and grants which have been approved from the beginning of the 33,184
current calendar year. 33,185
Rural Revitalization Task Force 33,187
In the 1999-2001 biennium, the department shall coordinate 33,189
an effort to determine potential opportunities to enhance 33,190
economic development activities in distressed rural communities. 33,191
Section 37.14. Facilities Establishment Fund 33,193
The foregoing appropriation item 195-615, Facilities 33,195
Establishment Fund (Fund 037), shall be used for the purposes of 33,196
the Facilities Establishment Fund under Chapter 166. of the 33,198
Revised Code. 33,199
Notwithstanding Chapter 166. of the Revised Code, up to 33,201
$1,600,000 may be transferred each fiscal year from the 33,203
Facilities Establishment Fund (Fund 037) to the Economic 33,204
Development Financing Operating Fund (Fund 451). The transfer is 33,205
subject to Controlling Board approval pursuant to division (B) of 33,207
section 166.03 of the Revised Code. 33,208
Notwithstanding Chapter 166. of the Revised Code, up to 33,210
$3,800,000 may be transferred in each fiscal year of the biennium 33,211
from the Facilities Establishment Fund (Fund 037) to the Minority 33,212
Business Enterprise Loan Fund (Fund 4W1). The transfer is 33,213
subject to Controlling Board approval pursuant to division (B) of 33,214
section 166.03 of the Revised Code. 33,215
734
Notwithstanding Chapter 166. of the Revised Code, up to 33,217
$5,000,000 cash may be transferred during the biennium from the 33,218
Facilities Establishment Fund (Fund 037) to the Port Authority 33,219
Bond Reserves Fund (Fund 5D1) for use by any port authority in 33,220
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 33,221
Director of Development shall develop program guidelines for the 33,222
transfer and release of funds, including, but not limited to, a 33,223
provision that no port authority shall receive more than 33,224
$2,000,000. The transfer and release of funds are subject to 33,225
Controlling Board approval. Of the foregoing appropriation item
195-649, Port Authority Bond Reserves, $2,000,000 over the 33,227
biennium, subject to Controlling Board approval, shall go to the 33,228
Cleveland Port Authority to establish or supplement bond reserves 33,229
per the guidelines set forth by the Director of Development. 33,230
Notwithstanding Chapter 166. of the Revised Code, up to 33,232
$20,000,000 cash may be transferred during the biennium from the 33,233
Facilities Establishment Fund (Fund 037) to the Urban 33,234
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing 33,235
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 33,236
release of funds, including, but not limited to, the completion 33,237
of all appropriate environmental assessments before state 33,238
assistance is committed to a project. Program guidelines shall 33,239
give priority to municipal corporations with a population greater 33,240
than 200,000 and then to older suburbs contiguous to these
municipal corporations. "Older suburb" means municipal 33,241
corporations with at least sixty per cent or more of housing 33,242
units constructed prior to 1960, and with two per cent or lower 33,243
average annual residential growth, adjusted for inflation, over 33,244
the past fifteen years and measured by the number of issued
building permits. The transfer and release of funds are subject 33,245
to Controlling Board approval. 33,246
Within ten days of the effective date of this section, the 33,248
735
Director of Budget and Management shall transfer $25,000 from the 33,249
interest earnings on Fund 037, Facilities Establishment, into the 33,250
General Revenue Fund. Similarly, by July 10, 2000, the Director 33,251
of Budget and Management shall transfer $25,000 from Fund 037, 33,252
Facilities Establishment, to the General Revenue Fund.
Family Farm Loan Program 33,254
Notwithstanding Chapter 166. of the Revised Code, up to 33,256
$2,500,000 shall be transferred during the biennium from moneys 33,257
in the Facilities Establishment Fund (Fund 037) to the Family 33,258
Farm Loan Fund (Fund 5H1) in the Department of Development. The 33,259
transfer is subject to Controlling Board approval. 33,260
Financial assistance from the Family Farm Loan Fund shall 33,263
be repaid to Fund 5H1. This fund is established in accordance 33,264
with sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the
Revised Code. 33,265
When the Family Farm Loan Fund (Fund 5H1) ceases to exist, 33,268
all outstanding balances, all loan repayments, and any other 33,270
outstanding obligations shall revert to the Facilities
Establishment Fund (Fund 037). 33,271
Scrap Tire Loans and Grants 33,273
On July 1, 1999, or as soon thereafter as possible, the 33,275
Director of Development shall certify to the Director of Budget 33,276
and Management the balance in Fund 037, Facilities Establishment, 33,277
for the Scrap Tire Loan and Grant Program. The Director of 33,278
Budget and Management shall transfer the certified amount to Fund 33,279
586, Scrap Tire Loans and Grants.
Section 37.15. Supportive Services 33,281
The Director of Development may assess divisions of the 33,283
department for the cost of central service operations. Such an 33,284
assessment shall be based on a plan submitted to and approved by 33,285
the Office of Budget and Management by the first day of August of 33,286
each fiscal year, and contain the characteristics of 33,287
administrative ease and uniform application. 33,288
A division's payments shall be credited to the Supportive 33,290
736
Services Fund (Fund 135) using an intrastate transfer voucher. 33,291
General Reimbursement 33,293
The foregoing appropriation item 195-636, General 33,295
Reimbursements, shall be used for conference and subscription 33,296
fees and other reimbursable costs. Revenues to the General 33,297
Reimbursement Fund (Fund 685) shall consist of fees and other 33,298
moneys charged for conferences, subscriptions, and other 33,299
administrative costs that are not central service costs. 33,300
State Special Projects 33,302
The foregoing appropriation item 195-639, State Special 33,305
Projects, shall be used as a general account for the deposit of 33,306
private-sector funds from utility companies and other
miscellaneous state funds. Private-sector moneys shall be used 33,307
to (1) pay the expenses of verifying the income-eligibility of 33,308
HEAP applicants, (2) market economic development opportunities in 33,309
the state, and (3) leverage additional federal funds. State 33,310
funds shall be used to match federal housing grants for the 33,311
homeless. 33,312
Volume Cap Administration 33,314
The foregoing appropriation item 195-654, Volume Cap 33,316
Administration, shall be used for administrative expenses related 33,317
to the administration of the Volume Cap Program. Revenues 33,319
received by the Volume Cap Administration Fund (Fund 617) shall 33,320
consist of application fees, forfeited deposits, and interest
earned from the custodial account. 33,321
Section 37.16. Job Creation Planning Project 33,323
The Department of Development, with the collaboration of 33,325
the Department of Human Services, shall establish a joint project 33,326
to develop and implement ways to create at least one thousand new 33,327
jobs in each of the following: 33,328
(A) Federal empowerment zones; 33,330
(B) Rural economically depressed counties. 33,332
Not later than December 31, 2000, the departments shall 33,334
jointly issue a final report to the Welfare Oversight Committee 33,335
737
that describes the activities undertaken pursuant to the joint 33,336
project. The committee may require additional interim reports 33,337
from the departments. 33,338
Section 38. OBD OHIO BOARD OF DIETETICS 33,340
General Services Fund Group 33,342
4K9 860-609 Operating Expenses $ 282,267 $ 276,113 33,347
TOTAL GSF General Services Fund 33,348
Group $ 282,267 $ 276,113 33,351
TOTAL ALL BUDGET FUND GROUPS $ 282,267 $ 276,113 33,354
Section 39. CDR COMMISSION ON DISPUTE RESOLUTION AND 33,357
CONFLICT MANAGEMENT 33,358
General Revenue Fund 33,360
GRF 145-401 Commission on Dispute 33,363
Resolution/Management $ 583,225 $ 597,222 33,365
TOTAL GRF General Revenue Fund $ 583,225 $ 597,222 33,368
General Services Fund Group 33,371
4B6 145-601 Gifts and Grants $ 153,450 $ 157,133 33,376
TOTAL GSF General Services Fund 33,377
Group $ 153,450 $ 157,133 33,380
TOTAL ALL BUDGET FUND GROUPS $ 736,675 $ 754,355 33,383
Commission on Dispute Resolution/Management 33,386
The foregoing appropriation item 145-401, Commission on 33,387
Dispute Resolution/Management, shall be used in each fiscal year 33,388
by the Commission on Dispute Resolution and Conflict Management 33,389
for the purpose of providing dispute resolution and conflict 33,390
management training, consultation, and materials for state and 33,391
local government, communities, school districts, courts and, in 33,392
consultation with the Department of Education, for the purpose of 33,393
offering competitive school conflict programs to school 33,394
districts.
The Commission shall assist the Department of Education in 33,396
the development and dissemination of the school conflict 33,397
management programs to school districts.
Section 40. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS 33,399
738
NETWORK COMMISSION 33,400
General Revenue Fund 33,402
GRF 374-100 Personal Services $ 1,775,810 $ 1,702,801 33,407
GRF 374-200 Maintenance $ 847,878 $ 868,227 33,411
GRF 374-300 Equipment $ 49,038 $ 50,214 33,415
GRF 374-401 Statehouse News 33,417
Bureau $ 265,507 $ 271,880 33,419
GRF 374-404 Telecommunications 33,421
Operating Subsidy $ 5,349,336 $ 5,723,791 33,423
TOTAL GRF General Revenue Fund $ 8,287,569 $ 8,616,913 33,426
General Services Fund Group 33,429
4F3 374-603 Affiliate Services $ 2,729,574 $ 2,753,275 33,434
TOTAL GSF General Services 33,435
Fund Group $ 2,729,574 $ 2,753,275 33,438
TOTAL ALL BUDGET FUND GROUPS $ 11,017,143 $ 11,370,188 33,441
Statehouse News Bureau 33,444
The foregoing appropriation item 374-401, Statehouse News 33,446
Bureau, shall be used solely to support the operations of the 33,447
Ohio Statehouse News Bureau. 33,448
Telecommunications Operating Subsidy 33,450
The foregoing appropriation item 374-404, 33,452
Telecommunications Operating Subsidy, shall be distributed by the 33,453
Ohio Educational Telecommunications Network Commission to Ohio's 33,454
qualified public educational television stations, radio reading 33,455
services, and educational radio stations to support their
operations. The funds shall be distributed pursuant to an 33,456
allocation developed by the Ohio Educational Telecommunications 33,457
Network Commission.
Project Equity Fund 33,459
The Project Equity Fund (Fund 4F3) is hereby renamed the 33,461
Affiliates Services Fund (Fund 4F3), and the Fees and Grants Fund 33,462
(Fund 140) and the Fees and Grants Fund (Fund 463) are hereby 33,463
abolished. On July 1, 1999, or as soon thereafter as possible, 33,464
the Director of Budget and Management shall transfer the cash 33,465
739
balances in the Fees and Grants Fund (Fund 140) and in the Fees
and Grants Fund (Fund 463) to the Affiliates Services Fund (Fund 33,466
4F3). The director shall cancel any existing encumbrances 33,467
against appropriation item 374-601, Fees and Grants (Fund 463), 33,468
and reestablish them against appropriation item 374-603, 33,470
Affiliates Services (Fund 4F3). The amounts of the reestablished 33,471
encumbrances are hereby appropriated.
Section 41. ELC OHIO ELECTIONS COMMISSION 33,473
General Revenue Fund 33,475
GRF 051-321 Operating Expenses $ 423,950 $ 444,757 33,480
TOTAL GRF General Revenue Fund 33,483
$ 423,950 $ 444,757 33,486
State Special Revenue Fund Group 33,488
4P2 051-601 Ohio Elections 33,491
Commission Fund $ 150,000 $ 150,000 33,494
TOTAL SSR State Special 33,495
Revenue Fund Group $ 150,000 $ 150,000 33,498
TOTAL ALL BUDGET FUND GROUPS $ 573,950 $ 594,757 33,501
Section 42. FUN STATE BOARD OF EMBALMERS AND FUNERAL 33,504
DIRECTORS 33,505
General Services Fund Group 33,507
4K9 881-609 Operating Expenses $ 426,252 $ 414,654 33,512
TOTAL GSF General Services 33,513
Fund Group $ 426,252 $ 414,654 33,516
TOTAL ALL BUDGET FUND GROUPS $ 426,252 $ 414,654 33,519
Section 43. ERB STATE EMPLOYMENT RELATIONS BOARD 33,522
General Revenue Fund 33,524
GRF 125-321 Operating Expenses $ 3,611,538 $ 3,561,890 33,529
TOTAL GRF General Revenue Fund $ 3,611,538 $ 3,561,890 33,532
General Services Fund Group 33,535
572 125-603 Training and 33,538
Publications $ 70,423 $ 72,113 33,540
TOTAL GSF General Services 33,541
Fund Group $ 70,423 $ 72,113 33,544
740
TOTAL ALL BUDGET FUND GROUPS $ 3,681,961 $ 3,634,003 33,547
Training and Publications Fund 33,550
Effective July 1, 1999, the Research and Training Fund 33,552
(Fund 572) is hereby renamed the Training and Publications Fund 33,553
(Fund 572), and the Transcript and Other Fund (Fund 440) is 33,555
hereby abolished. On July 1, 1999, or as soon thereafter as 33,556
possible, the Director of Budget and Management shall transfer 33,557
the cash balance in the Transcript and Other Fund (Fund 440) to 33,558
the Training and Publications Fund (Fund 572). The director 33,559
shall cancel any existing encumbrances against appropriation item 33,560
125-601, Transcript and Other (Fund 440), and reestablish them 33,561
against appropriation item 125-603, Training and Publications 33,562
(Fund 572). The amounts of the reestablished encumbrances are
hereby appropriated. 33,563
Section 44. BES BUREAU OF EMPLOYMENT SERVICES 33,565
General Revenue Fund 33,567
GRF 795-406 Workforce Development $ 350,004 $ 0 33,572
GRF 795-407 OBES Operating $ 23,227,425 $ 0 33,576
GRF 795-408 Labor Market 33,578
Projections $ 180,209 $ 0 33,580
GRF 795-410 Women's Programs $ 474,237 $ 0 33,584
GRF 795-412 Prevailing Wage/Min. 33,586
Wage & Minors $ 2,366,897 $ 0 33,588
GRF 795-413 OSHA Match $ 133,833 $ 0 33,592
GRF 795-414 Apprenticeship 33,594
Council $ 178,590 $ 0 33,596
GRF 795-417 Public Employment 33,598
Risk Reduction
Program $ 1,324,292 $ 0 33,600
TOTAL GRF General Revenue Fund $ 28,235,487 $ 0 33,603
Federal Special Revenue Fund Group 33,606
3S9 795-620 TANF Employment and 33,609
Training $ 700,000 $ 0 33,611
331 795-601 Federal Operating $ 112,062,105 $ 0 33,615
741
349 795-614 OSHA Enforcement $ 1,293,258 $ 0 33,619
365 795-602 Job Training Program $ 101,224,584 $ 0 33,623
TOTAL FED Federal Special Revenue 33,624
Fund Group $ 215,279,947 $ 0 33,627
State Special Revenue Fund Group 33,630
4A9 795-607 Unemployment 33,633
Compensation
Administration Fund $ 17,015,029 $ 0 33,635
4G1 795-610 Interagency 33,637
Agreements $ 607,279 $ 0 33,639
4R3 795-609 Banking Fees $ 579,040 $ 0 33,643
5A5 795-616 Unemployment 33,645
Compensation Benefit
Automation $ 6,705,016 $ 0 33,647
557 795-613 Apprenticeship 33,649
Council Conference $ 15,000 $ 0 33,651
TOTAL SSR State Special Revenue 33,652
Fund Group $ 24,921,364 $ 0 33,655
TOTAL ALL BUDGET FUND GROUPS $ 268,436,798 $ 0 33,658
Administration Support Services 33,661
The Administrator of the Bureau of Employment Services may 33,663
assess programs of the bureau for the cost of administration, 33,665
support, and technical services. Such an assessment shall be 33,666
based upon a plan submitted to and approved by the Office of 33,667
Budget and Management by the first day of August of each fiscal 33,668
year and shall contain the characteristics of administrative ease 33,669
and uniform application. A program's payments shall be 33,671
transferred via intrastate transfer voucher to the Unemployment 33,673
Compensation Administration Fund (Fund 331). 33,674
Employer Surcharge 33,676
The surcharge and the interest on the surcharge amounts due 33,678
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 33,679
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 33,680
General Assembly shall be assessed, collected, accounted for, and 33,681
742
made available to the Administrator of the Bureau of Employment 33,682
Services in the same manner as are the surcharge and interest 33,683
amounts pursuant to section 4141.251 of the Revised Code. 33,684
Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS 33,686
General Services Fund Group 33,688
4K9 892-609 Operating Expenses $ 884,949 $ 927,525 33,693
TOTAL GSF General Services 33,694
Fund Group $ 884,949 $ 927,525 33,697
TOTAL ALL BUDGET FUND GROUPS $ 884,949 $ 927,525 33,700
Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY 33,703
General Revenue Fund 33,705
GRF 715-501 Local Air Pollution 33,708
Control $ 1,295,661 $ 1,331,940 33,710
GRF 716-321 Central 33,712
Administration $ 3,778,701 $ 3,879,590 33,714
GRF 717-321 Water Quality 33,716
Planning and
Assessment $ 8,276,598 $ 8,616,849 33,718
GRF 718-321 Groundwater $ 1,144,510 $ 1,179,013 33,722
GRF 719-321 Air Pollution Control $ 2,678,754 $ 2,764,837 33,726
GRF 721-321 Public Water System 33,728
Supervision $ 2,853,133 $ 2,940,744 33,730
GRF 723-321 Hazardous Waste $ 142,566 $ 155,813 33,734
GRF 724-321 Pollution Prevention $ 724,940 $ 827,440 33,738
GRF 725-321 Laboratory $ 1,170,344 $ 1,204,395 33,742
GRF 726-321 Corrective Actions $ 1,242,266 $ 1,203,353 33,746
GRF 728-321 Environmental 33,748
Financial Assistance $ 49,912 $ 54,550 33,750
GRF 729-321 Solid Waste $ 120,511 $ 131,709 33,754
TOTAL GRF General Revenue Fund $ 23,477,896 $ 24,290,233 33,757
General Services Fund Group 33,760
199 715-602 Laboratory Services $ 802,472 $ 822,893 33,765
4A1 715-640 Operating Expenses $ 4,376,896 $ 4,519,750 33,769
TOTAL GSF General Services 33,770
743
Fund Group $ 5,179,368 $ 5,342,643 33,773
Federal Special Revenue Fund Group 33,776
3F2 715-630 Revolving Loan Fund - 33,779
Operating $ 3,680,500 $ 3,716,000 33,781
3F3 715-632 Fed Supported Cleanup 33,783
and Response $ 3,064,631 $ 4,464,910 33,785
3F4 715-633 Water Quality 33,787
Management $ 727,000 $ 727,000 33,789
3F5 715-641 Nonpoint Source 33,791
Pollution Management $ 4,700,000 $ 5,300,000 33,793
3J1 715-620 Urban Stormwater $ 500,000 $ 500,000 33,797
3J5 715-615 Maumee River $ 153,680 $ 0 33,801
3K4 715-634 DOD Monitoring and 33,803
Oversight $ 718,301 $ 682,460 33,805
3K6 715-639 Remedial Action Plan $ 750,000 $ 521,400 33,809
3M5 715-652 Haz Mat Transport 33,811
Uniform Safety $ 283,728 $ 284,493 33,813
3N1 715-655 Pollution Prevention 33,815
Grants $ 87,150 $ 25,000 33,817
3N4 715-657 DOE Monitoring and 33,819
Oversight $ 3,868,638 $ 3,883,118 33,821
3S4 715-653 Performance 33,823
Partnership Grants $ 13,795,906 $ 13,754,814 33,825
3T1 715-668 Rural Hardship Grant $ 900,000 $ 100,000 33,829
352 715-611 Wastewater Pollution $ 239,650 $ 240,425 33,833
353 715-612 Public Water Supply $ 260,000 $ 260,000 33,837
356 715-616 Indirect Costs $ 3,000,000 $ 3,000,000 33,841
357 715-619 Air Pollution Control $ 388,750 $ 255,000 33,845
362 715-605 Underground Injection 33,847
Control $ 50,000 $ 0 33,849
TOTAL FED Federal Special Revenue 33,850
Fund Group $ 37,167,934 $ 37,714,620 33,853
State Special Revenue Fund Group 33,856
3T3 715-669 Drinking Water SRF $ 5,414,115 $ 5,260,935 33,861
744
4C3 715-647 Central Support 33,863
Indirect $ 7,103,081 $ 7,150,702 33,865
4J0 715-638 Underground Injection 33,867
Control $ 347,808 $ 357,265 33,869
4K2 715-648 Clean Air - Non Title 33,871
V $ 2,882,688 $ 3,183,577 33,873
4K3 715-649 Solid Waste $ 10,471,339 $ 10,779,003 33,877
4K4 715-650 Surface Water 33,879
Protection $ 7,117,576 $ 7,134,669 33,881
4K5 715-651 Drinking Water 33,883
Protection $ 4,344,761 $ 4,460,047 33,885
4P5 715-654 Cozart Landfill $ 133,640 $ 137,382 33,889
4R5 715-656 Scrap Tire Management $ 3,333,097 $ 2,441,618 33,893
4R9 715-658 Voluntary Action 33,895
Program $ 171,406 $ 201,634 33,897
4T3 715-659 Clean Air Title V 33,899
Permit Program $ 16,254,785 $ 17,466,741 33,901
4U7 715-660 Construction & 33,903
Demolition Debris $ 122,000 $ 127,500 33,905
5H4 715-664 Groundwater Support $ 1,383,904 $ 1,412,845 33,909
500 715-608 Immediate Removal 33,911
Special Account $ 800,390 $ 601,597 33,913
503 715-621 Hazardous Waste 33,915
Facility Management $ 8,219,531 $ 8,283,100 33,917
503 715-662 Hazardous Waste 33,919
Facility Board $ 654,214 $ 641,903 33,921
505 715-623 Hazardous Waste 33,923
Cleanup $ 12,914,553 $ 11,881,897 33,925
541 715-670 Site Specific Cleanup $ 2,417,353 $ 2,024,727 33,929
542 715-671 Risk Management 33,931
Reporting $ 480,200 $ 480,200 33,933
592 715-627 Anti-Tampering 33,935
Settlement $ 16,530 $ 15,334 33,937
745
6A1 715-645 Environmental 33,939
Education $ 2,137,081 $ 2,138,253 33,941
602 715-626 Motor Vehicle 33,943
Inspection and
Maintenance $ 2,630,980 $ 2,474,801 33,945
644 715-631 ER Radiological 33,947
Safety $ 183,380 $ 184,893 33,949
660 715-629 Infectious Wastes 33,951
Management $ 127,849 $ 131,251 33,953
676 715-642 Water Pollution 33,955
Control Loan
Administration $ 100,000 $ 1,060,000 33,957
678 715-635 Air Toxic Release $ 355,457 $ 370,598 33,961
679 715-636 Emergency Planning $ 1,897,343 $ 1,950,986 33,965
696 715-643 Air Pollution Control 33,967
Administration $ 765,621 $ 790,153 33,969
699 715-644 Water Pollution 33,971
Control
Administration $ 487,633 $ 500,384 33,973
TOTAL SSR State Special Revenue 33,974
Fund Group $ 93,268,315 $ 93,643,995 33,977
TOTAL ALL BUDGET FUND GROUPS $ 159,093,513 $ 160,991,491 33,980
Central Support Indirect Chargeback 33,983
The Environmental Protection Agency, with approval of the 33,985
Director of Budget and Management, shall utilize a methodology 33,986
for determining each division's payments into the Operating 33,987
Expenses Fund (Fund 4A1). The methodology used shall contain the 33,988
characteristics of administrative ease and uniform application. 33,989
Payments to the Operating Expenses Fund (Fund 4A1) shall be made
using an intrastate transfer voucher. 33,990
Memorandum of Understanding 33,992
Due to the competitive economic forces of Ohio's bordering 33,994
states, the Director of the Environmental Protection Agency 33,995
should actively pursue a memorandum of understanding with the 33,996
746
United States Environmental Protection Agency for the Voluntary 33,997
Action Program in Ohio. A memorandum of understanding will raise 33,998
the level of comfort and protection for participants in the 33,999
Voluntary Action Program, with the goal of attracting economic
development and enhancing environmental protection. 34,000
Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION 34,002
General Revenue Fund 34,004
GRF 172-321 Operating Expenses $ 463,373 $ 464,059 34,009
TOTAL GRF General Revenue Fund $ 463,373 $ 464,059 34,012
TOTAL ALL BUDGET FUND GROUPS $ 463,373 $ 464,059 34,015
Section 48. ETH OHIO ETHICS COMMISSION 34,018
General Revenue Fund 34,020
GRF 146-321 Operating Expenses $ 1,312,468 $ 1,304,989 34,025
TOTAL GRF General Revenue Fund $ 1,312,468 $ 1,304,989 34,028
General Services Fund Group 34,031
4M6 146-601 Operating Expenses $ 338,667 $ 363,766 34,036
TOTAL GSF General Services 34,037
Fund Group $ 338,667 $ 363,766 34,040
TOTAL ALL BUDGET FUND GROUPS $ 1,651,135 $ 1,668,755 34,043
Section 49. EXP OHIO EXPOSITIONS COMMISSION 34,046
General Revenue Fund 34,048
GRF 723-403 Junior Fair Subsidy $ 500,000 $ 525,000 34,053
GRF 723-404 State Fair Reserve $ 700,000 $ 0 34,057
TOTAL GRF General Revenue Fund $ 1,200,000 $ 525,000 34,060
State Special Revenue Fund Group 34,063
506 723-601 Operating Expenses $ 13,483,707 $ 13,945,497 34,068
4N2 723-602 Ohio State Fair 34,070
Harness Racing $ 475,000 $ 500,000 34,072
640 723-603 State Fair Reserve $ 700,000 $ 0 34,076
TOTAL SSR State Special Revenue 34,077
Fund Group $ 14,658,707 $ 14,445,497 34,080
TOTAL ALL BUDGET FUND GROUPS $ 15,858,707 $ 14,970,497 34,083
State Fair Reserve 34,086
Within thirty days after the effective date of this 34,088
747
section, the Director of Budget and Management shall transfer 34,089
$700,000 in cash by intrastate transfer voucher from 34,090
appropriation line item 723-404 to Fund 640, State Fair Reserve, 34,091
which is hereby created.
The foregoing appropriation item 723-603, State Fair 34,093
Reserve, shall serve as a budget reserve fund for the Ohio 34,094
Expositions Commission in the event of a significant decline in 34,095
attendance due to inclement weather or extraordinary 34,096
circumstances during the Ohio State Fair and resulting in a loss 34,097
of revenue. The State Fair Reserve may be used by the Ohio 34,098
Expositions Commission to pay bills resulting from the Ohio State 34,099
Fair only if all the following criteria are met: 34,100
(A) Admission revenues for the 1999 Ohio State Fair are 34,102
less than $2,580,000 or admission revenues for the 2000 Ohio 34,103
State Fair are less than $2,660,000 due to inclement weather or 34,104
extraordinary circumstances. These amounts are ninety per cent 34,105
of the projected admission revenues for each year. 34,106
(B) The Ohio Expositions Commission declares a state of 34,108
fiscal exigency and requests release of funds by the Director of 34,109
Budget and Management. 34,110
(C) The Director of Budget and Management releases the 34,112
funds. The Director of Budget and Management may approve or 34,113
disapprove the request for release of funds, may increase or 34,114
decrease the amount of release, and may place such conditions as 34,115
the director deems necessary on the use of the released funds. 34,116
The Director of Budget and Management may transfer appropriation 34,117
authority from fiscal year 2000 to fiscal year 2001 as needed. 34,118
Section 50. GOV OFFICE OF THE GOVERNOR 34,120
General Revenue Fund 34,122
GRF 040-321 Operating Expenses $ 4,621,451 $ 4,764,041 34,127
GRF 040-403 National Governors 34,129
Conference $ 170,848 $ 175,973 34,131
GRF 040-408 Office of Veterans' 34,133
Affairs $ 266,938 $ 274,866 34,135
748
GRF 040-501 Veterans Service 34,137
Commission Education $ 20,000 $ 20,000 34,139
TOTAL GRF General Revenue Fund $ 5,079,237 $ 5,234,880 34,142
General Services Fund Group 34,145
412 040-607 Notary Commission $ 156,666 $ 161,289 34,150
TOTAL GSF General Services 34,151
Fund Group $ 156,666 $ 161,289 34,154
TOTAL ALL BUDGET FUND GROUPS $ 5,235,903 $ 5,396,169 34,157
Appointment of Legal Counsel for the Governor 34,160
The Governor may expend a portion of the foregoing 34,162
appropriation item 040-321, Operating Expenses, to hire or 34,163
appoint legal counsel to be used in proceedings involving the 34,164
Governor in the Governor's official capacity or the Governor's
office only, without the approval of the Attorney General, 34,165
notwithstanding sections 109.02 and 109.07 of the Revised Code. 34,166
Of the foregoing appropriation item 040-501, Veterans 34,168
Service Commission Education, no more than $20,000 in each fiscal 34,169
year may be used to provide moneys to the Association of County 34,170
Veterans Service Commissioners to reimburse its member county 34,171
veterans service commissions for costs incurred in carrying out 34,172
educational and outreach duties required under divisions (E) and 34,173
(F) of section 5901.03 of the Revised Code. Upon the 34,174
presentation of an itemized statement, the Office of Veterans 34,176
Affairs shall direct the Auditor of State to issue a warrant upon 34,178
the state treasury to the association to reimburse member
commissions for reasonable and appropriate expenses incurred 34,179
performing these duties. The association shall establish uniform 34,180
procedures for reimbursing member commissions. 34,181
Section 51. DOH DEPARTMENT OF HEALTH 34,183
General Revenue Fund 34,185
GRF 440-402 Osteoporosis 34,188
Awareness $ 50,000 $ 50,000 34,190
GRF 440-406 Hemophilia Services $ 1,281,645 $ 1,281,763 34,194
749
GRF 440-407 Encephalitis Control 34,196
Project $ 246,967 $ 250,484 34,198
GRF 440-412 Cancer Incidence 34,200
Surveillance System $ 827,770 $ 828,159 34,202
GRF 440-413 Ohio Health Care 34,204
Policy and Data $ 3,848,845 $ 3,848,845 34,206
GRF 440-416 Child and Family 34,208
Health Services $ 11,179,151 $ 11,189,770 34,210
GRF 440-418 Immunizations $ 7,417,075 $ 8,096,207 34,214
GRF 440-424 Kid's Card $ 125,000 $ 125,000 34,217
GRF 440-430 Adult Care Facilities $ 1,836,179 $ 1,818,757 34,221
GRF 440-439 Nursing Home Survey 34,223
and Certification $ 3,081,223 $ 3,159,794 34,225
GRF 440-444 AIDS Prevention/AZT $ 8,080,677 $ 8,784,732 34,229
GRF 440-445 Nurse Aide Program $ 618,832 $ 620,832 34,233
GRF 440-451 Prevention $ 6,134,734 $ 7,128,593 34,237
GRF 440-452 Child and Family 34,239
Health Care
Operations $ 989,603 $ 979,196 34,241
GRF 440-453 Quality Assurance $ 5,920,825 $ 5,946,099 34,245
GRF 440-457 Services to State 34,247
Employees $ 135,143 $ 134,700 34,249
GRF 440-459 Ohio Early Start $ 12,056,497 $ 12,703,712 34,253
GRF 440-461 Vital Statistics $ 3,579,867 $ 3,541,713 34,257
GRF 440-501 Local Health 34,259
Districts $ 4,059,968 $ 4,157,407 34,261
GRF 440-504 Poison Control 34,263
Network $ 397,000 $ 401,728 34,265
GRF 440-505 Medically Handicapped 34,267
Children $ 12,533,049 $ 12,533,049 34,269
GRF 440-506 Tuberculosis $ 199,025 $ 203,801 34,273
GRF 440-507 Cystic Fibrosis $ 799,968 $ 800,136 34,277
GRF 440-508 Migrant Health $ 125,460 $ 128,471 34,281
GRF 440-510 Arthritis Care $ 321,783 $ 329,505 34,285
750
TOTAL GRF General Revenue Fund $ 85,846,286 $ 89,042,453 34,288
General Services Fund Group 34,291
142 440-618 General Operations $ 3,661,794 $ 3,395,177 34,296
211 440-613 Central Support 34,298
Indirect Costs $ 24,374,512 $ 25,014,398 34,300
473 440-622 Lab Operating 34,302
Expenses $ 3,788,586 $ 3,843,985 34,304
683 440-633 Employee Assistance 34,306
Program $ 1,063,630 $ 1,034,876 34,308
698 440-634 Nurse Aide Training $ 221,634 $ 227,403 34,312
TOTAL GSF General Services 34,313
Fund Group $ 33,110,156 $ 33,515,839 34,316
Federal Special Revenue Fund Group 34,319
320 440-601 Maternal Child Health 34,322
Block Grant $ 26,200,000 $ 26,855,000 34,324
387 440-602 Preventive Health 34,326
Block Grant $ 8,786,601 $ 8,786,601 34,328
389 440-604 Women, Infants, and 34,330
Children $ 177,000,000 $ 177,000,000 34,332
391 440-606 Medicaid/Medicare $ 19,859,644 $ 20,361,094 34,336
392 440-618 General Operations $ 63,328,268 $ 64,876,942 34,340
TOTAL FED Federal Special Revenue 34,341
Fund Group $ 295,174,513 $ 297,879,637 34,344
State Special Revenue Fund Group 34,347
4D6 440-608 Genetics Services $ 2,596,700 $ 2,658,220 34,352
4F9 440-610 Sickle Cell Disease 34,354
Control $ 966,867 $ 988,347 34,356
4G0 440-636 Heirloom Birth 34,358
Certificate $ 135,206 $ 138,853 34,360
4G0 440-637 Birth Certificate 34,362
Surcharge $ 51,400 $ 52,839 34,364
4L3 440-609 Miscellaneous 34,366
Expenses $ 365,000 $ 365,000 34,368
4T4 440-603 Child Highway Safety $ 210,836 $ 214,523 34,372
751
470 440-618 General Operations $ 12,541,756 $ 12,320,915 34,376
471 440-619 Certificate of Need $ 321,962 $ 330,371 34,380
477 440-627 Medically Handicapped 34,382
Children Audit $ 1,600,000 $ 1,600,000 34,384
5B5 440-616 Quality, Monitoring, 34,386
and Inspection $ 740,973 $ 759,670 34,388
5C0 440-615 Alcohol Testing and 34,390
Permit $ 1,305,067 $ 1,325,113 34,392
5D6 440-620 Second Chance Trust $ 787,316 $ 814,016 34,396
5E1 440-624 Health Services $ 2,450,000 $ 2,000,000 34,400
610 440-626 Radiation Emergency 34,402
Response $ 920,982 $ 921,584 34,403
666 440-607 Medically Handicapped 34,405
Children-County
Assessments $ 14,433,293 $ 14,039,889 34,407
TOTAL SSR State Special Revenue 34,408
Fund Group $ 39,427,358 $ 38,529,340 34,411
Holding Account Redistribution Fund Group 34,414
R14 440-631 Vital Statistics $ 68,691 $ 68,691 34,419
R48 440-625 Refunds, Grants 34,421
Reconciliation, and
Audit Settlements $ 10,280 $ 10,280 34,423
TOTAL 090 Holding Account 34,424
Redistribution
Fund Group $ 78,971 $ 78,971 34,427
TOTAL ALL BUDGET FUND GROUPS $ 453,637,284 $ 459,046,240 34,430
Hemophilia Services 34,433
Of the foregoing appropriation item 440-406, Hemophilia 34,435
Services, $205,000 in each fiscal year shall be used to implement 34,436
the Hemophilia Insurance Pilot Project. 34,437
Of the foregoing appropriation item 440-406, Hemophilia 34,439
Services, $235,000 in fiscal year 2000 and $245,000 in fiscal 34,440
year 2001 shall be used by the Department of Health to provide 34,441
grants to the nine hemophilia treatment centers to provide 34,442
752
prevention services for persons with hemophilia and their family 34,443
members affected by AIDS and other bloodborne pathogens. 34,444
Cancer Registry System 34,446
Of the foregoing appropriation item 440-412, Cancer 34,448
Incidence Surveillance System, $50,000 in each fiscal year shall 34,449
be provided to the Northern Ohio Cancer Resource Center. 34,450
The remaining moneys in appropriation item 440-412, Cancer 34,452
Incidence Surveillance System, shall be used to fund the Cancer 34,453
Surveillance System maintained and operated by the James Cancer 34,454
Hospital at The Ohio State University pursuant to sections 34,456
3701.261 to 3701.263 of the Revised Code.
The Department of Health shall provide the Arthur G. James 34,458
Cancer Hospital and Research Institute of The Ohio State 34,459
University with all of its records pertaining to the department's 34,460
former duties under sections 3701.261 (3335.60), 3701.262 34,461
(3335.61), and 3701.263 (3335.62) of the Revised Code as those 34,462
sections existed immediately prior to the effective date of their 34,463
amendment by this act. 34,464
Health Care Policy and Data 34,466
The Director of Budget and Management shall transfer, no 34,468
later than 15 days after the effective date of this section, 34,469
$100,000 in fiscal year 2000 from appropriation item 400-410, 34,470
TANF State, or 400-411, TANF Federal Block Grant, or both, to 34,471
appropriation item 440-413, Ohio Health Care Policy and Data.
These funds shall be used by the Hamilton Health Care Center to 34,472
provide health care services for children or their families who 34,473
reside in Butler County, whose income is at or below 200 per cent 34,474
of the official poverty guideline. The amount is hereby 34,475
appropriated. 34,476
The Director of Budget and Management shall transfer, no 34,478
later than August 1, 2000, $100,000 in fiscal year 2001 from 34,480
appropriation item 600-410, TANF State, or 600-411, TANF Federal 34,481
Block Grant, or both, to appropriation item 440-413, Ohio Health 34,482
Care Policy and Data. These funds shall be used by the Hamilton 34,483
753
Health Care Center to provide health care services for children 34,484
or their families who reside in Butler County, whose income is at 34,485
or below 200 per cent of the official poverty guideline. The 34,486
amount is hereby appropriated. 34,487
From the foregoing appropriation item 440-413, Ohio Health 34,489
Care Policy and Data, $750,000 in each fiscal year shall be used 34,490
for grants that enhance the quality and delivery of public and 34,491
private health services. Funds shall be distributed by the 34,492
Director of Health for a period of up to two years. The funds 34,493
granted by the Department of Health or other state dollars shall
constitute no more than 50 per cent of the total cost of the 34,494
program or project. The grantees shall use data collection and 34,495
analysis, community health needs assessments, and outcome 34,496
measurement to achieve the goals of the program or project. 34,497
Funded programs and projects shall demonstrate collaborative 34,498
activities between public health agencies and organizations,
provider alliances and organizations, or providers of acute 34,499
health care services. 34,500
Child and Family Health Services 34,502
Of the foregoing appropriation item 440-416, Child and 34,504
Family Health Services, $1,700,000 in each fiscal year shall be 34,505
used for family planning services. None of the funds received 34,507
through these family planning grants shall be used to provide 34,509
abortion services. None of the funds received through these
family planning grants shall be used for referrals for abortion, 34,510
except in the case of a medical emergency. These funds shall be 34,511
distributed on the basis of the relative need in the community 34,512
served by the Director of Health to family planning programs, 34,513
which shall include family planning programs funded under Title V 34,514
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 34,516
301, as amended, and Title X of the "Public Health Services Act," 34,517
58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to 34,518
other family planning programs which the Department of Health 34,519
also determines will provide services that do not include
754
referrals for abortion, other than in the case of medical 34,520
emergency, with state moneys, but that otherwise substantially 34,521
comply with the quality standards for such programs under Title V 34,522
and Title X.
The Director of Budget and Management shall transfer, no 34,524
later than 15 days after the effective date of this section, from 34,525
appropriation item 400-410, TANF State, or 400-411, TANF Federal 34,526
Block Grant, or both, to appropriation item 440-416, Child and 34,527
Family Health Services, $250,000 in fiscal year 2000 to be used 34,528
for family planning services for children or their families whose
income is at or below 200 per cent of the official poverty 34,529
guideline. The amount is hereby appropriated. 34,530
The Director of Budget and Management shall transfer, no 34,532
later than July 15, 2000, from appropriation item 600-410, TANF 34,533
State, or 600-411, TANF Federal Block Grant, or both, to 34,534
appropriation item 440-416, Child and Family Health Services, 34,535
$250,000 in fiscal year 2001 to be used for family planning
services for children or their families whose income is at or 34,536
below 200 per cent of the official poverty guideline. The amount 34,537
is hereby appropriated.
The Director of Health shall, by rule, provide reasonable 34,539
methods by which a grantee wishing to be eligible for federal 34,540
funding may comply with these requirements for state funding 34,541
without losing its eligibility for federal funding. 34,542
Of the foregoing appropriation item 440-416, Child and 34,544
Family Health Services, $150,000 in each fiscal year shall be 34,545
used to provide malpractice insurance for physicians and other 34,547
health professionals providing prenatal services in programs 34,548
funded by the Department of Health. 34,549
Of the foregoing appropriation item 440-416, Child and 34,551
Family Health Services, $650,000 in each fiscal year shall be 34,553
used for the Help Me Grow program.
Of the foregoing appropriation item 440-416, Child and 34,555
Family Health Services, $200,000 shall be used in each fiscal 34,557
755
year for the OPTIONS dental care access program. 34,558
Of the foregoing appropriation item 440-416, Child and 34,560
Family Health Services, $400,000 in each fiscal year shall be 34,561
used by local Child and Family Health Services Clinics to provide 34,562
services to uninsured low-income persons. 34,563
Of the foregoing appropriation item 440-416, Child and 34,565
Family Health Services, $600,000 in each fiscal year shall be 34,566
used by Federally Qualified Health Centers and federally 34,567
designated look-alikes to provide services to uninsured 34,568
low-income persons.
Of the foregoing appropriation item 440-416, Child and 34,570
Family Health Services, $25,000 in fiscal year 2000 shall be 34,571
provided to the Cincinnati Down Syndrome Association. 34,572
Of the foregoing appropriation item 440-416, Child and 34,574
Family Health Services, $40,000 in each fiscal year shall be 34,575
provided to the Wellness Community Center. 34,576
HIV/AIDS Prevention/Protease Inhibitors 34,578
Of the foregoing appropriation item 440-444, AIDS 34,580
Prevention/AZT, $4.4 million in fiscal year 2000 and $5.0 million 34,581
in fiscal year 2001 shall be used to assist persons with HIV/AIDS 34,582
in acquiring protease inhibitor drugs. 34,583
Of the foregoing appropriation item 440-444, AIDS 34,585
Prevention/AZT, $124,500 in each fiscal year shall be used for 34,586
the AIDS Drug Reimbursement Program pursuant to section 3701.241 34,587
of the Revised Code and Title XXVI of the "Public Health Services 34,588
Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The 34,589
Department of Health is authorized to adopt rules pursuant to 34,590
Chapter 119. of the Revised Code as necessary for the 34,591
administration of the program. 34,592
Prevention 34,594
Of the foregoing appropriation item 440-451, Prevention, 34,596
$100,000 shall be used in each fiscal year for rape prevention 34,598
programs.
Of the foregoing appropriation item 440-451, Prevention, 34,600
756
$450,000 in fiscal year 2001 shall be used for rabies prevention. 34,601
Ohio Early Start 34,603
Of the foregoing appropriation item 440-459, Ohio Early 34,605
Start, $5.9 million in fiscal year 2000 and $6.0 million in 34,606
fiscal year 2001 shall be used for Welcome Home services that 34,607
include home visits by registered nurses to first-time and teen 34,608
parents.
The remaining moneys in appropriation item 440-459, Ohio 34,610
Early Start, shall be used to provide services to children under 34,611
age three who are at risk of developmental delay or child abuse 34,612
and neglect. The appropriation shall be allocated with the 34,613
approval of the Family and Children First Cabinet Council and 34,614
pursuant to rules adopted in accordance with Chapter 119. of the 34,615
Revised Code.
Poison Control Network 34,617
Of the foregoing appropriation item 440-504, Poison Control 34,619
Network, all available funds in each fiscal year shall be used by 34,620
the Department of Health for grants to the consolidated Ohio 34,621
Poison Control Center to provide poison control services to Ohio 34,622
citizens. 34,623
Tuberculosis 34,625
The foregoing appropriation item 440-506, Tuberculosis, 34,627
shall be used to make payments to counties pursuant to section 34,628
339.43 of the Revised Code. 34,629
Maternal Child Health Block Grant 34,631
Of the foregoing appropriation item 440-601, Maternal Child 34,633
Health Block Grant (Fund 320), $2,091,299 shall be used in each 34,634
fiscal year for the purposes of abstinence-only education. The 34,635
Director of Health shall develop guidelines for the establishment 34,636
of abstinence programs for teenagers with the purpose of
decreasing unplanned pregnancies and abortion. Such guidelines 34,637
shall be pursuant to Title V of the "Social Security Act," 42 34,638
U.S.C.A. 510, and shall include, but are not limited to, 34,639
advertising campaigns and direct training in schools and other 34,640
757
locations.
A portion of the foregoing appropriation item 440-601, 34,642
Maternal Child Health Block Grant (Fund 320), may be used to 34,643
ensure that current information on sudden infant death syndrome 34,644
is available for distribution by local health districts. 34,645
Genetics Services 34,647
The foregoing appropriation item 440-608, Genetics Services 34,649
(Fund 4D6), shall be used by the Department of Health to 34,650
administer programs authorized by sections 3701.501 and 3701.502 34,651
of the Revised Code. 34,652
Sickle Cell Fund 34,654
The foregoing appropriation item 440-610, Sickle Cell 34,656
Disease Control (Fund 4F9), shall be used by the Department of 34,657
Health to administer programs authorized by section 3701.131 of 34,658
the Revised Code. The source of the funds is as specified in 34,659
section 3701.23 of the Revised Code. 34,660
Osteoporosis Awareness Program 34,662
Grants from pharmaceutical companies, and others, for the 34,664
purpose of osteoporosis awareness shall be deposited in Fund 4L3, 34,665
Non-Governmental Revenue, and shall be used, along with 34,666
appropriations item 440-402, Osteoporosis Awareness (GRF), by the 34,668
Office of Women's Health Initiatives to implement an Osteoporosis 34,669
Awareness Program.
Medically Handicapped Children Audit 34,671
The Medically Handicapped Children Audit Fund (Fund 477) 34,673
shall receive revenue from audits of hospitals and recoveries 34,674
from third-party payors. Moneys may be expended for payment of 34,675
audit settlements and for costs directly related to obtaining 34,676
recoveries from third-party payors and for encouraging Program 34,677
for Medically Handicapped Children recipients to apply for 34,678
third-party benefits. Moneys also may be expended for payments 34,679
for diagnostic and treatment services on behalf of medically 34,680
handicapped children, as defined in division (A) of section 34,681
3701.022 of the Revised Code, and Ohio residents who are 34,682
758
twenty-one or more years of age and who are suffering from cystic 34,683
fibrosis.
Rabies Prevention 34,685
The foregoing appropriation item 440-624, Health Services 34,687
(Fund 5E1), shall be used for rabies prevention. 34,688
Medically Handicapped Children - County Assessments 34,691
The foregoing appropriation item 440-607, Medically 34,693
Handicapped Children - County Assessments (Fund 666), shall be 34,694
used to make payments pursuant to division (E) of section 34,695
3701.023 of the Revised Code. 34,696
Cash Transfer from Liquor Control Fund to Alcohol Testing 34,698
and Permit Fund 34,699
The Director of Budget and Management, pursuant to a plan 34,701
submitted by the Department of Health, or as otherwise determined 34,703
by the Director of Budget and Management, shall set a schedule to
transfer cash from the Liquor Control Fund (Fund 043) to the 34,705
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating 34,706
needs of the Alcohol Testing and Permit program. 34,707
The Director of Budget and Management shall transfer to the 34,709
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor 34,710
Control Fund (Fund 043) established in section 4301.12 of the 34,711
Revised Code such amounts at such times as determined by the 34,712
transfer schedule.
Indigent Persons Care Study 34,714
Before December 31, 1999, the Department of Health shall 34,716
submit a report to the Governor, the Speaker of the House of 34,717
Representatives, the President of the Senate, the Minority Leader 34,718
of the House of Representatives, the Minority Leader of the 34,719
Senate, the Legislative Budget Office of the Legislative Service 34,720
Commission, and the Office of Budget and Management. The report 34,721
shall include findings based on the data collected between July 34,722
1, 1997, and June 30, 1999, regarding the number of indigent 34,723
persons involved in motor vehicle accidents, the cost of the 34,724
indigent persons' medical care, and how the care was paid for. 34,725
759
Section 52. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS 34,727
General Revenue Fund 34,729
GRF 148-100 Personal Services $ 173,950 $ 178,125 34,734
GRF 148-200 Maintenance $ 37,422 $ 38,320 34,738
TOTAL GRF General Revenue Fund $ 211,372 $ 216,445 34,741
General Services Fund Group 34,743
601 148-602 Gifts and 34,746
Miscellaneous $ 8,107 $ 8,302 34,748
TOTAL GSF General Services 34,749
Fund Group $ 8,107 $ 8,302 34,752
TOTAL ALL BUDGET FUND GROUPS $ 219,479 $ 224,747 34,755
Resource Utilization Study 34,758
The Commission on Hispanic/Latino Affairs shall explore 34,760
with the University of Toledo, or any other state university or 34,761
college, better options for utilizing the state resources 34,762
provided to the commission. The commission shall submit a report 34,763
of its findings to the Governor, the Speaker of the House of
Representatives, the President of the Senate, the Minority Leader 34,764
of the House of Representatives, and the Minority Leader of the 34,765
Senate by December 31, 2000. 34,766
Section 53. OHS OHIO HISTORICAL SOCIETY 34,768
General Revenue Fund 34,770
GRF 360-501 Operating Subsidy $ 3,871,946 $ 3,964,872 34,775
GRF 360-502 Site Operations $ 7,482,699 $ 7,406,284 34,779
GRF 360-503 Ohio Bicentennial 34,781
Commission $ 1,096,155 $ 1,108,063 34,783
GRF 360-504 Ohio Preservation 34,785
Office $ 346,507 $ 354,824 34,787
GRF 360-505 Afro-American Museum $ 1,113,603 $ 1,140,329 34,791
GRF 360-506 Hayes Presidential 34,793
Center $ 751,229 $ 769,258 34,795
GRF 360-508 Historical Grants $ 1,135,000 $ 125,000 34,799
GRF 360-509 Adena Visitor Center 34,801
and Grounds $ 1,200,000 $ 0 34,803
760
TOTAL GRF General Revenue Fund $ 16,997,139 $ 14,868,630 34,806
TOTAL ALL BUDGET FUND GROUPS $ 16,997,139 $ 14,868,630 34,809
Subsidy Appropriation 34,812
Upon approval by the Director of Budget and Management, the 34,814
foregoing appropriation items shall be released to the Ohio 34,815
Historical Society in quarterly amounts that in total do not 34,816
exceed the annual appropriations. The funds and fiscal records 34,817
of the society for fiscal years 2000 and 2001 shall be examined 34,818
by independent certified public accountants approved by the 34,819
Auditor of State, and a copy of the audited financial statements 34,820
shall be filed with the Office of Budget and Management. The 34,821
society shall prepare and submit to the Office of Budget and 34,823
Management the following:
(A) An estimated operating budget for each fiscal year of 34,825
the biennium. The operating budget shall be submitted at or near 34,826
the beginning of each year. 34,827
(B) Financial reports, indicating actual receipts and 34,829
expenditures for the fiscal year to date. These reports shall be 34,830
filed at least semiannually during the fiscal biennium. 34,831
The foregoing appropriations shall be considered to be the 34,833
contractual consideration provided by the state to support the 34,834
state's offer to contract with the Ohio Historical Society under 34,835
section 149.30 of the Revised Code. 34,836
Site Operations 34,838
Of the foregoing appropriation item 360-502, Site 34,840
Operations, $150,000 in fiscal year 2000 shall be used for the 34,841
Neil Armstrong Museum.
Ohio Bicentennial Commission 34,843
Of the foregoing appropriation item 360-503, Ohio 34,845
Bicentennial Commission, $50,000 in fiscal year 2000 shall be 34,846
used for the Newark Bicentennial, and $50,000 in fiscal year 2000 34,847
shall be used for the Aurora Bicentennial.
Historical Grants 34,849
Of the foregoing appropriation item 360-508, Historical 34,851
761
Grants, $500,000 in fiscal year 2000 shall be distributed to the 34,852
Cleveland Museum of Art. 34,853
Of the foregoing appropriation item 360-508, Historical 34,855
Grants, $25,000 in each fiscal year shall be used for Thurber 34,856
House.
Of the foregoing appropriation item 360-508, Historical 34,858
Grants, $100,000 in each fiscal year shall be used for the 34,859
American Classical Music Hall of Fame and Museum. 34,860
Of the foregoing appropriation item 360-508, Historical 34,862
Grants, $500,000 in fiscal year 2000 shall be distributed to the 34,863
Western Reserve Historical Society. 34,864
Of the foregoing appropriation item 360-508, Historical 34,866
Grants, $10,000 in fiscal year 2000 shall be released to Historic 34,867
Hopewell.
Adena Visitor Center and Grounds 34,869
The foregoing appropriation item 360-509, Adena Visitor 34,871
Center and Grounds, shall be used toward the completion of a 34,872
visitor center and the repair, restoration, and renovation of 34,873
existing structures in preparation for Ohio's bicentennial 34,874
celebration.
Hayes Presidential Center 34,876
If a United States government agency, including, but not 34,878
limited to, the National Park Service, chooses to take over the 34,879
operations and/or maintenance of the Hayes Presidential Center, 34,880
in whole or in part, the Ohio Historical Society shall make 34,882
arrangements with the National Park Service or other United
States government agency for the efficient transfer of operations 34,884
and/or maintenance.
Ohio Historical Society Review Committee 34,886
(A) There is hereby created the Ohio Historical Society 34,888
Review Committee consisting of seven members. The Governor, the 34,889
Speaker of the House of Representatives, the President of the 34,890
Senate, and the minority leaders of the House and the Senate 34,891
shall each appoint one member. The President of the Ohio 34,892
762
Historical Society Board of Trustees, and another member of the 34,893
Ohio Historical Society Board shall also be members. 34,894
(1) All members shall serve without compensation. 34,896
(2) Four members shall constitute a quorum. 34,898
(3) The society's members shall include one representative 34,900
who is elected by the society and one who is appointed by the 34,901
Governor.
(4) The review committee shall select a chairperson from 34,903
among its members.
(B) The task of the review committee shall include, but is 34,905
not limited to, the formulation of financial alternatives 34,906
concerning future funding needs, a review of the appropriateness 34,907
of the statutory duties of the society, and a review of the 34,908
financial and governance relationship between the state and the
Ohio Historical Society. 34,909
(C) The review committee shall make recommendations to the 34,911
Governor, the House of Representatives, the Senate, and the Ohio 34,912
Historical Society by October 1, 2000, at which time the 34,914
committee shall be terminated.
(D) The review committee may enter into professional 34,916
services contracts to assist with their review. Such expenses, 34,917
and other expenses related to the activities of the review 34,918
committee, shall be paid from the foregoing appropriation item 34,920
360-501, Operating Subsidy. No more than $75,000 in each fiscal
year shall be used for these purposes. 34,921
Section 54. REP OHIO HOUSE OF REPRESENTATIVES 34,923
General Revenue Fund 34,925
GRF 025-321 Operating Expenses $ 17,989,966 $ 17,989,966 34,930
TOTAL GRF General Revenue Fund $ 17,989,966 $ 17,989,966 34,933
General Services Fund Group 34,936
103 025-601 House Reimbursement $ 1,287,500 $ 1,287,500 34,941
4A4 025-602 Miscellaneous Sales $ 33,990 $ 33,990 34,945
TOTAL GSF General Services 34,946
Fund Group $ 1,321,490 $ 1,321,490 34,949
763
TOTAL ALL BUDGET FUND GROUPS $ 19,311,456 $ 19,311,456 34,952
Section 55. HUM DEPARTMENT OF HUMAN SERVICES 34,955
General Revenue Fund 34,957
GRF 400-100 Personal Services 34,960
State $ 35,596,987 $ 0 34,964
Federal $ 16,903,068 $ 0 34,968
Personal Services 34,970
Total $ 52,500,055 $ 0 34,972
GRF 400-200 Maintenance 34,974
State $ 17,044,633 $ 0 34,978
Federal $ 7,409,647 $ 0 34,982
Maintenance Total $ 24,454,280 $ 0 34,986
GRF 400-300 Equipment 34,988
State $ 925,465 $ 0 34,992
Federal $ 406,522 $ 0 34,996
Equipment Total $ 1,331,987 $ 0 35,000
GRF 400-402 Electronic Benefits 35,002
Transfer (EBT)
State $ 7,260,457 $ 0 35,006
Federal $ 7,260,458 $ 0 35,010
EBT Total $ 14,521,095 $ 0 35,014
GRF 400-405 Family Violence 35,016
Prevention Programs $ 812,274 $ 0 35,018
GRF 400-408 Child & Family 35,020
Services Activities $ 3,104,606 $ 0 35,022
GRF 400-409 Wellness Block Grant $ 14,337,515 $ 0 35,026
GRF 400-410 TANF State $ 261,857,133 $ 0 35,030
GRF 400-411 TANF Federal Block 35,032
Grant $ 417,200,000 $ 0 35,034
GRF 400-413 Day Care Match/Maint. 35,036
of Effort $ 76,454,292 $ 0 35,038
GRF 400-416 Computer Projects 35,040
State $ 69,280,200 $ 0 35,044
Federal $ 29,719,800 $ 0 35,048
764
Computer Projects 35,050
Total $ 99,000,000 $ 0 35,052
GRF 400-420 Child Support 35,054
Administration $ 7,125,822 $ 0 35,056
GRF 400-426 Children's Health 35,058
Insurance Program
State $ 2,104,086 $ 0 35,062
Federal $ 4,656,614 $ 0 35,066
Children's Health 35,068
Insurance Program
Total $ 6,760,700 $ 0 35,070
GRF 400-502 Child Support Match $ 20,207,796 $ 0 35,074
GRF 400-504 Non-TANF County 35,076
Administration $ 76,017,940 $ 0 35,078
GRF 400-511 Disability Assistance $ 52,400,000 $ 0 35,082
GRF 400-512 Non-TANF Emergency 35,084
Assistance $ 4,200,000 $ 0 35,086
GRF 400-522 Burial Claims $ 1,338,062 $ 0 35,090
GRF 400-525 Health Care/Medicaid 35,092
State $2,286,724,346 $ 0 35,096
Federal $3,220,800,570 $ 0 35,100
Health Care/Medicaid 35,102
Total $5,507,524,916 $ 0 35,104
GRF 400-527 Child Protective 35,106
Services $ 54,808,735 $ 0 35,108
GRF 400-528 Adoption Services 35,110
State $ 27,253,334 $ 0 35,114
Federal $ 25,996,634 $ 0 35,118
Adoption Services 35,120
Total $ 53,249,968 $ 0 35,122
GRF 400-534 Adult Protective 35,124
Services $ 2,931,340 $ 0 35,126
GRF 400-552 County Social 35,128
Services $ 12,072,886 $ 0 35,130
765
TOTAL GRF General Revenue Fund 35,131
State $2,798,089,999 $ 0 35,135
Federal $3,966,121,403 $ 0 35,139
GRF Total $6,764,211,402 $ 0 35,143
General Services Fund Group 35,146
4A8 400-658 Child Support 35,149
Collections $ 42,751,619 $ 0 35,151
4R4 400-665 BCII Service Fees $ 110,119 $ 0 35,155
5C9 400-671 Medicaid Program 35,157
Support $ 83,135,065 $ 0 35,159
613 400-645 Training Activities $ 75,000 $ 0 35,163
TOTAL GSF General Services 35,164
Fund Group $ 126,071,803 $ 0 35,167
Federal Special Revenue Fund Group 35,170
3A2 400-641 Emergency Food 35,173
Distribution $ 1,499,480 $ 0 35,175
3D3 400-648 Children's Trust Fund 35,177
Federal $ 1,475,393 $ 0 35,179
3F0 400-623 Health Care Federal $ 218,085,792 $ 0 35,183
3F0 400-650 Hospital Care 35,185
Assurance Match $ 319,566,075 $ 0 35,187
3G5 400-655 Interagency 35,189
Reimbursement $ 775,423,674 $ 0 35,191
3G9 400-657 Special Activities 35,193
Family Assistance $ 333,882 $ 0 35,195
3H7 400-617 Day Care Federal $ 137,857,760 $ 0 35,199
3N0 400-628 IV-E Foster Care 35,201
Maintenance/Pass 35,202
Through $ 162,844,023 $ 0 35,204
3S5 400-622 Child Support 35,206
Projects $ 534,050 $ 0 35,208
316 400-602 State and Local 35,210
Training $ 6,770,894 $ 0 35,212
327 400-606 Child Welfare $ 29,007,597 $ 0 35,216
766
384 400-610 Food Stamps and State 35,218
Administration $ 141,595,547 $ 0 35,220
385 400-614 Foreign Refugees $ 7,309,725 $ 0 35,224
395 400-616 Special 35,226
Activities/Child and
Family Services $ 4,418,844 $ 0 35,228
396 400-620 Social Services Block 35,230
Grant $ 73,947,634 $ 0 35,232
397 400-626 Child Support $ 216,456,690 $ 0 35,236
398 400-627 Adoption Maintenance/ 35,238
Administration $ 204,774,490 $ 0 35,241
TOTAL FED Federal Special Revenue 35,242
Fund Group $2,301,901,550 $ 0 35,245
State Special Revenue Fund Group 35,248
198 400-647 Children's Trust Fund $ 3,167,164 $ 0 35,253
4E3 400-605 Nursing Home 35,255
Assessments $ 92,910 $ 0 35,257
4E7 400-604 Child and Family 35,259
Services Collections $ 138,780 $ 0 35,261
4F1 400-609 Foundation 35,263
Grants/Child and
Family Services $ 1,383,822 $ 0 35,265
4J5 400-613 Nursing Facility Bed 35,267
Assessments $ 32,319,125 $ 0 35,269
4J5 400-618 Residential State 35,271
Supplement Payments $ 14,112,907 $ 0 35,273
4K1 400-621 ICF MR Bed 35,275
Assessments $ 21,323,562 $ 0 35,277
4N7 400-670 Wellness Block Grant $ 1,000,000 $ 0 35,281
4V2 400-612 Child Support 35,283
Activities $ 124,993 $ 0 35,285
5E4 400-615 Private Child Care 35,287
Agencies Training $ 10,280 $ 0 35,289
6A7 400-656 Ford Foundation $ 61,680 $ 0 35,293
767
600 400-603 Third-Party 35,295
Recoveries $ 10,370,063 $ 0 35,297
651 400-649 Hospital Care 35,299
Assurance Program $ 228,951,047 $ 0 35,301
TOTAL SSR State Special Revenue 35,302
Fund Group $ 313,056,333 $ 0 35,305
Agency Fund Group 35,308
192 400-646 Support Intercept - 35,311
Federal $ 68,354,979 $ 0 35,313
5B6 400-601 Food Stamp Intercept $ 5,140,000 $ 0 35,317
583 400-642 Support 35,319
Intercept-State $ 14,458,021 $ 0 35,321
TOTAL AGY Agency Fund Group $ 87,953,000 $ 0 35,324
Holding Account Redistribution Fund Group 35,327
R12 400-643 Refunds and Audit 35,330
Settlements $ 200,000 $ 0 35,332
R13 400-644 Forgery Collections $ 700,000 $ 0 35,336
TOTAL 090 Holding Account 35,337
Redistribution
Fund Group $ 900,000 $ 0 35,340
TOTAL ALL BUDGET FUND GROUPS $9,594,094,088 $ 0 35,343
Section 55.01. Family Violence Prevention 35,346
The foregoing appropriation item 400-405, Family Violence 35,348
Prevention Programs, may be used to provide grants for county and 35,349
local family violence prevention community education initiatives, 35,350
and to provide funding for domestic violence shelters that the 35,351
Department of Human Services determines are exclusively for 35,353
victims of domestic violence.
Section 55.02. Health Care/Medicaid 35,355
The foregoing appropriation item 400-525, Health 35,357
Care/Medicaid, shall not be limited by the provisions of section 35,358
131.33 of the Revised Code. 35,359
Section 55.03. Medicaid Administrative Simplifications 35,362
(A) The Department of Human Services shall implement a 35,364
768
series of initiatives designed to simplify administrative 35,365
procedures in the Medicaid program. The initiatives shall be 35,366
designed to do the following: 35,367
(1) Reduce the complexity of the processes used in 35,369
applying for benefits and in making eligibility determinations, 35,370
including redeterminations of eligibility; 35,371
(2) Create and promote consistency from county to county 35,373
with regard to the Medicaid application and eligibility 35,374
determination processes; 35,375
(3) Coordinate, where possible, the Medicaid application 35,377
and eligibility determination processes with other health and 35,378
human services programs, including the Women, Infants, and 35,379
Children Program administered by the Ohio Department of Health 35,380
under section 3701.132 of the Revised Code; 35,381
(4) Provide information to the public regarding the 35,383
opportunity to receive Medicaid benefits and how to apply for 35,384
them.
(B) During state fiscal year 2000, the Department of Human 35,386
Services shall work with a targeted group of county departments 35,387
of human services in developing and testing the initiatives to 35,388
determine which initiatives would be best for implementation 35,389
statewide. The department shall work with the county departments 35,390
from the following counties: Butler, Clermont, Cuyahoga, 35,391
Franklin, Hamilton, Hocking, Warren, and any other counties 35,392
selected by the department. During state fiscal year 2001, the 35,393
department shall promote the initiatives that were determined to 35,394
be best for statewide implementation. 35,395
Section 55.04. Community Based Providers 35,397
From the foregoing appropriation item 400-525, Health 35,399
Care/Medicaid, $34,600,000 in fiscal year 2000 shall be used to 35,400
increase reimbursements in accordance with division (B) of 35,401
section 5111.025 of the Revised Code.
Section 55.05. Disability Assistance 35,403
The following schedule shall be used to determine monthly 35,405
769
grant levels in the Disability Assistance Program effective July 35,406
1, 1999. 35,407
Persons in 35,409
Assistance Group Monthly Grant 35,410
1 $115 35,413
2 159 35,414
3 193 35,415
4 225 35,416
5 251 35,417
6 281 35,418
7 312 35,419
8 361 35,420
9 394 35,421
10 426 35,422
11 458 35,423
12 490 35,424
13 522 35,425
14 554 35,426
For each additional person add 40 35,429
TANF Federal Funds 35,432
Upon the request of the Department of Human Services, the 35,434
Controlling Board may increase appropriations in appropriation 35,436
item 400-411, TANF Federal Block Grant, provided sufficient 35,437
Federal TANF block grant funds exist to do so, without any 35,438
corresponding decrease in other appropriation items. The 35,440
department shall first provide the Office of Budget and
Management with documentation to support the need for the 35,441
increased appropriation.
TANF County Incentives 35,443
Of the foregoing appropriation item 400-411, TANF Federal 35,445
Block Grant, the Department of Human Services may provide 35,447
financial incentives to those county departments of human 35,448
services that have exceeded performance standards adopted by the 35,449
state department, and where the board of county commissioners has 35,450
770
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 35,451
of the county department. Any financial incentive funds provided 35,452
pursuant to this division shall be used by the county department 35,453
for additional or enhanced services for families eligible for 35,454
assistance under Chapter 5107. or 5108. of the Revised Code or, 35,456
upon request by the county and approval by the Department of
Human Services, be transferred to the Child Care Development Fund 35,457
or the Social Services Block Grant. The county departments of 35,458
human services may retain and expend such funds without regard to 35,460
the state or county fiscal year in which the financial incentives 35,461
were earned or paid. Each county department of human services 35,462
shall file an annual report with the state Department of Human
Services providing detailed information on the expenditure of 35,463
these financial incentives and an evaluation of the effectiveness 35,464
of the county department's use of these funds in achieving 35,465
self-sufficiency for families eligible for assistance under 35,466
Chapter 5107. or 5108. of the Revised Code.
Hamilton Health Care Center 35,468
From the foregoing appropriation item 400-410, TANF State, 35,470
no later than 30 days after the effective date of this section, 35,471
the Director of Budget and Management shall transfer $100,000 in 35,472
appropriation authority to appropriation item 440-413, Ohio 35,473
Health Care Policy and Data, in the Department of Health. The 35,474
transferred appropriation authority shall be used to provide
health care services for children or their families who reside in 35,475
Butler County whose income is at or below 200 per cent of the 35,476
official income poverty guideline.
Alcohol and Drug Addiction Services Transfer 35,478
From the foregoing appropriation item 400-410, TANF State, 35,480
no later than 30 days after the effective date of this section, 35,481
the Director of Budget and Management shall transfer $1,623,864 35,482
in appropriation authority to appropriation item 038-401, Alcohol 35,483
and Drug Addiction Services, in the Department of Alcohol and 35,484
771
Drug Addiction Services. Of the amount transferred, $1,500,000 35,485
in appropriation authority shall be used to provide substance 35,486
abuse prevention and treatment services to children, or their 35,487
families, whose income is at or below 200 per cent of the 35,488
official income poverty guideline. The remaining $123,864 in 35,489
transferred appropriation authority shall be used to fund 35,490
adolescent youth mentoring programs for children or their 35,491
families whose income is at or below 200 per cent of the official 35,492
income poverty guideline. The Director of Alcohol and Drug 35,493
Addiction Services and the Director of Human Services shall 35,495
develop operating and reporting guidelines for these programs. 35,496
Individual Development Accounts 35,498
From the foregoing appropriation items 400-410, TANF State, 35,500
or 400-411, TANF Federal Block Grant, or both, up to $1,000,000 35,501
in fiscal year 2000 shall be used to allow county departments of 35,502
human services to make matching contributions to Individual 35,503
Development Accounts that have been established by residents of 35,504
the county.
Human Services Personal Care Assistance 35,506
From the foregoing appropriation items 400-410, TANF State, 35,508
or 400-411, TANF Federal Block Grant, or both, no later than 30 35,509
days after the effective date of this section, the Director of 35,510
Budget and Management shall transfer $240,000 cash to Fund 3T6, 35,511
appropriation item 415-621, Human Services Personal Care 35,512
Assistance, in the Rehabilitation Services Commission. The cash
transferred shall be used to fund two pilot projects, one in 35,513
Franklin County and one in Cuyahoga County, to place 25 35,514
TANF-eligible persons into jobs as personal care assistants. 35,515
TANF Family Planning 35,517
The Director of Budget and Management shall transfer, no 35,519
later than 15 days after the effective date of this section, 35,520
$250,000 in fiscal year 2000 from appropriation item 400-410, 35,521
TANF State, or 400-411, TANF Federal Block Grant, or both, to 35,522
440-416, Child and Family Health Services, to be used for family
772
planning services. 35,523
Transfer to Ohio Agricultural Surplus Production Alliance 35,525
Initiative 35,526
No later than 30 days after the effective date of this 35,528
section, the Director of Budget and Management shall transfer 35,529
$1,000,000 in appropriation authority from appropriation item 35,530
400-410, TANF State, to appropriation item 700-621, Ohio 35,531
Agricultural Surplus Production Alliance Initiative (Fund 3T8), 35,532
within the Department of Agriculture. The moneys shall be used 35,533
to coordinate the purchase, storage, and distribution of surplus 35,534
commodities provided by growers, producers, and processors with 35,535
the Ohio Association of Second Harvest Foodbanks. The moneys 35,536
shall be used only for the purchase, storage, and transportation 35,537
of these food products and shall not be used for capital 35,538
construction or the purchase of capital goods. No more than 35,539
$50,000 in fiscal year 2000 may be used for administrative 35,540
expenses. These food products shall be provided to TANF-eligible 35,541
individuals. The Director of Agriculture and the Director of 35,542
Human Services shall develop operating and reporting guidelines 35,543
for the program.
Inner City Youth Opportunities Program 35,545
Of the foregoing appropriation items 400-410, TANF State, 35,547
or 400-411, TANF Federal Block Grant, or both, $75,000 in fiscal 35,548
year 2000, no later than 30 days after the effective date of this 35,549
section, shall be distributed to the Inner City Youth 35,550
Opportunities organization of Cincinnati for the purpose of 35,551
providing allowable services to TANF-eligible individuals, 35,552
contingent upon determination by the Department of Human Services 35,553
that such services meet TANF requirements. The Inner City Youth 35,554
Opportunities organization shall provide reports in accordance 35,555
with rules developed by the Department of Human Services. 35,556
Funding for Emergency Food Distribution Programs 35,558
Of the foregoing appropriation items 400-410, TANF State, 35,560
or 400-411, TANF Federal Block Grant, or both, $1,500,000 in 35,561
773
fiscal year 2000 shall be used by the Department of Human 35,562
Services to purchase commodities and distribute those commodities 35,563
to supplement the emergency food distribution programs. No more
than $75,000 may be used in fiscal year 2000 for administrative 35,564
expenses. Agencies receiving commodities under this program 35,566
shall provide reports in accordance with rules developed by the 35,567
Department of Human Services.
TANF Fatherhood Programs 35,569
From the foregoing appropriation item 400-411, TANF Federal 35,571
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 35,572
to support local fatherhood programs. Of the foregoing 35,573
$5,000,000, $300,000 in fiscal year 2000 shall be used to 35,574
establish a Fatherhood Commission.
TANF Adult Literacy and Child Reading Programs 35,576
From the foregoing appropriation item 400-411, TANF Federal 35,578
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 35,579
to support local adult literacy and child reading programs. 35,580
Cincinnati YWCA GED and Child Care Programs 35,582
Of the foregoing appropriation items 400-410, TANF State, 35,584
or 400-411, TANF Federal Block Grant, or both, $25,000 in fiscal 35,585
year 2000 is earmarked for the YWCA of Greater Cincinnati for the 35,586
purpose of providing a General Educational Development (GED) 35,587
program to TANF-eligible individuals. 35,588
Of the foregoing appropriation items 400-410, TANF State, 35,590
or 400-411, TANF Federal Block Grant, or both, $40,000 in fiscal 35,591
year 2000 is earmarked for the YWCA of Greater Cincinnati for the 35,592
purpose of providing child care to individuals enrolled in the 35,593
GED program. The YWCA of Greater Cincinnati shall provide 35,594
reports in accordance with rules developed by the Department of 35,595
Human Services. 35,596
Single Allocation for County Departments of Human Services 35,598
Using the foregoing appropriation items 400-504, Non-TANF 35,600
County Administration; 400-610, Food Stamps and State 35,601
Administration; 400-410, TANF State; 400-411, TANF Federal Block 35,603
774
Grant; 400-620, Social Services Block Grant; 400-552, County 35,604
Social Services; 400-413, Day Care Match/Maintenance of Effort; 35,605
400-617, Day Care Federal; 400-534, Adult Protective Services; 35,606
and 400-614, Foreign Refugees, the Department of Human Services 35,607
may establish a single allocation for county departments of human 35,608
services that are subject to a partnership agreement between a 35,609
board of county commissioners and the department. The county 35,610
department is not required to use all the money from one or more 35,611
of the foregoing appropriations items listed in this paragraph 35,612
for the purpose for which the specific appropriation item is made 35,613
so long as the county department uses the money for a purpose for 35,614
which at least one of the other of those foregoing appropriation 35,615
items is made. The county department may not use the money in 35,616
the allocation for a purpose other than a purpose for which any 35,617
of those foregoing appropriation items are made. If the spending 35,618
estimates used in establishing the single allocation are not 35,619
realized and the county department uses money in one or more of 35,620
those foregoing appropriation items in a manner for which federal 35,621
financial participation is not available, the department shall 35,622
use state funds available in one or more of those foregoing 35,623
appropriation items to ensure that the county department receives 35,624
the full amount of its allocation. The single allocation is the 35,625
maximum amount the county department will receive from those 35,626
foregoing appropriation items. 35,627
Reports on Interagency Transfers 35,629
With regard to the foregoing appropriation item 400-655, 35,631
Interagency Reimbursement, the Department of Human Services shall 35,632
provide the Legislative Budget Office of the Legislative Service 35,633
Commission with a report each month that details interagency 35,635
transfers through the appropriation item. The reports shall 35,636
break down transfers by agency and appropriation item to which 35,637
transfers are made. Transfers shall further be broken down by 35,638
source of federal funds, including federal program number (as
shown in the Catalog of Federal Domestic Assistance), grant 35,639
775
number, and department reporting category number. In addition, 35,640
transfers of Medicaid dollars shall be grouped between 35,641
reimbursement for services and administrative costs. Reports 35,642
shall be provided to the Legislative Budget Office of the 35,643
Legislative Service Commission within two weeks after the end of 35,645
the month.
Section 55.06. Hospital Care Assurance Match 35,647
Appropriation item 400-650, Hospital Care Assurance Match, 35,650
shall be used by the Department of Human Services to receive and 35,651
distribute funds in connection with the Hospital Care Assurance 35,652
Program.
Section 55.07. Transfer of Funds 35,654
The Department of Human Services shall transfer, through 35,656
intrastate transfer vouchers, cash from State Special Revenue 35,657
Fund 4K1, ICF/MR Bed Assessments, to Fund 4K8, Home and 35,658
Community-Based Services, in the Department of Mental Retardation 35,659
and Developmental Disabilities. The sum of the transfers shall 35,660
be equal to the amounts appropriated in fiscal year 2000 in 35,661
appropriation item 322-604, Waiver - Match. The transfer may 35,663
occur on a quarterly basis or on a schedule developed and agreed
to by both departments. 35,664
The Department of Human Services shall transfer, through 35,666
intrastate transfer vouchers, cash from the State Special Revenue 35,667
Fund 4J5, Home and Community-Based Services for the Aged, to Fund 35,668
4J4, PASSPORT, in the Department of Aging. The sum of the 35,669
transfers shall be equal to the amount appropriated in fiscal 35,670
year 2000 in appropriation item 490-610, PASSPORT/Residential 35,673
State Supplement. The transfer may occur on a quarterly basis or 35,674
on a schedule developed and agreed to by both departments.
Transfers of IMD/DSH Cash 35,676
The Department of Human Services shall transfer, through 35,678
intrastate transfer vouchers, cash from Fund 5C9, Medicaid 35,679
Program Support, to the Department of Mental Health's Fund 4X5, 35,680
OhioCare, in accordance with an interagency agreement that 35,682
776
delegates authority from the Department of Human Services to the
Department of Mental Health to administer specified Medicaid 35,683
services.
The Director of Budget and Management shall transfer cash 35,685
from the Department of Human Services Fund 5C9, Medicaid Program 35,687
Support, in the amount of $2,450,000 in fiscal year 2000 to the
Department of Health's Health Services Fund, Fund 5E1. 35,688
Transfer from the Children's Trust Fund to the Wellness 35,690
Block Grant Fund
Within 90 days after the effective date of this section, 35,692
the Director of Budget and Management shall transfer $1,000,000 35,694
in fiscal year 2000 from Fund 198, Children's Trust Fund, to Fund 35,695
4N7, Wellness Block Grant, within the Department of Human 35,696
Services' budget.
Foster Care Liability Coverage 35,698
On behalf of public children services agencies and in 35,700
consultation with the Department of Insurance and the Office of 35,701
State Purchasing, the Department of Human Services may seek and 35,702
accept proposals for a uniform and statewide insurance policy to 35,703
indemnify foster parents for personal injury and property damage 35,704
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 35,705
children services agency that agrees to purchase the insurance 35,706
policy.
Protective Services Incentive Funding 35,708
Notwithstanding the formula in section 5101.14 of the 35,710
Revised Code, from the foregoing appropriation item 400-527, 35,711
Child Protective Services, the Department of Human Services may 35,713
use no more than $5,400,000 in fiscal year 2000 as incentive 35,714
funding for public children services agencies to promote
innovative practice standards and efficiencies in service 35,715
delivery. The department shall develop a process for the release 35,716
of these funds and may adopt rules in accordance with section 35,717
111.15 of the Revised Code governing the distribution, release, 35,718
777
and use of these funds.
Of the foregoing appropriation item 400-527, Child 35,720
Protective Services, up to $1,500,000 in fiscal year 2000 may be 35,721
used by the Department of Human Services to provide incentive 35,722
funding for county public children's services agencies. Of this 35,723
amount, the county public children agencies can use $125,000 to
pursue accreditation by the Child Welfare League of America. 35,724
Of the foregoing appropriation item 400-527, Child 35,726
Protective Services, $3,900,000 shall be used in fiscal year 2000 35,727
for the implementation of the federal Adoption and Safe Families 35,728
Act of 1997.
Statewide Automated Child Welfare Information System 35,730
Of the foregoing appropriation item 400-416, Computer 35,731
Projects, in fiscal year 2000, $10,000,000 shall be used for the 35,732
development and implementation of the Statewide Automated Child 35,733
Welfare Information System (SACWIS). 35,734
Day Care/Head Start Collaborations 35,736
The Department of Human Services and the county departments 35,738
of human services shall work to develop collaborative efforts 35,739
between Head Start and child care providers. The Department of 35,740
Human Services may use the foregoing appropriation items 400-413, 35,742
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 35,743
child day care centers. 35,744
Adoption Assistance 35,746
Of the foregoing appropriation item 400-528, Adoption 35,749
Services State, not more than $3,700,000 in fiscal year 2000 35,750
shall be used in support of post finalization adoption services 35,751
offered pursuant to section 5153.163 of the Revised Code. The 35,752
Department of Human Services shall adopt rules and procedures 35,753
pursuant to section 111.15 of the Revised Code to set payment 35,754
levels and limit eligibility for post finalization adoption 35,755
services as necessary to limit program expenditures to the 35,756
amounts set forth in this section, based on factors including, 35,757
778
but not limited to, any or all of the following: type, or 35,758
extent, of the adopted child's disability or special need; and 35,759
resources available to the adoptive family to meet the child's 35,761
service needs.
Child Support Collections/TANF MOE 35,763
The foregoing appropriation item 400-658, Child Support 35,765
Collections, shall be used by the Department of Human Services to 35,766
meet the TANF Maintenance of Effort requirements of Pub. L. No. 35,767
104-193. After the state has met the maintenance of effort 35,768
requirement, the Department of Human Services may use funds from 35,769
appropriation item 400-658, Child Support Collections, to support
public assistance activities. 35,770
Private Child Care Agencies Training 35,772
The foregoing appropriation item 400-615, Private Child 35,774
Care Agencies Training, shall be used by the Department of Human 35,775
Services to provide the state match for federal Title IV-E 35,776
training dollars for private child placing agencies and private 35,777
noncustodial agencies. Revenues shall consist of moneys derived 35,778
from fees established under section 5101.143 of the Revised Code 35,779
and paid by private child placing agencies and private 35,780
noncustodial agencies.
Transfer for Lead Assessments 35,782
Of the foregoing appropriation item 400-525, Health 35,784
Care/Medicaid, the Department of Human Services may transfer 35,785
funds from the General Revenue Fund to the General Operations 35,786
Fund (Fund 142) of the Department of Health. Transfer of the 35,787
funds shall be made through intrastate transfer voucher pursuant 35,788
to an interagency agreement for the purpose of performing
environmental lead assessments in the homes of Medicaid 35,789
Healthcheck recipients.
Childhood Lead Poisoning Prevention Program 35,791
Of the foregoing appropriation item 400-525, Health 35,793
Care/Medicaid, up to $250,000 over the biennium shall be used to 35,794
fund the harmonization of data on Medicaid eligible children in 35,795
779
the Department of Human Services and data on tested children in 35,796
the Department of Health. The Department of Human Services and 35,797
the Department of Health shall jointly hire a consultant to work 35,798
with both agencies in developing and implementing this 35,799
data-sharing program. 35,800
Childhood Lead Poisoning Working Group 35,802
There is hereby created the Childhood Lead Poisoning 35,804
Working Group to work with the consultant on the implementation 35,805
of the data-sharing project, and to study and propose a state 35,806
plan to address lead poisoning treatment and control issues. The 35,807
Working Group shall consist of fourteen members, one of whom must 35,808
be a senator appointed by the President of the Senate, and one 35,809
member shall be a representative appointed by the Speaker of the 35,811
House of Representatives. The Working Group shall also consist
of two designees of the Director of each of the following 35,812
departments: Department of Human Services, Department of Health, 35,813
Department of Development, Ohio Environmental Protection Agency, 35,814
and the Department of Education. The Help End Lead Poisoning 35,815
Coalition shall appoint two members. The members of the Working 35,816
Group shall be appointed within thirty days of the effective date 35,817
of this section. 35,818
Not later than June 30, 2000, the Working Group shall 35,820
submit a report of its findings and recommendations to the 35,821
Speaker and Minority Leader of the House of Representatives and 35,822
the President and the Minority Leader of the Senate. The 35,823
above-mentioned departments shall make staff available to the 35,824
Working Group.
Medicaid Program Support Fund - State 35,826
The foregoing appropriation item 400-671, Medicaid Program 35,828
Support, shall be used by the Department of Human Services to pay 35,829
for Medicaid services and contracts. 35,830
Holding Account Redistribution Group 35,832
The foregoing appropriation items 400-643 and 400-644, 35,834
Holding Account Redistribution Fund Group, shall be used to hold 35,835
780
revenues until they are directed to the appropriate accounts or 35,836
until they are refunded. If it is determined that additional 35,837
appropriation authority is necessary, such amounts are hereby 35,838
appropriated.
Agency Fund Group 35,840
The Agency Fund Group shall be used to hold revenues until 35,843
the appropriate fund is determined or until they are directed to 35,844
the appropriate governmental agency other than the Department of 35,846
Human Services. If it is determined that additional 35,847
appropriation authority is necessary, such amounts are hereby
appropriated. 35,848
Section 55.08. Adoptive Placement Payments 35,850
The foregoing appropriation item 400-408, Child & Family 35,852
Services Activities, may be used to make payments pursuant to 35,853
agreements entered into under section 5103.12 of the Revised 35,854
Code. 35,855
Consolidation of State Grants 35,857
With the consent of a county, the Department of Human 35,859
Services may combine into a single and consolidated grant of 35,860
state aid, funds that would otherwise be provided to that county 35,861
pursuant to the operation of section 5101.14 of the Revised Code 35,862
and other funds that would otherwise be provided to that county 35,863
for the purpose of providing kinship care. 35,864
Funds contained in any such consolidation grant shall not 35,866
be subject to either statutory or administrative rules that would 35,867
otherwise govern allowable uses from such funds, except that such 35,869
funds shall continue to be used by the county to meet the
expenses of its children services program. Funds contained in 35,870
any consolidation grant shall be paid to each county within 35,871
thirty days after the beginning of each calendar quarter. Funds 35,872
provided to a county under this section shall be deposited in the 35,874
children services fund, established in section 5101.143 of the 35,875
Revised Code, and shall be used for no other purpose than to meet 35,876
the expenses of the children services program.
781
Section 56. IGO OFFICE OF THE INSPECTOR GENERAL 35,878
General Revenue Fund 35,880
GRF 965-321 Operating Expenses $ 640,670 $ 636,253 35,885
TOTAL GRF General Revenue Fund $ 640,670 $ 636,253 35,888
State Special Revenue Fund Group 35,890
4Z3 965-602 Special 35,893
Investigations $ 100,000 $ 100,000 35,895
TOTAL SSR State Special Revenue $ 100,000 $ 100,000 35,898
Fund Group
TOTAL ALL BUDGET FUND GROUPS $ 740,670 $ 736,253 35,901
Of the foregoing appropriation item 965-602, Special 35,904
Investigations, up to $100,000 in each fiscal year may be used 35,905
for investigative costs, pursuant to section 121.481 of the 35,906
Revised Code.
Section 57. INS DEPARTMENT OF INSURANCE 35,908
State Special Revenue Fund Group 35,910
554 820-601 Operating Expenses - 35,913
OSHIIP $ 733,707 $ 751,351 35,915
554 820-606 Operating Expenses $ 17,540,571 $ 17,771,394 35,919
555 820-605 Examination $ 6,147,608 $ 6,090,979 35,923
TOTAL SSR State Special Revenue 35,924
Fund Group $ 24,421,886 $ 24,613,724 35,927
TOTAL ALL BUDGET FUND GROUPS $ 24,421,886 $ 24,613,724 35,930
Market Conduct Examination 35,933
When conducting a market conduct examination of any insurer 35,935
doing business in this state, the Superintendent of Insurance may 35,936
assess the costs of such examination against the insurer. The 35,937
superintendent may enter into consent agreements to impose 35,938
administrative assessments or fines for conduct discovered that 35,939
may be violations of statutes or regulations administered by the 35,940
superintendent. All costs, assessments, or fines collected shall 35,941
be deposited to the credit of the Department of Insurance 35,942
Operating Fund (Fund 554). 35,943
Examinations of Domestic Fraternal Benefit Societies 35,945
782
The Superintendent of Insurance may transfer funds from the 35,947
Department of Insurance Operating Fund (Fund 554) established by 35,948
section 3901.021 of the Revised Code to the Superintendents 35,949
Examination Fund (Fund 555) established by section 3901.071 of 35,950
the Revised Code, only for the expenses incurred in examining 35,951
Domestic Fraternal Benefit Societies as required by section 35,952
3921.35 of the Revised Code. 35,953
Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES 35,955
General Revenue Fund 35,957
GRF 600-100 Personal Services 35,960
State $ 0 $ 35,389,243 35,964
Federal $ 0 $ 16,630,812 35,968
Personal Services 35,970
Total $ 0 $ 52,020,055 35,972
GRF 600-200 Maintenance 35,974
State $ 0 $ 17,309,326 35,978
Federal $ 0 $ 7,368,926 35,982
Maintenance Total $ 0 $ 24,678,252 35,986
GRF 600-300 Equipment 35,988
State $ 0 $ 420,342 35,992
Federal $ 0 $ 180,834 35,996
Equipment Total $ 0 $ 601,176 36,000
GRF 600-402 Electronic Benefits 36,002
Transfer (EBT)
State $ 0 $ 7,332,532 36,006
Federal $ 0 $ 7,332,531 36,010
EBT Total $ 0 $ 14,665,063 36,014
GRF 600-405 Family Violence 36,016
Prevention Programs $ 0 $ 835,018 36,018
GRF 600-406 Workforce Development $ 0 $ 358,404 36,022
GRF 600-407 Unemployment 36,024
Insurance/Employment
Services Operating $ 0 $ 22,727,425 36,026
783
GRF 600-408 Labor Market 36,028
Projections $ 0 $ 184,534 36,030
GRF 600-410 TANF State $ 0 $ 261,857,133 36,034
GRF 600-411 TANF Federal Block 36,036
Grant $ 0 $ 417,200,000 36,038
GRF 600-412 Prevailing 36,040
Wage/Minimum Wage and
Minors $ 0 $ 2,423,702 36,042
GRF 600-413 Day Care 36,044
Match/Maintenance of
Effort $ 0 $ 76,454,292 36,046
GRF 600-414 Apprenticeship 36,048
Council $ 0 $ 177,769 36,050
GRF 600-416 Computer Projects 36,052
State $ 0 $ 74,620,000 36,056
Federal $ 0 $ 29,380,000 36,060
Computer Projects 36,062
Total $ 0 $ 104,000,000 36,064
GRF 600-417 Public Employee Risk 36,066
Reduction Program $ 0 $ 1,356,075 36,068
GRF 600-420 Child Support 36,070
Administration $ 0 $ 8,103,800 36,072
GRF 600-426 Children's Health 36,074
Insurance Plan (CHIP)
State $ 0 $ 7,099,589 36,077
Federal $ 0 $ 16,857,856 36,080
CHIP Total $ 0 $ 23,957,445 36,083
GRF 600-427 Child and Family 36,085
Services Activities $ 0 $ 3,110,655 36,087
GRF 600-428 Wellness Block Grant $ 0 $ 14,337,515 36,091
GRF 600-429 Womens Programs $ 0 $ 485,619 36,095
GRF 600-430 OSHA Match $ 0 $ 137,045 36,099
GRF 600-502 Child Support Match $ 0 $ 20,773,614 36,103
784
GRF 600-504 Non-TANF County 36,105
Administration $ 0 $ 75,017,940 36,107
GRF 600-511 Disability 36,109
Assistance/Other
Assistance $ 0 $ 52,000,000 36,111
GRF 600-512 Non-TANF Emergency 36,113
Assistance $ 0 $ 4,200,000 36,115
GRF 600-522 Burial Claims $ 0 $ 1,465,911 36,119
GRF 600-525 Health Care/Medicaid 36,121
State $ 0 $2,424,948,748 36,125
Federal $ 0 $3,429,587,099 36,129
Health Care Total $ 0 $5,854,535,847 36,133
GRF 600-527 Child Protective 36,135
Services $ 0 $ 57,332,997 36,137
GRF 600-528 Adoption Services 36,139
State $ 0 $ 28,428,928 36,143
Federal $ 0 $ 27,632,851 36,147
Adoption Services 36,149
Total $ 0 $ 56,061,779 36,151
GRF 600-534 Adult Protective 36,153
Services $ 0 $ 2,931,340 36,155
GRF 600-552 County Social 36,157
Services $ 0 $ 12,072,886 36,159
TOTAL GRF General Revenue Fund 36,160
State $ 0 $2,977,309,580 36,164
Federal $ 0 $4,188,753,711 36,168
GRF Total $ 0 $7,166,063,291 36,172
General Services Fund Group 36,175
4A8 600-658 Child Support 36,178
Collections $ 0 $ 42,389,027 36,180
4R4 600-665 BCII Service Fees $ 0 $ 113,202 36,184
5C9 600-671 Medicaid Program 36,186
Support $ 0 $ 83,527,307 36,188
613 600-645 Training Activities $ 0 $ 75,000 36,192
785
TOTAL GSF General Services 36,193
Fund Group $ 0 $ 126,104,536 36,196
Federal Special Revenue Fund Group 36,199
3A2 600-641 Emergency Food 36,202
Distribution $ 0 $ 1,499,480 36,204
3D3 600-648 Children's Trust Fund 36,206
Federal $ 0 $ 1,475,393 36,208
3F0 600-623 Health Care Federal $ 0 $ 206,652,537 36,212
3F0 600-650 Hospital Care 36,214
Assurance Match $ 0 $ 309,158,525 36,216
3G5 600-655 Interagency 36,218
Reimbursement $ 0 $ 795,010,866 36,220
3G9 600-657 Special Activities 36,222
Family Assistance $ 0 $ 544,782 36,224
3H7 600-617 Day Care Federal $ 0 $ 137,857,760 36,228
3N0 600-628 IV-E Foster Care 36,230
Maintenance $ 0 $ 196,993,903 36,232
3S5 600-622 Child Support 36,234
Projects $ 0 $ 534,050 36,236
3S9 600-620 TANF Employment and 36,238
Training $ 0 $ 700,000 36,240
316 600-602 State and Local 36,242
Training $ 0 $ 7,336,811 36,244
327 600-606 Child Welfare $ 0 $ 29,481,996 36,248
331 600-601 Federal Operating $ 0 $ 111,819,362 36,252
349 600-614 OSHA Enforcement $ 0 $ 1,326,501 36,256
365 600-602 JOB Training Program $ 0 $ 121,099,383 36,260
384 600-610 Food Stamps and State 36,262
Administration $ 0 $ 150,437,578 36,264
385 600-614 Refugee Services $ 0 $ 7,309,725 36,268
395 600-616 Special 36,270
Activities/Child and
Family Services $ 0 $ 4,311,677 36,272
786
396 600-620 Social Services Block 36,274
Grant $ 0 $ 60,420,498 36,276
397 600-626 Child Support $ 0 $ 226,768,641 36,280
398 600-627 Adoption Maintenance/ 36,282
Administration $ 0 $ 267,459,255 36,285
TOTAL FED Federal Special Revenue 36,286
Fund Group $ 0 $2,638,198,723 36,289
State Special Revenue Fund Group 36,292
198 600-647 Children's Trust Fund $ 0 $ 3,238,074 36,297
4A9 600-607 Unemployment 36,299
Compensation Admin
Fund $ 0 $ 13,962,175 36,301
4E3 600-605 Nursing Home 36,303
Assessments $ 0 $ 95,511 36,305
4E7 600-604 Child and Family 36,307
Services Collections $ 0 $ 142,666 36,309
4F1 600-609 Foundation 36,311
Grants/Child and
Family Services $ 0 $ 1,422,569 36,313
4G1 600-610 Interagency 36,315
Agreements $ 0 $ 605,091 36,317
4J5 600-613 Nursing Facility Bed 36,319
Assessments $ 0 $ 32,334,707 36,321
4J5 600-618 Residential State 36,323
Supplement Payments $ 0 $ 14,285,756 36,325
4K1 600-621 ICF/MR Bed 36,327
Assessments $ 0 $ 21,180,717 36,329
4N7 600-670 Wellness Block Grant $ 0 $ 1,000,000 36,333
4R3 600-609 Banking Fees $ 0 $ 592,937 36,337
4V2 600-612 Child Support 36,339
Activities $ 0 $ 124,993 36,341
5A5 600-616 Unemployment Benefit 36,343
Automation $ 0 $ 6,892,757 36,345
787
5E4 600-615 Private Child Care 36,347
Agencies Training $ 0 $ 10,568 36,349
557 600-613 Apprenticeship 36,351
Council Conference $ 0 $ 15,000 36,353
6A7 600-656 Ford Foundation $ 0 $ 63,407 36,357
600 600-603 Third-Party 36,359
Recoveries $ 0 $ 10,369,063 36,361
651 600-649 Hospital Care 36,363
Assurance Program
Fund $ 0 $ 217,786,293 36,365
TOTAL SSR State Special Revenue 36,366
Fund Group $ 0 $ 324,122,284 36,369
Agency Fund Group 36,372
5B6 600-601 Food Stamp Intercept $ 0 $ 5,283,920 36,377
192 600-646 Support Intercept - 36,379
Federal $ 0 $ 70,965,066 36,381
583 600-642 Support 36,383
Intercept-State $ 0 $ 17,175,008 36,385
TOTAL AGY Agency Fund Group $ 0 $ 93,423,994 36,388
Holding Account Redistribution Fund Group 36,391
R12 600-643 Refunds and Audit 36,394
Settlements $ 0 $ 200,000 36,396
R13 600-644 Forgery Collections $ 0 $ 700,000 36,400
TOTAL 090 Holding Account 36,401
Redistribution
Fund Group $ 0 $ 900,000 36,404
TOTAL ALL BUDGET FUND GROUPS $ 0 $10,348,812,828 36,407
Section 58.01. Family Violence Prevention Programs 36,410
The foregoing appropriation item 600-405, Family Violence 36,412
Prevention Programs, may be used to provide grants for county and 36,413
local family violence prevention community education initiatives, 36,414
and to provide funding for domestic violence shelters that the 36,415
Department of Job and Family Services determines are exclusively 36,416
for victims of domestic violence. 36,417
788
Section 58.02. Health Care/Medicaid 36,419
The foregoing appropriation item 600-525, Health 36,421
Care/Medicaid, shall not be limited by the provisions of section 36,422
131.33 of the Revised Code. 36,423
Section 58.03. Community Based Providers 36,425
From the foregoing appropriation item 600-525, Health 36,427
Care/Medicaid, $90,100,000 in fiscal year 2001 shall be used to 36,428
increase reimbursements in accordance with division (B) of 36,429
section 5111.025 of the Revised Code.
Section 58.04. Disability Assistance 36,431
The following schedule shall be used to determine monthly 36,433
grant levels in the Disability Assistance Program effective July 36,434
1, 1999. 36,435
Persons in 36,437
Assistance Group Monthly Grant 36,438
1 $115 36,441
2 159 36,442
3 193 36,443
4 225 36,444
5 251 36,445
6 281 36,446
7 312 36,447
8 361 36,448
9 394 36,449
10 426 36,450
11 458 36,451
12 490 36,452
13 522 36,453
14 554 36,454
For each additional person add 40 36,457
TANF Federal Funds 36,460
Upon the request of the Department of Job and Family 36,462
Services, the Controlling Board may increase appropriations in 36,463
item 600-411, TANF Federal Block Grant, provided sufficient 36,464
789
Federal TANF block grant funds exist to do so, without any 36,465
corresponding decrease in other line items. The department shall 36,466
first provide the Office of Budget and Management with 36,467
documentation to support the need for the increased
appropriation.
Alcohol and Drug Addiction Services Transfer 36,469
No later than July 15, 2000, the Director of Budget and 36,471
Management shall transfer $2,271,424 in appropriation authority 36,472
from appropriation item 600-410, TANF State, to appropriation 36,473
item 038-401, Alcohol and Drug Addiction Services, in the 36,474
Department of Alcohol and Drug Addiction Services. Of the amount 36,475
transferred, $2,000,000 in appropriation authority shall be used 36,476
to provide substance abuse prevention and treatment services to 36,477
children, or their families, whose income is at or below 200 per 36,478
cent of the official income poverty guideline. The remaining 36,479
$271,424 in transferred appropriation authority shall be used to 36,480
fund adolescent youth mentoring programs for children or their 36,481
families whose income is at or below 200 per cent of the income 36,482
official poverty guideline. The Director of the Department of 36,483
Alcohol and Drug Addiction Services and the Director of the 36,484
Department of Job and Family Services shall develop operating and 36,485
reporting guidelines for the program. 36,486
TANF County Incentives 36,488
Of the foregoing appropriation item 600-411, TANF Federal 36,490
Block Grant, the Department of Job and Family Services may 36,491
provide financial incentives to those county departments of human 36,493
services that have exceeded performance standards adopted by the 36,494
state department, and where the board of county commissioners has 36,495
entered into a written agreement with the state department under
section 5101.21 of the Revised Code governing the administration 36,496
of the county department. Any financial incentive funds provided 36,497
pursuant to this division shall be used by the county department 36,498
for additional or enhanced services for families eligible for 36,499
assistance under Chapter 5107. or 5108. of the Revised Code or, 36,500
790
upon request by the county and approval by the Department of Job 36,501
and Family Services, be transferred to the Child Care Development
Fund or the Social Services Block Grant. The county departments 36,502
of human services may retain and expend such funds without regard 36,504
to the state or county fiscal year in which the financial 36,505
incentives were earned or paid. Each county department of human
services shall file an annual report with the state Department of 36,506
Job and Family Services providing detailed information on the 36,507
expenditure of these financial incentives and an evaluation of 36,509
the effectiveness of the county department's use of these funds 36,510
in achieving self-sufficiency for families eligible for
assistance under Chapter 5107. or 5108. of the Revised Code. 36,511
Hamilton Health Care Center 36,513
From the foregoing appropriation item 600-410, TANF State, 36,515
not later than August 1, 2000, the Director of Budget and 36,516
Management shall transfer $100,000 in appropriation authority to 36,517
appropriation item 440-413, Ohio Health Care Policy and Data, in 36,518
the Department of Health. The transferred appropriation
authority shall be used to provide health care services for 36,519
children or their families who reside in Butler County whose 36,520
income is at or below 200 per cent of the official poverty 36,521
guideline.
Individual Development Accounts 36,523
From the foregoing appropriation item 600-410, TANF State, 36,525
or 600-411, TANF Federal Block Grant, or both, up to $1,000,000 36,526
in fiscal year 2001 shall be used to allow county departments of 36,527
human services to make matching contributions to Individual 36,528
Development Accounts that have been established by residents of 36,529
the county.
Human Services Personal Care Assistance 36,531
Not later than August 1, 2000, the Director of Budget and 36,533
Management shall transfer $240,000 cash from appropriation item 36,534
600-410, TANF State, or 600-411, TANF Federal Block Grant, or 36,535
both, to Fund 3T6, appropriation item 415-621, Human Services 36,536
791
Personal Care Assistance, in the Rehabilitation Services 36,537
Commission. The cash transferred shall be used to fund two pilot
projects, one in Franklin County and one in Cuyahoga County, to 36,538
place 25 TANF-eligible persons into jobs as personal care 36,539
assistants.
TANF Family Planning 36,541
The Director of Budget and Management shall transfer, no 36,543
later than July 15, 2000, $250,000 in fiscal year 2001 from 36,544
appropriation item 600-410, TANF State, or 600-411, TANF Federal 36,545
Block Grant, or both, to 440-416, Child and Family Health 36,546
Services to be used for family planning services.
Transfer to Ohio Agricultural Surplus Production Alliance 36,548
Initiative
No later than July 15, 2000, the Director of Budget and 36,550
Management shall transfer $1,000,000 in appropriation authority 36,551
from appropriation item 400-410, TANF State, to Fund 3T8, 36,552
appropriation item 700-621, Ohio Agricultural Surplus Production 36,553
Alliance Initiative, within the Department of Agriculture. The 36,554
moneys shall be used to coordinate the purchase, storage, and 36,555
distribution of surplus commodities provided by growers, 36,556
producers, and processors with the Ohio Association of Second 36,557
Harvest Foodbanks. The moneys shall be used only for the 36,558
purchase, storage, and transportation of these food products, and 36,559
shall not be used for capital construction or the purchase of 36,560
capital goods. No more than $50,000 in fiscal year 2001 may be 36,561
used for administrative expenses. These food products shall be 36,562
provided to TANF eligible individuals. The Director of 36,563
Agriculture and the Director of Job and Family Services shall 36,564
develop operating and reporting guidelines for the program. 36,565
Inner City Youth Opportunities Program 36,567
Of the foregoing appropriation items 600-410, TANF State, 36,569
or 600-411, TANF Federal Block Grant, or both, $75,000 in fiscal 36,570
year 2001, no later than July 15, 2000, shall be distributed to 36,571
the Inner City Youth Opportunities organization of Cincinnati for 36,572
792
the purpose of providing allowable services to TANF-eligible 36,573
individuals, contingent upon determination by the Department of 36,574
Job and Family Services that such services meet TANF 36,575
requirements. The Inner City Youth Opportunities organization 36,576
shall provide reports in accordance with rules developed by the 36,577
Department of Job and Family Services. 36,578
Funding for Emergency Food Distribution Programs 36,580
Of the foregoing appropriation items 600-410, TANF State, 36,582
or 600-411, TANF Federal Block Grant, or both, $1,500,000 in 36,583
fiscal year 2001 shall be used by the Department of Job and 36,584
Family Services to purchase commodities and distribute those 36,585
commodities to supplement the emergency food distribution
programs. No more than $75,000 may be used in fiscal year 2001 36,586
for administrative expenses. Agencies receiving commodities 36,588
under this program shall provide reports in accordance with rules
developed by the Department of Job and Family Services. 36,589
TANF Fatherhood Programs 36,591
From the foregoing appropriation item 600-411, TANF Federal 36,593
Block Grant, up to $5,000,000 in fiscal year 2001 shall be used 36,594
to support local fatherhood programs. Of the foregoing 36,595
$5,000,000, $300,000 in fiscal year 2000 shall be used to 36,596
establish Fatherhood Commission.
TANF Adult Literacy and Child Reading Programs 36,598
From the foregoing appropriation item 600-411, TANF Federal 36,600
Block Grant, up to $5,000,000 in fiscal year 2000 shall be used 36,601
to support local adult literacy and child reading programs. 36,602
Single Allocation for County Departments of Human Services 36,604
Using the foregoing appropriation items 600-504, Non-TANF 36,606
County Administration; 600-610, Food Stamps and State 36,607
Administration; 600-410, TANF State; 600-411, TANF Federal Block 36,609
Grant; 600-620, Social Services Block Grant; 600-552, County 36,610
Social Services; 600-413, Day Care Match/Maintenance of Effort; 36,611
600-617, Day Care Federal; 600-534, Adult Protective Services; 36,612
and 600-614, Refugees Services, the Department of Job and Family 36,613
793
Services may establish a single allocation for county departments 36,614
of human services that are subject to a partnership agreement 36,615
between a board of county commissioners and the department. The 36,616
county department is not required to use all the money from one 36,617
or more of the foregoing appropriation items listed in this 36,618
paragraph for the purpose the specific appropriation item is made 36,619
so long as the county department uses the money for a purpose at 36,620
least one of the other of those foregoing appropriation items is 36,621
made. The county department may not use the money in the 36,622
allocation for a purpose other than a purpose any of those 36,623
foregoing appropriation items are made. If the spending 36,624
estimates used in establishing the single allocation are not 36,625
realized and the county department uses money in one or more of 36,626
those foregoing appropriation items in a manner for which federal 36,627
financial participation is not available, the department shall 36,628
use state funds available in one or more of those foregoing 36,629
appropriation items to ensure that the county department receives 36,630
the full amount of its allocation. The single allocation is the 36,631
maximum amount the county department shall receive from those 36,632
foregoing appropriation items. 36,633
Reports on Interagency Transfers 36,635
With regard to the foregoing appropriation item 600-655, 36,637
Interagency Reimbursement, the Department of Job and Family 36,638
Services shall provide the Legislative Budget Office of the 36,639
Legislative Service Commission with a report each month that 36,641
details interagency transfers through the appropriation item.
The reports shall break down transfers by agency and 36,642
appropriation item to which transfers are made. Transfers shall 36,643
further be broken down by source of federal funds, including 36,644
federal program number (as shown in the Catalog of Federal 36,645
Domestic Assistance), grant number, and department reporting 36,646
category number. In addition, transfers of Medicaid dollars 36,647
shall be grouped between reimbursement for services and 36,648
administrative costs. Reports shall be provided to the 36,649
794
Legislative Budget Office of the Legislative Service Commission 36,650
within two weeks after the end of the month.
Section 58.05. Hospital Care Assurance Assessment Match 36,652
Fund
Appropriation item 600-650, Hospital Care Assurance 36,654
Assessment Match, shall be used by the Department of Job and 36,655
Family Services to receive and distribute funds in connection 36,656
with the Hospital Care Assurance Program. 36,657
Section 58.06. Transfer of Funds 36,659
The Ohio Department of Job and Family Services shall 36,661
transfer through intrastate transfer vouchers, cash from State 36,662
Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, 36,664
Home and Community-Based Services, in the Ohio Department of 36,665
Mental Retardation and Developmental Disabilities. The sum of 36,666
the transfers shall be equal to the amounts appropriated in 36,667
fiscal year 2001 in appropriation item 322-604, Waiver - Match. 36,668
The transfer may occur on a quarterly basis or on a schedule 36,669
developed and agreed to by both departments. 36,670
The Ohio Department of Job and Family Services shall 36,672
transfer, through intrastate transfer vouchers, cash from the 36,673
State Special Revenue Fund 4J5, Home and Community-Based Services 36,674
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 36,675
Aging. The sum of the transfers shall be equal to the amount 36,676
appropriated in fiscal year 2001 in appropriation item 490-610, 36,677
PASSPORT/Residential State Supplement. The transfer may occur on 36,678
a quarterly basis or on a schedule developed and agreed to by 36,679
both departments.
Transfers of IMD/DSH Cash 36,681
The Department of Job and Family Services shall transfer, 36,683
through intrastate transfer voucher, cash from fund 5C9, Medicaid 36,685
Program Support, to the Department of Mental Health's Fund 4X5, 36,686
OhioCare, in accordance with an interagency agreement which 36,687
delegates authority from the Department of Job and Family 36,688
Services to the Department of Mental Health to administer
795
specified Medicaid services. 36,689
The Director of Budget and Management shall transfer cash 36,691
from the Department of Job and Family Services, fund 5C9, 36,692
Medicaid Program Support, in the amount of $2,000,000 in fiscal 36,693
year 2001 to the Department of Health's Health Services Fund, 36,694
Fund 5E1.
Transfer from the Children's Trust Fund to the Wellness 36,696
Block Grant Fund
The Director of Budget and Management shall transfer 36,698
$1,000,000 in fiscal year 2001 from Fund 198, Children's Trust 36,700
Fund, to Fund 4N7, Wellness Block Grant, within the Department of 36,701
Job and Family Services' budget.
Foster Care Liability Coverage 36,703
On behalf of public children services agencies and in 36,705
consultation with the Department of Insurance and the Office of 36,706
State Purchasing, the Department of Job and Family Services may 36,707
seek and accept proposals for a uniform and statewide insurance 36,708
policy to indemnify foster parents for personal injury and
property damage suffered by them due to the care of a foster 36,710
child. Premiums for such a policy shall be the sole 36,711
responsibility of each public children services agency that 36,712
agrees to purchase the insurance policy.
Protective Services Incentive Funding 36,714
Notwithstanding the formula in section 5101.14 of the 36,716
Revised Code, from the foregoing appropriation item 600-527, 36,717
Child Protective Services, the Department of Job and Family 36,718
Services may use no more than $6.5 million in fiscal year 2001 as 36,719
incentive funding for public children services agencies to 36,720
promote innovative practice standards and efficiencies in service 36,721
delivery. The department shall develop a process for the release 36,722
of these funds and may adopt rules in accordance with section 36,723
111.15 of the Revised Code governing the distribution, release, 36,724
and use of these funds.
Of the foregoing appropriation item 600-527, Child 36,726
796
Protective Services, up to $1,500,000 in fiscal year 2001 may be 36,727
used by the Department of Job and Family Services to provide 36,728
incentive funding for county public children services agencies. 36,729
Of this amount, the county public children agencies can use
$125,000 to pursue accreditation by the Child Welfare League of 36,730
America.
Of the foregoing appropriation item 600-527, Child 36,732
Protective Services, $5,000,000 in fiscal year 2001 shall be used 36,733
for the implementation of the federal Adoption and Safe Families 36,734
Act of 1997.
Statewide Automated Child Welfare Information System 36,736
Of the foregoing appropriation item 400-416, Computer 36,738
Projects, in fiscal year 2001, $10,000,000 shall be used for the 36,739
development and implementation of the Statewide Automated Child 36,740
Welfare Information System (SACWIS). 36,741
Day Care/Head Start Collaborations 36,743
The Department of Job and Family Services and the county 36,745
departments of human services shall work to develop collaborative 36,746
efforts between Head Start and child care providers. The 36,747
Department of Job and Family Services may use the foregoing 36,748
appropriation items 600-413, Day Care Match/Maintenance of 36,749
Effort, and 600-617, Day Care Federal, to support collaborative 36,750
efforts between Head Start and child day-care centers. 36,751
Adoption Assistance 36,753
Of the foregoing appropriation item 600-528, State Adoption 36,756
Services, not more than $3,700,000 in fiscal year 2001 shall be
used in support of post finalization adoption services offered 36,757
pursuant to section 5153.163 of the Revised Code. The Department 36,759
of Job and Family Services shall adopt rules and procedures
pursuant to section 111.15 of the Revised Code to set payment 36,760
levels and limit eligibility for post finalization adoption 36,761
services as necessary to limit program expenditures to the 36,762
amounts set forth in this section, based on factors including, 36,763
but not limited to, any or all of the following: type, or 36,764
797
extent, of the adopted child's disability or special need; and 36,765
resources available to the adoptive family to meet the child's 36,767
service needs.
Child Support Collections/TANF MOE 36,769
The foregoing appropriation item 600-658, Child Support 36,771
Collections, shall be used by the Department of Job and Family 36,772
Services to meet the TANF maintenance of effort requirements of 36,773
Pub. L. No. 104-193. After the state has met the maintenance of 36,775
effort requirement, the Department of Job and Family Services may 36,776
use funds from appropriation item 600-658 to support public
assistance activities. 36,777
Private Child Care Agencies Training 36,779
The foregoing appropriation item 600-615, Private Child 36,781
Care Agencies Training, shall be used by the Department of Job 36,782
and Family Services to provide the state match for federal Title 36,783
IV-E training dollars for private child placing agencies and 36,784
private noncustodial agencies. Revenues shall consist of moneys 36,785
derived from fees established under section 5101.143 of the 36,787
Revised Code and paid by private child placing agencies and 36,788
private noncustodial agencies.
Transfer for Lead Assessments 36,790
Of the foregoing appropriation item 600-525, Health 36,792
Care/Medicaid, the Department of Job and Family Services may 36,793
transfer funds from the General Revenue Fund to the General 36,794
Operations Fund (Fund 142) of the Department of Health. Transfer 36,795
of the funds shall be made through intrastate transfer voucher 36,796
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 36,797
Medicaid Healthcheck recipients. 36,798
Medicaid Program Support Fund - State 36,800
The foregoing appropriation item 600-671, Medicaid Program 36,802
Support, shall be used by the Department of Job and Family 36,803
Services to pay for Medicaid services and contracts. 36,804
Holding Account Redistribution Group 36,806
798
The foregoing appropriation items 600-643 and 600-644, 36,808
Holding Account Redistribution Fund Group, shall be used to hold 36,809
revenues until they are directed to the appropriate accounts or 36,810
until they are refunded. If it is determined that additional 36,811
appropriation authority is necessary, such amounts are hereby 36,812
appropriated.
Agency Fund Group 36,814
The Agency Fund Group shall be used to hold revenues until 36,817
the appropriate fund is determined or until they are directed to 36,818
the appropriate governmental agency other than the Department of 36,819
Job and Family Services. If it is determined that additional 36,821
appropriation authority is necessary, such amounts are hereby
appropriated. 36,822
Section 58.07. Adoptive Placement Payments 36,824
The foregoing appropriation item 600-427, Child & Family 36,826
Services Activities, may be used to make payments pursuant to 36,827
agreements entered into under section 5103.12 of the Revised 36,828
Code. 36,829
Consolidation of State Grants 36,831
With the consent of a county, the Department of Job and 36,833
Family Services may combine into a single and consolidated grant 36,834
of state aid, funds that would otherwise be provided to that 36,835
county pursuant to the operation of section 5101.14 of the 36,836
Revised Code and other funds that would otherwise be provided to 36,837
that county for the purpose of providing kinship care. In fiscal 36,838
year 2001, the grant shall also include unspent funds remaining 36,839
from any grant provided to the county under this section in 36,840
fiscal year 2000.
Funds contained in any such consolidation grant shall not 36,842
be subject to either statutory or administrative rules which 36,843
would otherwise govern allowable uses from such funds, except 36,844
that such funds shall continue to be used by the county to meet 36,845
the expenses of its children services program. Funds contained 36,846
in any consolidation grant shall be paid to each county within 36,847
799
thirty days after the beginning of each calendar quarter. Funds 36,848
provided to a county under this section shall be deposited in the 36,850
children services fund, established in section 5101.143 of the 36,851
Revised Code, and shall be used for no other purpose than to meet 36,852
the expenses of the children services program. Within ninety 36,853
days after the end of fiscal year 2001, each county shall return 36,854
to the Department of Job and Family Services any unspent balance
in the consolidated grant, unless this section is renewed for a 36,855
subsequent period of time. 36,856
Section 58.08. Administration Support Services 36,858
The Department of Job and Family Services may assess 36,860
programs of the department for the cost of administration, 36,861
support, and technical services. Such an assessment shall be 36,862
based upon a plan submitted to and approved by the Office of 36,863
Budget and Management by the first day of August of each fiscal
year and shall contain the characteristics of administrative ease 36,864
and uniform application. A program's payments shall be 36,865
transferred via intrastate transfer voucher to the Unemployment 36,866
Compensation Administration Fund (Fund 331). 36,867
Employer Surcharge 36,869
The surcharge and the interest on the surcharge amounts due 36,871
for calendar years 1988 and 1989 as required by Am. Sub. H.B. 171 36,872
of the 117th General Assembly and Am. Sub. H.B. 111 of the 118th 36,873
General Assembly shall be assessed, collected, accounted for, and 36,874
made available to the Department of Job and Family Services in 36,875
the same manner as are the surcharge and interest amounts
pursuant to section 4141.251 of the Revised Code. 36,876
Section 59. JCO JUDICIAL CONFERENCE OF OHIO 36,878
General Revenue Fund 36,880
GRF 018-321 Operating Expenses $ 1,020,000 $ 1,080,000 36,885
TOTAL GRF General Revenue Fund $ 1,020,000 $ 1,080,000 36,888
General Services Fund Group 36,891
403 018-601 Ohio Jury 36,894
Instructions $ 180,000 $ 180,000 36,896
800
TOTAL GSF General Services 36,897
Fund Group $ 180,000 $ 180,000 36,900
TOTAL ALL BUDGET FUND GROUPS $ 1,200,000 $ 1,260,000 36,903
Ohio Jury Instructions Fund 36,906
The Ohio Jury Instructions Fund (Fund 403) shall consist of 36,908
grants, royalties, dues, conference fees, bequests, devises, and 36,909
other gifts received for the purpose of supporting costs incurred 36,910
by the Judicial Conference of Ohio in dispensing education and 36,911
informational data to the state's judicial system. Fund 403 36,913
shall be used by the Judicial Conference of Ohio to pay expenses 36,914
incurred in dispensing educational and informational data to the 36,915
state's judicial system. All moneys accruing to Fund 403 in 36,916
excess of $180,000 in fiscal year 2000 and in excess of $180,000 36,917
in fiscal year 2001 are hereby appropriated for the purposes 36,918
authorized.
No money in the Ohio Jury Instructions Fund shall be 36,920
transferred to any other fund by the Director of Budget and 36,921
Management or the Controlling Board. 36,922
Section 60. JSC THE JUDICIARY/SUPREME COURT 36,924
General Revenue Fund 36,926
GRF 005-321 Operating Expenses - 36,928
Judiciary $ 84,146,536 $ 85,597,403 36,930
GRF 005-401 State Criminal 36,932
Sentencing Council $ 363,182 $ 363,568 36,934
GRF 010-321 Operating Expenses - 36,936
Supreme Court $ 9,342,738 $ 9,377,229 36,938
GRF 010-401 Law-Related Education $ 197,163 $ 203,077 36,942
TOTAL GRF General Revenue Fund $ 94,049,619 $ 95,541,277 36,945
General Services Fund Group 36,947
6A2 005-602 Dispute Resolution $ 36,050 $ 37,132 36,952
672 005-601 Continuing Judicial 36,954
Education $ 231,750 $ 238,703 36,956
TOTAL GSF General Services 36,957
Fund Group $ 267,800 $ 275,835 36,960
801
State Special Revenue Fund Group 36,963
4C8 010-603 Attorney Registration $ 1,745,355 $ 1,735,424 36,968
6A8 010-602 Supreme Court 36,970
Admissions $ 812,601 $ 821,061 36,972
643 010-601 Commission on 36,974
Continuing Legal
Education $ 250,000 $ 239,999 36,976
TOTAL SSR State Special Revenue 36,977
Fund Group $ 2,807,956 $ 2,796,484 36,980
Federal Special Revenue Fund Group 36,982
3J0 005-603 Federal Grants $ 781,468 $ 816,405 36,987
TOTAL FED Federal Special 36,988
Revenue Fund Group $ 781,468 $ 816,405 36,991
TOTAL ALL BUDGET FUND GROUPS $ 97,906,843 $ 99,430,001 36,997
Law-Related Education 37,000
The foregoing appropriation item 010-401, Law-Related 37,002
Education, shall be distributed directly to the Ohio Center for 37,003
Law-Related Education for the purposes of providing continuing 37,004
citizenship education activities to primary and secondary 37,005
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and 37,006
private money for new programs. 37,008
Dispute Resolution 37,010
The Dispute Resolution Fund (Fund 6A2) shall consist of 37,012
grants and other moneys awarded to promote alternative dispute 37,013
resolution in the Ohio courts and deposited into the Dispute 37,014
Resolution Fund pursuant to the Rules for the Government of the 37,015
Bar of Ohio. The foregoing appropriation item 005-602, Dispute 37,016
Resolution, shall promote alternative dispute resolution programs 37,017
in the Ohio courts and be used for the education of judges, 37,018
attorneys, and other court personnel in dispute resolution 37,019
concepts. If it is determined by the Administrative Director of 37,020
the Supreme Court that additional appropriations are necessary, 37,021
the amounts are hereby appropriated. 37,022
802
No money in the Dispute Resolution Fund shall be 37,024
transferred to any other fund by the Director of Budget and 37,025
Management or the Controlling Board. Interest earned on moneys 37,026
in the Dispute Resolution Fund shall be credited to the fund. 37,027
Continuing Judicial Education 37,029
The Continuing Judicial Education Fund (Fund 672) shall 37,031
consist of fees paid by judges and court personnel for attending 37,033
continuing education courses and other gifts and grants received 37,035
for the purpose of continuing judicial education. The foregoing 37,036
appropriation item 005-601, Continuing Judicial Education, shall 37,037
be used to pay expenses for continuing education courses for 37,038
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional 37,039
appropriations are necessary, the amounts are hereby 37,040
appropriated.
No money in the Continuing Judicial Education Fund shall be 37,042
transferred to any other fund by the Director of Budget and 37,043
Management or the Controlling Board. Interest earned on moneys 37,044
in the Continuing Judicial Education Fund shall be credited to 37,045
the fund. 37,046
Attorney Registration 37,048
In addition to funding other activities considered 37,050
appropriate by the Supreme Court, the foregoing appropriation 37,051
item 010-603, Attorney Registration, may be used to compensate 37,052
employees and fund the appropriate activities of the following 37,053
offices established by the Supreme Court pursuant to the Rules
for the Government of the Bar of Ohio: the Office of 37,054
Disciplinary Counsel, the Board of Commissioners on Grievances 37,055
and Discipline, the Clients' Security Fund, the Board of 37,056
Commissioners on the Unauthorized Practice of Law, and the Office 37,057
of Attorney Registration. If it is determined by the
Administrative Director of the Supreme Court that additional 37,058
appropriations are necessary, the amounts are hereby 37,059
appropriated.
803
No moneys in the Attorney Registration Fund shall be 37,061
transferred to any other fund by the Director of Budget and 37,062
Management or the Controlling Board. Interest earned on moneys 37,063
in the Attorney Registration Fund shall be credited to the fund. 37,064
Supreme Court Admissions 37,066
The foregoing appropriation item 010-602, Supreme Court 37,068
Admissions, shall be used to compensate Supreme Court employees 37,069
who are primarily responsible for administering the attorney 37,070
admissions program, pursuant to the Rules for the Government of 37,071
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the 37,072
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme 37,073
Court Rules for the Government of the Bar of Ohio. If it is 37,074
determined by the Administrative Director of the Supreme Court 37,075
that additional appropriations are necessary, the amounts are 37,076
hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be 37,078
transferred to any other fund by the Director of Budget and 37,079
Management or the Controlling Board. Interest earned on moneys 37,080
in the Supreme Court Admissions Fund shall be credited to the 37,081
fund.
Continuing Legal Education 37,083
The foregoing appropriation item 010-601, Commission on 37,085
Continuing Legal Education, shall be used to compensate employees 37,086
of the Commission on Continuing Legal Education, established 37,087
pursuant to the Supreme Court Rules for the Government of the Bar 37,088
of Ohio, and to fund other activities of the commission 37,089
considered appropriate by the court. If it is determined by the
Administrative Director of the Supreme Court that additional 37,090
appropriations are necessary, the amounts are hereby 37,091
appropriated.
No moneys in the Continuing Legal Education Fund shall be 37,093
transferred to any other fund by the Director of Budget and 37,094
Management or the Controlling Board. Interest earned on moneys 37,095
804
in the Continuing Legal Education Fund shall be credited to the 37,096
fund.
Federal Miscellaneous 37,098
The Federal Miscellaneous Fund (3J0) shall consist of 37,100
grants and other moneys awarded to the Supreme Court of Ohio (The 37,101
Judiciary) by the United States Government, the State Justice 37,102
Institute, or other entities that receive the moneys directly 37,103
from the United States Government or the State Justice Institute 37,104
and distribute those moneys to the Supreme Court of Ohio (The
Judiciary). The foregoing appropriation item 005-603, Federal 37,105
Grants, shall be used in a manner consistent with the purpose of 37,106
the grant or award. If it is determined by the Administrative 37,107
Director of the Supreme Court that additional appropriations are 37,108
necessary, the amounts are hereby appropriated.
No money in the Federal Miscellaneous Fund shall be 37,110
transferred to any other fund by the Director of Budget and 37,111
Management or the Controlling Board. However, interest earned on 37,112
moneys in the Federal Miscellaneous Fund on or after July 1, 37,113
1995, shall be credited or transferred to the General Revenue
Fund. 37,114
Section 61. LEC LAKE ERIE COMMISSION 37,116
State Special Revenue Fund Group 37,118
4C0 780-601 Lake Erie Protection 37,121
Fund $ 998,400 $ 1,022,362 37,123
5D8 780-602 Lake Erie Resources 37,125
Fund $ 588,759 $ 602,889 37,127
TOTAL SSR State Special Revenue 37,128
Fund Group $ 1,587,159 $ 1,625,251 37,131
TOTAL ALL BUDGET FUND GROUPS $ 1,587,159 $ 1,625,251 37,134
Section 62. LRS LEGAL RIGHTS SERVICE 37,137
General Revenue Fund 37,139
GRF 054-100 Personal Services $ 331,826 $ 327,673 37,144
GRF 054-200 Maintenance $ 48,998 $ 50,174 37,148
GRF 054-300 Equipment $ 2,680 $ 2,744 37,152
805
GRF 054-401 Ombudsman $ 382,659 $ 379,363 37,156
TOTAL GRF General Revenue Fund $ 766,163 $ 759,954 37,159
General Services Fund Group 37,162
416 054-601 Gifts and Donations $ 1,256 $ 1,291 37,167
TOTAL GSF General Services 37,168
Fund Group $ 1,256 $ 1,291 37,171
Federal Special Revenue Fund Group 37,174
3B8 054-603 Protection and 37,177
Advocacy - Mentally
Ill $ 706,422 $ 706,422 37,179
3N3 054-606 Protection and 37,181
Advocacy - Individual
Rights $ 334,739 $ 334,739 37,183
3N9 054-607 Assistive Technology $ 83,000 $ 83,000 37,187
3R9 054-604 Family Support 37,189
Collaborative $ 200,000 $ 200,000 37,191
3T2 054-609 Client Assistance 37,193
Program $ 380,000 $ 380,000 37,195
305 054-602 Protection and 37,197
Advocacy -
Developmentally
Disabled $ 1,059,481 $ 1,059,481 37,199
TOTAL FED Federal Special Revenue 37,200
Fund Group $ 2,763,642 $ 2,763,642 37,203
TOTAL ALL BUDGET FUND GROUPS $ 3,531,061 $ 3,524,887 37,206
Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE 37,209
General Revenue Fund 37,211
GRF 028-321 Legislative Ethics 37,214
Committee $ 551,500 $ 569,400 37,216
TOTAL GRF General Revenue Fund $ 551,500 $ 569,400 37,219
State Special Revenue Fund Group 37,222
4G7 028-601 Joint Legislative 37,225
Ethics Commitee $ 60,000 $ 50,000 37,227
806
TOTAL SSR State Special Revenue $ 60,000 $ 50,000 37,230
Fund
TOTAL ALL BUDGET FUND GROUPS $ 611,500 $ 619,400 37,233
Section 64. LSC LEGISLATIVE SERVICE COMMISSION 37,236
General Revenue Fund 37,238
GRF 035-321 Operating Expenses $ 8,016,725 $ 8,500,000 37,243
GRF 035-402 Legislative Interns $ 840,000 $ 890,000 37,247
GRF 035-403 Legislative Budget 37,249
Office $ 2,672,000 $ 2,752,000 37,251
GRF 035-404 Legislative Office of 37,253
Education Oversight $ 1,001,995 $ 1,022,423 37,255
GRF 035-405 Correctional 37,257
Institution
Inspection Committee $ 470,000 $ 495,000 37,259
GRF 035-406 ATMS Replacement 37,261
Project $ 90,000 $ 90,000 37,263
GRF 035-407 Legislative Task 37,265
Force on
Redistricting $ 2,000,000 $ 2,000,000 37,267
GRF 035-409 National Associations $ 392,674 $ 405,717 37,271
GRF 035-410 Legislative 37,273
Information Systems $ 5,260,000 $ 4,265,000 37,275
TOTAL GRF General Revenue Fund $ 20,743,394 $ 20,420,140 37,278
General Services Fund Group 37,281
4F6 035-603 Legislative Budget 37,284
Services $ 140,000 $ 144,000 37,286
410 035-601 Sale of Publications $ 25,000 $ 25,000 37,290
TOTAL GSF General Services 37,291
Fund Group $ 165,000 $ 169,000 37,294
TOTAL ALL BUDGET FUND GROUPS $ 20,908,394 $ 20,589,140 37,297
ATMS Replacement Project 37,300
Of the foregoing appropriation item 035-406, ATMS 37,302
Replacement Project, any amounts not used for the ATMS project 37,303
may be used to pay the operating expenses of the Legislative 37,304
807
Service Commission. 37,305
National Associations 37,307
Of the foregoing appropriation item 035-409, National 37,309
Associations, $8,000 in each fiscal year shall be used for the 37,311
State and Local Legal Center.
Legislative Office of Education Oversight 37,313
The foregoing appropriation item 035-404, Legislative 37,315
Office of Education Oversight, shall be used to support the 37,316
legislative oversight activities of the Legislative Committee on 37,317
Education Oversight established in section 3301.68 of the Revised 37,318
Code. 37,319
Section 103.141 Report 37,321
Notwithstanding section 103.141 of the Revised Code, the 37,324
Legislative Budget Office of the Legislative Service Commission
may submit the estimates required by that section for calendar 37,325
years 1996 and 1997 in October 2000. 37,326
LBO Child Care Study 37,328
The Legislative Budget Office of the Legislative Service 37,330
Commission (LBO) shall undertake a study of publicly funded child 37,331
care payment procedures and make recommendations regarding the 37,332
feasibility and the potential for development of a cost-based 37,333
prospective payment system. Any prospective payment system 37,334
should provide for predictability and stability of payment and
should take into consideration facility costs and training costs. 37,335
LBO shall report its findings to the Speaker of the House of 37,336
Representatives, President of the Senate, and the Governor no 37,337
later than July 1, 2000.
Section 65. LIB STATE LIBRARY BOARD 37,339
General Revenue Fund 37,341
GRF 350-100 Personal Services $ 5,329,439 $ 5,270,958 37,346
GRF 350-200 Maintenance $ 2,087,742 $ 1,728,248 37,350
GRF 350-300 Equipment $ 1,966,322 $ 579,914 37,354
GRF 350-400 Ohio Public Library 37,356
Information Network $ 5,712,486 $ 5,854,002 37,358
808
GRF 350-501 Cincinnati Public 37,360
Library $ 751,887 $ 769,932 37,362
GRF 350-502 Regional Library 37,364
Systems $ 1,871,151 $ 1,926,769 37,366
GRF 350-503 Cleveland Public 37,368
Library $ 1,140,923 $ 1,164,705 37,369
GRF 350-505 Netwellness $ 750,000 $ 750,000 37,373
TOTAL GRF General Revenue Fund $ 19,609,950 $ 18,044,528 37,376
General Services Fund Group 37,379
139 350-602 Intra-Agency Service 37,382
Charges $ 28,123 $ 28,911 37,384
459 350-602 Interlibrary Service 37,386
Charges $ 774,564 $ 781,280 37,388
TOTAL GSF General Services 37,389
Fund Group $ 802,687 $ 810,191 37,392
Federal Special Revenue Fund Group 37,395
313 350-601 LSTA Federal $ 5,163,542 $ 5,163,542 37,400
TOTAL FED Federal Special Revenue 37,401
Fund Group $ 5,163,542 $ 5,163,542 37,404
TOTAL ALL BUDGET FUND GROUPS $ 25,576,179 $ 24,018,261 37,407
Maintenance 37,410
Of the foregoing appropriation item, 350-200, Maintenance, 37,412
$400,000 in fiscal year 2000 shall be used to fund the relocation 37,413
of the State Library from the State Departments Building. 37,414
Equipment 37,416
Of the foregoing appropriation item, 350-300, Equipment, 37,418
$1,400,000 in fiscal year 2000 shall be used to fund the 37,419
relocation of the State Library from the State Departments 37,420
Building.
Ohio Public Library Information Network 37,422
The foregoing appropriation item 350-400, Ohio Public 37,424
Library Information Network, shall be used for an information 37,425
telecommunications network linking public libraries in the state 37,426
and such others as may be certified as participants by the Ohio 37,427
809
Public Library Information Network Board. 37,428
The Ohio Public Library Information Network Board shall 37,432
consist of eleven members appointed by the State Library Board 37,433
from among the staff of public libraries and past and present 37,434
members of boards of trustees of public libraries, based on the 37,435
recommendations of the Ohio library community. The Ohio Public 37,436
Library Information Network Board in consultation with the State 37,437
Library shall develop a plan of operations for the network. The 37,438
Board shall have the authority to make decisions regarding the 37,439
use of the foregoing appropriation item 350-400, Ohio Public 37,440
Library Information Network, and to receive and expend grants to 37,441
carry out the operations of the network in accordance with state 37,442
law and the authority to appoint and fix the compensation of a 37,444
director and necessary staff. The State Library will be the 37,445
fiscal agent for the network and shall have fiscal accountability 37,446
for the expenditure of funds. The Ohio Public Library
Information Network Board members shall be reimbursed for actual 37,447
travel and necessary expenses incurred in the carrying out of 37,448
their responsibilities.
In order to limit access to obscene and illegal materials 37,450
through internet use at Ohio Public Library Information Network 37,451
(OPLIN) terminals, local libraries with OPLIN computer terminals 37,452
shall adopt policies that control access to obscene and illegal 37,453
materials. These policies may include use of technological 37,455
systems to select or block certain internet access. The OPLIN 37,456
shall condition provision of its funds, goods, and services on 37,457
compliance with these policies. The OPLIN board shall also adopt 37,458
and communicate specific recommendations to local libraries on 37,459
methods to control such improper usage. These methods may 37,460
include each library implementing a written policy controlling 37,462
such improper use of library terminals and requirements for
parental involvement or written authorization for juvenile 37,463
internet usage.
Of the foregoing appropriation item 350-400, Ohio Public 37,465
810
Library Information Network, up to $66,000 in fiscal year 2000 37,466
and up to $72,000 in fiscal year 2001 shall be used to help local 37,467
libraries purchase filters to screen out obscene and illegal 37,468
internet materials. 37,469
The OPLIN board shall research and assist or advise local 37,471
libraries with emerging technologies and methods that may be 37,472
effective means to control access to obscene and illegal 37,474
materials. On October 1, 1999, and biannually thereafter, the 37,475
OPLIN Executive Director shall provide written reports to the 37,476
Governor, the Speaker of the House of Representatives, and the 37,477
President of the Senate on any steps being taken by OPLIN and 37,478
public libraries in this state to limit and control such improper
usage as well as information on technological, legal, and law 37,480
enforcement trends nationally and internationally affecting this 37,481
area of public access and service. 37,482
The Ohio Public Library Information Network, InfOhio, and 37,484
OhioLink shall, to the extent feasible, coordinate and cooperate 37,485
in their purchase or other acquisition of the use of electronic 37,486
databases for their respective users and shall contribute funds 37,487
in an equitable manner to such effort.
Regional Library Systems 37,489
Of the foregoing appropriation item 350-502, Regional 37,491
Library Systems, $1,009,881 in fiscal year 2000 and $1,044,829 in 37,492
fiscal year 2001 shall be used to replace federal dollars that 37,493
will be eliminated due to the expiration of the Library Services 37,494
and Construction Act (LSCA).
Netwellness 37,496
The foregoing appropriation item 350-505, Netwellness, 37,498
shall be used to fund the Netwellness program, a joint venture of 37,499
the University of Cincinnati, Case Western Reserve University, 37,500
and The Ohio State University.
Section 66. LCO LIQUOR CONTROL COMMISSION 37,502
Liquor Control Fund Group 37,504
043 970-321 Operating Expenses $ 656,322 $ 671,416 37,509
811
TOTAL LCF Liquor Control Fund $ 656,322 $ 671,416 37,512
Group
TOTAL ALL BUDGET FUND GROUPS $ 656,322 $ 671,416 37,515
Section 67. MED STATE MEDICAL BOARD 37,518
General Services Fund Group 37,520
5C6 883-609 State Medical Board 37,523
Operating $ 5,891,825 $ 5,861,245 37,525
TOTAL GSF General Services 37,526
Fund Group $ 5,891,825 $ 5,861,245 37,529
TOTAL ALL BUDGET FUND GROUPS $ 5,891,825 $ 5,861,245 37,532
Section 68. DMH DEPARTMENT OF MENTAL HEALTH 37,535
Division of General Administration Intragovernmental Service Fund 37,537
Group 37,538
151 235-601 General 37,541
Administration $ 72,523,765 $ 74,161,226 37,543
TOTAL ISF Intragovernmental $ 72,523,765 $ 74,161,226 37,546
Service Fund Group
Division of Mental Health-- 37,548
Psychiatric Services to Correctional Facilities 37,549
General Revenue Fund 37,551
GRF 332-401 Forensic Services $ 4,206,155 $ 4,395,782 37,556
TOTAL GRF General Revenue Fund $ 4,206,155 $ 4,395,782 37,559
TOTAL ALL BUDGET FUND GROUPS $ 76,729,920 $ 78,557,008 37,562
Forensic Services 37,565
The foregoing appropriation item 322-401, Forensic 37,567
Services, shall be used to provide psychiatric services to courts 37,569
of common pleas. The appropriation shall be allocated through 37,570
community mental health boards to certified community agencies 37,571
and shall be distributed according to the criteria delineated in 37,572
Rule 5122:4-1-01 of the Administrative Code. These community 37,573
forensic funds may also be used to provide forensic training to 37,574
community mental health boards and to forensic psychiatry 37,575
residency programs in hospitals operated by the Department of 37,576
Mental Health and to provide evaluations of patients of forensic 37,577
812
status in facilities operated by the Department of Mental Health 37,578
prior to conditional release to the community. 37,579
In addition, appropriation item 332-401 may be used to 37,581
support projects involving mental health, substance abuse, 37,582
courts, and law enforcement to identify and develop appropriate 37,583
alternative services to institutionalization for non-violent 37,584
mentally ill offenders, and to provide linkage to community 37,585
services for severely mentally disabled offenders released from 37,587
institutions operated by the Department of Rehabilitation and 37,590
Correction. Funds may also be utilized to provide forensic 37,591
monitoring and tracking in addition to community programs serving 37,593
persons of forensic status on conditional release or probation. 37,594
Diversion Linkage Projects 37,596
Any cash transferred from the Department of Rehabilitation 37,598
and Correction Community Mental Health and Substance Abuse 37,599
Treatment Fund (Fund 4J3) and from the Department of Youth 37,600
Services Community Mental Health and Substance Abuse Treatment 37,601
Fund (Fund 4J7) to the Department of Mental Health (Fund 149)
shall be used by the Department of Mental Health to fund existing 37,602
county Diversion Linkage projects which provide alternative 37,603
services to institutionalization for non-violent mentally ill 37,604
offenders. The amount of the transfer is hereby appropriated. 37,605
Division of Mental Health-- 37,606
Administration and Statewide Programs 37,607
General Revenue Fund 37,609
GRF 333-100 Personal Services - 37,612
Central
Administration $ 18,585,795 $ 17,027,859 37,614
GRF 333-200 Maintenance - Central 37,616
Administration $ 2,378,563 $ 2,348,974 37,618
GRF 333-300 Equipment - Central 37,620
Administration $ 1,004,165 $ 506,598 37,622
GRF 333-402 Resident Trainees $ 1,490,174 $ 1,519,977 37,626
813
GRF 333-403 Pre-Admission 37,628
Screening Expenses $ 645,750 $ 658,665 37,630
GRF 333-415 Rental Payments OPFC $ 30,000,000 $ 28,600,000 37,634
GRF 333-416 Research Program 37,636
Evaluation $ 958,606 $ 984,933 37,638
TOTAL GRF General Revenue Fund $ 55,063,053 $ 51,647,006 37,641
General Services Fund Group 37,644
149 333-609 Central Office Rotary 37,647
- Operating $ 1,122,727 $ 1,135,684 37,649
TOTAL General Services Fund Group $ 1,122,727 $ 1,135,684 37,652
Federal Special Revenue Fund Group 37,655
3A7 333-612 Social Services Block 37,658
Grant $ 25,000 $ 25,000 37,660
3A8 333-613 Federal Grant - 37,662
Administration $ 24,880 $ 24,880 37,664
3A9 333-614 Mental Health Block 37,666
Grant $ 644,212 $ 644,212 37,668
3B1 333-635 Community Medicaid 37,670
Expansion $ 4,465,264 $ 4,465,264 37,672
324 333-605 Medicaid/Medicare $ 150,000 $ 150,000 37,676
TOTAL Federal Special Revenue 37,677
Fund Group $ 5,309,356 $ 5,309,356 37,680
State Special Revenue Fund Group 37,683
4X5 333-607 Behavioral Health 37,686
Medicaid Services $ 3,200,000 $ 2,775,000 37,688
485 333-632 Mental Health 37,690
Operating $ 124,284 $ 127,764 37,692
TOTAL State Special Revenue 37,693
Fund Group $ 3,324,284 $ 2,902,764 37,696
TOTAL ALL BUDGET FUND GROUPS $ 64,819,420 $ 60,994,810 37,699
Residency Traineeship Programs 37,702
The foregoing appropriation item 333-402, Resident 37,704
Trainees, shall be used to fund training agreements entered into 37,705
by the Department of Mental Health for the development of 37,706
814
curricula and the provision of training programs to support 37,707
public mental health services. The appropriation line item may 37,708
also be used to assist in the development of a statewide public
academic mental health council to coordinate the collaboration 37,709
between the public mental health system and college and 37,710
university traineeship programs established pursuant to section 37,711
5119.11 of the Revised Code.
Pre-Admission Screening Expenses 37,713
The foregoing appropriation item 333-403, Pre-Admission 37,715
Screening Expenses, shall be used to pay for costs to ensure that 37,717
uniform statewide methods for pre-admission screening are in 37,718
place to perform assessments for persons in need of mental health
services or for whom institutional placement in a hospital or in 37,719
another inpatient facility is sought. Pre-admission screening 37,721
includes the following activities: pre-admission assessment, 37,722
consideration of continued stay requests, discharge planning and 37,723
referral, and adjudication of appeals and grievance procedures. 37,724
Rental Payments to the Ohio Public Facilities Commission 37,726
The foregoing appropriation item 333-415, Rental Payments 37,728
OPFC, shall be used to meet all payments at the times they are 37,730
required to be made during the period from July 1, 1999, to June 37,731
30, 2001, by the Department of Mental Health to the Ohio Public 37,732
Facilities Commission pursuant to leases and agreements made 37,733
under section 154.20 of the Revised Code, but limited to the 37,734
aggregate amount of $58,600,000. Nothing in this act shall be 37,735
deemed to contravene the obligation of the state to pay, without 37,736
necessity for further appropriation, from the sources pledged 37,737
thereto, the bond service charges on obligations issued pursuant 37,738
to section 154.20 of the Revised Code. 37,739
Section 68.01. Division of Mental Health--Hospitals 37,741
General Revenue Fund 37,743
GRF 334-408 Community and 37,746
Hospital Mental
Health Services $ 343,457,861 $ 349,242,440 37,748
815
GRF 334-506 Court Costs $ 966,274 $ 989,465 37,752
TOTAL GRF General Revenue Fund $ 344,424,135 $ 350,231,905 37,755
General Services Fund Group 37,758
149 334-609 Hospital Rotary - 37,761
Operating Expenses $ 4,291,568 $ 2,196,668 37,763
150 334-620 Special Education $ 105,250 $ 105,250 37,767
TOTAL GSF General Services 37,769
Fund Group $ 4,396,818 $ 2,301,918 37,772
Federal Special Revenue Fund Group 37,775
3B0 334-617 Elementary and 37,778
Secondary Education
Act $ 180,348 $ 189,215 37,780
324 334-605 Medicaid/Medicare $ 13,160,416 $ 13,299,340 37,784
TOTAL FED Federal Special Revenue 37,785
Fund Group $ 13,340,764 $ 13,488,555 37,788
State Special Revenue Fund Group 37,791
485 334-632 Mental Health 37,794
Operating $ 2,565,188 $ 2,651,013 37,796
692 334-636 Community Mental 37,798
Health Board Risk
Fund $ 581,871 $ 598,163 37,800
TOTAL SSR State Special Revenue 37,801
Fund Group $ 3,147,059 $ 3,249,176 37,804
TOTAL ALL BUDGET FUND GROUPS $ 365,308,776 $ 369,271,554 37,807
Community Mental Health Board Risk Fund 37,811
The foregoing appropriation item 334-636, Community Mental 37,813
Health Board Risk Fund, shall be used to make payments pursuant 37,815
to section 5119.62 of the Revised Code. 37,816
Section 68.02. Division of Mental Health--Community 37,818
Support Services 37,819
General Revenue Fund 37,821
GRF 335-419 Community Medication 37,824
Subsidy $ 7,181,673 $ 7,701,549 37,826
816
GRF 335-502 Community Mental 37,828
Health Programs $ 37,272,143 $ 38,166,674 37,830
GRF 335-508 Services for Severely 37,832
Mentally Disabled $ 58,991,739 $ 60,405,135 37,834
TOTAL GRF General Revenue Fund $ 103,445,550 $ 106,273,358 37,837
General Services Fund Group 37,840
4N8 335-606 Family Stability 37,843
Incentive $ 7,196,000 $ 7,300,000 37,845
TOTAL GSF General Services 37,846
Fund Group $ 7,196,000 $ 7,300,000 37,849
Federal Special Revenue Fund Group 37,852
3A7 335-612 Social Services Block 37,855
Grant $ 12,519,873 $ 9,250,982 37,857
3A8 335-613 Federal Grant - 37,859
Community Mental
Health Board Subsidy $ 597,120 $ 597,120 37,861
3A9 335-614 Mental Health Block 37,863
Grant $ 12,128,136 $ 12,128,136 37,865
3B1 335-635 Community Medicaid 37,867
Expansion $ 145,600,000 $ 151,424,000 37,869
TOTAL FED Federal Special Revenue 37,870
Fund Group $ 170,845,129 $ 173,400,238 37,873
TOTAL ALL BUDGET FUND GROUPS $ 281,486,679 $ 286,973,596 37,876
DEPARTMENT TOTAL 37,877
GENERAL REVENUE FUND $ 507,138,893 $ 512,548,051 37,880
DEPARTMENT TOTAL 37,881
GENERAL SERVICES FUND GROUP $ 12,715,545 $ 10,737,602 37,884
DEPARTMENT TOTAL 37,885
FEDERAL SPECIAL REVENUE 37,886
FUND GROUP $ 189,495,249 $ 192,198,149 37,889
DEPARTMENT TOTAL 37,890
STATE SPECIAL REVENUE FUND GROUP $ 6,471,343 $ 6,151,940 37,893
DEPARTMENT TOTAL 37,894
INTRAGOVERNMENTAL FUND GROUP $ 72,523,765 $ 74,161,226 37,897
817
TOTAL DEPARTMENT OF MENTAL HEALTH $ 788,344,795 $ 795,796,968 37,900
Section 68.03. Community Medication Subsidy 37,903
The foregoing appropriation item 335-419, Community 37,905
Medication Subsidy, shall be used to provide subsidized support 37,906
for psychotropic medication needs of indigent citizens in the 37,907
community to reduce unnecessary hospitalization because of lack 37,908
of medication and to provide subsidized support for methadone 37,909
costs. 37,910
General Community Mental Health Programs 37,912
The foregoing appropriation item 335-502, Community Mental 37,914
Health Programs, shall be distributed by the Department of Mental 37,916
Health on a per capita basis to community mental health boards. 37,917
The purpose of the appropriation shall be to provide 37,919
subsidized support for general mental health services to Ohioans. 37,920
The range of mental health services eligible for funding shall be 37,921
defined in a Department of Mental Health administrative rule. 37,922
Community mental health boards shall allocate funds in support of 37,924
these services in accordance with the mental health needs of the 37,925
community.
Mental Health Services for Severely Mentally Disabled 37,927
Persons
The foregoing appropriation item 335-508, Services for 37,929
Severely Mentally Disabled, shall be used to fund mental health 37,931
services for adults and children who meet or have formerly met 37,932
criteria established by the Department of Mental Health under its 37,933
definition of severely mentally disabled. Those adults and 37,934
children who constitute severely mentally disabled shall include 37,935
those with a history of recent or chronic psychiatric 37,936
hospitalizations, a history of psychosis, a prognosis of 37,937
continued severe social and adaptive functioning impairment, or 37,938
those certified impaired by the Social Security Administration 37,939
for reasons of mental illness. In addition to the above, children 37,940
and adolescents who are currently determined to be severely 37,941
mentally disabled, or who are at risk of becoming severely mental 37,942
818
disabled, and who are already in or about to enter the juvenile 37,943
justice system, or child welfare system, or receiving special 37,944
education services within the education system may also receive 37,945
services funded by appropriation item 335-508, Services for 37,946
Severely Mentally Disabled.
Of the foregoing appropriation item 335-508, Services for 37,948
Serverely Mentally Disabled, $100,000 in each fiscal year shall 37,949
be used to fund family and consumer education and support. 37,950
Of the foregoing appropriation item 335-508, Services for 37,953
Severely Mentally Disabled, $2.7 million in each fiscal year 37,954
shall be used to transfer cash from the General Revenue Fund to
Fund 4N8, Family Stability Incentive. This transfer shall be 37,955
made using an intrastate voucher. 37,956
Behavioral Health Medicaid Services 37,958
The Department of Mental Health shall administer specified 37,960
Medicaid Services as delegated by the Department of Human 37,961
Services in an interagency agreement. The foregoing 37,962
appropriation item 333-607, Behavioral Health Medicaid Services, 37,963
may be used to make payments for free-standing psychiatric 37,964
hospital inpatient services as defined in an interagency 37,965
agreement with the Department of Human Services.
Section 69. DMR DEPARTMENT OF MENTAL RETARDATION 37,967
AND DEVELOPMENTAL DISABILITIES 37,968
Section 69.01. General Administration and Statewide 37,970
Services 37,971
General Revenue Fund 37,973
GRF 320-321 Central 37,976
Administration $ 12,054,435 $ 11,889,457 37,978
GRF 320-411 Special Olympics $ 200,000 $ 200,000 37,982
GRF 320-412 Protective Services $ 1,310,648 $ 1,342,104 37,986
GRF 320-415 Rent Payments-OPFC $ 30,000,000 $ 28,600,000 37,990
TOTAL GRF General Revenue Fund $ 43,565,083 $ 42,031,561 37,993
General Services Fund Group 37,996
4B5 320-640 Conference/Training $ 761,387 $ 780,768 38,001
819
TOTAL GSF General Services 38,002
Fund Group $ 761,387 $ 780,768 38,005
Federal Special Revenue Fund Group 38,008
3A4 320-605 Administrative 38,011
Support $ 5,795,804 $ 6,491,300 38,013
3A5 320-613 DD Council Operating 38,015
Expenses $ 992,486 $ 992,486 38,017
325 320-634 Protective Services $ 916,969 $ 916,969 38,021
TOTAL FED Federal Special Revenue 38,022
Fund Group $ 7,705,259 $ 8,400,755 38,025
TOTAL ALL GENERAL ADMINISTRATION 38,026
AND STATEWIDE SERVICES 38,027
BUDGET FUND GROUPS $ 52,031,729 $ 51,213,084 38,030
Rental Payments to the Ohio Public Facilities Commission 38,034
The foregoing appropriation item 320-415, Rent Payments - 38,036
OPFC, shall be used to meet all payments at the times they are 38,038
required to be made during the period from July 1, 1999, to June 38,039
30, 2001, by the Department of Mental Retardation and 38,040
Developmental Disabilities to the Ohio Public Facilities 38,041
Commission pursuant to leases and agreements made under section 38,042
154.20 of the Revised Code, but limited to the aggregate amount 38,043
of $58,600,000. Nothing in this act shall be deemed to 38,044
contravene the obligation of the state to pay, without necessity 38,045
for further appropriation, from the sources pledged thereto, the 38,046
bond service charges on obligations issued pursuant to section 38,047
154.20 of the Revised Code.
Section 69.02. Community Services 38,049
General Revenue Fund 38,051
GRF 322-405 State Use Program $ 268,364 $ 264,685 38,056
GRF 322-413 Residential and 38,058
Support Services $ 133,882,337 $ 137,095,513 38,060
GRF 322-451 Family Support 38,062
Services $ 7,705,342 $ 7,975,870 38,065
GRF 322-452 Case Management $ 6,235,022 $ 6,384,663 38,069
820
GRF 322-501 County Boards 38,071
Subsidies $ 45,720,356 $ 46,817,644 38,073
TOTAL GRF General Revenue Fund $ 193,811,421 $ 198,538,375 38,076
General Services Fund Group 38,079
4J6 322-645 Intersystem Services 38,082
for Children $ 3,798,005 $ 3,907,448 38,084
4U4 322-606 Community MR and DD 38,086
Trust $ 116,242 $ 119,201 38,088
4V1 322-611 Program Support $ 110,560 $ 113,374 38,091
4V1 322-615 Ohio's 38,093
Self-Determination
Project $ 131,666 $ 131,666 38,095
488 322-603 Residential Services 38,097
Refund $ 3,297,786 $ 3,650,224 38,099
TOTAL GSF General Services 38,100
Fund Group $ 7,454,259 $ 7,921,913 38,103
Federal Special Revenue Fund Group 38,106
3A4 322-605 Community Program 38,109
Support $ 2,569,284 $ 2,749,134 38,111
3A4 322-610 Community Residential 38,113
Support $ 5,537,250 $ 5,924,858 38,115
3A5 322-613 DD Council Grants $ 3,358,290 $ 3,358,290 38,119
3G6 322-639 Medicaid Waiver $ 135,921,846 $ 136,602,770 38,123
3M7 322-650 CAFS Medicaid $ 141,058,250 $ 141,890,490 38,127
325 322-608 Federal Grants - 38,129
Operating Expenses $ 1,197,586 $ 1,225,523 38,131
325 322-612 Social Service Block 38,133
Grant $ 15,100,000 $ 15,100,000 38,135
325 322-614 Health and Human 38,137
Services $ 214,245 $ 214,245 38,139
325 322-617 Education Grants - 38,141
Operating $ 277,650 $ 277,650 38,143
TOTAL FED Federal Special Revenue 38,144
Fund Group $ 305,234,401 $ 307,342,960 38,147
821
State Special Revenue Fund Group 38,150
4K8 322-604 Waiver - Match $ 12,868,321 $ 12,532,806 38,155
5H0 322-619 Medicaid Repayment $ 534,560 $ 549,980 38,159
TOTAL SSR State Special Revenue 38,160
Fund Group $ 13,402,881 $ 13,082,786 38,163
TOTAL ALL COMMUNITY SERVICES 38,164
BUDGET FUND GROUPS $ 519,902,962 $ 526,886,034 38,167
Residential and Support Services 38,170
The foregoing appropriation item 322-413, Residential and 38,172
Support Services, shall be used for any of the following: 38,173
(A) Home and community-based waiver services pursuant to 38,175
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 38,176
U.S.C. 301, as amended;
(B) Services contracted by county boards of mental 38,178
retardation and developmental disabilities; 38,179
(C) Supported living services contracted by county boards 38,181
of mental retardation and developmental disabilities in 38,182
accordance with sections 5126.40 to 5126.47 of the Revised Code; 38,183
(D) County board of mental retardation and developmental 38,185
disabilities contracted purchase of service; 38,186
(E) Sermak Class Services used to implement the 38,188
requirements of the consent decree in the case of Sermak v. 38,189
Manuel, Case No. c-2-80-220, United States District Court for the 38,190
Southern District of Ohio, Eastern Division.
Notwithstanding Chapters 5123. and 5126. of the Revised 38,192
Code, the Department of Mental Retardation and Developmental 38,194
Disabilities may develop residential and support service programs 38,195
that enable persons with mental retardation and developmental 38,196
disabilities to live in the community. Notwithstanding Chapter
5121. and section 5123.122 of the Revised Code, the department 38,197
may waive the support collection requirements of those statutes 38,198
for persons in community programs developed by the department 38,199
under this section. The department shall adopt rules under 38,200
Chapter 119. of the Revised Code or may use existing rules for 38,201
822
the implementation of these programs.
Family Support Services 38,203
Notwithstanding sections 5123.171, 5123.19, 5123.20, and 38,205
5126.11 of the Revised Code, the Department of Mental Retardation 38,206
and Developmental Disabilities may implement programs funded by 38,207
appropriation item 322-451, Family Support Services, to provide 38,208
assistance to persons with mental retardation or developmental 38,209
disabilities and their families who are living in the community. 38,211
The department shall adopt rules to implement these programs. 38,212
Case Management 38,214
The foregoing appropriation item 322-452, Case Management, 38,216
shall be allocated to county boards of mental retardation and 38,218
developmental disabilities for the purpose of providing case 38,219
management services and to assist in bringing state funding for 38,220
all department-approved case managers within county boards of 38,221
mental retardation and developmental disabilities to the level 38,222
authorized in division (D) of section 5126.15 of the Revised 38,223
Code. The department may request approval from the Controlling 38,224
Board to transfer any unobligated appropriation authority from 38,225
other state General Revenue Fund appropriation items within the 38,226
department's budget to appropriation item 322-452, Case 38,227
Management, to be used to meet the statutory funding level in 38,228
division (D) of section 5126.15 of the Revised Code. 38,229
Notwithstanding division (D) of section 5126.15 of the 38,231
Revised Code and subject to funding in appropriation item 38,232
322-452, Case Management, no county may receive less than its 38,233
allocation in fiscal year 1995.
State Subsidies to MR/DD boards 38,235
Of the foregoing appropriation item 322-501, County Boards 38,237
Subsidies, $1,500,000 in each fiscal year shall be used to fund 38,238
the tax equity program in accordance with sections 5126.16, 38,239
5126.17, and 5126.18 of the Revised Code.
Waiver - Match 38,241
The foregoing appropriation item 322-604, Waiver-Match 38,243
823
(Fund 4K8), shall be used as state matching funds for the home 38,244
and community-based waivers. 38,245
The Department of Human Services may enter into an 38,247
interagency agreement with the Department of Mental Retardation 38,248
and Developmental Disabilities providing for the Department of 38,249
Mental Retardation and Developmental Disabilities to operate the 38,250
program. 38,251
Developmental Center Program to Develop a Model Billing for 38,253
Services Rendered 38,254
Developmental centers of the Department of Mental 38,256
Retardation and Developmental Disabilities may provide services 38,257
to persons with mental retardation or developmental disabilities 38,258
living in the community or to providers of services to these 38,259
persons. The department may develop a methodology for recovery 38,260
of all costs associated with the provisions of these services. 38,261
Section 69.03. Residential Facilities 38,263
General Revenue Fund 38,265
GRF 323-321 Residential 38,268
Facilities Operations $ 104,027,497 $ 103,976,271 38,270
TOTAL GRF General Revenue Fund $ 104,027,497 $ 103,976,271 38,273
General Services Fund Group 38,276
152 323-609 Residential 38,279
Facilities Support $ 849,108 $ 870,772 38,281
TOTAL GSF General Services 38,282
Fund Group $ 849,108 $ 870,772 38,285
Federal Special Revenue Fund Group 38,288
3A4 323-605 Residential 38,291
Facilities
Reimbursement $ 125,178,287 $ 125,985,419 38,293
325 323-608 Federal Grants - 38,295
Subsidies $ 401,173 $ 429,255 38,297
325 323-617 Education Grants - 38,299
Residential
Facilities $ 374,882 $ 374,882 38,301
824
TOTAL FED Federal Special Revenue 38,302
Fund Group $ 125,954,342 $ 126,789,556 38,305
State Special Revenue Fund Group 38,308
489 323-632 Operating Expense $ 10,297,985 $ 10,726,617 38,313
TOTAL SSR State Special Revenue 38,314
Fund Group $ 10,297,985 $ 10,726,617 38,317
TOTAL ALL RESIDENTIAL FACILITIES 38,318
BUDGET FUND GROUPS $ 241,128,932 $ 242,363,216 38,321
DEPARTMENT TOTAL GENERAL REVENUE 38,324
FUND $ 341,404,001 $ 344,546,207 38,326
DEPARTMENT TOTAL GENERAL SERVICES 38,327
FUND GROUP $ 9,064,754 $ 9,573,453 38,329
DEPARTMENT TOTAL FEDERAL SPECIAL 38,330
REVENUE FUND GROUP $ 438,894,002 $ 442,533,271 38,332
DEPARTMENT TOTAL STATE SPECIAL 38,333
REVENUE FUND GROUP $ 23,700,866 $ 23,809,403 38,335
TOTAL DEPARTMENT OF MENTAL 38,336
RETARDATION AND DEVELOPMENTAL
DISABILITIES $ 813,063,623 $ 820,462,334 38,339
Section 70. MIH COMMISSION ON MINORITY HEALTH 38,342
General Revenue Fund 38,344
GRF 149-321 Operating Expenses $ 572,555 $ 582,837 38,349
GRF 149-501 Minority Health 38,351
Grants $ 1,047,826 $ 1,072,973 38,353
GRF 149-502 Lupus Program $ 182,298 $ 186,673 38,357
TOTAL GRF General Revenue Fund $ 1,802,679 $ 1,842,483 38,360
State Special Revenue Fund Group 38,363
4C2 149-601 Minority Health 38,366
Conference $ 121,051 $ 124,231 38,368
TOTAL SSR State Special Revenue 38,369
Fund Group $ 121,051 $ 124,231 38,372
TOTAL ALL BUDGET FUND GROUPS $ 1,923,730 $ 1,966,714 38,375
Lupus Program 38,378
The foregoing appropriation item 149-502, Lupus Program, 38,380
825
shall be used to provide grants for programs in patient, public, 38,381
and professional education on the subject of Systemic Lupus 38,382
Erythemtosus; to encourage and develop local centers on lupus 38,383
information gathering and screening; and to provide outreach to 38,384
minority women. 38,385
Section 71. CRB MOTOR VEHICLE COLLISION REPAIR 38,388
REGISTRATION BOARD 38,389
General Service Fund Group 38,391
5H9 865-609 Operating Expenses $ 228,638 $ 228,778 38,396
TOTAL GSF General Services 38,397
Fund Group $ 228,638 $ 228,778 38,400
TOTAL ALL BUDGET FUND GROUPS $ 228,638 $ 228,778 38,403
Section 72. DNR DEPARTMENT OF NATURAL RESOURCES 38,406
General Revenue Fund 38,408
GRF 725-401 Wildlife - GRF 38,411
Central Support $ 1,221,229 $ 1,268,315 38,413
GRF 725-404 Fountain Square 38,415
Rental Payments - OBA $ 1,087,000 $ 1,093,000 38,417
GRF 725-408 Reclamation and 38,419
Mining $ 2,406,020 $ 2,408,999 38,421
GRF 725-412 Reclamation 38,423
Commission $ 66,475 $ 68,165 38,425
GRF 725-413 OPFC Rental Payments $ 15,660,000 $ 12,750,000 38,429
GRF 725-415 Mine Examining Board $ 121,083 $ 123,963 38,433
GRF 725-419 Oil & Gas Well 38,435
Plugging $ 500,000 $ 500,000 38,437
GRF 725-423 Stream and Ground 38,439
Water Gauging $ 422,863 $ 459,387 38,441
GRF 725-425 Wildlife License 38,443
Reimbursement $ 1,000,000 $ 1,000,000 38,445
GRF 725-456 Canal Lands $ 414,783 $ 423,203 38,449
GRF 725-502 Soil and Water 38,451
Districts $ 10,564,494 $ 11,390,831 38,453
826
GRF 725-507 Conservation Reserve 38,455
Enhancement Program $ 2,000,000 $ 2,000,000 38,457
GRF 727-321 Division of Forestry $ 10,078,524 $ 9,956,427 38,461
GRF 728-321 Division of 38,463
Geological Survey $ 2,164,135 $ 2,270,778 38,465
GRF 729-321 Computer Information 38,467
Services &
Communications $ 1,172,567 $ 1,214,464 38,469
GRF 730-321 Division of Parks and 38,471
Recreation $ 34,855,224 $ 34,951,655 38,473
GRF 733-321 Division of Water $ 3,944,652 $ 3,998,080 38,477
GRF 734-321 Division of Oil and 38,479
Gas $ 225,366 $ 1,114,957 38,481
GRF 736-321 Division of Chief 38,483
Engineer $ 4,371,204 $ 3,773,672 38,485
GRF 737-321 Division of Soil and 38,487
Water $ 4,092,866 $ 4,382,166 38,489
GRF 738-321 Office of Real Estate 38,491
and Land Management $ 2,493,793 $ 2,550,457 38,493
GRF 741-321 Division of Natural 38,495
Areas $ 3,415,305 $ 3,396,390 38,497
GRF 743-321 Division of Civilian 38,499
Conservation $ 5,100,636 $ 5,225,382 38,501
TOTAL GRF General Revenue Fund $ 107,378,219 $ 106,320,291 38,504
General Services Fund Group 38,507
155 725-601 Departmental Projects $ 1,491,770 $ 1,468,051 38,512
157 725-651 Central Support 38,514
Indirect $ 7,302,432 $ 7,273,923 38,516
158 725-604 Natural Resources 38,518
Publication Center
Intrastate $ 79,170 $ 80,154 38,520
161 725-635 Parks Facilities 38,522
Maintenance $ 2,666,395 $ 2,737,935 38,524
162 725-625 CCC Operations $ 2,261,993 $ 2,156,861 38,528
827
204 725-687 Information Services $ 2,217,392 $ 2,145,631 38,532
206 725-689 REALM Support 38,534
Services $ 447,811 $ 473,152 38,536
207 725-690 Real Estate $ 53,924 $ 55,320 38,540
4D5 725-618 Recycled Materials $ 103,429 $ 106,272 38,544
4S9 725-622 NatureWorks Personnel $ 655,136 $ 479,163 38,548
4X8 725-662 Water Planning 38,550
Council $ 262,900 $ 269,700 38,552
430 725-671 Canal Lands $ 1,029,302 $ 998,044 38,556
5F9 725-663 Flood Reimbursement $ 99,109 $ 0 38,560
508 725-684 Natural Resources 38,562
Publication Center
Interstate $ 393,166 $ 361,877 38,564
510 725-631 Maintenance - 38,566
state-owned
residences $ 230,669 $ 220,771 38,568
516 725-620 Water Management $ 2,407,372 $ 2,404,055 38,572
519 725-623 Burr Oak Water Plant $ 1,149,523 $ 1,750,680 38,576
635 725-664 Fountain Square 38,578
Facilities Management $ 2,595,957 $ 2,699,355 38,580
697 725-670 Submerged Lands $ 547,762 $ 567,920 38,584
TOTAL GSF General Services 38,585
Fund Group $ 25,995,212 $ 26,248,864 38,588
Federal Special Revenue Fund Group 38,591
3B3 725-640 Federal Forest 38,594
Pass-Thru $ 55,000 $ 55,000 38,596
3B4 725-641 Federal Flood 38,598
Pass-Thru $ 185,000 $ 190,000 38,600
3B5 725-645 Federal Abandoned 38,602
Mine Lands $ 7,418,833 $ 7,630,403 38,604
3B6 725-653 Federal Land and 38,606
Water Conservation $ 130,000 $ 120,000 38,608
3B7 725-654 Reclamation-Regulatory$ 2,214,846 $ 2,265,932 38,612
828
3P0 725-630 Natural Areas and 38,614
Preserves-Federal $ 262,400 $ 185,000 38,616
3P1 725-632 Geological 38,618
Survey-Federal $ 350,000 $ 350,000 38,620
3P2 725-642 Oil and Gas-Federal $ 223,700 $ 111,850 38,624
3P3 725-650 Real Estate and Land 38,626
Management-Federal $ 2,857,755 $ 3,185,120 38,628
3P4 725-660 Water-Federal $ 180,000 $ 180,000 38,632
3R5 725-673 Acid Mine Drainage 38,634
Abatement/Treatment $ 600,000 $ 600,000 38,636
328 725-603 Forestry Federal $ 1,017,600 $ 1,017,600 38,640
332 725-669 Federal Mine Safety 38,642
Grant $ 133,095 $ 137,056 38,644
TOTAL FED Federal Special Revenue 38,645
Fund Group $ 15,628,229 $ 16,027,961 38,648
State Special Revenue Fund Group 38,651
4B8 725-617 Forestry Development $ 25,000 $ 25,000 38,656
4J2 725-628 Injection Well Review $ 68,428 $ 54,440 38,660
4M7 725-631 Wildfire Suppression $ 100,000 $ 100,000 38,664
4U6 725-668 Scenic Rivers 38,666
Protection $ 261,307 $ 268,431 38,668
5B3 725-674 Mining Regulation $ 49,757 $ 49,805 38,672
509 725-602 State Forest $ 1,520,379 $ 1,440,326 38,676
511 725-646 Ohio Geologic Mapping $ 839,340 $ 763,717 38,680
512 725-605 State Parks 38,682
Operations $ 27,150,223 $ 27,048,732 38,684
514 725-606 Lake Erie Shoreline $ 828,311 $ 729,492 38,688
518 725-643 Oil and Gas Permit 38,690
Fees $ 3,618,829 $ 2,878,496 38,692
521 725-627 Off-Road Vehicle 38,694
Trails $ 62,036 $ 63,790 38,696
522 725-656 Natural Areas 38,698
Checkoff Funds $ 745,301 $ 766,169 38,700
829
525 725-608 Reclamation 38,702
Forfeiture $ 597,082 $ 597,664 38,704
526 725-610 Strip Mining 38,706
Administration Fees $ 1,956,599 $ 2,006,000 38,708
527 725-637 Surface Mining 38,710
Administration $ 1,964,078 $ 2,016,050 38,712
529 725-639 Unreclaimed Land Fund $ 1,335,879 $ 1,349,327 38,716
530 725-647 Surface Mining 38,718
Reclamation $ 76,725 $ 78,951 38,720
531 725-648 Reclamation 38,722
Supplemental
Forfeiture $ 1,352,208 $ 1,389,401 38,724
532 725-644 Litter Control and 38,726
Recycling $ 10,965,210 $ 11,264,587 38,728
615 725-661 Dam Safety $ 136,633 $ 139,237 38,732
TOTAL SSR State Special Revenue 38,733
Fund Group $ 53,653,325 $ 53,029,615 38,736
Wildlife Fund Group 38,739
015 725-509 Fish/Wildlife Subsidy $ 154,199 $ 158,517 38,744
015 740-321 Division of Wildlife 38,746
Conservation $ 40,345,888 $ 41,400,117 38,748
81A 725-612 Wildlife Education $ 1,496,360 $ 1,537,063 38,752
815 725-636 Cooperative 38,754
Management Projects $ 148,850 $ 153,166 38,756
816 725-649 Wetlands Habitat $ 897,663 $ 922,997 38,760
817 725-655 Wildlife Conservation 38,762
Checkoff Fund $ 1,301,143 $ 1,327,577 38,764
818 725-629 Cooperative Fisheries 38,766
Research $ 918,004 $ 943,708 38,768
819 725-685 Ohio River Management $ 119,302 $ 122,748 38,772
TOTAL WLF Wildlife Fund Group $ 45,381,409 $ 46,565,893 38,775
Waterways Safety Fund Group 38,778
086 725-414 Waterways Improvement $ 3,091,402 $ 3,091,035 38,783
830
086 725-416 Natural Areas Marine 38,785
Patrol $ 25,000 $ 25,000 38,787
086 725-417 Parks Marine Patrol $ 25,000 $ 25,000 38,791
086 725-418 Buoy Placement $ 39,298 $ 40,267 38,795
086 725-501 Waterway Safety 38,797
Grants $ 128,024 $ 131,609 38,799
086 725-506 Watercraft Marine 38,801
Patrol $ 359,800 $ 369,875 38,803
086 725-513 Watercraft 38,805
Educational Grants $ 128,500 $ 132,098 38,807
086 739-321 Division of 38,809
Watercraft $ 11,615,111 $ 11,892,223 38,811
880 725-614 Cooperative Boat 38,813
Harbor Projects $ 108,637 $ 111,679 38,815
TOTAL WSF Waterways Safety Fund 38,816
Group $ 15,520,772 $ 15,818,786 38,819
Holding Account Redistribution Fund Group 38,822
R17 725-659 Performance Cash Bond 38,825
Refunds $ 265,000 $ 265,500 38,827
R29 725-607 Reclamation Fee 38,829
Refund $ 350,000 $ 350,000 38,831
R30 725-638 Surface Mining 38,833
Reclamation Fees $ 12,000 $ 12,000 38,835
R43 725-624 Forestry $ 1,750,000 $ 1,750,000 38,839
TOTAL 090 Holding Account 38,840
Redistribution Fund Group $ 2,377,000 $ 2,377,500 38,843
Accrued Leave Liability Fund Group 38,846
4M8 725-675 FOP Contract $ 17,551 $ 17,990 38,851
TOTAL ALF Accrued Leave 38,852
Liability Fund Group $ 17,551 $ 17,990 38,855
TOTAL ALL BUDGET FUND GROUPS $ 265,951,717 $ 266,406,900 38,858
Section 72.01. Rental Payments to the Ohio Public 38,861
Facilities Commission 38,862
The foregoing appropriation item 725-413, OPFC Rental 38,864
831
Payments, shall be used to meet all payments at the times they 38,866
are required to be made during the period from July 1, 1999, to 38,867
June 30, 2001, by the Department of Natural Resources to the Ohio 38,868
Public Facilities Commission pursuant to leases and agreements 38,869
made under section 154.22 of the Revised Code, but limited to the 38,870
aggregate amount of $28,410,000. Nothing in this act shall be 38,871
deemed to contravene the obligation of the state to pay, without 38,872
necessity for further appropriation, from the sources pledged 38,873
thereto, the bond service charges on obligations issued pursuant 38,874
to section 154.22 of the Revised Code. 38,875
Fountain Square 38,877
The foregoing appropriation item 725-404, Fountain Square 38,879
Rental Payments - OBA, shall be used by the Department of Natural 38,881
Resources to meet all payments required to be made to the Ohio 38,882
Building Authority during the period from July 1, 1999, to June 38,883
30, 2001, pursuant to leases and agreements with the Ohio 38,884
Building Authority under section 152.241 of the Revised Code, but 38,885
limited to the aggregate amount of $2,180,000.
The Director of Natural Resources, using intrastate 38,887
transfer vouchers, shall make payments to the General Revenue 38,889
Fund from funds other than the General Revenue Fund to reimburse 38,890
the General Revenue Fund for their share of the lease rental 38,891
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the 38,892
payment from the Ohio Building Authority for the actual amounts 38,893
necessary to fulfill the leases and agreements pursuant to 38,894
section 152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square 38,896
Facilities Management (Fund 635), shall be used for payment of 38,898
repairs, renovation, utilities, property management, and building 38,899
maintenance expenses for the Fountain Square Complex. Cash 38,900
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of 38,901
Natural Resources shall be deposited to the Fountain Square 38,902
832
Facilities Management Fund (Fund 635). 38,903
Section 72.02. Central Support Indirect Chargeback 38,905
With the exception of the Division of Wildlife, whose 38,907
indirect central support charges shall be paid by the General 38,908
Revenue Fund from the foregoing appropriation item 725-401, 38,909
Wildlife - GRF Central Support, the Department of Natural 38,910
Resources, with the approval of the Director of Budget and 38,911
Management, shall utilize a methodology for determining each 38,912
division's payments into the Central Support Indirect Chargeback 38,913
Fund (Fund 157). The methodology used shall contain the 38,914
characteristics of administrative ease and uniform application. 38,915
Payments to the Central Support Indirect Chargeback Fund shall be 38,916
made using an intrastate transfer voucher. 38,917
Wildlife License Reimbursement 38,919
Notwithstanding the limits of the transfer from the General 38,921
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 38,922
of the Revised Code, up to the amount available in appropriation 38,923
item 725-425, Wildlife License Reimbursement, may be transferred 38,924
from the General Revenue Fund to the Wildlife Fund (Fund 015). 38,925
Pursuant to the certification of the Director of Budget and 38,926
Management of the amount of foregone revenue in accordance with 38,927
section 1533.15 of the Revised Code, the foregoing appropriation 38,928
item in the General Revenue Fund, appropriation item 725-425, 38,929
Wildlife License Reimbursement, shall be used to reimburse the 38,930
Wildlife Fund (Fund 015) for the cost of hunting and fishing 38,931
licenses and permits issued after June 30, 1990, to individuals 38,932
who are exempted under the Revised Code from license, permit, and 38,933
stamp fees.
Soil and Water Districts 38,935
In addition to state payments to soil and water 38,937
conservation districts authorized by section 1515.10 of the 38,938
Revised Code, the Department of Natural Resources may pay to any 38,939
soil and water conservation district, from authority in 38,940
appropriation item 725-502, Soil and Water Districts, an annual 38,941
833
amount not to exceed $30,000, upon receipt of a request and 38,942
justification from the district and approval by the Ohio Soil and 38,943
Water Conservation Commission. The county auditor shall credit 38,944
such payments to the special fund established pursuant to section 38,945
1515.10 of the Revised Code for the local soil and water 38,946
conservation district. Moneys received by each district shall be 38,947
expended for the purposes of the district. 38,948
Of the foregoing appropriation item 725-502, Soil and Water 38,950
Districts, $150,000 in each fiscal year shall be distributed to 38,951
the Muskingum Watershed Conservancy District. 38,952
Of the foregoing appropriation item 725-502, Soil and Water 38,954
Districts, $170,000 in each fiscal year shall be distributed to 38,955
the Indian Lake Watershed.
No funds shall be used to pay for cost sharing under 38,958
section 1511.02 of the Revised Code if the Chief of Soil and 38,959
Water Conservation issues an order finding a person has caused 38,960
agricultural pollution by failure to comply with the standards 38,961
established under that section.
Soil and Water Districts 38,963
Of the foregoing appropriation item 725-502, Soil and Water 38,965
Districts, up to $8,043,891 in fiscal year 2000 and up to 38,966
$8,687,402 in fiscal year 2001 shall be distributed to soil and 38,967
water conservation districts for matching funds pursuant to 38,968
section 1515.14 of the Revised Code.
Of the foregoing appropriation item 725-502, Soil and Water 38,970
Districts, $250,000 in each fiscal year shall be distributed to 38,971
the Resource Conservation and Development Councils. 38,972
Of the foregoing appropriation item 725-502, Soil and Water 38,974
Districts, $63,940 in fiscal year 2000 and fiscal year 2001 shall 38,975
be used for the Conservation Action Project to improve water 38,976
quality in Defiance, Fulton, Henry, Lucas, Paulding, Williams, 38,977
and Wood counties.
Division of Soil and Water 38,979
Of the foregoing appropriation item 737-321, Division of 38,981
834
Soil and Water, $220,000 in each fiscal year shall be distributed 38,982
to the Water Quality Laboratory located at Heidelberg College. 38,984
Canal Lands 38,986
The foregoing appropriation item 725-456, Canal Lands, 38,988
shall be used to transfer funds to the Canal Lands Fund (Fund 38,989
430) to provide operating expenses for the State Canal Lands 38,990
Program. The transfer shall be made using an intrastate transfer 38,991
voucher and shall be subject to the approval of the Director of 38,992
Budget and Management. 38,993
Watercraft Marine Patrol 38,995
Of the foregoing appropriation item 739-321, Division of 38,997
Watercraft, $50,000 in each fiscal year shall be expended for the 38,998
purchase of equipment for marine patrols qualifying for funding 38,999
from the Department of Natural Resources pursuant to section 39,000
1547.67 of the Revised Code. Proposals for equipment shall 39,001
accompany the submission of documentation for receipt of a marine 39,002
patrol subsidy pursuant to section 1547.67 of the Revised Code 39,003
and shall be loaned to eligible marine patrols pursuant to a 39,004
cooperative agreement between the Department of Natural Resources 39,005
and the eligible marine patrol. 39,006
Water Resources Council 39,008
There is hereby created a Water Resources Council, 39,010
consisting of the Directors, or the designees of the Directors, 39,011
of Agriculture, Development, Environmental Protection, Health, 39,012
Natural Resources, Transportation, the State and Local Government 39,013
Commission, Public Utilities Commission, Ohio Public Works 39,014
Commission, and Ohio Water Development Authority. The Director 39,015
of Natural Resources shall chair the council. The chair of the 39,016
council shall appoint eleven public members representing local
government, industry, and environmental interests. The council 39,018
shall coordinate water policy development and planning activities 39,019
of state agencies and consider and make recommendations regarding 39,020
water policy development, planning coordination, and funding 39,022
issues.
835
Operating expenses of the council shall be paid from the 39,024
Water Resources Council Fund (Fund 4X8), which is hereby created. 39,025
The council may hire an executive director and staff to support 39,027
its activities. The council may enter into contracts and
agreements with state agencies, political subdivisions, and 39,028
private interests to assist in meeting its objectives. The 39,029
Department of Natural Resources shall serve as fiscal agent of 39,031
the fund. The Departments of Agriculture, Development, 39,032
Environmental Protection, Health, Natural Resources, and
Transportation shall contribute equally, via interstate transfer 39,033
voucher, to the fund. The State and Local Government Commission, 39,034
Public Utilities Commission, Ohio Public Works Commission, and 39,035
Ohio Water Development Authority may also voluntarily pay into 39,036
the Water Resources Council Fund for the operating expenses of 39,037
the council. If voluntary payment is made into the fund the 39,038
portion for the Departments of Agriculture, Development,
Environmental Protection, Health, Natural Resources, and 39,039
Transportation shall be equally reduced. 39,040
Cash Transfer 39,042
Not later than August 1, 1999, the Director of Budget and 39,044
Management shall transfer cash in an amount not to exceed $8,266 39,045
from the Departmental Projects Fund (Fund 155) to the Oil and Gas 39,046
Well Fund (Fund 518).
Not later than August 1, 1999, the Director of Budget and 39,048
Management shall transfer cash in an amount not to exceed 39,049
$150,000 from the Mining Regulation Fund (Fund 5B3) to the Oil 39,050
and Gas Well Fund (Fund 518).
Fund Consolidation 39,052
On July 15, 1999, or as soon thereafter as possible, the 39,054
Director of Budget and Management shall transfer the cash 39,055
balances of the Departmental Services - Interstate Fund (Fund 39,056
507) as of June 30, 1999, and any amounts that accrue to that 39,057
fund after that date, to the Departmental Projects Fund (Fund
155). The Director shall cancel any remaining outstanding 39,058
836
encumbrances against appropriation item 725-681, Departmental 39,059
Services - Interstate, and reestablish them against appropriation 39,060
item 725-601, Departmental Projects. The amounts of any 39,061
encumbrances canceled and reestablished are hereby appropriated. 39,062
On July 15, 1999, or as soon thereafter as possible, the 39,064
Director of Budget and Management shall transfer the cash 39,065
balances of the Oil and Gas Well Plugging Fund (Fund 517) as of 39,066
June 30, 1999, and any amounts that accrue to that fund after 39,067
that date, to the Oil and Gas Well Fund (Fund 518). The director 39,068
shall cancel any remaining outstanding encumbrances against
appropriation item 725-615, Oil and Gas Well Plugging, and 39,069
reestablish them against appropriation item 725-643, Oil and Gas 39,070
Permit Fees. The amounts of any encumbrances canceled and 39,071
reestablished are hereby appropriated.
Burr Oak Water Plant Transfer 39,073
For the purposes of this section, "Burr Oak water system" 39,075
includes, but is not limited to, the Burr Oak water treatment 39,076
plant and its appurtenances.
Upon creation of a regional water district in accordance 39,078
with Chapter 6119. of the Revised Code, the Department of Natural 39,079
Resources shall transfer ownership of the Burr Oak water system 39,080
to the regional water district which shall serve portions of 39,081
Athens, Morgan, Hocking, and Perry counties, or surrounding 39,082
areas. The transfer of the Burr Oak water system shall occur
upon the execution of a transfer agreement between the Department 39,083
of Natural Resources and the regional water district setting 39,084
forth the provisions of the transfer. 39,085
Not more than thirty days prior to the execution of the 39,087
transfer agreement, the Director of Natural Resources shall 39,088
certify the amount of debt outstanding for the Burr Oak water 39,089
system and request the release of moneys up to $685,000 from 39,090
appropriation item 736-321, Division of Chief Engineer, to make
payment on the outstanding debt. Not more than fifteen days 39,091
after the execution of the transfer agreement, all unencumbered 39,092
837
moneys in the Burr Oak Water Plant Fund (Fund 519), Burr Oak 39,093
Water Plant, shall be distributed to the regional water district. 39,094
Section 73. NUR STATE BOARD OF NURSING 39,096
General Services Fund Group 39,098
4K9 884-609 Operating Expenses $ 4,080,547 $ 4,206,614 39,103
TOTAL GSF General Services 39,104
Fund Group $ 4,080,547 $ 4,206,614 39,107
TOTAL ALL BUDGET FUND GROUPS $ 4,080,547 $ 4,206,614 39,111
Section 74. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 39,114
AND ATHLETIC TRAINERS BOARD 39,115
General Services Fund Group 39,117
4K9 890-609 Operating Expenses $ 794,492 $ 632,645 39,122
TOTAL GSF General Services 39,123
Fund Group $ 794,492 $ 632,645 39,126
TOTAL ALL BUDGET FUND GROUPS $ 794,492 $ 632,645 39,129
Operating Expenses 39,132
Of the foregoing appropriation item 890-609, Operating 39,134
Expenses, $150,000 in fiscal year 2000 shall be used by the 39,135
physical therapy section of the Ohio Occupational Therapy, 39,136
Physical Therapy, and Athletic Trainers Board to commission a 39,137
study to measure clinical outcomes for physical therapy. The
physical therapy section for the board shall report the findings 39,138
of the study to the Speaker of the House of Representatives, the 39,139
President of the Senate, and the Governor no later than two years 39,140
after the effective date of this section. 39,141
Education Conference 39,143
The Occupational Therapy, Physical Therapy, and Athletic 39,145
Trainers Board shall plan a conference to discuss career options 39,146
for recent college graduates and new licensees. Members of the 39,147
conference shall be the directors, or their designees, of the 39,148
Occupational Therapy, Physical Therapy, and Athletic Trainers 39,149
Board, Board of Regents, Proprietary Schools and Community
Schools or their designees. The conference shall provide 39,150
recommendations to the Board of Regents. 39,151
838
Section 75. OLA OHIOANA LIBRARY ASSOCIATION 39,153
General Revenue Fund 39,155
GRF 355-501 Library Subsidy $ 443,750 $ 280,461 39,160
TOTAL GRF General Revenue Fund $ 443,750 $ 280,461 39,163
TOTAL ALL BUDGET FUND GROUPS $ 443,750 $ 280,461 39,166
Library Subsidy 39,169
Of the foregoing appropriation item 355-501, Library 39,171
Subsidy, $180,000 in fiscal year 2000 shall be used to fund the 39,172
relocation of the Ohioana Library from the State Departments 39,173
Building.
Section 76. ODB OHIO OPTICAL DISPENSERS BOARD 39,175
General Services Fund Group 39,177
4K9 894-609 Operating Expenses $ 262,402 $ 260,182 39,182
TOTAL GSF General Services 39,183
Fund Group $ 262,402 $ 260,182 39,186
TOTAL ALL BUDGET FUND GROUPS $ 262,402 $ 260,182 39,189
Section 77. OPT STATE BOARD OF OPTOMETRY 39,192
General Services Fund Group 39,194
4K9 885-609 Operating Expenses $ 267,672 $ 266,294 39,199
TOTAL GSF General Services 39,200
Fund Group $ 267,672 $ 266,294 39,203
TOTAL ALL BUDGET FUND GROUPS $ 267,672 $ 266,294 39,207
Section 78. PBR STATE PERSONNEL BOARD OF REVIEW 39,210
General Revenue Fund 39,212
GRF 124-321 Operating $ 1,219,720 $ 1,077,232 39,217
TOTAL GRF General Revenue Fund $ 1,219,720 $ 1,077,232 39,220
General Services Fund Group 39,223
636 124-601 Transcript and Other $ 37,838 $ 38,746 39,228
TOTAL GSF General Services 39,229
Fund Group $ 37,838 $ 38,746 39,232
TOTAL ALL BUDGET FUND GROUPS $ 1,257,558 $ 1,115,978 39,235
Transcript and Other 39,238
The foregoing appropriation item 124-601, Transcript and 39,240
Other, may be used to produce and distribute transcripts and 39,241
839
other documents. Revenues generated by charges for transcripts 39,242
and other documents shall be deposited in the Transcripts and 39,243
Other Fund (Fund 636). 39,244
Section 79. PRX STATE BOARD OF PHARMACY 39,246
General Services Fund Group 39,248
4A5 887-605 Drug Law Enforcement $ 65,000 $ 70,000 39,253
4K9 887-609 Operating Expenses $ 3,841,199 $ 3,829,277 39,257
TOTAL GSF General Services 39,258
Fund Group $ 3,906,199 $ 3,899,277 39,261
TOTAL ALL BUDGET FUND GROUPS $ 3,906,199 $ 3,899,277 39,264
Section 80. PSY STATE BOARD OF PSYCHOLOGY 39,267
General Services Fund Group 39,269
4K9 882-609 Operating Expenses $ 456,543 $ 443,625 39,274
TOTAL GSF General Services 39,275
Fund Group $ 456,543 $ 443,625 39,278
TOTAL ALL BUDGET FUND GROUPS $ 456,543 $ 443,625 39,281
Section 81. PUB OHIO PUBLIC DEFENDER COMMISSION 39,284
General Revenue Fund 39,286
GRF 019-321 Public Defender 39,289
Administration $ 1,773,081 $ 1,808,544 39,291
GRF 019-401 State Legal Defense 39,293
Services $ 6,810,632 $ 6,993,291 39,295
GRF 019-403 Multi-County: State 39,297
Share $ 1,108,780 $ 1,280,291 39,299
GRF 019-404 Trumbull County-State 39,301
Share $ 415,691 $ 429,680 39,303
GRF 019-405 Training Account $ 48,500 $ 48,500 39,308
GRF 019-501 County Reimbursement 39,310
- Non-Capital Cases $ 31,495,223 $ 34,600,011 39,312
GRF 019-503 County Reimbursements 39,314
- Capital Cases $ 1,151,476 $ 1,257,059 39,316
TOTAL GRF General Revenue Fund $ 42,803,383 $ 46,417,376 39,319
General Services Fund Group 39,322
840
101 019-602 Inmate Legal 39,325
Assistance $ 57,983 $ 56,422 39,327
101 019-607 Juvenile Legal 39,329
Assistance $ 456,055 $ 503,615 39,331
406 019-603 Training and 39,333
Publications $ 16,000 $ 16,000 39,335
407 019-604 County Representation $ 466,799 $ 456,959 39,339
408 019-605 Client Payments $ 127,985 $ 131,453 39,343
TOTAL GSF General Services 39,344
Fund Group $ 1,124,822 $ 1,164,449 39,347
Federal Special Revenue Fund Group 39,350
3S8 019-608 Federal 39,353
Representation $ 190,000 $ 190,000 39,355
TOTAL FED Federal Special Revenue 39,356
Fund Group $ 190,000 $ 190,000 39,359
State Special Revenue Fund Group 39,362
4C7 019-601 Multi-County: County 39,365
Share $ 1,556,829 $ 1,614,051 39,367
4X7 019-610 Trumbull 39,369
County-County Share $ 552,627 $ 579,645 39,371
574 019-606 Legal Services 39,373
Corporation $ 16,350,000 $ 16,850,000 39,375
TOTAL SSR State Special Revenue 39,376
Fund Group $ 18,459,456 $ 19,043,696 39,379
TOTAL ALL BUDGET FUND GROUPS $ 62,577,661 $ 66,815,521 39,382
Indigent Defense Office 39,385
The foregoing appropriation items 019-404, Trumbull County 39,387
- State Share, and 019-610, Trumbull County - County Share, shall 39,388
be used to support an indigent defense office for Trumbull 39,389
County.
Training Account 39,391
The foregoing appropriation item 019-405, Training Account, 39,393
shall be used by the Ohio Public Defender to provide legal 39,394
training programs at no cost for private appointed counsel who 39,395
841
represent at least one indigent defendant at no cost, and for 39,396
state and county public defenders and attorneys who contract with 39,397
the Ohio Public Defender to provide indigent defense services. 39,398
Federal Representation 39,400
The foregoing appropriation item 019-608, Federal 39,402
Representation, shall be used to receive reimbursements from the 39,403
federal courts when the Ohio Public Defender provides 39,405
representation on federal court cases.
Section 82. DHS DEPARTMENT OF PUBLIC SAFETY 39,407
General Revenue Fund 39,409
GRF 763-403 Operating Expenses - 39,412
EMA $ 4,090,853 $ 3,574,514 39,414
GRF 763-409 MARCS Operations and 39,416
Maintenance $ 740,284 $ 735,997 39,418
GRF 763-507 Individual and Family 39,420
Grants $ 100,000 $ 105,000 39,422
GRF 764-404 Transportation 39,424
Enforcement
Operations $ 2,156,879 $ 2,157,207 39,426
GRF 769-321 Food Stamp 39,428
Trafficking
Enforcement
Operations $ 716,936 $ 897,720 39,430
TOTAL GRF General Revenue Fund $ 7,804,952 $ 7,470,438 39,433
TOTAL ALL BUDGET FUND GROUPS $ 7,804,952 $ 7,470,438 39,438
American Red Cross Disaster Preparedness and Training 39,441
Of the foregoing appropriation item 763-403, Operating 39,443
Expenses - EMA, up to $500,000 in fiscal year 2000 shall be 39,444
distributed to the American Red Cross in Ohio for disaster 39,445
preparedness and emergency training.
The Ohio Emergency Management Agency shall develop an 39,447
agreement between the State of Ohio Chapters of the American Red 39,448
Cross to specify the terms by which these funds shall be 39,449
requested, distributed, and accounted for to enhance the disaster 39,450
842
response capability of the American Red Cross in Ohio. Funds
shall not be used for administrative costs. The Ohio Emergency 39,451
Management Agency shall require of the American Red Cross a plan 39,452
that facilitates implementation of the current Statement of 39,453
Understanding between the State of Ohio and the American Red 39,454
Cross. The release of funds shall be contingent upon a plan that
is satisfactory to both parties. 39,455
MARCS Operations and Maintenance Transfers 39,457
Upon the request of the Director of Public Safety, the 39,459
Director of Budget and Management shall transfer up to $304,284 39,460
in cash in fiscal year 2000 and $303,550 in cash in fiscal year 39,461
2001 by intrastate transfer voucher from appropriation item 39,462
763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS 39,463
Maintenance Fund.
Upon the request of the Director of Public Safety, the 39,465
Director of Budget and Management shall transfer up to $436,000 39,466
in cash in fiscal year 2000 and $432,447 in cash in fiscal year 39,467
2001 by intrastate transfer voucher from appropriation item 39,468
763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS 39,469
Operations Fund.
IFG State Match 39,471
The foregoing appropriation item 763-507, Individual and 39,473
Family Grants, shall be used to fund the state share of costs to 39,474
provide grants to individuals and families in cases of disaster. 39,475
Section 83. PUC PUBLIC UTILITIES COMMISSION OF OHIO 39,477
General Services Fund Group 39,479
5F6 870-622 Utility and Railroad 39,482
Regulation $ 25,207,000 $ 25,145,000 39,484
5F6 870-624 NARUC/NRRI Subsidy $ 167,233 $ 167,233 39,488
5F6 870-625 Motor Transportation 39,490
Regulation $ 4,239,287 $ 4,237,947 39,492
558 870-602 Salvage and Exchange $ 31,031 $ 31,775 39,496
TOTAL GSF General Services 39,497
Fund Group $ 29,644,551 $ 29,581,955 39,500
843
Federal Special Revenue Fund Group 39,503
333 870-601 Gas Pipeline Safety $ 441,208 $ 454,898 39,508
350 870-608 Motor Carrier Safety $ 4,028,483 $ 4,089,335 39,512
TOTAL FED Federal Special Revenue 39,513
Fund Group $ 4,469,691 $ 4,544,233 39,516
State Special Revenue Fund Group 39,519
4A3 870-614 Grade Crossing 39,522
Protection
Devices-State $ 1,242,480 $ 1,275,759 39,524
4L8 870-617 Pipeline Safety-State $ 164,789 $ 164,085 39,529
4S6 870-618 Hazardous Material 39,532
Registration $ 621,388 $ 626,809 39,534
4S6 870-621 Hazardous Materials 39,537
Base State
Registration $ 348,046 $ 356,399 39,539
4U8 870-620 Civil Forfeitures $ 250,009 $ 249,451 39,544
559 870-605 Public Utilities 39,546
Territorial
Administration $ 4,688 $ 4,801 39,548
560 870-607 Special Assessment $ 100,000 $ 100,000 39,552
561 870-606 Power Siting Board $ 300,000 $ 297,893 39,556
638 870-611 Biofuels/Municipal 39,558
Waste Technology $ 69,196 $ 69,908 39,560
661 870-612 Hazardous Materials 39,562
Transportation $ 800,000 $ 800,000 39,564
TOTAL SSR State Special Revenue 39,565
Fund Group $ 3,900,596 $ 3,945,105 39,568
Agency Fund Group 39,571
4G4 870-616 Base State 39,574
Registration Program $ 7,000,000 $ 7,000,000 39,576
TOTAL AGY Agency Fund Group $ 7,000,000 $ 7,000,000 39,579
TOTAL ALL BUDGET FUND GROUPS $ 45,014,838 $ 45,071,293 39,584
Elimination of Utility Forecasting Fund 39,587
On July 1, 1999, or as soon thereafter as possible, the 39,589
844
Director of Budget and Management shall transfer the cash balance 39,590
in the Utility Forecasting Fund (Fund 587) to the Public 39,591
Utilities Fund (Fund 5F6). The director shall cancel any 39,592
existing encumbrances against appropriation item 870-609, Utility
Forecasting (Fund 587), and reestablish them against 39,593
appropriation item 870-622, Utility and Railroad Regulation (Fund 39,594
5F6).
Grade Crossing Protection Program 39,596
In appropriation item 870-614, Grade Crossing Protection 39,598
Devices - State, as determined by the Director of Budget and 39,599
Management, the amounts necessary to reestablish prior-year 39,600
encumbrances are hereby appropriated. 39,601
Section 84. RAC STATE RACING COMMISSION 39,603
State Special Revenue Fund Group 39,605
5C4 875-607 Simulcast Horse 39,608
Racing Purse $ 13,664,161 $ 13,989,559 39,610
562 875-601 Thoroughbred Race 39,612
Fund $ 4,327,786 $ 4,431,653 39,614
563 875-602 Standardbred 39,616
Development Fund $ 1,816,934 $ 1,858,533 39,618
564 875-603 Quarterhorse 39,620
Development Fund $ 8,000 $ 8,000 39,622
565 875-604 Racing Commission 39,624
Operating $ 3,975,039 $ 4,012,502 39,626
TOTAL SSR State Special Revenue 39,627
Fund Group $ 23,791,920 $ 24,300,247 39,630
Holding Account Redistribution Fund Group 39,633
R21 875-605 Bond Reimbursements $ 212,900 $ 212,900 39,638
TOTAL 090 Holding Account 39,639
Redistribution
Fund Group $ 212,900 $ 212,900 39,642
TOTAL ALL BUDGET FUND GROUPS $ 24,004,820 $ 24,513,147 39,645
Section 85. DRC DEPARTMENT OF REHABILITATION AND 39,648
CORRECTION 39,649
845
General Revenue Fund 39,651
GRF 501-321 Institutional 39,653
Operations $ 751,512,763 $ 790,304,677 39,655
GRF 501-403 Prisoner Compensation $ 9,257,805 $ 9,654,376 39,659
GRF 501-405 Halfway House $ 31,948,765 $ 34,277,931 39,663
GRF 501-406 Lease Rental Payments $ 120,900,000 $ 129,500,000 39,667
GRF 501-407 Community 39,669
Nonresidential
Programs $ 15,986,812 $ 16,466,767 39,671
GRF 501-408 Community Misdemeanor 39,673
Programs $ 8,431,580 $ 8,676,220 39,675
GRF 501-501 Community Residential 39,677
Programs-CBCF $ 47,460,173 $ 52,859,374 39,680
GRF 502-321 Mental Health 39,682
Services $ 73,829,408 $ 75,809,266 39,684
GRF 503-321 Parole and Community 39,686
Operations $ 73,414,938 $ 73,040,275 39,688
GRF 504-321 Administrative 39,690
Operations $ 27,787,499 $ 28,016,367 39,692
GRF 505-321 Institution Medical 39,694
Services $ 122,883,126 $ 126,283,661 39,696
GRF 506-321 Institution Education 39,698
Services $ 22,753,530 $ 23,455,913 39,700
GRF 507-321 Institution Recovery 39,702
Services $ 6,337,366 $ 6,393,616 39,704
TOTAL GRF General Revenue Fund $1,312,503,765 $1,374,738,443 39,707
General Services Fund Group 39,709
4B0 501-601 Penitentiary Sewer 39,712
Treatment Facility
Services $ 1,414,841 $ 1,438,983 39,714
4D4 501-603 Prisoner Programs $ 19,401,160 $ 19,726,098 39,718
4L4 501-604 Transitional Control $ 374,648 $ 384,745 39,722
4S5 501-608 Education Services $ 3,957,494 $ 4,023,449 39,726
483 501-605 Property Receipts $ 346,822 $ 346,821 39,730
846
5H8 501-617 Offender Financial 39,732
Responsibility $ 406,627 $ 426,959 39,734
571 501-606 Training Academy 39,736
Receipts $ 69,903 $ 71,567 39,738
593 501-618 Laboratory Services $ 4,450,486 $ 4,673,010 39,742
TOTAL GSF General Services 39,743
Fund Group $ 30,421,981 $ 31,091,632 39,746
Federal Special Revenue Fund Group 39,748
3S1 501-615 Truth-In-Sentencing 39,751
Grants $ 15,000,000 $ 15,000,000 39,753
323 501-619 Federal Grants $ 11,190,999 $ 9,548,001 39,757
TOTAL FED Federal Special Revenue 39,758
Fund Group $ 26,190,999 $ 24,548,001 39,761
Intragovernmental Service Fund Group 39,764
148 501-602 Services and 39,767
Agricultural $ 95,133,830 $ 100,126,370 39,769
200 501-607 Ohio Penal Industries $ 46,292,000 $ 47,679,999 39,773
TOTAL ISF Intragovernmental 39,774
Service Fund Group $ 141,425,830 $ 147,806,369 39,777
TOTAL ALL BUDGET FUND GROUPS $1,510,542,575 $1,578,184,445 39,780
Halfway House 39,783
Of the foregoing appropriation item 501-405, Halfway House, 39,785
$50,000 in fiscal year 2000 shall be distributed directly to the 39,787
Oriana House.
Ohio Building Authority Lease Payments 39,789
The foregoing appropriation item 501-406, Lease Rental 39,791
Payments, shall be used for payments to the Ohio Building 39,793
Authority for the period July 1, 1999, to June 30, 2001, pursuant 39,794
to the primary leases and agreements for those buildings made 39,795
under Chapter 152. of the Revised Code in the amount of
$250,400,000 which are the source of funds pledged for bond 39,796
service charges on related obligations issued pursuant to Chapter 39,798
152. of the Revised Code.
Prisoner Compensation 39,800
847
Money from the foregoing appropriation item 501-403, 39,802
Prisoner Compensation, shall be transferred on a quarterly basis 39,803
by intrastate transfer voucher to Fund 148 for the purposes of 39,805
paying prisoner compensation. 39,806
Inmate Development Program 39,808
Of the foregoing appropriation item 503-321, Parole and 39,810
Community Operations, at least $30,000 in each fiscal year shall 39,811
be used for an inmate development program. 39,812
Section 86. RSC REHABILITATION SERVICES COMMISSION 39,814
General Revenue Fund 39,816
GRF 415-100 Personal Services $ 7,981,041 $ 7,865,107 39,821
GRF 415-401 Personal Care 39,823
Assistance $ 788,624 $ 807,551 39,825
GRF 415-402 Independent Living 39,827
Council $ 401,278 $ 410,909 39,829
GRF 415-403 Mental Health 39,831
Services $ 759,578 $ 777,807 39,833
GRF 415-404 MR/DD Services $ 1,335,275 $ 1,367,321 39,837
GRF 415-405 Vocational 39,839
Rehabilitation/Human
Services $ 568,620 $ 582,267 39,841
GRF 415-431 Office for People 39,843
with Brain Injury $ 197,921 $ 202,697 39,845
GRF 415-506 Services for People 39,847
with Disabilities $ 11,235,077 $ 11,531,180 39,849
GRF 415-508 Services for the Deaf $ 48,365 $ 49,526 39,853
GRF 415-509 Services for the 39,855
Elderly $ 380,602 $ 389,736 39,857
GRF 415-520 Independent Living 39,859
Services $ 61,492 $ 62,967 39,861
TOTAL GRF General Revenue Fund $ 23,757,873 $ 24,047,068 39,864
General Services Fund Group 39,867
4W5 415-606 Administrative 39,870
Expenses $ 17,263,146 $ 17,721,525 39,872
848
467 415-609 Business Enterprise 39,874
Operating Expenses $ 1,676,209 $ 1,723,110 39,876
TOTAL GSF General Services 39,877
Fund Group $ 18,939,355 $ 19,444,635 39,880
Federal Special Revenue Fund Group 39,883
3L1 415-601 Social Security 39,886
Personal Care
Assistance $ 3,453,086 $ 3,701,386 39,888
3L1 415-605 Social Security 39,890
Community Centers for
the Deaf $ 1,100,488 $ 1,100,488 39,892
3L1 415-607 Social Security 39,894
Administration Cost $ 143,887 $ 139,760 39,896
3L1 415-608 Social Security 39,898
Special
Programs/Assistance $ 2,513,818 $ 2,513,818 39,900
3L1 415-610 Social Security 39,902
Vocational
Rehabilitation $ 1,452,000 $ 1,452,000 39,904
3L1 415-614 Social Security 39,906
Independent Living $ 294,454 $ 294,454 39,908
3L4 415-611 Federal-Independent 39,910
Living Council $ 192,645 $ 198,039 39,912
3L4 415-612 Federal-Independent 39,914
Living Centers or
Services $ 551,791 $ 567,241 39,916
3L4 415-615 Federal - Supported 39,918
Employment $ 1,441,674 $ 1,441,674 39,920
3L4 415-617 Independent 39,922
Living/Vocational
Rehabilitation
Programs $ 450,000 $ 450,000 39,924
3T6 415-621 Human Services 39,926
Personal Care
849
Assistance $ 240,000 $ 240,000 39,928
317 415-620 Disability 39,930
Determination $ 63,511,419 $ 64,008,286 39,932
379 415-616 Federal-Vocational 39,934
Rehabilitation $ 114,858,693 $ 115,069,636 39,936
TOTAL FED Federal Special 39,937
Revenue Fund Group $ 190,203,955 $ 191,176,782 39,940
State Special Revenue Fund Group 39,942
4L1 415-619 Services for 39,944
Rehabilitation $ 3,474,278 $ 3,450,658 39,946
468 415-618 Third Party Funding $ 5,125,634 $ 4,934,666 39,950
TOTAL SSR State Special 39,951
Revenue Fund Group $ 8,599,912 $ 8,385,324 39,954
TOTAL ALL BUDGET FUND GROUPS $ 241,501,095 $ 243,053,809 39,957
Stand Concessions Fund--Crediting of Income 39,960
In crediting interest and other income earned on moneys 39,962
deposited in the Stand Concessions Fund (Fund 467), the Treasurer 39,963
of State and Director of Budget and Management shall ensure that 39,964
the requirements of section 3304.35 of the Revised Code are met. 39,965
Personal Care Assistance 39,967
The foregoing appropriation item 415-401, Personal Care 39,969
Assistance, shall be used in addition to the federal Social 39,970
Security reimbursement funds to provide personal care assistance 39,972
services. These funds shall not be used in lieu of the Social 39,973
Security reimbursement funds.
MR/DD Services 39,975
The foregoing appropriation item 415-404, MR/DD Services, 39,977
shall be used as state matching funds to provide vocational 39,978
rehabilitation services to mutually eligible clients between the 39,979
Rehabilitation Services Commission and the Department of Mental 39,981
Retardation and Developmental Disabilities. The Rehabilitation 39,982
Services Commission shall report to the Department of Mental 39,983
Retardation and Developmental Disabilities, as outlined in an 39,984
interagency agreement, on the number and status of mutually 39,985
850
eligible clients and the status of the funds and expenditures for 39,986
these clients.
Vocational Rehabilitation/Human Services 39,988
The foregoing appropriation item 415-405, Vocational 39,990
Rehabilitation/Human Services, shall be used as state matching 39,991
funds to provide vocational rehabilitation services to mutually 39,992
eligible clients between the Rehabilitation Services Commission 39,993
and the Department of Human Services. The Rehabilitation 39,994
Services Commission shall report to the Department of Human 39,995
Services, as outlined in an interagency agreement, on the number
and status of mutually eligible clients and the status of the 39,996
funds and expenditures for these clients. 39,997
Office for People with Brain Injury 39,999
Of the foregoing appropriation item 415-431, Office for 40,001
People with Brain Injury, $100,000 in each fiscal year shall be 40,002
used for the state match for a federal grant awarded through the 40,004
"Traumatic Brain Injury Act," Pub. L. No. 104-166. The remaining 40,005
appropriation in this item shall be used to plan and coordinate 40,006
head-injury-related services provided by state agencies and other 40,007
government or private entities, to assess the needs for such 40,008
services, and to set priorities in this area. 40,009
Services for the Deaf 40,011
The foregoing appropriation item 415-508, Services for the 40,013
Deaf, shall be used to supplement the federal Social Security 40,014
reimbursement funds used to provide grants to community centers 40,015
for the deaf. These funds shall not be used in lieu of Social 40,016
Security reimbursement funds. 40,017
Services for the Elderly 40,019
The foregoing appropriation item 415-509, Services for the 40,021
Elderly, shall be used as matching funds for vocational 40,022
rehabilitation services for eligible elderly citizens with a 40,023
disability. 40,024
Social Security Reimbursement Funds 40,026
Reimbursement funds received from the Social Security 40,028
851
Administration, United States Department of Health and Human 40,029
Services, for the costs of providing services and training to 40,030
return disability recipients to gainful employment, shall be used 40,031
in the Social Security Reimbursement Fund (Fund 3L1), as follows: 40,033
(A) Appropriation item 415-601, Social Security Personal 40,035
Care Assistance, to provide personal care services in accordance 40,037
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-605, Social Security Community 40,039
Centers for the Deaf, to provide grants to community centers for 40,041
the deaf in Ohio for services to individuals with hearing 40,042
impairments;
(C) Appropriation item 415-607, Social Security 40,044
Administration Cost, to provide administrative services needed to 40,046
administer the Social Security reimbursement program; 40,047
(D) Appropriation item 415-610, Social Security Vocational 40,049
Rehabilitation, to provide vocational rehabilitation services to 40,050
individuals with severe disabilities to achieve a noncompetitive 40,051
employment goal such as homemaker;
(E) Appropriation item 415-608, Social Security Special 40,053
Programs/Assistance, to provide vocational rehabilitation 40,054
services to individuals with severe disabilities, who are Social 40,055
Security beneficiaries, to achieve competitive employment. This 40,056
item also includes funds to assist the Personal Care Assistance, 40,057
Community Centers for the Deaf, and Independent Living programs
to pay their share of indirect costs as mandated by federal OMB 40,058
Circular A-87. 40,059
Administrative Expenses 40,061
The foregoing appropriation item 415-606, Administrative 40,063
Expenses, shall be used to support the administrative functions 40,064
of the commission related to the provision of vocational 40,065
rehabilitation, disability determination services, and ancillary 40,066
programs.
Independent Living Council 40,068
The foregoing appropriation items 415-402, Independent 40,070
852
Living Council, and 415-611, Federal-Independent Living Council, 40,071
shall be used to fund the operations of the State Independent 40,072
Living Council.
Mental Health Services 40,074
The foregoing appropriation item 415-403, Mental Health 40,076
Services, shall be used for the provision of vocational 40,077
rehabilitation services to mutually eligible consumers of the 40,078
Rehabilitation Services Commission and the Department of Mental 40,080
Health.
The Department of Mental Health shall receive a quarterly 40,082
report from the Rehabilitation Services Commission stating the 40,083
numbers served, numbers placed in employment, average hourly 40,085
wage, and average hours worked.
Independent Living Services 40,087
The foregoing appropriation items 415-520, Independent 40,089
Living Services, and 415-612, Federal-Independent Living Centers 40,090
or Services, shall be used to support state independent living 40,091
centers or independent living services pursuant to Title VII of 40,092
the "Independent Living Services and Centers for Independent 40,094
Living of the Rehabilitation Act Amendments of 1992," 106 Stat.
4344, 29 U.S.C.A. 796d. 40,095
Independent Living/Vocational Rehabilitation Programs 40,097
The foregoing appropriation item 415-617, Independent 40,099
Living/Vocational Rehabilitation Programs, shall be used to 40,100
support vocational rehabilitation programs, including, but not 40,101
limited to, Projects with Industry and Training Grants. 40,102
Human Services Personal Care Assistance 40,104
The foregoing appropriation item 415-621, Human Services 40,106
Personal Care Assistance, shall be used for two pilot projects, 40,107
one in Franklin County and one in Cuyahoga County, to place 25 40,108
TANF-eligible persons into jobs as personal care assistants. 40,109
Section 87. RCB RESPIRATORY CARE BOARD 40,111
General Services Fund Group 40,113
4K9 872-609 Operating Expenses $ 266,576 $ 271,144 40,118
853
TOTAL GSF General Services 40,119
Fund Group $ 266,576 $ 271,144 40,122
TOTAL ALL BUDGET FUND GROUPS $ 266,576 $ 271,144 40,125
Section 88. REVENUE DISTRIBUTION FUNDS 40,128
Volunteer Firemen's Dependents Fund 40,130
085 800-900 Volunteer Firemen's 40,133
Dependents Fund $ 200,000 $ 200,000 40,135
TOTAL 085 Volunteer Firemen's 40,136
Dependents Fund $ 200,000 $ 200,000 40,139
Agency Fund Group 40,140
062 110-900 Resort Area Excise 40,142
Tax $ 250,000 $ 250,000 40,144
063 110-900 Permissive Tax 40,146
Distribution $1,291,217,300 $1,342,814,000 40,148
067 110-900 School District 40,150
Income Tax Fund $ 145,000,000 $ 155,000,000 40,152
4P8 001-698 Cash Management 40,154
Improvement Fund $ 2,000,000 $ 2,000,000 40,156
608 001-699 Investment Earnings $ 345,000,000 $ 345,000,000 40,160
TOTAL AGY Agency Fund Group $1,783,467,300 $1,845,064,000 40,163
International Fuel Tax Distribution Fund 40,165
R45 110-617 International Fuel 40,168
Tax Distribution $ 44,100,000 $ 44,100,000 40,170
TOTAL R45 International Fuel Tax $ 44,100,000 $ 44,100,000 40,173
Distribution Fund
Revenue Distribution Fund Group 40,174
049 038-900 Indigent Drivers 40,176
Alcohol Treatment $ 1,900,000 $ 1,900,000 40,178
050 762-900 International 40,180
Registration Plan
Distribution $ 45,000,000 $ 47,250,000 40,182
051 762-901 Auto Registration 40,184
Distribution Fund $ 448,300,000 $ 448,300,000 40,186
854
060 110-900 Gasoline Excise Tax 40,188
Fund $ 110,977,700 $ 113,752,100 40,190
064 110-900 Local Government 40,192
Revenue Assistance $ 93,211,200 $ 97,797,000 40,194
065 110-900 Library/Local 40,196
Government Support
Fund $ 443,933,100 $ 472,336,200 40,198
066 800-900 Undivided Liquor 40,200
Permit Fund $ 13,300,000 $ 13,300,000 40,202
068 110-900 State/Local 40,204
Government Highway
Distribution Fund $ 222,487,300 $ 228,049,500 40,206
069 110-900 Local Government Fund $ 663,478,400 $ 695,579,000 40,210
082 110-900 Horse Racing Tax Fund $ 250,000 $ 250,000 40,214
083 700-900 Ohio Fairs Fund $ 3,000,000 $ 3,000,000 40,218
TOTAL RDF Revenue Distribution 40,219
Fund Group $2,045,837,700 $2,121,513,800 40,222
TOTAL ALL BUDGET FUND GROUPS $3,873,605,000 $4,010,877,800 40,225
Distribution of Horse Racing Tax Fund 40,228
Notwithstanding division (K) of section 3769.08 of the 40,230
Revised Code, for fiscal years 2000 and 2001, the Tax 40,231
Commissioner shall provide for payment to the treasurer of each 40,232
agricultural society the amount of taxes collected under this 40,233
section upon racing conducted at and during the course of any
exposition or fair conducted by such society. 40,234
Additional Appropriations 40,236
Appropriation line items in this section are to be used for 40,238
the purpose of administering and distributing the designated 40,239
revenue distributions fund according to the Revised Code. If it 40,240
is determined that additional appropriations are necessary, such 40,241
amounts are hereby appropriated. 40,242
Section 89. SAN BOARD OF SANITARIAN REGISTRATION 40,244
General Services Fund Group 40,246
4K9 893-609 Operating Expenses $ 102,534 $ 102,252 40,251
855
TOTAL GSF General Services 40,252
Fund Group $ 102,534 $ 102,252 40,255
TOTAL ALL BUDGET FUND GROUPS $ 102,534 $ 102,252 40,258
Section 90. SOS SECRETARY OF STATE 40,261
General Revenue Fund 40,263
GRF 050-321 Operating Expenses $ 7,594,550 $ 7,724,452 40,268
GRF 050-403 Election Statistics $ 133,000 $ 150,000 40,272
GRF 050-407 Pollworkers Training $ 175,000 $ 290,000 40,276
GRF 050-409 Litigation 40,278
Expenditures $ 26,750 $ 26,750 40,280
TOTAL GRF General Revenue Fund $ 7,929,300 $ 8,191,202 40,283
General Services Fund Group 40,285
4B9 050-608 Campaign Finance Disk 40,288
Sales $ 1,000 $ 1,000 40,290
4S8 050-610 Board of Voting 40,292
Machine Examiners $ 7,200 $ 7,200 40,294
413 050-601 Information Systems $ 181,900 $ 150,000 40,298
414 050-602 Citizen Education 40,300
Fund $ 30,000 $ 30,000 40,302
TOTAL General Services Fund Group $ 220,100 $ 188,200 40,305
State Special Revenue Fund Group 40,307
599 050-603 Business Services 40,310
Operating Expenses $ 5,200,000 $ 5,200,000 40,312
TOTAL SSR State Special Revenue 40,313
Fund Group $ 5,200,000 $ 5,200,000 40,316
Holding Account Redistribution Fund Group 40,318
R01 050-605 Uniform Commercial 40,321
Code Refunds $ 65,000 $ 65,000 40,323
R02 050-606 Corporate/Business 40,325
Filing Refunds $ 185,000 $ 185,000 40,327
TOTAL 090 Holding Account 40,328
Redistribution Fund Group $ 250,000 $ 250,000 40,331
TOTAL ALL BUDGET FUND GROUPS $ 13,599,400 $ 13,829,402 40,334
Board of Voting Machine Examiners 40,337
856
The foregoing appropriation item 050-610, Board of Voting 40,339
Machine Examiners, shall be used to pay for the services and 40,340
expenses of the members of the Board of Voting Machine Examiners, 40,341
and for other expenses which are authorized to be paid from the 40,342
Board of Voting Machine Examiners Fund which is created in
section 3506.05 of the Revised Code. Moneys not used shall be 40,343
returned to the person or entity submitting the equipment for 40,344
examination. If it is determined that additional appropriations 40,345
are necessary, such amounts are hereby appropriated. 40,346
Holding Account Redistribution Group 40,348
The foregoing appropriation items 050-605 and 050-606, 40,350
Holding Account Redistribution Fund Group, shall be used to hold 40,351
revenues until they are directed to the appropriate accounts or 40,352
until they are refunded. If it is determined that additional 40,353
appropriations are necessary, such amounts are hereby 40,354
appropriated.
Section 91. SEN THE OHIO SENATE 40,356
General Revenue Fund 40,358
GRF 020-321 Operating Expenses $ 11,289,045 $ 11,289,045 40,363
TOTAL GRF General Revenue Fund $ 11,289,045 $ 11,289,045 40,366
General Services Fund Group 40,368
102 020-602 Senate Reimbursement $ 402,744 $ 402,744 40,373
409 020-601 Miscellaneous Sales $ 30,980 $ 30,980 40,377
TOTAL GSF General Services 40,378
Fund Group $ 433,724 $ 433,724 40,381
TOTAL ALL BUDGET FUND GROUPS $ 11,722,769 $ 11,722,769 40,384
Section 92. CSF COMMISSIONERS OF THE SINKING FUND 40,387
General Revenue Fund 40,389
GRF 155-900 Debt Service $ 18,555,000 $ 23,460,000 40,394
TOTAL GRF General Revenue Fund $ 18,555,000 $ 23,460,000 40,397
Debt Service Fund Group 40,399
071 155-900 Highway Obligations 40,402
Bond Retirement Fund $ 53,642,000 $ 51,636,000 40,404
857
072 155-900 Highway Capital 40,406
Improvements Bond
Retirement Fund $ 84,640,000 $ 103,200,000 40,408
073 155-900 Natural Resources 40,410
Bond Retirement $ 12,865,000 $ 15,700,000 40,412
076 155-900 Coal Research and 40,414
Development Bond
Retirement Fund $ 5,690,000 $ 7,760,000 40,416
TOTAL DSF Debt Service Fund Group $ 156,837,000 $ 178,296,000 40,419
TOTAL ALL BUDGET FUND GROUPS $ 175,392,000 $ 201,756,000 40,422
Additional Appropriations 40,424
Appropriation items in this section are for the purpose of 40,426
paying the principal and interest on bonds or other instruments 40,427
of indebtedness of this state issued pursuant to the Ohio 40,428
Constitution and acts of the General Assembly. If it is 40,429
determined that additional appropriations are necessary, such 40,430
amounts are hereby appropriated. 40,431
Section 93. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY 40,433
& AUDIOLOGY 40,434
General Services Fund Group 40,436
4K9 886-609 Operating Expenses $ 328,710 $ 325,685 40,440
TOTAL GSF General Services 40,441
Fund Group $ 328,710 $ 325,685 40,444
TOTAL ALL BUDGET FUND GROUPS $ 328,710 $ 325,685 40,447
Section 94. SLG STATE AND LOCAL GOVERNMENT 40,450
COMMISSION OF OHIO 40,451
General Revenue Fund 40,453
GRF 046-321 Operating Expenses $ 258,143 $ 264,713 40,458
TOTAL GRF General Revenue Fund $ 258,143 $ 264,713 40,461
TOTAL ALL BUDGET FUND GROUPS $ 258,143 $ 264,713 40,464
Section 95. BTA BOARD OF TAX APPEALS 40,467
General Revenue Fund 40,469
GRF 116-100 Personal Services $ 2,345,663 $ 2,259,296 40,474
GRF 116-200 Maintenance $ 130,350 $ 137,084 40,478
858
GRF 116-300 Equipment $ 6,965 $ 35,275 40,482
TOTAL GRF General Revenue Fund $ 2,482,978 $ 2,431,655 40,485
General Services Fund Group 40,488
439 116-602 Reproduction of 40,491
Decisions $ 10,000 $ 10,300 40,493
TOTAL GSF General Services 40,494
Fund Group $ 10,000 $ 10,300 40,497
TOTAL ALL BUDGET FUND GROUPS $ 2,492,978 $ 2,441,955 40,500
Section 96. TAX DEPARTMENT OF TAXATION 40,503
General Revenue Fund 40,505
GRF 110-100 Personal Services $ 73,181,779 $ 71,709,270 40,510
GRF 110-200 Maintenance $ 12,891,094 $ 13,200,480 40,514
GRF 110-300 Equipment $ 4,636,933 $ 4,748,219 40,518
GRF 110-410 Energy Credit 40,520
Administration $ 697,653 $ 694,814 40,522
GRF 110-412 Child Support 40,524
Administration $ 58,872 $ 60,285 40,526
GRF 110-506 Utility Bill Credits $ 7,500,000 $ 7,500,000 40,530
GRF 110-901 Property Tax 40,532
Allocation-Taxation $ 342,000,000 $ 362,140,000 40,534
GRF 110-906 Tangible Tax 40,536
Exemption - Taxation $ 28,000,000 $ 29,000,000 40,539
TOTAL GRF General Revenue Fund $ 468,966,331 $ 489,053,068 40,542
Agency Fund Group 40,544
425 110-635 Tax Refunds $1,041,325,000 $1,024,575,000 40,549
TOTAL AGY Agency Fund Group $1,041,325,000 $1,024,575,000 40,552
General Services Fund Group 40,555
433 110-602 Tape File Account $ 85,172 $ 87,557 40,560
TOTAL GSF General Services 40,561
Fund Group $ 85,172 $ 87,557 40,564
State Special Revenue Fund Group 40,567
4C6 110-616 International 40,570
Registration Plan $ 588,652 $ 622,127 40,572
859
4R6 110-610 Tire Tax 40,574
Administration $ 146,661 $ 150,768 40,576
435 110-607 Local Tax 40,578
Administration $ 10,846,962 $ 11,108,705 40,580
436 110-608 Motor Vehicle Audit $ 1,525,384 $ 1,569,645 40,584
437 110-606 Litter Tax and 40,586
Natural Resource Tax
Administration $ 1,340,059 $ 1,374,701 40,588
438 110-609 School District 40,590
Income Tax $ 2,657,080 $ 2,711,122 40,592
639 110-614 Cigarette Tax 40,594
Enforcement $ 147,891 $ 151,711 40,596
642 110-613 Ohio Political Party 40,598
Distributions $ 800,000 $ 800,000 40,600
688 110-615 Local Excise Tax 40,602
Administration $ 335,218 $ 343,721 40,604
TOTAL SSR State Special Revenue 40,605
Fund Group $ 18,387,907 $ 18,832,500 40,608
Federal Special Revenue Fund Group 40,611
3J6 110-601 Motor Fuel Compliance $ 78,817 $ 50,000 40,616
3J7 110-603 International Fuel 40,618
Tax Agreement $ 92,471 $ 80,000 40,620
TOTAL FED Federal Special Revenue 40,621
Fund Group $ 171,288 $ 130,000 40,624
Holding Account Redistribution Fund Group 40,627
R10 110-611 Tax Distributions $ 200,000 $ 200,000 40,632
R11 110-612 Miscellaneous Income 40,634
Tax Receipts $ 500,000 $ 500,000 40,636
TOTAL 090 Holding Account 40,637
Redistribution Fund Group $ 700,000 $ 700,000 40,640
TOTAL ALL BUDGET FUND GROUPS $1,529,635,698 $1,533,378,125 40,643
Litter Control Tax Administration Fund 40,646
Notwithstanding section 5733.12 of the Revised Code, during 40,648
the period from July 1, 1999, to June 30, 2000, the amount of 40,649
860
$1,340,059, and during the period from July 1, 2000, to June 30, 40,650
2001, the amount of $1,374,701, received by the Treasurer of 40,651
State under Chapter 5733. of the Revised Code, shall be credited 40,652
to the Litter Control Tax Administration Fund (Fund 437). The
Director of Budget and Management shall provide the Treasurer of 40,653
State with a monthly schedule in accordance with which the 40,654
amounts shall be credited.
International Registration Plan Audit 40,656
The foregoing appropriation item 110-616, International 40,658
Registration Plan, shall be used pursuant to section 5703.12 of 40,659
the Revised Code for audits of persons with vehicles registered 40,661
under the International Registration Plan. 40,662
Homestead Exemption, Property Tax Rollback, and Tangible 40,664
Tax Exemption 40,665
The appropriation item 110-901, Property Tax Allocation - 40,667
Taxation, made to the Department of Taxation, is appropriated to 40,668
pay for the state's costs incurred due to the Homestead Exemption 40,669
and the Property Tax Rollback. The Tax Commissioner shall 40,670
distribute these funds directly to the appropriate local taxing 40,671
districts of the state, except for school districts,
notwithstanding the provisions in sections 321.24 and 323.156 of 40,672
the Revised Code, which provide for payment of the Homestead 40,673
Exemption and Property Tax Rollback by the Tax Commissioner to 40,674
the appropriate county treasurer and the subsequent 40,675
redistribution of these funds to the appropriate local taxing
districts by the county auditor. 40,676
The appropriation item 110-906, Tangible Tax Exemption - 40,678
Taxation, made to the Department of Taxation, is appropriated to 40,679
pay for the state's costs incurred due to the tangible personal 40,680
property tax exemption required by division (C)(3) of section 40,681
5709.01 of the Revised Code. The Tax Commissioner shall
distribute to each county treasurer the total amount certified by 40,682
the county treasurer pursuant to section 319.311 of the Revised 40,683
Code for all local taxing districts located in the county except 40,684
861
for school districts, notwithstanding the provision in section 40,685
319.311 of the Revised Code which provides for payment of the 40,686
$10,000 tangible personal property tax exemption by the Tax
Commissioner to the appropriate county treasurer for all local 40,687
taxing districts located in the county including school 40,688
districts. Pursuant to division (G) of section 321.24 of the 40,689
Revised Code, the county auditor shall distribute the amount paid 40,690
by the Tax Commissioner among the appropriate local taxing 40,691
districts except for school districts.
Upon receipt of these amounts, each local taxing district 40,693
shall distribute the amount among the proper funds as if it had 40,694
been paid as real or tangible personal property taxes. Payments 40,695
for the costs of administration shall continue to be paid to the 40,696
county treasurer and county auditor as provided for in sections 40,697
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 40,699
appropriated in appropriation items 110-901, Property Tax 40,700
Allocation - Taxation, for the Homestead Exemption and the 40,701
Property Tax Rollback payments, and 110-906, Tangible Tax 40,702
Exemption, for the $10,000 tangible personal property tax
exemption payments, which are determined to be necessary for 40,703
these purposes, are hereby appropriated. 40,704
Section 97. DOT DEPARTMENT OF TRANSPORTATION 40,706
Transportation Modes 40,707
General Revenue Fund 40,709
GRF 775-451 Public Transportation 40,712
- State $ 27,970,941 $ 28,589,210 40,714
GRF 775-453 Waterfront Line Lease 40,716
Payments - State $ 1,781,000 $ 1,786,000 40,718
GRF 775-456 Public 40,720
Transportation/
Discretionary Capital $ 3,375,900 $ 3,456,922 40,723
GRF 775-458 Elderly and Disabled 40,725
Fare Assistance $ 3,285,159 $ 3,364,000 40,727
862
GRF 776-465 Ohio Rail Development 40,729
Commission $ 5,805,000 $ 5,780,800 40,731
GRF 777-471 Airport Improvements 40,733
- State $ 2,665,000 $ 2,679,525 40,735
GRF 777-473 Rickenbacker Lease 40,737
Payments - State $ 995,000 $ 997,000 40,739
TOTAL GRF General Revenue Fund $ 45,878,000 $ 46,653,457 40,742
Federal Special Revenue Fund Group 40,745
3B9 776-662 Rail Transportation - 40,748
Federal $ 1,000,000 $ 1,000,000 40,750
TOTAL FSR Federal Special Revenue 40,751
Fund Group $ 1,000,000 $ 1,000,000 40,754
State Special Revenue Fund Group 40,757
4N4 776-663 Panhandle Lease 40,760
Payments $ 769,000 $ 770,000 40,762
4N4 776-664 Rail Transportation - 40,764
Other $ 500,000 $ 500,000 40,766
TOTAL SSR State Special Revenue 40,767
Fund Group $ 1,269,000 $ 1,270,000 40,770
TOTAL ALL BUDGET FUND GROUPS $ 48,147,000 $ 48,923,457 40,773
Geauga County Airport Authority 40,776
Of the foregoing appropriation item 777-471, Airport 40,778
Improvements - State, $30,000 in fiscal year 2000 shall be used 40,779
to support the Geauga County Airport Authority. 40,780
Aviation Lease Payments 40,782
The foregoing appropriation item 777-473, Rickenbacker 40,784
Lease Payments - State, shall be used to meet scheduled payments 40,785
for the Rickenbacker Port Authority. The Director of 40,786
Transportation shall certify to the Director of Budget and 40,787
Management any appropriations in appropriation item 777-473, 40,788
Rickenbacker Lease Payments - State, that are not needed to make 40,789
lease payments for the Rickenbacker Port Authority. 40,790
Notwithstanding section 127.14 of the Revised Code, the amount 40,791
certified may be transferred by the Director of Budget and 40,792
863
Management to appropriation item 777-471, Airport Improvements - 40,793
State.
Transfer of Appropriations - Public Transportation 40,795
The Director of Budget and Management may approve requests 40,797
from the Department of Transportation for the transfer of 40,798
appropriations among appropriation item 775-451, Public 40,799
Transportation - State, appropriation item 775-456, Public
Transportation/Discretionary Capital, and appropriation item 40,800
775-458, Elderly and Disabled Fare Assistance. Transfers among 40,801
appropriation items shall be made upon the written request of the 40,803
Director of Transportation with the approval of the Director of 40,805
Budget and Management. Such transfers shall be reported to the 40,806
Controlling Board at the next regularly scheduled meeting of the 40,807
board.
Section 98. TOS TREASURER OF STATE 40,809
General Revenue Fund 40,811
GRF 090-321 Operating Expenses $ 7,776,686 $ 7,307,833 40,816
GRF 090-401 Commissioners of the 40,818
Sinking Fund $ 370,530 $ 381,400 40,820
GRF 090-402 Continuing Education $ 413,278 $ 442,207 40,824
GRF 090-510 PERS Cost of Living $ 136 $ 100 40,828
GRF 090-511 STRS Cost of Living $ 1,400 $ 1,200 40,832
GRF 090-512 SERS Cost of Living $ 600 $ 600 40,836
GRF 090-520 PERS Pension Benefits $ 77,470 $ 25,850 40,840
GRF 090-521 STRS Pension Benefits $ 320,000 $ 300,000 40,844
GRF 090-522 SERS Pension Benefits $ 80,000 $ 67,000 40,848
GRF 090-523 Highway Patrol 40,850
Retirement System $ 4,156 $ 4,050 40,852
GRF 090-524 Police and Fire 40,854
Disability Pension $ 50,000 $ 45,000 40,856
GRF 090-530 PERS Ad Hoc Cost of 40,858
Living $ 616,410 $ 472,897 40,860
GRF 090-531 STRS Ad Hoc Cost of 40,862
Living $ 1,600,000 $ 1,500,000 40,864
864
GRF 090-532 SERS Ad Hoc Cost of 40,866
Living $ 236,000 $ 213,000 40,868
GRF 090-533 Hwy Patrol Ad Hoc 40,870
Cost of Living $ 24,990 $ 24,800 40,872
GRF 090-534 Police & Fire Ad Hoc 40,874
Cost of Living $ 325,000 $ 300,000 40,876
GRF 090-544 Police and Fire State 40,878
Contribution $ 1,200,000 $ 1,200,000 40,880
GRF 090-554 Police and Fire 40,882
Survivor Benefits $ 1,740,000 $ 1,670,000 40,884
GRF 090-575 Police and Fire Death 40,886
Benefits $ 19,500,000 $ 20,800,000 40,888
GRF 090-900 Debt Service $ 122,500,000 $ 132,365,000 40,892
TOTAL GRF General Revenue Fund $ 156,836,656 $ 167,120,937 40,895
General Services Fund Group 40,898
182 090-608 Financial Planning 40,901
Commissions $ 12,000 $ 12,000 40,903
4E9 090-603 Securities Lending 40,905
Income Fund $ 5,185,804 $ 6,169,140 40,907
4NO 090-611 Treasury Education 40,909
Fund $ 27,500 $ 27,500 40,911
577 090-605 Investment Pool 40,913
Reimbursement $ 1,000,000 $ 750,000 40,915
605 090-609 Treasurer of State 40,917
Administrative Fund $ 850,000 $ 600,000 40,919
TOTAL GSF General Services 40,920
Fund Group $ 7,075,304 $ 7,558,640 40,923
Debt Service Fund Group 40,926
077 090-900 Capital Improvements 40,929
Bond Service $ 122,500,000 $ 132,365,000 40,931
TOTAL DSF Debt Service Fund Group $ 122,500,000 $ 132,365,000 40,934
State Special Revenue Fund Group 40,936
5C5 090-602 County Treasurer 40,939
Education $ 110,000 $ 110,000 40,941
865
TOTAL SSR State Special Revenue 40,942
Fund Group $ 110,000 $ 110,000 40,945
TOTAL ALL BUDGET FUND GROUPS $ 286,521,960 $ 307,154,577 40,948
Section 98.01. Commissioners of the Sinking Fund 40,951
The foregoing appropriation item 090-401, Commissioners of 40,953
the Sinking Fund, shall be used for all costs incurred by order 40,954
of, or on behalf of, the Commissioners of the Sinking Fund, with 40,955
respect to the issuance and sale of bonds or other obligations, 40,956
including, but not limited to, engraving, printing, advertising, 40,957
and other related outlays. The General Revenue Fund shall be 40,958
reimbursed for such costs on intrastate transfer voucher drawn by 40,960
the Commissioners of the Sinking Fund, pursuant to a
certification by the Treasurer of State of the actual amounts 40,962
used. The amounts necessary to make such reimbursements are 40,963
hereby appropriated from the bond retirement funds created by the 40,964
laws and Constitution of this state to the extent such costs are 40,965
incurred.
Capital Improvements Bond Service 40,967
The foregoing appropriation item 090-900, Capital 40,969
Improvements Bond Service, shall be used for the purpose of 40,970
paying the principal and interest on General Obligation 40,971
Infrastructure Improvement Bonds issued pursuant to the Ohio 40,972
Constitution and acts of the General Assembly. If it is 40,973
determined that additional appropriations are necessary, such 40,974
amounts are hereby appropriated. 40,975
Section 98.02. Police and Firemen's Death Benefit Fund 40,978
The foregoing appropriation item 090-575, Police and Fire 40,980
Death Benefits, shall be disbursed by the Treasurer of State in 40,981
quarterly payments at the beginning of each quarter to the Board 40,982
of Trustees of the Police and Firemen's Disability and Pension 40,983
Fund. By June 20 of each year, the Board of Trustees of the 40,984
Police and Firemen's Disability and Pension Fund shall certify to 40,985
the Treasurer of State the amount disbursed in each quarter of 40,986
the current fiscal year to make the payments required by section 40,987
866
742.63 of the Revised Code and shall return to the Treasurer of 40,988
State moneys received from this item but not disbursed. 40,989
Section 99. UST PETROLEUM UNDERGROUND STORAGE TANK 40,991
RELEASE COMPENSATION BOARD 40,992
State Special Revenue Fund Group 40,994
691 810-632 PUSTRCB Staff $ 908,000 $ 927,924 40,999
TOTAL SSR State Special Revenue 41,000
Fund Group $ 908,000 $ 927,924 41,003
TOTAL ALL BUDGET FUND GROUPS $ 908,000 $ 927,924 41,006
Section 100. OVH OHIO VETERANS' HOME 41,009
General Revenue Fund 41,011
GRF 430-100 Personal Services $ 13,756,623 $ 13,678,901 41,016
GRF 430-200 Maintenance $ 5,077,497 $ 5,259,631 41,020
TOTAL GRF General Revenue Fund $ 18,834,120 $ 18,938,532 41,023
Federal Special Revenue Fund Group 41,026
3L2 430-601 Federal Grants $ 7,949,495 $ 7,949,495 41,031
TOTAL FED Federal Special Revenue 41,032
Fund Group $ 7,949,495 $ 7,949,495 41,035
State Special Revenue Fund Group 41,038
4E2 430-602 Veterans Home 41,041
Operating $ 4,400,000 $ 4,300,000 41,043
484 430-603 Rental and Service 41,045
Revenue $ 102,300 $ 104,755 41,047
604 430-604 Veterans Home 41,049
Improvement $ 593,175 $ 607,411 41,051
TOTAL SSR State Special Revenue 41,052
Fund Group $ 5,095,475 $ 5,012,166 41,055
TOTAL ALL BUDGET FUND GROUPS $ 31,879,090 $ 31,900,193 41,058
Section 101. VET VETERANS' ORGANIZATIONS 41,061
General Revenue Fund 41,063
VAP AMERICAN EX-PRISONERS OF WAR 41,064
GRF 743-501 State Support $ 24,444 $ 25,030 41,069
VAN ARMY AND NAVY UNION, USA, INC. 41,071
GRF 746-501 State Support $ 53,723 $ 55,012 41,076
867
VKW KOREAN WAR VETERANS 41,078
GRF 747-501 State Support $ 48,294 $ 49,453 41,083
VJW JEWISH WAR VETERANS 41,085
GRF 748-501 State Support $ 29,018 $ 29,715 41,090
VCW CATHOLIC WAR VETERANS 41,092
GRF 749-501 State Support $ 56,631 $ 57,990 41,097
VPH MILITARY ORDER OF THE PURPLE HEART 41,099
GRF 750-501 State Support $ 55,056 $ 56,377 41,104
VVV VIETNAM VETERANS OF AMERICA 41,106
GRF 751-501 State Support $ 177,947 $ 185,954 41,111
VAL AMERICAN LEGION OF OHIO 41,113
GRF 752-501 State Support $ 241,462 $ 252,328 41,118
VII VETERANS OF WORLD WAR II-KOREA-VIETNAM 41,120
GRF 753-501 State Support $ 708,535 $ 217,919 41,125
VAV DISABLED AMERICAN VETERANS 41,127
GRF 754-501 State Support $ 159,146 $ 166,308 41,132
VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO 41,134
GRF 755-501 State Support $ 4,127 $ 4,226 41,139
VMC MARINE CORPS LEAGUE 41,141
GRF 756-501 State Support $ 82,270 $ 85,972 41,146
V37 37TH DIVISION AEF VETERANS' ASSOCIATION 41,148
GRF 757-501 State Support $ 5,807 $ 5,946 41,153
VFW VETERANS OF FOREIGN WARS 41,155
GRF 758-501 State Support $ 163,846 $ 196,615 41,160
VWI VETERANS OF WORLD WAR I 41,162
GRF 759-501 State Support $ 24,444 $ 25,030 41,167
TOTAL GRF General Revenue Fund $ 1,834,750 $ 1,413,875 41,170
TOTAL ALL BUDGET FUND GROUPS $ 1,834,750 $ 1,413,875 41,173
Release of Funds 41,176
The foregoing appropriation items 743-501, 746-501, 41,178
747-501, 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 41,179
754-501, 755-501, 756-501, 757-501, 758-501, and 759-501, State 41,180
Support, shall be released upon approval by the Director of 41,181
Budget and Management.
868
American Ex-Prisoners of War 41,183
The American Ex-Prisoners of War shall be permitted to 41,185
share an office with the Veterans of World War I. 41,186
Central Ohio United Services Organization 41,188
Of the foregoing appropriation item 751-501, State Support, 41,190
Vietnam Veterans of America, $50,000 in each fiscal year shall be 41,192
used to support the activities of the Central Ohio USO. 41,193
National World War II Memorial Fund 41,195
Of the foregoing appropriation item 753-501, State Support, 41,197
Veterans of World War II-Korea-Vietnam, $500,000 in fiscal year 41,198
2000 shall be used for the contribution to the National World War 41,199
II Memorial Fund.
Section 102. DVM STATE VETERINARY MEDICAL BOARD 41,201
General Services Fund Group 41,203
4K9 888-609 Operating Expenses $ 476,815 $ 470,773 41,208
TOTAL GSF General Services 41,209
Fund Group $ 476,815 $ 470,773 41,212
TOTAL ALL BUDGET FUND GROUPS $ 476,815 $ 470,773 41,215
Section 103. WPR WOMEN'S POLICY AND RESEARCH COMMISSION 41,218
General Revenue Fund 41,220
GRF 920-321 Operating Expenses $ 256,395 $ 256,836 41,225
TOTAL GRF General Revenue Fund $ 256,395 $ 256,836 41,228
State Special Revenue Fund Group 41,231
4V9 920-602 Women's Policy and 41,234
Research Commission
Fund $ 5,000 $ 5,000 41,236
TOTAL SSR State Special Revenue 41,237
Fund Group $ 5,000 $ 5,000 41,240
TOTAL ALL BUDGET FUND GROUPS $ 261,395 $ 261,836 41,243
Women's Policy and Research Commission Spending Review 41,246
The Women's Policy and Research Commission shall explore, 41,248
with The Ohio State University or any other state university, 41,249
better options for utilizing state resources provided to the 41,250
commission. The commission shall make spending efficiency 41,251
869
recommendations to the Governor and the General Assembly by June
30, 2000. 41,252
Section 104. DYS DEPARTMENT OF YOUTH SERVICES 41,254
General Revenue Fund 41,256
GRF 470-401 RECLAIM Ohio $ 148,076,420 $ 156,067,444 41,261
GRF 470-402 Community Program 41,263
Services $ 2,337,163 $ 2,393,255 41,265
GRF 470-404 Vocational 41,267
Rehabilitation $ 262,144 $ 268,435 41,269
GRF 470-412 Lease Rental Payments $ 13,675,000 $ 16,300,000 41,273
GRF 470-502 Detention Subsidies $ 7,920,601 $ 8,110,695 41,277
GRF 470-510 Youth Services $ 21,245,799 $ 21,755,698 41,281
GRF 472-321 Parole Operations $ 16,529,366 $ 16,920,719 41,285
GRF 474-321 Facilities Activation $ 3,000,000 $ 0 41,289
GRF 477-321 Administrative 41,291
Operations $ 13,574,689 $ 13,892,543 41,293
GRF 477-406 Interagency 41,295
Collaborations $ 250,000 $ 250,000 41,297
TOTAL GRF General Revenue Fund $ 226,871,182 $ 235,958,789 41,300
General Services Fund Group 41,303
175 470-613 Education 41,306
Reimbursement $ 8,234,088 $ 8,433,953 41,308
4A2 470-602 Child Support $ 207,192 $ 302,659 41,312
4G6 470-605 General Operational 41,314
Funds $ 10,000 $ 10,000 41,316
479 470-609 Employee Food Service $ 142,613 $ 140,263 41,320
523 470-621 Wellness Program $ 63,800 $ 63,800 41,324
TOTAL GSF General Services 41,325
Fund Group $ 8,657,693 $ 8,950,675 41,328
Federal Special Revenue Fund Group 41,331
321 470-601 Education $ 1,267,834 $ 1,653,736 41,336
321 470-603 Juvenile Justice 41,338
Prevention $ 1,134,083 $ 1,129,410 41,340
321 470-606 Nutrition $ 2,719,093 $ 2,795,228 41,344
870
321 470-610 Rehabilitation 41,345
Programs $ 179,326 $ 179,326 41,347
321 470-614 Title IV-E 41,349
Reimbursements $ 5,628,234 $ 5,417,088 41,351
321 470-617 Americorps Programs $ 248,617 $ 248,617 41,354
TOTAL FED Federal Special Revenue 41,355
Fund Group $ 11,177,187 $ 11,423,405 41,358
State Special Revenue Fund Group 41,361
147 470-612 Vocational Education $ 1,864,791 $ 1,911,569 41,366
TOTAL SSR State Special Revenue 41,367
Fund Group $ 1,864,791 $ 1,911,569 41,370
TOTAL ALL BUDGET FUND GROUPS $ 248,570,853 $ 258,244,438 41,373
Ohio Building Authority Lease Payments 41,376
The foregoing appropriation item 470-412, Lease Rental 41,378
Payments, in the Department of Youth Services, shall be used for 41,379
payments, limited to the aggregate amount of $29,975,000, to the 41,380
Ohio Building Authority for the period from July 1, 1999, to June 41,381
30, 2001, pursuant to the primary leases and agreements for 41,382
facilities made under Chapter 152. of the Revised Code which are 41,383
the source of funds pledged for bond service charges on related 41,384
obligations issued pursuant to Chapter 152. of the Revised Code. 41,385
RECLAIM Ohio 41,387
In determining the amount of moneys necessary to fund the 41,389
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal 41,390
years 2000 and 2001, the Department of Youth Services shall 41,391
compute the number of state target youth for each fiscal year. 41,392
As defined in section 5139.01 of the Revised Code, "state target 41,394
youth" means twenty-five per cent of the projected total number 41,395
of felony-level delinquency adjudications in the juvenile courts 41,396
for each year of a biennium, factoring in revocations and 41,397
recommitments. The foregoing appropriation item 470-401, RECLAIM 41,398
Ohio, shall provide for an amount not less than $98 per day for 41,399
each state target youth or not less than $20,000 per year for 41,400
each state target youth for each year of the biennium. 41,401
871
Notwithstanding division (B)(2)(a)(i) of section 5139.43 of 41,403
the Revised Code, the determination of which county a reduction 41,404
of the monthly care and custody allocation will be charged 41,405
against for a particular youth shall be made as outlined below 41,406
for all youths who do not qualify as public safety beds. The 41,407
determination of which county a reduction of the monthly care and 41,408
custody allocation will be charged against shall be made as
follows until each youth is released: 41,409
(A) In the event of a commitment, the reduction shall be 41,411
charged against the committing county. 41,412
(B) In the event of a recommitment, the reduction shall be 41,414
charged against the original committing county until the 41,415
expiration of the minimum period of institutionalization under 41,416
the original order of commitment or until the date on which the 41,417
youth is admitted to the Department of Youth Services pursuant to
the order of recommitment, whichever is later. Reductions of the 41,418
monthly allocation shall be charged against the county which 41,419
recommitted the youth after the minimum expiration date of the 41,420
original commitment.
(C) In the event of a revocation of a release on parole, 41,422
the reduction shall be charged against the original committing 41,423
county.
Vocational Rehabilitation 41,425
The Department of Youth Services and the Rehabilitation 41,427
Services Commission shall enter into an interagency agreement for 41,428
the provision of vocational rehabilitation services and staff to 41,429
mutually eligible clients. The foregoing appropriation item 41,430
470-404, Vocational Rehabilitation, shall be used to provide 41,431
vocational rehabilitation services and staff in accordance with 41,432
the interagency agreement. The Department of Youth Services may 41,433
transfer additional moneys to appropriation item 470-404, 41,434
Vocational Rehabilitation, with Controlling Board approval. 41,435
Employee Food Service and Equipment 41,437
Notwithstanding section 125.14 of the Revised Code, the 41,439
872
foregoing appropriation item 470-609, Employee Food Service, may 41,440
be used to purchase any food operational items with funds 41,441
received into the fund from reimbursement for state surplus 41,442
property.
Education Reimbursement 41,444
The foregoing appropriation item 470-613, Education 41,446
Reimbursement, shall be used to fund the operating expenses of 41,447
providing educational services to youth supervised by the 41,448
Department of Youth Services. Operating expenses include, but 41,449
are not limited to, teachers' salaries, maintenance costs, and 41,450
educational equipment. This appropriation item shall not be used 41,451
for capital expenses. 41,452
Financial Assistance 41,454
Pursuant to section 5139.28 of the Revised Code, grants 41,456
awarded for financial assistance for the operation and 41,457
maintenance of schools or other facilities shall be in an amount 41,458
not to exceed one-half of the cost of operating and maintaining 41,459
such schools or facilities, but may not exceed in any one month 41,461
$540 multiplied by the average daily enrollment in each fiscal 41,462
year.
Pursuant to section 5139.281 of the Revised Code, funding 41,464
provided to a county for the operation and maintenance of each 41,465
home shall be in an amount of fifty per cent of the approved 41,466
annual operating cost, but shall not be in excess of $156,928 in 41,467
each fiscal year. 41,468
Section 105. Investment Earnings on Tobacco Master 41,470
Settlement Agreement Fund 41,471
All investment earnings on moneys deposited in the Tobacco 41,473
Master Settlement Agreement Fund (Fund 087), which was created by 41,474
the Controlling Board on March 15, 1999, shall be credited to the 41,475
Tobacco Master Settlement Agreement Fund (Fund 087). On July 1, 41,476
1999, or as soon thereafter as possible, the Director of Budget 41,477
and Management shall transfer the investment earnings on Fund 087 41,478
for fiscal year 1999, which were credited to the General Revenue
873
Fund, from the General Revenue Fund to Fund 087. 41,479
Section 106. OPLIN Technology Fund 41,481
The Director of Budget and Management shall transfer any 41,483
amount remaining in the OPLIN Technology Fund at the end of 41,484
fiscal year 1999 to the General Revenue Fund. 41,485
Section 107. Human Services Stabilization Fund 41,487
Low and Moderate Income Housing Trust Fund 41,489
Any investment earnings accrued during fiscal years 2000 41,491
and 2001 in the Human Services Stabilization Fund shall be 41,493
transferred by the Director of Budget and Management to Fund 646, 41,494
Low and Moderate Income Housing Trust Fund. In each fiscal year, 41,496
there shall be four transfers by the Director of Budget and
Management of the interest from the Human Services Stabilization 41,497
Fund investment earnings to the Low and Moderate Income Housing 41,498
Trust Fund. The first such transfer in each fiscal year shall be 41,499
in October, after the first quarter of investment earnings has 41,501
been credited to the Human Services Stabilization Fund. The 41,502
second transfer in each fiscal year shall be in January, after 41,503
the second quarter of investment earnings has been credited to 41,504
the Human Services Stabilization Fund. The third transfer in 41,505
each fiscal year shall be in April, after the third quarter of 41,506
investment earnings has been credited to the Human Services 41,507
Stabilization Fund. The fourth transfer in each fiscal year 41,508
shall be in June, after the fourth quarter of investment earnings 41,510
has been credited to the Human Services Stabilization Fund. 41,511
Section 108. Local OBES/ODHS Integration Initiatives 41,513
In anticipation of the merger of the Ohio Department of 41,515
Human Services (ODHS) and the Ohio Bureau of Employment Services 41,516
(OBES) into the Ohio Department of Job and Family Services, and 41,517
as part of the implementation of the federal Work Force 41,518
Investment Act (WIA), local integration initiatives may be
established jointly by OBES and ODHS in fiscal year 2000 or 2001. 41,519
In one or more of the initiatives, a local work force development 41,520
board may be created and appointed by local elected officials to 41,521
874
replace the current existing service delivery areas (SDAs) - 41,522
private industry council (PIC), the job service employer
committee, and the county human services planning committee, and 41,523
to serve as the federally required work force investment board if 41,525
the area qualifies. In serving in that capacity for the
aforementioned boards, the work force development board shall 41,526
provide direct oversight of the funding and operations of 41,527
programs such as the Ohio Works First Program, Job Training 41,528
Partnership Act (JTPA)/(WIA) Programs, and other State of Ohio
employment and training/work force development activities carried 41,529
out by the Ohio Bureau of Employment Services and the local 41,530
county department of human services. A work force development 41,531
board that replaces a county human services planning committee 41,532
shall perform the committee's duties under sections 307.98, 41,533
329.02, and 329.06 of the Revised Code. The initiatives may be 41,534
expanded to include surrounding counties with the approval of 41,535
local elected officials and the Directors of the Ohio Department 41,536
of Human Services and the Ohio Bureau of Employment Services. In
addition to these oversight functions, the work force development 41,537
board through the State of Ohio and local partners shall provide 41,538
planning and coordination related to all vocational, educational, 41,539
and employment and training programs requiring coordination under 41,540
the WIA within the county. The local board of county 41,542
commissioners or other local elected officials shall perform the 41,543
administrative functions for the local initiatives and provide
monthly information to the Directors of ODHS and OBES concerning 41,544
the operational issues, services, finances, and performance 41,545
measures that must be correctly addressed for successful 41,546
implementation of the Work Force Investment Act.
Section 109. Adult Emergency Assistance Program 41,548
Appropriations in appropriation item 400-512, Non-TANF 41,550
Emergency Assistance, in fiscal year 2000 and appropriations in 41,552
appropriation item 600-512, Non-TANF Emergency Assistance, in 41,553
fiscal year 2001 shall be used for the Adult Emergency Assistance 41,554
875
Program established under section 5101.86 of the Revised Code. 41,555
Section 110. Expenditure of Funds 41,557
Any moneys which the Controlling Board authorizes for 41,559
expenditure pursuant to section 131.35 of the Revised Code are 41,560
hereby appropriated for the period ending June 30, 2001. 41,561
Section 111. Unexpected Refunds 41,563
Any refunds which the Controlling Board authorizes pursuant 41,565
to section 131.39 of the Revised Code are hereby appropriated for 41,566
the period ending June 30, 2001. 41,567
Section 112. Personal Service Expenses 41,569
Unless otherwise prohibited by law, each appropriation in 41,571
this act from which personal service expenses are paid shall bear 41,572
the employer's share of public employees' retirement, workers' 41,573
compensation, disabled workers' relief, and all group insurance 41,574
programs; the costs of centralized accounting, centralized 41,575
payroll processing, and related personnel reports and services; 41,576
the cost of the Office of Collective Bargaining; the cost of the 41,577
Personnel Board of Review; the cost of the Employee Assistance 41,578
Program; the cost of the Equal Opportunity Center; the costs of 41,579
interagency information management infrastructure; and the cost 41,580
of administering the state employee merit system as required by 41,581
section 124.07 of the Revised Code. Such costs shall be 41,582
determined in conformity with appropriate sections of law and 41,583
paid in accordance with procedures specified by the Office of 41,584
Budget and Management. Expenditures from appropriation item 41,585
070-601, Public Audit Expense - Local Government, in Fund 422 may 41,586
be exempt from the requirements of this section. 41,587
Section 113. Reissuance of Voided Warrants 41,589
In order to provide funds for the reissuance of voided 41,591
warrants pursuant to section 117.47 of the Revised Code, there is 41,592
hereby appropriated, out of moneys in the state treasury from the 41,593
fund credited as provided in section 117.47 of the Revised Code, 41,594
that amount sufficient to pay such warrants when approved by the 41,595
Office of Budget and Management. 41,596
876
Section 114.* Capital Project Settlements 41,598
This section specifies an additional and supplemental 41,600
procedure to provide for payments of judgments and settlements if 41,601
the Director of Budget and Management determines, pursuant to 41,602
division (C)(4) of section 2743.19 of the Revised Code, that 41,603
sufficient unencumbered moneys do not exist in the particular 41,604
appropriation to pay the amount of a final judgment rendered 41,605
against the state or a state agency, including the settlement of 41,606
a claim approved by a court, in an action upon and arising out of 41,607
a contractual obligation for the construction or improvement of a 41,608
capital facility if the costs under such contract were payable in 41,609
whole or in part from a state capital projects appropriation. In 41,610
such a case, the director may either proceed pursuant to division 41,611
(C)(4) of section 2743.19 of the Revised Code, or apply to the 41,612
Controlling Board to increase an appropriation or create an 41,614
appropriation out of any unencumbered moneys in the state 41,615
treasury to the credit of the capital projects fund from which 41,616
the initial state appropriation was made. The Controlling Board 41,617
may approve or disapprove the application as submitted or 41,618
modified. The amount of an increase in appropriation or new 41,619
appropriation specified in an application approved by the 41,620
Controlling Board is hereby appropriated from the applicable 41,621
capital projects fund and made available for the payment of the 41,622
judgment or settlement.
If the director does not make the application authorized by 41,624
this section or the Controlling Board disapproves the 41,625
application, and the director does not make application pursuant 41,626
to division (C)(4) of section 2743.19 of the Revised Code, the 41,627
director shall for the purpose of making that payment request to 41,628
the General Assembly as provided for in division (C)(5) of that 41,629
section.
Section 115. Income Tax Distribution to Counties 41,631
There are hereby appropriated out of any moneys in the 41,633
state treasury to the credit of the General Revenue Fund, which 41,634
877
are not otherwise appropriated, funds sufficient to make any 41,635
payment required by division (B)(2) of section 5747.03 of the 41,636
Revised Code. 41,637
Section 116. Satisfaction of Judgments and Settlements 41,639
Against the State 41,640
An appropriation contained in this act may be used for the 41,642
purpose of satisfying judgments or settlements in connection with 41,643
civil actions against the state in federal court not barred by 41,644
sovereign immunity or the Eleventh Amendment to the Constitution 41,645
of the United States, or for the purpose of satisfying judgments, 41,646
settlements, or administrative awards ordered or approved by the 41,647
Court of Claims in connection with civil actions against the 41,648
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the
Revised Code. This authorization shall not apply to 41,649
appropriations to be applied to or used for payment of guarantees 41,650
by or on behalf of the state, for or relating to lease payments 41,651
or debt service on bonds, notes, or similar obligations and those 41,652
from the Sports Facilities Building Fund (Fund 024), the Highway 41,653
Safety Building Fund (Fund 025), the Administrative Building Fund 41,654
(Fund 026), the Adult Correctional Building Fund (Fund 027), the 41,655
Juvenile Correctional Building Fund (Fund 028), the 41,656
Transportation Building Fund (Fund 029), the Arts Facilities
Building Fund (Fund 030), the Natural Resources Projects Fund 41,657
(Fund 031), the School Building Program Assistance Fund (Fund 41,658
032), the Mental Health Facilities Improvement Fund (Fund 033), 41,659
the Higher Education Improvement Fund (Fund 034), the Parks and 41,660
Recreation Improvement Fund (Fund 035), the State Capital 41,661
Improvements Fund (Fund 038), the Highway Obligation Fund (Fund
041), the Coal Research/Development Fund (Fund 046), and any 41,663
other fund into which proceeds of obligations are deposited.
Nothing contained in this section is intended to subject the 41,664
state to suit in any forum in which it is not otherwise subject 41,665
to suit, nor is it intended to waive or compromise any defense or 41,666
right available to the state in any suit against it. 41,667
878
Section 117.* Utility Radiological Safety Board 41,669
Assessments
The maximum amounts that may be assessed against nuclear 41,671
electric utilities in accordance with division (B)(2) of section 41,672
4937.05 of the Revised Code are as follows: 41,673
FY 2000 FY 2001 41,675
Department of Agriculture 41,677
Fund 4E4 Utility Radiological 41,679
Safety $100,211 $99,733
Department of Health 41,682
Fund 610 Radiation Emergency 41,684
Response $920,982 $921,584 41,685
Environmental Protection Agency 41,688
Fund 644 ER Radiological Safety $183,380 $184,893 41,690
Emergency Management Agency 41,693
Fund 657 Utility Radiological 41,695
Safety $822,079 $806,339 41,696
Section 118. Occupational and Licensing Board Fund 41,699
Transfers
Notwithstanding any other provision of law to the contrary, 41,701
the Director of Budget and Management shall transfer any 41,702
remaining amounts of cash from the specified obsolete funds to 41,703
the Occupational Licensing and Regulatory Fund (Fund 4K9) within 41,704
thirty days of the effective date of this section: State Board 41,705
of Cosmetology, Fund 4D3 Cosmetology Adjudication Fund. 41,706
Section 119. Lease Payments to OPFC, OBA, and Treasurer of 41,708
State
Certain appropriations are in this act for the purpose of 41,710
lease payments to the Ohio Public Facilities Commission, to the 41,712
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 41,715
by the Ohio Public Facilities Commission, the Ohio Building 41,716
Authority, or the Treasurer of State pursuant to the Ohio 41,719
Constitution and acts of the General Assembly. If it is
879
determined that additional appropriations are necessary for this 41,720
purpose, such amounts are hereby appropriated. 41,721
Section 120. State and Local Rebate Authorization 41,723
There is hereby appropriated, from those funds designated 41,725
by or pursuant to the applicable proceedings authorizing the 41,726
issuance of state obligations, amounts computed at the time to 41,727
represent the portion of investment income to be rebated or 41,728
amounts in lieu of or in addition to any rebate amount to be paid 41,729
to the federal government in order to maintain the exclusion from 41,730
gross income for federal income tax purposes of interest on those 41,731
state obligations pursuant to Section 148(f) of the Internal 41,732
Revenue Code. 41,733
Appropriations shall be posted and disbursed for these 41,735
purposes upon request and presentation of a voucher to the 41,736
Director of Budget and Management. 41,737
Section 121. Transfers of Cash and Outstanding Encumbrance 41,739
Balances
Any appropriation authority required by the Director of 41,741
Budget and Management to reestablish encumbrances in a fund or 41,742
appropriation item within an agency or between agencies pursuant 41,743
to section 126.15 of the Revised Code is hereby authorized and 41,744
appropriated.
Section 122. Federal Cash Management Improvement Act 41,746
Pursuant to the plan for compliance with the Federal Cash 41,748
Management Improvement Act required by section 131.36 of the 41,749
Revised Code, the Director of Budget and Management is authorized 41,750
to cancel and reestablish all or parts of encumbrances in like 41,751
amounts within the funds identified by the plan. Such amounts 41,752
necessary to reestablish all or parts of encumbrances are hereby 41,753
appropriated. 41,754
Section 123. Statewide Indirect Cost Recovery 41,756
Whenever the Director of Budget and Management determines 41,758
that an appropriation made to a state agency from a fund of the 41,759
state is insufficient to provide for the recovery of statewide 41,760
880
indirect costs pursuant to section 126.12 of the Revised Code, 41,761
the amount required for such purpose is hereby appropriated from 41,762
the available receipts of such fund. 41,763
Section 124. Transfers of FY 1999 GRF Ending Balances 41,765
(A) Notwithstanding divisions (B)(1)(b), (B)(2), and (C) 41,767
of section 131.44 of the Revised Code, fiscal year 1999 surplus 41,768
revenue shall be distributed as provided in division (B) of this 41,769
section.
(B)(1) The first $90,000,000 of such surplus revenue shall 41,771
be transferred from the General Revenue Fund to Fund 4Y4, the 41,772
SchoolNet Plus Fund, in the SchoolNet Commission. 41,773
(2) The next $325,700,000 of such surplus revenue shall be 41,775
transferred to Fund 021, the Public School Building Fund, and 41,776
such amount is hereby appropriated to item CAP-622, Public School 41,777
Buildings, in the School Facilities Commission. Such 41,778
appropriation shall become available on the ninety-first day
after this act is filed with the Secretary of State. The School 41,779
Facilities Commission may set aside up to ten per cent of such 41,781
appropriation for the pilot program for low wealth school 41,782
districts with exceptional needs for immediate classroom facility 41,783
assistance that is described in division (B) of Section 26 of Am.
Sub. H.B. 850 of the 122nd General Assembly. 41,785
(3) Any surplus revenue in excess of the amounts 41,787
distributed under divisions (B)(1) and (2) of this section shall 41,788
be transferred to the Income Tax Reduction Fund in accordance 41,789
with section 131.44 of the Revised Code.
Section 125. GRF Transfers on Behalf of the Statewide 41,791
Indirect Cost Allocation Plan 41,792
The total transfers made from the General Revenue Fund by 41,794
the Director of Budget and Management pursuant to this section 41,796
shall not exceed the amounts transferred into the General Revenue 41,798
Fund pursuant to division (B) of section 126.12 of the Revised 41,800
Code.
A director of an agency may certify to the Director of 41,802
881
Budget and Management the amount of expenses not allowed to be 41,803
included in the Statewide Indirect Cost Allocation plan pursuant 41,804
to federal regulations, from any fund included in the Statewide 41,805
Indirect Cost Allocation plan, prepared as required by section 41,806
126.12 of the Revised Code.
Upon determining that no alternative source of funding is 41,809
available to pay for such expenses, the Director of Budget and 41,810
Management may transfer from the General Revenue Fund into the 41,811
fund for which the certification is made, up to the amount of the 41,812
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared 41,813
pursuant to section 126.02 of the Revised Code, a request for 41,814
funding for such activities from an alternative source such that 41,815
further federal disallowances would not be required. 41,816
The Director of Administrative Services may certify to the 41,818
Director of Budget and Management the amount of building rent 41,819
expense or building debt service expense paid by state agencies 41,820
from funds other than the General Revenue Fund to the General 41,821
Revenue Fund which is not an allowed cost for reimbursement under 41,822
federal grant programs. The Director of Budget and Management
may refund the amount of the disallowed cost from the General 41,823
Revenue Fund to either the fund from which the payment was 41,824
originally made or the federal grantor agency, as appropriate. 41,825
If additional appropriations are required to make such refunds, 41,826
the amounts are hereby appropriated.
Section 126. Reappropriation of Unexpended Balances for 41,828
Certain Operating Expenses Encumbered Prior to Close of Fiscal 41,829
Year
An unexpended balance of an appropriation or 41,831
reappropriation that a state agency has lawfully encumbered prior 41,832
to the close of a fiscal year is hereby reappropriated from the 41,833
fund from which it was originally appropriated or reappropriated 41,834
for the following period and shall remain available only for the 41,835
purpose of discharging the encumbrance:
882
(A) For an encumbrance for an operating expense, for a 41,837
period of not more than five months from the end of the fiscal 41,838
year. For the purposes of this section, an "operating expense" 41,839
is an encumbrance incurred for personal services, maintenance, 41,840
equipment, or items for resale, other than an encumbrance for an 41,841
item of special order manufacture not available on term contract 41,842
or in the open market or for reclamation of land or oil and gas
wells. 41,843
(B) For an encumbrance for an item of special order 41,845
manufacture not available on term contract or in the open market, 41,846
for a period of not more than five months from the end of the 41,847
respective fiscal year or, with the written approval of the 41,848
Director of Budget and Management, for a period of not more than 41,849
twelve months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and 41,851
gas wells, for a period ending whenever the encumbrance is 41,852
expended;
(D) For an encumbrance for any other expense, other than a 41,854
capital expense and other than an encumbrance set out in division 41,855
(A), (B), or (C) of this section, for such period as the director 41,856
approves.
Any items for which unexpended balances are reappropriated 41,858
beyond a five-month period from the end of the fiscal year shall 41,859
be reported to the Controlling Board by the Director of Budget 41,860
and Management by the thirty-first day of December of each year. 41,861
The report on each such item shall include the item, the cost of 41,862
the item, the vendor involved, and the reappropriation period
approved by the director. Such report to the board shall be 41,863
updated on a quarterly basis for encumbrances remaining open. 41,864
Upon the expiration of the reappropriation period set out 41,866
in division (A), (B), (C), or (D) of this section, a 41,868
reappropriation made pursuant to this section shall lapse, and 41,869
the Director of Budget and Management shall cancel such
encumbrance no later than the end of the weekend following the 41,870
883
expiration of the reappropriation period. 41,871
If the Controlling Board has approved a contract upon which 41,873
an encumbrance that is the subject of this section is based, that 41,874
approval remains valid as long as the encumbrance remains open 41,875
pursuant to this section and the agency need not return to the 41,876
board for a new approval.
Section 127. Federal Government Interest Requirements 41,878
Notwithstanding any provision of law to the contrary, on or 41,880
before the first day of September of each fiscal year, the 41,881
Director of Budget and Management, in order to reduce the payment 41,882
of adjustments to the federal government, as determined by the 41,883
plan prepared pursuant to division (A) of section 126.12 of the 41,884
Revised Code, may designate such funds as the director considers 41,885
necessary to retain their own interest earnings.
Section 128. Moratorium for New MR/DD Residential Facility 41,887
Beds
(A) During the period beginning July 1, 1999, and ending 41,889
June 30, 2001, the Department of Mental Retardation and 41,890
Developmental Disabilities shall not issue development approval 41,891
for, nor license under section 5123.19 of the Revised Code, new 41,892
residential facility beds for persons with mental retardation or 41,893
developmental disabilities, except that the department may 41,894
approve the development or licensure, or both, of such new beds 41,895
in an emergency. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code specifying what constitutes 41,896
an emergency for the purposes of this section. 41,897
(B) For the purposes of division (A) of this section, the 41,899
following shall not be considered new beds: 41,900
(1) Beds relocated from one facility to another, if the 41,902
facility from which the beds are relocated reduces the number of 41,903
its beds by the same number of beds that are relocated to the 41,904
other facility;
(2) Beds to replace others that the Director of Health 41,906
determines no longer comply with the standards of the Medical 41,907
884
Assistance Program established under Chapter 5111. of the Revised 41,908
Code and Title XIX of the "Social Security Act," 49 Stat. 620 41,910
(1935), 42 U.S.C.A. 301, as amended.
Section 129. The requirements for a financial planning and 41,912
supervision commission as provided for in section 118.05 of the 41,913
Revised Code, as amended by this act, shall apply to any 41,914
commission established on or after the effective date of this 41,915
act. Commissions established before that date shall be
constituted as required by section 118.05 of the Revised Code as 41,916
it existed when those commissions were established. 41,917
The Auditor of State shall serve as financial supervisor to 41,919
any commission established on and after the effective date of 41,920
this act and as financial supervisor to any commission 41,921
established before that date upon the termination of any existing 41,922
contract with a firm of certified public accountants approved by 41,923
the Controlling Board as authorized by division (G) of section
118.05 of the Revised Code before its amendment by this act. 41,924
Section 130. Not later than July 1, 2001, the Auditor of 41,926
State shall conduct and complete a performance audit of the 41,927
Medicaid Program operated by the state Department of Human 41,928
Services. The Auditor of State may charge the department for the 41,929
cost of the audit as provided in division (A) of section 117.13 41,930
of the Revised Code.
Section 131. The jurisdiction, including all control and 41,932
supervision, over the state-owned building located at 25 South 41,933
Front Street, Columbus, Ohio, is hereby transferred from the Ohio 41,934
Department of Transportation to the Department of Administrative 41,935
Services.
Section 132. Sunset of Hospital Care Assurance Program 41,937
That Section 153 of Am. Sub. H.B. 117 of the 121st General 41,939
Assembly, as amended by Am. Sub. H.B. 215 of the 122nd General 41,940
Assembly, be amended to read as follows: 41,941
"Sec. 153. (A) Section 5112.20 of the Revised Code is 41,943
hereby repealed, effective July 1, 1997. Sections 5112.01, 41,944
885
5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 41,946
5112.10, 5112.11, 5112.18, 5112.19, 5112.21, and 5112.99 of the 41,947
Revised Code, as enacted by Am. Sub. H.B 117 of the 121st General 41,949
Assembly, are hereby repealed, effective July 1, 1999 2001. 41,950
(B) Any money remaining in the Legislative Budget Services 41,952
Fund on July 1, 1999 2001, the date that section 5112.19 of the 41,953
Revised Code is repealed by division (A) of this section, shall 41,955
be used solely for the purposes stated in THEN FORMER section 41,956
5112.19 of the Revised Code. When all money in the Legislative 41,959
Budget Services Fund has been spent after THEN FORMER section 41,960
5112.19 of the Revised Code is repealed under division (A) of 41,962
this section, the fund shall cease to exist." 41,963
Section 133. That existing Section 153 of Am. Sub. H.B. 41,965
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 41,967
215 of the 122nd General Assembly, is hereby repealed. 41,968
Section 134. That Section 3 of Am. Sub. H.B. 440 of the 41,970
121st General Assembly, as amended by Am. Sub. H.B. 621 of the 41,971
122nd General Assembly, be amended to read as follows: 41,972
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 41,974
122.27 of the Revised Code are hereby repealed, effective June 41,975
30, 1999 2001." 41,976
Section 135. That existing Section 3 of Am. Sub. H.B. 440 41,978
of the 121st General Assembly, as amended by Am. Sub. H.B. 621 of 41,979
the 122nd General Assembly, is hereby repealed. 41,980
Section 136. That Section 3 of Am. Sub. H.B. 215 of the 41,982
122nd General Assembly be amended to read as follows: 41,983
"Sec. 3. Section 1751.68 of the Revised Code is hereby 41,985
repealed, effective July 1, 1999 2001." 41,986
Section 137. That existing Section 3 of Am. Sub. H.B. 215 41,988
of the 122nd General Assembly is hereby repealed. 41,989
Section 138. That Section 3 of Am. Sub. H.B. 621 of the 41,991
122nd General Assembly be amended to read as follows: 41,992
"Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, 41,994
and 901.83 of the Revised Code are hereby repealed, effective 41,995
886
June 30, 1999 JULY 1, 2001." 41,996
Section 139. That existing Section 3 of Am. Sub. H.B. 621 41,998
of the 122nd General Assembly is hereby repealed. 41,999
Section 140.* That Sections 3.01, 3.03, 21, and 30.25 of 42,001
Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 42,002
read as follows:
"Sec. 3.01. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES 42,005
CAP-785 Rural Areas Historical Projects $ 440,000 42,008
CAP-786 Rural Areas Community Improvements $ 5,315,000 42,010
CAP-817 Urban Areas Community Improvements $ 12,508,150 42,012
CAP-818 Community Theatre Renovations $ 400,000 42,014
Total Department of Administrative Services $ 18,663,150 42,016
Rural Areas Historical Projects 42,019
Of the foregoing appropriation item CAP-785, Rural Areas 42,021
Historical Projects, $100,000 shall be used for Hancock County 42,022
Historical Society Facility Improvements; $40,000 shall be used 42,023
for Harveysburg Community Historic Society; $50,000 shall be used 42,025
for Wood County Historical Museum - Old Public Hospital
Restoration; $200,000 shall be used for James A. Garfield 42,026
Historic Site Improvements; and $50,000 shall be used for Elmore 42,027
Historical Society. 42,028
Rural Areas Community Improvements 42,030
Of the foregoing appropriation item CAP-786, Rural Areas 42,032
Community Improvements, $100,000 shall be used for Hocking Valley 42,034
Railroad Improvements; $50,000 shall be used for Belmont County 42,035
Park District - Convention Center; $70,000 shall be used for 42,036
Aberdeen Huntington Community Center; $100,000 shall be used for 42,037
Chrisholm Historic Farmstead Restoration; $100,000 shall be used 42,038
for Clinton County Senior Center; $150,000 shall be used for 42,039
Coshocton Infrastructure Improvements; $200,000 shall be used for 42,040
Coshocton Visitors' and Convention Bureau; $20,000 shall be used 42,041
for Warsaw Community Improvements; $100,000 shall be used for 42,042
Washington Court House Downtown Redevelopment; $80,000 shall be 42,043
used for Gallia County Industrial Park Improvements; $150,000 42,044
887
shall be used for Desmond Hall Industrial Park; $100,000 shall be 42,045
used for Kenton Armory Improvements; $162,000 shall be used for 42,046
Sinking Springs Infrastructure Improvements; $20,000 shall be 42,047
used for Laurelville Community Improvements; $16,000 shall be 42,048
used for Gibisonville Community Recreation Center Improvements; 42,049
$150,000 shall be used for Holmes County Historic Building 42,050
Improvements; $500,000 shall be used for Davis-Shai House 42,051
Historical Site; $100,000 shall be used for Maritime Museum in 42,052
Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom 42,053
Restoration; $90,000 shall be used for Big Island Nature Center 42,054
Improvements; $300,000 shall be used for Medina County Arts 42,055
Center Improvements; $142,000 shall be used for Graysville 42,056
Community Center; $49,000 shall be used for Roseville Community 42,057
Center Improvements; $100,000 shall be used for South Zanesville 42,058
Community Improvements; $20,000 shall be used for Corning 42,059
Community Center; $50,000 shall be used for Waverly Community 42,060
Improvements; $20,000 shall be used for Garrettsville Veterans 42,061
Memorial; $6,000 shall be used for Palmyra Township Veterans 42,062
Memorial; $100,000 shall be used for Deerfield Township Hall 42,063
Civic Improvements; $35,000 shall be used for Preble County 42,064
Coliseum Planning; $300,000 shall be used for Richland Academy of 42,066
Arts and Sciences Discovery Center; $50,000 shall be used for 42,067
Village of Pleasant Plain Community Improvements; $48,000 shall 42,068
be used for Village of South Lebanon Infrastructure Improvements; 42,070
$41,000 shall be used for Rehabilitate Senior Housing - 42,071
Waynesville; $40,000 shall be used for Ambrose Hall Museum - 42,072
Belpre; $100,000 shall be used for New Matamoras Senior Center; 42,073
$25,000 shall be used for West Salem Town Hall Improvements; 42,074
$40,000 shall be used for Pemberville Opera House Restoration; 42,075
$40,000 shall be used for Grand Rapids Village Hall Restoration; 42,076
$500,000 shall be used for Liberty Commons Infrastructure Project 42,077
- Lima; $50,000 shall be used for Village of Morrow 42,078
Infrastructure Improvements; $100,000 shall be used for Fairfield 42,079
City Cultural Center; $63,000 shall be used for Sunbury Town 42,080
888
Hall; $50,000 shall be used for Nelsonville Fountain; $50,000
shall be used for Southern Ohio Port Authority; $100,000 shall be 42,081
used for Ft. Steuben Land Office; $100,000 shall be used for 42,082
Columbiana County Port Authority; $25,000 shall be used for Noble 42,083
County Senior Center; $25,000 shall be used for Crawford County 42,084
Council on Aging; $14,000 shall be used for Bethel-Tate Fire 42,085
Department Fire Safety Trailer; $74,000 shall be used for the
John P. Parker Historic Site Restoration; and $300,000 shall be 42,086
used for Zahn's Corner Industrial Park. 42,088
Urban Areas Community Improvements 42,090
Of the foregoing appropriation item CAP-817, Urban Areas 42,092
Community Improvements, $200,000 shall be used for Clermont 42,093
County Communications Center; $50,000 shall be used for The Civic 42,095
Restoration; $50,000 shall be used for Brown Senior Center
Renovations; $50,000 shall be used for Loveland Velodome 42,096
Planning; $25,000 shall be used for Friendly Center Renovations; 42,097
$5,000 shall be used for Toledo Golden Gloves - Equipment; 42,098
$50,000 shall be used for Sylvania Historical Society Building 42,099
Improvements; $50,000 shall be used for Toledo International 42,100
Youth Hostel Renovations; $100,000 shall be used for Fellows 42,101
Gardens - Mill Creek Park Improvements; $100,000 shall be used 42,102
for Weathervane Playhouse Addition; $100,000 shall be used for 42,103
Akron/Summit Community Action Agency Facility Improvements; 42,104
$136,000 shall be used for Akron Community Health Resources Inc. 42,105
Facility Improvements; $75,000 shall be used for Farmington 42,106
Senior Center Improvements; $85,000 shall be used for President 42,107
McKinley Home Site improvements; $187,150 shall be used for 42,108
Shaker Historical Museum; $400,000 shall be used for Solon 42,109
Community Arts Center; $25,000 shall be used for Orange Senior 42,110
Center; $75,000 shall be used for Cincinnati Jewish Community 42,112
Center; $1,000,000 shall be used for Lincoln Heights Health 42,113
Center Improvements; $500,000 shall be used for Cook's Castle 42,114
Renovation; $40,000 shall be used for Toledo Jewish Community 42,115
Center; $100,000 shall be used for Youngstown Jewish Community 42,116
889
Center; $1,500,000 shall be used for Youngstown Parking Facility; 42,117
$150,000 shall be used for Canton Jewish Community Center; 42,118
$2,000,000 shall be used for Wilderness Center Facility 42,119
Improvements; $100,000 shall be used for Project AHEAD Facility 42,120
Improvements; $50,000 shall be used for Sagamore Hills Historical 42,121
Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and 42,122
Gardens; $250,000 shall be used for NEC World Series of Golf 42,123
Media Facility; $50,000 shall be used for Richfield Historic 42,124
District Improvements; $100,000 shall be used for Ohio Erie 42,125
Heritage Corridor Improvements; $150,000 shall be used for Hale 42,126
Farm Improvements; $1,750,000 shall be used for Wood County 42,127
Historic Building Renovation; $500,000 shall be used for 42,128
Miamisburg Mound Development; $100,000 shall be used for
Springfield Township Hall FIRE STATION; $50,000 shall be used for 42,129
City of University Heights Community Senior Center; $75,000 shall 42,131
be used for the J. Frank-Troy Senior Citizens Center; $50,000 42,132
shall be used for the Cleveland Health Museum; $50,000 shall be 42,133
used for the City of Euclid Land Purchase; $25,000 shall be used
for the Mahoning River Corridor of Opportunity Industrial Park; 42,134
$25,000 shall be used for University Heights Senior Citizen 42,135
Center Public Library; $50,000 shall be used for Columbus Fire 42,136
Museum; $50,000 shall be used for League Park Tourist Museum; 42,137
$100,000 shall be used for Mustill Store Exhibits in Cascade 42,138
Valley Park; and $30,000 shall be used for Warren Airport Runway 42,139
Improvements.
Of the foregoing appropriation item CAP-817, Urban Areas 42,141
Community Improvements, $300,000 shall be used for Columbus 42,142
Family and Child Guidance Centers; $360,000 shall be used for 42,143
Central Community House; $180,000 shall be used for St. John 42,144
Center; and $60,000 shall be used for Wesley Community
Development Corporation. 42,145
Community Theatre Renovations 42,146
Of the foregoing appropriation item CAP-818, Community 42,148
Theatre Renovations, $100,000 shall be used for Cleveland Public 42,149
890
Theatre Improvements - Gordon Square; $125,000 shall be used for 42,150
Ariel Theatre Renovation; $125,000 shall be used for Markay 42,151
Theatre Renovations; and $50,000 shall be used for Lorain Palace 42,152
Theatre Improvements. 42,153
Sec. 3.03. AFC ARTS AND SPORTS FACILITIES COMMISSION 42,156
CAP-047 Cincinnati Classical Music Hall of 42,159
Fame $ 300,000 42,160
CAP-050 Columbus Art Museum Facility Planning $ 250,000 42,162
CAP-053 Powers Auditorium Improvements $ 250,000 42,164
CAP-054 Dayton Performing Arts Center - 42,165
Planning and Phase I $ 250,000 42,166
CAP-059 Johnny Appleseed Museum Theatre $ 175,000 42,168
CAP-060 Southeastern Ohio Cultural Arts Center $ 500,000 42,170
CAP-062 Akron Art Museum - Planning $ 100,000 42,172
CAP-063 ROBINS THEATRE PROJECT $ 50,000 42,175
CAP-799 CAPITOL CITY EXHIBIT FEASIBILITY $ 50,000 42,178
Total Arts And Sports Facilities Commission $1,825,000 42,180
1,925,000 42,182
Sec. 21. All items set forth in this section are hereby 42,186
appropriated out of any moneys in the state treasury to the 42,187
credit of the Arts Facilities Building Fund (Fund 030). Revenues 42,189
to the Arts Facilities Building Fund shall consist of proceeds of 42,190
obligations authorized to pay costs of the following capital 42,191
improvements:
Appropriations 42,192
AFC ARTS FACILITIES COMMISSION 42,193
CAP-001 National Aviation Hall of Fame $ 1,100,000 42,196
CAP-004 Valentine Theatre $ 3,500,000 42,198
CAP-005 Center for Science and Industry - 42,199
Columbus $ 5,500,000 42,200
CAP-010 Sandusky State Theatre Improvements $ 500,000 42,202
CAP-013 Stambaugh Hall Improvements $ 625,000 42,204
CAP-033 Woodward Opera House Renovation $ 250,000 42,206
CAP-037 Canton Palace Theatre Renovations $ 800,000 42,208
891
CAP-044 National Underground Railroad Freedom 42,209
Center $ 500,000 42,210
CAP-045 Cincinnati Contemporary Arts Center $ 3,500,000 42,212
CAP-046 Cincinnati Museum Center Improvements $ 525,000 42,214
CAP-048 John and Annie Glenn Museum $ 600,000 42,216
CAP-049 Ohio Theatre Improvements $ 3,000,000 42,218
CAP-051 Akron Civic Theatre Improvements $ 600,000 42,220
CAP-052 Akron Art Museum $ 1,000,000 42,222
CAP-055 WACO Museum and Aviation Learning 42,223
Center $ 500,000 42,224
CAP-056 Ohio Center of Agriculture and 42,225
Industrial Technology Heritage Center $ 3,500,000 42,227
CAP-058 Cedar Bog Nature Preserve Education 42,228
Center $ 1,000,000 42,229
CAP-061 Statewide Arts Facilities Planning $ 500,000 42,231
CAP-063 Robins Theatre Project $ 50,000 42,233
CAP-702 Campus Martius Museum Renovations $ 140,000 42,235
CAP-734 Hayes Presidential Center - Museum and 42,236
Home Improvements $ 1,000,000 42,237
CAP-735 Paul Lawrence Dunbar House $ 100,000 42,239
CAP-741 Adena State Memorial Renovations $ 350,000 42,241
CAP-742 Ft. Meigs Museum and Exhibit 42,242
Improvements $ 2,960,000 42,243
CAP-744 Zoar Village Visitor Center and 42,244
Building Renovations $ 875,000 42,245
CAP-753 Buffington Island State Memorial 42,246
Improvements $ 100,000 42,247
CAP-757 Schoenbrunn Village Restoration and 42,248
Renovations $ 211,000 42,249
CAP-758 Ft. Laurens Building and Site 42,250
Improvements $ 100,000 42,251
CAP-770 Serpent Mound State Memorial 42,252
Improvements $ 295,000 42,253
892
CAP-780 Harding Home State Memorial 42,254
Restorations $ 390,000 42,255
CAP-781 Historical Center - Archives and 42,256
Library Automation $ 450,000 42,257
CAP-784 Ohio Historical Center Rehabilitation $ 800,000 42,259
CAP-788 Tallmadge Church Building Restoration $ 250,000 42,261
CAP-789 Neil Armstrong Air and Space Museum 42,262
Improvements $ 315,000 42,263
CAP-791 Harrison's Tomb and Site Renovations $ 16,000 42,265
CAP-795 Local and Wide-area Networks $ 300,000 42,267
CAP-796 Moundbuilders State Memorial 42,268
Improvements $ 530,000 42,269
CAP-797 National Afro-American Museum 42,270
Improvements $ 300,000 42,271
CAP-798 Multi-Site Fire and Security System 42,272
Improvements $ 100,000 42,273
CAP-799 Capitol City Exhibit Feasibility $ 50,000 42,275
CAP-800 Indian Mill State Memorial 42,276
Improvements $ 112,000 42,277
Total Arts Facilities Commission $37,294,000 42,279
34,194,000 42,281
Total Arts Facilities Building Fund $37,294,000 42,283
34,194,000 42,285
Center for Science and Industry-Columbus 42,288
Of the foregoing appropriation item CAP-005, Center for 42,290
Science and Industry-Columbus, $5,000,000 shall be used for the 42,291
John Glenn Theatre and $500,000 shall be used for AgScience 42,292
Experience Exhibits.
COSI-Columbus -- Local Administration of Capital Project 42,294
Contracts 42,295
Notwithstanding division (A) of section 3383.07 of the 42,297
Revised Code, the Ohio Arts and Sports Facilities Commission, 42,298
with respect to the foregoing appropriation item CAP-005, Center 42,299
for Science and Industry-Columbus, is authorized to administer 42,301
893
all or part of capital facilities project contracts involving 42,302
exhibit fabrication and installation as determined by the
Department of Administrative Services, the Center of Science and 42,303
and Industry-Columbus, and the Ohio Arts and Sports Facilities 42,305
Commission in review of the project plans. The Ohio Arts and 42,306
Sports Facilities Commission shall enter into a contract with the 42,307
Center of Science and Industry-Columbus to administer the exhibit 42,308
fabrication and installation contracts, which contracts are not
subject to Chapter 123. or 153. of the Revised Code. 42,309
Schoenbrunn Village Restoration and Renovations 42,311
Of the foregoing appropriation item CAP-757, Schoenbrunn 42,313
Village Restoration and Renovations, up to $30,000 shall be used 42,315
for safety improvements related to the New Philadelphia airport. 42,316
Ft. Laurens Building and Site Improvements 42,318
Of the foregoing appropriation item CAP-758, Ft. Laurens 42,320
Building and Site Improvements, $100,000 shall be used for the 42,321
full reconstruction of the site as formulated by the Friends of 42,322
Ft. Laurens Foundation.
Sec. 30.25. CTI COLUMBUS STATE COMMUNITY COLLEGE 42,324
CAP-006 Basic Renovations $ 874,033 42,327
CAP-040 Building "D" Planning $ 1,500,000 42,329
CAP-041 Columbus College of Art and Design $ 100,000 42,331
CAP-049 OHIO THEATRE IMPROVEMENTS $ 3,000,000 42,335
Total Columbus State Community College $ 2,474,033 42,337
5,474,033"
Section 141.* That existing Sections 3.01, 3.03, 21, and 42,340
30.25 of Am. Sub. H.B. 850 of the 122nd General Assembly are 42,341
hereby repealed.
Section 142.* (A) Section 50.48 of Am. Sub. H.B. 215 of 42,343
the 122nd General Assembly is hereby repealed. 42,344
(B) The repeal of Section 50.48 of Am. Sub. H.B. 215 of 42,346
the 122nd General Assembly is in confirmation of an identical 42,347
repeal of the section by Am. Sub. H.B. 770 of the 122nd General 42,348
Assembly. Am. Sub. H.B. 770 properly repealed the section in its 42,349
894
body, but failed to indicate the repeal in its title.
Section 143.* That Section 25 of Am. Sub. H.B. 650 of the 42,351
122nd General Assembly is hereby repealed. 42,352
Section 144.* Section 17.03 of Am. Sub. H.B. 850 of the 42,354
122nd General Assembly is hereby repealed. 42,355
Section 145. Section 1501.25 of the Revised Code is hereby 42,357
repealed, effective December 31, 2002. 42,358
Section 146.* (A) That section 101.64 of the Revised Code 42,360
is hereby repealed.
(B) The repeal by this act of section 101.64 of the 42,362
Revised Code is intended to confirm that such was the result 42,363
intended by the General Assembly in enacting Am. Sub. H.B. 649 of 42,364
the 122nd General Assembly. This section was made obsolete by 42,365
reforms Am. Sub. H.B. 649 made in the legislative printing laws. 42,366
The title of that act correctly indicated the repeal of section
101.64 of the Revised Code, but the outright repeal clause 42,367
erroneously indicated the repeal of section "102.64" of the 42,368
Revised Code. No section of the Revised Code bears the number 42,369
"102.64."
Section 147.* (A) That section 4121.07 of the Revised 42,371
Code is hereby repealed. 42,372
(B) The repeal by this act of section 4121.07 of the 42,374
Revised Code is intended to confirm that such was the result 42,375
intended by the General Assembly in enacting Am. Sub. H.B. 107 of 42,376
the 120th General Assembly. The outright repeal clause of that 42,377
act correctly indicated the repeal of section 4121.07 of the
Revised Code, but the title of that act erroneously indicated 42,378
that the section was being amended. 42,379
Section 148. Except as otherwise specifically provided in 42,381
this act, the codified sections of law amended or enacted in this 42,382
act, and the items of law of which the codified sections of law 42,383
amended or enacted in this act are composed, are subject to the 42,384
referendum. Therefore, under Ohio Constitution, Article II, 42,385
Section 1c and section 1.471 of the Revised Code, the codified 42,386
895
sections of law amended or enacted by this act, and the items of 42,387
law of which the codified sections of law as amended or enacted 42,388
by this act are composed, take effect on the ninety-first day 42,389
after this act is filed with the Secretary of State. If, 42,390
however, a referendum petition is filed against any such codified 42,391
section of law as amended or enacted by this act, or against any 42,392
item of law of which any such codified section of law as amended 42,393
or enacted by this act is composed, the codified section of law 42,394
as amended or enacted, or item of law, unless rejected at the 42,395
referendum, takes effect at the earliest time permitted by law. 42,396
Section 149. Except as otherwise specifically provided in 42,398
this act, the repeal by this act of a codified section of law is 42,399
subject to the referendum. Therefore, under Ohio Constitution, 42,400
Article II, Section 1c and section 1.471 of the Revised Code, the 42,401
repeal by this act of a codified section of law takes effect on 42,402
the ninety-first day after this act is filed with the Secretary 42,403
of State. If, however, a referendum petition is filed against 42,404
any such repeal, the repeal, unless rejected at the referendum, 42,405
takes effect at the earliest time permitted by law. 42,406
Section 150. Sections 109.081, 111.18, 118.01, 118.05, 42,408
122.011, 124.07, 125.15, 125.28, 127.16, 131.39, 901.63, 1155.07, 42,409
1155.10, 1155.13, 1163.09, 1163.13, 1163.16, 1181.06, 1181.18, 42,410
1309.401, 1509.02, 1509.071, 1513.30, 3353.06, 3383.08, 3702.52, 42,411
3702.57, 3702.58, 3702.68, 3705.24, 3734.06, 3734.57, 3745.11, 42,412
3748.07, 3748.13, 3793.10, 4105.17, 4117.24, 4301.10, 4301.30, 42,413
4301.43, 4511.191, 4511.83, 4703.36, 4703.37, 4713.10, 4717.07, 42,415
4723.08, 4729.54, 4730.11, 4731.281, 4732.14, 4736.12, 4741.17, 42,416
4741.19, 4747.05, 4747.06, 4747.07, 4747.10, 5101.16, 5101.50, 42,417
5101.501, 5101.502, 5101.86, 5112.03, 5112.06, 5112.07, 5112.08,
5112.09, 5112.17, 5117.07, 5117.071, 5117.09, 5709.62, 5709.63, 42,418
5709.632, 5749.02, 5907.141, and 6109.21 of the Revised Code as 42,420
amended or enacted by this act, and the items of law of which 42,421
such sections as amended or enacted by this act are composed, are 42,422
not subject to the referendum. Therefore, under Ohio 42,423
896
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections as amended or enacted by this act, 42,424
and the items of law of which such sections as amended or enacted 42,425
by this act are composed, go into immediate effect when this act 42,426
becomes law. 42,427
Section 151. (A) The amendment by this act to division 42,429
(C) of section 166.03 of the Revised Code constitutes an item of 42,430
law that is subject to the referendum. Therefore, under Ohio 42,431
Constitution, Article II, Section 1c and section 1.471 of the 42,432
Revised Code, this item of law takes effect on the ninety-first 42,433
day after this act is filed with the Secretary of State. If, 42,434
however, a referendum petition is filed against the item of law, 42,435
the item of law, unless rejected at the referendum, takes effect 42,436
at the earliest time permitted by law. 42,437
(B) The amendments by this act to division (B) of section 42,439
166.03 of the Revised Code constitute an item of law that is not 42,440
subject to the referendum. Therefore, under Ohio Constitution, 42,441
Article II, Section 1d and section 1.471 of the Revised Code, 42,442
this item of law goes into immediate effect when this act becomes 42,443
law.
Section 152.* Sections 3109.17 and 3109.18 of the Revised 42,445
Code, as amended by this act, are subject to the referendum and 42,446
shall take effect January 1, 2001. Notwithstanding the 42,447
provisions of section 3109.17 of the Revised Code that require 42,448
the Children's Trust Fund Board to make block grants to child 42,449
abuse and child neglect advisory boards, the Children's Trust 42,450
Fund Board may make grants to child abuse and child neglect 42,451
prevention programs during the period January 1, 2001, through
June 30, 2001. 42,452
Section 153. The repeal by this act of sections 1155.131 42,454
and 1163.17 of the Revised Code is not subject to the referendum. 42,455
Therefore, under Ohio Constitution, Article II, Section 1d and 42,456
section 1.471 of the Revised Code, the repeals go into immediate 42,457
effect when this act becomes law. 42,458
897
Section 154. Except as otherwise specifically provided in 42,460
this act, the uncodified sections of law amended or enacted in 42,461
this act, and the items of law of which the uncodified sections 42,462
of law amended or enacted in this act are composed, are not 42,463
subject to the referendum. Therefore, under Ohio Constitution, 42,464
Article II, Section 1d and section 1.471 of the Revised Code, the 42,465
uncodified sections of law amended or enacted in this act, and 42,466
the items of law of which the uncodified sections of law amended 42,467
or enacted in this act are composed, go into immediate effect 42,468
when this act becomes law.
Section 155. Uncodified sections of law amended or enacted 42,470
in this act, and items of law contained within the uncodified 42,471
sections of law amended or enacted in this act, that are marked 42,472
with an asterisk are subject to the referendum. Therefore, under 42,473
Ohio Constitution, Article II, Section 1c and section 1.471 of 42,474
the Revised Code, the uncodified sections and items of law marked 42,475
with an asterisk take effect on the ninety-first day after this 42,476
act is filed with the Secretary of State. If, however, a 42,477
referendum petition is filed against an uncodified section or 42,478
item of law marked with an asterisk, the uncodified section or 42,479
item of law marked with an asterisk, unless rejected at the 42,480
referendum, takes effect at the earliest time permitted by law. 42,481
If the amending and existing repeal clauses commanding the 42,483
amendment of an uncodified section of law are both marked with 42,484
asterisks, the uncodified section as amended is deemed also to 42,485
have been marked with an asterisk. 42,486
An asterisk marking an uncodified section or item of law 42,488
has the form *. 42,489
This section defines the meaning and form of, but is not 42,491
itself to be considered marked with, an asterisk. 42,492
Section 156. If the amendment or enactment in this act of 42,494
a codified or uncodified section of law is subject to the 42,495
referendum, the corresponding indications in the amending, 42,496
enacting, or existing repeal clauses commanding the amendment or 42,497
898
enactment also are subject to the referendum, along with the 42,498
amendment or enactment. If the amendment or enactment by this 42,499
act of a codified or uncodified section of law is not subject to 42,500
the referendum, the corresponding indications in the amending, 42,501
enacting, or existing repeal clauses commanding the amendment or 42,502
enactment also are not subject to the referendum, the same as the 42,503
amendment or enactment. 42,504
Section 157. An item, other than an amending, enacting, or 42,506
repealing clause, that composes the whole or part of an 42,507
uncodified section contained in this act has no effect after June 42,508
30, 2001, unless its context clearly indicates otherwise. 42,509
Section 158. The Tax Commissioner shall make the 42,511
adjustments required by section 5117.071 of the Revised Code for 42,512
the first time in 1999, for use in determining eligibility for 42,514
energy credits or payments during the 1999-2000 winter heating 42,515
season. To facilitate the implementation of the adjustment 42,516
mechanism in 1999, the commissioner may extend as necessary any 42,517
date specified in sections 5117.01 to 5117.12 of the Revised Code 42,518
for the performance of a particular action by the commissioner or 42,519
by an individual, energy company, or energy dealer. 42,520
Section 159. (A) The amendment by this act of section 42,522
5733.05 of the Revised Code applies to tax years 2000 and 42,523
thereafter.
(B) Any corporation that was entitled, for tax year 1999, 42,526
to make an exclusion from its capital, surplus, undivided
profits, or reserves under former division (A)(6) of section 42,527
5733.05 of the Revised Code as it existed prior to its amendment 42,528
by Am. Sub. H.B. 215 of the 122nd General Assembly is entitled to 42,530
claim a nonrefundable credit against the corporation franchise 42,531
tax imposed by section 5733.06 of the Revised Code for tax year 42,532
2000. The amount of the credit shall equal the difference 42,533
between the amount of corporation franchise tax the corporation 42,534
paid for tax year 1999 and the amount of corporation franchise 42,535
tax that would have been due from the corporation for that year 42,536
899
if the exclusion was made; plus an amount that bears the same 42,537
ratio to the amount of any penalty or interest paid by the 42,538
corporation for that year that the difference in tax bears to the 42,539
amount of tax on account of which the penalty or interest is 42,540
charged.
If the credit exceeds the amount of tax due for tax year 42,542
2000, the corporation may claim the excess in succeeding tax 42,543
years until the full amount of the credit has been claimed, 42,544
provided that the amount claimed in any tax year shall be 42,545
deducted from the amount carried forward to the following year. 42,546
This section expires June 30, 2000. 42,548
Section 160.* Section 5733.33 of the Revised Code, as 42,550
amended by this act, applies to purchases of new manufacturing 42,551
machinery and equipment made on or after January 1, 2001. 42,552
Section 161. The amendment of sections 5112.03, 5112.06, 42,554
5112.07, 5112.08, 5112.09, and 5112.17 of the Revised Code is not 42,555
intended to supersede the earlier repeal, with delayed effective 42,557
date, of those sections.
Section 162. Section 127.16 of the Revised Code is 42,559
presented in this act as a composite of the section as amended by 42,560
both Am. Sub. H.B. 649 and Am. Sub. H.B. 850 of the 122nd General 42,561
Assembly, with the new language of neither of the acts shown in 42,563
capital letters. This is in recognition of the principle stated 42,564
in division (B) of section 1.52 of the Revised Code that such 42,565
amendments are to be harmonized where not substantively 42,566
irreconcilable and constitutes a legislative finding that such is 42,567
the resulting version in effect prior to the effective date of 42,568
this act.
Section 163. Section 311.01 of the Revised Code is 42,570
presented in this act as a composite of the section as amended by 42,571
both Sub. H.B. 351 and Sub. H.B. 670 of the 121st General 42,572
Assembly, with the new language of neither of the acts shown in 42,573
capital letters. This is in recognition of the principle stated 42,574
in division (B) of section 1.52 of the Revised Code that such 42,575
900
amendments are to be harmonized where not substantively 42,576
irreconcilable and constitutes a legislative finding that such is 42,577
the resulting version in effect prior to the effective date of 42,578
this act.
Section 164. Section 329.04 of the Revised Code is 42,580
presented in this act as a composite of the section as amended by 42,581
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 42,582
Assembly, with the new language of neither of the acts shown in 42,584
capital letters. This is in recognition of the principle stated 42,585
in division (B) of section 1.52 of the Revised Code that such 42,586
amendments are to be harmonized where not substantively 42,587
irreconcilable and constitutes a legislative finding that such is 42,588
the resulting version in effect prior to the effective date of 42,589
this act.
Section 165. Section 3745.11 of the Revised Code is 42,591
presented in this act as a composite of the section as amended by 42,592
both Am. Sub. H.B. 215 and Am. Sub. H.B. 321 of the 122nd General 42,593
Assembly, with the new language of neither of the acts shown in 42,594
capital letters. This is in recognition of the principle stated 42,596
in division (B) of section 1.52 of the Revised Code that such 42,597
amendments are to be harmonized where not substantively 42,598
irreconcilable and constitutes a legislative finding that such is 42,599
the resulting version in effect prior to the effective date of 42,600
this act.
Section 166. Section 5111.01 of the Revised Code is 42,602
presented in this act as a composite of the section as amended by 42,603
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 42,604
Assembly, with the new language of neither of the acts shown in 42,606
capital letters. This is in recognition of the principle stated 42,607
in division (B) of section 1.52 of the Revised Code that such 42,608
amendments are to be harmonized where not substantively 42,609
irreconcilable and constitutes a legislative finding that such is 42,610
the resulting version in effect prior to the effective date of 42,611
this act.
901
Section 167. If any item of law that constitutes the whole 42,613
or part of a codified or uncodified section of law contained in 42,614
this act, or if any application of any item of law that 42,615
constitutes the whole or part of a codified or uncodified section 42,617
of law contained in this act, is held invalid, the invalidity 42,618
does not affect other items of law or applications of items of 42,619
law that can be given effect without the invalid item of law or 42,620
application. To this end, the items of law of which the codified 42,621
and uncodified sections contained in this act are composed, and 42,622
their applications, are independent and severable.